hordruma/ontario_laws_and_regs huggingface dataset:
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Time for certifying validity of debentures
432.0.6 (1) The Ontario Land Tribunal shall not certify the validity of any debenture issued under any by-law of the City until 30 days after the final passing of the by-law, unless notice of the application for certification has been otherwise published or given as directed by the Tribunal. 2021, c. 4, Sched. 6, s. 37 (7). Exception (2) This section does not apply to any debenture authorized under clause 432.0.2 (1) (d) or to a consolidating by-law if every by-law consolidated was finally passed at least 30 days before certification. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Validation of by-laws and debentures
432.0.7 (1) An application may be made to the Ontario Land Tribunal for approval of a by-law of the City authorizing the issue of any debentures, and of the debentures, either before the debentures are issued by the City or after the issue and sale of any debentures by the City. 2021, c. 4, Sched. 6, s. 37 (7). Same (2) In respect of an application made under subsection (1), the Tribunal may approve the by-law and certify the validity of the debentures despite any omission, illegality, invalidity or irregularity in the by-law or the debentures or in any proceedings relating to or incidental to them occurring before or after the final passing of the by-law or the issuing of the debentures. 2021, c. 4, Sched. 6, s. 37 (7). No approval if by-law quashed, etc. (3) The Tribunal shall not approve any by-law of the City or certify the validity of any debentures issued under a by-law if the validity of the by-law or debenture is being questioned in any pending litigation or the by-law has been set aside, quashed or declared to be invalid by any court. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Debentures to be certified
432.0.8 If the validity of a debenture is certified by the Ontario Land Tribunal, it shall bear the certificate of the Tribunal in the form approved by the Tribunal establishing that the by-law under the authority of which the debenture is issued has been approved by the Tribunal and that the debenture is issued in conformity with the approval. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Validity of certified debentures
432.0.9 Despite any Act, every by-law of the City approved by the Ontario Land Tribunal and every debenture issued under a by-law bearing the certificate of the Tribunal is for all purposes valid and binding on the City and its ratepayers and on the property liable for any rate imposed under the by-law, and the validity of the by-law and the debenture shall not be contested or questioned in any manner. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Scope of Tribunal inquiry
432.0.10 (1) The Ontario Land Tribunal may, before approving an application by the City for any of the following, make inquiries into the matters described in subsection (2): 1. Approval of the exercise by the City of any of its powers. 2. Approval of the incurring of any debt. 3. Approval of the issue of any debentures. 4. Approval of a by-law. 2021, c. 4, Sched. 6, s. 37 (7). Same (2) For the purposes of subsection (1), the matters are the following: 1. The nature of the power sought to be exercised or undertaking that is proposed to be or has been proceeded with. 2. The financial position and obligations of the City. 3. The burden of taxation on the ratepayers. 4. Any other matter that the Tribunal considers to be relevant. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Limitation re undertaking debt
432.0.12 (1) Despite any Act, a local board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or may be raised after the term for which the council of the City or board was elected. 2021, c. 4, Sched. 6, s. 37 (7). Application (2) Subsection (1) applies to a local board, other than a board as defined in subsection 1 (1) of the Education Act, that is entitled to apply to the council of the City to have money provided by the issue of debentures of the City. 2021, c. 4, Sched. 6, s. 37 (7). Matters not requiring Tribunal approval (3) Subsection (1) does not apply to, (a) anything done with the approval of the Ontario Land Tribunal, if the approval is, (i) provided for by another Act or by another provision of this Act, and (ii) obtained in advance; (b) a by-law of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the Tribunal has been obtained; or (c) a by-law or resolution of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the City has been obtained. 2021, c. 4, Sched. 6, s. 37 (7). Approval of Tribunal (4) The approval of the Tribunal mentioned in clause (3) (a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1). 2021, c. 4, Sched. 6, s. 37 (7). Definition (5) In this section, “work” includes any undertaking, project, scheme, act, matter or thing. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Inquiry by Tribunal
432.0.13 On an application being made to the Ontario Land Tribunal for the approval required by section 432.0.12, the Tribunal shall proceed to deal with the application in the manner provided by and shall have regard to the matters mentioned in section 432.0.10, and may hold such hearings as may appear necessary to the Tribunal. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Tribunal may impose conditions on giving approval
432.0.14 The Ontario Land Tribunal may impose, as it considers necessary and as a condition of giving its approval as required by section 432.0.12, restrictions, limitations and conditions on the local board with respect to the matter before the Tribunal or with respect to the current annual or future annual expenditures of the local board for any purpose or with respect to further issues of debentures for the purposes of the local board. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021 Public Utilities
PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
Jurisdiction and powers
432.0.15 (1) The Ontario Land Tribunal has jurisdiction and power, (a) to hear and determine any application with respect to any public utility, its construction, maintenance or operation by reason of the contravening of or failure to comply on the part of the City or any person, firm, company or corporation with the requirements of any Act, or of any regulation, rule, by-law or order made under any Act, or of any agreement entered into in relation to such public utility, its construction, maintenance or operation; and (b) to hear and determine any application with respect to any tolls charged by the City or any person, firm, company or corporation operating a public utility in excess of those approved or prescribed by lawful authority, or which are otherwise unlawful. 2021, c. 4, Sched. 6, s. 37 (7). Jurisdiction over receivers, liquidators, etc. (2) A manager or other official or the liquidator or receiver of a public utility shall manage, operate or liquidate the public utility in accordance with the orders and directions of the Tribunal. 2021, c. 4, Sched. 6, s. 37 (7). Same (3) The fact that the person is managing or operating or liquidating the public utility under the authority of a court is not a bar to the exercise by the Tribunal of any jurisdiction or power conferred by this Part. 2021, c. 4, Sched. 6, s. 37 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 37 (7) - 01/06/2021 part XIX   miscellaneous matters Rateable Property
PART XIX MISCELLANEOUS MATTERS
Land deemed to be rateable property
432.1 (1) For the purposes of this Act, land that would have been rateable property if it had not vested in the Crown in right of Ontario because of an escheat or forfeiture as a result of the dissolution of a corporation is deemed to be rateable property for the period that begins on the day on which the land is escheated or forfeited and that ends on the day a notice is registered on title to the land under section 24 of the Forfeited Corporate Property Act, 2015, indicating that the Crown intends to use the property for Crown purposes. 2017, c. 10, Sched. 2, s. 67. Same (2) For the purposes of this Act, land that would have been rateable property if it did not belong to the Crown in right of Ontario as a result of the death of an individual who did not have any lawful heirs is deemed to be rateable property for the period that begins on the day on which the land becomes the property of the Crown and that ends on the day a notice is registered on title to the land indicating that the Crown intends to use the property for Crown purposes.
2017, c. 10, Sched. 2, s. 67. Non-application of the Municipal Tax Assistance Act (3) The Municipal Tax Assistance Act does not apply to land that is deemed to be rateable property under this section. 2017, c. 10, Sched. 2, s. 67. Transition (4) If land described in subsection (1) is vested in the Crown in right of Ontario before this section comes into force, this section applies in respect of that land as if it had been in force on the day the land became vested in the Crown. 2017, c. 10, Sched. 2, s. 67. Same (5) If land described in subsection (2) became the property of the Crown in right of Ontario before this section comes into force, this section applies in respect of that land as if it had been in force on the day the land became the property of the Crown. 2017, c. 10, Sched. 2, s. 67. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 67 - 30/05/2017 Status of Certain Employment Benefits
PART XIX MISCELLANEOUS MATTERS
Interpretation
433 In sections 434 to 440, “local board” has the same meaning as in the City of Toronto Act, 1997 (No. 1) as that Act read immediately before its repeal by section 1 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006; (“conseil local”) “Metro” means The Municipality of Metropolitan Toronto under the Metro Act; (“communauté urbaine”) “Metro Act” means the Municipality of Metropolitan Toronto Act, being chapter M.62 of the Revised Statutes of Ontario, 1990, as that Act read immediately before its repeal; (“loi sur la communauté urbaine”) “old municipalities” has the same meaning as in the City of Toronto Act, 1997 (No. 1) as that Act read immediately before its repeal by section 1 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006. (“anciennes municipalités”)  2006, c. 11, Sched. A, s. 433.
PART XIX MISCELLANEOUS MATTERS
Pensions, benefits
434 (1) In this section, “benefits” includes, (a) life, accident, liability, health, hospital or other insurance benefits, (b) liability, medical, health, hospital, sick leave, holiday or similar benefits or gratuities, (c) retirement allowances, severances or incentives, and (d) gratuities in respect of work-related injuries or death; (“avantages sociaux”) “employee” means, (a) employees and retired employees, both as defined in paragraph 46 of section 207 of the old Municipal Act, and (b) former employees. (“employé”)  2006, c. 11, Sched. A, s. 434 (1). Rights preserved (2) Nothing in this Act, the City of Toronto Act, 1997 (No. 1) or the City of Toronto Act, 1997 (No. 2) affects the rights that any of the following persons have with respect to pensions or benefits on December 31, 1997: 1. Employees of an old municipality or one of its local boards. 2. Members or former members of a council of an old municipality, or of a local board of an old municipality. 3. Persons entitled, under paragraph 50 of section 207 of the old Municipal Act, to benefits from an old municipality or one of its local boards. 4. The beneficiaries of persons referred to in paragraphs 1, 2 and 3.  2006, c. 11, Sched. A, s. 434 (2). Plans and funds continued (3) Subject to any other Act, all pension and benefit plans and funds that meet the following conditions are continued: 1. They existed on December 31, 1997 and, by virtue of section 3 of the City of Toronto Act, 1997 (No. 2), they were continued. 2. They have been established under the authority of a general or special Act. 3. They provide for pensions or benefits for persons listed in subsection (2).  2006, c. 11, Sched. A, s. 434 (3). Administrative bodies continued (4) Every board, committee or other body established to administer a plan or fund that is continued by subsection (3) is likewise continued.  2006, c. 11, Sched. A, s. 434 (4). Future changes (5) This section does not affect any power that the City or any of its local boards may have to make changes with respect to a pension or benefit plan or fund, including changes affecting the rights of persons listed in subsection (2), by agreement or as otherwise allowed by law.  2006, c. 11, Sched. A, s. 434 (5).
PART XIX MISCELLANEOUS MATTERS
Amending pension by-laws
435 (1) The City may, by by-law, amend a by-law passed under clause 24 (3) (b) of the Metro Act, as it read on December 31, 1997, or under a predecessor of that clause.  2006, c. 11, Sched. A, s. 435 (1). Two-thirds majority for amendment (2) A by-law under subsection (1) requires an affirmative vote of two-thirds of the members of city council who are present and voting.  2006, c. 11, Sched. A, s. 435 (2).
PART XIX MISCELLANEOUS MATTERS
Local boards, pension contributions
436 When a pension plan established under clause 24 (3) (b) of the Metro Act, or under a predecessor of that clause, applies to an employee of a local board of the City, the local board shall, (a) deduct from the employee’s remuneration, by instalments, the amounts that the plan requires him or her to contribute, and pay them to the city treasurer; and (b) pay to the city treasurer the employer contributions that the plan requires in respect of the employee.  2006, c. 11, Sched. A, s. 436.
PART XIX MISCELLANEOUS MATTERS
Accrued benefits, former plan
438 (1) Subsection (2) applies if an employee of the City or of one of its local boards was, on December 31, 1997, a member of a pension plan established by Metro by virtue of, (a) an election under subsection 24 (5) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection; or (b) an agreement under clause 24 (3) (c) of the Metro Act, as it read on December 31, 1997, or a predecessor of that clause.  2006, c. 11, Sched. A, s. 438 (1). Same (2) When the employee’s services with the City or local board terminate, (a) the employee or his or her beneficiaries are entitled to all the benefits under the pension plan of the former employer referred to in subsection 24 (9) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection, accrued up to the date the employee became a member of the plan established by Metro; and (b) for the purpose of determining eligibility for those accrued benefits, the employee’s service with the City or local board (and, up to December 31, 1997, with Metro or its local board) is deemed to be service with the former employer.  2006, c. 11, Sched. A, s. 438 (2). Transfer from other plan (3) An employee who became a member of the pension plan of Metro or one of its local boards in accordance with subsection 24 (5) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection, is entitled to elect to transfer money to that plan from the pension plan of the former employer, in accordance with subsection 117 (5) of the old Municipal Act.  2006, c. 11, Sched. A, s. 438 (3). Same (4) Subsection (3) applies even if the employee would not be entitled to a refund of contributions from the pension plan of the former employer; on the transfer, the employee and his or her beneficiaries cease to have any rights under the pension plan of the former employer.  2006, c. 11, Sched. A, s. 438 (4). Same (5) If the employee elects under subsection (3), the money shall be transferred when his or her service with the City or local board ends, subject to subsection (6).  2006, c. 11, Sched. A, s. 438 (5). Same (6) The money may be transferred earlier, (a) at the option of the Toronto Transit Commission or the Toronto Police Services Board, as the case may be, if the Toronto Transit Commission or the Toronto Police Services Board, as the case may be, or a predecessor is the former employer; (b) at the City’s option, in all other cases.  2006, c. 11, Sched. A, s. 438 (6). Certain members of police force (7) Subsection (2) also applies to every person who was, on December 31, 1997, a member of the Toronto Police Force to whom subsection 204 (2) of the Metro Act, as it read on that day, applied.  2006, c. 11, Sched. A, s. 438 (7). Application of S.O. 1975, c. 116, s. 1 (8) Section 1 of The City of Toronto Act, 1975 (No. 1) continues to apply to an employee of the City or of one of its local boards who was, on December 31, 1997, entitled to elect under that section.  2006, c. 11, Sched. A, s. 438 (8).
PART XIX MISCELLANEOUS MATTERS
Right to elect preserved
439 (1) An employee of the City or of one of its local boards who had, on December 31, 1997, the right to elect under subsection 24 (5) of the Metro Act as it read on that date continues to have that right.  2006, c. 11, Sched. A, s. 439 (1). Effect of election (2) Subsections 438 (2) to (6) apply if the employee exercises the right to elect.  2006, c. 11, Sched. A, s. 439 (2).
PART XIX MISCELLANEOUS MATTERS
Plans other than OMERS plan
440 A person who was, on December 31, 1997, an employee of an old municipality or one of its local boards and a member of a pension plan other than the one established under the Ontario Municipal Employees Retirement System Act and became an employee of the City or one of its local boards on January 1, 1998, remains a member of that other plan and the Ontario Municipal Employees Retirement System Act, 2006 does not apply in respect of the person.  2006, c. 11, Sched. A, s. 440; 2006, c. 32, Sched. B, s. 90. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 90 - 01/01/2007
PART XIX MISCELLANEOUS MATTERS
Contributions to pensions of craft tradespersons
441 (1) Despite section 7 of the Ontario Municipal Employees Retirement System Act, 2006, the City may make contributions in accordance with a collective agreement to provide pensions for persons it employs as craft tradespersons.  2006, c. 11, Sched. A, s. 441 (1); 2006, c. 32, Sched. B, s. 91 (1). Non-application of OMERS (2) The Ontario Municipal Employees Retirement System Act, 2006 does not apply to the contributions referred to in subsection (1).  2006, c. 11, Sched. A, s. 441 (2); 2006, c. 32, Sched. B, s. 91 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 91 (1, 2) - 01/01/2007
PART XIX MISCELLANEOUS MATTERS
Effect of certain by-laws
443 (1) A by-law passed under subsection 1 (2) of the City of Toronto Act, 1988 (No. 3) is deemed not to adversely affect the pensions, other benefits and privileges of members of any plan administered by a committee referred to in that subsection.  2006, c. 11, Sched. A, s. 443 (1). Same (2) Despite subsection (1), section 26 of the Pension Benefits Act applies to any amendment of a plan referred to in subsection (1) that would result in a reduction of pension benefits accruing after the effective date of the amendment or would otherwise adversely affect the rights or obligations of a person entitled to payment under the plan.  2006, c. 11, Sched. A, s. 443 (2).
PART XIX MISCELLANEOUS MATTERS
Persons administering certain pension funds
443.1 (1) This section applies to a person who is a member of a pension committee, as defined in the Pension Benefits Act, which is the administrator of, (a) the Toronto Fire Department Superannuation and Benefit Fund; or (b) The Toronto Civic Employees Pension and Benefit Fund.  2006, c. 32, Sched. B, s. 92. Indemnification (2) The City shall indemnify any person from losses, costs, damages or expenses arising out of or connected with the person’s status as a member of a pension committee referred to in subsection (1) and shall defend the person in respect of any claim related thereto, but the City shall not indemnify a person if the losses, costs, damages or expenses are due to the person’s fraud or deliberate breach of trust.  2006, c. 32, Sched. B, s. 92. Alternate member (3) For the purposes of this section, a person who is an alternate member of a pension committee is also a member of the committee.  2006, c. 32, Sched. B, s. 92. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 92 - 01/01/2007 444 Repealed:  2006, c. 32, Sched. B, s. 93. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 93 - 01/01/2007 Restrictions on Supply of Water, Sewage Disposal
PART XIX MISCELLANEOUS MATTERS
No contract to supply water to lower-tier municipalities
445 (1) The City cannot enter into a contract with a local municipality of a regional municipality to supply water to the local municipality for its own use or for resale to the inhabitants of the local municipality.  2006, c. 11, Sched. A, s. 445 (1). Approval of sale beyond boundaries (2) If the City enters into a contract to supply water to a municipality with which it is entitled to enter such a contract, the municipality shall not supply or agree to supply any water beyond its own boundaries without the approval of the City.  2006, c. 11, Sched. A, s. 445 (2).
PART XIX MISCELLANEOUS MATTERS
Long-term care homes
447 A long-term care home that the City maintains under Part IX of the Fixing Long-Term Care Act, 2021 may be located inside or outside of the City if, (a) the long-term care home was established by the City and is continued under Part IX of that Act; or (b) the long-term care home is established by the City under Part IX of that Act. 2021, c. 39, Sched. 2, s. 3 (6). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 198 (5)
- 01/07/2010 2021, c. 39, Sched. 2, s. 3 (6) - 11/04/2022
PART XIX MISCELLANEOUS MATTERS
Vesting of trust fund
449 (1) The trust fund composed of undisbursed interest accumulated before January 1, 1982 on the trust accounts of residents of Metropolitan Toronto Homes for the Aged is vested in the City.  2006, c. 11, Sched. A, s. 449 (1). Distribution (2) The City may, in its absolute discretion, distribute both the fund and interest accruing on it for any purpose, other than the ordinary operation and maintenance of the long-term care homes of the City, that is for the general benefit of their residents.  2006, c. 11, Sched. A, s. 449 (2); 2007, c. 8, s. 198 (6). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 198 (6) - 01/07/2010 450 Repealed:  2007, c. 8, s. 198 (7). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 198 (7)
- 01/07/2010