hordruma/ontario_laws_and_regs huggingface dataset:
PART IV THE CITY AND ITS GOVERNANCE
Dissolution, etc., of joint board
147 If the City passes a by-law in accordance with subsection 145 (1) to dissolve or change a local board which is a local board of the City and one or more other municipalities, (a) the by-law does not come into force until at least half of the municipalities, excluding the City, have passed a resolution giving their approval to the by-law; (b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board.  2006, c. 11, Sched. A, s. 147; 2006, c. 32, Sched. B, s. 36. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 36 - 01/01/2007 Corporations
PART IV THE CITY AND ITS GOVERNANCE
Power to establish corporations
148 (1) Without limiting sections 7 and 8, those sections authorize the City to do the following things in accordance with such conditions and restrictions as may be prescribed: 1. To establish corporations. 2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation. 3. To exercise any power as a member of a corporation. 4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed. 5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed.  2006, c. 11, Sched. A, s. 148 (1); 2006, c. 32, Sched. B, s. 37. Duties of corporations, etc. (2) A corporation established by the City and a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed.  2009, c. 33, Sched. 21, s. 4 (7). Exceptions (3) This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation as defined in the Housing Services Act, 2011 or any other corporation that the City is expressly authorized under any other Act to establish or control.  2006, c. 11, Sched. A, s. 148 (3); 2011, c. 6, Sched. 1, s. 186 (1). Definition (4) For the purposes of this section and section 154, “secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation.  2009, c. 33, Sched. 21, s. 4 (8). Regulations (5) The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations.  2009, c. 33, Sched. 21, s. 4 (8). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 37 - 01/01/2007 2009, c. 33, Sched. 21, s. 4 (7, 8) - 25/01/2010 2011, c. 6, Sched. 1, s. 186 (1) - 01/01/2012 Municipal Restructuring
PART IV THE CITY AND ITS GOVERNANCE
Effect of Minister’s order
151 (1) An order of the Minister under section 149, (a) is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and (b) prevails over any Act or regulation, other than this section, with which it conflicts and prevails over a regulation made under section 155, with which it conflicts.  2006, c. 11, Sched. A, s. 151 (1). Exceptions (2) Despite clause (1) (b), the City may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 149 or under section 173 of the Municipal Act, 2001 comes into force, unless the order precludes it expressly or by necessary implication: 1. Changing the name of the City. 2. Dissolving or changing local boards. 3., 4.  Repealed: 2018, c. 11, Sched. 1, s. 8. 5. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by the City prevails over an order of the Minister under section 149.  2006, c. 11, Sched. A, s. 151 (2); 2018, c. 11, Sched. 1, s. 8. Same (3) Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act.  2006, c. 11, Sched. A, s. 151 (3). Taxes (4) If, as a result of an order described in subsection (1), an area of the City is subject to taxes or rates which do not apply generally across the City, section 21 of the Assessment Act
applies with respect to those taxes or rates as if the area were the whole City.  2006, c. 11, Sched. A, s. 151 (4). Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 1, s. 8 - 14/08/2018 Regulations
PART IV THE CITY AND ITS GOVERNANCE
Regulations re city council, etc.
152 (1) The Lieutenant Governor in Council may make regulations, (a) requiring the City to establish an executive committee from among the members of council and prescribing the composition, powers and duties of the committee, including, for example, requiring the committee to provide strategic directions for the City; (b) requiring the head of council to appoint the chairs and vice-chairs of specified committees of council and specified local boards; (c) requiring the head of council to appoint one or more deputy heads of council from among the members of council and prescribing the duties of the persons appointed; (d) requiring the head of council to nominate or to appoint one or more persons who will have the prescribed responsibilities, powers and duties of a chief administrative officer for the City; (e) establishing procedures for the appointment of persons who are nominated under clause (d) by the head of council; (f) establishing procedures relating to the dismissal of persons who are nominated or appointed under clause (d); (g) prescribing transitional matters relating to the exercise of powers and performance of duties under clauses (d) and (e); (h) requiring council to appoint specified committees composed of members of council elected from specified geographic areas of the City and requiring the City to delegate prescribed powers and duties to the committees; (i) specifying procedures for the adoption by the City of a budget under section 228 or the adoption or readoption of a budget under section 229; (j) specifying the duties of the head of council in respect of the adoption or readoption of such a budget by the City.  2006, c. 11, Sched. A, s. 152 (1). Conflict (2) In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails.  2006, c. 11, Sched. A, s. 152 (2).
PART IV THE CITY AND ITS GOVERNANCE
Regulations re dissolution, etc., of local boards
153 For the purposes of section 145, the Minister of Municipal Affairs and Housing may make regulations, despite this or any other Act, (a) providing that any body performing any public function is a local board; (b) providing that a local board is a local board of the City; (c) providing that the City does not have the power to dissolve or change a local board specified in the regulation; (d) imposing conditions and limitations on the powers of the City; (e) providing that, for the purposes specified in the regulation, the City is deemed to be a local board of the type dissolved or changed; (f) providing that, for the purposes specified in the regulation, the City shall stand in the place of a local board dissolved or changed; (g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the City to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose; (h) providing that the provisions of any Act specified in the regulation do not apply to the City acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose; (i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section; (j) providing that the City or local board pay money to each other or another municipality or local board; (k) providing for transitional matters related to a dissolution of or change to a local board.  2006, c. 11, Sched. A, s. 153.
PART IV THE CITY AND ITS GOVERNANCE
Regulations re corporations
154 (1) For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing corporations established under subsection 148 (1) and secondary corporations, including regulations, (a) prescribing the purposes for which the City may exercise its powers referred to in that section and imposing conditions and restrictions on the use of those powers; (b) prescribing the purposes for which a corporation may carry on business or engage in activities; (c) prescribing securities for the purposes of paragraphs 4 and 5 of subsection 148 (1); (d) imposing conditions and requirements that apply to a corporation and its directors and officers; (e) providing that specified corporations are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified; (f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed; (g) exempting the City from the application of section 82 with respect to specified corporations; (h) providing for transitional matters relating to the City’s exercise of its powers under that section or relating to a specified corporation’s exercise of its powers.  2006, c. 11, Sched. A, s. 154 (1); 2009, c. 33, Sched. 21, s. 4 (9). Conflict (2) If there is a conflict between a regulation made under this section and a provision of this Act, other than section 148, or of any other Act or a provision of any regulation, the regulation made under this section prevails.  2006, c. 11, Sched. A, s. 154 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (9) - 25/01/2010
PART IV THE CITY AND ITS GOVERNANCE
Additional regulation-making powers re corporations
154.1 (1) For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing the corporations established under that section, including regulations providing that specified corporations are deemed to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified.  2006, c. 32, Sched. B, s. 38. Saving (2) The power conferred by subsection (1) is in addition to the power conferred by section 154.  2006, c. 32, Sched. B, s. 38. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 38 - 01/01/2007 Regulations re minor restructuring
PART IV THE CITY AND ITS GOVERNANCE
Minister
155 (1) The Minister of Municipal Affairs and Housing may make regulations, (a) establishing restructuring principles and standards that relate to proposals for minor restructuring under section 149; (b) for the purposes of section 149, (i) establishing types of restructuring, (ii) providing which municipalities may support a proposal for minor restructuring with respect to each type of restructuring, (iii) providing for the degree of support required to support a proposal for minor restructuring with respect to each type of restructuring, (iv) providing for the manner of determining the support, and (v) providing for criteria which must be met by the municipalities supporting a proposal for minor restructuring; (c) providing that a municipality in a geographic area for which a proposal for minor restructuring has been submitted under subsection 149 (1), (i) shall not exercise a specified power under any Act, (ii) shall exercise, in the specified manner, a specified power under any Act, (iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act; (d) for the purpose of paragraph 2 of subsection 149 (3), prescribing the persons or bodies to be consulted.  2006, c. 11, Sched. A, s. 155 (1). Lieutenant Governor in Council (2) Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister of Municipal Affairs and Housing in implementing a proposal for minor restructuring.  2006, c. 11, Sched. A, s. 155 (2). part v   accountability and transparency Interpretation
PART V ACCOUNTABILITY AND TRANSPARENCY
Definitions
156 In this Part, “city-controlled corporation” means a corporation that has 50 per cent or more of its issued and outstanding shares vested in the City or that has the appointment of a majority of its board of directors made or approved by the City, but does not include a local board; (“société contrôlée par la cité”) “code of conduct” means a code of conduct established under section 157; (“code de déontologie”) “grant recipient” means person or entity that receives a grant directly or indirectly from the City, a local board (restricted definition) or a city-controlled corporation; (“bénéficiaire d’une subvention”) “local board (restricted definition)” means a local board other than, (a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017, (b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, (c) a committee of management under the Fixing Long-Term Care Act, 2021, (d) a police services board established under the Police Services Act, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) of the definition of “local board (restricted definition)” in section 156 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 10 (7)) (d) a police service board established under the Community Safety and Policing Act, 2019, (e) a board as defined in section 1 of the Public Libraries Act, (f) a corporation established in accordance with section 148, (g) such other local boards as may be prescribed; (“conseil local (définition restreinte)”) “public office holder” means, (a) a member of city council and any person on his or her staff, (b) an officer or employee of the City, (c) a member of a local board (restricted definition) of the City and any person on his or her staff, (d) an officer, director or employee of a local board (restricted definition) of the City, and (e) such other persons as may be determined by city council who are appointed to any office or body by city council or by a local board (restricted definition) of the City. (“titulaire d’une charge publique”)  2006, c. 11, Sched. A, s. 156; 2007, c. 8, s. 198 (3); 2017, c. 14, Sched. 4, s. 6 (3); 2021, c. 39, Sched. 2, s. 3 (4). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 198 (3)
- 01/07/2010 2017, c. 14, Sched. 4, s. 6 (3) - 30/04/2018 2018, c. 3, Sched. 5, s. 11 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (7) - not in force 2021, c. 39, Sched. 2, s. 3 (4) - 11/04/2022 Code of Conduct
PART V ACCOUNTABILITY AND TRANSPARENCY
Code of conduct
157 (1) The City shall establish codes of conduct for members of city council and members of local boards (restricted definition).  2006, c. 11, Sched. A, s. 157 (1). Same (2) Without limiting sections 7 and 8, those sections authorize the City to establish codes of conduct for members of city council and of local boards (restricted definition) of the City.  2006, c. 11, Sched. A, s. 157 (2). No offence or administrative penalty (3) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay an administrative penalty. 2017, c. 10, Sched. 2, s. 15. Regulations (4) The Minister may make regulations prescribing one or more subject matters that the City is required to include in a code of conduct. 2017, c. 10, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 15 - 01/03/2019 Integrity Commissioner
PART V ACCOUNTABILITY AND TRANSPARENCY
Appointment of Commissioner
158 (1) The City shall appoint an Integrity Commissioner.  2006, c. 11, Sched. A, s. 158 (1). Reporting relationship (2) The Commissioner reports to city council.  2006, c. 11, Sched. A, s. 158 (2). Status (3) The Commissioner is not required to be a city employee.  2006, c. 11, Sched. A, s. 158 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Duty of confidentiality
161 (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 11, Sched. A, s. 161 (1). Confidentiality, information disclosed to Commissioner (2) Despite subsection (1), information may be disclosed, (a) in a criminal proceeding, as required by law; or (b) otherwise in accordance with this Part.  2006, c. 11, Sched. A, s. 161 (2). Release of advice (2.1) Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 159 (1) may be released with the member’s written consent. 2017, c. 10, Sched. 2, s. 19. Partial release by member (2.2) If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 159 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. 2017, c. 10, Sched. 2, s. 19. Other circumstances (2.3) The Commissioner may disclose such information as in the Commissioner’s opinion is necessary, (a) for the purposes of a public meeting under subsection 160.1 (8); (b) in an application to a judge referred to in subsection 160.1 (15); or (c) in the written reasons given by the Commissioner under subsection 160.1 (17). 2017, c. 10, Sched. 2, s. 19. Municipal Freedom of Information and Protection of Privacy Act (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 11, Sched. A, s. 161 (3). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 19 - 01/03/2019
PART V ACCOUNTABILITY AND TRANSPARENCY
Report to council, general
162 (1) If the Commissioner provides a periodic report to city council on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.  2006, c. 11, Sched. A, s. 162 (1). Report about conduct (2) If the Commissioner reports to city council or to a local board (restricted definition) his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner’s opinion are necessary for the purposes of the report.  2006, c. 11, Sched. A, s. 162 (2). Publication of reports (3) City council and each local board (restricted definition) shall ensure that reports received from the Commissioner by council or by the board, as the case may be, are made available to the public.  2006, c. 11, Sched. A, s. 162 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Reference to appropriate authorities
164 If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act, other than the Municipal Conflict of Interest Act, or of the Criminal Code
(Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to city council.  2006, c. 11, Sched. A, s. 164; 2017, c.10, Sched. 2, s. 20. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 20 - 01/03/2019 Registration re Lobbying
PART V ACCOUNTABILITY AND TRANSPARENCY
Registry
165 (1) The City shall establish and maintain a registry in which shall be kept such returns as may be required by the City that are filed by persons who lobby public office holders.  2006, c. 11, Sched. A, s. 165 (1). Access to registry (2) The registry shall be available for public inspection in the manner and during the time that the City may determine.  2006, c. 11, Sched. A, s. 165 (2).
PART V ACCOUNTABILITY AND TRANSPARENCY
Requirement to file returns, etc.
166 Without limiting sections 7 and 8, those sections authorize the City to provide for the registry described in subsection 165 (1), to provide for a system of registration of persons who lobby public office holders and to do the following things: 1. Define “lobby”. 2. Require persons who lobby public office holders to file returns and give information to the City. 3. Specify the returns to be filed and the information to be given to the City by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided. 4. Exempt persons from the requirement to file returns and provide information. 5. Specify activities with respect to which the requirement to file returns and provide information does not apply. 6. Establish a code of conduct for persons who lobby public office holders. 7. Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law. 8. Prohibit a person from lobbying public office holders without being registered. 9. Impose conditions for registration, continued registration or a renewal of registration. 10. Refuse to register a person, and suspend or revoke a registration. 11. Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 11, Sched. A, s. 166.
PART V ACCOUNTABILITY AND TRANSPARENCY
Prohibition on contingency fees
167 Without limiting sections 7 and 8, those sections authorize the City to prohibit a person on whose behalf another person undertakes lobbying activities from making payment for the lobbying activities that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 11, Sched. A, s. 167; 2006, c. 32, Sched. B, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 39 - 01/01/2007
PART V ACCOUNTABILITY AND TRANSPARENCY
Registrar for lobbying matters
168 (1) Without limiting sections 7 and 8, those sections authorize the City to appoint a registrar who is responsible for performing in an independent manner the functions assigned by city council with respect to the registry described in subsection 165 (1) and the system of registration and other matters described in section 166.  2006, c. 11, Sched. A, s. 168 (1). Powers and duties (2) Subject to this Part, in carrying out these responsibilities, the registrar may exercise such powers and shall perform such duties as may be assigned to him or her by city council.  2006, c. 11, Sched. A, s. 168 (2). Delegation (3) The registrar may delegate in writing to any person, other than a member of city council, any of the registrar’s powers and duties under this Part.  2006, c. 11, Sched. A, s. 168 (3). Same (4) The registrar may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 168 (4). Status (5)  The registrar is not required to be a city employee.  2006, c. 11, Sched. A, s. 168 (5).