hordruma/ontario_laws_and_regs huggingface dataset:
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Power of entry re: dangerous trees
105.1 (1) The City may enter on land, without notice to the owner, tenant or occupant of the land, to inspect a tree located on the land that, in the opinion of the City, is in a condition creating an immediate danger to persons or property.  2006, c. 32, Sched. B. s. 21. Elimination of immediate danger (2) If, upon inspection under subsection (1) or under subsection 375 (1) in respect of a by-law described in subsection (3), a tree on the land appears, in the opinion of the City, to be in a condition creating an immediate danger to persons or property, the City may enter on the land after making reasonable efforts to notify the owner, tenant or occupant of the land and remove the tree or otherwise eliminate the condition creating the immediate danger.  2006, c. 32, Sched. B. s. 21. Subject of by-law (3) A by-law for the purpose of subsection (2) is a by-law requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property.  2006, c. 32, Sched. B. s. 21. Lien (4) Any amount spent by the City in doing what is authorized under subsection (2), together with interest at a rate to be determined by the City, is payable to the City and shall have priority lien status, and the certificate of the city clerk as to the amount is final.  2006, c. 32, Sched. B. s. 21. Added to tax roll (5) The amount payable to the City may be added to the tax roll to be collected in one year or to be collected in instalments over a period of not more than five years.  2006, c. 32, Sched. B. s. 21. General provision not applicable (6) Paragraphs 4 and 5 of subsection 375 (1) do not apply to the powers of entry under this section.  2006, c. 32, Sched. B. s. 21. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 21 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Registration of agreements respecting ravines
105.2 (1) An agreement described in subsection (2) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  2006, c. 32, Sched. B. s. 21. Same (2) Subsection (1) applies to an agreement that the City has entered into with the owner of land, under a City by-law, as a condition of a consent to destroy trees or other natural vegetation on a ravine, to excavate, grade or otherwise alter in elevation or contour any ravine or to provide facilities for and methods of disposal of storm, surface and waste water from any ravine and from any buildings or structures on the ravine and that deals with, (a) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the land of the owner or the protection of adjoining lands; or (b) grading or alteration in elevation or contour of the land of the owner and the provision of facilities for and methods of disposal of storm, surface and waste water from the land and from any building or structure on the land.  2006, c. 32, Sched. B. s. 21. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 21 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Energy planning
105.3 (1) Without limiting sections 7 and 8, the City may provide for or participate in long-term energy planning in the City. 2017, c. 10, Sched. 2, s. 8. Interpretation (2) Long-term energy planning referred to in subsection (1) may include consideration of energy conservation, climate change, and green energy. 2017, c. 10, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 8 - 30/05/2017 Animals
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Impounding animals
106 If the City passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, it may provide for, (a) the seizure and impounding of animals being at large or trespassing contrary to the by-law; (b) the sale of impounded animals, (i) if they are not claimed within a reasonable time, (ii) if the expenses of the City respecting the impounding of the animals are not paid, or (iii) at such time and in such manner as is provided in the by-law.  2006, c. 11, Sched. A, s. 106.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Muzzling of dogs
107 (1) If the City requires the muzzling of a dog under any circumstances, city council shall, upon the request of the owner of the dog, hold a hearing to determine whether or not to exempt the owner in whole or in part from the requirement.  2006, c. 11, Sched. A, s. 107 (1). Conditions (2) An exemption may be granted subject to such conditions as council considers appropriate.  2006, c. 11, Sched. A, s. 107 (2). Request does not stay requirement (3) A request of the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirement.  2006, c. 11, Sched. A, s. 107 (3). Structures, Including Fences and Signs
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Construction of green roofs or alternative roof surfaces
108 (1) Without limiting sections 7 and 8, those sections authorize the City to pass a by-law requiring and governing the construction of green roofs or of alternative roof surfaces that achieve similar levels of performance to green roofs if the provisions of the by-law do not conflict with the provisions of a regulation made under the Building Code Act, 1992 respecting public health and safety, fire protection, structural sufficiency, conservation and environmental protection and the requirements respecting barrier-free access.  2006, c. 11, Sched. A, s. 108 (1); 2006, c. 32, Sched. B, s. 22 (1); 2009, c. 33, Sched. 21, s. 4 (5). Same (2) A by-law under subsection (1) prevails over a regulation made under the Building Code Act, 1992, despite section 35 of that Act.  2006, c. 11, Sched. A, s. 108 (2); 2006, c. 32, Sched. B, s. 22 (2). Definition (3) For the purposes of subsection (1), “green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation.  2006, c. 11, Sched. A, s. 108 (3). Repeal (4) This section is repealed on a day to be named by proclamation of the Lieutenant Governor.  2006, c. 11, Sched. A, s. 108 (4). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. A, s. 108 - 01/01/2007 - see 2006, c. 11, Sched. A, s. 108 (4) - not in force; 2006, c. 32, Sched. B, s. 22 (1, 2) - 01/01/2007 2009, c. 33, Sched. 21, s. 4 (5) - 15/12/2009
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Environmental standards; construction of buildings
108.1 (1) Without limiting sections 7 and 8, those sections authorize the City to pass a by-law respecting the protection or conservation of the environment that requires buildings to be constructed in accordance with provisions of the building code under the Building Code Act, 1992 that are prescribed under that Act, subject to such conditions and limits as may be prescribed under that Act. 2017, c. 10, Sched. 2, s. 9. Conflict (2) Despite section 35 of the Building Code Act, 1992, if there is a conflict between that Act or the building code under that Act and a by-law to which this section applies, that Act or the building code prevails. 2017, c. 10, Sched. 2, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, section 108.1 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 2, s. 10) Green roofs or alternative roof surfaces (3) Without limiting sections 7 and 8, the power described in subsection (1) includes the power to require the construction of green roofs or of alternative roof surfaces that achieve similar levels of performance to green roofs. 2017, c. 10, Sched. 2, s. 10. Definition (4) For the purposes of subsection (3), “green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation. 2017, c. 10, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 9 - 30/05/2017; 2017, c. 10, Sched. 2, s. 10 - not in force
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Non-application of Line Fences Act
109 (1) The City may provide that the Line Fences Act does not apply to all or any part of the City.  2006, c. 11, Sched. A, s. 109 (1). Exclusion (2) Despite a by-law passed under subsection (1), section 20 of the Line Fences Act continues to apply throughout the City. 2006, c. 11, Sched. A, s. 109 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Advertising devices
110 (1) This subsection, as it read on the day before section 11 of Schedule 2 to the Modernizing Ontario’s Municipal Legislation Act, 2017
came into force, continues to apply to by-laws passed on or before that day. 2017, c. 10, Sched. 2, s. 11. Lien for costs and charges (2) All costs and charges incurred by the City for the removal, care and storage of an advertising device that is erected or displayed in contravention of a City by-law are a lien on the advertising device that may be enforced by the City under the Repair and Storage Liens Act.  2006, c. 32, Sched. B, s. 23. Disposal costs (3) All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the City as a debt owed by the owner of the device.  2006, c. 32, Sched. B, s. 23. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 23 - 01/01/2007 2017, c. 10, Sched. 2, s. 11 - 30/05/2017 Land Use Planning
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Zoning by-laws re area, density and height
113 (1) The authority to regulate provided in paragraph 4 of subsection 34 (1) of the Planning Act includes and, despite the decision of any court, is deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the City or in the area or areas defined in the by-law.  2006, c. 11, Sched. A, s. 113 (1). Zoning with conditions (2) If the official plan in effect in the City contains policies relating to zoning with conditions, the City may, in a by-law passed under section 34 of the Planning Act, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location.  2006, c. 11, Sched. A, s. 113 (2). Same (2.1) The prescribed conditions referred to in subsection (2) may be made subject to such limitations as may be prescribed.  2006, c. 32, Sched. B, s. 25. Same (3) When a prescribed condition is imposed under subsection (2), (a) the City may require an owner of land to which the by-law applies to enter into an agreement with the City relating to the condition; (b) the agreement may be registered against the land to which it applies; and (c) the City may enforce the agreement against the owner and any and all subsequent owners of the land.  2006, c. 11, Sched. A, s. 113 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 25 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Notice or public meeting not required
113.1 Despite section 34 of the Planning Act, the City may amend by-laws passed under that section without giving notice to any person and without holding open houses, public meetings or public hearings if the effect of the amending by-law is only to set out the municipal addresses to which the original by-law applies.  2006, c. 32, Sched. B, s. 26. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 26 - 01/01/2007 Front yard parking
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Definitions
113.2 (1) In this section, “front yard” means that portion of private property located between the front wall of a residential building on the property and the abutting public highway; (“cour avant”) “front yard parking” means the parking of a private passenger motor vehicle or motorcycle in a front yard. (“stationnement en cour avant”)  2006, c. 32, Sched. B, s. 26. Conflict between by-laws (2) Despite section 71 of the Planning Act, in the event of a conflict between a by-law passed under sections 7 and 8 authorizing front yard parking and a by-law passed under the Planning Act, or a predecessor of that Act, prohibiting front yard parking, the by-law passed under sections 7 and 8 prevails.  2006, c. 32, Sched. B, s. 26. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 26 - 01/01/2007 Site plan control area
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Development permit system
114.1 A regulation made under section 70.2 of the Planning Act may, (a) vary, supplement or override section 113 or 114 of this Act or any by-law passed under either of those sections as necessary to establish a development permit system; (b) authorize or require the City to pass a by-law to vary, supplement or override a by-law passed under section 113 or 114 as necessary to establish a development permit system; (c) if the City has adopted or established a development permit system, (i) exempt it from any provision of section 113 or 114 set out in the regulation, (ii) prohibit it from passing a by-law under those provisions of section 113 or 114 that are specified in the regulation.  2006, c. 32, Sched. B, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 27 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Powers re delivery noise
115.1 (1) Despite sections 7 and 8, the City does not have the power to prohibit and regulate with respect to noise made in the City in connection with the delivery of goods to any of the following, except as otherwise authorized by regulation: 1. Retail business establishments. 2. Restaurants, including cafes and bars. 3. Hotels and motels. 4. Goods distribution facilities. 2020, c. 29, Sched. 1, s. 1. Regulations (2) The Minister may make regulations, (a) authorizing the City to prohibit and regulate with respect to noise made in the City in connection with the delivery of goods to any of the places described in subsection (1); (b) governing the powers of the City under clause (a), including authorizing the City to exercise those powers in specified parts of the City; (c) defining any word or expression referred to in paragraph 1, 2, 3 or 4 of subsection (1). 2020, c. 29, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 29, Sched. 1, s. 1 - 19/09/2021 Regulations
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re toll highways
116 (1) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of section 41, including, (a) requiring the City to obtain the approval of any person or body before designating, operating or maintaining a highway as a toll highway; (b) providing for criteria which must be met before the City can designate, operate or maintain a highway as a toll highway; (c) imposing conditions and limitations on the powers of the City to designate, operate or maintain a highway as a toll highway; (d) granting the City additional powers with respect to the operation and maintenance of a toll highway, including powers with respect to the collection and enforcement of tolls imposed for the use of a toll highway; (e) without limiting clause (d), providing that the provisions of the Capital Investment Plan Act, 1993 and the regulations under that Act which relate to toll highways apply to the City with such changes as are prescribed; (f) establishing process requirements with respect to the designation, operation and maintenance of a highway as a toll highway, including requiring the City to provide notice to the Minister of Municipal Affairs and Housing or any other person or body of its intention to designate a highway as a toll highway; (g) providing that the Minister of Municipal Affairs and Housing or any other person or body who receives notice under clause (f) may prohibit the City from making the designation even though the designation is otherwise authorized under the regulation.  2006, c. 11, Sched. A, s. 116 (1). Conflicts (2) In the event of a conflict between a regulation made under this section and a provision of any Act or regulation, the regulation made under this section prevails.  2006, c. 11, Sched. A, s. 116 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re highways and bridges
117 (1) The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them.  2006, c. 11, Sched. A, s. 117 (1). General or specific (2) The minimum standards may be general or specific in their application.  2006, c. 11, Sched. A, s. 117 (2). Adoption by reference (3) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers desirable, any code, standard or guideline, as it reads at the time the regulation is made or as it is amended from time to time, whether before or after the regulation is made.  2006, c. 11, Sched. A, s. 117 (3).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re administrative penalties, parking by-laws
118 (1) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of section 81, including, (a) granting the City powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties; (b) imposing conditions and limitations on the City’s powers with respect to administrative penalties; (c) providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to the City.  2006, c. 11, Sched. A, s. 118 (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. 118 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re business licences
119 (1) The Minister of Municipal Affairs and Housing may make regulations, (a) exempting any business or class of business from all or any part of a by-law providing for a system of licences with respect to a business under any Act, including self-regulated businesses; (b) imposing conditions and limitations on the powers of the City under this Act to provide for a system of licences with respect to a business; (c) prohibiting the City from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject matter of the certification.  2006, c. 11, Sched. A, s. 119 (1). Scope (2) A regulation under this section may, (a) be retroactive for a period not exceeding one year; (b) require the City to return licence fees collected during that period; (c) require the City to use the licence fees in the prescribed manner.  2006, c. 11, Sched. A, s. 119 (2). Definition (3) In this section, “business” means business as defined in section 85.  2006, c. 32, Sched. B, s. 30. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 30 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Same
122.1 The Minister of Municipal Affairs and Housing may make regulations prescribing limitations for the purposes of subsection 113 (2.1).  2006, c. 32, Sched. B, s. 31. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 31 - 1/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re s. 114
122.2 The Minister of Municipal Affairs and Housing may make regulations prescribing anything that is referred to in section 114 as being prescribed. 2023, c. 10, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 1, s. 2 - 14/04/2022 2023, c. 10, Sched. 2, s. 3 - 08/06/2023
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Regulations re appeal body for local land use planning matters
123 The Minister of Municipal Affairs and Housing may make regulations, (a) prescribing a term for the purpose of clause 115 (2) (a) and qualifications for the purpose of clause 115 (2) (b); (b) prescribing eligibility criteria for the purpose of subsection 115 (3); (c) prescribing classes for the purpose of clause 115 (4) (c); (d) prescribing requirements for the purpose of subsection 115 (7); (e) respecting appeals that are affected by orders made under subsections 115 (16), (18), (19) and (21).  2006, c. 11, Sched. A, s. 123. part iv   the city and its Governance Interpretation
PART IV THE CITY AND ITS GOVERNANCE
Definitions
124 In this Part, “proposal for minor restructuring” means a proposal that provides for one or more restructurings which the Minister of Municipal Affairs and Housing, after reviewing the proposal, is of the opinion is of a minor nature; (“proposition de restructuration mineure”) “restructuring” means annexing part of the City to another local municipality or annexing part of another local municipality to the City and making any changes to the boundaries of upper-tier municipalities necessary to reflect the annexation. (“restructuration”)  2006, c. 11, Sched. A, s. 124. The City
PART IV THE CITY AND ITS GOVERNANCE
City continued
125 (1) The City of Toronto is hereby continued as a body corporate that is composed of the inhabitants of its geographic area. 2006, c. 11, Sched. A, s. 125 (1). Transition (2) Without limiting subsection (1), the name and boundaries of the City on the day on which the City is continued are the same as they were immediately before the City was continued. 2006, c. 11, Sched. A, s. 125 (2). Status (3) The City is a municipality and has the status of a single-tier municipality for all purposes. 2006, c. 11, Sched. A, s. 125 (3). Non-application of Acts (4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act
do not apply to the City. 2017, c. 20, Sched. 8, s. 73 (1). Local boards and Not-for-Profit Corporations Act, 2010 (5) Except as prescribed, the Not-for-Profit Corporations Act, 2010 does not apply to a local board that is a body corporate. 2017, c. 20, Sched. 8, s. 73 (1). Regulations (6) The Lieutenant Governor in Council may, by regulation, prescribe for the purposes of subsection (5), (a) a local board; (b) the provisions of the Not-for-Profit Corporations Act, 2010 that are to apply to the local board; and (c) any modifications subject to which those provisions are to apply to the local board. 2017, c. 20, Sched. 8, s. 73 (1). Definition (7) In this section, “local board” means a local board other than, (a) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, (b) a board of management under the Fixing Long-Term Care Act, 2021, (c) a body corporate established under the Planning Act, or (d) a city board established under this Act. 2017, c. 20, Sched. 8, s. 73 (1); 2021, c. 39, Sched. 2, s. 3 (2). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 73 (1) - 19/10/2021 2021, c. 39, Sched. 2, s. 3 (2) - 11/04/2022