PART XVIII.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
When electors’ assent may be dispensed with
432.0.11 (1) This section applies if, under any Act, the assent of the electors of the City or of those qualified to vote on money by-laws is required before the City may exercise a power, incur a debt, issue a debenture or pass a by-law. 2021, c. 4, Sched. 6, s. 37 (7). Same (2) The Ontario Land Tribunal shall not approve the exercise of the power, incurring of the debt, issue of the debentures or the by-law until the assent has been obtained, unless the Tribunal, after due inquiry, is satisfied that the assent may under all the circumstances properly be dispensed with. 2021, c. 4, Sched. 6, s. 37 (7). Same (3) If the Tribunal is satisfied for the purposes of subsection (2), it may by order declare and direct that the assent of the electors or the qualified electors shall not be required to be obtained despite the provisions of the Act. 2021, c. 4, Sched. 6, s. 37 (7). Hearing (4) Before making any order under subsection (3) and subject to subsections (5), (6) and (7), the Tribunal shall hold a hearing for the purpose of inquiring into the merits of the matter and hearing any objections that any person may desire to bring to the attention of the Tribunal. 2021, c. 4, Sched. 6, s. 37 (7). Notice to provide for filing of objections (5) The Tribunal shall provide notice of the hearing as the Tribunal considers appropriate and may direct that the notice include a statement that anyone objecting to dispensing with the assent of the electors may, within the time specified by the Tribunal, file with the city clerk or, in the case of a local board, with the secretary of the local board, the objection to dispensing with the assent of the electors. 2021, c. 4, Sched. 6, s. 37 (7). Where no objections (6) Where notice has been given under subsection (5), the Tribunal may, when no notice of objection has been filed within the time specified in the notice, dispense with the assent of the electors without holding a hearing. 2021, c. 4, Sched. 6, s. 37 (7). Where objections filed (7) If one or more objections have been filed within the time specified in the notice, the Tribunal shall hold a hearing unless, under all the circumstances affecting the matter, the Tribunal considers the objection or, if more than one, all the objections to be insufficient to require a hearing. 2021, c. 4, Sched. 6, s. 37 (7). Hearing not required where additional expenditure approved (8) Despite subsection (4), where the Tribunal has approved an expenditure for any purpose, it may, without holding a hearing, dispense with the assent of the electors of the City or of those qualified to vote on money by-laws and approve additional expenditures for the same purpose not in excess of 25 per cent of the original expenditure approved. 2021, c. 4, Sched. 6, s. 37 (7). Conditions in dispensing with vote (9) The Tribunal, in making any order under subsection (3) dispensing with the necessity for obtaining the assent of the electors or qualified electors, may impose such terms, conditions and restrictions not only in respect of the matter in which such order is made, but as to any further or subsequent exercise of any of the powers of the City or incurring of any other debt or issue of any other debentures or passing of any other by-law by the City 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