hordruma/ontario_laws_and_regs huggingface dataset:
PART XVI LIABILITY OF THE CITY
Immunity re highways and bridges
392 (1) No proceeding shall be commenced against a member of city council or an officer or employee of the City for damages based on the default of the City in keeping a highway or bridge in a state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge.  2006, c. 11, Sched. A, s. 392 (1). Exception, contractors (2) Subsection (1) does not apply to a contractor with the City, including any officer or employee of the City who is acting as a contractor, whose act or omission caused the damages.  2006, c. 11, Sched. A, s. 392 (2).
PART XVI LIABILITY OF THE CITY
Exemption from liability, calming measures
392.1 (1) Despite any Act, if a by-law of the City described in subsection (2) is in effect, no liability attaches to the City by reason of the passing of the by-law or anything done in accordance with it.  2006, c. 32, Sched. B, s. 80. Calming measures by-law (2) A by-law for the purpose of subsection (1) is a by-law that, (a) designates a highway or portion of a highway under the jurisdiction of the City as a speed control zone; (b) authorizes the installation of devices in any part of the highway in a speed control zone so as to alter the surface of the highway; (c) permits or requires that signs identifying a speed control zone be posted; and (d) contains a description of the devices that are authorized for installation, the signs permitted or required to be posted and the placement of signs identifying a speed control zone.  2006, c. 32, Sched. B, s. 80. No exemption from negligence (3) Despite subsection (1), nothing in this section relieves the City from liability for negligence.  2006, c. 32, Sched. B, s. 80. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 80 - 01/01/2007
PART XVI LIABILITY OF THE CITY
Liability in nuisance re water and sewage
393 (1) No proceeding based on nuisance, in connection with the escape of water or sewage from sewage works or water works shall be commenced against, (a) the City or a local board of the City; (b) a member of city council or a member of a local board of the City; or (c) an officer, employee or agent of the City or an officer, employee or agent of a local board of the City.  2006, c. 11, Sched. A, s. 393 (1). Definitions (2) In this section, “sewage works” means all or any part of facilities for the collection, storage, transmission, treatment or disposal of sewage, including a sewage system to which the Building Code Act, 1992 applies; (“station d’épuration des eaux d’égout”) “water works” means facilities for the collection, production, treatment, storage, supply or distribution of water, or any part of the facilities. (“station de purification de l’eau”)  2006, c. 11, Sched. A, s. 393 (2). Rights preserved (3) Subsection (1) does not exempt the City or a local board from liability arising from a cause of action that is created by a statute or from an obligation to pay compensation that is created by a statute.  2006, c. 11, Sched. A, s. 393 (3). Transition (4) Subsection (1) does not apply if the cause of action arose before December 19, 1996.  2006, c. 11, Sched. A, s. 393 (4). part xvii   other city bodies Toronto Transit Commission
PART XVII OTHER CITY BODIES
TTC continued
394 (1) The Toronto Transit Commission is continued as a city board.  2006, c. 11, Sched. A, s. 394 (1). Status as street railway company (2) The TTC is deemed to be a street railway company for the purposes of The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950.  2006, c. 11, Sched. A, s. 394 (2).
PART XVII OTHER CITY BODIES
Exclusive authority of TTC
395 (1) No person other than the TTC shall establish, operate or maintain a local passenger transportation system within the City until the TTC is dissolved or the control and management over the local passenger transportation system is removed from the TTC.  2006, c. 11, Sched. A, s. 395 (1). Offence (2) A person who contravenes subsection (1) is guilty of an offence.  2006, c. 11, Sched. A, s. 395 (2). Exceptions (3) Subsection (1) does not apply in respect of, (a) rickshaws; (b) pedicabs; (c) railway companies incorporated under federal or provincial statutes; (d) taxicabs; (e) vehicles used for providing sightseeing tours; (f) vehicles exclusively chartered to transport a group of persons for a specified trip within the City, for a group fee; (g) buses owned and operated by or operated under a contract with a school board or private school; (h) buses owned and operated by a corporation or organization solely for its own purposes, without charging a fee for transportation; (i) ferries to the Toronto Islands; (j) public buses on the Toronto Islands. (k)  Repealed:  2011, c. 9, Sched. 41, s. 2. 2006, c. 11, Sched. A, s. 395 (3); 2011, c. 9, Sched. 41, s. 2. Agreements (4) Despite subsection (1), if a person legally operated a local public passenger transportation service wholly inside or partly inside and partly outside the City on January 1, 1954, the TTC may enter into an agreement with the person authorizing the person to continue to operate all or part of the service for the period and on the conditions specified in the agreement.  2006, c. 11, Sched. A, s. 395 (4). Agreements with municipality or local board (5) Despite subsection (1), the TTC may enter into an agreement with a municipality or local board authorizing the municipality or local board to operate, maintain or both operate and maintain, within the City, part of the municipality’s or local board’s local passenger transportation system on the conditions specified in the agreement. 2023, c. 17, Sched. 1, s. 1 (1). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 41, s. 2 - 12/05/2011 2022, c. 17, Sched. 1, s. 1 - no effect - see 2023, c. 17, Sched. 1, s. 2 - 04/12/2023 2023, c. 17, Sched. 1, s. 1 (1) - 04/12/2023
PART XVII OTHER CITY BODIES
Powers of the TTC
396 (1) Despite this Act, the TTC may acquire and use any real and personal property for its purposes provided the TTC shall not acquire property without the consent of the City if the property is to be paid for with money raised by issuing debentures of the City.  2006, c. 11, Sched. A, s. 396 (1). Consulting services (2) The TTC may provide consulting services in transit-related matters within or outside the City, directly or through a subsidiary.  However, the TTC may not invest more than $100,000 in the subsidiary’s capital stock without the consent of the City.  2006, c. 11, Sched. A, s. 396 (2). Fees and charges (3) Despite section 263, the fees and charges imposed by the TTC do not require the approval of the City.  2006, c. 11, Sched. A, s. 396 (3).
PART XVII OTHER CITY BODIES
Agreements re local passenger transportation services
397 (1) The TTC may enter into an agreement with a municipality situated within 40 kilometres of the City providing that, (a) the TTC will operate a local passenger transportation service in accordance with the agreement. (b), (c)  Repealed: 2015, c. 27, Sched. 5, s. 3 (2). 2006, c. 11, Sched. A, s. 397 (1); 2015, c. 27, Sched. 5, s. 3 (2). By-laws, surplus and deficit (2) A municipality that enters into an agreement described in subsection (1) may pass by-laws providing that, (a) any deficit charged to the municipality is payable out of the general funds of the municipality, and any surplus shall be credited to the general funds; or (b) with the approval of the Ontario Land Tribunal, any deficit shall be assessed against the rateable property in an area or areas of the municipality defined in the by-law, and any surplus shall be credited to that rateable property. 2006, c. 11, Sched. A, s. 397 (2); 2017, c. 23, Sched. 5, s. 18; 2021, c. 4, Sched. 6, s. 37 (1). Agreement with person other than municipality (3) The TTC may enter into an agreement with a person other than a municipality providing that, (a) the TTC will operate a local passenger transportation system in accordance with the agreement; and (b) the person will pay any operating deficit. 2006, c. 11, Sched. A, s. 397 (3). Section Amendments with date in force (d/m/y) 2015, c. 27, Sched. 5, s. 3 (2) - 03/12/2015 2017, c. 23, Sched. 5, s. 18 - 03/04/2018 2021, c. 4, Sched. 6, s. 37 (1) - 01/06/2021
PART XVII OTHER CITY BODIES
Claims against TTC
398 (1) Any claims arising from or relating to the construction, maintenance, operation, extension, alteration, repair, control and management of the TTC’s transportation system and property, or arising from the exercise of any of the TTC’s powers, shall be made against the TTC and not against the City.  2006, c. 11, Sched. A, s. 398 (1). Capacity to sue and be sued (2) The TTC may sue and be sued in its own name.  2006, c. 11, Sched. A, s. 398 (2).
PART XVII OTHER CITY BODIES
Property tax exemption, passenger transportation system
399 (1) So long as any lands and easements owned by the City or by the TTC are used by the TTC in connection with a passenger transportation system, including lands and easements used for car yards, shops, administration or communications in connection with the system, those lands and easements and any buildings and structures on them are exempt from real property taxation, and the TTC is not liable for payments under section 27 of the Assessment Act.  2009, c. 33, Sched. 21, s. 4 (30). Concessions (2) Subsection (1) does not apply to concessions operated, rented or leased in passenger transportation stations.  2006, c. 11, Sched. A, s. 399 (2). Deemed exemption (3) The exemption provided by subsection (1) is deemed to be an exemption from taxation provided by section 3 of the Assessment Act.  2006, c. 11, Sched. A, s. 399 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (30) - 25/01/2010
PART XVII OTHER CITY BODIES
TTC Pension Fund Society
400 (1) The Toronto Transit Commission Pension Fund Society is continued.  2006, c. 11, Sched. A, s. 400 (1). Role of TTC (2) The TTC continues to stand in the place of The Toronto Transportation Commission in relation to the Toronto Transit Commission Pension Fund Society.  2006, c. 11, Sched. A, s. 400 (2).
PART XVII OTHER CITY BODIES
Sick benefit plan
401 (1) This section applies with respect to the power of the TTC to provide for weekly sick-pay, special service and medical and surgical benefits for its employees, or any class of them, and their spouses and dependent children and for its retired employees.  2006, c. 11, Sched. A, s. 401 (1). Same (2) The TTC may provide for paying all or part of the cost of those benefits by contract with an insurer licensed under the Insurance Act, an association registered under the Prepaid Hospital and Medical Services Act or the Toronto Transit Commission Sick Benefit Association established under the Co-operative Corporations Act.  2006, c. 11, Sched. A, s. 401 (2). Contributions (3) The TTC shall make contributions only in respect of, (a) regular employees who have been employed by the TTC for at least 60 days, and their spouses and dependent children; and (b) retired employees who reside in Ontario and elect to continue the benefits.  2006, c. 11, Sched. A, s. 401 (3). Temporary and seasonal employees excluded (4) The TTC shall not make contributions in respect of temporary or seasonal employees.  2006, c. 11, Sched. A, s. 401 (4). Certain dependants excluded (5) Except as provided in subsection (6), the TTC shall not make contributions in respect of dependants of regular employees other than spouses and dependent children, or in respect of dependants of retired employees.  2006, c. 11, Sched. A, s. 401 (5). Election, benefits for certain dependants (6) Special service and medical and surgical benefits may be provided for dependants of regular employees, other than spouses and dependent children, and for dependants of retired employees, if the employees or retired employees so elect and pay the cost of the benefits.  2006, c. 11, Sched. A, s. 401 (6). Restriction, sick-pay benefits (7) Sick-pay benefits shall be provided only for active regular employees.  2006, c. 11, Sched. A, s. 401 (7). Election, increased sick-pay (8) Increased weekly sick-pay may be provided for employees who so elect and pay the cost of the increase.  2006, c. 11, Sched. A, s. 401 (8). Administration costs (9) The TTC may assume the cost of administration of the benefits provided under this section.  2006, c. 11, Sched. A, s. 401 (9). Benefits validated (10) The sick-pay, special service and medical and surgical benefits provided before January 1, 1961, and the contributions made in relation to those benefits by The Toronto Transportation Commission, the Toronto Transit Commission, the Toronto Transportation Commission Sick Benefit Association and the Toronto Transit Commission Sick Benefit Association are hereby confirmed to be legal and valid.  2006, c. 11, Sched. A, s. 401 (10). Toronto Police Services Board Note: On a day to be named by proclamation of the Lieutenant Governor, the heading before section 402 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 10 (24)) Toronto Police Service Board
PART XVII OTHER CITY BODIES
Board continued
402 (1) The Toronto Police Services Board is continued.  2006, c. 11, Sched. A, s. 402 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 402 (1) of the Act is amended by adding “as the Toronto Police Service Board on the day Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force” at the end. (See: 2019, c. 1, Sched. 4, s. 10 (25)) Composition of Board (2) The City is deemed to have applied to the Lieutenant Governor in Council for an increase in the size of the Board under subsection 27 (9) of the Police Services Act and the Lieutenant Governor in Council is deemed to have approved the application.  2006, c. 11, Sched. A, s. 402 (2). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (25) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (25) - not in force
PART XVII OTHER CITY BODIES
Additional policing services
403 In addition to performing the policing services prescribed in the Police Services Act, the Toronto police force may, Note: On a day to be named by proclamation of the Lieutenant Governor, section 403 of the Act is amended by striking out “policing services prescribed in the Police Services Act, the Toronto police force” in the portion before clause (a) and substituting “policing required by the Community Safety and Policing Act, 2019, the Toronto Police Service”. (See: 2019, c. 1, Sched. 4, s. 10 (26)) (a) maintain a safety and lifesaving patrol of the waters of Lake Ontario within the limits of the City; (b) provide lifeguard service on the beaches in the City; and (c) provide The Toronto Harbour Commissioners with the security and port policing for the Port of Toronto that they may require from time to time.  2006, c. 11, Sched. A, s. 403. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (26) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (26) - not in force
PART XVII OTHER CITY BODIES
Indemnifying members of police force
404 If the subject matter of an inquiry held by a commission under the Public Inquiries Act, 2009
includes the conduct of a member of the Toronto police force in the performance or purported performance of his or her duties, the City may, to the extent it thinks fit, pay the legal costs incurred by the member in respect of the inquiry.  2006, c. 11, Sched. A, s. 404; 2009, c. 33, Sched. 6, s. 46 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, section 404 of the Act is amended by striking out “Toronto police force” and substituting “Toronto Police Service”. (See: 2019, c. 1, Sched. 4, s. 10 (27)) Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 46 (7) - 01/06/2011 2018, c. 3, Sched. 5, s. 11 (27) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (27) - not in force Board of Health
PART XVII OTHER CITY BODIES
Board of Health continued
405 (1) The Board of Health for the City of Toronto Health Unit is continued as a board of health for the City and is deemed to be a board of health established under the Health Protection and Promotion Act.  2006, c. 11, Sched. A, s. 405 (1). Size (2) The City shall, by by-law, establish the Board’s size in accordance with subsection 49 (2) of the Health Protection and Promotion Act.  2006, c. 11, Sched. A, s. 405 (2). Appointment (3) Despite subsections 49 (1) and (3) of the
Health Protection and Promotion Act, all the members of the Board shall be appointed by the City.  2006, c. 11, Sched. A, s. 405 (3). Area of jurisdiction (4) The Board’s area of jurisdiction is the City.  2006, c. 11, Sched. A, s. 405 (4). Functions of city council (5) Despite the Health Protection and Promotion Act, the City has the following functions with respect to the Board: 1. The functions that the Board would otherwise have in respect of the appointment, reappointment and dismissal of its medical officer of health and associate medical officers of health. 2. The duty of providing to the Board the city employees, including public health nurses, that the City considers necessary to carry out the Board’s functions, including its duties in respect of mandatory health programs and services. 3. The duty of appointing the Board’s auditor.  2006, c. 11, Sched. A, s. 405 (5). Exhibition Place
PART XVII OTHER CITY BODIES
Powers, duties re Exhibition Place
406 (1) In this section and in section 407, “Exhibition Place” means the land known as Exhibition Park and adjacent land to the south created by fill, which was vested in the City on January 1, 1998 by the City of Toronto Act, 1997, except for any interest of the Crown in right of Ontario.  2006, c. 11, Sched. A, s. 406 (1). Use of Exhibition Place (2) Exhibition Place shall be used, (a) for parks and exhibition purposes; (b) for the purposes of trade centres and trade and agricultural fairs such as, but not limited to, the annual Canadian National Exhibition and Royal Agricultural Winter Fair; (c) for displays, agricultural activities, sporting events, athletic contests, public entertainments and meetings; (d) for highway, electrical transmission or public utility purposes; (e) for any other purpose that the City may approve.  2006, c. 11, Sched. A, s. 406 (2). Canadian National Exhibition (3) An exhibition shall be held annually at Exhibition Place.  2006, c. 11, Sched. A, s. 406 (3). (4) Repealed: 2017, c. 10, Sched. 2, s. 65. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 65 - 30/05/2017
PART XVII OTHER CITY BODIES
Board continued
407 (1) The Board of Governors of Exhibition Place is continued as a city board and its purposes are the operation, management and maintenance of Exhibition Place.  2006, c. 11, Sched. A, s. 407 (1). Status under Agricultural and Horticultural Organizations Act (2) For the purposes of the Agricultural and Horticultural Organizations Act, the Board of Governors is deemed to be an organization.  2006, c. 11, Sched. A, s. 407 (2). Municipal Conflict of Interest Act (3) For the purposes of the Municipal Conflict of Interest Act, a member of the Board of Governors who is also a member or officer of the Canadian National Exhibition Association does not, for that sole reason, have a pecuniary interest in respect of a contract, proposed contract or other matter between the Board and the Association.  2006, c. 11, Sched. A, s. 407 (3).
PART XVII OTHER CITY BODIES
Former employees of Association or Exhibition Stadium Corporation
408 (1) Every person employed by the Canadian National Exhibition Association or the Exhibition Stadium Corporation who accepted employment with The Board of Governors of Exhibition Place under subsection 232 (1) of the Municipality of Metropolitan Toronto Act, being chapter M.62 of the Revised Statutes of Ontario, 1990, as that Act read before its repeal, (a) continues as, or is deemed to have become a member of, the Ontario Municipal Employees Retirement System, as the case requires, on his or her transfer date; and (b) with respect to pension benefits accrued before the coming into force of an agreement under subsections 229 (11) and (12) of that Act, is deemed, during the course of his or her employment by the Association or the Corporation, to have been employed by the Board of Governors.  2006, c. 11, Sched. A, s. 408 (1). Participation in OMERS (2) The Board of Governors is deemed to have elected to participate in the Ontario Municipal Employees Retirement System on October 4, 1982.  2006, c. 11, Sched. A, s. 408 (2). Sick leave (3) Any sick leave credits of an employee referred to in subsection (1) standing on the day an agreement is entered into under subsections 229 (11) and (12) of the Municipality of Metropolitan Toronto Act shall be placed to the employee’s credit in any sick leave credit plan established by the Board of Governors.  2006, c. 11, Sched. A, s. 408 (3). Toronto Zoo
PART XVII OTHER CITY BODIES
Board continued
409 (1) The Board of Management of the Toronto Zoo is continued as a city board and its purposes are the operation, management and maintenance of the Toronto Zoo.  2006, c. 11, Sched. A, s. 409 (1). (2) Repealed:  2009, c. 33, Sched. 21, s. 4 (31). Taxation (3) The occupation, management and control of the Toronto Zoo by the Board of Management, for the purposes of subsections 451 (2), (3) and (4) of this Act and paragraph 9 of subsection 3 (1) of the Assessment Act, are deemed to be occupation, management and control by the City.  2006, c. 11, Sched. A, s. 409 (3). Municipal Conflict of Interest Act (4) For the purposes of the Municipal Conflict of Interest Act, a member of the Board of Management who is also a member or officer of the Metropolitan Toronto Zoological Society does not, for that sole reason, have a pecuniary interest in respect of a contract, proposed contract or other matter between the Board of Management and the Society.  2006, c. 11, Sched. A, s. 409 (4). Definition (5) In this section, “Toronto Zoo” means the zoological garden and related facilities of the City.  2006, c. 11, Sched. A, s. 409 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (31) - 25/01/2010
PART XVII OTHER CITY BODIES
Former employees of Society
410 (1) For the purposes of pension benefits, every person employed by the Metropolitan Toronto Zoological Society who accepted employment with the Board of Management of the Toronto Zoo under subsection 236 (1) of the Municipality of Metropolitan Toronto Act, being chapter M.62 of the Revised Statutes of Ontario, 1990, as that Act read before its repeal, is deemed, during the course of his or her employment by the Society, to have been employed by the Board of Management.  2006, c. 11, Sched. A, s. 410 (1). Sick leave (2) Any sick leave credits of an employee referred to in subsection (1) standing on December 31, 1977 shall be placed to the employee’s credit in any sick leave credit plan established by the Board of Management.  2006, c. 11, Sched. A, s. 410 (2). Hummingbird Centre