hordruma/ontario_laws_and_regs huggingface dataset:
PART V OBJECTS, POWERS AND DUTIES
Review of apportionment of capital costs
26 (1) Any participating municipality that receives a notice of apportionment under section 25 may, within 30 days after receiving the notice of apportionment, apply to the Ontario Land Tribunal, or to such other body as may be prescribed by regulation, for a review of the apportionment among the participating municipalities of the capital costs for the relevant project. 2017, c. 23, Sched. 4, s. 23; 2017, c. 23, Sched. 5, s. 22; 2021, c. 4, Sched. 6, s. 39 (5). Same (2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority. 2017, c. 23, Sched. 4, s. 23. Hearing (3) The Ontario Land Tribunal, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of capital costs among the participating municipalities, including considering whether the apportionment complies with section 25 and the regulations and whether the portion apportioned to the municipality is otherwise appropriate. 2017, c. 23, Sched. 4, s. 23; 2017, c. 23, Sched. 5, s. 22; 2021, c. 4, Sched. 6, s. 39 (5). Parties (4) The parties to the hearing are the applicant municipality, the authority, any other participating municipality of the authority that requests to be a party, and such other persons as the Ontario Land Tribunal, or such other body as may be prescribed by regulation, may determine. 2017, c. 23, Sched. 4, s. 23; 2017, c. 23, Sched. 5, s. 22; 2021, c. 4, Sched. 6, s. 39 (5). Requirement to pay costs stayed (5) A participating municipality that makes an application under this section is not required to pay the portion of the capital costs that was apportioned to the municipality under the notice of apportionment until the determination of the application. 2017, c. 23, Sched. 4, s. 23. Delay of notice (6) A participating municipality that makes an application under this section is not required to give notice under subsection 25 (5) until 30 days after the final determination of the application. 2017, c. 23, Sched. 4, s. 23. Powers on hearing (7) Upon hearing an application under this section, the Ontario Land Tribunal, or such other body as may be prescribed by regulation, may confirm or vary the apportionment of the capital costs by the authority among the participating municipalities. 2017, c. 23, Sched. 4, s. 23; 2017, c. 23, Sched. 5, s. 22; 2021, c. 4, Sched. 6, s. 39 (5). Decision final (8) A decision under subsection (7) is final. 2017, c. 23, Sched. 4, s. 23. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 127 - 09/12/1994; 1996, c. 32, s. 66 (3) - 01/01/1993 2017, c. 23, Sched. 4, s. 23 - 01/07/2023; 2017, c. 23, Sched. 5, s. 22 - 03/04/2018 2021, c. 4, Sched. 6, s. 39 (5) - 01/07/2023
PART V OBJECTS, POWERS AND DUTIES
Recovery of operating expenses
27 (1) Every year an authority shall determine its operating expenses for the subsequent year and apportion those expenses to the participating municipalities in accordance with the regulations. 2017, c. 23, Sched. 4, s. 24 (1). Limitation (1.1) Subject to subsections (1.2) and (1.3), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any operating expenses related to a program or service authorized to be provided under subsection 21.1.2 (1). 2019, c. 9, Sched. 2, s. 7 (1). Same (1.2) An authority shall include in the apportionment of operating expenses to a participating municipality any operating expenses related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsection 21.1.2 (2). 2019, c. 9, Sched. 2, s. 7 (1). Extension of time (1.3) If the circumstances prescribed by the regulations apply in respect of an authority, a person designated by the Minister may, by written notice to the authority, specify that a later day than the day prescribed by the regulations under subsection (1.1) applies to the authority and if such a notice is issued, the prohibition set out in subsection (1.1) applies to the authority on and after the day set out in the notice. 2019, c. 9, Sched. 2, s. 7 (1). Fixed portion for some municipalities (2) Despite subsections (1) and (1.1) and subject to the regulations, an authority may establish a fixed minimal amount as the portion of the authority’s operating expenses that a participating municipality is required to pay each year, and may apportion that amount to the municipality instead of the portion determined under subsections (1) and (1.1) in any year in which the fixed minimal amount exceeds the portion determined under subsections (1) and (1.1). 2017, c. 23, Sched. 4, s. 24 (1); 2019, c. 9, Sched. 2, s. 7 (2). Notice of apportionment (3) An authority shall send a notice of apportionment in writing to each participating municipality setting out the amount of the operating expenses that has been apportioned to the participating municipality. 2017, c. 23, Sched. 4, s. 24 (1). Payment of apportioned amount (4) Each participating municipality shall pay to the authority the portion of the operating expenses that is specified in the notice of apportionment in accordance with the requirements set out in the notice and with this section. 2017, c. 23, Sched. 4, s. 24 (1). Debt due (5) The amount of the portion of the operating expenses specified in a notice of apportionment sent to a participating municipality is a debt due by the participating municipality to the authority and may be enforced by the authority as such. 2017, c. 23, Sched. 4, s. 24 (1). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 1, Sched. M, s. 47 (1-4) - 30/01/1996; 1997, c. 29, s. 54 (1, 2) - 01/01/1998 2017, c. 8, Sched. 17, s. 5 (1, 2) - 01/04/2018; 2017, c. 23, Sched. 4, s. 24 (1) - 01/07/2023 2019, c. 9, Sched. 2, s. 7 (1, 2) - 01/07/2023 2021, c. 4, Sched. 6, s. 39 (6) - 01/06/2021
PART V OBJECTS, POWERS AND DUTIES
Review of apportionment of operating expenses
27.1 (1) Any participating municipality that receives a notice of apportionment under section 27 may, within 30 days of receiving the notice, apply to the Ontario Land Tribunal, or to such other body as may be prescribed by regulation, for a review of the apportionment of the operating expenses. 2017, c. 23, Sched. 4, s. 24 (1); 2021, c. 4, Sched. 6, s. 39 (7). Same (2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority. 2017, c. 23, Sched. 4, s. 24 (1). Hearing (3) The Ontario Land Tribunal, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of the operating expenses, including considering whether the apportionment complies with section 27 and the regulations and whether the portion apportioned to the municipality is otherwise appropriate. 2017, c. 23, Sched. 4, s. 24 (1); 2021, c. 4, Sched. 6, s. 39 (7). Parties (4) The parties to the hearing are the applicant municipality, the authority, any other participating municipality of the authority that requests to be a party and such other persons as the Ontario Land Tribunal, or such other body as may be prescribed by regulation, may determine. 2017, c. 23, Sched. 4, s. 24 (1); 2021, c. 4, Sched. 6, s. 39 (7). No stay (5) The appellant municipality shall comply with the notice of apportionment pending the determination of the application. 2017, c. 23, Sched. 4, s. 24 (1). Powers on hearing (6) Upon hearing an application under this section, the Ontario Land Tribunal, or such other body as may be prescribed by regulation, may confirm or vary the apportionment of the operating expenses by the authority among the participating municipalities and may order participating municipalities to pay such portion of the operating expenses as it determines. 2017, c. 23, Sched. 4, s. 24 (1); 2021, c. 4, Sched. 6, s. 39 (7). Decision final (7) A decision under subsection (6) is final. 2017, c. 23, Sched. 4, s. 24 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 24 (1) - 01/07/2023; 2017, c. 23, Sched. 4, s. 24 (2) - no effect - see 2020, c. 36, Sched. 6, s. 27 - 08/12/2020 2020, c. 36, Sched. 6, s. 13 - no effect - see 2021, c. 4, Sched. 6, s. 81 (1) - 01/06/2021 2021, c. 4, Sched. 6, s. 39 (7) - 01/06/2021; 2021, c. 4, Sched. 6, s. 39 (8) - no effect - see 2021, c. 4, Sched. 6, s. 81 (1) - 01/06/2021 Other amounts owing to authority
PART VIII MATTERS RELATING TO LAND AND WATER USE
Crown land affected
32 (1) Where any land required for the carrying out of a project or a part thereof is Crown land, a plan and description of the land prepared and signed by an Ontario land surveyor and signed by the chair or vice-chair of the authority shall be deposited with the Minister, and the project or the part thereof shall not be proceeded with until the authority has received the approval in writing of the Minister.  R.S.O. 1990, c. C.27, s. 32 (1). Interference with public work (2) Where a project or a part thereof may interfere with a public work of Ontario, the authority shall file with the Minister of Infrastructure a plan and description of the project or a part thereof together with a statement of the interference with the public work that may occur and a statement of the manner in which the authority proposes to remedy the interference, and the project or the part thereof shall not be proceeded with until the authority has received the approval in writing of the Minister of Infrastructure.  R.S.O. 1990, c. C.27, s. 32 (2); 1998, c. 15, Sched. E, s. 3 (3); 2011, c. 9, Sched. 27, s. 22. Interference with highway (3) Where a project or a part thereof will interfere with a public road or highway, the authority shall file with the Minister of Transportation a plan and description of the project or a part thereof together with a statement of the interference with the public road or highway that will occur and a statement of the manner in which the authority proposes to remedy the interference, and the project or the part thereof shall not be proceeded with until the authority has received the approval in writing of the Minister of Transportation.  R.S.O. 1990, c. C.27, s. 32 (3). Costs, how to be borne (4) The cost of rebuilding any road, highway, bridge, public work or any part thereof and the cost of any other work that any of the Ministers of the Crown may require to be done under this section shall be borne by the authority, except where an agreement providing for payment thereof in some other manner has been entered into with the Crown in right of Ontario.  R.S.O. 1990, c. C.27, s. 32 (4); 1998, c. 15, Sched. E, s. 3 (4). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 3 (3, 4) - 01/04/1999 2011, c. 9, Sched. 27, s. 22 - 06/06/2011
PART VIII MATTERS RELATING TO LAND AND WATER USE
Assessment of lands of authority
33 (1) Land vested in an authority, except works erected by an authority for the purposes of a project, is taxable for municipal purposes by levy under section 312 of the Municipal Act, 2001 or section 277 of the City of Toronto Act, 2006, as the case may be, upon the assessment and classification of such land determined in each year by the Municipal Property Assessment Corporation and the land shall be assessed under the Assessment Act
as if the works erected by the authority on the land had not been erected.  1997, c. 5, s. 64 (1); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s. 203; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 8. Assessment of rented property (2) Despite subsection (1), section 18 of the
Assessment Act applies with necessary modifications in respect of lands vested in an authority.  R.S.O. 1990, c. C.27, s. 33 (2). Notice (3) The Municipal Property Assessment Corporation shall deliver or mail to each authority concerned and to the clerk of each municipality in which any of the land is situated a notice setting out the assessment and the classification of the land in the municipality.  1997, c. 5, s. 64 (2); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s. 203. Reconsideration under Assessment Act (4) The authority may request a reconsideration under section 39.1 of the Assessment Act.  1997, c. 5, s. 64 (3). Appeal to the Assessment Review Board (5) The authority or the municipality may appeal to the Assessment Review Board under section 40 of the Assessment Act and the last day for appealing is the day that is 90 days after the authority or the clerk of the municipality, as applicable, is notified.  2008, c. 7, Sched. A, s. 19. Assessment Act to apply (6) The Assessment Act
applies, with necessary modifications, with respect to a request for a reconsideration or an appeal.  2008, c. 7, Sched. A, s. 19. (7) Repealed:  1997, c. 5, s. 64 (3). Assessment for next year’s taxation (8) The assessment of land under subsection (1) shall be determined by the Municipal Property Assessment Corporation in each year for the purpose of taxation in the following year.  R.S.O. 1990, c. C.27, s. 33 (8); 1997, c. 5, s. 64 (4); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s. 203. Section Amendments with date in force (d/m/y) 1997, c. 5, s. 64 (1-4) - 01/01/1998; 1997, c. 43, Sched. G, s. 19 - 31/12/1998; 1998, c. 3, s. 33 - 11/06/1998 2001, c. 8, s. 203
- 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 8 - 01/01/2007 2008, c. 7, Sched. A, s. 19 - 14/05/2008
PART VIII MATTERS RELATING TO LAND AND WATER USE
Cemetery lands
34 (1) Where the carrying out of a project will require the use of a cemetery or other place of interment of human remains, the authority shall acquire other suitable lands for the interment of the bodies contained in the cemetery or other place of interment.  R.S.O. 1990, c. C.27, s. 34 (1). Notice to plot owners (2) The authority shall forward a notice to the owner of each lot in the cemetery or other place of interment, but, if the owner or the owner’s whereabouts is unknown, the notice shall, wherever possible, be forwarded to some other person having an interest in the plot through relationship or otherwise to a deceased person buried therein.  R.S.O. 1990, c. C.27, s. 34 (2). Publication of notice (3) The authority shall also cause a notice to be published once a week for at least three weeks in a newspaper having general circulation in the locality where the cemetery or other place of interment is located, which notice shall state, (a) that the cemetery or other place of interment has been acquired for the purposes of the authority; (b) that other land, describing it, has been acquired by the authority for the purpose of reinterring the bodies; (c) that the authority will at its own expense proceed to remove the bodies from the cemetery or other place of interment to the lands acquired for reinterment at a time not less than one month after the forwarding or third publication of the notice, whichever is the later date; and (d) that the owner of any plot in the cemetery or other place of interment, or any other person with the approval of the authority, may cause any body interred in the cemetery or other place of interment to be removed to any other place of interment at the expense of the owner or person if the owner or person obtains permission from the authority and effects the removal within one month from the forwarding or insertion of the notice, whichever is the later date, or before such later date as the authority determines.  R.S.O. 1990, c. C.27, s. 34 (3). Removal of bodies (4) The authority has full power to cause the removal of any body from the cemetery or place of interment to any lands acquired under subsection (1) despite any other Act and to authorize the removal by any other person of the body for reinterment in any other cemetery or place of interment.  R.S.O. 1990, c. C.27, s. 34 (4). Removal of headstones (5) Where a body is removed and reinterred, any headstone or other stone shall be removed and re-erected at the place of reinterment.  R.S.O. 1990, c. C.27, s. 34 (5). Conveyance of lands for reinterment (6) The authority shall render land, including fences and buildings, acquired for the reinterment of bodies, in a fit and proper condition and shall convey the land to the owner of the cemetery or other place of interment from which the bodies were removed.  R.S.O. 1990, c. C.27, s. 34 (6).
PART VIII MATTERS RELATING TO LAND AND WATER USE
Right to use water power
35 (1) The authority has the right to use any water power created upon lands vested in it for its own uses.  1998, c. 15, Sched. E, s. 3 (5). (2) Repealed:  2006, c. 3, Sched. D, s. 1. Obligation to pay (3) Any person using water power created upon authority lands shall pay to the authority an annual reasonable compensation for the use of the water power.  1998, c. 15, Sched. E, s. 3 (5). Arbitration (3.1) Where the authority and a person described in subsection (3) are unable to agree on the amount of the annual compensation, the matter shall be arbitrated under the Arbitration Act, 1991.  1998, c. 15, Sched. E, s. 3 (5). Charge for power (4) Subject to review by the Minister of Natural Resources, an authority shall charge persons who at the time of the establishment of the authority are, or thereafter become, users of power derived by them from the use of the waters of the watershed for any additional power generated from increased head or flow due to the works undertaken by the authority.  R.S.O. 1990, c. C.27, s. 35 (4); 1998, c. 15, Sched. E, s. 3 (6). When section not to apply (5) This section does not apply to water power reserved to the Crown under the Public Lands Act.  R.S.O. 1990, c. C.27, s. 35 (5). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 3 (5, 6) - 01/04/1999 2006, c. 3, Sched. D, s. 1 - 19/10/2006 Part IX   Miscellaneous
PART IX MISCELLANEOUS
Delegation
36.1 (1) The Minister may in writing delegate any of his or her powers or duties under this Act to an employee in the Ministry specified in the delegation, other than the power to make a regulation under this Act. 2020, c. 36, Sched. 6, s. 23. Same (2) A reference in this Act or the regulations to the Minister shall, for the purpose of a delegation under subsection (1), be deemed to be a reference to the delegate. 2020, c. 36, Sched. 6, s. 23. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 23 - 02/02/2021
PART IX MISCELLANEOUS
Spending by authority
37 All money that is paid to an authority for specified purposes under this Act may be spent by the authority as it considers proper. 2017, c. 23, Sched. 4, s. 32. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 32 - 12/12/2017
PART IX MISCELLANEOUS
Annual audit
38 (1) Every authority shall cause its accounts and transactions to be audited annually by a person licensed under the Public Accounting Act, 2004 and shall ensure that the annual audit is prepared in accordance with generally accepted accounting principles for local governments recommended by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as they exist from time to time. 2020, c. 36, Sched. 6, s. 24 (1). Auditor (2) No person shall be appointed as auditor of an authority who is or during the preceding year was a member of the authority or who has or during the preceding year had any direct or indirect interest in any contract or any employment with the authority other than for services within his or her professional capacity.  R.S.O. 1990, c. C.27, s. 38 (2). Auditor’s report (3) An authority shall, upon receipt of the auditor’s report of the examination of its accounts and transactions, forthwith forward a copy of the report to each participating municipality and to the Minister.  R.S.O. 1990, c. C.27, s. 38 (3). Report made publicly available (4) Within 60 days of receiving the auditor’s report, an authority shall make the report available to the public on its website and by any other means that the authority considers appropriate. 2020, c. 36, Sched. 6, s. 24 (2). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table - 01/11/2005 2020, c. 36, Sched. 6, s. 24 (1, 2) - 02/02/2021
PART IX MISCELLANEOUS
Rolling incorporations
41 A regulation made under this Act that adopts a document by reference may adopt the document as it may be amended from time to time after the regulation is made. 2017, c. 23, Sched. 4, s. 34. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 34 - 12/12/2017 ______________  Français