hordruma/ontario_laws_and_regs huggingface dataset:
PART XVII TRANSITION
464.
464 Despite the repeal of section 117 and paragraph 46 of section 207 of the old Act, (a)  an approved pension plan, as defined in subsection 117 (1) of the old Act as it read on December 31, 2002, continues to exist until its assets are transferred to another approved pension plan or to the pension fund for the primary pension plan under the Ontario Municipal Employees Retirement System Act, 2006
or it is wound up; and (b)  those provisions, as they read on December 31, 2002, continue to apply for the purpose of administering, transferring the assets or winding up any approved pension plan in existence on December 31, 2002.  2001, c. 25, s. 464; 2006, c. 2, s. 49 (5). Section Amendments with date in force (d/m/y) 2006, c. 2, s. 49 (5) - 30/06/2006 465 Repealed:  2002, c. 17, Sched. A, s. 88. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 88 - 01/01/2003
PART XVII TRANSITION
468.
468 Despite the repeal of the old Act, Part V of that Act continues to apply to the board of control of The Corporation of the City of London, subject to the following rules: 1.  The board is deemed to be a board of control under section 64 of the old Act. 2.  Subsection 64 (3) of the old Act does not apply to the board. 3.  The references to a two-thirds vote in subsections 64 (2) and 68 (3), (6) and (7) of the old Act are deemed to be references to a majority vote.  2006, c. 32, Sched. A, s. 190. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 190 - 01/01/2007
PART XVII TRANSITION
469.
469 (1) Despite the repeal of section 208.3 and subsections 209 (10), (12) and (13) of the old Act, sections 151 and 152 of the Regional Municipalities Act, section 36 of the Regional Municipality of Durham Act, section 34 of the Regional Municipality of Halton Act, sections 40 and 41 of the Regional Municipality of Waterloo Act
and section 33 of the Regional Municipality of York Act, (a)  any term, restriction or condition imposed by a municipality or the Ontario Municipal Board on an approval or consent under those sections continues to apply; and (b)  those provisions, as they read on December 31, 2002, continue to apply for the purpose of making an appeal to the Ontario Land Tribunal under them.  2001, c. 25, s. 469 (1); 2017, c. 23, Sched. 5, s. 58; 2021, c. 4, Sched. 6, s. 64 (1, 6). By-laws re: waste, counties (2) Despite the repeal of subsections 209 (15) to (18) and (25) to (29) of the old Act, those subsections, as they read on December 31, 2002, continue to apply to by-laws passed under subsection 209 (2) of the old Act before January 1, 2003.  2001, c. 25, s. 469 (2). By-laws re: waste, regions (3) Despite the repeal of sections 153, 157, 158 and 159 of the Regional Municipalities Act, those sections, as they read on December 31, 2002, continue to apply to by-laws passed or deemed to have been passed under section 150 of that Act before January 1, 2003, including by-laws made under that section as incorporated into other Acts by subsection 126 (7) of the County of Oxford Act and section 128 of the District Municipality of Muskoka Act
as they read immediately before their repeal.  2001, c. 25, s. 469 (3). By-laws re: waste, Waterloo (4) Despite the repeal of clauses 41 (3) (d), (e) and (f) of the Regional Municipality of Waterloo Act, those clauses, as they read on December 31, 2002, continue to apply to by-laws passed under section 41 of that Act before January 1, 2003.  2001, c. 25, s. 469 (4). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 58 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1, 6) - 01/06/2021
PART XVII TRANSITION
472.
472 (1) On January 1, 2003, the Oxford County Board of Health is dissolved.  2001, c. 25, s. 472 (1). Transfer of assets and liabilities (2) All assets and liabilities of the Oxford County Board of Health on December 31, 2002, including all rights, interests, approvals, registrations and entitlements, become the assets and liabilities of the County of Oxford on January 1, 2003, without compensation.  2001, c. 25, s. 472 (2). By-laws, resolutions (3) Every by-law and resolution of the Oxford County Board of Health that is in force on December 31, 2002 shall be deemed to be a by-law and resolution of the County of Oxford on January 1, 2003.  2001, c. 25, s. 472 (3). Employees (4) A person who is an employee of the Oxford County Board of Health on December 31, 2002 and who would, but for this section, still be an employee of the Oxford County Board of Health on January 1, 2003, is an employee of the County of Oxford on January 1, 2003.  2001, c. 25, s. 472 (4). Not a termination (5) A person’s employment with the Oxford County Board of Health shall be deemed not to have been terminated for any purpose by anything in subsection (4).  2001, c. 25, s. 472 (5).
PART XVII TRANSITION
473.
473 (1) In any Act or regulation, (a)  a reference to a tax collector of a municipality shall be deemed to be a reference to the treasurer of the municipality; (b)  a reference to a collector’s roll of a municipality shall be deemed to be a reference to the tax roll of the municipality; and (c)  a reference to a clerk of a local municipality taking any action or receiving notice with respect to the collector’s roll of the local municipality shall be deemed to be a reference to the treasurer of the local municipality.  2001, c. 25, s. 473 (1). (2) Repealed:
 2002, c. 17, Sched. A, s. 89. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 89 - 01/01/2003
PART XVII TRANSITION
474.
474 Despite the repeal of the old Act, Parts XXII.1, XXII.2 and XXII.3 of that Act continue to apply with respect to taxes imposed in accordance with those Parts, including any power under those Parts to make regulations relating to taxes payable under the old Act for any year ending before January 1, 2003.  2004, c. 31, Sched. 26, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 26, s. 9 - 01/01/2003
PART XVII TRANSITION
474.1
474.1  (1)  Despite the repeal of an Act or provision of an Act by this Act or by the Municipal Statute Law Amendment Act, 2002 related to a municipal restructuring, any repealed provision setting out transitional rules with respect to by-laws, resolutions, official plans, agreements and assets and liabilities of a municipality, other than provisions dealing with employees, continues to apply in the same manner as it would have applied if it had not been repealed.  2002, c. 17, Sched. A, s. 90. Transitional rules continued (2) Despite the repeal of the authority to make a regulation or any provision of a regulation by this Act or by the Municipal Statute Law Amendment Act, 2002 relating to a municipal restructuring, any provision for which the authority is repealed setting out transitional rules with respect to by-laws, resolutions, official plans, agreements and assets and liabilities of a municipality, other than provisions dealing with employees, continue to apply in the same manner as it would have applied if the authority had not been repealed.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.2
474.2 Despite the repeal of section 4 of the Barrie-Vespra Annexation Act, 1984, subsection 5 (1) of The Brantford-Brant Annexation Act, 1980
and subsection 2 (3) of the Sarnia-Lambton Act, 1989, those provisions continue to apply until the date mentioned in each of them, respectively, and despite the repeal of subsections 5 (2) to (4) of The Brantford-Brant Annexation Act, 1980, those provisions continue to apply in the same manner as they would have applied if they had not been repealed.  2002, c. 17, Sched. A, s. 90; 2009, c. 29, s. 11 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003 2009, c. 29, s. 11 (1) - 01/01/2010
PART XVII TRANSITION
474.3
474.3 Despite the repeal of the Municipal Elderly Residents’ Assistance Act, that Act continues to apply with respect to by-laws authorizing tax credits under that Act passed before January 1, 2003.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.4
474.4 Despite the repeal of the Barrie-Vespra Annexation Act, 1984, section 6 of that Act continues to apply if any portion of the Trans-Canada Pipe Line, as it existed on December 31, 1983, located in the area annexed to the City of Barrie under that Act continues to exist.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.5
474.5 Despite the repeal of section 20.1 of the Regional Municipality of Durham Act, that section continues to apply until the trust fund described in that section is depleted.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003 474.6, 474.7 Repealed:  2007, c. 8, s. 218 (7). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003 2007, c. 8, s. 218 (7)
- 01/07/2010
PART XVII TRANSITION
474.8
474.8 Despite the repeal of sections 43 and 47 of the London-Middlesex Act, 1992, those sections continue to apply until December 31, 2003.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.9
474.9 Despite the repeal of Part VIII of the County of Simcoe Act, 1993, that Part, including the power to make orders and regulations, continues to apply as if it had not been repealed with the following modifications: 1.  In subsection 65 (2), the reference to subsections is to those subsections as they read immediately before their repeal by the Municipal Act, 2001. 2.  In subclause 67 (1) (a) (ii), the reference to “Municipal Act” is changed to “Municipal Act, 2001”. 3.  In subsection 68 (3), the phrase “struck off the roll as uncollectible under section 441 of the Municipal Act” is replaced by “removed from the tax roll under section 354 of the Municipal Act, 2001”. 4.  In section 69, the reference to “37 (2) of the Municipal Act” is changed to “258 (2) of the Municipal Act, 2001”. 5.  In subsection 71 (1), the reference to Municipal Boundary Negotiations Act is a reference to that Act as it read immediately before its repeal by the Municipal Act, 2001.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.10
474.10 (1) Despite the repeal of the Local Improvement Act, any matter or proceeding commenced under that Act before January 1, 2003 shall be continued and finally disposed of under that Act.  2002, c. 17, Sched. A, s. 90. Deemed commencement (2) For the purposes of subsection (1), a proceeding to undertake a local improvement is deemed to have commenced under section 8, 10 or 12 of the Local Improvement Act when notice in Form 1, 2 or 3, respectively, of that Act has been given.  2002, c. 17, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 90 - 01/01/2003
PART XVII TRANSITION
474.10.1
474.10.1 Despite the repeal of subsection 9 (2) of this Act by section 8 of Schedule A to the Municipal Statute Law Amendment Act, 2006, that subsection, as it read on the day before its repeal, continues to apply to resolve ambiguities existing on that day.  2006, c. 32, Sched. A, s. 191. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 191 - 01/01/2007 Part XVII.0.1   Ontario Land Tribunal — Jurisdiction and Powers
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.2
474.10.2 In this Part, “local board” means a local board as defined in subsection 1 (1), except that it includes a school board; (“conseil local”) “municipality” includes, (a)  a local board, and (b)  a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in unorganized territory; (“municipalité”) “public utility” means, in addition to a public utility as defined in subsection 1 (1), (a)  a system that is used to provide, (i)  electric heat, light and power works, or (ii)  any other service or thing that supplies the general public with necessaries or conveniences, and (b)  the service or thing that is provided. (“service public”)
2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021 Municipal Affairs
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.4
474.10.4 A municipality may apply to the Ontario Land Tribunal for its approval of any by-law, the passing of which has been authorized by an order of the Tribunal made under section 474.10.3. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.5
474.10.5 (1) A person may apply to the Ontario Land Tribunal for approval of a by-law of a municipality authorizing a debenture, borrowing or other debt if the person is, (a)  the holder of the debenture or entitled to receive the debenture or the proceeds of its sale; (b)  the person to whom the borrowing is owed by the municipality; or (c)  the person to whom the other debt is owed by the municipality.
2021, c. 4, Sched. 6, s. 64 (7). Tribunal may approve (2) The Ontario Land Tribunal may approve a by-law in respect of which an application is made under this section. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.6
474.10.6 The Ontario Land Tribunal shall not grant or issue any approval or certificate under this Part in respect of any municipal matter if there is any pending action or proceeding relating to the matter, including an application to quash any by-law of a municipality relating to the matter. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.7
474.10.7 (1) The Ontario Land Tribunal shall not certify the validity of any debenture issued under any by-law of a municipality until 30 days after the final passing of the by-law, unless notice of the application for certification has been otherwise published or given as directed by the Tribunal. 2021, c. 4, Sched. 6, s. 64 (7). Exception (2) This section does not apply to any debenture authorized under clause 474.10.3 (1) (d) or to a consolidating by-law if every by-law consolidated was finally passed at least 30 days before certification. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.8
474.10.8 (1) An application may be made to the Ontario Land Tribunal for approval of a municipal by-law authorizing the issue of any debentures, and of the debentures, either before the debentures are issued by the municipality or after the issue and sale of any debentures by the municipality. 2021, c. 4, Sched. 6, s. 64 (7). Same (2) In respect of an application made under subsection (1), the Tribunal may approve the by-law and certify the validity of the debentures despite any omission, illegality, invalidity or irregularity in the by-law or the debentures or in any proceedings relating to or incidental to them occurring before or after the final passing of the by-law or the issuing of the debentures. 2021, c. 4, Sched. 6, s. 64 (7). No approval if by-law quashed, etc. (3) The Tribunal shall not approve any by-law of a municipality or certify the validity of any debentures issued under a by-law if the validity of the by-law or debenture is being questioned in any pending litigation or the by-law has been set aside, quashed or declared to be invalid by any court. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.9
474.10.9 If the validity of a debenture is certified by the Ontario Land Tribunal, it shall bear the certificate of the Tribunal in the form approved by the Tribunal establishing that the by-law under the authority of which the debenture is issued has been approved by the Tribunal and that the debenture is issued in conformity with the approval. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.10
474.10.10 Despite any Act, every by-law of a municipality approved by the Ontario Land Tribunal and every debenture issued under a by-law bearing the certificate of the Tribunal is for all purposes valid and binding on the corporation of the municipality and its ratepayers and on the property liable for any rate imposed under the by-law, and the validity of the by-law and the debenture shall not be contested or questioned in any manner. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.11
474.10.11 (1) The Ontario Land Tribunal may, before approving an application by a municipality for any of the following, make inquiries into the matters described in subsection (2): 1.  Approval of the exercise by a municipality of any of its powers. 2.  Approval of the incurring of any debt. 3.  Approval of the issue of any debentures. 4.  Approval of a by-law. 2021, c. 4, Sched. 6, s. 64 (7). Same (2) For the purposes of subsection (1), the matters are the following: 1.  The nature of the power sought to be exercised or undertaking that is proposed to be or has been proceeded with. 2.  The financial position and obligations of the municipality. 3.  The burden of taxation on the ratepayers. 4.  Any other matter that the Tribunal considers to be relevant. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.13
474.10.13 (1) Despite any Act, a municipality or board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or may be raised after the term for which the council or board was elected. 2021, c. 4, Sched. 6, s. 64 (7). Application (2) Subsection (1) applies to a local board, other than a board as defined in subsection 1 (1) of the Education Act, that is entitled to apply to the council of a municipality to have money provided by the issue of debentures of the municipality. 2021, c. 4, Sched. 6, s. 64 (7). Matters not requiring Tribunal approval (3) Subsection (1) does not apply to, (a)  anything done with the approval of the Ontario Land Tribunal, if the approval is, (i)  provided for by another Act or by another provision of this Act, and (ii)  obtained in advance; (b)  a by-law of a municipality containing a provision to the effect that it shall not come into force until the approval of the Tribunal has been obtained; (c)  the appointment of an engineer, land surveyor or commissioner under the Drainage Act; (d)  anything done by a municipality that does not cause it to exceed the limit prescribed under subsection 401 (4); or (e)  a by-law or resolution of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the municipality has been obtained. 2021, c. 4, Sched. 6, s. 64 (7). Approval of Tribunal (4) The approval of the Tribunal mentioned in clause (3) (a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1). 2021, c. 4, Sched. 6, s. 64 (7). Definition (5) In this section, “work” includes any undertaking, project, scheme, act, matter or thing. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.14
474.10.14 On an application being made to the Ontario Land Tribunal for the approval required by section 474.10.13, the Tribunal shall proceed to deal with the application in the manner provided by and shall have regard to the matters mentioned in section 474.10.11, and may hold such hearings as may appear necessary to the Tribunal. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.15
474.10.15 The Ontario Land Tribunal may impose, as it considers necessary and as a condition of giving its approval as required by section 474.10.13, restrictions, limitations and conditions on the municipality with respect to the matter before the Tribunal or with respect to the current annual or future annual expenditures of the municipality for any purpose or with respect to further issues of debentures by the municipality. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021 Public Utilities
PART XVII.0.1 ONTARIO LAND TRIBUNAL — JURISDICTION AND POWERS
474.10.16
474.10.16 (1) The Ontario Land Tribunal has jurisdiction and power, (a)  to hear and determine any application with respect to any public utility, its construction, maintenance or operation by reason of the contravening of or failure to comply on the part of any person, firm, company, corporation or municipality with the requirements of any Act, or of any regulation, rule, by-law or order made under any Act, or of any agreement entered into in relation to such public utility, its construction, maintenance or operation; and (b)  to hear and determine any application with respect to any tolls charged by any person, firm, company, corporation or municipality operating a public utility in excess of those approved or prescribed by lawful authority, or which are otherwise unlawful. 2021, c. 4, Sched. 6, s. 64 (7). Jurisdiction over receivers, liquidators, etc. (2) A manager or other official or the liquidator or receiver of a public utility shall manage, operate or liquidate the public utility in accordance with the orders and directions of the Tribunal. 2021, c. 4, Sched. 6, s. 64 (7). Same (3) The fact that the person is managing or operating or liquidating the public utility under the authority of a court is not a bar to the exercise by the Tribunal of any jurisdiction or power conferred by this Part. 2021, c. 4, Sched. 6, s. 64 (7). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 64 (7) - 01/06/2021 PART XVII.1   MISCELLANEOUS MATTERS