hordruma/ontario_laws_and_regs huggingface dataset:
PART XIV ENFORCEMENT
446.
446 (1) If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense.  2006, c. 32, Sched. A, s. 184. Entry upon land (2) For the purposes of subsection (1), the municipality may enter upon land at any reasonable time.  2006, c. 32, Sched. A, s. 184. Recovery of costs (3) The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.  2006, c. 32, Sched. A, s. 184. Costs added to tax roll (4) For the purposes of subsection (3), a local municipality shall, upon the request of its upper-tier municipality, add the costs of the upper-tier municipality to the tax roll.  2006, c. 32, Sched. A, s. 184. Interest (5) The costs include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the municipality, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full.  2006, c. 32, Sched. A, s. 184. Lien for costs (6) The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien.  2006, c. 32, Sched. A, s. 184. Same (7) The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (5) to the date the payment is made.  2006, c. 32, Sched. A, s. 184. Effect of payment (8) Upon receiving payment of all costs payable plus interest accrued to the date of payment, the municipality shall register a discharge of the lien in the proper land registry office.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 Court Order to Close Premises
PART XIV ENFORCEMENT
447.2
447.2 (1) If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.  2006, c. 32, Sched. A, s. 184.  Persons who may conduct inspection (2) An inspection referred to in subsection (1) may be conducted by, (a)  a by-law enforcement officer of any municipality or of any local board of any municipality; or (b)  an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.  2006, c. 32, Sched. A, s. 184. Nature of inspection (3) The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.  2006, c. 32, Sched. A, s. 184. Powers to conduct inspection (4) The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.  2006, c. 32, Sched. A, s. 184. Action to be taken (5) Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.  2006, c. 32, Sched. A, s. 184. Definition (6) In this section, “police force” means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.  2006, c. 32, Sched. A, s. 184. Note: On a day to be named by proclamation of the Lieutenant Governor, section 447.2 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 33 (19)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (19) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (19) - not in force
PART XIV ENFORCEMENT
447.3
447.3 (1) If the clerk of a lower-tier municipality is notified under subsection 447.2 (1) that a building located on land in the lower-tier municipality contained a marijuana grow operation, the lower-tier municipality shall, if in its opinion it is appropriate to do so, forward a copy of the notice referred to in subsection 447.2 (1) to the clerk of the upper-tier municipality of which the lower-tier municipality forms a part.  2006, c. 32, Sched. A, s. 184.   Same (2) Upon the clerk of the upper-tier municipality being notified under subsection (1), the obligation under subsection 447.2 (1) to ensure that an inspection of the building is conducted becomes the obligation of both the lower-tier municipality and the upper-tier municipality.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
447.4
447.4 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.  2006, c. 32, Sched. A, s. 184.  Other matters not affected (2) Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
447.5
447.5 (1) If a court convicts a person for a contravention of a by-law of a municipality or of a local board of a municipality without proof of the by-law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as it considers appropriate.  2006, c. 32, Sched. A, s. 184.  Requirement as to proof (2) Nothing in this section relieves a prosecutor from the duty of proving the by-law or entitles the convicting court to dispense with such proof.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 Matters of evidence re other documents
PART XIV ENFORCEMENT
447.7
447.7 (1) Despite any Act, in any proceeding to which a municipality or local board is a party, costs adjudged to the municipality or local board shall not be disallowed or reduced merely because the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the municipality or local board or a salaried officer of another municipality acting on behalf of the local board and for that, or any other reason, was not entitled to recover any costs from the municipality or local board in respect of the services rendered.  2006, c. 32, Sched. A, s. 184.  Costs to general fund (2) The costs recovered in any proceeding by or on behalf of a municipality or local board shall form part of the general funds of the municipality or local board, respectively.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
447.8
447.8 (1) A by-law of a municipality or of a local board of a municipality made under this or any other Act may, (a)  adopt by reference, in whole or in part, with such changes as the council or board considers appropriate, any code, standard, procedure or regulation as it stands at a specific date, as it stands at the time of adoption or as amended from time to time; and (b)  require compliance with any code, standard, procedure or regulation so adopted.  2006, c. 32, Sched. A, s. 184. Inspection (2) A copy of a code, standard, procedure or regulation adopted under this section shall be available for public inspection.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
447.9
447.9 (1) This Part applies with necessary modifications to by-laws passed by a municipality or police services board of a municipality under any other Act except as otherwise provided in the other Act.  2006, c. 32, Sched. A, s. 184. Exceptions (2) Despite subsection (1), sections 435 to 439, 444 and 445 do not apply to by-laws passed by a municipality or a police services board under any other Act.  2006, c. 32, Sched. A, s. 184. Note: On a day to be named by proclamation of the Lieutenant Governor, section 447.9 of the Act is amended by striking out “police services board” wherever it appears and substituting in each case “police service board”. (See: 2019, c. 1, Sched. 4, s. 33 (21)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (21) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (21) - not in force PART XV   MUNICIPAL LIABILITY
PART XV MUNICIPAL LIABILITY
448.
448 (1) No proceeding for damages or otherwise shall be commenced against a member of council or an officer, employee or agent of a municipality or a person acting under the instructions of the officer, employee or agent for any act done in good faith in the performance or intended performance of a duty or authority under this Act or a by-law passed under it or for any alleged neglect or default in the performance in good faith of the duty or authority.  2001, c. 25, s. 448 (1). Liability for torts (2) Subsection (1) does not relieve a municipality of liability to which it would otherwise be subject in respect of a tort committed by a member of council or an officer, employee or agent of the municipality or a person acting under the instructions of the officer, employee or agent.  2001, c. 25, s. 448 (2).
PART XV MUNICIPAL LIABILITY
449.
449 (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)  a municipality or local board; (b)  a member of a municipal council or of a local board; or (c)  an officer, employee or agent of a municipality or local board.  2001, c. 25, s. 449 (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”)  2001, c. 25, s. 449 (2). Rights preserved (3) Subsection (1) does not exempt a municipality or 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.  2001, c. 25, s. 449 (3). Transition (4) Subsection (1) does not apply if the cause of action arose before December 19, 1996.  2001, c. 25, s. 449 (4).
PART XV MUNICIPAL LIABILITY
450.
450 No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against, (a)  a municipality or local board; (b)  a member of a municipal council or of a local board; or (c)  an officer, employee or agent of a municipality or local board.  2001, c. 25, s. 450. PART XVI   REGULATIONS AND FORMS
PART XVI REGULATIONS AND FORMS
451.1
451.1 (1) If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the powers of a municipality under sections 9, 10, 11 and 129, Part IV or IX.1 or section 400.1 or providing that a municipality cannot exercise the powers in prescribed circumstances.  2006, c. 32, Sched. A, s. 185; 2017, c. 8, Sched. 19, s. 12; 2020, c. 4, s. 2. Deemed revocation (2) A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then.  2006, c. 32, Sched. A, s. 185. Restriction (3) The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect.  2006, c. 32, Sched. A, s. 185. Same (4) Subsection (3) does not affect any authority to make regulations under any other section of this or any other Act.  2006, c. 32, Sched. A, s. 185. Effect on by-laws (5) If a regulation made under subsection (1) imposes limits or conditions on a power of a municipality or provides that a municipality cannot exercise a power in prescribed circumstances, any by-law made by a municipality under the applicable power is inoperative to the extent of the limits, conditions or prohibition.  2006, c. 32, Sched. A, s. 185. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 185 - 01/01/2007 2017, c. 8, Sched. 19, s. 12 - 01/12/2017 2020, c. 4, s. 2
- 19/03/2020
PART XVI REGULATIONS AND FORMS
452.
452 (1) The Lieutenant Governor in Council may make regulations authorizing municipalities to exercise a power that they had on December 31, 2002.  2001, c. 25, s. 452 (1). Retroactive (2) A regulation under subsection (1) may be retroactive to a day not earlier than January 1, 2003.  2001, c. 25, s. 452 (2). Regulation to continue powers (2.1) The Lieutenant Governor in Council may make regulations authorizing a municipality to exercise a power that it had on the day before this subsection comes into force.  2006, c. 32, Sched. A, s. 186 (1). Retroactive (2.2) A regulation under subsection (2.1) may be retroactive to a day not earlier than the day on which this subsection comes into force.  2006, c. 32, Sched. A, s. 186 (1). Use of power (3) A regulation under subsection (1) or (2.1) may provide for any matter that in the opinion of the Lieutenant Governor in Council is necessary or desirable to ensure that the use of the power by the municipality before the regulation is filed has the same effect as if the municipality had always had the power, including extinguishing any right, obligation or interest acquired or accrued.  2001, c. 25, s. 452 (3); 2006, c. 32, Sched. A, s. 186 (2). Conflicts (4) If there is a conflict between a regulation under this section and any Act or other regulation, the regulation under this section prevails.  2002, c. 17, Sched. A, s. 83. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 83 - 01/01/2003 2006, c. 32, Sched. A, s. 186 (1, 2) - 01/01/2007
PART XVI REGULATIONS AND FORMS
453.
453 (1) The Minister may make regulations providing for transitional matters which, in the opinion of the Minister, are necessary or desirable, (a)  to facilitate the implementation of this Act or any provision of this Act; (b)  to deal with problems or issues arising as a result of the repeal of the old Act and the enactment of this Act; (c)  to deal with problems or issues arising as a result of the amendment or repeal of an Act or a provision of an Act by this Act, the Municipal Statute Law Amendment Act, 2002, the Municipal Statute Law Amendment Act, 2006 or the Modernizing Ontario’s Municipal Legislation Act, 2017.  2001, c. 25, s. 453 (1); 2002, c. 17, Sched. A, s. 84; 2006, c. 32, Sched. A, s. 187; 2017, c. 10, Sched. 1, s. 80. Conflicts (2) If there is a conflict between a regulation under this section and any Act or any regulation, the regulation under this section prevails.  2001, c. 25, s. 453 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 84 - 01/01/2003 2006, c. 32, Sched. A, s. 187 - 01/01/2007 2017, c. 10, Sched. 1, s. 80 - 30/05/2017
PART XVI REGULATIONS AND FORMS
454.
454 (1) The Minister may by order establish and require the use of forms for the purposes of this Act.  2001, c. 25, s. 454 (1). Not regulation (2) An order of the Minister under this section is not a regulation to which Part III (Regulations) of the Legislation Act, 2006 applies.  2001, c. 25, s. 454 (2); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 PART XVII   TRANSITION Transition
PART XVII TRANSITION
455.
455 (1) Every city, town, township and village that existed and formed part of a county, a regional or district municipality or the County of Oxford for municipal purposes on December 31, 2002, (a)  is continued with the same name; and (b)  has the status of a lower-tier municipality which stands in the place of the city, town, township or village, as the case may be, for all purposes.  2001, c. 25, s. 455 (1). Single-tier municipality (2) Every city, town, township and village that existed and did not form part of a county, a regional or district municipality or the County of Oxford for municipal purposes on December 31, 2002, (a)  is continued with the same name; and (b)  has the status of a single-tier municipality which stands in the place of the city, town, township or village, as the case may be, for all purposes.  2001, c. 25, s. 455 (2). Upper-tier municipality (3) Every county and every regional or district municipality and the County of Oxford that existed on December 31, 2002, (a)  is continued with the same name; and (b)  has the status of an upper-tier municipality which stands in the place of the county, regional or district municipality or the County of Oxford, as the case may be, for all purposes.  2001, c. 25, s. 455 (3). Union of townships (4) A township which was a union of townships on December 31, 2002 has the status of a lower-tier municipality or single-tier municipality under subsection (1) or (2), as the case may be, and does not for any purpose continue to be a union of townships.  2001, c. 25, s. 455 (4). Union of counties (5) A county which was a union of counties on December 31, 2002 has the status of an upper-tier municipality under subsection (3) and does not for any purpose continue to be a union of counties.  2001, c. 25, s. 455 (5). Continuation (6) Every local board of one or more cities, towns, townships, villages, counties, regional or district municipalities or the County of Oxford on December 31, 2002 is continued as a local board of the corresponding single-tier municipalities, lower-tier municipalities and upper-tier municipalities on January 1, 2003.  2002, c. 17, Sched. A, s. 85. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 85 - 01/01/2003
PART XVII TRANSITION
456.
456 (1) Despite the repeal of the old Act, police villages in existence on January 1, 2003 continue to exist until they are dissolved.  2001, c. 25, s. 456 (1). Continuation (2) Sections 332 to 357 of the old Act continue to apply to those police villages and the local municipalities in which they are located except, (a)  a reference in those sections to a township or village shall be deemed to be a reference to a local municipality; and (b)  the references in section 348 of the old Act to other provisions of the old Act shall be deemed to be references to those provisions as they read on December 31, 2002.  2001, c. 25, s. 456 (2).
PART XVII TRANSITION
457.
457 (1) If, as a result of this Act or the Municipal Statute Law Amendment Act, 2002, a city, town, township, village, county, regional or district municipality, the County of Oxford or a local board, as defined in the Municipal Affairs Act, that existed on December 31, 2002 no longer has the authority to pass a by-law or resolution that was in force on December 31, 2002, despite the absence of authority, (a)  the by-law or resolution continues in force until its repeal, expiration or January 1, 2006, whichever occurs first; and (b)  the authority, as it read on December 31, 2002, continues to apply to the by-law or resolution passed under it before January 1, 2003.  2001, c. 25, s. 457 (1); 2002, c. 17, Sched. A, s. 86. Restriction (2) A by-law or resolution described in subsection (1) shall not be amended.  2001, c. 25, s. 457 (2). Effect (3) Nothing in this section repeals or authorizes the repeal of by-laws or resolutions conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the city, town, township, village, county, regional or district municipality or the County of Oxford.  2001, c. 25, s. 457 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 86 (1, 2) - 01/01/2003
PART XVII TRANSITION
457.1
457.1 (1) If, as a result of the enactment of the Municipal Statute Law Amendment Act, 2006, a municipality or a local board, as defined in the Municipal Affairs Act, that existed on the day before section 8 of Schedule A to that Act came into force no longer has the authority to pass a by-law or resolution that was in force on that day, despite the absence of authority, (a)  the by-law or resolution continues in force until its repeal, expiration or three years after that day, whichever occurs first; and (b)  the authority, as it read on that day, continues to apply to the by-law or resolution passed under it before that day.  2006, c. 32, Sched. A, s. 188. Application of provisions (2) Subsections 457 (2) and (3) apply with necessary modifications to this section.  2006, c. 32, Sched. A, s. 188. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 188 - 01/01/2007
PART XVII TRANSITION
457.2
457.2 (1) This section applies if a person or body, other than a municipal services board, ceases to be authorized to exercise powers or perform duties on behalf of, or in relation to, a municipality by virtue of the coming into force of any provision of Schedule A to the Municipal Statute Law Amendment Act, 2006.  2006, c. 32, Sched. A, s. 188. Same (2) On the day on which the applicable provision comes into force, a municipality is deemed to have passed any by-law necessary under this Act to give the person or body any power or duty, (a)  that the municipality is capable of giving to the person or body under this Act; and (b)  that the person or body was authorized to exercise or perform, on behalf of or in relation to the municipality, immediately before that day.  2006, c. 32, Sched. A, s. 188. Same (3) If the deemed by-law is a delegation by-law, it is also deemed to provide that both the municipality and the delegate can exercise the delegated powers.  2006, c. 32, Sched. A, s. 188. Amend or repeal (4) The municipality may amend or repeal the deemed by-law.  2006, c. 32, Sched. A, s. 188. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 188 - 01/01/2007
PART XVII TRANSITION
459.
459 On January 1, 2003, the wards of a municipality and a local board are the same as they were on December 31, 2002.  2001, c. 25, s. 459; 2006, c. 32, Sched. A, s. 189. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 189 - 01/01/2007
PART XVII TRANSITION
461.
461 (1) If, on January 1, 2003, there is a conflict between an upper-tier by-law and a lower-tier by-law relating to the regulation or prohibition of the destruction or injuring of trees, the by-law that is the most restrictive of the destruction or injuring of trees prevails.  2001, c. 25, s. 461. By-laws made after December 31, 2002 (2) Subsection (1) does not apply to a conflict between a by-law of an upper-tier municipality passed after December 31, 2002 under this Act and a by-law of a lower-tier municipality passed after December 31, 2002 under this Act.  2002, c. 17, Sched. A, s. 87. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 87 - 01/01/2003