PART V MUNICIPAL REORGANIZATION
173.
173 (1) A municipality or local body in a geographic area may, subject to subsection (2), make a restructuring proposal to restructure municipalities and unorganized territory in the geographic area by submitting to the Minister a restructuring report containing, (a)  a description of the restructuring proposal in a form and in such detail as the Minister may require; and (b)  proof in a form satisfactory to the Minister that, (i)  the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area, (ii)  the support was determined in the prescribed manner, (iii)  the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and (iv)  the municipality or local body consulted the public in the required manner.  2001, c. 25, s. 173 (1). Limitation (2) A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring.  2001, c. 25, s. 173 (2). Consultation (3) Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed: 1.  Council shall consult with the public by giving notice of, and by holding, at least one public meeting. 2.  Council shall consult with such persons or bodies as the Minister may prescribe. 3.  Council may consult with such other persons and bodies as the municipality considers appropriate.  2001, c. 25, s. 173 (3). Implementation (4) The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if, (a)  the restructuring proposal and report under subsection (1) meet the requirements of this section; and (b)  in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under section 179.  2001, c. 25, s. 173 (4). Amendment of restructuring proposal (5) After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal: 1.  An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto. 2.  The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required for the original restructuring proposal. 3.  The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required if the amended proposal were an original restructuring proposal. 4.  The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.  2006, c. 32, Sched. A, s  83 (1). Same (6) An amended restructuring proposal and report submitted to the Minister under subsection (5) shall be deemed to have been submitted to the Minister under subsection (1) for the purposes of this section.  2001, c. 25, s. 173 (6). Same (7) If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section.  2006, c. 32, Sched. A, s. 83 (2). Limitation (8) The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a geographic area if any part of the geographic area is in a geographic area for which a commission has been established under section 174.  2001, c. 25, s. 173 (8). Same, restructuring principles and standards (9) If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under section 179, the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration.  2001, c. 25, s. 173 (9). Effect of order (10) A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (4).  2001, c. 25, s. 173 (10). Filing (11) The Minister shall, (a)  publish an order under subsection (4) in The Ontario Gazette; and (b)  file a copy of an order under subsection (4) with each municipality to which the order applies.  2001, c. 25, s. 173 (11). Inspection (12) Each municipality described in clause (11) (b) shall make the order available for public inspection.  2001, c. 25, s. 173 (12). Not regulation (13) An order of the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2001, c. 25, s. 173 (13); 2006, c. 21, Sched. F, s. 136 (1). Regulations (14) The Minister may make regulations, (a)  in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section; (b)  for the purpose of subsection (1), (i)  establishing types of restructuring, (ii)  providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring, (iii)  providing for the degree of support required to support a restructuring proposal with respect to each type of restructuring, (iv)  providing for the manner of determining the support, and (v)  providing for criteria which must be met by the municipalities and local bodies supporting a restructuring proposal; (c)  providing that a municipality in a geographic area for which a restructuring proposal has been submitted under subsection (1), (i)  shall not exercise a specified power under any Act, (ii)  shall exercise, in the specified manner, a specified power under any Act, (iii)  shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act; (d)  for the purpose of paragraph 2 of subsection (3), prescribing the persons or bodies to be consulted.  2001, c. 25, s. 173 (14). Differing support requirement (15) A regulation under subsection (14) may provide for different support requirements for restructuring proposals which are minor and restructuring proposals which are not minor.  2001, c. 25, s. 173 (15). Minor restructuring proposal (16) A restructuring proposal is minor if, (a)  the proposal provides for one or more annexations of part of a local municipality to another local municipality and makes any changes to the boundaries of upper-tier municipalities necessary to reflect the annexations; (b)  the proposal does not provide for any type of restructuring other than described in clause (a); and (c)  the Minister, after reviewing the proposal, is of the opinion that it is of a minor nature.  2001, c. 25, s. 173 (16). Regulations (17) Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 174 in implementing a restructuring proposal.  2001, c. 25, s. 173 (17). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 37 (1, 2) - 01/01/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 32, Sched. A, s. 83 (1, 2) - 01/01/2007