hordruma/ontario_laws_and_regs huggingface dataset:
PART III SPECIFIC MUNICIPAL POWERS
88.
88 (1) An upper-tier municipality has, during and after the construction of a work of one of its lower-tier municipalities that is or is intended to be connected to an upper-tier work, the power to enter upon land, at reasonable times, to inspect the lower-tier work and to inspect and copy plans, records, specifications and other information related to the construction, operation and maintenance of the lower-tier work.  2001, c. 25, s. 88 (1). Definition (2) In this section, “work” means land, buildings, structures, plant, machinery, equipment, devices, conduits, intakes, outfalls or outlets and other works used or designed for the collection, treatment or disposition of sewage or the production, treatment, storage or distribution of water.  2001, c. 25, s. 88 (2).
PART III SPECIFIC MUNICIPAL POWERS
89.
89 If a lower-tier municipality and its upper-tier municipality both have the authority to distribute water in the lower-tier municipality, (a)  the upper-tier municipality shall not supply water to any person in the lower-tier municipality except the lower-tier municipality; and (b)  in the case of The Regional Municipality of York, the lower-tier municipality shall not, without the consent of the regional municipality, purchase water from any municipality except the regional municipality.  2001, c. 25, s. 89.
PART III SPECIFIC MUNICIPAL POWERS
90.
90 (1) Despite section 3 of the Assessment Act, land that is exempt from taxation under that Act is not exempt from a special upper-tier levy under section 311 or a special local municipality levy under section 312 for raising costs related to sewage works or water works.  2001, c. 25, s. 90 (1). Exemption by municipality (2) Despite subsection (1), the upper-tier municipality and the local municipality, as the case may be, may exempt any class of land from all or part of the levy described in that subsection.  2001, c. 25, s. 90 (2). New parcels of land (3) Despite any Act, if new parcels of land are created from existing parcels of land in respect of which a municipality has imposed a tax or fee to raise costs related to sewage works or water works, the municipality may impose the tax or fee on each new parcel.  2001, c. 25, s. 90 (3). Easements, public utilities
PART III SPECIFIC MUNICIPAL POWERS
91.
91 (1) In this section, “public utility” includes a street lighting system and a transportation system.  2001, c. 25, s. 91 (1). Easement (2) An easement of a public utility provided by a municipality does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid.  2001, c. 25, s. 91 (2). Restriction (3) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a municipal public utility constructed on land before June 21, 1990 with the consent or acquiescence of the owner of the land.  2001, c. 25, s. 91 (3). Interference with utilities (4) No person shall interfere with a part of a municipal public utility for which there is no municipal public utility easement unless, (a)  the municipality consents; or (b)  the interference is authorized by a court order under this section.  2001, c. 25, s. 91 (4). Court orders with respect to utilities (5) A person who has an interest in land where part of a municipal public utility is located may apply to the Superior Court of Justice for an order authorizing that person to interfere with that part of the municipal public utility if the use of the land by the person is substantially affected.  2001, c. 25, s. 91 (5). Notice (6) A person making an application for an order under subsection (5) shall give the municipality 90 days notice of the application or such other notice as the court may direct.  2001, c. 25, s. 91 (6). Other orders (7) In making an order under subsection (5), the court may make such other orders as it considers necessary including an order that the applicant provide an easement for an alternative location of the public utility with such compensation as the court may determine.  2001, c. 25, s. 91 (7). Stay of orders (8) The court shall stay an order under subsection (5) at the request of the municipality for such time as the court determines to allow the municipality to acquire an interest in land to accommodate the part of its public utility that is subject to the order.  2001, c. 25, s. 91 (8). Right to repair utilities (9) Subject to any court order under this section, a municipality may enter upon any land to repair and maintain its public utilities.  2001, c. 25, s. 91 (9). Utilities located by mistake (10) If, before June 21, 1990, a municipality located a part of a municipal public utility where it had no right to do so in the mistaken belief that the part was being located on a municipal road allowance, the municipality that owns and operates the utility shall be deemed to have an easement in respect of the utility and the owner of the land on which the part is located shall be entitled to compensation for the easement determined in accordance with the Expropriations Act.  2001, c. 25, s. 91 (10). Offence (11) Every person who knowingly contravenes subsection (4) is guilty of an offence.  2001, c. 25, s. 91 (11). 92 Repealed:  2006, c. 32, Sched. A, s. 35. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 35 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
93.
93 (1) Except as otherwise provided, no person shall construct, maintain or operate a water or sewage public utility in any area of a municipality if the municipality has jurisdiction to provide the public utility in that area, without first obtaining the consent of the municipality.  2001, c. 25, s. 93 (1). Terms (2) A consent under this section may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon.  2001, c. 25, s. 93 (2). Interpretation (3) In this section, “person” does not include a municipality.  2002, c. 17, Sched. A, s. 16. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 16 - 01/01/2003 Culture, Parks, Recreation and Heritage
PART III SPECIFIC MUNICIPAL POWERS
94.
94 Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3) in relation to culture, parks, recreation and heritage in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 36. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 17 - 01/01/2003 2006, c. 32, Sched. A, s. 36 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
95.
95 (1) The upper-tier municipalities of Durham, Halton, Peel and York may enter into an agreement with a conservation authority to manage and control land vested in the conservation authority.  2001, c. 25, s. 95 (1). Powers (2) An upper-tier municipality that has entered into an agreement under subsection (1) may, (a)  exercise any of its powers in respect of culture, parks, recreation or heritage matters on the land; (b)  lay out, construct and maintain highways on the land; (c)  with the consent of the local municipality in which any part of the land is located, assume the maintenance of all or part of the existing highways; (d)  prescribe the rate of speed for motor vehicles driven on those highways in accordance with section 128 of the Highway Traffic Act.  2001, c. 25, s. 95 (2); 2006, c. 32, Sched. A, s. 37. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 37 - 01/01/2007 Drainage and Flood Control
PART III SPECIFIC MUNICIPAL POWERS
96.
96 Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 6 of subsection 11 (3) in relation to flood control in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 38. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 38 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
97.1
97.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a local municipality to pass a by-law respecting the protection or conservation of the environment that requires buildings to be constructed in accordance with provisions of the building code under the Building Code Act, 1992 that are prescribed under that Act, subject to such conditions and limits as may be prescribed under that Act. 2017, c. 10, Sched. 1, s. 5. Conflict (2) Despite section 35 of the Building Code Act, 1992, if there is a conflict between that Act or the building code under that Act and a by-law to which this section applies, that Act or the building code prevails. 2017, c. 10, Sched. 1, s. 5. Green roofs or alternative roof surfaces (3) Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power to require the construction of green roofs or of alternative roof surfaces that achieve similar levels of performance to green roofs. 2017, c. 10, Sched. 1, s. 5. Definition (4) For the purposes of subsection (3), “green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation. 2017, c. 10, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 5 - 30/05/2017
PART III SPECIFIC MUNICIPAL POWERS
98.
98 (1) A local municipality may provide that the Line Fences Act does not apply to all or any part of the municipality.  2001, c. 25, s. 98 (1). Exclusion (2) Despite a by-law passed under subsection (1), section 20 of the Lines Fences Act continues to apply throughout the municipality.  2001, c. 25, s. 98 (2).
PART III SPECIFIC MUNICIPAL POWERS
99.
99. (1) This subsection, as it read on the day before section 6 of Schedule 1 to the Modernizing Ontario’s Municipal Legislation Act, 2017
came into force, continues to apply to by-laws passed on or before that day. 2017, c. 10, Sched. 1, s. 6. Lien for costs and charges (2) All costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act.  2006, c. 32, Sched. A, s. 39. Disposal costs (3) All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the municipality as a debt owed by the owner of the device.  2006, c. 32, Sched. A, s. 39. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 18 - 01/01/2003 2006, c. 32, Sched. A, s. 39 - 01/01/2007 2017, c. 10, Sched. 1, s. 6 - 30/05/2017
PART III SPECIFIC MUNICIPAL POWERS
100.
100 Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition.  2006, c. 32, Sched. A, s. 41. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 19 - 01/01/2003 2006, c. 32, Sched. A, s. 41 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
100.1
100.1 (1) Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality, regulate or prohibit the parking or leaving of motor vehicles without the consent of the owner of the land.  2002, c. 17, Sched. A, s. 20; 2006, c. 32, Sched. A, s. 42. Exclusion (2) Subsection (1) does not apply to land used as a parking lot.  2002, c. 17, Sched. A, s. 20. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 20 - 01/01/2003 2006, c. 32, Sched. A, s. 42 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
101.
101 (1) If a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.  2006, c. 32, Sched. A, s. 43. Entry on land (2) A municipality may enter on land at reasonable times for the purposes described in subsection (1).  2006, c. 32, Sched. A, s. 43. Signs (3) If signs are erected on land specifying conditions on which a motor vehicle may be parked or left on the land or regulating or prohibiting the parking or leaving of a motor vehicle on the land, a motor vehicle parked or left on the land contrary to the conditions or prohibition shall be deemed to have been parked or left without consent.  2001, c. 25, s. 101 (3). Enforcement (4) If it is alleged in a proceeding that a by-law referred to in this section has been contravened, the oral or written evidence of a police officer, police cadet or municipal law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it in respect of, (a)  the ownership or occupancy of the land; (b)  the absence of the consent of the owner or occupant; and (c)  whether any person is an occupant or is an owner.  2001, c. 25, s. 101 (4). No notice (5) Written evidence under subsection (4) shall be admitted without notice under the Evidence Act.  2001, c. 25, s. 101 (5). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 21 - 01/01/2003 2006, c. 32, Sched. A, s. 43 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
102.
102 (1) If a municipality passes a by-law for establishing a system of accessible parking, the sole manner of identifying vehicles shall be an accessible parking permit issued and displayed in accordance with the Highway Traffic Act
and the regulations made under it.  2009, c. 33, Sched. 26, s. 5 (1). Designated parking spaces (2) Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying an accessible parking permit and if it does so, the local municipality shall prescribe the conditions of use of the accessible parking permit and shall prohibit the improper use of the permit.  2009, c. 33, Sched. 26, s. 5 (1). Removal of vehicle (3) A by-law passed in accordance with subsection (2) may provide for the removal and impounding of any vehicle, at its owner’s expense, parked or left contrary to the by-law.  2006, c. 32, Sched. A, s. 44. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 44 - 01/01/2007 2009, c. 33, Sched. 26, s. 5 (1) - 15/12/2009
PART III SPECIFIC MUNICIPAL POWERS
102.1
102.1 (1) Without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles.  2006, c. 32, Sched. A, s. 45. Limitation (2) Despite subsection (1), the municipality does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by-laws respecting the parking, standing or stopping of vehicles until a regulation is made under subsection (3).  2006, c. 32, Sched. A, s. 45. Regulations (3) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including, (a)  granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties; (b)  imposing conditions and limitations on a municipality’s powers with respect to administrative penalties; (c)  providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to a municipality.  2006, c. 32, Sched. A, s. 45. Conflict (4) In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails.  2006, c. 32, Sched. A, s. 45. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 45 - 01/01/2007 Animals
PART III SPECIFIC MUNICIPAL POWERS
103.
103 (1) If a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, it may provide for, (a)  the seizure and impounding of animals being at large or trespassing contrary to the by-law; and (b)  the sale of impounded animals, (i)  if they are not claimed within a reasonable time, (ii)  if the expenses of the municipality respecting the impounding of the animals are not paid, or (iii)  at such time and in such manner as is provided in the by-law. (c)  Repealed:  2006, c. 32, Sched. A, s. 46 (1). 2001, c. 25, s. 103 (1); 2006, c. 32, Sched. A, s. 46 (1). Definition (2) In this section, “animal” has the same meaning as in section 11.1.  2006, c. 32, Sched. A, s. 46 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 46 (1, 2) - 01/01/2007 104 Repealed:  2006, c. 32, Sched. A, s. 47. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 47 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
105.
105 (1) If a municipality requires the muzzling of a dog under any circumstances, the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to determine whether or not to exempt the owner in whole or in part from the requirement.  2002, c. 17, Sched. A, s. 22 (1). Conditions (2) An exemption may be granted subject to such conditions as council considers appropriate.  2001, c. 25, s. 105 (2). (3) Repealed:  2006, c. 32, Sched. A, s. 48. Request does not stay requirement (4) A request of the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirement.  2001, c. 25, s. 105 (4); 2002, c. 17, Sched. A, s. 22 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 22 (1, 2) - 01/01/2003 2006, c. 32, Sched. A, s. 48 - 01/01/2007 Economic Development Services
PART III SPECIFIC MUNICIPAL POWERS
106.
106 (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose.  2001, c. 25, s. 106 (1). Same (2) Without limiting subsection (1), the municipality shall not grant assistance by, (a)  giving or lending any property of the municipality, including money; (b)  guaranteeing borrowing; (c)  leasing or selling any property of the municipality at below fair market value; or (d)  giving a total or partial exemption from any levy, charge or fee.  2001, c. 25, s. 106 (2). Exception (3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act.  2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 23 (1) - 01/10/2004 2006, c. 23, s. 34 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
107.
107 (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality.  2001, c. 25, s. 107 (1). Loans, guarantees, etc. (2) The power to make a grant includes the power, (a)  to guarantee a loan and to make a grant by way of loan and to charge interest on the loan; (b)  to sell or lease land for nominal consideration or to make a grant of land; (c)  to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council; (c.1)  to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council; (d)  to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council; and (e)  to make donations of foodstuffs and merchandise purchased by the municipality for that purpose.  2001, c. 25, s. 107 (2); 2006, c. 32, Sched. A, s. 49. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 49 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
111.
111 (1) Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may promote the lower-tier municipality for any purpose by the collection and dissemination of information in relation to land it acquired or had entered into a binding agreement to acquire on or before the upper-tier municipality came into existence.  2001, c. 25, s. 111 (1); 2002, c. 17, Sched. A, s. 24 (1); 2006, c. 32, Sched. A, s. 52 (1). Upper-tier may authorize promotion by lower-tier (2) Despite section 11, the upper-tier municipality of Durham may authorize one or more of its lower-tier municipalities to promote the lower-tier municipality for any purpose by the collection and dissemination of information.  2001, c. 25, s. 111 (2); 2002, c. 17, Sched. A, s. 24 (2); 2006, c. 32, Sched. A, s. 52 (2). Conditions (3) An authorization under this section may be given on such conditions as the upper-tier municipality considers appropriate.  2001, c. 25, s. 111 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 24 (1, 2) - 01/01/2003 2006, c. 32, Sched. A, s. 52 (1, 2) - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
112.
112 Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence.  2006, c. 32, Sched. A, s. 53. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 25 - 01/01/2003 2006, c. 32, Sched. A, s. 53 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
113.
113 Without limiting sections 9, 10 and 11, a local municipality may, (a)  establish, maintain and operate a farmers market, a flea market and other similar types of markets; and (b)  regulate a farmers market, a flea market and other similar types of markets of any person including regulating the hours of operation of a market.  2001, c. 25, s. 113; 2006, c. 32, Sched. A, s. 54. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 54 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
114.
114 Without limiting sections 9, 10 and 11, a municipality may establish, maintain and operate agricultural, horticultural, commercial or industrial exhibitions.  2001, c. 25, s. 114; 2006, c. 32, Sched. A, s. 55. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 55 - 01/01/2007 Health, Safety and Nuisance