hordruma/ontario_laws_and_regs huggingface dataset:
PART V MUNICIPAL REORGANIZATION
204.
204 (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a)  to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b)  to promote the area as a business or shopping area.  2001, c. 25, s. 204 (1). Corporation (2) A board of management is a corporation consisting of the number of directors established by the municipality.  2001, c. 25, s. 204 (2). Local board status (2.1) A board of management is a local board of the municipality for all purposes.  2006, c. 32, Sched. A, s. 89. Composition (3) A board of management shall be composed of, (a)  one or more directors appointed directly by the municipality; and (b)  the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality.  2001, c. 25, s. 204 (3). Membership (4) Members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property.  2001, c. 25, s. 204 (4). Determining tenancy (5) In determining whether a person is a tenant or not, the clerk of the municipality may accept a list provided under clause 210 (2) (b) or the declaration of a person that the person is a tenant and the determination of the clerk is final.  2001, c. 25, s. 204 (5). One vote (6) Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area.  2001, c. 25, s. 204 (6). Nominee (7) A corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation.  2001, c. 25, s. 204 (7). Joint nominee (8) Subject to subsection (6), one individual may be nominated for voting purposes by two or more corporations that are members of an improvement area.  2001, c. 25, s. 204 (8). Refusal to appoint (9) The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality’s consideration.  2001, c. 25, s. 204 (9). Term (10) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed.  2001, c. 25, s. 204 (10). Reappointment (11) Directors are eligible for reappointment.  2001, c. 25, s. 204 (11). Vacancies (12) Subject to subsection (9), if a vacancy occurs for any cause, the municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the improvement area.  2001, c. 25, s. 204 (12). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 89 - 01/01/2007
PART V MUNICIPAL REORGANIZATION
205.
205 (1) A board of management shall prepare a proposed budget for each fiscal year by the date and in the form required by the municipality and shall hold one or more meetings of the members of the improvement area for discussion of the proposed budget.  2002, c. 17, Sched. A, s. 40 (1). Council to approve (2) A board of management shall submit the budget to council by the date and in the form required by the municipality and the municipality may approve it in whole or in part but may not add expenditures to it.  2001, c. 25, s. 205 (2); 2002, c. 17, Sched. A, s. 40 (2). Limitations (3) A board of management shall not, (a)  spend any money unless it is included in the budget approved by the municipality or in a reserve fund established under section 417; (b)  incur any indebtedness extending beyond the current year without the prior approval of the municipality; or (c)  borrow money.  2001, c. 25, s. 205 (3). Limitations on power (4) Sections 401 and 474.10.13 apply to the municipality’s approval under clause (3) (b) in the same manner as if it were incurring a debt of the municipality.  2001, c. 25, s. 205 (4); 2017, c. 23, Sched. 5, s. 48; 2021, c. 4, Sched. 6, s. 64 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 40 (1, 2) - 01/01/2003 2017, c. 23, Sched. 5, s. 48 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (3) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
206.
206 A board of management shall give reasonable notice to the general membership of the improvement area of a meeting to hold a vote under clause 204 (3) (b) or for the purposes of a discussion under subsection 205 (1).  2001, c. 25, s. 206; 2002, c. 17, Sched. A, s. 41. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 41 - 01/01/2003
PART V MUNICIPAL REORGANIZATION
207.
207 (1) A board of management shall submit its annual report for the preceding year to council by the date and in the form required by the municipality and the report shall include audited financial statements.  2001, c. 25, s. 207 (1). Auditor (2) The municipal auditor is the auditor of each board of management and may inspect all records of the board.  2001, c. 25, s. 207 (2).
PART V MUNICIPAL REORGANIZATION
210.
210 (1) Before passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208 (3) or section 209, notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a)  where the improvement area already exists, in the improvement area and in any geographic area the proposed by-law would add to the improvement area; and (b)  where a new improvement area would be created by the proposed by-law, in the proposed improvement area.  2001, c. 25, s. 210 (1). When notice received (2) A person who receives a notice under subsection (1) shall, within 30 days after the notice is mailed, (a)  give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and (b)  give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes that each tenant is required to pay and the share that the person is required to pay.  2001, c. 25, s. 210 (2). Objections (3) A municipality shall not pass a by-law referred to in subsection (1) if, (a)  written objections are received by the clerk of the municipality within 60 days after the last day of mailing of the notices; (b)  the objections have been signed by at least one-third of the total number of persons entitled to notice under subsection (1) and under clause (2) (a); and (c)  the objectors are responsible for, (i)  in the case of a proposed addition to an existing improvement area, (A)  at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or (B)  at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed by-law would add to the existing improvement area, or (ii)  in all other cases, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 210 (3). Withdrawal of objections (4) If sufficient objections are withdrawn in writing within the 60-day period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or (c) no longer apply, the municipality may pass the by-law.  2001, c. 25, s. 210 (4). Determination by clerk (5) The clerk shall determine whether the conditions set out in subsection (3) have been met and, if they are, shall issue a certificate affirming that fact.  2001, c. 25, s. 210 (5). Determination final (6) The determination by the clerk is final.  2001, c. 25, s. 210 (6).
PART V MUNICIPAL REORGANIZATION
211.
211 (1) Council shall give notice in accordance with subsection 210 (1) of a proposed by-law to repeal a by-law under subsection 204 (1) if the municipality has received, (a)  a resolution from the board of management requesting the repeal; or (b)  a request for the repeal signed by persons who are responsible for at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 211 (1). Statement (2) A person signing a request under clause (1) (b) shall state what amount of taxes on rateable property in the area that the person is required to pay.  2001, c. 25, s. 211 (2). Time (3) Council shall give the notice within 60 days after receiving the resolution or request.  2001, c. 25, s. 211 (3). Repeal (4) Council shall repeal the by-law under subsection 204 (1) if requests for the repeal are received by the clerk of the municipality within 60 days after the last day of mailing of the notices and, (a)  the requests have been signed by at least one-half of the total number of persons entitled to notice under subsection 210 (1) and under clause 210 (2) (a); and (b)  those who have signed the requests are responsible for at least 50 per cent of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 211 (4). Timing (5) The repealing by-law must come into force on or before December 31 of the year in which it is passed.  2001, c. 25, s. 211 (5). Requests withdrawn (6) If sufficient requests are withdrawn in writing within the 60-day period referred to in subsection (4) so that either condition set out in that subsection no longer applies, the municipality is not required to repeal the by-law.  2001, c. 25, s. 211 (6). Determination by clerk (7) The clerk shall determine whether the conditions set out in clause (1) (b) and subsection (4) have been met and, if so, shall issue a certificate affirming that fact.  2001, c. 25, s. 211 (7). Determination final (8) The determination by the clerk is final.  2001, c. 25, s. 211 (8). Restriction (9) If the conditions of subsection (4) are not satisfied, council is not required to give notice under subsection (1) in response to a resolution or request for a period of two years after the last mailing of the notices.  2001, c. 25, s. 211 (9). Non-application (10) No requirement under this section or under section 210 applies to the repeal by a municipality on its own initiative of a by-law under subsection 204 (1).  2001, c. 25, s. 211 (10).
PART V MUNICIPAL REORGANIZATION
212.
212 A by-law passed under subsection 204 (1), subsection 208 (2) or (3), section 209 or subsection 211 (4) is not invalid by reason only that, (a)  a person required to give a copy of a notice to a tenant or other information to the municipality under subsection 210 (2) has not done so; (b)  the objections referred to in clause 210 (3) (b) have not been signed by at least one-third of the total number of persons entitled to receive notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so; or (c)  the requests referred to in clause 211 (4) (a) have not been signed by at least one-half of the total number of persons entitled to notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so.  2001, c. 25, s. 212.
PART V MUNICIPAL REORGANIZATION
213.
213 For the purposes of clauses 210 (3) (c) and 211 (1) (b), subsection 211 (2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part of the taxes that the tenant is required to pay under the tenant’s lease or under sections 367 and 368.  2001, c. 25, s. 213.
PART V MUNICIPAL REORGANIZATION
214.
214 (1) Upon the repeal of a by-law under subsection 204 (1), the board of management is dissolved and the assets and liabilities of the board become the assets and liabilities of the municipality.  2001, c. 25, s. 214 (1). Liabilities exceed assets (2) If the liabilities assumed under subsection (1) exceed the assets assumed, the council may recover the difference by imposing a charge on all rateable property in the former improvement area that is in a prescribed business property class.  2001, c. 25, s. 214 (2).
PART V MUNICIPAL REORGANIZATION
217.
217 (1) Without limiting sections 9, 10 and 11, those sections authorize a local municipality to change the composition of its council subject to the following rules: 1.  There shall be a minimum of five members, one of whom shall be the head of council. 2.  The members of council shall be elected in accordance with the Municipal Elections Act, 1996. 3.  The head of council shall be elected by general vote. 4.  The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards. 5.  The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section.  2001, c. 25, s. 217 (1); 2006, c. 32, Sched. A, s. 92 (1). (2) Repealed:  2006, c. 32, Sched. A, s. 92 (2). Coming into force (3) A by-law described in this section does not come into force until the day the new council is organized, (a)  after the first regular election following the passing of the by-law; or (b)  if the by-law is passed in the year of a regular election before voting day, after the second regular election following the passing of the by-law.  2001, c. 25, s. 217 (3); 2006, c. 32, Sched. A, s. 92 (3). Election (4) The regular election held immediately before the coming into force of a by-law described in this section shall be conducted as if the by-law was already in force.  2001, c. 25, s. 217 (4); 2006, c. 32, Sched. A, s. 92 (4). Term unaffected (5) Nothing in this section authorizes a change in the term of office of a member of council.  2001, c. 25, s. 217 (5). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 92 (1-4) - 01/01/2007
PART V MUNICIPAL REORGANIZATION
218.1
218.1 (1) On the day the new council is organized following the regular election in 2018, the head of council of the following regional municipalities shall be appointed by the members of council: 1.  The District Municipality of Muskoka. 2.  The Regional Municipality of Niagara. 3.  The Regional Municipality of Peel. 4.  The Regional Municipality of York. 2018, c. 11, Sched. 2, s. 2. General vote (2) On the day the new council is organized following the regular election in 2018, the head of council of the following regional municipalities shall be elected by general vote in accordance with the Municipal Elections Act, 1996: 1.  The Regional Municipality of Durham. 2.  The Regional Municipality of Halton. 3.  The Regional Municipality of Waterloo. 2018, c. 11, Sched. 2, s. 2. Conduct of 2018 regular election (3) The regular election in 2018 shall be conducted as if the method of selecting the head of council described in subsection (1) or (2), as applicable, was already in effect. 2018, c. 11, Sched. 2, s. 2. Regulations (4) The Minister may make regulations that, in the opinion of the Minister, are advisable or necessary for implementing the purposes of this section and, without restricting the generality of the foregoing, the Minister may make regulations, (a)  varying the operation of any provision of this Act for those purposes; (b)  governing transitional matters that arise out of the implementation of this section. 2018, c. 11, Sched. 2, s. 2. Retroactivity (5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 2, s. 2. Conflict (6) In the event of a conflict between a regulation made under subsection (4) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (4) prevails. 2018, c. 11, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 15, s. 2 - 08/12/2016 2018, c. 11, Sched. 2, s. 2 - 14/08/2018
PART V MUNICIPAL REORGANIZATION
218.2
218.2 Nothing in section 218.1 limits the power of a municipality referred to in subsection 218.1 (1) or (2) to change the method of selecting its head of council under section 218 for any regular election after 2018. 2018, c. 11, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 2, s. 2 - 14/08/2018
PART V MUNICIPAL REORGANIZATION
218.3
218.3 (1) For the term of office beginning in 2022, the Minister may, by order, appoint and fix the duration of the term of the head of council of the following municipalities: 1.  The Regional Municipality of Niagara. 2.  The Regional Municipality of Peel. 3.  The Regional Municipality of York. 2022, c. 24, Sched. 3, s. 1. Effect of order (2) An order made under subsection (1) takes effect on the date and at the time specified in the order. 2022, c. 24, Sched. 3, s. 1. Previous appointment ceases to have effect (3) If the Minister makes an order appointing a head of council under subsection (1) and, on the day the order takes effect, a head of council has been appointed by the members of council, the appointment by the members of the council ceases to have effect as of that day. 2022, c. 24, Sched. 3, s. 1. Deemed to be member of council (4) A person appointed by the Minister under subsection (1) to be the head of council is deemed to also be a member of council.
2022, c. 24, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 3, s. 1 - 20/12/2022
PART V MUNICIPAL REORGANIZATION
218.4
218.4 If the Minister makes an order under subsection 218.3 (1), the Minister shall, (a)  publish the order in The Ontario Gazette; and (b)  as soon as possible after the order is made, provide a copy of the order to the municipality to which it relates. 2022, c. 24, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 3, s. 1 - 20/12/2022
PART V MUNICIPAL REORGANIZATION
218.5
218.5 (1) The Minister may make regulations, (a)  governing the appointment of a head of council under subsection 218.3 (1), including, (i)  prescribing rules to facilitate the transition of the head of council appointed under subsection 218.3 (1); (ii)  prescribing powers and duties of the head of council appointed under subsection 218.3 (1); (b)  providing for modifications to this Act, the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996, or the regulations made under any of those Acts, as are necessary for the implementation of section 218.3 of this Act or any regulations made under clause (a) of this subsection. 2022, c. 24, Sched. 3, s. 1. Retroactivity (2) A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it was filed, but not earlier than six months before the date the regulation was made. 2022, c. 24, Sched. 3, s. 1. Conflict, regulation made under cl. (1) (b) (3) A regulation made under clause (1) (b) prevails to the extent of a conflict between a provision of the regulation and any provision of, (a)  this Act or a regulation made under it; or (b)  the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996 or of a regulation made under those Acts. 2022, c. 24, Sched. 3, s. 1. Same (4) The conflict provision in subsection (3) prevails over any other conflict provision in the this Act, the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996. 2022, c. 24, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 3, s. 1 - 20/12/2022
PART V MUNICIPAL REORGANIZATION
218.6
218.6 Nothing in section 218.3 limits the power of a municipality referred to in subsection 218.3 (1) to change the method of selecting its head of council under section 218 for any regular election after 2022. 2022, c. 24, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 3, s. 1 - 20/12/2022 Notice, validity and commencement, by-law or resolution under s. 218
PART V MUNICIPAL REORGANIZATION
219.
219 (1) Before passing a by-law described in section 218 or a resolution described in clause 218 (7) (b), the municipality shall give notice of its intention to pass the by-law or resolution and shall hold at least one public meeting to consider the matter. 2017, c. 10, Sched. 1, s. 15. Validity (2) A by-law described in section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) or a resolution described in clause 218 (7) (b) is not valid unless, (a)  a majority of all votes on the upper-tier council are cast in favour of the by-law or the resolution; (b)  a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law or the resolution; and (c)  the total number of electors in the lower-tier municipalities that have passed resolutions consenting to the by-law or the resolution form a majority of all the electors in the upper-tier municipality. 2017, c. 10, Sched. 1, s. 15. Commencement (3) A by-law described in section 218 does not come into force until the day the new council is organized following, (a)  the first regular election following the passing of the by-law; or (b)  if the by-law is passed in the year of a regular election before voting day, the second regular election following the passing of the by-law. 2017, c. 10, Sched. 1, s. 15. Election (4) The regular election held immediately before the coming into force of a by-law described in section 218 shall be conducted as if the by-law was already in force. 2017, c. 10, Sched. 1, s. 15. Definition (5) In this section, “elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law described in section 218. 2017, c. 10, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 94 (1-3) - 01/01/2007 2017, c. 10, Sched. 1, s. 15 - 01/01/2018
PART V MUNICIPAL REORGANIZATION
219.1
219.1 (1) A regulation made under subsection 218 (7) does not begin to apply until the day the new council is organized following, (a)  the first regular election following the making of the regulation; or (b)  if the regulation is made in the year of a regular election before voting day, the second regular election following the making of the regulation. 2017, c. 10, Sched. 1, s. 15. Election (2) The regular election held immediately before a regulation made under subsection 218 (7) begins to apply shall be conducted as if the regulation already applied. 2017, c. 10, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 15 - 01/01/2018
PART V MUNICIPAL REORGANIZATION
219.2
219.2 If a regulation has been made under subsection 218 (7), the regional municipality that the regulation applies to shall not pass a by-law described in section 218 until after the day the regulation begins to apply. 2017, c. 10, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 15 - 01/01/2018
PART V MUNICIPAL REORGANIZATION
219.3
219.3 In the event of a conflict between a regulation made under subsection 218 (7) and a by-law described in section 218 that comes into force on a day after the day the regulation begins to apply, the by-law prevails. 2017, c. 10, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 15 - 01/01/2018
PART V MUNICIPAL REORGANIZATION
220.
220 Without limiting sections 9, 10 and 11, those sections authorize a municipality to change the titles for its head of council and other members of its council.  2006, c. 32, Sched. A, s. 95. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 95 - 01/01/2007