hordruma/ontario_laws_and_regs huggingface dataset:
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.20
223.20 (1) The municipality, its local boards and the municipally-controlled corporations and grant recipients referred to in subsection 223.19 (3) shall give the Auditor General such information regarding their powers, duties, activities, organization, financial transactions and methods of business as the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 32, Sched. A, s. 98. Access to records (2) The Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality, the local board, the municipally-controlled corporation or the grant recipient, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 32, Sched. A, s. 98. No waiver of privilege (3)  A disclosure to the Auditor General under subsection (1) or (2) does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.21
223.21 (1) The Auditor General may examine any person on oath on any matter pertinent to an audit or examination under this Part.  2006, c. 32, Sched. A, s. 98. Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an examination by the Auditor General.  2009, c. 33, Sched. 6, s. 72 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2009, c. 33, Sched. 6, s. 72 (3) - 01/06/2011
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.22
223.22 (1) The Auditor General and every person acting under the instructions of the Auditor General shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98. Same (2) Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required, (a)  in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or (b)  under the Criminal Code
(Canada).  2006, c. 32, Sched. A, s. 98. Same (3) A person required to preserve secrecy under subsection (1) shall not disclose any information or document disclosed to the Auditor General under section 223.20 that is subject to solicitor-client privilege, litigation privilege or settlement privilege unless the person has the consent of each holder of the privilege.  2006, c. 32, Sched. A, s. 98. Section prevails (4) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.23
223.23 Neither the Auditor General nor any person acting under the instructions of the Auditor General is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.24
223.24 The Minister may make regulations prescribing local boards for the purposes of the definition of “local board” in section 223.1.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 PART VI   PRACTICES AND PROCEDURES Municipal Organization and Administration
PART VI PRACTICES AND PROCEDURES
224.
224 It is the role of council, (a)  to represent the public and to consider the well-being and interests of the municipality; (b)  to develop and evaluate the policies and programs of the municipality; (c)  to determine which services the municipality provides; (d)  to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council; (d.1)  to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; (e)  to maintain the financial integrity of the municipality; and (f)  to carry out the duties of council under this or any other Act.  2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 99 - 01/01/2007
PART VI PRACTICES AND PROCEDURES
225.
225 It is the role of the head of council, (a)  to act as chief executive officer of the municipality; (b)  to preside over council meetings so that its business can be carried out efficiently and effectively; (c)  to provide leadership to the council; (c.1)  without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1); (d)  to represent the municipality at official functions; and (e)  to carry out the duties of the head of council under this or any other Act.  2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 100 (1, 2) - 01/01/2007
PART VI PRACTICES AND PROCEDURES
226.1
226.1 As chief executive officer of a municipality, the head of council shall, (a)  uphold and promote the purposes of the municipality; (b)  promote public involvement in the municipality’s activities; (c)  act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and (d)  participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.  2006, c. 32, Sched. A, s. 101. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 101 - 01/01/2007
PART VI PRACTICES AND PROCEDURES
227.
227 It is the role of the officers and employees of the municipality, (a)  to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions; (b)  to undertake research and provide advice to council on the policies and programs of the municipality; and (c)  to carry out other duties required under this or any Act and other duties assigned by the municipality.  2001, c. 25, s. 227.
PART VI PRACTICES AND PROCEDURES
228.
228 (1) A municipality shall appoint a clerk whose duty it is, (a)  to record, without note or comment, all resolutions, decisions and other proceedings of the council; (b)  if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; (c)  to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council; (d)  to perform the other duties required under this Act or under any other Act; and (e)  to perform such other duties as are assigned by the municipality.  2001, c. 25, s. 228 (1). Deputy clerks (2) A municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act.  2001, c. 25, s. 228 (2). Not required to be an employee (3) A clerk or deputy clerk is not required to be an employee of the municipality.  2001, c. 25, s. 228 (3). Delegation (4) The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s powers and duties under this and any other Act.  2001, c. 25, s. 228 (4). Clerk retains powers and duties (5) The clerk may continue to exercise the delegated powers and duties, despite the delegation.  2001, c. 25, s. 228 (5).
PART VI PRACTICES AND PROCEDURES
232.
232 (1) A person shall not take a seat on the council of a municipality, including a person appointed to fill a temporary vacancy on an upper-tier council under section 267 but not including a person appointed to act in place of a head of council under section 242, until the person takes the declaration of office in the English or French version of the form established by the Minister for that purpose.  2001, c. 25, s. 232 (1). Separate declarations (2) Subsection (1) applies even if the person has already taken a declaration of office for another office on the same or a different council.  2001, c. 25, s. 232 (2). Legislation Act, 2006 (2.1) Part III (Regulations) of the Legislation Act, 2006 does not apply to a form established by the Minister under subsection (1).  2006, c. 21, Sched. F, s. 120 (3). Membership on both councils (3) If a person is elected to the councils of both a lower-tier and an upper-tier municipality or is appointed by the council of a lower-tier municipality to the council of an upper-tier municipality, the clerk of the lower-tier municipality shall, immediately after the election or appointment, certify to the clerk of the upper-tier municipality the name of each person so elected or appointed.  2001, c. 25, s. 232 (3). Restriction (4) A person elected or appointed under subsection (3) shall not take the seat on the council of the upper-tier municipality until the clerk of the upper-tier municipality has received the certificate under subsection (3) in respect of that person.  2001, c. 25, s. 232 (4). Condition for conducting business (5) No business shall be conducted at the first meeting of a council until after the declarations of office have been made by all members who present themselves for that purpose.  2001, c. 25, s. 232 (5). Deemed resignation (6) A person shall be deemed to have resigned from an office on the council of a municipality unless the person, (a)  in the case of a regular election or a by-election under section 266, takes the declaration of office with respect to that office on or before the day of the first council meeting of the new council; and (b)  in the case of a by-election or appointment, other than a by-election under section 266, to fill a vacancy on a council, takes the declaration of office with respect to that office on or before the day of the first council meeting after the person is declared to be elected or is appointed.  2001, c. 25, s. 232 (6). Extension (7) Despite subsection (6), the council of a municipality may, before the deadline under subsection (6) has passed, extend the deadline by no more than 30 days.  2001, c. 25, s. 232 (7). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 120 (3) - 25/07/2007
PART VI PRACTICES AND PROCEDURES
233.
233 (1) If the term of office of an appointed head of council of an upper-tier municipality is one year, the council of the upper-tier municipality shall, in each year of its term, appoint the head of council at its first meeting.  2001, c. 25, s. 233 (1). Appointment of head, same term as council (2) If the term of office of an appointed head of council of an upper-tier municipality is the same as the term of council, the council of the upper-tier municipality shall, in the first year of its term, appoint the head of council at its first meeting.  2001, c. 25, s. 233 (2). Restriction (3) No other business shall be conducted at a meeting under subsection (1) or (2) until the head of council is appointed.  2001, c. 25, s. 233 (3). One vote (4) Even though a member of council may have more than one vote in other circumstances, the member only has one vote in the appointment of the head of council.  2001, c. 25, s. 233 (4). Secret ballot (5) The head of council may be appointed by secret ballot.  2001, c. 25, s. 233 (5).
PART VI PRACTICES AND PROCEDURES
234.
234 (1) If a new council of a local municipality after a regular election is required to appoint a member of the new council of the upper-tier municipality, the local municipality shall do so at its first meeting in the first year of its term.  2001, c. 25, s. 234 (1). Restriction (2) No other business shall be conducted at a meeting under subsection (1) until the member is appointed.  2001, c. 25, s. 234 (2).
PART VI PRACTICES AND PROCEDURES
235.
235 (1) The term of office of a person who becomes a member of the council of an upper-tier municipality under subsection 233 (2), section 234 or by virtue of holding an office on the council of a lower-tier municipality is four years beginning on November 15 in the year of a regular election.  2001, c. 25, s. 235 (1); 2006, c. 9, Sched. H, s. 5 (2); 2017, c. 10, Sched. 1, s. 24 (1). Transition (1.1) Despite subsection (1), with respect to the 2018 regular election, the term of office of a person described in that subsection shall begin on December 1, 2018 and end on November 14, 2022. 2017, c. 10, Sched. 1, s. 24 (2). Term, head of council (2) The term of office of a person appointed under subsection 233 (1) to fill the office of head of council of an upper-tier council for the fourth year of the term of office of the upper-tier council continues until the new council is organized following the next regular election.  2001, c. 25, s. 235 (2); 2006, c. 9, Sched. H, s. 5 (3). Section Amendments with date in force (d/m/y) 2006, c. 9, Sched. H, s. 5 (2, 3) - 18/05/2006 2017, c. 10, Sched. 1, s. 24 (1, 2) - 30/05/2017 Location of Meetings and Public Offices
PART VI PRACTICES AND PROCEDURES
236.
236 (1) The council of a municipality shall hold its meetings and keep its public offices within the municipality or an adjacent municipality at a place set out in the municipality’s procedure by-law; however, in the case of an emergency, it may hold its meetings and keep its public offices at any convenient location within or outside the municipality.  2001, c. 25, s. 236 (1). Joint meetings (2) Despite subsection (1), a meeting of the councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in a municipality adjacent to any of them.  2001, c. 25, s. 236 (2). Quorum
PART VI PRACTICES AND PROCEDURES
237.
237 (1) A majority of the members of a municipal council is necessary to form a quorum with the following exceptions: 1.  In the upper-tier municipalities of Durham, Niagara and the County of Oxford, a majority of members representing at least one-half of the lower-tier municipalities is necessary to form a quorum. 2.  In the upper-tier municipalities of Halton, York and The District Municipality of Muskoka, a majority of members representing a majority of the lower-tier municipalities is necessary to form a quorum. 3.  In The Regional Municipality of Peel, a majority of members representing all lower-tier municipalities is necessary to form a quorum.  2001, c. 25, s. 237 (1); 2002, c. 17, Sched. A, s. 44 (1). Variation (2) The council of a municipality referred to in paragraphs 1, 2 and 3 of subsection (1) may reduce its quorum requirement but may not reduce it to less than a majority of its members.  2001, c. 25, s. 237 (2). Waterloo (3) The council of the upper-tier municipality of Waterloo may adopt a different quorum requirement that requires the attendance of more than a majority of its members.  2002, c. 17, Sched. A, s. 44 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 44 (1, 2) - 01/01/2003 Procedure By-law Procedure by-law
PART VI PRACTICES AND PROCEDURES
239.1
239.1 A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken, (a)  by an investigator referred to in subsection 239.2 (1); or (b)  by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1).  2006, c. 32, Sched. A, s. 104. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 104 - 01/01/2008
PART VI PRACTICES AND PROCEDURES
242.
242 A municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality’s procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be, with respect to the role of presiding at meetings.  2006, c. 32, Sched. A, s. 105; 2017, c. 10, Sched. 1, s. 28. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 105 - 01/01/2007 2017, c. 10, Sched. 1, s. 28 - 30/05/2017
PART VI PRACTICES AND PROCEDURES
244.
244 Except as provided in sections 233 and 238, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.  2001, c. 25, s. 244; 2006, c. 32, Sched. A, s. 106. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 106 - 01/01/2007
PART VI PRACTICES AND PROCEDURES
246.
246 (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote.  2001, c. 25, s. 246 (1). Failure to vote (2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.  2001, c. 25, s. 246 (2). By-laws
PART VI PRACTICES AND PROCEDURES
247.
247 (1) The by-laws and resolutions of a municipality shall be passed in English or in both English and French.  2001, c. 25, s. 247 (1). Official plan (2) An official plan adopted by a municipality shall be in English or in both English and French.  2001, c. 25, s. 247 (2). Proceedings (3) Every council and every committee of council may conduct its proceedings in English or French or in both English and French.  2001, c. 25, s. 247 (3). Minutes (4) Despite subsection (3), the minutes of the proceedings shall be kept in English or in both English and French.  2001, c. 25, s. 247 (4). Proviso (5) Nothing in this section, (a)  affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any record in the language or languages specified by or under the Act; or (b)  affects any requirement at law to give reasonable notice.  2001, c. 25, s. 247 (5). Translations (6) If a record is submitted by a municipality to a provincial ministry in French, the municipality shall, at the request of the minister of that ministry, supply an English translation of it.  2001, c. 25, s. 247 (6).
PART VI PRACTICES AND PROCEDURES
248.
248 If a council passes a comprehensive general by-law that consolidates and includes the provisions of any by-law previously passed by the council, (a)  the provisions in the comprehensive general by-law shall be deemed to have come into force on the day the original by-law came into force; and (b)  any condition or approval required by law to the making of the original by-law shall, where such condition was satisfied or approval obtained, be deemed to have been satisfied or obtained in respect of the corresponding provision in the comprehensive general by-law.  2001, c. 25, s. 248.
PART VI PRACTICES AND PROCEDURES
249.
249 (1) Every by-law of a municipality, (a)  shall be under the seal of the corporation; and (b)  shall be signed by the clerk and by the head of council or presiding officer at the meeting at which the by-law was passed.  2001, c. 25, s. 249 (1). Failure to seal (2) If by oversight the seal of the corporation was not affixed to a by-law, it may be affixed at any time afterwards and when so affixed, the by-law is as valid as if it had been originally sealed.  2001, c. 25, s. 249 (2).
PART VI PRACTICES AND PROCEDURES
250.
250 (1) Where by this or any other Act a by-law may be passed by a council upon the application of a prescribed number of electors or inhabitants of the municipality or geographic area, the by-law shall not be finally passed until the clerk has certified that the application was sufficiently signed.  2001, c. 25, s. 250 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an inquiry into the sufficiency of the application by the clerk.  2009, c. 33, Sched. 6, s. 72 (4). Effect of certificate (3) The certificate of the clerk is conclusive that the application was sufficiently signed.  2001, c. 25, s. 250 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 72 (4) - 01/06/2011 251, 252 Repealed:  2006, c. 32, Sched. A, s. 107. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 107 - 01/01/2008 Records
PART VI PRACTICES AND PROCEDURES
253.
253 (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including, (a)  by-laws and resolutions of the municipality and of its local boards; (b)  minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not; (c)  records considered at a meeting, except those records considered during that part of a meeting that was closed to the public; (d)  the records of the council; (e)  statements of remuneration and expenses prepared under section 284.  2001, c. 25, s. 253 (1). Certified copies (2) Upon request, the clerk shall, within a reasonable time, provide a certified copy under seal of the municipality of any record referred to in subsection (1) to any applicant who pays the fee established by council.  2001, c. 25, s. 253 (2).