hordruma/ontario_laws_and_regs huggingface dataset:
PART VI PRACTICES AND PROCEDURES
254.
254 (1) A municipality shall retain and preserve the records of the municipality and its local boards in a secure and accessible manner and, if a local board is a local board of more than one municipality, the affected municipalities are jointly responsible for complying with this subsection.  2001, c. 25, s. 254 (1). Same, local boards (2) Despite subsection (1), a local board that has ownership and control of its records shall retain and preserve the records in a secure and accessible manner.  2001, c. 25, s. 254 (2). Agreement (3) If a municipality or a local board has a duty to retain and preserve records under this section, the municipality or local board may enter into an agreement for archival services with respect to the records, but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the municipality shall not enter into such an agreement unless the other municipalities, if any, with whom the municipality has joint duty to retain and preserve the records also are party to the agreement.  2006, c. 32, Sched. A, s. 108. Effect of transfer (4) Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board of the municipality if the local board falls within the definition of or is designated as an institution under that Act.  2006, c. 32, Sched. A, s. 108. Duties (5) A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.  2006, c. 32, Sched. A, s. 108. Role of municipality, local board (6) A municipality and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5).  2006, c. 32, Sched. A, s. 108. (7), (8) Repealed:  2006, c. 32, Sched. A, s. 108. Interpretation (9) In this section, the requirement to retain and preserve records in an accessible manner means that the records can be retrieved within a reasonable time and that the records are in a format that allows the content of the records to be readily ascertained by a person inspecting the records.  2001, c. 25, s. 254 (9). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 108 - 01/01/2007
PART VI PRACTICES AND PROCEDURES
255.
255 (1) Except as otherwise provided, a record of a municipality or local board may only be destroyed in accordance with this section.  2001, c. 25, s. 255 (1). Destruction of records (2) Despite section 254, a record of a municipality or a local board may be destroyed if a retention period for the record has been established under this section and, (a)  the retention period has expired; or (b)  the record is a copy of the original record.  2001, c. 25, s. 255 (2); 2006, c. 32, Sched. A, s. 109 (1). Retention periods (3) A municipality may establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved in accordance with section 254.  2001, c. 25, s. 255 (3); 2017, c. 10, Sched. 1, s. 29 (1). Joint local boards (4) Despite subsection (3), if a local board is a local board of more than one municipality, a majority of the affected municipalities may establish retention periods during which the records of the local board must be retained and preserved in accordance with section 254.  2001, c. 25, s. 255 (4); 2017, c. 10, Sched. 1, s. 29 (2). Records transferred (5) Subsections (1) to (4) continue to apply to records transferred to a person under section 254.  2001, c. 25, s. 255 (5); 2006, c. 32, Sched. A, s. 109 (2). Interpretation (6) In this section, “record” does not include a record of a police services board that is directly related to any law enforcement activity with respect to a person or body.  2001, c. 25, s. 255 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “record” in subsection 255 (6) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 33 (9)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 109 (1, 2) - 01/01/2007 2017, c. 10, Sched. 1, s. 29 (1, 2) - 30/05/2017 2018, c. 3, Sched. 5, s. 35 (9) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (9) - not in force Eligibility
PART VI PRACTICES AND PROCEDURES
256.
256 Every person is qualified to be elected or to hold office as a member of a council of a local municipality, (a)  who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and (b)  who is not disqualified by this or any other Act from holding the office.  2001, c. 25, s. 256.
PART VI PRACTICES AND PROCEDURES
257.
257 Every person is qualified to be elected or to hold office as a member of a council of an upper-tier municipality, (a)  who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and (b)  who is not disqualified by this or any other Act from holding the office.  2001, c. 25, s. 257.
PART VI PRACTICES AND PROCEDURES
258.
258 (1) The following are not eligible to be elected as a member of a council or to hold office as a member of a council: 1.  Except in accordance with section 30 of the Municipal Elections Act, 1996, i.  an employee of the municipality, ii.  a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or iii.  a person who is not an employee of the municipality but who holds any administrative position of the municipality. 2.  A judge of any court. 3.  A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada. 4.  Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.  2001, c. 25, s. 258 (1); 2006, c. 32, Sched. A, s. 110; 2006, c. 35, Sched. C, s. 86. Disqualification (2) A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she, (a)  ceases to be a Canadian citizen; (b)  is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality, in the case of a member of council of a local municipality, or in a lower-tier municipality within the upper-tier municipality, in the case of a member of council of an upper-tier municipality; or (c)  would be prohibited under this or any other Act from voting in an election for the office of member of council of the municipality if an election was held at that time.  2001, c. 25, s. 258 (2); 2005, c. 5, s. 44 (3). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 44 (3) - 13/06/2005 2006, c. 32, Sched. A, s. 110 - 01/01/2007; 2006, c. 35, Sched. C, s. 86 - 20/08/2007 Vacancies
PART VI PRACTICES AND PROCEDURES
259.
259 (1) The office of a member of council of a municipality becomes vacant if the member, (a)  becomes disqualified from holding the office of a member of council under section 256, 257 or 258; (b)  fails to make the declaration of office before the deadline in section 232; (c)  is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council; (d)  resigns from his or her office and the resignation is effective under section 260; (e)  is appointed or elected to fill any vacancy in any other office on the same council; (f)  has his or her office declared vacant in any judicial proceeding; (g)  forfeits his or her office under this or any other Act; or (h)  dies, whether before or after accepting office and making the prescribed declarations.  2001, c. 25, s. 259 (1). Exception (1.1) Clause (1) (c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 1, s. 30. Exception (2) Clause (1) (e) does not apply to vacate the office of a member of an upper-tier council when the member is appointed head of council if the composition of council requires or permits the member to hold both offices.  2001, c. 25, s. 259 (2). Dual vacancies (3) If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section, the other office also become vacant.  2001, c. 25, s. 259 (3). Exception (4) Subsection (3) does not apply to vacate an office of a member when another office of the member becomes vacant if the composition of the councils does not require the member to hold both offices.  2001, c. 25, s. 259 (4). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 30 - 30/05/2017
PART VI PRACTICES AND PROCEDURES
260.
260 (1) A member of council of a municipality may resign from office by notice in writing filed with the clerk of the municipality.  2001, c. 25, s. 260 (1). Restriction (2) Despite subsection (1), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum.  2001, c. 25, s. 260 (2).
PART VI PRACTICES AND PROCEDURES
261.
261 (1) Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario.  2001, c. 25, s. 261 (1). Election void (2) If a person is nominated for and his or her name appears on the ballots for more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant.  2001, c. 25, s. 261 (2).
PART VI PRACTICES AND PROCEDURES
262.
262 (1) If the office of a member of a council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings.  2001, c. 25, s. 262 (1). Upper-tier declaration (2) If an upper-tier municipality declares the office of one of its members who also holds office on the council of a local municipality to be vacant, the upper-tier municipality shall immediately forward a copy of its declaration to the council of the local municipality.  2001, c. 25, s. 262 (2). Lower-tier declaration (3) If a local municipality declares the office of one of its members who also holds office on the council of the upper-tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality.  2001, c. 25, s. 262 (3).
PART VI PRACTICES AND PROCEDURES
263.
263 (1) If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section, (a)  fill the vacancy by appointing a person who has consented to accept the office if appointed; or (b)  require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996.  2001, c. 25, s. 263 (1). Dual vacancies (2) If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with subsection (1).  2001, c. 25, s. 263 (2). Court-ordered election (3) If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on a council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996.  2001, c. 25, s. 263 (3). Vacancy, head of council (4) Despite subsections (1) to (3), if the head of council of an upper-tier municipality  is required to be appointed by the members of the upper-tier council, the upper-tier municipality shall fill a vacancy in the office of head of council by appointment in the same manner as the head was originally appointed.  2001, c. 25, s. 263 (4). Rules applying to filling vacancies (5) The following rules apply to filling vacancies: 1.  Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall, i.  appoint a person to fill the vacancy under subsection (1) or (4), or ii.  pass a by-law requiring a by-election be held to fill the vacancy under subsection (1). 2.  Despite paragraph 1, if a court declares an office to be vacant, the council shall act under subsection (1) or (4) within 60 days after the day the court makes its declaration. 3.  Despite subsections (1) to (4), if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy.  2001, c. 25, s. 263 (5).
PART VI PRACTICES AND PROCEDURES
265.
265 (1) Any elector entitled to vote at the election of members of a council may apply to the Superior Court of Justice for a declaration that the office of a member of the council has become vacant in accordance with this Act.  2001, c. 25, s. 265 (1). Judicial finding (2) If the court finds that the office of a member of the council has become vacant, it may order the member removed from office and declare the office vacant.  2001, c. 25, s. 265 (2). Application of S.O. 1996, c. 32 (3) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act.  2001, c. 25, s. 265 (3). Combined application (4) The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed of together.  2001, c. 25, s. 265 (4).
PART VI PRACTICES AND PROCEDURES
266.
266 (1) If the council of a municipality is unable to hold a meeting for a period of 60 days because of a failure to obtain a quorum, the Minister may by order declare all the offices of the members of the council to be vacant and a by-election shall be held in accordance with the Municipal Elections Act, 1996.  2002, c. 17, Sched. A, s. 45 (1). Timing (2) The 60-day period referred to in subsection (1) commences on the day of the first meeting that could not be held because of a failure to obtain a quorum.  2001, c. 25, s. 266 (2). Interim order (3) Where the Minister makes an order under subsection (1), or the offices of a majority of the members of a council are for any reason declared vacant, the Minister may by order exercise or appoint one or more persons to exercise the duties and obligations of the council until such time as a by-election is held in accordance with the Municipal Elections Act, 1996, and the members so elected have taken office.  2001, c. 25, s. 266 (3); 2002, c. 17, Sched. A, s. 45 (2). Not regulation (4) An order of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 45 (1, 2) - 01/01/2003 2006, c. 21, Sched. F, s. 120 (4) - 25/07/2007
PART VI PRACTICES AND PROCEDURES
267.
267 (1) If a person who is a member of the councils of a local municipality and its upper-tier municipality is unable to act as a member of those councils for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council to act in place of the member until the member is able to resume acting as a member of those councils.  2001, c. 25, s. 267 (1). Alternate member (2) If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant and the vacancies will not be filled for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council until the vacancies are filled permanently.  2001, c. 25, s. 267 (2). Exception (3) This section does not authorize the appointment of an alternate head of council of the upper-tier municipality.  2001, c. 25, s. 267 (3).
PART VI PRACTICES AND PROCEDURES
268.
268 (1) Subject to subsection (2), the council of a local municipality may appoint one of its members as an alternate member of the upper-tier council, to act in place of a person who is a member of the councils of the local municipality and its upper-tier municipality, when the person is unable to attend a meeting of the upper-tier council for any reason. 2017, c. 10, Sched. 1, s. 31. Limitation (2) Subsection (1) does not authorize, (a)  the appointment of more than one alternate member during the term of council; (b)  the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or (c)  the appointment of an alternate head of council of the upper-tier municipality. 2017, c. 10, Sched. 1, s. 31. Other temporary replacement (3) Despite clause (2) (a), if the seat of the member who has been appointed as an alternate member under subsection (1) becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term. 2017, c. 10, Sched. 1, s. 31. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 111 - 01/01/2007 2017, c. 10, Sched. 1, s. 31 - 01/01/2018 Policies
PART VI PRACTICES AND PROCEDURES
269.
269 (1) In section 270, “local board” means, (a)   a local board as defined in section 1, excluding a police services board and a hospital board, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “local board” in subsection 269 (1) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 33 (10)) (b)  a local services board, a local roads board and any other board, commission or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory, excluding a school board, a hospital board and a conservation authority, (c)  a district social services administration board, (d)  a local housing corporation as defined in the Housing Services Act, 2011, despite clause 26 (b) of that Act, and (e)  any other prescribed body performing a public function.  2001, c. 25, s. 269 (1); 2006, c. 32, Sched. A, s. 112; 2011, c. 6, Sched. 1, s. 187 (3); 2019, c. 14, Sched. 7, s. 14 (2). Regulations (2) The Minister may make regulations prescribing bodies which fall within the definition of “local board” in subsection (1).  2001, c. 25, s. 269 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 112 - 01/01/2007 2011, c. 6, Sched. 1, s. 187 (3) - 01/01/2012 2018, c. 3, Sched. 5, s. 35 (10) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (10) - not in force; 2019, c. 14, Sched. 7, s. 14 (2) - 10/12/2019
PART VI PRACTICES AND PROCEDURES
270.
270 (1) A municipality shall adopt and maintain policies with respect to the following matters: 1.  Its sale and other disposition of land. 2.  Its hiring of employees. 2.1  The relationship between members of council and the officers and employees of the municipality. 3.  Its procurement of goods and services. 4.  The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. 5.  The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. 6.  The delegation of its powers and duties. 7.  The manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality. 8.  Pregnancy leaves and parental leaves of members of council. 2006, c. 32, Sched. A, s. 113; 2017, c. 10, Sched. 1, s. 32. Policies of local boards (2) A local board shall adopt and maintain policies with respect to the following matters: 1.  Its sale and other disposition of land. 2.  Its hiring of employees. 3.  Its procurement of goods and services.  2006, c. 32, Sched. A, s. 113. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 113 - 01/01/2008 2017, c. 10, Sched. 1, s. 32 - 01/03/2019 Integrated Planning for Service Delivery
PART VI PRACTICES AND PROCEDURES
271.
271 The Minister may make regulations prescribing actions that municipalities must take which, in the opinion of the Minister, are necessary or desirable to support the integration of planning for municipal service delivery with planning for service delivery by other public bodies or by other persons. 2017, c. 10, Sched. 1, s. 33. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 113 - 01/01/2008 2017, c. 10, Sched. 1, s. 33 - 30/05/2017 Quashing By-laws
PART VI PRACTICES AND PROCEDURES
273.
273 (1) Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality.  2001, c. 25, s. 273 (1). Definition (2) In this section, “by-law” includes an order or resolution.  2001, c. 25, s. 273 (2). Inquiry (3) If an application to quash alleges a contravention of subsection 90 (3) of the Municipal Elections Act, 1996, the Superior Court of Justice may direct an inquiry into the alleged contravention to be held before an official examiner or a judge of the court, and the evidence of the witnesses in the inquiry shall be given under oath and shall form part of the evidence in the application to quash.  2001, c. 25, s. 273 (3). Other cases (4) The court may direct that nothing shall be done under the by-law until the application is disposed of.  2001, c. 25, s. 273 (4). Timing (5) An application to quash a by-law in whole or in part, subject to section 415, shall be made within one year after the passing of the by-law.  2001, c. 25, s. 273 (5). Judicial Investigation