hordruma/ontario_laws_and_regs huggingface dataset:
PART VI PRACTICES AND PROCEDURES
274.
274 (1) If a municipality so requests by resolution, a judge of the Superior Court of Justice shall, (a)  investigate any supposed breach of trust or other misconduct of a member of council, an employee of the municipality or a person having a contract with the municipality in relation to the duties or obligations of that person to the municipality; (b)  inquire into any matter connected with the good government of the municipality; or (c)  inquire into the conduct of any part of the public business of the municipality, including business conducted by a commission appointed by the council or elected by the electors.  2001, c. 25, s. 274 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge.  2009, c. 33, Sched. 6, s. 72 (5). Report (3) The judge shall report the results of the investigation or inquiry to the council as soon as practicable.  2001, c. 25, s. 274 (3). Counsel (4) The council may hire counsel to represent the municipality and pay fees for witnesses who are summoned to give evidence at the investigation or inquiry.  2001, c. 25, s. 274 (4). Representation by counsel (5) Any person whose conduct is called into question in the investigation or inquiry may be represented by counsel.  2001, c. 25, s. 274 (5). Costs (6) The judge may engage counsel and other persons to assist in the investigation or inquiry and the costs of engaging those persons and any incidental expenses shall be paid by the municipality.  2001, c. 25, s. 274 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 72 (5) - 01/06/2011 Restricted Acts after Nomination Day
PART VI PRACTICES AND PROCEDURES
278.
278 (1) In sections 279, 280 and 282, “employee” means any salaried officer, or any other person in the employ of the municipality or of a local board and includes, (a)  a member of the police force of the municipality, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “employee” in subsection 278 (1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 33 (11)) (b)  persons that provide their services on behalf of the municipality without remuneration, exclusive of reimbursement of expenses or honoraria, if council of the municipality has passed a by-law designating such persons or classes of persons as employees for the purposes of this section, and (c)  any other person or class of person designated as an employee by the Minister; (“employé”) “former employee” means a person who was formerly an employee of a municipality or local board; (“ancien employé”) “former member” means a person who was formerly a member of a council of a municipality or local board; (“ancien membre”) “local board” means a local board as defined in the Municipal Affairs Act. (“conseil local”)  2001, c. 25, s. 278. Not regulation (2) A designation by 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 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 120 (5) - 25/07/2007 2018, c. 3, Sched. 5, s. 35 (11) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (11) - not in force
PART VI PRACTICES AND PROCEDURES
279.
279 (1) Despite the Insurance Act, a municipality may be or act as an insurer and may exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with respect to the following matters: 1.  Protection against risks that may involve pecuniary loss or liability on the part of the municipality or any local board of the municipality. 2.  The protection of its employees or former employees or those of any local board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees. 3.  Subject to section 14 of the
Municipal Conflict of Interest Act, the protection of the members or former members of the council or of any local board of the municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members. 4.  Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any damages or costs awarded against any of its employees, members, former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees or members, including while acting in the performance of any statutory duty. 5.  Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the employees or members in the action or proceeding.  2001, c. 25, s. 279 (1). Limitation (2) Despite section 387 of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in accordance with section 418, even if section 418.1 applies to one or more of the municipalities.  2001, c. 25, s. 279 (2); 2017, c. 10, Sched. 1, s. 34. Reserve funds (3) The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange, agree in writing and if section 386 of the Insurance Act is complied with.  2001, c. 25, s. 279 (3). Insurance Act does not apply (4) The Insurance Act
does not apply to a municipality acting as an insurer for the purpose of this section.  2001, c. 25, s. 279 (4). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 34 - 01/03/2018
PART VI PRACTICES AND PROCEDURES
280.
280 (1) A municipality may contract for insurance for, pay any part of the premiums for or pay for any part of the damages, risks or costs referred to in subsection 279 (1) for any local board of the municipality or for any of the members, former members, employees or former employees of a local board of a municipality.  2001, c. 25, s. 280 (1). Local board powers (2) A local board of a municipality has the same powers with respect to itself, its members, former members, employees and former employees to contract for insurance, pay premiums for the insurance, be or act as an insurer, exchange reciprocal contracts of indemnity and to pay damages and costs as are conferred upon a municipality by this Act.  2001, c. 25, s. 280 (2). Health Benefits
PART VI PRACTICES AND PROCEDURES
281.
281 (1) Under a plan of sick leave credit gratuities established for employees by a municipality, on the termination of employment, no employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit up to a maximum of one-half year’s earnings at the rate received by him or her immediately before termination of employment.  2001, c. 25, s. 281 (1). Local board (2) Any local board may establish a plan of sick leave credit gratuities for employees or any class of them and this section applies with necessary modifications to the local board.  2001, c. 25, s. 281 (2). Definition (3) In this section, “employee” means “employee” as defined in section 278.  2001, c. 25, s. 281 (3).
PART VI PRACTICES AND PROCEDURES
282.
282 (1) Subject to the Health Insurance Act, a municipality may provide, only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act, (a)  group life insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; (b)  group accident insurance or group sickness insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; and (c)  hospital, medical, surgical, nursing or dental services or payments for those services for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children.  2001, c. 25, s. 282 (1); 2005, c. 5, s. 44 (4). Local board (2) Any local board may provide the insurance, services or payments referred to in subsection (1) and may pay for them in the same manner and for the same classes of persons as the council of a municipality, and subsection (1) applies with necessary modifications to the local board.  2001, c. 25, s. 282 (2). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 44 (4)
- 13/06/2005 Remuneration and Expenses
PART VI PRACTICES AND PROCEDURES
284.
284 (1) The treasurer of a municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to, (a)  each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; (b)  each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and (c)  each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body.  2001, c. 25, s. 284 (1). Mandatory item (2) The statement shall identify the by-law under which the remuneration or expenses were authorized to be paid.  2001, c. 25, s. 284 (2). Statement to be provided to municipality (3) If, in any year, any body, including a local board, pays remuneration or expenses to one of its members who was appointed by a municipality, the body shall on or before January 31 in the following year provide to the municipality an itemized statement of the remuneration and expenses paid for the year.  2001, c. 25, s. 284 (3). Public records (4) Despite the Municipal Freedom of Information and Protection of Privacy Act, statements provided under subsections (1) and (3) are public records.  2001, c. 25, s. 284 (4). Review or Appeal re Delegated Authority
PART VI PRACTICES AND PROCEDURES
284.1
284.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the municipality under this Act.  2006, c. 32, Sched. A, s. 117. Scope of power (2) Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power, (a)  to designate the person or body, including council, that will conduct the review or appeal, but the municipality cannot designate a person or body without his, her or its consent; (b)  to provide for the powers the person or body conducting the review or appeal may exercise; (c)  to establish procedures with respect to the review or appeal; (d)  to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed.  2006, c. 32, Sched. A, s. 117. Restriction (3) A municipality shall not provide for a review or appeal of such decisions as may be prescribed.  2006, c. 32, Sched. A, s. 117. Reconsideration of decisions (4) Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions.  2006, c. 32, Sched. A, s. 117. Regulations re review or appeal (5) The Minister may make regulations prescribing decisions for the purposes of subsection (3).  2006, c. 32, Sched. A, s. 117. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 117 - 01/01/2007 PART VI.1   SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.2
284.2 The Minister may, by regulation, designate municipalities to which this Part applies. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.3
284.3 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the municipality to direct municipal employees to, (a)  undertake research and provide advice to the head of council and the municipality on policies and programs of the municipality or of the head of council as they relate to the powers and duties under this Part; and (b)  carry out duties related to the exercise of the power or performance of the duty, including implementing any decisions made by the head of council under this Part. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.4
284.4 (1) If the head of council exercises a power or performs a duty under this Part, the head of council shall do so in writing and in accordance with the regulations, if any. 2022, c. 18, Sched. 2, s. 1. Making information available (2) The head of council shall, in accordance with the regulations, make any prescribed information and documents available to the public and to any other prescribed persons or classes of persons. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.5
284.5 The powers of a municipality under section 229, with respect to the chief administrative officer, are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.6
284.6 (1) Subject to subsection (3), the powers of the municipality with respect to determining the organizational structure of the municipality are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1. Employment matters (2) Subject to subsection (3) and the regulations, subsection (1) includes the power to hire, dismiss or exercise any other prescribed employment powers with respect to the head of any division or the head of any other part of the organizational structure. 2022, c. 18, Sched. 2, s. 1. Limitation (3) The powers assigned under subsection (1) do not include the power to hire, dismiss or exercise any other prescribed employment powers with respect to any of the following persons: 1.  The clerk or deputy clerk. 2.  A treasurer or deputy treasurer. 3.  An Integrity Commissioner. 4.  An Ombudsman. 5.  An Auditor General. 6.  A registrar, as described in section 223.11. 7.  A chief building official, as defined in the Building Code Act, 1992. 8.  A chief of police, as defined in the Police Services Act. 9.  A fire chief, as defined in the Fire Protection and Prevention Act, 1997. 10.  A medical officer of health, as defined in the Health Protection and Promotion Act. 11.  Other officers or heads of divisions required to be appointed under this or any other Act. 12.  Any other prescribed persons. 2022, c. 18, Sched. 2, s. 1. Transition (4) Any organizational structure in place in a municipality immediately before being designated under this Part shall continue unless the organizational structure is changed by the head of council under subsection (1). 2022, c. 18, Sched. 2, s. 1. Same (5) The head of any division or of any other part of the organizational structure who held that position immediately before the municipality was designated under this Part shall continue in that position unless they are dismissed by the head of council under subsection (2). 2022, c. 18, Sched. 2, s. 1. Same (6) A head of council may exercise a power under subsection (2) with respect to a person regardless of when that person started their employment. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.7
284.7 The power of the municipality to appoint chairs and vice-chairs of local boards is assigned to the head of council for any prescribed local board or local board within a prescribed class of local boards. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.8
284.8 Subject to the regulations, if any, the following powers of the municipality with respect to prescribed committees, or committees within a prescribed class of committees, are assigned to the head of council: 1.  The power to establish or dissolve committees. 2.  The power to appoint chairs and vice-chairs of committees. 3.  The power to assign functions to committees. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.9
284.9 (1) The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 284.10, 284.11 and 284.11.1. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (1). Same (2) For greater certainty, sections 284.10, 284.11 and 284.11.1 only apply if the Lieutenant Governor in Council prescribes provincial priorities. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (2). Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022; 2022, c. 24, Sched. 3, s. 5 (1, 2)- 20/12/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.10
284.10 (1) Despite any procedure by-law passed by the municipality under subsection 238 (2), if the head of council is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority, the head of council may require the council to consider the matter at a meeting. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 6. Interpretation (2) In this section, “meeting” has the same meaning as in subsection 238 (1). 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022; 2022, c. 24, Sched. 3, s. 6 - 20/12/2022 Veto powers
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.11.1
284.11.1 (1) This section applies with respect to by-laws under, (a)  this Act and the regulations, other than under any prescribed section; (b)  the Planning Act and its regulations, other than under any prescribed section; and (c)  any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 24, Sched. 3, s. 8. Procedure (2) Despite any procedure by-law passed by the municipality under subsection 238 (2) and subject to any prescribed requirements, if the head of council is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of council may propose the by-law to the council and require the council to consider and vote on the proposed by-law at a meeting. 2022, c. 24, Sched. 3, s. 8. Same (3) The head of council shall, in accordance with the regulations, provide to the clerk and to each member of council, (a)  a copy of any by-law proposed under subsection (2); and (b)  the head of council’s reasons for the proposal. 2022, c. 24, Sched. 3, s. 8. More than one-third vote required (4) Despite any procedure by-law passed by the municipality under subsection 238 (2) and despite section 245, a by-law described in subsection (2) is passed if more than one third of the members of council vote in favour of the by-law. 2022, c. 24, Sched. 3, s. 8. Head of council may vote (5) For greater certainty, the head of council may vote as a member of council in a vote to pass a by-law described in subsection (2). 2022, c. 24, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 3, s. 8 - 20/12/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.12
284.12 (1) Despite section 263, if a vacancy occurs in the office of the head of council, the municipality shall, subject to subsection (3) and in accordance with the regulations, if any, require a by-election to be held, in accordance with the Municipal Elections Act, 1996, to fill the vacancy. 2022, c. 18, Sched. 2, s. 1. Rules applying to filling vacancy (2) Subject to subsection (3) and the regulations, if any, the following rules apply to filling a vacancy in the office of head of council: 1.  Within 60 days after the day a declaration of vacancy is made under section 262 with respect to the vacancy, the municipality shall pass a by-law requiring a by-election be held to fill the vacancy. 2.  Despite paragraph 1, if a court declares the office of head of council to be vacant, the council shall act under subsection (1) within 60 days after the court makes its declaration. 3.  Despite subsection (1), if the vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy. 2022, c. 18, Sched. 2, s. 1. Vacancy after March 31 in the year of a regular election (3) Subject to the regulations, if any, if a vacancy in the office of head of council occurs after March 31 in the year of a regular election, (a)  within 60 days after the day a declaration of vacancy is made under section 262 with respect to the vacancy, the municipality shall fill the vacancy by appointing a person who has consented to accept the office if appointed; and (b)  the municipality is deemed not to be prescribed for the purposes of this Part for the remainder of the term of the head of council appointed under clause (a). 2022, c. 18, Sched. 2, s. 1. Vacancy — upper-tier municipalities (4) The Minister may, by regulation, prescribe the procedures, rules and other matters pertaining to vacancies in upper-tier municipalities that will apply despite anything in this section. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.13
284.13 (1) Subject to the prescribed limitations, if any, the head of council may delegate their powers and duties under the following sections: 1.  Section 284.5 (chief administrative officer). 2.  Section 284.6 (organizational structure). 3.  Section 284.7 (local boards). 4.  Section 284.8 (committees). 2022, c. 18, Sched. 2, s. 1. Same (2) The rules in subsection 23.1 (2) apply with necessary modifications to a delegation under subsection (1). 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
284.14
284.14 A decision made, or a veto power or other power exercised, legally and in good faith under this part shall not be quashed or open to review in whole or in part by any court because of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 2, s. 1 - 23/11/2022