hordruma/ontario_laws_and_regs huggingface dataset:
PART V MUNICIPAL REORGANIZATION
183.
183 (1) The Ontario Land Tribunal shall hold a public hearing before making an order under section 180, 181 or 182.  2001, c. 25, s. 183 (1); 2017, c. 23, Sched. 5, s. 45 (1); 2021, c. 4, Sched. 6, s. 64 (1). Powers (2) In making an order under section 180, 181 or 182, the Tribunal has the same powers as the Minister has in a regulation made under subsection 173 (17) and that regulation applies with necessary modifications to the power being exercised.  2001, c. 25, s. 183 (2); 2017, c. 23, Sched. 5, s. 45 (2). Annexation (3) If the Tribunal annexes an area to a local municipality under section 180, 181 or 182, the area forms part of the upper-tier municipality, if any, or territorial district as set out in the regulations under the Territorial Division Act, 2002 in which the local municipality is located.  2001, c. 25, s. 183 (3); 2009, c. 33, Sched. 21, s. 6 (5); 2017, c. 23, Sched. 5, s. 45 (3). (4) Repealed: 2009, c. 33, Sched. 2, s. 47 (1). Deferred proceedings (5) The Minister may notify the Tribunal in writing that in his or her opinion an application to the Tribunal under section 180, 181 or 182 should be deferred and upon so doing all proceedings in the application are stayed until the Minister notifies the Tribunal in writing that they may be continued. 2017, c. 23, Sched. 5, s. 45 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 47 (1) - 15/12/2009; 2009, c. 33, Sched. 21, s. 6 (5) - 25/01/2010 2017, c. 23, Sched. 5, s. 45 (1-4) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
184.
184 A by-law of a municipality approving a restructuring proposal under section 173, requesting the establishment of a commission under section 174 or authorizing an application to the Ontario Land Tribunal under section 180, 181 or 182 is not invalid on the ground that it conflicts with an official plan.  2001, c. 25, s. 184; 2017, c. 23, Sched. 5, s. 46; 2021, c. 4, Sched. 6, s. 64 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 46 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
186.
186 (1) An order of the Minister under section 173, a commission under section 175 or the Ontario Land Tribunal under section 180, 181 or 182, (a)  is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and (b)  prevails over any Act or regulation with which it conflicts except, (i)  this section and regulations made under this section, (ii)  sections 171 to 185, and (iii)  regulations made under sections 171 to 185.  2001, c. 25, s. 186 (1); 2006, c. 32, Sched. A, s. 84 (1); 2017, c. 23, Sched. 5, s. 47 (1); 2021, c. 4, Sched. 6, s. 64 (1). Exception (2) Despite clause (1) (b), a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication: 1.  Changing the name of the municipality. 2.  Transferring powers between upper-tier and lower-tier municipalities. 3.  Dissolving or changing local boards. 4.  Changing the composition of council. 5.  Establishing, changing or dissolving wards. 6.  Any other matter dealt with by a provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Land Tribunal under section 180, 181 or 182.  2006, c. 32, Sched. A, s. 84 (2); 2017, c. 23, Sched. 5, s. 47 (2); 2021, c. 4, Sched. 6, s. 64 (1). Exception (3) Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act.  2001, c. 25, s. 186 (3). Taxes (4) If, as a result of an order described in subsection (1), an area of a municipality is subject to taxes or rates which do not apply generally across the municipality, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole municipality.  2001, c. 25, s. 186 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 84 (1, 2) - 01/01/2007 2017, c. 23, Sched. 5, s. 47 (1, 2) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART V MUNICIPAL REORGANIZATION
186.1
186.1 (1) Every order described in subsection (2) whose effective date is earlier than January 2, 2005 and that remains in force on the day before the day on which the Good Government Act, 2009 receives Royal Assent is revoked.  2009, c. 33, Sched. 21, s. 6 (6). Same (2) Subsection (1) applies to, (a)  orders of the Minister made under subsection 173 (4) or (5) or under a predecessor of one of those subsections; and (b)  orders of a commission made under subsection 175 (1) or a predecessor of that subsection.  2009, c. 33, Sched. 21, s. 6 (6). Exception, provisions with continuing effect (3) Despite subsection (1), if a provision of an order that is revoked by that subsection still has effect on the day before the day on which the Good Government Act, 2009 receives Royal Assent, the provision is not revoked and continues to apply.  2009, c. 33, Sched. 21, s. 6 (6). Application of Legislation Act, 2006, ss. 51, 53, 56 and 57 (4) When an order is revoked by subsection (1), sections 51, 53, 56 and 57 of the Legislation Act, 2006 apply as if the order were a revoked regulation.  2009, c. 33, Sched. 21, s. 6 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 6 (6) - 15/12/2009 Change of Name
PART V MUNICIPAL REORGANIZATION
187.
187 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to change its name so long as the new name is not the same as the name of another municipality.  2006, c. 32, Sched. A, s. 85. Conflict (2) In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act or any regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 85. Notification (3) A municipality that passes a by-law changing its name shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister promptly after its passage.  2001, c. 25, s. 187 (3). Status unchanged (4) A by-law changing the name of a municipality does not affect the status of a municipality as an upper-tier municipality, a lower-tier municipality or a single-tier municipality, as the case may be.  2001, c. 25, s. 187 (4). Rights, obligations not affected (5) A change in the name of a municipality does not affect its rights or obligations.  2001, c. 25, s. 187 (5). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 85 - 01/01/2007 Transfer of Powers between Tiers
PART V MUNICIPAL REORGANIZATION
188.
188 (1) In sections 189 to 193, “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 under section 189 or 191; (“électeur”) “lower-tier power” means a power a lower-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters: 1.  Waste management. 2.  Fire protection and prevention. 3.  Public transportation systems, other than highways. 4.  Business licensing. 5.  Economic development services. 6.  Collection, transmission, treatment and disposal of sewage. 7.  Production, distribution and supply of water. 8.  Policing in accordance with the Police Services Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 8 of the definition of “lower-tier power” in subsection 188 (1) of the Act is amended by striking out “Police Services Act” at the end and substituting “Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 33 (5)) 9.  Any other matter prescribed by the Minister; (“pouvoir de palier inférieur”) “upper-tier power” means a power an upper-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters: 1.  Waste collection. 2.  Fire protection and prevention. 3.  Public transportation systems, other than highways. 4.  Business licensing. 5.  Economic development services. 6.  Any other matter prescribed by the Minister. (“pouvoir de palier supérieur”)  2001, c. 25, s. 188 (1); 2002, c. 17, Sched. A, s. 38. Conflict (2) In the event of a conflict between a by-law under clause 189 (1) (a) or 191 (1) (a) and a provision of any Act or regulation, the by-law prevails.  2001, c. 25, s. 188 (2). Conflict (3) In the event of a conflict between a regulation under section 193 and a provision of any Act or regulation, the regulation under section 193 prevails.  2001, c. 25, s. 188 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 38 (1, 2) - 01/01/2003 CTS 27 AL 10 - 1 2018, c. 3, Sched. 5, s. 34 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (5) - not in force
PART V MUNICIPAL REORGANIZATION
189.
189 (1) An upper-tier municipality may pass a by-law to provide for, (a)  the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; and (b)  transitional matters to facilitate the assumption of the lower-tier power.  2001, c. 25, s. 189 (1). Conditions (2) A by-law under subsection (1) shall not come into force unless, (a)  a majority of all votes on the council of the upper-tier municipality are cast in its favour; (b)  a majority of the councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c)  the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality.  2001, c. 25, s. 189 (2). No repeal (3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force.  2001, c. 25, s. 189 (3). Exception (4) Despite subsection (3), if a by-law of an upper-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of a lower-tier municipality passed under section 191 which comes into force at a later date.  2001, c. 25, s. 189 (4).
PART V MUNICIPAL REORGANIZATION
190.
190 (1) When a by-law passed under section 189 comes into force, (a)  the upper-tier municipality may exercise the transferred lower-tier power of the lower-tier municipalities specified in the by-law; (b)  a lower-tier municipality specified in the by-law and its local boards are bound by the by-law and no longer have the power to exercise the transferred lower-tier power; (c)  an existing by-law or resolution of a lower-tier municipality and its local boards that relate to the transferred lower-tier power shall, to the extent it applies in any part of the lower-tier municipality, be deemed to be a by-law or resolution of the upper-tier municipality; and (d)  the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the upper-tier municipality.  2001, c. 25, s. 190 (1). Continuation of matters (2) When a lower-tier power is transferred to an upper-tier municipality under section 189, the upper-tier municipality may continue anything that the lower-tier municipality began under the transferred lower-tier power before the transfer but did not complete.  2001, c. 25, s. 190 (2).
PART V MUNICIPAL REORGANIZATION
191.
191 (1) A lower-tier municipality may pass a by-law to provide for, (a)  the transfer of all or part of an upper-tier power from its upper-tier municipality to one or more of the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes which are specified in the by-law; and (b)  transitional matters to facilitate the assumption of the upper-tier power.  2001, c. 25, s. 191 (1). Coming into force (2) A by-law under subsection (1) shall not come into force unless, (a)  at least half of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes, excluding the lower-tier municipality which passed the by-law, have passed resolutions giving their consent to the by-law; (b)  the total number of electors in the lower-tier municipalities which have passed resolutions under clause (a) and in the lower-tier municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and (c)  the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution.  2001, c. 25, s. 191 (2). No repeal (3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force.  2001, c. 25, s. 191 (3). Exception (4) Despite subsection (3), if a by-law of a lower-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of an upper-tier municipality passed under section 189 which comes into force at a later date.  2001, c. 25, s. 191 (4).
PART V MUNICIPAL REORGANIZATION
192.
192 (1) When a by-law under section 191 comes into force, (a)  each lower-tier municipality specified in the by-law is bound by the by-law and may exercise the transferred upper-tier power but may do so only for its own purposes; (b)  the upper-tier municipality and its local boards are bound by the by-law and no longer have the power to exercise the transferred upper-tier power in those lower-tier municipalities; (c)  an existing by-law or resolution of an upper-tier municipality and its local boards that relates to the transferred upper-tier power shall, to the extent it applies in any part of a lower-tier municipality specified in the transfer by-law, be deemed to be a by-law or resolution of the lower-tier municipality; and (d)  the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the lower-tier municipality.  2001, c. 25, s. 192 (1). Continuation of matters (2) When an upper-tier power is transferred to a lower-tier municipality under section 191, the lower-tier municipality may continue anything that the upper-tier municipality began under the transferred upper-tier power before the transfer but did not complete to the extent the thing applies to the lower-tier municipality.  2001, c. 25, s. 192 (2).
PART V MUNICIPAL REORGANIZATION
193.
193 The Minister may make regulations, (a)  prescribing matters which fall within the definition of lower-tier power or upper-tier power in section 188; (b)  providing for the continuation, cessation or amendment of by-laws and resolutions; (c)  imposing conditions and limitations on powers of an upper-tier municipality and lower-tier municipalities under sections 189 and 191; (d)  imposing conditions and limitations on lower-tier powers and upper-tier powers transferred under sections 189 and 191; (e)  providing that any body performing a public function is a local board for the purpose of sections 188 to 192 and this section; (f)  providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality to which a power has been transferred under section 189 or 191 to exercise the power; (g)  providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality from which a power has been transferred under section 189 or 191 to exercise its remaining powers; (h)  providing for any transitional matter related to the transfer of a power under sections 189 and 191.  2001, c. 25, s. 193. Municipal Service Boards
PART V MUNICIPAL REORGANIZATION
194.
194 (1) In this section and in sections 195 to 202, “municipality” means, in relation to a municipal service board, the municipality of which the board is a local board; (“municipalité”) “public utility” includes, in relation to a municipality, any system of the municipality, the control and management of which has been given under any Act to a public utilities commission continued by section 195. (“service public”)  2001, c. 25, s. 194 (1); 2006, c. 32, Sched. A, s. 86 (1, 2). (2) Repealed:  2006, c. 32, Sched. A, s. 86 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 86 (1-3) - 01/01/2007
PART V MUNICIPAL REORGANIZATION
195.
195 A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, are deemed to be municipal service boards established under this Act and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day.  2006, c. 32, Sched. A, s. 87. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 87 - 01/01/2007
PART V MUNICIPAL REORGANIZATION
196.
196 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish a municipal service board and to provide for the following matters: 1.  The name, composition, quorum and budgetary process of the board. 2.  The eligibility of persons to hold office as board members. 3.  The manner of selecting board members, the resignation of members, the determination of when a member’s seat becomes vacant and the filling of vacancies. 4.  The term of office and remuneration of board members. 5.  The number of votes of the board members. 6.  The requirement that the board follow rules, procedures and policies established by the municipality. 7.  The relationship between the municipality and the board, including their financial and reporting relationship.  2006, c. 32, Sched. A, s. 87. Restriction (2) A municipal service board must be composed of at least two members.  2006, c. 32, Sched. A, s. 87. Same, election of members (3) A municipality cannot require any member of a municipal service board to be elected to that office under the Municipal Elections Act, 1996.  2006, c. 32, Sched. A, s. 87. Same, term of office (4) The term of office of a member of a municipal service board cannot exceed four years but members may be eligible for appointment for more than one term.  2006, c. 32, Sched. A, s. 87. Same (5) Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board.  2006, c. 32, Sched. A, s. 87. Same (6) Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a municipal service board and its members as if they were council and members of council: section 242, clauses 259 (1) (c) to (h) and sections 260, 264 and 265.  2006, c. 32, Sched. A, s. 87. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 87 - 01/01/2007
PART V MUNICIPAL REORGANIZATION
197.
197 (1) A municipal service board is a body corporate unless the municipality provides otherwise when establishing the board.  2006, c. 32, Sched. A, s. 87. Agency (2) A municipal service board is an agent of the municipality.  2006, c. 32, Sched. A, s. 87. Local board (3) A municipal service board is a local board of the municipality for all purposes.  2006, c. 32, Sched. A, s. 87. Non-application of Acts (4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act
do not apply to a municipal service board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 87 - 01/01/2007 2017, c. 20, Sched. 8, s. 99 (2) - 19/10/2021
PART V MUNICIPAL REORGANIZATION
198.
198 (1) A municipality may give a municipal service board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board in accordance with this Act.  2006, c. 32, Sched. A, s. 87. Powers and duties (2) The following provisions apply with necessary modifications to a municipal service board, except as otherwise provided by by-law: 1.  Section 9. 2.  Part XIV (Enforcement), except sections 433, 434, 442 and 447.1. 3.  Part XV (Municipal Liability).  2006, c. 32, Sched. A, s. 87. Restriction (3) A power provided to a municipal service board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.  2006, c. 32, Sched. A, s. 87. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 87 - 01/01/2007 199-201 Repealed:  2006, c. 32, Sched. A, s. 87. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 87 - 01/01/2007
PART V MUNICIPAL REORGANIZATION
202.
202 (1) Two or more municipalities may enter into agreements to establish a joint municipal service board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint municipal service board.  2001, c. 25, s. 202 (1). Same (2) Different participating municipalities may give control and management of different municipal services to the same joint municipal service board and may give control and management of different aspects of the same municipal service to the same joint municipal service board.  2001, c. 25, s. 202 (2). Powers, etc. (3) Subject to subsections (4) and (5), the provisions of this Act that apply to municipal service boards also apply with necessary modifications to joint municipal service boards.  2001, c. 25, s. 202 (3). Consent required (4) Except where otherwise specifically provided in any Act, an action of a municipality related to an existing or proposed joint municipal service board is of no effect unless the municipality obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action.  2001, c. 25, s. 202 (4). Exception (5) Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4).  2001, c. 25, s. 202 (5). Powers to Establish Corporations