hordruma/ontario_laws_and_regs huggingface dataset:
PART III SPECIFIC MUNICIPAL POWERS
55.
55 (1) An upper-tier municipality is not responsible for the construction and maintenance of sidewalks on its highways and the lower-tier municipality in which the highways are located is responsible for the construction and maintenance of the sidewalks and has jurisdiction over that part of the highway, unless the municipalities agree otherwise.  2001, c. 25, s. 55 (1). Injury, damages (2) A lower-tier municipality that is responsible for the construction and maintenance of the sidewalks on upper-tier highways is liable for any injury or damage arising from the construction or presence of the sidewalk to the same extent and subject to the same limitations to which a municipality is liable under section 44 in respect of a sidewalk on its own highway.  2001, c. 25, s. 55 (2). Improvements on upper-tier highways (3) A lower-tier municipality may, with the agreement of the upper-tier municipality, construct a sidewalk or other improvement or service on an upper-tier highway and the lower-tier municipality is liable for any injury or damage arising from the construction or presence of the sidewalk, improvement or service.  2001, c. 25, s. 55 (3).
PART III SPECIFIC MUNICIPAL POWERS
56.
56 Where an upper-tier highway intersects a lower-tier highway, the continuation of the upper-tier highway to its full width across the lower-tier highway intersected is an upper-tier highway.  2001, c. 25, s. 56. 57 Repealed:  2006, c. 32, Sched. A, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 24 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
58.
58 (1) An upper-tier municipality has, in respect of land lying within 45 metres from any limit of an upper-tier highway, all the powers conferred on a local municipality under section 34 of the Planning Act for prohibiting the erecting or locating of buildings and other structures within that area.  2001, c. 25, s. 58 (1). Conflicts (2) If there is a conflict between a by-law passed by an upper-tier municipality under subsection (1) and a by-law passed by a lower-tier municipality under section 34 of the Planning Act, the by-law of the upper-tier municipality prevails to the extent of the conflict, but in all other respects the by-law passed by the lower-tier municipality remains in effect.  2001, c. 25, s. 58 (2).
PART III SPECIFIC MUNICIPAL POWERS
59.
59 Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the placing or erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway.  2001, c. 25, s. 59; 2006, c. 32, Sched. A, s. 25. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 25 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
61.
61 (1) A municipality may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway.  2001, c. 25, s. 61 (1). Private roads (2) If a local municipality has passed a by-law under section 48 to name or change the name of a private road, the municipality may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road.  2001, c. 25, s. 61 (2).
PART III SPECIFIC MUNICIPAL POWERS
62.
62 (1) A municipality may, at any reasonable time, enter upon land lying along any of its highways, (a)  to inspect trees and conduct tests on trees; and (b)  to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway.  2001, c. 25, s. 62 (1). Immediate danger (2) An employee or agent of the municipality may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway.  2001, c. 25, s. 62 (2); 2006, c. 32, Sched. A, s. 26. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 26 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
62.1
62.1 (1) A municipality may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the municipality is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land.  2002, c. 17, Sched. A, s. 10. Order (2) Upon application by the municipality under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix, (a)  requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or (b)  authorizing the municipality to enter upon the land, upon such notice to the owner as the judge may fix, to remove or alter the vegetation, building or object.  2002, c. 17, Sched. A, s. 10. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 10 - 01/01/2003
PART III SPECIFIC MUNICIPAL POWERS
63.
63 (1) If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act
applies with necessary modifications to the by-law.  2006, c. 32, Sched. A, s. 27. Exception (2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality.  2006, c. 32, Sched. A, s. 27. Entry on land (3) The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1).  2006, c. 32, Sched. A, s. 27. Sale of impounded object, etc. (4) Despite subsection (1), if the removed object or vehicle, other than a motor vehicle, is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality.  2006, c. 32, Sched. A, s. 27. Perishable objects (5) Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the municipality upon removal and may be destroyed or given to a charitable institution.  2006, c. 32, Sched. A, s. 27. Exception (6) Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.  2006, c. 32, Sched. A, s. 27. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 63 (6) of the Act is amended by striking out “police force in the circumstances described in section 132 of the Police Services Act” and substituting “police service in the circumstances described in section 258 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 33 (3)) Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 11 - 01/01/2003 2006, c. 32, Sched. A, s. 27 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (3) - not in force
PART III SPECIFIC MUNICIPAL POWERS
64.
64 (1) A township in a territorial district, other than a township in The District Municipality of Muskoka, surveyed without road allowances may establish highways, where necessary, on land in which 5 per cent of the land is reserved for highways and the provisions of this Act as to compensation for land taken or injuriously affected by the exercise of the powers conferred by this section do not apply to the establishing of the highways.  2001, c. 25, s. 64 (1). Definition (2) In this section, “township” means a local municipality which had the status of a township on December 31, 2002.  2001, c. 25, s. 64 (2).
PART III SPECIFIC MUNICIPAL POWERS
65.
65 (1) If, before January 1, 2003, a municipality by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway shall be deemed to have been expropriated by the municipality and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land.  2001, c. 25, s. 65 (1). Compensation (2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated.  2001, c. 25, s. 65 (2).
PART III SPECIFIC MUNICIPAL POWERS
66.
66 (1) If, before January 1, 2003, a highway was opened on land in the place of all or part of an original road allowance and compensation was not paid for the land, the owner of the land appropriated for the highway or the successor in title to the owner is entitled to the following: 1.  If that person owns the land abutting on the allowance, the owner is entitled to the soil and freehold of the original road allowance and to a conveyance of the original road allowance. 2.  If that person does not own the land abutting on the allowance and if the allowance is sold by the municipality, the owner is entitled to the part of the purchase price that bears the same proportion to the whole purchase price as the value of the part of the land occupied by the highway that belonged to the owner bears to the value of the land occupied by the highway.  2001, c. 25, s. 66 (1). Multiple owners (2) If the land abutting on the original road allowance or part of the original road allowance is owned by more than one person, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2001, c. 25, s. 66 (2).
PART III SPECIFIC MUNICIPAL POWERS
67.
67 (1) If, before January 1, 2003, a person in possession of an original road allowance or a predecessor in title of that person opened a highway in the place of the original road allowance on that person’s land without receiving compensation for the land and the person is in possession of all or part of the original road allowance, that person is entitled to the soil and freehold of the allowance or part of it and to a conveyance of the original road allowance or part of it.  2001, c. 25, s. 67 (1). Multiple persons in possession (2) If more than one person is in possession of the road allowance, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2001, c. 25, s. 67 (2). Condition (3) This section only applies if the highway has been established by by-law of the municipality or otherwise assumed for public use by the municipality and if, in the opinion of the council of the municipality, the original road allowance is not needed by the municipality.  2001, c. 25, s. 67 (3).
PART III SPECIFIC MUNICIPAL POWERS
68.
68 (1) If, on the day this Act receives Royal Assent, a person was in possession of part of an original road allowance abutting the person’s land and that part was enclosed with a lawful fence, that person shall, as against every person except the municipality, be deemed to have legal possession of that part of the road allowance until a by-law is passed assuming the road allowance for public use or requiring the person to remove the fence.  2001, c. 25, s. 68 (1). Limitation (2) Subsection (1) only applies if the part of the original road allowance has not been assumed for public use because another road is being used in its place or if another road parallel or near to it was established in its place.  2001, c. 25, s. 68 (2). Transportation
PART III SPECIFIC MUNICIPAL POWERS
70.
70 Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to airports in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s, 29. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 13 - 01/01/2003 2006, c. 32, Sched. A, s. 29 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
71.
71 Nothing in subsection 3 (1) of The City of London Act, 1960-61 or in section 69 of this Act affects any rights of a person to establish, operate and maintain a bus transportation system within the City of London in accordance with a valid operating licence issued to that person under the Public Vehicles Act on or before December 31, 1992 if, (a)  the person held a valid operating licence under the
Public Vehicles Act on the day before the repeal of that Act; and (b)  the person regularly exercised the rights in the 12 months immediately before the repeal of the Public Vehicles Act. 2020, c. 34, Sched. 23, s. 10 (3). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 23, s. 10 (3) - 01/07/2021
PART III SPECIFIC MUNICIPAL POWERS
72.
72 Nothing in section 35 of the Regional Municipality of Waterloo Act, as it read immediately before its repeal or in section 69 of this Act affects any rights of a person to establish, operate and maintain a bus transportation system within The Regional Municipality of Waterloo in accordance with a valid operating licence issued under the Public Vehicles Act on or before the day the regional municipality established a transportation system under section 35 of the Regional Municipality of Waterloo Act if, (a)  the person held a valid operating licence under the
Public Vehicles Act on the day before the repeal of that Act; and (b)  the person regularly exercised the rights in the 12 months immediately before the repeal of the Public Vehicles Act. 2020, c. 34, Sched. 23, s. 10 (3). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 23, s. 10 (3) - 01/07/2021 73 Repealed: 2020, c. 34, Sched. 23, s. 10 (3). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 23, s. 10 (3) - 01/07/2021 Waste Management
PART III SPECIFIC MUNICIPAL POWERS
74.
74 Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 3 of subsection 11 (3) in relation to waste management in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 30. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 14 - 01/01/2003 2006, c. 32, Sched. A, s. 30 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
75.
75 (1) Without limiting sections 9, 10 and 11, an upper-tier municipality may designate any of its waste management services or facilities for the management of waste or any class of waste of any of its lower-tier municipalities for which it has the power to provide the service or facility.  2001, c. 25, s. 75 (1); 2006, c. 32, Sched. A, s. 31. Effect of designation (2) If a designation has been made, the lower-tier municipality shall not utilize any services or facilities of the upper-tier municipality or any other person for the management of the designated waste other than the services or facilities that have been designated for that lower-tier municipality.  2001, c. 25, s. 75 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 31 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
76.
76 (1) For the purpose of obtaining information that a municipality considers necessary for the municipality to meet the requirements of or to obtain an approval under any Act relating to the planning, establishment, operation, management, alteration or improvement of a waste disposal site or any other waste management facility, the municipality may, at reasonable times, enter on and inspect any land, including conducting tests of the land and removing samples or extracts.  2001, c. 25, s. 76 (1). Restriction (2) Subsection (1) does not allow a municipality to enter any building.  2001, c. 25, s. 76 (2). 77 Repealed:  2006, c. 32, Sched. A, s. 32. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 32 - 01/01/2007 Public Utilities
PART III SPECIFIC MUNICIPAL POWERS
78.
78 (1) For the purposes of providing a water public utility, a municipality may, at any reasonable time, subject to section 19 and despite section 27, enter on highways in or outside of the municipality to install, construct and maintain pipes and other works for the distribution of water without the consent of the body which owns the highway.  2001, c. 25, s. 78 (1); 2002, c. 17, Sched. A, s. 15 (1). Entry on highways (2) For the purposes of providing a public utility, other than a water public utility, a municipality may, at any reasonable time, despite section 27, enter on highways in the municipality to install, construct and maintain pipes, wires, poles, equipment, machinery and other works without the consent of the body which owns the highway.  2001, c. 25, s. 78 (2); 2002, c. 17, Sched. A, s. 15 (2). Powers not restricted (3) Nothing in this section prevents a body that owns a highway from regulating the activities described in subsections (1) and (2) on its highway in a reasonable manner, including regulating with respect to notice, timing and co-ordination of the activities and the requirement to obtain a permit before engaging in the activities.  2001, c. 25, s. 78 (3); 2002, c. 17, Sched. A, s. 15 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 15 (1-3) - 01/01/2003
PART III SPECIFIC MUNICIPAL POWERS
79.
79 (1) If a municipality has the consent of an owner or occupant to connect a public utility to a part of a building and other parts of the building belong to different owners or are in the possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection.  2001, c. 25, s. 79 (1). Entry on common passages (2) If a municipality has the consent of an owner or occupant to connect a public utility to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the municipality may, at reasonable times, without consent, enter the common passage and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection.  2001, c. 25, s. 79 (2).
PART III SPECIFIC MUNICIPAL POWERS
80.
80 (1) A municipality may, at reasonable times, enter on land to which it supplies a public utility, (a)  to inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; or (b)  to inspect, install, repair, replace or alter a public utility meter.  2001, c. 25, s. 80 (1). Reduced supply (2) For the purposes of subsection (1), a municipality may shut off or reduce the supply of the public utility to the land.  2001, c. 25, s. 80 (2). Entry on land, discontinuance of utility (3) If a customer discontinues the use of a public utility on land or a municipality lawfully decides to cease supplying the public utility to land, the municipality may enter on the land, (a)  to shut off the supply of the public utility; (b)  to remove any property of the municipality; or (c)  to determine whether the public utility has been or is being unlawfully used.  2001, c. 25, s. 80 (3).
PART III SPECIFIC MUNICIPAL POWERS
81.
81 (1) Without limiting sections 9, 10 and 11, a municipality may shut off the supply of a public utility by the municipality to land if fees or charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue.  2001, c. 25, s. 81 (1); 2006, c. 32, Sched. A, s. 33 (1). Additional power (2) In addition to the power under subsection (1), and without limiting sections 9, 10 and 11, a municipality may shut off the supply of water to land if fees or charges payable by the owners or occupants of the land in respect of a sewage system are overdue and the fees or charges are based on the fees payable for the supply of water to the land.  2001, c. 25, s. 81 (2); 2006, c. 32, Sched. A, s. 33 (2). Notice (3) Despite subsections (1) and (2), a municipality shall provide reasonable notice of the proposed shut-off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.  2001, c. 25, s. 81 (3). Recovery of fees (4) A municipality may recover all fees and charges payable despite shutting off the supply of the public utility.  2001, c. 25, s. 81 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 33 (1, 2) - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
82.
82 (1) A municipality is not liable for damages caused by the interruption or reduction of the amount of a public utility supplied to a municipality or to the land of any person as a result of an emergency or a breakdown, repair or extension of its public utility if, in the circumstances, reasonable notice of its intention to interrupt or reduce the supply is given.  2001, c. 25, s. 82 (1). Allocation (2) If the supply of a public utility to a municipality is interrupted or reduced, the municipality may allocate the available public utility among its customers.  2001, c. 25, s. 82 (2). Effect (3) Nothing done under subsection (2) shall be deemed to be a breach of contract, to entitle any person to rescind a contract or to release a guarantor from the performance of the guarantor’s obligation.  2001, c. 25, s. 82 (3).
PART III SPECIFIC MUNICIPAL POWERS
83.
83 Without limiting sections 9, 10 and 11, a municipality may, as a condition of supplying or continuing to supply a public utility, require reasonable security be given for the payment of fees and charges for the supply of the public utility or for extending the public utility to land.  2001, c. 25, s. 83; 2006, c. 32, Sched. A, s. 34. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 34 - 01/01/2007 84 Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25 - 01/01/2004
PART III SPECIFIC MUNICIPAL POWERS
86.
86 (1) Despite section 19, a municipality shall supply a building with a water or sewage public utility if, (a)  the building lies along a supply line of the municipality for the public utility; (b)  in the case of a water public utility, there is a sufficient supply of water for the building; (c)  in the case of a sewage public utility, there is sufficient capacity for handling sewage from the building; and (d)  the owner, occupant or other person in charge of the building requests the supply in writing.  2001, c. 25, s. 86 (1). Exception (2) Subsection (1) does not apply if the supply of the public utility to a building or to the land on which the building is located would contravene an official plan under the Planning Act
that applies to the building, land or public utility.  2001, c. 25, s. 86 (2).