PART V MUNICIPAL REORGANIZATION
216.
216 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board.  2006, c. 32, Sched. A, s. 90. 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, excluding this section and sections 194 to 202, or in the event of a conflict with a regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 90. Restriction (3) Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that is, (a)  a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (b)  a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act; (c)  a committee of management under the Fixing Long-Term Care Act, 2021; (c.1)  Repealed: 2017, c. 10, Sched. 1, s. 13 (1). (d)  a police services board established under the Police Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 216 (3) (d) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 33 (6)) (d)  a police service board established under the Community Safety and Policing Act, 2019; (e)  a board as defined in section 1 of the Public Libraries Act; (f)  a corporation established in accordance with section 203; (g)  such other local boards as may be prescribed.  2006, c. 32, Sched. A, ss. 90, 91 (2); 2007, c. 8, s. 218 (4); 2017, c. 10, Sched. 1, s. 13 (1); 2017, c. 14, Sched. 4, s. 23 (2); 2021, c. 39, Sched. 2, s. 16 (3). Restriction re appeal body under Planning Act (3.1) Despite subsection (1), a municipality shall not, in accordance with that subsection, dissolve an appeal body established under section 8.1 of the Planning Act. 2017, c. 10, Sched. 1, s. 13 (2). Exception, City of Greater Sudbury (4) Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules: 1.  The number shall not be smaller than two or larger than seven. 2.  At least one of the members shall also be a member of the council of the City. 3.  At least one of the members shall not be a member of the council of the City.  2006, c. 32, Sched. A, s. 90. Scope of power to change a local board (5) Without limiting sections 9, 10 and 11, the power of a municipality to change a local board under those sections includes the power to pass by-laws with respect to, (a)  the matters described in paragraphs 1 to 7 of subsection 196 (1), subject to the restrictions set out in section 196; (b)  the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality cannot assume the power or duty if it cannot revoke the delegation; (c)  the delegation of a power or duty to the board to the extent authorized under this Act; (d)  the restriction or expansion of the mandate of the board.  2006, c. 32, Sched. A, s. 90. Dissolution, etc., of joint board (6) If a municipality passes a by-law in accordance with subsection (1) to dissolve or change a local board which is a local board of the municipality and one or more other municipalities, (a)  the by-law does not come into force until at least half of the municipalities, excluding the municipality that passed the by-law, have passed a resolution giving their approval to the by-law; and (b)  when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board.  2006, c. 32, Sched. A, s. 90. Regulations (7) For the purposes of this section, the Minister may, despite any Act, make regulations, (a)  providing that any body performing any public function is a local board; (b)  providing that a local board is a local board of the municipality specified in the regulation; (c)  providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation; (d)  imposing conditions and limitations on the powers of a municipality under this section; (e)  providing that, for the purposes specified in the regulation, a municipality is deemed to be a local board of the type dissolved or changed under this section; (f)  providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section; (g)  providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose; (h)  providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose; (i)  providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section; (j)  providing that a municipality or local board pay money to each other or to another municipality or local board; (k)  providing for transitional matters related to a dissolution of or change to a local board under this section.  2006, c. 32, Sched. A, s. 90. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 90, 91 (2) - 01/01/2007 2007, c. 8, s. 218 (4)
- 01/07/2010 2017, c. 10, Sched. 1, s. 13 (1, 2) - 30/05/2017; 2017, c. 14, Sched. 4, s. 23 (2) - 30/04/2018 2018, c. 3, Sched. 5, s. 35 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (6) - not in force 2021, c. 39, Sched. 2, s. 16 (3) - 11/04/2022 Changes to Council