hordruma/ontario_laws_and_regs huggingface dataset:
PART V MUNICIPAL REORGANIZATION
221.
221 (1) In the event of a conflict between section 217, 218, 218.1, 218.3 or 220 or a by-law described in those sections and any other Act in respect of the composition of a council, the term of office of the head of the upper-tier council, the number of votes given to each member, the method of selecting the head of council of a regional municipality or the titles of members, section 217, 218, 218.1, 218.3 or 220 or a by-law described in those sections prevails. 2016, c. 37, Sched. 15, s. 3; 2022, c. 24, Sched. 3, s. 2. Same, regulations under s. 218 (7) (2) In the event of a conflict between a regulation made under subsection 218 (7) and any other Act in respect of the composition of a council, the term of office of the head of an upper-tier council or the number of votes given to each member, the regulation made under subsection 218 (7) prevails. 2017, c. 10, Sched. 1, s. 16. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 15, s. 3 - 08/12/2016 2017, c. 10, Sched. 1, s. 16 - 01/01/2018 2022, c. 24, Sched. 3, s. 2 - 20/12/2022 Wards
PART V MUNICIPAL REORGANIZATION
223.
223 (1) Electors in a municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.  2001, c. 25, s. 223 (1); 2006, c. 32, Sched. A, s. 97 (1). Number of electors required (2) The petition requires the signatures of 1 per cent of the electors in the municipality or 500 of the electors in the municipality, whichever is less, but, in any event, a minimum of 50 signatures of the electors in the municipality is required.  2001, c. 25, s. 223 (2). Definition (3) In this section, “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 a petition being presented to council under subsection (1).  2001, c. 25, s. 223 (3). Failure to act (4) If the council does not pass a by-law in accordance with the petition within 90 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Land Tribunal to have the municipality divided or redivided into wards or to have the existing wards dissolved.  2001, c. 25, s. 223 (4); 2006, c. 32, Sched. A, s. 97 (2); 2017, c. 23, Sched. 5, s. 50 (1); 2021, c. 4, Sched. 6, s. 64 (1). Order (5) The Tribunal shall hear the application and may, despite any Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards and subsection 222 (6) applies with necessary modifications in respect to the hearing.  2001, c. 25, s. 223 (5); 2017, c. 23, Sched. 5, s. 50 (2). Coming into force (6) An order of the Tribunal under this section comes into force on the day the new council of the municipality is organized following, (a)  the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; or (b)  the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day.  2001, c. 25, s. 223 (6); 2017, c. 23, Sched. 5, s. 50 (3). Election (7) Despite subsection (6), if an order comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the order was already in force.  2001, c. 25, s. 223 (7). Deemed by-law (8) Once an order of the Tribunal is in force, the order shall be deemed to be a by-law of the municipality and may be amended or repealed by the municipality by by-law described in section 222.  2001, c. 25, s. 223 (8); 2006, c. 32, Sched. A, s. 97 (3); 2017, c. 23, Sched. 5, s. 50 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 97 (1-3) - 01/01/2007 2017, c. 23, Sched. 5, s. 50 (1-4) - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021 PART V.1   Accountability AND transparency
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.1
223.1 In this Part, “code of conduct” means a code of conduct described in section 223.2; (“code de déontologie”) “grant recipient” means a person or entity that receives a grant directly or indirectly from the municipality, a local board or a municipally-controlled corporation; (“bénéficiaire d’une subvention”) “local board” means a local board other than, (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, (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 (d) of the definition of “local board” in section 223.1 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 33 (7)) (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; (“conseil local”) “municipally-controlled corporation” means a corporation that has 50 per cent or more of its issued and outstanding shares vested in the municipality or that has the appointment of a majority of its board of directors made or approved by the municipality, but does not include a local board as defined in subsection 1 (1); (“société contrôlée par la municipalité”) “public office holder” means, (a)  a member of the municipal council and any person on his or her staff, (b)  an officer or employee of the municipality, (c)  a member of a local board of the municipality and any person on his or her staff, (d)  an officer, director or employee of a local board of the municipality, and (e)  such other persons as may be determined by the municipality who are appointed to any office or body by the municipality or by a local board of the municipality. (“titulaire d’une charge publique”)  2006, c. 32, Sched. A, s. 98; 2007, c. 8, s. 218 (5); 2017, c. 14, Sched. 4, s. 23 (3); 2021, c. 39, Sched. 2, s. 16 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2007, c. 8, s. 218 (5) - 01/07/2010 2017, c. 14, Sched. 4, s. 23 (3) - 30/04/2018 2018, c. 3, Sched. 5, s. 35 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (7) - not in force 2021, c. 39, Sched. 2, s. 16 (4) - 11/04/2022
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.2
223.2 (1) A municipality shall establish codes of conduct for members of the council of the municipality and of its local boards. 2017, c. 10, Sched. 1, s. 18. Same (2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct. 2017, c. 10, Sched. 1, s. 18. No offence or administrative penalty (3) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay an administrative penalty. 2017, c. 10, Sched. 1, s. 18. Regulations (4) The Minister may make regulations prescribing one or more subject matters that a municipality is required to include in a code of conduct. 2017, c. 10, Sched. 1, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2017, c. 10, Sched. 1, s. 18 - 01/03/2019
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.5
223.5  (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98. Exception (2) Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part.  2006, c. 32, Sched. A, s. 98. Release of advice (2.1) Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 223.3 (1) may be released with the member’s written consent. 2017, c. 10, Sched. 1, s. 22. Partial release by member (2.2) If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 223.3 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. 2017, c. 10, Sched. 1, s. 22. Other circumstances (2.3) The Commissioner may disclose such information as in the Commissioner’s opinion is necessary, (a)  for the purposes of a public meeting under subsection 223.4.1 (8); (b)  in an application to a judge referred to in subsection 223.4.1 (15); or (c)  in the written reasons given by the Commissioner under subsection 223.4.1 (17). 2017, c. 10, Sched. 1, s. 22. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2017, c. 10, Sched. 1, s. 22 - 01/03/2019
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.6
223.6 (1) If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.  2006, c. 32, Sched. A, s. 98. Report about conduct (2) If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner’s opinion are necessary for the purposes of the report.  2006, c. 32, Sched. A, s. 98. Publication of reports (3) The
municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.7
223.7 Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.8
223.8 If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act, other than the Municipal Conflict of Interest Act, or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.  2006, c. 32, Sched. A, s. 98; 2017, c. 10, Sched. 1, s. 23. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2017, c. 10, Sched. 1, s. 23 - 01/03/2019
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.9
223.9 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish and maintain a registry in which shall be kept such returns as may be required by the municipality that are filed by persons who lobby public office holders.  2006, c. 32, Sched. A, s. 98. Requirement to file returns, etc. (2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to provide for a system of registration of persons who lobby public office holders and to do the following things: 1.  Define “lobby”. 2.  Require persons who lobby public office holders to file returns and give information to the municipality. 3.  Specify the returns to be filed and the information to be given to the municipality by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided. 4.  Exempt persons from the requirement to file returns and provide information. 5.  Specify activities with respect to which the requirement to file returns and provide information does not apply. 6.  Establish a code of conduct for persons who lobby public office holders. 7.  Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law. 8.  Prohibit a person from lobbying public office holders without being registered. 9.  Impose conditions for registration, continued registration or a renewal of registration. 10.  Refuse to register a person, and suspend or revoke a registration. 11.  Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 32, Sched. A, s. 98. Access to registry (3) The registry described in subsection (1) shall be available for public inspection in the manner and during the time that the municipality may determine.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.10
223.10 Without limiting sections 9, 10 and 11, those sections authorize the municipality to prohibit a person on whose behalf another person undertakes lobbying activities from making payment for the lobbying activities that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.11
223.11 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint a registrar who is responsible for performing in an independent manner the functions assigned by the municipality with respect to the registry described in subsection 223.9 (1) and the system of registration and other matters described in subsection 223.9 (2).  2006, c. 32, Sched. A, s. 98. Powers and duties (2) Subject to this Part, in carrying out these responsibilities, the registrar may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98. Delegation (3) The registrar may delegate in writing to any person, other than a member of council, any of the registrar’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98. Same (4) The registrar may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98. Status (5) The registrar is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 CTS 4 AU 09 - 2
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.12
223.12 (1) This section applies if the registrar conducts an inquiry under this Part in respect of a request made by council, a member of council or a member of the public about compliance with the system of registration described in subsection 223.9 (2) or with a code of conduct established under that subsection.  2006, c. 32, Sched. A, s. 98. Inquiry (2) The registrar may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry.  2009, c. 33, Sched. 6, s. 72 (2). Duty of confidentiality (3) Section 223.5 applies, with necessary modifications, with respect to the registrar and every person acting under the instructions of the registrar in the course of conducting an inquiry.  2006, c. 32, Sched. A, s. 98. Report (4) If the registrar makes a report to a municipality in respect of an inquiry, the registrar may disclose in the report such matters as in the registrar’s opinion are necessary for the purposes of the report.  2006, c. 32, Sched. A, s. 98. Publication of reports (5) The municipality shall ensure that reports received from the registrar are made available to the public.  2006, c. 32, Sched. A, s. 98. Testimony (6) Neither the registrar nor any person acting under the instructions of the registrar is a competent or compellable witness in a civil proceeding in connection with anything done when conducting an inquiry.  2006, c. 32, Sched. A, s. 98. Reference to appropriate authorities (7) If the registrar, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the
Criminal Code (Canada), the registrar shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2009, c. 33, Sched. 6, s. 72 (2) - 01/06/2011; CTS 4 AU 09 - 3
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.14
223.14 (1) Every investigation by the Ombudsman shall be conducted in private.  2006, c. 32, Sched. A, s. 98. Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.  2006, c. 32, Sched. A, s. 98. Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and, for the purpose, references in section 19 of that Act to “any public sector body” are deemed to be references to “the municipality, a local board or a municipally-controlled corporation”. 2014, c. 13, Sched. 9, s. 21. (4) Repealed: 2014, c. 13, Sched. 9, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007; 2006, c. 35, Sched. C, s. 134 (3) - 20/08/2007 2014, c. 13, Sched. 9, s. 21 - 01/01/2016
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.15
223.15 (1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98. Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.  2006, c. 32, Sched. A, s. 98. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.16
223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.17
223.17 (1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part.  2006, c. 32, Sched. A, s. 98. Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.18
223.18 The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.19
223.19 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Auditor General who reports to council and is responsible for assisting the council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations.  2006, c. 32, Sched. A, s. 98. Same (1.1) The Auditor General shall perform his or her responsibilities under this Part in an independent manner.  2009, c. 33, Sched. 21, s. 6 (11). Exceptions (2) Despite subsection (1), the responsibilities of the Auditor General shall not include the matters described in clauses 296 (1) (a) and (b) for which the municipal auditor is responsible.  2006, c. 32, Sched. A, s. 98. Powers and duties (3) Subject to this Part, in carrying out his or her responsibilities, the Auditor General may exercise the powers and shall perform the duties as may be assigned to him or her by the municipality in respect of the municipality, its local boards and such municipally-controlled corporations and grant recipients as the municipality may specify.  2006, c. 32, Sched. A, s. 98. Grant recipients (4) The
authority of the Auditor General
to exercise powers and perform duties under this Part in relation to a grant recipient applies only in respect of grants received by the grant recipient directly or indirectly from the municipality, a local board or a municipally-controlled corporation after the date on which this section comes into force.  2006, c. 32, Sched. A, s. 98. Delegation (5) The Auditor General may delegate in writing to any person, other than a member of council, any of the Auditor General’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98. Same (6) The Auditor General may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 32, Sched. A, s. 98. Status (7) The Auditor General is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2009, c. 33, Sched. 21, s. 6 (11) - 25/01/2010