hordruma/ontario_laws_and_regs huggingface dataset:
PART I GENERAL
Purposes
2 Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.  2006, c. 32, Sched. A, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 2 - 01/01/2007
PART I GENERAL
Consultation
3 (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario.  2005, c. 8, s. 1. Review (2) The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review.  2001, c. 25, s. 3 (2). Section Amendments with date in force (d/m/y) 2005, c. 8, s. 1 - 13/06/2005
PART I GENERAL
Agreements with the federal government
3.1 The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality’s jurisdiction.  2006, c. 32, Sched. A, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 3 - 01/01/2007
PART I GENERAL
Body corporate
4 The inhabitants of every municipality are incorporated as a body corporate. 2017, c. 20, Sched. 8, s. 99 (1). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 4 - 01/01/2007 2017, c. 20, Sched. 8, s. 99 (1) - 19/10/2021
PART I GENERAL
Application of Acts
4.1 (1) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a municipality. 2017, c. 20, Sched. 8, s. 99 (1). Local boards and Not-for-Profit Corporations Act, 2010 (2) Except as prescribed, the Not-for-Profit Corporations Act, 2010 does not apply to a local board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (1). Regulations (3) The Lieutenant Governor in Council may, by regulation, prescribe for the purposes of subsection (2), (a)  a local board; (b)  the provisions of the Not-for-Profit Corporations Act, 2010 that are to apply to the local board; and (c)  any modifications subject to which those provisions are to apply to the local board. 2017, c. 20, Sched. 8, s. 99 (1). Definition (4) In this section, “local board” means a local board other than, (a)  a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, (b)  a board of management under the Fixing Long-Term Care Act, 2021, (c)  a body corporate established under the Planning Act, or (d)  a municipal service board established under this Act. 2017, c. 20, Sched. 8, s. 99 (1); 2021, c. 39, Sched. 2, s. 16 (1). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 99 (1) - 19/10/2021 2021, c. 39, Sched. 2, s. 16 (1) - 11/04/2022
PART I GENERAL
Powers exercised by council
5 (1) The powers of a municipality shall be exercised by its council.  2001, c. 25, s. 5 (1). Council a continuing body (2) Anything begun by one council may be continued and completed by a succeeding council.  2001, c. 25, s. 5 (2). Powers exercised by by-law (3) A municipal power, including a municipality’s capacity, rights, powers and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise.  2001, c. 25, s. 5 (3); 2006, c. 32, Sched. A, s. 5. Scope (4) Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise.  2001, c. 25, s. 5 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 5 - 01/01/2007
PART I GENERAL
Expropriation
6 (1) The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act.  2001, c. 25, s. 6. Extended power (2) A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Land Tribunal, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land.  2002, c. 17, Sched. A, s. 2; 2017, c. 23, Sched. 5, s. 40; 2021, c. 4, Sched. 6, s. 64 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 2 - 01/01/2003 2017, c. 23, Sched. 5, s. 40 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021
PART I GENERAL
Special Acts
7 (1) In this section, “special Act” means an Act relating to a particular municipality.  2001, c. 25, s. 7 (1). Relationship between this Act and special Acts (2) Except where otherwise expressly or by necessary implication provided, (a)  this Act does not limit or restrict the powers of a municipality under a special Act; and (b)  a special Act does not limit or restrict the powers of a municipality under this Act.  2001, c. 25, s. 7 (2). Override power (3) Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act: 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 which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act.  2006, c. 32, Sched. A, s. 6. Same (4) Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999.  2006, c. 32, Sched. A, s. 6. Exclusion (5) Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4).  2001, c. 25, s. 7 (5). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 9 (1) - 01/01/2007; 2006, c. 32, Sched. A, s. 6 - 01/01/2007
PART I GENERAL
Application re City of Toronto
7.1 (1) This Act does not apply to any of the following, except as otherwise provided by another provision of this Act or of the City of Toronto Act, 2006: 1.  The City of Toronto, a local board of the City (including a joint local board of the City) or a city corporation. 2.  Members of the council of the City, members of a local board of the City (including a joint local board of the City) or directors or members of a city corporation. 3.  Officers, employees or agents of the City, of a local board of the City (including a joint local board of the City) or of a city corporation.  2006, c. 11, Sched. B, s. 9 (2). Same (2) Subsection (1) does not affect the power of another municipality to enter into an agreement or undertake an activity jointly with the City of Toronto.  2006, c. 11, Sched. B, s. 9 (2). Same (3) Unless the context requires otherwise, the terms “municipality”, “local municipality” or “single-tier municipality”, when used in any other Act or regulation, include the City of Toronto and, when defined in any other Act or regulation as having the same meaning as in the Municipal Act, 2001, include the City of Toronto.  2006, c. 11, Sched. B, s. 9 (2); 2006, c. 32, Sched. A, s. 7. Definition (4) In this section, “city corporation” means a corporation established by the City of Toronto in accordance with section 148 of the City of Toronto Act, 2006.  2006, c. 11, Sched. B, s. 9 (2). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 9 (2) - 01/01/2007; 2006, c. 32, Sched. A, s. 7 - 01/01/2007 PART II   GENERAL MUNICIPAL POWERS
PART II GENERAL MUNICIPAL POWERS
Scope of powers
8 (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues.  2006, c. 32, Sched. A, s. 8. Ambiguity (2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force.  2006, c. 32, Sched. A, s. 8. Scope of by-law making power (3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may, (a)  regulate or prohibit respecting the matter; (b)  require persons to do things respecting the matter; (c)  provide for a system of licences respecting the matter.  2006, c. 32, Sched. A, s. 8. Scope of by-laws generally (4) Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.  2006, c. 32, Sched. A, s. 8. Exception (5) Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII.  2006, c. 32, Sched. A, s. 8. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 8 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
Powers of a natural person
9 A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.  2006, c  32, Sched. A, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 3 - 01/01/2003 2006, c. 32, Sched. A, s. 8 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
Definitions
11.1 In this Part, “animal” means any member of the animal kingdom, other than a human; (“animal”) “drainage business” means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; (“entreprise de drainage”) “lodging house” means any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, long-term care home, home for the young or institution if it is licensed, approved or supervised under any other Act; (“pension”) “plumbing business” means plumbing contractors, and persons who do any kind of plumbing work; (“entreprise de plomberie”) “salvage business” means salvage shops and salvage yards, including an automobile wrecking yard or premises; (“entreprise de récupération”) “second-hand goods” includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage; (“marchandises usagées”) “second-hand goods business” means second-hand goods shops and dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods; (“entreprise de marchandises usagées”) “septic tank business” means persons who carry on the business of providing septic tank cleaning and pumping services; (“entreprise de fosses septiques”) “taxicab broker” means a person who accepts calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person’s employer. (“agent de taxi”) 2006, c. 32, Sched. A, s. 8; 2007, c. 8, s. 218 (2); 2009, c. 22, s. 99; 2019, c. 7, Sched. 40, s. 64. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 8 - 01/01/2007 2007, c. 8, s. 218 (2)
- 01/07/2010 2009, c. 22, s. 99 - 08/04/2013 2019, c. 7, Sched. 40, s. 64 - 31/12/2021
PART II GENERAL MUNICIPAL POWERS
Previous transfer of powers
12 If, on December 31, 2002, an order under section 25.2 or 25.3 of the old Act, a by-law passed under section 209, 209.2 or 209.4 of the old Act or a by-law passed under section 41 of the Regional Municipality of Waterloo Act or under section 150 of the Regional Municipalities Act, as they read on that day, was in force, the order or by-law continues, and the power to pass by-laws conferred as a result of the order or by-law continues, despite section 11 and has the same effect as it had on December 31, 2002.  2001, c. 25, s. 12; 2002, c. 17, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 5 - 01/01/2003 General Restrictions
PART II GENERAL MUNICIPAL POWERS
Conflict between certain by-laws
13 (1) If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict.  2006, c. 32, Sched. A, s. 9. Example (2) Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality.  2006, c. 32, Sched. A, s. 9. Overlapping powers (3) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3).  2006, c. 32, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 9 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
Inoperative by-law
13.1 (1) A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2).  2006, c. 32, Sched. A, s. 9. Overlapping powers (2) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2).  2006, c. 32, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 9 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
Conflict between by-law and statutes, etc.
14 (1) A by-law is without effect to the extent of any conflict with, (a)  a provincial or federal Act or a regulation made under such an Act; or (b)  an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation.  2001, c. 25, s. 14. Same (2) Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument.  2006, c. 32, Sched. A, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 10 - 01/01/2007 Restrictions Affecting Municipal Powers
PART II GENERAL MUNICIPAL POWERS
Specific powers, by-laws under general powers
15 (1) If a municipality has power to pass a by-law under section 9, 10 or 11 and also under a specific provision of this or any other Act, the power conferred by section 9, 10 or 11 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision.  2001, c. 25, s. 15 (1); 2006, c. 32, Sched. A, s. 11 (1). Interpretation (1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision.  2006, c. 32, Sched. A, s. 11 (2). Application to new and existing provisions (2) Subsection (1) applies whether the specific provision was enacted before or after, (a)  the day this section comes into force; or (b)  the day a by-law passed under section 9, 10 or 11 comes into force.  2001, c. 25, s. 15 (2); 2006, c. 32, Sched. A, s. 11 (3). No retroactive effect (3) Nothing in this section invalidates a by-law which was passed in accordance with the procedural requirements in force at the time the by-law was passed.  2001, c. 25, s. 15 (3). Interpretation (4) Subsection (1) applies to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision.  2006, c. 32, Sched. A, s. 11 (4). Fences, signs, etc. (5) The power to pass a by-law under section 9, 10 or 11 with respect to fences and signs and such other matters as may be prescribed is not affected by this section.  2006, c. 32, Sched. A, s. 11 (4). Regulations (6) The Minister may make regulations prescribing matters for the purpose of subsection (5).  2006, c. 32, Sched. A, s. 11 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 11 (1-4) - 01/01/2007 16 Repealed:  2006, c. 32, Sched. A, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 12 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
Restrictions, financial matters
17 (1) Sections 9, 10 and 11 do not authorize a municipality to, (a)  impose taxes; (b)  borrow or invest money or sell debt; (c)  incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking; (d)  enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt; (e)  make a grant or a loan; (f)  take any other prescribed financial action; (g)  become a bankrupt under the
Bankruptcy and Insolvency Act (Canada); or (h)  as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act.  2006, c. 32, Sched. A, s. 13. Regulations (2) The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f).  2006, c. 32, Sched. A, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 6 (1-3) - 01/01/2003 2006, c. 32, Sched. A, s. 13 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
19.
19 (1) By-laws and resolutions of a municipality apply only within its boundaries, except as provided in subsection (2) or in any other provisions of this or any other Act.  2001, c. 25, s. 19 (1). Exception, services (2) A municipality may exercise its powers, other than its power to impose taxes, to provide a municipal system to provide a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies: 1.  The service or thing is provided only to inhabitants of the municipality providing the service or thing. 2.  The other municipality is a single-tier municipality and the service or thing is provided with its consent. 3.  The other municipality is a lower-tier municipality and the service or thing is provided with the consent of, i.  the lower-tier municipality, if it has jurisdiction to provide the service or thing in the area, ii.  its upper-tier municipality, if it has that jurisdiction, or iii.  both the lower-tier municipality and its upper-tier municipality, if they both have that jurisdiction. 4.  The service or thing is provided in unorganized territory, i.  with the consent of a local body that has jurisdiction to provide the service or thing in the area, or ii.  with the consent of the person who receives the service or thing, if no local body has jurisdiction.  2001, c. 25, s. 19 (2); 2002, c. 17, Sched. A, s. 7. Terms (3) A consent under subsection (2) may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon.  2001, c. 25, s. 19 (3). Definition (4) In subsection (2), “local body” means a local services board, local roads board, school board, district social services administration board, board of health and any other board, commission, body or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory.  2001, c. 25, s. 19 (4); 2019, c. 14, Sched. 7, s. 14 (1); 2019, c. 14, Sched. 14, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 7 - 01/01/2003 2019, c. 14, Sched. 7, s. 14 (1) - 10/12/2019; 2019, c. 14, Sched. 14, s. 9 - 01/01/2022 Agreements
PART II GENERAL MUNICIPAL POWERS
20.
20 (1) A municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries.  2001, c. 25, s. 20 (1). Outside boundaries (2) The municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter.  2001, c. 25, s. 20 (2).
PART II GENERAL MUNICIPAL POWERS
21.
21 (1) A municipality may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether the reserve is within the municipality or not.  2001, c. 25, s. 21 (1). Power (2) The municipality may provide the system outside its boundaries in accordance with the agreement.  2001, c. 25, s. 21 (2).
PART II GENERAL MUNICIPAL POWERS
22.
22 (1) A municipality may provide a system that it would otherwise not have power to provide within the municipality, if it does so in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario.  2001, c. 25, s. 22 (1). Power (2) The municipality may provide the system outside its boundaries in accordance with the agreement.  2001, c. 25, s. 22 (2). Outside boundaries (3) A municipality may provide a system that it has power to provide within the municipality outside its boundaries in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario.  2001, c. 25, s. 22 (3); 2006, c. 32, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 14 - 01/01/2007