hordruma/ontario_laws_and_regs huggingface dataset:
PART II GENERAL MUNICIPAL POWERS
23.1
23.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part.  2006, c. 32, Sched. A, s. 15. Scope of power (2) The following rules apply to a by-law delegating any of the municipality’s powers or duties: 1.  A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality’s power to revoke the delegation. 2.  A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation. 3.  A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power. 4.  A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the municipality and the delegate. 5.  A delegation may be made subject to such conditions and limits as the council of a municipality considers appropriate. 6.  Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power.  2006, c. 32, Sched. A, s. 15. Same (3) The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following: 1.  A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 5 (3). 2.  Procedures that the delegate is required to follow. 3.  The accountability of the delegate and the transparency of the delegate’s actions and decisions.  2006, c. 32, Sched. A, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 15 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
23.2
23.2 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to, (a)  one or more members of its council or a council committee; (b)  a body having at least two members of whom at least 50 per cent are, (i)  members of its council, (ii)  individuals appointed by its council, (iii)  a combination of individuals described in subclauses (i) and (ii); or (c)  an individual who is an officer, employee or agent of the municipality.  2006, c. 32, Sched. A, s. 15. Restriction re applicable Acts (2) For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed.  2006, c. 32, Sched. A, s. 15. Restriction re certain corporations (3) Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 203.  2006, c. 32, Sched. A, s. 15. Restriction re officers, employees, etc. (4) No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of the council of the municipality, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, the council, in addition to any other factors it wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power.  2006, c. 32, Sched. A, s. 15. Same (5) Without limiting subsection (4), the following are examples of powers considered to be of a minor nature: 1.  The power to close a highway temporarily. 2.  The power to issue and impose conditions on a licence. 3.  The powers of the council of a municipality that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002: i.  Paragraphs 107, 108, 109 and 110 of section 210. ii.  Paragraph 3 of section 308. iii.  Subsection 312 (2) and clauses 312 (4) (a) and (b).  2006, c. 32, Sched. A, s. 15. Regulations (6) The Minister may make regulations prescribing Acts for the purpose of subsection (2).  2006, c. 32, Sched. A, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 15 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
23.3
23.3 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties: 1.  The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act. 2.  The power to pass a by-law under section 400.1 and Parts VIII, IX, IX.1 and X. 3.  The power to incorporate corporations in accordance with section 203. 4.  The power to adopt an official plan or an amendment to an official plan under the Planning Act. 5.  The power to pass a zoning by-law under the Planning Act, except as provided under section 39.2 of that Act. 6.  The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6), (7) and (7.1). 7.  The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act. 8.  The power to adopt or amend the budget of the municipality. 9.  Any other power or duty that may be prescribed.  2006, c. 32, Sched. A, s. 15; 2017, c. 8, Sched. 19, s. 2; 2021, c. 34, Sched. 19, s. 2; 2023, c. 17, Sched. 2, s. 21 (1). Delegation of administrative powers (2) Nothing in subsection (1) prevents a municipality from delegating its administrative powers.  2006, c. 32, Sched. A, s. 15. Regulations (3) The Minister may make regulations, (a)  restricting or imposing conditions on the power of a municipality to delegate its power and duties; (b)  prescribing powers and duties for the purpose of paragraph 9 of subsection (1).  2006, c. 32, Sched. A, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 15 - 01/01/2007 2017, c. 8, Sched. 19, s. 2 - 01/12/2017 2021, c. 34, Sched. 19, s. 2 - 02/12/2021 2023, c. 17, Sched. 2, s. 21 (1) - 04/12/2023
PART II GENERAL MUNICIPAL POWERS
23.4
23.4 (1) When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board.  2006, c. 32, Sched. A, s. 15. Limitation (2) If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act, (a)  authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so; (b)  removes from the municipality its power to finance the capital and operating costs of providing the service or activity as if the municipality had control and management of the service or activity; or (c)  removes from the municipality its power to deal with real and personal property in connection with the service or activity as if the municipality had control and management of the service or activity.  2006, c. 32, Sched. A, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 15 - 01/01/2007 Delegation re hearings
PART II GENERAL MUNICIPAL POWERS
23.5
23.5 (1) This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.  2006, c. 32, Sched. A, s. 15. Delegation authorized (2) Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.  2006, c. 32, Sched. A, s. 15. Rules re effect of delegation (3) If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply: 1.  If the person or body holds the hearing or provides the opportunity to be heard, the municipality is not required to do so. 2.  If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.  2006, c. 32, Sched. A, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 15 - 01/01/2007
PART II GENERAL MUNICIPAL POWERS
23.6
23.6 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish one or more community councils which are responsible for, (a)  exercising the powers and duties that have been delegated to the community council by the municipality with respect to matters relating to all or part of the municipality; and (b)  performing the functions assigned to the community council by the municipality with respect to matters relating to all or part of the municipality, which may include the function of making recommendations to council on any matter, such as the budget. 2017, c. 10, Sched. 1, s. 3. Composition of community council (2) A community council may include, (a)  a council committee; or (b)  a body having at least two members that is composed of, (i)  one or more members of council, (ii)  individuals appointed by council, or (iii)  a combination of individuals described in subclauses (i) and (ii). 2017, c. 10, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 3 - 30/05/2017 PART III   SPECIFIC MUNICIPAL POWERS Highways
PART III SPECIFIC MUNICIPAL POWERS
26.
26 The following are highways unless they have been closed: 1.  All highways that existed on December 31, 2002. 2.  All highways established by by-law of a municipality on or after January 1, 2003. 3.  All highways transferred to a municipality under the Public Transportation and Highway Improvement Act. 4.  All road allowances made by the Crown surveyors that are located in municipalities. 5.  All road allowances, highways, streets and lanes shown on a registered plan of subdivision.  2001, c. 25, s. 26.
PART III SPECIFIC MUNICIPAL POWERS
27.
27 (1) Except as otherwise provided in this Act, a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway.  2001, c. 25, s. 27 (1). Joint jurisdiction (2) If a highway is under the joint jurisdiction of two or more municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway.  2001, c. 25, s. 27 (2).
PART III SPECIFIC MUNICIPAL POWERS
28.
28 (1) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, a municipality has jurisdiction or joint jurisdiction, as the case may be, over the following highways: 1.  All highways over which it had jurisdiction or joint jurisdiction on December 31, 2002. 2.  All highways established by by-law of the municipality on or after January 1, 2003. 3.  All highways transferred to the municipality under this Act, the Public Transportation and Highway Improvement Act or any other Act.  2001, c. 25, s. 28 (1). Local municipalities (2) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act, a local municipality has jurisdiction over, (a)  all road allowances located in the municipality that were made by the Crown surveyors; and (b)  all road allowances, highways, streets and lanes shown on a registered plan of subdivision.  2001, c. 25, s. 28 (2).
PART III SPECIFIC MUNICIPAL POWERS
29.
29 (1) Subject to section 28 and to a by-law passed under section 52, the local municipalities on either side of a boundary line between municipalities have joint jurisdiction over any highways forming the boundary line.  2001, c. 25, s. 29 (1). Joint jurisdiction, bridges (2) Subject to section 28 and to a by-law passed under section 52, if a bridge joins a highway under the jurisdiction of any municipality to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities.  2001, c. 25, s. 29 (2). Deviation of boundary lines (3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within one of the boundary municipalities, the highway shall be deemed to be the boundary line between the two municipalities for the purposes of determining jurisdiction over the highway.  2001, c. 25, s. 29 (3). (4), (5) Repealed:  2002, c. 17, Sched. A, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 8 - 01/01/2003
PART III SPECIFIC MUNICIPAL POWERS
29.1
29.1 (1) If municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located.  2002, c. 17, Sched. A, s. 9. Effect (2) If municipalities enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part.  2002, c. 17, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 9 - 01/01/2003
PART III SPECIFIC MUNICIPAL POWERS
31.
31 (1) Repealed:  2006, c. 32, Sched. A, s. 16 (1). By-law necessary (2) After January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money.  2001, c. 25, s. 31 (2); 2006, c. 32, Sched. A, s. 16 (2). Certain highways not affected (3) Subsection (2) does not apply to highways described in paragraphs 3, 4 and 5 of section 26.  2001, c. 25, s. 31 (3). Exclusion (4) A municipality may by by-law assume the following highways for public use and section 44 does not apply to the highways until the municipality has passed the by-law: 1.  An unopened road allowance made by the Crown surveyors. 2.  A road allowance, highway, street or lane shown on a registered plan of subdivision.  2001, c. 25, s. 31 (4). Other exclusions (5) Section 44 does not apply to a highway laid out or built by any person before January 1, 2003 unless it was assumed for public use by the municipality or it has been established by by-law.  2001, c. 25, s. 31 (5). Widening highways (6) If a municipality acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening.  2001, c. 25, s. 31 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 16 (1, 2) - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
32.
32 Despite section 19, a municipality may by by-law establish a highway in adjoining unorganized territory.  2001, c. 25, s. 32. 33 Repealed:  2006, c. 32, Sched. A, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 17 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
34.
34 (1) A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.  2006, c. 32, Sched. A, s. 18.  Consent (2) A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway, (a)  abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b)  leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.  2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
35.
35 Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.  2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007 36-39 Repealed:  2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
40.
40 (1) A municipality may, (a)  designate a highway as a toll highway; and (b)  operate and maintain the designated highway as a toll highway.  2001, c. 25, s. 40 (1); 2006, c. 32, Sched. A, s. 19. Restriction (2) Despite subsection (1) and section 35, a municipality does not have the power to designate, operate and maintain a highway as a toll highway until a regulation is made under this section that applies to the proposed toll highway.  2001, c. 25, s. 40 (2). Regulations (3) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including, (a)  requiring a municipality to obtain the approval of any person or body before designating, operating or maintaining a highway as a toll highway; (b)  providing for criteria which must be met before a municipality can designate, operate or maintain a highway as a toll highway; (c)  imposing conditions and limitations on the powers of the municipality to designate, operate or maintain a highway as a toll highway; (d)  granting municipalities powers with respect to the operation and maintenance of a toll highway, including powers with respect to the collection and enforcement of tolls imposed for the use of a toll highway; (e)  without limiting clause (d), providing that the provisions of the Capital Investment Plan Act, 1993 and the regulations under that Act which relate to toll highways apply to municipalities with such changes as are prescribed; (f)  establishing process requirements with respect to the designation, operation and maintenance of a highway as a toll highway, including requiring a municipality to provide notice to the Minister or any other person or body of its intention to designate a highway as a toll highway; (g)  providing that the Minister or any other person or body who receives notice under clause (f) may prohibit the municipality from making the designation even though the designation is otherwise authorized under the regulation.  2001, c. 25, s. 40 (3). Conflicts (4) In the event of a conflict between a regulation under this section and a provision of any Act or regulation, the regulation under this section prevails.  2001, c. 25, s. 40 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 19 - 01/01/2007 41, 42 Repealed:  2006, c. 32, Sched. A, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 20 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
45.
45 (1) No proceeding shall be commenced against a member of council or an officer or employee of the municipality for damages based on the default of the municipality in keeping a highway or bridge in a state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge.  2001, c. 25, s. 45 (1). Exception, contractors (2) Subsection (1) does not apply to a contractor with the municipality, including any officer or employee who is acting as a contractor, whose act or omission caused the damages.  2001, c. 25, s. 45 (2).
PART III SPECIFIC MUNICIPAL POWERS
46.
46 Subsections 44 (8) to (15) apply to an action brought against a municipality for damages that result from the presence of any nuisance on a highway.  2001, c. 25, s. 46; 2006, c. 32, Sched. A, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 21 - 01/01/2007 47 Repealed:  2006, c. 32, Sched. A, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 22 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
48.
48 A local municipality may name or change the name of a private road after giving public notice of its intention to pass the by-law.  2001, c. 25, s. 48. 49 Repealed:  2006, c. 32, Sched. A, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 22 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
51.
51 (1) Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality.  2006, c. 32, Sched. A, s. 23. Limitation (2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle.  2001, c. 25, s. 51 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 23 - 01/01/2007
PART III SPECIFIC MUNICIPAL POWERS
52.
52 (1) An upper-tier municipality may add a lower-tier highway, including a boundary line highway, to its highway system from any of its lower-tier municipalities.  2001, c. 25, s. 52 (1). Boundary line (2) An upper-tier municipality may add to its highway system such highways forming the boundary line between the upper-tier municipality and an adjoining municipality as are agreed upon between them, in which case the upper-tier municipality and the adjoining municipality have joint jurisdiction over the highways.  2001, c. 25, s. 52 (2). Jurisdiction (3) If a highway forms part of the upper-tier highway system, the upper-tier municipality has jurisdiction over the highway.  2001, c. 25, s. 52 (3). Removal (4) An upper-tier municipality may remove a highway, including a boundary line highway, from its system.  2001, c. 25, s. 52 (4). Effect of removal (5) If a highway is removed from an upper-tier highway system, it is under the jurisdiction of the lower-tier municipality in which the highway is located.  2001, c. 25, s. 52 (5). Joint jurisdiction (6) If a highway that forms the boundary line between two lower-tier municipalities forming part of the same upper-tier municipality is removed from an upper-tier highway system, section 29 applies in respect of that highway.  2001, c. 25, s. 52 (6). Same (7) If a highway that forms the boundary line between an upper-tier municipality and an adjoining municipality is removed from the upper-tier highway system, the lower-tier municipality in which the highway is located and the adjoining municipality have joint jurisdiction over the highway.  2001, c. 25, s. 52 (7).
PART III SPECIFIC MUNICIPAL POWERS
53.
53 If jurisdiction over a highway is transferred from one municipality to another municipality under section 52, (a)  the municipality to which jurisdiction over the highway has been transferred stands in the place of the transferor under any agreement in respect of the highway; and (b)  if jurisdiction over the highway has been transferred from a lower-tier municipality to its upper-tier municipality, the upper-tier municipality shall pay to the lower-tier municipality, before the due date, all amounts becoming due upon any debt of the lower-tier municipality in respect of the highway.  2001, c. 25, s. 53.