By-laws, all municipalities
207.By-laws may be passed by the councils of all municipalities: Agreements and Contracts Fire protection agreements 1. For entering into agreement with any other municipality or person for the use of the fire-fighting equipment, or any of it, of the municipality or of such other municipality or person upon such terms and conditions and for such consideration based on cost as may be agreed upon, but despite any such agreement no liability accrues to the municipality or person for failing to supply the use of the fire-fighting equipment, or any of it. Water supply contracts 2. For contracting for a supply of water within the municipality for fire purposes and other public uses, from hydrants or otherwise as may be considered advisable, and for renting hydrants for any number of years not, in the first instance, exceeding ten, and for renewing the contract from time to time for periods not exceeding ten years, as the council may consider proper, or for purchasing or erecting hydrants necessary for any of such purposes. R.S.O. 1990, c. M.45, s. 207, pars. 1, 2. Insurance 3. For contracting for insurance, exchanging with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act and for self-insuring, against risks that may involve pecuniary loss or liability on the part of the corporation, and for paying premiums therefor. (a) Despite subsections 387 (1) and (2) of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in such securities as a municipality may invest in under section 167. (b) The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange, agree in writing and if section 386 of the Insurance Act is complied with. (c) A local board, as defined in the Municipal Affairs Act, has the same powers to contract for insurance, to exchange reciprocal contracts of indemnity and to self-insure as are conferred upon the council of a municipality under this paragraph. R.S.O. 1990, c. M.45, s. 207, par. 3; 1996, c. 32, s. 49 (1). Agreement with adjoining municipality or the owner of any works as to sewage works 4. For entering into agreement with the corporation of an adjoining municipality or with the owner of any sewage works for the use or interchange of any sewage works for the disposal, interception or purification of sewage, and for making all necessary connections and acquiring land in or adjacent to the municipality for any of such purposes, and for providing for the payment by one municipality or party to the other, annually or otherwise, of such sums as may be agreed upon as compensation for any such interchange or use. Joint operation of works, systems and services 5. For entering into agreement with one or more municipalities to provide for the joint management and operation of water systems, sewage systems, works for the disposal, interception or purification of sewage, garbage collection and disposal systems, hydro-electric systems, transportation systems, road systems, fire departments, police departments, or other municipal utility, systems or services, and for the establishment of joint boards of management thereof. (a) Each regional, metropolitan and district municipality and the County of Oxford may make by-laws for the purpose of this paragraph. Joint acquisition and operation of water system, etc. 6. For entering into agreement with one or more municipalities for the establishment, acquisition, enlargement or extension of water systems, sewage systems and sewage disposal works to be jointly owned by the municipalities that have entered into agreement and operated for their joint use upon such terms as may be agreed upon. Contracts for street watering or oiling 7. For entering into agreement with a company, board or commission operating a transportation system in the municipality for watering or oiling any of the highways for any number of years, not exceeding five, and for renewing such agreement from time to time for a period not exceeding five years. Provision of municipal services to Indian band reserves 8. For entering into agreement with an Indian band for the provision of any municipal service within the limits of the reserve occupied by the band upon such terms as may be agreed. Providing for determination of disputes under agreements 9. For providing in any agreement that may be lawfully made with another municipality that any dispute arising out of such agreement may be determined by the Municipal Board as sole arbitrator. Air Harbours and Landing Grounds Air harbours and landing grounds 10. For establishing, operating, maintaining and improving aerodromes in compliance with the Air Regulations (Canada), and for entrusting the control and management of any aerodrome so established to a commission appointed by the council. (a) For the purposes of this paragraph, the council of a local municipality may acquire land in the municipality or in any adjacent or an adjoining municipality or in any adjacent or adjoining territory without municipal organization, or may acquire by lease or otherwise an existing aerodrome in any municipality or in territory without municipal organization. Associations Officers becoming members of municipal associations 11. For any of the elected or appointed officers of the corporation becoming members of any municipal union or association or any other association for extending and improving the technical skill of such officers in the discharge of their municipal duties and for paying the whole or part of the fees for such membership and for paying the expenses of such officers attending any meeting of the association or upon its business. Membership in associations 12. For the corporation becoming a member of or for appointing a representative to the membership of any association or organization where in the opinion of council it would be in the interests of the municipality to do so, and for paying the fees for such membership and for paying the expenses of delegates or representatives to any meeting of the association or organization or upon its business and for making contributions for the expenses of the association or organization. R.S.O. 1990, c. M.45, s. 207, pars. 4-12. Drainage and Floods Construction of drains, sewers, sewage disposal works, etc. 13. For constructing, maintaining, improving, repairing, widening, altering, diverting and stopping up drains, sewers or watercourses; for constructing, maintaining, repairing and improving dams and other water control structures; for providing an outlet for a sewer or establishing works or basins for the interception or purification of sewage; for making all necessary connections therewith, and for acquiring land in or adjacent to the municipality for any of such purposes. (a) Before passing a by-law under this paragraph, the council may direct that an engineer’s report, with or without a survey, be prepared and the cost thereof may be levied against all the rateable property in the municipality or in a defined area thereof that in the opinion of council derives special benefit therefrom. (b) The cost of such construction, maintaining, improving, repairing, widening, altering, diverting, stopping up and acquisition may be levied against all rateable property in the municipality or in a defined area thereof that in the opinion of council derives special benefit therefrom. R.S.O. 1990, c. M.45, s. 207, par. 13; 1996, c. 1, Sched. M, s. 5 (1). Works for prevention of damage by flooding 14. For the purpose of preventing damage to any highway or bridge or to any property within the municipality by floods arising from the overflowing or damming back of a river, stream or creek flowing through or in the neighbourhood of the municipality, for acquiring land in the municipality or in any adjoining or neighbouring municipality, and for constructing such works as may be considered necessary for that purpose, and for deepening, widening, straightening or otherwise improving such river, stream or creek in the land so acquired, or removing from it islands, rocks or other natural obstructions to the free flow of the water. Agreements to prevent damage by floods 15. For entering into agreement with Her Majesty in right of Ontario and for entering into agreement with one or more municipalities and Her Majesty in right of Ontario to acquire and hold for and on behalf of Her Majesty in right of Ontario any land and premises in the municipality or in any other municipality for the purpose of preventing damage by floods and for doing all such things as may be considered necessary for that purpose. (a) Such land and premises shall be used and disposed of as directed by the Lieutenant Governor in Council. (b) For the purposes of the Assessment Act, such land and premises shall be deemed a public park. Obstruction of drains 16. For prohibiting the obstruction of any drain or watercourse and for requiring the person causing the obstruction to remove it. Construction of culverts, etc., crossing drains 17. For permitting and regulating the size and mode of construction of culverts and bridges that cross any drain or watercourse situated on a highway under the jurisdiction of the municipality. Exhibitions, etc. Acquiring land for agricultural exhibitions, etc. 18. For acquiring land within or without the municipality as a place for holding agricultural, horticultural or industrial exhibitions and for erecting and maintaining buildings thereon for that purpose and for the management of the same. Public fairs 19. For regulating and governing public fairs. Power to lease 20. For leasing for any period, not exceeding three years from the making of the lease, any part of the land acquired under paragraph 18, that is not immediately required for the purposes for which it was acquired. General Census 21. For taking a census of the inhabitants. Expenditures for publicity 22. For providing for disseminating information respecting the advantages of the municipality as an industrial, agricultural, business, educational, residential or vacation centre. (a) The power conferred by this section may be exercised jointly by two or more municipalities. Agreements respecting use of employees and equipment 23. For providing for the use by any person of any of the employees or mechanical equipment of the municipality and for fixing the terms, conditions and charges therefor. Things of historical interest 24. For providing for keeping in the custody of the municipality things of historical value or interest donated or loaned to the municipality and for entering into agreements with the donor or lender for the keeping of such things. (a) Section 74 does not apply to records, books, accounts and documents in the custody of a municipality pursuant to an agreement under this paragraph where the agreement contains provisions respecting the access of the public to such things. (b) Despite clause (a) or the terms of the agreement, section 74 applies where an agreement under this paragraph is made with a person who at the time of executing the agreement was an employee or a member of the council of the municipality. R.S.O. 1990, c. M.45, s. 207, pars. 14-24. 25. Repealed: 1996, c. 32, s. 49 (5). 26. Repealed: 1996, c. 1, Sched. M, s. 5 (2). Public bathing houses 27. For establishing and maintaining public bathing houses. Community programs 28. For carrying on any community or joint community program of recreation within the meaning of the regulations under the Ministry of Tourism and Recreation Act, and for spending money for such purposes. R.S.O. 1990, c. M.45, s. 207, pars. 27, 28. 29. Repealed: 1991, c. 15, s. 5. Rewards 30. For offering and paying on the conviction of the offender a reward to any person who supplies information leading to the apprehension or conviction of any person guilty of any offence whether triable summarily or on indictment, and for offering and paying a reward to any person for information leading to the location or return of missing persons and property. Harbours, Wharves, etc. Making, etc., of wharves, docks, etc. 31. For making, improving and maintaining public wharves, docks and slips, and for preserving shores, bays, harbours, rivers or waters and the banks thereof. Regulating harbours 32. For regulating harbours. Injuring, filling up, etc., of harbours, wharves 33. For prohibiting the injuring, fouling, filling up or encumbering of a public wharf, dock, slip, drain, sewer, water or suction pipe, shore, bay, harbour, river or water. Beacons 34. For erecting and maintaining beacons. Erecting and regulating use of docks, etc. 35. For erecting, maintaining, operating and renting grain elevators, wharves, piers and docks in harbours, and floating elevators, derricks, cranes and other machinery for loading, discharging or repairing vessels, and for regulating the use of such facilities and prohibiting the use of such facilities by boats and other craft for any time in excess of such period or periods of time as may be prescribed in the by-law, and for regulating and requiring the removal of any boat or craft using any of such facilities in excess of such period or periods of time. Vessels, harbour dues, etc. 36. For regulating vessels, crafts and rafts arriving in a harbour, and for imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. Removal of door-steps, railings, projecting over wharf, dock, etc. 37. For requiring the owner or occupant of the land, in connection with which the same exist, to remove door-steps, porches, railings or other erections or obstructions projecting into or over any public wharf, dock, slip, shore, bay, harbour, river or water. Removal of sunken vessels, etc., from harbours, etc. 38. For requiring and regulating the removal from any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water, of all sunken, grounded or wrecked vessels, barges, crafts, cribs, rafts, logs or other obstructions or encumbrances, by the owner, charterer or person in charge, or any other person who ought to remove the same. Highways and Bridges Regulating driving on roads and bridges 39. For regulating the driving of horses or cattle and the riding of horses on highways and bridges. Prohibiting racing on highways 40. For prohibiting racing, immoderate or dangerous driving or riding on highways or bridges. Laying of pipes for petroleum, etc. 41. Despite any other Act, for laying or maintaining, or for authorizing any person to lay, use or maintain, pipes or conduits for transmitting gasoline, petroleum or petroleum products, anti-freeze, brine or other similar products along, under, in or upon highways or land owned by the municipality; and for making such annual or other charge for the privilege conferred as the council considers reasonable; and for entering into agreements with persons for the use by them of such pipes or conduits on such terms and conditions as may be agreed upon. (a) Such annual or other charge and any expense incurred by the corporation in restoring the highway to its former condition shall be payable and payment may be enforced in like manner as taxes. Prohibiting vehicles on sidewalks, etc. 42. For prohibiting carriages, wagons, bicycles, sleighs and other vehicles and conveyances of every description, and whatever the motive power, or any particular kind or class of such vehicles or conveyances being upon, or being used, drawn, hauled or propelled along or upon, any sidewalk, pathway or footpath, used by or set apart for the use of pedestrians and forming part of any highway or bridge, boulevard or other means of public communication, or being in or upon any highway, boulevard, park, park-lot, garden or other place set apart for ornament or embellishment or for public recreation. Temporary closing of highway for repairs, etc. 43. For closing temporarily any highway or portion of a highway under the jurisdiction of the municipality for any period during the construction, repairing or improvement of such highway or portion thereof or of any works under, over, along, across or upon such highway or portion thereof and for authorizing a committee of council or a municipal officer or employee, subject to such conditions as council may impose, to exercise any of the powers of council under this paragraph. (a) Where a highway or portion thereof is closed by by-law under this paragraph, the municipality shall provide and keep in repair a reasonable temporary alternative route for traffic and for all property owners who cannot obtain access to their property by reason of such closing. (b) While a highway or portion thereof is so closed to traffic, there shall be erected at each end of such highway or portion thereof, and where an alternative route deviates therefrom, a barricade upon which an adequate warning device shall be exposed and in good working order continuously from sunset until sunrise and at such points there shall be erected a detour sign indicating the alternative route and containing a notice that the highway is closed to traffic. (c) Every person who uses a highway or portion of a highway so closed to traffic does so at their own risk and the municipality having jurisdiction over the highway is not liable for any damage sustained by a person using the highway or portion thereof so closed to traffic. (d) Every person who without lawful authority uses a highway or portion thereof so closed to traffic while it is protected in accordance with this paragraph, or who removes or defaces any barricade, device, detour sign or notice placed thereon by lawful authority, is guilty of an offence and is also liable to the municipality having jurisdiction for any damage or injury occasioned by such wrongful use, removal or defacement. Temporary closing of highway 44. For closing to vehicular traffic on a temporary basis for such period as shall be specified in the by-law, any highway under the jurisdiction of the council for such social, recreational, community, athletic or cinematographic purpose, or combination of such purposes, as may be specified in the by-law and for authorizing a committee of council or a municipal officer or employee, subject to such conditions as council may impose, to exercise any of the powers of council under this paragraph. (a) Clauses (a) and (b) of paragraph 43 apply with necessary modifications to every municipality where the council of the municipality has passed a by-law under this paragraph. (b) A by-law under this paragraph may prohibit the use, except for pedestrian traffic, of the highway or portion of the highway so closed during the period of closure except under the authority of a permit issued under the by-law upon such terms and conditions, including such fee for the permit, as may be set out in the by-law. Municipal Employees Appointing certain officers 45. For appointing such officers and employees as may be necessary for the purposes of the corporation, or for carrying into effect any Act of the Legislature or by-law of the council, and for fixing their remuneration and prescribing their duties, and the security to be given for the performance of them. Pensions 46. Subject to such limitations and restrictions as the Lieutenant Governor in Council may prescribe by regulations, for providing pensions for employees or any class thereof and their widows or widowers and children and for increasing the amount of pensions for or in respect of retired employees or any class thereof and their widows or widowers and children. Definitions (a) In this paragraph, “employee” means any salaried officer or any other person in the employ of the municipality or of a local board and includes a member of the police force of the municipality and any person or class of person designated as an employee by the Minister; “local board” includes any school board, public utility commission, transportation commission, public library board, board of park management, local board of health, police services board and any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or portions thereof but does not include a hospital established under any general or special Act and operated by a municipal corporation; “retired employee” means a person who was formerly an employee of a municipality or of a local board and to whom or in respect of whom a pension is being paid under an approved pension plan as defined in section 117 or under the Ontario Municipal Employees Retirement System. Payments to be deemed current expenditures (b) Payments made under this paragraph or under the Ontario Municipal Employees Retirement System Act with respect to past service may be on a deferred basis or provided by the issue of debentures and raised in a subsequent year or years and payments with respect to past service and future service shall be deemed to be current expenditures. Payments to be deducted from salary, etc. (c) The municipality or local board shall deduct by instalments from the salary, wages or other remuneration of each employee to whom the by-law is applicable the amount that such employee is required to pay in accordance with the provisions of the plan that provides a pension for such employee. Payments by local board to municipality (d) Where any employee of a local board is a member of a pension plan provided by a municipality, the local board shall pay to the treasurer of the municipality the payments and deductions made for past and future service of such employee. Municipalities may agree to provide pensions (e) Any two or more municipalities may provide by agreement for pensions for employees or any class thereof, and in such case this paragraph applies with necessary modifications and it shall be agreed that one of the parties shall be deemed to be the municipality and the other parties shall be deemed to be local boards within the meaning of this paragraph. Local boards may provide pensions (f) Any local board may provide pensions for employees or any class thereof and this paragraph applies with necessary modifications thereto. Sick leave credit gratuities 47. For establishing a plan of sick leave credit gratuities for employees or any class thereof provided that on the termination of employment no employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit and in any event not in excess of the amount of one-half year’s earnings at the rate received by him or her immediately prior to termination of employment. Definition (a) In this paragraph, “employee” means an employee as defined in paragraph 46. Allowing of credits on transfer of employment (b) A by-law passed under this paragraph may provide, upon such terms and conditions as may be prescribed, for placing to the credit of an employee formerly employed by another municipality or local board which had established a sick leave credit plan under this or any other general or special Act the whole or any part of the sick leave credits standing to the credit of the employee in the plan of the municipality or local board formerly employing the employee. Local boards (c) Any local board, except a school board, may establish a plan of sick leave credit gratuities for employees or any class thereof, and this paragraph applies with necessary modifications thereto. R.S.O. 1990, c. M.45, s. 207, pars. 30-47. Insurance, hospitalization, etc. 48. Subject to the Health Insurance Act, for providing by contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act, i. group life insurance for employees or retired employees or any class or classes thereof, ii. group accident insurance or group sickness insurance for employees or retired employees or any class or classes thereof and their spouses, same-sex partners and children, and iii. hospital, medical, surgical, nursing or dental services or payment therefor for employees or retired employees or any class or classes thereof and their spouses, same-sex partners and children, and for paying the whole or part of the cost thereof. Definitions (a) In this paragraph, “employee” means an employee as defined in paragraph 46; and “retired employee” means a person who was formerly an employee of the municipality or of a local board or who was formerly a member of the police force of the municipality, and any person or class of person designated as an employee by the Minister. (b) Any local board may provide insurance and hospital, medical, surgical, nursing or dental services and payment therefor in the same manner and for the same classes of persons as the council of a municipality, and this paragraph applies with necessary modifications thereto. R.S.O. 1990, c. M.45, s. 207, par. 48; 1999, c. 6, s. 40 (6). Contributions to health plans 49. For paying the whole or part of the cost to employees or retired employees of the plan of hospital care insurance or of health services insurance provided for under the Health Insurance Act. Definition (a) In this paragraph, “employee” means an employee as defined in paragraph 46 and “retired employee” means a retired employee as defined in clause (a) of paragraph 48. (b) Any local board may contribute toward the cost to employees or retired employees of the plan of hospital care insurance or of health services insurance provided for under the Health Insurance Act and this paragraph applies with necessary modifications thereto. Liability insurance, payment of damages, etc. 50. For contracting for insurance and, despite the Insurance Act, enabling the municipality to be or act as an insurer, to protect the employees of the municipality, or any class of such employees, against risks that may involve liability on the part of the employees and for paying premiums therefor or for paying any damages or costs awarded against any of the employees or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees including while acting in the performance of any statutory duty or for paying any sum required in connection with the settlement of an action or other proceeding and for assuming the cost of defending the person in such an action or other proceeding. Definitions (a) In this paragraph, “employee” means any salaried officer, or any other person in the employ of the municipality or of a local board and includes, (i) a member of the police force of the municipality, (ii) persons that provide their services on behalf of the municipality without remuneration, exclusive of reimbursement of expenses or honoraria, if council of the municipality has passed a by-law designating such persons or classes of persons as employees for the purposes of this paragraph, and (iii) any other person or class of person designated as an employee by the Minister; “local board” means a local board as defined in the Municipal Affairs Act. Local boards (b) A local board has the same powers to provide insurance for or to make payments to or on behalf of its employees as are conferred upon the council of a municipality under this paragraph in respect of its employees. Former employees (c) A by-law passed under this paragraph may provide that it applies to a person who was an employee at the time the cause of action or other proceeding arose but who prior to judgment or other settlement of the action or proceeding has ceased to be an employee. Application (d) This paragraph does not apply to an act or omission that occurred prior to the 20th day of June, 1978. (e) The Insurance Act does not apply to a municipality acting as an insurer for the purpose of this paragraph. R.S.O. 1990, c. M.45, s. 207, pars. 49, 50. Reciprocal contracts of indemnity 51. For exchanging with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act for the purpose of protecting the employees of the municipality or any local board thereof, or any class of such employees, against those risks which the corporation may insure or self-insure under paragraph 50. (a) Despite subsections 387 (1) and (2) of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in such securities as a municipality may invest in under section 167. (b) The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange, agree in writing and if section 386 of the Insurance Act is complied with. (c) Clauses (a) to (d) of paragraph 50 apply with necessary modifications to the powers conferred by this paragraph. R.S.O. 1990, c. M.45, s. 207, par. 51; 1996, c. 32, s. 49 (6). Parks, Parking Lots, etc. Acquiring land for parks, etc. 52. For acquiring land for and establishing and laying out public parks, squares, avenues, boulevards and drives in the municipality or in any adjoining local municipality and, in respect of land acquired for any of such purposes that are not under the general management, regulation and control of a board of park management, for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act. (a) A corporation that expropriates land in another municipality under the powers conferred by this paragraph shall put the land in an efficient state to be used and open it to the general public for the purpose for which it was acquired within a reasonable time after such expropriation, and shall maintain and keep the land in an efficient state of repair and shall provide police protection therefor. (b) Where land is acquired under this paragraph, the cost of acquisition and maintenance thereof or any part thereof may be levied against a defined area in the municipality that in the opinion of the council derives special benefit therefrom. (c) Where land is acquired under this paragraph for park purposes and there is no board of park management, the council may appoint such number of persons qualified to hold office as a member of council as it considers appropriate to act on its behalf as a board of management for any undertaking under this paragraph. Accepting land dedicated 53. For accepting and taking charge of land, within or outside the municipality, dedicated as a public park for the use of the inhabitants of the municipality. Joint acquisition and maintenance of public parks 54. For entering into agreement with one or more municipalities for the purpose of, i. acquiring land for and establishing and laying out a public park within the municipality or within any other municipality, and ii. maintaining or operating a public park within the municipality or within any other municipality. Bicycle paths 55. For establishing, laying out and maintaining bicycle paths and for regulating the use thereof and for acquiring land for such purposes and for entering into agreements with other municipalities, including a regional, district or metropolitan municipality, or with the Crown in right of Ontario or the Crown in right of Canada, or with any person or any other body for the use of land for such purposes. (a) The power to acquire land under this paragraph does not include the power to enter on and expropriate land. R.S.O. 1990, c. M.45, s. 207, pars. 52-55. Municipal parking lots 56. For acquiring, establishing, laying out and improving land, buildings and structures where vehicles may be parked, and for erecting buildings or structures for or in connection with the parking of vehicles in, on or under any land vested for any purpose in a municipality, and for leasing such land, buildings or structures, and for regulating, supervising and governing the parking of vehicles therein or thereon. Definition of vehicle (a) A by-law under this paragraph may define vehicle for the purposes of the by-law. Application (b) Land acquired or established for the parking of vehicles under this paragraph and buildings and structures acquired or erected under this paragraph shall be deemed to be a highway for the purposes of paragraph 8 of subsection 314 (1) and that said paragraph applies to such land, buildings and structures. Entrances and exits from underground parking facilities (c) A by-law under this paragraph may set aside and designate on any land vested for any purpose in a municipality entrances and exits to or from any underground parking facilities for the use of persons or vehicles, provided no such entrances or exits shall be set aside on a connecting link or extension of the King’s Highway without the approval of the Ministry of Transportation. Reserve fund (d) Where a municipality established a parking lot or lots or erects buildings or structures therein, thereon or thereunder for such purposes or constructs underground parking facilities in the municipality at the expense of all the ratepayers of the municipality, the municipality shall establish a reserve fund and deposit therein the net revenue derived from the operation of all parking facilities operated by or on behalf of the municipality or leased by or on behalf of the municipality for parking purposes, including parking meters on highways. Idem (e) Such reserve fund shall be applied, (i) firstly, for the payment of interest and principal falling due in each year in respect of any debentures issued for the purposes of this paragraph, and (ii) secondly, for the acquisition, establishment, laying out or improvement of additional parking lots or facilities, and (iii) thirdly, for such other purposes as the council may approve. Levy of parking lot cost against defined area (f) (i) A by-law passed under the authority of this paragraph may provide, with the approval of the Municipal Board, that the capital cost thereof, or any part thereof, the annual rental payable under a lease or any operating deficit in the previous year shall be levied against the land in a defined area in the municipality that in the opinion of the council derive special benefit therefrom, and in that case the by-law shall have appended thereto a schedule establishing the portion of the cost that shall be levied against each parcel of land in the defined area. (ii) The entire cost chargeable to land in the defined area shall be equitably apportioned among all the parcels in accordance with the benefits accruing to a parcel from the establishment of the parking lot or in the proportion that the weighted assessment of each parcel bears to the total weighted assessment of the parcels in the defined area. (ii.1) In this clause, “weighted assessment” means the assessment for a property multiplied by the tax ratio, established under section 363, for the property class the property is in. (iii) Where the capital cost or a part thereof is to be levied as provided in subclause (i), the council shall give notice of its application to the Municipal Board for approval of the by-law to the assessed owner of each parcel of land in the defined area. (iv) The Municipal Board shall not approve the by-law if a petition objecting to the levy of the capital cost against the defined area, signed by at least two-thirds of the assessed owners representing at least one-half of the total weighted assessment of the land in the area, is filed with the Board at or prior to the hearing of the application. (v) Where a by-law establishing a parking lot provides for levying the capital cost thereof against land in a defined area, the net revenue derived from the operation of such parking lot shall be used to reduce the special levy to be made against the land in the defined area under subclause (iii) in the proportion the special levy made against each parcel of land bears to the total special levy, and after the debentures have been retired the net revenue derived from the operation of such parking lot shall be paid into the reserve fund set up under clause (d) or, if no reserve fund has been set up under clause (d), a reserve fund shall be set up for the same purposes and such net revenue paid into the fund and applied in accordance with clause (e). Change in area receiving benefit (g) If a by-law imposing a levy under clause (f) is in effect and the council is of the opinion that, (i) there has been an increase in special benefit derived from the parking facilities by a parcel of land in the defined area against which a portion of the cost has been levied, (ii) a parcel of land in the defined area has begun to derive or has ceased to derive a special benefit from the parking facilities, or (iii) a parcel of land outside the defined area has begun to derive a special benefit from the parking facilities, the council may by by-law passed with the approval of the Municipal Board, (iv) redefine the areas in the municipality that contain the land that derive a special benefit from the by-law, and (v) amend the schedule to the by-law imposing the special levy so as to reapportion the costs against each parcel of land in the defined areas that derive a special benefit. Rates (h) A by-law passed under this paragraph may establish parking rates which vary according to the location of the land, building or structure used for parking. Removal of vehicle (i) A by-law passed under this paragraph may provide for the removal or impounding, at the owner’s expense, of any vehicle parked or left contrary to the by-law. Removal of vehicles (j) Subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to a by-law passed under this paragraph. R.S.O. 1990, c. M.45, s. 207, par. 56; 1997, c. 5, s. 49. Independent parking authority authorized 57. For establishing an authority to be known in English as The Parking Authority of the ........................... of ......................... which may also be known in French as office des parcs de stationnement de................................. de ................................, and may entrust to the parking authority the construction, maintenance, control, operation and management of municipal parking facilities within the municipality. Incorporation and members (a) A parking authority established under this paragraph is a body corporate and shall consist of three members appointed by the council of the municipality, each of whom shall be either a member of the council of the municipality or qualified to be elected as a member thereof, and the members so appointed shall hold office until the expiration of the term of the council that appointed them and until their successors are appointed. Vacancies (b) Where a vacancy in the parking authority occurs from any cause, the council shall appoint immediately a person, qualified as set out in this paragraph, to be a member, who shall hold office for the remainder of the term for which his or her predecessor was appointed. Reappointment (c) Any member is eligible for reappointment on the expiration of his or her term of office. Powers and duties of municipality transferred to authority (d) Upon the passing of the by-law establishing the parking authority, all the powers, rights, authorities and privileges conferred and duties imposed on the municipal corporation by any general or special Act with respect to the construction, maintenance, operation and management of municipal parking facilities shall be exercised by the parking authority, but subject to such limitations as the by-law may provide. Budget and expenditures (e) The parking authority shall submit to the council its estimates for the current year at the time and in the form prescribed by council and make requisitions upon the council for all sums of money required to carry out its powers and duties, but nothing herein divests the council of its authority with reference to providing the money for the purposes of the parking authority and, when money is so provided by the council, the treasurer of the municipality shall, upon the certificate of the parking authority, pay out such money. Annual report (f) On or before the 1st day of March in each year, the parking authority shall submit its annual report for the preceding year to council including a complete audited and certified financial statement of its affairs, with balance sheet and revenue and expenditure statement. Audit (g) The municipal auditor shall be the auditor of the parking authority and all books, documents, transactions, minutes and accounts of the parking authority shall, at all times, be open to his or her inspection. Debentures (h) The power, right, authority and privilege of the council to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be transferred to the parking authority. Abolition of authority (i) Upon the repeal of the by-law establishing the parking authority, the parking authority ceases to exist and its undertaking, documents, assets and liabilities shall be assumed by the municipality. (j) A parking authority may continue to use a French version of its name adopted before the coming into force of this clause. Special Undertakings Special undertakings 58. For acquiring, erecting, altering, maintaining, operating or managing or granting aid for the acquisition, erection, alteration, maintenance, operation or management of monuments, memorial windows, tablets, parks, recreational areas, playgrounds, athletic fields, zoological or other gardens, natural history collections, observatories or works of art, or other places of recreation and amusement, arenas, auditoriums, health or community recreation centres, stadiums, museums, including public historical museums and similar buildings, within or outside the municipality and any such undertaking may be for the purpose of commemorating or honouring persons or events. (a) The corporation may borrow money for any of the purposes of this paragraph by the issue of debentures and may levy therefor or for any of the purposes of this paragraph on the rateable property in the municipality or in defined areas thereof. (b) The council may authorize the erection of any such monument in any highway over which the corporation has jurisdiction. (c) Any such building may be established and equipped as a home or clubhouse for such persons or any class thereof or may be used for such purposes as the council considers proper. (d) The councils of two or more municipalities may enter into agreement for carrying out any of the purposes of this paragraph in any one of such municipalities. (e) The council may appoint such number of persons who are qualified to be elected as members of the council as it deems appropriate to act on its behalf as a board of management for any undertaking under this paragraph. (f) Where two or more municipalities have provided in an agreement under clause (d) for a board of management to act on their behalf, they may provide for the number of members that may be appointed to the board by each of the municipalities, but each member of the board shall be a person who is qualified to be elected as a member of the council of one of the municipalities. (g) The council may prescribe fees for admittance to or for the use of any undertaking under this paragraph. (h) A board of management appointed under this paragraph for an arena or community recreation centre shall have the power to let from year to year or for any time not exceeding ten years the right to sell refreshments within the arena or community recreation centre under such terms and conditions as the board may prescribe. (i) Members of a board of management appointed under this paragraph shall hold office at the pleasure of the council that appointed them and unless sooner removed shall hold office until the expiration of the term of the council that appointed them and until their successors are appointed and are eligible for reappointment. (j) Where a member of a board of management appointed under this paragraph has been removed from office before the expiration of his or her term, the council may appoint another eligible person for the unexpired portion of the term. Regional economic development agreements 59. For entering into any agreement with Her Majesty in right of Ontario respecting regional economic development and any ancillary or subsidiary agreements with any person required as a result of entering into such an agreement with Her Majesty. Cold storage business 60. For establishing and carrying on the business of cold storage in connection with or upon the market property of the corporation. Power to acquire real property for purpose of leasing to doctor or dentist 61. Without limiting the generality of section 191, and in addition to the powers set out therein, for acquiring by purchase or lease real property for the purpose of leasing such property to a legally qualified medical or dental practitioner on such terms and conditions as the council may determine, and such property may be so leased for residential, clinical or office purposes or a combination thereof. Exemption from taxation 62. For exempting from taxation, except for local improvement and school purposes, for a period not exceeding ten years, any premises actually used and occupied as a memorial home, clubhouse or athletic grounds by persons who served in the armed forces of Her Majesty or Her Majesty’s allies in any war. R.S.O. 1990, c. M.45, s. 207, pars. 57-62. 63. Repealed: 1996, c. 1, Sched. M, s. 5 (3).