Improvement area may be designated by by-law
220.(1)The council of a local municipality may pass by-laws designating an area as an improvement area and may by by-law establish for any such area so designated a board of management to which may be entrusted, subject to such limitations as the by-law may provide, the improvement, beautification and maintenance of municipally owned land, buildings and structures in the area, beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, and the promotion of the area as a business or shopping area. R.S.O. 1990, c. M.45, s. 220 (1). Notice of intention (2)Before passing a by-law designating an improvement area, notice of the intention of the council to pass the by-law shall be sent by prepaid mail to every person who, on the last returned assessment roll, is assessed with respect to rateable property in the area that is in a prescribed business property class. 1997, c. 5, s. 51 (1). Duties of landlords (2.1)If a person who receives notice under subsection (2) has leased any of their rateable property in the area that is in a prescribed business property class, the person shall, within 14 days after the notice was mailed, (a) give a copy of the notice to each tenant of such property who, under the tenant’s lease, is required to pay all or part of the taxes on the property; and (b) give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes on the property that each tenant is required to pay. 1997, c. 5, s. 51 (2). Petition objecting to by-law (3)The council shall not pass the by-law referred to in subsection (2) if the clerk of the municipality receives, within two months after the latest day of the mailing of the notices referred to in that subsection, a petition objecting to the by-law that satisfies both of the following: 1. The petition must have been signed by at least one-third of the persons who are entitled to notice under subsection (2) or clause (2.1) (a). 2. The persons referred to in paragraph 1 must be responsible for at least one-third of the sum of the taxes levied, for the purposes of the general local municipality levy as defined in subsection 368 (1), on rateable property in the area that is in a prescribed business property class plus charges under this section levied on that property. For the purposes of this paragraph, a landlord is not responsible for the part of the taxes that a tenant is required to pay under the tenant’s lease. 1997, c. 5, s. 51 (3); 1998, c. 3, s. 13 (1). Approval of O.M.B. (4)A by-law referred to in subsection (2) shall not come into force without the approval of the Municipal Board if the clerk of the municipality receives, within 30 days after the latest day of the mailing of the notices referred to in subsection (2), a petition objecting to the by-law that is signed by at least one person who is entitled to notice under subsection (2) or clause (2.1) (a). 1997, c. 5, s. 51 (3). Sufficiency of petition determined by clerk (5)The sufficiency of the petition described in this section shall be determined by the clerk and the determination shall be evidenced by his or her certificate and when so evidenced is final and conclusive. R.S.O. 1990, c. M.45, s. 220 (5). Board of management (6)A board of management established under subsection (1) is a body corporate and shall consist of such number of members appointed by council as the council considers advisable, at least one of whom shall be a member of the council and the remaining members shall be individuals who are persons who are entitled to notice under subsection (2) or clause (2.1) (a) or who are nominated by such persons. 1997, c. 5, s. 51 (4). Term of office (7)Each member shall hold office from the time of appointment until the expiration of the term of the council that made the appointment, if the member continues to be qualified, as provided in subsection (6). Vacancy (8)Where a vacancy occurs from any cause, the council shall appoint a person qualified as set out in subsection (6) to be a member, who shall hold office for the remainder of the term for which his or her predecessor was appointed. Idem (9)The members shall hold office until their successors are appointed and are eligible for reappointment on the expiration of their term of office. Estimates (10)A board of management shall submit to the council its estimates for the current year at the time and in the form prescribed by council and may make requisitions upon the council for all money required to carry out its powers and duties, but nothing herein divests the council of its authority with reference to rejecting such estimates in whole or in part or providing the money for the purposes of the board of management and when money is so provided by the council the treasurer shall, upon the certificate of the board of management, pay out such money to the board of management. Expenditure of money (11)The board of management shall not spend any money not included in the estimates approved by the council or in a reserve fund established under section 163. Borrowing prohibited, restrictions on incurring indebtedness (12)The board of management shall not borrow money and, without the prior approval of the council, it may not incur any indebtedness extending beyond the current year. R.S.O. 1990, c. M.45, s. 220 (7-12). Procedures (13)Section 147 of this Act and section 65 of the Ontario Municipal Board Act apply to the giving of an approval of indebtedness by a council under subsection (12) as though the giving of the approval were the incurring of the indebtedness by the municipality. R.S.O. 1990, c. M.45, s. 220 (13); 1996, c. 32, s. 51. Annual report (14)On or before the 1st day of March in each year, a board of management 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. Auditor (15)The municipal auditor shall be the auditor of each such board of management and all books, documents, transactions, minutes and accounts of a board of management shall, at all times, be open to his or her inspection. Dissolution of board (16)Upon the repeal of a by-law establishing a board of management, the board ceases to exist and its undertakings, assets and liabilities shall be assumed by the municipality. R.S.O. 1990, c. M.45, s. 220 (14-16). Special charge (17)Subject to such maximum and minimum charges as the council may specify by by-law, the council shall in each year levy a special charge upon rateable property in the area that is in a prescribed business property class sufficient to provide a sum equal to the sum of money provided for the purposes of the board of management for that area, together with interest on the sum at such rate as is required to repay any interest payable by the municipality on the whole or any part of such sum. 1997, c. 5, s. 51 (5). Special charge where special benefit derived (18)Despite subsection (17), the council may by by-law provide that the sum required for the purposes mentioned therein shall be levied as a special charge upon the rateable property in the area that is in a prescribed business property class and that, in the opinion of the council, derives special benefit from the establishment of the area, and the sum chargeable to such property shall be equitably apportioned among the separate parcels of property in accordance with the benefits that, in the opinion of the council, accrue to them from the establishment of the area. 1997, c. 5, s. 51 (6). Notice (19)Before the council passes a by-law specifying maximum and minimum charges under subsection (17) or a by-law under subsection (18), notice of the proposed by-law shall be, (a) published at least once a week for four successive weeks, and the by-law shall not be passed until after the expiry of fourteen days following the day on which the notice was last published; or (b) given in the same manner as a notice of a proposed by-law under subsection (2), and the by-law shall not be passed until the expiry of 45 days next following the latest day of the mailing of any such notices. R.S.O. 1990, c. M.45, s. 220 (19); 1993, c. 27, Sched.; 1997, c. 5, s. 51 (7). Duties of landlords (19.1)If a person who receives notice under clause (19) (b) has leased any of their rateable property in the area that is in a prescribed business property class, the person shall, within 14 days after the notice was mailed, give a copy of the notice to each tenant of such property who, under the tenant’s lease, is required to pay all or part of the taxes on the property. 1997, c. 5, s. 51 (8). Objections (20)Any person who would be liable to a special charge levied in accordance with a by-law proposed to be passed by the council of a municipality under subsection (17) specifying maximum or minimum charges or under subsection (18), or any tenant who would be required under their lease to pay all or part of the taxes on the property against which such a charge would be levied, may object to the proposed by-law by filing written notice of the objection with the clerk of the municipality before the expiry of the period mentioned in clause (19) (a) or (b), as the case may be. R.S.O. 1990, c. M.45, s. 220 (20); 1997, c. 5, s. 51 (9). Approval of O.M.B. (21)Where an objection to a proposed by-law is made under subsection (20), the proposed by-law shall not come into force without the approval of the Municipal Board. R.S.O. 1990, c. M.45, s. 220 (21). Application (22)Subsections (19), (19.1), (20) and (21) do not apply to a by-law passed under subsection (17) or (18) to comply with an order of the Municipal Board under subsection (31). R.S.O. 1990, c. M.45, s. 220 (22); 1997, c. 5, s. 51 (10). Separate notices not required (23)Notice of a proposed by-law required under subsection (19) may be given in the same notice as notice of a proposed by-law under subsection (2). Proviso (24)Despite subsection (17) or (18), where money borrowed by the municipality is provided in any year by the council for the purposes of the board of management and where only a portion of such money is required to be repaid by the municipality to the lender in that year or in any subsequent year, only the portion of the money required to be repaid to the lender in any such year together with any interest repayable in that year in respect of the total of such money shall be included in the sum to be provided in that year by the levy under subsection (17) or (18). R.S.O. 1990, c. M.45, s. 220 (23, 24). Charges are taxes (25)Any charge imposed under subsection (17) or (18) shall be deemed to be taxes on property and section 382 applies with respect to such a charge. 1997, c. 5, s. 51 (11). Designation of enlarged improvement area (26)The council of a local municipality may pass by-laws for designating as an improvement area an area that includes all of an existing improvement area designated under subsection (1). R.S.O. 1990, c. M.45, s. 220 (26). Application of subss. (2-5) (27)Subsections (2), (2.1), (3), (4) and (5) apply with necessary modifications to the passing of a by-law under subsection (26). R.S.O. 1990, c. M.45, s. 220 (27); 1997, c. 5, s. 51 (12). When by-law comes into effect (28)A by-law passed under subsection (26) shall not come into force until the 1st day of January next after its passing, or, where the approval of the Municipal Board is required before such by-law may come into force, until the day specified by the Municipal Board. Board of management continued (29)Where a by-law passed under subsection (26) comes into effect, the existing improvement area mentioned in that subsection is dissolved, but the board of management established for that improvement area is continued and shall be the board of management for the new improvement area designated under the by-law. Application (30)The provisions of this section that apply to a board of management under subsection (1) or to a council or municipal auditor in respect of such a board apply with necessary modifications to a board of management continued under subsection (29) and to the council of a local municipality in respect of such a board over which it has jurisdiction and to the auditor of the municipality in respect of such board. Approval of O.M.B. (31)Where approval of the Municipal Board of a by-law passed under this section is required, the Municipal Board as a condition of giving its approval may by its order impose such restrictions, limitations and conditions with respect to such matter as may be necessary or expedient. Repeal of by-law (32)A by-law designating an improvement area may be repealed to take effect upon the 31st day of December in the year in which it is passed. R.S.O. 1990, c. M.45, s. 220 (28-32). Non-application of subss. (2-4) (33)Subsections (2), (2.1), (3) and (4) do not apply to, (a) a by-law passed under subsection (1) or (26) to comply with an order of the Municipal Board under subsection (31); or (b) a by-law passed under subsection (32). R.S.O. 1990, c. M.45, s. 220 (33); 1997, c. 5, s. 51 (13). Minister may enter into agreements (34)The Minister and a local municipality may enter into agreements for the provision of loans or grants to the municipality on such terms or conditions as are agreed upon for the purpose of the improvement, beautification and maintenance of municipally owned land, buildings and structures in the municipality or in any defined area thereof and for the purposes mentioned in paragraph 56 of section 207. R.S.O. 1990, c. M.45, s. 220 (34). Gross lease flow throughs (34.1)An amount that a tenant could be required to pay under section 444.1 or 444.2 shall be deemed, for the purposes of this section, to be taxes that the tenant is required to pay under the tenant’s lease. 1998, c. 3, s. 13 (2). Regulations, prescribing classes (35)The Minister may make regulations prescribing one or more classes of real property prescribed under the Assessment Act as business property classes for the purposes of this section. 1997, c. 5, s. 51 (14).