Definition
14.(1)In this section, “local board” means a local board as defined in the Municipal Affairs Act. Annexations (2)Upon the application of any municipality authorized by by-law of the council thereof or upon the application of the Minister authorized by the Lieutenant Governor in Council, or upon the application of at least twenty-five inhabitants, being Canadian citizens of the full age of eighteen years, the Municipal Board may by order on such terms as it may consider expedient, annex any locality that does not form part of any municipality to the municipality and any such order may annex a greater or smaller area or areas than the area or areas specified in the application. Assent of electors (3)The Municipal Board, before proceeding with the application of the council of any municipality under subsection (2), may require that the by-law of the council shall receive the assent of the electors of such municipality. Public hearing to be held by Board (4)The Municipal Board before making any order under subsection (2), shall hold a public hearing, after such notice thereof has been given as the Board may direct, for the purpose of inquiring into the merits of the application and of hearing any objections that any person may desire to bring to the attention of the Board. Effect of official plan (5)Where in a municipality affected by a proposed annexation an official plan approved under the Planning Act or a predecessor thereof is in effect and a by-law of a municipality is passed to authorize an application for an order of the Municipal Board under this section, and a certified copy of the by-law has been sent to the Minister and to the planning board or planning boards having jurisdiction in any area affected by the application, the by-law shall not be deemed to be or be held invalid on the ground that it conflicts with the official plan. Division into wards (6)The Municipal Board may order a division or redivision of a municipality into wards if, in the opinion of the Board, the annexation renders such division or redivision necessary or desirable. R.S.O. 1990, c. M.45, s. 14 (1-6). Further powers of Municipal Board (7)The Municipal Board may, by any order made pursuant to an application under this section or by subsequent order or orders, (a) make all such adjustments of assets and liabilities as between the municipality and any local board affected by any such order as may be agreed upon or, in default of agreement, as the Board may consider equitable; (b) create, amalgamate or dissolve such local boards and make such adjustments of assets and liabilities of local boards as may be agreed upon or, in default of agreement, as the Board may consider equitable; (c) define special areas within the municipality as enlarged by such annexation having regard to the areas annexed thereto, and adjust the rights, claims, liabilities and obligations of the ratepayers of such areas and provide the extent to which the liabilities of such municipality shall be discharged by the imposition of rates upon the rateable property in such areas; (d) appoint one or more referees, who shall have all the powers mentioned in section 53 of the Ontario Municipal Board Act, to inquire into and report to the Board upon the adjustments of assets and liabilities and of rights, claims, liabilities and obligations referred to in clauses (a), (b) and (c), or any of them, the report to be filed with the Board within such time as the Board may from time to time allow, and the Board shall consider the report and may hear such representations with respect thereto as it may see fit and may adopt, vary or amend the report or refer it back to the referee or referees for further consideration, and the order of the Board adopting the report or varying or amending the report is final and conclusive and not open to question or appeal and is binding upon all municipalities and local boards affected thereby; (e) fix the remuneration and expenses of the referee or referees and declare by whom and in what manner the remuneration and expenses shall be paid; (f) subject to section 20, require the transfer of real property from any local board to the municipality or a local board thereof, and take any such transfer into consideration in the adjustments of assets and liabilities; (g) vest real property of any local board in the municipality or a local board thereof and take any such vesting into consideration in the adjustments of assets and liabilities; (h) make all such provisions for the composition of the council and any local boards, the fixing of days for nominations, either before or subsequent to the day on which the annexation becomes effective, the appointment of returning officers, the holding of elections, the qualifications of candidates and electors, the preparation of first polling lists and assessment rolls, the fixing of days for first meetings of the council and any local boards, and for such other matters as it may consider necessary to provide for the effective administration of the enlarged municipality or of any local board thereof; (i) direct the name that shall be borne by the enlarged municipality; (j) where the holder of an operating licence under the Public Vehicles Act is adversely affected by the annexation, (i) authorize the municipality to pay to the holder of the licence in respect of such adverse effect the amount of compensation agreed upon, or (ii) direct what compensation, if any, shall be paid by the municipality to the holder of the licence in respect of such adverse effect; (k) where by reason of any annexation order made under this section the taxable assessment of a locality as defined in the Education Act is reduced by not less than 15 per cent as shown by the last returned assessment roll prior to the effective date of such annexation, authorize and direct the payment to a school board thereof by the annexing municipality or a school board thereof, to relieve such school board from any undue burden by reason of the loss of such assessment, of compensating grants during a period of not more than five years after the effective date of the annexation in such amounts and manner as may be agreed upon between the municipality and the school boards and approved by the Municipal Board or, failing agreement, as the Municipal Board considers equitable; (l) where by reason of annexation orders made under this section within any three-year period the taxable assessment of a locality as defined in the Education Act is reduced by not less than a total of 15 per cent as shown by the last returned assessment rolls prior to the effective date of each of such annexations, and no order has been made under clause (k), authorize and direct the payment to a school board therein by the annexing municipality or a school board thereof, to relieve such school board from any undue burden by reason of the loss of such assessment, of compensating grants during a period of not more than five years after the effective date of the last annexation in such amounts and manner as may be agreed upon between the municipality and the school boards and approved by the Municipal Board or, failing agreement, as the Municipal Board considers equitable after a public hearing in each case; (m) do or cause to be done all such other matters, acts, deeds and things as may be necessary or incidental to the carrying out of the annexation provided for in such order. R.S.O. 1990, c. M.45, s. 14 (7); 1997, c. 5, s. 41; 1997, c. 29, s. 23. Urban service areas (8)The Municipal Board may, by any order made pursuant to an application under this section or a predecessor thereof or by subsequent order or orders, define urban services and cost of urban services and establish and, after establishment, alter one or more urban service areas within the municipality as enlarged by an annexation and determine the manner in which and upon what land or rateable property the cost of providing urban services is to be levied and raised by the municipality, and determine the manner in which and upon what land or rateable property the liabilities, in respect of urban services of any annexed locality or area as it existed prior to the annexation, shall be discharged by the imposition of rates in an urban service area. Effect of order on exemptions (9)An order under subsection (8) does not affect any exemption or partial exemption from taxation or rates or provision therefor in any general or special Act. Farm lands (10)Section 21 of the Assessment Act applies to land situated in an urban service area with respect to taxation or rates levied under or by virtue of an order made under this subsection as if the urban service area were the whole municipality. Determination of compensating grants by Board (11)Where compensating grants are to be determined by the Municipal Board under clause (7) (k), the determination shall not be made until after one complete fiscal year of the municipality has elapsed following the date of the annexation. Municipal Board may make rules, etc. (12)The Municipal Board may make such rules and regulations and issue such orders and directions in respect of any matter not specifically provided for in this section as it considers necessary or desirable in connection with any such annexation and every such rule, regulation, order and direction is valid and binding upon all municipalities and local boards interested in or affected thereby. Provisions of this section to prevail (13)The powers conferred upon the Municipal Board by this section may be exercised at any time or times despite this Act or any other special or general Act and, in the event of any conflict between this section and the other provisions of this Act or any other special or general Act, this section prevails. Decision granting annexation (14)Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Municipal Board providing for an annexation or refusing an application for an annexation and such decision, (a) shall be in writing; (b) shall identify the area to be annexed; and (c) shall fix the date when the annexation shall be effective, and a copy of the decision shall be sent by the secretary of the Board by registered mail to the clerk of every municipality, including every county, affected by the decision, and to such other persons as the Board may direct. Notice of objection (15)No order shall be made under subsection (2) until the expiration of twenty-eight days after the mailing of the copies of the decision under subsection (14) and, within such period of twenty-eight days, notice of objection to the decision may be filed with the Clerk of the Executive Council. Idem (16)For the purposes of subsection (15), the notice of objection means an objection in writing, giving reasons therefor, that, according to the certificate of the clerk of the municipality, is signed by not less than 10 per cent of the persons qualified to vote who are resident in, (a) the municipality that has applied for the order; or (b) the area that by the decision is to be annexed to the applicant municipality, and includes, where there are no persons qualified to vote who are resident in the area to be annexed, an objection in writing, giving reasons therefor, authorized by resolution of a school board having jurisdiction in the locality in which such area is situated. Withdrawal of objection (17)An objection filed under subsection (15) may be withdrawn by the filing with the Clerk of the Executive Council, at any time before the Lieutenant Governor in Council has made an order under subsection (18), of a notice in writing of such withdrawal signed by one-third or more of the objectors if the then remaining objectors constitute not more than 10 per cent of the persons who were entitled to sign the objection under subsection (16), or, where the objection was authorized by a school board, of a certified copy of a resolution repealing the authorizing resolution. Powers of Lieutenant Governor in Council (18)Where an objection is filed in accordance with subsections (15) and (16) and is not withdrawn, the Lieutenant Governor in Council may by order, (a) confirm the decision of the Municipal Board; or (b) require the Municipal Board to hold a new public hearing of the annexation application before such members of the Board as the Lieutenant Governor in Council may designate. Finality of decision (19)The decision of the Municipal Board, (a) where no objection is filed in accordance with subsections (15) and (16) or where the objections thereto are withdrawn in accordance with subsection (17); or (b) when confirmed by the Lieutenant Governor in Council; or (c) after a new public hearing ordered by the Lieutenant Governor in Council, is final and not open to appeal, and the Board may thereupon make an order under subsection (2). Application of O.M.B.A. (20)Nothing in this section affects the application of section 96 of the Ontario Municipal Board Act. Adding parts to municipality in a county or another territorial district (21)Where an area becomes part of a local municipality in a county or another territorial district, it thereafter forms part of that county or territorial district, except for the purpose of representation in the Assembly. Registration of order (22)When an order is made under subsection (2), it shall be registered as required by section 68 of the Registry Act as soon as practicable after the effective date of the order, (a) where the order is made upon the application of the Minister, by the Minister; and (b) where the order is made upon the application of a municipality, by the clerk of the municipality. R.S.O. 1990, c. M.45, s. 14 (8-22).