Restructuring of municipalities
25.2(1)In this section and sections 25.3 and 25.4, “local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”) “locality” means a geographic area, whether or not the area or any part of the area is situated in a municipality, but does not include area in a regional or district municipality, the City of Toronto, the City of Greater Sudbury, the City of Hamilton, the City of Ottawa, the Town of Haldimand, the Town of Norfolk or the County of Oxford; (“localité”) “municipality” means a county or a local municipality but does not include the City of Toronto, the City of Greater Sudbury, the City of Hamilton, the City of Ottawa, the Town of Haldimand, the Town of Norfolk or a local municipality that forms part of a regional or district municipality or the County of Oxford; (“municipalité”) “resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a locality and who is a Canadian citizen and is at least 18 years of age; (“résident”) “restructuring” means, (a) annexing part of a municipality to another municipality, (b) annexing a locality that does not form part of a municipality to a municipality, (c) amalgamating a municipality with another municipality, (d) separating a local municipality from a county for municipal purposes, (e) joining a local municipality to a county for municipal purposes, (f) dissolving all or part of a municipality, and (g) incorporating the inhabitants of a locality as a municipality; (“restructuration”) “unorganized territory” means a geographic area without municipal organization. (“territoire non érigé en municipalité”) 1996, c. 1, Sched. M, s. 1; 1997, c. 26, Sched.; 2000, c. 5, s. 15 (4, 5). Proposal to restructure (2)A municipality or local body in a locality may, subject to subsection (3), make a restructuring proposal to restructure municipalities and unorganized territory in the locality by submitting to the Minister a restructuring report containing, (a) a description of the restructuring proposal in a form and in such detail as the Minister may require; and (b) proof in a form satisfactory to the Minister that, (i) the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the locality, (ii) the support was determined in the prescribed manner, (iii) the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and (iv) the municipality consulted the public in the required manner. 1996, c. 1, Sched. M, s. 1; 1999, c. 14, Sched. F, s. 5 (1). Limitation (3)A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 1996, c. 1, Sched. M, s. 1. Consultation (3.1)Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed: 1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting. 2. Council shall consult with such persons or bodies as the Minister may prescribe. 3. Council may consult with such other persons and bodies as the municipality considers appropriate. 1999, c. 14, Sched. F, s. 5 (2). Implementation (4)If a restructuring proposal and report under subsection (2) meet the requirements of this section and if, in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall, by order, implement the restructuring proposal in accordance with the regulations made under subsection (11). 1999, c. 14, Sched. F, s. 5 (3). Amendment of restructuring proposal (4.1)After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (2) to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal: 1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal. 2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support was required by subclause (2) (b) (i) for the original restructuring proposal. 3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support would be required by subclause (2) (b) (i), if the amended proposal were an original restructuring proposal. 4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force. 1999, c. 14, Sched. F, s. 5 (3). Same (4.2)An amended restructuring proposal and report submitted to the Minister under subsection (4.1) shall be deemed to have been submitted to the Minister under subsection (2) for the purposes of this section. 1999, c. 14, Sched. F, s. 5 (3). Same (4.3)If the Minister makes an order under subsection (4) and then makes another order under subsection (4.1) implementing an amended restructuring proposal, the second order shall be deemed to have been made under subsection (4) for the purposes of this section. 1999, c. 14, Sched. F, s. 5 (3). Limitation (5)The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a locality if any part of the locality is in a locality for which a commission has been established under section 25.3. 1996, c. 1, Sched. M, s. 1. Same, restructuring principles and standards (5.1)If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration. 1999, c. 14, Sched. F, s. 5 (4). Effect of order (5.2)A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under subsection 25.4 (1) once an order implementing the proposal is made under subsection (4). 1999, c. 14, Sched. F, s. 5 (4). Filing (6)The Minister shall, (a) publish an order under subsection (4) in The Ontario Gazette; and (b) file a copy of an order under subsection (4) with the clerk of each municipality to which the order applies. 1996, c. 1, Sched. M, s. 1. Inspection (7)The clerk shall make the order available for public inspection. 1996, c. 1, Sched. M, s. 1. Not regulation (8)An order of the Minister under subsection (4) is not a regulation within the meaning of the Regulations Act. 1996, c. 1, Sched. M, s. 1. Regulations (9)The Minister may make regulations, (a) in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section; (b) for the purpose of subsection (2), (i) establishing types of restructuring, (ii) providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring, (iii) providing for the degree of support required to support a restructuring proposal with respect to each type of restructuring, (iv) providing for the manner of determining the support, and (v) providing for criteria which must be met by the municipalities and local bodies supporting a restructuring proposal; (c) providing that a municipality in a locality for which a restructuring proposal has been submitted under subsection (2), (i) shall not exercise a specified power under any Act, (ii) shall exercise, in the specified manner, a specified power under any Act, and (iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act; (d) for the purpose of paragraph 2 of subsection (3.1), specifying the persons or bodies to be consulted. 1996, c. 1, Sched. M, s. 1; 1999, c. 14, Sched. F, s. 5 (5). Scope (10)A regulation under subsection (9) may be general or particular in its application. 1996, c. 1, Sched. M, s. 1. Regulations (11)Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 25.3 in implementing a restructuring proposal. 1996, c. 1, Sched. M, s. 1. Conflicts (12)An order of the Minister or commission implementing a restructuring proposal prevails over any Act or regulation with which it conflicts so long as the order is consistent with the regulation made under subsection (11). 1996, c. 1, Sched. M, s. 1. Same (13)Despite subsection (12), a municipality may exercise its powers under any of the following provisions before or after an order of the Minister under this section or an order of a commission under section 25.3 comes into force, unless the order precludes it expressly or by necessary implication: 1. Sections 13 to 13.2 (wards). 2. Sections 26 and 29 (council composition). 3. Sections 209.1 to 209.6 (service migration). 4. Section 210.4 (dissolution of local boards). 5. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order under this section or section 25.3. 1999, c. 14, Sched. F, s. 5 (6).