Small business counselling
112.(1)Despite section 111, the council of a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality. Small business programs (2)The council of a municipality, (a) with the approval of the Lieutenant Governor in Council, may establish and maintain one or more programs to encourage the establishment and initial growth of small businesses, or any class thereof, in the municipality; and (b) may participate in programs established and administered by the Ministry of Industry, Trade and Technology to encourage the establishment and initial growth of small businesses, or any class thereof, in the municipality. Idem (3)The council of a municipality may enter agreements with the Minister of Industry, Trade and Technology with respect to the financing and operation of programs referred to in subsection (2). Acquisition and leasing of land, etc. (4)For the purposes of a program referred to in subsection (2), the council of the municipality, subject to the regulations and the terms and conditions of any agreement under subsection (3), (a) may acquire land and erect and improve buildings and structures for the purpose of providing leased premises for eligible small businesses or that will be leased to a corporation described in clause (d); (b) may make grants to corporations described in clause (d) despite section 111; (c) may enter into leases of real property with small businesses included in a program referred to in subsection (2); (d) may enter into leases of real property and other agreements related to the establishment and operation of the program with a corporation without share capital established for the purposes of encouraging the establishment and initial growth of small businesses, or any class thereof, in the municipality; (e) may sell, lease or otherwise dispose of any of the personal property of the municipality to any eligible small business or to a corporation described in clause (d) or may provide for the use thereof by any such small business or corporation; (f) may provide for the use of the services of any of the employees of the municipality by any eligible small business or by a corporation described in clause (d); (g) may establish a local board to administer a program established under clause (2) (a) or to administer the municipality’s participation in a program referred to in clause (2) (b); (h) may appoint one or more of the directors of a corporation described in clause (d); and (i) may apply, under the Corporations Act, for letters patent incorporating a corporation described in clause (d) having such objects and powers as may be approved by the Minister. Grant includes loans (5)The power to make grants under clause (4) (b) includes the power to make loans, to charge interest on the loans and to guarantee loans. R.S.O. 1990, c. M.45, s. 112 (1-5). (6)Repealed: 1996, c. 32, s. 16. Idem (7)Where a corporation described in clause (4) (d) leases any building or structure from a municipality, it shall use the building or structure for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2). Availability of assistance (8)Despite section 111, (a) a lease of real property under clause (4) (c) or (d) or subsection (7); (b) a sale, lease or other disposition of personal property under clause (4) (e); or (c) the use of personal property or the services of employees of a municipality pursuant to clauses (4) (e) and (f), may be made or provided for at less than fair market value but this subsection ceases to apply to an eligible small business at the end of thirty-six months following the day it first occupies premises leased to it under this section. Local board (9)The following provisions apply to a local board established under clause (4) (g): 1. The local board is a body corporate and shall consist of such number of members as the council of the municipality may determine. 2. A person is disqualified from being a member of the local board unless the person is qualified to be elected as a member of the council of the municipality. 3. Members 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. 4. Upon the coming into force of the by-law establishing the local board, all the powers, rights, authorities and privileges conferred and the duties imposed on the council of the municipality by subsections (1) and (2), clauses (4) (a) to (f) and the regulations and any agreement under subsection (3) shall be exercised by the local board but subject to such limitations as the by-law may provide. 5. The local board shall submit to the council of the municipality 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 local board and, when money is so provided by the council, the treasurer of the municipality shall, upon the certificate of the local board, pay out such money. 6. On or before the 1st day of March in each year, the local board 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. 7. The municipal auditor shall be the auditor of the local board and all books, documents, transactions, minutes and accounts of the local board shall, at all times, be open to the auditor’s inspection. 8. 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 local board. 9. Upon the repeal of the by-law establishing the local board, the local board ceases to exist and its undertaking, documents, assets and liabilities shall be assumed by the municipality. Regulations (10)The Lieutenant Governor in Council may make regulations, (a) prescribing maximum amounts that may be expended by municipalities or any particular municipality under a program referred to in subsection (2); (b) defining “small business” for the purposes of this section. Definitions (11)In this section, “eligible small business” means a small business included in a program referred to in subsection (2) that is in occupation of premises leased to it under this section; (“petite entreprise admissible”) “municipality” includes a metropolitan, regional and district municipality and the County of Oxford. (“municipalité”) R.S.O. 1990, c. M.45, s. 112 (7-11).