Definition
195.(1)In this section, “highway” includes “street” as defined in the Local Improvement Act. By-law may fix future date for widening, etc. (2)A by-law of the council of a local municipality for establishing or laying out, or for extending, widening or diverting, a highway or part of a highway may provide that the corporation shall not enter immediately on the land required to be taken or proceed to carry out the work but that the same shall be deferred until a day named therein not less than three and not more than ten years after the date of the passing of the by-law. Entry deferred accordingly (3)Subject to subsection (8), the corporation shall not enter on any land required to be taken before the day named in such by-law unless by leave of a judge of the Ontario Court (General Division) or by order of the Municipal Board made as hereinafter provided. By-law not to be repealed except with leave of Municipal Board (4)The by-law shall be binding upon the corporation and shall not be repealed or altered except with leave of the Municipal Board, such leave to be granted the corporation only for exceptional reasons not apparent or existing when the by-law was passed and after hearing the owners of the lands proposed to be taken and on such terms as the Board may determine in regard to the revesting of the land taken and the payment to each owner of the damages, if any, sustained by the owner in consequence of the passing of the by-law or of so much of the by-law as is proposed to be altered and the owner’s costs. Registration of plan in advance (5)Where the council proposes to pass a by-law under this section, it may register in the proper land registry office a draft plan of the contemplated work with any supplementary memorandum that may be needed to show its substantial features and to furnish adequate local description to comply with the Registry Act and the land registrar shall enter the same on the abstract index for each parcel of land required to be taken; but, if the by-law is not passed within six months after such registration, the registration shall be deemed of no effect and the corporation shall forthwith cause a certificate signed by the mayor or reeve and clerk and sealed with the corporation’s seal, stating that no by-law was passed, to be registered in like manner in the land registry office. Land taken shall vest at once in corporation on conditions (6)After the passing of the by-law and subject to any order made by the Municipal Board under subsection (4), the land required to be taken for the work shall be deemed to be vested in the corporation for the purposes of a highway subject to the right of the owner or the owner’s assigns to remain in the possession and enjoyment thereof without impeachment of waste either wanton or permissive until entry by the corporation as aforesaid and to utilize the land and to erect buildings thereon during the occupancy (subject to subsections (13) to (17) as to compensation in respect of such buildings). Assessment of land when vested (7)After the land is vested in the corporation, it shall for all purposes of assessment and taxation, whether under such by-law or otherwise, be deemed to be a component part of the highway; but, where a building stands partly on land taken for the work and partly on adjoining land, it shall be assessed on the assessment roll of the municipality in the same manner as if it stood entirely on such adjoining land. Application by corporation to Municipal Board to further defer entry (8)Where it is shown to the satisfaction of the Municipal Board upon application made by the corporation before the day fixed for entry by the by-law that in view of financial conditions it is desirable that the day fixed for entry by the by-law should be further deferred, the Municipal Board may further defer the time for entry by the corporation on the land until a day not less than one year and not more than three years after the day fixed for entry by the by-law, but so that the total time for which entry is deferred by the by-law and the order of the Municipal Board shall not exceed ten years, upon such terms and conditions as the Board considers proper, and upon such order being made the day fixed by the Municipal Board as the day for entry shall thereafter be deemed to be the day fixed in the by-law for entry. Corporation to enter at date named (9)At the date named in the by-law for entry, it is the duty of the corporation to enter and proceed with diligence and dispatch to remove all buildings and obstructions from the land taken for the work and to put it in fit and proper condition and make it available for use as a highway. Subsequent by-law for undertaking work as a local improvement (10)The by-law may be passed without regard to the Local Improvement Act and shall express the intention of the council as to the corporation’s portion of the cost thereunder, and the council may thereafter by a majority vote pass a by-law for undertaking the work as a local improvement and such by-law has the same force and effect as if passed under section 8 of the Local Improvement Act and that Act applies thereafter to such work with necessary modifications and the owners of the lots liable to be specially assessed thereunder have all the rights and remedies in relation thereto that are given them by such Act so far as they are not inconsistent with the other provisions of this section, but the Municipal Board has no power under section 6 or 8 of such Act, either by making an order or by withholding its approval to prevent the due carrying out of the work. Compensation, when payable (11)Except as may be otherwise ordered by the Municipal Board under subsection (18), compensation payable under this section does not become payable until the day fixed in the by-law for entry. Limitations as to compensation (12)The compensation shall be limited to, (a) the market value of the land itself exclusive of and without regard to any buildings or improvements thereon; (b) the value of the buildings and improvements; (c) damages occasioned by disturbance to any business established previous to the passing of the by-law to which the general principles of compensation apply; (d) damages to land, buildings and improvements injuriously affected by the exercise of any of the powers conferred by this section. Definition (13)In subsections (14) and (15), “land” means the land itself exclusive of and without regard to any buildings or improvements thereon. Fixing compensation for land apart from buildings (14)Although entry is deferred, the corporation or the owner may proceed at once after the passing of the by-law to determine or have determined the compensation, if any, payable hereunder in respect of any land. Value (15)The value of the land shall be fixed as of the date of the registration of the draft plan or, if no plan is registered, as of the date of the passing of the by-law. Fixing compensation for buildings (16)Compensation shall be allowed in respect of buildings and improvements as they may exist at the date fixed for entry. As to buildings erected after passing of by-law (17)In respect to buildings or improvements erected or made after the date of the registration of the draft plan of the work or, if no plan is registered, after the date of the passing of the by-law, the compensation or damages shall be allowed and payable to the extent only of three-quarters of the proper cost of a structure one storey in height of such temporary character, conformable to the existing building by-laws and regulations, as may be reasonable in view of the limited time that is to elapse before entry. Relief in special cases (18)The Municipal Board may make an order at any time granting relief, (a) where part of an owner’s lot is taken for the work and special circumstances exist in the matter of the location, size or shape of the lot that render it inequitable and unjust that the compensation to be allowed for buildings or improvements to be thereafter erected thereon should be limited as provided in subsections (16) and (17); and (b) where the work is deferred until a day more than five years after the date of the passing of the by-law and the whole of the owner’s lot is taken or so much of it as to render the remainder, by reason of its size or shape, unfit for building purposes. Idem (19)The Board may, (a) in relation to clause (18) (a), approve of plans and specifications for appropriate buildings or improvements and fix the basis of compensation to be made therefor; (b) in relation to clause (18) (b), direct the corporation to enter and make compensation to the owner at an earlier day than the day named in the by-law or to make an immediate or periodical payment to the owner to compensate for the delay; or (c) in relation to either clause (18) (a) or (b), make such further or other order as may be required to afford due compensation to the owner for the exceptional and peculiar damage the owner would suffer by reason of the special circumstances affecting the lot. Temporary advances (20)The council may agree with any bank or person for temporary advances to meet any costs or liabilities incurred under the by-law prior to the completion of the work. R.S.O. 1990, c. M.45, s. 195.