54 (1)-(3) Repealed: 2010, c. 16, Sched. 7, s. 3 (19). Powers of municipality after approval (4) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, the municipality undertaking the establishment or extension may enter upon, take and use such lands in such other municipality or municipalities or territory without municipal organization as may be necessary, and for that purpose has the same powers within such municipality or municipalities or territory as it has within its own municipality. R.S.O. 1990, c. O.40, s. 54 (4); 2002, c. 17, Sched. F, Table; 2010, c. 16, Sched. 7, s. 3 (20). Application to Tribunal (5) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, the municipality undertaking the establishment or extension, before proceeding therewith, may apply to the Ontario Land Tribunal for an order, (a)  stopping up and closing any highway, road or road allowance, temporarily or permanently, for the purpose of allowing the establishment or extension to be carried on and vesting it in the municipality undertaking the establishment or extension, and providing for the opening of another highway, road or road allowance in lieu of the highway, road or road allowance so stopped up and closed, and subsection 88 (2) of the Registry Act does not apply; (b)  ordering that any building restrictions, covenants running with the land or any limitations placed upon the estate or interest of any person in any lands upon or through which it is proposed that the establishment or extension may be constructed shall be terminated and shall be no longer operative or binding upon or against any person, and directing that any such order be registered under the Registry Act; and (c)  fixing the compensation for lands taken or injuriously affected in the construction, maintenance or operation of the establishment or extension, and notice of the application shall be given to the clerk of the municipality in or into which the sewage works are being established or extended and to the clerks of such other municipalities and to such other persons and in such manner as the Ontario Land Tribunal may direct. 2017, c. 23, Sched. 5, s. 74 (1); 2021, c. 4, Sched. 6, s. 77 (1). Registration of order (6) The registration of an order under clause (5) (b) is a bar to any action or proceeding taken by any person claiming any right or benefit under or by reason of any such restrictions, covenants, interests, estate or title in the lands described in the order. R.S.O. 1990, c. O.40, s. 54 (6). Agreements as to use (7) Where sewage works of a municipality are established or extended in or into another municipality, the municipality in or into which the sewage works are established or extended may make an agreement with the owner of the sewage works for the connecting with and the use of the sewage works. R.S.O. 1990, c. O.40, s. 54 (7). Application by municipality (8) Where a municipality in or into which sewage works are established or extended is unable to make an agreement under subsection (7), the Ontario Land Tribunal, on an application authorized by by-law of its council, may confer the right to make use of the sewage works on the applicant municipality and those of its inhabitants whose properties may be conveniently served by the sewage works, and prescribe the terms and conditions of such use. 2021, c. 4, Sched. 6, s. 77 (5). Municipality may collect as taxes amounts agreed or ordered to be paid (9) Where an agreement is made under subsection (7) or an order is made under subsection (8), the municipality in or into which the sewage works are established or extended may assess, levy and collect as taxes the amounts to be paid under the agreement or order in the same manner and to the same extent as if the municipality itself were proposing to construct, were constructing or had constructed the works or were operating and maintaining the works. R.S.O. 1990, c. O.40, s. 54 (9). (10) Repealed: 2010, c. 16, Sched. 7, s. 3 (22). Application to Tribunal (11) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of the extension of a sewage works by a person, other than a municipality, of their sewage works from one municipality into another municipality or into territory without municipal organization, the Ontario Land Tribunal may, on application made by the person undertaking the extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001, the
City of Toronto Act, 2006 or a predecessor of those Acts or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of the land for extension. R.S.O. 1990, c. O.40, s. 54 (11); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 45 (1); 2010, c. 16, Sched. 7, s. 3 (23); 2017, c. 23, Sched. 5, s. 75; 2021, c. 4, Sched. 6, s. 77 (1). Powers of Tribunal (12) The Ontario Land Tribunal, as a condition of making an order under subsection (11), may impose such restrictions, limitations and conditions respecting the use of land for the extension of the sewage works, not inconsistent with the regulations made for the purposes of Part II.2 of the Environmental Protection Act or the terms and conditions in the environmental compliance approval, as to the Ontario Land Tribunal may appear necessary or expedient. 2017, c. 23, Sched. 5, s. 74 (2); 2021, c. 4, Sched. 6, s. 77 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (8) - 06/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 45 (1) - 01/01/2007 2010, c. 16, Sched. 7, s. 3 (19-24) - 31/10/2011 2017, c. 23, Sched. 5, s. 74 (1, 2), 75 - 03/04/2018 2021, c. 4, Sched. 6, s. 77 (1, 5) - 01/06/2021