Application
72. (1) This section applies only to the regional municipalities of Durham, Halton and Peel. 2000, c. 5, s. 21 (18). Regional Corporation responsibility for collection and disposal of sewage (2) The Regional Corporation, except as provided in subsection (13), has the sole responsibility for the collection and disposal of all sewage in the Regional Area, including the establishment, construction, maintenance, operation and financing thereof, and all the provisions of any general Act relating to such collection and disposal of such sewage and the financing thereof by a municipal corporation or a local board thereof and all the provisions of any special Act relating to such collection and disposal of such sewage and the financing thereof by an area municipality or a local board thereof apply with necessary modifications to the Regional Corporation, except the power to establish a public utilities commission. R.S.O. 1990, c. R.8, s. 72 (2). Method of financing (3) The Regional Corporation may finance the whole or any part of the cost, including the establishment, construction, maintenance, operation and debt charges, of collection and disposal of sewage, (a) by imposing a surcharge on the water rate collectable in the same manner as water rates; (b) by establishing one or more urban service areas and imposing a rate or rates in such area or areas; or (c) by any method or methods authorized by law or by any combination thereof. R.S.O. 1990, c. R.8, s. 72 (3). Preparation of special assessment rolls and collection of special assessments (4) If the Regional Corporation proceeds under the Local Improvement Act, or any other Act involving the use of a collector’s roll, an area municipality shall provide all information requested by the Regional Corporation for the purpose of the preparation of the special assessment rolls, and the clerk of the Regional Corporation, after certifying the special assessment rolls, shall forward the same to the treasurer of the area municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 72 (4). Regional Corporation may require area municipality to collect money required (5) Where the Regional Corporation does not proceed by imposing a surcharge on the water rate, or under the Local Improvement Act, or under section 221 of the Municipal Act, the Regional Corporation may require any area municipality to collect the sums required for financing the collection and disposal of sewage either by a general rate in the area municipality or by a special rate on an urban service area within such area municipality and such special rate does not require the approval of the Municipal Board. R.S.O. 1990, c. R.8, s. 72 (5). Approval of O.M.B. to undertaking, etc. (6) Despite any general or special Act, the Municipal Board may hear and determine any application by the Regional Corporation for approval of any undertaking, work, project or scheme relating to the collection and disposal of sewage without having regard to the methods by which the Regional Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought. R.S.O. 1990, c. R.8, s. 72 (6). Powers of O.M.B. (7) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (6) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered. R.S.O. 1990, c. R.8, s. 72 (7). No area municipality to collect and dispose of sewage (8) Subject to subsection (16), no area municipality has or may exercise any powers under any Act for the collection and disposal of sewage, or the financing thereof, except as provided in subsection (13). R.S.O. 1990, c. R.8, s. 72 (8). Vesting of property in Regional Corporation (9) All sewage works, sewer systems and treatment works, including buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets, or other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage, including all assets and liabilities, surpluses, reserves and deficits of an area municipality relating thereto, except as provided in subsection (13), and all real and personal property of any nature whatsoever used solely for the purpose of the collection and disposal of such sewage in the Regional Area by any area municipality are vested in the Regional Corporation and no compensation or damages shall be payable to any area municipality in respect thereof. R.S.O. 1990, c. R.8, s. 72 (9). Regional Corporation liability (10) The Regional Corporation shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the Regional Corporation under subsection (9), but nothing in this subsection requires the Regional Corporation to pay that portion of the amounts of principal and interest that under the Local Improvement Act, is payable as the owners’ share of the local improvement work. R.S.O. 1990, c. R.8, s. 72 (10). Default (11) If the Regional Corporation fails to make any payment as required by subsection (10), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.8, s. 72 (11). Agreements (12) In respect of any agreements entered into by any municipality or local board thereof in the Regional Area respecting the interception, collecting, settling, treating, dispersing, disposing or discharging of sewage, except as provided for in subsection (13), the Regional Corporation shall stand in the place and stead of such municipality or local board for all purposes of any such agreement. R.S.O. 1990, c. R.8, s. 72 (12). Area municipality responsibility for storm drainage (13) Subject to subsection (14), each area municipality is responsible for land drainage, including storm, surface, overflow, subsurface, or seepage waters or other drainage from land, within the municipality and including the drainage of any road in the municipality that does not form part of the regional road system. R.S.O. 1990, c. R.8, s. 72 (13). Regional Corporation may undertake land drainage program (14) The Regional Corporation may undertake such land drainage, including the assumption of any work or works of an area municipality pertaining thereto, in the whole or any part or parts of the Regional Area, and where the Regional Corporation does so the provisions of this section apply, with necessary modifications, to the establishment, construction, maintenance, operation and financing thereof. R.S.O. 1990, c. R.8, s. 72 (14). Agreements (15) The Regional Corporation may enter into agreements with the corporation of any adjoining municipality, including a regional, district or metropolitan municipality in respect of the matters provided for in this section. R.S.O. 1990, c. R.8, s. 72 (15). Idem (16) The Regional Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of costs of the collection and disposal of sewage. R.S.O. 1990, c. R.8, s. 72 (16). Existing urban service areas (17) All urban service areas as they existed immediately prior to the day of establishment pertaining to the purposes of this section, in an area municipality continue until such time as the Regional Council otherwise determines. R.S.O. 1990, c. R.8, s. 72 (17). Application (18) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Corporation in the imposition of a rate or surcharge under subsection (3) or (5). R.S.O. 1990, c. R.8, s. 72 (18). Idem (19) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Corporation with respect to the imposition of a rate or surcharge under subsection (3) and to an area municipality with respect to the imposition of a rate under subsection (5). R.S.O. 1990, c. R.8, s. 72 (19).