Supply and distribution of water by Regional Corporation
46. (1) The Regional Corporation has the sole responsibility for the supply and distribution of water in the Regional Area, including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof and all the provisions of any general Act relating to such supply and distribution of water and the financing thereof by a municipal corporation or a local board thereof and all of the provisions of any special Act relating to such supply and distribution of water 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. 46 (1). Method of financing (2) The Regional Corporation may finance the whole or any part of the cost and debt charges of such supply and distribution of water by establishing one or more urban service areas and raising the money required by imposing a rate or rates in such area or areas or may raise the money required by any other method or methods authorized by law or by any combination thereof. R.S.O. 1990, c. R.8, s. 46 (2). Preparation of special assessment rolls and collection of special assessments (3) 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. 46 (3). Regional Corporation may require area municipality to collect money (4) Where the Regional Corporation does not proceed 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 such supply and distribution of water 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. 46 (4). Approval of O.M.B. to undertaking, etc. (5) 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 such supply and distribution of water 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. 46 (5). Powers of O.M.B. (6) Where application is made to the Municipal Board for its approval of the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (5) 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. 46 (6). Area municipalities, no power to supply and distribute water (7) Subject to subsection (13), no area municipality shall have or exercise any powers under any Act for such supply and distribution of water, or the financing thereof. R.S.O. 1990, c. R.8, s. 46 (7). Vesting of property in Regional Corporation (8) All waterworks, supply systems, meters, mechanical equipment and all real and personal property of any nature whatsoever used solely for the purpose of the supply and distribution of water and all other assets, liabilities and surpluses or deficits, including reserves, of the local municipalities relating to any facility for such supply and distribution of water in the Regional Area or for any area municipality is vested in the Regional Corporation and no compensation or damages is payable to any area municipality in respect thereof. R.S.O. 1990, c. R.8, s. 46 (8). Payments of principal and interest to area municipalities (9) 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 (8), 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 a local improvement work. R.S.O. 1990, c. R.8, s. 46 (9). Default (10) If the Regional Corporation fails to make any payment or portion thereof as required by subsection (9), the area municipality may charge the Regional Corporation interest thereon at the rate of 15 per cent per year, 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. 46 (10). Agreements (11) In respect of any agreements entered into by any municipality or local board thereof in the Regional Area respecting such supply and distribution of water, 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. 46 (11). Idem (12) 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. 46 (12). Idem (13) The Regional Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of the cost of the supply and distribution of water. R.S.O. 1990, c. R.8, s. 46 (13). Entry by clerk on collector’s roll (14) The clerk of an area municipality shall, on notice to him or her by the treasurer of the Regional Corporation of an amount due in respect of the supply of water and by whom it is due and the lands on which a lien is claimed, enter the amount due upon the collector’s roll of the area municipality and section 31 of the Public Utilities Act applies and the money collected shall be forwarded to the treasurer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 46 (14). Existing urban service areas (15) 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. 46 (15). Application (16) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Corporation in the imposition of a rate under subsection (2) or (4). R.S.O. 1990, c. R.8, s. 46 (16). Idem (17) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Corporation in respect of the imposition of a rate under subsection (2) and to an area municipality in respect of the imposition of a rate under subsection (4). R.S.O. 1990, c. R.8, s. 46 (17). Exception (18) Subsections (1) to (4) and (7) to (17) do not apply to the regional municipalities of Niagara, Waterloo and York. 2000, c. 5, s. 21 (17). (19) Repealed: 2000, c. 5, s. 21 (17). (20) Repealed: 2000, c. 5, s. 21 (17).