Urban Transit Area
13.(1)The Regional Council shall by a by-law or by-laws define one or more parts of the Regional Area as an Urban Transit Area, which area, in the opinion of the Regional Council, derives benefit from the provision of passenger transport. Levy upon area municipalities (2)The Regional Council shall annually, by by-law, levy against such of the area municipalities as are wholly or partly within the Urban Transit Area such sums as are, in the opinion of the Regional Council, required to meet any anticipated deficits that may arise out of the total operations of the Commission in such year, and in calculating such levy, (a) the Regional Council shall take into account the amount of any subsidies received or to be received by the Regional Corporation for such purpose; and (b) the Regional Council may, to such extent as it deems proper in the circumstances, include any expenditures made by the Regional Corporation that are related to the provision, planning, or improvements of public transportation services in the Urban Transit Area, and any such levy shall make due provision for any surplus or deficit arising out of the total operations of the Commission in the preceding year after taking into account the levy made under this subsection and all applicable subsidies. R.S.O. 1990, c. R.14, s. 13 (1, 2). Apportionment of levy (3)A by-law enacted under subsection (2) shall apportion the levy against each of such area municipalities in a manner that, in the opinion of the Regional Council, is just and equitable, and without limiting the generality of the foregoing, the Regional Council in making such apportionment may have regard to the degree of passenger transport services provided, the financial implications of providing such service, the assessment of rateable property, and any other factors and considerations that are, in the opinion of the Regional Council, relevant. R.S.O. 1990, c. R.14, s. 13 (3); 1997, c. 29, s. 68 (1). (4)Repealed: 1997, c. 29, s. 68 (2). Advances (5)The Regional Corporation may advance money to the Commission from time to time upon such terms and conditions as the Regional Council may prescribe and any money so advanced shall be deemed not to reduce the operation deficit referred to in subsection (2) unless the Regional Council otherwise directs. Payment of levy to Commission (6)The sums levied under subsection (2), less any advances made under subsection (5), shall be paid by the Regional Corporation to the Commission within thirty days of the making of the levy. Notice to area municipalities (7)Within ten days of the passing of a by-law under subsection (1) or (2), the clerk of the Regional Council shall give notice thereof to the clerk of any area municipality affected thereby, by prepaid registered post. Appeal (8)Any area municipality affected by a by-law passed under subsection (1) or (2) may appeal to the Municipal Board against such by-law by sending by prepaid registered post to the Municipal Board and to the clerk of the Regional Council a notice in writing setting forth its reasons therefor within thirty days of the passing of such by-law. Hearing (9)The Municipal Board shall make such inquiries into the matter as it considers necessary and may by order confirm such by-law or make such amendments if any, to the by-law as it deems proper in the circumstances, and the order of the Municipal Board is final. Effect of by-law (10)If no appeal is made against the by-law as provided in subsection (8), such by-law is valid, final and binding according to its terms so far as the same ordains, prescribes or directs anything within the proper competence of the Regional Council. Special levy by area municipality (11)Any area municipality may pay the amounts chargeable to it under any such by-law out of its general funds, or, subject to the approval of the Municipal Board, may pass one or more by-laws to impose a special rate or rates in one or more defined areas to raise the whole or any part of the amount charged to such area municipality. Where approval of O.M.B. not required (12)Despite subsection (11), an area municipality may, without the approval of the Municipal Board, pass one or more by-laws to impose a special rate or rates in one or more defined areas of the area municipality to raise the whole or any part of the amount charged to that municipality if, (a) the defined area or areas constitute the entire portion of the Urban Transit Area that is situate within the area municipality; and (b) either the by-law of the Regional Council passed under subsection (1) defining the Urban Transit Area is final and binding under subsection (10) or thirty days have expired since the passing of the by-law or any amendments thereto and all appeals against the by-law or any such amendments have been finally disposed of, as evidenced by a certificate to that effect signed by the clerk of the Regional Corporation. R.S.O. 1990, c. R.14, s. 13 (5-12).