jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
1.(1)In this Act, “city” means the City of Toronto incorporated by the City of Toronto Act, 1997; (“cité”) “local board” has the same meaning as in the City of Toronto Act, 1997; (“conseil local”) “Metro” means The Municipality of Metropolitan Toronto under the Metro Act; (“communauté urbaine”) “Metro Act” means the Municipality of Metropolitan Toronto Act; (“loi sur la communauté urbaine”) “Metro Council” means the Metropolitan Council under the Metro Act; (“conseil de la communauté urbaine”) “old area municipality” means an old municipality other than Metro; (“ancienne municipalité de secteur”) “old councils” has the same meaning as in the City of Toronto Act, 1997; (“anciens conseils”) “old municipalities” has the same meaning as in the City of Toronto Act, 1997; (“anciennes municipalités”) “urban area” has the same meaning as in the City of Toronto Act, 1997. (“zone urbaine”) 1997, c. 26, s. 1 (1). References to council (2)In this Act, a reference to a council is a reference to the council of the city, unless the context indicates otherwise. 1997, c. 26, s. 1 (2). Delegation
Delegation of powers of council
2. (1) The council may, by by-law, authorize a city employee to exercise the council’s powers under any of the following provisions of the Municipal Act, as those provisions read on December 31, 2002: 1. Paragraphs 107, 108, 109 and 110 of section 210. 2. Subsection 308 (3). 3. Subsection 312 (2) and clauses 312 (4) (a) and (b). 1997, c. 26, s. 2 (1); 2002, c. 17, Sched. F, Table. Conditions (2) The by-law may impose conditions on the exercise of the delegated power. 1997, c. 26, s. 2 (2). Conflict (3) The by-law applies despite any other Act. 1997, c. 26, s. 2 (3). Hearing (4) A person who objects to a decision made by the employee under the by-law is entitled to be heard by the council, which may confirm, rescind or vary the decision. 1997, c. 26, s. 2 (4). Pensions and Benefits
Pensions, benefits
3. (1) In this section, “benefits” includes, (a) life, accident, liability, health, hospital or other insurance benefits, (b) liability, medical, health, hospital, sick leave, holiday or similar benefits or gratuities, (c) retirement allowances, severances or incentives, and (d) gratuities in respect of work-related injuries or death; (“avantages sociaux”) “employee” means, (a) employees and retired employees, both as defined in paragraph 46 of section 207 of the Municipal Act, as it read on December 31, 2002, and (b) former employees. (“employé”) 1997, c. 26, s. 3 (1); 2002, c. 17, Sched. F, Table. Rights preserved (2) Nothing in this Act or the City of Toronto Act, 1997 affects the rights that any of the following persons have with respect to pensions or benefits on December 31, 1997: 1. Employees of an old municipality or one of its local boards. 2. Members or former members of an old council, or of a local board of an old municipality. 3. Persons entitled, under paragraph 50 of section 207 of the Municipal Act, to benefits from an old municipality or one of its local boards. 4. The beneficiaries of persons referred to in paragraphs 1, 2 and 3. 1997, c. 26, s. 3 (2). Plans and funds continued (3) Subject to any other Act, all pension and benefit plans and funds that meet the following conditions are continued: 1. They exist on December 31, 1997 and would, but for the City of Toronto Act, 1997, continue to exist on January 1, 1998. 2. They are established under the authority of a general or special Act. 3. They provide for pensions or benefits for persons listed in subsection (2). 1997, c. 26, s. 3 (3). Administrative bodies continued (4) Every board, committee or other body established to administer a plan or fund that is continued by subsection (3) is likewise continued. 1997, c. 26, s. 3 (4). Future changes (5) This section does not affect any power that the city or any of its local boards may have to make changes with respect to a pension or benefit plan or fund, including changes affecting the rights of persons listed in subsection (2), by agreement or as otherwise allowed by law. 1997, c. 26, s. 3 (5).
Amending pension by-laws
4.(1) The council may, by by-law, amend a by-law passed under clause 24 (3) (b) of the Metro Act, as it read on December 31, 1997, or under a predecessor of that clause. 1997, c. 26, s. 4 (1). Two-thirds majority for amendment (2)A by-law under subsection (1) requires an affirmative vote of two-thirds of the members of council who are present and voting. 1997, c. 26, s. 4 (2).
Local boards, pension contributions
5.When a pension plan established under clause 24 (3) (b) of the Metro Act, or under a predecessor of that clause, applies to an employee of a local board of the city, the local board shall, (a) deduct from the employee’s remuneration, by instalments, the amounts the plan requires him or her to contribute, and pay them to the city treasurer; and (b) pay to the city treasurer the employer contributions that the plan requires in respect of the employee. 1997, c. 26, s. 5.
Corporate status of certain plan and fund
6.The Metropolitan Toronto Pension Plan and the Metropolitan Toronto Police Benefit Fund established under the Metro Act and continued by subsection 3 (3) of this Act shall be deemed to be bodies corporate, but only for the purposes of acquiring, holding and disposing of land to carry out their objects. 1997, c. 26, s. 6.
Accrued benefits, former plan
7. (1) Subsection (2) applies if an employee of the city or of one of its local boards was, on December 31, 1997, a member of a pension plan established by Metro by virtue of, (a) an election under subsection 24 (5) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection; or (b) an agreement under clause 24 (3) (c) of the Metro Act, as it read on December 31, 1997, or a predecessor of that clause. 1997, c. 26, s. 7 (1). Same (2) When the employee’s services with the city or local board terminate, (a) the employee or his or her beneficiaries are entitled to all the benefits under the pension plan of the former employer referred to in subsection 24 (9) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection, accrued up to the date the employee became a member of the plan established by Metro; and (b) for the purpose of determining eligibility for those accrued benefits, the employee’s service with the city or local board (and, up to December 31, 1997, with Metro or its local board) shall be deemed to be service with the former employer. 1997, c. 26, s. 7 (2). Transfer from other plan (3) An employee who became a member of the pension plan of Metro or one of its local boards in accordance with subsection 24 (5) of the Metro Act, as it read on December 31, 1997, or a predecessor of that subsection, is entitled to elect to transfer money to that plan from the pension plan of the former employer, in accordance with subsection 117 (5) of the Municipal Act, as it read on December 31, 2002. 1997, c. 26, s. 7 (3); 2002, c. 17, Sched. F, Table. Same (4) Subsection (3) applies even if the employee would not be entitled to a refund of contributions from the pension plan of the former employer; on the transfer, the employee and his or her beneficiaries cease to have any rights under the pension plan of the former employer. 1997, c. 26, s. 7 (4). Same (5) If the employee elects under subsection (3), the money shall be transferred when his or her service with the city or local board ends, subject to subsection (6). 1997, c. 26, s. 7 (5). Same (6) The money may be transferred earlier, (a) at the option of the Toronto Transit Commission or the Toronto Police Services Board, as the case may be, if it or its predecessor is the former employer; (b) at the city’s option, in all other cases. 1997, c. 26, s. 7 (6). Certain members of police force (7) Subsection (2) also applies to every person who was, on December 31, 1997, a member of the Toronto Police Force to whom subsection 204 (2) of the Metro Act, as it read on that day, applied. 1997, c. 26, s. 7 (7). Application of S.O. 1975, c.116, s. 1 (8) Section 1 of The City of Toronto Act, 1975 (No. 1) continues to apply to an employee of the city or of one of its local boards who was, on December 31, 1997, entitled to elect under that section. 1997, c. 26, s. 7 (8).
Right to elect preserved
8.(1)An employee of the city or of one of its local boards who had, on December 31, 1997, the right to elect under subsection 24 (5) of the Metro Act as it read on that date continues to have that right. 1997, c. 26, s. 8 (1). Effect of election (2)Subsections 7 (2) to (6) apply if the employee exercises the right to elect. 1997, c. 26, s. 8 (2).
Plans other than OMERS plan
9. A person who was, on December 31, 1997, an employee of an old municipality or one of its local boards and a member of a pension plan other than the one established under the Ontario Municipal Employees Retirement System Act, 2006 and becomes an employee of the city or one of its local boards on January 1, 1998, remains a member of that other plan; the Ontario Municipal Employees Retirement System Act, 2006 does not apply in respect of the person. 1997, c. 26, s. 9; 2006, c. 2, s. 46 (1).
Contributions to pensions of craft tradespersons
10. (1) Despite section 7 of the Ontario Municipal Employees Retirement System Act, 2006, the city may make contributions in accordance with a collective agreement to provide pensions for persons it employs as craft tradespersons. 1997, c. 26, s. 10 (1); 2006, c. 2, s. 46 (2). Non-application of OMERS (2) The Ontario Municipal Employees Retirement System Act, 2006 does not apply to the contributions referred to in subsection (1). 1997, c. 26, s. 10 (2); 2006, c. 2, s. 46 (3).
Toronto Fire Department Superannuation and Benefit Fund
11.Despite any other Act, the Toronto Fire Department Superannuation and Benefit Fund shall be deemed not to be a fraternal society for the purposes of the Insurance Act. 1997, c. 26, s. 11.
Effect of certain by-laws
12.(1)A by-law passed under subsection 1 (2) of the City of Toronto Act, 1988 (No. 3) shall be deemed not to adversely affect the pensions, other benefits and privileges of members of any plan administered by a committee referred to in that subsection. 1997, c. 26, s. 12 (1). Same (2)Despite subsection (1), section 26 of the Pension Benefits Act applies to any amendment of a plan referred to in subsection (1) that would result in a reduction of pension benefits accruing after the effective date of the amendment or would otherwise adversely affect the rights or obligations of a person entitled to payment under the plan. 1997, c. 26, s. 12 (2).
Supplementary pensions, council members
13. (1) The council may pass by-laws to provide pensions for members of council, and their surviving spouses and children, in respect of current and prior service on the council. 1997, c. 26, s. 13 (1); 1999, c. 6, s. 8 (1); 2005, c. 5, s. 9 (1). Amount (2) A pension under subsection (1) may be in an amount not exceeding 1.5 per cent of pensionable earnings, multiplied by the total number of years and part of a year of credited service, up to a maximum of 70 per cent of pensionable earnings when combined with any pension payable under the Ontario Municipal Employees Retirement System Act, 2006 and any pension payable under a by-law made under section 25 of the Metro Act, as it read on December 31, 1997, or a predecessor of that section. 1997, c. 26, s. 13 (2); 2006, c. 2, s. 46 (4). Definitions (3) In subsection (2), “credited service” and “pensionable earnings” have the same meaning as in Regulation 890 (General) of the Revised Regulations of Ontario, 1990, made under the Ontario Municipal Employees Retirement System Act, as that Regulation read immediately before the repeal of that Act. (“années de service reconnues”, “gains ouvrant droit à pension”) 1997, c. 26, s. 13 (3); 2006, c. 2, s. 46 (5). Prior service (4) The by-law may provide that a member shall contribute up to 50 per cent of any payments required in respect of prior service, and that the payments may be on a deferred basis. 1997, c. 26, s. 13 (4). Amendments (5) The by-law may be amended to vary the amounts of the pensions or of the contributions referred to in subsection (4). 1997, c. 26, s. 13 (5). Two-thirds majority for amendment (6) The by-law and any amendment to it require an affirmative vote of two-thirds of the members of council who are present and voting. 1997, c. 26, s. 13 (6). Administration (7) The city and the Ontario Municipal Employees Retirement Board, or any other qualified person, may enter into agreements to administer pensions under subsection (1). 1997, c. 26, s. 13 (7). Deductions (8) The city shall deduct from a member’s remuneration, by instalments, the amount the plan requires him or her to contribute. 1997, c. 26, s. 13 (8). Non-application of Ontario Municipal Board Act (9) Section 65 of the Ontario Municipal Board Act does not apply so as to require Municipal Board approval with respect to pensions provided under this section. 1997, c. 26, s. 13 (9). PART II   WATER AND SEWAGE WORKS
Existing agreements, sewage and land drainage
14.(1)This section applies in respect of any agreement made by an old area municipality to receive sewage or land drainage from another municipality or from a person other than a municipality, if the works and watercourse used or required in carrying out the agreement were assumed by Metro. 1997, c. 26, s. 14 (1). Power of OMB (2)Despite anything in the agreement, the Municipal Board may, on the application of the council of the city, the council of the other municipality or the other person, make an order terminating the agreement and adjusting all rights and liabilities under the agreement. 1997, c. 26, s. 14 (2).
Contract, supply of water to other municipalities
15.(1)The city may enter into a contract to supply water to another municipality for its own use or for resale to the inhabitants of that municipality. 1997, c. 26, s. 15 (1). 20-year period (2)The contract may run for a period not exceeding 20 years and may be renewable for further periods not exceeding 20 years at any one time. 1997, c. 26, s. 15 (2). No contract with lower-tier municipality (3)No contract under subsection (1) shall be made with a local municipality of a regional municipality. 1997, c. 26, s. 15 (3). Restriction (4)The municipality that is supplied with water under the contract shall not supply or agree to supply any of the water beyond its own boundaries without the approval of the council. 1997, c. 26, s. 15 (4).
Rate for discharge into sewer system
16.The council may, by by-law, charge a rate for water that a person obtains from a private waterworks system and discharges into the city’s sewer system. 1997, c. 26, s. 16.
Connecting to city works or watercourse
17.No person shall connect a local work, local watercourse, private drain or private sewer to a city sewage work or watercourse without the approval of the council. 1997, c. 26, s. 17.
Contract, sewage disposal for other municipality
18.(1)The city may enter into a contract to receive and dispose of sewage and land drainage for another municipality. 1997, c. 26, s. 18 (1). 20-year period (2)The contract may run for a period not exceeding 20 years and may be renewable for further periods not exceeding 20 years at any one time. 1997, c. 26, s. 18 (2). No contract with lower-tier municipality (3)No contract under subsection (1) shall be made with a local municipality of a regional municipality. 1997, c. 26, s. 18 (3).
Disposal of liquid or solid waste
19.(1)The council may pass by-laws to provide for the receipt and disposal of liquid or solid waste that is suitable for treatment in the city sewage works and is transported to those works for receipt and disposal. 1997, c. 26, s. 19 (1). Conditions and charges (2)A by-law under subsection (1) may prescribe the conditions on which waste mentioned in subsection (1) will be received and disposed of, and fix charges for receiving and disposing of it. 1997, c. 26, s. 19 (2). Same (3)The by-law may make different conditions and charges applicable in respect of, (a) different classes of waste; (b) different classes of persons transporting the waste to the city sewage works. 1997, c. 26, s. 19 (3).
Waste and waste by-products
20.For the purposes of the power conferred on the city by section 208.2 of the Municipal Act, “waste and waste by-products” in clause 208.3 (1) (c) of that Act shall be deemed to include domestic and industrial sewage. 1997, c. 26, s. 20. PART III   HIGHWAYS Controlled-Access Roads
Controlled-access roads
21. (1) The council may, by by-law, designate any road or part of a road as a controlled-access road, without the approval of the Municipal Board and sections 96 and 97 of the Public Transportation and Highway Improvement Act, as those sections read on December 31, 2002, apply with necessary modifications to the city and the controlled-access road. 2002, c. 17, Sched. F, Table. Non-application (2) Sections 36 to 39 of the Municipal Act, 2001 do not apply to the city or to a controlled-access road designated under subsection (1). 2002, c. 17, Sched. F, Table. Street Vending
Bridges, highways
23. (1) This section applies to a bridge or highway that forms or crosses a boundary between the city and a regional municipality and is included in the road systems of both municipalities. 1997, c. 26, s. 23 (1); 2002, c. 17, Sched. F, Table. Dispute re bridge or highway crossing (2) The city or the regional municipality may apply to the Municipal Board to determine any dispute between the municipalities as to, (a) which of them is responsible for the construction or maintenance of the bridge or highway, or what amounts or proportions they should contribute for its construction or maintenance; (b) anything to be done in respect of the bridge or highway. 1997, c. 26, s. 23 (2). Hearing (3) The Municipal Board shall fix a day for the hearing of the application and give the clerks of both municipalities 10 days written notice of the hearing. 1997, c. 26, s. 23 (3). Order (4) On hearing the dispute, the Municipal Board may make any order in respect of the bridge or highway that it considers proper, including an order fixing the amount or proportion that each municipality shall contribute for its construction or maintenance. 1997, c. 26, s. 23 (4). Same (5) The order is final and conclusive, and binds the municipalities for the period it specifies. 1997, c. 26, s. 23 (5). PART IV   TRANSPORTATION
Definitions
24.In this Part, “commission” means the Toronto Transit Commission continued by section 25; (“commission”) “former commission” means The Toronto Transportation Commission. (“ancienne commission”) 1997, c. 26, s. 24.
TTC continued
25.The commission known as Toronto Transit Commission in English and Commission de transport de Toronto in French is continued. 1997, c. 26, s. 25.
Body corporate, members
26.(1)The commission is a body corporate consisting of the number of members that are appointed by by-law of the council. 1997, c. 26, s. 26 (1). Term of office (2)A member shall be appointed for a three-year term, except in the case of an appointment under subsection (5), and shall hold office until his or her successor is appointed. 1997, c. 26, s. 26 (2). Exception, council member (3)However, a member of the council who is appointed as a member of the commission ceases to be a member of the commission on ceasing to be a member of the council. 1997, c. 26, s. 26 (3). Reappointment (4)A member may be reappointed on the expiration of his or her term of office. 1997, c. 26, s. 26 (4). Filling vacancy (5)If a member’s office becomes vacant during his or her term of office, the council shall immediately appoint another person to hold office for the unexpired remainder of the term. 1997, c. 26, s. 26 (5). Two-thirds majority for appointment (6)The appointment of a member requires the affirmative vote of at least two-thirds of the members of the council present and voting. 1997, c. 26, s. 26 (6). Residency (7)Only residents of the city are eligible to be appointed as members. 1997, c. 26, s. 26 (7). Remuneration (8)The members shall be paid the salary or other remuneration that the council may fix by by-law. 1997, c. 26, s. 26 (8).
Assets and liabilities
27.All assets vested in the commission by the Metro Act or by a contract made under that Act, and all its liabilities created by that Act or by a contract made under that Act, continue to be the commission’s assets and liabilities. 1997, c. 26, s. 27.
Pension fund society
28.(1)The Toronto Transit Commission Pension Fund Society, a corporation subject to Part V of the Corporations Act and incorporated by letters patent dated January 3, 1940 as the Toronto Transportation Commission Pension Fund Society, is continued under the name of Toronto Transit Commission Pension Fund Society in English and Société de la caisse de retraite de la Commission de transport de Toronto in French. 1997, c. 26, s. 28 (1). Role of TTC (2)The commission continues to stand in the place of the former commission in relation to the Toronto Transit Commission Pension Fund Society. 1997, c. 26, s. 28 (2).
Sick benefit plan
29. (1) The commission may provide for weekly sick-pay, special service and medical and surgical benefits, in accordance with this section, (a) for its employees, or any class of them, and their spouses and dependent children; and (b) for its retired employees. 1997, c. 26, s. 29 (1); 1999, c. 6, s. 8 (2); 2005, c. 5, s. 9 (2). Same (2) The commission may provide for paying all or part of the cost of those benefits by contract with, (a) an insurer licensed under the Insurance Act; (b) an association registered under the Prepaid Hospital and Medical Services Act; or (c) the Toronto Transit Commission Sick Benefit Association established under the Co-operative Corporations Act. 1997, c. 26, s. 29 (2). Contributions (3) The commission shall make contributions only in respect of, (a) regular employees who have been employed by the commission for at least 60 days, and their spouses and dependent children; (b) retired employees who reside in Ontario and elect to continue the benefits. 1997, c. 26, s. 29 (3); 1999, c. 6, s. 8 (3); 2005, c. 5, s. 9 (3). Temporary and seasonal employees excluded (4) The commission shall not make contributions in respect of temporary or seasonal employees. 1997, c. 26, s. 29 (4). Certain dependants excluded (5) Except as provided in subsection (6), the commission shall not make contributions in respect of dependants of regular employees other than spouses and dependent children, or in respect of dependants of retired employees. 1997, c. 26, s. 29 (5); 1999, c. 6, s. 8 (4); 2005, c. 5, s. 9 (4). Election, benefits for certain dependants (6) Special service and medical and surgical benefits may be provided for dependants of regular employees other than spouses and dependent children, and for dependants of retired employees, if the employees or retired employees so elect and pay the cost of the benefits. 1997, c. 26, s. 29 (6); 1999, c. 6, s. 8 (5); 2005, c. 5, s. 9 (5). Restriction, sick-pay benefits (7) Sick-pay benefits shall be provided only for active regular employees. 1997, c. 26, s. 29 (7). Election, increased sick-pay (8) Increased weekly sick-pay may be provided for employees who so elect and pay the cost of the increase. 1997, c. 26, s. 29 (8). Administration costs (9) The commission may assume the cost of administration of the benefits provided under this section. 1997, c. 26, s. 29 (9). Benefits validated (10) The sick-pay, special service and medical and surgical benefits provided before January 1, 1961, and the contributions made in relation to those benefits by The Toronto Transportation Commission, the Toronto Transit Commission, the Toronto Transportation Commission Sick Benefit Association and the Toronto Transit Commission Sick Benefit Association are hereby confirmed to be legal and valid. 1997, c. 26, s. 29 (10).
City contributions, capital and operating costs
31.The city may, (a) contribute to the commission’s capital costs; and (b) contribute to the commission’s operating costs. 1997, c. 26, s. 31; 1999, c. 14, Sched. F, s. 2.
Agreements, local passenger transportation services
32.(1)The commission may enter into an agreement with a municipality situated within 40 kilometres of the urban area, providing that, (a) the commission will operate a local passenger transportation service in accordance with the agreement; (b) the municipality will pay any operating deficit; and (c) the commission will credit any operating surplus to the municipality. 1997, c. 26, s. 32 (1). By-laws, surplus and deficit (2)The council of the municipality may pass by-laws providing that, (a) any deficit charged to the municipality shall be payable out of the municipality’s general funds, and any surplus shall be credited to them; or (b) with the approval of the Municipal Board, any deficit shall be assessed against the rateable property in an area or areas of the municipality defined in the by-law, and any surplus shall be credited to that rateable property. 1997, c. 26, s. 32 (2). More than one municipality (3)The commission may enter into an agreement with two or more municipalities, in which case subsections (1) and (2) apply with necessary modifications. 1997, c. 26, s. 32 (3). Agreement with person other than municipality (4)The commission may enter into an agreement with a person other than a municipality providing that, (a) the commission will operate a local passenger transportation service in accordance with the agreement; and (b) the person will pay any operating deficit. 1997, c. 26, s. 32 (4).
Application of certain Acts
33. For the purposes of the Public Vehicles Act, and the regulations with respect to registration fees under the Highway Traffic Act, the whole of Steeles Avenue where it is a boundary of the city shall be deemed to be part of the urban area. 1997, c. 26, s. 33; 2002, c. 18, Sched. P, s. 40.
Exclusive authority, local passenger transportation services
34.(1)No person other than the commission shall operate a local passenger transportation service within the urban area, except in accordance with an agreement made under subsection (4). 1997, c. 26, s. 34 (1). Offence (2)A person who contravenes subsection (1) is guilty of an offence. 1997, c. 26, s. 34 (2). Exceptions (3)Subsection (1) does not apply in respect of, (a) rickshaws; (b) pedicabs; (c) railways incorporated under federal or provincial statutes; (d) taxis; (e) vehicles used for providing sightseeing tours; (f) vehicles exclusively chartered to transport a group of persons for a specified trip within the urban area, for a group fee; (g) buses owned and operated by a board of education, school board or private school, or operated under a contract with such a board or school; (h) buses owned and operated by a corporation or organization solely for its own purposes, without charging a fee for transportation; (i) ferries to the Toronto Islands; (j) public buses on the Toronto Islands; (k) passenger transportation services operated by the Toronto Area Transit Operating Authority. 1997, c. 26, s. 34 (3). Agreements (4)If a person legally operated a local public passenger transportation service wholly inside or partly inside and partly outside the urban area on January 1, 1954, the commission may enter into an agreement with the person authorizing the person to continue to operate all or part of the service for the period and on the conditions specified in the agreement. 1997, c. 26, s. 34 (4).
Toronto Islands, ferry service
35.(1)The city may establish, maintain and operate a ferry service for providing access to the Toronto Islands, and enter into agreements with any person in respect of the ferry service. 1997, c. 26, s. 35 (1). Same, bus service (2)The city may establish, maintain and operate a public bus transportation system on the Toronto Islands, and for that purpose may, (a) maintain and operate buses for the conveyance of passengers; (b) acquire by purchase or otherwise any real or personal property required for the establishment, operation, maintenance or extension of the system; and (c) fix transportation fares and tolls and make regulations with respect to the operation and control of the system. 1997, c. 26, s. 35 (2).
Street railway company
36.The commission shall be deemed to be a street railway company for the purposes of The Railways Act (being chapter 331 of the Revised Statutes of Ontario, 1950). 1997, c. 26, s. 36.
Annual report
37.Immediately after the end of each calendar year, the commission shall prepare, deliver to the council, and make available to the public, (a) a complete audited and certified financial statement of its affairs, including a revenue and expense account, a balance sheet and a profit and loss statement; (b) a general report on its operations during the calendar year. 1997, c. 26, s. 37.
Claims against TTC
38.(1)Any claims arising from or relating to the construction, maintenance, operation, extension, alteration, repair, control and management of the commission’s transportation system and property, or arising from the exercise of any of the commission’s powers, shall be made against the commission and not against the city. 1997, c. 26, s. 38 (1). Capacity to sue and be sued (2)The commission may sue and be sued in its own name. 1997, c. 26, s. 38 (2).
Grants, free or reduced rate transportation for elderly
39.The council may make grants to the commission in the amounts and on the conditions the council considers appropriate, to meet the cost of providing transportation free of charge or at a reduced rate for persons who are 65 years of age or older, or for any class or classes of such persons. 1997, c. 26, s. 39.
Tax exemption, subway and other rapid transit
40.(1)So long as any lands and easements owned by the city or by the commission are used by the commission for the purpose of a subway or other rapid transit, or as car yards or shops in connection with the subway or other rapid transit, those lands and easements and any buildings and structures on them are exempt from business and real property taxation, and the commission is not liable for payments under section 27 of the Assessment Act. 1997, c. 26, s. 40 (1). Concessions (2)Subsection (1) does not apply to concessions operated, rented or leased in subway or rapid transit stations. 1997, c. 26, s. 40 (2). Deemed exemption (3)The exemption provided by subsection (1) shall be deemed to be an exemption from taxation provided by section 3 of the Assessment Act. 1997, c. 26, s. 40 (3). PART V   POLICE
Definition
41.In this Part, “Board” means the Toronto Police Services Board continued by section 10 of the City of Toronto Act, 1997. 1997, c. 26, s. 41.
Composition of Board
42.The council shall be deemed to have applied to the Lieutenant Governor in Council for an increase in the size of the Board under subsection 27 (9) of the Police Services Act and the Lieutenant Governor in Council shall be deemed to have approved the application. 1997, c. 26, s. 42.
Additional policing services
43.(1)In addition to performing the policing services prescribed in the Police Services Act, the Toronto Police Force may, (a) maintain a safety and lifesaving patrol of the waters of Lake Ontario within the limits of the urban area; (b) provide lifeguard service on the beaches in the urban area; and (c) provide The Toronto Harbour Commissioners with the security and port policing for the Port of Toronto that they may require from time to time. 1997, c. 26, s. 43 (1). Fees (2)The Board may charge such fees for the services provided under clauses (1) (b) and (c) as it determines from time to time. 1997, c. 26, s. 43 (2).
Indemnifying members of police force
44.If the subject-matter of an inquiry held by a commission under the Public Inquiries Act includes the conduct of a member of the Toronto police force in the performance or purported performance of his or her duties, the council may, to the extent it thinks fit, pay the legal costs incurred by the member in respect of the inquiry. 1997, c. 26, s. 44. PART VI   LAND USE PLANNING
Official plans
45.Every official plan of an old municipality that is in force on December 31, 1997, (a) shall be deemed to be an official plan of the city; and (b) remains in force, in respect of the part of the urban area to which it applied on December 31, 1997, until the council repeals it or amends it to provide otherwise. 1997, c. 26, s. 45. PART VII   HEALTH AND WELFARE
Board of health established
46.(1)A board of health for the city is established on January 1, 1998 under the name Board of Health for the City of Toronto Health Unit in English and Conseil de santé de la circonscription sanitaire de la cité de Toronto in French. 1997, c. 26, s. 46 (1). Size (2)The council shall, by by-law, establish the board’s size in accordance with subsection 49 (2) of the Health Protection and Promotion Act. 1997, c. 26, s. 46 (2). Appointment (3)Despite subsections 49 (1) and (3) of the Health Protection and Promotion Act, all the members of the board shall be appointed by the council. 1997, c. 26, s. 46 (3). Area of jurisdiction (4)The board’s area of jurisdiction is the urban area. 1997, c. 26, s. 46 (4). Health Protection and Promotion Act (5)The board shall be deemed to be a board of health established under the Health Protection and Promotion Act. 1997, c. 26, s. 46 (5). Functions of council (6)Despite the Health Protection and Promotion Act, the council has the following functions with respect to the new board of health: 1. The functions that the board would otherwise have in respect of the appointment, reappointment and dismissal of its medical officer of health and associate medical officers of health. 2. The duty of providing to the board the municipal employees, including public health nurses, that the council considers necessary to carry out the board’s functions, including its duties in respect of mandatory health programs and services. 3. The duty of appointing the board’s auditor. 1997, c. 26, s. 46 (6).
Dissolution of old boards
47.(1)The boards of health of the old municipalities are dissolved on January 1, 1998. 1997, c. 26, s. 47 (1). Assets and liabilities (2)All the assets and liabilities that the boards of health of the old municipalities had on December 31, 1997 are vested in and become assets and liabilities of the Board of Health for the City of Toronto Health Unit on January 1, 1998, without compensation. 1997, c. 26, s. 47 (2). Extended application (3)Subsection (2) also applies to all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations. 1997, c. 26, s. 47 (3). By-laws and resolutions (4)Every by-law or resolution of a board of health of an old municipality that is in force on December 31, 1997, (a) shall be deemed to be a by-law or resolution of the Board of Health for the City of Toronto Health Unit; and (b) remains in force, in respect of the part of the urban area to which it applied on that day, until the board repeals it or amends it to provide otherwise. 1997, c. 26, s. 47 (4). Certain by-laws (5)Nothing in this section authorizes the repeal or amendment of a by-law conferring rights, privileges, franchises, immunities or exemptions that a board of health of an old municipality could not lawfully have repealed or amended. 1997, c. 26, s. 47 (5).
Public hospitals
48.Subject to the Public Hospitals Act, the city may establish, erect, equip, maintain and operate a public hospital. 1997, c. 26, s. 48.
Homes for the aged
49.Homes for the aged that the city establishes and maintains under subsection 3 (1) or (2) of the Homes for the Aged and Rest Homes Act may be located inside or outside the urban area. 1997, c. 26, s. 49.
Grants, homes for care of elderly persons
50.The council may make grants in aid of the establishment, construction, extension or equipment of homes for the care of elderly persons. 1997, c. 26, s. 50.
Vesting of trust fund
51.(1)The trust fund composed of undisbursed interest accumulated before January 1, 1982 on the trust accounts of residents of Metropolitan Toronto Homes for the Aged is vested in the city. 1997, c. 26, s. 51 (1). Distribution (2)The council may, in its absolute discretion, distribute both the fund and interest accruing on it for any purpose, other than the ordinary operation and maintenance of the homes for the aged of the city, that is for the general benefit of their residents. 1997, c. 26, s. 51 (2).
Payments re County of York home
52.(1)The city shall pay to The Regional Municipality of York the cost of maintenance in the County of York home for the aged of every resident who was admitted there because of his or her residence in the urban area. 1997, c. 26, s. 52 (1). Amount (2)If the city and The Regional Municipality of York fail to agree on the amount payable by the city, it shall be determined by the Municipal Board. 1997, c. 26, s. 52 (2).
Special welfare assistance
53.The council may pass by-laws to provide money for the health and welfare of the resident poor not otherwise specifically provided for in this Act. 1997, c. 26, s. 53.
Leasing of 186-194 Beverley Street
54.The council may lease the land and premises known as 186-194 Beverley Street to the Toronto Association for Community Living for its use for a nominal amount, for the period and under the conditions the council may determine. 1997, c. 26, s. 54; 2001, c. 13, s. 9.
Regent Park South Nursery School
55.The city may assume and pay 50 per cent of the annual operating deficit of the Regent Park South Nursery School. 1997, c. 26, s. 55.
Ambulance services
56.The council may, subject to the Ambulance Act and the regulations made under it, (a) acquire, maintain and operate ambulances for the conveyance of persons requiring medical attention to a hospital or other place; (b) enter into an agreement with any person for a period not exceeding five years to maintain and operate ambulances for the purpose of conveying persons requiring medical attention to a hospital or other place, at the rates specified in the agreement and on any other conditions, including the payment of an annual subsidy to the person, that are specified in the agreement; (c) establish, maintain and operate a central ambulance dispatching system, and enter into an agreement with any person for a period not exceeding five years for that purpose, on the conditions specified in the agreement; (d) provide for payment by the city to owners of ambulances of charges for making calls as directed through such central ambulance dispatching system; and (e) provide a public education program to make available information about and give instruction in emergency first aid and basic life support techniques, and charge a fee for the program. 1997, c. 26, s. 56. PART VIII   PARKS AND RECREATION General
Sale of liquor, etc., in parks
57. (1) The council may let, for the period it considers desirable and on the conditions it specifies, (a) the right to sell refreshments in parks; and (b) the right to sell liquor, as defined in the Liquor Licence Act, in parks. 1997, c. 26, s. 57 (1); 2002, c. 17, Sched. F, Table. Restrictions (2) Clause (1) (b) applies only in respect of parks that belonged to Metro on December 31, 1997, and is subject to the Liquor Licence Act and the regulations made under it. 1997, c. 26, s. 57 (2). Added power (3) The power conferred by subsection (1) is in addition to the powers conferred by the Municipal Act, 2001. 1997, c. 26, s. 57 (3); 2002, c. 17, Sched. F, Table.
Exercise of certain powers outside urban area
58. The city may also exercise the powers conferred by paragraphs 52 and 58 of section 207 of the Municipal Act, as those paragraphs read on December 31, 2002, (a) in an adjoining lower-tier municipality in The Regional Municipality of Durham or The Regional Municipality of Peel; (b) in any lower-tier municipality in The Regional Municipality of York. 1997, c. 26, s. 58; 2002, c. 17, Sched. F, Table.
Agreement with conservation authority
59. (1) Subsection (2) applies in respect of land vested in the Toronto and Region Conservation Authority and managed and controlled by the city under an agreement with that body. 1997, c. 26, s. 59 (1). Powers of city (2) The city may, (a) exercise all or any of the powers conferred by subsection 57 (1) and by paragraphs 52 and 58 of section 207 of the Municipal Act, as those paragraphs read on December 31, 2002, in respect of the land; (b) lay out, construct and maintain roads on the land; (c) assume the maintenance of all or part of the existing roads; (d) regulate traffic on roads referred to in clauses (b) and (c), subject to the Highway Traffic Act; (e) prescribe the rate of speed for motor vehicles driven on those roads, in accordance with subsection 128 (4) of the Highway Traffic Act; (f) despite any other Act, exempt the land from municipal taxation for so long as it is managed and controlled by the city and used for park purposes. 1997, c. 26, s. 59 (2); 2002, c. 17, Sched. F, Table. Tax exemption (3) A tax exemption under clause (2) (f) shall be deemed to have the same effect as an exemption from taxes under section 3 of the Assessment Act. 1997, c. 26, s. 59 (3). The Guild
Powers, duties re: Exhibition Place
61. (1) In this section and in section 62, “Exhibition Place” means the land known as Exhibition Park and adjacent land to the south created by fill, which was vested in the city on January 1, 1998 by the City of Toronto Act, 1997, except for any interest of the Crown in right of Ontario. 1997, c. 26, s. 61 (1). Use of Exhibition Place (2) Exhibition Place shall be used, (a) for parks and exhibition purposes; (b) for the purposes of trade centres and trade and agricultural fairs such as, but not limited to, the annual Canadian National Exhibition and Royal Agricultural Winter Fair; (c) for displays, agricultural activities, sporting events, athletic contests, public entertainments and meetings; (d) for highway, electrical transmission or public utility purposes; (e) for any other purpose that the council may approve. 1997, c. 26, s. 61 (2). Canadian National Exhibition (3) An exhibition shall be held annually at Exhibition Place. 1997, c. 26, s. 61 (3). Powers of council (4) With respect to Exhibition Place, the council has the powers conferred on it by the Municipal Act, 2001 in respect of culture, parks, recreation and heritage matters and all other powers required for the full and effective use of the land in accordance with subsection (2). 1997, c. 26, s. 61 (4); 2002, c. 17, Sched. F, Table. Agreements (5) Without limiting the generality of subsection (4), the city may, for the full and effective use of Exhibition Place in accordance with subsection (2), enter into agreements with The Board of Governors of Exhibition Place, the Canadian National Exhibition Association, the Royal Agricultural Winter Fair or other persons respecting, (a) the use, operation and maintenance of all or part of Exhibition Place, including any buildings or structures on the land; and (b) any other matter that the council considers desirable. 1997, c. 26, s. 61 (5). Same (6) The city may enter into agreements with The Board of Governors of Exhibition Place or the Canadian National Exhibition Association appointing the Board or the Association as its agent to carry out any of the powers of the city under this section; on execution of the agreement, the Board or the Association, as the case may be, is authorized to exercise the powers, subject to any restrictions in the agreement. 1997, c. 26, s. 61 (6).
Board
62.(1)In this section and in section 63, “Association” means the Canadian National Exhibition Association; (“association”) “Board” means the corporation continued by subsection (2). (“conseil d’administration”) 1997, c. 26, s. 62 (1). Board continued (2)The corporation without share capital known as The Board of Governors of Exhibition Place in English and Conseil d’administration du Parc des expositions in French is continued; its purposes are the operation, management and maintenance of Exhibition Place. 1997, c. 26, s. 62 (2). Application of common provisions (3)Subsection 67 (1) applies in respect of the Board. 1997, c. 26, s. 62 (3). Composition of Board (4)The Board shall consist of the following 13 members: 1. Eleven members appointed by the council, composed of, i. three council members, ii. five persons who may but are not required to be council members, and iii. three persons who are nominated by the Association. 2. The mayor. 3. The president of the Association. 1997, c. 26, s. 62 (4). Head office (5)The Board shall have a head office in the city. 1997, c. 26, s. 62 (5). General policies (6)The council may, by by-law, establish general policies to be followed in the operation, management and maintenance of Exhibition Place. 1997, c. 26, s. 62 (6). Agricultural and Horticultural Organizations Act (7)For the purposes of the Agricultural and Horticultural Organizations Act, the Board shall be deemed to be an organization. 1997, c. 26, s. 62 (7). Budget (8)The Board shall submit to the council its budget for the current year, at the time and in the form the council specifies; the budget is subject to approval, with or without modification, by the council. 1997, c. 26, s. 62 (8). Same (9)After the council approves the Board’s annual budget, all spending by the Board shall be in accordance with the approved budget in such level of detail as the council determines. 1997, c. 26, s. 62 (9). Borrowing (10)With the council’s approval, obtained in advance, the Board may borrow money to acquire working capital; however, nothing in this subsection authorizes the Board to issue debentures. 1997, c. 26, s. 62 (10). Agreements (11)For the purposes of carrying out an agreement between the Association and the city under subsection 61 (5) or (6), the Board may enter into further agreements with the Association allowing it to use, (a) the services of any of the Board’s employees; or (b) equipment belonging to the Board. 1997, c. 26, s. 62 (11). Municipal Conflict of Interest Act (12)For the purposes of the Municipal Conflict of Interest Act, a member of the Board who is also a member or officer of the Association does not, for that sole reason, have a pecuniary interest in respect of a contract, proposed contract or other matter between the Board and the Association. 1997, c. 26, s. 62 (12).
Former employees of Association or Exhibition Stadium Corporation
63.(1)Every person employed by the Association or the Exhibition Stadium Corporation who accepted employment with the Board under subsection 232 (1) of the Metro Act, (a) continues as, or shall be deemed to have become a member of, the Ontario Municipal Employees Retirement System, as the case requires, on the transfer date; and (b) with respect to pension benefits accrued before the coming into force of an agreement under subsections 229 (11) and (12) of that Act, shall be deemed, during the course of his or her employment by the Association or the Corporation, to have been employed by the Board. 1997, c. 26, s. 63 (1). Participation in OMERS (2)The Board shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on October 4, 1982. 1997, c. 26, s. 63 (2). Sick leave (3)Any sick leave credits of an employee referred to in subsection (1) standing on the day an agreement is entered into under subsections 229 (11) and (12) of the Metro Act shall be placed to the employee’s credit in any sick leave credit plan established by the Board. 1997, c. 26, s. 63 (3). Toronto Zoo