jswizzle3737/ontario_laws_and_regs huggingface dataset:
Board
64.(1)In this section and in section 65, “Board” means the Board of Management of the Toronto Zoo; (“conseil de gestion”) “Society” means the Metropolitan Toronto Zoological Society; (“société”) “Toronto Zoo” means the zoological garden and related facilities that have been established by Metro Council or that may be established by the city council. (“zoo de Toronto”) 1997, c. 26, s. 64 (1). Board continued (2)The corporation without share capital known as the Board of Management of the Metropolitan Toronto Zoo is continued under the name Board of Management of the Toronto Zoo in English and Conseil de gestion du zoo de Toronto in French; its purposes are the operation, management and maintenance of the Toronto Zoo. 1997, c. 26, s. 64 (2). Application of common provisions (3)Subsection 67 (1) applies in respect of the Board. 1997, c. 26, s. 64 (3). Composition (4)The Board shall be composed of nine members appointed by the council, of whom four shall be nominees of the Society. 1997, c. 26, s. 64 (4). Animal Acquisition Committee (5)The Board shall establish an Animal Acquisition Committee; the Society is entitled to appoint one member to the committee and may, with the Board’s approval, appoint a larger number. 1997, c. 26, s. 64 (5). Other committees (6)The Board has discretion to establish other committees, assign duties to them and appoint persons (including members of the Society) to be their members. 1997, c. 26, s. 64 (6). Agreements (7)The city may enter into agreements with the Board entrusting the operation, management and maintenance of the Toronto Zoo to the Board, on the conditions the council considers proper. 1997, c. 26, s. 64 (7). General policies (8)The council may, by by-law, establish general policies to be followed by the Board in the operation, management and maintenance of the Toronto Zoo under an agreement entered into under subsection (7). 1997, c. 26, s. 64 (8). Taxation (9)The Board’s occupation, management and control of the Toronto Zoo under the agreement shall be deemed, for the purposes of subsections 59 (2) and (3) of this Act and paragraph 9 of section 3 of the Assessment Act, to be occupation, management and control by the city. 1997, c. 26, s. 64 (9). Municipal Conflict of Interest Act (10)For the purposes of the Municipal Conflict of Interest Act, a member of the Board who is also a member or officer of the Society 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 Society. 1997, c. 26, s. 64 (10).
Former employees of Society
65.(1)For the purposes of pension benefits, every person employed by the Society who accepted employment with the Board under subsection 236 (1) of the Metro Act shall be deemed, during the course of his or her employment by the Society, to have been employed by the Board. 1997, c. 26, s. 65 (1). Sick leave (2)Any sick leave credits of an employee referred to in subsection (1) standing on December 31, 1977 shall be placed to the employee’s credit in any sick leave credit plan established by the Board. 1997, c. 26, s. 65 (2). Hummingbird Centre
Board
66. (1) In this section, “Board” means The Board of Directors of the Hummingbird Centre for the Performing Arts; (“conseil d’administration”) “Centre” means the land and building vested in the city known as the Hummingbird Centre, formerly known as the O’Keefe Centre. (“centre”) 1997, c. 26, s. 66 (1). Board continued (2) The corporation known as The Board of Management of the O’Keefe Centre is continued under the name The Board of Directors of the Hummingbird Centre for the Performing Arts in English and Conseil d’administration du Centre Hummingbird des arts d’interprétation in French; its purposes are the operation, management and maintenance of the Centre as a theatre and auditorium and as a centre for meetings, receptions and displays. 1997, c. 26, s. 66 (2). Application of common provisions (3) Subsection 67 (2) applies in respect of the Board. 1997, c. 26, s. 66 (3). General policies (4) The council may, by by-law, establish general policies to be followed by the Board in the operation and management of the Centre. 1997, c. 26, s. 66 (4). By-law re composition of Board, etc. (5) The council may, by by-law, establish, (a) the size and composition of the Board; (b) the qualifications that its members are required to have; (c) rules regarding their reappointment; (d) procedures for filling vacancies on the Board; and (e) the circumstances under which a member’s seat becomes vacant or he or she becomes disqualified from sitting as a member. 1997, c. 26, s. 66 (5). Not a local board, exceptions (6) The Board is not a local board of the city, except for the purposes of, (a) the Ontario Municipal Employees Retirement System Act, 2006; and (b) section 216 of the Municipal Act, 2001. 1997, c. 26, s. 66 (6); 2002, c. 17, Sched. F, Table; 2006, c. 2, s. 46 (7). Audit (7) The Board’s accounts and transactions shall be audited by the city’s auditor. 1997, c. 26, s. 66 (7). Pensions (8) The Board may provide pensions for its employees, or any class of them, and their spouses and children, and may enter into agreements with any person for that purpose. 1997, c. 26, s. 66 (8); 1999, c. 6, s. 8 (6); 2005, c. 5, s. 9 (6). Borrowing (9) The Board shall not borrow money without the approval of the council. 1997, c. 26, s. 66 (9). Taxation (10) The Board’s occupation, management and control of the Centre shall be deemed, for the purposes of paragraph 9 of section 3 of the Assessment Act, to be occupation, management and control by the city. 1997, c. 26, s. 66 (10). Note: On a day to be named by proclamation of the Lieutenant Governor, section 66 is repealed by the Statutes of Ontario, 1998, chapter 37, section 22. See: 1998, c. 37, ss. 22, 23 (2). Common Provisions
Common provisions re Guild, Exhibition Park and Zoo boards
67.(1)The following provisions apply in respect of the Board of Management of The Guild continued by subsection 60 (3), The Board of Governors of Exhibition Place continued by subsection 62 (2), and the Board of Management of the Toronto Zoo continued by subsection 64 (2): 1. The board has capacity to sue and be sued in its own name. 2. The board has capacity to enter into contracts, including contracts of employment, in its own name. 3. The board has all powers incidental to its purposes. 4. The board shall have a corporate seal. 5. The members of the board shall elect a chair and may elect a vice-chair from among their number. 6. The city is entitled to any surplus resulting from the board’s activities and is responsible for any deficit the board incurs. 7. The Corporations Act does not apply to the board. 8. The members of the board appointed by the council shall hold office for a term not exceeding the term of the council that appointed them and until their successors are appointed. Members may be reappointed. 9. The board may enact by-laws regulating its proceedings and governing the conduct and management of its affairs. 1997, c. 26, s. 67 (1). Same, Hummingbird board (2)Paragraphs 1 to 6 of subsection (1) also apply in respect of The Board of Directors of the Hummingbird Centre for the Performing Arts continued by subsection 66 (2). 1997, c. 26, s. 67 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1998, chapter 37, section 22. See: 1998, c. 37, ss. 22, 23 (2). PART IX   TORONTO PUBLIC LIBRARY BOARD
Library board established
68.(1)A library board for the city is established on January 1, 1998 under the name Toronto Public Library Board in English and Conseil des bibliothèques publiques de Toronto in French. 1997, c. 26, s. 68 (1). Public Libraries Act (2)The board shall be deemed to be a public library board established under the Public Libraries Act. 1997, c. 26, s. 68 (2).
Dissolution of old boards
69.(1)The library boards of the old municipalities are dissolved on January 1, 1998. 1997, c. 26, s. 69 (1). Assets and liabilities (2)All the assets and liabilities that the library boards of the old municipalities had on December 31, 1997 are vested in and become assets and liabilities of the Toronto Public Library Board on January 1, 1998, without compensation. 1997, c. 26, s. 69 (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. 69 (3). By-laws and resolutions (4)Every by-law or resolution of a library board 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 Toronto Public Library Board; 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. 69 (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 library board of an old municipality could not lawfully have repealed or amended. 1997, c. 26, s. 69 (5).
Additional functions
70.(1)In addition to its functions under the Public Libraries Act, the Toronto Public Library Board shall, (a) provide a reference and research service that reflects the unique needs of the urban area; (b) maintain a comprehensive collection of books, periodicals, films and other material for the purpose of clause (a); and (c) provide library resources and services to the Ontario library community. 1997, c. 26, s. 70 (1). Special library services board (2)For the purposes of clause (1) (c), the board shall be deemed to be a special library services board under subsection 40 (1) of the Public Libraries Act. 1997, c. 26, s. 70 (2). Other resources and services (3)The Minister of Citizenship, Culture and Recreation may specify additional resources and services to be provided by the board. 1997, c. 26, s. 70 (3). Grants (4)The Minister of Citizenship, Culture and Recreation may make grants to the board under subsection 40 (1) of the Public Libraries Act for the purposes of clause (1) (c) and for the purposes of subsection (3). 1997, c. 26, s. 70 (4).
John Ross Robertson Collection
71.The Toronto Public Library Board has power to maintain the personal property known as the John Ross Robertson Collection, in whatever building of the board it considers appropriate. 1997, c. 26, s. 71. PART X   TORONTO HISTORICAL BOARD
Historical board continued
72.(1)The Toronto Historical Board, incorporated by the Statutes of Ontario, 1958, chapter 160, section 5, is hereby continued under the name Toronto Historical Board in English and Conseil historique de Toronto in French. 1997, c. 26, s. 72 (1). Objects (2)The objects of the board are, (a) the construction, maintenance, control, operation and management of the city’s real and personal property of historic interest within, (i) the area of the former city of Toronto, and (ii) any other part of the urban area that the council fixes, by by-law; and (b) any other objects of a similar nature that the council assigns to the board, by by-law. 1997, c. 26, s. 72 (2).
Dissolution of an old board
73.The North York Historical Board, incorporated by the Statutes of Ontario, 1974, chapter 151, sections 1 and 2, is dissolved on January 1, 1998. 1997, c. 26, s. 73.
Acquisition of property, provision of funds
74.(1)The council may acquire real and personal property of historic interest and may provide the necessary funds for the objects of the Toronto Historical Board. 1997, c. 26, s. 74 (1). Matters reserved to council (2)The council’s powers under subsection (1) shall not be exercised by or delegated to the board. 1997, c. 26, s. 74 (2).
By-law re size, composition, membership
75. (1) The council shall pass a by-law to establish, (a) the size and composition of the Toronto Historical Board; (b) the qualifications that its members are required to have; (c) rules regarding their reappointment; (d) procedures for filling vacancies on the board; (e) the circumstances under which a member’s seat becomes vacant or a member becomes disqualified from sitting as a member. 1997, c. 26, s. 75 (1). Other requirements (2) The council may, by by-law, require the board to, (a) keep minutes of its meetings; (b) allow members of council or any other person appointed for that purpose by the council to inspect any of the board’s records; (c) submit an annual budget to the council; (d) ensure that the board’s money is properly received, disbursed, accounted for and deposited; (e) subject to clause 76 (1) (g), (i) apply the revenue it receives to the payment of the expenses incurred in the performance of its functions, and (ii) pay to the city any revenue that remains after payment of expenses; (f) keep on deposit with the city treasurer an insurance policy indemnifying the city against public liability and property damage in respect of the properties under the board’s control or supervision; (g) submit an annual report to the council, including annual financial statements audited by a person appointed for that purpose under the Municipal Act, 2001. 1997, c. 26, s. 75 (2); 2002, c. 17, Sched. F, Table.
Powers of board
76.(1)The Toronto Historical Board may, subject to subsection (2), (a) make regulations governing its proceedings, the calling of meetings and the conduct of its members and employees; (b) appoint such employees as it considers necessary; (c) set fees or charges for admission to or use of properties under its control or supervision, and require their payment; (d) fix visiting hours when any of the properties under its supervision may be open; (e) sell or distribute objects and literature of historical significance or interest; (f) sell, within the properties under its control or supervision, souvenirs, articles and refreshments at such prices as it may decide; (g) apply any privately-donated funds to the specific purpose designated by the donor; (h) represent the city in matters of historical significance as the council may assign; (i) mark or supervise the marking of historic sites and properties that the council designates within the urban area; (j) negotiate and enter into agreements with property owners relating to the erection and maintenance of historical markers on their properties; (k) produce, copy and distribute publications and documents relating to the history of the city; (l) carry out such other duties relating to the city’s history and development as the council may assign. 1997, c. 26, s. 76 (1). Restrictions (2)The council may, by by-law, impose restrictions on the powers of the board set out in subsection (1). 1997, c. 26, s. 76 (2).
Conflict of interest
77.No member of the Toronto Historical Board or of the council shall have a contract with the board or have a direct or indirect pecuniary interest in any undertaking relating to the board’s operations. 1997, c. 26, s. 77.
By-law dissolving board
78.(1)The council may, by by-law, dissolve the Toronto Historical Board. 1997, c. 26, s. 78 (1). Effect of by-law (2)When the by-law comes into force, the board ceases to exist and all its assets and liabilities become assets and liabilities of the city. 1997, c. 26, s. 78 (2). PART XI   TORONTO LICENSING COMMISSION
Definition
79.In this Part, “commission” means the commission continued by section 80. 1997, c. 26, s. 79.
Toronto Licensing Commission continued
80.(1)The Metropolitan Licensing Commission is continued under the name Toronto Licensing Commission in English and Commission de délivrance de permis de Toronto in French. 1997, c. 26, s. 80 (1). Composition (2)The commission is composed of, (a) the mayor or his or her delegate; and (b) two or more persons appointed by the council. 1997, c. 26, s. 80 (2). Delegation by mayor (3)The mayor may designate any member of the council to be his or her delegate at any or all of the meetings of the commission. 1997, c. 26, s. 80 (3). Chair, vice-chair (4)The members of the commission shall elect a chair and may elect a vice-chair from among their number. 1997, c. 26, s. 80 (4). Quorum (5)The council may, by by-law, establish quorum requirements for the commission. 1997, c. 26, s. 80 (5).
Powers
81. (1) The commission has all the powers that may be exercised by a local municipality under the Municipal Act, 2001 for licensing, regulating and governing teamsters, carters, owners and drivers of cabs, buses, motor or other vehicles used for hire and for fixing days when persons and organizations in charitable or patriotic work may solicit contributions of money from persons on the highways of the municipality. 2002, c. 17, Sched. F, Table. By-laws re ambulance service (2) A by-law with respect to licensing, regulating and governing owners and drivers of ambulances that is passed by the commission under Part IV of the Municipal Act, 2001, as subsection (1) authorizes, may include provisions, (a) for licensing, regulating and governing ambulance attendants and providing for examinations to be passed by ambulance drivers and attendants; (b) for requiring owners of ambulances to install and maintain a prescribed means of communication with any central ambulance dispatching system maintained by or for the city, and prescribing the means of communication; and (c) for requiring owners and drivers of ambulances to accept and make calls as directed through that central ambulance dispatching system. 1997, c. 26, s. 81 (2); 2002, c. 17, Sched. F, Table. Other by-laws (3) The commission may pass by-laws, (a) for licensing, regulating and governing taxi-cab brokers; (b) for licensing, regulating and governing auctioneers and other persons selling or offering for sale goods by public auction; (c) for licensing, regulating and governing bill posters, advertising sign painters, bulletin board painters, sign posters and bill distributors, and for prohibiting the posting up or distribution of posters, pictures or handbills that are indecent or tend to corrupt morals; (d) for licensing, regulating and governing persons who carry on the business of teaching persons to operate motor vehicles and driving instructors employed in that business; and (e) for licensing, regulating and governing, (i) electrical contractors and master electricians, and (ii) plumbing contractors, master plumbers and journeyman plumbers. 1997, c. 26, s. 81 (3). Same (4) In by-laws passed under clause (3) (e), the commission may define “electrical contractors”, “master electricians”, “plumbing contractors”, “master plumbers” and “journeyman plumbers”. 1997, c. 26, s. 81 (4). Further powers (5) The council may, by by-law, authorize the commission to exercise the powers of a municipality or police services board under an Act specified in the by-law with respect to licensing, regulating, governing, prohibiting or limiting any trade, calling, business or occupation or the persons engaged in it. 1997, c. 26, s. 81 (5).
Power to summon witnesses, etc.
82. (1) In connection with any matter that relates to the execution of its functions, the commission has the same powers as the Superior Court of Justice in civil cases, (a) to summon witnesses and examine them on oath; (b) to enforce their attendance; and (c) to compel them to give evidence and produce documents and things. 1997, c. 26, s. 82 (1); 2006, c. 19, Sched. C, s. 1 (1). Pre-1957 licences (2) Subsection (1) applies, with necessary modifications, in respect of any matter that relates to a licence issued before January 1, 1957, by a body that formerly exercised the powers now vested in the commission. 1997, c. 26, s. 82 (2).
Investigation and report re contravention
83.The council may, by resolution, require the commission to investigate an alleged contravention of a by-law of the commission and to report to the council. 1997, c. 26, s. 83.
Additional functions of council
84. (1) The council has the following powers and duties with respect to the part of the urban area that was the City of Toronto incorporated by The City of Toronto Act, 1834: 1. The powers and duties conferred on a police service board by the Municipal Act, 2001 or any other Act. 2. The powers and duties conferred on the Board of Commissioners of Police of that old area municipality by any special Act. 1997, c. 26, s. 84 (1); 2002, c. 17, Sched. F, Table. Exception (2) Subsection (1) does not apply to powers and duties that this Act confers on the Toronto Police Services Board or the commission. 1997, c. 26, s. 84 (2).
Application of provisions
85. Section 18 and Parts IV and XIV of the Municipal Act, 2001 apply, with necessary modifications, to the commission and its by-laws. 2002, c. 17, Sched. F, Table.
Power retained by council
86.(1)Despite section 81, the council may, (a) pass any by-law that the commission could pass, including a by-law that the commission is authorized to pass under subsection 81 (5); and (b) repeal all or part of an existing by-law of the commission. 1997, c. 26, s. 86 (1). Effect of council by-law (2)While a council by-law that the commission could otherwise pass is in force, (a) the commission has no power to pass a by-law, to the extent that it would conflict with the council by-law; and (b) the effect of any by-law previously passed by the commission under the same provision as the council by-law is suspended, to the extent that it conflicts with the council by-law. 1997, c. 26, s. 86 (2). Application of s. 84 (3)For the purposes of section 84, a power exercised by the council under this section shall be deemed to be a power exercised by the commission. 1997, c. 26, s. 86 (3). Same (4)Section 84, in so far as it applies to the passing and enforcement of by-laws and the fixing of fees, applies in respect of a council by-law passed under subsection (1). 1997, c. 26, s. 86 (4).
Remuneration of members
87.The city shall pay to the members of the commission, except the mayor or his or her delegate, the remuneration for their services that the council determines. 1997, c. 26, s. 87. PART XII   TORONTO PARKING AUTHORITY
Parking authority established
88. (1) A parking authority for the city is established on January 1, 1998 under the name of Toronto Parking Authority in English and Office des parcs de stationnement de Toronto in French. 1997, c. 26, s. 88 (1). Municipal Act, s. 207, par. 57 (2) The parking authority shall be deemed to be a parking authority established under paragraph 57 of section 207 of the Municipal Act, as that paragraph read on December 31, 2002, and that paragraph continues to apply with necessary modifications to the parking authority. 1997, c. 26, s. 88 (2); 2002, c. 17, Sched. F, Table.
Dissolution of old parking authorities
89.(1)The parking authorities of the old municipalities are dissolved on January 1, 1998. 1997, c. 26, s. 89 (1). Assets and liabilities (2)All the assets and liabilities that the parking authorities of the old municipalities had on December 31, 1997 are vested in and become assets and liabilities of the Toronto Parking Authority on January 1, 1998, without compensation. 1997, c. 26, s. 89 (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. 89 (3). By-laws and resolutions (4)Every by-law or resolution of a parking authority 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 Toronto Parking Authority; and (b) remains in force, in respect of the part of the urban area to which it applied on that day, until the parking authority repeals it or amends it to provide otherwise. 1997, c. 26, s. 89 (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 parking authority of an old municipality could not lawfully have repealed or amended. 1997, c. 26, s. 89 (5).
By-law dissolving parking authority
91.(1)The council may, by by-law, dissolve the Toronto Parking Authority. 1997, c. 26, s. 91 (1). Effect of by-law (2)When the by-law comes into force, the parking authority ceases to exist and all its assets and liabilities become assets and liabilities of the city. 1997, c. 26, s. 91 (2). PART XIII   OTHER LOCAL BOARDS General
Non-application to certain local boards
92.This Part does not apply to the following local boards: 1. The Toronto Transit Commission (Part IV). 2. The Toronto Police Services Board (Part V). 3. The Board of Health for the City of Toronto Health Unit and the boards of health of the old municipalities (Part VII). 4. The Board of Management of The Guild, The Board of Governors of Exhibition Place and The Board of Management of the Toronto Zoo (Part VIII). 5. The Toronto Public Library Board and the library boards of the old municipalities (Part IX). 6. The Toronto Historical Board and the historical boards of the old municipalities (Part X). 7. The Toronto Licensing Commission (Part XI). 8. The Toronto Parking Authority and the parking authorities of the old municipalities (Part XII). 1997, c. 26, s. 92.
Local boards continued
93.(1)The local boards of the old municipalities are continued as local boards of the city. 1997, c. 26, s. 93 (1). By-laws and resolutions of local boards (2)Every by-law or resolution of a local board that is in force on December 31, 1997 remains in force, in respect of the part of the urban area to which it applied on that day, until the local board repeals it or amends it to provide otherwise. 1997, c. 26, s. 93 (2).
By-law merging local boards
94.(1)The council may, by by-law, merge two or more local boards continued by subsection 93 (1) into a new local board. 1997, c. 26, s. 94 (1). By-laws and resolutions of merged local boards (2)Every by-law or resolution of a local board that is in force on the day on which a by-law passed under subsection (1) and providing for the merger of that local board comes into force, (a) shall be deemed to be a by-law or resolution of the new local board; and (b) remains in force, in respect of the part of the urban area to which it applied on the day before the by-law passed under subsection (1) comes into force, until the new local board repeals it or amends it to provide otherwise. 1997, c. 26, s. 94 (2). Same, council by-laws and resolutions relating to local boards (3)Subsection (2) also applies, with necessary modifications, to by-laws and resolutions of the council that relate to a merged local board. 1997, c. 26, s. 94 (3). Assets and liabilities (4)All the assets and liabilities that the merged local boards have immediately before a by-law passed under subsection (1) comes into force are vested in and become assets and liabilities of the new local board on the day the by-law comes into force, without compensation. 1997, c. 26, s. 94 (4). Extended application (5)Subsection (4) also applies to all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations. 1997, c. 26, s. 94 (5). Certain by-laws (6) Nothing in this section authorizes the repeal or amendment of a by-law conferring rights, privileges, franchises, immunities or exemptions that a merged local board could not lawfully have repealed or amended. 1997, c. 26, s. 94 (6). Public Utility Commissions
Transfer to city
95.(1)In this section, “old public utility commission” means a public utility commission that is dissolved by subsection 28 (3) of the City of Toronto Act, 1997. 1997, c. 26, s. 95 (1). Certain assets and liabilities (2)Any assets and liabilities controlled and managed by the old public utility commissions on December 31, 1997 that do not relate to the distribution and supply of electrical power are vested in and become assets and liabilities of the city, without compensation. 1997, c. 26, s. 95 (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. 95 (3). By-laws and resolutions (4)Every by-law or resolution of an old public utility commission that does not relate to the distribution and supply of electrical power and is in force on December 31, 1997, (a) shall be deemed to be a by-law or resolution 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 it is amended or repealed by the city. 1997, c. 26, s. 95 (4). PART XIV   FINANCES Special Services and Special Local Levies
Special services
96. (1) In this section, “special local levy” means an amount to be raised on all the rateable property within the boundaries of one or more old area municipalities, but not throughout the urban area; (“impôt extraordinaire local”) “special service” means a service or activity that, (a) was being provided or undertaken by one or more old area municipalities on December 31, 1997, (b) continues to be provided or undertaken by the city on and after January 1, 1998, and (c) is provided or undertaken at a level or in a manner that, in the council’s opinion, confers a benefit on the residents and property owners of the old area municipality or those old area municipalities that is not conferred on those of the rest of the urban area. (“service particulier”) 1997, c. 26, s. 96 (1). By-laws re special services (2) The council may, by by-law, (a) identify a special service; (b) define the basis of determining the additional cost of providing or undertaking the special service; (c) determine whether the additional cost should be raised by a special local levy, in whole or in part, and if in part, determine its proportion of the whole; (d) designate the old area municipality or old area municipalities within whose boundaries the special local levy is to apply; and (e) determine the amount of the special local levy. 1997, c. 26, s. 96 (2). Restrictions (3) The following rules apply to the power conferred by subsection (2): 1. The council may pass a by-law under subsection (2) for the first time for 1998 or for 1999, with respect to a special service. 2. If the council does not pass a by-law under subsection (2) for 1999 with respect to a special service, it does not have power to pass such a by-law with respect to that special service for any year after 1999. 3. If the council passes a by-law under subsection (2) for 1999 with respect to a special service but does not pass such a by-law with respect to that special service for a year after 1999, it does not have power to pass such a by-law with respect to that special service for any subsequent year. 1997, c. 26, s. 96 (3). Annual special local levy (4) For each year that a by-law passed under subsection (2) is in force, the council shall pass a corresponding by-law levying a separate tax rate on the assessment in each property class in the designated part of the urban area. 1997, c. 26, s. 96 (4). Tax rates (5) The tax rates to be levied under subsection (4) shall be determined in accordance with subsection 312 (6) of the Municipal Act, 2001 as if the special local levy were a special local municipality levy as defined in subsection 312 (1) of that Act. 2002, c. 17, Sched. F, Table. Transitional Tax Rate Adjustments
City of Toronto Act, 1997, s. 2 (5) (b)
97.Sections 98 to 101 apply despite clause 2 (5) (b) of the City of Toronto Act, 1997. 1997, c. 26, s. 97.
Special adjustments
98. (1)In this section, “assets”, when used in reference to an old area municipality, means the assets of that municipality and of its local boards, including, (a) any audited surplus as of December 31, 1997, and (b) any reserves and reserve funds in existence on that date; (“actif”) “liabilities”, when used in reference to an old area municipality, means the liabilities of that municipality and of its local boards, including, (a) any audited operating deficit as of December 31, 1997, and (b) any outstanding debenture debt as of that date. (“passif”) 1997, c. 26, s. 98 (1). Reduction of separate tax rate (2)The council may, (a) consider the assets of an old area municipality (or any class or classes of them) in comparison with the assets (or a corresponding class or classes of them) of the other old area municipalities; and (b) by by-law, apply all or part of the amount of the assets of the old area municipality considered under clause (a) to lower the separate tax rate levied to raise the general local municipality levy that would otherwise apply on the assessment in each property class rateable for local municipal purposes within the boundaries of that old area municipality. 1997, c. 26, s. 98 (2). Increase of separate tax rate (3)The council may, (a) consider the liabilities of an old area municipality (or any class or classes of them) in comparison with the liabilities (or a corresponding class or classes of them) of the other old area municipalities; and (b) by by-law, allocate all or part of the amount of the liabilities of the old area municipality considered under clause (a) to increase the separate tax rate levied to raise the general local municipality levy that would otherwise apply on the assessment in each property class rateable for local municipal purposes within the boundaries of that old area municipality. 1997, c. 26, s. 98 (3). Restrictions (4)The following rules apply to the powers conferred by subsections (2) and (3): 1. The council may pass a by-law under either subsection for the first time for 1998 or for 1999, with respect to the rateable assessment within the boundaries of an old area municipality. 2. If the council does not pass a by-law under either subsection for 1999 with respect to the rateable assessment within the boundaries of an old area municipality, it does not have power to pass such a by-law with respect to that old area municipality for any year after 1999. 3. If the council passes a by-law under either subsection for 1999 with respect to the rateable assessment within the boundaries of an old area municipality but does not pass such a by-law with respect to that old area municipality for a year after 1999, it does not have power to pass such a by-law with respect to that old area municipality for any subsequent year. 4. In any case, the council does not have power to pass a by-law under either subsection for any year after 2005. 1997, c. 26, s. 98 (4).
Application of subs. (2)
99.(1)Subsection (2) applies if the general local municipality levy in 1998 within the boundaries of an old area municipality is higher than it would have been but for the incorporation of the city by the City of Toronto Act, 1997, due to pre-existing higher expenditure levels for services in one or more other old area municipalities. 1997, c. 26, s. 99 (1). Transitional tax rate reductions (2)The council may, by by-law, lower the separate tax rate that would otherwise apply on the rateable assessment in each property class within the boundaries of that old area municipality. 1997, c. 26, s. 99 (2). Restrictions (3)The following rules apply to the power conferred by subsection (2): 1. The council may pass a by-law for the first time for 1998 or for 1999, with respect to the rateable assessment within the boundaries of an old area municipality. 2. If the council does not pass a by-law for 1999 with respect to the rateable assessment within the boundaries of an old area municipality, it does not have power to pass such a by-law with respect to that old area municipality for any year after 1999. 3. If the council passes a by-law for 1999 with respect to the rateable assessment within the boundaries of an old area municipality but does not pass such a by-law with respect to that old area municipality for a year after 1999, it does not have power to pass such a by-law with respect to that old area municipality for any subsequent year. 4. In any case, the council does not have power to pass a by-law for any year after 2005. 1997, c. 26, s. 99 (3). Permitted levels of tax rate reductions (4)Tax rate reductions made under subsection (2) shall be set so that, when they are applied to the applicable assessment rateable for local municipal purposes within the boundaries of the old area municipality, the reduction in the amount of the general local municipality levy that applies within those boundaries does not exceed the product obtained when the following are multiplied together: 1. The amount of the levy increase in 1998 that is due to pre-existing higher expenditure levels for services in one or more other old area municipalities. 2. The percentage that is shown opposite the relevant year in the Table to this section. TABLE  YEAR

MAXIMUM PERCENTAGE REDUCTION


1998

88


1999

77


2000

66


2001

55


2002

44


2003

33


2004

22


2005

11 1997, c. 26, s. 99 (4).
Inclusion in estimates
100. In 2003, 2004 and 2005, the council shall include in the estimates adopted under section 290 of the Municipal Act, 2001, (a) the amounts resulting from any tax rate reductions applied in that year under subsections 98 (2) and 99 (2); and (b) the amounts resulting from any tax rate increases made in that year under subsection 98 (3). 1997, c. 26, s. 100; 2002, c. 17, Sched. F, Table.
Tax ratios
101. Tax rate reductions under subsections 98 (2) and 99 (2) and tax rate increases under subsection 98 (3) that are made in the same year to the different classes of property shall be in the same proportion to each other as the tax ratios established for those property classes for that year under section 308 of the Municipal Act, 2001. 1997, c. 26, s. 101; 2002, c. 17, Sched. F, Table. Debentures
By-law re agreement for issue and sale of debentures
102. (1) When the council or the Municipal Board has authorized the city to borrow money and issue debentures for its purposes the council may, by by-law, authorize the mayor and treasurer to enter into an agreement or agreements for the issue and sale of debentures, with any person or persons, at any time in the year in which the by-law is passed. 1997, c. 26, s. 102 (1). Same (2) The by-law may impose specified conditions on the authorization. 1997, c. 26, s. 102 (2). Same (3) The by-law authorizes the mayor and treasurer to enter into the agreement or agreements on the conditions, including price or prices, that they consider expedient. 1997, c. 26, s. 102 (3). Maximum amount (4) The by-law shall set out the maximum amount of money that may be raised by the issue and sale of debentures under the by-law. 1997, c. 26, s. 102 (4). Report (5) When an agreement is made under the by-law, the treasurer shall report its terms to the council not later than the second regular council meeting after the agreement is made. 1997, c. 26, s. 102 (5). Money by-laws (6) When an agreement is made under the by-law, the council shall pass all necessary money by-laws in accordance with the agreement, Part XIII of the Municipal Act, 2001 and sections 103, 104 and 105 of this Act. 1997, c. 26, s. 102 (6); 2002, c. 17, Sched. F, Table. Conflict (7) This section applies despite any other general or special Act. 1997, c. 26, s. 102 (7).
Sinking fund committee
103. (1) There shall be a sinking fund committee consisting of, (a) the city treasurer, who shall be the committee’s chair and treasurer; and (b) the number of other members appointed by the council that it considers appropriate. 1997, c. 26, s. 103 (1). Alternate members (2) The council may appoint an alternate member for each member appointed under clause (1) (b); the alternate member has power to act if the first member is absent or unable to act. 1997, c. 26, s. 103 (2). Quorum (3) A majority of members of the committee are a quorum. 1997, c. 26, s. 103 (3). Approval requirement (4) All investments and disposals of investments require the approval of a majority of the members. 1997, c. 26, s. 103 (4). Remuneration (5) The members appointed under clause (1) (b) shall be paid, from the city’s current fund, the annual remuneration fixed by the council, and the alternate members may be paid remuneration in the same way if the council so determines. 1997, c. 26, s. 103 (5). Bonding requirement (6) Section 287 of the Municipal Act, 2001 applies to the members of the committee with necessary modifications, but the manner and extent of the bonding shall be designated by the city auditor and not by the municipality as provided in clause 287 (1) (a) of that Act. 2002, c. 17, Sched. F, Table.
Sinking fund accounts
104. (1) All sinking fund debentures issued on the same date, payable in the same currency and maturing on the same date shall, even if they are issued under more than one by-law, (a) be deemed to be one debt; and (b) be represented by one sinking fund account. 1997, c. 26, s. 104 (1). Bank accounts (2) The sinking fund committee shall keep one or more bank accounts, to which the following rules apply: 1. A bank account may contain money belonging to more than one sinking fund account, but a sinking fund account shall not be allocated to more than one bank account. 2. Each year, the city treasurer shall deposit the money raised for each sinking fund in the appropriate bank account. 3. All earnings and proceeds from sinking fund investments shall be deposited in the appropriate bank account. 4. Withdrawals from a bank account require the committee’s authorization. 5. Cheques on a bank account require the signatures of the chair or acting chair and another member of the committee. 1997, c. 26, s. 104 (2). Control and management of assets (3) The committee has sole control and management of the assets of the sinking fund or funds, including all bank accounts. 1997, c. 26, s. 104 (3). Investments (4) The committee shall invest any money on deposit in a bank account in accordance with section 418 of the Municipal Act, 2001 and may vary investments at any time. 2002, c. 17, Sched. F, Table. Earnings credited to sinking fund account (5) In each year, an amount calculated as follows shall be credited to every sinking fund account: 1. The amount of earnings from all sinking fund investments in the year shall be determined on an accrual basis. 2. The amount determined under paragraph 1 shall be multiplied by the amount of the compounded interest for that year with respect to the principal raised up to and including that year for all sinking fund debentures represented by the sinking fund account. 3. The product obtained under paragraph 2 shall be divided by the amount of the compounded interest for that year with respect to the principal raised up to and including that year for all outstanding sinking fund debentures. 1997, c. 26, s. 104 (5). Offence (6) If the treasurer does not comply with paragraph 2 of subsection (2), he or she is guilty of an offence. 1997, c. 26, s. 104 (6).
Anticipated surplus
105.(1)If it appears that the amount in a sinking fund account will, together with the amount to be credited to it under subsection 104 (5) and the levy required by the by-law or by-laws that authorized the issue of the relevant debentures, be more than sufficient to pay the principal of the debt when it matures, the council may reduce the amount of money to be raised with respect to the debt. 1997, c. 26, s. 105 (1). Actual surplus (2)When there is a surplus in a sinking fund account, the sinking fund committee may, subject to the council’s approval, (a) use the surplus to increase the amount at the credit of another sinking fund account; or (b) authorize the withdrawal of the surplus from the bank account or accounts, to be used for one or more of the purposes described in subsection (3). 1997, c. 26, s. 105 (2). Purposes (3)The purposes referred to in clause (2) (b) are: 1. Retirement of unmatured city debentures. 2. Reduction of the next annual levy on account of principal and interest payable with respect to city debentures. 3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved. 4. Transfer to the general funds of the city. 1997, c. 26, s. 105 (3).
Retirement fund for term debentures
106.(1)The sinking fund committee shall also administer the retirement fund or funds for term debentures. 1997, c. 26, s. 106 (1). Application of ss. 103-105 (2)Sections 103, 104 and 105 apply to retirement funds for term debentures, with necessary modifications. 1997, c. 26, s. 106 (2). Replacement of Old Municipalities by City
Unpaid amounts
107.(1)An amount that meets the following conditions is due and payable to the city and may be collected by the city or one of its local boards: 1. The amount represents taxes, charges and rates levied under any general or special Act. 2. The amount is due and payable to an old municipality or one of its local boards and remains unpaid. 1997, c. 26, s. 107 (1). Tax sales (2)The city may continue any procedures for the sale of land under the Municipal Tax Sales Act that were begun by an old municipality but not completed on December 31, 1997. 1997, c. 26, s. 107 (2).
Outstanding Metro debentures
108.(1) The city stands in the place of Metro with respect to debentures issued by Metro on which the principal remains unpaid on December 31, 1997; the city is also responsible for payment of any related debt charges payable on or after January 1, 1998. 1997, c. 26, s. 108 (1). Metro sinking fund debentures (2) The sinking fund committee has sole control and management of the sinking fund accounts for any sinking fund debentures for which the city becomes responsible under subsection (1). 1997, c. 26, s. 108 (2). Application of ss. 103-105 (3) Sections 103, 104 and 105 apply to the sinking fund accounts, with necessary modifications. 1997, c. 26, s. 108 (3).
Saving
109.Sections 107 and 108 do not limit the generality of subsections 2 (4), (5) and (6) of the City of Toronto Act, 1997. 1997, c. 26, s. 109.
1998 borrowing limit
110.For the purposes of subsection 187 (4) of the Municipal Act, the estimated revenues of the city for 1997 are the sum of the estimated revenues of the old municipalities as shown in the estimates adopted for 1997. 1997, c. 26, s. 110.
1998 surplus or operating deficit
111.For the purposes of subsection 367 (3) of the Municipal Act, the surplus of the previous year for which allowance is to be made or the operating deficit to be provided for by the city for 1998 is the aggregate of the audited surpluses or audited operating deficits of the old municipalities as of December 31, 1997. 1997, c. 26, s. 111. PART XV   MISCELLANEOUS
Harbour Commissioners
112.Nothing in this Act affects the powers of The Toronto Harbour Commissioners. 1997, c. 26, s. 112.
Emergency measures
113. When a by-law passed under section 116 of the Municipal Act, 2001 is in force, the council may pass by-laws, (a) with the consent of the local board concerned, for appointing heads of departments and alternates to be members of the Toronto Emergency Measures Organization or any of its committees; (b) with the consent of the local board concerned, for training its employees in their functions under the Toronto Emergency Measures Organization; (c) for appointing members of the Toronto Emergency Measures Organization, or of any of its committees, to be in charge of the departments or utilities throughout the city that the by-law specifies, in the event of an emergency under the Emergencies Act (Canada); (d) for acquiring alternative headquarters, outside the city, for the city government; (e) for designating evacuation routes and empowering members of the Toronto Police Force to require persons to use them; (f) for obtaining and distributing emergency materials, equipment and supplies; and (g) for complying with any request of the Government of Canada or Ontario in the event of nuclear attack. 1997, c. 26, s. 113; 2002, c. 17, Sched. F, Table.
Emergency response services
114.The council may pass by-laws and enter into agreements to establish and operate a centralized communications system with other municipalities (including regional and district municipalities and the County of Oxford), local boards of other municipalities and other persons, to provide emergency response services. 1997, c. 26, s. 114.
Agreement for emergency call system
115.(1) The city may enter into an agreement with the Ontario Motor League or any similar organization for the provision and maintenance of an emergency call system on any road. 1997, c. 26, s. 115 (1). Period, conditions (2) The agreement may be for the period and on the conditions that council thinks proper. 1997, c. 26, s. 115 (2).
Advertising expenses
116.The council may spend the amount it determines to advertise the advantages of the city as an industrial, business, educational, residential or vacation centre. 1997, c. 26, s. 116.