jswizzle3737/ontario_laws_and_regs huggingface dataset:
Powers of commissions
55. (1) Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation with respect to power, shall be exercised on behalf of each area municipality by the commission established in respect of that area municipality and not by the council of any municipality or any other body. R.S.O. 1990, c. C.42, s. 55 (1). (2) Repealed: R.S.O. 1990, c. C.42, s. 55 (2.2). See: 1998, c. 15, Sched. E, s. 6 (2). (2.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (2.2). See: 1998, c. 15, Sched. E, s. 6 (2). (2.2) Spent: 1998, c. 15, Sched. E, s. 6 (2). (3) Repealed: R.S.O. 1990, c. C.42, s. 55 (3.2). See: 1998, c. 15, Sched. E, s. 6 (3). (3.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (3.2). See: 1998, c. 15, Sched. E, s. 6 (3). (3.2) Spent: 1998, c. 15, Sched. E, s. 6 (3). (4) Repealed: 1998, c. 15, Sched. E, s. 6 (4). (5) Repealed: R.S.O. 1990, c. C.42, s. 55 (5.2). See: 1998, c. 15, Sched. E, s. 6 (5). (5.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (5.2). See: 1998, c. 15, Sched. E, s. 6 (5). (5.2) Spent: 1998, c. 15, Sched. E, s. 6 (5). (6) Repealed: 1998, c. 15, Sched. E, s. 6 (6). 56. Repealed: 1998, c. 15, Sched. E, s. 6 (7).
Powers of commissions
56. Repealed: 1998, c. 15, Sched. E, s. 6 (7).
Vesting of real property
57. (1) All real property transferred to the control and management of a commission under section 55 of the County of Oxford Act, being chapter 365 of the Revised Statutes of Ontario, 1980, or otherwise acquired by or for the commission, shall be vested in the area municipality served by the commission. R.S.O. 1990, c. C.42, s. 57 (1). Disposition of real property (2) Where a commission is of the opinion, and so declares by resolution, that any real property under its control and management is not required for its purposes, unless otherwise agreed upon by the commission and the area municipality served by the commission, the real property may be disposed of as follows: 1. In the event that the area municipality served by the commission wishes in good faith to retain the real property for a municipal purpose, it shall compensate the commission for the real property at its actual cost, less accrued depreciation as shown on the books of the commission or the assessed value of the real property, whichever is the greater and the area municipality may sell, lease or otherwise dispose of the real property and may retain the proceeds of the sale, lease or disposition as municipal funds. 2. In the event that the area municipality served by the commission does not wish to retain the real property in accordance with paragraph 1, the area municipality shall, as soon as practicable, sell, lease or otherwise dispose of the real property at fair market value on behalf of the municipality, and the net proceeds derived from the sale, lease or other disposition of the real property or the compensation paid therefor pursuant to this subsection shall be paid over to the commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. C.42, s. 57 (2); 1998, c. 15, Sched. E, s. 6 (8).
Borrowing
58. Except as otherwise provided in this Act, sections 88 to 112 apply, with necessary modifications, to any borrowing for the purposes of a commission. R.S.O. 1990, c. C.42, s. 58. PART V   PLANNING
Powers of County Council
59. (1) The County Council may exercise all the powers, including the powers of a local municipality, under the Planning Act and no area municipality shall, except as provided in subsections (2), (3), (3.1) and (4), exercise any powers under the Planning Act.  R.S.O. 1990, c. C.42, s. 59 (1); 1997, c. 24, s. 225 (1). Committee of adjustment (2) The council of each area municipality is deemed to be a committee of adjustment under the Planning Act.  R.S.O. 1990, c. C.42, s. 59 (2). Powers of area municipality councils (3) The council of an area municipality may exercise the powers provided in section 28, except subsection (11) thereof, sections 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 46 and 69 of the Planning Act, but in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail. R.S.O. 1990, c. C.42, s. 59 (3); 1997, c. 24, s. 225 (2). Same (3.1) The council of an area municipality may exercise the powers provided in sections 15.1 to 15.8 inclusive of the Building Code Act, 1992, but in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail. 1997, c. 24, s. 225 (3). Powers of County Council (4) The County Council may exercise any of the powers set out in paragraphs 164 to 176 of section 210 of the Municipal Act, and in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail. Subdivision agreements (5) The County Council may delegate to the council of an area municipality any of its powers in respect of subdivision agreements. Official plan continued (6) All official plans in effect in the County on the 31st day of December, 1974 are deemed to be the official plans of the County until such time as they are repealed in whole or in part. Appointment of land division committee (7) Subsection 54 (1) of the Planning Act has no application to the County and the County Council may be or may constitute and appoint a land division committee for the purposes of giving consents under the Planning Act. R.S.O. 1990, c. C.42, s. 59 (4-7).
Official plan for County
60. The County Council shall continue to maintain in force with such amendments or revisions as it deems appropriate, an official plan for the County. R.S.O. 1990, c. C.42, s. 60. PART VI   HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
61. The County shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act and the Private Hospitals Act respecting hospitalization and burial of indigent persons and their dependants and no area municipality has any liability under such provisions. R.S.O. 1990, c. C.42, s. 61.
Health unit continued
62. The health unit serving the County is continued under the name of the Oxford County Board of Health. R.S.O. 1990, c. C.42, s. 62.
Boundaries fixed
63. Despite any other Act, the boundaries of the health unit shall not be altered except by order of the Minister of Health. R.S.O. 1990, c. C.42, s. 63.
Constitution of health board
64. (1) The Oxford County Board of Health shall be composed of, (a) not more than seven members of the County Council appointed by the County Council; and (b) not more than three persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister of Health. Expenses of board (2) Despite any other Act, the expenses incurred by the Oxford County Board of Health in establishing and maintaining the health unit and performing its functions under the Health Protection and Promotion Act or any other Act shall be accounted for, borne and paid by the County. R.S.O. 1990, c. C.42, s. 64.
County deemed city
65. (1) For the purposes of the following Acts, the County shall be deemed to be a city and no area municipality shall be deemed to be a municipality: 1. Anatomy Act. 2. Mental Hospitals Act. 3. War Veterans Burial Act. County responsibility (2) For the purposes of the following Acts, no area municipality shall be deemed to be a municipality and the County shall have sole responsibility as a county for all matters provided for in such Acts. 1. Day Nurseries Act. 2. General Welfare Assistance Act. 3. Homemakers and Nurses Services Act. R.S.O. 1990, c. C.42, s. 65.
Liability for homes for aged
66. (1) No area municipality has any authority to establish, erect and maintain a home for the aged under the Homes for the Aged and Rest Homes Act. Levy (2) The costs of operating and maintaining Woodingford Lodge shall form part of the levy under section 80. R.S.O. 1990, c. C.42, s. 66.
Residents of other homes for aged
67. (1) The County shall pay to the committee or board of management of any home for the aged located outside the County the cost of support in such home of every resident of such home who was admitted thereto due to residence in any area that becomes part of an area municipality. Amount of support payment (2) The amount payable by the County under subsection (1) shall be such as may be agreed upon or, failing agreement, as may be determined by the Municipal Board. R.S.O. 1990, c. C.42, s. 67.
Area municipality not deemed municipality
68. No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act. R.S.O. 1990, c. C.42, s. 68.
Information
69. Every area municipality and every officer or employee thereof shall, at the request of the officers of the County who are responsible for the administration of the Acts referred to in this Part, furnish forthwith to such officers any information they may require for the purposes of this Act. R.S.O. 1990, c. C.42, s. 69.
Adjustments
70. In the event that there is any doubt as to whether the County is liable under this Part in respect of the liabilities imposed herein, the matter may be settled by agreement between the municipalities concerned or, failing agreement, may be determined by the Municipal Board. R.S.O. 1990, c. C.42, s. 70.
Powers re facilities
71. (1) The County may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility. 2001, c. 13, s. 12. Same (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which Part III of the Corporations Act applies; or (b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 12. PART VII   POLICE
Police jurisdiction
72. Each police force within the County shall continue to have jurisdiction in the area in which each police force had jurisdiction on the 31st day of December, 1974. R.S.O. 1990, c. C.42, s. 72.
Area rating
73. In any area municipality in which a police force has jurisdiction and does not provide police service to the entire area municipality, the council of such area municipality shall be entitled to establish a police area to which the costs of policing shall be charged. R.S.O. 1990, c. C.42, s. 73.
Policing services reviewed
74. Despite the provisions of sections 72 and 73, the County Council may make application to the Minister for a review of the policing services being provided in the County. R.S.O. 1990, c. C.42, s. 74. PART VIII   COUNTY WATERWORKS SYSTEM
County to be sole distributor of water
75. (1) The County shall have the sole responsibility for the supply and distribution of water and the financing thereof in the County and all the provisions of any general Act relating to the supply and distribution of water and the financing thereof, by a municipal corporation or a local board thereof and all of the provisions of any special Act relating to the supply and distribution of water and the financing thereof by an area municipality or a local board thereof, including the Local Improvement Act, apply with necessary modifications to the County, except the power to establish a public utilities commission. No area municipality to distribute water (2) No area municipality shall have or exercise any powers under any Act for the supply and distribution of water, including the financing thereof, except as provided in subsection (7). Vesting of water supply facilities (3) All waterworks, supply systems, meters, mechanical equipment and all real and personal property of any nature whatsoever used solely or primarily for the purposes of the supply and distribution of water and all other assets, liabilities and surpluses or deficits, including reserves, of the local municipalities relating to any facility for the supply and distribution of water in the County or for any area municipality are vested in the County effective the 1st day of January, 1975, and no compensation or damages shall be payable to any area municipality in respect thereof. County liability (4) The County shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the County under subsection (3), but nothing in this subsection requires the County to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work. Default (5) If the County fails to make any payment as required by subsection (4), the area municipality may charge the County interest at the rate of 15 per cent per year thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. Water supply agreements (6) With respect to any agreements entered into or matters commenced by any municipality or local board thereof in the County respecting the supply and distribution of water and the financing thereof, the County shall, on the 1st day of January, 1975, stand in the place and stead of such municipality or local board for all purposes of any such agreement or matter. Idem (7) The County is entitled to enter into agreements with any person, area municipality or local board thereof with respect to any of the matters provided for in this Part, and in such event the person, area municipality or local board thereof has authority to enter into such agreements. R.S.O. 1990, c. C.42, s. 75. PART IX   COUNTY SEWAGE WORKS
Idem
77. Repealed: 1997, c. 5, s. 65 (1).
Investment of money
78. (1) Sections 167.1 and 167.3 of the Municipal Act apply to the County with necessary modifications. 1996, c. 32, s. 67 (6). County deemed municipality (2) The County shall be deemed to be a municipality for the purposes of section 34 of the Credit Unions and Caisses Populaires Act, 1994. R.S.O. 1990, c. C.42, s. 78 (2); 1994, c. 11, s. 385. 79.-84. Repealed: 1997, c. 5, s. 65 (2). 84.1-84.14 Repealed: 1997, c. 5, s. 65 (2). Reserve Funds
County deemed municipality
79.-84. Repealed: 1997, c. 5, s. 65 (2). 84.1-84.14 Repealed: 1997, c. 5, s. 65 (2). Reserve Funds
County deemed municipality
84.1-84.14 Repealed: 1997, c. 5, s. 65 (2). Reserve Funds
Reserve funds of municipalities
85. (1) Reserve funds established by local municipalities for purposes for which the County has authority to spend funds and for which the council of an area municipality has no authority to spend funds are reserve funds of the County and the assets of the reserve funds are vested in the County. Idem (2) Reserve funds established by local municipalities, other than divided municipalities, for purposes for which the councils of area municipalities have authority to spend funds and for which the County has no authority to spend funds are reserve funds of the area municipality of which the local municipality forms a part and the assets of the reserve funds are vested in the area municipality. R.S.O. 1990, c. C.42, s. 85.
Reserve fund
86. (1) The County Council may in each year provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds. R.S.O. 1990, c. C.42, s. 86 (1). Investments and income (2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the County is permitted to invest under section 167 of the Municipal Act. Same (2.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 67 (7). Application of funds (3) The money raised for a reserve fund established under subsection (1) shall not be expended, pledged or applied to any purpose other than that for which the fund was established, unless approved by the County Council. Auditor’s report (4) The auditor in the auditor’s annual report shall report on the activities and position of each reserve fund established under subsection (1). R.S.O. 1990, c. C.42, s. 86 (3, 4). Temporary Loans
Debt
88. (1) The County may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt. Municipal purposes (1.1) In subsection (1), “municipal purposes” means all the following purposes, under this or any other Act: 1. The purposes of the County. 2. The purposes of an area municipality. 3. The joint purposes of two or more area municipalities. Limitations (1.2) Subsection (1) is subject to the limitations in this or any other Act. 1996, c. 32, s. 67 (12). Liability (2) All debentures issued pursuant to a by-law passed by the County Council under the authority of this Act are direct, joint and several obligations of the County and the area municipalities despite the fact that the whole or any portion of the rates imposed for the payment thereof may have been levied only against one or more of the area municipalities, but nothing in this subsection affects the rights of the County and of the area municipalities respectively as among themselves. Limitation (3) Despite any general or special Act, no area municipality has power to issue debentures. R.S.O. 1990, c. C.42, s. 88 (2, 3). (4) Repealed: 1998, c. 18, Sched. B, s. 4.
Temporary borrowing
89. (1) Where the County has entered into an agreement under the Ontario Water Resources Act whereby the County is entitled to receive money from the Crown, the County Council pending the receipt of such money may, in order to meet expenditures incurred in carrying out the agreement, agree with a bank or a person for temporary advances from time to time. Application of proceeds (2) The proceeds of every advance under this section shall be applied to the expenditures incurred in carrying out the agreement made by the County under the Ontario Water Resources Act, but the lender shall not be bound to see to the application of the proceeds and, when the County has received the money to which it is entitled from the Crown under the agreement, the money shall be applied first in repayment of the advances. R.S.O. 1990, c. C.42, s. 89. 90. Repealed: 1996, c. 32, s. 67 (13).
Application of proceeds
90. Repealed: 1996, c. 32, s. 67 (13).
Concurrence of specified number of members of area council
91. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the County Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the County by-law. 1996, c. 32, s. 67 (14).
Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
94. Despite any other provision of this Act, (a) a money by-law of the County Council may provide that all or a portion of the debentures to be issued thereunder shall be payable on a fixed date, subject to the obligation of the County to redeem by lot annually on each anniversary of the date of the debentures a specified principal amount of the debentures upon payment by the County of such principal amount plus accrued interest to the date of redemption and upon giving notice as provided in this section; interest ceases to accrue on date set for redemption (b) the principal amount of every debenture that is called for redemption shall become due and payable on the date set for the redemption thereof and, after that date, interest ceases to accrue thereon where provision is duly made by the County for the payment of the principal amount thereof; debentures to be redeemed may be purchased (c) the debentures to be redeemed on each anniversary of the date of the debentures shall be selected by lot by the treasurer of the County in such manner as may be prescribed by by-law of the County Council and when redeemed shall be cancelled and shall not be reissued, provided always that the principal amount of the debentures to be redeemed in any year may be reduced by the principal amount of any debentures purchased by the County, at a price or prices not exceeding the principal amount thereof, and surrendered for cancellation on the date fixed for redemption; notice to redeem to be sent by mail (d) notice of intention to redeem any debenture shall be sent by prepaid mail at least thirty days prior to the date set for redemption to the person, if any, in whose name the debenture may be registered at the address shown in the debenture registry; notice to redeem to be published (e) notice of intention to redeem any debenture shall be published at least thirty days prior to the date set for redemption in such manner as the by-law may provide; where only portion of debentures payable on fixed date (f) where only a portion of the debentures issued under a by-law is payable on a fixed date, the obligation of the County to redeem by lot annually a specified principal amount of debentures does not apply in any year in which an instalment of principal of the remaining debentures issued under such by-law becomes due and payable; and annual amounts payable to be approximately equal (g) the aggregate amounts of principal and interest, or the amounts of principal, payable in each year during the currency of debentures issued under this section shall be approximately equal. R.S.O. 1990, c. C.42, s. 94; 1992, c. 15, s. 64.
Debentures
95. Section 141 of the Municipal Act applies with necessary modifications to the County. R.S.O. 1990, c. C.42, s. 95.
Interest
96. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the County Council. Hypothecation not a sale under this section (2) For the purposes of this section, the hypothecation of debentures under section 92 shall not constitute a sale or other disposal thereof. Consolidation of debentures (3) The County Council may by one by-law authorized under subsection (1) amend two or more by-laws and provide for the issue of one series of new debentures in substitution and exchange for the debentures issued thereunder. Special assessment and levies (4) A by-law passed under this section does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the County Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the County Council. R.S.O. 1990, c. C.42, s. 96.
Repeal of by-law when part only of money to be raised
97. (1) Where part only of a sum of money provided for by a by-law has been raised, the County Council may repeal the by-law as to any part of the residue, and as a proportionate part of the amounts to be raised annually. R.S.O. 1990, c. C.42, s. 97 (1). Effective date (2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day. 1996, c. 32, s. 67 (30).
Until debt paid certain by-laws cannot be repealed
98. (1) Subject to section 97, after a debt has been contracted under a by-law, the County Council shall not, until the debt and interest have been paid, repeal the by-law or any by-law appropriating, for the payment of the debt or the interest, the surplus income from any work or any interest therein, or money from any other source, and shall not apply to any other purpose any money of the County that has been directed to be applied to the payment. Application of payments (2) When the County, by or under the authority of this Act, pays to an area municipality any amount of principal and interest becoming due upon any outstanding debentures issued by the area municipality, neither the council of the area municipality nor any officer thereof shall apply any of the money so paid for any purpose other than the payment of the amounts of principal and interest so becoming due. R.S.O. 1990, c. C.42, s. 98.
Offence for neglect of officer to carry out by-law
99. Any officer of the County whose duty it is to carry into effect any of the provisions of a money by-law of the County who neglects or refuses to do so, under colour of a by-law illegally attempting to repeal or amend it, so as to diminish the amount to be raised annually under it, is guilty of an offence. R.S.O. 1990, c. C.42, s. 99.
Money by-laws may be registered
100. (1) Within four weeks after the passing of a money by-law, the clerk may register a duplicate original or a copy of it certified under his hand and the seal of the County in the appropriate land registry office. Application to quash registered by-law, when to be made (2) Subject to section 62 of the Ontario Municipal Board Act, every by-law registered in accordance with subsection (1), or before the sale or other disposition of the debentures issued under it, and the debentures are valid and binding, according to the terms thereof, and the by-law shall not be quashed, unless within one month after the registration in the case of by-laws passed under the Drainage Act or the Local Improvement Act, and in the case of other by-laws, within three months after the registration, an application or action to quash the by-law is made to or brought in a court of competent jurisdiction, and a certificate under the hand of the proper officer of the court and its seal, stating that the application has been made or action brought, is registered in the registry office within the period of three months or one month, as the case may be. Time when by-law to be valid and binding (3) After the expiration of the period prescribed by subsection (2), if no application or action to quash the by-law is made or brought, the by-law is valid and binding according to its terms. Quashing part of by-law (4) If an application or action to quash the by-law is made or brought within the period prescribed by subsection (2), but part only of the by-law is sought to be quashed, the remainder of it, if no application or action to quash it is made or brought within that period, is after the expiration of that period, valid and binding according to its terms. Dismissal of application (5) If the application or action is dismissed in whole or in part, a certificate of the dismissal may be registered, and after the dismissal and the expiration of the period prescribed by subsection (2), if it has not already expired, the by-law, or so much of it as is not quashed, is valid and binding according to its terms. R.S.O. 1990, c. C.42, s. 100 (1-5). Illegal by-laws not validated (6) Nothing in this section makes valid a by-law where it appears on the face of it that any of the provisions of subsection 93 (5) have not been substantially complied with. R.S.O. 1990, c. C.42, s. 100 (6); 1996, c. 32, s. 67 (31). Failure to register (7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. C.42, s. 100 (7).
Execution
101. (1) A debenture shall bear, (a) the County’s seal; and (b) the signatures of, (i) the warden, or another person authorized to sign by a by-law of the County, and (ii) the treasurer. To whom payable (2) A debenture may be made payable to bearer or to a named person or bearer. Full amount recoverable (3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the County. Mechanical reproduction of seal and signatures (4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced. Signature (5) A debenture is sufficiently signed if, (a) it bears the required signatures; and (b) each person signing has authority to do so on the date he or she signs. Interest coupons (6) Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture. Application of subss. (4) and (5) (7) Subsections (4) and (5) also apply to the execution of interest coupons. 1996, c. 32, s. 67 (32).
Debentures on which payment has been made for one year to be valid
102. Where the interest for one year or more on the debentures issued under a by-law and the principal of any debenture that has matured has been paid by the County, the by-law and the debentures issued under it are valid and binding upon the County. R.S.O. 1990, c. C.42, s. 102.
Mode of transfer
103. (1) Where a debenture contains or has endorsed upon it provisions to the following effect: This debenture, or any interest therein, is not, after a certificate of ownership has been endorsed thereon by the treasurer of this Corporation (or other person authorized by by-law of this Corporation to endorse the certificate of ownership), transferable except by entry by the treasurer (or other person so authorized) in the debenture registry of the Corporation at the ............................. ................................................................. ................................................................. of ............................................................ the treasurer (or other persons so authorized), on the application of the owner of the debenture or of any interest in it, shall endorse upon the debenture a certificate of ownership and shall record in a debenture registry a copy of the certificate and of every certificate that is subsequently given, and shall also enter a memorandum of every transfer of the debenture. R.S.O. 1990, c. C.42, s. 103 (1); 1992, c. 15, s. 66 (1). Requirements as to endorsing certificate of ownership (2) A certificate of ownership shall not be endorsed on a debenture except by the written authority of the person last entered as the owner of it, or of the owner’s executors or administrators, or of the owner’s or the executors’ or administrators’ attorney, and, if the person last entered as owner of it is a corporation, the written authority of corporation, or its successors, which authority shall be retained and filed by the treasurer. R.S.O. 1990, c. C.42, s. 103 (2). Transfer by entry in debenture registry (3) After a certificate of ownership has been endorsed, the debenture, if it contains or has endorsed upon it a provision to the like effect of the provision contained in subsection (1), is transferable only by entry by the treasurer (or other authorized person) in the debenture registry as and when a transfer of the debenture is authorized by the then owner of it or his or her executors or administrators or his, her or their attorney and, if the then owner of it is a corporation, the written authority of the corporation, or its successors. R.S.O. 1990, c. C.42, s. 103 (3); 1992, c. 15, s. 66 (2). Registration of debenture (4) A debenture may be registered as to principal and interest, in which case the interest shall be paid by cheque or, if authorized in writing by the owner of the debenture, by electronic transfer and the debenture may be referred to as a fully registered debenture. 1992, c. 15, s. 66 (3). Where debenture registry may be maintained outside Canada (5) Where debentures are payable in a currency other than that of Canada, the County Council may provide that the debenture registry of the County in respect of such debentures be maintained outside Canada by a corporation or person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the County Council considers appropriate. R.S.O. 1990, c. C.42, s. 103 (5); 1992, c. 15, s. 66 (4).
Records storage
103.1 (1) The following records may be kept electronically or by using a magnetic medium: 1. Copies of certificates of ownership and original memoranda of debenture transfers under subsection 103 (1). 2. Names and addresses of the owners of registered debentures. 3. Particulars of the cancellation and destruction of debentures under subsection 105 (4) and the issuance of any new debentures in exchange. Admissibility (2) Any writing produced from an electronic or magnetic medium that represents the copy of a certificate of ownership kept under paragraph 1 of subsection (1) and that is in a readily understandable form is admissible in evidence to the same extent as a copy of the certificate under subsection 103 (1). Idem (3) If there is no original written record, any writing produced from an electronic or magnetic medium that is in a readily understandable form and that represents a memorandum of debenture transfer or the records kept under paragraph 2 or 3 of subsection (1) is admissible in evidence to the same extent as if it were an original written record. 1992, c. 15, s. 67.
Replacement of lost debentures
104. Where a debenture is defaced, lost or destroyed, the County Council may by by-law provide for the replacing of the debenture on the payment of such fee and on such terms as to evidence and indemnity as the by-law may provide. R.S.O. 1990, c. C.42, s. 104.
Exchange of debentures
105. (1) On request of the holder of any debenture issued by the County, the treasurer of the County may issue and deliver to the holder a new debenture or new debentures in exchange therefor for the same aggregate principal amount. On request of sinking fund committee (2) On the request of the sinking fund committee, the treasurer of the County may, as provided in this section, exchange debentures, heretofore or hereafter issued by the County. New debenture of same force and effect as debenture surrendered (3) Any new debenture mentioned in subsection (1) may be registered as to principal and interest but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange. R.S.O. 1990, c. C.42, s. 105 (1-3). Duty of treasurer (4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the County shall, (a) cancel and destroy it; (b) certify the cancellation and destruction in the debenture registry; and (c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange. 1996, c. 32, s. 67 (33).
Application of proceeds of debentures
106. (1) The money received by the County from the sale or hypothecation of any debentures, to the extent that the money is required for the purposes for which the debentures were issued and for the repayment of any outstanding temporary loans with respect thereto, shall be used only for such purpose or purposes. R.S.O. 1990, c. C.42, s. 106 (1). Idem (2) None of the money received by the County from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the County or an area municipality. R.S.O. 1990, c. C.42, s. 106 (2). Surplus (3) Where on the sale of any debenture an amount is realized in excess of that required for the purpose or purposes for which the debentures were issued, the excess amount shall be applied, (a) if any debentures are redeemable prior to maturity at the option of the County to redeem one or more of the debentures having the latest maturity date; or (b) to reduce the next annual levy on account of principal and interest payable with respect to the debentures; or (c) to reduce the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved by the County, provided that the principal and interest charges of the debentures are levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures with respect to which the excess arose. R.S.O. 1990, c. C.42, s. 106 (3); 1992, c. 15, s. 69 (1); 1996, c. 32, s. 67 (34). Deficiency (4) Where on the sale of any debentures a deficiency in the amount required for the purpose or purposes for which the debentures were issued is sustained, the amount of the deficiency shall be added to the sum to be raised for the first annual payment of principal and interest with respect to the debentures and the levy made in the first year for such purpose or purposes shall be increased accordingly or shall be raised by the issue of other debentures for the same or any similar purpose or purposes. R.S.O. 1990, c. C.42, s. 106 (4); 1992, c. 15, s. 69 (2); 1996, c. 32, s. 67 (35).
Use of proceeds of sale of asset acquired from proceeds of sale of debentures
107. Where real or personal property acquired out of money received by the County from the sale or hypothecation of any debentures is disposed of by sale or otherwise, the net proceeds of the disposal shall be applied as an excess in accordance with subsection 106 (3) or may be applied to meet the whole or a portion of any capital expenditure the debt charges for which, if raised by taxation, would be raised by taxation levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the property disposed of or sold. R.S.O. 1990, c. C.42, s. 107; 1996, c. 32, s. 67 (36).
Tenders for debentures
108. When the County intends to borrow money on debentures under this or any other Act, the County Council may prior to the issue thereof call for tenders for the amount of money required and the person tendering shall specify the rate of interest the debentures shall bear when issued at par. R.S.O. 1990, c. C.42, s. 108.
Accounts, how to be kept
109. (1) The County Council shall, (a) keep a separate account of every debenture debt; (b) where the whole of a debenture debt is not payable in the current year, keep in respect thereof, (i) an additional account for the interest, if any, and (ii) an additional account for the sinking fund or the instalments of principal, distinguished from all other accounts by a prefix designating the purpose for which the debenture debt was contracted; and (c) keep the accounts so as to exhibit at all times the state of every debt, and the amount of money raised, obtained and appropriated for the payment of it. Consolidated interest account (2) The County Council may by by-law provide and direct that instead of a separate account of the interest upon every debt being kept, a consolidated account of the interest upon all debts may be kept, but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of the interest account upon every debt and that provision has been made to meet the interest upon every debt. R.S.O. 1990, c. C.42, s. 109.
Application of surplus money
110. If, in any year after paying the interest and appropriating the necessary sum in payment of the instalments, there is a surplus properly applicable to the debt, it shall so remain until required in due course for the payment of interest or in payment of principal. R.S.O. 1990, c. C.42, s. 110.
Liability of members
111. (1) If the County Council applies any money raised for a special purpose or collected for a sinking fund in payment of current or other expenditures, the members who vote for the application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction. Action by ratepayer (2) If the County Council, upon the request in writing of a ratepayer of any area municipality, refuses or neglects for one month to bring an action therefor, the action may be brought by any such ratepayer on behalf of the ratepayer and all other ratepayers in the County. Disqualification (3) The members who vote for the application are disqualified from holding any municipal office for two years. R.S.O. 1990, c. C.42, s. 111.
Refinancing of debentures
112. When, by or under the authority of this Act, the County is or becomes liable for the payment to an area municipality of all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality, the County may, (a) cancel all the debentures that have not been sold and issue new debentures of the County in substitution and exchange therefor and apply the proceeds for the purposes for which the debentures were issued; (b) arrange with the area municipality for redemption of all the debentures as are redeemable and issue new debentures of the County to raise the money required for the redemption; and (c) purchase, by agreement with the owner or owners thereof, all the debentures of a single issue of the area municipality, and issue new debentures of the Corporation to raise the money required to complete the purchase. R.S.O. 1990, c. C.42, s. 112; 1996, c. 32, s. 67 (37, 38). PART XI   GENERAL
Special provisions
113. (1) Sections 5, 82, 83, 88, 90, 91, 92, 94, subsections 96 (1), (4), (5), sections 98, 103, subsection 104 (1), sections 105, 108, 111, 113, 114, 115, 116, 117, 120, 121, 126, subsection 163 (3), section 188, paragraphs 3, 10, 11, 12, 23, 24, 30, 45, 46, 47, 48, 49, 50, 51 and 55 of section 207, subparagraph iii of paragraph 69 and paragraph 135 of section 210, paragraph 10 of section 314 and Parts XIII, XIV, XV and XIX of the Municipal Act apply with necessary modifications to the County. R.S.O. 1990, c. C.42, s. 113 (1); 1991, c. 15, s. 25. Exceptions (2) Sections 10 and 11 of the Municipal Act do not apply to any area municipality. Public transportation systems, refuse disposal, entertainment expenses, etc. (3) The County shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210 and section 257 of the Municipal Act. Charity (4) The County shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act. Purchasing or renting machinery (5) The County shall be deemed to be, and to have always been, a municipality for the purposes of section 311 of the Municipal Act. Delegation of approval (6) Despite any other provision in this Act, the County may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 34 (2) and any such by-law may prescribe terms and conditions under which the approval or consent may be granted. By-laws (7) Every by-law of a local municipality as it existed on the 31st day of December, 1974, shall remain in force in the area of the former local municipality on and after the 1st day of January, 1975, and may be amended or repealed by the council of an area municipality as it affects the area municipality and where the by-law pertains to a function of the County it may be amended or repealed by the County Council. Vesting of transportation assets in County (8) In the event that the County establishes a transportation system in accordance with subsection (3), no area municipality shall operate a system and all the assets and liabilities of any area municipality used for a public transportation system vest in the County on the day the County transportation system is established, without compensation, and the County shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of the assets. Default (9) If the County fails to make any payment required by subsection (8), the area municipality may charge the County interest at the rate of 12 per cent per year thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. Conservation Authority representation (10) Despite section 4 of the Conservation Authorities Act, the County Council may appoint to the Upper Thames River Conservation Authority the same number of members as the local municipalities within the County were entitled to appoint in the year 1974. R.S.O. 1990, c. C.42, s. 113 (2-10).
Expenditures for diffusing information
114. (1) The County may make expenditures for the purpose of diffusing information respecting the advantages of the County as an industrial, business, educational, residential or vacation centre. Industrial sites and publicity (2) Paragraph 22 of section 207 and paragraph 57 of section 210 of the Municipal Act apply with necessary modifications to the County, and no area municipality shall exercise any such powers, (a) save and except in respect of those lands acquired or held by a local municipality on or before the 31st day of December, 1974; or (b) unless the by-law of the area municipality has been approved by the County Council. R.S.O. 1990, c. C.42, s. 114.
Payment of damages to employees
115. Where, in an action or by the settlement of a claim arising out of any injury to an employee or to any person considered an employee for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the County recovers damages from a third person, the damages or any portion thereof may be paid to the employee or person or, in the event of his or her death, to one or more of his or her dependants upon such terms and conditions as the County may impose. R.S.O. 1990, c. C.42, s. 115; 1997, c. 16, s. 3.
Investigation by judge of charges of malfeasance
116. (1) Where the County Council passes a resolution requesting a judge of the Ontario Court (General Division) to investigate any matter relating to a supposed malfeasance, breach of trust or other misconduct on the part of a member of the County Council, or an officer or employee of the County, or of any person having a contract with it, in regard to the duties or obligations of the member, officer, employee or other person to the County, or to inquire into or concerning any matter connected with the good government of the County or the conduct of any part of its public business, including any business conducted by a local board of the County, the judge shall make the inquiry and for that purpose has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act, and he or she shall, with all convenient speed, report to the County Council the result of the inquiry and the evidence taken. Engaging counsel (2) The County Council may engage and pay counsel to represent the County, and may pay all proper witness fees to persons summoned to give evidence at the instance of the County, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on the investigation or inquiry, may be represented by counsel. Idem (3) The judge may engage counsel and such other assistants and staff and incur such incidental expenses as he or she considers advisable for the proper conduct of the investigation or inquiry, and the County shall pay the costs thereof. R.S.O. 1990, c. C.42, s. 116. 117. Repealed: 1996, c. 32, s. 67 (39).
Idem
117. Repealed: 1996, c. 32, s. 67 (39).
Entry on highways
118. The County for its purposes may enter, break up, dig and trench in, upon and under the highways, lanes and other public communications of any area municipality and may construct and maintain therein pipes, sewers, drains, conduits and other works necessary for its purposes, without making compensation therefor, but all the highways, lanes and other public communications shall be restored to their original condition without unnecessary delay. R.S.O. 1990, c. C.42, s. 118.
Agreements re services
119. The County and any area municipality may enter into agreements for the use within any part of the County of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary. R.S.O. 1990, c. C.42, s. 119.
Application of Assessment Act
120. (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the County shall be deemed to be a municipality. County and area municipalities deemed not tenants (2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the County is occupied by an area municipality or where property belonging to an area municipality is occupied by the County or another area municipality, the occupant shall not be considered to be a tenant or lessee, whether rent is paid for such occupation or not. Definitions (3) In subsection (2), “County” and “area municipality” include a local board thereof. R.S.O. 1990, c. C.42, s. 120.