jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “area municipality” means the municipality or corporation of the City of Woodstock, the Town of Ingersoll, the Town of Tillsonburg, the Township of Blandford-Blenheim, the Township of East Zorra-Tavistock, the Township of Zorra, the Township of Norwich and the Township of South-West Oxford all as continued by section 2; (“municipalité de secteur”) “bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”) “County” means the County of Oxford; (“comté”) “County Council” means the council of the County; (“conseil de comté”) “county road” means a road forming part of the county road system referred to in Part III; (“route de comté”) “debt” includes any obligation for the payment of money; (“dette”) “highway” and “road” mean a common and public highway or any part thereof, and include a street, bridge, and any other structure incidental thereto or any part thereof; (“voie publique”, “route”) “land” includes lands, tenements and hereditaments and any estate or interest therein, and any right or easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”) “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, local board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”) “local municipality” means in the year 1974 any local municipality or portion thereof in the County; (“municipalité locale”) “merged area” means a local municipality that was amalgamated with another local municipality or a part of a local municipality that was annexed to a local municipality to constitute an area municipality under subsection 2 (1) of the County of Oxford Act, being chapter 365 of the Revised Statutes of Ontario, 1980, or the local municipality to which such part was annexed; (“secteur fusionné”) “Minister” means the Minister of Municipal Affairs; (“ministre”) “Ministry” means the Ministry of Municipal Affairs; (“ministère”) “money by-law” means a by-law for contracting a debt or obligation or for borrowing money; (“règlement municipal de finance”) “Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”) “roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. C.42, s. 1. PART I   AREA MUNICIPALITIES
Continuation of area municipalities
2. The area municipalities are continued with the same name, status and boundaries as they had on the 31st day of December, 1990. R.S.O. 1990, c. C.42, s. 2.
Alteration of status of area municipality
3. (1) Despite any Act, upon the recommendation of the Minister pursuant to an application by an area municipality the Lieutenant Governor in Council may, by order, alter the status of the area municipality to that of a township, village, town or city municipality, and may direct the new name that the area municipality will bear when its status is altered and the date when the alteration of status will take effect and may provide for any matters that are considered necessary or desirable for implementing the alteration of status or for carrying on the area municipality after that date, including the composition of its council. By-laws, assets, etc. (2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply, with necessary modifications, and the provisions of any special Act that applied to the area municipality prior to the alteration of its status continue to apply to it after the alteration. R.S.O. 1990, c. C.42, s. 3.
Votes
4. (1) Repealed: 1996, c. 32, s. 67 (1). Where acclamation or equality of votes (2) If, after any election in an area municipality, by reason of acclamation or equality of votes, it cannot be determined which councillor or councillors is, or are, entitled to be a member or members of the County Council, the matter shall be determined by resolution of the council of the area municipality passed before the organization meeting of the County Council. R.S.O. 1990, c. C.42, s. 4 (2). (3) Repealed: 1996, c. 32, s. 67 (1). (4) Repealed: 1996, c. 32, s. 67 (1).
Notice of inquiry by Minister
5. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the County, the Minister may give the Municipal Board a written notice of the inquiry. Stay of proceeding before Municipal Board (2) When the Municipal Board receives the Minister’s notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued: 1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act. 2. A petition under section 13.2 of that Act relating to an area municipality. 1996, c. 32, s. 67 (2).
No Board of Control
6. No area municipality shall have a Board of Control. R.S.O. 1990, c. C.42, s. 6. PART II   ESTABLISHMENT OF THE COUNTY COUNCIL
County continued
7. (1) The County of Oxford is continued and shall exercise the powers and duties and be subject to the obligations and liabilities provided for in this Act. Deemed municipality (2) The County shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act. Minister’s authority (3) The Minister may by order deem the County to be a regional municipality for the purposes of any general or special Act. County deemed not municipality (4) The County shall not, except as provided for in this Act, be a municipality for the purposes of the Municipal Act. R.S.O. 1990, c. C.42, s. 7.
County Council to exercise corporate powers
8. (1) The powers of the County shall be exercised by the County Council and, except where otherwise provided, the jurisdiction of the County Council is confined to the County. Powers exercised by by-law (2) Except where otherwise provided, the powers of the County Council shall be exercised by by-law. Not to be quashed as unreasonable (3) A by-law passed by the County Council in the exercise of any of its powers and in good faith shall not be open to question, or be quashed, set aside or declared invalid either wholly or partly, on account of the unreasonableness or the supposed unreasonableness of its provisions or any of them. R.S.O. 1990, c. C.42, s. 8. 9. Repealed: 1996, c. 32, s. 67 (3).
Not to be quashed as unreasonable
9. Repealed: 1996, c. 32, s. 67 (3).
Election of warden
10. (1) At the first meeting of the County Council after a regular election at which a quorum is present, the County Council shall organize as a council and elect from among its members a warden who shall hold office for that term of the council and until a successor is elected, and at such meeting the clerk shall preside until the warden is elected, and the warden so elected shall retain his or her seat on the council of the area municipality to which he or she was elected. Idem (2) At the first meeting of the County Council in any year at which the warden is to be elected, the Council shall conduct a draw by lot to determine the area municipality which shall cast the additional vote in the event of a tie to elect the warden. Failure to elect warden (3) If, at the first meeting of the County Council after a regular election, a warden is not elected, the presiding officer may adjourn the meeting from time to time, and, if a warden is not elected at any adjourned meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a warden to hold office for the term of the council and until a successor is elected in accordance with this Act. R.S.O. 1990, c. C.42, s. 10.
First meeting of area councils
11. (1) Despite any other general or special Act, the first meeting of the council of each area municipality after a regular election shall be held not later than the seventh day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. C.42, s. 11 (1). First meeting of County Council (2) The first meeting of the County Council after a regular election shall be held after the councils of the area municipalities have held their first meetings under subsection (1), but in any event not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. C.42, s. 11 (2); 1994, c. 23, s. 81. Certificates of qualification (3) Where a person is elected or appointed to represent an area municipality as a member of the County Council or is elected or appointed as mayor of an area municipality, the clerk of the area municipality, forthwith after the election or appointment, shall certify under the seal of the area municipality to the clerk of the County the name of each person who has been so elected or appointed, and the person shall not take the seat to which the person has become entitled until the clerk of the County has received such a certificate in respect of that person. Oath of allegiance and declaration of qualification (4) The warden, before taking his or her seat, shall take an oath of allegiance in Form 1 and a declaration of qualification in Form 2, in English or in French. Declaration of office (5) No business shall be proceeded with at the first meeting of the County Council until after the declarations of office in Form 3 of the Municipal Act have been made, in English or in French, by all members who present themselves for that purpose. When County Council deemed organized (6) The County Council shall be deemed to be organized when the declarations of office have been made by a sufficient number of members to form a quorum as provided for in section 12. R.S.O. 1990, c. C.42, s. 11 (3-6).
Quorum, voting
12. (1) Eleven members of the County Council representing four area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. One vote (2) Each member of the County Council has one vote only. R.S.O. 1990, c. C.42, s. 12. Quorum if size and composition changed (3) Despite the quorum rule in subsection (1), if a by-law passed by the County Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum. By-law re quorum (4) Despite subsection (3), the County Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 67 (4).
Meetings
13. Subject to section 11, all meetings of the County Council shall be held within the County. 1994, c. 23, s. 82.
Vacancies
14. (1) When a vacancy occurs in the office of a warden who has been elected under subsection 10 (1), the County Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a warden who shall be a member of the County Council, to hold office for the remainder of the term of his or her predecessor. Idem (2) If the County Council fails to elect a warden within twenty days as required by subsection (1), the Lieutenant Governor in Council may appoint a person as warden to hold office for the remainder of the term of his or her predecessor. Disqualification and vacancies (3) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the County Council. Resignation from County Council (4) A member of the County Council with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign his or her office and seat in the Council which shall then be vacant, but the member shall not vote on a motion as to the resignation and if the Council does not accept the resignation it is of no effect. Where vacancy in County Council or area municipality council (5) If not already vacant by virtue of any general or special Act, (a) the seat of a member of the County Council becomes vacant if the seat of that member on the council of an area municipality is declared vacant by the council of that area municipality; and (b) the seat of a member of the council of an area municipality becomes vacant if the seat of that member on the County Council is declared vacant by the County Council. Declaration of vacancy (6) Where the County Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (7), and subsection (5) applies, the County Council or the area council, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council. Idem (7) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (6), the County Council or the council of the area municipality, as the case may be, shall forthwith declare the seat of that member on the council to be vacant. Other members (8) When a vacancy occurs in the office of a member, other than the warden or the head of the council of an area municipality, the council of the area municipality of which he or she was a member shall by by-law within sixty days after the vacancy occurs appoint a successor, who may be a member of the council, to hold office for the remainder of the term of his or her predecessor. Where head of council incapacitated (9) In the event that the head of the council of an area municipality is for any reason unable to fulfil his or her duties as a member of the County Council for a period exceeding one month, the council of the area municipality may by by-law appoint one of its members as an alternate representative to the County Council who shall act in the place and stead of the head of council during his or her incapacity but no such by-law shall have effect for a period longer than one month from its effective date. R.S.O. 1990, c. C.42, s. 14.
Committees
15. The County Council may from time to time establish such standing or other committees and assign to them such duties as it considers expedient. R.S.O. 1990, c. C.42, s. 15.
Conduct of members
16. The County Council may pass by-laws governing the conduct of its members. 1994, c. 23, s. 83.
Officers
17. (1) The warden is the head of the County Council and is the chief executive officer of the County. R.S.O. 1990, c. C.42, s. 17 (1). Chief administrative officer (2) The County Council may by by-law appoint a chief administrative officer, who, (a) shall have such general control and management of the administration of the government and affairs of the County and perform such duties as the County Council by by-law prescribes; (b) shall be responsible for the efficient administration of all its departments to the extent that he or she is given authority and control over them by by-law; and (c) Repealed: 1992, c. 15, s. 56. (d) shall receive such salary as the County Council by by-law determines. R.S.O. 1990, c. C.42, s. 17 (2); 1992, c. 15, s. 56. (3) Repealed: 1991, c. 15, s. 20.
Acting warden
18. (1) When the warden is absent or refuses to act, or his or her office is vacant, the County Council may by resolution appoint one of its members to act in the warden’s place and stead and, while so acting, such member has and may exercise all the rights, powers and authority of the warden. Idem (2) The County Council may by by-law appoint a member of the County Council to act from time to time in the place and stead of the warden when the warden is absent from the County or absent through illness or his or her office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the warden. R.S.O. 1990, c. C.42, s. 18.
Procedure
19. (1) Sections 57, 58, 59, 61, 127, 134 to 138 and 251 of the Municipal Act apply with necessary modifications to the County. Idem (2) Sections 55, 62 and 106 of the Municipal Act apply with necessary modifications to the County Council and to every local board of the County. Remuneration and expenses (3) Sections 242, 243, 244 to 248, 251, 252, 253 and 254 of the Municipal Act apply with necessary modifications to the County Council. R.S.O. 1990, c. C.42, s. 19.
Appointment of clerk
20. (1) The County Council shall appoint a clerk whose duty it is, (a) to record truly, without note or comment, all resolutions, decisions and other proceedings of the County Council; (b) if required by any member present, to record the name and vote of every member voting on any matter or question; (c) to keep in his or her office, or in the place appointed for that purpose, the originals of all by-laws and of all minutes of the proceedings of the County Council and its committees; and (d) to perform such other duties as may be assigned by the County Council. Deputy clerk (2) The County Council may appoint a deputy clerk who shall have all the powers and duties of the clerk. Acting clerk (3) When the office of clerk is vacant or the clerk is unable to carry on his or her duties through illness or otherwise, the County Council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk. R.S.O. 1990, c. C.42, s. 20.
Inspection and copying of minutes, etc.
21. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable hours, inspect any of the records, books or documents mentioned in section 20 and the minutes and proceedings of any committee of the County Council, whether the acts of the committee have been adopted or not, and other documents in the possession or under the control of the clerk, and the clerk shall, within a reasonable time, furnish copies of them, certified under the clerk’s hand and the seal of the County, to any applicant on payment at such rate as the County Council may by by-law establish. R.S.O. 1990, c. C.42, s. 21 (1); 1992, c. 15, s. 57. Index of by-laws affecting land (2) The clerk shall keep an index book in which he or she shall enter the number and date of all by-laws passed by the County Council that affect land or the use thereof in the County but do not directly affect the title to land. Copies certified by clerk to be receivable in evidence (3) A copy of any record, book or document in the possession or under the control of the clerk, purporting to be certified under his or her hand and the seal of the County, may be filed and used in any court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed the same, and without further proof, unless the court otherwise directs. R.S.O. 1990, c. C.42, s. 21 (2, 3).
Appointment of treasurer
22. (1) The County Council shall appoint a treasurer who shall keep the books, records and accounts, and prepare the annual financial statements of the County and preserve and file all accounts of the County and shall perform such other duties as may be assigned by the County Council. Deputy treasurer (2) The County Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer. Acting treasurer (3) When the office of treasurer is vacant or the treasurer is unable to carry on his or her duties, through illness or otherwise, the County Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer. R.S.O. 1990, c. C.42, s. 22.
Receipt and disbursement of money
23. (1) The treasurer shall receive and safely keep all money of the County and shall pay out money to such persons and in such manner as the law in force in Ontario and the by-laws or resolutions of the County Council direct, provided that every cheque issued by the treasurer shall be signed by the treasurer and by some other person or persons designated for the purpose by by-law or resolution of the County Council. Signing of cheques (2) Despite subsection (1), the County Council may by by-law, (a) designate one or more persons to sign cheques in lieu of the treasurer; and (b) provide that the signature of the treasurer and of any other person authorized to sign cheques may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques. Petty cash fund (3) The County Council may by by-law provide that the treasurer may establish and maintain a petty cash fund of an amount of money sufficient to make change and pay small accounts, subject to such terms and conditions as the by-law may provide. Treasurer’s liability limited (4) The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the County Council, unless another disposition of it is expressly provided for by statute. R.S.O. 1990, c. C.42, s. 23.
Bank accounts
24. Subject to subsection 23 (3), the treasurer shall, (a) open an account or accounts in the name of the County at such place of deposit as may be approved by the County Council; (b) deposit all money received by him or her on account of the County, and no other money, to the credit of such account or accounts, and no other account; and (c) keep the money of the County entirely separate from his or her own money and from that of any other person, and despite subsection 23 (1), the County Council shall not by by-law or resolution direct any variance from this section, nor shall the treasurer vary from it. R.S.O. 1990, c. C.42, s. 24.
Monthly statement
25. (1) The treasurer shall prepare and submit to the County Council, monthly, a statement of the money at the credit of the County. Notice to sureties (2) Where the treasurer is removed from office or absconds, the County Council shall forthwith give notice to his or her sureties. R.S.O. 1990, c. C.42, s. 25.
Appointment of auditors
26. (1) The County Council shall by by-law appoint for a term of five years or less one or more auditors licensed under the Public Accountancy Act who shall audit the accounts and transactions of the County and of every local board of the County, except school boards. 1991, c. 15, s. 21. Cost of audit (2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the County and charged back to the local board, and, in the event of a dispute as to the amount of the cost, the Ministry may upon application finally determine the amount thereof. Disqualification of auditors (3) No person shall be appointed as an auditor of the County who is or during the preceding year was a member of the County Council or of the council of an area municipality or of any local board, the accounts and transactions of which it would be the auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the County or an area municipality, or any local board, or any employment with any of them other than for services within the auditor’s professional capacity. Duties of auditors (4) An auditor shall perform such duties as are prescribed by the Ministry and also such duties as may be required by the County Council or any local board of the County that do not conflict with the duties prescribed by the Ministry. R.S.O. 1990, c. C.42, s. 26 (2-4).
Deemed municipality
27. The County shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act. R.S.O. 1990, c. C.42, s. 27. PART III   COUNTY ROAD SYSTEM
Definitions
28. In this Part, “approved” means approved by the Minister or of a type approved by the Minister; (“approuvé”) “construction” includes reconstruction; (“construction”) “maintenance” includes repairs; (“entretien”) “Minister” means the Minister of Transportation; (“ministre”) “Ministry” means the Ministry of Transportation; (“ministère”) “road authority” means a body having jurisdiction and control of a highway. (“office de la voirie”) R.S.O. 1990, c. C.42, s. 28.
County road system
29. (1) The county road system as it was constituted on the 31st day of December, 1990, is continued except as it may be altered or amended under this Part. R.S.O. 1990, c. C.42, s. 29 (1). Adding or removing roads (2)The County Council may by by-law add roads to or remove roads from the county road system, including such boundary line roads or portions thereof between the County and an adjoining county or regional municipality or the Town of Norfolk as may be agreed upon between the County Council and the council of the adjoining county or regional municipality or of the Town. 2000, c. 5, s. 10. Transfer of provincial highway to County (3) The Minister may transfer any highway under the jurisdiction and control of the Ministry within the County to the County and the highway shall for all purposes be deemed to be part of the county road system on such date as is designated by the Minister and to have been transferred under section 29 of the Public Transportation and Highway Improvement Act. R.S.O. 1990, c. C.42, s. 29 (3); 1994, c. 27, s. 140 (1). Vesting of roads in County (4) Where a road or part thereof forms part of the county road system, jurisdiction and control and the soil and freehold thereof are vested in the County. R.S.O. 1990, c. C.42, s. 29 (4). Removal of roads from county road system (5) The Minister may remove any road from the county road system. R.S.O. 1990, c. C.42, s. 29 (5); 1994, c. 27, s. 140 (2). Roads removed from system (6) Where a road or a part thereof is removed from the county road system, except by reason of it being stopped-up pursuant to subsection 38 (1), such road or part is thereupon transferred to and the jurisdiction and control and the soil and freehold thereof is thereupon vested in the area municipality in which it is situate, and the area municipality may sue upon any rights or under any agreements or by-laws in the same manner and to the same extent as the County in respect of such road. R.S.O. 1990, c. C.42, s. 29 (6). Status of land acquired for widening county road (7) Despite subsection (10), where the County acquires land for the purpose of widening a county road, the land so acquired, to the extent of the designated widening, forms part of the road and is included in the county road system. R.S.O. 1990, c. C.42, s. 29 (7). Idem (8) When land abutting on a county road is dedicated for, or apparently for, widening the county road, the land so dedicated is part of the county road and the jurisdiction and control and the soil and freehold thereof is vested in the County subject to any rights in the soil reserved by the person who dedicated the land. R.S.O. 1990, c. C.42, s. 29 (8). Consolidating by-law (9) The County Council shall, from time to time, pass a by-law consolidating all by-laws relating to the county road system. R.S.O. 1990, c. C.42, s. 29 (9). (10) Repealed: 1996, c. 33, s. 22. Regulations Act (11) The Regulations Act does not apply to an order in council made under this section. R.S.O. 1990, c. C.42, s. 29 (11).
Plans of construction and maintenance
30. The County Council shall adopt a plan of road construction and maintenance, and from time to time thereafter shall adopt such other plans as may be necessary. R.S.O. 1990, c. C.42, s. 30. 31. Repealed: 1996, c. 33, s. 23. 32. Repealed: 1996, c. 33, s. 23.
Plans of construction and maintenance
31. Repealed: 1996, c. 33, s. 23. 32. Repealed: 1996, c. 33, s. 23.
Plans of construction and maintenance
32. Repealed: 1996, c. 33, s. 23.
Road maintenance
33. (1) The County shall keep every road included in the county road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location. Defence (2) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road’s state of repair. Same (3) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising. Same (4) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises, (a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply, (i) to the road, and (ii) to the alleged default; and (b) those standards have been met. 1996, c. 32, s. 67 (5).
Sidewalks excepted
34. (1) The County is not by reason of a road forming part of the county road system under this Act liable for the construction or maintenance of sidewalks on any road or portion thereof in the county road system, but the area municipality in which such sidewalks are located continues to be liable for the maintenance of such sidewalks and is responsible for any injury or damage arising from the construction or presence of the sidewalks on such road or portion thereof to the same extent and subject to the same limitations to which an area municipality is liable under section 284 of the Municipal Act in respect of a sidewalk on a road over which a council has jurisdiction. Area municipalities may construct sidewalks, etc. (2) An area municipality may construct a sidewalk or other improvement or service on a county road, and the County may contribute to the cost of such sidewalk, improvement or service, but no such work shall be undertaken by an area municipality without first obtaining the approval of the County Council expressed by resolution. How cost provided (3) The cost of any such sidewalk, improvement or service constructed on a county road may be met out of the general funds of the area municipality or the work may be undertaken in whole or in part as a local improvement under the Local Improvement Act. Area municipality to conform to requirements and be responsible for damage (4) An area municipality when constructing such a sidewalk, improvement or service on a county road shall conform to any requirements or conditions imposed by the County Council and is responsible for any injury or damage arising from the construction or presence of the sidewalk, improvement or service on the road. R.S.O. 1990, c. C.42, s. 34.
Installation of traffic control devices
35. (1) The County may construct, install, maintain or remove any works on a highway, other than a road under the jurisdiction and control of the Ministry, including traffic control devices, for the purpose of altering or regulating the flow of traffic upon entering or leaving a road in the county road system. Relocation of intersecting roads (2) The County may relocate, alter or divert any public road, other than a road under the jurisdiction and control of the Ministry, entering or touching upon or giving access to a road in the county road system. Idem (3) Where, in relocating, altering or diverting a public road under subsection (2), the County constructs a new road in lieu of the public road, the County may close the public road at the point of intersection with the county road and may, by by-law vest the new road and the soil and freehold and jurisdiction and control thereof in the area municipality in which it is situate. Construction of sidewalk, etc., on area municipality road (4) Where the County constructs a sidewalk, improvement or service on a road under the jurisdiction and control of an area municipality, the area municipality may contribute to the cost of such sidewalk, improvement or service and the work may be undertaken in whole or in part under the Local Improvement Act. R.S.O. 1990, c. C.42, s. 35.
Intersection of other roads by county road
36. Where a county road intersects a road that is under the jurisdiction and control of an area municipality, the continuation of the county road to its full width across the road so intersected is a part of the county road system. R.S.O. 1990, c. C.42, s. 36.
New roads
37. The County Council may pass by-laws for establishing and laying out new roads and adding such new roads to the county road system, and the provisions of the Municipal Act with respect to the establishment and laying out of highways by municipalities apply with necessary modifications. R.S.O. 1990, c. C.42, s. 37.
Powers and liabilities of County
38. (1) With respect to the roads in the county road system and the regulation of traffic thereon, the County has all the powers conferred, and is subject to all the liabilities imposed, upon the council or corporation of a city by the Municipal Act, the Highway Traffic Act and any other Act with respect to highways. Establishment of bus lanes, etc. (2) The County Council may by by-law designate any lane on any road over which it has jurisdiction as a lane solely or principally for use by public transit motor vehicles, taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law, and prohibit or regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified in the by-law. Definition (3) For the purposes of subsection (2), “public transit motor vehicle” means a motor vehicle owned and operated by, for or on behalf of the County or any other municipality, including a metropolitan or regional municipality, as part of its passenger transportation service and such other class or classes of motor vehicles operated in connection with the provision of a passenger transportation service as may be specified in the by-law. R.S.O. 1990, c. C.42, s. 38.
Erection of gasoline pump and advertising device near county road
39. (1) The County Council may by by-law prohibit or regulate the placing or erecting of, (a) any gasoline pump within forty-five metres of any limit of a county road; (b) any sign, notice or advertising device within 400 metres of any limit of a county road. Permits (2) A by-law passed under this section may provide for the issuing of permits for the placing or erecting of any gasoline pump, sign, notice or advertising device and may prescribe the form, terms and conditions thereof and the fees to be paid therefor. R.S.O. 1990, c. C.42, s. 39.
By-laws of area municipalities regulating traffic
40. (1) No by-law passed by an area municipality for the regulation of traffic on a highway under the jurisdiction and control of the area municipality, except a by-law for the regulation of parking, shall come into force until it has been approved by the County Council. County Council may approve by-law in whole or in part (2) A by-law submitted for approval of the County Council in compliance with subsection (1) may be approved in whole or in part and, where part only of a by-law is approved, that part only shall become operative. Withdrawal of approval (3) The County Council may withdraw its approval to any by-law or any part thereof by notice sent by registered mail to the clerk of the area municipality and such by-law or part thereof shall be deemed to be repealed twenty-one days after the sending of the notice. Signal-light devices (4) All signal-light traffic control devices heretofore or hereafter erected on a highway under the jurisdiction and control of an area municipality shall be operated, or erected and operated, in the manner prescribed by by-law of the County Council, and the County Council may delegate any of its powers in respect of the operation of such devices to an officer of the County designated in the by-law. Contribution toward cost of signal-light (5) The County may contribute toward the cost of the erection of signal-light traffic control devices erected by an area municipality. Traffic control within thirty metres of county roads (6) Subject to the Highway Traffic Act, the County Council may pass by-laws to regulate traffic on any highway under the jurisdiction and control of an area municipality for a distance of thirty metres on either side of the limit of a county road and where there is any conflict between such a by-law and a by-law of an area municipality, the by-law passed under this subsection prevails to the extent of such conflict. R.S.O. 1990, c. C.42, s. 40.
Agreements for pedestrian walks
41. The County Council may by by-law authorize agreements between the County and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highways upon such terms and conditions as may be agreed and for contributing to the whole or any part of the cost thereof, and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such considerations and upon such terms and conditions as may be agreed. R.S.O. 1990, c. C.42, s. 41.
Disputes as to maintenance, etc., of bridges and highways
42. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the County and an adjoining municipality where such bridge or highway is included in the county road system and in the road system of the municipality. Idem (2) Where there is a difference between the County Council and the council of a municipality in respect of any such bridge or highway as to the corporation upon which the obligation rests for the constructing or maintaining of the bridge or highway, or as to the proportions in which the corporations should respectively contribute thereto, or where the County Council and the council of the municipality are unable to agree as to any action, matter or thing to be taken or done in respect of such bridge or highway, every such difference shall be determined by the Municipal Board upon an application by the County or the corporation of the municipality. Hearing by O.M.B. (3) The Municipal Board shall appoint a day for the hearing of the application, of which ten days notice in writing shall be given to the clerk of each municipality and of the County, and shall, at the time and place appointed, hear and determine all matters in difference between the municipalities, in regard to such bridge or highway, and the Municipal Board may make such order with respect to the same as it may consider just and proper, and may by the order fix and determine the amount or proportion that each municipality shall pay or contribute toward the building and maintaining of such bridge or highway. Term of order (4) An order made by the Municipal Board under this section is binding upon the municipalities for such period as the Municipal Board may determine, and is final and conclusive. R.S.O. 1990, c. C.42, s. 42.
Boundary bridges between area municipalities
43. Subsection 265 (1) of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between area municipalities, and the councils of the area municipalities on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the county road system. R.S.O. 1990, c. C.42, s. 43.
Boundary bridges between County and adjoining municipalities
44. Section 276 of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between the County and an adjoining municipality, and the councils of the area municipality and the adjoining local municipality on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the county road system. R.S.O. 1990, c. C.42, s. 44.
Restrictions
45. (1) The County Council has, with respect to all land lying within a distance of forty-five metres from any limit of a county road, all the powers conferred on the council of a local municipality by section 34 of the Planning Act. Conflict with local by-laws (2) In the event of conflict between a by-law passed under subsection (1) by the County Council and a by-law passed under section 34 of the Planning Act or a predecessor of that section by the council of a local municipality that is in force in the area municipality in which the land is situate, the by-law passed by the County Council prevails to the extent of the conflict. R.S.O. 1990, c. C.42, s. 45.
Controlled-access roads
46. (1) The County Council may by by-law designate any road in the county road system, or any portion thereof, as a controlled-access road. Closing municipal roads (2) Subject to the approval of the Municipal Board, the County Council may by by-law close any municipal road that intersects or runs into a county controlled-access road. Notice of application for approval for closing road (3) The Municipal Board may direct that notice of any application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons as the Municipal Board may determine, and may further direct that particulars of objections to the closing shall be filed with the Municipal Board and the County within such time as the Municipal Board shall direct. Order of O.M.B. (4) Upon the hearing of the application for approval of the closing of a road, the Municipal Board may make such order as it considers proper refusing its approval or granting its approval upon such terms and conditions as it considers proper, and any order of the Municipal Board approving of the closing of a road may contain provisions, (a) determining the portion or portions of the road that shall be closed; (b) providing for the payment of the costs of any person appearing on the application and fixing the amount of the costs; and (c) providing for the doing of such other acts as in the circumstances it considers proper. Closing road (5) Upon the approval of the Municipal Board being so obtained but subject to the order of the Municipal Board made on the application for the approval the County may do all such acts as may be necessary to close the road in respect of which the application is made. Appeal (6) The County, or any person including an area municipality, that has filed particulars of an objection may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (4). Time for appeal (7) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Municipal Board subject to the rules of the court as to vacations. Leave to appeal (8) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court may consider just. Practice and procedure on appeal (9) The practice and procedure as to the appeal and matters incidental thereto shall be in accordance with the rules of court and the decision of the Divisional Court is final. Procedure (10) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. C.42, s. 46.
Private roads, etc., opening upon county controlled-access road
47. The County Council may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, structure or facility as a means of access to a county controlled-access road. R.S.O. 1990, c. C.42, s. 47.
Notice
48. (1) The County may give notice to the owner of any land requiring the owner to close up any private road, entranceway, structure or facility constructed or used as a means of access to a county controlled-access road in contravention of a by-law passed under section 47. Service of notice (2) Every notice given under subsection (1) shall be in writing and shall be served personally or by registered mail, and in the case of service by registered mail shall be deemed to have been received on the fifth day following the mailing thereof. Failure to comply with notice (3) Where the person to whom notice is given under subsection (1) fails to comply with the notice within thirty days after its receipt, the County Council may by resolution direct any officer, employee or agent of the County to enter upon the land of such person and do or cause to be done whatever may be necessary to close up the private road, entranceway, structure or facility as required by the notice. Offence (4) Every person who fails to comply with a notice given under subsection (1) is guilty of an offence. Compensation (5) Where a notice given under subsection (1) has been complied with, no compensation is payable to the owner of the land unless the private road, entranceway, structure or facility constructed or used as a means of access to a controlled-access road designated under subsection 46 (1) was constructed or used, as the case may be, (a) before the day on which the by-law designating the road as a controlled-access road became effective; or (b) in compliance with a by-law passed under section 47, in which case the making of compensation is subject to any provisions of such by-law. R.S.O. 1990, c. C.42, s. 48.
County liability where road forms part of system
49. (1) Subject to subsection (2), no area municipality shall have any right to compensation or damages for any road forming part of the county road system. Idem (2) Where a road forms part of the county road system, 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 such road, 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 (3) Where the County fails to make any payment required by subsection (2), 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 that date until payment is made. Settling of doubts (4) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt in respect of the road forming part of the county road system, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. C.42, s. 49.
Stopping-up highways
50. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall so notify the County by registered mail or personal service. R.S.O. 1990, c. C.42, s. 50 (1); 1991, c. 15, s. 22 (1). Agreement (2) If the County objects to such stopping up, it shall notify the council of the area municipality by registered mail or personal service within sixty days of the receipt of the notice required under subsection (1) and the highway or part thereof shall not be stopped-up except by agreement between the area municipality and the County Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. C.42, s. 50 (2); 1991, c. 15, s. 22 (2).
County road superintendent
51. Section 46 of the Public Transportation and Highway Improvement Act does not apply to the County. R.S.O. 1990, c. C.42, s. 51; 1996, c. 33, s. 24.
Application
52. Sections 102, 104 and 107 of the Public Transportation and Highway Improvement Act apply with necessary modifications with respect to any road in the county road system. R.S.O. 1990, c. C.42, s. 52; 1996, c. 33, s. 25. PART IV   MUNICIPAL HYDRO-ELECTRIC SERVICE
Definitions
53. In this Part, “electrical service area” means an area supplied with retail power by a commission referred to in section 54; (“secteur de services d’électricité”) “hydro-electric commission” means, (a) a hydro-electric commission or public utility commission or public utilities commission entrusted with the control and management of works for the retail supply of power and continued or deemed to be continued under Part III of the Public Utilities Act, and (b) a committee of the council of a municipality entrusted with the control and management of works for the retail supply of power on the 31st day of December, 1974; (“commission hydroélectrique”) “power” means electrical power and includes electrical energy. (“électricité”) R.S.O. 1990, c. C.42, s. 53.