jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Act, “area municipality” means the municipality or corporation of the Town of Bracebridge, the Township of Georgian Bay, the Town of Gravenhurst, the Town of Huntsville, the Township of Lake of Bays and the Township of Muskoka Lakes, 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”) “chair” means the chair of the District Council; (“président”) “debt” includes any obligation for the payment of money; (“dette”) “District Area” means the area from time to time included within the area municipalities; (“secteur de district”) “District Corporation” means The District Municipality of Muskoka; (“municipalité de district”) “District Council” means the council of the District Corporation; (“conseil de district”) “district road” means a road forming part of the district road system continued under Part V; (“route de district”) “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 the District Corporation or of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”) “local municipality” means in the year 1970 a local municipality and a geographic township in the District Area and the portion of the geographic township of Finlayson included in the District Area; (“municipalité locale”) “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, other than a by-law passed under section 86; (“règlement municipal de finance”) “Municipal Board” means the Ontario Municipal Board. (“Commission des affaires municipales”)  R.S.O. 1990, c. D.14, s. 1. PART I   AREA MUNICIPALITIES
Area municipalities continued
 2. The area municipalities are continued with the same names, status and boundaries as they had on the 31st day of December, 1990.  R.S.O. 1990, c. D.14, s. 2.
Alteration in 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.  R.S.O. 1990, c. D.14, s. 3 (1). Application of Municipal Act (2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply with necessary modifications and any special Act that applied to the area municipality prior to the alteration of its status continues to apply to it subsequent thereto.  R.S.O. 1990, c. D.14, s. 3 (2). 4. Repealed:  1996, c. 32, s. 69 (1). PART II   INCORPORATION AND COUNCIL OF DISTRICT AREA
Application of Municipal Act
 4. Repealed:  1996, c. 32, s. 69 (1). PART II   INCORPORATION AND COUNCIL OF DISTRICT AREA
District Corporation continued
 5. (1) The inhabitants of the District Area are continued as a body corporate under the name of The District Municipality of Muskoka in English and la municipalité de district de Muskoka in French.  R.S.O. 1990, c. D.14, s. 5 (1). Deemed municipality (2) The District Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act.  R.S.O. 1990, c. D.14, s. 5 (2). Registry and land titles divisions not affected (3) Nothing in this Act shall be deemed to alter the boundaries of any registry or land titles division.  R.S.O. 1990, c. D.14, s. 5 (3).
District Council to exercise corporate powers
 6. (1) The powers of the District Corporation shall be exercised by the District Council and, except where otherwise provided, the jurisdiction of the District Council is confined to the District Area.  R.S.O. 1990, c. D.14, s. 6 (1). Powers exercised by by-law (2) Except where otherwise provided, the powers of the District Council shall be exercised by by-law.  R.S.O. 1990, c. D.14, s. 6 (2). Not to be quashed as unreasonable (3) A by-law passed by the District 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 supposed unreasonableness of its provisions or any of them.  R.S.O. 1990, c. D.14, s. 6 (3).
Notice of inquiry by Minister
 7. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the District Corporation, the Minister may give the Municipal Board a written notice of the inquiry.  1996, c. 32, s. 69 (2). 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. 69 (2).
Election of chair
 8. (1) At the first meeting of the District Council after a regular election at which a quorum is present, the District Council shall organize as a council and elect as chair one of the members of the District Council, or any other person, to hold office for the term of the council and until his or her successor is appointed or elected in accordance with this Act.  1992, c. 15, s. 20. Idem (2) At the first meeting, the clerk shall preside until the chair is elected.  1992, c. 15, s. 20. Special case (3) If a member of the council of an area municipality becomes chair, the member shall be deemed to have resigned as a member of that council, and the member’s seat on the council thereby becomes vacant.  1992, c. 15, s. 20. Failure to elect chair (4) If a chair is not elected at the first meeting, the presiding officer may adjourn the meeting.  1992, c. 15, s. 20. Appointment (5) If a chair is not elected at a subsequent meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a chair to hold office for the term of the council and until the chair’s successor is elected or appointed in accordance with this Act.  1992, c. 15, s. 20. 9. Repealed: 
1992, c. 15, s. 20.
Appointment
 9. Repealed: 
1992, c. 15, s. 20.
First meeting of area councils
 10. (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. D.14, s. 10 (1). First meeting (2) The first meeting of the District Council after a regular election shall be held not later than the fourteenth day following the day that the term of office for which the election was held commences.  1994, c. 23, s. 84. Certificate of qualification (3) Where a person is elected or appointed to represent an area municipality as a member of the District 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 District Corporation the name of each person who has been so elected or appointed.  R.S.O. 1990, c. D.14, s. 10 (3). Declaration of members (4) A person entitled to be a member of the District Council in accordance with section 7 shall not take a seat as a member of the District Council until the clerk of the District Corporation has received the certificate referred to in subsection (3) and the person has made the declaration of office in Form 3 of the Municipal Act.  R.S.O. 1990, c. D.14, s. 10 (4). Exception (5) Subsections (3) and (4) do not apply to a person with respect to whom a certificate has been received by the clerk of the District Corporation under subsection 8 (4) if the person has complied with subsection 8 (6).  R.S.O. 1990, c. D.14, s. 10 (5). When chair may preside (6) The chair shall not preside at a meeting of the District Council unless the chair has taken an oath of allegiance in Form 1 and made a declaration of qualification in Form 2.  R.S.O. 1990, c. D.14, s. 10 (6).
Quorum voting
 11. (1) Twelve members of the District Council representing at least 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.  R.S.O. 1990, c. D.14, s. 11 (1). One vote (2) Subject to subsection (3), each member of the District Council has one vote only.  R.S.O. 1990, c. D.14, s. 11 (2). Chair vote (3) The chair does not have a vote except in the event of an equality of votes.  R.S.O. 1990, c. D.14, s. 11 (3). Quorum if size and composition changed (4) Despite the quorum rule in subsection (1), if a by-law passed by the District Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.  1996, c. 32, s. 69 (3). By-law re quorum (5) Despite subsection (4), the District 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. 69 (3).
Committees
 13. The District 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. D.14, s. 13.
Conduct of members
 14. The District Council may pass by-laws governing the conduct of its members.  1994, c. 23, s. 85.
Head of Council
 15. (1) The chair is the head of the District Council and is the chief executive officer of the District Corporation.  R.S.O. 1990, c. D.14, s. 15 (1). Chief administrative officer (2) The District 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 District Corporation and perform such duties as the District 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. 21. (d) shall receive such salary as the District Council by by-law determines.  R.S.O. 1990, c. D.14, s. 15 (2); 1992, c. 15, s. 21. (3) Repealed:  1991, c. 15, s. 7.
Acting chair
 16. (1) When the chair is absent or refuses to act, or the office of chair is vacant, the District Council may by resolution appoint one of its members to act in the place and stead of the chair and, while so acting, such member has and may exercise all the rights, powers and authority of the chair.  R.S.O. 1990, c. D.14, s. 16 (1). Idem (2) The District Council may by by-law appoint a member of the District Council to act from time to time in the place and stead of the chair when the chair is absent from the District Area or absent through illness or the chair’s office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the chair.  R.S.O. 1990, c. D.14, s. 16 (2).
Application of Municipal Act
 17. (1) Sections 57, 58, 59, 61, 127, 134, 135, 136, 137, 138 and 251 of the Municipal Act apply with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 17 (1). Idem (2) Sections 55, 62 and 106 of the Municipal Act apply with necessary modifications to the District Council and to every local board of the District Corporation.  R.S.O. 1990, c. D.14, s. 17 (2). Idem (3) Sections 242, 243, 244 to 248, 249, 251, 252 and 254 of the Municipal Act apply with necessary modifications to the District Council.  R.S.O. 1990, c. D.14, s. 17 (3).
Appointment of clerk
 18. (1) The District 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 District 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 District Council and its committees; and (d) to perform such other duties as may be assigned by the District Council.  R.S.O. 1990, c. D.14, s. 18 (1). Deputy clerk (2) The District Council may appoint a deputy clerk who shall have all the powers and duties of the clerk.  R.S.O. 1990, c. D.14, s. 18 (2). 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 District Council may appoint a temporary acting clerk who shall have the powers and duties of the clerk.  R.S.O. 1990, c. D.14, s. 18 (3).
Inspection and copying of minutes, etc.
 19. (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 18 and the minutes and proceedings of any committee of the District 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 District Corporation, to any applicant on payment at such rate as the District Council may by by-law establish.  R.S.O. 1990, c. D.14, s. 19 (1); 1992, c. 15, s. 22. 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 District Council that affect land or the use thereof in the District Area but do not directly affect the title to land.  R.S.O. 1990, c. D.14, s. 19 (2). 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 District Corporation, 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. D.14, s. 19 (3).
Appointment of treasurer
 20. (1) The District Council shall appoint a treasurer who shall keep the books, records and accounts and prepare the annual financial statements of the District Corporation and preserve and file all accounts of the District Corporation and perform such other duties as may be assigned by the District Council.  R.S.O. 1990, c. D.14, s. 20 (1). Deputy treasurer (2) The District Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer.  R.S.O. 1990, c. D.14, s. 20 (2). 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 District Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer.  R.S.O. 1990, c. D.14, s. 20 (3).
Receipt and disbursement of money
 21. (1) The treasurer shall receive and safely keep all money of the District Corporation, 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 District 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 District Council.  R.S.O. 1990, c. D.14, s. 21 (1). Signing of cheques (2) Despite subsection (1), the District 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.  R.S.O. 1990, c. D.14, s. 21 (2). Petty cash fund (3) The District 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.  R.S.O. 1990, c. D.14, s. 21 (3). 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 District Council, unless another disposition of it is expressly provided for by statute.  R.S.O. 1990, c. D.14, s. 21 (4).
Bank accounts
 22. Subject to subsection 21 (3), the treasurer shall, (a) open an account or accounts in the name of the District Corporation at such place of deposit as may be approved by the District Council; (b) deposit all money received by him or her on account of the District Corporation, and no other money, to the credit of such account or accounts, and no other account; and (c) keep the money of the District Corporation entirely separate from his or her own money and from that of any other person, and, despite subsection 21 (1), the District Council shall not by by-law or resolution direct any variance from the provisions of this section, nor shall the treasurer vary from such provisions.  R.S.O. 1990, c. D.14, s. 22.
Monthly statement
 23. (1) The treasurer shall prepare and submit to the District Council, monthly, a statement of the money at the credit of the District Corporation.  R.S.O. 1990, c. D.14, s. 23 (1). Notice to sureties (2) Where the treasurer is removed from office or absconds, the District Council shall forthwith give notice to his or her sureties.  R.S.O. 1990, c. D.14, s. 23 (2).
Appointment of auditors
 24. (1) The District 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 District Corporation and of every local board of the District Corporation.  1991, c. 15, s. 8. Cost of audit (2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the District Corporation 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.  R.S.O. 1990, c. D.14, s. 24 (2). Disqualification of auditors (3) No person shall be appointed as an auditor of the District Corporation who is or during the preceding year was a member of the District Council or of the council of an area municipality or of any local board, the accounts and transactions of which it would be an auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the District Corporation or an area municipality or any such local board, or any employment with any of them other than for services within his or her professional capacity.  R.S.O. 1990, c. D.14, s. 24 (3). 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 District Council or any local board of the District Corporation that do not conflict with the duties prescribed by the Ministry.  R.S.O. 1990, c. D.14, s. 24 (4). Audit of accounts before payment (5) The District Council may provide that all accounts shall be audited before payment.  R.S.O. 1990, c. D.14, s. 24 (5).
Application of Municipal Act
 25. (1) Sections 82, 83, 88, 90, 91, 92 and 94, subsections 96 (1), (4) and (5), sections 98, 108 and 117 and paragraphs 45, 46, 47, 48 and 49 of section 207 of the
Municipal Act apply with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 25 (1); 1991, c. 15, s. 9. Application of Ontario Municipal Employees Retirement System Act (2) The District Corporation shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act.  R.S.O. 1990, c. D.14, s. 25 (2). PART III   DISTRICT WATERWORKS 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 repair; (“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. D.14, s. 28.
District road system
 29. (1) The district 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. D.14, s. 29 (1). Adding or removing roads by by-law (2) The District Council may by by-law from time to time add roads to or remove roads from the district road system, including such boundary line roads or portions thereof between the District Area and an adjoining municipality as may be agreed upon between the District Council and the council of the adjoining municipality.  R.S.O. 1990, c. D.14, s. 29 (2). Transfer of provincial highway to District Corporation (3) The Minister may transfer any highway under the jurisdiction and control of the Ministry within the District Area to the District Corporation and the highway shall for all purposes be deemed to be part of the district 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. D.14, s. 29 (3); 1994, c. 27, s. 141 (1). Vesting of roads in District Corporation (4) Every road or part thereof that forms part of the district road system and the jurisdiction and control and the soil and freehold thereof are vested in the District Corporation.  R.S.O. 1990, c. D.14, s. 29 (4). Removal of roads from the district road system (5) The Minister may remove any road from the district road system.  R.S.O. 1990, c. D.14, s. 29 (5); 1994, c. 27, s. 141 (2). Roads removed from district road system (6) Where a road or a part thereof is removed from the district road system, except by reason of it being stopped-up pursuant to section 39, 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 District Corporation in respect of such road.  R.S.O. 1990, c. D.14, s. 29 (6). Status of land acquired for widening district road (7) Despite subsection (9), where the District Corporation acquires land for the purpose of widening a district road, the land so acquired, to the extent of the designated widening, forms part of the road and is included in the district road system.  R.S.O. 1990, c. D.14, s. 29 (7). Consolidating by-laws (8) The District Council shall from time to time pass a by-law consolidating all by-laws relating to the district road system.  R.S.O. 1990, c. D.14, s. 29 (8). (9) Repealed:  1996, c. 33, s. 26.
Plan of construction and maintenance
 30. The District 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. D.14, s. 30. 31. Repealed:  1996, c. 33, s. 27. 32. Repealed:  1996, c. 33, s. 27.
Plan of construction and maintenance
 31. Repealed:  1996, c. 33, s. 27. 32. Repealed:  1996, c. 33, s. 27.
Plan of construction and maintenance
  32. Repealed:  1996, c. 33, s. 27.
Road maintenance
 33. (1) The District Corporation shall keep every road included in the district road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location.  1996, c. 32, s. 69 (4). Expenditures (2) In all cases the Minister of Transportation shall determine the amount of expenditure that is properly chargeable to road improvement, and his or her decision is final.  1996, c. 32, s. 69 (4). Defence (3) The District Corporation 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.  1996, c. 32, s. 69 (4). Same (4) The District Corporation 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.  1996, c. 32, s. 69 (4). Same (5) The District Corporation 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. 69 (4).
Sidewalks excepted
 34. (1) The District Corporation is not by reason of a road forming part of the district road system under this Act liable for the construction or maintenance of sidewalks on any road or portion thereof in the district 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.  R.S.O. 1990, c. D.14, s. 34 (1). Area municipalities may construct sidewalks, etc. (2) An area municipality may construct a sidewalk, storm sewer or other improvement or service on a district road, and the District Corporation may contribute to the cost of such sidewalk, storm sewer, improvement or service, but no such work shall be undertaken by an area municipality without first obtaining the approval of the District Council expressed by resolution.  R.S.O. 1990, c. D.14, s. 34 (2). How cost provided (3) The cost of any such sidewalk, storm sewer, improvement or service constructed on a district 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.  R.S.O. 1990, c. D.14, s. 34 (3). Area municipalities to conform to requirements and be responsible for damages (4) An area municipality when constructing such a sidewalk, storm sewer, improvement or service on a district road shall conform to any requirements or conditions imposed by the District 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. D.14, s. 34 (4). (5) Repealed:  1996, c. 33, s. 27.
Installation of traffic control devices
 35. (1) The District Corporation 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 district road system.  R.S.O. 1990, c. D.14, s. 35 (1). Relocation of intersecting roads (2) The District Corporation 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 district road system.  R.S.O. 1990, c. D.14, s. 35 (2). Idem (3) Where, in relocating, altering or diverting a public road under subsection (2), the District Corporation constructs a new road in lieu of the public road, the District Corporation may close the public road at the point of intersection with the district road and may vest the new road and the soil and freehold and jurisdiction and control thereof in the area municipality in which it is situate.  R.S.O. 1990, c. D.14, s. 35 (3). Construction of storm sewer, etc., on area municipality road (4) Where the District Corporation constructs a sidewalk, storm sewer, 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, storm sewer, improvement or service and the work may be undertaken in whole or in part under the Local Improvement Act.  R.S.O. 1990, c. D.14, s. 35 (4).
Intersection of other roads by district roads
 36. Where a district road intersects a road that is under the jurisdiction and control of an area municipality, the continuation of the district road to its full width across the road so intersected is a part of the district road system.  R.S.O. 1990, c. D.14, s. 36.
Dedication of lands abutting district roads for widening purposes
 37. When land abutting on a district road is dedicated for, or apparently for, widening the district road, the land so dedicated is part of the district road and the jurisdiction and control and the soil and freehold thereof is vested in the District Corporation subject to any rights in the soil reserved by the person who dedicated the land.  R.S.O. 1990, c. D.14, s. 37.
New roads
 38. The District Council may pass by-laws for establishing and laying out new roads and adding such new roads to the district 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. D.14, s. 38.
Powers and liabilities of District Corporation
 39. (1) With respect to the roads in the district road system and the regulation of traffic thereon, the District Corporation 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.  R.S.O. 1990, c. D.14, s. 39 (1). Establishment of bus lanes, etc. (2) The District Council may by by-law designate any lane on any road over which the Council has jurisdiction as a lane solely or principally for use by public transit motor vehicles, or any class or classes thereof as may be defined in the by-law, and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law and prohibit and regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified.  R.S.O. 1990, c. D.14, s. 39 (2). Definition (3) For the purposes of subsection (2), “public transit motor vehicle” means any motor vehicle operated by, for or on behalf of the District Corporation or any other municipality, including a metropolitan or regional municipality, or by a transit commission, in connection with a regular passenger transportation service and includes such other motor vehicles operated in connection with a regular passenger transportation service as may be specified in the by-law.  R.S.O. 1990, c. D.14, s. 39 (3).
Erection of gasoline pump and advertising device near district road
 40. (1) The District 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 district road; and (b) any sign, notice or advertising device within 400 metres of any limit of a district road.  R.S.O. 1990, c. D.14, s. 40 (1). 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. D.14, s. 40 (2).
By-laws of area municipalities regulating traffic
 41. (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 resolution of the District Council.  R.S.O. 1990, c. D.14, s. 41 (1). District Council may approve by-law in whole or in part (2) A by-law submitted for approval of the District 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.  R.S.O. 1990, c. D.14, s. 41 (2). Withdrawal of approval (3) The District 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.  R.S.O. 1990, c. D.14, s. 41 (3). 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 District Council, and the District Council may delegate any of its powers in respect of the operation of such devices to an officer of the District Corporation designated in the by-law.  R.S.O. 1990, c. D.14, s. 41 (4). Contribution toward cost of signal-lights (5) The District Corporation may contribute towards the cost of the erection of signal-light traffic control devices erected by an area municipality.  R.S.O. 1990, c. D.14, s. 41 (5). Traffic control within thirty metres of district roads (6) Subject to the Highway Traffic Act, the District 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 district 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. D.14, s. 41 (6).
Agreement for pedestrian walks
 42. The District Council may by by-law authorize agreements between the District Corporation 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 highway 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. D.14, s. 42.
Disputes as to maintenance, etc., of bridges and highways
 43. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the District Area and an adjoining municipality where such bridge or highway is included in the district road system and in the road system of the municipality.  R.S.O. 1990, c. D.14, s. 43 (1). Idem (2) When there is a difference between the District 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 District 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 District Corporation or the corporation of the municipality.  R.S.O. 1990, c. D.14, s. 43 (2). 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 District Corporation, 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 towards the building and maintaining of such bridge or highway.  R.S.O. 1990, c. D.14, s. 43 (3). 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. D.14, s. 43 (4).
Boundary bridges between area municipalities
 44. 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 district road system.  R.S.O. 1990, c. D.14, s. 44.
Boundary bridges between District Area and adjoining municipality
 45. 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 District Area 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 district road system.  R.S.O. 1990, c. D.14, s. 45.
Restrictions
 46. (1) The District Council has, with respect to all land lying within a distance of forty-five metres from any limit of a district road, all the powers conferred on the council of a local municipality by section 40 of the Planning Act.  R.S.O. 1990, c. D.14, s. 46 (1). Conflict with local by-law (2) In the event of conflict between a by-law passed under subsection (1) by the District Council and a by-law passed under section 40 of the Planning Act or a predecessor of such 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 District Council prevails to the extent of such conflict.  R.S.O. 1990, c. D.14, s. 46 (2).
Private roads, etc., opening upon controlled-access roads
 48. (1) The District 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 district controlled-access road.  R.S.O. 1990, c. D.14, s. 48 (1). Notice (2) The District Corporation 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 district controlled-access road in contravention of a by-law passed under subsection (1).  R.S.O. 1990, c. D.14, s. 48 (2). Service of notice (3) Every notice given under subsection (2) 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 second day following the mailing thereof.  R.S.O. 1990, c. D.14, s. 48 (3). Failure to comply with notice (4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the District Council may by resolution direct any officer, employee or agent of the District Corporation 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.  R.S.O. 1990, c. D.14, s. 48 (4). Offence (5) Every person who fails to comply with a notice given under subsection (2) is guilty of an offence.  R.S.O. 1990, c. D.14, s. 48 (5). Compensation (6) Where a notice given under subsection (2) 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 district controlled-access road was constructed or used, as the case may be, (a) before the day on which the by-law designating the road as a district controlled-access road became effective; or (b) in compliance with a by-law passed under subsection (1), in which case the making of compensation is subject to any provisions of such by-law.  R.S.O. 1990, c. D.14, s. 48 (6).
District Corporation liability when road added
 49. (1) Where the District Corporation adds to the district road system any road in an area municipality, no compensation or damages shall be payable to the area municipality in which it was vested.  R.S.O. 1990, c. D.14, s. 49 (1). Idem (2) Where a road has been added to the district road system by a by-law passed under subsection 29 (2), the District Corporation 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 District Corporation 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.  R.S.O. 1990, c. D.14, s. 49 (2). Default (3) If the District Corporation fails to make any payment on or before the due date required by subsection (2), the area municipality may charge the District Corporation interest at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made.  R.S.O. 1990, c. D.14, s. 49 (3). 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 added to the district road system, the Municipal Board, upon application, may determine the matter and its decision is final.  R.S.O. 1990, c. D.14, s. 49 (4).
Stopping up highways
 50. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall notify by registered mail or personal service the District Corporation of its intention.  R.S.O. 1990, c. D.14, s. 50 (1); 1991, c. 15, s. 10 (1). Agreement (2) If the District Council 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 District Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final.  R.S.O. 1990, c. D.14, s. 50 (2); 1991, c. 15, s. 10 (2). Approval required to intersect district road (3) No area municipality shall open up, establish or assume for public use any highway which intersects with or enters upon any highway in the district road system without the prior written approval of the District Corporation.  R.S.O. 1990, c. D.14, s. 50 (3).
Application of Public Transportation and Highway Improvement Act
 51. Sections 101 and 111 of the Public Transportation and Highway Improvement Act apply with necessary modifications with respect to any road in the district road system.  R.S.O. 1990, c. D.14, s. 51; 1996, c. 33, s. 28. PART VI   PLANNING
Processing of District Plan amendments
 52. Where an amendment to the official plan of the District Area has been submitted to the Minister for approval and the amendment or a part thereof is not approved before the 27th day of February, 1989, the Minister or the Municipal Board, on a referral thereto, may, without any further requirement, continue to deal with the amendment or the part thereof under the Planning Act
and in so doing, may allocate the amendment or the part thereof to form part of such official plan as is considered appropriate.  R.S.O. 1990, c. D.14, s. 52.
Official plan for District Area
 53. The District Council shall continue to maintain in force with such amendments or revisions as it deems appropriate an official plan for the District Area.  R.S.O. 1990, c. D.14, s. 53. PART VII   HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
 54. The District Corporation 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. D.14, s. 54.
District Area part of Muskoka-Parry Sound Health Unit
 55. The District Area continues to be part of the health unit established under The Public Health Act, being chapter 377 of the Revised Statutes of Ontario, 1970, known as the Muskoka-Parry Sound Health Unit.  R.S.O. 1990, c. D.14, s. 55.
Representation on board of health
 56. The representation of the District Area on the board of health of the Muskoka-Parry Sound Health Unit shall comprise one member of the council of each area municipality, who is also a member of the District Council, appointed by the District Council.  R.S.O. 1990, c. D.14, s. 56.
District Corporation deemed city under certain Acts
 57. (1) For the purposes of the following Acts, the District Corporation 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.  R.S.O. 1990, c. D.14, s. 57 (1). District Corporation deemed county under certain Acts (2) For the purposes of the following Acts, the District Corporation shall be deemed to be a county and no area municipality shall be deemed to be a municipality: 1.  Day Nurseries Act. 2.  General Welfare Assistance Act. 3.  Homemakers and Nurses Services Act.  R.S.O. 1990, c. D.14, s. 57 (2).
Liability respecting homes for the aged
 58. (1) The District Corporation shall be deemed to be a county for the purposes of the Homes for the Aged and Rest Homes Act, and no area municipality has any authority as to the establishment, erection and maintenance of a home for the aged under such Act.  R.S.O. 1990, c. D.14, s. 58 (1). Revenues and expenditures (2) The revenues and expenditures of a home maintained by the District Corporation under the Homes for the Aged and Rest Homes Act may be included in the general revenues and expenditures of the District Corporation and the District Corporation shall not be required to maintain a separate bank account in relation thereto.  R.S.O. 1990, c. D.14, s. 58 (2).
Residents of Nipissing Home for the Aged
 59. The District Corporation shall pay to the Board of Management of Nipissing Home for the Aged the cost of maintenance in the Nipissing Home for the Aged of every resident of that home who was admitted thereto due to residence in an area that becomes part of any area municipality.  R.S.O. 1990, c. D.14, s. 59.
Amount of maintenance payment
 60. The amount payable by the District Corporation under section 59 shall be such as may be agreed upon or, failing agreement, as may be determined by the Municipal Board.  R.S.O. 1990, c. D.14, s. 60.
Area municipality not municipality under Child and Family Services Act
 61. 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. D.14, s. 61.