jswizzle3737/ontario_laws_and_regs huggingface dataset:
Open meetings
55.(1)In this section, “committee” means any advisory or other committee, subcommittee or similar entity composed of members of one or more councils or local boards; (“comité”) “local board” means a local board as defined in the Municipal Affairs Act, except municipal police services boards, library boards and school boards; (“conseil local”) “meeting” means any regular, special, committee or other meeting of a council or local board. (“réunion”) By-law (2)Every council and local board shall adopt a procedure by-law for governing the calling, place and proceedings of meetings. Open to public (3)Except as provided in this section, all meetings shall be open to the public. Improper conduct (4)The head or other presiding officer may expel any person for improper conduct at a meeting. Closed meetings (5)A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition of land for municipal or local board purposes; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. Other criteria (6)A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is designated as head of the institution for the purposes of that Act. Resolution (7)Before holding a meeting or part of a meeting that is to be closed to the public, a council or local board shall state by resolution, (a) the fact of the holding of the closed meeting; and (b) the general nature of the matter to be considered at the closed meeting. Open meeting (8)Subject to subsection (9), a meeting shall not be closed to the public during the taking of a vote. Exception (9)Despite subsection 61 (2), a meeting may be closed to the public during a vote if, (a) subsection (5) or (6) permits or requires a meeting to be closed to the public; and (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or local board or persons retained by or under contract with the municipality or local board. 1994, c. 23, s. 51.
Quorum
56.(1)A majority of the whole number of members required to constitute a council is necessary to form a quorum. R.S.O. 1990, c. M.45, s. 56 (1). (2)Repealed: 1994, c. 23, s. 52.
Head to preside
57.The head of the council shall preside at all meetings of the council. 1994, c. 23, s. 53.
Special meeting
58.(1)Subject to the procedure by-law enacted under subsection 55(2), the head of the council may at any time summon a special meeting, and upon receipt of the petition of the majority of the members of the council, the clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition. Location (2)If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held. 1994, c. 23, s. 53.
Casual absence of presiding officer
59.If the person who ought to preside at any meeting does not attend within fifteen minutes after the hour appointed, the members present may appoint a presiding officer from among themselves, and he or she has the same authority as the absent person would have had if present. R.S.O. 1990, c. M.45, s. 59.
Head or presiding officer may vote; equality of votes
60.The head of the council, or the presiding officer, except where disqualified to vote by reason of interest or otherwise, may vote with the other members on all questions, and, except where otherwise expressly provided by this Act, any question on which there is an equality of votes shall be deemed to be negatived. R.S.O. 1990, c. M.45, s. 60.
Recorded votes
61.(1)Where a vote is taken for any purpose and a member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly, and any failure to vote by a member who is not disqualified shall be deemed to be a negative vote and the clerk shall record each vote. No vote by ballot (2)No vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. R.S.O. 1990, c. M.45, s. 61.
Adjournment
62.A council may adjourn its meetings from time to time. R.S.O. 1990, c. M.45, s. 62.
Voting of county councillors in committee
63.The council of a county may by by-law provide that a member who in council has an additional vote by virtue of subsection 26 (2) shall as a member of any committee have an additional vote therein. R.S.O. 1990, c. M.45, s. 63. PART V   BOARDS OF CONTROL
In cities of not less than 100,000
64.(1)Subject to subsection (2), in cities having a population of not less than 100,000, there shall be a board of control consisting of the mayor and four controllers to be elected by general vote. City may dispense with board of control (2)The council of a city having a population of not less than 100,000 may, by an affirmative vote of two-thirds of all the members of the council, pass a by-law providing that the city shall not have a board of control. Approval of Municipal Board (3)No by-law passed under subsection (2) shall come into force without the approval of the Municipal Board. R.S.O. 1990, c. M.45, s. 64.
In cities or towns of not less than 45,000 and other local municipalities of not less than 100,000
65.(1)In cities or towns having a population of not less than 45,000 and in other local municipalities having a population of not less than 100,000, the council may, by an affirmative vote of two-thirds of all the members of the council, pass a by-law, (a) where the council, excluding the head of council, reeve and deputy reeve, consists of ten or more members, providing that there shall be a board of control consisting of the head of council and four controllers to be elected by general vote; or (b) where the council, excluding the head of council, reeve and deputy reeve, consists of less than ten members, providing that there shall be a board of control consisting of the head of council and two controllers to be elected by general vote; or (c) where the council of a municipality has passed a by-law or by-laws providing that the council shall consist of ten or more members to be elected at the next election of members of the council, providing that, commencing with the first year in which the enlarged council holds office, there shall be a board of control consisting of the head of council and four controllers to be elected by general vote. Approval of Municipal Board (2)No by-law passed under subsection (1) or a by-law that repeals a by-law passed under subsection (1) comes into force without the approval of the Municipal Board. Composition of council (3)Despite this Act, where the council of a municipality provides that there shall be a board of control in the municipality, the council shall be composed of such members, except a reeve who is not the head of council and a deputy reeve, as are otherwise provided in this Act together with the members of the board of control. County representation (4)For the purpose of representation on county council, (a) in the case of a town, (i) the controller who at the municipal election next preceding the organization of the county council received the highest number of votes shall be deemed to be the reeve of the town, and (ii) the controller who at such election received the second highest number of votes shall be deemed to be the deputy reeve of the town; and (b) in the case of any other local municipality that is entitled to a deputy reeve, the controller who at the municipal election next preceding the organization of the county council received the highest number of votes shall be deemed to be the deputy reeve of the local municipality; and (c) where because of a tie vote it cannot be ascertained which controller received the highest or second highest number of votes or where one or more of the controllers is elected by acclamation, the controller who shall be deemed to be reeve or deputy reeve, as the case may be, shall be determined by resolution of council. R.S.O. 1990, c. M.45, s. 65.
Presiding officer to act in absence of head of council
66.During the absence of the head of council or if there is a vacancy in the office, the person appointed as presiding officer of the council shall act as a member of the board. R.S.O. 1990, c. M.45, s. 66.
Quorum, head of council to preside
67.A majority of the members of a board of control is a quorum, and the head of council shall preside at the meetings of the board, and, in his or her absence, the members shall appoint one of their number to preside. R.S.O. 1990, c. M.45, s. 67.
Who to be head of council
69.(1)The warden of a county, the mayor of a city or town and the reeve of a village or township is the head of the council and the chief executive officer of the corporation. Acting head (2)When the head of council is absent or refuses to act, or the office is vacant, the council may by resolution appoint one of its members to act in the place of the head of council and while so acting, the member has and may exercise all the rights, powers and authority of the head of council. Idem (3)The council of any municipality may by by-law appoint a member of the council to act from time to time in the place of the head of the council when the head of the council is absent from the municipality or absent through illness or the office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the head of the council. R.S.O. 1990, c. M.45, s. 69.
Duties of head of council
70.It is the duty of the head of the council, (a) to be vigilant and active in causing the laws for the government of the municipality to be duly executed and obeyed; (b) to oversee the conduct of all subordinate officers in the government of it and, as far as practicable, cause all negligence, carelessness and violation of duty to be prosecuted and punished; and (c) to communicate to the council from time to time such information and recommend to it such measures as may tend to the improvement of the finances, health, security, cleanliness, comfort and ornament of the municipality. R.S.O. 1990, c. M.45, s. 70.
Substitute for head of council
71.The council of any municipality may by by-law, passed with the written consent of the head of the council, appoint a member of the council to act in the place of the head of the council on any board, commission or other body of which the head of the council is a member by virtue of office under any general or special Act, except a police services board. R.S.O. 1990, c. M.45, s. 71. Chief Administrative Officer
Chief administrative officer
72.The 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 municipal corporation and perform such duties as the council by by-law prescribes; and (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. R.S.O. 1990, c. M.45, s. 72. Clerk
Appointment of clerk, and his duties
73.(1)The council shall appoint a clerk, whose duty it is, (a) to truly record in a book, without note or comment, all resolutions, decisions and other proceedings of the 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 the books, records and accounts of the council; (d) to preserve and file all accounts acted upon by the council; (e) 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 council; (f) to perform such other duties as may be assigned by council. Deputy clerk (2)The council may appoint a deputy clerk who shall have all the powers and duties of the clerk under this and every other Act. 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 council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk under this and every other Act. R.S.O. 1990, c. M.45, s. 73.
Inspection and copying of minutes, etc.
74.(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 73 and the minutes and proceedings of any committee of the 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 corporation of the municipality, to any applicant on payment at such rate as the council may by by-law establish. R.S.O. 1990, c. M.45, s. 74 (1); 1992, c. 15, s. 1. Index of restricted area by-laws, etc. (2)The clerk shall keep an index book in which the clerk shall enter the number and date of, (a) every subsisting by-law heretofore passed under section 34 of the Planning Act or a predecessor of that section; (b) every by-law hereafter passed under section 34 of the Planning Act; and (c) every other subsisting by-law, and every other by-law hereafter passed, that affects land but does not directly affect the title to land. R.S.O. 1990, c. M.45, s. 74 (2).
Transfer of documents to Archivist
75.(1)Despite subsection 73 (1), the Archivist of Ontario and a municipal council may agree that any document of the municipality may be transferred to and kept by the Archivist. Idem (2)The Archivist of Ontario and a local board, as defined in the Municipal Affairs Act, may agree that any document of the local board may be transferred to and kept by the Archivist. Copies of certain by-laws to be kept (3)Where a council or local board agrees under subsection (1) or (2) to transfer the original of a by-law that, at the time of the transfer, is still in force or the operation of which is not spent, the clerk shall obtain and keep, until such time as the by-law is no longer in force or is spent, a photographic copy of the by-law. Definition (4)In this section and section 76, “document” includes originals of by-laws, resolutions, books, records, accounts and papers of any nature. R.S.O. 1990, c. M.45, s. 75.
Certified copies of documents receivable in evidence
76.(1)A copy of any document in the possession or under the control of the clerk of a municipality purporting to be certified by the clerk and under the seal of the corporation may be filed and used in any court or tribunal 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 or tribunal otherwise directs. Idem (2)A copy of any document kept by the Archivist under subsection 75 (1) or (2) and certified by the Archivist may be filed and used in any court or tribunal in lieu of the original and shall be received in evidence without proof of the signature or official character of the person appearing to have signed the same, and without further proof, unless the court or tribunal otherwise directs. R.S.O. 1990, c. M.45, s. 76. Treasurer
Treasurer
77.(1)The council shall appoint a treasurer. Deputy treasurer (2)The council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer under this and every other Act. 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 council may appoint a temporary treasurer who shall have all the powers and duties of the treasurer under this and every other Act. R.S.O. 1990, c. M.45, s. 77.
Appointment of temporary county treasurer
78.(1)In case of the death of the treasurer of a county, the warden may, by warrant under his or her hand, appoint for such special purpose as the warden considers necessary a temporary treasurer, who shall hold office until the next meeting of the council, and all acts authorized by the warrant that are performed by him or her are as valid and binding as if performed by a treasurer. Security to be given (2)The warden shall, by the warrant, direct that security within the meaning of subsection 92 (2) shall be given by the temporary treasurer for the faithful performance of his or her duties and for duly accounting for and paying over all money that comes into his or her hands, and before entering upon his or her duties the temporary treasurer shall give such security, but shall not interfere with the books, vouchers or accounts of the deceased treasurer until a proper audit of them has been made. R.S.O. 1990, c. M.45, s. 78.
To receive and take care of and disburse money, etc.
79.(1)The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. Persons authorized to sign cheques (2)Despite subsection (1), (a) the council of a local municipality having a population of less than 5,000 and the council of a county may provide that cheques issued by the treasurer may be signed by the treasurer only; and (b) the council of any other municipality may designate one or more persons to sign cheques in lieu of the treasurer. Methods of signing cheques (3)The council of any municipality may provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques. Petty cash fund (4)The council of a municipality 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 to pay small accounts, subject to such terms and conditions as the by-law may provide. Liability limited (5)The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the council, unless another disposition of it is expressly provided for by statute. R.S.O. 1990, c. M.45, s. 79.
Bank accounts, etc.
80.(1)Subject to subsection 79 (4), the treasurer shall, (a) open an account or accounts in the name of the municipality at such place of deposit as may be approved by the council; (b) deposit all money received by him or her on account of the municipality, and no other money, to the credit of such account or accounts, and no other account; and (c) keep the money of the municipality entirely separate from his or her own money and from that of any other person. Variance prohibited (2)Despite subsection 79 (1), the 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. M.45, s. 80.
Half-yearly statement
81.The treasurer shall prepare and submit to the council, half-yearly, a statement of the money at the credit of the corporation. R.S.O. 1990, c. M.45, s. 81.
Returns to Ministry
82.(1)The treasurer of every municipality shall in each year within the time prescribed by the Ministry make a return to the Ministry on forms provided by it of such information and statistics with respect to the financial affairs, accounts and transactions of the municipality as the Ministry may prescribe, and every such return shall be transmitted by registered mail. Offence (2)Every treasurer who contravenes subsection (1) is guilty of an offence. Statement by Ministry (3)The Ministry shall cause to be prepared annually a tabulated statement of the returns which shall be laid before the Assembly. R.S.O. 1990, c. M.45, s. 82.
Publication of financial statements, etc.
83.(1)The treasurer of every municipality in every year shall, within the time prescribed by the Ministry after receiving the audited financial statements of the municipality, cause to be published or to be mailed or delivered to each ratepayer, (a) a copy of the statement of revenue and expenditure, statement of capital operations, the balance sheet, the notes to the financial statements, the auditor’s report, and the tax rate information for the current and previous year as contained in the financial review; or (b) a summary of the information referred to in clause (a) in such form as the Ministry may prescribe. R.S.O. 1990, c. M.45, s. 83 (1); 1997, c. 29, s. 25. Inclusion with tax notice (2)Where a tax notice is mailed to each ratepayer before the 30th day of June, the treasurer may, in lieu of publishing, mailing or delivering a copy or summary and the report under subsection (1), include with such notice the copy or summary and the report. Publication of information (3)The council of a municipality may cause to be published in a newspaper having general circulation in the municipality or to be mailed or delivered to each ratepayer in the municipality such information concerning the activities of the municipality as, in the opinion of the council, would be of interest to the ratepayers. R.S.O. 1990, c. M.45, s. 83 (2, 3).
Information re: municipal operations
83.1(1)In this section, “municipality” includes, (a) a regional, metropolitan and district municipality and the County of Oxford, (b) a local board as defined in section 1 of the Municipal Affairs Act, excluding school boards, (c) a conservation authority, (d) a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, excluding school purposes, in a territory without municipal organization, and (e) any other body performing a public function designated by the Minister. Information to be provided (2)A municipality shall provide the Minister with information designated by the Minister which, in the opinion of the Minister, relates to the efficiency and effectiveness of the municipality’s operations, at the times and in the manner and form designated by the Minister. Publication (3)A municipality shall publish all or such portion of the information as may be designated by the Minister at the times and in the manner and form designated by the Minister. Review (4)A municipality shall, (a) cause to be reviewed or audited all the information, or such portion of it as may be designated by the Minister, at the times and in the manner and form designated; and (b) shall make available all the information, or such portion of it as may be designated by the Minister, to be reviewed or audited at the times, by the persons and in the manner and form designated. Scope (5)A matter designated by the Minister under this section may be general or particular in its application and may be restricted to those municipalities and persons designated. 1996, c. 1, Sched. M, s. 2.
Regulation to provide reporting requirements
83.2 (1) The Minister of Finance may, by regulation, require municipalities to provide the following information within the time and in the manner and form prescribed in the regulation: 1. By-laws made under any of Part XXII, XXII.1 or XXII.2. 2. Any other information specified in the regulation. 1999, c. 9, s. 143; 2000, c. 25, s. 15. General or specific (2) A regulation made under subsection (1) may be general or specific in its application and may be restricted to one or more municipalities. 1999, c. 9, s. 143. Definition (3) In this section, “municipality” means a city, town, village, township, county, a regional or district municipality or the County of Oxford. 1999, c. 9, s. 143.
Provision on dismissal from office
84.Where a treasurer is removed from office or absconds, the council shall forthwith give notice to his or her sureties, and his or her successor may draw any money of the corporation that may have been deposited by the treasurer to his or her credit. R.S.O. 1990, c. M.45, s. 84. Collectors
Collectors, appointment
85.(1)The council of every local municipality shall appoint as many collectors for the municipality as it considers necessary. Duties (2)The council may assign to a collector the district within which he or she is to act, and may make regulations governing the performance of his or her duties. Jurisdiction (3)The same person may be appointed collector for more than one ward or polling subdivision. R.S.O. 1990, c. M.45, s. 85. Auditors and Audit
Appointment of auditors
86.(1)The council of every municipality shall by by-law appoint for a term of five years or less one or more auditors who are licensed under the Public Accountancy Act, and every person so appointed shall, in addition to his or her duties in respect of the corporation, audit the accounts and transactions of every local board as defined in the Municipal Affairs Act. 1997, c. 31, s. 155 (1). Where board is local board of more than one municipality (2)Where a local board is a local board of more than one municipality, the accounts and transactions thereof shall be audited by an auditor of the municipality that is liable for a larger portion of the operating costs of the local board than any other municipality, and, in the event of disagreement as to the proper auditor, the matter may be determined by the Ministry on the application of any municipality of which the local board in question is a local board. Cost of audit (3)Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the municipality 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. Local boards in unorganized territory (4)Every board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory shall appoint one or more auditors and the provisions of this Act with respect to auditors apply with necessary modifications. R.S.O. 1990, c. M.45, s. 86 (2-4). Provision to avoid duplication of audits (5)Where by any other general or special Act, except Part IX of the Education Act, auditors are required to be appointed or elected by or for any authority within the meaning of this section, the exercise of such power is not mandatory, despite such Act. R.S.O. 1990, c. M.45, s. 86 (5); 1993, c. 27, Sched. Disqualification of persons as auditors (6)No person shall be appointed as an auditor of a municipality who is or during the preceding year was a member of the council or any local board of the municipality or of any other local board the accounts and transactions of which it would as auditor be his or her duty to audit or who has or during the preceding year had any direct or indirect interest in any contract or any employment with the municipality or any of such local boards other than for services within his or her professional capacity. When auditor does not act (7)If a person appointed auditor for a county refuses or is unable to act, the head of the council shall appoint another person not in the employment of such head to be auditor in his or her stead. R.S.O. 1990, c. M.45, s. 86 (6, 7). Non-application to school boards (8)This section does not apply in respect of a board within the meaning of subsection 1 (1) of the Education Act. 1997, c. 31, s. 155 (2).
Duties of auditor
87.An auditor shall perform such duties as are prescribed by the Ministry and also such duties as may be required by the council or any local board that do not conflict with the duties prescribed by the Ministry and shall prepare the material to be published by the treasurer under section 83. R.S.O. 1990, c. M.45, s. 87.
Right of access, etc.
88.(1)The auditor of a municipality has right of access at all reasonable hours to all books, records, documents, accounts and vouchers of the municipality or any local board thereof, and is entitled to require from the members of council and local boards and from the officers of the municipality and its local boards such information and explanation as in his or her opinion may be necessary to carry out such duties as are prescribed by the Ministry. Auditor may take evidence on oath (2)The auditor may require any person to give evidence on oath touching any of such matters and for such purpose has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies as if the taking of the evidence were an inquiry under that Act. Auditor may attend meetings (3)The auditor is entitled to attend any meeting of members of council or any local board of the municipality and to receive all notices relating to any such meeting that any member is entitled to receive and to be heard at any such meeting that he or she attends on any part of the business of the meeting that concerns him or her as auditor. R.S.O. 1990, c. M.45, s. 88.
Audit of accounts before payment
89.The council of any municipality may provide that all accounts shall be audited before payment. R.S.O. 1990, c. M.45, s. 89.
The council to audit finally, etc.
90.The council shall, upon the report of the auditors, finally audit and allow the accounts of the treasurer and collectors, and all accounts chargeable against the corporation, and, where charges are not regulated by law, the council shall allow what is reasonable. R.S.O. 1990, c. M.45, s. 90.
Money payable by Province to be retained if returns not made
91.The Treasurer of Ontario may in his or her discretion retain any money payable to a municipal corporation, if it is certified by the Ministry that any officer of the corporation whose duty it is to make returns to the Ministry has not done so. R.S.O. 1990, c. M.45, s. 91.
Security to be furnished by officers
92.(1)Every treasurer, deputy treasurer and collector and every other officer of the corporation, as the council may require, before entering on the duties of office shall give annually such security as the council directs for the faithful performance of such duties and for duly accounting for and paying over all money that comes into his or her hands. R.S.O. 1990, c. M.45, s. 92 (1). Nature of security (2)The security to be given shall be the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in such form and on such terms as the Minister may approve. 1997, c. 19, s. 39. Inspection of surety bonds (3)It is the duty of the council, at a meeting held not later than the 15th day of February in every year with respect to those of its officers who continue in office from year to year and at the first meeting after the appointment with respect to any newly appointed officer, to require the production before it of every bond, policy or guarantee contract required under this section. Inspection and return as to security (4)The council shall forthwith after the production thereof direct where and with whom the bonds, policies and guarantee contracts given under this section shall be deposited for safe-keeping and where the same shall be available for inspection by the auditor, and the auditor shall in his or her annual report to the Ministry include such information with respect to the same as may be required by the Ministry. Premiums (5)The premiums payable in respect of any bond, policy or guarantee contract given under this section is payable by the corporation out of its general funds. Notices from Ministry as to surety bonds (6)The Ministry may upon examination of any return made to it for any municipality under this section report to the council with respect to matters arising out of the return, and as to the necessity for other officers and employees furnishing security, and as to the sufficiency of security furnished as disclosed by the return. Local boards and authorities (7)This section applies with necessary modifications to the treasurer and every other officer as the board may require of a local board as defined in the Municipal Affairs Act, except a school board, and to every board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory, except a school board. R.S.O. 1990, c. M.45, s. 92 (3-7).
Publication of statements of revenues and expenditures
93.The council of any municipality may, prior to the day fixed for holding nominations, publish a detailed statement signed by the head of the council and the treasurer of the revenues and expenditures for the current year in the form and manner prescribed by the Ministry. R.S.O. 1990, c. M.45, s. 93. Duties of Officers Respecting Oaths and Declarations
Declaration of office of members of council, etc.
94.(1)Every member of a council, trustee of a police village and public utility commissioner, before entering on the duties of office, shall make and subscribe a declaration of office (Form 3) and an oath of allegiance (Form 1). Municipal officers (2)Every clerk, treasurer, collector, engineer, commissioner of industries, clerk of works and street overseer or commissioner, before entering on the duties of office, shall make and subscribe a declaration of office (Form 4), but every such person appointed to two or more municipal offices may make one declaration of office as to all of them. Auditor’s declaration (3)Every auditor, before entering upon his or her duties, shall make and subscribe a declaration (Form 5). Filing of declaration (4)Except where otherwise provided, the person by whom the oath or declaration is made shall file it in the office of the clerk within eight days after it is made. R.S.O. 1990, c. M.45, s. 94.
Declaration of office
95.(1)Every qualified person elected to any municipal office shall take the declaration of office, where he or she is elected to fill a vacancy, within ten days after his or her election, and in other cases on or before the day fixed for holding the first meeting of the body to which he or she was elected, and in default he or she shall be deemed to have resigned. Extension of time (2)Despite subsection (1), a municipal council or other body to which a person is elected may, for such reasons as it considers appropriate, extend by thirty days the times referred to in subsection (1). R.S.O. 1990, c. M.45, s. 95. Salaries, Tenure of Office and Gratuities
Salaries of officers
96.(1)When the remuneration of any officer of a corporation is not fixed by law, the council shall fix it. Remuneration of clerk for certain services (2)The council shall give to the clerk for services and duties performed by him or her under the Drainage Act a fair and reasonable remuneration to be fixed by the council. Fees for copies of awards, etc. (3)The council shall fix the sum to be paid to the clerk by any person for copies of awards or other documents, or for any other services rendered by the clerk, other than such as it is his or her duty to perform under that Act. Remuneration not to be settled by tender (4)Where an appointment to an office or an arrangement for the discharge of the duties of an office is to be made, the council shall not invite or require applicants to name a sum for which they will discharge the duties of the office, or give the appointment to, or make the arrangement with, the person who offers to perform the duties at the lowest salary or remuneration. Costs in legal proceedings (5)Despite any other Act, in any proceeding to which a municipality or local board, as defined in the Municipal Affairs Act, is a party, costs adjudged to the municipality or local board shall not be disallowed or reduced merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the municipality or local board or of a municipality acting on behalf of the local board performing the services in the discharge of the solicitor’s or counsel’s duty and remunerated therefor by a salary, and for that or any other reason was not entitled to recover any costs from the municipality or local board in respect of the services rendered, and, (a) the costs recovered by or on behalf of the municipality shall form part of the general funds of the municipality; and (b) the costs recovered by or on behalf of the local board shall form part of the general funds of the local board. R.S.O. 1990, c. M.45, s. 96. 97.Repealed: 1991, c. 15, s. 4.
Costs in legal proceedings
97.Repealed: 1991, c. 15, s. 4.
Retirement allowance
98.(1)A council may grant an annual retirement allowance, payable weekly, monthly or otherwise, to an employee, during the employee’s life, who has had continuous service for at least twenty years with the municipality or with the municipality and any other municipality or local board as defined in the Municipal Affairs Act or any two or more of them and who, (a) is retired because of age; or (b) while in the service of any municipality or local board has become incapable of working through illness or otherwise. R.S.O. 1990, c. M.45, s. 98 (1). Allowance to surviving spouse or same-sex partner (2)Where a council grants an annual retirement allowance to an employee under subsection (1), the by-law may include provision for continuing the allowance to the surviving spouse or same-sex partner, if any, during his or her life in an amount not exceeding one-half of the annual allowance payable to the employee. R.S.O. 1990, c. M.45, s. 98 (2); 1999, c. 6, s. 40 (3). Idem (3)A council may grant an annual retirement allowance payable weekly, monthly or otherwise to the surviving spouse or same-sex partner of an employee who dies while in the employ of the municipality and who would have been eligible for a retirement allowance under this section had the employee retired on the day of his or her death, but the amount of such allowance shall not exceed one-half of the amount of the annual allowance that would otherwise have been payable to the employee and subsection (4) applies with necessary modifications. R.S.O. 1990, c. M.45, s. 98 (3); 1999, c. 6, s. 40 (4). Contributions by municipality or local board (4)Where a council grants an annual retirement allowance to an employee under subsection (1), any municipality or local board of which he or she has been an employee may contribute to such allowance by agreement with the municipality granting the allowance. Application of section (5)This section does not apply to an employee who has entered or enters the service of any municipality or local board after the 1st day of January, 1948. Definition (6)In this section, “employee” has the same meaning as in paragraph 46 of section 207. Repeal of by-law prohibited (7)No by-law passed under this section shall be repealed. R.S.O. 1990, c. M.45, s. 98 (4-7).
Firefighters
99.The council of every local municipality may pass by-laws for granting gratuities to the members of the fire brigade who have become incapacitated for service on account of injuries or ill-health caused by accident or exposure at fires, or from inability to perform their duties, and for granting pecuniary aid or other assistance to the surviving spouses, same-sex partners and children of persons killed by accident while in the discharge of their duties at fires, or who die from injuries received or from illness contracted while in the service of the municipality as firefighters. R.S.O. 1990, c. M.45, s. 99; 1999, c. 6, s. 40 (5). Investigation of charges of Malfeasance, etc., or Judicial Inquiry in Relation to Municipal Matters
Investigation by judge of charges of malfeasance
100.(1)Where the council of a municipality passes a resolution requesting a judge of the Ontario Court (General Division) to investigate any matter relating to a supposed malfeasance, breach of trust or other misconduct on the part of a member of the council, or an officer or employee of the corporation, or of any person having a contract with it, in regard to the duties or obligations of the member, officer, employee or other person to the corporation, or to inquire into or concerning any matter connected with the good government of the municipality or the conduct of any part of its public business, including any business conducted by a commission appointed by the municipal council or elected by the electors, the judge shall make the inquiry and for that purpose has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act, and the judge shall, with all convenient speed, report to the council the result of the inquiry and the evidence taken. Engaging counsel (2)The council may engage and pay counsel to represent the corporation, and may pay all proper witness fees to persons summoned to give evidence at the instance of the corporation, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on such investigation or inquiry, may be represented by counsel. Idem (3)The judge may engage counsel and such other assistants and employees and incur such incidental expenses as he or she considers advisable for the proper conduct of the investigation or inquiry, and the municipality shall pay the costs thereof. R.S.O. 1990, c. M.45, s. 100. PART VII   GENERAL PROVISIONS APPLICABLE TO ALL MUNICIPALITIES
Jurisdiction of councils
101.(1)Except where otherwise provided, the jurisdiction of every council is confined to the municipality that it represents and its powers shall be exercised by by-law. By-law not to be quashed because unreasonable (2)A by-law passed by a council in the exercise of any of the powers conferred by and in accordance with this Act, 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. M.45, s. 101.
General power
102.Every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c. 23, s. 54.
Delegation of administrative functions
102.1(1)The council of a municipality may, by by-law, delegate to a committee of council or to an employee of the municipality any powers, duties or functions that are administrative in nature. Conditions (2)The council may, in the by-law, impose conditions on the exercise or performance of the delegated powers, duties and functions. Non-administrative matters (3)Subsection (1) does not authorize the delegation of powers, duties, or functions that are legislative or otherwise non-administrative in nature, such as the power to pass by-laws, adopt estimates, levy, cancel, reduce or refund taxes, or appoint persons to and remove them from offices created by statute. Definition (4)In this section, “municipality”includes a regional, metropolitan or district municipality and the County of Oxford. 1996, c. 32, s. 14.
English and French by-laws and resolutions
103.(1)Every council may pass its by-laws and resolutions in English or in both English and French. Official plans (2)Every council may adopt an official plan that is in English or that is in both English and French. Proceedings of council (3)Every council and every committee of council may conduct its proceedings in English or French or in both English and French. Minutes (4)Despite subsection (3), the minutes of the proceedings of council and all committees of council shall be kept in English or, where so authorized by a by-law of the council, in both English and French. Conduct of affairs, etc., of municipality (5)Unless otherwise directed by a by-law of the council, the officers and employees of a municipality may conduct the business and affairs of the municipality in such language, including a language other than English or French, as may be reasonable in the circumstances. Proviso (6)Nothing in this section, (a) affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any form, book, document or other paper of any kind in the language or languages specified by or under the Act; (b) affects any requirement at law to give reasonable notice. Translations (7)Where any form, book, document or other paper of any kind is submitted by a municipality to a ministry of the Government of Ontario in French, the municipality shall, at the request of the minister of the ministry to which the form, book, document or other paper was submitted, supply the minister with an English translation thereof. R.S.O. 1990, c. M.45, s. 103.
Municipal Code
104.(1)Where the council of any municipality passes a comprehensive general by-law dealing with all or any of such matters within its jurisdiction as the council considers desirable to include therein and such by-law consolidates and includes therein the provisions of any by-law previously passed by the council, (a) the provisions in the comprehensive general by-law shall be deemed to have come into force on the day the original by-law came into force; and (b) any condition precedent or subsequent or the approval of any authority external to the council required by law before the original by-law came into force shall, where such condition was satisfied or approval obtained in respect of the original by-law, be deemed to have been satisfied or obtained in respect of the corresponding provision in the comprehensive general by-law in all respects as though the condition had been satisfied or the approval obtained in respect of that provision in the comprehensive general by-law. Name (2)A by-law passed under subsection (1) may be known in English as The (name of municipality) Municipal Code, and may also be known in French as Code municipal de (name of municipality). R.S.O. 1990, c. M.45, s. 104.