jswizzle3737/ontario_laws_and_regs huggingface dataset:
Evidence may be taken in shorthand
2.(1)Where under this Act evidence is taken orally before an official examiner or a judge, he or she may direct that the evidence be taken in shorthand by a stenographic reporter. Fees of reporter, how paid (2)The fees of the stenographic reporter including those for the transcribing of his or her notes shall be paid by the party on whose behalf the evidence is taken, and shall form part of the costs of the proceedings in which the evidence is taken. R.S.O. 1990, c. M.45, s. 2.
Registration in land titles division
3.Where registration in a land registry office is prescribed or provided for by this Act, it means, where the Land Titles Act is applicable, registration in the office of the proper land registrar of the land titles division in which the land is situate. R.S.O. 1990, c. M.45, s. 3.
When occupant deemed to be owner
4.A person in the actual occupation of land, (a) under an agreement with the owner for the purchase of it; or (b) sold by the Director in accordance with the Veterans’ Land Act (Canada), shall be deemed to be the owner, and the unpaid purchase money or balance, as the case may be, shall be deemed to be an encumbrance on the land. R.S.O. 1990, c. M.45, s. 4.
Power to acquire includes expropriation
5.Where power to acquire land is conferred upon a municipal corporation by this or any other Act, unless otherwise expressly provided, it includes the power to acquire by purchase or otherwise and to enter on and expropriate. R.S.O. 1990, c. M.45, s. 5.
Special Acts
6.(1)In this section, “municipality” includes a regional and district municipality and the County of Oxford; (“municipalité”) “special Act” means an Act relating to a particular municipality. (“loi spéciale”) 2000, c. 5, s. 15 (2). Relationship between this Act and special Acts (2)Except where otherwise expressly or by necessary implication provided, (a) this Act does not limit or restrict the powers of a municipality under a special Act; and (b) a special Act does not limit or restrict the powers of a municipality under this Act. 2000, c. 5, s. 15 (2). Override (3)Despite subsection (2) and the sections set out in subsection (4), a municipality may exercise its powers under any of the following provisions to override a special Act even if the special Act is more specific and is enacted more recently than the provision: 1. Sections 13 to 13.2 (wards). 2. Sections 26, 27 and 29 (council composition). 3. Sections 209.1 to 209.6 (service migration). 4. Section 210.4 (dissolution of local boards). 5. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act. 2000, c. 5, s. 15 (2). Provisions (4)The sections referred to in subsection (3) are section 124 of the County of Oxford Act, section 123 of the District of Muskoka Act, section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2), section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999, section 37 of the City of Greater Sudbury Act, 1999 and section 145 of the Regional Municipalities Act. 2000, c. 5, s. 15 (2). Exclusion (5)Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4). 2000, c. 5, s. 15 (2).
Inhabitants of municipalities to be bodies corporate
7.The inhabitants of every county, city, town, village and township are a body corporate for the purposes of this Act. R.S.O. 1990, c. M.45, s. 7.
Names of municipal corporations
8.(1)The name of the body corporate shall be The Corporation of the County [United Counties, City, Town, Village, Township (as the case may be)] of ...................... (municipality). Idem (2)The body corporate may also have the name of comté [comtés unis, cité, ville, village, canton (as the case may be)] de ......................... (municipality). Idem (3)A municipal corporation may continue to use a French version of its name adopted before the coming into force of this subsection though the French version of the name does not conform to subsection (2). R.S.O. 1990, c. M.45, s. 8.
Council to exercise corporate powers
9.The powers of a municipal corporation shall be exercised by its council. R.S.O. 1990, c. M.45, s. 9. PART I   FORMATION, ERECTION, ALTERATION OF BOUNDARIES AND DISSOLUTION OF MUNICIPALITIES, ETC. Incorporations and Erections
Public hearing
11.(1), (2)Repealed: 1994, c. 27, s. 123 (2). Erection of village or township into town (3)Upon the application of a village or township having a population of not less than 2,000, the Municipal Board may erect the village or township into a town. Erection of village, town or township into a city (4)Upon the application, authorized by the Minister, (a) of a village or town located in a county and having a population of not less than 15,000; or (b) of a township located in a county and having a population of not less than 25,000, the Municipal Board may erect the village, town or township into a city. Idem (5)Upon the application, (a) of a village or town not located in a county and having a population of not less than 15,000; or (b) of a township not located in a county and having a population of not less than 25,000, the Municipal Board may erect the village, town or township into a city. R.S.O. 1990, c. M.45, s. 11 (3-5). Application to be authorized by by-law (6)An application by a village, town or township under this section shall be authorized by by-law of the council of the village, town or township, as the case may be, and notice of the application shall be published in such manner as the Municipal Board may direct. 1994, c. 27, s. 123 (3). Enlargement of area of city or town to be erected (7)An application for the erection of a city or town under this section may include an application for the annexation of any locality that does not form part of any municipality and which adjoins the applicant municipality and, where the Municipal Board considers it desirable that the adjoining locality, or any greater or smaller area, be included in the city or town, the Municipal Board may annex the locality or any greater or smaller area to the city or town in the order erecting it. Idem (8)Where it is proposed that an adjoining locality be annexed to the city or town to be erected, the application for the erection shall so state and shall designate the locality to be annexed, and section 14 applies with respect to the part of the application, and the order thereon, dealing with the proposed annexation. R.S.O. 1990, c. M.45, s. 11 (7, 8).
Name, boundaries, etc.
12.(1)Where a municipality is incorporated or erected, the order of the Municipal Board shall direct the name that the municipality shall bear, its boundaries, and the date when the incorporation or erection shall take effect, and may provide for any matters that the Board considers necessary for the establishment and carrying on of the municipality. R.S.O. 1990, c. M.45, s. 12 (1). County (2)Where a village, town or township is incorporated out of parts of two or more counties, it shall be annexed to and form part of that one of the counties which the Municipal Board directs. R.S.O. 1990, c. M.45, s. 12 (2); 1994, c. 27, s. 123 (4). Additional powers of Board (3)Without restricting the generality of subsection (1), the Municipal Board, by any order made upon an application for incorporation or erection or by any subsequent order or orders, may exercise all the powers conferred on it in the case of an annexation by subsections 14 (6), (7), (12) and (13), which subsections apply with necessary modifications. Order of Board conclusive (4)The order of the Municipal Board incorporating or erecting a local municipality is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the local municipality has been duly incorporated or erected in accordance with this Act, and such order shall be registered by the municipality affected as required by section 68 of the Registry Act as soon as practicable after the effective date of the order. R.S.O. 1990, c. M.45, s. 12 (3, 4).
Change of name
12.1 (1) Despite any Act, a municipality (including a regional or district municipality and the County of Oxford) may by by-law change its name so long as the new name is not the same as the name of another municipality. 2000, c. 26, Sched. K, s. 2. Notice to public (2) Before passing a by-law changing its name, a municipality shall give notice to the public of the proposed by-law. 2000, c. 26, Sched. K, s. 2. Notice (3) A municipality that passes a by-law changing its name shall send a copy of the by-law to the Minister of Municipal Affairs and Housing and to the Director of Titles appointed under the Land Titles Act promptly after its passage. 2000, c. 26, Sched. K, s. 2. Status unchanged (4) A by-law changing the name of a municipality does not affect the status of a municipality and so, for example, a municipality with town status remains a municipality with town status. 2000, c. 26, Sched. K, s. 2. Wards
Division into wards at incorporation or erection
13.(1)At the time of incorporating or erecting a local municipality, the Municipal Board, (a) in the case of a city, shall make an order dividing it into wards; (b) in any other case, may make an order dividing it into wards. Names or numbers of wards (2)When the Municipal Board makes an order dividing a local municipality into wards, it shall assign a name or number to each ward. Composition of local boards (3)When the Municipal Board makes an order dividing a local municipality into wards it may, despite any general or special Act, in the order provide for the composition of any local board as defined in the Municipal Affairs Act and for the numbers of members to be elected to it from each ward as the Municipal Board considers necessary. By-law to establish wards (4)The council of a local municipality may pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards. Public notice and meeting (5)Before passing a by-law under subsection (4), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. Criteria for boundaries (6)When the council acts under subsection (4), it shall have regard to the prescribed criteria for establishing ward boundaries. Regulations (7)The Minister may, by regulation, prescribe criteria for the purpose of subsection (6); the criteria may be particular or general in their application. Conflict (8)If there is a conflict between this section and any provision dealing with municipal wards that is contained in a public or private Act, this section prevails. Effective date (9)A by-law dividing a municipality into wards or dissolving the existing wards that is passed after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act. Transition, 1997 regular election (10)Despite subsection (9), a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election. Application of subss. (9) and (10) to orders (11)Subsections (9) and (10) also apply, with necessary modifications, to an order dividing a municipality into wards or dissolving the existing wards that is made under this or any other Act. Existing applications continued (12)Despite section 3 of the Better Local Government Act, 1996, section 13 as it read on the day before the coming into force of that section continues to apply to an application to divide or redivide a municipality into wards, or to dissolve existing wards, that is commenced before the day of the coming into force of that section. Existing wards continued (13)Until a by-law passed by the council of a municipality under this section comes into force, the wards in existence on the day before the coming into force of section 3 of the Better Local Government Act, 1996 are unaffected. 1996, c. 32, s. 3.
Notice of right to appeal wards by-law
13.1(1)Within 15 days after the council passes a by-law under subsection 13 (4), the clerk shall give notice of it to the electors, specifying the last day for filing a notice of appeal under subsection (2). Appeal (2)Within 20 days after the clerk gives notice of the by-law, the Minister or any other person or agency may appeal to the Municipal Board by filing with the clerk a notice of appeal setting out any objection to the by-law and the reasons in support of the objection. Coming into force of by-law (3)If no notice of appeal is filed under subsection (2), the by-law shall be deemed to have come into force on the day it was passed. Affidavit (4)The clerk’s affidavit that he or she gave notice of the by-law in accordance with subsection (1) and that no notice of appeal was filed under subsection (2) within the 20-day period is conclusive evidence of the facts stated in it. Transmission to Municipal Board (5)The clerk shall, within 15 days after the last day for filing a notice of appeal under subsection (2), forward any notices of appeal received to the Municipal Board. Other information (6)The clerk shall provide any other information or material that the Board requires in connection with the appeal. Withdrawal (7)If the appeals filed under subsection (2) have all been withdrawn and the time for filing notices of appeal has expired, the secretary of the Municipal Board shall notify the clerk of the municipality of the fact, and the by-law shall be deemed to have come into force on the day it was passed. Hearing and disposition (8)The Board shall hold a hearing and may, (a) dismiss the appeal; or (b) allow the appeal in whole or in part. Same (9)When the Board allows the appeal, it may make an order, (a) repealing all or part of the by-law, or amending the by-law, or doing both; or (b) directing the council to repeal all or part of the by-law, to amend the by-law, or to do both. Coming into force of by-law (10)If one or more appeals have been filed under subsection (2), the by-law comes into force when the appeals have been withdrawn or finally disposed of; the by-law, as amended by the Board or at its direction, shall be deemed to have come into force on the day it was passed, unless the Board orders otherwise. Exception, 1997 regular election (11)Despite subsection (10), in the case of a by-law referred to in subsection 13 (10), if the appeal has not been withdrawn or disposed of by the Board on or before March 31, 1997, the by-law does not come into force until the day the Municipal Board makes its order. 1996, c. 32, s. 3.
Petition re wards
13.2(1)Electors in a local municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards. Number of electors required (2)A petition under subsection (1) requires, (a) the signatures of 75 electors, if the municipality has 5,000 electors or fewer; (b) the signatures of 150 electors, if the municipality has more than 5,000 electors. Council’s failure to act (3)If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Municipal Board to have the municipality divided or redivided into wards or to have the existing wards dissolved. Order (4)On hearing the application the Municipal Board may, despite any general or special Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards, and subsections 13 (2) and (3) apply with necessary modifications. Effective date (5)The order shall specify the date on which the division, redivision or dissolution is to take effect. 1996, c. 32, s. 3. 13.3Repealed: 2000, c. 5, s. 15 (3). Alterations of Boundaries
Effective date
13.3Repealed: 2000, c. 5, s. 15 (3). Alterations of Boundaries
Alteration of areas
15.(1)Upon the application of a municipality to alter, enlarge, reduce or dissolve any fire, police, sewage, water or transportation area or local improvement area or street lighting area created under this or any other Act or any other area created for any municipal purpose, or to amalgamate any such area with any other area of a similar nature in the municipality or to divide any such area or areas into new areas, the Municipal Board may, on such terms as it considers expedient, by order make such alteration, enlargement, reduction, division, dissolution or amalgamation. Public hearing (2)Unless under all the circumstances affecting the matter the Municipal Board considers a public hearing, unnecessary and by order dispenses with it, the Board shall, before making an order under this section, hold a public hearing, after such notice thereof has been given as the Board may direct, for the purpose of inquiring into the merits of the application and of hearing any objections that any person may desire to bring to the attention of the Board. Application of s. 14 (3)Section 14, except subsections (4) and (14) to (20), apply with necessary modifications to an application under this section. R.S.O. 1990, c. M.45, s. 15.
Union of townships
16.(1)A union of townships shall consist of two or more townships united for municipal purposes and having in common, as if one township, all offices and institutions established by law pertaining to township municipalities. Annexation of townships in unorganized territory to county (2)The Lieutenant Governor in Council may, by proclamation, annex a township, or two or more townships lying adjacent to one another laid out by the Crown in unorganized territory, to any adjacent county, and may erect the same with another township in the county into a union of townships. Separation of township from union (3)Upon the application of a union of townships, authorized by by-law of the council thereof, or upon the application of at least seventy-five inhabitants of one of the townships included in a union of townships, the Municipal Board may by order on such terms as it considers expedient separate the township in respect of which the application is made from the union of townships and, (a) incorporate the inhabitants of the separated township as a new township; or (b) erect the township with an adjoining township into a union of townships. Names, boundaries, etc. (4)Where a township is separated from a union of townships, the order of the Municipal Board shall direct the name that the remainder of the union shall bear, the name that the new township or union shall bear, the boundaries of the municipalities, and the date when the order shall take effect, and may provide for any matters that the Board considers necessary for the establishment and carrying on of the municipalities. Application of s. 14 (5)Section 14, except subsections (19) to (25), apply with necessary modifications to an application under subsection (3). R.S.O. 1990, c. M.45, s. 16. Matters Consequent on Incorporations, Erections, Alterations of Boundaries, etc.
By-laws to remain in force on incorporations, etc.
17.(1)The incorporation of a locality as a township, village or town, the erection of a village or township into a town, the erection of a village, town or township into a city or the separation of a township from a union of townships does not affect the by-laws then in force in the locality or municipality.They remain in force in the locality or municipality until repealed by the council of the newly incorporated or erected municipality. 1994, c. 27, s. 123 (5). Proviso (2)Nothing in this section authorizes the amendment or repeal of a by-law that the council by which it was passed could not lawfully amend or repeal. Dissolution of police village included in area erected into an urban municipality (3)Where a township or part of a township in which a police village is situate is erected into an urban municipality, the police village or part of the police village within such township or part of a township is dissolved or detached, as the case may be, and clauses 24 (6) (d), (e), (f) and (j) and subsection 24 (7) apply with necessary modifications. R.S.O. 1990, c. M.45, s. 17 (2, 3).
By-laws in force in annexed territory
18.Except where otherwise ordered by the Municipal Board, where a locality is annexed to a municipality, the by-laws of the municipality extend to the locality and any by-laws then in force in the locality cease to apply to it. R.S.O. 1990, c. M.45, s. 18.
Assets, etc., on erections
19.(1)Where, (a) Repealed: 1994, c. 27, s. 123 (6). (b) a village or township is erected into a town; or (c) a village, town or township is erected into a city, all the assets and liabilities of the former municipality and its local boards are assets and liabilities of the new municipality and its local boards, and the new municipality and its local boards for all purposes stand in the place of the former municipality and its local boards. R.S.O. 1990, c. M.45, s. 19 (1); 1994, c. 27, s. 123 (6). Idem (2)Without limiting the generality of subsection (1), the new municipality has the same rights and powers as respects the collection and recovery of all unpaid taxes imposed by the former municipality, including those for the year in which the erection takes place, as if such taxes had been imposed by the new municipality. R.S.O. 1990, c. M.45, s. 19 (2).
Disposition of real property on separation from union of townships
20.Unless otherwise ordered by the Municipal Board, where a township is separated from a union of townships, the real property belonging to the union of townships and situated in the separated township belongs to and is vested in the separated township and the remainder of the real property is the property of the remainder of the union. R.S.O. 1990, c. M.45, s. 20.
Unpaid taxes
21.(1)Except where otherwise provided by the Municipal Board, where a locality is incorporated as a village, township or town, any taxes that are unpaid at the time the incorporation takes effect belong to the newly incorporated municipality and may be collected and recovered by it as if they had been imposed by it. R.S.O. 1990, c. M.45, s. 21 (1); 1994, c. 27,  s. 123 (7). Idem (2)The unpaid taxes, the right to collect and recover which is transferred to the newly incorporated municipality under subsection (1), shall be taken into consideration upon the adjustment of assets and liabilities consequent upon the incorporation. R.S.O. 1990, c. M.45, s. 21 (2).
Jurisdiction of old council on incorporations, etc.
22.Where, (a) a locality is incorporated as a township, village or town; (b) Repealed: 1994, c. 27, s. 123 (8). (c) a village or township is erected into a town; (d) a village, town or township is erected into a city; or (e) a township is separated from a union of townships, and the council of the new municipality is not organized until after the time of the incorporation, erection or separation, the council having authority in the locality, municipality or separated township at the time of the incorporation, erection or separation shall, until the council of the new municipality is organized, continue to have the same powers as before the incorporation, erection or separation. R.S.O. 1990, c. M.45, s. 22; 1994, c. 27, s. 123 (8).
Stay of proceedings
25.The Minister may give notice to the Municipal Board that in his or her opinion any application to the Board made under this Part should be deferred and all proceedings in any such application are stayed until the Minister gives notice to the Board that they may be continued. 1996, c. 1, Sched. M, s. 1.
Purpose of sections
25.1The purposes of sections 25.2 to 25.4 are, (a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner; (b) to facilitate municipal restructuring over large geographic areas involving counties or groups of counties, local municipalities in counties and in territorial districts and unorganized territory; and (c) to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems. 1996, c. 1, Sched. M, s. 1.
Regulations
25.4(1)The Minister may, by regulation, establish principles and standards relating to restructuring proposals under section 25.2 or 25.3. Application (2)A regulation under subsection (1) may be general or particular in its application. 1999, c. 14, Sched. F, s. 5 (11). PART II   MUNICIPAL COUNCILS — COMPOSITION Counties and Upper-Tier Municipalities
County council, composition
26.(1)The council of a county may, by by-law, change the composition and size of the council and the number of votes given to any member. Notice, public meeting (2)Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. Conditions (3)The by-law shall not come into force unless, (a) a majority of all votes on the county council are cast in its favour; (b) a majority of the councils of all the municipalities that form part of the county for municipal purposes have passed resolutions consenting to the by-law; and (c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the county. Effective date (4)A by-law that is passed under subsection (1) after January 1 in the year of a regular election does not come into force until, (a) the conditions listed in subsection (3) are satisfied; and (b) the next regular election has taken place. Transition, 1997 regular election (5)Despite subsection (4), a by-law passed under subsection (1) on or before March 31, 1997 comes into force for the 1997 regular election if the conditions listed in subsection (3) are satisfied on or before March 31, 1997. Transition, existing councils (6)Until the first by-law passed under subsection (1) comes into force in a county, the composition and size of the council and the number of votes given to each member remain as they are on the day before the coming into force of section 4 of the Better Local Government Act, 1996. Conflict (7)If there is a conflict between this section and any provision dealing with the size or composition of a county council or the number of votes given to each member that is contained in any other Act, whether public or private, this section prevails. 1996, c. 32, s. 4.
Definition
27.(1)In this section, “upper-tier municipality” means a metropolitan, regional or district municipality and the County of Oxford. Upper-tier council, composition (2)The council of an upper-tier municipality may, by by-law, change the composition and size of the council, subject to the following rules: 1. There shall be a chair. 2. Each local municipality shall be represented by at least one member. 3. The manner of election of the council of the upper-tier municipality shall not be changed. Notice, public meeting (3)Before passing a by-law under subsection (2), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. Conditions (4)The by-law shall not come into force unless, (a) a majority of all votes on the upper-tier council are cast in its favour; (b) a majority of the councils of all the local municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and (c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier municipality. Effective date (5)A by-law that is passed under subsection (2) after January 1 in the year of a regular election does not come into force until, (a) the conditions listed in subsection (4) are satisfied; and (b) the next regular election has taken place. Transition, 1997 regular election (6)Despite subsection (5), a by-law passed under subsection (2) on or before March 31, 1997 comes into force for the 1997 regular election if the conditions listed in subsection (4) are satisfied on or before March 31, 1997. Transition, existing councils (7)Until the first by-law passed under subsection (2) comes into force in an upper-tier municipality, the composition and size of the council remain as they are on the day before the coming into force of section 4 of the Better Local Government Act, 1996. Conflict (8)If there is a conflict between this section and any provision dealing with the size or composition of an upper-tier council that is contained in any other Act, whether public or private, this section prevails. Application of section (9)This section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality. Regulations (10)The Minister may, by regulation, declare that this section applies to an upper-tier municipality. 1996, c. 32, s. 4. 28.Repealed: 1996, c. 32, s. 4. Councils of Local Municipalities
Regulations
28.Repealed: 1996, c. 32, s. 4. Councils of Local Municipalities
Composition and size of council
29.(1)The council of a local municipality shall be composed of a head of council and at least four other elected members. Board of control (2)In the case of a city with a board of control, the members of the board are also members of council by virtue of their office. By-law changing number of members (3)Subject to subsection (1), the council may pass a by-law changing the number of its elected members. Representation on other councils (4)A by-law passed under subsection (3) shall not affect the municipality’s representation on a county council, a regional, district or metropolitan council or the council of the County of Oxford. Election of head of council (5)The head of council shall be elected by general vote. Other elected members (6)The elected members, other than the head of council, may be elected by general vote, by ward or by a combination of the two, in accordance with a by-law passed by council. Public notice and meeting (7)Before passing a by-law under subsection (3) or (6), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. By-law re titles (8)The council may pass a by-law adopting the following titles for its elected members: Head of council: “mayor” in English and “maire” in French. Other elected members: “councillor” in English and “conseiller” in French. Same (9)The council may pass a by-law providing for different titles than those shown in subsection (8). Conflict (10)If there is a conflict between this section and any provision dealing with the size and composition of the council, the manner of election or the titles of members of council that is contained in a public or private Act, this section prevails. Effective date (11)A by-law that is passed under this section after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act. Transition, 1997 regular election (12)Despite subsection (11), a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election. Continuation of existing composition, titles etc. (13)Until a council passes a by-law under this section after the coming into force of section 5 of the Better Local Government Act, 1996, its size and composition, the titles of its elected members and the manner of their election remain the same as they are on the day before that section comes into force. 1996, c. 32, s. 5. 30-34.Repealed: 1996, c. 32, s. 5. 35.Repealed: 1996, c. 32, s. 6. Qualifications of Member of Council
Continuation of existing composition, titles etc.
30-34.Repealed: 1996, c. 32, s. 5. 35.Repealed: 1996, c. 32, s. 6. Qualifications of Member of Council
Continuation of existing composition, titles etc.
35.Repealed: 1996, c. 32, s. 6. Qualifications of Member of Council
Qualification of candidates
36.Every person is qualified to be elected or to hold office as a member of a council of a local municipality, (a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; (b) who is not disqualified by this or any other Act from holding such office. R.S.O. 1990, c. M.45, s. 36; 1996, c. 32, s. 7. Disqualification
Persons disqualified from being members of council
37.(1)The following are not eligible to be elected a member of a council or to hold office as a member of a council: 1. Except during a leave of absence under section 30 of the Municipal Elections Act, 1996, an employee of the municipality or of a local board as defined in the Municipal Affairs Act, other than a person appointed under section 256. 2. A judge of any court. 3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada. 4. A Crown employee within the meaning of the Public Service Act who is a deputy minister or who is in a position or classification designated in the regulations made under that Act for the purposes of section 11 thereof. R.S.O. 1990, c. M.45, s. 37 (1); 1996, c. 32, s. 8 (1, 2). Disqualification (2)A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she, (a) ceases to be a Canadian citizen; (b) is not a resident in the municipality, the owner or tenant of land in the municipality or the spouse or same-sex partner of an owner or tenant in the municipality; or (c) would be prohibited under this or any other Act from voting in an election for the office of member of council of the municipality if an election was held at that time. R.S.O. 1990, c. M.45, s. 37 (2); 1999, c. 6, s. 40 (2). (3)-(9)Repealed: 1996, c. 32, s. 8 (3). PART III   VACANCIES
Vacancies
38.The seat of a member of council becomes vacant if the member, (a) becomes disqualified from holding the office of a member of council under section 37; (b) has neglected or refused to accept office or to make the prescribed declarations within the prescribed time; (c) is absent from the meetings of the council for three successive months without being authorized so to do by a resolution of the council entered upon its minutes; (d) Repealed: 1996, c. 32, s. 9. (e) resigns from his or her office and the resignation is effective under section 41; (f) is appointed to fill a vacancy in the office of mayor, reeve, deputy reeve or controller; (g) has his or her office declared vacant in any judicial proceedings; (h) forfeits his or her office under this or any other Act; or (i) dies, whether prior or subsequent to accepting office and making the prescribed declarations. R.S.O. 1990, c. M.45, s. 38; 1996, c. 32, s. 9.
County council vacancies
39.(1)If not already vacant by virtue of any Act, the seat of a reeve or deputy reeve on the council of a local municipality becomes vacant if his or her seat on the county council is declared vacant by the county council. Idem (2)Where a county council declares the seat of one of its members to be vacant and, as a result of the declaration, the seat of that member on the council of a local municipality becomes vacant under subsection (1), the county council shall forthwith cause a copy of its declaration to be forwarded to the council of the local municipality and that council shall forthwith declare the seat of the member on that council to be vacant. R.S.O. 1990, c. M.45, s. 39.
Holding more than one elective office prohibited
40.No person may hold more than one office, election to which is governed by the Municipal Elections Act, 1996, whether in the same or in two or more municipalities and, if a person is nominated for and his or her name appears on the ballots for more than one of such offices and he or she is elected to any of such offices, his or her election is void and the office is vacant. R.S.O. 1990, c. M.45, s. 40; 1996, c. 32, s. 10.
Resignation of member with consent of council
41.A member of a council, with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign from office and his or her seat on the council shall then be vacant, but the member shall not vote on a motion as to his or her own resignation and the resignation may not be accepted and is not effective if it would reduce the number of the members of the council to less than a quorum. R.S.O. 1990, c. M.45, s. 41.
Resignation of warden
42.(1)The warden of a county may resign from office by notice in writing filed with the county clerk and the office then becomes vacant. Vacancy in office of warden, how filled (2)Where from any cause a vacancy occurs in the office of warden when the council is not in session, the clerk shall forthwith notify the members of the vacancy and, if required in writing to do so by a majority of them, shall call a special meeting of the council to fill the vacancy. R.S.O. 1990, c. M.45, s. 42.
Duty of council to declare seat vacant
43.Where the seat of a member of a council becomes vacant under section 38, the council shall forthwith declare the seat to be vacant. R.S.O. 1990, c. M.45, s. 43.
Action for declaration that seat vacant
44.(1)Any elector entitled to vote at the election of members of a council may commence an application in the Ontario Court (General Division) for a declaration that the office of a member of such council has become vacant in accordance with this Act. R.S.O. 1990, c. M.45, s. 44 (1); 1996, c. 32, s. 11 (1). Time for bringing application (2)No application shall be commenced under this section more than ninety days after the facts alleged to cause the vacancy in the council came to the knowledge of the person bringing such application. R.S.O. 1990, c. M.45, s. 44 (2); 1996, c. 32, s. 11 (1). Power of court (3)Where in an application under this section, the court finds that the office of a member of the council has become vacant, the court may order that the member be removed from office and declare that the office is vacant. R.S.O. 1990, c. M.45, s. 44 (3); 1996, c. 32, s. 11 (1). Application of certain provisions of Municipal Elections Act, 1996 (4)Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act. Combining of applications (5)The application may be combined with an application under section 83 of the Municipal Elections Act, 1996; in that case, the applications shall be heard and disposed of together. 1996, c. 32, s. 11 (2). Appointments to Vacancies
Filling vacancy by appointment
45.(1)Subject to section 46, where a vacancy occurs in the office of a member of the council of a local municipality, the council at a meeting called for that purpose shall appoint a person who has consented to accept the office if he or she is appointed to fill the vacancy and, (a) in the case of the office of councillor or alderman, such person is a person qualified to hold office as a member of the council; and (b) in the case of the office of mayor, reeve, deputy reeve or controller, such person is a member of the council on the date of the appointment. Where vote to be taken by clerk (2)If more than one person is nominated for appointment to fill a vacancy under this section, a vote of the members of council shall be taken by the clerk at a regular meeting or at a special meeting called for the purpose. Majority vote required (3)A person nominated under this section who receives the votes of more than one-half the number of all members of council shall fill the vacancy for which the vote by council was held. Procedure where no majority vote obtained (4)Where a candidate for appointment under this section receiving the greatest number of votes cast does not receive more than one-half the votes of all members of council, the candidate who received the fewest number of votes shall be excluded from the voting and the vote shall be taken again by the clerk, and if necessary more than once, excluding in each successive vote the candidate who received the fewest number of votes in the preceding vote, until the candidate receiving the greatest number of votes has also received more than one-half the votes of the members of council present and voting. Idem (5)Where the votes cast in a vote under this section are equal for all the candidates, (a) if there are three or more candidates nominated or remaining, the clerk shall by lot select one such candidate to be excluded from the subsequent voting; or (b) if only two candidates remain the tie shall be broken and the vacancy shall be filled by the candidate selected by lot conducted by the clerk. Definition (6)For the purposes of subsection (5), “lot” means the method of determining the candidate to be excluded or the candidate to fill the vacancy, as the case may be, by placing the names of the candidates on equal size pieces of paper placed in a box and one name being drawn by a person chosen by the clerk. R.S.O. 1990, c. M.45, s. 45.
By-election
46.(1)If the office of a member of the council of a local municipality becomes vacant the council may, by by-law, require an election to be held to fill the vacancy, and in that case the clerk shall hold a by-election in accordance with section 65 of the Municipal Elections Act, 1996. Same (2)If a direction is given in any judicial proceeding to hold an election to fill a vacancy on a council, the clerk shall hold a by-election in accordance with section 65 of the Municipal Elections Act, 1996. Vacancy after March 31, year of regular election (3)Despite subsections (1) and (2), if a vacancy occurs in the office of a member of the council of a local municipality after March 31 in the year of a regular election, no by-election shall be held and the council shall fill the vacancy in accordance with section 45 within 45 days after the vacancy occurs; however, if the vacancy occurs less than 46 days before nomination day in the regular election, it need not be filled. 1996, c. 32, s. 12.
Term of office
47.A person appointed or elected to an office under section 45 or 46 shall hold office for the remainder of the term of the person whose place he or she is appointed or elected to fill. R.S.O. 1990, c. M.45, s. 47.
Declaration that all seats vacant
48.(1)If, because of a failure to obtain a quorum, the council of a municipality or a local board thereof is unable to hold a meeting, or a subsequent meeting within sixty days of the meeting that was not held, the Minister may by order declare all the seats of the members of the council or local board, as the case may be, to be vacant and a new election shall be held in accordance with section 65 of the Municipal Elections Act, 1996. R.S.O. 1990, c. M.45, s. 48 (1); 1996, c. 32, s. 13 (1). Interim administration (2)If the Minister makes an order under subsection (1) or the seats of a majority of the members of a council or of a local board are for any reason declared vacant, the Minister may by order provide for the fulfilling of the duties and obligations of the council or local board until such time as a new election is held in accordance with section 65 of the Municipal Elections Act, 1996, and the members so elected have taken office. R.S.O. 1990, c. M.45, s. 48 (2); 1996, c. 32, s. 13 (2). PART IV   MEETINGS OF MUNICIPAL COUNCILS First Meeting of Council
First meeting of council, local municipality
49.(1)The first meeting of the council of a local municipality after a regular election shall be held not later than the second Tuesday in December, and the meeting shall be held at 11 o’clock in the forenoon or at such hour as may be fixed by by-law. county (2)The first meeting of the council of a county after a regular election shall be held after the councils of the municipalities that form part of the county for municipal purposes have held their first meetings under subsection (1) but in any event not later than the third Tuesday in December, and the meeting shall be held at 2 o’clock in the afternoon or at such hour as may be fixed by by-law. Declarations of office before business (3)No business shall be proceeded with at the first meeting until after the declarations of office have been made by all the members who present themselves for that purpose. When council deemed organized (4)A council shall be deemed to be organized within the meaning of this Act when the declarations of office have been made by a majority of the members, and it may be organized and business may be proceeded with despite the failure of any of the other members to make such declarations. R.S.O. 1990, c. M.45, s. 49.
Certificate of election
50.A member of a county council shall not take his or her seat until the member has filed with the clerk of the county council a certificate (Form 2) under the hand of the clerk of the municipality for which he or she was elected and the seal of the corporation. R.S.O. 1990, c. M.45, s. 50.
Warden, election
51.(1)The council of a county shall, in each year of its term at its first meeting at which a majority of all the members is present, elect one of the members to be warden. R.S.O. 1990, c. M.45, s. 51 (1). Term (1.1)Despite subsection (1), the council of a county may, by by-law passed in the first year of its term before electing one of its members to be warden, provide that the term of office of warden shall be the term of office of the council of the county. Restriction on repeal (1.2)A by-law passed under subsection (1.1) shall not be repealed once a warden has been elected, until the succeeding council of the county is deemed to be organized under subsection 49 (4). 1991, c. 15, s. 2. Clerk to preside (2)The clerk shall preside or, if there is no clerk, the members present shall select a member to preside, and the person so elected may vote as a member. Election of warden (3)Subject to subsection (4) and despite section 61, the warden shall be elected in the manner provided by by-law passed by council prior to the election. Tie vote (4)In the case of an equality of votes for warden, the successful candidate shall be determined by the clerk or presiding member placing the names of the candidates on equal size pieces of paper in a box and one name being drawn by a person chosen by the clerk or presiding member. Number of votes (5)Despite this Act, for the purposes of electing the warden, each member of county council shall have one vote. R.S.O. 1990, c. M.45, s. 51 (2-5). Place of Meeting
Place of first meeting of county council
52.The first meeting of a county council shall be held at the county hall if there is one and, if there is none, at the court house. R.S.O. 1990, c. M.45, s. 52.
Subsequent meetings
53.The subsequent meetings of the county council and all meetings of every other council shall be held at such place as the council from time to time appoints. R.S.O. 1990, c. M.45, s. 53.
Location of offices, county
54.(1)The council of a county in which an urban municipality lies may hold its meetings, keep its public offices and transact all the business of the corporation and of its officers and employees within such municipality and may acquire or rent and hold such real estate therein and erect such buildings thereon as may be convenient for such purpose. township (2)The council of a township has the like power in respect of an adjacent urban municipality or township in the same county. R.S.O. 1990, c. M.45, s. 54.