jswizzle3737/ontario_laws_and_regs huggingface dataset:
Special charges to provide additional sewer or water supply capacity
218.(1)With the approval of the Municipal Board, councils of local municipalities may, by by-law, define the class or classes of buildings to be erected or enlarged after the effective date of the by-law that impose or may impose a heavy load on the sewer system or water system, or both, by reason of which expenditures are or may be required to provide additional sanitary or storm sewer or water supply capacity that in the opinion of a council would not otherwise be required, and may impose upon the owners of such buildings a special charge or charges over and above all other rates and charges to pay for all or part of the cost of providing the additional capacity. Charges to refer to specific works (2)The special charge or charges under any by-law shall refer specifically to sewage works or water works as defined in section 221, or to both, as the case may be. Application of proceeds (3)The proceeds of the charge or charges authorized by any such by-law shall be deemed to be a reserve fund established under section 163. Charges a lien on land (4)The by-law may provide that the charge or charges imposed under it are a lien upon the land on which the building is erected, and may be collected in the same manner and with the same remedies as provided by this Act for the collection of real property taxes. When charges may be made payable (5)Any charge or charges to be imposed under the by-law may be made payable on an application for a building permit or at any time thereafter. Exemptions (6)The following are exempt from any charge or charges imposed under the by-law: 1. Every building on land exempt from taxation under any general or special Act. 2. Every building on land in respect of which an agreement has been entered into with the municipality under section 51 of the Planning Act or any predecessor thereof. 3. Every building or any land in respect of which a contribution to provide sanitary or storm sewers or water supply facilities has been made within the ten years previous to the application for a building permit, to the extent of the contribution so made. 4. Every residential building having not more than two dwelling units. 5. Every building, other than a residential building, with an inside floor area of not more than 300 square metres. R.S.O. 1990, c. M.45, s. 218.
Water canals
219.(1)By-laws may be passed by the councils of local municipalities, (a) for accepting a conveyance of lands in a registered plan of subdivision used or intended to be used for or in connection with water canals; (b) for cleaning, dredging and maintaining such canals, and providing and maintaining equipment for the circulation of water in them; (c) for defining an area and providing that the cost of such cleaning, dredging, maintenance and equipment and maintenance thereof shall be levied on the rateable property in the area; (d) for providing that the whole or part of such cost shall be assessed upon the lots abutting on such canals according to the frontage thereof, and, where only part of such cost is assessed on the lots abutting such canals, the balance of the cost shall be assessed and levied on the rateable property in the area; (e) for regulating and governing the use of water canals and for limiting the speed at which any boat or other vessel may travel in such canals; and (f) for permitting the owners or lessees of lots abutting water canals conveyed to the municipality to construct, maintain and use docks or slips in such canals and for making such annual or other charge for the privilege conferred by the by-law as the council considers reasonable, and for providing that, upon the termination of such privilege, the canal shall be restored to its former condition at the expense of the owner or lessee of the land to which the privilege is appurtenant by removing the dock or slip or otherwise as may be required by the by-law. Charges (2)Such annual or other charge and any expense incurred by the corporation in restoring the water canal to its former condition is payable and payment of it may be enforced in like manner as taxes are payable and payment of them may be enforced. No liability for damages (3)The corporation is not liable for damages that may result from the construction, maintenance and use of any such dock or slip. R.S.O. 1990, c. M.45, s. 219.
Commission may manage sewage works
223.(1)By-laws may be passed by the councils of cities and towns for placing the control and management of sewage works under a commission established under the Public Utilities Act but the by-law shall not be passed without the assent of the electors. R.S.O. 1990, c. M.45, s. 223. By-law waiving assent (2)Despite subsection (1), a council may pass a by-law to eliminate the requirement to obtain the assent of the electors before passing a by-law under this section. 1996, c. 1, Sched. M, s. 11.
Other powers not affected
226, 227. Repealed: 1996, c. 1, Sched. M, s. 14.
Various by-laws
228.By-laws may be passed by the councils of counties:
Aid for animal losses due to rabies
1. For granting aid to owners of cattle, horses, goats, sheep or swine for losses caused by rabies, not in excess of the following rates for each animal:  cattle $250
horses 100
goats 40
sheep 40
swine 40
Establishment of county farms
2. For acquiring land in the county and erecting thereon farm and other buildings and for establishing, developing, improving, equipping, operating and maintaining such land and buildings as a county farm for educational, experimental and other purposes in the promotion and advancement of agriculture in all its branches, and for the issue of debentures therefor, other than for the expenses of operation and maintenance. (a) A county council that has established a county farm under this paragraph may enter into agreements with the Minister of Agriculture and Food for its development, improvement and equipment and for its operation and maintenance by or in conjunction with the Ministry of Agriculture and Food for such periods and upon such terms and conditions as from time to time may be agreed.
Fences
3. For the exercise in respect of fences along highways under the jurisdiction of the council of the powers conferred upon the councils of local municipalities by paragraph 26 of section 210.
Regulating erection of poles, towers, wires, etc., on county highways
4. Subject to the Municipal Franchises Act, for permitting and regulating the erection and maintenance of electric light, power, telegraph and telephone poles, towers and wires on, and the laying of pipes or conduits for the conveyance of water, gas or sewage under, the highways under the jurisdiction of the council.
Highways
5. For the exercise of the powers conferred upon the councils of local municipalities by paragraph 123 of section 210 in respect of highways under the jurisdiction of the council of the county.
Installation of services on county land
6. For installing services in land owned by the county in any municipality situated in the county, subject to the approval of the local municipality in which the land is situated, to assist in the disposal of the land for building purposes.
Prohibiting unauthorized parking on county property
7. For the exercise, in respect of property of the county, of the powers conferred upon the councils of local municipalities in respect of property of such municipalities by paragraph 131 of section 210 and such paragraph applies with necessary modifications. R.S.O. 1990, c. M.45, s. 228; 1996, c. 1, Sched. M, s. 15.
Definition
229.(1)In this section, “municipality” means, (a) a county or a city or other local municipality within a county that has been separated from the county for municipal purposes, (b) a local municipality in unorganized territory, (c) a metropolitan, regional or district municipality or the County of Oxford. Gypsy moth control programs (2)By-laws may be passed by the councils of municipalities for establishing and operating aerial spraying programs to control actual or potential infestations of gypsy moths. Idem (3)A program established and operated under subsection (2) shall provide that the aerial spraying shall be carried out, under contract, by a person licensed under the law of Ontario to conduct aerial spraying. Agreements with land owners (4)For the purposes of a program established and operated under subsection (2), the council of a municipality may enter agreements with an owner of land for the aerial spraying of the owner’s land and such an agreement shall provide that the municipality’s cost for the spraying of the land shall be paid before commencing the spraying. Idem (5)Where land to which an agreement under subsection (4) applies is in the possession of a tenant, the agreement shall not come into force until the tenant concurs in the agreement. Indemnity agreements (6)The council of a municipality and the Minister of Natural Resources may enter into agreements providing, subject to such terms and conditions as are set out in the agreement, for the indemnification of the municipality by the Province of Ontario for all damages and costs of proceedings resulting from a program established and operated under subsection (2). Idem (7)No aerial spraying shall be undertaken under a program established and operated under subsection (2) until an agreement, as described in subsection (6), has been entered into by the council of the municipality and the Minister of Natural Resources. R.S.O. 1990, c. M.45, s. 229.
Definition
230.(1)In this section, “municipality” includes a metropolitan, regional or district municipality or the County of Oxford. Participation in provincial programs (2)By-laws may be passed by the councils of municipalities for participating in programs which allow such participation and which are established and administered by a ministry of the Crown in right of Ontario. Agreements (3)The council of a municipality may enter into agreements with a minister of the Crown in right of Ontario to provide for the financing and operation of a program under subsection (2). R.S.O. 1990, c. M.45, s. 230.
Addition to collector’s roll of dues of members of farm organizations
231.(1)By-laws may be passed by the councils of townships for authorizing the annual dues of members of any farm organization approved by the Minister of Agriculture and Food to be entered in the collector’s roll and collected in the same manner as taxes. Limitation (2)A by-law under this section applies only where the annual dues for all members of the farm organization are uniform. Continuation of by-law (3)A by-law under this section remains in force until amended or repealed and it is not necessary to pass such by-law annually. Entry on collector’s roll (4)Upon receipt by the clerk of the township, before the certification of the collector’s roll, of written notice from a member of such a farm organization instructing that the annual dues of such member be collected in the same manner as taxes for which the member is liable, the dues of such member shall be entered in the collector’s roll in a special column designated by the name of the farm organization. Notice to discontinue (5)A member who has given a notice under subsection (4) may by similar notice require the clerk of the township to discontinue the collection of dues. Dues not charge upon land (6)Such dues do not form a charge upon land and are not subject to a penalty for non-payment. Transfer of dues (7)The treasurer of the township shall deposit the dues collected in a special account or accounts and shall from time to time pay such dues to the treasurer of the proper farm organization. R.S.O. 1990, c. M.45, s. 231.
Various by-laws
232.The council of a local municipality may pass by-laws:
Cabs, destinations outside municipality
233.Repealed: 1996, c. 1, Sched. M, s. 17.
By-laws re: municipalities less than 100,000 population
234.(1)By-laws may be passed by the councils of counties, townships, towns and villages and of cities having a population of less than 100,000, and by police services boards of cities having a population of not less than 100,000: . .  .  .  .
Prohibiting sale of refreshments on public streets, etc.
3. For prohibiting the sale of refreshments or confections, including, without limiting the generality of the foregoing, fruit, candy, peanuts, popcorn, ice cream, ice cream cones, iced milk and other iced confectionery from a basket or wagon, cart or other vehicle upon any highway or part of it or in any public park or other public place, but no by-law passed under this paragraph applies to a farmer, market gardener or other person selling or delivering goods at any place of business or residence upon such highway or part thereof. R.S.O. 1990, c. M.45, s. 234 (1); 1996, c. 1, Sched. M, s. 18. By-law to cover sales on county boundary lines (2)A by-law passed by a council of a county under paragraphs 1 to 4 of subsection (1), whether the same is mentioned or not, covers and includes the boundary line or highway between such county and an adjoining county, and a sale made on such boundary line or highway to a resident of a county in which such by-law is in force is a breach of such by-law in the same manner and with like consequence and effect as if made wholly within the county. R.S.O. 1990, c. M.45, s. 234 (2). 235.Repealed: 1996, c. 1, Sched. M, s. 19.
By-law to cover sales on county boundary lines
235.Repealed: 1996, c. 1, Sched. M, s. 19.
Various by-laws
236.A council of a local municipality may pass by-laws:
Billiard, pool and bagatelle tables
1. For licensing, regulating and governing persons who for hire or gain, and proprietary clubs, that directly or indirectly keep, or have in their possession, or on their premises, any billiard, pool or bagatelle table, or keep or have any such table, whether used or not, in a house or place of public entertainment or resort; for limiting the number of licences to be granted and the number of such tables that shall be licensed, and for revoking any such licence. Definition (a) “proprietary club” means all clubs other than those in which the use of any such table is only incidental to the main objects of the club. R.S.O. 1990, c. M.45, s. 236, par. 1; 1996, c. 1, Sched. M, s. 20 (1). 2.-5. Repealed: 1996, c. 1, Sched. M, s. 20 (2).
Definition
2.-5. Repealed: 1996, c. 1, Sched. M, s. 20 (2).
Exhibitions, bowling alleys, etc.
6. For regulating and licensing, subject to the Theatres Act, exhibitions held for hire or gain, theatres, music halls, bowling alleys, moving picture shows, public halls and all places of amusement, and for prohibiting the location of them, or a particular class of them, on land abutting on any highway or part of a highway to be named in the by-law, and for revoking any such licence. R.S.O. 1990, c. M.45, s. 236, par. 6.
Exhibitions of wax works, shows, etc.
7. For prohibiting or regulating and licensing exhibitions of wax works, menageries, circus-riding, and other like shows usually exhibited by showpersons, and for regulating and licensing roller skating rinks and other places of like amusement, and merry-go-rounds, switchback railways, carousels and other like contrivances, and for imposing penalties not exceeding the amount of the licence fee on offenders against the by-law, and for levying the same by distress and sale of the goods and chattels of the showperson or proprietor, or belonging to or used in such exhibition or show whether owned or not owned by such showperson or proprietor. (a) A licence shall not be granted for any such exhibition or show to be held on the days of the exhibition of any district or township agricultural society, within 275 metres from the grounds of the society, or for any such exhibition or show in or in connection with which gambling is carried on or goods, wares or merchandise are sold or trafficked in. R.S.O. 1990, c. M.45, s. 236, par. 7; 1996, c. 1, Sched. M, s. 20 (3). 8.-13. Repealed: 1996, c. 1, Sched. M, s. 20 (4).
Exhibitions of wax works, shows, etc.
8.-13. Repealed: 1996, c. 1, Sched. M, s. 20 (4).
Tag days
14. For fixing days when persons and organizations in charitable or patriotic work may solicit contributions of money from persons on the highways of the municipality. R.S.O. 1990, c. M.45, s. 236, par. 14.
Tourist and trailer camps
15. For licensing, regulating and governing tourist camps, trailer camps and motels. Definitions (a) In this paragraph, “tourist camp” includes auto camp and any parcel of land or premises equipped with cabins used or maintained for the accommodation of the public, and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental or use thereof; (“camp pour touriste”) “trailer camp” means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. (“camp pour roulottes”) (b) Any by-law passed under this paragraph may, among other things, i. require trailer camps to be divided into lots, each to be made available for the occupancy of one trailer, ii. provide for the issue of licences for a period of one month or longer to the owner of a trailer camp for each such lot to be made available by such owner for the occupancy of a trailer during the currency of a licence and prohibit the use of any lots for the occupancy of trailers without a licence therefor, iii. require a licence fee payable by the owner of a trailer camp for each such lot and require fees to be paid in advance but if a lot is to be made available only for occupancy by a trailer that is assessed under the Assessment Act, no licence fee shall be charged. R.S.O. 1990, c. M.45, s. 236, par. 15; 1996, c. 1, Sched. M, s. 20 (5). 16. Repealed: 1997, c. 29, s. 30 (1).
Definitions
16. Repealed: 1997, c. 29, s. 30 (1).
Transient traders
17. For licensing, regulating and governing transient traders. For the purpose of this paragraph, Definition (a) “transient trader” means a person who offers goods, wares or merchandise for sale in any manner in the municipality, i. other than on a permanent basis, or ii. on a permanent basis if the total time the person has operated the business on a permanent basis and the time the person continuously resided in the municipality immediately before beginning to operate the business on a permanent basis is less than three months. Stock of insolvent (b) The by-law does not apply to the sale of the stock of a bankrupt or an insolvent, within the meaning of any bankruptcy or insolvency Act in force in Ontario, nor to the sale of any stock damaged by or by reason of fire, which is being sold or disposed of within the municipality in which the business was being carried on at the time of the bankruptcy, insolvency or fire, so long as no goods, wares or merchandise are added to such stock. Sale of business (c) The by-law does not apply to the sale of a business to a purchaser who continues the business. . .  .  .  . Credit of fees on taxes (f) The licence fee shall be applied on account of taxes payable on the land used for the purposes of or in connection with the business if the land is owned by the person carrying on the business during the year in which the license was issued and five years thereafter. Offence (g) Every transient trader who carries on business without a licence is guilty of an offence. Licence to be displayed (h) Every transient trader shall cause the licence to be prominently and permanently displayed in the transient trader’s place of business during the full term in which the transient trader is carrying on business as a transient trader and in default thereof is guilty of an offence. Application for licence to contain certain information (i) Every applicant for a transient trader’s licence shall as part of the application for such licence furnish a statement in writing containing a full description of the goods, wares or merchandise that the transient trader proposes to sell or offer for sale under such licence. R.S.O. 1990, c. M.45, s. 236, par. 17; 1996, c. 1, Sched. M, s. 20 (6); 1997, c. 29, s. 30 (2, 3). 18. Repealed: 1996, c. 1, Sched. M, s. 20 (7).
Application for licence to contain certain information
18. Repealed: 1996, c. 1, Sched. M, s. 20 (7).
Bands of music
237.By-laws may be passed by the council of a local municipality regulating or prohibiting the playing of bands and of musical instruments on any highway, park or public place. 1996, c. 1, Sched. M, s. 21. 238.Repealed: 1996, c. 1, Sched. M, s. 21.
Bands of music
238.Repealed: 1996, c. 1, Sched. M, s. 21.
Regulating traffic and parades
239.(1)By-laws may be passed by police services boards of cities and by the councils of towns, villages and townships for regulating parades or processions on highways and, from time to time and as occasion may require, prescribing the routes of travel to be observed by all vehicles, horses and persons upon the highways, and preventing the obstruction of the highways during public processions or public demonstrations, and for giving directions to police officers for keeping order, and preventing any collision or obstruction of traffic at the intersections or other frequented portions of the highways, on all occasions when the highways are thronged or liable to obstruction. Limitation, street railways (2)This section does not affect the right, if any, of a street railway company to regulate the routes of its cars and no regulation or direction that may affect a street railway company shall be made or given until the company has been afforded an opportunity of being heard. R.S.O. 1990, c. M.45, s. 239.
Definitions
240.(1)In this section, “group home” means a residence that is licensed or funded under an Act of the Parliament of Canada or the Province of Ontario for the accommodation of three to ten persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being; (“foyer de groupe”) “registrar” means the person designated as the registrar of group homes by the council of a local municipality. (“registrateur”) Registration of group homes (2)The council of every local municipality may pass by-laws, (a) providing for the registration and the annual renewal of registration, with the registrar, of group homes or such class or classes thereof as may be set out in the by-law; (b) prohibiting any person from owning or operating a group home that is not registered in accordance with a by-law passed under this section; (c) fixing fees for the registration and renewal of registration of group homes; and (d) authorizing the registrar to register and renew registrations required by a by-law passed under clause (a). Duty of registrar (3)Where an application is made to the registrar of a municipality in the form prescribed by a by-law of the municipality under subsection (2) for the registration or renewal of registration of a group home, the registrar shall register or renew the registration, as the case may be, of the group home. Inspection (4)Where the registrar has reasonable and probable grounds to believe that any person is operating a group home that is not registered in accordance with a by-law passed under this section, the registrar or a person acting on his or her instructions may, under the authority of a search warrant issued under the Provincial Offences Act, enter and inspect the property for the purpose of determining whether or not the property is being used as a group home. Restricted area by-law required (5)No council may pass by-laws under this section unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality. R.S.O. 1990, c. M.45, s. 240.
County council to make provision for destitute mental defectives, etc.
241.The council of every county shall make provision for the whole or partial support within the county of such mentally ill, mentally defective or epileptic destitute persons as cannot be admitted to an institution within the meaning of the Mental Hospitals Act, and shall determine the sums to be paid for such support and the persons to whom the same shall be paid. R.S.O. 1990, c. M.45, s. 241.
Remuneration of councillors
242.(1)Despite any general or special Act, the council of a municipality may pass by-laws for paying remuneration to the members of council, and such remuneration may be determined in any manner that council considers advisable. Idem (2)The remuneration to be paid may be determined in different manners and be of different amounts for different members of council. R.S.O. 1990, c. M.45, s. 242.
Expenses
243.(1)Despite any general or special Act, the council of a municipality may provide by by-law for paying in whole or in part such expenses of the members of council and of the officers and employees of the municipality as are actually incurred as a result of their acting either within or outside the municipality in their capacity as members of council or officers of the municipal corporation or employees of the municipality and as are authorized by the by-law. Maximum amounts (2)A by-law passed under subsection (1) may set maximum amounts or rates that may be paid in respect of any expense for which payment is authorized by the by-law. Expense allowances (3)A by-law passed under subsection (1) may provide for the payment of a specified amount or amounts calculated according to a specified rate in lieu of the amount of actual expenses incurred in respect of items of expenditure specified in the by-law where the specified amounts or rates, in the opinion of the council, reasonably reflect the actual expenses that would be incurred. R.S.O. 1990, c. M.45, s. 243.
Remuneration of council members as local board members
244.(1)Despite any general or special Act, the council of a municipality may pass by-laws for paying remuneration to a member of council or other person who has been appointed by the council to serve as a member of a local board, as defined in the Municipal Affairs Act, or of any other body, in respect of services as a member of that board, or other body, and to a member of council who serves pursuant to this or any other general or special Act, as a member by virtue of office of such a local board or other body, and such remuneration may be determined in any manner that council deems advisable. Definition (2)For the purposes of subsection (1) and sections 245, 247 and 248, “other body” does not include a county, or a regional, district or metropolitan municipality or the County of Oxford. Application of s. 242 (2) (3)Subsection 242 (2) applies with necessary modifications to a by-law passed under subsection (1) for paying remuneration to persons mentioned in that subsection. Definitions (4)In subsection (1), “local board” or “other body” does not include a public utilities commission or a hydro-electric commission. R.S.O. 1990, c. M.45, s. 244.
Expense allowances
245.Despite any general or special Act, the council of a municipality may provide by by-law for paying such expenses of persons mentioned in subsection 244 (1) as are actually incurred as a result of their acting in their capacity as members of the local board or other body, and as are authorized by the by-law, and subsections 243 (2) and (3) apply with necessary modifications to a by-law passed under this section. R.S.O. 1990, c. M.45, s. 245.
Remuneration or expenses not to be paid by local board
246.(1)Despite any general or special Act but subject to subsection (2), no remuneration or expense shall be paid by a local board to a person mentioned in subsection 244 (1) or subsection 248 (1) in respect of his or her membership on the local board. Payment of chair and vice-chair (2)Despite subsection (1), where a person mentioned in subsection 244 (1) or subsection 248 (1) is the chair or vice-chair of a local board, the board may provide for the payment to such chair or vice-chair of such remuneration and expenses as may be established by the council of the municipality, or, where more than one municipality is concerned, as established by the board, and such remuneration or expenses may be in addition to the remuneration or expenses paid to such person under any other section of this Act or under any other general or special Act in respect of his or her membership on the board. R.S.O. 1990, c. M.45, s. 246.
Statement by treasurer
247.(1)The treasurer of every municipality shall on or before the 28th day of February in each year submit to the council of the municipality an itemized statement of the remuneration and expenses paid to each member of council in respect of his or her services as a member of council or as an officer of the municipal corporation in the preceding year and to each person mentioned in subsection 244 (1) in respect of his or her services as a member of the local board or other body in the preceding year. Idem (2)A statement submitted under subsection (1) shall also indicate the by-law or resolution and the statutory provision under the authority of which the remuneration or expenses were paid. Statements by local boards (3)Where in any year a local board or other body pays remuneration or expenses to a member of the local board or body who was appointed by a municipality or who is a member by virtue of his or her membership on a municipal council, the local board or body shall, on or before the 31st day of January in the next following year, submit to the treasurer of the municipality that the member represents a statement of the remuneration and expenses so paid and the statement shall be itemized to the extent required by the treasurer of the municipality. R.S.O. 1990, c. M.45, s. 247.
Agreement re expenses
248.(1)Where two or more municipalities are to be considered as one municipality for the purpose of appointing one or more persons as a member of a local board or other body, those municipalities may by agreement provide for determining and paying the remuneration and expenses of such persons and for apportioning the costs of the payment among each of them. Application of ss. 244, 245, 247 (2)Sections 244 and 245 apply with necessary modifications to the powers conferred on the two or more municipalities mentioned in subsection (1), and section 247 applies with necessary modifications to the treasurer of each of such two or more municipalities. R.S.O. 1990, c. M.45, s. 248.
Remuneration where two or more municipalities appoint members of local board
249.(1)Despite sections 244 and 248, where two or more municipalities appoint members to the same local board, as defined in the Municipal Affairs Act, a majority of the municipalities represented by at least one-half of the total number of members on the local board may, by a resolution passed by the council of each municipality on or before the 15th day of February in each year, establish the remuneration to be paid to all members of the local board appointed by municipal councils in respect of their service as a member of that local board. Idem (2)A resolution passed under subsection (1) may establish different amounts for or different manners of remunerating different members of the same local boards. Expenses (3)Despite sections 245 and 248, subsection (1) applies with necessary modifications to the establishment of the expenses payable to members of the local board where the expenses are incurred as a result of the persons acting in their capacity as members of the local board, and subsections 243 (2) and (3) apply with necessary modifications to a resolution passed under this subsection. Definition (4)For the purposes of this section, “local board” does not include a public utilities commission or a hydro-electric commission. Other members (5)This section applies with necessary modifications to a member of council who serves pursuant to this or any other general or special Act as a member by virtue of office of such local board. Where no resolution (6)Where no resolution is passed on or before the 15th day of February as provided in subsection (1), a person described in subsection (1) shall be paid such remuneration as was established for the person or his or her predecessor for the preceding year and shall be paid his or her expenses in accordance with the method of reimbursement established for the person or predecessor for the preceding year, whether the remuneration and expenses were established by the local board or the municipality appointing the person. Amounts not to be included (7)For the purposes of subsection (6), amounts paid under subsection 246 (2) shall not be included as remuneration or expenses established for the preceding year. Payment by local board (8)Despite this Act, but subject to subsection 246 (2), the remuneration and expenses of a person described in subsection (1) shall be established in accordance with this section and shall be paid by the local board out of the funds of the local board and not by the council of the municipality that appointed the person to the board. Definition (9)In this section, “municipality” includes a regional, metropolitan and district municipality and the County of Oxford. R.S.O. 1990, c. M.45, s. 249.
Conservation authorities
250.(1)Despite sections 244 to 249, a conservation authority is responsible for establishing and paying the remuneration and expenses of the members of the conservation authority appointed by its participating municipalities, unless the conservation authority on or before the 15th day of November in the year preceding the year for which such resolution applies passes a resolution transferring the responsibility for establishing remuneration and expenses to the participating municipalities, in which case the remuneration and expenses shall be established and paid in accordance with section 249. Effective date of resolution (2)A resolution passed by a conservation authority under subsection (1) in any year shall take effect on the 1st day of January in the immediately following year. R.S.O. 1990, c. M.45, s. 250.
Accident, etc., insurance re members of council and local boards
251.(1)The council of a municipality may pass by-laws for providing by contract with an insurer licensed under the Insurance Act, (a) group accident insurance to indemnify any member of council or of a local board of the municipality, or his or her estate, against loss in case the member is accidentally killed or injured; and (b) group public liability and property damage insurance to indemnify any member of council or of a local board of the municipality, or his or her estate, in respect of loss or damage for which the member has become liable by reason of injury to persons or property or in respect of loss or damage suffered by reason of injury to his or her own property, while travelling on the business of the corporation or the local board or in the performance of duties as a member of council or of the local board either within or outside the municipality. Idem (2)Where a local board is composed of members appointed by the councils of two or more municipalities, each council shall have in respect of the members appointed by it all the powers for providing insurance for a member of a local board that are conferred on a council by subsection (1). R.S.O. 1990, c. M.45, s. 251.
Liability insurance, payment of damages, etc.
252.(1)The council of every municipality may at any time pass by-laws, (a) for contracting for insurance; (b) despite the Insurance Act, to enable the municipality to act as an insurer; and (c) for exchanging with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act, for the purpose of protecting the members of the council or of any local board thereof, as defined in the Municipal Affairs Act, against risks that may involve liability on the part of the members and for paying premiums therefor or for paying any damages or costs awarded against any such members or expenses incurred by them as a result of any action or other proceeding, except a proceeding brought under the Municipal Conflict of Interest Act, arising out of acts or omissions done or made by them in their capacity as members or officers of the municipality or local board including while acting in the performance of any statutory duty or for paying any sum required in connection with the settlement of an action or other proceeding and for assuming the cost of defending the member in such an action or other proceeding. Exception re Insurance Act (2)The Insurance Act does not apply to a municipality acting as an insurer for the purposes of this section. R.S.O. 1990, c. M.45, s. 252 (1, 2). Investment of funds (3)Despite subsections 387 (1) and (2) of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in such securities as a municipality may invest in under subsection 167 (2) of this Act. R.S.O. 1990, c. M.45, s. 252 (3); 1996, c. 32, s. 53 (1). Reserve fund (4)The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange agree in writing and if section 386 of the Insurance Act is complied with. Local boards (5)A local board has the same powers to provide insurance for or to make payments to or on behalf of its members as are conferred upon the council of a municipality under this section in respect of its members. Former members of council (6)A by-law passed under this section may provide that it applies to a person who was a member of council or a local board, as the case may be, at the time the cause of action or other proceeding arose but who prior to judgment or other settlement of the action or proceeding has ceased to be a member of the council or local board. Application (7)This section does not apply to an act or omission that occurred prior to the 15th day of December, 1978. R.S.O. 1990, c. M.45, s. 252 (4-7).
Insurance, hospitalization, etc.
253.The council of every municipality may pass by-laws for providing for any or all of the members of council any benefits that may be provided for the employees of a municipality under paragraphs 48 and 49 of section 207 and for any other benefits of a like nature that the council considers appropriate. R.S.O. 1990, c. M.45, s. 253.
Remuneration and expenses for certain local board members
254.(1)Despite any other general or special Act, a local board, as defined in the Municipal Affairs Act, of a municipality, may provide for the payment of such salary, expenses or allowances for the members thereof that do not come within the class of persons mentioned in subsection 244 (1), as may be established by the council of the municipality or, where more than one municipality is concerned, by the council designated by the Ministry. R.S.O. 1990, c. M.45, s. 254 (1); 1993, c. 27, Sched. Excluded members (2)No payments shall be made under subsection (1) to, (a) the members of a school board; (b) the members of a hydro-electric commission; (c) the members of a public utilities commission; (d) the trustees of a police village; or (e) the members of a board of trustees of a police village. R.S.O. 1990, c. M.45, s. 254 (2).
Expense allowance
255. (1)Despite this Act or any other general or special Act, where an elected member of a council of a municipality or a local board, as defined in the Municipal Affairs Act, is, under a by-law or resolution of the council or such local board, paid a salary, indemnity, allowance or other remuneration, one-third of such amount shall be deemed to be for expenses incident to the discharge of his or her duties as a member of the council or such local board. R.S.O. 1990, c. M.45, s. 255. Resolution in 2002 (2) Subsection (1) ceases to apply to elected members of the council of a municipality or its local boards on January 1, 2003 unless the municipality passes a resolution before January 1, 2003 stating its intention that one-third of the remuneration paid to the elected members of the council and its local boards shall continue as expenses incident to the discharge of their duties as members of the council or local board. 2001, c. 25, s. 478 (10). Resolution of upper-tier (3) A regional municipality, district municipality and the County of Oxford may pass a resolution stating its intention that one-third of the remuneration paid to the elected members of the council and its local boards shall continue as expenses incident to the discharge of their duties as members of the council or local board. 2002, c. 17, Sched. C, s. 16 (1). Definition (4) In subsections (2) and (3), “local board” does not include a school board. 2002, c. 17, Sched. C, s. 16 (1).
Appointment of member of council as commissioner, etc.
256.A member of the council of a village or township having a population of 3,000 or less may be appointed commissioner, superintendent or overseer of any work, other than a highway, undertaken wholly or in part at the expense of the corporation, and may be paid the like remuneration for his or her services as if he or she were not a member of the council. R.S.O. 1990, c. M.45, s. 256.
Expenses for entertaining guests
257.Despite any general or special Act, the council of any municipality may spend in any year such sum as it may determine for the reception or entertainment of persons of distinction or the celebration of events or matters that the council considers to be of interest or importance. R.S.O. 1990, c. M.45, s. 257. PART XVII.1   GENERAL LICENSING POWERS
Definition
257.1 (1)In this Part, “business” means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of sale or hire of samples, patterns or specimens of any goods and an activity or thing a local municipality may license under paragraph 6 or 7 of section 236 but does not include, (a) a manufacturing activity or an industry, except to the extent that it sells its products or raw material by retail, (b) the selling of goods by wholesale, or (c) the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources. Interpretation (2)For the purposes of subsection 257.2 (1), a business shall be deemed to be carried on within a municipality if any part of the business is carried on within the municipality even if the business is being carried on from a location outside the municipality. 1996, c. 1, Sched. M, s. 22.
Licensing by-laws
257.2(1)Subject to the Theatres Act and the Retail Business Holidays Act, the council of a local municipality may pass by-laws for licensing, regulating and governing any business carried on within the municipality. 1996, c. 1, Sched. M, s. 22. Powers re: licences (2)Without limiting subsection (1), the power to license, regulate and govern a business under subsection (1) includes, (a) the power to prohibit the carrying on of or engaging in the business without a licence; (b) the power to grant or refuse to grant a licence; (c) the power to fix the time for which the licence shall be in force; (d) the power to revoke or suspend a licence; (e) the power to define classes of businesses and to separately license, regulate and govern each class; (f) the power to impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, including conditions, (i) requiring the payment of licence fees, (ii) restricting the hours of operation of the business, (ii.1) requiring the premises of the business, or a part of the premises, to be accessible to persons with disabilities, and (iii) requiring the persons carrying on or engaged in the business to allow the municipality at any reasonable time to inspect places or premises used in the carrying on of the business and the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on of the business; (g) the power to impose special conditions on a business in a class that have not been imposed on all of the businesses in that class as a requirement of obtaining, continuing to hold or renewing a licence of the business; (h) the power to impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; (i) the power to licence, regulate or govern the place or premises used in the carrying on of the business and the persons carrying it on or engaged in it; (j) the power to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on of or engaging in the business; and (k) the power to exempt any business or person from all or any part of the by-law. 1996, c. 1, Sched. M, s. 22; 2001, c. 32, s. 29 (1). Licence fees (3)In setting the amount of fees to be charged for a licence, the council shall take into account the costs of administering and enforcing the by-laws of the municipality licensing businesses. 1996, c. 1, Sched. M, s. 22. Limitation (4)A council shall not refuse to grant a licence to carry on or engage in any business by reason only of the location of the business if the business was being carried on or engaged in at that location at the time the by-law requiring the licence came into force. 1996, c. 1, Sched. M, s. 22. Expiry of a by-law (5)A by-law of a local municipality licensing a business under this Act expires the earlier of five years after it comes into force or the day it is repealed. 1996, c. 1, Sched. M, s. 22. Amendments (6)Amendments to a by-law licensing a business do not affect the term of the by-law as set out in subsection (5). 1996, c. 1, Sched. M, s. 22.
Consultation
257.2.1 (1) Without limiting the power of a municipality to consult with the public, the council of a local municipality may seek the view of members of the public before, (a) passing a by-law licensing a business under section 257.2; or (b) issuing, renewing, revoking, imposing conditions on or suspending a business licence for an adult entertainment parlour, a body rub parlour, a rave or any other business. 2001, c. 25, s. 478 (11). Definitions (2) In this section, “adult entertainment parlour” means an adult entertainment parlour as defined in subsection 225 (9); (“local de divertissement pour adultes”) “body rub parlour” means a body rub parlour as defined in subsection 224 (9). (“salon de massage”) 2001, c. 25, s. 478 (11).
Exercise of power
257.3 The exercise of a power under clause 257.2 (2) (b), (d) (g) or (h) is in the discretion of the council, which discretion shall be exercised, (a) upon such grounds as are set out in the by-law; or (b) upon the ground that the conduct of a person, or in the case of a corporation, the conduct of its officers, directors, employees or agents affords reasonable grounds for belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity. 1996, c. 1, Sched. M, s. 22.
Delegation
257.4 The council of a city may pass a by-law to delegate to the police services board the power to license, regulate and govern a business specified in the by-law for all or that part of the city over which the police services board has jurisdiction and, for that purpose, this Part applies with necessary modifications to the police services board. 1996, c. 1, Sched. M, s. 22.
Regulations
257.5(1)The Minister may make regulations exempting any business or class of business from all or any part of a business licensing by-law of a local municipality under any Act, and imposing conditions and limitations on the powers of a local municipality under this Part. Same (2)A regulation under this section may, (a) be retroactive for a period not exceeding one year; (b) require a local municipality to return licence fees collected during that period; and (c) require a local municipality to use the licence fees in the prescribed manner. Scope (3)A regulation under this section may be general or specific in its application and may be restricted to those local municipalities specified in the regulation. 1996, c. 1, Sched. M, s. 22.