jswizzle3737/ontario_laws_and_regs huggingface dataset:
Hearings by committee authorized
105.(1)Where the council of a municipality is required by law to hear interested parties or to afford them an opportunity to be heard before doing any act, passing a by-law, or making a decision, the council may provide by by-law for a committee of the council to hear such parties or afford them an opportunity to be heard in the place of the council, and, where a hearing is conducted or an opportunity to be heard is afforded by a committee under such a by-law in respect of any matter, the council may do the act, pass the by-law, or make the decision in respect of which the hearing was held or the opportunity for a hearing afforded without being required to hold a hearing or afford an opportunity for a hearing in respect of such matter. Report by committee (2)Upon the conclusion of a hearing conducted by a committee under a by-law passed under subsection (1), the committee shall as soon as practicable make a written report to the council summarizing the evidence and arguments presented by the parties, the findings of fact made by the committee and the recommendations, if any, of the committee with reasons therefor on the merits of the application in respect of which the hearing has been conducted. Authority of council (3)After considering the report of the committee, the council may thereupon in respect of such application do any act, pass any by-law or make any decision that it might have done, passed or made had it conducted the hearing itself. Application of Statutory Powers Procedure Act (4)Where a committee conducts a hearing in respect of any matter pursuant to a by-law passed under this section, and where the decision to be exercised by the council in respect of the matter is a statutory power of decision within the meaning of the Statutory Powers Procedure Act, sections 5 to 15 and 21 to 24 of the Statutory Powers Procedure Act apply to the committee and to the hearing conducted by it but those sections, except for section 24, do not apply to the council in the exercise of its power of decision in respect of such matter. R.S.O. 1990, c. M.45, s. 105.
Council a continuing body
106.Proceedings begun by one council may be continued and completed by a succeeding council. R.S.O. 1990, c. M.45, s. 106.
Certain acts not to be done by councils after polling day
107.(1)The council of a local municipality shall not, after the day the poll is held for the election of the new council, or, where all members of council are elected by acclamation, after the day the candidates are declared elected under section 37 of the Municipal Elections Act, 1996, (a) pass any by-law, except a by-law with respect to an undertaking, work, project, scheme, act, matter or thing that has been approved by the Municipal Board, or resolution for, or that involves, directly or indirectly, the payment of money other than that provided in the estimates for the current year; (b) enter into any contract or obligation on the part of the corporation; (c) appoint to or dismiss from office any officer under the control of the council; or (d) do any other corporate act, except in case of extreme urgency, or unless the act is one that the council is required by law to do or is one that the council is authorized to do by a resolution or by-law passed before the day the poll is held or the day the members of council are declared elected under section 37 of the Municipal Elections Act, 1996. R.S.O. 1990, c. M.45, s. 107 (1); 1996, c. 32, s. 15. Application of subs. (1) (2)Subsection (1) does not apply if the new council that will take office after the poll or acclamation will be composed of not less than three-quarters of the members of the council as composed at the time of the poll or acclamation. R.S.O. 1990, c. M.45, s. 107 (2).
Fiscal year
108.(1)Subject to subsections (2), (2.1) and (2.2), but despite any other provision of this Act or any general or special Act, the fiscal year of every municipality and local board, as defined in the Municipal Affairs Act, is the calendar year from the 1st day of January to the 31st day of December and the accounts referred to in section 90 are those of the next preceding fiscal year. R.S.O. 1990, c. M.45, s. 108 (1); 1997, c. 31, s. 155 (3). Fiscal year for municipal public hospitals (2)The fiscal year of every public hospital owned by the corporation of a municipality shall be the fiscal year of a public hospital as prescribed under the Public Hospitals Act. R.S.O. 1990, c. M.45, s. 108 (2). School board fiscal year (2.1)The fiscal year of a board, as defined in subsection 1 (1) of the Education Act, is the year from September 1 to August 31. Exception (2.2)Despite subsection (2.1), January 1, 1998 to August, 31, 1998 shall be deemed to be a fiscal year of a board as defined in subsection 1 (1) of the Education Act. 1997, c. 31, s. 155 (4). Annual statement or report (3)Despite this or any general or special Act where an estimate of expenditures, revenue or capital or an annual statement or report, including a report of an auditor, in respect of a public hospital mentioned in subsection (2) is required to be prepared by any special Act, such estimate, statement or report shall be prepared in respect of the fiscal year as prescribed under the Public Hospitals Act and not in respect of the calendar year and the date upon or prior to which such an estimate shall be prepared and certified for the consideration of a board of control or a council of a municipality shall be the 1st day of March in each year, or such other date as the council may by by-law provide, and the date upon or prior to which such annual report or statement shall be prepared and submitted to a board of control or a council of a municipality shall be the 15th day of May or such other date as the council may by by-law provide. R.S.O. 1990, c. M.45, s. 108 (3). Application of s. 162 (1) (4)Despite this or any general or special Act, where the council of a municipality has considered the estimates of a public hospital referred to in subsection (3) and has determined the sum to be levied by it for the purposes of such hospital for the fiscal year of the hospital, that sum shall be deemed to be the sum required by law to be provided by the council for the hospital for purposes of sections 365 and 367. R.S.O. 1990, c. M.45, s. 108 (4); 1997, c. 5, s. 42. 109., 109.1Repealed: 1996, c. 1, Sched. M, s. 3.
Application of s. 162 (1)
109., 109.1Repealed: 1996, c. 1, Sched. M, s. 3.
Granting monopolies prohibited
110.(1)Subject to section 119, and to section 6 of the Ferries Act and to section 100 of the Telephone Act, a council shall not confer on any person the exclusive right of exercising, within the municipality, any trade, calling or business, or impose a special tax on any person exercising it, or require a licence to be taken for exercising it, unless authorized or required by this or any other Act so to do; but the council may require a fee to be paid to the proper officer for a certificate of compliance with any regulations in regard to the trade, calling or business. R.S.O. 1990, c. M.45, s. 110 (1); 1996, c. 1, Sched. M, s. 4. Limiting number of pool and billiard tables and licences (2)This section does not prevent the council under the powers conferred by paragraph 1 of section 236 from limiting the number of licences and the number of tables to such number as the council considers fit even if the number is limited to one. R.S.O. 1990, c. M.45, s. 110 (2).
General power to make grants
113.(1)Despite any special provision in this Act or in any other general or special Act related to the making of grants or granting of aid by the council of a municipality, the council of every municipality may, subject to section 111, make grants, on such terms and conditions as to security and otherwise as the council may consider expedient, to any person, institution, association, group or body of any kind, including a fund, within or outside the boundaries of the municipality for any purpose that, in the opinion of the council, is in the interests of the municipality. Loans, guarantees, etc. (2)The power to make a grant includes, (a) the power to guarantee a loan and to make a grant by way of loan and to charge interest on the loan; (b) the power to sell or lease land for nominal consideration or to make a grant of land, where the land being sold, leased or granted is owned by the municipality but is no longer required for its purposes, and includes the power to provide for the use by any person of land owned or occupied by the municipality upon such terms and conditions as may be fixed by the council; (c) the power to sell, lease or otherwise dispose of, at a nominal price, or to make a grant of, any furniture, equipment, machinery, vehicles or other personal property of the municipality or to provide for the use thereof by any person on such conditions as may be fixed by the council; and (d) the power to make donations of foodstuffs and merchandise purchased by the municipality for such purpose. R.S.O. 1990, c. M.45, s. 113 (1, 2). (3)Repealed: 1996, c. 32, s. 17. Definitions (4)In this section, “land” includes a building or structure or a part thereof; (“bien-fonds”) “person” includes a municipality as defined in the Municipal Affairs Act and includes a metropolitan, regional and district municipality and the County of Oxford. (“personne”) R.S.O. 1990, c. M.45, s. 113 (4).
Awards and competitions
114.The council of every municipality may provide for, (a) offering awards and gifts to persons whose actions or achievements are, in the opinion of council, worthy of note; and (b) establishing competitions and awarding prizes therefor. R.S.O. 1990, c. M.45, s. 114.
Fellowships, etc.
115.(1)The council of every municipality may pass by-laws for providing fellowships, scholarships and other similar prizes and for paying all or part of the costs incurred or to be incurred by any person, including an officer or employee of the municipality, as a result of his or her attendance at an educational institution or enrolment elsewhere in any program or course of instruction, training or education. Definition (2)In this section, “costs” includes tuition fees, costs of books and other materials used in connection with a course or program, and costs of food, travel and accommodation. R.S.O. 1990, c. M.45, s. 115.
Special rates re exempt lands in defined areas
118.Where, after the 1st day of June, 1965, a by-law under paragraph 58 of section 210 or section 221 is passed imposing a special rate or levy within a defined area and there are in such defined area lands as defined in the Assessment Act that are exempt from taxation, that part of the cost of the work for which the special rate or levy is made that would be chargeable to such exempt lands if they were not exempt from taxation shall be levied against all the rateable property in the municipality. R.S.O. 1990, c. M.45, s. 118.
Exclusive right to maintain waste-paper boxes on streets
119.(1)The council of a city may grant to any person, upon such terms and conditions as may be considered expedient, the exclusive right to place and maintain, for any period not exceeding ten years, waste-paper boxes on the street corners or elsewhere in the city, under and subject to the direction of the city engineer and the approval of the council. Location of boxes (2)The location of the boxes is subject to change from time to time at the expense of the grantee, by whom the boxes shall be kept clean and the collections therein removed to the satisfaction of the city engineer and as often as he or she may direct. Power to control and collect fees (3)The council may, (a) regulate and control the type of construction of such boxes and from time to time vary and change the locations thereof; (b) allow the placing of advertisements thereon and regulate the wording thereof and prohibit the placing of objectionable matter thereon; (c) fix and collect an annual fee from the owner thereof for the privilege granted; (d) keep such boxes clean and undertake the removal of the waste deposited therein. R.S.O. 1990, c. M.45, s. 119.
Joint works and undertakings
120.The council of a municipality may pass by-laws for entering into and performing any agreement with any other council for fulfilling, executing or completing, at their joint expense and for their joint benefit, any undertaking, work or project within the jurisdiction of the council. R.S.O. 1990, c. M.45, s. 120.
Definition
121.(1)In this section, “Crown” means Her Majesty the Queen in right of Ontario and includes any agency, board or commission thereof. Agreements with Crown (2)A municipality and the Crown may enter into and perform agreements on such terms and conditions as may be set out in the agreement, (a) for the use of any of the property of the municipality or of the Crown; (b) for the use of the services of any of the officers or employees of the municipality or of the Crown; (c) for the supply of any service under the jurisdiction of the municipality; (d) for jointly acquiring property. Jurisdiction (3)For the purposes of carrying out agreements entered into under this section, the territorial jurisdiction of the council of a municipality is not confined to the municipality that it represents. R.S.O. 1990, c. M.45, s. 121. 122.Repealed: 1996, c. 32, s. 18.
Jurisdiction
122.Repealed: 1996, c. 32, s. 18.
Debentures for joint undertakings
124.(1)If this Act or any other general Act authorizes or requires two or more municipalities to provide money for any purpose jointly, the municipalities may agree to authorize one of them to issue debentures for the whole or any part of the amount required. Payment to issuing municipality (2)If a municipality has issued debentures under an agreement made under subsection (1) for money to be raised by another municipality, the other municipality shall in each year during the currency of the debentures, before the date a payment of principal or interest becomes due under the debentures, make a payment to the treasurer of the issuing municipality. Amount (3)The amount of each payment to the issuing municipality shall be sufficient to pay the other municipality’s share of the principal and interest becoming due. Special rate (4)The other municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the issuing municipality. Conflict (5)If there is a conflict between this section and any other provisions of this or any other Act that apply to the borrowing or providing of money or the issuing of debentures by two or more municipalities, the other provisions prevail. 1996, c. 32, s. 20.
Definition
125.(1)In this section, “municipality” means a municipality forming part of a county for municipal purposes. 1996, c. 32, s. 21 (1). Request to county to issue debentures (2)Where, under this or any other general Act, a municipality is authorized or required to provide money for any purposes, and it is necessary to raise such money by the issue of debentures, the council of the municipality may by resolution request the council of the county in which it is situate to raise such money by the issue of debentures of the county. County may issue debentures (3)The council of the county shall consider the request at its next meeting following the receipt thereof, and if it approves the request, the council of the county may issue the debentures. Proceeds (4)Where, under subsection (3), a county has raised money for the purposes of a municipality by the issue and sale of debentures, by the hypothecation of debentures, or by temporary borrowings pending the issue and sale of debentures, the county shall pay over such money to the municipality from time to time as the municipality requires. R.S.O. 1990, c. M.45, s. 125 (2-4). Payment (5)If a county has issued debentures under subsection (3), the municipality shall in each year during the currency of the debentures, before the date a payment of principal or interest becomes due under the debentures, make a payment to the treasurer of the county. Amount (6)The amount of each payment to the county shall be sufficient to pay the municipality’s share of the principal and interest becoming due. Special rate (7)The municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the county. 1996, c. 32, s. 21 (2).
Acquisition of property during emergency
126.Where there is a declaration of emergency under subsection 17 (1), 28 (1) or 38 (1) of the Emergencies Act (Canada), the meetings of any municipal council may be held at any convenient location within or outside the municipality, and the council of a municipality may acquire and hold such land at such locations and erect such buildings thereon as may be convenient for such purpose and for any other purpose of the municipality. R.S.O. 1990, c. M.45, s. 126. Authentication of By-laws
How by-laws to be authenticated
127.(1)Every by-law shall be under the seal of the corporation, and shall be signed by the head of the council or by the presiding officer at the meeting at which the by-law was passed and by the clerk. Proof of seal or signature not required (2)Every by-law purporting to be so sealed and signed, when produced by the clerk or any officer of the corporation charged with the custody of it, shall be received in evidence in all courts without proof of the seal or signature. Omission to affix seal (3)Where, by oversight, the seal of the corporation has not been affixed to a by-law, it may be affixed at any time afterwards, and, when so affixed, the by-law is as valid and effectual as if it had been originally sealed. Certified copy of by-law (4)A copy of a by-law, purporting to be certified by the clerk, under the seal of the corporation, as a true copy, shall be received in evidence in all courts without proof of the seal or signature. R.S.O. 1990, c. M.45, s. 127. Certificate of Clerk as to Application for By-law
Certificate of clerk that application for by-law duly signed
128.(1)Where by this or any other Act it is provided that a by-law may be passed by a council upon the application of a prescribed number of electors or inhabitants of the municipality or locality, the by-law shall not be finally passed until the clerk has certified that the application was sufficiently signed. Powers of clerk (2)For the purposes of this section, the clerk has all the powers of the clerk under section 15 of the Local Improvement Act. Certificate to be conclusive (3)The certificate of the clerk is conclusive that the application was sufficiently signed. R.S.O. 1990, c. M.45, s. 128. PART VIII   VOTING ON BY-LAWS 129-132.Repealed: 1996, c. 32, s. 22. Passing By-laws by Council
Certificate to be conclusive
129-132.Repealed: 1996, c. 32, s. 22. Passing By-laws by Council
Cases in which council must pass by-law assented to by electors
133.(1)Subject to subsection (5), where a proposed by-law that the council has been legally required by petition or otherwise to submit for the assent of the electors has received such assent, it is the duty of the council to pass the by-law within six weeks after the voting took place. Discretion of council in other cases (2)Subject to subsection (5), in other cases it is not incumbent on the council to pass the by-law, but, if the council determines to pass it, it shall be passed within six weeks after the voting took place and not afterwards. Time within which by-law cannot be passed (3)The by-law in either case shall not be passed until the expiration of two weeks after the result of the voting has been declared or, if within that period an order for a recount has been made, until the result of the scrutiny has been certified by the judge who has jurisdiction in the matter. Time occupied by recount not to be counted (4)The time that intervenes between the making of an application for a recount and the final disposition of it shall not be reckoned as part of the six weeks. Extension of time for passing by-law (5)The Municipal Board may, upon the application of the council, extend the time for passing the by-law beyond such period of six weeks, and such extension of time may be made although the application for the extension is not made until after the expiration of such period of six weeks, and in such case the by-law may be passed within such extended time. R.S.O. 1990, c. M.45, s. 133. Promulgation of By-laws
Promulgation of by-laws
134.(1)The promulgation of a by-law consists of the publication of a true copy of it, with a notice in Form 6 in English or in English and French appended thereto, at least once a week for three successive weeks. Synopsis (2)Instead of publishing a true copy of the by-law, the council may publish a synopsis of it. If not moved against within the time limited to be valid (3)If an application to quash the by-law, or part of it, is not made within three months after the first publication, the by-law, or so much of it as is not the subject of or is not quashed upon any such application, is valid and binding according to its terms so far as the same ordains, prescribes or directs anything within the proper competence of the council. R.S.O. 1990, c. M.45, s. 134. PART IX   QUASHING BY-LAWS
Definition
135.In this Part, “by-law” includes an order or resolution. R.S.O. 1990, c. M.45, s. 135.
Proceedings to quash by-law
136.(1)The Ontario Court (General Division) upon application of a resident of the municipality or of a person interested in a by-law of its council may quash the by-law in whole or in part for illegality. Service of notice (2)Notice of the application shall be served at least seven days before the return day of the motion. Recognizance (3)Before the application is made, the applicant or, if the applicant is a corporation, some person on its behalf shall enter into a recognizance before a judge of the Ontario Court (General Division) with two sureties in the sum of $100, conditioned to prosecute the application with effect and to pay any costs that may be awarded against the applicant. Allowance of recognizance (4)The judge may allow the recognizance upon the sureties making proper affidavits of justification and, after it is allowed, the recognizances with the affidavits shall be filed with the Ontario Court (General Division). Deposit in court in lieu of recognizance (5)In lieu of the recognizance, the applicant may pay into court $100, and the certificate of the payment into court shall be filed with the Ontario Court (General Division). Application of deposit (6)After the determination of the proceedings, the judge may order that the money paid into court be applied in payment of costs or be paid out to the applicant. R.S.O. 1990, c. M.45, s. 136.
Application to quash by-law affecting another municipality
137.(1)Where it is alleged that a by-law injuriously affects another municipality or any ratepayer of it, and that the by-law is illegal in whole or in part, the corporation of such other municipality or any ratepayer of it may apply to quash the by-law. No security required from municipality (2)Where the application is made by a municipal corporation, security for costs shall not be required. R.S.O. 1990, c. M.45, s. 137 (1, 2). Inquiry where corrupt practices alleged (3)Where the application is based upon an allegation of a contravention of subsection 90 (3) of the Municipal Elections Act, 1996, either alone or in conjunction with any other ground of objection, the Ontario Court (General Division) may direct an inquiry as to the alleged contravention to be had before an official examiner or a judge of the Ontario Court (General Division), and the witnesses upon the inquiry shall be examined upon oath. R.S.O. 1990, c. M.45, s. 137 (3); 1996, c. 32, s. 23. Return of evidence to court (4)After the completion of the inquiry, the official examiner or the judge shall return the evidence taken before him or her to the Ontario Court (General Division), and the same may be read in evidence upon the motion to quash. No act to be done under by-law pending inquiry (5)Where an order directing an inquiry has been made under subsection (3) and a copy of it has been left with the clerk of the municipality, unless the Ontario Court (General Division) otherwise orders, nothing shall be done under the by-law until the application is disposed of. Other cases (6)In other cases, the court may direct that nothing shall be done under the by-law until the application is disposed of. R.S.O. 1990, c. M.45, s. 137 (4-6).
Time for making application to quash
138.An application to quash, in whole or in part, a by-law, except a money by-law registered under section 153, shall not be entertained unless made within one year after the passing of the by-law, but, if the by-law required the assent of the electors and was not submitted for or did not receive such assent, the application may be made at any time. R.S.O. 1990, c. M.45, s. 138. PART X   MONEY BY-LAWS 139.Repealed: 1997, c. 5, s. 44.
Time for making application to quash
139.Repealed: 1997, c. 5, s. 44.
Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
142.Despite this Act, (a) a money by-law of a municipality may provide that all or a portion of the debentures to be issued thereunder shall be payable on a fixed date, subject to the obligation of the municipality to redeem by lot annually on each anniversary of the date of such debentures a specified principal amount of such debentures upon payment by the municipality of such principal amount plus accrued interest to the date of redemption and upon giving notice as provided in this section; interest ceases to accrue on date set for redemption (b) the principal amount of every debenture that is called for redemption shall become due and payable on the date set for the redemption thereof and, after such date, interest ceases to accrue thereon where provision is duly made by the municipality for the payment of the principal amount thereof; debentures to be redeemed may be purchased (c) the debentures to be redeemed on each anniversary of the date of such debentures shall be selected by lot by the treasurer of the municipality in such manner as may be prescribed by by-law of the council and when redeemed shall be cancelled and shall not be reissued, but the principal amount of the debentures to be redeemed in any year may be reduced by the principal amount of any debentures purchased by the municipality, at a price or prices not exceeding the principal amount thereof, and surrendered for cancellation on the date fixed for redemption; notice to redeem to be sent by mail (d) notice of intention to redeem any debenture shall be sent by prepaid mail at least thirty days prior to the date set for such redemption to the person, if any, in whose name the debenture may be registered at the address shown in the debenture registry; notice to redeem to be published (e) notice of intention to redeem any debenture shall be published at least thirty days prior to the date set for such redemption in such manner as the by-law may provide; where only portion of debentures payable on fixed date (f) where only a portion of the debentures issued under a by-law is payable on a fixed date, the obligation of the municipality to redeem by lot annually a specified principal amount of such debentures does not apply in any year in which an instalment of principal of the remaining debentures issued under such by-law becomes due and payable; and annual amounts payable to be approximately equal (g) the aggregate amounts of principal and interest, or the amounts of principal, payable in each year during the currency of debentures issued under this section shall be approximately equal. R.S.O. 1990, c. M.45, s. 142; 1992, c. 15, s. 4.
Consolidating debenture by-laws
143.(1)Despite this Act or any other Act, where separate debenture by-laws have been passed authorizing the borrowing of sums for two or more purposes, instead of borrowing the separate sums thereby authorized to be borrowed and issuing debentures therefor, the council may by by-law, hereinafter called a consolidating by-law, provide for borrowing the aggregate of such sums and for issuing one series of debentures therefor. Recitals (2)The consolidating by-law shall clearly specify, by recital or otherwise, in respect of what separate by-laws it is passed. Rates need not be imposed by consolidating by-law (3)It is not necessary that the consolidating by-law shall impose any rate to provide for the payment of debentures issued under it or the interest thereon, but the rates imposed by the separate by-laws shall be levied, collected and applied for that purpose. Consolidating by-law may authorize debentures of different terms of years (4)A consolidating by-law passed under this section may authorize the issue of debentures in one series even if some of the debentures may be for different terms of years from the other debentures to be issued thereunder, but the sum to be raised in each year under the consolidating by-law shall equal the aggregate of the sums that would have been raised under the separate by-laws had no consolidating by-law been passed. Reference to separate by-laws not required in debentures (5)Debentures issued pursuant to a consolidating by-law passed under this section need not refer to the separate by-laws in respect of which the consolidating by-law is passed. R.S.O. 1990, c. M.45, s. 143.
Term debentures
145.(1)Despite subsections 140 (2) to (19) and sections 141 and 144, a municipality may provide in any money by-law for the issuing of debentures that all or a portion of the debentures to be issued are term debentures payable on a fixed date with interest payable in one or more instalments in each year. 1992, c. 15, s. 6; 1996, c. 32, s. 27. Amounts to be raised annually (2)In respect of the term debentures, the by-law shall provide for raising, by a special rate on all the rateable property in the municipality, (a) in each year of the currency of the term debentures a sum sufficient to pay the interest on the term debentures; and (b) in each year of the currency of the term debentures in which no other debentures issued under the same by-law become due and payable, a specific amount to form a retirement fund for the term debentures which, with interest at a rate not to exceed 8 per cent per annum compounded yearly, will be sufficient to pay the principal of the term debentures at maturity, to the extent that such sums have not been provided for by any special rate or rates imposed on persons or property made especially liable therefor by the by-law or by any other by-law or by-laws passed by the municipality or any other municipality in accordance with any general or special Act. Retirement fund (3)The retirement fund for the term debentures shall be administered in all respects in the same manner as a sinking fund established under section 144, and the provisions of subsections 144 (3) to (9) with respect to a sinking fund apply with necessary modifications to such retirement fund. R.S.O. 1990, c. M.45, s. 145 (2, 3).
Definition
146.(1)In this section, “municipality” includes a metropolitan, regional or district municipality and the County of Oxford. Debentures in foreign currency (2)Any power conferred on a municipality to borrow or raise money and to issue debentures includes the power to issue debentures, or debentures of a prescribed class, expressed and payable in a prescribed foreign currency if, (a) the municipality is prescribed for the purposes of this subsection; and (b) the prescribed conditions are satisfied. Same (3)A debenture issued under subsection (2) may provide for payment of interest and principal in more than one prescribed foreign currency, in Canadian dollars, or a combination of any of them. Raising estimated amount (4)A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite other provisions in this Act requiring that a specific amount be raised or paid. Variation (5)The estimated amount may vary from year to year. Premium to be set aside in reserve fund (6)Every money by-law passed under this section may provide that any portion of the premium which may be received on the currency in which the debentures are payable that is not required to pay the cost of the work authorized under the by-law and incidental charges shall be set aside in a reserve fund to be used to pay the premium on the annual payments of principal and interest on the debentures. Risks (7)For the purpose of minimizing costs or counteracting the risk associated with issuing its debentures in any currency because of fluctuations in interest rates or fluctuations in rates of exchange between the Canadian dollar and other currencies, a municipality prescribed for the purposes of this subsection may enter into any of the following agreements with the prescribed persons, if the prescribed conditions are met: 1. Foreign currency exchange agreements. 2. Interest rate exchange agreements. 3. Agreements to purchase or exchange other prescribed securities. 4. Other prescribed financial agreements. Regulations (8)The Lieutenant Governor in Council may make regulations, (a) prescribing the foreign currencies in which debentures may be issued under subsection (2); (b) prescribing the municipalities or classes of municipalities that may issue debentures in general or debentures belonging to prescribed classes under subsection (2), and prescribing classes of debentures; (c) prescribing conditions for the purposes of subsection (2); (d) prescribing municipalities or classes of municipalities for the purposes of subsection (7); (e) prescribing conditions for the purposes of subsection (7); (f) prescribing persons for the purposes of subsection (7); (g) prescribing financial agreements for the purposes of subsection (7). 1996, c. 32, s. 28.
Debt
147.(1)A municipality may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt. 1996, c. 32, s. 29 (1). Municipal purposes (2)In subsection (1), “municipal purposes” means all the purposes of the municipality under this or any other Act. Limitations (2.1)Subsection (1) is subject to the limitations in this or any other Act. 1996, c. 32, s. 29 (2). Notice (3)Where a municipality applies to the Municipal Board for the approval of the incurring of a debt, the Board may direct that notice of the proposal to incur the debt be given in such manner as the Board may require and that the notice state that anyone objecting to the proposal may, within such time from the giving of the notice as may be prescribed by the Board, file with the clerk of the municipality an objection to the proposal and the clerk shall forthwith forward a copy of the objection to the secretary of the Board. R.S.O. 1990, c. M.45, s. 147 (3); 1996, c. 32, s. 29 (3). Regulations (4)The Lieutenant Governor in Council may make regulations prescribing debt and financial obligation limits for municipalities, including, (a) defining the types of debt, financial obligation or liability to which the limit applies and prescribing the matters to be taken into account in calculating the limit; (b) prescribing the amount to which the debts, financial obligations and liabilities under clause (a) shall be limited; (c) requiring a municipality to apply for the approval of the Municipal Board for each specific work or class of work, the amount of debt for which, when added to the total amount of any outstanding debt, financial obligation or liability under clause (a), causes the limit under clause (b) to be exceeded; (d) prescribing rules, procedures and fees for the determination of the debt, financial obligation and liability limit of a municipality; (e) establishing conditions that must be met by any municipality or class of municipalities before undertaking a debt, financial obligation or liability or a debt, financial obligation or liability of a specified class. 1992, c. 15, s. 8 (2); 1996, c. 32, s. 29 (4, 5). O.M.B. approval not required (5)Section 65 of the Ontario Municipal Board Act does not apply to any debt, financial obligation or liability defined under clause (4) (a) if it does not cause the municipality to exceed the limit prescribed under clause (4) (b). 1992, c. 15, s. 8 (2); 1996, c. 32, s. 29 (6). Definition (6)In subsections (4) and (5), “municipality” includes a metropolitan, district or regional municipality and the County of Oxford. 1996, c. 32, s. 29 (7).
Contracts for supply of public utility
148.(1)A municipal corporation may enter into a contract for the supply of any service of a public utility as defined in the Municipal Affairs Act or of sewage works to the municipal corporation for its use or for resale to the inhabitants thereof for their use for such term of years as the Municipal Board may approve and may renew such contract from time to time for such further term of years as the Municipal Board may approve. Where particular areas only are benefited (2)Where a municipal corporation enters into a contract for the supply of a public utility for its use and such use is confined to a particular area of the municipality, the council may levy a special annual rate on all the rateable property in such area to defray the cost thereof. R.S.O. 1990, c. M.45, s. 148.
When rate of interest may be varied
149.(1)If the council of a municipality is of the opinion that the current rate of interest so differs from the rate of interest payable on any municipal debentures that remain unsold or undisposed of that the sale or disposal thereof may substantially decrease or increase the amount required to be provided under the by-law under which such debentures were issued, the council may pass a by-law to amend such by-law so as to provide for, (a) a different rate of interest; (b) a change in the amount to be raised annually and, if necessary, in the special assessments and levies; (c) such other changes in the by-law or any other by-law as to the council may seem necessary to give effect thereto; (d) the issue of new debentures to bear interest at the amended rate in substitution and exchange for such first-mentioned debentures; and (e) the cancellation of such first-mentioned debentures upon the issue of such new debentures in substitution and exchange therefor. R.S.O. 1990, c. M.45, s. 149 (1). (2)Repealed: 1996, c. 32, s. 30. Hypothecation not a sale under this section (3)For the purposes of this section, the hypothecation of debentures under section 183 at any time heretofore or hereafter made does not constitute a sale or other disposal thereof. Consolidation of debentures (4)The council may by one by-law authorized under subsection (1) amend two or more by-laws and provide for the issue of one series of new debentures in substitution and exchange for the debentures issued thereunder. Special assessments and levies (5)A by-law passed under this section does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the council to continue to levy and collect such special assessments and instalments thereof. R.S.O. 1990, c. M.45, s. 149 (3-5).
Fixed rate of interest
149.1(1)A by-law for the issue of debentures shall specify a fixed rate of interest, unless subsection (2) applies. Variable rate (2)Despite anything in this or any other Act, a prescribed municipality may pass a by-law for the issue of debentures providing for a variable rate of interest and for the payment of other amounts, subject to the prescribed rules. Estimate of amount to be raised (3)A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite provisions in this or any other Act requiring that a specific amount be raised or paid. Variations (4)The estimated amount may vary from year to year. Regulations (5)The Lieutenant Governor in Council may make regulations, (a) prescribing municipalities or classes of municipalities for the purposes of subsection (2); (b) prescribing rules for the purposes of subsection (2). Definition (6)In this section, “municipality” includes a metropolitan, district or regional municipality and the County of Oxford. 1996, c. 32, s. 31.
Repeal of by-law, when part only of money raised
150.(1)Where part only of a sum of money provided for by a by-law has been raised, the council may repeal the by-law as to any part of the residue, and as to a proportionate part of the amounts to be raised annually. R.S.O. 1990, c. M.45, s. 150 (1). When to take effect (2)The repealing by-law shall recite the facts on which it is founded, shall be appointed to take effect on the 31st day of December in the year of its passing, shall not affect any rates due or penalties incurred before that day. R.S.O. 1990, c. M.45, s. 150 (2); 1996, c. 32, s. 32.
Until debt paid certain by-laws cannot be repealed
151.Subject to section 150, after a debt has been contracted under a by-law, the council shall not, until the debt and interest have been paid, repeal the by-law or any by-law appropriating for the payment of the debt or the interest, the surplus income from any work or any interest therein, or money from any other source, and shall not alter any such by-law so as to diminish the amount to be raised annually, and shall not apply to any other purpose any money of the corporation that has been directed to be applied to such payment. R.S.O. 1990, c. M.45, s. 151.
Offence
152.Every officer of a corporation, whose duty it is to carry into effect any of the provisions of a money by-law, who neglects or refuses to do so, under colour of a by-law illegally attempting to repeal or amend it, so as to diminish the amount to be raised annually under it, is guilty of an offence. R.S.O. 1990, c. M.45, s. 152. Registration of Money By-laws
Money by-laws may be registered
153.(1)Within four weeks after the passing of a money by-law, the clerk may register a duplicate original or a copy of it certified under his or her hand and the seal of the corporation, in the case of a county, in the land registry division in which the county town is situate and, in the case of a local municipality, in the land registry division in which it is situate or, if the municipality comprises parts of two or more land registry divisions, in either of them. Application to quash registered by-law, when to be made (2)Subject to section 62 of the Ontario Municipal Board Act, every by-law, registered in accordance with subsection (1) or before the sale or other disposition of the debentures issued under it, and the debentures are valid and binding, according to the terms thereof, and the by-law shall not be quashed unless within one month after the registration in the case of by-laws passed under the Drainage Act or the Local Improvement Act and, in the case of other by-laws, within three months after the registration an application or action to quash the by-law is made to or brought in a court of competent jurisdiction and a certificate under the hand of the proper officer of the court and its seal, stating that such application has been made or action brought, is registered in such land registry office within such period of three months, or one month, as the case may be. Time when by-law to be valid and binding (3)After the expiration of the period prescribed by subsection (2), if no application or action to quash the by-law is made or brought, the by-law is valid and binding according to its terms. Quashing part of by-law (4)If an application or action to quash the by-law is made or brought within the period prescribed by subsection (2), but part only of the by-law is sought to be quashed, the remainder of it, if no application or action to quash it is made or brought within that period, after the expiration of that period is valid and binding according to its terms. Dismissal of application (5)If the application or action is dismissed in whole or in part, a certificate of the dismissal may be registered and, after such dismissal and the expiration of the period prescribed by subsection (2), if it has not already expired, the by-law, or so much of it as is not quashed, is valid and binding according to its terms. Illegal by-laws not validated (6)Nothing in this section makes valid a by-law that requires but has not received the assent of the electors or a by-law where it appears on the face of it that subsections 140 (1) and (3) have not been substantially complied with. Failure to register (7)Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. M.45, s. 153.
Regulations
154.The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary for carrying out the purposes of this Part. R.S.O. 1990, c. M.45, s. 154. PART XI   YEARLY RATES AND ESTIMATES 155., 156.Repealed: 1997, c. 5, s. 45.
Regulations
155., 156.Repealed: 1997, c. 5, s. 45.
Definition
158.(1)In this section, “non-profit hospital service corporation” means a corporation without share capital that provides laundry or food services to one or more public hospitals, as defined in the Public Hospitals Act. Tax exemption (2)Real property occupied by a non-profit hospital service corporation and used chiefly by the corporation for one or both of the services mentioned in subsection (1) is exempt from taxation for municipal and school purposes but, subject to subsection (3), is not exempt from a sewer rate or water works rate imposed under subsection 221 (2) or (13) or from a sewage service rate imposed under subsection 221 (20). Exemption from sewer, water rates (3)The council of a municipality that imposed the rate may pass a by-law exempting the property exempted from taxation for municipal and school purposes under subsection (2) from all or part of the rate based on the amount of service received or the amount of benefit derived or derivable from the construction of the sewage works or water works. Payment in lieu of taxes (4)In each year, the Minister may pay to a local municipality, in which there is real property exempted from taxation under subsection (2), an amount equal to the taxes for municipal purposes that would have been payable in respect of that real property in that year if the real property had been subject to municipal taxation. R.S.O. 1990, c. M.45, s. 158 (1-4). (5), (6)Repealed: 1997, c. 29, s. 27.
Regulation
160.Repealed: 1997, c. 5, s. 46.