jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definition
312.(1)In this section, “tree” includes a growing tree or shrub planted or left growing on either side of a highway for the purpose of shade or ornament. Planting trees on highways (2)Any person may plant trees on a highway with approval of the council of the municipality expressed by resolution. Land to which appurtenant (3)Every tree upon a highway shall be appurtenant to the land adjacent to the highway and nearest thereto. By-laws (4)The council of every municipality may pass by-laws, (a) authorizing and regulating the planting of shade or ornamental trees upon any highway; (b) authorizing and regulating the planting, with the consent of the owner, of shade or ornamental trees adjacent to any highway at the expense of the municipality, and any tree planted under the authority of any such by-law is the property of the owner of the land in which it is planted, and the municipality is not liable for maintenance or otherwise in respect of any tree so planted; (c) for preserving trees; (d) for prohibiting the injuring or destroying of trees; (e) for causing any tree planted upon a highway to be removed when considered necessary in the public interest, but the owner of the land to which the tree is appurtenant shall be given ten days notice of the intention of the council to remove such tree and be recompensed for planting and protecting it and, if the owner so desires, is entitled to remove the tree, but is not entitled to any further or other compensation; (f) prohibiting the planting of any species of tree that the council considers unsuited for that purpose and for the removal without notice of such trees growing on a highway or planted thereon contrary to any such by-law; (g) authorizing any officer or committee of the council to supervise the planting of trees upon the highways and the trimming of trees planted upon a highway or upon private property where the branches extend over a highway, or to remove decayed or dangerous trees or trees that have by by-law of the municipality been directed to be removed; (h) prohibiting the attaching of any object or thing to a tree located on any highway or public place, except with the consent of an officer of the municipality named in the by-law, even if such attachment would not injure or destroy the tree. Service of notices (5)Any notice required by subsection (4) may be given by leaving it with a grown-up person residing on the land or, if the land is unoccupied, by posting it in a conspicuous place on the land. Consent required to removal, etc. (6)Except with the authority of the council or a committee or officer thereof appointed as aforesaid, no person shall remove or cut down or injure any tree growing upon a highway. R.S.O. 1990, c. M.45, s. 312.
Expenditure for works in any county of a union
313.(1)The councils of united counties may pass by-laws for raising or borrowing money to be spent exclusively in any one of the counties forming the union. What members to vote on by-law (2)None of the members of the council but those representing local municipalities in the county in which the expenditure is to be made shall vote upon the by-law except, in the case of an equality of votes, when the warden has the casting vote. What property assessable for rates (3)The sums to be raised by taxation for the purpose of making any such expenditure and the sums required to be raised to pay the principal and interest of any money borrowed for that purpose shall be assessed and levied only upon the rateable property in the county in which the expenditure is to be made. Debentures, issue of (4)Every debenture issued under the authority of the by-law shall be issued as the debenture of the corporation of the united counties, but it shall be stated in the body of it that the payment of the principal and interest is to be provided for by a special rate upon the rateable property in the county in which the expenditure is to be made and upon that property only. R.S.O. 1990, c. M.45, s. 313.
Various by-laws
314.(1)The councils of all municipalities may pass by-laws:
Obstruction of highways
1. For prohibiting or regulating the obstructing, encumbering, injuring or fouling of highways or bridges.
Deposit re damages to sidewalks, etc., upon issue of building permit
2. For regulating the crossing of curbings, sidewalks or paved boulevards by vehicles delivering materials to or removing materials from abutting land on which any building is being erected, altered, repaired or demolished, and for requiring the owners of such abutting land, upon any application for the issuing of a permit certifying to the approval of plans of buildings to be erected, altered, repaired or demolished thereon, to pay to the municipality a sum of money not to exceed $25 per metre of the limit of the lot abutting directly on such sidewalk, curbing or paved boulevard as a deposit to meet the cost of repairing any damage to the sidewalk, curbing or paved boulevard or to any water service box or other service therein caused by the crossing thereof by such vehicles. (a) Where a by-law passed under this paragraph requires the payment of a deposit to cover the cost of damage to a sidewalk, curbing or paved boulevard, or to any water service box or other service therein, the by-law shall provide that, upon the completion of the erection, alteration, repair or demolition of the building or buildings on the land abutting such sidewalk, curbing or paved boulevard and upon application by the person by whom the deposit was paid, the amount by which the sum deposited exceeds the cost of such repairs shall forthwith be refunded. (b) Where any money paid under this paragraph remains unclaimed for a period of six years, the municipal treasurer may cause to be published a notice containing a list of such unclaimed money, including the name of the depositor, and stating that all persons having any claim to any of such money are required to prove their claims within ninety days from the publication of the notice, and, upon the expiration of ninety days from the publication of such notice, the treasurer may transfer all of such money against which no claim has been made to the general funds of the municipality free of and from any and all claims of any kind whatsoever. (c) Without limiting the generality of the foregoing, a by-law passed under this paragraph may require that the owner or occupier of the land take all necessary steps to prevent building material, waste or soil from being spilled or tracked onto the public streets by vehicles going to or coming from the land during the course of the erection, alteration, repair or demolition and may provide that, in addition to any penalty otherwise provided by law, the owner or occupier shall be responsible to the municipality for the cost of removing such building material, waste or soil, and such cost may be deducted from the deposit.
Removal of doorsteps, etc.
3. For requiring doorsteps, porches or other erections or things projecting into or over any highway to be removed by the owner or occupant of the land in connection with which they exist.
Prohibiting building or maintaining fences on highways
4. For prohibiting the building or maintaining of fences on any highway or the placing or depositing of firewood or any other thing calculated to obstruct it or to obstruct or interfere with public travel on it, on any highway or bridge, and for requiring the removal of them by the person by whom the same are or were so built, maintained, placed or deposited. (a) Unless the by-law otherwise provides, a by-law passed under the authority of this paragraph does not extend or apply to a worm fence that is not for more than half its width upon the highway, or to materials to be used for the construction or repair of a highway or bridge, if they do not interfere with the use of it for public travel.
Prohibiting throwing dirt, glass, etc., on highways
5. For prohibiting the throwing, placing or depositing of dirt, filth, glass, handbills, paper or other rubbish or refuse, or the carcass of any animal, on any highway or bridge.
Ditches and culverts
6. For prohibiting the obstruction of ditches or culverts upon highways.
Signs
7. To provide for placing, regulating and maintaining upon the public highways traffic signs for the purposes of guiding and directing traffic.
Installation of meters for controlling parking of vehicles on highways, and charging of fees for parking
8. For erecting, maintaining and operating on any highway or portion of a highway automatic or other mechanical meters or devices, with the necessary standards for the same, for the purpose of controlling and regulating the parking of any vehicle on the highway and measuring and recording the duration of such parking, for requiring drivers of every vehicle parked on such highways to make use of such meters or devices, and to pay for parking such vehicle on the highway a fee according to the amount or scale prescribed by the by-law and as measured by the meter or device, and for prohibiting parking of vehicles on such highway or portion of a highway unless such meter or device is made use of and such fee is paid, and for limiting the right of parking of vehicles on such highway to such drivers as do make use of such meters or devices and pay such fees. No action except for negligence (a) No municipality or municipal parking authority, except in case of negligence, is liable for personal injury or for damage by reason of the erection, maintenance or operation of such meters or devices with the necessary standards for the same under the authority of a by-law passed under this paragraph, or by reason of a vehicle being parked on the highway under the terms of such by-law. Fees (b) A fee prescribed by a by-law under this paragraph may vary according to the location of the highway or part of a highway on which parking meters or devices are located.
Establishment of bus lanes
9. For designating any lane on any road over which the municipality has jurisdiction as a lane solely or principally for use by public transit motor vehicles, or any class or classes thereof as may be defined in the by-law, and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law and for prohibiting and regulating the use thereof by all other vehicles to such extent and for such period or periods as may be specified. Definition (a) For the purposes of this paragraph, “public transit motor vehicle” means any motor vehicle operated by, for or on behalf of the municipality, or any other municipality including a metropolitan, regional and district municipality and the County of Oxford, or by a transit commission, in connection with a regular passenger transportation service and includes such other motor vehicles operated in connection with a regular passenger transportation service as may be specified in the by-law. (b) Where a by-law has been passed by a local municipality for a purpose referred to in this paragraph under the County of Oxford Act or an Act establishing a regional municipality and the provision of the Act under which the by-law was passed is repealed, the by-law shall continue in full force and effect until amended or repealed, as if the provision of the Act under which the by-law was passed had not been repealed.
Establishment of bicycle lanes
10. For designating any lane on any road over which the municipality has jurisdiction as a lane solely or principally for use by bicycles and for prohibiting and regulating the use thereof by vehicles other than bicycles to such extent and for such period or periods as may be specified, if such regulation is not in conflict with the Highway Traffic Act and the regulations thereunder. R.S.O. 1990, c. M.45, s. 314 (1); 1997, c. 26, Sched. Notice of proposed by-law (2)Before passing a by-law under paragraph 9 or 10 of subsection (1) for designating a lane on a road for the uses referred to in the said paragraphs, notice of the proposed by-law shall be published at least once a week for four successive weeks in a newspaper having general circulation in the municipality and the notice shall indicate the date and time of the meeting at which the council will consider the passing of the proposed by-law. Validity unaffected (3)Subsection (2) does not apply so as to affect the validity of a by-law passed prior to the 20th day of June, 1978 under paragraph 9 of subsection (1). R.S.O. 1990, c. M.45, s. 314 (2, 3).
Sale of closed highway
315.(1)Subject to sections 316 and 317, where a highway or any part of a highway over which a municipality has jurisdiction has been closed under this Act, the Registry Act or the Land Titles Act and the council of the municipality determines to sell the land forming the highway or the part of the highway so closed, the land shall be sold in accordance with this section. Sale to abutting owners (2)The council shall by by-law set the sale price of the land to be sold and shall offer to sell it to the owner of the land abutting the land to be sold and where, (a) there are parcels of land abutting on opposite sides of the land to be sold, the owner of each parcel has the right of first refusal to purchase the land to its middle line; (b) the land to be sold is abutted on one side by a highway that has not been closed or by a stream, river or other body of water over which the public has rights of navigation or of floating timber, the owner whose land abuts the land to be sold on the other side has the right of first refusal to purchase the land; (c) the land to be sold does not include the whole width of the former highway, the owner whose land abuts on the land to be sold has the right of first refusal to purchase the land. Sale to other persons (3)If a person entitled under subsection (2) to purchase the land does not exercise the right to purchase within such period as may be fixed by by-law, the municipality may sell the land that the person had the right to purchase to any other person at the price set under subsection (2) or at a greater price. Sale at lower price (4)Where the municipality is unable to sell the land at or above the sale price set under subsection (2), the council may set a lower price under that subsection and this section applies to a sale at the lower price. Sidelines (5)Where land is sold to an abutting owner under this section, the sidelines of the parcels abutting the land to be sold shall be extended to include the land to be sold in such manner as the council considers fair and reasonable. Limitation (6)A municipality shall not use the power conferred by this section to sell land that is covered with water. R.S.O. 1990, c. M.45, s. 315.
Where owner of land taken for highway entitled to original road allowance
316.(1)Where a highway for the site of which compensation was not paid has been laid out and opened in the place of the whole or any part of an original allowance for road, the owner of the land appropriated for the highway or a successor in title, if that person owns the land that abuts on such allowance, is entitled to the soil and freehold of it and, to a conveyance of it. When more than one owner (2)Where the land that so abuts is owned by more persons than one, each is entitled to and to a conveyance of the soil and freehold of that part of the allowance upon which that person’s land abuts to the middle line of the allowance. Where owner of land taken owns no land abutting on allowance (3)If the owner of the land appropriated for the highway or a successor in title does not own any land abutting on the allowance and the allowance is sold by the council, the owner or successor is entitled to a part of the purchase money that bears the same proportion to the whole purchase money as the value of the part of the site of the new highway that belonged to the owner bears to the value of the whole site. R.S.O. 1990, c. M.45, s. 316.
When person in possession entitled to original allowance
317.(1)A person in possession of the whole or any part of an original allowance for road in place of which that person or any predecessors in title has laid out and opened a new road or street without receiving compensation for the site of it is entitled to the soil and freehold of such allowance or part of it and, if it has not already been conveyed, to a conveyance of it. Where several persons in possession (2)Where there are more persons than one in such possession, each is entitled to and to a conveyance of the soil and freehold of that part of the allowance upon which that person’s land abuts to the middle line of the allowance. Requirement as to assumption of road by corporation (3)If the road has not been adopted by by-law of the council or otherwise assumed for public use by the corporation, this section does not apply until the new road or street is adopted by by-law of the council, and the council by by-law declares that the original allowance is, in its opinion, useless to the public. R.S.O. 1990, c. M.45, s. 317.
Stopping up highways in unorganized territory
318.The Lieutenant Governor in Council may stop up, alter, widen or divert any highway or part of a highway in a territorial district not being within an organized municipality, and may sell or lease the soil and freehold of any such highway or part of a highway that has been stopped up or that, in consequence of an alteration or diversion of it, no longer forms part of the highway as altered or diverted. R.S.O. 1990, c. M.45, s. 318; 1999, c. 12, Sched. M, s. 19.
Opening up highways where 5 per cent reserved
319.(1)The council of a township in unorganized territory surveyed without road allowances, but in which 5 per cent of the area is reserved for highways, may pass by-laws for opening and making highways where necessary and the provisions of this Act as to compensation for lands taken or injuriously affected by the exercise of the powers conferred by this section do not apply. Filing plan of roads in Ministry of Natural Resources (2)In cases of deviations from road allowances and of roads laid out where there are no road allowances as provided in subsection (1), the corporation shall cause a plan thereof, so far as it affects ungranted lands of the Crown, to be made by an Ontario land surveyor and shall file the plan in the Ministry of Natural Resources. R.S.O. 1990, c. M.45, s. 319. PART XIX   PENALTIES AND ENFORCEMENT OF BY-LAWS
Offences
320.By-laws may be passed by the councils of all municipalities and by police services boards for providing that any person who contravenes any by-law of the council or of the board, as the case may be, passed under the authority of this Act, is guilty of an offence. R.S.O. 1990, c. M.45, s. 320.
Illegally parked vehicles, owner’s liability
321.(1)A by-law passed for the purposes of section 320 may provide that, where a vehicle has been left parked, stopped or left standing in contravention of a by-law passed under this Act, the owner of the vehicle, even though the owner was not the driver of the vehicle at the time of the contravention of the by-law, is guilty of an offence and is liable to the fine prescribed for the offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner’s consent. Payment out of court (2)A by-law passed for the purposes of section 320 may provide a procedure for the voluntary payment of penalties out of court in cases where it is alleged that a by-law related to the parking, standing or stopping of vehicles has been contravened. R.S.O. 1990, c. M.45, s. 321.
Penalties for contravention of sewage by-laws
322.(1)Despite section 320, the council of a municipality may pass by-laws for providing that any person who contravenes a by-law passed by the council that regulates or prohibits the discharge of any matter into a sewage system or a by-law under section 208.6 or under paragraph 82 of section 210 is guilty of an offence and for providing for the imposition of fines of not more than $10,000 on every person who is convicted of a first offence and $25,000 for any subsequent offence under any such by-law. R.S.O. 1990, c. M.45, s. 322 (1); 1993, c. 20, s. 4. Corporations (2)Despite subsection (1), where a corporation is convicted of an offence under a by-law passed under subsection (1), the maximum penalty that may be imposed upon the corporation is $50,000 for the first offence and $100,000 for any subsequent offence. R.S.O. 1990, c. M.45, s. 322 (2).
Parking for disabled persons
322.1 (1) Despite section 320, a by-law passed under paragraph 125 or 153 of section 210 shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.  2001, c. 32, s. 29 (2). Owner of vehicle (2) A by-law passed under paragraph 125 or 153 of section 210 may provide that the owner of a vehicle that has been left parked, standing or stopped in contravention of the by-law is guilty of an offence, even if the owner was not the driver of the vehicle at the time of contravention of the by-law, unless, at that time, the vehicle was in the possession of a person other than the owner without the owner’s consent. 2001, c. 32, s. 29 (2). Penalty (3) A person convicted of an offence mentioned in subsection (2) is liable to a fine of not less than $300. 2001, c. 32, s. 29 (2). Payment out of court (4) If a by-law passed under paragraph 125 or 153 of section 210 regulates the parking, standing or stopping of vehicles, if it is an offence to contravene the by-law and if a person is alleged to have contravened the by-law, the by-law may provide a procedure for the person to make voluntary payment out of court of the penalties for the offence. 2001, c. 32, s. 29 (2).
Statement of clerk, etc., as to licensing or non-licensing
323.For the purpose of any prosecution or proceeding under a by-law for licensing, regulating, governing, classifying or inspecting any trade, calling, business or occupation, a statement as to the licensing or non-licensing of any premises or person in respect of any trade, calling, business or occupation, purporting to be signed by the clerk of a municipality or of a regional or metropolitan municipality or by the chief administrative officer of a police services board or of a licensing commission, is, without proof of the office or signature of the said clerk or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in such prosecution or proceeding. R.S.O. 1990, c. M.45, s. 323.
Fines
324.Except as otherwise provided in any Act, every fine imposed for a contravention of a by-law of a municipality or a local board thereof belongs to the municipality. R.S.O. 1990, c. M.45, s. 324.
Convictions not invalidated for want of proof of by-law
325.(1)A conviction for a contravention of any by-law shall not be quashed for want of proof of the by-law before the convicting justice, but the court or a judge hearing the motion to quash may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as may be considered proper. Requirement as to proof (2)Nothing in this section relieves a prosecutor from the duty of proving the by-law or entitles the justice to dispense with such proof. R.S.O. 1990, c. M.45, s. 325.
Enforcing performance of things required to be done under by-laws
326.Where a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person’s expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more than ten years. R.S.O. 1990, c. M.45, s. 326.
Power to restrain by order when conviction entered
327.Where any by-law of a municipality or of a local board thereof, passed under the authority of this or any other general or special Act, is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. R.S.O. 1990, c. M.45, s. 327.
Power to restrain by action
328.Where any by-law of a municipality or of a local board thereof, passed under the authority of this or any other general or special Act, is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by action at the instance of a ratepayer or the corporation or local board. R.S.O. 1990, c. M.45, s. 328.
Offence
329.(1)A by-law passed under section 224 or 225 may provide that every person who contravenes the by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. R.S.O. 1990, c. M.45, s. 329 (1). Same (1.1) A licensing by-law passed under this Act, other than a by-law passed under section 224 or 225 of this Act, may provide that every person who contravenes the by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000. 1994, c. 37, s. 3 (1). Corporation, maximum penalty (2)Where a corporation is convicted of an offence under subsection (1) or (1.1), the maximum penalty that may be imposed on the corporation is $50,000 and not as provided therein. R.S.O. 1990, c. M.45, s. 329 (2); 1994, c. 37, s. 3 (2).
Application of Part XIX
331.This Part applies with necessary modifications to by-laws passed by the council of a municipality or by a police services board under any other general or special Act except as otherwise provided in such Act. R.S.O. 1990, c. M.45, s. 331. PART XIX.1   MUNICIPAL LIABILITY
Definitions
331.1In this Part, “local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”) “municipality” includes a regional, metropolitan or district municipality and the County of Oxford; (“municipalité”) “sewage” includes drainage water and storm water; (“eaux d’égout”) “sewage works” means all or any part of facilities for the collection, storage, transmission, treatment or disposal of sewage, including a system under Part VIII of the Environmental Protection Act; (“réseau d’égouts”) “water works” means facilities for the collection, production, treatment, storage, supply or distribution of water, or any part of the facilities. (“réseau d’adduction d’eau”) 1996, c. 32, s. 55.
Liability in nuisance re water and sewage
331.2(1)No proceeding based on nuisance, in connection with the escape of water or sewage from sewage works or water works, shall be commenced against, (a) a municipality or local board; (b) a member of a municipal council or of a local board; (c) an officer, employee or agent of a municipality or local board. Rights preserved (2)Subsection (1) does not exempt a municipality from, (a) liability arising from a cause of action that is created by a statute; or (b) an obligation to pay compensation that is created by a statute. Transition (3)Subsection (1) does not apply if the cause of action arose before the coming into force of section 55 of the Better Local Government Act, 1996. 1996, c. 32, s. 55.
Policy decisions
331.3No proceeding based on negligence shall be commenced against a municipality, a member of a municipal council or an officer or employee of a municipality in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision made in a good faith exercise of the discretion. 1996, c. 32, s. 55. PART XX   POLICE VILLAGES Trustees — Election of, etc.
Trustees, number
332.(1)There shall be three trustees for every police village. General powers (2)The trustees may contract and may sue and be sued and may pass by-laws by and in the name of the trustees of the police village of (naming it), but they are not personally liable upon their contracts. R.S.O. 1990, c. M.45, s. 332.
Qualifications, trustees and electors
333.(1)Every person is qualified to be elected a trustee or to vote at the election thereof, (a) who is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of the municipality in which the village is situate, in whole or in part, by reason of being a resident or owner or tenant of land situate in the village or the spouse or same-sex partner of such owner or tenant; and (b) who is not disqualified by this or any other Act from holding the office of trustee or from voting at the election to such office. R.S.O. 1990, c. M.45, s. 333 (1); 1996, c. 32, s. 56; 1999, c. 6, s. 40 (9). First meeting of trustees (2)The first meeting of the trustees after the election shall be held at noon on a day not later than the second Tuesday in December. R.S.O. 1990, c. M.45, s. 333 (2).
Vacancies, how filled
334.If a vacancy occurs in the office of trustee, the remaining trustees or trustee shall appoint, by writing, a trustee to fill the vacancy. R.S.O. 1990, c. M.45, s. 334.
Remuneration
335.(1)Any trustee may be paid such remuneration or expenses as is provided by the trustees who shall have all the powers of a council of a municipality under sections 242 and 243. Application of s. 247 (2)Section 247 applies with necessary modifications to the trustees of a police village. R.S.O. 1990, c. M.45, s. 335.
Appointment of inspecting trustee
336.(1)The trustees shall, by writing, appoint one of their number to be inspecting trustee. R.S.O. 1990, c. M.45, s. 336 (1). Requirement as to filing appointment of inspecting trustee, etc. (2)Forthwith after the making of an appointment under subsection (1) or under section 334, the writing by which the appointment is made shall be filed with the clerk who is responsible for conducting the election of the trustees under section 11 of the Municipal Elections Act, 1996. R.S.O. 1990, c. M.45, s. 336 (2); 1996, c. 32, s. 57.
Requisition on township council to raise sums to meet expenditure
337.(1)The trustees may at any time before the 1st day of June in any year by a requisition in writing require the council of the township in which the village is situate to cause to be levied, along with the other rates upon the rateable property in the village, such sum as the trustees consider necessary to defray the expenditure of the trustees for the current year. Where village situate in more than one township (2)Where the village comprises parts of two or more townships, the requisition shall be made on the council of each township for its proportion of the whole amount to be levied as ascertained in the manner provided by section 338. R.S.O. 1990, c. M.45, s. 337 (1, 2). Limitation (3)The amount that the trustees may require to be levied under this section shall not exceed the amount that could have been levied for the 1997 taxation year under this section as it read immediately before January 1, 1998. 1997, c. 29, s. 31.
Apportionment of rate among townships by treasurers
338.(1)Where a village comprises parts of two or more townships, the proportion of the amount required to be levied in each township shall be determined by the treasurers of the townships. Meeting of treasurers (2)A meeting of the treasurers shall be held in every second year following the latest determination and the treasurers shall determine the proportion to be levied in each township. Determination when treasurers differ (3)If the treasurers differ, notice of the fact shall be forthwith given to the inspecting trustee, who shall act with the treasurers in determining the proportions, and the decision of a majority is final and conclusive. Notice of determination to be given to clerk of township (4)The determination of the treasurer or of the treasurers and the inspecting trustee shall be forthwith communicated to the clerk of each of the townships. Who to call meeting of treasurers (5)The meeting of the treasurers shall be called by the treasurer of the township in which is situate the larger or largest part of the rateable property of the village. How long determination to govern (6)The proportions as determined under this section govern until the next determination is to be made as provided by subsection (2). R.S.O. 1990, c. M.45, s. 338.
Reduction of township rates for general purposes
339.(1)The ratepayers of the village are entitled to such deduction from the township rate for general purposes payable by them as may be agreed upon between the trustees and the council of the township or, if the village comprises parts of two or more townships, by the councils of the respective townships or, if they are unable to agree, as shall be determined by a judge of the Ontario Court (General Division). Application to O.M.B. (2)Either party may at any time apply to the Municipal Board for a modification of the terms of the agreement or order. R.S.O. 1990, c. M.45, s. 339.
Performance of statute labour
340.(1)The trustees are entitled to have the statute labour to be performed by the ratepayers of the village performed in the village. When council required to commute (2)If the trustees request the council of the township to commute the statute labour payable by the ratepayers in that part of the village that is situate in the township, the council shall provide for such commutation at such rate, not exceeding $3 per day, as may be requested by the trustees. Collection and application of commutation money (3)The amount of the commutation money shall be collected by the collector of the township and be placed to the credit of the trustees in the books of the treasurer of the township. R.S.O. 1990, c. M.45, s. 340.
Powers of trustees
341.The trustees may, (a) construct sidewalks and culverts and make, improve, drain and repair the highways in the village; (b) make contracts for the supply of light, heat, power, water or other public utilities by any person to the trustees for the purposes of the village or to the residents thereof; (c) enter into agreements for the supply of fire protection in the village by any person or corporation, and do all things necessary for any of such purposes. R.S.O. 1990, c. M.45, s. 341.
Payment by township treasurer of orders of trustees
342.(1)The treasurer of a township shall, if he or she has money of the corporation in hand and not otherwise appropriated, from time to time pay any order of the inspecting trustee or of any two of the trustees to the extent of, (a) the sum required by section 337 to be levied by the council of the township and any sum that the council is required by this Part to place to the credit of the trustees, although the same have not been then collected; (b) any money received for licence fees under any by-law of the trustees and for penalties for breaches of any such by-law. When order not to be given (2)An order shall not be given under this section except for work actually performed or in payment pursuant to an executed contract. R.S.O. 1990, c. M.45, s. 342.
Submission of money by-laws for certain purposes
343.(1)Upon the application of the trustees, the council of a township in which a police village is situate shall pass a by-law for borrowing money for, (a) the construction of sidewalks of cement, concrete, brick or other permanent material; (b) the purchase of fire engines and other appliances for fire protection and the supply of water therefor; (c) lighting the highways in the village; (d) supplying water, light, heat or power to the trustees for the purposes of the village or to the residents thereof; (e) acquiring land as a site for and erecting thereon a police village hall, and for the issue of debentures of the corporation of the township for the money borrowed. Special rate (2)The special rate for the payment of the principal and interest shall be imposed upon the rateable property in the village. Expenditure of money borrowed (3)The money borrowed shall be retained in the hands of the treasurer of the township who shall pay out of it the orders of the inspecting trustee or of any two trustees in payment for work actually performed or of an executed contract with respect to the work or service for undertaking which the by-law was passed. Undertaking of work (4)When the by-law is passed, the trustees may undertake the work or service. Control of fire engines, etc. (5)The trustees have the control, care and management of the fire engine and appliances, and of the plant and appliances for the supply of water, light, heat or power, and of the police village hall. Statement to be furnished to clerk of township of amount required to be levied for certain purposes (6)The trustees shall in each year before the striking of the rate by the council of the township furnish to the clerk a statement showing in detail the amount required to be levied upon the rateable property of the village for the current year for any such work or service that has been undertaken and for the care and maintenance of any fire engine and appliances purchased and for providing water therefor and for the maintenance and operation of the plant and appliances for the supply of light, heat or power and of the police village hall. R.S.O. 1990, c. M.45, s. 343.
Purchase of fire engines and appliances
344.(1)The trustees may, with the consent of the council of the township in which the village is situate expressed by by-law or resolution, purchase fire engines and appliances for fire protection. Township to pass debenture by-law (2)Upon the purchase being made, the council of the township shall pass a by-law for raising the amount of the purchase money by the issue of debentures of the corporation of the township. Special rate (3)The special rate imposed for the payment of the debentures shall be imposed upon the rateable property in the village. Application (4)Subsections 343 (5) and (6) apply to a fire engine and appliances purchased under the authority of this section. R.S.O. 1990, c. M.45, s. 344.
Fire-protection agreements
345.(1)The trustees may enter into agreement with any municipality for the use of the fire-fighting equipment, or any of it, of the village upon such terms and conditions and for such consideration based on cost as may be agreed upon, but despite any such agreement no liability accrues to the trustees for failing to supply the use of the fire-fighting equipment, or any of it. Management of joint fire departments (2)For the purposes of the joint management and operation of fire departments under paragraph 5 of section 207, the trustees have all the powers of the council of a township, except the power to issue debentures. R.S.O. 1990, c. M.45, s. 345. Establishment of Parks, Gardens, etc.
Acquiring land for parks, exhibitions, etc.
346.(1)Upon the petition of three-fourths of the persons qualified to vote at an election of trustees for a police village, the council of the township in which the police village is situate may pass a by-law for acquiring land within or outside the limits of the village for a highway or for a public park, garden or place for exhibitions, and for the erection thereon of such buildings and fences as the council considers necessary for the purposes of such highway, park, garden or place for exhibitions and may dispose of such land when no longer required for such purposes. Control and management of parks, etc. (2)The trustees have the care, control and management of such highway, park, garden or place. Powers of township council as to levying cost of parks, etc. (3)The council of the township may provide, (a) that the money required for the purpose mentioned in subsection (1) shall be levied upon the rateable property in the village; or (b) that such money be raised by the issue of debentures of the corporation of the township. Special rates (4)The by-law shall impose the special rate for the payment of the debentures upon the rateable property in the village. Statement as to amount required for maintenance of parks, etc. (5)The trustees shall annually, before the striking of the rate for the year by the council of the township, furnish to the council a statement showing in detail the amount required to be levied for the current year for managing and maintaining the highway, park, garden or place for exhibitions, and the same shall be levied upon the land in the village. R.S.O. 1990, c. M.45, s. 346.
Trustees to pass money by-laws where village situate in two or more townships
347.(1)Despite sections 343, 344 and 345, where a police village comprises parts of two or more townships the trustees of the police village have all the powers of a council of a village to pass by-laws for the purposes mentioned in those sections, but this subsection does not authorize the trustees of a police village to issue debentures. Proportions of debt (2)A by-law passed under subsection (1) shall fix the proportion of the debt for payment of which the special rate is to be imposed, which is to be borne by the part of the village situate in each township, and such proportion shall be the same as that in which the annual sum to be levied as provided by section 337 is to be levied according to the then last determination of the assessors or of the assessors and inspecting trustee under section 338. Certified copy for each township (3)The trustees shall serve a certified copy of a by-law passed under subsection (1) upon the clerk of each of the townships within which a part of the police village is situate. By-law of township for raising money (4)The council of each township shall forthwith thereafter pass a by-law for raising the amount that is to be borne by that part of the village situate in the township by the issue of debentures of the corporation of the township, payable as provided by the by-laws of the trustees, and it is not necessary that such by-law impose any rate for the payment of the debentures. Special rates (5)The special rates imposed by the by-law of the trustees shall be levied and collected by the councils of the townships within which the property upon which they are imposed is situate. R.S.O. 1990, c. M.45, s. 347. Special Powers
Special powers of trustees
348.(1)The trustees have the like power to pass by-laws as is conferred on the council of a village with respect to, (a) driving or riding on roads and bridges, by paragraphs 39 and 40 of section 207; (b) the granting of land in aid of public libraries, and may grant money to such public libraries; (c) vehicles on sidewalks, by paragraph 42 of section 207; (d) pounds, by paragraphs 3, 4, 6 and 7 of section 210; (e) removal of snow and ice, by paragraphs 60 and 61 of section 210; (f) spitting on sidewalks, by paragraph 120 of section 210; (g) horses and cattle upon sidewalks, by paragraph 119 of section 210; (h) traffic on highways, etc., by paragraph 123 of section 210; (i) Repealed: 1996, c. 1, Sched. M, s. 23 (1). (j) Repealed: 1996, c. 1, Sched. M, s. 23 (1). (k) Repealed: 1996, c. 1, Sched. M, s. 23 (1). (l) trees on highways, by section 312, and may grant money to be spent for the planting of shade or ornamental trees upon any such highway; (m) fire or fire prevention, by paragraphs 35, 40, 41, 43, 44, 45 and 49 of section 210; (n) gunpowder, by paragraph 15 of section 210; and (o) rubbish, refuse or debris, by paragraph 82 of section 210, and paragraph 5 of subsection 314 (1). R.S.O. 1990, c. M.45, s. 348 (1); 1996, c. 1, Sched. M, s. 23 (1). (2)Repealed: 1996, c. 1, Sched. M, s. 23 (2). When by-law of township not to apply to village (3)While a by-law passed under subsection (1) is in force, no by-law of the council of the township applicable to the same subject-matter applies to or is in force in the village. R.S.O. 1990, c. M.45, s. 348 (3).
Authentication of by-laws
349.(1)Every by-law of the trustees shall be signed by at least two of them. Certified copies to be sent to clerk of township (2)A certified copy of every such by-law shall within seven days after it is passed be transmitted to the clerk of every township a part of which is comprised in the village. R.S.O. 1990, c. M.45, s. 349. Prosecutions
Application of s. 320
350.Section 320 applies with necessary modifications to by-laws passed under subsection 348 (1) by the trustees of a police village. R.S.O. 1990, c. M.45, s. 350. Incorporation of Trustees
Present corporation continued
351.Where the trustees of a police village have heretofore been created a body corporate, the corporation is hereby continued under its present name until dissolved. R.S.O. 1990, c. M.45, s. 351.
Appointment of chair and secretary
352.(1)At its first meeting in each year of its term, the board shall appoint one of its members to be the chair and shall also appoint a secretary. Presiding officer (2)The chair shall, if present, preside at all meetings of the board and in his or her absence the board shall appoint one of its members to act as chair during such absence. R.S.O. 1990, c. M.45, s. 352.
Authentication of by-laws
353.(1)The by-laws of the board shall be signed by the chair or acting chair and shall be sealed with its seal. Proof of by-laws (2)The provisions of this Act as to the proof of by-laws of a council apply to the by-laws of the board. R.S.O. 1990, c. M.45, s. 353.
Repair and maintenance of improvements and works
354.The expenses of repairing and maintaining all works, improvements and services undertaken by the board under the authority of this Act shall be borne by the board, and such expenses shall be levied and collected by the councils of the townships on the requisition in writing of the board, in like manner as the money to be levied as provided by section 337. R.S.O. 1990, c. M.45, s. 354.
Remedy over of township against board for damages occasioned by non-repair
355.(1)If the board defaults in maintaining and keeping in repair any such work, and the corporation of a township becomes liable under section 284 for damages suffered by or occasioned to any person in consequence of such default, the corporation is entitled to the remedy over against the board provided for by section 289. Special rate for collection of amount of damages (2)The amount required to satisfy the liability of the board shall be levied and collected by a special rate on the rateable property in the village, and it is the duty of the board to make a requisition in writing to the council of the township to levy and collect the same. Apportionment of special rate (3)Where a village comprises parts of two or more townships, the special rate shall be apportioned between the townships in the manner provided by section 338, and shall be levied and collected by the councils thereof in accordance with the requisition of the board. R.S.O. 1990, c. M.45, s. 355.
Power to construct water, light, heat, power and gas works
356.(1)The board has the like powers as the council of a village for constructing, purchasing, improving, extending, maintaining, managing and conducting water, light, heat, power and gas works. Copy of by-law to be filed with township clerk (2)A copy of every by-law passed under the authority of subsection (1) shall be filed with the clerk of every township in which any part of the village is situate. Special rates (3)Where the village is situate in one township, the council of that township shall levy and collect the amount required to be raised under any such by-law by a special annual rate upon the rateable property in the village, and, where the village comprises parts of two or more townships, the council of each township shall levy and collect the proportion of the amount to be raised by it by a special annual rate on the rateable property in that part of the village situate in such township. Proportion of each township (4)The proportion to be raised by each township shall be determined under section 338. Issue of debentures (5)Where it is necessary to issue debentures for any of the purposes of this section, the township or townships in which the village is situate may issue debentures for its due proportion to be determined as aforesaid. R.S.O. 1990, c. M.45, s. 356.