jswizzle3737/ontario_laws_and_regs huggingface dataset:
Federation of Agriculture, special rate
161.(1)The council of a local municipality may by by-law assess and levy a special rate upon the ratepayers of the local municipality who are entered on the assessment roll in respect of land assessed as farm land as the annual membership fees of such persons in the Federation of Agriculture. R.S.O. 1990, c. M.45, s. 161 (1); 1997, c. 5, s. 47 (1). Maximum (1.1)The special rate shall be expressed as a percentage of the assessment of property and shall not exceed .05 percent. 1997, c. 5, s. 47 (2). By-law remains in force until repealed (2)A by-law passed under subsection (1) remains in force until amended or repealed, and it is not necessary to pass such by-law annually. How special rate may be avoided (3)Any person liable to a special rate under a by-law passed under subsection (1) may, within thirty days after delivery of the notice of taxes under section 392, notify in writing the clerk that the person objects to the assessment and levy by the by-law authorized by subsection (1), and thereupon the clerk shall amend the collector’s roll by striking out such assessment and levy in respect of such person and shall write his or her name or initials against such amendment and deliver a notice of taxes amended accordingly to such person. Nature of special rate (4)The rate mentioned in subsection (1) shall be assessed, levied and collected in the same manner as local rates and shall be similarly calculated upon the assessments as finally revised and shall be entered in the collector’s roll in a special column the heading whereof shall be designated “Federation of Agriculture Membership Fees”, but does not form a charge upon land and is not subject to penalty for non-payment. Deposit of sums collected (5)The treasurer of the local municipality shall deposit the sums collected under this section in a special account and shall from time to time upon demand pay such sums to the treasurer of the Federation of Agriculture for the county in which the local municipality is situate. Termination of duty to collect (6)The treasurer of the local municipality shall on the date fixed by statute for the return of the collector’s roll prepare and forward to the treasurer of the Federation of Agriculture for the county in which the local municipality is situate a list of the names of the ratepayers to whom the by-law mentioned in subsection (1) is applicable and whose rates thereunder have not been collected, and thereupon the duty of the local municipality to collect such rates terminates. Payment of services (7)The treasurer of the local municipality shall deduct from the sums collected such amounts for the services rendered as may be authorized in writing by the treasurer of the Federation of Agriculture for the county in which the local municipality is situate and shall pay such amounts into the general funds of the local municipality. R.S.O. 1990, c. M.45, s. 161 (2-7). 162.Repealed: 1997, c. 5, s. 48.
Payment of services
162.Repealed: 1997, c. 5, s. 48.
Definition
162.1(1)In this section, “municipality” includes a regional, district or metropolitan municipality and the County of Oxford. Interest (2)A municipality may by by-law provide that earnings derived from the investment of a reserve shall form part of that reserve. 1992, c. 15, s. 9.
Definitions
163.(1)In this section,  “local board” means a local board as defined in the Municipal Affairs Act;(“conseil local”) “municipality” means a county, city, town, village or township;(“municipalité”) “other entity” means a board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory.(“autre entité”) Reserve fund (2)Every municipality, local board and other entity may in each year provide in its estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to expend funds. Approval of council (2.1)If the approval of a council is required by law for a capital expenditure or the issue of debentures by or on behalf of a local board, the local board must obtain the approval of the council before providing for a reserve fund for those purposes in its estimates. Investment (2.2)The money raised for a reserve fund shall be paid into a special account, and may be invested only in the following securities: 1. In the case of a municipality or local board, the securities in which the municipality is permitted to invest under section 167. 2. In the case of any other entity, the securities or classes of securities that are prescribed. Same (2.3)The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 33 (1). Consolidated account (3)The council may by by-law provide that, instead of a separate account being kept for each reserve fund, a consolidated account may be kept in which there may be deposited the money raised for all reserve funds established under this section but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of each reserve fund. Expenditure of reserve fund money (4)The council may by by-law provide that the money raised for a reserve fund established under subsection (1) may be spent, pledged or applied to a purpose other than that for which the fund was established. R.S.O. 1990, c. M.45, s. 163 (3, 4). Auditor to report on reserve funds (5)The auditor in the annual report shall report on the activities and position of each reserve fund established under subsection (2). R.S.O. 1990, c. M.45, s. 163 (5); 1996, c. 32, s. 33 (5). Regulations (6)The Lieutenant Governor in Council may make regulations prescribing securities or classes of securities for the purposes of paragraph 2 of subsection (2.2). Same (7)A regulation made under subsection (6) may be general or particular in its application. 1996, c. 32, s. 33 (6).
Contributions re expenses incurred by corporation re proposed subdivision of land
164.(1)Where a contribution is received by a municipal corporation in consideration of the expense incurred or to be incurred by the corporation as a result of a proposed subdivision of land, such contribution shall be used only to meet expenditures for work done within the subdivision or for the benefit or use of the occupiers or subsequent occupiers of the land within the subdivision or to meet expenditures incurred wholly or in part by reason of the subdivision of such land and, where a contribution is made for a specific purpose, it may be used only to meet expenditures for such purpose. R.S.O. 1990, c. M.45, s. 164 (1). Special account (2)The contributions shall be paid into a special account, and subsections 163 (2.2), (2.3) and (3) apply with necessary modifications. 1996, c. 32, s. 34 (1). Use for other purposes (3)Despite subsection (1), if any of the contributions referred to in subsection (1) are not required or likely to be required for the purposes mentioned in subsection (1), they may be spent for some other purpose. R.S.O. 1990, c. M.45, s. 164 (3).
If the amount collected falls short
165.(1)Where the amount collected falls short of the sum required, the council may direct that the deficiency be made up from any unappropriated fund, or, if there is no such fund, the deficiency may be deducted proportionately from the sums estimated, or from any one or more of them. When sums collected exceed estimate (2)Where the amount collected exceeds the estimates, the surplus forms part of the general funds and is at the disposal of the council, unless otherwise specially appropriated. R.S.O. 1990, c. M.45, s. 165.
Rates to be due on January 1st
166.The rates imposed for any year shall be deemed to have been imposed and to be due on and from the 1st day of January of such year unless otherwise expressly provided by the by-law by which they are imposed. R.S.O. 1990, c. M.45, s. 166. PART XII   FINANCES Accounts and Investments
Definition
167.(1)In this section, “municipality” includes a metropolitan, regional or district municipality and the County of Oxford. Investment, advance to capital account (2)If a municipality has money that it does not require immediately, it may, (a) subject to the prescribed rules, invest the money in prescribed securities; or (b) advance the money to its capital account as interim financing of capital undertakings of the municipality. Repayment with interest (3)An investment or advance under subsection (2) shall be made repayable on or before the day on which the municipality requires the money; any interest earned shall be credited to the fund from which the money was invested or advanced. Combined investments (4)A municipality may combine money held in the general fund, the capital fund and the reserve fund and deal with the money in accordance with subsection (2). Allocation (5)Earnings from the combined investments shall be credited to each separate fund in proportion to the amount invested from that fund. Regulations (6)The Lieutenant Governor in Council may make regulations, (a) prescribing rules for the purposes of clause (2) (a); (b) prescribing securities or classes of them for the purposes of clause (2) (a); (c) providing that a municipality does not have power to invest under this section in specified securities or classes of securities, and specifying the securities and classes. Same (7)A regulation made under subsection (6) may be general or particular in its application. 1996, c. 32, s. 35.
Loan of securities
167.1A municipality may lend any securities held by it if the loan is fully secured by cash or by other securities described in clause 167 (2) (a). 1992, c. 15, s. 11; 1996, c. 32, s. 36. 167.2Repealed: 1996, c. 32, s. 37.
Loan of securities
167.2Repealed: 1996, c. 32, s. 37.
Agents
167.3(1)A power given to a municipality to invest money includes the power to invest the money through an agent of the municipality. Limitation (2)Subsection (1) does not apply to money invested for the purpose of paying the principal and interest of sinking fund debentures. 1992, c. 15, s. 11.
Definitions
167.4(1)In this section, “college” means a board of governors of a college of applied arts and technology established under section 5 of the Ministry of Colleges and Universities Act; (“collège”) “hospital” has the same meaning as “board” in section 1 of the Public Hospitals Act; (“hôpital”) “municipality” includes a metropolitan, regional and district municipality and the County of Oxford; (“municipalité”) “person” includes a local board as defined in the Municipal Affairs Act; (“personne”) “school board” has the same meaning as “board” in subsection 1 (1) of the Education Act but does not include a board established under section 68 of that Act; (“conseil scolaire”) “university” means a degree granting institution as authorized under section 3 of the Degree Granting Act. (“université”) 1993, c. 26, s. 47; 1996, c. 32, s. 38 (1); 1997, c. 31, s. 155 (9). Joint investment (2)A power given to a municipality under this Act to invest money includes the power to enter into an agreement with any other municipality, or with a hospital, university, college or school board, or their agents, for the joint investment of money. 1993, c. 26, s. 47. (3)Repealed: 2001, c. 25, s. 478 (1). Regulations (4)For the purposes of subsection (2), the Minister may make regulations, (a) prescribing additional persons or classes of them with which a municipality may enter into joint investment agreements; (b) prescribing conditions to be satisfied before a municipality may enter into a joint investment agreement with a person or class of persons prescribed under clause (a). 1996, c. 32, s. 38 (3).
Accounts, how to be kept
169.(1)Every council shall, (a) keep a separate account of every debt; (b) where the whole of a debt is not payable in the current year, keep in respect thereof, (i) an additional account for the interest, if any, and (ii) an additional account for the sinking fund or the instalments of principal, distinguished from all other accounts by a prefix designating the purpose for which the debt was contracted; and (c) keep the accounts so as to exhibit at all times the state of every debt and the amount of money raised, obtained and appropriated for the payment of it. Consolidated interest account (2)The council of a city may by by-law provide and direct that, instead of a separate account of the interest upon every debt being kept, a consolidated account of the interest upon all debts may be kept, but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of the interest account upon every debt and that provision has been made to meet the interest upon every debt. Consolidated sinking fund account (3)The council of a city may by by-law provide that, instead of a separate bank account being kept for the sinking fund of every debt that is to be paid by means of a sinking fund, a consolidated bank account may be kept in which there may be deposited the sinking funds of all debts that are to be paid by such means, but which consolidated bank account shall be so kept that the requirements of the sinking fund of every debt are duly provided for. R.S.O. 1990, c. M.45, s. 169.
Application of surplus money
170.If, in any year, after paying the interest and appropriating the necessary sum to the sinking fund or in payment of the instalments, there is a surplus properly applicable to such debt, it shall so remain until required in due course for the payment of interest or for the sinking fund or in payment of the principal. R.S.O. 1990, c. M.45, s. 170.
Where surplus in sinking fund
171.Despite any general or special Act, where the revenue derived from the investment of sinking funds together with other accretions exceeds the aggregate requirements of all by-laws applicable thereto and the excess is represented in a consolidated surplus account or other separate funds, the commissioner of finance, the treasurer of the municipality or the trustees of the sinking fund, as the case may be, may with the approval of the council apply the amount of such surplus to the sinking fund of each debt proportionately as the amount of the sinking fund of each such debt bears to the aggregate of the sinking funds of all such debts and, despite sections 174 and 175, the amount of such surplus not so applied may with the approval of the council be transferred to the general funds of the municipality. R.S.O. 1990, c. M.45, s. 171; 1996, c. 32, s. 40.
Where amount in sinking fund sufficient
172.Despite any general or special Act, when the amount in a sinking fund is sufficient, with the estimated revenue therefrom, to pay the principal of the debt as it becomes due, the council may not be required to raise or provide any further sum with respect to such debt. R.S.O. 1990, c. M.45, s. 172; 1996, c. 32, s. 41. 173.Repealed: 1996, c. 32, s. 42.
Where amount in sinking fund sufficient
173.Repealed: 1996, c. 32, s. 42.
Money levied for a sinking fund not to be diverted
174.No money collected for the purpose of a sinking fund shall be applied towards paying any part of the current or other expenditure of the corporation. R.S.O. 1990, c. M.45, s. 174.
Liability of members for diversion of sinking fund
175.(1)If the council applies any money raised for a special purpose or collected for a sinking fund in paying current or other expenditure, the members who vote for such application are personally liable for the amount so applied, which may be recovered in a court of competent jurisdiction. Action by ratepayer (2)If the council, upon the request in writing of a ratepayer, refuses or neglects for one month to bring an action therefor, the action may be brought by any ratepayer on behalf of all ratepayers. Disqualification (3)The members who vote for such application are disqualified from holding any municipal office for two years. R.S.O. 1990, c. M.45, s. 175.
Statement of treasurer as to amount required for sinking fund
176.(1)The treasurer of a municipality in which any sum is required by law to be raised for a sinking fund shall prepare and lay before the council in every year, previous to the striking of the annual rate, a statement showing what amount will be required for that purpose. Offence (2)Every treasurer who contravenes subsection (1) is guilty of an offence. R.S.O. 1990, c. M.45, s. 176.
Penalty where council neglects to levy for sinking fund
177.If the council neglects in any year to levy the amount required to be raised for a sinking fund, each member of the council is disqualified from holding any municipal office for two years, unless the member shows that he or she made reasonable efforts to procure the levying of such amount. R.S.O. 1990, c. M.45, s. 177. 178.Repealed: 1996, c. 32, s. 43. Debentures
Penalty where council neglects to levy for sinking fund
178.Repealed: 1996, c. 32, s. 43. Debentures
Execution
179.(1)A debenture shall bear, (a) the corporation’s seal; and (b) the signatures of, (i) the head of the council, or another person authorized to sign by a by-law of the corporation, and (ii) the treasurer. To whom payable (2)A debenture may be made payable to bearer or to a named person or bearer. Full amount recoverable (3)The full amount of a debenture is recoverable even if it was negotiated at a discount by the corporation. Mechanical reproduction of seal and signatures (4)The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced. Signature (5)A debenture is sufficiently signed if, (a) it bears the required signatures; and (b) each person signing has authority to do so on the date he or she signs. Interest coupons (6)Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture. Application of subss. (4) and (5) (7)Subsections (4) and (5) also apply to the execution of interest coupons. 1996, c. 32, s. 44.
Debentures on which payment has been made for one year to be valid
180.Where the interest for one year or more on the debentures issued under a by-law and the principal of any debenture that has matured has been paid by the corporation, the by-law and the debentures issued under it are valid and binding upon the corporation. R.S.O. 1990, c. M.45, s. 180.
Mode of transfer may be prescribed
181.(1)Where a debenture contains or has endorsed upon it a provision to the following effect: This debenture, or any interest therein, is not, after a certificate of ownership has been endorsed thereon by the treasurer of this corporation, transferable, except by entry by the treasurer in the debenture registry of the Corporation at the of the treasurer, on the application of the owner of the debenture or of any interest in it, shall endorse upon the debenture a certificate of ownership and shall record in a debenture registry, a copy of the certificate and of every certificate that is subsequently given and shall also enter a memorandum of every transfer of such debenture. R.S.O. 1990, c. M.45, s. 181 (1); 1992, c. 15, s. 13 (1). Requirements as to endorsing certificate of ownership (2)A certificate of ownership shall not be endorsed on a debenture except by the written authority of the person last entered as the owner of it, or an executor or administrators of that person or the attorney of any of them, which authority shall be retained and filed by the treasurer. R.S.O. 1990, c. M.45, s. 181 (2). Transfer by entry in registry (3)After a certificate of ownership has been endorsed, the debenture is transferable only by entry by the treasurer in the debenture registry when a transfer of the debenture is authorized under subsection (2). R.S.O. 1990, c. M.45, s. 181 (3); 1992, c. 15, s. 13 (2). Registration (4)A debenture may be registered as to principal and interest, in which case the interest shall be paid by cheque or, if authorized in writing by the owner of the debenture, by electronic transfer and the debenture may be referred to as a fully registered debenture. 1992, c. 15, s. 13 (3). When debenture registry may be maintained outside Canada (5)Where debentures are payable in a currency other than that of Canada, the council may provide that the debenture registry of the corporation in respect of such debentures be maintained outside of Canada by a corporation or person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the council considers appropriate. R.S.O. 1990, c. M.45, s. 181 (5); 1992, c. 15, s. 13 (4).
Records storage
181.1(1)The following records may be kept electronically or by using a magnetic medium: 1. Copies of certificates of ownership and original memoranda of debenture transfers under subsection 181 (1). 2. Names and addresses of the owners of registered debentures under sections 140, 141 and 142. 3. Particulars of the cancellation and destruction of debentures under subsection 140 (17) and the issuance of any debentures in exchange. Admissibility (2)Any writing produced from an electronic or magnetic medium that represents the copy of a certificate of ownership kept under paragraph 1 of subsection (1) and that is in a readily understandable form is admissible in evidence to the same extent as a copy of the certificate under subsection 181 (1). Idem (3)If there is no original written record, any writing produced from an electronic or magnetic medium that is in a readily understandable form and that represents a memorandum of debenture transfer or the records kept under paragraph 2 or 3 of subsection (1) is admissible in evidence to the same extent as if it were an original written record. 1992, c. 15, s. 14.
Replacement of lost debentures
182.Where a debenture is defaced, lost or destroyed, the council may by by-law provide for the replacing of the debenture on the payment of such fee and on such terms as to evidence and indemnity as the by-law may provide. R.S.O. 1990, c. M.45, s. 182.
Borrowing by hypothecation of debentures
183.(1)A council, pending the sale of a debenture, or in lieu of selling it, may by by-law or resolution authorize the head and treasurer to raise money by way of loan on the debenture and to hypothecate it for the loan. Application of proceeds of loan (2)The proceeds of every such loan shall be applied to the purposes for which the debenture was issued, but the lender shall not be bound to see to the application of the proceeds, and, if the debenture is subsequently sold, the proceeds of the sale shall be applied first in repayment of the loan. Hypothecation not to prevent subsequent sale of debentures (3)Subject to subsection (2), the redemption of a debenture heretofore or hereafter hypothecated shall not be deemed to have prevented and does not prevent the subsequent sale thereof. R.S.O. 1990, c. M.45, s. 183. 184.Repealed: 1996, c. 32, s. 45.
Hypothecation not to prevent subsequent sale of debentures
184.Repealed: 1996, c. 32, s. 45.
Where debentures sold at premium
185.(1)Where on the sale of the whole or any part of an issue of debentures a premium is derived and money in addition to the principal sum of the debentures are required for the purpose or purposes for which the debentures were issued, the premium shall be applied to such purpose or purposes. Idem (2)Where the whole or any part of the premium is not required for the purpose or purposes for which the debentures were issued, the amount of the premium or of the part not so required shall be applied as follows: 1. Where the amount is sufficient to redeem one or more debentures of the latest maturity, it shall be applied for that purpose. 2. Where the amount is not sufficient to redeem a debenture or where a balance remains after redemption as required by paragraph 1, the amount or the balance, as the case may be, shall be applied on the first annual payment of principal and interest on the debentures, and the levy made in the first year for such purpose shall be reduced accordingly. R.S.O. 1990, c. M.45, s. 185 (1, 2). Deficit on sale of debenture (3)If a deficit is sustained on the sale of all or part of an issue of debentures of a municipality and all or part of the amount of the deficit is required for the purposes for which the debentures were issued, the amount required shall be, (a) added to the sum to be raised in the first year for the payment of principal and interest on the debentures, and the levy made in the first year shall be increased accordingly; or (b) raised by the issue of other debentures for the same or similar purposes. 1996, c. 32, s. 46.
Tenders for debentures
186.When a municipal corporation intends to borrow money on debentures under this or any other Act, the council may prior to the issue thereof call for tenders for the amount of money required and the person tendering shall specify the rate of interest or the method of calculating the rate of interest the debentures shall bear when issued at par. R.S.O. 1990, c. M.45, s. 186; 1996, c. 32, s. 47. Temporary Loans
Interim financing
188.(1)If a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking. Copy of by-law (2)At the time that any amount is borrowed under this section, the treasurer shall on request give to the lender a copy of the by-law authorizing the temporary borrowing. Use of loan (3)The proceeds of every loan obtained under this section shall be applied for the purposes of the undertaking approved by the by-law. 1992, c. 15, s. 16.
Power to borrow to meet guarantee of debentures
189.When a corporation guarantees the payment of the principal or interest of any bonds or debentures and default is made in payment of the principal or interest by the person primarily liable therefor, the council of the corporation may agree with any bank or person for temporary advances to meet the amount in default in any one year pending the collection of such amount by a rate on all the rateable property in the municipality or, where the guarantee is by or on behalf of a section or portion of a township, by a rate on all the rateable property in such section or portion. R.S.O. 1990, c. M.45, s. 189. PART XIII   ACQUISITION OF LAND AND COMPENSATION Land Taken or Injuriously Affected
Definitions
190.In this Part, “expropriation” means taking without the consent of the owner, and “expropriate” and “expropriating” have corresponding meanings; (“expropriation”, “exproprier”, “expropriant”) “owner” includes a mortgagee, lessee, tenant, occupant, trustee in whom land is vested, guardian of the property of a minor or of a mentally incapable person, executor, administrator and person entitled to a limited estate or interest in land. (“propriétaire”) R.S.O. 1990, c. M.45, s. 190; 1992, c. 32, s. 22.
Power to acquire or expropriate land
191.(1)The council of every corporation may pass by-laws for acquiring or expropriating any land required for the purposes of the corporation, and for erecting and repairing buildings thereon, and for making additions to or alterations of such buildings, and may sell or otherwise dispose of the same when no longer so required. Lease (2)Without limiting the generality of this section, in subsection (1) “otherwise dispose of” shall be deemed to include and to have always included a lease. Taking more land than required (3)Where in the exercise of its powers of acquiring or expropriating land it appears to the council that it can acquire a larger quantity of land from any particular owner at a more reasonable price and on terms more advantageous than those upon which it could obtain the part immediately required for its purposes, the council may acquire or expropriate such larger quantity and may afterwards sell and dispose of so much of it as is not so required. Land to be described in by-law, etc. (4)A by-law for entering on or expropriating land shall contain a description of the land and, if it is proposed to expropriate an easement or other right in the nature of an easement, a statement of the nature and extent of the easement to be expropriated. R.S.O. 1990, c. M.45, s. 191 (1-4). Power to expropriate land of another municipality (5)A municipality as defined in the Municipal Affairs Act that has authority to expropriate land may, with the approval of the Municipal Board, exercise this authority in respect of the land of another such municipality. R.S.O. 1990, c. M.45, s. 191 (5); 1997, c. 26, Sched. Use of lands owned by corporation (6)The council of every corporation may pass by-laws providing for the use by the public of lands of which the corporation is the owner and for the regulation of such use and the protection of such lands. R.S.O. 1990, c. M.45, s. 191 (6).
Power to use excess land by way of compensation to owners
192.(1)Any land acquired or taken by a corporation in the exercise of the powers conferred by any general or special Act in excess of the land actually required for the opening, widening, extension or straightening of a highway may be used in or towards making compensation by way of restitution to the owner of other land taken for or in connection with the work, and the corporation may lawfully exercise such powers in pursuance of an agreement to that effect with such owner or with a view to making or proposing to make such an agreement. Offer to transfer excess land by way of compensation to be considered in award, award to be binding (2)If in any proceeding to fix compensation for land taken by it the corporation offers to transfer or assure additional or other land to the owner by way of enlarging the remainder of the owner’s parcel or in substitution for that parcel, such offer shall be taken into account and dealt with in the award and, if the award is based on such transfer being made, the offer is binding on the corporation in the terms fixed by the award, subject to any right of appeal, and the offer and final award together constitute an agreement between the parties, and the owner is entitled to have such additional or substituted land dealt with in accordance therewith. Power of Municipal Board to order performance of agreement (3)In such case, upon the application of the corporation or of an interested party, the Municipal Board may make such orders to compel the taking by the corporation of such additional land for the purposes of the agreement and as to the vesting of the title to the land in accordance with the agreement as may be necessary to protect and enforce the rights of all parties interested. R.S.O. 1990, c. M.45, s. 192.
Judge as sole arbitrator
197.(1)Except in cases where there is an official arbitrator, a judge of the Ontario Court (General Division) shall be sole arbitrator. Procedures (2)The provisions of the Municipal Arbitrations Act as to procedure and appeals apply to arbitrations held and awards made by the judge. R.S.O. 1990, c. M.45, s. 197.
Municipal Board as arbitrator
198.(1)Despite this Act or any other Act, the council may by by-law designate the Municipal Board as the sole arbitrator, in which case the Municipal Board has and may exercise all the powers and duties of an official arbitrator. Procedure (2)Except as provided in subsection (3), the Ontario Municipal Board Act applies to proceedings taken before the Municipal Board under this section. Appeals (3)The provisions of the Municipal Arbitrations Act with respect to appeals apply to awards made by the Municipal Board under this section. R.S.O. 1990, c. M.45, s. 198. PART XV   PROCEEDINGS BY AND AGAINST MUNICIPAL CORPORATIONS
Right to enforce agreements, etc.
199.Where a duty, obligation or liability is imposed by statute upon any person in favour of a municipal corporation, or the inhabitants, or some of the inhabitants, of a municipality, or where a contract or agreement is entered into that imposes such a duty, obligation or liability, the corporation has the right to enforce it and to obtain as complete and as full relief and remedy as could be obtained in a proceeding by the Attorney General, or by the Attorney General, as applicant, on the relation of any interested person, or in a proceeding by such inhabitants or one or more of them, on their own behalf, or on behalf of themselves and of such inhabitants. R.S.O. 1990, c. M.45, s. 199.
Corporation to be liable for acts done under illegal by-law
200.A proceeding shall not be brought for anything done under a by-law, order or resolution of a council that is invalid, in whole or in part, until one month after the by-law, order or resolution, or so much of it as is invalid, has been quashed or repealed, and every such proceeding shall be brought against the corporation alone, and not against any person acting under the by-law, order or resolution. R.S.O. 1990, c. M.45, s. 200. PART XVI   ADMINISTRATION OF JUSTICE
Police office
201.The council of every city and town shall establish and maintain therein a police office. R.S.O. 1990, c. M.45, s. 201.
Accommodation, etc., for police office
202.The council shall provide all necessary and proper accommodation, fuel, light, stationery and furniture for the police office, and for the officers connected with it. R.S.O. 1990, c. M.45, s. 202.
Existing county and district towns continued
203.Until otherwise provided by law, the existing county and district towns shall continue to be the county and district towns of the counties and districts in which they are respectively situate. R.S.O. 1990, c. M.45, s. 203.
Conveyance of prisoners
204.Where the attendance of a prisoner in a correctional institution is required at a hearing or proceeding, the municipality that was responsible for delivering the prisoner to the correctional institution is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner’s return. 1997, c. 8, s. 43.
Detention facilities
205.(1)Subject to the approval of the Ontario Civilian Commission on Police Services, the council of every local municipality may establish, maintain and regulate detention facilities for the detention and imprisonment of persons sentenced to imprisonment therein for not more than ten days, and of persons detained for examination on a charge of having committed any offence, or for transfer to any correctional institution for trial, or in the execution of any sentence, and such persons may be lawfully received and so detained in the detention facilities. Joint detention facilities (2)Two or more local municipalities may unite in establishing, maintaining and regulating a detention facility, and such detention facility shall be deemed to be the detention facility of each of them. R.S.O. 1990, c. M.45, s. 205.
Constable in charge
206.(1)Every detention facility shall be placed in the charge of a constable appointed for that purpose. Salary (2)The council may provide for and pay the salary or other remuneration of the constable in charge of a detention facility. R.S.O. 1990, c. M.45, s. 206.
Definitions
206.1(1)In this section, “municipality” includes a regional, metropolitan and district municipality and the County of Oxford;(“municipalité”) “Part X agreement” means an agreement under Part X of the Provincial Offences Act.(“entente prévue à la partie X”) 1998, c. 4, s. 3. Part X agreements (2)A municipality has power to enter into and to perform a Part X agreement. 1998, c. 4, s. 3. Employees and others (3)The functions given to a municipality by a Part X agreement or by an agreement under subsection (4) or (8) may be performed, (a) by the municipality’s employees; (b) by a combination of the municipality’s employees and the employees of another municipality, if the municipalities have an agreement under subsection (4) or (8); or (c) by any other person, with the Attorney General’s consent, as described in subsection 175 (2) of the Provincial Offences Act. 1998, c. 4, s. 3; 2000, c. 5, s. 15 (9). Joint performance agreement between municipalities (4)A municipality that has entered into a Part X agreement may enter into an agreement with one or more other municipalities for the joint performance (by a joint board of management or otherwise) of the functions given to the first municipality by the Part X agreement. 1998, c. 4, s. 3. Attorney General’s consent (5)The joint performance agreement requires the Attorney General’s written consent, obtained in advance. 1998, c. 4, s. 3. Extra-territorial effect (6)The power to perform a Part X agreement may be exercised in an area outside the municipality’s territorial limits if that area forms part of the area specified in the agreement. 1998, c. 4, s. 3. Intermunicipal agreements (7)Municipalities may enter into and perform intermunicipal agreements to implement a Part X agreement. 2000, c. 5, s. 15 (10). Further agreements (8)A municipality that has entered into a Part X agreement may enter into an agreement with one or more municipalities for the performance by the other municipality or municipalities of any of the functions given to the first municipality by the Part X agreement and the municipalities have the power to enter into and perform the agreement. 2000, c. 5, s. 15 (10). Consent (9)An agreement entered into under subsection (8) requires the Attorney General’s written consent. 2000, c. 5, s. 15 (10). Extra-territorial effect (10)The power to perform an agreement under subsection (8) may be exercised in an area outside the municipality’s territorial limits. 2000, c. 5, s. 15 (10). PART XVII   POWERS TO PASS BY-LAWS
Retirement incentives
207.1(1)Subject to subsection (5), every municipality may make by-laws providing to employees, or any class of them, (a) financial incentives in respect of their retirement; and (b) severance payments. Not pensions (2)Payments or incentives provided under this section shall be deemed not to be pensions under this or any other Act. Retroactive (3)Municipalities shall be deemed to have always had the power to make by-laws under this section. Definition (4)In this section, “employee” means an employee as defined in paragraph 46 of section 207. Regulations (5)The Lieutenant Governor in Council may make regulations prescribing limitations or conditions which apply in respect of payments or incentives authorized under this section. Regional municipalities (6)In this section, “municipality” includes a regional, metropolitan or district municipality and the County of Oxford. 1991, c. 54, s. 9.
Agreements re garden suites
207.2(1)A municipality that has the power to authorize the temporary use of a garden suite by a by-law passed under section 39 of the Planning Act may make by-laws for entering into agreements with any persons in respect of that garden suite. Contents of agreement (2)An agreement made under subsection (1) may deal with such matters related to the temporary use of the garden suite as the council of the municipality considers necessary or advisable, including, (a) the installation, maintenance and removal of the garden suite; (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite. Definitions (3)In this section, “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable; (“pavillon-jardin”) “municipality” includes a regional, metropolitan or district municipality and the County of Oxford. (“municipalité”) 1994, c. 2, s. 51.
Grants for patriotic purposes:
208.By-laws may be passed, (a) by the councils of counties, cities, separated towns and separated townships, and of local municipalities in unorganized territory, aid to rifle associations and militia (i) for aiding any regularly organized rifle association or any association or corporation having for its object or one of its objects the promotion of military art, science or literature; and musical bands, musical bands (ii) for aiding the establishment or maintenance of military musical bands; (b) by the councils of all municipalities, war savings committees (i) for aiding the establishment or maintenance of local war savings or loan committees, civil defence organizations (ii) for the establishment and maintenance of emergency measures civil defence organizations, idem (iii) for providing money for emergency measures and civil defence, for the purposes of emergency measures civil defence organizations and for the cost of the operation of such organizations, and for other similar work within the municipality, emergency response services (iv) for the establishment and operation of a centralized communication system either alone or with other persons, municipalities, including regional, district or metropolitan municipalities or the County of Oxford, or local boards for the provision of emergency response services. R.S.O. 1990, c. M.45, s. 208; 1992, c. 15, s. 17.
Definitions
208.1In sections 208.2 to 209, “municipality” means a municipality as defined in the Municipal Affairs Act, and a metropolitan, regional or district municipality and the County of Oxford or a local board of a metropolitan, regional or district municipality or of the County of Oxford; (“municipalité”) “waste” includes ashes, garbage, refuse, domestic waste, industrial solid waste, municipal refuse and such other materials as may be designated by by-law of the council of the local municipality or, in section 209, the council of the county; (“déchets”) “waste management system” means facilities and services owned, operated or controlled by a municipality for the management of waste, including the collection, removal, transfer, processing, storage, reduction, reuse, recycling and disposal of the waste. (“système de gestion des déchets”) 1993, c. 20, s. 1.
By-laws re: waste management system
208.2A local municipality may pass by-laws to establish, maintain and operate a waste management system. 1993, c. 20, s. 1.
Powers
208.3(1)The power under section 208.2 includes the power to, (a) acquire land in any local municipality or in territory without municipal organization; (b) acquire, establish, construct, operate and maintain facilities and services including buildings, structures, pipes, machinery or equipment; (c) extract, produce, manufacture, advertise, sell, supply and distribute products (including resources, commodities, energy, gases, hot water and steam) obtained from waste and waste by-products, including products obtained by reducing, recycling and reusing waste and waste by-products; (d) carry on research and development; (e) provide educational programs and otherwise promote the waste management system; (f) acquire and dispose of any patent, licence or other intellectual property or any interest in them; (g) contract with any person, municipality, Her Majesty in right of Canada, Her Majesty in right of any province, and an agency of the federal or a provincial Crown; (h) make grants to a person or a municipality, on such terms as it considers appropriate, for purposes related to the management of waste; (i) provide all or any part of the waste management system in all or any defined area of the local municipality; and (j) establish a public liaison committee in accordance with the terms of the certificate of approval or provisional certificate of approval issued under Part V of the Environmental Protection Act to provide a forum for the exchange of information concerning the operation of landfill sites in the local municipality. Local power to remain (2)Despite this or any other Act, a local municipality may exercise the power under clause 208.3 (1) (j) whether or not a county, metropolitan, regional or district municipality or the County of Oxford has assumed any waste management power. Approval (3)No land shall be acquired in a local municipality under this section without the approval of the local municipality, which approval may be granted upon such terms as may be agreed upon, or failing such approval or agreement, the approval of the Municipal Board. O.M.B. approval (4)No land shall be acquired in territory without municipal organization under this section without the approval of the Municipal Board. Public hearing (5)The Municipal Board, before giving its approval, shall hold a public hearing and shall give at least ten days notice of the hearing to the clerk of the local municipality concerned and to such other persons in such manner as the Municipal Board may direct. Conditions (6)The Municipal Board may, as a condition to giving any approval, impose such restrictions and conditions respecting the acquisition or use of the land as the Municipal Board considers necessary. Amendment to plans, by-laws (7)The Municipal Board may order the amendment of any official plan or of any by-law passed under section 34 of the Planning Act to permit the use of the land for the purposes for which it is to be acquired. 1993, c. 20, s. 1.
Non-application
208.4The Municipal Franchises Act does not apply to any act of a local municipality carried out under the authority of a by-law passed under section 208.2 or 208.3. 1993, c. 20, s. 1.
Special rates
208.5(1)A by-law under section 208.2 includes the power to provide waste management facilities and services to all or any defined area of the local municipality at the expense of the owners and occupants of the land in that area, and impose upon that land, according to its assessed value, a special rate to defray the expense of the waste management facilities and services. Exemptions restricted (2)Subject to this section, no land is exempt from the special rate, despite any general or special Act or any by-law. Collection (3)The special rate may be collected or recovered in the manner provided under section 326. Place of worship (4)In the case of a place of worship, the council may by by-law provide that the special rate shall be imposed upon the land according to its assessed value exclusive of the assessed value of the buildings. Levies (5)A special rate to defray the expense of providing waste management facilities and services may be levied on all the rateable property in the local municipality or the defined areas. Monthly rate (6)The council may by by-law provide for a monthly rate to be charged to the owners, householders or occupants of any building in the local municipality instead of the special rate for the waste management system. Collection (7)The monthly rate may be collected or recovered in the manner provided under section 326. Exemption (8)The by-law may exempt any class of land owners, householders or occupants from the monthly rate. 1993, c. 20, s. 1.
By-laws re: use of waste management system
208.6(1)For the purpose of section 208.2, a local municipality may pass by-laws to prohibit or regulate the use of any part of a waste management system. Same (2)A by-law passed under subsection (1) may, (a) require the separation of any class of waste at the point of collection; (b) establish fees for the use of any part of the waste management system; (c) establish incentives, including tax credits and rebates, to encourage the reduction, reuse and recycling of waste; (d) establish different rules, fees and incentives for different defined areas of the local municipality, different classes of premises and different classes of waste; (e) establish fees and incentives that vary based on the volume, weight or class of waste or on any other basis the council considers appropriate and specifies in the by-law; (f) exempt, in whole or in part, any person or municipality from rules, fees and incentives. Limitation (3)A by-law of a local municipality passed under this section applies only to a waste management system of the local municipality. 1993, c. 20, s. 1.
Inspectors
208.7(1)A local municipality may designate one or more persons as inspectors for the purposes of section 208.8. Training (2)The local municipality shall ensure that each inspector is properly trained to perform his or her duties and, if the inspector is not an employee of the local municipality, is supervised by an employee of the local municipality. Certificate (3)The local municipality shall issue a certificate of designation to every inspector. 1993, c. 20, s. 1.