jswizzle3737/ontario_laws_and_regs huggingface dataset:
Entry and inspection
208.8(1)For the purpose of obtaining information that a local municipality considers necessary to meet the requirements of or to obtain an approval under any Act relating to the planning, establishment, operation, management, alteration or improvement of a waste disposal site or any other waste management facility, an inspector of the local municipality may enter on and inspect any land. Restriction (2)Subsection (1) does not allow an inspector to enter any building. Powers of inspector (3)In carrying out an inspection, an inspector may, (a) be accompanied by any person to assist in carrying out the inspection; (b) conduct surveys, examinations, investigations and tests of the land, including the excavation of test pits, and in so doing, place and install equipment on the land for such period as the inspector considers necessary; (c) take and remove samples or extracts; (d) make inquiries of any person; and (e) record or copy information by any method. Identification (4)An inspector who is carrying out an inspection shall produce his or her certificate of designation upon request. Restoration of land (5)After an inspection is completed, the local municipality shall, in so far as is practicable, restore the land to the condition it was in before the inspection. Compensation (6)The local municipality shall provide compensation for any damages caused by the inspection. 1993, c. 20, s. 1.
Method of inspection
208.9(1)The following rules apply to an inspection carried out without a warrant: 1. At least seven days before entering to carry out an inspection, the local municipality shall, by personal service or by prepaid mail, serve a written notice of the inspection upon the owners and occupants of the land as shown by the records of the land registry office and by the last returned assessment roll of the municipality in which the land is located. 2. The notice shall specify the date upon which the inspector intends to enter on the land to commence the inspection. 3. If the inspector intends to enter on the land more than once, the notice shall specify the period of time during which the inspector intends to enter the land. 4. If the inspector intends to leave equipment on the land for a period of time, the notice shall set out a description of the equipment and the period of time during which the inspector intends to leave it on the land. 5. A notice served under this section by prepaid mail shall be deemed to have been received on the fifth day after the date of its mailing. 6. An inspector shall not use force against any individual in carrying out the inspection. 7. An inspector shall enter on land to carry out an inspection only between the hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice under paragraph 1, the local municipality has given at least twenty-four hours written notice of the intent to inspect the land at other hours to the occupants by personal service or prepaid mail or by posting the notice on the land in a conspicuous place. Waiver (2)The owners and occupants may waive any requirements relating to the notice described in paragraph 1 of subsection (1). Same (3)The occupants may waive any requirements relating to entries described in paragraph 7 of subsection (1). 1993, c. 20, s. 1.
Warrant
208.10(1)A local municipality may apply to a judge or a justice of the peace for a warrant or extension of a warrant authorizing an inspector to inspect land. Notice (2)The local municipality shall give the owners and occupiers of the land seven days written notice of, (a) the time when and the place where the application for the issuance or extension of a warrant is to be considered; (b) the purpose of the application and the effect of the application being granted; (c) the length of time the local municipality is asking for a warrant to be issued or extended; (d) the right of an owner or occupant or an agent of an owner or occupant to appear and make representations; and (e) the fact that if the owner, occupant or agent fails to appear, the judge or justice of the peace may issue or extend the warrant in their absence. Right to appear (3)A person who is served with a notice under subsection (2) or an agent of that person has the right to appear and make representations when the application is being considered. Issue of warrant (4)The judge or justice of the peace may issue a warrant authorizing an inspector to inspect the land if the judge or justice of the peace is satisfied by evidence under oath that, (a) inspection of the land is reasonably necessary for the purposes set out in subsection 208.8 (1); (b) a notice has been served upon the owners and occupants of the land in accordance with paragraphs 1 to 5 of subsection 208.9 (1); and (c) the inspector has been prevented or is likely to be prevented from entering on the land or exercising any of his or her other powers or the entrance to the land is locked or the land is otherwise inaccessible. Execution (5)A warrant shall specify the hours and days during which it may be executed and name a date on which it expires and may specify a period of time during which equipment may be left on the land. Same (6)The warrant shall be executed between the hours of 6 a.m. and 9 p.m. unless it provides otherwise. Use of force (7)The inspector may use such force as is reasonably necessary to execute the warrant and call on police officers to assist in the execution of the warrant. 1993, c. 20, s. 1.
Obstruction
208.11(1)No person shall obstruct an inspector who is carrying out an inspection under sections 208.8 to 208.10. Not obstruction (2)Where an inspector is carrying out an inspection under section 208.8 without a warrant, a refusal by the owner or occupant of land to allow the inspector to enter or remain on the land is not obstruction within the meaning of subsection (1). Same (3)A refusal to answer the inquiries of the inspector carrying out an inspection under sections 208.8 to 208.10 is not obstruction within the meaning of subsection (1). Offence (4)Any person who contravenes subsection (1) is guilty of an offence. Proceeds (5)The proceeds of any fine imposed in a prosecution conducted by a local municipality under this section shall be paid to the treasurer of the local municipality, and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of that fine. 1993, c. 20, s. 1.
Definitions
209.1In sections 209.1 to 209.6, “elector” means a person whose name appears on the polling list, as amended up until the close of the polls, for the last regular election preceding the coming into force of a by-law under section 209.2 or 209.4; (“électeur”) “local power” means a power a local municipality or a local board thereof may exercise under any Act to provide a prescribed service or facility, including any limitations on the power; (“pouvoir local”) “municipality” means a local municipality and an upper-tier municipality; (“municipalité”) “upper-tier municipality” means a county, a regional, metropolitan and district municipality and the County of Oxford; (“municipalité de palier supérieur”) “upper-tier power” means a power an upper-tier municipality or local board thereof may exercise under any Act to provide a prescribed service or facility, including any limitations on the power. (“pouvoir de palier supérieur”) 1996, c. 1, Sched. M, s. 6.
By-law to assume local power
209.2(1)An upper-tier municipality may pass a by-law, (a) despite any Act, to assume a local power to provide a prescribed service or facility for all of its local municipalities; and (b) to provide for transitional matters to facilitate the assumption of the local power. Conditions (2)A by-law under subsection (1) shall not come into force unless, (a) a majority of all votes on the council of the upper-tier municipality are cast in its favour; (b) a majority of the councils of all the local municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c) the total number of electors in the local municipalities which have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. No repeal (3)A provision of a by-law of an upper-tier municipality to assume a local power passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. Conflicts (4)Despite subsection (3), a by-law of an upper-tier municipality passed under subsection (1) shall be deemed to be repealed to the extent it conflicts with a subsequent by-law of a local municipality under section 209.4. 1996, c. 1, Sched. M, s. 6.
Effect of by-law
209.3(1)When a by-law passed under section 209.2 comes into force, (a) the upper-tier municipality has all the local powers its local municipalities and local boards thereof could have exercised under any Act before the by-law came into force to provide the prescribed service or facility for which the upper-tier municipality has assumed the local power; (b) a local municipality that forms part of the upper-tier municipality for municipal purposes and a local board thereof are bound by the by-law and no longer have the power to exercise the local power assumed by the upper-tier municipality; (c) despite clause (b), a local municipality which forms part of the upper-tier municipality for municipal purposes may, by agreement with the upper-tier municipality, provide a service or facility of the type authorized under the local power assumed by the upper-tier municipality; and (d) a by-law or resolution of a local municipality and local boards thereof that relate to the local power assumed by the upper-tier municipality shall, to the extent it applies in any part of the local municipality, be deemed to be a by-law or resolution of the upper-tier municipality and shall remain in force in that part of the local municipality until the earlier of the prescribed period of time after the assumption by-law comes into force and the day the deemed by-law or resolution is repealed by the upper-tier municipality. Procedures, agreements (2)If an upper-tier municipality assumes a local power from its local municipalities under section 209.2, the upper-tier municipality, (a) may continue procedures commenced, but not completed, by the local municipality before the assumption to enact a by-law or take any other action under the local power; and (b) may, for the purpose of exercising the assumed local power, enter into agreements with a municipality or any other person. 1996, c. 1, Sched. M, s. 6.
By-law to assume upper-tier power
209.4(1)A local municipality forming part of an upper-tier municipality for municipal purposes, may pass a by-law, (a) despite any Act, to assume an upper-tier power to provide a prescribed service or facility for all the local municipalities forming part of the upper-tier municipality for municipal purposes; and (b) to provide for transitional matters to facilitate the assumption of the upper-tier power for all the local municipalities forming part of the upper-tier municipality for municipal purposes. Conditions (2)A by-law under subsection (1) shall not come into force unless, (a) at least half of the local municipalities, excluding the local municipality which passed the by-law, have passed resolutions giving their consent to the by-law; (b) the total number of electors in the local municipalities which have passed resolutions under clause (a) and the local municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and (c) the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution. No repeal (3)A provision of a by-law of a local municipality to assume an upper-tier power passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. Conflicts (4)Despite subsection (3), a by-law of a local municipality passed under subsection (1) shall be deemed to be repealed to the extent it conflicts with a subsequent by-law of an upper-tier municipality under section 209.2. 1996, c. 1, Sched. M, s. 6.
Effect of by-law
209.5(1)When a by-law under section 209.4 comes into force, (a) each local municipality forming part of the upper-tier municipality for municipal purposes is bound by the by-law and has, for the purposes of the local municipality, all the upper-tier powers the upper-tier municipality and local boards thereof could have exercised under any Act before the by-law came into force to provide the prescribed service or facility for which the local municipalities have assumed the upper-tier power; (b) the upper-tier municipality and local boards thereof are bound by the by-law and no longer have the power to exercise the upper-tier power assumed by the local municipalities; (c) despite clause (b), the upper-tier municipality may, by agreement with a local municipality, provide a service or facility for the purposes of the local municipality of the type authorized under the upper-tier power assumed by the local municipality; and (d) a by-law or resolution of an upper-tier municipality and local boards thereof that relates to the upper-tier power assumed by the local municipalities shall, to the extent it applies in any part of a local municipality, be deemed to be a by-law or resolution of the local municipality and shall remain in force in that part of the local municipality until the earlier of the prescribed period of time after the assumption by-law comes into force and the day the deemed by-law or resolution is repealed by the local municipality. Procedures, agreements (2)A local municipality which has assumed an upper-tier power from an upper-tier municipality, (a) may continue procedures commenced, but not completed, by the upper-tier municipality before the assumption to enact a by-law or take any other action under the upper-tier power to the extent the by-law or other action applies to the local municipality; and (b) may, for the purpose of exercising the assumed upper-tier power, enter into agreements with a municipality or any other person. 1996, c. 1, Sched. M, s. 6.
Regulations
209.6(1)The Minister may, despite any Act, make regulations, (a) prescribing the services and facilities for which an upper-tier municipality may assume local powers under section 209.2; (b) prescribing the services and facilities for which a local municipality may assume upper-tier powers under section 209.4; (c) despite clauses 209.3 (1) (d) and 209.5 (1) (d), providing for the continuation, cessation or otherwise of by-laws and resolutions; (d) establishing a period of time for the purpose of clauses 209.3 (1) (d) and 209.5 (1) (d); (e) imposing conditions and limitations on the powers of an upper-tier municipality and local municipalities under sections 209.2 and 209.4; (f) imposing conditions and limitations on local and upper-tier powers assumed under sections 209.2 and 209.4; (g) providing that any body performing a public function is a local board for the purpose of sections 209.1 to 209.6; (h) providing for any matter that, in the opinion of the Minister, is necessary or desirable, (i) to allow an upper-tier municipality or a local municipality which has assumed a local or upper-tier power under section 209.2 or 209.4, to exercise the power, (ii) to allow an upper-tier municipality or a local municipality from which an upper-tier power or a local power has been assumed under section 209.2 or 209.4, to exercise its remaining powers; and (i) providing for any transitional matter related to the assumption of a local and upper-tier power under sections 209.2 and 209.4. Scope (2)A regulation under this section may be general or specific in its application and may be restricted to those municipalities specified in the regulation. 1996, c. 1, Sched. M, s. 6. Services include tax billing, etc. (3)Without limiting the generality of what a regulation under clause (1) (a) or (b) may prescribe, such a regulation may prescribe tax billing, tax collecting or preparing the tax collector’s roll as services. 1997, c. 29, s. 29.
By-laws, local municipalities
210.By-laws may be passed by the councils of local municipalities: Animals and Birds
Prohibiting or regulating the keeping of animals
1. For prohibiting or regulating the keeping of animals or any class thereof within the municipality or defined areas thereof and for restricting, within the municipality or defined areas thereof, the number of animals or any class thereof that may be kept by any person, or that may be kept in or about any dwelling unit or class of dwelling unit as defined in the by-law. Definition (a) In this paragraph and paragraphs 2, 3, 4, 6 and 7, “animal” includes birds and reptiles.
Regulating animal breeding or boarding establishments
2. For regulating establishments for the breeding or boarding of animals, or any class thereof, within the municipality or defined areas thereof.
Providing pounds
3. For providing sufficient yards and enclosures for the safekeeping of such animals as it may be the duty of the poundkeeper to impound.
Animals being at large or trespassing
4. For prohibiting or regulating within any part of the municipality or within any defined area thereof, or upon any defined highways therein, the being at large or trespassing of animals, other than dogs, and for providing for impounding them and for causing them to be sold, if they are not claimed within a reasonable time or if the damages, fines and expenses are not paid according to law.
Animal identification system
5. For providing for animal identification systems including tagging, tattooing or microchip implantation and for requiring owners to identify their domestic animals by those systems and for charging such fees as may be set out in the by-law in respect of the identification system.
Appraising the damages
6. For appraising the damages to be paid by the owners of animals impounded for trespassing, contrary to law or the by-laws of the municipality.
Compensation for impounding animals
7. For determining the compensation to be allowed for services rendered in carrying out the provisions of any Act with respect to animals impounded or distrained and detained in the possession of the distrainer. (a) Any by-law passed by the council of a town, village or township under paragraphs 3, 4 and 6 applies to any county highway or part thereof situate within such town, village or township.
Leashing of dogs
8. For requiring, within any defined areas of the municipality, an owner of a dog to keep the dog leashed and under the control of some person when the dog is on land in the municipality other than that of the owner, unless prior consent is given by the person owning the land on which the dog is found. Definition (a) In this paragraph and in paragraphs 9, 10, 11 and 13, “owner” of a dog includes a person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor.
Dog waste
9. For requiring an owner of a dog to remove forthwith excrement left by the dog anywhere in the municipality and for excluding from the operation of the by-law such class or classes of physically handicapped persons as may be set out in the by-law.
Muzzling and leashing of dogs
10. For requiring the muzzling or leashing of a dog after it has bitten a person or a domestic animal, but the owner of the dog may request and is entitled to a hearing by the council or a committee thereof or the animal control official of the municipality if so delegated by council, which or who may exempt the owner from the muzzling or leashing requirement, or both.
Licensing of dogs
11. For licensing and regulating and requiring the registration of dogs and for imposing a licence fee on the owners of them including the imposition of a higher fee in the case of female dogs or for each additional dog or female dog where more than one is owned by any one person or in any one household and a lower fee in the case of dogs that are at least six months old that have been spayed or neutered. (a) On payment of the licence fee, the owner shall be furnished with a dog tag. (b) The owner shall keep the tag securely fixed on the dog at all times until the tag is renewed or replaced, but the tag may be removed while the dog is being lawfully used for hunting in the bush. (c) A tag shall bear a serial number and the year in which it was issued and a record shall be kept by the clerk or other officer designated for that purpose showing the name and address of the owner and the serial number of the tag. (d) Instead of furnishing the owner with a dog tag under clause (a), the council may require an owner to identify the dog as provided in a by-law passed under paragraph 5. (e) If a by-law is passed under this paragraph, the owner of a kennel of dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) shall pay an annual licence fee fixed by the by-law as a licence fee for the kennel instead of a licence fee for each dog.
Clinics
12. The council may by by-law establish clinics for the spaying or neutering of dogs and cats and may charge such fees as may be set out in the by-law.
Dogs running at large
13. For prohibiting or regulating the running at large of dogs in the municipality or in any defined area thereof, for seizing and impounding and for killing, whether before or after impounding, dogs running at large contrary to the by-law, and for selling dogs so impounded at such time and in such manner as is provided by the by-law. (a) A dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog and not under the control of any person. (b) A by-law under this paragraph may establish procedures for the voluntary payment of penalties out of court in cases where it is alleged that the by-law respecting dogs running at large has been contravened and, if payment is not made in accordance with the procedures, the fine is recoverable under the Provincial Offences Act. R.S.O. 1990, c. M.45, s. 210, pars. 1-13. 14. Repealed: 1996, c. 1, Sched. M, s. 7 (1). Explosives
Dogs running at large
14. Repealed: 1996, c. 1, Sched. M, s. 7 (1). Explosives
Regulating, storing and transportation of explosives
15. For regulating the keeping, storing and transporting of, (a) dynamite, dualin, nitro-glycerine or gunpowder; (b) petroleum, gasoline or naphtha; (c) detonators and detonator caps; and (d) other dangerous or combustible, inflammable or explosive substances.
Fees for support of magazines
16. For regulating and providing for the support by fees of magazines belonging to private persons for the storage of the substances mentioned in clause (a) of paragraph 15, and for requiring them to be stored in such magazines.
Erecting and maintaining magazines
17. For erecting and maintaining within or without the limits of the municipality magazines for the storage of the substances mentioned in clause (a) of paragraph 15, and for acquiring the land necessary for that purpose, and for requiring such substances to be stored in such magazines.
Limiting quantity to be kept
18. For limiting the quantity of the substances mentioned in clause (a) of paragraph 15 that may be kept in any place other than such a magazine, and for regulating the manner in which they are to be kept or stored.
Prohibiting manufacture of explosives
19. For prohibiting or regulating the establishment within the municipality of factories or other places for the manufacture or storage of any of the substances mentioned in clause (a) of paragraph 15.
Submission of plans of premises
20. For requiring the submission of plans of the premises including the buildings upon or in which it is proposed that such manufacture or storage shall take place, and the approval of them by the council before the manufacture or storing is commenced.
Height and description of fences around buildings
21. For requiring such buildings to be surrounded by walls or fences and for regulating the height and description of such walls or fences and their distance from such buildings, and also the distance from any other building, at which such manufacture or storage may be carried on.
Regulating business of manufacturing explosives
22. For regulating the carrying on of the business of manufacturing or storing such substances, whether the business has been heretofore or is hereafter established, and prescribing the precautions to be taken for the prevention of fires and accidents from the combustion or explosion of such substances. R.S.O. 1990, c. M.45, s. 210, pars. 15-22. 23. Repealed: 1996, c. 1, Sched. M, s. 7 (1).
Regulating business of manufacturing explosives
23. Repealed: 1996, c. 1, Sched. M, s. 7 (1).
Storing, etc., of gasoline, etc.
24. For prohibiting or regulating the keeping or storing of gasoline or benzine, and prescribing the materials of which the vessels containing it shall be composed, and the classes of buildings in which it may be stored or kept for sale, and for making regulations for the prevention of fires and accidents from the combustion or explosion of such substances. Fences
Height and kind of fence
25. For prescribing the height and description of lawful fences. (a) A by-law passed under this paragraph may apply to the whole municipality or to any defined areas thereof, and may prescribe different standards for the height and description of lawful fences in different defined areas of the municipality.
Along highways
26. For prescribing the height and description of, and the manner of maintaining, keeping up and laying down, fences along highways or parts thereof, and for making compensation for the increased expenses, if any, to persons required to maintain, keep up or lay down any such fence.
Division fences, apportionment of cost
27. For determining how the cost of division fences shall be apportioned, and for providing that any amount so apportioned shall be recoverable under the Provincial Offences Act, but, until a by-law is passed, the Line Fences Act applies. (a) A by-law passed under this paragraph may be restricted in its application to such defined areas of the municipality as are set out in the by-law.
Barbed wire fences
28. For requiring proper and sufficient protection against injury to persons or animals by fences constructed wholly or partly of barbed wire or other barbed material and for prohibiting or regulating the erection of fences made wholly or partly of barbed wire or other barbed material. (a) A by-law passed under this paragraph may be made applicable to the whole municipality or to any defined areas thereof.
Water gates
29. For requiring the owners of land to erect and maintain a water gate where a fence crosses an open drain or watercourse.
Fences around private outdoor swimming pools
30. For requiring owners of privately-owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, for prescribing the height and description of, and the manner of erecting and maintaining, such fences and gates, for prohibiting persons from placing water in privately-owned outdoor swimming pools or allowing water to remain therein unless the prescribed fences and gates have been erected, for requiring the production of plans of all such fences and gates, for the issuing of a permit certifying approval of such plans without which permit no privately-owned outdoor swimming pool may be excavated for or erected and for authorizing the refusal of a permit for any such fences or gates that if erected would be contrary to any by-law of the municipality. (a) A by-law passed under this paragraph may be made applicable to the whole municipality or to one or more defined areas thereof as set out in the by-law. Fire Matters
Fire-fighting services, etc.
31. For providing fire-fighting and fire protection services and for establishing, operating, promoting and regulating life and property saving companies. (a) A municipality under this paragraph may establish, maintain and operate a fire department to serve only a defined area of the municipality, in which case, a special annual rate may be levied by the municipality on all the rateable property in the defined area sufficient to pay all or part of the costs incurred in the establishment, maintenance and operation of the fire department including any amounts owing in respect of debentures issued in connection therewith. (b) The power conferred by this paragraph may be exercised jointly by two or more municipalities upon such basis as to the distribution of cost as the municipalities may agree and each municipality shall issue its own debentures for its share of the capital cost of providing the joint fire service. (c) The power conferred by this paragraph includes the power to enter into agreements with any other municipality or person upon such terms and conditions and for such consideration based on cost as may be agreed or, failing agreement, as may be determined by the Municipal Board for the use of the fire-fighting equipment of the other municipality or person, or any of it, in the event of fire in any defined area of the municipality. (d) The power conferred under this paragraph includes the power to levy a special annual rate on all the rateable property in the defined area to defray the expenses incurred under and incidental to the agreement referred to in clause (c). (e) Despite the agreement, no liability accrues to the other municipality or person for failing to supply the use of the fire-fighting equipment or any of it.
Emergency fire service plan
32. For adopting and participating in an emergency fire service plan and program established by the fire co-ordinator of a regional, district or metropolitan municipality, or by a county or district fire co-ordinator, upon such terms and conditions as the council considers appropriate, but despite such plan and program, no liability accrues to a municipality for failing to supply the use of fire-fighting equipment in accordance with the plan and program.
Providing against accidents by fire
33. For securing against accident by fire the inmates and employees and others in factories, hotels, boarding houses, lodging houses, warehouses, theatres, music halls, opera houses and other buildings used as places of public resort or amusement. R.S.O. 1990, c. M.45, s. 210, pars. 24-33. 34. Repealed: 1994, c. 10, s. 21 (1).
Providing against accidents by fire
34. Repealed: 1994, c. 10, s. 21 (1).
Prescribing times for setting fires and precautions
35. For prescribing for the whole or any part of the municipality the times during which fires may be set in the open air, and the precautions to be observed by persons setting out fires.
Discharge of firearms
36. For the purpose of public safety, for prohibiting or regulating the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows or any class or type thereof in the municipality or in any defined areas thereof.
Sale of fireworks
37. For regulating the sale of fireworks or any class thereof and for prohibiting the sale of fireworks or any class thereof on any days during the year specified in the by-law.
Setting off fireworks
38. For prohibiting or regulating the setting off of fireworks or any class or classes thereof in the municipality or in any defined area or areas thereof and for requiring a permit for the holding of fireworks displays and prescribing the conditions under which fireworks displays may be held under such permit.
Wooden buildings
39. For prohibiting the erection of wooden buildings or wooden additions, and of wooden fences, or the removal of any such building or fence from one place to another in the municipality.
Fire in stables, etc.
40. For prohibiting or regulating the use of fire or lights in factories, stables, cabinet makers’ shops, carpenters’ shops, paint shops, dye and cleaning works, and places where their use may cause or promote fire.
Dangerous manufactures
41. For prohibiting or regulating the carrying on of manufactures or trades that may be considered dangerous in causing or spreading fire.
Chimney cleaning
42. For regulating and enforcing the proper cleaning of chimneys.
Removal of ashes
43. For regulating the mode of removal and safekeeping of ashes.
Guarding buildings against fire
44. For requiring buildings and yards to be put in a safe condition to guard against fire or other dangerous risk or accident.
Fire buckets
45. For requiring each inhabitant to provide as many fire buckets in such manner and at such time as may be prescribed and for regulating the inspection of them and their use at fires.
Inspection of premises
46. For authorizing appointed officers to enter at all reasonable times upon any property in order to ascertain whether the by-law is obeyed, and to enforce or carry into effect the by-law.
Preventing spreading of fire
47. For suppressing fires, and for pulling down or demolishing buildings, or other erections when considered necessary to prevent the spread of fire.
Enforcing assistance at fires
48. For regulating the conduct and enforcing the assistance of persons present and for the preservation of property at fires.
Regulations
49. For making such other regulations for preventing fires and the spread of fires as the council considers necessary. (a) By-laws passed under this paragraph and paragraphs 39 to 48 may be made applicable to the whole municipality or to one or more defined areas thereof as set out in the by-law.
Authority to call out help
50. For authorizing the head of council or, in case of the absence of the head of council, any member of the council, in the event of an emergency arising in the municipality by reason of timber or forest fires, to call out such number of inhabitants of the municipality as may be necessary to fight and put out any such fires, and for fixing the amount of the remuneration to be paid to such inhabitants for the services rendered by them.
Prohibiting incinerators in certain buildings
51. For prohibiting the installation, use and maintenance of incinerators for the burning of garbage or other refuse in any class or classes of buildings erected after the 1st day of September, 1966. R.S.O. 1990, c. M.45, s. 210, pars. 35-51.
Designating fire routes and prohibiting parking thereon
52. Despite paragraph 131, for designating private roadways as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle or vehicles parked or left along any fire route so designated at the expense of the owner thereof. Definition (a) For the purposes of this paragraph, “private roadway” means any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot. (b) Subsection 170 (15) of the Highway Traffic Act applies to a by-law passed under this paragraph. R.S.O. 1990, c. M.45, s. 210, par. 52; 1993, c. 27, Sched. Food and Fuel
Regulating the delivery or exposure for sale of meat, etc.
53. For regulating the delivery and exposure for sale upon a highway or in a market or public place of meat, poultry, game, flesh, fish or fruit, or the carcass of any animal.
Inspection of provisions
54. For appointing inspectors, and for providing for the inspection of meat, poultry, fish and natural products offered for sale for human food, whether on the streets or in public places, or in shops.
Seizing tainted food
55. For authorizing the seizing and destroying of tainted and unwholesome articles of food.
Power to buy and sell fuel and food
56. With the approval of the Municipal Board and within the restrictions and under the conditions prescribed by order of the Board, i. for buying and storing fuel and such articles of food as may be designated by order of the Board and for selling them to dealers and residents of the municipality, ii. for acquiring land, erecting buildings, establishing, conducting and maintaining depots, stores, warehouses and yards and purchasing machinery, plant, appliances and equipment necessary for such purposes, iii. for appointing officers, clerks and employees to manage and conduct such businesses, iv. for making rules and regulations and doing all such other acts and things as may be necessary for the full and proper carrying out of such powers, v. for borrowing from time to time by the issue of debentures payable in not more than ten years from the date of issue the money necessary for such purposes. (a) After the by-law has been approved by the Municipal Board, it shall also be approved by the Lieutenant Governor in Council and may then be finally passed by the council. General
Industrial sites
57. For acquiring and expropriating land and selling or leasing the land for the purpose of sites for the establishment and carrying on of industries and of industrial operations and uses incidental thereto. Application of receipts where debt outstanding (a) Where land has been acquired under this paragraph, and any debt is outstanding in respect of the acquisition of the land or in respect of any services applied to the land, other than services supplied under the Local Improvement Act, all money received from the sale or lease of such land shall be used to retire the debt or shall be set aside as a fund to provide for the retirement of the debt unless on the vote of the council the use of such money is directed for another purpose; and, when the debt is retired or the amount in the fund is sufficient to provide for the complete retirement of the debt, the balance of such money on hand and any such money received thereafter shall be credited to the general funds of the municipality. Use of land by municipality or sale to local board (b) Any land acquired under this paragraph may be used by the municipality for the purposes of the municipality or may be sold to any local board, as defined in the Municipal Affairs Act, for the purposes of such board. Disposal of land when no longer required (c) Where it appears to the council that any land acquired under this paragraph is no longer required for the purposes for which it was acquired or for the use of the municipality, the council may sell or dispose of the whole or any part of such land for any purpose. R.S.O. 1990, c. M.45, s. 210, pars. 53-57.
By-laws authorizing undertakings and borrowing therefor
58. For authorizing the completion, improvement, alteration, enlargement or extension of any public utility undertaking, or any part or parts thereof, owned by the corporation and controlled and managed by the council or a public utility commission and for issuing debentures therefor. Definitions (a) In this paragraph, “public utility commission” means a commission or board having the control and management of a public utility undertaking; “public utility undertaking” means a water works or water supply system, sewage works, electrical power or energy generating transmission or distribution system, street lighting system, natural or artificial gas works or supply system, and a transportation system, and includes any land, buildings or equipment required for the administration or operation of any such system. Approval of O.M.B. (b) The Municipal Board, upon application for approval with respect to works undertaken under this paragraph, may, in addition to the inquiry required by section 63 of the Ontario Municipal Board Act, have due regard to the financial position of the undertaking and to the additional revenue, if any, that might be derived as a result of the proposed work. Application of paragraph (c) This paragraph applies to any municipality operating any such undertaking under the authority of a special Act, and any provision in such special Act requiring the assent of the electors does not apply to the borrowing of money for the purposes of this paragraph. Idem (d) This paragraph does not apply to a proposed work that the Ministry of Health or the Ontario Water Resources Commission, under their respective powers under any Act, has required a municipality to undertake. Defined areas (e) The powers conferred by this paragraph may be exercised in respect of the whole municipality or any defined area thereof, and a special rate for the completion, improvement, alteration, enlargement or extension of any public utility undertaking under this section may be imposed upon all the rateable property in the municipality or in any such defined area. Land of certain school boards (f) Land of an elementary school or secondary school as defined in the Education Act is liable to be specially assessed for the completion, improvement, alteration, enlargement or extension of any public utility undertaking under this section, despite the Assessment Act. R.S.O. 1990, c. M.45, s. 210, par. 58; 1993, c. 27, Sched.
Street lighting systems
59. For acquiring, establishing, constructing, maintaining and operating a street lighting system.
Removal of snow and ice from roofs and sidewalks of occupied premises
60. For requiring the owners or occupants of any designated class of building in the municipality or any defined area thereof to clear away and remove snow and ice from the roofs of such buildings and for requiring the owners or occupants of any designated class of building in the municipality or any designated area thereof to clear away and remove snow and ice from the sidewalks on the highways in front of, alongside or at the rear of such buildings and for regulating when and the manner in which the same shall be done.
Removal of snow and ice from roofs and sidewalks of unoccupied premises
61. For clearing away and removing snow and ice from the roofs of any designated class of unoccupied buildings in the municipality or any designated area thereof and for clearing away and removing snow and ice from the sidewalks on the highways in front of, alongside or at the rear of any designated class of unoccupied buildings or vacant lands at the expense of the owners and for collecting or recovering the expenses incurred in so doing in the manner provided by section 326.
Removal of snow and ice from sidewalks
62. For clearing away and removing snow and ice from the sidewalks on any highway or part of a highway or any class thereof in front of, alongside or at the rear of any occupied or unoccupied building or vacant lot, or any class thereof, at the expense of the owners, and for collecting or recovering the expenses incurred in so doing in any manner including the manner provided by section 326.
Removal of snow and ice from sidewalks, etc., at municipality’s expense
63. Despite paragraphs 60 and 62, for providing for the clearing away and removal of snow and ice at the expense of the municipality from the sidewalks on the highways in front of, alongside or at the rear of buildings owned or occupied by any class or classes of persons, and from those portions of walkways between the highways or the public sidewalks on highways, as the case may be, and the lowest step of the principal place of entrance of such buildings.
Right to enter adjoining land
64. For permitting an owner or occupant of any building, fence or other structure or the agent or employee of such owner or occupant to enter upon any adjoining land for the purpose of making repairs, alterations or improvements to such building, fence or other structure but only to the extent necessary to effect such repairs, alterations or improvements, and every such by-law shall provide that the adjoining land shall be left in the same condition it was in prior to such entry.
Sparring exhibitions and boxing matches
65. For prohibiting sparring exhibitions and boxing matches, where an admission fee is charged, without the written permission of the chief of police in a city or town, or the reeve in townships and villages.
Motor vehicle and motorcycle racing
66. For prohibiting, or for licensing, regulating and governing, the racing of motor vehicles or motorcycles, or one or more defined classes thereof, in the municipality or one or more defined areas thereof; and for prohibiting, or for licensing, regulating and governing, the holding of motor vehicle or motorcycle races, or one or more defined classes thereof, in the municipality or one or more defined areas thereof.
Corporation surveyor and engineers
67. For appointing an Ontario land surveyor as surveyor for the corporation and for appointing one or more engineers. Powers of engineer (a) Engineers so appointed and their assistants, in the performance of their duties, possess all the powers, rights and privileges that a surveyor possesses under section 6 of the Surveys Act.
Destruction of tussock moths
68. For requiring persons to destroy all tussock moths and the cocoons thereof on trees or elsewhere upon the premises owned or occupied by them.
Agreements with condominium corporations re roads, sewers and water pipes
69. For entering into agreements with a condominium corporation incorporated under the Condominium Act for, i. maintaining and repairing roads on the condominium property, ii. clearing away and removing snow and ice from roads on the condominium property, and iii. maintaining and repairing sewer pipes and water pipes installed on the condominium property for connecting buildings and other structures on the property with the sewage or water works of the municipality and for maintaining and repairing fire hydrants installed on the property. (a) An agreement may be upon such terms and conditions, including terms as to the payment of fees, as are agreed upon. (b) Where a municipality has entrusted the management of its water works to a public utilities commission, the commission may, with the approval of the council, enter into agreements with condominium corporations for the purposes, in relation to water works, mentioned in subparagraph iii of this paragraph. (c) Where a municipality has entrusted the management of its sewage works and its water works to a public utilities commission, the commission may, with the approval of the council, enter into agreements for the purposes mentioned in subparagraph iii of this paragraph.
Site for armoury
70. For acquiring land in the municipality for a drill-shed or armoury for any militia or volunteer corps having its headquarters in the municipality.
Treatment of alcoholics
71. For establishing, erecting and maintaining an institution for the treatment of alcoholics.
Markets
72. For establishing, maintaining and operating markets and for regulating such markets and any other markets located within the municipality. (a) A by-law passed under this paragraph may, (i) provide for charging market fees to vendors in a market established by the council and for prohibiting persons from selling or exposing things for sale in such a market if the fee has not been paid, and (ii) regulate the hours of operation of any market within the municipality.
Regulating vending in streets, etc.
73. For prohibiting or regulating sales by retail in the highways or on vacant lots adjacent to them and for regulating traffic in and preventing the blocking up of the highways by vehicles or otherwise. (a) A by-law passed under this paragraph may be made applicable to the whole municipality or to any defined areas thereof.
Weigh scales
74. For erecting and maintaining weigh scales within the municipality or within an adjacent municipality, and charging fees for the use thereof. Health, Sanitation and Safety
Bathing
75. For prohibiting or regulating the bathing or washing of the person in any public water in or near the municipality. R.S.O. 1990, c. M.45, s. 210, pars. 59-75.
Adequate heat in rented accommodation
76. For requiring the maintenance of adequate and suitable heat for rented or leased dwelling or living accommodation that, as between tenant or lessee and the landlord, is normally heated by or at the expense of the landlord, for defining adequate and suitable heat for such purposes and for providing for the inspection of such dwelling or living accommodation. R.S.O. 1990, c. M.45, s. 210, par. 76; 1998, c. 3, s. 12.
Conveniences to be provided by builders
77. For requiring the owners, contractors or master workers engaged in the erection or construction of buildings or public works to provide for the use of the workers, employed in such erection or construction, closet accommodation, to be approved of by the medical health officer, in connection with them.
Dry earth closets
78. For requiring the use within the municipality or a defined area of it of dry earth closets.