jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “area municipality” means the municipality or corporation of the Borough of East York, the City of Etobicoke, the City of North York, the City of Scarborough, the City of Toronto or the City of York; (“municipalité de secteur”) “bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”) “chair” means the chair of the Metropolitan Council; (“président”) “debt” includes obligation for the payment of money; (“dette”) “highway” and “road” mean a common and public highway, and include a street, bridge, and any other structure incidental thereto; (“voie publique”, “route”) “land” includes lands, tenements and hereditaments, and any estate or interest therein, and any right of easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”) “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, local board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of the Metropolitan Corporation or of an area municipality or of two or more area municipalities or portions thereof; (“conseil local”) “local ward” means a ward established for the purpose of electing a councillor or councillors to the council of an area municipality; (“quartier local”) “Metropolitan Area” means the area from time to time included within the Borough of East York, the City of Etobicoke, the City of North York, the City of Scarborough, the City of Toronto and the City of York; (“agglomération urbaine”) “Metropolitan Corporation” means The Municipality of Metropolitan Toronto; (“municipalité de la communauté urbaine”) “Metropolitan Council” means the council of the Metropolitan Corporation; (“conseil de la communauté urbaine”) “metropolitan councillor” means a person described in clauses 4 (1) (b) to (g); (“conseiller de la communauté urbaine”) “metropolitan road” means a road forming part of the metropolitan road system established under Part VI; (“route de la communauté urbaine”) “metropolitan ward” means a ward established for the purpose of electing a metropolitan councillor to the Metropolitan Council; (“quartier de communauté urbaine”) “Minister” means the Minister of Municipal Affairs; (“ministre”) “Ministry” means the Ministry of Municipal Affairs; (“ministère”) “money by-law” means a by-law for contracting a debt or obligation or for borrowing money, other than a by-law passed under section 247; (“règlement municipal de finance”) “Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”) “roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. M.62, s. 1. Note: Effective January 1, 1998, Part I (sections 2 to 25) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART I   INCORPORATION AND COUNCIL
Metropolitan Corporation continued
2. (1) The inhabitants of the Metropolitan Area are continued a body corporate under the name of The Municipality of Metropolitan Toronto in English and La municipalité de la communauté urbaine de Toronto in French. Deemed municipality under certain Acts (2) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act. Deemed municipality under Expropriations Act (3) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Expropriations Act. R.S.O. 1990, c. M.62, s. 2.
Council to exercise corporate powers
3. (1) The powers of the Metropolitan Corporation shall be exercised by the Metropolitan Council and, except where otherwise provided, the jurisdiction of the Metropolitan Council is confined to the Metropolitan Area. By-laws (2) Except where otherwise provided, the powers of the Metropolitan Council shall be exercised by by-law. Not to be quashed as unreasonable (3) A by-law passed by the Metropolitan Council in the exercise of any of its powers and in good faith shall not be open to question, or be quashed, set aside or declared invalid either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them. R.S.O. 1990, c. M.62, s. 3. 4. (1)-(5) REPEALED: 1996, c. 32, s. 78 (1). Eligibility for office of metropolitan councillor (6) A person is eligible to be elected a metropolitan councillor for an area municipality if he or she is eligible to be elected a member of the council of that area municipality under the Municipal Elections Act, or to be appointed to fill a vacancy in the office of a member so elected, but no person, except a head of the council of an area municipality, may be a member of the Metropolitan Council and the council of an area municipality at the same time. R.S.O. 1990, c. M.62, s. 4 (6).
Not to be quashed as unreasonable
4. (1)-(5) REPEALED: 1996, c. 32, s. 78 (1). Eligibility for office of metropolitan councillor (6) A person is eligible to be elected a metropolitan councillor for an area municipality if he or she is eligible to be elected a member of the council of that area municipality under the Municipal Elections Act, or to be appointed to fill a vacancy in the office of a member so elected, but no person, except a head of the council of an area municipality, may be a member of the Metropolitan Council and the council of an area municipality at the same time. R.S.O. 1990, c. M.62, s. 4 (6).
By-law re wards
5. (1) Metropolitan Council may pass a by-law dividing or redividing the Metropolitan Area into wards. Public notice and meeting (2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. Criteria (3) Metropolitan Council shall have regard to the prescribed criteria for establishing ward boundaries. Same (4) The Minister may, by regulation, establish criteria for the purpose of subsection (3). Effective date (5) A by-law passed under this section or an order made under this or any other Act dividing the Metropolitan Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act. Transition, 1997 regular election (6) Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996, a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election. Conflict (7) If there is a conflict between this section and any provision dealing with municipal wards that is contained in a public or private Act, this section prevails. Existing proceedings continued (8) An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 78 (2) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it read on the day before the coming into force of that subsection. Existing wards continued (9) Until a by-law passed under this section comes into force, the wards existing on the day before the coming into force of subsection 78 (2) of the Better Local Government Act, 1996 are unaffected. Appeals (10) Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1). Petitions (11) Section 13.2 of the Municipal Act applies to the Metropolitan Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards. 1996, c. 32, s. 78 (2).
Election of chair
6. (1) At the first meeting of the Metropolitan Council in each year after a regular election at which a quorum is present, the Metropolitan Council shall organize as a council and elect as chair a metropolitan councillor to hold office for the term of the council and until his or her successor is elected or appointed in accordance with this Act. Secret ballot (2) The chair may be elected by secret ballot if so decided by resolution of the Metropolitan Council. Clerk to preside (3) The clerk of the Metropolitan Corporation shall preside at each such first meeting or, if there is no clerk, the members present shall select a member to preside, and the person so selected may vote as a member. Adjournment (4) If, at such first meeting after a regular election, a chair is not elected, the presiding officer may adjourn the meeting and, if a chair is not elected at any adjourned meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a metropolitan councillor as chair to hold office for the term of the council and until his or her successor is elected or appointed in accordance with this Act. R.S.O. 1990, c. M.62, s. 6.
First meeting of Metropolitan Council
7. (1) The first meeting of the Metropolitan Council after a regular election shall be held not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. M.62, s. 7 (1); 1994, c. 23, s. 77. First meeting of area councils (2) Despite any other general or special Act, the first meeting of the council of each area municipality after a regular election shall be held not later than the seventh day following the day on which the term of office in respect of which the election was held commences. Certification of qualification (3) Where a person is elected as a member of the Metropolitan Council or is elected or appointed as mayor of an area municipality, the clerk of the area municipality forthwith after the election or appointment, shall certify under the seal of the area municipality to the clerk of the Metropolitan Corporation the name of each person who has been so elected or appointed, and the person shall not take the seat on the Metropolitan Council to which the person has become entitled until the clerk of the Metropolitan Corporation has received such a certificate in respect of that person. Declaration of office (4) No business shall be proceeded with at the first meeting until after the declarations of office in Form 3 of the Municipal Act have been made by all members who present themselves for that purpose. When Council deemed organized (5) The Metropolitan Council shall be deemed to be organized when the declarations of office have been made by at least eleven members, and it may be organized and business may be proceeded with despite the failure of any of the other members to make such declarations. R.S.O. 1990, c. M.62, s. 7 (2-5).
Meetings
8. Subject to section 7, all meetings of the Metropolitan Council shall be held within the Metropolitan Area. 1994, c. 23, s. 78.
Quorum, voting
9. (1) A majority of the members of the Metropolitan Council is necessary to form a quorum, and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. R.S.O. 1990, c. M.62, s. 9 (1); 1991, c. 15, s. 14. Votes (2) Each member of the Metropolitan Council has only one vote. R.S.O. 1990, c. M.62, s. 9 (2). Quorum if size and composition changed (3) Despite the quorum rule in subsection (1), if a by-law passed by the Metropolitan Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum. By-law re quorum (4) Despite subsection (3), the Metropolitan Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 78 (3).
Term of office, heads of council
10. The members of the Metropolitan Council who are heads of council hold office while they hold the office that entitled them to such membership. R.S.O. 1990, c. M.62, s. 10.
Sale of surplus land
12. (1) The Metropolitan Council may by by-law authorize the Executive Committee for such period or periods of time and upon such terms and conditions as the by-law specifies to sell land which the Metropolitan Council has declared to be no longer required for the purposes of the Metropolitan Corporation. Application of Municipal Act (2) Section 193 of the Municipal Act applies with necessary modifications to the Executive Committee in the exercise of an authority provided for in subsection (1). Report (3) The Executive Committee shall report each sale made under subsection (1) to the Metropolitan Council not later than the second regular meeting of the Metropolitan Council next following the closing of each sale. R.S.O. 1990, c. M.62, s. 12.
Committees
13. (1) The Metropolitan Council may establish standing or other committees, including an executive committee, and assign to them such duties as it considers expedient. Chair of executive committee (2) Where the Metropolitan Council establishes an executive committee, the chair of the Metropolitan Council shall be the chair of and a member of such committee. Delegation to executive committee (3) If the Metropolitan Council establishes an executive committee, the Metropolitan Council may by by-law, (a) authorize the executive committee to exercise the powers set out in section 12 and subsection 102 (3); and (b) delegate authority to the executive committee under section 223. R.S.O. 1990, c. M.62, s. 13.
Conduct of members
14. The Metropolitan Council may pass by-laws governing the conduct of its members. 1994, c. 23, s. 79.
Who to be head of council
15. The chair is the head of the Metropolitan Council and the chief executive officer of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 15.
Chief administrative officer
16. (1) The Metropolitan Council may by by-law appoint a chief administrative officer, who, (a) shall have such general control and management of the administration of the government and affairs of the Metropolitan Corporation and perform such duties as the Metropolitan Council by by-law prescribes; (b) shall be responsible for the efficient administration of all its departments to the extent that he or she is given authority and control over them by by-law; and . .  .  .  . (d) shall receive such salary as the Metropolitan Council by by-law determines. R.S.O. 1990, c. M.62, s. 16 (1); 1992, c. 15, s. 35 (1). (2) REPEALED: 1992, c. 15, s. 35 (2).
Application of Municipal Act
17. (1) Sections 57, 58, 59, 61, 62, subsection 83 (1), sections 106, 127, 134 to 138, 205, 206, paragraphs 48 and 49 of section 207, and sections 242 to 248, 251 to 254 of the Municipal Act apply with necessary modifications to the Metropolitan Corporation. Idem (2) Section 55 and subsections 69 (2) and (3) of the Municipal Act apply with necessary modifications to the Metropolitan Council and to every local board of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 17.
Clerk’s appointment and duties
18. (1) The Metropolitan Council shall appoint a clerk, whose duty it is, (a) to record truly in a book, without note or comment, all resolutions, decisions and other proceedings of the Metropolitan Council; (b) when a recorded vote is requested by a member, to record the name and vote of every member voting on any matter or question; (c) to preserve and file all accounts acted upon by the Metropolitan Council; (d) to keep in his or her office, or in the place appointed for that purpose, the originals of all by-laws and of all minutes of the proceedings of the Metropolitan Council and its committees; and (e) to perform such other duties as may be assigned by the Metropolitan Council. Deputy clerk (2) The Metropolitan Council may appoint a deputy clerk who shall have all the powers and duties of the clerk. Acting clerk (3) When the office of clerk is vacant or the clerk is unable to carry on his duties, through illness or otherwise, the Metropolitan Council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk. R.S.O. 1990, c. M.62, s. 18.
Minutes, etc., to be open to inspection and copies to be furnished
19. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable hours, inspect any of the records, books or documents mentioned in section 18 and the minutes and proceedings of any committee of the Metropolitan Council, whether the acts of the committee have been adopted or not, and other documents in the possession or under the control of the clerk, and the clerk shall, within a reasonable time, furnish copies of them, certified under his or her hand and the seal of the Metropolitan Corporation, to any applicant on payment at such rate as the Metropolitan Council may by by-law establish. R.S.O. 1990, c. M.62, s. 19 (1); 1992, c. 15, s. 36. Copies certified by clerk to be receivable in evidence (2) A copy of any record, book or document in the possession or under the control of the clerk, purporting to be certified under his or her hand and the seal of the Metropolitan Corporation, may be filed and used in any court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed the same, and without further proof, unless the court otherwise directs. R.S.O. 1990, c. M.62, s. 19 (2).
Treasurer
20. (1) The Metropolitan Council shall appoint a treasurer who shall keep the books, records and accounts of the Metropolitan Corporation and who shall perform such other duties as may be assigned to him or her by the Metropolitan Council. Deputy treasurer (2) The Metropolitan Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer. Acting treasurer (3) When the office of treasurer is vacant or the treasurer is unable to carry on his or her duties, through illness or otherwise, the Metropolitan Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer. R.S.O. 1990, c. M.62, s. 20.
To receive and take care of and disburse money, etc.
21. (1) The treasurer shall receive and safely keep all money of the Metropolitan Corporation, and shall pay out the same to such persons and in such manner as the law of Ontario and the by-laws or resolutions of the Metropolitan Council direct, provided that every cheque issued by the treasurer shall be signed by the treasurer and by some other person or persons designated for the purpose by by-law or resolution of the Metropolitan Council. Alternative method of signing cheques (2) Despite subsection (1), the Metropolitan Council may by by-law designate one or more persons to sign cheques in lieu of the treasurer and may by by-law provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written, stamped, lithographed, or engraved on cheques. Treasurer’s liability limited (3) The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the Metropolitan Council, unless another disposition of it is expressly provided for by statute. Deposit accounts (4) The treasurer shall open an account or accounts in the name of the Metropolitan Corporation at such place of deposit as may be approved by the Metropolitan Council and shall deposit therein all money received by him or her on account of the Metropolitan Corporation, and he or she shall keep the money of the Metropolitan Corporation entirely separate from his or her own money. Monthly statement of money (5) The treasurer shall prepare and submit to the Metropolitan Council, monthly, a statement of the money at the credit of the Metropolitan Corporation. Notice to sureties (6) Where the treasurer is removed from office or absconds, the Metropolitan Council shall forthwith give notice to his or her sureties. R.S.O. 1990, c. M.62, s. 21.
Appointment of auditors
22. (1) The Metropolitan Council shall by by-law appoint for a term of five years or less one or more auditors licensed under the Public Accountancy Act who shall audit the accounts and transactions of the Metropolitan Corporation and of every local board of the Metropolitan Corporation, except The Metropolitan Toronto School Board. 1991, c. 15, s. 15. Cost of audit (2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the Metropolitan Corporation and charged back to the local board, and in the event of a dispute as to the amount of the cost the Ministry may upon application finally determine the amount thereof. Disqualification of persons as auditors (3) No person shall be appointed as an auditor of the Metropolitan Corporation who is or during the preceding year was a member of the Metropolitan Council or of the council of an area municipality or of any local board the accounts and transactions of which it would be an auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the Metropolitan Corporation or an area municipality or any such local board, or any employment with any of them other than for services within his or her professional capacity. Duties of auditor (4) An auditor shall perform such duties as are prescribed by the Ministry, and also such duties as may be required by the Metropolitan Council or any local board of the Metropolitan Corporation that do not conflict with the duties prescribed by the Ministry. Auditors may administer oaths (5) An auditor may administer an oath to any person concerning any account or other matter to be audited. Audit of accounts before payment (6) The Metropolitan Council may provide that all accounts shall be audited before payment. R.S.O. 1990, c. M.62, s. 22 (2-6).
Employees
23. (1) The Metropolitan Council may pass by-laws for appointing such officers and employees as it may consider necessary for the purposes of the Metropolitan Corporation, or for carrying into effect any Act of the Legislature or by-law of the Metropolitan Council, and for fixing their remuneration and prescribing their duties, and the security to be given for the performance of them. R.S.O. 1990, c. M.62, s. 23 (1). (2) REPEALED: 1992, c. 15, s. 37.
Supplementary pensions, members of council
25. (1) The Metropolitan Council and the council of each area municipality may pass by-laws for providing pensions for members of the Metropolitan Council or the council of the area municipality, as the case may be, and their surviving spouses and children in respect of both current and prior service on council in an amount not exceeding 1.5 per cent of pensionable earnings multiplied by the total number of years and part of a year of credited service up to a maximum of 70 per cent of pensionable earnings when combined with any pension payable under the Ontario Municipal Employees Retirement System Act. Definitions (2) In subsection (1), “credited service” and “pensionable earnings” have the same meaning as in the General regulation made under the Ontario Municipal Employees Retirement System Act. Prior service (3) A by-law passed under subsection (1) may provide that a member of council shall contribute up to 50 per cent of any payments required in respect of benefits for prior service on council and that such payments may be on a deferred basis. Amendments to by-law (4) A by-law passed under subsection (1) may be amended to vary the amounts of the pensions under that subsection or the payments required by subsection (3). Two-thirds vote required (5) No by-law under subsection (1) and no by-law amending such a by-law shall be passed except on an affirmative vote of at least two-thirds of the council present and voting thereon. Administration (6) The Metropolitan Corporation or the area municipality, as the case may be, and the Ontario Municipal Employees Retirement Board or any other qualified person may enter into agreements to administer pensions provided under this section. Idem (7) The Metropolitan Corporation and any area municipality may enter into agreements to administer pensions provided under this section and such agreement may authorize the Metropolitan Corporation or the area municipality, as the case may be, to enter an agreement under subsection (6) with respect to pensions administered under an agreement made under this subsection. Deductions (8) The Metropolitan Corporation or the area municipality, as the case may be, shall deduct by instalments from the remuneration of a member of council the amount that the member is required to pay under the terms of a pension plan established under this section. Non-application of Ontario Municipal Board Act (9) Sections 65 and 66 of the Ontario Municipal Board Act do not apply so as to require Municipal Board approval with respect to pensions provided under this section. Transition (10) A pension may be provided under this section to a person who was a member of council on the 30th day of November, 1985, although the person is not a member of council on the day the by-law establishing the pension plan is passed and the pension may be paid retroactive to the 1st day of December, 1985. R.S.O. 1990, c. M.62, s. 25. Note: Effective January 1, 1998, Part II (sections 26 to 28) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART II   ASSESSMENT
Distribution of money paid on termination of fixed assessment agreement
26. Where the owner of a golf course makes a payment to an area municipality under subsection 23 (4) or (5) of the Assessment Act, the amount paid shall be distributed among the bodies for which the area municipality is required to levy in the proportion that the sum of the levies for each body during the currency of the agreement bears to the sum of the total levies during such period. R.S.O. 1990, c. M.62, s. 26.
Assessment appeals by Metropolitan Toronto School Board
27. For the purposes of sections 40 and 43 of the Assessment Act, “school board” includes The Metropolitan Toronto School Board and an agent thereof. R.S.O. 1990, c. M.62, s. 27.
Repeal of partial exemption of dwellings
28. (1) The council of the City of Toronto and the council of the City of Etobicoke may, without the assent of the electors, repeal any by-law in force in the City providing for the partial exemption of dwellings from taxation or provide for the abolition of such exemption over a period of five years in such manner as the council may determine. Toronto by-law (2) Any such by-law in force in the City of Toronto immediately before the 1st day of January, 1967, shall be deemed to be in force in the whole of the City of Toronto until repealed. R.S.O. 1990, c. M.62, s. 28. Note: Effective January 1, 1998, Part III (sections 29 to 52) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART III   METROPOLITAN WATER WORKS SYSTEM
Establishment of waterworks
29. For the purpose of supplying to the area municipalities water for the use of the area municipalities and their inhabitants, the Metropolitan Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality or local board thereof, respecting the establishment, construction, maintenance, operation, improvement and extension of a waterworks system. R.S.O. 1990, c. M.62, s. 29.
Assumption of works and main
30. (1) The Metropolitan Council shall before the 1st day of December, 1953, pass by-laws which shall be effective on the 1st day of January, 1954, assuming as part of the metropolitan waterworks system all works for the production, treatment and storage of water vested in each area municipality or any local board thereof and all trunk distribution mains connected therewith, and on the day any such by-law becomes effective the works and mains designated therein vest in the Metropolitan Corporation. Idem (2) A by-law under subsection (1) shall designate and describe the works and trunk distribution mains assumed. Interpretation (3) For the purpose of subsection (1), a distribution main shall be deemed to be a trunk distribution main if so declared in the by-law assuming it. Extension of time (4) Despite subsection (1), a by-law for assuming any specific work or trunk distribution main may, with the approval of the Municipal Board, be passed after the 1st day of December, 1953, and in that case the by-law becomes effective on the date provided therein. Metropolitan liability (5) Where the Metropolitan Corporation assumes a work or trunk distribution main vested in an area municipality or local board, (a) no compensation or damages shall be payable to the area municipality or local board; (b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of such work or main, but nothing in this clause requires the Metropolitan Corporation to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work. Default (6) If the Metropolitan Corporation fails to make any payment as required by clause (5) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made. Settling of doubts (7) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the work or trunk distribution main assumed, the Municipal Board, upon application, may determine the matter and its decision is final. Definition (8) In this section, “works” means buildings, structures, plant, machinery, equipment and appurtenances, devices, conduits, intakes and outlets and underground construction and installations and other works designed for the production, treatment and storage of water and includes lands appropriated for such purposes and uses. R.S.O. 1990, c. M.62, s. 30.
Existing agreements
31. (1) Where an area municipality or a local board thereof has agreed with any other municipality to supply water to that other municipality, and the works and trunk distribution mains used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable for the supply of water in accordance with the agreement and is bound by all the terms thereof and the area municipality or local board is relieved of all liability thereunder. Rates (2) Despite subsection (1) and despite anything in the agreement, the Municipal Board, upon the application of the Metropolitan Council or the council of the municipality to which the water is supplied, has jurisdiction and power from time to time to confirm, vary or fix the rates charged or to be charged in connection with water supplied under the agreement. R.S.O. 1990, c. M.62, s. 31.
Powers of area municipalities restricted
32. (1) Where all the works of an area municipality or any local board thereof for the production, treatment and storage of water are assumed by the Metropolitan Corporation, the area municipality or local board shall not thereafter establish, maintain or operate any such works. Idem (2) An area municipality that did not operate any such works on the 31st day of December, 1953, shall not, after that date, establish, maintain or operate any such works. Proviso (3) Nothing in this section limits the powers of an area municipality or local board thereof respecting the use and distribution of water supplied to such area municipality by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 32.
Supply beyond limits of local municipality
33. (1) No municipality or local board that is supplied with water by the Metropolitan Corporation shall supply or agree to supply any of such water beyond the limits of the municipality without the approval of the Metropolitan Council. Proviso (2) Nothing in subsection (1) prohibits an area municipality or local board from supplying water to another municipality where the area municipality or local board has agreed to supply such water before the 1st day of April, 1953, and the works and trunk distribution mains used or required in carrying out such agreement have not been assumed by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 33.
Regulation of supply, etc.
34. The Metropolitan Council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from its waterworks system, and every other matter or thing related to or connected therewith that it may be necessary and proper to regulate in order to secure to the inhabitants of the Metropolitan Area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the Metropolitan Corporation with regard to the water so supplied. R.S.O. 1990, c. M.62, s. 34.
Maintenance, management, etc.
35. The Metropolitan Council may pass by-laws for the maintenance and management of its waterworks system and may also by by-law or resolution fix the charges to meet the cost of any work or service done or furnished for the purposes of the supply of water and the rent of or charges for fittings, apparatus, meters or other things leased or furnished to any municipality or local board. R.S.O. 1990, c. M.62, s. 35.
Rates
36. (1) The Metropolitan Council may pass by-laws fixing the rates at which water will be supplied to the area municipalities, and the times and places when and where the rates shall be payable. Idem (2) In fixing the rates, the Metropolitan Council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to the various area municipalities. Self-sustaining (3) The Metropolitan Council shall so fix the rates at which water is supplied to the area municipalities that the revenues of the waterworks system will be sufficient to make the system self-sustaining after providing for such maintenance, renewals, depreciation, debt charges and reserves as the Metropolitan Council may think proper. Cl.54(1) (k) of the Ontario Municipal Board Act not applicable (4) Clause 54 (1) (k) of the Ontario Municipal Board Act does not apply with respect to water supplied by the Metropolitan Corporation to an area municipality. R.S.O. 1990, c. M.62, s. 36.
Surcharge on water rates
37. (1) Despite section 36, the Metropolitan Council may add a surcharge of such percentage as it may determine to the water rates fixed under that section. Idem (2) The surcharge shall be deemed not to be revenue of the waterworks system under section 39 and shall be spent on the collection, treatment and disposal of sewage and land drainage received from the area municipalities. Rate on discharge into sewer system (3) Where a person obtains water from a private waterworks system and discharges the water into the Metropolitan sewer system or a sewer system draining into the Metropolitan sewer system, the Metropolitan Council may by by-law charge a rate in respect of the water discharged. Application of s.53 (4) Section 53 applies to this section. R.S.O. 1990, c. M.62, s. 37.
Combined rate
38. The Metropolitan Council may by by-law impose a single combined rate for all or some of the charges which could otherwise be recovered as a rate, charge or surcharge under section 35, 36 or 37. R.S.O. 1990, c. M.62, s. 38.
Application of certain provisions of the Municipal Act
39. Subsections 221 (28) to (34) of the Municipal Act apply with necessary modifications to the Metropolitan Council in the imposition of a rate, charge or surcharge under section 31, 35, 36, 37 or 38. R.S.O. 1990, c. M.62, s. 39.
Retail sale prohibited
40. (1) The Metropolitan Corporation has power to and shall supply water to the area municipalities, but, subject to subsection (2), shall not supply water to any other person. Sale to other municipalities (2) The Metropolitan Corporation may enter into a contract for the supply of water to any local or regional municipality outside the Metropolitan Area for its use or for resale to the inhabitants thereof for any period not exceeding twenty years, and may renew such contract from time to time for further periods not exceeding twenty years at any one time, but where a local municipality is included in a regional municipality such contracts may only be entered into with the corporation of the regional municipality. R.S.O. 1990, c. M.62, s. 40.
Books and accounts
41. The Metropolitan Council shall keep separate books and accounts of the revenues, expenditures, assets and liabilities of its waterworks system in such manner as may be prescribed by the Ministry. R.S.O. 1990, c. M.62, s. 41.
Application of revenues
42. (1) Despite anything in the Public Utilities Act or any other general or special Act, the revenues of the waterworks system shall be applied only for, (a) the reduction of any indebtedness assumed or incurred with respect to the system; (b) the operation, maintenance, renewal, improvement or extension of the system; (c) the undertaking or financing of works under Part IV or of sewage works of the area municipalities; (d) the establishment of such reserve funds as the Metropolitan Council considers proper, to be used at any future time for any purpose mentioned in clause (a), (b) or (c) or for the stabilization of rates, and any surplus revenues not required for such purposes shall remain credited to the waterworks system accounts and shall not form part of the general funds of the Metropolitan Corporation. Where levy unnecessary (2) It is not necessary to levy any rate to provide for principal, interest or other payments on account of any debentures issued or assumed by the Metropolitan Corporation for the purposes of the waterworks system except to the extent that the revenues of the system are insufficient to meet the annual payment falling due on account of principal and interest on the debentures. R.S.O. 1990, c. M.62, s. 42 (1, 2). Investments and income (3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may be invested only in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act. Same (3.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 78 (7). Note: During a one-year transitional period, beginning on March 6, 1997 and ending on March 6, 1998, the following rules apply: Subsection 42 (3), as it read on March 5, 1997, continues to apply to investments made before that date. However, an investment made before that date shall not be continued beyond the transitional period unless it is a permitted investment under section 167 of the Municipal Act. Money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act. See: 1996, c. 32, ss. 78 (8-10), 102 (4). Application of reserve fund (4) The money forming part of a reserve fund established under subsection (1) shall be applied or expended only for the purposes of the waterworks system. R.S.O. 1990, c. M.62, s. 42 (4).
Disposal of property
43. (1) Subject to section 50, the Metropolitan Corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the waterworks system that, in the opinion of the Metropolitan Council, is no longer required for the purposes of the waterworks system, but where the property is actually used for the purposes of the waterworks system no such sale, lease or other disposition shall be made without the approval of the Municipal Board. Proceeds (2) The proceeds of any such sale, lease or other disposition shall be applied first in redemption and payment of any indebtedness assumed or incurred in respect of the property disposed of, and the balance shall form part of the revenues of the waterworks system. R.S.O. 1990, c. M.62, s. 43.
Temporary shut-offs
44. (1) The Metropolitan Corporation is not liable for damages caused by the shut-off or reduction of the amount of water supplied to an area municipality in cases of emergency or breakdown or when it is necessary in maintaining or extending the system, but the Metropolitan Council shall wherever possible give to any area municipality reasonable notice of intention to shut off or reduce the supply of water. No breach of contract (2) Where the supply of water by the Metropolitan Corporation to an area municipality is interrupted or reduced, the area municipality or its local board may, despite anything in any contract, allocate and distribute its available water among its customers and may interrupt or decrease the delivery of water under any contract, and nothing done under this subsection shall be deemed to be a breach of contract, or entitle any person to rescind any contract or release any guarantor from the performance of the guarantor’s obligation. R.S.O. 1990, c. M.62, s. 44.
Standards for local systems
45. (1) The Metropolitan Council may pass by-laws establishing standards for and regulating and governing the design, construction and maintenance of local water distribution works by the area municipalities and may provide in any such by-law for the inspection of such local works, and every area municipality and local board shall conform to such by-laws. Approval of local extensions and connections (2) No area municipality or local board thereof shall construct or extend any local water distribution works or connect or continue the connection of the same or any part thereof to any work or main of the Metropolitan Corporation without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 45.
Appeal
46. If the council of an area municipality considers itself aggrieved by the refusal of the Metropolitan Corporation or the Metropolitan Council, (a) to assume as a metropolitan work any local work; (b) to construct any extension of the metropolitan distribution system; (c) to maintain or increase the supply of water to the area municipality; (d) to approve the construction or extension of any local water distribution works by the area municipality; or (e) to permit the connection or the continuance of a connection to the metropolitan system, the council may appeal to the Municipal Board which may make such order as it considers advisable in the matter, and the decision of the Municipal Board is final. R.S.O. 1990, c. M.62, s. 46.
Payment of charges
47. (1) All rates and charges against an area municipality or local board thereof imposed under the authority of this Part are a debt of the area municipality to the Metropolitan Corporation, and the treasurer of every area municipality shall pay the same to the treasurer of the Metropolitan Corporation at the times and in the amounts specified by by-law of the Metropolitan Council. Discounts and penalties (2) The Metropolitan Council may by by-law provide for uniform rates of discount for prompt payment of charges for water supplied to the area municipalities and may by by-law provide for the payment of interest in the event of default of a rate of 15 per cent per year, or such lower rate as the Metropolitan Council determines, while such default continues. R.S.O. 1990, c. M.62, s. 47.
Transfer of rights over works assumed
48. The Metropolitan Corporation has, in respect of all works and trunk distribution mains assumed as part of the metropolitan waterworks system, all the rights, powers, benefits and advantages conferred either by by-law or contract or otherwise upon the area municipality or area municipalities or their local boards with respect to such works or mains before they were assumed by the Metropolitan Corporation and the Metropolitan Corporation may sue upon such rights or under such by-laws or agreements in the same manner and to the same extent as the area municipality or municipalities or local board or boards might have done if such works or mains had not been assumed. R.S.O. 1990, c. M.62, s. 48.
Inspection of local works
49. Any person authorized by the Metropolitan Council has free access from time to time, upon reasonable notice given and request made, to all works for the production and distribution of water within an area municipality and to all lands, buildings and premises used in connection therewith and the right upon the like notice and request to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of such local works. R.S.O. 1990, c. M.62, s. 49.
Reversion where mains no longer required
50. Where a distribution main has been assumed by the Metropolitan Corporation under section 30 and, in the opinion of the Metropolitan Council, is no longer required for the purposes of the metropolitan waterworks system but is, in the opinion of the council of the area municipality in which it is situate, required as a local distribution main by the area municipality, the Metropolitan Council shall by by-law remove the main from the metropolitan waterworks system and transfer it to the area municipality. R.S.O. 1990, c. M.62, s. 50.
Use of metropolitan works
51. The works and mains assumed by the Metropolitan Corporation under section 30, together with any extensions or additions thereto constructed by the Metropolitan Corporation, may be used by the Metropolitan Corporation for the purpose of supplying and distributing water to any or all of the area municipalities and, subject to subsection 40 (2), to any local municipality outside the Metropolitan Area. R.S.O. 1990, c. M.62, s. 51.
Application of Public Utilities Act
52. Sections 2, 3, 4, 5, 13, 29, 32, 33, 34, 52, 53, 54 and 56 of the Public Utilities Act apply with necessary modifications to the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 52. Note: Effective January 1, 1998, Part IV (sections 53 to 70) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART IV   METROPOLITAN SEWAGE WORKS
Definitions
53. (1) In this Part, “capital improvement” means an addition to or an extension, enlargement, alteration, replacement or other improvement of a work of such nature or character that it is usually and properly accounted for as a capital asset; (“améliorations des immobilisations”) “land drainage” means storm, surface, overflow, subsurface or seepage waters or other drainage from land, but does not include sewage; (“eaux d’écoulement”) “sewage” means domestic sewage or industrial wastes, or both; (“eaux d’égout”) “sewage works” means an integral system consisting of a sewer or sewer system and treatment works; (“ouvrage d’égouts”) “sewer” means a public sewer for common usage for the purpose of carrying away sewage or land drainage, or both; (“égout”) “sewer system” means a system of two or more interconnected sewers having one or more common discharge outlets and includes pumping plant, force mains, siphons and other like works; (“réseau d’égouts”) “treatment works” means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage or land drainage, or both, and includes land appropriated for such purposes and uses; (“ouvrages d’épuration”) “work” means a sewer, sewer system, sewage works or treatment works, or a capital improvement of any of them. (“ouvrage”) Idem (2) For the purpose of this Part, a sewer, sewer system or sewage works, whether existing or proposed, shall be deemed to be a trunk sewer, trunk sewer system or trunk sewage works, if so declared by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 53.
General powers
54. For the purpose of collecting or receiving from the area municipalities, or any of them, sewage and land drainage and the treatment or disposal thereof, the Metropolitan Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality or local board thereof. R.S.O. 1990, c. M.62, s. 54.
Construction, etc., of trunk sewage works
55. The Metropolitan Council may pass by-laws for constructing, maintaining, improving, repairing, widening, altering, diverting and stopping up trunk sewers, trunk sewer systems, trunk sewage works, treatment works and watercourses. R.S.O. 1990, c. M.62, s. 55.