Definitions
71. (1) In this Part, “area municipality” includes a local board; (“municipalité de secteur”) “waste” includes ashes, garbage, refuse and domestic or industrial waste of any kind. (“déchets”) R.S.O. 1990, c. M.62, s. 71 (1). Facilities re: waste disposal (2) The Metropolitan Corporation may provide facilities for the receiving, dumping and disposing of waste and for these purposes sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Metropolitan Corporation. Designation (3) The Metropolitan Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste. Restriction (4) Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 8 (1). Powers of area municipalities (5) On and after the 1st day of January, 1967, no area municipality shall exercise any of its powers with respect to the matters provided for in subsection (2) without the consent of the Metropolitan Council. Assumption of lands for waste disposal (6) The Metropolitan Council shall, before the 1st day of January, 1967, pass by-laws, which shall be effective on the 1st day of January, 1967, assuming for the use of the Metropolitan Corporation any land, building, structure, machinery or equipment, including vehicles used primarily for the disposal of waste, that the Metropolitan Corporation may require for the purposes of subsection (2) that is vested on the 31st day of March, 1966, in any area municipality and is used on such date for the purposes set out in subsection (2) or that is acquired by any area municipality after the 31st day of March, 1966, and before the 1st day of January, 1967, for such use, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation. Sale by area municipalities limited (7) No area municipality, after the 31st day of March, 1966, and before the 1st day of January, 1967, shall without the consent of the Metropolitan Council sell, lease or otherwise dispose of or encumber any property mentioned in subsection (6). Extension of time (8) Despite subsection (6), a by-law for assuming any property mentioned in subsection (6), with the approval of the Municipal Board, may be passed after the 1st day of January, 1967, and in that case the by-law shall become effective on the date provided therein. Liability of Metropolitan Corporation (9) Where the Metropolitan Corporation assumes any property under subsection (6) or (8), (a) no compensation or damage shall be payable to the area municipality except as provided in this subsection; (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 any property vested in the Metropolitan Corporation under subsection (6) or (8); and (c) despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due thereafter with respect to any debentures theretofore issued by the Metropolitan Corporation in respect of any property vested in the Metropolitan Corporation under subsection (6) or (8) shall be repaid by levies against all the area municipalities. Default (10) If the Metropolitan Corporation fails to make any payment as required by clause (9) (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 (11) In the event of any doubt as to whether, (a) any outstanding debenture or portion thereof was issued in respect of any property assumed under subsection (6) or (8); or (b) any vehicle was used primarily for the disposal of waste, the Municipal Board, upon application, may determine the matter, and its decision is final. Local by-laws not applicable to Metropolitan Corporation operations (12) No by-law of any municipality heretofore or hereafter passed under paragraph 135 of section 210 of the Municipal Act or a predecessor thereof shall apply to the operations of the Metropolitan Corporation under subsection (2). Existing contracts for disposal of waste (13) Nothing in this Part affects any contract for the disposal of waste that is existing on the 18th day of May, 1966 between any person and any area municipality, but the Metropolitan Corporation and any such area municipality may enter into an agreement providing that the Metropolitan Corporation shall assume all or part of the liability created by such contract in respect of the disposal of waste. R.S.O. 1990, c. M.62, s. 71 (5-13).