jswizzle3737/ontario_laws_and_regs huggingface dataset:
Assumption of treatment works
56. (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 metropolitan sewage works all treatment works vested in each area municipality or any local board thereof, and on the day any such by-law becomes effective the works designated therein vest in the Metropolitan Corporation. Other works (2) The Metropolitan Council may at any time pass by-laws for assuming any trunk sewer, trunk sewer system, or watercourse vested in any area municipality or local board thereof, but no such by-law becomes effective before the 1st day of January, 1954. Idem (3) A by-law under subsection (1) or (2) shall designate and describe the works assumed. Extension of time (4) Despite subsection (1), a by-law for assuming any specific treatment works 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 watercourse 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 watercourse, 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 watercourse assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 56.
Existing agreements
57. (1) Where an area municipality or a local board thereof has agreed with any other municipality to receive sewage or land drainage from that other municipality, and the works or watercourses used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the receiving municipality or local board is relieved of all liability thereunder. Idem (2) Where an area municipality or a local board thereof has agreed with any person other than a municipality to receive sewage or land drainage and the works or watercourses used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the area municipality or local board is relieved of all liability thereunder. Termination (3) Despite subsections (1) and (2) and despite anything in any such agreement, the Municipal Board, upon the application of the Metropolitan Council or of the council of any area municipality or of any person concerned, may by order terminate any such agreement and adjust all rights and liabilities thereunder. R.S.O. 1990, c. M.62, s. 57.
Powers of area municipalities restricted
58. (1) Where all the treatment works of an area municipality or any local board thereof are assumed by the Metropolitan Corporation, the area municipality shall not thereafter establish, maintain or operate treatment works without the approval of the Metropolitan Council. Idem (2) No area municipality shall establish or enlarge any treatment works after the 1st day of December, 1953, without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 58.
Regulation of system, etc.
59. (1) The Metropolitan Council may pass by-laws for the maintenance and management of its sewers, sewer system, sewage works, treatment works and watercourses and regulating the manner, extent and nature of the reception and disposal of sewage and land drainage from the area municipalities 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 an adequate system of sewage and land drainage disposal. Control of sewage (2) The Metropolitan Council has all the authority and powers in respect of any sewers which mediately or immediately enter into sewers or treatment works under the jurisdiction of the Metropolitan Corporation as have councils of local municipalities under paragraph 150 of section 210 of the Municipal Act. Conflict (3) In the event of conflict between a by-law passed under subsection (2) by the Metropolitan Council and a by-law passed by the council of the area municipality in which the land is situate under paragraph 150 of section 210 of the Municipal Act, the by-law passed by the Metropolitan Council prevails to the extent of such conflict, but in all other respects the by-law passed by the council of the area municipality remains in full force and effect. R.S.O. 1990, c. M.62, s. 59.
Special benefit
60. (1) Where in the opinion of the Metropolitan Council an area municipality or a portion thereof will or may derive a special benefit from the construction and operation of a work or watercourse, the Metropolitan Council may, in authorizing the construction, extension or improvement of the work, by by-law provide that the area municipality shall be chargeable with and shall pay to the Metropolitan Corporation such portion of the capital cost thereof as the by-law specifies, and such by-law is binding on the area municipality. Debenture payments (2) Where debentures are issued for the cost of the work, the area municipality chargeable under the by-law shall make payments to the Metropolitan Corporation with respect to such debentures proportionate to its share of the capital cost as set out in the by-law in the same manner as if debentures for such share had been issued by the Metropolitan Corporation for the purposes of the area municipality. Raising of money by area municipality (3) The area municipality may pay the amounts chargeable to it under this section out of its general funds or may pass by-laws under section 221 of the Municipal Act for imposing sewer rates to recover the whole or part of the amount chargeable to the area municipality in the same manner as if the work were being or had been constructed, extended or improved by the area municipality. R.S.O. 1990, c. M.62, s. 60.
Connecting to metropolitan works or watercourses
61. (1) No municipality or person shall connect any local work, local watercourse, private drain or private sewer to a metropolitan work or watercourse without the approval of the Metropolitan Council. Agreements with other municipalities (2) The Metropolitan Corporation may enter into a contract with any local or regional municipality outside the Metropolitan Area to receive and dispose of sewage and land drainage from the local or regional municipality on such terms and conditions as may be agreed upon 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. Inspection (3) Any engineer or other officer of the Metropolitan Corporation has power to inspect the plans and specifications of any work referred to in subsection (1) and to inspect the work during its construction and before it is connected with the metropolitan work or watercourse. R.S.O. 1990, c. M.62, s. 61.
Standards for local systems
62. (1) The Metropolitan Council may pass by-laws establishing standards for and regulating and governing the design, construction and maintenance of local works connected or to be connected to a metropolitan work or watercourse, and every area municipality and local board shall conform to such by-laws. Approval of local extensions, etc. (2) No area municipality or local board thereof shall enlarge, extend or alter any local work or watercourse that discharges into a metropolitan work or watercourse without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 62.
Appeal
63. 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, extend or improve any metropolitan work; (c) to receive any required volume of sewage or land drainage from the area municipality; (d) to approve the construction, alteration, improvement or extension of a local work; (e) to permit a connection or the continuance of a connection to any metropolitan work, 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. 63.
Special sewage service rates
64. (1) The Metropolitan Council may pass by-laws, subject to the approval of the Municipal Board, providing for imposing on and collecting from any area municipality, in respect of the whole or any designated part or parts thereof from which sewage and land drainage is received, a sewage service rate or rates sufficient to pay such portion as the by-law may specify of the annual cost of maintenance and operation of any metropolitan work or works. Idem (2) All such charges constitute a debt of the area municipality to the Metropolitan Corporation and shall be payable at such times and in such amounts as may be specified by by-law of the Metropolitan Council. Raising of money by area municipality (3) The area municipality may pay the amounts chargeable to it under any such by-law out of its general funds or may pass by-laws under section 221 of the Municipal Act for imposing sewage service rates to recover the whole or part of the amount chargeable to the area municipality. R.S.O. 1990, c. M.62, s. 64.
Combined rate
65. The Metropolitan Council may by by-law impose a single combined rate for the charges which could otherwise be recovered as a charge under section 60 or a rate under section 64. R.S.O. 1990, c. M.62, s. 65.
Contribution towards cost of pollution control projects
66. The Metropolitan Council may contribute toward the cost to any area municipality of, (a) the separation of sanitary and storm sewers in the area municipality; and (b) other water pollution control projects undertaken by the area municipality. R.S.O. 1990, c. M.62, s. 66.
Transfer of rights over works assumed
67. The Metropolitan Corporation has, in respect of all works assumed, 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 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 had not been assumed. R.S.O. 1990, c. M.62, s. 67.
Inspection of local works
68. Any person authorized by the Metropolitan Council has free access from time to time, upon reasonable notice given and request made, to all works 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. 68.
Use of metropolitan works
69. Any works assumed by the Metropolitan Corporation under the authority of section 56, together with any extensions or additions thereto constructed by the Metropolitan Corporation, may be used by the Metropolitan Corporation for the purpose of receiving and disposing of sewage and land drainage from any or all of the area municipalities and, subject to subsection 61 (2), from any local municipality outside the Metropolitan Area. R.S.O. 1990, c. M.62, s. 69.
Disposal of liquid or solid material
70. (1) The Metropolitan Council has and shall be deemed always to have had the authority to pass by-laws to provide for receiving and disposing of liquid or solid material that is suitable for treatment in the sewage works of the Metropolitan Corporation and that is transported to those sewage works for receipt and disposal by the Metropolitan Corporation. Terms and conditions (2) A by-law under subsection (1) may prescribe the terms and conditions on which material mentioned in subsection (1) will be received and disposed of, and fix charges for receiving and disposing of the material and different conditions and charges may be made applicable in respect of different classes of such material and to different classes of persons transporting such material to the sewage works for receipt and disposal by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 70. Note: Effective January 1, 1998, Part V (sections 71 to 73.1) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART V   WASTE DISPOSAL
Definition
72. (1) In this section, “waste” means waste as defined in section 71. Grants for waste recycling programs (2) The Metropolitan Council may make grants, on such terms as it considers expedient, to an area municipality, except a local board, for the establishment or operation of a program of the area municipality for the separation of waste at the source of collection or for the reduction, recovery, recycling or reuse of waste. R.S.O. 1990, c. M.62, s. 72.
Products from industrial waste, etc.
73. (1) The Metropolitan Corporation may erect, maintain and operate buildings, structures, machinery or equipment for the purpose of recovering, manufacturing, producing, supplying, selling or distributing from domestic or industrial sewage or waste any product, resource, commodity, electrical power or energy, hot water or steam, and for such purposes may, (a) enter into agreements with any person; (b) carry on investigations, experiments, research or development; (c) construct and maintain pipes, apparatus, and equipment on, over, under or across any highway or private property with the consent of the owner of such private property; and (d) acquire any patent or licence or any interest in any patent or licence, or dispose of any patent or licence by sale or otherwise. Municipal Franchises Act not to apply (2) The Municipal Franchises Act does not apply to any act of the Metropolitan Corporation under this section. R.S.O. 1990, c. M.62, s. 73.
Waste management
73.1 Sections 149 to 160 of the Regional Municipalities Act apply, with necessary modifications, to the Metropolitan Corporation and its area municipalities. 1993, c. 20, s. 8 (2). Note: Effective January 1, 1998, Part VI (sections 74 to 102) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART VI   METROPOLITAN ROAD SYSTEM
Definitions
74. In this Part, “approved” means approved by the Minister or of a type approved by the Minister; (“approuvé”) “Minister” means the Minister of Transportation; (“ministre”) “Ministry” means the Ministry of Transportation. (“ministère”) R.S.O. 1990, c. M.62, s. 74.
Metropolitan Road System
75. (1) The metropolitan road system as it was constituted on the 31st day of December, 1990 is continued except as it may be altered or amended under this Part. R.S.O. 1990, c. M.62, s. 75 (1). Amendment of by-law (2) The Metropolitan Council may amend the by-law that established the metropolitan road system from time to time by adding roads to or removing roads from the system or in any other manner. R.S.O. 1990, c. M.62, s. 75 (2); 1994, c. 27, s. 142 (1); 1996, c. 33, s. 30 (1). Metropolitan roads vested in Metropolitan Corporation (3) Where a road or a part thereof is added to the metropolitan road system, the soil and freehold of such road or part is thereupon vested in the Metropolitan Corporation. Roads removed from system (4) Where a road or a part thereof is removed from the metropolitan road system, except by reason of it being stopped-up pursuant to section 84, such road or part is thereupon transferred to and the soil and freehold thereof is thereupon vested in the corporation of the local municipality in which it is situate. R.S.O. 1990, c. M.62, s. 75 (3, 4). Consolidating by-law (5) The Metropolitan Corporation may from time to time pass a by-law consolidating its by-law establishing the metropolitan road system and all by-laws amending such by-law. R.S.O. 1990, c. M.62, s. 75 (5); 1994, c. 27, s. 142 (2); 1996, c. 33, s. 30 (2). 76., 77. REPEALED: 1996, c. 33, s. 31.
Consolidating by-law
76., 77. REPEALED: 1996, c. 33, s. 31.
In accordance with requirements of Minister
78. (1) Every road constructed or repaired as part of the metropolitan road system shall be so constructed and repaired in accordance with the requirements of the Minister. R.S.O. 1990, c. M.62, s. 78. Reasonable state of repair (2) The Metropolitan Corporation shall keep every road included in the metropolitan road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location. Defence (3) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road’s state of repair. Same (4) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising. Same (5) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises, (a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply, (i) to the road, and (ii) to the alleged default; and (b) those standards have been met. 1996, c. 32, s. 78 (11).
Powers over roads assumed
79. The Metropolitan Corporation has, in respect of the roads or streets included in the metropolitan road system, all the rights, powers, benefits and advantages conferred, and is subject to all liabilities imposed, either by statute, by-law, contract or otherwise upon The Corporation of the County of York or the corporation of the area municipality or the corporations of two or more area municipalities which had jurisdiction over the roads before they were assumed by the Metropolitan Corporation, and the Metropolitan Corporation may sue upon such rights or under such agreements or by-laws in the same manner and to the same extent as the County of York or the area municipality or municipalities, as the case may be, might have done if the roads had not been assumed as metropolitan roads. R.S.O. 1990, c. M.62, s. 79.
Sidewalks excepted
80. (1) The Metropolitan Corporation is not by reason of assuming a road under this Act liable for the building, maintenance or repair of sidewalks on any metropolitan road or portion thereof, but the area municipality in which such sidewalks are located continues to be liable for the maintenance and repair of such sidewalks and is responsible for any injury or damage arising from the construction or presence of the sidewalks on such road or portion thereof to the same extent and subject to the same limitations to which an area municipality is liable under section 284 of the Municipal Act, in respect of a sidewalk on a road over which a council has jurisdiction. Area municipalities may construct sidewalks, etc. (2) The council of an area municipality may construct or put down a sidewalk or other improvement or service on a metropolitan road but no such work shall be undertaken by a municipal corporation or any individual or company without first obtaining the written consent of the Metropolitan Council expressed by resolution. How cost provided (3) The cost of any sidewalk constructed on a metropolitan road may be met out of the general funds of the area municipality or the work may be undertaken as a local improvement under the Local Improvement Act. Area municipality to conform to requirements and be responsible for damages (4) An area municipality when constructing a sidewalk or other improvements or service on a metropolitan road under this section shall conform to any requirements or conditions imposed by the Metropolitan Council and is responsible for any injury or damage arising from the construction or presence of the sidewalk, improvements or service on the road. R.S.O. 1990, c. M.62, s. 80 (1-4). (5) REPEALED: 1996, c. 33, s. 31.
Intersection of other roads by metropolitan road
81. (1) Where a metropolitan road intersects a road that is not a metropolitan road, the continuation of the metropolitan road to its full width across the road intersected, including the bridges and culverts thereon or touching thereon, is a part of the metropolitan road system except in the case of an intersection by a metropolitan road of the King’s Highway, and in that case the full width of the intersection shall be deemed to be part of the King’s Highway. Where other road carried over or under metropolitan road (2) Where a road that is not a metropolitan road is carried over or under a metropolitan road by a bridge or other structure, the surface of the road shall be deemed to be under the jurisdiction and control of the authority that has jurisdiction and control over the adjacent portions of the remainder of the road and the Metropolitan Corporation shall not be liable for maintenance and repair of the surface of the road. Agreements respecting bridges (3) The Metropolitan Corporation and an area municipality may enter into agreements for sharing the costs of maintaining and repairing a bridge carrying a road that is not a metropolitan road over or under a metropolitan road. R.S.O. 1990, c. M.62, s. 81.
Dedication of lands abutting metropolitan roads for widening purposes
82. When land abutting on a metropolitan road is dedicated for highway purposes for, or apparently for, the widening of the metropolitan road, the land so dedicated is part of the metropolitan road and the soil and freehold thereof is vested in the Metropolitan Corporation subject to any rights in the soil reserved by the person who dedicated the land. R.S.O. 1990, c. M.62, s. 82.
New roads
83. Subject to the approval of the Lieutenant Governor in Council, the Metropolitan Council may pass by-laws for establishing and laying out new roads and for amending the by-law establishing the metropolitan road system by assuming such new roads as part of the system, and the provisions of the Municipal Act with respect to the establishment and laying out of highways by municipalities apply with necessary modifications. R.S.O. 1990, c. M.62, s. 83.
Powers and liabilities of Corporation
84. With respect to the metropolitan roads, the Metropolitan Corporation has all the powers conferred, and is subject to all the liabilities imposed, upon the council or corporation of a city under the Municipal Act, the Highway Traffic Act and any other Act with respect to highways. R.S.O. 1990, c. M.62, s. 84.
Reserved lane for public transit vehicles, etc.
85. (1) The Metropolitan Council may by by-law designate any lane on any road over which the Council has jurisdiction as a lane solely or principally for use by public transit vehicles, or any class or classes thereof as may be defined in the by-law, and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law and prohibit and regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified. R.S.O. 1990, c. M.62, s. 85 (1); 1992, c. 15, s. 38 (1). Definition (2) In subsection (1), “public transit vehicle” means any vehicle operated by or for the Metropolitan Corporation or any other municipality, including a regional municipality, or by a transit commission, in connection with a regular passenger transportation service, and includes vehicles that run on tracks and vehicles operated in connection with a regular passenger transportation service as specified in the by-law. 1992, c. 15, s. 38 (2).
Signal-light traffic control systems
86. (1) Subject to the Highway Traffic Act, the Metropolitan Corporation may, (a) install signal-light traffic control systems on any highway in the Metropolitan Area; (b) operate all signal-light traffic control systems heretofore or hereafter installed in the Metropolitan Area; (c) control its signal-light traffic control systems by electronic computers; and (d) regulate traffic on highways in the Metropolitan Area within 30.5 metres of any signal-light traffic control system and for such purpose the Metropolitan Corporation is deemed to be a municipality under section 195 of the Highway Traffic Act. Conflict with area by-laws (2) When a by-law passed under subsection (1) regulating traffic on any part of a highway in the Metropolitan Area is in force, any by-law passed by an area municipality that conflicts therewith has no effect to the extent of such conflict. Area municipalities not to operate signal systems (3) No area municipality may install or operate signal-light traffic control systems in the Metropolitan Area. Signal-lights vested in Metropolitan Corporation (4) All signal-light traffic control systems installed on highways in the Metropolitan Area are vested in the Metropolitan Corporation, and no compensation therefor shall be paid by the Metropolitan Corporation to any area municipality. R.S.O. 1990, c. M.62, s. 86.
Names of highways
87. (1) Where the name of a highway is a duplication or is similar to the name of another highway in the Metropolitan Area, the Metropolitan Council may pass by-laws for changing the name of any such highway, and no area municipality thereafter has power to change the name of such highway. When by-law effective (2) A by-law passed under subsection (1) shall recite the fact of such duplication or similarity, and the change shall take effect when a certified copy of the by-law is registered in the proper land registry office. R.S.O. 1990, c. M.62, s. 87.
Speed limits on metropolitan roads
88. (1) The Metropolitan Council may by by-law prescribe a lower or higher rate of speed for motor vehicles driven upon any metropolitan road or any portion of a metropolitan road than is prescribed in subsection 128 (1) of the Highway Traffic Act, but such rate of speed shall not be less than 40 kilometres per hour or more than 100 kilometres per hour. Marking of roads (2) The metropolitan roads or portions thereof affected by a by-law passed under subsection (1) shall be marked to comply with the regulations made under the Highway Traffic Act. R.S.O. 1990, c. M.62, s. 88.
Speed limits in metropolitan parks
89. The Metropolitan Council may by by-law prescribe the rate of speed for motor vehicles driven on lands vested in the Metropolitan Corporation under Part XVI in accordance with subsection 128 (4) of the Highway Traffic Act. R.S.O. 1990, c. M.62, s. 89.
Use of sidewalks, etc., metropolitan roads
90. (1) The Metropolitan Council may by by-law empower the council of any area municipality to pass by-laws for the leasing or licensing of the use of the whole or any part of or all sidewalks and untravelled portions of Metropolitan roads within the area municipality for such purposes and upon such terms and conditions as are specified by the Metropolitan Council in the by-law. Application of Part XIX of Municipal Act (2) Part XIX of the Municipal Act applies with necessary modifications to any by-law passed by the council of an area municipality under the authority of a by-law passed by the Metropolitan Council under subsection (1). R.S.O. 1990, c. M.62, s. 90.
By-laws respecting street vending
90.1 The Metropolitan Council and the council of each area municipality may pass by-laws, (a) designating all or any part of a highway under their jurisdiction, including the sidewalk portion, as a removal zone; (b) designating any area in which all highways under their jurisdiction, or portions thereof, are removal zones; (c) prohibiting the placing, stopping or parking in a removal zone of any object or vehicle used to sell or offer for sale goods or refreshments; (d) designating spaces in removal zones within which, despite clause (c), goods or refreshments may be sold or offered for sale; and (e) establishing a permit system granting the exclusive use of any designated space to the owner of an object or vehicle used to sell goods or refreshments. 1994, c. 30, s. 1.
Contents of by-law
90.2 (1) A by-law passed under section 90.1 may, (a) prescribe the types of goods or refreshments that may be offered for sale or sold and the types of objects and vehicles permitted in the designated space which may be different for each designated space, and prohibit any type; (b) establish design criteria for the object or vehicle permitted in the designated space; (c) define “goods”, “owner” and “refreshments”; and (d) exempt any type of vendor from all or part of the by-law. Permits (2)A by-law passed under section 90.1 may, (a) prescribe conditions for the issuance and continued use of a permit; (b) establish permit fees which may vary by location or type of goods sold; (c) fix the term of the permit which may vary with each permit; (d) provide for the issuance of identifying markers in connection with the permits and specify the manner in which they are to be applied; (e) prohibit or restrict the transfer of permits; (f) establish the method of allocating designated spaces; (g) require that the applicant for a permit hold, or be eligible to hold, any applicable licence issued by the Metropolitan Licensing Commission for selling the goods or refreshments proposed to be sold from the designated space; (h) regulate the hours of operation permitted under the permit, which may vary according to the location of the designated space; and (i) restrict the issuance of defined classes of permits to vendors who are the owners or occupants of abutting property. 1994, c. 30, s. 1.
Suspension, revocation
90.3 (1)The Metropolitan Council and the council of each area municipality, or a committee of such council, may suspend or revoke a permit issued by it if the conditions for its issuance or use are not complied with or for any other reason specified by the by-law. Hearing (2)Before suspending or revoking a permit, the council or the committee shall give the permit holder an opportunity to be heard. Refund (3)If a permit is revoked under subsection (1), that part of the fee paid for the permit proportionate to the unexpired part of the term for which the permit was granted shall be refunded to the permit holder. Special circumstances (4)A municipal official named in the by-law may suspend, without holding a hearing, the designation of all or part of a removal zone, the designation of a space or the operation of a permit for such time and subject to such conditions as the by-law may provide, due to, (a) the holding of special events; (b) the construction, maintenance or repair of any public highway; (c) the installation, maintenance or repair of public utilities and services; or (d) matters relating to pedestrian, vehicular or public safety. Duration (5)A suspension under subsection (4) shall not exceed four weeks from the date of suspension. 1994, c. 30, s. 1.
Enforcement
90.4 (1) In this section, “Municipality” means the municipality which has enacted a by-law passed under section 90.1 in respect of a particular highway, and includes the Metropolitan Corporation. Inspection, removal (2)A police officer, police cadet, municipal by-law enforcement officer or any person authorized by by-law to enforce a by-law passed under section 90.1 who has reason to believe that any object or vehicle is placed, stopped or parked in a designated space or a removal zone in contravention of the by-law, (a) may, upon producing appropriate identification, require that a valid permit issued by the Municipality be produced for reasonable inspection; and (b) if no valid permit is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in a removal zone or designated space contrary to the by-law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place. Lien (3)Subject to subsections (4) and (5), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon it which may be enforced by the Municipality in the manner provided by the Repair and Storage Liens Act. Unclaimed objects (4)An object or vehicle removed and stored in accordance with subsection (2) and not claimed by the owner within 60 days is the property of the Municipality and may be sold and the proceeds shall form part of the general funds of the Municipality. Perishable objects (5)Any perishable object is the property of the Municipality upon being removed from the removal zone or designated space in accordance with subsection (2) and may be destroyed or given to a charitable institution. 1994, c. 30, s. 1.
Metropolitan highways
90.5 A by-law passed by an area municipality under section 90.l may apply to any highway or portion of a highway within the metropolitan road system if the Metropolitan Council has passed a by-law with respect to that highway under section 90. 1994, c. 30, s. 1.
Agreements for pedestrian walks
91. The Metropolitan Corporation may by by-law authorize agreements between the Metropolitan Corporation and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highway upon such terms and conditions as may be agreed and for contributing to the whole or any part of the cost thereof and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such considerations and upon such terms and conditions as may be agreed. R.S.O. 1990, c. M.62, s. 91.
Planting trees
92. The Metropolitan Council may plant trees on a metropolitan road and the cost of the work shall be deemed to be part of the cost of repairing and maintaining the road. R.S.O. 1990, c. M.62, s. 92.
Disputes as to maintenance, etc., of bridges and highways
93. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the Metropolitan Area and an adjoining county where such bridge or highway is included in the metropolitan road system and in the county road system of the county. Idem (2) When there is a difference between the Metropolitan Council and the council of a county in respect of any such bridge or highway as to the corporation upon which the obligation rests for the building, maintaining or keeping in repair of the bridge or highway, or as to the proportions in which the corporations should respectively contribute thereto, or where the Metropolitan Council and the council of the county are unable to agree as to any action, matter or thing to be taken or done in respect of such bridge or highway, every such difference shall be determined by the Municipal Board upon an application by the Metropolitan Corporation or the corporation of the county. Hearing by Municipal Board (3) The Municipal Board shall appoint a day for the hearing of the application of which ten days notice in writing shall be given to the clerk of each municipality, and shall, at the time and place appointed, hear and determine all matters in difference between the municipalities in regard to such bridge or highway, and the Municipal Board may make such order in regard to the same as it considers just and proper, and may by the order fix and determine the amount or proportion which each municipality shall pay or contribute toward the building, maintaining and keeping in repair of such bridge or highway. Term of order (4) An order made by the Municipal Board under this section is binding upon the municipalities for such period as the Municipal Board may determine, and is final and conclusive. R.S.O. 1990, c. M.62, s. 93.
Boundary bridges
94. Subsection 265 (1) of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between area municipalities, and the councils of the area municipalities on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the metropolitan road system. R.S.O. 1990, c. M.62, s. 94.
Idem
95. Section 276 of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between the Metropolitan Area and an adjoining county or regional municipality, and the councils of the area municipality and the local municipality in the adjoining county on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the metropolitan road system. R.S.O. 1990, c. M.62, s. 95.
Restrictions
96. (1) The Metropolitan Council has, with respect to all land lying within a distance of forty-five metres from any limit of a metropolitan road, all the powers conferred on the council of a local municipality by section 34 of the Planning Act. Conflict with local by-law (2) In the event of conflict between a by-law passed under subsection (1) by the Metropolitan Council and a by-law passed under section 34 of the Planning Act or a predecessor of such section by the council of the area municipality in which the land is situate, the by-law passed by the Metropolitan Council prevails to the extent of such conflict, but in all other respects the by-law passed by the council of the area municipality remains in full force and effect. R.S.O. 1990, c. M.62, s. 96.
Private roads, etc., opening upon metropolitan controlled-access road
98. (1) The Metropolitan Corporation may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, gate or other structure or facility as a means of access to a metropolitan controlled-access road and may impose penalties for contravention of any such by-law. Notice (2) The Metropolitan Corporation may give notice to the owner of any land requiring the owner to close up any private road, entranceway, gate or other structure or facility constructed or used as a means of access to a metropolitan controlled-access road in contravention of a by-law passed under subsection (1). Service of notice (3) Every notice given under subsection (2) shall be in writing and shall be served personally or by registered mail and, in the case of service by registered mail, shall be deemed to have been received on the second day following the mailing thereof. Failure to comply with notice (4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the Metropolitan Corporation may by resolution direct any officer, employee or agent of the municipality to enter upon the land of such person and do or cause to be done whatever may be necessary to close up the private road, entranceway, gate or other structure or facility as required by the notice. Offence (5) Every person who fails to comply with a notice given under subsection (2) is guilty of an offence. Compensation (6) Where a notice given under subsection (2) has been complied with, the Metropolitan Corporation shall make due compensation to the owner of the land if the private road, entranceway, gate or other structure or facility constructed or used as a means of access to a metropolitan controlled-access road was constructed or used, as the case may be, (a) before the day on which the by-law designating the road as a metropolitan controlled-access road became effective; or (b) in compliance with a by-law passed under subsection (1), in which case the making of compensation is subject to such by-law. Procedure (7) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5) of the Public Transportation and Highway Improvement Act, which subsections apply with necessary modifications. R.S.O. 1990, c. M.62, s. 98.
Application of Public Transportation and Highway Improvement Act
99. Sections 102, 104 and 107 of the Public Transportation and Highway Improvement Act apply with necessary modifications to any metropolitan road. R.S.O. 1990, c. M.62, s. 99; 1996, c. 33, s. 32.
Contribution towards maintenance of Malton Road
100. The Metropolitan Council may contribute such amount as the Metropolitan Council considers proper as its share of the cost of maintenance of the part of the Malton Road in the County of Peel extending from the County of York to the Malton Airport thereby assuming the liability of The Corporation of the City of Toronto under an agreement dated July 2, 1943, but not to exceed 25 per cent of the annual maintenance costs of such part of the road. R.S.O. 1990, c. M.62, s. 100.
Metropolitan liability when road assumed
101. (1) Where the Metropolitan Corporation assumes as a metropolitan road any road in an area municipality, other than a road mentioned in section 69, of the Municipality of Metropolitan Toronto Act, being chapter 314 of the Revised statutes of Ontario, 1980, (a) no compensation or damages shall be payable to the area municipality in which it was vested; (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 road, 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. Liability re Bayview bridge (2) Despite subsection (1), the Metropolitan Corporation shall, after the 1st day of January, 1956, pay to The Corporation of the City of North York before the due date all amounts of principal and interest becoming due upon any outstanding debentures of the Bayview Avenue bridge that are payable as the owners’ share of such local improvement work. Default (3) If the Metropolitan Corporation fails to make any payment as required by clause (1) (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 (4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the road assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 101.
Stopping-up highways
102. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall so notify the clerk of the Metropolitan Corporation by registered mail or personal service. R.S.O. 1990, c. M.62, s. 102 (1); 1991, c. 15, s. 16 (1). Agreement (2) If the Metropolitan Council objects to such stopping-up, it shall so notify the council of the area municipality by registered mail or personal service within sixty days of the receipt of the notice under subsection (1) and the highway or part thereof concerned shall not be stopped-up except by agreement between the area municipality and the Metropolitan Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 102 (2); 1991, c. 15, s. 16 (2). Authorization to Executive Committee (3) For the purposes of giving notice under subsection (2), the Metropolitan Council may by by-law authorize the Executive Committee, for such period of time as the by-law specifies, to exercise the powers of the Metropolitan Council, but no such notice is valid unless confirmed at the next regular meeting of the Metropolitan Council. Approval required to intersect metropolitan road (4) No area municipality shall open up, establish or assume for public use any highway which intersects with or enters upon any highway in the metropolitan road system, without the prior written approval of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 102 (3, 4). Note: Effective January 1, 1998, Part VII (sections 103 to 120) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART VII   METROPOLITAN TRANSPORTATION
Definitions
103. In this Part, “Commission” means the Toronto Transit Commission continued under this Part; (“Commission”) “Former Commission” means The Toronto Transportation Commission. (“ancienne commission”) R.S.O. 1990, c. M.62, s. 103.
Commission continued
104. The Commission is continued under the name Toronto Transit Commission in English and Commission de transport de Toronto in French, with the powers, rights, authorities and privileges vested in it by this Act. R.S.O. 1990, c. M.62, s. 104.
Corporation members
105. (1) The Commission is a body corporate and shall consist of such number of members appointed by by-law of the Metropolitan Council, as the Council considers appropriate. Term of office (2) A member shall hold office until his or her successor is appointed, and, except in the case of the filling of a vacancy occurring during the term of office, a member shall be appointed for a term of three years. Qualification (3) No person is eligible to be appointed as a member of the Commission unless that person is a resident of an area municipality. Term of office where member is member of Metropolitan Council (4) Despite subsection (2), where a member of the Metropolitan Council is appointed as a member of the Commission he or she shall not be appointed for a term of office extending beyond his or her term of office on the Council, and he or she shall cease to be a member of the Commission upon ceasing to be a member of the Metropolitan Council. Two-thirds vote (5) No appointment of a member of the Commission shall be made except on the affirmative vote of at least two-thirds of the members of the Metropolitan Council present and voting. Reappointment (6) A member of the Commission is eligible for reappointment on the expiration of his or her term of office. Vacancies (7) Where the office of a member of the Commission becomes vacant during his or her term of office, the Metropolitan Council shall immediately appoint a member who shall hold office for the remainder of the term for which his or her predecessor was appointed. Quorum (8) A majority of the members of the Commission constitutes a quorum. Remuneration (9) The members of the Commission shall be paid such salary or other remuneration as may be fixed by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 105.