jswizzle3737/ontario_laws_and_regs huggingface dataset:
Investigation and report re by-law contravention
214.1 Where a by-law of the Licensing Commission passed under a provision of the Municipal Act or any other Act is applicable to an area municipality, the council of the area municipality may by resolution require the Licensing Commission to investigate an alleged contravention of the by-law and to report to the council. 1994, c. 37, s. 6.
Powers of police services boards to be exercised by City of Toronto
215. All the powers and duties of a police services board under the Municipal Act or any other Act and all the powers and duties of the Board of Commissioners of Police for the City of Toronto under any special Act, except those which by this Act are exercised by the Licensing Commission or the Metropolitan Toronto Police Services Board, shall be exercised by the council of the City of Toronto. R.S.O. 1990, c. M.62, s. 215.
Application
216. For the purpose of exercising powers to pass by-laws licensing businesses under any Act, section 110 and Parts XVII.1 and XIX of the Municipal Act apply with necessary modifications to the Licensing Commission and the by-laws passed by the Licensing Commission, and the Minister may make regulations under section 257.5 of that Act in relation to those powers. 1996, c. 1, Sched. M, s. 28.
Licensing by-laws may be passed by Council
217. (1) Despite sections 212 and 213, the Metropolitan Council may pass any by-law that the Licensing Commission may pass, including any by-law that the Metropolitan Council may authorize the Licensing Commission to pass under subsection 212 (3), and may repeal in whole or in part any existing by-law of the Licensing Commission. Effect on power of Commission to pass by-laws (2) Where the Metropolitan Council has passed a by-law under a provision in any Act, the Licensing Commission shall not have the power to pass a by-law under such provision. Application of s. 214 (3) Section 214 applies to by-laws passed by the Metropolitan Council under this section. Exercise of power by Council (4) For the purposes of section 215, a power exercised by the Metropolitan Council under this section shall be deemed to be a power exercised by the Licensing Commission. Application of s. 216 to Council (5) Where the Metropolitan Council passes a by-law under subsection (1), the provisions of section 216 in so far as they apply to the passing and enforcement of by-laws and the fixing of fees shall apply to the Metropolitan Council and to such by-law. Effect on Licensing Commission (6) Except with respect to its power to pass by-laws and fix fees, nothing in this section affects the powers of the Licensing Commission. R.S.O. 1990, c. M.62, s. 217.
Remuneration of members
218. The Metropolitan Corporation shall pay to the members of the Licensing Commission, except the chair of the Metropolitan Council or his or her delegate, such remuneration for their services as may be determined by the Metropolitan Council. R.S.O. 1990, c. M.62, s. 218. Note: Effective January 1, 1998, Part XIV (sections 219 to 222) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART XIV   HOUSING AND REDEVELOPMENT
Housing and redevelopment
219. (1) The Metropolitan Corporation and the Metropolitan Council have all the powers conferred on the corporation or council of a municipality under the Housing Development Act or any other Act with respect to housing or building development, housing projects, temporary housing accommodation and redevelopment areas and with respect to any other matter concerned with the provision or improvement of housing accommodation. Powers of area municipalities (2) Nothing in subsection (1) shall be deemed to limit or interfere with the powers of the area municipalities with respect to the matters mentioned in subsection (1). R.S.O. 1990, c. M.62, s. 219.
Agreements with municipalities
220. Without limiting its powers under subsection 217 (1), the Metropolitan Corporation, (a) shall be deemed to be a governmental authority within the meaning of section 18 of the Housing Development Act; and (b) may enter into agreements with any area municipality for sharing or contributing to the costs incurred by the area municipality in exercising any of its powers with respect to the matters mentioned in subsection 219 (1). R.S.O. 1990, c. M.62, s. 220.
Grants for homes for elderly persons
221. The Metropolitan Council may make grants in aid of the establishment, construction, extension or equipment of homes for the care of elderly persons. R.S.O. 1990, c. M.62, s. 221.
Adoption of policy statement related to housing
222. (1) The Metropolitan Council and the council of any area municipality may, by by-law approved by the Minister, adopt a policy statement related to housing, containing specific objectives, production targets and financial arrangements. By-laws, etc., to conform with housing policy statement (2) Where a policy statement referred to in subsection (1) has been adopted by the Metropolitan Council and approved by the Minister, every housing policy statement that has been adopted by the council of an area municipality shall be amended forthwith to conform therewith and no housing policy statement of an area municipality shall thereafter be approved that does not conform with the housing policy statement of the Metropolitan Council and no by-law shall be passed by the Metropolitan Council or by the council of an area municipality that does not conform with the housing policy statement of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 222. Note: Effective January 1, 1998, Part XV (sections 223 and 224) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART XV   PLANNING
Delegation to Executive Committee
223. (1) Despite section 5 of the Planning Act, where the Minister has by order made under subsection 4 (1) of the Planning Act delegated to the Metropolitan Council the Minister’s authority to approve an official plan or amendments thereto of an area municipality, the Metropolitan Council may by by-law and subject to such conditions as may have been imposed by the Minister, delegate such authority to the Executive Committee for the period of any summer recess of the Metropolitan Council and upon such terms and conditions as the by-law specifies and the Executive Committee has, in lieu of the Minister, all powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board. Report to Metropolitan Council (2) The Executive Committee shall report each decision made under any by-law passed under subsection (1) to the Metropolitan Council at the next regular meeting of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 223.
Official plan for Metropolitan Area
224. The Metropolitan Council shall continue to maintain in force with such amendments or revisions as it deems appropriate an official plan for the Metropolitan Area. R.S.O. 1990, c. M.62, s. 224. Note: Effective January 1, 1998, Part XVI (sections 225 to 240) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART XVI   PARKS, RECREATION AREAS, ETC.
Acquiring land for parks, etc.
225. (1) The Metropolitan Council may pass by-laws for acquiring land for and establishing, laying out and improving and maintaining public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives in the Metropolitan Area or in any adjoining area municipality in The Regional Municipality of Durham or The Regional Municipality of Peel or in any area municipality in The Regional Municipality of York, and for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act. Sale of liquor in parks (2) In addition to the powers that may be exercised under subsection (1), the Metropolitan Council has power, subject to the Community Recreation Centres Act, to let, for such period as it considers advisable, the right to sell refreshments and, subject to the Liquor Licence Act and the regulations made thereunder, spirituous, fermented or intoxicating liquors within the metropolitan parks under such conditions as the Metropolitan Council may prescribe. Application of Municipal Act (3) Paragraph 52 of section 207 of the Municipal Act applies with necessary modifications to the Metropolitan Corporation. Metropolitan Corporation a municipality under Parks Assistance Act (4) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act. Park lands owned by Metropolitan Conservation Authority (5) Where, under an agreement with The Metropolitan Toronto and Region Conservation Authority, lands vested in the Authority are managed and controlled by the Metropolitan Corporation, the Metropolitan Corporation may, (a) exercise all or any of the powers conferred on it under subsections (1) and (2) in respect of such lands; (b) lay out, construct and maintain roads on such lands and, with the consent of the area municipality in which such lands, or any part thereof, are situate, assume the maintenance of existing roads on such lands, or any part thereof; (c) subject to the Highway Traffic Act, regulate traffic on such roads and prescribe the rate of speed for motor vehicles driven on such roads in accordance with subsection 128 (4) of the Highway Traffic Act; (d) despite the provisions of any other Act, exempt from municipal taxation any such lands for so long as they are managed and controlled by the Metropolitan Corporation and used for park purposes. Tax exemption (6) An exemption from taxes under subsection (5) shall be deemed to have the same effect as an exemption from taxes under section 3 of the Assessment Act. R.S.O. 1990, c. M.62, s. 225.
Payments in lieu of taxes
227. (1) Where the Metropolitan Corporation has acquired land under section 225, the Metropolitan Council may agree to pay annually to the area municipality in which the land is situate a sum not exceeding the amount that would have been payable to the municipality as taxes in the year of acquisition if the land were not exempt from taxation. Proviso (2) Subsection (1) does not apply where the land acquired by the Metropolitan Corporation was acquired from the municipality in which the land was situate or from a local board thereof and at the time of acquisition was used as a public park, recreation area, square, avenue, boulevard or drive. R.S.O. 1990, c. M.62, s. 227.
Assumption of existing parks, etc.
228. (1) For the purposes of section 225, the Metropolitan Council may with the approval of the Municipal Board by by-law assume any existing public park, zoological gardens, recreation area, square, avenue, boulevard or drive vested in any area municipality or in any local board thereof, and upon the passing of the by-law the public park, zoological gardens, recreation area, square, avenue, boulevard or drive vests in the Metropolitan Corporation. Existing debenture liability (2) Where the Metropolitan Corporation assumes any existing public park, zoological gardens, recreation area, square, avenue, boulevard or drive vested in any area municipality or local board thereof, (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 the property assumed. Default (3) If the Metropolitan Corporation fails to make any payments as required by clause (2) (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 property assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 228.
Corporation and Board dissolved
231. (1) Upon the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place, the Exhibition Stadium Corporation and The Board of Management of the Exhibition Stadium Corporation are dissolved and all the assets and liabilities of that Corporation are vested in the Board and the Board shall stand in the place and stead of the Exhibition Stadium Corporation for all purposes of any agreements to which the Exhibition Stadium Corporation was a party. Agreements (2) Upon the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place, (a) all previous agreements entered into by the Metropolitan Corporation with the Association under subsections 229(11) and (12), or the predecessors thereof, are hereby declared to be null and void and the rights and obligations arising from those agreements are hereby extinguished; (b) the following assets that constitute the reserves of the Association are vested in the Metropolitan Corporation: 1. Reserve for Workers’ Compensation. 2. Prize Guarantee Fund. 3. Reserve for rehabilitation of buildings. 4. Reserve for inventory of materials and supplies; (c) all of the assets of the Association, other than those referred to in clause (b), are vested in the Board, with the exception of memorabilia, archives, souvenirs, medals, art works and other similar items; (d) all agreements entered into by the Exhibition Stadium Corporation with the Association and assumed by the Board under subsection (1), are hereby declared to be null and void and the rights and obligations arising from those agreements are hereby extinguished; (e) the Board shall stand in the place and stead of the Association for all purposes of any agreement, except agreements to which clause (a) or (d) apply, heretofore entered into by the Association in the exercise of its management, control or operation of Exhibition Place; and (f) the Metropolitan Corporation shall be responsible for any liability incurred by the Board in respect of any agreement to which clause (e) applies. R.S.O. 1990, c. M.62, s. 231.
Offer of employment
232. (1) The Board shall offer to employ, (a) every person who, on the 4th day of October, 1982, is employed by the Association as a permanent employee in connection with the operation, management and maintenance of Exhibition Place and who continues to be so employed until the date of the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place; and (b) every person who, on the 15th day of March, 1982, is employed by the Exhibition Stadium Corporation and who continues to be so employed until the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place. Wages and salary (2) Any person who accepts employment under subsection (1) shall be entitled to receive a wage or salary for the one-year period next following the commencement of employment with the Board of not less than the person was receiving on the 4th day of October, 1982. Pension benefits (3) Where any person accepts employment under subsection (1), (a) he or she shall continue as, or become a member of, the Ontario Municipal Employees Retirement System, as the case requires, on his or her transfer date; and (b) with respect to pension benefits accrued prior to the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place, his or her employment with the Association or with the Exhibition Stadium Corporation, as the case may be, shall be deemed to be employment with the Board. Participation in O.M.E.R.S. (4) The Board shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on the 4th day of October, 1982. Sick leave (5) Any sick leave credits standing on the day an agreement is entered into between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place to the credit of any person who accepts employment under subsection (1) shall be placed to the credit of such employee in any sick leave credit plan established by the Board. Termination of employment (6) Nothing in this section prevents the Board from terminating the employment of an employee for cause. R.S.O. 1990, c. M.62, s. 232.
Stadiums
233. The Metropolitan Corporation may acquire, erect, alter, maintain, operate and manage stadiums, and may charge fees in connection therewith. R.S.O. 1990, c. M.62, s. 233.
Acquisition of O’Keefe Centre
234. (1) The Metropolitan Corporation may acquire the theatre in the City of Toronto known as the O’Keefe Centre and the land used in conjunction therewith, and for such purpose may enter into an agreement providing for payment of purchase money over a period of years without the approval of the Municipal Board and for the occupation by the Metropolitan Corporation of such land and building during such period. Board continued (2) The corporation known as The Board of Management of the O’Keefe Centre, in this section referred to as the Board of Management, is continued under the name The Board of Management of the O’Keefe Centre in English and Conseil de gestion d’O’Keefe Centre in French, and such Board shall have a corporate seal, may sue and be sued in its own name, may enter into contracts, including contracts of employment, and shall have all powers necessary for the operation, management and maintenance of such Centre as a theatre and auditorium and as a centre for the holding of meetings, receptions and displays of every kind. Policies (3) The Metropolitan Council may by by-law establish general policies to be followed by the Board of Management in the operation and management of the Centre. Composition (4) The Board of Management shall be composed of not less than three and not more than seven persons, who shall be appointed by the Metropolitan Council by resolution for such terms of office as the Council may determine. Chair, quorum (5) The Board of Management, from among its members, shall elect a chair and may elect a vice-chair, and a majority of its members constitutes a quorum. Deemed not local board (6) Except for the purposes of the Ontario Municipal Employees Retirement System Act, the Board of Management shall be deemed not to be a local board of the Metropolitan Corporation. Audit (7) The accounts and transactions of the Board of Management shall be audited by the auditor for the Metropolitan Corporation. Pensions (8) The Board of Management may provide pensions for its employees or any class thereof and their spouses and children, and may enter into agreements with any person for such purpose. Responsibility of Metropolitan Corporation (9) The Metropolitan Corporation is entitled to any surplus resulting from the operations of the Board of Management and is responsible for any deficit incurred by it, but the Board of Management shall not borrow money without the approval of the Metropolitan Council. Taxation (10) The occupation, management and control by the Board of Management of the land acquired by the Metropolitan Corporation under this section shall be deemed, for the purposes of paragraph 9 of section 3 of the Assessment Act, to be occupation, management and control by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 234.
Offer of employment
236. (1) The Board of Management shall offer to employ every person who, on the 1st day of July, 1977, is employed by the Society in connection with the operation, management and maintenance of the Metropolitan Toronto Zoo and who continues to be so employed until the date of coming into force of an agreement under subsection 235 (10). Pension benefits (2) Employment with the Society by a person who accepts employment with the Board of Management under subsection (1) shall be deemed to have been employment with the Board of Management for the purposes of pension benefits. Sick leave credits (3) Any sick leave credits standing, on the 31st day of December, 1977, to the credit of any person who accepts employment under subsection (1) shall be placed to the credit of such employee in any sick leave credit plan established by the Board of Management. Dismissal for cause (4) Nothing in this section prevents the Board of Management from terminating the employment of an employee for cause. R.S.O. 1990, c. M.62, s. 236.
Bus system on Toronto Islands
238.-240. REPEALED: 1993, c. 15, s. 34 (4). Note: Effective January 1, 1998, Part XVII (sections 241 to 269) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART XVII   FINANCES
Definitions
241. In this Part, “commercial assessment” has the same meaning as in section 1 of the Ontario Unconditional Grants Act; (“évaluation des industries et des commerces”) “residential and farm assessment” has the same meaning as in clause 9 (1) of the Ontario Unconditional Grants Act; (“évaluation résidentielle et agricole”) “total rateable property”, (a) in relation to an area municipality, means the sum of, (i) the product obtained by multiplying the residential and farm assessment by .85, (ii) the commercial assessment, and (iii) the valuations of all properties for which payments in lieu of taxes are paid by the Crown in right of Canada or any province or any board, commission, corporation or other agency thereof or by Ontario Hydro to any area municipality, and (b) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. (“total des biens imposables”) R.S.O. 1990, c. M.62, s. 241. 242. (1), (2) REPEALED: 1996, c. 32, s. 78 (18). Deemed municipality for purposes of Credit Unions and Caisses Populaires Act (3) The Metropolitan Corporation is deemed to be a municipality for the purposes of section 35 of the Credit Unions and Caisses Populaires Act. R.S.O. 1990, c. M.62, s. 242 (3). Investment of money (4) Sections 167.1 and 167.3 of the Municipal Act apply to the Metropolitan Council with necessary modifications. 1996, c. 32, s. 78 (19). Combined investments (5) The Metropolitan Corporation may combine and invest money held in the general fund, the capital fund and a reserve fund. Limitation (6) Money invested under subsection (5) shall be invested only in the securities named in subsection (2). Apportionment (7) Earnings from the combined investment shall be credited to the separate funds in proportion to the amount invested from those funds. 1992, c. 15, s. 43. YEARLY LEVIES AND ESTIMATES
Definitions
242. (1), (2) REPEALED: 1996, c. 32, s. 78 (18). Deemed municipality for purposes of Credit Unions and Caisses Populaires Act (3) The Metropolitan Corporation is deemed to be a municipality for the purposes of section 35 of the Credit Unions and Caisses Populaires Act. R.S.O. 1990, c. M.62, s. 242 (3). Investment of money (4) Sections 167.1 and 167.3 of the Municipal Act apply to the Metropolitan Council with necessary modifications. 1996, c. 32, s. 78 (19). Combined investments (5) The Metropolitan Corporation may combine and invest money held in the general fund, the capital fund and a reserve fund. Limitation (6) Money invested under subsection (5) shall be invested only in the securities named in subsection (2). Apportionment (7) Earnings from the combined investment shall be credited to the separate funds in proportion to the amount invested from those funds. 1992, c. 15, s. 43. YEARLY LEVIES AND ESTIMATES
Yearly estimates
243. (1) The Metropolitan Council shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the Metropolitan Corporation, including the sums required by law to be provided by the Metropolitan Council for school purposes and for any local board of the Metropolitan Corporation, and such estimates shall set forth the estimated revenues and expenditures in such detail and according to such form as the Ministry may from time to time prescribe. Allowance to be made in estimates (2) In preparing the estimates, the Metropolitan Council shall make due allowance for a surplus of any previous year that will be available during the current year and shall provide for any operating deficit of any previous year and for such reserves as the Metropolitan Council considers necessary. R.S.O. 1990, c. M.62, s. 243.
Levy authorized before estimates adopted
245. (1) Despite section 244, the Metropolitan Council may, in any year before the adoption of the estimates for that year, levy against each of the area municipalities a sum not exceeding 50 per cent of the levy made by the Metropolitan Council in the preceding year against that area municipality or against the former area municipalities included within that area municipality, and subsections 244 (13) and (14) apply to such a levy. Levy under s.244 to be reduced (2) The amount of any levy made under subsection (1) shall be deducted from the amount of the levy made under section 244. R.S.O. 1990, c. M.62, s. 245. RESERVE FUNDS
Reserve funds
246. (1) The Metropolitan Council, or The Metropolitan Toronto School Board or the Metropolitan Toronto Library Board with the approval of the Metropolitan Council, may in each year provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds. R.S.O. 1990, c. M.62, s. 246 (1). Investments and income (2) The money raised for a reserve fund 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 (2.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 78 (20). Note: During a one-year transitional period, beginning on March 6, 1997 and ending on March 6, 1998, the following rules apply: Subsection 246 (2), 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 (21-23), 102 (4). Expenditure of reserve fund money (3) The money raised for a reserve fund established under subsection (1) shall not be expended, pledged or applied to any purpose other than that for which the fund was established, unless approved by the Metropolitan Council. Auditor to report on reserve funds (4) The auditor in the auditor’s annual report shall report on the activities and position of each reserve fund established under subsection (1). R.S.O. 1990, c. M.62, s. 246 (3, 4). TEMPORARY LOANS
Debt
248. (1) The Metropolitan Corporation may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt. Municipal purposes (1.1) In subsection (1), “municipal purposes” means all the following purposes, under this or any other Act: 1. The purposes of the Metropolitan Corporation. 2. The purposes of an area municipality. 3. The joint purposes of two or more area municipalities. Limitations (1.2) Subsection (1) is subject to the limitations in this or any other Act. 1996, c. 32, s. 78 (25). Authority to expend money for rapid transit extension (2) Despite any other provision of this Part, the Metropolitan Corporation may expend money for the purposes of an extension to the rapid transit system of the Toronto Transit Commission and may issue debentures therefor for any term or terms not exceeding forty years and may provide for the refinancing of not more than one-half of the amount of any such issue at the end of the term thereof, provided that the total period for repayment of the debt created shall not exceed forty years. R.S.O. 1990, c. M.62, s. 248 (2); 1996, c. 32, s. 78 (26). Liability (3) All debentures issued pursuant to a by-law passed by the Metropolitan Council under the authority of this Act are direct, joint and several obligations of the Metropolitan Corporation and the area municipalities despite the fact that the whole or any portion of the rates imposed for the payment thereof may have been levied only against one or more of the area municipalities but nothing in this subsection affects the rights of the Metropolitan Corporation and of the area municipalities respectively as among themselves. Limitation (4) Despite any general or special Act, no area municipality has power to issue debentures. Bonds, debentures, etc., trustee investments (5) Bonds, debentures and other evidences of indebtedness of the Metropolitan Corporation shall be deemed to be bonds, debentures and other evidences of indebtedness of a municipal corporation for the purposes of the Trustee Act. R.S.O. 1990, c. M.62, s. 248 (3-5).
Concurrence of specified number of members of area council
249. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the Metropolitan Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the Metropolitan by-law. 1996, c. 32, s. 78 (27).
Agreement for issue and sale of debentures
250. (1) Despite any other provisions in this Act or any other general or special Act, when the Municipal Board or the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures by the Metropolitan Corporation for its purposes or for the purposes of any area municipality, the Metropolitan Council may by by-law authorize the chair and treasurer subject to such terms and conditions as the by-law specifies to enter into an agreement or agreements, upon such terms and conditions including price or prices as the chair and the treasurer consider expedient, with any person or persons at any time in the year in which the by-law is passed for the issue and sale of debentures. R.S.O. 1990, c. M.62, s. 250 (1); 1992, c. 15, s. 46; 1996, c. 32, s. 78 (28). Maximum amount of money (2) A by-law passed under subsection (1) shall set out the maximum amount of money which may be raised by the issue and sale of debentures under such by-law. Report (3) Where an agreement has been entered into in accordance with subsection (1), the treasurer shall report the terms of the agreement to the Metropolitan Council not later than the second regular council meeting next following the entering into of the agreement. Passage of money by-laws (4) Where the chair and treasurer have entered into an agreement or agreements authorized under subsection (1), the Metropolitan Council shall pass all necessary money by-laws in accordance with section 252 and with such agreement or agreements. R.S.O. 1990, c. M.62, s. 250 (2-4).
Borrowing pending issue and sale of debentures
251. (1) When the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures for its purposes, the Metropolitan Council pending the issue and sale of the debentures may agree with a bank or person for temporary advances from time to time for the purpose authorized, and may by by-law pending the sale of such debentures or in lieu of selling them authorize the chair and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan. R.S.O. 1990, c. M.62, s. 251 (1); 1992, c. 15, s. 47 (1). Idem (2) When the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the Metropolitan Council pending the issue and sale of the debentures may, and on the request of the area municipality shall, agree with a bank or person for temporary advances from time to time for the purposes authorized, and may, or on the request of the area municipality shall, pending the sale of such debentures or in lieu of selling them, authorize the chair and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan, and shall transfer the proceeds of such advance or loan to the area municipality. R.S.O. 1990, c. M.62, s. 251 (2); 1992, c. 15, s. 47 (2); 1996, c. 32, s. 78 (29). Interest on procedes transferred (3) The Metropolitan Corporation may charge interest on any proceeds of an advance or loan transferred under subsection (2) at a rate sufficient to reimburse it for the cost of such advance or loan. R.S.O. 1990, c. M.62, s. 251 (3). Application of proceeds of loan (4) The proceeds of every advance or loan under this section shall be applied to the purposes for which the debentures were authorized, but the lender shall not be bound to see to the application of the proceeds and, if the debentures are subsequently sold, the proceeds of the sale shall be applied first in repayment of the loan and, where the debentures were issued for the purposes of an area municipality, the balance, subject to section 263, shall be transferred to the area municipality. R.S.O. 1990, c. M.62, s. 251 (4); 1996, c. 32, s. 78 (30). Subsequent sale of debentures (5) Subject to subsection (3), the redemption of a debenture hypothecated does not prevent the subsequent sale thereof. R.S.O. 1990, c. M.62, s. 251 (5). Signatures (6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 78 (31).
Temporary borrowing
251.1 Section 188 of the Municipal Act applies with necessary modifications to the Metropolitan Corporation. 1992, c. 15, s. 48.
Application of Municipal Act
253. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the Metropolitan Council. Hypothecation not a sale (2) For the purposes of this section, the hypothecation of debentures under section 251 shall not constitute a sale or other disposal thereof. Consolidation of debentures (3) The Metropolitan Council may by one by-law authorized under subsection (1) amend two or more by-laws and provide for the issue of one series of new debentures in substitution and exchange for the debentures issued thereunder. Special assessments and levies (4) A by-law passed under this section does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the Metropolitan Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Metropolitan Council. R.S.O. 1990, c. M.62, s. 253.
Repeal of by-law
254. (1) Where part only of a sum of money provided for by a by-law has been raised, the Metropolitan Council may repeal the by-law as to any part of the residue, and as to a proportionate part of the amounts to be raised annually. R.S.O. 1990, c. M.62, s. 254 (1). Effective date (2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day. 1996, c. 32, s. 78 (45).
Until debt paid certain by-laws cannot be repealed
255. (1) Subject to section 254, after a debt has been contracted under a by-law, the Metropolitan Council shall not, until the debt and interest have been paid, repeal the by-law or any by-law appropriating, for the payment of the debt or the interest, the surplus income from any work or any interest therein, or money from any other source, and shall not alter any such by-law so as to diminish the amount to be raised annually, and shall not apply to any other purpose any money of the Metropolitan Corporation that has been directed to be applied to such payment. Application of payments (2) When the Metropolitan Corporation, by or under the authority of this Act, pays to an area municipality any amount of principal and interest becoming due upon any outstanding debentures issued by the area municipality, neither the council of the area municipality nor any officer thereof shall apply any of the money so paid for any purpose other than the payment of the amounts of principal and interest so becoming due. R.S.O. 1990, c. M.62, s. 255.
Offence for neglect of officer to carry out by-law
256. Any officer of the Metropolitan Corporation whose duty it is to carry into effect any of the provisions of a money by-law of the Metropolitan Corporation, who neglects or refuses to do so, under colour of a by-law illegally attempting to repeal or amend it, so as to diminish the amount to be raised annually under it, is guilty of an offence. R.S.O. 1990, c. M.62, s. 256.
Money by-laws may be registered
257. (1) Within four weeks after the passing of a money by-law, the clerk of the Metropolitan Corporation may register a duplicate original or a copy of it, certified under his or her hand and the seal of the Metropolitan Corporation, in the Registry Office for the Registry Division of the City of Toronto. Application to quash registered by-law, when to be made (2) Subject to section 62 of the Ontario Municipal Board Act, every by-law registered in accordance with subsection (1), or before the sale or other disposition of the debentures issued under it, and the debentures are valid and binding, according to the terms thereof, and the by-law shall not be quashed, unless within one month after the registration in the case of by-laws passed under the Drainage Act or the Local Improvement Act, and in the case of other by-laws, within three months after the registration, an application or action to quash the by-law is made to or brought in a court of competent jurisdiction, and a certificate under the hand of the proper officer of the court and its seal, stating that such application has been made or action brought is registered in such registry office within such period of three months, or one month, as the case may be. Time when by-law to be valid and binding (3) After the expiration of the period prescribed by subsection (2), if no application or action to quash the by-law is made or brought, the by-law is valid and binding according to its terms. Quashing part of by-law (4) If an application or action to quash the by-law is made or brought within the period prescribed by subsection (2), but part only of the by-law is sought to be quashed, the remainder of it, if no application or action to quash it is made or brought within that period, is, after the expiration of that period, valid and binding according to its terms. Dismissal of application (5) If the application or action is dismissed in whole or in part, a certificate of the dismissal may be registered, and after such dismissal and the expiration of the period prescribed by subsection (2), if it has not already expired, the by-law, or so much of it as is not quashed is valid and binding according to its terms. R.S.O. 1990, c. M.62, s. 257 (1-5). Illegal by-laws not validated (6) Nothing in this section makes valid a by-law where it appears on the face of it that any of the provisions of subsection 252 (5) have not been substantially complied with. R.S.O. 1990, c. M.62, s. 257 (6); 1996, c. 32, s. 78 (46). Failure to register (7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. M.62, s. 257 (7).
Execution
258. (1) A debenture shall bear, (a) the seal of the Metropolitan Corporation; and (b) the signatures of, (i) the chair, or another person authorized to sign by a by-law of the Metropolitan Corporation, and (ii) the treasurer. To whom payable (2) A debenture may be made payable to bearer or to a named person or bearer. Full amount recoverable (3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the Metropolitan Corporation. Mechanical reproduction of seal and signatures (4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced. Signature (5) A debenture is sufficiently signed if, (a) it bears the required signatures; and (b) each person signing has authority to do so on the date he or she signs. Interest coupons (6) Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture. Applications of subss. (4) and (5) (7) Subsections (4) and (5) also apply to the execution of interest coupons. 1996, c. 32, s. 78 (47).
Debentures, by-law to be valid
259. Where the interest for one year or more on the debentures issued under a by-law and the principal of any debenture that has matured has been paid by the Metropolitan Corporation, the by-law and the debentures issued under it are valid and binding upon the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 259.
Mode of transfer may be prescribed
260. (1) Where a debenture contains or has endorsed upon it a provision to the following effect: This debenture, or any interest therein, is not, after a certificate of ownership has been endorsed thereon by the treasurer of this Corporation or by such other person authorized by by-law of this Corporation to endorse such certificate of ownership, transferable except by entry by the treasurer or by such other person so authorized in the debenture registry of the Corporation at the ....................................................................... ....................................................................... of .................................................................. the treasurer, or such other persons so authorized, on the application of the owner of the debenture or of any interest in it, shall endorse upon the debenture a certificate of ownership and shall record in a debenture registry a copy of the certificate and of every certificate that is subsequently given, and shall also enter a memorandum of every transfer of such debenture. R.S.O. 1990, c. M.62, s. 260 (1); 1992, c. 15, s. 51 (1). Requirements as to endorsing certificate of ownership (2) A certificate of ownership shall not be endorsed on a debenture except by the written authority of the person last entered as the owner of it, or of his or her executors or administrators, or of his, her or their attorney, and, if the person last entered as owner of it is a corporation, the written authority of such corporation, or its successors, which authority shall be retained and filed by the treasurer. R.S.O. 1990, c. M.62, s. 260 (2). Transfer by entry in debenture registry (3) After a certificate of ownership has been endorsed, the debenture, if it contains or has endorsed upon it a provision to the like effect of the provision contained in subsection (1), is transferable only by entry by the treasurer, or by such other person so authorized, in the debenture registry as and when a transfer of the debenture is authorized by the then owner of it or his or her executors or administrators or his, her or their attorney and, if the then owner of it is a corporation, the written authority of such corporation, or its successors. R.S.O. 1990, c. M.62, s. 260 (3); 1992, c. 15, s. 51 (2). When debenture registry may be maintained outside Canada (4) Where debentures are payable in a currency other than that of Canada, the Metropolitan Council may provide that the debenture registry of the Metropolitan Corporation in respect of such debentures be maintained outside Canada by a person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the Metropolitan Council considers appropriate. R.S.O. 1990, c. M.62, s. 260 (4); 1992, c. 15, s. 51 (3).
Records storage
260.1 (1) The following records may be kept electronically or by using a magnetic medium: 1. Copies of certificates of ownership and original memoranda of debenture transfers under subsection 260 (1). 2. Names and addresses of the owners of registered debentures. 3. Particulars of the cancellation and destruction of debentures under subsection 262 (4) and the issuance of any new debentures in exchange. Admissibility (2) Any writing produced from an electronic or magnetic medium that represents the copy of a certificate of ownership kept under paragraph 1 of subsection (1) and that is in a readily understandable form is admissible in evidence to the same extent as a copy of the certificate under subsection 260 (1). Idem (3) If there is no original written record, any writing produced from an electronic or magnetic medium that is in a readily understandable form and that represents a memorandum of debenture transfer or the records kept under paragraph 2 or 3 of subsection (1) is admissible in evidence to the same extent as if it were an original written record. 1992, c. 15, s. 52.
Replacement of lost debentures
261. Where a debenture is defaced, lost or destroyed, the Metropolitan Council may by by-law provide for the replacing of the debenture on the payment of such fee and on such terms as to evidence and indemnity as the by-law may provide. R.S.O. 1990, c. M.62, s. 261.
Exchange of debentures
262. (1) On request of the holder of any debenture issued after the 3rd day of April, 1957 by the Metropolitan Corporation, the treasurer of the Metropolitan Corporation may issue and deliver to such holder a new debenture or new debentures in exchange therefor for the same aggregate principal amount. On request of sinking fund committee (2) On the request of the sinking fund committee, the treasurer of the Metropolitan Corporation may, as provided in this section, exchange debentures heretofore or hereafter issued by the Metropolitan Corporation. New debentures (3) Any new debenture mentioned in subsection (1) may be registered as to principal and interest but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange. R.S.O. 1990, c. M.62, s. 262 (1-3). Duty of treasurer (4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Metropolitan Corporation shall, (a) cancel and destroy it; (b) certify the cancellation and destruction in the debenture registry; and (c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange. 1996, c. 32, s. 78 (48).