Definition
179. (1) In this section, “public welfare purposes” includes any purpose in respect of which any obligation is imposed or power is conferred on the Metropolitan Corporation in relation to matters referred to in this Part. Assumption of lands and buildings for public welfare purposes (2) The Metropolitan Council may pass by-laws assuming any land or building that it requires for public welfare purposes that is vested on the 31st day of March, 1966, in any area municipality and that is used on such day primarily for public welfare purposes, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation. Buildings used for other purposes (3) Where any part of a building mentioned in subsection (2) is used by the area municipality or a local board thereof for purposes other than public welfare purposes, the Metropolitan Council may, (a) where practicable, assume only the part of the building and land appurtenant thereto used for public welfare purposes; or (b) assume the whole building and land appurtenant thereto, and enter into an agreement with the area municipality or a local board thereof for the use of a part of the land or building by such area municipality or local board on such terms and conditions as may be agreed upon. Liability of Metropolitan Corporation (4) Where the Metropolitan Corporation assumes any property under subsection (2) or (3), (a) no compensation or damage shall be payable to the area municipality except as provided in this subsection; (b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due thereafter upon any outstanding debentures issued by the area municipality in respect of any property vested in the Metropolitan Corporation under subsection (2) or (3); (c) despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due thereafter with respect to any debentures theretofore issued by the Metropolitan Corporation on behalf of such area municipality in respect of any property vested in the Metropolitan Corporation under subsection (2) or (3) shall be repaid by levies against all the area municipalities; (d) the Metropolitan Corporation shall thereafter pay to the area municipality for the portion of any land or building vested in the Metropolitan Corporation under this section that is not used, on the 31st day of March, 1966, for public welfare purposes such amount as may be agreed upon, and, failing agreement, the Municipal Board, upon application, may determine the amount, and its decision is final, provided that such amount shall not be greater than the capital expenditure for such portion of the land or building less the amount of any outstanding debentures in respect of such portion. Default (5) If the Metropolitan Corporation fails to make any payments as required by clause (4) (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. Accommodation (6) Where a building vested in an area municipality or local board is used partly for public welfare purposes and is not vested in the Metropolitan Corporation under this section, the area municipality or local board at the request of the Metropolitan Council shall provide, at such rental as may be agreed upon, at least as much accommodation in such building for the use of the Metropolitan Corporation as was being provided by the area municipality for public welfare purposes on the 31st day of March, 1966. Transfer of personal property (7) At the request of the Metropolitan Council, each area municipality, for the use of the Metropolitan Corporation, (a) shall transfer to the Metropolitan Corporation without compensation all office supplies and stationery in the possession of the area municipality on the 31st day of December, 1966, that was provided exclusively for public welfare purposes; and (b) shall transfer to the Metropolitan Corporation without compensation all personal property with the exception of office supplies and stationery in the possession of the area municipality on the 31st day of March, 1966, or thereafter that was provided exclusively for public welfare purposes. Disposal of personal property (8) No area municipality, without the consent of the Metropolitan Council, shall dispose of any personal property referred to in clause (7) (b). Settling of doubts (9) In the event of any doubt as to whether, (a) any outstanding debenture or portion thereof was issued in respect of any property assumed; or (b) any land or building referred to in subsection (2) was used primarily for public welfare purposes, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 179.