Interpretation
1. (1) In this Regulation, “construct” includes reconstruct, extend, enlarge, improve and alter and “construction” has a corresponding meaning; “cost”, as applied to a work, means capital cost; “court of revision” means a court of revision constituted under this Regulation; “drive approach” means pavement on a highway which is constructed to serve as an approach to a particular lot; “engineer” includes a person authorized or required by the council of a municipality to perform any duty that under this Regulation is required or authorized to be performed by an engineer; “frontage”, when used in reference to a lot abutting on a work, means that side or limit of the lot that abuts on the work; “lifetime”, as applied to a work, means the lifetime of the work as estimated by the engineer or, in case of an appeal, as finally determined by the court of revision; “lot” means a parcel of land that is required to be separately assessed under the Assessment Act; “municipality’s share of the cost” means that portion of the cost of a work that is payable by the municipality and that is not to be specially charged under this Regulation; “owner” means, with respect to a lot and in the absence of evidence to the contrary, the person appearing by the last returned assessment roll, as most recently revised, to be the owner of the lot; “owners’ share of the cost” means that portion of the cost of a work that is to be specially charged under this Regulation; “pavement” means any type of highway surfacing; “paving” includes laying down or constructing any kind of pavement; “reduction” includes an exemption; “sewer” includes a sanitary sewer and a storm drain; “special charge” means a fee or charge imposed under Part XII of the Act in accordance with this Regulation in respect of the cost of a work undertaken as a local improvement, and “specially charged” has a corresponding meaning; “value” means with respect to a lot, the assessed value of the land, as defined in the Assessment Act, according to the last returned assessment roll, as most recently revised; “work” means a work that may be undertaken as a local improvement. O. Reg. 119/03, s. 1 (1). (2) The following works may be undertaken as local improvements: 1. Constructing a highway. 2. Constructing any works for the collection, production, treatment, storage, supply or distribution of water or for the collection, transmission, treatment or disposal of sewage. 3. Paving a highway. 4. Constructing a curb, gutter, sidewalk or retaining wall in, upon or along a highway. 5. Constructing a boulevard on a highway. 6. Sodding any part of a highway and planting trees, shrubs and plants on a highway. 7. Extending a system of gas or heat works, including all such works that may be necessary for supplying gas or heat to the owners of lots for whose benefit the extension is provided. 8. Constructing a park, square or other public place. 9. Constructing a retaining wall, dyke, breakwater, groyne, crib or other shore protection work along any body of water. 10. Constructing and erecting equipment, plant or works on a highway for the purpose of supplying electric light, including standards and underground conduits and wires. 11. Constructing a highway or subway under a railway or another highway. 12. Widening pavement on a highway. 13. Constructing a water service pipe from the water main to the edge of the highway. 14. Constructing a private sewer connection from the main sewer to the edge of the highway. 15. Constructing a drive approach on a highway. 16. Constructing noise abatement works on a highway. O. Reg. 119/03, s. 1 (2). (3) The power to undertake a work as a local improvement includes the power to acquire an existing work and this Regulation applies as if the municipality were undertaking the work so acquired. O. Reg. 119/03, s. 1 (3). (4) Where a municipality has the authority, under section 23 of the Act or under any other provision of any Act, to undertake a private work of a type described in subsection (2), the municipality may undertake the private work as a local improvement and this Regulation applies to undertaking the private work as a local improvement as if the municipality were undertaking its own work. O. Reg. 119/03, s. 1 (4). (5) Where any person or body is required to give notice under this Regulation, the person or body shall, except as otherwise provided, give notice in the form and in the manner and at the time that the person or body considers adequate to give reasonable notice. O. Reg. 119/03, s. 1 (5).