jswizzle3737/ontario_laws_and_regs huggingface dataset:
Powers of area municipalities restricted
53. (1) No area municipality shall establish, maintain or operate any works for the production, treatment and storage of water. Proviso (2) Nothing in this section limits the powers of an area municipality or local board thereof respecting the use and distribution of water supplied to such area municipality by the Regional Corporation. R.S.O. 1990, c. R.8, s. 53.
Supply beyond limits of local municipality
54. (1) No municipality or local board thereof that is supplied with water by the Regional Corporation shall supply or agree to supply any of such water beyond the limits of the municipality without the approval of the Regional Council. Proviso (2) Nothing in subsection (1) prohibits an area municipality or local board from supplying water to another municipality where by an agreement entered into before the 15th day of October, 1969, which by reason of an amalgamation or annexation under the Regional Act the area municipality or local board is obligated to supply such water and the works and trunk distribution mains used or required in carrying out such agreement have not been assumed by the Regional Corporation. Idem (3) In respect of the regional municipalities of Waterloo and York the date mentioned in subsection (2) shall be read as the 25th day of October, 1972 and the 12th day of October, 1970, respectively. R.S.O. 1990, c. R.8, s. 54.
Regulation of supply, etc.
55. The Regional Council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from the regional waterworks system, 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 Regional Area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the Regional Corporation with regard to the water so supplied. R.S.O. 1990, c. R.8, s. 55.
Maintenance, management, etc.
56. The Regional Council may pass by-laws for the maintenance and management of the regional waterworks system and may also by by-law or resolution fix the charges to meet the cost of any work or service done or furnished for the purposes of the supply of water and the rent of or charges for fittings, apparatus, meters or other things leased or furnished to any municipality. R.S.O. 1990, c. R.8, s. 56.
Rates
57. (1) The Regional Council may pass by-laws fixing the rates at which water will be supplied to the area municipalities, and the times and places when and where the rates shall be payable. Idem (2) In fixing the rates, the Regional Council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to one or more of the area municipalities. Self-sustaining (3) The Regional Council shall so fix the rates at which water is supplied to the area municipalities that the revenues of the waterworks system will be sufficient to make the system self-sustaining after providing for such maintenance, renewals, depreciation, debt charges and reserves as the Regional Council may think proper. Non-application (4) Clause 54 (1) (k) of the Ontario Municipal Board Act does not apply in respect of water supplied by the Regional Corporation to an area municipality. Application to York (5) Subsections (1), (2) and (3), as they apply to The Regional Municipality of York, shall be read as though the words “rates or other charges” were substituted for the word “rates”. R.S.O. 1990, c. R.8, s. 57.
Combined rate
58. (1) The Regional Council may by by-law impose a single combined rate which could otherwise be recovered as a charge under section 56 or a rate under section 57. Combined rate (2) The Regional Council may by by-law impose a single combined rate for all or some of the charges which could otherwise be recovered as a rate or charge under section 50, 56 or 57. Application (3) Subsection (2) applies only to The Regional Municipality of York and subsection (1) does not apply to that regional municipality. R.S.O. 1990, c. R.8, s. 58.
Application
59. Subsections 221 (28) to (34) of the Municipal Act apply with necessary modifications to the Regional Council in the imposition of a rate or charge imposed under section 52, 56, 57 or 58. R.S.O. 1990, c. R.8, s. 59.
Retail sale prohibited
60. (1) The Regional Corporation shall supply water to the area municipalities, but, subject to subsection (2), shall not supply water to any other person. Sale to other municipalities (2) The Regional Corporation may enter into a contract for the supply of water to any local, regional or metropolitan municipality outside the Regional Area for its use or for resale to the inhabitants thereof 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. Purchase of water (3) The Regional Corporation may enter into a contract for the purchase of water from any adjoining regional or metropolitan municipality, and no area municipality shall enter into any such contract with any municipality. Application (4) Subsection (3) applies only to The Regional Municipality of York. R.S.O. 1990, c. R.8, s. 60.
Books and accounts
61. The Regional Council shall keep separate books and accounts of the revenues, expenditures, assets and liabilities in respect of the regional waterworks system in such manner as may be prescribed by the Ministry. R.S.O. 1990, c. R.8, s. 61.
Application of revenues
62. (1) Despite anything in the Public Utilities Act or any other general or special Act, the revenues in respect of the regional waterworks system shall be applied only for, (a) the reduction of any indebtedness assumed or incurred in respect of the system; (b) the operation, maintenance, renewal, improvement or extension of the system; (c) the establishment of such reserve funds as the Regional Council considers proper; to be used at any future time for any purpose mentioned in clause (a) or (b) or for the stabilization of rates, and any surplus revenues not required for such purposes shall remain credited to the waterworks system accounts and shall not form part of the general funds of the Regional Corporation. Where levy unnecessary (2) It is not necessary to levy any rate to provide for principal, interest or other payments on account of any debentures issued or any debt assumed by the Regional Corporation for the purposes of the regional waterworks system except to the extent that the revenues from the system are insufficient to meet the annual payments falling due on account of principal and interest on the debentures or debt. R.S.O. 1990, c. R.8, s. 62 (1, 2). Investments and income (3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may be invested only in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act. Same (3.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 85 (2). Application of reserve fund (4) The money forming part of a reserve fund established under subsection (1) shall be applied or expended only for the purposes of the regional waterworks system. R.S.O. 1990, c. R.8, s. 62 (4).
Disposal of property
63. (1) Subject to section 70, the Regional Corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the regional waterworks system, that, in the opinion of the Regional Council, is no longer required for the purposes of the waterworks system, but where the property is actually used for the purposes of the waterworks system no such sale, lease or other disposition shall be made without the approval of the Municipal Board. Proceeds (2) The proceeds of any such sale, lease or other disposition shall be applied first in redemption and payment of any indebtedness assumed or incurred in respect of the property disposed of, and the balance shall form part of the revenues in respect of the regional waterworks system. R.S.O. 1990, c. R.8, s. 63.
Temporary shut-offs
64. (1) The Regional Corporation is not liable for damages caused by the shut-off or reduction of the amount of water supplied to an area municipality in cases of emergency or breakdown, or when it is necessary in maintaining or extending the system, but the Regional Council shall wherever possible give to any area municipality reasonable notice of intention to shut off or reduce the supply of water. No breach of contract (2) Where the supply of water by the Regional Corporation to an area municipality is interrupted or reduced, the area municipality or its local board may, despite anything in any contract, allocate and distribute its available water among its customers and may interrupt or decrease the delivery of water under any contract, and nothing done under this subsection shall be deemed to be a breach of contract or entitle any person to rescind any contract or release any guarantor from the performance of the guarantor’s obligation. R.S.O. 1990, c. R.8, s. 64.
Standards for local systems
65. (1) The Regional Council may pass by-laws establishing standards for and regulating and governing the design, construction and maintenance of local water distribution works by the area municipalities and may provide in any such by-law for the inspection of such local works, and every area municipality and local board shall conform to such by-laws. Approval of local extensions and connections (2) No area municipality or local board thereof shall construct or extend any local water distribution works or connect the works or any part thereof to any work or main of the Regional Corporation without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 65.
Appeal
66. If the council of an area municipality considers itself aggrieved by the refusal of the Regional Corporation or the Regional Council, (a) to assume as a regional work any local work; (b) to construct any extension of the regional distribution system; (c) to maintain or increase the supply of water to the area municipality; (d) to approve the construction or extension of any local water distribution works by the area municipality; or (e) to permit the connection or the continuance of a connection to the regional system, 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. R.8, s. 66.
Payment of rates and charges
67. (1) All rates and charges against an area municipality or local board thereof imposed under the authority of this Part are a debt of the area municipality to the Regional Corporation, and the treasurer of every area municipality shall pay the same to the treasurer of the Regional Corporation at the times and in the amounts specified by by-law of the Regional Council. Discounts and penalties (2) The Regional Council may by by-law provide for uniform rates of discount for prompt payment of charges for water supply to the area municipalities and may by by-law provide for the payment of interest in the event of default at a rate of 15 per cent per annum, or such lower rate as the Regional Council determines, while such default continues. R.S.O. 1990, c. R.8, s. 67.
Transfer of rights over works assumed
68. The Regional Corporation has, in respect of all works and trunk distribution mains assumed as part of the regional waterworks system, 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 or mains before they were assumed by the Regional Corporation, and the Regional 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 or mains had not been assumed. R.S.O. 1990, c. R.8, s. 68.
Inspection of local works
69. Any person authorized by the Regional Council has free access from time to time, upon reasonable notice given and request made, to all works for the distribution of water 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. R.8, s. 69.
Reversion where mains no longer required
70. Where a distribution main has been assumed by the Regional Corporation under section 51 and, in the opinion of the Regional Council, is no longer required for the purposes of the regional waterworks system but is, in the opinion of the council of the area municipality in which it is situate, required as a local distribution main by the area municipality, the Regional Council shall by by-law remove the main from the regional waterworks system and transfer it and all rights and obligations relating thereto to the area municipality. R.S.O. 1990, c. R.8, s. 70.
Definitions
73. (1) In this section and sections 74 to 94, “capital improvement” means an addition to or an extension, enlargement, alteration, replacement or other improvement of a work of such nature or character that it is usually and properly accounted for as a capital asset; (“améliorations des immobilisations”) “land drainage” means storm, surface, overflow, subsurface or seepage waters or other drainage from land, but does not include sewage; (“eaux d’écoulement”) “sewage” means domestic sewage or industrial wastes, or both; (“eaux d’égout”) “sewage works” means an integral system consisting of a sewer or sewer system and treatment works; (“ouvrage d’égouts”) “sewer” means a public sewer for common usage for the purpose of carrying away sewage or land drainage, or both; (“égout”) “sewer system” means a system of two or more interconnected sewers having one or more common discharge outlets and includes pumping plant, force mains, siphons and other like work; (“réseau d’égouts”) “treatment works” means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the intercepting or treating of sewage or land drainage, or both, and includes the collecting, dispersing, disposing or discharging of sewage or land drainage as incidental thereto and land appropriated for such purposes and uses; (“ouvrages d’épuration”) “work” means a sewer, sewer system, sewage works or treatment works, or a capital improvement of any of them. (“ouvrage”) Idem (2) A sewer, sewer system or sewage works, whether existing or proposed, shall be deemed to be a trunk sewer, trunk sewer system or trunk sewage works, if so declared by by-law of the Regional Council. R.S.O. 1990, c. R.8, s. 73.
General powers
74. (1) For the purpose of collecting or receiving from the area municipalities, or any of them, sewage and land drainage and the treatment or disposal thereof, the Regional Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon any local municipality or local board thereof within the Regional Area. R.S.O. 1990, c. R.8, s. 74 (1). Sewage works utilities commission prohibited (2) The Regional Corporation shall not entrust the construction or the control and management of the regional sewage works to a public utilities commission. R.S.O. 1990, c. R.8, s. 74 (2). (3) Repealed: 2000, c. 5, s. 21 (19). 74.1 Repealed: 2000, c. 5, s. 21 (20).
Sewage works utilities commission prohibited
74.1 Repealed: 2000, c. 5, s. 21 (20).
Construction, etc., of trunk sewage works
75. The Regional Council may pass by-laws for constructing, maintaining, improving, repairing, widening, altering, diverting and stopping up trunk sewers, trunk sewer systems, trunk sewage works, treatment works and watercourses. R.S.O. 1990, c. R.8, s. 75.
Assumption of treatment works
76. (1) By by-laws passed by the Regional Council effective on the day of establishment all treatment works operated by or on behalf of each area municipality or any local board thereof and all rights and obligations of an area municipality or local board in relation to such works are assumed as regional sewage works and all the real and personal property in relation to the works designated in the by-laws is vested in the Regional Corporation. R.S.O. 1990, c. R.8, s. 76 (1). Other works (2) The Regional 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 day of establishment. R.S.O. 1990, c. R.8, s. 76 (2). Works assumed (3) The works assumed are those designated and described in a by-law mentioned in subsection (1) or (2). 2000, c. 5, s. 21 (21). (4) Repealed: 2000, c. 5, s. 21 (21). (5) Repealed: 2000, c. 5, s. 21 (21). Extension of time (6) Despite subsection (1), a by-law for assuming any specific treatment works may, with the approval of the Municipal Board, be passed on or after the day of establishment, and in that case the by-law becomes effective on the date provided therein. R.S.O. 1990, c. R.8, s. 76 (6). Regional liability (7) Where the Regional 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 Regional Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of such work or watercourse, but nothing in this clause requires the Regional 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. R.S.O. 1990, c. R.8, s. 76 (7). Default (8) If the Regional Corporation fails to make any payment on or before the due date required by clause (7) (b), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.8, s. 76 (8). Settling of doubts (9) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt 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. R.8, s. 76 (9). (10) Repealed: 2000, c. 5, s. 21 (22). (11) Repealed: 2000, c. 5, s. 21 (23). (12) Repealed: 2000, c. 5, s. 21 (23).
Existing agreements
77. (1) Where any local municipality or a local board thereof within the Regional Area 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 Regional Corporation, the Regional Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement, and the area municipality or local board that would otherwise be bound by the agreement is relieved of all liability thereunder. Idem (2) Where any local municipality or a local board thereof within the Regional Area 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 Regional Corporation, the Regional Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the area municipality or local board that would otherwise be bound by the agreement 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 Regional 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. R.8, s. 77.
Powers of area municipalities restricted
78. (1) Where all the treatment works of an area municipality or any local board thereof are assumed by the Regional Corporation, the area municipality shall not thereafter establish, maintain or operate treatment works without the approval of the Regional Council. Idem (2) No area municipality shall establish or enlarge any treatment works without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 78.
Regulation of system, etc.
79. (1) The Regional 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 Regional Area an adequate system of sewage and land drainage disposal. Control of sewage (2) The Regional 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 Regional 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 Regional Council and a by-law passed by the council of an area municipality under paragraph 150 of section 210 of the Municipal Act, the by-law passed by the Regional Council prevails to the extent of such conflict but in all other aspects the by-law of the area municipality remains in full effect and force. R.S.O. 1990, c. R.8, s. 79. 79.1 Repealed: 2000, c. 5, s. 21 (24). 79.2 Repealed: 2000, c. 5, s. 21 (24).
Conflict
79.1 Repealed: 2000, c. 5, s. 21 (24). 79.2 Repealed: 2000, c. 5, s. 21 (24).
Conflict
79.2 Repealed: 2000, c. 5, s. 21 (24).
Imposition of sewer rate
80. (1) The Regional Council may by by-law from time to time provide for imposing on and collecting from any area municipality, in respect of the whole of such area municipality or any designated part thereof from which sewage or land drainage, including storm drainage, is received, (a) a sewer rate sufficient to pay the whole or such portion as the by-law may specify, of the regional expenditures relating to the capital costs of any work or water course assumed, constructed or to be constructed by the Regional Corporation, or for extension or improvement of such work, including debenture charges relating to any capital costs; (b) a sewage service rate sufficient to pay the whole, or such portion as the by-law may specify, of the regional expenditures for maintenance and operation of such work or watercourse; or (c) a uniform rate related to volume of sewage or land drainage received or treated sufficient to pay the whole, or such portion as the by-law may specify, of the Regional capital costs, including debenture charges, and expenditures for maintenance and operation of such work or watercourse. R.S.O. 1990, c. R.8, s. 80 (1). Application (2) Clauses (1) (b) and (c) apply only to The Regional Municipality of Waterloo. R.S.O. 1990, c. R.8, s. 80 (2). Raising of money by area municipality (3) An area municipality may, (a) pay the amounts chargeable to it under subsection (1) out of its general funds; (b) pass by-laws under section 221 of the Municipal Act for imposing sewer rates to recover the whole or any 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, although in the by-law authorizing the work there was no provision for imposing, with the approval of the Municipal Board, upon owners or occupants of land who derive or will or may derive a benefit from the work a sewer rate sufficient to pay the whole or a portion or percentage of the capital cost of the work; or (c) include the whole or any part of an amount chargeable to the area municipality as part of the cost of an urban service for the collection and disposal of sewage and land drainage chargeable within an urban service area established in the area municipality under any general or special Act. R.S.O. 1990, c. R.8, s. 80 (3). Sewage service rate (4) An area municipality in The Regional Municipality of Waterloo 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 under this section. R.S.O. 1990, c. R.8, s. 80 (4). Exception (5) This section does not apply to The Regional Municipality of York. 2000, c. 5, s. 21 (25).
Approval of O.M.B. to undertaking, etc.
81. (1) Despite any general or special Act, the Municipal Board shall hear and determine any application by the Regional Corporation for approval of any undertaking, work, project or scheme relating to the collection and disposal of sewage without having regard to the methods by which the Regional Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought. Powers of O.M.B. (2) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (1) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered. R.S.O. 1990, c. R.8, s. 81.
Special benefit
82. (1) Where in the opinion of the Regional Council an area municipality or a portion thereof will or may derive a special benefit from the assumption or construction and operation of a work or watercourse, the Regional Council may at the time of authorizing the construction, extension or improvement of the work and at any time in respect of the assumption of the work by by-law provide that the area municipality shall be chargeable with and shall pay to the Regional Corporation the whole or such portion of the capital cost thereof as the by-law specifies, and such by-law is binding on the area municipality. R.S.O. 1990, c. R.8, s. 82 (1). Idem (2) When an area municipality receives a special benefit by the extension or improvement of a work and the capital cost of the work has already been apportioned by by-law, the Regional Council may repeal or amend any such by-law and reapportion the capital cost of such work among all the area municipalities which receive a special benefit therefrom. R.S.O. 1990, c. R.8, s. 82 (2). Debenture payments (3) Where any debt is incurred for the cost of the work, the area municipality chargeable under the by-law shall make payments to the Regional Corporation with respect to such debt proportionate to its share of the capital cost as set out in the by-law in the same manner as if the debt for such share had been incurred by the Regional Corporation for the purposes of the area municipality. R.S.O. 1990, c. R.8, s. 82 (3). Raising of money by area municipality (4) 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 although in the by-law authorizing the work there was no provision for imposing, with the approval of the Municipal Board, upon owners or occupants of land who derive or will or may derive a benefit from the work, a sewer rate sufficient to pay for the whole or a portion or percentage of the capital cost of the work. R.S.O. 1990, c. R.8, s. 82 (4). Application (5) This section applies only to The Regional Municipality of York. 2000, c. 5, s. 21 (26).
Connecting to regional works or watercourses
83. (1) No municipality or person shall connect any local work, local watercourse, private drain or private sewer to a regional work or watercourse without the approval of the Regional Council. Agreements with other municipalities (2) The Regional Corporation may enter into a contract with any local, regional or metropolitan municipality outside the Regional Area to receive and dispose of sewage and land drainage from the 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. Contracts for disposal of land drainage, area municipalities (3) Subject to the approval of the Regional Council, an area municipality and any local, regional or metropolitan municipality outside the Regional Area may enter into a contract to receive and dispose of land drainage from the local, regional or metropolitan municipality or from the area 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. Inspection (4) Any engineer or other officer of the Regional 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 regional work or watercourse. Application (5) Subsection (3) applies only to The Regional Municipality of York. R.S.O. 1990, c. R.8, s. 83.
Standards for local systems
84. (1) The Regional 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 regional 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 regional work or watercourse without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 84. 84.1 Repealed: 2000, c. 5, s. 21 (27).
Approval of local extensions, etc.
84.1 Repealed: 2000, c. 5, s. 21 (27).
Appeal
85. If the council of an area municipality considers itself aggrieved by the refusal of the Regional Corporation or the Regional Council, (a) to assume as a regional work any local work; (b) to construct, extend or improve any regional 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 regional 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. R.8, s. 85.
Special sewage service rates
86. (1) The Regional Council may pass by-laws, 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 regional work or works. R.S.O. 1990, c. R.8, s. 86 (1). Raising of money by area municipality (2) 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. R.8, s. 86 (2). (3) Repealed: 2000, c. 5, s. 21 (28). Exception (4) This section does not apply to The Regional Municipality of Waterloo. R.S.O. 1990, c. R.8, s. 86 (4). 86.1 Repealed: 2000, c. 5, s. 21 (29).
Exception
86.1 Repealed: 2000, c. 5, s. 21 (29).
Combined rate
87. The Regional Council may by by-law impose a single combined rate for all or some of the charges which could otherwise be recovered as a rate or charge under section 80, 82, 86 or 86.1. R.S.O. 1990, c. R.8, s. 87; 1994, c. 1, s. 20.
Application
88. (1) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Council in the imposition of a rate or charge under section 80, 86 or 87. R.S.O. 1990, c. R.8, s. 88 (1). Idem (2) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Council in respect of the imposition of a rate or charge under section 80 or 87. R.S.O. 1990, c. R.8, s. 88 (2). Non-application (3) This section does not apply to The Regional Municipality of York. 2000, c. 5, s. 21 (30).
Contribution towards cost of separation of combined sewers
89. (1) The Regional Council may contribute toward the cost to any area municipality of the separation of sanitary and storm sewers in existence on the day of establishment in the area municipality, such amount as it considers proper, not exceeding 25 per cent of the total cost thereof to the area municipality. Limitation (2) In respect of The Regional Municipality of Niagara, the contribution is limited to sewers the construction of which commenced on or after the 1st day of January, 1969. R.S.O. 1990, c. R.8, s. 89.
Transfer of rights over works assumed
90. The Regional 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 in respect of such works before they were assumed by the Regional Corporation and the Regional 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. R.8, s. 90.
Inspection of local works
91. Any person authorized by the Regional 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. R.8, s. 91.
Use of regional works
92. Any works assumed by the Regional Corporation under section 76, together with any extensions or additions thereto constructed by the Regional Corporation, may be used by the Regional 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 83 (2), from any local, regional or metropolitan municipality outside the Regional Area. R.S.O. 1990, c. R.8, s. 92.
Payment of charges
93. (1) All rates and charges against an area municipality imposed under the authority of this Part are a debt of the area municipality to the Regional Corporation, and the treasurer of every area municipality shall pay the same to the treasurer of the Regional Corporation at the times and in the amounts specified by by-law of the Regional Council. Discounts and penalties (2) The Regional Council may by by-law provide for uniform rates of discount for prompt payment of charges imposed under the authority of this Part and may by by-law provide for interest in the event of default at a rate of 15 per cent per annum, or such lower rate as the Regional Council determines, while such default continues. Limitation (3) Subsection (2) applies only to The Regional Municipality of Niagara. R.S.O. 1990, c. R.8, s. 93.
Disposal of liquid or solid material
94. (1) The Regional 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 Regional Corporation and that is transported to those sewage works for receipt and disposal by the Regional 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 Regional Corporation. R.S.O. 1990, c. R.8, s. 94.
Application to certain regional municipalities
95. Sections 73 to 94 apply only to the regional municipalities of Niagara, Waterloo and York. R.S.O. 1990, c. R.8, s. 95; 2000, c. 5, s. 21 (31). PART VI   PLANNING
Official plan
96. (1) Repealed: 1991, c. 15, s. 30. (2) Repealed: 1991, c. 15, s. 30. (3) Repealed: 1991, c. 15, s. 30. Official plan for Regional Area (4) The Regional Council shall have and continue to maintain in force with such amendments or revisions as it deems appropriate, an official plan for the Regional Area. R.S.O. 1990, c. R.8, s. 96 (4). (5) Repealed: 1991, c. 15, s. 30. 97. Repealed: 2000, c. 5, s. 21 (32). 98. Repealed: 2000, c. 5, s. 21 (33). 99. Repealed: 2000, c. 5, s. 21 (34). 100. Repealed: 2000, c. 5, s. 21 (35). PART VII   POLICE 101. Repealed: 1994, c. 1, s. 21.
Official plan for Regional Area
97. Repealed: 2000, c. 5, s. 21 (32). 98. Repealed: 2000, c. 5, s. 21 (33). 99. Repealed: 2000, c. 5, s. 21 (34). 100. Repealed: 2000, c. 5, s. 21 (35). PART VII   POLICE 101. Repealed: 1994, c. 1, s. 21.
Official plan for Regional Area
98. Repealed: 2000, c. 5, s. 21 (33). 99. Repealed: 2000, c. 5, s. 21 (34). 100. Repealed: 2000, c. 5, s. 21 (35). PART VII   POLICE 101. Repealed: 1994, c. 1, s. 21.
Official plan for Regional Area
99. Repealed: 2000, c. 5, s. 21 (34). 100. Repealed: 2000, c. 5, s. 21 (35). PART VII   POLICE 101. Repealed: 1994, c. 1, s. 21.
Official plan for Regional Area
100. Repealed: 2000, c. 5, s. 21 (35). PART VII   POLICE 101. Repealed: 1994, c. 1, s. 21.
Official plan for Regional Area
101. Repealed: 1994, c. 1, s. 21.
Definitions
102. In this Part, “Police Board” means the Police Services Board of a regional municipality; (“commission de police”) “Regional Police Force” means a regional police force that is under the government of a Police Board. (“corps de police régional”) R.S.O. 1990, c. R.8, s. 102.
By-law enforcement
103. (1) The Police Board and the members of the Regional Police Force have the same duties in respect of by-laws of the area municipalities as in respect of the by-laws of the Regional Corporation. Fines (2) The fines imposed for the contravention of the by-laws of any area municipality shall, where prosecuted by the Regional Police Force, belong to the Regional Corporation and, where prosecuted by any other person, belong to the area municipality whose by-law has been contravened. R.S.O. 1990, c. R.8, s. 103 (1, 2). (3) Repealed: 1997, c. 8, s. 45. (4) Repealed: 1997, c. 8, s. 45. (5) Repealed: 1997, c. 8, s. 45.
Property to be provided
104. The Regional Corporation shall provide all real and personal property necessary for the purposes of the Police Board. R.S.O. 1990, c. R.8, s. 104.
Rates for expenses of Police Board
105. (1) An area municipality may pay the amounts chargeable to it in each year for the expenses of the Police Board in respect of maintaining, operating and administering the Regional Police Force under section 25 of the Regional Municipality of Niagara Act, out of its general funds or, subject to the approval of the Ontario Civilian Commission on Police Services, by levying rates that are different between areas defined by the council or by levying rates in one or more such area only. Farm lands (2) Subject to the approval of the Ontario Civilian Commission on Police Services, the council of an area municipality may grant entire or partial exemption from any rate or rates levied under subsection (1) to lands and buildings used exclusively for farming purposes. R.S.O. 1990, c. R.8, s. 105.
Application
107. Sections 105 and 106 apply only to The Regional Municipality of Niagara. R.S.O. 1990, c. R.8, s. 107. PART VIII   FINANCES
Reserve funds of municipalities
108. (1) Reserve funds established by local municipalities for purposes for which the Regional Council has authority to spend funds and for which the council of an area municipality has no authority to spend funds are reserve funds of the Regional Corporation and the assets of such reserve funds are vested in the Regional Corporation. R.S.O. 1990, c. R.8, s. 108 (1). Idem (2) Reserve funds established by local municipalities, other than divided municipalities, for purposes for which the councils of area municipalities have authority to spend funds and for which the Regional Council has no authority to spend funds are reserve funds of the area municipality of which the local municipality forms the whole or a part and the assets of such reserve funds are vested in such area municipality. R.S.O. 1990, c. R.8, s. 108 (2). (3) Repealed: 2000, c. 5, s. 21 (36).
Reserve funds, establishment
109. (1) The Regional 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. R.8, s. 109 (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 Regional 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. 85 (6). 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 Regional 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. R.8, s. 109 (3, 4). Temporary Loans
Debt
111. (1) The Regional Council 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 Regional 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. 85 (11). Liability (2) All debentures issued under a by-law passed by the Regional Council under the authority of this Act or a Regional Act are direct, joint and several obligations of the Regional 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 Regional Corporation and of the area municipalities respectively as among themselves. Limitation (3) Despite any general or special Act, no area municipality has power to issue debentures. R.S.O. 1990, c. R.8, s. 111 (2, 3). (4) Repealed: 1998, c. 18, Sched. B, s. 14.
Investment of money
112. (1) Repealed: 1996, c. 32, s. 85 (12). (2) Repealed: 1996, c. 32, s. 85 (12). Investment of money (3) Sections 167.1 and 167.3 of the Municipal Act apply to the Regional Corporation with necessary modifications. 1996, c. 32, s. 85 (13). Deemed credit union (4) The Regional Corporation shall be deemed to be a municipality for the purposes of section 34 of the Credit Unions and Caisses Populaires Act, 1994. 1992, c. 15, s. 75; 1994, c. 11, s. 392.
Concurrence of specified number of members of area council
113. 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 Regional 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 Regional by-law. 1996, c. 32, s. 85 (14).
Borrowing pending issue and sale of debentures
114. (1) When the Regional Corporation has authorized the borrowing of money and the issue of debentures for its purposes, the Regional 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 purposes 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. R.8, s. 114 (1); 1992, c. 15, s. 76 (1). Idem (2) When the Regional Corporation has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the Regional Council or the council of the area municipality pending the issue and sale of the debentures may, and the Regional Council 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 the Regional Council 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. R.8, s. 114 (2); 1992, c. 15, s. 76 (2). Interest on proceeds transferred (3) The Regional 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. 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 129 shall be transferred to the area municipality. Hypothecation not to prevent subsequent sale of debentures (5) Subject to subsection (4) the redemption of a debenture hypothecated does not prevent the subsequent sale thereof. R.S.O. 1990, c. R.8, s. 114 (3-5). 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. 85 (15).
Temporary borrowing
115. (1) Where the Regional Corporation has entered into an agreement under the Ontario Water Resources Act whereby the Regional Corporation is entitled to receive money from the Crown, the Regional Council, pending the receipt of such money may, in order to meet expenditures incurred in carrying out the agreement, agree with a bank or a person for temporary advances from time to time. Application of proceeds (2) The proceeds of every advance under this section shall be applied to the expenditures incurred in carrying out the agreement made by the Regional Corporation under the Ontario Water Resources Act, but the lender shall not be bound to see to the application of the proceeds and, when the Regional Corporation has received the money to which it is entitled from the Crown under the said agreement such money shall be applied first in repayment of the advances. R.S.O. 1990, c. R.8, s. 115.