jswizzle3737/ontario_laws_and_regs huggingface dataset:
Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
117. Despite any other provisions of this Act, (a) a money by-law of the Regional Council may provide that all or a portion of the debentures to be issued thereunder shall be payable on a fixed date, subject to the obligation of the Regional Corporation to redeem by lot annually on each anniversary of the date of such debentures a specified principal amount of such debentures upon payment by the Regional Corporation of such principal amount plus accrued interest to the date of redemption and upon giving notice as provided in this section; interest ceases to accrue on date set for redemption (b) the principal amount of every debenture that is called for redemption shall become due and payable on the date set for the redemption thereof and, after such date, interest ceases to accrue thereon where provision is duly made by the Regional Corporation for the payment of the principal amount thereof; debentures to be redeemed may be purchased (c) the debentures to be redeemed on each anniversary of the date of such debentures shall be selected by lot by the treasurer of the Regional Corporation in such manner as may be prescribed by by-law of the Regional Council and when redeemed shall be cancelled and shall not be reissued, provided always that the principal amount of the debentures to be redeemed in any year may be reduced by the principal amount of any debentures purchased by the Regional Corporation, at a price or prices not exceeding the principal amount thereof, and surrendered for cancellation on the date fixed for redemption; notice to redeem to be sent by mail (d) notice of intention to redeem any debenture shall be sent by prepaid mail at least thirty days prior to the date set for such redemption to the person, if any, in whose name the debenture may be registered at the address shown in the debenture registry; notice to redeem to be published (e) notice of intention to redeem any debenture shall be published at least thirty days prior to the date set for such redemption in such manner as the by-law may provide; where only portion of debentures payable on fixed date (f) where only a portion of the debentures issued under a by-law is payable on a fixed date, the obligation of the Regional Corporation to redeem by lot annually a specified principal amount of such debentures does not apply in any year in which an instalment of principal of the remaining debentures issued under such by-law becomes due and payable; and annual amounts payable to be approximately equal (g) the aggregate amounts of principal and interest, or the amounts of principal, payable in each year during the currency of debentures issued under this section shall be approximately equal. R.S.O. 1990, c. R.8, s. 117; 1992, c. 15, s. 78.
Application
118. Section 141 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.8, s. 118.
Application
119. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the Regional Council. Hypothecation not a sale under this section (2) For the purposes of this section, the hypothecation of debentures under section 114 shall not constitute a sale or other disposal thereof. Consolidation of debentures (3) The Regional 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 assessment 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 Regional Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Regional Council. R.S.O. 1990, c. R.8, s. 119.
Repeal of by-law when part only of money to be raised
120. (1) Where part only of a sum of money provided for by a by-law has been raised, the Regional 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. R.8, s. 120 (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. 85 (31).
Until debt paid certain by-laws cannot be repealed
121. (1) Subject to section 120, after a debt has been contracted under a by-law, the Regional 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 Regional Corporation that has been directed to be applied to such payment. Application of payments (2) When the Regional 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. R.8, s. 121.
Offence for neglect of officer to carry out by-law
122. Any officer of the Regional Corporation whose duty it is to carry into effect any of the provisions of a money by-law of the Regional 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. R.8, s. 122.
Money by-laws may be registered
123. (1) Within four weeks after the passing of a money by-law, the clerk may register a duplicate original or a copy of it, certified under his or her hand and the seal of the Regional Corporation, in the appropriate land registry office. 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. R.8, s. 123 (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 116 (5) have not been substantially complied with. R.S.O. 1990, c. R.8, s. 123 (6); 1996, c. 32, s. 85 (32). Failure to register (7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. R.8, s. 123 (7).
Execution
124. (1) A debenture shall bear, (a) the seal of the Regional Corporation; and (b) the signatures of, (i) the chair, or another person authorized to sign by a by-law of the Regional Council, 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 Regional 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. 85 (33).
Debentures on which payment has been made for one year to be valid
125. 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 Regional Corporation, the by-law and the debentures issued under it are valid and binding upon the Regional Corporation. R.S.O. 1990, c. R.8, s. 125.
Mode of transfer may be prescribed
126. (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 person 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. R.8, s. 126 (1); 1992, c. 15, s. 80 (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, her or its executors or administrators, or of his, her or its 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. R.8, s. 126 (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, her or its executors or administrators or his, her or its 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. R.8, s. 126 (3); 1992, c. 15, s. 80 (2). Registration of debenture (4) A debenture may be registered as to principal and interest, in which case the interest shall be paid by cheque or, if authorized in writing by the owner of the debenture, by electronic transfer and the debenture may be referred to as a fully registered debenture. 1992, c. 15, s. 80 (3). When debenture registry may be maintained outside Canada (5) Where debentures are payable in a currency other than that of Canada, the Regional Council may provide that the debenture registry of the Regional Corporation in respect of such debentures be maintained outside Canada by a corporation or person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the Regional Council considers appropriate. R.S.O. 1990, c. R.8, s. 126 (5); 1992, c. 15, s. 80 (4).
Records storage
126.1 (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 126 (1). 2. Names and addresses of the owners of registered debentures. 3. Particulars of the cancellation and destruction of debentures under subsection 128 (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 126 (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. 81.
Replacement of lost debentures
127. Where a debenture is defaced, lost or destroyed, the Regional 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. R.8, s. 127.
Exchange of debentures
128. (1) On request of the holder of any debenture issued by the Regional Corporation, the treasurer of the Regional 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 Regional Corporation may, as provided in this section, exchange debentures heretofore or hereafter issued by the Regional Corporation. New debentures of same force and effect as debentures surrendered (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. R.8, s. 128    (1-3). Duty of treasurer (4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Regional 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. 85 (34).
Application of proceeds of debentures
129. (1) The money received by the Regional Corporation from the sale or hypothecation of any debentures to the extent that such money is required for the purposes for which the debentures were issued, and for the repayment of any outstanding temporary loans with respect thereto, shall be used only for such purpose or purposes. Idem (2) None of the money received by the Regional Corporation from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the Regional Corporation or an area municipality. R.S.O. 1990, c. R.8, s. 129 (1, 2). Surplus (3) Where on the sale of any debentures an amount is realized in excess of that required for the purpose or purposes for which the debentures were issued, the excess amount shall be applied, (a) if any such debentures are redeemable prior to maturity at the option of the Regional Corporation to redeem one or more of the debentures having the latest maturity date; (b) to reduce the next annual levy on account of principal and interest payable in respect of such debentures; or (c) to reduce the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved by the Regional Corporation, provided that the principal and interest charges of such debentures are levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures with respect to which the excess arose. R.S.O. 1990, c. R.8, s. 129 (3); 1996, c. 32, s. 85 (35). Deficiency (4) Where on the sale of any debentures a deficiency in the amount required for the purpose or purposes for which the debentures were issued is sustained, the amount of such deficiency shall be added to the sum to be raised for the first annual payment of principal and interest in respect of the debentures and the levy made in the first year for such purpose or purposes shall be increased accordingly or shall be raised by the issue of other debentures for the same or any similar purpose or purposes. R.S.O. 1990, c. R.8, s. 129 (4); 1996, c. 32, s. 85 (36).
Use of proceeds of sale of asset acquired from proceeds of sale of debentures
130. Where real or personal property acquired out of money received by the Regional Corporation from the sale or hypothecation of any debentures is disposed of by sale or otherwise, the net proceeds of such disposal shall be applied as an excess in accordance with subsection 129 (3) or may be applied to meet the whole or a portion of any capital expenditure the debt charges for which, if raised by taxation, would be raised by taxation levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures issued in respect of the property disposed of or sold. R.S.O. 1990, c. R.8, s. 130; 1996, c. 32, s. 85 (37).
Tenders for debentures
131. When the Regional Corporation intends to borrow money on debentures under this or any other Act, the Regional Council may prior to the issue thereof call for tenders for the amount of money required and the person tendering shall specify the rate of interest the debentures shall bear when issued at par. R.S.O. 1990, c. R.8, s. 131.
Accounts, how to be kept
132. (1) The Regional Council shall, (a) keep a separate account of every debenture debt; (b) where the whole of a debenture debt is not payable in the current year, keep in respect thereof, (i) an additional account for the interest, if any, and (ii) an additional account for the sinking fund or the instalments of principal, distinguished from all other accounts by a prefix designating the purpose for which the debenture debt was contracted; and (c) keep the accounts so as to exhibit at all times the state of every debt, and the amount of money raised, obtained and appropriated for the payment of it. Consolidated interest account (2) The Regional Council may by by-law provide and direct that instead of a separate account of the interest upon every debt being kept, a consolidated account of the interest upon all debts may be kept, but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of the interest account upon every debt and that provision has been made to meet the interest upon every debt. R.S.O. 1990, c. R.8, s. 132.
Application of surplus money
133. If, in any year after paying the interest and appropriating the necessary sum in payment of the instalments, there is a surplus properly applicable to such debt, it shall so remain until required in due course for the payment of interest or in payment of the principal. R.S.O. 1990, c. R.8, s. 133.
Liability of members
134. (1) If the Regional Council applies any money raised for a special purpose or collected for a sinking fund in paying current or other expenditure, the members who vote for such application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction. Action by ratepayer (2) If the Regional Council, upon the request in writing of a ratepayer of an area municipality, refuses or neglects for one month to bring an action therefor, the action may be brought by any such ratepayer on behalf of that ratepayer and all other ratepayers in the Regional Area. Disqualification (3) The members who vote for such application are disqualified from holding any municipal office for two years. R.S.O. 1990, c. R.8, s. 134.
Refinancing of debentures
135. When, by or under the authority of this Act or a Regional Act, the Regional Corporation is or becomes liable for the payment to an area municipality of all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality, the Regional Corporation may, (a) cancel all such debentures that have not been sold and issue new debentures of the Regional Corporation in substitution and exchange therefor and apply the proceeds for the purposes for which such debentures were issued; (b) arrange with the area municipality for the redemption of all such debentures as are redeemable and issue new debentures of the Regional Corporation to raise the money required for such redemption; and (c) purchase, by agreement with the owner or owners thereof, all such debentures of a single issue of the area municipality, and issue new debentures of the Regional Corporation to raise the money required to complete such purchase. R.S.O. 1990, c. R.8, s. 135; 1996, c. 32, s. 85 (38, 39). PART VIII.1 (ss. 135.1-135.14) Repealed: 1997, c. 5, s. 69. PART IX   GENERAL
Application
136. (1) Sections 5, 75, 76, 82, 83, 88, 90, 91, 92 and 94, subsections 96 (1), (4) and (5), sections 98, 103, 104, 105, 108, 111, 113, 114, 115, 116, 117, 120, 121 and 126, subsection 163 (3), sections 188 and 204, paragraphs 3, 10, 11, 12, 23, 24, 30, 45, 46, 47, 48, 49, 50, 51 and 55 of section 207, subparagraph iii of paragraph 69 and paragraph 131 of section 210, paragraph 10 of section 314 and Parts XIII, XIV, XV and XIX of the Municipal Act apply with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.8, s. 136 (1); 1991, c. 15, s. 33; 1993, c. 27, Sched. Exception (2) Despite subsection (1), (a) subparagraph 69 iii of section 210 does not apply to the regional municipalities of Waterloo and York; (b) paragraph 52 of section 207 applies to The Regional Municipality of York; (c) section 257 applies to The Regional Municipality of Niagara; and (d) for the purpose of exercising powers to pass by-laws licensing businesses under any Act, Part XVII.1 of the Municipal Act applies to the regional municipalities of Niagara, Waterloo and York and the Minister may make regulations under section 257.5 of that Act in relation to those powers. 2000, c. 5, s. 21 (37). Loans re: sewer and water connections (3) Where the Regional Council passes a by-law under subsection 222 (1) of the Municipal Act, the council of any area municipality may exercise the powers contained in subsections (6), (7) and (8) of that section, as if the by-law passed by the Regional Council had been passed by the council of such area municipality. R.S.O. 1990, c. R.8, s. 136 (3). Exception (4) Subsection (3) does not apply to the regional municipalities of Niagara, Waterloo and York. R.S.O. 1990, c. R.8, s. 136 (4); 2000, c. 5, s. 21 (38). Exception (5) Sections 10 and 11 of the Municipal Act do not apply to any area municipality. R.S.O. 1990, c. R.8, s. 136 (5). Deemed municipal corporation (6) The Regional Corporation shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act. R.S.O. 1990, c. R.8, s. 136 (6). Deemed municipality (7) The Regional Corporation shall be deemed to be, and to have always been, a municipality for the purposes of section 311 of the Municipal Act. R.S.O. 1990, c. R.8, s. 136 (7).
Payment of damages to employees
137. Where, in an action or by the settlement of a claim arising out of any injury to an employee including a member of the Regional Police Force, or to any person considered an employee for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the Regional Corporation recovers damages from a third person, such damages or any portion thereof may be paid to such employee or person or, in the event of his or her death, to one or more of his or her dependants upon such terms and conditions as the Regional Corporation may impose. R.S.O. 1990, c. R.8, s. 137; 1997, c. 16, s. 15.
Investigation by judge of charges of malfeasance
138. (1) Where the Regional Council passes a resolution requesting a judge of the Ontario Court (General Division) to investigate any matter relating to a supposed malfeasance, breach of trust or other misconduct on the part of a member of the Regional Council, or an officer or employee of the Regional Corporation, or of any person having a contract with it, in regard to the duties or obligations of the member, officer, employee or other person to the Regional Corporation, or to inquire into or concerning any matter connected with the good government of the Regional Corporation or the conduct of any part of its public business, including any business conducted by a local board of the Regional Corporation, the judge shall make the inquiry and for that purpose has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the inquiry as if it were an inquiry under that Act, and the judge shall, with all convenient speed, report to the Regional Council the result of the inquiry and the evidence taken. Engaging counsel (2) The Regional Council may engage and pay counsel to represent the Regional Corporation and may pay all proper witness fees to persons summoned to give evidence at the instance of the Regional Corporation, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on such investigation or inquiry, may be represented by counsel. Idem (3) The judge may engage counsel and such other assistants and staff and incur such incidental expenses as the judge considers advisable for the proper conduct of the investigation or inquiry, and the Regional Corporation shall pay the costs thereof. R.S.O. 1990, c. R.8, s. 138. 139. Repealed: 1996, c. 32, s. 85 (42).
Idem
139. Repealed: 1996, c. 32, s. 85 (42).
Entry on highways, etc.
140. The Regional Corporation for its purposes may enter, break up, dig and trench in, upon and under the highways, lanes and other public communications of any area municipality and may construct and maintain therein pipes, sewers, drains, conduits and other works necessary for its purposes, without making compensation therefor but all such highways, including any sidewalks thereon, lanes and other public communications shall be restored to their original condition without unnecessary delay. R.S.O. 1990, c. R.8, s. 140.
Agreements re: services
141. The Regional Corporation and any area municipality may enter into agreements for the use within any part of the Regional Area of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary. R.S.O. 1990, c. R.8, s. 141.
Deemed municipality
142. (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the Regional Corporation shall be deemed to be a municipality. Regional Corporation and area municipalities deemed not tenants (2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the Regional Corporation is occupied by an area municipality or where property belonging to an area municipality is occupied by the Regional Corporation or another area municipality, the occupant shall not be considered to be a tenant or lessee, whether rent is paid for such occupation or not. Definitions (3) In subsection (2), “Regional Corporation” and “area municipality” include a local board thereof. R.S.O. 1990, c. R.8, s. 142.
Conditional powers
144. The Lieutenant Governor in Council, upon the recommendation of the Minister, may authorize all such acts or things not specifically provided for in this Act as are considered necessary or advisable to carry out effectively the purposes of this Act or a Regional Act. R.S.O. 1990, c. R.8, s. 144.
Conflict with other Acts
145. The provisions of this Act apply despite the provisions of any general or special Act and, in the event of any conflict between this Act and any general or special Act, this Act prevails. R.S.O. 1990, c. R.8, s. 145.
Municipal buildings
146. (1) The Regional Corporation or an area municipality or the Regional Corporation and one or more area municipalities, (a) may acquire land for the purpose of constructing municipal buildings; and (b) may construct municipal buildings for the use of the Regional Corporation or the Regional Corporation and one or more area municipalities or any local board thereof. Application (2) Section 124 of the Municipal Act applies with necessary modifications to any joint undertaking under this section. R.S.O. 1990, c. R.8, s. 146.
Regional Fire Co-ordinator
147. The Regional Corporation shall appoint a Regional Fire Co-ordinator who shall be responsible for the establishment of an emergency fire service plan and program for the Regional Area, and the Regional Corporation is authorized to expend such sums as it considers necessary to implement such plan and program. R.S.O. 1990, c. R.8, s. 147.
Emergency response services
147.1 The Regional Council and area municipalities may pass by-laws and enter into agreements to establish and operate a centralized communication system either alone or with other persons, municipalities, including regional, district or metropolitan municipalities or the County of Oxford, or local boards to provide emergency response services. 1992, c. 15, s. 84.
Existing speed limits continued
148. (1) Despite the other provisions of this Act, but subject to subsections (2) and (3), for the purposes of section 128 of the Highway Traffic Act the area in the Regional Area that, immediately prior to the day of establishment, formed part of a town, village or township municipality shall be considered to continue to form part of a town, village or township municipality. R.S.O. 1990, c. R.8, s. 148 (1). By-laws of Regional Council and area councils (2) Despite subsection (1), the Regional Council and the council of each area municipality may exercise any of its powers under section 128 of the Highway Traffic Act in respect of highways under its jurisdiction and control. R.S.O. 1990, c. R.8, s. 148 (2). Existing speed limits continued (3) Every by-law passed by the council of a municipality under any provision of section 128 of the Highway Traffic Act that applied, immediately prior to the day of establishment, to any highway or portion thereof within the Regional Area shall continue to apply thereto until a by-law passed by the Regional Council or the council of an area municipality under such section 128 applies thereto. R.S.O. 1990, c. R.8, s. 148 (3). (4) Repealed: 2000, c. 5, s. 21 (39). (5) Repealed: 2000, c. 5, s. 21 (39). PART X   WASTE MANAGEMENT
Definitions
149. In this Part, “municipality” means a municipality as defined in the Municipal Affairs Act, and a metropolitan, regional or district municipality and the County of Oxford or local board of a metropolitan, regional or district municipality or of the County of Oxford; (“municipalité”) “participating area municipality” means an area municipality to which a by-law passed under section 150 applies; (“municipalité de secteur participante”) “waste” means ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse and such other materials as may be designated by by-law passed by the Regional Council; (“déchets”) “waste management power” means any power conferred by any general or special Act on area municipalities or local boards thereof related to the establishment, maintenance and operation of a waste management system as defined in section 208.1 of the Municipal Act. (“pouvoir de gestion des déchets”) 1993, c. 20, s. 5.
By-law re: waste management
150. (1) A Regional Council may pass a by-law to assume any or all of the waste management powers for all of its area municipalities. Consent (2) A Regional Council may, with the consent of the council of an area municipality, by by-law exempt that area municipality from a by-law under subsection (1) but the consent is not required in respect of a repeal of the by-law. Double majority (3) If the members of a Regional Council are directly elected, a by-law shall not be passed or repealed under subsection (1) unless, (a) a majority of all votes on Regional Council are cast in its favour; and (b) a majority of the councils of all of the area municipalities have given their consent by resolution to the passing or repealing of the by-law. Same (4) If the members of a Regional Council are not directly elected, a by-law shall not be passed or repealed under subsection (1) unless, (a) a majority of all the votes on the Regional Council are cast in its favour; and (b) at least one Regional Council representative of each of a majority of the area municipalities, other than the chair, votes in its favour. Interpretation (5) For the purposes of this section, the members of a Regional Council are directly elected if none of the members, other than the chair and heads of council of area municipalities, are also members of the council of an area municipality. 1993, c. 20, s. 5.
Effect of by-law
151. (1) When a by-law passed under section 150 comes into effect, (a) the Regional Corporation has all the powers conferred by any general or special Act upon the participating area municipalities or local boards thereof related to the waste management powers assumed by the Regional Corporation; (b) subject to this section, no municipality under a similar or equivalent power, and no person, shall, within a participating area municipality, provide services or facilities of the type authorized by the waste management powers assumed by the Regional Corporation; (c) the Regional Corporation may give its consent to a person or to a municipality, other than a participating area municipality, to provide such services or facilities, which consent may be given upon such terms, including the payment of compensation, as may be agreed upon; (d) despite clause (c), the Regional Council may give its consent to a participating area municipality to provide services or facilities for the reduction, reuse or recycling of waste which consent may be given upon such terms as may be agreed upon, if, (i) the facility or service was being lawfully provided by the participating area municipality on the effective date of the by-law, or (ii) the facility or service handles waste generated within the participating area municipality only and the Regional Corporation is not, other than for its own use, providing a similar facility or service for any waste generated within the participating area municipality; (e) a person may, without the consent of the Regional Council, provide services and facilities for the collection or removal of waste from non-residential properties and residential properties containing more than five dwelling units. Limitation (2) Subsection (1) does not apply to prevent any person or municipality which does not form part of the Regional Corporation for municipal purposes or which is not a participating area municipality from providing a waste management service or facility if that waste management service or facility was being lawfully provided on the effective date of the by-law, so long as that waste management service or facility continues to be used for that purpose. 1993, c. 20, s. 5.
Appeal to O.M.B.
152. (1) If consent is refused under subsection 151 (1), or the applicant and the Regional Council fail to agree on the terms related to the consent, the applicant may appeal to the Municipal Board which shall hear and determine the matter. Decision final (2) The Municipal Board may impose such conditions as it considers appropriate and the decision of the Municipal Board is final. No further appeal (3) Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (2). 1993, c. 20, s. 5.
Transfer of assets, liabilities
153. (1) All rights and obligations and all assets and liabilities of a participating area municipality or local board thereof pertaining to or primarily used in connection with the waste management powers assumed by the Regional Corporation are vested in the Regional Corporation. Assumption of certain debts (2) The Regional Corporation shall pay to the participating area municipality or local board thereof on or before the due date all amounts of principal and interest becoming due upon any outstanding debt of that participating area municipality or local board in respect of the waste management powers assumed by the Regional Corporation. Interest (3) If the Regional Corporation fails to make any payment required under subsection (2) on or before the due date, the participating area municipality or local board may charge the Regional Corporation interest at the annual rate of 15 per cent, or such lower rate as the area municipality or local board determines, from such date until payment is made. Transfer of agreements (4) If a participating area municipality or local board thereof had entered into an agreement with another person or municipality in respect of the waste management power assumed by the Regional Corporation, the Regional Corporation shall be bound by the agreement and the participating area municipality or local board thereof is relieved of all liability under the agreement. Non-application (5) This section does not apply with respect to a facility or service under subclause 151 (1) (d) (i), (a) in the case of a by-law assuming power under section 150 to provide that facility or service, where Regional Council in the by-law gives its consent to an area municipality to provide that facility or service; and (b) in the case of a deemed by-law under section 160, where the Regional Council on or before January 1, 1997 gives its consent to an area municipality to provide that facility or service. 1993, c. 20, s. 5.
Agreements re: waste management
154. The Regional Council may enter into agreements with any person or municipality for establishing, constructing, operating or managing, at their joint expense and for their joint benefit, any waste management service or facility that is within the jurisdiction of the Regional Council as a result of the passage of the by-law under section 150. 1993, c. 20, s. 5.
Collection of waste management rates
155. (1) Despite any Act, the council of a Regional Corporation may by by-law provide for imposing on and collecting from participating area municipalities for which it is providing waste management services or facilities, a waste management rate sufficient to pay the whole or such portion as the by-law may specify of the capital costs including debenture charges and expenditures for the establishment, maintenance and operation of the waste management services or facilities. Method (2) The rate may vary based on the volume, weight or class of waste or on any other basis the council considers appropriate and specifies in the by-law. Debt to Regional Corporation (3) All rates under subsection (1) constitute a debt of the participating area municipality to the Regional Corporation and are payable at such times and in such amounts as may be specified by by-law of the Regional Council. Payment and collection (4) Despite sections 369 and 374 of the Municipal Act, the participating area municipality may, (a) pay the whole or part of the amount chargeable to it under this section out of its general funds; (b) pass by-laws for imposing a rate sufficient to recover the whole or part of the amount chargeable to it under this section in the same manner as by-laws under section 208.5 and clause 208.6 (2) (b) of the Municipal Act; and (c) include the whole or any part of an amount chargeable to it under this section as part of the cost of an urban service within an urban service area established in the participating area municipality under any general or special Act. 1993, c. 20, s. 5.
Designation
156. (1) If under a by-law passed under section 150, a Regional Corporation assumed the responsibility for providing services or facilities for a part of a waste management system, the Regional Council may, for each participating area municipality, designate one or more of the services or facilities for the management of waste or any class of waste. Restriction (2) Where a designation has been made, a participating area municipality shall not utilize any services or facilities except the services or facilities that have been so designated for that area municipality. 1993, c. 20, s. 5.
Dispute resolution
157. (1) If a dispute arises in respect of the vesting of assets, including a reserve fund, or the transfer of agreements under section 153, the Regional Corporation, participating area municipality or local board affected may, by notice in writing to the other affected parties, require the dispute be determined by an arbitrator agreed on by the affected parties. Decision final (2) The decision of the arbitrator is final. 1993, c. 20, s. 5.
Regulations
158. (1) The Minister of Municipal Affairs may make regulations defining employee and retired employee and providing for the security of employment and the protection of benefits of employees and retired employees affected by by-laws passed or repealed under this section. Dispute (2) If a dispute arises as to whether a regulation under subsection (1) is being properly applied in any particular case, the Regional Corporation, an employee, a retired employee or a bargaining agent may, by notice in writing to the other affected parties, require the dispute be determined by an arbitrator agreed on by the affected parties. Decision final (3) The decision of the arbitrator is final. 1993, c. 20, s. 5.
Appointment by Minister
159. If the affected parties cannot agree on an arbitrator within thirty days of notice being given under subsection 157 (1) or 158 (2), the Minister may appoint the arbitrator. 1993, c. 20, s. 5.
Waste reduction power
160. (1) In this section, “waste reduction power” means a power conferred by any general or special Act on area municipalities or local boards thereof related to the reuse, reduction or recycling of waste, except the power to collect waste for such purposes. Deemed assumption of powers (2) On the 1st day of January, 1997, a Regional Council shall be deemed to have passed a by-law under section 150 to assume the waste reduction powers from all of its area municipalities effective on that date. Earlier assumption (3) Nothing in subsection (2) prevents a Regional Corporation from passing a by-law assuming all or any part of the waste reduction powers before the 1st day of January, 1997. No repeal (4) A Regional Council shall not repeal a deemed by-law under subsection (2). Niagara excluded (5) This section does not apply to The Regional Municipality of Niagara. 1993, c. 20, s. 5. FORM 1 (Section 7 (4)) Oath of Allegiance I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II (or the reigning sovereign for the time being). Sworn before me, etc. (Delete if affirmed) R.S.O. 1990, c. R.8, Form 1. FORM 2 (Section 7 (4)) Declaration of Qualification by Chair I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................. declare that: 1. I am a Canadian citizen. 2. I am of the full age of eighteen years. 3. I am not an officer or employee of any area municipality or local board of any area municipality. 4. I have taken the oath of allegiance (Form 1) which I attach hereto. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français
Niagara excluded
I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II (or the reigning sovereign for the time being). Sworn before me, etc. (Delete if affirmed) R.S.O. 1990, c. R.8, Form 1. FORM 2 (Section 7 (4)) Declaration of Qualification by Chair I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................. declare that: 1. I am a Canadian citizen. 2. I am of the full age of eighteen years. 3. I am not an officer or employee of any area municipality or local board of any area municipality. 4. I have taken the oath of allegiance (Form 1) which I attach hereto. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français
Niagara excluded
Sworn before me, etc. (Delete if affirmed) R.S.O. 1990, c. R.8, Form 1. FORM 2 (Section 7 (4)) Declaration of Qualification by Chair I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................. declare that: 1. I am a Canadian citizen. 2. I am of the full age of eighteen years. 3. I am not an officer or employee of any area municipality or local board of any area municipality. 4. I have taken the oath of allegiance (Form 1) which I attach hereto. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français
Niagara excluded
I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................. declare that: 1. I am a Canadian citizen. 2. I am of the full age of eighteen years. 3. I am not an officer or employee of any area municipality or local board of any area municipality. 4. I have taken the oath of allegiance (Form 1) which I attach hereto. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français
Niagara excluded
And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français
Niagara excluded
Declared before me, etc. R.S.O. 1990, c. R.8, Form 2. ______________ Français