Definition
36. (1) In this section, “waste” includes ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse, and such other materials as may be designated by by-law of the Regional Council. R.S.O. 1990, c. R.9, s. 36 (1); 1993, c. 20, s. 22 (1). Receiving and disposing of waste by Regional Corporation (2) The Regional Corporation shall provide facilities for the purpose of receiving, dumping and disposing of waste and no area municipality shall provide such facilities. R.S.O. 1990, c. R.9, s. 36 (2). Where consent of Regional Council required (3) No facilities for the receiving, dumping and disposing of waste shall be provided in the Regional Area by any person or by any municipality, as defined in the Municipal Affairs Act, or by any other regional municipality or by a metropolitan municipality or by a local board of a regional or metropolitan municipality without the consent of the Regional Council, which consent may be given upon such terms and conditions, including the payment of such compensation, as may be agreed upon. R.S.O. 1990, c. R.9, s. 36 (3). Appeal to O.M.B. (4) Where the Regional Council refuses its consent under subsection (3), or the applicant therefor and the Regional Council fail to agree on the terms and conditions related to such consent, the applicant may appeal to the Municipal Board who shall hear and determine the matter, and the Board may impose such terms and conditions as the Board considers appropriate and the decision of the Board is final. R.S.O. 1990, c. R.9, s. 36 (4). Powers of Regional Corporation (5) For the purposes of subsection (2), the Regional Corporation may, (a) Repealed: 1993, c. 20, s. 9 (1). (b) Repealed: 1993, c. 20, s. 9 (1). (c) Repealed: 1993, c. 20, s. 9 (1). (d) Repealed: 1993, c. 20, s. 9 (1). (e) Repealed: 1993, c. 20, s. 9 (1). (f) provide standards and regulations for vehicles or any class or classes thereof, used for the haulage of waste to any waste facility located in the Regional Area. R.S.O. 1990, c. R.9, s. 36 (5); 1993, c. 20, s. 9 (1). Powers, etc. (5.1) For the purposes of subsection (2), sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Regional Corporation. 1993, c. 20, s. 9 (2). Designation (5.2) The Regional Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste. 1993, c. 20, s. 9 (2). Restriction (5.3) Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 9 (2). Non-application of refuse disposal control by-law (6) A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the Regional Corporation. R.S.O. 1990, c. R.9, s. 36 (6). Waste facilities, etc., vested in Regional Corporation (7) All waste facilities and lands of a local municipality, to the extent that they were used for the purposes of receiving, dumping and disposing of waste on the 1st day of January, 1974, are vested in the Regional Corporation without compensation. R.S.O. 1990, c. R.9, s. 36 (7). Routes on regional roads (8) The Regional Council may by by-law prescribe one or more routes on specified regional roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in the Regional Area, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.9, s. 36 (8). Routes on area municipality roads (9) Subject to the approval of the Regional Council, the council of an area municipality may by by-law prescribe one or more routes on specified area municipality roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in such area municipality, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.9, s. 36 (9). Payment of outstanding debt (10) The Regional Corporation shall pay to the corporation of any area municipality on or before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property that vested in the Regional Corporation under subsection (7) or a predecessor thereof. R.S.O. 1990, c. R.9, s. 36 (10). Default (11) If the Regional Corporation fails on or before the due date to make any payment required by subsection (10), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, 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.9, s. 36 (11). Settling of doubts by O.M.B. (12) In the event of any doubt as to whether any outstanding debt or portion thereof was incurred in respect of any property vested in the Regional Corporation under this section, the Municipal Board may determine the matter and such determination is final and binding. R.S.O. 1990, c. R.9, s. 36 (12). (13) Repealed: 1993, c. 20, s. 9 (3). Powers of Regional Corporation re manufacture and sale of products, commodities, etc., derived from waste (14) The Regional Corporation may erect, maintain and operate buildings, structures, machinery or equipment for the purposes of recovering, manufacturing, producing, supplying, selling or distributing from domestic or industrial sewage or waste any product, resource, commodity, electrical power or energy, hot water or steam, and for such purposes may, (a) enter into agreements with any person; (b) carry on investigations, experiments, research or development; (c) construct and maintain pipes, apparatus, and equipment on, over, under or across any highway or private property with the consent of the owner of such private property; and (d) acquire any patent or licence or any interest in any patent or licence, or dispose of any patent or licence by sale or otherwise. R.S.O. 1990, c. R.9, s. 36 (14). Municipal Franchises Act (15) The Municipal Franchises Act does not apply to any act of the Regional Corporation under subsection (14). R.S.O. 1990, c. R.9, s. 36 (15).