jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “area municipality” means the municipality or corporation of the City of Burlington, the Town of Oakville, the Town of Milton and the Town of Halton Hills; (“municipalité de secteur”) “chair” means the chair of the Regional Council; (“président”) “debt” includes any obligation for the payment of money; (“dette”) “highway” and “road” mean a common and public highway or any part thereof, and include a street, bridge, and any other structure incidental thereto or any part thereof; (“voie publique”, “route”) “land” includes lands, tenements and hereditaments and any estate or interest therein, and any right or easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”) “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of the Regional Corporation or of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”) “local municipality” means any local municipality or portion thereof that became an area municipality or portion thereof upon the constitution of the Regional Corporation; (“municipalité locale”) “merged area” means a local municipality that was amalgamated with another local municipality or a part of a local municipality that was annexed to a local municipality to constitute an area municipality or a portion of a local municipality constituted as an area municipality or the local municipality to which such part was annexed; (“secteur fusionné”) “Minister” means the Minister of Municipal Affairs; (“ministre”) “Ministry” means the Ministry of Municipal Affairs; (“ministère”) “Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”) “Regional Area” means the area from time to time included within the area municipalities; (“secteur régional”) “Regional Corporation” means The Regional Municipality of Halton; (“Municipalité régionale”) “Regional Council” means the council of the Regional Corporation; (“conseil régional”) “regional road” means a road forming part of the regional road system continued under Part III of the Regional Municipalities Act. (“route régionale”) R.S.O. 1990, c. R.11, s. 1. PART I   AREA MUNICIPALITIES
Area municipalities continued
2. The area municipalities are continued with the same name, status and boundaries as they had on the 31st day of December, 1990. R.S.O. 1990, c. R.11, s. 2.
Deemed vacancy
3. (1) Repealed: 1996, c. 32, s. 88 (1). Failure to take office (2) In the event that any person elected to any municipal office in the Regional Area cannot for any reason take office, a vacancy shall be deemed to have occurred in such office and sections 45 and 46 of the Municipal Act apply with necessary modifications. R.S.O. 1990, c. R.11, s. 3 (2).
No Board of Control
4. No area municipality shall have a Board of Control. R.S.O. 1990, c. R.11, s. 4. PART II   INCORPORATION AND COUNCIL OF REGIONAL AREA
Regional Corporation continued
5. (1) The inhabitants of the Regional Area are continued as a body corporate under the name of The Regional Municipality of Halton in English and under the name Municipalité régionale de Halton in French. R.S.O. 1990, c. R.11, s. 5 (1). Deemed municipality (2) The Regional Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act. R.S.O. 1990, c. R.11, s. 5 (2). Registry boundaries (3) Nothing in this Act shall be deemed to alter the boundaries of any registry or land titles division. R.S.O. 1990, c. R.11, s. 5 (3).
Composition of Regional Council
6. The Regional Council shall consist of 21 members composed of a chair elected by general vote of the electors of all the area municipalities and, (a) the mayor of each area municipality; (b) six members of council from the City of Burlington, elected by wards as members of the Regional Council and the council of such area municipality; (c) six members of council from the Town of Oakville, elected by wards as members of the Regional Council and the council of such area municipality; (d) two members of council from the Town of Milton, elected by wards as members of the Regional Council and the council of such area municipality; (e) two members of council from the Town of Halton Hills, elected by wards as members of the Regional Council and the council of such area municipality. R.S.O. 1990, c. R.11, s. 6; 1996, c. 32, s. 88 (2); 1999, c. 14, Sched. F, s. 10 (1).
Quorum, voting
7. (1) Thirteen members of the Regional Council representing three area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. R.S.O. 1990, c. R.11, s. 7 (1). One vote (2) Each member of the Regional Council has one vote. 2000, c. 5, s. 22. (3) Repealed: 2000, c. 5, s. 22. Quorum if size and composition changed (4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum. 1996, c. 32, s. 88 (3). By-law re quorum (5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 88 (3).
Qualifications of chair
7.1 (1) A person is qualified to hold office as chair of the Regional Council if, (a) the person is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of an area municipality; and (b) the person is not disqualified by this or any other Act from holding the office of chair. 1999, c. 14, Sched. F, s. 10 (2). Nominations for chair (2) Nominations for chair shall be filed with the clerk of the Regional Corporation who shall send the names to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations. 1999, c. 14, Sched. F, s. 10 (2). Election of chair (3) The clerk of the Regional Corporation is responsible for conducting the election of the chair except that the clerk of each area municipality is responsible for recording the vote in the area municipality. 1999, c. 14, Sched. F, s. 10 (2). Result of vote (4) The clerk of the area municipality shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote. 1999, c. 14, Sched. F, s. 10 (2). Regulations (5) Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the elections of the chair and the members of the Regional Council and the councils of the area municipalities. 1999, c. 14, Sched. F, s. 10 (2). Conflicts (6) If there is a conflict between a regulation made under subsection (5) and any provision of this Act or the Municipal Elections Act, 1996, the regulation prevails. 1999, c. 14, Sched. F, s. 10 (2). Regular election in 2000 (7) The regular election in 2000 shall be conducted as if the following provisions were in force: 1. Section 6, as amended by subsection 10 (1) of Schedule F to the Fewer Municipal Politicians Act, 1999. 2. Subsection (1) of this section. 3. The regulations made under subsection (5) of this section. 1999, c. 14, Sched. F, s. 10 (2). (8) Spent: R.S.O. 1990, c. R.11, s. 7.1 (8). See: 1999, c. 14, Sched. F, s. 10 (2).
Vacancies
7.2 (1) If a vacancy occurs in the office of chair of the Regional Council, sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though that office were the office of mayor. 1999, c. 14, Sched. F, s. 10 (3). Deemed resignation (2) If a member of the council of an area municipality becomes chair as a result of a vacancy being filled, that person shall be deemed to have resigned as a member of the council and the person’s seat on the council thereby becomes vacant. 1999, c. 14, Sched. F, s. 10 (3). PART III   MUNICIPAL HYDRO-ELECTRIC SERVICE
Definitions
8. In this Part, “commission” means a hydro-electric commission continued under section 9; (“commission”) “municipal commission” means a hydro-electric commission or public utilities commission entrusted with the control and management of works for the retail distribution and supply of power in the Regional Area immediately before the 22nd day of June, 1979 and established or deemed to be established under Part III of the Public Utilities Act; (“commission municipale”) “power” means electrical power and includes electrical energy; (“électricité”) “retail”, when used in relation to the distribution and supply of power, refers to the distribution and supply of power at voltages less than 50 kilovolts, but does not refer to works located within a transformer station that transform power from voltages greater than 50 kilovolts to voltages less than 50 kilovolts. (“détail”) R.S.O. 1990, c. R.11, s. 8.
Commissions continued
9. (1) The hydro-electric commission for each of the towns of Halton Hills, Milton and Oakville and the City of Burlington established by The Halton Municipal Hydro-Electric Service Act, 1979, being chapter 70, is continued. R.S.O. 1990, c. R.11, s. 9 (1). Deemed commission, etc. (2) Each commission shall be deemed to be a commission established under Part III of the Public Utilities Act. R.S.O. 1990, c. R.11, s. 9 (2); 1998, c. 15, Sched. E, s. 35 (1). Names of commissions (3) Each commission shall be known by the name set out below that relates to the area municipality in respect of which the commission is continued: 1. Burlington Hydro-Electric Commission in English and Commission hydroélectrique de Burlington in French. 2. Halton Hills Hydro-Electric Commission in English and Commission hydroélectrique de Halton Hills in French. 3. Milton Hydro-Electric Commission in English and Commission hydroélectrique de Milton in French. 4. Oakville Hydro-Electric Commission in English and Commission hydroélectrique d’Oakville in French. R.S.O. 1990, c. R.11, s. 9 (3). Composition (4) Each commission shall consist of the mayor of the area municipality in respect of which the commission is continued and four additional members who are qualified electors under the Municipal Elections Act in the area municipality. R.S.O. 1990, c. R.11, s. 9 (4). Additional members of commissions (5) The additional members of each commission shall be elected by a general vote of the electors of the area municipality served by the commission, unless before the 1st day of July, 1980 the council of the area municipality has provided by by-law that the additional members shall be elected by wards or appointed by the council. R.S.O. 1990, c. R.11, s. 9 (5). Eligibility of members of council (6) Members of the council of the area municipality served by a commission may be members of the commission, but the members of the council shall not form a majority of the commission. R.S.O. 1990, c. R.11, s. 9 (6). Term of office (7) A member of a commission shall hold office for the same term as the members of council or until his or her successor is elected or appointed. R.S.O. 1990, c. R.11, s. 9 (7). Delegates (8) The council of an area municipality served by a commission may, by by-law passed with the written consent of the mayor, appoint a delegate from among the members of the council to represent the mayor on the commission. R.S.O. 1990, c. R.11, s. 9 (8). Resignations (9) A resignation from the council of an area municipality of a member of the council who is a member of a commission shall be deemed to be a resignation from both the council and the commission. R.S.O. 1990, c. R.11, s. 9 (9).
Powers of commissions
10. (1) Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation in respect of power shall be exercised on behalf of each area municipality by the commission continued in respect of the area municipality and not by the council of any municipality or any other person. R.S.O. 1990, c. R.11, s. 10 (1). (2) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (3) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (4) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (4.1) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (5) Repealed: 1998, c. 15, Sched. E, s. 35 (3). (6) Repealed: 1998, c. 15, Sched. E, s. 35 (3). (7) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (8) Repealed: R.S.O. 1990, c. R.11, s. 10 (9). See: 1998, c. 15, Sched. E, s. 35 (4). (9) Spent: 1998, c. 15, Sched. E, s. 35 (4).
Real property held in trust
11. (1) All real property under the control and management of a commission shall be held by the commission in trust for the area municipality served by the commission. R.S.O. 1990, c. R.11, s. 11 (1). Disposition of real property (2) Where a commission is of the opinion, and so declares by resolution, that any real property under its control and management is not required for its purposes, unless otherwise agreed upon by the commission and the area municipality served by the commission, the real property may be disposed of as follows: 1. In the event that the area municipality served by the commission wishes in good faith to use the real property for a municipal purpose, it shall compensate the commission for the real property at its actual cost, less accrued depreciation as shown on the books of the commission or the assessed value of the real property, whichever is the greater, and when the municipality in good faith no longer wishes to use the real property for a municipal purpose, the area municipality may sell, lease or otherwise dispose of the real property and may retain the proceeds of the sale, lease or disposition as municipal funds. 2. In the event that the municipality served by the commission does not wish to use the real property in accordance with paragraph 1, the commission shall, as soon as practicable, sell, lease or otherwise dispose of the real property at fair market value on behalf of the municipality and the net proceeds derived from the sale, lease or other disposition of the real property or the compensation paid therefor under this subsection shall be received by the commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. R.11, s. 11 (2); 1998, c. 15, Sched. E, s. 35 (5).
Borrowing
12. Except as otherwise provided in this Part, sections 111 to 135 of the Regional Municipalities Act apply with necessary modifications to any borrowing for the purposes of a commission. R.S.O. 1990, c. R.11, s. 12. PART IV   HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
13. The Regional Corporation shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act and the Private Hospitals Act respecting hospitalization and burial of indigent persons and their dependants, and no area municipality has any liability under such provisions. R.S.O. 1990, c. R.11, s. 13.
Responsibility of Regional Corporation re hospital aid
14. (1) The Regional Corporation shall pay to any area municipality, on or before the due date, all amounts of principal and interest becoming due upon any outstanding indebtedness of the area municipality in respect of aid granted by a local municipality prior to the 1st day of January, 1974, for the construction, erection, establishment, acquisition, maintenance, equipping and carrying on of the business of public hospitals including municipal hospitals and other health care facilities in the Regional Area, and, if the Regional Corporation fails to pay such amounts before the due date, 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.11, s. 14 (1). Hospital costs form part of regional levy (2) Despite any general or special Act, payments made under this section shall form part of the levy under section 26. R.S.O. 1990, c. R.11, s. 14 (2).
Regional Corporation board of health
15. The Regional Corporation has all the powers, rights and duties of a board of health under the Health Protection and Promotion Act. R.S.O. 1990, c. R.11, s. 15.
Regional Corporation deemed city under certain Acts
16. (1) For the purposes of the following Acts, the Regional Corporation shall be deemed to be a city and no area municipality shall be deemed to be a municipality: 1. Anatomy Act. 2. Mental Hospitals Act. 3. War Veterans Burial Act. R.S.O. 1990, c. R.11, s. 16 (1). Regional Corporation deemed county under certain Acts (2) For the purposes of the following Acts, the Regional Corporation shall be deemed to be a county and no area municipality shall be deemed to be a municipality: 1. Day Nurseries Act. 2. General Welfare Assistance Act. 3. Homemakers and Nurses Services Act. R.S.O. 1990, c. R.11, s. 16 (2).
Liability for homes for aged
17. The Regional Corporation shall be deemed to be a county for the purposes of the Homes for the Aged and Rest Homes Act, and no area municipality has any authority as to the establishment, erection and maintenance of a home for the aged under such Act. R.S.O. 1990, c. R.11, s. 17.
Where Regional Corporation deemed municipality
18. Despite the definition of “municipality” in section 1 of the Elderly Persons Centres Act, the Regional Corporation shall be deemed to be a municipality for the purposes of such Act. R.S.O. 1990, c. R.11, s. 18.
Where area municipality not municipality
19. No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act. R.S.O. 1990, c. R.11, s. 19.
Information
20. Every area municipality and every officer or employee thereof shall, at the request of the officers of the Regional Corporation who are responsible for the administration of the Acts referred to in this Part, furnish forthwith to such officers any information they may require for the purposes of this Act. R.S.O. 1990, c. R.11, s. 20.
Adjustments
21. In the event that there is any doubt as to whether the Regional Corporation is liable under this Part in respect of the liabilities imposed herein, the matter may be settled by agreement between the municipalities concerned or, failing agreement, may be determined by the Municipal Board. R.S.O. 1990, c. R.11, s. 21.
Powers re facilities
22. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility. 2001, c. 13, s. 25. Same (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which Part III of the Corporations Act applies; or (b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 25. PART V (ss. 23-30) Repealed: 1997, c. 5, s. 71. PART VI   GENERAL
Public transportation systems, refuse disposal, entertainment expenses, etc.
31. (1) The Regional Corporation shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210, and section 257 of the Municipal Act applies with necessary modifications. R.S.O. 1990, c. R.11, s. 31 (1); 1993, c. 27, Sched. Delegation of approval (2) Despite any other provision in this Act, the Regional Council may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 28 (2) of the Regional Municipalities Act and any such by-law may prescribe terms and conditions under which any such approval or consent may be granted. R.S.O. 1990, c. R.11, s. 31 (2). Vesting of transportation system assets in Regional Corporation (3) In the event that the Regional Corporation establishes a transportation system in accordance with the provisions of subsection (1), no area municipality shall operate such a system and all the assets and liabilities of any area municipality used for a public transportation system vest in the Regional Corporation on the day such regional transportation system is established, without compensation, and 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 any such assets. R.S.O. 1990, c. R.11, s. 31 (3). Default (4) If the Regional Corporation fails, on or before the due date, to make any payment required by subsection (3), 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.11, s. 31 (4).
Expenditures for diffusing information
32. (1) The Regional Corporation may make expenditures for the purpose of diffusing information respecting the advantages of the Regional Municipality as an industrial, business, educational, residential or vacation centre. R.S.O. 1990, c. R.11, s. 32 (1). Industrial sites; publicity expenditures (2) Paragraph 57 of section 210 and paragraph 22 of section 207 of the Municipal Act apply with necessary modifications to the Regional Corporation, and, subject to subsection (3), no area municipality shall exercise any such powers, except in respect of those lands acquired or held by a local municipality on or before the 31st day of December, 1973. R.S.O. 1990, c. R.11, s. 32 (2). Delegation of authority (3) The Regional Council may authorize, for such period and on such terms and conditions as the Regional Council considers desirable, the council of an area municipality to exercise the powers conferred on the council of a municipality by paragraph 22 of section 207 of the Municipal Act. R.S.O. 1990, c. R.11, s. 32 (3).
Acquisition of lands for Children’s Aid Society
33. The Regional Corporation may acquire land and may acquire, renovate or construct buildings for the use of The Children’s Aid Society of The Regional Municipality of Halton and may lease land and any buildings so acquired, renovated or constructed to The Children’s Aid Society of The Regional Municipality of Halton. R.S.O. 1990, c. R.11, s. 33.
Agreement successor rights
35. Where any agreement has been entered into by a local municipality, providing the terms thereof are not inconsistent with this Act, the Regional Corporation or the appropriate area municipality shall on and after the 1st day of January, 1974, be deemed to stand in the place and stead of such local municipality in so far as the agreement pertains to the functions of the Regional Corporation or area municipality. R.S.O. 1990, c. R.11, s. 35.
Council deemed recreation committee, etc.
36. The council of an area municipality shall be deemed to be a recreation committee under the Ministry of Tourism and Recreation Act and the regulations thereunder, and a board of a community recreation centre under the Community Recreation Centres Act. R.S.O. 1990, c. R.11, s. 36.
Acquiring land for parks, etc.
37. (1) The Regional Council may pass by-laws for acquiring land for and establishing, laying out and improving and maintaining public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives in the Regional Area and for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act. R.S.O. 1990, c. R.11, s. 37 (1). Sale of spirituous, etc., liquors in parks (2) In addition to the powers that may be exercised under subsection (1), the Regional Council has power to let from year to year, or for any time not exceeding ten years, the right to sell, subject to the Liquor Licence Act, and the regulations made thereunder, spirituous, fermented or intoxicating liquors within regional parks under such regulations as the Regional Council may prescribe. R.S.O. 1990, c. R.11, s. 37 (2). Joint acquisition of parks (3) Paragraph 52 of section 207 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.11, s. 37 (3). Application of certain Acts (4) The Regional Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act and the Community Recreation Centres Act. R.S.O. 1990, c. R.11, s. 37 (4). Public lands owned by conservation authority (5) Where, under an agreement with any conservation authority, lands vested in the conservation authority are managed and controlled by the Regional Corporation, the Regional Corporation may, (a) exercise all or any of the powers conferred on it under subsection (1) in respect of such lands; (b) lay out, construct and maintain roads on such lands and, with the consent of the area municipality in which such lands, or any part thereof, are situate, assume the maintenance of existing roads on such lands, or any part thereof; (c) subject to the Highway Traffic Act, regulate traffic on such roads and prescribe the rate of speed for motor vehicles driven on such roads in accordance with subsection 128 (4) of the Highway Traffic Act. R.S.O. 1990, c. R.11, s. 37 (5). Payment in lieu of taxes (6) The Regional Council may agree to pay annually to the area municipality in which any land used for the purposes set out in subsection (1) is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation. R.S.O. 1990, c. R.11, s. 37 (6). 38. Repealed: 1997, c. 31, s. 172.
Payment in lieu of taxes
38. Repealed: 1997, c. 31, s. 172.
Public library boards
39. Despite the Public Libraries Act, the Minister may by order provide for the establishment of a public library board in any area municipality and for the transfer of any assets and liabilities of any former public library board to such new board. R.S.O. 1990, c. R.11, s. 39.
Power of city in Regional Area to pass by-laws
40. The council of the City of Burlington may pass any by-law that a police services board of a city is authorized to pass under the Municipal Act. R.S.O. 1990, c. R.11, s. 40.
Application of Regional Municipalities Act
41. Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Halton as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.11, s. 41. ______________ Français