jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1.In this Act, “area municipality” means the municipality or corporation of the Township of Cumberland, the City of Gloucester, the Township of Goulbourn, the City of Kanata, the City of Nepean, the Township of Osgoode, the City of Ottawa, the Township of Rideau, the Village of Rockcliffe Park, the City of Vanier or the Township of West Carleton; (“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 other 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 ward” means a ward established for electing a member to the council of an area municipality; (“quartier local”) “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 Ottawa-Carleton; (“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”) “regional ward” means a ward established for electing a regional councillor to the Regional Council. (“quartier régional”) R.S.O. 1990, c. R.14, s. 1; 1994, c. 1, s. 1. PART I   INCORPORATION AND COUNCIL OF REGIONAL AREA
Regional Corporation continued
2.(1)The inhabitants of the Regional Area are continued as a body corporate under the name of The Regional Municipality of Ottawa-Carleton in English and under the name Municipalité régionale d’Ottawa-Carleton in French. 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.14, s. 2. 3.REPEALED: 1996, c. 32, s. 91 (1).
Deemed municipality
3.REPEALED: 1996, c. 32, s. 91 (1).
No board of control
4.An area municipality shall not have a board of control. 1994, c. 1, s. 2. 5.(1)REPEALED: 1996, c. 32, s. 91 (2). Restrictions after polling day (2)Section 107 of the Municipal Act applies with necessary modifications to the Regional Council. 1994, c. 1, s. 2.
No board of control
5.(1)REPEALED: 1996, c. 32, s. 91 (2). Restrictions after polling day (2)Section 107 of the Municipal Act applies with necessary modifications to the Regional Council. 1994, c. 1, s. 2.
Election to Regional Council
6.(1)Except as otherwise provided in this Part, the elections to the office of chair and of regional councillor shall be conducted in accordance with the Municipal Elections Act to be held concurrently with the regular election in the area municipalities. 1994, c. 1, s. 2. Qualifications (2)A person is qualified to hold office as chair or as a regional councillor of the Regional Council, (a) if 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) if the person is not disqualified by this or any other Act from holding the office of chair or regional council, as the case may be. 1994, c. 1, s. 2; 1996, c. 32, s. 91 (3). Restriction (3)Section 40 of the Municipal Act applies with necessary modifications to the Regional Council. 1994, c. 1, s. 2.
Election of chair
7.(1)For the purposes of the election of the chair of the Regional Council, (a) the clerk of the Regional Corporation is the returning officer; (b) nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of each other area municipality by registered mail within forty-eight hours after the closing of nominations; (c) despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and 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. Election of regional councillor (2)For the purposes of the election of a regional councillor in a regional ward, (a) the clerk of the Regional Corporation is the returning officer; (b) nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of each area municipality in which any part of the regional ward is situated by registered mail within forty-eight hours after the closing of nominations; (c) despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and 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. First meeting (3)Despite any other Act, the first meeting of the Regional Council after a regular election shall be held not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. Oath (4)Every member of the Regional Council, before taking his or her seat, shall take an oath of allegiance in Form 1 of the Municipal Act and make a declaration of office in Form 3 of the Municipal Act using either the English or the French version of those forms. Regulation (5)Despite this Act or the Municipal Elections Act, 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 regional councillors. Conflicts (6)In the event of a conflict between a regulation made under subsection (5) and this Act or the Municipal Elections Act, the regulation prevails. 1994, c. 1, s. 2.
Quorum
8.(1)A majority of the members constituting the Regional Council is necessary to form a quorum and the concurring votes of a majority of the members present at any meeting are necessary to carry any resolution or other measure. One vote (2)Each member of the Regional Council has one vote. 1994, c. 1, s. 2. Quorum if size and composition changed (3)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. By-law re quorum (4)Despite subsection (3), 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. 91 (4).
By-law re wards
8.1(1)The Regional Council may pass a by-law dividing or redividing the Regional Area into wards. Notice and meeting (2)Before passing a by-law under subsection (1) the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. Criteria (3)The Regional Council shall have regard to the prescribed criteria for establishing ward boundaries. Regulations (4)The Minister may, by regulation, establish criteria for the purpose of subsection (3). Effective date (5)A by-law passed under this section or an order made under this or any other Act dividing the Regional Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act. Appeals (6)Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1). Petitions (7)Section 13.2 of the Municipal Act applies to the Regional Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards. Transition, 1997 regular election (8)Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996, a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election. Existing proceedings continued (9)An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 91 (4) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it read on the day before the coming into force of that subsection. Existing wards continued (10)Until a by-law passed under this section comes into force, the wards existing on the day before the coming into force of subsection 91 (4) of the Better Local Government Act, 1996 are unaffected. 1996, c. 32, s. 91 (5).
Notice of inquiry by Minister
8.2(1)If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the Regional Corporation, the Minister may give the Municipal Board a written notice of the inquiry. Stay of proceeding before Municipal Board (2)When the Municipal Board receives the Minister’s notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued: 1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act. 2. An appeal of a by-law of the Regional Council passed under subsection 8.1 (1) of this Act. 3. A petition under section 13.2 of the Municipal Act relating to an area municipality or to the Regional Area. 1996, c. 32, s. 91 (5). 8.3REPEALED: 1996, c. 32, s. 91 (5).
Stay of proceeding before Municipal Board
8.3REPEALED: 1996, c. 32, s. 91 (5).
Vacancies
8.4(1)If a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is the chair or a regional councillor, (a) the Regional Council shall appoint a person to fill that vacancy, and sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though those offices were the offices of mayor and councillor, respectively; or (b) the clerks of the Regional Corporation and the affected area municipalities shall hold an election to fill the vacancy and sections 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy. 1994, c. 1, s. 2; 1996, c. 32, s. 91 (6). Method determined by by-law (2)The Regional Council shall by by-law determine whether clause (1) (a) or (b) is to apply. 1994, c. 1, s. 2. Late vacancies (3)If a vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is the chair or a regional councillor, the Regional Council shall fill the vacancy in accordance with clause (1) (a). 1994, c. 1, s. 2; 1996, c. 32, s. 91 (7). Expenses (4)The Regional Corporation shall pay all reasonable expenses incurred by area municipalities with respect to the election under clause (1) (b). 1994, c. 1, s. 2.
Executive committee
8.5(1)The Regional Council may establish an executive committee and assign to it such duties as it considers expedient. Chair of committee (2)The chair of the Regional Council shall be the chair of the executive committee. 1994, c. 1, s. 2.
Partial disability benefits
9.(1)Despite subsections 98 (1) and (5) of the Municipal Act, the Regional Council may grant an annual retirement allowance payable weekly, monthly or otherwise, to an employee during his or her life who has had continuous service for at least ten years with the Regional Corporation, or with the Regional Corporation and any other municipality or local board as defined in the Municipal Affairs Act, or any two or more of them, and who, while in the service of the Regional Corporation, has become incapable through illness or otherwise of efficiently discharging his or her duties, provided that no retirement allowance together with the amount of any pension payments payable to the employee in any year under a pension plan of the Regional Corporation or any local board shall exceed the amount of any retirement allowance to which any such employee would be entitled if the employee were a member of the City of Ottawa Superannuation Fund. R.S.O. 1990, c. R.14, s. 9 (1). Annual retirement allowance (2)Where the Regional Council grants an annual retirement allowance to an employee under subsection (1), the by-law may include provision for continuing the allowance to the surviving spouse or same-sex partner, if any, during his or her life in an amount not exceeding one-half of the annual allowance payable to the employee. R.S.O. 1990, c. R.14, s. 9 (2); 1999, c. 6, s. 58. Disability insurance (3)The Regional Council may enact by-laws for providing by contract with an insurer, licensed under the Insurance Act, disability insurance for employees or any class thereof, and for paying all or part of the cost thereof. Definition (4)In subsections (1) and (2), “employee” has the same meaning as in paragraph 46 of section 207 of the Municipal Act, but does not include an employee who is a member of the City of Ottawa Superannuation Fund. R.S.O. 1990, c. R.14, s. 9 (3, 4). PART II   REGIONAL TRANSPORTATION
Definitions
10.In this Part, “Commission” means the Ottawa-Carleton Regional Transit Commission continued under this Part; (“Commission”) “Former Commission” means the Ottawa Transportation Commission; (“ancienne commission”) “passenger transport” means the transportation of passengers for reward by bus or by any other means of transportation except taxi; (“transport de passagers”) “Urban Transit Area” means the area defined by by-law of the Regional Council under section 13. (“secteur de transport urbain”) R.S.O. 1990, c. R.14, s. 10.
Removal of passenger from transit vehicle
15.Any employee of the Commission may request any person travelling on the passenger transit system to leave the transit vehicle and may use reasonable force to effect the departure of such person from the vehicle if the employee has reason to believe that such person does not hold a valid bus pass and has not paid the proper fare. R.S.O. 1990, c. R.14, s. 15. PART III   HYDRO-ELECTRIC SERVICES
Definitions
16.In this Part, “area municipality” means the municipality or corporation of the Township of Cumberland, the Township of Goulbourn or the City of Kanata; (“municipalité de secteur”) “commission” means a hydro-electric commission continued under section 17; (“commission”) “Minister” means the Minister of Municipal Affairs; (“ministre”) “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 whole or any part of an area municipality immediately before the 19th day of June, 1980 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.14, s. 16.
Commissions continued
17.(1)The hydro-electric commission for each of the Township of Goulbourn and the City of Kanata established by The Ottawa-Carleton Municipal Hydro-Electric Service Act, 1980, being chapter 40, is continued. R.S.O. 1990, c. R.14, s. 17 (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.14, s. 17 (2); 1998, c. 15, Sched. E, s. 38 (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. Goulbourn Hydro-Electric Commission in English and Commission hydroélectrique de Goulbourn in French. 2. Kanata Hydro-Electric Commission in English and Commission hydroélectrique de Kanata in French. Composition (4)Each commission shall consist of the mayor of the area municipality in respect of which the commission is continued and additional members who are qualified electors under the Municipal Elections Act in the area municipality. When area municipality may determine size of commission (5)Except as otherwise provided in this Part, the council of each area municipality shall determine by by-law whether the number of additional members of the commission continued in respect of the area municipality shall be two or four. Additional members of commissions (6)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, 1982 the council of the area municipality has provided by by-law that the additional members shall be appointed by the council. Eligibility of members of council (7)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. Term of office (8)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. Delegates (9)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. Resignations (10)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.14, s. 17 (3-10).
Powers of commissions
18.(1)Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation with respect to 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.14, s. 18 (1). Right to distribute and supply power (2)Subject to section 21, each commission has the sole right to distribute and supply power within the area municipality in respect of which it is continued. R.S.O. 1990, c. R.14, s. 18 (2); 1998, c. 15, Sched. E, s. 38 (2). Subsisting contracts (3)The right of a commission to distribute and supply power is subject to any subsisting contracts for the supply of power made under section 69 of the Power Corporation Act, being chapter 384 of the Revised Statutes of Ontario, 1980, or a predecessor thereof. R.S.O. 1990, c. R.14, s. 18 (3). Contract for purchase or transmission (4)A commission may without electoral assent or other approval or authorization contract for the purchase of electricity with the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 or for the transmission of electricity with the corporation designated as the Ontario Electric Services Corporation for the purposes of that Act. Subsidiaries included (4.1)For the purposes of subsection (4), a reference to a corporation is deemed to include a subsidiary of that corporation. 1998, c. 15, Sched. E, s. 38 (3). (5), (6) Repealed: 1998, c. 15, Sched. E, s. 38 (4). Direct customers: retail (7)With the consent of a commission, the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 or its subsidiary may retail electricity directly to customers in the area municipality in respect of which the commission is continued. Direct customers: distribution (8)With the consent of a commission, the corporation designated as the Ontario Electric Services Corporation for the purposes of the Electricity Act, 1998 or its subsidiary may distribute electricity directly to customers in the area municipality in respect of which the commission is continued. Repeal (9)Subsections (2), (3), (4), (4.1), (7) and (8) are repealed on the day that subsection 26 (1) of the Electricity Act, 1998 comes into force. 1998, c. 15, Sched. E, s. 38 (5). 19.Repealed: 1998, c. 15, Sched. E, s. 38 (6). Note: Despite the repeal of section 19, subsections 19 (2) to (6), as they read immediately before their repeal, continue to apply to a commission established under subsection 19 (1) before it was repealed, except that the commission is not deemed to be a municipal commission within the meaning of the Power Corporation Act. See: 1998, c. 15, Sched. E, s. 38 (7). 20.Repealed: 1998, c. 15, Sched. E, s. 38 (8).
Repeal
19.Repealed: 1998, c. 15, Sched. E, s. 38 (6). Note: Despite the repeal of section 19, subsections 19 (2) to (6), as they read immediately before their repeal, continue to apply to a commission established under subsection 19 (1) before it was repealed, except that the commission is not deemed to be a municipal commission within the meaning of the Power Corporation Act. See: 1998, c. 15, Sched. E, s. 38 (7). 20.Repealed: 1998, c. 15, Sched. E, s. 38 (8).
Repeal
20.Repealed: 1998, c. 15, Sched. E, s. 38 (8).
Continuation re certain areas
21.(1)Subject to the conditions of their licences issued under the Ontario Energy Board Act, 1998, the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 shall supply, and the corporation designated as the Ontario Electric Services Corporation for the purposes of the Electricity Act, 1998 shall distribute, power in those areas of the townships of Cumberland and Goulbourn that Ontario Hydro served immediately before the coming into force of subsection 38 (9) of Schedule E to the Energy Competition Act, 1998. Subsidiaries included (1.1)For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation. Repeal (1.2)Subsections (1) and (1.1) are repealed on the day that subsection 26 (1) of the Electricity Act, 1998 comes into force. 1998, c. 15, Sched. E, s. 38 (9). (2), (3)Repealed: 1998, c. 15, Sched. E, s. 38 (10).
Real property held in trust
22.(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.14, s. 22 (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.14, s. 22 (2); 1998, c. 15, Sched. E, s. 38 (11).
Borrowing
23.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.14, s. 23. PART IV   HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
24.The Regional Corporation shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act and sections 28 and 29 of 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.14, s. 24.
Liability for burials
25.The Regional Corporation shall repay to each area municipality any expenses incurred after the 31st day of December, 1968, by the area municipality for the interment of dead bodies required to be interred by the area municipality under the Anatomy Act. R.S.O. 1990, c. R.14, s. 25.
Regional Corporation liability under Mental Hospitals Act
26.The Regional Corporation is liable for all costs and expenses incurred after the 31st day of December, 1968, under section 16 of the Mental Hospitals Act in respect of the Regional Area and subsections (3) and (4) thereof apply with necessary modifications to the Regional Corporation, and no area municipality is liable for such costs and expenses. R.S.O. 1990, c. R.14, s. 26.
Powers of board of health
27.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.14, s. 27.
Liability respecting home for aged
28.The Regional Corporation shall be deemed to be a city 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 that Act. R.S.O. 1990, c. R.14, s. 28.
Where area municipality not deemed municipality
29.(1)No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act. Liability of Regional Corporation under General Welfare Assistance Act (2)The Regional Corporation shall be deemed to be a county for the purposes of the General Welfare Assistance Act, and no area municipality shall be deemed to be a municipality for the purposes of such Act, except section 2 thereof. R.S.O. 1990, c. R.14, s. 29.
Liability of Regional Corporation under certain Acts
30.(1)The Regional Corporation shall be deemed to be a county for the purposes of the Homemakers and Nurses Services Act and the Day Nurseries Act, and no area municipality shall be deemed to be a municipality for the purposes of such Acts. R.S.O. 1990, c. R.14, s. 30 (1). Services to be supplied on request of area municipality (2)Despite subsection (1) but subject to section 31, the Regional Council shall not provide services under the Day Nurseries Act except in those area municipalities requesting such services, and such municipalities shall pay the cost thereof in the manner determined by the Regional Council. R.S.O. 1990, c. R.14, s. 30 (2); 1994, c. 1, s. 3.
Day care service areas
31.(1)The Regional Council may by by-law designate as a day care service area any or all of the area municipalities and may pass such additional by-laws to alter the composition of the day care service area by adding or eliminating any area municipality. R.S.O. 1990, c. R.14, s. 31 (1). Levies for day care service areas (2)The Regional Council in each year shall levy against the area municipalities situate within the day care service area a sum sufficient to meet the costs, as estimated by the Regional Council, of providing day care services in the day care service area. R.S.O. 1990, c. R.14, s. 31 (2); 1994, c. 1, s. 4. Idem (3)An area municipality within the day care service area may pay the levy imposed on the area municipality under subsection (2) out of its general funds or, subject to the approval of the Municipal Board, may pass one or more by-laws to impose special rates in one or more parts of the area municipality to raise the whole or any part of the levy imposed on the area municipality under subsection (2). Idem (4)An area municipality not in the day care service area may pay the amount charged to it by the Regional Council for day care services under subsection 30 (2) out of its general funds or, subject to the approval of the Municipal Board, may pass one or more by-laws to impose special rates in one or more parts of the area municipality to raise the whole or any part of the amount charged to the area municipality under subsection 30 (2). R.S.O. 1990, c. R.14, s. 31 (3, 4).
Information
32.Every area municipality and every 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 Part. R.S.O. 1990, c. R.14, s. 32. PART IV.1   POLICE
Definitions
32.1In this Part, “police board” means The Regional Municipality of Ottawa-Carleton Police Services Board; (“commission de police”) “regional police force” means the regional police force that is under the government of the police board. (“corps de police régional”) 1994, c. 1, s. 5.
Dissolution of area boards
32.2The police services boards of the area municipalities are dissolved on January 1, 1995. 1994, c. 1, s. 5.
Establishment of regional board
32.3(1)A police services board for The Regional Municipality of Ottawa-Carleton to be known as The Regional Municipality of Ottawa-Carleton Police Services Board, in English, and Commission de services policiers de la Municipalité régionale d’Ottawa-Carleton, in French, is hereby established on January 1, 1995. Deeming provision (2)The police board shall be deemed to be a police services board established under section 27 of the Police Services Act. Same (3)The Regional Council shall be deemed to have applied for, and the Lieutenant Governor in Council to have approved, an application under subsection 27 (9) of the Police Services Act to increase the size of the police board to seven members. Composition (4)Despite clause 27 (9) (a) of the Police Services Act, the chair of the Regional Council is a member of the police board unless the chair consents in writing to another council member being appointed in his or her stead under that clause. Transition (5)The persons who are members of the regional police planning committee on December 31, 1994 are the initial members of the police board. Deeming (6)The members who were appointed to the committee by the Regional Council and by the Lieutenant Governor in Council shall be deemed to have been appointed under clauses 27 (9) (b) and (c), respectively, of the Police Services Act. Termination (7)The members who were appointed to the committee by the Regional Council hold office on the police board until the earliest of, (a) the date that Regional Council appoints another council member to replace him or her; (b) the date the person ceases to be a member of the Regional Council; and (c) the date the newly-elected Regional Council is organized following the 1997 regular municipal election. 1994, c. 1, s. 5.
Transfer of assets, liabilities
32.4(1)On January 1, 1995, (a) subject to section 49.2, the police board stands in the place of the police services boards dissolved under section 32.2 for all purposes; (b) the Regional Corporation stands in the place of the area municipalities for all purposes related to policing; (c) the assets and liabilities of the area municipalities related to the provision of police services become assets and liabilities of the Regional Corporation, without compensation; and (d) the assets and liabilities under the control and management of the police services boards dissolved under section 32.2 become assets and liabilities under the control and management of the police board, without compensation. Assumption of debts (2)The Regional Corporation shall pay to an area municipality before the due date all amounts of principal and interest due upon any liabilities assumed by the Regional Corporation under subsection (1). Interest (3)If the Regional Corporation fails to make any payment under subsection (2) on or before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made. Arbitrator (4)If there is a dispute as to whether or not any asset or liability pertains to a police services board dissolved under this Part, the Minister, upon application of the Regional Corporation or an affected area municipality, may appoint an arbitrator to determine the matter. Decision final (5)The decision of the arbitrator is final. 1994, c. 1, s. 5.
By-laws, etc., to continue
32.5(1)On January 1, 1995, all by-laws and resolutions of the police service boards dissolved under section 32.2 shall be deemed to be a by-law or resolution of the police board and shall remain in force in the area municipality for which they were passed until the earlier of, (a) the day they are repealed; and (b) December 31, 1998. Same (2)Despite subsection (1), all by-laws of a police services board made under the Municipal Act shall be deemed to be by-laws of the area municipality and shall remain in force in the area municipality for which they were passed until the earlier of, (a) the day they are repealed; and (b) December 31, 1998. Limitation (3)Nothing in this section repeals or authorizes the repeal of by-laws or resolutions conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by a police services board dissolved under section 32.2. 1994, c. 1, s. 5.
Continuation of police services
32.7(1)The Ontario Provincial Police shall continue to provide police services in the area in which the Ontario Provincial Police was providing police services at no charge to the area municipalities on December 31, 1994 until the Ontario Civilian Commission on Police Services is satisfied that the Regional Corporation has discharged its responsibility under section 5 of the Police Services Act in respect of the area or any part thereof. Costs (2)The cost, certified by the Commissioner of the Ontario Provincial Police, of providing police services under subsection (1) shall be charged to the Regional Corporation and may be deducted from any grant payable out of provincial funds to the Regional Corporation or may be recovered with costs by action in any court of competent jurisdiction as a debt due to the Crown. 1994, c. 1, s. 5.
Changes in cost
32.8(1)Where the cost of providing police services to an area municipality changes in 1995, the Regional Council may pass by-laws to limit the amount of the increases or decreases attributable to the area municipality in each year for a period not exceeding five years. Contents of by-law (2)A by-law under subsection (1) shall set out the full amount of the change in the cost of providing police services in the area municipality. Different rates (3)Despite section 135.5 of the Regional Municipalities Act, the Regional Council may, in order to implement the limits in subsection (1), pass by-laws establishing rates of taxation for general regional purposes to be levied by the area municipality that are different from the rates which would have been levied but for this section. Result of by-law (4)If, in any year, as a result of by-laws passed under this section, the total of the limits on increases exceeds the total of the limits on decreases, the Regional Council shall include the difference in its general regional levy. Interpretation (5)For the purpose of subsection (1), the change in the cost of providing police services to an area municipality in 1995 is the difference between, (a) the total cost to the area municipality of providing police services in 1994; and (b) the portion of the 1995 general regional levy which would have been levied by the area municipality for the provision of police services in 1995 but for this section. 1994, c. 1, s. 5.
Approvals necessary
32.9(1)Despite any Act, for the period between March 22, 1994 and December 31, 1994, an area municipality or the police services board of an area municipality shall not, without the approval of the Regional Council, (a) convey or agree to convey any asset pertaining to a police services board purchased for or valued at more than $25,000; (b) incur or agree to incur any liability pertaining to a police services board in excess of $25,000; (c) spend money pertaining to a police services board in a single transaction in excess of $25,000; or (d) change the designation of a reserve fund relating to the provision of police services. Same (2)Despite any Act for the period between March 22, 1994 and December 31, 1994, the police services board of an area municipality shall not, without the approval of the Regional Council, (a) appoint a person to be a member of a police force; or (b) promote a member of a police force. Current agreements (3)Despite subsections (1) and (2), an area municipality or a police services board may undertake a matter described in those subsections without the approval of the Regional Corporation if the area municipality or police services board had entered into a binding agreement with regard to the matter before March 22, 1994. 1994, c. 1, s. 5.
Restriction re: policing agreement
32.10For the period between March 22, 1994 and December 31, 1994, an area municipality shall not, without the approval of the Regional Council, enter into any agreement respecting police services that extends beyond December 31, 1994. 1994, c. 1, s. 5.
Continuation of organizational structures
32.11(1)Despite any other Act, the police board shall maintain the organizational structures of the police forces of the cities of Gloucester, Nepean and Ottawa as part of the organizational structure of the regional police force until the date of amalgamation under subsection (3). One police board (2)The organizational structures maintained under subsection (1) are under the government of the police board. Unified organizational structure (3)On or before January 1, 1997, the police board shall amalgamate the organizational structures of the three city police forces into a unified organizational structure of the regional police force to provide integrated police services. Approval (4)The police board shall carry out the amalgamation in a manner approved by the Ontario Civilian Commission on Police Services. Regulations (5)Despite this Act or the Police Services Act, the Minister may by regulation, (a) define “organizational structure”; (b) provide for matters which, in the opinion of the Minister, are necessary or expedient to maintain the separate organizational structures of the three city police forces and to carry out their subsequent amalgamation under subsection (3). 1994, c. 1, s. 5.
Planning committee
32.12(1)A regional police planning committee is established and is composed of, (a) the chair of the Regional Council; (b) two members of the Regional Council appointed by resolution of the Council; and (c) four persons appointed by the Lieutenant Governor in Council. Duties (2)The committee shall do the following: 1. Plan for the establishment and implementation of a regional police force. 2. Recruit and appoint persons to serve as the chief of police and as deputy chiefs of police of the regional police force, whose appointments shall begin on January 1, 1995. 3. Determine the remuneration and working conditions of the chief and the deputy chiefs of police, taking into account the submissions of the persons appointed to fill those positions. 4. Despite subsection 32.11 (1), change the organizational structures of the police forces of the cities of Gloucester, Nepean and Ottawa to the extent necessary to implement decisions made under paragraphs 2 and 3. Change to police forces (3)A change under paragraph 4 of subsection (2) does not take effect until it is approved by the Ontario Civilian Commission on Police Services and is not effective before January 1, 1995. Same (4)The police board shall be deemed to have made the appointments and changes made under paragraphs 2 and 4 of subsection (2). Costs (5)Upon the request of the committee, the Regional Corporation may pay any cost related to the committee and its work and for that purpose, may enter into contracts with any person or municipality including a metropolitan, regional or district municipality or the County of Oxford or a local board thereof. Agreement (6)As of January 1, 1995, the police board is bound by any contract of the Regional Corporation entered into under subsection (5). Dissolution (7)The committee is dissolved on January 1, 1995. 1994, c. 1, s. 5. PART V (ss. 33-41) Repealed: 1997, c. 5, s. 74. PART VI (ss. 42-45) Repealed: 1997, c. 31, s. 174 (3). PART VI.1 (ss. 45.1-45.5) Repealed: 1997, c. 31, s. 174 (4). PART VII   SPECIAL PROVISIONS
Application of Part
46.This Part applies only to the area municipalities established by The Ottawa-Carleton Amalgamations and Elections Act, 1973, being chapter 93. R.S.O. 1990, c. R.14, s. 46.
Definition
47.For the purposes of this Part, “local municipality” means a local municipality that was amalgamated with or a portion of which was annexed to another local municipality to constitute an area municipality under The Ottawa-Carleton Amalgamations and Elections Act, 1973, being chapter 93. R.S.O. 1990, c. R.14, s. 47. PART VIII   GENERAL
Nuisances
48.(1)The Regional Corporation shall be deemed to be a local municipality for the purposes of paragraph 140 of section 210 of the Municipal Act. Application of Expropriations Act (2)The Regional Corporation shall be deemed to be a municipality for the purposes of the Expropriations Act. Delegation of approvals or consents (3)Despite any other provision in this Act, the Regional Council may pass by-laws authorizing the head of the department concerned to grant such of the approvals and consents required by subsections 28 (2), 83 (1) and 84 (2) as are designated in the by-law, 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.14, s. 48.
Acquiring lands for parks, etc.
49.(1)The Regional Council may pass by-laws for acquiring land for, and establishing, laying out and improving and maintaining, public parks, forests, 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. 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. Joint acquisition of parks (3)Paragraph 54 of section 207 of the Municipal Act applies with necessary modifications to the Regional Corporation. Application of Parks Assistance Act (4)The Regional Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act. Park lands owned by conservation authority, etc. (5)Where, under an agreement with any conservation authority or the Ministry of Natural Resources, lands vested in the conservation authority, or other lands, 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; and (d) despite any other Act, exempt from municipal taxation any such lands for so long as they are managed and controlled by the Regional Corporation and used for park purposes. Tax exemption (6)An exemption from taxes under subsection (5) shall be deemed to have the same effect as an exemption from taxes under section 3 of the Assessment Act. Payment in lieu of taxes (7)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.14, s. 49.
Acquisition of land for industrial, etc., uses
49.1(1)The Regional Council may pass by-laws for acquiring and expropriating land and selling or leasing the land for the purpose of sites for industrial, commercial and institutional uses and uses incidental thereto. Conditions (2)Clauses (a) to (c) of paragraph 57 of section 210 of the Municipal Act apply with necessary modifications to the Regional Corporation exercising its powers under subsection (1). No acquisition by area municipality (3)Paragraph 57 of section 210 of the Municipal Act does not apply to an area municipality. Current acquisitions (4)Despite subsection (3), paragraph 57 of section 210 of the Municipal Act applies to an area municipality with respect to land the area municipality acquired or has entered into a binding agreement to acquire under that paragraph before the day this section comes into force. 1994, c. 1, s. 7.
By-laws re: policing powers
49.2The council of a city in The Regional Municipality of Ottawa-Carleton may pass any by-law that a police services board of a city is authorized to pass under the Municipal Act. 1994, c. 1, s. 8.
Information with tax bill
49.3If required by by-law of the Regional Council, an area municipality shall, at the expense of the Regional Corporation, include with its tax bills an information insert prepared by the treasurer of the Regional Corporation. 1994, c. 1, s. 8.
Centralized communication system
50.(1)The Regional Council may pass by-laws and enter into agreements to provide for the establishment and operation of a centralized communication system either alone or in concert with the area municipalities and their local boards for the provision of emergency response services in the Regional Area. Agreements (2)The area municipalities and their local boards may enter into agreements under subsection (1) with the Regional Council. R.S.O. 1990, c. R.14, s. 50.
Expenditures for diffusing information
51.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.14, s. 51.
Forms in both French and English language
52.(1)The Minister may by order prescribe an English and French language version of any form that is prescribed by this Act. Use of forms (2)The Regional Council may by by-law provide for the use of the version of the form prescribed by the Minister under subsection (1) in place of the corresponding form prescribed by this Act, and, despite any other provision in this Act, where a by-law under this subsection is in force the version of the form provided for in the by-law shall be used in place of the corresponding form prescribed by this Act. R.S.O. 1990, c. R.14, s. 52.