Definition
40. (1) In this Part, “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. R.S.O. 1990, c. R.17, s. 40 (1); 1993, c. 20, s. 22 (1). Disposal of waste (2) The Regional Corporation shall provide facilities for the purposes of receiving, dumping and disposing of waste, and no area municipality shall provide such facilities. R.S.O. 1990, c. R.17, s. 40 (2). Designation of facilities (3) The Regional Council shall, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class or classes thereof and, where such a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been so designated for that area municipality. R.S.O. 1990, c. R.17, s. 40 (3). Consent of Regional Council required (4) 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 or district municipality or by the County of Oxford or by a local board of a regional, district or metropolitan municipality or of the County of Oxford without the consent of the Regional Council, which consent may be given upon such terms and conditions, including the payment of compensation, as may be agreed upon. R.S.O. 1990, c. R.17, s. 40 (4). Where consent refused (5) Where the Regional Council refuses its consent under subsection (4) or the applicant and the Regional Council fail to agree on the terms and conditions related to the consent, the applicant may appeal to the Municipal Board which shall hear and determine the matter, and 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.17, s. 40 (5). Powers respecting disposal of waste (6) For the purposes of subsection (2), the Regional Corporation may, (a) Repealed: 1993, c. 20, s. 17 (1). (b) Repealed: 1993, c. 20, s. 17 (1). (c) Repealed: 1993, c. 20, s. 17 (1). (d) Repealed: 1993, c. 20, s. 17 (1). (e) Repealed: 1993, c. 20, s. 17 (1).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.17, s. 40 (6); 1993, c. 20, s. 17 (1). Powers, etc. (6.1) 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. 17 (2). Payment to area municipality (7) 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 any municipal facility for the receiving, dumping and disposing of waste assumed by the Regional Corporation. R.S.O. 1990, c. R.17, s. 40 (7). Interest (8) If the Regional Corporation fails to make any payment required under subsection (7), on or before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.17, s. 40 (8). (9) Repealed: 1993, c. 20, s. 17 (3). Non-applicability of certain by-laws (10) 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.17, s. 40 (10). Restrictions respecting the hauling of wastes (11) 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.17, s. 40 (11). Idem (12) 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.17, s. 40 (12). Conversion of waste (13) 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 any other land with the consent of the owner of such land; 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.17, s. 40 (13). Definition (14) In subsection (13), “product” includes fuel derived from waste. R.S.O. 1990, c. R.17, s. 40 (14). Non-applicability of Municipal Franchises Act (15) The Municipal Franchises Act does not apply to any act of the Regional Corporation under subsection (13). R.S.O. 1990, c. R.17, s. 40 (15).