Collection and removal of waste in area municipality
41. (1) The Regional Council may, with the consent of an area municipality, assume the responsibility for the collection and removal of waste for that area municipality or for one or more defined areas therein. R.S.O. 1990, c. R.17, s. 41 (1). Consent required for repeal of regional by-law (2) A by-law passed by Regional Council under subsection (1) shall not be repealed without the consent of the area municipality which consented to the passing of the by-law. R.S.O. 1990, c. R.17, s. 41 (2). Where Regional Corporation responsible for collection of waste in area municipality (3) On and after the effective day of a by-law passed under subsection (1), (a) the Regional Corporation shall be responsible for the collection and removal of waste in the area municipality or defined areas therein to which the by-law applies; (b) for the purposes of clause (a), the Regional Corporation has all the powers conferred by any general or special Act upon the area municipality or local board thereof for the collection and removal of waste; (c) no area municipality shall collect or remove waste in the area municipality or defined areas therein to which the by-law applies 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; (d) all rights and obligations and all personal property of the area municipality pertaining to or exclusively used for the collection and removal of waste in the area municipality or defined areas therein to which the by-law applies are vested in the Regional Corporation without compensation; (e) subsections 40 (7) and (8) apply with necessary modifications to outstanding debts in respect of the property vested in the Regional Corporation under clause (d); and (f) where, prior to the effective date of the by-law, the area municipality had entered into an agreement for another municipality or person to collect and remove waste in the area municipality or defined area therein to which the by-law applies, the Regional Corporation shall be bound by the agreement, and the area municipality is relieved of all liability under the agreement. R.S.O. 1990, c. R.17, s. 41 (3). Offer of employment to be made (4) The Regional Council shall offer to employ every person who on the effective date of the by-law passed under subsection (1) is employed by the area municipality in the collection and removal of waste in the area municipality or defined area therein to which the by-law applies. R.S.O. 1990, c. R.17, s. 41 (4). Salary to be paid in first year (5) Any person who accepts employment under subsection (4) is entitled to receive a wage or salary for the one-year period following such acceptance of not less than that person was receiving on the date the by-law was passed. R.S.O. 1990, c. R.17, s. 41 (5). Application of certain provisions (6) Subsections 24 (2), (3), (5), (10), (11) and (13) of the Regional Municipality of Waterloo Act, being chapter 442 of the Revised Statutes of Ontario, 1980, apply with necessary modifications to a person who accepts employment with the Regional Corporation under subsection (4). R.S.O. 1990, c. R.17, s. 41 (6). Costs may be recovered from area municipality (7) The Regional Council may by by-law provide for imposing on and collecting from an area municipality in which or in defined areas of which it collects and removes waste, a waste collection rate sufficient to pay the whole or such portion as the by-law may specify of the regional capital costs including debentures charges and expenditures for maintenance and operation of the waste collection and removal system in the area municipality and such rate may be based on the volume, weight or class of waste collected and removed or on any other basis that the by-law may specify. R.S.O. 1990, c. R.17, s. 41 (7). Idem (8) All rates under subsection (7) constitute a debt of the area municipality to the Regional Corporation and shall be payable at such times and in such amounts as may be specified by by-law of the Regional Council. R.S.O. 1990, c. R.17, s. 41 (8). Payment by area municipality (9) The 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 under section 208.5 and clause 208.6 (2) (b) of the Municipal Act for imposing rates to recover the whole or part of the amount chargeable to the area municipality; and (c) pass by-laws for imposing rates to recover the whole or part of the amount chargeable as part of the cost of an urban service within an urban service area established in the area municipality under any general or special Act. R.S.O. 1990, c. R.17, s. 41 (9); 1993, c. 20, s. 18.