jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name “Town of Haldimand” in English and “ville de Haldimand” in French.  1999, c. 14, Sched. B, s. 2 (1). Status (2) The body corporate has the status of a city and a local municipality for all purposes.  1999, c. 14, Sched. B, s. 2 (2). (3) Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
3 The municipal area is divided into six wards as established by regulation.  1999, c. 14, Sched. B, s. 3.
4 (1) The town council is composed of the mayor, elected by general vote, and six other members, elected in accordance with subsection (2).  1999, c. 14, Sched. B, s. 4 (1). Same (2) One member of the council shall be elected for each ward.  1999, c. 14, Sched. B, s. 4 (2). Transition, first council (3) The following special rules apply to the members of the council elected in the 2000 regular election: 1. Despite section 6 of the Municipal Elections Act, 1996, the members’ terms of office begin on January 1, 2001. 2. Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.  1999, c. 14, Sched. B, s. 4 (3).
5 (1) The old municipalities are dissolved on January 1, 2001.  1999, c. 14, Sched. B, s. 5 (1). Rights and duties (2) The town stands in the place of the old municipalities for all purposes.  1999, c. 14, Sched. B, s. 5 (2). Same (3) Without limiting the generality of subsection (2), (a) the town has every power and duty of an old municipality or a divided municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and (b) all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.  1999, c. 14, Sched. B, s. 5 (3). Exception, emergency powers (4) Until the town council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.  1999, c. 14, Sched. B, s. 5 (4). By-laws and resolutions (5) Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the town council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.  1999, c. 14, Sched. B, s. 5 (5). Official plans (6) Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the town on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.  1999, c. 14, Sched. B, s. 5 (6). Effect of this section (7) Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.  1999, c. 14, Sched. B, s. 5 (7). Employees of old municipalities (8) A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.  1999, c. 14, Sched. B, s. 5 (8). Same (9) A person’s employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (8).  1999, c. 14, Sched. B, s. 5 (9).
7 (1) On January 1, 2001, the Regional Municipality of Haldimand-Norfolk Police Services Board is continued under the name “Haldimand and Norfolk Police Services Board” in English and “Commission des services policiers de Haldimand et Norfolk” in French.  1999, c. 14, Sched. B, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (1) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 60 (2)) Police service board (1) On the day subsection 31 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Haldimand and Norfolk Police Services Board is continued under the name “Haldimand and Norfolk Police Service Board” in English and “Commission de service de police de Haldimand et Norfolk” in French. 2019, c. 1, Sched. 4, s. 60 (2). Same (2) The Haldimand and Norfolk Police Services Board is the police services board of the town and the Town of Norfolk.  1999, c. 14, Sched. B, s. 7 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 60 (2)) Same (2) The Haldimand and Norfolk Police Service Board is the police service board of the town and the Town of Norfolk. 2019, c. 1, Sched. 4, s. 60 (2). Joint board (3) The Haldimand and Norfolk Police Services Board shall be deemed to be a joint board established under subsection 33 (1) of the Police Services Act by the agreement described in subsection (4).  1999, c. 14, Sched. B, s. 7 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (3) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 60 (2)) Jointly constituted board (3) The Haldimand and Norfolk Police Service Board is deemed to be a jointly constituted board established under section 24 of the Community Safety and Policing Act, 2019. 2019, c. 1, Sched. 4, s. 60 (2). Same (4) The agreement dated July 22, 1998 between The Regional Municipality of Haldimand-Norfolk and the Solicitor General for the provision of police services in the regional municipality is continued as an agreement between the Town of Haldimand and the Town of Norfolk, as parties in lieu of the regional municipality, and the Solicitor General.  Subsections 10 (2) and 33 (2) of the Police Services Act shall be deemed to have been complied with in connection with the agreement.  1999, c. 14, Sched. B, s. 7 (4). Board members (5) Despite subsection 33 (5) of the Police Services Act, a member of the Regional Municipality of Haldimand-Norfolk Police Services Board on December 31, 2000 continues as a member of the Haldimand and Norfolk Police Services Board until the appointment of his or her successor, and he or she is eligible for reappointment.  1999, c. 14, Sched. B, s. 7 (5). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 62 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 60 (2) - not in force
8 (1) On January 1, 2001, a library board for the town is established under the name “Haldimand Public Library Board” in English and “Conseil des bibliothèques publiques de Haldimand” in French.  1999, c. 14, Sched. B, s. 8 (1). Status (2) The Haldimand Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.  1999, c. 14, Sched. B, s. 8 (2). Dissolution of old boards (3) The public library boards of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001.  1999, c. 14, Sched. B, s. 8 (3). Exception, emergency powers (4) Until the members of the Haldimand Public Library Board first take office after December 31, 2000, each public library board of an old municipality or the City of Nanticoke continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the municipal area.  1999, c. 14, Sched. B, s. 8 (4). Assets and liabilities (5) All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Haldimand Public Library Board on January 1, 2001, without compensation.  1999, c. 14, Sched. B, s. 8 (5). Same, divided municipality (6) All the assets and liabilities of the public library board of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Haldimand Public Library Board on January 1, 2001, without compensation.  1999, c. 14, Sched. B, s. 8 (6). By-laws and resolutions (7) Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Haldimand Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.  1999, c. 14, Sched. B, s. 8 (7). Same, divided municipality (8) Every by-law or resolution of a public library board of the City of Nanticoke that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be a by-law or resolution of the Haldimand Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.  1999, c. 14, Sched. B, s. 8 (8). Same (9) Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality or a divided municipality could not repeal or amend, as the case may be, the by-law or resolution.  1999, c. 14, Sched. B, s. 8 (9).
9 (1) The public utility commissions of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001.  1999, c. 14, Sched. B, s. 9 (1). Assets and liabilities (2) All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.  1999, c. 14, Sched. B, s. 9 (2). Same, divided municipality (3) All the assets and liabilities of the public utility commission of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.  1999, c. 14, Sched. B, s. 9 (3).
10 (1) This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions.  1999, c. 14, Sched. B, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (1) of the Act is amended by striking out “police services boards” and substituting “police service boards”. (See: 2019, c. 1, Sched. 4, s. 60 (3)) Local boards continued (2) The local boards of the old municipalities on December 31, 2000 are continued as local boards of the town on January 1, 2001.  1999, c. 14, Sched. B, s. 10 (2). Same, divided municipalities (3) Each of the local boards of the divided municipalities on December 31, 2000 is continued as two separate local boards of the town and of the Town of Norfolk, respectively, on January 1, 2001.  1999, c. 14, Sched. B, s. 10 (3). Same (4) Each of the two separate local boards established by subsection (3) stands in the place of the local board of the divided municipality with respect to the matters that are within the jurisdiction of the separate local board.  1999, c. 14, Sched. B, s. 10 (4). Merging (5) The town may merge two or more local boards continued by subsection (2) or (3) into a new local board.  1999, c. 14, Sched. B, s. 10 (5). Effect on by-laws, etc. (6) When two or more local boards (the “predecessor boards”) are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place, and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.  1999, c. 14, Sched. B, s. 10 (6). Same (7) Subsection (6) applies, with necessary modifications, with respect to by-laws and resolutions of the town that relate to a predecessor board.  1999, c. 14, Sched. B, s. 10 (7). Assets and liabilities (8) All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.  1999, c. 14, Sched. B, s. 10 (8). Effect of this section (9) Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.  1999, c. 14, Sched. B, s. 10 (9). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 62 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 60 (3) - not in force
11 (1) A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.  1999, c. 14, Sched. B, s. 11 (1). Same (2) A person who is an employee of a local board of a divided municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the town, the Town of Norfolk or of a local board of one of them on January 1, 2001.  1999, c. 14, Sched. B, s. 11 (2). Same (3) A person’s employment with a local board of an old municipality or a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1) or (2).  1999, c. 14, Sched. B, s. 11 (3). Powers of the Town
12 (1) The town is the board of health for the Haldimand-Norfolk Health Unit, if the transition board designates it as the board of health on or before the prescribed date.  1999, c. 14, Sched. B, s. 12 (1). Same (2) If the transition board does not designate a board of health for the Haldimand-Norfolk Health Unit on or before the prescribed date under subsection (1), the town is the board of health for the unit if the Minister of Health and Long-Term Care designates it as such by a regulation made under this subsection.  1999, c. 14, Sched. B, s. 12 (2). Same (3) If the town is designated as the board of health for the Haldimand-Norfolk Health Unit, the town has the powers, rights and duties of a board of health under the Health Protection and Promotion Act.  1999, c. 14, Sched. B, s. 12 (3).
13 Jointly with the Town of Norfolk, the town shall operate and maintain the Tom Howe landfill site referred to in subsection 6 (6), unless they agree otherwise.  1999, c. 14, Sched. B, s. 13. 13.1 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003
13.2 (1) The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.  2009, c. 33, Sched. 8, s. 18. Same (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which the Not-for-Profit Corporations Act, 2010 applies; or (b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 33; 2017, c. 20, Sched. 8, s. 137. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2001, c. 13, s. 33
- 30/11/2001 2008, c. 14, s. 61
- 01/01/2011 2009, c. 33, Sched. 8, s. 18 - 01/01/2011 2017, c. 20, Sched. 8, s. 137 - 19/10/2021
13.3 (1) The town may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.  2000, c. 5, s. 2 (1). Exercise of powers (2) For the purposes described in subsection (1), the town may exercise any of its powers in respect of culture, parks, recreation and heritage matters under the Municipal Act, 2001.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003
13.4 (1) This section applies to land that is vested in a conservation authority and that is managed and controlled by the town under an agreement between the town and the conservation authority.  2000, c. 5, s. 2 (1). Parks, etc. (2) The town may establish, lay out, improve and maintain public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives on the land, and it may exercise any of its powers in respect of culture, parks, recreation and heritage matters under the Municipal Act, 2001.  2000, c. 5, s. 2 (1); 2002, c. 17, Sched. F, Table. Roads and traffic (3) The town may lay out, construct and maintain roads on the land, regulate traffic on the roads, subject to the Highway Traffic Act, and prescribe the rate of speed for motor vehicles driven on those roads, in accordance with section 128 of the Highway Traffic Act.  2000, c. 5, s. 2 (1); 2006, c. 32, Sched. D, s. 16. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. D, s. 16 - 01/01/2007
13.5  (1) The town may authorize a person to sell liquor, as defined in the Liquor Licence and Control Act, 2019, in parks in the municipal area that belonged to The Regional Municipality of Haldimand-Norfolk on December 31, 2000 and may impose such conditions as it considers appropriate. 2000, c. 5, s. 2 (1); 2019, c. 15, Sched. 22, s. 104 (1). Restriction (2) The power of the town is subject to the Liquor Licence and Control Act, 2019. 2000, c. 5, s. 2 (1); 2019, c. 15, Sched. 22, s. 104 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2019, c. 15, Sched. 22, s. 104 (1, 2) - 29/11/2021
13.6 (1) No person (including a municipality or a local board) shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Haldimand-Norfolk under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the town, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.  2000, c. 5, s. 2 (1); 2002, c. 17, Sched. F, Table. Exception (2) Despite subsection (1), the consent of the town is not required to provide services and facilities for the collection or removal of waste from non-residential properties and from residential properties containing more than five dwelling units.  2000, c. 5, s. 2 (1). Same (3) Despite subsection (1), the consent of the town is not required if the service or facility is being lawfully provided on December 31, 2000, so long as that service or facility continues to be used for the same purpose.  2000, c. 5, s. 2 (1). Appeal (4) If consent is refused under subsection (1) or the applicant and the town fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Land Tribunal.  2000, c. 5, s. 2 (1); 2021, c. 4, Sched. 6, s. 94. Same (5) The Ontario Land Tribunal shall hear and determine the matter, and may impose such conditions as it considers appropriate.  2000, c. 5, s. 2 (1); 2021, c. 4, Sched. 6, s. 94. Same (6) The decision of the Ontario Land Tribunal is final.  2000, c. 5, s. 2 (1); 2021, c. 4, Sched. 6, s. 94. (7) Repealed:  2009, c. 33, Sched. 2, s. 75. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 2, s. 75 - 15/12/2009 2021, c. 4, Sched. 6, s. 94 - 01/06/2021
13.7  (1) On and after January 1, 2001, the town may continue to fluoridate the water supply of those areas of the town to which fluoridated water was being supplied on December 31, 2000.  2000, c. 5, s. 2 (1). Agreements (2) The town may enter into agreements with an adjoining municipality in respect of the supply and distribution of water in the municipal area including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof.  2000, c. 5, s. 2 (1); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003
13.8  The Lieutenant Governor in Council may, by regulation, authorize the town to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act.  2000, c. 5, s. 2 (1). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1)
- 01/01/2001 Financial Matters
14 (1) The following costs shall be allocated in the prescribed manner between the town and the Town of Norfolk: 1. The costs of operating and maintaining the Tom Howe landfill site referred to in subsection 6 (6). 2. The costs of the Haldimand and Norfolk Police Services Board payable under the agreement referred to in subsection 7 (4).  1999, c. 14, Sched. B, s. 14 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 14 (1) of the Act is amended by striking out “Haldimand and Norfolk Police Services Board” and substituting “Haldimand and Norfolk Police Service Board”. (See: 2019, c. 1, Sched. 4, s. 60 (4)) Payment (2) The town shall pay the costs described in subsection (1) that are allocated to it.  1999, c. 14, Sched. B, s. 14 (2). Determination of amounts (3) The amount of the costs or expenses to be allocated between the town and the Town of Norfolk under the following statutes shall be determined in the prescribed manner instead of the manner required by the applicable statute: 1. If a designated area under the Ambulance Act
consists, in whole or in part, of the town and the Town of Norfolk, or of a portion of them, the costs that would otherwise be apportioned under that Act to the town and the Town of Norfolk in respect of the designated area. 2. The costs incurred by the town or the Town of Norfolk as the delivery agent under the Day Nurseries Act for the geographic area of the town and the Town of Norfolk. 3. The expenses mentioned in subsection 72 (1) of the Health Protection and Promotion Act that are incurred in respect of the Haldimand-Norfolk Health Unit. 4. The costs incurred by the town or the Town of Norfolk as the delivery agent under the Ontario Works Act, 1997 for the geographic area of the town and the Town of Norfolk. 5. The costs that would otherwise be allocated to the town and the Town of Norfolk under subsection 4 (7) of the Social Housing Funding Act, 1997.  1999, c. 14, Sched. B, s. 14 (3). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 62 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 60 (4) - not in force
17.  The town may pass by-laws under Part XII of the Municipal Act, 2001 for imposing fees or charges to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.  1999, c. 14, Sched. B, s. 17; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
18.  (1) The town may establish one or more municipal service areas and levy one or more special local municipality levies under section 312 of the Municipal Act, 2001 in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services: 1. The supply and distribution of water. 2. Fire protection and prevention. 3. Public transportation, other than highways. 4. Street lighting. 5. The collection and disposal of sewage.  1999, c. 14, Sched. B, s. 18 (1); 2002, c. 17, Sched. F, Table. Same (2) For the purposes of subsection (1), the town may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the town considers relevant.  1999, c. 14, Sched. B, s. 18 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
19 (1) In this section, “area taxing power” means a power under section 15 or 18 of this Act or under any other provision of an Act, regulation or order that authorizes the town to raise costs related to services by imposing taxes on less than all the rateable property in the town.  1999, c. 14, Sched. B, s. 19 (1). Duty (2) The town shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.  1999, c. 14, Sched. B, s. 19 (2). Same (3) A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.  1999, c. 14, Sched. B, s. 19 (3). Effect on by-laws (4) A by-law of the town passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.  1999, c. 14, Sched. B, s. 19 (4).
19.1 For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the town for 2000 is the sum of, (a) the estimated revenues of the old municipalities as shown in the estimates adopted for 2000; and (b) the estimated revenues of each of the divided municipalities as shown in the estimates adopted for 2000, multiplied by the percentage that is prescribed for each municipality.  2000, c. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (2)
- 01/01/2001
19.2 For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the town for 2001 or the operating deficit to be provided for by the town for 2001, as the case may be, shall be determined as follows: 1. Subtract the total of the audited operating deficits of the old municipalities as of December 31, 2000 from the total of the audited surpluses of the old municipalities as of December 31, 2000. 2. For each divided municipality, multiply the audited operating deficit or audited surplus, as the case may be, as of December 31, 2000 by the percentage prescribed for each municipality. 3. Add the results obtained for each divided municipality under paragraph 2 to get a total amount for all divided municipalities. 4. Add the total amounts obtained under paragraphs 1 and 3.  2000, c. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (2)
- 01/01/2001
19.3  (1) If the town recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants.  2000, c. 5, s. 2 (2). Same (2) Subsection (1) also applies in respect of members of a municipal police force and persons deemed to be town employees for the purposes of the Workplace Safety and Insurance Act, 1997.  2000, c. 5, s. 2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19.3 (2) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 60 (5)) Conditions (3) The town may impose conditions on the payment.  2000, c. 5, s. 2 (2). Application (4) Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.  2000, c. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (2)
- 01/01/2001 2018, c. 3, Sched. 5, s. 62 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 60 (5) - not in force
20 (1) The town shall pay that portion of the expenses of the transition board for 2001 that is specified by the transition board, and shall make payments in the amounts and at the times specified by the transition board.  1999, c. 14, Sched. B, s. 20 (1). Same (2) The transition board shall give the town council an estimate of its expenses and the council shall include in the town’s operating budget for 2001 the portion of the expenses that the town is required to pay.  1999, c. 14, Sched. B, s. 20 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21.  1999, c. 14, Sched. B, s. 20 (3). Transition Board
22 (1) The transition board may be divided into such panels as may be prescribed.  1999, c. 14, Sched. B, s. 22 (1). Duties (2) For the purposes of this Act and the Town of Norfolk Act, 1999, each panel has such duties as may be prescribed, with respect to such matters as may be specified that arise out of the dissolution of the old municipalities, the divided municipalities and their local boards and the incorporation of the town and of the Town of Norfolk.  1999, c. 14, Sched. B, s. 22 (2). Powers (3) A panel may exercise any of the powers of the transition board for the purpose of performing the panel’s duties.  1999, c. 14, Sched. B, s. 22 (3). Restriction on transition board (4) The transition board is not authorized to exercise any of its powers in connection with the matters specified in a regulation made under subsection (2), to the extent that a panel has duties with respect to them.  1999, c. 14, Sched. B, s. 22 (4).
23 (1) The transition board may designate either the town or the Town of Norfolk as the board of health for the Haldimand-Norfolk Health Unit, if it makes the designation on or before the prescribed date.  1999, c. 14, Sched. B, s. 23 (1). Notice (2) The transition board shall give the Minister of Health and Long-Term Care notice of a designation made under subsection (1).  1999, c. 14, Sched. B, s. 23 (2).
24 (1) The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 2.2 (1) of the Day Nurseries Act for the geographic area of the town and the Town of Norfolk, if it makes the recommendation on or before the prescribed date.  1999, c. 14, Sched. B, s. 24 (1). Deemed designation (2) On January 1, 2001, the geographic area of the town and the Town of Norfolk shall be deemed to have been designated as a geographic area under section 2.1 of the Day Nurseries Act.  1999, c. 14, Sched. B, s. 24 (2). Recommended designation (3) The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 38 (1) of the Ontario Works Act, 1997 for the geographic area of the town and the Town of Norfolk, if it makes the recommendation on or before the prescribed date.  1999, c. 14, Sched. B, s. 24 (3). Deemed designation (4) On January 1, 2001, the geographic area of the town and the Town of Norfolk shall be deemed to have been designated as a geographic area under section 37 of the Ontario Works Act, 1997.  1999, c. 14, Sched. B, s. 24 (4). Designations by Minister (5) If the transition board makes a recommendation under subsection (1) or (3), the Minister of Community and Social Services shall make the designation in accordance with the recommendation.  1999, c. 14, Sched. B, s. 24 (5).
25 (1) The transition board shall determine whether an employee of a divided municipality or of a local board of a divided municipality is, on January 1, 2001, either, (a) an employee of the town or one of its local boards; or (b) an employee of the Town of Norfolk or one of its local boards.  1999, c. 14, Sched. B, s. 25 (1). Same (2) The transition board cannot specify under subsection (1) that the employee is employed by the town itself, by the Town of Norfolk itself, or by a particular local board of either town.  1999, c. 14, Sched. B, s. 25 (2). Same (3) A person’s employment with a divided municipality or a local board of a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).  1999, c. 14, Sched. B, s. 25 (3).
26 (1) In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.  1999, c. 14, Sched. B, s. 26 (1). Same (2) The contract must be one of the following: 1. A contract entered into after October 8, 1999, containing a provision described in subsection (3). 2. A contract amended after October 8, 1999 to include a provision described in subsection (3).  1999, c. 14, Sched. B, s. 26 (2). Provision (3) The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.  1999, c. 14, Sched. B, s. 26 (3). Definition (4) In this section, “compensation” includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.  1999, c. 14, Sched. B, s. 26 (4).
27 (1) The transition board shall establish the key elements of the town’s organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the town.  1999, c. 14, Sched. B, s. 27 (1). Same (2) When the transition board hires a person under subsection (1), the following rules apply: 1. The transition board has the authority to negotiate the terms of the employment contract with the person. 2. The town is bound by the employment contract. 3. The employment contract may take effect on or before January 1, 2001. 4. If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the town beginning on January 1, 2001.  If the contract takes effect on January 1, 2001, the person is the employee of the town. 5. While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act. 6. On January 1, 2001, the town council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.  1999, c. 14, Sched. B, s. 27 (2).
29 (1) The members of the council of each old municipality and divided municipality, the employees and agents of either and the members, employees and agents of each local board of either shall, (a) co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and (b) on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality, divided municipality or local board, as the case may be, that is relevant to the functions of the transition board.  1999, c. 14, Sched. B, s. 29 (1). Conflict (2) This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.  1999, c. 14, Sched. B, s. 29 (2).
30 (1) A person who obtains information under subsection 28 (1) or section 29 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.  1999, c. 14, Sched. B, s. 30 (1). Same (2) Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to, (a) a financial transaction or proposed financial transaction of an old municipality, a divided municipality or a local board of either; (b) anything done or proposed to be done in connection with the finances of an old municipality, a divided municipality or a local board of either by a member of the council of the municipality or local board or by an employee or agent of the municipality or local board.  1999, c. 14, Sched. B, s. 30 (2). Offence (3) A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.  1999, c. 14, Sched. B, s. 30 (3). Conflict (4) Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the
Municipal Freedom of Information and Protection of Privacy Act.  1999, c. 14, Sched. B, s. 30 (4).
31 (1) No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.  1999, c. 14, Sched. B, s. 31 (1). Same (2) Subsection (1) also applies in respect of an employee or agent of an old municipality, a divided municipality or a local board of either who acts under the direction of, (a) the transition board or a member of it; (b) the council of the old municipality or divided municipality; or (c) the local board.  1999, c. 14, Sched. B, s. 31 (2). Vicarious liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.  1999, c. 14, Sched. B, s. 31 (3); 2019, c. 7, Sched. 17, s. 165. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 165 - 01/07/2019
32 (1) The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify.  1999, c. 14, Sched. B, s. 32 (1). Assets and liabilities (2) All the assets and liabilities of the transition board immediately before it is dissolved that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town, when the transition board is dissolved, without compensation.  1999, c. 14, Sched. B, s. 32 (2). By-laws and resolutions (3) Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the town council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.  1999, c. 14, Sched. B, s. 32 (3). Effect of this section (4) Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.  1999, c. 14, Sched. B, s. 32 (4). Allocation Committees
33 (1) One or more allocation committees may be established by the Minister, on or before December 1, 2000.  1999, c. 14, Sched. B, s. 33 (1). Same (2) The Minister shall specify the classes of assets and liabilities to be allocated by each committee.  1999, c. 14, Sched. B, s. 33 (2). Purpose (3) The purpose of the committee is to allocate such assets and liabilities of a divided municipality or any of its local boards or of the transition board as are specified under subsection (2) between the town and the Town of Norfolk, or between the local boards of either of them.  1999, c. 14, Sched. B, s. 33 (3). Basis for making allocation (4) The committee may allocate the assets and liabilities of a divided municipality or any of its local boards or of the transition board on the following basis: 1. The committee shall consider whether an asset or liability primarily pertains to, or is used primarily in connection with, matters that will be within the jurisidiction of the town, the Town of Norfolk or a particular local board of one of them. 2. The committee may consider whether allocating an asset or liability on another basis is reasonable under the circumstances, and may make such an allocation. 3. If the committee makes an allocation in accordance with paragraph 2, the committee may provide for financial adjustments to be made to take into account the impact on the other municipality or local board of doing so instead of making the allocation in accordance with paragraph 1.  1999, c. 14, Sched. B, s. 33 (4). Composition (5) Each committee shall include the treasurer of each divided municipality whose assets or liabilities are to be allocated by the committee.  1999, c. 14, Sched. B, s. 33 (5).
34 (1) Before December 31, 2000, each allocation committee shall make a preliminary allocation of the assets and liabilities that are to be allocated by it, to the extent that the committee knows about them, and may provide for financial adjustments between the affected entities.  1999, c. 14, Sched. B, s. 34 (1). Effective date, preliminary allocation (2) A preliminary allocation takes effect on January 1, 2001.  1999, c. 14, Sched. B, s. 34 (2). Final allocation (3) Before October 31, 2001, each committee shall make a final allocation of the assets and liabilities and may provide for financial adjustments between the affected entities.  1999, c. 14, Sched. B, s. 34 (3). Same, effective date (4) Subject to subsection (11), a final allocation takes effect as of January 1, 2001, and the assets and liabilities become the assets and liabilities of the entity specified by the committee in the document setting out the final allocation, despite the effect of the preliminary allocation.  1999, c. 14, Sched. B, s. 34 (4). Financial adjustment (5) If a final allocation includes a financial adjustment, the money is due and payable in accordance with the terms of the final allocation.  1999, c. 14, Sched. B, s. 34 (5). Notice of allocation (6) The committee shall notify the town and the Town of Norfolk of the details of the final allocation within 30 days after making the allocation and shall also notify any local board of either of them that is directly affected by the final allocation.  1999, c. 14, Sched. B, s. 34 (6). Notice of appeal (7) Within 30 days after receiving notice of the final allocation, either town or a local board that received notice of the final allocation may appeal the final allocation by filing a written notice of appeal with the Minister together with reasons for the appeal.  1999, c. 14, Sched. B, s. 34 (7). Board of arbitration (8) The Minister shall appoint a board of arbitration to hear and determine the appeal.  1999, c. 14, Sched. B, s. 34 (8). Same (9) The board of arbitration shall give the parties to the appeal an opportunity to be heard.  1999, c. 14, Sched. B, s. 34 (9). Same (10) The Arbitration Act, 1991 applies with respect to the appeal.  1999, c. 14, Sched. B, s. 34 (10). Decision final (11) The decision of the board of arbitration is final, and the final allocation shall be deemed to be changed in accordance with the decision.  1999, c. 14, Sched. B, s. 34 (11). Powers and Duties of Old Municipalities and Divided Municipalities
35 (1) The Minister may make regulations providing that an old municipality, a divided municipality or a local board of either, (a) shall not exercise a specified power under a particular Act; (b) shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation; (c) shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation; (d) shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act.  1999, c. 14, Sched. B, s. 35 (1). Same (2) A regulation under subsection (1) may be general or specific in its application.  1999, c. 14, Sched. B, s. 35 (2). Same (3) The following rules apply with respect to regulations under subsection (1): 1. A regulation cannot prevent an old municipality, divided municipality or local board from doing anything that it is otherwise required by law to do. 2. A regulation cannot prevent an old municipality, divided municipality or local board from taking action in an emergency. 3. A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force. 4. A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act. 5. A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until, i. the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or ii. guidelines authorizing the action are issued by the transition board under this Act. 6. If the transition board or another person or body is authorized to give an approval under this Act, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.  1999, c. 14, Sched. B, s. 35 (3).
36 (1) The Regional Municipality of Haldimand-Norfolk shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board.  1999, c. 14, Sched. B, s. 36 (1). Same (2) The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000.  1999, c. 14, Sched. B, s. 36 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21.  1999, c. 14, Sched. B, s. 36 (3). Collective Bargaining before January 1, 2001