[36] Bill 80 Original (PDF)
B080_E
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Bill 80 1998
An Act to eliminate the regional level
of municipal government in Norfolk and
Haldimand, to cut duplication and
to save taxpayers' money
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Municipal Act is amended by adding the following section:
Haldimand-Norfolk restructuring proposal
25.5 (1) The Regional Municipality of Haldimand-Norfolk or an area municipality that forms part of the regional municipality may, on or before November 1, 1999, make a restructuring proposal to dissolve the regional municipality and to restructure the area municipalities by submitting to the Minister a restructuring report as described in subsection 25.2 (2).
Approval of proposal
(2) No municipality may make a restructuring proposal under subsection (1) unless,
(a) it has been approved by the councils of the majority of the area municipalities in the regional municipality representing a majority of the electors in the regional municipality and by the Regional Council of the regional municipality;
(b) it contains the prescribed matters with respect to the dissolution of the regional municipality and the restructuring of the area municipalities;
(c) it provides that the Regional Area of The Regional Municipality of Haldimand-Norfolk consist of at least two municipalities;
(d) it contains a full cost analysis of the proposed restructuring that satisfies the prescribed requirements; and
(e) it has followed the public consultation process described in subsection (3).
Public consultation process
(3) Before submitting a restructuring proposal under subsection (1), the municipality making the proposal shall,
(a) hold at least one public meeting in each area municipality at which any person who attends is given an opportunity to make representations about the proposal;
(b) record the representations made about the proposal at each public meeting held under clause (a) and make the record available for inspection by the public; and
(c) publish a notice in at least one daily or weekly newspaper of general circulation in the regional municipality advising the public when and where it can inspect the record mentioned in clause (b).
Notice of meetings
(4) At least 30 days before holding a meeting under clause (3) (a), the municipality making the proposal shall publish a notice of the meeting in at least one daily or weekly newspaper of general circulation in the regional municipality.
Application of s. 25.2
(5) Section 25.2 applies with necessary modifications to a restructuring proposal made under subsection (1).
Same
(6) For the purposes of the application of section 25.2 to a restructuring proposal under subsection (1),
(a) the Regional Area of The Regional Municipality of Haldimand-Norfolk or any part of it shall be deemed to be a locality;
(b) The Regional Municipality of Haldimand-Norfolk and its area municipalities shall be deemed to be municipalities; and
(c) The Regional Municipality of Haldimand-Norfolk shall be deemed to be a county and its area municipalities shall be deemed to be local municipalities.
Implementation of proposal
(7) If a municipality makes a restructuring proposal under subsection (1) on or before November 1, 1999, the Minister shall by order implement the proposal on or before January 1, 2001.
Powers of Minister
(8) For the purposes of implementing the proposal, the Minister has the powers that may be exercised under a regulation made under subsection 25.2 (11).
Commission restructuring plan
(9) If no municipality makes a restructuring proposal under subsection (1) on or before November 1, 1999, the Minister shall establish a commission to develop a restructuring plan to dissolve the regional municipality and to restructure the area municipalities.
Contents of plan
(10) The restructuring plan shall,
(a) contain the prescribed matters with respect to the dissolution of the regional municipality and the restructuring of the area municipalities;
(b) provide that the Regional Area of The Regional Municipality of Haldimand-Norfolk consist of at least two municipalities; and
(c) contain a full cost analysis of the proposed restructuring that satisfies the prescribed requirements.
Date for submission
(11) The commission shall develop and submit the restructuring plan to the Minister on or before May 1, 2000.
Application of s. 25.3
(12) Subsections 25.3 (3) to (17) apply with necessary modifications to the restructuring plan as if it were a restructuring proposal under those subsections.
Same
(13) For the purposes of the application of subsections 25.3 (3) to (17) to the restructuring plan,
(a) the Regional Area of The Regional Municipality of Haldimand-Norfolk or any part of it shall be deemed to be the prescribed locality;
(b) The Regional Municipality of Haldimand-Norfolk and its area municipalities shall be deemed to be municipalities; and
(c) The Regional Municipality of Haldimand-Norfolk shall be deemed to be a county and its area municipalities shall be deemed to be local municipalities.
Implementation
(14) The commission shall ensure that the restructuring plan is implemented on or before January 1, 2001.
Regulations
(15) The Minister may, for the purposes of this section, make regulations,
(a) establishing the commission;
(b) providing for the composition of the commission, which may be composed of one person;
(c) prescribing matters with respect to the dissolution of the regional municipality and the restructuring of the area municipalities that are required to be contained in a restructuring proposal or plan under this section;
(d) establishing types of restructuring;
(e) prescribing requirements for the full cost analysis that is required to be contained in a restructuring proposal or plan under this section;
(f) authorizing the commission to determine its costs and to apportion the costs among the regional municipality and its area municipalities;
(g) providing that the regional municipality or an area municipality in the regional municipality,
(i) shall not exercise a specified power under any Act,
(ii) shall exercise, in the specified manner, a specified power under any Act, and
(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;
(h) respecting any matter necessary to facilitate the implementation of a restructuring proposal or plan under this section, including matters governing the dissolution of the regional municipality and the restructuring of the area municipalities.
Scope
(16) A regulation under subsection (15) may be general or particular in its application.
Procedures
(17) The Minister may require that the commission follow the procedures that the Minister provides.
Debt
(18) Costs that the commission apportions to a municipality are a debt of the municipality to the Crown.
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Saving Local Government in Norfolk and Haldimand Act, 1998.
EXPLANATORY NOTE
The Bill allows The Regional Municipality of Haldimand-Norfolk and its area municipalities to make a restructuring proposal to dissolve the regional municipality and to restructure the area municipalities by submitting the proposal to the Minister of Municipal Affairs and Housing by November 1, 1999. The Minister is required to implement the proposal by January 1, 2001.
If no municipality makes a restructuring proposal, the Minister is required to establish a commission to develop a restructuring plan. The commission is required to make orders to implement the plan by January 1, 2001.
Both a restructuring proposal and a restructuring plan must provide for the dissolution of the present regional municipality and its restructuring into at least two municipalities and follow a process of public consultation specified in the Bill.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.