[38] Bill 130 Royal Assent (PDF)

Bill 130 2006

An Act to amend various Acts in relation to municipalities

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1.  This Act consists of this section, sections 2 and 3, and the Schedules to this Act.

Commencement

2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2)  The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

(3)  If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3.  The short title of this Act is the Municipal Statute Law Amendment Act, 2006.

SCHEDULE A
AMENDMENTS TO THE MUNICIPAL ACT, 2001

1.  (1)  The definition of "economic development services" in subsection 1 (1) of the Municipal Act, 2001 is repealed and the following substituted:

"economic development services" means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; ("services de développement économique")

(2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

"business licensing by-law" means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; ("règlement sur les permis d'entreprise")

"licence", in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning; ("permis")

"power", in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; ("pouvoir")

(3)  The French version of the definition of "local board" in subsection 1 (1) of the Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

2.  Section 2 of the Act is repealed and the following substituted:

Purposes

2.  Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.

3.  The Act is amended by adding the following section:

Agreements with the federal government

3.1  The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality's jurisdiction.

4.  Section 4 of the Act is amended by adding the following subsection:

Non-application

(2)  The Corporations Act and the Corporations Information Act do not apply to a municipality.

5.  Subsection 5 (3) of the Act is amended by striking out "section 8" and substituting "section 9".

6.  Subsections 7 (3) and (4) of the Act are repealed and the following substituted:

Override power

(3)  Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act.

Same

(4)  Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999.

7.  Subsection 7.1 (3) of the Act is amended by adding "and, when defined in any other Act or regulation as having the same meaning as in the Municipal Act, 2001, include the City of Toronto" at the end.

8.  Sections 8, 9, 10 and 11 of the Act are repealed and the following substituted:

Scope of powers

8.  (1)  The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues.

Ambiguity

(2)  In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force.

Scope of by-law making power

(3)  Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;

(b) require persons to do things respecting the matter;

(c) provide for a system of licences respecting the matter.

Scope of by-laws generally

(4)  Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.

Exception

(5)  Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII.

Powers of a natural person

9.  A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.

Broad authority, single-tier municipalities

10.  (1)  A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public.

By-laws

(2)  A single-tier municipality may pass by-laws respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

9. Animals.

10. Structures, including fences and signs.

11. Business licensing.

One power not affecting another

(3)  The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2).

Services or things provided by others

(4)  The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.

Exception

(5)  Nothing in subsection (4) prevents a municipality from passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.

Definition

(6)  In this section,

"local board" means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act, or

(f) a corporation established in accordance with section 203.

Broad authority, lower-tier and upper-tier municipalities

11.  (1)  A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4).

By-laws

(2)  A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

By-laws re: matters within spheres of jurisdiction

(3)  A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic development services.

11. Business licensing.

Rules

(4)  The following are the rules referred to in subsections (1), (2) and (3):

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table to this section, the upper-tier municipality does not have the power to pass by-laws under that sphere or part and does not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table to this section, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part and do not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table to this section, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. If a lower-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, its upper-tier municipality does not have the power to pass the by-law under this section.

5. If an upper-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, a lower-tier municipality of the upper-tier municipality does not have the power to pass the by-law under this section.

6. Paragraphs 4 and 5 apply to limit the powers of a municipality despite the inclusion of the words "without limiting sections 9, 10 and 11" or any similar form of words in the specific provision.

7. The power of a municipality with respect to the following matters is not affected by paragraph 4 or 5, as the case may be:

i. prohibiting or regulating the placement or erection of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway,

ii. any other matter prescribed by the Minister.

One power not affecting another

(5)  The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) or (3) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2) or (3).

Services or things provided by others

(6)  The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.

Services or things provided by other tier

(7)  The power of a municipality to pass a by-law under subsection (3) under each sphere of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere.

Services or things provided by others

(8)  The power of a municipality to pass a by-law under subsection (3) under the following spheres of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by any person, other than the municipality or a municipal service board of the municipality, of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways.

Exception

(9)  Nothing in subsection (6), (7) or (8) prevents a municipality passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.

Definition

(10)  In this section,

"local board" means a local board as defined in section 10.

Regulations

(11)  The Minister may make regulations prescribing matters for the purpose of subparagraph 7 ii of subsection (4).

TABLE

Sphere of Jurisdiction

Part of Sphere Assigned

Upper-tier Municipality (ies) to which Part of Sphere assigned

Exclusive or Non-Exclusive Assignment

1. Highways, including parking and traffic on highways

Whole sphere

All upper-tier municipalities

Non-exclusive

2. Transportation systems, other than highways

Airports

All upper-tier municipalities

Non-exclusive

 

Ferries

All upper-tier municipalities

Non-exclusive

 

Disabled passenger transportation systems

Peel, Halton

Non-exclusive

 

Whole sphere, except airports and ferries

Waterloo, York

Exclusive

3. Waste management

Whole sphere, except waste collection

Durham, Halton, Lambton, Oxford, Peel, Waterloo, York

Exclusive

4. Public utilities

Sewage treatment

All counties, Niagara, Waterloo, York

Non-exclusive

   

Durham, Halton, Muskoka, Oxford, Peel

Exclusive

 

Collection of sanitary sewage

All counties, Niagara, Waterloo, York

Non-exclusive

   

Durham, Halton, Muskoka, Oxford, Peel

Exclusive

 

Collection of storm water and other drainage from land

All upper-tier municipalities

Non-exclusive

 

Water production, treatment and storage

All upper-tier municipalities except counties

Exclusive

 

Water distribution

Niagara, Waterloo, York

Non-exclusive

 

Oxford, Durham, Halton, Muskoka, Peel

Exclusive

5. Culture, parks, recreation and heritage

Whole sphere

All upper-tier municipalities

Non-exclusive

6. Drainage and flood control, except storm sewers

Whole sphere

All upper-tier municipalities

Non-exclusive

7. Structures, including fences and signs

Whole sphere, except fences and signs

Oxford

Non-exclusive

8. Parking, except on highways

Municipal parking lots and structures

All upper-tier municipalities

Non-exclusive

9. Animals

None

None

 

10. Economic development services

Promotion of the municipality for any purpose by the collection and dissemination of information

Durham

Exclusive

All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York

Non-exclusive

Acquisition, development and disposal of sites for industrial, commercial and institutional uses

Durham

Exclusive

Halton, Lambton, Oxford

Non-exclusive

11. Business licensing

Owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire

Taxicab brokers

Salvage business

Second-hand goods business

Niagara, Waterloo

Exclusive

Drainage business, plumbing business

York

Exclusive

Lodging houses, septic tank business

York

Non-exclusive

______________

Definitions

11.1  In this Part,

"animal" means any member of the animal kingdom, other than a human; ("animal")

"drainage business" means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; ("entreprise de drainage")

"lodging house" means a nursing home and any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, nursing home, home for the young or the aged or institution if it is licensed, approved or supervised under any other Act; ("pension")

"plumbing business" means plumbing contractors and plumbers certified under the Trades Qualification and Apprenticeship Act to do plumbing work or a person with equivalent qualifications by training or experience; ("entreprise de plomberie")

"salvage business" means salvage shops and salvage yards, including an automobile wrecking yard or premises; ("entreprise de récupération")

"second-hand goods" includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage; ("marchandises usagées")

"second-hand goods business" means second-hand goods shops and dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods; ("entreprise de marchandises usagées")

"septic tank business" means persons who carry on the business of providing septic tank cleaning and pumping services; ("entreprise de fosses septiques")

"taxicab broker" means a person who accepts calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person's employer. ("agent de taxi")

9.  Section 13 of the Act is repealed and the following substituted:

General Restrictions

Conflict between certain by-laws

13.  (1)  If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict.

Example

(2)  Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality.

Overlapping powers

(3)  For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3).

Inoperative by-law

13.1  (1)  A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2).

Overlapping powers

(2)  For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2).

10.  Section 14 of the Act is amended by adding the following subsection:

Same

(2)  Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument.

11.  (1)  Subsection 15 (1) of the Act is amended by striking out "section 8 or 11" wherever it appears and substituting in each case "section 9, 10 or 11".

(2)  Section 15 of the Act is amended by adding the following subsection:

Interpretation

(1.1)  For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision.

(3)  Clause 15 (2) (b) of the Act is amended by striking out "section 8 or 11" and substituting "section 9, 10 or 11".

(4)  Subsection 15 (4) of the Act is repealed and the following substituted:

Interpretation

(4)  Subsection (1) applies to limit the powers of a municipality despite the inclusion of the words "without limiting sections 9, 10 and 11" or any similar form of words in the specific provision.

Fences, signs, etc.

(5)  The power to pass a by-law under section 9, 10 or 11 with respect to fences and signs and such other matters as may be prescribed is not affected by this section.

Regulations

(6)  The Minister may make regulations prescribing matters for the purpose of subsection (5).

12.  Section 16 of the Act is repealed.

13.  Section 17 of the Act is repealed and the following substituted:

Restrictions, financial matters

17.  (1)  Sections 9, 10 and 11 do not authorize a municipality to,

(a) impose taxes;

(b) borrow or invest money or sell debt;

(c) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking;

(d) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(e) make a grant or a loan;

(f) take any other prescribed financial action;

(g) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(h) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act.

Regulations

(2)  The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f).

14.  Subsection 22 (3) of the Act is amended by adding "under a program established and administered by the Province of Ontario" at the end.

15.  Part II of the Act is amended by adding the following sections:

Delegation of Powers and Duties

General power to delegate

23.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part.

Scope of power

(2)  The following rules apply to a by-law delegating any of the municipality's powers or duties:

1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality's power to revoke the delegation.

2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation.

3. A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power.

4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the municipality and the delegate.

5. A delegation may be made subject to such conditions and limits as the council of a municipality considers appropriate.

6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power.

Same

(3)  The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:

1. A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 5 (3).

2. Procedures that the delegate is required to follow.

3. The accountability of the delegate and the transparency of the delegate's actions and decisions.

Restriction re delegation of legislative and quasi-judicial powers

23.2  (1)  Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

(a) one or more members of its council or a council committee;

(b) a body having at least two members of whom at least 50 per cent are,

(i) members of its council,

(ii) individuals appointed by its council,

(iii) a combination of individuals described in subclauses (i) and (ii); or

(c) an individual who is an officer, employee or agent of the municipality.

Restriction re applicable Acts

(2)  For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed.

Restriction re certain corporations

(3)  Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 203.

Restriction re officers, employees, etc.

(4)  No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of the council of the municipality, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, the council, in addition to any other factors it wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power.

Same

(5)  Without limiting subsection (4), the following are examples of powers considered to be of a minor nature:

1. The power to close a highway temporarily.

2. The power to issue and impose conditions on a licence.

3. The powers of the council of a municipality that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002:

i. Paragraphs 107, 108, 109 and 110 of section 210.

ii. Paragraph 3 of section 308.

iii. Subsection 312 (2) and clauses 312 (4) (a) and (b).

Regulations

(6)  The Minister may make regulations prescribing Acts for the purpose of subsection (2).

Powers that cannot be delegated

23.3  (1)  Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties:

1. The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.

2. The power to pass a by-law under Parts VIII, IX and X.

3. The power to incorporate corporations in accordance with section 203.

4. The power to adopt an official plan or an amendment to an official plan under the Planning Act.

5. The power to pass a zoning by-law under the Planning Act.

6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and (7).

7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.

8. The power to adopt or amend the budget of the municipality.

9. Any other power or duty that may be prescribed.

Delegation of administrative powers

(2)  Nothing in subsection (1) prevents a municipality from delegating its administrative powers.

Regulations

(3)  The Minister may make regulations,

(a) restricting or imposing conditions on the power of a municipality to delegate its power and duties; and

(b) prescribing powers and duties for the purpose of paragraph 9 of subsection (1).

Effect of delegation to municipal service boards

23.4  (1)  When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board.

Limitation

(2)  If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act,

(a) authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so;

(b) removes from the municipality its power to finance the capital and operating costs of providing the service or activity as if the municipality had control and management of the service or activity; or

(c) removes from the municipality its power to deal with real and personal property in connection with the service or activity as if the municipality had control and management of the service or activity.

Delegation re hearings

Application

23.5  (1)  This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.

Delegation authorized

(2)  Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.

Rules re effect of delegation

(3)  If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the municipality is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.

16.  (1)  Subsection 31 (1) of the Act is repealed.

(2)  Subsection 31 (2) of the Act is amended by striking out "passed under subsection (1)" and substituting "establishing the highway".

17.  Section 33 of the Act is repealed.

18.  Sections 34, 35, 36, 37, 38 and 39 of the Act are repealed and the following substituted:

Highway closing procedures

34.  (1)  A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.

Consent

(2)  A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway,

(a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or

(b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.

Restricting common law right of passage

35.  Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.

19.  Subsection 40 (1) of the Act is amended by striking out "Subject to sections 36 to 39" at the beginning.

20.  Sections 41 and 42 of the Act are repealed.

21.  Section 46 of the Act is amended by striking out "44 (6) to (15)" and substituting "44 (8) to (15)".

22.  Sections 47 and 49 of the Act are repealed.

23.  Subsection 51 (1) of the Act is repealed and the following substituted:

Restriction, farming vehicles

(1)  Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality.

24.  Section 57 of the Act is repealed.

25.  Section 59 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

26.  Subsection 62 (2) of the Act is amended by striking out "Despite clause 431 (a)" at the beginning.

27.  Section 63 of the Act is repealed and the following substituted:

Impounding of objects, vehicles on highway

63.  (1)  If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.

Exception

(2)  Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality.

Entry on land

(3)  The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1).

Sale of impounded object, etc.

(4)  Despite subsection (1), if the removed object or vehicle, other than a motor vehicle, is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality.

Perishable objects

(5)  Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the municipality upon removal and may be destroyed or given to a charitable institution.

Exception

(6)  Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.

28.  Subsection 69 (7) of the Act is repealed and the following substituted:

Power exercised outside municipality re buses, ferries

(7)  Despite subsection (1) and section 19 and subject to the Public Vehicles Act, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario.

29.  Section 70 of the Act is repealed and the following substituted:

Airports

70.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to airports in the municipality, in another municipality or in unorganized territory.

30.  Section 74 of the Act is repealed and the following substituted:

Power exercised outside municipality re waste management

74.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 3 of subsection 11 (3) in relation to waste management in the municipality, in another municipality or in unorganized territory.

31.  Subsection 75 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

32.  Section 77 of the Act is repealed.

33.  (1)  Subsection 81 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 81 (2) of the Act is amended by adding "and without limiting sections 9, 10 and 11" after "subsection (1)".

34.  Section 83 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

35.  Section 92 of the Act is repealed.

36.  Section 94 of the Act is repealed and the following substituted:

Power exercised outside municipality re culture, parks, etc.

94.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3) in relation to culture, parks, recreation and heritage in the municipality, in another municipality or in unorganized territory.

37.  Clause 95 (2) (d) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

38.  Section 96 of the Act is repealed and the following substituted:

Power exercised outside municipality, flood control

96.  Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 6 of subsection 11 (3) in relation to flood control in the municipality, in another municipality or in unorganized territory.

39.  Section 99 of the Act is repealed and the following substituted:

Advertising devices

99.  (1)  A by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration.

Lien for costs and charges

(2)  All costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act.

Disposal costs

(3)  All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the municipality as a debt owed by the owner of the device.

40.  The Act is amended by adding the following section:

Demolition and conversion of residential rental properties

99.1  (1)  A local municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property.

Same

(2)  The power to pass a by-law respecting a matter described in subsection (1) includes the power,

(a) to prohibit the demolition of residential rental properties without a permit;

(b) to prohibit the conversion of residential rental properties to a purpose other than the purpose of a residential rental property without a permit; and

(c) to impose conditions as a requirement of obtaining a permit.

Restriction

(3)  The municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units.

Effect of building code, etc.

(4)  Despite section 35 of the Building Code Act, 1992, in the event that the Building Code Act, 1992 or a regulation made under that Act and a by-law prohibiting or regulating the demolition or conversion of a residential rental property treat the same subject-matter in different ways, that Act or the regulation under that Act prevails and the by-law is inoperative to the extent that the Act or regulation and the by-law treat the same subject-matter.

Same

(5)  If a permit to demolish a residential rental property is issued under this section, no permit is required under section 8 of the Building Code Act, 1992 to demolish the property.

Report

(6)  The municipality shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister and shall do so at the times and in the form and manner specified by the Minister.

41.  Section 100 of the Act is repealed and the following substituted:

Parking lots

100.  Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition.

42.  Subsection 100.1 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

43.  Subsections 101 (1) and (2) of the Act are repealed and the following substituted:

Impounding vehicles parked

(1)  If a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner's expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.

Entry on land

(2)  A municipality may enter on land at reasonable times for the purposes described in subsection (1).

44.  Section 102 of the Act is repealed and the following substituted:

Disabled parking permits

102.  (1)  If a municipality passes a by-law for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made under it.

Designated parking spaces

(2)  Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying a disabled parking permit and if it does so, the local municipality shall prescribe the conditions of use of the disabled parking permit and shall prohibit the improper use of the permit.

Removal of vehicle

(3)  A by-law passed in accordance with subsection (2) may provide for the removal and impounding of any vehicle, at its owner's expense, parked or left contrary to the by-law.

45.  The Act is amended by adding the following section:

Administrative penalties, parking by-laws

102.1  (1)  Without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles.

Limitation

(2)  Despite subsection (1), the municipality does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by-laws respecting the parking, standing or stopping of vehicles until a regulation is made under subsection (3).

Regulations

(3)  Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties;

(b) imposing conditions and limitations on a municipality's powers with respect to administrative penalties;

(c) providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to a municipality.

Conflict

(4)  In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails.

46.  (1)  Subsection 103 (1) of the Act is amended by striking out "and" at the end of subclause (b) (iii), by adding "and" at the end of clause (a) and by repealing clause (c).

(2)  Subsection 103 (2) of the Act is repealed and the following substituted:

Definition

(2)  In this section,

"animal" has the same meaning as in section 11.1.

47.  Section 104 of the Act is repealed.

48.  Subsection 105 (3) of the Act is repealed.

49.  Subsection 107 (2) of the Act is amended by adding the following clause:

(c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council;

50.  Sections 108 and 109 of the Act are repealed and the following substituted:

Small business counselling

108.  (1)  Without limiting sections 9, 10 and 11 and despite section 106, a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality.

Small business programs

(2)  Without limiting sections 9, 10 and 11, a municipality may do the following things in order to encourage the establishment and initial growth of small businesses or any class of them in the municipality:

1. With the approval of the Minister, establish and maintain programs for that purpose.

2. Participate in programs administered by the Crown in right of Ontario.

Permitted actions

(3)  Without limiting sections 9, 10 and 11, a municipality may do the following for the purposes of a program referred to in subsection (2):

1. Acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses or for a corporation described in paragraph 4.

2. Despite section 106, to make grants to corporations described in paragraph 4.

3. Lease land to small businesses included in a program.

4. Enter into leases of land and other agreements related to the program with a corporation without share capital established by the municipality in accordance with section 203 for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the municipality.

5. Sell, lease or otherwise dispose of any personal property of the municipality to an eligible small business or to a corporation described in paragraph 4 or provide for the use of such property by the small business or corporation.

6. Provide for the use of the services of any municipal employee by an eligible small business or by a corporation described in paragraph 4.

7. Establish a municipal service board under this Act to administer a program or to administer the municipality's participation in a program referred to in subsection (2).

8. Appoint one or more of the directors of a corporation described in paragraph 4.

Grant includes loans

(4)  The power to make grants under paragraph 2 of subsection (3) includes the power to make loans, to charge interest on the loans and to guarantee loans.

Same

(5)  A corporation described in paragraph 4 of subsection (3) that leases any building or structure from the municipality shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2).

Availability of assistance

(6)  Despite section 106, a lease of land, the sale, lease or other disposition of personal property or the use of personal property or personal services under subsection (3) may be made or provided at less than fair market value.

Limitation

(7)  Subsection (6) ceases to apply to an eligible small business on the third anniversary of the day it first occupied premises leased to it under this section.

Municipal service board

(8)  The power of a municipality to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be delegated to the municipal service board described in paragraph 7 of subsection (3), despite section 23.1.

Interpretation

(9)  A business is an eligible small business if it is included in a program referred to in subsection (2) and it is in occupation of premises leased to it under this section.

51.  Subsection 110 (1) of the Act is repealed and the following substituted:

Agreements for municipal capital facilities

(1)  This section applies to an agreement entered into by a municipality for the provision of municipal capital facilities by any person, including another municipality, if the agreement provides for one or more of the following:

1. Lease payments in foreign currencies as provided for in subsection (2).

2. Assistance as provided for in subsection (3).

3. Tax exemptions as provided for in subsection (6).

4. Development charges exemptions as provided for in subsection (7).

52.  (1)  Subsection 111 (1) of the Act is amended by striking out "or Oxford".

(2)  Subsection 111 (2) of the Act is amended by striking out "upper-tier municipalities of Durham and Oxford" and substituting "upper-tier municipality of Durham".

53.  Section 112 of the Act is repealed and the following substituted:

Industrial, commercial and institutional sites

112.  Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence.

54.  Section 113 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

55.  Section 114 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

56.  (1)  Subsection 115 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 115 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Scope of by-law

(4)  Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may,

. . . . .

(3)  Subsections 115 (7) and (8) of the Act are repealed.

57.  Subsection 116 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

58.  Section 117 of the Act is repealed.

59.  Section 118 of the Act is repealed and the following substituted:

Scaffolding, trenches, safety devices

118.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the construction and use of scaffolding and any other thing used in constructing, repairing or altering buildings or other structures;

(b) regulate the excavating, construction and use of trenches;

(c) require and regulate the installation, maintenance and use of safety devices on buildings for persons cleaning the outside of windows;

(d) prohibit the activities described in this section unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

60.  Section 119 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

61.  (1)  Subsection 120 (1) of the Act is repealed and the following substituted:

Explosives

(1)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the manufacture of explosives in the municipality;

(b) prohibit and regulate the storage of explosives and dangerous substances in the municipality;

(c) regulate the keeping and transportation of explosives and dangerous substances in the municipality;

(d) prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

(2)  Subsection 120 (3) of the Act is repealed.

62.  Section 121 of the Act is repealed and the following substituted:

Fireworks

121.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the sale of fireworks and the setting off of fireworks;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

63.  Subsection 122 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

64.  Section 123 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

65.  Subsections 124 (1) and (2) of the Act are repealed and the following substituted:

Pits and quarries

(1)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the operation of a pit or a quarry;

(b) require the owner of a pit or a quarry that has not been in operation for a period of 12 consecutive months to level and grade the floor and sides of it and the area beyond the edge or rim that is specified in the by-law.

66.  Sections 125 and 126 of the Act are repealed and the following substituted:

Heating and cooking appliances

125.  Without limiting sections 9, 10 and 11, a local municipality may regulate,

(a) the use and installation of heating and cooking appliances;

(b) the storage of fuel for use in heating and cooking appliances.

Public fairs and events

126.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate cultural, recreational and educational events including public fairs;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

67.  Section 127 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

68.  Section 128 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

69.  Sections 129, 130 and 131 of the Act are repealed and the following substituted:

Noise, odour, dust, etc.

129.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and

(b) prohibit the matters described in clause (a) unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

. . . . .

Wrecking, salvaging of motor vehicles

131.  Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition.

70.  (1)  Subsection 133 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 133 (3) of the Act is repealed.

(3)  Subsections 133 (6), (7), (8) and (9) of the Act are repealed and the following substituted:

Period for compliance for existing fortifications

(6)  If a municipality makes an order to do work under subsection 445 (1) with respect to a contravention of the by-law, the order shall give not less than three months to complete the work if the fortifications or protective elements were present on the land on the day the by-law is passed.

71.  (1)  Subsections 135 (1) and (2) of the Act are repealed and the following substituted:

Tree by-laws

(1)  Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.

Woodlands

(2)  Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.

(2)  Subsection 135 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Conditions

(7)  Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

. . . . .

(3)  Subsection 135 (11) of the Act is repealed.

72.  Sections 136, 137 and 138 of the Act are repealed.

73.  Section 139 of the Act is amended by striking out "and to charge the lower-tier municipality the whole or any part of the costs of the officers" at the end.

74.  Section 140 of the Act is amended by striking out "and to charge the upper-tier municipality the whole or any part of the costs of the officers" at the end.

75.  Section 141 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

76.  (1)  Subsection 142 (2) of the Act is repealed and the following substituted:

Powers of local municipality

(2)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(c) prohibit or regulate the alteration of the grade of the land;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; and

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site.

(2)  Subsection 142 (4) of the Act is repealed.

77.  Sections 143 and 144 of the Act are repealed.

78.  Section 145 of the Act is amended by striking out "and to charge the lower-tier municipality the whole or any part of the costs of the officers" at the end.

79.  Section 146 of the Act is amended by striking out "and to charge the upper-tier municipality the whole or any part of the costs of the officers" at the end.

80.  (1)  Subsection 147 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 147 (2) of the Act is repealed.

81.  (1)  Subsection 148 (1) of the Act is repealed and the following substituted:

Hours of closing

(1)  Without limiting sections 9, 10 and 11, a local municipality may require that retail business establishments be closed to the public at any time.

(2)  Subsection 148 (2) of the Act is amended by adding the following definition:

"holiday" has the same meaning as in subsection 1 (1) of the Retail Business Holidays Act; ("jour férié")

(3)  Subsection 148 (3) of the Act is repealed and the following substituted:

Regional municipalities

(3)  Without limiting sections 9, 10 and 11, if a regional municipality has passed a by-law under subsection 1.2 (1) of the Retail Business Holidays Act providing that that Act does not apply to the regional municipality, the regional municipality may require that retail business establishments be closed to the public on a holiday.

Effect on by-law of local municipality

(3.1)  If a regional municipality passes a by-law under subsection (3), a by-law passed by a local municipality under subsection (1) respecting the closing of a retail business establishment on a holiday is of no effect.

(4)  Subsection 148 (4) of the Act is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following clause:

(c) any other prescribed goods or services.

(5)  Subsection 148 (5) of the Act is repealed and the following substituted:

Regulations

(5)  The Minister may make regulations prescribing goods and services for the purpose of clause (4) (c).

82.  Part IV of the Act is repealed and the following substituted:

PART IV
LICENCES

Definition

150.  In this Part,

"business" means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes,

(a) trades and occupations,

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise,

(c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader,

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.

Powers re licences

151.  (1)  Without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may,

(a) prohibit the carrying on or engaging in the business without a licence;

(b) refuse to grant a licence or to revoke or suspend a licence;

(c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence;

(d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;

(e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence;

(f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and

(g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality.

Power to suspend a licence

(2)  Without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), if a municipality is satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the municipality may, for the time and on such conditions as it considers appropriate, without a hearing, suspend a licence subject to the following:

1. Before suspending the licence, the municipality shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them.

2. The suspension shall not exceed 14 days.

Same

(3)  Despite subsection (2) and without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), the municipality may, on such conditions as it considers appropriate, without a hearing, suspend a licence authorizing a business to operate on a highway or other property of the municipality or its local boards for a period not exceeding 28 days for the following reasons:

1. The holding of a special event.

2. The construction, maintenance or repair of the property.

3. The installation, maintenance or repair of a public utility or service.

4. Pedestrian, vehicular or public safety or public health.

Exercise of power

(4)  The exercise of a power under clause (1) (b), (d), (e) or (g) is in the discretion of the municipality, and the municipality shall exercise its discretion,

(a) upon such grounds as are set out by by-law; or

(b) in the case of a power under clause (1) (b), (d) or (e), upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity.

Application re system of licences

(5)  Subsections (1) to (4) apply with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business.

Proviso

(6)  Nothing in this section authorizes an upper-tier or a lower-tier municipality to pass a business licensing by-law with respect to a business if the other municipality has exclusive authority to pass a business licensing by-law with respect to the business under paragraph 11 of subsection 11 (3).

Same

(7)  Subsection (6) does not prevent a municipality from providing for a system of licences for a business under any other by-law, other than a business licensing by-law.

Restriction re systems of licences

152.  (1)  A municipality shall not pass a business licensing by-law providing for a system of licences which makes it illegal for a business listed below to carry on or engage in the business without a licence:

1. A manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail.

2. The sale of goods by wholesale.

3. The generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.

Same

(2)  Nothing in subsection (1) prevents a municipality from providing for a system of licences for a business under any by-law, other than a business licensing by-law.

Limitation re location of business

153.  (1)  Despite sections 9, 10, 11 and 151, a municipality shall not, except as otherwise provided, refuse to grant a licence for a business under this Act by reason only of the location of the business.

Compliance with land use control by-law

(2)  Despite subsection (1), a by-law providing for a system of licences for a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act or any other Act.

Continuation

(3)  Despite subsection (2), a municipality shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location.

Restrictions re adult entertainment establishments

154.  (1)  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to adult entertainment establishments, may,

(a) despite section 153, define the area of the municipality in which adult entertainment establishments may or may not operate and limit the number of adult entertainment establishments in any defined area in which they are permitted; and

(b) prohibit any person carrying on or engaged in an adult entertainment establishment business from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it.

Premises

(2)  Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business,

(a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or

(b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body, are performed, offered or solicited in the premises or part of the premises, excluding premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario.

Power of entry

(3)  Despite subsection 436 (1), a local municipality may exercise its administrative power of entry under section 436 at any time of the day or night to enter an adult entertainment establishment.

Evidence rule

(4)  For the purpose of a prosecution or proceeding under a by-law with respect to adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment.

Licensing tow trucks, etc.

155.  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and

(b) provide for the collection of the rates or fares charged for the conveyance.

Licensing taxicabs

156.  (1)  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to the owners and drivers of taxicabs, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality;

(b) provide for the collection of the rates or fares charged for the conveyance; and

(c) limit the number of taxicabs or any class of them.

Restriction

(2)  A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet both of the following criteria:

1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality.

2. The conveyance is made pursuant to a written contract for the use of a taxicab which can legally operate in the municipality in which the conveyance begins or ends.

Airports

(3)  A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if,

(a) the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or

(b) the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority.

Mississauga

(4)  No business licensing by-law passed by the City of Mississauga with respect to the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport.

Reciprocal licensing arrangement

157.  (1)  If a municipality and the police services board of the municipality agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police services board or another body performing a public function prescribed by the Minister, the municipality or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.

Delegation

(2)  A municipality may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality.

Regulations

(3)  For the purpose of this section, the Minister may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the municipality to enter into agreements with those bodies.

Regulations

158.  (1)  The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses;

(b) imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business;

(c) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification.

Scope

(2)  A regulation under this section may,

(a) be retroactive for a period not exceeding one year;

(b) require a municipality to return licence fees collected during that period; and

(c) require a municipality to use the licence fees in the prescribed manner.

Conflicts

159.  If there is a conflict between a provision in this Act and a provision of any other Act authorizing a municipality to license a business, the provision that is less restrictive of a municipality's power prevails.

Other by-laws

160.  Sections 9, 10, 11 and 150 to 159 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act.

Regional Municipality of Waterloo

161.  A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.

Regional Municipality of York

162.  (1)  A business licensing by-law of The Regional Municipality of York with respect to a lodging house, as defined in section 11.1, has no force in a lower-tier municipality in which a business licensing by-law passed by the lower-tier municipality is in force in respect of the same lodging house.

Same

(2)  A lower-tier municipality in The Regional Municipality of York may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.

Restrictions re group homes

163.  (1)  A municipality shall not pass a business licensing by-law for group homes unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality.

Same

(2)  A business licensing by-law for group homes may prohibit a person from carrying on the business of a group home without a licence and may provide for the following conditions, but shall not provide for any additional conditions concerning the operation of the group home:

1. The by-law may require the payment of licence fees.

2. The by-law may require a licensee or an applicant for a licence to give the municipality such information as the municipality considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant.

Definition

(3)  In this section,

"group home" means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being.

Trailers

164.  (1)  Without limiting sections 9, 10 and 11, a local municipality may prohibit or licence trailers located in the municipality.

Restriction

(2)  If a municipality licenses trailers in the municipality, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act.

Restriction, trailer camps

(3)  If a municipality licenses trailer camps under a business licensing by-law and imposes a licence fee for each lot in the trailer camp to be occupied by one trailer, no licence fee shall be charged in respect of a lot that is to be made available only for a trailer that is assessed under the Assessment Act.

Definitions

(4)  In this section,

"trailer" means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed; ("roulotte")

"trailer camp" means any land on which a trailer is kept. ("parc à roulottes")

Motor vehicle racing

165.  Without limiting sections 9, 10 and 11, a local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.

83.  (1)  Subsection 173 (5) of the Act is repealed and the following substituted:

Amendment of restructuring proposal

(5)  After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.

(2)  Subsection 173 (7) of the Act is repealed and the following substituted:

Same

(7)  If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section.

84.  (1)  Clause 186 (1) (b) of the Act is repealed and the following substituted:

(b) prevails over any Act or regulation with which it conflicts except,

(i) this section and regulations made under this section,

(ii) sections 171 to 185, and

(iii) regulations made under sections 171 to 185.

(2)  Subsection 186 (2) of the Act is repealed and the following substituted:

Exception

(2)  Despite clause (1) (b), a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182.

85.  Subsections 187 (1) and (2) of the Act are repealed and the following substituted:

Change of name

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to change its name so long as the new name is not the same as the name of another municipality.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act or any regulation made under any other Act, the by-law prevails.

86.  (1)  The definition of "municipal service" in subsection 194 (1) of the Act is repealed.

(2)  The definition of "public utility" in subsection 194 (1) of the Act is amended by striking out "subsection 195 (1)" and substituting "section 195".

(3)  Subsection 194 (2) of the Act is repealed.

87.  Sections 195, 196, 197, 198, 199, 200 and 201 of the Act are repealed and the following substituted:

Municipal service boards

195.  A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, are deemed to be municipal service boards established under this Act and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day.

Power to establish municipal service boards

196.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish a municipal service board and to provide for the following matters:

1. The name, composition, quorum and budgetary process of the board.

2. The eligibility of persons to hold office as board members.

3. The manner of selecting board members, the resignation of members, the determination of when a member's seat becomes vacant and the filling of vacancies.

4. The term of office and remuneration of board members.

5. The number of votes of the board members.

6. The requirement that the board follow rules, procedures and policies established by the municipality.

7. The relationship between the municipality and the board, including their financial and reporting relationship.

Restriction

(2)  A municipal service board must be composed of at least two members.

Same, election of members

(3)  A municipality cannot require any member of a municipal service board to be elected to that office under the Municipal Elections Act, 1996.

Same, term of office

(4)  The term of office of a member of a municipal service board cannot exceed four years but members may be eligible for appointment for more than one term.

Same

(5)  Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board.

Same

(6)  Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a municipal service board and its members as if they were council and members of council: section 242, clauses 259 (1) (c) to (h) and sections 260, 264 and 265.

Status of municipal service boards

197.  (1)  A municipal service board is a body corporate unless the municipality provides otherwise when establishing the board.

Agency

(2)  A municipal service board is an agent of the municipality.

Local board

(3)  A municipal service board is a local board of the municipality for all purposes.

Non-application of Corporations Act, etc.

(4)  The Corporations Act and the Corporations Information Act do not apply to a municipal service board that is a body corporate.

Functions of municipal service boards

198.  (1)  A municipality may give a municipal service board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board in accordance with this Act.

Powers and duties

(2)  The following provisions apply with necessary modifications to a municipal service board, except as otherwise provided by by-law:

1. Section 9.

2. Part XIV (Enforcement), except sections 433, 434, 442 and 447.1.

3. Part XV (Municipal Liability).

Restriction

(3)  A power provided to a municipal service board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.

88.  Section 203 of the Act is repealed and the following substituted:

Powers to Establish Corporations

Power to establish corporations

203.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to do the following things in accordance with such conditions and restrictions as may be prescribed:

1. To establish corporations.

2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation.

3. To exercise any power as a member of a corporation.

4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed.

5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed.

Duties of corporations, etc.

(2)  A corporation established by a municipality and the directors and officers of the corporation shall comply with such requirements as may be prescribed.

Exceptions

(3)  This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation established under Part III of the Social Housing Reform Act, 2000 or any other corporation that a municipality is expressly authorized under any other Act to establish or control.

Regulations

(4)  The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing the corporations established under this section, including regulations,

(a) prescribing the purposes for which a municipality may exercise its powers referred to in this section and imposing conditions and restrictions on the use of those powers;

(b) prescribing the purposes for which a corporation may carry on business or engage in activities;

(c) prescribing securities for the purposes of paragraphs 4 and 5 of subsection (1);

(d) imposing conditions and requirements that apply to a corporation and its directors and officers;

(e) providing that specified corporations are deemed to be or are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of "municipality" in such other Acts as may be specified;

(f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed;

(g) exempting a municipality from the application of section 106 with respect to specified corporations;

(h) providing for transitional matters relating to a municipality's exercise of its powers under section 106 or relating to a specified corporation's exercise of its powers.

Conflict

(5)  If there is a conflict between a regulation made under this section and a provision of this Act, other than this section, or of any other Act or regulation, the regulation made under this section prevails.

89.  Section 204 of the Act is amended by adding the following subsection:

Local board status

(2.1)  A board of management is a local board of the municipality for all purposes.

90.  Section 216 of the Act is repealed and the following substituted:

Dissolution and Change of Local Boards

Power to dissolve or change local boards

216.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding this section and sections 194 to 202, or in the event of a conflict with a regulation made under any other Act, the by-law prevails.

Restriction

(3)  Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that is,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act;

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act;

(c) a committee of management established under the Homes for the Aged and Rest Homes Act;

(d) a police services board established under the Police Services Act;

(e) a board as defined in section 1 of the Public Libraries Act;

(f) a corporation established in accordance with section 203;

(g) such other local boards as may be prescribed.

Exception, City of Greater Sudbury

(4)  Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules:

1. The number shall not be smaller than two or larger than seven.

2. At least one of the members shall also be a member of the council of the City.

3. At least one of the members shall not be a member of the council of the City.

Scope of power to change a local board

(5)  Without limiting sections 9, 10 and 11, the power of a municipality to change a local board under those sections includes the power to pass by-laws with respect to,

(a) the matters described in paragraphs 1 to 7 of subsection 196 (1), subject to the restrictions set out in section 196;

(b) the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality cannot assume the power or duty if it cannot revoke the delegation;

(c) the delegation of a power or duty to the board to the extent authorized under this Act;

(d) the restriction or expansion of the mandate of the board.

Dissolution, etc., of joint board

(6)  If a municipality passes a by-law in accordance with subsection (1) to dissolve or change a local board which is a local board of the municipality and one or more other municipalities,

(a) the by-law does not come into force until at least half of the municipalities, excluding the municipality that passed the by-law, have passed a resolution giving their approval to the by-law; and

(b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board.

Regulations

(7)  For the purposes of this section, the Minister may, despite any Act, make regulations,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the municipality specified in the regulation;

(c) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation;

(d) imposing conditions and limitations on the powers of a municipality under this section;

(e) providing that, for the purposes specified in the regulation, a municipality is deemed to be a local board of the type dissolved or changed under this section;

(f) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section;

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(h) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(j) providing that a municipality or local board pay money to each other or to another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board under this section.

91.  (1)  This section applies only if Bill 51 ( Planning and Conservation Land Statute Law Amendment Act, 2006 ), introduced on December 12, 2005, receives Royal Assent.

(2)  Subsection 216 (3) of the Act, as re-enacted by section 90 of this Act, is amended by adding the following clause:

(c.1) an appeal body established under section 8.1 of the Planning Act;

92.  (1)  Subsection 217 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Composition of council of local municipality

(1)  Without limiting sections 9, 10 and 11, those sections authorize a local municipality to change the composition of its council subject to the following rules:

. . . . .

(2)  Subsection 217 (2) of the Act is repealed.

(3)  The English version of subsection 217 (3) of the Act is amended by striking out "under this section" in the portion before clause (a) and substituting "described in this section".

(4)  Subsection 217 (4) of the Act is amended by striking out "passed under this section" and substituting "described in this section".

93.  (1)  Subsection 218 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Composition of upper-tier council

(1)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules:

. . . . .

(2)  Subsection 218 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Types of changes

(2)  Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to,

. . . . .

(3)  Subsections 218 (3), (4), (5) and (6) of the Act are repealed and the following substituted:

Number of votes

(3)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote.

Term of office

(4)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council.

Regional municipalities

(5)  A regional municipality shall not pass a by-law described in this section until the Minister has, by regulation, authorized the regional municipality to exercise the powers described in this section.

Regulations

(6)  The Minister may make regulations authorizing a regional municipality to exercise any power described in this section.

94.  (1)  Subsection 219 (1) of the Act is amended by striking out "under section 218" and substituting "described in section 218".

(2)  Subsections 219 (2), (3) and (4) of the Act are amended by striking out "passed under section 218" wherever it appears and substituting in each case "described in section 218".

(3)  The English version of the definition of "elector" in subsection 219 (5) of the Act is amended by striking out "under section 218" and substituting "described in section 218".

95.  Section 220 of the Act is repealed and the following substituted:

Change of titles

220.  Without limiting sections 9, 10 and 11, those sections authorize a municipality to change the titles for its head of council and other members of its council.

96.  (1)  Subsections 222 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Wards

Establishment of wards

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to divide or redivide the municipality into wards or to dissolve the existing wards.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section or section 223, any provision of any other Act or a regulation made under any other Act, the by-law prevails.

Notice

(3)  Within 15 days after a by-law described in subsection (1) is passed, the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4).

Appeal

(4)  Within 45 days after a by-law described in subsection (1) is passed, the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections.

(2)  Subsection 222 (8) of the Act is amended by striking out "by-law of a municipality under this section" in the portion before clause (a) and substituting "by-law of a municipality described in this section".

97.  (1)  The French version of subsection 223 (1) of the Act is amended by adding "électoraux" after "en quartiers".

(2)  Subsection 223 (4) of the Act is amended by striking out "30 days" and substituting "90 days".

(3)  Subsection 223 (8) of the Act is amended by striking out "under section 222" at the end and substituting "by by-law described in section 222".

98.  The Act is amended by adding the following Part:

PART V.1
ACCOUNTABILITY AND TRANSPARENCY

Definitions

223.1  In this Part,

"code of conduct" means a code of conduct described in section 223.2; ("code de déontologie")

"grant recipient" means a person or entity that receives a grant directly or indirectly from the municipality, a local board or a municipally-controlled corporation; ("bénéficiaire d'une subvention")

"local board" means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act,

(f) a corporation established in accordance with section 203,

(g) such other local boards as may be prescribed; ("conseil local")

"municipally-controlled corporation" means a corporation that has 50 per cent or more of its issued and outstanding shares vested in the municipality or that has the appointment of a majority of its board of directors made or approved by the municipality, but does not include a local board as defined in subsection 1 (1); ("société contrôlée par la municipalité")

"public office holder" means,

(a) a member of the municipal council and any person on his or her staff,

(b) an officer or employee of the municipality,

(c) a member of a local board of the municipality and any person on his or her staff,

(d) an officer, director or employee of a local board of the municipality, and

(e) such other persons as may be determined by the municipality who are appointed to any office or body by the municipality or by a local board of the municipality. ("titulaire d'une charge publique")

Code of conduct

223.2  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality.

No offence

(2)  A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence.

Integrity Commissioner

223.3  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to,

(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;

(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or

(c) both of clauses (a) and (b).

Powers and duties

(2)  Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Delegation

(3)  The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner's powers and duties under this Part.

Same

(4)  The Commissioner may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  The Commissioner is not required to be a municipal employee.

Inquiry by Commissioner

223.4  (1)  This section applies if the Commissioner conducts an inquiry under this Part,

(a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or

(b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member.

Powers on inquiry

(2)  The Commissioner may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.

Information

(3)  The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry.

Same

(4)  The Commissioner is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for an inquiry.

Penalties

(5)  The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:

1. A reprimand.

2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days.

Same

(6)  The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention.

Duty of confidentiality

223.5  (1)  The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Exception

(2)  Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part.

Section prevails

(3)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

Report to council

223.6  (1)  If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.

Report about conduct

(2)  If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner's opinion are necessary for the purposes of the report.

Publication of reports

(3)  The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public.

Testimony

223.7  Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.

Reference to appropriate authorities

223.8  If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.

Registry

223.9  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish and maintain a registry in which shall be kept such returns as may be required by the municipality that are filed by persons who lobby public office holders.

Requirement to file returns, etc.

(2)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to provide for a system of registration of persons who lobby public office holders and to do the following things:

1. Define "lobby".

2. Require persons who lobby public office holders to file returns and give information to the municipality.

3. Specify the returns to be filed and the information to be given to the municipality by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided.

4. Exempt persons from the requirement to file returns and provide information.

5. Specify activities with respect to which the requirement to file returns and provide information does not apply.

6. Establish a code of conduct for persons who lobby public office holders.

7. Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law.

8. Prohibit a person from lobbying public office holders without being registered.

9. Impose conditions for registration, continued registration or a renewal of registration.

10. Refuse to register a person, and suspend or revoke a registration.

11. Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities.

Access to registry

(3)  The registry described in subsection (1) shall be available for public inspection in the manner and during the time that the municipality may determine.

Prohibition on contingency fees

223.10  Without limiting sections 9, 10 and 11, those sections authorize the municipality to prohibit a person on whose behalf another person undertakes lobbying activities from making payment for the lobbying activities that is in whole or in part contingent on the successful outcome of any lobbying activities.

Registrar for lobbying matters

223.11  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint a registrar who is responsible for performing in an independent manner the functions assigned by the municipality with respect to the registry described in clause 223.9 (1) (a) and the system of registration and other matters described in clause 223.9 (1) (b).

Powers and duties

(2)  Subject to this Part, in carrying out these responsibilities, the registrar may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Delegation

(3)  The registrar may delegate in writing to any person, other than a member of council, any of the registrar's powers and duties under this Part.

Same

(4)  The registrar may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  The registrar is not required to be a municipal employee.

Inquiry by registrar

223.12  (1)  This section applies if the registrar conducts an inquiry under this Part in respect of a request made by council, a member of council or a member of the public about compliance with the system of registration described in clause 223.9 (1) (b) or with a code of conduct established under that clause.

Powers on inquiry

(2)  The registrar may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.

Duty of confidentiality

(3)  Section 223.5 applies, with necessary modifications, with respect to the registrar and every person acting under the instructions of the registrar in the course of conducting an inquiry.

Report

(4)  If the registrar makes a report to a municipality in respect of an inquiry, the registrar may disclose in the report such matters as in the registrar's opinion are necessary for the purposes of the report.

Publication of reports

(5)  The municipality shall ensure that reports received from the registrar are made available to the public.

Testimony

(6)  Neither the registrar nor any person acting under the instructions of the registrar is a competent or compellable witness in a civil proceeding in connection with anything done when conducting an inquiry.

Reference to appropriate authorities

(7)  If the registrar, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the registrar shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.

Ombudsman

223.13  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity.

Powers and duties

(2)  Subject to this Part, in carrying out the functions under subsection (1), the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by the municipality.

Matters to which municipality is to have regard

(3)  In appointing the Ombudsman and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same, Ombudsman

(4)  In carrying out his or her functions under subsection (1), the Ombudsman shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same

(5)  The matters referred to in subsections (3) and (4) are,

(a) the Ombudsman's independence and impartiality;

(b) confidentiality with respect to the Ombudsman's activities; and

(c) the credibility of the Ombudsman's investigative process.

Powers paramount

(6)  The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.

Decisions not reviewable

(7)  Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act or omission,

(a) in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or

(b) of any person acting as legal adviser to the municipality, a local board or a municipally-controlled corporation or acting as counsel to any of them in relation to any proceedings.

Delegation

(8)  The Ombudsman may delegate in writing to any person, other than a member of council, any of the Ombudsman's powers and duties under this Part.

Same

(9)  The Ombudsman may continue to exercise the delegated powers and duties, despite the delegation.

Status

(10)  The Ombudsman is not required to be a municipal employee.

Investigation

223.14  (1)  Every investigation by the Ombudsman shall be conducted in private.

Opportunity to make representations

(2)  The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.

Application of Ombudsman Act

(3)  Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part.

Same

(4)  For the purposes of subsection (3), references in section 19 of the Ombudsman Act to "any governmental organization", "the Freedom of Information and Protection of Privacy Act" and "the Public Service Act" are deemed to be references to "the municipality, a local board or a municipally-controlled corporation", "the Municipal Freedom of Information and Protection of Privacy Act" and "this Act", respectively.

Duty of confidentiality

223.15  (1)  Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Disclosure

(2)  The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.

Section prevails

(3)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

No review, etc.

223.16  No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court.

Testimony

223.17  (1)  The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part.

Same

(2)  Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

Effect on other rights, etc.

223.18  The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure.

Auditor General

223.19  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Auditor General who reports to council and is responsible for assisting the council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations.

Exceptions

(2)  Despite subsection (1), the responsibilities of the Auditor General shall not include the matters described in clauses 296 (1) (a) and (b) for which the municipal auditor is responsible.

Powers and duties

(3)  Subject to this Part, in carrying out his or her responsibilities, the Auditor General may exercise the powers and shall perform the duties as may be assigned to him or her by the municipality in respect of the municipality, its local boards and such municipally-controlled corporations and grant recipients as the municipality may specify.

Grant recipients

(4)  The authority of the Auditor General to exercise powers and perform duties under this Part in relation to a grant recipient applies only in respect of grants received by the grant recipient directly or indirectly from the municipality, a local board or a municipally-controlled corporation after the date on which this section comes into force.

Delegation

(5)  The Auditor General may delegate in writing to any person, other than a member of council, any of the Auditor General's powers and duties under this Part.

Same

(6)  The Auditor General may continue to exercise the delegated powers and duties, despite the delegation.

Status

(7)  The Auditor General is not required to be a municipal employee.

Duty to furnish information

223.20  (1)  The municipality, its local boards and the municipally-controlled corporations and grant recipients referred to in subsection 223.19 (3) shall give the Auditor General such information regarding their powers, duties, activities, organization, financial transactions and methods of business as the Auditor General believes to be necessary to perform his or her duties under this Part.

Access to records

(2)  The Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality, the local board, the municipally-controlled corporation or the grant recipient, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Part.

No waiver of privilege

(3)  A disclosure to the Auditor General under subsection (1) or (2) does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege.

Powers re examination

223.21  (1)  The Auditor General may examine any person on oath on any matter pertinent to an audit or examination under this Part.

Same

(2)  For the purpose of an examination, the Auditor General has the powers that Part II of the Public Inquiries Act confers on a commission, and that Part applies to the examination as if it were an inquiry under that Act.

Duty of confidentiality

223.22  (1)  The Auditor General and every person acting under the instructions of the Auditor General shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Same

(2)  Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required,

(a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or

(b) under the Criminal Code (Canada).

Same

(3)  A person required to preserve secrecy under subsection (1) shall not disclose any information or document disclosed to the Auditor General under section 223.20 that is subject to solicitor-client privilege, litigation privilege or settlement privilege unless the person has the consent of each holder of the privilege.

Section prevails

(4)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

Testimony

223.23  Neither the Auditor General nor any person acting under the instructions of the Auditor General is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.

Regulations

223.24  The Minister may make regulations prescribing local boards for the purposes of the definition of "local board" in section 223.1.

99.  Clause 224 (d) of the Act is repealed and the following substituted:

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

100.  (1)  Clause 225 (b) of the Act is repealed and the following substituted:

(b) to preside over council meetings so that its business can be carried out efficiently and effectively;

(2)  Section 225 of the Act is amended by adding the following clause:

(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);

101.  The Act is amended by adding the following section:

Head of council as chief executive officer

226.1  As chief executive officer of a municipality, the head of council shall,

(a) uphold and promote the purposes of the municipality;

(b) promote public involvement in the municipality's activities;

(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

102.  (1)  Subsection 238 (1) of the Act is amended by striking out the portion before the definition of "committee" and substituting the following:

Procedure by-law

Definitions

(1)  In this section and in sections 239 to 239.2,

. . . . .

(2)  The definition of "meeting" in subsection 238 (1) of the Act is repealed and the following substituted:

"meeting" means any regular, special or other meeting of a council, of a local board or of a committee of either of them. ("réunion")

(3)  Section 238 of the Act is amended by adding the following subsection:

Notice

(2.1)  The procedure by-law shall provide for public notice of meetings.

(4)  Subsection 238 (4) of the Act is repealed and the following substituted:

Presiding officer

(4)  The procedure by-law may, with the consent of the head of council, designate a member of council, other than the head of council, to preside at meetings of council.

Secret ballot

(5)  A presiding officer may be designated by secret ballot.

103.  (1)  Section 239 of the Act is amended by adding the following subsection:

Educational or training sessions

(3.1)  A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

(2)  Clauses 239 (4) (a) and (b) of the Act are repealed and the following substituted:

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

(3)  Section 239 of the Act is amended by adding the following subsections:

Record of meeting

(7)  A municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.

Same

(8)  The record required by subsection (7) shall be made by,

(a) the clerk, in the case of a meeting of council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee.

Record may be disclosed

(9)  Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1).

104.  The Act is amended by adding the following sections:

Investigation

239.1  A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 239.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1).

Investigator

239.2  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.

Powers and duties

(2)  Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Matters to which municipality is to have regard

(3)  In appointing an investigator and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same, investigator

(4)  In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same

(5)  The matters referred to in subsections (3) and (4) are,

(a) the investigator's independence and impartiality;

(b) confidentiality with respect to the investigator's activities; and

(c) the credibility of the investigator's investigative process.

Delegation

(6)  An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part.

Same

(7)  An investigator may continue to exercise the delegated powers and duties, despite the delegation.

Status

(8)  An investigator is not required to be a municipal employee.

Application

(9)  Subsection 223.13 (6) and sections 223.14 to 223.18 apply with necessary modifications with respect to the exercise of functions described in this section.

Report and recommendations

(10)  If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(11)  The municipality or local board shall ensure that reports received under subsection (10) by the municipality or local board, as the case may be, are made available to the public.

105.  Section 242 of the Act is repealed and the following substituted:

Absence of head

242.  A municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality's procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be.

106.  Section 244 of the Act is amended by striking out "Except as provided in section 233" at the beginning and substituting "Except as provided in sections 233 and 238".

107.  Sections 251 and 252 of the Act are repealed.

108.  Subsections 254 (3), (4), (5), (6), (7) and (8) of the Act are repealed and the following substituted:

Agreement

(3)  If a municipality or a local board has a duty to retain and preserve records under this section, the municipality or local board may enter into an agreement for archival services with respect to the records, but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the municipality shall not enter into such an agreement unless the other municipalities, if any, with whom the municipality has joint duty to retain and preserve the records also are party to the agreement.

Effect of transfer

(4)  Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board of the municipality if the local board falls within the definition of or is designated as an institution under that Act.

Duties

(5)  A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.

Role of municipality, local board

(6)  A municipality and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5).

109.  (1)  Subsection 255 (2) of the Act is amended by adding "or a local board" after "municipality' in the portion before clause (a).

(2)  Subsection 255 (5) of the Act is amended by striking out "an archivist" and substituting "a person".

110.  Paragraph 1 of subsection 258 (1) of the Act is repealed and the following substituted:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. an employee of the municipality,

ii. a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or

iii. a person who is not an employee of the municipality but who holds any administrative position of the municipality.

111.  Section 268 of the Act is repealed.

112.  Subsection 269 (1) of the Act is amended by striking out "In sections 270 and 271" at the beginning and substituting "In section 270".

113.  Sections 270 and 271 of the Act are repealed and the following substituted:

Policies

Adoption of policies

270.  (1)  A municipality shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.

4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.

5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

6. The delegation of its powers and duties.

Policies of local boards

(2)  A local board shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.

114.  (1)  Clause 275 (3) (c) of the Act is repealed and the following substituted:

(c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and

(2)  Section 275 of the Act is amended by adding the following subsection:

Emergencies

(4.1)  Nothing in this section prevents a municipality taking any action in the event of an emergency.

(3)  Subsection 275 (6) of the Act is repealed and the following substituted:

Delegated authority unaffected

(6)  Nothing in this section prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council.

115.  Sections 276 and 277 of the Act are repealed.

116.  (1)  Subsection 283 (8) of the Act is amended by striking out "the City of Toronto" in two places and by striking out "section 13 of the City of Toronto Act, 1997 (No. 2)".

(2)  Subsection 283 (9) of the Act is amended,

(a) by striking out "the City of Toronto" in the portion before clause (a);

(b) by striking out "section 13 of the City of Toronto Act, 1997 (No. 2)" in clause (a); and

(c) by striking out "the City of Toronto" in the English version of clause (a).

117.  The Act is amended by adding the following section:

Review or Appeal re Delegated Authority

Power to authorize review or appeal

284.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the municipality under this Act.

Scope of power

(2)  Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power,

(a) to designate the person or body, including council, that will conduct the review or appeal, but the municipality cannot designate a person or body without his, her or its consent;

(b) to provide for the powers the person or body conducting the review or appeal may exercise;

(c) to establish procedures with respect to the review or appeal;

(d) to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed.

Restriction

(3)  A municipality shall not provide for a review or appeal of such decisions as may be prescribed.

Reconsideration of decisions

(4)  Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions.

Regulations re review or appeal

(5)  The Minister may make regulations prescribing decisions for the purposes of subsection (3).

118.  Sections 287 and 288 of the Act are repealed and the following substituted:

Signatures of cheques

287.  A municipality may provide that the signatures on a cheque of the municipality be mechanically or electronically reproduced.

119.  (1)  Subsection 289 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Yearly budgets, upper-tier

(1)  For each year, an upper-tier municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the upper-tier municipality, including,

. . . . .

(2)  Section 289 of the Act is amended by adding the following subsection:

Exception

(1.1)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.

(3)  Subsection 289 (3) of the Act is amended by adding "for a year" after "budget" in the portion before clause (a) and by striking out "current" in clause (a).

(4)  Subsection 289 (5) of the Act is repealed and the following substituted:

Yearly budget from boards, etc.

(5)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the upper-tier municipality may by by-law require that the year's budget of every board, commission or other body, for which the municipality is required by law to provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.

120.  (1)  Subsection 290 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Yearly budget, local municipalities

(1)  For each year, a local municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality, including,

. . . . .

(2)  Section 290 of the Act is amended by adding the following subsection:

Exception

(1.1)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.

(3)  Subsection 290 (3) of the Act is amended by adding "for a year" after "budget" in the portion before clause (a) and by striking out "current" in clause (a).

(4)  Subsection 290 (4) of the Act is repealed and the following substituted:

Yearly budget from boards, etc.

(4)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the local municipality may by by-law require that the year's budget of every board, commission or other body, other than an upper-tier municipality or school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the local municipality, and that the budget shall be in such detail and form as the by-law provides.

121.  Section 291 of the Act is repealed and the following substituted:

Multi-year budget

291.  (1)  Despite sections 289 and 290, a municipality may prepare and adopt a budget covering a period of two to five years in the first year to which the budget applies or in the year immediately preceding the first year to which the budget applies.

Restriction

(2)  Despite subsection (1), if the first year of a multi-year budget immediately follows a year in which a regular election is held, the budget may only be adopted in the first year to which the budget applies.

First year

(3)  Except as provided in subsection (1), the provisions of the budget for the first year to which the multi-year budget applies shall comply with the requirements of section 289 or 290, as the case may be.

Other years, mandatory review of annual budget

(4)  For the second and each subsequent year to which a multi-year budget applies, the municipality shall, in the year or the immediately preceding year,

(a) review the budget for that year;

(b) make such changes as are required for the purpose of making the provisions of the budget for that year comply with the requirements of section 289, except clause 289 (3) (a) or section 290, except clause 290 (3) (a), as the case may be; and

(c) readopt the budget for that year and for subsequent years to which the budget applies.

Exception

(5)  Despite subsection (4), if a year for which a budget is being reviewed and changed is a year immediately following a year in which a regular election is held, the budget may only be readopted in the year for which the budget is being reviewed and changed.

Power and duty not affected

(6)  Nothing in this section,

(a) limits the power of a municipality to amend or revoke a budget adopted or readopted under this section; or

(b) removes the obligation of a municipality to levy taxes in each year.

Deemed adoption

(7)  The budget for the first year of a multi-year budget adopted under subsection (1) and the budget for the first year of the remaining years in a multi-year budget readopted under subsection (4) is deemed, for the purposes of this and every other Act, to be the budget or estimates adopted for the year under section 289 or 290, as the case may be, and, before a budget is adopted or readopted for the year under this section, the municipality is deemed, for the purposes of this and every other Act, not to have adopted a budget or estimates for that year under this Part.

Submission of budgets of boards, etc.

(8)  Despite any other Act, for the purpose of adopting a multi-year budget for two or more years or readopting a multi-year budget for one or more remaining years, a municipality may by by-law require that a budget for the year or years of every board, commission or other body, other than a school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.

122.  Subsections 294 (2) and (3) of the Act are repealed.

123.  The Act is amended by adding the following section:

Annual financial statements

294.1  A municipality shall, for each fiscal year, prepare annual financial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.

124.  (1)  Subsection 296 (1) of the Act is amended by adding "and" at the end of clause (a) and by repealing clauses (b) and (c) and substituting the following:

(b) performing duties required by the municipality or local board.

(2)  Subsection 296 (6) of the Act is amended by striking out "clauses (1) (a) and (b)" and substituting "clause (1) (a)".

125.  Subsection 297 (2) of the Act is repealed and the following substituted:

Information

(2)  The auditor may require from the current and former members of council and local boards and from the current and former officers and employees of the municipality and its local boards such information and explanation as in his or her opinion is necessary to carry out the duties of the auditor.

126.  (1)  Subsection 299 (2) of the Act is repealed.

(2)  Subsections 299 (4) and (5) of the Act are repealed and the following substituted:

Publication

(4)  A municipality shall publish all or such portion of the information as may be designated by the Minister at the times designated by the Minister but in the manner and form determined by the municipality.

127.  Section 300 of the Act is repealed.

128.  Subsection 302 (1) of the Act is amended by striking out "and in section 303" in the portion before the definition of "municipality".

129.  Section 303 of the Act is repealed.

130.  Clause (f) of the definition of "payment in lieu of taxes" in section 306 of the Act is repealed.

131.  Subsection 315 (6) of the Act is amended by striking out the portion before paragraph 1 and paragraph 1 and substituting the following:

Geographic areas

(6)  For the purposes of this section, the following geographic areas are established:

1. The upper-tier municipalities of Durham, Halton, Peel and York.

132.  Subsection 317 (2) of the Act is amended by striking out "December" and substituting "November or December".

133.  Subsection 318 (23) of the Act is repealed and the following substituted:

Restructuring orders

(23)  Despite section 151 of the City of Toronto Act, 2006 and section 186 of this Act, a by-law under this section may be made instead of any phase-in authority or requirement set out in an order under section 173 or 175 of this Act or section 149 of the City of Toronto Act, 2006, but the by-law under this section must apply for at least the same number of years as remains outstanding under the phase-in authority or requirement.

134.  Section 321 of the Act is repealed.

135.  Subsection 323 (2) of the Act is repealed and the following substituted:

Annual levy on correctional institutions, etc.

(2)  Despite any Act, if there is situate in a municipality a correctional institution that is designated by the Minister of Community Safety and Correctional Services or a training school or a youth custody facility (designated under subsection 85 (2) of the Youth Criminal Justice Act (Canada)) that is designated by the Minister of Community and Social Services, the municipality may by by-law levy an annual amount payable on or after July 1 upon such institution, school or facility, not exceeding the prescribed amount for each resident placed in such institution, school or facility as determined by the Minister of Community Safety and Correctional Services or the Minister of Community and Social Services, as the case may be.

136.  (1)  Clause 326 (1) (a) of the Act is amended by striking out "prescribed".

(2)  Clause 326 (5) (a) of the Act is repealed and the following substituted:

(a) prescribing services that cannot be identified as a special service under clause (1) (a);

137.  Subsection 329 (3) of the Act is repealed and the following substituted:

Regulations

(3)  The Minister of Finance may make regulations providing for adjustments under paragraph 3 of subsection (1) in respect of changes in taxes for municipal purposes.

138.  Subsection 340 (3) of the Act is repealed and the following substituted:

Certification

(3)  The treasurer shall certify the tax roll for a year in the manner determined by the treasurer.

139.  Clause 341 (2) (a) of the Act is repealed and the following substituted:

(a) shall refund any overpayment to the owner of the land as shown on the tax roll on the date the adjustment is made; or

140.  Clause 345 (9) (a) of the Act is repealed and the following substituted:

(a) in the case of overpayments described in clause (6) (a), the day the error is corrected and, in the case of overpayments described in clause (6) (b), 120 days after the day the municipality is notified of the change by the assessment corporation, the Assessment Review Board or a court; and

141.  Subsection 352 (1) of the Act is amended by striking out "at the request" and substituting "upon the written request".

142.  (1)  Subsection 353 (4) of the Act is amended by striking out "subsection 379 (6)" and substituting "subsection 379 (5)".

(2)  Section 353 of the Act is amended by adding the following subsections:

Liens in favour of the Crown

(4.1)  Despite subsection (4), if on the day before the date of registration of a notice of vesting there are liens or other encumbrances registered against the title to the land in favour of the Crown in right of Ontario or any execution or warrant in favour of the Crown respecting the land appearing in the index of executions maintained by the sheriff for the area in which the land is situate and the local municipality subsequently sells the land, the proceeds of the sale shall be distributed among the municipality, a body charged back under subsection (3) and the Crown in accordance with the following:

1. Subject to paragraph 2, calculate the total of,

i. the amount of unpaid taxes owing to the municipality,

ii. the amounts charged back under subsection (3), and

iii. the total amount outstanding under any liens or other encumbrances in favour of the Crown registered on the day before the notice of vesting is registered and any amount outstanding under any execution or warrant in favour of the Crown appearing in the index of executions maintained by the sheriff for the area in which the land is situate on the day before the notice of vesting is registered.

2. The amount under each of subparagraph 1 i, ii or iii is the lesser of,

i. the actual amount, and

ii. the assessed value of the land as shown on the last assessment roll returned for the year in which the sale of the land occurred.

3. Subject to paragraph 2, the percentage of the proceeds of the sale that the municipality is entitled to is determined by dividing the amount of unpaid taxes owing to the municipality as determined under subparagraph 1 i by the total calculated under paragraph 1.

4. Subject to paragraph 2, the percentage of the proceeds of the sale that a body charged back under subsection (3) is entitled to is determined by dividing the amount charged back under subsection (3) to that body as determined under subparagraph 1 ii by the total calculated under paragraph 1.

5. Subject to paragraph 2, the percentage of the proceeds of the sale that the Crown is entitled to is determined by dividing the amount determined under subparagraph 1 iii by the total calculated under paragraph 1.

Manner in which payment to be made

(4.2)  The proceeds of the sale payable to the Crown under subsection (4.1) shall be paid by the local municipality to the Crown in the manner or in accordance with the process designated by the Minister.

(3)  Subsection 353 (6) of the Act is repealed and the following substituted:

Exception

(6)  Subsections (4), (4.1), (4.2) and (5) do not apply to land in respect of which a notice of vesting is registered under subsection 379 (5) if the cancellation price, as defined in section 371, was less than $10,000 or if the sale occurs seven years or more after registration of the notice of vesting.

143.  Subsections 354 (4) and (5) of the Act are repealed and the following substituted:

Exception

(4)  Despite subsection (3), the local municipality may write off taxes under clause (2) (a) without conducting a tax sale under Part XI,

(a) if the property is owned by Canada, a province or territory or a Crown agency of any of them or by a municipality;

(b) if the recommendation of the treasurer under clause (2) (a) includes a written explanation of why conducting a tax sale would be ineffective or inappropriate; or

(c) in any of the prescribed circumstances.

Regulations

(5)  The Minister may make regulations prescribing circumstances for the purpose of clause (4) (c).

144.  Section 355 of the Act is repealed and the following substituted:

Taxes less than minimum tax amount

355.  (1)  A local municipality may pass a by-law providing that where, in any year, the total amount of taxes to be imposed on a property would be less than the tax amount specified by the municipality in the by-law, the amount of actual taxes payable shall be zero or an amount not exceeding the specified amount.

Same

(2)  In a by-law under subsection (1), the municipality may specify two tax amounts and provide that,

(a) where the total amount of taxes would be less than the lower specified amount, the amount of actual taxes payable shall be zero; and

(b) where the total amount of taxes would be greater than or equal to the lower specified amount and less than the higher specified amount, the amount of the actual taxes payable shall not exceed the higher specified amount.

145.  Subsection 356 (12) of the Act is repealed and the following substituted:

Adjustment of tax roll

(12)  Immediately after a decision of council or the Assessment Review Board, the treasurer of the local municipality shall adjust the tax roll to reflect any division into parcels and apportionment of taxes on the land among the parcels made by the decision.

146.  Subsection 358 (11) of the Act is repealed.

147.  Subsection 359 (12) of the Act is repealed and the following substituted:

Adjustment of tax roll

(12)  Immediately after a decision of council or the Assessment Review Board, the treasurer shall adjust the tax roll to reflect any increase of taxes on the land made by the decision.

When tax payable

(12.1)  Once the tax roll is adjusted, the amount of the increase of taxes is deemed to have been always levied in accordance with the adjusted tax roll except the amount is not payable until 21 days after the day the treasurer sends a tax bill to the taxpayer with respect to the amount.

Overcharges

(12.2)  If a decision of council under this section is appealed and the Assessment Review Board determines there is an overcharge of taxes on the land,

(a) the municipality shall refund the overpayment, if any; and

(b) subsections 345 (6) to (9.2) apply with necessary modifications to the overcharges.

148.  Subsection 361 (12) of the Act is repealed and the following substituted:

Definition

(12)  In this section,

"tax" includes,

(a) charges that are imposed under section 208, and

(b) fees and charges, other than charges described in clause (a), that are imposed under this Act and satisfy the conditions set out in paragraphs 1, 2 and 3 of subsection (13).

Same

(13)  The conditions referred to in clause (b) of the definition of "tax" in subsection (12) are:

1. The fees and charges are imposed to raise an amount for at least one of the following purposes:

i. Promotion of an area as a business or shopping area.

ii. Improvement, beautification and maintenance of land, buildings and structures of the municipality in the area, beyond that provided at the expense of the municipality generally.

iii. Interest payable by the municipality on money it borrows for the purposes of subparagraph i or ii.

2. The fees and charges are imposed on owners of land that is included in the commercial or industrial classes within the meaning of subsection 308 (1).

3. The fees and charges have priority lien status and are added to the tax roll.

149.  Subsection 364 (25) of the Act is repealed and the following substituted:

Interpretation

(25)  In this section, "tax" has the same meaning as in subsection 361 (12).

150.  Section 365.3 of the Act is amended by adding "356" after "345".

151.  The definition of "business improvement area charges" in subsection 368 (11) of the Act is repealed and the following substituted:

"business improvement area charges" means the fees and charges included in the definition of "tax" in subsection 361 (12); ("redevances d'aménagement commercial")

152.  Section 372 of the Act is repealed and the following substituted:

Interpretation

372.  For the purposes of this Part,

"abstract index" and "parcel register" include an instrument received for registration on the day the tax arrears certificate was registered even if the instrument has not been abstracted or entered in the index or register on that day; ("répertoire par lot", "registre des parcelles")

"index of executions" means the electronic database that the sheriff maintains for writs of execution. ("répertoire des brefs d'exécution")

153.  Paragraphs 2 and 3 of subsection 374 (1) of the Act are repealed and the following substituted:

2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).

3. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).

154.  Section 375 of the Act is amended by adding the following subsection:

Effect of cancellation certificate

(2.1)  Unless otherwise shown in the tax arrears cancellation certificate, the certificate, when registered, is conclusive proof of the payment of the cancellation price as of the date set out in it.

155.  Section 377 of the Act is repealed.

156.  (1)  Section 379 of the Act is amended by adding the following subsection:

Public auction or public tender

(2.1)  If the land is offered for public sale, the minimum bid or minimum tender amount, as the case may be, shall be the cancellation price.

(2)  Subsection 379 (6) of the Act is amended by striking out "in the prescribed form" in the portion before clause (a).

(3)  Subsection 379 (7) of the Act is amended,

(a) by striking out the portion before clause (a) and substituting the following:

Effect of conveyance

(7)  A tax deed, when registered, vests in the person named in it an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, except,

. . . . .

(b) by striking out "or notice of vesting" at the end of clause (c).

(4)  Section 379 of the Act is amended by adding the following subsection:

Effect of registration of notice of vesting

(7.1)  Despite subsection 3.6.1 (2) of the Fuel Tax Act, subsection 18 (2) of the Gasoline Tax Act, subsection 22 (2) of the Retail Sales Tax Act and subsection 24.1 (2) of the Tobacco Tax Act, a notice of vesting, when registered, vests in the municipality an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, including all estates and interests of the Crown in right of Ontario, except,

(a) easements and restrictive covenants that run with the land, including those for the benefit of the Crown in right of Ontario;

(b) any estates and interests of the Crown in right of Canada; and

(c) any interest or title acquired by adverse possession by abutting landowners, including the Crown in right of Ontario, before registration of the notice of vesting.

(5)  Subsection 379 (15) of the Act is amended by striking out "one year" and substituting "two years".

157.  The Act is amended by adding the following section:

No successful purchaser

380.1  (1)  If the treasurer conducts a public sale and there is no successful purchaser, the treasurer may, within two years after the date of the public sale, offer the land for public sale by public auction or public tender, as the treasurer decides, a second time in accordance with the prescribed rules.

Notice

(2)  At least 30 days before the land is readvertised for public sale, the treasurer shall send to the persons entitled to receive notice under subsection 379 (1) a notice that the land will be readvertised for public sale.

Application of provisions

(3)  Subsection 379 (2) and sections 380 to 387 apply with necessary modifications to the sale as if it were the first public sale.

Non-application

(4)  This section does not apply to land if a notice of vesting was registered in respect of the land following the first public sale.

158.  Clause 381 (1) (c) of the Act is repealed and the following substituted:

(c) in the case of a person appearing to have an interest in the land by the index of executions for the area in which the land is situate, to the address of the person or person's solicitor as shown in the index of executions or in the records of the sheriff for the area in which the land is situate;

159.  (1)  Subsection 386.1 (1) of the Act is amended by striking out "12 months" and substituting "24 months".

(2)  Subsections 386.1 (4) and (5) of the Act are repealed.

160.  (1)  Subsection 388 (2) of the Act is amended by striking out "2003" and substituting "2004".

(2)  Subsection 388 (3) of the Act is repealed and the following substituted:

Certificate registered

(3)  If, before January 1, 1985, a tax arrears certificate was registered under the Municipal Affairs Act in respect of any land and a tax arrears cancellation certificate was registered with respect to the land between January 1, 2003 and January 1, 2004, the tax arrears certificate is cancelled.

(3)  Subsection 388 (4) of the Act is amended by striking out "clause (3) (b)" in the portion before clause (a) and substituting "subsection (3)".

(4)  Subsection 388 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

No registration

(5)  If, before January 1, 2004, no notice of forfeiture or tax arrears cancellation certificate was registered in accordance with subsection (2) or (3), the land is deemed to vest in the municipality in fee simple, together with all rights, privileges and appurtenances, free from all estates and interest except,

. . . . .

161.  Section 389 of the Act is amended by striking out "the day this Act comes into force" and substituting "January 1, 2003".

162.  Section 390 of the Act is amended by adding the following definition:

"fee or charge" means, in relation to a municipality, a fee or charge imposed by the municipality under sections 9, 10 and 11 and, in relation to a local board, a fee or charge imposed by the local board under subsection 391 (1.1); ("droits ou redevances")

163.  (1)  Subsection 391 (1) of the Act is repealed and the following substituted:

By-laws re: fees and charges

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

(c) for the use of its property including property under its control.

Local board

(1.1)  A local board may impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any municipality or other local board; and

(c) for the use of its property including property under its control.

(2)  Subsection 391 (2) of the Act is repealed and the following substituted:

Deferred benefit

(2)  A fee or charge imposed for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time.

(3)  Section 391 of the Act is amended by adding the following subsections:

Costs related to administration, etc.

(3)  The costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets.

Fees for mandatory services, etc.

(4)  A fee or charge may be imposed whether or not it is mandatory for the municipality or local board imposing the fee or charge to provide or do the service or activity, pay the costs or allow the use of its property.

Conflict

(5)  In the event of a conflict between a fee or charge by-law and this Act, other than this Part, or any other Act or regulation made under any other Act, the by-law prevails.

164.  Section 392 of the Act is repealed.

165.  Section 393 of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

166.  Subsection 394 (1) of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

167.  Section 395 of the Act is amended by striking out "in this Part" and substituting "in this Act".

168.  Section 396 of the Act is repealed.

169.  Section 397 of the Act is repealed and the following substituted:

Approval of local board by-law

397.  (1)  A municipality may pass a by-law providing that a by-law of a local board of the municipality, which is not a local board of any other municipality, imposing fees or charges shall not come into force until the municipality passes a resolution approving the by-law of the local board.

Exception

(2)  A by-law of a municipality under subsection (1) does not apply to fees or charges subject to approval under any federal Act or under a regulation under section 400.

170.  (1)  Subsection 398 (1) of the Act is amended by striking out "under this Part".

(2)  Subsection 398 (2) of the Act is amended by striking out "under this Part" in the portion before paragraph 1.

171.  (1)  Clause 400 (a) of the Act is amended by striking out "under this Part".

(2)  Clause 400 (b) of the Act is amended by striking out "under this Part" at the end and substituting "to impose fees or charges".

(3)  Clause 400 (g) of the Act is amended by striking out "under this Part".

172.  Section 401 of the Act is amended by adding the following subsection:

Joint and several obligations

(3.1)  All debentures issued under a by-law passed by a regional municipality for its own purposes are direct, joint and several obligations of the regional municipality and its lower-tier municipalities.

173.  Subsection 405 (4) of the Act is repealed.

174.  Subsection 406 (4) of the Act is repealed.

175.  Subsection 407 (6) of the Act is repealed.

176.  Subsection 408 (3) of the Act is repealed and the following substituted:

Term restriction

(3)  The term of a debt of a municipality or any debenture or other financial instrument for long-term borrowing issued for it shall not extend beyond the lifetime of the undertaking for which the debt was incurred and shall not exceed 40 years.

177.  Subsections 409 (1) and (2) of the Act are repealed and the following substituted:

Sinking and retirement fund debentures

(1)  A municipality may provide in a debenture by-law,

(a) that all or a portion of the debentures are sinking fund debentures which have the principal payable on a fixed date;

(b) that a portion of the debentures are term debentures which have,

(i) the principal payable on a fixed date, and

(ii) a retirement fund for the repayment of the principal which does not require payment into it to begin until after the principal of the other debentures issued under the by-law becomes payable; or

(c) that a retirement fund be established for the repayment of the principal amount of a class or classes of its debentures other than sinking fund or term debentures.

Amount to be raised annually

(2)  A by-law passed under this section shall provide for the following amounts:

1. In respect of a sinking fund by-law, an estimated amount in each year for the sinking fund which, with interest compounded annually, will be sufficient to pay the principal of the debentures at maturity.

2. In respect of a term debenture by-law, in each year that a payment is made into the retirement fund, an estimated amount in each year for the retirement fund which, with interest compounded annually, will be sufficient to pay the principal of the debentures at maturity.

3. In respect of a retirement fund by-law for a class of debentures other than a sinking fund or term debenture, in each year an amount equal to or greater than the amount that would have been required for the repayment of the principal of the debentures in that year if the principal had been payable in equal annual instalments and the debentures had been issued for the maximum period authorized by the municipality for the repayment of the debt for which the debentures were issued.

178.  Section 410 of the Act is repealed and the following substituted:

Sinking fund committee

410.  If a municipality establishes a sinking fund committee, the committee,

(a) shall manage the sinking fund and retirement funds established by the municipality under section 409;

(b) shall invest money in those funds in any securities that the municipality that established the committee is permitted to invest in, including approving or not approving any investment or disposition of that investment; and

(c) may apply balances or other amounts in accordance with section 409.

179.  Section 413 of the Act is amended by adding the following subsection:

Special case

(5)  Despite subsection (1), payments made under the Ontario Municipal Employees Retirement System Act or the Ontario Municipal Employees Retirement System Act, 2006 with respect to past service may be provided for by the issue of debentures.

180.  Subsection 414 (3) of the Act is repealed.

181.  Subsection 417 (1) of the Act is repealed and the following substituted:

Reserve funds

(1)  If a local board, as defined in the Municipal Affairs Act, or any other body exercising a power with respect to municipal affairs under any Act in unorganized territory does not have power under another Act or another section of this Act to establish and maintain a reserve fund, it may, under this subsection, provide in its budget for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend money.

182.  (1)  Subsection 418 (5) of the Act is repealed.

(2)  Subsection 418 (6) of the Act is amended by adding the following clause:

(b.1) prescribing and defining financial instruments and agreements that municipalities may issue or enter into for or in relation to investments under subsection (1);

183.  Section 419 of the Act is repealed.

184.  Part XIV of the Act is repealed and the following substituted:

PART XIV
ENFORCEMENT

Offences and Penalties

Authority to create offences

425.  (1)  A municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence.

Same

(2)  A police services board of a municipality may pass by-laws providing that a person who contravenes a by-law of the board passed under this Act is guilty of an offence.

Directors and officers

(3)  A by-law under this section may provide that a director or officer of a corporation who knowingly concurs in the contravention of a by-law by the corporation is guilty of an offence.

Offence re obstruction, etc.

426.  (1)  No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under this Act.

Occupied dwellings

(2)  A refusal of consent to enter or to remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of subsection (1) unless the municipality is acting under an order under section 438 or a warrant under section 439 or in the circumstances described in clause 437 (d) or (e).

Orders under s. 438

(3)  No person shall neglect or refuse to produce any information or thing or to provide any information required by any person acting pursuant to an order under section 438.

Offence

(4)  Any person who contravenes subsection (1) or (3) is guilty of an offence.

Same, director or officer

(5)  Every director or officer of a corporation who knowingly concurs in the contravention by the corporation under subsection (1) or (3) is guilty of an offence.

Offence re disabled parking

427.  A by-law establishing a system of disabled parking shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.

Offence re illegally parked vehicle

428.  A by-law may provide that, where a vehicle has been left parked, stopped or standing in contravention of a by-law passed under this Act, the owner of the vehicle is guilty of an offence, even though the owner was not the driver of the vehicle at the time of the contravention of the by-law, and is liable to the applicable fine unless, at the time of the offence, the vehicle was in the possession of another person without the owner's consent.

Authority to establish fines

429.  (1)  Subject to subsection (4), a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act.

Same

(2)  Without limiting subsection (1), a system of fines may,

(a) designate an offence as a continuing offence and provide for a minimum and maximum fine for each day or part of a day that the offence continues;

(b) designate an offence as a multiple offence and provide for a minimum and maximum fine for each offence included in the multiple offence;

(c) establish escalating fines for a second and subsequent convictions for the same offence; and

(d) establish special fines in addition to the regular fine for an offence which are designed to eliminate or reduce any economic advantage or gain from contravening the by-law.

Restrictions

(3)  The following rules apply to the system of fines:

1. A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000. However, a special fine may exceed $100,000.

2. In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph 1, the total of all of the daily fines for the offence is not limited to $100,000.

3. In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph 1, the total of all fines for each included offence is not limited to $100,000.

Fine under another Act

(4)  If the provisions of any other Act, other than the Provincial Offences Act, provide for the fines for a contravention of a by-law of a municipality, the municipality cannot establish a system of fines under this section with respect to the by-law.

Definition

(5)  In this section,

"multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of a by-law.

Additional penalty re adult entertainment establishments

430.  A municipality may provide that a person who is convicted of an offence for a contravention of a business licensing by-law dealing with an adult entertainment establishment may be liable to a term of imprisonment not exceeding one year in addition to any other applicable penalties.

Additional order to discontinue or remedy

431.  If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,

(a) prohibiting the continuation or repetition of the offence by the person convicted; and

(b) in the case of a by-law described in section 135 or 142, requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

Payments out of court

432.  A by-law under section 425 may establish a procedure for the voluntary payment of penalties out of court where it is alleged that any of the following by-laws have been contravened:

1. By-laws related to the parking, standing or stopping of vehicles.

2. By-laws related to animals, as defined in section 11.1, being at large or trespassing.

Municipality entitled to fines

433.  (1)  Except as otherwise provided in this or any other Act, every fine imposed for a contravention of a by-law of a municipality or by-law of a local board of the municipality belongs to the municipality.

Proceeds in cases of obstruction

(2)  The proceeds of any fine imposed in a prosecution conducted by a municipality for an offence under section 426 shall be paid to the treasurer of the municipality and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply with respect to that fine.

Fines, special cases

434.  The fines imposed for the contravention of by-laws of any lower-tier municipality shall, where prosecuted by the police force of the upper-tier municipality, belong to the upper-tier municipality and, where prosecuted by any other person, belong to the lower-tier municipality whose by-law has been contravened.

Powers of Entry

Conditions governing powers of entry

435.  (1)  Unless otherwise provided in this Act, in an order under section 438 or in a warrant under section 439, the following conditions apply to the exercise of a power of entry of a municipality under this Act:

1. The power of entry shall be exercised by an employee, officer or agent of the municipality or a member of the police force of the municipality.

2. The person exercising the power must on request display or produce proper identification.

3. The person exercising the power may be accompanied by a person under his or her direction.

4. Notice of the proposed entry shall be provided to the occupier of the land, except,

i. where the entry is authorized under section 436, clause 437 (a) or (e) or section 439,

ii. where the entry is authorized under section 438 in respect of a premises other than a room or place actually used as a dwelling,

iii. where entry is authorized onto land under section 62, 87 or 97 or Part XI, or

iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person.

5. The municipality shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry,

i. is under section 446, or

ii. is under Part XI if, under that Part, the treasurer registers a notice of vesting, in the name of the municipality, in respect of the land.

Notice

(2)  Where subsection (1) requires that notice of a proposed exercise of a power of entry be given, the notice must satisfy the following requirements:

1. The notice must be given to the occupier of the land in respect of which the power of entry will be exercised.

2. The notice must be given within a reasonable time before the power of entry is exercised.

3. The notice must be given by personal service in the case of a proposed exercise of a power of entry under section 79, 80 or 446 in respect of a room or place actually used as a dwelling.

4. In the case of a proposed exercise of a power of entry other than one described in paragraph 3, the notice must be given by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.

Power of entry re inspection

436.  (1)  A municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

1. A by-law of the municipality passed under this Act.

2. A direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act.

3. A condition of a licence issued under a by-law of the municipality passed under this Act.

4. An order made under section 431.

Inspection powers

(2)  By-laws passed under subsection (1) may provide that for the purposes of an inspection the municipality may,

(a) require the production for inspection of documents or things relevant to the inspection;

(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

(c) require information from any person concerning a matter related to the inspection; and

(d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

Samples

(3)  A sample taken under clause (2) (d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.

Same

(4)  If a sample is taken under clause (2) (d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.

Receipt

(5)  A receipt shall be provided for any document or thing removed under clause (2) (b) and the document or thing shall be promptly returned after the copies or extracts are made.

Evidence

(6)  Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

Restriction re dwellings

437.  Despite any provision of this Act, a person exercising a power of entry on behalf of a municipality under this Act shall not enter or remain in any room or place actually being used as a dwelling unless,

(a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3;

(b) an order issued under section 438 is obtained;

(c) a warrant issued under section 439 is obtained;

(d) a warrant issued under section 386.3 is obtained;

(e) the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person; or

(f) the municipality has given notice of its intention to enter to the occupier of the land as required under subsection 435 (2) and the entry is authorized under section 79, 80 or 446.

Inspection pursuant to order

438.  (1)  A municipality has the power to pass by-laws providing that the municipality may, in the circumstances set out in the by-laws, undertake inspections pursuant to orders under this section.

Order

(2)  A provincial judge or justice of the peace may issue an order authorizing the municipality to enter on land for the purpose of carrying out an inspection for a purpose described in subsection 436 (1) and to exercise powers described in clauses 436 (2) (a) to (d) as specified in the order if he or she is satisfied by evidence under oath,

(a) that the circumstances of the inspection are provided for in a by-law under subsection (1);

(b) that the inspection is reasonably necessary; and

(c) that one of the following conditions exists:

(i) where there is no by-law under section 436 which provides for inspections in such circumstances, the municipality has made a reasonable attempt to obtain the occupier's consent for the inspection,

(ii) where there is a by-law under section 436 which provides for inspections in such circumstances, the municipality has been prevented or is likely to be prevented from doing anything set out in subsection 436 (1) or (2).

Expiry of order

(3)  An order under this section shall state the date on which it expires, which date shall not be later than 30 days after the day the order is issued.

Time for execution

(4)  An order under this section may be executed only between 6 a.m. and 9 p.m. unless the order provides otherwise.

Notice

(5)  In the case of an order authorizing an inspection of a room or place actually being used as a dwelling, the occupier must be given notice concerning when the inspection will be carried out.

Application without notice

(6)  An order under this section may be issued on application without notice.

Interpretation

(7)  A by-law may be passed under subsection (1) and orders may be issued under subsection (2) whether or not there is a by-law under section 436.

Application of provisions

(8)  Subsections 436 (3) to (6) apply with necessary modifications to this section.

Search warrant

439.  (1)  A provincial judge or justice of the peace may issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place for the evidence specified in the warrant if he or she is satisfied by information on oath that there is reasonable ground to believe that,

(a) an offence under this Act or a by-law passed under this Act has been committed; and

(b) the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.

Seizure

(2)  In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize evidence specified in the warrant that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.

Same

(3)  A person who seizes something under a search warrant shall,

(a) give a receipt for the thing seized to the person from whom it was seized; and

(b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.

Time for execution

(4)  A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.

Application

(5)  Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.

General Enforcement Powers

Power to restrain

440.  If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened, in addition to any other remedy and to any penalty imposed by the by-law, the contravention may be restrained by application at the instance of a taxpayer or the municipality or local board.

Collection of unpaid licensing fines

441.  (1)  A municipality may authorize the treasurer or his or her agent to give the notice under subsection (2) at the times and in the manner set out in the by-law.

Notice

(2)  If any part of a fine for a contravention of a business licensing by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment ordered under that section, the authorized officer may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice.

Seizure

(3)  If the fine remains unpaid after the final date specified in the notice, the fine is deemed to be unpaid taxes for the purposes of section 351.

Enforcement of agreements, etc.

442.  Where a duty or liability is imposed by statute or agreement upon any person in favour of a municipality or in favour of some or all of the residents of a municipality, the municipality may enforce it and obtain such relief and remedy as could be obtained,

(a) in a proceeding by the Attorney General;

(b) in a relator proceeding by any person in the name of the Attorney General; or

(c) in a proceeding by the residents on their own behalf or on behalf of themselves and other residents.

Enforcement of loans by a municipality

443.  (1)  If a municipality makes a loan to any person to pay for the whole or any part of the cost of the person complying with a by-law of the municipality, the local municipality may, and upon the request of its upper-tier municipality shall, add the amount of the loan, together with interest at the rate of the loan given by the local municipality or its upper-tier municipality, to the tax roll for any land located in the local municipality if all the owners of the land are responsible for repaying the loan, and the local municipality may collect the amount owing in the same manner as municipal taxes over a period of years determined by the municipality that gave the loan.

Lien

(2)  The amount of the loan, including interest accrued to the date the loan is repaid, is a lien on land upon the registration in the proper land registry office of a notice of lien.

Discharge

(3)  When a loan is repaid in full, including interest, the municipality shall register a discharge of lien in the proper land registry office.

Orders and Remedial Actions

Order to discontinue activity

444.  (1)  If a municipality is satisfied that a contravention of a by-law of the municipality passed under this Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity.

Same

(2)  An order under subsection (1) shall set out,

(a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

(b) the date by which there must be compliance with the order.

Offence

(3)  A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.

Work order

445.  (1)  If a municipality is satisfied that a contravention of a by-law of the municipality passed under this or any other Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention.

Same

(2)  An order under subsection (1) shall set out,

(a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

(b) the work to be done and the date by which the work must be done.

Same

(3)  An order under subsection (1) may require work to be done even though the facts which constitute the contravention of the by-law were present before the by-law making them a contravention came into force.

Offence

(4)  A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.

Remedial action

446.  (1)  If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense.

Entry upon land

(2)  For the purposes of subsection (1), the municipality may enter upon land at any reasonable time.

Recovery of costs

(3)  The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

Costs added to tax roll

(4)  For the purposes of subsection (3), a local municipality shall, upon the request of its upper-tier municipality, add the costs of the upper-tier municipality to the tax roll.

Interest

(5)  The costs include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the municipality, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full.

Lien for costs

(6)  The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien.

Same

(7)  The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (5) to the date the payment is made.

Effect of payment

(8)  Upon receiving payment of all costs payable plus interest accrued to the date of payment, the municipality shall register a discharge of the lien in the proper land registry office.

Court Order to Close Premises

Closing premises, lack of licence

447.  (1)  Where an owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a licence required by a business licensing by-law, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.

Same

(2)  Where a person is convicted of a contravention of a licensing by-law passed under this Act, other than a conviction described in subsection (1), and the court determines that the owner or occupant of the premises or part of the premises in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject-matter of the conviction or of any pattern of similar conduct, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.

Suspension of closing order

(3)  Upon application of any person who has an interest in the premises ordered closed under this section, the Superior Court of Justice may suspend any closing order for such period and upon such conditions as are specified by the court,

(a) if the court is satisfied that the use to which the premises will be put will not contravene a licensing by-law under this Act; and

(b) if the applicant posts a cash bond for $10,000 or such greater sum as the court determines, for such term as the court determines, to ensure that the premises will not be used in contravention of any by-law.

Discharge of closing order

(4)  The Superior Court of Justice may discharge a closing order if, upon application, the court is satisfied that,

(a) there has been or will be a change in the effective ownership of the premises subsequent to the commission of an offence described in subsection (1) or (2); and

(b) the new owner can ensure that there will be no contravention of any licensing by-law passed under this Act.

Barring of entry

(5)  If a closing order is made under this section, the police force responsible for policing in the municipality shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.

Forfeiture of bond

(6)  If a closing order is suspended under subsection (3) and after the suspension a person is convicted of an offence for contravening a licensing by-law under this Act in respect of the premises or part of them referred to in the closing order, a judge of the Superior Court of Justice may, upon application, order the forfeiture of the bond and the payment to the Crown of the proceeds and order the suspension lifted and the closing order reinstated.

No appeal

(7)  No appeal lies from an order made under subsection (6).

Notice

(8)  The municipality that passed the licensing by-law in respect of which a closing order was made is a party to any proceedings instituted under subsection (3), (4) or (6) in respect of the order and shall be given notice of the proceedings in accordance with the rules of the court.

By-law deemed passed by council

(9)  For the purposes of subsection (8), if the licensing by-law was passed by the police services board or by any other person or body to whom the municipality has delegated the power to pass the by-law, the by-law is deemed to have been passed by the municipality.

Application for suspension or discharge of closing order

(10)  Where an appeal is taken from a closing order or from a conviction in respect of which the order was made, the appellant may apply under subsection (3) for a suspension of the closing order until the disposition of the matter under appeal or any person may apply under subsection (4) for a discharge of the order but the commencement of an appeal does not stay the order.

Description of premises

(11)  The description of any premises in a closing order by reference to its municipal address is sufficient for the purposes of the order.

Registration

(12)  A closing order may be registered in the proper land registry office.

Definition

(13)  In subsections (1) and (2),

"court" means the Ontario Court of Justice or a court to which an appeal may be taken under Part VII of the Provincial Offences Act.

Closing premises, public nuisance

447.1  (1)  Upon application of a municipality, the Superior Court of Justice may make an order requiring that all or part of a premises within the municipality be closed to any use for a period not exceeding two years if, on the balance of probabilities, the court is satisfied that,

(a) activities or circumstances on or in the premises constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises;

(b) the public nuisance has a detrimental impact on the use and enjoyment of property in the vicinity of the premises including, but not limited to, impacts such as,

(i) trespass to property,

(ii) interference with the use of highways and other public places,

(iii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns,

(iv) activities that have a significant impact on property values,

(v) an increase in harassment or intimidation, or

(vi) the presence of graffiti; and

(c) the owner or occupants of the premises or part of the premises knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance.

Consent

(2)  A municipality shall not make an application under subsection (1) with respect to a premises without the consent of the chief of police of the municipal police force or the detachment commander of the Ontario Provincial Police detachment that is responsible for policing the area which includes the premises and the consent shall not be refused unless, in the opinion of the chief of police or detachment commander, the application may have an impact on the operations of the police.

Notice to Attorney General

(3)  After obtaining a consent under subsection (2) but before making an application under subsection (1), the municipality shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney General.

Resulting action

(4)  The following conditions apply with respect to a notice given to the Attorney General under subsection (3):

1. If the Attorney General does not provide any comment to the municipality with respect to the application within the 15-day period, the municipality may proceed with the application.

2. If the Attorney General provides comments to the municipality supporting the application within the 15-day period, the municipality may immediately proceed with the application.

3. If the Attorney General provides comments to the municipality opposing the application within the 15-day period, the municipality may not proceed with the application.

Action by Attorney General

(5)  The Attorney General may, at any time, take over or terminate an application under subsection (1) or be heard in person or by counsel on the application.

Contents of notice

(6)  A notice under subsection (3) shall include a description of,

(a) the premises with respect to which the municipality intends to make the application;

(b) the activities or circumstances on or in the premises which, in the opinion of the municipality, constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises; and

(c) the detrimental impact on the use and enjoyment of property in the vicinity of the premises which, in the opinion of the municipality, is caused by the activities or circumstances described in clause (b).

Suspension of closing order

(7)  Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order suspending an order made under subsection (1) to permit such use, for such period and upon such conditions imposed on the applicant, including the posting of security, as may be specified by the court if, on the balance of probabilities, the court is satisfied that the use will not result in activities and circumstances constituting a public nuisance.

Discharge of closing order

(8)  Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order discharging an order made under subsection (1) if, on the balance of probabilities, the court is satisfied that circumstances have changed to the extent that after the discharge of the order the premises will not be used in a manner which will result in activities and circumstances constituting a public nuisance.

Barring entry

(9)  If a closing order is made under this section, the police force responsible for policing in the municipality shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.

No stay of order

(10)  An application under this section does not stay an order under subsection (1).

Municipality to be party

(11)  A municipality that obtains an order with respect to a premises under subsection (1) is entitled to be a party in proceedings under subsection (7) or (8) and shall be served with a copy of the notice initiating proceedings in accordance with the rules of the court.

Notice

(12)  Notice of an application under this section shall be served on the Attorney General who is entitled to be heard in person or by counsel on the application.

Description of premises

(13)  For the purpose of an order under this section, the municipal address of the premises is a sufficient description of the premises or part of the premises affected by the order.

Registration

(14)  An order under this section may be registered in the proper land registry office.

Right not affected

(15)  Nothing in this section affects the Attorney General's right to bring an injunction in the public interest.

Inspection of buildings containing marijuana grow operations

447.2  (1)  If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.

Persons who may conduct inspection

(2)  An inspection referred to in subsection (1) may be conducted by,

(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or

(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

Nature of inspection

(3)  The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.

Powers to conduct inspection

(4)  The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.

Action to be taken

(5)  Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.

Definition

(6)  In this section,

"police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.

Where marijuana grow operation is in a lower-tier municipality

447.3  (1)  If the clerk of a lower-tier municipality is notified under subsection 447.2 (1) that a building located on land in the lower-tier municipality contained a marijuana grow operation, the lower-tier municipality shall, if in its opinion it is appropriate to do so, forward a copy of the notice referred to in subsection 447.2 (1) to the clerk of the upper-tier municipality of which the lower-tier municipality forms a part.

Same

(2)  Upon the clerk of the upper-tier municipality being notified under subsection (1), the obligation under subsection 447.2 (1) to ensure that an inspection of the building is conducted becomes the obligation of both the lower-tier municipality and the upper-tier municipality.

Co-ordination of enforcement

447.4  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.

Other matters not affected

(2)  Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.

Proof of by-laws

447.5  (1)  If a court convicts a person for a contravention of a by-law of a municipality or of a local board of a municipality without proof of the by-law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as it considers appropriate.

Requirement as to proof

(2)  Nothing in this section relieves a prosecutor from the duty of proving the by-law or entitles the convicting court to dispense with such proof.

Matters of evidence re other documents

Admissibility of certified copies

447.6  (1)  A copy of any record under the control of the clerk of the municipality purporting to be certified by the clerk and under the seal of the municipality may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Certified copies, local boards

(2)  A copy of any record under the control of an officer of a local board purporting to be certified by the officer and under the seal of the local board or containing a statement by the officer that there is no seal may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or statement or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Same, records

(3)  A copy of any record transferred to a person pursuant to an agreement under section 254 and certified by the person or an officer of the person having responsibility for the record may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Statement of licensing status

(4)  In any prosecution or proceeding under a business licensing by-law providing for a system of licences for a business, a statement as to the licensing or non-licensing of any premises or person purporting to be signed by the clerk of a municipality, by the chief administrative officer of a police services board or by the chief administrative officer of any other person or body to whom the municipality has delegated its licensing powers is, without proof of the office or signature of the clerk or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in the prosecution or proceeding.

Proof of seal or signature not required

(5)  Every by-law purporting to be under the seal of a municipality and signed by head of council or presiding officer at the meeting at which the by-law is passed, when produced by the clerk or any other officer of the municipality charged with the custody of it, is admissible in evidence in all courts without proof of the seal or signature.

Photocopies

(6)  A by-law or resolution passed under section 255 may provide that a specified copy of a record is deemed to be the original for the purposes of this section if the original has been destroyed in accordance with section 255 or the by-law or resolution under that section.

Admissibility

(7)  Nothing in subsection (6) renders admissible in evidence a copy of a record that is not otherwise admissible by statute or the law of evidence.

Evidence re debentures

(8)  If there is no original written record of or related to a debenture, any writing produced from an electronic or magnetic medium that is in a readily understandable form is admissible in evidence to the same extent as if it were an original written record.

Costs in legal proceedings

447.7  (1)  Despite any Act, in any proceeding to which a municipality or local board is a party, costs adjudged to the municipality or local board shall not be disallowed or reduced merely because the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the municipality or local board or a salaried officer of another municipality acting on behalf of the local board and for that, or any other reason, was not entitled to recover any costs from the municipality or local board in respect of the services rendered.

Costs to general fund

(2)  The costs recovered in any proceeding by or on behalf of a municipality or local board shall form part of the general funds of the municipality or local board, respectively.

Power to adopt other codes, etc.

447.8  (1)  A by-law of a municipality or of a local board of a municipality made under this or any other Act may,

(a) adopt by reference, in whole or in part, with such changes as the council or board considers appropriate, any code, standard, procedure or regulation as it stands at a specific date, as it stands at the time of adoption or as amended from time to time; and

(b) require compliance with any code, standard, procedure or regulation so adopted.

Inspection

(2)  A copy of a code, standard, procedure or regulation adopted under this section shall be available for public inspection.

Application of Part to other Acts

447.9  (1)  This Part applies with necessary modifications to by-laws passed by a municipality or police services board of a municipality under any other Act except as otherwise provided in the other Act.

Exceptions

(2)  Despite subsection (1), sections 435 to 439, 444 and 445 do not apply to by-laws passed by a municipality or a police services board under any other Act.

185.  Part XVI of the Act is amended by adding the following section:

Regulations re the provincial interest

451.1  (1)  If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the powers of a municipality under sections 9, 10 and 11 or Part IV or providing that a municipality cannot exercise the powers in prescribed circumstances.

Deemed revocation

(2)  A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then.

Restriction

(3)  The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect.

Same

(4)  Subsection (3) does not affect any authority to make regulations under any other section of this or any other Act.

Effect on by-laws

(5)  If a regulation made under subsection (1) imposes limits or conditions on a power of a municipality or provides that a municipality cannot exercise a power in prescribed circumstances, any by-law made by a municipality under the applicable power is inoperative to the extent of the limits, conditions or prohibition.

186.  (1)  Section 452 of the Act is amended by adding the following subsections:

Regulation to continue powers

(2.1)  The Lieutenant Governor in Council may make regulations authorizing a municipality to exercise a power that it had on the day before this subsection comes into force.

Retroactive

(2.2)  A regulation under subsection (2.1) may be retroactive to a day not earlier than the day on which this subsection comes into force.

(2)  Subsection 452 (3) of the Act is amended by adding "or (2.1)" after "subsection (1)".

187.  Clause 453 (1) (c) of the Act is repealed and the following substituted:

(c) to deal with problems or issues arising as a result of the amendment or repeal of an Act or a provision of an Act by this Act, the Municipal Statute Law Amendment Act, 2002 or the Municipal Statute Law Amendment Act, 2006.

188.  The Act is amended by adding the following sections:

Continuation of by-laws, resolutions

457.1  (1)  If, as a result of the enactment of the Municipal Statute Law Amendment Act, 2006, a municipality or a local board, as defined in the Municipal Affairs Act, that existed on the day before section 8 of Schedule A to that Act came into force no longer has the authority to pass a by-law or resolution that was in force on that day, despite the absence of authority,

(a) the by-law or resolution continues in force until its repeal, expiration or three years after that day, whichever occurs first; and

(b) the authority, as it read on that day, continues to apply to the by-law or resolution passed under it before that day.

Application of provisions

(2)  Subsections 457 (2) and (3) apply with necessary modifications to this section.

Deemed by-law re powers and duties

457.2  (1)  This section applies if a person or body, other than a municipal services board, ceases to be authorized to exercise powers or perform duties on behalf of, or in relation to, a municipality by virtue of the coming into force of any provision of Schedule A to the Municipal Statute Law Amendment Act, 2006.

Same

(2)  On the day on which the applicable provision comes into force, a municipality is deemed to have passed any by-law necessary under this Act to give the person or body any power or duty,

(a) that the municipality is capable of giving to the person or body under this Act; and

(b) that the person or body was authorized to exercise or perform, on behalf of or in relation to the municipality, immediately before that day.

Same

(3)  If the deemed by-law is a delegation by-law, it is also deemed to provide that both the municipality and the delegate can exercise the delegated powers.

Amend or repeal

(4)  The municipality may amend or repeal the deemed by-law.

189.  The French version of section 459 of the Act is amended by adding "électoraux" after "quartiers".

190.  Section 468 of the Act is repealed and the following substituted:

Board of control, City of London

468.  Despite the repeal of the old Act, Part V of that Act continues to apply to the board of control of The Corporation of the City of London, subject to the following rules:

1. The board is deemed to be a board of control under section 64 of the old Act.

2. Subsection 64 (3) of the old Act does not apply to the board.

3. The references to a two-thirds vote in subsections 64 (2) and 68 (3), (6) and (7) of the old Act are deemed to be references to a majority vote.

191.  The Act is amended by adding the following section:

Continued application

474.10.1  Despite the repeal of subsection 9 (2) of this Act by section 8 of Schedule A to the Municipal Statute Law Amendment Act, 2006, that subsection, as it read on the day before its repeal, continues to apply to resolve ambiguities existing on that day.

Commencement

192.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 191 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS TO THE CITY OF TORONTO ACT, 2006

1.  (1)  The definition of "licence" in section 3 of the City of Toronto Act, 2006 is repealed and the following substituted:

"licence", in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning; ("permis")

(2)  The French version of the definition of "local board" in subsection 3 (1) of the Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

2.  The French version of subsection 6 (1) of the Act is amended by striking out "et d'améliorer" and substituting "et pour améliorer".

3.  (1)  The French version of subsection 8 (2) of the Act is amended by striking out "peut, par règlement, traiter des questions" in the portion before paragraph 1 and substituting "peut adopter des règlements relativement aux questions".

(2)  The French version of paragraph 2 of subsection 8 (2) of the Act is repealed and the following substituted:

2. La responsabilisation et la transparence de la cité et de ses conseils locaux (définition restreinte) ainsi que de leurs opérations.

(3)  Section 8 of the Act is amended by adding the following subsection:

Exception

(5.1)  Nothing in subsection (5) prevents the City passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure that the physical operation of a system of the City or of a city board is not impaired; or

(b) to ensure that the City, a city board or a system of the City or city board meets any provincial standards or regulations that apply to it.

4.  (1)  Section 12 of the Act is amended by adding the following subsection:

Interpretation

(1.1)  For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not the City has a particular power shall not be interpreted as a limit on the power contained in the specific provision.

(2)  Subsection 12 (4) of the Act is repealed and the following substituted:

Limitation

(4)  Subsection (1) applies to limit the powers of the City despite the inclusion of the words "without limiting sections 7 and 8" or any similar form of words in the specific provision.

Non-application of section

(5)  This section does not apply to a by-law under section 7 or 8,

(a) respecting fences and signs;

(b) requiring persons to clear away and remove snow and ice from land;

(c) requiring persons to remove debris from land they own or occupy or from other private or public land;

(d) requiring persons to cut and remove long grass and weeds, as defined in the by-law, from land they own or occupy or from highways abutting the land;

(e) prescribing standards to protect against entry into vacant buildings, as defined in the Building Code Act, 1992, or to detect and signal the presence of a person in a vacant building;

(f) authorizing front yard parking;

(g) requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property;

(h) providing for any project or undertaking designed to provide housing accommodation in the City, including any public space or recreational, institutional, commercial or industrial facilities or buildings that, in the opinion of the City, may be reasonably necessary for that purpose; or

(i) respecting such other matters as may be prescribed by the Minister of Municipal Affairs and Housing.

Exception

(6)  Clause (5) (h) does not apply so as to exempt the by-law described in that clause from the application of the Planning Act.

5.  (1)  Subsection 21 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Restriction re: delegation of legislative and quasi-judicial powers

(1)  Sections 7 and 8 do not authorize the City to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

. . . . .

(2)  Subsection 21 (2) of the Act is repealed and the following substituted:

Listed Acts

(2)  For the purpose of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the City and such other Acts as may be prescribed.

(3)  Subparagraph 3 ii of subsection 21 (5) of the Act is repealed and the following substituted:

ii. Paragraph 3 of section 308.

6.  (1)  Section 22 of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Powers that cannot be delegated

22.  Sections 7 and 8 do not authorize the City to delegate any of the following powers and duties:

. . . . .

(2)  Paragraphs 2 and 6 of section 22 of the Act are repealed and the following substituted:

2. The power to pass a by-law under section 267 and Parts XI, XII and XIII.

. . . . .

6. The power to pass a by-law in accordance with subsections 84 (1) and (2) and 252 (3), (6) and (7).

(3)  Section 22 of the Act is amended by adding the following subsection:

Exception

(2)  Nothing in subsection (1) prevents the City from delegating its administrative powers.

7.  Section 24 of the Act is repealed and the following substituted:

Delegation re hearings

Application

24.  (1)  This section applies when the City is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.

Delegation authorized

(2)  Despite subsections 21 (1) and (2), sections 7 and 8 authorize the City to delegate to a person or body described in subsection 21 (1) the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.

Rules re effect of delegation

(3)  If the City delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the City is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.

8.  (1)  Section 26 of the Act is amended by adding the following subsections:

Regulations

(4.1)  The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force.

Retroactive

(4.2)  A regulation under subsection (4.1) may be retroactive to a day not earlier than the day on which section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force.

(2)  Subsection 26 (5) of the Act is amended by striking out "subsection (1) or (3)" and substituting "subsection (1), (3) or (4.1)".

9.  Subsection 39 (2) of the Act is repealed.

10.  The Act is amended by adding the following section:

Amount added to tax roll

51.1  (1)  If the City passes a by-law for leasing the untravelled portion of a highway to the owner or occupant of land abutting the highway, amounts payable pursuant to the lease may be added to the tax roll and collected in the same manner as municipal taxes.

Exception

(2)  Subsection (1) does not apply to an amount payable if it is a fee or charge to which section 264 applies.

11.  Section 59 of the Act is amended by adding "Despite section 15 and" at the beginning.

12.  The Act is amended by adding the following section:

Extra-territorial power

59.1  Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers in relation to airports within the City, in another municipality or in unorganized territory.

13.  The Act is amended by adding the following section:

Removal and impounding of vehicles, etc., in parks

74.1  (1)  Subject to subsection (2), this section applies if a by-law of the City has been passed for prohibiting the parking, standing, stopping or placing in a park under the jurisdiction of the City of any object or vehicle that is used to sell or display anything and that obstructs pedestrians, unless,

(a) the owner of the object or vehicle holds a valid permit issued by the City granting the exclusive use of a designated area within the park; and

(b) the by-law or another by-law of the City has designated the park or the area of the park as a removal zone.

Signs required

(2)  A by-law under subsection (1) is not effective in respect of a particular removal zone unless signs are erected to indicate the removal zone.

Enforcement

(3)  A police officer or municipal by-law enforcement officer or any person authorized by by-law to enforce a by-law under subsection (1) who has reason to believe that any object or vehicle is parked, standing, stopped or placed in a removal zone in contravention of the by-law may, if no valid permit issued under the by-law is produced upon request, cause the object or vehicle to be moved or taken to and placed or stored in a suitable place.

Costs

(4)  Subject to subsections (5) and (6), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon the object or vehicle which may be enforced by the City under the Repair and Storage Liens Act.

Proceeds to City

(5)  Any object or vehicle, other than a motor vehicle, removed and stored in accordance with subsection (3) and not claimed by the owner within 60 days is the property of the City and may be sold and the proceeds shall form part of the general funds of the City.

Perishables

(6)  Despite subsection (5), any perishable object or refreshment is the property of the City upon being moved from the removal zone in accordance with subsection (3) and at any time thereafter may be destroyed or given to a charitable institution.

Exception

(7)  Subsection (6) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.

14.  (1)  Paragraph 4 of subsection 86 (3) of the Act is repealed and the following substituted:

4. Pedestrian, vehicular or public safety or public health.

(2)  Subsection 86 (5) of the Act is repealed and the following substituted:

Application re system of licences

(5)  This section applies with necessary modifications to a system of licences with respect to any activity, matter or thing as if it were a system of licences with respect to a business.

15.  Section 88 of the Act is amended by striking out "Sections 85 to 96" at the beginning and substituting "Sections 7, 8 and 85 to 94".

16.  (1)  Subsection 91 (1) of the Act is repealed and the following substituted:

Reciprocal licensing arrangement

(1)  If the City and the police services board of the City agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police service board or another body performing a public function prescribed by the Minister, the City or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.

(2)  Subsection 91 (2) of the Act is amended by striking out "sections 85 to 96" and substituting "sections 7, 8 and 85 to 96".

17.  Subsection 94 (2) of the Act is amended by adding "both of" before "the following criteria" in the portion before paragraph 1.

18.  Subsection 97 (3) of the Act is amended by adding the following clause:

(a.1) liquor under the authority of a licence or permit issued under the Liquor Licence Act; and

19.  Subsection 104 (3) of the Act is amended by adding the following clause:

(c.1) the injuring or destruction of trees imposed under subsection 114 (10) as a condition to the approval of plans or drawings for a site plan control area;

20.  Subsection 105 (2) of Act is amended by adding the following clause:

(a.1) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area;

21.  The Act is amended by adding the following sections:

Power of entry re: dangerous trees

105.1  (1)  The City may enter on land, without notice to the owner, tenant or occupant of the land, to inspect a tree located on the land that, in the opinion of the City, is in a condition creating an immediate danger to persons or property.

Elimination of immediate danger

(2)  If, upon inspection under subsection (1) or under subsection 375 (1) in respect of a by-law described in subsection (3), a tree on the land appears, in the opinion of the City, to be in a condition creating an immediate danger to persons or property, the City may enter on the land after making reasonable efforts to notify the owner, tenant or occupant of the land and remove the tree or otherwise eliminate the condition creating the immediate danger.

Subject of by-law

(3)  A by-law for the purpose of subsection (2) is a by-law requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property.

Lien

(4)  Any amount spent by the City in doing what is authorized under subsection (2), together with interest at a rate to be determined by the City, is payable to the City and shall have priority lien status, and the certificate of the city clerk as to the amount is final.

Added to tax roll

(5)  The amount payable to the City may be added to the tax roll to be collected in one year or to be collected in instalments over a period of not more than five years.

General provision not applicable

(6)  Paragraphs 4 and 5 of subsection 375 (1) do not apply to the powers of entry under this section.

Registration of agreements respecting ravines

105.2  (1)  An agreement described in subsection (2) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

Same

(2)  Subsection (1) applies to an agreement that the City has entered into with the owner of land, under a City by-law, as a condition of a consent to destroy trees or other natural vegetation on a ravine, to excavate, grade or otherwise alter in elevation or contour any ravine or to provide facilities for and methods of disposal of storm, surface and waste water from any ravine and from any buildings or structures on the ravine and that deals with,

(a) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the land of the owner or the protection of adjoining lands; or

(b) grading or alteration in elevation or contour of the land of the owner and the provision of facilities for and methods of disposal of storm, surface and waste water from the land and from any building or structure on the land.

22.  (1)  The French version of subsection 108 (1) of the Act is amended by striking out ", ni avec les exigences" and substituting "et les exigences".

(2)  The French version of subsection 108 (2) of the Act is amended by striking out "adoptés en vertu du" and substituting "visés au".

23.  Section 110 of the Act is repealed and the following substituted:

Advertising devices

110.  (1)  A City by-law respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration.

Lien for costs and charges

(2)  All costs and charges incurred by the City for the removal, care and storage of an advertising device that is erected or displayed in contravention of a City by-law are a lien on the advertising device that may be enforced by the City under the Repair and Storage Liens Act.

Disposal costs

(3)  All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the City as a debt owed by the owner of the device.

24.  Section 112 of the Act is repealed.

25.  Section 113 of the Act is amended by adding the following subsection:

Same

(2.1)  The prescribed conditions referred to in subsection (2) may be made subject to such limitations as may be prescribed.

26.  The Act is amended by adding the following sections:

Notice or public meeting not required

113.1  Despite section 34 of the Planning Act, the City may amend by-laws passed under that section without giving notice to any person and without holding open houses, public meetings or public hearings if the effect of the amending by-law is only to set out the municipal addresses to which the original by-law applies.

Front yard parking

Definitions

113.2  (1)  In this section,

"front yard" means that portion of private property located between the front wall of a residential building on the property and the abutting public highway; ("cour avant")

"front yard parking" means the parking of a private passenger motor vehicle or motorcycle in a front yard. ("stationnement en cour avant")

Conflict between by-laws

(2)  Despite section 71 of the Planning Act, in the event of a conflict between a by-law passed under sections 7 and 8 authorizing front yard parking and a by-law passed under the Planning Act, or a predecessor of that Act, prohibiting front yard parking, the by-law passed under sections 7 and 8 prevails.

27.  The Act is amended by adding the following section:

Development permit system

114.1  A regulation made under section 70.2 of the Planning Act may,

(a) vary, supplement or override section 113 or 114 of this Act or any by-law passed under either of those sections as necessary to establish a development permit system;

(b) authorize or require the City to pass a by-law to vary, supplement or override a by-law passed under section 113 or 114 as necessary to establish a development permit system;

(c) if the City has adopted or established a development permit system,

(i) exempt it from any provision of section 113 or 114 set out in the regulation,

(ii) prohibit it from passing a by-law under those provisions of section 113 or 114 that are specified in the regulation.

28.  (1)  Clause 115 (11) (a) of the Act is repealed and the following substituted:

(a) under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act; and

(2)  Subsection 115 (14) of the Act is repealed and the following substituted:

O.M.B to assume jurisdiction

(14)  If an appeal has been made to the appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal in respect of the same matter is filed under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act, the Ontario Municipal Board shall assume jurisdiction to hear the first-mentioned appeal.

(3)  Subsection 115 (22) of the Act is repealed and the following substituted:

Transition

(22)  This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (5) comes into force.

29.  (1)  This section applies only if Bill 51 (Planning and Conservation Land Statute Law Amendment Act, 2006), introduced on December 12, 2005, receives Royal Assent.

(2)  References in this section to a provision of Bill 51 are references to that provision as it was numbered in the first reading version of the Bill and, if Bill 51 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provision of Bill 51.

(3)  On the latest of the day subsection 22 (1) of Bill 51 comes into force, the day section 115 of the City of Toronto Act, 2006 comes into force and the day this section comes into force, section 115 of the Act is amended by adding the following subsection:

Saving

(9.1)  For greater certainty, the appeal body does not have the power to make determinations under subsection 53 (4.1) of the Planning Act.

30.  Section 119 of the Act is amended by adding the following subsection:

Definition

(3)  In this section,

"business" means business as defined in section 85.

31.  The Act is amended by adding the following section:

Same

122.1  The Minister of Municipal Affairs and Housing may make regulations prescribing limitations for the purposes of subsection 113 (2.1).

32.  (1)  Subsection 129 (4) of the Act is amended by striking out "30 days" and substituting "90 days".

(2)  Subsection 129 (8) of the Act is amended by striking out "under section 128" at the end and substituting "by by-law described in section 128".

33.  Subsection 141 (4) of the Act is amended by striking out "three" and substituting "four".

34.  Section 143 of the Act is amended by adding the following subsection:

Restriction

(3)  A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.

35.  (1)  Subsection 145 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Restriction

(3)  Despite subsection (1), the City shall not, in accordance with that subsection, dissolve or change a local board which is,

. . . . .

(2)  The French versions of clauses 145 (3) (c) and (e) of the Act are repealed and the following substituted:

c) un comité de gestion constitué en application de la Loi sur les foyers pour personnes âgées et les maisons de repos;

. . . . .

e) une commission de services policiers établie en application de la Loi sur les services policiers;

36.  Section 147 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Dissolution, etc., of joint board

147.  If the City passes a by-law in accordance with subsection 145 (1) to dissolve or change a local board which is a local board of the City and one or more other municipalities,

. . . . .

37.  The French version of paragraph 5 of subsection 148 (1) of the Act is repealed and the following substituted:

5. Exercer un pouvoir en tant que détenteur d'une valeur mobilière prescrite d'une personne morale.

38.  The Act is amended by adding the following section:

Additional regulation-making powers re corporations

154.1  (1)  For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing the corporations established under that section, including regulations providing that specified corporations are deemed to be local boards for the purposes of any provision of this Act or for the purposes of the definition of "municipality" in such other Acts as may be specified.

Saving

(2)  The power conferred by subsection (1) is in addition to the power conferred by section 154.

39.  The French version of section 167 of the Act is repealed and the following substituted:

Honoraires conditionnels interdits

167.  Sans préjudice de leur portée générale, les articles 7 et 8 autorisent la cité à interdire à la personne pour qui une autre personne entreprend d'exercer des pressions de verser un paiement à cet égard qui est en tout ou en partie subordonné au succès des pressions exercées.

40.  Subsection 181 (2) of the Act is repealed and the following substituted:

Same

(2)  Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required,

(a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or

(b) under the Criminal Code (Canada).

41.  (1)  Subsection 189 (1) of the Act is amended by striking out the portion before the definition of "committee" and substituting the following:

Procedure by-law

Definitions

189.  (1)  In this section and in sections 190 to 190.2,

. . . . .

(2)  Section 189 of the Act is amended by adding the following subsection:

Notice

(2.1)  The procedure by-law shall provide for public notice of meetings.

(3)  Subsection 189 (4) of the Act is amended by striking out "in a meeting of city council electronically" and substituting "electronically in a meeting of city council which is open to the public".

42.  (1)  Section 190 of the Act is amended by adding the following subsection:

Educational or training sessions

(3.1)  A meeting of the City council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

(2)  Clauses 190 (4) (a) and (b) of the Act are repealed and the following substituted:

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

(3)  Section 190 of the Act is amended by adding the following subsections:

Record of meeting

(8)  The City, a local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.

Same

(9)  The record required by subsection (8) shall be made by,

(a) the clerk, in the case of a meeting of the council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee.

Record may be disclosed

(10)  Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1).

43.  The Act is amended by adding the following sections:

Investigation

190.1  (1)  A person may request that an investigation of whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 190.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the City has not appointed an investigator referred to in subsection 190.2 (1).

Non-application

(2)  This section does not apply to a police services board or a public library board.

Investigator

190.2  (1)  Without limiting sections 7 and 8, those sections authorize the City to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.

Powers and duties

(2)  Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the City.

Matters to which City is to have regard

(3)  In appointing an investigator and in assigning powers and duties to him or her, the City shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same, investigator

(4)  In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5).

Same

(5)  The matters referred to in subsections (3) and (4) are,

(a) the investigator's independence and impartiality;

(b) confidentiality with respect to the investigator's activities; and

(c) the credibility of the investigator's investigative process.

Delegation

(6)  An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part.

Same

(7)  An investigator may continue to exercise the delegated powers and duties, despite the delegation.

Status

(8)  An investigator is not required to be a city employee.

Application

(9)  Subsection 171 (3) and sections 172 to 176 apply with necessary modifications with respect to the exercise of functions described in this section.

Report and recommendations

(10)  If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 190 or to a procedure by-law under subsection 189 (2), the investigator shall report his or her opinion and the reasons for it to the City or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(11)  The City or local board shall ensure that reports received under subsection (10) by the City or local board, as the case may be, are made available to the public.

Non-application

(12)  This section does not apply to a police services board or a public library board.

44.  Paragraph 1 of subsection 203 (1) of the Act is repealed and the following substituted:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. a city employee,

ii. a person who is not a city employee but who is the clerk, treasurer, Integrity Commissioner, Auditor General or Ombudsman or registrar referred to in section 168 or an investigator referred to in subsection 190.2 (1) of the City, or

iii. a person who is not a city employee but who holds any administrative position of the City.

45.  Sections 228 and 229 of the Act are repealed and the following substituted:

Yearly budget

228.  (1)  For each year, the City shall in the year or the immediately preceding year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the City, including,

(a) amounts sufficient to pay all debts of the City falling due within the year;

(b) amounts required to be raised for sinking funds or retirement funds;

(c) amounts required for any board, commission or other body.

Exception

(2)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held may only be adopted in the year to which the budget applies.

Detail and form

(3)  The budget shall,

(a) set out the estimated revenues, including the amount the City intends to raise on all rateable property in the City by its general local municipality levy and on less than all the rateable property in the City by a special local municipality levy under section 277, and the estimated expenditures; and

(b) provide that the estimated revenues are equal to the estimated expenditures.

Allowance

(4)  In preparing the budget for a year, the City,

(a) shall treat any operating surplus of any previous year as revenue that will be available during the year;

(b) shall provide for any operating deficit of any previous year and for the cost of the collection of taxes and any abatement or discount of taxes;

(c) shall provide for taxes and other revenues that in the opinion of the treasurer are uncollectable and for which provision has not been previously made;

(d) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(e) may provide for such reserves as the City considers necessary.

Yearly budget from boards, etc.

(5)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the City may by by-law require that the year's budget of every board, commission or other body, other than a school board, for which the City is required by law to levy a tax or provide money, be submitted to the City on or before a date specified by the City and that the budget shall be in such detail and form as the by-law provides.

Definition

(6)  In this section,

"taxes" means taxes imposed under any Part of this Act.

Multi-year budget

229.  (1)  Despite section 228, the City may prepare and adopt a budget covering a period of two to five years in the first year to which the budget applies or in the year immediately preceding the first year to which the budget applies.

Exception

(2)  Despite subsection (1), if the first year of a multi-year budget immediately follows a year in which a regular election is held, the budget may only be adopted in the first year to which the budget applies.

First year

(3)  Except as provided in subsection (1), the provisions of the budget for the first year to which the multi-year budget applies shall comply with the requirements of section 228.

Other years, mandatory review of annual budget

(4)  For the second and each subsequent year to which a multi-year budget applies, the City shall, in the year or the immediately preceding year,

(a) review the budget for that year;

(b) make such changes as are required for the purpose of making the provisions of the budget for that year comply with the requirements of section 228, except clause 228 (4) (a); and

(c) readopt the budget for that year and for subsequent years to which the budget applies.

Exception

(5)  Despite subsection (4), if a year for which a budget is being reviewed and changed is a year immediately following a year in which a regular election is held, the budget may only be readopted in the year for which the budget is being reviewed and changed.

Power and duty not affected

(6)  Nothing in this section,

(a) limits the power of the City to amend or revoke a budget adopted or readopted under this section; or

(b) removes the obligation of the City to levy taxes in each year.

Deemed adoption

(7)  The budget for the first year of a multi-year budget adopted under subsection (1) and the budget for the first year of the remaining years in a multi-year budget readopted under subsection (4) is deemed, for the purposes of this and every other Act, to be the budget or estimates adopted for the year under section 228 and, before a budget is adopted or readopted for the year under this section, the City is deemed, for the purposes of this and every other Act, not to have adopted a budget or estimates for that year under section 228.

Submission of budgets of boards, etc.

(8)  Despite any other Act, for the purpose of adopting a multi-year budget for two or more years or readopting a multi-year budget for one or more remaining years, the City may by by-law require that a budget for the year or years of every board, commission or other body, other than a school board, for which the City is required by law to levy a tax or provide money, be submitted to the City on or before a date specified by the City and that the budget shall be in such detail and form as the by-law provides.

46.  The Act is amended by adding the following section:

Limitation on term

247.1  The term of a debt of the City or any debenture or other financial instrument for long-term borrowing issued for it shall not extend beyond the lifetime of the undertaking for which the debt was incurred and shall not exceed 40 years.

47.  The Act is amended by adding the following section:

Restrictions

248.1  (1)  After a debt has been contracted under a by-law, the City shall not, until the debt and interest have been paid,

(a) repeal the by-law or any by-law appropriating money from any source for the payment of the debt or the interest, including the surplus income from any work financed by the debt; or

(b) alter any by-law referred to in clause (a) so as to diminish the amount to be raised annually.

Repeal where only part of amount raised

(2)  If a debenture by-law authorizes the City to raise an amount but the amount realized from the sale or loan of the debentures is less than the amount authorized, the City may repeal the debenture by-law with respect to the unused debentures and with respect to any amount that would have been required to be raised annually to repay the unused debentures.

Repeal, surplus from other borrowing

(3)  Despite subsection (1), the City may repeal a debenture by-law or other by-law for long-term borrowing to reduce or eliminate the amount that would have been required to be raised annually to repay the debentures or other long-term borrowing, to the extent that an amount applied in accordance with subsection 248 (2) reduces or eliminates the requirements for repayment of principal and interest for the borrowing.

Repeal, sinking or retirement fund in surplus

(4)  Despite subsection (1), the City may repeal a debenture by-law or other by-law for long-term borrowing with respect to amounts that would have been required to be raised for a sinking or retirement fund, to the extent that the balance of the fund as audited by the city auditor, including any estimated revenue, is or will be sufficient to entirely repay the principal of the debt for which the fund was established on the date or dates the principal becomes due.

48.  Section 249 of the Act is repealed and the following substituted:

Use of sinking and retirement funds

249.  (1)  No amount raised for a sinking or retirement fund of the City, including earnings or proceeds derived from the investment of those funds, shall be applied toward paying any part of the current or other expenditure of the City.

Exception, surplus

(2)  Despite subsection (1), if the balance of a sinking or retirement fund, including any estimated revenue, as audited by the city auditor is or will be sufficient to entirely repay the principal of the debt for which the fund was established on the date or dates the principal becomes due, the City may apply any surplus in the fund to one or both of the following purposes:

1. Repayment of the principal and interest of any other sinking or retirement fund.

2. Payment for any capital expenditure of the City.

Same

(3)  Any surplus that remains in the fund after the City makes payments in accordance with subsection (2) may be transferred to the general fund of the City.

49.  (1)  The French version of paragraph 2 of subsection 252 (1) of the Act is amended by adding "ou autre" after "financière".

(2)  Subsection 252 (6) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(3)  Subsection 252 (7) of the Act is repealed and the following substituted:

Development charges exemption

(7)  Despite the Development Charges Act, 1997, the City may exempt from the payment of all or part of the development charges imposed by the city under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by the City.

(4)  Subsection 252 (12) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(5)  Subsection 252 (13) of the Act is repealed and the following substituted:

Education development charges exemption

(13)  Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.

(6)  Subsection 252 (16) of the Act is repealed and the following substituted:

Effective date

(16)  A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date.

50.  (1)  Clause 257 (e) of the Act is amended by adding "or development charges exemptions under subsection 252 (7)" at the end.

(2)  Clause 257 (f) of the Act is amended by adding "or exemptions from education development charges under subsection 252 (13)" at the end.

51.  Section 258 of the Act is amended by adding the following definition:

"fee or charge" means, in relation to the City, a fee or charge imposed by the City under sections 7 and 8 and, in relation to a local board (extended definition), means a fee or charge imposed by the local board under subsection 259 (1.1); ("droits ou redevances")

52.  (1)  Subsection 259 (1) of the Act is repealed and the following substituted:

By-laws re fees and charges

(1)  Without limiting sections 7 and 8, those sections authorize the City to pass by-laws imposing fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

(c) for the use of its property including property under its control.

(2)  Section 259 of the Act is amended by adding the following subsection:

Local board

(1.1)  A local board (extended definition) of the City may impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any municipality or other local board (extended definition); and

(c) for the use of its property including property under its control.

(3)  Subsection 259 (3) of the Act is amended by striking out "Without limiting subsection (1)" at the beginning.

(4)  Subsection 259 (4) of the Act is amended by striking out "under subsection (1)".

(5)  Subsection 259 (5) of the Act is repealed and the following substituted:

Conflict

(5)  In the event of a conflict between a fee or charge by-law and this Act, other than this Part, or any other Act or a regulation made under any other Act, the by-law prevails.

53.  Section 260 of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

54.  Subsection 261 (1) of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

55.  Section 262 of the Act is amended by striking out "in this Part" and substituting "in this Act".

56.  (1)  Subsection 264 (1) of the Act is amended by striking out "under this Part".

(2)  Subsection 264 (2) of the Act is amended by striking out "under this Part" in the portion before paragraph 1.

57.  (1)  Clause 266 (a) of the Act is amended by striking out "under this Part".

(2)  Clause 266 (b) of the Act is amended by striking out "under this Part" at the end and substituting "to impose fees or charges".

(3)  Clause 266 (g) of the Act is amended by striking out "under this Part".

58.  Clause (f) of the definition of "payment in lieu of taxes" in section 273 of the Act is repealed.

59.  The definitions of "payment in lieu of taxes" and "property class" in subsection 288 (1) of the Act are amended by striking out "section 311"and substituting "section 273".

60.  Clause (a) of the definition of "eligible property" in subsection 294 (19) of the Act is amended by striking out "subsection 291 (10)" and substituting "subsection 291 (9)".

61.  Clause 306 (2) (a) of the Act is repealed and the following substituted:

(a) shall refund any overpayment to the owner of the land as shown on the tax roll on the date the adjustment is made; or

62.  (1)  Section 318 of the Act is amended by adding the following subsections:

Liens in favour of the Crown

(4.1)  Despite subsection (4), if on the day before the date of registration of a notice of vesting there are liens or other encumbrances registered against the title to the land in favour of the Crown in right of Ontario or any execution or warrant in favour of the Crown respecting the land appearing in the index of executions maintained by the sheriff for the area in which the land is situate and the City subsequently sells the land, the proceeds of the sale shall be distributed among the City, a body charged back under subsection (3) and the Crown in accordance with the following:

1. Subject to paragraph 2, calculate the total of,

i. the amount of unpaid taxes owing to the City,

ii. the amounts charged back under subsection (3), and

iii. the total amount outstanding under any liens or other encumbrances in favour of the Crown registered on the day before the notice of vesting is registered and any amount outstanding under any execution or warrant in favour of the Crown appearing in the index of executions maintained by the sheriff for the area in which the land is situate on the day before the notice of vesting is registered.

2. The amount under each of subparagraph 1 i, ii or iii is the lesser of,

i. the actual amount, and

ii. the assessed value of the land as shown on the last assessment roll returned for the year in which the sale of the land occurred.

3. Subject to paragraph 2, the percentage of the proceeds of the sale that the City is entitled to is determined by dividing the amount of unpaid taxes owing to the City as determined under subparagraph 1 i by the total calculated under paragraph 1.

4. Subject to paragraph 2, the percentage of the proceeds of the sale that a body charged back under subsection (3) is entitled to is determined by dividing the amount charged back under subsection (3) to that body as determined under subparagraph 1 ii by the total calculated under paragraph 1.

5. Subject to paragraph 2, the percentage of the proceeds of the sale that the Crown is entitled to is determined by dividing the amount determined under subparagraph 1 iii by the total calculated under paragraph 1.

Manner in which payment to be made

(4.2)  The proceeds of the sale payable to the Crown under subsection (4.1) shall be paid by the City to the Crown in the manner or in accordance with the process designated by the Minister.

(2)  Subsection 318 (6) of the Act is repealed and the following substituted:

Exception

(6)  Subsections (4), (4.1), (4.2) and (5) do not apply to land in respect of which a notice of vesting is registered under subsection 350 (5) if the cancellation price, as defined in subsection 343 (1), was less than $10,000 or if the sale occurs seven years or more after registration of the notice of vesting.

63.  Subsection 326 (13) of the Act is repealed and the following substituted:

Adjustment of tax roll

(13)  Immediately after a decision of council or the Assessment Review Board, the city treasurer shall adjust the tax roll to reflect any increase of taxes on the land made by the decision.

When tax payable

(13.1)  Once the tax roll is adjusted, the amount of the increase of taxes is deemed to have been always levied in accordance with the adjusted tax roll except the amount is not payable until 21 days after the day the city treasurer sends a tax bill to the taxpayer with respect to the amount.

Overcharges

(13.2)  If a decision of council under this section is appealed and the Assessment Review Board determines there is an overcharge of taxes on the land,

(a) the City shall refund the overpayment, if any; and

(b) subsections 310 (6) to (11) apply with necessary modifications to the overcharges.

64.  Subsection 329 (12) of the Act is repealed and the following substituted:

Definition

(12)  In this section,

"tax" includes,

(a) charges that are imposed under section 208 of the Municipal Act, 2001 by virtue of the operation of subsection 429 (2) of this Act, and

(b) fees and charges, other than charges described in clause (a), that are imposed under this Act and satisfy the conditions set out in paragraphs 1, 2 and 3 of subsection (13).

Same

(13)  The conditions referred to in clause (b) of the definition of "tax" in subsection (12) are:

1. The fees and charges are imposed to raise an amount for at least one of the following purposes:

i. Promotion of an area as a business or shopping area.

ii. Improvement, beautification and maintenance of City-owned land, buildings and structures in the area beyond that provided at the City's expense generally.

iii. Interest payable by the City on money it borrows for the purposes of subparagraph i or ii.

2. The fees and charges are imposed on owners of land that is included in the commercial or industrial classes within the meaning of subsection 275 (1).

3. The fees and charges have priority lien status and are added to the tax roll.

65.  (1)  Clause (a) of the definition of "development period" in subsection 333 (1) of the Act is amended by striking out "subsection (3)" and substituting "subsection (2)".

(2)  The definition of "rehabilitation period" in subsection 333 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

"rehabilitation period" means, with respect to an eligible property, the period of time starting on the date on which the by-law under subsection (2) providing tax assistance for the property is passed and ending on the earliest of,

. . . . .

(3)  The definition of "tax assistance" in subsection 333 (1) of the Act is repealed and the following substituted:

"tax assistance" means, with respect to an eligible property, the cancellation or deferral of taxes pursuant to a by-law passed under subsection (2). ("aide fiscale")

(4)  Subsections 333 (2) and (3) of the Act are repealed and the following substituted:

By-law to cancel taxes

(2)  Subject to subsection (7), the City may pass by-laws providing for the cancellation of all or a portion of the taxes for municipal and school purposes levied on one or more specified eligible properties, on such conditions as the City may determine, and a by-law may apply in respect of the rehabilitation period for a specified property, the development period for a specified property, or both.

(5)  Subsection 333 (4) of the Act is amended by striking out "or (3)" in the portion before clause (a).

(6)  Subsection 333 (6) of the Act is amended,

(a) by striking out "or (3)" in the portion before paragraph 1; and

(b) by adding the following paragraph:

5. Such other information as may be prescribed by the Minister of Finance.

(7)  Subsection 333 (7) of the Act is amended by striking out "or (3)".

(8)  Subsection 333 (8) of the Act is amended by striking out "or (3)".

(9)  Subsection 333 (10) of the Act is amended by striking out "for the property during the rehabilitation period of the property" at the end.

(10)  Subsections 333 (11), (12), (16) and (17) of the Act are repealed.

(11)  Subsection 333 (18) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Refund or credit

(18)  In providing tax assistance for an eligible property, the City may,

. . . . .

(12)  Subsections 333 (19) and (21) of the Act are repealed and the following substituted:

Tax roll

(19)  The treasurer of the City shall alter the tax roll to reflect the tax assistance provided for an eligible property.

. . . . .

Effect of repeal or amendment of by-law

(21)  The City may repeal or amend a by-law passed under subsection (2) with respect to a particular eligible property, but the repeal or amendment does not extinguish a right to tax assistance under the by-law unless the owner of the property consents in writing to the repeal or amendment.

(13)  Subsection 333 (22) of the Act is amended by striking out "or (3)" wherever it appears.

(14)  Subsection 333 (23) of the Act is amended by striking out "or (3)" at the end.

(15)  Subsection 333 (24) of the Act is repealed and the following substituted:

Regulations by Minister of Finance

(24)  The Minister of Finance may make regulations prescribing information for the purposes of paragraph 5 of subsection (6).

66.  (1)  Paragraph 2 of subsection 345 (1) of the Act is repealed and the following substituted:

2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions maintained by the sheriff for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 350 (7.1) (a) or (b).

(2)  Paragraph 3 of subsection 345 (1) of the Act is amended by striking out "clause 350 (7) (a) or (b)" at the end and substituting "clause 350 (7.1) (a) or (b)".

67.  (1)  Section 350 of the Act is amended by adding the following subsection:

Public auction or public tender

(2.1)  If the land is offered for public sale, the minimum bid or minimum tender amount, as the case may be, shall be the cancellation price.

(2)  Subsection 350 (7) of the Act is amended,

(a) by striking out the portion before clause (a) and substituting the following:

Effect of conveyance

(7)  A tax deed, when registered, vests in the person named in it an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, except,

. . . . .

(b) by striking out "or notice of vesting" at the end of clause (c).

(3)  Section 350 of the Act is amended by adding the following subsection:

Effect of registration of notice of vesting

(7.1)  Despite subsection 3.6.1 (2) of the Fuel Tax Act, subsection 18 (2) of the Gasoline Tax Act, subsection 22 (2) of the Retail Sales Tax Act and subsection 24.1 (2) of the Tobacco Tax Act, a notice of vesting, when registered, vests in the City an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, including all estates and interests of the Crown in right of Ontario, except,

(a) easements and restrictive covenants that run with the land, including those for the benefit of the Crown in right of Ontario;

(b) any estates and interests of the Crown in right of Canada; and

(c) any interest or title acquired by adverse possession by abutting landowners, including the Crown in right of Ontario, before registration of the notice of vesting.

(4)  Subsection 350 (15) of the Act is amended by striking out "one year" and substituting "two years".

68.  The Act is amended by adding the following section:

No successful purchaser

351.1  (1)  If the treasurer conducts a public sale and there is no successful purchaser, the treasurer may, within two years after the date of the public sale, offer the land for public sale by public auction or public tender, as the treasurer decides, a second time in accordance with the prescribed rules.

Notice

(2)  At least 30 days before the land is readvertised for public sale, the treasurer shall send to the persons entitled to receive notice under subsection 350 (1), a notice that the land will be readvertised for public sale.

Application of provisions

(3)  Subsection 350 (2) and sections 351 to 357 apply with necessary modifications to the sale as if it were the first public sale.

Non-application

(4)  This section does not apply to land if a notice of vesting was registered in respect of the land following the first public sale.

69.  Subsection 358 (1) of the Act is amended by striking out "12 months" and substituting "24 months".

70.  (1)  Subsection 364 (3) of the Act is amended by adding "as it read during the period between January 1, 2003 and January 1, 2004" after " Municipal Act, 2001 ".

(2)  Subsection 364 (5) of the Act is amended by striking out "subject only to" in the portion before clause (a) and substituting "except".

71.  The Act is amended by adding the following sections:

Offences re ozone depleting substances

371.1  (1)  If a corporation is convicted of an offence under a by-law described in subsection (2), every director or officer of the corporation who knowingly concurred in the contravention of the by-law is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year.

Substance of by-law

(2)  A by-law for the purpose of subsection (1) is a by-law for regulating the disposal of ozone depleting substances and for regulating the testing, servicing and repair of products, materials and equipment containing or manufactured using ozone depleting substances.

Penalty

(3)  The penalty provided for in subsection (1) may be imposed in addition to or instead of any fine that may be imposed.

Deemed by-law re ozone depleting substances

371.2  (1)  On the day section 371.1 comes into force, the City is deemed to have passed a by-law under sections 366 and 370 providing that,

(a) a person who contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $5,000;

(b) a corporation that contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $50,000; and

(c) a director or officer of a corporation who knowingly concurs in the contravention of a by-law described in subsection 371.1 (2) by the corporation is guilty of an offence and subject to a fine not exceeding $10,000.

Power of City

(2)  The City may amend or repeal the deemed by-law.

72.  The French version of section 372 of the Act is amended by striking out "des recours et des sanctions prévus" in the portion before clause (a) and substituting "de tout autre recours et de toute sanction prévue".

73.  (1)  Paragraph 4 of subsection 375 (1) of the Act is amended by striking out "or" at the end of subparagraph 4 ii, by adding "or" at the end of subparagraph 4 iii and by adding the following subparagraph:

iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person.

(2)  Paragraph 5 of subsection 375 (1) of the Act is repealed and the following substituted:

5. The City shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry,

i. is under section 386, or

ii. is under Part XIV if, under that Part, the treasurer registers a notice of vesting, in the name of the City, in respect of the land.

(3)  Subsection 375 (2) of the Act is amended by striking out "this Act" in the portion before paragraph 1 and substituting "subsection (1)".

74.  Subsection 376 (1) of the Act is amended by adding the following paragraph:

4. An order made under section 372.

75.  Section 377 of the Act is amended,

(a) by striking out "section 379" at the end of clause (a) and substituting "section 360 or 379"; and

(b) by adding the following clause:

(c.1) a warrant issued under section 360 is obtained;

76.  (1)  The French version of subsection 378 (2) of the Act is amended by striking out "et afin d'exercer" in the portion before clause (a) and substituting "et à exercer".

(2)  Section 378 of the Act is amended by adding the following subsection:

Application

(8)  Subsections 376 (3) to (6) apply with necessary modifications to an inspection authorized by an order under this section.

77.  The French version of subsection 379 (2) of the Act is amended by striking out "qui donnent des motifs raisonnables de croire qu'elles fourniront" and substituting "dont on a des motifs raisonnables de croire qu'ils fourniront".

78.  The French version of section 380 of the Act is amended by striking out "des recours et des sanctions prévus" and substituting "de tout autre recours et de toute sanction prévue".

79.  The Act is amended by adding the following sections:

Inspection of buildings containing marijuana grow operations

388.1  (1)  If the clerk of the City is notified in writing by a police force that a building located on land in the City contained a marijuana grow operation, the City shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.

Persons who may conduct inspection

(2)  An inspection referred to in subsection (1) may be conducted by,

(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or

(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

Nature of inspection

(3)  The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.

Powers to conduct inspection

(4)  The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.

Action to be taken

(5)  Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.

Definition

(6)  In this section,

"police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.

Co-ordination of enforcement

388.2  (1)  Without limiting sections 7 and 8, those sections authorize the City to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.

Other matters not affected

(2)  Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.

80.  The Act is amended by adding the following section:

Exemption from liability, calming measures

392.1  (1)  Despite any Act, if a by-law of the City described in subsection (2) is in effect, no liability attaches to the City by reason of the passing of the by-law or anything done in accordance with it.

Calming measures by-law

(2)  A by-law for the purpose of subsection (1) is a by-law that,

(a) designates a highway or portion of a highway under the jurisdiction of the City as a speed control zone;

(b) authorizes the installation of devices in any part of the highway in a speed control zone so as to alter the surface of the highway;

(c) permits or requires that signs identifying a speed control zone be posted; and

(d) contains a description of the devices that are authorized for installation, the signs permitted or required to be posted and the placement of signs identifying a speed control zone.

No exemption from negligence

(3)  Despite subsection (1), nothing in this section relieves the City from liability for negligence.

81.  The Act is amended by adding the following section:

North York Performing Arts Centre Corporation

North York Performing Arts Centre Corporation

Definitions

411.1  (1)  In this section,

"arts centre" means any land, building, fixtures and undertakings owned or available to or used by the corporation and located within the part of the City that on December 31, 1997 constituted the City of North York; ("centre des arts")

"corporation" means the North York Performing Arts Centre Corporation continued under subsection (2). ("société")

Continuation of corporation

(2)  The North York Performing Arts Centre Corporation is continued as a city board.

Application of provisions

(3)  Sections 426 and 428 apply with necessary modifications to the corporation and its board of directors.

Not-for-profit corporation

(4)  The corporation shall be carried on without the purpose of gain and any income or other accretions to the corporation shall be used in promoting its objects.

Objects

(5)  The objects of the corporation are, for charitable purposes, to maintain, operate and manage the arts centre for the benefit of the public and, without limiting these general objects,

(a) to provide facilities and services for the performing arts, the fine arts and other charitable and cultural activities;

(b) to establish educational facilities and provide instruction in all areas of the arts;

(c) to provide facilities and services for holding receptions, meetings, conferences, conventions, exhibitions and displays;

(d) to operate an art gallery, gift shop, theatre, music hall, studio theatre, concert hall, ballroom, film, television or recording studio, refreshment stands and restaurants;

(e) to promote the advancement of the performing and fine arts;

(f) to present, produce, manage and conduct performances of the performing arts, including plays, dramas, comedies, revues, operas, concerts, musicals, television shows, video tapes, sound recordings, films, variety, ballets, shows and other artistic undertakings;

(g) to promote and market the arts centre;

(h) to oversee, arrange or contract for and supervise the design, construction and promotion of any building or structure for the arts centre.

Claims, etc.

(6)  Subject to any agreement of the City to the contrary, all claims, demands or causes of action arising from or relating to the objects of the corporation shall be made upon or brought against the corporation and not upon or against the City.

Activities deemed not to be undertaking

(7)  Except to the extent that a regulation under clause 39 (g) of the Environmental Assessment Act designates an enterprise or activity of the corporation or of the City related to the corporation as an undertaking to which that Act applies,

(a) the enterprises, proposals, plans, activities or programs of the corporation are deemed not to be an undertaking to which the Environmental Assessment Act applies; and

(b) this subsection is deemed to be a regulation under clause 39 (f) of the Environmental Assessment Act.

82.  (1)  This section applies only if Bill 14 ( Access to Justice Act, 2006 ), introduced on October 27, 2005, receives Royal Assent.

(2)  References in this section to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 14.

(3)  Subsections (4) and (5) apply only if section 130 of Schedule F to Bill 14 comes into force before subsections 419 (2) and (3), respectively, of the City of Toronto Act, 2006 come into force.

(4)  If section 130 of Schedule F to Bill 14 comes into force before subsection 419 (2) of the City of Toronto Act, 2006 comes into force, subsection 419 (2) of the Act is amended by striking out "for the purposes of subsection 14 (2) of the Interpretation Act, to constitute the substitution of the provision of this Act for the corresponding provision of that Act" and substituting "for the purposes of section 46 of the Legislation Act, 2006, to constitute the replacement of the provision of that Act by the corresponding provision of this Act".

(5)  If section 130 of Schedule F to Bill 14 comes into force before subsection 419 (3) of the City of Toronto Act, 2006 comes into force, subsection 419 (3) of the Act is amended by striking out "for the purposes of section 15 of the Interpretation Act, to constitute a re-enactment of the Municipal Act, 2001 in relation to the City" at the end and substituting "for the purposes of sections 45 and 46 of the Legislation Act, 2006, to constitute the repeal and replacement of the Municipal Act, 2001 in relation to the City".

83.  The Act is amended by adding the following sections:

By-laws under private Acts continued under this Act

419.1  (1)  This section applies with respect to provisions of this Act for which there were corresponding provisions in a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

Powers not limited

(2)  Nothing in the provisions described in subsection (1) limits the powers of the City under sections 7 and 8 and the powers mentioned in subsection 6 (2) are deemed to include powers under a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

Interpretation

(3)  A provision of this Act described in subsection (1) is deemed to be a substitute for or replacement of the corresponding provision in the private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

. . . . .

Temporary authority for by-laws, etc.

420.1  (1)  If, as a result of the repeal of a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006, the City no longer has the authority to pass a by-law or resolution that was in force immediately before the repeal, despite the absence of authority,

(a) the by-law or resolution continues in force until its repeal, expiration or January 1, 2010, whichever occurs first; and

(b) the authority, as it read immediately before its repeal, continues to apply to the by-law or resolution passed under it before its repeal.

Restrictions

(2)  A by-law or resolution described in subsection (1) cannot be amended.

Effect

(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 the City.

Deemed by-law re powers and duties

420.2  (1)  This section applies if a person or body, other than a city board, ceases to be authorized to exercise powers or perform duties on behalf of, or in relation to, the City by virtue of the coming into force of any provision of,

(a) the Stronger City of Toronto for a Stronger Ontario Act, 2006; or

(b) Schedule B to the Municipal Statute Law Amendment Act, 2006.

Same

(2)  On the day on which the applicable provision comes into force, the City is deemed to have passed any by-law necessary under this Act to give the person or body any power or duty,

(a) that the City is capable of giving to the person or body under this Act; and

(b) that the person or body was authorized to exercise or perform, on behalf of or in relation to the City, immediately before that day.

Same

(3)  If the deemed by-law is a delegation by-law, it is also deemed to provide that both the City and the delegate can exercise the delegated powers.

Amend or repeal

(4)  The City may amend or repeal the deemed by-law.

84.  Section 423 of the Act is repealed.

85.  Section 425 of the Act is amended by striking out "and 474.10" and substituting "474.10 and 474.10.1".

86.  The Act is amended by adding the following sections:

Transition, 2007 tax year

425.1  In Parts XII and XIII, a reference to a provision of this Act is deemed to be a reference to the corresponding provision of the Municipal Act, 2001, if the context requires it.

Adjustments

425.2  For the purpose of Part XIII, adjustments made after 2006 that relate to amounts payable but not paid before 2007 under the Municipal Act, 2001 or that relate to overpayments made before 2007 under that Act shall be charged or credited under this Act as if the amounts had been payable or overpayments made under this Act.

87.  Section 429 of the Act is amended by adding the following subsection:

Deemed local board

(3)  A board continued by subsection (1) is deemed to be a local board of the City for all purposes.

88.  (1)  Subsection 430 (1) of the Act is amended by adding "or Schedule B to the Municipal Statute Law Amendment Act, 2006" at the end.

(2)  Subsection 430 (2) of the Act is amended by adding "or Schedule B to the Municipal Statute Law Amendment Act, 2006" after "2006".

89.  Subsection 432 (1) of the Act is amended by adding the following clause:

(e) to deal with problems or issues arising as a result of the repeal of a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

90.  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 440 of the City of Toronto Act, 2006 comes into force, section 440 of the Act is amended by striking out "the Ontario Municipal Employees Retirement System Act does not apply in respect of the person" at the end and substituting "the Ontario Municipal Employees Retirement System Act, 2006 does not apply in respect of the person".

91.  (1)  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 441 of the City of Toronto Act, 2006 comes into force, subsection 441 (1) of the Act is amended by striking out "section 9 of the Ontario Municipal Employees Retirement System Act" and substituting "section 7 of the Ontario Municipal Employees Retirement System Act, 2006".

(2)  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 441 of the City of Toronto Act, 2006 comes into force, subsection 441 (2) of the Act is amended by striking out "The Ontario Municipal Employees Retirement System Act" at the beginning and substituting "The Ontario Municipal Employees Retirement System Act, 2006".

92.  The Act is amended by adding the following section:

Persons administering certain pension funds

443.1  (1)  This section applies to a person who is a member of a pension committee, as defined in the Pension Benefits Act, which is the administrator of,

(a) the Toronto Fire Department Superannuation and Benefit Fund; or

(b) The Toronto Civic Employees Pension and Benefit Fund.

Indemnification

(2)  The City shall indemnify any person from losses, costs, damages or expenses arising out of or connected with the person's status as a member of a pension committee referred to in subsection (1) and shall defend the person in respect of any claim related thereto, but the City shall not indemnify a person if the losses, costs, damages or expenses are due to the person's fraud or deliberate breach of trust.

Alternate member

(3)  For the purposes of this section, a person who is an alternate member of a pension committee is also a member of the committee.

93.  Section 444 of the Act is repealed.

94.  Clause 451 (3) (a) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

95.  The Act is amended by adding the following sections:

Social housing programs

Definition

453.1  (1)  In this section,

"social housing program" means a program or project that,

(a) is entirely owned or operated by or is leased to and operated by a non-profit housing co-operative as defined in the Co-operative Corporations Act or a non-profit corporation as defined in the National Housing Act (Canada) and that, in the opinion of the City, is designed to provide housing accommodation primarily for persons with low to moderate incomes, at a charge not exceeding the greater of,

(i) the amount required to finance, operate and maintain such accommodation without profit, and

(ii) the amount required to be charged for such accommodation under the terms of an agreement respecting the financing of the accommodation where one party is the provincial or federal government or an agent of either, or

(b) provides housing accommodation that is owned and operated by or on behalf of Toronto Housing Company Inc. or Toronto Community Housing Corporation.

Zoning densities

(2)  Without limiting section 113, in a by-law passed under section 34 of the Planning Act, the City may, in addition to establishing densities under the authority of that section, establish one or more residential densities of development applicable to any land in respect of which the owner of the land and the operator of the housing accommodation, if different from the owner, agree with the City to provide all or such proportion as specified in the by-law of the housing accommodation located or to be located on the land, for the purpose of a social housing program.

Agreements

(3)  The City may require an owner and an operator, if different from the owner, to enter into one or more agreements respecting the provision of social housing accommodation referred to in subsection (2).

Registration of agreement

(4)  An agreement under subsection (3) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

Validity of agreement

(5)  An agreement made under subsection (3) is not invalid by reason only of the failure to specify particulars of a social housing program.

Consent required

(6)  If an agreement has been registered under subsection (4), no person shall, during the term of the agreement in respect of any unit of housing accommodation that is part of a social housing program, without the written consent of the City,

(a) convey the unit, by way of deed or transfer, or grant, assign or exercise a power of appointment with respect to the unit;

(b) mortgage or charge the unit or enter into an agreement of purchase and sale respecting the unit; or

(c) enter into an agreement that has the effect of granting the use of or right in the unit directly or by entitlement to renewal for a period of 21 years or more.

Effect of lack of consent

(7)  If an agreement has been registered under subsection (4), an agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of subsection (6), does not create or convey any interest in the unit.

Restriction

(8)  If notice of an agreement has been registered against land to which the Land Titles Act applies under subsection (4), the City shall apply to the land registrar to have an entry made on the register that, unless the City has given its consent,

(a) no transfer shall be made or charge created;

(b) no notice of agreement of sale and purchase shall be registered; and

(c) no lease or notice of lease having the effect of granting the use of or right in land directly or by entitlement to renewal for a period of 21 years or more shall be registered.

Certificate of clerk

(9)  If a written consent under subsection (6) has been given by the City, the city clerk shall provide a certificate, in registrable form, to the person obtaining the consent stating that the written consent of the City has been obtained and the certificate is conclusive evidence that the consent was given and that the provisions of this section leading to the consent have been complied with and, after the certificate has been given, no action may be maintained to question the validity of the consent and the certificate may be registered in the proper land registry office.

Validity of by-laws restricting occupancy

(10)  A by-law passed by the City that implements subsection (2) is not invalid by reason only that the effect of it is to restrict occupancy of housing accommodation to such persons or classes of persons as are set out in the by-law.

Offence

(11)  A by-law that implements subsection (2) may provide that any person entering into an agreement under subsection (3) who fails to provide the proportion or number of units for such period of time as may be specified in the agreement for the purposes of a social housing program is guilty of an offence and upon conviction is liable to a fine of not more than $10,000.

Damages

(12)  In addition to the penalty set out in subsection (11), every owner who contravenes the agreement is liable for damages payable to the City in an amount equal to the difference between the charge that should have been made for the housing accommodation under the agreement and the actual charge made for the housing accommodation for the period of time that the owner or operator has contravened the agreement and the damages may be recovered as a debt due to the City.

Contents of agreement

(13)  Subsections (6), (7) and (8) do not apply to an agreement unless those subsections are set out in the agreement.

Exemptions or reductions

(14)  In a by-law passed under section 34 of the Planning Act that implements subsection (2), the City may give exemptions or reductions, or both, from the zoning provisions and standards otherwise applicable to similar forms of housing accommodation that are not part of a social housing program.

No appeal

(15)  Despite subsection 34 (11) of the Planning Act, a person may not appeal to the Ontario Municipal Board in respect of all or any part of a requested amendment to a City by-law passed under section 34 of that Act if the amendment or part of the amendment proposes to establish one or more residential densities of development authorized by subsection (2).

Agreement with owner

(16)  The City may enter into an agreement with the owner of land proposing a development on the land that is to contain housing accommodation for the purposes of a social housing program but for which no by-law under section 34 of the Planning Act prescribing the matters set out in subsection (2) is required and the agreement may contain provisions respecting the maintenance of the accommodation and such other terms as are agreed between the owner and the City and subsections (4), (5), (6), (7), (8), (9) and (13) apply to the agreement.

Old references

(17)  A reference in a by-law passed by the City before May 24, 1988 to "assisted housing", "assisted housing program" or an "owner of land who has entered an agreement under section 5 of The City of Toronto Act, 1975 (No. 2)" is deemed to be a reference to "social housing", "social housing program" and an "owner of land and operator of the housing accommodation if different from the owner", respectively.

Continuation of by-laws, agreements

(18)  A by-law referred to in subsection 5 (2) of The City of Toronto Act, 1975 (No. 2), being chapter 117, and any agreement entered into under subsection 5 (3) of that Act before May 24, 1988, continues in force until repealed or revoked by the City.

Continuation of existing by-laws, agreements re: assisted housing

453.2  Despite the repeal of section 3 of The City of Toronto Act, 1979, being chapter 142, by section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006, a by-law passed under section 3 and an agreement entered into under the by-law remain in force and subsection 3 (3) of The City of Toronto Act, 1979 continues to apply to the agreement as if section 3 had not been repealed.

Repeals

96.  The private Acts or provisions of private Acts described in Table 1 to this Schedule are repealed.

Commencement

97.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 96 come into force on a day to be named by proclamation of the Lieutenant Governor.

______________

TABLE 1 / TABLEAU 1
REPEALED PRIVATE ACTS OR PARTS THEREOF / LOIS OU PARTIES DE LOIS D'INTÉRÊT PRIVÉ ABROGÉES

Annual Statutes Volume

Volume annuel des lois

Chapter Number

Numéro de chapitre

Provisions of Act

repealed
Dispositions abrogées

Title of Act

Titre de la loi

1871-72

77

All/La totalité

An Act to amend the Municipal Institutions Act of Upper Canada, so far as the same relates to the Corporation of the City of Toronto

1871-72

79

All/La totalité

An Act to authorize the Corporation of the City of Toronto to construct Water Works in the City of Toronto

1874

75

All/La totalité

An Act to amend the Act passed in the Thirty-fifth year of Her Majesty's reign, chaptered seventy-nine, intituled "An Act to authorize the Corporation of the City of Toronto to construct Water Works in the City of Toronto"

1875-76

64

All/La totalité

An Act to amend the Acts relating to the Toronto Water Works

1878

41

All/La totalité

An Act respecting the city of Toronto, and Toronto Water Works

1884

59

All/La totalité

An Act respecting the City of Toronto

1885

73

All/La totalité

An Act respecting the City of Toronto

1888

47

All/La totalité

An Act respecting the Incorporation of the Village of East Toronto

1892

78

All/La totalité

An Act to confirm By-laws Numbers 76 and 77 of the Town of North Toronto, and for other purposes

1898

54

All/La totalité

An Act respecting the City of Toronto

1900

68

All/La totalité

An Act to incorporate the Town of East Toronto

1904

47

All/La totalité

An Act respecting the Town of East Toronto

1907

95

All/La totalité

An Act respecting the City of Toronto

1908

79

All/La totalité

An Act respecting the Town of East Toronto

1909

105

All/La totalité

An Act respecting the Township of Etobicoke

1909

114

All/La totalité

An Act respecting the Town of North Toronto

1912

126

All/La totalité

An Act respecting the City of Toronto

1915

80

All/La totalité

An Act respecting the Township of York

1916

96

All/La totalité

An Act respecting the City of Toronto

1916

100

All/La totalité

An Act respecting the Township of York

1917

77

All/La totalité

An Act to incorporate the Town of Mimico

1919

114

All/La totalité

An Act respecting the Township of York

1923

88

All/La totalité

The Township of Scarborough Act, 1923

1924

95

All/La totalité

The Township of Etobicoke Act, 1924

1924

138

All/La totalité

The Township of East York Act, 1924

1924

140

All/La totalité

The Township of York Act, 1924

1925

86

All/La totalité

The Township of Etobicoke Act, 1925

1926

107

All/La totalité

The Township of North York Act, 1926

1928

82

All/La totalité

The Township of Scarborough Act, 1928

1930

90

All/La totalité

The Township of North York Act, 1930

1932

89

All/La totalité

The Township of Scarborough Act, 1932

1932

96

All/La totalité

The Township of York Act, 1932

1935

99

All/La totalité

The County of York Act, 1935

1937

106

All/La totalité

The County of York Act, 1937

1939

73

All/La totalité

The City of Toronto Act, 1939

1941

81

All/La totalité

The City of Toronto Act, 1941

1946

146

All/La totalité

The Township of York Act, 1946

1947

142

All/La totalité

The City of Toronto Act, 1947

1950

116

All/La totalité

The City of Toronto Act, 1950

1953

120

All/La totalité

The Township of North York Act, 1953

1956

103

All/La totalité

The Township of Etobicoke Act, 1956

1960

170

All/La totalité

The City of Toronto Act, 1960

1961-62

171

All/La totalité

The City of Toronto Act, 1961-62

1966

178

All/La totalité

The Township of North York Act, 1966

1967

114

All/La totalité

The Borough of Etobicoke Act, 1967

1968

176

4

The City of Toronto Act, 1968

1973

213

All/La totalité

The City of Toronto Act, 1973

1975

117

6

The City of Toronto Act, 1975 (No. 2)

1976

105

3

The City of Toronto Act, 1976

1976

111

All/La totalité

The Borough of York Act, 1976

1977

95

1 (a)

The Borough of North York Act, 1977

1977

104

All/La totalité

The Borough of Scarborough Act, 1977

1979

142

3

The City of Toronto Act, 1979

1980

117

All/La totalité

The City of North York Act, 1980

1980

126

All/La totalité

The City of Toronto Act, 1980

1981

103

4, 6

City of Toronto Act, 1981

1983

Pr12

All/La totalité

Borough of East York Act, 1983

1983

Pr30

8

City of Toronto Act, 1983 (No. 2)

1985

Pr22

13

City of Toronto Act, 1985

1986

Pr27

All/La totalité

City of Scarborough Act, 1986

1987

Pr3

All/La totalité

City of Toronto Act, 1987

1988

Pr24

All/La totalité

City of North York Act, 1988

1988

Pr29

2, 5

City of Toronto Act, 1988 (No. 2)

1988

Pr45

All/La totalité

City of North York Act, 1988 (No. 2)

1989

Pr34

All/La totalité

City of Toronto Act, 1989 (No. 2)

1989

Pr42

All/La totalité

City of Etobicoke Act, 1989

1990

Pr11

All/La totalité

City of Toronto Act, 1990

1990

Pr12

All/La totalité

City of Toronto Act, 1990 (No. 2)

1991

Pr6

All/La totalité

City of North York Act, 1991

1991

Pr10

All/La totalité

City of Toronto Act, 1991

1991

Pr11

All/La totalité

City of Toronto Act, 1991 (No. 2)

1991

Pr22

All/La totalité

City of North York Act, 1991 (No. 2)

1992

Pr22

All/La totalité

City of Toronto Act, 1992

1992

Pr25

All/La totalité

City of Toronto Act, 1992 (No. 2)

1992

Pr54

All/La totalité

City of York Act, 1992

1993

Pr24

All/La totalité

City of North York Act, 1993

1993

Pr46

All/La totalité

City of Toronto Act, 1993 (No. 4)

1994

Pr56

All/La totalité

City of York Act, 1994

SCHEDULE C
AMENDMENTS CONSEQUENTIAL TO THE ENACTMENT OF THE CITY OF TORONTO ACT, 2006

1.  Clause 29 (5) (c) of the Accessibility for Ontarians with Disabilities Act, 2005 is amended by adding "or section 252 of the City of Toronto Act, 2006" at the end.

2.  (1)  The definition of "tax roll" in section 1 of the Assessment Act is repealed and the following substituted:

"tax roll" means a tax roll prepared in accordance with the Municipal Act, 2001 or the City of Toronto Act, 2006; (rôle d'imposition)

(2)  Subclause 2 (2) (d.5) (ii) of the Act is repealed and the following substituted:

(ii) continuing the application of section 323 of the Municipal Act, 2001 or section 285 of the City of Toronto Act, 2006 with respect to the hospital and prescribing a limit on the annual amount levied under those sections that is different from the limit under subsection 323 (3) of the Municipal Act, 2001 or under subsection 285 (3) of the City of Toronto Act, 2006, respectively;

(3)  Paragraph 29 of subsection 3 (1) of the Act is amended striking out "subsection 315 (1) of the Municipal Act, 2001" and substituting "subsection 315 (4) of the Municipal Act, 2001 or subsection 280 (2) of the City of Toronto Act, 2006".

(4)  Section 3 of the Act is amended by adding the following subsection:

City of Toronto

(5)  The following apply to land described in subsection 280 (1) of the City of Toronto Act, 2006:

1. The land is liable to taxation but only as provided under section 280 of the City of Toronto Act, 2006 or Division B of Part IX of the Education Act.

2. No assessed value or classification is required for the land.

(5)  Subsection 8 (2) of the Act is amended by striking out "incorporated by the City of Toronto Act, 1997" at the end.

(6)  Subsection 17.3 (3) of the Act is repealed and the following substituted:

Applies only to commercial and industrial

(3)  A regulation under subsection (1) may apply only to the commercial classes and industrial classes, both within the meaning of subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006.

(7)  Subsection 27 (14) of the Act is repealed and the following substituted:

Collection of payments

(14)  The provisions relating to the collection of taxes in the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and in this Act apply with necessary modifications to the payments required to be made by a commission under this section.

(8)  Subsection 27.1 (6) of the Act is amended by striking out " Municipal Act " and substituting " City of Toronto Act, 2006 ".

(9)  Subsection 27.2 (3) of the Act is repealed and the following substituted:

Collection of payments

(3)  The provisions relating to the collection of taxes in the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and in this Act apply with necessary modifications to the payments required under this section.

3.  (1)  Subsection 8 (7) of the Building Code Act, 1992 is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 15.4 (4) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(3)  Subsection 15.6 (7) of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(4)  Subsection 15.7 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(5)  Subsection 15.9 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(6)  Subsection 15.10 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(7)  Subsection 17.1 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

4.  Section 13 of the Bulk Sales Act is repealed and the following substituted:

Municipal rights preserved

13.  Nothing in this Act affects the rights of any municipality under the Assessment Act, Parts VIII, IX and X of the Municipal Act, 2001 or Parts X, XI, XII and XIII of the City of Toronto Act, 2006.

5.  Section 61 of the Capital Investment Plan Act, 1993 is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

6.  Subsection 18 (2) of the Commercial Tenancies Act is repealed and the following substituted:

Re-entry on conviction of tenant, disorderly house

(2)  Every such demise shall be deemed to include an agreement that if the tenant or any other person is convicted of keeping a disorderly house within the meaning of the Criminal Code (Canada) on the demised premises or any part of it, or carries on or engages in, on the demised premises or any part of it, any trade, calling, business or occupation for which a licence is required under a business licensing by-law, as defined in subsection 1 (1) of the Municipal Act, 2001 or a by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006, as the case may be, without that licence, it is lawful for the landlord at any time thereafter to re-enter into the demised premises or any part of it and to have again, repossess and enjoy the same as of the landlord's former estate.

7.  Clause 86 (1) (b) of the Condominium Act, 1998 is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

8.  Subsection 33 (1) of the Conservation Authorities Act is amended by adding "or section 277 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

9.  The Schedule to the Consolidated Hearings Act is amended by adding "City of Toronto Act, 2006".

10.  Subsection 61 (3) of the Conveyancing and Law of Property Act is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

11.  Subsection 7.3 (2) of the Day Nurseries Act is amended by adding "or section 82 of the City of Toronto Act, 2006" at the end.

12.  (1)  Paragraph 4 of subsection 5 (5) of the Development Charges Act, 1997 is amended by adding "or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 37 (1) of the Act is amended by adding "and any equivalent provisions of, or made under, the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Paragraph 4 of subsection 63 (3) of the Act is repealed and the following substituted:

4. Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the fund.

13.  Section 11 of the Dog Owners' Liability Act is amended by adding "and section 11 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

14.  Subsection 61 (4) of the Drainage Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

15.  (1)  The definition of "reserve fund" in subsection 1 (1) of the Education Act is amended by adding "or section 7 or 8 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Section 58 of the Act is repealed and the following substituted:

Municipal charges

58.  (1)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006 but subject to subsection (3), a by-law imposing fees and charges passed under those provisions does not apply to a board.

Same

(2)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006, a by-law passed under those provisions does not apply in respect of anything provided or done by or on behalf of the municipality or upper-tier municipality in connection with taxes levied under Division B of Part IX of this Act.

Exception

(3)  The Lieutenant Governor in Council may make regulations providing for exceptions to subsection (1).

(3)  Subsection 231 (7) of the Act is repealed and the following substituted:

Non-application

(7)  Subsections 417 (3), (4) and (5) of the Municipal Act, 2001 or any equivalent provisions of, or made under, the City of Toronto Act, 2006 do not apply with respect to the money.

(4)  Clause (b) of the definition of "education funding" in subsection 234 (14) of the Act is repealed and the following substituted:

(b) from taxes under Division B of this Act or Part IX of the Municipal Act, 2001 or Part XI of the City of Toronto Act, 2006, as the case may be, other than taxes for the purposes of,

(i) paying a board's share of the amount of any cancellation, reduction, refund or rebate of taxes under section 361, 364, 365 or 365.2 of the Municipal Act, 2001 or under section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be,

(ii) paying a board's share of the amount of the tax assistance provided under section 365.1 of the Municipal Act, 2001 or under section 333 of the City of Toronto Act, 2006, as the case may be, or

(iii) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act,

(5)  Subsection 235 (2) of the Act is amended by adding "or section 83 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 240 (6) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(7)  The definition of "municipality" in subsection 245 (1) of the Act is amended by adding "as it read the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006" at the end.

(8)  Clause 247 (3) (h) of the Act is repealed and the following substituted:

(h) providing that any provision of, or made under, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, relating to borrowing or debentures applies, with any modifications specified in the regulations, in relation to borrowing by a board under this section or debentures issued by a board under this section.

(9)  Subsection 247 (8) of the Act is amended by adding "or any equivalent provisions of, or made under, the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(10)  Clause (c) of the definition of "business property" in section 257.5 of the Act is repealed and the following substituted:

(c) property described in paragraphs 1 and 2 of subsection 315 (1) of the Municipal Act, 2001 or paragraphs 1 and 2 of section 280 of the City of Toronto Act, 2006, as the case may be;

(11)  Subsection 257.6 (4) of the Act is amended by striking out "incorporated by the City of Toronto Act, 1997".

(12)  Subsection 257.7 (3) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(13)  Subsection 257.10 (3) of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(14)  Clause 257.11 (17) (a) of the Act is amended by adding "or section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be" at the end.

(15)  Clause 257.11 (17) (b) of the Act is amended by adding "or under section 333 of the City of Toronto Act, 2006, as the case may be" at the end.

(16)  Clause 257.11 (18) (c) of the Act is amended by adding "under section 281 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(17)  Clause 257.12 (1) (c) of the Act is amended by adding "or section 273 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(18)  Subsection 257.12 (1.1) of the Act is repealed and the following substituted:

Definition

(1.1)  In clause (1) (b),

"tax rates for school purposes" includes tax rates for the purposes of,

(a) paying a board's share of the amount of any cancellation, reduction, refund or rebate of taxes under section 361, 364, 365 or 365.2 of the Municipal Act, 2001 or under section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be,

(b) paying a board's share of the amount of the tax assistance provided under section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, or

(c) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act.

(19)  Clause 257.12 (3) (b) of the Act is amended by adding "or section 124 of the City of Toronto Act, 2006, as the case may be" at the end.

(20)  Clause 257.12 (3) (h) of the Act is amended by adding "or paragraph 1 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(21)  Clause 257.12 (3) (i) of the Act is amended by adding "or paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(22)  Subsection 257.12 (6) of the Act is amended by adding "or paragraph 1 of subsection 278 (1) and subsections 278 (2) and (3) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(23)  Subsection 257.12.1 (1) of the Act is amended by adding "or section 280 of the City of Toronto Act, 2006, as the case may be" at the end.

(24)  Subsection 257.12.1 (6) of the Act is amended by adding "or subsection 277 (2) of the City of Toronto Act, 2006, as the case may be" at the end.

(25)  Paragraph 3 of subsection 257.12.1 (7) of the Act is amended by adding "or section 275 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(26)  Paragraph 4 of subsection 257.12.1 (7) of the Act is amended by adding "or section 275 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(27)  Subsection 257.12.1 (9) of the Act is repealed and the following substituted:

Graduated tax rates

(9)  Subsections 314 (4) and (6) of the Municipal Act, 2001 and the regulations made under clauses 314 (5) (b) and (c) of that Act and subsections 279 (3) and (5) of the City of Toronto Act, 2006 and the regulations made under clauses 279 (4) (b) and (c) of that Act, as the case may be, apply with necessary modifications to the tax rates specified in a by-law under subsection (3) or (5).

(28)  Subsection 257.12.1 (10) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(29)  Subsection 257.12.1 (11) of the Act is repealed and the following substituted:

Definitions

(11)  In this section,

"commercial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories commerciales")

"industrial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be. ("catégories industrielles")

(30)  Subsection 257.12.2 (9) of the Act is repealed and the following substituted:

Definitions

(9)  In this section,

"commercial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories commerciales")

"industrial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories industrielles")

"municipality" means a single-tier municipality or an upper-tier municipality. ("municipalité")

(31)  Subsection 257.13 (1) of the Act is amended by adding "or section 283 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(32)  Subsection 257.19 (3) of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(33)  Section 257.96 of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(34)  Subclause 257.101 (1) (k) (iii) of the Act is repealed and the following substituted:

(iii) varying the application of section 417 of the Municipal Act, 2001 or any equivalent provision of, or made under, the City of Toronto Act, 2006, as the case may be, with respect to such reserve funds,

16.  (1)  Section 43.1 of the Electricity Act, 1998 is amended by adding "or section 72 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 84 (4) of the Act is repealed and the following substituted:

Same

(4)  In addition to the amounts payable under subsections (2) and (3), the Financial Corporation shall pay in each year, to any municipality in which land owned by it and described in paragraph 2 of subsection 315 (1) of the Municipal Act, 2001 or paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be, is situate, an amount equal to the tax that would be imposed under section 315 of the Municipal Act, 2001 or section 280 of the City of Toronto Act, 2006, as the case may be, on that land if the land were taxable.

(3)  Clause (d.1) of the definition of "municipal electricity utility" in section 88 of the Act is repealed and the following substituted:

(d.1) a corporation established after May 1, 2003 under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act, for the purpose of acquiring, holding, disposing of and otherwise dealing with shares of a corporation incorporated by the municipal corporation under section 142 of this Act,

17.  The definition of "employee of a municipality" in section 1 of the Emergency Management Act is repealed and the following substituted:

"employee of a municipality" means an employee as defined in section 278 of the Municipal Act, 2001 or a designated employee as defined in section 217 of the City of Toronto Act, 2006, as the case may be; ("employé municipal")

18.  Section 37 of the Environmental Assessment Act is repealed and the following substituted:

Boards excluded

37.  Despite the definition of "municipality" in subsection 1 (1), if a notice or document is required to be given under this Act to the clerk of a municipality, the reference to municipality does not include local boards, as defined in the Municipal Affairs Act, a corporation incorporated by a municipality under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or a corporation incorporated by the City of Toronto under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act or any other board exercising any power with respect to municipal or school purposes in an unorganized territory or unsurveyed territory.

19.  (1)  Subsection 100.1 (5) of the Environmental Protection Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 154 (2) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 154 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 154 (5) of the Act is repealed and the following substituted:

Interpretation

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 154 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(6)  Subsection 154 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(7)  Paragraph 5 of subsection 168.12 (2) of the Act is repealed and the following substituted:

5. Any action taken on non-municipal property under or for the purpose of Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006.

(8)  Subsection 168.13 (1) of the Act is repealed and the following substituted:

Ownership by vesting

(1)  If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under this Act to the municipality or a municipal representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

(9)  Subsection 168.14 (1) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before paragraph 1.

(10)  Subsection 168.15 (2) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

20.  (1)  Subsection 7.1 (5) of the Fire Protection and Prevention Act, 1997 is amended by adding "or with Part XV of the City of Toronto Act, 2006, other than paragraph 4 of subsection 375 (1) of that Act, as the case may be" at the end.

(2)  Subsection 38 (3) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 38 (5) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 38 (6) of the Act is repealed and the following substituted:

Interpretation

(6)  In subsections (7) and (8),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 38 (7) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 38 (8) of the Act is repealed and the following substituted:

Cancellation price

(8)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of theCity of Toronto Act, 2006, as the case may be.

21.  (1)  Clause 54 (1) (b) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding "section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Clause 54 (1) (c) of the Act is amended by adding "section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before subclause (i).

(3)  Subsection 54 (8) of the Act is amended by adding "under section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 54 (9) of the Act is amended by adding "under section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before clause (a).

(5)  This section comes into force on the later of the day section 54 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day section 324 of the City of Toronto Act, 2006 comes into force.

22.  Subsection 23 (1) of the Greenbelt Act, 2005 is repealed and the following substituted:

Regulations by Minister

(1)  The Minister may, by regulation,

(a) require municipalities within the areas designated as Protected Countryside in the Greenbelt Plan to pass by-laws referred to in section 135 or 142, or both, of the Municipal Act, 2001 or in section 104 or 105, or both, of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions;

(b) prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (a) that are additional to those powers referred to in section 135 or 142 of the Municipal Act, 2001 or section 104 or 105 of the City of Toronto Act, 2006;

(c) prescribe anything that is referred to in this Act as being prescribed, other than those matters described in section 22.

23.  (1)  Subsection 49 (8) of the Health Protection and Promotion Act is amended by adding "or section 204 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 49 (10) of the Act is amended by adding "and section 222 of the City of Toronto Act, 2006" at the end.

24.  (1)  Subsection 26 (3) of the Highway Traffic Act is repealed and the following substituted:

Cancellation of permit

(3)  The Minister may cancel a disabled person parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking.

(2)  Subsection 28 (1) of the Act is repealed and the following substituted:

Inspection, disabled person parking permit

(1)  Every person having possession of a disabled person parking permit shall, upon the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking are being complied with.

(3)  Clause 28 (2) (e) of the Act is repealed and the following substituted:

(e) is being or has been used in contravention of the regulations or of a by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking.

(4)  On the later of the day this subsection comes into force and the day subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.3) of the Act is amended by striking out "and (6)" and substituting "(6) and (6.1)".

(5)  On the later of the day this subsection comes into force and the day subsection 6 (5) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.4) of the Act is repealed and the following substituted:

Same

(6.4)  Despite subsection 4 (2) of Schedule B to the Transportation Statute Law Amendment Act, 2005, the rate of speed prescribed for any highway or portion of a highway under the jurisdiction of the City of Toronto that was in force immediately before subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force shall remain in force until the council of the City of Toronto passes a by-law prescribing a rate of speed for that highway or portion of a highway under this section.

(6)  Subsection 166 (1) of the Act is repealed and the following substituted:

Passing street cars

Standing street car, etc.

(1)  Where a person in charge of a vehicle or on a bicycle or on horseback or leading a horse on a highway overtakes a street car or a car of an electric railway, operated in or near the centre of the roadway, which is stationary for the purpose of taking on or discharging passengers, he or she shall not pass the car or approach nearer than 2 metres measured back from the rear or front entrance or exit, as the case may be, of the car on the side on which passengers are getting on or off until the passengers have got on or got safely to the side of the street, as the case may be, but this subsection does not apply where a safety zone has been set aside and designated by a by-law passed under section 9, 10 or 11 of the Municipal Act, 2001 or under section 7 or 8 of the City of Toronto Act, 2006, as the case may be.

(7)  Subsection 210 (4) of the Act is repealed and the following substituted:

Report on disabled person parking by-law conviction

(4)  Despite subsection (1), a judge, provincial judge or justice of the peace who makes a conviction under a municipal by-law passed for establishing a system of disabled parking under section 9, 10, 11 or 102 of the Municipal Act, 2001 or section 7, 8 or 80 of the City of Toronto Act, 2006 for the improper use of a disabled person parking permit issued under section 26 or the clerk of the court in which the conviction is made shall promptly notify the Registrar of the conviction setting out the name and address of the person convicted, the number of the disabled person parking permit used in the offence, the name and address of the person or organization in whose name the disabled person parking permit is issued, the date the offence was committed and the provision of the by-law contravened.

25.  Subsection 15 (3) of the Homes for the Aged and Rest Homes Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" at the end.

26.  (1)  Subsection 7 (5) of the Housing Development Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 19 (2) of the Act is repealed and the following substituted:

Exemption, municipalities

(2)  A municipality does not require the Minister's approval to engage in an activity described in subsection (1) for the purpose described in subsection (1).

27.  The definition of "old board" in section 1 of the Hummingbird Performing Arts Centre Corporation Act, 1998 is repealed and the following substituted:

"old board" means The Board of Directors of the Hummingbird Centre for the Performing Arts continued by subsection 411 (1) of the City of Toronto Act, 2006. ("ancien conseil")

28.  (1)  Subsection 29 (2) of the Lakes and Rivers Improvement Act is amended by adding "or in section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 29 (5) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsections 29 (6) and (7) of the Act are repealed and the following substituted:

Cancellation price

(6)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

Interpretation

(7)  In subsections (5) and (6),

"cancellation price" has the same meaning that it has in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

29.  The Schedule to the Limitations Act, 2002 is amended by adding the following:

City of Toronto Act, 2006

Subsections 214 (4), 250 (2) and 351 (4)

30.  (1)  Subsection 8 (3) of the Line Fences Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 12 (5) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(3)  Subsection 12 (7) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(4)  Subsection 18 (2) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(5)  Subsection 18 (3) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(6)  Section 26 of the Act is repealed and the following substituted:

Non-application

26.  This Act, except section 20, does not apply to land in an area that is subject to a by-law for apportioning the costs of line fences passed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be.

(7)  Section 31 of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

31.  Clause 3 (4) (b) of the Metropolitan Toronto Convention Centre Corporation Act is repealed and the following substituted:

(b) an employee, as defined in section 278 of the Municipal Act, 2001, or a designated employee, as defined in section 217 of the City of Toronto Act, 2006, as the case may be, of a municipality or of a local board or local board (extended definition), respectively, as defined in those sections.

32.  Subsection 7 (7) of the Motorized Snow Vehicles Act is amended by adding "or Part XV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

33.  (1)  Clause 4 (e) of the Municipal Conflict of Interest Act is amended by adding "or Part IX of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 14 (1) of the Act is amended by adding "or section 218 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001" in the portion before clause (a).

(3)  Subsection 14 (3) of the Act is amended by striking out "section 418 of the Municipal Act, 2001" at the end and substituting "the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

34.  (1)  Subsection 29 (1.1) of the Municipal Elections Act, 1996 is amended by adding "section 203 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Subsection 29 (2.1) of the Act is amended by adding "or section 206 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 30 (4) of the Act is amended by adding "section 186 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 30 (8) of the Act is repealed and the following substituted:

Non-employees

(8)  This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be.

(5)  Paragraph 2 of subsection 37 (4) of the Act is amended by adding "or clause 208 (1) (a) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subparagraph 1 iv of subsection 65 (4) of the Act is amended by adding "or subsection 211 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

35.  Clause (b) of the definition of "institution" in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

(b) a school board, municipal service board, city board, transit commission, public library board, board of health, police services board, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act, 2001 or the City of Toronto Act, 2006 or a predecessor of those Acts,

36.  Section 7 of the Municipal Health Services Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

37.  (1)  Subsection 4 (5) of the Municipal Tax Assistance Act is amended by adding "and a regulation made under section 266 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Subsection 4 (6) of the Act is repealed and the following substituted:

Sewer and waterworks rates

(6)  The Crown in right of Ontario or any Crown agency may, in respect of any provincial property, pay fees and charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006 in respect of capital costs and the operating, repair and maintenance costs of water and sewage works.

(3)  Subsection 4 (7) of the Act is amended by adding "or section 287 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

38.  (1)  Subsection 9 (2) of the Municipal Water and Sewage Transfer Act, 1997 is repealed and the following substituted:

Collection of payments

(2)  A municipality that is entitled to payments for services it is required to provide under clause (1) (a) may, for the purpose of collecting those payments, pass a by-law deeming the payments to be fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, in respect of sewage works or water works and those Acts and the regulations made under those Acts apply with necessary modifications to the collection of the payments.

(2)  Clause 15 (b) of the Act is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

39.  (1)  Subsection 38 (3) of the Nutrient Management Act, 2002 is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 38 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(3)  Subsection 38 (6) of the Act is amended by adding "or under Part XIV of the City of Toronto Act, 2006, as the case may be" after "predecessor of that Part".

(4)  Subsection 38 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

40.  Section 14 of the Ombudsman Act is amended by adding the following subsections:

Application

(2.1)  Subsections (2.2) to (2.6) apply if a municipality has not appointed an investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001 or if the City of Toronto has not appointed an investigator referred to in subsection 190.2 (1) of the City of Toronto Act, 2006, as the case may be.

Investigation

(2.2)  The Ombudsman may investigate, on a complaint made to him or her by any person,

(a) whether a municipality or local board of a municipality has complied with section 239 of the Municipal Act, 2001 or a procedure by-law under subsection 238 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public; or

(b) whether the City of Toronto or a local board of the City has complied with section 190 of the City of Toronto Act, 2006 or a procedure by-law under subsection 189 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public.

Non-application

(2.3)  Subsections 14 (4) and 18 (4) and (5), sections 20 and 21 and subsections 22 (1) and 25 (3) and (4) do not apply to an investigation under subsection (2.2).

Interpretation

(2.4)  For the purposes of an investigation under subsection (2.2),

(a) the references in subsections 18 (1) and 25 (2) to "head of the governmental organization" shall be deemed to be a reference to "municipality or local board";

(b) the references in subsections 18 (3) and (6), 19 (1) and (2) and 25 (1) to "governmental organization" shall be deemed to be references to "municipality or local board";

(c) the reference in subsection 19 (3) to the Public Service Act shall be deemed to be a reference to the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; and

(d) the reference in subsection 19 (3.1) to the Freedom of Information and Protection of Privacy Act shall be deemed to be a reference to the Municipal Freedom of Information and Protection of Privacy Act.

Ombudsman's report and recommendations

(2.5)  If, after making an investigation under subsection (2.2), the Ombudsman is of opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 of the Municipal Act, 2001 or to a procedure by-law under subsection 238 (2) of that Act or contrary to section 190 of the City of Toronto Act, 2006 or to a procedure by-law under subsection 189 (2) of that Act, as the case may be, the Ombudsman shall report his or her opinion, and the reasons for it, to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(2.6)  The municipality or local board shall ensure that reports received under subsection (2.5) by the municipality or local board, as the case may be, are made available to the public.

41.  Clause 12 (4) (c) of the Ontarians with Disabilities Act, 2001 is amended by adding "or section 252 of the City of Toronto Act, 2006, as the case may be" at the end.

42.  Subsection 42 (2) of the Ontario Energy Board Act, 1998 is repealed and the following substituted:

Duty of gas distributor

(2)  Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act, sections 80, 81, 82 and 83 of the Municipal Act, 2001 and sections 64, 65, 66 and 67 of the City of Toronto Act, 2006, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor's distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building.

43.  (1)  Clause 6 (a) of the Ontario Municipal Board Act is amended by adding "or Part IX of the City of Toronto Act, 2006" at the end.

(2)  Clause 54 (1) (l) of the Act is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Section 65 of the Act is amended by adding the following subsection:

Non-application

(6)  This section does not apply to the City of Toronto.

44.  Section 9 of the Ontario Northland Transportation Commission Act is repealed and the following substituted:

Exemption from licences

9.  The following do not apply to nor are binding upon the Commission:

1. Sections 2 to 17 and 27 to 29 of the Public Vehicles Act.

2. A business licensing by-law, as defined in subsection 1 (1) of the Municipal Act, 2001, for the licensing, regulating and governing of motor or other vehicles involved in the carriage of persons or goods.

3. A by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006 for the licensing, regulating and governing of motor or other vehicles involved in the carriage of persons or goods.

45.  (1)  Subsection 54 (11) of the Ontario Water Resources Act is amended by striking out "or a predecessor of that Act" and substituting "the City of Toronto Act, 2006 or a predecessor of those Acts".

(2)  Subsection 55 (4) of the Act is amended by striking out "or a predecessor of that Act" and substituting "the City of Toronto Act, 2006 or a predecessor of those Acts".

(3)  Subsection 65 (4) of the Act is repealed and the following substituted:

Application

(4)  Subject to this section, Part XII of the Municipal Act, 2001 or Part IX of the City of Toronto Act, 2006, as the case may be, and the regulations under those Parts apply with necessary modifications to sewer rates and sewage service rates imposed under this section.

(4)  Subsection 65 (5) of the Act is repealed and the following substituted:

Same

(5)  Every water works rate or water service rate imposed under this section shall, in so far as is practicable and subject to this section, be imposed in the same manner and with and subject to the same provisions as apply to fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, in respect of water works and those Acts and the regulations under those Acts apply with necessary modifications to the imposition of such rates.

(5)  Subsection 88 (2) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 88 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006" at the end.

(7)  Subsection 88 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(8)  Subsection 88 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(9)  Subsection 88 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Fire Protection and Prevention Act, 1997, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(10)  Paragraph 5 of subsection 89.6 (2) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" at the end.

(11)  Subsection 89.7 (1) of the Act is repealed and the following substituted:

Ownership by vesting

(1)  If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue a direction or order under this Act to the municipality or a municipal representative with respect to the property unless the direction or order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

(12)  Subsection 89.8 (1) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before paragraph 1.

46.  Paragraph 5 of subsection 31.3 (2) of the Pesticides Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" at the end.

47.  (1)  Subsections 28 (4), (4.1), (4.2), (4.3), (4.4) and (5) of the Planning Act are repealed and the following substituted:

Community improvement plan

(4)  When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1).

Same

(5)  Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) to (50.1) apply, with necessary modifications, in respect of a community improvement plan and any amendments to it.

Same

(5.1)  The Minister is deemed to be the approval authority for the purpose of subsection (5).

Same

(5.2)  Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with.

(2)  Subsection 28 (7.3) of the Act is amended by adding "or section 333 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(3)  Subsection 28 (8) of the Act is repealed.

(4)  Subsection 28 (12) of the Act is amended by adding "or any regulation under section 256 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(5)  Subsection 34 (4) of the Act is repealed and the following substituted:

Interpretation

(4)  A trailer as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, and a mobile home as defined in subsection 46 (1) of this Act are deemed to be buildings or structures for the purpose of this section.

(6)  Clauses 40 (3) (a) and (b) of the Act are repealed and the following substituted:

(a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;

(b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;

(7)  Subsection 40 (4) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(8)  The definition of "development" in subsection 41 (1) of the Act is amended by striking out "168 (5) of the Municipal Act, 2001" and substituting "164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be".

(9)  Subsection 41 (11) of the Act is amended by striking out "Section 427 of the Municipal Act, 2001" at the beginning and substituting "Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be".

(10)  Subsection 42 (16) of the Act is amended by striking out "section 418 of the Municipal Act, 2001" and substituting "the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

(11)  Subsection 44 (10) of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(12)  Section 58 of the Act is repealed and the following substituted:

Acquisition of land

58.  The Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, applies to the acquisition of land under this Act.

48. (1) This section applies only if Bill 51 ( Planning and Conservation Land Statute Law Amendment Act, 2006) , introduced on December 12, 2005, receives Royal Assent.

(2)  The reference to subsection 13 (6) of Bill 51 in subsection (3) is a reference to that subsection as it was numbered in the first reading version of the Bill and, if Bill 51 is renumbered, the reference to subsection 13 (6) is deemed to be a reference to the equivalent renumbered provision of Bill 51.

(3)  On the latest of the day subsection 13 (6) of Bill 51 comes into force, the day section 333 of the City of Toronto Act, 2006 comes into force and the day this section comes into force, subsection 28 (7.3) of the Planning Act is amended by adding "or section 333 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

49.  Subsection 119 (6) of the Police Services Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

50.  Section 1 of the Pounds Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

51.  Subsection 3 (4) of the Provincial Parks Act is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

52.  (1)  This section applies only if Bill 11 (Provincial Parks and Conservation Reserves Act, 2006), introduced on October 25, 2005, receives Royal Assent.

(2)  References in this section to provisions of Bill 11 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 11 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 11.

(3)  Subsections (4) and (5) come into force on the later of the day this section comes into force and the day section 30 of the Provincial Parks and Conservation Reserves Act, 2006 comes into force.

(4)  Subsection 30 (1) of the Provincial Parks and Conservation Reserves Act, 2006 is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

(5)  Subsection 30 (2) of the Provincial Parks and Conservation Reserves Act, 2006 is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

53.  (1)  Section 17 of the Public Libraries Act is amended by adding "or subsections 195 (1), (4), (5) and (6) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Section 22 of the Act is repealed and the following substituted:

Employee benefits

Pensions

22.  (1)  A board may, by resolution, provide pensions for employees or any class of them and their surviving spouses and children.

Sick leave credits

(2)  A board may, by resolution, establish a system of sick leave credit gratuities for employees or any class of them in the manner and subject to the conditions set out in section 281 of the Municipal Act, 2001 or section 220 of the City of Toronto Act, 2006, as the case may be, and those sections apply with necessary modifications.

(3)  Subsection 24 (7) of the Act is amended by adding "or section 139 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(4)  Subsection 25 (4) of the Act is amended by striking out "provided by the Municipal Act, 2001" and substituting "provided under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

54.  Subsection 4 (1) of the Public Sector Labour Relations Transition Act, 1997 is amended by adding the following definition:

"City of Toronto Act, 1997" means that Act as it read on the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006; ("Loi de 1997 sur la cité de Toronto")

55.  Clause (f) of the definition of "regulation" in section 1 of the Regulations Act is amended by adding "under the City of Toronto Act, 2006" after "Municipal Act, 2001".

56.  (1)  This section applies only if Bill 109 ( Residential Tenancies Act, 2006 ), introduced on May 3, 2006, receives Royal Assent.

(2)  The reference to subsection 219 (3) of the Residential Tenancies Act, 2006 in subsection (4) is a reference to that subsection as it was numbered in the first reading version of Bill 109 and, if Bill 109 is renumbered, the reference to that subsection is deemed to be a reference to the equivalent renumbered provision of Bill 109.

(3)  Subsection (4) comes into force on the latest of the day section 219 of the Residential Tenancies Act, 2006 comes into force, the day section 314 of the City of Toronto Act, 2006 comes into force and the day this section comes into force.

(4)  Subsection 219 (3) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

No special lien

(3)  Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection.

57.  Clause 9 (4) (b) of the Retail Sales Tax Act is amended by adding "or section 149 of the City of Toronto Act, 2006" at the end.

58.  (1)  Clauses (a) and (b) of the definition of "municipal drinking-water system" in subsection 2 (1) of the Safe Drinking Water Act, 2002 are repealed and the following substituted:

(a) that is owned by a municipality or by a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006,

(b) that is owned by a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act,

(2)  Clause 114 (7) (e) of the Act is amended by striking out "under Part XII of the Municipal Act, 2001" and substituting "under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, imposing fees and charges".

(3)  Subsection 124 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 124 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 124 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(6)  Subsection 124 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Ontario Water Resources Act and the Fire Protection and Prevention Act, 1997, and the purchaser may be declared to be the successful purchaser under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be.

59.  Subsection 16 (3) of the Settled Estates Act is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

60.  Subsection 9 (1) of the Shoreline Property Assistance Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

61.  (1)  Subsection 6 (1) of the Social Housing Reform Act, 2000 is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 17 (3) of the Act is amended by adding "subsection 15 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Subsection 23 (3) of the Act is amended by adding "and subsection 82 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 95 (2.1) of the Act, as enacted by section 13 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006, is repealed and the following substituted:

Exception

(2.1)  A housing provider does not require the consent of the Minister for a transaction or activity described in subsection (1) relating to a housing project if, before the housing provider carries out the transaction or activity, the service manager for the service area in which the housing project is located provides an indemnity that is acceptable to the Minister in relation to that transaction or activity.

(5)  Subsection 101 (7) of the Act is amended by striking out "section 3 of The City of Toronto Act, 1979" at the end and substituting "section 453.1 of the City of Toronto Act, 2006".

(6)  Subsection 137 (2) of the Act is amended by adding "and the City of Toronto Act, 2006" at the end.

62.  (1)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 139 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, clause (a) of the definition of "municipal auditor" in subsection 1 (1) of the Sustainable Water and Sewage Systems Act, 2002 is repealed and the following substituted:

(a) an auditor appointed by a regulated entity under section 296 of the Municipal Act, 2001 or section 139 of the City of Toronto Act, 2006, as the case may be, or

(2)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 235 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, subsection 1 (4) of the Act is amended by adding "or section 235 of the City of Toronto Act, 2006, as the case may be" at the end.

(3)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 141 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, subsection 2 (2) of the Act is repealed and the following substituted:

Same

(2)  A municipality is deemed to be providing water services or waste water services to the public for the purposes of this Act even if it has, before or after being designated under subsection (1),

(a) transferred all or part of its authority for doing so to a municipal service board established under the Municipal Act, 2001, a city board established under the City of Toronto Act, 2006 or any other person or entity; or

(b) entered into an agreement with a person or entity described in clause (a) to do so on its behalf.

63.  (1)  Subsection 4 (1) of the Tax Incentive Zones Act (Pilot Projects), 2002 is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 15 (1) of the Act is repealed and the following substituted:

Prohibition re assistance does not apply

15.  (1)  Section 106 of the Municipal Act, 2001 and section 82 of the City of Toronto Act, 2006 do not apply with respect to a cancellation of taxes, fees or charges by a municipality under this Act.

64.  Subsection 149 (3) of the Tenant Protection Act, 1997 is repealed and the following substituted:

Not special lien

(3)  Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection.

65.  Section 8 of the Tile Drainage Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

66.  Subsection 10 (2) of the Toronto District Heating Corporation Act, 1998 is repealed and the following substituted:

Non-application

(2)  The operations of the Corporation are deemed not to be a manufacturing business or other industrial or commercial enterprise for the purposes of subsections 82 (1) and (2) of the City of Toronto Act, 2006.

67.  (1)  Subsection 5 (5.1) of the Toronto Islands Residential Community Stewardship Act, 1993 is amended by striking out "Municipal Act" and substituting "City of Toronto Act, 2006".

(2)  Subsection 24 (1) of the Act is amended by striking out "Part XI of the Municipal Act, 2001" and substituting "Part XIV of the City of Toronto Act, 2006".

(3)  Subsection 33 (1) of the Act is amended by striking out "Part XI of the Municipal Act, 2001" and substituting "Part XIV of the City of Toronto Act, 2006".

68.  (1)  Subsection 6 (4) of the Toronto Waterfront Revitalization Corporation Act, 2002 is repealed and the following substituted:

Public meetings

(4)  Section 190 of the City of Toronto Act, 2006 applies with necessary modifications to meetings of the board.

(2)  Subsection 14 (2) of the Act is repealed and the following substituted:

Same, asset transfer

(2)  The City of Toronto is authorized to transfer rights, assets and liabilities to the Corporation or any subsidiary of the Corporation, despite section 82 of the City of Toronto Act, 2006, with the consent of the Corporation.

69.  (1)  Subsection 18 (5) of the Waste Management Act, 1992 is amended by striking out "City of Toronto Act, 1997 (No. 1)" and substituting "City of Toronto Act, 2006".

(2)  Clause 19 (2) (a) of the Act is repealed and the following substituted:

(a) overriding any provision applicable to the system or site that is contained in an agreement made under,

(i) the Municipal Act, the Regional Municipality of Durham Act, the Regional Municipality of Peel Act, the Regional Municipality of York Act or the Regional Municipalities Act, as those Acts read immediately before their repeal under the Municipal Act, 2001,

(ii) the City of Toronto Act, 1997 (No. 1) or the City of Toronto Act, 1997 (No. 2), as those Acts read immediately before their repeal under the Stronger City of Toronto for a Stronger Ontario Act, 2006; or

(iii) the Planning Act, the Municipal Act, 2001, the City of Toronto Act, 2006 or any Act designated under clause 18 (8) (d);

70.  (1)  Subsection 15 (6) of the Weed Control Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 16 (7) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Section 17 of the Act is amended by adding "or section 323 of the City of Toronto Act, 2006, as the case may be" at the end.

Commencement

71.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Section 21 comes into force as provided in that section.

Same

(3)  This Schedule, except section 21 and this section, comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE D
OTHER AMENDMENTS

1.  (1)  The French version of the definition of "local board" in section 1 of the City of Greater Sudbury Act, 1999 is amended by striking out "conseil de planification" and substituting "conseil d'aménagement" in the portion before clause (a).

(2)  Subsection 11.4 (3) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

2.  Subsection 11.4 (3) of the City of Hamilton Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

3.  Subsection 12.4 (3) of the City of Ottawa Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

4.  (1)  On the first day that this subsection and subsection 6 (2) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 are both in force, clause 128 (1) (d) of the Highway Traffic Act is repealed and the following substituted:

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(2)  If subsection (1) comes into force before subsection 6 (2) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, clause 128 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 6 (2), is repealed.

(3)  Subsection 128 (2) of the Act is repealed and the following substituted:

Rate of speed by by-law

(2)  The council of a municipality may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed different from the rate set out in subsection (1) that is not greater than 100 kilometres per hour and may prescribe different rates of speed for different times of day.

(4)  Subsection 128 (3) of the Act is repealed and the following substituted:

Same

(3)  The rate of speed set under subsection (10) may be any speed that is not greater than 100 kilometres per hour.

(5)  Subsections 128 (3.1) and (4) of the Act are repealed.

(6)  Clause 128 (5) (b) of the Act is repealed and the following substituted:

(b) for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, and prescribe the time or times at which the speed limit is effective.

(7)  Subsection 128 (6) of the Act is repealed and the following substituted:

Rate on bridges

(6)  If the council of a municipality by by-law prescribes a lower rate of speed for motor vehicles passing over a bridge on a highway under its jurisdiction than is prescribed under subsection (1), signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge.

(8)  Clause 128 (6.1) (b) of the Act is repealed and the following substituted:

(b) prescribe for any class or classes of motor vehicles a lower rate of speed, when travelling down grade on that portion of the highway, than is otherwise prescribed under subsection (1) or (2) for that portion of highway.

(9)  Subsections 128 (6.3) and (6.4) of the Act are repealed.

(10)  If subsection (9) comes into force on the same day or before subsection 6 (5) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 24 (5) of Schedule C is of no effect.

5.  (1)  Subsection 24 (4) of the Homes for the Aged and Rest Homes Act is amended by striking out "section 321 of the Municipal Act, 2001" at the end and substituting "section 26.1".

(2)  Subsection 25 (1) of the Act is amended by striking out "section 374 of the Municipal Act" at the end and substituting "section 26.1".

(3)  Subsection 26 (2) of the Act is amended by striking out "section 321 of the Municipal Act, 2001" and substituting "section 26.1".

(4)  The Act is amended by adding the following section:

Regulations re: apportionments

26.1  (1)  Despite any other Act, the Lieutenant Governor in Council may, with respect to a year, make regulations prescribing the basis on which apportionments are to be made by boards of management.

Retroactivity

(2)  A regulation is, if it so provides, effective with reference to a period before it is filed.

Application for review

(3)  Where, in respect of any year, the council of a supporting municipality is of the opinion that an apportionment made pursuant to a regulation made under subsection (1) is incorrect because of an error, omission or failure set out in subsection (4), the supporting municipality may apply to the Director, within 30 days after notice of the apportionment was sent to the supporting municipality, for a review to determine the correct proportion of the apportionments that each supporting municipality shall bear in the year.

Same

(4)  The errors, omissions and failures referred to in subsection (3) are,

(a) an error or omission in the amount of the assessment of one or more supporting municipalities;

(b) an error or omission in a calculation; or

(c) a failure to apply one or more provisions of the regulation made under subsection (1).

Appeal to Municipal Board

(5)  A supporting municipality may appeal the decision resulting from the Director's review to the Ontario Municipal Board within 30 days after notice of the decision was sent to the municipality.

Supporting municipality

(6)  In this section,

"supporting municipality" means one of the municipalities among which costs are to be apportioned by a board of management under section 24, 25 or 26.

6.  (1)  Section 20 of the Line Fences Act is repealed and the following substituted:

Duties of owner of former railway land

20.  (1)  Where land that was formerly used as part of a line of railway is conveyed in its entire width by the railway company to a person, the Crown in right of Ontario, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies with that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if,

(a) a farming business is carried out on the adjoining land; and

(b) the owner of the adjoining land upon which the farming business is carried out notifies the person, Crown in right of Ontario, Crown agency or municipality, as the case may be, that the owner desires that such person or entity construct, keep up and repair the fences that mark the lateral boundaries of the land.

Interpretation

(2)  In this section,

"farming business" means a business in respect of which,

(a) a current farming business registration is filed under the Farm Registration and Farm Organizations Funding Act, 1993, or

(b) the Agriculture, Food and Rural Affairs Appeal Tribunal has made an order under subsection 22 (6) of the Farm Registration and Farm Organizations Funding Act, 1993 that payment or filing be waived; ("entreprise agricole")

"owner" includes heirs, executors and assigns of the owner. ("propriétaire")

Notice

(3)  The notice under clause (1) (b) shall contain the prescribed information.

(2)  Section 29 of the Act is repealed and the following substituted:

Regulations by Minister

29.  The Minister may make regulations,

(a) prescribing forms and providing for their use;

(b) prescribing information that must be included in any notice or form required under this Act;

(c) requiring that a form approved or provided by the Ministry be used for any purpose of this Act.

7.  (1)  Clause 6 (2) (f.1) of the Liquor Licence Act is repealed and the following substituted:

(f.1) the applicant is carrying on activities that contravene, or will contravene if the applicant is licensed, a by-law of a municipality passed under subsection 62.1 (1);

(2)  Section 62.1 of the Act is repealed and the following substituted:

Municipal By-laws

By-law extending hours of sale

62.1  (1)  A municipality may pass by-laws extending the hours of sale of liquor in all or part of the municipality by the holders of a licence and a by-law may authorize a specified officer or employee of the municipality to extend the hours of sale during events of municipal, provincial, national or international significance.

Effect of by-law

(2)  A by-law passed under subsection (1) prevails over a regulation made under paragraph 18 or 19 of subsection 62 (1).

Exceptions

(3)  A by-law passed under subsection (1) does not prevail over a condition that is imposed by the Registrar under subsection 8 (3), 14 (1) or 17 (5), by a member of the Board under subsection 9 (6) or by the Board under subsection 12 (2), 17 (7) or 23 (11) or (12) or a condition that is consented to by an applicant or licensee under subsection 12 (2) or 17 (7).

8.  The French version of the definition of "local board" in section 1 of the Municipal Affairs Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

9.  Clause 1 (2) (b) of the Municipal Arbitrations Act is amended by striking out "under the Municipal Act, 2001 or".

10.  The French version of the definition of "local board" in section 1 of the Municipal Conflict of Interest Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

11.  Subsection 70.1 (5) of the Municipal Elections Act, 1996 is amended by adding "for the purposes of those subsections" after "subsections 71 (1) and (2)".

12.  (1)  Section 2 of the Municipal Extra-Territorial Tax Act is amended by adding the following subsections:

Regulation continues

(4)  Despite subsection (1), a regulation under that subsection continues to be valid until it is revoked even if, at any time,

(a) the Minister is no longer of the opinion that the affected municipality has experienced or will experience substantially increased expenditures as a result of a significant number of employees of businesses located in the municipal taxing area residing in that municipality; or

(b) a business designated under that subsection ceases to operate.

Deemed continuation of business

(5)  A business that was formerly designated but ceases to operate is deemed to continue for the purposes of this Act until the regulation under subsection (1) is revoked.

(2)  Section 3 of the Act is amended by adding the following subsections:

Power of Minister to make determination

(3)  Despite subsection (2) and subject to subsection (4), the Minister may determine attributable commercial assessment for a year under subsection (2) in any manner the Minister considers appropriate.

Condition

(4)  Subsection (3) applies only if all the designated municipalities have requested by resolution that a particular alternative method of determining attributable commercial assessment be used by the Minister for the year.

Applies to following year without request being made

(5)  If a particular alternative method of determining attributable commercial assessment is used by the Minister for a year, the Minister may use that method in the immediately following year without another request under subsection (4).

Not of legislative nature

(6)  A determination of the Minister under subsection (3) is deemed not to be of a legislative nature.

General or particular, etc.

(7)  A determination of the Minister under subsection (3) may be general or particular in its application and may be retroactive to a date no earlier than January 1 of the year in which the determination is made.

13.  (1)  Section 26 of the Ontario Heritage Act is amended by adding the following subsection:

Publication of notice

(4)  Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

(2)  Section 39.1 of the Act is amended by adding the following subsection:

Publication of notice

(3)  Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

14.  Subsection 56 (5) of the Public Utilities Act is amended by striking out "Municipal Act" and substituting "Municipal Arbitrations Act".

15.  (1)  The Retail Business Holidays Act is amended by adding the following section:

Non-application, municipalities

1.2  (1)  This Act does not apply to a municipality and does not apply in respect of any by-law of the municipality or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that this Act does not apply to it.

Condition for by-law to take effect

(2)  A by-law under subsection (1) does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday.

By-law valid

(3)  Nothing in section 7 invalidates a by-law passed by a municipality under section 148 of the Municipal Act, 2001 if the municipality has passed a by-law under subsection (1) providing that this Act does not apply.

Exception

(4)  Despite subsection (1), Part XVII of the Employment Standards Act, 2000 shall be applied as if this Act applies to the municipality and to retail business establishments located in the municipality.

(2)  Clause 4 (6) (b) of the Act is repealed and the following substituted:

(b) shall publish notice of the public meeting in a manner determined by the council;

16.  Subsection 13.4 (3) of the Town of Haldimand Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

17.  Subsection 13.4 (3) of the Town of Norfolk Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

Commencement

18.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 17 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE E
AMENDMENTS TO THE ONTARIO HOUSING CORPORATION ACT AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Ontario Housing Corporation Act

1.  (1)  The title of the Ontario Housing Corporation Act is repealed and the following substituted:

Ontario Mortgage and Housing Corporation Act

(2)  The definition of "Corporation" in section 1 of the Act is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

(3)  Section 1 of the Act is amended by adding the following definitions:

"prescribed" means prescribed by regulation; ("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

(4)  Subsections 2 (1) and (2) of the Act are repealed and the following substituted:

Ontario Mortgage and Housing Corporation

(1)  The Ontario Housing Corporation is continued as a corporation without share capital under the name Ontario Mortgage and Housing Corporation in English and Société ontarienne d'hypothèques et de logement in French.

Powers of a natural person

(2)  For the purposes of exercising its powers under this Act, the Corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act.

Composition

(2.1)  The Corporation shall consist of at least five members appointed by the Lieutenant Governor in Council.

Term of office

(2.2)  A member shall hold office at the pleasure of the Lieutenant Governor in Council.

(5)  Subsection 2 (4) of the Act is repealed and the following substituted:

Fiscal year

(4)  On and after April 1, 2007, the Corporation's fiscal year shall commence on April 1 in each year and end on March 31 in the following year.

Transition

(4.1)  The fiscal year that commenced on January 1, 2006 shall end on March 31, 2007.

(6)  The Act is amended by adding the following sections:

Agent of the Crown

5.1  Subject to section 10.2, the Corporation is an agent of the Crown in right of Ontario and may exercise its powers only as an agent of the Crown.

Ministerial policies and directives

5.2  (1)  The Minister may issue policies and directives in writing to the Corporation in respect of any matter under this Act.

Corporation to follow policies and directives

(2)  The Corporation's board of directors shall ensure that a policy or directive issued under subsection (1) is followed.

Policies and directives are not regulations

(3)  Policies and directives are not regulations within the meaning of the Regulations Act.

(7)  Subsection 6 (1) of the Act is repealed and the following substituted:

Powers of Corporation

(1)  The Corporation, with the approval of the Lieutenant Governor in Council, may make any loan, grant, guarantee or advance that may be made by the Lieutenant Governor in Council under section 2 of the Housing Development Act, or by the Minister under section 3 of that Act.

(8)  Section 6 of the Act is amended by adding the following subsection:

Power to create subsidiaries

(3)  The Corporation, with the approval of the Lieutenant Governor in Council, may create a subsidiary corporation.

(9)  The Act is amended by adding the following sections:

Ontario Mortgage and Housing Initiative

6.1  (1)  The Corporation shall administer an initiative known as the Ontario Mortgage and Housing Initiative.

Purpose of Ontario Mortgage and Housing Initiative

(2)  The purpose of the Ontario Mortgage and Housing Initiative is to facilitate the development of affordable housing.

Powers re Ontario Mortgage and Housing Initiative

(3)  The Corporation may do anything it considers necessary to fulfil the purpose described in subsection (2), including,

(a) developing and managing a roster of approved lenders who may provide mortgage financing for the purposes of developing affordable housing, and making the roster available to persons interested in developing affordable housing;

(b) providing other information about affordable housing to approved lenders or potential approved lenders and to persons interested in developing affordable housing; and

(c) entering into agreements in relation to the Ontario Mortgage and Housing Initiative.

Definition

(4)  In this section,

"affordable housing" means,

(a) affordable housing within the meaning of the Affordable Housing Program Agreement, and

(b) any other prescribed housing or prescribed type of housing.

Powers to administer housing programs

6.2  (1)  The Corporation shall manage, administer and deliver all or part of the program known as "Program A2 - Affordable Home Ownership Program", set out in Schedule A of the Affordable Housing Program Agreement.

Same

(2)  The Corporation shall manage, administer and deliver such housing programs or parts of housing programs as may be prescribed.

Same

(3)  For the purposes of subsections (1) and (2), the Corporation may,

(a) enter into an agreement with any person; and

(b) make any loan, grant, guarantee or advance related to the program, and take security for the loan, guarantee or advance.

Definition

6.3  (1)  In sections 6.1, 6.2 and this section,

"Affordable Housing Program Agreement" means the agreement signed April 29, 2005 and effective April 1, 2003 between the Canada Mortgage and Housing Corporation and Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Public Infrastructure Renewal.

Agreement to be publicly available

(2)  The Minister shall ensure that a copy of the Affordable Housing Program Agreement is publicly available on the website of the Ministry of Municipal Affairs and Housing.

(10)  Subsection 9 (1) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(11)  Subsection 9 (3) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(12)  Subsection 9 (4) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(13)  The Act is amended by adding the following sections:

Protection from personal liability

10.1  (1)  No proceeding shall be commenced against any director, officer, employee, servant or agent of the Corporation or of a subsidiary of the Corporation created under subsection 6 (3) for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty.

Corporation's liability

(2)  Subsection (1) does not relieve the Corporation or a subsidiary of the Corporation created under subsection 6 (3) of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

Agent of the Crown, restriction

10.2  (1)  The Corporation may declare in writing in a contract, security or instrument that it is not acting as an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument.

Effect

(2)  If the Corporation makes a declaration under subsection (1), it is deemed not to be an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument and,

(a) the Crown is not liable for any liabilities or obligations incurred by the Corporation under the contract, security or instrument; and

(b) no proceeding shall be commenced against the Crown in respect of any act or omission of the Corporation or of any of its officers, directors, employees, servants or agents relating to the contract, security or instrument.

Same

(3)  Clause (2) (b) prohibits a proceeding against the Crown in respect of an act or omission of any officer, director, employee, servant or agent of the Corporation who is a Crown employee, despite clause 5 (1) (a) of the Proceedings Against the Crown Act.

Exception

(4)  Clause (2) (b) does not apply to a proceeding to enforce against the Crown in right of Ontario its obligations under a contract, security or instrument to which it is a party.

Conflict of interest and indemnification

10.3  Sections 132, 134 and 136 of the Business Corporations Act apply to the Corporation and to its directors and officers with necessary modifications.

Assets and revenues

10.4  Despite Part I of the Financial Administration Act, the assets and revenues of the Corporation shall not form part of the Consolidated Revenue Fund.

Non-application of Mortgage Brokers Act

10.5  The Mortgage Brokers Act does not apply to the Corporation.

Non-application of Loan and Trust Corporations Act

10.6  The Loan and Trust Corporations Act does not apply to the Corporation except as specified by regulation.

(14)  Section 11 of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(15)  The Act is amended by adding the following section:

Regulations

14.  The Lieutenant Governor in Council may make regulations,

(a) prescribing housing or types of housing for the purposes of clause (b) of the definition of "affordable housing" in subsection 6.1 (4);

(b) prescribing housing programs or parts of housing programs for the purposes of subsection 6.2 (2);

(c) prescribing provisions of the Loan and Trust Corporations Act that apply to the Corporation under section 10.6.

2.  (1)  This section applies only if Bill 14 ( Access to Justice Act, 2006 ), introduced on October 27, 2005, receives Royal Assent.

(2)  References in this section to a provision of Bill 14 are references to that provision as it was numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provision of Bill 14.

(3)  On the later of the day this section comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 5.2 (3) of the Ontario Mortgage and Housing Corporation Act is amended by striking out "the Regulations Act" and substituting "Part III (Regulations) of the Legislation Act, 2006".

Conveyancing and Law of Property Act

3.  Clause 36 (2) (a) of the Conveyancing and Law of Property Act is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

Ministry of Municipal Affairs and Housing Act

4.  (1)  Subsection 8 (2) of the Ministry of Municipal Affairs and Housing Act is amended by striking out "Ontario Housing Corporation Act" and substituting "Ontario Mortgage and Housing Corporation Act" and by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

(2)  Subsection 8 (3) of the Act is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation" and by striking out " Ontario Housing Corporation Act " and substituting " Ontario Mortgage and Housing Corporation Act ".

Social Housing Reform Act, 2000

5.  (1)  The definition of "Ontario Housing Corporation" in section 2 of the Social Housing Reform Act, 2000 is repealed and the following substituted:

"Ontario Mortgage and Housing Corporation" means the Ontario Mortgage and Housing Corporation continued under the Ontario Mortgage and Housing Corporation Act; ("Société ontarienne d'hypothèques et de logement")

(2)  The following provisions of the Act are amended by striking out "Ontario Housing Corporation" wherever it appears and substituting in each case "Ontario Mortgage and Housing Corporation":

1. Definition of "operating agreement" in section 2.

2. Subsection 10 (1).

3. Subsection 18 (1).

4. Clause 18 (2) (a).

5. Subsection 31 (1).

6. Clause 34 (1) (a).

7. Clause 38 (3) (c).

8. Subsections 41 (2) and (3).

9. Subsection 48 (2).

10. Section 51.

11. Definition of "provincial document" in subsection 55 (1).

12. Subsection 55 (2).

13. Subsection 55 (9).

14. Section 56 in the portion before clause (a).

15. Subsection 103 (3).

16. Paragraph 5 of subsection 105 (1).

17. Definition of "C" in subsection 106 (2).

18. Paragraph 3 of subsection 108 (1).

19. Clauses 134 (6) (a) and (b).

20. Subsection 165 (1).

Tenant Protection Act, 1997

6.  (1)  Paragraph 1 of subsection 5 (1) of the Tenant Protection Act, 1997 is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

(2)  Subsection 5 (4) of the Act is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

7.  (1)  This section applies only if Bill 109 (Residential Tenancies Act, 2006), introduced on May 3, 2006, receives Royal Assent.

(2)  References in this section to provisions of Bill 109 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 109 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 109.

(3)  Section 6 of this Schedule does not apply if section 259 of Bill 109 comes into force before the day this Schedule comes into force.

(4)  On the later of the day this section comes into force and the day subsection 7 (1) of Bill 109 comes into force, paragraph 1 of subsection 7 (1) of Bill 109 is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

(5)  On the later of the day this section comes into force and the day subsection 7 (4) of Bill 109 comes into force, subsection 7 (4) of Bill 109 is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

Commencement

8.  This Schedule comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 130 and does not form part of the law. Bill 130 has been enacted as Chapter 32 of the Statutes of Ontario, 2006.

SCHEDULE A
AMENDMENTS TO THE MUNICIPAL ACT, 2001

The amendments to the Municipal Act, 2001 would give municipalities most of the powers and duties that were given to the City of Toronto under the City of Toronto Act, 2006. The major subject areas being included are as follows (references in brackets are to the proposed provisions of the Act):

1. Broad permissive powers to pass by-laws, including by-laws respecting business licensing (sections 9, 10 and 11).

2. Broad delegation powers (sections 23.1 to 23.5).

3. Regulation of the demolition of residential rental properties (section 99.1).

4. Broader powers to establish, change and dissolve certain local boards (sections 9, 10 and 11 and 216).

5. Clarify and strengthen the roles of head of council and council (sections 224 to 226.1).

6. Enhanced accountability powers, including permissive authority to establish an Integrity Commissioner, code of conduct, Ombudsman, Auditor General and lobbyist registry (new Part V.1).

7. Offences and penalties provisions are re-enacted and the powers of municipalities expanded to parallel those in Part XV of the City of Toronto Act, 2006 (Part XIV).

8. Authority is given to the Lieutenant Governor in Council to make regulations in the provincial interest imposing limits and conditions on the exercise of powers of municipalities (section 451.1).

Many of the amendments to the Municipal Act, 2001 deal with the same subject-matter as currently exists in the Act but change the amended provisions to reflect the new approach (paralleling the City of Toronto Act, 2006) wherein municipalities are given broad powers under sections 9, 10 and 11 of the Act. For example, see new sections 196, 203 and 216 of the Act.

Unlike the City of Toronto Act, 2006, the Municipal Act, 2001 deals with both upper-tier and lower-tier municipalities. Sections 8 to 11 are re-enacted to give broad powers to both upper-tier and lower-tier municipalities. However, municipalities continue to have authority within the specific spheres of jurisdiction assigned to them (i.e. the lower-tier or upper-tier, as appropriate) in the Act. The broad powers would not override the powers given in the spheres of jurisdiction.

SCHEDULE B
AMENDMENTS TO THE CITY OF TORONTO ACT, 2006

This Schedule amends the City of Toronto Act, 2006 to incorporate provisions that deal with subject-matters that were formerly dealt with in private Acts. These subject-matters include: (a) removal of objects and vehicles from parks; (b) power of entry to deal with trees that may be dangerous to persons or property; (c) agreements in relation to the protection of ravines; (d) standards to prevent persons from entering vacant buildings; (e) front yard parking; (f) traffic calming measures; (g) continuing the North York Performing Arts Centre Corporation; (h) ozone depleting substances; and (i) social housing programs. The related private Acts or private Act provisions are repealed in Table 1 of the Schedule as are certain other private Acts which are obsolete.

Other amendments to the City of Toronto Act, 2006 parallel changes being made to the Municipal Act, 2001, as set out in Schedule A, or are technical or editorial in nature.

SCHEDULE C
AMENDMENTS CONSEQUENTIAL TO THE ENACTMENT OF THE CITY OF TORONTO ACT, 2006

The amendments in this Schedule make consequential changes to Acts resulting from the enactment of the City of Toronto Act, 2006. These amendments change cross-references or add cross-references to include the relevant reference to the new Act. Most of them are necessary due to the fact that the Municipal Act, 2001, for the most part, no longer applies to the City of Toronto.

SCHEDULE D
OTHER AMENDMENTS

The City of Ottawa Act, 1999 is amended to give the City the same urban design powers provided for the City of Toronto in the City of Toronto Act, 2006. Specifically, Ottawa is granted the additional ability to approve off-site sustainable design elements on any adjoining highway as part of a site plan approval. (Section 3)

The Highway Traffic Act is amended to give all municipalities the power to set speed limits, not to exceed 100 kilometres per hour, for all highways under their jurisdiction. (Section 4)

The power to make regulations prescribing the basis on which apportionments are to be made among supporting municipalities for the operation of homes for the aged and rest homes is transferred from the Municipal Act, 2001 to the Homes for the Aged and Rest Homes Act. Necessary complementary amendments are made to both of the Acts. (Section 5)

The Line Fences Act is amended to require owners of abandoned railway rights-of-way to, upon request, pay for the costs of line fences abutting a farm business. (Section 6)

The Liquor Licence Act is amended to authorize municipalities to pass by-laws extending the hours of the sale of liquor by licence holders in all or part of a municipality. (Section 7)

The amendment to section 2 of the Municipal Extra-Territorial Tax Act would allow regulations made under that section to continue even though the circumstances that gave rise to the making of the regulation have changed. The amendment to section 3 of the Act would give the Minister, with the approval of all the designated municipalities, the power to provide for an alternative method of determining attributable commercial assessment under that section. (Section 12)

The amendment to the Retail Business Holiday Act would authorize a municipality to provide by by-law that the Act does not apply to any by-law of the municipality or any retail business establishment located in the municipality. The by-law does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday. (Section 15)

The other amendments set out in this Schedule are consequential, editorial or minor in nature.

SCHEDULE E
AMENDMENTS TO THE ONTARIO HOUSING CORPORATION ACT AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

The Schedule amends the Ontario Housing Corporation Act to continue the Ontario Housing Corporation as the Ontario Mortgage and Housing Corporation. The Ontario Mortgage and Housing Corporation is given powers and responsibilities in relation to a specified housing program, other prescribed housing programs and parts of such programs. In particular, the Corporation is given the power to make loans, grants, guarantees or advances related to the programs.

The Corporation is also given responsibility for administering a new initiative known as the Ontario Mortgage and Housing Initiative. The purpose of the initiative is to facilitate the development of affordable housing.

A section is included to clarify that the Corporation is a Crown agent. However, the Corporation may declare in a contract, security or instrument that it is not an agent of the Crown for that purpose. Where the declaration has been made, no proceeding may be commenced against the Crown in respect of the contract, security or instrument.

Consequential amendments are made to other Acts to reflect the new name of the Corporation.

[38] Bill 130 As Amended by Standing Committee (PDF)

Bill 130 2006

An Act to amend various Acts in relation to municipalities

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1.  This Act consists of this section, sections 2 and 3, and the Schedules to this Act.

Commencement

2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2)  The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

(3)  If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3.  The short title of this Act is the Municipal Statute Law Amendment Act, 2006.

SCHEDULE A
AMENDMENTS TO THE MUNICIPAL ACT, 2001

1.  (1)  The definition of "economic development services" in subsection 1 (1) of the Municipal Act, 2001 is repealed and the following substituted:

"economic development services" means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; ("services de développement économique")

(2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

"business licensing by-law" means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; ("règlement sur les permis d'entreprise")

"licence", in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning; ("permis")

"power", in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; ("pouvoir")

(3)  The French version of the definition of "local board" in subsection 1 (1) of the Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

2.  Section 2 of the Act is repealed and the following substituted:

Purposes

2.  Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.

3.  The Act is amended by adding the following section:

Agreements with the federal government

3.1  The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality's jurisdiction.

4.  Section 4 of the Act is amended by adding the following subsection:

Non-application

(2)  The Corporations Act and the Corporations Information Act do not apply to a municipality.

5.  Subsection 5 (3) of the Act is amended by striking out "section 8" and substituting "section 9".

6.  Subsections 7 (3) and (4) of the Act are repealed and the following substituted:

Override power

(3)  Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act.

Same

(4)  Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999.

7.  Subsection 7.1 (3) of the Act is amended by adding "and, when defined in any other Act or regulation as having the same meaning as in the Municipal Act, 2001, include the City of Toronto" at the end.

8.  Sections 8, 9, 10 and 11 of the Act are repealed and the following substituted:

Scope of powers

8.  (1)  The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues.

Ambiguity

(2)  In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force.

Scope of by-law making power

(3)  Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;

(b) require persons to do things respecting the matter;

(c) provide for a system of licences respecting the matter.

Scope of by-laws generally

(4)  Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.

Exception

(5)  Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII.

Powers of a natural person

9.  A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.

Broad authority, single-tier municipalities

10.  (1)  A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public.

By-laws

(2)  A single-tier municipality may pass by-laws respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

9. Animals.

10. Structures, including fences and signs.

11. Business licensing.

One power not affecting another

(3)  The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2).

Services or things provided by others

(4)  The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.

Exception

(5)  Nothing in subsection (4) prevents a municipality from passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.

Definition

(6)  In this section,

"local board" means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act, or

(f) a corporation established in accordance with section 203.

Broad authority, lower-tier and upper-tier municipalities

11.  (1)  A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4).

By-laws

(2)  A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

By-laws re: matters within spheres of jurisdiction

(3)  A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic development services.

11. Business licensing.

Rules

(4)  The following are the rules referred to in subsections (1), (2) and (3):

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table to this section, the upper-tier municipality does not have the power to pass by-laws under that sphere or part and does not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table to this section, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part and do not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table to this section, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. If a lower-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, its upper-tier municipality does not have the power to pass the by-law under this section.

5. If an upper-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, a lower-tier municipality of the upper-tier municipality does not have the power to pass the by-law under this section.

6. Paragraphs 4 and 5 apply to limit the powers of a municipality despite the inclusion of the words "without limiting sections 9, 10 and 11" or any similar form of words in the specific provision.

7. The power of a municipality with respect to the following matters is not affected by paragraph 4 or 5, as the case may be:

i. prohibiting or regulating the placement or erection of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway,

ii. any other matter prescribed by the Minister.

One power not affecting another

(5)  The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) or (3) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2) or (3).

Services or things provided by others

(6)  The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.

Services or things provided by other tier

(7)  The power of a municipality to pass a by-law under subsection (3) under each sphere of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere.

Services or things provided by others

(8)  The power of a municipality to pass a by-law under subsection (3) under the following spheres of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by any person, other than the municipality or a municipal service board of the municipality, of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways.

Exception

(9)  Nothing in subsection (6), (7) or (8) prevents a municipality passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.

Definition

(10)  In this section,

"local board" means a local board as defined in section 10.

Regulations

(11)  The Minister may make regulations prescribing matters for the purpose of subparagraph 7 ii of subsection (4).

TABLE

Sphere of Jurisdiction

Part of Sphere Assigned

Upper-tier Municipality (ies) to which Part of Sphere assigned

Exclusive or Non-Exclusive Assignment

1. Highways, including parking and traffic on highways

Whole sphere

All upper-tier municipalities

Non-exclusive

 
 
 

2. Transportation systems, other than highways

Airports

All upper-tier municipalities

Non-exclusive

 

Ferries

All upper-tier municipalities

Non-exclusive

 

Disabled passenger transportation systems

Peel, Halton

Non-exclusive

 

Whole sphere, except airports and ferries

Waterloo, York

Exclusive

3. Waste management

Whole sphere, except waste collection

Durham, Halton, Lambton, Oxford, Peel, Waterloo, York

Exclusive

4. Public utilities

Sewage treatment

All counties, Niagara, Waterloo, York

Non-exclusive

   

Durham, Halton, Muskoka, Oxford, Peel

Exclusive

 

Collection of sanitary sewage

All counties, Niagara, Waterloo, York

Non-exclusive

   

Durham, Halton, Muskoka, Oxford, Peel

Exclusive

 

Collection of storm water and other drainage from land

All upper-tier municipalities

Non-exclusive

 

Water production, treatment and storage

All upper-tier municipalities except counties

Exclusive

 

Water distribution

Niagara, Waterloo, York

Non-exclusive

 

Oxford, Durham, Halton, Muskoka, Peel

Exclusive

5. Culture, parks, recreation and heritage

Whole sphere

All upper-tier municipalities

Non-exclusive

6. Drainage and flood control, except storm sewers

Whole sphere

All upper-tier municipalities

Non-exclusive

7. Structures, including fences and signs

Whole sphere, except fences and signs

Oxford

Non-exclusive

8. Parking, except on highways

Municipal parking lots and structures

All upper-tier municipalities

Non-exclusive

9. Animals

None

None

 

10. Economic development services

Promotion of the municipality for any purpose by the collection and dissemination of information

Durham

Exclusive

All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York

Non-exclusive

Acquisition, development and disposal of sites for industrial, commercial and institutional uses

Durham

Exclusive

Halton, Lambton, Oxford

Non-exclusive

11. Business licensing

Owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire

Taxicab brokers

Salvage business

Second-hand goods business

Niagara, Waterloo

Exclusive

Drainage business, plumbing business

York

Exclusive

Lodging houses, septic tank business

York

Non-exclusive

______________

Definitions

11.1  In this Part,

"animal" means any member of the animal kingdom, other than a human; ("animal")

"drainage business" means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; ("entreprise de drainage")

"lodging house" means a nursing home and any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, nursing home, home for the young or the aged or institution if it is licensed, approved or supervised under any other Act; ("pension")

"plumbing business" means plumbing contractors and plumbers certified under the Trades Qualification and Apprenticeship Act to do plumbing work or a person with equivalent qualifications by training or experience; ("entreprise de plomberie")

"salvage business" means salvage shops and salvage yards, including an automobile wrecking yard or premises; ("entreprise de récupération")

"second-hand goods" includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage; ("marchandises usagées")

"second-hand goods business" means second-hand goods shops and dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods; ("entreprise de marchandises usagées")

"septic tank business" means persons who carry on the business of providing septic tank cleaning and pumping services; ("entreprise de fosses septiques")

"taxicab broker" means a person who accepts calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person's employer. ("agent de taxi")

9.  Section 13 of the Act is repealed and the following substituted:

General Restrictions

Conflict between certain by-laws

13.  (1)  If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict.

Example

(2)  Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality.

Overlapping powers

(3)  For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3).

Inoperative by-law

13.1  (1)  A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2).

Overlapping powers

(2)  For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2).

10.  Section 14 of the Act is amended by adding the following subsection:

Same

(2)  Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument.

11.  (1)  Subsection 15 (1) of the Act is amended by striking out "section 8 or 11" wherever it appears and substituting in each case "section 9, 10 or 11".

(2)  Section 15 of the Act is amended by adding the following subsection:

Interpretation

(1.1)  For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision.

(3)  Clause 15 (2) (b) of the Act is amended by striking out "section 8 or 11" and substituting "section 9, 10 or 11".

(4)  Subsection 15 (4) of the Act is repealed and the following substituted:

Interpretation

(4)  Subsection (1) applies to limit the powers of a municipality despite the inclusion of the words "without limiting sections 9, 10 and 11" or any similar form of words in the specific provision.

Fences, signs, etc.

(5)  The power to pass a by-law under section 9, 10 or 11 with respect to fences and signs and such other matters as may be prescribed is not affected by this section.

Regulations

(6)  The Minister may make regulations prescribing matters for the purpose of subsection (5).

12.  Section 16 of the Act is repealed.

13.  Section 17 of the Act is repealed and the following substituted:

Restrictions, financial matters

17.  (1)  Sections 9, 10 and 11 do not authorize a municipality to,

(a) impose taxes;

(b) borrow or invest money or sell debt;

(c) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking;

(d) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(e) make a grant or a loan;

(f) take any other prescribed financial action;

(g) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(h) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act.

Regulations

(2)  The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f).

14.  Subsection 22 (3) of the Act is amended by adding "under a program established and administered by the Province of Ontario" at the end.

15.  Part II of the Act is amended by adding the following sections:

Delegation of Powers and Duties

General power to delegate

23.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part.

Scope of power

(2)  The following rules apply to a by-law delegating any of the municipality's powers or duties:

1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality's power to revoke the delegation.

2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation.

3. A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power.

4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the municipality and the delegate.

5. A delegation may be made subject to such conditions and limits as the council of a municipality considers appropriate.

6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power.

Same

(3)  The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:

1. A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 5 (3).

2. Procedures that the delegate is required to follow.

3. The accountability of the delegate and the transparency of the delegate's actions and decisions.

Restriction re delegation of legislative and quasi-judicial powers

23.2  (1)  Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

(a) one or more members of its council or a council committee;

(b) a body having at least two members of whom at least 50 per cent are,

(i) members of its council,

(ii) individuals appointed by its council,

(iii) a combination of individuals described in subclauses (i) and (ii); or

(c) an individual who is an officer, employee or agent of the municipality.

Restriction re applicable Acts

(2)  For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed.

Restriction re certain corporations

(3)  Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 203.

Restriction re officers, employees, etc.

(4)  No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of the council of the municipality, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, the council, in addition to any other factors it wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power.

Same

(5)  Without limiting subsection (4), the following are examples of powers considered to be of a minor nature:

1. The power to close a highway temporarily.

2. The power to issue and impose conditions on a licence.

3. The powers of the council of a municipality that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002:

i. Paragraphs 107, 108, 109 and 110 of section 210.

ii. Paragraph 3 of section 308.

iii. Subsection 312 (2) and clauses 312 (4) (a) and (b).

Regulations

(6)  The Minister may make regulations prescribing Acts for the purpose of subsection (2).

Powers that cannot be delegated

23.3  (1)  Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties:

1. The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.

2. The power to pass a by-law under Parts VIII, IX and X.

3. The power to incorporate corporations in accordance with section 203.

4. The power to adopt an official plan or an amendment to an official plan under the Planning Act.

5. The power to pass a zoning by-law under the Planning Act.

6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and (7).

7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.

8. The power to adopt or amend the budget of the municipality.

9. Any other power or duty that may be prescribed.

Delegation of administrative powers

(2)  Nothing in subsection (1) prevents a municipality from delegating its administrative powers.

Regulations

(3)  The Minister may make regulations,

(a) restricting or imposing conditions on the power of a municipality to delegate its power and duties; and

(b) prescribing powers and duties for the purpose of paragraph 9 of subsection (1).

Effect of delegation to municipal service boards

23.4  (1)  When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board.

Limitation

(2)  If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act,

(a) authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so;

(b) removes from the municipality its power to finance the capital and operating costs of providing the service or activity as if the municipality had control and management of the service or activity; or

(c) removes from the municipality its power to deal with real and personal property in connection with the service or activity as if the municipality had control and management of the service or activity.

Delegation re hearings

Application

23.5  (1)  This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.

Delegation authorized

(2)  Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.

Rules re effect of delegation

(3)  If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the municipality is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.

16.  (1)  Subsection 31 (1) of the Act is repealed.

(2)  Subsection 31 (2) of the Act is amended by striking out "passed under subsection (1)" and substituting "establishing the highway".

17.  Section 33 of the Act is repealed.

18.  Sections 34, 35, 36, 37, 38 and 39 of the Act are repealed and the following substituted:

Highway closing procedures

34.  (1)  A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.

Consent

(2)  A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway,

(a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or

(b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.

Restricting common law right of passage

35.  Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.

19.  Subsection 40 (1) of the Act is amended by striking out "Subject to sections 36 to 39" at the beginning.

20.  Sections 41 and 42 of the Act are repealed.

21.  Section 46 of the Act is amended by striking out "44 (6) to (15)" and substituting "44 (8) to (15)".

22.  Sections 47 and 49 of the Act are repealed.

23.  Subsection 51 (1) of the Act is repealed and the following substituted:

Restriction, farming vehicles

(1)  Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality.

24.  Section 57 of the Act is repealed.

25.  Section 59 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

26.  Subsection 62 (2) of the Act is amended by striking out "Despite clause 431 (a)" at the beginning.

27.  Section 63 of the Act is repealed and the following substituted:

Impounding of objects, vehicles on highway

63.  (1)  If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.

Exception

(2)  Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality.

Entry on land

(3)  The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1).

Sale of impounded object, etc.

(4)  Despite subsection (1), if the removed object or vehicle, other than a motor vehicle, is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality.

Perishable objects

(5)  Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the municipality upon removal and may be destroyed or given to a charitable institution.

Exception

(6)  Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.

28.  Subsection 69 (7) of the Act is repealed and the following substituted:

Power exercised outside municipality re buses, ferries

(7)  Despite subsection (1) and section 19 and subject to the Public Vehicles Act, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario.

29.  Section 70 of the Act is repealed and the following substituted:

Airports

70.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to airports in the municipality, in another municipality or in unorganized territory.

30.  Section 74 of the Act is repealed and the following substituted:

Power exercised outside municipality re waste management

74.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 3 of subsection 11 (3) in relation to waste management in the municipality, in another municipality or in unorganized territory.

31.  Subsection 75 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

32.  Section 77 of the Act is repealed.

33.  (1)  Subsection 81 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 81 (2) of the Act is amended by adding "and without limiting sections 9, 10 and 11" after "subsection (1)".

34.  Section 83 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

35.  Section 92 of the Act is repealed.

36.  Section 94 of the Act is repealed and the following substituted:

Power exercised outside municipality re culture, parks, etc.

94.  Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3) in relation to culture, parks, recreation and heritage in the municipality, in another municipality or in unorganized territory.

36.1  Clause 95 (2) (d) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

37.  Section 96 of the Act is repealed and the following substituted:

Power exercised outside municipality, flood control

96.  Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 6 of subsection 11 (3) in relation to flood control in the municipality, in another municipality or in unorganized territory.

38.  Section 99 of the Act is repealed and the following substituted:

Advertising devices

99.  (1)  A by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration.

Lien for costs and charges

(2)  All costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act.

Disposal costs

(3)  All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the municipality as a debt owed by the owner of the device.

39.  The Act is amended by adding the following section:

Demolition and conversion of residential rental properties

99.1  (1)  A local municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property.

Same

(2)  The power to pass a by-law respecting a matter described in subsection (1) includes the power,

(a) to prohibit the demolition of residential rental properties without a permit;

(b) to prohibit the conversion of residential rental properties to a purpose other than the purpose of a residential rental property without a permit; and

(c) to impose conditions as a requirement of obtaining a permit.

Restriction

(3)  The municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units.

Effect of building code, etc.

(4)  Despite section 35 of the Building Code Act, 1992, in the event that the Building Code Act, 1992 or a regulation made under that Act and a by-law prohibiting or regulating the demolition or conversion of a residential rental property treat the same subject-matter in different ways, that Act or the regulation under that Act prevails and the by-law is inoperative to the extent that the Act or regulation and the by-law treat the same subject-matter.

Same

(5)  If a permit to demolish a residential rental property is issued under this section, no permit is required under section 8 of the Building Code Act, 1992 to demolish the property.

Report

(6)  The municipality shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister and shall do so at the times and in the form and manner specified by the Minister.

40.  Section 100 of the Act is repealed and the following substituted:

Parking lots

100.  Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition.

41.  Subsection 100.1 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

42.  Subsections 101 (1) and (2) of the Act are repealed and the following substituted:

Impounding vehicles parked

(1)  If a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner's expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.

Entry on land

(2)  A municipality may enter on land at reasonable times for the purposes described in subsection (1).

43.  Section 102 of the Act is repealed and the following substituted:

Disabled parking permits

102.  (1)  If a municipality passes a by-law for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made under it.

Designated parking spaces

(2)  Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying a disabled parking permit and if it does so, the local municipality shall prescribe the conditions of use of the disabled parking permit and shall prohibit the improper use of the permit.

Removal of vehicle

(3)  A by-law passed in accordance with subsection (2) may provide for the removal and impounding of any vehicle, at its owner's expense, parked or left contrary to the by-law.

44.  The Act is amended by adding the following section:

Administrative penalties, parking by-laws

102.1  (1)  Without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles.

Limitation

(2)  Despite subsection (1), the municipality does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by-laws respecting the parking, standing or stopping of vehicles until a regulation is made under subsection (3).

Regulations

(3)  Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties;

(b) imposing conditions and limitations on a municipality's powers with respect to administrative penalties;

(c) providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to a municipality.

Conflict

(4)  In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails.

45.  (1)  Subsection 103 (1) of the Act is amended by striking out "and" at the end of subclause (b) (iii), by adding "and" at the end of clause (a) and by repealing clause (c).

(2)  Subsection 103 (2) of the Act is repealed and the following substituted:

Definition

(2)  In this section,

"animal" has the same meaning as in section 11.1.

46.  Section 104 of the Act is repealed.

47.  Subsection 105 (3) of the Act is repealed.

48.  Subsection 107 (2) of the Act is amended by adding the following clause:

(c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council;

49.  Sections 108 and 109 of the Act are repealed and the following substituted:

Small business counselling

108.  (1)  Without limiting sections 9, 10 and 11 and despite section 106, a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality.

Small business programs

(2)  Without limiting sections 9, 10 and 11, a municipality may do the following things in order to encourage the establishment and initial growth of small businesses or any class of them in the municipality:

1. With the approval of the Minister, establish and maintain programs for that purpose.

2. Participate in programs administered by the Crown in right of Ontario.

Permitted actions

(3)  Without limiting sections 9, 10 and 11, a municipality may do the following for the purposes of a program referred to in subsection (2):

1. Acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses or for a corporation described in paragraph 4.

2. Despite section 106, to make grants to corporations described in paragraph 4.

3. Lease land to small businesses included in a program.

4. Enter into leases of land and other agreements related to the program with a corporation without share capital established by the municipality in accordance with section 203 for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the municipality.

5. Sell, lease or otherwise dispose of any personal property of the municipality to an eligible small business or to a corporation described in paragraph 4 or provide for the use of such property by the small business or corporation.

6. Provide for the use of the services of any municipal employee by an eligible small business or by a corporation described in paragraph 4.

7. Establish a municipal service board under this Act to administer a program or to administer the municipality's participation in a program referred to in subsection (2).

8. Appoint one or more of the directors of a corporation described in paragraph 4.

Grant includes loans

(4)  The power to make grants under paragraph 2 of subsection (3) includes the power to make loans, to charge interest on the loans and to guarantee loans.

Same

(5)  A corporation described in paragraph 4 of subsection (3) that leases any building or structure from the municipality shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2).

Availability of assistance

(6)  Despite section 106, a lease of land, the sale, lease or other disposition of personal property or the use of personal property or personal services under subsection (3) may be made or provided at less than fair market value.

Limitation

(7)  Subsection (6) ceases to apply to an eligible small business on the third anniversary of the day it first occupied premises leased to it under this section.

Municipal service board

(8)  The power of a municipality to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be delegated to the municipal service board described in paragraph 7 of subsection (3), despite section 23.1.

Interpretation

(9)  A business is an eligible small business if it is included in a program referred to in subsection (2) and it is in occupation of premises leased to it under this section.

50.  Subsection 110 (1) of the Act is repealed and the following substituted:

Agreements for municipal capital facilities

(1)  This section applies to an agreement entered into by a municipality for the provision of municipal capital facilities by any person, including another municipality, if the agreement provides for one or more of the following:

1. Lease payments in foreign currencies as provided for in subsection (2).

2. Assistance as provided for in subsection (3).

3. Tax exemptions as provided for in subsection (6).

4. Development charges exemptions as provided for in subsection (7).

50.1  (1)  Subsection 111 (1) of the Act is amended by striking out "or Oxford".

(2)  Subsection 111 (2) of the Act is amended by striking out "upper-tier municipalities of Durham and Oxford" and substituting "upper-tier municipality of Durham".

51.  Section 112 of the Act is repealed and the following substituted:

Industrial, commercial and institutional sites

112.  Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence.

52.  Section 113 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

53.  Section 114 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

54.  (1)  Subsection 115 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 115 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Scope of by-law

(4)  Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may,

. . . . .

(3)  Subsections 115 (7) and (8) of the Act are repealed.

55.  Subsection 116 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

56.  Section 117 of the Act is repealed.

57.  Section 118 of the Act is repealed and the following substituted:

Scaffolding, trenches, safety devices

118.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the construction and use of scaffolding and any other thing used in constructing, repairing or altering buildings or other structures;

(b) regulate the excavating, construction and use of trenches;

(c) require and regulate the installation, maintenance and use of safety devices on buildings for persons cleaning the outside of windows;

(d) prohibit the activities described in this section unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

58.  Section 119 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

59.  (1)  Subsection 120 (1) of the Act is repealed and the following substituted:

Explosives

(1)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the manufacture of explosives in the municipality;

(b) prohibit and regulate the storage of explosives and dangerous substances in the municipality;

(c) regulate the keeping and transportation of explosives and dangerous substances in the municipality;

(d) prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

(2)  Subsection 120 (3) of the Act is repealed.

60.  Section 121 of the Act is repealed and the following substituted:

Fireworks

121.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the sale of fireworks and the setting off of fireworks;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

61.  Subsection 122 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

62.  Section 123 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

63.  Subsections 124 (1) and (2) of the Act are repealed and the following substituted:

Pits and quarries

(1)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the operation of a pit or a quarry;

(b) require the owner of a pit or a quarry that has not been in operation for a period of 12 consecutive months to level and grade the floor and sides of it and the area beyond the edge or rim that is specified in the by-law.

64.  Sections 125 and 126 of the Act are repealed and the following substituted:

Heating and cooking appliances

125.  Without limiting sections 9, 10 and 11, a local municipality may regulate,

(a) the use and installation of heating and cooking appliances;

(b) the storage of fuel for use in heating and cooking appliances.

Public fairs and events

126.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate cultural, recreational and educational events including public fairs;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

65.  Section 127 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

66.  Section 128 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

67.  Sections 129, 130 and 131 of the Act are repealed and the following substituted:

Noise, odour, dust, etc.

129.  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and

(b) prohibit the matters described in clause (a) unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.

. . . . .

Wrecking, salvaging of motor vehicles

131.  Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition.

68.  (1)  Subsection 133 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 133 (3) of the Act is repealed.

(3)  Subsections 133 (6), (7), (8) and (9) of the Act are repealed and the following substituted:

Period for compliance for existing fortifications

(6)  If a municipality makes an order to do work under subsection 445 (1) with respect to a contravention of the by-law, the order shall give not less than three months to complete the work if the fortifications or protective elements were present on the land on the day the by-law is passed.

69.  (1)  Subsections 135 (1) and (2) of the Act are repealed and the following substituted:

Tree by-laws

(1)  Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.

Woodlands

(2)  Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.

(2)  Subsection 135 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Conditions

(7)  Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

. . . . .

(3)  Subsection 135 (11) of the Act is repealed.

70.  Sections 136, 137 and 138 of the Act are repealed.

71.  Section 139 of the Act is amended by striking out "and to charge the lower-tier municipality the whole or any part of the costs of the officers" at the end.

72.  Section 140 of the Act is amended by striking out "and to charge the upper-tier municipality the whole or any part of the costs of the officers" at the end.

73.  Section 141 of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

74.  (1)  Subsection 142 (2) of the Act is repealed and the following substituted:

Powers of local municipality

(2)  Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(c) prohibit or regulate the alteration of the grade of the land;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; and

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site.

(2)  Subsection 142 (4) of the Act is repealed.

75.  Sections 143 and 144 of the Act are repealed.

76.  Section 145 of the Act is amended by striking out "and to charge the lower-tier municipality the whole or any part of the costs of the officers" at the end.

77.  Section 146 of the Act is amended by striking out "and to charge the upper-tier municipality the whole or any part of the costs of the officers" at the end.

78.  (1)  Subsection 147 (1) of the Act is amended by adding "Without limiting sections 9, 10 and 11" at the beginning.

(2)  Subsection 147 (2) of the Act is repealed.

79.  (1)  Subsection 148 (1) of the Act is repealed and the following substituted:

Hours of closing

(1)  Without limiting sections 9, 10 and 11, a local municipality may require that retail business establishments be closed to the public at any time.

(2)  Subsection 148 (2) of the Act is amended by adding the following definition:

"holiday" has the same meaning as in subsection 1 (1) of the Retail Business Holidays Act; ("jour férié")

(3)  Subsection 148 (3) of the Act is repealed and the following substituted:

Regional municipalities

(3)  Without limiting sections 9, 10 and 11, if a regional municipality has passed a by-law under subsection 1.2 (1) of the Retail Business Holidays Act providing that that Act does not apply to the regional municipality, the regional municipality may require that retail business establishments be closed to the public on a holiday.

Effect on by-law of local municipality

(3.1)  If a regional municipality passes a by-law under subsection (3), a by-law passed by a local municipality under subsection (1) respecting the closing of a retail business establishment on a holiday is of no effect.

(4)  Subsection 148 (4) of the Act is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following clause:

(c) any other prescribed goods or services.

(5)  Subsection 148 (5) of the Act is repealed and the following substituted:

Regulations

(5)  The Minister may make regulations prescribing goods and services for the purpose of clause (4) (c).

80.  Part IV of the Act is repealed and the following substituted:

PART IV
LICENCES

Definition

150.  In this Part,

"business" means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes,

(a) trades and occupations,

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise,

(c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader,

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.

Powers re licences

151.  (1)  Without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may,

(a) prohibit the carrying on or engaging in the business without a licence;

(b) refuse to grant a licence or to revoke or suspend a licence;

(c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence;

(d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;

(e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence;

(f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and

(g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality.

Power to suspend a licence

(2)  Without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), if a municipality is satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the municipality may, for the time and on such conditions as it considers appropriate, without a hearing, suspend a licence subject to the following:

1. Before suspending the licence, the municipality shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them.

2. The suspension shall not exceed 14 days.

Same

(3)  Despite subsection (2) and without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), the municipality may, on such conditions as it considers appropriate, without a hearing, suspend a licence authorizing a business to operate on a highway or other property of the municipality or its local boards for a period not exceeding 28 days for the following reasons:

1. The holding of a special event.

2. The construction, maintenance or repair of the property.

3. The installation, maintenance or repair of a public utility or service.

4. Pedestrian, vehicular or public safety or public health.

Exercise of power

(4)  The exercise of a power under clause (1) (b), (d), (e) or (g) is in the discretion of the municipality, and the municipality shall exercise its discretion,

(a) upon such grounds as are set out by by-law; or

(b) in the case of a power under clause (1) (b), (d) or (e), upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity.

Application re system of licences

(5)  Subsections (1) to (4) apply with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business.

Proviso

(6)  Nothing in this section authorizes an upper-tier or a lower-tier municipality to pass a business licensing by-law with respect to a business if the other municipality has exclusive authority to pass a business licensing by-law with respect to the business under paragraph 11 of subsection 11 (3).

Same

(7)  Subsection (6) does not prevent a municipality from providing for a system of licences for a business under any other by-law, other than a business licensing by-law.

Restriction re systems of licences

152.  (1)  A municipality shall not pass a business licensing by-law providing for a system of licences which makes it illegal for a business listed below to carry on or engage in the business without a licence:

1. A manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail.

2. The sale of goods by wholesale.

3. The generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.

Same

(2)  Nothing in subsection (1) prevents a municipality from providing for a system of licences for a business under any by-law, other than a business licensing by-law.

Limitation re location of business

153.  (1)  Despite sections 9, 10, 11 and 151, a municipality shall not, except as otherwise provided, refuse to grant a licence for a business under this Act by reason only of the location of the business.

Compliance with land use control by-law

(2)  Despite subsection (1), a by-law providing for a system of licences for a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act or any other Act.

Continuation

(3)  Despite subsection (2), a municipality shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location.

Restrictions re adult entertainment establishments

154.  (1)  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to adult entertainment establishments, may,

(a) despite section 153, define the area of the municipality in which adult entertainment establishments may or may not operate and limit the number of adult entertainment establishments in any defined area in which they are permitted; and

(b) prohibit any person carrying on or engaged in an adult entertainment establishment business from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it.

Premises

(2)  Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business,

(a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or

(b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body, are performed, offered or solicited in the premises or part of the premises, excluding premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario.

Power of entry

(3)  Despite subsection 436 (1), a local municipality may exercise its administrative power of entry under section 436 at any time of the day or night to enter an adult entertainment establishment.

Evidence rule

(4)  For the purpose of a prosecution or proceeding under a by-law with respect to adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment.

Licensing tow trucks, etc.

155.  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and

(b) provide for the collection of the rates or fares charged for the conveyance.

Licensing taxicabs

156.  (1)  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to the owners and drivers of taxicabs, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality;

(b) provide for the collection of the rates or fares charged for the conveyance; and

(c) limit the number of taxicabs or any class of them.

Restriction

(2)  A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet both of the following criteria:

1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality.

2. The conveyance is made pursuant to a written contract for the use of a taxicab which can legally operate in the municipality in which the conveyance begins or ends.

Airports

(3)  A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if,

(a) the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or

(b) the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority.

Mississauga

(4)  No business licensing by-law passed by the City of Mississauga with respect to the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport.

Reciprocal licensing arrangement

157.  (1)  If a municipality and the police services board of the municipality agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police services board or another body performing a public function prescribed by the Minister, the municipality or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.

Delegation

(2)  A municipality may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality.

Regulations

(3)  For the purpose of this section, the Minister may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the municipality to enter into agreements with those bodies.

Regulations

158.  (1)  The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses;

(b) imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business;

(c) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification.

Scope

(2)  A regulation under this section may,

(a) be retroactive for a period not exceeding one year;

(b) require a municipality to return licence fees collected during that period; and

(c) require a municipality to use the licence fees in the prescribed manner.

Conflicts

159.  If there is a conflict between a provision in this Act and a provision of any other Act authorizing a municipality to license a business, the provision that is less restrictive of a municipality's power prevails.

Other by-laws

160.  Sections 9, 10, 11 and 150 to 159 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act.

Regional Municipality of Waterloo

161.  A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.

Regional Municipality of York

162.  (1)  A business licensing by-law of The Regional Municipality of York with respect to a lodging house, as defined in section 11.1, has no force in a lower-tier municipality in which a business licensing by-law passed by the lower-tier municipality is in force in respect of the same lodging house.

Same

(2)  A lower-tier municipality in The Regional Municipality of York may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.

Restrictions re group homes

163.  (1)  A municipality shall not pass a business licensing by-law for group homes unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality.

Same

(2)  A business licensing by-law for group homes may prohibit a person from carrying on the business of a group home without a licence and may provide for the following conditions, but shall not provide for any additional conditions concerning the operation of the group home:

1. The by-law may require the payment of licence fees.

2. The by-law may require a licensee or an applicant for a licence to give the municipality such information as the municipality considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant.

Definition

(3)  In this section,

"group home" means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being.

Trailers

164.  (1)  Without limiting sections 9, 10 and 11, a local municipality may prohibit or licence trailers located in the municipality.

Restriction

(2)  If a municipality licenses trailers in the municipality, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act.

Restriction, trailer camps

(3)  If a municipality licenses trailer camps under a business licensing by-law and imposes a licence fee for each lot in the trailer camp to be occupied by one trailer, no licence fee shall be charged in respect of a lot that is to be made available only for a trailer that is assessed under the Assessment Act.

Definitions

(4)  In this section,

"trailer" means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed; ("roulotte")

"trailer camp" means any land on which a trailer is kept. ("parc à roulottes")

Motor vehicle racing

165.  Without limiting sections 9, 10 and 11, a local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.

81.  (1)  Subsection 173 (5) of the Act is repealed and the following substituted:

Amendment of restructuring proposal

(5)  After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.

(2)  Subsection 173 (7) of the Act is repealed and the following substituted:

Same

(7)  If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section.

82.  (0.1)  Clause 186 (1) (b) of the Act is repealed and the following substituted:

(b) prevails over any Act or regulation with which it conflicts except,

(i) this section and regulations made under this section,

(ii) sections 171 to 185, and

(iii) regulations made under sections 171 to 185.

(1)  Subsection 186 (2) of the Act is repealed and the following substituted:

Exception

(2)  Despite clause (1) (b), a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182.

83.  Subsections 187 (1) and (2) of the Act are repealed and the following substituted:

Change of name

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to change its name so long as the new name is not the same as the name of another municipality.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act or any regulation made under any other Act, the by-law prevails.

84.  (1)  The definition of "municipal service" in subsection 194 (1) of the Act is repealed.

(2)  The definition of "public utility" in subsection 194 (1) of the Act is amended by striking out "subsection 195 (1)" and substituting "section 195".

(3)  Subsection 194 (2) of the Act is repealed.

85.  Sections 195, 196, 197, 198, 199, 200 and 201 of the Act are repealed and the following substituted:

Municipal service boards

195.  A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, are deemed to be municipal service boards established under this Act and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day.

Power to establish municipal service boards

196.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish a municipal service board and to provide for the following matters:

1. The name, composition, quorum and budgetary process of the board.

2. The eligibility of persons to hold office as board members.

3. The manner of selecting board members, the resignation of members, the determination of when a member's seat becomes vacant and the filling of vacancies.

4. The term of office and remuneration of board members.

5. The number of votes of the board members.

6. The requirement that the board follow rules, procedures and policies established by the municipality.

7. The relationship between the municipality and the board, including their financial and reporting relationship.

Restriction

(2)  A municipal service board must be composed of at least two members.

Same, election of members

(3)  A municipality cannot require any member of a municipal service board to be elected to that office under the Municipal Elections Act, 1996.

Same, term of office

(4)  The term of office of a member of a municipal service board cannot exceed four years but members may be eligible for appointment for more than one term.

Same

(5)  Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board.

Same

(6)  Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a municipal service board and its members as if they were council and members of council: section 242, clauses 259 (1) (c) to (h) and sections 260, 264 and 265.

Status of municipal service boards

197.  (1)  A municipal service board is a body corporate unless the municipality provides otherwise when establishing the board.

Agency

(2)  A municipal service board is an agent of the municipality.

Local board

(3)  A municipal service board is a local board of the municipality for all purposes.

Non-application of Corporations Act, etc.

(4)  The Corporations Act and the Corporations Information Act do not apply to a municipal service board that is a body corporate.

Functions of municipal service boards

198.  (1)  A municipality may give a municipal service board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board in accordance with this Act.

Powers and duties

(2)  The following provisions apply with necessary modifications to a municipal service board, except as otherwise provided by by-law:

1. Section 9.

2. Part XIV (Enforcement), except sections 433, 434, 442 and 447.1.

3. Part XV (Municipal Liability).

Restriction

(3)  A power provided to a municipal service board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.

86.  Section 203 of the Act is repealed and the following substituted:

Powers to Establish Corporations

Power to establish corporations

203.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to do the following things in accordance with such conditions and restrictions as may be prescribed:

1. To establish corporations.

2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation.

3. To exercise any power as a member of a corporation.

4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed.

5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed.

Duties of corporations, etc.

(2)  A corporation established by a municipality and the directors and officers of the corporation shall comply with such requirements as may be prescribed.

Exceptions

(3)  This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation established under Part III of the Social Housing Reform Act, 2000 or any other corporation that a municipality is expressly authorized under any other Act to establish or control.

Regulations

(4)  The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing the corporations established under this section, including regulations,

(a) prescribing the purposes for which a municipality may exercise its powers referred to in this section and imposing conditions and restrictions on the use of those powers;

(b) prescribing the purposes for which a corporation may carry on business or engage in activities;

(c) prescribing securities for the purposes of paragraphs 4 and 5 of subsection (1);

(d) imposing conditions and requirements that apply to a corporation and its directors and officers;

(e) providing that specified corporations are deemed to be or are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of "municipality" in such other Acts as may be specified;

(f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed;

(g) exempting a municipality from the application of section 106 with respect to specified corporations;

(h) providing for transitional matters relating to a municipality's exercise of its powers under section 106 or relating to a specified corporation's exercise of its powers.

Conflict

(5)  If there is a conflict between a regulation made under this section and a provision of this Act, other than this section, or of any other Act or regulation, the regulation made under this section prevails.

87.  Section 204 of the Act is amended by adding the following subsection:

Local board status

(2.1)  A board of management is a local board of the municipality for all purposes.

88.  Section 216 of the Act is repealed and the following substituted:

Dissolution and Change of Local Boards

Power to dissolve or change local boards

216.  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding this section and sections 194 to 202, or in the event of a conflict with a regulation made under any other Act, the by-law prevails.

Restriction

(3)  Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that is,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act;

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act;

(c) a committee of management established under the Homes for the Aged and Rest Homes Act;

(d) a police services board established under the Police Services Act;

(e) a board as defined in section 1 of the Public Libraries Act;

(f) a corporation established in accordance with section 203;

(g) such other local boards as may be prescribed.

Exception, City of Greater Sudbury

(3.1)  Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules:

1. The number shall not be smaller than two or larger than seven.

2. At least one of the members shall also be a member of the council of the City.

3. At least one of the members shall not be a member of the council of the City.

Scope of power to change a local board

(4)  Without limiting sections 9, 10 and 11, the power of a municipality to change a local board under those sections includes the power to pass by-laws with respect to,

(a) the matters described in paragraphs 1 to 7 of subsection 196 (1), subject to the restrictions set out in section 196;

(b) the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality cannot assume the power or duty if it cannot revoke the delegation;

(c) the delegation of a power or duty to the board to the extent authorized under this Act;

(d) the restriction or expansion of the mandate of the board.

Dissolution, etc., of joint board

(5)  If a municipality passes a by-law in accordance with subsection (1) to dissolve or change a local board which is a local board of the municipality and one or more other municipalities,

(a) the by-law does not come into force until at least half of the municipalities, excluding the municipality that passed the by-law, have passed a resolution giving their approval to the by-law; and

(b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board.

Regulations

(6)  For the purposes of this section, the Minister may, despite any Act, make regulations,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the municipality specified in the regulation;

(c) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation;

(d) imposing conditions and limitations on the powers of a municipality under this section;

(e) providing that, for the purposes specified in the regulation, a municipality is deemed to be a local board of the type dissolved or changed under this section;

(f) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section;

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(h) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(j) providing that a municipality or local board pay money to each other or to another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board under this section.

89.  (1)  This section applies only if Bill 51 ( Planning and Conservation Land Statute Law Amendment Act, 2006 ), introduced on December 12, 2005, receives Royal Assent.

(2)  Subsection 216 (3) of the Act, as re-enacted by section 88 of this Act, is amended by adding the following clause:

(c.1) an appeal body established under section 8.1 of the Planning Act;

90.  (1)  Subsection 217 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Composition of council of local municipality

(1)  Without limiting sections 9, 10 and 11, those sections authorize a local municipality to change the composition of its council subject to the following rules:

. . . . .

(2)  Subsection 217 (2) of the Act is repealed.

(3)  The English version of subsection 217 (3) of the Act is amended by striking out "under this section" in the portion before clause (a) and substituting "described in this section".

(4)  Subsection 217 (4) of the Act is amended by striking out "passed under this section" and substituting "described in this section".

91.  (1)  Subsection 218 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Composition of upper-tier council

(1)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules:

. . . . .

(2)  Subsection 218 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Types of changes

(2)  Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to,

. . . . .

(3)  Subsections 218 (3), (4), (5) and (6) of the Act are repealed and the following substituted:

Number of votes

(3)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote.

Term of office

(4)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council.

Regional municipalities

(5)  A regional municipality shall not pass a by-law described in this section until the Minister has, by regulation, authorized the regional municipality to exercise the powers described in this section.

Regulations

(6)  The Minister may make regulations authorizing a regional municipality to exercise any power described in this section.

92.  (1)  Subsection 219 (1) of the Act is amended by striking out "under section 218" and substituting "described in section 218".

(2)  Subsections 219 (2), (3) and (4) of the Act are amended by striking out "passed under section 218" wherever it appears and substituting in each case "described in section 218".

(3)  The English version of the definition of "elector" in subsection 219 (5) of the Act is amended by striking out "under section 218" and substituting "described in section 218".

93.  Section 220 of the Act is repealed and the following substituted:

Change of titles

220.  Without limiting sections 9, 10 and 11, those sections authorize a municipality to change the titles for its head of council and other members of its council.

94.  (1)  Subsections 222 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Wards

Establishment of wards

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to divide or redivide the municipality into wards or to dissolve the existing wards.

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section or section 223, any provision of any other Act or a regulation made under any other Act, the by-law prevails.

Notice

(3)  Within 15 days after a by-law described in subsection (1) is passed, the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4).

Appeal

(4)  Within 45 days after a by-law described in subsection (1) is passed, the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections.

(2)  Subsection 222 (8) of the Act is amended by striking out "by-law of a municipality under this section" in the portion before clause (a) and substituting "by-law of a municipality described in this section".

95.  (1)  The French version of subsection 223 (1) of the Act is amended by adding "électoraux" after "en quartiers".

(2)  Subsection 223 (4) of the Act is amended by striking out "30 days" and substituting "90 days".

(3)  Subsection 223 (8) of the Act is amended by striking out "under section 222" at the end and substituting "by by-law described in section 222".

96.  The Act is amended by adding the following Part:

PART V.1
ACCOUNTABILITY AND TRANSPARENCY

Definitions

223.1  In this Part,

"code of conduct" means a code of conduct described in section 223.2; ("code de déontologie")

"grant recipient" means a person or entity that receives a grant directly or indirectly from the municipality, a local board or a municipally-controlled corporation; ("bénéficiaire d'une subvention")

"local board" means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act,

(f) a corporation established in accordance with section 203,

(g) such other local boards as may be prescribed; ("conseil local")

"municipally-controlled corporation" means a corporation that has 50 per cent or more of its issued and outstanding shares vested in the municipality or that has the appointment of a majority of its board of directors made or approved by the municipality, but does not include a local board as defined in subsection 1 (1); ("société contrôlée par la municipalité")

"public office holder" means,

(a) a member of the municipal council and any person on his or her staff,

(b) an officer or employee of the municipality,

(c) a member of a local board of the municipality and any person on his or her staff,

(d) an officer, director or employee of a local board of the municipality, and

(e) such other persons as may be determined by the municipality who are appointed to any office or body by the municipality or by a local board of the municipality. ("titulaire d'une charge publique")

Code of conduct

223.2  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality.

No offence

(2)  A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence.

Integrity Commissioner

223.3  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to,

(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;

(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or

(c) both of clauses (a) and (b).

Powers and duties

(2)  Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Delegation

(3)  The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner's powers and duties under this Part.

Same

(4)  The Commissioner may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  The Commissioner is not required to be a municipal employee.

Inquiry by Commissioner

223.4  (1)  This section applies if the Commissioner conducts an inquiry under this Part,

(a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or

(b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member.

Powers on inquiry

(2)  The Commissioner may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.

Information

(3)  The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry.

Same

(4)  The Commissioner is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for an inquiry.

Penalties

(5)  The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:

1. A reprimand.

2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days.

Same

(6)  The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention.

Duty of confidentiality

223.5  (1)  The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Exception

(2)  Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part.

Section prevails

(3)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

Report to council

223.6  (1)  If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.

Report about conduct

(2)  If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner's opinion are necessary for the purposes of the report.

Publication of reports

(3)  The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public.

Testimony

223.7  Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.

Reference to appropriate authorities

223.8  If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.

Registry

223.9  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish and maintain a registry in which shall be kept such returns as may be required by the municipality that are filed by persons who lobby public office holders.

Requirement to file returns, etc.

(2)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to provide for a system of registration of persons who lobby public office holders and to do the following things:

1. Define "lobby".

2. Require persons who lobby public office holders to file returns and give information to the municipality.

3. Specify the returns to be filed and the information to be given to the municipality by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided.

4. Exempt persons from the requirement to file returns and provide information.

5. Specify activities with respect to which the requirement to file returns and provide information does not apply.

6. Establish a code of conduct for persons who lobby public office holders.

7. Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law.

8. Prohibit a person from lobbying public office holders without being registered.

9. Impose conditions for registration, continued registration or a renewal of registration.

10. Refuse to register a person, and suspend or revoke a registration.

11. Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities.

Access to registry

(3)  The registry described in subsection (1) shall be available for public inspection in the manner and during the time that the municipality may determine.

Prohibition on contingency fees

223.10  Without limiting sections 9, 10 and 11, those sections authorize the municipality to prohibit a person on whose behalf another person undertakes lobbying activities from making payment for the lobbying activities that is in whole or in part contingent on the successful outcome of any lobbying activities.

Registrar for lobbying matters

223.11  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint a registrar who is responsible for performing in an independent manner the functions assigned by the municipality with respect to the registry described in clause 223.9 (1) (a) and the system of registration and other matters described in clause 223.9 (1) (b).

Powers and duties

(2)  Subject to this Part, in carrying out these responsibilities, the registrar may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Delegation

(3)  The registrar may delegate in writing to any person, other than a member of council, any of the registrar's powers and duties under this Part.

Same

(4)  The registrar may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  The registrar is not required to be a municipal employee.

Inquiry by registrar

223.12  (1)  This section applies if the registrar conducts an inquiry under this Part in respect of a request made by council, a member of council or a member of the public about compliance with the system of registration described in clause 223.9 (1) (b) or with a code of conduct established under that clause.

Powers on inquiry

(2)  The registrar may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.

Duty of confidentiality

(3)  Section 223.5 applies, with necessary modifications, with respect to the registrar and every person acting under the instructions of the registrar in the course of conducting an inquiry.

Report

(4)  If the registrar makes a report to a municipality in respect of an inquiry, the registrar may disclose in the report such matters as in the registrar's opinion are necessary for the purposes of the report.

Publication of reports

(5)  The municipality shall ensure that reports received from the registrar are made available to the public.

Testimony

(6)  Neither the registrar nor any person acting under the instructions of the registrar is a competent or compellable witness in a civil proceeding in connection with anything done when conducting an inquiry.

Reference to appropriate authorities

(7)  If the registrar, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the registrar shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.

Ombudsman

223.13  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity.

Powers and duties

(2)  Subject to this Part, in carrying out the functions under subsection (1), the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by the municipality.

Matters to which municipality is to have regard

(2.1)  In appointing the Ombudsman and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same, Ombudsman

(2.2)  In carrying out his or her functions under subsection (1), the Ombudsman shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same

(2.3)  The matters referred to in subsections (2.1) and (2.2) are,

(a) the Ombudsman's independence and impartiality;

(b) confidentiality with respect to the Ombudsman's activities; and

(c) the credibility of the Ombudsman's investigative process.

Powers paramount

(3)  The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.

Decisions not reviewable

(4)  Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act or omission,

(a) in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or

(b) of any person acting as legal adviser to the municipality, a local board or a municipally-controlled corporation or acting as counsel to any of them in relation to any proceedings.

Delegation

(5)  The Ombudsman may delegate in writing to any person, other than a member of council, any of the Ombudsman's powers and duties under this Part.

Same

(6)  The Ombudsman may continue to exercise the delegated powers and duties, despite the delegation.

Status

(7)  The Ombudsman is not required to be a municipal employee.

Investigation

223.14  (1)  Every investigation by the Ombudsman shall be conducted in private.

Opportunity to make representations

(2)  The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.

Application of Ombudsman Act

(3)  Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part.

Same

(4)  For the purposes of subsection (3), references in section 19 of the Ombudsman Act to "any governmental organization", "the Freedom of Information and Protection of Privacy Act" and "the Public Service Act" are deemed to be references to "the municipality, a local board or a municipally-controlled corporation", "the Municipal Freedom of Information and Protection of Privacy Act" and "this Act", respectively.

Duty of confidentiality

223.15  (1)  Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Disclosure

(2)  The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.

Section prevails

(3)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

No review, etc.

223.16  No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court.

Testimony

223.17  (1)  The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part.

Same

(2)  Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

Effect on other rights, etc.

223.18  The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure.

Auditor General

223.19  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Auditor General who reports to council and is responsible for assisting the council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations.

Exceptions

(2)  Despite subsection (1), the responsibilities of the Auditor General shall not include the matters described in clauses 296 (1) (a) and (b) for which the municipal auditor is responsible.

Powers and duties

(3)  Subject to this Part, in carrying out his or her responsibilities, the Auditor General may exercise the powers and shall perform the duties as may be assigned to him or her by the municipality in respect of the municipality, its local boards and such municipally-controlled corporations and grant recipients as the municipality may specify.

Grant recipients

(4)  The authority of the Auditor General to exercise powers and perform duties under this Part in relation to a grant recipient applies only in respect of grants received by the grant recipient directly or indirectly from the municipality, a local board or a municipally-controlled corporation after the date on which this section comes into force.

Delegation

(5)  The Auditor General may delegate in writing to any person, other than a member of council, any of the Auditor General's powers and duties under this Part.

Same

(6)  The Auditor General may continue to exercise the delegated powers and duties, despite the delegation.

Status

(7)  The Auditor General is not required to be a municipal employee.

Duty to furnish information

223.20  (1)  The municipality, its local boards and the municipally-controlled corporations and grant recipients referred to in subsection 223.19 (3) shall give the Auditor General such information regarding their powers, duties, activities, organization, financial transactions and methods of business as the Auditor General believes to be necessary to perform his or her duties under this Part.

Access to records

(2)  The Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality, the local board, the municipally-controlled corporation or the grant recipient, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Part.

No waiver of privilege

(3)  A disclosure to the Auditor General under subsection (1) or (2) does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege.

Powers re examination

223.21  (1)  The Auditor General may examine any person on oath on any matter pertinent to an audit or examination under this Part.

Same

(2)  For the purpose of an examination, the Auditor General has the powers that Part II of the Public Inquiries Act confers on a commission, and that Part applies to the examination as if it were an inquiry under that Act.

Duty of confidentiality

223.22  (1)  The Auditor General and every person acting under the instructions of the Auditor General shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.

Same

(2)  Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required,

(a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or

(b) under the Criminal Code (Canada).

Same

(3)  A person required to preserve secrecy under subsection (1) shall not disclose any information or document disclosed to the Auditor General under section 223.20 that is subject to solicitor-client privilege, litigation privilege or settlement privilege unless the person has the consent of each holder of the privilege.

Section prevails

(4)  This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.

Testimony

223.23  Neither the Auditor General nor any person acting under the instructions of the Auditor General is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.

Regulations

223.24  The Minister may make regulations prescribing local boards for the purposes of the definition of "local board" in section 223.1.

97.  Clause 224 (d) of the Act is repealed and the following substituted:

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

98.  (1)  Clause 225 (b) of the Act is repealed and the following substituted:

(b) to preside over council meetings so that its business can be carried out efficiently and effectively;

(2)  Section 225 of the Act is amended by adding the following clause:

(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);

99.  The Act is amended by adding the following section:

Head of council as chief executive officer

226.1  As chief executive officer of a municipality, the head of council shall,

(a) uphold and promote the purposes of the municipality;

(b) promote public involvement in the municipality's activities;

(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

100.  (1)  Subsection 238 (1) of the Act is amended by striking out the portion before the definition of "committee" and substituting the following:

Procedure by-law

Definitions

(1)  In this section and in sections 239 to 239.2,

. . . . .

(2)  The definition of "meeting" in subsection 238 (1) of the Act is repealed and the following substituted:

"meeting" means any regular, special or other meeting of a council, of a local board or of a committee of either of them. ("réunion")

(3)  Section 238 of the Act is amended by adding the following subsection:

Notice

(2.1)  The procedure by-law shall provide for public notice of meetings.

(4)  Subsection 238 (4) of the Act is repealed and the following substituted:

Presiding officer

(4)  The procedure by-law may, with the consent of the head of council, designate a member of council, other than the head of council, to preside at meetings of council.

Secret ballot

(5)  A presiding officer may be designated by secret ballot.

101.  (1)  Section 239 of the Act is amended by adding the following subsection:

Educational or training sessions

(3.1)  A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

(2)  Clauses 239 (4) (a) and (b) of the Act are repealed and the following substituted:

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

(3)  Section 239 of the Act is amended by adding the following subsections:

Record of meeting

(7)  A municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.

Same

(8)  The record required by subsection (7) shall be made by,

(a) the clerk, in the case of a meeting of council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee.

Record may be disclosed

(9)  Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1).

102.  The Act is amended by adding the following sections:

Investigation

239.1  A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 239.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1).

Investigator

239.2  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.

Powers and duties

(2)  Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.

Matters to which municipality is to have regard

(2.1)  In appointing an investigator and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same, investigator

(2.2)  In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same

(2.3)  The matters referred to in subsections (2.1) and (2.2) are,

(a) the investigator's independence and impartiality;

(b) confidentiality with respect to the investigator's activities; and

(c) the credibility of the investigator's investigative process.

Delegation

(3)  An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part.

Same

(4)  An investigator may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  An investigator is not required to be a municipal employee.

Application

(6)  Subsection 223.13 (3) and sections 223.14 to 223.18 apply with necessary modifications with respect to the exercise of functions described in this section.

Report and recommendations

(7)  If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(8)  The municipality or local board shall ensure that reports received under subsection (7) by the municipality or local board, as the case may be, are made available to the public.

103.  Section 242 of the Act is repealed and the following substituted:

Absence of head

242.  A municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality's procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be.

104.  Section 244 of the Act is amended by striking out "Except as provided in section 233" at the beginning and substituting "Except as provided in sections 233 and 238".

105.  Sections 251 and 252 of the Act are repealed.

106.  Subsections 254 (3), (4), (5), (6), (7) and (8) of the Act are repealed and the following substituted:

Agreement

(3)  If a municipality or a local board has a duty to retain and preserve records under this section, the municipality or local board may enter into an agreement for archival services with respect to the records, but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the municipality shall not enter into such an agreement unless the other municipalities, if any, with whom the municipality has joint duty to retain and preserve the records also are party to the agreement.

Effect of transfer

(4)  Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board of the municipality if the local board falls within the definition of or is designated as an institution under that Act.

Duties

(5)  A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.

Role of municipality, local board

(6)  A municipality and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5).

107.  (1)  Subsection 255 (2) of the Act is amended by adding "or a local board" after "municipality' in the portion before clause (a).

(2)  Subsection 255 (5) of the Act is amended by striking out "an archivist" and substituting "a person".

108.  Paragraph 1 of subsection 258 (1) of the Act is repealed and the following substituted:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. an employee of the municipality,

ii. a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or

iii. a person who is not an employee of the municipality but who holds any administrative position of the municipality.

109.  Section 268 of the Act is repealed.

110.  Subsection 269 (1) of the Act is amended by striking out "In sections 270 and 271" at the beginning and substituting "In section 270".

111.  Sections 270 and 271 of the Act are repealed and the following substituted:

Policies

Adoption of policies

270.  (1)  A municipality shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.

4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.

5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

7. The delegation of its powers and duties.

Policies of local boards

(2)  A local board shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.

112.  (1)  Clause 275 (3) (c) of the Act is repealed and the following substituted:

(c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and

(2)  Section 275 of the Act is amended by adding the following subsection:

Emergencies

(4.1)  Nothing in this section prevents a municipality taking any action in the event of an emergency.

(3)  Subsection 275 (6) of the Act is repealed and the following substituted:

Delegated authority unaffected

(6)  Nothing in this section prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council.

113.  Sections 276 and 277 of the Act are repealed.

114.  (1)  Subsection 283 (8) of the Act is amended by striking out "the City of Toronto" in two places and by striking out "section 13 of the City of Toronto Act, 1997 (No. 2)".

(2)  Subsection 283 (9) of the Act is amended,

(a) by striking out "the City of Toronto" in the portion before clause (a);

(b) by striking out "section 13 of the City of Toronto Act, 1997 (No. 2)" in clause (a); and

(c) by striking out "the City of Toronto" in the English version of clause (a).

115.  The Act is amended by adding the following section:

Review or Appeal re Delegated Authority

Power to authorize review or appeal

284.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the municipality under this Act.

Scope of power

(2)  Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power,

(a) to designate the person or body, including council, that will conduct the review or appeal, but the municipality cannot designate a person or body without his, her or its consent;

(b) to provide for the powers the person or body conducting the review or appeal may exercise;

(c) to establish procedures with respect to the review or appeal;

(d) to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed.

Restriction

(3)  A municipality shall not provide for a review or appeal of such decisions as may be prescribed.

Reconsideration of decisions

(4)  Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions.

Regulations re review or appeal

(5)  The Minister may make regulations prescribing decisions for the purposes of subsection (3).

116.  Sections 287 and 288 of the Act are repealed and the following substituted:

Signatures of cheques

287.  A municipality may provide that the signatures on a cheque of the municipality be mechanically or electronically reproduced.

117.  (1)  Subsection 289 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Yearly budgets, upper-tier

(1)  For each year, an upper-tier municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the upper-tier municipality, including,

. . . . .

(2)  Section 289 of the Act is amended by adding the following subsection:

Exception

(1.1)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.

(3)  Subsection 289 (3) of the Act is amended by adding "for a year" after "budget" in the portion before clause (a) and by striking out "current" in clause (a).

(4)  Subsection 289 (5) of the Act is repealed and the following substituted:

Yearly budget from boards, etc.

(5)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the upper-tier municipality may by by-law require that the year's budget of every board, commission or other body, for which the municipality is required by law to provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.

118.  (1)  Subsection 290 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Yearly budget, local municipalities

(1)  For each year, a local municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality, including,

. . . . .

(2)  Section 290 of the Act is amended by adding the following subsection:

Exception

(1.1)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.

(3)  Subsection 290 (3) of the Act is amended by adding "for a year" after "budget" in the portion before clause (a) and by striking out "current" in clause (a).

(4)  Subsection 290 (4) of the Act is repealed and the following substituted:

Yearly budget from boards, etc.

(4)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the local municipality may by by-law require that the year's budget of every board, commission or other body, other than an upper-tier municipality or school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the local municipality, and that the budget shall be in such detail and form as the by-law provides.

119.  Section 291 of the Act is repealed and the following substituted:

Multi-year budget

291.  (1)  Despite sections 289 and 290, a municipality may prepare and adopt a budget covering a period of two to five years in the first year to which the budget applies or in the year immediately preceding the first year to which the budget applies.

Restriction

(2)  Despite subsection (1), if the first year of a multi-year budget immediately follows a year in which a regular election is held, the budget may only be adopted in the first year to which the budget applies.

First year

(3)  Except as provided in subsection (1), the provisions of the budget for the first year to which the multi-year budget applies shall comply with the requirements of section 289 or 290, as the case may be.

Other years, mandatory review of annual budget

(4)  For the second and each subsequent year to which a multi-year budget applies, the municipality shall, in the year or the immediately preceding year,

(a) review the budget for that year;

(b) make such changes as are required for the purpose of making the provisions of the budget for that year comply with the requirements of section 289, except clause 289 (3) (a) or section 290, except clause 290 (3) (a), as the case may be; and

(c) readopt the budget for that year and for subsequent years to which the budget applies.

Exception

(5)  Despite subsection (4), if a year for which a budget is being reviewed and changed is a year immediately following a year in which a regular election is held, the budget may only be readopted in the year for which the budget is being reviewed and changed.

Power and duty not affected

(6)  Nothing in this section,

(a) limits the power of a municipality to amend or revoke a budget adopted or readopted under this section; or

(b) removes the obligation of a municipality to levy taxes in each year.

Deemed adoption

(7)  The budget for the first year of a multi-year budget adopted under subsection (1) and the budget for the first year of the remaining years in a multi-year budget readopted under subsection (4) is deemed, for the purposes of this and every other Act, to be the budget or estimates adopted for the year under section 289 or 290, as the case may be, and, before a budget is adopted or readopted for the year under this section, the municipality is deemed, for the purposes of this and every other Act, not to have adopted a budget or estimates for that year under this Part.

Submission of budgets of boards, etc.

(8)  Despite any other Act, for the purpose of adopting a multi-year budget for two or more years or readopting a multi-year budget for one or more remaining years, a municipality may by by-law require that a budget for the year or years of every board, commission or other body, other than a school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.

120.  Subsections 294 (2) and (3) of the Act are repealed.

121.  The Act is amended by adding the following section:

Annual financial statements

294.1  A municipality shall, for each fiscal year, prepare annual financial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.

122.  (1)  Subsection 296 (1) of the Act is amended by adding "and" at the end of clause (a) and by repealing clauses (b) and (c) and substituting the following:

(b) performing duties required by the municipality or local board.

(2)  Subsection 296 (6) of the Act is amended by striking out "clauses (1) (a) and (b)" and substituting "clause (1) (a)".

123.  Subsection 297 (2) of the Act is repealed and the following substituted:

Information

(2)  The auditor may require from the current and former members of council and local boards and from the current and former officers and employees of the municipality and its local boards such information and explanation as in his or her opinion is necessary to carry out the duties of the auditor.

124.  (1)  Subsection 299 (2) of the Act is repealed.

(2)  Subsections 299 (4) and (5) of the Act are repealed and the following substituted:

Publication

(4)  A municipality shall publish all or such portion of the information as may be designated by the Minister at the times designated by the Minister but in the manner and form determined by the municipality.

125.  Section 300 of the Act is repealed.

126.  Subsection 302 (1) of the Act is amended by striking out "and in section 303" in the portion before the definition of "municipality".

127.  Section 303 of the Act is repealed.

128.  Clause (f) of the definition of "payment in lieu of taxes" in section 306 of the Act is repealed.

129.  Subsection 315 (6) of the Act is amended by striking out the portion before paragraph 1 and paragraph 1 and substituting the following:

Geographic areas

(6)  For the purposes of this section, the following geographic areas are established:

1. The upper-tier municipalities of Durham, Halton, Peel and York.

130.  Subsection 317 (2) of the Act is amended by striking out "December" and substituting "November or December".

131.  Subsection 318 (23) of the Act is repealed and the following substituted:

Restructuring orders

(23)  Despite section 151 of the City of Toronto Act, 2006 and section 186 of this Act, a by-law under this section may be made instead of any phase-in authority or requirement set out in an order under section 173 or 175 of this Act or section 149 of the City of Toronto Act, 2006, but the by-law under this section must apply for at least the same number of years as remains outstanding under the phase-in authority or requirement.

132.  Section 321 of the Act is repealed.

133.  Subsection 323 (2) of the Act is repealed and the following substituted:

Annual levy on correctional institutions, etc.

(2)  Despite any Act, if there is situate in a municipality a correctional institution that is designated by the Minister of Community Safety and Correctional Services or a training school or a youth custody facility (designated under subsection 85 (2) of the Youth Criminal Justice Act (Canada)) that is designated by the Minister of Community and Social Services, the municipality may by by-law levy an annual amount payable on or after July 1 upon such institution, school or facility, not exceeding the prescribed amount for each resident placed in such institution, school or facility as determined by the Minister of Community Safety and Correctional Services or the Minister of Community and Social Services, as the case may be.

134.  (1)  Clause 326 (1) (a) of the Act is amended by striking out "prescribed".

(2)  Clause 326 (5) (a) of the Act is repealed and the following substituted:

(a) prescribing services that cannot be identified as a special service under clause (1) (a);

135.  Subsection 329 (3) of the Act is repealed and the following substituted:

Regulations

(3)  The Minister of Finance may make regulations providing for adjustments under paragraph 3 of subsection (1) in respect of changes in taxes for municipal purposes.

136.  Subsection 340 (3) of the Act is repealed and the following substituted:

Certification

(3)  The treasurer shall certify the tax roll for a year in the manner determined by the treasurer.

137.  Clause 341 (2) (a) of the Act is repealed and the following substituted:

(a) shall refund any overpayment to the owner of the land as shown on the tax roll on the date the adjustment is made; or

138.  Clause 345 (9) (a) of the Act is repealed and the following substituted:

(a) in the case of overpayments described in clause (6) (a), the day the error is corrected and, in the case of overpayments described in clause (6) (b), 120 days after the day the municipality is notified of the change by the assessment corporation, the Assessment Review Board or a court; and

139.  Subsection 352 (1) of the Act is amended by striking out "at the request" and substituting "upon the written request".

140.  (1)  Subsection 353 (4) of the Act is amended by striking out "subsection 379 (6)" and substituting "subsection 379 (5)".

(2)  Section 353 of the Act is amended by adding the following subsections:

Liens in favour of the Crown

(4.1)  Despite subsection (4), if on the day before the date of registration of a notice of vesting there are liens or other encumbrances registered against the title to the land in favour of the Crown in right of Ontario or any execution or warrant in favour of the Crown respecting the land appearing in the index of executions maintained by the sheriff for the area in which the land is situate and the local municipality subsequently sells the land, the proceeds of the sale shall be distributed among the municipality, a body charged back under subsection (3) and the Crown in accordance with the following:

1. Subject to paragraph 2, calculate the total of,

i. the amount of unpaid taxes owing to the municipality,

ii. the amounts charged back under subsection (3), and

iii. the total amount outstanding under any liens or other encumbrances in favour of the Crown registered on the day before the notice of vesting is registered and any amount outstanding under any execution or warrant in favour of the Crown appearing in the index of executions maintained by the sheriff for the area in which the land is situate on the day before the notice of vesting is registered.

2. The amount under each of subparagraph 1 i, ii or iii is the lesser of,

i. the actual amount, and

ii. the assessed value of the land as shown on the last assessment roll returned for the year in which the sale of the land occurred.

3. Subject to paragraph 2, the percentage of the proceeds of the sale that the municipality is entitled to is determined by dividing the amount of unpaid taxes owing to the municipality as determined under subparagraph 1 i by the total calculated under paragraph 1.

4. Subject to paragraph 2, the percentage of the proceeds of the sale that a body charged back under subsection (3) is entitled to is determined by dividing the amount charged back under subsection (3) to that body as determined under subparagraph 1 ii by the total calculated under paragraph 1.

5. Subject to paragraph 2, the percentage of the proceeds of the sale that the Crown is entitled to is determined by dividing the amount determined under subparagraph 1 iii by the total calculated under paragraph 1.

Manner in which payment to be made

(4.2)  The proceeds of the sale payable to the Crown under subsection (4.1) shall be paid by the local municipality to the Crown in the manner or in accordance with the process designated by the Minister.

(3)  Subsection 353 (6) of the Act is repealed and the following substituted:

Exception

(6)  Subsections (4), (4.1), (4.2) and (5) do not apply to land in respect of which a notice of vesting is registered under subsection 379 (5) if the cancellation price, as defined in section 371, was less than $10,000 or if the sale occurs seven years or more after registration of the notice of vesting.

141.  Subsections 354 (4) and (5) of the Act are repealed and the following substituted:

Exception

(4)  Despite subsection (3), the local municipality may write off taxes under clause (2) (a) without conducting a tax sale under Part XI,

(a) if the property is owned by Canada, a province or territory or a Crown agency of any of them or by a municipality;

(b) if the recommendation of the treasurer under clause (2) (a) includes a written explanation of why conducting a tax sale would be ineffective or inappropriate; or

(c) in any of the prescribed circumstances.

Regulations

(5)  The Minister may make regulations prescribing circumstances for the purpose of clause (4) (c).

142.  Section 355 of the Act is repealed and the following substituted:

Taxes less than minimum tax amount

355.  (1)  A local municipality may pass a by-law providing that where, in any year, the total amount of taxes to be imposed on a property would be less than the tax amount specified by the municipality in the by-law, the amount of actual taxes payable shall be zero or an amount not exceeding the specified amount.

Same

(2)  In a by-law under subsection (1), the municipality may specify two tax amounts and provide that,

(a) where the total amount of taxes would be less than the lower specified amount, the amount of actual taxes payable shall be zero; and

(b) where the total amount of taxes would be greater than or equal to the lower specified amount and less than the higher specified amount, the amount of the actual taxes payable shall not exceed the higher specified amount.

143.  Subsection 356 (12) of the Act is repealed and the following substituted:

Adjustment of tax roll

(12)  Immediately after a decision of council or the Assessment Review Board, the treasurer of the local municipality shall adjust the tax roll to reflect any division into parcels and apportionment of taxes on the land among the parcels made by the decision.

144.  Subsection 358 (11) of the Act is repealed.

145.  Subsection 359 (12) of the Act is repealed and the following substituted:

Adjustment of tax roll

(12)  Immediately after a decision of council or the Assessment Review Board, the treasurer shall adjust the tax roll to reflect any increase of taxes on the land made by the decision.

When tax payable

(12.1)  Once the tax roll is adjusted, the amount of the increase of taxes is deemed to have been always levied in accordance with the adjusted tax roll except the amount is not payable until 21 days after the day the treasurer sends a tax bill to the taxpayer with respect to the amount.

Overcharges

(12.2)  If a decision of council under this section is appealed and the Assessment Review Board determines there is an overcharge of taxes on the land,

(a) the municipality shall refund the overpayment, if any; and

(b) subsections 345 (6) to (9.2) apply with necessary modifications to the overcharges.

146.  Subsection 361 (12) of the Act is repealed and the following substituted:

Definition

(12)  In this section,

"tax" includes,

(a) charges that are imposed under section 208, and

(b) fees and charges, other than charges described in clause (a), that are imposed under this Act and satisfy the conditions set out in paragraphs 1, 2 and 3 of subsection (13).

Same

(13)  The conditions referred to in clause (b) of the definition of "tax" in subsection (12) are:

1. The fees and charges are imposed to raise an amount for at least one of the following purposes:

i. Promotion of an area as a business or shopping area.

ii. Improvement, beautification and maintenance of land, buildings and structures of the municipality in the area, beyond that provided at the expense of the municipality generally.

iii. Interest payable by the municipality on money it borrows for the purposes of subparagraph i or ii.

2. The fees and charges are imposed on owners of land that is included in the commercial or industrial classes within the meaning of subsection 308 (1).

3. The fees and charges have priority lien status and are added to the tax roll.

147.  Subsection 364 (25) of the Act is repealed and the following substituted:

Interpretation

(25)  In this section, "tax" has the same meaning as in subsection 361 (12).

148.  Section 365.3 of the Act is amended by adding "356" after "345".

149.  The definition of "business improvement area charges" in subsection 368 (11) of the Act is repealed and the following substituted:

"business improvement area charges" means the fees and charges included in the definition of "tax" in subsection 361 (12); ("redevances d'aménagement commercial")

150.  Section 372 of the Act is repealed and the following substituted:

Interpretation

372.  For the purposes of this Part,

"abstract index" and "parcel register" include an instrument received for registration on the day the tax arrears certificate was registered even if the instrument has not been abstracted or entered in the index or register on that day; ("répertoire par lot", "registre des parcelles")

"index of executions" means the electronic database that the sheriff maintains for writs of execution. ("répertoire des brefs d'exécution")

151.  Paragraphs 2 and 3 of subsection 374 (1) of the Act are repealed and the following substituted:

2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).

3. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).

152.  Section 375 of the Act is amended by adding the following subsection:

Effect of cancellation certificate

(2.1)  Unless otherwise shown in the tax arrears cancellation certificate, the certificate, when registered, is conclusive proof of the payment of the cancellation price as of the date set out in it.

153.  Section 377 of the Act is repealed.

154.  (1)  Section 379 of the Act is amended by adding the following subsection:

Public auction or public tender

(2.1)  If the land is offered for public sale, the minimum bid or minimum tender amount, as the case may be, shall be the cancellation price.

(2)  Subsection 379 (6) of the Act is amended by striking out "in the prescribed form" in the portion before clause (a).

(3)  Subsection 379 (7) of the Act is amended,

(a) by striking out the portion before clause (a) and substituting the following:

Effect of conveyance

(7)  A tax deed, when registered, vests in the person named in it an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, except,

. . . . .

(b) by striking out "or notice of vesting" at the end of clause (c).

(4)  Section 379 of the Act is amended by adding the following subsection:

Effect of registration of notice of vesting

(7.1)  Despite subsection 3.6.1 (2) of the Fuel Tax Act, subsection 18 (2) of the Gasoline Tax Act, subsection 22 (2) of the Retail Sales Tax Act and subsection 24.1 (2) of the Tobacco Tax Act, a notice of vesting, when registered, vests in the municipality an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, including all estates and interests of the Crown in right of Ontario, except,

(a) easements and restrictive covenants that run with the land, including those for the benefit of the Crown in right of Ontario;

(b) any estates and interests of the Crown in right of Canada; and

(c) any interest or title acquired by adverse possession by abutting landowners, including the Crown in right of Ontario, before registration of the notice of vesting.

(5)  Subsection 379 (15) of the Act is amended by striking out "one year" and substituting "two years".

155.  The Act is amended by adding the following section:

No successful purchaser

380.1  (1)  If the treasurer conducts a public sale and there is no successful purchaser, the treasurer may, within two years after the date of the public sale, offer the land for public sale by public auction or public tender, as the treasurer decides, a second time in accordance with the prescribed rules.

Notice

(2)  At least 30 days before the land is readvertised for public sale, the treasurer shall send to the persons entitled to receive notice under subsection 379 (1) a notice that the land will be readvertised for public sale.

Application of provisions

(3)  Subsection 379 (2) and sections 380 to 387 apply with necessary modifications to the sale as if it were the first public sale.

Non-application

(4)  This section does not apply to land if a notice of vesting was registered in respect of the land following the first public sale.

156.  Clause 381 (1) (c) of the Act is repealed and the following substituted:

(c) in the case of a person appearing to have an interest in the land by the index of executions for the area in which the land is situate, to the address of the person or person's solicitor as shown in the index of executions or in the records of the sheriff for the area in which the land is situate;

157.  (1)  Subsection 386.1 (1) of the Act is amended by striking out "12 months" and substituting "24 months".

(2)  Subsections 386.1 (4) and (5) of the Act are repealed.

158.  (1)  Subsection 388 (2) of the Act is amended by striking out "2003" and substituting "2004".

(2)  Subsection 388 (3) of the Act is repealed and the following substituted:

Certificate registered

(3)  If, before January 1, 1985, a tax arrears certificate was registered under the Municipal Affairs Act in respect of any land and a tax arrears cancellation certificate was registered with respect to the land between January 1, 2003 and January 1, 2004, the tax arrears certificate is cancelled.

(3)  Subsection 388 (4) of the Act is amended by striking out "clause (3) (b)" in the portion before clause (a) and substituting "subsection (3)".

(4)  Subsection 388 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:

No registration

(5)  If, before January 1, 2004, no notice of forfeiture or tax arrears cancellation certificate was registered in accordance with subsection (2) or (3), the land is deemed to vest in the municipality in fee simple, together with all rights, privileges and appurtenances, free from all estates and interest except,

. . . . .

159.  Section 389 of the Act is amended by striking out "the day this Act comes into force" and substituting "January 1, 2003".

160.  Section 390 of the Act is amended by adding the following definition:

"fee or charge" means, in relation to a municipality, a fee or charge imposed by the municipality under sections 9, 10 and 11 and, in relation to a local board, a fee or charge imposed by the local board under subsection 391 (1.1); ("droits ou redevances")

161.  (1)  Subsection 391 (1) of the Act is repealed and the following substituted:

By-laws re: fees and charges

(1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

(c) for the use of its property including property under its control.

Local board

(1.1)  A local board may impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any municipality or other local board; and

(c) for the use of its property including property under its control.

(2)  Subsection 391 (2) of the Act is repealed and the following substituted:

Deferred benefit

(2)  A fee or charge imposed for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time.

(3)  Section 391 of the Act is amended by adding the following subsections:

Costs related to administration, etc.

(3)  The costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets.

Fees for mandatory services, etc.

(4)  A fee or charge may be imposed whether or not it is mandatory for the municipality or local board imposing the fee or charge to provide or do the service or activity, pay the costs or allow the use of its property.

Conflict

(5)  In the event of a conflict between a fee or charge by-law and this Act, other than this Part, or any other Act or regulation made under any other Act, the by-law prevails.

162.  Section 392 of the Act is repealed.

163.  Section 393 of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

164.  Subsection 394 (1) of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

165.  Section 395 of the Act is amended by striking out "in this Part" and substituting "in this Act".

166.  Section 396 of the Act is repealed.

167.  Section 397 of the Act is repealed and the following substituted:

Approval of local board by-law

397.  (1)  A municipality may pass a by-law providing that a by-law of a local board of the municipality, which is not a local board of any other municipality, imposing fees or charges shall not come into force until the municipality passes a resolution approving the by-law of the local board.

Exception

(2)  A by-law of a municipality under subsection (1) does not apply to fees or charges subject to approval under any federal Act or under a regulation under section 400.

168.  (1)  Subsection 398 (1) of the Act is amended by striking out "under this Part".

(2)  Subsection 398 (2) of the Act is amended by striking out "under this Part" in the portion before paragraph 1.

169.  (1)  Clause 400 (a) of the Act is amended by striking out "under this Part".

(2)  Clause 400 (b) of the Act is amended by striking out "under this Part" at the end and substituting "to impose fees or charges".

(3)  Clause 400 (g) of the Act is amended by striking out "under this Part".

170.  Section 401 of the Act is amended by adding the following subsection:

Joint and several obligations

(3.1)  All debentures issued under a by-law passed by a regional municipality for its own purposes are direct, joint and several obligations of the regional municipality and its lower-tier municipalities.

171.  Subsection 405 (4) of the Act is repealed.

172.  Subsection 406 (4) of the Act is repealed.

173.  Subsection 407 (6) of the Act is repealed.

174.  Subsection 408 (3) of the Act is repealed and the following substituted:

Term restriction

(3)  The term of a debt of a municipality or any debenture or other financial instrument for long-term borrowing issued for it shall not extend beyond the lifetime of the undertaking for which the debt was incurred and shall not exceed 40 years.

175.  Subsections 409 (1) and (2) of the Act are repealed and the following substituted:

Sinking and retirement fund debentures

(1)  A municipality may provide in a debenture by-law,

(a) that all or a portion of the debentures are sinking fund debentures which have the principal payable on a fixed date;

(b) that a portion of the debentures are term debentures which have,

(i) the principal payable on a fixed date, and

(ii) a retirement fund for the repayment of the principal which does not require payment into it to begin until after the principal of the other debentures issued under the by-law becomes payable; or

(c) that a retirement fund be established for the repayment of the principal amount of a class or classes of its debentures other than sinking fund or term debentures.

Amount to be raised annually

(2)  A by-law passed under this section shall provide for the following amounts:

1. In respect of a sinking fund by-law, an estimated amount in each year for the sinking fund which, with interest compounded annually, will be sufficient to pay the principal of the debentures at maturity.

2. In respect of a term debenture by-law, in each year that a payment is made into the retirement fund, an estimated amount in each year for the retirement fund which, with interest compounded annually, will be sufficient to pay the principal of the debentures at maturity.

3. In respect of a retirement fund by-law for a class of debentures other than a sinking fund or term debenture, in each year an amount equal to or greater than the amount that would have been required for the repayment of the principal of the debentures in that year if the principal had been payable in equal annual instalments and the debentures had been issued for the maximum period authorized by the municipality for the repayment of the debt for which the debentures were issued.

176.  Section 410 of the Act is repealed and the following substituted:

Sinking fund committee

410.  If a municipality establishes a sinking fund committee, the committee,

(a) shall manage the sinking fund and retirement funds established by the municipality under section 409;

(b) shall invest money in those funds in any securities that the municipality that established the committee is permitted to invest in, including approving or not approving any investment or disposition of that investment; and

(c) may apply balances or other amounts in accordance with section 409.

177.  Section 413 of the Act is amended by adding the following subsection:

Special case

(5)  Despite subsection (1), payments made under the Ontario Municipal Employees Retirement System Act or the Ontario Municipal Employees Retirement System Act, 2006 with respect to past service may be provided for by the issue of debentures.

178.  Subsection 414 (3) of the Act is repealed.

179.  Subsection 417 (1) of the Act is repealed and the following substituted:

Reserve funds

(1)  If a local board, as defined in the Municipal Affairs Act, or any other body exercising a power with respect to municipal affairs under any Act in unorganized territory does not have power under another Act or another section of this Act to establish and maintain a reserve fund, it may, under this subsection, provide in its budget for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend money.

180.  (1)  Subsection 418 (5) of the Act is repealed.

(2)  Subsection 418 (6) of the Act is amended by adding the following clause:

(b.1) prescribing and defining financial instruments and agreements that municipalities may issue or enter into for or in relation to investments under subsection (1);

181.  Section 419 of the Act is repealed.

182.  Part XIV of the Act is repealed and the following substituted:

PART XIV
ENFORCEMENT

Offences and Penalties

Authority to create offences

425.  (1)  A municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence.

Same

(2)  A police services board of a municipality may pass by-laws providing that a person who contravenes a by-law of the board passed under this Act is guilty of an offence.

Directors and officers

(3)  A by-law under this section may provide that a director or officer of a corporation who knowingly concurs in the contravention of a by-law by the corporation is guilty of an offence.

Offence re obstruction, etc.

426.  (1)  No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under this Act.

Occupied dwellings

(2)  A refusal of consent to enter or to remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of subsection (1) unless the municipality is acting under an order under section 438 or a warrant under section 439 or in the circumstances described in clause 437 (d) or (e).

Orders under s. 438

(3)  No person shall neglect or refuse to produce any information or thing or to provide any information required by any person acting pursuant to an order under section 438.

Offence

(4)  Any person who contravenes subsection (1) or (3) is guilty of an offence.

Same, director or officer

(5)  Every director or officer of a corporation who knowingly concurs in the contravention by the corporation under subsection (1) or (3) is guilty of an offence.

Offence re disabled parking

427.  A by-law establishing a system of disabled parking shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.

Offence re illegally parked vehicle

428.  A by-law may provide that, where a vehicle has been left parked, stopped or standing in contravention of a by-law passed under this Act, the owner of the vehicle is guilty of an offence, even though the owner was not the driver of the vehicle at the time of the contravention of the by-law, and is liable to the applicable fine unless, at the time of the offence, the vehicle was in the possession of another person without the owner's consent.

Authority to establish fines

429.  (1)  Subject to subsection (4), a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act.

Same

(2)  Without limiting subsection (1), a system of fines may,

(a) designate an offence as a continuing offence and provide for a minimum and maximum fine for each day or part of a day that the offence continues;

(b) designate an offence as a multiple offence and provide for a minimum and maximum fine for each offence included in the multiple offence;

(c) establish escalating fines for a second and subsequent convictions for the same offence; and

(d) establish special fines in addition to the regular fine for an offence which are designed to eliminate or reduce any economic advantage or gain from contravening the by-law.

Restrictions

(3)  The following rules apply to the system of fines:

1. A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000. However, a special fine may exceed $100,000.

2. In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph 1, the total of all of the daily fines for the offence is not limited to $100,000.

3. In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph 1, the total of all fines for each included offence is not limited to $100,000.

Fine under another Act

(4)  If the provisions of any other Act, other than the Provincial Offences Act, provide for the fines for a contravention of a by-law of a municipality, the municipality cannot establish a system of fines under this section with respect to the by-law.

Definition

(5)  In this section,

"multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of a by-law.

Additional penalty re adult entertainment establishments

430.  A municipality may provide that a person who is convicted of an offence for a contravention of a business licensing by-law dealing with an adult entertainment establishment may be liable to a term of imprisonment not exceeding one year in addition to any other applicable penalties.

Additional order to discontinue or remedy

431.  If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,

(a) prohibiting the continuation or repetition of the offence by the person convicted; and

(b) in the case of a by-law described in section 135 or 142, requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

Payments out of court

432.  A by-law under section 425 may establish a procedure for the voluntary payment of penalties out of court where it is alleged that any of the following by-laws have been contravened:

1. By-laws related to the parking, standing or stopping of vehicles.

2. By-laws related to animals, as defined in section 11.1, being at large or trespassing.

Municipality entitled to fines

433.  (1)  Except as otherwise provided in this or any other Act, every fine imposed for a contravention of a by-law of a municipality or by-law of a local board of the municipality belongs to the municipality.

Proceeds in cases of obstruction

(2)  The proceeds of any fine imposed in a prosecution conducted by a municipality for an offence under section 426 shall be paid to the treasurer of the municipality and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply with respect to that fine.

Fines, special cases

434.  The fines imposed for the contravention of by-laws of any lower-tier municipality shall, where prosecuted by the police force of the upper-tier municipality, belong to the upper-tier municipality and, where prosecuted by any other person, belong to the lower-tier municipality whose by-law has been contravened.

Powers of Entry

Conditions governing powers of entry

435.  (1)  Unless otherwise provided in this Act, in an order under section 438 or in a warrant under section 439, the following conditions apply to the exercise of a power of entry of a municipality under this Act:

1. The power of entry shall be exercised by an employee, officer or agent of the municipality or a member of the police force of the municipality.

2. The person exercising the power must on request display or produce proper identification.

3. The person exercising the power may be accompanied by a person under his or her direction.

4. Notice of the proposed entry shall be provided to the occupier of the land, except,

i. where the entry is authorized under section 436, clause 437 (a) or (e) or section 439,

ii. where the entry is authorized under section 438 in respect of a premises other than a room or place actually used as a dwelling,

iii. where entry is authorized onto land under section 62, 87 or 97 or Part XI, or

iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person.

5. The municipality shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry,

i. is under section 446, or

ii. is under Part XI if, under that Part, the treasurer registers a notice of vesting, in the name of the municipality, in respect of the land.

Notice

(2)  Where subsection (1) requires that notice of a proposed exercise of a power of entry be given, the notice must satisfy the following requirements:

1. The notice must be given to the occupier of the land in respect of which the power of entry will be exercised.

2. The notice must be given within a reasonable time before the power of entry is exercised.

3. The notice must be given by personal service in the case of a proposed exercise of a power of entry under section 79, 80 or 446 in respect of a room or place actually used as a dwelling.

4. In the case of a proposed exercise of a power of entry other than one described in paragraph 3, the notice must be given by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.

Power of entry re inspection

436.  (1)  A municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

1. A by-law of the municipality passed under this Act.

2. A direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act.

3. A condition of a licence issued under a by-law of the municipality passed under this Act.

4. An order made under section 431.

Inspection powers

(2)  By-laws passed under subsection (1) may provide that for the purposes of an inspection the municipality may,

(a) require the production for inspection of documents or things relevant to the inspection;

(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

(c) require information from any person concerning a matter related to the inspection; and

(d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

Samples

(3)  A sample taken under clause (2) (d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.

Same

(4)  If a sample is taken under clause (2) (d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.

Receipt

(5)  A receipt shall be provided for any document or thing removed under clause (2) (b) and the document or thing shall be promptly returned after the copies or extracts are made.

Evidence

(6)  Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

Restriction re dwellings

437.  Despite any provision of this Act, a person exercising a power of entry on behalf of a municipality under this Act shall not enter or remain in any room or place actually being used as a dwelling unless,

(a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3;

(b) an order issued under section 438 is obtained;

(c) a warrant issued under section 439 is obtained;

(d) a warrant issued under section 386.3 is obtained;

(e) the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person; or

(f) the municipality has given notice of its intention to enter to the occupier of the land as required under subsection 435 (2) and the entry is authorized under section 79, 80 or 446.

Inspection pursuant to order

438.  (1)  A municipality has the power to pass by-laws providing that the municipality may, in the circumstances set out in the by-laws, undertake inspections pursuant to orders under this section.

Order

(2)  A provincial judge or justice of the peace may issue an order authorizing the municipality to enter on land for the purpose of carrying out an inspection for a purpose described in subsection 436 (1) and to exercise powers described in clauses 436 (2) (a) to (d) as specified in the order if he or she is satisfied by evidence under oath,

(a) that the circumstances of the inspection are provided for in a by-law under subsection (1);

(b) that the inspection is reasonably necessary; and

(c) that one of the following conditions exists:

(i) where there is no by-law under section 436 which provides for inspections in such circumstances, the municipality has made a reasonable attempt to obtain the occupier's consent for the inspection,

(ii) where there is a by-law under section 436 which provides for inspections in such circumstances, the municipality has been prevented or is likely to be prevented from doing anything set out in subsection 436 (1) or (2).

Expiry of order

(3)  An order under this section shall state the date on which it expires, which date shall not be later than 30 days after the day the order is issued.

Time for execution

(4)  An order under this section may be executed only between 6 a.m. and 9 p.m. unless the order provides otherwise.

Notice

(5)  In the case of an order authorizing an inspection of a room or place actually being used as a dwelling, the occupier must be given notice concerning when the inspection will be carried out.

Application without notice

(6)  An order under this section may be issued on application without notice.

Interpretation

(7)  A by-law may be passed under subsection (1) and orders may be issued under subsection (2) whether or not there is a by-law under section 436.

Application of provisions

(8)  Subsections 436 (3) to (6) apply with necessary modifications to this section.

Search warrant

439.  (1)  A provincial judge or justice of the peace may issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place for the evidence specified in the warrant if he or she is satisfied by information on oath that there is reasonable ground to believe that,

(a) an offence under this Act or a by-law passed under this Act has been committed; and

(b) the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.

Seizure

(2)  In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize evidence specified in the warrant that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.

Same

(3)  A person who seizes something under a search warrant shall,

(a) give a receipt for the thing seized to the person from whom it was seized; and

(b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.

Time for execution

(4)  A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.

Application

(5)  Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.

General Enforcement Powers

Power to restrain

440.  If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened, in addition to any other remedy and to any penalty imposed by the by-law, the contravention may be restrained by application at the instance of a taxpayer or the municipality or local board.

Collection of unpaid licensing fines

441.  (1)  A municipality may authorize the treasurer or his or her agent to give the notice under subsection (2) at the times and in the manner set out in the by-law.

Notice

(2)  If any part of a fine for a contravention of a business licensing by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment ordered under that section, the authorized officer may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice.

Seizure

(3)  If the fine remains unpaid after the final date specified in the notice, the fine is deemed to be unpaid taxes for the purposes of section 351.

Enforcement of agreements, etc.

442.  Where a duty or liability is imposed by statute or agreement upon any person in favour of a municipality or in favour of some or all of the residents of a municipality, the municipality may enforce it and obtain such relief and remedy as could be obtained,

(a) in a proceeding by the Attorney General;

(b) in a relator proceeding by any person in the name of the Attorney General; or

(c) in a proceeding by the residents on their own behalf or on behalf of themselves and other residents.

Enforcement of loans by a municipality

443.  (1)  If a municipality makes a loan to any person to pay for the whole or any part of the cost of the person complying with a by-law of the municipality, the local municipality may, and upon the request of its upper-tier municipality shall, add the amount of the loan, together with interest at the rate of the loan given by the local municipality or its upper-tier municipality, to the tax roll for any land located in the local municipality if all the owners of the land are responsible for repaying the loan, and the local municipality may collect the amount owing in the same manner as municipal taxes over a period of years determined by the municipality that gave the loan.

Lien

(2)  The amount of the loan, including interest accrued to the date the loan is repaid, is a lien on land upon the registration in the proper land registry office of a notice of lien.

Discharge

(3)  When a loan is repaid in full, including interest, the municipality shall register a discharge of lien in the proper land registry office.

Orders and Remedial Actions

Order to discontinue activity

444.  (1)  If a municipality is satisfied that a contravention of a by-law of the municipality passed under this Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity.

Same

(2)  An order under subsection (1) shall set out,

(a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

(b) the date by which there must be compliance with the order.

Offence

(3)  A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.

Work order

445.  (1)  If a municipality is satisfied that a contravention of a by-law of the municipality passed under this or any other Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention.

Same

(2)  An order under subsection (1) shall set out,

(a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

(b) the work to be done and the date by which the work must be done.

Same

(3)  An order under subsection (1) may require work to be done even though the facts which constitute the contravention of the by-law were present before the by-law making them a contravention came into force.

Offence

(4)  A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.

Remedial action

446.  (1)  If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense.

Entry upon land

(2)  For the purposes of subsection (1), the municipality may enter upon land at any reasonable time.

Recovery of costs

(3)  The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

Costs added to tax roll

(4)  For the purposes of subsection (3), a local municipality shall, upon the request of its upper-tier municipality, add the costs of the upper-tier municipality to the tax roll.

Interest

(5)  The costs include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the municipality, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full.

Lien for costs

(6)  The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien.

Same

(7)  The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (5) to the date the payment is made.

Effect of payment

(8)  Upon receiving payment of all costs payable plus interest accrued to the date of payment, the municipality shall register a discharge of the lien in the proper land registry office.

Court Order to Close Premises

Closing premises, lack of licence

447.  (1)  Where an owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a licence required by a business licensing by-law, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.

Same

(2)  Where a person is convicted of a contravention of a licensing by-law passed under this Act, other than a conviction described in subsection (1), and the court determines that the owner or occupant of the premises or part of the premises in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject-matter of the conviction or of any pattern of similar conduct, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.

Suspension of closing order

(3)  Upon application of any person who has an interest in the premises ordered closed under this section, the Superior Court of Justice may suspend any closing order for such period and upon such conditions as are specified by the court,

(a) if the court is satisfied that the use to which the premises will be put will not contravene a licensing by-law under this Act; and

(b) if the applicant posts a cash bond for $10,000 or such greater sum as the court determines, for such term as the court determines, to ensure that the premises will not be used in contravention of any by-law.

Discharge of closing order

(4)  The Superior Court of Justice may discharge a closing order if, upon application, the court is satisfied that,

(a) there has been or will be a change in the effective ownership of the premises subsequent to the commission of an offence described in subsection (1) or (2); and

(b) the new owner can ensure that there will be no contravention of any licensing by-law passed under this Act.

Barring of entry

(5)  If a closing order is made under this section, the police force responsible for policing in the municipality shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.

Forfeiture of bond

(6)  If a closing order is suspended under subsection (3) and after the suspension a person is convicted of an offence for contravening a licensing by-law under this Act in respect of the premises or part of them referred to in the closing order, a judge of the Superior Court of Justice may, upon application, order the forfeiture of the bond and the payment to the Crown of the proceeds and order the suspension lifted and the closing order reinstated.

No appeal

(7)  No appeal lies from an order made under subsection (6).

Notice

(8)  The municipality that passed the licensing by-law in respect of which a closing order was made is a party to any proceedings instituted under subsection (3), (4) or (6) in respect of the order and shall be given notice of the proceedings in accordance with the rules of the court.

By-law deemed passed by council

(9)  For the purposes of subsection (8), if the licensing by-law was passed by the police services board or by any other person or body to whom the municipality has delegated the power to pass the by-law, the by-law is deemed to have been passed by the municipality.

Application for suspension or discharge of closing order

(10)  Where an appeal is taken from a closing order or from a conviction in respect of which the order was made, the appellant may apply under subsection (3) for a suspension of the closing order until the disposition of the matter under appeal or any person may apply under subsection (4) for a discharge of the order but the commencement of an appeal does not stay the order.

Description of premises

(11)  The description of any premises in a closing order by reference to its municipal address is sufficient for the purposes of the order.

Registration

(12)  A closing order may be registered in the proper land registry office.

Definition

(13)  In subsections (1) and (2),

"court" means the Ontario Court of Justice or a court to which an appeal may be taken under Part VII of the Provincial Offences Act.

Closing premises, public nuisance

447.1  (1)  Upon application of a municipality, the Superior Court of Justice may make an order requiring that all or part of a premises within the municipality be closed to any use for a period not exceeding two years if, on the balance of probabilities, the court is satisfied that,

(a) activities or circumstances on or in the premises constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises;

(b) the public nuisance has a detrimental impact on the use and enjoyment of property in the vicinity of the premises including, but not limited to, impacts such as,

(i) trespass to property,

(ii) interference with the use of highways and other public places,

(iii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns,

(iv) activities that have a significant impact on property values,

(v) an increase in harassment or intimidation, or

(vi) the presence of graffiti; and

(c) the owner or occupants of the premises or part of the premises knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance.

Consent

(2)  A municipality shall not make an application under subsection (1) with respect to a premises without the consent of the chief of police of the municipal police force or the detachment commander of the Ontario Provincial Police detachment that is responsible for policing the area which includes the premises and the consent shall not be refused unless, in the opinion of the chief of police or detachment commander, the application may have an impact on the operations of the police.

Notice to Attorney General

(3)  After obtaining a consent under subsection (2) but before making an application under subsection (1), the municipality shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney General.

Resulting action

(4)  The following conditions apply with respect to a notice given to the Attorney General under subsection (3):

1. If the Attorney General does not provide any comment to the municipality with respect to the application within the 15-day period, the municipality may proceed with the application.

2. If the Attorney General provides comments to the municipality supporting the application within the 15-day period, the municipality may immediately proceed with the application.

3. If the Attorney General provides comments to the municipality opposing the application within the 15-day period, the municipality may not proceed with the application.

Action by Attorney General

(5)  The Attorney General may, at any time, take over or terminate an application under subsection (1) or be heard in person or by counsel on the application.

Contents of notice

(6)  A notice under subsection (3) shall include a description of,

(a) the premises with respect to which the municipality intends to make the application;

(b) the activities or circumstances on or in the premises which, in the opinion of the municipality, constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises; and

(c) the detrimental impact on the use and enjoyment of property in the vicinity of the premises which, in the opinion of the municipality, is caused by the activities or circumstances described in clause (b).

Suspension of closing order

(7)  Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order suspending an order made under subsection (1) to permit such use, for such period and upon such conditions imposed on the applicant, including the posting of security, as may be specified by the court if, on the balance of probabilities, the court is satisfied that the use will not result in activities and circumstances constituting a public nuisance.

Discharge of closing order

(8)  Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order discharging an order made under subsection (1) if, on the balance of probabilities, the court is satisfied that circumstances have changed to the extent that after the discharge of the order the premises will not be used in a manner which will result in activities and circumstances constituting a public nuisance.

Barring entry

(9)  If a closing order is made under this section, the police force responsible for policing in the municipality shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.

No stay of order

(10)  An application under this section does not stay an order under subsection (1).

Municipality to be party

(11)  A municipality that obtains an order with respect to a premises under subsection (1) is entitled to be a party in proceedings under subsection (7) or (8) and shall be served with a copy of the notice initiating proceedings in accordance with the rules of the court.

Notice

(12)  Notice of an application under this section shall be served on the Attorney General who is entitled to be heard in person or by counsel on the application.

Description of premises

(13)  For the purpose of an order under this section, the municipal address of the premises is a sufficient description of the premises or part of the premises affected by the order.

Registration

(14)  An order under this section may be registered in the proper land registry office.

Right not affected

(15)  Nothing in this section affects the Attorney General's right to bring an injunction in the public interest.

Inspection of buildings containing marijuana grow operations

447.2  (1)  If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.

Persons who may conduct inspection

(2)  An inspection referred to in subsection (1) may be conducted by,

(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or

(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

Nature of inspection

(3)  The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.

Powers to conduct inspection

(4)  The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.

Action to be taken

(5)  Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.

Definition

(6)  In this section,

"police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.

Where marijuana grow operation is in a lower-tier municipality

447.3  (1)  If the clerk of a lower-tier municipality is notified under subsection 447.2 (1) that a building located on land in the lower-tier municipality contained a marijuana grow operation, the lower-tier municipality shall, if in its opinion it is appropriate to do so, forward a copy of the notice referred to in subsection 447.2 (1) to the clerk of the upper-tier municipality of which the lower-tier municipality forms a part.

Same

(2)  Upon the clerk of the upper-tier municipality being notified under subsection (1), the obligation under subsection 447.2 (1) to ensure that an inspection of the building is conducted becomes the obligation of both the lower-tier municipality and the upper-tier municipality.

Co-ordination of enforcement

447.4  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.

Other matters not affected

(2)  Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.

Proof of by-laws

447.5  (1)  If a court convicts a person for a contravention of a by-law of a municipality or of a local board of a municipality without proof of the by-law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as it considers appropriate.

Requirement as to proof

(2)  Nothing in this section relieves a prosecutor from the duty of proving the by-law or entitles the convicting court to dispense with such proof.

Matters of evidence re other documents

Admissibility of certified copies

447.6  (1)  A copy of any record under the control of the clerk of the municipality purporting to be certified by the clerk and under the seal of the municipality may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Certified copies, local boards

(2)  A copy of any record under the control of an officer of a local board purporting to be certified by the officer and under the seal of the local board or containing a statement by the officer that there is no seal may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or statement or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Same, records

(3)  A copy of any record transferred to a person pursuant to an agreement under section 254 and certified by the person or an officer of the person having responsibility for the record may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.

Statement of licensing status

(4)  In any prosecution or proceeding under a business licensing by-law providing for a system of licences for a business, a statement as to the licensing or non-licensing of any premises or person purporting to be signed by the clerk of a municipality, by the chief administrative officer of a police services board or by the chief administrative officer of any other person or body to whom the municipality has delegated its licensing powers is, without proof of the office or signature of the clerk or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in the prosecution or proceeding.

Proof of seal or signature not required

(5)  Every by-law purporting to be under the seal of a municipality and signed by head of council or presiding officer at the meeting at which the by-law is passed, when produced by the clerk or any other officer of the municipality charged with the custody of it, is admissible in evidence in all courts without proof of the seal or signature.

Photocopies

(6)  A by-law or resolution passed under section 255 may provide that a specified copy of a record is deemed to be the original for the purposes of this section if the original has been destroyed in accordance with section 255 or the by-law or resolution under that section.

Admissibility

(7)  Nothing in subsection (6) renders admissible in evidence a copy of a record that is not otherwise admissible by statute or the law of evidence.

Evidence re debentures

(8)  If there is no original written record of or related to a debenture, any writing produced from an electronic or magnetic medium that is in a readily understandable form is admissible in evidence to the same extent as if it were an original written record.

Costs in legal proceedings

447.7  (1)  Despite any Act, in any proceeding to which a municipality or local board is a party, costs adjudged to the municipality or local board shall not be disallowed or reduced merely because the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the municipality or local board or a salaried officer of another municipality acting on behalf of the local board and for that, or any other reason, was not entitled to recover any costs from the municipality or local board in respect of the services rendered.

Costs to general fund

(2)  The costs recovered in any proceeding by or on behalf of a municipality or local board shall form part of the general funds of the municipality or local board, respectively.

Power to adopt other codes, etc.

447.8  (1)  A by-law of a municipality or of a local board of a municipality made under this or any other Act may,

(a) adopt by reference, in whole or in part, with such changes as the council or board considers appropriate, any code, standard, procedure or regulation as it stands at a specific date, as it stands at the time of adoption or as amended from time to time; and

(b) require compliance with any code, standard, procedure or regulation so adopted.

Inspection

(2)  A copy of a code, standard, procedure or regulation adopted under this section shall be available for public inspection.

Application of Part to other Acts

447.9  (1)  This Part applies with necessary modifications to by-laws passed by a municipality or police services board of a municipality under any other Act except as otherwise provided in the other Act.

Exceptions

(2)  Despite subsection (1), sections 435 to 439, 444 and 445 do not apply to by-laws passed by a municipality or a police services board under any other Act.

184.  Part XVI of the Act is amended by adding the following section:

Regulations re the provincial interest

451.1  (1)  If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the powers of a municipality under sections 9, 10 and 11 or Part IV or providing that a municipality cannot exercise the powers in prescribed circumstances.

Deemed revocation

(2)  A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then.

Restriction

(3)  The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect.

Same

(4)  Subsection (3) does not affect any authority to make regulations under any other section of this or any other Act.

Effect on by-laws

(5)  If a regulation made under subsection (1) imposes limits or conditions on a power of a municipality or provides that a municipality cannot exercise a power in prescribed circumstances, any by-law made by a municipality under the applicable power is inoperative to the extent of the limits, conditions or prohibition.

185.  (1)  Section 452 of the Act is amended by adding the following subsections:

Regulation to continue powers

(2.1)  The Lieutenant Governor in Council may make regulations authorizing a municipality to exercise a power that it had on the day before this subsection comes into force.

Retroactive

(2.2)  A regulation under subsection (2.1) may be retroactive to a day not earlier than the day on which this subsection comes into force.

(2)  Subsection 452 (3) of the Act is amended by adding "or (2.1)" after "subsection (1)".

186.  Clause 453 (1) (c) of the Act is repealed and the following substituted:

(c) to deal with problems or issues arising as a result of the amendment or repeal of an Act or a provision of an Act by this Act, the Municipal Statute Law Amendment Act, 2002 or the Municipal Statute Law Amendment Act, 2006.

187.  The Act is amended by adding the following sections:

Continuation of by-laws, resolutions

457.1  (1)  If, as a result of the enactment of the Municipal Statute Law Amendment Act, 2006, a municipality or a local board, as defined in the Municipal Affairs Act, that existed on the day before section 8 of Schedule A to that Act came into force no longer has the authority to pass a by-law or resolution that was in force on that day, despite the absence of authority,

(a) the by-law or resolution continues in force until its repeal, expiration or three years after that day, whichever occurs first; and

(b) the authority, as it read on that day, continues to apply to the by-law or resolution passed under it before that day.

Application of provisions

(2)  Subsections 457 (2) and (3) apply with necessary modifications to this section.

Deemed by-law re powers and duties

457.2  (1)  This section applies if a person or body, other than a municipal services board, ceases to be authorized to exercise powers or perform duties on behalf of, or in relation to, a municipality by virtue of the coming into force of any provision of Schedule A to the Municipal Statute Law Amendment Act, 2006.

Same

(2)  On the day on which the applicable provision comes into force, a municipality is deemed to have passed any by-law necessary under this Act to give the person or body any power or duty,

(a) that the municipality is capable of giving to the person or body under this Act; and

(b) that the person or body was authorized to exercise or perform, on behalf of or in relation to the municipality, immediately before that day.

Same

(3)  If the deemed by-law is a delegation by-law, it is also deemed to provide that both the municipality and the delegate can exercise the delegated powers.

Amend or repeal

(4)  The municipality may amend or repeal the deemed by-law.

188.  The French version of section 459 of the Act is amended by adding "électoraux" after "quartiers".

188.1  Section 468 of the Act is repealed and the following substituted:

Board of control, City of London

468.  Despite the repeal of the old Act, Part V of that Act continues to apply to the board of control of The Corporation of the City of London, subject to the following rules:

1. The board is deemed to be a board of control under section 64 of the old Act.

2. Subsection 64 (3) of the old Act does not apply to the board.

3. The references to a two-thirds vote in subsections 64 (2) and 68 (3), (6) and (7) of the old Act are deemed to be references to a majority vote.

189.  The Act is amended by adding the following section:

Continued application

474.10.1  Despite the repeal of subsection 9 (2) of this Act by section 8 of Schedule A to the Municipal Statute Law Amendment Act, 2006, that subsection, as it read on the day before its repeal, continues to apply to resolve ambiguities existing on that day.

Commencement

190.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 189 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS TO THE CITY OF TORONTO ACT, 2006

1.  (1)  The definition of "licence" in section 3 of the City of Toronto Act, 2006 is repealed and the following substituted:

"licence", in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning; ("permis")

(2)  The French version of the definition of "local board" in subsection 3 (1) of the Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

2.  The French version of subsection 6 (1) of the Act is amended by striking out "et d'améliorer" and substituting "et pour améliorer".

3.  (1)  The French version of subsection 8 (2) of the Act is amended by striking out "peut, par règlement, traiter des questions" in the portion before paragraph 1 and substituting "peut adopter des règlements relativement aux questions".

(2)  The French version of paragraph 2 of subsection 8 (2) of the Act is repealed and the following substituted:

2. La responsabilisation et la transparence de la cité et de ses conseils locaux (définition restreinte) ainsi que de leurs opérations.

(3)  Section 8 of the Act is amended by adding the following subsection:

Exception

(5.1)  Nothing in subsection (5) prevents the City passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure that the physical operation of a system of the City or of a city board is not impaired; or

(b) to ensure that the City, a city board or a system of the City or city board meets any provincial standards or regulations that apply to it.

4.  (1)  Section 12 of the Act is amended by adding the following subsection:

Interpretation

(1.1)  For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not the City has a particular power shall not be interpreted as a limit on the power contained in the specific provision.

(2)  Subsection 12 (4) of the Act is repealed and the following substituted:

Limitation

(4)  Subsection (1) applies to limit the powers of the City despite the inclusion of the words "without limiting sections 7 and 8" or any similar form of words in the specific provision.

Non-application of section

(5)  This section does not apply to a by-law under section 7 or 8,

(a) respecting fences and signs;

(b) requiring persons to clear away and remove snow and ice from land;

(c) requiring persons to remove debris from land they own or occupy or from other private or public land;

(d) requiring persons to cut and remove long grass and weeds, as defined in the by-law, from land they own or occupy or from highways abutting the land;

(e) prescribing standards to protect against entry into vacant buildings, as defined in the Building Code Act, 1992, or to detect and signal the presence of a person in a vacant building;

(f) authorizing front yard parking;

(g) requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property;

(h) providing for any project or undertaking designed to provide housing accommodation in the City, including any public space or recreational, institutional, commercial or industrial facilities or buildings that, in the opinion of the City, may be reasonably necessary for that purpose; or

(i) respecting such other matters as may be prescribed by the Minister of Municipal Affairs and Housing.

Exception

(6)  Clause (5) (h) does not apply so as to exempt the by-law described in that clause from the application of the Planning Act.

5.  (1)  Subsection 21 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Restriction re: delegation of legislative and quasi-judicial powers

(1)  Sections 7 and 8 do not authorize the City to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

. . . . .

(2)  Subsection 21 (2) of the Act is repealed and the following substituted:

Listed Acts

(2)  For the purpose of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the City and such other Acts as may be prescribed.

(3)  Subparagraph 3 ii of subsection 21 (5) of the Act is repealed and the following substituted:

ii. Paragraph 3 of section 308.

6.  (1)  Section 22 of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Powers that cannot be delegated

22.  Sections 7 and 8 do not authorize the City to delegate any of the following powers and duties:

. . . . .

(2)  Paragraphs 2 and 6 of section 22 of the Act are repealed and the following substituted:

2. The power to pass a by-law under section 267 and Parts XI, XII and XIII.

. . . . .

6. The power to pass a by-law in accordance with subsections 84 (1) and (2) and 252 (3), (6) and (7).

(3)  Section 22 of the Act is amended by adding the following subsection:

Exception

(2)  Nothing in subsection (1) prevents the City from delegating its administrative powers.

7.  Section 24 of the Act is repealed and the following substituted:

Delegation re hearings

Application

24.  (1)  This section applies when the City is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.

Delegation authorized

(2)  Despite subsections 21 (1) and (2), sections 7 and 8 authorize the City to delegate to a person or body described in subsection 21 (1) the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.

Rules re effect of delegation

(3)  If the City delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the City is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.

8.  (1)  Section 26 of the Act is amended by adding the following subsections:

Regulations

(4.1)  The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before section 90 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force.

Retroactive

(4.2)  A regulation under subsection (4.1) may be retroactive to a day not earlier than the day on which section 90 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force.

(2)  Subsection 26 (5) of the Act is amended by striking out "subsection (1) or (3)" and substituting "subsection (1), (3) or (4.1)".

9.  Subsection 39 (2) of the Act is repealed.

10.  The Act is amended by adding the following section:

Amount added to tax roll

51.1  (1)  If the City passes a by-law for leasing the untravelled portion of a highway to the owner or occupant of land abutting the highway, amounts payable pursuant to the lease may be added to the tax roll and collected in the same manner as municipal taxes.

Exception

(2)  Subsection (1) does not apply to an amount payable if it is a fee or charge to which section 264 applies.

11.  Section 59 of the Act is amended by adding "Despite section 15 and" at the beginning.

12.  The Act is amended by adding the following section:

Extra-territorial power

59.1  Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers in relation to airports within the City, in another municipality or in unorganized territory.

13.  The Act is amended by adding the following section:

Removal and impounding of vehicles, etc., in parks

74.1  (1)  Subject to subsection (2), this section applies if a by-law of the City has been passed for prohibiting the parking, standing, stopping or placing in a park under the jurisdiction of the City of any object or vehicle that is used to sell or display anything and that obstructs pedestrians, unless,

(a) the owner of the object or vehicle holds a valid permit issued by the City granting the exclusive use of a designated area within the park; and

(b) the by-law or another by-law of the City has designated the park or the area of the park as a removal zone.

Signs required

(2)  A by-law under subsection (1) is not effective in respect of a particular removal zone unless signs are erected to indicate the removal zone.

Enforcement

(3)  A police officer or municipal by-law enforcement officer or any person authorized by by-law to enforce a by-law under subsection (1) who has reason to believe that any object or vehicle is parked, standing, stopped or placed in a removal zone in contravention of the by-law may, if no valid permit issued under the by-law is produced upon request, cause the object or vehicle to be moved or taken to and placed or stored in a suitable place.

Costs

(4)  Subject to subsections (5) and (6), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon the object or vehicle which may be enforced by the City under the Repair and Storage Liens Act.

Proceeds to City

(5)  Any object or vehicle, other than a motor vehicle, removed and stored in accordance with subsection (3) and not claimed by the owner within 60 days is the property of the City and may be sold and the proceeds shall form part of the general funds of the City.

Perishables

(6)  Despite subsection (5), any perishable object or refreshment is the property of the City upon being moved from the removal zone in accordance with subsection (3) and at any time thereafter may be destroyed or given to a charitable institution.

Exception

(7)  Subsection (6) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.

14.  (1)  Paragraph 4 of subsection 86 (3) of the Act is repealed and the following substituted:

4. Pedestrian, vehicular or public safety or public health.

(2)  Subsection 86 (5) of the Act is repealed and the following substituted:

Application re system of licences

(5)  This section applies with necessary modifications to a system of licences with respect to any activity, matter or thing as if it were a system of licences with respect to a business.

15.  Section 88 of the Act is amended by striking out "Sections 85 to 96" at the beginning and substituting "Sections 7, 8 and 85 to 94".

16.  (1)  Subsection 91 (1) of the Act is repealed and the following substituted:

Reciprocal licensing arrangement

(1)  If the City and the police services board of the City agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police service board or another body performing a public function prescribed by the Minister, the City or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.

(2)  Subsection 91 (2) of the Act is amended by striking out "sections 85 to 96" and substituting "sections 7, 8 and 85 to 96".

17.  Subsection 94 (2) of the Act is amended by adding "both of" before "the following criteria" in the portion before paragraph 1.

18.  Subsection 97 (3) of the Act is amended by adding the following clause:

(a.1) liquor under the authority of a licence or permit issued under the Liquor Licence Act; and

19.  Subsection 104 (3) of the Act is amended by adding the following clause:

(c.1) the injuring or destruction of trees imposed under subsection 114 (10) as a condition to the approval of plans or drawings for a site plan control area;

20.  Subsection 105 (2) of Act is amended by adding the following clause:

(a.1) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area;

21.  The Act is amended by adding the following sections:

Power of entry re: dangerous trees

105.1  (1)  The City may enter on land, without notice to the owner, tenant or occupant of the land, to inspect a tree located on the land that, in the opinion of the City, is in a condition creating an immediate danger to persons or property.

Elimination of immediate danger

(2)  If, upon inspection under subsection (1) or under subsection 375 (1) in respect of a by-law described in subsection (3), a tree on the land appears, in the opinion of the City, to be in a condition creating an immediate danger to persons or property, the City may enter on the land after making reasonable efforts to notify the owner, tenant or occupant of the land and remove the tree or otherwise eliminate the condition creating the immediate danger.

Subject of by-law

(3)  A by-law for the purpose of subsection (2) is a by-law requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property.

Lien

(4)  Any amount spent by the City in doing what is authorized under subsection (2), together with interest at a rate to be determined by the City, is payable to the City and shall have priority lien status, and the certificate of the city clerk as to the amount is final.

Added to tax roll

(5)  The amount payable to the City may be added to the tax roll to be collected in one year or to be collected in instalments over a period of not more than five years.

General provision not applicable

(6)  Paragraphs 4 and 5 of subsection 375 (1) do not apply to the powers of entry under this section.

Registration of agreements respecting ravines

105.2  (1)  An agreement described in subsection (2) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

Same

(2)  Subsection (1) applies to an agreement that the City has entered into with the owner of land, under a City by-law, as a condition of a consent to destroy trees or other natural vegetation on a ravine, to excavate, grade or otherwise alter in elevation or contour any ravine or to provide facilities for and methods of disposal of storm, surface and waste water from any ravine and from any buildings or structures on the ravine and that deals with,

(a) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the land of the owner or the protection of adjoining lands; or

(b) grading or alteration in elevation or contour of the land of the owner and the provision of facilities for and methods of disposal of storm, surface and waste water from the land and from any building or structure on the land.

22.  (1)  The French version of subsection 108 (1) of the Act is amended by striking out ", ni avec les exigences" and substituting "et les exigences".

(2)  The French version of subsection 108 (2) of the Act is amended by striking out "adoptés en vertu du" and substituting "visés au".

23.  Section 110 of the Act is repealed and the following substituted:

Advertising devices

110.  (1)  A City by-law respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration.

Lien for costs and charges

(2)  All costs and charges incurred by the City for the removal, care and storage of an advertising device that is erected or displayed in contravention of a City by-law are a lien on the advertising device that may be enforced by the City under the Repair and Storage Liens Act.

Disposal costs

(3)  All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the City as a debt owed by the owner of the device.

24.  Section 112 of the Act is repealed.

25.  Section 113 of the Act is amended by adding the following subsection:

Same

(2.1)  The prescribed conditions referred to in subsection (2) may be made subject to such limitations as may be prescribed.

26.  The Act is amended by adding the following sections:

Notice or public meeting not required

113.1  Despite section 34 of the Planning Act, the City may amend by-laws passed under that section without giving notice to any person and without holding open houses, public meetings or public hearings if the effect of the amending by-law is only to set out the municipal addresses to which the original by-law applies.

Front yard parking

Definitions

113.2  (1)  In this section,

"front yard" means that portion of private property located between the front wall of a residential building on the property and the abutting public highway; ("cour avant")

"front yard parking" means the parking of a private passenger motor vehicle or motorcycle in a front yard. ("stationnement en cour avant")

Conflict between by-laws

(2)  Despite section 71 of the Planning Act, in the event of a conflict between a by-law passed under sections 7 and 8 authorizing front yard parking and a by-law passed under the Planning Act, or a predecessor of that Act, prohibiting front yard parking, the by-law passed under sections 7 and 8 prevails.

26.1  The Act is amended by adding the following section:

Development permit system

114.1  A regulation made under section 70.2 of the Planning Act may,

(a) vary, supplement or override section 113 or 114 of this Act or any by-law passed under either of those sections as necessary to establish a development permit system;

(b) authorize or require the City to pass a by-law to vary, supplement or override a by-law passed under section 113 or 114 as necessary to establish a development permit system;

(c) if the City has adopted or established a development permit system,

(i) exempt it from any provision of section 113 or 114 set out in the regulation,

(ii) prohibit it from passing a by-law under those provisions of section 113 or 114 that are specified in the regulation.

27.  (1)  Clause 115 (11) (a) of the Act is repealed and the following substituted:

(a) under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act; and

(2)  Subsection 115 (14) of the Act is repealed and the following substituted:

O.M.B to assume jurisdiction

(14)  If an appeal has been made to the appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal in respect of the same matter is filed under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act, the Ontario Municipal Board shall assume jurisdiction to hear the first-mentioned appeal.

(3)  Subsection 115 (22) of the Act is repealed and the following substituted:

Transition

(22)  This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (5) comes into force.

28.  (1)  This section applies only if Bill 51 (Planning and Conservation Land Statute Law Amendment Act, 2006), introduced on December 12, 2005, receives Royal Assent.

(2)  References in this section to a provision of Bill 51 are references to that provision as it was numbered in the first reading version of the Bill and, if Bill 51 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provision of Bill 51.

(3)  On the latest of the day subsection 22 (1) of Bill 51 comes into force, the day section 115 of the City of Toronto Act, 2006 comes into force and the day this section comes into force, section 115 of the Act is amended by adding the following subsection:

Saving

(9.1)  For greater certainty, the appeal body does not have the power to make determinations under subsection 53 (4.1) of the Planning Act.

29.  Section 119 of the Act is amended by adding the following subsection:

Definition

(3)  In this section,

"business" means business as defined in section 85.

29.1  The Act is amended by adding the following section:

Same

122.1  The Minister of Municipal Affairs and Housing may make regulations prescribing limitations for the purposes of subsection 113 (2.1).

30.  (1)  Subsection 129 (4) of the Act is amended by striking out "30 days" and substituting "90 days".

(2)  Subsection 129 (8) of the Act is amended by striking out "under section 128" at the end and substituting "by by-law described in section 128".

31.  Subsection 141 (4) of the Act is amended by striking out "three" and substituting "four".

32.  Section 143 of the Act is amended by adding the following subsection:

Restriction

(3)  A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.

33.  (1)  Subsection 145 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Restriction

(3)  Despite subsection (1), the City shall not, in accordance with that subsection, dissolve or change a local board which is,

. . . . .

(2)  The French versions of clauses 145 (3) (c) and (e) of the Act are repealed and the following substituted:

c) un comité de gestion constitué en application de la Loi sur les foyers pour personnes âgées et les maisons de repos;

. . . . .

e) une commission de services policiers établie en application de la Loi sur les services policiers;

34.  Section 147 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Dissolution, etc., of joint board

147.  If the City passes a by-law in accordance with subsection 145 (1) to dissolve or change a local board which is a local board of the City and one or more other municipalities,

. . . . .

35.  The French version of paragraph 5 of subsection 148 (1) of the Act is repealed and the following substituted:

5. Exercer un pouvoir en tant que détenteur d'une valeur mobilière prescrite d'une personne morale.

35.1  The Act is amended by adding the following section:

Additional regulation-making powers re corporations

154.1  (1)  For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing the corporations established under that section, including regulations providing that specified corporations are deemed to be local boards for the purposes of any provision of this Act or for the purposes of the definition of "municipality" in such other Acts as may be specified.

Saving

(2)  The power conferred by subsection (1) is in addition to the power conferred by section 154.

36.  The French version of section 167 of the Act is repealed and the following substituted:

Honoraires conditionnels interdits

167.  Sans préjudice de leur portée générale, les articles 7 et 8 autorisent la cité à interdire à la personne pour qui une autre personne entreprend d'exercer des pressions de verser un paiement à cet égard qui est en tout ou en partie subordonné au succès des pressions exercées.

37.  Subsection 181 (2) of the Act is repealed and the following substituted:

Same

(2)  Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required,

(a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or

(b) under the Criminal Code (Canada).

38.  (1)  Subsection 189 (1) of the Act is amended by striking out the portion before the definition of "committee" and substituting the following:

Procedure by-law

Definitions

189.  (1)  In this section and in sections 190 to 190.2,

. . . . .

(2)  Section 189 of the Act is amended by adding the following subsection:

Notice

(2.1)  The procedure by-law shall provide for public notice of meetings.

(3)  Subsection 189 (4) of the Act is amended by striking out "in a meeting of city council electronically" and substituting "electronically in a meeting of city council which is open to the public".

39.  (1)  Section 190 of the Act is amended by adding the following subsection:

Educational or training sessions

(3.1)  A meeting of the City council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

(2)  Clauses 190 (4) (a) and (b) of the Act are repealed and the following substituted:

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

(3)  Section 190 of the Act is amended by adding the following subsections:

Record of meeting

(8)  The City, a local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.

Same

(9)  The record required by subsection (8) shall be made by,

(a) the clerk, in the case of a meeting of the council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee.

Record may be disclosed

(10)  Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1).

40.  The Act is amended by adding the following sections:

Investigation

190.1  (1)  A person may request that an investigation of whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 190.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the City has not appointed an investigator referred to in subsection 190.2 (1).

Non-application

(2)  This section does not apply to a police services board or a public library board.

Investigator

190.2  (1)  Without limiting sections 7 and 8, those sections authorize the City to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.

Powers and duties

(2)  Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the City.

Matters to which City is to have regard

(2.1)  In appointing an investigator and in assigning powers and duties to him or her, the City shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same, investigator

(2.2)  In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (2.3).

Same

(2.3)  The matters referred to in subsections (2.1) and (2.2) are,

(a) the investigator's independence and impartiality;

(b) confidentiality with respect to the investigator's activities; and

(c) the credibility of the investigator's investigative process.

Delegation

(3)  An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part.

Same

(4)  An investigator may continue to exercise the delegated powers and duties, despite the delegation.

Status

(5)  An investigator is not required to be a city employee.

Application

(6)  Subsection 171 (3) and sections 172 to 176 apply with necessary modifications with respect to the exercise of functions described in this section.

Report and recommendations

(7)  If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 190 or to a procedure by-law under subsection 189 (2), the investigator shall report his or her opinion and the reasons for it to the City or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(8)  The City or local board shall ensure that reports received under subsection (7) by the City or local board, as the case may be, are made available to the public.

Non-application

(9)  This section does not apply to a police services board or a public library board.

41.  Paragraph 1 of subsection 203 (1) of the Act is repealed and the following substituted:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. a city employee,

ii. a person who is not a city employee but who is the clerk, treasurer, Integrity Commissioner, Auditor General or Ombudsman or registrar referred to in section 168 or an investigator referred to in subsection 190.2 (1) of the City, or

iii. a person who is not a city employee but who holds any administrative position of the City.

42.  Sections 228 and 229 of the Act are repealed and the following substituted:

Yearly budget

228.  (1)  For each year, the City shall in the year or the immediately preceding year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the City, including,

(a) amounts sufficient to pay all debts of the City falling due within the year;

(b) amounts required to be raised for sinking funds or retirement funds;

(c) amounts required for any board, commission or other body.

Exception

(2)  Despite subsection (1), a budget for a year immediately following a year in which a regular election is held may only be adopted in the year to which the budget applies.

Detail and form

(3)  The budget shall,

(a) set out the estimated revenues, including the amount the City intends to raise on all rateable property in the City by its general local municipality levy and on less than all the rateable property in the City by a special local municipality levy under section 277, and the estimated expenditures; and

(b) provide that the estimated revenues are equal to the estimated expenditures.

Allowance

(4)  In preparing the budget for a year, the City,

(a) shall treat any operating surplus of any previous year as revenue that will be available during the year;

(b) shall provide for any operating deficit of any previous year and for the cost of the collection of taxes and any abatement or discount of taxes;

(c) shall provide for taxes and other revenues that in the opinion of the treasurer are uncollectable and for which provision has not been previously made;

(d) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(e) may provide for such reserves as the City considers necessary.

Yearly budget from boards, etc.

(5)  Despite any other Act, for the purpose of preparing and adopting its budget for a year, the City may by by-law require that the year's budget of every board, commission or other body, other than a school board, for which the City is required by law to levy a tax or provide money, be submitted to the City on or before a date specified by the City and that the budget shall be in such detail and form as the by-law provides.

Definition

(6)  In this section,

"taxes" means taxes imposed under any Part of this Act.

Multi-year budget

229.  (1)  Despite section 228, the City may prepare and adopt a budget covering a period of two to five years in the first year to which the budget applies or in the year immediately preceding the first year to which the budget applies.

Exception

(2)  Despite subsection (1), if the first year of a multi-year budget immediately follows a year in which a regular election is held, the budget may only be adopted in the first year to which the budget applies.

First year

(3)  Except as provided in subsection (1), the provisions of the budget for the first year to which the multi-year budget applies shall comply with the requirements of section 228.

Other years, mandatory review of annual budget

(4)  For the second and each subsequent year to which a multi-year budget applies, the City shall, in the year or the immediately preceding year,

(a) review the budget for that year;

(b) make such changes as are required for the purpose of making the provisions of the budget for that year comply with the requirements of section 228, except clause 228 (4) (a); and

(c) readopt the budget for that year and for subsequent years to which the budget applies.

Exception

(5)  Despite subsection (4), if a year for which a budget is being reviewed and changed is a year immediately following a year in which a regular election is held, the budget may only be readopted in the year for which the budget is being reviewed and changed.

Power and duty not affected

(6)  Nothing in this section,

(a) limits the power of the City to amend or revoke a budget adopted or readopted under this section; or

(b) removes the obligation of the City to levy taxes in each year.

Deemed adoption

(7)  The budget for the first year of a multi-year budget adopted under subsection (1) and the budget for the first year of the remaining years in a multi-year budget readopted under subsection (4) is deemed, for the purposes of this and every other Act, to be the budget or estimates adopted for the year under section 228 and, before a budget is adopted or readopted for the year under this section, the City is deemed, for the purposes of this and every other Act, not to have adopted a budget or estimates for that year under section 228.

Submission of budgets of boards, etc.

(8)  Despite any other Act, for the purpose of adopting a multi-year budget for two or more years or readopting a multi-year budget for one or more remaining years, the City may by by-law require that a budget for the year or years of every board, commission or other body, other than a school board, for which the City is required by law to levy a tax or provide money, be submitted to the City on or before a date specified by the City and that the budget shall be in such detail and form as the by-law provides.

43.  The Act is amended by adding the following section:

Limitation on term

247.1  The term of a debt of the City or any debenture or other financial instrument for long-term borrowing issued for it shall not extend beyond the lifetime of the undertaking for which the debt was incurred and shall not exceed 40 years.

44.  The Act is amended by adding the following section:

Restrictions

248.1  (1)  After a debt has been contracted under a by-law, the City shall not, until the debt and interest have been paid,

(a) repeal the by-law or any by-law appropriating money from any source for the payment of the debt or the interest, including the surplus income from any work financed by the debt; or

(b) alter any by-law referred to in clause (a) so as to diminish the amount to be raised annually.

Repeal where only part of amount raised

(2)  If a debenture by-law authorizes the City to raise an amount but the amount realized from the sale or loan of the debentures is less than the amount authorized, the City may repeal the debenture by-law with respect to the unused debentures and with respect to any amount that would have been required to be raised annually to repay the unused debentures.

Repeal, surplus from other borrowing

(3)  Despite subsection (1), the City may repeal a debenture by-law or other by-law for long-term borrowing to reduce or eliminate the amount that would have been required to be raised annually to repay the debentures or other long-term borrowing, to the extent that an amount applied in accordance with subsection 248 (2) reduces or eliminates the requirements for repayment of principal and interest for the borrowing.

Repeal, sinking or retirement fund in surplus

(4)  Despite subsection (1), the City may repeal a debenture by-law or other by-law for long-term borrowing with respect to amounts that would have been required to be raised for a sinking or retirement fund, to the extent that the balance of the fund as audited by the city auditor, including any estimated revenue, is or will be sufficient to entirely repay the principal of the debt for which the fund was established on the date or dates the principal becomes due.

44.1  Section 249 of the Act is repealed and the following substituted:

Use of sinking and retirement funds

249.  (1)  No amount raised for a sinking or retirement fund of the City, including earnings or proceeds derived from the investment of those funds, shall be applied toward paying any part of the current or other expenditure of the City.

Exception, surplus

(2)  Despite subsection (1), if the balance of a sinking or retirement fund, including any estimated revenue, as audited by the city auditor is or will be sufficient to entirely repay the principal of the debt for which the fund was established on the date or dates the principal becomes due, the City may apply any surplus in the fund to one or both of the following purposes:

1. Repayment of the principal and interest of any other sinking or retirement fund.

2. Payment for any capital expenditure of the City.

Same

(3)  Any surplus that remains in the fund after the City makes payments in accordance with subsection (2) may be transferred to the general fund of the City.

45.  (1)  The French version of paragraph 2 of subsection 252 (1) of the Act is amended by adding "ou autre" after "financière".

(2)  Subsection 252 (6) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(3)  Subsection 252 (7) of the Act is repealed and the following substituted:

Development charges exemption

(7)  Despite the Development Charges Act, 1997, the City may exempt from the payment of all or part of the development charges imposed by the city under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by the City.

(4)  Subsection 252 (12) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(5)  Subsection 252 (13) of the Act is repealed and the following substituted:

Education development charges exemption

(13)  Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.

(6)  Subsection 252 (16) of the Act is repealed and the following substituted:

Effective date

(16)  A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date.

46.  (1)  Clause 257 (e) of the Act is amended by adding "or development charges exemptions under subsection 252 (7)" at the end.

(2)  Clause 257 (f) of the Act is amended by adding "or exemptions from education development charges under subsection 252 (13)" at the end.

47.  Section 258 of the Act is amended by adding the following definition:

"fee or charge" means, in relation to the City, a fee or charge imposed by the City under sections 7 and 8 and, in relation to a local board (extended definition), means a fee or charge imposed by the local board under subsection 259 (1.1); ("droits ou redevances")

48.  (1)  Subsection 259 (1) of the Act is repealed and the following substituted:

By-laws re fees and charges

(1)  Without limiting sections 7 and 8, those sections authorize the City to pass by-laws imposing fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

(c) for the use of its property including property under its control.

(2)  Section 259 of the Act is amended by adding the following subsection:

Local board

(1.1)  A local board (extended definition) of the City may impose fees or charges on persons,

(a) for services or activities provided or done by or on behalf of it;

(b) for costs payable by it for services or activities provided or done by or on behalf of any municipality or other local board (extended definition); and

(c) for the use of its property including property under its control.

(3)  Subsection 259 (3) of the Act is amended by striking out "Without limiting subsection (1)" at the beginning.

(4)  Subsection 259 (4) of the Act is amended by striking out "under subsection (1)".

(5)  Subsection 259 (5) of the Act is repealed and the following substituted:

Conflict

(5)  In the event of a conflict between a fee or charge by-law and this Act, other than this Part, or any other Act or a regulation made under any other Act, the by-law prevails.

49.  Section 260 of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

50.  Subsection 261 (1) of the Act is amended by striking out "No by-law under this Part" at the beginning and substituting "No fee or charge by-law".

51.  Section 262 of the Act is amended by striking out "in this Part" and substituting "in this Act".

52.  (1)  Subsection 264 (1) of the Act is amended by striking out "under this Part".

(2)  Subsection 264 (2) of the Act is amended by striking out "under this Part" in the portion before paragraph 1.

53.  (1)  Clause 266 (a) of the Act is amended by striking out "under this Part".

(2)  Clause 266 (b) of the Act is amended by striking out "under this Part" at the end and substituting "to impose fees or charges".

(3)  Clause 266 (g) of the Act is amended by striking out "under this Part".

54.  Clause (f) of the definition of "payment in lieu of taxes" in section 273 of the Act is repealed.

55.  The definitions of "payment in lieu of taxes" and "property class" in subsection 288 (1) of the Act are amended by striking out "section 311"and substituting "section 273".

56.  Clause (a) of the definition of "eligible property" in subsection 294 (19) of the Act is amended by striking out "subsection 291 (10)" and substituting "subsection 291 (9)".

56.1  Clause 306 (2) (a) of the Act is repealed and the following substituted:

(a) shall refund any overpayment to the owner of the land as shown on the tax roll on the date the adjustment is made; or

57.  (1)  Section 318 of the Act is amended by adding the following subsections:

Liens in favour of the Crown

(4.1)  Despite subsection (4), if on the day before the date of registration of a notice of vesting there are liens or other encumbrances registered against the title to the land in favour of the Crown in right of Ontario or any execution or warrant in favour of the Crown respecting the land appearing in the index of executions maintained by the sheriff for the area in which the land is situate and the City subsequently sells the land, the proceeds of the sale shall be distributed among the City, a body charged back under subsection (3) and the Crown in accordance with the following:

1. Subject to paragraph 2, calculate the total of,

i. the amount of unpaid taxes owing to the City,

ii. the amounts charged back under subsection (3), and

iii. the total amount outstanding under any liens or other encumbrances in favour of the Crown registered on the day before the notice of vesting is registered and any amount outstanding under any execution or warrant in favour of the Crown appearing in the index of executions maintained by the sheriff for the area in which the land is situate on the day before the notice of vesting is registered.

2. The amount under each of subparagraph 1 i, ii or iii is the lesser of,

i. the actual amount, and

ii. the assessed value of the land as shown on the last assessment roll returned for the year in which the sale of the land occurred.

3. Subject to paragraph 2, the percentage of the proceeds of the sale that the City is entitled to is determined by dividing the amount of unpaid taxes owing to the City as determined under subparagraph 1 i by the total calculated under paragraph 1.

4. Subject to paragraph 2, the percentage of the proceeds of the sale that a body charged back under subsection (3) is entitled to is determined by dividing the amount charged back under subsection (3) to that body as determined under subparagraph 1 ii by the total calculated under paragraph 1.

5. Subject to paragraph 2, the percentage of the proceeds of the sale that the Crown is entitled to is determined by dividing the amount determined under subparagraph 1 iii by the total calculated under paragraph 1.

Manner in which payment to be made

(4.2)  The proceeds of the sale payable to the Crown under subsection (4.1) shall be paid by the City to the Crown in the manner or in accordance with the process designated by the Minister.

(2)  Subsection 318 (6) of the Act is repealed and the following substituted:

Exception

(6)  Subsections (4), (4.1), (4.2) and (5) do not apply to land in respect of which a notice of vesting is registered under subsection 350 (5) if the cancellation price, as defined in subsection 343 (1), was less than $10,000 or if the sale occurs seven years or more after registration of the notice of vesting.

58.  Subsection 326 (13) of the Act is repealed and the following substituted:

Adjustment of tax roll

(13)  Immediately after a decision of council or the Assessment Review Board, the city treasurer shall adjust the tax roll to reflect any increase of taxes on the land made by the decision.

When tax payable

(13.1)  Once the tax roll is adjusted, the amount of the increase of taxes is deemed to have been always levied in accordance with the adjusted tax roll except the amount is not payable until 21 days after the day the city treasurer sends a tax bill to the taxpayer with respect to the amount.

Overcharges

(13.2)  If a decision of council under this section is appealed and the Assessment Review Board determines there is an overcharge of taxes on the land,

(a) the City shall refund the overpayment, if any; and

(b) subsections 310 (6) to (11) apply with necessary modifications to the overcharges.

59.  Subsection 329 (12) of the Act is repealed and the following substituted:

Definition

(12)  In this section,

"tax" includes,

(a) charges that are imposed under section 208 of the Municipal Act, 2001 by virtue of the operation of subsection 429 (2) of this Act, and

(b) fees and charges, other than charges described in clause (a), that are imposed under this Act and satisfy the conditions set out in paragraphs 1, 2 and 3 of subsection (13).

Same

(13)  The conditions referred to in clause (b) of the definition of "tax" in subsection (12) are:

1. The fees and charges are imposed to raise an amount for at least one of the following purposes:

i. Promotion of an area as a business or shopping area.

ii. Improvement, beautification and maintenance of City-owned land, buildings and structures in the area beyond that provided at the City's expense generally.

iii. Interest payable by the City on money it borrows for the purposes of subparagraph i or ii.

2. The fees and charges are imposed on owners of land that is included in the commercial or industrial classes within the meaning of subsection 275 (1).

3. The fees and charges have priority lien status and are added to the tax roll.

60.  (1)  Clause (a) of the definition of "development period" in subsection 333 (1) of the Act is amended by striking out "subsection (3)" and substituting "subsection (2)".

(2)  The definition of "rehabilitation period" in subsection 333 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

"rehabilitation period" means, with respect to an eligible property, the period of time starting on the date on which the by-law under subsection (2) providing tax assistance for the property is passed and ending on the earliest of,

. . . . .

(3)  The definition of "tax assistance" in subsection 333 (1) of the Act is repealed and the following substituted:

"tax assistance" means, with respect to an eligible property, the cancellation or deferral of taxes pursuant to a by-law passed under subsection (2). ("aide fiscale")

(4)  Subsections 333 (2) and (3) of the Act are repealed and the following substituted:

By-law to cancel taxes

(2)  Subject to subsection (7), the City may pass by-laws providing for the cancellation of all or a portion of the taxes for municipal and school purposes levied on one or more specified eligible properties, on such conditions as the City may determine, and a by-law may apply in respect of the rehabilitation period for a specified property, the development period for a specified property, or both.

(5)  Subsection 333 (4) of the Act is amended by striking out "or (3)" in the portion before clause (a).

(6)  Subsection 333 (6) of the Act is amended,

(a) by striking out "or (3)" in the portion before paragraph 1; and

(b) by adding the following paragraph:

5. Such other information as may be prescribed by the Minister of Finance.

(7)  Subsection 333 (7) of the Act is amended by striking out "or (3)".

(8)  Subsection 333 (8) of the Act is amended by striking out "or (3)".

(9)  Subsection 333 (10) of the Act is amended by striking out "for the property during the rehabilitation period of the property" at the end.

(10)  Subsections 333 (11), (12), (16) and (17) of the Act are repealed.

(11)  Subsection 333 (18) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Refund or credit

(18)  In providing tax assistance for an eligible property, the City may,

. . . . .

(12)  Subsections 333 (19) and (21) of the Act are repealed and the following substituted:

Tax roll

(19)  The treasurer of the City shall alter the tax roll to reflect the tax assistance provided for an eligible property.

. . . . .

Effect of repeal or amendment of by-law

(21)  The City may repeal or amend a by-law passed under subsection (2) with respect to a particular eligible property, but the repeal or amendment does not extinguish a right to tax assistance under the by-law unless the owner of the property consents in writing to the repeal or amendment.

(13)  Subsection 333 (22) of the Act is amended by striking out "or (3)" wherever it appears.

(14)  Subsection 333 (23) of the Act is amended by striking out "or (3)" at the end.

(15)  Subsection 333 (24) of the Act is repealed and the following substituted:

Regulations by Minister of Finance

(24)  The Minister of Finance may make regulations prescribing information for the purposes of paragraph 5 of subsection (6).

61.  (1)  Paragraph 2 of subsection 345 (1) of the Act is repealed and the following substituted:

2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions maintained by the sheriff for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 350 (7.1) (a) or (b).

(2)  Paragraph 3 of subsection 345 (1) of the Act is amended by striking out "clause 350 (7) (a) or (b)" at the end and substituting "clause 350 (7.1) (a) or (b).

62.  (1)  Section 350 of the Act is amended by adding the following subsection:

Public auction or public tender

(2.1)  If the land is offered for public sale, the minimum bid or minimum tender amount, as the case may be, shall be the cancellation price.

(2)  Subsection 350 (7) of the Act is amended,

(a) by striking out the portion before clause (a) and substituting the following:

Effect of conveyance

(7)  A tax deed, when registered, vests in the person named in it an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, except,

. . . . .

(b) by striking out "or notice of vesting" at the end of clause (c).

(3)  Section 350 of the Act is amended by adding the following subsection:

Effect of registration of notice of vesting

(7.1)  Despite subsection 3.6.1 (2) of the Fuel Tax Act, subsection 18 (2) of the Gasoline Tax Act, subsection 22 (2) of the Retail Sales Tax Act and subsection 24.1 (2) of the Tobacco Tax Act, a notice of vesting, when registered, vests in the City an estate in fee simple in the land, together with all rights, privileges and appurtenances and free from all estates and interests, including all estates and interests of the Crown in right of Ontario, except,

(a) easements and restrictive covenants that run with the land, including those for the benefit of the Crown in right of Ontario;

(b) any estates and interests of the Crown in right of Canada; and

(c) any interest or title acquired by adverse possession by abutting landowners, including the Crown in right of Ontario, before registration of the notice of vesting.

(4)  Subsection 350 (15) of the Act is amended by striking out "one year" and substituting "two years".

63.  The Act is amended by adding the following section:

No successful purchaser

351.1  (1)  If the treasurer conducts a public sale and there is no successful purchaser, the treasurer may, within two years after the date of the public sale, offer the land for public sale by public auction or public tender, as the treasurer decides, a second time in accordance with the prescribed rules.

Notice

(2)  At least 30 days before the land is readvertised for public sale, the treasurer shall send to the persons entitled to receive notice under subsection 350 (1), a notice that the land will be readvertised for public sale.

Application of provisions

(3)  Subsection 350 (2) and sections 351 to 357 apply with necessary modifications to the sale as if it were the first public sale.

Non-application

(4)  This section does not apply to land if a notice of vesting was registered in respect of the land following the first public sale.

64.  Subsection 358 (1) of the Act is amended by striking out "12 months" and substituting "24 months".

65.  (1)  Subsection 364 (3) of the Act is amended by adding "as it read during the period between January 1, 2003 and January 1, 2004" after " Municipal Act, 2001 ".

(2)  Subsection 364 (5) of the Act is amended by striking out "subject only to" in the portion before clause (a) and substituting "except".

66.  The Act is amended by adding the following sections:

Offences re ozone depleting substances

371.1  (1)  If a corporation is convicted of an offence under a by-law described in subsection (2), every director or officer of the corporation who knowingly concurred in the contravention of the by-law is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year.

Substance of by-law

(2)  A by-law for the purpose of subsection (1) is a by-law for regulating the disposal of ozone depleting substances and for regulating the testing, servicing and repair of products, materials and equipment containing or manufactured using ozone depleting substances.

Penalty

(3)  The penalty provided for in subsection (1) may be imposed in addition to or instead of any fine that may be imposed.

Deemed by-law re ozone depleting substances

371.2  (1)  On the day section 371.1 comes into force, the City is deemed to have passed a by-law under sections 366 and 370 providing that,

(a) a person who contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $5,000;

(b) a corporation that contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $50,000; and

(c) a director or officer of a corporation who knowingly concurs in the contravention of a by-law described in subsection 371.1 (2) by the corporation is guilty of an offence and subject to a fine not exceeding $10,000.

Power of City

(2)  The City may amend or repeal the deemed by-law.

67.  The French version of section 372 of the Act is amended by striking out "des recours et des sanctions prévus" in the portion before clause (a) and substituting "de tout autre recours et de toute sanction prévue".

68.  (1)  Paragraph 4 of subsection 375 (1) of the Act is amended by striking out "or" at the end of subparagraph 4 ii, by adding "or" at the end of subparagraph 4 iii and by adding the following subparagraph:

iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person.

(2)  Paragraph 5 of subsection 375 (1) of the Act is repealed and the following substituted:

5. The City shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry,

i. is under section 386, or

ii. is under Part XIV if, under that Part, the treasurer registers a notice of vesting, in the name of the City, in respect of the land.

(3)  Subsection 375 (2) of the Act is amended by striking out "this Act" in the portion before paragraph 1 and substituting "subsection (1)".

69.  Subsection 376 (1) of the Act is amended by adding the following paragraph:

4. An order made under section 372.

70.  Section 377 of the Act is amended,

(a) by striking out "section 379" at the end of clause (a) and substituting "section 360 or 379"; and

(b) by adding the following clause:

(c.1) a warrant issued under section 360 is obtained;

71.  (1)  The French version of subsection 378 (2) of the Act is amended by striking out "et afin d'exercer" in the portion before clause (a) and substituting "et à exercer".

(2)  Section 378 of the Act is amended by adding the following subsection:

Application

(8)  Subsections 376 (3) to (6) apply with necessary modifications to an inspection authorized by an order under this section.

72.  The French version of subsection 379 (2) of the Act is amended by striking out "qui donnent des motifs raisonnables de croire qu'elles fourniront" and substituting "dont on a des motifs raisonnables de croire qu'ils fourniront".

73.  The French version of section 380 of the Act is amended by striking out "des recours et des sanctions prévus" and substituting "de tout autre recours et de toute sanction prévue".

74.  The Act is amended by adding the following sections:

Inspection of buildings containing marijuana grow operations

388.1  (1)  If the clerk of the City is notified in writing by a police force that a building located on land in the City contained a marijuana grow operation, the City shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.

Persons who may conduct inspection

(2)  An inspection referred to in subsection (1) may be conducted by,

(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or

(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

Nature of inspection

(3)  The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.

Powers to conduct inspection

(4)  The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.

Action to be taken

(5)  Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.

Definition

(6)  In this section,

"police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.

Co-ordination of enforcement

388.2  (1)  Without limiting sections 7 and 8, those sections authorize the City to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.

Other matters not affected

(2)  Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.

75.  The Act is amended by adding the following section:

Exemption from liability, calming measures

392.1  (1)  Despite any Act, if a by-law of the City described in subsection (2) is in effect, no liability attaches to the City by reason of the passing of the by-law or anything done in accordance with it.

Calming measures by-law

(2)  A by-law for the purpose of subsection (1) is a by-law that,

(a) designates a highway or portion of a highway under the jurisdiction of the City as a speed control zone;

(b) authorizes the installation of devices in any part of the highway in a speed control zone so as to alter the surface of the highway;

(c) permits or requires that signs identifying a speed control zone be posted; and

(d) contains a description of the devices that are authorized for installation, the signs permitted or required to be posted and the placement of signs identifying a speed control zone.

No exemption from negligence

(3)  Despite subsection (1), nothing in this section relieves the City from liability for negligence.

76.  The Act is amended by adding the following section:

North York Performing Arts Centre Corporation

North York Performing Arts Centre Corporation

Definitions

411.1  (1)  In this section,

"arts centre" means any land, building, fixtures and undertakings owned or available to or used by the corporation and located within the part of the City that on December 31, 1997 constituted the City of North York; ("centre des arts")

"corporation" means the North York Performing Arts Centre Corporation continued under subsection (2). ("société")

Continuation of corporation

(2)  The North York Performing Arts Centre Corporation is continued as a city board.

Application of provisions

(3)  Sections 426 and 428 apply with necessary modifications to the corporation and its board of directors.

Not-for-profit corporation

(4)  The corporation shall be carried on without the purpose of gain and any income or other accretions to the corporation shall be used in promoting its objects.

Objects

(5)  The objects of the corporation are, for charitable purposes, to maintain, operate and manage the arts centre for the benefit of the public and, without limiting these general objects,

(a) to provide facilities and services for the performing arts, the fine arts and other charitable and cultural activities;

(b) to establish educational facilities and provide instruction in all areas of the arts;

(c) to provide facilities and services for holding receptions, meetings, conferences, conventions, exhibitions and displays;

(d) to operate an art gallery, gift shop, theatre, music hall, studio theatre, concert hall, ballroom, film, television or recording studio, refreshment stands and restaurants;

(e) to promote the advancement of the performing and fine arts;

(f) to present, produce, manage and conduct performances of the performing arts, including plays, dramas, comedies, revues, operas, concerts, musicals, television shows, video tapes, sound recordings, films, variety, ballets, shows and other artistic undertakings;

(g) to promote and market the arts centre;

(h) to oversee, arrange or contract for and supervise the design, construction and promotion of any building or structure for the arts centre.

Claims, etc.

(6)  Subject to any agreement of the City to the contrary, all claims, demands or causes of action arising from or relating to the objects of the corporation shall be made upon or brought against the corporation and not upon or against the City.

Activities deemed not to be undertaking

(7)  Except to the extent that a regulation under clause 39 (g) of the Environmental Assessment Act designates an enterprise or activity of the corporation or of the City related to the corporation as an undertaking to which that Act applies,

(a) the enterprises, proposals, plans, activities or programs of the corporation are deemed not to be an undertaking to which the Environmental Assessment Act applies; and

(b) this subsection is deemed to be a regulation under clause 39 (f) of the Environmental Assessment Act.

77.  (1)  This section applies only if Bill 14 ( Access to Justice Act, 2006 ), introduced on October 27, 2005, receives Royal Assent.

(2)  References in this section to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 14.

(3)  Subsections (4) and (5) apply only if section 130 of Schedule F to Bill 14 comes into force before subsections 419 (2) and (3), respectively, of the City of Toronto Act, 2006 come into force.

(4)  If section 130 of Schedule F to Bill 14 comes into force before subsection 419 (2) of the City of Toronto Act, 2006 comes into force, subsection 419 (2) of the Act is amended by striking out "for the purposes of subsection 14 (2) of the Interpretation Act, to constitute the substitution of the provision of this Act for the corresponding provision of that Act" and substituting "for the purposes of section 46 of the Legislation Act, 2006, to constitute the replacement of the provision of that Act by the corresponding provision of this Act".

(5)  If section 130 of Schedule F to Bill 14 comes into force before subsection 419 (3) of the City of Toronto Act, 2006 comes into force, subsection 419 (3) of the Act is amended by striking out "for the purposes of section 15 of the Interpretation Act, to constitute a re-enactment of the Municipal Act, 2001 in relation to the City" at the end and substituting "for the purposes of sections 45 and 46 of the Legislation Act, 2006, to constitute the repeal and replacement of the Municipal Act, 2001 in relation to the City".

78.  The Act is amended by adding the following sections:

By-laws under private Acts continued under this Act

419.1  (1)  This section applies with respect to provisions of this Act for which there were corresponding provisions in a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

Powers not limited

(2)  Nothing in the provisions described in subsection (1) limits the powers of the City under sections 7 and 8 and the powers mentioned in subsection 6 (2) are deemed to include powers under a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

Interpretation

(3)  A provision of this Act described in subsection (1) is deemed to be a substitute for or replacement of the corresponding provision in the private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

. . . . .

Temporary authority for by-laws, etc.

420.1  (1)  If, as a result of the repeal of a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006, the City no longer has the authority to pass a by-law or resolution that was in force immediately before the repeal, despite the absence of authority,

(a) the by-law or resolution continues in force until its repeal, expiration or January 1, 2010, whichever occurs first; and

(b) the authority, as it read immediately before its repeal, continues to apply to the by-law or resolution passed under it before its repeal.

Restrictions

(2)  A by-law or resolution described in subsection (1) cannot be amended.

Effect

(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 the City.

Deemed by-law re powers and duties

420.2  (1)  This section applies if a person or body, other than a city board, ceases to be authorized to exercise powers or perform duties on behalf of, or in relation to, the City by virtue of the coming into force of any provision of,

(a) the Stronger City of Toronto for a Stronger Ontario Act, 2006; or

(b) Schedule B to the Municipal Statute Law Amendment Act, 2006.

Same

(2)  On the day on which the applicable provision comes into force, the City is deemed to have passed any by-law necessary under this Act to give the person or body any power or duty,

(a) that the City is capable of giving to the person or body under this Act; and

(b) that the person or body was authorized to exercise or perform, on behalf of or in relation to the City, immediately before that day.

Same

(3)  If the deemed by-law is a delegation by-law, it is also deemed to provide that both the City and the delegate can exercise the delegated powers.

Amend or repeal

(4)  The City may amend or repeal the deemed by-law.

79.  Section 423 of the Act is repealed.

80.  Section 425 of the Act is amended by striking out "and 474.10" and substituting "474.10 and 474.10.1".

81.  The Act is amended by adding the following sections:

Transition, 2007 tax year

425.1  In Parts XII and XIII, a reference to a provision of this Act is deemed to be a reference to the corresponding provision of the Municipal Act, 2001, if the context requires it.

Adjustments

425.2  For the purpose of Part XIII, adjustments made after 2006 that relate to amounts payable but not paid before 2007 under the Municipal Act, 2001 or that relate to overpayments made before 2007 under that Act shall be charged or credited under this Act as if the amounts had been payable or overpayments made under this Act.

82.  Section 429 of the Act is amended by adding the following subsection:

Deemed local board

(3)  A board continued by subsection (1) is deemed to be a local board of the City for all purposes.

83.  (1)  Subsection 430 (1) of the Act is amended by adding "or Schedule B to the Municipal Statute Law Amendment Act, 2006" at the end.

(2)  Subsection 430 (2) of the Act is amended by adding "or Schedule B to the Municipal Statute Law Amendment Act, 2006" after "2006".

84.  Subsection 432 (1) of the Act is amended by adding the following clause:

(e) to deal with problems or issues arising as a result of the repeal of a private Act described in Table 1 of Schedule B to the Municipal Statute Law Amendment Act, 2006.

85.  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 440 of the City of Toronto Act, 2006 comes into force, section 440 of the Act is amended by striking out "the Ontario Municipal Employees Retirement System Act does not apply in respect of the person" at the end and substituting "the Ontario Municipal Employees Retirement System Act, 2006 does not apply in respect of the person".

86.  (1)  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 441 of the City of Toronto Act, 2006 comes into force, subsection 441 (1) of the Act is amended by striking out "section 9 of the Ontario Municipal Employees Retirement System Act" and substituting "section 7 of the Ontario Municipal Employees Retirement System Act, 2006".

(2)  On the later of the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force and the day section 441 of the City of Toronto Act, 2006 comes into force, subsection 441 (2) of the Act is amended by striking out "The Ontario Municipal Employees Retirement System Act" at the beginning and substituting "The Ontario Municipal Employees Retirement System Act, 2006".

87.  The Act is amended by adding the following section:

Persons administering certain pension funds

443.1  (1)  This section applies to a person who is a member of a pension committee, as defined in the Pension Benefits Act, which is the administrator of,

(a) the Toronto Fire Department Superannuation and Benefit Fund; or

(b) The Toronto Civic Employees Pension and Benefit Fund.

Indemnification

(2)  The City shall indemnify any person from losses, costs, damages or expenses arising out of or connected with the person's status as a member of a pension committee referred to in subsection (1) and shall defend the person in respect of any claim related thereto, but the City shall not indemnify a person if the losses, costs, damages or expenses are due to the person's fraud or deliberate breach of trust.

Alternate member

(3)  For the purposes of this section, a person who is an alternate member of a pension committee is also a member of the committee.

88.  Section 444 of the Act is repealed.

88.1  Clause 451 (3) (a) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

89.  The Act is amended by adding the following sections:

Social housing programs

Definition

453.1  (1)  In this section,

"social housing program" means a program or project that,

(a) is entirely owned or operated by or is leased to and operated by a non-profit housing co-operative as defined in the Co-operative Corporations Act or a non-profit corporation as defined in the National Housing Act (Canada) and that, in the opinion of the City, is designed to provide housing accommodation primarily for persons with low to moderate incomes, at a charge not exceeding the greater of,

(i) the amount required to finance, operate and maintain such accommodation without profit, and

(ii) the amount required to be charged for such accommodation under the terms of an agreement respecting the financing of the accommodation where one party is the provincial or federal government or an agent of either, or

(b) provides housing accommodation that is owned and operated by or on behalf of Toronto Housing Company Inc. or Toronto Community Housing Corporation.

Zoning densities

(2)  Without limiting section 113, in a by-law passed under section 34 of the Planning Act, the City may, in addition to establishing densities under the authority of that section, establish one or more residential densities of development applicable to any land in respect of which the owner of the land and the operator of the housing accommodation, if different from the owner, agree with the City to provide all or such proportion as specified in the by-law of the housing accommodation located or to be located on the land, for the purpose of a social housing program.

Agreements

(3)  The City may require an owner and an operator, if different from the owner, to enter into one or more agreements respecting the provision of social housing accommodation referred to in subsection (2).

Registration of agreement

(4)  An agreement under subsection (3) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

Validity of agreement

(5)  An agreement made under subsection (3) is not invalid by reason only of the failure to specify particulars of a social housing program.

Consent required

(6)  If an agreement has been registered under subsection (4), no person shall, during the term of the agreement in respect of any unit of housing accommodation that is part of a social housing program, without the written consent of the City,

(a) convey the unit, by way of deed or transfer, or grant, assign or exercise a power of appointment with respect to the unit;

(b) mortgage or charge the unit or enter into an agreement of purchase and sale respecting the unit; or

(c) enter into an agreement that has the effect of granting the use of or right in the unit directly or by entitlement to renewal for a period of 21 years or more.

Effect of lack of consent

(7)  If an agreement has been registered under subsection (4), an agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of subsection (6), does not create or convey any interest in the unit.

Restriction

(8)  If notice of an agreement has been registered against land to which the Land Titles Act applies under subsection (4), the City shall apply to the land registrar to have an entry made on the register that, unless the City has given its consent,

(a) no transfer shall be made or charge created;

(b) no notice of agreement of sale and purchase shall be registered; and

(c) no lease or notice of lease having the effect of granting the use of or right in land directly or by entitlement to renewal for a period of 21 years or more shall be registered.

Certificate of clerk

(9)  If a written consent under subsection (6) has been given by the City, the city clerk shall provide a certificate, in registrable form, to the person obtaining the consent stating that the written consent of the City has been obtained and the certificate is conclusive evidence that the consent was given and that the provisions of this section leading to the consent have been complied with and, after the certificate has been given, no action may be maintained to question the validity of the consent and the certificate may be registered in the proper land registry office.

Validity of by-laws restricting occupancy

(10)  A by-law passed by the City that implements subsection (2) is not invalid by reason only that the effect of it is to restrict occupancy of housing accommodation to such persons or classes of persons as are set out in the by-law.

Offence

(11)  A by-law that implements subsection (2) may provide that any person entering into an agreement under subsection (3) who fails to provide the proportion or number of units for such period of time as may be specified in the agreement for the purposes of a social housing program is guilty of an offence and upon conviction is liable to a fine of not more than $10,000.

Damages

(12)  In addition to the penalty set out in subsection (11), every owner who contravenes the agreement is liable for damages payable to the City in an amount equal to the difference between the charge that should have been made for the housing accommodation under the agreement and the actual charge made for the housing accommodation for the period of time that the owner or operator has contravened the agreement and the damages may be recovered as a debt due to the City.

Contents of agreement

(13)  Subsections (6), (7) and (8) do not apply to an agreement unless those subsections are set out in the agreement.

Exemptions or reductions

(14)  In a by-law passed under section 34 of the Planning Act that implements subsection (2), the City may give exemptions or reductions, or both, from the zoning provisions and standards otherwise applicable to similar forms of housing accommodation that are not part of a social housing program.

No appeal

(15)  Despite subsection 34 (11) of the Planning Act, a person may not appeal to the Ontario Municipal Board in respect of all or any part of a requested amendment to a City by-law passed under section 34 of that Act if the amendment or part of the amendment proposes to establish one or more residential densities of development authorized by subsection (2).

Agreement with owner

(16)  The City may enter into an agreement with the owner of land proposing a development on the land that is to contain housing accommodation for the purposes of a social housing program but for which no by-law under section 34 of the Planning Act prescribing the matters set out in subsection (2) is required and the agreement may contain provisions respecting the maintenance of the accommodation and such other terms as are agreed between the owner and the City and subsections (4), (5), (6), (7), (8), (9) and (13) apply to the agreement.

Old references

(17)  A reference in a by-law passed by the City before May 24, 1988 to "assisted housing", "assisted housing program" or an "owner of land who has entered an agreement under section 5 of The City of Toronto Act, 1975 (No. 2)" is deemed to be a reference to "social housing", "social housing program" and an "owner of land and operator of the housing accommodation if different from the owner", respectively.

Continuation of by-laws, agreements

(18)  A by-law referred to in subsection 5 (2) of The City of Toronto Act, 1975 (No. 2), being chapter 117, and any agreement entered into under subsection 5 (3) of that Act before May 24, 1988, continues in force until repealed or revoked by the City.

Continuation of existing by-laws, agreements re: assisted housing

453.2  Despite the repeal of section 3 of The City of Toronto Act, 1979, being chapter 142, by section 90 of Schedule B to the Municipal Statute Law Amendment Act, 2006, a by-law passed under section 3 and an agreement entered into under the by-law remain in force and subsection 3 (3) of The City of Toronto Act, 1979 continues to apply to the agreement as if section 3 had not been repealed.

Repeals

90.  The private Acts or provisions of private Acts described in Table 1 to this Schedule are repealed.

Commencement

91.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 90 come into force on a day to be named by proclamation of the Lieutenant Governor.

______________

TABLE 1 / TABLEAU 1
REPEALED PRIVATE ACTS OR PARTS THEREOF / LOIS OU PARTIES DE LOIS D'INTÉRÊT PRIVÉ ABROGÉES

Annual Statutes Volume

Volume annuel des lois

Chapter Number

Numéro de chapitre

Provisions of Act

repealed
Dispositions abrogées

Title of Act

Titre de la loi

1871-72

77

All/ La totalité

An Act to amend the Municipal Institutions Act of Upper Canada, so far as the same relates to the Corporation of the City of Toronto

1871-72

79

All/ La totalité

An Act to authorize the Corporation of the City of Toronto to construct Water Works in the City of Toronto

1874

75

All/La totalité

An Act to amend the Act passed in the Thirty-fifth year of Her Majesty's reign, chaptered seventy-nine, intituled "An Act to authorize the Corporation of the City of Toronto to construct Water Works in the City of Toronto"

1875-76

64

All/La totalité

An Act to amend the Acts relating to the Toronto Water Works

1878

41

All/La totalité

An Act respecting the city of Toronto, and Toronto Water Works

1884

59

All/ La totalité

An Act respecting the City of Toronto

1885

73

All/ La totalité

An Act respecting the City of Toronto

1888

47

All/ La totalité

An Act respecting the Incorporation of the Village of East Toronto

1892

78

All/ La totalité

An Act to confirm By-laws Numbers 76 and 77 of the Town of North Toronto, and for other purposes

1898

54

All/ La totalité

An Act respecting the City of Toronto

1900

68

All/ La totalité

An Act to incorporate the Town of East Toronto

1904

47

All/La totalité

An Act respecting the Town of East Toronto

1907

95

All/La totalité

An Act respecting the City of Toronto

1908

79

All/La totalité

An Act respecting the Town of East Toronto

1909

105

All/La totalité

An Act respecting the Township of Etobicoke

1909

114

All/La totalité

An Act respecting the Town of North Toronto

1912

126

All/La totalité

An Act respecting the City of Toronto

1915

80

All/La totalité

An Act respecting the Township of York

1916

96

All/La totalité

An Act respecting the City of Toronto

1916

100

All/La totalité

An Act respecting the Township of York

1917

77

All/La totalité

An Act to incorporate the Town of Mimico

1919

114

All/La totalité

An Act respecting the Township of York

1923

88

All/La totalité

The Township of Scarborough Act, 1923

1924

95

All/La totalité

The Township of Etobicoke Act, 1924

1924

138

All/La totalité

The Township of East York Act, 1924

1924

140

All/La totalité

The Township of York Act, 1924

1925

86

All/La totalité

The Township of Etobicoke Act, 1925

1926

107

All/La totalité

The Township of North York Act, 1926

1928

82

All/La totalité

The Township of Scarborough Act, 1928

1930

90

All/La totalité

The Township of North York Act, 1930

1932

89

All/La totalité

The Township of Scarborough Act, 1932

1932

96

All/La totalité

The Township of York Act, 1932

1935

99

All/La totalité

The County of York Act, 1935

1937

106

All/La totalité

The County of York Act, 1937

1939

73

All/La totalité

The City of Toronto Act, 1939

1941

81

All/La totalité

The City of Toronto Act, 1941

1946

146

All/La totalité

The Township of York Act, 1946

1947

142

All/La totalité

The City of Toronto Act, 1947

1950

116

All/La totalité

The City of Toronto Act, 1950

1953

120

All/La totalité

The Township of North York Act, 1953

1956

103

All/La totalité

The Township of Etobicoke Act, 1956

1960

170

All/La totalité

The City of Toronto Act, 1960

1961-62

171

All/La totalité

The City of Toronto Act, 1961-62

1966

178

All/La totalité

The Township of North York Act, 1966

1967

114

All/La totalité

The Borough of Etobicoke Act, 1967

1968

176

4

The City of Toronto Act, 1968

1973

213

All/La totalité

The City of Toronto Act, 1973

1975

117

6

The City of Toronto Act, 1975 (No. 2)

1976

105

3

The City of Toronto Act, 1976

1976

111

All/La totalité

The Borough of York Act, 1976

1977

95

1 (a)

The Borough of North York Act, 1977

1977

104

All/La totalité

The Borough of Scarborough Act, 1977

1979

142

3

The City of Toronto Act, 1979

1980

117

All/La totalité

The City of North York Act, 1980

1980

126

All/La totalité

The City of Toronto Act, 1980

1981

103

4, 6

City of Toronto Act, 1981

1983

Pr12

All/La totalité

Borough of East York Act, 1983

1983

Pr30

8

City of Toronto Act, 1983 (No. 2)

1985

Pr22

13

City of Toronto Act, 1985

1986

Pr27

All/La totalité

City of Scarborough Act, 1986

1987

Pr3

All/La totalité

City of Toronto Act, 1987

1988

Pr24

All/La totalité

City of North York Act, 1988

1988

Pr29

2, 5

City of Toronto Act, 1988 (No. 2)

1988

Pr45

All/La totalité

City of North York Act, 1988 (No. 2)

1989

Pr34

All/La totalité

City of Toronto Act, 1989 (No. 2)

1989

Pr42

All/La totalité

City of Etobicoke Act, 1989

1990

Pr11

All/La totalité

City of Toronto Act, 1990

1990

Pr12

All/La totalité

City of Toronto Act, 1990 (No. 2)

1991

Pr6

All/La totalité

City of North York Act, 1991

1991

Pr10

All/La totalité

City of Toronto Act, 1991

1991

Pr11

All/La totalité

City of Toronto Act, 1991 (No. 2)

1991

Pr22

All/La totalité

City of North York Act, 1991 (No. 2)

1992

Pr22

All/La totalité

City of Toronto Act, 1992

1992

Pr25

All/La totalité

City of Toronto Act, 1992 (No. 2)

1992

Pr54

All/La totalité

City of York Act, 1992

1993

Pr24

All/La totalité

City of North York Act, 1993

1993

Pr46

All/La totalité

City of Toronto Act, 1993 (No. 4)

1994

Pr56

All/La totalité

City of York Act, 1994

SCHEDULE C
AMENDMENTS CONSEQUENTIAL TO THE ENACTMENT OF THE CITY OF TORONTO ACT, 2006

1.  Clause 29 (5) (c) of the Accessibility for Ontarians with Disabilities Act, 2005 is amended by adding "or section 252 of the City of Toronto Act, 2006" at the end.

2.  (1)  The definition of "tax roll" in section 1 of the Assessment Act is repealed and the following substituted:

"tax roll" means a tax roll prepared in accordance with the Municipal Act, 2001 or the City of Toronto Act, 2006; (rôle d'imposition)

(2)  Subclause 2 (2) (d.5) (ii) of the Act is repealed and the following substituted:

(ii) continuing the application of section 323 of the Municipal Act, 2001 or section 285 of the City of Toronto Act, 2006 with respect to the hospital and prescribing a limit on the annual amount levied under those sections that is different from the limit under subsection 323 (3) of the Municipal Act, 2001 or under subsection 285 (3) of the City of Toronto Act, 2006, respectively;

(3)  Paragraph 29 of subsection 3 (1) of the Act is amended striking out "subsection 315 (1) of the Municipal Act, 2001" and substituting "subsection 315 (4) of the Municipal Act, 2001 or subsection 280 (2) of the City of Toronto Act, 2006".

(4)  Section 3 of the Act is amended by adding the following subsection:

City of Toronto

(5)  The following apply to land described in subsection 280 (1) of the City of Toronto Act, 2006:

1. The land is liable to taxation but only as provided under section 280 of the City of Toronto Act, 2006 or Division B of Part IX of the Education Act.

2. No assessed value or classification is required for the land.

(5)  Subsection 8 (2) of the Act is amended by striking out "incorporated by the City of Toronto Act, 1997" at the end.

(6)  Subsection 17.3 (3) of the Act is repealed and the following substituted:

Applies only to commercial and industrial

(3)  A regulation under subsection (1) may apply only to the commercial classes and industrial classes, both within the meaning of subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006.

(7)  Subsection 27 (14) of the Act is repealed and the following substituted:

Collection of payments

(14)  The provisions relating to the collection of taxes in the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and in this Act apply with necessary modifications to the payments required to be made by a commission under this section.

(8)  Subsection 27.1 (6) of the Act is amended by striking out " Municipal Act " and substituting " City of Toronto Act, 2006 ".

(9)  Subsection 27.2 (3) of the Act is repealed and the following substituted:

Collection of payments

(3)  The provisions relating to the collection of taxes in the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and in this Act apply with necessary modifications to the payments required under this section.

3.  (1)  Subsection 8 (7) of the Building Code Act, 1992 is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 15.4 (4) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(3)  Subsection 15.6 (7) of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(4)  Subsection 15.7 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(5)  Subsection 15.9 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(6)  Subsection 15.10 (10) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(7)  Subsection 17.1 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

4.  Section 13 of the Bulk Sales Act is repealed and the following substituted:

Municipal rights preserved

13.  Nothing in this Act affects the rights of any municipality under the Assessment Act, Parts VIII, IX and X of the Municipal Act, 2001 or Parts X, XI, XII and XIII of the City of Toronto Act, 2006.

5.  Section 61 of the Capital Investment Plan Act, 1993 is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

6.  Subsection 18 (2) of the Commercial Tenancies Act is repealed and the following substituted:

Re-entry on conviction of tenant, disorderly house

(2)  Every such demise shall be deemed to include an agreement that if the tenant or any other person is convicted of keeping a disorderly house within the meaning of the Criminal Code (Canada) on the demised premises or any part of it, or carries on or engages in, on the demised premises or any part of it, any trade, calling, business or occupation for which a licence is required under a business licensing by-law, as defined in subsection 1 (1) of the Municipal Act, 2001 or a by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006, as the case may be, without that licence, it is lawful for the landlord at any time thereafter to re-enter into the demised premises or any part of it and to have again, repossess and enjoy the same as of the landlord's former estate.

7.  Clause 86 (1) (b) of the Condominium Act, 1998 is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

8.  Subsection 33 (1) of the Conservation Authorities Act is amended by adding "or section 277 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

9.  The Schedule to the Consolidated Hearings Act is amended by adding "City of Toronto Act, 2006".

10.  Subsection 61 (3) of the Conveyancing and Law of Property Act is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

11.  Subsection 7.3 (2) of the Day Nurseries Act is amended by adding "or section 82 of the City of Toronto Act, 2006" at the end.

12.  (1)  Paragraph 4 of subsection 5 (5) of the Development Charges Act, 1997 is amended by adding "or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 37 (1) of the Act is amended by adding "and any equivalent provisions of, or made under, the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Paragraph 4 of subsection 63 (3) of the Act is repealed and the following substituted:

4. Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the fund.

13.  Section 11 of the Dog Owners' Liability Act is amended by adding "and section 11 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

14.  Subsection 61 (4) of the Drainage Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

15.  (1)  The definition of "reserve fund" in subsection 1 (1) of the Education Act is amended by adding "or section 7 or 8 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Section 58 of the Act is repealed and the following substituted:

Municipal charges

58.  (1)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006 but subject to subsection (3), a by-law imposing fees and charges passed under those provisions does not apply to a board.

Same

(2)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006, a by-law passed under those provisions does not apply in respect of anything provided or done by or on behalf of the municipality or upper-tier municipality in connection with taxes levied under Division B of Part IX of this Act.

Exception

(3)  The Lieutenant Governor in Council may make regulations providing for exceptions to subsection (1).

(3)  Subsection 231 (7) of the Act is repealed and the following substituted:

Non-application

(7)  Subsections 417 (3), (4) and (5) of the Municipal Act, 2001 or any equivalent provisions of, or made under, the City of Toronto Act, 2006 do not apply with respect to the money.

(4)  Clause (b) of the definition of "education funding" in subsection 234 (14) of the Act is repealed and the following substituted:

(b) from taxes under Division B of this Act or Part IX of the Municipal Act, 2001 or Part XI of the City of Toronto Act, 2006, as the case may be, other than taxes for the purposes of,

(i) paying a board's share of the amount of any cancellation, reduction, refund or rebate of taxes under section 361, 364, 365 or 365.2 of the Municipal Act, 2001 or under section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be,

(ii) paying a board's share of the amount of the tax assistance provided under section 365.1 of the Municipal Act, 2001 or under section 333 of the City of Toronto Act, 2006, as the case may be, or

(iii) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act,

(5)  Subsection 235 (2) of the Act is amended by adding "or section 83 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 240 (6) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(7)  The definition of "municipality" in subsection 245 (1) of the Act is amended by adding "as it read the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006" at the end.

(8)  Clause 247 (3) (h) of the Act is repealed and the following substituted:

(h) providing that any provision of, or made under, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, relating to borrowing or debentures applies, with any modifications specified in the regulations, in relation to borrowing by a board under this section or debentures issued by a board under this section.

(9)  Subsection 247 (8) of the Act is amended by adding "or any equivalent provisions of, or made under, the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(10)  Clause (c) of the definition of "business property" in section 257.5 of the Act is repealed and the following substituted:

(c) property described in paragraphs 1 and 2 of subsection 315 (1) of the Municipal Act, 2001 or paragraphs 1 and 2 of section 280 of the City of Toronto Act, 2006, as the case may be;

(11)  Subsection 257.6 (4) of the Act is amended by striking out "incorporated by the City of Toronto Act, 1997".

(12)  Subsection 257.7 (3) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(13)  Subsection 257.10 (3) of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(14)  Clause 257.11 (17) (a) of the Act is amended by adding "or section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be" at the end.

(15)  Clause 257.11 (17) (b) of the Act is amended by adding "or under section 333 of the City of Toronto Act, 2006, as the case may be" at the end.

(16)  Clause 257.11 (18) (c) of the Act is amended by adding "under section 281 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(17)  Clause 257.12 (1) (c) of the Act is amended by adding "or section 273 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(18)  Subsection 257.12 (1.1) of the Act is repealed and the following substituted:

Definition

(1.1)  In clause (1) (b),

"tax rates for school purposes" includes tax rates for the purposes of,

(a) paying a board's share of the amount of any cancellation, reduction, refund or rebate of taxes under section 361, 364, 365 or 365.2 of the Municipal Act, 2001 or under section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be,

(b) paying a board's share of the amount of the tax assistance provided under section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, or

(c) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act.

(19)  Clause 257.12 (3) (b) of the Act is amended by adding "or section 124 of the City of Toronto Act, 2006, as the case may be" at the end.

(20)  Clause 257.12 (3) (h) of the Act is amended by adding "or paragraph 1 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(21)  Clause 257.12 (3) (i) of the Act is amended by adding "or paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be" at the end.

(22)  Subsection 257.12 (6) of the Act is amended by adding "or paragraph 1 of subsection 278 (1) and subsections 278 (2) and (3) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(23)  Subsection 257.12.1 (1) of the Act is amended by adding "or section 280 of the City of Toronto Act, 2006, as the case may be" at the end.

(24)  Subsection 257.12.1 (6) of the Act is amended by adding "or subsection 277 (2) of the City of Toronto Act, 2006, as the case may be" at the end.

(25)  Paragraph 3 of subsection 257.12.1 (7) of the Act is amended by adding "or section 275 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(26)  Paragraph 4 of subsection 257.12.1 (7) of the Act is amended by adding "or section 275 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(27)  Subsection 257.12.1 (9) of the Act is repealed and the following substituted:

Graduated tax rates

(9)  Subsections 314 (4) and (6) of the Municipal Act, 2001 and the regulations made under clauses 314 (5) (b) and (c) of that Act and subsections 279 (3) and (5) of the City of Toronto Act, 2006 and the regulations made under clauses 279 (4) (b) and (c) of that Act, as the case may be, apply with necessary modifications to the tax rates specified in a by-law under subsection (3) or (5).

(28)  Subsection 257.12.1 (10) of the Act is amended by adding "or section 278 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(29)  Subsection 257.12.1 (11) of the Act is repealed and the following substituted:

Definitions

(11)  In this section,

"commercial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories commerciales")

"industrial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be. ("catégories industrielles")

(30)  Subsection 257.12.2 (9) of the Act is repealed and the following substituted:

Definitions

(9)  In this section,

"commercial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories commerciales")

"industrial classes" has the same meaning as in subsection 308 (1) of the Municipal Act, 2001 or subsection 275 (1) of the City of Toronto Act, 2006, as the case may be; ("catégories industrielles")

"municipality" means a single-tier municipality or an upper-tier municipality. ("municipalité")

(31)  Subsection 257.13 (1) of the Act is amended by adding "or section 283 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(32)  Subsection 257.19 (3) of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(33)  Section 257.96 of the Act is amended by adding "or section 314 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(34)  Subclause 257.101 (1) (k) (iii) of the Act is repealed and the following substituted:

(iii) varying the application of section 417 of the Municipal Act, 2001 or any equivalent provision of, or made under, the City of Toronto Act, 2006, as the case may be, with respect to such reserve funds,

16.  (1)  Section 43.1 of the Electricity Act, 1998 is amended by adding "or section 72 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 84 (4) of the Act is repealed and the following substituted:

Same

(4)  In addition to the amounts payable under subsections (2) and (3), the Financial Corporation shall pay in each year, to any municipality in which land owned by it and described in paragraph 2 of subsection 315 (1) of the Municipal Act, 2001 or paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be, is situate, an amount equal to the tax that would be imposed under section 315 of the Municipal Act, 2001 or section 280 of the City of Toronto Act, 2006, as the case may be, on that land if the land were taxable.

(3)  Clause (d.1) of the definition of "municipal electricity utility" in section 88 of the Act is repealed and the following substituted:

(d.1) a corporation established after May 1, 2003 under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act, for the purpose of acquiring, holding, disposing of and otherwise dealing with shares of a corporation incorporated by the municipal corporation under section 142 of this Act,

17.  The definition of "employee of a municipality" in section 1 of the Emergency Management Act is repealed and the following substituted:

"employee of a municipality" means an employee as defined in section 278 of the Municipal Act, 2001 or a designated employee as defined in section 217 of the City of Toronto Act, 2006, as the case may be; ("employé municipal")

18.  Section 37 of the Environmental Assessment Act is repealed and the following substituted:

Boards excluded

37.  Despite the definition of "municipality" in subsection 1 (1), if a notice or document is required to be given under this Act to the clerk of a municipality, the reference to municipality does not include local boards, as defined in the Municipal Affairs Act, a corporation incorporated by a municipality under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or a corporation incorporated by the City of Toronto under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act or any other board exercising any power with respect to municipal or school purposes in an unorganized territory or unsurveyed territory.

19.  (1)  Subsection 100.1 (5) of the Environmental Protection Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 154 (2) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 154 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 154 (5) of the Act is repealed and the following substituted:

Interpretation

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 154 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(6)  Subsection 154 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(7)  Paragraph 5 of subsection 168.12 (2) of the Act is repealed and the following substituted:

5. Any action taken on non-municipal property under or for the purpose of Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006.

(8)  Subsection 168.13 (1) of the Act is repealed and the following substituted:

Ownership by vesting

(1)  If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under this Act to the municipality or a municipal representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

(9)  Subsection 168.14 (1) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before paragraph 1.

(10)  Subsection 168.15 (2) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

20.  (1)  Subsection 7.1 (5) of the Fire Protection and Prevention Act, 1997 is amended by adding "or with Part XV of the City of Toronto Act, 2006, other than paragraph 4 of subsection 375 (1) of that Act, as the case may be" at the end.

(2)  Subsection 38 (3) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 38 (5) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 38 (6) of the Act is repealed and the following substituted:

Interpretation

(6)  In subsections (7) and (8),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 38 (7) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 38 (8) of the Act is repealed and the following substituted:

Cancellation price

(8)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of theCity of Toronto Act, 2006, as the case may be.

21.  (1)  Clause 54 (1) (b) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding "section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Clause 54 (1) (c) of the Act is amended by adding "section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before subclause (i).

(3)  Subsection 54 (8) of the Act is amended by adding "under section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 54 (9) of the Act is amended by adding "under section 324 of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before clause (a).

(5)  This section comes into force on the later of the day section 54 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day section 324 of the City of Toronto Act, 2006 comes into force.

22.  Subsection 23 (1) of the Greenbelt Act, 2005 is repealed and the following substituted:

Regulations by Minister

(1)  The Minister may, by regulation,

(a) require municipalities within the areas designated as Protected Countryside in the Greenbelt Plan to pass by-laws referred to in section 135 or 142, or both, of the Municipal Act, 2001 or in section 104 or 105, or both, of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions;

(b) prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (a) that are additional to those powers referred to in section 135 or 142 of the Municipal Act, 2001 or section 104 or 105 of the City of Toronto Act, 2006;

(c) prescribe anything that is referred to in this Act as being prescribed, other than those matters described in section 22.

23.  (1)  Subsection 49 (8) of the Health Protection and Promotion Act is amended by adding "or section 204 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 49 (10) of the Act is amended by adding "and section 222 of the City of Toronto Act, 2006" at the end.

24.  (1)  Subsection 26 (3) of the Highway Traffic Act is repealed and the following substituted:

Cancellation of permit

(3)  The Minister may cancel a disabled person parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking.

(2)  Subsection 28 (1) of the Act is repealed and the following substituted:

Inspection, disabled person parking permit

(1)  Every person having possession of a disabled person parking permit shall, upon the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking are being complied with.

(3)  Clause 28 (2) (e) of the Act is repealed and the following substituted:

(e) is being or has been used in contravention of the regulations or of a by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking.

(4)  On the later of the day this subsection comes into force and the day subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.3) of the Act is amended by striking out "and (6)" and substituting "(6) and (6.1)".

(5)  On the later of the day this subsection comes into force and the day subsection 6 (5) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.4) of the Act is repealed and the following substituted:

Same

(6.4)  Despite subsection 4 (2) of Schedule B to the Transportation Statute Law Amendment Act, 2005, the rate of speed prescribed for any highway or portion of a highway under the jurisdiction of the City of Toronto that was in force immediately before subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force shall remain in force until the council of the City of Toronto passes a by-law prescribing a rate of speed for that highway or portion of a highway under this section.

(6)  Subsection 166 (1) of the Act is repealed and the following substituted:

Passing street cars

Standing street car, etc.

(1)  Where a person in charge of a vehicle or on a bicycle or on horseback or leading a horse on a highway overtakes a street car or a car of an electric railway, operated in or near the centre of the roadway, which is stationary for the purpose of taking on or discharging passengers, he or she shall not pass the car or approach nearer than 2 metres measured back from the rear or front entrance or exit, as the case may be, of the car on the side on which passengers are getting on or off until the passengers have got on or got safely to the side of the street, as the case may be, but this subsection does not apply where a safety zone has been set aside and designated by a by-law passed under section 9, 10 or 11 of the Municipal Act, 2001 or under section 7 or 8 of the City of Toronto Act, 2006, as the case may be.

(7)  Subsection 210 (4) of the Act is repealed and the following substituted:

Report on disabled person parking by-law conviction

(4)  Despite subsection (1), a judge, provincial judge or justice of the peace who makes a conviction under a municipal by-law passed for establishing a system of disabled parking under section 9, 10, 11 or 102 of the Municipal Act, 2001 or section 7, 8 or 80 of the City of Toronto Act, 2006 for the improper use of a disabled person parking permit issued under section 26 or the clerk of the court in which the conviction is made shall promptly notify the Registrar of the conviction setting out the name and address of the person convicted, the number of the disabled person parking permit used in the offence, the name and address of the person or organization in whose name the disabled person parking permit is issued, the date the offence was committed and the provision of the by-law contravened.

25.  Subsection 15 (3) of the Homes for the Aged and Rest Homes Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" at the end.

26.  (1)  Subsection 7 (5) of the Housing Development Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 19 (2) of the Act is repealed and the following substituted:

Exemption, municipalities

(2)  A municipality does not require the Minister's approval to engage in an activity described in subsection (1) for the purpose described in subsection (1).

27.  The definition of "old board" in section 1 of the Hummingbird Performing Arts Centre Corporation Act, 1998 is repealed and the following substituted:

"old board" means The Board of Directors of the Hummingbird Centre for the Performing Arts continued by subsection 411 (1) of the City of Toronto Act, 2006. ("ancien conseil")

28.  (1)  Subsection 29 (2) of the Lakes and Rivers Improvement Act is amended by adding "or in section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 29 (5) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsections 29 (6) and (7) of the Act are repealed and the following substituted:

Cancellation price

(6)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

Interpretation

(7)  In subsections (5) and (6),

"cancellation price" has the same meaning that it has in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

29.  The Schedule to the Limitations Act, 2002 is amended by adding the following:

City of Toronto Act, 2006

Subsections 214 (4), 250 (2) and 351 (4)

30.  (1)  Subsection 8 (3) of the Line Fences Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 12 (5) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(3)  Subsection 12 (7) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(4)  Subsection 18 (2) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(5)  Subsection 18 (3) of the Act is amended by adding "or section 310 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(6)  Section 26 of the Act is repealed and the following substituted:

Non-application

26.  This Act, except section 20, does not apply to land in an area that is subject to a by-law for apportioning the costs of line fences passed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be.

(7)  Section 31 of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

31.  Clause 3 (4) (b) of the Metropolitan Toronto Convention Centre Corporation Act is repealed and the following substituted:

(b) an employee, as defined in section 278 of the Municipal Act, 2001, or a designated employee, as defined in section 217 of the City of Toronto Act, 2006, as the case may be, of a municipality or of a local board or local board (extended definition), respectively, as defined in those sections.

32.  Subsection 7 (7) of the Motorized Snow Vehicles Act is amended by adding "or Part XV of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

33.  (1)  Clause 4 (e) of the Municipal Conflict of Interest Act is amended by adding "or Part IX of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 14 (1) of the Act is amended by adding "or section 218 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001" in the portion before clause (a).

(3)  Subsection 14 (3) of the Act is amended by striking out "section 418 of the Municipal Act, 2001" at the end and substituting "the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

34.  (1)  Subsection 29 (1.1) of the Municipal Elections Act, 1996 is amended by adding "section 203 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Subsection 29 (2.1) of the Act is amended by adding "or section 206 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Subsection 30 (4) of the Act is amended by adding "section 186 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 30 (8) of the Act is repealed and the following substituted:

Non-employees

(8)  This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be.

(5)  Paragraph 2 of subsection 37 (4) of the Act is amended by adding "or clause 208 (1) (a) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subparagraph 1 iv of subsection 65 (4) of the Act is amended by adding "or subsection 211 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

35.  Clause (b) of the definition of "institution" in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

(b) a school board, municipal service board, city board, transit commission, public library board, board of health, police services board, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act, 2001 or the City of Toronto Act, 2006 or a predecessor of those Acts,

36.  Section 7 of the Municipal Health Services Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

37.  (1)  Subsection 4 (5) of the Municipal Tax Assistance Act is amended by adding "and a regulation made under section 266 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(2)  Subsection 4 (6) of the Act is repealed and the following substituted:

Sewer and waterworks rates

(6)  The Crown in right of Ontario or any Crown agency may, in respect of any provincial property, pay fees and charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006 in respect of capital costs and the operating, repair and maintenance costs of water and sewage works.

(3)  Subsection 4 (7) of the Act is amended by adding "or section 287 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

38.  (1)  Subsection 9 (2) of the Municipal Water and Sewage Transfer Act, 1997 is repealed and the following substituted:

Collection of payments

(2)  A municipality that is entitled to payments for services it is required to provide under clause (1) (a) may, for the purpose of collecting those payments, pass a by-law deeming the payments to be fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, in respect of sewage works or water works and those Acts and the regulations made under those Acts apply with necessary modifications to the collection of the payments.

(2)  Clause 15 (b) of the Act is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

39.  (1)  Subsection 38 (3) of the Nutrient Management Act, 2002 is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(2)  Subsection 38 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(3)  Subsection 38 (6) of the Act is amended by adding "or under Part XIV of the City of Toronto Act, 2006, as the case may be" after "predecessor of that Part".

(4)  Subsection 38 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

40.  Section 14 of the Ombudsman Act is amended by adding the following subsections:

Application

(2.1)  Subsections (2.2) to (2.6) apply if a municipality has not appointed an investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001 or if the City of Toronto has not appointed an investigator referred to in subsection 190.2 (1) of the City of Toronto Act, 2006, as the case may be.

Investigation

(2.2)  The Ombudsman may investigate, on a complaint made to him or her by any person,

(a) whether a municipality or local board of a municipality has complied with section 239 of the Municipal Act, 2001 or a procedure by-law under subsection 238 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public; or

(b) whether the City of Toronto or a local board of the City has complied with section 190 of the City of Toronto Act, 2006 or a procedure by-law under subsection 189 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public.

Non-application

(2.3)  Subsections 14 (4) and 18 (4) and (5), sections 20 and 21 and subsections 22 (1) and 25 (3) and (4) do not apply to an investigation under subsection (2.2).

Interpretation

(2.4)  For the purposes of an investigation under subsection (2.2),

(a) the references in subsections 18 (1) and 25 (2) to "head of the governmental organization" shall be deemed to be a reference to "municipality or local board";

(b) the references in subsections 18 (3) and (6), 19 (1) and (2) and 25 (1) to "governmental organization" shall be deemed to be references to "municipality or local board";

(c) the reference in subsection 19 (3) to the Public Service Act shall be deemed to be a reference to the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; and

(d) the reference in subsection 19 (3.1) to the Freedom of Information and Protection of Privacy Act shall be deemed to be a reference to the Municipal Freedom of Information and Protection of Privacy Act.

Ombudsman's report and recommendations

(2.5)  If, after making an investigation under subsection (2.2), the Ombudsman is of opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 of the Municipal Act, 2001 or to a procedure by-law under subsection 238 (2) of that Act or contrary to section 190 of the City of Toronto Act, 2006 or to a procedure by-law under subsection 189 (2) of that Act, as the case may be, the Ombudsman shall report his or her opinion, and the reasons for it, to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Publication of reports

(2.6)  The municipality or local board shall ensure that reports received under subsection (2.5) by the municipality or local board, as the case may be, are made available to the public.

41.  Clause 12 (4) (c) of the Ontarians with Disabilities Act, 2001 is amended by adding "or section 252 of the City of Toronto Act, 2006, as the case may be" at the end.

42.  Subsection 42 (2) of the Ontario Energy Board Act, 1998 is repealed and the following substituted:

Duty of gas distributor

(2)  Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act, sections 80, 81, 82 and 83 of the Municipal Act, 2001 and sections 64, 65, 66 and 67 of the City of Toronto Act, 2006, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor's distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building.

43.  (1)  Clause 6 (a) of the Ontario Municipal Board Act is amended by adding "or Part IX of the City of Toronto Act, 2006" at the end.

(2)  Clause 54 (1) (l) of the Act is amended by adding "or the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Section 65 of the Act is amended by adding the following subsection:

Non-application

(6)  This section does not apply to the City of Toronto.

44.  Section 9 of the Ontario Northland Transportation Commission Act is repealed and the following substituted:

Exemption from licences

9.  The following do not apply to nor are binding upon the Commission:

1. Sections 2 to 17 and 27 to 29 of the Public Vehicles Act.

2. A business licensing by-law, as defined in subsection 1 (1) of the Municipal Act, 2001, for the licensing, regulating and governing of motor or other vehicles involved in the carriage of persons or goods.

3. A by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006 for the licensing, regulating and governing of motor or other vehicles involved in the carriage of persons or goods.

45.  (1)  Subsection 54 (11) of the Ontario Water Resources Act is amended by striking out "or a predecessor of that Act" and substituting "the City of Toronto Act, 2006 or a predecessor of those Acts".

(2)  Subsection 55 (4) of the Act is amended by striking out "or a predecessor of that Act" and substituting "the City of Toronto Act, 2006 or a predecessor of those Acts".

(3)  Subsection 65 (4) of the Act is repealed and the following substituted:

Application

(4)  Subject to this section, Part XII of the Municipal Act, 2001 or Part IX of the City of Toronto Act, 2006, as the case may be, and the regulations under those Parts apply with necessary modifications to sewer rates and sewage service rates imposed under this section.

(4)  Subsection 65 (5) of the Act is repealed and the following substituted:

Same

(5)  Every water works rate or water service rate imposed under this section shall, in so far as is practicable and subject to this section, be imposed in the same manner and with and subject to the same provisions as apply to fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, in respect of water works and those Acts and the regulations under those Acts apply with necessary modifications to the imposition of such rates.

(5)  Subsection 88 (2) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(6)  Subsection 88 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006" at the end.

(7)  Subsection 88 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(8)  Subsection 88 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(9)  Subsection 88 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Fire Protection and Prevention Act, 1997, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(10)  Paragraph 5 of subsection 89.6 (2) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" at the end.

(11)  Subsection 89.7 (1) of the Act is repealed and the following substituted:

Ownership by vesting

(1)  If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue a direction or order under this Act to the municipality or a municipal representative with respect to the property unless the direction or order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

(12)  Subsection 89.8 (1) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001" in the portion before paragraph 1.

46.  Paragraph 5 of subsection 31.3 (2) of the Pesticides Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" at the end.

47.  (1)  Subsections 28 (4), (4.1), (4.2), (4.3), (4.4) and (5) of the Planning Act are repealed and the following substituted:

Community improvement plan

(4)  When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1).

Same

(5)  Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) to (50.1) apply, with necessary modifications, in respect of a community improvement plan and any amendments to it.

Same

(5.1)  The Minister is deemed to be the approval authority for the purpose of subsection (5).

Same

(5.2)  Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with.

(2)  Subsection 28 (7.3) of the Act is amended by adding "or section 333 of the City of Toronto Act, 2006 , as the case may be" after " Municipal Act, 2001 ".

(3)  Subsection 28 (8) of the Act is repealed.

(5)  Subsection 28 (12) of the Act is amended by adding "or any regulation under section 256 of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(6)  Subsection 34 (4) of the Act is repealed and the following substituted:

Interpretation

(4)  A trailer as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, and a mobile home as defined in subsection 46 (1) of this Act are deemed to be buildings or structures for the purpose of this section.

(7)  Clauses 40 (3) (a) and (b) of the Act are repealed and the following substituted:

(a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;

(b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;

(8)  Subsection 40 (4) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" at the end.

(9)  The definition of "development" in subsection 41 (1) of the Act is amended by striking out "168 (5) of the Municipal Act, 2001" and substituting "164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be".

(10)  Subsection 41 (11) of the Act is amended by striking out "Section 427 of the Municipal Act, 2001" at the beginning and substituting "Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be".

(11)  Subsection 42 (16) of the Act is amended by striking out "section 418 of the Municipal Act, 2001" and substituting "the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

(12)  Subsection 44 (10) of the Act is amended by adding "or section 199 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(13)  Section 58 of the Act is repealed and the following substituted:

Acquisition of land

58.  The Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, applies to the acquisition of land under this Act.

48.  (1)  This section applies only if Bill 51 (Planning and Conservation Land Statute Law Amendment Act, 2006), introduced on December 12, 2005, receives Royal Assent.

(2)  The reference to subsection 13 (6) of Bill 51 in subsection (5) is a reference to that subsection as it was numbered in the first reading version of the Bill and, if Bill 51 is renumbered, the reference to subsection 13 (6) is deemed to be a reference to the equivalent renumbered provision of Bill 51.

(3)  On the latest of the day subsection 13 (6) of Bill 51 comes into force, the day section 333 of the City of Toronto Act, 2006 comes into force and the day this section comes into force, subsection 28 (7.3) of the Planning Act is amended by adding "or section 333 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

49.  Subsection 119 (6) of the Police Services Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

50.  Section 1 of the Pounds Act is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

51.  Subsection 3 (4) of the Provincial Parks Act is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

52.  (1)  This section applies only if Bill 11 ( Provincial Parks and Conservation Reserves Act, 2006) , introduced on October 25, 2005, receives Royal Assent.

(2)  References in this section to provisions of Bill 11 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 11 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 11.

(3)  Subsections (4) and (5) come into force on the later of the day this section comes into force and the day section 30 of the Provincial Parks and Conservation Reserves Act, 2006 comes into force.

(4)  Subsection 30 (1) of the Provincial Parks and Conservation Reserves Act, 2006 is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

(5)  Subsection 30 (2) of the Provincial Parks and Conservation Reserves Act, 2006 is amended by adding "and the City of Toronto Act, 2006" after "Municipal Act, 2001".

53.  (1)  Section 17 of the Public Libraries Act is amended by adding "or subsections 195 (1), (4), (5) and (6) of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Section 22 of the Act is repealed and the following substituted:

Employee benefits

Pensions

22.  (1)  A board may, by resolution, provide pensions for employees or any class of them and their surviving spouses and children.

Sick leave credits

(2)  A board may, by resolution, establish a system of sick leave credit gratuities for employees or any class of them in the manner and subject to the conditions set out in section 281 of the Municipal Act, 2001 or section 220 of the City of Toronto Act, 2006, as the case may be, and those sections apply with necessary modifications.

(3)  Subsection 24 (7) of the Act is amended by adding "or section 139 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(4)  Subsection 25 (4) of the Act is amended by striking out "provided by the Municipal Act, 2001" and substituting "provided under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be".

54.  Subsection 4 (1) of the Public Sector Labour Relations Transition Act, 1997 is amended by adding the following definition:

"City of Toronto Act, 1997" means that Act as it read on the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006; ("Loi de 1997 sur la cité de Toronto")

55.  Clause (f) of the definition of "regulation" in section 1 of the Regulations Act is amended by adding "under the City of Toronto Act, 2006" after "Municipal Act, 2001".

56.  (1)  This section applies only if Bill 109 ( Residential Tenancies Act, 2006 ), introduced on May 3, 2006, receives Royal Assent.

(2)  The reference to subsection 219 (3) of the Residential Tenancies Act, 2006 in subsection (3) is a reference to that subsection as it was numbered in the first reading version of Bill 109 and, if Bill 109 is renumbered, the reference to that subsection is deemed to be a reference to the equivalent renumbered provision of Bill 109.

(3)  Subsection (4) comes into force on the latest of the day section 219 of the Residential Tenancies Act, 2006 comes into force, the day section 314 of the City of Toronto Act, 2006 comes into force and the day this section comes into force.

(4)  Subsection 219 (3) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

No special lien

(3)  Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection.

57.  Clause 9 (4) (b) of the Retail Sales Tax Act is amended by adding "or section 149 of the City of Toronto Act, 2006" at the end.

58.  (1)  Clauses (a) and (b) of the definition of "municipal drinking-water system" in subsection 2 (1) of the Safe Drinking Water Act, 2002 are repealed and the following substituted:

(a) that is owned by a municipality or by a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006,

(b) that is owned by a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act,

(2)  Clause 114 (7) (e) of the Act is amended by striking out "under Part XII of the Municipal Act, 2001" and substituting "under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, imposing fees and charges".

(3)  Subsection 124 (3) of the Act is amended by adding "or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be" at the end.

(4)  Subsection 124 (5) of the Act is repealed and the following substituted:

Definition

(5)  In subsections (6) and (7),

"cancellation price" has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.

(5)  Subsection 124 (6) of the Act is amended by adding "or Part XIV of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(6)  Subsection 124 (7) of the Act is repealed and the following substituted:

Cancellation price

(7)  Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Ontario Water Resources Act and the Fire Protection and Prevention Act, 1997, and the purchaser may be declared to be the successful purchaser under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be.

59.  Subsection 16 (3) of the Settled Estates Act is amended by adding "the City of Toronto Act, 2006" after "Municipal Act, 2001".

60.  Subsection 9 (1) of the Shoreline Property Assistance Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

61.  (1)  Subsection 6 (1) of the Social Housing Reform Act, 2000 is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 17 (3) of the Act is amended by adding "subsection 15 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(3)  Subsection 23 (3) of the Act is amended by adding "and subsection 82 (1) of the City of Toronto Act, 2006" after "Municipal Act, 2001".

(4)  Subsection 95 (2.1) of the Act, as enacted by section 13 of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006, is repealed and the following substituted:

Exception

(2.1)  A housing provider does not require the consent of the Minister for a transaction or activity described in subsection (1) relating to a housing project if, before the housing provider carries out the transaction or activity, the service manager for the service area in which the housing project is located provides an indemnity that is acceptable to the Minister in relation to that transaction or activity.

(5)  Subsection 101 (7) of the Act is amended by striking out "section 3 of The City of Toronto Act, 1979" at the end and substituting "section 453.1 of the City of Toronto Act, 2006".

(6)  Subsection 137 (2) of the Act is amended by adding "and the City of Toronto Act, 2006" at the end.

62.  (1)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 139 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, clause (a) of the definition of "municipal auditor" in subsection 1 (1) of the Sustainable Water and Sewage Systems Act, 2002 is repealed and the following substituted:

(a) an auditor appointed by a regulated entity under section 296 of the Municipal Act, 2001 or section 139 of the City of Toronto Act, 2006, as the case may be, or

(2)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 235 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, subsection 1 (4) of the Act is amended by adding "or section 235 of the City of Toronto Act, 2006, as the case may be" at the end.

(3)  On the latest of the day section 1 of the Sustainable Water and Sewage Systems Act, 2002 comes into force, the day section 141 of the City of Toronto Act, 2006 comes into force and the day this subsection comes into force, subsection 2 (2) of the Act is repealed and the following substituted:

Same

(2)  A municipality is deemed to be providing water services or waste water services to the public for the purposes of this Act even if it has, before or after being designated under subsection (1),

(a) transferred all or part of its authority for doing so to a municipal service board established under the Municipal Act, 2001, a city board established under the City of Toronto Act, 2006 or any other person or entity; or

(b) entered into an agreement with a person or entity described in clause (a) to do so on its behalf.

63.  (1)  Subsection 4 (1) of the Tax Incentive Zones Act (Pilot Projects), 2002 is amended by adding "or the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 15 (1) of the Act is repealed and the following substituted:

Prohibition re assistance does not apply

15.  (1)  Section 106 of the Municipal Act, 2001 and section 82 of the City of Toronto Act, 2006 do not apply with respect to a cancellation of taxes, fees or charges by a municipality under this Act.

64.  Subsection 149 (3) of the Tenant Protection Act, 1997 is repealed and the following substituted:

Not special lien

(3)  Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection.

65.  Section 8 of the Tile Drainage Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

66.  Subsection 10 (2) of the Toronto District Heating Corporation Act, 1998 is repealed and the following substituted:

Non-application

(2)  The operations of the Corporation are deemed not to be a manufacturing business or other industrial or commercial enterprise for the purposes of subsections 82 (1) and (2) of the City of Toronto Act, 2006.

67.  (1)  Subsection 5 (5.1) of the Toronto Islands Residential Community Stewardship Act, 1993 is amended by striking out "Municipal Act" and substituting "City of Toronto Act, 2006".

(2)  Subsection 24 (1) of the Act is amended by striking out "Part XI of the Municipal Act, 2001" and substituting "Part XIV of the City of Toronto Act, 2006".

(3)  Subsection 33 (1) of the Act is amended by striking out "Part XI of the Municipal Act, 2001" and substituting "Part XIV of the City of Toronto Act, 2006".

68.  (1)  Subsection 6 (4) of the Toronto Waterfront Revitalization Corporation Act, 2002 is repealed and the following substituted:

Public meetings

(4)  Section 190 of the City of Toronto Act, 2006 applies with necessary modifications to meetings of the board.

(2)  Subsection 14 (2) of the Act is repealed and the following substituted:

Same, asset transfer

(2)  The City of Toronto is authorized to transfer rights, assets and liabilities to the Corporation or any subsidiary of the Corporation, despite section 82 of the City of Toronto Act, 2006, with the consent of the Corporation.

69.  (1)  Subsection 18 (5) of the Waste Management Act, 1992 is amended by striking out "City of Toronto Act, 1997 (No. 1)" and substituting "City of Toronto Act, 2006".

(2)  Clause 19 (2) (a) of the Act is repealed and the following substituted:

(a) overriding any provision applicable to the system or site that is contained in an agreement made under,

(i) the Municipal Act, the Regional Municipality of Durham Act, the Regional Municipality of Peel Act, the Regional Municipality of York Act or the Regional Municipalities Act, as those Acts read immediately before their repeal under the Municipal Act, 2001,

(ii) the City of Toronto Act, 1997 (No. 1) or the City of Toronto Act, 1997 (No. 2), as those Acts read immediately before their repeal under the Stronger City of Toronto for a Stronger Ontario Act, 2006; or

(iii) the Planning Act, the Municipal Act, 2001, the City of Toronto Act, 2006 or any Act designated under clause 18 (8) (d);

70.  (1)  Subsection 15 (6) of the Weed Control Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(2)  Subsection 16 (7) of the Act is amended by adding "or section 3 of the City of Toronto Act, 2006, as the case may be" after "Municipal Act, 2001".

(3)  Section 17 of the Act is amended by adding "or section 323 of the City of Toronto Act, 2006, as the case may be" at the end.

Commencement

71.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)  Section 21 comes into force as provided in that section.

Same

(3)  This Schedule, except section 21 and this section, comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE D
OTHER AMENDMENTS

1.  (1)  The French version of the definition of "local board" in section 1 of the City of Greater Sudbury Act, 1999 is amended by striking out "conseil de planification" and substituting "conseil d'aménagement" in the portion before clause (a).

(2)  Subsection 11.4 (3) of the Act is amended by striking out "subsection 128 (4)" and substituting "section 128".

1.1  Subsection 11.4 (3) of the City of Hamilton Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

2.  Subsection 12.4 (3) of the City of Ottawa Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

3.  (1)  On the first day that this subsection and subsection 6 (2) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 are both in force, clause 128 (1) (d) of the Highway Traffic Act is repealed and the following substituted:

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(2)  If subsection (1) comes into force before subsection 6 (2) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, clause 128 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 6 (2), is repealed.

(3)  Subsection 128 (2) of the Act is repealed and the following substituted:

Rate of speed by by-law

(2)  The council of a municipality may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed different from the rate set out in subsection (1) that is not greater than 100 kilometres per hour and may prescribe different rates of speed for different times of day.

(4)  Subsection 128 (3) of the Act is repealed and the following substituted:

Same

(3)  The rate of speed set under subsection (10) may be any speed that is not greater than 100 kilometres per hour.

(5)  Subsections 128 (3.1) and (4) of the Act are repealed.

(6)  Clause 128 (5) (b) of the Act is repealed and the following substituted:

(b) for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, and prescribe the time or times at which the speed limit is effective.

(7)  Subsection 128 (6) of the Act is repealed and the following substituted:

Rate on bridges

(6)  If the council of a municipality by by-law prescribes a lower rate of speed for motor vehicles passing over a bridge on a highway under its jurisdiction than is prescribed under subsection (1), signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge.

(8)  Clause 128 (6.1) (b) of the Act is repealed and the following substituted:

(b) prescribe for any class or classes of motor vehicles a lower rate of speed, when travelling down grade on that portion of the highway, than is otherwise prescribed under subsection (1) or (2) for that portion of highway.

(9)  Subsections 128 (6.3) and (6.4) of the Act are repealed.

(10)  If subsection (9) comes into force on the same day or before subsection 6 (5) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 24 (5) of Schedule C is of no effect.

4.  (1)  Subsection 24 (4) of the Homes for the Aged and Rest Homes Act is amended by striking out "section 321 of the Municipal Act, 2001" at the end and substituting "section 26.1".

(2)  Subsection 25 (1) of the Act is amended by striking out "section 374 of the Municipal Act" at the end and substituting "section 26.1".

(3)  Subsection 26 (2) of the Act is amended by striking out "section 321 of the Municipal Act, 2001" and substituting "section 26.1".

(4)  The Act is amended by adding the following section:

Regulations re: apportionments

26.1  (1)  Despite any other Act, the Lieutenant Governor in Council may, with respect to a year, make regulations prescribing the basis on which apportionments are to be made by boards of management.

Retroactivity

(2)  A regulation is, if it so provides, effective with reference to a period before it is filed.

Application for review

(3)  Where, in respect of any year, the council of a supporting municipality is of the opinion that an apportionment made pursuant to a regulation made under subsection (1) is incorrect because of an error, omission or failure set out in subsection (4), the supporting municipality may apply to the Director, within 30 days after notice of the apportionment was sent to the supporting municipality, for a review to determine the correct proportion of the apportionments that each supporting municipality shall bear in the year.

Same

(4)  The errors, omissions and failures referred to in subsection (3) are,

(a) an error or omission in the amount of the assessment of one or more supporting municipalities;

(b) an error or omission in a calculation; or

(c) a failure to apply one or more provisions of the regulation made under subsection (1).

Appeal to Municipal Board

(5)  A supporting municipality may appeal the decision resulting from the Director's review to the Ontario Municipal Board within 30 days after notice of the decision was sent to the municipality.

Supporting municipality

(6)  In this section,

"supporting municipality" means one of the municipalities among which costs are to be apportioned by a board of management under section 24, 25 or 26.

5.  (1)  Section 20 of the Line Fences Act is repealed and the following substituted:

Duties of owner of former railway land

20.  (1)  Where land that was formerly used as part of a line of railway is conveyed in its entire width by the railway company to a person, the Crown in right of Ontario, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies with that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if,

(a) a farming business is carried out on the adjoining land; and

(b) the owner of the adjoining land upon which the farming business is carried out notifies the person, Crown in right of Ontario, Crown agency or municipality, as the case may be, that the owner desires that such person or entity construct, keep up and repair the fences that mark the lateral boundaries of the land.

Interpretation

(2)  In this section,

"farming business" means a business in respect of which,

(a) a current farming business registration is filed under the Farm Registration and Farm Organizations Funding Act, 1993, or

(b) the Agriculture, Food and Rural Affairs Appeal Tribunal has made an order under subsection 22 (6) of the Farm Registration and Farm Organizations Funding Act, 1993 that payment or filing be waived; ("entreprise agricole")

"owner" includes heirs, executors and assigns of the owner. ("propriétaire")

Notice

(3)  The notice under clause (1) (b) shall contain the prescribed information.

(2)  Section 29 of the Act is repealed and the following substituted:

Regulations by Minister

29.  The Minister may make regulations,

(a) prescribing forms and providing for their use;

(b) prescribing information that must be included in any notice or form required under this Act;

(c) requiring that a form approved or provided by the Ministry be used for any purpose of this Act.

6.  (1)  Clause 6 (2) (f.1) of the Liquor Licence Act is repealed and the following substituted:

(f.1) the applicant is carrying on activities that contravene, or will contravene if the applicant is licensed, a by-law of a municipality passed under subsection 62.1 (1);

(2)  Section 62.1 of the Act is repealed and the following substituted:

Municipal By-laws

By-law extending hours of sale

62.1  (1)  A municipality may pass by-laws extending the hours of sale of liquor in all or part of the municipality by the holders of a licence and a by-law may authorize a specified officer or employee of the municipality to extend the hours of sale during events of municipal, provincial, national or international significance.

Effect of by-law

(2)  A by-law passed under subsection (1) prevails over a regulation made under paragraph 18 or 19 of subsection 62 (1).

Exceptions

(3)  A by-law passed under subsection (1) does not prevail over a condition that is imposed by the Registrar under subsection 8 (3), 14 (1) or 17 (5), by a member of the Board under subsection 9 (6) or by the Board under subsection 12 (2), 17 (7) or 23 (11) or (12) or a condition that is consented to by an applicant or licensee under subsection 12 (2) or 17 (7).

7.  The French version of the definition of "local board" in section 1 of the Municipal Affairs Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

8.  Clause 1 (2) (b) of the Municipal Arbitrations Act is amended by striking out "under the Municipal Act, 2001 or".

9.  The French version of the definition of "local board" in section 1 of the Municipal Conflict of Interest Act is amended by striking out "conseil de planification" and substituting "conseil d'aménagement".

10.  Subsection 70.1 (5) of the Municipal Elections Act, 1996 is amended by adding "for the purposes of those subsections" after "subsections 71 (1) and (2)".

11.  (1)  Section 2 of the Municipal Extra-Territorial Tax Act is amended by adding the following subsections:

Regulation continues

(4)  Despite subsection (1), a regulation under that subsection continues to be valid until it is revoked even if, at any time,

(a) the Minister is no longer of the opinion that the affected municipality has experienced or will experience substantially increased expenditures as a result of a significant number of employees of businesses located in the municipal taxing area residing in that municipality; or

(b) a business designated under that subsection ceases to operate.

Deemed continuation of business

(5)  A business that was formerly designated but ceases to operate is deemed to continue for the purposes of this Act until the regulation under subsection (1) is revoked.

(2)  Section 3 of the Act is amended by adding the following subsections:

Power of Minister to make determination

(3)  Despite subsection (2) and subject to subsection (4), the Minister may determine attributable commercial assessment for a year under subsection (2) in any manner the Minister considers appropriate.

Condition

(4)  Subsection (3) applies only if all the designated municipalities have requested by resolution that a particular alternative method of determining attributable commercial assessment be used by the Minister for the year.

Applies to following year without request being made

(5)  If a particular alternative method of determining attributable commercial assessment is used by the Minister for a year, the Minister may use that method in the immediately following year without another request under subsection (4).

Not of legislative nature

(6)  A determination of the Minister under subsection (3) is deemed not to be of a legislative nature.

General or particular, etc.

(7)  A determination of the Minister under subsection (3) may be general or particular in its application and may be retroactive to a date no earlier than January 1 of the year in which the determination is made.

12.  (1)  Section 26 of the Ontario Heritage Act is amended by adding the following subsection:

Publication of notice

(4)  Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

(2)  Section 39.1 of the Act is amended by adding the following subsection:

Publication of notice

(3)  Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

14.  Subsection 56 (5) of the Public Utilities Act is amended by striking out "Municipal Act" and substituting "Municipal Arbitrations Act".

15.  (1)  The Retail Business Holidays Act is amended by adding the following section:

Non-application, municipalities

1.2  (1)  This Act does not apply to a municipality and does not apply in respect of any by-law of the municipality or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that this Act does not apply to it.

Condition for by-law to take effect

(2)  A by-law under subsection (1) does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday.

By-law valid

(3)  Nothing in section 7 invalidates a by-law passed by a municipality under section 148 of the Municipal Act, 2001 if the municipality has passed a by-law under subsection (1) providing that this Act does not apply.

Exception

(4)  Despite subsection (1), Part XVII of the Employment Standards Act, 2000 shall be applied as if this Act applies to the municipality and to retail business establishments located in the municipality.

(2)  Clause 4 (6) (b) of the Act is repealed and the following substituted:

(b) shall publish notice of the public meeting in a manner determined by the council;

15.1  Subsection 13.4 (3) of the Town of Haldimand Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

15.2  Subsection 13.4 (3) of the Town of Norfolk Act, 1999 is amended by striking out "subsection 128 (4)" and substituting "section 128".

Commencement

16.  (1)  This section comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2)   Sections 1 to 15.2 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE E
AMENDMENTS TO THE ONTARIO HOUSING CORPORATION ACT AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Ontario Housing Corporation Act

1.  (1)  The title of the Ontario Housing Corporation Act is repealed and the following substituted:

Ontario Mortgage and Housing Corporation Act

(2)  The definition of "Corporation" in section 1 of the Act is amended by striking out "Ontario Housing Corporation" and substituting "Ontario Mortgage and Housing Corporation".

(3)  Section 1 of the Act is amended by adding the following definitions:

"prescribed" means prescribed by regulation; ("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

(4)  Subsections 2 (1) and (2) of the Act are repealed and the following substituted:

Ontario Mortgage and Housing Corporation

(1)  The Ontario Housing Corporation is continued as a corporation without share capital under the name Ontario Mortgage and Housing Corporation in English and Société ontarienne d'hypothèques et de logement in French.

Powers of a natural person

(2)  For the purposes of exercising its powers under this Act, the Corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act.

Composition

(2.1)  The Corporation shall consist of at least five members appointed by the Lieutenant Governor in Council.

Term of office

(2.2)  A member shall hold office at the pleasure of the Lieutenant Governor in Council.

(5)  Subsection 2 (4) of the Act is repealed and the following substituted:

Fiscal year

(4)  On and after April 1, 2007, the Corporation's fiscal year shall commence on April 1 in each year and end on March 31 in the following year.

Transition

(4.1)  The fiscal year that commenced on January 1, 2006 shall end on March 31, 2007.

(6)  The Act is amended by adding the following sections:

Agent of the Crown

5.1  Subject to section 10.2, the Corporation is an agent of the Crown in right of Ontario and may exercise its powers only as an agent of the Crown.

Ministerial policies and directives

5.2  (1)  The Minister may issue policies and directives in writing to the Corporation in respect of any matter under this Act.

Corporation to follow policies and directives

(2)  The Corporation's board of directors shall ensure that a policy or directive issued under subsection (1) is followed.

Policies and directives are not regulations

(3)  Policies and directives are not regulations within the meaning of the Regulations Act.

(7)  Subsection 6 (1) of the Act is repealed and the following substituted:

Powers of Corporation

(1)  The Corporation, with the approval of the Lieutenant Governor in Council, may make any loan, grant, guarantee or advance that may be made by the Lieutenant Governor in Council under section 2 of the Housing Development Act, or by the Minister under section 3 of that Act.

(8)  Section 6 of the Act is amended by adding the following subsection:

Power to create subsidiaries

(3)  The Corporation, with the approval of the Lieutenant Governor in Council, may create a subsidiary corporation.

(9)  The Act is amended by adding the following sections:

Ontario Mortgage and Housing Initiative

6.1  (1)  The Corporation shall administer an initiative known as the Ontario Mortgage and Housing Initiative.

Purpose of Ontario Mortgage and Housing Initiative

(2)  The purpose of the Ontario Mortgage and Housing Initiative is to facilitate the development of affordable housing.

Powers re Ontario Mortgage and Housing Initiative

(3)  The Corporation may do anything it considers necessary to fulfil the purpose described in subsection (2), including,

(a) developing and managing a roster of approved lenders who may provide mortgage financing for the purposes of developing affordable housing, and making the roster available to persons interested in developing affordable housing;

(b) providing other information about affordable housing to approved lenders or potential approved lenders and to persons interested in developing affordable housing; and

(c) entering into agreements in relation to the Ontario Mortgage and Housing Initiative.

Definition

(4)  In this section,

"affordable housing" means,

(a) affordable housing within the meaning of the Affordable Housing Program Agreement, and

(b) any other prescribed housing or prescribed type of housing.

Powers to administer housing programs

6.2  (1)  The Corporation shall manage, administer and deliver all or part of the program known as "Program A2 - Affordable Home Ownership Program", set out in Schedule A of the Affordable Housing Program Agreement.

Same

(2)  The Corporation shall manage, administer and deliver such housing programs or parts of housing programs as may be prescribed.

Same

(3)  For the purposes of subsections (1) and (2), the Corporation may,

(a) enter into an agreement with any person; and

(b) make any loan, grant, guarantee or advance related to the program, and take security for the loan, guarantee or advance.

Definition

6.3  (1)  In sections 6.1, 6.2 and this section,

"Affordable Housing Program Agreement" means the agreement signed April 29, 2005 and effective April 1, 2003 between the Canada Mortgage and Housing Corporation and Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Public Infrastructure Renewal.

Agreement to be publicly available

(2)  The Minister shall ensure that a copy of the Affordable Housing Program Agreement is publicly available on the website of the Ministry of Municipal Affairs and Housing.

(10)  Subsection 9 (1) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(11)  Subsection 9 (3) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(12)  Subsection 9 (4) of the Act is amended by striking out "Province of Ontario" and substituting "Crown in right of Ontario".

(13)  The Act is amended by adding the following sections:

Protection from personal liability

10.1  (1)  No proceeding shall be commenced against any director, officer, employee, servant or agent of the Corporation or of a subsidiary of the Corporation created under subsection 6 (3) for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty.

Corporation's liability

(2)  Subsection (1) does not relieve the Corporation or a subsidiary of the Corporation created under subsection 6 (3) of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

Agent of the Crown, restriction

10.2  (1)  The Corporation may declare in writing in a contract, security or instrument that it is not acting as an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument.

Effect

(2)  If the Corporation makes a declaration under subsection (1), it is deemed not to be an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument and,

(a) the Crown is not liable for any liabilities or obligations incurred by the Corporation under the contract, security or instrument; and

(b) no proceeding shall be commenced against the Crown in respect of any act or omission of the Corporation or of any of its officers, directors, employees, servants or agents relating to the contract, security or instrument.

Same

(3)  Clause (2) (b) prohibits a proceedi