Municipal Boundary Negotiations Act, R.S.O. 1990, c. M.49
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Municipal Boundary Negotiations Act
R.S.O. 1990, CHAPTER M.49
Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (2), 485 (1).
Amended by: 1991, c. 15, s. 40; 1994, c. 23, s. 67; 2001, c. 25, s. 484.
(NOTE: By Order in Council approved July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)
Definitions
1. In this Act,
“local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”)
“Minister” means the Minister of Municipal Affairs; (“ministre”)
“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)
“municipality” includes a metropolitan, regional or district municipality and the County of Oxford; (“municipalité”)
“party municipality” means a municipality having a substantial interest in an issue raised by an application under section 2 as determined by the Minister or the chief negotiator. (“municipalité en cause”) R.S.O. 1990, c. M.49, s. 1.
Application to Minister
2. The council of a municipality that desires the resolution of an intermunicipal boundary issue or an intermunicipal boundary-related issue may by by-law apply to the Minister for the initiation of the procedures provided for in this Act. R.S.O. 1990, c. M.49, s. 2.
Where s. 2 does not apply
3. (1)Section 2 does not apply to any metropolitan, regional or district municipality or the County of Oxford or to any area municipality in a metropolitan, regional or district municipality or the County of Oxford, except in respect of an intermunicipal boundary issue or the resolution of an intermunicipal boundary-related issue that is, in the opinion of the Minister, of a minor nature. R.S.O. 1990, c. M.49, s. 3 (1).
Issues to which Act does not apply
(2)Where the Minister or a chief negotiator determines that a metropolitan, regional or district municipality or the County of Oxford or an area municipality thereof is a party municipality in respect of any issue raised by an application made under section 2 that is not in the opinion of the Minister of a minor nature, this Act does not apply to that issue. R.S.O. 1990, c. M.49, s. 3 (2).
Inquiry by the Minister
4. (1)Following receipt of an application under section 2, the Minister may determine and inquire into the issues raised by the application, determine the party municipalities, obtain the opinion of any local board that the Minister considers is affected by the application, and send to the clerk of each party municipality a report setting out the issues, the party municipalities and such other matters as the Minister considers appropriate. R.S.O. 1990, c. M.49, s. 4 (1).
Where opinion of school boards to be obtained
(2)Where the Minister has inquired into the issues raised by an application, the Minister shall obtain the opinion of any school board that he or she considers is affected by the application. R.S.O. 1990, c. M.49, s. 4 (2).
Information
5. A party municipality shall make available to the Minister all information in its possession or to which it has access, relevant to the issues raised, that the Minister requires. R.S.O. 1990, c. M.49, s. 5.
Powers of Minister
6. (1)Following the sending of a report under section 4, the Minister may,
(a) recommend to the Assembly such legislative measures as he or she considers appropriate to implement any agreement reached by the party municipalities;
(b) recommend to the Lieutenant Governor in Council the making of an order under section 14 to implement any agreement reached by the party municipalities;
(c) where agreement has not been reached by the party municipalities, direct that the council of each party municipality appoint, within twenty-eight days or such longer period as he or she may stipulate, such number of persons, members of council at the time of their appointment, as the Minister considers appropriate to negotiate and recommend agreements on behalf of the municipality in respect of any intermunicipal boundary issue or boundary-related issue; or
(d) take such other action as the Minister considers appropriate. R.S.O. 1990, c. M.49, s. 6 (1).
Failure to appoint members to negotiating committee
(2)Where a party municipality fails to appoint members to the negotiating committee within the time stipulated by the Minister in a direction under clause (1)(c), the Minister may appoint from among the members of the council of the municipality the requisite number of persons to be members of the committee. R.S.O. 1990, c. M.49, s. 6 (2).
Appointment of chief negotiator
7. Following the appointment of members of the negotiating committee under clause 6(1)(c) or subsection 6(2), the Minister shall appoint a person to serve as chief negotiator. R.S.O. 1990, c. M.49, s. 7.
Constitution of negotiating committee
8. (1)The chief negotiator and the persons appointed under clause 6(1)(c) or subsection 6(2) jointly constitute the negotiating committee. R.S.O. 1990, c. M.49, s. 8 (1).
Duties of negotiators, etc.
(2)The council of a party municipality and each negotiator shall act responsibly and in good faith to assist and facilitate negotiation and shall make every reasonable effort to reach an agreement on the issues raised by the application. R.S.O. 1990, c. M.49, s. 8 (2).
Constitution of Issues Review Panel
9. (1)The Minister may, at any time, constitute one or more Issues Review Panels composed of such three persons as the Minister designates. R.S.O. 1990, c. M.49, s. 9 (1).
Idem
(2)Where a negotiating committee has been constituted under section 8, the Minister shall constitute an Issues Review Panel, composed of such three persons as the Minister designates, in respect of that committee. R.S.O. 1990, c. M.49, s. 9 (2).
Submission of question to Panel
10. (1)The Minister may, at any time, submit to an Issues Review Panel constituted under subsection 9(1) a question for the advice of the Panel. R.S.O. 1990, c. M.49, s. 10 (1).
Idem
(2)The Minister, a chief negotiator or a negotiating committee may at any time submit to the Issues Review Panel constituted under subsection 9 (2) in respect of that negotiating committee a question for the advice of the Panel. R.S.O. 1990, c. M.49, s. 10 (2).
Powers and duties of chief negotiator
11. (1)The chief negotiator shall,
(a) act as chair of the negotiating committee;
(b) prepare a negotiation timetable in the event that the negotiating committee is unable to agree on a timetable;
(c) prepare and submit to the Minister and to the clerk of each party municipality one or more reports as the chief negotiator considers appropriate setting out,
(i) the party municipalities in respect of each issue, if different from those determined by the Minister under section 4,
(ii) the extent of agreement or disagreement within the negotiating committee on the issues negotiated,
(iii) any agreement which the negotiating committee wishes to recommend,
(iv) the chief negotiator’s recommendations to the Minister with respect to the further consideration of the application, and
(v) such other matters as the chief negotiator considers appropriate. R.S.O. 1990, c. M.49, s. 11 (1).
Appointment of members to negotiating committee by new party municipality
(2)Where the chief negotiator in a report sets out a municipality that is not represented on the negotiating committee as a party municipality, the council of that municipality shall appoint members to the negotiating committee in accordance with the direction of the Minister and subsection 6(2) applies with necessary modifications. R.S.O. 1990, c. M.49, s. 11 (2).
Holding of meetings
12. (1)Upon receipt of a report of a chief negotiator under clause 11(1)(c) that sets out an agreement mentioned in subclause (iii) of that clause, the council of each party municipality shall, and in all other cases, the council of each party municipality may,
(a) hold one or more information meetings, which may be held jointly with any other party municipality, for the purpose of informing the public of the contents of the report;
(b) invite and consider at a meeting of council submissions and comments of the public in respect of the contents of the report; and
(c) not later than ninety days following the receipt of the report of the chief negotiator, or such longer period as the Minister stipulates, inform the Minister in writing of the opinion of the council on each issue in respect of which the municipality is a party municipality. R.S.O. 1990, c. M.49, s. 12 (1).
Notice of meetings
(2)Notice of an information meeting required under clause (1) (a) and of a meeting required under clause (1)(b) shall be given by publication in a newspaper having general circulation in the municipality at least fifteen days in advance of each meeting, and the meeting required under clause (1)(b) shall be held not sooner than fifteen days after the last information meeting required under clause (1)(a). R.S.O. 1990, c. M.49, s. 12 (2).
Powers of Minister
13. After the expiration of the time for informing the Minister of the opinions of the councils of the party municipalities under section 12, the Minister may,
(a) where agreement has been reached by the party municipalities, recommend to the Lieutenant Governor in Council the making of an order under section 14;
(b) refer any issue not agreed upon to the negotiating committee or to the party municipalities for further consideration;
(c) refer any issue not agreed upon to an Issues Review Panel for the advice of the Panel;
(d) terminate further consideration of the application;
(e) refer any issue to the Municipal Board to hear any party municipality, and after a hearing, to make recommendations thereon;
(f) recommend to the Assembly legislation in respect of any of the issues raised by the application; or
(g) take such other action as the Minister considers appropriate. R.S.O. 1990, c. M.49, s. 13.
Order of Lieutenant Governor in Council
14. Subject to sections 17 and 18 but despite any other Act, the Lieutenant Governor in Council may by order, upon the recommendation of the Minister,
(a) give effect to agreements of party municipalities in respect of the resolution of an intermunicipal boundary issue or an intermunicipal boundary-related issue; or
(b) where the Minister has referred one or more issues to the Municipal Board under clause 13(e), give effect to or vary the recommendations of the Municipal Board,
and any such order may provide for one or more of the following:
1. The annexation of the whole or any part or parts of a party municipality to another party municipality.
2. The amalgamation of a party municipality with one or more party municipalities.
3. A requirement for joint approval by party municipalities of any subsequent application for an annexation or amalgamation.
4. The adoption by any party municipality of an official plan or amendments thereto or the passage of a restricted area by-law or amendments thereto, but the plan or amendments thereto adopted or the by-law or amending by-laws passed are subject to the approval under the Planning Act of the Minister or of the Municipal Board, as the case may be.
5. A requirement for joint approval of any subsequent amendments to official plans or restricted area by-laws of any party municipality passed under the Planning Act.
6. The level or apportionment of expenditures incurred in respect of any joint municipal service or any service provided by a joint local board.
7. Special provision for the assessment of real property and the preparation of assessment rolls in respect of annexed or amalgamated areas.
8. The provision of any service by one party municipality or local board thereof to the whole or any part or parts of any other party municipality or local board thereof, the rates, prices and charges in respect of the service, the manner in which and upon what lands or rateable property the cost of the service is to be levied and raised and the manner in which and upon what lands or rateable property the liabilities in respect of service previously provided by any party municipality are to be discharged.
9. The continuation or otherwise of the official plan or by-laws in annexed or amalgamated areas.
10. The requirement for and the methods of arbitration with respect to any issue.
11. The adjustment of assets and liabilities as between any party municipalities or local boards thereof, including unpaid taxes and the right to collect such taxes.
12. The creation, amalgamation and dissolution of any local boards of party municipalities and provision for the adjustment of assets and liabilities of such local boards.
13. The establishment of special areas within any party municipality that are to be subject to special rates and charges, including the adjustment of the rights, claims, liabilities and obligations of the ratepayers of any such areas and the extent to which the liabilities of any party municipality shall be discharged by the imposition of rates upon the rateable property in such areas.
14. The payment of money or the transfer of real property from any party municipality or local board thereof to any other party municipality or local board thereof including the payment of compensating grants by any party municipality or local board thereof to any other party municipality or local board.
15. The composition and term of office of the council of any party municipality or of any local board thereof.
15.1 The number of votes the members of the council of any party municipality or of any local board thereof shall have on that council or local board and the number of votes may vary between members on the same council or local board.
16. The division or redivision of any party municipality into wards.
17. The holding of elections in part or all of any party municipality, the qualifications of candidates and electors, the preparation of polling lists, the fixing of nomination day, the fixing of days for first meetings of councils and local boards and for such other matters as the Lieutenant Governor in Council considers necessary to provide for the effective administration of any party municipality or of any local board thereof.
18. The change in status of any party municipality.
19. The authority for any party municipality to use, acquire or service land located in another party municipality.
20. The deeming of agreements in respect of the matters mentioned in paragraphs 6, 8 and 14 to be matters within the meaning of subsection 147 (2) of the Municipal Act.
21. The level at which payment may be made to a party municipality by any ministry under any program of that ministry.
22. The transitional protection of employees of party municipalities and local boards thereof.
23. Where the holder of an operating licence under the Public Vehicles Act is adversely affected, the payment of compensation by a party municipality to the holder of the licence in respect of such adverse effect.
24. The exercise, or the withholding of the exercise, by any party municipality of its powers under any general or special Act. R.S.O. 1990, c. M.49, s. 14; 1991, c. 15, s. 40; 1994, c. 23, s. 67.
Exemption from taxation not affected
15. An order under section 14 does not affect any exemption or partial exemption from taxation or rates or provision therefor in any general or special Act. R.S.O. 1990, c. M.49, s. 15.
Application of Assessment Act
16. Section 20 of the Assessment Act applies to lands situated in any service area created under paragraph 8 or 13 of section 14 in respect of taxation or rates levied under or by virtue of an order made under section 14 as if the service area were the whole municipality. R.S.O. 1990, c. M.49, s. 16.
Notice of intention to make order
17. (1)No order shall be made under section 14 until twenty-eight days after the Clerk of the Executive Council has given public notice by publication in a newspaper or newspapers having general circulation in the party municipalities of the intention to make the order. R.S.O. 1990, c. M.49, s. 17 (1).
Filing of objection
(2)Any person may file notice of objection to the proposed issuance of an order with the Clerk of the Executive Council within the period of twenty-eight days, and the objection shall be in writing and give reasons therefor. R.S.O. 1990, c. M.49, s. 17 (2).
Where objections received
18. Where objections are received under subsection 17(2), no order shall be made until the Lieutenant Governor in Council has done one or more of the following:
1. Referred any matter to which objection has been made to the party municipalities for consideration and to determine whether the intermunicipal agreement may be adjusted to meet the objection or objections.
2. Sought the advice of an Issues Review Panel with respect to one or more of the objections.
3. Appointed one or more hearing officers to hear any objections and, following a hearing under rules of procedure adopted by the hearing officer or officers, to make recommendations thereon.
4. Referred one or more objections to the Municipal Board to hear such objection or objections, and after a hearing, to make recommendations thereon.
5. Decided that the objection or objections is or are outweighed by the public interest. R.S.O. 1990, c. M.49, s. 18.
Rescinding, altering, etc., of order
19. Where in the opinion of the Minister an order made under section 14 does not fully carry out the intent and purpose that was intended, the Lieutenant Governor in Council may on the recommendation of the Minister, amend or revoke any such order and, unless the Lieutenant Governor in Council determines otherwise, section 17 does not apply to any such subsequent order. R.S.O. 1990, c. M.49, s. 19.
Financial assistance
20. (1)The Lieutenant Governor in Council may provide financial assistance to any party municipality in respect of the costs incurred by the municipality in carrying out studies related to the issue or issues raised by an application. R.S.O. 1990, c. M.49, s. 20 (1).
Contribution to costs
(2)The Minister may require that the party municipalities contribute to the costs incurred by the Province as the result of an application under section 2, including the costs of studies undertaken, in such proportion as the Minister considers appropriate. R.S.O. 1990, c. M.49, s. 20 (2).
General
21. The Lieutenant Governor in Council, upon the recommendation of the Minister, may authorize all such acts or things not specifically provided for in this Act that in the Minister’s opinion are necessary or advisable to carry out effectively the purposes or intent of this Act. R.S.O. 1990, c. M.49, s. 21.
Delegation
22. Any power or duty conferred on the Minister by section 4, 7, 9 or 10 may be delegated in writing, subject to such limitations, conditions and requirements as the Minister may set out in the delegation, to the Deputy Minister of Municipal Affairs or to any officer of the Ministry of Municipal Affairs who may act in his or her place, and when the Deputy Minister of Municipal Affairs or such officer acts in the place of the Minister, it shall be presumed conclusively that he or she acted in accordance with such delegation. R.S.O. 1990, c. M.49, s. 22.
Transition
23. Subsection 17(2), sections 18, 19, 20 and 21 and subsection 22(2) of the Municipal Act, being chapter 302 of the Revised Statutes of Ontario, 1980, as they read on the 31st day of January, 1982, continue to apply to annexations or amalgamations provided for by statute or Municipal Board order. R.S.O. 1990, c. M.49, s. 23.
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