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Municipality of Metropolitan Toronto Act

R.S.O. 1990, CHAPTER M.62

Note: This Act was repealed on December 6, 2000. See: 2000, c. 26, Sched. K, s. 4.

Amended by: 1991, c. 15, ss. 14-19; 1992, c. 15, ss. 35-55; 1993, c. 2, s. 27; 1993, c. 11, ss. 46-49; 1993, c. 15, s. 34 (2-4); 1993, c. 20, s. 8; 1993, c. 23, s. 69; 1994, c. 23, ss. 77-80; 1994, c. 27, ss. 111, 142; 1994, c. 30; 1994, c. 37, ss. 6, 7; 1996. c. 1, Sched. M, ss. 26-28; 1996, c. 9, s. 28; 1996,c. 32, s. 78; 1996, c. 33, ss. 30-32; 1997, c. 2, s. 28 (1); 1997, c. 16, s. 11; 1997, c. 31, s. 160; 2000, c. 26, Sched. K, s. 4.

CONTENTS

 

    Sections

 

Definitions

1

 

Part

   

I

Incorporation and Council

2-25

II

Assessment

26-28

III

Metropolitan Water Works System

29-52

IV

Metropolitan Sewage Works

53-70

V

Waste Disposal

71-73.1

VI

Metropolitan Road System

74-102

VII

Metropolitan Transportation

103-120

VIII

Education

121-169.3

IX

Regional Library Board

170-174

X

Area Municipalities

175-178

XI

Health and Welfare Services

179-198

XII

Metropolitan Police

199-209

XIII

Licensing Commission

210-218

XIV

Housing and Redevelopment

219-222

XV

Planning

223, 224

XVI

Parks, Recreation Areas, etc.

225-240

XVII

Finances

241-269

XVIII

General

270-289

Schedule

 

______________

DEFINITIONS

Definitions

1.  In this Act,

“area municipality” means the municipality or corporation of the Borough of East York, the City of Etobicoke, the City of North York, the City of Scarborough, the City of Toronto or the City of York; (“municipalité de secteur”)

“bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”)

“chair” means the chair of the Metropolitan Council; (“président”)

“debt” includes obligation for the payment of money; (“dette”)

“highway” and “road” mean a common and public highway, and include a street, bridge, and any other structure incidental thereto; (“voie publique”, “route”)

“land” includes lands, tenements and hereditaments, and any estate or interest therein, and any right of easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”)

“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, local board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of the Metropolitan Corporation or of an area municipality or of two or more area municipalities or portions thereof; (“conseil local”)

“local ward” means a ward established for the purpose of electing a councillor or councillors to the council of an area municipality; (“quartier local”)

“Metropolitan Area” means the area from time to time included within the Borough of East York, the City of Etobicoke, the City of North York, the City of Scarborough, the City of Toronto and the City of York; (“agglomération urbaine”)

“Metropolitan Corporation” means The Municipality of Metropolitan Toronto; (“municipalité de la communauté urbaine”)

“Metropolitan Council” means the council of the Metropolitan Corporation; (“conseil de la communauté urbaine”)

“metropolitan councillor” means a person described in clauses 4 (1) (b) to (g); (“conseiller de la communauté urbaine”)

“metropolitan road” means a road forming part of the metropolitan road system established under Part VI; (“route de la communauté urbaine”)

“metropolitan ward” means a ward established for the purpose of electing a metropolitan councillor to the Metropolitan Council; (“quartier de communauté urbaine”)

“Minister” means the Minister of Municipal Affairs; (“ministre”)

“Ministry” means the Ministry of Municipal Affairs; (“ministère”)

“money by-law” means a by-law for contracting a debt or obligation or for borrowing money, other than a by-law passed under section 247; (“règlement municipal de finance”)

“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)

“roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. M.62, s. 1.

Note: Effective January 1, 1998, Part I (sections 2 to 25) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART I
INCORPORATION AND COUNCIL

Metropolitan Corporation continued

2.  (1) The inhabitants of the Metropolitan Area are continued a body corporate under the name of The Municipality of Metropolitan Toronto in English and La municipalité de la communauté urbaine de Toronto in French.

Deemed municipality under certain Acts

(2) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act.

Deemed municipality under Expropriations Act

(3) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Expropriations Act. R.S.O. 1990, c. M.62, s. 2.

Council to exercise corporate powers

3.  (1) The powers of the Metropolitan Corporation shall be exercised by the Metropolitan Council and, except where otherwise provided, the jurisdiction of the Metropolitan Council is confined to the Metropolitan Area.

By-laws

(2) Except where otherwise provided, the powers of the Metropolitan Council shall be exercised by by-law.

Not to be quashed as unreasonable

(3) A by-law passed by the Metropolitan Council in the exercise of any of its powers and in good faith shall not be open to question, or be quashed, set aside or declared invalid either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them. R.S.O. 1990, c. M.62, s. 3.

4.  (1)-(5) REPEALED: 1996, c. 32, s. 78 (1).

Eligibility for office of metropolitan councillor

(6) A person is eligible to be elected a metropolitan councillor for an area municipality if he or she is eligible to be elected a member of the council of that area municipality under the Municipal Elections Act, or to be appointed to fill a vacancy in the office of a member so elected, but no person, except a head of the council of an area municipality, may be a member of the Metropolitan Council and the council of an area municipality at the same time. R.S.O. 1990, c. M.62, s. 4 (6).

By-law re wards

5.  (1) Metropolitan Council may pass a by-law dividing or redividing the Metropolitan Area into wards.

Public notice and meeting

(2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria

(3) Metropolitan Council shall have regard to the prescribed criteria for establishing ward boundaries.

Same

(4) The Minister may, by regulation, establish criteria for the purpose of subsection (3).

Effective date

(5) A by-law passed under this section or an order made under this or any other Act dividing the Metropolitan Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(6) Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996, a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election.

Conflict

(7) If there is a conflict between this section and any provision dealing with municipal wards that is contained in a public or private Act, this section prevails.

Existing proceedings continued

(8) An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 78 (2) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it read on the day before the coming into force of that subsection.

Existing wards continued

(9) Until a by-law passed under this section comes into force, the wards existing on the day before the coming into force of subsection 78 (2) of the Better Local Government Act, 1996 are unaffected.

Appeals

(10) Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1).

Petitions

(11) Section 13.2 of the Municipal Act applies to the Metropolitan Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards. 1996, c. 32, s. 78 (2).

Election of chair

6.  (1) At the first meeting of the Metropolitan Council in each year after a regular election at which a quorum is present, the Metropolitan Council shall organize as a council and elect as chair a metropolitan councillor to hold office for the term of the council and until his or her successor is elected or appointed in accordance with this Act.

Secret ballot

(2) The chair may be elected by secret ballot if so decided by resolution of the Metropolitan Council.

Clerk to preside

(3) The clerk of the Metropolitan Corporation shall preside at each such first meeting or, if there is no clerk, the members present shall select a member to preside, and the person so selected may vote as a member.

Adjournment

(4) If, at such first meeting after a regular election, a chair is not elected, the presiding officer may adjourn the meeting and, if a chair is not elected at any adjourned meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a metropolitan councillor as chair to hold office for the term of the council and until his or her successor is elected or appointed in accordance with this Act. R.S.O. 1990, c. M.62, s. 6.

First meeting of Metropolitan Council

7.  (1) The first meeting of the Metropolitan Council after a regular election shall be held not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. M.62, s. 7 (1); 1994, c. 23, s. 77.

First meeting of area councils

(2) Despite any other general or special Act, the first meeting of the council of each area municipality after a regular election shall be held not later than the seventh day following the day on which the term of office in respect of which the election was held commences.

Certification of qualification

(3) Where a person is elected as a member of the Metropolitan Council or is elected or appointed as mayor of an area municipality, the clerk of the area municipality forthwith after the election or appointment, shall certify under the seal of the area municipality to the clerk of the Metropolitan Corporation the name of each person who has been so elected or appointed, and the person shall not take the seat on the Metropolitan Council to which the person has become entitled until the clerk of the Metropolitan Corporation has received such a certificate in respect of that person.

Declaration of office

(4) No business shall be proceeded with at the first meeting until after the declarations of office in Form 3 of the Municipal Act have been made by all members who present themselves for that purpose.

When Council deemed organized

(5) The Metropolitan Council shall be deemed to be organized when the declarations of office have been made by at least eleven members, and it may be organized and business may be proceeded with despite the failure of any of the other members to make such declarations. R.S.O. 1990, c. M.62, s. 7 (2-5).

Meetings

8.  Subject to section 7, all meetings of the Metropolitan Council shall be held within the Metropolitan Area. 1994, c. 23, s. 78.

Quorum, voting

9.  (1) A majority of the members of the Metropolitan Council is necessary to form a quorum, and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. R.S.O. 1990, c. M.62, s. 9 (1); 1991, c. 15, s. 14.

Votes

(2) Each member of the Metropolitan Council has only one vote. R.S.O. 1990, c. M.62, s. 9 (2).

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the Metropolitan Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the Metropolitan Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 78 (3).

Term of office, heads of council

10.  The members of the Metropolitan Council who are heads of council hold office while they hold the office that entitled them to such membership. R.S.O. 1990, c. M.62, s. 10.

Vacancies, chair

11.  (1) When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, a metropolitan councillor shall be appointed by the Lieutenant Governor in Council to hold office as chair for the remainder of the term of his or her predecessor.

Idem

(2) Where a vacancy occurs in the office of the chair who has been elected under subsection 6 (1), the Metropolitan Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who shall be a metropolitan councillor to hold office for the remainder of the term of his or her predecessor.

Idem

(3) If the Metropolitan Council fails to elect a chair within twenty days as required by subsection (2), the Lieutenant Governor in Council may appoint a metropolitan councillor as chair to hold office for the remainder of the term of his or her predecessor.

Application of the Municipal Act

(4) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the Metropolitan Council.

Resignation from Metropolitan Council

(5) A member of the Metropolitan Council, with the consent of the majority of the members present at a meeting entered upon the minutes of it, may resign from office and seat on the Council which shall then be vacant, but he or she shall not vote on a motion as to his or her own resignation and if the Council does not accept the resignation it is of no effect.

Where vacancy occurs

(6) If not already vacant by virtue of any general or special Act,

(a) the seat of a member of the Metropolitan Council becomes vacant if the seat of that member on the council of an area municipality is declared vacant by the council of that area municipality; and

(b) the seat of a metropolitan councillor becomes vacant if the seat of that member on the Metropolitan Council is declared vacant by the Metropolitan Council.

Declaration of vacancy

(7) Where the Metropolitan Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (8), and subsection (6) applies, the Metropolitan Council or the council of the area municipality, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council.

Idem

(8) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the Metropolitan Council shall forthwith declare the seat of that member on the council to be vacant. R.S.O. 1990, c. M.62, s. 11 (1-8).

Vacancies

(9) Where a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is a metropolitan councillor,

(a) the Metropolitan Council shall appoint a person to fill that vacancy, and sections 45 and 47 of the Municipal Act apply with necessary modifications to the filling of every such vacancy; or

(b) the clerk of the area municipality for which the vacancy occurs shall hold an election to fill the vacancy in accordance with section 65 of the Municipal Elections Act, 1996,

as determined by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 11 (9); 1996, c. 32, s. 78 (4, 5).

Idem

(10) Where a vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is a metropolitan councillor, the Metropolitan Council shall fill every such vacancy and subsection 46(3) of the Municipal Act applies with necessary modifications to the filling of the vacancy. R.S.O. 1990, c. M.62, s. 11 (10); 1996, c. 32, s. 78 (6).

Where head of council incapacitated

(11) In the event that the head of a council of an area municipality is for any incapacity unable to fulfil the duties as a member of the Metropolitan Council for a period exceeding one month, the council of the area municipality may by by-law appoint one of its members as an alternate representative to the Metropolitan Council who shall act in the place and stead of the head of council during the incapacity but no such by-law shall have effect for a period longer than one month from its effective date.

Election expenses

(12) The Metropolitan Corporation shall pay all reasonable expenses incurred by the area municipality with respect to the election under clause (9) (b).

Resignation of chair

(13) The chair may resign his or her office by notice in writing filed with the clerk of the Metropolitan Corporation and the office then becomes vacant.

Vacancy when council not in session

(14) Where for any cause a vacancy occurs in the office of the chair when the Metropolitan Council is not in session, the clerk of the Metropolitan Corporation shall forthwith notify the members of the vacancy and, if required in writing to do so by a majority of them, the clerk shall call a special meeting of the Metropolitan Council to fill the vacancy. R.S.O. 1990, c. M.62, s. 11 (11-14).

Sale of surplus land

12.  (1) The Metropolitan Council may by by-law authorize the Executive Committee for such period or periods of time and upon such terms and conditions as the by-law specifies to sell land which the Metropolitan Council has declared to be no longer required for the purposes of the Metropolitan Corporation.

Application of Municipal Act

(2) Section 193 of the Municipal Act applies with necessary modifications to the Executive Committee in the exercise of an authority provided for in subsection (1).

Report

(3) The Executive Committee shall report each sale made under subsection (1) to the Metropolitan Council not later than the second regular meeting of the Metropolitan Council next following the closing of each sale. R.S.O. 1990, c. M.62, s. 12.

Committees

13.  (1) The Metropolitan Council may establish standing or other committees, including an executive committee, and assign to them such duties as it considers expedient.

Chair of executive committee

(2) Where the Metropolitan Council establishes an executive committee, the chair of the Metropolitan Council shall be the chair of and a member of such committee.

Delegation to executive committee

(3) If the Metropolitan Council establishes an executive committee, the Metropolitan Council may by by-law,

(a) authorize the executive committee to exercise the powers set out in section 12 and subsection 102 (3); and

(b) delegate authority to the executive committee under section 223. R.S.O. 1990, c. M.62, s. 13.

Conduct of members

14.  The Metropolitan Council may pass by-laws governing the conduct of its members. 1994, c. 23, s. 79.

Who to be head of council

15.  The chair is the head of the Metropolitan Council and the chief executive officer of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 15.

Chief administrative officer

16.  (1) The Metropolitan Council may by by-law appoint a chief administrative officer, who,

(a) shall have such general control and management of the administration of the government and affairs of the Metropolitan Corporation and perform such duties as the Metropolitan Council by by-law prescribes;

(b) shall be responsible for the efficient administration of all its departments to the extent that he or she is given authority and control over them by by-law; and

. . . . .

(d) shall receive such salary as the Metropolitan Council by by-law determines. R.S.O. 1990, c. M.62, s. 16 (1); 1992, c. 15, s. 35 (1).

(2) REPEALED: 1992, c. 15, s. 35 (2).

Application of Municipal Act

17.  (1) Sections 57, 58, 59, 61, 62, subsection 83 (1), sections 106, 127, 134 to 138, 205, 206, paragraphs 48 and 49 of section 207, and sections 242 to 248, 251 to 254 of the Municipal Act apply with necessary modifications to the Metropolitan Corporation.

Idem

(2) Section 55 and subsections 69 (2) and (3) of the Municipal Act apply with necessary modifications to the Metropolitan Council and to every local board of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 17.

Clerk’s appointment and duties

18.  (1) The Metropolitan Council shall appoint a clerk, whose duty it is,

(a) to record truly in a book, without note or comment, all resolutions, decisions and other proceedings of the Metropolitan Council;

(b) when a recorded vote is requested by a member, to record the name and vote of every member voting on any matter or question;

(c) to preserve and file all accounts acted upon by the Metropolitan Council;

(d) to keep in his or her office, or in the place appointed for that purpose, the originals of all by-laws and of all minutes of the proceedings of the Metropolitan Council and its committees; and

(e) to perform such other duties as may be assigned by the Metropolitan Council.

Deputy clerk

(2) The Metropolitan Council may appoint a deputy clerk who shall have all the powers and duties of the clerk.

Acting clerk

(3) When the office of clerk is vacant or the clerk is unable to carry on his duties, through illness or otherwise, the Metropolitan Council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk. R.S.O. 1990, c. M.62, s. 18.

Minutes, etc., to be open to inspection and copies to be furnished

19.  (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable hours, inspect any of the records, books or documents mentioned in section 18 and the minutes and proceedings of any committee of the Metropolitan Council, whether the acts of the committee have been adopted or not, and other documents in the possession or under the control of the clerk, and the clerk shall, within a reasonable time, furnish copies of them, certified under his or her hand and the seal of the Metropolitan Corporation, to any applicant on payment at such rate as the Metropolitan Council may by by-law establish. R.S.O. 1990, c. M.62, s. 19 (1); 1992, c. 15, s. 36.

Copies certified by clerk to be receivable in evidence

(2) A copy of any record, book or document in the possession or under the control of the clerk, purporting to be certified under his or her hand and the seal of the Metropolitan Corporation, may be filed and used in any court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed the same, and without further proof, unless the court otherwise directs. R.S.O. 1990, c. M.62, s. 19 (2).

Treasurer

20.  (1) The Metropolitan Council shall appoint a treasurer who shall keep the books, records and accounts of the Metropolitan Corporation and who shall perform such other duties as may be assigned to him or her by the Metropolitan Council.

Deputy treasurer

(2) The Metropolitan Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer.

Acting treasurer

(3) When the office of treasurer is vacant or the treasurer is unable to carry on his or her duties, through illness or otherwise, the Metropolitan Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer. R.S.O. 1990, c. M.62, s. 20.

To receive and take care of and disburse money, etc.

21.  (1) The treasurer shall receive and safely keep all money of the Metropolitan Corporation, and shall pay out the same to such persons and in such manner as the law of Ontario and the by-laws or resolutions of the Metropolitan Council direct, provided that every cheque issued by the treasurer shall be signed by the treasurer and by some other person or persons designated for the purpose by by-law or resolution of the Metropolitan Council.

Alternative method of signing cheques

(2) Despite subsection (1), the Metropolitan Council may by by-law designate one or more persons to sign cheques in lieu of the treasurer and may by by-law provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written, stamped, lithographed, or engraved on cheques.

Treasurer’s liability limited

(3) The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the Metropolitan Council, unless another disposition of it is expressly provided for by statute.

Deposit accounts

(4) The treasurer shall open an account or accounts in the name of the Metropolitan Corporation at such place of deposit as may be approved by the Metropolitan Council and shall deposit therein all money received by him or her on account of the Metropolitan Corporation, and he or she shall keep the money of the Metropolitan Corporation entirely separate from his or her own money.

Monthly statement of money

(5) The treasurer shall prepare and submit to the Metropolitan Council, monthly, a statement of the money at the credit of the Metropolitan Corporation.

Notice to sureties

(6) Where the treasurer is removed from office or absconds, the Metropolitan Council shall forthwith give notice to his or her sureties. R.S.O. 1990, c. M.62, s. 21.

Appointment of auditors

22.  (1) The Metropolitan Council shall by by-law appoint for a term of five years or less one or more auditors licensed under the Public Accountancy Act who shall audit the accounts and transactions of the Metropolitan Corporation and of every local board of the Metropolitan Corporation, except The Metropolitan Toronto School Board. 1991, c. 15, s. 15.

Cost of audit

(2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the Metropolitan Corporation and charged back to the local board, and in the event of a dispute as to the amount of the cost the Ministry may upon application finally determine the amount thereof.

Disqualification of persons as auditors

(3) No person shall be appointed as an auditor of the Metropolitan Corporation who is or during the preceding year was a member of the Metropolitan Council or of the council of an area municipality or of any local board the accounts and transactions of which it would be an auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the Metropolitan Corporation or an area municipality or any such local board, or any employment with any of them other than for services within his or her professional capacity.

Duties of auditor

(4) An auditor shall perform such duties as are prescribed by the Ministry, and also such duties as may be required by the Metropolitan Council or any local board of the Metropolitan Corporation that do not conflict with the duties prescribed by the Ministry.

Auditors may administer oaths

(5) An auditor may administer an oath to any person concerning any account or other matter to be audited.

Audit of accounts before payment

(6) The Metropolitan Council may provide that all accounts shall be audited before payment. R.S.O. 1990, c. M.62, s. 22 (2-6).

Employees

23.  (1) The Metropolitan Council may pass by-laws for appointing such officers and employees as it may consider necessary for the purposes of the Metropolitan Corporation, or for carrying into effect any Act of the Legislature or by-law of the Metropolitan Council, and for fixing their remuneration and prescribing their duties, and the security to be given for the performance of them. R.S.O. 1990, c. M.62, s. 23 (1).

(2) REPEALED: 1992, c. 15, s. 37.

Application of Municipal Act

24.  (1) Sections 92 and 94, subsections 96 (4) and (5), sections 98 and 117 and paragraphs 46, 47 and 48 of section 207 of the Municipal Act apply with necessary modifications to the Metropolitan Corporation.

Costs of local board, etc., in any proceeding

(2) Despite any other Act, in any proceeding to which a local board of the Metropolitan Corporation or any other body established by or under this Act is a party, costs adjudged to the local board or other body shall not be disallowed or reduced merely because the solicitor or the counsel who earned such costs, or in respect of whose services the costs are charged, was a salaried officer of such board or other body or of the Metropolitan Corporation performing such services in the discharge of his or her duty and remunerated therefor by his or her salary or for that or for any other reason was not entitled to recover any costs from the local board or other body in respect of the services so rendered and the costs recovered by or on behalf of the local board or other body in any such case shall be paid into the general funds of the local board or other body or of the Metropolitan Corporation.

Pensions

(3) In addition to its powers in subsection (1), the Metropolitan Council may pass by-laws for providing pensions for employees, or any class thereof, and their spouses and children.

Definition

(a) In this subsection,

“employee” means any salaried officer, clerk, worker, servant or other person in the employ of the Metropolitan Corporation or any local board thereof, or of any area municipality or local board thereof, or of the Toronto and York Roads Commission, and includes a member of the Metropolitan Police Force and any person designated as an employee by the Minister.

Two-thirds vote required

(b) No by-law establishing a pension plan or a by-law amending such a by-law shall be passed by the Metropolitan Council under this subsection except on an affirmative vote of at least two-thirds of the Metropolitan Council present and voting thereon.

Agreement necessary

(c) A local board of the Metropolitan Corporation, an area municipality, a local board of an area municipality or the Toronto and York Roads Commission may enter into an agreement with the Metropolitan Corporation providing that a pension plan established under this subsection shall be applicable to employees or any class thereof of such local board, area municipality or the Toronto and York Roads Commission and such agreement may provide for the incorporation of the plan of an area municipality, local board or the Toronto and York Roads Commission with the plan established under this subsection and for the transfer of any credits or assets from one plan to the other, but no pension plan established under this subsection applies to an employee of a local board, area municipality or the Toronto and York Roads Commission unless such an agreement has been entered into.

Deductions from salary, etc.

(d) Where a pension plan established under this subsection is applicable to an employee of a local board of the Metropolitan Corporation or an employee of an area municipality or a local board thereof or the Toronto and York Roads Commission, the local board, area municipality or the Toronto and York Roads Commission, as the case may be, shall deduct, by instalments from the salary, wages or other remuneration of each employee to whom the by-law is applicable, the amount that such employee is required to pay in accordance with the plan and shall pay the amounts deducted to the treasurer of the Metropolitan Corporation.

Employer contributions

(e) Where a pension plan established under this subsection is applicable to an employee of a local board of the Metropolitan Corporation or an employee of an area municipality or a local board thereof or the Toronto and York Roads Commission, the local board or area municipality or the Toronto and York Roads Commission shall pay to the treasurer of the Metropolitan Corporation the employer contributions in respect of such employee in accordance with the plan.

Funds deemed bodies corporate

(4) The Metropolitan Toronto Pension Plan and the Metropolitan Toronto Police Benefit Fund established by the Metropolitan Council pursuant to this Act, shall, for the purposes only of acquiring, holding and disposing of land in their respective names to carry out the objects of the Plan and Fund, be deemed to be bodies corporate.

Pensions

(5) Where the Metropolitan Corporation or a local board thereof employs a person theretofore employed by an area municipality or a local board thereof, a local board of the Metropolitan Corporation, the County of York or the Toronto and York Roads Commission, the employee shall be deemed to remain an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission for the purposes of any pension plan of such area municipality or local board or of the County of York or the Toronto and York Roads Commission, and shall continue to be entitled to all rights and benefits thereunder as if he or she had remained as an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission, until the Metropolitan Corporation has provided a pension plan for its employees and such employee has elected, in writing, to participate therein or the local board of the Metropolitan Corporation has entered into an agreement under clause (3) (c).

Idem

(6) Until such election or an agreement has been entered into under clause (3) (c), the Metropolitan Corporation or local board thereof shall deduct by instalments from the remuneration of the employee the amount that such employee is required to pay in accordance with the plan of the area municipality or local board or of the County of York or the Toronto and York Roads Commission and the Metropolitan Corporation or local board thereof shall pay to the area municipality or local board or to the County of York or the Toronto and York Roads Commission in instalments,

(a) the amounts so deducted;

(b) the future service contributions payable under the plan by the area municipality or local board or by the County of York or the Toronto and York Roads Commission.

Improved pension benefits

(7) Where a pension plan of an area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission is amended to improve the pension benefits under the plan, the cost of such improvements in respect of an employee who on the day such pension plan is so amended is contributing under subsection (6) to the pension plan, shall, in respect of the service of the employee while employed by the Metropolitan Corporation or by a local board thereof, be determined by the actuary of the plan that is amended, after taking into consideration any excess of the assets of the pension plan over the actuarial liabilities of the plan immediately prior to the amendment, and the cost, except that portion, if any, that is payable by the employee, shall be payable by the Metropolitan Corporation or by a local board thereof over such period of time, subject to the Pension Benefits Act, as may be agreed upon by the municipalities or local boards affected.

Idem

(8) Where the Metropolitan Corporation or a local board thereof does not accept the amount of the actuarial liability determined as provided for in subsection (7) or the period of time in which the cost mentioned in subsection (7) is payable, the municipalities or local boards affected shall appoint an actuary whose opinion on the matter shall be final and binding and, if such municipalities or local boards cannot agree on the appointment of an actuary, the Ministry shall appoint an actuary whose opinion on the matter shall be final and binding.

Accrued benefits under former plan

(9) Upon such election or upon such an agreement being entered into and such an employee becoming a member of the pension plan established by the Metropolitan Corporation, the employee or his or her beneficiaries are entitled on termination of the employee’s services with the Metropolitan Corporation or a local board thereof to all benefits under the pension plan of the area municipality, or of a local board, or of the County of York or of the Toronto and York Roads Commission accrued up to the date of his or her becoming a member of the Metropolitan Corporation pension plan, and the employee’s employment by and service with the Metropolitan Corporation or a local board thereof shall be deemed to be employment by and service with the respective area municipality, or local board, or the County of York or the Toronto and York Roads Commission for the purpose of determining eligibility for any such accrued benefits.

Transfer of funds to Metropolitan Toronto plan

(10) An employee who has become a member of the pension plan of the Metropolitan Corporation or of a local board thereof in accordance with subsection (5) is entitled to elect a transfer of a sum of money to such pension plan from the pension plan of an area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission, in accordance with subsection 117 (5) of the Municipal Act, whether or not such an employee is entitled to a refund from the pension plan of his or her contributions plus any interest thereon and, on the transfer of such a sum of money, the employee and his or her beneficiaries shall cease to have any rights under the pension plan of the area municipality or the local board thereof or of the County of York or of the Toronto and York Roads Commission.

Idem

(11) Where an employee elects a transfer of a sum of money under subsection (10), the sum of money shall be transferred on the termination of the service of the employee with the Metropolitan Corporation or a local board thereof or, at the option of the area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission, at an earlier date.

Sick leave credits

(12) Where the Metropolitan Corporation or local board thereof employs a person theretofore employed by an area municipality or local board thereof or a local board of the Metropolitan Corporation or by the County of York or the Toronto and York Roads Commission, the employee shall be deemed to remain an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission for the purposes of any sick leave credit plan of the area municipality, local board, the County of York or the Toronto and York Roads Commission until the Metropolitan Corporation or local board thereof has established a sick leave credit plan for its employees, whereupon the Metropolitan Corporation or local board thereof shall place to the credit of the employee the sick leave credits standing to his or her credit in the plan of the area municipality or local board or of the County of York or the Toronto and York Roads Commission.

Holidays

(13) Where the Metropolitan Corporation or local board thereof employs a person theretofore employed by an area municipality or local board thereof or a local board of the Metropolitan Corporation or by the County of York or the Toronto and York Roads Commission, the Metropolitan Corporation or local board thereof shall, during the first year of his or her employment by the Metropolitan Corporation or local board thereof, provide for such employee’s holidays with pay equivalent to those to which he or she would have been entitled if he or she had remained in the employment of the area municipality or local board or of the County of York or the Toronto and York Roads Commission.

Application of OMERS to transfer of employment to Metropolitan Corporation or area municipality

(14) A person who was employed by an area municipality or a local board thereof before the 1st day of January, 1967, and who is employed by the Metropolitan Corporation or a local board thereof or by an area municipality or a local board thereof, without intervening employment, shall not be deemed to be a person who enters the employ of an employer within the meaning of clause 9 (1) (a) of the Ontario Municipal Employees Retirement System Act. R.S.O. 1990, c. M.62, s. 24.

Supplementary pensions, members of council

25.  (1) The Metropolitan Council and the council of each area municipality may pass by-laws for providing pensions for members of the Metropolitan Council or the council of the area municipality, as the case may be, and their surviving spouses and children in respect of both current and prior service on council in an amount not exceeding 1.5 per cent of pensionable earnings multiplied by the total number of years and part of a year of credited service up to a maximum of 70 per cent of pensionable earnings when combined with any pension payable under the Ontario Municipal Employees Retirement System Act.

Definitions

(2) In subsection (1),

“credited service” and “pensionable earnings” have the same meaning as in the General regulation made under the Ontario Municipal Employees Retirement System Act.

Prior service

(3) A by-law passed under subsection (1) may provide that a member of council shall contribute up to 50 per cent of any payments required in respect of benefits for prior service on council and that such payments may be on a deferred basis.

Amendments to by-law

(4) A by-law passed under subsection (1) may be amended to vary the amounts of the pensions under that subsection or the payments required by subsection (3).

Two-thirds vote required

(5) No by-law under subsection (1) and no by-law amending such a by-law shall be passed except on an affirmative vote of at least two-thirds of the council present and voting thereon.

Administration

(6) The Metropolitan Corporation or the area municipality, as the case may be, and the Ontario Municipal Employees Retirement Board or any other qualified person may enter into agreements to administer pensions provided under this section.

Idem

(7) The Metropolitan Corporation and any area municipality may enter into agreements to administer pensions provided under this section and such agreement may authorize the Metropolitan Corporation or the area municipality, as the case may be, to enter an agreement under subsection (6) with respect to pensions administered under an agreement made under this subsection.

Deductions

(8) The Metropolitan Corporation or the area municipality, as the case may be, shall deduct by instalments from the remuneration of a member of council the amount that the member is required to pay under the terms of a pension plan established under this section.

Non-application of Ontario Municipal Board Act

(9) Sections 65 and 66 of the Ontario Municipal Board Act do not apply so as to require Municipal Board approval with respect to pensions provided under this section.

Transition

(10) A pension may be provided under this section to a person who was a member of council on the 30th day of November, 1985, although the person is not a member of council on the day the by-law establishing the pension plan is passed and the pension may be paid retroactive to the 1st day of December, 1985. R.S.O. 1990, c. M.62, s. 25.

Note: Effective January 1, 1998, Part II (sections 26 to 28) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART II
ASSESSMENT

Distribution of money paid on termination of fixed assessment agreement

26.  Where the owner of a golf course makes a payment to an area municipality under subsection 23 (4) or (5) of the Assessment Act, the amount paid shall be distributed among the bodies for which the area municipality is required to levy in the proportion that the sum of the levies for each body during the currency of the agreement bears to the sum of the total levies during such period. R.S.O. 1990, c. M.62, s. 26.

Assessment appeals by Metropolitan Toronto School Board

27.  For the purposes of sections 40 and 43 of the Assessment Act,

“school board” includes The Metropolitan Toronto School Board and an agent thereof. R.S.O. 1990, c. M.62, s. 27.

Repeal of partial exemption of dwellings

28.  (1) The council of the City of Toronto and the council of the City of Etobicoke may, without the assent of the electors, repeal any by-law in force in the City providing for the partial exemption of dwellings from taxation or provide for the abolition of such exemption over a period of five years in such manner as the council may determine.

Toronto by-law

(2) Any such by-law in force in the City of Toronto immediately before the 1st day of January, 1967, shall be deemed to be in force in the whole of the City of Toronto until repealed. R.S.O. 1990, c. M.62, s. 28.

Note: Effective January 1, 1998, Part III (sections 29 to 52) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART III
METROPOLITAN WATER WORKS SYSTEM

Establishment of waterworks

29.  For the purpose of supplying to the area municipalities water for the use of the area municipalities and their inhabitants, the Metropolitan Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality or local board thereof, respecting the establishment, construction, maintenance, operation, improvement and extension of a waterworks system. R.S.O. 1990, c. M.62, s. 29.

Assumption of works and main

30.  (1) The Metropolitan Council shall before the 1st day of December, 1953, pass by-laws which shall be effective on the 1st day of January, 1954, assuming as part of the metropolitan waterworks system all works for the production, treatment and storage of water vested in each area municipality or any local board thereof and all trunk distribution mains connected therewith, and on the day any such by-law becomes effective the works and mains designated therein vest in the Metropolitan Corporation.

Idem

(2) A by-law under subsection (1) shall designate and describe the works and trunk distribution mains assumed.

Interpretation

(3) For the purpose of subsection (1), a distribution main shall be deemed to be a trunk distribution main if so declared in the by-law assuming it.

Extension of time

(4) Despite subsection (1), a by-law for assuming any specific work or trunk distribution main may, with the approval of the Municipal Board, be passed after the 1st day of December, 1953, and in that case the by-law becomes effective on the date provided therein.

Metropolitan liability

(5) Where the Metropolitan Corporation assumes a work or trunk distribution main vested in an area municipality or local board,

(a) no compensation or damages shall be payable to the area municipality or local board;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of such work or main, but nothing in this clause requires the Metropolitan Corporation to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work.

Default

(6) If the Metropolitan Corporation fails to make any payment as required by clause (5) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(7) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the work or trunk distribution main assumed, the Municipal Board, upon application, may determine the matter and its decision is final.

Definition

(8) In this section,

“works” means buildings, structures, plant, machinery, equipment and appurtenances, devices, conduits, intakes and outlets and underground construction and installations and other works designed for the production, treatment and storage of water and includes lands appropriated for such purposes and uses. R.S.O. 1990, c. M.62, s. 30.

Existing agreements

31.  (1) Where an area municipality or a local board thereof has agreed with any other municipality to supply water to that other municipality, and the works and trunk distribution mains used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable for the supply of water in accordance with the agreement and is bound by all the terms thereof and the area municipality or local board is relieved of all liability thereunder.

Rates

(2) Despite subsection (1) and despite anything in the agreement, the Municipal Board, upon the application of the Metropolitan Council or the council of the municipality to which the water is supplied, has jurisdiction and power from time to time to confirm, vary or fix the rates charged or to be charged in connection with water supplied under the agreement. R.S.O. 1990, c. M.62, s. 31.

Powers of area municipalities restricted

32.  (1) Where all the works of an area municipality or any local board thereof for the production, treatment and storage of water are assumed by the Metropolitan Corporation, the area municipality or local board shall not thereafter establish, maintain or operate any such works.

Idem

(2) An area municipality that did not operate any such works on the 31st day of December, 1953, shall not, after that date, establish, maintain or operate any such works.

Proviso

(3) Nothing in this section limits the powers of an area municipality or local board thereof respecting the use and distribution of water supplied to such area municipality by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 32.

Supply beyond limits of local municipality

33.  (1) No municipality or local board that is supplied with water by the Metropolitan Corporation shall supply or agree to supply any of such water beyond the limits of the municipality without the approval of the Metropolitan Council.

Proviso

(2) Nothing in subsection (1) prohibits an area municipality or local board from supplying water to another municipality where the area municipality or local board has agreed to supply such water before the 1st day of April, 1953, and the works and trunk distribution mains used or required in carrying out such agreement have not been assumed by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 33.

Regulation of supply, etc.

34.  The Metropolitan Council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from its waterworks system, and every other matter or thing related to or connected therewith that it may be necessary and proper to regulate in order to secure to the inhabitants of the Metropolitan Area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the Metropolitan Corporation with regard to the water so supplied. R.S.O. 1990, c. M.62, s. 34.

Maintenance, management, etc.

35.  The Metropolitan Council may pass by-laws for the maintenance and management of its waterworks system and may also by by-law or resolution fix the charges to meet the cost of any work or service done or furnished for the purposes of the supply of water and the rent of or charges for fittings, apparatus, meters or other things leased or furnished to any municipality or local board. R.S.O. 1990, c. M.62, s. 35.

Rates

36.  (1) The Metropolitan Council may pass by-laws fixing the rates at which water will be supplied to the area municipalities, and the times and places when and where the rates shall be payable.

Idem

(2) In fixing the rates, the Metropolitan Council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to the various area municipalities.

Self-sustaining

(3) The Metropolitan Council shall so fix the rates at which water is supplied to the area municipalities that the revenues of the waterworks system will be sufficient to make the system self-sustaining after providing for such maintenance, renewals, depreciation, debt charges and reserves as the Metropolitan Council may think proper.

Cl.54(1) (k) of the Ontario Municipal Board Act not applicable

(4) Clause 54 (1) (k) of the Ontario Municipal Board Act does not apply with respect to water supplied by the Metropolitan Corporation to an area municipality. R.S.O. 1990, c. M.62, s. 36.

Surcharge on water rates

37.  (1) Despite section 36, the Metropolitan Council may add a surcharge of such percentage as it may determine to the water rates fixed under that section.

Idem

(2) The surcharge shall be deemed not to be revenue of the waterworks system under section 39 and shall be spent on the collection, treatment and disposal of sewage and land drainage received from the area municipalities.

Rate on discharge into sewer system

(3) Where a person obtains water from a private waterworks system and discharges the water into the Metropolitan sewer system or a sewer system draining into the Metropolitan sewer system, the Metropolitan Council may by by-law charge a rate in respect of the water discharged.

Application of s.53

(4) Section 53 applies to this section. R.S.O. 1990, c. M.62, s. 37.

Combined rate

38.  The Metropolitan Council may by by-law impose a single combined rate for all or some of the charges which could otherwise be recovered as a rate, charge or surcharge under section 35, 36 or 37. R.S.O. 1990, c. M.62, s. 38.

Application of certain provisions of the Municipal Act

39.  Subsections 221 (28) to (34) of the Municipal Act apply with necessary modifications to the Metropolitan Council in the imposition of a rate, charge or surcharge under section 31, 35, 36, 37 or 38. R.S.O. 1990, c. M.62, s. 39.

Retail sale prohibited

40.  (1) The Metropolitan Corporation has power to and shall supply water to the area municipalities, but, subject to subsection (2), shall not supply water to any other person.

Sale to other municipalities

(2) The Metropolitan Corporation may enter into a contract for the supply of water to any local or regional municipality outside the Metropolitan Area for its use or for resale to the inhabitants thereof for any period not exceeding twenty years, and may renew such contract from time to time for further periods not exceeding twenty years at any one time, but where a local municipality is included in a regional municipality such contracts may only be entered into with the corporation of the regional municipality. R.S.O. 1990, c. M.62, s. 40.

Books and accounts

41.  The Metropolitan Council shall keep separate books and accounts of the revenues, expenditures, assets and liabilities of its waterworks system in such manner as may be prescribed by the Ministry. R.S.O. 1990, c. M.62, s. 41.

Application of revenues

42.  (1) Despite anything in the Public Utilities Act or any other general or special Act, the revenues of the waterworks system shall be applied only for,

(a) the reduction of any indebtedness assumed or incurred with respect to the system;

(b) the operation, maintenance, renewal, improvement or extension of the system;

(c) the undertaking or financing of works under Part IV or of sewage works of the area municipalities;

(d) the establishment of such reserve funds as the Metropolitan Council considers proper, to be used at any future time for any purpose mentioned in clause (a), (b) or (c) or for the stabilization of rates,

and any surplus revenues not required for such purposes shall remain credited to the waterworks system accounts and shall not form part of the general funds of the Metropolitan Corporation.

Where levy unnecessary

(2) It is not necessary to levy any rate to provide for principal, interest or other payments on account of any debentures issued or assumed by the Metropolitan Corporation for the purposes of the waterworks system except to the extent that the revenues of the system are insufficient to meet the annual payment falling due on account of principal and interest on the debentures. R.S.O. 1990, c. M.62, s. 42 (1, 2).

Investments and income

(3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may be invested only in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(3.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 78 (7).

Note: During a one-year transitional period, beginning on March 6, 1997 and ending on March 6, 1998, the following rules apply:

Subsection 42 (3), as it read on March 5, 1997, continues to apply to investments made before that date. However, an investment made before that date shall not be continued beyond the transitional period unless it is a permitted investment under section 167 of the Municipal Act.

Money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

See: 1996, c. 32, ss. 78 (8-10), 102 (4).

Application of reserve fund

(4) The money forming part of a reserve fund established under subsection (1) shall be applied or expended only for the purposes of the waterworks system. R.S.O. 1990, c. M.62, s. 42 (4).

Disposal of property

43.  (1) Subject to section 50, the Metropolitan Corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the waterworks system that, in the opinion of the Metropolitan Council, is no longer required for the purposes of the waterworks system, but where the property is actually used for the purposes of the waterworks system no such sale, lease or other disposition shall be made without the approval of the Municipal Board.

Proceeds

(2) The proceeds of any such sale, lease or other disposition shall be applied first in redemption and payment of any indebtedness assumed or incurred in respect of the property disposed of, and the balance shall form part of the revenues of the waterworks system. R.S.O. 1990, c. M.62, s. 43.

Temporary shut-offs

44.  (1) The Metropolitan Corporation is not liable for damages caused by the shut-off or reduction of the amount of water supplied to an area municipality in cases of emergency or breakdown or when it is necessary in maintaining or extending the system, but the Metropolitan Council shall wherever possible give to any area municipality reasonable notice of intention to shut off or reduce the supply of water.

No breach of contract

(2) Where the supply of water by the Metropolitan Corporation to an area municipality is interrupted or reduced, the area municipality or its local board may, despite anything in any contract, allocate and distribute its available water among its customers and may interrupt or decrease the delivery of water under any contract, and nothing done under this subsection shall be deemed to be a breach of contract, or entitle any person to rescind any contract or release any guarantor from the performance of the guarantor’s obligation. R.S.O. 1990, c. M.62, s. 44.

Standards for local systems

45.  (1) The Metropolitan Council may pass by-laws establishing standards for and regulating and governing the design, construction and maintenance of local water distribution works by the area municipalities and may provide in any such by-law for the inspection of such local works, and every area municipality and local board shall conform to such by-laws.

Approval of local extensions and connections

(2) No area municipality or local board thereof shall construct or extend any local water distribution works or connect or continue the connection of the same or any part thereof to any work or main of the Metropolitan Corporation without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 45.

Appeal

46.  If the council of an area municipality considers itself aggrieved by the refusal of the Metropolitan Corporation or the Metropolitan Council,

(a) to assume as a metropolitan work any local work;

(b) to construct any extension of the metropolitan distribution system;

(c) to maintain or increase the supply of water to the area municipality;

(d) to approve the construction or extension of any local water distribution works by the area municipality; or

(e) to permit the connection or the continuance of a connection to the metropolitan system,

the council may appeal to the Municipal Board which may make such order as it considers advisable in the matter, and the decision of the Municipal Board is final. R.S.O. 1990, c. M.62, s. 46.

Payment of charges

47.  (1) All rates and charges against an area municipality or local board thereof imposed under the authority of this Part are a debt of the area municipality to the Metropolitan Corporation, and the treasurer of every area municipality shall pay the same to the treasurer of the Metropolitan Corporation at the times and in the amounts specified by by-law of the Metropolitan Council.

Discounts and penalties

(2) The Metropolitan Council may by by-law provide for uniform rates of discount for prompt payment of charges for water supplied to the area municipalities and may by by-law provide for the payment of interest in the event of default of a rate of 15 per cent per year, or such lower rate as the Metropolitan Council determines, while such default continues. R.S.O. 1990, c. M.62, s. 47.

Transfer of rights over works assumed

48.  The Metropolitan Corporation has, in respect of all works and trunk distribution mains assumed as part of the metropolitan waterworks system, all the rights, powers, benefits and advantages conferred either by by-law or contract or otherwise upon the area municipality or area municipalities or their local boards with respect to such works or mains before they were assumed by the Metropolitan Corporation and the Metropolitan Corporation may sue upon such rights or under such by-laws or agreements in the same manner and to the same extent as the area municipality or municipalities or local board or boards might have done if such works or mains had not been assumed. R.S.O. 1990, c. M.62, s. 48.

Inspection of local works

49.  Any person authorized by the Metropolitan Council has free access from time to time, upon reasonable notice given and request made, to all works for the production and distribution of water within an area municipality and to all lands, buildings and premises used in connection therewith and the right upon the like notice and request to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of such local works. R.S.O. 1990, c. M.62, s. 49.

Reversion where mains no longer required

50.  Where a distribution main has been assumed by the Metropolitan Corporation under section 30 and, in the opinion of the Metropolitan Council, is no longer required for the purposes of the metropolitan waterworks system but is, in the opinion of the council of the area municipality in which it is situate, required as a local distribution main by the area municipality, the Metropolitan Council shall by by-law remove the main from the metropolitan waterworks system and transfer it to the area municipality. R.S.O. 1990, c. M.62, s. 50.

Use of metropolitan works

51.  The works and mains assumed by the Metropolitan Corporation under section 30, together with any extensions or additions thereto constructed by the Metropolitan Corporation, may be used by the Metropolitan Corporation for the purpose of supplying and distributing water to any or all of the area municipalities and, subject to subsection 40 (2), to any local municipality outside the Metropolitan Area. R.S.O. 1990, c. M.62, s. 51.

Application of Public Utilities Act

52.  Sections 2, 3, 4, 5, 13, 29, 32, 33, 34, 52, 53, 54 and 56 of the Public Utilities Act apply with necessary modifications to the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 52.

Note: Effective January 1, 1998, Part IV (sections 53 to 70) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART IV
METROPOLITAN SEWAGE WORKS

Definitions

53.  (1) In this Part,

“capital improvement” means an addition to or an extension, enlargement, alteration, replacement or other improvement of a work of such nature or character that it is usually and properly accounted for as a capital asset; (“améliorations des immobilisations”)

“land drainage” means storm, surface, overflow, subsurface or seepage waters or other drainage from land, but does not include sewage; (“eaux d’écoulement”)

“sewage” means domestic sewage or industrial wastes, or both; (“eaux d’égout”)

“sewage works” means an integral system consisting of a sewer or sewer system and treatment works; (“ouvrage d’égouts”)

“sewer” means a public sewer for common usage for the purpose of carrying away sewage or land drainage, or both; (“égout”)

“sewer system” means a system of two or more interconnected sewers having one or more common discharge outlets and includes pumping plant, force mains, siphons and other like works; (“réseau d’égouts”)

“treatment works” means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage or land drainage, or both, and includes land appropriated for such purposes and uses; (“ouvrages d’épuration”)

“work” means a sewer, sewer system, sewage works or treatment works, or a capital improvement of any of them. (“ouvrage”)

Idem

(2) For the purpose of this Part, a sewer, sewer system or sewage works, whether existing or proposed, shall be deemed to be a trunk sewer, trunk sewer system or trunk sewage works, if so declared by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 53.

General powers

54.  For the purpose of collecting or receiving from the area municipalities, or any of them, sewage and land drainage and the treatment or disposal thereof, the Metropolitan Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality or local board thereof. R.S.O. 1990, c. M.62, s. 54.

Construction, etc., of trunk sewage works

55.  The Metropolitan Council may pass by-laws for constructing, maintaining, improving, repairing, widening, altering, diverting and stopping up trunk sewers, trunk sewer systems, trunk sewage works, treatment works and watercourses. R.S.O. 1990, c. M.62, s. 55.

Assumption of treatment works

56.  (1) The Metropolitan Council shall, before the 1st day of December, 1953, pass by-laws which shall be effective on the 1st day of January, 1954, assuming as metropolitan sewage works all treatment works vested in each area municipality or any local board thereof, and on the day any such by-law becomes effective the works designated therein vest in the Metropolitan Corporation.

Other works

(2) The Metropolitan Council may at any time pass by-laws for assuming any trunk sewer, trunk sewer system, or watercourse vested in any area municipality or local board thereof, but no such by-law becomes effective before the 1st day of January, 1954.

Idem

(3) A by-law under subsection (1) or (2) shall designate and describe the works assumed.

Extension of time

(4) Despite subsection (1), a by-law for assuming any specific treatment works may, with the approval of the Municipal Board, be passed after the 1st day of December, 1953, and in that case the by-law becomes effective on the date provided therein.

Metropolitan liability

(5) Where the Metropolitan Corporation assumes a work or watercourse vested in an area municipality or local board,

(a) no compensation or damages shall be payable to the area municipality or local board;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of such work or watercourse, but nothing in this clause requires the Metropolitan Corporation to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work.

Default

(6) If the Metropolitan Corporation fails to make any payment as required by clause (5) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(7) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the work or watercourse assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 56.

Existing agreements

57.  (1) Where an area municipality or a local board thereof has agreed with any other municipality to receive sewage or land drainage from that other municipality, and the works or watercourses used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the receiving municipality or local board is relieved of all liability thereunder.

Idem

(2) Where an area municipality or a local board thereof has agreed with any person other than a municipality to receive sewage or land drainage and the works or watercourses used or required in carrying out such agreement are assumed by the Metropolitan Corporation, the Metropolitan Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the area municipality or local board is relieved of all liability thereunder.

Termination

(3) Despite subsections (1) and (2) and despite anything in any such agreement, the Municipal Board, upon the application of the Metropolitan Council or of the council of any area municipality or of any person concerned, may by order terminate any such agreement and adjust all rights and liabilities thereunder. R.S.O. 1990, c. M.62, s. 57.

Powers of area municipalities restricted

58.  (1) Where all the treatment works of an area municipality or any local board thereof are assumed by the Metropolitan Corporation, the area municipality shall not thereafter establish, maintain or operate treatment works without the approval of the Metropolitan Council.

Idem

(2) No area municipality shall establish or enlarge any treatment works after the 1st day of December, 1953, without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 58.

Regulation of system, etc.

59.  (1) The Metropolitan Council may pass by-laws for the maintenance and management of its sewers, sewer system, sewage works, treatment works and watercourses and regulating the manner, extent and nature of the reception and disposal of sewage and land drainage from the area municipalities and every other matter or thing related to or connected therewith that it may be necessary and proper to regulate in order to secure to the inhabitants of the Metropolitan Area an adequate system of sewage and land drainage disposal.

Control of sewage

(2) The Metropolitan Council has all the authority and powers in respect of any sewers which mediately or immediately enter into sewers or treatment works under the jurisdiction of the Metropolitan Corporation as have councils of local municipalities under paragraph 150 of section 210 of the Municipal Act.

Conflict

(3) In the event of conflict between a by-law passed under subsection (2) by the Metropolitan Council and a by-law passed by the council of the area municipality in which the land is situate under paragraph 150 of section 210 of the Municipal Act, the by-law passed by the Metropolitan Council prevails to the extent of such conflict, but in all other respects the by-law passed by the council of the area municipality remains in full force and effect. R.S.O. 1990, c. M.62, s. 59.

Special benefit

60.  (1) Where in the opinion of the Metropolitan Council an area municipality or a portion thereof will or may derive a special benefit from the construction and operation of a work or watercourse, the Metropolitan Council may, in authorizing the construction, extension or improvement of the work, by by-law provide that the area municipality shall be chargeable with and shall pay to the Metropolitan Corporation such portion of the capital cost thereof as the by-law specifies, and such by-law is binding on the area municipality.

Debenture payments

(2) Where debentures are issued for the cost of the work, the area municipality chargeable under the by-law shall make payments to the Metropolitan Corporation with respect to such debentures proportionate to its share of the capital cost as set out in the by-law in the same manner as if debentures for such share had been issued by the Metropolitan Corporation for the purposes of the area municipality.

Raising of money by area municipality

(3) The area municipality may pay the amounts chargeable to it under this section out of its general funds or may pass by-laws under section 221 of the Municipal Act for imposing sewer rates to recover the whole or part of the amount chargeable to the area municipality in the same manner as if the work were being or had been constructed, extended or improved by the area municipality. R.S.O. 1990, c. M.62, s. 60.

Connecting to metropolitan works or watercourses

61.  (1) No municipality or person shall connect any local work, local watercourse, private drain or private sewer to a metropolitan work or watercourse without the approval of the Metropolitan Council.

Agreements with other municipalities

(2) The Metropolitan Corporation may enter into a contract with any local or regional municipality outside the Metropolitan Area to receive and dispose of sewage and land drainage from the local or regional municipality on such terms and conditions as may be agreed upon for any period not exceeding twenty years, and may renew such contract from time to time for further periods not exceeding twenty years at any one time, but where a local municipality is included in a regional municipality such contracts may only be entered into with the corporation of the regional municipality.

Inspection

(3) Any engineer or other officer of the Metropolitan Corporation has power to inspect the plans and specifications of any work referred to in subsection (1) and to inspect the work during its construction and before it is connected with the metropolitan work or watercourse. R.S.O. 1990, c. M.62, s. 61.

Standards for local systems

62.  (1) The Metropolitan Council may pass by-laws establishing standards for and regulating and governing the design, construction and maintenance of local works connected or to be connected to a metropolitan work or watercourse, and every area municipality and local board shall conform to such by-laws.

Approval of local extensions, etc.

(2) No area municipality or local board thereof shall enlarge, extend or alter any local work or watercourse that discharges into a metropolitan work or watercourse without the approval of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 62.

Appeal

63.  If the council of an area municipality considers itself aggrieved by the refusal of the Metropolitan Corporation or the Metropolitan Council,

(a) to assume as a metropolitan work any local work;

(b) to construct, extend or improve any metropolitan work;

(c) to receive any required volume of sewage or land drainage from the area municipality;

(d) to approve the construction, alteration, improvement or extension of a local work;

(e) to permit a connection or the continuance of a connection to any metropolitan work,

the council may appeal to the Municipal Board which may make such order as it considers advisable in the matter, and the decision of the Municipal Board is final. R.S.O. 1990, c. M.62, s. 63.

Special sewage service rates

64.  (1) The Metropolitan Council may pass by-laws, subject to the approval of the Municipal Board, providing for imposing on and collecting from any area municipality, in respect of the whole or any designated part or parts thereof from which sewage and land drainage is received, a sewage service rate or rates sufficient to pay such portion as the by-law may specify of the annual cost of maintenance and operation of any metropolitan work or works.

Idem

(2) All such charges constitute a debt of the area municipality to the Metropolitan Corporation and shall be payable at such times and in such amounts as may be specified by by-law of the Metropolitan Council.

Raising of money by area municipality

(3) The area municipality may pay the amounts chargeable to it under any such by-law out of its general funds or may pass by-laws under section 221 of the Municipal Act for imposing sewage service rates to recover the whole or part of the amount chargeable to the area municipality. R.S.O. 1990, c. M.62, s. 64.

Combined rate

65.  The Metropolitan Council may by by-law impose a single combined rate for the charges which could otherwise be recovered as a charge under section 60 or a rate under section 64. R.S.O. 1990, c. M.62, s. 65.

Contribution towards cost of pollution control projects

66.  The Metropolitan Council may contribute toward the cost to any area municipality of,

(a) the separation of sanitary and storm sewers in the area municipality; and

(b) other water pollution control projects undertaken by the area municipality. R.S.O. 1990, c. M.62, s. 66.

Transfer of rights over works assumed

67.  The Metropolitan Corporation has, in respect of all works assumed, all the rights, powers, benefits and advantages conferred either by by-law or contract or otherwise upon the area municipality or area municipalities or their local boards with respect to such works before they were assumed by the Metropolitan Corporation and the Metropolitan Corporation may sue upon such rights or under such by-laws or agreements in the same manner and to the same extent as the area municipality or municipalities or local board or boards might have done if such works had not been assumed. R.S.O. 1990, c. M.62, s. 67.

Inspection of local works

68.  Any person authorized by the Metropolitan Council has free access from time to time, upon reasonable notice given and request made, to all works within an area municipality and to all lands, buildings and premises used in connection therewith and the right, upon the like notice and request, to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of such local works. R.S.O. 1990, c. M.62, s. 68.

Use of metropolitan works

69.  Any works assumed by the Metropolitan Corporation under the authority of section 56, together with any extensions or additions thereto constructed by the Metropolitan Corporation, may be used by the Metropolitan Corporation for the purpose of receiving and disposing of sewage and land drainage from any or all of the area municipalities and, subject to subsection 61 (2), from any local municipality outside the Metropolitan Area. R.S.O. 1990, c. M.62, s. 69.

Disposal of liquid or solid material

70.  (1) The Metropolitan Council has and shall be deemed always to have had the authority to pass by-laws to provide for receiving and disposing of liquid or solid material that is suitable for treatment in the sewage works of the Metropolitan Corporation and that is transported to those sewage works for receipt and disposal by the Metropolitan Corporation.

Terms and conditions

(2) A by-law under subsection (1) may prescribe the terms and conditions on which material mentioned in subsection (1) will be received and disposed of, and fix charges for receiving and disposing of the material and different conditions and charges may be made applicable in respect of different classes of such material and to different classes of persons transporting such material to the sewage works for receipt and disposal by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 70.

Note: Effective January 1, 1998, Part V (sections 71 to 73.1) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART V
WASTE DISPOSAL

Definitions

71.  (1) In this Part,

“area municipality” includes a local board; (“municipalité de secteur”)

“waste” includes ashes, garbage, refuse and domestic or industrial waste of any kind. (“déchets”) R.S.O. 1990, c. M.62, s. 71 (1).

Facilities re: waste disposal

(2) The Metropolitan Corporation may provide facilities for the receiving, dumping and disposing of waste and for these purposes sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Metropolitan Corporation.

Designation

(3) The Metropolitan Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste.

Restriction

(4) Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 8 (1).

Powers of area municipalities

(5) On and after the 1st day of January, 1967, no area municipality shall exercise any of its powers with respect to the matters provided for in subsection (2) without the consent of the Metropolitan Council.

Assumption of lands for waste disposal

(6) The Metropolitan Council shall, before the 1st day of January, 1967, pass by-laws, which shall be effective on the 1st day of January, 1967, assuming for the use of the Metropolitan Corporation any land, building, structure, machinery or equipment, including vehicles used primarily for the disposal of waste, that the Metropolitan Corporation may require for the purposes of subsection (2) that is vested on the 31st day of March, 1966, in any area municipality and is used on such date for the purposes set out in subsection (2) or that is acquired by any area municipality after the 31st day of March, 1966, and before the 1st day of January, 1967, for such use, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation.

Sale by area municipalities limited

(7) No area municipality, after the 31st day of March, 1966, and before the 1st day of January, 1967, shall without the consent of the Metropolitan Council sell, lease or otherwise dispose of or encumber any property mentioned in subsection (6).

Extension of time

(8) Despite subsection (6), a by-law for assuming any property mentioned in subsection (6), with the approval of the Municipal Board, may be passed after the 1st day of January, 1967, and in that case the by-law shall become effective on the date provided therein.

Liability of Metropolitan Corporation

(9) Where the Metropolitan Corporation assumes any property under subsection (6) or (8),

(a) no compensation or damage shall be payable to the area municipality except as provided in this subsection;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of any property vested in the Metropolitan Corporation under subsection (6) or (8); and

(c) despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due thereafter with respect to any debentures theretofore issued by the Metropolitan Corporation in respect of any property vested in the Metropolitan Corporation under subsection (6) or (8) shall be repaid by levies against all the area municipalities.

Default

(10) If the Metropolitan Corporation fails to make any payment as required by clause (9) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(11) In the event of any doubt as to whether,

(a) any outstanding debenture or portion thereof was issued in respect of any property assumed under subsection (6) or (8); or

(b) any vehicle was used primarily for the disposal of waste,

the Municipal Board, upon application, may determine the matter, and its decision is final.

Local by-laws not applicable to Metropolitan Corporation operations

(12) No by-law of any municipality heretofore or hereafter passed under paragraph 135 of section 210 of the Municipal Act or a predecessor thereof shall apply to the operations of the Metropolitan Corporation under subsection (2).

Existing contracts for disposal of waste

(13) Nothing in this Part affects any contract for the disposal of waste that is existing on the 18th day of May, 1966 between any person and any area municipality, but the Metropolitan Corporation and any such area municipality may enter into an agreement providing that the Metropolitan Corporation shall assume all or part of the liability created by such contract in respect of the disposal of waste. R.S.O. 1990, c. M.62, s. 71 (5-13).

Definition

72.  (1) In this section,

“waste” means waste as defined in section 71.

Grants for waste recycling programs

(2) The Metropolitan Council may make grants, on such terms as it considers expedient, to an area municipality, except a local board, for the establishment or operation of a program of the area municipality for the separation of waste at the source of collection or for the reduction, recovery, recycling or reuse of waste. R.S.O. 1990, c. M.62, s. 72.

Products from industrial waste, etc.

73.  (1) The Metropolitan Corporation may erect, maintain and operate buildings, structures, machinery or equipment for the purpose of recovering, manufacturing, producing, supplying, selling or distributing from domestic or industrial sewage or waste any product, resource, commodity, electrical power or energy, hot water or steam, and for such purposes may,

(a) enter into agreements with any person;

(b) carry on investigations, experiments, research or development;

(c) construct and maintain pipes, apparatus, and equipment on, over, under or across any highway or private property with the consent of the owner of such private property; and

(d) acquire any patent or licence or any interest in any patent or licence, or dispose of any patent or licence by sale or otherwise.

Municipal Franchises Act not to apply

(2) The Municipal Franchises Act does not apply to any act of the Metropolitan Corporation under this section. R.S.O. 1990, c. M.62, s. 73.

Waste management

73.1  Sections 149 to 160 of the Regional Municipalities Act apply, with necessary modifications, to the Metropolitan Corporation and its area municipalities. 1993, c. 20, s. 8 (2).

Note: Effective January 1, 1998, Part VI (sections 74 to 102) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART VI
METROPOLITAN ROAD SYSTEM

Definitions

74.  In this Part,

“approved” means approved by the Minister or of a type approved by the Minister; (“approuvé”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation. (“ministère”) R.S.O. 1990, c. M.62, s. 74.

Metropolitan Road System

75.  (1) The metropolitan road system as it was constituted on the 31st day of December, 1990 is continued except as it may be altered or amended under this Part. R.S.O. 1990, c. M.62, s. 75 (1).

Amendment of by-law

(2) The Metropolitan Council may amend the by-law that established the metropolitan road system from time to time by adding roads to or removing roads from the system or in any other manner. R.S.O. 1990, c. M.62, s. 75 (2); 1994, c. 27, s. 142 (1); 1996, c. 33, s. 30 (1).

Metropolitan roads vested in Metropolitan Corporation

(3) Where a road or a part thereof is added to the metropolitan road system, the soil and freehold of such road or part is thereupon vested in the Metropolitan Corporation.

Roads removed from system

(4) Where a road or a part thereof is removed from the metropolitan road system, except by reason of it being stopped-up pursuant to section 84, such road or part is thereupon transferred to and the soil and freehold thereof is thereupon vested in the corporation of the local municipality in which it is situate. R.S.O. 1990, c. M.62, s. 75 (3, 4).

Consolidating by-law

(5) The Metropolitan Corporation may from time to time pass a by-law consolidating its by-law establishing the metropolitan road system and all by-laws amending such by-law. R.S.O. 1990, c. M.62, s. 75 (5); 1994, c. 27, s. 142 (2); 1996, c. 33, s. 30 (2).

76., 77. REPEALED: 1996, c. 33, s. 31. 

In accordance with requirements of Minister

78.  (1) Every road constructed or repaired as part of the metropolitan road system shall be so constructed and repaired in accordance with the requirements of the Minister. R.S.O. 1990, c. M.62, s. 78.

Reasonable state of repair

(2) The Metropolitan Corporation shall keep every road included in the metropolitan road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location.

Defence

(3) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road’s state of repair.

Same

(4) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(5) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met. 1996, c. 32, s. 78 (11).

Powers over roads assumed

79.  The Metropolitan Corporation has, in respect of the roads or streets included in the metropolitan road system, all the rights, powers, benefits and advantages conferred, and is subject to all liabilities imposed, either by statute, by-law, contract or otherwise upon The Corporation of the County of York or the corporation of the area municipality or the corporations of two or more area municipalities which had jurisdiction over the roads before they were assumed by the Metropolitan Corporation, and the Metropolitan Corporation may sue upon such rights or under such agreements or by-laws in the same manner and to the same extent as the County of York or the area municipality or municipalities, as the case may be, might have done if the roads had not been assumed as metropolitan roads. R.S.O. 1990, c. M.62, s. 79.

Sidewalks excepted

80.  (1) The Metropolitan Corporation is not by reason of assuming a road under this Act liable for the building, maintenance or repair of sidewalks on any metropolitan road or portion thereof, but the area municipality in which such sidewalks are located continues to be liable for the maintenance and repair of such sidewalks and is responsible for any injury or damage arising from the construction or presence of the sidewalks on such road or portion thereof to the same extent and subject to the same limitations to which an area municipality is liable under section 284 of the Municipal Act, in respect of a sidewalk on a road over which a council has jurisdiction.

Area municipalities may construct sidewalks, etc.

(2) The council of an area municipality may construct or put down a sidewalk or other improvement or service on a metropolitan road but no such work shall be undertaken by a municipal corporation or any individual or company without first obtaining the written consent of the Metropolitan Council expressed by resolution.

How cost provided

(3) The cost of any sidewalk constructed on a metropolitan road may be met out of the general funds of the area municipality or the work may be undertaken as a local improvement under the Local Improvement Act.

Area municipality to conform to requirements and be responsible for damages

(4) An area municipality when constructing a sidewalk or other improvements or service on a metropolitan road under this section shall conform to any requirements or conditions imposed by the Metropolitan Council and is responsible for any injury or damage arising from the construction or presence of the sidewalk, improvements or service on the road. R.S.O. 1990, c. M.62, s. 80 (1-4).

(5) REPEALED: 1996, c. 33, s. 31.

Intersection of other roads by metropolitan road

81.  (1) Where a metropolitan road intersects a road that is not a metropolitan road, the continuation of the metropolitan road to its full width across the road intersected, including the bridges and culverts thereon or touching thereon, is a part of the metropolitan road system except in the case of an intersection by a metropolitan road of the King’s Highway, and in that case the full width of the intersection shall be deemed to be part of the King’s Highway.

Where other road carried over or under metropolitan road

(2) Where a road that is not a metropolitan road is carried over or under a metropolitan road by a bridge or other structure, the surface of the road shall be deemed to be under the jurisdiction and control of the authority that has jurisdiction and control over the adjacent portions of the remainder of the road and the Metropolitan Corporation shall not be liable for maintenance and repair of the surface of the road.

Agreements respecting bridges

(3) The Metropolitan Corporation and an area municipality may enter into agreements for sharing the costs of maintaining and repairing a bridge carrying a road that is not a metropolitan road over or under a metropolitan road. R.S.O. 1990, c. M.62, s. 81.

Dedication of lands abutting metropolitan roads for widening purposes

82.  When land abutting on a metropolitan road is dedicated for highway purposes for, or apparently for, the widening of the metropolitan road, the land so dedicated is part of the metropolitan road and the soil and freehold thereof is vested in the Metropolitan Corporation subject to any rights in the soil reserved by the person who dedicated the land. R.S.O. 1990, c. M.62, s. 82.

New roads

83.  Subject to the approval of the Lieutenant Governor in Council, the Metropolitan Council may pass by-laws for establishing and laying out new roads and for amending the by-law establishing the metropolitan road system by assuming such new roads as part of the system, and the provisions of the Municipal Act with respect to the establishment and laying out of highways by municipalities apply with necessary modifications. R.S.O. 1990, c. M.62, s. 83.

Powers and liabilities of Corporation

84.  With respect to the metropolitan roads, the Metropolitan Corporation has all the powers conferred, and is subject to all the liabilities imposed, upon the council or corporation of a city under the Municipal Act, the Highway Traffic Act and any other Act with respect to highways. R.S.O. 1990, c. M.62, s. 84.

Reserved lane for public transit vehicles, etc.

85.  (1) The Metropolitan Council may by by-law designate any lane on any road over which the Council has jurisdiction as a lane solely or principally for use by public transit vehicles, or any class or classes thereof as may be defined in the by-law, and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law and prohibit and regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified. R.S.O. 1990, c. M.62, s. 85 (1); 1992, c. 15, s. 38 (1).

Definition

(2) In subsection (1),

“public transit vehicle” means any vehicle operated by or for the Metropolitan Corporation or any other municipality, including a regional municipality, or by a transit commission, in connection with a regular passenger transportation service, and includes vehicles that run on tracks and vehicles operated in connection with a regular passenger transportation service as specified in the by-law. 1992, c. 15, s. 38 (2).

Signal-light traffic control systems

86.  (1) Subject to the Highway Traffic Act, the Metropolitan Corporation may,

(a) install signal-light traffic control systems on any highway in the Metropolitan Area;

(b) operate all signal-light traffic control systems heretofore or hereafter installed in the Metropolitan Area;

(c) control its signal-light traffic control systems by electronic computers; and

(d) regulate traffic on highways in the Metropolitan Area within 30.5 metres of any signal-light traffic control system and for such purpose the Metropolitan Corporation is deemed to be a municipality under section 195 of the Highway Traffic Act.

Conflict with area by-laws

(2) When a by-law passed under subsection (1) regulating traffic on any part of a highway in the Metropolitan Area is in force, any by-law passed by an area municipality that conflicts therewith has no effect to the extent of such conflict.

Area municipalities not to operate signal systems

(3) No area municipality may install or operate signal-light traffic control systems in the Metropolitan Area.

Signal-lights vested in Metropolitan Corporation

(4) All signal-light traffic control systems installed on highways in the Metropolitan Area are vested in the Metropolitan Corporation, and no compensation therefor shall be paid by the Metropolitan Corporation to any area municipality. R.S.O. 1990, c. M.62, s. 86.

Names of highways

87.  (1) Where the name of a highway is a duplication or is similar to the name of another highway in the Metropolitan Area, the Metropolitan Council may pass by-laws for changing the name of any such highway, and no area municipality thereafter has power to change the name of such highway.

When by-law effective

(2) A by-law passed under subsection (1) shall recite the fact of such duplication or similarity, and the change shall take effect when a certified copy of the by-law is registered in the proper land registry office. R.S.O. 1990, c. M.62, s. 87.

Speed limits on metropolitan roads

88.  (1) The Metropolitan Council may by by-law prescribe a lower or higher rate of speed for motor vehicles driven upon any metropolitan road or any portion of a metropolitan road than is prescribed in subsection 128 (1) of the Highway Traffic Act, but such rate of speed shall not be less than 40 kilometres per hour or more than 100 kilometres per hour.

Marking of roads

(2) The metropolitan roads or portions thereof affected by a by-law passed under subsection (1) shall be marked to comply with the regulations made under the Highway Traffic Act. R.S.O. 1990, c. M.62, s. 88.

Speed limits in metropolitan parks

89.  The Metropolitan Council may by by-law prescribe the rate of speed for motor vehicles driven on lands vested in the Metropolitan Corporation under Part XVI in accordance with subsection 128 (4) of the Highway Traffic Act. R.S.O. 1990, c. M.62, s. 89.

Use of sidewalks, etc., metropolitan roads

90.  (1) The Metropolitan Council may by by-law empower the council of any area municipality to pass by-laws for the leasing or licensing of the use of the whole or any part of or all sidewalks and untravelled portions of Metropolitan roads within the area municipality for such purposes and upon such terms and conditions as are specified by the Metropolitan Council in the by-law.

Application of Part XIX of Municipal Act

(2) Part XIX of the Municipal Act applies with necessary modifications to any by-law passed by the council of an area municipality under the authority of a by-law passed by the Metropolitan Council under subsection (1). R.S.O. 1990, c. M.62, s. 90.

By-laws respecting street vending

90.1  The Metropolitan Council and the council of each area municipality may pass by-laws,

(a) designating all or any part of a highway under their jurisdiction, including the sidewalk portion, as a removal zone;

(b) designating any area in which all highways under their jurisdiction, or portions thereof, are removal zones;

(c) prohibiting the placing, stopping or parking in a removal zone of any object or vehicle used to sell or offer for sale goods or refreshments;

(d) designating spaces in removal zones within which, despite clause (c), goods or refreshments may be sold or offered for sale; and

(e) establishing a permit system granting the exclusive use of any designated space to the owner of an object or vehicle used to sell goods or refreshments. 1994, c. 30, s. 1.

Contents of by-law

90.2  (1) A by-law passed under section 90.1 may,

(a) prescribe the types of goods or refreshments that may be offered for sale or sold and the types of objects and vehicles permitted in the designated space which may be different for each designated space, and prohibit any type;

(b) establish design criteria for the object or vehicle permitted in the designated space;

(c) define “goods”, “owner” and “refreshments”; and

(d) exempt any type of vendor from all or part of the by-law.

Permits

(2)A by-law passed under section 90.1 may,

(a) prescribe conditions for the issuance and continued use of a permit;

(b) establish permit fees which may vary by location or type of goods sold;

(c) fix the term of the permit which may vary with each permit;

(d) provide for the issuance of identifying markers in connection with the permits and specify the manner in which they are to be applied;

(e) prohibit or restrict the transfer of permits;

(f) establish the method of allocating designated spaces;

(g) require that the applicant for a permit hold, or be eligible to hold, any applicable licence issued by the Metropolitan Licensing Commission for selling the goods or refreshments proposed to be sold from the designated space;

(h) regulate the hours of operation permitted under the permit, which may vary according to the location of the designated space; and

(i) restrict the issuance of defined classes of permits to vendors who are the owners or occupants of abutting property. 1994, c. 30, s. 1.

Suspension, revocation

90.3  (1)The Metropolitan Council and the council of each area municipality, or a committee of such council, may suspend or revoke a permit issued by it if the conditions for its issuance or use are not complied with or for any other reason specified by the by-law.

Hearing

(2)Before suspending or revoking a permit, the council or the committee shall give the permit holder an opportunity to be heard.

Refund

(3)If a permit is revoked under subsection (1), that part of the fee paid for the permit proportionate to the unexpired part of the term for which the permit was granted shall be refunded to the permit holder.

Special circumstances

(4)A municipal official named in the by-law may suspend, without holding a hearing, the designation of all or part of a removal zone, the designation of a space or the operation of a permit for such time and subject to such conditions as the by-law may provide, due to,

(a) the holding of special events;

(b) the construction, maintenance or repair of any public highway;

(c) the installation, maintenance or repair of public utilities and services; or

(d) matters relating to pedestrian, vehicular or public safety.

Duration

(5)A suspension under subsection (4) shall not exceed four weeks from the date of suspension. 1994, c. 30, s. 1.

Enforcement

90.4  (1) In this section,

“Municipality” means the municipality which has enacted a by-law passed under section 90.1 in respect of a particular highway, and includes the Metropolitan Corporation.

Inspection, removal

(2)A police officer, police cadet, municipal by-law enforcement officer or any person authorized by by-law to enforce a by-law passed under section 90.1 who has reason to believe that any object or vehicle is placed, stopped or parked in a designated space or a removal zone in contravention of the by-law,

(a) may, upon producing appropriate identification, require that a valid permit issued by the Municipality be produced for reasonable inspection; and

(b) if no valid permit is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in a removal zone or designated space contrary to the by-law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place.

Lien

(3)Subject to subsections (4) and (5), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon it which may be enforced by the Municipality in the manner provided by the Repair and Storage Liens Act.

Unclaimed objects

(4)An object or vehicle removed and stored in accordance with subsection (2) and not claimed by the owner within 60 days is 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)Any perishable object is the property of the Municipality upon being removed from the removal zone or designated space in accordance with subsection (2) and may be destroyed or given to a charitable institution. 1994, c. 30, s. 1.

Metropolitan highways

90.5  A by-law passed by an area municipality under section 90.l may apply to any highway or portion of a highway within the metropolitan road system if the Metropolitan Council has passed a by-law with respect to that highway under section 90. 1994, c. 30, s. 1.

Agreements for pedestrian walks

91.  The Metropolitan Corporation may by by-law authorize agreements between the Metropolitan Corporation and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highway upon such terms and conditions as may be agreed and for contributing to the whole or any part of the cost thereof and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such considerations and upon such terms and conditions as may be agreed. R.S.O. 1990, c. M.62, s. 91.

Planting trees

92.  The Metropolitan Council may plant trees on a metropolitan road and the cost of the work shall be deemed to be part of the cost of repairing and maintaining the road. R.S.O. 1990, c. M.62, s. 92.

Disputes as to maintenance, etc., of bridges and highways

93.  (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the Metropolitan Area and an adjoining county where such bridge or highway is included in the metropolitan road system and in the county road system of the county.

Idem

(2) When there is a difference between the Metropolitan Council and the council of a county in respect of any such bridge or highway as to the corporation upon which the obligation rests for the building, maintaining or keeping in repair of the bridge or highway, or as to the proportions in which the corporations should respectively contribute thereto, or where the Metropolitan Council and the council of the county are unable to agree as to any action, matter or thing to be taken or done in respect of such bridge or highway, every such difference shall be determined by the Municipal Board upon an application by the Metropolitan Corporation or the corporation of the county.

Hearing by Municipal Board

(3) The Municipal Board shall appoint a day for the hearing of the application of which ten days notice in writing shall be given to the clerk of each municipality, and shall, at the time and place appointed, hear and determine all matters in difference between the municipalities in regard to such bridge or highway, and the Municipal Board may make such order in regard to the same as it considers just and proper, and may by the order fix and determine the amount or proportion which each municipality shall pay or contribute toward the building, maintaining and keeping in repair of such bridge or highway.

Term of order

(4) An order made by the Municipal Board under this section is binding upon the municipalities for such period as the Municipal Board may determine, and is final and conclusive. R.S.O. 1990, c. M.62, s. 93.

Boundary bridges

94.  Subsection 265 (1) of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between area municipalities, and the councils of the area municipalities on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the metropolitan road system. R.S.O. 1990, c. M.62, s. 94.

Idem

95.  Section 276 of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between the Metropolitan Area and an adjoining county or regional municipality, and the councils of the area municipality and the local municipality in the adjoining county on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the metropolitan road system. R.S.O. 1990, c. M.62, s. 95.

Restrictions

96.  (1) The Metropolitan Council has, with respect to all land lying within a distance of forty-five metres from any limit of a metropolitan road, all the powers conferred on the council of a local municipality by section 34 of the Planning Act.

Conflict with local by-law

(2) In the event of conflict between a by-law passed under subsection (1) by the Metropolitan Council and a by-law passed under section 34 of the Planning Act or a predecessor of such section by the council of the area municipality in which the land is situate, the by-law passed by the Metropolitan Council prevails to the extent of such conflict, but in all other respects the by-law passed by the council of the area municipality remains in full force and effect. R.S.O. 1990, c. M.62, s. 96.

Controlled-access roads

97.  (1) The Metropolitan Corporation may by by-law designate any metropolitan road, or any portion thereof, as a metropolitan controlled-access road.

Closing municipal roads

(2) Subject to the approval of the Municipal Board, the Metropolitan Corporation may by by-law close any municipal road that intersects or runs into a metropolitan controlled-access road.

Notice of application for approval of closing road

(3) The Municipal Board may direct that notice of any application for approval of the closing of a road under this section shall be given at such times, in such manner and to such persons as the Municipal Board may determine, and may further direct that particulars of claims in respect of land injuriously affected by the closing of the road shall be filed with the Municipal Board and the Metropolitan Corporation within such time as the Municipal Board shall direct.

Claim, when not to be allowed

(4) No claim by or on behalf of any person who has not filed the particulars of claim within the time directed by the Municipal Board shall be allowed except by leave of the Municipal Board.

Order of Municipal Board

(5) Upon the hearing of the application for approval of the closing of a road, the Municipal Board may make such order as it considers proper refusing its approval or granting its approval upon such terms and conditions as it considers proper, and any order of the Municipal Board approving of the closing of a road may contain provisions,

(a) determining the portion or portions of the road that shall be closed;

(b) providing that the approval shall be subject to the making of compensation to persons whose land is injuriously affected by the closing of the road,

(i) by the payment by the Metropolitan Corporation to any of such persons of such damages as may be fixed by the Municipal Board,

(ii) by the providing of another road for the use of any such persons,

(iii) by the vesting of any portion of the road allowance so closed in any of such persons despite any other Act, and

(iv) in such other manner as the Municipal Board considers proper;

(c) providing for the payment of the costs of any person appearing on such application and fixing the amount of such costs; and

(d) providing for the doing of such other acts as in the circumstances it considers proper.

Closing road

(6) Upon the approval of the Municipal Board being so obtained but subject to the provisions of the order of the Municipal Board made on the application for such approval, the Metropolitan Corporation may do all such acts as may be necessary to close the road in respect of which the application is made.

Appeal to Divisional Court

(7) Any person, including an area municipality, that has filed particulars of an objection or the Metropolitan Corporation may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (5).

Time for appeal

(8) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Municipal Board, subject to the rules of the court as to vacations.

Leave to appeal

(9) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court considers just.

Practice and procedure on appeal

(10) The practice and procedure as to the appeal and matters incidental thereto shall be in accordance with the rules of court, and the decision of the Divisional Court is final.

s.96 of Ontario Municipal Board Act not to apply

(11) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. M.62, s. 97.

Private roads, etc., opening upon metropolitan controlled-access road

98.  (1) The Metropolitan Corporation may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, gate or other structure or facility as a means of access to a metropolitan controlled-access road and may impose penalties for contravention of any such by-law.

Notice

(2) The Metropolitan Corporation may give notice to the owner of any land requiring the owner to close up any private road, entranceway, gate or other structure or facility constructed or used as a means of access to a metropolitan controlled-access road in contravention of a by-law passed under subsection (1).

Service of notice

(3) Every notice given under subsection (2) shall be in writing and shall be served personally or by registered mail and, in the case of service by registered mail, shall be deemed to have been received on the second day following the mailing thereof.

Failure to comply with notice

(4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the Metropolitan Corporation may by resolution direct any officer, employee or agent of the municipality to enter upon the land of such person and do or cause to be done whatever may be necessary to close up the private road, entranceway, gate or other structure or facility as required by the notice.

Offence

(5) Every person who fails to comply with a notice given under subsection (2) is guilty of an offence.

Compensation

(6) Where a notice given under subsection (2) has been complied with, the Metropolitan Corporation shall make due compensation to the owner of the land if the private road, entranceway, gate or other structure or facility constructed or used as a means of access to a metropolitan controlled-access road was constructed or used, as the case may be,

(a) before the day on which the by-law designating the road as a metropolitan controlled-access road became effective; or

(b) in compliance with a by-law passed under subsection (1), in which case the making of compensation is subject to such by-law.

Procedure

(7) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5) of the Public Transportation and Highway Improvement Act, which subsections apply with necessary modifications. R.S.O. 1990, c. M.62, s. 98.

Application of Public Transportation and Highway Improvement Act

99.  Sections 102, 104 and 107 of the Public Transportation and Highway Improvement Act apply with necessary modifications to any metropolitan road. R.S.O. 1990, c. M.62, s. 99; 1996, c. 33, s. 32.

Contribution towards maintenance of Malton Road

100.  The Metropolitan Council may contribute such amount as the Metropolitan Council considers proper as its share of the cost of maintenance of the part of the Malton Road in the County of Peel extending from the County of York to the Malton Airport thereby assuming the liability of The Corporation of the City of Toronto under an agreement dated July 2, 1943, but not to exceed 25 per cent of the annual maintenance costs of such part of the road. R.S.O. 1990, c. M.62, s. 100.

Metropolitan liability when road assumed

101.  (1) Where the Metropolitan Corporation assumes as a metropolitan road any road in an area municipality, other than a road mentioned in section 69, of the Municipality of Metropolitan Toronto Act, being chapter 314 of the Revised statutes of Ontario, 1980,

(a) no compensation or damages shall be payable to the area municipality in which it was vested;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of such road, but nothing in this clause requires the Metropolitan Corporation to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work.

Liability re Bayview bridge

(2) Despite subsection (1), the Metropolitan Corporation shall, after the 1st day of January, 1956, pay to The Corporation of the City of North York before the due date all amounts of principal and interest becoming due upon any outstanding debentures of the Bayview Avenue bridge that are payable as the owners’ share of such local improvement work.

Default

(3) If the Metropolitan Corporation fails to make any payment as required by clause (1) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the road assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 101.

Stopping-up highways

102.  (1) Where an area municipality intends to stop up a highway or part of a highway, it shall so notify the clerk of the Metropolitan Corporation by registered mail or personal service. R.S.O. 1990, c. M.62, s. 102 (1); 1991, c. 15, s. 16 (1).

Agreement

(2) If the Metropolitan Council objects to such stopping-up, it shall so notify the council of the area municipality by registered mail or personal service within sixty days of the receipt of the notice under subsection (1) and the highway or part thereof concerned shall not be stopped-up except by agreement between the area municipality and the Metropolitan Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 102 (2); 1991, c. 15, s. 16 (2).

Authorization to Executive Committee

(3) For the purposes of giving notice under subsection (2), the Metropolitan Council may by by-law authorize the Executive Committee, for such period of time as the by-law specifies, to exercise the powers of the Metropolitan Council, but no such notice is valid unless confirmed at the next regular meeting of the Metropolitan Council.

Approval required to intersect metropolitan road

(4) No area municipality shall open up, establish or assume for public use any highway which intersects with or enters upon any highway in the metropolitan road system, without the prior written approval of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 102 (3, 4).

Note: Effective January 1, 1998, Part VII (sections 103 to 120) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART VII
METROPOLITAN TRANSPORTATION

Definitions

103.  In this Part,

“Commission” means the Toronto Transit Commission continued under this Part; (“Commission”)

“Former Commission” means The Toronto Transportation Commission. (“ancienne commission”) R.S.O. 1990, c. M.62, s. 103.

Commission continued

104.  The Commission is continued under the name Toronto Transit Commission in English and Commission de transport de Toronto in French, with the powers, rights, authorities and privileges vested in it by this Act. R.S.O. 1990, c. M.62, s. 104.

Corporation members

105.  (1) The Commission is a body corporate and shall consist of such number of members appointed by by-law of the Metropolitan Council, as the Council considers appropriate.

Term of office

(2) A member shall hold office until his or her successor is appointed, and, except in the case of the filling of a vacancy occurring during the term of office, a member shall be appointed for a term of three years.

Qualification

(3) No person is eligible to be appointed as a member of the Commission unless that person is a resident of an area municipality.

Term of office where member is member of Metropolitan Council

(4) Despite subsection (2), where a member of the Metropolitan Council is appointed as a member of the Commission he or she shall not be appointed for a term of office extending beyond his or her term of office on the Council, and he or she shall cease to be a member of the Commission upon ceasing to be a member of the Metropolitan Council.

Two-thirds vote

(5) No appointment of a member of the Commission shall be made except on the affirmative vote of at least two-thirds of the members of the Metropolitan Council present and voting.

Reappointment

(6) A member of the Commission is eligible for reappointment on the expiration of his or her term of office.

Vacancies

(7) Where the office of a member of the Commission becomes vacant during his or her term of office, the Metropolitan Council shall immediately appoint a member who shall hold office for the remainder of the term for which his or her predecessor was appointed.

Quorum

(8) A majority of the members of the Commission constitutes a quorum.

Remuneration

(9) The members of the Commission shall be paid such salary or other remuneration as may be fixed by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 105.

Assets vested in Commission

106.  (1) On the 1st day of January, 1954, there is vested in the Commission,

(a) all the undertaking, assets and real and personal property, wherever situate, owned by, vested in or held by the Former Commission, including the capital stock of Gray Coach Lines Limited held by it;

(b) all real and personal property acquired or held by The Corporation of the City of Toronto for the purposes of or on behalf of the Former Commission;

(c) all real and personal property acquired or held by any area municipality in respect of any service furnished by the Former Commission to such municipality or any portion thereof.

Liabilities

(2) The Commission, on the 1st day of January, 1954, shall assume all liabilities of the Former Commission, and shall assume all liabilities of any area municipality incurred in respect of any property vested in the Former Commission under subsection (1).

No compensation or damages

(3) Subject to section 118, no compensation or damages shall be payable to the Former Commission or any area municipality in respect of any undertaking, assets and property vested in the Commission under this section.

Settling of doubts

(4) In the event of any doubt as to whether any particular asset or liability is vested in the Commission by this section, the Municipal Board, upon application, shall determine the matter and its decision is final and not subject to appeal.

Transfer of title

(5) For the purposes of the Registry Act, the Land Titles Act, or any other Act affecting title to property, it is sufficient to cite this Act to show the transmission of title to the Commission and the vesting therein of any real or personal property or any interest therein, but, if an order has been made by the Municipal Board under subsection (4), the order shall be cited as well.

Pension fund society

(6) On or after the 1st day of January, 1954, the Commission in relation to the Toronto Transportation Commission Pension Fund Society, a corporation subject to Part V of the Corporations Act and incorporated by letters patent dated the 3rd day of January, 1940, shall stand in the place and stead of the Former Commission.

Idem

(7) The name of the said Toronto Transportation Commission Pension Fund Society is changed to Toronto Transit Commission Pension Fund Society in English and Société de la caisse de retraite de la Commission de transport de Toronto in French. R.S.O. 1990, c. M.62, s. 106.

Sick benefit plan

107.  (1) The Commission may provide by contract with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act or with a corporation to be known in English as the Toronto Transit Commission Sick Benefit Association and in French as Association de la Commission de transport de Toronto en matière de prestations de maladie, to be established subject to the Co-operative Corporations Act, for weekly sick-pay, special service, medical and surgical benefits for employees or any class thereof of the Commission and their wives or husbands and dependent children and retired employees in accordance with this section and for paying the whole or part of the cost thereof.

Idem

(2) The Commission shall only make contributions in respect of,

(a) regular employees who have been employed for at least sixty days with the Commission and their wives or husbands and dependent children;

(b) retired employees who reside in Ontario and who elect to continue the benefits,

and shall not make contributions in respect of temporary or seasonal employees or dependants of regular employees other than wives or husbands and dependent children.

Special benefits for other dependants

(3) Special service and medical and surgical benefits may be provided for dependants other than wives or husbands and dependent children of regular employees, and for dependants of retired employees, who so elect, provided the cost thereof shall be borne by such employees.

Sick-pay benefits

(4) Sick-pay benefits shall not be provided for other than active regular employees of the Commission.

Greater sick-pay on election of employee

(5) Weekly sick-pay in an amount greater than may be provided under the other provisions of this section may be provided for such employees who elect to bear the excess cost of such greater sick-pay.

Administration costs

(6) The Commission may assume the cost of the administration of the benefits provided under this section.

Benefits validated

(7) The sick-pay, special service and medical and surgical benefits provided or to be provided before the 1st day of January, 1961, and contributions made in relation thereto by The Toronto Transportation Commission, the Toronto Transit Commission, the Toronto Transportation Commission Sick Benefit Association and the Toronto Transit Commission Sick Benefit Association are hereby confirmed and declared to be legal and valid. R.S.O. 1990, c. M.62, s. 107.

Existing agreements

108.  (1) Where the Former Commission has agreed with any area municipality or other municipality or person, or any two or more of them, for services to be provided by the Former Commission, the Commission shall, on the 1st day of January, 1954, assume all liabilities and is entitled to all benefits of the Former Commission under such agreement and the Former Commission is relieved of any liability thereunder.

Termination

(2) Despite subsection (1) and despite anything in any such agreement, the Municipal Board, upon the application of the Commission or of any municipality or person who is a party to such agreement, may by order terminate or vary such agreement and adjust all rights and liabilities thereunder. R.S.O. 1990, c. M.62, s. 108.

Capital stock of Gray Coach Lines

109.  No further investment in the capital stock of Gray Coach Lines, Limited shall be made by the Commission, nor shall the capitalization of Gray Coach Lines, Limited hereafter be increased until the consent of the Metropolitan Council is first obtained thereto. R.S.O. 1990, c. M.62, s. 109.

Powers and duties of Commission

110.  On and after the 1st day of January, 1954, the Commission,

(a) shall consolidate and co-ordinate all forms of local passenger transportation within the Metropolitan Area, with the exception of steam railways and taxis, and shall plan for the future development of such transportation so as to serve best the inhabitants of the Metropolitan Area;

(b) has and may exercise, with respect to the entire Metropolitan Area, all the powers, rights, authorities and privileges with respect to the construction, maintenance, operation, extension, alteration, repair, control and management of local passenger transportation which the Former Commission had with respect to any part of the Metropolitan Area on the 31st day of December, 1953;

(c) has and may exercise all the powers, rights, authorities and privileges with respect to the construction, maintenance, operation, extension, alteration, repair, control and management of local passenger transportation systems heretofore or hereafter conferred upon or exercisable by the council or corporation of any area municipality, and such powers, rights, authorities and privileges shall not be exercised by any area municipality or its council or by the Metropolitan Corporation or the Metropolitan Council. R.S.O. 1990, c. M.62, s. 110.

Specific powers

111.  (1) The Commission has, in particular, but not so as to restrict its general powers and duties, the following powers and duties:

1. To construct, maintain, operate, extend, alter, repair, control and manage a local transportation system within the Metropolitan Area by means of surface, underground or overhead railways, tramways or buses, or any other means of local transportation except steam railways and taxis.

2. To establish new local passenger transportation services in the Metropolitan Area as and when required and to alter, curtail or abolish any services if the Commission considers it desirable so to do.

3. If the Commission considers it desirable, to establish, construct, manage and operate parking lots for the parking of vehicles in connection with its local passenger transportation system, and to charge fees for parking therein.

4. Subject to section 112, to fix such tolls and fares and establish such fare zones so that the revenue of the Commission shall be sufficient to make all transportation facilities under its control and management selfsustaining, after providing for such maintenance, renewals, depreciation, debt charges and reserves as it may think proper.

5. To purchase, lease, acquire and use any real or personal property for its purposes, but the Commission shall not acquire any property that is to be paid for by money raised on the issue of debentures of the Metropolitan Corporation unless the approval of the Metropolitan Council has first been obtained.

6. To make requisitions upon the Metropolitan Corporation for all sums of money necessary to carry out its powers and duties, but nothing in this Act divests the Metropolitan Council of its authority with reference to providing the money required for such works, and when such money is provided by the Metropolitan Corporation the treasurer of the Metropolitan Corporation shall upon the certificate of the Commission pay out any money so provided.

7. To engage in the business of providing consulting services in transit related matters within or outside the Metropolitan Area, either directly or through a subsidiary, provided that the investment by the Commission in the capital stock of the subsidiary, shall not exceed the sum of $100,000 without the consent of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 111 (1).

Dealing with land and personal property

(2) The power of the Metropolitan Corporation to acquire land and personal property for the purposes of the Metropolitan Corporation includes the power to acquire, use, sell, lease or otherwise dispose of them for the purposes of the Commission. 1996, c. 32, s. 78 (12).

Metropolitan Corporation contributions, to capital costs

112.  (1) The Metropolitan Corporation may contribute to the capital costs of the Commission. R.S.O. 1990, c. M.62, s. 112 (1); 1996, c. 32, s. 78 (13).

to operating costs

(2) The Metropolitan Corporation may contribute to the cost of operating the transportation system operated by the Commission. R.S.O. 1990, c. M.62, s. 112 (2).

Agreements

113.  (1) The Commission may enter into an agreement with any person, or with one or more area municipalities, or with one or more other municipalities situated within twenty-five miles of the Metropolitan Area, under which the Commission will operate a local passenger transportation service upon such terms as may be agreed upon, but every such agreement shall provide that any deficit in operations shall be paid by the person or municipality or municipalities, and if the agreement is with one or more municipalities the agreement shall provide that any surplus in operations shall be credited to the municipality or municipalities.

Surplus or deficit

(2) Where an agreement is entered into under subsection (1) with one or more municipalities, the council of any such municipality may pass by-laws,

(a) providing that any deficit charged to the municipality shall be payable out of, and any surplus shall be credited to, the general funds of the municipality; or

(b) with the approval of the Municipal Board, providing that any deficit shall be assessed against, and any surplus shall be credited to, the rateable property in any area or areas of the municipality defined in the by-law. R.S.O. 1990, c. M.62, s. 113.

Definition

114.  In paragraphs 1 and 2 of subsection 111 (1) and in subsection 115 (1),

“Metropolitan Area” shall be deemed to include the whole of Steeles Avenue where it is a boundary of an area municipality. R.S.O. 1990, c. M.62, s. 114.

Application of certain Acts

115.  (1) For the purposes of the Public Vehicles Act and the regulations with respect to registration fees under the Highway Traffic Act, the Metropolitan Area shall be deemed to be one urban municipality and, for the purpose of the Truck Transportation Act, the Metropolitan Area shall be deemed to be one urban municipality. R.S.O. 1990, c. M.62, s. 115 (1).

Exclusive authority

(2) Except in accordance with an agreement made under subsection (3), no person other than the Commission shall operate a local passenger transportation service within the Metropolitan Area, except for,

(a) rickshaws;

(b) pedicabs;

(c) steam railways;

(d) taxis;

(e) vehicles used for providing sightseeing tours;

(f) vehicles exclusively chartered to transport a group of persons for a specified trip within the Metropolitan Area and for which a group fee is paid;

(g) buses owned and operated by or pursuant to a contract with a board of education, school board or private school; and

(h) buses owned and operated by any corporation or organization solely for its own purposes so long as no fee is charged for transportation. 1992, c. 15, s. 39.

Agreements

(3) An agreement may be entered into between the Commission and any person legally operating a local public passenger transportation service wholly within or partly within and partly without the Metropolitan Area on the 1st day of January, 1954, under which such person may continue to operate such service or any part thereof for such time and upon such terms and conditions as such agreement provides.

Existing services

(4) Where a local public passenger transportation service is legally operating wholly within the Metropolitan Area on the 1st day of April, 1953, and continues in operation, and will be required by subsection (2) to cease to operate within the Metropolitan Area on the 1st day of July, 1954 or upon the termination of an agreement made under subsection (3),

(a) the Commission may agree with the owner of the service, not later than one month before the date upon which the service will be required to cease to operate, to purchase the assets and undertaking used in providing the service; and

(b) if no agreement is entered into under clause (a), the assets and undertaking used in providing the service, not disposed of by the owner thereof before the date upon which the service is required to cease to operate, shall vest in the Commission on that date.

Idem

(5) Where a local public passenger transportation service is legally operating partly within and partly without the Metropolitan Area on the 1st day of April, 1953, and continues in operation, and will be required by subsection (2) to cease to operate within the Metropolitan Area on the 1st day of July, 1954 or upon the termination of an agreement made under subsection (3),

(a) the Commission may agree with the owner of the service, not later than one month before the date upon which the service will be required to cease to operate within the Metropolitan Area, to purchase the assets and undertaking used in providing the entire service or to purchase the portion thereof that is allocated to the provision of the service within the Metropolitan Area; and

(b) if no agreement is entered into under clause (a), the portion of the assets and undertaking that is allocated to the provision of the service within the Metropolitan Area, not disposed of by the owner thereof before the date upon which the service is required to cease to operate, shall vest in the Commission on that date.

Compensation

(6) Where the whole or a portion of the assets and undertaking used in or allocated to the provision of a local public passenger transportation service vests in the Commission, the Commission shall pay due compensation therefor to the owner thereof, based upon the value to the owner of the assets and undertaking used in providing the service where the service was operated wholly within the Metropolitan Area, and based upon the proportion of such value that is allocated to the provision of the service within the Metropolitan Area where the service was operated partly within and partly without the Metropolitan Area.

Compensation and allocation

(7) The amount of any compensation payable under this section or any question of allocation, if not mutually agreed upon, shall be determined by the Municipal Board, and the decision of the Municipal Board on any question of allocation is final.

Commission deemed a street railway company

(8) The Commission shall be deemed to be a street railway company for the purposes of The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950.

Outside service

(9) Where a local public passenger transportation service operating partly within and partly without the Metropolitan Area is required by subsection (2) to cease to operate within the Metropolitan Area and thereupon discontinues the portion of its service beyond the Metropolitan Area, the Municipal Board may, on the application of any municipality, order the Commission to furnish a similar service upon such terms and conditions and to such extent as may be fixed by the Municipal Board. R.S.O. 1990, c. M.62, s. 115 (3-9).

Operating licence to be issued

(10) Where the Municipal Board orders the Commission to furnish a service under subsection (9), the Commission shall be deemed to have applied for a public vehicle operating licence under the Public Vehicles Act, and the Ontario Highway Transport Board shall issue a public vehicle operating licence to the Commission. 1996, c. 9, s. 28.

Offence

(11) Every person who contravenes any of the provisions of subsection (2) is guilty of an offence. R.S.O. 1990, c. M.62, s. 115 (11).

Annual report

116.  Immediately after the close of each calendar year, the Commission shall prepare, deliver to the Metropolitan Council, and publish,

(a) a complete audited and certified financial statement of its affairs, including revenue and expense account, balance sheet and profit and loss statement;

(b) a general report of its operations during that calendar year. R.S.O. 1990, c. M.62, s. 116.

Actions, etc., against Commission

117.  (1) All claims, actions and demands arising from or relating to the construction, maintenance, operation, extension, alteration, repair, control and management of the Commission’s transportation system and property, or arising from the exercise of any of the powers of the Commission, shall be made upon and brought against the Commission and not upon or against the Metropolitan Corporation or any area municipality.

Idem

(2) The Commission may sue and be sued in its own name. R.S.O. 1990, c. M.62, s. 117.

Existing debenture liability

118.  (1) On and after the 1st day of January, 1954, the Metropolitan Corporation shall pay to each area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by that area municipality in respect of any property vested in the Commission under subsection 106 (1) or issued by that area municipality for or on behalf of the Former Commission.

Payments by Commission

(2) The Commission shall pay to the Metropolitan Corporation, before the date mentioned in subsection (1), the amount which the Metropolitan Corporation is liable to pay on that date under subsection (1).

Default

(3) If the Metropolitan Corporation fails to make any payment as required by subsection (1), or if the Commission fails to make any payment as required by subsection (2), the area municipality may charge the Metropolitan Corporation, or the Metropolitan Corporation may charge the Commission, as the case may be, interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality or the Metropolitan Council determines, from the date payment is due until it is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of any property vested in the Commission under subsection 106 (1) or for or on behalf of the Former Commission, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 118.

Grants, etc., re free or reduced rate transportation for the aged

119.  The Metropolitan Council may expend money and make grants to the Commission in such amounts and on such terms and conditions as the Council may consider appropriate to meet the cost of providing transportation free of charge or at a reduced rate for persons resident in the Metropolitan Area who are sixty-five years of age or over, or for any class or classes of such persons. R.S.O. 1990, c. M.62, s. 119.

Tax exemption re subway and other rapid transit

120.  (1) So long as any lands and easements owned by the Metropolitan Corporation or by the Commission are used by the Commission for the purpose of a subway or other rapid transit or as car yards or shops for or in connection with such subway or other rapid transit, such lands and easements and buildings and structures thereon so owned and used are exempt from business and real property taxation, and the Commission is not liable for payments in lieu thereof under section 27 of the Assessment Act.

Application to concessions

(2) Subsection (1) does not apply to concessions operated, rented or leased in subway or rapid transit stations.

Deemed exemption under Assessment Act

(3) The exemption provided by subsection (1) shall be deemed to be an exemption from taxation provided by section 3 of the Assessment Act. R.S.O. 1990, c. M.62, s. 120.

PART VIII
EDUCATION

Definitions

121.  (1) In this Part,

“boards” means the School Board and the boards of education; (“conseils”)

“boards of education” means the following:

1. The Board of Education for the Borough of East York.

2. The Board of Education of the City of Etobicoke.

3. The Board of Education for the City of North York.

4. The Board of Education for the City of Scarborough.

5. The Board of Education for the City of Toronto.

6. The Board of Education for the City of York; (“conseils de l’éducation”)

“Council” means the council maintained by section 126; (“Conseil des écoles françaises”)

“elementary school teacher” means a teacher who is a member of,

(a) L’Association des Enseignants Franco-Ontariens, if the major portion of the teacher’s teaching assignment is at the elementary school level,

(b) The Federation of Women Teachers’ Associations of Ontario, or

(c) The Ontario Public School Teachers’ Federation; (“enseignant au niveau élémentaire”)

“French-speaking ratepayer” means a person who is entitled to vote at an election of members of a board of education and who has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in Ontario; (“contribuable francophone”)

“Minister” means the Minister of Education; (“ministre”)

“Ministry” means the Ministry of Education; (“ministère”)

“regulations” means regulations made under the Education Act; (“règlements”)

“resident pupils” means pupils,

(a) who reside with their parents or guardians, or

(b) who or whose parents or guardians are assessed for an amount equal to the average assessment of the ratepayers,

within the limits of a secondary school district for secondary school purposes, or a school section for public school purposes, within the Metropolitan Area, but does not include pupils residing with their parents or guardians on land that is exempt from taxation for school purposes, who and whose parents or guardians are not assessed for school purposes in the secondary school district or school section; (“élèves résidents”)

“School Board” means The Metropolitan Toronto School Board; (“Conseil scolaire”)

“secondary school teacher” means a teacher who is a member of,

(a) L’Association des Enseignants Franco-Ontariens, if less than the major portion of the teacher’s teaching assignment is at the elementary school level, or

(b) The Ontario Secondary School Teachers’ Federation. (“enseignant au niveau secondaire”) R.S.O. 1990, c. M.62, s. 121 (1); 1994, c. 27, s. 111 (1) .

Definitions

(2) In this Part,

“agreement” (in relation to the employment of teachers), “branch affiliate” and “teacher” have the same meanings as in the School Boards and Teachers Collective Negotiations Act; (“convention”, “section locale”, “enseignant”) and

“elementary school” and “secondary school” have the same meanings as in the Education Act. (“école élémentaire”, “école secondaire”) R.S.O. 1990, c. M.62, s. 121 (2).

Area municipality a secondary school district, urban school section

122.  Each area municipality is a secondary school district and is deemed to be an urban school section. R.S.O. 1990, c. M.62, s. 122.

Boards of education in area municipalities

123.  (1) There shall be a board of education for each area municipality, to be known respectively as,

(a) The Board of Education for the Borough of East York;

(b) The Board of Education for the City of Etobicoke;

(c) The Board of Education for the City of North York;

(d) The Board of Education for the City of Scarborough;

(e) The Board of Education for the City of Toronto; and

(f) The Board of Education for the City of York.

Dissolution of former boards of education

(2) On the day on which each such new board of education holds its first meeting,

(a) the board or boards of education having jurisdiction in the area municipality for which such new board of education is established are dissolved; and

(b) all the assets and liabilities of the former board or boards of education are assets and liabilities of such new board of education. R.S.O. 1990, c. M.62, s. 123.

Application of Education Act

124.  (1) The provisions of the Education Act and the regulations that are not inconsistent with this Act apply to the boards of education referred to in subsection 123 (1), and, so far as such provisions are inconsistent with this Act, they do not apply to such boards of education.

Powers and duties

(2) Each such board of education has all the powers, duties and responsibilities conferred and imposed upon it by any general or special Act and regulations made thereunder that are not inconsistent with this Act, and shall comply with all the requirements of this Act that apply to them.

Borrowing powers

(3) Each such board of education may borrow money under section 245 of the Education Act only with the approval of the Metropolitan Council on the recommendation of the School Board.

Director of education

(4) Each such board of education shall have a director of education appointed under Part XI of the Education Act, and he or she shall also be the secretary and treasurer of such board.

Eligibility of employee of board to be member

(5) An employee of a board of education in the Metropolitan Area or of the School Board is not eligible to be a member of any board of education in the Metropolitan Area. R.S.O. 1990, c. M.62, s. 124.

First meeting

125.  The first meeting of each such board of education after a regular election shall be held not later than the seventh day following the day on which the terms of office of the elected members commence at such place and time as the board may determine. R.S.O. 1990, c. M.62, s. 125.

Council continued

126.  (1) The council known in French as Conseil des écoles françaises de la communauté urbaine de Toronto and in English as The Metropolitan Toronto French-Language School Council is continued. R.S.O. 1990, c. M.62, s. 126 (1).

Duty of Council

(2) The Council shall operate all French-language instructional units under Part XII of the Education Act in the Metropolitan Area other than those operated by the Metropolitan Separate School Board. R.S.O. 1990, c. M.62, s. 126 (2); 1993, c. 11, s. 46.

Body corporate

(3) The Council is a body corporate.

Designation

(4) The Council may be legally designated by either or both versions of its name.

Qualification of members of Council

(5) A person is qualified to be elected as a member of the Council if,

(a) the person is qualified to be elected as a member of the board of education for the area municipality in which the person resides;

(b) the person is a French-speaking ratepayer; and

(c) the person chooses to vote only for members of the Council and not for a member of the board of education for the area municipality in which the person resides.

Electors

(6) A person is qualified to be an elector in respect of a member of the Council if,

(a) the person is qualified to vote in a regular election of members of the board of education for the area municipality in which the person resides;

(b) the person is a French-speaking ratepayer; and

(c) the person chooses to vote only for members of the Council and not for a member of the board of education for the area municipality in which the person resides.

Idem

(7) No person is entitled to vote in a regular election for both members of the Council and members of the board of education for the area municipality in which the person resides. R.S.O. 1990, c. M.62, s. 126 (3-7).

Deemed board of education

127.  Except as provided in this Part, the Council, for the purposes of every Act, shall be deemed to be a board of education in the Metropolitan Area. R.S.O. 1990, c. M.62, s. 127.

Assumption of existing programs

128.  (1) The Council shall assume, on the 1st day of January, 1989, the operation of all schools and classes established before that day by the boards of education under Part XII of the Education Act in which French is the language of instruction.

Possession of facilities

(2) Subject to subsection (3), possession of the facilities used in relation to schools and classes described in subsection (1) vests in the Council on the 1st day of January, 1989 at such rent as the board of education concerned and the Council may agree and the board of education concerned and the Council shall agree upon the allocation and disposition, without compensation, of all other property situate upon or used in connection with the facilities.

Ownership of school sites

(3) Where possession of all of the lands and premises used as a school site vests in the Council under subsection (2), the ownership of the lands and premises vests in the Council at the same time, without compensation, but subject to all existing debts, contracts, agreements and liabilities of the board of education that pertain to such school site.

Dispute

(4) Any dispute as to possession of any facilities or the allocation or disposition of property under subsection (2) or the transfer of ownership under subsection (3) may be referred by the Council and the board of education, or either of them, to the Ontario Municipal Board, which shall determine the matters in dispute, and its decision is final.

Employees seconded to the Council

(5) Subsections (6) to (11) apply to employees who were seconded to the Council by a board of education under subsection 120d (5) of the Municipality of Metropolitan Toronto Act, being chapter 314 of the Revised Statutes of Ontario, 1980 and who exercised the option to have their teaching contracts, contracts of employment or employment relationships, as the case may be, transferred from the board of education to the Council under clause 13 (a) of section 120d or who were deemed to have exercised that option under subsection (21) of that section.

Notice to Council

(6) Employees who are teachers are, for the purposes of this Act, deemed to constitute bargaining units under the School Boards and Teachers Collective Negotiations Act having regard to the employment of the employees and each such bargaining unit is deemed to have given notice to the Council of its intention under section 9 of that Act to negotiate with the view to making an agreement.

Continuation of salary and benefits

(7) An employee for whom, as of the 1st day of September, 1990, no new terms of employment have been agreed upon with the Council, shall continue to receive the salary and benefits to which the employee was entitled as an employee of the board of education until such time as new terms and conditions of employment with the Council are agreed upon.

Continuous service

(8) A transfer of a teaching contract, employment contract or employment relationship does not constitute a break in the continuous service of the employee.

Seniority

(9) An employee whose teaching contract, employment contract or employment relationship was transferred to the Council shall continue employment with the Council with the same seniority and the same status with respect to being a probationary or permanent employee that the employee had with the appropriate board of education.

Retirement gratuity

(10) Where an employee whose teaching contract, employment contract or employment relationship was transferred to the Council retires, the amount of the retirement gratuity paid to the employee shall be shared by the board of education from which it was transferred and the Council in the ratio that the number of years of service of the employee with each bears to the total number of years of service of the employee with the board of education and the Council.

Bargaining unit, transitional

(11) Where the Council appoints a person as an elementary school teacher or a secondary school teacher, the teacher so appointed shall be deemed to be a member of the bargaining unit under the appropriate collective agreement referred to in section 143 that relates to the employment of the teacher and, where appropriate having regard to the location where the teacher is employed, the appropriate collective agreement referred to in section 149, as if the Council were a party to each collective agreement.

Idem

(12) Where the Council appoints a person as an employee, other than as a teacher, the person so appointed shall be deemed to be a member of the bargaining unit under the appropriate collective agreement having regard to the employment of the person and the location of the employment, as if the Council were a party to the collective agreement.

Definition

(13) In this section,

“seniority” means seniority as agreed upon between the board of education that employed the person and the organization that entered into a collective agreement with the board of education in respect of the person or, where there is no collective agreement, in accordance with the policy of the board of education. R.S.O. 1990, c. M.62, s. 128.

Prohibition

129.  No board of education shall operate a school or class under Part XII of the Education Act. R.S.O. 1990, c. M.62, s. 129.

130.  REPEALED: 1993, c. 11, s. 47.

Resident pupils of Council

131.  A person who is qualified to be a resident pupil in respect of a board of education in the Metropolitan Area and exercises his or her right under subsection 289 (1) or 291 (1) of the Education Act is also qualified to be a resident pupil of the Council. R.S.O. 1990, c. M.62, s. 131.

Non-application

132.  Subsections 139 (8) to (13), section 152, clause 155 (1) (e) and subsections 155 (4) to (13) do not apply in respect of the Council. R.S.O. 1990, c. M.62, s. 132.

School Board continued

133.  (1) The Metropolitan School Board is continued a corporation under the name of The Metropolitan Toronto School Board in English and Conseil scolaire de la communauté urbaine de Toronto in French, with the powers and duties and for the purposes set out in this Act.

Members of School Board

(2) The School Board shall be composed of the chair of, and other members appointed by, each board of education in Metropolitan Toronto in accordance with subsection (3).

Numbers of members

(3) The total number of members, including the chair, representing each board of education shall be the number of members set out in column 2 of the following table opposite the total population of all electoral groups of the board set out in column 1 of the following table:

TABLE

    Column 1

Column 2

    Total population of
    all electoral groups of the
    board of education

Total
number
of members

    Less than 112,500 persons

1

    112,500 or more, up to and including 187,499 persons


2

    187,500 or more, up to and including 262,499 persons


3

    262,500 or more, up to and including 337,499 persons


4

    337,500 or more, up to and including 412,499 persons


5

    412,500 or more persons

6

Alternate members

(4) A board of education, for which only one member is also a member of the School Board, may appoint one of its members as an alternate member of the School Board and the alternate member may attend the meetings of the School Board and of its committees, but shall not vote in meetings of the School Board or of its committees except in the absence of the chair of the board of education to which the alternate member belongs.

Appointment by boards of education

(5) The appointment of members of a board of education as members of the School Board shall be made at the first meeting of the board of education in each year after elections have been held in the area municipalities.

Election of chair

(6) At the first meeting of the School Board in each year, at which a quorum is present, the School Board shall elect as chair one of its members to hold office for that year and until his or her successor is elected in accordance with this section.

Disqualification of employee

(7) No person employed by the School Board is eligible to be a member of the School Board. R.S.O. 1990, c. M.62, s. 133.

First meeting of School Board

134.  (1) The first meeting of the School Board after a regular election shall be held after the boards of education for the area municipalities have held their first meetings, but in any event, not later than the fourteenth day following the day on which the terms of office of the members of such boards of education commence, at such place and time as may be fixed by resolution of the School Board.

Organization meeting

(2) At the first meeting of the School Board in each year after elections have been held in the area municipalities, at which a quorum is present, the members present shall select a member to preside, and the person so selected may vote as a member, and the School Board shall organize as a board.

Certificate of qualification

(3) A person who is entitled to be a member of the School Board under subsection 133 (2) or an alternate member of the School Board under subsection 133 (4) shall not take a seat on the School Board until the person has filed at the first meeting of the School Board a certificate under the hand of the secretary of the board of education and under the seal of such board certifying that the person is entitled to be a member or an alternate member, as the case may be.

Certificates of office

(4) No business shall be proceeded with at the first meeting until after the certificates mentioned in subsection (3) have been filed by all the members who present themselves for that purpose.

When School Board deemed organized

(5) The School Board shall be deemed to be organized when the certificates have been filed by a majority of the members, and it may be organized and business may be proceeded with despite the failure of any of the other members to file such certificate. R.S.O. 1990, c. M.62, s. 134.

Place of meetings

135.  Subject to section 134, all meetings of the School Board shall be held at such places within the Metropolitan Area and at such times as the School Board from time to time appoints. R.S.O. 1990, c. M.62, s. 135.

Quorum, voting

136.  (1) The number of members of the School Board necessary to form a quorum is the majority of the number of members of which the School Board is composed under subsection 133 (2) and the concurring votes of a majority of the members of the School Board present who are entitled to vote on any matter are necessary to carry the matter.

One vote

(2) Each member of the School Board has one vote only. R.S.O. 1990, c. M.62, s. 136.

Term of office

137.  (1) Except as provided in this section and in subsection 138 (4), the members of the School Board appointed by boards of education shall hold office while they are members of their respective boards of education and until their successors take office and a new board is organized.

Chair of board of education

(2) Where as a result of a change in the chair of a board of education, a member of the board of education who is also a member of the School Board becomes chair of such board of education, his or her seat on the School Board, otherwise than as chair of the board of education, becomes vacant, and another member of the board of education shall be appointed to fill the vacancy.

Resignation by member of School Board

(3) A member of the School Board appointed by a board of education and who is not the chair of the School Board may, with the consent,

(a) of the board of education that appointed him or her; and

(b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it,

resign as a member without resigning from the board of education, but he or she shall not vote on a motion as to his or her own resignation and may not resign as a member of the School Board if the resignation would reduce the number of members of the School Board to less than a quorum under subsection 136 (1). R.S.O. 1990, c. M.62, s. 137.

Vacancies, chair

138.  (1) When a vacancy occurs in the office of chair, the School Board shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect as chair one of its members to hold office for the remainder of the term of his or her predecessor.

Other members

(2) If a vacancy occurs in the office of an appointed member, the board of education of which the person was a member shall, within fifteen days after the vacancy occurs, appoint a successor from among its members to hold office for the remainder of the term of the person.

Resignation of chair

(3) The chair of the School Board may resign the office as chair without resigning from the board of education to which the chair belongs.

Vacancy due to absence from meetings

(4) The seat of a member of the School Board shall become vacant if the member is absent from the meetings of the School Board for three consecutive months without being authorized so to do by a resolution of the School Board entered upon its minutes, and the School Board shall forthwith declare the seat to be vacant. R.S.O. 1990, c. M.62, s. 138.

Powers and duties of School Board

139.  (1) It is the duty of the School Board and it has power,

(a) to require each board of education within the Metropolitan Area to prepare and submit to the School Board, from time to time as the School Board may prescribe, its proposals and recommendations with respect to the provision of adequate public elementary and secondary school accommodation within its jurisdiction, and the estimated cost thereof;

(b) to review and consolidate all such proposals, in consultation with the boards of education, the Ministry and the Metropolitan Council and their respective officials, and to prepare and revise from time to time a composite proposal and the recommendations of the School Board for the provision of adequate public elementary, academic secondary and vocational secondary school accommodation for the Metropolitan Area as a whole;

(c) to submit to the Metropolitan Council from time to time the composite proposal referred to in clause (b), together with all relevant information with respect thereto;

(d) despite the provisions of this or any other Act, to review and to determine, in consultation with the respective boards of education, the boundaries of the attendance areas for those public elementary and secondary schools in the Metropolitan Area that are to be attended by resident pupils from more than one school section or secondary school district;

(e) to appoint a director who holds a certificate of qualification as a supervisory officer, who shall be secretary-treasurer of the School Board, and such other officers and staff as may be considered expedient for the purposes of the School Board, to pay their salaries and, subject to the regulations, to prescribe their duties, and to provide and pay for office accommodation, furnishings, fuel, light, stationery, equipment, insurance and miscellaneous expenses, including travelling expenses of officers and members of the School Board, if authorized by the School Board;

(f) if considered expedient, to pay to each member an allowance in such amount as may be determined by the School Board for each kilometre necessarily travelled in going to the meetings of the School Board from his or her home and in returning to his or her home;

(g) to prepare, adopt and submit each year to the Metropolitan Council, on or before such date and in such form as the Metropolitan Council may prescribe, the estimates of the School Board for the current year for school purposes of all sums required to meet its expenditures and obligations under this Act, and such estimates,

(i) shall set forth the estimated revenues and expenditures of the School Board,

(ii) shall make due allowance for a surplus of any previous year that will be available during the current year,

(iii) shall provide for a deficit of a previous year,

(iv) shall provide for the amounts of principal and interest payable during the current year in respect of all outstanding debentures issued for school purposes,

(v) may provide for expenditures for permanent improvements, as defined in subsection 1 (1) of the Education Act, and for an allocation to a reserve fund, provided that the total of expenditures for permanent improvements referred to in clauses (a), (b) and (c) of the definition of “permanent improvement” in subsection 1 (1) of that Act and any sum allocated to a reserve fund do not exceed, for school purposes, an amount that would increase the sum that would be required to be raised by levy for school purposes, other than separate school purposes, in the Metropolitan Area if no such provision for expenditures and allocation were made, by an amount calculated at two mills in the dollar upon the total equalized assessments of the area municipalities for school purposes, according to the last revised assessment rolls. R.S.O. 1990, c. M.62, s. 139 (1); 1994, c. 27, s. 111 (2, 3).

Limitation not applicable

(1.1) The limitation on the sum that the School Board may include in its estimates for permanent improvements under subclause (1) (g) (v) does not apply to the amount of principal and interest payable in respect of a debenture if the Minister of Education and Training has agreed to pay that amount to the School Board. 1993, c. 23, s. 69 (1).

Allowances

(2) The School Board may pay,

(a) to each member of the School Board an allowance in such amount as is determined by the School Board for members;

(b) to each alternate member of the School Board an allowance in such amount as is determined by the School Board for alternate members; and

(c) to the chair of the School Board, in addition to the allowance under clause (a) or (b), an allowance in such amount as is determined by the School Board for the chair.

Allowance to vice-chair

(3) The School Board may pay an allowance in such amount as is determined by the School Board in addition to the allowance payable under clause (2) (a) or (b) to the vice-chair of the School Board.

Different allowances

(4) An allowance payable to the chair may differ from that payable to the vice-chair.

Decrease

(5) The School Board may decrease the amount of an allowance determined under subsection (2) or (3) and the decrease is effective on the date specified by the School Board.

Additional powers

(6) The School Board may,

(a) include in its estimates a sum for expenditures by or on behalf of one or more boards of education within the Metropolitan Area without designating such board or boards and, when such board or boards have been designated, pay amounts from such sum to or on behalf of such board or boards;

(b) hold conferences with members and officers of the boards of education for the area municipalities and pay all or part of the costs incurred in connection with such conferences including all or part of the expenses of members and officers of the School Board and of the boards of education for the area municipalities; and

(c) authorize the destruction of documents in accordance with the Education Act. R.S.O. 1990, c. M.62, s. 139 (2-6).

Exceptional pupils with developmental handicaps

(6.1) The School Board shall provide consulting services and support services to the boards of education in the Metropolitan Area and the Council in respect of special education programs and special education services for exceptional pupils with developmental handicaps. 1993, c. 11, s. 48.

Apportionment by School Board

(7) When the School Board submits its estimates for school purposes to the Metropolitan Council, the School Board shall also provide the Metropolitan Council with a statement of the portions of the amount required that the School Board has determined shall be apportioned to each area municipality in accordance with subsection (11).

Reduction of apportionment

(8) Where the estimates for school purposes of a board of education in the Metropolitan Area that are approved in whole or in part by the School Board have been reduced in accordance with clause 155 (1) (b) by the application of a surplus, the School Board shall reduce the apportionment for school purposes to the area municipality in which the board of education has jurisdiction in an amount computed in accordance with subsection (9). 1994, c. 27, s. 111 (4).

Rules for reduction

(9) The reduction of an apportionment under subsection (8) in relation to a specific year shall be calculated as follows:

1. Compute for the preceding year the proportion that the total rateable property for school purposes, other than separate school purposes, in the area municipality was of the total rateable property in relation to the Metropolitan Area.

2. Compute in respect of the preceding year the proportion that the estimates of the board of education approved by the School Board for school purposes was of the aggregate of the estimates of all of the boards of education approved by the School Board.

3. Divide the proportion computed under paragraph 1 by the proportion computed under paragraph 2.

4. Where the quotient computed under paragraph 3 is equal to or greater than one, the apportionment shall be reduced by an amount equal to the amount of the surplus mentioned in subsection (8).

5. Where the quotient computed under paragraph 3 is less than one, the apportionment shall be reduced by an amount computed by multiplying the surplus mentioned in subsection (8) by the quotient computed under paragraph 3. R.S.O. 1990, c. M.62, s. 139 (9); 1994, c. 27, s. 111 (5).

Increase of apportionment

(10) Where the estimates for school purposes of a board of education in the Metropolitan Area provide for a deficit of a previous year and the estimates have been approved by the School Board in whole or in part, the School Board shall increase the apportionment that would otherwise be made for school purposes to the area municipality in which the board of education has jurisdiction by an amount that does not exceed the amount of the deficit and, in determining the amount of the increase in the apportionment, the School Board shall give consideration to any circumstances that, in the opinion of the School Board, contributed to the size of the deficit and could not reasonably have been foreseen.

Calculation of apportionment

(11) For the purpose of determining the apportionment to the area municipalities in the Metropolitan Area of the sums required for school purposes, the School Board shall remove from the amount of its estimates submitted for school purposes to the Metropolitan Council under clause (1) (g) the portions of the surpluses to be used for reducing apportionments under subsection (8) and the portions of the deficits to be used for increasing apportionments under subsection (10) and shall apportion the remainder of the amount of the estimates for school purposes in the proportion that the total rateable property for school purposes, other than separate school purposes, in respect of each area municipality bears to the total rateable property in the Metropolitan Area for school purposes, other than separate school purposes, and each apportionment so determined shall then be adjusted by the School Board by reduction under subsection (8) or increase under subsection (10). 1994, c. 27, s. 111 (6).

Transfer of balance of surplus

(12) Every board of education shall transfer to the School Board an amount equal to the difference between the amount of the surplus of the board of education mentioned in clause 155 (1) (b) and an amount equal to the amount computed in respect of the board of education under subsection (9).

Application of amount transferred

(13) The School Board shall apply amounts transferred to it under subsection (12) to reduce the estimates submitted by it to the Metropolitan Council.

Definitions

(14) In this section,

“commercial assessment” has the same meaning as in clause 248 (a) of the Education Act; (“évaluation des industries et des commerces”)

“residential and farm assessment” has the same meaning as in clause 248 (b) of the Education Act; (“évaluation résidentielle et agricole”)

“total equalized assessments of the area municipalities” means for public secondary school purposes and for public elementary school purposes the sum of the assessment upon which taxes are levied for such purposes in each area municipality in the year for which the estimates are approved in whole or in part by the School Board where the assessment of each area municipality is adjusted by the application of the latest equalization factor applicable thereto that is provided by the Minister; (“total des évaluations péréquées des municipalités de secteur”)

“total rateable property”,

(a) in relation to an area municipality, means the sum of,

(i) residential and farm assessment,

(ii) the quotient obtained by dividing the commercial assessment by 0.85, and

(iii) the valuations of properties in respect of which a portion of the payments in lieu of taxes paid by the Crown in right of Canada or a province or any board, commission, corporation or other agency of the Crown in right of Canada or a province or by Ontario Hydro is required by law to be allocated for school purposes,

in the area municipality, and

(b) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. (“total des biens imposables”) R.S.O. 1990, c. M.62, s. 139 (12-14).

Auditors for school board, etc.

140.  Section 234 of the Education Act applies with necessary modifications to the School Board as if it were a divisional board of education. R.S.O. 1990, c. M.62, s. 140.

Definition

141.  (1) In this section,

“sub-system” means an identifiable, predesigned, physically integrated, co-ordinated series of parts that function as a unit of the construction of a building.

Sub-systems

(2) Where one or more boards of education within the Metropolitan Area have agreed to participate with the School Board in a unified school building construction program, the School Board has power,

(a) to enter into contracts with persons for the production of sub-systems to be used in the construction of schools by such boards of education and to give commitments to such persons that the sub-systems that they contract to produce will be used in the construction of a minimum of square metres of school building construction;

(b) to enter into contracts with persons for the performance of work or services or for the placing or furnishing of materials upon or in respect of such school building construction;

(c) to require such boards of education to construct the school buildings necessary to fulfil commitments given by the School Board and to use in constructing such buildings the sub-systems, services and materials of the persons with whom the School Board has entered into contracts; and

(d) to supervise and control the programming and integration of the construction of such school buildings. R.S.O. 1990, c. M.62, s. 141.

Application of Education Act

142.  (1) Sections 177, 178 and 180 of the Education Act apply with necessary modifications to the School Board.

Pensions

(2) Where the School Board employs or has employed a person theretofore employed by a board of education in the Metropolitan Area, the employee shall be deemed to remain an employee of the board of education for the purpose of any pension plan of such board of education, and shall continue to be entitled to all rights and benefits thereunder as if he or she had remained as an employee of the board of education, until the School Board has provided a pension plan for its employees and such employee has elected, in writing, to participate therein.

Idem

(3) Until such election, the School Board shall deduct by instalments from the remuneration of the employee the amount that such employee is required to pay in accordance with the plan of the board of education, and the School Board shall pay to the board of education in instalments,

(a) the amounts so deducted; and

(b) the future service contributions payable under the plan by the board of education.

Sick leave credits

(4) Where the School Board employs or has employed a person theretofore employed by a board of education in the Metropolitan Area, the employee shall be deemed to remain an employee of the board of education for the purposes of any sick leave credit plan of such board of education until the School Board has established a sick leave credit plan for its employees, whereupon the School Board shall place to the credit of the employee the sick leave credits standing to his or her credit in the plan of the board of education. R.S.O. 1990, c. M.62, s. 142.

Elementary school agreement

143.  (1) There shall be only one agreement at any one time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards.

Secondary school agreement

(2) There shall be only one agreement at any one time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards.

Contents of agreement

(3) The terms and conditions of employment referred to in subsections (1) and (2) are salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined.

Definition

(4) In this section,

“financial benefits” means,

(a) compensation other than salary payable or provided directly or indirectly except money paid in reimbursement of expenses incurred in the performance of duties,

(b) a benefit that, at the date the agreement under which the benefit is provided is ratified, has a value that is required to be included in income under the Income Tax Act (Canada), and

(c) an insured employee benefit. R.S.O. 1990, c. M.62, s. 143.

Joint negotiations by boards

144.  (1) The School Board and the boards of education shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143.

Committee

(2) Negotiations on behalf of the School Board and the boards of education related to making or renewing an agreement mentioned in section 143 shall be carried out under the direction of a committee with each of the boards appointing one member of the committee.

Decisions by committee

(3) A decision by the majority of the members of the committee, representing together the employers of a majority of the elementary school teachers or secondary school teachers as the case requires, is the decision of the committee.

Ratification by boards

(4) A decision by the committee to approve an agreement mentioned in section 143 is not effective until the decision is ratified by a majority of the boards and the majority employs the majority of the elementary school teachers or secondary school teachers, as the case requires.

Replacement of member of committee

(5) The School Board may remove from the committee a person appointed by the School Board and a board of education may remove from the committee a person appointed by the board of education, but the School Board or board of education shall appoint another person to the committee in the place of the person removed. R.S.O. 1990, c. M.62, s. 144.

Joint negotiations by elementary school branch affiliates

145.  (1) The branch affiliates that represent the elementary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143.

Committee

(2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee.

Appointments

(3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). R.S.O. 1990, c. M.62, s. 145.

Joint negotiations by secondary school branch affiliates

146.  (1) The branch affiliates that represent the secondary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143.

Committee

(2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee.

Appointments

(3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). R.S.O. 1990, c. M.62, s. 146.

Committee

147.  (1) A committee directing negotiations on behalf of branch affiliates may determine its own procedures.

Ratification

(2) A decision by a committee to approve an agreement mentioned in section 143 is not effective until the decision is ratified,

(a) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who are employed by the boards and participate in the ratification vote; and

(b) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who participate in the ratification vote mentioned in clause (a) conducted among the elementary school teachers or secondary school teachers, as the case may be, employed by each of a majority of the boards. R.S.O. 1990, c. M.62, s. 147.

Additional provision of elementary school agreement

148.  (1) The boards and the branch affiliates that represent the elementary school teachers employed by the boards may include in an agreement between them mentioned in section 143 any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards.

Additional provision of secondary school agreement

(2) The boards and the branch affiliates that represent the secondary school teachers employed by the boards may include in an agreement between them mentioned in section 143 any other term or condition of employment of the teachers that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. R.S.O. 1990, c. M.62, s. 148.

Elementary school local agreement

149.  (1) A board and the branch affiliates that represent the elementary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 143.

Secondary school local agreement

(2) A board and the branch affiliates that represent the secondary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 143.

Priority

(3) No board or branch affiliate shall make or renew an agreement respecting a term or condition mentioned in subsection (1) or (2) until an agreement mentioned in subsection 143 (1) or (2), as the case requires, is made or renewed in accordance with this Part and the School Boards and Teachers Collective Negotiations Act.

Separate proceedings

(4) Negotiations to make or renew an agreement mentioned in section 143 and negotiations to make or renew an agreement mentioned in subsection (1) or (2) may proceed simultaneously and the School Boards and Teachers Collective Negotiations Act applies separately in respect of each such agreement and the negotiations and proceedings in respect of each such agreement. R.S.O. 1990, c. M.62, s. 149.

Application of School Boards and Teachers Collective Negotiations Act

150.  (1) Except as modified by this Part, the School Boards and Teachers Collective Negotiations Act applies to negotiations, proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards.

Application of Part

(2) No agreement between a board and a branch affiliate is valid unless the agreement is made or renewed in accordance with this Part. R.S.O. 1990, c. M.62, s. 150.

Board not to implement variant term or condition of employment

151.  (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 143.

Direction by O.L.R.B.

(2) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agreement mentioned in section 143, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or refrain from doing with respect to the term or condition of employment.

Enforcement

(3) The Ontario Labour Relations Board shall file in the Ontario Court (General Division) a copy of a direction made under subsection (1), exclusive of the reasons therefor, and the direction shall be entered and is enforceable in the same way as a judgment or order of the court.

Application of Labour Relations Act

(4) The Labour Relations Act applies, with necessary modifications, in respect of proceedings before the Ontario Labour Relations Board under this section. R.S.O. 1990, c. M.62, s. 151.

Definitions

152.  (1) In this section,

“additional”, in relation to teachers, means in addition to the teachers that a board is entitled to employ under an agreement under section 143; (“supplémentaire”)

“school year” has the same meaning as in the Education Act. (“année scolaire”) R.S.O. 1990, c. M.62, s. 152 (1).

Employment of additional teachers

(2) A board of education may employ in a year more elementary school teachers or secondary school teachers or both than the board of education is entitled to employ under an agreement under section 143 if the expenditure attributable to the employment of the additional teachers,

(a) is not included in the portion of the estimates of the board of education approved by the School Board; and

(b) does not exceed the aggregate of the amounts that are required to be transferred to the board of education under section 155 by the council of the area municipality in which the board of education has jurisdiction and by the School Board. R.S.O. 1990, c. M.62, s. 152 (2); 1994, c. 27, s. 111 (7).

Limitation

(3) Where in a year the School Board has increased the apportionment of an area municipality under subsection 139 (10), the maximum amount of expenditure attributable to the employment of the additional teachers limited by clause (2) (b) shall be reduced by the amount, if any, by which the apportionment was increased under subsection 139 (10). 1994, c. 27, s. 111 (8).

Termination of teachers’ employment

(4) Where the increase in the apportionment mentioned in subsection (3) exceeds the aggregate of the amounts mentioned in clause (2) (b), the board of education,

(a) shall not continue the employment of the additional teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and

(b) shall not employ more additional teachers in the year in which the apportionment is increased. 1994, c. 27, s. 111 (9).

(5), (6) Repealed: 1994, c. 27, s. 111 (9).

Payment by Metropolitan Corporation

153.  (1) The Metropolitan Corporation shall pay to the School Board, in monthly instalments, the money required by the School Board as shown in its estimates submitted under clause 139 (1) (g), except the money required for the purposes of subclauses (iv) and (v) of such clause, and the money required for the purposes of such subclause (v) shall be paid to the School Board from time to time as required.

Payment by School Board to boards of education

(2) The School Board shall pay to each board of education in the Metropolitan Area, in monthly instalments, the money required by such board of education as shown in its estimates approved by the School Board, except money approved for permanent improvements, which shall be paid to such board of education from time to time as required, but the total of such monthly payments shall be reduced by the amounts, if any, that are deducted from the legislative grants for payment to the Teachers’ Superannuation Fund and the Canada Pension Plan on behalf of the teachers employed by that board of education. R.S.O. 1990, c. M.62, s. 153.

Legislative grants

154.  (1) The special and general legislative grants, which but for this Act would be payable to boards of education in the Metropolitan Area, shall be calculated as provided in the regulations.

Grants payable to School Board

(2) The special and general legislative grants, except those paid to boards of education under subsection (3), shall be paid to the School Board.

Grants payable to boards of education

(3) The legislative grants in respect of expenditures made by a board of education for the construction of classrooms to the extent that such expenditures were approved by the Minister and raised entirely by levies under subsection 155 (9) in the area municipality in which such board of education has jurisdiction, shall be paid to the board of education. R.S.O. 1990, c. M.62, s. 154.

Estimates of boards of education

155.  (1) Each board of education in the Metropolitan Area, instead of submitting to a municipal council its annual estimates as provided by law, shall prepare, adopt and submit each year to the School Board, on or before such date and in such form as the School Board may prescribe, its estimates for the current year of all sums required during the year for the purposes of the board of education, and such estimates,

(a) shall set forth the estimated revenues and expenditures of the board of education;

(b) shall make due allowance for a surplus of any previous year that will be available during the current year;

(c) shall provide for a deficit of any previous year;

(d) may provide for expenditures to be made out of current funds for permanent improvements;

(e) shall set forth separately the estimated expenditure in respect of the employment of teachers under section 152 in addition to the number of teachers that the board is entitled to employ under an agreement under section 143 that provides the method by which the number of teachers to be employed by the board is determined. R.S.O. 1990, c. M.62, s. 155 (1); 1994, c. 27, s. 111 (10).

Approval of estimates by School Board

(2) Upon receipt by the School Board of the estimates of all the boards of education in the Metropolitan Area, the School Board shall consider the estimates, having regard to the limit upon the amount that it may include in its estimates for expenditures for permanent improvements out of current funds, and approve such estimates in whole or in part, and shall notify each such board of education of the extent to which its estimates have been approved by the School Board.

Idem

(3) In considering such estimates, the School Board shall endeavour to provide for all boards of education in the Metropolitan Area, having regard to their varying needs, the funds necessary for an educational program throughout the Metropolitan Area. R.S.O. 1990, c. M.62, s. 155 (2, 3).

Estimates to council of area municipality

(4) If the estimates of a board of education are not approved in whole by the School Board, the board of education may submit to the council of the area municipality in which the board of education has jurisdiction the estimates of the board of education that were submitted to the School Board as adjusted in accordance with subsections (5) and (6) and a requisition of the amount of the estimates for school purposes required to be raised by the council.

Adjustment of estimates

(5) The estimates mentioned in subsection (4) shall be adjusted as follows:

1. The board of education shall adjust the estimates to include and to make due allowance for the revenues to be derived from the School Board pursuant to the estimates approved by the School Board.

2. The board of education shall adjust the estimates so that the difference between the estimates of amounts required by the board of education for school purposes and the revenues for such purposes to be derived by the board of education from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum computed by,

i. dividing the estimates of the board of education for school purposes approved by the School Board by the aggregate of the estimates of all the boards of education for school purposes approved by the School Board,

ii. multiplying the quotient computed under subparagraph i by two and one-half mills in the dollar upon the total rateable property, as defined in section 139, in the Metropolitan Area for school purposes, and

iii. reducing the product computed under subparagraph ii by an amount equal to the amount of any deficit used to increase the apportionment to the area municipality under section 139 for school purposes.

Further
adjustment

(6) The estimates, as adjusted under subsection (5), shall be further adjusted as follows:

1. The board of education shall divide the amount that, having regard for the computations required by subsection (5), the board of education determines is necessary for its purposes by the amount of the estimates of the board of education that have been approved by the School Board as adjusted in accordance with subsection (5) but excluding the adjustment in subparagraph iii of paragraph 2 of subsection (5).

2. The board of education shall multiply the quotient obtained under paragraph 1 by two and one-half mills in the dollar upon the total rateable property, as defined in section 139, in the area municipality for school purposes other than separate school purposes. 1994, c. 27, s. 111 (11).

Transmittal of copy to School Board

(7) A board of education that submits estimates and a requisition to the council of an area municipality under subsection (4) shall transmit to the School Board a copy of the estimates and requisition.

Time limit

(8) A board of education must submit its estimates and requisition under subsection (4) and transmit a copy under subsection (6) within twenty days after the School Board notifies the board of education under subsection (2) of the extent to which its estimates have been approved by the School Board. R.S.O. 1990, c. M.62, s. 155 (7, 8).

Local levy

(9) The council of an area municipality shall levy and collect each year the money requisitioned for the year for school purposes in accordance with subsection (4) by the board of education that has jurisdiction in the area municipality. 1994, c. 27, s. 111 (12).

Where levy equal to need

(10) Where the money to be levied and collected by the council of an area municipality under subsection (9) are equal to the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education, the council shall transfer the money it is required to levy and collect to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9).

Where levy less than need

(11) Where the money to be levied and collected by the council of an area municipality under subsection (9) is less than the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education,

(a) the council shall transfer the money it is required to levy and collect to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9); and

(b) the School Board shall transfer to the board of education an amount equal to the difference between the amount the board of education has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education and the amount of the money the council of the area municipality is required to transfer under clause (a) to the board of education.

Where levy greater than need

(12) Where the money to be levied and collected by the council of an area municipality under subsection (9) is greater than the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education,

(a) the council shall transfer to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9), amounts that in the aggregate do not exceed the amount the board of education has determined is necessary for its purposes; and

(b) the council shall transfer to the School Board, at the same times as amounts are transferred under clause (a), amounts that in the aggregate are equal to the difference between the amount of money that the council is required to levy and collect and the aggregate of the amounts that the council is required under clause (a) to transfer to the board of education. R.S.O. 1990, c. M.62, s. 155 (10-12).

Same

(13) The amount required to be raised by the council of each area municipality under subsection (9) for school purposes, other than separate school purposes, shall be raised by levy upon all property rateable for school purposes within the area municipality according to the last revised assessment roll. 1994, c  27, s. 111 (13).

Appeal to O.M.B.

(14) If the estimates of a board of education are not approved in whole by the School Board, the board of education may, within fifteen days after notice is given under subsection (2), appeal to the Municipal Board, provided that any amount in issue in such an appeal shall not be included in its estimates under subsection (4).

Powers of O.M.B.

(15) The Municipal Board shall conduct a public hearing of every such appeal upon such notice as it considers proper and may dismiss the appeal or may by order require the School Board to provide additional funds to the board of education to an extent not exceeding the amounts in issue in such appeal, and, in considering any such appeal, the Municipal Board shall have regard amongst other things to the matters referred to in subsections (2) and (3).

Where order requires additional funds to be provided

(16) If an order of the Municipal Board requiring the School Board to provide additional funds to a board of education,

(a) is issued in any year before the estimates of the School Board for such year are submitted to the Metropolitan Council, the School Board shall include in its estimates for that year the amount required to be paid pursuant to the order; or

(b) is issued in any year after the estimates of the School Board for such year are submitted to the Metropolitan Council, the Metropolitan Council shall advance to the School Board the amount required to be paid pursuant to the order and may borrow money from time to time by way of promissory note for such purpose, and the School Board shall include in its estimates for the next succeeding year the amount required to repay such advance and the interest charges on any amounts borrowed by the Metropolitan Council for the purpose of making such advance.

Order, terms and conditions

(17) The Municipal Board may issue an order under subsection (15) upon such terms and conditions, including terms and conditions with respect to the use of the funds to be paid to the board of education thereunder, as the Municipal Board considers appropriate. R.S.O. 1990, c. M.62, s. 155 (14-17).

Application of money transferred to School Board

156.  (1) The School Board shall apply money transferred to it in each year under section 155 by the councils of the area municipalities,

(a) firstly, for the purpose of the transfers to boards of education that the School Board is required to make in the year under section 155; and

(b) secondly, to reduce the estimates submitted by the School Board to the Metropolitan Council in the next year.

Reduction of estimates in current year

(2) Where, in any year, the School Board complies with clause (1) (a) before submitting its estimates to the Metropolitan Council, the School Board may apply any amount remaining out of the money transferred to it under section 155 to reduce its estimates in the year instead of the next year.

Increase of estimates in current year

(3) Where, in any year, sufficient money is not transferred to the School Board under section 155 to enable it to comply with clause (1) (a) and the School Board has not submitted its estimates for the year to the Metropolitan Council, the School Board may include in the estimates the amount that it considers necessary to enable it to comply with clause (1) (a).

Short term borrowing

(4) Where, in any year, sufficient money is not transferred to the School Board under section 155 to enable it to comply with clause (1) (a) and the School Board has submitted its estimates for the year to the Metropolitan Council, the School Board may borrow the money required to enable it to comply with clause (1) (a) by promissory note until sufficient money is transferred to the School Board under section 155 or by the Metropolitan Council. R.S.O. 1990, c. M.62, s. 156 (1-4).

School purposes

(5) Money levied and collected upon requisitions for school purposes shall be applied under subsection (1) in respect of school purposes.1994, c. 27, s. 111 (14).

(6) Repealed: 1994, c. 27, s. 111 (14).

School debenture liability

157.  (1) The Metropolitan Corporation shall pay to each area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality for public or secondary school purposes.

Default

(2) If the Metropolitan Corporation fails to make any payments as required by subsection (1), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made. R.S.O. 1990, c. M.62, s. 157 (1, 2).

Debenture deemed to be for school purposes

(3) On and after January 1, 1996, any outstanding debenture issued for public or secondary school purposes shall be deemed to have been issued for school purposes. 1994, c. 27, s. 111 (15).

Property vested in Scarborough Board of Education

158.  (1) All real property in that portion of the Township of Pickering annexed to The Corporation of the Borough of Scarborough under subsection 150 (2) of the Municipality of Metropolitan Toronto Act, being chapter 314 of the Revised Statutes of Ontario, 1980, vested in The Ontario County Board of Education on the 31st day of December, 1973, is vested in The Board of Education for the Borough of Scarborough.

Liability of Metropolitan Corporation

(2) No compensation shall be payable by The Board of Education for the Borough of Scarborough, but the Metropolitan Corporation shall pay to The Corporation of the Town of Pickering before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued in respect of any property vested in The Board of Education for the Borough of Scarborough under subsection (1), and The Corporation of the Town of Pickering shall reimburse the Borough of Scarborough for the amount of any payments made by the Borough of Scarborough to The Corporation of the Town of Pickering in respect of such debentures.

Liability for debenture payments made by Metropolitan Corporation

(3) All amounts of principal and interest becoming due in respect of the debentures referred to in subsection (2) shall be included in the estimates of the School Board under subclause 139 (1) (g) (iv) and shall be repaid by levies against all the area municipalities. R.S.O. 1990, c. M.62, s. 158.

Liability for school debentures issued by the Metropolitan Corporation

159.  (1) Despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due on and after the 1st day of January, 1967, with respect to any debentures issued for public or secondary school purposes by the Metropolitan Corporation since the 1st day of January, 1954, or issued hereafter, shall be repaid by levies against all the area municipalities. R.S.O. 1990, c. M.62, s. 159.

Same

(2) All amounts of principal and interest becoming due on and after January 1, 1996 with respect to any debentures issued for school purposes by the Metropolitan Corporation shall be repaid by levies against all the area municipalities. 1994, c. 27, s. 111 (16).

Discontinuation and sale of schools

160.  (1) Despite the provisions of this or any other Act, no board of education in the Metropolitan Area,

(a) shall discontinue the operation and maintenance of any school under its jurisdiction; or

(b) shall sell, lease or otherwise dispose of any school site or school building, or any item of school property the cost of which was financed in whole or in part by the issue of debentures,

without the approval of the School Board.

Proceeds of sale of property

(2) Where a board of education sells, leases or otherwise disposes of any school site or school building in accordance with clause (1) (b), it shall pay the proceeds of such sale to the School Board. R.S.O. 1990, c. M.62, s. 160 (1, 2).

Use of proceeds

(3) The School Board shall use the proceeds of the disposal of property paid to it under subsection (2) only for permanent improvements for school purposes. 1994, c. 27, s. 111 (17).

Transfer of school property

161.  A board of education with the approval of the School Board may transfer property that was acquired for public school purposes to secondary school purposes and vice versa. 1994, c. 27, s. 111 (18).

Application for debentures for school purposes

162.  (1) Where a board of education in the Metropolitan Area desires that the sums required for permanent improvements as defined in the definition of “permanent improvement” in subsection 1 (1) of the Education Act shall be raised by the issue and sale of debentures, it may apply to the School Board and it shall at the same time deliver a copy of such application to the clerk of the Metropolitan Corporation.

Idem

(2) The application shall state the purpose of the proposed borrowing, the nature and the estimated cost of the proposed work or project.

Disposition of application by School Board

(3) The School Board, at its first meeting after receiving the application or as soon thereafter as possible, shall consider and approve or disapprove the application, and the secretary of the School Board shall forward a certified copy of its resolution in respect of the application to the secretary of the applicant board of education and to the clerk of the Metropolitan Corporation.

Renovation of school buildings

(4) A board of education in the Metropolitan Area may renovate any school buildings under its jurisdiction and the same shall be deemed permanent improvements for the purposes of this Act. R.S.O. 1990, c. M.62, s. 162.

Restriction

(5) No board of education shall make any commitment in connection with a permanent improvement to be financed under this section until,

(a) the School Board has approved the cost of the permanent improvement; and

(b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it. 1996, c. 32, s. 78 (14).

School Board debentures

163.  (1) Despite subsection 162 (5), if the Metropolitan Corporation disapproves an application under section 162 or 164, the School Board may, subject to subsection (2), borrow money and raise the sums required by issuing debentures in the manner prescribed for the issue of municipal debentures under the Municipal Act.

O.M.B. approval

(2) If the amount to be borrowed exceeds the limit prescribed under subsection 235.3 (1) of the Education Act, the approval of the Municipal Board is required.

Duties and powers

(3) For the purposes of this section, the School Board, its chair and its treasurer have the same duties and powers in connection with the issuing of debentures and the use of money from the sale and hypothecation of debentures as the Municipal Act imposes and confers on a municipality, its head of council and its treasurer respectively.

Application of Education Act, subs. 235 (2)

(4) For the purposes of this section, subsection 235 (2) of the Education Act applies to the School Board, with necessary modifications.

Application of certain provisions of Municipal Act

(5) For the purposes of this section, section 123 of the Municipal Act, except subsections (1), (2), (10), (11) and (14), applies to the School Board, with necessary modifications. 1996, c. 32, s. 78 (15).

Authorizing by-law

163.1  (1) If the School Board applies to the Metropolitan Council to borrow money and issue debentures in respect of a permanent improvement of the School Board or of a board of education and if the Minister of Education and Training agrees to pay to the School Board or to the Metropolitan Corporation the amounts required to meet the principal and interest payments on the debentures or loan, the Metropolitan Council shall pass a by-law authorizing the borrowing of money for the purposes stated in the application and the issue of debentures to secure the repayment of the money borrowed.

O.M.B. approval not required

(2) Sections 65 and 66 of the Ontario Municipal Board Act do not apply to the Metropolitan Council’s exercise of its powers under subsection (1).

Payment by treasurer

(3) The treasurer of the School Board shall pay forthwith to the treasurer of the Metropolitan Corporation any amounts received by the Board under subsection (1).

Payment by treasurer of Metropolitan Corporation

(4) The treasurer of the Metropolitan Corporation shall pay to the holder of the debentures on or before the due date an amount in respect of a principal and interest payment paid under subsection (1) or (3). 1993, c. 23, s. 69 (3).

Application for issue and sale of debentures

164.  (1) The School Board may apply to the Metropolitan Council for the issue and sale of debentures by the Metropolitan Corporation for the purpose of financing permanent improvements to be undertaken by the School Board or a board of education.

Same

(2) The application shall not specify particular sites or projects.

Restriction

(3) No board of education shall make any commitment in connection with a permanent improvement to be financed under subsection (1) until,

(a) the School Board has approved the cost of the permanent improvement; and

(b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it.

Definition

(4) In this section,

“permanent improvement” means,

(a) a permanent improvement as defined in subsection 1 (1) of the Education Act, or

(b) a renovation that is deemed to be a permanent improvement under subsection 162 (4). 1996, c. 32, s. 78 (16).

Application of Education Act

164.1  Section 235.3 of the Education Act applies with necessary modifications to the School Board. 1993, c. 23, s. 69 (5).

Acquisition of school sites by School Board

165.  (1) If it appears to the School Board that the erection of a school for pupils from more than one school section or secondary school district in the Metropolitan Area is or will be desirable, the School Board may acquire land for the school site by purchase or otherwise or by expropriation.

Borrowing

(2) The Metropolitan Council may borrow money at the request of the School Board for the purpose of acquiring land under subsection (1), and the School Board shall pay the interest charges on the amount borrowed as they fall due and shall repay the principal sum within five years from the date it was made available to it.

Transfer to board of education

(3) Upon being reimbursed for all expenses, including interest charges on money borrowed under subsection (2), actually incurred in acquiring and holding the land less any revenue received therefrom, the School Board may convey the land to a board of education having jurisdiction in one of the school sections or secondary school districts from which pupils will attend the school when erected.

Disposition

(4) The School Board may sell land acquired under subsection (1) if it appears to the School Board that such land will not be required for the erection of a school and may lease or rent such land at any time if it appears to the School Board that it is not immediately so required. R.S.O. 1990, c. M.62, s. 165.

Certain school boards and districts exempted

166.  (1) Nothing in this Act affects any public school board or public school section within the Metropolitan Area heretofore or hereafter established by the Minister under section 68 of the Education Act or any secondary school board or secondary school district within the Metropolitan Area hereafter established by the Minister under subsection 68 (2) of the Education Act.

Application of Teachers’ Pension Act

(2) The School Board shall be deemed to be a board within the meaning of the Teachers’ Pension Act. R.S.O. 1990, c. M.62, s. 166.

Admission of non-resident pupils

167.  (1) A board of education in the Metropolitan Area shall not admit to a secondary school operated by it any pupil who is not a resident pupil without prior approval of the School Board.

Rights of wards of Children’s Aid Society to attend school

(2) Where a child,

(a) who is a ward in the care of The Metropolitan Toronto Children’s Aid Society or whose parent is a single parent who is the child’s sole support; and

(b) who has the right to attend a public or secondary school in an area municipality without payment of a fee,

resides in the Metropolitan Area, the child has the same right to attend a school without payment of a fee as he or she would have if his or her residence was that of his or her parents or guardians, and, if he or she does so attend, shall be deemed for all purposes to be a resident pupil of the school section or secondary school district in which he or she resides.

Rights of wards of Catholic Children’s Aid Society

(3) Where a child,

(a) who is a ward in the care of The Metropolitan Toronto Catholic Children’s Aid Society or whose parent is a single parent who is the child’s sole support; and

(b) who has the right to attend a secondary school in an area municipality without payment of a fee,

resides in the Metropolitan Area, the child has the same right to attend a secondary school without payment of a fee as he or she would have if his or her residence was that of his or her parents or guardians, and, if he or she does so attend, shall be deemed for all purposes to be a resident pupil of the secondary school district in which he or she resides. R.S.O. 1990, c. M.62, s. 167.

Swimming pools on school property

168.  (1) The council of any area municipality may grant aid to the board of education for the area municipality to pay in whole or in part for the construction by the board of education of indoor or outdoor swimming pools on the property of the board of education.

Agreements

(2) An area municipality and the board of education thereof may enter into agreements with respect to the construction, control, operation, maintenance and repair of such swimming pools and with respect to the operation and use of such swimming pools, except during school hours, by the area municipality.

Fees

(3) The council of an area municipality may charge fees for the use of or admission to such swimming pools while the operation and use of the pools is under the control of the area municipality.

Debentures

(4) The Metropolitan Corporation may issue debentures for the purposes of any undertaking under this section. R.S.O. 1990, c. M.62, s. 168.

Insurance on school property

169.  Insurance placed by a board of education on its property shall be deemed to have been placed on its own behalf and on behalf of the School Board, and any proceeds of such insurance shall,

(a) if requested by the School Board, be paid to the School Board; and

(b) be used in the manner provided in subsection 160 (3). R.S.O. 1990, c. M.62, s. 169.

169.1  Repealed: 1993, c. 11, s. 49.

169.2  (1), (2) Repealed: 1993, c. 11, s. 49.

Adults with developmental handicaps

(3) A board of education in the Metropolitan Area may, subject to the regulations in respect of continuing education courses and classes, provide during the school day or outside the school day a program for adults who,

(a) have developmental handicaps;

(b) are not qualified by reason of age to attend a school or class provided by the board of education; and

(c) are otherwise qualified to be resident pupils of a board of education or were pupils in a school or class,

(i) operated for exceptional pupils with developmental handicaps by a board of education or the Council, or

(ii) operated for trainable retarded pupils or exceptional pupils with developmental handicaps by the School Board before this subsection applied to the board of education.

Same

(4) Subsection (3) does not apply to a board of education until the date specified by the board of education under subsection (2) or the 1st day of January, 1995, whichever occurs first. 1993, c. 11, s. 49.

(5) Repealed: 1993, c. 11, s. 49.

French-language adult programs

(6) The Council may, subject to the regulations in respect of continuing education courses or classes, provide during the school day or outside the school day a program in the French language for adults who,

(a) have developmental handicaps;

(b) are not qualified by reason of age to attend a school or class provided by the Council; and

(c) are otherwise qualified to be resident pupils of the Council or were pupils in a school or class,

(i) operated for exceptional pupils with developmental handicaps by the Council or a board of education, or

(ii) operated for trainable retarded pupils or exceptional pupils with developmental handicaps by the School Board before this subsection applied to the Council.

Same

(7) Subsection (6) does not apply until the date specified by the Council under subsection (5) or the 1st day of January, 1995, whichever occurs first. 1993, c. 11, s. 49.

(8) Spent.

Designation of staff affected by ss. 169.1 and 169.2

169.3  (1) When the School Board ceases to perform functions under section 169.1 or 169.2 because of a resolution under section 169.1 or 169.2, the repeal of subsections 169.1 (1) and (2) or the repeal of subsection 169.2 (1), the School Board shall designate the persons employed by the School Board whose services will no longer be required by the School Board.

Transfer of employment

(2) The employment contract or employment relationship, as the case may be, of a person designated by the School Board under subsection (1) is transferred to, and assumed by, the board of education in the Metropolitan Area that is assuming the functions that were performed by the School Board, effective on the date the board of education assumes the functions.

Same employment

(3) The board of education to which the employment contract or employment relationship of a person is transferred under subsection (2) shall employ the person in a position that is substantially the same as the position in which the person was employed immediately before the transfer.

Same

(4) For the purpose of subsection (3), the person whose employment contract or employment relationship is transferred shall be deemed to have the qualifications required for a position in which he or she is required to be employed under subsection (3), but nothing in this subsection affects the person’s ability to qualify for employment in another position or in a location other than the location in which he or she is employed immediately after the transfer.

Salary or wage rate

(5) A designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) has the right following the transfer to receive a salary or wage rate of not less than the salary or wage rate that the person was being paid immediately before the transfer, but if the salary or wage rate of the position in which the person is employed by the board of education is lower than the salary or wage rate the person was being paid immediately before the transfer, the person is not entitled to any increase in salary or wage rate until the salary or wage rate of the position becomes equal to the salary or wage rate the person was being paid immediately before the transfer.

Seniority and employment status

(6) A designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) has the right to commence employment with the board of education with the same seniority, the same credit for service and the same probationary or permanent status that the person would have had if the person had commenced employment with the board of education when he or she last commenced employment with the School Board.

Sick leave credits

(7) Sick leave credits standing to a designated person’s credit immediately before the person’s employment contract or employment relationship is transferred under subsection (2) shall be transferred to the plan maintained by the board of education to which the contract or relationship is transferred at the time the contract or relationship is transferred.

Credit for total accumulation

(8) If the number of sick leave credits transferred exceeds the total number of sick leave credits that may be accumulated under the plan to which they are transferred, the designated person shall be given credit in the plan for the number transferred but is not entitled to accumulate further sick leave credits under the plan unless the plan is amended to permit greater accumulation.

Accumulation and use of sick leave credits

(9) Subject to subsection (8), a designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) is entitled to accumulate and to use sick leave credits in accordance with the plan maintained by the board of education to which the contract or relationship is transferred.

Sick leave credit gratuity

(10) On termination of employment with the board of education to which a designated person’s employment contract or employment relationship is transferred under subsection (2), the person is entitled to any payment in respect of unused sick leave credits to which the person is entitled under,

(a) the collective agreement that applies on the last date the person is employed by the board of education before the termination of employment, if a collective agreement applies in respect of the person on that date; or

(b) the policy of the board of education as of the last date the person is employed by the board of education before the termination of employment, if no collective agreement applies in respect of the person on that date.

Grievance procedure

(11) Sections 137 to 142 of the Education Act apply with necessary modifications to disputes in respect of the designation of or failure to designate a person, and to disputes in respect of any matter arising under this section between a designated person and the board of education to which the person’s employment contract or employment relationship is transferred under subsection (2). 1993, c. 11, s. 49.

Note: Effective January 1, 1998, Part IX (sections 170 to 174) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART IX
REGIONAL LIBRARY BOARD

Definitions

170.  In this Part,

“area board” means a public library board established for an area municipality; (“conseil de secteur”)

“Library Board” means the Metropolitan Toronto Library Board; (“conseil des bibliothèques”)

“Minister” means the Minister of Culture and Communications. (“ministre”) R.S.O. 1990, c. M.62, s. 170.

Metropolitan Toronto Library Board

171.  (1) The corporation known as the Metropolitan Toronto Library Board is continued under the name Metropolitan Toronto Library Board in English and Conseil des bibliothèques de la communauté urbaine de Toronto in French, and shall be composed of,

(a) one person appointed by the council of each area municipality who shall be a resident in the area municipality and who may be a member of a public library board;

(b) the chair of the Metropolitan Council;

(c) one person appointed by The Metropolitan Toronto School Board who shall be a resident in the Metropolitan Area;

(d) one person appointed by the Metropolitan Separate School Board who shall be a resident in the Metropolitan Area; and

(e) two persons appointed by the Metropolitan Council who shall be residents in the Metropolitan Area.

Time of appointment

(2) Appointments of members of the Library Board shall be made in the month of December in every year in which a regular election is held for the metropolitan councillors.

Term of office

(3) Members appointed under subsection (2) shall hold office for a three-year term, commencing on the 1st day of January after they are appointed and may be reappointed.

Exception

(4) Despite subsections (2) and (3), members of the Library Board in office on the 19th day of December, 1989 shall continue in office until the 31st day of December, 1991.

Chair may appoint delegate

(5) The chair of the Metropolitan Council may designate any member of the Metropolitan Council to be his or her delegate at any or all of the meetings of the Library Board.

Chair and quorum

(6) The Library Board, from among its members, shall elect a chair and may elect a vice-chair, and a majority of the members of the Library Board constitutes a quorum.

Acting chair

(7) In the absence of the chair or the vice-chair, if any, the Library Board may appoint one of its members as acting chair.

Finances

(8) The Library Board shall submit annually to the Metropolitan Council an estimate of its financial requirements for the year, and the Metropolitan Council may amend such estimate and shall pay to the Library Board out of the money appropriated for the Library Board such amounts as may be requisitioned from time to time.

Power to acquire land

(9) The Library Board may,

(a) with the approval of the Metropolitan Council, acquire by purchase, lease or otherwise any land required for its purposes and sell, lease or otherwise dispose of any land or buildings when no longer required for its purposes; and

(b) erect, maintain and repair buildings on its lands and make additions to or alterations of such buildings and may, with the approval of the Metropolitan Council, acquire or erect on its land, buildings larger than are required for library or branch library purposes, and may lease any parts of the buildings not so required, and shall be deemed to have always had such powers.

Power of Metropolitan Corporation to acquire land

(10) The power of the Metropolitan Corporation to acquire land for the purposes of the Metropolitan Corporation includes the power to acquire land for the purposes of the Library Board.

Actions, etc., against Library Board

(11) All claims, actions and demands arising from or relating to the operations of the Library Board or the exercise of any of its powers shall be made upon and brought against the Library Board and not upon or against the Metropolitan Corporation.

Idem

(12) The Library Board may sue and be sued in its own name. R.S.O. 1990, c. M.62, s. 171.

Assumption of lands and buildings

172.  (1) At the request of the Library Board, the Metropolitan Council may pass by-laws assuming on behalf of the Library Board any land or building that the Library Board requires for its purposes that is vested on the 31st day of March, 1966, in any area municipality or area board and that is used on such day for public library purposes, and on the day any such by-law becomes effective the property designated therein vests in the Library Board.

Buildings used for other purposes

(2) Where any part of a building mentioned in subsection (1) is used by the area municipality or area board for purposes other than those for which the Library Board was established, the Metropolitan Council may, at the request of the Library Board,

(a) where practicable, assume on behalf of the Library Board only the part of the building and land appurtenant thereto used for purposes similar to those for which the Library Board was established; or

(b) assume on behalf of the Library Board the whole building and land appurtenant thereto, and the Library Board may enter into an agreement with the area municipality or area board for the use of a part of the land or building by such area municipality or area board on such terms and conditions as may be agreed upon.

Liability of Metropolitan Corporation

(3) Where the Metropolitan Corporation assumes any property under subsection (1) or (2),

(a) no compensation or damage shall be payable to the area municipality or area board except as provided in this subsection;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due thereafter upon any outstanding debentures issued by the area municipality in respect of any property vested in the Library Board under subsection (1) or (2);

(c) despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due thereafter with respect to any debentures theretofore issued by the Metropolitan Corporation on behalf of such area municipality in respect of any property vested in the Library Board under subsection (1) or (2) shall be repaid by levies against all the area municipalities;

(d) the Metropolitan Corporation shall thereafter pay to the area municipality or area board, for the portion of any land or building vested in the Library Board under this section that is not used, on the 31st day of March, 1966, for purposes similar to those for which the Library Board was established, such amount as may be agreed upon, and, failing agreement, the Municipal Board, upon application, may determine the amount, and its decision is final, provided that such amount shall not be greater than the capital expenditure for such portion of the land or building less the amount of any outstanding debentures in respect of such portion.

Default

(4) If the Metropolitan Corporation fails to make any payments as required by clause (3) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(5) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of any property assumed, the Municipal Board, upon application, may determine the matter and its decision is final.

John Ross Robertson Collection

(6) The Library Board has, and since the 23rd day of August, 1977 shall be deemed to have had, the power to maintain the personal property known as the John Ross Robertson Collection in such building of the Library Board as the Library Board considers appropriate. R.S.O. 1990, c. M.62, s. 172.

Primary functions of Library Board

173.  (1) The primary functions of the Library Board are in co-operation with the area and other library boards,

(a) to provide a reference and research service that reflects the Metropolitan Area’s unique needs; and

(b) to supplement the public services provided by the area boards.

Deeming provision

(2) For the purposes of clause (1) (b), and for the purposes of provision by the Library Board of library resources and services to the Ontario library community, the Library Board shall be deemed to be a special library service board within the meaning of section 40 of the Public Libraries Act, but subsection 42 (2) of that Act shall not apply to the Library Board.

Grants

(3) The Minister may make grants to the Library Board under subsection 40 (1) of the Public Libraries Act for the purposes of the functions described in clauses (1) (a) and (b) and for any other resources and services specified by the Minister to be provided by the Library Board in its capacity as a special library service board.

Powers and duties of Library Board

(4) The Library Board,

(a) shall maintain a comprehensive collection of books, periodicals, films and other material for the purposes of clause (1) (a);

(b) may operate a book-information service and an inter-library book-loan service for its own collections and those of the area boards;

(c) may operate a circulating service for any part of its collections; and

(d) may provide such other services as it considers necessary for a comprehensive and efficient library service within the Metropolitan Area. R.S.O. 1990, c. M.62, s. 173.

Application of Public Libraries Act

174.  (1) Clauses 10 (1) (a), (b) and (d), sections 11, 12, 13, 15, 16, 17 and 18, clauses 20 (b) to (h), sections 22, 23 and 28, subsection 35 (1) and section 37 of the Public Libraries Act apply with necessary modifications to the Library Board.

Idem

(2) For the purposes of clause 10 (1) (d) of the Public Libraries Act, any employee of any of the appointing bodies referred to in subsection 171 (1) shall be deemed to be an employee of the Metropolitan Corporation.

Idem

(3) For the purposes of clause 13 (d) of the Public Libraries Act, the reference therein to clause 10 (1) (c) shall be deemed to be a reference to the membership and residential requirements of clauses 171 (1) (a), (c), (d) and (e) of this Act.

Idem

(4) For the purposes of subsection 22 (1) of the Public Libraries Act, the Metropolitan Council shall be deemed to be the sole appointing council. R.S.O. 1990, c. M.62, s. 174.

Note: Effective January 1, 1998, Part X (sections 175 to 178) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART X
AREA MUNICIPALITIES

Area municipalities continued

175.  (1) The area municipalities are continued with the same names, status and boundaries as they had on the 31st day of December, 1990.

Transitional adjustments

(2) The Minister may provide from time to time by order that, in the year or years and in the manner specified in the order, the council of the Borough of Scarborough shall levy, on the whole of the assessment for real property and business assessment according to the last revised assessment roll in any specified area or areas, rates of taxation for general purposes which are different from the rates which would have been levied for such purposes but for this subsection.

Ministry of Revenue to revise and adjust assessments

(3) In each year commencing in the year 1973, the Ministry of Revenue shall revise and adjust, by the 15th day of December, the assessments of the property in that portion of the Township of Pickering annexed to the Borough of Scarborough on the 1st day of January, 1974 by the use of adjustment factors which when applied to the local assessments of properties in that portion so annexed would increase or decrease the local assessments on such properties to a value on the same basis as the local assessments on similar properties in the Borough of Scarborough.

Deemed last revised assessment roll

(4) Despite any general or special Act, the last revised assessment roll of the Borough of Scarborough as revised and adjusted under subsection (3) by the Ministry of Revenue shall be deemed to be the last revised assessment roll of the Borough of Scarborough for all purposes.

When provisions cease to apply

(5) Subsections (3) and (4) shall cease to apply on a date to be determined by order of the Minister.

Application of special Acts

(6) The provisions of any special Act, in so far as they are not inconsistent with any of the provisions of this Act, relating to the City of Toronto, the Township of East York, the Township of Etobicoke or the Township of York shall apply to the whole of the area municipality of which it forms a part.

Idem

(7) The provisions of any special Act, in so far as they are not inconsistent with any of the provisions of this Act, relating to,

(a) the Village of Forest Hill or the Village of Swansea, shall continue to apply to the part of the City of Toronto formerly in the Village of Forest Hill or the Village of Swansea except where they are in conflict with any special Act relating to the City of Toronto;

(b) the Town of Leaside, shall continue to apply in the part of the Borough of East York formerly in the Town of Leaside except where they are in conflict with any special Act relating to the Township of East York;

(c) the Town of Mimico, the Town of New Toronto or the Village of Long Branch, shall continue to apply in the part of the Borough of Etobicoke formerly in the Town of Mimico, the Town of New Toronto or the Village of Long Branch except where they are in conflict with any special Act relating to the Township of Etobicoke;

(d) the Town of Weston, shall continue to apply in the part of the Borough of York formerly in the Town of Weston except where they are in conflict with any special Act relating to the Township of York. R.S.O. 1990, c. M.62, s. 175.

Alteration in status of area municipality

176.  (1) Despite section 175, upon recommendation of the Minister of Municipal Affairs pursuant to an application by the council of an area municipality, the Lieutenant Governor in Council, may, by order, alter the status of the area municipality to that of a township, village, town or city municipality, and may direct the new name that the area municipality will bear when its status is altered and the date when the alteration of status will take effect and may provide for any matters that are considered necessary or desirable for implementing the alteration of status or for carrying on the area municipality subsequent thereto, including the composition of its council.

Application of Municipal Act

(2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply, with necessary modifications, and any special Act that applied to the area municipality prior to the alteration of its status continue to apply to it subsequent thereto. R.S.O. 1990, c. M.62, s. 176.

Composition of council

177.  (1) The council of each area municipality shall be composed of a mayor elected by general vote who shall be the head of council and,

(a) if the area municipality has two or three wards, two or three members for each ward; or

(b) if the area municipality has four or more wards, one, two or three members for each ward.

Committees

(2) The council of each area municipality may establish standing or other committees and assign to them such duties as it considers expedient.

No boards of control

(3) Despite sections 64 and 65 of the Municipal Act, no area municipality shall have a board of control.

Deeming provision, title of members of council

(4) The Borough of East York shall be deemed to be a city municipality for the purposes of subsections 29 (8), (9), (10) and (11) of the Municipal Act. R.S.O. 1990, c. M.62, s. 177.

Notice of inquiry by Minister

178.  (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the Metropolitan Corporation, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister’s notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. An appeal of a by-law of the Metropolitan Council passed under subsection 5 (1) of this Act.

3. A petition under section 13.2 of the Municipal Act relating to an area municipality or to the Metropolitan Area. 1996, c. 32, s. 78 (17).

Note: Effective January 1, 1998, Part XI (sections 179 to 198) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XI
HEALTH AND WELFARE SERVICES

Definition

179.  (1) In this section,

“public welfare purposes” includes any purpose in respect of which any obligation is imposed or power is conferred on the Metropolitan Corporation in relation to matters referred to in this Part.

Assumption of lands and buildings for public welfare purposes

(2) The Metropolitan Council may pass by-laws assuming any land or building that it requires for public welfare purposes that is vested on the 31st day of March, 1966, in any area municipality and that is used on such day primarily for public welfare purposes, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation.

Buildings used for other purposes

(3) Where any part of a building mentioned in subsection (2) is used by the area municipality or a local board thereof for purposes other than public welfare purposes, the Metropolitan Council may,

(a) where practicable, assume only the part of the building and land appurtenant thereto used for public welfare purposes; or

(b) assume the whole building and land appurtenant thereto, and enter into an agreement with the area municipality or a local board thereof for the use of a part of the land or building by such area municipality or local board on such terms and conditions as may be agreed upon.

Liability of Metropolitan Corporation

(4) Where the Metropolitan Corporation assumes any property under subsection (2) or (3),

(a) no compensation or damage shall be payable to the area municipality except as provided in this subsection;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due thereafter upon any outstanding debentures issued by the area municipality in respect of any property vested in the Metropolitan Corporation under subsection (2) or (3);

(c) despite any order of the Municipal Board or any debenture by-law passed pursuant thereto, all amounts of principal and interest becoming due thereafter with respect to any debentures theretofore issued by the Metropolitan Corporation on behalf of such area municipality in respect of any property vested in the Metropolitan Corporation under subsection (2) or (3) shall be repaid by levies against all the area municipalities;

(d) the Metropolitan Corporation shall thereafter pay to the area municipality for the portion of any land or building vested in the Metropolitan Corporation under this section that is not used, on the 31st day of March, 1966, for public welfare purposes such amount as may be agreed upon, and, failing agreement, the Municipal Board, upon application, may determine the amount, and its decision is final, provided that such amount shall not be greater than the capital expenditure for such portion of the land or building less the amount of any outstanding debentures in respect of such portion.

Default

(5) If the Metropolitan Corporation fails to make any payments as required by clause (4) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Accommodation

(6) Where a building vested in an area municipality or local board is used partly for public welfare purposes and is not vested in the Metropolitan Corporation under this section, the area municipality or local board at the request of the Metropolitan Council shall provide, at such rental as may be agreed upon, at least as much accommodation in such building for the use of the Metropolitan Corporation as was being provided by the area municipality for public welfare purposes on the 31st day of March, 1966.

Transfer of personal property

(7) At the request of the Metropolitan Council, each area municipality, for the use of the Metropolitan Corporation,

(a) shall transfer to the Metropolitan Corporation without compensation all office supplies and stationery in the possession of the area municipality on the 31st day of December, 1966, that was provided exclusively for public welfare purposes; and

(b) shall transfer to the Metropolitan Corporation without compensation all personal property with the exception of office supplies and stationery in the possession of the area municipality on the 31st day of March, 1966, or thereafter that was provided exclusively for public welfare purposes.

Disposal of personal property

(8) No area municipality, without the consent of the Metropolitan Council, shall dispose of any personal property referred to in clause (7) (b).

Settling of doubts

(9) In the event of any doubt as to whether,

(a) any outstanding debenture or portion thereof was issued in respect of any property assumed; or

(b) any land or building referred to in subsection (2) was used primarily for public welfare purposes,

the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 179.

Liability of Metropolitan Corporation under certain Acts

180.  For the purposes of the following Acts, the Metropolitan Corporation shall be deemed to be a city and no area municipality shall be deemed to be a municipality:

Anatomy Act,

Day Nurseries Act,

Homemakers and Nurses Services Act,

Mental Hospitals Act,

War Veterans Burial Act.

R.S.O. 1990, c. M.62, s. 180.

Liability for hospitalization of indigents

181.  The Metropolitan Corporation shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act respecting the hospitalization and burial of indigent persons and their dependants, and no area municipality has any liability under such provisions. R.S.O. 1990, c. M.62, s. 181.

Indigent persons

182.  The Corporation of the City of Toronto is not liable, and the Metropolitan Corporation is liable, after the 31st day of December, 1953, for the hospitalization and burial of an indigent person or his dependant who was in hospital on the 31st day of December, 1953, or who is admitted to hospital after such date and in respect of whom the City is or would be liable under the provisions of an agreement dated the 21st day of February, 1947, made between the City, The Corporation of the Township of Toronto, The Corporation of the Township of Toronto Gore and The Corporation of the County of Peel, which agreement was validated and confirmed by The City of Toronto Act, 1947, being chapter 142, and nothing in this subsection relieves the City from any liability in respect of hospitalization provided or burials before the 1st day of January, 1954. R.S.O. 1990, c. M.62, s. 182.

Dairy farm inspections

183.  The Metropolitan Corporation may pay to the local board of health of any area municipality the whole or any part of the cost incurred by such local board for dairy farm inspections made after the 31st day of December, 1960. R.S.O. 1990, c. M.62, s. 183.

Public and isolation hospitals

184.  Subject to the Public Hospitals Act, the Metropolitan Corporation may establish, erect, equip, maintain and operate a public hospital. R.S.O. 1990, c. M.62, s. 184.

Liability respecting home for aged and rest homes

185.  The Metropolitan Corporation shall be deemed to be a city for the purposes of the Homes for the Aged and Rest Homes Act, and no area municipality has any liability as to the establishment, erection and maintenance of a home for the aged under that Act. R.S.O. 1990, c. M.62, s. 185.

186.  REPEALED: 1993, c. 2, s. 27.

Location of home for aged

187.  A home for the aged of the Metropolitan Corporation may be established, erected and maintained either within or outside the Metropolitan Area. R.S.O. 1990, c. M.62, s. 187.

Toronto home for aged vested in Metropolitan Corporation

188.  (1) The home for the aged established, erected or maintained under The Homes for the Aged Act, 1955, being chapter 30, by The Corporation of the City of Toronto, and all real and personal property used for the purposes of such home, is vested in the Metropolitan Corporation and, subject to subsection (2), no compensation or damages shall be payable to the City in respect thereof.

Existing debenture liability

(2) The Metropolitan Corporation shall pay to The Corporation of the City of Toronto before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the City for the purposes of such home for the aged.

Default

(3) If the Metropolitan Corporation fails to make any payments as required by subsection (2), the City may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the City determines, from the date payment is due until it is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued for the purposes of such home for the aged, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 188.

Vesting of certain trust fund in Metropolitan Corporation

189.  The trust fund, composed of undisbursed interest accumulated prior to the 1st day of January, 1982, on the trust accounts of residents of Metropolitan Toronto Homes for the Aged, is vested in the Metropolitan Corporation for distribution of both the fund and interest accruing thereon by the Metropolitan Council in its absolute discretion for the general benefit of the residents of Metropolitan Toronto Homes for the Aged, provided that no expenditure shall be made for the ordinary operation and maintenance of the Homes. R.S.O. 1990, c. M.62, s. 189.

Residents of County home for aged

190.  (1) The Metropolitan Corporation shall pay to The Regional Municipality of York the cost of maintenance in the County of York home for the aged of every resident of that home who was admitted thereto due to residence in an area municipality.

Amount of maintenance payment

(2) The amount payable by the Metropolitan Corporation under subsection (1) shall be such as may be agreed upon or, failing agreement, as may be determined by the Municipal Board. R.S.O. 1990, c. M.62, s. 190.

Metropolitan Corporation deemed municipality under Elderly Persons Centres Act

191.  Despite clause 1 (g) of the Elderly Persons Centres Act, the Metropolitan Corporation shall be deemed to be a municipality for the purposes of such Act. R.S.O. 1990, c. M.62, s. 191.

Support of children

192.  The Corporation of the City of Toronto is not liable, and the Metropolitan Corporation is liable, after the 31st day of December, 1953, for the support of children committed temporarily or permanently to the care and custody of a children’s aid society in respect of which child an order for maintenance was in force on the 31st day of December, 1953, or is made after such date and in respect of which support the City is or would be liable under the provisions of an agreement dated the 21st day of February, 1947, made between the City, The Corporation of the Township of Toronto, The Corporation of the Township of Toronto Gore and The Corporation of the County of Peel which agreement was validated and confirmed by The City of Toronto Act, 1947, being chapter 42, and nothing in this subsection relieves the City from any liability in respect of maintenance provided before the 1st day of January, 1954. R.S.O. 1990, c. M.62, s. 192.

Liability of Metropolitan Corporation under General Welfare Assistance Act

193.  For the purposes of the General Welfare Assistance Act, the Metropolitan Corporation shall be deemed to be a county and no area municipality shall be deemed to be a municipality for the purposes of that Act, except section 5 thereof. R.S.O. 1990, c. M.62, s. 193.

Special welfare assistance

194.  The Metropolitan Council may pass by-laws to provide money for the health and welfare of the resident poor not otherwise specifically provided for in this Act. R.S.O. 1990, c. M.62, s. 194.

Information

195.  Every area municipality and every officer or employee thereof shall, at the request of the welfare officer of the Metropolitan Corporation, furnish forthwith to such officer any information he or she may require for public welfare purposes as defined in subsection 179 (1). R.S.O. 1990, c. M.62, s. 195.

Acquisition of land for Association for Retarded Children

196.  The Metropolitan Council may acquire the lands and premises known as 186-194 Beverley Street in the City of Toronto for the use of the Metropolitan Toronto Association for Retarded Children and may lease such lands and premises to the Association for a nominal amount for such term and under such conditions as the Metropolitan Council may determine. R.S.O. 1990, c. M.62, s. 196.

Regent Park South Nursery School operating deficits

197.  The Metropolitan Corporation may assume and pay 50 per cent of the annual operating deficit of Regent Park South Nursery School. R.S.O. 1990, c. M.62, s. 197.

Ambulance services

198.  (1) The Metropolitan Council may,

(a) acquire, maintain and operate ambulances for the conveyance of persons requiring medical attention to a hospital or other place, and fix and charge fees therefor;

(b) enter into an agreement with any person for a period not exceeding five years to maintain and operate ambulances for the purpose of conveying persons requiring medical attention to a hospital or other place at such rates or charges and on such other terms and conditions, including the payment of an annual subsidy to such person, as may be agreed upon;

(c) establish, maintain and operate a central ambulance dispatching system for the Metropolitan Area, and enter into an agreement with any person for a period not exceeding five years for such purposes on such terms and conditions as may be agreed upon;

(d) provide for payment by the Metropolitan Corporation to owners of ambulances of charges for making calls as directed through such central ambulance dispatching system and provide for the recovery of such charges by the Metropolitan Corporation;

(e) provide a public education program to give instruction in and disseminate information in respect of emergency first aid and basic life support techniques and charge a fee for the program provided.

Assumption of ambulances

(2) The Metropolitan Council shall, before the 1st day of January, 1967, pass by-laws, which shall be effective on the 1st day of January, 1967, assuming for the use of the Metropolitan Corporation any ambulance and any personal property used in connection therewith that the Metropolitan Corporation may require for the purposes of subsection (1) that is vested on the 31st day of March, 1966, in any area municipality or local board of health thereof, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation and no compensation or damage shall be payable in respect of such property.

Extension of time

(3) Despite subsection (2), a by-law for assuming any property under subsection (2), with the approval of the Municipal Board, may be passed after the 1st day of January, 1967, and in that case the by-law shall become effective on the date provided therein. R.S.O. 1990, c. M.62, s. 198.

Note: Effective January 1, 1998, Part XII (sections 199 to 209) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XII
METROPOLITAN POLICE

Definition

199.  In this Part,

“Metropolitan Board” means The Municipality of Metropolitan Toronto Police Services Board. R.S.O. 1990, c. M.62, s. 199.

Additional policing services

200.  (1) The Metropolitan Police Force, in addition to performing the policing duties prescribed in the Police Services Act,

(a) may maintain a safety and lifesaving patrol of the waters of Lake Ontario within the limits of the Metropolitan Area;

(b) may provide lifeguard service on the beaches in the Metropolitan Area; and

(c) may provide The Toronto Harbour Commissioners with such security and port policing for the Port of Toronto as the Commissioners may require from time to time.

Fees

(2) The Metropolitan Board may charge such fees for the services provided under clauses (1) (b) and (c) as the Board from time to time determines. R.S.O. 1990, c. M.62, s. 200.

Composition of Metropolitan Board

201.  (1) The Metropolitan Council shall be deemed to have applied to the Lieutenant Governor in Council for an increase in the size of its board under subsection 27 (9) of the Police Services Act and the Lieutenant Governor in Council shall be deemed to have approved the application.

Specific powers

(2) The Metropolitan Board may pass by-laws under paragraph 1 of section 239 of the Municipal Act. R.S.O. 1990, c. M.62, s. 201.

Accommodation and equipment

202.  The Metropolitan Corporation shall provide all real and personal property necessary for the purposes of the Metropolitan Board. R.S.O. 1990, c. M.62, s. 202.

Regulations of dissolved boards continue in force

203.  All regulations under the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, made by the former boards of commissioners of police of the area municipalities that are in force immediately before the 1st day of January, 1957, shall continue in force and effect and apply to the members of the Metropolitan Police Force until repealed by the Metropolitan Board. R.S.O. 1990, c. M.62, s. 203.

Members of area municipality police force transferred to Metropolitan Board

204.  (1) Every person who is a member of a police force in an area municipality, including any chief constable, constable, police officer and assistant, on the 15th day of March, 1956, and is continuously so employed until immediately before the 1st day of January, 1957, becomes a member of the Metropolitan Police Force on the 1st day of January, 1957, and is subject to the government of the Metropolitan Board to the same extent as if appointed by the Metropolitan Board.

Application of pension provisions to civilian employees

(2) Subsections 24 (5) to (9) apply to every person who becomes a member of the Metropolitan Police Force, except a chief constable, constable or other police officer, to the same extent as if such person had been an employee of an area municipality or the board of commissioners of police thereof and thereafter became employed by the Metropolitan Corporation.

Enforcement of by-laws

(3) The Metropolitan Board and the members of the Metropolitan Police Force shall be charged with the same duties with respect to by-laws of the area municipalities as with respect to by-laws of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 204.

Assumption of buildings

205.  (1) The Metropolitan Council shall, before the 1st day of January, 1957, pass by-laws which shall be effective on the 1st day of January, 1957, assuming for the use of the Metropolitan Board any such land or building that the Metropolitan Board may require that is vested on the 15th day of February, 1956, in any area municipality or local board thereof, and at least 40 per cent of which is used on such date for the purposes of the police force of that area municipality, and on the day any such by-law becomes effective the property designated therein vests in the Metropolitan Corporation.

Extension of time

(2) Despite subsection (1), a by-law for assuming any land or building mentioned in subsection (1), with the approval of the Municipal Board, may be passed after the 1st day of January, 1957, and in that case the by-law shall become effective on the date provided therein.

Building not used exclusively for police force

(3) Where any part of a building mentioned in subsection (1) is used by the area municipality or a local board thereof for other than police purposes, the Metropolitan Council may,

(a) where practicable assume only the part of the building and land appurtenant thereto used for the purposes of the police force of the area municipality; or

(b) vest the building and land appurtenant thereto in the Metropolitan Corporation and enter into an agreement with the area municipality or local board thereof for the use of a part of the building by the area municipality or local board on such terms and conditions as may be agreed upon.

Metropolitan Corporation liability

(4) Where the Metropolitan Corporation assumes any property under subsection (1) or (2),

(a) no compensation or damage shall be payable to the area municipality or local board except as provided in this subsection;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of any property vested in the Metropolitan Corporation;

(c) the Metropolitan Corporation shall thereafter pay to the area municipality for the portion of any land or building vested in the Metropolitan Corporation under this section that is not used for police purposes on the 15th day of February, 1956, such amount as may be agreed upon and failing agreement the Municipal Board, upon application, may determine the amount, and its decision is final, provided such amount shall not be greater than the capital expenditure for such portion of such land or building less the amount of any outstanding debentures in respect of such portion.

Default

(5) If the Metropolitan Corporation fails to make any payments as required by clause (4) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Accommodation

(6) Where a building vested in an area municipality or local board is used partly by the police force of the area municipality and is not vested in the Metropolitan Corporation under this section, the area municipality at the request of the Metropolitan Board shall provide, at such rental as may be agreed upon, at least as much accommodation in such building for the use of the Metropolitan Board as was being provided by the area municipality for its police force on the 15th day of February, 1956.

Office supplies, etc.

(7) At the request of the Metropolitan Board, each area municipality, for the use of the Metropolitan Board,

(a) shall transfer to the Metropolitan Corporation without compensation all office supplies and stationery in the possession of the area municipality on the 31st day of December, 1956, that was provided for the exclusive use of the police force of the area municipality;

(b) shall transfer to the Metropolitan Corporation without compensation all personal property with the exception of office supplies and stationery in the possession of the area municipality on the 15th day of February, 1956, or thereafter that was provided for the exclusive use of the police force of the area municipality;

(c) shall make available to the Metropolitan Corporation all personal property the use of which was shared by the police and any department or departments of the area municipality on the 15th day of February, 1956, on the same terms and to the same extent as the police department used the property before the 15th day of February, 1956.

Disposal of personal property

(8) No area municipality without the consent of the Metropolitan Board, shall dispose of any personal property referred to in subsection (7) owned by the area municipality on the 15th day of February, 1956, or thereafter.

Signal system transferred

(9) All signal and communication systems owned by any area municipality and used for the purposes of the police force of the area municipality on the 15th day of February, 1956, or thereafter are vested in the Metropolitan Corporation for the use of the Metropolitan Board on the 1st day of January, 1957, and no compensation shall be payable to the area municipality therefor and the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of any such signal or communication system.

Settling of doubts

(10) In the event of any doubt as to whether,

(a) any outstanding debenture or portion thereof was issued in respect of any property assumed; or

(b) any land or building is used at least 40 per cent for the purposes of a police force,

the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 205.

Pensions

206.  The Metropolitan Council, on the recommendation of the Metropolitan Board, shall provide a pension plan for the chief of police, constables and other police officers who are members of the Metropolitan Police Force. R.S.O. 1990, c. M.62, s. 206.

Indemnifying members of Metropolitan Police Force

207.  The Metropolitan Council may, to such extent as it thinks fit, pay the legal costs incurred by a member of the Metropolitan Police Force in respect of an inquiry held by a commission under the Public Inquiries Act where the subject-matter of the inquiry includes in whole or in part the conduct of the member in the performance or purported performance of his or her duties. R.S.O. 1990, c. M.62, s. 207.

Metropolitan Corporation deemed municipality under certain Acts

208.  The Metropolitan Corporation shall be deemed to be a municipality for the purpose of the Administration of Justice Act and section 204 of the Municipal Act. R.S.O. 1990, c. M.62, s. 208.

Penalties

209.  (1) The fines and penalties imposed for contravening a by-law of an area municipality belong to the area municipality if it carries out the prosecution and to the Metropolitan Corporation if another person carries out the prosecution.

Idem

(2) Despite subsection (1), the fines and penalties for all parking and traffic violations belong to the Metropolitan Corporation. 1992, c. 15, s. 40.

Note: Effective January 1, 1998, Part XIII (sections 210 to 218) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XIII
LICENSING COMMISSION

Definition

210.  In this Part,

“Licensing Commission” means the licensing commission established for The Municipality of Metropolitan Toronto under this Part. R.S.O. 1990, c. M.62, s. 210.

Licensing Commission

211.  (1) The licensing commission for The Municipality of Metropolitan Toronto known as Metropolitan Licensing Commission is continued under the name Metropolitan Licensing Commission in English and Commission de délivrance de permis de la communauté urbaine in French, and is composed of,

(a) the chair of the Metropolitan Council or his or her delegate; and

(b) not less than two persons appointed by the Metropolitan Council. R.S.O. 1990, c. M.62, s. 211 (1); 1991, c. 15, s. 17.

Chair may appoint delegate

(2) The chair of the Metropolitan Council may designate any member of the Metropolitan Council to be his or her delegate at any or all of the meetings of the Licensing Commission. R.S.O. 1990, c. M.62, s. 211 (2).

Chair

(3) The Licensing Commission shall elect a chair and may elect a vice-chair.

Quorum

(4) The Metropolitan Council may by by-law establish quorum requirements for the Licensing Commission. 1992, c. 15, s. 41.

211.1  REPEALED: 1992, c. 15, s. 42.

Powers

212.  (1) The Licensing Commission has all the powers that may be exercised by a local municipality under paragraph 1 of section 232 of the Municipal Act and paragraph 14 of section 236 of that Act. 1996, c. 1, Sched. M, s. 26.

Ambulance service

(2) A by-law passed by the Licensing Commission under clause (1) (a) of this section and paragraph 1 of section 232 of the Municipal Act with respect to licensing, regulating and governing owners and drivers of ambulances may include provisions,

(a) for licensing, regulating and governing ambulance attendants and providing for examinations to be passed by ambulance drivers and attendants;

(b) for requiring owners of ambulances to install and maintain such means of communication with any central ambulance dispatching system maintained by or for the Metropolitan Corporation as the by-law may prescribe;

(c) for requiring owners and drivers of ambulances to accept and make calls as directed through such central ambulance dispatching system.

Further powers

(3) The Metropolitan Council, by reference to any Act, may by by-law authorize the Licensing Commission to exercise the powers of any area municipality or police services board with respect to the licensing, revoking of a licence, regulating, governing, prohibiting or limiting of any trade, calling, business or occupation or the person carrying on or engaged in it and upon being so authorized the Licensing Commission may exercise such powers. R.S.O. 1990, c. M.62, s. 212 (2, 3).

Licensing by-laws

212.1  The Licensing Commission may pass by-laws,

(a) for licensing, regulating and governing taxicab brokers;

(b) for licensing, regulating and governing auctioneers and other persons selling or putting up for sale goods, wares, merchandise or effects by public auction;

(c) for licensing, regulating and governing bill posters, advertising sign painters, bulletin board painters, sign posters and bill distributors, and for prohibiting the posting up or distributing of posters, pictures or hand bills that are indecent or tend to corrupt morals;

(d) for licensing, regulating and governing persons who carry on the business of teaching persons to operate motor vehicles and driving instructors employed in such business;

(e) for licensing, regulating and governing electrical contractors and master electricians and for this purpose may define “electrical contractors” and “master electricians”; and

(f) for licensing, regulating and governing plumbing contractors, master plumbers and journeyman plumbers and for this purpose may define “plumbing contractors”, “master plumbers” and “journeyman plumbers”. 1996, c. 1, Sched. M, s. 27.

Licensing Commission may summon witnesses

213.  The Licensing Commission has the same power to summon and examine witnesses on oath as to any matter connected with the execution of its powers and duties or as to any matter respecting any licence issued before the 1st day of January, 1957, by any body that formerly exercised the powers now vested in the Licensing Commission, to enforce their attendance and to compel them to give evidence and produce documents and things, as is vested in any court of law in civil cases. R.S.O. 1990, c. M.62, s. 213.

By-laws

214.  Where a by-law of the Licensing Commission passed under a provision of the Municipal Act or any other Act is applicable to an area municipality, any by-law of the area municipality passed under the same provision of the Municipal Act or any other Act has no effect and the area municipality does not have power to pass such a by-law while the by-law passed by the Licensing Commission is in effect in such area municipality. R.S.O. 1990, c. M.62, s. 214.

Investigation and report re by-law contravention

214.1  Where a by-law of the Licensing Commission passed under a provision of the Municipal Act or any other Act is applicable to an area municipality, the council of the area municipality may by resolution require the Licensing Commission to investigate an alleged contravention of the by-law and to report to the council. 1994, c. 37, s. 6.

Powers of police services boards to be exercised by City of Toronto

215.  All the powers and duties of a police services board under the Municipal Act or any other Act and all the powers and duties of the Board of Commissioners of Police for the City of Toronto under any special Act, except those which by this Act are exercised by the Licensing Commission or the Metropolitan Toronto Police Services Board, shall be exercised by the council of the City of Toronto. R.S.O. 1990, c. M.62, s. 215.

Application

216.  For the purpose of exercising powers to pass by-laws licensing businesses under any Act, section 110 and Parts XVII.1 and XIX of the Municipal Act apply with necessary modifications to the Licensing Commission and the by-laws passed by the Licensing Commission, and the Minister may make regulations under section 257.5 of that Act in relation to those powers. 1996, c. 1, Sched. M, s. 28.

Licensing by-laws may be passed by Council

217.  (1) Despite sections 212 and 213, the Metropolitan Council may pass any by-law that the Licensing Commission may pass, including any by-law that the Metropolitan Council may authorize the Licensing Commission to pass under subsection 212 (3), and may repeal in whole or in part any existing by-law of the Licensing Commission.

Effect on power of Commission to pass by-laws

(2) Where the Metropolitan Council has passed a by-law under a provision in any Act, the Licensing Commission shall not have the power to pass a by-law under such provision.

Application of s. 214

(3) Section 214 applies to by-laws passed by the Metropolitan Council under this section.

Exercise of power by Council

(4) For the purposes of section 215, a power exercised by the Metropolitan Council under this section shall be deemed to be a power exercised by the Licensing Commission.

Application of s. 216 to Council

(5) Where the Metropolitan Council passes a by-law under subsection (1), the provisions of section 216 in so far as they apply to the passing and enforcement of by-laws and the fixing of fees shall apply to the Metropolitan Council and to such by-law.

Effect on Licensing Commission

(6) Except with respect to its power to pass by-laws and fix fees, nothing in this section affects the powers of the Licensing Commission. R.S.O. 1990, c. M.62, s. 217.

Remuneration of members

218.  The Metropolitan Corporation shall pay to the members of the Licensing Commission, except the chair of the Metropolitan Council or his or her delegate, such remuneration for their services as may be determined by the Metropolitan Council. R.S.O. 1990, c. M.62, s. 218.

Note: Effective January 1, 1998, Part XIV (sections 219 to 222) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XIV
HOUSING AND REDEVELOPMENT

Housing and redevelopment

219.  (1) The Metropolitan Corporation and the Metropolitan Council have all the powers conferred on the corporation or council of a municipality under the Housing Development Act or any other Act with respect to housing or building development, housing projects, temporary housing accommodation and redevelopment areas and with respect to any other matter concerned with the provision or improvement of housing accommodation.

Powers of area municipalities

(2) Nothing in subsection (1) shall be deemed to limit or interfere with the powers of the area municipalities with respect to the matters mentioned in subsection (1). R.S.O. 1990, c. M.62, s. 219.

Agreements with municipalities

220.  Without limiting its powers under subsection 217 (1), the Metropolitan Corporation,

(a) shall be deemed to be a governmental authority within the meaning of section 18 of the Housing Development Act; and

(b) may enter into agreements with any area municipality for sharing or contributing to the costs incurred by the area municipality in exercising any of its powers with respect to the matters mentioned in subsection 219 (1). R.S.O. 1990, c. M.62, s. 220.

Grants for homes for elderly persons

221.  The Metropolitan Council may make grants in aid of the establishment, construction, extension or equipment of homes for the care of elderly persons. R.S.O. 1990, c. M.62, s. 221.

Adoption of policy statement related to housing

222.  (1) The Metropolitan Council and the council of any area municipality may, by by-law approved by the Minister, adopt a policy statement related to housing, containing specific objectives, production targets and financial arrangements.

By-laws, etc., to conform with housing policy statement

(2) Where a policy statement referred to in subsection (1) has been adopted by the Metropolitan Council and approved by the Minister, every housing policy statement that has been adopted by the council of an area municipality shall be amended forthwith to conform therewith and no housing policy statement of an area municipality shall thereafter be approved that does not conform with the housing policy statement of the Metropolitan Council and no by-law shall be passed by the Metropolitan Council or by the council of an area municipality that does not conform with the housing policy statement of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 222.

Note: Effective January 1, 1998, Part XV (sections 223 and 224) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XV
PLANNING

Delegation to Executive Committee

223.  (1) Despite section 5 of the Planning Act, where the Minister has by order made under subsection 4 (1) of the Planning Act delegated to the Metropolitan Council the Minister’s authority to approve an official plan or amendments thereto of an area municipality, the Metropolitan Council may by by-law and subject to such conditions as may have been imposed by the Minister, delegate such authority to the Executive Committee for the period of any summer recess of the Metropolitan Council and upon such terms and conditions as the by-law specifies and the Executive Committee has, in lieu of the Minister, all powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board.

Report to Metropolitan Council

(2) The Executive Committee shall report each decision made under any by-law passed under subsection (1) to the Metropolitan Council at the next regular meeting of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 223.

Official plan for Metropolitan Area

224.  The Metropolitan Council shall continue to maintain in force with such amendments or revisions as it deems appropriate an official plan for the Metropolitan Area. R.S.O. 1990, c. M.62, s. 224.

Note: Effective January 1, 1998, Part XVI (sections 225 to 240) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XVI
PARKS, RECREATION AREAS, ETC.

Acquiring land for parks, etc.

225.  (1) The Metropolitan Council may pass by-laws for acquiring land for and establishing, laying out and improving and maintaining public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives in the Metropolitan Area or in any adjoining area municipality in The Regional Municipality of Durham or The Regional Municipality of Peel or in any area municipality in The Regional Municipality of York, and for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act.

Sale of liquor in parks

(2) In addition to the powers that may be exercised under subsection (1), the Metropolitan Council has power, subject to the Community Recreation Centres Act, to let, for such period as it considers advisable, the right to sell refreshments and, subject to the Liquor Licence Act and the regulations made thereunder, spirituous, fermented or intoxicating liquors within the metropolitan parks under such conditions as the Metropolitan Council may prescribe.

Application of Municipal Act

(3) Paragraph 52 of section 207 of the Municipal Act applies with necessary modifications to the Metropolitan Corporation.

Metropolitan Corporation a municipality under Parks Assistance Act

(4) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act.

Park lands owned by Metropolitan Conservation Authority

(5) Where, under an agreement with The Metropolitan Toronto and Region Conservation Authority, lands vested in the Authority are managed and controlled by the Metropolitan Corporation, the Metropolitan Corporation may,

(a) exercise all or any of the powers conferred on it under subsections (1) and (2) in respect of such lands;

(b) lay out, construct and maintain roads on such lands and, with the consent of the area municipality in which such lands, or any part thereof, are situate, assume the maintenance of existing roads on such lands, or any part thereof;

(c) subject to the Highway Traffic Act, regulate traffic on such roads and prescribe the rate of speed for motor vehicles driven on such roads in accordance with subsection 128 (4) of the Highway Traffic Act;

(d) despite the provisions of any other Act, exempt from municipal taxation any such lands for so long as they are managed and controlled by the Metropolitan Corporation and used for park purposes.

Tax exemption

(6) An exemption from taxes under subsection (5) shall be deemed to have the same effect as an exemption from taxes under section 3 of the Assessment Act. R.S.O. 1990, c. M.62, s. 225.

Definitions

226.  (1) In this section,

“Board” means the Board of Management of The Guild;

“The Guild” means the lands and buildings, as described in Article I of the Indenture of Lease dated the 16th day of June, 1978, between The Metropolitan Toronto and Region Conservation Authority of the First Part (the Landlord), Ravenna Guild Inn Limited (for which was subsequently substituted Guildwood Hall) of the Second Part (the Tenant), the Municipality of Metropolitan Toronto of the Third Part and H. Spencer Clark of the Fourth Part (Guarantor), situate in the Borough of Scarborough known as The Guild, used for hotel, restaurant, recreational and cultural facilities.

Acquisition of Guild by Metropolitan Corporation

(2) The Metropolitan Corporation may acquire The Guild from The Metropolitan Toronto and Region Conservation Authority by purchase, lease or otherwise and may operate, manage and maintain The Guild as a hotel, restaurant, recreational, cultural, conference and seminar facility.

Board continued

(3) The corporation without share capital under the name Board of Management of The Guild is continued under the name Board of Management of The Guild in English and Conseil de gestion de The Guild in French, and the Board shall have a corporate seal, may sue and be sued in its own name, may enter into contracts including contracts of employment, and shall have all powers necessary for or incidental to the operation, management and maintenance of The Guild.

Corporations Act not to apply

(4) The Corporations Act does not apply to the Board.

Composition of Board

(5) The Board shall consist of fifteen members composed of a chair and fourteen members appointed by the Metropolitan Council, of whom seven shall be nominees of the Lieutenant Governor in Council.

Term of office

(6) The members shall hold office for a term not exceeding that of the Council that appointed them, and until their successors are appointed, and all such members are eligible for reappointment.

First chair

(7) The Lieutenant Governor in Council shall appoint as first chair of the Board a person who is the nominee of the Board, to hold office during the term specified in the appointment, and the Board may elect from among its members a vice-chair.

Chair

(8) After the term of the first chair has expired, the Board shall elect as chair one of the members of the Board or some other person to hold office until his or her successor is elected.

Quorum

(9) A majority of the members of the Board constitutes a quorum.

Agreement to operate, manage and maintain Guild

(10) The Metropolitan Corporation shall enter into agreements with the Board entrusting the operation, management and maintenance of The Guild to the Board on such terms and conditions as the Metropolitan Council may consider proper.

By-laws

(11) The Board may enact by-laws for the regulation of its proceedings and for the conduct and management of its affairs.

Local board

(12) The Board is a local board of the Metropolitan Corporation.

Surplus or deficit

(13) The Metropolitan Corporation is entitled to any surplus resulting from the operations of the Board and is responsible for any deficit incurred by it.

Budget

(14) The Board shall submit to the Metropolitan Council its budget for the current year at the time and in the form prescribed by the Metropolitan Council and the budget shall be subject to approval, with or without modification, by the Metropolitan Council.

Spending in accordance with budget

(15) After the approval of the Board’s annual budget by the Metropolitan Council, any and all spending by the Board shall be in accordance with the approved budget in such level of detail as the Metropolitan Council determines.

Borrowing powers

(16) The Board may borrow money with the prior approval of the Metropolitan Council for the purposes of acquiring working capital, but nothing in this subsection authorizes the Board to issue debentures.

O.M.E.R.S.

(17) The Board shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on the 1st day of January, 1984.

Pension benefits

(18) If any person who was employed by Guildwood Hall on the 15th day of June, 1983 and who continued to be so employed on the 31st day of December, 1983 accepted employment with the Board commencing on the 1st day of January, 1984,

(a) he or she shall become a member of the Ontario Municipal Employees Retirement System on his or her transfer date; and

(b) his or her employment with Guildwood Hall shall be deemed to have been employment with the Board for the purposes of the Ontario Municipal Employees Retirement System Act.

Idem

(19) The Board shall be deemed to have assumed responsibility as of the 31st day of December, 1983 for the accrued pension benefits of any pension plan in existence on that date respecting any employee referred to in subsection (18), and the rights of Guildwood Hall in any such plans are hereby vested in the Board, but nothing in this section shall be deemed to require the Board to provide benefits other than those already earned and funded.

Indemnification

(20) The Board will indemnify Guildwood Hall against any and all claims by any employee referred to in subsection (18) that are in any way connected with the termination of his or her employment by the Board. R.S.O. 1990, c. M.62, s. 226.

Payments in lieu of taxes

227.  (1) Where the Metropolitan Corporation has acquired land under section 225, the Metropolitan Council may agree to pay annually to the area municipality in which the land is situate a sum not exceeding the amount that would have been payable to the municipality as taxes in the year of acquisition if the land were not exempt from taxation.

Proviso

(2) Subsection (1) does not apply where the land acquired by the Metropolitan Corporation was acquired from the municipality in which the land was situate or from a local board thereof and at the time of acquisition was used as a public park, recreation area, square, avenue, boulevard or drive. R.S.O. 1990, c. M.62, s. 227.

Assumption of existing parks, etc.

228.  (1) For the purposes of section 225, the Metropolitan Council may with the approval of the Municipal Board by by-law assume any existing public park, zoological gardens, recreation area, square, avenue, boulevard or drive vested in any area municipality or in any local board thereof, and upon the passing of the by-law the public park, zoological gardens, recreation area, square, avenue, boulevard or drive vests in the Metropolitan Corporation.

Existing debenture liability

(2) Where the Metropolitan Corporation assumes any existing public park, zoological gardens, recreation area, square, avenue, boulevard or drive vested in any area municipality or local board thereof,

(a) no compensation or damages shall be payable to the area municipality or local board;

(b) the Metropolitan Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality in respect of the property assumed.

Default

(3) If the Metropolitan Corporation fails to make any payments as required by clause (2) (b), the area municipality may charge the Metropolitan Corporation interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality determines, from the date payment is due until it is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of the property assumed, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 228.

Assumption of C.N.E.

229.  (1) The Metropolitan Council may by by-law assume any of the lands in the City of Toronto designated or known as Exhibition Park or created by fill to the south thereof, saving and excepting any lands or any interest therein of Her Majesty in right of Ontario, and the enactment of such by-law shall vest in the Metropolitan Corporation a full, clear and absolute title to the lands as described in such by-law free and clear of all conditions as to use contained in An Act respecting the City of Toronto, being chapter 86 of the Statutes of Ontario, 1903.

Existing debenture liability

(2) No compensation or damages shall be payable by the Metropolitan Corporation to the City of Toronto for such assumed lands, but the Metropolitan Corporation shall thereafter pay before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued in respect of the property assumed, and subsections 228 (3) and (4) apply with necessary modifications.

Use of lands

(3) Such assumed lands shall be used,

(a) for parks and exhibition purposes;

(b) for the purposes of trade centres and trade and agricultural fairs such as, but not limited to, the annual Canadian National Exhibition and Royal Agricultural Winter Fair;

(c) for the holding of displays, agricultural activities, sporting events, athletic contests, public entertainments and meetings;

(d) for highway, electrical transmission or public utility purposes; or

(e) for any other purpose that the City of Toronto may approve.

Annual exhibition

(4) An exhibition shall be held annually on such assumed lands.

Powers under Public Parks Act

(5) With respect to the lands so assumed, the Metropolitan Council may exercise all or any of the powers that are conferred on boards of park management by the Public Parks Act and shall have all other powers required for the full and effective use of such assumed lands in accordance with subsection (3).

Reconveyance

(6) If any of the lands vested by this section in the Metropolitan Corporation cease to be used for the purposes of subsection (3), the Metropolitan Corporation shall thereupon transfer such lands to the City of Toronto, and no compensation or damages shall be payable to the Metropolitan Corporation in respect thereof.

Agreements

(7) Subject to subsection (8), upon the passing of the by-law referred to in subsection (1), the Metropolitan Corporation shall be responsible for all liabilities of the City of Toronto and is entitled to all benefits under agreements made by or on behalf of the City of Toronto with respect to the use of such assumed lands, and the City of Toronto shall be relieved of any liability thereunder.

Idem

(8) Subsection (7) does not apply to agreements between the City of Toronto and the Metropolitan Corporation or to agreements for payments in lieu of taxes.

Watermains, etc., in assumed lands

(9) The City of Toronto may continue to use, maintain, repair, reconstruct and replace watermains, sewers and sewage works in such assumed lands until and unless the areas in which such watermains, sewers and sewage works are located are required by the Metropolitan Corporation, in which case the Metropolitan Corporation shall pay to the City of Toronto such amount as may be agreed upon or, failing agreement, such amount as may be determined by arbitration, and the Expropriations Act applies to any such arbitration.

Personal property

(10) The Metropolitan Corporation shall pay to the City of Toronto such amount for personal property on such assumed lands or in the buildings thereon as may be mutually agreed upon between the Metropolitan Corporation and the City of Toronto.

Agreements

(11) The Metropolitan Corporation may enter into agreements with The Board of Governors of Exhibition Place, the Canadian National Exhibition Association, the Royal Agricultural Winter Fair or other persons respecting the use, operation and maintenance of such assumed lands and any buildings or structures on such assumed lands, and any other matter or thing that the Metropolitan Council considers desirable for the full and effective use of such assumed lands, buildings or structures for the purposes set out in subsection (3).

Idem

(12) The Metropolitan Corporation may enter into agreements with The Board of Governors of Exhibition Place or the Canadian National Exhibition Association appointing the Board or the Association as its agent to carry out any of the powers of the Metropolitan Corporation under this section, and, upon the execution of any such agreement, the Board or the Association, as the case may be, is authorized to exercise such powers, subject to such restrictions as may be set out in the agreement. R.S.O. 1990, c. M.62, s. 229.

Definitions

230.  (1) In this section and in sections 231 and 232,

“Association” means the Canadian National Exhibition Association; (“Association”)

“Board” means the Board of Governors continued under subsection (2); (“Conseil”)

“Exhibition Place” means those lands vested in the Metropolitan Corporation under subsection 229 (1), including any buildings or structures erected thereon. (“Parc des expositions”)

Board continued

(2) The corporation without share capital known as The Board of Governors of Exhibition Place is continued under the name The Board of Governors of Exhibition Place in English and Conseil d’administration du Parc des expositions in French, having as its purpose and objects the operation, management and maintenance of Exhibition Place.

Corporations Act not to apply

(3) The Corporations Act does not apply to the Board. R.S.O. 1990, c. M.62, s. 230 (1-3).

Composition of Board

(4) The Board shall consist of fourteen members composed of,

(a) eleven members appointed by the Metropolitan Council composed of,

(i) three members of the Metropolitan Council,

(ii) three members nominated by the Association, and

(iii) five members who may or may not be members of the Metropolitan Council;

(b) the chair of the Metropolitan Council;

(c) the mayor of the City of Toronto; and

(d) the president of the Association. R.S.O. 1990, c. M.62, s. 230 (4); 1991, c. 15, s. 19.

Term of office

(5) The members of the Board appointed by the Metropolitan Council under clause (4) (a) shall hold office for a term not exceeding the term of the Council that appointed them and until their successors are appointed, and all such members are eligible for reappointment.

Chair, vice-chair, quorum

(6) The Board shall elect a chair from among its members and may elect a vice-chair, and a majority of the members of the Board constitutes a quorum for the transaction of business at meetings of the Board.

Powers of Board

(7) The Board shall have,

(a) a head office in the Metropolitan Area;

(b) a corporate seal upon which its corporate name in either or both languages shall appear;

(c) capacity to sue and be sued in its own name;

(d) capacity to enter into contracts, including contracts of employment, in its own name; and

(e) all powers incidental or conducive to the attainment of the purpose and objects of the Board set out in subsection (2).

By-laws

(8) The Board may enact by-laws regulating its proceedings and providing for the conduct and management of its affairs.

General policies

(9) The Metropolitan Council may by by-law establish general policies to be followed in the operation, management and maintenance of Exhibition Place.

Local board

(10) The Board is a local board of the Metropolitan Corporation.

Deemed organization

(11) The Board for purposes of receiving grants shall be deemed to be an organization under the Agricultural and Horticultural Organizations Act and the provisions of that Act respecting grants apply to the Board.

Surplus or deficit

(12) The Metropolitan Corporation shall be entitled to receive any surplus resulting from the operations of the Board and shall be responsible for any deficit incurred by the Board.

Borrowing powers

(13) The Board may, with the prior approval of the Metropolitan Council, borrow money for the purpose of acquiring working capital, but nothing in this subsection authorizes the Board to issue debentures.

Budget

(14) The Board shall submit to the Metropolitan Council its budget for the current year at the time and in the form prescribed by the Metropolitan Council, and the budget shall be subject to approval, with or without modification, by the Metropolitan Council.

Spending in accordance with budget

(15) After the approval of the Board’s annual budget by the Metropolitan Council any and all spending by the Board shall be in accordance with the approved budget in such level of detail as the Metropolitan Council determines.

Agreements

(16) The Board may enter into agreements with the Association for the use of any of the Board’s employees or equipment by the Association for purposes of carrying out an agreement entered into by the Association with the Metropolitan Corporation under subsection 229 (11) or (12).

Where no indirect pecuniary interest

(17) A member of the Board does not have an indirect pecuniary interest, for the purposes of the Municipal Conflict of Interest Act, in respect of a contract, proposed contract or other matter between the Board and the Association by reason only of the member being also a member or officer of the Association. R.S.O. 1990, c. M.62, s. 230 (5-17).

Corporation and Board dissolved

231.  (1) Upon the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place, the Exhibition Stadium Corporation and The Board of Management of the Exhibition Stadium Corporation are dissolved and all the assets and liabilities of that Corporation are vested in the Board and the Board shall stand in the place and stead of the Exhibition Stadium Corporation for all purposes of any agreements to which the Exhibition Stadium Corporation was a party.

Agreements

(2) Upon the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place,

(a) all previous agreements entered into by the Metropolitan Corporation with the Association under subsections 229(11) and (12), or the predecessors thereof, are hereby declared to be null and void and the rights and obligations arising from those agreements are hereby extinguished;

(b) the following assets that constitute the reserves of the Association are vested in the Metropolitan Corporation:

1. Reserve for Workers’ Compensation.

2. Prize Guarantee Fund.

3. Reserve for rehabilitation of buildings.

4. Reserve for inventory of materials and supplies;

(c) all of the assets of the Association, other than those referred to in clause (b), are vested in the Board, with the exception of memorabilia, archives, souvenirs, medals, art works and other similar items;

(d) all agreements entered into by the Exhibition Stadium Corporation with the Association and assumed by the Board under subsection (1), are hereby declared to be null and void and the rights and obligations arising from those agreements are hereby extinguished;

(e) the Board shall stand in the place and stead of the Association for all purposes of any agreement, except agreements to which clause (a) or (d) apply, heretofore entered into by the Association in the exercise of its management, control or operation of Exhibition Place; and

(f) the Metropolitan Corporation shall be responsible for any liability incurred by the Board in respect of any agreement to which clause (e) applies. R.S.O. 1990, c. M.62, s. 231.

Offer of employment

232.  (1) The Board shall offer to employ,

(a) every person who, on the 4th day of October, 1982, is employed by the Association as a permanent employee in connection with the operation, management and maintenance of Exhibition Place and who continues to be so employed until the date of the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place; and

(b) every person who, on the 15th day of March, 1982, is employed by the Exhibition Stadium Corporation and who continues to be so employed until the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place.

Wages and salary

(2) Any person who accepts employment under subsection (1) shall be entitled to receive a wage or salary for the one-year period next following the commencement of employment with the Board of not less than the person was receiving on the 4th day of October, 1982.

Pension benefits

(3) Where any person accepts employment under subsection (1),

(a) he or she shall continue as, or become a member of, the Ontario Municipal Employees Retirement System, as the case requires, on his or her transfer date; and

(b) with respect to pension benefits accrued prior to the coming into force of an agreement between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place, his or her employment with the Association or with the Exhibition Stadium Corporation, as the case may be, shall be deemed to be employment with the Board.

Participation in O.M.E.R.S.

(4) The Board shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on the 4th day of October, 1982.

Sick leave

(5) Any sick leave credits standing on the day an agreement is entered into between the Metropolitan Corporation and the Board under subsections 229 (11) and (12) for the operation, management and maintenance of Exhibition Place to the credit of any person who accepts employment under subsection (1) shall be placed to the credit of such employee in any sick leave credit plan established by the Board.

Termination of employment

(6) Nothing in this section prevents the Board from terminating the employment of an employee for cause. R.S.O. 1990, c. M.62, s. 232.

Stadiums

233.  The Metropolitan Corporation may acquire, erect, alter, maintain, operate and manage stadiums, and may charge fees in connection therewith. R.S.O. 1990, c. M.62, s. 233.

Acquisition of O’Keefe Centre

234.  (1) The Metropolitan Corporation may acquire the theatre in the City of Toronto known as the O’Keefe Centre and the land used in conjunction therewith, and for such purpose may enter into an agreement providing for payment of purchase money over a period of years without the approval of the Municipal Board and for the occupation by the Metropolitan Corporation of such land and building during such period.

Board continued

(2) The corporation known as The Board of Management of the O’Keefe Centre, in this section referred to as the Board of Management, is continued under the name The Board of Management of the O’Keefe Centre in English and Conseil de gestion d’O’Keefe Centre in French, and such Board shall have a corporate seal, may sue and be sued in its own name, may enter into contracts, including contracts of employment, and shall have all powers necessary for the operation, management and maintenance of such Centre as a theatre and auditorium and as a centre for the holding of meetings, receptions and displays of every kind.

Policies

(3) The Metropolitan Council may by by-law establish general policies to be followed by the Board of Management in the operation and management of the Centre.

Composition

(4) The Board of Management shall be composed of not less than three and not more than seven persons, who shall be appointed by the Metropolitan Council by resolution for such terms of office as the Council may determine.

Chair, quorum

(5) The Board of Management, from among its members, shall elect a chair and may elect a vice-chair, and a majority of its members constitutes a quorum.

Deemed not local board

(6) Except for the purposes of the Ontario Municipal Employees Retirement System Act, the Board of Management shall be deemed not to be a local board of the Metropolitan Corporation.

Audit

(7) The accounts and transactions of the Board of Management shall be audited by the auditor for the Metropolitan Corporation.

Pensions

(8) The Board of Management may provide pensions for its employees or any class thereof and their spouses and children, and may enter into agreements with any person for such purpose.

Responsibility of Metropolitan Corporation

(9) The Metropolitan Corporation is entitled to any surplus resulting from the operations of the Board of Management and is responsible for any deficit incurred by it, but the Board of Management shall not borrow money without the approval of the Metropolitan Council.

Taxation

(10) The occupation, management and control by the Board of Management of the land acquired by the Metropolitan Corporation under this section shall be deemed, for the purposes of paragraph 9 of section 3 of the Assessment Act, to be occupation, management and control by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 234.

Definitions

235.  (1) In this section and in section 236,

“Board of Management” means the Board of Management of the Metropolitan Toronto Zoo; (“Conseil de gestion”)

“Metropolitan Toronto Zoo” means the zoological garden and related facilities which have been established by the Metropolitan Council or which may hereafter be established by the Council; (“Zoo de la communauté urbaine de Toronto”)

“Society” means the Metropolitan Toronto Zoological Society. (“Société”)

Board continued

(2) The corporation without share capital known as the Board of Management of the Metropolitan Toronto Zoo is continued under the name Board of Management of the Metropolitan Toronto Zoo in English and Conseil de gestion du zoo de la communauté urbaine de Toronto in French, and the Board shall have a corporate seal, may sue and be sued in its own name, may enter into contracts including contracts of employment, and shall have all powers necessary for or incidental to the operation, management and maintenance of the Metropolitan Toronto Zoo.

Corporations Act not to apply

(3) The Corporations Act does not apply to the Board of Management.

Composition of Board

(4) The Board of Management shall be composed of nine members appointed by the Metropolitan Council, of whom four shall be nominees of the Society.

Term of office

(5) The members of the Board of Management shall be appointed for a term of office not exceeding the term of office of members of the Metropolitan Council and shall hold office until their successors are appointed.

Chair, vice-chair, quorum

(6) The Board of Management, from among its members, shall elect a chair and may elect a vice-chair, and a majority of its members constitutes a quorum.

Committees

(7) The Board of Management may from time to time establish such standing or other committees, appoint as members thereof such persons, including members of the Society, and assign such duties to the committees so established as the Board deems fit.

Animal Acquisition Committee

(8) Despite subsection (7), the Board of Management shall establish an Animal Acquisition Committee and the Society may appoint one member, or with the approval of the Board of Management more than one member, of such Committee.

By-laws

(9) The Board of Management may enact by-laws for the regulation of its proceedings and for the conduct and management of its affairs.

Agreement to operate, manage and maintain Zoo

(10) The Metropolitan Corporation may enter into one or more agreements with the Board of Management entrusting the operation, management and maintenance of the Metropolitan Toronto Zoo to the Board of Management on such terms and conditions as the Metropolitan Council may consider proper.

By-laws re general policies

(11) The Metropolitan Council may by by-law establish general policies to be followed by the Board of Management in the operation, management and maintenance of the Metropolitan Toronto Zoo under an agreement entered into under subsection (10).

Surplus or deficit

(12) The Metropolitan Corporation is entitled to any surplus resulting from the operations of the Board of Management and is responsible for any deficit incurred by it.

Occupation by Board deemed occupation by Metropolitan Corporation

(13) The occupation, management and control of lands by the Board of Management under an agreement under subsection (10) shall be deemed for the purposes of subsections 225 (5) and (6) of this Act and of paragraph 9 of section 3 of the Assessment Act, to be occupation, management and control by the Metropolitan Corporation of lands used for park purposes.

Municipal Conflict of Interest Act does not apply

(14) The Municipal Conflict of Interest Act does not apply to a member of the Board of Management in respect of a contract, proposed contract or other matter between the Board of Management and the Society by reason only of such member being a member or officer of the Society. R.S.O. 1990, c. M.62, s. 235.

Offer of employment

236.  (1) The Board of Management shall offer to employ every person who, on the 1st day of July, 1977, is employed by the Society in connection with the operation, management and maintenance of the Metropolitan Toronto Zoo and who continues to be so employed until the date of coming into force of an agreement under subsection 235 (10).

Pension benefits

(2) Employment with the Society by a person who accepts employment with the Board of Management under subsection (1) shall be deemed to have been employment with the Board of Management for the purposes of pension benefits.

Sick leave credits

(3) Any sick leave credits standing, on the 31st day of December, 1977, to the credit of any person who accepts employment under subsection (1) shall be placed to the credit of such employee in any sick leave credit plan established by the Board of Management.

Dismissal for cause

(4) Nothing in this section prevents the Board of Management from terminating the employment of an employee for cause. R.S.O. 1990, c. M.62, s. 236.

Lands on Toronto Islands transferred

237.  (1) For the purpose of section 225, all land comprising Toronto Islands owned by the City of Toronto and all rights of the City of Toronto to use and occupy land comprising Toronto Islands owned by The Toronto Harbour Commissioners, except such portions of all such lands as are set aside and used or required for the purposes of the Toronto Island Airport, and except such portions of all such lands as are described in the Schedule to the Toronto Islands Residential Community Stewardship Act, 1993, are vested in the Metropolitan Corporation as of the 1st day of January, 1956, subject to then existing leases, and subject to subsection (2), no compensation or damages shall be payable to the City of Toronto in respect thereof. 1993, c. 15, s. 34 (2).

Metropolitan Corporation liability

(2) The Metropolitan Corporation shall pay to the City of Toronto,

(a) before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by the City of Toronto for the purposes of the land and rights vested by this section in the Metropolitan Corporation;

(b) the amount approved by the Municipal Board and expended by the City of Toronto, but not debentured, for shore protection of Algonquin Island;

(c) the amount approved by the Municipal Board and expended by the City of Toronto, but not debentured, for acquisition of leasehold interests and clearing of sites;

(d) such amount for personal property, exclusive of leaseholds, transferred to the Metropolitan Corporation as may be mutually agreed upon between the Metropolitan Corporation and the City of Toronto;

(e) the amount of the expenses incurred by the City of Toronto after the 1st day of January, 1956, with respect to the operation and maintenance of the land and rights vested by this section in the Metropolitan Corporation.

Use by City of Toronto

(3) Where any portion of the land and rights vested by this section in the Metropolitan Corporation is being used by the City of Toronto for the purpose of providing municipal services other than park and recreation services, the City of Toronto may continue to use such portion rent free so long as it is required to provide such municipal services.

Metropolitan Corporation liable for lighting, etc.

(4) The Metropolitan Corporation shall pay to the City of Toronto annually such amount for the lighting, refuse collection and disposal services provided by the City of Toronto in respect of the land and rights vested by this section in the Metropolitan Corporation as may be mutually agreed upon between the Metropolitan Corporation and the City of Toronto. R.S.O. 1990, c. M.62, s. 237 (2-4).

Lands not used for park purposes

(5) If any of the lands vested by this section in the Metropolitan Corporation and any land comprising Toronto Islands, that is hereafter conveyed by the Toronto Harbour Commissioners to the Metropolitan Corporation, ceases to be used for any of the purposes of section 225, the Metropolitan Corporation shall thereupon transfer the land to the City of Toronto and no compensation or damages shall be payable to the Metropolitan Corporation in respect thereof. 1993, c. 15, s. 34 (3).

Settling of doubts

(6) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued for the purposes of the land and rights vested by this section in the Metropolitan Corporation or of failure to agree as to the amount to be paid for the personal property transferred to the Metropolitan Corporation or as to the amount to be paid for lighting, refuse collection and disposal services provided by the City of Toronto, the Municipal Board, upon application, may determine the matter, and its decision is final.

Ferry service

(7) Despite any other provision in this Act, the Metropolitan Corporation may establish, maintain and operate a ferry service for providing access to the lands vested in the Metropolitan Corporation under this section for so long as such lands or any part thereof remain so vested and are used for park purposes, and, for such purposes, the Metropolitan Corporation may assume the rights, equipment and other assets of the Toronto Transit Commission used in providing such service subject only to the payment of any outstanding liability in respect thereto and such adjustment as the Metropolitan Corporation may determine and may enter into agreements with any person with respect to the provision of such service.

Bus system on Toronto Islands

(8) Despite any other provision in this Act, the Metropolitan Corporation may establish, maintain and operate a public bus transportation system on the Toronto Islands and for such purposes the Metropolitan Corporation may,

(a) maintain and operate buses for the conveyance of passengers;

(b) acquire by purchase or otherwise any real or personal property required for the establishment, operation, maintenance or extension of the system; and

(c) fix transportation fares and tolls and make regulations with respect to the operation and control of the system. R.S.O. 1990, c. M.62, s. 237 (6-8).

238.-240.  REPEALED: 1993, c. 15, s. 34 (4).

Note: Effective January 1, 1998, Part XVII (sections 241 to 269) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XVII
FINANCES

Definitions

241.  In this Part,

“commercial assessment” has the same meaning as in section 1 of the Ontario Unconditional Grants Act; (“évaluation des industries et des commerces”)

“residential and farm assessment” has the same meaning as in clause 9 (1) of the Ontario Unconditional Grants Act; (“évaluation résidentielle et agricole”)

“total rateable property”,

(a) in relation to an area municipality, means the sum of,

(i) the product obtained by multiplying the residential and farm assessment by .85,

(ii) the commercial assessment, and

(iii) the valuations of all properties for which payments in lieu of taxes are paid by the Crown in right of Canada or any province or any board, commission, corporation or other agency thereof or by Ontario Hydro to any area municipality, and

(b) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. (“total des biens imposables”) R.S.O. 1990, c. M.62, s. 241.

242.  (1), (2) REPEALED: 1996, c. 32, s. 78 (18).

Deemed municipality for purposes of Credit Unions and Caisses Populaires Act

(3) The Metropolitan Corporation is deemed to be a municipality for the purposes of section 35 of the Credit Unions and Caisses Populaires Act. R.S.O. 1990, c. M.62, s. 242 (3).

Investment of money

(4) Sections 167.1 and 167.3 of the Municipal Act apply to the Metropolitan Council with necessary modifications. 1996, c. 32, s. 78 (19).

Combined investments

(5) The Metropolitan Corporation may combine and invest money held in the general fund, the capital fund and a reserve fund.

Limitation

(6) Money invested under subsection (5) shall be invested only in the securities named in subsection (2).

Apportionment

(7) Earnings from the combined investment shall be credited to the separate funds in proportion to the amount invested from those funds. 1992, c. 15, s. 43.

YEARLY LEVIES AND ESTIMATES

Yearly estimates

243.  (1) The Metropolitan Council shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the Metropolitan Corporation, including the sums required by law to be provided by the Metropolitan Council for school purposes and for any local board of the Metropolitan Corporation, and such estimates shall set forth the estimated revenues and expenditures in such detail and according to such form as the Ministry may from time to time prescribe.

Allowance to be made in estimates

(2) In preparing the estimates, the Metropolitan Council shall make due allowance for a surplus of any previous year that will be available during the current year and shall provide for any operating deficit of any previous year and for such reserves as the Metropolitan Council considers necessary. R.S.O. 1990, c. M.62, s. 243.

Levy on area municipalities

244.  (1) The Metropolitan Council shall in each year levy against the area municipalities a sum sufficient,

(a) for payment of the estimated current annual expenditures as adopted;

(b) for payment of all debts of the Metropolitan Corporation falling due within the year as well as amounts required to be raised for sinking funds and principal and interest payments or sinking fund requirements in respect of debenture debt of area municipalities for the payment of which the Metropolitan Corporation is liable under this Act.

Apportionment

(2) The Metropolitan Council shall ascertain and by by-law direct what portion of the sum mentioned in subsection (1) shall be levied against and in each area municipality. R.S.O. 1990, c. M.62, s. 244 (1, 2).

School purposes

(3) The amount levied under subsection (1) for school purposes shall be apportioned among the area municipalities in the amounts determined by the School Board under section 139. 1994, c. 27, s. 111 (19).

(4) Repealed: 1994, c. 27, s. 111 (19).

Other purposes

(5) All other amounts levied under subsection (1) shall be apportioned among the area municipalities in the proportion that the total rateable property in each area municipality bears to the total rateable property in the Metropolitan Area.

Apportionment where all rolls not revised

(6) Despite subsections (3), (4) and (5), the Metropolitan Council may pass its by-law under subsection (2) before the assessment rolls of all the area municipalities are revised by the Assessment Review Board, and in that case the levies shall be apportioned among the area municipalities according to the last revised assessment rolls of those area municipalities whose assessment rolls have been so revised and the assessment rolls as returned of those area municipalities whose assessment rolls have not been so revised.

Adjustment

(7) Where the by-law under subsection (2) is passed as provided in subsection (6), the Metropolitan Council shall, forthwith after the assessment rolls of all the area municipalities have been revised by the Assessment Review Board, amend the by-law so as to make the apportionments among the area municipalities according to the assessment rolls as so revised, and,

(a) where the money levied against an area municipality is thereby increased, the treasurer of the area municipality shall pay the amount of the increase to the treasurer of the Metropolitan Corporation; and

(b) where the money levied against an area municipality is thereby decreased, the treasurer of the area municipality shall be liable to pay to the treasurer of the Metropolitan Corporation only the reduced levy or, if the original levy has been paid by the area municipality, the treasurer of the Metropolitan Corporation shall pay the amount of the decrease to the treasurer of the area municipality.

Fixed assessments, etc., not to apply

(8) The apportionment of the levy among the area municipalities as provided for in subsections (2) to (5) shall be based on the full value of all rateable property, and no fixed assessment other than a fixed assessment under section 23 of the Assessment Act or partial or total exemption from assessment or taxation applies thereto, except as provided in section 3 of the Assessment Act.

Valuations of properties in respect of which grants in lieu of taxes received

(9) The clerk of an area municipality shall transmit to the clerk of the Metropolitan Corporation, within sixty days of the receipt of a grant paid in lieu of taxes, a statement of the valuations of real property in the area municipality upon which such grant was made.

Levy by-laws

(10) One by-law or several by-laws for making the levies may be passed as the Metropolitan Council considers expedient. R.S.O. 1990, c. M.62, s. 244 (5-10).

Certificate of levy

(11) The clerk of the Metropolitan Corporation shall forthwith after the metropolitan levies have been apportioned certify to the clerk of each area municipality the amount that has been so directed to be levied therein for the then current year for metropolitan purposes showing separately the amounts required for school purposes and general purposes. R.S.O. 1990, c. M.62, s. 244 (11); 1994, c. 27, s. 111 (20).

Local levies for metropolitan purposes

(12) Subject to subsections 37 (4), (5) and (6) of the Assessment Act, in each area municipality the metropolitan levy,

(a) for school purposes, other than separate school purposes, shall be calculated and levied upon all property rateable for school purposes, other than separate school purposes, within such area municipality according to the last revised assessment roll; and

(b) for all other purposes, shall be calculated and levied upon all property rateable for such purposes within such area municipality according to the last revised assessment roll. 1994, c. 27, s. 111 (21).

Payment

(13) All money levied against an area municipality under the authority of this section shall be deemed to be taxes and are a debt of the area municipality to the Metropolitan Corporation and the treasurer of every area municipality shall pay the money so levied to the treasurer of the Metropolitan Corporation at the times and in the amounts specified by the by-law of the Metropolitan Council mentioned in subsection (2).

Default

(14) If an area municipality fails to make any payment as provided in the by-law, interest shall be added at the rate of 15 per cent per year or such lower rate as the Metropolitan Council determines, from the date payment is due until it is made. R.S.O. 1990, c. M.62, s. 244 (13, 14).

Levy authorized before estimates adopted

245.  (1) Despite section 244, the Metropolitan Council may, in any year before the adoption of the estimates for that year, levy against each of the area municipalities a sum not exceeding 50 per cent of the levy made by the Metropolitan Council in the preceding year against that area municipality or against the former area municipalities included within that area municipality, and subsections 244 (13) and (14) apply to such a levy.

Levy under s.244 to be reduced

(2) The amount of any levy made under subsection (1) shall be deducted from the amount of the levy made under section 244. R.S.O. 1990, c. M.62, s. 245.

RESERVE FUNDS

Reserve funds

246.  (1) The Metropolitan Council, or The Metropolitan Toronto School Board or the Metropolitan Toronto Library Board with the approval of the Metropolitan Council, may in each year provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds. R.S.O. 1990, c. M.62, s. 246 (1).

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 78 (20).

Note: During a one-year transitional period, beginning on March 6, 1997 and ending on March 6, 1998, the following rules apply:

Subsection 246 (2), as it read on March 5, 1997, continues to apply to investments made before that date. However, an investment made before that date shall not be continued beyond the transitional period unless it is a permitted investment under section 167 of the Municipal Act.

Money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

See: 1996, c. 32, ss. 78 (21-23), 102 (4).

Expenditure of reserve fund money

(3) The money raised for a reserve fund established under subsection (1) shall not be expended, pledged or applied to any purpose other than that for which the fund was established, unless approved by the Metropolitan Council.

Auditor to report on reserve funds

(4) The auditor in the auditor’s annual report shall report on the activities and position of each reserve fund established under subsection (1). R.S.O. 1990, c. M.62, s. 246 (3, 4).

TEMPORARY LOANS

Current borrowings

247.  (1) The Metropolitan Council may by by-law, either before or after the passing of by-laws for imposing levies on the area municipalities for the current year, authorize the chair and treasurer to borrow from time to time by way of promissory note or banker’s acceptance such sums as the Metropolitan Council considers necessary to meet, until the levies and other revenues are received, the current expenditures of the Metropolitan Corporation for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Metropolitan Corporation and the sums required by law to be provided by the Metropolitan Council for school purposes and for any local board of the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 247 (1).

Limit upon borrowings

(2) The amount that may be borrowed at any one time for the purposes mentioned in subsection (1) plus any similar borrowings that have not been repaid shall not, except with the approval of the Municipal Board, exceed, from January 1st to September 30th of the year, 50 per cent and from October 1st to December 31st, 25 per cent of the total amount of the estimated revenues of the Metropolitan Corporation as set forth in the estimates adopted for the year. 1992, c. 15, s. 44.

Temporary application of estimates of preceding year

(3) Until such estimates are adopted, the limitation upon borrowing prescribed by subsection (2) shall temporarily be calculated upon the estimated revenues of the Metropolitan Corporation as set forth in the estimates adopted for the next preceding year.

Exclusion from estimated revenues

(4) For the purposes of subsections (2) and (3), estimated revenues shall not include revenues derivable or derived from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and proceeds from the sale of assets.

Protection of lender

(5) The lender is not bound to establish the necessity of borrowing the sum lent or to see to its application.

Execution of borrowing instruments

(6) A promissory note or banker’s acceptance made under the authority of this section shall be signed by the chair or by some other person authorized by by-law to sign it and by the treasurer. R.S.O. 1990, c. M.62, s. 247 (3-6).

Same

(7) The signature of the chair or any other person authorized to sign promissory notes or bankers’ acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 78 (24).

Creation of charge

(8) The Metropolitan Council may by by-law provide or authorize the chair and treasurer to provide by agreement that all or any sums borrowed for any or all of the purposes mentioned in this section shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the Metropolitan Corporation for the current year and for any preceding years as and when such revenues are received, provided that such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender.

Execution of agreements

(9) Any agreement entered into under subsection (8) shall be signed by the chair and treasurer.

Penalty for excess borrowings

(10) If the Metropolitan Council authorizes the borrowing of or borrows any larger amount than is permitted under this section, every member who knowingly votes therefor is disqualified from holding any municipal office for two years.

Penalty for misapplication of revenues by Metropolitan Council

(11) If the Metropolitan Council authorizes the application of any revenues of the Metropolitan Corporation charged under the authority of this section otherwise than in repayment of the loan secured by such charge, the members who vote for such application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Penalty for misapplication of revenues by officials

(12) If any member of the Metropolitan Council or officer of the Metropolitan Corporation applies any revenues so charged otherwise than in repayment of the loan secured by such charge, he or she is personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Savings as to penalties

(13) Subsections (10), (11) and (12) do not apply to the Metropolitan Council or any member of the Metropolitan Council or officer of the Metropolitan Corporation acting under an order or direction issued or made under the authority of Part III of the Municipal Affairs Act, nor do they apply in any case where application of the revenues of the Metropolitan Corporation is made with the consent of the lender in whose favour a charge exists.

Deeming provision

(14) For the purposes of this section, where the Metropolitan Corporation raises money by means of a banker’s acceptance, the Metropolitan Corporation shall be deemed to be borrowing money.

Bankers’ acceptance

(15) A banker’s acceptance authorized under this section,

(a) shall be drawn as a bill of exchange under the Bills of Exchange Act (Canada);

(b) shall be accepted by a bank to which the Bank Act (Canada) applies; and

(c) may be discounted.

Interest on promissory note

(16) A promissory note authorized under this section may be expressed so as to bear interest only upon such money as may be borrowed thereon from the time when such money is actually lent. R.S.O. 1990, c. M.62, s. 247 (8-16).

DEBT

Debt

248.  (1) The Metropolitan Corporation may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

“municipal purposes” means all the following purposes, under this or any other Act:

1. The purposes of the Metropolitan Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act. 1996, c. 32, s. 78 (25).

Authority to expend money for rapid transit extension

(2) Despite any other provision of this Part, the Metropolitan Corporation may expend money for the purposes of an extension to the rapid transit system of the Toronto Transit Commission and may issue debentures therefor for any term or terms not exceeding forty years and may provide for the refinancing of not more than one-half of the amount of any such issue at the end of the term thereof, provided that the total period for repayment of the debt created shall not exceed forty years. R.S.O. 1990, c. M.62, s. 248 (2); 1996, c. 32, s. 78 (26).

Liability

(3) All debentures issued pursuant to a by-law passed by the Metropolitan Council under the authority of this Act are direct, joint and several obligations of the Metropolitan Corporation and the area municipalities despite the fact that the whole or any portion of the rates imposed for the payment thereof may have been levied only against one or more of the area municipalities but nothing in this subsection affects the rights of the Metropolitan Corporation and of the area municipalities respectively as among themselves.

Limitation

(4) Despite any general or special Act, no area municipality has power to issue debentures.

Bonds, debentures, etc., trustee investments

(5) Bonds, debentures and other evidences of indebtedness of the Metropolitan Corporation shall be deemed to be bonds, debentures and other evidences of indebtedness of a municipal corporation for the purposes of the Trustee Act. R.S.O. 1990, c. M.62, s. 248 (3-5).

Concurrence of specified number of members of area council

249.  If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the Metropolitan Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the Metropolitan by-law. 1996, c. 32, s. 78 (27).

Agreement for issue and sale of debentures

250.  (1) Despite any other provisions in this Act or any other general or special Act, when the Municipal Board or the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures by the Metropolitan Corporation for its purposes or for the purposes of any area municipality, the Metropolitan Council may by by-law authorize the chair and treasurer subject to such terms and conditions as the by-law specifies to enter into an agreement or agreements, upon such terms and conditions including price or prices as the chair and the treasurer consider expedient, with any person or persons at any time in the year in which the by-law is passed for the issue and sale of debentures. R.S.O. 1990, c. M.62, s. 250 (1); 1992, c. 15, s. 46; 1996, c. 32, s. 78 (28).

Maximum amount of money

(2) A by-law passed under subsection (1) shall set out the maximum amount of money which may be raised by the issue and sale of debentures under such by-law.

Report

(3) Where an agreement has been entered into in accordance with subsection (1), the treasurer shall report the terms of the agreement to the Metropolitan Council not later than the second regular council meeting next following the entering into of the agreement.

Passage of money by-laws

(4) Where the chair and treasurer have entered into an agreement or agreements authorized under subsection (1), the Metropolitan Council shall pass all necessary money by-laws in accordance with section 252 and with such agreement or agreements. R.S.O. 1990, c. M.62, s. 250 (2-4).

Borrowing pending issue and sale of debentures

251.  (1) When the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures for its purposes, the Metropolitan Council pending the issue and sale of the debentures may agree with a bank or person for temporary advances from time to time for the purpose authorized, and may by by-law pending the sale of such debentures or in lieu of selling them authorize the chair and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan. R.S.O. 1990, c. M.62, s. 251 (1); 1992, c. 15, s. 47 (1).

Idem

(2) When the Metropolitan Corporation has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the Metropolitan Council pending the issue and sale of the debentures may, and on the request of the area municipality shall, agree with a bank or person for temporary advances from time to time for the purposes authorized, and may, or on the request of the area municipality shall, pending the sale of such debentures or in lieu of selling them, authorize the chair and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan, and shall transfer the proceeds of such advance or loan to the area municipality. R.S.O. 1990, c. M.62, s. 251 (2); 1992, c. 15, s. 47 (2); 1996, c. 32, s. 78 (29).

Interest on procedes transferred

(3) The Metropolitan Corporation may charge interest on any proceeds of an advance or loan transferred under subsection (2) at a rate sufficient to reimburse it for the cost of such advance or loan. R.S.O. 1990, c. M.62, s. 251 (3).

Application of proceeds of loan

(4) The proceeds of every advance or loan under this section shall be applied to the purposes for which the debentures were authorized, but the lender shall not be bound to see to the application of the proceeds and, if the debentures are subsequently sold, the proceeds of the sale shall be applied first in repayment of the loan and, where the debentures were issued for the purposes of an area municipality, the balance, subject to section 263, shall be transferred to the area municipality. R.S.O. 1990, c. M.62, s. 251 (4); 1996, c. 32, s. 78 (30).

Subsequent sale of debentures

(5) Subject to subsection (3), the redemption of a debenture hypothecated does not prevent the subsequent sale thereof. R.S.O. 1990, c. M.62, s. 251 (5).

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 78 (31).

Temporary borrowing

251.1  Section 188 of the Municipal Act applies with necessary modifications to the Metropolitan Corporation. 1992, c. 15, s. 48.

Principal and interest payments

252.  (1) Subject to subsection (2), a money by-law for the issuing of debentures shall provide that the principal shall be repaid in annual instalments with interest payable in one or more instalments in each year, and the by-law may provide for annual instalments of combined principal and interest. R.S.O. 1990, c. M.62, s. 252 (1); 1996, c. 32, s. 78 (32).

Sinking fund debentures

(2) A money by-law for the issuing of debentures may provide that the principal shall be repaid at a fixed date with interest payable in one or more instalments in each year, in which case debentures issued under the by-law shall be known as sinking fund debentures. R.S.O. 1990, c. M.62, s. 252 (2); 1996, c. 32, s. 78 (33).

When debentures payable

(3) The whole debt and the debentures to be issued therefor shall be made payable within a term not to exceed the lifetime of the undertaking up to a maximum of forty years. 1992, c. 15, s. 49 (1).

Special levy against area municipalities

(4) The by-law may provide for raising in each year, by special levy or levies against one or more area municipalities, the whole or specified portions of the sums of principal and interest payable under the by-law in such year, and each such area municipality shall pay to the Metropolitan Corporation such sums at the times and in the amounts specified in the by-law.

General levy

(5) The by-law shall provide for raising in each year, by a special levy on all the area municipalities, the sums of principal and interest payable under the by-law in such year to the extent that such sums have not been provided for by any special levy or levies against any area municipality or municipalities made especially liable therefor by the by-law.

Levy by area municipalities

(6) Any special levy against an area municipality imposed by the by-law under the authority for subsection (4) may be levied by the area municipality against persons or property in the same manner and subject to the same limitations as if it were passing a by-law authorizing the issue of debentures of the area municipality, for the same purpose, for the portion of the debt levied against it under subsection (4).

Levies a debt

(7) All levies imposed by the by-law against an area municipality are a debt of the area municipality to the Metropolitan Corporation.

By-law to change mode of issuing debentures

(8) The Metropolitan Council may by by-law authorize a change in the mode of issue of the debentures, and may provide that the debentures be issued with coupons instead of in amounts of combined principal and interest or vice versa, and where any debentures issued under the by-law have been sold, pledged or hypothecated by the Metropolitan Council, upon again acquiring them, or at the request of any holder of them, may cancel them and issue one or more debentures in substitution for them, and make such new debenture or debentures payable by the same or a different mode on the instalment plan, but no change shall be made in the amount payable in each year. R.S.O. 1990, c. M.62, s. 252 (4-8).

Dating and issuing of debentures

(9) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(10) Subject to subsection (11), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(11) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(12) The Metropolitan Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(13) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law. 1996, c. 32, s. 78 (34).

(14) REPEALED: 1996, c. 32, s. 78 (34).

Consolidation

(15) Despite any general or special Act, the Metropolitan Council may borrow sums for two or more purposes in one debenture by-law and provide for the issue of one series of debentures therefor. R.S.O. 1990, c. M.62, s. 252 (15).

Application

(16) Subsections 140 (4) and (16), sections 141, 142 and 143 and subsections 144 (2.1) to (2.3) and 145 (1) and (2) of the Municipal Act apply with necessary modifications to the Metropolitan Corporation. 1992, c. 15, s. 49 (2).

Registration of debentures

(17) Subsection 181 (4) of the Municipal Act applies and shall be deemed to have always applied, with necessary modifications, to the Metropolitan Corporation.

Administration of retirement fund

(18) The retirement fund for term debentures shall be administered by the sinking fund committee in all respects in the same manner as a sinking fund established under this section, and the provisions of subsections (24) to (44) of this section with respect to a sinking fund shall apply with necessary modifications to such retirement fund. R.S.O. 1990, c. M.62, s. 252 (17, 18).

Redemption before maturity

(19) The by-law may provide that all the debentures or a portion thereof shall be redeemable at the option of the Metropolitan Corporation on any date prior to maturity subject to the following provisions:

1. The by-law and every debenture that is so redeemable shall specify the place or places of payment and the amount at which such debenture may be so redeemed.

2. The principal of every debenture that is so redeemable becomes due and payable on the date set for the redemption thereof, and from and after such date interest ceases to accrue thereon where provision is duly made for the payment of the principal thereof, the interest to the date set for redemption, and any premium payable on redemption.

3. Notice of intention so to redeem shall be sent by post at least thirty days prior to the date set for such redemption to the person in whose name the debenture is registered at the address shown in the debenture registry.

4. At least thirty days prior to the date set for such redemption, notice of intention so to redeem shall be published in The Ontario Gazette and in a daily newspaper of general circulation in the City of Toronto and in such other manner as the by-law may provide.

5. Where only a portion of the debentures issued under the by-law is so to be redeemed, such portion shall comprise only the debentures that have the latest maturity dates, and no debentures issued under the by-law shall be called for such redemption in priority to any such debenture that has a later maturity date.

6. Where a debenture is redeemed on a date prior to maturity, such redemption does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the Metropolitan Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Metropolitan Council in respect of the debenture so redeemed. R.S.O. 1990, c. M.62, s. 252 (19); 1992, c. 15, s. 49 (3).

(20)-(22) REPEALED: 1996, c. 32, s. 78 (35).

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity. 1996, c. 32, s. 78 (36).

Consolidated bank accounts

(24) When sinking fund debentures are issued, the sinking fund committee shall keep one or more consolidated bank accounts in which,

(a) the treasurer of the Metropolitan Corporation shall deposit each year during the term of the debentures the money raised for the sinking fund of all debts that are to be paid by means of sinking funds; and

(b) there shall be deposited all earnings derived from, and all proceeds of the sale, redemption or payment of, sinking fund investments.

Sinking fund committee

(25) When sinking fund debentures are issued, there shall be a sinking fund committee which shall be composed of the treasurer of the Metropolitan Corporation and such other members appointed by the Metropolitan Council as it considers appropriate and the appointed members shall be paid, out of the current fund of the Metropolitan Corporation, such annual remuneration as the Metropolitan Council may determine.

Alternate members

(26) The Metropolitan Council may appoint an alternate member for each of the appointed members and any such alternate member has all the powers and duties of the member in the absence or inability to act of such member and any such alternate member may be paid, out of the current fund of the Metropolitan Corporation, such remuneration as the Metropolitan Council determines.

Chair

(27) The treasurer of the Metropolitan Corporation shall be the chair and treasurer of the sinking fund committee and in his or her absence the appointed members may appoint one of themselves as acting chair and treasurer.

Security

(28) Each member of the sinking fund committee shall, before entering into the duties of office, give security for the faithful performance of his or her duties and for duly accounting for and paying over all money that comes into his or her hands, in such amount as the auditor of the Metropolitan Corporation shall determine, and in other respects section 92 of the Municipal Act applies with respect to such security.

Quorum

(29) A majority of members of the sinking fund committee are a quorum, and all investments and disposals of investments must be approved by a majority of all the members of the committee.

Control of sinking fund assets

(30) All assets of the sinking funds, including all consolidated bank accounts, shall be under the sole control and management of the sinking fund committee.

Withdrawals from bank accounts

(31) All withdrawals from the consolidated bank accounts shall be authorized by the sinking fund committee, and all cheques on the consolidated bank accounts shall be signed by the chair or acting chair and one other member of the sinking fund committee.

Investments

(32) The sinking fund committee shall invest any money on deposit from time to time in the consolidated bank accounts and may at any time or times vary any investments. R.S.O. 1990, c. M.62, s. 252 (24-32).

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act. 1996, c. 32, s. 78 (37).

(34), (35) REPEALED: 1996, c. 32, s. 78 (37).

Note: During a one-year transitional period, beginning on March 6, 1997 and ending on March 6, 1998, the following rules apply:

Subsection 252 (33), as it read on March 5, 1997, continues to apply to investments made before that date. However, an investment made before that date shall not be continued beyond the transitional period unless it is a permitted investment under section 167 of the Municipal Act.

Money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

See: 1996, c. 32, ss. 78 (38-40), 102 (4).

Sinking fund accounts

(36) All sinking fund debentures issued on the same date, payable in the same currency, and maturing on the same date, although they are issued under one or more by-laws, shall be deemed one debt and be represented by one sinking fund account. R.S.O. 1990, c. M.62, s. 252 (36).

Earnings credited to sinking fund account

(37) That proportion of the amount of all earnings in any year, on an accrual basis, from sinking fund investments, obtained by,

(a) multiplying the amount of all such earnings by the amount of the compounded interest for that year under subsection (23) with respect to the principal raised up to and including such year for all sinking fund debentures represented by any sinking fund account; and

(b) dividing the product obtained under clause (a) by the amount of all compounded interest for that year under subsection (23) with respect to all principal raised up to and including such year for all outstanding sinking fund debentures,

shall be credited to the sinking fund account mentioned in clause (a). R.S.O. 1990, c. M.62, s. 252 (37); 1996, c. 32, s. 78 (41).

Sinking fund requirements

(38) The treasurer of the Metropolitan Corporation shall prepare and lay before the Metropolitan Council in each year, before the annual metropolitan levies are made, a statement showing the sums that the Metropolitan Council will be required, by by-law, to raise for sinking funds in that year.

Offence

(39) If the treasurer contravenes subsection (24) or (38), he or she is guilty of an offence.

Failure to levy

(40) If the Metropolitan Council neglects in any year to levy the amount required to be raised for a sinking fund, each member of the Metropolitan Council is disqualified from holding any municipal office for two years, unless he or she shows that he or she made reasonable efforts to procure the levying of such amount. R.S.O. 1990, c. M.62, s. 252 (38-40).

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the Metropolitan Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt. 1996, c. 32, s. 78 (42).

No diversion of sinking funds

(42) No money collected for the purpose of a sinking fund shall be applied towards paying any part of the current or other expenditure of the Metropolitan Corporation or otherwise than is provided in this section. R.S.O. 1990, c. M.62, s. 252 (42).

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the Metropolitan Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (b) are:

1. Retirement of unmatured debentures of the Metropolitan Corporation or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the Metropolitan Corporation or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general funds of the Metropolitan Corporation or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause (43) (a) or (b) for the purposes of the Metropolitan Corporation or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose. 1996, c. 32, s. 78 (43).

Deficit and surplus

(44) Although any sinking fund debentures have been issued for the purposes of one or more area municipalities, any deficit in the sinking fund account shall be provided by the Metropolitan Corporation out of its current funds and any surplus in the sinking fund account shall be used as provided in subsection (43). R.S.O. 1990, c. M.62, s. 252 (44); 1996, c. 32, s. 78 (44).

Debentures rank equally

(45) Despite any general or special Act or any differences in date of issue or maturity, every debenture issued shall rank concurrently and equally in respect of payment of principal and interest thereon with all other debentures of the Metropolitan Corporation except as to the availability of any sinking funds applicable to any particular issue of debentures. R.S.O. 1990, c. M.62, s. 252 (45).

Application of Municipal Act

253.  (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the Metropolitan Council.

Hypothecation not a sale

(2) For the purposes of this section, the hypothecation of debentures under section 251 shall not constitute a sale or other disposal thereof.

Consolidation of debentures

(3) The Metropolitan Council may by one by-law authorized under subsection (1) amend two or more by-laws and provide for the issue of one series of new debentures in substitution and exchange for the debentures issued thereunder.

Special assessments and levies

(4) A by-law passed under this section does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the Metropolitan Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Metropolitan Council. R.S.O. 1990, c. M.62, s. 253.

Repeal of by-law

254.  (1) Where part only of a sum of money provided for by a by-law has been raised, the Metropolitan Council may repeal the by-law as to any part of the residue, and as to a proportionate part of the amounts to be raised annually. R.S.O. 1990, c. M.62, s. 254 (1).

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day. 1996, c. 32, s. 78 (45).

Until debt paid certain by-laws cannot be repealed

255.  (1) Subject to section 254, after a debt has been contracted under a by-law, the Metropolitan Council shall not, until the debt and interest have been paid, repeal the by-law or any by-law appropriating, for the payment of the debt or the interest, the surplus income from any work or any interest therein, or money from any other source, and shall not alter any such by-law so as to diminish the amount to be raised annually, and shall not apply to any other purpose any money of the Metropolitan Corporation that has been directed to be applied to such payment.

Application of payments

(2) When the Metropolitan Corporation, by or under the authority of this Act, pays to an area municipality any amount of principal and interest becoming due upon any outstanding debentures issued by the area municipality, neither the council of the area municipality nor any officer thereof shall apply any of the money so paid for any purpose other than the payment of the amounts of principal and interest so becoming due. R.S.O. 1990, c. M.62, s. 255.

Offence for neglect of officer to carry out by-law

256.  Any officer of the Metropolitan Corporation whose duty it is to carry into effect any of the provisions of a money by-law of the Metropolitan Corporation, who neglects or refuses to do so, under colour of a by-law illegally attempting to repeal or amend it, so as to diminish the amount to be raised annually under it, is guilty of an offence. R.S.O. 1990, c. M.62, s. 256.

Money by-laws may be registered

257.  (1) Within four weeks after the passing of a money by-law, the clerk of the Metropolitan Corporation may register a duplicate original or a copy of it, certified under his or her hand and the seal of the Metropolitan Corporation, in the Registry Office for the Registry Division of the City of Toronto.

Application to quash registered by-law, when to be made

(2) Subject to section 62 of the Ontario Municipal Board Act, every by-law registered in accordance with subsection (1), or before the sale or other disposition of the debentures issued under it, and the debentures are valid and binding, according to the terms thereof, and the by-law shall not be quashed, unless within one month after the registration in the case of by-laws passed under the Drainage Act or the Local Improvement Act, and in the case of other by-laws, within three months after the registration, an application or action to quash the by-law is made to or brought in a court of competent jurisdiction, and a certificate under the hand of the proper officer of the court and its seal, stating that such application has been made or action brought is registered in such registry office within such period of three months, or one month, as the case may be.

Time when by-law to be valid and binding

(3) After the expiration of the period prescribed by subsection (2), if no application or action to quash the by-law is made or brought, the by-law is valid and binding according to its terms.

Quashing part of by-law

(4) If an application or action to quash the by-law is made or brought within the period prescribed by subsection (2), but part only of the by-law is sought to be quashed, the remainder of it, if no application or action to quash it is made or brought within that period, is, after the expiration of that period, valid and binding according to its terms.

Dismissal of application

(5) If the application or action is dismissed in whole or in part, a certificate of the dismissal may be registered, and after such dismissal and the expiration of the period prescribed by subsection (2), if it has not already expired, the by-law, or so much of it as is not quashed is valid and binding according to its terms. R.S.O. 1990, c. M.62, s. 257 (1-5).

Illegal by-laws not validated

(6) Nothing in this section makes valid a by-law where it appears on the face of it that any of the provisions of subsection 252 (5) have not been substantially complied with. R.S.O. 1990, c. M.62, s. 257 (6); 1996, c. 32, s. 78 (46).

Failure to register

(7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. M.62, s. 257 (7).

Execution

258.  (1) A debenture shall bear,

(a) the seal of the Metropolitan Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the Metropolitan Corporation, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the Metropolitan Corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons. 1996, c. 32, s. 78 (47).

Debentures, by-law to be valid

259.  Where the interest for one year or more on the debentures issued under a by-law and the principal of any debenture that has matured has been paid by the Metropolitan Corporation, the by-law and the debentures issued under it are valid and binding upon the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 259.

Mode of transfer may be prescribed

260.  (1) Where a debenture contains or has endorsed upon it a provision to the following effect:

This debenture, or any interest therein, is not, after a certificate of ownership has been endorsed thereon by the treasurer of this Corporation or by such other person authorized by by-law of this Corporation to endorse such certificate of ownership, transferable except by entry by the treasurer or by such other person so authorized in the debenture registry of the Corporation at the ....................................................................... ....................................................................... of ..................................................................

the treasurer, or such other persons so authorized, on the application of the owner of the debenture or of any interest in it, shall endorse upon the debenture a certificate of ownership and shall record in a debenture registry a copy of the certificate and of every certificate that is subsequently given, and shall also enter a memorandum of every transfer of such debenture. R.S.O. 1990, c. M.62, s. 260 (1); 1992, c. 15, s. 51 (1).

Requirements as to endorsing certificate of ownership

(2) A certificate of ownership shall not be endorsed on a debenture except by the written authority of the person last entered as the owner of it, or of his or her executors or administrators, or of his, her or their attorney, and, if the person last entered as owner of it is a corporation, the written authority of such corporation, or its successors, which authority shall be retained and filed by the treasurer. R.S.O. 1990, c. M.62, s. 260 (2).

Transfer by entry in debenture registry

(3) After a certificate of ownership has been endorsed, the debenture, if it contains or has endorsed upon it a provision to the like effect of the provision contained in subsection (1), is transferable only by entry by the treasurer, or by such other person so authorized, in the debenture registry as and when a transfer of the debenture is authorized by the then owner of it or his or her executors or administrators or his, her or their attorney and, if the then owner of it is a corporation, the written authority of such corporation, or its successors. R.S.O. 1990, c. M.62, s. 260 (3); 1992, c. 15, s. 51 (2).

When debenture registry may be maintained outside Canada

(4) Where debentures are payable in a currency other than that of Canada, the Metropolitan Council may provide that the debenture registry of the Metropolitan Corporation in respect of such debentures be maintained outside Canada by a person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the Metropolitan Council considers appropriate. R.S.O. 1990, c. M.62, s. 260 (4); 1992, c. 15, s. 51 (3).

Records storage

260.1  (1) The following records may be kept electronically or by using a magnetic medium:

1. Copies of certificates of ownership and original memoranda of debenture transfers under subsection 260 (1).

2. Names and addresses of the owners of registered debentures.

3. Particulars of the cancellation and destruction of debentures under subsection 262 (4) and the issuance of any new debentures in exchange.

Admissibility

(2) Any writing produced from an electronic or magnetic medium that represents the copy of a certificate of ownership kept under paragraph 1 of subsection (1) and that is in a readily understandable form is admissible in evidence to the same extent as a copy of the certificate under subsection 260 (1).

Idem

(3) If there is no original written record, any writing produced from an electronic or magnetic medium that is in a readily understandable form and that represents a memorandum of debenture transfer or the records kept under paragraph 2 or 3 of subsection (1) is admissible in evidence to the same extent as if it were an original written record. 1992, c. 15, s. 52.

Replacement of lost debentures

261.  Where a debenture is defaced, lost or destroyed, the Metropolitan Council may by by-law provide for the replacing of the debenture on the payment of such fee and on such terms as to evidence and indemnity as the by-law may provide. R.S.O. 1990, c. M.62, s. 261.

Exchange of debentures

262.  (1) On request of the holder of any debenture issued after the 3rd day of April, 1957 by the Metropolitan Corporation, the treasurer of the Metropolitan Corporation may issue and deliver to such holder a new debenture or new debentures in exchange therefor for the same aggregate principal amount.

On request of sinking fund committee

(2) On the request of the sinking fund committee, the treasurer of the Metropolitan Corporation may, as provided in this section, exchange debentures heretofore or hereafter issued by the Metropolitan Corporation.

New debentures

(3) Any new debenture mentioned in subsection (1) may be registered as to principal and interest but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange. R.S.O. 1990, c. M.62, s. 262 (1-3).

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Metropolitan Corporation shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange. 1996, c. 32, s. 78 (48).

Application of proceeds of debentures

263.  (1) The money received by the Metropolitan Corporation from the sale or hypothecation of any debentures to the extent that such money is required for the purpose or purposes for which the debentures were issued, and for the repayment of any outstanding temporary loans with respect thereto, shall be used only for such purpose or purposes. R.S.O. 1990, c. M.62, s. 263 (1).

Idem

(2) None of the money received by the Metropolitan Corporation from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the Metropolitan Corporation or an area municipality in the Metropolitan Area. R.S.O. 1990, c. M.62, s. 263 (2); 1996, c. 32, s. 78 (49).

Surplus

(3) Where on the sale of any debentures an amount is realized in excess of that required for the purpose or purposes for which the debentures were issued, the excess amount shall be applied,

(a) if any such debentures are redeemable prior to maturity at the option of the Metropolitan Corporation, to redeem one or more of the debentures having the latest maturity date; or

(b) to reduce the next annual levy on account of principal and interest payable with respect to such debentures; or

(c) to reduce the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved by the Metropolitan Corporation, provided that the principal and interest charges of such debentures are levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures with respect to which the excess arose. R.S.O. 1990, c. M.62, s. 263 (3); 1992, c. 15, s. 54; 1996, c. 32, s. 78 (50).

Deficiency

(4) Where on the sale of any debentures a deficiency in the amount required for the purpose or purposes for which the debentures were issued is sustained, the amount of such deficiency shall be added to the sum to be raised for the first annual payment of principal and interest with respect to the debentures and the levy made in the first year for such purpose or purposes shall be increased accordingly or shall be raised by the issue of other debentures for the same or any similar purpose or purposes. R.S.O. 1990, c. M.62, s. 263 (4); 1996, c. 32, s. 78 (51).

Use of proceeds of sale of asset acquired from proceeds of sale of debentures

264.  Where real or personal property acquired out of money received by the Metropolitan Corporation from the sale or hypothecation of any debentures is disposed of by sale or otherwise, the net proceeds of such disposal shall be applied as an excess in accordance with subsection 263 (3) or may be applied to meet the whole or a portion of any capital expenditure the debt charges for which, if raised by taxation, would be raised by taxation levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures issued in respect of the property disposed of or sold. R.S.O. 1990, c. M.62, s. 264; 1996, c. 32, s. 78 (52).

Tenders for debentures

265.  When the Metropolitan Corporation intends to borrow money on debentures under this or any other Act, the Metropolitan Council may prior to the issue thereof call for tenders for the amount of money required and the person tendering shall specify the rate of interest the debentures shall bear when issued at par. R.S.O. 1990, c. M.62, s. 265.

Accounts, how to be kept

266.  (1) The Metropolitan Council shall,

(a) keep a separate account of every debt;

(b) where the whole of the debt is not payable in the current year, keep in respect thereof,

(i) an additional account for the interest, if any, and

(ii) an additional account for the sinking fund or the instalments of principal,

distinguished from all other accounts by a prefix designating the purpose for which the debt was contracted; and

(c) keep the accounts so as to exhibit at all times the state of every debt, and the amount of money raised, obtained and appropriated for the payment of it.

Consolidated interest account

(2) The Metropolitan Council may by by-law provide and direct that instead of a separate account of the interest upon every debt being kept, a consolidated account of the interest upon all debts may be kept, but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of the interest account upon every debt and that provision has been made to meet the interest upon every debt. R.S.O. 1990, c. M.62, s. 266.

Application of surplus money

267.  If in any year after paying the interest and appropriating the necessary sum in payment of the instalments there is a surplus properly applicable to such debt, it shall so remain until required in due course for the payment of interest or in payment of the principal. R.S.O. 1990, c. M.62, s. 267.

Liability of members

268.  (1) If the Metropolitan Council applies any money raised for a special purpose or collected for a sinking fund in paying current or other expenditure, the members who vote for such application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Action by ratepayer

(2) If the Metropolitan Council, upon the request in writing of a ratepayer of any area municipality, refuses or neglects for one month to bring an action therefor, the action may be brought by any such ratepayer on behalf of the ratepayer and all other ratepayers in the Metropolitan Area.

Disqualification

(3) The members who vote for such application are disqualified from holding any municipal office for two years. R.S.O. 1990, c. M.62, s. 268.

Refinancing of debentures

269.  When, by or under the authority of this Act, the Metropolitan Corporation is or becomes liable for the payment to an area municipality of all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality, the Metropolitan Corporation may,

(a) cancel all such debentures that have not been sold and issue new debentures of the Metropolitan Corporation in substitution and exchange therefor and apply the proceeds for the purposes for which such debentures were issued;

(b) arrange with the area municipality for the redemption of all such debentures as are redeemable and issue new debentures of the Metropolitan Corporation to raise the money required for such redemption;

(c) purchase, by agreement with the owner or owners thereof, all such debentures of a single issue of the area municipality, and issue new debentures of the Metropolitan Corporation to raise the money required to complete such purchase. R.S.O. 1990, c. M.62, s. 269; 1996, c. 32, s. 78 (53, 54).

Note: Effective January 1, 1998, Part XVIII (sections 270 to 289) is repealed.  See: 1997, c. 2, ss. 28 (1), 31 (2).

PART XVIII
GENERAL

Application of Municipal Act

270.  (1) Section 5, Parts XIII, XIV, XV and XIX, sections 75, 76, 94, 103, 104, 105, 111, 113, 114, 115, 116, 120 and 121, subsection 163 (3), paragraphs 3, 11, 12, 23, 24, 27, 30, 50, 51 and 55 of section 207, paragraph 131 of section 210, and paragraph 10 of section 314 of the Municipal Act apply with necessary modifications to the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 270 (1); 1994, c. 23, s. 80.

Exceptions

(2) Sections 10 and 11 of the Municipal Act do not apply to any area municipality.

Harbour commission

(3) Nothing in this Act alters or affects the powers of The Toronto Harbour Commissioners.

Nuisances

(4) The Metropolitan Corporation shall be deemed to be a local municipality for the purpose of paragraph 140 of section 210 of the Municipal Act.

Emergency measures civil defence

(5) By-laws may be passed by the Metropolitan Council,

(a) for the establishment and maintenance of emergency measures civil defence organizations in the Metropolitan Area; and

(b) for providing money for emergency measures and civil defence, for the purposes of emergency measures civil defence organizations and for the cost of the operation of such organizations, and for other similar work in the Metropolitan Area,

and, when a by-law passed under this subsection is in force in the Metropolitan Area, any by-law passed by the council of an area municipality under subclauses 208 (b) (ii) and (iii) of the Municipal Act has no effect.

Powers of Metropolitan Council re emergency measures

(6) When a by-law passed under clause (5) (a) is in force, the Metropolitan Council may pass by-laws,

(a) with the consent of the area municipality or local board concerned, for appointing heads of departments and alternates to be members of the Metropolitan Toronto Emergency Measures Organization or any committee thereof;

(b) with the consent of the area municipality or local board concerned, for training employees of the area municipality or local board in their functions under the Metropolitan Toronto Emergency Measures Organization;

(c) for appointing members of the Metropolitan Toronto Emergency Measures Organization, or of any committee thereof, to be in charge of such departments or utilities throughout the Metropolitan Area as the by-law may provide, when an emergency has been proclaimed under the War Measures Act (Canada);

(d) for acquiring alternative headquarters for the metropolitan government outside the Metropolitan Area;

(e) for designating evacuation routes and empowering members of the Metropolitan Police Force to require persons to use such routes;

(f) for obtaining and distributing emergency materials, equipment and supplies; and

(g) for complying with any request of the Government of Canada or Ontario in the event of a nuclear attack.

Fire co-ordinator

(7) The Metropolitan Council shall appoint a metropolitan fire co-ordinator who shall be responsible for the establishment of an emergency fire service plan for the Metropolitan Area, and the Metropolitan Corporation may spend such sums as it considers necessary to implement the plan.

Delegation of approvals or consents

(8) Despite any other provision in this Act, the Metropolitan Council may pass by-laws authorizing the head of the department concerned to grant such of the approvals and consents required by subsection 45 (2), subsection 61 (1), subsection 62 (2) and subsection 80 (2) as are designated in the by-law, and any such by-law may prescribe terms and conditions under which any such approval or consent may be granted.

Application of Charities Accounting Act

(9) The Metropolitan Corporation shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act.

Purchasing or renting machinery

(10) The Metropolitan Corporation is deemed to be and to have always been a municipality for the purposes of section 311 of the Municipal Act.

Delegation of powers of Metropolitan Council

(11) Despite this or any other Act, the Metropolitan Council may, by by-law, authorize the head of a department or other official thereof, subject to such terms and conditions as the by-law specifies, to exercise the powers of the Metropolitan Council under paragraphs 107, 108, 109 and 110 of section 210, subsections 308 (3) and 312 (2) and clauses 312 (4) (a) and (b) of the Municipal Act.

Hearing by Metropolitan Council

(12) Where any applicant, resident or ratepayer objects to the decision or approval of the department head or other official described in subsection (11), the Metropolitan Council shall afford that person an opportunity to be heard and the Metropolitan Council may confirm, rescind, change, alter or vary any such decision or approval. R.S.O. 1990, c. M.62, s. 270 (2-12).

Emergency response services

270.1  The Metropolitan Council and area municipalities may pass by-laws and enter into agreements to establish and operate a centralized communication system either alone or with other persons, municipalities, including regional, district or metropolitan municipalities or the County of Oxford, or local boards to provide emergency response services. 1992, c. 15, s. 55.

Expenses for diffusing information

271.  The Metropolitan Council may expend in any year such sum as it may determine for the purpose of diffusing information respecting the advantages of the municipality as an industrial, business, educational, residential or vacation centre. R.S.O. 1990, c. M.62, s. 271.

Entertainment and travelling expenses

272.  The Metropolitan Council may expend in any year such sum as it may determine for the purposes set out in section 257 of the Municipal Act. R.S.O. 1990, c. M.62, s. 272.

Agreement for emergency call system

273.  (1) The Metropolitan Corporation may enter into an agreement with the Ontario Motor League or any similar organization for the provision and maintenance of an emergency call system on any metropolitan road.

Terms and conditions

(2) An agreement entered into under subsection (1) may be for such period and on such terms and conditions as may be thought proper. R.S.O. 1990, c. M.62, s. 273.

Assumption of costs of fire boat

274.  The Metropolitan Corporation may assume the whole or any part of the capital and operating costs of the fire boat and the marine fire boat station of the City of Toronto. R.S.O. 1990, c. M.62, s. 274.

Undue noise from motor vehicles

275.  The Metropolitan Corporation may pass by-laws prohibiting the driving or operating of motor vehicles in the Metropolitan Area that create undue noise and for the purposes of any such by-law may define the expressions motor vehicles and undue noise. R.S.O. 1990, c. M.62, s. 275.

Payment of damages to employees

276.  Where in an action or by the settlement of a claim arising out of an injury to an employee, including a member of the Metropolitan Police Force, or to any person deemed an employee for the purposes of the Workers’ Compensation Act the Metropolitan Corporation recovers damages from a third person, such damages or any portion thereof may be paid to such employee or person or, in the event of his or her death, to one or more of his or her dependants upon such terms and conditions as the Metropolitan Corporation may impose. R.S.O. 1990, c. M.62, s. 276.

Investigation by judge of charges of malfeasance

277.  (1) Where the Metropolitan Council passes a resolution requesting a judge of the Ontario Court (General Division) to investigate any matter relating to a supposed malfeasance, breach of trust or other misconduct on the part of a member of the Metropolitan Council, or an officer or employee of the Metropolitan Corporation, or of any person having a contract with it, in regard to the duties or obligations of the member, officer, employee or other person to the Metropolitan Corporation, or to inquire into or concerning any matter connected with the good government of the Metropolitan Corporation or the conduct of any part of its public business, including any business conducted by a local board of the Metropolitan Corporation, the judge shall make the inquiry and for that purpose has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the inquiry as if it were an inquiry under that Act, and he or she shall, with all convenient speed, report to the Metropolitan Council the result of the inquiry and the evidence taken.

Engaging counsel

(2) The Metropolitan Council may engage and pay counsel to represent the Metropolitan Corporation, and may pay all proper witness fees to persons summoned to give evidence at the instance of the Metropolitan Corporation, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on such investigation or inquiry, may be represented by counsel. R.S.O. 1990, c. M.62, s. 277.

278.  REPEALED: 1996, c. 32, s. 78 (55).

Entry on highways, etc.

279.  The Metropolitan Corporation for its purposes may enter, break up, dig and trench in, upon and under the highways, lanes and other public communications of any area municipality and may construct and maintain therein pipes, sewers, drains, conduits and other works necessary for its purposes, without making compensation therefor, but all such highways, lanes and other public communications shall be restored to their original condition without unnecessary delay. R.S.O. 1990, c. M.62, s. 279.

Agreements re services

280.  The Metropolitan Corporation and any area municipality may enter into agreements for the use within any part of the Metropolitan Area of the services of their respective officers, employees and equipment. R.S.O. 1990, c. M.62, s. 280.

Joint liability insurance

281.  The Metropolitan Corporation and one or more area municipalities may enter into agreements for obtaining insurance protecting the Metropolitan Corporation, the area municipalities or any of them, their respective local boards, the members of their respective councils and local boards, and officers and employees of such municipal corporations and local boards against risks that may involve loss or liability, and may establish and contribute to a fund in connection with such insurance on such terms and conditions as may be agreed. R.S.O. 1990, c. M.62, s. 281.

Application of Assessment Act

282.  (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the Metropolitan Corporation shall be deemed to be a municipality.

Metropolitan Corporation and area municipalities not deemed tenants

(2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the Metropolitan Corporation is occupied by an area municipality or where property belonging to an area municipality is occupied by the Metropolitan Corporation or another area municipality, the occupant shall be deemed not to be a tenant or lessee, whether rent is paid for such occupation or not.

Definitions

(3) In subsection (2),

“Metropolitan Corporation” and “area municipality” include a local board thereof. R.S.O. 1990, c. M.62, s. 282.

Executions against Metropolitan Corporation

283.  (1) An execution against the Metropolitan Corporation may be endorsed with a direction to the sheriff to levy the amount thereof by rate, and the procedures therein shall then be the following:

1. The sheriff shall deliver a copy of the writ and endorsement to the treasurer of the Metropolitan Corporation, or leave such copy at the office or dwelling place of that officer, with a statement in writing of the sheriff’s fees and of the amount required to satisfy the execution, including the interest calculated to some day as near as is convenient to the day of the service.

2. If the amount with interest thereon from the day mentioned in the statement is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment rolls of all the area municipalities and shall, in like manner as the levies of the Metropolitan Council for general purposes are apportioned among the area municipalities, determine the portion of the amount mentioned in the statement that shall be levied against and in each area municipality.

3. The sheriff shall then in like manner as rates are struck for general municipal purposes within each area municipality strike a rate sufficient in the dollar to cover its share of the amount due from the execution and in determining such amount he or she may make such addition to the same as the sheriff considers sufficient to cover its share of the interest up to the time when the rate will probably be available and his or her own fees and poundage.

4. The sheriff shall thereupon issue a precept under his or her hand and seal of office directed to the collector of the area municipality, and shall annex to the precept the roll of such rate, and shall by the precept, after reciting the writ and that the Metropolitan Corporation has neglected to satisfy the same, and referring to the roll annexed to the precept, command the collector to levy such rate at the time and in the manner by law required in respect of the general annual rates.

5. If, at the time for levying the annual rates next after the receipt of such report, the collector has a general rate roll delivered to him or her for the year, he or she shall add a column thereto, headed “Execution rate in A.B. vs. The Municipality of Metropolitan Toronto” or “Execution rate in A.B. vs. The Municipality of Metropolitan Toronto/Impôt relatif à l’exécution forcée dans l’affaire de A.B. c. La municipalité de la communauté urbaine de Toronto”, adding a similar column for each execution if more than one, and shall insert therein the amount by such precept required to be levied upon each person respectively, and shall levy the amount of such execution rate as aforesaid, and shall, within the time within which he or she is required to make the return of the general annual rate, return to the sheriff the precept with the amount levied thereon.

6. The sheriff shall, after satisfying the execution and all the fees and poundage thereon, pay any surplus, within ten days after receiving the same, to the treasurer of the area municipality.

Functions of clerk, assessors and collectors

(2) The clerk, assessor and collector of each area municipality shall, for all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act with respect to such execution, be deemed to be officers of the court out of which the writ issued, and as such are amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel them to perform the duties imposed upon them. R.S.O. 1990, c. M.62, s. 283.

Conditional powers

284.  The Lieutenant Governor in Council, upon the recommendation of the Municipal Board, may authorize the Metropolitan Corporation to do all such acts or things not specifically provided for in this Act that are considered necessary or advisable to carry out effectively the intent and purposes of this Act. R.S.O. 1990, c. M.62, s. 284.

Conflict with other Acts

285.  (1) This Act applies despite any general or special Act and, in the event of any conflict between this Act and any general or special Act, this Act prevails.

Exception

(2) Despite subsection (1) and section 209, subsection 24(5) of the Building Code Act prevails. R.S.O. 1990, c. M.62, s. 285.

Areas re hydro

286.  (1) Despite anything in the Power Corporation Act or in the Public Utilities Act or in any other special or general Act, the whole of the City of Scarborough, the whole of the City of North York and the whole of the City of Etobicoke shall each be deemed to be an area established under subsection 70 (1) of The Power Commission Act, being chapter 300 of the Revised Statutes of Ontario, 1960, and The Public Utilities Commission of the City of Scarborough, The Hydro-Electric Commission of the City of North York and The Hydro-Electric Commission of the City of Etobicoke shall each be deemed to have been established for the whole of the said respective areas.

Assent of electors

(2) If any of such corporations desire to enter into a contract with Ontario Hydro for the supply of electrical power or energy for the use of the municipality and inhabitants thereof, the assent of the municipal electors is not necessary.

Application of Power Corporation Act

(3) Subject to this section and where not inconsistent therewith, Part II of the Power Corporation Act shall be deemed to apply to each of such commissions and areas. R.S.O. 1990, c. M.62, s. 286.

Municipal buildings

287.  (1) The Metropolitan Corporation or an area municipality or the Metropolitan Corporation and one or more area municipalities,

(a) may acquire land for the purposes of constructing municipal buildings; and

(b) may construct municipal buildings for the use of the Metropolitan Corporation or the Metropolitan Corporation and one or more area municipalities.

Application of Municipal Act

(2) Section 124 of the Municipal Act applies with necessary modifications to any joint undertaking under this section. R.S.O. 1990, c. M.62, s. 287.

Municipal parking lots

288.  (1) The Metropolitan Corporation shall be deemed to be a municipality for the purposes of paragraphs 55 and 56 of section 207 of the Municipal Act.

Agreements authorized

(2) The Metropolitan Corporation and The Corporation of the City of Toronto may enter into an agreement to provide for the operation by The Parking Authority of Toronto of any or all of the parking lots of the Metropolitan Corporation or the parking authority established by the Metropolitan Corporation. R.S.O. 1990, c. M.62, s. 288.

Deemed city

289.  For the purpose of section 128 of the Highway Traffic Act, the Borough of East York shall be deemed to be a city. R.S.O. 1990, c. M.62, s. 289.

SCHEDULE (spent)

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