Ontario Municipal Support Grants Act, R.S.O. 1990, c. O.38

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Ontario Municipal Support Grants Act

R.S.O. 1990, CHAPTER O.38

Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (2), 485 (1).

Amended by: 1991, c. 11, s. 4; 1996, c. 1, Sched. M, ss. 29-32; 1997, c. 5, s. 67; 2001, c. 25, s. 484.

(NOTE: By Order in Council approved July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)

Definitions

1. In this Act,

“lower tier municipality” means a city, town, village, township or improvement district; (“municipalité de palier inférieur”)

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

“regional municipality” means a metropolitan, regional or district municipality as defined in the Act establishing such a municipality and includes the County of Oxford; (“municipalité régionale”) R.S.O. 1990, c. O.38, s. 1; 1996, c. 1, Sched. M, s. 30; 1997, c. 5, s. 67 (1).

Financial assistance

2. (1) In this section and section 3,

“municipality” means,

(a) a local municipality, county, regional, metropolitan and district municipality and the County of Oxford,

(b) a local board, as defined in section 1 of the Municipal Affairs Act, of a municipality described in clause (a),

(c) a band as defined in the Indian Act (Canada),

(d) a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in a territory without municipal organization, and

(e) any other body performing a public function prescribed by the Minister. 1996, c. 1, Sched. M, s. 31.

Grants and loans

(2) The Minister may, upon such conditions as may be considered advisable, make grants and loans and provide other financial assistance to a municipality. 1996, c. 1, Sched. M, s. 31.

Regulations

(3) The Minister may make regulations providing that other bodies performing a public function are municipalities for the purpose of this section. 1996, c. 1, Sched. M, s. 31.

Standards for activities

3. (1) Upon the recommendation of the Solicitor General and Minister of Correctional Services concerning police or fire services, or upon the recommendation of the Minister concerning other matters, the Lieutenant Governor in Council may, if of the opinion that a matter is of provincial significance, make regulations,

(a) establishing standards for activities of municipalities including the provision of services; and

(b) requiring municipalities to comply with the standards when carrying out the activity. 1996, c. 1, Sched. M, s. 31.

Scope

(2) A regulation under this section may be general or specific in its application and may be restricted to those municipalities specified in the regulation. 1996, c. 1, Sched. M, s. 31.

Retroactive

(3) A regulation under this section that is filed during 1996 may be retroactive to a date no earlier than January 1, 1996. 1996, c. 1, Sched. M, s. 31.

Failure to comply

(4) If, in the opinion of the Solicitor General and Minister of Correctional Services concerning police or fire services, or in the opinion of the Minister concerning other matters, a municipality fails to comply with a standard established under this section, the Minister may, by order,

(a) reduce a grant, loan or other financial assistance that the Minister would otherwise have provided to the municipality under this Act;

(b) require a municipality to pay to the Minister an amount not exceeding the total value of grants, loans and other financial assistance provided under this Act to the municipality in the year the municipality failed to comply with the standard;

(c) if a grant, loan or other financial assistance previously provided by the Minister to the municipality under this Act was made subject to conditions, amend the conditions and impose additional conditions; and

(d) if a grant, loan or other financial assistance previously provided by the Minister to the municipality under this Act was not made subject to conditions, impose conditions. 1996, c. 1, Sched. M, s. 31.

Use of money

(5) The Minister shall use the money received from a municipality under clause (4) (b) to remedy the municipality’s failure to comply with the standard but, if the Ministry does not use the money for that purpose, the Minister shall pay the money to the Minister of Finance. 1996, c. 1, Sched. M, s. 31.

4. Repealed: 1996, c. 1, Sched. M, s. 31.

5. Repealed: 1996, c. 1, Sched. M, s. 31.

6. Repealed: 1996, c. 1, Sched. M, s. 31.

Definition

7. (1) For the purposes of this section,

“municipality” means a city, town, village, township, improvement district, county or regional municipality. R.S.O. 1990, c. O.38, s. 7 (1).

Minister may make grants or loans

(2) Where the Minister is of the opinion that property taxes in a municipality are unduly high or have been or may be unduly increased because of,

(a) a substantial loss of revenue previously available to a municipality;

(b) a change in legislation;

(c) an unforeseen commitment imposed on a municipality;

(d) expenditures or anticipated expenditures related to an amalgamation or annexation or to a change in the responsibility for the provision of services; or

(e) circumstances beyond the control of a municipal council and of an unusual or special nature,

the Minister may, by order, make a grant or a loan to the municipality under such terms and conditions as the Minister considers necessary in the circumstances. R.S.O. 1990, c. O.38, s. 7 (2).

Transitional rates

8. Despite this or any other Act, where a lower tier municipality is affected by an annexation or amalgamation, 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 lower tier municipality shall levy, on the whole of the assessment of rateable property according to the last returned assessment roll in any area of the municipality specified in the order, rates of taxation for general purposes which are different from the rates which would have been levied for such purposes but for this section. R.S.O. 1990, c. O.38, s. 8; 1997, c. 5, s. 67 (2).

9. Repealed: 1997, c. 5, s. 67 (3).

10. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

11. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

12. Repealed: 1991, c. 11, s. 4.

13. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

14. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

15. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

16. Repealed: 1996, c. 1, Sched. M, s. 32 (1).

SCHEDULE Repealed: 1996, c. 1, Sched. M, s. 32 (2).

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