Regional Municipalities Act, R.S.O. 1990, c. R.8

Versions

Revoked/spent regulations under this Act

repealed on January 1, 2003

O. Reg. 492/99	TOWN OF PICKERING - ALTERATION OF STATUS
O. Reg. 266/96	EQUALIZATION OF ASSESSMENTS (REGIONAL MUNICIPALITIES OF HALTON, NIAGARA AND WATERLOO) UNDER SECTION 135.3 OF THE ACT
O. Reg. 252/96	RATING BY-LAWS-EXTENSION OF TIME
O. Reg. 275/95	EQUALIZATION OF ASSESSMENTS (HALDIMAND-NORFOLK) UNDER SECTION 135.3 OF THE ACT
O. Reg. 213/95	RATING BY-LAWS-EXTENSION OF TIME
O. Reg. 271/94	EQUALIZATION OF ASSESSMENTS (SUDBURY) UNDER SECTION 135.3 OF THE ACT
O. Reg. 949/93	PROTECTION OF EMPLOYEES
O. Reg. 942/93	WARD REPRESENTATION - TOWN OF AJAX
O. Reg. 113/93	EQUALIZATION OF ASSESSMENTS (OTTAWA-CARLETON) UNDER SUBSECTION 135.3 (1) OF THE ACT

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Regional Municipalities Act

R.S.O. 1990, CHAPTER R.8

Note: This Act was repealed on January 1, 2003.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

Amended by: 1991, c. 3, s. 2; 1991, c. 15, ss. 26-33; 1992, c. 15, ss. 72-84; 1992, c. 23, s. 41; 1993, c. 11, ss. 57-61; 1993, c. 20, s. 5; 1993, c. 27, Sched.; 1994, c. 1, ss. 10-21; 1994, c. 11, s. 392; 1994, c. 17, s. 50; 1994, c. 23, ss. 86-90; 1994, c. 27, s. 143; 1994, c. 37, s. 8.; 1996, c. 1, Sched. M, ss. 34, 35; 1996, c. 32, s. 85; 1996, c. 33, ss. 33-35; 1997, c. 5, s. 69; 1997, c. 6, s. 4; 1997, c. 8, s. 45; 1997, c. 11, s. 4; 1997, c. 14, s. 1; 1997, c. 16, s. 15; 1997, c. 24, s. 227; 1998, c. 18, Sched. B, s. 14; 1999, c. 12, Sched. M, s. 31; 2000, c. 5, s. 21; 2001, c. 9, Sched. J, s. 3; 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.)

SKIP TABLE OF CONTENTS

CONTENTS


1.	Definitions
2.	Application of Act
PART I AREA MUNICIPALITIES
3.	Alteration of status of area municipality
4.	Alteration of wards, etc., by O.M.B.
PART II REGIONAL COUNCIL
5.	Regional Council to exercise corporate powers
6.	Election of chair
7.	First meeting of area councils
8.	Meetings
9.	Vacancies, chair
10.	Committees
11.	Conduct of members
12.	Head of Council
13.	Acting chair
14.	Application
15.	Appointment of clerk
16.	Inspection and copying of minutes, etc.
17.	Appointment of treasurer
18.	Receipt and disbursement of money
19.	Bank accounts
20.	Monthly statement
21.	Appointment of auditors
PART III REGIONAL ROAD SYSTEM
22.	Definitions
23.	Regional road system continued
24.	Plan of construction and maintenance
27.	Road maintenance
28.	Sidewalks excepted
29.	Installation of traffic control devices
30.	Intersection of other roads by regional road
31.	New roads
32.	Powers and liabilities of Regional Corporation
33.	Erection of gasoline pump and advertising device near regional road
34.	By-laws of area municipalities regulating traffic
35.	Agreements for pedestrian walks
36.	Disputes as to maintenance, etc., of bridges and highways
37.	Boundary bridges between area municipalities
38.	Boundary bridges between Regional Area and adjoining municipality
39.	Restrictions
40.	Controlled-access roads
41.	Private roads, etc., opening upon regional controlled-access road
42.	Notice
43.	Regional liability where road forms part of system
44.	Stopping up highways
45.	Application
PART IV REGIONAL WATERWORKS SYSTEM
46.	Supply and distribution of water by Regional Corporation
47.	Fluoridation system
48.	Application
49.	Establishment of waterworks
50.	Construction, etc., of waterworks system
51.	Assumption of works and mains
52.	Existing agreements
53.	Powers of area municipalities restricted
54.	Supply beyond limits of local municipality
55.	Regulation of supply, etc.
56.	Maintenance, management, etc.
57.	Rates
58.	Combined rate
59.	Application
60.	Retail sale prohibited
61.	Books and accounts
62.	Application of revenues
63.	Disposal of property
64.	Temporary shut-offs
65.	Standards for local systems
66.	Appeal
67.	Payment of rates and charges
68.	Transfer of rights over works assumed
69.	Inspection of local works
70.	Reversion where mains no longer required
71.	Use of regional works
PART V REGIONAL SEWAGE WORKS
72.	Application
73.	Definitions
74.	General powers
75.	Construction, etc., of trunk sewage works
76.	Assumption of treatment works
77.	Existing agreements
78.	Powers of area municipalities restricted
79.	Regulation of system, etc.
80.	Imposition of sewer rate
81.	Approval of O.M.B. to undertaking, etc.
82.	Special benefit
83.	Connecting to regional works or watercourses
84.	Standards for local systems
85.	Appeal
86.	Special sewage service rates
87.	Combined rate
88.	Application
89.	Contribution towards cost of separation of combined sewers
90.	Transfer of rights over works assumed
91.	Inspection of local works
92.	Use of regional works
93.	Payment of charges
94.	Disposal of liquid or solid material
95.	Application to certain regional municipalities
PART VI PLANNING
96.	Official plan
PART VII POLICE
102.	Definitions
103.	By-law enforcement
104.	Property to be provided
105.	Rates for expenses of Police Board
106.	Limitation on area municipality
107.	Application
PART VIII FINANCES
108.	Reserve funds of municipalities
109.	Reserve funds, establishment
Temporary Loans
110.	Current borrowings
Debt
111.	Debt
112.	Investment of money
113.	Concurrence of specified number of members of area council
114.	Borrowing pending issue and sale of debentures
115.	Temporary borrowing
116.	Principal and interest payments
117.	Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
118.	Application
119.	Application
120.	Repeal of by-law when part only of money to be raised
121.	Until debt paid certain by-laws cannot be repealed
122.	Offence for neglect of officer to carry out by-law
123.	Money by-laws may be registered
124.	Execution
125.	Debentures on which payment has been made for one year to be valid
126.	Mode of transfer may be prescribed
126.1	Records storage
127.	Replacement of lost debentures
128.	Exchange of debentures
129.	Application of proceeds of debentures
130.	Use of proceeds of sale of asset acquired from proceeds of sale of debentures
131.	Tenders for debentures
132.	Accounts, how to be kept
133.	Application of surplus money
134.	Liability of members
135.	Refinancing of debentures
PART IX GENERAL
136.	Application
137.	Payment of damages to employees
138.	Investigation by judge of charges of malfeasance
140.	Entry on highways, etc.
141.	Agreements re: services
142.	Deemed municipality
143.	Execution against Regional Corporation
144.	Conditional powers
145.	Conflict with other Acts
146.	Municipal buildings
147.	Regional Fire Co-ordinator
147.1	Emergency response services
148.	Existing speed limits continued
PART X WASTE MANAGEMENT
149.	Definitions
150.	By-law re: waste management
151.	Effect of by-law
152.	Appeal to O.M.B.
153.	Transfer of assets, liabilities
154.	Agreements re: waste management
155.	Collection of waste management rates
156.	Designation
157.	Dispute resolution
158.	Regulations
159.	Appointment by Minister
160.	Waste reduction power
FORM 1
FORM 2

Definitions

1. In this Act,

“area municipality” means an area municipality as defined in a Regional Act; (“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 a Regional Council; (“président”)

“day of establishment” means, in respect of any regional municipality, the day on which the area municipalities that form that regional municipality were originally constituted under the relevant Regional Act; (“date de création”)

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

“divided municipality” means a local municipality parts of which were annexed to two or more municipalities to constitute an area municipality under a Regional Act; (“municipalité démembrée”)

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

“land” includes lands, tenements and hereditaments, and any estate or interest therein, and any right or 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, 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 a Regional Corporation or of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”)

“local municipality” means any local municipality or portion thereof that, after the day of establishment, is within a Regional Area; (“municipalité locale”)

“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 110; (“règlement municipal de finance”)

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

“Regional Act” means an Act establishing or continuing one of the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo or York; (“loi régionale”)

“Regional Area” means the area from time to time included within the area municipalities that form a regional municipality; (“secteur régional”)

“Regional Corporation” means the corporation of a regional municipality; (“Municipalité régionale”)

“Regional Council” means the council of a Regional Corporation; (“conseil régional”)

“regional municipality” means the corporation of The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Niagara, The Regional Municipality of Peel, The Regional Municipality of Waterloo or The Regional Municipality of York; (“municipalité régionale”)

“regional road” means a road forming part of a regional road system continued under Part III; (“route régionale”)

“roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. R.8, s. 1; 2000, c. 5, s. 21 (1).

Application of Act

2. Except as otherwise provided herein, all the provisions of this Act apply to each regional municipality. R.S.O. 1990, c. R.8, s. 2.

PART I
AREA MUNICIPALITIES

Alteration of status of area municipality

3. (1) Despite any Act, upon the recommendation of the Minister upon 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

(2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply with necessary modifications, and the provisions of 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. R.8, s. 3.

Alteration of wards, etc., by O.M.B.

4. (1) Upon the application of an area municipality authorized by a by-law of the council thereof, or upon the petition of electors in accordance with section 13 of the Municipal Act, the Municipal Board may, by order,

(a) divide or redivide the area municipality into wards and designate the name or number each ward shall bear and declare the date when the division or redivision shall take effect;

(b) alter or dissolve any or all of the wards in the area municipality and declare the date when such alterations or dissolutions shall take effect; or

provided that,

(d) no order made under this section shall alter the total number of members who represent the area municipality on the Regional Council, as provided for in the relevant Regional Act; and

(e) the mayor of the area municipality shall continue to be elected by a general vote of the electors of the area municipality, and shall be the head of the council of the area municipality, and shall be a member of the Regional Council. R.S.O. 1990, c. R.8, s. 4 (1).

Order of L. G. in C.

(2) The Lieutenant Governor in Council, upon the recommendation of the Minister, may by order authorize such method of selecting the members who represent the area municipality on the Regional Council as is considered advisable following an order of the Municipal Board under subsection (1). R.S.O. 1990, c. R.8, s. 4 (2).

Stay of proceedings pending completion of inquiry

(3) Where the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or the Regional Corporation, the Minister may give notice to the Municipal Board of such inquiry and that in his or her opinion any application or applications and any petition or petitions made under subsection (1) should be deferred until the inquiry has been completed and considered, and thereupon all proceedings in any such application are stayed until the Minister gives notice to the Municipal Board that they may be continued. R.S.O. 1990, c. R.8, s. 4 (3).

(4) Repealed: 2000, c. 5, s. 21 (2).

PART II
REGIONAL COUNCIL

Regional Council to exercise corporate powers

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

Powers exercised by by-law

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

Not to be quashed as unreasonable

(3) A by-law passed by the Regional 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. R.8, s. 5.

Election of chair

6. (1) At the first meeting of the Regional Council after a regular election at which a quorum is present, the Regional Council shall organize as a council and elect as chair one of the members of the Regional Council, or any other person, to hold office for the term of the council and until his or her successor is appointed or elected in accordance with this Act, and at such meeting the clerk shall preside until the chair is elected. R.S.O. 1990, c. R.8, s. 6 (1).

Where chair member of area council

(2) Where a member of the council of an area municipality becomes chair, he or she shall be deemed to have resigned as a member of such council, and his or her seat on such council thereby becomes vacant. R.S.O. 1990, c. R.8, s. 6 (2).

Failure to elect chair

(3) If at the first meeting of the Regional Council after a regular election a chair is not elected, the presiding officer may adjourn the meeting from time to time, 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 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. R.8, s. 6 (3).

Non-application

(4) This section does not apply to the regional municipalities of Halton and Waterloo and subsection (2) does not apply to The Regional Municipality of Niagara. 2000, c. 5, s. 21 (3).

First meeting of area councils

7. (1) 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. R.S.O. 1990, c. R.8, s. 7 (1).

First meeting of Regional Council

(2) The first meeting of the Regional Council after a regular election shall be held after the councils of the area municipalities have held their first meetings under subsection (1), but in any event 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. R.8, s. 7 (2); 1994, c. 23, s. 86.

Certificates of qualification

(3) Where a person is elected or appointed to represent an area municipality as a member of the Regional 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 Regional Corporation the name of each person who has been so elected or appointed, and the person shall not take the seat to which the person has become entitled until the clerk of the Regional Corporation has received such a certificate in respect of that person. R.S.O. 1990, c. R.8, s. 7 (3).

Oath of allegiance, declaration of qualification

(4) The chair, before taking his or her seat, shall take an oath of allegiance in Form 1 and make a declaration of qualification in Form 2 using either the English or the French version of those forms. R.S.O. 1990, c. R.8, s. 7 (4).

Declaration of office

(5) No business shall be proceeded with at the first meeting of the Regional Council until after the declarations of office in the English or French version of Form 3 of the Municipal Act have been made by all members who present themselves for that purpose. R.S.O. 1990, c. R.8, s. 7 (5).

When Regional Council deemed organized

(6) The Regional Council shall be deemed to be organized when the declarations of office have been made by a sufficient number of members to form a quorum as provided for in the relevant Regional Act. R.S.O. 1990, c. R.8, s. 7 (6).

Non-application

(7) Subsection (4) does not apply to The Regional Municipality of Waterloo. 2000, c. 5, s. 21 (4).

Meetings

8. Subject to section 7, all meetings of the Regional Council shall be held within the Regional Area. 1994, c. 23, s. 87.

Vacancies, chair

9. (1) When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, some person 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. R.S.O. 1990, c. R.8, s. 9 (1).

Idem

(2) When a vacancy occurs in the office of a chair who has been elected under subsection 6 (1), the Regional Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who may be one of the members of the Regional Council, or any other person, to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (2).

Idem

(3) If the Regional Council fails to elect a chair within twenty days as required by subsection (2), the Lieutenant Governor in Council may appoint a person as chair to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (3).

Application

(4) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the Regional Council. R.S.O. 1990, c. R.8, s. 9 (4).

Resignation from Regional Council

(5) A member of the Regional Council with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign his or her office and seat in the Council which shall then be vacant, but the member 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. R.S.O. 1990, c. R.8, s. 9 (5).

Where vacancy in Regional Council or area municipality council

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

(a) the seat of a member of the Regional 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 member of the council of an area municipality becomes vacant if the seat of that member on the Regional Council is declared vacant by the Regional Council. R.S.O. 1990, c. R.8, s. 9 (6).

Declaration of vacancy

(7) Where the Regional 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 Regional Council or the area council, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council. R.S.O. 1990, c. R.8, s. 9 (7).

Idem

(8) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the Regional Council or the council of the area municipality, as the case may be, shall forthwith declare the seat of that member on the council to be vacant. R.S.O. 1990, c. R.8, s. 9 (8).

Other members

(9) When a vacancy occurs in the office of a member, other than the chair or the head of the council of an area municipality, the council of the area municipality of which he or she was a member shall by by-law within sixty days after the vacancy occurs appoint a successor, who may be a member of the council or a person who is eligible to be elected a member of the council to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (9).

Where head of council incapacitated

(10) In the event that the head of a council of an area municipality is for any reason unable to fulfil his or her duties as a member of the Regional 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 Regional Council who shall act in the place and stead of the head of council during his or her incapacity, but no such by-law shall have effect for a period longer than one month from its effective date. R.S.O. 1990, c. R.8, s. 9 (10).

Non-application

(11) Subsections (1), (2) and (3) do not apply to the regional municipalities of Halton and Waterloo and subsections (6), (7), (8) and (9) do not apply to The Regional Municipality of Niagara and subsection (9) does not apply to The Regional Municipality of Waterloo. 2000, c. 5, s. 21 (5).

Committees

10. The Regional Council may from time to time establish such standing or other committees and assign to them such duties as it considers expedient. R.S.O. 1990, c. R.8, s. 10.

Conduct of members

11. The Regional Council may pass by-laws governing the conduct of its members. 1994, c. 23, s. 88.

Head of Council

12. (1) The chair is the head of the Regional Council and is the chief executive officer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 12 (1).

Chief administrative officer

(2) The Regional 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 Regional Corporation and perform such duties as the Regional 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 Regional Council by by-law determines. R.S.O. 1990, c. R.8, s. 12 (2); 1992, c. 15, s. 72 (1).

(3) Repealed: 2000, c. 5, s. 21 (6).

(4) Repealed: 1994, c. 1, s. 13 (2).

Acting chair

13. (1) When the chair is absent or refuses to act, or the office is vacant, the Regional Council may by resolution appoint one of its members to act in his or her place and stead and, while so acting, such member has and may exercise all the rights, powers and authority of the chair.

Idem

(2) The Regional Council may by by-law appoint a member of the Regional Council to act from time to time in the place and stead of the chair when the chair is absent from the Regional Area or absent through illness or his or her office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the chair. R.S.O. 1990, c. R.8, s. 13.

Application

14. (1) Sections 57, 58, 59, 61, 127, 134 to 138, 242, 243, 244 to 248, 251, 252, 253 and 254 of the Municipal Act apply with necessary modifications to the Regional Corporation.

Idem

(2) Sections 55, 62 and 106 of the Municipal Act apply with necessary modifications to the Regional Council and to every local board of the Regional Corporation. R.S.O. 1990, c. R.8, s. 14.

Appointment of clerk

15. (1) The Regional Council shall appoint a clerk whose duty it is,

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

(b) if required by any member present, to record the name and vote of every member voting on any matter or question;

(c) to keep in the clerk’s office, or in the place appointed for that purpose, the originals of all by-laws and of all minutes of the proceedings of the Regional Council and its committees; and

(d) to perform such other duties as may be assigned to him or her by the Regional Council.

Deputy clerk

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

Acting clerk

(3) When the office of the clerk is vacant or the clerk is unable to carry on his or her duties, through illness or otherwise, the Regional Council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk.

Application, Niagara, York

(4) This section, as it applies to the regional municipalities of Niagara and York, shall be read as though the reference to the appointment of “a clerk” were a reference to the appointment of “an officer” and the officer so appointed shall be deemed in each case to be the clerk of the Regional Corporation for the purposes of every Act, including this Act. R.S.O. 1990, c. R.8, s. 15.

Inspection and copying of minutes, etc.

16. (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 15 and the minutes and proceedings of any committee of the Regional 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 the clerk’s hand and the seal of the Regional Corporation, to any applicant on payment at such rate as the Regional Council may by by-law establish. R.S.O. 1990, c. R.8, s. 16 (1); 1992, c. 15, s. 73.

Index of by-laws affecting land

(2) The clerk shall keep an index book in which he or she shall enter the number and date of all by-laws passed by the Regional Council that affect land or the use thereof in the Regional Area but do not directly affect the title to land. R.S.O. 1990, c. R.8, s. 16 (2).

Copies certified by clerk to be receivable in evidence

(3) 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 Regional 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. R.8, s. 16 (3).

Appointment of treasurer

17. (1) The Regional Council shall appoint a treasurer to undertake the duties of a treasurer and such treasurer shall keep the books, records and accounts, and prepare the annual financial statements of the Regional Corporation and preserve and file all accounts of the Regional Corporation, and shall perform such other duties as may be assigned to him or her by the Regional Council.

Deputy treasurer

(2) The Regional 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 Regional Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer.

Application, Niagara, York

(4) This section, as it applies to the regional municipalities of Niagara and York, shall be read as though the reference to the appointment of a “treasurer” were a reference to the appointment of a “financial officer” and the financial officer so appointed shall be deemed in each case to be the treasurer of the Regional Corporation for the purposes of every Act, including this Act. R.S.O. 1990, c. R.8, s. 17.

Receipt and disbursement of money

18. (1) The treasurer shall receive and safely keep all money of the Regional Corporation, and shall pay out money to such persons and in such manner as the law in force in Ontario and the by-laws or resolutions of the Regional 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 Regional Council.

Signing of cheques

(2) Despite subsection (1), the Regional Council may by by-law,

(a) designate one or more persons to sign cheques in lieu of the treasurer; and

(b) provide that the signature of the treasurer and of any other person authorized to sign cheques may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques.

Petty cash fund

(3) The Regional Council may by by-law provide that the treasurer may establish and maintain a petty cash fund of an amount of money sufficient to make change and to pay small accounts, subject to such terms and conditions as the by-law may provide.

Treasurer’s liability limited

(4) The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the Regional Council, unless another disposition of it is expressly provided for by statute. R.S.O. 1990, c. R.8, s. 18.

Bank accounts

19. (1) Subject to subsection 18 (3), the treasurer shall,

(a) open an account or accounts in the name of the Regional Corporation at such place of deposit as may be approved by the Regional Council;

(b) deposit all money received by the treasurer on account of the Regional Corporation, and no other money, to the credit of such account or accounts, and no other accounts; and

(c) keep the money of the Regional Corporation entirely separate from the treasurer’s own money and from that of any other person.

No variance

(2) Despite subsection 18 (1), the Regional Council shall not by by-law or resolution direct any variance from the provisions of this section, nor shall the treasurer vary from such provisions. R.S.O. 1990, c. R.8, s. 19.

Monthly statement

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

Notice to sureties

(2) Where the treasurer is removed from office or absconds, the Regional Council shall forthwith give notice to the treasurer’s sureties. R.S.O. 1990, c. R.8, s. 20.

Appointment of auditors

21. (1) The Regional 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 Regional Corporation and of every local board of the Regional Corporation, except school boards. 1991, c. 15, s. 27.

Cost of audit

(2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the Regional 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. R.S.O. 1990, c. R.8, s. 21 (2).

Disqualification of auditors

(3) No person shall be appointed as an auditor of the Regional Corporation who is or during the preceding year was a member of the Regional Council or of the council of an area municipality or of any local board the accounts and transactions of which it would as auditor be his or her duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the Regional Corporation or an area municipality or any such local board, or any employment with any of them other than for services within the auditor’s professional capacity. R.S.O. 1990, c. R.8, s. 21 (3).

Duties of auditors

(4) An auditor shall perform such duties as are prescribed by the Ministry, and also such duties as may be required by the Regional Council or any local board of the Regional Corporation that do not conflict with the duties prescribed by the Ministry. R.S.O. 1990, c. R.8, s. 21 (4).

Exception re: audited accounts

(5) In the case of the regional municipalities of Niagara and York, the Regional Council of each may provide that all accounts of the Regional Corporation and every local board shall be audited before payment. R.S.O. 1990, c. R.8, s. 21 (5); 2000, c. 5, s. 21 (7).

PART III
REGIONAL ROAD SYSTEM

Definitions

22. In this Part,

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

“construction” includes reconstruction; (“construction”)

“maintenance” includes repair; (“entretien”)

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

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

“road authority” means a body having jurisdiction and control of a highway. (“office de la voirie”) R.S.O. 1990, c. R.8, s. 22.

Regional road system continued

23. (1) The regional road system of a regional municipality, as the system 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. R.8, s. 23 (1).

Adding or removing roads by by-laws

(2) The Regional Council may by by-law from time to time add roads to or remove roads from the regional road system, including such boundary line roads or portions thereof between the Regional Area and an adjoining municipality, including a county, regional or metropolitan municipality as may be agreed upon between the Regional Council and the council of such adjoining municipality. R.S.O. 1990, c. R.8, s. 23 (2).

Transfer of provincial highway to Regional Corporation

(3) The Minister may transfer any highway under the jurisdiction and control of the Ministry within the Regional Area to the Regional Corporation and the highway shall for all purposes be deemed to be part of the regional road system on such date as is designated by the Minister and to have been transferred under section 29 of the Public Transportation and Highway Improvement Act. R.S.O. 1990, c. R.8, s. 23 (3); 1994, c. 27, s. 143 (1).

Vesting of roads in regional road system

(4) Where a road or part thereof forms part of the regional road system, jurisdiction and control and the soil and freehold thereof are vested in the Regional Corporation. R.S.O. 1990, c. R.8, s. 23 (4).

Removal of roads from regional road system

(5) The Minister may remove any road from the regional road system. R.S.O. 1990, c. R.8, s. 23 (5); 1994, c. 27, s. 143 (2).

Roads removed from system

(6) Where a road or a part thereof is removed from the regional road system, except by reason of it being stopped-up under subsection 32 (1), such road or part is thereupon transferred to and the jurisdiction and control and the soil and freehold thereof is thereupon vested in the area municipality in which it is situate, and the area municipality may sue upon any rights or under any agreements or by-laws in the same manner and to the same extent as the Regional Corporation in respect of such road. R.S.O. 1990, c. R.8, s. 23 (6).

Status of land acquired for widening regional road

(7) Despite subsection (10), where the Regional Corporation acquires land for the purpose of widening a regional road, the land so acquired, to the extent of the designated widening, forms part of the road and is included in the regional road system. R.S.O. 1990, c. R.8, s. 23 (7).

Idem

(8) When land abutting on a regional road is dedicated for, or apparently for, widening the regional road, the land so dedicated is part of the regional road and the jurisdiction and control and the soil and freehold thereof is vested in the Regional Corporation subject to any rights in the soil reserved by the person who dedicated the land. R.S.O. 1990, c. R.8, s. 23 (8).

Consolidating by-law

(9) The Regional Council shall from time to time pass a by-law consolidating all by-laws relating to the regional road system. R.S.O. 1990, c. R.8, s. 23 (9).

(10) Repealed: 1996, c. 33, s. 33.

Non-application

(11) The Regulations Act does not apply to an order in council made under this section. R.S.O. 1990, c. R.8, s. 23 (11).

Exception

(12) Subsection (7) does not apply to the regional municipalities of Niagara and York. 2000, c. 5, s. 21 (8).

Plan of construction and maintenance

24. The Regional Council shall adopt a plan of road construction and maintenance, and from time to time thereafter shall adopt such other plans as may be necessary. R.S.O. 1990, c. R.8, s. 24.

25. Repealed: 1996, c. 33, s. 34.

26. Repealed: 1996, c. 33, s. 34.

Road maintenance

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

Defence

(1.1) The Regional Corporation is not liable under subsection (1) 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

(1.2) The Regional Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(1.3) The Regional Corporation is not liable under subsection (1) 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. 85 (1).

(2) Repealed: 1996, c. 33, s. 34.

(3) Repealed: 1996, c. 33, s. 34.

Sidewalks excepted

28. (1) The Regional Corporation is not by reason of a road forming part of the regional road system under this Act liable for the construction or maintenance of sidewalks on any road or portion thereof in the regional road system, but the area municipality in which such sidewalks are located continues to be liable for the maintenance 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) An area municipality may construct a sidewalk, storm sewer or other improvement or service on a regional road, and the Regional Corporation may contribute to the cost of such sidewalk, storm sewer, improvement or service, but no such work shall be undertaken by an area municipality without first obtaining the approval of the Regional Council expressed by resolution.

How cost provided

(3) The cost of any such sidewalk, storm sewer, improvement or service constructed on a regional road may be met out of the general funds of the area municipality or the work may be undertaken in whole or in part 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 such a sidewalk, storm sewer, improvement or service on a regional road shall conform to any requirements or conditions imposed by the Regional Council and is responsible for any injury or damage arising from the construction or presence of the sidewalk, storm sewer, improvement or service on the road. R.S.O. 1990, c. R.8, s. 28 (1-4).

(5) Repealed: 1996, c. 33, s. 34.

Installation of traffic control devices

29. (1) The Regional Corporation may construct, install, maintain or remove any works on a highway, other than a road under the jurisdiction and control of the Ministry, including traffic control devices, for the purpose of altering or regulating the flow of traffic upon entering or leaving a road in the regional road system. R.S.O. 1990, c. R.8, s. 29 (1).

Relocation of intersecting roads

(2) The Regional Corporation may relocate, alter or divert any public road, other than a road under the jurisdiction and control of the Ministry, entering or touching upon or giving access to a road in the regional road system. R.S.O. 1990, c. R.8, s. 29 (2).

Approval

(3) No road shall be relocated, altered or diverted under subsection (2) without the approval of the area municipality in which the road is located, which approval may be granted upon such terms and conditions as may be agreed upon, or failing such approval or agreement, the approval of the Municipal Board. R.S.O. 1990, c. R.8, s. 29 (3).

Hearing, etc.

(4) The Municipal Board, before giving its approval under subsection (3) shall hold a public hearing and shall give or cause to be given at least ten days notice of the hearing to the clerk of the area municipality concerned and to such other persons in such manner as the Municipal Board may direct and the Municipal Board, as a condition to giving any such approval, may by its order impose such restrictions, limitations and conditions respecting the relocation, alteration or diversion of such road as to the Municipal Board may appear necessary or expedient. R.S.O. 1990, c. R.8, s. 29 (4).

Idem

(5) Where, in relocating, altering or diverting a public road under subsection (2), the Regional Corporation constructs a new road in lieu of the public road, the Regional Corporation may close the public road at the point of intersection with the regional road and may, by by-law vest the new road and the soil and freehold and jurisdiction and control thereof in the area municipality in which it is situate. R.S.O. 1990, c. R.8, s. 29 (5).

Construction of sidewalk, etc., on area municipality road

(6) Where the Regional Corporation constructs a sidewalk, storm sewer, improvement or service on a road under the jurisdiction and control of an area municipality, the area municipality may contribute to the cost of such sidewalk, storm sewer, improvement or service and the work may be undertaken in whole or in part under the Local Improvement Act. R.S.O. 1990, c. R.8, s. 29 (6).

Application

(7) Subsections (3) and (4) apply only to The Regional Municipality of Niagara. 2000, c. 5, s. 21 (9).

Exception

(8) Subsection (5) does not apply to The Regional Municipality of Niagara. R.S.O. 1990, c. R.8, s. 29 (8).

Intersection of other roads by regional road

30. Where a regional road intersects a road that is under the jurisdiction and control of an area municipality, the continuation of the regional road to its full width across the road so intersected is a part of the regional road system. R.S.O. 1990, c. R.8, s. 30.

New roads

31. (1) The Regional Council may pass by-laws for establishing and laying out new roads and adding such new roads to the regional road system, and the provisions of the Municipal Act in respect of the establishment and laying out of highways by municipalities apply with necessary modifications. R.S.O. 1990, c. R.8, s. 31 (1).

(2) Repealed: 1996, c. 33, s. 34.

Powers and liabilities of Regional Corporation

32. (1) In respect of the roads in the regional road system and the regulation of traffic thereon, the Regional Corporation has all the powers conferred, and is subject to all the liabilities imposed, upon the council or corporation of a city by the Municipal Act, the Highway Traffic Act and any other Act in respect of highways.

Establishment of bus lanes, etc.

(2) The Regional 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 motor 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.

Definition

(3) For the purposes of subsection (2),

“public transit motor vehicle” means any motor vehicle operated by, for or on behalf of the Regional Corporation or any other municipality, including a metropolitan or regional municipality, or by a transit commission, in connection with a regular passenger transportation service and includes such other motor vehicles operated in connection with a regular passenger transportation service as may be specified in the by-law. R.S.O. 1990, c. R.8, s. 32.

Erection of gasoline pump and advertising device near regional road

33. (1) The Regional Council may by by-law prohibit or regulate the placing or erecting of,

(a) any gasoline pump within forty-five metres of any limit of a regional road;

(b) any sign, notice or advertising device within 400 metres of any limit of a regional road.

Permits

(2) A by-law passed under this section may provide for the issuing of permits for the placing or erecting of any gasoline pump, sign, notice or advertising device and may prescribe the form, terms and conditions thereof and the fees to be paid therefor. R.S.O. 1990, c. R.8, s. 33.

By-laws of area municipalities regulating traffic

34. (1) No by-law passed by an area municipality for the regulation of traffic on a highway under the jurisdiction and control of the area municipality, except a by-law for the regulation of parking, shall come into force unless it has been approved by the Regional Council. R.S.O. 1990, c. R.8, s. 34 (1).

Exceptions

(2) Subsection (1) does not apply to a by-law for which the Regional Council has provided under subsection (3) that its approval is not required. R.S.O. 1990, c. R.8, s. 34 (2).

Exceptions

(3) The Regional Council may pass by-laws to provide that such by-laws regulating traffic, or such class or classes thereof, as are specified in the by-law of the Regional Council and as may be passed by such one or more area municipalities as are specified in the by-law of the Regional Council do not require the approval of the Regional Council or alternatively do not require the approval of the Regional Council if such terms and conditions as the Regional Council may specify in its by-law are complied with. R.S.O. 1990, c. R.8, s. 34 (3).

Notice of amendment or repeal

(4) Where a by-law of the Regional Council passed under subsection (3) is repealed or amended, the clerk of the Regional Corporation shall forthwith send a notice of the amendment or repeal by registered mail to the clerk of each area municipality affected by the repeal or amendment. R.S.O. 1990, c. R.8, s. 34 (4).

By-laws not affected

(5) The repeal or amendment of a by-law passed by the Regional Council under subsection (3) does not affect the validity of a by-law for regulating traffic passed by the council of an area municipality while an exemption under that subsection was in effect and the by-law of the area municipality continues in force until it is amended or repealed. R.S.O. 1990, c. R.8, s. 34 (5).

Regional Council may approve by-law in whole or in part

(6) A by-law submitted for approval of the Regional Council in compliance with subsection (1) may be approved in whole or in part and, where part of a by-law is approved only, that part only shall become operative. R.S.O. 1990, c. R.8, s. 34 (6).

Withdrawal of approval

(7) The Regional Council may withdraw its approval to any by-law or any part thereof by notice sent by registered mail to the clerk of the area municipality and such by-law or part thereof shall be deemed to be repealed twenty-one days after the sending of the notice. R.S.O. 1990, c. R.8, s. 34 (7).

Signal-light devices

(8) All signal-light traffic control devices heretofore or hereafter erected on a highway under the jurisdiction and control of an area municipality shall be operated, or erected and operated, in the manner prescribed by by-law of the Regional Council, and the Regional Council may delegate any of its powers in respect of the operation of such devices to an officer of the Regional Corporation designated in the by-law. R.S.O. 1990, c. R.8, s. 34 (8).

Contributions toward costs of signal-lights

(9) The Regional Corporation may contribute toward the cost of the erection of signal-light traffic control devices erected by an area municipality. R.S.O. 1990, c. R.8, s. 34 (9).

Traffic control within thirty metres of regional roads

(10) Subject to the Highway Traffic Act, the Regional Council may pass by-laws to regulate traffic on any highway under the jurisdiction and control of an area municipality for a distance of thirty metres on either side of the limit of a regional road, and, where there is any conflict between such a by-law and a by-law of an area municipality, the by-law passed under this subsection prevails to the extent of such conflict. R.S.O. 1990, c. R.8, s. 34 (10).

(11) Repealed: 2000, c. 5, s. 21 (10).

(12) Repealed: 2000, c. 5, s. 21 (10).

Application

(13) Subsections (2), (3), (4) and (5) apply only to the regional municipalities of Halton, Niagara, Peel, Waterloo and York. 2000, c. 5, s. 21 (11); 2001, c. 9, Sched. J, s. 3.

Agreements for pedestrian walks

35. (1) The Regional Council may by by-law authorize agreements between the Regional 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 consideration and upon such terms and conditions as may be agreed. R.S.O. 1990, c. R.8, s. 35 (1).

Agreements respecting buildings, etc., above or beneath regional roads

(2) The Regional Council may by by-law authorize agreements between the Regional Corporation and the owners or lessees of land abutting on a highway under the jurisdiction and control of the Regional Corporation for the construction, maintenance and use of buildings, structures or parts thereof, over, across or under the highway upon such terms and conditions as may be agreed and for leasing or licensing the use of the air space over the highway or the lands under the highway to such persons and for such consideration and upon such terms and conditions as may be agreed. R.S.O. 1990, c. R.8, s. 35 (2).

Approval of Minister of Transportation

(3) An agreement made under subsection (2) that affects a highway or a highway right of way that is a connecting link, within the meaning of section 21 of the Public Transportation and Highway Improvement Act, shall have no effect until approved by the Minister. R.S.O. 1990, c. R.8, s. 35 (3).

Agreements for pedestrian walks

(4) The Regional Council may by by-law authorize agreements between the Regional Corporation and the owners or lessees of land abutting on a regional road for the construction, maintenance and use of walks for pedestrians over, across or under the road 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 regional road within those portions of an area municipality in which land may be used for commercial or industrial purposes, for such consideration and upon such terms and conditions as may be agreed. R.S.O. 1990, c. R.8, s. 35 (4).

Use of untravelled portions of regional roads for parking

(5) The Regional Council may by by-law empower the council of any area municipality to lease or license the use of untravelled surface portions of regional roads within those portions of the area municipality zoned for commercial or industrial purposes to the owners or occupants of property abutting on such roads to be used solely for the parking of vehicles. R.S.O. 1990, c. R.8, s. 35 (5).

Application

(6) Subsections (2) and (3) apply only to The Regional Municipality of Waterloo. 2000, c. 5, s. 21 (12).

Idem

(7) Subsection (4) applies only to The Regional Municipality of York and subsection (1) does not apply to that regional municipality. R.S.O. 1990, c. R.8, s. 35 (7).

Same

(8) Subsection (5) applies only to The Regional Municipality of Niagara. 2000, c. 5, s. 21 (13).

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

36. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the Regional Area and an adjoining municipality, including a metropolitan or regional municipality, where such bridge or highway is included in the regional road system and in the road system of the municipality.

Idem

(2) Where there is a difference between the Regional Council and the council of a municipality, including a metropolitan or regional municipality, in respect of any such bridge or highway as to the corporation upon which the obligation rests for the constructing or maintaining of the bridge or highway, or as to the proportions in which the corporations should respectively contribute thereto, or where the Regional Council and the council of the municipality 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 Regional Corporation or the corporation of the municipality.

Hearing by O.M.B.

(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 of the Regional Corporation, 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 respect of the same as it may consider just and proper, and may by the order fix and determine the amount or proportion that each municipality shall pay or contribute toward the building and maintaining 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. R.8, s. 36.

Boundary bridges between area municipalities

37. 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 regional road system. R.S.O. 1990, c. R.8, s. 37.

Boundary bridges between Regional Area and adjoining municipality

38. 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 Regional Area and an adjoining municipality, and the councils of the area municipality and the adjoining local municipality on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the regional road system. R.S.O. 1990, c. R.8, s. 38.

Restrictions

39. (1) The Regional Council has, in respect of all land lying within a distance of forty-five metres from any limit of a regional road, all the powers conferred on the council of a local municipality by section 34 of the Planning Act. R.S.O. 1990, c. R.8, s. 39 (1).

Conflict with local by-laws

(2) In the event of conflict between a by-law passed under subsection (1) by the Regional Council and a by-law passed under section 34 of the Planning Act or a predecessor of such section by the council of a local municipality that is in force in the area municipality in which the land is situate, the by-law passed by the Regional Council prevails to the extent of such conflict. R.S.O. 1990, c. R.8, s. 39 (2).

(3) Repealed: 2000, c. 5, s. 21 (14).

Controlled-access roads

40. (1) The Regional Council may by by-law designate any road in the regional road system, or any portion thereof, as a controlled-access road. R.S.O. 1990, c. R.8, s. 40 (1).

Closing municipal roads

(2) Subject to the approval of the Municipal Board, the Regional Council may by by-law close any municipal road that intersects or runs into a regional controlled-access road. R.S.O. 1990, c. R.8, s. 40 (2).

Notice of application for approval for 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 time, in such manner and to such persons as the Municipal Board may determine, and may further direct that particulars of objections to the closing shall be filed with the Municipal Board and the Regional Corporation within such time as the Municipal Board shall direct. R.S.O. 1990, c. R.8, s. 40 (3).

Order of O.M.B.

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

(c) providing for the doing of such other acts as in the circumstances it considers proper. R.S.O. 1990, c. R.8, s. 40 (4).

Closing road

(5) Upon the approval of the Municipal Board being so obtained but subject to the order of the Municipal Board made on the application for such approval, the Regional Corporation may do all such acts as may be necessary to close the road in respect of which the application is made. R.S.O. 1990, c. R.8, s. 40 (5).

Appeal

(6) The Regional Corporation, or any person including an area municipality, that has filed particulars of an objection may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (4). R.S.O. 1990, c. R.8, s. 40 (6).

Time for appeal

(7) 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 court as to vacations. R.S.O. 1990, c. R.8, s. 40 (7).

Closing road

(8) Where, at any time after making application for the approval of the Municipal Board of the closing of a road, the Regional Corporation discontinues its application or, having obtained such approval, does not proceed with the closing of the road, the Municipal Board may, upon the application of any person whose land would be injuriously affected by the closing of the road and who has appeared upon such application for approval, make such order as to costs against the Regional Corporation as it considers proper and may fix the amount of such costs. R.S.O. 1990, c. R.8, s. 40 (8).

Appeal

(9) Any person who claims to be injuriously affected by the closing of a road may, by leave of the Divisional Court, appeal to that court from any order of the Municipal Board approving the closing of such road, and the Regional Corporation may, upon like leave, appeal from any order of the Municipal Board made on an application under this section. R.S.O. 1990, c. R.8, s. 40 (9).

Leave to appeal

(10) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court may consider just. R.S.O. 1990, c. R.8, s. 40 (10).

Practice and procedure on appeal

(11) 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. R.S.O. 1990, c. R.8, s. 40 (11).

Non-application

(12) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. R.8, s. 40 (12).

Application

(13) Subsections (8) and (9) apply only to The Regional Municipality of York and subsections (6) and (7) do not apply to that regional municipality. 2000, c. 5, s. 21 (15).

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

41. The Regional Council 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 regional controlled-access road. R.S.O. 1990, c. R.8, s. 41.

Notice

42. (1) The Regional 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 regional controlled-access road in contravention of a by-law passed under section 41.

Service of notice

(2) Every notice given under subsection (1) 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 fifth day following the mailing thereof.

Failure to comply with notice

(3) Where the person to whom notice is given under subsection (1) fails to comply with the notice within thirty days after its receipt, the Regional Council may by resolution direct any officer, employee or agent of the Regional Corporation 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

(4) Every person who fails to comply with a notice given under subsection (1) is guilty of an offence.

Compensation

(5) Where a notice given under subsection (1) has been complied with, no compensation is payable to the owner of the land unless the private road, entranceway, gate or other structure or facility constructed or used as a means of access to a controlled-access road designated under subsection 40 (1) was constructed or used, as the case may be,

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

(b) in compliance with a by-law passed under section 41, in which case the making of compensation is subject to any provisions of the by-law. R.S.O. 1990, c. R.8, s. 42.

Regional liability where road forms part of system

43. (1) Subject to subsection (2), no area municipality shall have any right to compensation or damages for any road forming part of the regional road system.

Idem

(2) Where a road forms part of the regional road system, the Regional Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of such road, but nothing in this subsection requires the Regional 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

(3) Where the Regional Corporation fails to make any payment required by subsection (2) on or before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt in respect of the road forming part of the regional road system, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. R.8, s. 43.

Stopping up highways

44. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall so notify the Regional Corporation by registered mail or personal service. R.S.O. 1990, c. R.8, s. 44 (1); 1991, c. 15, s. 28 (1).

Agreement

(2) If the Regional Council objects to such stopping up, it shall notify the council of the area municipality by registered mail or personal service within sixty days of the receipt of the notice required under subsection (1) and the highway or part thereof shall not be stopped up except by agreement between the area municipality and the Regional Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. R.8, s. 44 (2); 1991, c. 15, s. 28 (2).

Where Regional Council gives notice of no objection

(3) Where the Regional Council notifies the council of the area municipality that the Regional Council does not object to the stopping up, the Regional Council shall have no further right to object under subsection (2) and the council of the area municipality may proceed to pass a by-law for the stopping up of the highway or part thereof concerned. R.S.O. 1990, c. R.8, s. 44 (3).

Approval required to intersect regional 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 regional road system without the prior written approval of the Regional Corporation. R.S.O. 1990, c. R.8, s. 44 (4).

Application

(5) Subsection (3) applies only to The Regional Municipality of Halton. 2000, c. 5, s. 21 (16).

Application

45. (1) Sections 102, 104 and 107 of the Public Transportation and Highway Improvement Act apply with necessary modifications in respect of any road in the regional road system. R.S.O. 1990, c. R.8, s. 45 (1); 1996, c. 33, s. 35 (1).

(2) Repealed: 1996, c. 33, s. 35 (2).

PART IV
REGIONAL WATERWORKS SYSTEM

Supply and distribution of water by Regional Corporation

46. (1) The Regional Corporation has the sole responsibility for the supply and distribution of water in the Regional Area, including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof and all the provisions of any general Act relating to such supply and distribution of water and the financing thereof by a municipal corporation or a local board thereof and all of the provisions of any special Act relating to such supply and distribution of water and the financing thereof by an area municipality or a local board thereof, apply with necessary modifications to the Regional Corporation, except the power to establish a public utilities commission. R.S.O. 1990, c. R.8, s. 46 (1).

Method of financing

(2) The Regional Corporation may finance the whole or any part of the cost and debt charges of such supply and distribution of water by establishing one or more urban service areas and raising the money required by imposing a rate or rates in such area or areas or may raise the money required by any other method or methods authorized by law or by any combination thereof. R.S.O. 1990, c. R.8, s. 46 (2).

Preparation of special assessment rolls and collection of special assessments

(3) If the Regional Corporation proceeds under the Local Improvement Act, or any other Act involving the use of a collector’s roll, an area municipality shall provide all information requested by the Regional Corporation for the purpose of the preparation of the special assessment rolls, and the clerk of the Regional Corporation, after certifying the special assessment rolls, shall forward the same to the treasurer of the area municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 46 (3).

Regional Corporation may require area municipality to collect money

(4) Where the Regional Corporation does not proceed under the Local Improvement Act or under section 221 of the Municipal Act, the Regional Corporation may require any area municipality to collect the sums required for financing such supply and distribution of water either by a general rate in the area municipality or by a special rate on an urban service area within such area municipality and such special rate does not require the approval of the Municipal Board. R.S.O. 1990, c. R.8, s. 46 (4).

Approval of O.M.B. to undertaking, etc.

(5) Despite any general or special Act, the Municipal Board may hear and determine any application by the Regional Corporation for approval of any undertaking, work, project or scheme relating to such supply and distribution of water without having regard to the methods by which the Regional Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought. R.S.O. 1990, c. R.8, s. 46 (5).

Powers of O.M.B.

(6) Where application is made to the Municipal Board for its approval of the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (5) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered. R.S.O. 1990, c. R.8, s. 46 (6).

Area municipalities, no power to supply and distribute water

(7) Subject to subsection (13), no area municipality shall have or exercise any powers under any Act for such supply and distribution of water, or the financing thereof. R.S.O. 1990, c. R.8, s. 46 (7).

Vesting of property in Regional Corporation

(8) All waterworks, supply systems, meters, mechanical equipment and all real and personal property of any nature whatsoever used solely for the purpose of the supply and distribution of water and all other assets, liabilities and surpluses or deficits, including reserves, of the local municipalities relating to any facility for such supply and distribution of water in the Regional Area or for any area municipality is vested in the Regional Corporation and no compensation or damages is payable to any area municipality in respect thereof. R.S.O. 1990, c. R.8, s. 46 (8).

Payments of principal and interest to area municipalities

(9) The Regional Corporation shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the Regional Corporation under subsection (8), but nothing in this subsection requires the Regional 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. R.S.O. 1990, c. R.8, s. 46 (9).

Default

(10) If the Regional Corporation fails to make any payment or portion thereof as required by subsection (9), the area municipality may charge the Regional Corporation interest thereon at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.8, s. 46 (10).

Agreements

(11) In respect of any agreements entered into by any municipality or local board thereof in the Regional Area respecting such supply and distribution of water, the Regional Corporation shall stand in the place and stead of such municipality or local board for all purposes of any such agreement. R.S.O. 1990, c. R.8, s. 46 (11).

Idem

(12) The Regional Corporation may enter into agreements with the corporation of any adjoining municipality, including a regional, district or metropolitan municipality, in respect of the matters provided for in this section. R.S.O. 1990, c. R.8, s. 46 (12).

Idem

(13) The Regional Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of the cost of the supply and distribution of water. R.S.O. 1990, c. R.8, s. 46 (13).

Entry by clerk on collector’s roll

(14) The clerk of an area municipality shall, on notice to him or her by the treasurer of the Regional Corporation of an amount due in respect of the supply of water and by whom it is due and the lands on which a lien is claimed, enter the amount due upon the collector’s roll of the area municipality and section 31 of the Public Utilities Act applies and the money collected shall be forwarded to the treasurer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 46 (14).

Existing urban service areas

(15) All urban service areas as they existed immediately prior to the day of establishment pertaining to the purposes of this section, in an area municipality continue until such time as the Regional Council otherwise determines. R.S.O. 1990, c. R.8, s. 46 (15).

Application

(16) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Corporation in the imposition of a rate under subsection (2) or (4). R.S.O. 1990, c. R.8, s. 46 (16).

Idem

(17) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Corporation in respect of the imposition of a rate under subsection (2) and to an area municipality in respect of the imposition of a rate under subsection (4). R.S.O. 1990, c. R.8, s. 46 (17).

Exception

(18) Subsections (1) to (4) and (7) to (17) do not apply to the regional municipalities of Niagara, Waterloo and York. 2000, c. 5, s. 21 (17).

(19) Repealed: 2000, c. 5, s. 21 (17).

(20) Repealed: 2000, c. 5, s. 21 (17).

Fluoridation system

47. (1) The Regional Council may by by-law establish, maintain and operate or discontinue fluoridation systems, as defined in section 1 of the Fluoridation Act.

Non-application

(2) The Fluoridation Act does not apply to any area municipality.

Regulations

(3) For the purposes of section 9 of the Fluoridation Act, fluoridation systems established under this section shall be deemed to be fluoridation systems established under that Act.

Continuation of fluoridation of water supply in area

(4) Although a by-law has not been passed under subsection (1), the Regional Corporation may continue to fluoridate the water supply of those areas in the Regional Area to which it was supplying fluoridated water immediately before the 29th day of June, 1987. R.S.O. 1990, c. R.8, s. 47.

Application

48. Sections 49 to 71 apply only to the regional municipalities of Niagara, Waterloo and York. R.S.O. 1990, c. R.8, s. 48.

Establishment of waterworks

49. (1) For the purpose of supplying to the area municipalities water for the use of the area municipalities and their inhabitants, the Regional Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon any local municipality or local board thereof within the Regional Area, respecting the supply of water and the establishment, construction, maintenance, operation, improvement and extension of a waterworks system.

Waterworks utilities commission prohibited

(2) The Regional Corporation shall not entrust the construction or the control and management of the regional waterworks system to a public utilities commission. R.S.O. 1990, c. R.8, s. 49.

Construction, etc., of waterworks system

50. (1) The Regional Corporation may pass by-laws for constructing, maintaining, improving, repairing, widening, altering, diverting and stopping up works for the production, treatment and storage of water and trunk distribution mains connected therewith.

Special benefit

(2) Where in the opinion of the Regional Council an area municipality or a portion thereof will or may derive a special benefit from the assumption or construction and operation of a waterworks system, the Regional Council may at the time of authorizing the construction, extension or improvement of a waterworks system and at any time in respect of the assumption of a waterworks system by by-law provide that the area municipality shall be chargeable with and shall pay to the Regional Corporation the whole or such portion of the capital cost thereof as the by-law specifies, and such by-law is binding on the area municipality.

Idem

(3) When an area municipality receives a special benefit by the extension or improvement of a waterworks system and the capital cost of the work has already been apportioned by by-law, the Regional Council may repeal or amend any such by-law and reapportion the capital cost of such waterworks system among all the area municipalities which receive a special benefit therefrom.

Payments

(4) Where any debt is incurred for the cost of a waterworks system, the area municipality chargeable under the by-law shall make payments to the Regional Corporation with respect to such debt proportionate to its share of the capital cost as set out in the by-law in the same manner as if the debt for such share had been incurred by the Regional Corporation for the purposes of the area municipality.

Raising of money by area municipality

(5) The area municipality may pay the amount 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 water rates to recover the whole or part of the amount chargeable to the area municipality in the same manner as if the waterworks system had been constructed, extended or improved by the area municipality although in the by-law authorizing the waterworks system there was no provision for imposing, with the approval of the Municipal Board, upon owners or occupants of land who derive or will or may derive a benefit from the waterworks system a water rate sufficient to pay for the whole or a portion or percentage of the capital cost of the waterworks system.

Application of subss. (2) to (5)

(6) Subsections (2) to (5) apply only to The Regional Municipality of York. R.S.O. 1990, c. R.8, s. 50.

Assumption of works and mains

51. (1) By by-laws passed by the Regional Council effective on the day of establishment all works for the production, treatment and storage of water operated by or on behalf of each area municipality or any local board thereof and all trunk distribution mains connected therewith and all rights and obligations of an area municipality or local board in relation to such works and mains, are assumed as part of the regional waterworks system and all the real and personal property in relation to the works and mains designated in the by-laws is vested in the Regional Corporation.

Idem

(2) The works and trunk distribution mains assumed are those designated and described in a by-law mentioned in subsection (1).

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 on or after the day of establishment and in that case the by-law becomes effective on the date provided therein.

Regional liability

(5) Where the Regional 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 Regional Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of such work or main, but nothing in this clause requires the Regional 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 Regional Corporation fails to make any payment on or before the due date required by clause (5) (b), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made.

Settling of doubts

(7) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt 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, appurtenances, devices, conduits, intakes, outlets, 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. R.8, s. 51.

Existing agreements

52. (1) Where any local municipality or a local board thereof within the Regional Area 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 Regional Corporation, the Regional 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 that would otherwise be bound by the agreement 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 Regional 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. R.8, s. 52.

Powers of area municipalities restricted

53. (1) No area municipality shall establish, maintain or operate any works for the production, treatment and storage of water.

Proviso

(2) 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 Regional Corporation. R.S.O. 1990, c. R.8, s. 53.

Supply beyond limits of local municipality

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

Proviso

(2) Nothing in subsection (1) prohibits an area municipality or local board from supplying water to another municipality where by an agreement entered into before the 15th day of October, 1969, which by reason of an amalgamation or annexation under the Regional Act the area municipality or local board is obligated to supply such water and the works and trunk distribution mains used or required in carrying out such agreement have not been assumed by the Regional Corporation.

Idem

(3) In respect of the regional municipalities of Waterloo and York the date mentioned in subsection (2) shall be read as the 25th day of October, 1972 and the 12th day of October, 1970, respectively. R.S.O. 1990, c. R.8, s. 54.

Regulation of supply, etc.

55. The Regional Council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from the regional 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 Regional Area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the Regional Corporation with regard to the water so supplied. R.S.O. 1990, c. R.8, s. 55.

Maintenance, management, etc.

56. The Regional Council may pass by-laws for the maintenance and management of the regional 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. R.S.O. 1990, c. R.8, s. 56.

Rates

57. (1) The Regional 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 Regional Council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to one or more of the area municipalities.

Self-sustaining

(3) The Regional 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 Regional Council may think proper.

Non-application

(4) Clause 54 (1) (k) of the Ontario Municipal Board Act does not apply in respect of water supplied by the Regional Corporation to an area municipality.

Application to York

(5) Subsections (1), (2) and (3), as they apply to The Regional Municipality of York, shall be read as though the words “rates or other charges” were substituted for the word “rates”. R.S.O. 1990, c. R.8, s. 57.

Combined rate

58. (1) The Regional Council may by by-law impose a single combined rate which could otherwise be recovered as a charge under section 56 or a rate under section 57.

Combined rate

(2) The Regional 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 or charge under section 50, 56 or 57.

Application

(3) Subsection (2) applies only to The Regional Municipality of York and subsection (1) does not apply to that regional municipality. R.S.O. 1990, c. R.8, s. 58.

Application

59. Subsections 221 (28) to (34) of the Municipal Act apply with necessary modifications to the Regional Council in the imposition of a rate or charge imposed under section 52, 56, 57 or 58. R.S.O. 1990, c. R.8, s. 59.

Retail sale prohibited

60. (1) The Regional Corporation 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 Regional Corporation may enter into a contract for the supply of water to any local, regional or metropolitan municipality outside the Regional 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.

Purchase of water

(3) The Regional Corporation may enter into a contract for the purchase of water from any adjoining regional or metropolitan municipality, and no area municipality shall enter into any such contract with any municipality.

Application

(4) Subsection (3) applies only to The Regional Municipality of York. R.S.O. 1990, c. R.8, s. 60.

Books and accounts

61. The Regional Council shall keep separate books and accounts of the revenues, expenditures, assets and liabilities in respect of the regional waterworks system in such manner as may be prescribed by the Ministry. R.S.O. 1990, c. R.8, s. 61.

Application of revenues

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

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

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

(c) the establishment of such reserve funds as the Regional Council considers proper; to be used at any future time for any purpose mentioned in clause (a) or (b) 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 Regional 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 any debt assumed by the Regional Corporation for the purposes of the regional waterworks system except to the extent that the revenues from the system are insufficient to meet the annual payments falling due on account of principal and interest on the debentures or debt. R.S.O. 1990, c. R.8, s. 62 (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 Regional 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. 85 (2).

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 regional waterworks system. R.S.O. 1990, c. R.8, s. 62 (4).

Disposal of property

63. (1) Subject to section 70, the Regional Corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the regional waterworks system, that, in the opinion of the Regional 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 in respect of the regional waterworks system. R.S.O. 1990, c. R.8, s. 63.

Temporary shut-offs

64. (1) The Regional 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 Regional 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 Regional 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. R.8, s. 64.

Standards for local systems

65. (1) The Regional 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 the works or any part thereof to any work or main of the Regional Corporation without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 65.

Appeal

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

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

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

(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 regional 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. R.8, s. 66.

Payment of rates and charges

67. (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 Regional Corporation, and the treasurer of every area municipality shall pay the same to the treasurer of the Regional Corporation at the times and in the amounts specified by by-law of the Regional Council.

Discounts and penalties

(2) The Regional Council may by by-law provide for uniform rates of discount for prompt payment of charges for water supply to the area municipalities and may by by-law provide for the payment of interest in the event of default at a rate of 15 per cent per annum, or such lower rate as the Regional Council determines, while such default continues. R.S.O. 1990, c. R.8, s. 67.

Transfer of rights over works assumed

68. The Regional Corporation has, in respect of all works and trunk distribution mains assumed as part of the regional 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 Regional Corporation, and the Regional 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. R.8, s. 68.

Inspection of local works

69. Any person authorized by the Regional Council has free access from time to time, upon reasonable notice given and request made, to all works for the 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. R.8, s. 69.

Reversion where mains no longer required

70. Where a distribution main has been assumed by the Regional Corporation under section 51 and, in the opinion of the Regional Council, is no longer required for the purposes of the regional 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 Regional Council shall by by-law remove the main from the regional waterworks system and transfer it and all rights and obligations relating thereto to the area municipality. R.S.O. 1990, c. R.8, s. 70.

Use of regional works

71. The works and mains assumed by the Regional Corporation under section 51, together with any extensions or additions thereto constructed by the Regional Corporation, may be used by the Regional Corporation for the purpose of supplying and distributing water to any or all of the area municipalities and, subject to subsection 60 (2), to any local, regional or metropolitan municipality outside the Regional Area. R.S.O. 1990, c. R.8, s. 71.

PART V
REGIONAL SEWAGE WORKS

Application

72. (1) This section applies only to the regional municipalities of Durham, Halton and Peel. 2000, c. 5, s. 21 (18).

Regional Corporation responsibility for collection and disposal of sewage

(2) The Regional Corporation, except as provided in subsection (13), has the sole responsibility for the collection and disposal of all sewage in the Regional Area, including the establishment, construction, maintenance, operation and financing thereof, and all the provisions of any general Act relating to such collection and disposal of such sewage and the financing thereof by a municipal corporation or a local board thereof and all the provisions of any special Act relating to such collection and disposal of such sewage and the financing thereof by an area municipality or a local board thereof apply with necessary modifications to the Regional Corporation, except the power to establish a public utilities commission. R.S.O. 1990, c. R.8, s. 72 (2).

Method of financing

(3) The Regional Corporation may finance the whole or any part of the cost, including the establishment, construction, maintenance, operation and debt charges, of collection and disposal of sewage,

(a) by imposing a surcharge on the water rate collectable in the same manner as water rates;

(b) by establishing one or more urban service areas and imposing a rate or rates in such area or areas; or

Preparation of special assessment rolls and collection of special assessments

(4) If the Regional Corporation proceeds under the Local Improvement Act, or any other Act involving the use of a collector’s roll, an area municipality shall provide all information requested by the Regional Corporation for the purpose of the preparation of the special assessment rolls, and the clerk of the Regional Corporation, after certifying the special assessment rolls, shall forward the same to the treasurer of the area municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the Regional Corporation. R.S.O. 1990, c. R.8, s. 72 (4).

Regional Corporation may require area municipality to collect money required

(5) Where the Regional Corporation does not proceed by imposing a surcharge on the water rate, or under the Local Improvement Act, or under section 221 of the Municipal Act, the Regional Corporation may require any area municipality to collect the sums required for financing the collection and disposal of sewage either by a general rate in the area municipality or by a special rate on an urban service area within such area municipality and such special rate does not require the approval of the Municipal Board. R.S.O. 1990, c. R.8, s. 72 (5).

Approval of O.M.B. to undertaking, etc.

(6) Despite any general or special Act, the Municipal Board may hear and determine any application by the Regional Corporation for approval of any undertaking, work, project or scheme relating to the collection and disposal of sewage without having regard to the methods by which the Regional Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought. R.S.O. 1990, c. R.8, s. 72 (6).

Powers of O.M.B.

(7) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (6) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered. R.S.O. 1990, c. R.8, s. 72 (7).

No area municipality to collect and dispose of sewage

(8) Subject to subsection (16), no area municipality has or may exercise any powers under any Act for the collection and disposal of sewage, or the financing thereof, except as provided in subsection (13). R.S.O. 1990, c. R.8, s. 72 (8).

Vesting of property in Regional Corporation

(9) All sewage works, sewer systems and treatment works, including buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets, or other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage, including all assets and liabilities, surpluses, reserves and deficits of an area municipality relating thereto, except as provided in subsection (13), and all real and personal property of any nature whatsoever used solely for the purpose of the collection and disposal of such sewage in the Regional Area by any area municipality are vested in the Regional Corporation and no compensation or damages shall be payable to any area municipality in respect thereof. R.S.O. 1990, c. R.8, s. 72 (9).

Regional Corporation liability

(10) The Regional Corporation shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the Regional Corporation under subsection (9), but nothing in this subsection requires the Regional 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 the local improvement work. R.S.O. 1990, c. R.8, s. 72 (10).

Default

(11) If the Regional Corporation fails to make any payment as required by subsection (10), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.8, s. 72 (11).

Agreements

(12) In respect of any agreements entered into by any municipality or local board thereof in the Regional Area respecting the interception, collecting, settling, treating, dispersing, disposing or discharging of sewage, except as provided for in subsection (13), the Regional Corporation shall stand in the place and stead of such municipality or local board for all purposes of any such agreement. R.S.O. 1990, c. R.8, s. 72 (12).

Area municipality responsibility for storm drainage

(13) Subject to subsection (14), each area municipality is responsible for land drainage, including storm, surface, overflow, subsurface, or seepage waters or other drainage from land, within the municipality and including the drainage of any road in the municipality that does not form part of the regional road system. R.S.O. 1990, c. R.8, s. 72 (13).

Regional Corporation may undertake land drainage program

(14) The Regional Corporation may undertake such land drainage, including the assumption of any work or works of an area municipality pertaining thereto, in the whole or any part or parts of the Regional Area, and where the Regional Corporation does so the provisions of this section apply, with necessary modifications, to the establishment, construction, maintenance, operation and financing thereof. R.S.O. 1990, c. R.8, s. 72 (14).

Agreements

(15) The Regional Corporation may enter into agreements with the corporation of any adjoining municipality, including a regional, district or metropolitan municipality in respect of the matters provided for in this section. R.S.O. 1990, c. R.8, s. 72 (15).

Idem

(16) The Regional Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of costs of the collection and disposal of sewage. R.S.O. 1990, c. R.8, s. 72 (16).

Existing urban service areas

(17) All urban service areas as they existed immediately prior to the day of establishment pertaining to the purposes of this section, in an area municipality continue until such time as the Regional Council otherwise determines. R.S.O. 1990, c. R.8, s. 72 (17).

Application

(18) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Corporation in the imposition of a rate or surcharge under subsection (3) or (5). R.S.O. 1990, c. R.8, s. 72 (18).

Idem

(19) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Corporation with respect to the imposition of a rate or surcharge under subsection (3) and to an area municipality with respect to the imposition of a rate under subsection (5). R.S.O. 1990, c. R.8, s. 72 (19).

Definitions

73. (1) In this section and sections 74 to 94,

“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 work; (“réseau d’égouts”)

“treatment works” means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the intercepting or treating of sewage or land drainage, or both, and includes the collecting, dispersing, disposing or discharging of sewage or land drainage as incidental thereto and 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) 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 Regional Council. R.S.O. 1990, c. R.8, s. 73.

General powers

74. (1) 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 Regional Corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon any local municipality or local board thereof within the Regional Area. R.S.O. 1990, c. R.8, s. 74 (1).

Sewage works utilities commission prohibited

(2) The Regional Corporation shall not entrust the construction or the control and management of the regional sewage works to a public utilities commission. R.S.O. 1990, c. R.8, s. 74 (2).

(3) Repealed: 2000, c. 5, s. 21 (19).

74.1 Repealed: 2000, c. 5, s. 21 (20).

Construction, etc., of trunk sewage works

75. The Regional 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. R.8, s. 75.

Assumption of treatment works

76. (1) By by-laws passed by the Regional Council effective on the day of establishment all treatment works operated by or on behalf of each area municipality or any local board thereof and all rights and obligations of an area municipality or local board in relation to such works are assumed as regional sewage works and all the real and personal property in relation to the works designated in the by-laws is vested in the Regional Corporation. R.S.O. 1990, c. R.8, s. 76 (1).

Other works

(2) The Regional 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 day of establishment. R.S.O. 1990, c. R.8, s. 76 (2).

Works assumed

(3) The works assumed are those designated and described in a by-law mentioned in subsection (1) or (2). 2000, c. 5, s. 21 (21).

(4) Repealed: 2000, c. 5, s. 21 (21).

(5) Repealed: 2000, c. 5, s. 21 (21).

Extension of time

(6) Despite subsection (1), a by-law for assuming any specific treatment works may, with the approval of the Municipal Board, be passed on or after the day of establishment, and in that case the by-law becomes effective on the date provided therein. R.S.O. 1990, c. R.8, s. 76 (6).

Regional liability

(7) Where the Regional 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 Regional Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of such work or watercourse, but nothing in this clause requires the Regional 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. R.S.O. 1990, c. R.8, s. 76 (7).

Default

(8) If the Regional Corporation fails to make any payment on or before the due date required by clause (7) (b), the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.8, s. 76 (8).

Settling of doubts

(9) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt 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. R.8, s. 76 (9).

(10) Repealed: 2000, c. 5, s. 21 (22).

(11) Repealed: 2000, c. 5, s. 21 (23).

(12) Repealed: 2000, c. 5, s. 21 (23).

Existing agreements

77. (1) Where any local municipality or a local board thereof within the Regional Area 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 Regional Corporation, the Regional Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement, and the area municipality or local board that would otherwise be bound by the agreement is relieved of all liability thereunder.

Idem

(2) Where any local municipality or a local board thereof within the Regional Area 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 Regional Corporation, the Regional Corporation becomes liable to receive such sewage or land drainage in accordance with the agreement and the area municipality or local board that would otherwise be bound by the agreement 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 Regional 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. R.8, s. 77.

Powers of area municipalities restricted

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

Idem

(2) No area municipality shall establish or enlarge any treatment works without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 78.

Regulation of system, etc.

79. (1) The Regional 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 Regional Area an adequate system of sewage and land drainage disposal.

Control of sewage

(2) The Regional 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 Regional 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 Regional Council and a by-law passed by the council of an area municipality under paragraph 150 of section 210 of the Municipal Act, the by-law passed by the Regional Council prevails to the extent of such conflict but in all other aspects the by-law of the area municipality remains in full effect and force. R.S.O. 1990, c. R.8, s. 79.

79.1 Repealed: 2000, c. 5, s. 21 (24).

79.2 Repealed: 2000, c. 5, s. 21 (24).

Imposition of sewer rate

80. (1) The Regional Council may by by-law from time to time provide for imposing on and collecting from any area municipality, in respect of the whole of such area municipality or any designated part thereof from which sewage or land drainage, including storm drainage, is received,

(a) a sewer rate sufficient to pay the whole or such portion as the by-law may specify, of the regional expenditures relating to the capital costs of any work or water course assumed, constructed or to be constructed by the Regional Corporation, or for extension or improvement of such work, including debenture charges relating to any capital costs;

(b) a sewage service rate sufficient to pay the whole, or such portion as the by-law may specify, of the regional expenditures for maintenance and operation of such work or watercourse; or

(c) a uniform rate related to volume of sewage or land drainage received or treated sufficient to pay the whole, or such portion as the by-law may specify, of the Regional capital costs, including debenture charges, and expenditures for maintenance and operation of such work or watercourse. R.S.O. 1990, c. R.8, s. 80 (1).

Application

(2) Clauses (1) (b) and (c) apply only to The Regional Municipality of Waterloo. R.S.O. 1990, c. R.8, s. 80 (2).

Raising of money by area municipality

(3) An area municipality may,

(a) pay the amounts chargeable to it under subsection (1) out of its general funds;

(b) pass by-laws under section 221 of the Municipal Act for imposing sewer rates to recover the whole or any 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, although in the by-law authorizing the work there was no provision for imposing, with the approval of the Municipal Board, upon owners or occupants of land who derive or will or may derive a benefit from the work a sewer rate sufficient to pay the whole or a portion or percentage of the capital cost of the work; or

(c) include the whole or any part of an amount chargeable to the area municipality as part of the cost of an urban service for the collection and disposal of sewage and land drainage chargeable within an urban service area established in the area municipality under any general or special Act. R.S.O. 1990, c. R.8, s. 80 (3).

Sewage service rate

(4) An area municipality in The Regional Municipality of Waterloo 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 under this section. R.S.O. 1990, c. R.8, s. 80 (4).

Exception

(5) This section does not apply to The Regional Municipality of York. 2000, c. 5, s. 21 (25).

Approval of O.M.B. to undertaking, etc.

81. (1) Despite any general or special Act, the Municipal Board shall hear and determine any application by the Regional Corporation for approval of any undertaking, work, project or scheme relating to the collection and disposal of sewage without having regard to the methods by which the Regional Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought.

Powers of O.M.B.

(2) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (1) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered. R.S.O. 1990, c. R.8, s. 81.

Special benefit

82. (1) Where in the opinion of the Regional Council an area municipality or a portion thereof will or may derive a special benefit from the assumption or construction and operation of a work or watercourse, the Regional Council may at the time of authorizing the construction, extension or improvement of the work and at any time in respect of the assumption of the work by by-law provide that the area municipality shall be chargeable with and shall pay to the Regional Corporation the whole or such portion of the capital cost thereof as the by-law specifies, and such by-law is binding on the area municipality. R.S.O. 1990, c. R.8, s. 82 (1).

Idem

(2) When an area municipality receives a special benefit by the extension or improvement of a work and the capital cost of the work has already been apportioned by by-law, the Regional Council may repeal or amend any such by-law and reapportion the capital cost of such work among all the area municipalities which receive a special benefit therefrom. R.S.O. 1990, c. R.8, s. 82 (2).

Debenture payments

(3) Where any debt is incurred for the cost of the work, the area municipality chargeable under the by-law shall make payments to the Regional Corporation with respect to such debt proportionate to its share of the capital cost as set out in the by-law in the same manner as if the debt for such share had been incurred by the Regional Corporation for the purposes of the area municipality. R.S.O. 1990, c. R.8, s. 82 (3).

Raising of money by area municipality

(4) 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 although in the by-law authorizing the work there was no provision for imposing, with the approval of the Municipal Board, upon owners or occupants of land who derive or will or may derive a benefit from the work, a sewer rate sufficient to pay for the whole or a portion or percentage of the capital cost of the work. R.S.O. 1990, c. R.8, s. 82 (4).

Application

(5) This section applies only to The Regional Municipality of York. 2000, c. 5, s. 21 (26).

Connecting to regional works or watercourses

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

Agreements with other municipalities

(2) The Regional Corporation may enter into a contract with any local, regional or metropolitan municipality outside the Regional Area to receive and dispose of sewage and land drainage from the 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.

Contracts for disposal of land drainage, area municipalities

(3) Subject to the approval of the Regional Council, an area municipality and any local, regional or metropolitan municipality outside the Regional Area may enter into a contract to receive and dispose of land drainage from the local, regional or metropolitan municipality or from the area 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.

Inspection

(4) Any engineer or other officer of the Regional 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 regional work or watercourse.

Application

(5) Subsection (3) applies only to The Regional Municipality of York. R.S.O. 1990, c. R.8, s. 83.

Standards for local systems

84. (1) The Regional 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 regional 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 regional work or watercourse without the approval of the Regional Council. R.S.O. 1990, c. R.8, s. 84.

84.1 Repealed: 2000, c. 5, s. 21 (27).

Appeal

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

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

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

(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 regional 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. R.8, s. 85.

Special sewage service rates

86. (1) The Regional Council may pass by-laws, 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 regional work or works. R.S.O. 1990, c. R.8, s. 86 (1).

Raising of money by area municipality

(2) 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. R.8, s. 86 (2).

(3) Repealed: 2000, c. 5, s. 21 (28).

Exception

(4) This section does not apply to The Regional Municipality of Waterloo. R.S.O. 1990, c. R.8, s. 86 (4).

86.1 Repealed: 2000, c. 5, s. 21 (29).

Combined rate

87. The Regional 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 or charge under section 80, 82, 86 or 86.1. R.S.O. 1990, c. R.8, s. 87; 1994, c. 1, s. 20.

Application

88. (1) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the Regional Council in the imposition of a rate or charge under section 80, 86 or 87. R.S.O. 1990, c. R.8, s. 88 (1).

Idem

(2) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the Regional Council in respect of the imposition of a rate or charge under section 80 or 87. R.S.O. 1990, c. R.8, s. 88 (2).

Non-application

(3) This section does not apply to The Regional Municipality of York. 2000, c. 5, s. 21 (30).

Contribution towards cost of separation of combined sewers

89. (1) The Regional Council may contribute toward the cost to any area municipality of the separation of sanitary and storm sewers in existence on the day of establishment in the area municipality, such amount as it considers proper, not exceeding 25 per cent of the total cost thereof to the area municipality.

Limitation

(2) In respect of The Regional Municipality of Niagara, the contribution is limited to sewers the construction of which commenced on or after the 1st day of January, 1969. R.S.O. 1990, c. R.8, s. 89.

Transfer of rights over works assumed

90. The Regional 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 in respect of such works before they were assumed by the Regional Corporation and the Regional 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. R.8, s. 90.

Inspection of local works

91. Any person authorized by the Regional 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. R.8, s. 91.

Use of regional works

92. Any works assumed by the Regional Corporation under section 76, together with any extensions or additions thereto constructed by the Regional Corporation, may be used by the Regional 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 83 (2), from any local, regional or metropolitan municipality outside the Regional Area. R.S.O. 1990, c. R.8, s. 92.

Payment of charges

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

Discounts and penalties

(2) The Regional Council may by by-law provide for uniform rates of discount for prompt payment of charges imposed under the authority of this Part and may by by-law provide for interest in the event of default at a rate of 15 per cent per annum, or such lower rate as the Regional Council determines, while such default continues.

Limitation

(3) Subsection (2) applies only to The Regional Municipality of Niagara. R.S.O. 1990, c. R.8, s. 93.

Disposal of liquid or solid material

94. (1) The Regional 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 Regional Corporation and that is transported to those sewage works for receipt and disposal by the Regional 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 Regional Corporation. R.S.O. 1990, c. R.8, s. 94.

Application to certain regional municipalities

95. Sections 73 to 94 apply only to the regional municipalities of Niagara, Waterloo and York. R.S.O. 1990, c. R.8, s. 95; 2000, c. 5, s. 21 (31).

PART VI
PLANNING

Official plan

96. (1) Repealed: 1991, c. 15, s. 30.

(2) Repealed: 1991, c. 15, s. 30.

(3) Repealed: 1991, c. 15, s. 30.

Official plan for Regional Area

(4) The Regional Council shall have and continue to maintain in force with such amendments or revisions as it deems appropriate, an official plan for the Regional Area. R.S.O. 1990, c. R.8, s. 96 (4).

(5) Repealed: 1991, c. 15, s. 30.

97. Repealed: 2000, c. 5, s. 21 (32).

98. Repealed: 2000, c. 5, s. 21 (33).

99. Repealed: 2000, c. 5, s. 21 (34).

100. Repealed: 2000, c. 5, s. 21 (35).

PART VII
POLICE

101. Repealed: 1994, c. 1, s. 21.

Definitions

102. In this Part,

“Police Board” means the Police Services Board of a regional municipality; (“commission de police”)

“Regional Police Force” means a regional police force that is under the government of a Police Board. (“corps de police régional”) R.S.O. 1990, c. R.8, s. 102.

By-law enforcement

103. (1) The Police Board and the members of the Regional Police Force have the same duties in respect of by-laws of the area municipalities as in respect of the by-laws of the Regional Corporation.

Fines

(2) The fines imposed for the contravention of the by-laws of any area municipality shall, where prosecuted by the Regional Police Force, belong to the Regional Corporation and, where prosecuted by any other person, belong to the area municipality whose by-law has been contravened. R.S.O. 1990, c. R.8, s. 103 (1, 2).

(3) Repealed: 1997, c. 8, s. 45.

(4) Repealed: 1997, c. 8, s. 45.

(5) Repealed: 1997, c. 8, s. 45.

Property to be provided

104. The Regional Corporation shall provide all real and personal property necessary for the purposes of the Police Board. R.S.O. 1990, c. R.8, s. 104.

Rates for expenses of Police Board

105. (1) An area municipality may pay the amounts chargeable to it in each year for the expenses of the Police Board in respect of maintaining, operating and administering the Regional Police Force under section 25 of the Regional Municipality of Niagara Act, out of its general funds or, subject to the approval of the Ontario Civilian Commission on Police Services, by levying rates that are different between areas defined by the council or by levying rates in one or more such area only.

Farm lands

(2) Subject to the approval of the Ontario Civilian Commission on Police Services, the council of an area municipality may grant entire or partial exemption from any rate or rates levied under subsection (1) to lands and buildings used exclusively for farming purposes. R.S.O. 1990, c. R.8, s. 105.

Limitation on area municipality

106. (1) Despite paragraph 1 of section 232 and Part XVII.1 of the Municipal Act, an area municipality does not have the power to pass a by-law that the Regional Council has the authority to pass under this section. 1996, c. 1, Sched. M, s. 34 (1).

By-laws by Regional Council

(2) The Regional Council may pass by-laws applicable to one or more area municipalities:

Teamsters, cab owners and drivers, etc.

1. For licensing, regulating and governing teamsters, carters, draymen, owners and drivers of cabs, buses, motor or other vehicles used for hire or any class or classes thereof; for establishing the rates or fares to be charged by the owners or drivers of such vehicles for the conveyance of goods or passengers either wholly within an area municipality or to any point not more than three miles beyond its limits, and for providing for the collection of such rates or fares; for limiting the number of cabs, buses, motor or other vehicles used for hire, or any class or classes thereof, and for revoking any such licence.

Insurance for teamsters, cab owners, etc.

2. For requiring any or all persons mentioned in paragraph 1 to provide public liability, property damage, cargo or other insurance in the form and to the amounts of coverage prescribed in the by-law and, providing that where such insurance is not so provided, the Regional Council may refuse, refuse to renew or revoke any licence issued under paragraph 1.

Taxicab brokers

3. For licensing, regulating and governing taxicab brokers and for revoking any such licence and for requiring taxicab brokers to provide public liability, property damage, cargo or other insurance in the form and to the amounts of coverage prescribed in the by-law in respect of each taxicab operated in association with such broker and, providing that where such insurance is not so provided, the Regional Council may refuse, refuse to renew or revoke any such licence.

(a) In this paragraph,

“taxicab broker” means any person who accepts calls in any manner for taxicabs that are used for hire and that are owned by persons other than the person, his or her immediate family or the person’s employer.

Salvage shops, etc.

4. For licensing, regulating and governing salvage shops, salvage yards, second-hand goods shops and dealers in second-hand goods, and for revoking any such licence.

(a) In this paragraph,

“dealers in second-hand goods” includes persons who go from house to house or along highways for the purpose of collecting, purchasing or obtaining second-hand goods, (“négociants de marchandises usagées”)

“salvage yard” includes an automobile wrecking yard or premises, (“chantier de récupération”)

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

(b) The by-law may apply to and require every person using a vehicle for any of the purposes mentioned in this paragraph, either on the person’s account or as the agent or servant of another person, to take out a licence.

(c) The power of licensing does not apply to persons engaged in any of the objects mentioned in this paragraph for patriotic or charitable purposes.

(d) Repealed: 1996, c. 1, Sched. M, s. 34 (2).

(e) Any licence issued under this paragraph may be issued to authorize the licensee to deal in one class only of second-hand goods or in more than one class as may be specified in the licence, and such licensee is not entitled to deal in any class of second-hand goods not covered by the person’s licence. R.S.O. 1990, c. R.8, s. 106 (2); 1996, c. 1, Sched. M, s. 34 (2).

Licence fees payable to Regional Corporation

(3) All licence fees payable under any by-law enacted under subsection (2) are payable to the Regional Corporation. R.S.O. 1990, c. R.8, s. 106 (3).

Application

107. Sections 105 and 106 apply only to The Regional Municipality of Niagara. R.S.O. 1990, c. R.8, s. 107.

PART VIII
FINANCES

Reserve funds of municipalities

108. (1) Reserve funds established by local municipalities for purposes for which the Regional Council has authority to spend funds and for which the council of an area municipality has no authority to spend funds are reserve funds of the Regional Corporation and the assets of such reserve funds are vested in the Regional Corporation. R.S.O. 1990, c. R.8, s. 108 (1).

Idem

(2) Reserve funds established by local municipalities, other than divided municipalities, for purposes for which the councils of area municipalities have authority to spend funds and for which the Regional Council has no authority to spend funds are reserve funds of the area municipality of which the local municipality forms the whole or a part and the assets of such reserve funds are vested in such area municipality. R.S.O. 1990, c. R.8, s. 108 (2).

(3) Repealed: 2000, c. 5, s. 21 (36).

Reserve funds, establishment

109. (1) The Regional 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. R.8, s. 109 (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 Regional 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. 85 (6).

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 Regional 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. R.8, s. 109 (3, 4).

Temporary Loans

Current borrowings

110. (1) The Regional 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 bankers’ acceptance such sums as the Regional Council considers necessary to meet, until the levies and other revenues are received, the current expenditures of the Regional Corporation for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Regional Corporation and the sums required by law to be provided by the Regional Council for any local board of the Regional Corporation. R.S.O. 1990, c. R.8, s. 110 (1).

Limit upon borrowings

(2) The amount that may be borrowed at any one time for the purposes mentioned in subsection (1), together with 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 of the estimated revenues of the Regional Corporation as set forth in the estimates adopted for the year. R.S.O. 1990, c. R.8, s. 110 (2); 1992, c. 15, s. 74 (1).

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 Regional Corporation as set forth in the estimates adopted for the next preceding year. R.S.O. 1990, c. R.8, s. 110 (3).

Exclusion from estimated revenues

(3.1) For the purposes of subsections (2) and (3), estimated revenues do not include revenues derivable or derived from,

(a) borrowings or issues of debentures;

(b) a surplus, including arrears of levies; or

Protection of lender

(4) The lender is not bound to establish the necessity of borrowing the sum lent or to see to its application.

Execution of borrowing instruments

(5) A promissory note or bankers’ 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. R.8, s. 110 (4, 5).

Same

(6) The signature of the chair or any other person authorized to sign promissory notes or banker’s acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 85 (10).

Creation of charge

(7) The Regional 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 Regional 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

(8) Any agreement entered into under subsection (7) shall be signed by the chair and treasurer.

Penalty for excess borrowings

(9) If the Regional 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 Regional Council

(10) If the Regional Council authorizes the application of any revenues of the Regional Corporation charged under the authority of this section otherwise than in repayment of the loan secured by such charge, the members who knowingly 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

(11) If any member of the Regional Council or officer of the Regional Corporation knowingly 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.

Saving as to penalties

(12) Subsections (9), (10) and (11) do not apply to the Regional Council or any member of the Regional Council or officer of the Regional Corporation acting under an order or direction issued or made under the authority of the Municipal Affairs Act, nor do they apply in any case where application of the revenues of the Regional Corporation is made with the consent of the lender in whose favour a charge exists.

Deeming provision

(13) For the purposes of this section, where the Regional Corporation raises money by means of a bankers’ acceptance, the Regional Corporation shall be deemed to be borrowing money.

Bankers’ acceptance

(14) A bankers’ 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

Interest on promissory note

(15) 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. R.8, s. 110 (7-15).

Debt

Debt

111. (1) The Regional Council 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 Regional 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. 85 (11).

Liability

(2) All debentures issued under a by-law passed by the Regional Council under the authority of this Act or a Regional Act are direct, joint and several obligations of the Regional 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 Regional Corporation and of the area municipalities respectively as among themselves.

Limitation

(3) Despite any general or special Act, no area municipality has power to issue debentures. R.S.O. 1990, c. R.8, s. 111 (2, 3).

(4) Repealed: 1998, c. 18, Sched. B, s. 14.

Investment of money

112. (1) Repealed: 1996, c. 32, s. 85 (12).

(2) Repealed: 1996, c. 32, s. 85 (12).

Investment of money

(3) Sections 167.1 and 167.3 of the Municipal Act apply to the Regional Corporation with necessary modifications. 1996, c. 32, s. 85 (13).

Deemed credit union

(4) The Regional Corporation shall be deemed to be a municipality for the purposes of section 34 of the Credit Unions and Caisses Populaires Act, 1994. 1992, c. 15, s. 75; 1994, c. 11, s. 392.

Concurrence of specified number of members of area council

113. 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 Regional 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 Regional by-law. 1996, c. 32, s. 85 (14).

Borrowing pending issue and sale of debentures

114. (1) When the Regional Corporation has authorized the borrowing of money and the issue of debentures for its purposes, the Regional 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 purposes 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. R.8, s. 114 (1); 1992, c. 15, s. 76 (1).

Idem

(2) When the Regional Corporation has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the Regional Council or the council of the area municipality pending the issue and sale of the debentures may, and the Regional Council 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 the Regional Council 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. R.8, s. 114 (2); 1992, c. 15, s. 76 (2).

Interest on proceeds transferred

(3) The Regional 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.

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 129 shall be transferred to the area municipality.

Hypothecation not to prevent subsequent sale of debentures

(5) Subject to subsection (4) the redemption of a debenture hypothecated does not prevent the subsequent sale thereof. R.S.O. 1990, c. R.8, s. 114 (3-5).

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. 85 (15).

Temporary borrowing

115. (1) Where the Regional Corporation has entered into an agreement under the Ontario Water Resources Act whereby the Regional Corporation is entitled to receive money from the Crown, the Regional Council, pending the receipt of such money may, in order to meet expenditures incurred in carrying out the agreement, agree with a bank or a person for temporary advances from time to time.

Application of proceeds

(2) The proceeds of every advance under this section shall be applied to the expenditures incurred in carrying out the agreement made by the Regional Corporation under the Ontario Water Resources Act, but the lender shall not be bound to see to the application of the proceeds and, when the Regional Corporation has received the money to which it is entitled from the Crown under the said agreement such money shall be applied first in repayment of the advances. R.S.O. 1990, c. R.8, s. 115.

Principal and interest payments

116. (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. R.8, s. 116 (1); 1996, c. 32, s. 85 (16).

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. R.8, s. 116 (2); 1996, c. 32, s. 85 (17).

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. 77 (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 area municipality shall pay to the Regional 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 of 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 debt levied against it under subsection (4). R.S.O. 1990, c. R.8, s. 116 (4-6).

Instalment debentures and debentures to refund existing debentures at maturity

(7) Despite subsection (5), the Regional Council may by by-law,

(a) authorize the borrowing of money by the issue of instalment debentures, the last instalment of which shall mature not earlier than five years after the date upon which they are issued, and a specified sum of principal payable thereunder in the final year shall be raised by the issue of refunding debentures as provided in clause (b), and it shall not be necessary to raise by special rate in the year of maturity of the debentures to be refunded an amount equal to the specified principal amount of the debentures which are being refunded; and

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the Regional Council for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued. R.S.O. 1990, c. R.8, s. 116 (7); 1992, c. 15, s. 77 (2); 1996, c. 32, s. 85 (18).

Contents of by-law

(8) Any by-law under subsection (7) shall provide that the sums of principal and interest payable under the by-law shall be raised by a special levy or levies against such area municipality or municipalities as may be specified in the by-law and such levy shall be levied against the same area municipality or municipalities in each case.

Levy

(9) Any special levy against an area municipality imposed by the by-law under the authority of subsection (8) 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 (8), and any levy imposed by a by-law under clause (7) (b) shall be levied by the area municipality against the same persons or property as the levy imposed by the related by-law under clause (7) (a) was levied.

Levies a debt

(10) All levies imposed by the by-law against an area municipality are a debt of the area municipality to the Regional Corporation.

By-law to change mode of issuing debentures

(11) The Regional 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 the reverse, and, where any debentures issued under the by-law have been sold, pledged or hypothecated by the Regional 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. R.8, s. 116 (8-11).

Dating and issuing of debentures

(12) 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

(13) Subject to subsection (14), 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

(14) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(15) The Regional Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(16) 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. 85 (19).

(17) Repealed: 1996, c. 32, s. 85 (19).

Consolidation

(18) Despite any general or special Act, the Regional 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.

Consolidating debenture by-laws

(19) Section 143 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.8, s. 116 (18, 19).

Redemption before maturity

(20) The by-law may provide that all the debentures or a portion thereof shall be redeemable at the option of the Regional 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 prepaid mail 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 Regional Area 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 debentures that have 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 Regional Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Regional Council in respect of the debenture so redeemed. R.S.O. 1990, c. R.8, s. 116 (20); 1992, c. 15, s. 77 (3).

(21) Repealed: 1996, c. 32, s. 85 (20).

(22) Repealed: 1996, c. 32, s. 85 (20).

(23) Repealed: 1996, c. 32, s. 85 (20).

Principal levies

(24) 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. 85 (21).

Consolidated bank accounts

(25) 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 Regional 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. R.S.O. 1990, c. R.8, s. 116 (25).

Sinking fund committee

(26) When sinking fund debentures are issued, there shall be a sinking fund committee that shall be composed of the treasurer of the Regional Corporation and such other members appointed by the Regional Council as it considers appropriate, and the appointed members may be paid, out of the current fund of the Regional Corporation, such annual remuneration as the Regional Council determines. R.S.O. 1990, c. R.8, s. 116 (26); 1991, c. 15, s. 32 (1).

Alternate members

(27) The Regional 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 Regional Corporation, such remuneration as the Regional Council determines.

Chair

(28) The treasurer of the Regional 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

(29) 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 the member’s hands, in such amount as the auditor of the Regional Corporation shall determine, and in other respects the provisions of section 92 of the Municipal Act apply in respect of such security. R.S.O. 1990, c. R.8, s. 116 (27-29).

Quorum

(30) A majority of the members of the sinking fund committee is a quorum, and all investments and disposals of investments must be approved by a majority of all the members of the committee. R.S.O. 1990, c. R.8, s. 116 (30); 1991, c. 15, s. 32 (2).

Control of sinking fund assets

(31) 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

(32) 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

(33) 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. R.8, s. 116 (31-33).

Same

(34) The money in the consolidated bank accounts shall be invested in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act. 1996, c. 32, s. 85 (22).

(35) Repealed: 1996, c. 32, s. 85 (22).

(36) Repealed: 1996, c. 32, s. 85 (22).

Sinking fund accounts

(37) 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. R.8, s. 116 (37).

Earnings credited to sinking fund account

(38) There shall be credited to the sinking fund account mentioned in clause (a) 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 (24) in respect of 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 (24) in respect of all principal raised up to and including such year for all outstanding sinking fund debentures. R.S.O. 1990, c. R.8, s. 116 (38); 1996, c. 32, s. 85 (26).

Sinking fund requirements

(39) The treasurer of the Regional Corporation shall prepare and lay before the Regional Council in each year, before the annual regional levies are made, a statement showing the sums that the Regional Council will be required, by by-law, to raise for sinking funds in that year.

Offence

(40) If the treasurer of the Regional Corporation contravenes subsection (25) or (39), he or she is guilty of an offence.

Failure to levy

(41) If the Regional Council neglects in any year to levy the amount required to be raised for a sinking fund, each member of the Regional Council is disqualified from holding any municipal office for two years, unless the member shows that he or she made reasonable efforts to procure the levying of such amount. R.S.O. 1990, c. R.8, s. 116 (39-41).

Where sinking fund account more than sufficient to pay debt

(42) 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 Regional 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. 85 (27).

No diversion of sinking funds

(43) 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 Regional Corporation or otherwise than is provided in this section. R.S.O. 1990, c. R.8, s. 116 (43).

Surplus

(44) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the Regional 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 (44.1).

Purposes

(44.1) The purposes referred to in clause (44) (b) are:

1. Retirement of unmatured debentures of the Regional 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 Regional 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 Regional Corporation or of an area municipality.

Proportion

(44.2) The surplus shall be used under clause (44) (a) or (b) for the purposes of the Regional 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. 85 (28).

Use of surplus

(45) The surplus shall be used under either clause (44) (a) or (b) for the purposes of the Regional 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 connection with which the surplus arose.

Deficit and surplus

(46) 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 Regional Corporation out of its current funds and any surplus in the sinking fund account shall be used as provided in subsections (44) and (45). R.S.O. 1990, c. R.8, s. 116 (45, 46).

Application

(46.1) Subsections 144 (2.1) to (2.3) of the Municipal Act apply with necessary modifications to the Regional Corporation. 1992, c. 15, s. 77 (7).

Term debentures

(47) A money by-law may authorize the issue of debentures of which all or a portion shall be payable on a fixed date with interest payable in one or more instalments in each year, in which case such debentures shall be known as term debentures. R.S.O. 1990, c. R.8, s. 116 (47); 1992, c. 15, s. 77 (8); 1996, c. 32, s. 85 (29).

Amounts to be raised annually

(48) In respect of the term debentures, the by-law shall provide for raising,

(a) in each year of the currency of the term debentures a sum sufficient to pay the interest on the term debentures; and

(b) in each year of the currency of the term debentures in which no other debentures issued under the same by-law become due and payable, a specific amount to form a retirement fund for the term debentures which, with interest at a rate not to exceed 8 per cent per annum compounded yearly, will be sufficient to pay the principal of the term debentures at maturity.

Retirement fund

(49) The retirement fund for the 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 subsections (25) to (46) of this section in respect of a sinking fund apply with necessary modifications to such retirement fund. R.S.O. 1990, c. R.8, s. 116 (48, 49).

All debentures rank proportionately

(50) 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 Regional Corporation except as to the availability of any sinking funds applicable to any particular issue of debentures. R.S.O. 1990, c. R.8, s. 116 (50); 1996, c. 32, s. 85 (30).

Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount

117. Despite any other provisions of this Act,

(a) a money by-law of the Regional Council may provide that all or a portion of the debentures to be issued thereunder shall be payable on a fixed date, subject to the obligation of the Regional Corporation to redeem by lot annually on each anniversary of the date of such debentures a specified principal amount of such debentures upon payment by the Regional Corporation of such principal amount plus accrued interest to the date of redemption and upon giving notice as provided in this section;

interest ceases to accrue on date set for redemption

(b) the principal amount of every debenture that is called for redemption shall become due and payable on the date set for the redemption thereof and, after such date, interest ceases to accrue thereon where provision is duly made by the Regional Corporation for the payment of the principal amount thereof;

debentures to be redeemed may be purchased

(c) the debentures to be redeemed on each anniversary of the date of such debentures shall be selected by lot by the treasurer of the Regional Corporation in such manner as may be prescribed by by-law of the Regional Council and when redeemed shall be cancelled and shall not be reissued, provided always that the principal amount of the debentures to be redeemed in any year may be reduced by the principal amount of any debentures purchased by the Regional Corporation, at a price or prices not exceeding the principal amount thereof, and surrendered for cancellation on the date fixed for redemption;

notice to redeem to be sent by mail

(d) notice of intention to redeem any debenture shall be sent by prepaid mail at least thirty days prior to the date set for such redemption to the person, if any, in whose name the debenture may be registered at the address shown in the debenture registry;

notice to redeem to be published

(e) notice of intention to redeem any debenture shall be published at least thirty days prior to the date set for such redemption in such manner as the by-law may provide;

where only portion of debentures payable on fixed date

(f) where only a portion of the debentures issued under a by-law is payable on a fixed date, the obligation of the Regional Corporation to redeem by lot annually a specified principal amount of such debentures does not apply in any year in which an instalment of principal of the remaining debentures issued under such by-law becomes due and payable; and

annual amounts payable to be approximately equal

(g) the aggregate amounts of principal and interest, or the amounts of principal, payable in each year during the currency of debentures issued under this section shall be approximately equal. R.S.O. 1990, c. R.8, s. 117; 1992, c. 15, s. 78.

Application

118. Section 141 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.8, s. 118.

Application

119. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the Regional Council.

Hypothecation not a sale under this section

(2) For the purposes of this section, the hypothecation of debentures under section 114 shall not constitute a sale or other disposal thereof.

Consolidation of debentures

(3) The Regional 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 assessment 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 Regional Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the Regional Council. R.S.O. 1990, c. R.8, s. 119.

Repeal of by-law when part only of money to be raised

120. (1) Where part only of a sum of money provided for by a by-law has been raised, the Regional 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. R.8, s. 120 (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. 85 (31).

Until debt paid certain by-laws cannot be repealed

121. (1) Subject to section 120, after a debt has been contracted under a by-law, the Regional 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 Regional Corporation that has been directed to be applied to such payment.

Application of payments

(2) When the Regional 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. R.8, s. 121.

Offence for neglect of officer to carry out by-law

122. Any officer of the Regional Corporation whose duty it is to carry into effect any of the provisions of a money by-law of the Regional 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. R.8, s. 122.

Money by-laws may be registered

123. (1) Within four weeks after the passing of a money by-law, the clerk may register a duplicate original or a copy of it, certified under his or her hand and the seal of the Regional Corporation, in the appropriate land registry office.

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. R.8, s. 123 (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 116 (5) have not been substantially complied with. R.S.O. 1990, c. R.8, s. 123 (6); 1996, c. 32, s. 85 (32).

Failure to register

(7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. R.8, s. 123 (7).

Execution

124. (1) A debenture shall bear,

(a) the seal of the Regional Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the Regional Council, 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 Regional 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. 85 (33).

Debentures on which payment has been made for one year to be valid

125. 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 Regional Corporation, the by-law and the debentures issued under it are valid and binding upon the Regional Corporation. R.S.O. 1990, c. R.8, s. 125.

Mode of transfer may be prescribed

126. (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 person 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. R.8, s. 126 (1); 1992, c. 15, s. 80 (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, her or its executors or administrators, or of his, her or its 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. R.8, s. 126 (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, her or its executors or administrators or his, her or its 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. R.8, s. 126 (3); 1992, c. 15, s. 80 (2).

Registration of debenture

(4) A debenture may be registered as to principal and interest, in which case the interest shall be paid by cheque or, if authorized in writing by the owner of the debenture, by electronic transfer and the debenture may be referred to as a fully registered debenture. 1992, c. 15, s. 80 (3).

When debenture registry may be maintained outside Canada

(5) Where debentures are payable in a currency other than that of Canada, the Regional Council may provide that the debenture registry of the Regional Corporation in respect of such debentures be maintained outside Canada by a corporation or person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the Regional Council considers appropriate. R.S.O. 1990, c. R.8, s. 126 (5); 1992, c. 15, s. 80 (4).

Records storage

126.1 (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 126 (1).

2. Names and addresses of the owners of registered debentures.

3. Particulars of the cancellation and destruction of debentures under subsection 128 (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 126 (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. 81.

Replacement of lost debentures

127. Where a debenture is defaced, lost or destroyed, the Regional 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. R.8, s. 127.

Exchange of debentures

128. (1) On request of the holder of any debenture issued by the Regional Corporation, the treasurer of the Regional 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 Regional Corporation may, as provided in this section, exchange debentures heretofore or hereafter issued by the Regional Corporation.

New debentures of same force and effect as debentures surrendered

(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. R.8, s. 128
(1-3).

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Regional 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. 85 (34).

Application of proceeds of debentures

129. (1) The money received by the Regional Corporation from the sale or hypothecation of any debentures to the extent that such money is required for the 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.

Idem

(2) None of the money received by the Regional Corporation from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the Regional Corporation or an area municipality. R.S.O. 1990, c. R.8, s. 129 (1, 2).

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 Regional Corporation to redeem one or more of the debentures having the latest maturity date;

(b) to reduce the next annual levy on account of principal and interest payable in respect of 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 Regional 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. R.8, s. 129 (3); 1996, c. 32, s. 85 (35).

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 in respect of 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. R.8, s. 129 (4); 1996, c. 32, s. 85 (36).

Use of proceeds of sale of asset acquired from proceeds of sale of debentures

130. Where real or personal property acquired out of money received by the Regional 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 129 (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. R.8, s. 130; 1996, c. 32, s. 85 (37).

Tenders for debentures

131. When the Regional Corporation intends to borrow money on debentures under this or any other Act, the Regional 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. R.8, s. 131.

Accounts, how to be kept

132. (1) The Regional Council shall,

(a) keep a separate account of every debenture debt;

(b) where the whole of a debenture 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 debenture 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 Regional 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. R.8, s. 132.

Application of surplus money

133. 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. R.8, s. 133.

Liability of members

134. (1) If the Regional 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 Regional Council, upon the request in writing of a ratepayer of an 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 that ratepayer and all other ratepayers in the Regional 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. R.8, s. 134.

Refinancing of debentures

135. When, by or under the authority of this Act or a Regional Act, the Regional 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 Regional Corporation may,

(a) cancel all such debentures that have not been sold and issue new debentures of the Regional 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 Regional Corporation to raise the money required for such redemption; and

(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 Regional Corporation to raise the money required to complete such purchase. R.S.O. 1990, c. R.8, s. 135; 1996, c. 32, s. 85 (38, 39).

PART VIII.1 (ss. 135.1-135.14) Repealed: 1997, c. 5, s. 69.

PART IX
GENERAL

Application

136. (1) Sections 5, 75, 76, 82, 83, 88, 90, 91, 92 and 94, subsections 96 (1), (4) and (5), sections 98, 103, 104, 105, 108, 111, 113, 114, 115, 116, 117, 120, 121 and 126, subsection 163 (3), sections 188 and 204, paragraphs 3, 10, 11, 12, 23, 24, 30, 45, 46, 47, 48, 49, 50, 51 and 55 of section 207, subparagraph iii of paragraph 69 and paragraph 131 of section 210, paragraph 10 of section 314 and Parts XIII, XIV, XV and XIX of the Municipal Act apply with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.8, s. 136 (1); 1991, c. 15, s. 33; 1993, c. 27, Sched.

Exception

(2) Despite subsection (1),

(a) subparagraph 69 iii of section 210 does not apply to the regional municipalities of Waterloo and York;

(b) paragraph 52 of section 207 applies to The Regional Municipality of York;

(d) for the purpose of exercising powers to pass by-laws licensing businesses under any Act, Part XVII.1 of the Municipal Act applies to the regional municipalities of Niagara, Waterloo and York and the Minister may make regulations under section 257.5 of that Act in relation to those powers. 2000, c. 5, s. 21 (37).

Loans re: sewer and water connections

(3) Where the Regional Council passes a by-law under subsection 222 (1) of the Municipal Act, the council of any area municipality may exercise the powers contained in subsections (6), (7) and (8) of that section, as if the by-law passed by the Regional Council had been passed by the council of such area municipality. R.S.O. 1990, c. R.8, s. 136 (3).

Exception

(4) Subsection (3) does not apply to the regional municipalities of Niagara, Waterloo and York. R.S.O. 1990, c. R.8, s. 136 (4); 2000, c. 5, s. 21 (38).

Exception

(5) Sections 10 and 11 of the Municipal Act do not apply to any area municipality. R.S.O. 1990, c. R.8, s. 136 (5).

Deemed municipal corporation

(6) The Regional Corporation shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act. R.S.O. 1990, c. R.8, s. 136 (6).

Deemed municipality

(7) The Regional Corporation shall be deemed to be, and to have always been, a municipality for the purposes of section 311 of the Municipal Act. R.S.O. 1990, c. R.8, s. 136 (7).

Payment of damages to employees

137. Where, in an action or by the settlement of a claim arising out of any injury to an employee including a member of the Regional Police Force, or to any person considered an employee for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the Regional 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 Regional Corporation may impose. R.S.O. 1990, c. R.8, s. 137; 1997, c. 16, s. 15.

Investigation by judge of charges of malfeasance

138. (1) Where the Regional 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 Regional Council, or an officer or employee of the Regional 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 Regional Corporation, or to inquire into or concerning any matter connected with the good government of the Regional Corporation or the conduct of any part of its public business, including any business conducted by a local board of the Regional 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 the judge shall, with all convenient speed, report to the Regional Council the result of the inquiry and the evidence taken.

Engaging counsel

(2) The Regional Council may engage and pay counsel to represent the Regional Corporation and may pay all proper witness fees to persons summoned to give evidence at the instance of the Regional 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.

Idem

(3) The judge may engage counsel and such other assistants and staff and incur such incidental expenses as the judge considers advisable for the proper conduct of the investigation or inquiry, and the Regional Corporation shall pay the costs thereof. R.S.O. 1990, c. R.8, s. 138.

139. Repealed: 1996, c. 32, s. 85 (42).

Entry on highways, etc.

140. The Regional 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, including any sidewalks thereon, lanes and other public communications shall be restored to their original condition without unnecessary delay. R.S.O. 1990, c. R.8, s. 140.

Agreements re: services

141. The Regional Corporation and any area municipality may enter into agreements for the use within any part of the Regional Area of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary. R.S.O. 1990, c. R.8, s. 141.

Deemed municipality

142. (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the Regional Corporation shall be deemed to be a municipality.

Regional Corporation and area municipalities deemed not tenants

(2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the Regional Corporation is occupied by an area municipality or where property belonging to an area municipality is occupied by the Regional Corporation or another area municipality, the occupant shall not be considered to be a tenant or lessee, whether rent is paid for such occupation or not.

Definitions

(3) In subsection (2),

“Regional Corporation” and “area municipality” include a local board thereof. R.S.O. 1990, c. R.8, s. 142.

Execution against Regional Corporation

143. (1) An execution against the Regional Corporation may be endorsed with a direction to the sheriff to levy the amount thereof by rate, and the proceedings therein shall then be the following:

1. The sheriff shall deliver a copy of the writ and endorsement to the treasurer of the Regional Corporation, or leave such copy at the office or dwelling place of the treasurer, 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 Regional 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 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 the sheriff may make such addition to the same as he or she considers sufficient to cover its share of the interest up to the time when the rate will probably be available and the sheriff’s own fees.

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 Regional 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 to 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 the collector for the year, he or she shall add a column thereto, headed “Execution rate in A.B. vs. The Regional Municipality of ...............” or “Execution rate in A.B. vs. The Regional Municipality of ............... /Impôt relatif à l’exécution forcée dans l’affaire de A.B. c. la municipalité régionale de ................” 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 thereon, pay any surplus, within ten days after receiving the same, to the treasurer of the area municipality.

Function of clerk, collector and assessor

(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 considered 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. R.8, s. 143.

Conditional powers

144. The Lieutenant Governor in Council, upon the recommendation of the Minister, may authorize all such acts or things not specifically provided for in this Act as are considered necessary or advisable to carry out effectively the purposes of this Act or a Regional Act. R.S.O. 1990, c. R.8, s. 144.

Conflict with other Acts

145. The provisions of this Act apply despite the provisions of any general or special Act and, in the event of any conflict between this Act and any general or special Act, this Act prevails. R.S.O. 1990, c. R.8, s. 145.

Municipal buildings

146. (1) The Regional Corporation or an area municipality or the Regional Corporation and one or more area municipalities,

(a) may acquire land for the purpose of constructing municipal buildings; and

(b) may construct municipal buildings for the use of the Regional Corporation or the Regional Corporation and one or more area municipalities or any local board thereof.

Application

(2) Section 124 of the Municipal Act applies with necessary modifications to any joint undertaking under this section. R.S.O. 1990, c. R.8, s. 146.

Regional Fire Co-ordinator

147. The Regional Corporation shall appoint a Regional Fire Co-ordinator who shall be responsible for the establishment of an emergency fire service plan and program for the Regional Area, and the Regional Corporation is authorized to expend such sums as it considers necessary to implement such plan and program. R.S.O. 1990, c. R.8, s. 147.

Emergency response services

147.1 The Regional 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. 84.

Existing speed limits continued

148. (1) Despite the other provisions of this Act, but subject to subsections (2) and (3), for the purposes of section 128 of the Highway Traffic Act the area in the Regional Area that, immediately prior to the day of establishment, formed part of a town, village or township municipality shall be considered to continue to form part of a town, village or township municipality. R.S.O. 1990, c. R.8, s. 148 (1).

By-laws of Regional Council and area councils

(2) Despite subsection (1), the Regional Council and the council of each area municipality may exercise any of its powers under section 128 of the Highway Traffic Act in respect of highways under its jurisdiction and control. R.S.O. 1990, c. R.8, s. 148 (2).

Existing speed limits continued

(3) Every by-law passed by the council of a municipality under any provision of section 128 of the Highway Traffic Act that applied, immediately prior to the day of establishment, to any highway or portion thereof within the Regional Area shall continue to apply thereto until a by-law passed by the Regional Council or the council of an area municipality under such section 128 applies thereto. R.S.O. 1990, c. R.8, s. 148 (3).

(4) Repealed: 2000, c. 5, s. 21 (39).

(5) Repealed: 2000, c. 5, s. 21 (39).

PART X
WASTE MANAGEMENT

Definitions

149. In this Part,

“municipality” means a municipality as defined in the Municipal Affairs Act, and a metropolitan, regional or district municipality and the County of Oxford or local board of a metropolitan, regional or district municipality or of the County of Oxford; (“municipalité”)

“participating area municipality” means an area municipality to which a by-law passed under section 150 applies; (“municipalité de secteur participante”)

“waste” means ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse and such other materials as may be designated by by-law passed by the Regional Council; (“déchets”)

“waste management power” means any power conferred by any general or special Act on area municipalities or local boards thereof related to the establishment, maintenance and operation of a waste management system as defined in section 208.1 of the Municipal Act. (“pouvoir de gestion des déchets”) 1993, c. 20, s. 5.

By-law re: waste management

150. (1) A Regional Council may pass a by-law to assume any or all of the waste management powers for all of its area municipalities.

Consent

(2) A Regional Council may, with the consent of the council of an area municipality, by by-law exempt that area municipality from a by-law under subsection (1) but the consent is not required in respect of a repeal of the by-law.

Double majority

(3) If the members of a Regional Council are directly elected, a by-law shall not be passed or repealed under subsection (1) unless,

(a) a majority of all votes on Regional Council are cast in its favour; and

(b) a majority of the councils of all of the area municipalities have given their consent by resolution to the passing or repealing of the by-law.

Same

(4) If the members of a Regional Council are not directly elected, a by-law shall not be passed or repealed under subsection (1) unless,

(a) a majority of all the votes on the Regional Council are cast in its favour; and

(b) at least one Regional Council representative of each of a majority of the area municipalities, other than the chair, votes in its favour.

Interpretation

(5) For the purposes of this section, the members of a Regional Council are directly elected if none of the members, other than the chair and heads of council of area municipalities, are also members of the council of an area municipality. 1993, c. 20, s. 5.

Effect of by-law

151. (1) When a by-law passed under section 150 comes into effect,

(a) the Regional Corporation has all the powers conferred by any general or special Act upon the participating area municipalities or local boards thereof related to the waste management powers assumed by the Regional Corporation;

(b) subject to this section, no municipality under a similar or equivalent power, and no person, shall, within a participating area municipality, provide services or facilities of the type authorized by the waste management powers assumed by the Regional Corporation;

(c) the Regional Corporation may give its consent to a person or to a municipality, other than a participating area municipality, to provide such services or facilities, which consent may be given upon such terms, including the payment of compensation, as may be agreed upon;

(d) despite clause (c), the Regional Council may give its consent to a participating area municipality to provide services or facilities for the reduction, reuse or recycling of waste which consent may be given upon such terms as may be agreed upon, if,

(i) the facility or service was being lawfully provided by the participating area municipality on the effective date of the by-law, or

(ii) the facility or service handles waste generated within the participating area municipality only and the Regional Corporation is not, other than for its own use, providing a similar facility or service for any waste generated within the participating area municipality;

(e) a person may, without the consent of the Regional Council, provide services and facilities for the collection or removal of waste from non-residential properties and residential properties containing more than five dwelling units.

Limitation

(2) Subsection (1) does not apply to prevent any person or municipality which does not form part of the Regional Corporation for municipal purposes or which is not a participating area municipality from providing a waste management service or facility if that waste management service or facility was being lawfully provided on the effective date of the by-law, so long as that waste management service or facility continues to be used for that purpose. 1993, c. 20, s. 5.

Appeal to O.M.B.

152. (1) If consent is refused under subsection 151 (1), or the applicant and the Regional Council fail to agree on the terms related to the consent, the applicant may appeal to the Municipal Board which shall hear and determine the matter.

Decision final

(2) The Municipal Board may impose such conditions as it considers appropriate and the decision of the Municipal Board is final.

No further appeal

(3) Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (2). 1993, c. 20, s. 5.

Transfer of assets, liabilities

153. (1) All rights and obligations and all assets and liabilities of a participating area municipality or local board thereof pertaining to or primarily used in connection with the waste management powers assumed by the Regional Corporation are vested in the Regional Corporation.

Assumption of certain debts

(2) The Regional Corporation shall pay to the participating area municipality or local board thereof on or before the due date all amounts of principal and interest becoming due upon any outstanding debt of that participating area municipality or local board in respect of the waste management powers assumed by the Regional Corporation.

Interest

(3) If the Regional Corporation fails to make any payment required under subsection (2) on or before the due date, the participating area municipality or local board may charge the Regional Corporation interest at the annual rate of 15 per cent, or such lower rate as the area municipality or local board determines, from such date until payment is made.

Transfer of agreements

(4) If a participating area municipality or local board thereof had entered into an agreement with another person or municipality in respect of the waste management power assumed by the Regional Corporation, the Regional Corporation shall be bound by the agreement and the participating area municipality or local board thereof is relieved of all liability under the agreement.

Non-application

(5) This section does not apply with respect to a facility or service under subclause 151 (1) (d) (i),

(a) in the case of a by-law assuming power under section 150 to provide that facility or service, where Regional Council in the by-law gives its consent to an area municipality to provide that facility or service; and

(b) in the case of a deemed by-law under section 160, where the Regional Council on or before January 1, 1997 gives its consent to an area municipality to provide that facility or service. 1993, c. 20, s. 5.

Agreements re: waste management

154. The Regional Council may enter into agreements with any person or municipality for establishing, constructing, operating or managing, at their joint expense and for their joint benefit, any waste management service or facility that is within the jurisdiction of the Regional Council as a result of the passage of the by-law under section 150. 1993, c. 20, s. 5.

Collection of waste management rates

155. (1) Despite any Act, the council of a Regional Corporation may by by-law provide for imposing on and collecting from participating area municipalities for which it is providing waste management services or facilities, a waste management rate sufficient to pay the whole or such portion as the by-law may specify of the capital costs including debenture charges and expenditures for the establishment, maintenance and operation of the waste management services or facilities.

Method

(2) The rate may vary based on the volume, weight or class of waste or on any other basis the council considers appropriate and specifies in the by-law.

Debt to Regional Corporation

(3) All rates under subsection (1) constitute a debt of the participating area municipality to the Regional Corporation and are payable at such times and in such amounts as may be specified by by-law of the Regional Council.

Payment and collection

(4) Despite sections 369 and 374 of the Municipal Act, the participating area municipality may,

(a) pay the whole or part of the amount chargeable to it under this section out of its general funds;

(b) pass by-laws for imposing a rate sufficient to recover the whole or part of the amount chargeable to it under this section in the same manner as by-laws under section 208.5 and clause 208.6 (2) (b) of the Municipal Act; and

(c) include the whole or any part of an amount chargeable to it under this section as part of the cost of an urban service within an urban service area established in the participating area municipality under any general or special Act. 1993, c. 20, s. 5.

Designation

156. (1) If under a by-law passed under section 150, a Regional Corporation assumed the responsibility for providing services or facilities for a part of a waste management system, the Regional Council may, for each participating area municipality, designate one or more of the services or facilities for the management of waste or any class of waste.

Restriction

(2) Where a designation has been made, a participating area municipality shall not utilize any services or facilities except the services or facilities that have been so designated for that area municipality. 1993, c. 20, s. 5.

Dispute resolution

157. (1) If a dispute arises in respect of the vesting of assets, including a reserve fund, or the transfer of agreements under section 153, the Regional Corporation, participating area municipality or local board affected may, by notice in writing to the other affected parties, require the dispute be determined by an arbitrator agreed on by the affected parties.

Decision final

(2) The decision of the arbitrator is final. 1993, c. 20, s. 5.

Regulations

158. (1) The Minister of Municipal Affairs may make regulations defining employee and retired employee and providing for the security of employment and the protection of benefits of employees and retired employees affected by by-laws passed or repealed under this section.

Dispute

(2) If a dispute arises as to whether a regulation under subsection (1) is being properly applied in any particular case, the Regional Corporation, an employee, a retired employee or a bargaining agent may, by notice in writing to the other affected parties, require the dispute be determined by an arbitrator agreed on by the affected parties.

Decision final

(3) The decision of the arbitrator is final. 1993, c. 20, s. 5.

Appointment by Minister

159. If the affected parties cannot agree on an arbitrator within thirty days of notice being given under subsection 157 (1) or 158 (2), the Minister may appoint the arbitrator. 1993, c. 20, s. 5.

Waste reduction power

160. (1) In this section,

“waste reduction power” means a power conferred by any general or special Act on area municipalities or local boards thereof related to the reuse, reduction or recycling of waste, except the power to collect waste for such purposes.

Deemed assumption of powers

(2) On the 1st day of January, 1997, a Regional Council shall be deemed to have passed a by-law under section 150 to assume the waste reduction powers from all of its area municipalities effective on that date.

Earlier assumption

(3) Nothing in subsection (2) prevents a Regional Corporation from passing a by-law assuming all or any part of the waste reduction powers before the 1st day of January, 1997.

No repeal

(4) A Regional Council shall not repeal a deemed by-law under subsection (2).

Niagara excluded

(5) This section does not apply to The Regional Municipality of Niagara. 1993, c. 20, s. 5.

FORM 1

(Section 7 (4))

Oath of Allegiance

I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II (or the reigning sovereign for the time being).

Sworn before me, etc. (Delete if affirmed)

R.S.O. 1990, c. R.8, Form 1.

FORM 2

(Section 7 (4))

Declaration of Qualification by Chair

I, ...................................................., having been elected (or appointed) as chair of the council of The Regional Municipality of .................. declare that:

1. I am a Canadian citizen.

2. I am of the full age of eighteen years.

3. I am not an officer or employee of any area municipality or local board of any area municipality.

4. I have taken the oath of allegiance (Form 1) which I attach hereto.

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Declared before me, etc.

R.S.O. 1990, c. R.8, Form 2.

______________

Français

Regional Municipalities Act, R.S.O. 1990, c. R.8

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