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Regional Municipality of Durham Act

R.S.O. 1990, CHAPTER R.9

Note: This Act was repealed on January 1, 2003.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

Amended by: 1992, c. 15, ss. 71, 94; 1993, c. 3; 1993, c. 20, ss. 9, 22; 1994, c. 23, s. 91; 1996, c. 32, s. 86; 1997, c. 5, s. 70; 1997, c. 26, Sched.; 1997, c. 31, s. 170; 1998, c. 15, Sched. E, s. 33; 2001, c. 13, s. 24; 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

PART I
AREA MUNICIPALITIES

2.

Area municipalities continued

4.

No Board of Control

PART II
INCORPORATION AND COUNCIL OF REGIONAL AREA

5.

Regional Corporation continued

6.

Composition of Regional Council

7.

Quorum, voting

PART III
MUNICIPAL HYDRO-ELECTRIC SERVICE

8.

Definitions

9.

Commissions continued

10.

Powers of commissions

13.

Real property held in trust

14.

Borrowing

15.

Oshawa bus transportation system

PART IV
HEALTH AND WELFARE SERVICES

16.

Liability for hospitalization of indigents

17.

Responsibility of Regional Corporation re hospital aid

18.

Regional Corporation board of health

19.

Regional Corporation deemed city under certain Acts

20.

Liability for homes for aged

20.1

Trust fund disbursement

21.

Where area municipality not municipality

22.

Information

23.

Adjustments

24.

Powers re facilities

PART VI
GENERAL

33.

Public transportation systems, refuse disposal, entertainment expenses, etc.

34.

Expenditures for diffusing information

35.

County of Northumberland continued

36.

Definition

37.

Agreement successor rights

41.

Council deemed recreation committee, etc.

42.

Acquiring land for parks, etc.

43.

Public library boards

44.

Power of city in Regional Area to pass by-laws

45.

Application of Regional Municipalities Act

Definitions

1.  In this Act,

“area municipality” means the municipality or corporation of the City of Oshawa, the Town of Ajax, the Municipality of Clarington, the Town of Pickering, the Town of Whitby, the Township of Brock, the Township of Scugog and the Township of Uxbridge; (“municipalité de secteur”)

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

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

“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 the 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 became an area municipality or portion thereof upon the constitution of the Regional Corporation; (“municipalité locale”)

“merged area” means a local municipality that was amalgamated with another local municipality or a part of a local municipality that was annexed to a local municipality to constitute an area municipality, or a local municipality or part of a local municipality that was constituted an area municipality, or the local municipality to which such part was annexed; (“secteur fusionné”)

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

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

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

“Regional Area” means the area from time to time included within the area municipalities; (“secteur régional”)

“Regional Corporation” means The Regional Municipality of Durham; (“Municipalité régionale”)

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

“regional road” means a road forming part of the regional road system continued under Part III of the Regional Municipalities Act. (“route régionale”) R.S.O. 1990, c. R.9, s. 1; 1993, c. 3, s. 2.

PART I
AREA MUNICIPALITIES

Area municipalities continued

2.  (1)   The area municipalities are continued with the same name, status and boundaries as they had on the 31st day of December, 1990. R.S.O. 1990, c. R.9, s. 2.

Municipality of Clarington

(2)  On the 1st day of July, 1993, The Corporation of the Town of Newcastle is continued as a town municipality under the name The Corporation of the Municipality of Clarington in English and municipalité de Clarington in French. 1993, c. 3, s. 1.

3.  Repealed: 1996, c. 32, s. 86 (1).

No Board of Control

4.  No area municipality shall have a Board of Control. R.S.O. 1990, c. R.9, s. 4.

PART II
INCORPORATION AND COUNCIL
OF REGIONAL AREA

Regional Corporation continued

5.  (1)  The inhabitants of the Regional Area are continued as a body corporate under the name of The Regional Municipality of Durham in English and under the name Municipalité régionale de Durham in French. R.S.O. 1990, c. R.9, s. 5 (1).

Deemed municipality

(2)  The Regional Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act. R.S.O. 1990, c. R.9, s. 5 (2).

Composition of Regional Council

6.  The Regional Council shall consist of 29 members composed of a chair and,

(a) the mayor of each area municipality;

(b) seven members of the council of the area municipality of the City of Oshawa who have been elected as members of the Regional Council and of the council of such area municipality;

(c) two members of the council of the area municipality of the Town of Ajax who have been elected as members of the Regional Council and of the council of such area municipality;

(d) two members of the council of the area municipality of the Municipality of Clarington who have been elected as members of the Regional Council and of the council of such area municipality;

(e) three members of the council of the area municipality of the Town of Pickering who have been elected as members of the Regional Council and of the council of such area municipality;

(f) three members of the council of the area municipality of the Town of Whitby who have been elected as members of the Regional Council and of the council of such area municipality;

(g) one member of the council of the area municipality of the Township of Brock who has been elected as a member of the Regional Council and of the council of such area municipality;

(h) one member of the council of the area municipality of the Township of Scugog who has been elected as a member of the Regional Council and of the council of such area municipality;

(i) one member of the council of the area municipality of the Township of Uxbridge who has been elected as a member of the Regional Council and of the council of such area municipality. R.S.O. 1990, c. R.9, s. 6; 1993, c. 3, s. 2; 1996, c. 32, s. 86 (2).

Quorum, voting

7.  (1)  Seventeen members of the Regional Council representing at least four area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. R.S.O. 1990, c. R.9, s. 7 (1).

One vote

(2)  Subject to subsection (3), each member of the Regional Council has one vote only. R.S.O. 1990, c. R.9, s. 7 (2).

Chair, vote

(3)  The chair does not have a vote except in the event of an equality of votes. R.S.O. 1990, c. R.9, s. 7 (3).

Quorum if size and composition changed

(4)  Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum. 1996, c. 32, s. 86 (3).

By-law re quorum

(5)  Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 86 (3).

PART III
MUNICIPAL HYDRO-ELECTRIC SERVICE

Definitions

8.  In this Part,

“commission” means a hydro-electric commission continued under section 9; (“commission”)

“municipal commission” means a hydro-electric commission or public utilities commission entrusted with the control and management of works for the retail distribution and supply of power in the Regional Area immediately before the 22nd day of June, 1979 and established or deemed to be established under Part III of the Public Utilities Act; (“commission municipale”)

“power” means electrical power and includes electrical energy; (“électricité”)

“retail”, when used in relation to the distribution and supply of power, refers to the distribution and supply of power at voltages less than 50 kilovolts, but does not refer to works located within a transformer station that transform power from voltages greater than 50 kilovolts to voltages less than 50 kilovolts. (“détail”) R.S.O. 1990, c. R.9, s. 8.

Commissions continued

9.  (1)  The hydro-electric commission established by The Durham Municipal Hydro-Electric Service Act, 1979, being chapter 71, for each area municipality is continued. R.S.O. 1990, c. R.9, s. 9 (1).

Deemed commission, etc.

(2)  Each commission shall be deemed to be a commission established under Part III of the Public Utilities Act. R.S.O. 1990, c. R.9, s. 9 (2); 1998, c. 15, Sched. E, s. 33 (1).

Names of commissions

(3)  Each commission shall be known by the name set out below that relates to the area municipality in respect of which the commission is continued:

1. Ajax Hydro-Electric Commission in English and Commission hydroélectrique d’Ajax in French.

2. Brock Hydro-Electric Commission in English and Commission hydroélectrique de Brock in French.

3. Clarington Hydro-Electric Commission in English and Commission hydroélectrique de Clarington in French.

4. Oshawa Public Utilities Commission in English and Commission des services publics d’Oshawa in French.

5. Pickering Hydro-Electric Commission in English and Commission hydroélectrique de Pickering in French.

6. Scugog Hydro-Electric Commission in English and Commission hydroélectrique de Scugog in French.

7. Uxbridge Hydro-Electric Commission in English and Commission hydroélectrique d’Uxbridge in French.

8. Whitby Hydro-Electric Commission in English and Commission hydroélectrique de Whitby in French. R.S.O. 1990, c. R.9, s. 9 (3); 1993, c. 3, s. 3.

Composition

(4)  Each commission shall consist of the mayor of the area municipality in respect of which the commission is continued and additional members who are qualified electors under the Municipal Elections Act in the area municipality. R.S.O. 1990, c. R.9, s. 9 (4).

When area municipality may determine size of commission

(5)  Except as otherwise provided in this Part, the council of each area municipality shall determine by by-law whether the number of additional members of the commission continued in respect of the area municipality shall be two or four. R.S.O. 1990, c. R.9, s. 9 (5).

Additional members of commissions

(6)  The additional members of each commission shall be elected by a general vote of the electors of the area municipality served by the commission, unless before the 1st day of July, 1980 or, for the Pickering Hydro-Electric Commission, the 1st day of July, 1982, the council of the area municipality has provided by by-law that the additional members shall be appointed by the council or that the additional members shall be elected by wards. R.S.O. 1990, c. R.9, s. 9 (6).

Election by wards

(7)  Where, under subsection (6), the council of an area municipality provides that the additional members shall be elected by wards and the number of additional members is greater than the number of wards, one of the additional members shall be elected from each ward and the balance of the additional members shall be elected by general vote of the electors in the area municipality. R.S.O. 1990, c. R.9, s. 9 (7).

Idem

(8)  Despite subsection (6), where the number of additional members is less than the number of wards, the council of the area municipality shall not provide that the additional members be elected by wards. R.S.O. 1990, c. R.9, s. 9 (8).

Eligibility of members of council

(9)  Members of the council of the area municipality served by a commission may be members of the commission, but the members of the council shall not form a majority of the commission. R.S.O. 1990, c. R.9, s. 9 (9).

Term of office

(10)  A member of a commission shall hold office for the same term as the members of council or until his or her successor is elected or appointed. R.S.O. 1990, c. R.9, s. 9 (10).

Delegates

(11)  The council of an area municipality served by a commission may, by by-law passed with the written consent of the mayor, appoint a delegate from among the members of the council to represent the mayor on the commission. R.S.O. 1990, c. R.9, s. 9 (11).

Resignations

(12)  A resignation from the council of an area municipality of a member of the council who is a member of a commission shall be deemed to be a resignation from both the council and the commission. R.S.O. 1990, c. R.9, s. 9 (12).

Powers of commissions

10.  (1)  Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation in respect of power shall be exercised on behalf of each area municipality by the commission continued in respect of the area municipality and not by the council of any municipality or any other person. R.S.O. 1990, c. R.9, s. 10 (1).

(2)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(3)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(4)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(4.1)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(5)  Repealed: 1998, c. 15, Sched. E, s. 33 (4).

(6)  Repealed: 1998, c. 15, Sched. E, s. 33 (4).

(7)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(8)  Repealed: R.S.O. 1990, c. R.9, s. 10 (9). See: 1998, c. 15, Sched. E, s. 33 (5).

(9)  Spent: 1998, c. 15, Sched. E, s. 33 (5).

11.  (1)  Repealed: R.S.O. 1990, c. R.9, s. 11 (1.2). See: 1998, c. 15, Sched. E, s. 33 (6).

(1.1)  Repealed: R.S.O. 1990, c. R.9, s. 11 (1.2). See: 1998, c. 15, Sched. E, s. 33 (6).

(1.2)  Spent: 1998, c. 15, Sched. E, s. 33 (6).

(2)  Repealed: 1998, c. 15, Sched. E, s. 33 (7).

(3)  Repealed: 1998, c. 15, Sched. E, s. 33 (7).

12.  Repealed: 1998, c. 15, Sched. E, s. 33 (8).

Real property held in trust

13.  (1)  All real property under the control and management of a commission shall be held by the commission in trust for the area municipality served by the commission. R.S.O. 1990, c. R.9, s. 13 (1).

Disposition of real property

(2)  Where a commission is of the opinion, and so declares by resolution, that any real property under its control and management is not required for its purposes, unless otherwise agreed upon by the commission and the area municipality served by the commission, the real property may be disposed of as follows:

1. In the event that the area municipality served by the commission wishes in good faith to use the real property for a municipal purpose, it shall compensate the commission for the real property at its actual cost, less accrued depreciation as shown on the books of the commission or the assessed value of the real property, whichever is the greater, and when the municipality in good faith no longer wishes to use the real property for a municipal purpose, the area municipality may sell, lease or otherwise dispose of the real property and may retain the proceeds of the sale, lease or disposition as municipal funds.

2. In the event that the municipality served by the commission does not wish to use the real property in accordance with paragraph 1, the commission shall, as soon as practicable, sell, lease or otherwise dispose of the real property at fair market value on behalf of the municipality and the net proceeds derived from the sale, lease or other disposition of the real property or the compensation paid therefor under this subsection shall be received by the commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. R.9, s. 13 (2); 1998, c. 15, Sched. E, s. 33 (9).

Borrowing

14.  Except as otherwise provided in this Part, sections 111 to 135 of the Regional Municipalities Act apply with necessary modifications to any borrowing for the purposes of a commission. R.S.O. 1990, c. R.9, s. 14.

Oshawa bus transportation system

15.  (1)  The control and management of the bus transportation system formerly operated by the Public Utilities Commission of the City of Oshawa is entrusted to the Oshawa Public Utilities Commission. R.S.O. 1990, c. R.9, s. 15 (1).

Application of certain provisions

(2)  Sections 59 and 63 of the Regional Municipality of Durham Act, being chapter 434 of the Revised Statutes of Ontario, 1980, apply with necessary modifications in respect of the bus transportation system operated by the Public Utilities Commission of the City of Oshawa. R.S.O. 1990, c. R.9, s. 15 (2).

Application of private Act

(3)  The City of Oshawa Act, 1960 applies with necessary modifications in respect of the bus transportation system referred to in subsection (1) and for the purpose, a reference in The City of Oshawa Act, 1960 to the Commission shall be deemed to be a reference to the Oshawa Public Utilities Commission. R.S.O. 1990, c. R.9, s. 15 (3).

PART IV
HEALTH AND WELFARE SERVICES

Liability for hospitalization of indigents

16.  The Regional Corporation shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act and the Private Hospitals Act respecting hospitalization and burial of indigent persons and their dependants, and no area municipality has any liability under such provisions. R.S.O. 1990, c. R.9, s. 16.

Responsibility of Regional Corporation re hospital aid

17.  (1)  The Regional Corporation shall pay to any area municipality, on or before the due date, all amounts of principal and interest becoming due upon any outstanding indebtedness of the area municipality in respect of aid granted by a local municipality prior to the 1st day of January, 1974, for the construction, erection, establishment, acquisition, maintenance, equipping and carrying on of the business of public hospitals including municipal hospitals and other health care facilities in the Regional Area, and, if the Regional Corporation fails to pay such amounts 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. R.S.O. 1990, c. R.9, s. 17 (1).

Hospital costs form part of regional levy

(2)  Despite any general or special Act, payments made under this section shall form part of the levy under section 28. R.S.O. 1990, c. R.9, s. 17 (2).

Regional Corporation board of health

18.  The Regional Corporation has all the powers, rights and duties of a board of health under the Health Protection and Promotion Act. R.S.O. 1990, c. R.9, s. 18.

Regional Corporation deemed city under certain Acts

19.  (1)  For the purposes of the following Acts, the Regional Corporation shall be deemed to be a city and no area municipality shall be deemed to be a municipality:

1. Anatomy Act.

2. Mental Hospitals Act.

3. War Veterans Burial Act. R.S.O. 1990, c. R.9, s. 19 (1).

Regional Corporation deemed county under certain Acts

(2)  For the purposes of the following Acts, the Regional Corporation shall be deemed to be a county and no area municipality shall be deemed to be a municipality:

1. Day Nurseries Act.

2. General Welfare Assistance Act.

3. Homemakers and Nurses Services Act. R.S.O. 1990, c. R.9, s. 19 (2).

Liability for homes for aged

20.  The Regional Corporation shall be deemed to be a county for the purposes of the Homes for the Aged and Rest Homes Act, and no area municipality has any authority as to the establishment, erection and maintenance of a home for the aged under such Act. R.S.O. 1990, c. R.9, s. 20.

Trust fund disbursement

20.1  The trust fund, composed of undisbursed interest accumulated before the 1st day of July, 1987 on the trust accounts of residents of the home for the aged known as Hillsdale Manor, is vested in the Regional Corporation for distribution of both the fund and interest accruing on it by the Regional Council in its absolute discretion for the general benefit of the Home’s residents, but no expenditure shall be made for the ordinary operation and maintenance of the Home. 1992, c. 15, s. 71.

Where area municipality not municipality

21.  No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act. R.S.O. 1990, c. R.9, s. 21.

Information

22.  Every area municipality and every officer or employee thereof shall, at the request of the officers of the Regional Corporation who are responsible for the administration of the Acts referred to in this Part, furnish forthwith to such officers any information they may require for the purposes of this Part. R.S.O. 1990, c. R.9, s. 22.

Adjustments

23.  In the event there is any doubt as to whether the Regional Corporation is liable under this Part in respect of the liabilities imposed herein, the matter may be settled by agreement between the municipalities concerned or, failing agreement, may be determined by the Municipal Board. R.S.O. 1990, c. R.9, s. 23.

Powers re facilities

24.  (1)  The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility. 2001, c. 13, s. 24.

Same

(2)  Subsection (1) applies to a corporation without share capital having objects of a charitable nature,

(a) to which Part III of the Corporations Act applies; or

(b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 24.

PART V (ss. 25-32) Repealed: 1997, c. 5, s. 70.

25.  Repealed: 1997, c. 5, s. 70.

26.  Repealed: 1997, c. 5, s. 70.

27.  Repealed: 1997, c. 5, s. 70.

28.  Repealed: 1997, c. 5, s. 70.

29.  Repealed: 1997, c. 5, s. 70.

30.  Repealed: 1997, c. 5, s. 70.

31.  Repealed: 1997, c. 5, s. 70.

32.  Repealed: 1997, c. 5, s. 70.

PART VI
GENERAL

Public transportation systems, refuse disposal, entertainment expenses, etc.

33.  (1)  The Regional Corporation shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210 and section 257 of the Municipal Act applies with necessary modifications. R.S.O. 1990, c. R.9, s. 33 (1).

Delegation of approval

(2)  Despite any other provision in this Act, the Regional Council may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 28 (2) of the Regional Municipalities Act and any such by-law may prescribe terms and conditions under which any such approval or consent may be granted. R.S.O. 1990, c. R.9, s. 33 (2).

Vesting of transportation system assets in Regional Corporation

(3)  In the event that the Regional Corporation establishes a transportation system in accordance with subsection (1), no area municipality shall operate such a system and all the assets and liabilities of any area municipality used for a public transportation system vest in the Regional Corporation on the day such regional transportation system is established, without compensation, and 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 any such assets. R.S.O. 1990, c. R.9, s. 33 (3).

Default

(4)  Where the Regional Corporation fails to make any payment required by subsection (3) 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. R.S.O. 1990, c. R.9, s. 33 (4).

Expenditures for diffusing information

34.  (1)  The Regional Corporation may make expenditures for the purpose of diffusing information respecting the advantages of the Regional Municipality as an industrial, business, educational, residential or vacation centre. R.S.O. 1990, c. R.9, s. 34 (1).

Industrial sites; publicity expenditures

(2)  Paragraph 57 of section 210 and paragraph 22 of section 207 of the Municipal Act apply with necessary modifications to the Regional Corporation, and, subject to subsection (3), no area municipality shall exercise any such powers, except in respect of those lands acquired or held by a local municipality on or before the 31st day of December, 1973. R.S.O. 1990, c. R.9, s. 34 (2); 1994, c. 23, s. 91.

Delegation of authority

(3)  The Regional Council may authorize, for such period and on such terms and conditions as the Regional Council considers desirable, the council of an area municipality to exercise the powers conferred on the council of a municipality by paragraph 22 of section 207 of the Municipal Act. R.S.O. 1990, c. R.9, s. 34 (3).

County of Northumberland continued

35.  The inhabitants of the County of Northumberland together with the inhabitants of the Township of Hope and the Town of Port Hope are continued as a body corporate under the name of The Corporation of the County of Northumberland in English and under the name of Le comté de Northumberland in French. R.S.O. 1990, c. R.9, s. 35.

Definition

36.  (1)  In this section,

“waste” includes ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse, and such other materials as may be designated by by-law of the Regional Council. R.S.O. 1990, c. R.9, s. 36 (1); 1993, c. 20, s. 22 (1).

Receiving and disposing of waste by Regional Corporation

(2)  The Regional Corporation shall provide facilities for the purpose of receiving, dumping and disposing of waste and no area municipality shall provide such facilities. R.S.O. 1990, c. R.9, s. 36 (2).

Where consent of Regional Council required

(3)  No facilities for the receiving, dumping and disposing of waste shall be provided in the Regional Area by any person or by any municipality, as defined in the Municipal Affairs Act, or by any other regional municipality or by a metropolitan municipality or by a local board of a regional or metropolitan municipality without the consent of the Regional Council, which consent may be given upon such terms and conditions, including the payment of such compensation, as may be agreed upon. R.S.O. 1990, c. R.9, s. 36 (3).

Appeal to O.M.B.

(4)  Where the Regional Council refuses its consent under subsection (3), or the applicant therefor and the Regional Council fail to agree on the terms and conditions related to such consent, the applicant may appeal to the Municipal Board who shall hear and determine the matter, and the Board may impose such terms and conditions as the Board considers appropriate and the decision of the Board is final. R.S.O. 1990, c. R.9, s. 36 (4).

Powers of Regional Corporation

(5)  For the purposes of subsection (2), the Regional Corporation may,

(a) Repealed: 1993, c. 20, s. 9 (1).

(b) Repealed: 1993, c. 20, s. 9 (1).

(c) Repealed: 1993, c. 20, s. 9 (1).

(d) Repealed: 1993, c. 20, s. 9 (1).

(e) Repealed: 1993, c. 20, s. 9 (1).

(f) provide standards and regulations for vehicles or any class or classes thereof, used for the haulage of waste to any waste facility located in the Regional Area. R.S.O. 1990, c. R.9, s. 36 (5); 1993, c. 20, s. 9 (1).

Powers, etc.

(5.1)  For the purposes of subsection (2), sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Regional Corporation. 1993, c. 20, s. 9 (2).

Designation

(5.2)  The Regional Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste. 1993, c. 20, s. 9 (2).

Restriction

(5.3)  Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 9 (2).

Non-application of refuse disposal control by-law

(6)  A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the Regional Corporation. R.S.O. 1990, c. R.9, s. 36 (6).

Waste facilities, etc., vested in Regional Corporation

(7)  All waste facilities and lands of a local municipality, to the extent that they were used for the purposes of receiving, dumping and disposing of waste on the 1st day of January, 1974, are vested in the Regional Corporation without compensation. R.S.O. 1990, c. R.9, s. 36 (7).

Routes on regional roads

(8)  The Regional Council may by by-law prescribe one or more routes on specified regional roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in the Regional Area, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.9, s. 36 (8).

Routes on area municipality roads

(9)  Subject to the approval of the Regional Council, the council of an area municipality may by by-law prescribe one or more routes on specified area municipality roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in such area municipality, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.9, s. 36 (9).

Payment of outstanding debt

(10)  The Regional Corporation shall pay to the corporation of any area municipality on or 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 that vested in the Regional Corporation under subsection (7) or a predecessor thereof. R.S.O. 1990, c. R.9, s. 36 (10).

Default

(11)  If the Regional Corporation fails on or before the due date to make any payment 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.9, s. 36 (11).

Settling of doubts by O.M.B.

(12)  In the event of any doubt as to whether any outstanding debt or portion thereof was incurred in respect of any property vested in the Regional Corporation under this section, the Municipal Board may determine the matter and such determination is final and binding. R.S.O. 1990, c. R.9, s. 36 (12).

(13)  Repealed: 1993, c. 20, s. 9 (3).

Powers of Regional Corporation re manufacture and sale of products, commodities, etc., derived from waste

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

(a) enter into agreements with any person;

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

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

(d) acquire any patent or licence or any interest in any patent or licence, or dispose of any patent or licence by sale or otherwise. R.S.O. 1990, c. R.9, s. 36 (14).

Municipal Franchises Act

(15)  The Municipal Franchises Act does not apply to any act of the Regional Corporation under subsection (14). R.S.O. 1990, c. R.9, s. 36 (15).

Agreement successor rights

37.  (1)  Where any agreement has been entered into by a local municipality, providing the terms thereof are not inconsistent with this Act, the Regional Corporation or the appropriate area municipality shall on and after the 1st day of January, 1974, be deemed to stand in the place and stead of such local municipality in so far as the agreement pertains to the functions of the Regional Corporation or area municipality. R.S.O. 1990, c. R.9, s. 37 (1).

Definitions

(2)  For the purpose of subsection (1),

“Regional Corporation” and “area municipality” shall be deemed to include the City of Toronto. 1997, c. 26, Sched.

38.  Repealed: 1997, c. 31, s. 170.

39.  Repealed: 1997, c. 31, s. 170.

40.  Repealed: 1997, c. 31, s. 170.

Council deemed recreation committee, etc.

41.  The council of an area municipality shall be deemed to be a recreation committee under the Ministry of Tourism and Recreation Act and the regulations thereunder, and a board of a community recreation centre under the Community Recreation Centres Act. R.S.O. 1990, c. R.9, s. 41.

Acquiring land for parks, etc.

42.  (1)  The Regional Council may pass by-laws for acquiring land for and establishing, laying out and improving and maintaining public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives in the Regional Area and for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act. R.S.O. 1990, c. R.9, s. 42 (1).

Sale of spirituous, etc., liquors in parks

(2)  In addition to the powers that may be exercised under subsection (1), the Regional Council has power to let from year to year, or for any time not exceeding ten years, the right to sell, subject to the Liquor Licence Act, and the regulations made thereunder, spirituous, fermented or intoxicating liquors within regional parks under such regulations as the Regional Council may prescribe. R.S.O. 1990, c. R.9, s. 42 (2).

Joint acquisition of parks

(3)  Paragraph 54 of section 207 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.9, s. 42 (3).

Application of Parks Assistance Act

(4)  The Regional Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act. R.S.O. 1990, c. R.9, s. 42 (4).

Park lands owned by conservation authority

(5)  Where, under an agreement with any conservation authority, lands vested in the conservation authority are managed and controlled by the Regional Corporation, the Regional Corporation may,

(a) exercise all or any of the powers conferred on it under subsection (1) in respect of such lands;

(b) lay out, construct and maintain roads on such lands and, with the consent of the area municipality in which such lands, or any part thereof, are situate, assume the maintenance of existing roads on such lands, or any part thereof;

(c) subject to the Highway Traffic Act, regulate traffic on such roads and prescribe the rate of speed for motor vehicles driven on such roads in accordance with subsection 128 (4) of the Highway Traffic Act. R.S.O. 1990, c. R.9, s. 42 (5).

Payment in lieu of taxes

(6)  The Regional Council may agree to pay annually to the area municipality in which any land used for the purposes set out in subsection (1) is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation. R.S.O. 1990, c. R.9, s. 42 (6).

Regional Council deemed community recreation centre board, etc.

(7)  The Regional Council shall be deemed to be a recreation committee under the Ministry of Tourism and Recreation Act and the regulations thereunder and a board of a community recreation centre under the Community Recreation Centres Act. R.S.O. 1990, c. R.9, s. 42 (7).

Public library boards

43.  Despite the Public Libraries Act, the Minister may by order provide for the establishment of a public library board in any area municipality and for the transfer of any assets and liabilities of any former public library board to such new board. R.S.O. 1990, c. R.9, s. 43.

Power of city in Regional Area to pass by-laws

44.  The council of the City of Oshawa may pass any by-law that a police services board of a city is authorized to pass under the Municipal Act. R.S.O. 1990, c. R.9, s. 44.

Application of Regional Municipalities Act

45.  Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Durham as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.9, s. 45.

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