Regional Municipality of Haldimand-Norfolk Act, R.S.O. 1990, c. R.10
Skip to content| repealed on January 1, 2001 |
Regional Municipality of Haldimand-Norfolk Act
R.S.O. 1990, CHAPTER R.10
Note: This Act was repealed on January 1, 2001. See: 1999, c. 14, ss. 2 (2), 7 (2).
Amended by: 1992, c. 15, s. 94; 1993, c. 20, s. 10, 22; 1996, c. 1, Sched. M, s. 36; 1996, c. 32, s. 87; 1997, c. 31, s. 171; 1998, c. 15, Sched. E, s. 34; 1999, c. 14, s. 2 (2).
(NOTE: By Order in Council made July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)
CONTENTS
Sections | |||
|
Definitions |
1 |
|
. . . . . | |||
VI |
General |
38-47 |
|
______________ | |||
Definitions
1.In this Act,
“area municipality” means the municipality or corporation of the Township of Delhi, the City of Nanticoke, the Town of Dunnville, the Town of Haldimand, the Town of Simcoe and the Township of Norfolk; (“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 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 Haldimand-Norfolk; (“Municipalité régionale”)
“Regional Council” means the council of the Regional Corporation. (“conseil régional”) R.S.O. 1990, c. R.10, s. 1.
PART I
AREA MUNICIPALITIES
Area municipalities continued
2.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.10, s. 2.
3.REPEALED: 1996, c. 32, s. 87 (1).
No Board of Control
4.No area municipality shall have a Board of Control. R.S.O. 1990, c. R.10, 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 Haldimand-Norfolk in English and under the name Municipalité régionale de Haldimand-Norfolk in French.
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.
Registry boundaries
(3)Nothing in this Act shall be deemed to alter the boundaries of any registry or land titles division. R.S.O. 1990, c. R.10, s. 5.
6.REPEALED: 1996, c. 32, s. 87 (1).
Quorum, voting
7.(1)Ten 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.
One vote
(2)Subject to subsection (3), each member of the Regional Council has one vote only.
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.10, s. 7.
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.
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. 87 (2).
8.REPEALED: 1997, c. 31, s. 171.
PART III
HYDRO-ELECTRIC SERVICES
Definitions
9.In this Part,
“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 27th day of November, 1984, and established or deemed to be established under Part III of the Public Utilities Act; (“commission municipale”)
“new commission” means a commission continued under section 10; (“nouvelle commission”)
“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.10, s. 9.
Commissions continued
10.(1)The existing hydro-electric commission for each of the Township of Delhi, the Town of Dunnville, the Town of Haldimand, the City of Nanticoke, the Township of Norfolk and the Town of Simcoe is continued. R.S.O. 1990, c. R.10, s. 10 (1).
Deemed commission, etc.
(2)Each new commission shall be deemed to be a commission established under Part III of the Public Utilities Act. R.S.O. 1990, c. R.10, s. 10 (2); 1998, c. 15, Sched. E, s. 34 (1).
Names of commissions
(3)Each new 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. Delhi Hydro-Electric Commission in English and Commission hydroélectrique de Delhi in French.
2. Dunnville Hydro-Electric Commission in English and Commission hydroélectrique de Dunnville in French.
3. Haldimand Hydro-Electric Commission in English and Commission hydroélectrique de Haldimand in French.
4. Nanticoke Hydro-Electric Commission in English and Commission hydroélectrique de Nanticoke in French.
5. Norfolk Hydro-Electric Commission in English and Commission hydroélectrique de Norfolk in French.
6. Simcoe Hydro-Electric Commission in English and Commission hydroélectrique de Simcoe in French.
Composition
(4)Each new 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 and who are served by the new commission on the date of their election or appointment to the new commission.
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 new commission in respect of the area municipality shall be two or four.
Additional members of commissions
(6)The additional members of each new 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, 1985 the council of the area municipality has provided by by-law that the additional members shall be elected by a general vote of those electors of the area municipality who reside within or are owners or tenants of land within the area served by the commission or that the additional members shall be appointed by the council.
Eligibility of members of council
(7)Members of the council of the area municipality served by a new commission may be members of the new commission, but the members of the council shall not form a majority of the new commission.
Term of office
(8)A member of a new commission shall hold office for the same term as the members of council or until his or her successor is elected or appointed.
Delegates
(9)The council of an area municipality served by a new 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.
Resignations
(10)A resignation from the council of an area municipality of a member of the council who is a member of a new commission shall be deemed to be a resignation from both the council and the new commission. R.S.O. 1990, c. R.10, s. 10 (3-10).
Powers of commissions
11.(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 new commission continued in respect of the area municipality and not by the council of any municipality or any other person.
Right to distribute and supply power
(2)Each new commission has the sole right to distribute and supply power within the area municipality in respect of which the new commission is continued.
Exception to right to distribute and supply power
(3)The right of a new commission to distribute and supply power is subject to any subsisting contracts for the supply of power made under section 69 of the Power Corporation Act, being chapter 384 of the Revised Statutes of Ontario, 1980. R.S.O. 1990, c. R.10, s. 11 (1-3).
Contract for purchase or transmission
(4)A commission may without electoral assent or other approval or authorization contract for the purchase of electricity with the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 or for the transmission of electricity with the corporation designated as the Ontario Electric Services Corporation for the purposes of that Act.
Subsidiaries included
(4.1)For the purposes of subsection (4), a reference to a corporation is deemed to include a subsidiary of that corporation. 1998, c. 15, Sched. E, s. 34 (2).
(5), (6)Repealed: 1998, c. 15, Sched. E, s. 34 (3).
Direct customers: retail
(7)With the consent of a new commission, the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 or its subsidiary may retail electricity directly to customers in the area municipality in respect of which the new commission is continued.
Direct customers: distribution
(8)With the consent of a new commission, the corporation designated as the Ontario Electric Services Corporation for the purposes of the Electricity Act, 1998 or its subsidiary may distribute electricity directly to customers in the area municipality in respect of which the new commission is continued.
Repeal
(9)Subsections (2), (3), (4), (4.1), (7) and (8) are repealed on the day that subsection 26 (1) of the Electricity Act, 1998 comes into force. 1998, c. 15, Sched. E, s. 34 (4).
12.Repealed: 1998, c. 15, Sched. E, s. 34 (5).
Continuation re certain areas
13.(1)Subject to the conditions of their licences issued under the Ontario Energy Board Act, 1998, the corporation designated as the Ontario Electricity Generation Corporation for the purposes of the Electricity Act, 1998 shall supply, and the corporation designated as the Ontario Electric Services Corporation for the purposes of the Electricity Act, 1998 shall distribute, power in those areas of each area municipality, other that the Town of Simcoe, that Ontario Hydro served immediately before the coming into force of subsection 34 (6) of Schedule E to the Energy Competition Act, 1998.
Subsidiaries included
(1.1)For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation.
Repeal
(1.2)Subsections (1) and (1.1) are repealed on the day that subsection 26 (1) of the Electricity Act, 1998 comes into force. 1998, c. 15, Sched. E, s. 34 (6).
(2), (3)Repealed: 1998, c. 15, Sched. E, s. 34 (7).
Real property held in trust
14.(1)All real property under the control and management of a new commission shall be held by the new commission in trust for the area municipality served by the new commission. R.S.O. 1990, c. R.10, s. 14 (1).
Disposition of real property
(2)Where a new 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 new commission and the area municipality served by the new commission, the real property may be disposed of as follows:
1. In the event that the area municipality served by the new commission wishes in good faith to use the real property for a municipal purpose, it shall compensate the new commission for the real property at its actual cost, less accrued depreciation as shown on the books of the new 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 new commission does not wish to use the real property in accordance with paragraph 1, the new 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 new commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. R.10, s. 14 (2); 1998, c. 15, Sched. E, s. 34 (8).
Borrowing
15.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 new commission. R.S.O. 1990, c. R.10, s. 15.
PART IV
HEALTH AND WELFARE
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.10, 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.
Hospital costs form part of regional levy
(2)Despite any general or special Act, payments made under subsection (1) shall form part of the levy under section 27.
Regional Corporation board of health
(3)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.10, s. 17.
Regional Corporation deemed city under certain Acts
18.(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.
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.10, s. 18.
Liability for homes for aged
19.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.10, s. 19.
Where area municipality not municipality
20.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.10, s. 20.
Information
21.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 Act. R.S.O. 1990, c. R.10, s. 21.
Adjustments
22.In the event that 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.10, s. 22.
Grants, etc., to approved corporations
23.The Regional Corporation may grant aid to approved corporations established under the Homes for Retarded Persons Act, and may enter into agreements with any of such corporations with respect to the construction, operation and maintenance of homes for retarded persons. R.S.O. 1990, c. R.10, s. 23.
PART V (ss. 24.-37.)REPEALED: 1992, c. 15, s. 94.
PART VI
GENERAL
Salvage shops; auctioneers
38.(1)Section 233 and paragraph 7 of subsection 234 (1) of the Municipal Act, as they read on the day before the Savings and Restructuring Act, 1996 received Royal Assent, apply with necessary modifications to the Regional Corporation and no area municipality shall exercise any such powers. R.S.O. 1990, c. R.10, s. 38 (1); 1996, c. 1, Sched. M, s. 36.
Public transportation systems, refuse disposal, entertainment expenses, etc.
(2)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.
Delegation of approval
(3)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.
Vesting of transportation system assets in Regional Corporation
(4)In the event that the Regional Corporation establishes a transportation system in accordance with the provisions of subsection (2), 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.
Default
(5)Where the Regional Corporation fails to make any payment required by subsection (4) 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.10, s. 38 (2-5).
Licensing by-laws may be passed by councils of cities
39.The council of any city in the Regional Area 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.10, s. 39.
Expenditures for diffusing information
40.(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.
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 no area municipality shall exercise any such powers save and except in respect of those lands acquired or held by a local municipality on or before the 31st day of March, 1974. R.S.O. 1990, c. R.10, s. 40.
Definition
41.(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.10, s. 41 (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.10, s. 41 (2).
Powers, etc.
(3)For the purposes of subsection (2),
(a) 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; and
(b) all waste facilities and lands of a local municipality, to the extent they were used for such purposes on the 1st day of January, 1974, continue to be vested in the Regional Corporation without compensation.
Designation
(3.1)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.
Restriction
(3.2)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. 10 (1).
Payments of principal and interest to area municipalities
(4)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 assumed by the Regional Corporation under subsection (3).
Default
(5)If the Regional Corporation fails on or before the due date to make any payment required by subsection (4), 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.10, s. 41 (4, 5).
By-law not applicable
(6)A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the Regional Corporation. 1993, c. 20, s. 10 (2).
Agreement successor rights
42.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 April, 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.10, s. 42.
Recreation and parks management board
43.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.10, s. 43.
Acquiring land for parks, etc.
44.(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.
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.
Joint acquisition of parks
(3)Paragraph 54 of section 207 of the Municipal Act applies with necessary modifications to the Regional Corporation.
Application of certain Acts
(4)The Regional Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance Act and the Regional Council shall be deemed to be a recreation committee for the purposes of the Ministry of Tourism and Recreation Act and a board of a community recreation centre for the purposes of the Community Recreation Centres Act.
Public 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; and
(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.
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.10, s. 44.
Public library boards
45.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.10, s. 45.
Application of Ontario Water Resources Act
46.(1)For the purposes of sections 76 and 77 of the Ontario Water Resources Act, the Regional Corporation shall be deemed to be a county and the area municipalities shall be deemed to be the local municipalities that form part of the county for municipal purposes and, for the purposes of sections 75 and 78 of the said Act, the Regional Corporation shall be deemed to be a municipality.
Plumbing inspection fees
(2)Paragraph 87 of section 210 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.10, s. 46.
Application of Regional Municipalities Act
47.Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Haldimand-Norfolk as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.10, s. 47.
______________