Regional Municipality of Hamilton-Wentworth Act, R.S.O. 1990, c. R.12
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Regional Municipality of Hamilton-Wentworth Act
R.S.O. 1990, CHAPTER R.12
Note: This Act was repealed on January 1, 2001. See: 1999, c. 14, ss. 3 (2), 7 (2).
Amended by: 1991, c. 15, s. 34; 1992, c. 15, s. 94; 1993, c. 20, ss. 12, 22; 1994, c. 37, s. 9; 1996, c. 9, ss. 30, 31; 1996, c. 32, s. 89; 1997, c. 5, s. 72; 1997, c. 29, s. 67; 1997, c. 31, s. 173; 1998, c. 15, Sched. E, s. 36; 1999, c. 14, s. 3 (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
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Definitions |
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Part |
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I II III IV VI VII |
Area Municipalities Incorporation and Council of Regional Area Electrical Service Areas Health and Welfare Services . . . . . Public Transportation System General |
2, 3 9-17 18-26 35-45 46-59 |
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Definitions
1.In this Act,
“area municipality” means the municipality or corporation of the City of Hamilton, the Town of Dundas, the City of Stoney Creek, the Town of Ancaster, the Town of Flamborough and the Township of Glanbrook; (“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, 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 in 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 portion of a local municipality constituted as 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 Hamilton-Wentworth; (“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.12, 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.12, s. 2.
3.REPEALED: 1996, c. 32, s. 89 (1).
PART II
INCORPORATION AND COUNCIL
OF REGIONAL AREA
Regional Corporation continued
4.(1)The inhabitants of the Regional Area are continued as a body corporate under the name of The Regional Municipality of Hamilton-Wentworth in English and under the name Municipalité régionale de Hamilton-Wentworth 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.12, s. 4.
5.REPEALED: 1996, c. 32, s. 89 (1).
Qualifications of chair
6.(1)A person is qualified to hold office as chair of the Regional Council,
(a) if the person is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of an area municipality; and
(b) if the person is not disqualified by this or any other Act from holding the office of chair. R.S.O. 1990, c. R.12, s. 6 (1); 1996, c. 32, s. 89 (2).
Election of chair
(2)For the purpose of electing the chair of the Regional Council,
(a) the clerk of the area municipality with the greatest number of electors shall be the returning officer for the election;
(b) the nominations for chair shall be filed with the clerk of the area municipality with the greatest number of electors who shall send the names of the candidates to the clerk of each of the other area municipalities by registered mail within forty-eight hours after the closing of nominations; and
(c) the clerk of each area municipality shall be the returning officer for the vote to be recorded in such area municipality and shall forthwith report the vote recorded to the clerk of the area municipality with the greatest number of electors who shall prepare the final summary and announce the vote.
Idem
(3)Where a person is elected as chair of the Regional Council, the clerk of the area municipality with the greatest number of electors, forthwith after the election, shall certify under the seal of the area municipality to the clerk of the Regional Corporation the name of the person who has been so elected and the person shall not take the office of chair until the clerk of the Regional Corporation has received such a certificate in respect of the person. R.S.O. 1990, c. R.12, s. 6 (2, 3).
Quorum, voting
7.(1)Fifteen members of the Regional Council representing three 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.12, s. 7 (1).
One vote
(2)Each member of the Regional Council has one vote only. R.S.O. 1990, c. R.12, s. 7 (2); 1991, c. 15, s. 34 (1).
Quorum if size and composition changed
(3)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
(4)Despite subsection (3), 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. 89 (3).
Vacancy in office of chair
8.(1)If a vacancy occurs in the office of chair of the Regional Council, sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though that office were the office of mayor.
Where chair member of area council
(2)Where in filling a vacancy a member of the council of an area municipality becomes chair, the person shall be deemed to have resigned as a member of such council, and the person’s seat on such council thereby becomes vacant. R.S.O. 1990, c. R.12, s. 8.
PART III
ELECTRICAL SERVICE AREAS
Definitions
9.In this Part,
“area municipality” means the municipality or corporation of the Town of Ancaster, the Town of Dundas, the City of Stoney Creek, the Town of Flamborough and the Township of Glanbrook; (“municipalité de secteur”)
“commission” means a hydro-electric commission continued under section 10; (“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 19th day of June, 1980 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.12, s. 9.
Commissions continued
10.(1)The existing hydro-electric commission for each of the towns of Ancaster and Dundas, the City of Stoney Creek and the Town of Flamborough is continued. R.S.O. 1990, c. R.12, s. 10 (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.12, s. 10 (2); 1998, c. 15, Sched. E, s. 36 (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. Ancaster Hydro-Electric Commission in English and Commission hydroélectrique d’Ancaster in French.
2. Dundas Hydro-Electric Commission in English and Commission hydroélectrique de Dundas in French.
3. Flamborough Hydro-Electric Commission in English and Commission hydroélectrique de Flamborough in French.
4. Stoney Creek Hydro-Electric Commission in English and Commission hydroélectrique de Stoney Creek in French.
Composition
(4)Each commission shall consist of the mayor of the area municipality in respect of which the commission is established and additional members who are qualified electors under the Municipal Elections Act in the area municipality.
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 in respect of the area municipality shall be two or four.
Additional members
(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, 1982 the council of the area municipality has provided by by-law 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 commission may be members of the commission, but the members of the council shall not form a majority of the commission.
Term of office
(8)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.
Delegates
(9)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.
Resignations
(10)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.12, 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 commission in respect of the area municipality and not by the council of any municipality or any other person. R.S.O. 1990, c. R.12, s. 11 (1).
Right to distribute and supply power
(2)Subject to section 14, each commission has the sole right to distribute and supply power within the area municipality in respect of which it is continued. R.S.O. 1990, c. R.12, s. 11 (2); 1998, c. 15, Sched. E, s. 36 (2).
Subsisting contracts
(3)The right of a commission to distribute and supply power is subject to any subsisting contracts for the supply of power made under section 85 of the Power Corporation Act. R.S.O. 1990, c. R.12, s. 11 (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. 36 (3).
(5), (6)Repealed: 1998, c. 15, Sched. E, s. 36 (4).
Direct customers: retail
(7)With the consent of a 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 commission is continued.
Direct customers: distribution
(8)With the consent of a 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 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. 36 (5).
12. Repealed: 1998, c. 15, Sched. E, s. 36 (6).
Note: Despite the repeal of section 12, subsections 12 (2) to (6), as they read immediately before their repeal, continue to apply to a commission established under subsection 12 (1) before it was repealed, except that the commission is not deemed to be a municipal commission within the meaning of the Power Corporation Act. See: 1998, c. 15, Sched. E, s. 36 (7).
13.Repealed: 1998, c. 15, Sched. E, s. 36 (8).
Continuation re certain areas
14.(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 the towns of Ancaster and Flamborough and the Township of Glanbrook that Ontario Hydro served immediately before the coming into force of subsection 36 (9) 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. 36 (9).
(2), (3)Repealed: 1998, c. 15, Sched. E, s. 36 (10).
Real property held in trust
15.(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.12, s. 15 (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.12, s. 15 (2); 1998, c. 15, Sched. E, s. 36 (11).
Borrowing
16.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.12, s. 16.
Hamilton Hydro-Electric Commission
17.The Hamilton Hydro-Electric Commission is not a local board and is a commission to which Part III of the Public Utilities Act applies. R.S.O. 1990, c. R.12, s. 17.
PART IV
HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
18.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.12, s. 18.
Responsibility of Regional Corporation re hospital aid
19.(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 this section shall form part of the levy under section 30. R.S.O. 1990, c. R.12, s. 19.
Regional Corporation board of health
20.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.12, s. 20.
Regional Corporation deemed city under certain Acts
21. (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.12, s. 21.
Liability for homes for aged
22.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.12, s. 22.
Where area, municipality not deemed municipality
23.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.12, s. 23.
Information
24.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.12, s. 24.
Adjustments
25.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.12, s. 25.
Grants, etc., to approved corporations
26.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 in respect of the construction, operation and maintenance of homes for retarded persons. R.S.O. 1990, c. R.12, s. 26.
PART V (ss. 27.-34.)Repealed: 1997, c. 5, s. 72.
PART VI
PUBLIC TRANSPORTATION SYSTEM
Definitions
35.In this Part,
“Commission” means the Hamilton Transit Commission; (“Commission”)
“Company” means The Hamilton Street Railway Company; (“compagnie”)
“Corporation” means The Corporation of the City of Hamilton; (“municipalité”)
“deficit” means the cost of operating a transit service, less all applicable revenues and subsidies in respect of such service in an area municipality; (“déficit”)
“public transportation service” means a service provided by vehicles operated either underground, above ground or on highways or rights-of-way on the ground surface for the transportation for compensation of passengers, or passengers and express freight that may be carried in such vehicles, but does not include taxicabs or vehicles operated on railroads governed by the laws of Canada or vehicles operated by or for the Province of Ontario; (“service de transport en commun”)
“public transportation vehicle” means a vehicle owned and operated by the Company, including the subsidiary company, in providing public transportation service; (“véhicule de transport en commun”)
“Regional Public Transportation System” means the Regional Public Transportation System of The Regional Municipality of Hamilton-Wentworth; (“Réseau de transport en commun régional”)
“revenue miles” means actual miles travelled by a transit vehicle for the purpose of picking up and putting down passengers; (“milles payants”)
“subsidiary company” means The Canada Coach Lines, Limited and Safety Service and Adjusters Limited; (“compagnie filiale”)
“Urban Transit Area” means the City of Hamilton or such greater area as may from time to time be defined by the Minister; (“secteur de transport urbain”)
“Urban Transit Service Area” means an area as defined from time to time by the Minister of Transportation for such purposes as may be designated herein or by the Minister. (“secteur desservi par le réseau de transport urbain”) R.S.O. 1990, c. R.12, s. 35.
Public transportation system authorized
36.(1)The Regional Corporation is authorized to establish a public transportation system.
Regional Corporation may acquire shares of Company
(2)The Regional Corporation may by by-law of the Regional Council acquire all the shares of the Company held by the Commission or the Corporation and all other assets and liabilities of the Commission and the Corporation in respect of the shares of the Company without compensation except as provided in subsection (9), and the acquisition of such shares shall carry with it the ownership and control of the subsidiary company.
Board of Directors dissolved
(3)The Board of Directors of the Company and the subsidiary company are dissolved on the date on which the Regional Corporation acquires the shares of the Company under subsection (2).
Responsibility of Regional Corporation
(4)Upon the acquisition of all the shares of the Company by the Regional Corporation, the Regional Corporation shall on or before the due date pay to the Corporation all amounts of principal and interest due on any outstanding debt in respect of such shares and if the Regional Corporation fails to make any payment required by this subsection on or before the due date, the Regional Corporation may be charged interest by the Corporation at the rate of 15 per cent per annum thereof from such date until payment is made.
Commission dissolved
(5)The Commission shall be deemed to be dissolved on the day of the passing of the by-law under subsection (2).
Area municipality not to establish transportation service
(6)No area municipality shall establish a public transportation service after the day of the passing of the by-law under subsection (2) or exercise any power under any Act respecting public transit matters provided for under this Part without the prior written approval of the Regional Corporation.
Public transportation service, approval of Regional Council
(7)Subject to subsection 42 (5), no person shall operate or cause to be operated in the Urban Transit Service Area after the dissolution of the Commission a public transportation service without having first obtained written approval of the Regional Council and any other approvals required by provincial or federal laws, and for greater clarity, the approval of the Regional Council shall always have been deemed to include the power to license, regulate and govern the operation of a public transportation service in the Urban Transit Service Area.
Saving
(8)Nothing in this Part shall be construed as limiting the right of the holder of an operating licence issued under the Public Vehicles Act, from operating a public transportation service according to the provisions of such licence through the Urban Transit Service Area or from or to any point within the Urban Transit Service Area.
Disposal of assets
(9)If the whole, or a substantial part, of the assets of the subsidiary company, including any of its routes, are disposed of by the Regional Corporation, the equity of the Corporation in such assets shall be credited to the Corporation in a manner to be determined by the Regional Corporation and the Corporation, and, in the event agreement cannot be reached, the parties shall submit the matter to arbitration under the Arbitrations Act.
Public transportation service outside Urban Transit Area to be continued, etc.
(10)Public transportation service operated by the Company or the subsidiary company on the 1st day of January, 1977 outside the limits of the Urban Transit Area, as established under this Part, shall by agreement between the Regional Council and the council of an area municipality be continued, discontinued, modified or varied.
Idem
(11)Public transportation service in an area municipality not within the limits of the Urban Transit Area, as established under this Part, shall be provided at the request of the council of any area municipality at such cost as may be agreed upon and in the event that there is any dispute as to the cost, after taking into account projected revenues, of the provision of such service, the matter shall be submitted to the Municipal Board for determination. R.S.O. 1990, c. R.12, s. 36 (1-11).
Reporting not required
(12)Subsection 7 (6) of the Public Vehicles Act does not apply to the acquisition of the shares of the Company under this section. R.S.O. 1990, c. R.12, s. 36 (12); 1996, c. 9, s. 30.
Terms of employment continued
(13)The contractual relations in respect of terms of employment, including rates of pay, sick leave credits, holidays with pay and superannuation benefits existing on the 1st day of January, 1977, between the Company or the subsidiary company on the one hand and the employees of the Company or the subsidiary company on the other hand remain in force and are binding upon the Regional Corporation and the Board of Directors established under subsection 37 (2) for the remainder of the term of any subsisting agreement or agreements in that regard. R.S.O. 1990, c. R.12, s. 36 (13).
Management, regulation and control of Company by Regional Council
37.(1)The Regional Council upon the acquisition of the shares of the Company by the Regional Corporation in accordance with subsection 36 (2) shall have the right to hold and vote such shares and shall be solely responsible for the general management, regulation and control of the Company and the subsidiary company, including the provision of public transportation service to any area outside the Regional Area as such public transportation service existed on the 1st day of January, 1977, and the establishment of an appropriate fare structure for the provision of public transportation service within the Urban Transit Area as established under this Part.
Board of Directors and Regional Municipality of Hamilton-Wentworth Transit Commission
(2)The Regional Council shall appoint a Board of Directors for the Company and the subsidiary company, whose term of office shall be concurrent with the term of office of the Regional Council, composed of five members of the Regional Council representing the City of Hamilton, four members of the Regional Council representing the remaining area municipalities and the chair of the Regional Council, by virtue of his or her office, and such Board of Directors shall be a commission to be known as The Regional Municipality of Hamilton-Wentworth Transit Commission.
Operation and management of Transportation System
(3)The commission established under subsection (2) shall operate and manage the Regional Public Transportation System in accordance with the powers and duties delegated to it by by-law of the Regional Council.
Commission dissolved
(4)The commission established under subsection (2) is dissolved on the 31st day of December, 1979, and thereafter no transit commission shall be established to operate and manage the Regional Public Transportation System, but the Board of Directors shall continue and be appointed from among the members of the Regional Council in such manner as may be prescribed by the Regional Council.
Borrowing powers
(5)The Regional Corporation may borrow such sums of money as are required by the Company and the subsidiary company for the purposes of providing the public transportation service. R.S.O. 1990, c. R.12, s. 37.
Urban Transit Area
38.(1)The City of Hamilton is continued as the Urban Transit Area.
Alteration of Urban Transit Area
(2)The boundaries of the Urban Transit Area may be altered from time to time by the Minister upon application made by the Regional Council, provided that the Urban Transit Area shall always comprise at least the City of Hamilton, and the council of any area municipality affected by such application may make representations thereon to the Minister. R.S.O. 1990, c. R.12, s. 38.
Levy for deficit against area municipalities within Urban Transit Area
39.(1)The Regional Council may by by-law levy against such of the area municipalities as are wholly or partly within the Urban Transit Area the sums required to meet any deficit arising out of the operation of the Regional Public Transportation System within the Urban Transit Area, and such by-law may include any expenditures made by the Regional Corporation required for the provision, planning or improvement of the Regional Public Transportation System in the Regional Area and such levy may also include any expenditures made by the Regional Corporation for the provision, planning or improvement of service provided to such area municipality, or any part or parts thereof, the costs of providing public transportation service to such area municipality, the revenue miles in such area municipality, actual deficits, or the combination thereof pertaining to such area municipality and such other factors that are in the opinion of the Regional Council relevant to such apportionment. R.S.O. 1990, c. R.12, s. 39 (1).
General upper-tier levy
(2)The Regional Council may in its general upper-tier levy include any sums required to provide for any deficit arising out of the operation of the Regional Public Transportation System outside the limits of the Regional Area in so far as such provision has not been provided for in the agreement entered into under subsection 36 (11). R.S.O. 1990, c. R.12, s. 39 (2); 1997, c. 29, s. 67 (1).
(3)Repealed: 1997, c. 29, s. 67 (2).
Notice of by-law and appeal to O.M.B.
(4)The clerk of the Regional Council shall within ten days of the passing of a by-law under subsection (1) give written notice to the clerk of each area municipality affected by such by-law of the terms of such by-law and the area municipality may, within thirty days of receipt of such notice, appeal the levy under such by-law to the Municipal Board for determination.
Levy of special rate by area municipality
(5)An area municipality may pay the amounts charged to it under a by-law passed under subsection (1), or under an agreement entered into under this Part, out of its general funds, or subject to the approval of the Municipal Board may pass one or more by-laws to impose a special rate or rates in one or more defined areas of the area municipality to raise the whole or any part of the amounts charged to such area municipality.
Deemed tax
(6)Where a special rate is levied under subsection (5), such amount shall be deemed to be a tax and collectable in the same manner as municipal taxes. R.S.O. 1990, c. R.12, s. 39 (4-6).
Parking lots
40.(1)The Regional Council may establish, construct, manage and operate parking lots and structures for the parking of vehicles in connection with the Regional Public Transportation System and charge fees for parking therein and the Regional Council may pass by-laws to regulate and control the parking of vehicles therein and thereon.
Powers of Regional Council
(2)The Regional Council may, by by-law,
(a) acquire by purchase or otherwise, without the approval of the Municipal Board, the transportation facilities and equipment of any person or area municipality;
(b) acquire, by purchase or otherwise, any real or personal property required for its public transportation service; and
(c) subject to the Public Vehicles Act, provide public transportation service beyond the Regional Area throughout Ontario, and whether by chartered trips or otherwise, outside Ontario, subject to compliance with the laws of all jurisdictions in which such public transportation service or chartered trips are to operate. R.S.O. 1990, c. R.12, s. 40.
Auditors
41.(1)The auditors of the Regional Corporation shall be the auditors of the Company and the subsidiary company.
Non-application of Municipal Franchises Act
(2)The Municipal Franchises Act does not apply to the public transportation service operated by the Regional Corporation within the Regional Area. R.S.O. 1990, c. R.12, s. 41.
Application for establishment of Urban Transit Service Area
42.(1)The Regional Council shall apply to the Minister of Transportation for the establishment of an area within the Regional Area as an Urban Transit Service Area and such Area when established shall be deemed to be an urban municipality for the purposes of the Public Vehicles Act.
Area municipality deemed urban municipality
(2)Each area municipality shall, subject to subsection (1), be deemed to be an urban municipality for the purposes of the Public Vehicles Act. R.S.O. 1990, c. R.12, s. 42 (1, 2).
Establishment of Urban Transit Service Area
(3)The Minister of Transportation may by order establish an Urban Transit Service Area upon application by the Regional Council. R.S.O. 1990, c. R.12, s. 42 (3); 1996, c. 9, s. 31 (1).
(4)REPEALED: 1996, c. 9, s. 31 (2).
Existing rights not affected
(5)Nothing in this Part affects the rights of any district school board within the meaning of the Education Act to provide transportation services for the purposes for which such boards are entitled to transport persons nor any rights existing on the 1st day of January, 1977, of any duly licensed public transportation operator. R.S.O. 1990, c. R.12, s. 42 (5); 1997, c. 31, s. 173 (1).
Exemption
43.Any part of the Regional Public Transportation System operated by the Regional Council outside the Urban Transit Service Area but entirely within the Regional Area shall, subject to the approval of the Minister of Transportation, be exempt from the provisions of the Public Vehicles Act. R.S.O. 1990, c. R.12, s. 43.
General powers
44.(1)The Regional Corporation may, consistent with the provisions of this Part, do all such acts and things as may be necessary to provide a public transportation service within the Regional Area and may exercise all the rights, powers and privileges conferred by any Act upon a local municipality, including any area municipality, in respect of the provision of public transit service, including, but without limiting the generality of the foregoing, the right to enter into agreements with any area municipality for the maintenance or repair of any road or highway in an area municipality on which a public transportation vehicle is operated.
Reduced fares or free transportation
(2)Despite any other provision of this Part, the Regional Council may, in each year, pay such sums of money as may be sufficient to,
(a) reduce the fares charged to the public or any part of the public served by the Regional Public Transportation System, in such amounts as the Regional Council may determine, and such payments shall be charged back to the area municipality for whose residents the payments were made; or
(b) provide public transportation to any part or parts of the public free of charge as the Regional Council may determine. R.S.O. 1990, c. R.12, s. 44.
Minister may dissolve Company and subsidiary company
45.The Minister may by order on application of the Regional Council dissolve the Company and subsidiary company, on such terms and conditions as the Minister considers advisable. R.S.O. 1990, c. R.12, s. 45.
PART VII
GENERAL
Refuse disposal, entertainment expenses, etc.
46.(1)The Regional Corporation shall be considered to be a local municipality for the purposes of paragraph 135 of section 210 and section 257 of the Municipal Act applies with necessary modifications.
Delegation of approval
(2)Despite any other provision of this Act, the Regional Council may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 23 (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.12, s. 46.
By-laws re hours of closing of retail stores, etc.
47.(1)Section 214 of the Municipal Act applies with necessary modifications to the Regional Corporation, except that no by-law shall be passed by the Regional Council under this section in respect of retail gasoline service stations.
Area municipalities
(2)No area municipality shall exercise any powers under section 214 of the Municipal Act except in respect of retail gasoline service stations.
By-laws continued
(3)Every by-law passed by the council of an area municipality under section 214 of the Municipal Act in effect on the 23rd day of October, 1979 continues to apply until a by-law passed by the Regional Council applies thereto.
Exemption
(4)Upon the application of the occupier of a shop in the Regional Area, the Regional Council may by by-law exempt the shop from any provision or provisions of a by-law passed under section 214 of the Municipal Act on any such particular day or days of the year and for such special occasion as the by-law specifies, but no shop shall be exempted under this subsection from the provisions of a by-law passed under the said section 214 in more than two periods in any year.
Definition
(5)In subsection (4),
“period” means a period not exceeding two consecutive days in duration. R.S.O. 1990, c. R.12, s. 47.
Licensing contractors and master tradespersons
48.(1)The Regional Council may pass by-laws for examining, licensing, regulating and governing,
(a) building repair contractors;
(b) drain repair contractors;
(c) electrical contractors;
(d) explosives contractors;
(e) heating, air conditioning and ventilation contractors;
(f) plumbing contractors;
(g) master building repairers;
(h) master drain installers;
(i) master electricians;
(j) masters of explosives;
(k) master plumbers; and
(l) master warm air heating, air conditioning and ventilation installers.
Idem
(2)A by-law passed under subsection (1),
(a) may require, as a condition of granting a licence to a master tradesperson mentioned in that subsection, that the master tradesperson have a permanent place of business in Ontario;
(b) may exempt from any or all of the examination requirements set out in the by-law any applicant who holds such evidence of qualification as may be prescribed in the by-law;
(c) may define the terms used in clauses (1) (a) to (l);
(d) may provide for suspending or revoking a licence granted under the by-law; and
(e) may provide for the payment to the area municipalities, in such manner as is set out in the by-law, any licence fees, or any portion thereof, collected by the Regional Corporation.
Delegation of enforcement
(3)The Regional Council, by by-law and on such terms and conditions as it considers desirable, may delegate to any area municipality the authority to enforce within that area municipality the provisions of a by-law passed under subsection (1).
Recovery on fines
(4)If an area municipality enforces a by-law passed under subsection (1) pursuant to a delegation made under subsection (3), any fine imposed as a result of the enforcement belongs to the area municipality.
Area municipality’s by-laws inoperative
(5)A by-law passed by the council of an area municipality for licensing, regulating and governing any person mentioned in subsection (1) has no effect in respect of that person while there is in force a by-law passed by the Regional Council under subsection (1) for licensing, regulating and governing the same person in the same capacity. R.S.O. 1990, c. R.12, s. 48.
Investigation and report re by-law contravention
(6) The council of an area municipality may by resolution require the Regional Council to investigate an alleged contravention of a licensing by-law passed under this section by the Regional Council and to report to the area council. 1994, c. 37, s. 9.
Expenditures for diffusing information
49.(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 December, 1973.
Idem
(3)Despite subsection (2), the Regional Council may authorize, for such period and on such terms and conditions as the Regional Council considers desirable, the council of the City of Hamilton to exercise the powers conferred on the council of a municipality by paragraph 22 of section 207 and paragraph 57 of section 210 of the Municipal Act in respect of all or any part of those lands in the City of Hamilton described in paragraphs 1 to 4 of subsection 136 (2a) of the Regional Municipality of Hamilton-Wentworth Act, being chapter 437 of the Revised Statutes of Ontario, 1980. R.S.O. 1990, c. R.12, s. 49.
Definition
50.(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.12, s. 50 (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.12, s. 50 (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. 12 (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.
O.M.B. to arbitrate
(6)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.12, s. 50 (4-6).
By-laws not applicable
(7)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. 12 (2).
Agreement, successor rights
51.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.12, s. 51.
Recreation and parks management board
52.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.12, s. 52.
Acquiring land for parks, etc.
53.(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 208 of the Municipal Act applies with necessary modifications to the Regional Corporation.
Application of Parks Assistance Act
(4)The Regional Corporation shall be deemed to be a municipality for the purposes of the Parks Assistance 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;
(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.12, s. 53.
Wentworth County Library
54.The Minister may by order do all such things as may be necessary to re-establish the Wentworth County Library. R.S.O. 1990, c. R.12, s. 54.
55.Repealed: 1997, c. 31, s. 173 (2).
Public library boards
56.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.12, s. 56.
Power of city in Regional Area to pass by-laws
57.The council of the City of Hamilton 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.12, s. 57.
Assumption of liability re Art Gallery debenture
58.(1)The Regional Council may by by-law assume, without Municipal Board approval, the liability of the City of Hamilton to retire the outstanding indebtedness of the City on the debentures issued by the Regional Corporation on behalf of the City for the Hamilton Art Gallery.
Idem
(2)The Regional Council may by by-law pay to the City of Hamilton an amount equal to the sum paid by the City for the purpose of retiring the indebtedness referred to in subsection (1) in 1980, 1981 and 1982.
Rights and obligations affected
(3)Nothing in subsection (1) affects the rights of any debenture holder or the obligations of the City of Hamilton in relation to the debentures issued under subsection (1). R.S.O. 1990, c. R.12, s. 58.
Application of Regional Municipalities Act
59.Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Hamilton-Wentworth as though they were set out in, and formed a part of this Act. R.S.O. 1990, c. R.12, s. 59.
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