Regional Municipality of Niagara Act, R.S.O. 1990, c. R.13
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Regional Municipality of Niagara Act
R.S.O. 1990, CHAPTER R.13
Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (2), 485 (1).
Amended by: 1992, c. 15, s. 94; 1993, c. 20, s. 13; 1996, c. 32, s. 90; 1997, c. 5, s. 73; 1998, c. 15, Sched. E, s. 37; 2001, c. 13, s. 26; 2001, c. 25, s. 484.
(NOTE: By Order in Council approved July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)
Definitions
1. In this Act,
“area municipality” means the municipality or corporation of the Town of Lincoln, the Town of Fort Erie, the Town of Grimsby, the City of Niagara Falls, the Town of Niagara-on-the-Lake, the Town of Pelham, the City of Port Colborne, the City of St. Catharines, the City of Thorold, the Township of Wainfleet, the City of Welland and the Township of West Lincoln; (“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”)
“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 or the Township of Wainfleet; (“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 Niagara; (“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.13, 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.13, s. 2.
3. Repealed: 1996, c. 32, s. 90 (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 Niagara in English and under the name Municipalité régionale de Niagara in French. R.S.O. 1990, c. R.13, s. 4 (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.13, s. 4 (2).
5. (1) Repealed: 1996, c. 32, s. 90 (2).
Resignation from area council
(2) Where the head of the council of an area municipality becomes chair, he or she shall be deemed to have resigned as a member of such council, and his or her seat on such council thereby becomes vacant, and an election shall be held in such municipality forthwith to elect a head of council, except where the vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996 in which case section 45 of the Municipal Act applies, and the expenses of such election shall be borne by the Regional Corporation. R.S.O. 1990, c. R.13, s. 5 (2); 1996, c. 32, s. 90 (3).
Elections
6. (1) The election of the members of the Regional Council to be elected by general vote of the electors of an area municipality shall be held at the same time and in the same manner as the election of the mayor of such area municipality. R.S.O. 1990, c. R.13, s. 6 (1); 1996, c. 32, s. 90 (4).
Qualifications
(2) A person is eligible to be elected a member of the Regional Council by the electors of an area municipality if he or she is eligible to be elected a member of the council of the area municipality or to be appointed to fill a vacancy in the office of a member so elected, but no person, except a mayor, may be a member of the Regional Council and the council of an area municipality at the same time. R.S.O. 1990, c. R.13, s. 6 (2).
Holding more than one elective office
(3) Section 40 of the Municipal Act applies with necessary modifications to the Regional Council. R.S.O. 1990, c. R.13, s. 6 (3).
Quorum voting
7. (1) Sixteen members of the Regional Council representing at least six 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.13, 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.13, 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.13, s. 7 (3).
Quorum if size and composition changed
(3.1) 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. 90 (5).
By-law re quorum
(3.2) Despite subsection (3.1), 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. 90 (5).
Vacancy, members other than chair or head of council
(4) When a vacancy occurs in the office of a member, other than the chair or the head of the council of an area municipality, the council of the area municipality from which he or she was elected shall by by-law within sixty days after the vacancy occurs appoint a successor, who is eligible to be elected a member of the Regional Council, to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.13, s. 7 (4).
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 14th 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.13, s. 8.
Commissions continued
9. (1) The hydro-electric commission for each of the towns of Grimsby and Lincoln, the City of Niagara Falls, the Town of Niagara-on-the-Lake, the Town of Pelham, the City of Port Colborne, the City of St. Catharines, the City of Thorold, the City of Welland and the Township of West Lincoln established by The Niagara Municipal Hydro-Electric Service Act, 1979, being chapter 33, is continued. R.S.O. 1990, c. R.13, 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.13, s. 9 (2); 1998, c. 15, Sched. E, s. 37 (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. Grimsby Hydro-Electric Commission in English and Commission hydroélectrique de Grimsby in French.
2. Lincoln Hydro-Electric Commission in English and Commission hydroélectrique de Lincoln in French.
3. Niagara Falls Hydro-Electric Commission in English and Commission hydroélectrique de Niagara Falls in French.
4. Niagara-on-the-Lake Hydro-Electric Commission in English and Commission hydroélectrique de Niagara-on-the-Lake in French.
5. Pelham Hydro-Electric Commission in English and Commission hydroélectrique de Pelham in French.
6. Port Colborne Hydro-Electric Commission in English and Commission hydroélectrique de Port Colborne in French.
7. St. Catharines Hydro-Electric Commission in English and Commission hydroélectrique de St. Catharines in French.
8. Thorold Hydro-Electric Commission in English and Commission hydroélectrique de Thorold in French.
9. Welland Hydro-Electric Commission in English and Commission hydroélectrique de Welland in French.
10. West Lincoln Hydro-Electric Commission in English and Commission hydroélectrique de West Lincoln in French. R.S.O. 1990, c. R.13, s. 9 (3).
Composition
(4) Each commission shall consist of the mayor of the area municipality in respect of which the commission is continued and either two or four additional members who are qualified electors under the Municipal Elections Act in the area municipality. R.S.O. 1990, c. R.13, s. 9 (4).
When area municipality may determine size of commission
(5) 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.13, s. 9 (5).
Additional members of subsequent 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, the council of the area municipality has provided by by-law that the additional members shall be appointed by the council. R.S.O. 1990, c. R.13, s. 9 (6).
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. R.S.O. 1990, c. R.13, s. 9 (7).
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. R.S.O. 1990, c. R.13, s. 9 (8).
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. R.S.O. 1990, c. R.13, s. 9 (9).
Resignation
(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.13, s. 9 (10).
10. Repealed: 1998, c. 15, Sched. E, s. 37 (2).
Note: Despite the repeal of section 10, subsections 10 (2) to (4), as they read immediately before their repeal, continue to apply to a commission established under subsection 10 (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. 37 (3).
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 mentioned in subsection 9 (1) 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.13, s. 11 (1).
(2) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(3) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(3.1) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(4) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(5) Repealed: 1998, c. 15, Sched. E, s. 37 (6).
(6) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(6.1) Repealed: R.S.O. 1990, c. R.13, s. 11 (6.2). See: 1998, c. 15, Sched. E, s. 37 (7).
(6.2) Spent: 1998, c. 15, Sched. E, s. 37 (7).
(7) Repealed: 1998, c. 15, Sched. E, s. 37 (8).
(8) Repealed: 1998, c. 15, Sched. E, s. 37 (8).
Real property held in trust
12. (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.13, s. 12 (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 area 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.13, s. 12 (2); 1998, c. 15, Sched. E, s. 37 (9).
Borrowing
13. 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.13, s. 13.
PART IV
HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
14. 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.13, s. 14.
Regional Corporation board of health
15. 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.13, s. 15.
Regional Corporation deemed city under certain Acts
16. (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.13, s. 16 (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.13, s. 16 (2).
Liability respecting homes for the aged
17. The Regional Corporation shall be deemed to be a city 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.13, s. 17.
Where area municipality not deemed municipality
18. 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.13, s. 18.
Information
19. 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.13, s. 19.
Adjustments
20. 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.13, s. 20.
Powers re facilities
21. (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. 26.
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. 26.
PART V
FINANCES
22. Repealed: 1997, c. 5, s. 73 (1).
23. Repealed: 1992, c. 15, s. 94.
YEARLY ESTIMATES AND LEVIES
24. Repealed: 1997, c. 5, s. 73 (2).
25. Repealed: 1997, c. 5, s. 73 (2).
26. Repealed: 1997, c. 5, s. 73 (2).
27. Repealed: 1997, c. 5, s. 73 (2).
28. Repealed: 1997, c. 5, s. 73 (2).
29. Repealed: 1997, c. 5, s. 73 (2).
Definitions
30. (1) In this section,
“defined area” means an area within a municipality in which a special area charge is levied; (“secteur désigné”)
“service” means,
(a) street lighting,
(b) distribution of water,
(c) the collection, removal and disposal of ashes or garbage or other refuse,
(d) the collection and disposal of sewage and land drainage,
(e) fire protection, or
(f) such other service or services that the Minister may, by order, determine; (“service”)
“special area charge” means any charge in respect of the cost of operation, repair and maintenance of a service mentioned in the definition of “service” and includes any charge in respect of depreciation, deferred maintenance or a reserve fund for any such purpose. (“redevance extraordinaire de secteur”) R.S.O. 1990, c. R.13, s. 30 (1).
Consolidation of defined areas and service area charges
(2) Despite the provisions of this Act or any other general or special Act, where two or more defined areas in respect of a particular service are located in an area municipality, the council of the area municipality may, by by-law, consolidate two or more such defined areas and levy a special area charge in respect of the costs of the service. R.S.O. 1990, c. R.13, s. 30 (2).
PART VI
GENERAL
Nuisances
31. (1) The Regional Corporation shall be deemed to be a local municipality for the purpose of paragraph 140 of section 210 of the Municipal Act. R.S.O. 1990, c. R.13, s. 31 (1).
Delegation of approvals or consents
(2) Despite any other provision in this Act, the Regional Council may pass by-laws authorizing the head of the department concerned to grant such of the approvals and consents required by subsections 28 (2), 65 (2), 83 (1) and 84 (2) of the Regional Municipalities Act as are designated in the by-law, 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.13, s. 31 (2).
Expenditures for diffusing information
32. 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.13, s. 32.
33. (1) Repealed: 1993, c. 20, s. 13.
(2) Repealed: 1993, c. 20, s. 13.
(3) Repealed: 1993, c. 20, s. 13.
Non-application of refuse disposal control by-law
(4) 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.13, s. 33 (4).
(5) Repealed: 1993, c. 20, s. 13.
Council of St. Catharines deemed community recreation centre board, etc.
34. (1) The council of the City of St. Catharines 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.13, s. 34 (1).
Corporation of St. Catharines deemed approved corporation
(2) The Corporation of the City of St. Catharines shall be deemed to be an approved corporation under the Elderly Persons Centres Act. R.S.O. 1990, c. R.13, s. 34 (2).
Council of Port Colborne deemed community recreation centre board, etc.
35. The council of the City of Port Colborne 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.13, s. 35.
Council of Welland deemed recreation committee and committee of management
36. The council of the City of Welland shall be deemed to be a recreation committee under the Ministry of Tourism and Recreation Act, and a committee of management under the Community Recreation Centres Act, and the regulations thereunder. R.S.O. 1990, c. R.13, s. 36.
Licensing by-law may be passed by councils of cities
37. 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.13, s. 37.
Air harbours and landing grounds
38. The Regional Corporation shall be deemed to be a local municipality for the purposes of paragraph 10 of section 207 of the Municipal Act. R.S.O. 1990, c. R.13, s. 38.
Application of Regional Municipalities Act
39. Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Niagara as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.13, s. 39.
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