Regional Municipality of Peel Act
R.S.O. 1990, CHAPTER R.15
Note: This Act was repealed on January 1, 2003.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, ss. 15, 22; 1996, c. 32, s. 92; 1997, c. 5, s. 75; 1997, c. 31, s. 175; 1998, c. 15, Sched. E, s. 39; 2001, c. 13, s. 27; 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 City of Mississauga, the City of Brampton and the Town of Caledon; (“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 Peel; (“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.15, 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.15, s. 2.
3. Repealed: 1996, c. 32, s. 92 (1).
No Board of Control
4. No area municipality shall have a Board of Control. R.S.O. 1990, c. R.15, 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 Peel in English and under the name Municipalité régionale de Peel in French. R.S.O. 1990, c. R.15, s. 5 (1).
Deemed municipality
(2) The Regional Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act. R.S.O. 1990, c. R.15, s. 5 (2).
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.15, s. 5 (3).
6. Repealed: 1996, c. 32, s. 92 (1).
Quorum, voting
7. (1) Twelve members of the Regional Council representing all 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.15, 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.15, 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.15, s. 7 (3).
Quorum if size and composition changed
(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum. 1996, c. 32, s. 92 (2).
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. 92 (2).
PART III
MUNICIPAL HYDRO-ELECTRIC SERVICE
Definition
8. In this Part,
“power” means electrical power and includes electrical energy. R.S.O. 1990, c. R.15, s. 8.
Commissions continued
9. (1) The hydro-electric commission for each of the City of Brampton, the Town of Caledon and the City of Mississauga, established by The Peel Municipal Hydro-Electric Service Act, 1977, being chapter 29, is continued and each commission shall be deemed to be a commission established under Part III of the Public Utilities Act. R.S.O. 1990, c. R.15, s. 9 (1); 1998, c. 15, Sched. E, s. 39 (1).
Composition
(2) The commission for the City of Brampton shall be known as the Brampton Hydro-Electric Commission in English and Commission hydroélectrique de Brampton in French and shall consist of the mayor of the City of Brampton and four additional members who are qualified electors under the Municipal Elections Act in the City of Brampton. R.S.O. 1990, c. R.15, s. 9 (2).
Idem
(3) The commission for the City of Mississauga shall be known as the Mississauga Hydro-Electric Commission in English and Commission hydroélectrique de Mississauga in French and shall consist of the mayor of the City of Mississauga and four additional members who are qualified electors under the Municipal Elections Act in the City of Mississauga. R.S.O. 1990, c. R.15, s. 9 (3).
Idem
(4) The commission for the Town of Caledon shall be known as the Caledon Hydro-Electric Commission in English and Commission hydroélectrique de Caledon in French and shall consist of the mayor of the Town of Caledon and two additional members who are qualified electors under the Municipal Elections Act in the Town of Caledon. R.S.O. 1990, c. R.15, s. 9 (4).
Additional members of commissions
(5) 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, 1978 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.15, s. 9 (5).
Eligibility of members of council
(6) Members of the council of an area municipality served by a commission may be appointed as members of the commission, but the members of the council shall not form a majority of the commission. R.S.O. 1990, c. R.15, s. 9 (6).
Term of office
(7) 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.15, s. 9 (7).
Delegates
(8) 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.15, s. 9 (8).
Resignation
(9) A resignation from the council of a member of a council who is a member of a commission shall be deemed to be a resignation from both the commission and the council. R.S.O. 1990, c. R.15, s. 9 (9).
Powers of commissions
10. (1) Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation in respect of power shall be exercised on behalf of the municipalities of the City of Brampton, the Town of Caledon and the City of Mississauga by the commission continued in respect of that municipality and not by the council of any municipality or any other body. R.S.O. 1990, c. R.15, s. 10 (1).
(2) Repealed: R.S.O. 1990, c. R.15, s. 10 (2.2). See: 1998, c. 15, Sched. E, s. 39 (2).
(2.1) Repealed: R.S.O. 1990, c. R.15, s. 10 (2.2). See: 1998, c. 15, Sched. E, s. 39 (2).
(2.2) Spent: 1998, c. 15, Sched. E, s. 39 (2).
(3) Repealed: R.S.O. 1990, c. R.15, s. 10 (3.2). See: 1998, c. 15, Sched. E, s. 39 (3).
(3.1) Repealed: R.S.O. 1990, c. R.15, s. 10 (3.2). See: 1998, c. 15, Sched. E, s. 39 (3).
(3.2) Spent: 1998, c. 15, Sched. E, s. 39 (3).
(4) Repealed: 1998, c. 15, Sched. E, s. 39 (4).
(5) Repealed: R.S.O. 1990, c. R.15, s. 10 (5.2). See: 1998, c. 15, Sched. E, s. 39 (5).
(5.1) Repealed: R.S.O. 1990, c. R.15, s. 10 (5.2). See: 1998, c. 15, Sched. E, s. 39 (5).
(5.2) Spent: 1998, c. 15, Sched. E, s. 39 (5).
(6) Repealed: 1998, c. 15, Sched. E, s. 39 (6).
(7) Repealed: 1998, c. 15, Sched. E, s. 39 (6).
(8) Repealed: 1998, c. 15, Sched. E, s. 39 (6).
Vesting of real property
11. (1) All real property under the control and management of a commission shall be vested in the area municipality served by the commission. R.S.O. 1990, c. R.15, s. 11 (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 retain 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 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 area municipality served by the commission does not wish to retain the real property in accordance with paragraph 1, the area municipality 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 pursuant to this subsection shall be paid over to the commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. R.15, s. 11 (2); 1998, c. 15, Sched. E, s. 39 (7).
Borrowing
12. Except as otherwise provided in this Part, sections 110 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.15, s. 12.
PART IV
HEALTH AND WELFARE SERVICES
Liability for hospitalization of indigents
13. 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.15, s. 13.
Responsibility of Regional Corporation re hospital grants
14. (1) The Regional Corporation shall pay to any area municipality, on or before the due date, all amounts of principal and interest becoming due upon any outstanding indebtedness of the area municipality in respect of aid granted by a local municipality prior to the 1st day of January, 1974, for the construction, erection, establishment, acquisition, maintenance, equipping and carrying on of the business of public hospitals including municipal hospitals and other health care facilities in the Regional Area, and, if the Regional Corporation fails to pay such amounts before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.15, s. 14 (1).
Hospital costs form part of regional levy
(2) Despite any general or special Act, payments made under this section shall form part of the levy under section 25. R.S.O. 1990, c. R.15, s. 14 (2).
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.15, 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.15, 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.15, s. 16 (2).
Liability for homes for aged
17. 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.15, s. 17.
Where area municipality not 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.15, 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.15, 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.15, 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. 27.
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. 27.
PART V (ss. 22-29) Repealed: 1997, c. 5, s. 75.
PART VI
GENERAL
Public transportation systems, refuse disposal, entertainment expenses, etc.
30. (1) The Regional Corporation shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210 and section 257 of the Municipal Act. R.S.O. 1990, c. R.15, s. 30 (1).
Delegation of approval
(2) Despite any other provision in this Act, the Regional Council may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 28 (2) of the Regional Municipalities Act and any such by-law may prescribe terms and conditions under which any such approval or consent may be granted. R.S.O. 1990, c. R.15, s. 30 (2).
Vesting of transportation system assets in Regional Corporation
(3) In the event that the Regional Corporation establishes a transportation system in accordance with subsection (1), no area municipality shall operate such a system and all the assets and liabilities of any area municipality used for a public transportation system vest in the Regional Corporation on the day such regional transportation system is established, without compensation, and the Regional Corporation shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of any such assets. R.S.O. 1990, c. R.15, s. 30 (3).
Transportation system for handicapped persons
(4) The Regional Council may establish and operate a system for the transportation of handicapped persons and the provisions of subsection (3) shall not apply thereto. R.S.O. 1990, c. R.15, s. 30 (4).
Default
(5) If the Regional Corporation fails to make any payment on or before the due date required by subsection (3), 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.15, s. 30 (5).
Expenditures for publicity
31. (1) The Regional Corporation may make expenditures for the purpose of diffusing information respecting the advantages of the Regional Municipality as an agricultural, business, educational, residential or vacation centre and the Regional Council may pass by-laws for establishing and maintaining a department for such purpose and for appointing a commissioner to be responsible for diffusing such information. R.S.O. 1990, c. R.15, s. 31 (1).
Pooling of funds
(2) The Regional Corporation and other municipalities may pool their funds and act jointly for the purposes of subsection (1). R.S.O. 1990, c. R.15, s. 31 (2).
Industrial sites
(3) Paragraph 57 of section 210 of the Municipal Act applies 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. R.S.O. 1990, c. R.15, s. 31 (3).
Definition
32. (1) In this section,
“waste” includes ashes, garbage, refuse, domestic waste, solid industrial 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.15, s. 32 (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.15, s. 32 (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. 1993, c. 20, s. 15 (1).
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. 1993, c. 20, s. 15 (1).
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. 15 (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). R.S.O. 1990, c. R.15, s. 32 (4).
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.15, s. 32 (5).
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.15, s. 32 (6).
By-law 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. 15 (2).
Agreement successor rights
33. Where any agreement has been entered into by a local municipality, providing the terms thereof are not inconsistent with this Act or the Regional Municipalities 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.15, s. 33.
Council deemed recreation committee, etc.
34. 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.15, s. 34.
Acquiring land for parks, etc.
35. (1) The Regional Council may pass by-laws for acquiring land for and establishing, laying out and improving and maintaining public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives in the Regional Area and for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act. R.S.O. 1990, c. R.15, s. 35 (1).
Sale of spirituous, etc., liquors in parks
(2) In addition to the powers that may be exercised under subsection (1), the Regional Council has power to let from year to year, or for any time not exceeding ten years, the right to sell, subject to the Liquor Licence Act, and the regulations made thereunder, spirituous, fermented or intoxicating liquors within regional parks under such regulations as the Regional Council may prescribe. R.S.O. 1990, c. R.15, s. 35 (2).
Joint acquisition of parks
(3) Paragraph 54 of section 207 of the Municipal Act applies with necessary modifications to the Regional Corporation. R.S.O. 1990, c. R.15, s. 35 (3).
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 Community Recreation Centres Act. R.S.O. 1990, c. R.15, s. 35 (4).
Park lands owned by conservation authority
(5) Where, under an agreement with any conservation authority, lands vested in the conservation authority are managed and controlled by the Regional Corporation, the Regional Corporation may,
(a) exercise all or any of the powers conferred on it under subsection (1) in respect of such lands;
(b) lay out, construct and maintain roads on such lands and, with the consent of the area municipality in which such lands, or any part thereof, are situate, assume the maintenance of existing roads on such lands, or any part thereof;
(c) subject to the Highway Traffic Act, regulate traffic on such roads and prescribe the rate of speed for motor vehicles driven on such roads in accordance with subsection 128 (4) of the Highway Traffic Act. R.S.O. 1990, c. R.15, s. 35 (5).
Payment in lieu of taxes
(6) The Regional Council may agree to pay annually to the area municipality in which any land used for the purposes set out in subsection (1) is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation. R.S.O. 1990, c. R.15, s. 35 (6).
36. Repealed: 1997, c. 31, s. 175.
Public library boards
37. (1) 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.15, s. 37 (1).
Retroactive orders
(2) An order made under subsection (1) may be retroactive and the Minister shall be deemed always to have had the power to make such retroactive orders. R.S.O. 1990, c. R.15, s. 37 (2).
Power of cities in Regional Area to pass by-laws
38. The council of the City of Mississauga and the council of the City of Brampton 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.15, 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 Peel as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.15, s. 39.
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