Regional Municipality of Waterloo Act, R.S.O. 1990, c. R.17
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Regional Municipality of Waterloo Act
R.S.O. 1990, CHAPTER R.17
Note: This Act was repealed on January 1, 2003.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. 17, 18, 22; 1994, c. 37, s. 11; 1996, c. 1, Sched. M, s. 38; 1996, c. 4, s. 66; 1996, c. 32, s. 94; 1997, c. 11, ss. 1-3; 1997, c. 29, s. 69; 1997, c. 31, s. 176; 1998, c. 15, Sched. E, s. 41; 1999, c. 14, Sched. F, s. 11; 2000, c. 5, s. 23; 2001, c. 13, s. 28; 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.)
CONTENTS
Definitions | |
PART I | |
Area municipalities continued | |
Composition of councils | |
PART II | |
Regional Corporation continued | |
Composition of Regional Council | |
Elections | |
Election of chair | |
Quorum | |
Order of Minister | |
Vacancies | |
PART III | |
Definitions | |
Electrical service area continued | |
Powers of commissions | |
Real property held in trust | |
Borrowing | |
Financial statements | |
PART IV | |
Liability for hospitalization of indigents | |
Responsibility of Regional Corporation re hospital aid | |
Regional Corporation board of health | |
Regional Corporation deemed city under certain Acts | |
Liability for homes for aged | |
Where area municipality not deemed municipality | |
Adjustments | |
Powers re facilities | |
PART VI | |
Public transportation systems, refuse disposal, entertainment expenses, etc. | |
Limitation on area municipality | |
Expenditures for diffusing information | |
Chair member of Board of Governors, University of Waterloo | |
Regional Council deemed board under Public Libraries Act | |
Definition | |
Collection and removal of waste in area municipality | |
Recycling programs | |
Recreation and parks management board | |
Public library boards | |
Power of cities in Regional Area to pass by-laws | |
Definition | |
Definitions | |
Application of Regional Municipalities Act | |
Definitions
“area municipality” means the municipality or corporation of the City of Cambridge, the City of Kitchener, the City of Waterloo, the Township of North Dumfries, the Township of Wilmot, the Township of Wellesley and the Township of Woolwich; (“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; (“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 Waterloo; (“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.17, s. 1.
Area municipalities continued
2. (1) The area municipalities are continued with the same name, status and boundaries as they had on the 31st day of December, 1990. R.S.O. 1990, c. R.17, s. 2.
Exception
(2) The boundary between the City of Cambridge and the Township of North Dumfries between,
(a) the point on the centre line of the road allowance between concessions 9 and 10 (unopened) which is described on Reference Plan 67R-3098 registered in the land registry office for the Registry Division of Waterloo South as the southeasterly corner of Part 4; and
(b) the point that is the northeasterly limit of the King’s Highway No. 8 as that highway is shown on Deposited Plan 807 deposited in the land registry office for the Registry Division of Waterloo South,
is the line that begins at the centre line of the road allowance between concessions 9 and 10 (unopened) and ends at the northeasterly limit of the King’s Highway No. 8 and that highway is shown on Deposited Plan 807 deposited in the land registry office for the Registry Division of Waterloo South, as shown on Plan 67G-984 and Plan 67G-983, which plans are registered in the land registry office for the Registry Division of Waterloo South, and the continuation of the curve on Plan 67G-983 across the King’s Highway No. 8, the curve having a radius of 1002.106 metres. 1996, c. 4, s. 66.
(3) Spent: 1996, c. 4, s. 66.
Composition of councils
3. (1) The council of each area municipality shall be composed of a head of council, who shall be elected by a general vote of the electors of the area municipality and the following number of other members of council:
1. The City of Cambridge — six members elected by wards, with one member being elected from each ward.
2. The City of Kitchener — six members elected by wards, with one member being elected from each ward.
3. The City of Waterloo — five members elected by wards, with one member being elected from each ward.
4. The Township of North Dumfries — four members elected by wards, with one member being elected from each ward.
5. The Township of Wilmot — four members elected by wards, with one member being elected from each ward.
6. The Township of Wellesley — four members elected by wards, with one member being elected from each ward.
7. The Township of Woolwich — four members elected by wards, with two members being elected from one ward and one member being elected from each of the two remaining wards. 2000, c. 5, s. 23 (1).
No board of control
(2) No area municipality shall have a board of control. 2000, c. 5, s. 23 (1).
Woolwich
(3) For the purposes of paragraph 7 of subsection (1), the ward having two members is the same ward which, in the 1997 regular election, had three members. 2000, c. 5, s. 23 (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 Waterloo in English and under the name Municipalité régionale de Waterloo 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.17, s. 4.
Composition of Regional Council
5. (1) The Regional Council shall be composed of,
(a) a chair who shall be elected by general vote of all of the electors of all of the area municipalities;
(b) the head of council of each area municipality;
(c) two members elected by general vote of the electors of the City of Cambridge;
(d) four members elected by general vote of the electors of the City of Kitchener; and
(e) two members elected by general vote of the electors of the City of Waterloo. 2000, c. 5, s. 23 (2).
Application
(2) Section 107 of the Municipal Act applies with necessary modifications to the Regional Council. 2000, c. 5, s. 23 (2).
Elections
6. (1) Except as otherwise provided in this Part, the elections to the office of chair and of regional councillor (other than the head of council of an area municipality) shall be conducted in accordance with the Municipal Elections Act, 1996 to be held concurrently with the regular election in the area municipalities. 2000, c. 5, s. 23 (2).
Qualifications
(2) A person is qualified to hold office as chair or as regional councillor of the Regional Council if,
(a) 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) the person is not disqualified by this or any other Act from holding the office of chair or regional councillor, as the case may be. 2000, c. 5, s. 23 (2).
Application
(3) Section 40 of the Municipal Act applies with necessary modifications to the Regional Council. 2000, c. 5, s. 23 (2).
Election of chair
6.1 (1) For the purposes of electing the chair of the Regional Council,
(a) the clerk of the Regional Corporation is the returning officer;
(b) nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations;
(c) despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote. 2000, c. 5, s. 23 (3).
Election of regional councillor
(2) For the purpose of electing a regional councillor in an area municipality (other than the head of council of an area municipality),
(a) the clerk of the Regional Corporation is the returning officer;
(b) nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of the area municipality by registered mail within 48 hours after the closing of nominations;
(c) despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote. 2000, c. 5, s. 23 (3).
Oath, declaration
(3) Every member of the Regional Council, before taking his or her seat, shall take an oath of allegiance in Form 1 of the Municipal Act and make a declaration of office in Form 3 of the Municipal Act using either the English or the French version of those forms and, in the case of the heads of council of the area municipalities, in those forms as modified appropriately. 2000, c. 5, s. 23 (3).
Regulations
(4) Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the 2000 regular elections under the Municipal Elections Act, 1996 in the Regional Area. 2000, c. 5, s. 23 (3).
Conflicts
(5) In the event of a conflict between a regulation made under subsection (4) and this Act or the Municipal Elections Act, 1996, the regulation prevails. 2000, c. 5, s. 23 (3).
Quorum
6.2 (1) A majority of the members constituting the Regional Council is necessary to form a quorum and the concurring votes of a majority of the members present at any meeting are necessary to carry any resolution or other measure. 2000, c. 5, s. 23 (3).
One vote
(2) Each member of the Regional Council has one vote. 2000, c. 5, s. 23 (3).
Different quorum
(3) Despite subsection (1), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of more than a majority of its members. 2000, c. 5, s. 23 (3).
Order of Minister
6.3 (1) Despite this or any other Act, the Minister shall, by order, establish six wards in the City of Kitchener and four wards in the Township of Wilmot. 2000, c. 5, s. 23 (3).
Effective date
(2) An order of the Minister under subsection (1) shall come into force on December 1, 2000 and on that date the wards existing in the City of Kitchener and the Township of Wilmot as of November 30, 2000 are dissolved. 2000, c. 5, s. 23 (3).
Vacancies
6.4 (1) If a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council of an area municipality),
(a) the Regional Council shall appoint a person to fill the vacancy, and sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though those offices were the offices of mayor and councillor, respectively; or
(b) the clerks of the Regional Corporation and the affected area municipalities shall hold an election to fill the vacancy and sections 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy. 2000, c. 5, s. 23 (3).
By-law
(2) The Regional Council shall by by-law determine whether clause (1) (a) or (b) is to apply. 2000, c. 5, s. 23 (3).
Election year
(3) If a vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council of an area municipality), the Regional Council shall fill the vacancy in accordance with clause (1) (a). 2000, c. 5, s. 23 (3).
Expenses
(4) The Regional Corporation shall pay all reasonable expenses incurred by area municipalities with respect to the election under clause (1) (b). 2000, c. 5, s. 23 (3).
Deemed resignation
(5) If a head of the council of an area municipality becomes chair of the Regional Council, he or she shall be deemed to have resigned as a member of the council and the person’s seat on the council thereby becomes vacant. 2000, c. 5, s. 23 (3).
PART III
ELECTRICAL SERVICE AREAS
Definitions
“electrical service area” means an electrical service area referred to in subsections 8 (1) to (3); (“secteur de services d’électricité”)
“power” means electrical power and includes electrical energy. (“électricité”) R.S.O. 1990, c. R.17, s. 7.
Electrical service area continued
8. (1) The area within the area municipalities of the City of Waterloo, the Township of Wellesley and the Township of Woolwich is continued as an electrical service area. R.S.O. 1990, c. R.17, s. 8 (1).
Idem
(2) The area within the area municipalities of the City of Kitchener and the Township of Wilmot is continued as an electrical service area. R.S.O. 1990, c. R.17, s. 8 (2).
Idem
(3) The area within the area municipalities of the City of Cambridge and the Township of North Dumfries is continued as an electrical service area. R.S.O. 1990, c. R.17, s. 8 (3).
Commissions continued
(4) The hydro-electric commission established by The Waterloo Electrical Service Areas Act, 1977, being chapter 28, for each of the electrical service areas is continued and each commission shall be deemed to be a commission established under Part III of the Public Utilities Act by the councils of the area municipalities comprising the electrical service area served by the commission acting in concert, and section 45 of the Public Utilities Act does not apply to the commissions. R.S.O. 1990, c. R.17, s. 8 (4); 1998, c. 15, Sched. E, s. 41 (1).
Composition
(5) The commission for the electrical service area referred to in subsection (1) shall be known as the ESA-1 Hydro-Electric Commission in English and known as Commission hydroélectrique SSE-1 in French and shall consist of the mayor of the City of Waterloo, the mayor of the Township of Woolwich, the mayor of the Township of Wellesley, three additional members who are qualified electors under the Municipal Elections Act, 1996 in the City of Waterloo, and one additional member who is a qualified elector under the Municipal Elections Act, 1996 in the Township of Woolwich. R.S.O. 1990, c. R.17, s. 8 (5).
Idem
(6) The commission for the electrical service area referred to in subsection (2) shall be known as the ESA-2 Hydro-Electric Commission in English and known as Commission hydroélectrique SSE-2 in French and shall consist of the mayor of the City of Kitchener, the mayor of the Township of Wilmot, four additional members who are qualified electors under the Municipal Elections Act, 1996 in the City of Kitchener, and one additional member who is a qualified elector under the Municipal Elections Act, 1996 in the Township of Wilmot. R.S.O. 1990, c. R.17, s. 8 (6).
Idem
(7) The commission for the electrical service area referred to in subsection (3) shall be known as the ESA-3 Hydro-Electric Commission in English and known as Commission hydroélectrique SSE-3 in French and shall consist of the mayor of the City of Cambridge, the mayor of the Township of North Dumfries, and three additional members who are qualified electors under the Municipal Elections Act, 1996 in the City of Cambridge. R.S.O. 1990, c. R.17, s. 8 (7).
Names of commissions
(8) The name of a commission may be changed by resolution of the commission to a name commencing with the words Hydro-Electric Commission of in English or, in addition, to a name commencing with the words Commission hydroélectrique de in French. R.S.O. 1990, c. R.17, s. 8 (8).
Additional members of commissions
(9) The additional members in respect of each area municipality shall be elected by a general vote of the electors of the area municipality, unless before the 1st day of January, 1978 the council of the area municipality has provided by by-law that the additional member or members in respect of that area municipality shall be appointed by the council. R.S.O. 1990, c. R.17, s. 8 (9).
Eligibility of members of council
(10) Members of the councils of the area municipalities comprising an electrical service area may be appointed as members of the commission, but the members of the councils shall not form a majority of the commission. R.S.O. 1990, c. R.17, s. 8 (10).
Term of office
(11) 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.17, s. 8 (11).
Delegates
(12) The council of an area municipality 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.17, s. 8 (12).
Filling of vacancies
(13) Where a vacancy in a commission occurs from any cause, the council of the area municipality in respect of which the person whose seat became vacant was elected or appointed shall immediately appoint a successor who shall hold office during the remainder of the term for which his or her predecessor was elected or appointed. R.S.O. 1990, c. R.17, s. 8 (13).
Salary
(14) The salaries or other remuneration of the commissioners shall from time to time be fixed by the council of the area municipality in respect of which they are elected or appointed. R.S.O. 1990, c. R.17, s. 8 (14); 1998, c. 15, Sched. E, s. 41 (2).
Resignation
(15) A resignation from a council by a member of the 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.17, s. 8 (15).
Powers of commissions
9. (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 area municipalities comprising an electrical service area by the commission established in respect of that electrical service area and not by the council of any area municipality or the Regional Council or any other person or body. R.S.O. 1990, c. R.17, s. 9 (1).
(2) Repealed: R.S.O. 1990, c. R.17, s. 9 (2.2). See: 1998, c. 15, Sched. E, s. 41 (3).
(2.1) Repealed: R.S.O. 1990, c. R.17, s. 9 (2.2). See: 1998, c. 15, Sched. E, s. 41 (3).
(2.2) Spent: 1998, c. 15, Sched. E, s. 41 (3).
(3) Repealed: 1998, c. 15, Sched. E, s. 41 (4).
(4) Repealed: R.S.O. 1990, c. R.17, s. 9 (6). See: 1998, c. 15, Sched. E, s. 41 (5).
(5) Repealed: R.S.O. 1990, c. R.17, s. 9 (6). See: 1998, c. 15, Sched. E, s. 41 (5).
(6) Spent: 1998, c. 15, Sched. E, s. 41 (5).
Real property held in trust
10. (1) All real property under the control and management of a commission, shall be taken and held by the commission in trust for the area municipalities comprising the electrical service area served by the commission. R.S.O. 1990, c. R.17, s. 10 (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 municipalities comprising the electrical service area served by the commission, the real property may be disposed of as follows:
1. In the event that the area municipality in which the real property is located 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 in which the real property is located does not wish to retain 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 area municipalities comprising the electrical service area, 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.17, s. 10 (2); 1998, c. 15, Sched. E, s. 41 (6).
Borrowing
11. (1) Except as otherwise provided in this Part, section 24 of this Act and sections 110, 111, 112 and 114 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.17, s. 11 (1).
Request
(2) A commission may request the area municipalities comprising the electrical service area in respect of which the commission is established to approve the borrowing of money and the councils of the area municipalities shall approve or disapprove the borrowing within thirty days of the making of the request. R.S.O. 1990, c. R.17, s. 11 (2); 1998, c. 15, Sched. E, s. 41 (7).
Approval
(3) Despite the failure or refusal of the council of an area municipality in an electrical service area in respect of which a commission is established to approve a proposed borrowing, where one or more area municipalities whose assessment of real property is in the aggregate more than 50 per cent of the assessment of real property of the electrical service area approve the proposed borrowing, the area municipalities comprising the electrical service area that approve the proposed borrowing shall apply to the Municipal Board for approval of the proposed borrowing on behalf of all the area municipalities comprising the electrical service area. R.S.O. 1990, c. R.17, s. 11 (3); 1997, c. 29, s. 69 (1).
Responsibility of area municipalities
(4) Despite the failure or refusal of an area municipality to approve a borrowing under this section and subject to section 36 of the Public Utilities Act, each area municipality within an electrical service area is liable for such proportion of the payments required to be made on account of any borrowing under this section as the assessment of rateable property of the municipality bears to the assessment of rateable property of the electrical service area. R.S.O. 1990, c. R.17, s. 11 (4); 1997, c. 29, s. 69 (2).
Financial statements
12. (1) Each commission shall file annually with the council of each area municipality in the electrical service area served by the commission a statement of the affairs of the commission and its capital borrowing forecast.
Auditors
(2) The accounts of each commission shall be audited by such of the auditors of the area municipalities comprising the electrical service area served by the commission as may be jointly appointed by identical by-laws of the councils of the area municipalities. R.S.O. 1990, c. R.17, 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.17, s. 13.
Responsibility of Regional Corporation re hospital aid
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, 1973, 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 24. R.S.O. 1990, c. R.17, 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.17, 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.
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.17, s. 16.
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.17, s. 17.
Where area municipality not deemed municipality
18. (1) No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act.
Information
(2) 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.17, s. 18.
Adjustments
19. 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.17, s. 19.
Powers re facilities
20. (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. 28.
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. 28.
PART V (ss. 21-34) Repealed: 1992, c. 15, s. 94.
Public transportation systems, refuse disposal, entertainment expenses, etc.
35. (1) The Regional Corporation shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210 and section 257 of the Municipal Act applies with necessary modifications.
Delegation of approval
(2) Despite any other provision in this Act, the Regional Council may pass by-laws authorizing the head of the department concerned to grant the approval 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.
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. R.S.O. 1990, c. R.17, s. 35.
Regional transit area
(4) If the Regional Corporation establishes a transportation system in accordance with subsection (1), the Regional Corporation may, by by-law, define a regional transit area within which the transportation system will be provided.
Same
(5) For the purposes of the Public Vehicles Act, a transportation system provided by the Regional Corporation within a regional transit area defined under subsection (4) shall be deemed to be provided within the corporate limits of one urban municipality.
Exclusive right re buses
(6) If the Regional Corporation establishes a transportation system in accordance with subsection (1) and defines a regional transit area under subsection (4), the power of the Regional Corporation under subparagraph 104 i of section 210 of the Municipal Act to pass a by-law providing that the right to maintain and operate buses for the conveyance of passengers within the Regional Area is exclusive as against all other persons applies only with respect to the regional transit area.
Same
(7) If the Regional Corporation establishes a transportation system in accordance with subsection (1), defines a regional transit area under subsection (4) and passes a by-law under subparagraph 104 i of section 210 of the Municipal Act providing that the right to maintain and operate buses for the conveyance of passengers within the regional transit area is exclusive as against all other persons, the by-law does not affect rights existing on the day immediately before the by-law is effective of any licensed public bus transportation operator.
Special levy
(8) The Regional Corporation may, by by-law, direct its area municipalities to levy a special tax rate under section 366 of the Municipal Act on all or part of the rateable property in the regional transit area to raise all or part of the costs of the transportation system, including the costs of establishing, constructing, operating, maintaining, improving, extending and financing the system.
Same
(9) For the purposes of subsection (8), the Regional Corporation may establish different special tax rates for different parts of the regional transit area, and the different rates may vary on any basis that the Regional Corporation considers relevant. 1999, c. 14, Sched. F, s. 11.
Limitation on area municipality
36. (1) Despite paragraph 1 of section 232 and Part XVII.1 of the Municipal Act, an area municipality does not have the power to pass a by-law that the Regional Council has the authority to pass under this section. 1996, c. 1, Sched. M, s. 38 (1).
By-laws by Regional Council
(2) The Regional Council may pass by-laws applicable to one or more area municipalities:
teamsters, cab owners and drivers, etc.
1. For licensing, regulating and governing teamsters, carters, draymen, owners and drivers of cabs, buses, motor or other vehicles used for hire or any class or classes thereof; for establishing the rates or fares to be charged by the owners or drivers of such vehicles for the conveyance of goods or passengers either wholly within an area municipality or to any point not more than five kilometres beyond its limits, and for providing for the collection of such rates or fares; for limiting the number of cabs, buses, motor or other vehicles used for hire, or any class or classes thereof, and for revoking any such licence.
insurance for teamsters, cab owners, etc.
2. For requiring any or all persons mentioned in paragraph 1 to provide public liability, property damage, cargo or other insurance in the form and to the amounts of coverage prescribed in the by-law and, providing that where such insurance is not so provided, the Regional Council may refuse, refuse to renew or revoke any licence issued under paragraph 1.
taxicab brokers
3. For licensing, regulating and governing taxicab brokers and for revoking any such licence and for requiring taxicab brokers to provide public liability, property damage, cargo or other insurance in the form and to the amounts of coverage prescribed in the by-law in respect of each taxicab operated in association with such broker and, providing that where such insurance is not so provided, the Regional Council may refuse, refuse to renew or revoke any such licence.
(a) In this paragraph, “taxicab broker” means any person who accepts calls in any manner for taxicabs that are used for hire and that are owned by persons other than the person, the person’s immediate family or the person’s employer.
salvage shops, etc.
4. For licensing, regulating and governing salvage shops, salvage yards, second-hand goods shops and dealers in second-hand goods, and for revoking any such licence.
(a) In this paragraph,
(i) “dealers in second-hand goods” includes persons who go from house to house or along highways for the purpose of collecting, purchasing or obtaining second-hand goods,
(ii) “salvage yard” includes an automobile wrecking yard or premises,
(iii) “second-hand goods” includes waste paper, rags, bones, bottles, bicycles, automobile tires, old metal and other scrap material and salvage.
(b) The by-law may apply to and require every person using a vehicle for any of the purposes mentioned in this paragraph, either on the person’s own account or as the agent or servant of another person, to take out a licence.
(c) The power of licensing does not apply to persons engaged in any of the objects mentioned in this paragraph for patriotic or charitable purposes.
(d) Repealed: 1996, c. 1, Sched. M, s. 38 (2).
(e) Any licence issued under this paragraph may be issued to authorize the licensee to deal in one class only of second-hand goods or in more than one class as may be specified in the licence, and such licensee is not entitled to deal in any class of second-hand goods not covered by the licensee’s licence. R.S.O. 1990, c. R.17, s. 36 (2); 1996, c. 1, Sched. M, s. 38 (2).
Investigation and report re by-law contravention
(3) 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. 11.
Expenditures for diffusing information
37. 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.17, s. 37.
Chair member of Board of Governors, University of Waterloo
38. (1) For the purpose of membership on the Board of Governors of the University of Waterloo, the chair shall be deemed to be the warden of the County of Waterloo, and section 71 of the Municipal Act applies with necessary modifications thereto.
Interpretation
(2) The Regional Corporation shall be deemed to be the County of Waterloo and the chair shall be deemed to be the Warden of the County for the purposes of The Kitchener-Waterloo Hospital Act, 1960, being chapter 149. R.S.O. 1990, c. R.17, s. 38.
Regional Council deemed board under Public Libraries Act
39. (1) The Regional Council shall for the purposes of the Public Libraries Act be deemed to be a board of a county library.
Operation of regional library service
(2) The operation of the regional library service shall be limited to the township area municipalities. R.S.O. 1990, c. R.17, s. 39.
Definition
“waste” means ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse and such other materials as may be designated by by-law passed by the Regional Council. R.S.O. 1990, c. R.17, s. 40 (1); 1993, c. 20, s. 22 (1).
Disposal of waste
(2) The Regional Corporation shall provide facilities for the purposes of receiving, dumping and disposing of waste, and no area municipality shall provide such facilities. R.S.O. 1990, c. R.17, s. 40 (2).
Designation of facilities
(3) The Regional Council shall, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class or classes thereof and, where such a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been so designated for that area municipality. R.S.O. 1990, c. R.17, s. 40 (3).
Consent of Regional Council required
(4) No facilities for the receiving, dumping and disposing of waste shall be provided in the Regional Area by any person or by any municipality, as defined in the Municipal Affairs Act, or by any other regional municipality or by a metropolitan or district municipality or by the County of Oxford or by a local board of a regional, district or metropolitan municipality or of the County of Oxford without the consent of the Regional Council, which consent may be given upon such terms and conditions, including the payment of compensation, as may be agreed upon. R.S.O. 1990, c. R.17, s. 40 (4).
Where consent refused
(5) Where the Regional Council refuses its consent under subsection (4) or the applicant and the Regional Council fail to agree on the terms and conditions related to the consent, the applicant may appeal to the Municipal Board which shall hear and determine the matter, and may impose such terms and conditions as the Board considers appropriate and the decision of the Board is final. R.S.O. 1990, c. R.17, s. 40 (5).
Powers respecting disposal of waste
(6) For the purposes of subsection (2), the Regional Corporation may,
(a) Repealed: 1993, c. 20, s. 17 (1).
(b) Repealed: 1993, c. 20, s. 17 (1).
(c) Repealed: 1993, c. 20, s. 17 (1).
(d) Repealed: 1993, c. 20, s. 17 (1).
(e) Repealed: 1993, c. 20, s. 17 (1).
(f) provide standards and regulations for vehicles, or any class or classes thereof, used for the haulage of waste to any waste facility located in the Regional Area. R.S.O. 1990, c. R.17, s. 40 (6); 1993, c. 20, s. 17 (1).
Powers, etc.
(6.1) For the purposes of subsection (2), sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Regional Corporation. 1993, c. 20, s. 17 (2).
Payment to area municipality
(7) 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 any municipal facility for the receiving, dumping and disposing of waste assumed by the Regional Corporation. R.S.O. 1990, c. R.17, s. 40 (7).
Interest
(8) If the Regional Corporation fails to make any payment required under subsection (7), on or before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum, 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.17, s. 40 (8).
(9) Repealed: 1993, c. 20, s. 17 (3).
Non-applicability of certain by-laws
(10) 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.17, s. 40 (10).
Restrictions respecting the hauling of wastes
(11) The Regional Council may by by-law prescribe one or more routes on specified regional roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in the Regional Area, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.17, s. 40 (11).
Idem
(12) Subject to the approval of the Regional Council, the council of an area municipality may by by-law prescribe one or more routes on specified area municipality roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in such area municipality, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.17, s. 40 (12).
Conversion of waste
(13) The Regional Corporation may erect, maintain and operate buildings, structures, machinery or equipment for the purposes of recovering, manufacturing, producing, supplying, selling or distributing from domestic or industrial sewage or waste any product, resource, commodity, electrical power or energy, hot water or steam, and for such purposes may,
(a) enter into agreements with any person;
(b) carry on investigations, experiments, research or development;
(c) construct and maintain pipes, apparatus and equipment on, over, under or across any highway or any other land with the consent of the owner of such land; and
(d) acquire any patent or licence or any interest in any patent or licence, or dispose of any patent or licence by sale or otherwise. R.S.O. 1990, c. R.17, s. 40 (13).
Definition
(14) In subsection (13),
“product” includes fuel derived from waste. R.S.O. 1990, c. R.17, s. 40 (14).
Non-applicability of Municipal Franchises Act
(15) The Municipal Franchises Act does not apply to any act of the Regional Corporation under subsection (13). R.S.O. 1990, c. R.17, s. 40 (15).
Collection and removal of waste in area municipality
41. (1) The Regional Council may, with the consent of an area municipality, assume the responsibility for the collection and removal of waste for that area municipality or for one or more defined areas therein. R.S.O. 1990, c. R.17, s. 41 (1).
Consent required for repeal of regional by-law
(2) A by-law passed by Regional Council under subsection (1) shall not be repealed without the consent of the area municipality which consented to the passing of the by-law. R.S.O. 1990, c. R.17, s. 41 (2).
Where Regional Corporation responsible for collection of waste in area municipality
(3) On and after the effective day of a by-law passed under subsection (1),
(a) the Regional Corporation shall be responsible for the collection and removal of waste in the area municipality or defined areas therein to which the by-law applies;
(b) for the purposes of clause (a), the Regional Corporation has all the powers conferred by any general or special Act upon the area municipality or local board thereof for the collection and removal of waste;
(c) no area municipality shall collect or remove waste in the area municipality or defined areas therein to which the by-law applies without the consent of the Regional Council, which consent may be given upon such terms and conditions, including the payment of compensation, as may be agreed upon;
(d) all rights and obligations and all personal property of the area municipality pertaining to or exclusively used for the collection and removal of waste in the area municipality or defined areas therein to which the by-law applies are vested in the Regional Corporation without compensation;
(e) subsections 40 (7) and (8) apply with necessary modifications to outstanding debts in respect of the property vested in the Regional Corporation under clause (d); and
(f) where, prior to the effective date of the by-law, the area municipality had entered into an agreement for another municipality or person to collect and remove waste in the area municipality or defined area therein to which the by-law applies, the Regional Corporation shall be bound by the agreement, and the area municipality is relieved of all liability under the agreement. R.S.O. 1990, c. R.17, s. 41 (3).
Offer of employment to be made
(4) The Regional Council shall offer to employ every person who on the effective date of the by-law passed under subsection (1) is employed by the area municipality in the collection and removal of waste in the area municipality or defined area therein to which the by-law applies. R.S.O. 1990, c. R.17, s. 41 (4).
Salary to be paid in first year
(5) Any person who accepts employment under subsection (4) is entitled to receive a wage or salary for the one-year period following such acceptance of not less than that person was receiving on the date the by-law was passed. R.S.O. 1990, c. R.17, s. 41 (5).
Application of certain provisions
(6) Subsections 24 (2), (3), (5), (10), (11) and (13) of the Regional Municipality of Waterloo Act, being chapter 442 of the Revised Statutes of Ontario, 1980, apply with necessary modifications to a person who accepts employment with the Regional Corporation under subsection (4). R.S.O. 1990, c. R.17, s. 41 (6).
Costs may be recovered from area municipality
(7) The Regional Council may by by-law provide for imposing on and collecting from an area municipality in which or in defined areas of which it collects and removes waste, a waste collection rate sufficient to pay the whole or such portion as the by-law may specify of the regional capital costs including debentures charges and expenditures for maintenance and operation of the waste collection and removal system in the area municipality and such rate may be based on the volume, weight or class of waste collected and removed or on any other basis that the by-law may specify. R.S.O. 1990, c. R.17, s. 41 (7).
Idem
(8) All rates under subsection (7) constitute a debt of the area municipality to the Regional Corporation and shall be payable at such times and in such amounts as may be specified by by-law of the Regional Council. R.S.O. 1990, c. R.17, s. 41 (8).
Payment by area municipality
(9) The area municipality may,
(a) pay the whole or part of the amount chargeable to it under this section out of its general funds;
(b) pass by-laws under section 208.5 and clause 208.6 (2) (b) of the Municipal Act for imposing rates to recover the whole or part of the amount chargeable to the area municipality; and
(c) pass by-laws for imposing rates to recover the whole or part of the amount chargeable as part of the cost of an urban service within an urban service area established in the area municipality under any general or special Act. R.S.O. 1990, c. R.17, s. 41 (9); 1993, c. 20, s. 18.
Recycling programs
42. (1) The Regional Corporation may establish and operate programs for the reduction, recovery, recycling and reuse of waste and the Regional Corporation may enter into agreements with one or more area municipalities to provide for the joint management and operation of the programs upon such terms and conditions as may be agreed upon.
Agreements
(2) An agreement under subsection (1) may provide that the Regional Corporation shall be responsible for the collection and marketing of waste separated by the public at source for recycling or reuse. R.S.O. 1990, c. R.17, s. 42.
Recreation and parks management board
43. The Minister may by order, on the request of any area municipality, dissolve any board of a community recreation centre or board of recreation or park management of the area municipality and transfer the assets and liabilities of such board to the area municipality and may deem the council of the area municipality 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.17, s. 43.
44. Repealed: 1997, c. 31, s. 176.
Public library boards
45. Despite the Public Libraries Act, the Minister may by order provide for the establishment of a public library board in any area municipality and for the transfer of any assets and liabilities of any former public library board to such new board. R.S.O. 1990, c. R.17, s. 45.
Power of cities in Regional Area to pass by-laws
46. 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.17, s. 46.
Definition
“public historical museum” includes Doon Pioneer Village and Heritage Community.
Public historical museums
(2) The Regional Corporation may acquire, erect, alter, maintain, operate and manage public historical museums and, without limiting the generality of the foregoing, the Regional Corporation may,
(a) prescribe admission fees to any such public historical museum;
(b) receive donations of money by gift, subscription, grant, bequest or otherwise for the purposes of such public historical museums;
(c) receive or acquire by purchase, donation, lease, public subscription, grant, bequest or otherwise, and hold, preserve, maintain, reconstruct, restore, and manage property of historical interest;
(d) enter into agreements with prospective donors, subject to any conditions governing the use of the donation;
(e) subject to the terms of any trust in connection with such property, dispose of property received or acquired for any such public historical museum by sale, lease or any other manner and execute such deeds or other instruments as may be required to effect such disposal; and
(f) act as trustee with respect to real or personal property donated to any such public historical museum or donated to the Regional Corporation for the purposes of any such public historical museum.
Application of property
(3) No property received by the Regional Corporation for the purpose of a public historical museum shall be used for any other purpose of the Regional Corporation and where the Regional Corporation disposes of any property under clause (2) (e), it shall use any money or other property received as a result of the disposition for the purposes of its public historical museums.
Delivery of after-acquired property
(4) Where, after the 1st day of March, 1983, the Grand River Conservation Authority or the Ontario Pioneer Community Foundation receives any property for the purpose of the Doon Pioneer Village and Heritage Community, the Authority or the Foundation, as the case may be, shall forthwith deliver the property to the Regional Corporation. R.S.O. 1990, c. R.17, s. 47.
Definitions
“development” means development as defined in subsection 41 (1) of the Planning Act; (“exploitation”)
“industrial development charge” means a uniform charge per hectare based on the total area of the land and all or any part of the net cost of providing the services; (“redevance relative à l’exploitation industrielle”)
“land” means the land described in the Schedule to subsection (2); (“bien-fonds”)
“net cost of providing the services” means the total cost to the Regional Corporation of providing the services after deducting all grants, subsidies or payments and any other money from any source which have been or will be received in respect of or applied against the cost of providing the services; (“coût net de la prestation des services”)
“services” means the undertakings and works prescribed by the Minister. (“services”)
Industrial development charge
(2) The Regional Corporation may, in respect of any commercial or industrial development on all or any portion of the land described in the following Schedule, impose on and collect from the registered owners of all or any portion of the land being so developed an industrial development charge to defray all or any part of the net cost of providing the services:
SCHEDULE
The land located in the following areas:
1. The portion of the City of Cambridge described as follows:
Beginning at the intersection of the northwesterly limit of the King’s Highway No. 401 and the northeasterly limit of the right-of-way of the Grand River Railway;
Thence northwesterly along the Grand River Railway to a westerly boundary of the City of Cambridge;
Thence southerly along the said westerly boundary to the northerly limit of the King’s Highway No. 401;
Thence easterly along the northerly limit of the said Highway to the place of beginning.
2. The portion of the City of Kitchener described as follows:
Beginning at the intersection of the easterly boundary of the City of Kitchener and the northerly limit of the King’s Highway No. 401;
Thence westerly along the northerly limit of the King’s Highway No. 401 to the northeasterly limit of the King’s Highway No. 8 (Old);
Thence northwesterly along the said northeasterly limit to the southwesterly limit of the King’s Highway No. 8 (New);
Thence southeasterly along the southwesterly limit of the said King’s Highway No. 8 (New) to the easterly boundary of the City of Kitchener;
Thence southerly along the said easterly boundary to the place of beginning.
Charge constitutes debt of registered owner
(3) An industrial development charge imposed under subsection (2) constitutes a debt of the registered owner to the Regional Corporation and may be recovered in a court of competent jurisdiction.
Payment of charge necessary before building permit issued
(4) An industrial development charge imposed under subsection (2) shall be paid before the issuance of any building permit required for the development.
Deeming provision
(5) Subsection (4) shall be deemed to be “applicable law” for the purposes of clause 6 (1) (a) of the Building Code Act.
Disputes referred to Municipal Board
(6) If the registered owner of the land upon which an industrial development charge has been imposed under subsection (2) disputes the amount of the charge, the registered owner, at any time prior to paying the charge to the Regional Corporation, may apply to the Municipal Board by written notice to the secretary of the Board and to the Regional Corporation, and the Board shall hear and determine the matter.
Reduction of industrial development charge
(7) Subject to subsection (8), the amount of any development or lot charge imposed on the land by the Regional Corporation under section 51 of the Planning Act shall be reduced by the amount of the industrial development charge imposed and collected on the same land under this section.
Idem
(8) The amount of the reduction in the charge imposed under section 51 of the Planning Act arising out of the imposition of the industrial development charge shall not exceed the amount of the charge imposed under section 51 of the Planning Act.
Order of Minister
(9) The Minister may by order prescribe the undertakings and works to which this section applies.
Deeming provision
(10) The services shall be deemed to be provided to and utilized by any commercial or industrial development of all or any portion of the land. R.S.O. 1990, c. R.17, s. 48.
Application of Regional Municipalities Act
49. Except as otherwise provided therein, all the provisions of the Regional Municipalities Act apply to The Regional Municipality of Waterloo as though they were set out in, and formed a part of, this Act. R.S.O. 1990, c. R.17, s. 49.
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