Municipal Act, 2001
S.O. 2001, CHAPTER 25
Consolidation Period: From May 14, 2008 to the e-Laws currency date.
Last amendment: 2008, c. 7, Sched. O.
CONTENTS
PART I | |
Interpretation | |
Purposes | |
Consultation | |
Agreements with the federal government | |
Body corporate | |
Powers exercised by council | |
Expropriation | |
Special Acts | |
Application re City of Toronto | |
PART II | |
Scope of powers | |
Powers of a natural person | |
Broad authority, single-tier municipalities | |
Broad authority, lower-tier and upper-tier municipalities | |
Definitions | |
Previous transfer of powers | |
Conflict between certain by-laws | |
Inoperative by-law | |
Conflict between by-law and statutes, etc. | |
Specific powers, by-laws under general powers | |
Restrictions, financial matters | |
Monopolies | |
Limited to municipal boundaries | |
Joint undertakings | |
Agreements with First Nation | |
Agreements with province | |
Agreements respecting private services | |
General power to delegate | |
Restriction re delegation of legislative and quasi-judicial powers | |
Powers that cannot be delegated | |
Effect of delegation to municipal service boards | |
Delegation re hearings | |
PART III | |
Definitions | |
Provincial highways | |
What constitutes highway | |
By-laws | |
Jurisdiction | |
Boundary lines | |
Agreement | |
Ownership | |
Establishing highways | |
Unorganized territory | |
Highway closing procedures | |
Restricting common law right of passage | |
Toll highways | |
Conveyance of closed highway | |
Maintenance | |
No personal liability | |
Nuisance | |
Naming private roads | |
Restriction, motor vehicles | |
Restriction, farming vehicles | |
Jurisdiction, upper-tier municipality | |
Transfer of jurisdiction | |
Jurisdiction re: bridges | |
Upper-tier sidewalks | |
Intersections | |
Zoning restrictions | |
Sign restrictions | |
Entry on land, snow fences | |
Entry on land, naming highways | |
Entry on land, tree trimming | |
Application to court | |
Impounding of objects, vehicles on highway | |
Territorial district | |
Mistakes | |
Highways not opened on original road allowance | |
Person in possession | |
Enclosed road allowance | |
Passenger transportation systems | |
Airports | |
London | |
Waterloo | |
Deeming provision, Waterloo | |
Power exercised outside municipality re waste management | |
Designation of services, facilities | |
Entry and inspection | |
Entry on land | |
Entry into buildings, etc. | |
Entry on land served by public utility | |
Shut off of public utility | |
No liability for damages | |
Security | |
Exemption from seizure | |
Mandatory supply | |
Entry on land re: sewage systems | |
Upper-tier entry on land | |
Dual authority | |
Exemption from levy | |
Easements, public utilities | |
Non-municipal public utilities | |
Power exercised outside municipality re culture, parks, etc. | |
Agreement, conservation authority | |
Power exercised outside municipality, flood control | |
Entry on land | |
Non-application of Act | |
Advertising devices | |
Demolition and conversion of residential rental properties | |
Parking lots | |
Other land | |
Impounding vehicles parked | |
Disabled parking permits | |
Administrative penalties, parking by-laws | |
Impounding animals | |
Muzzling of dogs | |
Assistance prohibited | |
General power to make grants | |
Small business counselling | |
Agreements for municipal capital facilities | |
Promotion by lower-tier municipality, special case | |
Industrial, commercial and institutional sites | |
Markets | |
Exhibitions | |
Smoking in public places, etc. | |
Emergency communication system | |
Scaffolding, trenches, safety devices | |
Discharge of weapons | |
Explosives | |
Fireworks | |
Snow and ice | |
Dangerous places | |
Pits and quarries | |
Heating and cooking appliances | |
Public fairs and events | |
Refuse and debris | |
Public nuisances | |
Noise, odour, dust, etc. | |
Wrecking, salvaging of motor vehicles | |
Repairs or alterations | |
Fortification of land | |
Conveyance of prisoners | |
Tree by-laws | |
Agreement re: enforcement by upper-tier | |
Agreement re: enforcement by lower-tier | |
Planting trees adjacent to highways | |
Site alteration | |
Agreement re: enforcement by upper-tier | |
Agreement re: enforcement by lower-tier | |
Energy conservation programs | |
Hours of closing | |
Annual dues | |
PART IV | |
Definition | |
Powers re licences | |
Restriction re systems of licences | |
Limitation re location of business | |
Restrictions re adult entertainment establishments | |
Licensing tow trucks, etc. | |
Licensing taxicabs | |
Reciprocal licensing arrangement | |
Regulations | |
Conflicts | |
Other by-laws | |
Regional Municipality of Waterloo | |
Regional Municipality of York | |
Restrictions re group homes | |
Trailers | |
Motor vehicle racing | |
PART V | |
Purposes | |
Definitions | |
Proposal to restructure | |
Commission | |
Commission orders | |
Regulations | |
Procedures | |
Debt | |
Principles and standards to be considered | |
Incorporation in unorganized territory | |
Annexation | |
Dissolution | |
Public hearing | |
Conflicts with official plan | |
Transition | |
Order prevails | |
Change of name | |
Interpretation | |
Transfer of power to upper-tier | |
Effect of by-law | |
Transfer of power to lower-tier | |
Effect of by-law | |
Regulations | |
Definitions | |
Municipal service boards | |
Power to establish municipal service boards | |
Status of municipal service boards | |
Functions of municipal service boards | |
Joint municipal service boards | |
Power to establish corporations | |
Designation of improvement area | |
Budget | |
Notice | |
Annual report | |
Funds to be raised | |
Changes to boundary | |
Notice | |
Repeal of by-law | |
Effect of by-law | |
Tenants | |
Dissolution of board | |
Regulations | |
Power to dissolve or change local boards | |
Composition of council of local municipality | |
Composition of upper-tier council | |
Notice | |
Change of titles | |
Conflicts | |
Establishment of wards | |
Petition re: wards | |
PART V.1 | |
Definitions | |
Code of conduct | |
Integrity Commissioner | |
Inquiry by Commissioner | |
Duty of confidentiality | |
Report to council | |
Testimony | |
Reference to appropriate authorities | |
Registry | |
Prohibition on contingency fees | |
Registrar for lobbying matters | |
Inquiry by registrar | |
Ombudsman | |
Investigation | |
Duty of confidentiality | |
No review, etc. | |
Testimony | |
Effect on other rights, etc. | |
Auditor General | |
Duty to furnish information | |
Powers re examination | |
Duty of confidentiality | |
Testimony | |
Regulations | |
PART VI | |
Role of council | |
Role of head of council | |
Substitution | |
Head of council as chief executive officer | |
Municipal administration | |
Clerk | |
Chief administrative officer | |
First council meeting | |
Deemed organization | |
Declaration of office | |
Appointment of head | |
Timing of appointments | |
Term, upper-tier members | |
Location | |
Quorum | |
Procedure by-law | |
Meetings open to public | |
Investigation | |
Investigator | |
Calling of meetings | |
Head of council | |
Absence of head | |
Voting | |
Open voting | |
Tie votes | |
Recorded vote | |
Language of by-laws | |
Municipal code | |
Seal | |
By-laws upon application | |
Inspection of records | |
Retention of records | |
Retention periods | |
Eligibility, local municipality | |
Eligibility, upper-tier municipality | |
Ineligible | |
Vacant seat | |
Resignation as member | |
Restriction | |
Declaration | |
Filling vacancies | |
Term | |
Application to court | |
Minister’s order | |
Temporary vacancy | |
Interpretation | |
Adoption of policies | |
Restriction on quashing by-law | |
Application to quash by-law | |
Investigation by judge | |
Restricted acts | |
Definitions | |
Insurance | |
Powers re: local boards | |
Sick leave credit gratuities | |
Insurance, health, etc. | |
Remuneration and expenses | |
Statement | |
Power to authorize review or appeal | |
PART VII | |
Fiscal year | |
Treasurer | |
Signatures of cheques | |
Yearly budgets, upper-tier | |
Yearly budget, local municipalities | |
Multi-year budget | |
Change in financial reporting requirements, regulations | |
Regulations, reserve fund | |
Annual return | |
Annual financial statements | |
Publication of financial statements, etc. | |
Auditor | |
Right of access | |
Default in providing information | |
Information re: municipal operations | |
Financial information | |
Financial assistance | |
Use of collection agency | |
Sale of debt | |
PART VIII | |
Definitions | |
Taxes to be levied equally | |
Establishment of tax ratios | |
Restrictions, tax ratios for certain property classes | |
Separated municipalities | |
Delegation to lower-tiers | |
Upper-tier levies | |
Local municipality levies | |
Prescribed subclass tax reductions | |
Graduated tax rates | |
Taxation of certain railway, power utility lands | |
Interim financing, upper-tier | |
Interim levy, local municipality | |
Phase-in of tax changes resulting from reassessments | |
Tax deferrals, relief of financial hardship | |
Taxes on international bridges and tunnels | |
Payments in lieu of taxes, distribution | |
Universities, etc., liable to tax | |
Non-profit hospital service corporation | |
By-laws re special services | |
PART IX | |
Interpretation | |
Determination of taxes | |
Determination of maximum taxes | |
Municipal option: application of certain provisions of the Act | |
By-law to provide for recoveries | |
Taxes on eligible properties | |
Tenants of leased premises | |
Recouping of landlord’s shortfall | |
Application for cancellation, etc. | |
Part prevails | |
Conflicts | |
Where person undercharged | |
Adjustments | |
Regulations | |
PART X | |
Definitions | |
Tax roll | |
Adjustments to roll | |
By-laws re: instalments | |
Tax bill | |
Form of tax bills | |
Late payment charges | |
Payment | |
Allocation of payment | |
Determination of tax status | |
Recovery of taxes | |
Obligations of tenant | |
Seizure | |
Statement | |
Taxes collected on behalf of other bodies | |
Write-off of taxes | |
Refund on cancelled assessment | |
Taxes less than minimum tax amount | |
Division into parcels | |
Cancellation, reduction, refund of taxes | |
Tax relief re: cemeteries | |
Overcharges | |
Increase of taxes | |
Error in calculating taxes | |
Regulation | |
Rebates for charities | |
Tax reductions | |
Vacant unit rebate | |
Cancellation, reduction or refund of taxes | |
Cancellation of taxes, rehabilitation and development period | |
Tax reduction for heritage property | |
Change of assessment | |
Federal Crown land | |
Gross leases (property taxes) | |
Gross leases (business improvement area charges) | |
Offence | |
Holidays | |
Urban service areas | |
PART XI | |
Interpretation | |
Interpretation | |
Registration of tax arrears certificate | |
Notice of registration | |
Cancellation of tax arrears certificate | |
Accounting for cancellation price | |
Extension agreements | |
Public sale | |
Application of proceeds | |
No successful purchaser | |
Methods of giving notice | |
Voidable proceedings | |
Effect of registration | |
Mining rights | |
Scale of costs | |
Collection of tax arrears by upper-tier municipality | |
Immunity from civil actions | |
Power of entry | |
Inspection without warrant | |
Inspection warrant | |
Inspection with warrant | |
Obstruction | |
Regulations | |
Transition, prior registrations | |
Restriction | |
PART XII | |
Definitions | |
By-laws re: fees and charges | |
Restriction, poll tax | |
Restriction, fees and charges | |
Restriction, charges for gas | |
Approval of local board by-law | |
Debt | |
No application to O.M.B. | |
Regulations | |
PART XIII | |
Debt | |
Notice | |
Payments by lower-tier municipalities not located in counties | |
Borrowing for school boards, other municipalities | |
Temporary borrowing for works | |
Temporary borrowing, other entity | |
Borrowing for current expenditures | |
By-laws re: debentures | |
Sinking and retirement fund debentures | |
Sinking fund committee | |
Debentures in foreign currency | |
Fixed rate of interest | |
Use of money received | |
Restrictions | |
Registration of debenture by-law | |
Interest paid for over a year | |
Reserve funds | |
Investment | |
Agreements | |
Loan of securities | |
Offence | |
Prohibition | |
Liability of members for diversion of funds | |
PART XIV | |
Authority to create offences | |
Offence re obstruction, etc. | |
Offence re disabled parking | |
Offence re illegally parked vehicle | |
Authority to establish fines | |
Additional penalty re adult entertainment establishments | |
Additional order to discontinue or remedy | |
Payments out of court | |
Municipality entitled to fines | |
Fines, special cases | |
Conditions governing powers of entry | |
Power of entry re inspection | |
Restriction re dwellings | |
Inspection pursuant to order | |
Search warrant | |
Power to restrain | |
Collection of unpaid licensing fines | |
Enforcement of agreements, etc. | |
Enforcement of loans by a municipality | |
Order to discontinue activity | |
Work order | |
Remedial action | |
Closing premises, lack of licence | |
Closing premises, public nuisance | |
Inspection of buildings containing marijuana grow operations | |
Where marijuana grow operation is in a lower-tier municipality | |
Co-ordination of enforcement | |
Proof of by-laws | |
Matters of evidence re other documents | |
Costs in legal proceedings | |
Power to adopt other codes, etc. | |
Application of Part to other Acts | |
PART XV | |
Immunity | |
Liability in nuisance re: water and sewage | |
Policy decisions | |
PART XVI | |
Scope | |
Regulations re the provincial interest | |
Regulations respecting powers | |
Regulations, transitional matters | |
Forms | |
PART XVII | |
Transition | |
Police villages | |
Continuation of by-laws, resolutions | |
Continuation of by-laws, resolutions | |
Deemed by-law re powers and duties | |
Composition of councils continued | |
Wards continue | |
Continuation of services | |
Conflict re: tree by-laws | |
Agreement re: flood control | |
Canals | |
Pensions | |
Past tax deferrals | |
Liability re: fire service | |
Board of control, City of London | |
Waste | |
Boundary orders | |
Telephone system | |
Dissolution of Oxford County Board of Health | |
Terms in other Acts | |
Taxes imposed under certain Parts of old Act | |
Transitional rules, municipal restructuring | |
Continuation of provisions re: restructuring | |
Certain tax credit by-laws | |
Pipe line | |
Trust fund | |
Home for the aged, Oxford | |
Home for the aged, Muskoka | |
Financial matters, London-Middlesex | |
County of Simcoe | |
Local improvement matters | |
Continued application | |
PART XVII.1 | |
Township of Innisfil | |
County of Brant | |
City of Cornwall | |
St. George | |
County of Oxford | |
Waterloo | |
Muskoka | |
County of Middlesex | |
County of Simcoe | |
Simcoe, consents | |
Regional municipalities | |
PART I
GENERAL
Interpretation
“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)
“business licensing by-law” means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; (“règlement sur les permis d’entreprise”)
“county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”)
“economic development services” means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)
“First Nation” means a band as defined in the Indian Act (Canada); (“Première nation”)
“highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway; (“voie publique”)
“land” includes buildings; (“bien-fonds”)
“licence”, in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and “licensing” has a corresponding meaning; (“permis”)
“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)
“local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)
“lower-tier municipality” means a municipality that forms part of an upper-tier municipality for municipal purposes; (“municipalité de palier inférieur”)
“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)
“old Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read immediately before its repeal under this Act; (“ancienne loi”)
“person” includes a municipality unless the context otherwise requires; (“personne”)
“power”, in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; (“pouvoir”)
“prescribed” means prescribed by regulations made under this Act; (“prescrit”)
“public utility” means,
(a) a system that is used to provide any of the following services or things for the public:
(i) water,
(ii) sewage,
(iii) fuel, including natural and artificial gas,
(iv) energy, excluding electricity,
(v) heating and cooling, and
(vi) telephone, and
(b) the service or thing that is provided; (“service public”)
“rateable property” means land that is subject to municipal taxation; (“bien imposable”)
“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, financial statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs and films; (“document”)
“regional municipality” means an upper-tier municipality that was a regional or district municipality or the County of Oxford on December 31, 2002; (“municipalité régionale”)
“regular election” means the regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (“élections ordinaires”)
“sewage” includes,
(a) storm water and other drainage from land, and
(b) commercial wastes and industrial wastes that are disposed of in a sewage system; (“eaux d’égout”)
“single-tier municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes; (“municipalité à palier unique”)
“spouse” means a person,
(a) to whom the person is married, or
(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)
“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)
“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)
“unorganized territory” means a geographic area without municipal organization; (“territoire non érigé en municipalité”)
“upper-tier municipality” means a municipality of which two or more lower-tier municipalities form part for municipal purposes. (“municipalité de palier supérieur”) 2001, c. 25, s. 1 (1); 2005, c. 5, s. 44 (1, 2); 2006, c. 9, Sched. H, s. 5 (1); 2006, c. 32, Sched. A, s. 1.
Municipality
(2) In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires. 2001, c. 25, s. 1 (2).
Amount added to tax roll
(2.1) If, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act. 2002, c. 17, Sched. A, s. 1 (1).
Amounts imposed by upper-tier, etc.
(2.2) The treasurer of a local municipality shall, upon the request of its upper-tier municipality, if any, or of a local board or school board whose area of jurisdiction includes any part of the local municipality, add amounts imposed by the upper-tier municipality, local board or school board, respectively, under subsection (2.1). 2002, c. 17, Sched. A, s. 1 (1).
Priority lien status
(3) If an amount is added to the tax roll in respect of a property under subsection (2.1) or (2.2), that amount, including interest,
(a) may be collected in the same manner as taxes on the property;
(b) may be recovered with costs as a debt due to the municipality from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;
(c) is a special lien on the property in the same manner as are taxes under subsection 349 (3); and
(d) may be included in the cancellation price under Part XI in the same manner as are taxes on the property. 2002, c. 17, Sched. A, s. 1 (2).
Application to other Acts
(4) This section applies to all other Acts or provisions of Acts affecting or relating to municipal matters unless the context otherwise requires. 2001, c. 25, s. 1 (4).
General definitions
(5) Unless the context otherwise requires, the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”, “regional municipality”, “single-tier municipality” and “upper-tier municipality”, when used in any other Act or regulation, have the same meanings as in subsection (1). 2002, c. 17, Sched. A, s. 1 (3).
Purposes
2. Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters. 2006, c. 32, Sched. A, s. 2.
Consultation
3. (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario. 2005, c. 8, s. 1.
Review
(2) The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review. 2001, c. 25, s. 3 (2).
Agreements with the federal government
3.1 The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality’s jurisdiction. 2006, c. 32, Sched. A, s. 3.
Body corporate
4. (1) The inhabitants of every municipality are incorporated as a body corporate. 2001, c. 25, s. 4.
Non-application
(2) The Corporations Act and the Corporations Information Act do not apply to a municipality. 2006, c. 32, Sched. A, s. 4.
Powers exercised by council
5. (1) The powers of a municipality shall be exercised by its council. 2001, c. 25, s. 5 (1).
Council a continuing body
(2) Anything begun by one council may be continued and completed by a succeeding council. 2001, c. 25, s. 5 (2).
Powers exercised by by-law
(3) A municipal power, including a municipality’s capacity, rights, powers and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. 2001, c. 25, s. 5 (3); 2006, c. 32, Sched. A, s. 5.
Scope
(4) Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise. 2001, c. 25, s. 5 (4).
Expropriation
6. (1) The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2001, c. 25, s. 6.
Extended power
(2) A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land. 2002, c. 17, Sched. A, s. 2.
Special Acts
“special Act” means an Act relating to a particular municipality. 2001, c. 25, s. 7 (1).
Relationship between this Act and special Acts
(2) Except where otherwise expressly or by necessary implication provided,
(a) this Act does not limit or restrict the powers of a municipality under a special Act; and
(b) a special Act does not limit or restrict the powers of a municipality under this Act. 2001, c. 25, s. 7 (2).
Override power
(3) Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act:
1. Changing the name of the municipality.
2. Transferring powers between upper-tier and lower-tier municipalities.
3. Dissolving or changing local boards.
4. Changing the composition of council.
5. Establishing, chan