Municipal Act, 2001, S.O. 2001, c. 25

Municipal Act, 2001

S.O. 2001, CHAPTER 25

Consolidation Period: From January 1, 2012 to the e-Laws currency date.

Note: July 1, 2012 has been named by proclamation as the day on which the amendments made by 2006, c. 34, Sched. D, s. 96 come into force.

Last amendment: 2011, c. 6, Sched. 1, s. 187.

SKIP TABLE OF CONTENTS

CONTENTS


PART I GENERAL
1.	Interpretation
2.	Purposes
3.	Consultation
3.1	Agreements with the federal government
4.	Body corporate
5.	Powers exercised by council
6.	Expropriation
7.	Special Acts
7.1	Application re City of Toronto
PART II GENERAL MUNICIPAL POWERS
8.	Scope of powers
9.	Powers of a natural person
10.	Broad authority, single-tier municipalities
Spheres of Jurisdiction
11.	Broad authority, lower-tier and upper-tier municipalities
11.1	Definitions
12.	Previous transfer of powers
General Restrictions
13.	Conflict between certain by-laws
13.1	Inoperative by-law
14.	Conflict between by-law and statutes, etc.
Restrictions Affecting Municipal Powers
15.	Specific powers, by-laws under general powers
17.	Restrictions, financial matters
18.	Monopolies
Geographic Application
19.	Limited to municipal boundaries
Agreements
20.	Joint undertakings
21.	Agreements with First Nation
22.	Agreements with province
23.	Agreements respecting private services
Delegation of Powers and Duties
23.1	General power to delegate
23.2	Restriction re delegation of legislative and quasi-judicial powers
23.3	Powers that cannot be delegated
23.4	Effect of delegation to municipal service boards
23.5	Delegation re hearings
PART III SPECIFIC MUNICIPAL POWERS
Highways
24.	Definitions
25.	Provincial highways
26.	What constitutes highway
27.	By-laws
28.	Jurisdiction
29.	Boundary lines
29.1	Agreement
30.	Ownership
31.	Establishing highways
32.	Unorganized territory
34.	Highway closing procedures
35.	Restricting common law right of passage
40.	Toll highways
43.	Conveyance of closed highway
44.	Maintenance
45.	No personal liability
46.	Nuisance
48.	Naming private roads
50.	Restriction, motor vehicles
51.	Restriction, farming vehicles
52.	Jurisdiction, upper-tier municipality
53.	Transfer of jurisdiction
54.	Jurisdiction re: bridges
55.	Upper-tier sidewalks
56.	Intersections
58.	Zoning restrictions
59.	Sign restrictions
60.	Entry on land, snow fences
61.	Entry on land, naming highways
62.	Entry on land, tree trimming
62.1	Application to court
63.	Impounding of objects, vehicles on highway
64.	Territorial district
65.	Mistakes
66.	Highways not opened on original road allowance
67.	Person in possession
68.	Enclosed road allowance
Transportation
69.	Passenger transportation systems
70.	Airports
71.	London
72.	Waterloo
73.	Deeming provision, Waterloo
Waste Management
74.	Power exercised outside municipality re waste management
75.	Designation of services, facilities
76.	Entry and inspection
Public Utilities
78.	Entry on land
79.	Entry into buildings, etc.
80.	Entry on land served by public utility
81.	Shut off of public utility
82.	No liability for damages
83.	Security
85.	Exemption from seizure
86.	Mandatory supply
87.	Entry on land re: sewage systems
88.	Upper-tier entry on land
89.	Dual authority
90.	Exemption from levy
91.	Easements, public utilities
93.	Non-municipal public utilities
Culture, Parks, Recreation and Heritage
94.	Power exercised outside municipality re culture, parks, etc.
95.	Agreement, conservation authority
Drainage and Flood Control
96.	Power exercised outside municipality, flood control
97.	Entry on land
Structures, Including Fences and Signs
98.	Non-application of Act
99.	Advertising devices
99.1	Demolition and conversion of residential rental properties
Parking, Except on Highways
100.	Parking lots
100.1	Other land
101.	Impounding vehicles parked
102.	Accessible parking permits
102.1	Administrative penalties, parking by-laws
Animals
103.	Impounding animals
105.	Muzzling of dogs
Economic Development Services
106.	Assistance prohibited
107.	General power to make grants
108.	Small business counselling
110.	Agreements for municipal capital facilities
111.	Promotion by lower-tier municipality, special case
112.	Industrial, commercial and institutional sites
113.	Markets
114.	Exhibitions
Health, Safety and Nuisance
115.	Smoking in public places, etc.
116.	Emergency communication system
118.	Scaffolding, trenches, safety devices
119.	Discharge of weapons
120.	Explosives
121.	Fireworks
122.	Snow and ice
123.	Dangerous places
124.	Pits and quarries
125.	Heating and cooking appliances
126.	Public fairs and events
127.	Refuse and debris
128.	Public nuisances
129.	Noise, odour, dust, etc.
131.	Wrecking, salvaging of motor vehicles
132.	Repairs or alterations
133.	Fortification of land
134.	Conveyance of prisoners
Natural Environment
135.	Tree by-laws
139.	Agreement re: enforcement by upper-tier
140.	Agreement re: enforcement by lower-tier
141.	Planting trees adjacent to highways
142.	Site alteration
145.	Agreement re: enforcement by upper-tier
146.	Agreement re: enforcement by lower-tier
147.	Energy conservation programs
Closing of Retail Business Establishments
148.	Hours of closing
Annual Farm Dues
149.	Annual dues
PART IV LICENCES
150.	Definition
151.	Powers re licences
152.	Restriction re systems of licences
153.	Limitation re location of business
154.	Restrictions re adult entertainment establishments
155.	Licensing tow trucks, etc.
156.	Licensing taxicabs
157.	Reciprocal licensing arrangement
158.	Regulations
159.	Conflicts
160.	Other by-laws
161.	Regional Municipality of Waterloo
162.	Regional Municipality of York
163.	Restrictions re group homes
164.	Trailers
165.	Motor vehicle racing
PART V MUNICIPAL REORGANIZATION
Municipal Restructuring
171.	Purposes
172.	Definitions
173.	Proposal to restructure
174.	Commission
175.	Commission orders
176.	Regulations
177.	Procedures
178.	Debt
179.	Principles and standards to be considered
180.	Incorporation in unorganized territory
181.	Annexation
182.	Dissolution
183.	Public hearing
184.	Conflicts with official plan
185.	Transition
186.	Order prevails
186.1	Revocation of restructuring orders
Change of Name
187.	Change of name
Transfer of Powers between Tiers
188.	Interpretation
189.	Transfer of power to upper-tier
190.	Effect of by-law
191.	Transfer of power to lower-tier
192.	Effect of by-law
193.	Regulations
Municipal Service Boards
194.	Definitions
195.	Municipal service boards
196.	Power to establish municipal service boards
197.	Status of municipal service boards
198.	Functions of municipal service boards
202.	Joint municipal service boards
Powers to Establish Corporations
203.	Power to establish corporations
Business Improvement Areas
204.	Designation of improvement area
205.	Budget
206.	Notice
207.	Annual report
208.	Funds to be raised
209.	Changes to boundary
210.	Notice
211.	Repeal of by-law
212.	Effect of by-law
213.	Tenants
214.	Dissolution of board
215.	Regulations
Dissolution and Change of Local Boards
216.	Power to dissolve or change local boards
Changes to Council
217.	Composition of council of local municipality
218.	Composition of upper-tier council
219.	Notice
220.	Change of titles
221.	Conflicts
Wards
222.	Establishment of wards
223.	Petition re: wards
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.1	Definitions
223.2	Code of conduct
223.3	Integrity Commissioner
223.4	Inquiry by Commissioner
223.5	Duty of confidentiality
223.6	Report to council
223.7	Testimony
223.8	Reference to appropriate authorities
223.9	Registry
223.10	Prohibition on contingency fees
223.11	Registrar for lobbying matters
223.12	Inquiry by registrar
223.13	Ombudsman
223.14	Investigation
223.15	Duty of confidentiality
223.16	No review, etc.
223.17	Testimony
223.18	Effect on other rights, etc.
223.19	Auditor General
223.20	Duty to furnish information
223.21	Powers re examination
223.22	Duty of confidentiality
223.23	Testimony
223.24	Regulations
PART VI PRACTICES AND PROCEDURES
Municipal Organization and Administration
224.	Role of council
225.	Role of head of council
226.	Substitution
226.1	Head of council as chief executive officer
227.	Municipal administration
228.	Clerk
229.	Chief administrative officer
First Meeting
230.	First council meeting
231.	Deemed organization
232.	Declaration of office
233.	Appointment of head
234.	Timing of appointments
235.	Term, upper-tier members
Location of Meetings and Public Offices
236.	Location
Quorum
237.	Quorum
Procedure By-law
238.	Procedure by-law
Meetings
239.	Meetings open to public
239.1	Investigation
239.2	Investigator
240.	Calling of meetings
241.	Head of council
242.	Absence of head
243.	Voting
244.	Open voting
245.	Tie votes
246.	Recorded vote
By-laws
247.	Language of by-laws
248.	Municipal code
249.	Seal
250.	By-laws upon application
Records
253.	Inspection of records
254.	Retention of records
255.	Retention periods
Eligibility
256.	Eligibility, local municipality
257.	Eligibility, upper-tier municipality
258.	Ineligible
Vacancies
259.	Vacant seat
260.	Resignation as member
261.	Restriction
262.	Declaration
263.	Filling vacancies
264.	Term
265.	Application to court
266.	Minister’s order
267.	Temporary vacancy
Policies
269.	Interpretation
Policies
270.	Adoption of policies
Quashing By-laws
272.	Restriction on quashing by-law
273.	Application to quash by-law
Judicial Investigation
274.	Investigation by judge
Restricted Acts after Nomination Day
275.	Restricted acts
Insurance
278.	Definitions
279.	Insurance
280.	Powers re: local boards
Health Benefits
281.	Sick leave credit gratuities
282.	Insurance, health, etc.
Remuneration and Expenses
283.	Remuneration and expenses
284.	Statement
Review or Appeal re Delegated Authority
284.1	Power to authorize review or appeal
PART VII FINANCIAL ADMINISTRATION
285.	Fiscal year
286.	Treasurer
287.	Signatures of cheques
289.	Yearly budgets, upper-tier
290.	Yearly budget, local municipalities
291.	Multi-year budget
292.	Regulations, changes in financial reporting requirements
293.	Regulations, reserve fund
294.	Annual return
294.1	Annual financial statements
295.	Publication of financial statements, etc.
296.	Auditor
297.	Right of access
298.	Default in providing information
299.	Information re: municipal operations
301.	Financial information
302.	Financial assistance
304.	Use of collection agency
305.	Sale of debt
PART VIII MUNICIPAL TAXATION
306.	Definitions
307.	Taxes to be levied equally
308.	Establishment of tax ratios
308.1	Restrictions, tax ratios for certain property classes
309.	Separated municipalities
310.	Delegation to lower-tiers
311.	Upper-tier levies
312.	Local municipality levies
313.	Prescribed subclass tax reductions
314.	Graduated tax rates
315.	Taxation of certain railway, power utility lands
316.	Interim financing, upper-tier
317.	Interim levy, local municipality
318.	Phase-in of tax changes resulting from reassessments
319.	Tax deferrals, relief of financial hardship
320.	Taxes on international bridges and tunnels
322.	Payments in lieu of taxes, distribution
323.	Universities, etc., liable to tax
324.	Non-profit hospital service corporation
326.	By-laws re special services
PART IX LIMITATION ON TAXES FOR CERTAIN PROPERTY CLASSES
327.	Interpretation
328.	Determination of taxes
329.	Determination of maximum taxes
329.1	Municipal option: application of certain provisions of the Act
330.	By-law to provide for recoveries
331.	Taxes on eligible properties
332.	Tenants of leased premises
333.	Recouping of landlord’s shortfall
334.	Application for cancellation, etc.
335.	Part prevails
336.	Conflicts
337.	Where person undercharged
337.1	Adjustments
338.	Regulations
PART X TAX COLLECTION
339.	Definitions
340.	Tax roll
341.	Adjustments to roll
342.	By-laws re: instalments
343.	Tax bill
344.	Form of tax bills
345.	Late payment charges
346.	Payment
347.	Allocation of payment
348.	Determination of tax status
349.	Recovery of taxes
350.	Obligations of tenant
351.	Seizure
352.	Statement
353.	Taxes collected on behalf of other bodies
354.	Write-off of taxes
354.1	Refund on cancelled assessment
355.	Taxes less than minimum tax amount
356.	Division into parcels
357.	Cancellation, reduction, refund of taxes
357.1	Tax relief re: cemeteries
358.	Overcharges
359.	Increase of taxes
359.1	Error in calculating taxes
360.	Regulation
361.	Rebates for charities
362.	Tax reductions
364.	Vacant unit rebate
365.	Cancellation, reduction or refund of taxes
365.1	Cancellation of taxes, rehabilitation and development period
365.2	Tax reduction for heritage property
365.3	Change of assessment
366.	Federal Crown land
367.	Gross leases (property taxes)
368.	Gross leases (business improvement area charges)
369.	Offence
370.	Holidays
370.1	Urban service areas
PART XI SALE OF LAND FOR TAX ARREARS
371.	Interpretation
372.	Interpretation
373.	Registration of tax arrears certificate
374.	Notice of registration
375.	Cancellation of tax arrears certificate
376.	Accounting for cancellation price
378.	Extension agreements
379.	Public sale
380.	Application of proceeds
380.0.1	Automatic forfeiture
380.1	No successful purchaser
381.	Methods of giving notice
382.	Voidable proceedings
383.	Effect of registration
384.	Mining rights
385.	Scale of costs
385.1	Collection of tax arrears by upper-tier municipality
386.	Immunity from civil actions
386.1	Power of entry
386.2	Inspection without warrant
386.3	Inspection warrant
386.4	Inspection with warrant
386.5	Obstruction
387.	Regulations
388.	Transition, prior registrations
389.	Restriction
PART XII FEES AND CHARGES
390.	Definitions
391.	By-laws re: fees and charges
393.	Restriction, poll tax
394.	Restriction, fees and charges
395.	Restriction, charges for gas
397.	Approval of local board by-law
398.	Debt
399.	No application to O.M.B.
400.	Regulations
PART XIII DEBT AND INVESTMENT
401.	Debt
402.	Notice
403.	Payments by lower-tier municipalities not located in counties
404.	Borrowing for school boards, other municipalities
405.	Temporary borrowing for works
406.	Temporary borrowing, other entity
407.	Borrowing for expenses
408.	By-laws re: debentures
409.	Sinking and retirement fund debentures
410.	Sinking fund committee
411.	Debentures in foreign currency
412.	Fixed rate of interest
413.	Use of money received
414.	Restrictions
415.	Registration of debenture by-law
416.	Interest paid for over a year
417.	Reserve funds
418.	Investment
420.	Agreements
421.	Loan of securities
422.	Offence
423.	Prohibition
424.	Liability of members for diversion of funds
PART XIV ENFORCEMENT
Offences and Penalties
425.	Authority to create offences
426.	Offence re obstruction, etc.
427.	Offence re accessible parking
428.	Offence re illegally parked vehicle
429.	Authority to establish fines
430.	Additional penalty re adult entertainment establishments
431.	Additional order to discontinue or remedy
432.	Payments out of court
433.	Municipality entitled to fines
434.	Fines, special cases
Powers of Entry
435.	Conditions governing powers of entry
436.	Power of entry re inspection
437.	Restriction re dwellings
438.	Inspection pursuant to order
439.	Search warrant
General Enforcement Powers
440.	Power to restrain
441.	Collection of unpaid licensing fines
441.1	Unpaid fines
442.	Enforcement of agreements, etc.
443.	Enforcement of loans by a municipality
Orders and Remedial Actions
444.	Order to discontinue activity
445.	Work order
446.	Remedial action
Court Order to Close Premises
447.	Closing premises, lack of licence
447.1	Closing premises, public nuisance
447.2	Inspection of buildings containing marijuana grow operations
447.3	Where marijuana grow operation is in a lower-tier municipality
447.4	Co-ordination of enforcement
447.5	Proof of by-laws
447.6	Matters of evidence re other documents
447.7	Costs in legal proceedings
447.8	Power to adopt other codes, etc.
447.9	Application of Part to other Acts
PART XV MUNICIPAL LIABILITY
448.	Immunity
449.	Liability in nuisance re: water and sewage
450.	Policy decisions
PART XVI REGULATIONS AND FORMS
451.	Scope
451.1	Regulations re the provincial interest
452.	Regulations respecting powers
453.	Regulations, transitional matters
454.	Forms
PART XVII TRANSITION
455.	Transition
456.	Police villages
457.	Continuation of by-laws, resolutions
457.1	Continuation of by-laws, resolutions
457.2	Deemed by-law re powers and duties
458.	Composition of councils continued
459.	Wards continue
460.	Continuation of services
461.	Conflict re: tree by-laws
462.	Agreement re: flood control
463.	Canals
464.	Pensions
466.	Past tax deferrals
467.	Liability re: fire service
468.	Board of control, City of London
469.	Waste
470.	Boundary orders
471.	Telephone system
472.	Dissolution of Oxford County Board of Health
473.	Terms in other Acts
474.	Taxes imposed under certain Parts of old Act
474.1	Transitional rules, municipal restructuring
474.2	Continuation of provisions re: restructuring
474.3	Certain tax credit by-laws
474.4	Pipe line
474.5	Trust fund
474.8	Financial matters, London-Middlesex
474.9	County of Simcoe
474.10	Local improvement matters
474.10.1	Continued application
PART XVII.1 MISCELLANEOUS MATTERS
474.12	County of Brant
474.13	City of Cornwall
474.14	St. George
474.15	County of Oxford
474.16	Waterloo
474.17	Muskoka
474.18	County of Middlesex
474.19	County of Simcoe
474.20	Simcoe, consents
474.21	Regional municipalities

PART I
GENERAL

Interpretation

1. (1) In this Act,

“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;

(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

7. (1) In this section,

“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, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act. 2006, c. 32, Sched. A, s. 6.

Same

(4) Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999. 2006, c. 32, Sched. A, s. 6.

Exclusion

(5) Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4). 2001, c. 25, s. 7 (5).

Application re City of Toronto

7.1 (1) This Act does not apply to any of the following, except as otherwise provided by another provision of this Act or of the City of Toronto Act, 2006:

1. The City of Toronto, a local board of the City (including a joint local board of the City) or a city corporation.

2. Members of the council of the City, members of a local board of the City (including a joint local board of the City) or directors or members of a city corporation.

3. Officers, employees or agents of the City, of a local board of the City (including a joint local board of the City) or of a city corporation. 2006, c. 11, Sched. B, s. 9 (2).

Same

(2) Subsection (1) does not affect the power of another municipality to enter into an agreement or undertake an activity jointly with the City of Toronto. 2006, c. 11, Sched. B, s. 9 (2).

Same

(3) Unless the context requires otherwise, the terms “municipality”, “local municipality” or “single-tier municipality”, when used in any other Act or regulation, include the City of Toronto and, when defined in any other Act or regulation as having the same meaning as in the Municipal Act, 2001, include the City of Toronto. 2006, c. 11, Sched. B, s. 9 (2); 2006, c. 32, Sched. A, s. 7.

Definition

(4) In this section,

“city corporation” means a corporation established by the City of Toronto in accordance with section 148 of the City of Toronto Act, 2006. 2006, c. 11, Sched. B, s. 9 (2).

PART II
GENERAL MUNICIPAL POWERS

Scope of powers

8. (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues. 2006, c. 32, Sched. A, s. 8.

Ambiguity

(2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force. 2006, c. 32, Sched. A, s. 8.

Scope of by-law making power

(3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;

(b) require persons to do things respecting the matter;

Scope of by-laws generally

(4) Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate. 2006, c. 32, Sched. A, s. 8.

Exception

(5) Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII. 2006, c. 32, Sched. A, s. 8.

Powers of a natural person

9. A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 2006, c 32, Sched. A, s. 8.

Broad authority, single-tier municipalities

10. (1) A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public. 2006, c. 32, Sched. A, s. 8.

By-laws

(2) A single-tier municipality may pass by-laws respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

9. Animals.

10. Structures, including fences and signs.

11. Business licensing. 2006, c. 32, Sched. A, s. 8.

One power not affecting another

(3) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2). 2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(4) The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality. 2006, c. 32, Sched. A, s. 8.

Exception

(5) Nothing in subsection (4) prevents a municipality from passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them. 2006, c. 32, Sched. A, s. 8.

Definition

(6) In this section,

“local board” means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act, or

(f) a corporation established in accordance with section 203. 2006, c. 32, Sched. A, s. 8; 2007, c. 8, s. 218 (1).

Spheres of Jurisdiction

Broad authority, lower-tier and upper-tier municipalities

11. (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). 2006, c. 32, Sched. A, s. 8.

By-laws

(2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection. 2006, c. 32, Sched. A, s. 8.

By-laws re: matters within spheres of jurisdiction

(3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic development services.

11. Business licensing. 2006, c. 32, Sched. A, s. 8.

Rules

(4) The following are the rules referred to in subsections (1), (2) and (3):

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table to this section, the upper-tier municipality does not have the power to pass by-laws under that sphere or part and does not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table to this section, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part and do not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table to this section, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. If a lower-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, its upper-tier municipality does not have the power to pass the by-law under this section.

5. If an upper-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, a lower-tier municipality of the upper-tier municipality does not have the power to pass the by-law under this section.

6. Paragraphs 4 and 5 apply to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision.

7. The power of a municipality with respect to the following matters is not affected by paragraph 4 or 5, as the case may be:

i. prohibiting or regulating the placement or erection of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway,

ii. any other matter prescribed by the Minister. 2006, c. 32, Sched. A, s. 8.

One power not affecting another

(5) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) or (3) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2) or (3). 2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(6) The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality. 2006, c. 32, Sched. A, s. 8.

Services or things provided by other tier

(7) The power of a municipality to pass a by-law under subsection (3) under each sphere of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere. 2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(8) The power of a municipality to pass a by-law under subsection (3) under the following spheres of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by any person, other than the municipality or a municipal service board of the municipality, of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways. 2006, c. 32, Sched. A, s. 8.

Exception

(9) Nothing in subsection (6), (7) or (8) prevents a municipality passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

Definition

(10) In this section,

“local board” means a local board as defined in section 10. 2006, c. 32, Sched. A, s. 8.

Regulations

(11) The Minister may make regulations prescribing matters for the purpose of subparagraph 7 ii of subsection (4). 2006, c. 32, Sched. A, s. 8.

TABLE

Sphere of Jurisdiction	Part of Sphere Assigned	Upper-tier Municipality (ies) to which Part of Sphere assigned	Exclusive or Non-Exclusive Assignment
1. Highways, including parking and traffic on highways	Whole sphere	All upper-tier municipalities	Non-exclusive
2. Transportation systems, other than highways	Airports	All upper-tier municipalities	Non-exclusive
	Ferries	All upper-tier municipalities	Non-exclusive
	Disabled passenger transportation systems	Peel, Halton	Non-exclusive
	Whole sphere, except airports and ferries	Waterloo, York	Exclusive
3. Waste management	Whole sphere, except waste collection	Durham, Halton, Lambton, Oxford, Peel, Waterloo, York	Exclusive
4. Public utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
	Water distribution	Niagara, Waterloo, York	Non-exclusive
		Oxford, Durham, Halton, Muskoka, Peel	Exclusive
5. Culture, parks, recreation and heritage	Whole sphere	All upper-tier municipalities	Non-exclusive
6. Drainage and flood control, except storm sewers	Whole sphere	All upper-tier municipalities	Non-exclusive
7. Structures, including fences and signs	Whole sphere, except fences and signs	Oxford	Non-exclusive
8. Parking, except on highways	Municipal parking lots and structures	All upper-tier municipalities	Non-exclusive
9. Animals	None	None
10. Economic development services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham	Exclusive
10. Economic development services		All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York	Non-exclusive
	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham	Exclusive
		Halton, Lambton, Oxford	Non-exclusive
11. Business licensing	Owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire Taxicab brokers Salvage business Second-hand goods business	Niagara, Waterloo	Exclusive



	Drainage business, plumbing business	York	Exclusive
	Lodging houses, septic tank business	York	Non-exclusive

2006, c. 32, Sched. A, s. 8.

Definitions

11.1 In this Part,

“animal” means any member of the animal kingdom, other than a human; (“animal”)

“drainage business” means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; (“entreprise de drainage”)

“lodging house” means any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, long-term care home, home for the young or institution if it is licensed, approved or supervised under any other Act; (“pension”)

“plumbing business” means plumbing contractors and plumbers certified under the Trades Qualification and Apprenticeship Act to do plumbing work or a person with equivalent qualifications by training or experience; (“entreprise de plomberie”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “plumbing business” is repealed and the following substituted:

“plumbing business” means plumbing contractors and plumbers holding a certificate of qualification under the Ontario College of Trades and Apprenticeship Act, 2009 to do plumbing work or a person with equivalent qualifications by training or experience; (“entreprise de plomberie”)

See: 2009, c. 22, ss. 99, 104 (1).

“salvage business” means salvage shops and salvage yards, including an automobile wrecking yard or premises; (“entreprise de récupération”)

“second-hand goods” includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage; (“marchandises usagées”)

“second-hand goods business” means second-hand goods shops and dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods; (“entreprise de marchandises usagées”)

“septic tank business” means persons who carry on the business of providing septic tank cleaning and pumping services; (“entreprise de fosses septiques”)

“taxicab broker” means a person who accepts calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person’s employer. (“agent de taxi”) 2006, c. 32, Sched. A, s. 8; 2007, c. 8, s. 218 (2).

Previous transfer of powers

12. If, on December 31, 2002, an order under section 25.2 or 25.3 of the old Act, a by-law passed under section 209, 209.2 or 209.4 of the old Act or a by-law passed under section 41 of the Regional Municipality of Waterloo Act or under section 150 of the Regional Municipalities Act, as they read on that day, was in force, the order or by-law continues, and the power to pass by-laws conferred as a result of the order or by-law continues, despite section 11 and has the same effect as it had on December 31, 2002. 2001, c. 25, s. 12; 2002, c. 17, Sched. A, s. 5.

General Restrictions

Conflict between certain by-laws

13. (1) If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict. 2006, c. 32, Sched. A, s. 9.

Example

(2) Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality. 2006, c. 32, Sched. A, s. 9.

Overlapping powers

(3) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3). 2006, c. 32, Sched. A, s. 9.

Inoperative by-law

13.1 (1) A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2). 2006, c. 32, Sched. A, s. 9.

Overlapping powers

(2) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2). 2006, c. 32, Sched. A, s. 9.

Conflict between by-law and statutes, etc.

14. (1) A by-law is without effect to the extent of any conflict with,

(a) a provincial or federal Act or a regulation made under such an Act; or

(b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation. 2001, c. 25, s. 14.

Same

(2) Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument. 2006, c. 32, Sched. A, s. 10.

Restrictions Affecting Municipal Powers

Specific powers, by-laws under general powers

15. (1) If a municipality has power to pass a by-law under section 9, 10 or 11 and also under a specific provision of this or any other Act, the power conferred by section 9, 10 or 11 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision. 2001, c. 25, s. 15 (1); 2006, c. 32, Sched. A, s. 11 (1).

Interpretation

(1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision. 2006, c. 32, Sched. A, s. 11 (2).

Application to new and existing provisions

(2) Subsection (1) applies whether the specific provision was enacted before or after,

(a) the day this section comes into force; or

(b) the day a by-law passed under section 9, 10 or 11 comes into force. 2001, c. 25, s. 15 (2); 2006, c. 32, Sched. A, s. 11 (3).

No retroactive effect

(3) Nothing in this section invalidates a by-law which was passed in accordance with the procedural requirements in force at the time the by-law was passed. 2001, c. 25, s. 15 (3).

Interpretation

(4) Subsection (1) applies to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision. 2006, c. 32, Sched. A, s. 11 (4).

Fences, signs, etc.

(5) The power to pass a by-law under section 9, 10 or 11 with respect to fences and signs and such other matters as may be prescribed is not affected by this section. 2006, c. 32, Sched. A, s. 11 (4).

Regulations

(6) The Minister may make regulations prescribing matters for the purpose of subsection (5). 2006, c. 32, Sched. A, s. 11 (4).

16. Repealed: 2006, c. 32, Sched. A, s. 12.

Restrictions, financial matters

17. (1) Sections 9, 10 and 11 do not authorize a municipality to,

(a) impose taxes;

(b) borrow or invest money or sell debt;

(d) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(e) make a grant or a loan;

(f) take any other prescribed financial action;

(g) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(h) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act. 2006, c. 32, Sched. A, s. 13.

Regulations

(2) The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f). 2006, c. 32, Sched. A, s. 13.

Monopolies

18. A municipality shall not confer on any person the exclusive right of carrying on any business, trade or occupation unless specifically authorized to do so under any Act. 2001, c. 25, s. 18.

Geographic Application

Limited to municipal boundaries

19. (1) By-laws and resolutions of a municipality apply only within its boundaries, except as provided in subsection (2) or in any other provisions of this or any other Act. 2001, c. 25, s. 19 (1).

Exception, services

(2) A municipality may exercise its powers, other than its power to impose taxes, to provide a municipal system to provide a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies:

1. The service or thing is provided only to inhabitants of the municipality providing the service or thing.

2. The other municipality is a single-tier municipality and the service or thing is provided with its consent.

3. The other municipality is a lower-tier municipality and the service or thing is provided with the consent of,

i. the lower-tier municipality, if it has jurisdiction to provide the service or thing in the area,

ii. its upper-tier municipality, if it has that jurisdiction, or

iii. both the lower-tier municipality and its upper-tier municipality, if they both have that jurisdiction.

4. The service or thing is provided in unorganized territory,

i. with the consent of a local body that has jurisdiction to provide the service or thing in the area, or

ii. with the consent of the person who receives the service or thing, if no local body has jurisdiction. 2001, c. 25, s. 19 (2); 2002, c. 17, Sched. A, s. 7.

Terms

(3) A consent under subsection (2) may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon. 2001, c. 25, s. 19 (3).

Definition

(4) In subsection (2),

“local body” means an area services board, local services board, local roads board, statute labour board, school board, district social services administration board, board of health and any other board, commission, body or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory. 2001, c. 25, s. 19 (4).

Agreements

Joint undertakings

20. (1) A municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries. 2001, c. 25, s. 20 (1).

Outside boundaries

(2) The municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter. 2001, c. 25, s. 20 (2).

Agreements with First Nation

21. (1) A municipality may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether the reserve is within the municipality or not. 2001, c. 25, s. 21 (1).

Power

(2) The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 21 (2).

Agreements with province

22. (1) A municipality may provide a system that it would otherwise not have power to provide within the municipality, if it does so in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario. 2001, c. 25, s. 22 (1).

Power

(2) The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 22 (2).

Outside boundaries

(3) A municipality may provide a system that it has power to provide within the municipality outside its boundaries in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario. 2001, c. 25, s. 22 (3); 2006, c. 32, Sched. A, s. 14.

Agreements respecting private services

23. A municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants. 2001, c. 25, s. 23.

Delegation of Powers and Duties

General power to delegate

23.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. 2006, c. 32, Sched. A, s. 15.

Scope of power

(2) The following rules apply to a by-law delegating any of the municipality’s powers or duties:

1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality’s power to revoke the delegation.

2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation.

3. A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power.

4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the municipality and the delegate.

5. A delegation may be made subject to such conditions and limits as the council of a municipality considers appropriate.

6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power. 2006, c. 32, Sched. A, s. 15.

Same

(3) The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:

1. A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 5 (3).

2. Procedures that the delegate is required to follow.

3. The accountability of the delegate and the transparency of the delegate’s actions and decisions. 2006, c. 32, Sched. A, s. 15.

Restriction re delegation of legislative and quasi-judicial powers

23.2 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

(a) one or more members of its council or a council committee;

(b) a body having at least two members of whom at least 50 per cent are,

(i) members of its council,

(ii) individuals appointed by its council,

(iii) a combination of individuals described in subclauses (i) and (ii); or

Restriction re applicable Acts

(2) For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed. 2006, c. 32, Sched. A, s. 15.

Restriction re certain corporations

(3) Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 203. 2006, c. 32, Sched. A, s. 15.

Restriction re officers, employees, etc.

(4) No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of the council of the municipality, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, the council, in addition to any other factors it wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power. 2006, c. 32, Sched. A, s. 15.

Same

(5) Without limiting subsection (4), the following are examples of powers considered to be of a minor nature:

1. The power to close a highway temporarily.

2. The power to issue and impose conditions on a licence.

3. The powers of the council of a municipality that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002:

i. Paragraphs 107, 108, 109 and 110 of section 210.

ii. Paragraph 3 of section 308.

iii. Subsection 312 (2) and clauses 312 (4) (a) and (b). 2006, c. 32, Sched. A, s. 15.

Regulations

(6) The Minister may make regulations prescribing Acts for the purpose of subsection (2). 2006, c. 32, Sched. A, s. 15.

Powers that cannot be delegated

23.3 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties:

1. The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.

2. The power to pass a by-law under Parts VIII, IX and X.

3. The power to incorporate corporations in accordance with section 203.

4. The power to adopt an official plan or an amendment to an official plan under the Planning Act.

5. The power to pass a zoning by-law under the Planning Act.

6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and (7).

7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.

8. The power to adopt or amend the budget of the municipality.

9. Any other power or duty that may be prescribed. 2006, c. 32, Sched. A, s. 15.

Delegation of administrative powers

(2) Nothing in subsection (1) prevents a municipality from delegating its administrative powers. 2006, c. 32, Sched. A, s. 15.

Regulations

(3) The Minister may make regulations,

(a) restricting or imposing conditions on the power of a municipality to delegate its power and duties;

(b) prescribing powers and duties for the purpose of paragraph 9 of subsection (1). 2006, c. 32, Sched. A, s. 15.

Effect of delegation to municipal service boards

23.4 (1) When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board. 2006, c. 32, Sched. A, s. 15.

Limitation

(2) If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act,

(a) authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so;

(b) removes from the municipality its power to finance the capital and operating costs of providing the service or activity as if the municipality had control and management of the service or activity; or

(c) removes from the municipality its power to deal with real and personal property in connection with the service or activity as if the municipality had control and management of the service or activity. 2006, c. 32, Sched. A, s. 15.

Delegation re hearings

Application

23.5 (1) This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law. 2006, c. 32, Sched. A, s. 15.

Delegation authorized

(2) Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken. 2006, c. 32, Sched. A, s. 15.

Rules re effect of delegation

(3) If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the municipality is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body. 2006, c. 32, Sched. A, s. 15.

PART III
SPECIFIC MUNICIPAL POWERS

Highways

Definitions

24. In sections 25 to 68,

“bridge” means a public bridge forming part of a highway or on, over or across which a highway passes; (“pont”)

“provincial highway” means a highway under the jurisdiction of the Province of Ontario. (“voie publique provinciale”) 2001, c. 25, s. 24.

Provincial highways

25. Except as otherwise provided in this Act, sections 26 to 68 do not apply to a provincial highway. 2001, c. 25, s. 25.

What constitutes highway

26. The following are highways unless they have been closed:

1. All highways that existed on December 31, 2002.

2. All highways established by by-law of a municipality on or after January 1, 2003.

3. All highways transferred to a municipality under the Public Transportation and Highway Improvement Act.

4. All road allowances made by the Crown surveyors that are located in municipalities.

5. All road allowances, highways, streets and lanes shown on a registered plan of subdivision. 2001, c. 25, s. 26.

By-laws

27. (1) Except as otherwise provided in this Act, a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway. 2001, c. 25, s. 27 (1).

Joint jurisdiction

(2) If a highway is under the joint jurisdiction of two or more municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway. 2001, c. 25, s. 27 (2).

Jurisdiction

28. (1) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, a municipality has jurisdiction or joint jurisdiction, as the case may be, over the following highways:

1. All highways over which it had jurisdiction or joint jurisdiction on December 31, 2002.

2. All highways established by by-law of the municipality on or after January 1, 2003.

3. All highways transferred to the municipality under this Act, the Public Transportation and Highway Improvement Act or any other Act. 2001, c. 25, s. 28 (1).

Local municipalities

(2) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act, a local municipality has jurisdiction over,

(a) all road allowances located in the municipality that were made by the Crown surveyors; and

(b) all road allowances, highways, streets and lanes shown on a registered plan of subdivision. 2001, c. 25, s. 28 (2).

Boundary lines

29. (1) Subject to section 28 and to a by-law passed under section 52, the local municipalities on either side of a boundary line between municipalities have joint jurisdiction over any highways forming the boundary line. 2001, c. 25, s. 29 (1).

Joint jurisdiction, bridges

(2) Subject to section 28 and to a by-law passed under section 52, if a bridge joins a highway under the jurisdiction of any municipality to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities. 2001, c. 25, s. 29 (2).

Deviation of boundary lines

(3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within one of the boundary municipalities, the highway shall be deemed to be the boundary line between the two municipalities for the purposes of determining jurisdiction over the highway. 2001, c. 25, s. 29 (3).

(4), (5) Repealed: 2002, c. 17, Sched. A, s. 8.

Agreement

29.1 (1) If municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located. 2002, c. 17, Sched. A, s. 9.

Effect

(2) If municipalities enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part. 2002, c. 17, Sched. A, s. 9.

Ownership

30. A highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person. 2001, c. 25, s. 30.

Establishing highways

31. (1) Repealed: 2006, c. 32, Sched. A, s. 16 (1).

By-law necessary

(2) After January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money. 2001, c. 25, s. 31 (2); 2006, c. 32, Sched. A, s. 16 (2).

Certain highways not affected

(3) Subsection (2) does not apply to highways described in paragraphs 3, 4 and 5 of section 26. 2001, c. 25, s. 31 (3).

Exclusion

(4) A municipality may by by-law assume the following highways for public use and section 44 does not apply to the highways until the municipality has passed the by-law:

1. An unopened road allowance made by the Crown surveyors.

2. A road allowance, highway, street or lane shown on a registered plan of subdivision. 2001, c. 25, s. 31 (4).

Other exclusions

(5) Section 44 does not apply to a highway laid out or built by any person before January 1, 2003 unless it was assumed for public use by the municipality or it has been established by by-law. 2001, c. 25, s. 31 (5).

Widening highways

(6) If a municipality acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening. 2001, c. 25, s. 31 (6).

Unorganized territory

32. Despite section 19, a municipality may by by-law establish a highway in adjoining unorganized territory. 2001, c. 25, s. 32.

33. Repealed: 2006, c. 32, Sched. A, s. 17.

Highway closing procedures

34. (1) A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office. 2006, c. 32, Sched. A, s. 18.

Consent

(2) A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway,

(a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or

(b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada. 2006, c. 32, Sched. A, s. 18.

Restricting common law right of passage

35. Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway. 2006, c. 32, Sched. A, s. 18.

36.-39. Repealed: 2006, c. 32, Sched. A, s. 18.

Toll highways

40. (1) A municipality may,

(a) designate a highway as a toll highway; and

(b) operate and maintain the designated highway as a toll highway. 2001, c. 25, s. 40 (1); 2006, c. 32, Sched. A, s. 19.

Restriction

(2) Despite subsection (1) and section 35, a municipality does not have the power to designate, operate and maintain a highway as a toll highway until a regulation is made under this section that applies to the proposed toll highway. 2001, c. 25, s. 40 (2).

Regulations

(3) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) requiring a municipality to obtain the approval of any person or body before designating, operating or maintaining a highway as a toll highway;

(b) providing for criteria which must be met before a municipality can designate, operate or maintain a highway as a toll highway;

(c) imposing conditions and limitations on the powers of the municipality to designate, operate or maintain a highway as a toll highway;

(d) granting municipalities powers with respect to the operation and maintenance of a toll highway, including powers with respect to the collection and enforcement of tolls imposed for the use of a toll highway;

(e) without limiting clause (d), providing that the provisions of the Capital Investment Plan Act, 1993 and the regulations under that Act which relate to toll highways apply to municipalities with such changes as are prescribed;

(f) establishing process requirements with respect to the designation, operation and maintenance of a highway as a toll highway, including requiring a municipality to provide notice to the Minister or any other person or body of its intention to designate a highway as a toll highway;

(g) providing that the Minister or any other person or body who receives notice under clause (f) may prohibit the municipality from making the designation even though the designation is otherwise authorized under the regulation. 2001, c. 25, s. 40 (3).

Conflicts

(4) In the event of a conflict between a regulation under this section and a provision of any Act or regulation, the regulation under this section prevails. 2001, c. 25, s. 40 (4).

41., 42. Repealed: 2006, c. 32, Sched. A, s. 20.

Conveyance of closed highway

43. A municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources. 2001, c. 25, s. 43.

Maintenance

44. (1) The municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge. 2001, c. 25, s. 44 (1).

Liability

(2) A municipality that defaults in complying with subsection (1) is, subject to the Negligence Act, liable for all damages any person sustains because of the default. 2001, c. 25, s. 44 (2).

Defence

(3) Despite subsection (2), a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if,

(a) it did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge;

(b) it took reasonable steps to prevent the default from arising; or

(c) at the time the cause of action arose, minimum standards established under subsection (4) applied to the highway or bridge and to the alleged default and those standards have been met. 2001, c. 25, s. 44 (3).

Regulations

(4) The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them. 2001, c. 25, s. 44 (4).

General or specific

(5) The minimum standards may be general or specific in their application. 2001, c. 25, s. 44 (5).

Adoption by reference

(6) A regulation made under subsection (4) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers desirable, any code, standard or guideline, as it reads at the time the regulation is made or as it is amended from time to time, whether before or after the regulation is made. 2001, c. 25, s. 44 (6).

(7) Repealed: 2002, c. 24, Sched. B, s. 25.

Untravelled portions of highway

(8) No action shall be brought against a municipality for damages caused by,

(a) the presence, absence or insufficiency of any wall, fence, rail or barrier along or on any highway; or

(b) any construction, obstruction or erection, or any siting or arrangement of any earth, rock, tree or other material or object adjacent to or on any untravelled portion of a highway, whether or not an obstruction is created due to the construction, siting or arrangement. 2001, c. 25, s. 44 (8).

Sidewalks

(9) Except in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk. 2001, c. 25, s. 44 (9).

Notice

(10) No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon or sent by registered mail to,

(a) the clerk of the municipality; or

(b) if the claim is against two or more municipalities jointly responsible for the repair of the highway or bridge, the clerk of each of the municipalities. 2001, c. 25, s. 44 (10).

Exception

(11) Failure to give notice is not a bar to the action in the case of the death of the injured person as a result of the injury. 2001, c. 25, s. 44 (11).

Same

(12) Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the municipality is not prejudiced in its defence. 2002, c. 24, Sched. B, s. 42.

(13) Repealed: 2002, c. 24, Sched. B, s. 42.

No responsibility for acts of others

(14) Nothing in this section imposes any obligation or liability on a municipality for an act or omission of a person acting under a power conferred by law over which the municipality had no control unless,

(a) the municipality participated in the act or omission; or

(b) the power under which the person acted was a by-law, resolution or licence of the municipality. 2001, c. 25, s. 44 (14).

No liability

(15) A municipality is not liable for damages under this section unless the person claiming the damages has suffered a particular loss or damage beyond what is suffered by that person in common with all other persons affected by the lack of repair. 2001, c. 25, s. 44 (15).

No personal liability

45. (1) No proceeding shall be commenced against a member of council or an officer or employee of the municipality for damages based on the default of the municipality in keeping a highway or bridge in a state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge. 2001, c. 25, s. 45 (1).

Exception, contractors

(2) Subsection (1) does not apply to a contractor with the municipality, including any officer or employee who is acting as a contractor, whose act or omission caused the damages. 2001, c. 25, s. 45 (2).

Nuisance

46. Subsections 44 (8) to (15) apply to an action brought against a municipality for damages that result from the presence of any nuisance on a highway. 2001, c. 25, s. 46; 2006, c. 32, Sched. A, s. 21.

47. Repealed: 2006, c. 32, Sched. A, s. 22.

Naming private roads

48. A local municipality may name or change the name of a private road after giving public notice of its intention to pass the by-law. 2001, c. 25, s. 48.

49. Repealed: 2006, c. 32, Sched. A, s. 22.

Restriction, motor vehicles

50. A municipality does not have power to pass a by-law establishing a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act. 2001, c. 25, s. 50.

Restriction, farming vehicles

51. (1) Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality. 2006, c. 32, Sched. A, s. 23.

Limitation

(2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle. 2001, c. 25, s. 51 (2).

Jurisdiction, upper-tier municipality

52. (1) An upper-tier municipality may add a lower-tier highway, including a boundary line highway, to its highway system from any of its lower-tier municipalities. 2001, c. 25, s. 52 (1).

Boundary line

(2) An upper-tier municipality may add to its highway system such highways forming the boundary line between the upper-tier municipality and an adjoining municipality as are agreed upon between them, in which case the upper-tier municipality and the adjoining municipality have joint jurisdiction over the highways. 2001, c. 25, s. 52 (2).

Jurisdiction

(3) If a highway forms part of the upper-tier highway system, the upper-tier municipality has jurisdiction over the highway. 2001, c. 25, s. 52 (3).

Removal

(4) An upper-tier municipality may remove a highway, including a boundary line highway, from its system. 2001, c. 25, s. 52 (4).

Effect of removal

(5) If a highway is removed from an upper-tier highway system, it is under the jurisdiction of the lower-tier municipality in which the highway is located. 2001, c. 25, s. 52 (5).

Joint jurisdiction

(6) If a highway that forms the boundary line between two lower-tier municipalities forming part of the same upper-tier municipality is removed from an upper-tier highway system, section 29 applies in respect of that highway. 2001, c. 25, s. 52 (6).

Same

(7) If a highway that forms the boundary line between an upper-tier municipality and an adjoining municipality is removed from the upper-tier highway system, the lower-tier municipality in which the highway is located and the adjoining municipality have joint jurisdiction over the highway. 2001, c. 25, s. 52 (7).

Transfer of jurisdiction

53. If jurisdiction over a highway is transferred from one municipality to another municipality under section 52,

(a) the municipality to which jurisdiction over the highway has been transferred stands in the place of the transferor under any agreement in respect of the highway; and

(b) if jurisdiction over the highway has been transferred from a lower-tier municipality to its upper-tier municipality, the upper-tier municipality shall pay to the lower-tier municipality, before the due date, all amounts becoming due upon any debt of the lower-tier municipality in respect of the highway. 2001, c. 25, s. 53.

Jurisdiction re: bridges

54. An upper-tier municipality that had jurisdiction over a bridge on a lower-tier highway on the day this section came into force continues to have jurisdiction over the approaches to it for 30 metres at each end of the bridge or any other distance agreed upon by the upper-tier municipality and the lower-tier municipality. 2001, c. 25, s. 54.

Upper-tier sidewalks

55. (1) An upper-tier municipality is not responsible for the construction and maintenance of sidewalks on its highways and the lower-tier municipality in which the highways are located is responsible for the construction and maintenance of the sidewalks and has jurisdiction over that part of the highway, unless the municipalities agree otherwise. 2001, c. 25, s. 55 (1).

Injury, damages

(2) A lower-tier municipality that is responsible for the construction and maintenance of the sidewalks on upper-tier highways is liable for any injury or damage arising from the construction or presence of the sidewalk to the same extent and subject to the same limitations to which a municipality is liable under section 44 in respect of a sidewalk on its own highway. 2001, c. 25, s. 55 (2).

Improvements on upper-tier highways

(3) A lower-tier municipality may, with the agreement of the upper-tier municipality, construct a sidewalk or other improvement or service on an upper-tier highway and the lower-tier municipality is liable for any injury or damage arising from the construction or presence of the sidewalk, improvement or service. 2001, c. 25, s. 55 (3).

Intersections

56. Where an upper-tier highway intersects a lower-tier highway, the continuation of the upper-tier highway to its full width across the lower-tier highway intersected is an upper-tier highway. 2001, c. 25, s. 56.

57. Repealed: 2006, c. 32, Sched. A, s. 24.

Zoning restrictions

58. (1) An upper-tier municipality has, in respect of land lying within 45 metres from any limit of an upper-tier highway, all the powers conferred on a local municipality under section 34 of the Planning Act for prohibiting the erecting or locating of buildings and other structures within that area. 2001, c. 25, s. 58 (1).

Conflicts

(2) If there is a conflict between a by-law passed by an upper-tier municipality under subsection (1) and a by-law passed by a lower-tier municipality under section 34 of the Planning Act, the by-law of the upper-tier municipality prevails to the extent of the conflict, but in all other respects the by-law passed by the lower-tier municipality remains in effect. 2001, c. 25, s. 58 (2).

Sign restrictions

59. Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the placing or erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway. 2001, c. 25, s. 59; 2006, c. 32, Sched. A, s. 25.

Entry on land, snow fences

60. Despite section 19, a municipality may, at any reasonable time, enter upon any land within the municipality or within an adjoining municipality and lying along any highway under its jurisdiction, including land owned by Her Majesty in right of Ontario, for the purpose of erecting and maintaining a snow fence. 2001, c. 25, s. 60.

Entry on land, naming highways

61. (1) A municipality may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. 2001, c. 25, s. 61 (1).

Private roads

(2) If a local municipality has passed a by-law under section 48 to name or change the name of a private road, the municipality may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road. 2001, c. 25, s. 61 (2).

Entry on land, tree trimming

62. (1) A municipality may, at any reasonable time, enter upon land lying along any of its highways,

(a) to inspect trees and conduct tests on trees; and

(b) to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway. 2001, c. 25, s. 62 (1).

Immediate danger

(2) An employee or agent of the municipality may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway. 2001, c. 25, s. 62 (2); 2006, c. 32, Sched. A, s. 26.

Application to court

62.1 (1) A municipality may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the municipality is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land. 2002, c. 17, Sched. A, s. 10.

Order

(2) Upon application by the municipality under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix,

(a) requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or

(b) authorizing the municipality to enter upon the land, upon such notice to the owner as the judge may fix, to remove or alter the vegetation, building or object. 2002, c. 17, Sched. A, s. 10.

Impounding of objects, vehicles on highway

63. (1) If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law. 2006, c. 32, Sched. A, s. 27.

Exception

(2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality. 2006, c. 32, Sched. A, s. 27.

Entry on land

(3) The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1). 2006, c. 32, Sched. A, s. 27.

Sale of impounded object, etc.

(4) Despite subsection (1), if the removed object or vehicle, other than a motor vehicle, is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality. 2006, c. 32, Sched. A, s. 27.

Perishable objects

(5) Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the municipality upon removal and may be destroyed or given to a charitable institution. 2006, c. 32, Sched. A, s. 27.

Exception

(6) Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act. 2006, c. 32, Sched. A, s. 27.

Territorial district

64. (1) A township in a territorial district, other than a township in The District Municipality of Muskoka, surveyed without road allowances may establish highways, where necessary, on land in which 5 per cent of the land is reserved for highways and the provisions of this Act as to compensation for land taken or injuriously affected by the exercise of the powers conferred by this section do not apply to the establishing of the highways. 2001, c. 25, s. 64 (1).

Definition

(2) In this section,

“township” means a local municipality which had the status of a township on December 31, 2002. 2001, c. 25, s. 64 (2).

Mistakes

65. (1) If, before January 1, 2003, a municipality by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway shall be deemed to have been expropriated by the municipality and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land. 2001, c. 25, s. 65 (1).

Compensation

(2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated. 2001, c. 25, s. 65 (2).

Highways not opened on original road allowance

66. (1) If, before January 1, 2003, a highway was opened on land in the place of all or part of an original road allowance and compensation was not paid for the land, the owner of the land appropriated for the highway or the successor in title to the owner is entitled to the following:

1. If that person owns the land abutting on the allowance, the owner is entitled to the soil and freehold of the original road allowance and to a conveyance of the original road allowance.

2. If that person does not own the land abutting on the allowance and if the allowance is sold by the municipality, the owner is entitled to the part of the purchase price that bears the same proportion to the whole purchase price as the value of the part of the land occupied by the highway that belonged to the owner bears to the value of the land occupied by the highway. 2001, c. 25, s. 66 (1).

Multiple owners

(2) If the land abutting on the original road allowance or part of the original road allowance is owned by more than one person, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance. 2001, c. 25, s. 66 (2).

Person in possession

67. (1) If, before January 1, 2003, a person in possession of an original road allowance or a predecessor in title of that person opened a highway in the place of the original road allowance on that person’s land without receiving compensation for the land and the person is in possession of all or part of the original road allowance, that person is entitled to the soil and freehold of the allowance or part of it and to a conveyance of the original road allowance or part of it. 2001, c. 25, s. 67 (1).

Multiple persons in possession

(2) If more than one person is in possession of the road allowance, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance. 2001, c. 25, s. 67 (2).

Condition

(3) This section only applies if the highway has been established by by-law of the municipality or otherwise assumed for public use by the municipality and if, in the opinion of the council of the municipality, the original road allowance is not needed by the municipality. 2001, c. 25, s. 67 (3).

Enclosed road allowance

68. (1) If, on the day this Act receives Royal Assent, a person was in possession of part of an original road allowance abutting the person’s land and that part was enclosed with a lawful fence, that person shall, as against every person except the municipality, be deemed to have legal possession of that part of the road allowance until a by-law is passed assuming the road allowance for public use or requiring the person to remove the fence. 2001, c. 25, s. 68 (1).

Limitation

(2) Subsection (1) only applies if the part of the original road allowance has not been assumed for public use because another road is being used in its place or if another road parallel or near to it was established in its place. 2001, c. 25, s. 68 (2).

Transportation

Passenger transportation systems

69. (1) This section applies to passenger transportation systems other than the following:

1. Vehicles and marine vessels used for sightseeing tours.

2. Vehicles exclusively chartered to transport a group of persons for a specific trip within the municipality for compensation.

3. Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, private school or charitable organization.

4. Buses owned and operated by a corporation or organization solely for its own purposes without compensation for transportation.

5. Taxicabs.

6. Railway systems of railway companies incorporated under federal or provincial statutes.

7. Ferries.

8. Aviation systems. 2001, c. 25, s. 69 (1).

By-laws

(2) A municipality that has the authority to establish, operate and maintain a type of passenger transportation system may,

(a) by by-law provide that no person except the municipality shall establish, operate and maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the by-law; and

(b) despite section 106 and any by-law under clause (a), enter into an agreement granting a person the exclusive or non-exclusive right to establish, operate or maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the agreement under such conditions as the municipality provides, including a condition that the municipality pay any deficit incurred by the person in establishing, operating or maintaining the system. 2001, c. 25, s. 69 (2).

More than one authority

(3) If both an upper-tier municipality and one of its lower-tier municipalities have the authority to establish, operate and maintain the same type of passenger transportation system, a by-law under clause (2) (a) with respect to that type of passenger transportation system must be passed by both municipalities. 2001, c. 25, s. 69 (3).

Deficit

(4) A municipality that incurs a deficit in establishing, operating or maintaining its own passenger transportation system, or that enters into an agreement under clause (2) (b) to pay a deficit incurred by another person in establishing, operating or maintaining such a system, may levy a special rate on all the rateable property in the area served by its own system or in the area designated in the agreement to recover the deficit. 2001, c. 25, s. 69 (4).

Rights unaffected

(5) Nothing in this section prevents a person from establishing, operating or maintaining a passenger transportation system that is used to convey passengers or passengers and property through an area designated under subsection (2) from a point within the designated area to a point outside the designated area or from a point outside the designated area to a point inside the designated area. 2001, c. 25, s. 69 (5).

Existing rights

(6) Nothing in this section affects any rights existing on the day before the area is designated under subsection (2) of a person with a valid operating licence under the Public Vehicles Act. 2001, c. 25, s. 69 (6).

Power exercised outside municipality re buses, ferries

(7) Despite subsection (1) and section 19 and subject to the Public Vehicles Act, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario. 2006, c. 32, Sched. A, s. 28.

Airports

70. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to airports in the municipality, in another municipality or in unorganized territory. 2006, c. 32, Sched. A, s, 29.

London

71. Nothing in subsection 3 (1) of The City of London Act, 1960-61 or in section 69 affects the right of any person to establish, operate and maintain a bus transportation system within the City of London in accordance with a valid operating licence issued to that person under the Public Vehicles Act on or before December 31, 1992. 2001, c. 25, s. 71.

Waterloo

72. Nothing in section 35 of the Regional Municipality of Waterloo Act, as it read immediately before its repeal or in section 69 affects the right of any person to establish, operate and maintain a bus transportation system within The Regional Municipality of Waterloo in accordance with a valid operating licence issued to that person under the Public Vehicles Act on or before the day the regional municipality established a transportation system under section 35 of the Regional Municipality of Waterloo Act. 2001, c. 25, s. 72.

Deeming provision, Waterloo

73. For the purposes of the Public Vehicles Act, a bus transportation system provided by The Regional Municipality of Waterloo within its boundaries shall be deemed to be provided within the corporate limits of one urban municipality. 2001, c. 25, s. 73.

Waste Management

Power exercised outside municipality re waste management

74. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 3 of subsection 11 (3) in relation to waste management in the municipality, in another municipality or in unorganized territory. 2006, c. 32, Sched. A, s. 30.

Designation of services, facilities

75. (1) Without limiting sections 9, 10 and 11, an upper-tier municipality may designate any of its waste management services or facilities for the management of waste or any class of waste of any of its lower-tier municipalities for which it has the power to provide the service or facility. 2001, c. 25, s. 75 (1); 2006, c. 32, Sched. A, s. 31.

Effect of designation

(2) If a designation has been made, the lower-tier municipality shall not utilize any services or facilities of the upper-tier municipality or any other person for the management of the designated waste other than the services or facilities that have been designated for that lower-tier municipality. 2001, c. 25, s. 75 (2).

Entry and inspection

76. (1) For the purpose of obtaining information that a municipality considers necessary for the municipality to meet the requirements of or to obtain an approval under any Act relating to the planning, establishment, operation, management, alteration or improvement of a waste disposal site or any other waste management facility, the municipality may, at reasonable times, enter on and inspect any land, including conducting tests of the land and removing samples or extracts. 2001, c. 25, s. 76 (1).

Restriction

(2) Subsection (1) does not allow a municipality to enter any building. 2001, c. 25, s. 76 (2).

77. Repealed: 2006, c. 32, Sched. A, s. 32.

Public Utilities

Entry on land

78. (1) For the purposes of providing a water public utility, a municipality may, at any reasonable time, subject to section 19 and despite section 27, enter on highways in or outside of the municipality to install, construct and maintain pipes and other works for the distribution of water without the consent of the body which owns the highway. 2001, c. 25, s. 78 (1); 2002, c. 17, Sched. A, s. 15 (1).

Entry on highways

(2) For the purposes of providing a public utility, other than a water public utility, a municipality may, at any reasonable time, despite section 27, enter on highways in the municipality to install, construct and maintain pipes, wires, poles, equipment, machinery and other works without the consent of the body which owns the highway. 2001, c. 25, s. 78 (2); 2002, c. 17, Sched. A, s. 15 (2).

Powers not restricted

(3) Nothing in this section prevents a body that owns a highway from regulating the activities described in subsections (1) and (2) on its highway in a reasonable manner, including regulating with respect to notice, timing and co-ordination of the activities and the requirement to obtain a permit before engaging in the activities. 2001, c. 25, s. 78 (3); 2002, c. 17, Sched. A, s. 15 (3).

Entry into buildings, etc.

79. (1) If a municipality has the consent of an owner or occupant to connect a public utility to a part of a building and other parts of the building belong to different owners or are in the possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection. 2001, c. 25, s. 79 (1).

Entry on common passages

(2) If a municipality has the consent of an owner or occupant to connect a public utility to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the municipality may, at reasonable times, without consent, enter the common passage and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection. 2001, c. 25, s. 79 (2).

Entry on land served by public utility

80. (1) A municipality may, at reasonable times, enter on land to which it supplies a public utility,

(a) to inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; or

(b) to inspect, install, repair, replace or alter a public utility meter. 2001, c. 25, s. 80 (1).

Reduced supply

(2) For the purposes of subsection (1), a municipality may shut off or reduce the supply of the public utility to the land. 2001, c. 25, s. 80 (2).

Entry on land, discontinuance of utility

(3) If a customer discontinues the use of a public utility on land or a municipality lawfully decides to cease supplying the public utility to land, the municipality may enter on the land,

(a) to shut off the supply of the public utility;

(b) to remove any property of the municipality; or

Shut off of public utility

81. (1) Without limiting sections 9, 10 and 11, a municipality may shut off the supply of a public utility by the municipality to land if fees or charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue. 2001, c. 25, s. 81 (1); 2006, c. 32, Sched. A, s. 33 (1).

Additional power

(2) In addition to the power under subsection (1), and without limiting sections 9, 10 and 11, a municipality may shut off the supply of water to land if fees or charges payable by the owners or occupants of the land in respect of a sewage system are overdue and the fees or charges are based on the fees payable for the supply of water to the land. 2001, c. 25, s. 81 (2); 2006, c. 32, Sched. A, s. 33 (2).

Notice

(3) Despite subsections (1) and (2), a municipality shall provide reasonable notice of the proposed shut-off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place. 2001, c. 25, s. 81 (3).

Recovery of fees

(4) A municipality may recover all fees and charges payable despite shutting off the supply of the public utility. 2001, c. 25, s. 81 (4).

No liability for damages

82. (1) A municipality is not liable for damages caused by the interruption or reduction of the amount of a public utility supplied to a municipality or to the land of any person as a result of an emergency or a breakdown, repair or extension of its public utility if, in the circumstances, reasonable notice of its intention to interrupt or reduce the supply is given. 2001, c. 25, s. 82 (1).

Allocation

(2) If the supply of a public utility to a municipality is interrupted or reduced, the municipality may allocate the available public utility among its customers. 2001, c. 25, s. 82 (2).

Effect

(3) Nothing done under subsection (2) shall be deemed to be a breach of contract, to entitle any person to rescind a contract or to release a guarantor from the performance of the guarantor’s obligation. 2001, c. 25, s. 82 (3).

Security

83. Without limiting sections 9, 10 and 11, a municipality may, as a condition of supplying or continuing to supply a public utility, require reasonable security be given for the payment of fees and charges for the supply of the public utility or for extending the public utility to land. 2001, c. 25, s. 83; 2006, c. 32, Sched. A, s. 34.

84. Repealed: 2002, c. 24, Sched. B, s. 25.

Exemption from seizure

85. Personal property of a municipality which is used for or in connection with the supply of a public utility to land is exempt from seizure,

(a) against the owner or occupant of the land under the Execution Act; and

(b) against a person with a leasehold interest in the land for overdue rent. 2001, c. 25, s. 85.

Mandatory supply

86. (1) Despite section 19, a municipality shall supply a building with a water or sewage public utility if,

(a) the building lies along a supply line of the municipality for the public utility;

(b) in the case of a water public utility, there is a sufficient supply of water for the building;

(d) the owner, occupant or other person in charge of the building requests the supply in writing. 2001, c. 25, s. 86 (1).

Exception

(2) Subsection (1) does not apply if the supply of the public utility to a building or to the land on which the building is located would contravene an official plan under the Planning Act that applies to the building, land or public utility. 2001, c. 25, s. 86 (2).

Entry on land re: sewage systems

87. A municipality may enter on land, at reasonable times, to inspect the discharge of any matter into the sewage system of the municipality or into any other sewage system the contents of which ultimately empty into the municipal sewage system and may conduct tests and take samples for this purpose. 2001, c. 25, s. 87.

Upper-tier entry on land

88. (1) An upper-tier municipality has, during and after the construction of a work of one of its lower-tier municipalities that is or is intended to be connected to an upper-tier work, the power to enter upon land, at reasonable times, to inspect the lower-tier work and to inspect and copy plans, records, specifications and other information related to the construction, operation and maintenance of the lower-tier work. 2001, c. 25, s. 88 (1).

Definition

(2) In this section,

“work” means land, buildings, structures, plant, machinery, equipment, devices, conduits, intakes, outfalls or outlets and other works used or designed for the collection, treatment or disposition of sewage or the production, treatment, storage or distribution of water. 2001, c. 25, s. 88 (2).

Dual authority

89. If a lower-tier municipality and its upper-tier municipality both have the authority to distribute water in the lower-tier municipality,

(a) the upper-tier municipality shall not supply water to any person in the lower-tier municipality except the lower-tier municipality; and

(b) in the case of The Regional Municipality of York, the lower-tier municipality shall not, without the consent of the regional municipality, purchase water from any municipality except the regional municipality. 2001, c. 25, s. 89.

Exemption from levy

90. (1) Despite section 3 of the Assessment Act, land that is exempt from taxation under that Act is not exempt from a special upper-tier levy under section 311 or a special local municipality levy under section 312 for raising costs related to sewage works or water works. 2001, c. 25, s. 90 (1).

Exemption by municipality

(2) Despite subsection (1), the upper-tier municipality and the local municipality, as the case may be, may exempt any class of land from all or part of the levy described in that subsection. 2001, c. 25, s. 90 (2).

New parcels of land

(3) Despite any Act, if new parcels of land are created from existing parcels of land in respect of which a municipality has imposed a tax or fee to raise costs related to sewage works or water works, the municipality may impose the tax or fee on each new parcel. 2001, c. 25, s. 90 (3).

Easements, public utilities

Definition

91. (1) In this section,

“public utility” includes a street lighting system and a transportation system. 2001, c. 25, s. 91 (1).

Easement

(2) An easement of a public utility provided by a municipality does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid. 2001, c. 25, s. 91 (2).

Restriction

(3) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a municipal public utility constructed on land before June 21, 1990 with the consent or acquiescence of the owner of the land. 2001, c. 25, s. 91 (3).

Interference with utilities

(4) No person shall interfere with a part of a municipal public utility for which there is no municipal public utility easement unless,

(a) the municipality consents; or

(b) the interference is authorized by a court order under this section. 2001, c. 25, s. 91 (4).

Court orders with respect to utilities

(5) A person who has an interest in land where part of a municipal public utility is located may apply to the Superior Court of Justice for an order authorizing that person to interfere with that part of the municipal public utility if the use of the land by the person is substantially affected. 2001, c. 25, s. 91 (5).

Notice

(6) A person making an application for an order under subsection (5) shall give the municipality 90 days notice of the application or such other notice as the court may direct. 2001, c. 25, s. 91 (6).

Other orders

(7) In making an order under subsection (5), the court may make such other orders as it considers necessary including an order that the applicant provide an easement for an alternative location of the public utility with such compensation as the court may determine. 2001, c. 25, s. 91 (7).

Stay of orders

(8) The court shall stay an order under subsection (5) at the request of the municipality for such time as the court determines to allow the municipality to acquire an interest in land to accommodate the part of its public utility that is subject to the order. 2001, c. 25, s. 91 (8).

Right to repair utilities

(9) Subject to any court order under this section, a municipality may enter upon any land to repair and maintain its public utilities. 2001, c. 25, s. 91 (9).

Utilities located by mistake

(10) If, before June 21, 1990, a municipality located a part of a municipal public utility where it had no right to do so in the mistaken belief that the part was being located on a municipal road allowance, the municipality that owns and operates the utility shall be deemed to have an easement in respect of the utility and the owner of the land on which the part is located shall be entitled to compensation for the easement determined in accordance with the Expropriations Act. 2001, c. 25, s. 91 (10).

Offence

(11) Every person who knowingly contravenes subsection (4) is guilty of an offence. 2001, c. 25, s. 91 (11).

92. Repealed: 2006, c. 32, Sched. A, s. 35.

Non-municipal public utilities

93. (1) Except as otherwise provided, no person shall construct, maintain or operate a water or sewage public utility in any area of a municipality if the municipality has jurisdiction to provide the public utility in that area, without first obtaining the consent of the municipality. 2001, c. 25, s. 93 (1).

Terms

(2) A consent under this section may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon. 2001, c. 25, s. 93 (2).

Interpretation

(3) In this section, “person” does not include a municipality. 2002, c. 17, Sched. A, s. 16.

Culture, Parks, Recreation and Heritage

Power exercised outside municipality re culture, parks, etc.

94. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3) in relation to culture, parks, recreation and heritage in the municipality, in another municipality or in unorganized territory. 2006, c. 32, Sched. A, s. 36.

Agreement, conservation authority

95. (1) The upper-tier municipalities of Durham, Halton, Peel and York may enter into an agreement with a conservation authority to manage and control land vested in the conservation authority. 2001, c. 25, s. 95 (1).

Powers

(2) An upper-tier municipality that has entered into an agreement under subsection (1) may,

(a) exercise any of its powers in respect of culture, parks, recreation or heritage matters on the land;

(b) lay out, construct and maintain highways on the land;

(c) with the consent of the local municipality in which any part of the land is located, assume the maintenance of all or part of the existing highways;

(d) prescribe the rate of speed for motor vehicles driven on those highways in accordance with section 128 of the Highway Traffic Act. 2001, c. 25, s. 95 (2); 2006, c. 32, Sched. A, s. 37.

Drainage and Flood Control

Power exercised outside municipality, flood control

96. Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 6 of subsection 11 (3) in relation to flood control in the municipality, in another municipality or in unorganized territory. 2006, c. 32, Sched. A, s. 38.

Entry on land

97. A municipality may enter on land, at reasonable times, to inspect the discharge of any matter into a land drainage system of any person and may conduct tests and remove samples for this purpose. 2001, c. 25, s. 97.

Structures, Including Fences and Signs

Non-application of Act

98. (1) A local municipality may provide that the Line Fences Act does not apply to all or any part of the municipality. 2001, c. 25, s. 98 (1).

Exclusion

(2) Despite a by-law passed under subsection (1), section 20 of the Lines Fences Act continues to apply throughout the municipality. 2001, c. 25, s. 98 (2).

Advertising devices

99. (1) A by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39.

Lien for costs and charges

(2) All costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act. 2006, c. 32, Sched. A, s. 39.

Disposal costs

(3) All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the municipality as a debt owed by the owner of the device. 2006, c. 32, Sched. A, s. 39.

Demolition and conversion of residential rental properties

99.1 (1) A local municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property. 2006, c. 32, Sched. A, s. 40.

Same

(2) The power to pass a by-law respecting a matter described in subsection (1) includes the power,

(a) to prohibit the demolition of residential rental properties without a permit;

(b) to prohibit the conversion of residential rental properties to a purpose other than the purpose of a residential rental property without a permit; and

Restriction

(3) The municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units. 2006, c. 32, Sched. A, s. 40.

Effect of building code, etc.

(4) Despite section 35 of the Building Code Act, 1992, in the event that the Building Code Act, 1992 or a regulation made under that Act and a by-law prohibiting or regulating the demolition or conversion of a residential rental property treat the same subject-matter in different ways, that Act or the regulation under that Act prevails and the by-law is inoperative to the extent that the Act or regulation and the by-law treat the same subject-matter. 2006, c. 32, Sched. A, s. 40.

Same

(5) If a permit to demolish a residential rental property is issued under this section, no permit is required under section 8 of the Building Code Act, 1992 to demolish the property. 2006, c. 32, Sched. A, s. 40.

Report

(6) The municipality shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister and shall do so at the times and in the form and manner specified by the Minister. 2006, c. 32, Sched. A, s. 40.

Parking, Except on Highways

Parking lots

100. Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition. 2006, c. 32, Sched. A, s. 41.

Other land

100.1 (1) Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality, regulate or prohibit the parking or leaving of motor vehicles without the consent of the owner of the land. 2002, c. 17, Sched. A, s. 20; 2006, c. 32, Sched. A, s. 42.

Exclusion

(2) Subsection (1) does not apply to land used as a parking lot. 2002, c. 17, Sched. A, s. 20.

Impounding vehicles parked

101. (1) If a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law. 2006, c. 32, Sched. A, s. 43.

Entry on land

(2) A municipality may enter on land at reasonable times for the purposes described in subsection (1). 2006, c. 32, Sched. A, s. 43.

Signs

(3) If signs are erected on land specifying conditions on which a motor vehicle may be parked or left on the land or regulating or prohibiting the parking or leaving of a motor vehicle on the land, a motor vehicle parked or left on the land contrary to the conditions or prohibition shall be deemed to have been parked or left without consent. 2001, c. 25, s. 101 (3).

Enforcement

(4) If it is alleged in a proceeding that a by-law referred to in this section has been contravened, the oral or written evidence of a police officer, police cadet or municipal law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it in respect of,

(a) the ownership or occupancy of the land;

(b) the absence of the consent of the owner or occupant; and

No notice

(5) Written evidence under subsection (4) shall be admitted without notice under the Evidence Act. 2001, c. 25, s. 101 (5).

Accessible parking permits

102. (1) If a municipality passes a by-law for establishing a system of accessible parking, the sole manner of identifying vehicles shall be an accessible parking permit issued and displayed in accordance with the Highway Traffic Act and the regulations made under it. 2009, c. 33, Sched. 26, s. 5 (1).

Designated parking spaces

(2) Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying an accessible parking permit and if it does so, the local municipality shall prescribe the conditions of use of the accessible parking permit and shall prohibit the improper use of the permit. 2009, c. 33, Sched. 26, s. 5 (1).

Removal of vehicle

(3) A by-law passed in accordance with subsection (2) may provide for the removal and impounding of any vehicle, at its owner’s expense, parked or left contrary to the by-law. 2006, c. 32, Sched. A, s. 44.

Administrative penalties, parking by-laws

102.1 (1) Without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles. 2006, c. 32, Sched. A, s. 45.

Limitation

(2) Despite subsection (1), the municipality does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by-laws respecting the parking, standing or stopping of vehicles until a regulation is made under subsection (3). 2006, c. 32, Sched. A, s. 45.

Regulations

(3) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties;

(b) imposing conditions and limitations on a municipality’s powers with respect to administrative penalties;

(c) providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to a municipality. 2006, c. 32, Sched. A, s. 45.

Conflict

(4) In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails. 2006, c. 32, Sched. A, s. 45.

Animals

Impounding animals

103. (1) If a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, it may provide for,

(a) the seizure and impounding of animals being at large or trespassing contrary to the by-law; and

(b) the sale of impounded animals,

(i) if they are not claimed within a reasonable time,

(ii) if the expenses of the municipality respecting the impounding of the animals are not paid, or

(iii) at such time and in such manner as is provided in the by-law.

2001, c. 25, s. 103 (1); 2006, c. 32, Sched. A, s. 46 (1).

Definition

(2) In this section,

“animal” has the same meaning as in section 11.1. 2006, c. 32, Sched. A, s. 46 (2).

104. Repealed: 2006, c. 32, Sched. A, s. 47.

Muzzling of dogs

105. (1) If a municipality requires the muzzling of a dog under any circumstances, the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to determine whether or not to exempt the owner in whole or in part from the requirement. 2002, c. 17, Sched. A, s. 22 (1).

Conditions

(2) An exemption may be granted subject to such conditions as council considers appropriate. 2001, c. 25, s. 105 (2).

(3) Repealed: 2006, c. 32, Sched. A, s. 48.

Request does not stay requirement

(4) A request of the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirement. 2001, c. 25, s. 105 (4); 2002, c. 17, Sched. A, s. 22 (2).

Economic Development Services

Assistance prohibited

106. (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1).

Same

(2) Without limiting subsection (1), the municipality shall not grant assistance by,

(a) giving or lending any property of the municipality, including money;

(b) guaranteeing borrowing;

(d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2).

Exception

(3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. 2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34.

General power to make grants

107. (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality. 2001, c. 25, s. 107 (1).

Loans, guarantees, etc.

(2) The power to make a grant includes the power,

(a) to guarantee a loan and to make a grant by way of loan and to charge interest on the loan;

(b) to sell or lease land for nominal consideration or to make a grant of land;

(c) to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council;

(c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council;

(d) to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council; and

(e) to make donations of foodstuffs and merchandise purchased by the municipality for that purpose. 2001, c. 25, s. 107 (2); 2006, c. 32, Sched. A, s. 49.

Small business counselling

108. (1) Without limiting sections 9, 10 and 11 and despite section 106, a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality. 2006, c. 32, Sched. A, s. 50.

Small business programs

(2) Without limiting sections 9, 10 and 11, a municipality may do the following things in order to encourage the establishment and initial growth of small businesses or any class of them in the municipality:

1. With the approval of the Minister, establish and maintain programs for that purpose.

2. Participate in programs administered by the Crown in right of Ontario. 2006, c. 32, Sched. A, s. 50.

Permitted actions

(3) Without limiting sections 9, 10 and 11, a municipality may do the following for the purposes of a program referred to in subsection (2):

1. Acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses or for a corporation described in paragraph 4.

2. Despite section 106, to make grants to corporations described in paragraph 4.

3. Lease land to small businesses included in a program.

4. Enter into leases of land and other agreements related to the program with a corporation without share capital established by the municipality in accordance with section 203 for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the municipality.

5. Sell, lease or otherwise dispose of any personal property of the municipality to an eligible small business or to a corporation described in paragraph 4 or provide for the use of such property by the small business or corporation.

6. Provide for the use of the services of any municipal employee by an eligible small business or by a corporation described in paragraph 4.

7. Establish a municipal service board under this Act to administer a program or to administer the municipality’s participation in a program referred to in subsection (2).

8. Appoint one or more of the directors of a corporation described in paragraph 4. 2006, c. 32, Sched. A, s. 50.

Grant includes loans

(4) The power to make grants under paragraph 2 of subsection (3) includes the power to make loans, to charge interest on the loans and to guarantee loans. 2006, c. 32, Sched. A, s. 50.

Same

(5) A corporation described in paragraph 4 of subsection (3) that leases any building or structure from the municipality shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2). 2006, c. 32, Sched. A, s. 50.

Availability of assistance

(6) Despite section 106, a lease of land, the sale, lease or other disposition of personal property or the use of personal property or personal services under subsection (3) may be made or provided at less than fair market value. 2006, c. 32, Sched. A, s. 50.

Limitation

(7) Subsection (6) ceases to apply to an eligible small business on the third anniversary of the day it first occupied premises leased to it under this section. 2006, c. 32, Sched. A, s. 50.

Municipal service board

(8) The power of a municipality to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be delegated to the municipal service board described in paragraph 7 of subsection (3), despite section 23.1. 2006, c. 32, Sched. A, s. 50.

Interpretation

(9) A business is an eligible small business if it is included in a program referred to in subsection (2) and it is in occupation of premises leased to it under this section. 2006, c. 32, Sched. A, s. 50.

109. Repealed: 2006, c. 32, Sched. A, s. 50.

Agreements for municipal capital facilities

110. (1) This section applies to an agreement entered into by a municipality for the provision of municipal capital facilities by any person, including another municipality, if the agreement provides for one or more of the following:

1. Lease payments in foreign currencies as provided for in subsection (2).

2. Assistance as provided for in subsection (3).

3. Tax exemptions as provided for in subsection (6).

4. Development charges exemptions as provided for in subsection (7). 2006, c. 32, Sched. A, s. 51.

Contents of agreements

(2) An agreement may allow for the lease, operation or maintenance of the facilities and for the lease payments to be expressed and payable partly or wholly in one or more prescribed foreign currencies. 2001, c. 25, s. 110 (2).

Assistance by municipality

(3) Despite section 106, a municipality may provide financial or other assistance at less than fair market value or at no cost to any person who has entered into an agreement to provide facilities under this section and such assistance may include,

(a) giving or lending money and charging interest;

(b) giving, lending, leasing or selling property;

(d) providing the services of employees of the municipality. 2001, c. 25, s. 110 (3).

Restriction

(4) The assistance shall only be in respect of the provision, lease, operation or maintenance of the facilities that are the subject of the agreement. 2001, c. 25, s. 110 (4).

Notice of agreement by-law

(5) Upon the passing of a by-law permitting a municipality to enter into an agreement under this section, the clerk of the municipality shall give written notice of the by-law to the Minister of Education. 2001, c. 25, s. 110 (5).

Tax exemption

(6) Despite any Act, the council of a municipality may exempt from all or part of the taxes levied for municipal and school purposes land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality. 2001, c. 25, s. 110 (6); 2006, c. 19, Sched. O, s. 3 (1).

Development charges exemption

(7) Despite the Development Charges Act, 1997, the council of a municipality may exempt from the payment of all or part of the development charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality. 2006, c. 19, Sched. O, s. 3 (2).

Notice of tax exemption by-law

(8) Upon the passing of a by-law under subsection (6), the clerk of the municipality shall give written notice of the contents of the by-law to,

(a) the assessment corporation;

(b) the clerk of any other municipality that would, but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law; and

(c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law. 2001, c. 25, s. 110 (8).

When agreement entered into

(9) If a municipality designated as a service manager under the Housing Services Act, 2011 has entered into an agreement under this section with respect to housing capital facilities, any other municipality that has not entered into an agreement under this section with respect to the capital facilities and that contains all or part of the land on which the capital facilities are or will be located may exercise the power under subsections (3), (6) and (7) with respect to the land and the capital facilities but,

(a) a tax exemption under subsection (6) applies to taxation for its own purposes; and

(b) clauses (8) (b) and (c) do not apply. 2001, c. 25, s. 110 (9); 2011, c. 6, Sched. 1, s. 187 (1).

Reserve fund

(10) The council of a municipality may establish a reserve fund to be used for the exclusive purpose of renovating, repairing or maintaining facilities that are provided under an agreement under this section. 2001, c. 25, s. 110 (10).

Same

(11) An agreement under this section may provide for contributions to the reserve fund by any person. 2001, c. 25, s. 110 (11).

Tax exemption by school board

(12) Despite any Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may, by resolution, exempt from all or part of the taxes levied for municipal and school purposes land or a portion of it on which the school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board. 2001, c. 25, s. 110 (12); 2006, c. 19, Sched. O, s. 3 (3).

Education development charges exemption

(13) Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board. 2006, c. 19, Sched. O, s. 3 (4).

Notice of tax exemption by school board

(14) Upon the passing of a resolution under subsection (12), the secretary of the school board shall give written notice of the contents of the resolution to,

(a) the assessment corporation;

(b) the clerk and the treasurer of any municipality that would, but for the resolution, have had authority to levy rates on the assessment for the land exempted by the resolution; and

(c) the secretary of any other school board if the area of jurisdiction of the board includes the land exempted by the resolution. 2001, c. 25, s. 110 (14).

Restriction on tax exemption

(15) The tax exemption under subsection (6) or (12) shall not be in respect of a special levy under section 311 or 312 for sewer and water. 2001, c. 25, s. 110 (15).

Effective date

(16) A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date. 2006, c. 19, Sched. O, s. 3 (5).

Tax refund, etc.

(17) Section 357 applies with necessary modifications to allow for a cancellation, reduction or refund of taxes that are no longer payable as a result of a by-law or resolution passed under this section. 2001, c. 25, s. 110 (17).

Taxes struck from roll

(18) Until the assessment roll has been revised, the treasurer of the local municipality shall strike taxes from the tax roll that are exempted by reason of a by-law or resolution passed under this section. 2001, c. 25, s. 110 (18).

Deemed exemption

(19) Subject to subsection (15), the tax exemption under subsection (6) or (12) shall be deemed to be an exemption under section 3 of the Assessment Act, but shall not affect a payment required under section 27 of that Act. 2001, c. 25, s. 110 (19).

Regulations

(20) The Lieutenant Governor in Council may make regulations,

(a) defining municipal capital facilities for the purposes of this section;

(b) prescribing eligible municipal capital facilities that may and may not be the subject of agreements under subsection (1);

(c) prescribing eligible municipal capital facilities for which municipalities may and may not grant tax exemptions under subsection (6) or development charges exemptions under subsection (7);

(d) prescribing rules, procedures, conditions and prohibitions for municipalities entering agreements under subsection (1);

(e) defining and prescribing eligible school capital facilities for which school boards may and may not grant tax exemptions under subsection (12) or exemptions from education development charges under subsection (13);

(f) prescribing foreign currencies in which a municipality may make lease payments under such conditions as may be prescribed. 2001, c. 25, s. 110 (20); 2006, c. 19, Sched. O, s. 3 (6, 7).

Promotion by lower-tier municipality, special case

111. (1) Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may promote the lower-tier municipality for any purpose by the collection and dissemination of information in relation to land it acquired or had entered into a binding agreement to acquire on or before the upper-tier municipality came into existence. 2001, c. 25, s. 111 (1); 2002, c. 17, Sched. A, s. 24 (1); 2006, c. 32, Sched. A, s. 52 (1).

Upper-tier may authorize promotion by lower-tier

(2) Despite section 11, the upper-tier municipality of Durham may authorize one or more of its lower-tier municipalities to promote the lower-tier municipality for any purpose by the collection and dissemination of information. 2001, c. 25, s. 111 (2); 2002, c. 17, Sched. A, s. 24 (2); 2006, c. 32, Sched. A, s. 52 (2).

Conditions

(3) An authorization under this section may be given on such conditions as the upper-tier municipality considers appropriate. 2001, c. 25, s. 111 (3).

Industrial, commercial and institutional sites

112. Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence. 2006, c. 32, Sched. A, s. 53.

Markets

113. Without limiting sections 9, 10 and 11, a local municipality may,

(a) establish, maintain and operate a farmers market, a flea market and other similar types of markets; and

(b) regulate a farmers market, a flea market and other similar types of markets of any person including regulating the hours of operation of a market. 2001, c. 25, s. 113; 2006, c. 32, Sched. A, s. 54.

Exhibitions

114. Without limiting sections 9, 10 and 11, a municipality may establish, maintain and operate agricultural, horticultural, commercial or industrial exhibitions. 2001, c. 25, s. 114; 2006, c. 32, Sched. A, s. 55.

Health, Safety and Nuisance

Smoking in public places, etc.

115. (1) Without limiting sections 9, 10 and 11, a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces. 2001, c. 25, s. 115 (1); 2006, c. 32, Sched. A, s. 56 (1).

Crown bound

(2) A by-law under this section binds the Crown. 2001, c. 25, s. 115 (2).

Restriction

(3) A by-law under this section shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway. 2001, c. 25, s. 115 (3).

Scope of by-law

(4) Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may,

(a) define “public place” for the purpose of the by-law;

(b) require a person who owns, occupies or operates a place to which the by-law applies to post signs setting out such information relating to the smoking of tobacco as is required by the by-law;

(c) establish the form and content of signs referred to in clause (b) and the place and manner in which the signs shall be posted;

(d) permit persons who own, occupy or operate a place to which the by-law applies to set aside an area that meets criteria set out in the by-law for the smoking of tobacco within the place;

(e) establish criteria applicable to smoking areas in clause (d), including the standards for the ventilation of such areas;

(f) require areas set aside for the smoking of tobacco in places to which the by-law applies to be identified as an area where the smoking of tobacco is permitted; and

(g) require the owner or occupier of a public place, the employer of a workplace, other than a public transportation vehicle and a taxicab, or the owner or operator of a public transportation vehicle or a taxicab to ensure compliance with the by-law. 2001, c. 25, s. 115 (4); 2006, c. 32, Sched. A, s. 56 (2).

Upper-tier municipality

(5) A by-law passed by an upper-tier municipality under this section shall not come into force unless,

(a) a majority of all votes on the council of the upper-tier municipality are cast in its favour;

(b) after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and

(c) the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. 2001, c. 25, s. 115 (5).

Repeal

(6) A by-law passed by an upper-tier municipality under this section is repealed if,

(a) after the by-law comes into force, a majority of its lower-tier municipalities rescind their resolutions under clause (5) (b) giving their consent to the by-law; and

(b) the total number of electors in the lower-tier municipalities that have rescinded resolutions form a majority of all electors in the upper-tier municipality. 2001, c. 25, s. 115 (6).

(7), (8) Repealed: 2006, c. 32, Sched. A, s. 56 (3).

Conflicts

(9) If there is a conflict between a by-law passed by a lower-tier municipality under this section and a by-law passed by an upper-tier municipality under this section, the by-law that is the most restrictive of the smoking of tobacco prevails. 2001, c. 25, s. 115 (9).

Conflicts

(10) Despite section 14, if there is a conflict between a provision of any Act or regulation and a provision of a by-law passed by a municipality under this section, the provision that is the most restrictive of the smoking of tobacco prevails. 2001, c. 25, s. 115 (10).

Definitions

(11) In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under subsection (1) or the repeal of a by-law under subsection (6), as the case may be; (“électeur”)

“smoking of tobacco” includes the holding of lighted tobacco; (“usage du tabac”)

“workplace” includes a public transportation vehicle and a taxicab. (“lieu de travail”) 2001, c. 25, s. 115 (11).

Emergency communication system

116. (1) Without limiting sections 9, 10 and 11, a municipality may establish, maintain and operate a centralized communication system for emergency response purposes. 2001, c. 25, s. 116 (1); 2006, c. 32, Sched. A, s. 57.

Power of entry

(2) A municipality that has passed a by-law under subsection (1) may at any reasonable time enter upon land to affix numbers to buildings or erect signs setting out numbers on land. 2001, c. 25, s. 116 (2).

117. Repealed: 2006, c. 32, Sched. A, s. 58.

Scaffolding, trenches, safety devices

118. Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the construction and use of scaffolding and any other thing used in constructing, repairing or altering buildings or other structures;

(b) regulate the excavating, construction and use of trenches;

(c) require and regulate the installation, maintenance and use of safety devices on buildings for persons cleaning the outside of windows;

(d) prohibit the activities described in this section unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. 2006, c. 32, Sched. A, s. 59.

Discharge of weapons

119. Without limiting sections 9, 10 and 11, a local municipality may, for the purpose of public safety, prohibit or regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows or any other weapon. 2001, c. 25, s. 119; 2006, c. 32, Sched. A, s. 60.

Explosives

120. (1) Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the manufacture of explosives in the municipality;

(b) prohibit and regulate the storage of explosives and dangerous substances in the municipality;

(d) prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. 2006, c. 32, Sched. A, s. 61 (1).

Interpretation

(2) In this section, “explosive” has the same meaning as in section 2 of the Explosives Act (Canada) and “dangerous substance” means a substance that falls within a class of dangerous goods set out in the schedule to the Transportation of Dangerous Goods Act, 1992 (Canada). 2001, c. 25, s. 120 (2); 2010, c. 16, Sched. 12, s. 3.

(3) Repealed: 2006, c. 32, Sched. A, s. 61 (2).

Fireworks

121. Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the sale of fireworks and the setting off of fireworks;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. 2006, c. 32, Sched. A, s. 62.

Snow and ice

122. (1) Without limiting sections 9, 10 and 11, a local municipality may require the owners and occupants of buildings to remove snow and ice from the roofs of the buildings and may regulate when and how the removal shall be undertaken. 2001, c. 25, s. 122 (1); 2006, c. 32, Sched. A, s. 63.

Power of entry

(2) A local municipality may enter at any reasonable time upon land to remove snow and ice,

(a) from the roofs of unoccupied buildings; and

(b) from private sidewalks between a highway, including a highway of an upper-tier municipality and the Province of Ontario, and the main entrance of a building. 2001, c. 25, s. 122 (2); 2002, c. 17, Sched. A, s. 26.

Recovery of costs

(3) A municipality may recover the costs under clause (2) (a) incurred by the municipality from the owners of the buildings by action or by adding the costs to the tax roll and collecting them in the same manner as taxes. 2001, c. 25, s. 122 (3).

Dangerous places

123. Without limiting sections 9, 10 and 11, a local municipality may, for the purpose of public safety, regulate with respect to cliffs, pits, deep waters and other dangerous places. 2001, c. 25, s. 123; 2006, c. 32, Sched. A, s. 64.

Pits and quarries

124. (1) Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the operation of a pit or a quarry;

(b) require the owner of a pit or a quarry that has not been in operation for a period of 12 consecutive months to level and grade the floor and sides of it and the area beyond the edge or rim that is specified in the by-law. 2006, c. 32, Sched. A, s. 65.

(2) Repealed: 2006, c. 32, Sched. A, s. 65.

Non-application of by-law

(3) A by-law under this section does not apply to a pit or a quarry, as those terms are defined in the Aggregate Resources Act, located in a part of Ontario designated in a regulation under subsection 5 (2) of that Act. 2001, c. 25, s. 124 (3).

Heating and cooking appliances

125. Without limiting sections 9, 10 and 11, a local municipality may regulate,

(a) the use and installation of heating and cooking appliances;

(b) the storage of fuel for use in heating and cooking appliances. 2006, c. 32, Sched. A, s. 66.

Public fairs and events

126. Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate cultural, recreational and educational events including public fairs;

Refuse and debris

127. Without limiting sections 9, 10 and 11, a local municipality may,

(a) require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings;

(b) regulate when and how matters required under clause (a) shall be done;

(d) define “refuse” for the purpose of this section. 2001, c. 25, s. 127; 2006, c. 32, Sched. A, s. 67.

Public nuisances

128. (1) Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances. 2001, c. 25, s. 128 (1); 2006, c. 32, Sched. A, s. 68.

Not subject to review

(2) The opinion of council under this section, if arrived at in good faith, is not subject to review by any court. 2001, c. 25, s. 128 (2).

Noise, odour, dust, etc.

129. Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and

(b) prohibit the matters described in clause (a) unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. 2006, c. 32, Sched. A, s 69.

130. Repealed: 2006, c. 32, Sched. A, s. 69.

Wrecking, salvaging of motor vehicles

131. Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition. 2006, c. 32, Sched. A, s. 69.

Repairs or alterations

132. (1) A local municipality may authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations. 2001, c. 25, s. 132 (1).

Conditions

(2) The following apply to a power of entry under a by-law under this section:

1. The power of entry may be exercised by an employee or agent of the owner or occupant of land.

2. A person exercising the power of entry must display or, on request, produce proper identification.

3. Nothing in a by-law under this section authorizes entry into a building.

4. The owner or occupant shall provide reasonable notice of the proposed entry to the occupier of the adjoining land.

5. The owner or occupant of land shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land. 2001, c. 25, s. 132 (2).

Fortification of land

133. (1) Without limiting sections 9, 10 and 11, a municipality that is responsible for the enforcement of the Building Code Act, 1992 may,

(a) regulate in respect of the fortification of and protective elements applied to land in relation to the use of the land; and

(b) prohibit the excessive fortification of land or excessive protective elements being applied to land in relation to the use of the land. 2001, c. 25, s. 133 (1); 2006, c. 32, Sched. A, s. 70 (1).

Definitions

(2) In this section,

“land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land; (“bien-fonds”)

“protective elements” include surveillance equipment. (“éléments protecteurs”) 2001, c. 25, s. 133 (2).

(3) Repealed: 2006, c. 32, Sched. A, s. 70 (2).

By-law and building code

(4) A permit shall not be issued under the Building Code Act, 1992 if the proposed building or construction or use of the building will contravene a by-law to which this section applies. 2001, c. 25, s. 133 (4); 2009, c. 33, Sched. 21, s. 6 (1).

Conflict

(5) Despite section 35 of the Building Code Act, 1992, if there is a conflict between the building code under the Building Code Act, 1992 and a by-law to which this section applies, the building code prevails. 2001, c. 25, s. 133 (5); 2009, c. 33, Sched. 21, s. 6 (2).

Period for compliance for existing fortifications

(6) If a municipality makes an order to do work under subsection 445 (1) with respect to a contravention of the by-law, the order shall give not less than three months to complete the work if the fortifications or protective elements were present on the land on the day the by-law is passed. 2006, c. 32, Sched. A, s. 70 (3).

(7)-(9) Repealed: 2006, c. 32, Sched. A, s. 70 (3).

Conveyance of prisoners

134. If the attendance of a prisoner in a correctional institution is required at a hearing or proceeding, the municipality that was responsible for delivering the prisoner to the correctional institution is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner’s return. 2001, c. 25, s. 134.

Natural Environment

Tree by-laws

135. (1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees. 2006, c. 32, Sched. A, s. 71 (1).

Woodlands

(2) Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law. 2006, c. 32, Sched. A, s. 71 (1).

Definition

(3) In this section,

“woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area. 2001, c. 25, s. 135 (3).

Restriction

(4) If an upper-tier municipality by-law in respect of woodlands is in effect in a lower-tier municipality, the lower-tier municipality may not prohibit or regulate the destruction of trees in any woodlands designated in the upper-tier by-law and any lower-tier by-law, whether passed before or after the upper-tier by-law comes into force, is inoperative to the extent that it applies to trees in the designated woodlands. 2001, c. 25, s. 135 (4).

Factor to be considered

(5) In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act. 2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1).

Notice

(6) An upper-tier municipality shall immediately notify its lower-tier municipalities of the passing of a by-law under subsection (2). 2001, c. 25, s. 135 (6).

Conditions

(7) Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

(a) require that a permit be obtained to injure or destroy trees; and

(b) impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees. 2001, c. 25, s. 135 (7); 2006, c. 32, Sched. A, s. 71 (2).

Delegation to lower-tier municipality

(8) An upper-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees in woodlands to one or more of its lower-tier municipalities with the agreement of the lower-tier municipality or municipalities, as the case may be. 2001, c. 25, s. 135 (8).

Effect of delegation

(9) Subsection (4) does not apply to that part of a lower-tier by-law authorized by the delegation of power from the upper-tier municipality. 2001, c. 25, s. 135 (9).

Delegation to upper-tier municipality

(10) A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees to its upper-tier municipality with the agreement of the upper-tier municipality. 2001, c. 25, s. 135 (10).

(11) Repealed: 2006, c. 32, Sched. A, s. 71 (3).

Exemption from by-law

(12) A by-law passed under this section does not apply to,

(a) activities or matters undertaken by a municipality or a local board of a municipality;

(b) activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994;

(c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey;

(d) the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;

(e) the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation;

(f) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;

(g) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or

(h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

(i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

(ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act. 2001, c. 25, s. 135 (12); 2002, c. 17, Sched. A, s. 27 (3, 4).

136.-138. Repealed: 2006, c. 32, Sched. A, s. 72.

Agreement re: enforcement by upper-tier

139. An upper-tier municipality may enter into an agreement with any of its lower-tier municipalities for the upper-tier municipality to designate one or more of its officers to enforce by-laws passed by the lower-tier municipality under section 135. 2001, c. 25, s. 139; 2006, c. 32, Sched. A, s. 73.

Agreement re: enforcement by lower-tier

140. A lower-tier municipality may enter into an agreement with its upper-tier municipality for the lower-tier municipality to designate one or more of its officers to enforce by-laws passed by the upper-tier municipality under section 135. 2001, c. 25, s. 140; 2006, c. 32, Sched. A, s. 74.

Planting trees adjacent to highways

141. Without limiting sections 9, 10 and 11, a municipality may provide trees to the owners of land adjacent to any highway and may plant the trees on the owners’ land with their consent. 2001, c. 25, s. 141; 2006, c. 32, Sched. A, s. 75.

Site alteration

Definition

142. (1) In this section,

“topsoil” means those horizons in a soil profile, commonly known as the “O” and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat. 2001, c. 25, s. 142 (1).

Powers of local municipality

(2) Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; and

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site. 2006, c. 32, Sched. A, s. 76 (1).

Delegation to upper-tier

(3) A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the dumping or placing of fill, removal of topsoil or the alteration of the grade of land to its upper-tier municipality with the agreement of the upper-tier municipality. 2001, c. 25, s. 142 (3).

(4) Repealed: 2006, c. 32, Sched. A, s. 76 (2).

Exemptions

(5) A by-law passed under this section does not apply to,

(a) activities or matters undertaken by a municipality or a local board of a municipality;

(b) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;

(c) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under that regulation;

(d) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;

(e) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;

(f) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

(i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

(ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; or

(g) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act. 2001, c. 25, s. 142 (5); 2002, c. 17, Sched. A, s. 30 (2, 3).

Exception

(6) A by-law respecting the removal of topsoil does not apply to the removal of topsoil as an incidental part of a normal agricultural practice including such removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products. 2001, c. 25, s. 142 (6).

Exclusion

(7) The exception in subsection (6) respecting the removal of topsoil as an incidental part of a normal agricultural practice does not include the removal of topsoil for sale, exchange or other disposition. 2001, c. 25, s. 142 (7).

By-law ceases to have effect

(8) If a regulation is made under section 28 of the Conservation Authorities Act respecting the placing or dumping of fill, removal of topsoil or alteration of the grade of land in any area of the municipality, a by-law passed under this section is of no effect in respect of that area. 2001, c. 25, s. 142 (8).

143., 144. Repealed: 2006, c. 32, Sched. A, s. 77.

Agreement re: enforcement by upper-tier

145. An upper-tier municipality may enter into an agreement with any of its lower-tier municipalities for the upper-tier municipality to designate one or more of its officers to enforce by-laws passed by the lower-tier municipality under section 142. 2001, c. 25, s. 145; 2006, c. 32, Sched. A, s. 78.

Agreement re: enforcement by lower-tier

146. A lower-tier municipality may enter into an agreement with its upper-tier municipality for the lower-tier municipality to designate one or more of its officers to enforce by-laws passed by the upper-tier municipality under section 142. 2001, c. 25, s. 146; 2006, c. 32, Sched. A, s. 79.

Energy conservation programs

147. (1) Without limiting sections 9, 10 and 11, a municipality may provide, arrange for or participate in an energy conservation program in the municipality to encourage the safe and efficient use and conservation of all forms of energy including, but not limited to,

(a) the improvement of an energy system in a building;

(b) the substitution of one form of energy for another form of energy;

(d) the reduction of energy use through more efficient use of energy; and

(e) the shifting of electrical loads from times of high demand to times of low demand. 2001, c. 25, s. 147 (1); 2006, c. 32, Sched. A, s. 80 (1).

(2) Repealed: 2006, c. 32, Sched. A, s. 80 (2).

Closing of Retail Business Establishments

Hours of closing

148. (1) Without limiting sections 9, 10 and 11, a local municipality may require that retail business establishments be closed to the public at any time. 2006, c. 32, Sched. A, 81 (1).

Definitions

(2) In this section,

“holiday” has the same meaning as in subsection 1 (1) of the Retail Business Holidays Act; (“jour férié”)

“retail business establishment” means the premises where goods or services are sold or offered for sale by retail. 2001, c. 25, s. 148 (2); 2006, c. 32, Sched. A, s. 81 (2).

Regional municipalities

(3) Without limiting sections 9, 10 and 11, if a regional municipality has passed a by-law under subsection 1.2 (1) of the Retail Business Holidays Act providing that that Act does not apply to the regional municipality, the regional municipality may require that retail business establishments be closed to the public on a holiday. 2006, c. 32, Sched. A, s. 81 (3).

Effect on by-law of local municipality

(3.1) If a regional municipality passes a by-law under subsection (3), a by-law passed by a local municipality under subsection (1) respecting the closing of a retail business establishment on a holiday is of no effect. 2006, c. 32, Sched. A, s. 81 (3).

Exemptions

(4) A by-law passed under this section does not apply to the sale or offering for sale by retail of,

(a) goods or services in the form of or in connection with prepared meals or living accommodation;

(b) liquor under the authority of a licence or permit issued under the Liquor Licence Act; and

Regulations

(5) The Minister may make regulations prescribing goods and services for the purpose of clause (4) (c). 2006, c. 32, Sched. A, s. 81 (5).

Annual Farm Dues

Annual dues

149. (1) A local municipality may authorize the annual dues of members of any farm organization approved by the Minister of Agriculture, Food and Rural Affairs to be entered on the tax roll and collected in the same manner as taxes. 2001, c. 25, s. 149 (1).

Notice

(2) If, before the tax roll is certified, the treasurer of the local municipality receives written notice from a member of a farm organization directing the annual dues of that member be collected in the same manner as taxes, the dues of the member shall be entered on the tax roll. 2001, c. 25, s. 149 (2).

Discontinuation

(3) A member who has given a notice under subsection (2) may by similar notice require the treasurer to discontinue the collection of dues. 2001, c. 25, s. 149 (3).

Due not a charge

(4) The dues do not form a lien upon land and are not subject to late payment charges. 2001, c. 25, s. 149 (4).

Payment

(5) The treasurer shall, upon request, pay dues collected to the treasurer of the appropriate farm organization. 2001, c. 25, s. 149 (5).

By-law continued

(6) A by-law under this section remains in force until amended or repealed and it is not necessary to pass the by-law annually. 2001, c. 25, s. 149 (6).

PART IV
LICENCES

Definition

150. In this Part,

“business” means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes,

(a) trades and occupations,

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise,

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire. 2006, c. 32, Sched. A, s. 82.

Powers re licences

151. (1) Without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may,

(a) prohibit the carrying on or engaging in the business without a licence;

(b) refuse to grant a licence or to revoke or suspend a licence;

(d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;

(e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence;

(f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and

(g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality. 2006, c. 32, Sched. A, s. 82.

Power to suspend a licence

(2) Without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), if a municipality is satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the municipality may, for the time and on such conditions as it considers appropriate, without a hearing, suspend a licence subject to the following:

1. Before suspending the licence, the municipality shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them.

2. The suspension shall not exceed 14 days. 2006, c. 32, Sched. A, s. 82.

Same

(3) Despite subsection (2) and without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), the municipality may, on such conditions as it considers appropriate, without a hearing, suspend a licence authorizing a business to operate on a highway or other property of the municipality or its local boards for a period not exceeding 28 days for the following reasons:

1. The holding of a special event.

2. The construction, maintenance or repair of the property.

3. The installation, maintenance or repair of a public utility or service.

4. Pedestrian, vehicular or public safety or public health. 2006, c. 32, Sched. A, s. 82.

Exercise of power

(4) The exercise of a power under clause (1) (b), (d), (e) or (g) is in the discretion of the municipality, and the municipality shall exercise its discretion,

(a) upon such grounds as are set out by by-law; or

(b) in the case of a power under clause (1) (b), (d) or (e), upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity. 2006, c. 32, Sched. A, s. 82.

Application re system of licences

(5) Subsections (1) to (4) apply with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business. 2006, c. 32, Sched. A, s. 82.

Proviso

(6) Nothing in this section authorizes an upper-tier or a lower-tier municipality to pass a business licensing by-law with respect to a business if the other municipality has exclusive authority to pass a business licensing by-law with respect to the business under paragraph 11 of subsection 11 (3). 2006, c. 32, Sched. A, s. 82.

Same

(7) Subsection (6) does not prevent a municipality from providing for a system of licences for a business under any other by-law, other than a business licensing by-law. 2006, c. 32, Sched. A, s. 82.

Restriction re systems of licences

152. (1) A municipality shall not pass a business licensing by-law providing for a system of licences which makes it illegal for a business listed below to carry on or engage in the business without a licence:

1. A manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail.

2. The sale of goods by wholesale.

3. The generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources. 2006, c. 32, Sched. A, s. 82.

Same

(2) Nothing in subsection (1) prevents a municipality from providing for a system of licences for a business under any by-law, other than a business licensing by-law. 2006, c. 32, Sched. A, s. 82.

Limitation re location of business

153. (1) Despite sections 9, 10, 11 and 151, a municipality shall not, except as otherwise provided, refuse to grant a licence for a business under this Act by reason only of the location of the business. 2006, c. 32, Sched. A, s. 82.

Compliance with land use control by-law

(2) Despite subsection (1), a by-law providing for a system of licences for a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act or any other Act. 2006, c. 32, Sched. A, s. 82.

Continuation

(3) Despite subsection (2), a municipality shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location. 2006, c. 32, Sched. A, s. 82.

Restrictions re adult entertainment establishments

154. (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to adult entertainment establishments, may,

(a) despite section 153, define the area of the municipality in which adult entertainment establishments may or may not operate and limit the number of adult entertainment establishments in any defined area in which they are permitted; and

(b) prohibit any person carrying on or engaged in an adult entertainment establishment business from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it. 2006, c. 32, Sched. A, s. 82.

Premises

(2) Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business,

(a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or

(b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person’s body, are performed, offered or solicited in the premises or part of the premises, excluding premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario. 2006, c. 32, Sched. A, s. 82.

Power of entry

(3) Despite subsection 436 (1), a local municipality may exercise its administrative power of entry under section 436 at any time of the day or night to enter an adult entertainment establishment. 2006, c. 32, Sched. A, s. 82.

Evidence rule

(4) For the purpose of a prosecution or proceeding under a by-law with respect to adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment. 2006, c. 32, Sched. A, s. 82.

Licensing tow trucks, etc.

155. Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and

(b) provide for the collection of the rates or fares charged for the conveyance. 2006, c. 32, Sched. A, s. 82.

Licensing taxicabs

156. (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to the owners and drivers of taxicabs, may,

(b) provide for the collection of the rates or fares charged for the conveyance; and

Restriction

(2) A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet both of the following criteria:

1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality.

2. The conveyance is made pursuant to a written contract for the use of a taxicab which can legally operate in the municipality in which the conveyance begins or ends. 2006, c. 32, Sched. A, s. 82.

Airports

(3) A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if,

(a) the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or

(b) the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority. 2006, c. 32, Sched. A, s. 82.

Mississauga

(4) No business licensing by-law passed by the City of Mississauga with respect to the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport. 2006, c. 32, Sched. A, s. 82.

Reciprocal licensing arrangement

157. (1) If a municipality and the police services board of the municipality agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police services board or another body performing a public function prescribed by the Minister, the municipality or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws. 2006, c. 32, Sched. A, s. 82.

Delegation

(2) A municipality may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality. 2006, c. 32, Sched. A, s. 82.

Regulations

(3) For the purpose of this section, the Minister may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the municipality to enter into agreements with those bodies. 2006, c. 32, Sched. A, s. 82.

Regulations

158. (1) The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses;

(b) imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business;

(c) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification. 2006, c. 32, Sched. A, s. 82.

Scope

(2) A regulation under this section may,

(a) be retroactive for a period not exceeding one year;

(b) require a municipality to return licence fees collected during that period; and

Conflicts

159. If there is a conflict between a provision in this Act and a provision of any other Act authorizing a municipality to license a business, the provision that is less restrictive of a municipality’s power prevails. 2006, c. 32, Sched. A, s. 82.

Other by-laws

160. Sections 9, 10, 11 and 150 to 159 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82.

Regional Municipality of Waterloo

161. A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality. 2006, c. 32, Sched. A, s. 82.

Regional Municipality of York

162. (1) A business licensing by-law of The Regional Municipality of York with respect to a lodging house, as defined in section 11.1, has no force in a lower-tier municipality in which a business licensing by-law passed by the lower-tier municipality is in force in respect of the same lodging house. 2006, c. 32, Sched. A, s. 82.

Same

(2) A lower-tier municipality in The Regional Municipality of York may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality. 2006, c. 32, Sched. A, s. 82.

Restrictions re group homes

163. (1) A municipality shall not pass a business licensing by-law for group homes unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality. 2006, c. 32, Sched. A, s. 82.

Same

(2) A business licensing by-law for group homes may prohibit a person from carrying on the business of a group home without a licence and may provide for the following conditions, but shall not provide for any additional conditions concerning the operation of the group home:

1. The by-law may require the payment of licence fees.

2. The by-law may require a licensee or an applicant for a licence to give the municipality such information as the municipality considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant. 2006, c. 32, Sched. A, s. 82.

Definition

(3) In this section,

“group home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being. 2006, c. 32, Sched. A, s. 82.

Trailers

164. (1) Without limiting sections 9, 10 and 11, a local municipality may prohibit or licence trailers located in the municipality. 2006, c. 32, Sched. A, s. 82.

Restriction

(2) If a municipality licenses trailers in the municipality, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act. 2006, c. 32, Sched. A, s. 82.

Restriction, trailer camps

(3) If a municipality licenses trailer camps under a business licensing by-law and imposes a licence fee for each lot in the trailer camp to be occupied by one trailer, no licence fee shall be charged in respect of a lot that is to be made available only for a trailer that is assessed under the Assessment Act. 2006, c. 32, Sched. A, s. 82.

Definitions

(4) In this section,

“trailer” means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed; (“roulotte”)

“trailer camp” means any land on which a trailer is kept. (“parc à roulottes”) 2006, c. 32, Sched. A, s. 82.

Motor vehicle racing

165. Without limiting sections 9, 10 and 11, a local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races. 2006, c. 32, Sched. A, s. 82.

166.-170. Repealed: 2006, c. 32, Sched. A, s. 82.

PART V
MUNICIPAL REORGANIZATION

Municipal Restructuring

Purposes

171. (1) The purposes of sections 172 to 179 are,

(a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner;

(b) to facilitate municipal restructuring over large geographic areas; and

(c) to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems. 2001, c. 25, s. 171 (1).

Interpretation

(2) In sections 172 to 179, a reference to a municipality does not include the cities of Toronto, Hamilton, Ottawa and Greater Sudbury, Haldimand County or Norfolk County or a regional municipality or its lower-tier municipalities except with respect to minor restructuring proposals described in subsection 173 (16). 2001, c. 25, s. 171 (2).

Definitions

172. In sections 171 to 186,

“local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”)

“resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a geographic area and who is a Canadian citizen and is at least 18 years of age; (“résident”)

“restructuring” means,

(a) annexing part of a municipality to another municipality,

(b) annexing a geographic area that does not form part of a municipality to a municipality,

(d) separating a local municipality from an upper-tier municipality for municipal purposes,

(e) joining a local municipality to an upper-tier municipality for municipal purposes,

(f) dissolving all or part of a municipality, and

(g) incorporating the inhabitants of a geographic area as a municipality. (“restructuration”) 2001, c. 25, s. 172.

Proposal to restructure

173. (1) A municipality or local body in a geographic area may, subject to subsection (2), make a restructuring proposal to restructure municipalities and unorganized territory in the geographic area by submitting to the Minister a restructuring report containing,

(a) a description of the restructuring proposal in a form and in such detail as the Minister may require; and

(b) proof in a form satisfactory to the Minister that,

(i) the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area,

(ii) the support was determined in the prescribed manner,

(iii) the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and

(iv) the municipality or local body consulted the public in the required manner. 2001, c. 25, s. 173 (1).

Limitation

(2) A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 173 (2).

Consultation

(3) Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:

1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting.

2. Council shall consult with such persons or bodies as the Minister may prescribe.

3. Council may consult with such other persons and bodies as the municipality considers appropriate. 2001, c. 25, s. 173 (3).

Implementation

(4) The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if,

(a) the restructuring proposal and report under subsection (1) meet the requirements of this section; and

(b) in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under section 179. 2001, c. 25, s. 173 (4).

Amendment of restructuring proposal

(5) After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force. 2006, c. 32, Sched. A, s 83 (1).

Same

(6) An amended restructuring proposal and report submitted to the Minister under subsection (5) shall be deemed to have been submitted to the Minister under subsection (1) for the purposes of this section. 2001, c. 25, s. 173 (6).

Same

(7) If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section. 2006, c. 32, Sched. A, s. 83 (2).

Limitation

(8) The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a geographic area if any part of the geographic area is in a geographic area for which a commission has been established under section 174. 2001, c. 25, s. 173 (8).

Same, restructuring principles and standards

(9) If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under section 179, the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration. 2001, c. 25, s. 173 (9).

Effect of order

(10) A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (4). 2001, c. 25, s. 173 (10).

Filing

(11) The Minister shall,

(a) publish an order under subsection (4) in The Ontario Gazette; and

(b) file a copy of an order under subsection (4) with each municipality to which the order applies. 2001, c. 25, s. 173 (11).

Inspection

(12) Each municipality described in clause (11) (b) shall make the order available for public inspection. 2001, c. 25, s. 173 (12).

Not regulation

(13) An order of the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2001, c. 25, s. 173 (13); 2006, c. 21, Sched. F, s. 136 (1).

Regulations

(14) The Minister may make regulations,

(a) in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section;

(b) for the purpose of subsection (1),

(i) establishing types of restructuring,

(ii) providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring,

(iii) providing for the degree of support required to support a restructuring proposal with respect to each type of restructuring,

(iv) providing for the manner of determining the support, and

(v) providing for criteria which must be met by the municipalities and local bodies supporting a restructuring proposal;

(c) providing that a municipality in a geographic area for which a restructuring proposal has been submitted under subsection (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(d) for the purpose of paragraph 2 of subsection (3), prescribing the persons or bodies to be consulted. 2001, c. 25, s. 173 (14).

Differing support requirement

(15) A regulation under subsection (14) may provide for different support requirements for restructuring proposals which are minor and restructuring proposals which are not minor. 2001, c. 25, s. 173 (15).

Minor restructuring proposal

(16) A restructuring proposal is minor if,

(a) the proposal provides for one or more annexations of part of a local municipality to another local municipality and makes any changes to the boundaries of upper-tier municipalities necessary to reflect the annexations;

(b) the proposal does not provide for any type of restructuring other than described in clause (a); and

(c) the Minister, after reviewing the proposal, is of the opinion that it is of a minor nature. 2001, c. 25, s. 173 (16).

Regulations

(17) Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 174 in implementing a restructuring proposal. 2001, c. 25, s. 173 (17).

Commission

174. (1) At the request of one of the following, the Minister may establish a commission on or before December 31, 2002 or such later date as the Lieutenant Governor in Council may prescribe, either before or after the December 31, 2002 deadline has passed, to develop a proposal for restructuring municipalities and unorganized territory in a geographic area or in such greater or lesser area as the Minister may prescribe:

1. A municipality in a geographic area.

2. At least 75 residents of the unorganized territory in the geographic area. 2001, c. 25, s. 174 (1).

Restructuring proposal

(2) The commission shall develop a restructuring proposal for the prescribed geographic area or for such part of it as the commission considers advisable. 2001, c. 25, s. 174 (2).

Limitation

(3) A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 174 (3).

Consultation

(4) When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed geographic area and with such persons or bodies as the Minister may prescribe and may consult with such other bodies and persons as the commission considers appropriate. 2001, c. 25, s. 174 (4).

Draft proposal

(5) The commission shall prepare a draft of the restructuring proposal and shall give a copy of the draft to each municipality and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (5).

Public meeting

(6) The commission shall hold at least one public meeting at which any person who attends is given an opportunity to make representations about the draft. 2001, c. 25, s. 174 (6).

Written submissions

(7) The commission shall invite written submissions about the draft and shall establish a deadline for receiving them. 2001, c. 25, s. 174 (7).

Inspection

(8) The commission shall make the submissions available for inspection by each municipality and by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (8).

Notice

(9) The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representations and shall advise them where they can inspect written submissions received by the commission. 2001, c. 25, s. 174 (9).

Notice to the public

(10) The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity,

(a) to inspect the draft;

(b) to make representations at the public meeting and to give written submissions by the deadline; and

Final proposal

(11) After considering the representations and submissions about the draft, the commission shall finalize the restructuring proposal and shall give a copy of it to each municipality in the prescribed geographic area and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (11).

Notice

(12) The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity to inspect the restructuring proposal. 2001, c. 25, s. 174 (12).

Method of giving public notice

(13) The commission shall give notice to the public under this section in a form and manner and at the times that the commission considers adequate to give the public in the prescribed geographic area reasonable notice. 2001, c. 25, s. 174 (13).

Commission orders

175.