City of Toronto Act, 2006
S.O. 2006, CHAPTER 11
Schedule A
Consolidation Period: From May 14, 2008 to October 7, 2008.
This is the most current consolidation of this law available on e-Laws.
Notice of additional information:
The following amendments have been enacted and will be incorporated in a subsequent consolidation:
Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c. 14, s. 49, enacted October 8, 2008.
See Source Law for text of amendments.
There may be more recent events that are not included in this notice.
Last amendment: 2008, c. 7, Sched. C.
CONTENTS
PART I | |
Governing principles | |
Purposes of this Act | |
Interpretation | |
Special Acts | |
Review of this Act | |
PART II | |
Scope of powers | |
Powers of a natural person | |
Broad authority | |
Expropriation | |
Scope of by-laws generally | |
Conflict with legislation, etc. | |
Specific power, by-laws under general powers | |
Restrictions, corporate and financial matters | |
Restriction re monopolies | |
Restriction re geography | |
Agreement for joint undertaking | |
Agreement with First Nation | |
Agreements with Crown | |
Agreements re private services | |
General power to delegate | |
Restriction re: delegation of legislative and quasi-judicial powers | |
Powers that cannot be delegated | |
Effect of delegation to city boards | |
Delegation re hearings | |
Regulations re the provincial interest | |
Regulations to continue powers | |
Regulations re procedural requirements, specific powers | |
Regulations re delegation | |
PART III | |
Definitions | |
Provincial highways | |
What constitutes highway | |
By-laws | |
Jurisdiction re highways | |
Boundary lines | |
Agreement re boundary line | |
Ownership of highway | |
Establishing highways | |
Highway closing procedures | |
Removing and restricting common law right of passage | |
Conveyance of closed highway | |
Restriction re toll highways | |
Maintenance of highways and bridges | |
Nuisance | |
Naming private roads | |
Restriction, motor vehicles | |
Restriction, farming vehicles | |
Entry on land, snow fences | |
Entry on land, naming highways | |
Entry on land, tree trimming | |
Application to court | |
Impounding of objects, vehicles on highway | |
Amount added to tax roll | |
Mistakes | |
Highways not opened on original road allowance | |
Person in possession | |
Enclosed road allowance | |
Passenger transportation systems | |
Toronto Islands, ferry service | |
Geographic jurisdiction for passenger transportation systems, etc. | |
Operating outside City | |
Extra-territorial power | |
Power exercised outside of boundaries | |
Entry and inspection | |
Entry on land | |
Entry into buildings, etc. | |
Entry on land served by public utility | |
Shut-off of public utility | |
No liability for damages re public utilities | |
Security for payment | |
Exemption from seizure | |
Mandatory supply | |
Entry on land re sewage systems | |
Exemption from levy | |
Easements, public utilities | |
Non-municipal public utilities | |
Power may be exercised outside municipality | |
Removal and impounding of vehicles, etc., in parks | |
Drainage and flood control | |
Entry on land to inspect | |
Impounding vehicles parked | |
Parking lots | |
Evidence re enforcement of parking by-laws | |
Disabled parking permits | |
Administrative penalties, parking by-laws | |
Assistance prohibited | |
General power to make grants | |
Small business counselling | |
Definition | |
Powers re licences | |
Conflicts re licensing power | |
Other licensing powers | |
Restriction re systems of licences | |
Limitation re location of business | |
Reciprocal licensing arrangement | |
Restrictions re adult entertainment establishments | |
Licensing tow trucks, etc. | |
Licensing taxicabs | |
Restrictions re trailers and trailer camps | |
Restrictions re group homes | |
Closing of business establishments | |
Smoking in public places, etc. | |
Entry on land re emergency communication system | |
Pits and quarries | |
Repairs or alterations, authorized entry | |
Fortification of land | |
Conveyance of prisoners | |
Trees | |
Site alteration | |
Power of entry re: dangerous trees | |
Registration of agreements respecting ravines | |
Impounding animals | |
Muzzling of dogs | |
Construction of green roofs | |
Non-application of Line Fences Act | |
Advertising devices | |
Demolition and conversion of residential rental properties | |
Zoning by-laws re area, density and height | |
Notice or public meeting not required | |
Front yard parking | |
Site plan control area | |
Development permit system | |
Appeal body for local land use planning matters | |
Regulations re toll highways | |
Regulations re highways and bridges | |
Regulations re administrative penalties, parking by-laws | |
Regulations re business licences | |
Regulations re reciprocal licensing arrangements | |
Regulations re closing of business premises | |
Regulations re zoning by-laws | |
Same | |
Regulations re appeal body for local land use planning matters | |
PART IV | |
Definitions | |
City continued | |
Change of name | |
Wards continued | |
Changes to wards | |
Petition re wards | |
City council continued | |
Role of city council | |
Powers of city council | |
Role of the mayor as head of council | |
Role of the mayor as chief executive officer | |
Changes to city council | |
Role of officers and employees | |
City clerk | |
City treasurer | |
City auditor | |
Chief administrative officer | |
Power to establish city boards | |
Status of city boards | |
Functions of city boards | |
Joint city boards | |
Power to dissolve or change local boards | |
Scope of power to change a local board | |
Dissolution, etc., of joint board | |
Power to establish corporations | |
Proposal for minor restructuring | |
Conflicts with official plan | |
Effect of Minister’s order | |
Regulations re city council, etc. | |
Regulations re dissolution, etc., of local boards | |
Regulations re corporations | |
Additional regulation-making powers re corporations | |
Regulations re minor restructuring | |
PART V | |
Definitions | |
Code of conduct | |
Appointment of Commissioner | |
Responsibilities | |
Inquiry by Commissioner | |
Duty of confidentiality | |
Report to council, general | |
Testimony | |
Reference to appropriate authorities | |
Registry | |
Requirement to file returns, etc. | |
Prohibition on contingency fees | |
Registrar for lobbying matters | |
Inquiry by registrar | |
Appointment of Ombudsman | |
Function | |
Investigation | |
Duty of confidentiality | |
No review, etc. | |
Testimony | |
Effect on other rights, etc. | |
Appointment of Auditor General | |
Responsibilities | |
Duty to furnish information | |
Power to examine on oath | |
Duty of confidentiality | |
Testimony | |
Regulations re local board | |
PART VI | |
First council meeting | |
Deemed organization | |
Declaration of office | |
Location | |
Quorum | |
Procedure by-law | |
Meetings open to public | |
Investigation | |
Investigator | |
Calling of meetings | |
Presiding officer | |
Absence of head | |
Voting | |
Language of by-laws | |
Municipal code | |
Seal of the City | |
By-laws upon application | |
Inspection of records | |
Retention of records | |
Retention periods | |
Eligibility for office | |
Ineligibility for office | |
Vacant seat | |
Resignation as member | |
Restriction on holding office | |
Declaration re vacancy | |
Filling vacancies | |
Term of office, vacancy | |
Application to court | |
Minister’s order re by-election | |
Adoption, etc., of policies | |
Restriction on quashing by-law | |
Application to quash by-law, etc. | |
Investigation by judge | |
Restricted acts | |
Definitions | |
Insurance | |
Powers re local boards (extended definition) | |
Sick leave credit gratuities | |
Insurance, health, etc. | |
Remuneration and expenses | |
Statement of remuneration and expenses | |
Power to authorize review or appeal | |
Regulations re policies | |
Regulations re review or appeal | |
PART VII | |
Fiscal year | |
Yearly budget | |
Multi-year budget | |
Annual return re financial information | |
Annual financial statements | |
Publication of financial statements, etc. | |
Auditing of financial statements, etc. | |
Auditing of local boards | |
Auditor’s right of access | |
Default in providing information | |
Information re municipal operations | |
Financial assistance | |
Mechanical endorsement of cheques | |
Use of a collection agency | |
Regulations re changes in financial reporting requirements | |
Regulations re reserve fund | |
Regulations re financial information | |
Regulations re financial assistance | |
PART VIII | |
Authorized financial activities | |
Authorized borrowing | |
Ranking of debentures, etc. | |
Limitation on term | |
Use of money received | |
Restrictions | |
Use of sinking and retirement funds | |
Registration of debenture by-law | |
Status of by-law and debenture | |
Agreements for municipal capital facilities | |
Offence re borrowing by-law | |
Prohibition re temporary borrowing | |
Liability of members for diversion of funds | |
Regulations re financial activities | |
Regulations re municipal capital facilities | |
PART IX | |
Definitions | |
By-laws re fees and charges | |
Restriction, poll tax | |
Restriction, fees and charges | |
Restriction, charges for gas | |
Approval of by-law of local board | |
Debt | |
No application to O.M.B. | |
Regulations re fees and charges | |
PART X | |
Power to impose taxes | |
Persons, etc., not subject to tax | |
Effect re Part XI | |
Enforcement measures | |
Agreements re tax collection, etc. | |
Regulations re power to impose taxes | |
PART XI | |
Definitions | |
Taxes to be levied equally | |
Establishment of tax ratios | |
Restriction, tax ratios for certain property classes | |
Local municipality levies | |
Prescribed subclass tax reductions | |
Graduated tax rates | |
Taxation of certain railway, power utility lands | |
Interim levy | |
Phase-in of tax changes resulting from reassessments | |
Tax deferrals, relief of financial hardship | |
Payments in lieu of taxes, distribution | |
Universities, etc., liable to tax | |
Non-profit hospital service corporation | |
By-laws re special services | |
PART XII | |
Interpretation | |
Application to traditional municipal taxes | |
Determination of taxes | |
Determination of maximum taxes | |
City option: application of certain provisions of the Act | |
By-law to provide for recoveries | |
Taxes on eligible properties | |
Tenants of leased premises | |
Recouping of landlord’s shortfall | |
Application for cancellation, etc. | |
Part prevails | |
Conflicts | |
Where person undercharged | |
Adjustments | |
Regulations | |
PART XIII | |
Non-application re certain taxes | |
Definitions | |
Tax roll | |
Adjustments to roll | |
By-laws re instalments | |
Tax bill | |
Form of tax bills | |
Late payment charges | |
Payment | |
Allocation of payment | |
Determination of tax status | |
Recovery of taxes | |
Obligations of tenant | |
Seizure | |
Statement | |
Taxes collected on behalf of other bodies | |
Write-off of taxes | |
Refund on cancelled assessment | |
Taxes less than minimum tax amount | |
Division into parcels | |
Cancellation, reduction, refund of taxes | |
Tax relief re cemeteries | |
Overcharges | |
Increase of taxes | |
Error in calculating taxes | |
Regulation | |
Rebates for charities | |
Tax reductions | |
Vacant unit rebate | |
Cancellation, reduction or refund of taxes | |
Cancellation of taxes, rehabilitation and development period | |
Tax reduction for heritage property | |
Change of assessment | |
Federal Crown land | |
Gross leases (property taxes) | |
Gross leases (business improvement area charges) | |
Offence | |
Holidays | |
Urban service areas | |
PART XIV | |
Non-application re certain taxes | |
Definitions | |
Registration of tax arrears certificate | |
Notice of registration | |
Cancellation of tax arrears certificate | |
Accounting for cancellation price | |
Effect of cancellation certificate | |
Extension agreements | |
Public sale | |
Application of proceeds | |
No successful purchaser | |
Methods of giving notice | |
Voidable proceedings | |
Effect of registration | |
Mining rights | |
Scale of costs | |
Immunity from civil actions | |
Power of entry | |
Inspection without warrant | |
Inspection warrant | |
Inspection with warrant | |
Obstruction | |
Regulations | |
Transition, prior registrations | |
Restriction | |
PART XV | |
Authority to create offences | |
Offence re obstruction, etc. | |
Offence re disabled parking | |
Offence re illegally parked vehicle | |
Authority to establish fines | |
Additional penalty re adult entertainment establishments | |
Offences re ozone depleting substances | |
Deemed by-law re ozone depleting substances | |
Additional order to discontinue or remedy | |
Payments out of court | |
City entitlement to fines | |
Conditions governing powers of entry | |
Power of entry re inspection | |
Restriction re dwellings | |
Inspection pursuant to order | |
Search warrant | |
Power to restrain | |
Collection of unpaid licensing fines | |
Enforcement of agreements, etc. | |
Enforcement of loans made by the City | |
Order to discontinue activity | |
Work order | |
Remedial action | |
Closing premises, lack of licence | |
Closing premises, public nuisance | |
Inspection of buildings containing marijuana grow operations | |
Co-ordination of enforcement | |
Application of Part to other Acts | |
PART XVI | |
Immunity re policy decisions | |
Immunity re performance of duty | |
Immunity re highways and bridges | |
Exemption from liability, calming measures | |
Liability in nuisance re water and sewage | |
PART XVII | |
TTC continued | |
Exclusive authority of TTC | |
Powers of the TTC | |
Agreements re local passenger transportation services | |
Claims against TTC | |
Property tax exemption, passenger transportation system | |
TTC Pension Fund Society | |
Sick benefit plan | |
Board continued | |
Additional policing services | |
Indemnifying members of police force | |
Board of Health continued | |
Powers, duties re Exhibition Place | |
Board continued | |
Former employees of Association or Exhibition Stadium Corporation | |
Board continued | |
Former employees of Society | |
Board continued | |
North York Performing Arts Centre Corporation | |
Board continued | |
Additional functions | |
John Ross Robertson Collection | |
Board continued | |
Commission continued | |
Boards continued | |
Committees continued | |
PART XVIII | |
Continuation of authority for by-laws, etc. | |
By-laws under private Acts continued under this Act | |
Temporary authority for by-laws, etc. | |
Temporary authority for by-laws, etc. | |
Deemed by-law re powers and duties | |
Status of official plans | |
Temporary duty to give notice | |
Tax status of property used by veterans | |
Certain transitional provisions, Municipal Act, 2001 | |
Transition, 2007 tax year | |
Adjustments | |
City boards, effect of continuation | |
Other local boards, effect of continuation | |
Temporary authority for by-laws, etc., of boards | |
Business improvement areas | |
Deemed by-law re delegation to certain persons, bodies | |
Proceedings under Part VI of Metro Act | |
Regulations, transitional matters | |
PART XIX | |
Interpretation | |
Pensions, benefits | |
Amending pension by-laws | |
Local boards, pension contributions | |
Corporate status of certain plan and fund | |
Accrued benefits, former plan | |
Right to elect preserved | |
Plans other than OMERS plan | |
Contributions to pensions of craft tradespersons | |
Toronto Fire Department Superannuation and Benefit Fund | |
Effect of certain by-laws | |
Persons administering certain pension funds | |
No contract to supply water to lower-tier municipalities | |
No contract to supply sewage services to lower-tier municipality | |
Homes for the aged | |
Long-term care homes | |
Grants, homes for care of elderly persons | |
Vesting of trust fund | |
Payments re County of York home | |
Agreement with conservation authority | |
Emergency measures | |
Payment of damages to employees | |
Social housing programs | |
Continuation of existing by-laws, agreements re: assisted housing | |
Proof of by-laws | |
Matters of evidence re other documents | |
Costs in legal proceedings | |
Forms | |
Power to adopt other codes, etc. | |
Scope of regulations | |
Preamble
The Assembly recognizes that the City of Toronto, as Ontario’s capital city, is an economic engine of Ontario and of Canada. The Assembly recognizes that the City plays an important role in creating and supporting economic prosperity and a high quality of life for the people of Ontario.
The Assembly recognizes that the success of the City requires the active participation of governments working together in a partnership based on respect, consultation and co-operation.
The Assembly recognizes the importance of providing the City with a legislative framework within which the City can build a strong, vibrant and sustainable city that is capable of thriving in the global economy. The Assembly recognizes that the City is a government that is capable of exercising its powers in a responsible and accountable fashion.
The Assembly recognizes that it is in the interests of the Province that the City be given these powers.
Governing principles
1. (1) The City of Toronto exists for the purpose of providing good government with respect to matters within its jurisdiction, and the city council is a democratically elected government which is responsible and accountable. 2006, c. 11, Sched. A, s. 1 (1).
Relationship with the Province
(2) The Province of Ontario endorses the principle that it is in the best interests of the Province and the City to work together in a relationship based on mutual respect, consultation and co-operation. 2006, c. 11, Sched. A, s. 1 (2).
Consultation
(3) For the purposes of maintaining such a relationship, it is in the best interests of the Province and the City to engage in ongoing consultations with each other about matters of mutual interest and to do so in accordance with an agreement between the Province and the City. 2006, c. 11, Sched. A, s. 1 (3).
Agreements with the federal government
(4) The Province acknowledges that the City has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the City’s jurisdiction. 2006, c. 11, Sched. A, s. 1 (4).
Purposes of this Act
2. The purpose of this Act is to create a framework of broad powers for the City which balances the interests of the Province and the City and which recognizes that the City must be able to do the following things in order to provide good government:
1. Determine what is in the public interest for the City.
2. Respond to the needs of the City.
3. Determine the appropriate structure for governing the City.
4. Ensure that the City is accountable to the public and that the process for making decisions is transparent.
5. Determine the appropriate mechanisms for delivering municipal services in the City.
6. Determine the appropriate levels of municipal spending and municipal taxation for the City.
7. Use fiscal tools to support the activities of the City. 2006, c. 11, Sched. A, s. 2.
Interpretation
Definitions
“animal” means any member of the animal kingdom, other than a human; (“animal”)
“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)
“city board” means a city board established or deemed to be established by the City under this Act, but does not include a corporation incorporated by the City in accordance with section 148 or an appeal body established under section 115 for local land use planning matters; (“commission municipale”)
“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; (“foyer de groupe”)
“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 city 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”)
“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)
“old Municipal Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read on December 31, 2002; (“ancienne Loi sur les municipalités”)
“person” includes a municipality unless the context otherwise requires; (“personne”)
“power”, in relation to the authority of the City 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 taxation under Part XI (Traditional Municipal Taxes) for municipal and school purposes; (“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”)
“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”)
“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)
“TTC” means the Toronto Transit Commission; (“CTT”)
“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”) 2006, c. 11, Sched. A, s. 3 (1); 2006, c. 32, Sched. B, 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. 2006, c. 11, Sched. A, s. 3 (2). 2006, c. 11, Sched. A, s. 3 (2).
Local board of the City
(3) In this Act, a reference to a local board of the City includes a local board which is a local board of the City and one or more other municipalities. 2006, c. 11, Sched. A, s. 3 (3). 2006, c. 11, Sched. A, s. 3 (3).
Application to other Acts
(4) This section applies to all other Acts or provisions of Acts affecting or relating to matters of the City and its local boards unless the context otherwise requires. 2006, c. 11, Sched. A, s. 3 (4).
Amount added to tax roll
(5) If, under this or any other Act, an amount payable to the City is given priority lien status, the City may add the amount to the tax roll for the City 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. 2006, c. 11, Sched. A, s. 3 (5).
Amounts imposed by local board, etc.
(6) The city treasurer shall, upon the request of a local board or school board whose area of jurisdiction includes any part of the City, add to the tax roll for the City under subsection (5) any amounts imposed by the local board or school board, respectively. 2006, c. 11, Sched. A, s. 3 (6).
Priority lien status
(7) If an amount is added to the tax roll in respect of a property under subsection (5) or (6), that amount, including interest,
(a) may be collected in the same manner as real property taxes levied on the property under Part XI (Traditional Municipal Taxes);
(b) may be recovered with costs as a debt due to the City from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;
(c) is a special lien on the property in the same manner as are real property taxes under subsection 314 (3); and
(d) may be included in the cancellation price under Part XIV (Sale of Land for Tax Arrears (Real Property Taxes)) in the same manner as are real property taxes. 2006, c. 11, Sched. A, s. 3 (7).
Taxes of the City
(8) In this Act, except in Part X (Power to Impose Taxes), a reference to a tax of the City or any other expression meaning a tax of the City does not include a tax imposed under Part X, unless the context requires otherwise. 2006, c. 11, Sched. A, s. 3 (8).
Special Acts
“special Act” means an Act, other than this Act, relating to the City in particular. 2006, c. 11, Sched. A, s. 4 (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 the City under a special Act; and
(b) a special Act does not limit or restrict the powers of the City under this Act. 2006, c. 11, Sched. A, s. 4 (2).
Override power
(3) Despite subsection (2), the City 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:
1. Changing the name of the City.
2. Establishing, changing or dissolving wards.
3. Changing the composition of city council.
4. Dissolving or changing local boards.
5. 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. 11, Sched. A, s. 4 (3).
Exclusion