City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

City of Toronto Act, 2006

S.O. 2006, CHAPTER 11
Schedule A

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 amendments made by 2006, c. 34, Sched. D, s. 95 come into force.

Last amendment: 2011, c. 9, Sched. 41, s. 2.

SKIP TABLE OF CONTENTS

CONTENTS


Preamble
PART I INTERPRETATION
1.	Governing principles
2.	Purposes of this Act
3.	Interpretation
4.	Special Acts
5.	Review of this Act
PART II GENERAL POWERS OF THE CITY
Powers
6.	Scope of powers
7.	Powers of a natural person
8.	Broad authority
9.	Expropriation
10.	Scope of by-laws generally
11.	Conflict with legislation, etc.
General Restrictions
12.	Specific power, by-laws under general powers
13.	Restrictions, corporate and financial matters
14.	Restriction re monopolies
15.	Restriction re geography
Agreements
16.	Agreement for joint undertaking
17.	Agreement with First Nation
18.	Agreements with Crown
19.	Agreements re private services
Delegation of Powers and Duties
20.	General power to delegate
21.	Restriction re: delegation of legislative and quasi-judicial powers
22.	Powers that cannot be delegated
23.	Effect of delegation to city boards
24.	Delegation re hearings
Regulations
25.	Regulations re the provincial interest
26.	Regulations to continue powers
27.	Regulations re procedural requirements, specific powers
28.	Regulations re delegation
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Highways
29.	Definitions
30.	Provincial highways
31.	What constitutes highway
32.	By-laws
33.	Jurisdiction re highways
34.	Boundary lines
35.	Agreement re boundary line
36.	Ownership of highway
37.	Establishing highways
38.	Highway closing procedures
39.	Removing and restricting common law right of passage
40.	Conveyance of closed highway
41.	Restriction re toll highways
42.	Maintenance of highways and bridges
43.	Nuisance
44.	Naming private roads
45.	Restriction, motor vehicles
46.	Restriction, farming vehicles
47.	Entry on land, snow fences
48.	Entry on land, naming highways
49.	Entry on land, tree trimming
50.	Application to court
51.	Impounding of objects, vehicles on highway
51.1	Amount added to tax roll
52.	Mistakes
53.	Highways not opened on original road allowance
54.	Person in possession
55.	Enclosed road allowance
Transportation
56.	Passenger transportation systems
57.	Toronto Islands, ferry service
58.	Geographic jurisdiction for passenger transportation systems, etc.
59.	Operating outside City
59.1	Extra-territorial power
Waste Management
60.	Power exercised outside of boundaries
61.	Entry and inspection
Public Utilities
62.	Entry on land
63.	Entry into buildings, etc.
64.	Entry on land served by public utility
65.	Shut-off of public utility
66.	No liability for damages re public utilities
67.	Security for payment
68.	Exemption from seizure
69.	Mandatory supply
70.	Entry on land re sewage systems
71.	Exemption from levy
72.	Easements, public utilities
73.	Non-municipal public utilities
Culture, Parks, Recreation and Heritage
74.	Power may be exercised outside municipality
74.1	Removal and impounding of vehicles, etc., in parks
Drainage and Flood Control
75.	Drainage and flood control
76.	Entry on land to inspect
Parking
77.	Impounding vehicles parked
78.	Parking lots
79.	Evidence re enforcement of parking by-laws
80.	Accessible parking permits
81.	Administrative penalties, parking by-laws
Economic Development
82.	Assistance prohibited
83.	General power to make grants
84.	Small business counselling
Licences
85.	Definition
86.	Powers re licences
87.	Conflicts re licensing power
88.	Other licensing powers
89.	Restriction re systems of licences
90.	Limitation re location of business
91.	Reciprocal licensing arrangement
92.	Restrictions re adult entertainment establishments
93.	Licensing tow trucks, etc.
94.	Licensing taxicabs
95.	Restrictions re trailers and trailer camps
96.	Restrictions re group homes
Closing of Business Establishments
97.	Closing of business establishments
Health, Safety and Well-Being
98.	Smoking in public places, etc.
99.	Entry on land re emergency communication system
100.	Pits and quarries
101.	Repairs or alterations, authorized entry
102.	Fortification of land
103.	Conveyance of prisoners
Natural Environment
104.	Trees
105.	Site alteration
105.1	Power of entry re: dangerous trees
105.2	Registration of agreements respecting ravines
Animals
106.	Impounding animals
107.	Muzzling of dogs
Structures, Including Fences and Signs
108.	Construction of green roofs or alternative roof surfaces
109.	Non-application of Line Fences Act
110.	Advertising devices
Land Use Planning
111.	Demolition and conversion of residential rental properties
113.	Zoning by-laws re area, density and height
113.1	Notice or public meeting not required
113.2	Front yard parking
114.	Site plan control area
114.1	Development permit system
115.	Appeal body for local land use planning matters
Regulations
116.	Regulations re toll highways
117.	Regulations re highways and bridges
118.	Regulations re administrative penalties, parking by-laws
119.	Regulations re business licences
120.	Regulations re reciprocal licensing arrangements
121.	Regulations re closing of business premises
122.	Regulations re zoning by-laws
122.1	Same
123.	Regulations re appeal body for local land use planning matters
PART IV THE CITY AND ITS GOVERNANCE
Interpretation
124.	Definitions
The City
125.	City continued
126.	Change of name
127.	Wards continued
128.	Changes to wards
129.	Petition re wards
City Council
130.	City council continued
131.	Role of city council
132.	Powers of city council
133.	Role of the mayor as head of council
134.	Role of the mayor as chief executive officer
135.	Changes to city council
Officers and Employees of the City
136.	Role of officers and employees
137.	City clerk
138.	City treasurer
139.	City auditor
140.	Chief administrative officer
City Boards
141.	Power to establish city boards
142.	Status of city boards
143.	Functions of city boards
144.	Joint city boards
145.	Power to dissolve or change local boards
146.	Scope of power to change a local board
147.	Dissolution, etc., of joint board
Corporations
148.	Power to establish corporations
Municipal Restructuring
149.	Proposal for minor restructuring
150.	Conflicts with official plan
151.	Effect of Minister’s order
Regulations
152.	Regulations re city council, etc.
153.	Regulations re dissolution, etc., of local boards
154.	Regulations re corporations
154.1	Additional regulation-making powers re corporations
155.	Regulations re minor restructuring
PART V ACCOUNTABILITY AND TRANSPARENCY
Interpretation
156.	Definitions
Code of Conduct
157.	Code of conduct
Integrity Commissioner
158.	Appointment of Commissioner
159.	Responsibilities
160.	Inquiry by Commissioner
161.	Duty of confidentiality
162.	Report to council, general
163.	Testimony
164.	Reference to appropriate authorities
Registration re Lobbying
165.	Registry
166.	Requirement to file returns, etc.
167.	Prohibition on contingency fees
168.	Registrar for lobbying matters
169.	Inquiry by registrar
Ombudsman
170.	Appointment of Ombudsman
171.	Function
172.	Investigation
173.	Duty of confidentiality
174.	No review, etc.
175.	Testimony
176.	Effect on other rights, etc.
Auditor General
177.	Appointment of Auditor General
178.	Responsibilities
179.	Duty to furnish information
180.	Power to examine on oath
181.	Duty of confidentiality
182.	Testimony
Regulations
183.	Regulations re local board
PART VI PRACTICES AND PROCEDURES
First Meeting
184.	First council meeting
185.	Deemed organization
186.	Declaration of office
Location of Meetings and Public Offices
187.	Location
Quorum
188.	Quorum
Procedure By-law
189.	Procedure by-law
Meetings
190.	Meetings open to public
190.1	Investigation
190.2	Investigator
191.	Calling of meetings
192.	Presiding officer
193.	Absence of head
194.	Voting
By-laws
195.	Language of by-laws
196.	Municipal code
197.	Seal of the City
198.	By-laws upon application
Records
199.	Inspection of records
200.	Retention of records
201.	Retention periods
Eligibility
202.	Eligibility for office
203.	Ineligibility for office
Vacancies
204.	Vacant seat
205.	Resignation as member
206.	Restriction on holding office
207.	Declaration re vacancy
208.	Filling vacancies
209.	Term of office, vacancy
210.	Application to court
211.	Minister’s order re by-election
Policies
212.	Adoption, etc., of policies
Quashing By-laws
213.	Restriction on quashing by-law
214.	Application to quash by-law, etc.
Judicial Investigation
215.	Investigation by judge
Restricted Acts after Nomination Day
216.	Restricted acts
Insurance
217.	Definitions
218.	Insurance
219.	Powers re local boards (extended definition)
Health Benefits
220.	Sick leave credit gratuities
221.	Insurance, health, etc.
Remuneration and Expenses
222.	Remuneration and expenses
223.	Statement of remuneration and expenses
Review or Appeal re Delegated Authority
224.	Power to authorize review or appeal
Regulations
225.	Regulations re policies
226.	Regulations re review or appeal
PART VII FINANCIAL ADMINISTRATION
Fiscal Year
227.	Fiscal year
Budgets
228.	Yearly budget
229.	Multi-year budget
Returns and Financial Statements
230.	Annual return re financial information
231.	Annual financial statements
232.	Publication of financial statements, etc.
233.	Auditing of financial statements, etc.
234.	Auditing of local boards
235.	Auditor’s right of access
General
236.	Default in providing information
237.	Information re municipal operations
238.	Financial assistance
239.	Mechanical endorsement of cheques
240.	Use of a collection agency
Regulations
241.	Regulations re changes in financial reporting requirements
242.	Regulations re reserve fund
243.	Regulations re financial information
244.	Regulations re financial assistance
PART VIII FINANCES
Authorized Financial Activities
245.	Authorized financial activities
246.	Authorized borrowing
247.	Ranking of debentures, etc.
247.1	Limitation on term
248.	Use of money received
248.1	Restrictions
249.	Use of sinking and retirement funds
250.	Registration of debenture by-law
251.	Status of by-law and debenture
Financing Municipal Capital Facilities
252.	Agreements for municipal capital facilities
Enforcement
253.	Offence re borrowing by-law
254.	Prohibition re temporary borrowing
255.	Liability of members for diversion of funds
Regulations
256.	Regulations re financial activities
257.	Regulations re municipal capital facilities
PART IX FEES AND CHARGES
258.	Definitions
259.	By-laws re fees and charges
260.	Restriction, poll tax
261.	Restriction, fees and charges
262.	Restriction, charges for gas
263.	Approval of by-law of local board
264.	Debt
265.	No application to O.M.B.
266.	Regulations re fees and charges
PART X POWER TO IMPOSE TAXES
267.	Power to impose taxes
268.	Persons, etc., not subject to tax
269.	Effect re Part XI
270.	Enforcement measures
271.	Agreements re tax collection, etc.
272.	Regulations re power to impose taxes
PART XI TRADITIONAL MUNICIPAL TAXES
273.	Definitions
274.	Taxes to be levied equally
275.	Establishment of tax ratios
276.	Restriction, tax ratios for certain property classes
277.	Local municipality levies
278.	Prescribed subclass tax reductions
279.	Graduated tax rates
280.	Taxation of certain railway, power utility lands
281.	Interim levy
282.	Phase-in of tax changes resulting from reassessments
283.	Tax deferrals, relief of financial hardship
284.	Payments in lieu of taxes, distribution
285.	Universities, etc., liable to tax
286.	Non-profit hospital service corporation
287.	By-laws re special services
PART XII LIMITS ON TRADITIONAL MUNICIPAL TAXES
288.	Interpretation
289.	Application to traditional municipal taxes
290.	Determination of taxes
291.	Determination of maximum taxes
292.	City option: application of certain provisions of the Act
293.	By-law to provide for recoveries
294.	Taxes on eligible properties
295.	Tenants of leased premises
296.	Recouping of landlord’s shortfall
297.	Application for cancellation, etc.
298.	Part prevails
299.	Conflicts
300.	Where person undercharged
301.	Adjustments
302.	Regulations
PART XIII COLLECTION OF TRADITIONAL MUNICIPAL TAXES
303.	Non-application re certain taxes
304.	Definitions
305.	Tax roll
306.	Adjustments to roll
307.	By-laws re instalments
308.	Tax bill
309.	Form of tax bills
310.	Late payment charges
311.	Payment
312.	Allocation of payment
313.	Determination of tax status
314.	Recovery of taxes
315.	Obligations of tenant
316.	Seizure
317.	Statement
318.	Taxes collected on behalf of other bodies
319.	Write-off of taxes
320.	Refund on cancelled assessment
321.	Taxes less than minimum tax amount
322.	Division into parcels
323.	Cancellation, reduction, refund of taxes
324.	Tax relief re cemeteries
325.	Overcharges
326.	Increase of taxes
327.	Error in calculating taxes
328.	Regulation
329.	Rebates for charities
330.	Tax reductions
331.	Vacant unit rebate
332.	Cancellation, reduction or refund of taxes
333.	Cancellation of taxes, rehabilitation and development period
334.	Tax reduction for heritage property
335.	Change of assessment
336.	Federal Crown land
337.	Gross leases (property taxes)
338.	Gross leases (business improvement area charges)
339.	Offence
340.	Holidays
341.	Urban service areas
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
342.	Non-application re certain taxes
343.	Definitions
344.	Registration of tax arrears certificate
345.	Notice of registration
346.	Cancellation of tax arrears certificate
347.	Accounting for cancellation price
348.	Effect of cancellation certificate
349.	Extension agreements
350.	Public sale
351.	Application of proceeds
351.0.1	Automatic forfeiture
351.1	No successful purchaser
352.	Methods of giving notice
353.	Voidable proceedings
354.	Effect of registration
355.	Mining rights
356.	Scale of costs
357.	Immunity from civil actions
358.	Power of entry
359.	Inspection without warrant
360.	Inspection warrant
361.	Inspection with warrant
362.	Obstruction
363.	Regulations
364.	Transition, prior registrations
365.	Restriction
PART XV ENFORCEMENT
Offences and Penalties
366.	Authority to create offences
367.	Offence re obstruction, etc.
368.	Offence re accessible parking
369.	Offence re illegally parked vehicle
370.	Authority to establish fines
371.	Additional penalty re adult entertainment establishments
371.1	Offences re ozone depleting substances
371.2	Deemed by-law re ozone depleting substances
372.	Additional order to discontinue or remedy
373.	Payments out of court
374.	City entitlement to fines
Powers of Entry
375.	Conditions governing powers of entry
376.	Power of entry re inspection
377.	Restriction re dwellings
378.	Inspection pursuant to order
379.	Search warrant
General Enforcement Powers
380.	Power to restrain
381.	Collection of unpaid licensing fines
381.1	Unpaid fines
382.	Enforcement of agreements, etc.
383.	Enforcement of loans made by the City
City Orders and Remedial Actions
384.	Order to discontinue activity
385.	Work order
386.	Remedial action
Court Orders to Close Premises
387.	Closing premises, lack of licence
388.	Closing premises, public nuisance
388.1	Inspection of buildings containing marijuana grow operations
388.2	Co-ordination of enforcement
Application to Other Acts
389.	Application of Part to other Acts
PART XVI LIABILITY OF THE CITY
390.	Immunity re policy decisions
391.	Immunity re performance of duty
392.	Immunity re highways and bridges
392.1	Exemption from liability, calming measures
393.	Liability in nuisance re water and sewage
PART XVII OTHER CITY BODIES
Toronto Transit Commission
394.	TTC continued
395.	Exclusive authority of TTC
396.	Powers of the TTC
397.	Agreements re local passenger transportation services
398.	Claims against TTC
399.	Property tax exemption, passenger transportation system
400.	TTC Pension Fund Society
401.	Sick benefit plan
Toronto Police Services Board
402.	Board continued
403.	Additional policing services
404.	Indemnifying members of police force
Board of Health
405.	Board of Health continued
Exhibition Place
406.	Powers, duties re Exhibition Place
407.	Board continued
408.	Former employees of Association or Exhibition Stadium Corporation
Toronto Zoo
409.	Board continued
410.	Former employees of Society
Hummingbird Centre
411.	Board continued
North York Performing Arts Centre Corporation
411.1	North York Performing Arts Centre Corporation
Toronto Public Library Board
412.	Board continued
413.	Additional functions
414.	John Ross Robertson Collection
Toronto Historical Board
415.	Board continued
Toronto Licensing Commission
416.	Commission continued
Municipal Service Boards
417.	Boards continued
Sinking Fund Committees
418.	Committees continued
PART XVIII TRANSITION
Matters Respecting the City
419.	Continuation of authority for by-laws, etc.
419.1	By-laws under private Acts continued under this Act
420.	Temporary authority for by-laws, etc.
420.1	Temporary authority for by-laws, etc.
420.2	Deemed by-law re powers and duties
421.	Status of official plans
422.	Temporary duty to give notice
424.	Tax status of property used by veterans
425.	Certain transitional provisions, Municipal Act, 2001
425.1	Transition, 2007 tax year
425.2	Adjustments
City Boards and Other Local Boards
426.	City boards, effect of continuation
427.	Other local boards, effect of continuation
428.	Temporary authority for by-laws, etc., of boards
Miscellaneous Matters
429.	Business improvement areas
430.	Deemed by-law re delegation to certain persons, bodies
431.	Proceedings under Part VI of Metro Act
Regulations
432.	Regulations, transitional matters
PART XIX MISCELLANEOUS MATTERS
Status of Certain Employment Benefits
433.	Interpretation
434.	Pensions, benefits
435.	Amending pension by-laws
436.	Local boards, pension contributions
437.	Corporate status of certain plan and fund
438.	Accrued benefits, former plan
439.	Right to elect preserved
440.	Plans other than OMERS plan
441.	Contributions to pensions of craft tradespersons
442.	Toronto Fire Department Superannuation and Benefit Fund
443.	Effect of certain by-laws
443.1	Persons administering certain pension funds
Restrictions on Supply of Water, Sewage Disposal
445.	No contract to supply water to lower-tier municipalities
446.	No contract to supply sewage services to lower-tier municipality
Miscellaneous Powers of the City
447.	Long-term care homes
448.	Grants, homes for care of elderly persons
449.	Vesting of trust fund
451.	Agreement with conservation authority
452.	Emergency measures
453.	Payment of damages to employees
453.1	Social housing programs
453.2	Continuation of existing by-laws, agreements re: assisted housing
Proceedings Before Courts and Tribunals
454.	Proof of by-laws
455.	Matters of evidence re other documents
456.	Costs in legal proceedings
Administration
457.	Forms
458.	Power to adopt other codes, etc.
459.	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.

PART I
INTERPRETATION

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

3. (1) In this Act,

“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;

(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

4. (1) In this section,

“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

(4) Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power. 2006, c. 11, Sched. A, s. 4 (4).

Review of this Act

5. The Minister of Municipal Affairs and Housing shall initiate a review of this Act two years after section 125 comes into force and thereafter within five years after the end of the previous review. 2006, c. 11, Sched. A, s. 5.

PART II
GENERAL POWERS OF THE CITY

Powers

Scope of powers

6. (1) The powers of the City under this or any other Act shall be interpreted broadly so as to confer broad authority on the City to enable the City to govern its affairs as it considers appropriate and to enhance the City’s ability to respond to municipal issues. 2006, c. 11, Sched. A, s. 6 (1); 2006, c. 32, Sched. B, s. 2.

Ambiguity

(2) In the event of ambiguity in whether or not the City 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 City had on the day before this section came into force. 2006, c. 11, Sched. A, s. 6 (2).

Powers of a natural person

7. The City 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. 11, Sched. A, s. 7.

Broad authority

8. (1) The City may provide any service or thing that the City considers necessary or desirable for the public. 2006, c. 11, Sched. A, s. 8 (1).

City by-laws

(2) The City may pass by-laws respecting the following matters:

1. Governance structure of the City and its local boards (restricted definition).

2. Accountability and transparency of the City and its operations and of its local boards (restricted definition) and their operations.

3. Financial management of the City and its local boards (restricted definition).

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

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

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

7. Services and things that the City 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. 11, Sched. A, s. 8 (2); 2006, c. 32, Sched. B, s. 3 (1, 2).

Scope of by-law making power

(3) Without limiting the generality of section 6, a by-law under this section respecting a matter may,

(a) regulate or prohibit respecting the matter;

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

One power not affecting another

(4) 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. 11, Sched. A, s. 8 (4).

Services or things provided by others

(5) The power 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 City or a city board. 2006, c. 11, Sched. A, s. 8 (5).

Exception

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

(a) to ensure that the physical operation of a system of the City or of a city board is not impaired; or

(b) to ensure that the City, a city board or a system of the City or city board meets any provincial standards or regulations that apply to it. 2006, c. 32, Sched. B, s. 3 (3).

Definition

(6) In this section,

“local board (restricted definition)” 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 148. 2006, c. 11, Sched. A, s. 8 (6); 2007, c. 8, s. 198 (1).

Expropriation

9. (1) The power of the City to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2006, c. 11, Sched. A, s. 9 (1).

Extended power

(2) The City, a local board of the City that has the authority to expropriate land and a school board that has jurisdiction in any part of the City and has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority to expropriate land 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. 2006, c. 11, Sched. A, s. 9 (2).

Scope of by-laws generally

10. (1) Without limiting the generality of section 6 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 the City considers appropriate. 2006, c. 11, Sched. A, s. 10 (1).

Exceptions

(2) Subsection (1) does not apply with respect to a by-law made under Part VII (Financial Administration), VIII (Finances), XI (Traditional Municipal Taxes), XII (Limits on Traditional Municipal Taxes), XIII (Collection of Traditional Municipal Taxes) or XIV (Sale of Land for Tax Arrears (Real Property Taxes)). 2006, c. 11, Sched. A, s. 10 (2).

Conflict with legislation, etc.

11. (1) A city 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 a provincial or federal regulation. 2006, c. 11, Sched. A, s. 11 (1).

Same

(2) Without restricting the generality of subsection (1), there is a conflict between a city by-law 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. 11, Sched. A, s. 11 (2).

General Restrictions

Specific power, by-laws under general powers

12. (1) If the City has the power to pass a by-law under section 7 or 8 and also under a specific provision of this or any other Act, the power conferred by section 7 or 8 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. 2006, c. 11, Sched. A, s. 12 (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 the City has a particular power shall not be interpreted as a limit on the power contained in the specific provision. 2006, c. 32, Sched. B, s. 4 (1).

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 7 or 8 comes into force. 2006, c. 11, Sched. A, s. 12 (2).

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. 2006, c. 11, Sched. A, s. 12 (3).

Limitation

(4) Subsection (1) applies to limit the powers of the City despite the inclusion of the words “without limiting sections 7 and 8” or any similar form of words in the specific provision. 2006, c. 32, Sched. B, s. 4 (2).

Non-application of section

(5) This section does not apply to a by-law under section 7 or 8,

(a) respecting fences and signs;

(b) requiring persons to clear away and remove snow and ice from land;

(d) requiring persons to cut and remove long grass and weeds, as defined in the by-law, from land they own or occupy or from highways abutting the land;

(e) prescribing standards to protect against entry into vacant buildings, as defined in the Building Code Act, 1992, or to detect and signal the presence of a person in a vacant building;

(f) authorizing front yard parking;

(g) requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property;

(h) providing for any project or undertaking designed to provide housing accommodation in the City, including any public space or recreational, institutional, commercial or industrial facilities or buildings that, in the opinion of the City, may be reasonably necessary for that purpose; or

(i) respecting such other matters as may be prescribed by the Minister of Municipal Affairs and Housing. 2006, c. 32, Sched. B, s. 4 (2).

Exception

(6) Clause (5) (h) does not apply so as to exempt the by-law described in that clause from the application of the Planning Act. 2006, c. 32, Sched. B, s. 4 (2).

Restrictions, corporate and financial matters

13. Sections 7 and 8 do not authorize the City to do any of the following:

1. Impose any type of tax, including taxes under any Part of this Act.

2. Make a grant or loan.

3. Become a bankrupt under the Bankruptcy and Insolvency Act (Canada).

4. 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. 11, Sched. A, s. 13.

Restriction re monopolies

14. The City shall not confer on any person the exclusive right to carry on any business, trade or occupation unless the City is specifically authorized to do so under this or any other Act. 2006, c. 11, Sched. A, s. 14.

Restriction re geography

15. (1) City by-laws and resolutions apply only within the boundaries of the City, except as otherwise provided in subsection (2) or in any other provisions of this or any other Act. 2006, c. 11, Sched. A, s. 15 (1).

Exception, services

(2) The City may exercise its powers to provide a municipal system for the provision of 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 City.

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. 2006, c. 11, Sched. A, s. 15 (2).

Same

(3) Despite subsection (2), the City cannot exercise its power to impose taxes under any Part of this Act for a purpose described in that subsection. 2006, c. 11, Sched. A, s. 15 (3).

Terms

(4) 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. 2006, c. 11, Sched. A, s. 15 (4).

Definition

(5) 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. 2006, c. 11, Sched. A, s. 15 (5).

Agreements

Agreement for joint undertaking

16. (1) The City may enter into an agreement with one or more municipalities or local bodies, as defined in subsection 15 (5), 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. 2006, c. 11, Sched. A, s. 16 (1).

Extraterritorial effect

(2) The City 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. 2006, c. 11, Sched. A, s. 16 (2).

Agreement with First Nation

17. (1) The City 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 or not the reserve is within the City. 2006, c. 11, Sched. A, s. 17 (1).

Extraterritorial effect

(2) The City may provide the system outside its boundaries in accordance with the agreement. 2006, c. 11, Sched. A, s. 17 (2).

Agreements with Crown

18. (1) The City may provide a system that it would otherwise not have power to provide within the City, if it does so in accordance with an agreement with the Crown in right of Ontario under a program established and administered by the Crown. 2006, c. 11, Sched. A, s. 18 (1).

Extraterritorial effect

(2) The City may provide the system outside its boundaries in accordance with the agreement. 2006, c. 11, Sched. A, s. 18 (2).

Same

(3) The City may provide a system that it has power to provide within the City outside its boundaries in accordance with an agreement with the Crown in right of Ontario under a program established and administered by the Crown. 2006, c. 11, Sched. A, s. 18 (3).

Agreements re private services

19. The City 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. 2006, c. 11, Sched. A, s. 19.

Delegation of Powers and Duties

General power to delegate

20. (1) Without limiting sections 7 and 8, those sections authorize the City 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. 11, Sched. A, s. 20 (1).

Scope of power

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

1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the City’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 City 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 City and the delegate.

5. A delegation may be made subject to such conditions and limits as City council 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. 11, Sched. A, s. 20 (2).

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 132 (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. 11, Sched. A, s. 20 (3).

Restriction re: delegation of legislative and quasi-judicial powers

21. (1) Sections 7 and 8 do not authorize the City 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 city council or a council committee;

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

(i) members of city council,

(ii) individuals appointed by city council,

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

(c) an individual who is an officer, employee or agent of the City. 2006, c. 11, Sched. A, s. 21 (1); 2006, c. 32, Sched. B, s. 5 (1).

Listed Acts

(2) For the purpose of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the City and such other Acts as may be prescribed. 2006, c. 32, Sched. B, s. 5 (2).

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 148. 2006, c. 11, Sched. A, s. 21 (3).

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 city council, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, city council, in addition to any other factors council 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. 11, Sched. A, s. 21 (4).

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 city council 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. 11, Sched. A, s. 21 (5); 2006, c. 32, Sched. B, s. 5 (3).

Powers that cannot be delegated

22. (1) Sections 7 and 8 do not authorize the City to delegate any of the following powers and duties:

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

2. The power to pass a by-law under section 267 and Parts XI, XII and XIII.

3. The power to incorporate corporations in accordance with section 148.

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 power to pass a by-law in accordance with subsections 84 (1) and (2) and 252 (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 333 of this Act.

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

9. Any other power or duty that may be prescribed. 2006, c. 11, Sched. A, s. 22; 2006, c. 32, Sched. B, s. 6 (1, 2).

Exception

(2) Nothing in subsection (1) prevents the City from delegating its administrative powers. 2006, c. 32, Sched. B, s. 6 (3).

Effect of delegation to city boards

23. (1) When the City has delegated a power or duty to a city board, the City may provide that any existing by-law or resolution of the City that relates to the delegated power or duty is, to the extent it applies in any part of the City, deemed to be a by-law or resolution of the board. 2006, c. 11, Sched. A, s. 23 (1).

Limitation

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

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

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

(c) removes from the City its power to deal with real and personal property in connection with the service or activity as if the City had control and management of the service or activity. 2006, c. 11, Sched. A, s. 23 (2).

Delegation re hearings

Application

24. (1) This section applies when the City 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. B, s. 7.

Delegation authorized

(2) Despite subsections 21 (1) and (2), sections 7 and 8 authorize the City to delegate to a person or body described in subsection 21 (1) 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. B, s. 7.

Rules re effect of delegation

(3) If the City 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 City 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. B, s. 7.

Regulations

Regulations re the provincial interest

25. (1) If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the power of the City under sections 7, 8 and 267 or providing that the City cannot exercise the power in prescribed circumstances. 2006, c. 11, Sched. A, s. 25 (1).

Deemed revocation

(2) A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then. 2006, c. 11, Sched. A, s. 25 (2).

Restriction

(3) The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect. 2006, c. 11, Sched. A, s. 25 (3).

Same

(4) Subsection (3) does not affect any authority to make regulations under any other section of this or any other Act. 2006, c. 11, Sched. A, s. 25 (4).

Effect on by-laws

(5) If a regulation made under subsection (1) imposes limits or conditions on a power of the City or provides that the City cannot exercise a power in prescribed circumstances, any by-law made by the City under the applicable power is inoperative to the extent of the limits, conditions or prohibition. 2006, c. 11, Sched. A, s. 25 (5).

Regulations to continue powers

26. (1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before this section comes into force. 2006, c. 11, Sched. A, s. 26 (1).

Retroactive

(2) A regulation under subsection (1) may be retroactive to a day not earlier than the day on which this section comes into force. 2006, c. 11, Sched. A, s. 26 (2).

Same, powers on December 31, 2002

(3) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on December 31, 2002. 2006, c. 11, Sched. A, s. 26 (3).

Retroactive

(4) A regulation under subsection (3) may be retroactive to a day not earlier than January 1, 2003. 2006, c. 11, Sched. A, s. 26 (4).

Regulations

(4.1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force. 2006, c. 32, Sched. B, s. 8 (1).

Retroactive

(4.2) A regulation under subsection (4.1) may be retroactive to a day not earlier than the day on which section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force. 2006, c. 32, Sched. B, s. 8 (1).

Use of power

(5) A regulation under subsection (1), (3) or (4.1) may provide for any matter that in the opinion of the Lieutenant Governor in Council is necessary or desirable in order to ensure that the exercise by the City of the power before the later of the day the regulation is filed and the day the regulation comes into force has the same effect as if the City had always had the power, including extinguishing any right, obligation or interest acquired or accrued. 2006, c. 11, Sched. A, s. 26 (5); 2006, c. 32, Sched. B, s. 8 (2).

Conflicts

(6) If there is a conflict between a regulation made under this section and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under this section prevails. 2006, c. 11, Sched. A, s. 26 (6).

Regulations re procedural requirements, specific powers

27. The Minister of Municipal Affairs and Housing may make regulations prescribing matters for the purposes of subsection 12 (4). 2006, c. 11, Sched. A, s. 27.

Regulations re delegation

28. The Minister of Municipal Affairs and Housing may make regulations,

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

(b) prescribing Acts for the purposes of subsection 21 (2);

PART III
GENERAL POWERS: LIMITS AND ADDITIONS

Highways

Definitions

29. In sections 30 to 55,

“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 Crown in right of Ontario. (“voie publique provinciale”) 2006, c. 11, Sched. A, s. 29.

Provincial highways

30. Except as otherwise provided in this Act, sections 31 to 55 do not apply to a provincial highway. 2006, c. 11, Sched. A, s. 30.

What constitutes highway

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

1. All highways of the City that existed on the day before this section comes into force.

2. All highways established by city by-law on or after January 1, 2003.

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

4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision in the City. 2006, c. 11, Sched. A, s. 31.

By-laws

32. (1) Except as otherwise provided in this Act, the City may pass by-laws in respect of only those highways over which it has jurisdiction. 2006, c. 11, Sched. A, s. 32 (1).

Joint jurisdiction

(2) If a highway is under the joint jurisdiction of the City and one or more other municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway. 2006, c. 11, Sched. A, s. 32 (2).

Jurisdiction re highways

33. 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, the City has jurisdiction or joint jurisdiction, as the case may be, over the following highways:

1. All highways over which the City had jurisdiction or joint jurisdiction the day before this section comes into force.

2. All highways established by city by-law on or after January 1, 2003.

3. All highways transferred to the City under the Public Transportation and Highway Improvement Act or any other Act.

4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision. 2006, c. 11, Sched. A, s. 33.

Boundary lines

34. (1) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a highway forms the boundary line between the City and another local municipality, the City and the other municipality have joint jurisdiction over the highway. 2006, c. 11, Sched. A, s. 34 (1).

Joint jurisdiction, bridges

(2) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a bridge joins a highway under the jurisdiction of the City to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities. 2006, c. 11, Sched. A, s. 34 (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 the City or the other boundary municipality, the highway is deemed to be the boundary line between the City and the other municipality for the purposes of determining jurisdiction over the highway. 2006, c. 11, Sched. A, s. 34 (3).

Agreement re boundary line

35. (1) If the City and another municipality 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. 2006, c. 11, Sched. A, s. 35 (1).

Effect

(2) If the City and another municipality 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 municipality which no longer has jurisdiction is relieved from all liability in respect of the repair of that part. 2006, c. 11, Sched. A, s. 35 (2).

Ownership of highway

36. The City owns a highway over which it has jurisdiction, subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person. 2006, c. 11, Sched. A, s. 36.

Establishing highways

By by-law

37. (1) Land may only become a highway of the City on or after January 1, 2003 by virtue of a by-law establishing the highway and not by the activities of the City or any other person in relation to the land, including the spending of public money. 2006, c. 11, Sched. A, s. 37 (1).

Certain highways not affected

(2) Subsection (1) does not apply to highways described in paragraphs 3 and 4 of section 33. 2006, c. 11, Sched. A, s. 37 (2).

Exclusion

(3) Section 42 does not apply to the following highways until the City has passed a by-law assuming the highway for public use:

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. 2006, c. 11, Sched. A, s. 37 (3).

Other exclusions

(4) Section 42 does not apply to a highway laid out or built by any person before January 1, 2003 unless the highway was assumed for public use by the City or it has been established by by-law. 2006, c. 11, Sched. A, s. 37 (4).

Widening highways

(5) If the City acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening. 2006, c. 11, Sched. A, s. 37 (5).

Highway closing procedures

38. (1) A city 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. 11, Sched. A, s. 38 (1).

Consent

(2) A city 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. 11, Sched. A, s. 38 (2).

Removing and restricting common law right of passage

39. (1) Without limiting sections 7 and 8, those sections authorize the City to remove or restrict 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. 11, Sched. A, s. 39 (1).

(2) Repealed: 2006, c. 32, Sched. B, s. 9.

Conveyance of closed highway

40. If the City permanently closes a highway, the City shall not convey the land forming the highway without the consent of the Ministry of Natural Resources if the land is covered with water. 2006, c. 11, Sched. A, s. 40.

Restriction re toll highways

41. The City does not have the power to designate, operate and maintain a highway as a toll highway until a regulation is made under section 116 that applies to the proposed toll highway. 2006, c. 11, Sched. A, s. 41.

Maintenance of highways and bridges

42. (1) The City shall keep a highway or bridge over which it has jurisdiction in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge. 2006, c. 11, Sched. A, s. 42 (1).

Liability

(2) If the City defaults in complying with subsection (1), the City is, subject to the Negligence Act, liable for all damages any person sustains because of the default. 2006, c. 11, Sched. A, s. 42 (2).

Defence

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

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

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

(c) at the time the cause of action arose, minimum standards established by a regulation made under section 117 applied to the highway or bridge and to the alleged default and those standards have been met. 2006, c. 11, Sched. A, s. 42 (3).

Untravelled portions of highway

(4) No action shall be brought against the City 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. 2006, c. 11, Sched. A, s. 42 (4).

Sidewalks

(5) Except in case of gross negligence, the City is not liable for a personal injury caused by snow or ice on a sidewalk. 2006, c. 11, Sched. A, s. 42 (5).

Notice

(6) 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 city clerk; or

(b) if the claim is against the City and one or more municipalities jointly responsible for the repair of the highway or bridge, the city clerk and the clerk of each of the other municipalities. 2006, c. 11, Sched. A, s. 42 (6).

Exception

(7) 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. 2006, c. 11, Sched. A, s. 42 (7).

Same

(8) 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 City is not prejudiced in its defence. 2006, c. 11, Sched. A, s. 42 (8).

No responsibility for acts of others

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

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

(b) the power under which the person acted was a by-law, resolution or licence of the City. 2006, c. 11, Sched. A, s. 42 (9).

No liability

(10) The City 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. 2006, c. 11, Sched. A, s. 42 (10).

Nuisance

43. Subsections 42 (4) to (10) apply to an action brought against the City for damages that result from the presence of any nuisance on a highway. 2006, c. 11, Sched. A, s. 43.

Naming private roads

44. The City may name or change the name of a private road after giving public notice of its intention to pass the by-law. 2006, c. 11, Sched. A, s. 44.

Restriction, motor vehicles

45. (1) The City shall not establish 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. 2006, c. 11, Sched. A, s. 45.

Power to pass by-laws not affected

(2) Subsection (1) does not limit or prohibit the passing of a by-law under Part X (Power to Impose Taxes); however, such a by-law cannot prohibit or regulate the driving of a vehicle on a highway and, for greater certainty, it cannot establish a requirement that must be met before a vehicle can be driven on a highway. 2009, c. 33, Sched. 21, s. 4 (1).

Same

(3) A by-law under Part X (Power to Impose Taxes) is deemed not to contravene subsection (2) by reason only of the Province taking any action on behalf of the City with respect to the administration, enforcement or collection of the tax imposed by the by-law. 2009, c. 33, Sched. 21, s. 4 (1).

Restriction, farming vehicles

46. (1) Subject to subsection (2), the City does not have the power to pass a by-law 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 City. 2006, c. 11, Sched. A, s. 46 (1).

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. 2006, c. 11, Sched. A, s. 46 (2).

Entry on land, snow fences

47. Despite section 15, the City may, at any reasonable time, enter upon any land within the City 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. 2006, c. 11, Sched. A, s. 47.

Entry on land, naming highways

48. (1) The City 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. 2006, c. 11, Sched. A, s. 48 (1).

Private roads

(2) If the City has passed a by-law under section 44 to name or change the name of a private road, the City 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. 2006, c. 11, Sched. A, s. 48 (2).

Entry on land, tree trimming

49. (1) The City 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 City, the trees or branches pose a danger to the health or safety of any person using the highway. 2006, c. 11, Sched. A, s. 49 (1).

Immediate danger

(2) An employee or an agent of the City 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. 2006, c. 11, Sched. A, s. 49 (2).

Application to court

50. (1) The City 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 City 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. 2006, c. 11, Sched. A, s. 50 (1).

Order

(2) Upon application by the City 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 City 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. 2006, c. 11, Sched. A, s. 50 (2).

Impounding of objects, vehicles on highway

51. (1) If the City 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. 11, Sched. A, s. 51 (1).

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 City. 2006, c. 11, Sched. A, s. 51 (2).

Entry on land

(3) The City may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1). 2006, c. 11, Sched. A, s. 51 (3).

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 City and may be sold and the proceeds shall form part of the general funds of the City. 2006, c. 11, Sched. A, s. 51 (4).

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 City upon removal and may be destroyed or given to a charitable institution. 2006, c. 11, Sched. A, s. 51 (5).

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. 11, Sched. A, s. 51 (6).

Amount added to tax roll

51.1 (1) If the City passes a by-law for leasing the untravelled portion of a highway to the owner or occupant of land abutting the highway, amounts payable pursuant to the lease may be added to the tax roll and collected in the same manner as municipal taxes. 2006, c. 32, Sched. B, s. 10.

Exception

(2) Subsection (1) does not apply to an amount payable if it is a fee or charge to which section 264 applies. 2006, c. 32, Sched. B, s. 10.

Mistakes

52. (1) If, before January 1, 2003, the City by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway is deemed to have been expropriated by the City 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. 2006, c. 11, Sched. A, s. 52 (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. 2006, c. 11, Sched. A, s. 52 (2).

Highways not opened on original road allowance

53. (1) If, before January 1, 2003, a highway was opened by the City 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 City, 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. 2006, c. 11, Sched. A, s. 53 (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. 2006, c. 11, Sched. A, s. 53 (2).

Person in possession

54. (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. 2006, c. 11, Sched. A, s. 54 (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. 2006, c. 11, Sched. A, s. 54 (2).

Condition

(3) This section only applies if the highway has been established by city by-law or otherwise assumed for public use by the City and if, in the opinion of city council, the original road allowance is not needed by the City. 2006, c. 11, Sched. A, s. 54 (3).

Enclosed road allowance

55. (1) If, on December 12, 2001, 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 is deemed, as against every person except the City, 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. 2006, c. 11, Sched. A, s. 55 (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. 2006, c. 11, Sched. A, s. 55 (2).

Transportation

Passenger transportation systems

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

1. Vehicles used for sightseeing tours.

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

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

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

5. Taxicabs.

6. Railway systems of railway companies incorporated under federal or provincial statutes. 2006, c. 11, Sched. A, s. 56 (1).

Same

(2) The City may,

(a) by by-law provide that no person except the City shall establish, operate and maintain within the City all or any part of a passenger transportation system of a type that the City is authorized to provide; and

(b) despite section 82 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 within the City all or any part of a passenger transportation system of a type that the City is authorized to provide, and to do so under such conditions as the City provides, including a condition that the City pay any deficit incurred by the person in establishing, operating or maintaining the system. 2006, c. 11, Sched. A, s. 56 (2).

Deficit

(3) If the City incurs a deficit in establishing, operating or maintaining its own passenger transportation system or if the City enters into an agreement under clause (2) (b) to pay a deficit incurred by another person in establishing, operating or maintaining such a system, the City 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. 2006, c. 11, Sched. A, s. 56 (3).

Rights unaffected

(4) 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. 2006, c. 11, Sched. A, s. 56 (4).

Existing rights

(5) 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. 2006, c. 11, Sched. A, s. 56 (5).

Toronto Islands, ferry service

57. Despite this Act, the City may establish, operate and maintain a ferry service providing access to the Toronto Islands and a bus transportation system on the Toronto Islands. 2006, c. 11, Sched. A, s. 57.

Geographic jurisdiction for passenger transportation systems, etc.

58. The whole of Steeles Avenue where it is the boundary of the City is deemed to be part of the City,

(a) for the purposes of the City or the TTC exercising powers with respect to a passenger transportation system; and

(b) for the purposes of the Public Vehicles Act and the Truck Transportation Act, and the regulations with respect to registration fees under the Highway Traffic Act. 2006, c. 11, Sched. A, s. 58.

Operating outside City

59. Despite section 15 and subject to the Public Vehicles Act, the City may exercise its powers with respect to a bus passenger transportation system and a ferry transportation system in the City and between any point within the City and any point outside the City, including outside Ontario, if the City does so for its own purposes in whole or in part. 2006, c. 11, Sched. A, s. 59; 2006, c. 32, Sched. B, s. 11.

Extra-territorial power

59.1 Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers in relation to airports within the City, in another municipality or in unorganized territory. 2006, c. 32, Sched. B, s. 12.

Waste Management

Power exercised outside of boundaries

60. Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers with respect to waste management in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 60.

Entry and inspection

61. (1) For the purpose of obtaining information that the City considers necessary for the City 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 City may, at reasonable times, enter on and inspect any land, including conducting tests of the land and removing samples or extracts. 2006, c. 11, Sched. A, s. 61 (1).

Restriction

(2) Subsection (1) does not allow the City to enter any building. 2006, c. 11, Sched. A, s. 61 (2).

Public Utilities

Entry on land

62. (1) For the purposes of providing a water public utility, the City may, at any reasonable time, subject to section 15 and despite section 32, enter on highways in or outside of the City to install, construct and maintain pipes and other works for the distribution of water without the consent of the body which owns the highway. 2006, c. 11, Sched. A, s. 62 (1).

Entry on highways

(2) For the purposes of providing a public utility, other than a water public utility, the City may, at any reasonable time, despite section 32, enter on highways in the City to install, construct and maintain pipes, wires, poles, equipment, machinery and other works without the consent of the body which owns the highway. 2006, c. 11, Sched. A, s. 62 (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. 2006, c. 11, Sched. A, s. 62 (3).

Entry into buildings, etc.

63. (1) If the City 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 City 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. 2006, c. 11, Sched. A, s. 63 (1).

Entry on common passages

(2) If the City 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 City 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. 2006, c. 11, Sched. A, s. 63 (2).

Entry on land served by public utility

64. (1) The City 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. 2006, c. 11, Sched. A, s. 64 (1).

Reduced supply

(2) For the purposes of subsection (1), the City may shut off or reduce the supply of the public utility to the land. 2006, c. 11, Sched. A, s. 64 (2).

Entry on land, discontinuance of utility

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

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

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

Shut-off of public utility

65. (1) Without limiting sections 7 and 8, those sections authorize the City to shut off the supply of a public utility by the City 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. 2006, c. 11, Sched. A, s. 65 (1).

Additional power

(2) In addition to the power under subsection (1), the City 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. 2006, c. 11, Sched. A, s. 65 (2).

Notice

(3) Despite subsections (1) and (2), the City 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. 2006, c. 11, Sched. A, s. 65 (3).

Recovery of fees

(4) The City may recover all fees and charges payable despite shutting off the supply of the public utility. 2006, c. 11, Sched. A, s. 65 (4).

No liability for damages re public utilities

66. (1) The City is not liable for damages caused by the interruption or reduction of the amount of a public utility supplied to the City 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. 2006, c. 11, Sched. A, s. 66 (1).

Allocation

(2) If the supply of a public utility to the City is interrupted or reduced, the City may allocate the available public utility among its customers. 2006, c. 11, Sched. A, s. 66 (2).

Effect

(3) Nothing done under subsection (2) is 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. 2006, c. 11, Sched. A, s. 66 (3).

Security for payment

67. Without limiting sections 7 and 8, those sections authorize the City, as a condition of supplying or continuing to supply a public utility, to 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. 2006, c. 11, Sched. A, s. 67.

Exemption from seizure

68. Personal property of the City 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. 2006, c. 11, Sched. A, s. 68.

Mandatory supply

69. (1) Despite section 15, the City shall supply a building with a water or sewage public utility if,

(a) the building lies along a supply line of the City 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. 2006, c. 11, Sched. A, s. 69 (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. 2006, c. 11, Sched. A, s. 69 (2).

Entry on land re sewage systems

70. The City may enter on land, at reasonable times, to inspect the discharge of any matter into the sewage system of the City or into any other sewage system the contents of which ultimately empty into the sewage system of the City and may conduct tests and take samples for this purpose. 2006, c. 11, Sched. A, s. 70.

Exemption from levy

71. (1) Despite section 3 of the Assessment Act, land that is exempt from taxation under that Act is not exempt from a special local municipality levy of the City under section 277 for raising costs related to sewage works or water works. 2006, c. 11, Sched. A, s. 71 (1).

Exemption by City

(2) Despite subsection (1), the City may exempt any class of land from all or part of the levy described in that subsection. 2006, c. 11, Sched. A, s. 71 (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 the City has imposed a tax or fee to raise costs related to sewage works or water works, the City may impose the tax or fee on each new parcel. 2006, c. 11, Sched. A, s. 71 (3).

Easements, public utilities

Definition

72. (1) In this section,

“public utility” includes a street lighting system and a transportation system. 2006, c. 11, Sched. A, s. 72 (1).

Easement

(2) An easement of a public utility provided by the City does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid. 2006, c. 11, Sched. A, s. 72 (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 city public utility constructed on land before June 21, 1990 with the consent or acquiescence of the owner of the land. 2006, c. 11, Sched. A, s. 72 (3).

Interference with utilities

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

(a) the City consents; or

(b) the interference is authorized by a court order under this section. 2006, c. 11, Sched. A, s. 72 (4).

Court orders with respect to utilities

(5) A person who has an interest in land where part of a City 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 City public utility if the use of the land by the person is substantially affected. 2006, c. 11, Sched. A, s. 72 (5).

Notice

(6) A person making an application for an order under subsection (5) shall give the City 90 days notice of the application or such other notice as the court may direct. 2006, c. 11, Sched. A, s. 72 (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. 2006, c. 11, Sched. A, s. 72 (7).

Stay of orders

(8) The court shall stay an order under subsection (5) at the request of the City for such time as the court determines to allow the City to acquire an interest in land to accommodate the part of its public utility that is subject to the order. 2006, c. 11, Sched. A, s. 72 (8).

Right to repair utilities

(9) Subject to any court order under this section, the City may enter upon any land to repair and maintain its public utilities. 2006, c. 11, Sched. A, s. 72 (9).

Utilities located by mistake

(10) If, before June 21, 1990, the City located a part of a city public utility where it had no right to do so in the mistaken belief that the part was being located on a road allowance of the City or of another municipality, the City is 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. 2006, c. 11, Sched. A, s. 72 (10).

Offence

(11) Every person who knowingly contravenes subsection (4) is guilty of an offence. 2006, c. 11, Sched. A, s. 72 (11).

Non-municipal public utilities

73. (1) Except as otherwise provided, no person shall construct, maintain or operate a water or sewage public utility in the City without first obtaining the consent of the City. 2006, c. 11, Sched. A, s. 73 (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. 2006, c. 11, Sched. A, s. 73 (2).

Culture, Parks, Recreation and Heritage

Power may be exercised outside municipality

74. Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers with respect to culture, parks, recreation and heritage in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 74.

Removal and impounding of vehicles, etc., in parks

74.1 (1) Subject to subsection (2), this section applies if a by-law of the City has been passed for prohibiting the parking, standing, stopping or placing in a park under the jurisdiction of the City of any object or vehicle that is used to sell or display anything and that obstructs pedestrians, unless,

(a) the owner of the object or vehicle holds a valid permit issued by the City granting the exclusive use of a designated area within the park; and

(b) the by-law or another by-law of the City has designated the park or the area of the park as a removal zone. 2006, c. 32, Sched. B, s. 13.

Signs required

(2) A by-law under subsection (1) is not effective in respect of a particular removal zone unless signs are erected to indicate the removal zone. 2006, c. 32, Sched. B, s. 13.

Enforcement

(3) A police officer or municipal by-law enforcement officer or any person authorized by by-law to enforce a by-law under subsection (1) who has reason to believe that any object or vehicle is parked, standing, stopped or placed in a removal zone in contravention of the by-law may, if no valid permit issued under the by-law is produced upon request, cause the object or vehicle to be moved or taken to and placed or stored in a suitable place. 2006, c. 32, Sched. B, s. 13.

Costs

(4) Subject to subsections (5) and (6), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon the object or vehicle which may be enforced by the City under the Repair and Storage Liens Act. 2006, c. 32, Sched. B, s. 13.

Proceeds to City

(5) Any object or vehicle, other than a motor vehicle, removed and stored in accordance with subsection (3) and not claimed by the owner within 60 days is the property of the City and may be sold and the proceeds shall form part of the general funds of the City. 2006, c. 32, Sched. B, s. 13.

Perishables

(6) Despite subsection (5), any perishable object or refreshment is the property of the City upon being moved from the removal zone in accordance with subsection (3) and at any time thereafter may be destroyed or given to a charitable institution. 2006, c. 32, Sched. B, s. 13.

Exception

(7) Subsection (6) 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. B, s. 13.

Drainage and Flood Control

Drainage and flood control

75. Despite section 15, the City may, for the purpose of preventing damage to property in the City as a result of flooding, exercise its powers with respect to drainage and flood control in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 75.

Entry on land to inspect

76. The City 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. 2006, c. 11, Sched. A, s. 76.

Parking

Impounding vehicles parked

77. (1) If the City passes a by-law for 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. 11, Sched. A, s. 77 (1).

Entry on land

(2) The City may enter on land, at reasonable times, for the purposes described in subsection (1). 2006, c. 11, Sched. A, s. 77 (2).

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 is deemed to have been parked or left without consent. 2006, c. 11, Sched. A, s. 77 (3).

Parking lots

78. (1) If the City passes a by-law for regulating or prohibiting the parking or leaving of motor vehicles on land not owned or occupied by the City without the consent of the owner of the land or regulating or prohibiting traffic on that land, the City may enforce the by-law on the land but only if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition. 2006, c. 11, Sched. A, s. 78 (1).

Same

(2) This section applies to land used as a parking lot and not to any other land. 2006, c. 11, Sched. A, s. 78 (2).

Evidence re enforcement of parking by-laws

79. (1) If it is alleged in a proceeding that a by-law under section 77 or 78 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

(2) Written evidence under subsection (1) shall be admitted without notice under the Evidence Act. 2006, c. 11, Sched. A, s. 79 (2).

Accessible parking permits

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

Same

(2) If the City passes a by-law requiring 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 motor vehicles displaying an accessible parking permit, the City,

(a) shall prescribe the conditions of use of the accessible parking permit and shall prohibit the improper use of the permit; and

(b) despite section 78, may provide for the removal and impounding of any motor vehicle, at its 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. 11, Sched. A, s. 80 (2); 2009, c. 33, Sched. 26, s. 1 (2).

Administrative penalties, parking by-laws

81. (1) Without limiting sections 7 and 8, those sections authorize the City to require a person to pay an administrative penalty if the City is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles. 2006, c. 11, Sched. A, s. 81 (1).

Limitation

(2) Despite subsection (1), the City 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 section 118. 2006, c. 11, Sched. A, s. 81 (2).

Economic Development

Assistance prohibited

82. (1) Despite this or any other Act, the City shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2006, c. 11, Sched. A, s. 82 (1).

Same

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

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

(b) guaranteeing borrowing;

(d) giving a total or partial exemption from any levy, charge or fee. 2006, c. 11, Sched. A, s. 82 (2).

Exception

(3) Subsection (1) does not apply to city council’s exercise of its authority under subsection 28 (6) or (7) of the Planning Act or under section 333 of this Act. 2006, c. 11, Sched. A, s. 82 (3).

General power to make grants

83. (1) Despite any provision of this or any other Act relating to the giving of grants or aid by the City, subject to section 82, the City 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 City for any purpose that council considers to be in the interests of the City. 2006, c. 11, Sched. A, s. 83 (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 City upon such terms as may be fixed by council;

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

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

(f) to make donations of foodstuffs and merchandise purchased by the City for that purpose. 2006, c. 11, Sched. A, s. 83 (2).

Small business counselling

84. (1) Without limiting sections 7 and 8 and despite section 82, sections 7 and 8 authorize the City to provide for the establishment of a counselling service to small businesses operating or proposing to operate in the City. 2006, c. 11, Sched. A, s. 84 (1).

Small business programs

(2) Without limiting sections 7 and 8, those sections authorize the City to do the following things in order to encourage the establishment and initial growth of small businesses or any class of them in the City:

1. To establish and maintain programs for that purpose.

2. To participate in programs administered by the Crown in right of Ontario. 2006, c. 11, Sched. A, s. 84 (2).

Permitted actions

(3) Without limiting sections 7 and 8, those sections authorize the City to do the following for the purposes of a program referred to in subsection (2):

1. To 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 82, to make grants to corporations described in paragraph 4.

3. To lease land to small businesses included in a program.

4. To enter into leases of land and other agreements related to the program with a corporation without share capital established by the City in accordance with section 148 for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the City.

5. To sell, lease or otherwise dispose of any personal property of the City 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. To provide for the use of the services of any city employee by an eligible small business or by a corporation described in paragraph 4.

7. To establish a city board under this Act to administer a program or to administer the City’s participation in a program referred to in subsection (2).

8. To appoint one or more of the directors of a corporation described in paragraph 4. 2006, c. 11, Sched. A, s. 84 (3).

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. 11, Sched. A, s. 84 (4).

Same

(5) A corporation described in paragraph 4 of subsection (3) that leases any building or structure from the City shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2). 2006, c. 11, Sched. A, s. 84 (5).

Availability of assistance

(6) Despite section 82, 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. 11, Sched. A, s. 84 (6).

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. 11, Sched. A, s. 84 (7).

Local board

(8) The power of the City 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 city board described in paragraph 7 of subsection (3), despite section 20. 2006, c. 11, Sched. A, s. 84 (8).

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. 11, Sched. A, s. 84 (9).

Licences

Definition

85. In sections 86 to 96,

“business” means any business wholly or partly carried on within the City even if the business is being carried on from a location outside the City 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. 11, Sched. A, s. 85.

Powers re licences

86. (1) Without limiting sections 7 and 8, those sections authorize the City to provide for a system of licences with respect to a business and,

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

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

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

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

(g) to require, subject to such conditions as the City considers appropriate, a person to pay an administrative penalty if the City is satisfied that the person has failed to comply with any part of a system of licences established by the City. 2006, c. 11, Sched. A, s. 86 (1).

Power to suspend a licence

(2) Without limiting sections 7 and 8, for the purpose of clause (1) (b), if the City 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 City 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 City 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. 11, Sched. A, s. 86 (2).

Same

(3) Despite subsection (2) and without limiting sections 7 and 8, for the purpose of clause (1) (b), the City 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 City 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. 11, Sched. A, s. 86 (3); 2006, c. 32, Sched. B, s. 14 (1).

Exercise of power

(4) The exercise of a power under clause (1) (b), (d), (e) or (g) is in the discretion of the City, and the City 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. 11, Sched. A, s. 86 (4).

Application re system of licences

(5) This section applies with necessary modifications to a system of licences with respect to any activity, matter or thing as if it were a system of licences with respect to a business. 2006, c. 32, Sched. B, s. 14 (2).

Conflicts re licensing power

87. If there is a conflict between a provision in this Act and a provision of any other Act authorizing the City to license a business, the section that is less restrictive of the City’s power prevails. 2006, c. 11, Sched. A, s. 87.

Other licensing powers

88. Sections 7, 8 and 85 to 94 apply, with necessary modifications, to the City in the exercise of a power to pass by-laws licensing businesses under any other section of this Act or any other Act. 2006, c. 11, Sched. A, s. 88; 2006, c. 32, Sched. B, s. 15.

Restriction re systems of licences

89. (1) The City shall not, under paragraph 11 of subsection 8 (2), provide 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. 11, Sched. A, s. 89 (1).

Same

(2) Nothing in subsection (1) prevents the City from providing for a system of licences under any authority other than paragraph 11 of subsection 8 (2) for a business. 2006, c. 11, Sched. A, s. 89 (2).

Limitation re location of business

90. (1) Despite sections 7 and 8, the City 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. 11, Sched. A, s. 90 (1).

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. 11, Sched. A, s. 90 (2).

Continuation

(3) Despite subsection (2), the City 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. 11, Sched. A, s. 90 (3).

Reciprocal licensing arrangement

91. (1) If the City and the police services board of the City 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 service board or another body performing a public function prescribed by the Minister, the City 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. B, s. 16 (1).

Delegation

(2) The City 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 7, 8 and 85 to 96 apply with necessary modifications to the other municipality. 2006, c. 11, Sched. A, s. 91 (2); 2006, c. 32, Sched. B, s. 16 (2).

Restrictions re adult entertainment establishments

92. (1) Without limiting sections 7 and 8, a by-law under those sections with respect to adult entertainment establishments may,

(a) despite section 90, define the area of the City 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;

(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. 11, Sched. A, s. 92 (1).

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, but does not include 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. 11, Sched. A, s. 92 (2).

Power of entry

(3) Despite subsection 376 (1), the City may exercise its administrative power of entry under section 376 at any time of the day or night to enter an adult entertainment establishment. 2006, c. 11, Sched. A, s. 92 (3).

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. 11, Sched. A, s. 92 (4).

Licensing tow trucks, etc.

93. Without limiting sections 7 and 8, a by-law under those sections 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 City or from any point in the City to any point outside the City; and

(b) provide for the collection of the rates or fares charged for the conveyance. 2006, c. 11, Sched. A, s. 93.

Licensing taxicabs

94. (1) Without limiting sections 7 and 8, a by-law under those sections with respect to the owners and drivers of taxicabs may,

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

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

Restriction

(2) A by-law made under paragraph 11 of subsection 8 (2) 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 City to any point outside the City.

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. 11, Sched. A, s. 94 (2); 2006, c. 32, Sched. B, s. 17.

Restrictions re trailers and trailer camps

95. (1) If the City licenses trailers in the City, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act. 2006, c. 11, Sched. A, s. 95 (1).

Trailer camps

(2) If the City licenses trailer camps under paragraph 11 of subsection 8 (2) 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. 11, Sched. A, s. 95 (2).

Definition

(3) In this section,

“trailer camp” means any land on which a trailer is kept. 2006, c. 11, Sched. A, s. 95 (3).

Restrictions re group homes

96. (1) The City shall not pass by-laws under paragraph 11 of subsection 8 (2) providing for a system of licences for group homes unless there is in effect in the City a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the City. 2006, c. 11, Sched. A, s. 96 (1).

Same

(2) A by-law under paragraph 11 of subsection 8 (2) providing for a system of licences 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 City such information as the City considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant. 2006, c. 11, Sched. A, s. 96 (2).

Closing of Business Establishments

Closing of business establishments

97. (1) Without limiting sections 7 and 8, those sections authorize the City to require business establishments to be closed to the public at any time. 2006, c. 11, Sched. A, s. 97 (1).

Same

(2) Despite subsection (1), a by-law described in that subsection applies to only those premises where goods or services are sold or offered for sale by retail. 2006, c. 11, Sched. A, s. 97 (2).

Exemptions

(3) The by-law 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;

(a.1) liquor under the authority of a licence or permit issued under the Liquor Licence Act; and

(b) any other prescribed goods or services. 2006, c. 11, Sched. A, s. 97 (3); 2006, c. 32, Sched. B, s. 18.

Health, Safety and Well-Being

Smoking in public places, etc.

98. (1) This section applies to a city by-law to prohibit or regulate the smoking of tobacco in public places and workplaces. 2006, c. 11, Sched. A, s. 98 (1).

Crown bound

(2) The by-law binds the Crown. 2006, c. 11, Sched. A, s. 98 (2).

Restriction

(3) The by-law shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway. 2006, c. 11, Sched. A, s. 98 (3).

Scope of by-law

(4) The by-law may,

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

(b) 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. 2006, c. 11, Sched. A, s. 98 (4).

Conflicts

(5) Despite section 11, if there is a conflict between a provision of any Act or regulation and a provision of the by-law, the provision that is the most restrictive of the smoking of tobacco prevails. 2006, c. 11, Sched. A, s. 98 (5).

Definitions

(6) In this section,

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

“workplace” includes a public transportation vehicle and a taxicab. (“lieu de travail”) 2006, c. 11, Sched. A, s. 98 (6).

Entry on land re emergency communication system

99. For the purposes of establishing, maintaining and operating a centralized communication system for emergency response purposes, the City may at any reasonable time enter upon land to affix numbers to buildings or erect signs setting out numbers on land. 2006, c. 11, Sched. A, s. 99.

Pits and quarries

100. A city by-law prohibiting or regulating the operation of pits and quarries does not apply to a pit or 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. 2006, c. 11, Sched. A, s. 100.

Repairs or alterations, authorized entry

101. (1) The City 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. 2006, c. 11, Sched. A, s. 101 (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. 2006, c. 11, Sched. A, s. 101 (2).

Fortification of land

102. (1) This section applies to a city by-law,

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

(b) prohibiting the excessive fortification of land or excessive protective elements being applied to land in relation to the use of the land. 2006, c. 11, Sched. A, s. 102 (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”) 2006, c. 11, Sched. A, s. 102 (2).

By-law and building code

(3) 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. 2006, c. 11, Sched. A, s. 102 (3); 2009, c. 33, Sched. 21, s. 4 (2).

Conflict

(4) 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. 2006, c. 11, Sched. A, s. 102 (4); 2009, c. 33, Sched. 21, s. 4 (3).

Period for compliance for existing fortifications

(5) If the City makes an order to do work under subsection 385 (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. 11, Sched. A, s. 102 (5).

Conveyance of prisoners

103. If the attendance of a prisoner in a correctional institution is required at a hearing or proceeding and if the City was responsible for delivering the prisoner to the correctional institution, the City is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner’s return. 2006, c. 11, Sched. A, s. 103.

Natural Environment

Trees

104. (1) This section applies to a city by-law prohibiting or regulating the destruction or injuring of trees. 2006, c. 11, Sched. A, s. 104 (1).

Same

(2) In passing a by-law prohibiting or regulating the destruction or injuring of trees in woodlands, the City shall have regard to good forestry practices as defined in the Forestry Act. 2006, c. 11, Sched. A, s. 104 (2).

Exception from by-law

(3) The by-law does not apply to,

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

(b) 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;

(c) 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;

(c.1) the injuring or destruction of trees imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area;

(d) 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;

(e) 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;

(f) 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

(g) 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. 2006, c. 11, Sched. A, s. 104 (3); 2006, c. 32, Sched. B, s. 19; 2009, c. 33, Sched. 21, s. 4 (4).

Definition

(4) In this section,

“woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area. 2006, c. 11, Sched. A, s. 104 (4).

Site alteration

105. (1) This section applies to a city by-law with respect to prohibiting or regulating,

(a) the placing or dumping of fill;

(b) the removal of topsoil; or

Exemptions

(2) The by-law does not apply to,

(a) 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;

(a.1) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area;

(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 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;

(c) 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;

(d) 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;

(e) 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;

(f) 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. 2006, c. 11, Sched. A, s. 105 (2); 2006, c. 32, Sched. B, s. 20.

Exceptions

(3) The 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. 2006, c. 11, Sched. A, s. 105 (3).

Exclusion

(4) The exception described in subsection (3) 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. 2006, c. 11, Sched. A, s. 105 (4).

By-law ceases to have effect

(5) 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. 2006, c. 11, Sched. A, s. 105 (5).

Definition

(6) 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. 2006, c. 11, Sched. A, s. 105 (6).

Power of entry re: dangerous trees

105.1 (1) The City may enter on land, without notice to the owner, tenant or occupant of the land, to inspect a tree located on the land that, in the opinion of the City, is in a condition creating an immediate danger to persons or property. 2006, c. 32, Sched. B. s. 21.

Elimination of immediate danger

(2) If, upon inspection under subsection (1) or under subsection 375 (1) in respect of a by-law described in subsection (3), a tree on the land appears, in the opinion of the City, to be in a condition creating an immediate danger to persons or property, the City may enter on the land after making reasonable efforts to notify the owner, tenant or occupant of the land and remove the tree or otherwise eliminate the condition creating the immediate danger. 2006, c. 32, Sched. B. s. 21.

Subject of by-law

(3) A by-law for the purpose of subsection (2) is a by-law requiring owners or persons in charge of any premises to remove decayed, damaged or dangerous trees or branches that pose a danger to persons or property. 2006, c. 32, Sched. B. s. 21.

Lien

(4) Any amount spent by the City in doing what is authorized under subsection (2), together with interest at a rate to be determined by the City, is payable to the City and shall have priority lien status, and the certificate of the city clerk as to the amount is final. 2006, c. 32, Sched. B. s. 21.

Added to tax roll

(5) The amount payable to the City may be added to the tax roll to be collected in one year or to be collected in instalments over a period of not more than five years. 2006, c. 32, Sched. B. s. 21.

General provision not applicable

(6) Paragraphs 4 and 5 of subsection 375 (1) do not apply to the powers of entry under this section. 2006, c. 32, Sched. B. s. 21.

Registration of agreements respecting ravines

105.2 (1) An agreement described in subsection (2) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2006, c. 32, Sched. B. s. 21.

Same

(2) Subsection (1) applies to an agreement that the City has entered into with the owner of land, under a City by-law, as a condition of a consent to destroy trees or other natural vegetation on a ravine, to excavate, grade or otherwise alter in elevation or contour any ravine or to provide facilities for and methods of disposal of storm, surface and waste water from any ravine and from any buildings or structures on the ravine and that deals with,

(a) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the land of the owner or the protection of adjoining lands; or

(b) grading or alteration in elevation or contour of the land of the owner and the provision of facilities for and methods of disposal of storm, surface and waste water from the land and from any building or structure on the land. 2006, c. 32, Sched. B. s. 21.

Animals

Impounding animals

106. If the City 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;

(b) the sale of impounded animals,

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

(ii) if the expenses of the City 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. 2006, c. 11, Sched. A, s. 106.

Muzzling of dogs

107. (1) If the City requires the muzzling of a dog under any circumstances, city council 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. 2006, c. 11, Sched. A, s. 107 (1).

Conditions

(2) An exemption may be granted subject to such conditions as council considers appropriate. 2006, c. 11, Sched. A, s. 107 (2).

Request does not stay requirement

(3) A request of the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirement. 2006, c. 11, Sched. A, s. 107 (3).

Structures, Including Fences and Signs

Construction of green roofs or alternative roof surfaces

108. (1) Without limiting sections 7 and 8, those sections authorize the City to pass a by-law requiring and governing the construction of green roofs or of alternative roof surfaces that achieve similar levels of performance to green roofs if the provisions of the by-law do not conflict with the provisions of a regulation made under the Building Code Act, 1992 respecting public health and safety, fire protection, structural sufficiency, conservation and environmental protection and the requirements respecting barrier-free access. 2006, c. 11, Sched. A, s. 108 (1); 2006, c. 32, Sched. B, s. 22 (1); 2009, c. 33, Sched. 21, s. 4 (5).

Same

(2) A by-law under subsection (1) prevails over a regulation made under the Building Code Act, 1992, despite section 35 of that Act. 2006, c. 11, Sched. A, s. 108 (2); 2006, c. 32, Sched. B, s. 22 (2).

Definition

(3) For the purposes of subsection (1),

“green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation. 2006, c. 11, Sched. A, s. 108 (3).

Repeal

(4) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2006, c. 11, Sched. A, s. 108 (4).

Non-application of Line Fences Act

109. (1) The City may provide that the Line Fences Act does not apply to all or any part of the City. 2006, c. 11, Sched. A, s. 109 (1).

Exclusion

(2) Despite a by-law passed under subsection (1), section 20 of the Line Fences Act continues to apply throughout the City. 2006, c. 11, Sched. A, s. 109 (2).

Advertising devices

110. (1) A City by-law 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. B, s. 23.

Lien for costs and charges

(2) All costs and charges incurred by the City for the removal, care and storage of an advertising device that is erected or displayed in contravention of a City by-law are a lien on the advertising device that may be enforced by the City under the Repair and Storage Liens Act. 2006, c. 32, Sched. B, s. 23.

Disposal costs

(3) All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the City as a debt owed by the owner of the device. 2006, c. 32, Sched. B, s. 23.

Land Use Planning

Demolition and conversion of residential rental properties

111. (1) The City 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. 11, Sched. A, s. 111 (1).

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 City cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units. 2006, c. 11, Sched. A, s. 111 (3).

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. 11, Sched. A, s. 111 (4).

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. 11, Sched. A, s. 111 (5).

Report

(6) The City shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister of Municipal Affairs and Housing and shall do so at the times and in the form and manner specified by the Minister. 2006, c. 11, Sched. A, s. 111 (6).

112. Repealed: 2006, c. 32, Sched. B, s. 24.

Zoning by-laws re area, density and height

113. (1) The authority to regulate provided in paragraph 4 of subsection 34 (1) of the Planning Act includes and, despite the decision of any court, is deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the City or in the area or areas defined in the by-law. 2006, c. 11, Sched. A, s. 113 (1).

Zoning with conditions

(2) If the official plan in effect in the City contains policies relating to zoning with conditions, the City may, in a by-law passed under section 34 of the Planning Act, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location. 2006, c. 11, Sched. A, s. 113 (2).

Same

(2.1) The prescribed conditions referred to in subsection (2) may be made subject to such limitations as may be prescribed. 2006, c. 32, Sched. B, s. 25.

Same

(3) When a prescribed condition is imposed under subsection (2),

(a) the City may require an owner of land to which the by-law applies to enter into an agreement with the City relating to the condition;

(b) the agreement may be registered against the land to which it applies; and

(c) the City may enforce the agreement against the owner and any and all subsequent owners of the land. 2006, c. 11, Sched. A, s. 113 (3).

Notice or public meeting not required

113.1 Despite section 34 of the Planning Act, the City may amend by-laws passed under that section without giving notice to any person and without holding open houses, public meetings or public hearings if the effect of the amending by-law is only to set out the municipal addresses to which the original by-law applies. 2006, c. 32, Sched. B, s. 26.

Front yard parking

Definitions

113.2 (1) In this section,

“front yard” means that portion of private property located between the front wall of a residential building on the property and the abutting public highway; (“cour avant”)

“front yard parking” means the parking of a private passenger motor vehicle or motorcycle in a front yard. (“stationnement en cour avant”) 2006, c. 32, Sched. B, s. 26.

Conflict between by-laws

(2) Despite section 71 of the Planning Act, in the event of a conflict between a by-law passed under sections 7 and 8 authorizing front yard parking and a by-law passed under the Planning Act, or a predecessor of that Act, prohibiting front yard parking, the by-law passed under sections 7 and 8 prevails. 2006, c. 32, Sched. B, s. 26.

Site plan control area

Definition

114. (1) In this section,

“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the Planning Act. 2006, c. 11, Sched. A, s. 114 (1).

Establishment of site plan control area

(2) Where in an official plan an area is shown or described as a proposed site plan control area, the City may, by by-law, designate the whole or any part of such area as a site plan control area. 2006, c. 11, Sched. A, s. 114 (2).

Designation of site plan control area

(3) A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34 of the Planning Act. 2006, c. 11, Sched. A, s. 114 (3).

Consultation

(4) The City,

(a) shall permit applicants to consult with the City before submitting plans and drawings for approval under subsection (5); and

(b) may, by by-law, require applicants to consult with the City as described in clause (a). 2006, c. 11, Sched. A, s. 114 (4).

Approval of plans or drawings

(5) No person shall undertake any development in an area designated under subsection (2) unless the City or, where a referral has been made under subsection (15), the Ontario Municipal Board has approved one or both, as the City may determine, of the following:

1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (11) (a).

2. Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing less than 25 dwelling units, which drawings are sufficient to display,

i. the massing and conceptual design of the proposed building,

ii. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access,

iii. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings,

iv. matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the City, and

v. the sustainable design elements on any adjoining highway under the City’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the City. 2006, c. 11, Sched. A, s. 114 (5).

Exclusions from site plan control

(6) The following matters are not subject to site plan control:

1. The interior design.

2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 iii of subsection (5).

3. The manner of construction and construction standards. 2006, c. 11, Sched. A, s. 114 (6).

Dispute about scope of site plan control

(7) The owner of land or the City may make a motion for directions to have the Ontario Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (5) is subject to site plan control. 2006, c. 11, Sched. A, s. 114 (7).

Final determination

(8) The Ontario Municipal Board’s determination under subsection (7) is not subject to appeal or review. 2006, c. 11, Sched. A, s. 114 (8).

Drawings for residential buildings

(9) Despite the exception provided in paragraph 2 of subsection (5), city council may require the drawings mentioned in that paragraph for a building to be used for residential purposes containing less than 25 dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2) as an area in which such drawings may be required. 2006, c. 11, Sched. A, s. 114 (9).

Proviso

(10) Nothing in this section is deemed to confer on the City power to limit the height or density of buildings to be erected on the land. 2006, c. 11, Sched. A, s. 114 (10).

Conditions to approval of plans

(11) As a condition to the approval of the plans and drawings referred to in subsection (5), the City may require the owner of the land to,

(a) provide to the satisfaction of and at no expense to the City any or all of the following:

(i) subject to subsection (12), widenings of highways that abut on the land,

(ii) facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs,

(iii) off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways,

(iv) walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access,

(v) facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon,

(vi) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands,

(vii) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material,

(viii) easements conveyed to the City for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the City on the land,

(ix) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon;

(b) maintain to the satisfaction of the City and at the sole risk and expense of the owner any or all of the facilities or works mentioned in subclauses (a) (ii) to (ix), including the removal of snow from access ramps and driveways, parking and loading areas and walkways;

(c) enter into one or more agreements with the City dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (e) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (5);

(d) enter into one or more agreements with the City ensuring that development proceeds in accordance with the plans and drawings approved under subsection (5);

(e) subject to subsection (13), convey part of the land to the City to the satisfaction of and at no expense to the City for a public transit right of way. 2006, c. 11, Sched. A, s. 114 (11).

Widening must be described in official plan

(12) An owner may not be required to provide a highway widening under subclause (11) (a) (i) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. 2006, c. 11, Sched. A, s. 114 (12).

Limitation

(13) An owner of land may not be required to convey land under clause (11) (e) unless the public transit right of way to be provided is shown on or described in an official plan. 2006, c. 11, Sched. A, s. 114 (13).

Registration of agreements

(14) Any agreement entered into under clause (11) (c) or (d) may be registered against the land to which it applies and the City is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2006, c. 11, Sched. A, s. 114 (14).

Appeal to O.M.B.

(15) If the City fails to approve the plans or drawings referred to in subsection (5) within 30 days after they are submitted to the City or if the owner of the land is not satisfied with any requirement made by the City under subsection (11) or with any part thereof, including the terms of any agreement required, the owner may require the plans or drawings or the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to be referred to the Ontario Municipal Board by written notice to the secretary of the Board and to the city clerk. 2006, c. 11, Sched. A, s. 114 (15).

Hearing

(16) The Ontario Municipal Board shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements, including the provisions of any agreement required, and the decision of the Board is final. 2006, c. 11, Sched. A, s. 114 (16).

Classes of development, delegation

(17) Where the City has designated a site plan control area under this section, the City may, by by-law,

(a) define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection (5); and

(b) delegate to either a committee of city council or to an appointed officer of the City identified in the by-law either by name or position occupied, any of the City’s powers or authority under this section, except the authority to define any class or classes of development as mentioned in clause (a). 2006, c. 11, Sched. A, s. 114 (17).

Development permit system

114.1 A regulation made under section 70.2 of the Planning Act may,

(a) vary, supplement or override section 113 or 114 of this Act or any by-law passed under either of those sections as necessary to establish a development permit system;

(b) authorize or require the City to pass a by-law to vary, supplement or override a by-law passed under section 113 or 114 as necessary to establish a development permit system;

(i) exempt it from any provision of section 113 or 114 set out in the regulation,

(ii) prohibit it from passing a by-law under those provisions of section 113 or 114 that are specified in the regulation. 2006, c. 32, Sched. B, s. 27.

Appeal body for local land use planning matters

115. (1) The City may by by-law constitute and appoint one appeal body for local land use planning matters, composed of such persons as the City considers advisable, subject to subsections (2), (3) and (4). 2006, c. 11, Sched. A, s. 115 (1).

Term and qualifications

(2) A person who is appointed to the appeal body,

(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

(b) shall have the prescribed qualifications, if any. 2006, c. 11, Sched. A, s. 115 (2).

Eligibility criteria

(3) In appointing persons to the appeal body, the City shall have regard to any prescribed eligibility criteria. 2006, c. 11, Sched. A, s. 115 (3).

Restriction

(4) The City shall not appoint to the appeal body a person who is,

(a) a city employee;

(b) a member of city council, a land division committee, a committee of adjustment or a planning advisory committee; or

Power to hear appeals

(5) The City may by by-law empower the appeal body to hear appeals under,

(a) subsection 45 (12) of the Planning Act;

(b) subsections 53 (14), (19) and (27) of the Planning Act; or

Effect of by-law under subs. (5)

(6) If a by-law has been passed under subsection (5),

(a) the appeal body has all the powers and duties of the Ontario Municipal Board under this section and the relevant provisions of the Planning Act;

(b) all references in this section and the Planning Act to the Ontario Municipal Board in connection with appeals shall be read as references to the appeal body; and

(c) appeals under the relevant provisions shall be made to the appeal body, not to the Ontario Municipal Board. 2006, c. 11, Sched. A, s. 115 (6).

Prescribed requirements

(7) The appeal body shall comply with any prescribed requirements, including, without limitation, requirements for the rules governing the practice and procedure before the appeal body. 2006, c. 11, Sched. A, s. 115 (7).

Fee

(8) An appellant shall pay to the appeal body any fee that the City establishes by by-law. 2006, c. 11, Sched. A, s. 115 (8).

Appeal

(9) An appeal lies from the appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law. 2006, c. 11, Sched. A, s. 115 (9).

Saving

(9.1) For greater certainty, the appeal body does not have the power to make determinations under subsection 53 (4.1) of the Planning Act. 2006, c. 32, Sched. B, s. 29 (3).

Exception, related appeals

(10) Despite subsection (6), an appeal under a provision listed in subsection (5) shall be made to the Ontario Municipal Board, not to the appeal body, if a related appeal,

(a) has previously been made to the Board and has not yet been finally disposed of; or

(b) is made to the Board together with the appeal under a provision listed in subsection (5). 2006, c. 11, Sched. A, s. 115 (10).

Same

(11) For the purpose of subsection (10), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (5) if it is made,

(a) under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act; and

(b) in respect of the same matter as the appeal under a provision listed in subsection (5). 2006, c. 11, Sched. A, s. 115 (11); 2006, c. 32, Sched. B, s. 28 (1).

Dispute about application of subs. (10)

(12) A person may make a motion for directions to have the Ontario Municipal Board determine a dispute about whether subsection (10) applies to an appeal. 2006, c. 11, Sched. A, s. 115 (12).

Final determination

(13) The Ontario Municipal Board’s determination under subsection (12) is not subject to appeal or review. 2006, c. 11, Sched. A, s. 115 (13).

O.M.B to assume jurisdiction

(14) If an appeal has been made to the appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal in respect of the same matter is filed under section 114 of this Act, under section 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act, the Ontario Municipal Board shall assume jurisdiction to hear the first-mentioned appeal. 2006, c. 32, Sched. B, s. 28 (2).

Same

(15) When the Ontario Municipal Board assumes jurisdiction as described in subsection (14), the appeal body,

(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and

(b) shall not take any further action with respect to the appeal. 2006, c. 11, Sched. A, s. 115 (15).

Withdrawal of power

(16) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to the appeal body under subsections (5) and (6), and the order may be in respect of the appeals specified in the order, subject to subsection (17), or in respect of any or all appeals made after the order is made. 2006, c. 11, Sched. A, s. 115 (16).

Exception

(17) An order made under subsection (16) does not apply to an appeal if the hearing before the appeal body has begun on or before the date of the order. 2006, c. 11, Sched. A, s. 115 (17).

Effect of withdrawal

(18) If an order is made under subsection (16),

(a) the Ontario Municipal Board shall hear all appeals to which the order applies; and

(b) the appeal body shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 11, Sched. A, s. 115 (18).

Revocation of withdrawal

(19) The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (16). 2006, c. 11, Sched. A, s. 115 (19).

Exception

(20) An order made under subsection (19) does not apply to an appeal if the hearing before the Ontario Municipal Board has begun on or before the date of the order. 2006, c. 11, Sched. A, s. 115 (20).

Effect of revocation

(21) If an order is made under subsection (19),

(a) the appeal body shall hear all appeals to which the order applies; and

(b) the Ontario Municipal Board shall forward to the appeal body all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 11, Sched. A, s. 115 (21).

Transition

(22) This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (5) comes into force. 2006, c. 32, Sched. B, s. 28 (3).

Regulations

Regulations re toll highways

116. (1) 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 section 41, including,

(a) requiring the City 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 the City can designate, operate or maintain a highway as a toll highway;

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

(d) granting the City additional 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 the City 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 the City to provide notice to the Minister of Municipal Affairs and Housing or any other person or body of its intention to designate a highway as a toll highway;

(g) providing that the Minister of Municipal Affairs and Housing or any other person or body who receives notice under clause (f) may prohibit the City from making the designation even though the designation is otherwise authorized under the regulation. 2006, c. 11, Sched. A, s. 116 (1).

Conflicts

(2) In the event of a conflict between a regulation made under this section and a provision of any Act or regulation, the regulation made under this section prevails. 2006, c. 11, Sched. A, s. 116 (2).

Regulations re highways and bridges

117. (1) The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them. 2006, c. 11, Sched. A, s. 117 (1).

General or specific

(2) The minimum standards may be general or specific in their application. 2006, c. 11, Sched. A, s. 117 (2).

Adoption by reference

(3) A regulation made under subsection (1) 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. 2006, c. 11, Sched. A, s. 117 (3).

Regulations re administrative penalties, parking by-laws

118. (1) 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 section 81, including,

(a) granting the City 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 the City’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 the City. 2006, c. 11, Sched. A, s. 118 (1).

Conflict

(2) 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. 11, Sched. A, s. 118 (2).

Regulations re business licences

119. (1) The Minister of Municipal Affairs and Housing 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 with respect to a business under any Act, including self-regulated businesses;

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

(c) prohibiting the City 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. 11, Sched. A, s. 119 (1).

Scope

(2) A regulation under this section may,

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

(b) require the City to return licence fees collected during that period;

Definition

(3) In this section,

“business” means business as defined in section 85. 2006, c. 32, Sched. B, s. 30.

Regulations re reciprocal licensing arrangements

120. For the purpose of subsection 91 (1), the Minister of Municipal Affairs and Housing may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the City to enter into agreements with those bodies. 2006, c. 11, Sched. A, s. 120.

Regulations re closing of business premises

121. The Minister of Municipal Affairs and Housing may make regulations prescribing goods and services for the purpose of clause 97 (3) (b). 2006, c. 11, Sched. A, s. 121.

Regulations re zoning by-laws

122. The Minister of Municipal Affairs and Housing may make regulations prescribing conditions for the purposes of subsection 113 (2). 2006, c. 11, Sched. A, s. 122.

Same

122.1 The Minister of Municipal Affairs and Housing may make regulations prescribing limitations for the purposes of subsection 113 (2.1). 2006, c. 32, Sched. B, s. 31.

Regulations re appeal body for local land use planning matters

123. The Minister of Municipal Affairs and Housing may make regulations,

(a) prescribing a term for the purpose of clause 115 (2) (a) and qualifications for the purpose of clause 115 (2) (b);

(b) prescribing eligibility criteria for the purpose of subsection 115 (3);

(d) prescribing requirements for the purpose of subsection 115 (7);

(e) respecting appeals that are affected by orders made under subsections 115 (16), (18), (19) and (21). 2006, c. 11, Sched. A, s. 123.

PART IV
THE CITY AND ITS GOVERNANCE

Interpretation

Definitions

124. In this Part,

“proposal for minor restructuring” means a proposal that provides for one or more restructurings which the Minister of Municipal Affairs and Housing, after reviewing the proposal, is of the opinion is of a minor nature; (“proposition de restructuration mineure”)

“restructuring” means annexing part of the City to another local municipality or annexing part of another local municipality to the City and making any changes to the boundaries of upper-tier municipalities necessary to reflect the annexation. (“restructuration”) 2006, c. 11, Sched. A, s. 124.

The City

City continued

125. (1) The City of Toronto is hereby continued as a body corporate that is composed of the inhabitants of its geographic area. 2006, c. 11, Sched. A, s. 125 (1).

Transition

(2) Without limiting subsection (1), the name and boundaries of the City on the day on which the City is continued are the same as they were immediately before the City was continued. 2006, c. 11, Sched. A, s. 125 (2).

Status

(3) The City is a municipality and has the status of a single-tier municipality for all purposes. 2006, c. 11, Sched. A, s. 125 (3).

Non-application of Corporations Act, etc.

(4) The Corporations Act and the Corporations Information Act do not apply to the City. 2006, c. 11, Sched. A, s. 125 (4).

Change of name

126. (1) Without limiting sections 7 and 8, those sections authorize the City to change its name. 2006, c. 11, Sched. A, s. 126 (1).

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any other provision of this or any other Act or a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 126 (2).

Restriction

(3) The new name cannot be the same as the name of another municipality. 2006, c. 11, Sched. A, s. 126 (3).

Notification

(4) The City shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister of Municipal Affairs and Housing promptly after its passage. 2006, c. 11, Sched. A, s. 126 (4).

Status unchanged

(5) A change of name does not affect the status of the City as a single-tier municipality or the rights or obligations of the City. 2006, c. 11, Sched. A, s. 126 (5).

Wards continued

127. Without limiting subsection 125 (1), the wards of the City on the day on which the City is continued by that subsection are the same as they were immediately before the City was continued. 2006, c. 11, Sched. A, s. 127.

Changes to wards

128. (1) Without limiting sections 7 and 8, those sections authorize the City to divide or redivide the City into wards or to dissolve the existing wards. 2006, c. 11, Sched. A, s. 128 (1).

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section or section 129, a conflict with a provision of any other Act or a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 128 (2).

Notice

(3) Within 15 days after the by-law is passed, the City shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4). 2006, c. 11, Sched. A, s. 128 (3).

Appeal

(4) Within 45 days after the by-law is passed, the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the City setting out the objections to the by-law and the reasons in support of the objections. 2006, c. 11, Sched. A, s. 128 (4).

Notices forwarded to Board

(5) Within 15 days after the last day for filing a notice of appeal under subsection (4), the City shall forward any notices of appeal to the Ontario Municipal Board. 2006, c. 11, Sched. A, s. 128 (5).

Other material

(6) The City shall provide any other information or material that the Board requires in connection with the appeal. 2006, c. 11, Sched. A, s. 128 (6).

Board decision

(7) The Board shall hear the appeal and may, despite any Act, make an order affirming, amending or repealing the by-law. 2006, c. 11, Sched. A, s. 128 (7).

Coming into force of by-law

(8) The by-law comes into force on the day the new city council is organized following,

(a) the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election and,

(i) no notices of appeal are filed,

(ii) notices of appeal are filed and are all withdrawn before January 1 in the year of the election, or

(iii) notices of appeal are filed and the Board issues an order to affirm or amend the by-law before January 1 in the year of the election; or

(b) the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Board. 2006, c. 11, Sched. A, s. 128 (8).

Election

(9) Despite subsection (8), where the by-law comes into force on the day the new city council is organized following a regular election, that election shall be conducted as if the by-law was already in force. 2006, c. 11, Sched. A, s. 128 (9).

Notice to assessment corporation

(10) When a by-law described in this section is passed, the clerk of the City shall notify the assessment corporation,

(a) before January 1 in the year of the first regular election after the by-law is passed, if clause (8) (a) applies;

(b) before January 1 in the year of the second regular election after the by-law is passed, if clause (8) (b) applies. 2009, c. 33, Sched. 21, s. 4 (6).

Petition re wards

129. (1) Electors in the City may present a petition to city council asking the council to pass a by-law dividing or redividing the City into wards or dissolving the existing wards. 2006, c. 11, Sched. A, s. 129 (1).

Number of electors required

(2) The petition requires the signatures of 500 of the electors in the City. 2006, c. 11, Sched. A, s. 129 (2).

Definition

(3) 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 a petition being presented to council under subsection (1). 2006, c. 11, Sched. A, s. 129 (3).

Failure to act

(4) If city council does not pass a by-law in accordance with the petition within 90 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Municipal Board to have the City divided or redivided into wards or to have the existing wards dissolved. 2006, c. 11, Sched. A, s. 129 (4); 2006, c. 32, Sched. B, s. 32 (1).

Order

(5) The Board shall hear the application and may, despite any Act, make an order dividing or redividing the City into wards or dissolving the existing wards and subsection 128 (6) applies with necessary modifications in respect to the hearing. 2006, c. 11, Sched. A, s. 129 (5).

Coming into force

(6) An order of the Board under this section comes into force on the day the new city council is organized following,

(a) the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; or

(b) the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day. 2006, c. 11, Sched. A, s. 129 (6).

Election

(7) Despite subsection (6), if an order comes into force on the day the new city council is organized following a regular election, that election shall be conducted as if the order was already in force. 2006, c. 11, Sched. A, s. 129 (7).

Deemed by-law

(8) Once an order of the Board is in force, the order is deemed to be a by-law of the City and may be amended or repealed by the City by by-law described in section 128. 2006, c. 11, Sched. A, s. 129 (8); 2006, c. 32, Sched. B, s. 32 (2).

City Council

City council continued

130. Without limiting subsection 125 (1), the composition of city council on the day on which the City is continued by that subsection is the same as it was immediately before the City was continued. 2006, c. 11, Sched. A, s. 130.

Role of city council

131. It is the role of city council,

(a) to represent the public and to consider the well-being and interests of the City;

(b) to develop and evaluate the policies and programs of the City;

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(e) to ensure the accountability and transparency of the operations of the City, including the activities of the senior management of the City;

(f) to maintain the financial integrity of the City; and

(g) to carry out the duties of council under this or any other Act. 2006, c. 11, Sched. A, s. 131.

Powers of city council

132. (1) The powers of the City shall be exercised by city council. 2006, c. 11, Sched. A, s. 132 (1).

Same

(2) Anything begun by one council may be continued and completed by a succeeding council. 2006, c. 11, Sched. A, s. 132 (2).

By-law

(3) A power of the City, including the City’s capacity, rights, powers and privileges under section 7, shall be exercised by by-law unless the City is specifically authorized to do otherwise. 2006, c. 11, Sched. A, s. 132 (3).

Scope

(4) Subsections (1) to (3) apply to all of the City’s powers, whether conferred by this Act or otherwise. 2006, c. 11, Sched. A, s. 132 (4).

Role of the mayor as head of council

133. (1) It is the role of the mayor of the City, as the head of council,

(a) to act as chief executive officer of the City;

(b) to preside over meetings of council so that its business can be carried out efficiently and effectively;

(d) to represent the City at official functions; and

(e) to carry out the duties of the head of council under this or any other Act. 2006, c. 11, Sched. A, s. 133 (1).

Same

(2) Without limiting clause (1) (c), the mayor’s role includes providing information and making recommendations to council with respect to council’s role under clauses 131 (d) and (e). 2006, c. 11, Sched. A, s. 133 (2).

Substitution

(3) The City may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, of which the head of council is a member by virtue of being head of council. 2006, c. 11, Sched. A, s. 133 (3).

Role of the mayor as chief executive officer

134. As chief executive officer of the City, the mayor shall,

(a) uphold and promote the purposes of the City;

(b) promote public involvement in the City’s activities;

(c) act as the representative of the City both within and outside the City, and promote the City locally, nationally and internationally; and

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the City and its residents. 2006, c. 11, Sched. A, s. 134.

Changes to city council

135. (1) Without limiting sections 7 and 8, those sections authorize the City to change the composition of city council. 2006, c. 11, Sched. A, s. 135 (1).

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section, a conflict with a provision of any other Act or a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 135 (2).

Requirements

(3) The following rules apply to the composition of city council:

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. The members of council shall be elected in accordance with the Municipal Elections Act, 1996.

3. The head of council shall be elected by general vote.

4. The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards. 2006, c. 11, Sched. A, s. 135 (3).

Coming into force

(4) A by-law changing the composition of city council does not come into force until the day the new council is organized,

(a) after the first regular election following the passing of the by-law; or

(b) if the by-law is passed in the year of a regular election before voting day, after the second regular election following the passing of the by-law. 2006, c. 11, Sched. A, s. 135 (4).

Election

(5) The regular election held immediately before the coming into force of the by-law shall be conducted as if the by-law was already in force. 2006, c. 11, Sched. A, s. 135 (5).

Term unaffected

(6) Nothing in this section authorizes a change in the term of office of a member of council. 2006, c. 11, Sched. A, s. 135 (6).

Officers and Employees of the City

Role of officers and employees

136. It is the role of the officers and employees of the City,

(a) to implement the decisions of city council and to establish administrative practices and procedures to carry out those decisions;

(b) to undertake research and provide advice to city council on the policies and programs of the City; and

(c) to carry out other duties required under this or any Act and other duties assigned by the City. 2006, c. 11, Sched. A, s. 136.

City clerk

137. (1) The City shall appoint a clerk whose duty it is,

(a) to record, without note or comment, all resolutions, decisions and other proceedings of city council;

(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;

(d) to perform the other duties required under this Act or under any other Act; and

(e) to perform such other duties as are assigned by the City. 2006, c. 11, Sched. A, s. 137 (1).

Deputy clerks

(2) The City may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act. 2006, c. 11, Sched. A, s. 137 (2).

Status

(3) A clerk or deputy clerk is not required to be a city employee. 2006, c. 11, Sched. A, s. 137 (3).

Delegation

(4) The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s powers and duties under this and any other Act. 2006, c. 11, Sched. A, s. 137 (4).

Same

(5) The clerk may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 11, Sched. A, s. 137 (5).

City treasurer

138. (1) The City shall appoint a treasurer who is responsible for handling all of the financial affairs of the City on behalf of the City and in the manner directed by city council, including,

(a) collecting money payable to the City and issuing receipts for those payments;

(b) depositing all money received on behalf of the City in a financial institution designated by the City;

(d) maintaining accurate records and accounts of the financial affairs of the City;

(e) providing the council with such information with respect to the financial affairs of the City as it requires or requests;

(f) ensuring investments of the City are made in compliance with the regulations made under Part VIII (Finances). 2006, c. 11, Sched. A, s. 138 (1).

Deputy treasurers

(2) The City may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this or any other Act. 2006, c. 11, Sched. A, s. 138 (2).

Not required to be an employee

(3) A treasurer or deputy treasurer is not required to be a city employee. 2006, c. 11, Sched. A, s. 138 (3).

Liability limited

(4) The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the City unless the disposition of the money is expressly provided for under any Act. 2006, c. 11, Sched. A, s. 138 (4).

Delegation

(5) The City may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes imposed under any Part of this Act. 2006, c. 11, Sched. A, s. 138 (5).

Continuation despite delegation

(6) The treasurer may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 11, Sched. A, s. 138 (6).

City auditor

139. (1) The City shall appoint an auditor licensed under the Public Accounting Act, 2004 who is responsible for,

(a) annually auditing the accounts and transactions of the City and its local boards and expressing an opinion on the financial statements of these bodies based on the audit; and

(b) performing duties required by the City or local board. 2006, c. 11, Sched. A, s. 139 (1).

Term

(2) A city auditor shall not be appointed for a term exceeding five years. 2006, c. 11, Sched. A, s. 139 (2).

Non-employee

(3) Despite any Act, the city auditor shall not be a city employee or an employee of a local board of the City. 2006, c. 11, Sched. A, s. 139 (3).

Reporting relationship

(4) The auditor reports to city council. 2006, c. 11, Sched. A, s. 139 (4).

Chief administrative officer

140. The City may appoint a chief administrative officer who shall be responsible for,

(a) exercising general control and management of the affairs of the City for the purpose of ensuring the efficient and effective operation of the City; and

(b) performing such other duties as are assigned by the City. 2006, c. 11, Sched. A, s. 140.

City Boards

Power to establish city boards

141. (1) Without limiting sections 7 and 8, those sections authorize the City to establish a city board and to provide for the following matters:

1. The name, composition, quorum and budgetary process of the board.

2. The eligibility of persons to hold office as board members.

3. The manner of selecting board members, the resignation of members, the determination of when a member’s seat becomes vacant and the filling of vacancies.

4. The term of office and remuneration of board members.

5. The number of votes of the board members.

6. The requirement that the board follow rules, procedures and policies established by the City.

7. The relationship between the City and the board, including their financial and reporting relationship. 2006, c. 11, Sched. A, s. 141 (1).

Restriction

(2) A city board must be composed of at least two members. 2006, c. 11, Sched. A, s. 141 (2).

Same, election of members

(3) The City cannot require any member of a city board to be elected to that office under the Municipal Elections Act, 1996. 2006, c. 11, Sched. A, s. 141 (3).

Same, term of office

(4) The term of office of a member of a city board cannot exceed four years but members may be eligible for appointment for more than one term. 2006, c. 11, Sched. A, s. 141 (4); 2006, c. 32, Sched. B, s. 33.

Same

(5) Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board. 2006, c. 11, Sched. A, s. 141 (5).

Same

(6) Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a city board and its members as if they were city council and members of city council:

1. Section 193 (Absence of head).

2. Clauses 204 (c) to (h) (Vacant seat).

3. Sections 205 (Resignation as member), 209 (Term of office, vacancy) and 210 (Application to court). 2006, c. 11, Sched. A, s. 141 (6).

Status of city boards

142. (1) A city board is a body corporate unless the City provides otherwise when establishing the board. 2006, c. 11, Sched. A, s. 142 (1).

Agency

(2) A city board is an agent of the City. 2006, c. 11, Sched. A, s. 142 (2).

Local board

(3) A city board is a local board of the City for all purposes. 2006, c. 11, Sched. A, s. 142 (3).

Non-application of Corporations Act, etc.

(4) The Corporations Act and the Corporations Information Act do not apply to a city board that is a body corporate. 2006, c. 11, Sched. A, s. 142 (4).

Functions of city boards

143. (1) The City may give a city board the control and management of such municipal services and activities as the City considers appropriate and shall do so by delegating the powers and duties of the City to the board in accordance with this Act. 2006, c. 11, Sched. A, s. 143 (1).

Powers and duties

(2) The following provisions apply with necessary modifications to a city board, except as otherwise provided by a city by-law:

1. Section 7 (Powers of a natural person).

2. Part XV (Enforcement), except sections 374 (City entitlement to fines), 382 (Enforcement of agreements, etc.) and 388 (Closing premises, public nuisance).

3. Part XVI (Liability of the City). 2006, c. 11, Sched. A, s. 143 (2).

Restriction

(3) A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power. 2006, c. 32, Sched. B, s. 34.

Joint city boards

144. (1) The City may enter into agreements with one or more other municipalities to establish a joint city board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint board. 2006, c. 11, Sched. A, s. 144 (1).

Same

(2) The City may give to a joint city board the control and management of different municipal services or activities than those given to the board by the other municipalities and may give to a joint city board the control and management of different aspects of the municipal service or activity than the aspects given to the board by the other municipalities. 2006, c. 11, Sched. A, s. 144 (2).

Powers, etc.

(3) Subject to subsections (4) and (5), the provisions of this Act that apply to city boards also apply with necessary modifications to joint city boards. 2006, c. 11, Sched. A, s. 144 (3).

Consent required

(4) Except where otherwise specifically provided in any Act, an action of the City related to an existing or proposed joint city board is of no effect unless the City obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action. 2006, c. 11, Sched. A, s. 144 (4).

Exception

(5) Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4). 2006, c. 11, Sched. A, s. 144 (5).

Powers and duties of other municipalities

(6) If another municipality enters into an agreement described in subsection (1) with the City, the other municipality is deemed to have the same powers and duties as the City under this Act for the purposes of the establishment and operation of the joint board. 2006, c. 11, Sched. A, s. 144 (6).

Same

(7) Subsection (6) does not authorize the other municipality to give control and management of a municipal service or activity to the joint board if the municipality does not otherwise have the authority to provide the service or undertake the activity. 2006, c. 11, Sched. A, s. 144 (7).

Power to dissolve or change local boards

145. (1) Without limiting sections 7 and 8, those sections authorize the City to dissolve or change a local board. 2006, c. 11, Sched. A, s. 145 (1).

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding sections 141 to 147 of this Act, or in the event of a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 145 (2).

Restriction

(3) Despite subsection (1), the City shall not, in accordance with that subsection, dissolve or change a local board which is,

(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 board as defined in section 1 of the Public Libraries Act;

(e) a police services board established under the Police Services Act;

(f) an appeal body established under section 115;

(g) a corporation established in accordance with section 148;

(h) such other local boards as may be prescribed. 2006, c. 11, Sched. A, s. 145 (3); 2006, c. 32, Sched. B, s. 35; 2007, c. 8, s. 198 (2).

Scope of power to change a local board

146. Without limiting sections 7 and 8, the power of the City to change a local board under those sections includes the power to pass by-laws with respect to,

(a) the matters described in paragraphs 1 to 7 of subsection 141 (1), subject to the restrictions set out in section 141;

(b) the assumption of a power or duty of the board provided that, if the power or duty was delegated to the board by the City, the City cannot assume the power or duty if it cannot revoke the delegation;

(d) the restriction or expansion of the mandate of the board. 2006, c. 11, Sched. A, s. 146.

Dissolution, etc., of joint board

147. If the City passes a by-law in accordance with subsection 145 (1) to dissolve or change a local board which is a local board of the City and one or more other municipalities,

(a) the by-law does not come into force until at least half of the municipalities, excluding the City, have passed a resolution giving their approval to the by-law;

(b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board. 2006, c. 11, Sched. A, s. 147; 2006, c. 32, Sched. B, s. 36.

Corporations

Power to establish corporations

148. (1) Without limiting sections 7 and 8, those sections authorize the City to do the following things in accordance with such conditions and restrictions as may be prescribed:

1. To establish corporations.

2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation.

3. To exercise any power as a member of a corporation.

4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed.

5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed. 2006, c. 11, Sched. A, s. 148 (1); 2006, c. 32, Sched. B, s. 37.

Duties of corporations, etc.

(2) A corporation established by the City and a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed. 2009, c. 33, Sched. 21, s. 4 (7).

Exceptions

(3) This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation as defined in the Housing Services Act, 2011 or any other corporation that the City is expressly authorized under any other Act to establish or control. 2006, c. 11, Sched. A, s. 148 (3); 2011, c. 6, Sched. 1, s. 186 (1).

Definition

(4) For the purposes of this section and section 154,

“secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation. 2009, c. 33, Sched. 21, s. 4 (8).

Regulations

(5) The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations. 2009, c. 33, Sched. 21, s. 4 (8).

Municipal Restructuring

Proposal for minor restructuring

149. (1) The City may, subject to subsection (2), make a proposal for minor restructuring of municipalities in a geographic area by submitting to the Minister of Municipal Affairs and Housing a restructuring report containing,

(a) a description of the 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 proposal has the prescribed degree of support of the prescribed municipalities in the geographic area,

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

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

(iv) the City consulted the public in the required manner. 2006, c. 11, Sched. A, s. 149 (1).

Limitation

(2) A proposal for minor restructuring shall not provide for a type of restructuring other than a prescribed type of restructuring. 2006, c. 11, Sched. A, s. 149 (2).

Consultation

(3) Before the council of the City or of another municipality votes on whether to support or oppose the 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 council considers appropriate. 2006, c. 11, Sched. A, s. 149 (3).

Implementation

(4) The Minister may, by order, implement the proposal in accordance with the regulations if,

(a) the 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 clause 155 (1) (a). 2006, c. 11, Sched. A, s. 149 (4).

Amendment of proposal

(5) After the following requirements are met and despite subsection (4), the Minister may allow a proposal submitted under subsection (1) or under subsection 173 (1) of the Municipal Act, 2001 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended proposal:

1. An amended restructuring report setting out the amended proposal must be submitted to the Minister by the City.

2. The amended proposal must have the prescribed degree of support of the prescribed municipalities in the geographic area whose support was required for the original proposal.

3. The amended proposal must have the prescribed degree of support of the prescribed municipalities in the geographic area whose support would be required if the amended proposal were an original proposal.

4. The provisions of any order implementing the original proposal which are to be amended are not in force. 2006, c. 11, Sched. A, s. 149 (5).

Same

(6) An amended proposal and report submitted to the Minister under subsection (5) is deemed to have been submitted to the Minister under subsection (1) for the purposes of this section. 2006, c. 11, Sched. A, s. 149 (6).

Same

(7) If the Minister makes an order under subsection (4) or under subsection 173 (4) of the Municipal Act, 2001 and then makes another order under subsection (5) implementing an amended proposal, the second order is deemed to have been made under subsection (4) or under subsection 173 (4) of the Municipal Act, 2001, as the case may be. 2006, c. 11, Sched. A, s. 149 (7).

Limitation, restructuring principles and standards

(8) If the Minister is not satisfied that the proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under clause 155 (1) (a), the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the City for reconsideration. 2006, c. 11, Sched. A, s. 149 (8).

Effect of order

(9) A proposal and report is deemed to comply with the restructuring principles and standards established under clause 155 (1) (a) once an order implementing the proposal is made under subsection (4). 2006, c. 11, Sched. A, s. 149 (9).

Filing

(10) 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. 2006, c. 11, Sched. A, s. 149 (10).

Inspection

(11) Each municipality described in clause (10) (b) shall make the order available for public inspection. 2006, c. 11, Sched. A, s. 149 (11).

Not regulation

(12) An order of the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 11, Sched. A, s. 149 (12); 2006, c. 11, Sched. B, s. 3 (3).

Conflicts with official plan

150. A by-law of the City approving a proposal for minor restructuring under section 149 is not invalid on the ground that it conflicts with an official plan. 2006, c. 11, Sched. A, s. 150.

Effect of Minister’s order

151. (1) An order of the Minister under section 149,

(a) is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and

(b) prevails over any Act or regulation, other than this section, with which it conflicts and prevails over a regulation made under section 155, with which it conflicts. 2006, c. 11, Sched. A, s. 151 (1).

Exceptions

(2) Despite clause (1) (b), the City may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 149 or under section 173 of the Municipal Act, 2001 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the City.

2. Dissolving or changing local boards.

3. Changing the composition of city council.

4. Establishing, changing or dissolving wards.

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 by the City prevails over an order of the Minister under section 149. 2006, c. 11, Sched. A, s. 151 (2).

Same

(3) Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act. 2006, c. 11, Sched. A, s. 151 (3).

Taxes

(4) If, as a result of an order described in subsection (1), an area of the City is subject to taxes or rates which do not apply generally across the City, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole City. 2006, c. 11, Sched. A, s. 151 (4).

Regulations

Regulations re city council, etc.

152. (1) The Lieutenant Governor in Council may make regulations,

(a) requiring the City to establish an executive committee from among the members of council and prescribing the composition, powers and duties of the committee, including, for example, requiring the committee to provide strategic directions for the City;

(b) requiring the head of council to appoint the chairs and vice-chairs of specified committees of council and specified local boards;

(c) requiring the head of council to appoint one or more deputy heads of council from among the members of council and prescribing the duties of the persons appointed;

(d) requiring the head of council to nominate or to appoint one or more persons who will have the prescribed responsibilities, powers and duties of a chief administrative officer for the City;

(e) establishing procedures for the appointment of persons who are nominated under clause (d) by the head of council;

(f) establishing procedures relating to the dismissal of persons who are nominated or appointed under clause (d);

(g) prescribing transitional matters relating to the exercise of powers and performance of duties under clauses (d) and (e);

(h) requiring council to appoint specified committees composed of members of council elected from specified geographic areas of the City and requiring the City to delegate prescribed powers and duties to the committees;

(i) specifying procedures for the adoption by the City of a budget under section 228 or the adoption or readoption of a budget under section 229;

(j) specifying the duties of the head of council in respect of the adoption or readoption of such a budget by the City. 2006, c. 11, Sched. A, s. 152 (1).

Conflict

Regulations re dissolution, etc., of local boards

153. For the purposes of section 145, the Minister of Municipal Affairs and Housing may make regulations, despite this or any other Act,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the City;

(d) imposing conditions and limitations on the powers of the City;

(e) providing that, for the purposes specified in the regulation, the City is deemed to be a local board of the type dissolved or changed;

(f) providing that, for the purposes specified in the regulation, the City shall stand in the place of a local board dissolved or changed;

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the City to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(h) providing that the provisions of any Act specified in the regulation do not apply to the City acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(j) providing that the City or local board pay money to each other or another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board. 2006, c. 11, Sched. A, s. 153.

Regulations re corporations

154. (1) For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing corporations established under subsection 148 (1) and secondary corporations, including regulations,

(a) prescribing the purposes for which the City may exercise its powers referred to in that section and imposing conditions and restrictions on the use of those powers;

(b) prescribing the purposes for which a corporation may carry on business or engage in activities;

(d) imposing conditions and requirements that apply to a corporation and its directors and officers;

(e) providing that specified corporations are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified;

(f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed;

(g) exempting the City from the application of section 82 with respect to specified corporations;

(h) providing for transitional matters relating to the City’s exercise of its powers under that section or relating to a specified corporation’s exercise of its powers. 2006, c. 11, Sched. A, s. 154 (1); 2009, c. 33, Sched. 21, s. 4 (9).

Conflict

(2) If there is a conflict between a regulation made under this section and a provision of this Act, other than