An Act respecting the City of Hamilton — Private Bill PR22 (38th Parliament, 2nd Session)

Bill PR22, 38-2

Ontario — Bills

2ND SESSION, 38TH LEGISLATURE, ONTARIO 54 ELIZABETH II, 2005 Bill Pr22

An Act respecting the City of Hamilton Ms Marsales Private Bill 1st Reading November 2, 2005 2n d Reading 3r d Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The purpose of the Bill is set out in the

Preamble.

Bill Pr22 2005

An Act respecting the City of Hamilton

Preamble The City of Hamilton has applied for special legislation relating to the facilities described in

Schedule 1 to this Act. The City represents th at it owns each of these facili- ties. The City seeks authority to enter into agreements authorizing persons to lease, maintain, operate or manage any of these facilities. The City also seeks authority to provide financial assistance to the persons and to exempt them from certain municipal fees relating to these facili- ties. The City seeks to maintain the tax exempt status of the facilities for municipal and school tax purposes. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows:

Definitions 1. In this Act, “designated facility” means a facility described in Sched- ule 1 to this Act; “property manager” means a person who leases, main- tains, operates or manage s a designated facility under an agreement described in

section 2. Agreements re designated facilities 2. The City of Hamilton may enter into one or more agreements authorizing a person to lease, maintain, oper- ate or manage a designated facility. Financial assistance from City 3. Despite

section 106 of the Municipal Act, 2001 , the City may provide direct or indirect financial assistance with respect to a designated facility to its property man- ager and the assistance may include, (

a) entering into leases or agreements at less than fair market value or at no cost; (

b) giving or lending money and charging interest; (

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

d) guaranteeing borrowing; and (

e) providing the services of employees of the munici- pality. Tax status of property manager 4.

(1) For the purposes of

section 3 of the Assessment Act, a property manager and his, her or its affiliates shall be deemed not to be tenants or lessees who are liable to taxation in respect of a designated facility. Definition

(2) In this section, “affiliate” has the same meaning as in subsection 1 (1) of the Business Corporations Act. Exemption from certain fees and charges 5.

(1) The City may by by-law exempt a property manager from paying fees ordinarily imposed by the City that relate to the operation or management of a designated facility, including any development charges imposed un- der the Development Charges Act, 1997 and any fees for building permits. Restriction

(2) The City is not permitted to exempt a property manager from any water or sewer charges relating to a designated facility. Commencement 6. This Act comes into force on the day it receives Royal Assent.

Short title 7. The

short title of this Act is the City of Hamilton Act, 2005.

SCHEDULE 1 DESIGNATED FACILITIES 1. The following are designated facilities for the pur- poses of this Act: 1. Hamilton Place Theatre, including the enterprise, structure and necessary interest in land appurtenant thereto located on the north side of Main Street West at the address m unicipally known as 10 McNab Street South in the City of Hamilton and known as “Hamilton Place” in Lloyd D. Jackson Square in the City of Hamilton. 2.

Hamilton Convention Centre, including the enter- prise, structure and necessa ry interest in land ap- purtenant thereto located on the south side of King Street West at the addre ss municipally known as 1 Summers Lane in the City of Hamilton and known as “Hamilton Convention Centre” in Lloyd D. Jackson Square in the City of Hamilton.

2 CITY OF HAMILTON ACT, 2005 3. Victor K. Copps Trade Centre-Arena, including the enterprise, structure and n ecessary interest in land appurtenant thereto located at the southeast corner of Bay Street North and Yo rk Boulevard at the ad- dress municipally known as 101 York Boulevard in the City of Hamilton and known as the “Victor K. Copps Trade Centre-Arena” in Lloyd D. Jackson Square in the City of Hamilton. 4. The municipal car park located at the address mu- nicipally known as 80 Main Street West in the City of Hamilton.

Document details

Collection	Ontario — Bills
Citation	Bill PR22, 38-2
Type	bill
Volume / chapter	p38 s2 bill pr22 bill text 38 2 en pr022.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	42049271c11e22e7e50993c632d0539ac2467dda

Source file is stored in the law ingest library (pdf).