St. Thomas - Central Elgin Boundary Adjustment Act, 2023 — Bill 63 (43rd Parliament, 1st Session)

Bill 63, 43-1

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Bill 63, St. Thomas - Central Elgin Boundary Adjustment Act, 2023

Clark, Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2023,

chapter 1

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Bill 63 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 63 and does not form

part of the law. Bill 63 has been enacted as

Chapter 1 of the Statutes of Ontario,

The

Bill enacts the St. Thomas - Central Elgin Boundary

Adjustment Act, 2023 , which provides for the annexation of a portion of

the Municipality of Central Elgin to the City of St. Thomas. Various matters

are dealt with, including the application of by-laws, resolutions and official

plans, the continuation of procedures in process and arrangements with respect

to real property taxes. Provision is made for payments between the respective

municipalities, as may be required and determined by regulation. The Minister

is authorized to make orders providing for the closure of public highways. The

annexed area is described in the Schedule. However, the Minister is authorized

to make regulations prescribing the annexed area and, if the Minister does so,

that description is deemed to be the annexed area as of the effective date and

the description in the

Schedule is deemed not to have been the annexed area.

Bill 63 2023

Act respecting the adjustment of the boundary between the City of St. Thomas

and the Municipality of Central Elgin

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Interpretation

Definition

(1) In

this Act,

“effective

date” means the day the St. Thomas - Central Elgin

Boundary Adjustment Act, 2023 receives Royal Assent.

References

(2) A

reference in this Act to the County of Elgin, the City of St. Thomas or the

Municipality of Central Elgin is a reference to the geographic area comprising

that municipality or a reference to the municipal corporation bearing that

name, as the context requires.

Annexation

(1) On

the effective date, the portion of the Municipality of Central Elgin described

in the

Schedule to this Act is annexed to the City of St. Thomas.

Real

property

(2) All

real property of the Municipality of Central Elgin and the County of Elgin in

the annexed area vests in the City of St. Thomas on the effective date

including without limitation,

(

a) any

highway, fixture, waterline and sewer in the annexed area; and

(

b) any

easement and restrictive covenant running with land in the annexed area.

Other

assets and liabilities

(3) All

assets and liabilities of the Municipality of Central Elgin or the County of

Elgin that are located in or associated with the annexed area, other than those

described in subsection (2), remain the assets and liabilities of the

Municipality of Central Elgin or the County of Elgin, as the case may be.

Proceedings

re real property

(4) Any

proceeding, including any arbitral, administrative or court proceeding, relating

to real property of the Municipality of Central Elgin or the County of Elgin in

the annexed area that commenced prior to the effective date remains the

obligation of the Municipality of Central Elgin or the County of Elgin, as the

case may be.

By-laws

and resolutions

(1) On

the effective date,

(

a) subject

to subsection (2), the by-laws and resolutions of the City of St. Thomas extend

to the annexed area; and

(

b) subject

to subsections (3) and (4), the by-laws and resolutions of the Municipality of

Central Elgin and the County of Elgin cease to apply to the annexed area.

Exception,

subs. (1) (a)

(2) A

by-law passed pursuant to

section 135 of the Municipal

Act, 2001 by the City of St. Thomas that is in effect on the effective

date does not extend to the annexed area. However, nothing prevents the City

from passing a by-law pursuant to

section 135 of the Municipal

Act, 2001 after the effective date that extends to the annexed area.

Exception,

subs. (1) (b)

(3) To

the extent that they apply to the annexed area, the following by-laws of the

Municipality of Central Elgin and the County of Elgin are deemed to be by-laws

of the City of St. Thomas and remain in force in the annexed area until they

expire or are repealed or amended to provide otherwise:

1. By-laws

passed under

section 34 of the Planning Act , or a

predecessor of that section.

2. By-laws

passed under the Highway Traffic Act or the Municipal Act, 2001 , or a predecessor of either of those Acts,

to regulate,

i. the

use of highways by vehicles and pedestrians, or

ii. the

encroachment or projection of buildings upon or over highways.

3. By-laws

passed under

section 45, 58 or 61 of the Drainage Act ,

or a predecessor of any of those sections.

Same

(4) To

the extent that they apply to the annexed area, any by-laws and resolutions of

the Municipality of Central Elgin and the County of Elgin that confer rights,

privileges, franchises, immunities or exemptions and could not lawfully be

repealed by the Municipality of Central Elgin or the County of Elgin are deemed

to be by-laws and resolutions of the City of St. Thomas.

By-laws

in process

(5) If

the Municipality of Central Elgin or the County of Elgin has commenced

procedures to enact a by-law under any Act and that by-law applies to the

annexed area and is not in force on the effective date, the City of St. Thomas

may continue the procedures to enact the by-law to the extent that it applies

to the annexed area.

Official

plan

(1) The

official plan of the Municipality of Central Elgin in respect of the annexed

area is deemed to be an official plan of the City of St. Thomas on the

effective date, and remains in force until it is revoked or amended to provide

otherwise.

Official

plan and amendments in process

(2) If

the Municipality of Central Elgin has commenced procedures to adopt an official

plan or an amendment to its official plan and that official plan or amendment

applies to the annexed area and is not in force on the effective date, the City

of St. Thomas may continue the procedures to adopt the official plan or

amendment to the extent that it applies to the annexed area.

Other

matters in process

(1) If

the Municipality of Central Elgin or the County of Elgin has commenced

procedures with respect to any matter other than those described in subsections

3 (5) and 4 (2), and the matter applies to the annexed area and, on the

effective date, has not been completed, the City of St. Thomas may continue the

procedures to complete the matter to the extent that it applies to the annexed

area.

Tax

sales

(2) For

clarity, a reference to procedures in subsection (1) includes tax sales

procedures under

Part XI of the Municipal Act, 2001 .

Property

taxes due and unpaid

(1) All

real property taxes levied and uncollected in the annexed area that are due and

unpaid on the day before the effective date, become, on the effective date,

taxes that are due and payable to the City of St. Thomas and may be collected

by the City.

Special

tax roll

(2) The

clerk of the Municipality of Central Elgin shall, before May 1, 2023, prepare

and furnish to the clerk of the City of St. Thomas a special tax roll showing,

(

a) all

arrears of real property taxes or special rates assessed against the land in

the annexed area up to and including the day before the effective date; and

(

b) the

persons assessed for those arrears.

Tax

arrears, etc

(3) On

or before July 31, 2023, the City of St. Thomas shall pay to the Municipality

of Central Elgin an amount equal to the arrears of real property taxes or

special rates contained on the special tax roll, together with any accumulated

interest or penalty, but excluding any amount that the treasurer of the City of

St. Thomas removes from the roll under

section 354 of the Municipal

Act, 2001 .

Definition

(4) In

this section,

“real

property taxes” has the same meaning as in subsection 371 (1) of the Municipal Act, 2001 .

Assessment

roll for 2023 taxation

For

the purposes of the City of St. Thomas’ assessment roll for the 2023 taxation

year, the annexed area is deemed to be part of the City of St. Thomas for the part

of the year that the annexation under

section 2 takes effect.

disqualification

Despite

subsection 258 (2) of the Municipal Act, 2001 , a

person who is a member of the council of the Municipality of Central Elgin on the

effective date is not, during the term of office ending November 14, 2026,

disqualified from holding office because of any loss of qualification resulting

solely from the annexation under this Act.

Payments

(1) The

City of St. Thomas shall make such payment or payments, as required and

determined by the regulations, if any, to the Municipality of Central Elgin or

the County of Elgin, or to both.

Same

(2) The

Municipality of Central Elgin or the County of Elgin, or both, shall make such

payment or payments, as required and determined by the regulations, if any, to

the City of St. Thomas.

Order

(1) The

Minister may, by order, provide for the closure of public highways within the

City of St. Thomas, if the Minister is of the opinion that the closure is

necessary or advisable for the purposes of development or redevelopment of

lands, buildings or structures in the annexed area.

Registration

(2) Subject

to subsection (3), an order under subsection (1) may be registered in the

appropriate land registry office in a format acceptable to the Director of

Titles.

Permanent

closure

(3) An

order under subsection (1) that permanently closes a highway shall be

registered in the appropriate land registry office in a format acceptable to

the Director of Titles and does not take effect until it has been registered.

Regulations

(1) The

Minister of Municipal Affairs and Housing may make regulations providing for

any matters which, in the opinion of the Minister, are necessary or advisable

for the purposes of this Act, including,

(

a) providing

for any of the matters described in Ontario Regulation 204/03 (Powers of the

Minister or a Commission in Implementing a Restructuring Proposal) made under

the Municipal Act, 2001 , with respect to the

annexation under this Act;

(

b) requiring

and determining payments for the purposes of

section 9;

(

c) providing

for transitional matters which, in the opinion of the Minister, are necessary

or desirable to,

(

i) facilitate

the implementation of this Act or any provision of this Act, or

(ii) deal

with problems or issues arising as a result of the enactment of this Act.

Retroactivity

(2) A

regulation made under subsection (1) may be made retroactive to a date not

earlier than the effective date.

Conflict

(1) This

Act applies despite any general or special Act

and despite any regulation made under any other Act and, in the event of a conflict

between this Act and another Act or a regulation made under another Act, this

Act prevails.

Same

(2) In

the event of a conflict between a regulation made under subsection 11 (1) and

another provision of this Act, a provision of another Act or a provision of a

regulation made under another Act, the regulation made under subsection 11 (1)

prevails.

Amendments

to this Act

(1) Subsection 2 (1) of this Act is repealed and the following

substituted:

Annexation

(1) The

portion of the Municipality of Central Elgin as prescribed by the regulations

is annexed to the City of St. Thomas.

Same

(1.1) If

a regulation is made for the purposes of subsection (1), the area prescribed by

that regulation is deemed to be annexed as of the effective date and the area

described in the

Schedule to this Act, as it read immediately before its

repeal, is deemed not to have been annexed.

(2) Subsection

11 (1) of this Act is amended by adding the following clause:

(a.1) prescribing

the annexed area for the purposes of subsection 2 (1).

(3) The

Schedule to this Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Section

13 of this Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the St. Thomas - Central

Elgin Boundary Adjustment Act, 2023 .

SCHEDULE

The portion of the Municipality of Central Elgin is described as follows:

1. Lands

located in the Municipality of Central Elgin, in Elgin County, being the lands

described as the Road Allowance between the South half of Lots 8 and 9,

Concession 10 Yarmouth; the Road Allowance between Concession 10 and Range 2,

North of Edgeware Road, Yarmouth; Part of Lots 9-12, Concession 10; Part of Lot

9 and Lots 10-12, Range 2, North of Edgeware Road, Yarmouth; Lots 11-12, Range

1, North of Edgeware Road, Yarmouth; the Road Allowance for Edgeware Road,

Yarmouth; Part of Lot 4 on Registered Plan 261, Yarmouth; Part of Lot 9 and

Lots 11-12, Range 1, South of Edgeware Road, Yarmouth; Part of Lots 11-15,

Concession 9, Yarmouth; Part of the Road Allowance between Concession 9 and

Concession South of Edgeware Road, Yarmouth; Part of Lot 9 Concession South of

Edgeware Road, Yarmouth; the Road Allowance between Concession 9 and Range

South of Edgeware Road, Yarmouth; and the Road Allowance between Lots 12 and 13

South of Edgeware Road, Yarmouth, and more specifically described as:

i. All

the lands as identified by the following Property Identification Numbers and

all registered in the Land Registry Office for the Land Titles Division of

Elgin (no. 11):

A. 352660101

(LT).

B. 352670199

(LT).

C. 352670201

(LT).

D. 352670206

(LT).

E. 352670211

(LT).

F. 352670219

(LT).

G. 352670228

(LT).

H. 352670242

(LT).

I. 352670257

(LT).

J. 352670259

(LT).

K. 352670274

(LT).

L. 352670275

(LT).

M. 352670276

(LT).

N. 352670277

(LT).

O. 352680104

(LT).

P. 352680109

(LT).

Q. 352680145

(LT).

R. 352680148

(LT).

S. 352680149

(LT).

T. 352680153

(LT).

U. 352680155

(LT).

V. 352680157

(LT).

W. 352680162

(LT).

X. 352680163

(LT).

ii. Those

portions of lands known as Highbury Avenue, starting from the boundary limits

for the Municipality of Central Elgin, as identified as part of Property

Identification Number 352680102 (LT), up until the outer limits for the lands

as identified by Property Identification Numbers 352680104 (LT) and 351620180

(LT), registered in the Land Registry Office for the Land Titles Division of

Elgin (no. 11).

iii. Those

portions of lands located on the Ontario Southland Railway up until the

boundary limits for the Municipality of Central Elgin, as identified as part of

Property Identification Number 352680106 (LT), registered in the Land Registry

Office for the Land Titles Division of Elgin (no. 11).

iv. Those

portions of lands described as Part of Lot 9, Range 2, North of Edgeware Road,

Yarmouth, up until the boundary limits for the Municipality of Central Elgin,

as identified as part of Property Identification Number 352680144 (LT),

registered in the Land Registry Office for the Land Titles Division of Elgin

(no. 11).

v. Those

portions of lands described as Part of Lot 10, Range 2, North of Edgeware Road,

Yarmouth, up until the boundary limits for the Municipality of Central Elgin,

as identified by part of Property Identification Number 352680150 (LT),

registered in the Land Registry Office for the Land Titles Division of Elgin (no.

11).

vi. Those

portions of lands known as Yarmouth Centre Road, up until the outer limits of

Ron McNeil Line (County Road 52), in the Municipality of Central Elgin, as

identified as part of Property Identification Number 352710130 (LT), registered

in the Land Registry Office for the Land Titles Division of Elgin (no. 11).

vii. Those

portions of lands known as Edgeware Line, up until the boundary limits for the

Municipality of Central Elgin, as identified as part of Property Identification

Number 352680105 (LT), registered in the Land Registry Office for the Land

Titles Division of Elgin (no. 11).

viii. Those

portions of lands known as Edgeware Line, up until the outer limits of Yarmouth

Centre Road, in the Municipality of Central Elgin, as identified as part of

Property Identification Number 352710133 (LT), registered in the Land Registry

Office for the Land Titles Division of Elgin (no. 11).

ix. Those

portions of lands described as Part of Lot 9, Range 1, South of Edgeware Road,

Yarmouth, up until the boundary limits for the Municipality of Central Elgin,

as identified as part of Property Identification Number 352670241 (LT),

registered in the Land Registry Office for the Land Titles Division of Elgin

(no. 11).

x. Those

portions of lands described as the Road Allowance Between Concession 9 and

Concession South of Edgeware Road, Yarmouth, Part of Lot 9 Concession South of

Edgeware Road, Yarmouth, up until the boundary limits for the Municipality of

Central Elgin, as identified as part of Property Identification Number

352670229 (LT), registered in the Land Registry Office for the Land Titles

Division of Elgin (no. 11).

xi. Those

portions of lands known as Yarmouth Centre Road, up until the outer limits of

the Canadian National Railway, as identified by Property Identification Number

352660101 (LT), registered in the Land Registry Office for the Land Titles

Division of Elgin (no. 11).

Bill 63 Original (PDF)