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Bill 177, Municipal Statute Law Amendment Act, 2002

Hodgson, Hon. Chris Minister of Municipal Affairs and Housing

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As amended by Committee of Whole House

As Amended by Standing Committee

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Bill 177 Royal Assent (PDF)

Bill 177 2002

Act to amend the

Municipal Act, 2001,

the Municipal Elections Act, 1996

and other Acts consequential to

or related to the enactment of the

Municipal Act, 2001

and to revise the Territorial Division Act

CONTENTS

1. Enactment

of

Schedule A

2. Enactment

of

Schedule B

3. Enactment

of

Schedule C

4. Enactment

of

Schedule D

5. Enactment

of

Schedule E

6. Enactment

of

Schedule F

7. Repeals

8. Commencement

9. Short

title

Schedule A Amendments to the Municipal Act, 2001

Schedule B Amendments to the Planning Act

Schedule C Other amendments

Schedule D Amendments to the Municipal Elections

Act, 1996 and to the Education Act

Schedule E Territorial Division Act, 2002

Schedule F Amendments in Table form

______________

Her

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

Province of Ontario, enacts as follows:

Municipal Act, 2001 amended

Schedule

A to this Act is hereby enacted.

Planning Act amended

Schedule

B to this Act is hereby enacted.

Other amendments

Schedule

C to this Act is hereby enacted.

Municipal Elections

Act, 1996

and

Education Act amended

Schedule

D to this Act is hereby enacted.

Territorial Division Act, 2002 enacted

(1) The

Territorial Division Act, 2002 , as set out in

Schedule E, is hereby

enacted.

Repeal

(2) The Territorial Division Act , as

amended by the Statutes of Ontario, 1992,

chapter 27,

section 60, 1993,

chapter

33,

section 72, 1997,

chapter 26, Schedule, 1997,

chapter 33,

section 2 and

2000,

chapter 5,

section 25, is repealed.

Amendments in Table

form

Schedule

F to this Act is hereby enacted.

Repeals

7. The

following are repealed:

1. Barrie-Innisfil Annexation Act, 1981 , being

chapter 63, as amended.

2. Barrie-Vespra Annexation Act, 1984 , being

chapter

41, as amended.

3. The Brantford-Brant Annexation Act, 1980 , being

chapter 43, as amended.

4. The City of Cornwall Annexation Act, 1974 , being

chapter 11.

5. The City of Gloucester Act, 1980 , being

chapter 57.

6. The City of Hamilton Act, 1975 , being

chapter

7. The City of The Lakehead Act, 1968-69 (name

of Act changed by the Statutes of Ontario, 1974,

chapter 45,

section 7 to The

City of Thunder Bay Act, 1968-69 ), being

chapter 56, as amended.

8. The City of Hazeldean-March Act, 1978 (name

of Act changed by Ontario Regulation 905/78 to The City of Kanata Act, 1978 ),

being

chapter 55, as amended.

9. The City of Nepean Act, 1978 , being

chapter

10. City of Ottawa Road Closing and Conveyance

Validation Act, 1981 , being

chapter 52.

11. The City of Port Colborne Act, 1974 , being

chapter

12. The City of Sudbury Hydro-Electric Service Act,

1980 , being

chapter 59, as amended.

13. The City of

Timmins-Porcupine Act, 1972 , being

chapter 117, as amended.

14. The City of Thorold Act, 1975 , being

chapter

15. Community Economic Development Act, 1993 ,

being

chapter 26, as amended.

16. County of Haliburton Act, 1982 , being

chapter

57, as amended.

17. County of Simcoe Act, 1993 , being

chapter 33,

as amended.

18. The District of Parry Sound Local Government Act,

1979 , being

chapter 61, as amended.

19. The Elderly Persons Housing Aid Act, 1952 , being

chapter 27, as amended.

20. London-Middlesex Act, 1992 , being

chapter 27,

as amended.

21. Municipal Elderly Residents’ Assistance Act ,

as amended.

22. Municipal Private Acts Repeal Act, 1983 , being

chapter 73.

23. The Municipal Subsidies Adjustment Repeal Act,

1976 , being

chapter 47.

24. Municipal Unemployment Relief Act .

25. Municipal Works Assistance Act , being

chapter

313 of the Revised Statutes of Ontario, 1980.

26. The Ottawa-Carleton Amalgamations and Elections

Act, 1973 , being

chapter 93.

27. The Police Village of St. George Act, 1980 , being

chapter 45.

28. Public Utilities Corporations Act .

29. The Regional Municipality of Ottawa-Carleton Land

Acquisition Act, 1980 , being

chapter 44.

30. The Rural Housing Assistance Act, 1952 , being

chapter 92.

31. The Tom Longboat Act, 1980 , being

chapter 12.

32. The Town of Wasaga Beach Act, 1973 , being

chapter 79.

33. The Township of North Plantagenet Act, 1976 ,

being

chapter 48.

34. Township of South Dumfries Act, 1989 , being

chapter 51.

35. Wharfs and Harbours Act .

Commencement

(1) Subject

to subsection (2), this Act comes into force on January 1, 2003.

Same

(2) Schedules A, B, C, D, E and F come into

force as provided in the commencement

section at or near the end of each

Schedule.

Same

(3) If a

Schedule provides that any

provisions are to come into force on a day to be named by proclamation of the

Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short title

9. The

short title of this Act is the Municipal Statute Law Amendment Act, 2002 .

SCHEDULE A

AMENDMENTS TO THE

MUNICIPAL ACT, 2001

(1) Section

1 of the Municipal Act, 2001 is amended by adding the following

subsections:

Amount added to tax

roll

(2.1) If, under this or any other Act, an

amount is given priority lien status, the amount may be added to the tax roll

against the property in respect of which the amount was imposed or against any

other property in respect of which the amount was authorized to be added by

this or any other Act.

Amounts imposed by

upper-tier, etc.

(2.2) The treasurer of a local municipality

shall, upon the request of its upper-tier municipality, if any, or of a local

board or school board whose area of jurisdiction includes any part of the local

municipality, add amounts imposed by the upper-tier municipality, local board

or school board, respectively, under subsection (2.1).

(2) Subsection 1 (3) of the Act is repealed

and the following substituted:

Priority lien status

(3) If an amount is added to the tax roll in

respect of a property under subsection (2.1) or (2.2), that amount, including

interest,

(

a) may be

collected in the same manner as taxes on the property;

(

b) may be

recovered with costs as a debt due to the municipality from the assessed owner

of the property at the time the fee or charge was added to the tax roll and from

any subsequent owner of the property or any part of it;

(

c) is a

special lien on the property in the same manner as are taxes under subsection

349 (3); and

(

d) may be

included in the cancellation price under

Part XI in the same manner as are

taxes on the property.

(3) Section 1 of the Act is amended by adding

the following subsection:

General

definitions

(5) Unless the context otherwise requires,

the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”,

“regional municipality”, “single-tier municipality” and “upper-tier

municipality”, when used in any other Act or regulation, have the same meanings

as in subsection (1).

Section

6 of the Act is amended by adding the following subsection:

Extended

power

(2) A municipality, local board or school

board that has the authority to expropriate land may, with the approval of the

Ontario Municipal Board, exercise the authority with respect to land or an

interest in land owned by another municipality, local board or school board

that has the authority to expropriate land.

3. Subsection

9 (2) of the Act is repealed and the following substituted:

Ambiguity

(2) In the event of ambiguity in whether or

not a municipality has the authority to pass a by-law under sections 8 and 11,

the ambiguity shall be resolved so as to include, rather than exclude,

municipal powers that existed on December 31, 2002.

4. The

Table to

section 11 of the Act is amended by,

(

a) striking

out “Durham, Halton, Oxford” in the third column of Item 10 (Economic Development

Services) under the “Exclusive” assignment and substituting “Durham, Oxford”;

(

b) adding

“Halton” after “counties” in the third column of Item 10 (Economic Development

Services) under the “non-exclusive” assignment;

(

c) striking

out “Durham, Halton, Oxford, Peel” in the third column of Item 10 (Economic

Development Services) under the “Exclusive” assignment and substituting

“Durham, Oxford, Peel”; and

(

d) adding

“Halton” before “Lambton” in the third column of Item 10 (Economic Development

Services) under the “non-exclusive” assignment.

Section

12 of the Act is amended by adding “and the power to pass by-laws conferred as

a result of the order or by-law continues” after “continues”.

6. (1) Clause

17 (1) (

e) of the Act is repealed and the following substituted:

(

e) borrow

or invest money or sell debt;

(e.1) incur

debt without borrowing money for the purpose of obtaining long-term financing

of any capital undertaking;

(2) Subsection 17 (1) of the Act is amended

by adding the following clauses:

(h.1) delegate

to any person the powers and duties with respect to the matters described in

clauses (d), (e), (e.1) and (

f) and any other prescribed powers and duties;

(h.2) take any other

prescribed financial action;

(3) Section 17 of the Act is amended by

adding the following subsection:

Regulations

(3) The Minister may make regulations

prescribing powers and duties for the purposes of clause (1) (h.1) and

financial actions for the purpose of clause (1) (h.2).

7. Subsection

19 (2) of the Act is amended by striking out the portion before paragraph 1 and

substituting the following:

Exception, services

(2) A municipality may exercise its

powers, other than its power to impose taxes, to provide a municipal system to

provide a service or thing in an area in another municipality or in unorganized

territory if one of the purposes for so acting is for its own purposes and if

one of the following conditions applies:

. . . .

8. Subsections

29 (4) and (5) of the Act are repealed.

9. The

Act is amended by adding the following section:

Agreement

29.1

(1) If

municipalities having joint jurisdiction over a boundary line highway enter

into an agreement under which each municipality agrees to keep any part of the

highway in repair for its whole width and to indemnify the other municipality

from any loss or damage arising from the lack of repair for that part, the

agreement and a copy of the by-law authorizing the agreement may be registered

in the proper land registry office for the area in which the highway is

located.

Effect

(2) If municipalities enter into an agreement

under subsection (1), each municipality has jurisdiction over that part of the

highway that it has agreed to keep in repair and is liable for any damages that

arise from failure to keep the highway in repair and the other municipality is

relieved from all liability in respect of the repair of that part.

10. The

Act is amended by adding the following section:

Application to court

62.1

(1) A

municipality may apply to a judge of the Superior Court of Justice for an order

requiring the owner of land lying along a highway to remove or alter any

vegetation, building or object on the land that may obstruct the vision of pedestrians

or drivers of vehicles on the highway, cause the drifting or accumulation of

snow or harm the highway if the municipality is unable to enter into an

agreement with the owner of the land to alter or remove the vegetation,

building or object from the land.

Order

(2) Upon application by the municipality

under subsection (1), the judge may make an order, subject to the payment of

such compensation to the owner or other conditions as the judge may fix,

(

a) requiring

the owner of the land to remove or alter the vegetation, building or object in

respect of which the application is made; or

(

b) authorizing

the municipality to enter upon the land, upon such notice to the owner as the

judge max fix, to remove or alter the vegetation, building or object.

Section

63 of the Act is amended by adding the following subsection:

Exception

(3) Subsection (2) does not apply to a

perishable object that comes into the possession of a police force in the circumstances

described in

section 132 of the Police Services Act .

12. Subsection 69 (7) of the Act is amended

by striking out “for its own purposes” and substituting “if one of the purposes

for so acting is for its own purposes”.

Section 70 of the Act is amended by

striking out “for its own purposes” and substituting “if one of the purposes

for so acting is for its own purposes”.

Section 74 of the Act is amended by

striking out “for its own purposes” and substituting “if one of the purposes

for so acting is for its own purposes”.

15. (1) Subsection 78 (1) of the

Act is amended by striking out “municipal highways” and substituting “highways”

and by striking out “municipality which owns the highway” and substituting

“body which owns the highway”.

(2) Subsection 78 (2) of the Act is amended

by striking out “municipal highways” and substituting “highways” and by

striking out “municipality which owns the highway” and substituting “body which

owns the highway”.

(3) Subsection 78 (3) of the Act is amended

by striking out “municipality” and substituting “body”.

Section 93 of the Act is amended by

adding the following subsection:

Interpretation

(3) In this section, “person” does not

include a municipality.

Section

94 of the Act is amended by striking out “for its own purposes” and

substituting “if one of the purposes for so acting is for its own purposes”.

18. Paragraph 2 of

section 99 of the Act is

repealed and the following substituted:

2. The

by-law may prohibit and regulate the message, content and nature of signs,

advertising and advertising devices, including any printed matter, oral or

other communication or thing, promoting adult entertainment establishments, but

nothing in this paragraph limits the power to pass by-laws with respect to any

other business or person.

Section

100 is amended by striking out the portion before clause (

a) and substituting

the following:

Parking lots

100. A

local municipality may, in respect of land not owned or occupied by the

municipality that is used as a parking lot, regulate or prohibit the parking or

leaving of motor vehicles on that land without the consent of the owner of the

land or regulate or prohibit traffic on that land if,

. . . . .

20. The

Act is amended by adding the following section:

Other land

100.1

(1) A

local municipality may, in respect of land not owned or occupied by the

municipality, regulate or prohibit the parking or leaving of motor vehicles

without the consent of the owner of the land.

Exclusion

(2) Subsection (1) does not apply to land

used as a parking lot.

21. Subsection

101 (1) of the Act is amended by adding “or 100.1” after “100”.

22. (1) Subsection

105 (1) of the Act is repealed and the following substituted:

Muzzling of dogs

(1) If a municipality requires the

muzzling of a dog under any circumstances, the council of the municipality

shall, upon the request of the owner of the dog, hold a hearing to determine

whether or not to exempt the owner in whole or in part from the requirement.

(2) Subsection 105 (4) of the Act is amended

by striking out “or leashing requirements” at the end and substituting

“requirement”.

23. (1) Subsection

106 (3) of the Act is amended by adding “or under

section 365.1 of this Act” at

the end.

(2) If

section 3 of the Brownfields

Statute Law Amendment Act, 2001 is in force on December 31, 2002, this

section comes into force on January 1, 2003 but if

section 3 of the Brownfields

Statute Law Amendment Act, 2001 is not in force on December 31, 2002, this

section comes into force on a day to be named by proclamation of the Lieutenant

Governor.

24. (1) Subsection

111 (1) of the Act is amended by striking out “Halton”.

(2) Subsection 111 (2) of the Act is amended

by striking out “Halton”.

25. Subsection

112 (1) of the Act is amended by striking out “Halton”.

26. Subsection

122 (2) of the Act is amended by striking out “the land” in the portion before

clause (

a) and substituting “land”.

27. (1) Subsection

135 (5) of the Act is amended by adding “injuring or” before “destruction”.

(2) Subsection 135 (11) of the Act is amended

by adding “and sections 136 to 140” after “section”.

(3) Clause 135 (12) (

d) of the Act is amended

by adding “after December 31, 2002” after “imposed”.

(4) Clause 135 (12) (

e) of the Act is amended

by adding “after December 31, 2002” after “imposed”.

28. Subsection

137 (1) of the Act is amended by adding “or a court order under subsection 138

(2)” after “or this section”.

Section

138 of the Act is amended by adding the following subsection:

Corporations

(1.1) Despite subsection (1), where the person

convicted is a corporation,

(

a) the

maximum fines in clause (1) (

a) are $50,000 or $5,000 per tree; and

(

b) the

maximum fines in clause (1) (

b) are $100,000 or $10,000 per tree.

30. (1) Subsection

142 (4) of the Act is amended by adding “and sections 143 to 146” after “of

this section”.

(2) Clause 142 (5) (

b) of the Act is amended

by adding “after December 31, 2002” after “imposed”.

(3) Clause

142 (5) (

c) of the Act is amended by adding “after December 31, 2002” after

“imposed”.

31. (1) Subsection

144 (1) of the Act is amended by adding “or a court order under subsection

(18)” after “or this section”.

(2) Section 144 of the Act is amended by

adding the following subsection:

Order upon conviction

(18) If a person is convicted of an offence for

contravening a by-law passed under

section 142 or an order under subsection

(4) or (5) of this section, the court in which the conviction has been entered, and

any court of competent jurisdiction thereafter, may order the person, in such

manner and within such period as the court considers appropriate,

(

a) to

rehabilitate the land;

(

b) to

remove the fill dumped or placed contrary to the by-law or to the permit; or

(

c) to

restore the grade of the land to its original condition.

32. Subsection 148 (3) of

the Act is amended by striking out “on any day” and substituting “for any

period of time”.

33. (1) Clause

150 (8) (

e) of the Act is amended by adding the following subclause:

(

v) requiring

the premises of the business, or part of the premises, to be accessible to

persons with disabilities;

(2) Subsection 150

(8) of the Act is amended by adding the following clause:

(

k) without limiting anything in

clauses (

a) to (j), to require the payment by a licensed business of additional

fees at any time during the term of the licence for costs incurred by the

municipality attributable to the activities of the business.

(3) Subsection

150 (12) of the Act is repealed and the following substituted:

Limitation

(12) Despite subsection (8), a municipality

shall not, except as otherwise provided, refuse to grant a licence for a

business under this Part by reason only of the location of the business.

Compliance with land

use control

by-laws

(12.1) Despite subsection (12), a by-law

licensing 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.

Continuation

(12.2) Despite subsection (12.1), a

municipality shall not refuse to grant a licence by reason only of the location

of the business if the business was being lawfully carried on at that location

at the time the by-law requiring the licence came into force so long as it

continues to be carried on at that location.

(4) Subsection 150 (13) of the Act is amended

by striking out “under this Act” and substituting “under this Part”.

34. Subsection

151 (2) of the Act is repealed and the following substituted:

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;

(

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 the laws of the Province of Ontario.

Section

152 of the Act is repealed.

Section

158 of the Act is amended by striking out “A municipality shall establish and”

at the beginning and substituting “A municipality shall, before January 1,

2005, establish and shall”.

(1) Paragraph

2 of subsection 173 (5) of the Act is amended by striking out “locality” and

substituting “geographic area”.

(2) Paragraph 3 of subsection 173 (5) of the

Act is amended by striking out “locality” and substituting “geographic area”.

(1) Paragraph

5 of the definition of “lower-tier power” in subsection 188 (1) of the Act is

repealed and the following substituted:

5. Economic

development services.

(2) Paragraph 5 of the definition of

“upper-tier power” in subsection 188 (1) of the Act is repealed and the following

substituted:

5. Economic

development services.

39. Clause

203 (2) (

g) of the Act is repealed and the following substituted:

(

g) provide

that prescribed corporations are or are not local boards or, if the definition

of “municipality” in any Act includes local boards, are or are not local boards

that fall within that definition, or are or are not operating public utilities

for the purpose of any Act or any specified provision of any Act, with such

modifications as may be prescribed;

40. (1) Subsection

205 (1) of the Act is repealed and the following substituted:

Budget

(1) A board of management shall prepare a

proposed budget for each fiscal year by the date and in the form required by

the municipality and shall hold one or more meetings of the members of the improvement

area for discussion of the proposed budget.

(2) Subsection 205 (2) of the Act is amended

by striking out “approved budget” and substituting “budget”.

Section

206 of the Act is amended by striking out “or subsection 205 (1)” at the end

and substituting “or for the purposes of a discussion under subsection 205

(1)”.

42. Subsection

208 (7) of the Act is repealed and the following substituted:

Priority lien status

(7) Charges levied under this

section shall

have priority lien status and shall be added to the tax roll.

43. (1) Subsection

218 (5) of the Act is amended by striking out “Lieutenant Governor in Council”

and substituting “Minister”.

(2) Subsection 218 (6) of the Act is amended

by striking out “Lieutenant Governor in Council” and substituting “Minister”.

(3) Subsection 218 (7) of the Act is amended

by striking out “Lieutenant Governor in Council” and substituting “Minister”.

(1) Paragraph

2 of subsection 237 (1) of the Act is amended by striking out “Waterloo”.

(2) Section 237 of the Act is amended by

adding the following subsection:

Waterloo

(3) The council of the upper-tier

municipality of Waterloo may adopt a different quorum requirement that requires

the attendance of more than a majority of its members.

45. (1) Subsection

266 (1) of the Act is repealed and the following substituted:

Minister’s order

(1) If the council of a municipality is

unable to hold a meeting for a period of 60 days because of a failure to obtain

a quorum, the Minister may by order declare all the offices of the members of

the council to be vacant and a by-election shall be held in accordance with the

Municipal Elections Act, 1996 .

(2) Subsection

266 (3) of the Act is amended by striking out “or of a local board” and by

striking out “or local board”.

46. (1) Subsection

283 (5) of the Act is amended by adding “or (3)” after “255 (2)”.

(2) Subsection 283 (7) of the Act is amended

by adding “On or after December 1, 2003” at the beginning.

(3) Section 283 of the Act is amended by

adding the following subsections:

If by-law passed under subs. 255 (2)

of old Act

(8) If the City of Mississauga, the City of

Toronto or the Town of Markham, as the case may be, passes a resolution under

subsection 255 (2) of the old Act and, as of January 1, 2003, is deemed to have

passed a by-law under subsection (5), then, despite subsection (6), the by-law

shall not be repealed by the City of Mississauga, the City of Toronto or the

Town of Markham, as the case may be, unless the municipality proposing to repeal

the by-law first ceases to provide any pension benefits under the City of

Mississauga Act, 1988,

section 13 of the City of Toronto Act, 1997 (No.

2) or the Town of Markham Act, 1989 , respectively.

by-law not passed under subs. 255 (2)

of old Act

(9) If the City of Mississauga, the City of

Toronto or the Town of Markham, as the case may be, does not pass a resolution

under subsection 255 (2) of the old Act,

(

a) despite

the City of Mississauga Act, 1988 ,

section 13 of the City of Toronto

Act, 1997 (No. 2) or the Town of Markham Act, 1989 , the City of

Mississauga, the City of Toronto or the Town of Markham, as the case may be,

shall not provide a contribution for a pension under those provisions and no

calculation of a pension or combination of a pension with another pension shall

be made under those provisions in respect of service of a council member after

that date; and

(

b) any pension

benefit earned or accruing under those provisions with respect to service on or

before December 31, 2002 shall continue.

Regulation

(10) The Minister may, by regulation,

prescribe transition rules in respect of the matters set out in subsections (8)

and (9).

Section

286 of the Act is amended by adding the following subsections:

Delegation

(5) The municipality 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.

Continuation despite

delegation

(6) The treasurer may continue to exercise

the delegated powers and duties, despite the delegation.

48. (1) Subsection

305 (1) of the Act is amended by adding “in accordance with the prescribed

rules and conditions” at the end.

(2) Subsection 305 (3) of the Act is repealed

and the following substituted:

Regulations

(3) The Minister may make regulations,

(

a) prescribing

debt for the purpose of this section;

(

b) prescribing

rules and conditions for the purpose of subsection (1).

49. (1) Subsection

311 (1) of the Act is amended by adding the following

definitions:

“commercial

classes” has the meaning given to that expression by subsection 308 (1);

(“catégories commerciales”)

“industrial classes” has the meaning given to that

expression by subsection 308 (1); (“catégories industrielles”)

“optional property class” has the meaning given to that

expression by subsection 308 (1); (“catégorie de biens facultative”)

(2) Section 311 of the Act is amended by

adding the following subsection:

Exception

(8.1) Despite subsection (8), if a

municipality opts to have an optional property class apply within a taxation

year, the municipality may establish an average tax ratio for the commercial

classes or for the industrial classes for that year, whichever includes the

optional property class, using the assessment as determined under subsection

(3), and the average tax ratio must not exceed the tax ratio prescribed under

clause (9) (a).

50. (1) Subsection

312 (1) of the Act is amended by adding the following

definitions:

“commercial classes” has the meaning

given to that expression by subsection 308 (1); (“catégories commerciales”)

“industrial

classes” has the meaning given to that expression by subsection 308 (1);

(“catégories industrielles”)

“optional

property class” has the meaning given to that expression by subsection 308 (1);

(“catégorie de biens facultative”)

(2) Section 312 of the Act is amended by

adding the following subsections:

Later date

(3.1) Despite subsection (3), an upper-tier

municipality may, by agreement with a majority of its lower-tier municipalities

representing at least two-thirds of the total weighted assessment of all its

lower-tier municipalities, provide by by-law for a later date than that

provided in clause (3) (

b) and that later date shall be applicable to all its

lower-tier municipalities.

Definition

(3.2) In subsection (3.1),

“weighted

assessment” means the assessment for a property multiplied by the tax ratio

established under

section 308 for the property class the property is in.

Limitation

(3.3) An agreement under subsection (3.1) for

a taxation year shall not be entered into after the day the by-law mentioned in

subsection 311 (2) is passed for the taxation year.

. . . .

Exception

(8.1) Despite subsection (8), if a

municipality opts to have an optional property class apply within a taxation

year, the municipality may establish an average tax ratio for the commercial

classes or for the industrial classes for that year, whichever includes the

optional property class, using the assessment as determined under subsection (3),

and the average tax ratio must not exceed the tax ratio prescribed under clause

(9) (a).

Section

315 of the Act is amended by adding the following subsection:

Retroactive

(13) Regulations under subsection (12) are,

if they so provide, effective with reference to periods before they are filed.

52. Subsection

319 (1) of the Act is amended by striking out “2001” in the portion before

clause (

a) and substituting “1998”.

(1) Clause

(

b) of the definition of “supporting municipality” in subsection 321 (1) of the

Act is repealed and the following substituted:

(

b) a

municipality that is located wholly or partly within an area under the

jurisdiction of a district board or local board and against which an apportionment

is to be made in any year by the district board or local board.

(2) Subsection 321 (2) of the Act is amended

by striking out “conservation authority”.

54. (1) Subsection

329 (1) of the Act is amended by striking out “under

section 330” in the

portion before paragraph 1 and substituting “under sections 330 and 331”.

(2) Paragraph 5 of

subsection 329 (2) of the Act is amended by striking out “clause 357 (1) (a),

(

c) or (f)” and substituting “clause 357 (1) (a), (b), (c), (

d) or (f)”.

(3) Subsection 329 (2)

of the Act is amended by adding the following paragraph:

7. For the purposes of paragraph 1, the taxes for

municipal purposes in respect of a property that is referred to in subsection

328 (2) and for which the taxes were limited during the preceding year to

two-thirds of the taxes for municipal purposes that would otherwise have been

levied on the property but for that subsection, shall be the taxes for municipal

purposes that will be levied on the property in the taxation year.

(4) Section 329 of the

Act is amended by adding the following subsections:

Cancellation, reduction

or refund of tax

under s. 357

(5.1) If a municipality cancels, reduces or

refunds taxes for a taxation year on an application made under clause 357 (1)

(

d) or under such other provision of this Act as the Minister of Finance may prescribe,

the amount of the cancellation, reduction or refund is calculated using the

formula,

B/C

´ D

in which,

“B” is

the amount of the cancellation, reduction or refund of taxes for the year but

for the application of this Part,

“C” is

the amount of taxes for the year (without deducting the amount of the

cancellation, reduction or refund of taxes) that would have been payable but

for the application of this Part, and

“D” is

the amount of taxes for the year that would be payable under this

Part if no

application were made.

Prescribed

provision

(5.2) The Minister of Finance may prescribe

by regulation one or more provisions of this Act for the purposes of subsection

(5.1).

55. (1) Subsection

331 (2) of the Act is amended by adding “Despite any other provision in this

Part” at the beginning.

(2) Subsection 331 (16) of the Act is amended

by striking out “property” and substituting “eligible property”.

(3) Clauses

(

c) and (

d) of the definition of “eligible property” in subsection 331 (20) of

the Act are repealed and the following substituted:

(

c) that was

subdivided or was subject to a severance,

(

d) whose

classification changes for 2001 or a later year, or

(

e) that is

prescribed by the Minister of Finance;

(4) Section 331 of the Act is amended by

adding the following subsections:

Regulations

(21) The Minister of Finance may make

regulations,

(

a) prescribing

properties and classes of properties that are deemed to be “eligible property”

for the purposes of this section;

(

b) prescribing

properties and classes of properties that are deemed not to be “eligible

property” for the purposes of this section.

Retroactivity

(22) A regulation under subsection (21) is,

if it so provides, effective with reference to a period before it is filed.

56. Subsection

334 (1) of the Act is amended by striking out “council” and substituting

“treasurer of a local municipality”.

57. The

Act is amended by adding the following section:

Adjustments

337.1

(1) A local

municipality that is required to make payments to a body under

section 353

shall,

(

a) in the case of a

deficiency of taxes for the body caused by the cancellation, reduction, refund

or writing off of taxes, charge back to every such body its share of the

deficiency in the same proportions as the bodies share in the revenues from

taxes;

(

b) in the case of a

surplus of taxes for the body caused by the application of this Part, credit

every such body with its share of the surplus in the same proportions as the

bodies share in the revenues from taxes.

Interpretation

(2) For the purpose of this section, any

deficiency or surplus shall be determined by reference to the taxes determined

under this Part and not to the taxes that would have been imposed but for the

application of this Part.

Retroactive

commencement

(3) This

section shall be deemed to have come

into force on January 1, 2001 but, for 2001 and 2002, the references to “Part”

and “section 353” in this

section shall be deemed to be references to “Part

XXII.3” and “section 421” of the old Act, respectively.

58. (1) Subsection

340 (2) of the Act is amended by striking out “rateable” in the portion before

clause (a).

(2) Clause 340 (2) (

c) of the Act is repealed

and the following substituted:

(

c) the

name of every person against whom land is assessed, including a tenant assessed

under

section 18 of the Assessment Act;

59. Subsection

345 (9) of the Act is repealed and the following substituted:

Not retroactive

(9) Interest under subsection (6) begins to

accrue after the later of,

(

a) in

the case of overpayments described in clause (6) (a), the day the error is

corrected and, in the case of overpayments described in clause (6) (b), 120

days after the day the Assessment Review Board notifies the municipality of the

change; and

(

b) January

1, 2003.

Late payment charges

(9.1) Late payment charges shall be cancelled

or refunded under subsection (7) if they were imposed with respect to a period

after the later of,

(

a) the

day the error is corrected or the change is made; and

(

b) January

1, 2003.

Interest payments to be

apportioned

(9.2) The costs of interest payments with

respect to overpayments of taxes for a year on a property under subsection

(6) shall be shared by the municipalities and other bodies that share in the

revenue from the taxes on the property in the same proportion as the

municipalities and bodies share in those revenues for that year.

60. Paragraphs 1 and 2 of subsection 347

(1) of the Act are repealed and the following substituted:

1. The

payment shall first be applied against late payment charges owing in respect of

those taxes according to the length of time the charges have been owing, with

the charges imposed earlier being discharged before charges imposed later.

2. The

payment shall then be applied against the taxes owing according to the length

of time they have been owing, with the taxes imposed earlier being discharged

before taxes imposed later.

61. Clause

354 (2) (

b) of the Act is amended by striking out “or 365” and substituting “365,

365.1 or 365.2”.

62. Clauses

357 (1) (

b) and (

c) of the Act are repealed and the following substituted:

(

b) the

land has become vacant land or excess land during the year or during the

preceding year after the return of the assessment roll for the preceding year;

(

c) the

land has become exempt from taxation during the year or during the preceding

year after the return of the assessment roll for the preceding year;

63. (1) Subsection

359 (1) of the Act is amended by adding “respect of” after “in the year in”.

(2) Section 359 of the Act is amended by

adding the following subsection:

Deadline

(2.1) An application under this

section must

be made on or before December 31 of the year following the year in respect of

which the application is made.

Section

361 of the Act is amended by adding the following subsections:

Change of assessment

(10.1) The following apply if the assessment

of an eligible property for a year changes as a result of a request under

section

39.1 of the Assessment Act , a complaint under

section 40 of that Act or

an application under

section 46 of that Act:

1. A

rebate under subsection (3) with respect to the year shall be redetermined

using the new taxes on property for the year based on the new assessment.

2. If,

as a result of a redetermination under paragraph 1, the amount of the rebate is

increased, the increased amount shall be paid to the eligible charity in

accordance with this section.

3. If,

as a result of a redetermination under paragraph 1, the amount of the rebate is

decreased and amounts paid on account of the rebate exceed the redetermined

amount of the rebate, the excess payments are a debt due to the municipality

which gave the rebate but the municipality shall not take any action to collect

the debt, including the imposition of interest, until 120 days after providing

the eligible charity with notice of the debt.

. . . .

Interpretation

(12) In this section, “tax” includes charges

under

section 208.

65. Subsection

362 (4) of the Act is amended by striking out “The cost of a tax reduction for

a property shall be shared” at the beginning and substituting “The amount of a

tax reduction for a property shall be shared”.

Section

363 of the Act is repealed.

67. (1) Subsection

364 (11) of the Act is amended by striking out “The costs of a rebate of taxes

on a property shall be shared” at the beginning and substituting “The amount of

a tax rebate with respect to a property shall be shared”.

(2) Subsection 364 (22) of the Act is amended

by striking out “shall be deemed to be taxes for municipal and school purposes

under this Act” at the end and substituting “shall have priority lien status

and shall be added to the tax roll”.

(3) Section 364 of the Act is amended by

adding the following subsection:

Interpretation

(25) In this section, “tax” includes charges

under

section 208.

(1) The

Act is amended by adding the following section:

Cancellation of taxes,

rehabilitation and

development period

Definitions

365.1

(1) In

this section,

“community

improvement plan” and “community improvement project area” have the same

meanings as in subsection 28 (1) of the Planning Act ; (“plan

d’améliorations communautaires”, “zone d’améliorations communautaires”)

“development period” means, with respect to an eligible

property, the period of time starting on the date the rehabilitation period

ends and ending on the earlier of,

(

a) the

date specified in the by-law made under subsection (3), or

(

b) the

date that the tax assistance provided for the property equals the sum of,

(

i) the cost of any action taken to reduce the

concentration of contaminants on, in or under the property to permit a record

of site condition to be filed in the Environmental Site Registry under

section

168.4 of the Environmental Protection Act , and

(ii) the cost of complying with any certificate of

property use issued under

section 168.6 of the Environmental Protection Act ;

(“période d’aménagement”)

“eligible property” means property for which a phase two

environmental site assessment has been conducted,

(

a) that

is included under

section 28 of the Planning Act in a community

improvement project area for which a community improvement plan is in effect

containing provisions in respect of tax assistance under this section, and

(

b) that,

as of the date the phase two environmental site assessment was completed, did

not meet the standards that must be met under subparagraph 4 i of

subsection 168.4 (1) of the Environmental Protection Act to permit a

record of site condition to be filed under that subsection in the Environmental

Site Registry; (“bien admissible”)

“phase two environmental site assessment” has the same

meaning as in

Part XV.1 of the Environmental Protection Act ;

(“évaluation environnementale de site de phase II”)

“rehabilitation period” means, with respect to an eligible

property, the period of time starting on the date that tax assistance begins to

be provided under this

section for the property and ending on the earliest of,

(

a) the

date that is 18 months after the date that the tax assistance begins to be

provided,

(

b) the

date that a record of site condition for the property is filed in the

Environmental Site Registry under

section 168.4 of the Environmental Protection

Act , and

(

c) the

date that the tax assistance provided for the property equals the sum of,

(

i) the cost of any action taken to reduce the

concentration of contaminants on, in or under the property to permit a record

of site condition to be filed in the Environmental Site Registry under

section

168.4 of the Environmental Protection Act , and

(ii) the cost of complying with any certificate of

property use issued under

section 168.6 of the Environmental Protection Act ;

(“période de réhabilitation”)

“tax assistance” means,

(

a) if

a by-law made under this

section provides for the cancellation of taxes levied

on eligible property, the taxes for municipal and school purposes that are

cancelled on the property during the rehabilitation period and the development

period of the property pursuant to the by-law, and

(

b) if

a by-law made under this

section provides that the taxes shall not be increased

on eligible property, the difference between,

(

i) the amount of taxes for municipal and school

purposes that would have been levied on the property during the rehabilitation

period and the development period of the property in the absence of the by-law,

and

(ii) the amount of taxes for municipal and school

purposes that are levied on the property during the rehabilitation period and

the development period of the property. (“aide fiscale”)

Cancellation of taxes,

rehabilitation period

(2) Subject to subsection (6), a local

municipality may pass a by-law providing for the cancellation of all or a

percentage of the taxes levied on eligible property for municipal and school

purposes during the rehabilitation period of the property, or providing that

the taxes on the property shall not be increased during the rehabilitation

period of the property, on such conditions as the municipality may determine.

Same, development

purposes

(3) Subject to subsection (6), if a local

municipality has passed a by-law under subsection (2), it may also pass a

by-law providing for the cancellation of all or a percentage of the taxes

levied on eligible property for municipal and school purposes during the

development period of the property, or providing that the taxes shall not be

increased on the property during the development period of the property, on

such conditions as the municipality may determine.

Notice to upper-tier

municipality, etc.

(4) If a lower-tier municipality intends to

pass a by-law under subsection (2) or (3), it shall give a copy of the proposed

by-law to the upper-tier municipality and the upper-tier municipality may, by

resolution, agree that the by-law may also provide for the cancellation of all

or a percentage of the taxes levied for upper-tier purposes or that the taxes

levied for upper-tier purposes shall not be increased, and the by-law so agreed

to by the upper-tier municipality and passed by the local municipality is

binding on the upper-tier municipality.

Notice to Minister of

Finance

(5) If a local municipality intends to pass a

by-law under subsection (2) or (3), it shall give the Minister of Finance the

following information:

1. A

copy of the proposed by-law.

2. If

a copy of the proposed by-law was given to an upper-tier municipality under

subsection (4) and the upper-tier municipality has agreed that the by-law may

also provide for the cancellation of all or a percentage of the taxes levied

for upper-tier purposes or that the taxes levied for upper-tier purposes shall

not be increased, a copy of the resolution of the upper-tier municipality.

3. An

estimate of how much the tax assistance to be provided under the by-law will

cost the local municipality.

4. The

tax rates currently applicable to the eligible property and its assessment and

property class.

5. The

taxes currently levied on the eligible property for municipal purposes and for

school purposes.

Agreement of Minister

of Finance

(6) A by-law under subsection (2) or (3) does

not apply to taxes for school purposes unless, before the by-law is passed, it

is approved in writing by the Minister of Finance and, in giving approval, the

Minister of Finance may require that the by-law contain such conditions or

restrictions with respect to taxes for school purposes as he or she considers

appropriate.

Copy of by-law to be

given

(7) If a local municipality passes a by-law

under subsection (2) or (3), it shall, within 30 days, give a copy of the

by-law to the Minister and to the Minister of Finance.

Application by owner of

an eligible property

(8) The owner of an eligible property may

apply to the local municipality to receive tax assistance and shall provide to

the municipality such information as the municipality may require.

Approval by

municipality

(9) Upon approval of an application made

under subsection (8), the local municipality shall advise the owner of the eligible

property of the commencement date of the tax assistance and provide the owner

with an estimate of the maximum amount of the tax assistance for the property

during the rehabilitation period of the property.

Estimate of tax

assistance

(10) If a local municipality has passed a

by-law under subsection (3), it shall provide the owner with an estimate of the

maximum amount of the tax assistance for the property during the development

period of the property.

Notice to the Minister

of Finance

(11) The local municipality shall, within 30

days after providing the owner of eligible property with information under

subsection (9) or (10), provide a copy of the information to the Minister of

Finance, along with such other information as may be prescribed by the

regulations under subsection (27).

Tax cancellation for

portion of a year

(12) If the tax assistance provided with

respect to a property under this

section is for a portion of a taxation year,

the amount of the tax assistance shall apply only to that portion of the year,

and the taxes otherwise payable shall apply to the other portion of the year.

Sharing costs,

single-tier

(13) If a by-law is passed under subsection

(2) by a single-tier municipality, the amount of the tax assistance shall be

shared by the municipality and the school boards that share in the revenues

from the taxes on the property affected by the by-law in the same proportion

that tax assistance is provided under the by-law.

Sharing costs,

lower-tier

(14) If a by-law is passed under subsection

(2) by a lower-tier municipality and the by-law applies to the upper-tier municipality,

the amount of the tax assistance shall be shared by the municipalities and the

school boards that share in the revenue from the taxes on the property affected

by the by-law in the same proportion that tax assistance is provided under the

by-law.

Where by-law does not

apply

to upper-tier

(15) If a by-law is passed under subsection

(2) by a lower-tier municipality and the by-law does not apply to the

upper-tier municipality, the amount of the tax assistance shall be shared by

the lower-tier municipality and the school boards that share in the revenue

from the taxes on the property affected by the by-law in the same proportion

that the tax assistance is provided under the by-law, but the taxes for

upper-tier purposes shall not be affected.

Where by-law does not

apply

to taxes for school purposes

(16) Despite subsections (13), (14) and (15),

if a by-law made under subsection (2) does not apply to taxes for school purposes,

the amount of the tax assistance does not affect the amount of taxes for school

purposes to be paid to the school boards.

Sharing costs, if

by-law

under subs. (3)

(17) If a by-law is passed under subsection

(3) by a single-tier municipality, the amount of the tax assistance shall be

shared by the municipality and the school boards that share in the revenues

from the taxes on the property affected by the by-law in the same proportion

that tax assistance is provided under the by-law.

Sharing costs,

lower-tier

(18) If a by-law is passed under subsection

(3) by a lower-tier municipality and the by-law applies to the upper-tier municipality,

the amount of the tax assistance shall be shared by the municipalities and the

school boards that share in the revenue from the taxes on the property affected

by the by-law in the same proportion that tax assistance is provided under the

by-law.

Where by-law does not

apply

to upper-tier

(19) If a by-law is passed under subsection

(3) by a lower-tier municipality and the by-law does not apply to the

upper-tier municipality, the amount of the tax assistance shall be shared by

the lower-tier municipality and the school boards that share in the revenue

from the taxes on the property affected by the by-law in the same proportion

that the tax assistance is provided under the by-law, but the taxes for

upper-tier purposes shall not be affected.

Where by-law does not

apply

to taxes for school purposes

(20) Despite subsections (17), (18) and (19),

if a by-law made under subsection (3) does not apply to taxes for school purposes,

the amount of the tax assistance does not affect the amount of taxes for school

purposes to be paid to the school boards.

Refund or credit

(21) If an application made under subsection

(8) is approved with respect to a property and the taxes for which the tax

assistance is given have been paid, the local municipality may refund the taxes

to the extent required to provide the tax assistance or may credit the amount

to be refunded to an outstanding tax liability of the owner of the eligible

property with respect to the property.

Tax roll

(22) The treasurer of the local municipality

shall alter the tax roll in accordance with the tax assistance to be provided

for an eligible property pursuant to the approval of an application made under

subsection (8).

Notice to municipality

(23) If the owner of an eligible property

files a record of site condition with respect to the property in the Environmental

Site Registry under

section 168.4 of the Environmental Protection Act ,

the owner shall, within 30 days, notify the local municipality of the filing

and, within 30 days after receiving the notice, the municipality shall advise

the Minister of Finance of the filing.

Repeal or amendment of

by-law

(24) A local municipality that has passed a

by-law under subsection (2) or (3) may repeal or amend the by-law, but the

repeal or amendment does not affect any property in respect of which an

application made under subsection (8) has been approved.

Application of

provisions

(25) Subsections (4), (5), (6) and (7) apply,

with necessary modifications, to the amendment of a by-law passed under subsection

(2) or (3), and subsections (4) and (7) apply, with necessary modifications, to

the repeal of a by-law passed under subsection (2) or (3).

Regulations

(26) The Minister may make regulations governing

by-laws under subsection (2) or (3).

Regulations by Minister

of Finance

(27) The Minister of Finance may make

regulations specifying additional information to be provided by a municipality

under subsection (11).

Application

(28) This

section applies to the portion of

the taxation year remaining in the taxation year in which this

section comes

into force and to subsequent taxation years.

(2) If

section 3 of the Brownfields

Statute Law Amendment Act, 2001 is in force on December 31, 2002, this

section comes into force on January 1, 2003 but if

section 3 of the Brownfields

Statute Law Amendment Act, 2001 is not in force on December 31, 2002, this

section comes into force on a day to be named by proclamation of the Lieutenant

Governor.

69. The

Act is amended by adding the following sections:

Tax reduction for

heritage property

365.2

(1) Despite

section 106, a local municipality may establish a program to provide tax

reductions or refunds in respect of eligible heritage property.

Definition

(2) In this section,

“eligible

heritage property” means a property or portion of a property,

(

a) that

is designated under

Part IV of the Ontario Heritage Act or is part of a

heritage conservation district under

Part V of the Ontario Heritage Act,

(

b) that

is subject to,

(

i) an easement agreement with the local

municipality in which it is located, under

section 37 of the Ontario Heritage

Act ,

(ii) an easement agreement with the Ontario

Heritage Foundation, under

section 22 of the Ontario Heritage Act , or

(iii) an agreement with the local municipality in

which it is located respecting the preservation and maintenance of the

property, and

(

c) that

complies with any additional eligibility criteria set out in the by-law passed

under this

section by the local municipality in which it is located.

Amount of tax reduction

(3) The amount of the tax reduction or refund

provided by a local municipality in respect of an eligible heritage property

must be between 10 and 40 per cent of the taxes for municipal and school

purposes levied on the property that are attributable to,

(

a) the

building or structure or portion of the building or structure that is the

eligible heritage property; and

(

b) the

land used in connection with the eligible heritage property, as determined by

the local municipality.

By-law requirements

(4) In a by-law under this section, the local

municipality,

(

a) must

specify a percentage that satisfies the requirements of subsection (3) that

will be used in calculating the amount of the tax reduction or refund to be

provided in respect of eligible heritage properties;

(

b) may

specify different percentages of tax that satisfy the requirements of

subsection (3) for different property classes or different types of properties

within a property class;

(

c) may

specify a minimum or maximum amount of taxes for a year to be reduced or

refunded under the by-law;

(

d) may

specify additional criteria that must be satisfied in order for a property to

qualify as an eligible heritage property and may specify different criteria for

properties in different property classes;

(

e) may

establish procedures for applying for a tax reduction or refund for one or more

years.

Notice to Minister of

Finance

(5) A local municipality shall deliver a copy

of a by-law under this

section to the Minister of Finance within 30 days after

the by-law is passed.

Notice to upper-tier

municipality

(6) A lower-tier municipality that passes a

by-law under this

section shall notify the upper-tier municipality of the

amount of taxes to be reduced or refunded for lower-tier purposes under the

by-law.

Tax reduction or refund

by upper-tier municipality

(7) An upper-tier municipality that receives

a notice under subsection (6) may pass a by-law to authorize a similar reduction

or refund of taxes levied for upper-tier purposes.

Sharing of tax

reduction or refund

(8) The following rules apply if a local

municipality passes a by-law under this section:

1. If

the local municipality is a single-tier municipality, the amount of the tax

reduction or refund must be shared by the municipality and the school boards in

the same proportion that they share in the revenue from taxes from the properties

to which the tax reduction or refund relates.

2. If

the local municipality is a lower-tier municipality and the upper-tier

municipality passes a by-law described in subsection (7), the tax reduction or

refund must be shared by both municipalities and the school boards in the same

proportion that they share in the revenue from taxes from the properties to

which the tax reduction or refund relates.

3. If

the local municipality is a lower-tier municipality and the upper-tier

municipality does not pass a by-law described in subsection (7), the tax reduction

or refund must be shared,

i. without

affecting the taxes levied for upper-tier purposes, by the lower-tier

municipality and the school boards in the same proportion that they share in

the revenue from taxes from the properties to which the tax reduction or refund

relates, or

ii. by

the school boards in the same proportion that they share in the revenue from

taxes from the properties to which the tax reduction or refund relates and by

the lower-tier municipality in respect of the taxes levied for both lower-tier

and upper-tier purposes.

Application

(9) The following rules apply if a local

municipality passes a by-law under this section:

1. An

owner of an eligible heritage property in the municipality may obtain the tax

reduction or refund for a year if the owner applies to the local municipality

not later than the last day of February in the year following the first year

for which the owner is seeking to obtain the tax reduction or refund.

2. The

local municipality may, in the by-law, require owners of eligible heritage

properties to submit applications for the tax reduction or refund in one or

more years following the year of initial application.

Apportionment by

assessment corporation

(10) A local municipality may request

information from the assessment corporation concerning the portion of a

property’s total assessment that is attributable to the building or structure

or portion of the building or structure that is eligible heritage property and

the land used in connection with it.

Same

(11) The assessment corporation shall provide

the information requested by a local municipality under subsection (10) within

90 days after receiving the request.

Application against

outstanding tax liability

(12) A local municipality may apply all or

part of the amount of a tax reduction or refund in respect of an eligible

heritage property against any outstanding tax liability in respect of the

property.

Owner may retain

benefit

(13) An owner of an eligible heritage

property may retain the benefit of any tax reduction or refund obtained under this

section, despite the provisions of any lease or other agreement relating to the

property.

Penalty

(14) If the owner of an eligible heritage

property demolishes the property or breaches the terms of an agreement

described in clause (

b) of the definition of “eligible heritage property” in

subsection (2), the local municipality may require the owner to repay part or

all of any tax reductions or refunds provided to the owner for one or more

years under a by-law under this section.

Interest

(15) A local municipality may require the

owner to pay interest on the amount of any repayment required under subsection

(14), at a rate not exceeding the lowest prime rate reported to the Bank of

Canada by any of the banks listed in

Schedule I to the Bank Act (Canada),

calculated from the date or dates the tax reductions or refunds were provided.

Sharing of repayment

(16) Any amount paid under subsection (14) or

(15) to a local municipality in respect of a property must be shared by the

municipalities and school boards that share in the revenue from taxes on the

property, in the same proportion that they shared in the cost of the tax

reduction or refund on the property under this section.

Collection remedies

(17) Sections 349 and 350 apply in respect of

an amount owing under subsection (14) or (15).

Regulations

(18) The Minister of Finance may make

regulations,

(

a) governing

by-laws under this section, including procedures for a tax reduction or refund;

(

b) governing

the provision of tax reductions or refunds under by-laws passed under this

section, including the establishment of deadlines for payments of refunds by

municipalities.

Change

of assessment

365.3 If the assessment of a

property for a year changes as a result of a request under

section 39.1 of the Assessment

Act , a complaint under

section 40 of that Act or an application under

section 46 of that Act, tax relief provided under sections 319, 345, 357, 358,

362, 364, 365, 365.1 and 365.2 and tax increases provided under

section 359

shall be redetermined using the new taxes on property for the year based on the

new assessment and the tax roll for the year shall be amended to reflect the

determination.

(1) Subparagraph 1 iii of

subsection 368 (7) of the Act is repealed and the following substituted:

iii. the

amount of the business improvement area charges for the property for the year

or an estimate of the amount of the charges for the property for the year if

not yet determined.

(2) Paragraph 3 of

subsection 368 (7) of the Act is repealed and the following substituted:

3. The

landlord shall provide the tenant with a notice of the adjustments, if any, to

be made after the business improvement area charges for the taxation year are

determined.

Part

X of the Act is amended by adding the following section:

Urban service areas

370.1

(1) Despite

the repeal of sections 14 and 15 of the Municipal Act , any order made

under those sections continues to apply to the municipalities to which the

order relates and the Ontario Municipal Board may continue to exercise its

powers under these sections with respect to urban service areas and other areas

existing on December 31, 2002.

Special case,

dissolution

(2) Despite subsection (1), a municipality

may dissolve an area to which subsection (1) applies without the approval or

order of the Ontario Municipal Board and without holding a public hearing.

72. (1) Subsection

371 (1) of the Act is amended by adding the following definition:

“environmental

site assessment” means an investigation in relation to land to determine the

environmental condition of the land, and includes a phase one environmental

site assessment or phase two environmental site assessment, both within the

meaning of

Part XV.1 of the Environmental Protection Act ; (“évaluation

environnementale de site”)

(2) If

section 4 of the Brownfields

Statute Law Amendment Act, 2001 is in force on December 31, 2002, this

section comes into force on January 1, 2003 but if

section 4 of the Brownfields

Statute Law Amendment Act, 2001 is not in force on December 31, 2002, this

section comes into force on a day to be named by proclamation of the Lieutenant

Governor.

73. The

definition of “real property taxes” in subsection 371 (1) of the Act is amended

by adding “and any amounts given priority lien status by or under any Act” at

the end.

74. The

Act is amended by adding the following section:

Collection of tax

arrears by upper-tier municipality

385.1

(1) An

upper-tier municipality may by by-law enter into an agreement with any local

municipality within the upper-tier municipality authorizing the treasurer of

the upper-tier municipality to perform the duties of a treasurer under this

Part in respect of land within the local municipality and providing for,

(

a) the

payment to the upper-tier municipality of that portion of the cancellation

price that reflects the reasonable costs incurred by the upper-tier municipality;

(

b) the

method of cancelling any such agreement; and

(

c) such

other matters as are necessary to carry out the agreement.

Upper-tier treasurer,

etc.

(2) Where an agreement is in force under this

section, the treasurer of the upper-tier municipality has all of the powers of

the treasurer of the local municipality in relation to the collection of tax

arrears, including the power to sell land under this Part, and the treasurer of

the upper-tier municipality shall perform all of the duties of the treasurer of

the local municipality in relation thereto and only the upper-tier municipality

may pass by-laws under sections 378 and 385.

Treasurer of local

municipality

(3) Where an agreement under this

section is

in force, the treasurer of the local municipality shall provide the treasurer

of the upper-tier municipality with such information and assistance as is

needed by the treasurer of the upper-tier municipality to exercise the powers

and duties of a treasurer under this Part.

Cancellation of

agreement

(4) Subject to the terms of the agreement,

the upper-tier municipality may by by-law cancel at any time an agreement entered

into under this section.

Notice of cancellation

(5) Where a by-law is passed under subsection

(4), the clerk of the municipality passing the by-law shall forthwith send a

certified copy of the by-law by registered mail to the treasurer of the other

municipality.

Effect of repeals

(6) Where an agreement under this

section is

cancelled, the treasurer of the local municipality shall assume the duties of a

treasurer under this

Part in respect of all land within the municipality except

the land referred to in subsection (7).

Same

(7) Where an agreement under this

section is

cancelled, any proceedings under this Part started by the treasurer of the upper-tier

municipality in respect of land within the local municipality affected by the

repeal or cancellation shall be continued and concluded by the treasurer of the

upper-tier municipality.

Section

386 of the Act is amended by adding the following subsection:

Delegation

(2) The

treasurer may, in writing, delegate any power or duty granted to or vested in

the treasurer under this Part to any officer or employee of the municipality.

(1) The

Act is amended by adding the following sections:

Power of entry

386.1

(1) For

the purpose of assisting a municipality to determine whether it is desirable to

acquire land that has been offered for public sale under subsection 379 (2) but

for which there is no successful purchaser, the municipality may, during the 12

months following the public sale referred to in subsection 379 (5), enter on

and inspect the land.

Inspections

(2) In carrying out an inspection, a

municipality may do anything reasonably necessary to carry out an environmental

site assessment of the land, including,

(

a) conduct surveys, examinations,

investigations and tests of the land, including the excavation of test pits,

and for those purposes, place equipment on the land for such period as the

municipality considers necessary;

(

b) take and remove samples or

extracts;

(

c) make inquiries of any person; and

(

d) record or copy information by any

method.

Entry to dwellings

(3) A person who is carrying out an

inspection on behalf of a municipality under this Part shall not enter or

remain in any room or place actually being used as a dwelling unless,

(

a) the

consent of the occupier is obtained, the occupier first having been informed

that the right of entry may be refused and, if refused, entry made only under

the authority of a warrant issued under

section 386.3; or

(

b) a

warrant issued under

section 386.3 is obtained.

Non-application

(4) Section 430 and clauses 431 (

a) and (

b) do not apply to inspections under this Part.

Registration of notice

of vesting

(5) Clauses 431 (

c) and (

d) do not apply if,

under clause 379 (5) (b), the treasurer registers a notice of vesting, in the

name of the municipality, in respect of the land.

Inspection without

warrant

386.2

(1) The

following apply to an inspection under this

Part carried out without a warrant:

1. At

least seven days before entering to carry out an inspection, the municipality

shall, by personal service or by prepaid mail, serve a written notice of the

inspection on the owners and occupants of the land as shown by the records of

the land registry office and by the last returned assessment roll of the

municipality in which the land is located.

2. The

notice shall specify the date on which the municipality intends to enter on the

land to commence the inspection.

3. If

the municipality intends to enter on the land more than once during a period of

time, the notice shall specify that period.

4. If

the municipality intends to leave equipment on the land for a period of time,

the notice shall set out a description of the equipment and the period of time

during which the municipality intends to leave it on the land.

5. A

notice served under this

section by prepaid mail shall be deemed to have been

received on the fifth day after the date of mailing of the notice.

6. A

municipality shall not use force against any individual in carrying out the

inspection.

7. A

municipality shall only enter on land to carry out an inspection between the

hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice

under paragraph 1, the municipality has given at least 24 hours written notice

of the intent to inspect the land at other hours to the occupants by personal

service, prepaid mail or by posting the notice on the land in a conspicuous

place.

Waiver of requirements

(2) The owners and occupants may waive any

requirements relating to the notice described in paragraph 1 of subsection (1).

Same

(3) The occupants may waive any requirements

relating to entries described in paragraph 7 of subsection (1).

Inspection warrant

386.3

(1) The

municipality may apply to a provincial judge or a justice of the peace for a

warrant authorizing a person named in the warrant to inspect land.

Notice of application

for warrant

(2) The municipality shall give the owners

and occupiers of the land seven days written notice of,

(

a) the

time when and the place where the application for the issuance or extension of

a warrant is to be considered;

(

b) the

purpose of the application and the effect of the application being granted;

(

c) the

length of time the municipality is asking for a warrant to be issued or

extended;

(

d) the right of an

owner or occupant or an agent of an owner or occupant to appear and make

representations; and

(

e) the

fact that if the owner, occupant or agent fails to appear, the judge or justice

of the peace may issue or extend the warrant in their absence.

Right to be heard

(3) A person who is served with a notice

under subsection (2) or an agent of that person has the right to appear and

make representations when the application is being considered.

Issue of warrant

(4) The judge or justice of the peace may

issue a warrant authorizing a person to inspect land if the judge or justice of

the peace is satisfied by evidence under oath that,

(

a) inspection

of the land is reasonably necessary for the purposes set out in subsection

386.1 (1);

(

b) a

notice has been served upon the owners and occupants of the land in accordance

with paragraphs 1, 2, 3, 4 and 5 of subsection 386.2 (1); and

(

c) the

municipality has been prevented or is likely to be prevented from entering on

the land or exercising any of its other powers or the entrance to the land is locked

or the land is otherwise inaccessible.

Execution

(5) A warrant shall specify the hours and

days during which it may be executed and name a date on which it expires and

may specify a period of time during which equipment may be left on the land.

Inspection with warrant

386.4 The

following apply to an inspection carried out by a person with a warrant:

1. The

warrant shall be executed between the hours of 6 a.m. and 9 p.m. unless it

provides otherwise.

2. The

person may use such force as is reasonably necessary to execute the warrant and

call on police officers to assist in the execution of the warrant.

Obstruction

386.5

(1) Where

a person is carrying out an inspection under

section 386.1 without a warrant, a

refusal by the owner or occupant of land to allow the person to enter or remain

on the land is not obstruction within the meaning of subsection 426 (1).

Refusal to answer

(2) A refusal to answer the inquiries of a

person carrying out an inspection under

section 386.1 is not obstruction within

the meaning of subsection 426 (1).

(2) If

section 4 of the Brownfields

Statute Law Amendment Act, 2001 is in force on December 31, 2002, this

section comes into force on January 1, 2003 but if

section 4 of the Brownfields

Statute Law Amendment Act, 2001 is not in force on December 31, 2002, this

section comes into force on a day to be named by proclamation of the Lieutenant

Governor.

(1) Section

391 of the Act is amended by adding “and” at the end of clause (b), by striking

out “and” at the end of clause (

c) and by repealing clause (d).

(2) Section 391 of the Act is amended by

adding the following subsection:

Deferred benefit

(2) A fee or charge imposed under subsection

(1) for capital costs related to sewage or water services or activities may be

imposed on persons not receiving an immediate benefit from the services or

activities but who will receive a benefit at some later point in time.

(1) Clause

400 (

d) of the Act is amended by adding “and designating all or any of those

fees or charges to be fees or charges relating to a local improvement” at the

end.

(2) Section 400 of the Act is amended by

adding the following clause:

(

j) without

limiting any of clauses (

a) to (i), providing for any matter provided for in

the Local Improvement Act , as it read immediately before its repeal on

January 1, 2003, including delegations of authority.

79. (1) Subsection

409 (2) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Amount to be raised annually

(2) A by-law passed under this

section shall

provide in each year for the following amounts:

. . . .

(2) Subsection 409 (3) of the Act is repealed

and the following substituted:

Principal payable

(3) An amount required to be provided in a

year under subsection (2) shall be deemed to be an amount of principal payable

to the lender in the year for the purposes of subsections 403 (3) and 404

(8) and clause 408 (4) (a).

(3) Subsection 409 (13) of the Act is amended

by striking out “and” at the end of clause (b), by adding “and” at the end of

clause (

c) and by adding the following clause:

(

d) shall,

if it is required to pay an amount under subsection (7) to make up a

deficiency, require one or more of its lower-tier municipalities to make

payment to the upper-tier municipality for the deficiency, proportionate to the

amount of their contributions to the fund, and may amend its debentures by-law

accordingly.

Section

425 of the Act is amended by adding the following subsection:

Disabled parking

offences

(2) Despite subsection (1), a by-law passed

for establishing a system of disabled parking shall provide that every person

who contravenes the by-law is guilty of an offence and on conviction is liable

to a fine of not less than $300.

81. The

“left standing” and substituting “standing”.

Section

447 of the Act is repealed.

Section

452 of the Act is amended by adding the following subsection:

Conflicts

(4) If there is a conflict between a

regulation under this

section and any Act or other regulation, the regulation

under this

section prevails.

84. Subsection

453 (1) of the Act is amended by striking out “and” at the end of clause (

a) and by adding the following clause:

(

c) to

deal with problems or issues arising as a result of the repeal of

an Act or a

provision of

an Act by this Act or by the Municipal Statute Law Amendment

Act, 2002 .

Section

455 of the Act is amended by adding the following subsection:

Continuation

(6) Every local board of one or more cities,

towns, townships, villages, counties, regional or district municipalities or

the County of Oxford on December 31, 2002 is continued as a local board of the

corresponding single-tier municipalities, lower-tier municipalities and

upper-tier municipalities on January 1, 2003.

86. (1) Subsection

457 (1) of the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Continuation of by-laws,

resolutions

(1) If, as a

result of this Act or the Municipal Statute Law Amendment Act, 2002 , a

city, town, township, village, county, regional or district municipality, the

County of Oxford or a local board, as defined in the Municipal Affairs Act ,

that existed on December 31, 2002 no longer has the authority to pass a by-law

or resolution that was in force on December 31, 2002, despite the absence of

authority,

. . . .

(2) Clause

457 (1) (

a) of the Act is amended by adding “expiration” after “repeal”.

Section

461 of the Act is amended by adding the following subsection:

By-laws made

after December 31, 2002

(2) Subsection (1) does not apply to a

conflict between a by-law of an upper-tier municipality passed after December

31, 2002 under this Act and a by-law of a lower-tier municipality passed after

December 31, 2002 under this Act.

Section

465 of the Act is repealed and shall be deemed to have never taken effect.

89. Subsection

473 (2) of the Act is repealed.

Part

XVII of the Act is amended by adding the following sections:

Transitional

rules, municipal restructuring

474.1

(1) Despite

the repeal of

an Act or provision of

an Act by this Act or by the Municipal

Statute Law Amendment Act, 2002 related to a municipal restructuring, any

repealed provision setting out transitional rules with respect to by-laws,

resolutions, official plans, agreements and assets and liabilities of a

municipality, other than provisions dealing with employees, continues to apply in

the same manner as it would have applied if it had not been repealed.

Transitional

rules continued

(2) Despite the repeal of the authority to

make a regulation or any provision of a regulation by this Act or by the Municipal

Statute Law Amendment Act, 2002 relating to a municipal restructuring, any

provision for which the authority is repealed setting out transitional rules

with respect to by-laws, resolutions, official plans, agreements and assets and

liabilities of a municipality, other than provisions dealing with employees,

continue to apply in the same manner as it would have applied if the authority

had not been repealed.

Continuation

of provisions re: restructuring

474.2 Despite

the repeal of subsection 3 (1) of the Barrie-Innisfil Annexation Act, 1981 ,

section 4 of the Barrie-Vespra Annexation Act, 1984 , subsection 5 (1) of

The Brantford-Brant Annexation Act, 1980 and subsection 2 (3) of the Sarnia-Lambton

Act, 1989 , those provisions continue to apply until the date mentioned in

each of them, respectively, and despite the repeal of subsections 5 (2) to

(4) of The Brantford-Brant Annexation Act, 1980 , those provisions continue

to apply in the same manner as they would have applied if they had not been

repealed.

Certain tax

credit by-laws

474.3 Despite

the repeal of the Municipal Elderly Residents’ Assistance Act , that Act

continues to apply with respect to by-laws authorizing tax credits under that

Act passed before January 1, 2003.

Pipe line

474.4 Despite

the repeal of the Barrie-Vespra Annexation Act, 1984 ,

section 6 of that

Act continues to apply if any portion of the Trans-Canada Pipe Line, as it

existed on December 31, 1983, located in the area annexed to the City of Barrie

under that Act continues to exist.

Trust fund

474.5 Despite

the repeal of

section 20.1 of the Regional Municipality of Durham Act ,

that

section continues to apply until the trust fund described in that

section

is depleted.

for the aged, Oxford

474.6 Despite

the repeal of

section 67 of the County of Oxford Act , that

section

continues to apply until all of the residents described in that

section cease

to be residents of a home for the aged as described in that section.

Home for the aged,

Muskoka

474.7 Despite

the repeal of sections 59 and 60 of the District Municipality of Muskoka Act ,

those sections continue to apply until all of the residents described in those

sections cease to be residents of the home for the aged as described in those

sections.

Financial matters,

London-Middlesex

474.8 Despite

the repeal of sections 43 and 47 of the London-Middlesex Act, 1992, those

sections continue to apply until December 31, 2003.

County of Simcoe

474.9 Despite

the repeal of

Part VIII of the County of Simcoe Act, 1993 , that Part,

including the power to make orders and regulations, continues to apply as if it

had not been repealed with the following modifications:

1. In subsection 65

(2), the reference to subsections is to those subsections as they read

immediately before their repeal by the Municipal Act, 2001 .

2. In subclause 67

(1) (a) (ii), the reference to “ Municipal Act ” is changed to “ Municipal

Act, 2001 ”.

3. In subsection 68

(3), the phrase “struck off the roll as uncollectible under

section 441 of the Municipal

Act ” is replaced by “removed from the tax roll under

section 354 of the Municipal

Act, 2001 ”.

4. In

section 69,

the reference to “37 (2) of the Municipal Act ” is changed to “258 (2) of

the Municipal Act, 2001 ”.

5. In subsection 71

(1), the reference to Municipal Boundary Negotiations Act is a reference

to that Act as it read immediately before its repeal by the Municipal Act,

Local improvement

matters

474.10

(1) Despite

the repeal of the Local Improvement Act , any matter or proceeding

commenced under that Act before January 1, 2003 shall be continued and finally

disposed of under that Act.

Deemed commencement

(2) For the purposes of subsection (1), a

proceeding to undertake a local improvement is deemed to have commenced under

section 8, 10 or 12 of the Local Improvement Act when notice in Form 1,

2 or 3, respectively, of that Act has been given.

91. The

Act is amended by adding the following Part:

PART XVII.1

MISCELLANEOUS MATTERS

Township of Innisfil

474.11

(1) The

portion of the Township of Innisfil described in

Schedule D to the Barrie-Innisfil

Annexation Act, 1981 , as that Act read on December 31, 2002, shall be

designated by the Township in its official plan, and in subsequent amendments

thereto, so as to ensure the preservation of farmland and to permit mineral

resource extraction and uses related to agriculture and mineral resource

extraction.

Official plan

(2) Section 22 of the Planning Act

does not apply where any person or public body requests the council of the

Township to amend its official plan in respect of the area described in

Schedule D in a manner inconsistent with subsection (1) and any such request

shall be refused by the council of the Township.

County of Brant

474.12

(1) The

portion of the County of Brant described in

Schedule C to The Brantford-Brant

Annexation Act, 1980 , as that Act read on December 31, 2002, shall be

designated by the County in its official plan, and in subsequent amendments

thereto, so as to ensure the preservation of farmland, the provision of a

municipal water supply and the development of mineral resource extraction and

uses related to agriculture and mineral resource extraction.

Official plan

(2) Despite subsection (1), the official plan

with respect to the area described in

Schedule C may be amended in accordance

with the Planning Act for any land use designation other than those

referred to in subsection (1) if the City of Brantford and the County of Brant

agree to the proposed land use designations.

City of Cornwall

474.13

(1) Despite

any official plan or by-law of the City of Cornwall, the area described in

Schedules A and B to The City of Cornwall Annexation Act, 1974, as it

read on December 31, 2002, shall be deemed to be zoned for industrial purposes.

Limitation

(2) Nothing in subsection (1) limits the

power of the Minister under

section 47 of the Planning Act .

St. George

474.14

(1) The

area of The Police Village of St. George, as it existed on December 31, 1980,

the area described in the

Schedule to the Township of South Dumfries

Act, 1989 , as it read on December 31, 2002, and any land added by the

Ontario Municipal Board under subsection (2) is an urban service area of the

County of Brant for the provision of garbage collection, street lighting,

sidewalks and sewer and water services.

Alteration of boundary

(2) Upon application of the County of Brant,

the Ontario Municipal Board may alter the boundary of the urban service area.

Restrictions

(3) Sections 94 and 95 of the Ontario

Municipal Board Act do not apply to a decision made in respect of an application

under subsection (2).

County of Oxford

474.15

(1) The

operating costs of the library system of the County of Oxford shall be raised

by a special upper-tier levy under

section 311 on the rateable property in its

lower-tier municipalities other than the City of Woodstock and the Town of

Tillsonburg.

Same

(2) The costs to the County of Oxford of

operating and maintaining Woodingford Lodge shall be raised as part of the general

upper-tier levy under

section 311.

Waterloo

474.16

(1) The

council of The Regional Municipality of Waterloo shall be deemed to be a board

of a county library for the purposes of the Public Libraries Act .

Costs

(2) The operation of the library service of

The Regional Municipality of Waterloo shall be limited to its lower-tier municipalities

that had the status of a township on December 31, 2002.

Muskoka

474.17 The

revenues and expenditures of a home maintained by The District Municipality of

Muskoka under the Homes for the Aged and Rest Homes Act may be included

in the general revenues and expenditures of the district municipality and The

District Municipality of Muskoka is not required to maintain a separate bank account

in relation thereto.

County of Middlesex

474.18

(1) The

City of London shall, on or before March 1 in each year, pay the County of

Middlesex, as compensation for the reduction in income due to the dissolution

of the London-Middlesex Suburban Roads Commission, an amount determined in

accordance with the following:

1. For

1998, the amount is the amount payable under the predecessor of this subsection

for 1997.

2. For a year after

1998, the amount is determined in accordance with the following formula:

where,

“Amount” means the amount payable under this

subsection,

“Tax

rate” means the City of London’s tax rate for the general local municipality

levy for the residential/farm property class prescribed under the Assessment

Act .

Regulations

(2) The Minister may make regulations

providing for a different amount to be payable under subsection (1) than the

amount that would otherwise be payable under that subsection.

Special reserve fund

(3) The County of Middlesex shall establish a

special reserve fund designated for the capital costs of providing sewers and

waterlines and shall place all payments received under subsection 48 (1) of the

London-Middlesex Act, 1992 , as that subsection read on December 31,

2002, in the special reserve fund.

Same

(4) The County shall not change the

designation of the special reserve fund without the approval of the Minister.

County of Simcoe

474.19

(1) The

council of each local municipality in the County of Simcoe shall be deemed to

be a recreation committee under the Ministry of Tourism and Recreation Act .

Powers

(2) A council deemed to be a committee under

subsection (1) may exercise its powers in respect of culture, parks, recreation

and heritage matters under this Act.

Simcoe, consents

474.20

(1) The

County of Simcoe shall, on January 1, 1994, be deemed to have received the

approval of the Minister for the giving of consents and to have delegated that

authority under subsection 54 (1) of the Planning Act to each local

municipality.

Proviso

(2) Nothing in subsection (1) prevents the

delegation, withdrawal of delegation or redelegation of the authority to give

consents.

Regional municipalities

474.21 A

regional municipality, except The District Municipality of Muskoka, has the

powers, rights and duties of a board of health under the Health Protection

and Promotion Act .

92. Paragraphs

1, 3 and 29 of subsection 484 (2) of the Act are repealed and shall be deemed

to have never taken effect.

Commencement

(1) This

Schedule, except sections 23, 68, 72 and 76, comes into force on January 1,

Same

(2) Sections 23, 68, 72 and 76 come into

force as provided in those sections.

SCHEDULE B

AMENDMENTS TO THE

PLANNING ACT

1. The

definitions of “local municipality” and “municipality” in subsection 1 (1) of

the Planning Act are repealed.

2. Subsection

4 (2.1) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 49, is repealed and the following substituted:

Delegation where no

request is made

(2.1) The Minister may, after the prescribed

notice is given, by order delegate to the council of an upper-tier municipality

or a single-tier municipality any of the Minister’s authority described in

subsection (1) if the municipality has an official plan.

3. Subsection

14.2 (6) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 23,

section 8, is amended by striking out “

section 74

of the Municipal Act ” and substituting “

section

253 of the Municipal Act, 2001 ” .

Section

15 of the Act is repealed and the following substituted:

Upper-tier

municipalities, planning functions

15. The council of an

upper-tier municipality, on such conditions as may be agreed upon with the

council of a lower-tier municipality, may,

(

a) assume

any authority, responsibility, duty or function of a planning nature that the

lower-tier municipality has under this or any other Act; or

(

b) provide

advice and assistance to the lower-tier municipality in respect of planning

matters generally.

5. (1) Subsection

17 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9 and amended by 2000,

chapter 5,

section 20, is repealed and the

following substituted:

Approval by upper-tier

municipality

(2) An upper-tier municipality is the

approval authority in respect of an official plan of a lower-tier municipality

for the purposes of this

section if the upper-tier municipality has an approved

official plan.

(2) Subsection 17 (3) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9, is repealed.

(3) Subsection 17 (4) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9, is repealed

and the following substituted:

Upper-tier become

approval authority

(4) On the day that all or part of a plan

that covers an upper-tier municipality comes into effect as the official plan

of a municipality, the upper-tier municipality is the approval authority in

respect of the approval of a plan as an official plan of a lower-tier

municipality.

(4) Subsection 17 (5) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9, is repealed.

(5) Subsection 17 (6) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9, is amended

by striking out “ (3) ” .

(6) Subsection 17 (13) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9 and amended

by 1999,

chapter 12,

Schedule M,

section 22, is repealed and the following

substituted:

Mandatory adoption

(13) A plan shall be prepared and adopted

and, unless exempt from approval, submitted for approval by the council of a

prescribed municipality.

(7) Subsection 17 (14) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 9, is repealed

and the following substituted:

Discretionary adoption

(14) The council of a municipality not

prescribed under subsection (13) may prepare and adopt a plan and, unless the

plan is exempt from approval, submit it for approval.

6. Subsection

17.1 (1) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 23,

section 10 and amended by 1996,

chapter 4,

section 10, is repealed and the

following substituted:

Delegation of approval

authority

(1) If an upper-tier municipality is the

approval authority under

section 17 in respect of the approval of official

plans of lower-tier municipalities, the council may by by-law delegate all or

any of the authority to approve amendments to official plans to a committee of

council or to an appointed officer identified in the by-law by name or position

occupied.

Section

27 of the Act, as amended by the Statutes of Ontario, 1996,

chapter 4,

section

17, is repealed and the following substituted:

Amendments to conform

to official plan

(1) The

council of a lower-tier municipality shall amend every official plan and every

by-law passed under

section 34, or a predecessor of it, to conform with a plan

that comes into effect as the official plan of the upper-tier municipality.

Failure to make

amendments

(2) If the official plan of an upper-tier

municipality comes into effect as mentioned in subsection (1) and any official

plan or zoning by-law is not amended as required by that subsection within one

year from the day the plan comes into effect as the official plan, the council

of the upper-tier municipality may amend the official plan of the lower-tier

municipality or zoning by-law, as the case may be, in the like manner and subject

to the same requirements and procedures as the council that failed to make the

amendment within the one-year period as required.

Deemed by-law

(3) An amending by-law passed under

subsection (2) by the council of an upper-tier municipality shall be deemed for

all purposes to be a by-law passed by the council of the municipality that

passed the by-law that was amended.

Conflicts

(4) In the event of a conflict between the

official plan of an upper-tier municipality and the official plan of a

lower-tier municipality, the plan of the upper-tier municipality prevails to

the extent of the conflict but in all other respects the official plan of the

lower-tier municipality remains in effect.

8. (1) Subsection

28 (4.1) of the Act, as enacted by the Statutes of Ontario, 2001,

chapter 17,

section 7, is amended by striking out “442.7 of the Municipal Act , that

would be prohibited under subsection 111 (1) of the Municipal Act ” and

substituting “365.1 of the Municipal Act, 2001 , that would be prohibited

under subsection 106 (1) or (2) of the Municipal Act, 2001” .

(2) Subsection 28 (4.2) of the Act, as

enacted by the Statutes of Ontario, 2001,

chapter 17,

section 7, is amended by

striking out “442.7 of the Municipal Act , that would be prohibited under

subsection 111 (1) of the Municipal Act ” and substituting “365.1 of the Municipal

Act, 2001 , that would be prohibited under subsection 106 (1) or (2) of the Municipal

Act, 2001” .

(3) Subsection 28 (7.1) of the Act, as

enacted by the Statutes of Ontario, 2001,

chapter 17,

section 7, is amended by

striking out “442.7 of the Municipal Act ” and substituting “365.1 of the

Municipal Act, 2001 ”.

(4) Subsection 28 (8) of the Act, as

re-enacted by the Statutes of Ontario, 2001,

chapter 17,

section 7, is amended

by,

(

a) striking

out “442.7 of the Municipal Act , that would be prohibited under

subsection 111 (1) of the Municipal Act ” and substituting “365.1 of the Municipal

Act, 2001 , that would be prohibited under subsection 106 (1) or (2) of the Municipal

Act, 2001” ; and

(

b) striking

out “111 (2) of the Municipal Act ” and substituting “106 (3) of the Municipal

Act, 2001 ”.

(5) This

section comes into force on the

later of January 1, 2003 and the day

section 7 of the Brownfields Statute

Law Amendment Act, 2001 comes into force.

9. Subsection

28 (12) of the Act is repealed and the following substituted:

Debentures

(12) Despite subsection 408 (3) of the Municipal

Act, 2001 , debentures issued by the municipality for the purpose of this

section may be for such term of years as the debenture by-law, with the

approval of the Municipal Board, provides.

10. Subsection

34 (4) of the Act is repealed and the following substituted:

Interpretation

(4) A trailer as defined in subsection 168

(5) of the Municipal Act, 2001 and a mobile home as defined in

subsection 46 (1) of this Act shall be deemed to be a building or structure for

the purposes of this section.

11. (1) Subsections

39 (1.1) and (1.2) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 2,

section 44, are repealed.

(2) Subsection 39 (2) of the Act, as amended

by the Statutes of Ontario, 1994,

chapter 2,

section 44, is repealed and the

following substituted:

Area and time in effect

(2) A by-law authorizing a temporary use

under subsection (1) shall define the area to which it applies and specify the

period of time for which the authorization shall be in effect, which shall not

exceed three years from the day of the passing of the by-law.

12. The

Act is amended by adding the following section:

Garden suites

39.1

(1) Despite

subsection 39 (2), as a condition to passing a by-law authorizing the temporary

use of a garden suite under subsection 39 (1), the council may require the

owner of the suite or any other person to enter into an agreement with the municipality

dealing with such matters related to the temporary use of the garden suite as

the council considers necessary or advisable, including,

(

a) the

installation, maintenance and removal of the garden suite;

(

b) the period of

occupancy of the garden suite by any of the persons named in the agreement; and

(

c) the monetary or

other form of security that the council may require for actual or potential

costs to the municipality related to the garden suite.

Definition

(2) In this section,

“garden

suite” means a one-unit detached residential structure containing bathroom and

kitchen facilities that is ancillary to an existing residential structure and

that is designed to be portable.

Area and time in effect

(3) A by-law authorizing the temporary use of

a garden suite shall define the area to which it applies and specify the period

of time for which the authorization shall be in effect, which shall not exceed

10 years from the day of the passing of the by-law.

Extension

(4) Despite subsection (3), the council may

by by-law grant further periods of not more than three years each during which

the temporary use is authorized.

Non-application

(5) Upon the expiry of the period or periods

of time mentioned in subsections (3) and (4), clause 34 (9) (

a) does not apply

so as to permit the continued use of the garden suite.

13. (1) Subsection

40 (3) of the Act, as amended by the Statutes of Ontario, 1996,

chapter 32,

section 82, is repealed and the following substituted:

Special account

(3) All money received by a municipality

under an agreement entered into under this

section shall be paid into a special

account and,

(

a) the

money in that account shall be applied for the same purposes as a reserve fund

established under

section 417 of the Municipal Act, 2001 may be applied;

(

b) the

money in that account may be invested in securities in which the municipality

is permitted to invest under

section 418 of the Municipal Act, 2001 ;

(

c) earnings

derived from the investment of the money in the special account shall be paid

into that account; and

(

d) the

auditor of the municipality, in the auditor’s annual report, shall report on

the activities and position of the account.

(2) Subsection 40 (4) of the Act is repealed

and the following substituted:

Registration

of agreement

(4) An agreement entered into under this

section may be registered in the proper land registry office against the land

to which it applies and, when so registered, any money payable to the

municipality under the agreement that has become due for payment shall have

priority lien status as described in

section 1 of the Municipal Act, 2001 .

(1) The

definition of “development” in subsection 41 (1) of the Act, as amended by the

Statutes of Ontario, 1994,

chapter 4,

section 14, is amended by striking out

“clause (

a) of paragraph 101 of

section 210 of the Municipal Act ” and

substituting “subsection 168 (5) of the Municipal Act, 2001 ”.

(2) Subsection 41 (8) of the Act, as amended

by the Statutes of Ontario, 1994,

chapter 23,

section 24, is repealed and the

following substituted:

Where area is in

upper-tier municipality

(8) If an area designated under subsection

(2) is within an upper-tier municipality, plans and drawings in respect of any

development proposed to be undertaken in the area shall not be approved until

the upper-tier municipality has been advised of the proposed development and

afforded a reasonable opportunity to require the owner of the land to,

(

a) provide

to the satisfaction of and at no expense to the upper-tier municipality any or

all of the following:

(

i) subject

to subsection (9), widenings of highways that are under the jurisdiction of the

upper-tier municipality and that abut on the land,

(ii) subject

to the Public Transportation and Highway Improvement Act , where the land

abuts a highway under the jurisdiction of the upper-tier municipality,

facilities to provide access to and from the land such as access ramps and

curbings and traffic direction signs,

(iii) where

the land abuts a highway under the jurisdiction of the upper-tier municipality,

offstreet 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) where

the land abuts a highway under the jurisdiction of the upper-tier municipality,

grading or alteration in elevation or contour of the land in relation to the

elevation of the highway and provision for the disposal of storm and surface

water from the land;

(

b) enter

into one or more agreements with the upper-tier municipality dealing with and

ensuring the provision of any or all of the facilities, works or matters

mentioned in clause (

a) or (

c) and the maintenance thereof at the sole risk and

expense of the owner, including the removal of snow from access ramps and

driveways and parking and loading areas;

(

c) subject

to subsection (9.1), convey part of the land to the upper-tier municipality to

the satisfaction of and at no expense to the municipality for a public transit

right of way.

(3) Subsection 41 (10) of the Act is amended

by striking out “ or the county or

regional, metropolitan or district municipality, as the case may be ” .

(4) Subsection 41 (11) of the Act is amended

by striking out “

Section 326 of the Municipal

Act ” at the beginning and substituting “

Section

427 of the Municipal Act, 2001 ” .

(5) Subsection 41 (12) of the Act is repealed

and the following substituted:

Appeal to O.M.B.

(12) If the municipality fails to approve the

plans or drawings referred to in subsection (4) within 30 days after they are

submitted to the municipality or if the owner of the land is not satisfied with

any requirement made by the municipality under subsection (7) or by the

upper-tier municipality under subsection (8) 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 Municipal Board by

written notice to the secretary of the Board and to the clerk of the

municipality or upper-tier municipality, as appropriate.

Hearing

(12.1) The 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.

15. Subsection 42 (16) of the Act, as enacted

by the Statutes of Ontario, 1994,

chapter 23,

section 25 and amended by 1996,

chapter 32,

section 82, is amended by striking out “under

section 167 of the Municipal

Act ” and substituting “under

section 418 of the Municipal Act, 2001 ”.

16. Subsection 44 (10) of the Act is amended

by striking out “

section 74 of the Municipal

Act ” and substituting “

section 253

of the Municipal Act, 2001 ” .

17. Clause

47 (6) (

a) of the Act is amended by striking out “and subsection

74 (2) of the Municipal Act applies with necessary modifications ” .

18. Subsection

50 (1) of the Act, as amended by the Statutes of Ontario, 1991,

chapter 15,

section 41, 1994,

chapter 23,

section 29, 1996,

chapter 4,

section 27, 1997,

chapter 26,

Schedule and 1999,

chapter 12,

Schedule M,

section 27, is repealed

and the following substituted:

Interpretation

(1) In this

section and in

section 53,

“consent” means,

(

a) where land is

situate in a lower-tier municipality, a consent given by the council of the

upper-tier municipality,

(

b) where land is

situate in a single-tier municipality that is not in a territorial district, a

consent given by the council of the single-tier municipality,

(

c) where land is

situate in a prescribed single-tier municipality that is in a territorial

district, a consent given by the council of the single-tier municipality, and

(

d) except as

otherwise provided in clauses (a), (

b) and (c), a consent given by the

Minister.

References include

delegates

(1.0.1) A reference in subsection (1) and in

section 53 to the Minister includes a delegate of the Minister under sections 4

and 55 and a reference to a council includes a delegate of a council under

section 54.

19. (1) Subsections 51 (1) and

(2) of the Act, as re-enacted by the Statutes of Ontario, 1994,

chapter 23,

section

30, are repealed.

(2) Subsection 51 (4) of the Act, as

re-enacted by the Statutes of Ontario, 1999,

chapter 12,

Schedule M,

section

28, is repealed and the following substituted:

Single-tier

municipality

(4) If land is in a single-tier municipality

that is not in a territorial district, the single-tier municipality is the

approval authority for the purposes of this

section and

section 51.1, except as

otherwise prescribed.

(3) Subsections

51 (5), (6) and (7) of the Act, as re-enacted by the Statutes of Ontario, 1994,

chapter 23,

section 30, are repealed and the following substituted:

Upper-tier municipality

(5) Subject to subsection (6), if land is in

an upper-tier municipality with an approved official plan, the upper-tier municipality

is the approval authority for the purposes of this

section and

section 51.1.

Timing, upper-tier as

approval authority

(5.1) On the day that all or part of a plan

that covers all of an upper-tier municipality comes into effect as the official

plan of the municipality, the upper-tier municipality is the approval authority

under subsection (5).

Prescribed lower-tier

municipality

(6) If land is in a prescribed lower-tier

municipality, the lower-tier municipality is the approval authority for the

purposes of this

section and

section 51.1.

Prescribed single-tier

municipality in

a territorial district

(7) If land is in a prescribed single-tier

municipality that is in a territorial district, the municipality is the approval

authority for the purposes of this

section and

section 51.1.

(4) Subsections 51 (8), (9) and (10) of the

Act, as re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 28, are

repealed.

(5) Subsection 51 (11) of the Act, as

re-enacted by the Statutes of Ontario, 1994,

chapter 23,

section 30 and amended

by 1996,

chapter 4,

section 28, is amended by striking out “subsection (5), (6),

(7), (8) or (9)” and substituting “subsection (4), (5), (6) or (7)”.

(1) Subsection

51.2 (1) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 23,

section 31, is amended by striking out “If a regional, district, county or city

council or the council of the County of Oxford” at the beginning and

substituting “If a council of a municipality”.

(2) Subsection 51.2 (2) of the Act, as

enacted by the Statutes of Ontario, 1994,

chapter 23,

section 31, is repealed

and the following substituted:

Delegation to

lower-tier municipality

(2) If an upper-tier council is the approval

authority under

section 51 in respect of the approval of plans of subdivision,

the council may, after the prescribed notice is given, by by-law delegate all

or any part of the authority to approve plans of subdivision to a lower-tier

municipality in respect of land situate in the lower-tier municipality.

(3) Subsection 51.2 (2.1) of the Act, as

enacted by the Statutes of Ontario, 2001,

chapter 9,

Schedule J,

section 2, is

repealed and the following substituted:

Delegation

(2.1) Despite subsections 74 (2) and

74.1 (1), an upper-tier council may delegate the authority to approve plans of

subdivision under subsection (2) with respect to applications made before March

28, 1995.

(4) Subsection 51.2 (3) of the Act, as

enacted by the Statutes of Ontario, 1994,

chapter 23,

section 31, is amended by

striking out “county council or city council” and substituting “council”.

21. (1) Subsection

54 (1) of the Act, as amended by the Statutes of Ontario, 1994,

chapter 23,

section 33, is repealed and the following substituted:

Delegation of authority

to give consents

(1) The council of an upper-tier municipality

may by by-law delegate to the council of a lower-tier municipality the authority

for the giving of consents under

section 53 in respect of land situate in the

lower-tier municipality.

(2) Subsection 54 (2.1) of the Act, as

enacted by the Statutes of Ontario, 1993,

chapter 26,

section 61 and amended by

1994,

chapter 23,

section 33, is amended by striking out “local or area

municipality” at the end and substituting “lower-tier municipality”.

(3) Subsection 54 (4) of the Act, as amended

by the Statutes of Ontario, 1994,

chapter 23,

section 33, is amended by

striking out “a council of a county or of a council of a regional, metropolitan

or district” and substituting “the council of an upper-tier”.

(4) Subsection 54 (5) of the Act, as

re-enacted by the Statutes of Ontario, 1991,

chapter 15,

section 42 and amended

by 1994,

chapter 23,

section 33, is repealed and the following substituted:

Delegation, single-tier

municipalities

(5) The council of a single-tier municipality

authorized to give a consent under

section 53 may by by-law delegate the

authority of the council under

section 53 or any part of that authority to a

committee of council, to an appointed officer identified in the by-law by name

or position occupied, to a municipal planning authority or to the committee of

adjustment.

22. Subsection

56 (1) of the Act is amended by striking out “a county or of a regional,

metropolitan or district” and substituting “an upper-tier”.

23. Subsection

57 (3) of the Act, as re-enacted by the Statutes of Ontario, 1993,

chapter 26,

section 63 and amended by 1996,

chapter 4,

section 30, is repealed and the

following substituted:

Territorial district

(3) If the Minister has authority to give

consents under

section 53, the Minister may by order exercise the powers conferred

upon a council by subsection (1) in respect of land in a territorial district.

Section

58 of the Act is amended by striking out “ Municipal Act ” and

substituting “ Municipal Act, 2001” .

25. Subsection

69.2 (1) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 23,

section 43, is amended by striking out “county” wherever it appears and

substituting in each case “municipality”.

26. Clause

70.1 (1) (

j) of the Act, as re-enacted by the Statutes of Ontario, 1996,

chapter 4,

section 37, is repealed and the following substituted:

(

j) prescribing

municipalities for the purposes of subsection 17 (13) and

section 69.2;

27. Subsection

70.2 (7) of the Act, as enacted by the Statutes of Ontario, 1994,

chapter 23,

section 46, is amended by striking out “a county or by a regional, metropolitan

or district” and substituting “an upper-tier”.

28. The

Act is amended by adding the following section:

County of Oxford

(1) The

County of Oxford may exercise all the powers of a lower-tier municipality under

this Act, and no lower-tier municipality in the County of Oxford shall, except

as provided in this section, exercise any powers under this Act.

Committee of adjustment

(2) The council of each lower-tier

municipality in the County of Oxford shall be deemed to be a committee of

adjustment.

Powers of lower-tier

municipality

(3) A lower-tier municipality in the County

of Oxford may exercise the powers provided in

section 28, except under subsection

28 (12), and in sections 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 46 and

Conflicts

(4) Despite subsection (3), if there is a

conflict between a by-law passed by the County of Oxford and a by-law passed by

a lower-tier municipality in the exercise of a power under subsection (3), the

by-law of the County of Oxford prevails.

Land division committee

(5) Subsection 54 (1) does not apply to the

County of Oxford and the County of Oxford may be or may constitute and appoint

a land division committee for the purpose of giving consents under this Act.

Commencement

(1) This

Schedule, except

section 8, comes into force on January 1, 2003.

Same

(2) Section 8 comes into force as provided in

that section.

SCHEDULE

OTHER

AMENDMENTS

Building Code Act,

(1) Clause

(

c) of the definition of “principal authority” in subsection 1 (1) of the Building

Code Act, 1992 , as enacted by the Statutes of Ontario, 2002,

chapter 9,

section 2, is amended by striking out “a county” and substituting “an

upper-tier municipality”.

(2) This

section comes into force on the

later of January 1, 2003 and the day

section 2 of the Building Code Statute

Law Amendment Act, 2002 comes into force.

2. (1) Subsection

3 (9) of the Act, as enacted by the Statutes of Ontario, 2002,

chapter 9,

section 6, is amended by striking out “county” and substituting “upper-tier

municipality”.

(2) This

section comes into force on the

later of January 1, 2003 and the day

section 6 of the Building Code Statute

Law Amendment Act, 2002 comes into force.

(1) Subsection

6.1 (1) of the Act, as enacted by the Statutes of Ontario, 2002,

chapter 9,

section 10, is repealed and the following substituted:

Agreement re: plumbing

(1) Despite any other provision of this Act,

the council of an upper-tier municipality and of one or more municipalities in

the upper-tier municipality may enter into an agreement for the enforcement by

the upper-tier municipality of the provisions of this Act and the building code

related to plumbing in the municipalities and for charging the municipalities

the whole or part of the cost.

(2) Subsection 6.1 (2) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is amended by striking

out “county council” and substituting “council of an upper-tier municipality”.

(3) Subsection 6.1 (4) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is amended by striking

out “county council” and substituting “council of an upper-tier municipality”.

(4) Subsection 6.1 (7) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is amended by striking

out “a county council” and substituting “the council of an upper-tier

municipality”.

(5) Subsection 6.1 (8) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is repealed and the

following substituted:

Transition,

plumbing

(8) If, on July 1, 1993, an upper-tier

municipality was carrying out plumbing inspections under the Ontario Water Resources

Act in the municipalities that formed part of the upper-tier municipality,

the upper-tier municipality shall enforce the provisions of this Act and the

building code related to plumbing in all of the municipalities forming part of

the upper-tier municipality until the council of the upper-tier municipality by

by-law determines otherwise, whereupon

section 3 applies.

(6) Subsection 6.1 (9) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is amended by striking

out “a county” and substituting “an upper-tier municipality”.

(7) Subsection 6.1 (10) of the Act, as

enacted by the Statutes of Ontario, 2002,

chapter 9,

section 10, is repealed

and the following substituted:

Interpretation

(10) For the purpose of subsection (8), an

upper-tier municipality that has been deemed to be a county by any general or

special Act for the purposes of

section 76 of the Ontario Water Resources

Act , as it read on June 30, 1993, shall be deemed to be an upper-tier

municipality that was carrying out plumbing inspections under the Ontario

Water Resources Act in the municipalities that formed part of the

upper-tier municipality for municipal purposes on July 1, 1993.

(8) Subsection 6.2 (1) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is repealed and the

following substituted:

Agreement re: sewage

systems

(1) Despite any other provision of this Act,

the council of an upper-tier municipality and of one or more municipalities in

the upper-tier municipality may enter into an agreement for the enforcement by

the upper-tier municipality of the provisions of this Act and the building code

related to sewage systems in the municipalities and for charging the

municipalities the whole or part of the cost.

(9) Subsection 6.2 (3) of the Act, as enacted

by the Statutes of Ontario, 2002,

chapter 9,

section 10, is amended by striking

out “county council” and substituting “council of an upper-tier municipality”.

(10) Subsection 6.2 (4) of the Act, as

enacted by the Statutes of Ont