An Act respecting the City of Kingston — Private Bill PR22 (36th Parliament, 2nd Session)

Bill PR22, 36-2

Ontario — Bills

2ND SESSION, 36TH LEGISLATURE, ONTARIO 47 ELIZABETH II, 1998 Bill Pr22

An Act respecting The City of Kingston Mr. Gerretsen Private Bill 1st Reading December 2, 1998 2nd Reading 3rd Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE In 1997, the composition of the City of Kingston was changed by a restructuring order made under the Municipal Act. This Bill makes some changes to the financial powers of the City set out in the restructuring order. Particular changes affect the City’s 1998 budget. The cap on the City’s 1998 budget is removed, and the City is required to achieve a specified level of savings in 1998. The City is authorized to establish corporations and to delegate powers and duties to them. Certain restrictions are set out. The City is authorized to appoint, select or reinstate municipal employees on a majority vote of council. The Municipal Act now requires a two-thirds vote of council.

Bill Pr22 1998

An Act respecting the City of Kingston

Preamble

Definitions Appropria- tions and expenditures Same, restruc- turing order Financial powers re restructuring Same The Corporation of the City of Kingston has applied for special legislation in respect of the matters set out in this Act. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

INTERPRETATION 1. In this Act, “City” means The Corporation of the City of Kingston; “council” means the council of The Corpora- tion of the City of Kingston; “restructuring order” means the order restruc- turing the County of Frontenac, its constitu- ent municipalities and the City of Kingston that was made on January 7, 1997 by the Minister of Municipal Affairs and Housing under

section 25.2 of the Municipal Act , as the order appears in The Ontario Gazette dated February 15, 1997; “transitional costs” has the same meaning as in the restructuring order. F INANCIAL POWERS 2.

(1) Despite subsection 68 (3) of the Municipal Act, council may, by a majority vote of council members present at the applicable meeting, appropriate or expend a sum not pro- vided for by the estimates or by a special or supplementary estimate certified by the board of control to the council.

(2) On the day this Act comes into force, subclause 5.1 (

d) i) 2 of the restructuring order ceases to apply with respect to the authoriza- tion by council of an appropriation or expendi- ture that is not provided for by the estimates or by a special or supplementary estimate. 3.

(1) The council may issue debentures for some or all transitional costs, and the deben- tures must expire not later than the tenth anni- versary of the day on which this Act receives Royal Assent.

(2) The council may amortize some or all transitional costs, and the amortization period must expire not later than the tenth anniversary of the day on which this Act receives Royal Assent. 4.

(1) The council shall reduce the 1998 budget of the City and its local boards, as determined without reference to paragraph 7.5 (

a) of the restructuring order, by the amount described in subsection (2).

(2) The amount of the reduction must be at least 15 per cent of the amount of the discre- tionary expenditures in 1996 for each of the former municipalities, as they existed on December 31, 1997, that constituted the City on January 1, 1998.

(3) On the day this Act receives Royal Assent, paragraph 7.5 (

a) of the restructuring order ceases to apply to the City. C ORPORATIONS AND DELEGATION BY THE CITY 5.

(1) The council may pass by-laws autho- rizing the City to incorporate one or more business corporations under the Business Cor- porations Act and to acquire and hold shares in them.

(2) The council may pass by-laws authori- zing the City to incorporate one or more cor- porations under the Corporations Act.

(3) A corporation incorporated by the City under this

section shall be deemed not to be a local board or a public utilities commission for the purposes of any Act.

(4) A transfer of assets or liabilities by the City to such a corporation shall be deemed not to constitute a bonus within the meaning of

section 111 of the Municipal Act. 6.

(1) In the circumstances described in this section, the council may, by by-law, delegate to a corporation established under this Act any of the City’s or the council’s powers or duties relating to the provision of a municipal ser- vice.

(2) The council may make a delegation to a business corporation (the “first corporation”) only if the City or another business corporation incorporated by the City has subscribed for all the initial shares issued by the first corporation that are voting shares.

(3) The council may make a delegation to a corporation incorporated under the Corpora- tions Act only if the members of the corpora- tion and of its board are chosen by the council and are employees or agents of the City. Reduction in 1998 budget Amount of reduction Restructuring order Business corporations Other corporations Deeming, local board, etc. Same, bonusing Delegation to corporations Restriction, business corporations Restriction, other corporations

19982 Bill Pr22 CITY OF KINGSTON “Municipal service” Transfer of reserve funds Same, development charges Same Same, Public Utilities Act Same, other reserve funds

(4) For the purposes of subsection (1), “municipal service” includes public utilities, public highways and municipal property. 7.

(1) This

section applies if the City trans- fers assets or liabilities to a corporation estab- lished under this Act and delegates to the cor- poration powers or duties relating to the provi- sion of a municipal service.

(2) The City may transfer to the corporation that portion of any reserve fund established under

section 33 of the Development Charges Act, 1997 that relates to development charges in respect of the municipal service.

(3) The City may transfer to the corporation that portion of any reserve fund to which sec- tion 63 of the Development Charges Act, 1997 applies, that relates to development charges in respect of the municipal service.

(4) The City may transfer to the corporation that portion of any reserve fund established under subsection 35 (2) of the Public Utilities Act in respect of the municipal service.

(5) The City may transfer to the corporation that portion of any other reserve fund estab- lished under any Act in respect of the munici- pal service.

(6) A transfer authorized by this

section may be made despite sections 146 and 163, para- graph 55 of

section 207 and

section 218 of the Municipal Act , sections 35 and 63 of the Development Charges Act, 1997 and

section 35 of the Public Utilities Act. M UNICIPAL EMPLOYEES 8.

(1) Despite subsection 68 (7) of the Municipal Act , the head of a department or sub-department or other permanent officer, clerk or assistant may be appointed or selected by the council (in the absence of the nomina- tion of the board of control as provided by clause 68 (1) (

d) of that Act) by a majority vote of council members present at the appli- cable meeting.

(2) Despite subsection 68 (8) of the Munici- pal Act , a head of a department who has been dismissed by the board of control may be reap- pointed or reinstated by the council by a majority vote of council members present at the applicable meeting. C OMMENCEMENT AND

SHORT TITLE 9. This Act comes into force on the day it receives Royal Assent. 10. The

short title of this Act is the City of Kingston Act, 1998. Conflict Appoint- ments, etc., of staff Reinstatement Commence- ment

Short title

Document details

Collection	Ontario — Bills
Citation	Bill PR22, 36-2
Type	bill
Volume / chapter	p36 s2 bill pr22 bill text 36 2 en PR22.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8c98e9d6e6c6fd25926848fd100a334c36b3faec

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