Saving Local Government in Norfolk and Haldimand Act, 1998 Barrett, Toby — Bill 80 (36th Parliament, 2nd Session)

Bill 80, 36-2

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Bill 80, Saving Local Government in Norfolk and Haldimand Act, 1998

Barrett, Toby

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[36] Bill 80 Original (PDF)

B080_E

Bill 80 1998

An Act to eliminate the regional level

of municipal government in Norfolk and

Haldimand, to cut duplication and

to save taxpayers' money

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

Assembly of the Province of Ontario, enacts as follows:

1. The Municipal Act is amended by adding the following

section:

Haldimand-Norfolk restructuring proposal

25.5

(1) The Regional Municipality of Haldimand-Norfolk

or an area municipality that forms part of the regional municipality may, on

or before November 1, 1999, make a restructuring proposal to dissolve the

regional municipality and to restructure the area municipalities by

submitting to the Minister a restructuring report as described in subsection

25.2 (2).

Approval of proposal

(2) No municipality may make a restructuring proposal under subsection (1)

unless,

(

a) it has been approved by the councils of the majority of the area

municipalities in the regional municipality representing a majority of the

electors in the regional municipality and by the Regional Council of the

regional municipality;

(

b) it contains the prescribed matters with respect to the dissolution of

the regional municipality and the restructuring of the area

municipalities;

(

c) it provides that the Regional Area of The Regional Municipality of

Haldimand-Norfolk consist of at least two municipalities;

(

d) it contains a full cost analysis of the proposed restructuring that

satisfies the prescribed requirements; and

(

e) it has followed the public consultation process described in

subsection (3).

Public consultation process

(3) Before submitting a restructuring proposal under subsection (1), the

municipality making the proposal shall,

(

a) hold at least one public meeting in each area municipality at which

any person who attends is given an opportunity to make representations about

the proposal;

(

b) record the representations made about the proposal at each public

meeting held under clause (

a) and make the record available for inspection by

the public; and

(

c) publish a notice in at least one daily or weekly newspaper of general

circulation in the regional municipality advising the public when and where

it can inspect the record mentioned in clause (b).

Notice of meetings

(4) At least 30 days before holding a meeting under clause (3) (a), the

municipality making the proposal shall publish a notice of the meeting in at

least one daily or weekly newspaper of general circulation in the regional

municipality.

Application of s. 25.2

(5) Section 25.2 applies with necessary modifications to a restructuring

proposal made under subsection (1).

Same

(6) For the purposes of the application of

section 25.2 to a restructuring

proposal under subsection (1),

(

a) the Regional Area of The Regional Municipality of Haldimand-Norfolk or

any part of it shall be deemed to be a locality;

(

b) The Regional Municipality of Haldimand-Norfolk and its area

municipalities shall be deemed to be municipalities; and

(

c) The Regional Municipality of Haldimand-Norfolk shall be deemed to be a

county and its area municipalities shall be deemed to be local

municipalities.

Implementation of proposal

(7) If a municipality makes a restructuring proposal under subsection

(1) on or before November 1, 1999, the Minister shall by order implement the

proposal on or before January 1, 2001.

Powers of Minister

(8) For the purposes of implementing the proposal, the Minister has the

powers that may be exercised under a regulation made under subsection 25.2

(11).

Commission restructuring plan

(9) If no municipality makes a restructuring proposal under subsection

(1) on or before November 1, 1999, the Minister shall establish a commission to

develop a restructuring plan to dissolve the regional municipality and to

restructure the area municipalities.

Contents of plan

(10) The restructuring plan shall,

(

a) contain the prescribed matters with respect to the dissolution of the

regional municipality and the restructuring of the area municipalities;

(

b) provide that the Regional Area of The Regional Municipality of

Haldimand-Norfolk consist of at least two municipalities; and

(

c) contain a full cost analysis of the proposed restructuring that

satisfies the prescribed requirements.

Date for submission

(11) The commission shall develop and submit the restructuring plan to the

Minister on or before May 1, 2000.

Application of s. 25.3

(12) Subsections 25.3 (3) to (17) apply with necessary modifications to

the restructuring plan as if it were a restructuring proposal under those

subsections.

Same

(13) For the purposes of the application of subsections 25.3 (3) to

(17) to the restructuring plan,

(

a) the Regional Area of The Regional Municipality of Haldimand-Norfolk or

any part of it shall be deemed to be the prescribed locality;

(

b) The Regional Municipality of Haldimand-Norfolk and its area

municipalities shall be deemed to be municipalities; and

(

c) The Regional Municipality of Haldimand-Norfolk shall be deemed to be a

county and its area municipalities shall be deemed to be local

municipalities.

Implementation

(14) The commission shall ensure that the restructuring plan is

implemented on or before January 1, 2001.

Regulations

(15) The Minister may, for the purposes of this section, make

regulations,

(

a) establishing the commission;

(

b) providing for the composition of the commission, which may be composed

of one person;

(

c) prescribing matters with respect to the dissolution of the regional

municipality and the restructuring of the area municipalities that are

required to be contained in a restructuring proposal or plan under this

section;

(

d) establishing types of restructuring;

(

e) prescribing requirements for the full cost analysis that is required

to be contained in a restructuring proposal or plan under this section;

(

f) authorizing the commission to determine its costs and to apportion the

costs among the regional municipality and its area municipalities;

(

g) providing that the regional municipality or an area municipality in

the regional municipality,

(

i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any

Act, and

(iii) shall obtain the approval of a person or body specified in the

regulation before exercising any of its powers under any Act;

(

h) respecting any matter necessary to facilitate the implementation of a

restructuring proposal or plan under this section, including matters

governing the dissolution of the regional municipality and the restructuring

of the area municipalities.

Scope

(16) A regulation under subsection (15) may be general or particular in

its application.

Procedures

(17) The Minister may require that the commission follow the procedures

that the Minister provides.

Debt

(18) Costs that the commission apportions to a municipality are a debt of

the municipality to the Crown.

Commencement

2. This Act comes into force on the day it receives Royal

Assent.

Short title

3. The

short title of this Act is the Saving Local Government

in Norfolk and Haldimand Act, 1998 .

EXPLANATORY NOTE

The Bill allows The Regional Municipality of Haldimand-Norfolk and its

area municipalities to make a restructuring proposal to dissolve the regional

municipality and to restructure the area municipalities by submitting the

proposal to the Minister of Municipal Affairs and Housing by November 1,

1999. The Minister is required to implement the proposal by January 1,

If no municipality makes a restructuring proposal, the Minister is

required to establish a commission to develop a restructuring plan. The

commission is required to make orders to implement the plan by January 1,

Both a restructuring proposal and a restructuring plan must provide for

the dissolution of the present regional municipality and its restructuring

into at least two municipalities and follow a process of public consultation

specified in the Bill.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

November 26, 1998

Ordered referred to Standing Committee

Standing Committee on General Government

November 26, 1998

Second Reading

Carried on division

November 5, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 80, 36-2
Type	bill
Volume / chapter	p36 s2 bill 80 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a8da2d22e526241000b280da04d20e64d2601120

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