City of Elliot Lake Act, 2001 Brown, Michael A. — Private Bill PR4 (37th Parliament, 2nd Session)

Bill PR4, 37-2

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Bill PR4, City of Elliot Lake Act, 2001

Brown, Michael A.

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Debates

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 4 Royal Assent (PDF)

Bill Pr4 2001

An Act respecting

the City of Elliot Lake

Preamble

The Corporation of the City of Elliot Lake has applied for special

legislation to permit it to develop shoreline and other land in the City of

Elliot Lake for residential purposes and to use the net proceeds of

residential development projects for the economic development of the City of

Elliot Lake. The applicant represents that its economic situation is unique

among Ontario municipalities in that its sole industry from its incorporation

until 1996 was uranium mining and that, since the last uranium mine in the

City of Elliot Lake closed in 1996, it is dependent for revenue on its

residential/farm and commercial tax base, resulting in residential/farm and

commercial tax rates that are higher than the average tax rates in other

municipalities in northern Ontario. The applicant further represents that the

purpose of this application is to allow it to develop residential property

without providing municipal services in order to expand its residential/farm

tax base and consequently reduce the tax burden on its residents.

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:

Definitions

(1) In this Act,

"Commission" means the Elliot Lake Residential Development Commission;

"Corporation" means The Corporation of the City of Elliot Lake;

"council" means the council of the Corporation.

Same

(2) Any reference in this Act to land acquired from the Province of

Ontario shall be read as a reference to land or an interest in land acquired

from the Province of Ontario by purchase, lease or otherwise.

Corporation may develop Crown land for residential

purposes

(1) The council may by by-law

undertake one or more projects in the City of Elliot Lake to develop for

residential purposes land acquired from the Province of Ontario.

Same

(2) Without limiting the generality of subsection (1), the

Corporation may,

(

a) acquire land or an interest in land by purchase, lease or otherwise

from the Province of Ontario and enter into any agreement necessary for that

purpose;

(

b) hold the land acquired under clause (a);

(

c) carry out all the acts necessary to develop the land acquired under

clause (a), including surveying, constructing access roads, constructing

docks and other facilities to provide access to the land by water and

preparing and submitting applications under the Planning Act and the

Environmental Assessment Act ;

(

d) retain consultants and agents necessary to carry out any act described

in clause (c);

(

e) market the developed land;

(

f) sell the developed land.

By-law required

(3) The Corporation shall not exercise any power under

subsection (2) except under the authority of a by-law passed by the

council.

Non-application of ss. 191-193 of Municipal

Act

(4) Sections 191, 192 and 193 of the Municipal Act do

not apply to the activities authorized by this section.

Corporation shall not provide guarantees

(5) Except as permitted by

section 7, the Corporation shall not

provide a guarantee to any person in exercising any of its powers under this

Act.

Restriction re use of municipal taxes, etc.

(6) The Corporation shall not use any money collected after

this Act receives Royal Assent as municipal taxes, rates or levies for any

activity authorized by this Act or for any purposes of this Act.

Elliot Lake Residential Development Commission

(1) A corporation without share

capital is hereby established under the name Elliot Lake Residential

Development Commission.

Composition

(2) The Commission shall be composed of the following members,

who shall also constitute the board of directors of the Commission:

1. Two members of the council appointed by the council.

2. Five persons, appointed by the council, who live in the City of Elliot

Lake and who each represents a part of the community living in the City of

Elliot Lake.

Same

(3) If there is a recognized environmental organization within

the City of Elliot Lake, the persons appointed to the Commission under

paragraph 2 of subsection (2) shall include one person who is a member of and

represents that organization.

Objects and powers

(4) The object of the Commission is to manage, as the

Corporation's agent, the development for residential purposes of land

acquired from the Province of Ontario and, for the purpose of carrying out

such object, the Corporation may, under the authority of a by-law passed by

the council, delegate to the Commission any of the Corporation's powers under

clauses 2 (2) (c), (

d) and (e), subject to any conditions or restrictions set

out in the by-law.

Restriction

(5) The Commission shall not at any time own or hold any

interest in land that is determined by the Corporation to be included in a

development project authorized by subsection 2 (1).

Term of office

(6) The members of the Commission shall hold office until the

end of the term of office of the council that appointed them or until the

appointment of their successors.

Reappointment

(7) The members of the Commission are eligible for

reappointment to the Commission.

Disqualification to hold office

(8) If a member of the Commission ceases to qualify under the

paragraph of subsection (2) under which he or she was appointed to the

Commission, he or she ceases to be a member of the Commission.

Vacancy

(9) If a member of the Commission ceases to be a member under

subsection (8), resigns or is unable for any reason to continue to serve, the

council shall appoint another person to replace the member and to hold office

for the remainder of that member's term of office.

Quorum

(10) A majority of the members of the Commission holding office

at any time constitutes a quorum at that time.

Remuneration

(11) The members of the Commission appointed under paragraph 2

of subsection (2) shall receive the remuneration that is established by the

council by by-law.

Application of Municipal Conflict of Interest

Act

(12) The Municipal Conflict of Interest Act applies to

the Commission.

Commission staff, chief executive officer

(1) The Commission may appoint

such employees as it considers necessary and shall appoint a chief executive

officer who shall have general control and management of the administration

of the Commission.

Duties of CEO

(2) The chief executive officer shall attend all meetings of

the Commission and shall perform such other duties that the Commission

assigns to him or her from time to time.

Meetings of Commission

(3) The chief executive officer of the Commission shall call

the first meeting of the Commission in each new term within one month after

the beginning of the term and thereafter the Commission shall meet regularly

at least once a month.

Chair, vice-chair

(4) The Commission shall elect a chair and vice-chair from

among its members at its first meeting in a new term.

Meetings open to the public

(5) The Commission's meetings shall be open to the public

except as provided in subsection (6).

Exception

(6) Where the Commission is of the opinion that intimate

financial or personal matters may be disclosed at a meeting and that the

desirability of protecting against the consequences of their public

disclosure outweighs the desirability of holding the meeting in public, the

Commission may hold that meeting in the absence of the public.

Estimates

(1) The Commission shall submit

to the council, annually on or before the date and in the form specified by

the council, estimates of all sums required during the subsequent year for

the purposes of the Commission.

Approval of estimates

(2) The council shall approve or amend and approve the

estimates submitted by the Commission and the Corporation shall pay to the

Commission the approved amount in one or more payments and at the time or

times as determined by the council.

Application of funding

(3) The Commission shall apply the money paid to it by the

Corporation in accordance with the approved estimates.

Audited financial statements

(4) The Commission shall submit its annual financial statements

audited by a person appointed under

section 86 of the Municipal Act

to the council annually on or before the date specified by the council.

Trust account

(1) The Corporation shall

establish and maintain a trust account for the deposit of the proceeds of all

the transactions authorized by clause 2 (2) (

f) and shall deposit all the

money paid to the Corporation under such transactions into the trust

account.

Same

(2) The trust account shall be administered by the Treasurer of

the Corporation and shall be audited annually by the auditor appointed by the

Corporation under the Municipal Act .

Payment of Corporation's expenses

(1) The Corporation shall be

reimbursed out of the trust account for all the expenses it incurred in

carrying out a residential development project authorized by

section 2.

Net proceeds transferred to special account

(2) After payment of the Corporation's expenses of a

residential development project, the Corporation shall transfer the net

proceeds from the project from the trust account to a special account

established by the Corporation.

Restrictions on uses for net proceeds

(3) The money in the special account may be used solely for the

following purposes:

1. To provide financial or other assistance to community economic

development corporations incorporated under

section 112.1 of the

Municipal Act .

2. To provide financial or other assistance to community development

corporations incorporated under

section 112.2 of the Municipal

Act .

3. To make grants under

section 113 of the Municipal Act .

Commencement

8. This Act comes into force on the day it receives

Royal Assent.

Short title

9. The

short title of this Act is the City of

Elliot Lake Act, 2001 .

[37] Bill 4 As Amended by Standing Committee (PDF)