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Bill 86, Better Local Government Act, 1996

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

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Better Local Government Act, 1996

EXPLANATORY NOTES

The Bill represents the first phase of a comprehensive rewriting of Ontario's municipal legislation. Its major components are:

1. The Municipal Elections Act, 1996 , which replaces the existing Municipal Elections Act , and consequential amendments to municipal and other statutes.

2. Election-related changes dealing with council size and composition and division into wards.

3. Amendments relating to municipal debt and investment.

4. Amendments relating to municipal liability.

5. Miscellaneous municipal amendments.

6. Amendments relating to annual assessment updates.

7. Amendments relating to community transportation.

Municipal Elections Act, 1996

Part I of the Bill enacts the Municipal Elections Act, 1996 , repeals its predecessor and deals with transitional issues. The new Act appears as a

schedule to the Bill. Some of its features are:

1. The Act is streamlined and reorganized, its terminology is simplified and updated, and the number of prescribed forms is reduced.

2. The requirement of a specific municipal enumeration is eliminated. (Section 19 of new Act)

3. Voters' lists will no longer be posted in public places, although they can be examined and copied in the clerk's office. (Subsection 88 (11) of new Act)

4. Nomination day is the Friday 31 days before voting day (October 10 in 1997). Candidates may be nominated from January 1 onwards in the year of a regular election. (Sections 31 and 33 of new Act)

5. Nominations must be accompanied by a deposit, which is refundable if the candidate withdraws, receives more than a prescribed minimum of the vote or is elected. (Sections 33 and 34 of new Act)

6. Employees of municipalities and local boards are entitled to seek local elected office, but must take unpaid leave in order to do so. (Section 30 of new Act)

7. Municipalities may pass by-laws providing for the use of alternative voting methods such as phone or mail-in voting. (Section 42 of new Act)

8. Previously municipalities were required to set aside at least two days for an advance vote; the minimum is reduced to one day. (Section 43 of new Act)

9. Voting day remains the second Monday in November (November 10 in 1997). As before, regular elections are held every three years. (Sections 4 and 5 of new Act)

10. Normal voting hours on voting day remain from 10 a.m. to 8 p.m., but municipalities may provide for earlier opening times. Voting hours for an advance vote are in the discretion of the council. (Sections 43 and 46 of new Act)

11. Municipalities, elected local boards and the Minister of Municipal Affairs and Housing are entitled to have questions placed on the ballot. (Section 8 of new Act)

12. The clerk conducts a recount if there is a tied vote, if the council or local board (or the Minister, when he or she has submitted a question) requires a recount, or if the Ontario Court (General Division) orders a recount. (Sections 56-62

of new Act)

13. Election campaign finance rules are rewritten. (Sections 66-82 of new Act)

Consequential amendments to the Municipal Act and other statutes are found in Parts II and III of the Bill. The Municipal Elections Act, 1996 and the consequential amendments come into force when the Bill receives Royal

Assent.

Election-related changes

1. Municipal councils are permitted to change council size and composition. Lower-tier councils are also permitted to change their members' titles and manner of election (by ward or by general vote). (Sections 3 and 4 of Bill; sections 26, 27

and 29 of Municipal Act )

2. Councils are permitted to divide or redivide municipalities into wards or dissolve existing wards, subject to a public right of appeal. Members of the public are also entitled to petition for changes relating to wards. (Section 2,

subsections 74 (2) and 87 (5) of Bill; sections 13 to 13.3 of Municipal Act ,

section 5 of Municipality of Metropolitan Toronto Act , sections 8.1 and 8.2 of Regional Municipality of Ottawa-Carleton Act )

These changes, like the Municipal Elections Act, 1996 and consequential amendments, come into force when the Bill receives Royal Assent.

Debt and investment matters

1. Municipalities are entitled to invest surplus funds in accordance with the regulations. (Subsection 24 (3), sections 31 and 33 of Bill; subsection 144 (5) and sections 163 and 167 of Municipal Act ; corresponding changes to

County of Oxford Act , District Municipality of Muskoka Act , Municipality of Metropolitan Toronto Act and Regional Municipalities Act )

2. Prescribed municipalities are permitted to issue variable rate debentures, subject to the regulations. (Section 29 of Bill;

section 149.1 of Municipal Act )

3. Municipal powers to borrow in foreign currencies, and to issue debentures in those currencies, are standardized and consolidated. (Sections 26 and 35 of Bill;

section 146 of Municipal Act ; corresponding changes to County of

Oxford Act , District Municipality of Muskoka Act , Municipality of Metropolitan Toronto Act and Regional Municipalities Act )

4. Municipalities are given greater flexibility in timing of interest payments. (Subsections 22 (1), 23 (1), 24 (1),

section 25 of Bill; subsections 140 (2), 140 (3), 141 (1), 144 (1), 145 (1) of Municipal Act ; corresponding changes to

County of Oxford Act , District Municipality of Muskoka Act , Municipality of Metropolitan Toronto Act and Regional Municipalities Act )

5. Requirements for O.M.B. approval in various financing and financial management matters are repealed.

6. Inconsistent, unclear and archaic provisions are rewritten, updated and standardized.

The amendments relating to debt and investment are to come into force on proclamation, except that certain repeals of O.M.B. approval requirements are retroactive to January 1, 1993.

Municipal liability

1. New

section 331.3 is added to the Municipal Act to codify the common law exemption from liability that applies when a council has made a policy decision in an area of discretionary activity. (Section 52 of Bill)

2. New

section 331.2 is added to the Municipal Act to limit actions in nuisance based on the escape of water or sewage from water or sewage works. (Section 52 of Bill)

3. Various municipal statutes are amended to clarify the duty to keep roads and bridges in a reasonable state of repair, and to establish limits on liability. (Section 51 of Bill; subsections 284 (1) to (1.8) of Municipal Act ;

corresponding changes to County of Oxford Act , District Municipality of Muskoka Act , Municipality of Metropolitan Toronto Act and Regional Municipalities Act )

The amendments relating to municipal liability come into force when the Bill receives Royal Assent.

Miscellaneous municipal amendments

1. Licensing of taxis at airports no longer operated by the Crown will continue. (Section 49 of Bill,

section 232 (sub-subparagraph 1 (b)(i)) of Municipal Act )

2. Inquiries into municipal conduct are eliminated. (Section 41 of Bill, repealing

section 178 of Municipal Act ; corresponding changes to County of Oxford Act , District Municipality of Muskoka Act , Municipality of

Metropolitan Toronto Act and Regional Municipalities Act )

3. The Regional Municipalities Act is amended to give The Regional Municipality of Ottawa-Carleton the same authority to acquire and operate airports that other municipalities already have. (Subsection 81 (41) of Bill; clause 136 (2)

(

b) of Regional Municipalities Act )

4. Councils are permitted to delegate non-legislative duties to committees and to staff. (Section 14 of Bill;

section 102.1 of Municipal Act )

These amendments come into force when the Bill receives Royal Assent.

Assessment

Requirements for assessment updates in 1997 are suspended. (Section 55, subsection 81 (40) of Bill; subsection 371 (9.1) of Municipal Act , subsection 135.3 (6.1) of Regional Municipalities Act )

These amendments are effective as of December 1, 1996.

Community transportation

The Ambulance Act , Highway Traffic Act and Public Transportation and Highway Improvement Act are amended to deal with community transportation and medical transportation services. (Sections 56, 68 and 79 of Bill)

The amendments relating to community transportation are to come into force on proclamation.

Bill 86 1996

An Act to provide for better local government

by updating and streamlining the Municipal Elections Act ,

the Municipal Act and related statutes

CONTENTS

PARTSections

I Municipal Elections Act, 1996 1

II Amendments to Municipal Act 2-55

III Amendments to other Acts

Ambulance Act 56

Assessment Act 57

Barrie-Innisfil Annexation Act, 1981 58

Barrie-Vespra Annexation Act, 1984 59

Brantford-Brant Annexation Act, 1980 60

The City of Timmins-Porcupine Act, 1972 61

The City of Thunder Bay Act, 1968-69 62

Conservation Authorities Act 63

County of Oxford Act 64

County of Simcoe Act 65

District Municipality of Muskoka Act 66

Education Act 67

Highway Traffic Act 68

Homes for the Aged and Rest Homes Act 69

Liquor Licence Act 70

Local Government Disclosure of Interest Act, 1994 71

London-Middlesex Act, 1992 72

Municipal Freedom of Information and

Protection of Privacy Act 73

Municipality of Metropolitan Toronto Act 74

The Municipality of Neebing Act, 1968-69 75

The Municipality of Shuniah Act, 1968-69 76

Ontario Municipal Board Act 77

Public Libraries Act 78

Public Transportation and Highway Improvement Act 79

Public Utilities Act 80

Regional Municipalities Act 81

Regional Municipality of Durham Act 82

Regional Municipality of Haldimand-Norfolk Act 83

Regional Municipality of Halton Act 84

Regional Municipality of Hamilton-Wentworth Act 85

Regional Municipality of Niagara Act 86

Regional Municipality of Ottawa-Carleton Act 87

Regional Municipality of Peel Act 88

Regional Municipality of Sudbury Act 89

Regional Municipality of Waterloo Act 90

Regional Municipality of York Act 91

Sarnia-Lambton Act, 1989 92

Shoreline Property Assistance Act 93

St. Clair Parkway Commission Act 94

Telephone Act 95

Tile Drainage Act 96

Trees Act 97

IV Commencement and

short title98, 99

Schedule Municipal Elections Act, 1996

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

MUNICIPAL ELECTIONS ACT, 1996

(1) The Municipal Elections Act, 1996 , as set out in the Schedule, is hereby enacted.

Repeals

(2) The following are repealed:

1. The Municipal Elections Act .

Section 3 of the Regional Municipality of Ottawa-Carleton Statute Law Amendment Act, 1991 .

3. Sections 91 and 92 of the Municipal Statute Law Amendment Act, 1992 .

Section 23 of the Regional Municipality of Ottawa-Carleton and French-Language School Boards Statute Law Amendment Act, 1994 .

5. Sections 50 and 110 of the Statute Law Amendment Act (Government Management and Services), 1994 .

6. The Municipal Elections Amendment Act, 1994 .

Transition

(3) Despite subsection (2), the Municipal Elections Act continues to apply to any new election that has begun before this

section comes into force.

PART II

MUNICIPAL ACT

2. The

definitions of "Minister", "Ministry" and "regular election" in subsection 1 (1) of the Municipal Act are repealed and the following substituted:

"Minister" means the Minister of Municipal Affairs and Housing; ("ministre")

"ministry" means the Ministry of Municipal Affairs and Housing; ("ministère")

. . . . .

"regular election" means the triennial regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996 . ("élection ordinaire")

Section 13 of the Act, as amended by the Statutes of Ontario, 1994,

chapter 27,

section 109, is repealed and the following substituted:

Wards

Division into wards at incorporation or erection

(1) At the time of incorporating or erecting a local municipality, the Municipal Board,

(

a) in the case of a city, shall make an order dividing it into wards;

(

b) in any other case, may make an order dividing it into wards.

Names or numbers of wards

(2) When the Municipal Board makes an order dividing a local municipality into wards, it shall assign a name or number to each ward.

Composition of local boards

(3) When the Municipal Board makes an order dividing a local municipality into wards it may, despite any general or special Act, in the order provide for the composition of any local board as defined in the Municipal Affairs Act and

for the numbers of members to be elected to it from each ward as the Municipal Board considers necessary.

By-law to establish wards

(4) The council of a local municipality may pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.

Public notice and meeting

(5) Before passing a by-law under subsection (4), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria for boundaries

(6) When the council acts under subsection (4), it shall have regard to the prescribed criteria for establishing ward boundaries.

Regulations

(7) The Minister may, by regulation, prescribe criteria for the purpose of subsection (6); the criteria may be particular or general in their application.

Conflict

(8) If there is a conflict between this

section and any provision dealing with municipal wards that is contained in a public or private Act, this

section prevails.

Effective date

(9) A by-law dividing a municipality into wards or dissolving the existing wards that is passed after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next

regular election under that Act.

Transition, 1997 regular election

(10) Despite subsection (9), a by-law passed under this

section on or before March 31, 1997 comes into force for the 1997 regular election.

Application of subss. (9) and (10) to orders

(11) Subsections (9) and (10) also apply, with necessary modifications, to an order dividing a municipality into wards or dissolving the existing wards that is made under this or any other Act.

Existing applications continued

(12) Despite

section 3 of the Better Local Government Act, 1996 ,

section 13 as it read on the day before the coming into force of that

section continues to apply to an application to divide or redivide a municipality into wards, or to

dissolve existing wards, that is commenced before the day of the coming into force of that section.

Existing wards continued

(13) Until a by-law passed by the council of a municipality under this

section comes into force, the wards in existence on the day before the coming into force of

section 3 of the Better Local Government Act, 1996 are unaffected.

Notice of right to appeal wards by-law

13.1

(1) Within 15 days after the council passes a by-law under subsection 13 (4), the clerk shall give notice of it to the electors, specifying the last day for filing a notice of appeal under subsection (2).

Appeal

(2) Within 20 days after the clerk gives notice of the by-law, the Minister or any other person or agency may appeal to the Municipal Board by filing with the clerk a notice of appeal setting out any objection to the by-law and the reasons in

support of the objection.

Coming into force of by-law

(3) If no notice of appeal is filed under subsection (2), the by-law shall be deemed to have come into force on the day it was passed.

Affidavit

(4) The clerk's affidavit that he or she gave notice of the by-law in accordance with subsection (1) and that no notice of appeal was filed under subsection (2) within the 20-day period is conclusive evidence of the facts stated in it.

Transmission to Municipal Board

(5) The clerk shall, within 15 days after the last day for filing a notice of appeal under subsection (2), forward any notices of appeal received to the Municipal Board.

Other information

(6) The clerk shall provide any other information or material that the Board requires in connection with the appeal.

Withdrawal

(7) If the appeals filed under subsection (2) have all been withdrawn and the time for filing notices of appeal has expired, the secretary of the Municipal Board shall notify the clerk of the municipality of the fact, and the by-law shall be

deemed to have come into force on the day it was passed.

Hearing and disposition

(8) The Board shall hold a hearing and may,

(

a) dismiss the appeal; or

(

b) allow the appeal in whole or in part.

Same

(9) When the Board allows the appeal, it may make an order,

(

a) repealing all or part of the by-law, or amending the by-law, or doing both; or

(

b) directing the council to repeal all or part of the by-law, to amend the by-law, or to do both.

Coming into force of by-law

(10) If one or more appeals have been filed under subsection (2), the by-law comes into force when the appeals have been withdrawn or finally disposed of; the by-law, as amended by the Board or at its direction, shall be deemed to have come

into force on the day it was passed, unless the Board orders otherwise.

Exception, 1997 regular election

(11) Despite subsection (10), in the case of a by-law referred to in subsection 13 (10), if the appeal has not been withdrawn or disposed of by the Board on or before March 31, 1997, the by-law does not come into force until the day the

Municipal Board makes its order.

Petition re wards

13.2

(1) Electors in a local municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.

Number of electors required

(2) A petition under subsection (1) requires,

(

a) the signatures of 75 electors, if the municipality has 5,000 electors or fewer;

(

b) the signatures of 150 electors, if the municipality has more than 5,000 electors.

Council's failure to act

(3) If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Municipal Board to have the municipality divided or redivided

into wards or to have the existing wards dissolved.

Order

(4) On hearing the application the Municipal Board may, despite any general or special Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards, and subsections 13 (2) and (3) apply with necessary

modifications.

Effective date

(5) The order shall specify the date on which the division, redivision or dissolution is to take effect.

Transition, regulations

13.3

(1) The Minister may, by regulation, provide for transitional matters that affect the 1997 regular election under the Municipal Elections Act, 1996 and arise out of by-laws referred to in,

(a) subsection 13 (10) of this Act, subsection 5 (6) of the Municipality of Metropolitan Toronto Act and subsection 8.1 (8) of the Regional Municipality of Ottawa-Carleton Act (wards);

(b) subsection 26 (5) of this Act (changes in size and composition of county councils);

(c) subsection 27 (6) of this Act (changes in size and composition of upper-tier councils); or

(d) subsection 29 (12) of this Act (changes in size, composition and titles of members of local councils).

Same

(2) A regulation made under subsection (1) may be made retroactive to January 1, 1997 or a later date, and may be particular or general in its application.

Same

(3) A regulation made under subsection (1) applies despite anything else in this or any other public or private Act.

4. Sections 26, 27 and 28 of the Act are repealed and the following substituted:

Counties and Upper-Tier Municipalities

County council, composition

(1) The council of a county may, by by-law, change the composition and size of the council and the number of votes given to any member.

Notice, public meeting

(2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Conditions

(3) The by-law shall not come into force unless,

(

a) a majority of all votes on the county council are cast in its favour;

(

b) a majority of the councils of all the municipalities that form part of the county for municipal purposes have passed resolutions consenting to the by-law; and

(

c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (

b) form a majority of all the electors in the county.

Effective date

(4) A by-law that is passed under subsection (1) after January 1 in the year of a regular election under the Municipal ElectionsAct, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(5) Despite subsection (4), a by-law passed under subsection (1) on or before March 31, 1997 comes into force for the 1997 regular election.

Transition, existing councils

(6) Until the first by-law passed under subsection (1) comes into force in a county, the composition and size of the council and the number of votes given to each member remain as they are on the day before the coming into force of

section 4 of

the Better Local Government Act, 1996 .

Conflict

(7) If there is a conflict between this

section and any provision dealing with the size or composition of a county council or the number of votes given to each member that is contained in any other Act, whether public or private, this

section

prevails.

Definition

(1) In this section,

"upper-tier municipality" means a metropolitan, regional or district municipality and the County of Oxford.

Upper-tier council, composition

(2) The council of an upper-tier municipality may, by by-law, change the composition and size of the council, subject to the following rules:

1. There shall be a chair.

2. Each local municipality shall be represented by at least one member.

3. The manner of election of the council of the upper-tier municipality, whether by ward, by general vote or by a combination of the two, shall not be changed.

Notice, public meeting

(3) Before passing a by-law under subsection (2), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Conditions

(4) The by-law shall not come into force unless,

(

a) a majority of all votes on the upper-tier council are cast in its favour;

(

b) a majority of the councils of all the local municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and

(

c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (

b) form a majority of all the electors in the upper-tier municipality.

Effective date

(5) A by-law that is passed under subsection (2) after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(6) Despite subsection (5), a by-law passed under subsection (2) on or before March 31, 1997 comes into force for the 1997 regular election.

Transition, existing councils

(7) Until the first by-law passed under subsection (2) comes into force in an upper-tier municipality, the composition and size of the council remain as they are on the day before the coming into force of

section 4 of the Better Local

Government Act, 1996 .

Conflict

(8) If there is a conflict between this

section and any provision dealing with the size or composition of an upper-tier council that is contained in any other Act, whether public or private, this

section prevails.

Application of section

(9) This

section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the

section applies to the upper-tier municipality.

Regulations

(10) The Minister may, by regulation, declare that this

section applies to an upper-tier municipality.

5. Sections 29, 30, 31, 32, 33 and 34 of the Act are repealed and the following substituted:

Councils of Local Municipalities

Composition and size of council

(1) The council of a local municipality shall be composed of a head of council and four other elected members, subject to subsection (3).

Board of control

(2) In the case of a city with a board of control, the members of the board are also members of council by virtue of their office.

By-law increasing number of members

(3) The council may pass a by-law increasing the number of its elected members.

Representation on other councils

(4) A by-law passed under subsection (3) shall not affect the municipality's representation on a county council, a regional, district or metropolitan council or the council of the County of Oxford.

Election of head of council

(5) The head of council shall be elected by general vote.

Other elected members

(6) The elected members, other than the head of council, may be elected by general vote, by ward or by a combination of the two, in accordance with a by-law passed by council.

Public notice and meeting

(7) Before passing a by-law under subsection (3) or (6), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

By-law re titles

(8) The council may pass a by-law adopting the following titles for its elected members:

Same

(9) The council may pass a by-law providing for different titles than those shown in subsection (8).

Conflict

(10) If there is a conflict between this

section and any provision dealing with the size and composition of the council, the manner of election or the titles of members of council that is contained in a public or private Act, this

section

prevails.

Effective date

(11) A by-law that is passed under this

section after January 1 in the year of a regular election under the Municipal ElectionsAct, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(12) Despite subsection (11), a by-law passed under this

section on or before March 31, 1997 comes into force for the 1997 regular election.

Continuation of existing composition, titles etc.

(13) Until a council passes a by-law under this

section after the coming into force of

section 5 of the Better Local Government Act, 1996 , its size and composition, the titles of its elected members and the manner of their election

remain the same as they are on the day before that

section comes into force.

Section 35 of the Act is repealed.

7. Clause 36 (

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

(

a) who is entitled to be an elector in the local municipality under

section 17 of the Municipal Elections Act, 1996 .

(1) Paragraph 1 of subsection 37 (1) of the Act is repealed and the following substituted:

1. Except during a leave of absence under

section 30 of the Municipal Elections Act, 1996 , an employee of the municipality or of its local board as defined in the Municipal Affairs Act , other than a person appointed under

section 256.

(2) Paragraph 5 of subsection 37 (1) of the Act is repealed.

(3) Subsections 37 (3), (4), (5), (6), (7), (8) and (9) of the Act are repealed.

9. Clause 38 (

d) of the Act is repealed.

Section 40 of the Act is amended by striking out " Municipal Elections Act " in the second and third lines and substituting " Municipal Elections Act, 1996 ".

(1) Section 44 of the Act is amended by striking out "action" and substituting "application",

(

a) in the third line of subsection (1);

(

b) in the first line and in the last line of subsection (2); and

(

c) in the first line of subsection (3).

(2) Subsections 44 (4) and (5) of the Act are repealed and the following substituted:

Application of certain provisions of Municipal Elections Act, 1996

(4) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under

section 83 of that Act.

Combining of applications

(5) The application may be combined with an application under

section 83 of the Municipal Elections Act, 1996 ; in that case, the applications shall be heard and disposed of together.

Section 46 of the Act is repealed and the following substituted:

By-election

(1) If the office of a member of the council of a local municipality becomes vacant the council may, by by-law, require an election to be held to fill the vacancy, and in that case the clerk shall hold a by-election in

accordance with

section 65 of the Municipal Elections Act, 1996 .

Same

(2) If a direction is given in any judicial proceeding to hold an election to fill a vacancy on a council, the clerk shall hold a by-election in accordance with

section 65 of the Municipal Elections Act, 1996 .

Vacancy after March 31, year of regular election

(3) Despite subsections (1) and (2), if a vacancy occurs in the office of a member of the council of a local municipality after March 31 in the year of a regular election, no by-election shall be held and the council shall fill the vacancy in

accordance with

section 45 within 45 days after the vacancy occurs; however, if the vacancy occurs less than 46 days before nomination day in the regular election, it need not be filled.

13. (1) Subsection 48 (1) of the Act is amended by striking out "section 108 of the Municipal Elections Act " at the end and substituting "section 65 of the Municipal Elections Act, 1996 ".

(2) Subsection 48 (2) of the Act is amended by striking out "section 108 of the Municipal Elections Act " in the eighth and ninth lines and substituting "section 65 of the Municipal Elections Act, 1996 ".

14. The Act is amended by adding the following section:

Delegation of administrative functions

102.1

(1) The council of a municipality may, by by-law, delegate to a committee of council or to an employee of the municipality any powers, duties or functions that are administrative in nature.

Conditions

(2) The council may, in the by-law, impose conditions on the exercise or performance of the delegated powers, duties and functions.

Non-administrative matters

(3) Subsection (1) does not authorize the delegation of powers, duties, or functions that are legislative or otherwise non-administrative in nature, such as the power to pass by-laws, adopt estimates, levy, cancel, reduce or refund taxes, or

appoint persons to and remove them from offices created by statute.

Definition

(4) In this section,

"municipality" includes a regional, metropolitan or district municipality and the County of Oxford.

Section 107 of the Act is amended by striking out "section 43 of the Municipal Elections Act " in the sixth and seventh lines and at the end of clause (

d) and substituting in both cases "section 37 of the Municipal

Elections Act, 1996 ".

Section 122 of the Act is repealed.

(1) The definition of "municipality" in subsection 123 (1) of the Act is amended by inserting "metropolitan" after "regional" in the first line.

(2) Subsection 123 (3) of the Act is amended by inserting "permanent" before "improvements" in the fourth line.

(3) Subsection 123 (12) of the Act is amended by inserting "metropolitan" before "regional" in the fifth line.

(4) Subsection 123 (13) of the Act is amended by striking out "proportionately" in the fifth line and substituting "equally".

(5) Clause 123 (14) (

a) of the Act is amended by inserting "metropolitan" before "regional" in the first line.

Section 124 of the Act is repealed and the following substituted:

Debentures for joint undertakings

(1) If this Act or any other general Act authorizes or requires two or more municipalities to provide money for any purpose jointly, the municipalities may agree to authorize one of them to issue debentures for the whole

or any part of the amount required.

Payment to issuing municipality

(2) If a municipality has issued debentures under an agreement made under subsection (1) for money to be raised by another municipality, the other municipality shall in each year during the currency of the debentures, before the date a payment

of principal or interest becomes due under the debentures, make a payment to the treasurer of the issuing municipality.

Amount

(3) The amount of each payment to the issuing municipality shall be sufficient to pay the other municipality's share of the principal and interest becoming due.

Special rate

(4) The other municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the issuing municipality.

Conflict

(5) If there is a conflict between this

section and any other provisions of this or any other Act that apply to the borrowing or providing of money or the issuing of debentures by two or more municipalities, the other provisions prevail.

19. Subsection 125 (5) of the Act is repealed and the following substituted:

Payment

(5) If a county has issued debentures under subsection (3), the municipality shall in each year during the currency of the debentures, before the date a payment of principal or interest becomes due under the debentures, make a payment to the

treasurer of the county.

Amount

(6) The amount of each payment to the county shall be sufficient to pay the municipality's share of the principal and interest becoming due.

Special rate

(7) The municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the county.

20. Sections 129, 130, 131 and 132 of the Act are repealed.

21. Subsection 137 (3) of the Act is amended by striking out "section 119 of the Municipal Elections Act " in the second and third lines and substituting "subsection 90 (3) of the Municipal Elections Act,

1996 ".

22. (1) Subsections 140 (2) and (3) are repealed and the following substituted:

Principal and interest payments

(2) A money by­law for the issuing of debentures,

(

a) shall provide for,

(

i) repayment of the principal in annual instalments,

(ii) payment of interest on the unpaid balance, in one or more instalments in each year; and

(

b) may provide for instalments of combined principal and interest.

Amount to be raised annually

(3) A money by­law for the issuing of debentures shall provide for raising, in each year, the amounts of principal and interest payable under the by-law, by a special rate on all the rateable property in the municipality, to the extent

that the amounts have not been provided for by special rates imposed on persons or property made specially liable for them by a by-law of any municipality.

(2) Clause 140 (4) (

b) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 2, is repealed and the following substituted:

(

b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the municipality for the repayment

of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(3) Subsections 140 (6), (7), (8), (9), (10) and (11) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(6) A by-law for the issuing of debentures may provide for issuing them,

(

a) on any date specified in the by-law; or

(

b) in sets in the amounts and on the dates required.

Same

(7) Subject to subsection (8), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are

dated or in the next year.

Same

(8) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(9) The council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(10) A by-law passed under this

section comes into force on the day it is passed, unless a later date is specified in the by-law.

(4) Paragraph 5 of subsection 140 (13) of the Act is repealed and the following substituted:

Order of redemption

5. If only part of an issue of debentures is to be redeemed, the part shall comprise only the debentures with the latest maturity dates, and no debenture issued under the by­law shall be called for redemption in priority to a debenture

issued under the by-law with a later maturity date.

(5) Subsection 140 (15) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 2, is repealed and the following substituted:

Exchange of debentures permitted

(15) The treasurer of a municipality may, on the request of the holder of a debenture issued by the municipality, issue and deliver to the holder a new debenture or debentures in exchange, for the same aggregate principal amount.

(6) Subsection 140 (17) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 2, is repealed and the following substituted:

Duty of treasurer

(17) When a debenture is surrendered for exchange under subsection (15), the treasurer shall,

(

a) cancel and destroy it;

(

b) certify the cancellation and destruction in the debenture registry; and

(

c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(7) Subsection 140 (19) of the Act is amended by striking out "proportionately" in the fourth line and substituting "equally".

23. (1) Subsection 141 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 3, is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each

year".

(2) Subsection 141 (8) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 3, is repealed and the following substituted:

Maximum term of debentures

(8) Debentures issued under subsection (7) shall be payable within the maximum period of years that was authorized by the municipality for the repayment of the debt for which debentures were issued, commencing on the date the original

debentures were issued.

24. (1) Subsection 144 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 5, is amended by striking out "annually or semi-annually" in the seventh line and substituting "in one or more instalments in

each year".

(2) Subsection 144 (2.2) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 5, is repealed and the following substituted:

Term

(2.2) The refunding debentures shall be payable within the maximum period of years that was authorized by the municipality for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were

issued.

(3) Subsection 144 (5) of the Act is repealed and the following substituted:

Authorized investments

(5) The bank, trust corporation or credit union may invest only in securities in which the municipality would be permitted to invest under

section 167.

Transition

(4) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 144 (5) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money received may also be invested in securities in which the municipality is permitted to invest under

section 167 of the Act.

Same

(5) An investment referred to in clause (4) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Act.

Effective date

(6) For the purposes of subsections (4) and (5), the effective date is the day subsection (3) comes into force.

25. Subsection 145 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 6, is amended by striking out "annually or semi-annually" in the seventh line and substituting "in one or more instalments in each

year".

Section 146 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 7, is repealed and the following substituted:

Definition

(1) In this section,

"municipality" includes a metropolitan, regional or district municipality and the County of Oxford.

Debentures in foreign currency

(2) Any power conferred on a municipality to borrow or raise money and to issue debentures includes the power to issue debentures, or debentures of a prescribed class, expressed and payable in a prescribed foreign currency if,

(

a) the municipality is prescribed for the purposes of this subsection; and

(

b) the prescribed conditions are satisfied.

Same

(3) A debenture issued under subsection (2) may provide for payment of interest and principal in more than one prescribed foreign currency, in Canadian dollars, or a combination of any of them.

Raising estimated amount

(4) A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite other provisions in this Act requiring that a specific amount be raised or paid.

Variation

(5) The estimated amount may vary from year to year.

Premium to be set aside in reserve fund

(6) Every money by­law passed under this

section may provide that any portion of the premium which may be received on the currency in which the debentures are payable that is not required to pay the cost of the work authorized under the

by­law and incidental charges shall be set aside in a reserve fund to be used to pay the premium on the annual payments of principal and interest on the debentures.

Risks

(7) For the purpose of minimizing costs or counteracting the risk associated with issuing its debentures in any currency because of fluctuations in interest rates or fluctuations in rates of exchange between the Canadian dollar and other

currencies, a municipality prescribed for the purposes of this subsection may enter into any of the following agreements with the prescribed persons, if the prescribed conditions are met:

1. Foreign currency exchange agreements.

2. Interest rate exchange agreements.

3. Agreements to purchase or exchange other prescribed securities.

4. Other prescribed financial agreements.

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(

a) prescribing the foreign currencies in which debentures may be issued under subsection (2);

(

b) prescribing the municipalities or classes of municipalities that may issue debentures in general or debentures belonging to prescribed classes under subsection (2), and prescribing classes of debentures;

(

c) prescribing conditions for the purposes of subsection (2);

(

d) prescribing municipalities or classes of municipalities for the purposes of subsection (7);

(

e) prescribing conditions for the purposes of subsection (7);

(

f) prescribing persons for the purposes of subsection (7);

(

g) prescribing financial agreements for the purposes of subsection (7).

27. (1) Subsection 147 (1) of the Act is repealed and the following substituted:

Debt

(1) A municipality may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

(2) Subsection 147 (2) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 8 and 1993,

chapter 27, Schedule, is repealed and the following substituted:

Municipal purposes

(2) In subsection (1), "municipal purposes" means all the purposes of the municipality under this or any other Act.

Limitations

(2.1) Subsection (1) is subject to the limitations in this or any other Act.

(4) Clause 147 (4) (

c) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 8, is amended by inserting "or class of work" after "each specific work" in the third line.

(5) Clause 147 (4) (

e) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 8, is repealed and the following substituted:

(

e) establishing conditions that must be met by any municipality or class of municipalities before undertaking a debt, financial obligation or liability or a debt, financial obligation or liability of a specified class.

(6) Subsection 147 (5) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 8, is amended by striking out "Sections 65 and 66 of the Ontario Municipal Board Act do not apply" in the first and second

lines and substituting "Section 65 of the Ontario Municipal Board Act does not apply".

(7) Section 147 of the Act is amended by adding the following subsection:

Definition

(6) In subsections (4) and (5),

"municipality" includes a metropolitan, district or regional municipality and the County of Oxford.

28. Subsection 149 (2) of the Act is repealed.

29. The Act is amended by adding the following section:

Fixed rate of interest

149.1

(1) A by-law for the issue of debentures shall specify a fixed rate of interest, unless subsection (2) applies.

Variable rate

(2) Despite anything in this or any other Act, a prescribed municipality may pass a by-law for the issue of debentures providing for a variable rate of interest and for the payment of other amounts, subject to the prescribed rules.

Estimate of amount to be raised

(3) A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite provisions in this or any other Act requiring that a specific amount be raised or paid.

Variations

(4) The estimated amount may vary from year to year.

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(

a) prescribing municipalities or classes of municipalities for the purposes of subsection (2);

(

b) prescribing rules for the purposes of subsection (2).

Definition

(6) In this section,

"municipality" includes a metropolitan, district or regional municipality and the County of Oxford.

30. Subsection 150 (2) of the Act is amended by striking out "and shall not take effect until approved by the Municipal Board" in the last two lines.

31. (1) Subsections 163 (1) and (2) of the Act are repealed and the following substituted:

Definitions

(1) In this section,

"local board" means a local board as defined in the Municipal Affairs Act ; ("conseil local")

"municipality" means a county, city, town, village or township; ("municipalité")

"other entity" means a board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory. ("autre

entité")

Reserve fund

(2) Every municipality, local board and other entity may in each year provide in its estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to expend funds.

Approval of council

(2.1) If the approval of a council is required by law for a capital expenditure or the issue of debentures by or on behalf of a local board, the local board must obtain the approval of the council before providing for a reserve fund for those

purposes in its estimates.

Investment

(2.2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in the following securities:

1. In the case of a municipality or local board, the securities in which the municipality is permitted to invest under

section 167.

2. In the case of any other entity, the securities or classes of securities that are prescribed.

Same

(2.3) The earnings derived from investment of the reserve fund form part of it.

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 163 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a reserve fund may also be invested in securities in which a municipality is permitted to invest under

section 167 of the Act.

Same

(3) An investment referred to in clause (2) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

(5) Subsection 163 (5) of the Act is amended by striking out "subsection (1)" at the end and substituting "subsection (2)".

(6) Section 163 of the Act is amended by adding the following subsections:

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing securities or classes of securities for the purposes of paragraph 2 of subsection (2.2).

Same

(7) A regulation made under subsection (6) may be general or particular in its application.

32. (1) Subsection 164 (2) of the Act is repealed and the following substituted:

Special account

(2) The contributions shall be paid into a special account, and subsections 163 (2), (2.2) and (3) apply with necessary modifications.

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsections 164 (2) and 163 (2) of the Act, as they read on the day before the effective date, continue to apply to investments made before the effective date; and

(

b) money in the account may also be invested in securities in which a municipality is permitted to invest under

section 167 of the Act.

Same

(3) An investment referred to in clause (2) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

Section 167 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 10, is repealed and the following substituted:

Definition

(1) In this section,

"municipality" includes a metropolitan, regional or district municipality and the County of Oxford.

Investment, advance to capital account

(2) If a municipality has money that it does not require immediately, it may,

(

a) subject to the prescribed rules, invest the money in prescribed securities; or

(

b) advance the money to its capital account as interim financing of capital undertakings of the municipality.

Repayment with interest

(3) An investment or advance under subsection (2) shall be made repayable on or before the day on which the municipality requires the money; any interest earned shall be credited to the fund from which the money was invested or advanced.

Combined investments

(4) A municipality may combine money held in the general fund, the capital fund and the reserve fund and deal with the money in accordance with subsection (2).

Allocation

(5) Earnings from the combined investments shall be credited to each separate fund in proportion to the amount invested from that fund.

Regulations

(6) The Lieutenant Governor in Council may make regulations,

(

a) prescribing rules for the purposes of clause (2) (a);

(

b) prescribing securities or classes of them for the purposes of clause (2) (a);

(

c) providing that a municipality does not have power to invest under this

section in specified securities or classes of securities, and specifying the securities and classes.

Same

(7) A regulation made under subsection (6) may be general or particular in its application.

Section 167.1 of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 11, is amended by striking out "subsection 163 (2) or" in the third and fourth lines.

Section 167.2 of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 11, is repealed.

(1) Subsection 167.4 (1) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 47, is amended by adding the following definition:

"person" includes a local board as defined in the Municipal Affairs Act . ("personne")

(2) Subsection 167.4 (3) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 47, is repealed and the following substituted:

Restrictions

(3) Joint investment under subsection (2) is restricted to the investments that are permitted to the participating municipality with the most limited investment powers.

37. Subsection 168 (4) of the Act is amended by striking out "with the approval of the Municipal Board" in the sixth and seventh lines.

Section 171 of the Act is amended by striking out "and the Municipal Board" in the eleventh and twelfth lines and in the nineteenth line.

Section 172 of the Act is amended by striking out "with the approval of the Municipal Board" in the fifth and sixth lines.

Section 173 of the Act is repealed.

Section 178 of the Act is repealed.

Section 179 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 12, is repealed and the following substituted:

Execution

(1) A debenture shall bear,

(

a) the corporation's seal; and

(

b) the signatures of,

(

i) the head of the council, or another person authorized to sign by a by-law of the corporation, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this

section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(

a) it bears the required signatures; and

(

b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Application of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

Section 184 of the Act is repealed.

44. Subsection 185 (3) of the Act is repealed and the following substituted:

Deficit on sale of debenture

(3) If a deficit is sustained on the sale of all or part of an issue of debentures of a municipality and all or part of the amount of the deficit is required for the purposes for which the debentures were issued, the amount required shall

be,

(

a) added to the sum to be raised in the first year for the payment of principal and interest on the debentures, and the levy made in the first year shall be increased accordingly; or

(

b) raised by the issue of other debentures for the same or similar purposes.

Section 186 of the Act is amended by inserting "or the method of calculating the rate of interest" after "the rate of interest" in the sixth line.

46. Subsection 187 (7) of the Act is repealed and the following substituted:

Same

(7) The signature of the head of council or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

47. Paragraph 25 of

section 207 of the Act is repealed.

48. Subsection 210.1 (3) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 48, is amended by striking out "subsection 191 (1)" in the fourth line and substituting "any provision of this or any other Act

permitting a municipality to sell or otherwise dispose of land or buildings when they are no longer required for the purposes of the municipality".

49. Sub-subparagraph (

i) of subparagraph (

b) of paragraph 1 of

section 232 of the Act is repealed and the following substituted:

(

i) may provide that the by-law, including any provisions for establishing fares or rates or limiting the number of cabs, applies to the owners and drivers of cabs engaged in the conveyance of goods or passengers from any point within the

municipality to any point outside it, except a conveyance to an airport situated outside the municipality,

(

A) where the airport is owned and operated by the Crown in right of Canada and the cab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the

Department of Transport Act (Canada), or

(

B) where the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the cab bears a valid and

subsisting permit or licence issued by the designated airport authority.

50. (1) Subsection 252 (3) of the Act is amended by striking out "subsection 163 (2)" in the second-last and last lines and substituting "subsection 167 (2)".

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 163 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in the account may also be invested in securities in which a municipality is permitted to invest under

section 167 of the Act.

Same

(3) An investment referred to in clause (2) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

51. (1) Subsection 284 (1) of the Act is repealed and the following substituted:

Maintenance of roads and bridges

(1) The council of the corporation that has jurisdiction over a highway or bridge or upon which the duty of repairing it is imposed by this Act shall keep it in a state of repair that is reasonable in light of all the circumstances, including

the character and location of the highway or bridge.

Liability

(1.1) In case of default, the corporation, subject to the Negligence Act , is liable for all damages any person sustains because of the default.

Defence

(1.2) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the state of repair of the

highway or bridge.

Same

(1.3) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(1.4) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if, at the time the cause of action arises,

(

a) minimum standards established under subsection (1.5) apply,

(

i) to the highway or bridge, and

(ii) to the alleged default; and

(

b) those standards have been met.

Regulation

(1.5) The Minister of Transportation may, by regulation, establish minimum standards of repair for,

(

a) highways and roads;

(

b) classes of highways and roads;

(

c) bridges;

(

d) classes of bridges.

Same

(1.6) The minimum standards may be general or particular in their application.

Application extended to upper tier

(1.7) A regulation made under subsection (1.5) also applies to regional, district and metropolitan municipalities and the County of Oxford.

Adoption by reference

(1.8) A regulation made under subsection (1.5) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers necessary, any code, standard or guideline, as it reads at the time the regulation is made

or as amended from time to time, whether before or after the regulation is made.

(2) Subsection 284 (2) of the Act is amended by striking out "repair" in the fourth line and substituting "a reasonable state of repair".

52. The Act is amended by adding the following Part:

PART XIX.I

MUNICIPAL LIABILITY

Definitions

331.1 In this Part,

"local board" means a local board as defined in the Municipal Affairs Act ; ("conseil local")

"municipality" includes a regional, metropolitan or district municipality and the County of Oxford; ("municipalité")

"sewage" includes drainage water and storm water; ("eaux d'égout")

"sewage works" means facilities for the collection, storage, transmission, treatment or disposal of sewage, or any part of the facilities; ("réseau d'égouts")

"water works" means facilities for the collection, production, treatment, storage, supply or distribution of water, or any part of the facilities. ("réseau d'adduction d'eau")

Liability in nuisance re water and sewage

331.2

(1) No proceeding based on nuisance shall be commenced against a municipality, a member of a municipal council, an employee or agent of the municipality or a local board in connection with the escape of water or sewage

from sewage works or water works.

Rights preserved

(2) Subsection (1) does not exempt a municipality from,

(

a) liability arising from a cause of action that is created by a statute; or

(

b) an obligation to pay compensation that is created by a statute.

Transition

(3) Subsection (1) does not apply if the cause of action arose before the coming into force of

section 52 of the Better Local Government Act, 1996 .

Discretionary duties

331.3 A municipality is not liable for any damages a person sustains as a result of a limitation on the extent to which it does a thing, including the fact that it does not do the thing at all, if,

(

a) an Act confers discretion on the municipality to determine whether or to what extent it will do the thing; and

(

b) the limitation is the result of a policy decision that is made in a good faith exercise of the discretion.

53. Clause 333 (1) (

a) of the Act is amended by striking out "under

section 13 or 14 of the Municipal Elections Act " in the first, second and third lines and substituting "under

section 17 of the Municipal Elections Act,

1996 ".

54. Subsection 336 (2) of the Act is amended by striking out "the clerk who is the returning officer for the election of the trustees under subsection 4 (2) of the Municipal Elections Act " in the fourth, fifth, sixth and

seventh lines and substituting "the clerk who is responsible for conducting the election of the trustees under

section 11 of the Municipal Elections Act, 1996 ".

Section 371 of the Act, as amended by the Statutes of Ontario, 1993,

chapter 27, Schedule, is further amended by adding the following subsection:

Postponement of 1997 update to 1998

(9.1) The direction that would otherwise be required under subsection (9) for 1997 shall be made in 1998.

PART III

AMENDMENTS TO OTHER ACTS

Ambulance Act

(1) The

definitions of "ambulance" and "ambulance service" in

section 1 of the Ambulance Act are repealed and the following substituted:

"ambulance" means a conveyance used or intended to be used for the transportation of persons who,

(

a) have suffered a trauma or an acute onset of illness either of which could endanger their life, limb or function, or

(

b) have been judged by a physician to be in an unstable medical condition and to require, while being transported, the care of a physician, nurse, other health care provider, emergency medical attendant or paramedic, and the use of a

stretcher; ("ambulance")

"ambulance service" means a service, including the service of dispatching ambulances, that is held out to the public as available for the conveyance of persons by ambulance. ("service d'ambulance")

(2) Section 1 of the Act is amended by adding the following

definitions:

"emergency medical attendant" means a person employed by or a volunteer in an ambulance service who meets the qualifications for an emergency medical attendant as set out in the regulations, but does not include a paramedic or a physician,

nurse or other health care provider who attends on a call for an ambulance; ("ambulancier")

"paramedic" means a person employed by or a volunteer in an ambulance service who meets the qualifications for an emergency medical attendant as set out in the regulations, and who is authorized to perform one or more controlled medical acts

under the authority of a base hospital medical director, but does not include a physician, nurse or other health care provider who attends on a call for an ambulance. ("auxiliaire médical")

(3) Subsection 22 (1) of the Act is amended by adding the following clause:

(

h) prescribing the standard of care to be provided to persons by emergency medical attendants and paramedics.

Assessment Act

Section 15 of the Assessment Act , as amended by the Statutes of Ontario, 1991,

chapter 11,

section 1, is repealed and the following substituted:

Enumeration re Municipal Elections Act, 1996

15. For the purposes of the Municipal Elections Act, 1996 , each assessment commissioner shall conduct an enumeration of the inhabitants of any municipality and locality in his or herassessment region, at the times and

in the manner directed by the Minister.

Barrie-Innisfil Annexation Act, 1981

Section 8 of the Barrie-Innisfil Annexation Act, 1981 is repealed.

Barrie-Vespra Annexation Act, 1984

Section 14 of the Barrie-Vespra Annexation Act, 1984 is repealed.

Brantford-Brant Annexation Act, 1980

60. Subsections 6 (1) to (5) of the Brantford-Brant Annexation Act, 1980 are repealed.

The City of Timmins-Porcupine Act, 1972

61. (1) Subsections 3 (1), (2) (3), (4) and (6) of The City of Timmins-Porcupine Act, 1972 are repealed.

(2) Section 4 of the Act is repealed.

The City of Thunder Bay Act, 1968-69

62. (1) Subsections 3 (1), (2), (3), (5), (5a) and (5b) of The City of Thunder Bay Act, 1968-69 , as amended by the Statutes of Ontario, 1978,

chapter 9,

section 1, are repealed.

(2) Section 4 of the Act is repealed.

Conservation Authorities Act

63. (1) Subsections 24 (1) and (2) of the Conservation Authorities Act are repealed and the following substituted:

Approval of project

(1) Before proceeding with a project, the authority shall file plans and a description with the Minister and obtain his or her approval in writing.

(2) Subsection 24 (5) of the Act is repealed.

(3) Subsection 26 (3) of the Act is amended by striking out "subject only to the conditions as the Ontario Municipal Boardmay impose as to the time and manner of the raising of the money".

County of Oxford Act

64. (1) Subsections 4 (1), (3) and (4) of the County of Oxford Act are repealed.

(2) Section 5 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the County, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under

section 13 of the Municipal Act .

2. A petition under

section 13.2 of that Act relating to an area municipality.

(3) Section 9 of the Act is repealed.

(4) Section 12 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the County Council under

section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the County Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(5) Section 33 of the Act is repealed and the following substituted:

Road maintenance

(1) The County shall keep every road included in the county road system in a state of repair that is reasonable inlight of all the circumstances, including the road's character and location.

Defence

(2) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(3) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(4) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(

a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(

i) to the road, and

(ii) to the alleged default; and

(

b) those standards have been met.

(6) Subsection 78 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 58, is repealed and the following substituted:

Investment of money

(1) Sections 167.1 and 167.3 of the Municipal Act apply to the County with necessary modifications.

(7) Subsection 86 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the County is permitted to invest under

section 167 of the Municipal Act .

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(8) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 86 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a reserve fund may also be invested in securities in which the County is permitted to invest under

section 167 of the Municipal Act .

Same

(9) An investment referred to in clause (8) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(10) For the purposes of subsections (8) and (9), the effective date is the day subsection (7) comes into force.

(11) Subsection 87 (6) of the Act is repealed and the following substituted:

Same

(6) The signature of the warden or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(12) Subsection 88 (1) of the Act is repealed and the following substituted:

Debt

(1) The County may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the County.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(13) Section 90 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 61, is repealed.

(14) Section 91 of the Act is repealed and the following substituted:

Concurrence of specified number of members of area council

91. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the County Council

shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the County by-law.

(15) Subsection 92 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the warden or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(16) Subsection 93 (1) of the Act is amended by striking out "interest annually or semi-annually upon the balance from time to time remaining unpaid, but" in the fourth, fifth and sixth lines and substituting "interest payable in one or

more instalments in each year, and".

(17) Subsection 93 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(18) Clause 93 (7) (

b) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 63, is repealed and the following substituted:

(

b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the County for the repayment of the

debt for which debentures were issued, commencing on the date the original debentures were issued.

(19) Subsections 93 (11), (12), (13), (14), (15) and (16) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(11) A by-law for the issuing of debentures may provide for issuing them,

(

a) on any date specified in the by-law; or

(

b) in sets in the amounts and on the dates required.

Same

(12) Subject to subsection (13), debentures may bear any date or dates specified in the issuing by-law, including a date

before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(14) The County Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(15) A by-law passed under this

section comes into force on the day it is passed, unless a later date is specified in the by-law.

(20) Subsection 93 (20) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 63, subsection 93 (21) of the Act and subsection 93 (22) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 63, are repealed.

(21) Subsection 93 (23) of the Act is repealed and the following substituted:

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to

pay the principal of the debentures at maturity.

(22) Subsections 93 (33), (34) and (35) of the Act are repealed and the following substituted:

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the County is permitted to invest under

section 167 of the Municipal Act .

Transition

(23) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 93 (33) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in the accounts may also be invested in securities in which the County is permitted to invest under

section 167 of the Municipal Act .

Same

(24) An investment referred to in clause (23) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(25) For the purposes of subsections (23) and (24), the effective date is the day subsection (22) comes into force.

(26) Subsection 93 (37) of the Act is amended by striking out "capitalized" in the second line of clause (

a) and in the second and third lines of clause (

b) and substituting "compounded" in both cases.

(27) Subsection 93 (41) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the

by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the County Council or the council of an area municipality may reduce

the amount of money to be raised with respect to the debt.

(28) Subsection 93 (43) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 63, is repealed and the following substituted:

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the County Council,

(

a) use the surplus to increase the amount at the credit of another sinking fund account; or

(

b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (

b) are:

1. Retirement of unmatured debentures of the County or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the County or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general fund of the County or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause (43) (

a) or (

b) for the purposes of the County or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking

fund account in which the surplus arose.

(29) Subsection 93 (45) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 63, is further amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in

each year".

(30) Subsection 97 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(31) Subsection 100 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 91 (1) or" in the first, second, third and fourth lines.

(32) Section 101 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 65, is repealed and the following substituted:

Execution

(1) A debenture shall bear,

(

a) the County's seal; and

(

b) the signatures of,

(

i) the warden, or another person authorized to sign by a by-law of the County, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the County.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this

section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(

a) it bears the required signatures; and

(

b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(33) Subsection 105 (4) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 68, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the County shall,

(

a) cancel and destroy it;

(

b) certify the cancellation and destruction in the debenture registry; and

(

c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(34) Clause 106 (3) (

c) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 69, is further amended bystriking out "other capital expenditures of a similar nature for which the issue of debentures has been

authorized by the County" and substituting "capital expenditures for which the issue of debentures has been approved by the County".

(35) Subsection 106 (4) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 69, is further amended by striking out "approved by the County" in the third-last and second-last lines.

(36) Section 107 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines and by striking out "other" in the ninth line.

(37) Section 112 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh line.

(38) Clause 112 (

a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fourth, fifth and sixth lines and substituting "and apply the proceeds".

(39) Section 117 of the Act is repealed.

County of Simcoe Act, 1993

65. (1) Subsection 3 (1) of the County of Simcoe Act, 1993 is repealed.

(2) Section 4 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of one or more local municipalities, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of a local municipality passed under

section 13 of the Municipal Act .

2. A petition under

section 13.2 of that Act relating to a local municipality.

(3) Section 7 of the Act is repealed.

(4) Sections 41, 42, 43 and 55 of the Act are repealed.

District Municipality of Muskoka Act

(1) Section 4 of the District Municipality of Muskoka Act is repealed.

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

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the District Corporation, the Minister may give the Municipal Board a written notice of the

inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under

section 13 of the Municipal Act .

2. A petition under

section 13.2 of that Act relating to an area municipality.

(3) Section 11 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the District Council under

section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the District Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(4) Section 33 of the Act is repealed and the following substituted:

Road maintenance

(1) The District Corporation shall keep every road included in the district road system in a state of repair that is reasonable in light of all the circumstances, including the road's character and location.

Expenditures

(2) In all cases the Minister of Transportation shall determine the amount of expenditure that is properly chargeable to road improvement, and his or her decision is final.

Defence

(3) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(4) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(5) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(

a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(

i) to the road, and

(ii) to the alleged default; and

(

b) those standards have been met.

(5) Subsection 70 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 23, is repealed and the following substituted:

Investment of money

(1) Sections 167.1 and 167.3 of the Municipal Act apply to the District Corporation with necessary modifications.

(6) Subsection 84 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(7) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 84 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a reserve fund may also be invested in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(8) An investment referred to in clause (7) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(9) For the purposes of subsections (7) and (8), the effective date is the day subsection (6) comes into force.

(10) Subsection 85 (7) of the Act is repealed and the following substituted:

Investments and income

(7) The money raised for a fund established under this

section shall be paid into a special account, and may be invested only in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal

Act .

Same

(7.1) The earnings derived from investment of a fund established under this

section form part of it.

Transition

(11) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 85 (7) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a fund established under

section 85 of the Act may also be invested in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(12) An investment referred to in clause (11) (

a) shall not be continued after the first anniversary of the effective dateunless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(13) For the purposes of subsections (11) and (12), the effective date is the day subsection (10) comes into force.

(14) Subsection 86 (6) of the Act is repealed and the following substituted:

Same

(6) The signature of the chair or any other person authorized to sign promissory notes or banker's acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(15) Subsection 87 (1) of the Act and subsection 87 (1.1) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 25, are repealed and the following substituted:

Debt

(1) The District Council may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the District Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(16) Section 88 of the Act, as amended by the Statutes of Ontario, 1991,

chapter 15,

section 11, is repealed and the following substituted:

Concurrence of specified number of members of area council

88. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the District Council

shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the District by-law.

(17) Subsection 89 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(18) Subsection 91 (1) of the Act is amended by striking out "interest annually or semi-annually upon the balance from time to time remaining unpaid, but" in the fourth, fifth and sixth lines and substituting "interest payable in one or

more instalments in each year, and".

(19) Subsection 91 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(20) Clause 91 (7) (

b) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 27, is repealed and the following substituted:

(

b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the District Council for the

repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(21) Subsections 91 (11), (12), (13), (14), (15) and (16) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(11) A by-law for the issuing of debentures may provide for issuing them,

(

a) on any date specified in the by-law; or

(

b) in sets in the amounts and on the dates required.

Same

(12) Subject to subsection (13), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are

dated or in the next year.

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(14) The District Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(15) A by-law passed under this

section comes into force on the day it is passed, unless a later date is specified in the by-law.

(22) Subsection 91 (20) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 15,

section 27, and subsections 91 (21) and (22) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 27, are

repealed.

(23) Subsection 91 (23) of the Act is repealed and the following substituted:

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to

pay the principal of the debentures at maturity.

(24) Subsections 91 (33), (34) and (35) of the Act are repealed and the following substituted:

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal Act .

Transition

(25) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 91 (33) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in the accounts may also be invested in securities in which the District Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(26) An investment referred to in clause (25) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(27) For the purposes of subsections (25) and (26), the effective date is the day subsection (24) comes into force.

(28) Subsection 91 (37) of the Act is amended by striking out "capitalized" in the second and third lines of clause (

a) and in the second and third lines of clause (

b) and substituting "compounded" in both cases.

(29) Subsection 91 (41) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the

by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the District Council or the council of an area municipality may reduce

the amount of money to be raised with respect to the debt.

(30) Subsection 91 (43) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 27, is repealed and the following substituted:

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the District Council,

(

a) use the surplus to increase the amount at the credit of another sinking fund account; or

(

b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (

b) are:

1. Retirement of unmatured debentures of the District Corporation or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the District Corporation or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general funds of the District Corporation or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause 43 (

a) or (

b) for the purposes of the District Corporation or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to

the sinking fund account in which the surplus arose.

(31) Subsection 91 (45) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 27, is further amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in

each year".

(32) Subsection 91 (48) of the Act is amended by striking out "proportionately" in the fourth line and substituting "equally".

(33) Subsection 95 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(34) Subsection 98 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 88 (2) or" in the first, second, third and fourth lines.

(35) Section 99 of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 29, is repealed and the following substituted:

Execution

(1) A debenture shall bear,

(

a) the seal of the District Corporation; and

(

b) the signatures of,

(

i) the chair, or another person authorized to sign by a by-law of the District Council, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the District Corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this

section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(

a) it bears the required signatures; and

(

b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(36) Subsection 103 (4) of the Act, as amended by the Statutes of Ontario, 1992,

chapter 15,

section 32, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the District Corporation shall,

(

a) cancel and destroy it;

(

b) certify the cancellation and destruction in the debenture registry; and

(

c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(37) Clause 104 (3) (

c) of the Act is amended by striking out "other capital expenditures of a similar nature for which the issue of debentures has been approved by the Municipal Board" in the second, third, fourth and fifth lines and

substituting "capital expenditures for which the issue of debentures has been approved by the District Corporation".

(38) Subsection 104 (4) of the Act is amended by striking out "approved by the Municipal Board" in the third-last and second-last lines.

(39) Section 105 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines.

(40) Section 110 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines.

(41) Clause 110 (

a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fourth, fifth and sixth lines and substituting "and apply the proceeds".

(42) Section 116 of the Act is repealed.

Education Act

(1) The definition of "polling list" in subsection 1 (1) of the Education Act is repealed and the following substituted:

"polling list" means the list of electors for each voting place prepared under

section 28 of the Municipal Elections Act, 1996 . ("liste électorale")

(2) Clause 55 (2) (

d) of the Act is amended by striking out "new election" in the fourth line and substituting "first election".

(3) Clause 95 (1) (

a) of the Act is amended by striking out "in the year next following" in the sixth line and substituting "during the two years following".

(4) Paragraph 45 of subsection 171 (1) of the Act is repealed and the following substituted:

45. pass a resolution referred to in subsection 57 (1) of the Municipal Elections Act, 1996 .

(5) Subsection 218 (1) of the Act is amended by striking out "action" in the third line and substituting "application".

(6) Subsection 218 (2) of the Act is amended by striking out "action" in the first line and in the last line and substituting "application" in both cases.

(7) Subsection 218 (3) of the Act is amended by striking out "action" in the first line and substituting "application".

(8) Subsections 218 (4) and (5) of the Act are repealed and the following substituted:

Application of Municipal Elections Act, 1996

(4) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to an application made under this section, with necessary modifications.

Joining of claims

(5) A claim in an application under this

section may be joined with a claim in an application under

section 83 of the Municipal Elections Act, 1996 , and the claims may be heard and disposed of together.

(9) Subsection 218 (6) of the Act is amended by striking out " Municipal Elections Act " in the first and second lines and in the last line and substituting " Municipal Elections Act, 1996 " in both cases.

(10) Section 219 of the Act is repealed and the following substituted:

Disqualification of employees

219. Except during a leave of absence under

section 30 of the Municipal Elections Act, 1996 , an employee of a board is not eligible to be elected or to hold office as a member of the board.

(11) Subsection 220 (2) of the Act is amended by striking out "an elector, as defined in the Municipal Elections Act " in the first and second lines and substituting "entitled to be an elector under the Municipal Elections

Act, 1996 ".

(12) Clause 222 (2) (

b) of the Act is amended by striking out "new election" in the first line and substituting "by-election".

(13) Subsection 227 (2) of the Act is repealed and the following substituted:

Interim administration pending by-election

(2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act, 1996 and no election can be held under that Act, the Minister may by order provide for the

fulfilling of the duties and obligations of the board until such time as a by-election is held in accordance with that Act and the members so elected have taken office.

Highway Traffic Act

68. The Highway Traffic Act is amended by adding the following Part:

PART X.2

MEDICAL TRANSPORTATION SERVICES

Definitions

191.5 In this Part,

"local board" means a local board as defined in

section 1 of the Municipal Affairs Act and any other body performing a public function that is prescribed by regulation, but it does not include the Toronto Area Transit Operating

Authority; ("conseil local")

"medical transportation service" means a service that is designated by the Minister and that offers transportation to the public, primarily for medical purposes, within, to or from a municipality, but does not include an ambulance service that

is licensed under the Ambulance Act ; ("service de transport médical")

"municipality" includes a county, a local, district, metropolitan or regional municipality and the County of Oxford. ("municipalité")

By-laws re medical transportation services

191.6

(1) A municipality may pass by-laws to set standards for the operation of medical transportation services.

When local boards may pass resolutions

(2) In areas where there is no municipal organization or, where the council of a municipality delegates its power under this

section to a local board, a local board may pass resolutions to set standards for the operation of medical

transportation services.

Penalty

(3) Every person who contravenes a by-law or resolution passed under this

section is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Regulations

191.7 The Minister may make regulations,

(

a) providing that a body that performs a public function is a local board for the purposes of this Part;

(

b) designating types of services to be medical transportation services and types of vehicles that may be used to provide medical transportation services.

Homes for the Aged and Rest Homes Act

(1) Section 16 of the Homes for the Aged and Rest Homes Act is amended by striking out "Subject to the approval of the Ontario Municipal Board and without the assent of the electors, a municipality may issue debentures" at

the beginning and substituting "A municipality may issue debentures, without the assent of the electors".

(2) Subsection 26 (1) of the Act, as amended by the Statutes of Ontario, 1993,

chapter 27, Schedule, is repealed and the following substituted:

Alternative method of raising funds

(1) The council of two or more of the municipalities in the territorial district may agree to,

(

a) authorize one of the municipalities in the district to raise the whole amount required by the issue of its debentures; or

(

b) authorize two or more of the municipalities in the district to raise the whole amount required by the issue of their debentures, each raising part as the councils agree.

Same

(1.1) The municipality or municipalities shall raise the amount required in accordance with the agreement and shall pay the proceeds to the board of management of the home.

Same

(1.2) Subsection 25 (4) does not apply in the case of an agreement under this section.

Liquor Licence Act

70. (1) Subsection 55 (1) of the Liquor Licence Act is repealed and the following substituted:

Voting day

(1) Subject to subsection (2), the day fixed for taking a vote on any question under

section 53 or 54 shall be voting day in the next regular election under the Municipal Elections Act, 1996 , unless the council, with the approval of

the Board, fixes another day and notifies the clerk of the municipality.

Local Government Disclosure of Interest Act, 1994

71. Clause 5 (2) (

b) of the Local Government Disclosure of Interest Act, 1994 is repealed and the following substituted:

(

b) a contribution that is permitted under the Municipal Elections Act, 1996 .

London-Middlesex Act, 1992

72. (1) Subsections 6 (1), (2) and (3) of the London-Middlesex Act, 1992 are repealed.

(2) Section 7 of the Act is repealed.

(3) Section 8 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of the City, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law passed by the City under

section 13 of the Municipal Act .

2. A petition under

section 13.2 of that Act relating to the City.

Municipal Freedom of Information and Protection of Privacy Act

73. Paragraph 1 of subsection 53 (2) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

1. Subsection 88 (6) of the Municipal Elections Act, 1996 .

Municipality of Metropolitan Toronto Act

74. (1) Subsections 4 (1), (2), (3), (4) and (5) of the Municipality of Metropolitan Toronto Act are repealed.

(2) Section 5 of the Act is repealed and the following substituted:

By-law re wards

(1) Metropolitan Council may pass a by-law dividing or redividing the Metropolitan Area into wards.

Public notice and meeting

(2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria

(3) Metropolitan Council shall have regard to the prescribed criteria for establishing ward boundaries.

Same

(4) The Minister may, by regulation, establish criteria for the purpose of subsection (3).

Effective date

(5) A by-law passed under this

section or an order made under this or any other Act dividing the Metropolitan Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does

not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(6) Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996 , a by-law passed under this

section on or before March 31, 1997 comes into force for the 1997 regular election.

Conflict

(7) If there is a conflict between this

section and any provision dealing with municipal wards that is contained in a public or private Act, this

section prevails.

Existing proceedings continued

(8) An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 74 (2) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it

read on the day before the coming into force of that subsection.

Existing wards continued

(9) Until a by-law passed under this

section comes into force, the wards existing on the day before the coming into force of subsection 74 (2) of the Better Local Government Act, 1996 are unaffected.

Appeals

(10) Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1).

Petitions

(11) Section 13.2 of the Municipal Act applies to the Metropolitan Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards.

(3) Section 9 of the Act, as amended by the Statutes of Ontario, 1991,

chapter 15,

section 14, is further amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the Metropolitan Council under

section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the Metropolitan Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(4) Subsection 11 (9) of the Act is amended by striking out "the 31st day of March of an election year, as defined in the Municipal Elections Act " in the second and third lines and substituting "March 31 in the year of a

regular election under the Municipal Elections Act, 1996 ".

(5) Clause 11 (9) (

b) of the Act is amended by striking out "section 108 of the Municipal Elections Act " and substituting "section 65 of the Municipal Elections Act, 1996 ".

(6) Subsection 11 (10) of the Act is amended by striking out "the 31st day of March of an election year, as defined in the Municipal Elections Act " and substituting "March 31 in the year of a regular election under the

Municipal Elections Act, 1996 ".

(7) Subsection 42 (3) of the Act is repealed and the following substituted:

Investments and income

(3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may beinvested only in securities in which the Metropolitan Corporation is permitted to invest under

section 167 of the

Municipal Act .

Same

(3.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(8) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 42 (3) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(9) An investment referred to in clause (8) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(10) For the purposes of subsections (8) and (9), the effective date is the day subsection (7) comes into force.

(11) Section 78 of the Act is amended by adding the following subsections:

Reasonable state of repair

(2) The Metropolitan Corporation shall keep every road included in the metropolitan road system in a state of repair that is reasonable in light of all the circumstances, including the road's character and location.

Defence

(3) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(4) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(5) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(

a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(

i) to the road, and

(ii) to the alleged default; and

(

b) those standards have been met.

(12) Subsection 112 (1) of the Act is amended by striking out "Subject to the approval of the Municipal Board" in the first and second lines.

(13) Section 162 of the Act is amended by adding the following subsection:

Restriction

(5) No board of education shall make any commitment in connection with a permanent improvement to be financed under this

section until,

(

a) the School Board has approved the cost of the permanent improvement; and

(

b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it.

(14) Section 163 of the Act, as amended by the Statutes of Ontario, 1993,

chapter 23,

section 69, is repealed and the following substituted:

School Board debentures

(1) Despite subsection 162 (5), if the Metropolitan Corporation disapproves an application under

section 162 or 164, the School Board may, subject to subsection (2), borrow money and raise the sums required by issuing

debentures in the manner prescribed for the issue of municipal debentures under the Municipal Act .

O.M.B. approval

(2) If the amount to be borrowed exceeds the limit prescribed under subsection 235.3 (1) of the Education Act , the approval of the Municipal Board is required.

Duties and powers

(3) For the purposes of this section, the School Board, its chair and its treasurer have the same duties and powers inconnection with the issuing of debentures and the use of money from the sale and hypothecation of debentures as the

Municipal Act imposes and confers on a municipality, its head of council and its treasurer respectively.

Application of Education Act , subs. 235 (2)

(4) For the purposes of this section, subsection 235 (2) of the Education Act applies to the School Board, with necessary modifications.

Application of certain provisions of Municipal Act

(5) For the purposes of this section,

section 123 of the Municipal Act , except subsections (1), (2), (10), (11) and (14), applies to the School Board, with necessary modifications.

(15) Section 164 of the Act, as amended by the Statutes of Ontario, 1993,

chapter 23,

section 69, is repealed and the following substituted:

Application for issue and sale of debentures

(1) The School Board may apply to the Metropolitan Council for the issue and sale of debentures by the Metropolitan Corporation for the purpose of financing permanent improvements to be undertaken by the School Board or a

board of education.

Same

(2) The application shall not specify particular sites or projects.

Restriction

(3) No board of education shall make any commitment in connection with a permanent improvement to be financed under subsection (1) until,

(

a) the School Board has approved the cost of the permanent improvement; and

(

b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it.

Definition

(4) In this section,

"permanent improvement" means,

(

a) a permanent improvement as defined in subsection 1 (1) of the Education Act , or

(

b) a renovation that is deemed to be a permanent improvement under subsection 162 (4).

(16) Section 178 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the Metropolitan Corporation, the Minister may give the Municipal Board a written notice

of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under

section 13 of the Municipal Act .

2. An appeal of a by-law of the Metropolitan Council passed under subsection 5 (1) of this Act.

3. A petition under

section 13.2 of the Municipal Act relating to an area municipality or to the Metropolitan Area.

(17) Subsections 242 (1) and (2) of the Act are repealed.

(18) Subsection 242 (4) of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 15,

section 43, is repealed and the following substituted:

Investment of money

(4) Sections 167.1 and 167.3 of the Municipal Act apply to the Metropolitan Council with necessary modifications.

(19) Subsection 246 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the Metropolitan Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(20) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 246 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(

b) money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under

section 167 of the Municipal Act .

Same

(21) An investment referred to in clause (20) (

a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under

section 167 of the Municipal Act .

Effective date

(22) For the purposes of subsections (20) and (21), the effective date is the day subsection (19) comes into force.

(23) Subsection 247 (7) of the Act is repealed and the following substituted:

Same

(7) The signature of the chair or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(24) Subsection 248 (1) of the Act is repealed and the following substituted:

Debt

(1) The Metropolitan Corporation may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the Metropolitan Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(25) Subsection 248 (2) of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines".

(26) Section 249 of