City of Ottawa Act, 1999, S.O. 1999, c. 14, Sched. E

JurisdictionOntario

City of Ottawa Act, 1999

S.O. 1999, CHAPTER 14
Schedule E

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 36.

CONTENTS

Interpretation

Interpretation

1 (1) In this Act,

“city” means the City of Ottawa incorporated by this Act; (“cité”)

“collective agreement” means,

(a) a collective agreement within the meaning of the Labour Relations Act, 1995,

(b) a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or

(c) an agreement under Part VIII of the Police Services Act; (“convention collective”)

“local board” means a public utility commission, municipal service board, transportation commission, public library board, board of park management, board of health, police services board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the city, but does not include,

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local board” in subsection 1 (1) of the Act is amended by striking out “police services board” in the portion before clause (a) and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 9 (1))

(a) the transition board,

(b) a children’s aid society,

(c) a conservation authority, or

(d) a school board; (“conseil local”)

“merged area” means all of an old municipality that forms part of the city; (“secteur fusionné”)

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

“municipal area” means the area that comprises the geographic area of jurisdiction of The Regional Municipality of Ottawa-Carleton under the Regional Municipality of Ottawa-Carleton Act on December 31, 2000; (“secteur municipal”)

“municipal benefit” includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; (“avantage municipal”)

“old municipality” means The Regional Municipality of Ottawa-Carleton and each area municipality under the Regional Municipality of Ottawa-Carleton Act on December 31, 2000; (“ancienne municipalité”)

“passenger transportation system” means a system that provides, for compensation, transportation for passengers or passengers and freight in vehicles operated underground, on the ground or above the ground, but not in taxicabs; (“réseau de transport de passagers”)

“special service” means a service or activity of the city that is not being provided or undertaken generally throughout the city or that is being provided or undertaken at different levels or in a different manner in different parts of the city; (“service spécial”)

“transition board” means the transition board referred to in subsection 19 (1). (“conseil de transition”) 1999, c. 14, Sched. E, s. 1; 2000, c. 5, s. 5 (1, 2); 2002, c. 17, Sched. F, Table.

Same

(2) In this Act, expressions relating to sewage, sewer systems, land drainage and treatment works, including a capital improvement of any of them, have the same meaning as set out in section 73 of the Regional Municipalities Act, as that Act read immediately before its repeal under the Municipal Act, 2001. 2000, c. 5, s. 5 (3); 2002, c. 17, Sched. F, Table.

Section Amendments with date in force (d/m/y)

2000, c. 5, s. 5 (1-3) - 01/01/2001

2002, c. 17, Sched. F, Table - 01/01/2003

2018, c. 3, Sched. 5, s. 10 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 9 (1) - not in force

The City

Incorporation

2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name “City of Ottawa” in English and “ville d’Ottawa” in French. 1999, c. 14, Sched. E, s. 2 (1); 2000, c. 5, s. 5 (4).

Status

(2) The body corporate is a city and a local municipality for all purposes. 1999, c. 14, Sched. E, s. 2 (2).

(3) Repealed: 2002, c. 17, Sched. F, Table.

Section Amendments with date in force (d/m/y)

2000, c. 5, s. 5 (4) - 01/01/2001

2002, c. 17, Sched. F, Table - 01/01/2003

Wards

3 The municipal area is divided into 21 wards as established by regulation. 1999, c. 14, Sched. E, s. 3; 2000, c. 5, s. 5 (5).

Section Amendments with date in force (d/m/y)

2000, c. 5, s. 5 (5) - 01/01/2001

City council

4 (1) The city council is composed of the mayor, elected by general vote, and 21 other members, elected in accordance with subsection (2). 1999, c. 14, Sched. E, s. 4 (1); 2000, c. 5, s. 5 (6).

Same

(2) One member of the council shall be elected for each ward. 1999, c. 14, Sched. E, s. 4 (2).

Transition, first council

(3) The following special rules apply to the members of the council elected in the 2000 regular election:

1. Despite section 6 of the Municipal Elections Act, 1996, the members’ terms of office begin on January 1, 2001.

2. Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001. 1999, c. 14, Sched. E, s. 4 (3).

Section Amendments with date in force (d/m/y)

2000, c. 5, s. 5 (6) - 01/01/2001

Dissolution of old municipalities

5 (1) The following municipalities are dissolved on January 1, 2001:

1. The Regional Municipality of Ottawa-Carleton.

2. The City of Cumberland.

3. The City of Gloucester.

4. The Township of Goulbourn.

5. The City of Kanata.

6. The City of Nepean.

7. The Township of Osgoode.

8. The City of Ottawa.

9. The Township of Rideau.

10. The Village of Rockcliffe Park.

11. The City of Vanier.

12. The Township of West Carleton. 1999, c. 14, Sched. E, s. 5 (1).

Rights and duties

(2) The city stands in the place of the old municipalities for all purposes. 1999, c. 14, Sched. E, s. 5 (2).

Same

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

(a) the city has every power and duty of an old municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and

(b) all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation. 1999, c. 14, Sched. E, s. 5 (3).

Same, debentures

(4) Without limiting the generality of clause (3) (b), the city stands in the place of The Regional Municipality of Ottawa-Carleton with respect to debentures issued by the regional municipality on which the principal remains unpaid on December 31, 2000, and the city is also responsible to pay any related debt charges that are payable on or after January 1, 2001. 1999, c. 14, Sched. E, s. 5 (4).

Exception, emergency powers

(5) Until the city council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies. 1999, c. 14, Sched. E, s. 5 (5).

By-laws and resolutions

(6) Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the city council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise. 1999, c. 14, Sched. E, s. 5 (6).

Official plans

(7) Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the city on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise. 1999, c. 14, Sched. E, s. 5 (7).

Effect of this section

(8) Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution. 1999, c. 14, Sched. E, s. 5 (8).

Employees of old municipalities

(9) A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the city or of one of its local boards on January 1, 2001. 1999, c. 14, Sched. E, s. 5 (9).

Same

(10) A person’s employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (9). 1999, c. 14, Sched. E, s. 5 (10).

Payment of certain employment benefits

(11) Despite the repeal of the Regional Municipality of Ottawa-Carleton Act, the city shall continue to provide the allowances described in subsections 9 (1) and (2) of that Act, as they read on December 31, 2000, to the persons who are entitled to such allowances on that date. 1999, c. 14, Sched. E, s. 5 (11).

Same

(12) Subsections 9 (1) and (2) of the Regional Municipality of Ottawa-Carleton Act, as they read on December 31, 2000, continue to apply with respect to the allowances to be provided by the city under subsection (11), despite the repeal of that Act. 1999, c. 14, Sched. E, s. 5 (12).

Local Boards

Police services board

6 (1) On January 1, 2001, the Regional Municipality of Ottawa-Carleton Police Services Board is continued under the name “Ottawa Police Services Board” in English and “Commission des services policiers d’Ottawa” in French. 1999, c. 14, Sched. E, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 9 (2))

Police service board

(1) On the day subsection 31 (1) of the Schedule 1 (Community Safety and...

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