Municipal Act, 2001, S.O. 2001, c. 25

JurisdictionOntario

Municipal Act, 2001

S.O. 2001, Chapter 25

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 10, Sched. 5.

CONTENTS

PART I
GENERAL

Interpretation

1 (1) In this Act,

“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)

“business licensing by-law” means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; (“règlement sur les permis d’entreprise”)

“county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”)

“economic development services” means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway; (“voie publique”)

“land” includes buildings; (“bien-fonds”)

“licence”, in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and “licensing” has a corresponding meaning; (“permis”)

“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)

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” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 33 (1))

“local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)

“lower-tier municipality” means a municipality that forms part of an upper-tier municipality for municipal purposes; (“municipalité de palier inférieur”)

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

“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)

“old Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read immediately before its repeal under this Act; (“ancienne loi”)

“person” includes a municipality unless the context otherwise requires; (“personne”)

“power”, in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; (“pouvoir”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public utility” means,

(a) a system that is used to provide any of the following services or things for the public:

(i) water,

(ii) sewage,

(iii) fuel, including natural and artificial gas,

(iv) energy, excluding electricity,

(v) heating and cooling, and

(vi) telephone, and

(b) the service or thing that is provided; (“service public”)

“rateable property” means land that is subject to municipal taxation; (“bien imposable”)

“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, financial statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs and films; (“document”)

“regional municipality” means an upper-tier municipality that was a regional or district municipality or the County of Oxford on December 31, 2002; (“municipalité régionale”)

“regular election” means the regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (“élections ordinaires”)

“sewage” includes,

(a) storm water and other drainage from land, and

(b) commercial wastes and industrial wastes that are disposed of in a sewage system; (“eaux d’égout”)

“single-tier municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes; (“municipalité à palier unique”)

“spouse” means a person,

(a) to whom the person is married, or

(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)

“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)

“unorganized territory” means a geographic area without municipal organization; (“territoire non érigé en municipalité”)

“upper-tier municipality” means a municipality of which two or more lower-tier municipalities form part for municipal purposes. (“municipalité de palier supérieur”) 2001, c. 25, s. 1 (1); 2005, c. 5, s. 44 (1, 2); 2006, c. 9, Sched. H, s. 5 (1); 2006, c. 32, Sched. A, s. 1.

Municipality

(2) In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires. 2001, c. 25, s. 1 (2).

Amount added to tax roll

(2.1) If, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act. 2002, c. 17, Sched. A, s. 1 (1).

Amounts imposed by upper-tier, etc.

(2.2) The treasurer of a local municipality shall, upon the request of its upper-tier municipality, if any, or of a local board or school board whose area of jurisdiction includes any part of the local municipality, add amounts imposed by the upper-tier municipality, local board or school board, respectively, under subsection (2.1). 2002, c. 17, Sched. A, s. 1 (1).

Priority lien status

(3) If an amount is added to the tax roll in respect of a property under subsection (2.1) or (2.2), that amount, including interest,

(a) may be collected in the same manner as taxes on the property;

(b) may be recovered with costs as a debt due to the municipality from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;

(c) is a special lien on the property in the same manner as are taxes under subsection 349 (3); and

(d) may be included in the cancellation price under Part XI in the same manner as are taxes on the property. 2002, c. 17, Sched. A, s. 1 (2).

Application to other Acts

(4) This section applies to all other Acts or provisions of Acts affecting or relating to municipal matters unless the context otherwise requires. 2001, c. 25, s. 1 (4).

General definitions

(5) Unless the context otherwise requires, the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”, “regional municipality”, “single-tier municipality” and “upper-tier municipality”, when used in any other Act or regulation, have the same meanings as in subsection (1). 2002, c. 17, Sched. A, s. 1 (3).

Taxes of a municipality

(6) In this Act, except in Part IX.1 (Optional Tax on Vacant Residential Units), a reference to a tax of a municipality or any other expression meaning a tax of a municipality does not include a tax imposed under Part IX.1, unless the context requires otherwise. 2017, c. 8, Sched. 19, s. 1.

Same

(7) In this Act, except in Part XII.1 (Power to Impose Transient Accommodation Tax), a reference to a tax of a municipality or any other expression meaning a tax of a municipality does not include a transient accommodation tax imposed under Part XII.1, unless the context requires otherwise. 2017, c. 8, Sched. 19, s. 1.

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

2002, c. 17, Sched. A, s. 1 (1-3) - 01/01/2003

2005, c. 5, s. 44 (1, 2) - 13/06/2005

2006, c. 9, Sched. H, s. 5 (1) - 18/05/2006; 2006, c. 32, Sched. A, s. 1 (1-3) - 01/01/2007

2017, c. 8, Sched. 19, s. 1 - 01/12/2017

2018, c. 3, Sched. 5, s. 35 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 33 (1) - not in force

Purposes

2 Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters. 2006, c. 32, Sched. A, s. 2.

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

2006, c. 32, Sched. A, s. 2 - 01/01/2007

Consultation

3 (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the...

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