Municipal Act, R.S.O. 1990, c. M.45

• Jurisdiction: Ontario

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Municipal Act

R.S.O. 1990, CHAPTER M.45

Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (1), 485 (1).

Amended by: 1991, c. 11, s. 5; 1991, c. 15, ss. 1-6 ;1991, c. 54, s. 9; 1992, c. 15, ss. 1-19; 1992, c. 17, s. 5; 1992, c. 23, s. 40; 1992, c. 32, s. 22; 1993, c. 11, ss. 44, 45; 1993, c. 20, ss. 1-4; 1993, c. 23, s. 68; 1993, c. 26, ss. 46-48; 1993, c. 27, Sched.; 1994, c. 2, ss. 50, 51; 1994, c. 7; 1994, c. 10, s. 21; 1994, c. 17, s. 49; 1994, c. 23, ss. 51-58; 1994, c. 25, s. 82; 1994, c. 27, ss. 109, 123; 1994, c. 37, ss. 1-5; 1996, c. 1, Sched. M, ss. 1-24; 1996, c. 4, s. 54; 1996, c. 32, ss. 2-58; 1997, c. 5, ss. 40-61; 1997, c. 8, s. 43; 1997, c. 19, s. 39; 1997, c. 23, s. 10; 1997, c. 24, s. 216; 1997, c. 25, Sched. E, s. 6; 1997, c. 26, Sched.; 1997, c. 27, s. 72; 1997, c. 29, ss. 22-49; 1997, c. 31, s. 155; 1997, c. 43, Sched. F, s. 9; 1997, c. 43, Sched. G, s. 23; 1998, c. 3, ss. 11-30; 1998, c. 4, s. 3; 1998, c. 15, Sched. E, s. 19; 1998, c. 33, ss. 9-37; 1999, c. 6, s. 40; 1999, c. 9, ss. 143-164; 1999, c. 12, Sched. M, ss. 17-20; 1999, c. 14, Sched. F, s. 5; 2000, c. 5, s. 15; 2000, c. 25, ss. 14-44; 2000, c. 26, Sched. K, s. 2; 2001, c. 8, ss. 190-193, 207; 2001, c. 13, s. 21; 2001, c. 17, s. 3; 2001, c. 23, ss. 156-168; 2001, c. 25, ss. 478, 484; 2001, c. 32, s. 29; 2002, c. 17, Sched. C, s. 16.

Definitions

1.(1)In this Act,

“arbitration” means an arbitration under this Act; (“arbitrage”)

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

“Assessment Review Board” means the Assessment Review Board under the Assessment Review Board Act; (“Commission de révision de l’évaluation foncière”)

“assessor” means a person acting as assessor as authorized by the Municipal Property Assessment Corporation; (“évaluateur”)

“bridge” means a public bridge, and includes a bridge forming part of a highway or on, over or across which a highway passes; (“pont”)

“city”, “town”, “village”, “township” and “county” respectively mean a city, town, village, township or county, the inhabitants of which are a body corporate within the meaning and for the purposes of this Act; (“cité”, “ville”, “village”, “canton”, “comté”)

“debt” includes obligation for the payment of money; (“dette”)

“electors”, when applied to a municipal election, means the persons entitled to vote at a municipal election and when applied to voting on any by-law or on a resolution or question, unless otherwise provided by the Act, by-law or other authority under which the vote is taken, means municipal electors; (“électeurs”)

“highway” means a common and public highway, and includes a street and a bridge forming part of a highway or on, over or across which a highway passes; (“voie publique”)

“land” includes lands, tenements and hereditaments, and any estate or interest therein, and any right or easement affecting them, and land covered with water; (“bien-fonds”)

“local municipality” means a city, town, village and township; (“municipalité locale”)

“member”, referring to a member of a council, includes the head of the council and a member of a board of control; (“membre”)

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

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

“money by-law” means a by-law for contracting a debt or obligation or for borrowing money other than a by-law passed under section 187; (“règlement municipal de finance”)

“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)

“municipal electors” means the persons entitled to vote at a municipal election; (“électeurs de la municipalité”)

“municipality” means a locality the inhabitants of which are incorporated; (“municipalité”)

“population” means the population as determined by the last preceding census taken under the authority of the Parliament of Canada, or under a by-law of the council, or by the last preceding municipal enumeration by the assessor, whichever is the latest, or by such means as the Municipal Board may direct; (“population”)

“prescribed” means prescribed by or under the authority of this Act; (“prescrit”)

“published” means published in a daily or weekly newspaper that, in the opinion of the clerk of the municipality, has such circulation within the municipality as to provide reasonable notice to those affected thereby, and “publication” has a corresponding meaning; (“publié”, “publication”)

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

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

“same-sex partner” means a person of the same sex with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(a) have cohabited for at least one year,

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

(c) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“partenaire de même sexe”)

“separated town” means a town separated for municipal purposes from the county in which it is situate; (“ville séparée”)

“sewage” includes drainage, storm water, commercial wastes and industrial wastes; (“eaux d’égout”)

“spouse” means a person of the opposite sex,

(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”)

“township” includes a union of townships and a municipality composed of two or more townships; (“canton”)

“two-thirds vote” means the affirmative vote of two-thirds of the members of a council present at a meeting thereof; (“vote à la majorité des deux tiers”)

“urban municipality” means a city, town and village. (“municipalité urbaine”) R.S.O. 1990, c. M.45, s. 1 (1); 1996, c. 32, s. 2; 1997, c. 5, s. 40; 1997, c. 29, s. 22; 1997, c. 43, Sched. G, s. 23 (1, 2); 1999, c. 6, s. 40 (1); 2000, c. 25, s. 14; 2001, c. 8, s. 207 (1, 2).

Unorganized territory

(2)For the purposes of this Act, a local municipality is in unorganized territory if it is in a territorial district mentioned in the Territorial Division Act and if it is not in The District of Muskoka and is not the City of Greater Sudbury. R.S.O. 1990, c. M.45, s. 1 (2); 2000, c. 5, s. 15 (1).

Municipal Property Assessment Corporation

(3) A reference in this Act to an assessment commissioner shall be deemed to be a reference to the Municipal Property Assessment Corporation. 2001, c. 8, s. 207 (3).

Evidence may be taken in shorthand

2.(1)Where under this Act evidence is taken orally before an official examiner or a judge, he or she may direct that the evidence be taken in shorthand by a stenographic reporter.

Fees of reporter, how paid

(2)The fees of the stenographic reporter including those for the transcribing of his or her notes shall be paid by the party on whose behalf the evidence is taken, and shall form part of the costs of the proceedings in which the evidence is taken. R.S.O. 1990, c. M.45, s. 2.

Registration in land titles division

3.Where registration in a land registry office is prescribed or provided for by this Act, it means, where the Land Titles Act is applicable, registration in the office of the proper land registrar of the land titles division in which the land is situate. R.S.O. 1990, c. M.45, s. 3.

When occupant deemed to be owner

4.A person in the actual occupation of land,

(a) under an agreement with the owner for the purchase of it; or

(b) sold by the Director in accordance with the Veterans’ Land Act (Canada),

shall be deemed to be the owner, and the unpaid purchase money or balance, as the case may be, shall be deemed to be an encumbrance on the land. R.S.O. 1990, c. M.45, s. 4.

Power to acquire includes expropriation

5.Where power to acquire land is conferred upon a municipal corporation by this or any other Act, unless otherwise expressly provided, it includes the power to acquire by purchase or otherwise and to enter on and expropriate. R.S.O. 1990, c. M.45, s. 5.

Special Acts

6.(1)In this section,

“municipality” includes a regional and district municipality and the County of Oxford; (“municipalité”)

“special Act” means an Act relating to a particular municipality. (“loi spéciale”) 2000, c. 5, s. 15 (2).

Relationship between this Act and special Acts

(2)Except where otherwise expressly or by necessary implication provided,

(a) this Act does not limit or restrict the powers of a municipality under a special Act; and

(b) a special Act does not limit or restrict the powers of a municipality under this Act. 2000, c. 5, s. 15 (2).

Override

(3)Despite subsection (2) and the sections set out in subsection (4), a municipality may exercise its powers under any of the following provisions to override a special Act even if the special Act is more specific and is enacted more recently than the provision:

1. Sections 13 to 13.2 (wards).

2. Sections 26, 27 and 29 (council composition).

3. Sections 209.1 to 209.6 (service migration).

4. Section 210.4 (dissolution of local boards).

5. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act. 2000, c. 5, s. 15 (2).

Provisions

(4)The sections referred to in subsection (3) are section 124 of the County of Oxford Act, section 123 of the District of Muskoka Act, section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2), section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999...