Municipal Statute Law Amendment Act, 2002, S.O. 2002, c. 17 - Bill 177

• Jurisdiction: Ontario
• Date: 26 November 2002
• Bill Number: 177

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 177 and does not form part of the law. Bill 177 has been enacted as Chapter 17 of the Statutes of Ontario, 2002.

The Bill amends numerous Acts to make them consistent with the new Municipal Act, 2001 which comes into force on January 1, 2003. The majority of the changes involve terminology or updating cross-references to refer to the relevant provisions in the new Act. Most of the amendments are set out in Table form in Schedule F. Amendments that did not lend themselves to table form, either because of their length, complexity or the fact that they relate to provisions that are not yet in force, are set out in Schedule A (amending the Municipal Act, 2001), Schedule B (amending the Planning Act) and Schedule C (other amendments). For instance, the extensive amendments to the old Municipal Act made by the Responsible Choices for Growth and Fiscal Responsibility Act (Budget Measures), 2001 have been incorporated into the new Municipal Act, 2001.

Schedule D amends the Municipal Elections Act, 1996 in respect of election administration, eligibility to vote and run in an election and election finances. A number of the amendments are of a minor nature to clarify existing provisions. For example, “voting place” is defined for the purpose of displaying campaign material (section 18).

Amendments made to the administrative procedures of an election include,

(a) providing for a deadline of September 1 for submission of referendum questions (section 3);

(b) extending the time between nomination day and voting day from 31 to 45 days (section 10);

(c) requiring condominium corporations managing buildings with 100 or more units to provide voting space if requested (subsection 16 (2));

(d) increasing the time for a recount in certain cases from 10 to 15 days (sections 20, 21 and 22).

Amendments made in respect of eligibility to vote and run in an election include,

(a) defining “owner or tenant”, in relation to an election, to include persons entitled to use the land under a time share contract if they meet certain criteria (subsection 1 (1));

(b) clarifying that proof of citizenship and residency may be required by the clerk responsible for conducting an election (section 4);

(c) requiring municipal employees to take a leave of absence without pay once they are nominated to run for council (section 9).

Amendments made in respect of election finances include,

(a) requiring records of election expenses to be kept by the candidate for a period of three years (subsection 26 (2));

(b) enabling municipal council to allow electronic filing of financial returns (subsection 29 (4));

(c) allowing municipal council to appoint a committee to stand in the place of council in respect of applications for a compliance audit and allowing an appeal to the court from the decision of the council or committee (section 32).

Amendments are made to the Education Act in Schedule D to parallel or reflect the changes made to the Municipal Elections Act, 1996.

The Bill also revises the Territorial Division Act. The new Act is set out in Schedule E. The names and descriptions of the geographic divisions, which are now set out in the Act, would be prescribed by regulation under the new Act.

CHAPTER 17

An Act to amend the Municipal Act, 2001, the Municipal Elections Act, 1996 and other Acts consequential to or related to the enactment of the Municipal Act, 2001 and to revise the Territorial Division Act

Assented to November 26, 2002

______________

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

Municipal Act, 2001 amended

1. Schedule A to this Act is hereby enacted.

Planning Act amended

2. Schedule B to this Act is hereby enacted.

Other amendments

3. Schedule C to this Act is hereby enacted.

Municipal Elections Act, 1996 and
Education Act amended

4. Schedule D to this Act is hereby enacted.

Territorial Division Act, 2002 enacted

5. (1) The Territorial Division Act, 2002, as set out in Schedule E, is hereby enacted.

Repeal

(2) The Territorial Division Act, as amended by the Statutes of Ontario, 1992, chapter 27, section 60, 1993, chapter 33, section 72, 1997, chapter 26, Schedule, 1997, chapter 33, section 2 and 2000, chapter 5, section 25, is repealed.

Amendments in Table form

6. Schedule F to this Act is hereby enacted.

Repeals

7. The following are repealed:

1. Barrie-Innisfil Annexation Act, 1981, being chapter 63, as amended.

2. Barrie-Vespra Annexation Act, 1984, being chapter 41, as amended.

3. The Brantford-Brant Annexation Act, 1980, being chapter 43, as amended.

4. The City of Cornwall Annexation Act, 1974, being chapter 11.

5. The City of Gloucester Act, 1980, being chapter 57.

6. The City of Hamilton Act, 1975, being chapter 51.

7. The City of The Lakehead Act, 1968-69 (name of Act changed by the Statutes of Ontario, 1974, chapter 45, section 7 to The City of Thunder Bay Act, 1968-69), being chapter 56, as amended.

8. The City of Hazeldean-March Act, 1978 (name of Act changed by Ontario Regulation 905/78 to The City of Kanata Act, 1978), being chapter 55, as amended.

9. The City of Nepean Act, 1978, being chapter 65.

10. City of Ottawa Road Closing and Conveyance Validation Act, 1981, being chapter 52.

11. The City of Port Colborne Act, 1974, being chapter 49.

12. The City of Sudbury Hydro-Electric Service Act, 1980, being chapter 59, as amended.

13. The City of Timmins-Porcupine Act, 1972, being chapter 117, as amended.

14. The City of Thorold Act, 1975, being chapter 32.

15. Community Economic Development Act, 1993, being chapter 26, as amended.

16. County of Haliburton Act, 1982, being chapter 57, as amended.

17. County of Simcoe Act, 1993, being chapter 33, as amended.

18. The District of Parry Sound Local Government Act, 1979, being chapter 61, as amended.

19. The Elderly Persons Housing Aid Act, 1952, being chapter 27, as amended.

20. London-Middlesex Act, 1992, being chapter 27, as amended.

21. Municipal Elderly Residents’ Assistance Act, as amended.

22. Municipal Private Acts Repeal Act, 1983, being chapter 73.

23. The Municipal Subsidies Adjustment Repeal Act, 1976, being chapter 47.

24. Municipal Unemployment Relief Act.

25. Municipal Works Assistance Act, being chapter 313 of the Revised Statutes of Ontario, 1980.

26. The Ottawa-Carleton Amalgamations and Elections Act, 1973, being chapter 93.

27. The Police Village of St. George Act, 1980, being chapter 45.

28. Public Utilities Corporations Act.

29. The Regional Municipality of Ottawa-Carleton Land Acquisition Act, 1980, being chapter 44.

30. The Rural Housing Assistance Act, 1952, being chapter 92.

31. The Tom Longboat Act, 1980, being chapter 12.

32. The Town of Wasaga Beach Act, 1973, being chapter 79.

33. The Township of North Plantagenet Act, 1976, being chapter 48.

34. Township of South Dumfries Act, 1989, being chapter 51.

35. Wharfs and Harbours Act.

Commencement

8. (1) Subject to subsection (2), this Act comes into force on January 1, 2003.

Same

(2) Schedules A, B, C, D, E and F come into force as provided in the commencement section at or near the end of each Schedule.

Same

(3) If a Schedule provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

9. The short title of this Act is the Municipal Statute Law Amendment Act, 2002.

SCHEDULE A
AMENDMENTS TO THE MUNICIPAL ACT, 2001

1. (1) Section 1 of the Municipal Act, 2001 is amended by adding the following subsections:

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.

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).

(2) Subsection 1 (3) of the Act is repealed and the following substituted:

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.

(3) Section 1 of the Act is amended by adding the following subsection:

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).

2. Section 6 of the Act is amended by adding the following subsection:

Extended power

(2) A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority with...