St. Thomas - Central Elgin Boundary Adjustment Act, 2023, S.O. 2023, c. 1

• Jurisdiction: Ontario

Supporting Manufacturing in St. Thomas Act, 2023

S.o. 2023, chapter 1

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 18, Sched. 2.

CONTENTS

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

PART I
ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT

Interpretation

Definition

1 (1) In this part,

“effective date” means the day the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 receives Royal Assent. 2023, c. 1, s. 1 (1); 2023, c. 18, Sched. 2, s. 3.

References

(2) A reference in this part to the County of Elgin, the City of St. Thomas or the Municipality of Central Elgin is a reference to the geographic area comprising that municipality or a reference to the municipal corporation bearing that name, as the context requires. 2023, c. 1, s. 1 (2); 2023, c. 18, Sched. 2, s. 3.

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

2023, c. 18, Sched. 2, s. 3 - 04/12/2023

Annexation

2 (1) The portion of the Municipality of Central Elgin as prescribed by the regulations is annexed to the City of St. Thomas. 2023, c. 1, s. 13 (1).

Same

(1.1) If a regulation is made for the purposes of subsection (1), the area prescribed by that regulation is deemed to be annexed as of the effective date and the area described in the Schedule to this Act, as it read immediately before its repeal, is deemed not to have been annexed. 2023, c. 1, s. 13 (1).

Real property

(2) All real property of the Municipality of Central Elgin and the County of Elgin in the annexed area vests in the City of St. Thomas on the effective date including without limitation,

(a) any highway, fixture, waterline and sewer in the annexed area; and

(b) any easement and restrictive covenant running with land in the annexed area. 2023, c. 1, s. 2 (2).

Other assets and liabilities

(3) All assets and liabilities of the Municipality of Central Elgin or the County of Elgin that are located in or associated with the annexed area, other than those described in subsection (2), remain the assets and liabilities of the Municipality of Central Elgin or the County of Elgin, as the case may be. 2023, c. 1, s. 2 (3).

Proceedings re real property

(4) Any proceeding, including any arbitral, administrative or court proceeding, relating to real property of the Municipality of Central Elgin or the County of Elgin in the annexed area that commenced prior to the effective date remains the obligation of the Municipality of Central Elgin or the County of Elgin, as the case may be. 2023, c. 1, s. 2 (4).

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

2023, c. 1, s. 13 (1) – 02/11/2023

By-laws and resolutions

3 (1) On the effective date,

(a) subject to subsection (2), the by-laws and resolutions of the City of St. Thomas extend to the annexed area; and

(b) subject to subsections (3) and (4), the by-laws and resolutions of the Municipality of Central Elgin and the County of Elgin cease to apply to the annexed area.

Exception, subs. (1) (a)

(2) A by-law passed pursuant to section 135 of the Municipal Act, 2001 by the City of St. Thomas that is in effect on the effective date does not extend to the annexed area. However, nothing prevents the City from passing a by-law pursuant to section 135 of the Municipal Act, 2001 after the effective date that extends to the annexed area.

Exception, subs. (1) (b)

(3) To the extent that they apply to the annexed area, the following by-laws of the Municipality of Central Elgin and the County of Elgin are deemed to be by-laws of the City of St. Thomas and remain in force in the annexed area until they expire or are repealed or amended to provide otherwise:

1. By-laws passed under section 34 of the Planning Act, or a predecessor of that section.

2. By-laws passed under the Highway Traffic Act or the Municipal Act, 2001, or a predecessor of either of those Acts, to regulate,

i. the use of highways by vehicles and pedestrians, or

ii. the encroachment or projection of buildings upon or over highways.

3. By-laws passed under section 45, 58 or 61 of the Drainage Act, or a predecessor of any of those sections.

Same

(4) To the extent that they apply to the annexed area, any by-laws and resolutions of the Municipality of Central Elgin and the County of Elgin that confer rights, privileges, franchises, immunities or exemptions and could not lawfully be repealed by the Municipality of Central Elgin or the County of Elgin are deemed to be by-laws and resolutions of the City of St. Thomas.

By-laws in process

(5) If the Municipality of Central Elgin or the County of Elgin has commenced procedures to enact a by-law under any Act and that by-law applies to the annexed area and is not in force on the effective date, the City of St. Thomas may continue the procedures to enact the by-law to the extent that it applies to the annexed area.

Official plan

4 (1) The official plan of the Municipality of Central Elgin in respect of the annexed area is deemed to be an official plan of the City of St. Thomas on the effective date, and remains in force until it is revoked or amended to provide otherwise.

Official plan and amendments in process

(2) If the Municipality of Central Elgin has commenced procedures to...