St. Thomas - Central Elgin Boundary Adjustment Act, 2023, S.O. 2023, c. 1 - Bill 63

• Jurisdiction: Ontario
• Date: 02 March 2023
• Bill Number: 63

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 63 and does not form part of the law. Bill 63 has been enacted as Chapter 1 of the Statutes of Ontario, 2023.

The Bill enacts the St. Thomas - Central Elgin Boundary Adjustment Act, 2023, which provides for the annexation of a portion of the Municipality of Central Elgin to the City of St. Thomas. Various matters are dealt with, including the application of by-laws, resolutions and official plans, the continuation of procedures in process and arrangements with respect to real property taxes. Provision is made for payments between the respective municipalities, as may be required and determined by regulation. The Minister is authorized to make orders providing for the closure of public highways. The annexed area is described in the Schedule. However, the Minister is authorized to make regulations prescribing the annexed area and, if the Minister does so, that description is deemed to be the annexed area as of the effective date and the description in the Schedule is deemed not to have been the annexed area.

chapter 1

An Act respecting the adjustment of the boundary between the City of St. Thomas and the Municipality of Central Elgin

Assented to March 2, 2023

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

Interpretation

Definition

1 (1) In this Act,

“effective date” means the day the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 receives Royal Assent.

References

(2) A reference in this Act 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.

Annexation

2 (1) On the effective date, the portion of the Municipality of Central Elgin described in the Schedule to this Act is annexed to the City of St. Thomas.

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.

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.

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.

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...