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County of Simcoe Act, 1993

S.O. 1993, Chapter 33

Note: This Act was repealed on January 1, 2003. See: 2002, c.17, ss.7, 8(1).

Amended by: 1996, c.32, s.68; 1997, c.27, s.70; 1997, c.29, s.56; 1998, c.15, Sched.E, s.7; 1999, c.6, s.17; 2001, c.25, s.484; 2002, c.17, s.7.

(NOTE: By Order in Council approved July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)

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CONTENTS

1. / Interpretation
PART VIII
DEFERRED BOUNDARY ADJUSTMENT
64. / Definition
65. / Annexation
66. / Transfer of real property
67. / By-laws, resolutions
68. / Taxes, rates
69. / No disqualification
70. / Assessment roll
71. / Regulations

Interpretation

1.(1)In this Act,

“former municipality” means a municipality forming part of the County of Simcoe for municipal purposes on the 31st day of December, 1993; (“ancienne municipalité”)

“local municipality” means a municipality forming part of the County of Simcoe for municipal purposes on the 1st day of January, 1994; (“municipalité locale”)

“Minister” means the Minister of Municipal Affairs. (“ministre”) 1993, c.33, s.1(1).

References

(2)A reference in this Act to the County of Simcoe, the City of Barrie, the City of Orillia, a former municipality or a local municipality is a reference to the geographic area comprising those municipalities or a reference to the municipal corporation bearing that name, as the context requires. 1993, c.33, s.1(2).

Exclusion

(3)For the purposes of this Act, a local board does not include a school board. 1993, c.33, s.1(3).

PART I - VII Repealed: 2001, c. 25, s. 484(2).

PART VIII
DEFERRED BOUNDARY ADJUSTMENT

Definition

64.In this Part,

“annexed area” means the portion of the Township of Tiny described in Schedule 15. 1993, c.33, s.64.

Annexation

65.(1)On January 1, 2004, the annexed area is annexed to the Town of Midland and forms part of Ward 1 of the Town of Midland. 1993, c.33, s.65(1).

Application

(2)Subsections 2 (7), (8) and (9) apply with necessary modifications to Schedule 15. 1993, c.33, s.65(2).

Transfer of real property

66.All real property including highways, streets, fixtures, waterlines, sewers, easements and restrictive covenants running with the land of the Township of Tiny located in the annexed area vests in the Town of Midland on January 1, 2004. 1993, c.33, s.66.

By-laws, resolutions

67.(1)On January 1, 2004, the by-laws and resolutions of the Town of Midland extend to the annexed area and the by-laws and resolutions of the Township of Tiny cease to apply to such area, except,

(a)by-laws of the Township of Tiny, which remain in force in the annexed area until repealed by the council of the Town of Midland, that were,

(i)passed under section 34 of the Planning Act or apredecessor of that section,

(ii)passed under the Highway Traffic Act or the Municipal Act regulating the use of highways by vehicles and pedestrians and regulating the encroachment or projection of buildings or any portion thereof upon or over highways,

(iii)passed under section 45, 58 or 61 of the Drainage Act;

(b)a development charge by-law of the Township of Tiny under the Development Charges Act, 1997 which remains in force in the annexed area, despite section 9 of that Act, until the date it is repealed by the council of the Town of Midland or, if it is not repealed, until the later of,

(i)the date it expires as provided in the by-law or under section 9 of the Development Charges Act, 1997, and

(ii)December 31, 2006;

(c)a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the council of the Township of Tiny. 1993, c.33, s.67(1); 1997, c.27, s.70(4).

Continuing matters

(2)If the Township of Tiny has commenced procedures to enact a by-law under any Act or to adopt an official plan or amendment to it under the Planning Act and that by-law, official plan or amendment applies to the annexed area and is not in force on January 1, 2004, the council of the Town of Midland may continue the procedures to enact the by-law or adopt the official plan or amendment to the extent that it applies to the annexed area. 1993, c.33, s.67(2).

Taxes, rates

68.(1)All taxes, charges or rates levied in the annexed area under any general or special Act that are due and unpaid on December 31, 2003, shall, on January 1, 2004, be due and payable to the Town of Midland and may be collected by the Town of Midland. 1993, c.33, s.68(1).

Special collector’s roll

(2)The clerk of the Township of Tiny shall, before March 31, 2004, prepare and furnish to the clerk of the Town of Midland a special collector’s roll showing all arrears of taxes, charges or rates levied in the annexed area up to and including December 31, 2003 and the persons assessed for them. 1993, c.33, s.68(2).

Arrears

(3)On or before April 30, 2004, the Town of Midland shall pay the Township of Tiny an amount equal to the arrears of taxes, charges and rates contained on the special collector’s roll together with any accumulated interest or penalty but excluding any amount struck off the roll as uncollectible under section 441 of the Municipal Act by the treasurer of the Town of Midland. 1993, c.33, s.68(3).

No disqualification

69.Despite subsection 37(2) of the Municipal Act, a person who is a member of the council or the public utility commission of the Township of Tiny on December 31, 2003 shall not during the term of office ending November 30 in the year of the next regular municipal election be disqualified from holding the office on the council or commission, respectively, because of any loss of qualification resulting solely from the annexation under this Part. 1993, c.33, s.69.

Assessment roll

70.For the purposes of the assessment roll to be prepared for the Town of Midland in 2003 for taxation in 2004, the annexed area shall be deemed to be part of the Town of Midland. 1993, c.33, s.70.

Regulations

71.(1)Despite any Act, the Minister of Municipal Affairs may by regulation provide for any of the matters described in paragraphs 3 to 24 of section 14 of the Municipal Boundary Negotiations Act with respect to the annexation under this Part. 1993, c.33, s.71(1).

Regulation prevails

(2)In cases of conflict, a regulation made under subsection (1) prevails over this Act. 1993, c.33, s.71(2).

Retroactivity

(3)A regulation made under this section may be retroactive to January 1, 2004. 1993, c.33, s.71(3).

72. Repealed: 2001, c.25, s.484(2).

73. Repealed: 2001, c.25, s.484(2).

74. Repealed: 2001, c.25, s.484(2).

75. Repealed: 2001, c.25, s.484(2).

76.Omitted (enacts short title of this Act). 1993, c.33, s.76.

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