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chapter 11

An Act to revise the City of Toronto Acts, 1997 (Nos. 1 and 2), to amend certain public Acts in relation tomunicipal powers and to repeal certain private Acts relating to the City of Toronto

Assented to June 12, 2006

CONTENTS

1.
2.
3.
Schedule A
Schedule B
Schedule C / Contents of Act
Commencement
Short title
City of Toronto Act, 2006
Public Acts: Repeals and Amendments
Private Acts: Repeals

______

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

Contents of Act

1.This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2.(1)Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2)The Schedules to this Act come into force as provided in each Schedule.

Same

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

Short title

3.The short title of this Act is the Stronger City of Toronto for a Stronger Ontario Act, 2006.

schedule A
city of toronto act, 2006

CONTENTS

Preamble
PART I
INTERPRETATION
1.
2.
3.
4.
5. / Governing principles
Purposes of this Act
Interpretation
Special Acts
Review of this Act
PART II
GENERAL POWERS OF THE CITY
Powers
6.
7.
8.
9.
10.
11. / Scope of powers
Powers of a natural person
Broad authority
Expropriation
Scope of by-laws generally
Conflict with legislation, etc.
General Restrictions
12.
13.
14.
15. / Specific power, by-laws under general powers
Restrictions, corporate and financial matters
Restriction re monopolies
Restriction re geography
Agreements
16.
17.
18.
19. / Agreement for joint undertaking
Agreement with First Nation
Agreements with Crown
Agreements re private services
Delegation of Powers and Duties
20.
21.
22.
23.
24. / General power to delegate
Restriction re delegation of legislative and quasi-judicial powers
Powers that cannot be delegated
Effect of delegation to city boards
Effect of delegation re hearings
Regulations
25.
26.
27.
28. / Regulations re the provincial interest
Regulations to continue powers
Regulations re procedural requirements, specific powers
Regulations re delegation
PART III
GENERAL POWERS: LIMITS AND ADDITIONS
Highways
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55. / Definitions
Provincial highways
What constitutes highway
By-laws
Jurisdiction re highways
Boundary lines
Agreement re boundary line
Ownership of highway
Establishing highways
Highway closing procedures
Removing and restricting common law right of passage
Conveyance of closed highway
Restriction re toll highways
Maintenance of highways and bridges
Nuisance
Naming private roads
Restriction, motor vehicles
Restriction, farming vehicles
Entry on land, snow fences
Entry on land, naming highways
Entry on land, tree trimming
Application to court
Impounding of objects, vehicles on highway
Mistakes
Highways not opened on original road allowance
Person in possession
Enclosed road allowance
Transportation
56.
57.
58.
59. / Passenger transportation systems
Toronto Islands, ferry service
Geographic jurisdiction for passenger transportation systems, etc.
Operating outside City
Waste Management
60.
61. / Power exercised outside of boundaries
Entry and inspection
Public Utilities
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73. / Entry on land
Entry into buildings, etc.
Entry on land served by public utility
Shut-off of public utility
No liability for damages re public utilities
Security for payment
Exemption from seizure
Mandatory supply
Entry on land re sewage systems
Exemption from levy
Easements, public utilities
Non-municipal public utilities
Culture, Parks, Recreation and Heritage
74. / Power may be exercised outside municipality
Drainage and Flood Control
75.
76. / Drainage and flood control
Entry on land to inspect
Parking
77.
78.
79.
80.
81. / Impounding vehicles parked
Parking lots
Evidence re enforcement of parking by-laws
Disabled parking permits
Administrative penalties, parking by-laws
Economic Development
82.
83.
84. / Assistance prohibited
General power to make grants
Small business counselling
Licences
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96. / Definition
Powers re licences
Conflicts re licensing power
Other licensing powers
Restriction re systems of licences
Limitation re location of business
Reciprocal licensing arrangement
Restrictions re adult entertainment establishments
Licensing tow trucks, etc.
Licensing taxicabs
Restrictions re trailers and trailer camps
Restrictions re group homes
Closing of Business Establishments
97. / Closing of business establishments
Health, Safety and Well-Being
98.
99.
100.
101.
102.
103. / Smoking in public places, etc.
Entry on land re emergency communication system
Pits and quarries
Repairs or alterations, authorized entry
Fortification of land
Conveyance of prisoners
Natural Environment
104.
105. / Trees
Site alteration
Animals
106.
107. / Impounding animals
Muzzling of dogs
Structures, Including Fences and Signs
108.
109.
110. / Construction of green roofs
Non-application of Line Fences Act
Advertising devices
Land Use Planning
111.
112.
113.
114.
115. / Demolition and conversion of residential rental properties
Community improvement plan
Zoning by-laws re area, density and height
Site plan control area
Appeal body for local land use planning matters
Regulations
116.
117.
118.
119.
120.
121.
122.
123. / Regulations re toll highways
Regulations re highways and bridges
Regulations re administrative penalties, parking by-laws
Regulations re business licences
Regulations re reciprocal licensing arrangements
Regulations re closing of business premises
Regulations re zoning by-laws
Regulations re appeal body for local land use planning matters
PART IV
THE CITY AND ITS GOVERNANCE
Interpretation
124. / Definitions
The City
125.
126.
127.
128.
129. / City continued
Change of name
Wards continued
Changes to wards
Petition re wards
City Council
130.
131.
132.
133.
134.
135. / City council continued
Role of city council
Powers of city council
Role of the mayor as head of council
Role of the mayor as chief executive officer
Changes to city council
Officers and Employees of the City
136.
137.
138.
139.
140. / Role of officers and employees
City clerk
City treasurer
City auditor
Chief administrative officer
City Boards
141.
142.
143.
144.
145.
146.
147. / Power to establish city boards
Status of city boards
Functions of city boards
Joint city boards
Power to dissolve or change local boards
Scope of power to change a local board
Dissolution, etc., of joint board
Corporations
148. / Power to establish corporations
Municipal Restructuring
149.
150.
151. / Proposal for minor restructuring
Conflicts with official plan
Effect of Minister’s order
Regulations
152.
153.
154.
155. / Regulations re city council, etc.
Regulations re dissolution, etc., of local boards
Regulations re corporations
Regulations re minor restructuring
PART V
ACCOUNTABILITY AND TRANSPARENCY
Interpretation
156. / Definitions
Code of Conduct
157. / Code of conduct
Integrity Commissioner
158.
159.
160.
161.
162.
163.
164. / Appointment of Commissioner
Responsibilities
Inquiry by Commissioner
Duty of confidentiality
Report to council, general
Testimony
Reference to appropriate authorities
Registration re Lobbying
165.
166.
167.
168.
169. / Registry
Requirement to file returns, etc.
Prohibition on contingency fees
Registrar for lobbying matters
Inquiry by registrar
Ombudsman
170.
171.
172.
173.
174.
175.
176. / Appointment of Ombudsman
Function
Investigation
Duty of confidentiality
No review, etc.
Testimony
Effect on other rights, etc.
Auditor General
177.
178.
179.
180.
181.
182. / Appointment of Auditor General
Responsibilities
Duty to furnish information
Power to examine on oath
Duty of confidentiality
Testimony
Regulations
183. / Regulations re local board
PART VI
PRACTICES AND PROCEDURES
First Meeting
184.
185.
186. / First council meeting
Deemed organization
Declaration of office
Location of Meetings and Public Offices
187. / Location
Quorum
188. / Quorum
Procedure By-law
189. / Procedure by-law
Meetings
190.
191.
192.
193.
194. / Meetings open to public
Calling of meetings
Presiding officer
Absence of head
Voting
By-laws
195.
196.
197.
198. / Language of by-laws
Municipal code
Seal of the City
By-laws upon application
Records
199.
200.
201. / Inspection of records
Retention of records
Retention periods
Eligibility
202
203. / Eligibility for office
Ineligibility for office
Vacancies
204.
205.
206.
207.
208.
209.
210.
211. / Vacant seat
Resignation as member
Restriction on holding office
Declaration re vacancy
Filling vacancies
Term of office, vacancy
Application to court
Minister’s order re by-election
Policies
212. / Adoption, etc., of policies
Quashing By-laws
213.
214. / Restriction on quashing by-law
Application to quash by-law, etc.
Judicial Investigation
215. / Investigation by judge
Restricted Acts after Nomination Day
216. / Restricted acts
Insurance
217.
218.
219. / Definitions
Insurance
Powers re local boards (extended definition)
Health Benefits
220.
221. / Sick leave credit gratuities
Insurance, health, etc.
Remuneration and Expenses
222.
223. / Remuneration and expenses
Statement of remuneration and expenses
Review or Appeal re Delegated Authority
224. / Power to authorize review or appeal
Regulations
225.
226. / Regulations re policies
Regulations re review or appeal
PART VII
FINANCIAL ADMINISTRATION
Fiscal Year
227. / Fiscal year
Budgets
228.
229. / Yearly budget
Multi-year budget
Returns and Financial Statements
230.
231.
232.
233.
234.
235. / Annual return re financial information
Annual financial statements
Publication of financial statements, etc.
Auditing of financial statements, etc.
Auditing of local boards
Auditor’s right of access
General
236.
237.
238.
239.
240. / Default in providing information
Information re municipal operations
Financial assistance
Mechanical endorsement of cheques
Use of a collection agency
Regulations
241.
242.
243.
244. / Regulations re changes in financial reporting requirements
Regulations re reserve fund
Regulations re financial information
Regulations re financial assistance
PART VIII
FINANCES
Authorized Financial Activities
245.
246.
247.
248.
249.
250.
251. / Authorized financial activities
Authorized borrowing
Ranking of debentures, etc.
Use of money received
Use of sinking and retirement funds
Registration of debenture by-law
Status of by-law and debenture
Financing Municipal Capital Facilities
252. / Agreements for municipal capital facilities
Enforcement
253.
254.
255. / Offence re borrowing by-law
Prohibition re temporary borrowing
Liability of members for diversion of funds
Regulations
256.
257. / Regulations re financial activities
Regulations re municipal capital facilities
PART IX
FEES AND CHARGES
258.
259.
260.
261.
262.
263.
264.
265.
266. / Definitions
By-laws re fees and charges
Restriction, poll tax
Restriction, fees and charges
Restriction, charges for gas
Approval of by-law of local board
Debt
No application to O.M.B.
Regulations re fees and charges
PART X
POWER TO IMPOSE TAXES
267.
268.
269.
270.
271.
272. / Power to impose taxes
Persons, etc., not subject to tax
Effect re Part XI
Enforcement measures
Agreements re tax collection, etc.
Regulations re power to impose taxes
PART XI
TRADITIONAL MUNICIPAL TAXES
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.
285.
286.
287. / Definitions
Taxes to be levied equally
Establishment of tax ratios
Restriction, tax ratios for certain property classes
Local municipality levies
Prescribed subclass tax reductions
Graduated tax rates
Taxation of certain railway, power utility lands
Interim levy
Phase-in of tax changes resulting from reassessments
Tax deferrals, relief of financial hardship
Payments in lieu of taxes, distribution
Universities, etc., liable to tax
Non-profit hospital service corporation
By-laws re special services
PART XII
LIMITS ON TRADITIONAL MUNICIPAL TAXES
288.
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
299.
300.
301.
302. / Interpretation
Application to traditional municipal taxes
Determination of taxes
Determination of maximum taxes
City option: application of certain provisions of the Act
By-law to provide for recoveries
Taxes on eligible properties
Tenants of leased premises
Recouping of landlord’s shortfall
Application for cancellation, etc.
Part prevails
Conflicts
Where person undercharged
Adjustments
Regulations
PART XIII
COLLECTION OF TRADITIONAL
MUNICIPAL TAXES
303.
304.
305.
306.
307.
308.
309.
310.
311.
312.
313.
314.
315.
316.
317.
318.
319.
320.
321.
322.
323.
324.
325.
326.
327.
328.
329.
330.
331.
332.
333.
334.
335.
336.
337.
338.
339.
340.
341. / Non-application re certain taxes
Definitions
Tax roll
Adjustments to roll
By-laws re instalments
Tax bill
Form of tax bills
Late payment charges
Payment
Allocation of payment
Determination of tax status
Recovery of taxes
Obligations of tenant
Seizure
Statement
Taxes collected on behalf of other bodies
Write-off of taxes
Refund on cancelled assessment
Taxes less than minimum tax amount
Division into parcels
Cancellation, reduction, refund of taxes
Tax relief re cemeteries
Overcharges
Increase of taxes
Error in calculating taxes
Regulation
Rebates for charities
Tax reductions
Vacant unit rebate
Cancellation, reduction or refund of taxes
Cancellation of taxes, rehabilitation and development period
Tax reduction for heritage property
Change of assessment
Federal Crown land
Gross leases (property taxes)
Gross leases (business improvement area charges)
Offence
Holidays
Urban service areas
PART XIV
SALE OF LAND FOR TAX ARREARS
(REAL PROPERTY TAXES)
342.
343.
344.
345.
346.
347.
348.
349.
350.
351.
352.
353.
354.
355.
356.
357.
358.
359.
360.
361.
362.
363.
364.
365. / Non-application re certain taxes
Definitions
Registration of tax arrears certificate
Notice of registration
Cancellation of tax arrears certificate
Accounting for cancellation price
Effect of cancellation certificate
Extension agreements
Public sale
Application of proceeds
Methods of giving notice
Voidable proceedings
Effect of registration
Mining rights
Scale of costs
Immunity from civil actions
Power of entry
Inspection without warrant
Inspection warrant
Inspection with warrant
Obstruction
Regulations
Transition, prior registrations
Restriction
PART XV
ENFORCEMENT
Offences and Penalties
366.
367.
368.
369.
370.
371.
372.
373.
374. / Authority to create offences
Offence re obstruction, etc.
Offence re disabled parking
Offence re illegally parked vehicle
Authority to establish fines
Additional penalty re adult entertainment establishments
Additional order to discontinue or remedy
Payments out of court
City entitlement to fines
Powers of Entry
375.
376.
377.
378.
379. / Conditions governing powers of entry
Power of entry re inspection
Restriction re dwellings
Inspection pursuant to order
Search warrant
General Enforcement Powers
380.
381.
382.
383. / Power to restrain
Collection of unpaid licensing fines
Enforcement of agreements, etc.
Enforcement of loans made by the City
City Orders and Remedial Actions
384.
385.
386. / Order to discontinue activity
Work order
Remedial action
Court Orders to Close Premises
387.
388. / Closing premises, lack of licence
Closing premises, public nuisance
Application to Other Acts
389. / Application of Part to other Acts
PART XVI
LIABILITY OF THE CITY
390.
391.
392.
393. / Immunity re policy decisions
Immunity re performance of duty
Immunity re highways and bridges
Liability in nuisance re water and sewage
PART XVII
OTHER CITY BODIES
Toronto Transit Commission
394.
395.
396.
397.
398.
399.
400.
401. / TTC continued
Exclusive authority of TTC
Powers of the TTC
Agreements re local passenger transportation services
Claims against TTC
Property tax exemption, passenger transportation system
TTC Pension Fund Society
Sick benefit plan
Toronto Police Services Board
402.
403.
404. / Board continued
Additional policing services
Indemnifying members of police force
Board of Health
405. / Board of Health continued
Exhibition Place
406.
407.
408. / Powers, duties re Exhibition Place
Board continued
Former employees of Association or Exhibition Stadium Corporation
Toronto Zoo
409.
410. / Board continued
Former employees of Society
Hummingbird Centre
411. / Board continued
Toronto Public Library Board
412.
413.
414. / Board continued
Additional functions
John Ross Robertson Collection
Toronto Historical Board
415. / Board continued
Toronto Licensing Commission
416. / Commission continued
Municipal Service Boards
417. / Boards continued
Sinking Fund Committees
418. / Committees continued
PART XVIII
TRANSITION
Matters Respecting the City
419.
420.
421.
422.
423.
424.
425. / Continuation of authority for by-laws, etc.
Temporary authority for by-laws, etc.
Status of official plans
Temporary duty to give notice
Pension benefits for city employees, etc.
Tax status of property used by veterans
Certain transitional provisions, Municipal Act, 2001
City Boards and Other Local Boards
426.
427.
428. / City boards, effect of continuation
Other local boards, effect of continuation
Temporary authority for by-laws, etc., of boards
Miscellaneous Matters
429.
430.
431. / Business improvement areas
Deemed by-law re delegation to certain persons, bodies
Proceedings under Part VI of Metro Act
Regulations
432. / Regulations, transitional matters
PART XIX
MISCELLANEOUS MATTERS
Status of Certain Employment Benefits
433.
434.
435.
436.
437.
438.
439.
440.
441.
442.
443. / Interpretation
Pensions, benefits
Amending pension by-laws
Local boards, pension contributions
Corporate status of certain plan and fund
Accrued benefits, former plan
Right to elect preserved
Plans other than OMERS plan
Contributions to pensions of craft tradespersons
Toronto Fire Department Superannuation and Benefit Fund
Effect of certain by-laws
Retirement and Severance Incentives
444. / Retirement and severance incentives
Restrictions on Supply of Water, Sewage Disposal
445.
446. / No contract to supply water to lower-tier municipalities
No contract to supply sewage services to lower-tier municipality
Miscellaneous Powers of the City
447.
448.
449.
450.
451.
452.
453. / Homes for the aged
Grants, homes for care of elderly persons
Vesting of trust fund
Payments re County of York home
Agreement with conservation authority
Emergency measures
Payment of damages to employees
Proceedings Before Courts and Tribunals
454.
455.
456. / Proof of by-laws
Matters of evidence re other documents
Costs in legal proceedings
Administration
457.
458.
459. / Forms
Power to adopt other codes, etc.
Scope of regulations
Commencement and Short Title
460.
461. / Commencement
Short title

______

Preamble

The Assembly recognizes that the City of Toronto, as Ontario’s capital city, is an economic engine of Ontario and of Canada. The Assembly recognizes that the City plays an important role in creating and supporting economic prosperity and a high quality of life for the people of Ontario.

The Assembly recognizes that the success of the City requires the active participation of governments working together in a partnership based on respect, consultation and co-operation.

The Assembly recognizes the importance of providing the City with a legislative framework within which the City can build a strong, vibrant and sustainable city that is capable of thriving in the global economy. The Assembly recognizes that the City is a government that is capable of exercising its powers in a responsible and accountable fashion.

The Assembly recognizes that it is in the interests of the Province that the City be given these powers.

part i
interpretation

Governing principles

1.(1)The City of Toronto exists for the purpose of providing good government with respect to matters within its jurisdiction, and the city council is a democratically elected government which is responsible and accountable.

Relationship with the Province

(2)The Province of Ontario endorses the principle that it is in the best interests of the Province and the City to work together in a relationship based on mutual respect, consultation and co-operation.

Consultation

(3)For the purposes of maintaining such a relationship, it is in the best interests of the Province and the City to engage in ongoing consultations with each other about matters of mutual interest and to do so in accordance with an agreement between the Province and the City.

Agreements with the federal government

(4)The Province acknowledges that the City has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the City’s jurisdiction.

Purposes of this Act

2.The purpose of this Act is to create a framework of broad powers for the City which balances the interests of the Province and the City and which recognizes that the City must be able to do the following things in order to provide good government: