Regional Municipalities Act, R.S.O. 1990, C. R.8
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Regional Municipalities Act
R.S.O. 1990, CHAPTER R.8
Note: This Act was repealed on January 1, 2003. See: 2001, c.25, ss.484(2), 485(1).
Amended by: 1991, c. 3, s. 2; 1991, c. 15, ss. 26-33; 1992, c. 15, ss. 72-84; 1992, c. 23, s. 41; 1993, c. 11, ss. 57-61; 1993, c.20, s. 5; 1993, c. 27, Sched.; 1994, c. 1, ss. 10-21; 1994, c. 11, s. 392; 1994, c. 17, s. 50; 1994, c.23, ss.86-90; 1994, c.27, s.143; 1994, c.37, s.8.; 1996, c. 1, Sched. M, ss. 34, 35; 1996, c. 32, s. 85; 1996, c. 33, ss. 33-35; 1997, c. 5, s. 69; 1997, c.6, s. 4; 1997, c. 8, s. 45; 1997, c. 11, s. 4; 1997, c. 14, s. 1; 1997, c. 16, s. 15; 1997, c. 24, s. 227; 1998, c. 18, Sched. B, s.14; 1999, c.12, Sched.M, s.31; 2000, c. 5, s. 21; 2001, c.9, Sched. J, s.3; 2001, c.25, s.484.
(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. / Definitions2. / Application of Act
PART I
AREA MUNICIPALITIES
3. / Alteration of status of area municipality
4. / Alteration of wards, etc., by O.M.B.
PART II
REGIONAL COUNCIL
5. / Regional Council to exercise corporate powers
6. / Election of chair
7. / First meeting of area councils
8. / Meetings
9. / Vacancies, chair
10. / Committees
11. / Conduct of members
12. / Head of Council
13. / Acting chair
14. / Application
15. / Appointment of clerk
16. / Inspection and copying of minutes, etc.
17. / Appointment of treasurer
18. / Receipt and disbursement of money
19. / Bank accounts
20. / Monthly statement
21. / Appointment of auditors
PART III
REGIONAL ROAD SYSTEM
22. / Definitions
23. / Regional road system continued
24. / Plan of construction and maintenance
27. / Road maintenance
28. / Sidewalks excepted
29. / Installation of traffic control devices
30. / Intersection of other roads by regional road
31. / New roads
32. / Powers and liabilities of Regional Corporation
33. / Erection of gasoline pump and advertising device near regional road
34. / By-laws of area municipalities regulating traffic
35. / Agreements for pedestrian walks
36. / Disputes as to maintenance, etc., of bridges and highways
37. / Boundary bridges between area municipalities
38. / Boundary bridges between Regional Area and adjoining municipality
39. / Restrictions
40. / Controlled-access roads
41. / Private roads, etc., opening upon regional controlled-access road
42. / Notice
43. / Regional liability where road forms part of system
44. / Stopping up highways
45. / Application
PART IV
REGIONAL WATERWORKS SYSTEM
46. / Supply and distribution of water by Regional Corporation
47. / Fluoridation system
48. / Application
49. / Establishment of waterworks
50. / Construction, etc., of waterworks system
51. / Assumption of works and mains
52. / Existing agreements
53. / Powers of area municipalities restricted
54. / Supply beyond limits of local municipality
55. / Regulation of supply, etc.
56. / Maintenance, management, etc.
57. / Rates
58. / Combined rate
59. / Application
60. / Retail sale prohibited
61. / Books and accounts
62. / Application of revenues
63. / Disposal of property
64. / Temporary shut-offs
65. / Standards for local systems
66. / Appeal
67. / Payment of rates and charges
68. / Transfer of rights over works assumed
69. / Inspection of local works
70. / Reversion where mains no longer required
71. / Use of regional works
PART V
REGIONAL SEWAGE WORKS
72. / Application
73. / Definitions
74. / General powers
75. / Construction, etc., of trunk sewage works
76. / Assumption of treatment works
77. / Existing agreements
78. / Powers of area municipalities restricted
79. / Regulation of system, etc.
80. / Imposition of sewer rate
81. / Approval of O.M.B. to undertaking, etc.
82. / Special benefit
83. / Connecting to regional works or watercourses
84. / Standards for local systems
85. / Appeal
86. / Special sewage service rates
87. / Combined rate
88. / Application
89. / Contribution towards cost of separation of combined sewers
90. / Transfer of rights over works assumed
91. / Inspection of local works
92. / Use of regional works
93. / Payment of charges
94. / Disposal of liquid or solid material
95. / Application to certain regional municipalities
PART VI
PLANNING
96. / Official plan
PART VII
POLICE
102. / Definitions
103. / By-law enforcement
104. / Property to be provided
105. / Rates for expenses of Police Board
106. / Limitation on area municipality
107. / Application
PART VIII
FINANCES
108. / Reserve funds of municipalities
109. / Reserve funds, establishment
Temporary Loans
110. / Current borrowings
Debt
111. / Debt
112. / Investment of money
113. / Concurrence of specified number of members of area council
114. / Borrowing pending issue and sale of debentures
115. / Temporary borrowing
116. / Principal and interest payments
117. / Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
118. / Application
119. / Application
120. / Repeal of by-law when part only of money to be raised
121. / Until debt paid certain by-laws cannot be repealed
122. / Offence for neglect of officer to carry out by-law
123. / Money by-laws may be registered
124. / Execution
125. / Debentures on which payment has been made for one year to be valid
126. / Mode of transfer may be prescribed
126.1 / Records storage
127. / Replacement of lost debentures
128. / Exchange of debentures
129. / Application of proceeds of debentures
130. / Use of proceeds of sale of asset acquired from proceeds of sale of debentures
131. / Tenders for debentures
132. / Accounts, how to be kept
133. / Application of surplus money
134. / Liability of members
135. / Refinancing of debentures
PART IX
GENERAL
136. / Application
137. / Payment of damages to employees
138. / Investigation by judge of charges of malfeasance
140. / Entry on highways, etc.
141. / Agreements re: services
142. / Deemed municipality
143. / Execution against Regional Corporation
144. / Conditional powers
145. / Conflict with other Acts
146. / Municipal buildings
147. / Regional Fire Co-ordinator
147.1 / Emergency response services
148. / Existing speed limits continued
PART X
WASTE MANAGEMENT
149. / Definitions
150. / By-law re: waste management
151. / Effect of by-law
152. / Appeal to O.M.B.
153. / Transfer of assets, liabilities
154. / Agreements re: waste management
155. / Collection of waste management rates
156. / Designation
157. / Dispute resolution
158. / Regulations
159. / Appointment by Minister
160. / Waste reduction power
FORM 1
FORM 2
Definitions
1.In this Act,
“area municipality” means an area municipality as defined in a Regional Act; (“municipalité de secteur”)
“bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”)
“chair” means the chair of a Regional Council; (“président”)
“day of establishment” means, in respect of any regional municipality, the day on which the area municipalities that form that regional municipality were originally constituted under the relevant Regional Act; (“date de création”)
“debt” includes any obligation for the payment of money; (“dette”)
“divided municipality” means a local municipality parts of which were annexed to two or more municipalities to constitute an area municipality under a Regional Act; (“municipalité démembrée”)
“highway” and “road” mean a common and public highway or any part thereof, and include a street, bridge, and any other structure incidental thereto or any part thereof; (“voie publique”, “route”)
“land” includes lands, tenements and hereditaments, and any estate or interest therein, and any right or easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”)
“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a Regional Corporation or of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”)
“local municipality” means any local municipality or portion thereof that, after the day of establishment, is within a Regional Area; (“municipalité locale”)
“Minister” means the Minister of Municipal Affairs; (“ministre”)
“Ministry” means the Ministry of Municipal Affairs; (“ministère”)
“money by-law” means a by-law for contracting a debt or obligation or for borrowing money, other than a by-law passed under section 110; (“règlement municipal de finance”)
“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)
“Regional Act” means an Act establishing or continuing one of the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo or York; (“loi régionale”)
“Regional Area” means the area from time to time included within the area municipalities that form a regional municipality; (“secteur régional”)
“Regional Corporation” means the corporation of a regional municipality; (“Municipalité régionale”)
“Regional Council” means the council of a Regional Corporation; (“conseil régional”)
“regional municipality” means the corporation of The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Niagara, The Regional Municipality of Peel, The Regional Municipality of Waterloo or The Regional Municipality of York; (“municipalité régionale”)
“regional road” means a road forming part of a regional road system continued under Part III; (“route régionale”)
“roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c.R.8, s.1; 2000, c.5, s.21(1).
Application of Act
2.Except as otherwise provided herein, all the provisions of this Act apply to each regional municipality. R.S.O. 1990, c.R.8, s.2.
PART I
AREA MUNICIPALITIES
Alteration of status of area municipality
3.(1)Despite any Act, upon the recommendation of the Minister upon an application by the council of an area municipality, the Lieutenant Governor in Council may, by order, alter the status of the area municipality to that of a township, village, town or city municipality, and may direct the new name that the area municipality will bear when its status is altered and the date when the alteration of status will take effect and may provide for any matters that are considered necessary or desirable for implementing the alteration of status or for carrying on the area municipality subsequent thereto, including the composition of its council.
Application
(2)Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply with necessary modifications, and the provisions of any special Act that applied to the area municipality prior to the alteration of its status continue to apply to it subsequent thereto. R.S.O. 1990, c.R.8, s.3.
Alteration of wards, etc., by O.M.B.
4.(1)Upon the application of an area municipality authorized by a by-law of the council thereof, or upon the petition of electors in accordance with section 13 of the Municipal Act, the Municipal Board may, by order,
(a)divide or redivide the area municipality into wards and designate the name or number each ward shall bear and declare the date when the division or redivision shall take effect;
(b)alter or dissolve any or all of the wards in the area municipality and declare the date when such alterations or dissolutions shall take effect; or
(c)vary the composition of the council of the area municipality,
provided that,
(d)no order made under this section shall alter the total number of members who represent the area municipality on the Regional Council, as provided for in the relevant Regional Act; and
(e)the mayor of the area municipality shall continue to be elected by a general vote of the electors of the area municipality, and shall be the head of the council of the area municipality, and shall be a member of the Regional Council. R.S.O. 1990, c.R.8, s.4(1).
Order of L. G. in C.
(2)The Lieutenant Governor in Council, upon the recommendation of the Minister, may by order authorize such method of selecting the members who represent the area municipality on the Regional Council as is considered advisable following an order of the Municipal Board under subsection (1). R.S.O. 1990, c.R.8, s.4(2).
Stay of proceedings pending completion of inquiry
(3)Where the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or the Regional Corporation, the Minister may give notice to the Municipal Board of such inquiry and that in his or her opinion any application or applications and any petition or petitions made under subsection (1) should be deferred until the inquiry has been completed and considered, and thereupon all proceedings in any such application are stayed until the Minister gives notice to the Municipal Board that they may be continued. R.S.O. 1990, c.R.8, s.4(3).
(4)Repealed: 2000, c.5, s.21(2).
PART II
REGIONAL COUNCIL
Regional Council to exercise corporate powers
5.(1)The powers of the Regional Corporation shall be exercised by the Regional Council and, except where otherwise provided, the jurisdiction of the Regional Council is confined to the Regional Area.
Powers exercised by by-law
(2)Except where otherwise provided, the powers of the Regional Council shall be exercised by by-law.
Not to be quashed as unreasonable
(3)A by-law passed by the Regional Council in the exercise of any of its powers and in good faith shall not be open to question, or be quashed, set aside or declared invalid either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them. R.S.O. 1990, c.R.8, s.5.
Election of chair
6.(1)At the first meeting of the Regional Council after a regular election at which a quorum is present, the Regional Council shall organize as a council and elect as chair one of the members of the Regional Council, or any other person, to hold office for the term of the council and until his or her successor is appointed or elected in accordance with this Act, and at such meeting the clerk shall preside until the chair is elected. R.S.O. 1990, c.R.8, s.6(1).
Where chair member of area council
(2)Where a member of the council of an area municipality becomes chair, he or she shall be deemed to have resigned as a member of such council, and his or her seat on such council thereby becomes vacant. R.S.O. 1990, c.R.8, s.6(2).
Failure to elect chair
(3)If at the first meeting of the Regional Council after a regular election a chair is not elected, the presiding officer may adjourn the meeting from time to time, and, if a chair is not elected at any adjourned meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a chair to hold office for the term of the council and until his or her successor is elected or appointed in accordance with this Act. R.S.O. 1990, c.R.8, s.6(3).
Non-application
(4)This section does not apply to the regional municipalities of Halton and Waterloo and subsection (2) does not apply to The Regional Municipality of Niagara. 2000, c.5, s.21(3).
First meeting of area councils
7.(1)Despite any other general or special Act, the first meeting of the council of each area municipality after a regular election shall be held not later than the seventh day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c.R.8, s.7(1).
First meeting of Regional Council
(2)The first meeting of the Regional Council after a regular election shall be held after the councils of the area municipalities have held their first meetings under subsection(1), but in any event not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c.R.8, s.7(2); 1994, c.23, s.86.
Certificates of qualification
(3)Where a person is elected or appointed to represent an area municipality as a member of the Regional Council or is elected or appointed as mayor of an area municipality, the clerk of the area municipality, forthwith after the election or appointment, shall certify under the seal of the area municipality to the clerk of the Regional Corporation the name of each person who has been so elected or appointed, and the person shall not take the seat to which the person has become entitled until the clerk of the Regional Corporation has received such a certificate in respect of that person. R.S.O. 1990, c.R.8, s.7(3).
Oath of allegiance, declaration of qualification
(4)The chair, before taking his or her seat, shall take an oath of allegiance in Form 1 and make a declaration of qualification in Form 2 using either the English or the French version of those forms. R.S.O. 1990, c.R.8, s.7 (4).
Declaration of office
(5)No business shall be proceeded with at the first meeting of the Regional Council until after the declarations of office in the English or French version of Form 3 of the Municipal Act have been made by all members who present themselves for that purpose. R.S.O. 1990, c.R.8, s.7 (5).
When Regional Council deemed organized
(6)The Regional Council shall be deemed to be organized when the declarations of office have been made by a sufficient number of members to form a quorum as provided for in the relevant Regional Act. R.S.O. 1990, c.R.8, s.7 (6).
Non-application
(7)Subsection (4) does not apply to The Regional Municipality of Waterloo. 2000, c.5, s.21(4).
Meetings
8.Subject to section 7, all meetings of the Regional Council shall be held within the Regional Area. 1994, c.23, s.87.
Vacancies, chair
9.(1)When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, some person shall be appointed by the Lieutenant Governor in Council to hold office as chair for the remainder of the term of his or her predecessor. R.S.O. 1990, c.R.8, s.9(1).
Idem
(2)When a vacancy occurs in the office of a chair who has been elected under subsection 6 (1), the Regional Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who may be one of the members of the Regional Council, or any other person, to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c.R.8, s.9(2).
Idem
(3)If the Regional Council fails to elect a chair within twenty days as required by subsection (2), the Lieutenant Governor in Council may appoint a person as chair to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c.R.8, s.9(3).
Application
(4)Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the Regional Council. R.S.O. 1990, c.R.8, s.9(4).
Resignation from Regional Council
(5)A member of the Regional Council with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign his or her office and seat in the Council which shall then be vacant, but the member shall not vote on a motion as to his or her own resignation and if the Council does not accept the resignation it is of no effect. R.S.O. 1990, c.R.8, s.9(5).
Where vacancy in Regional Council or area municipality council
(6)If not already vacant by virtue of any general or special Act,
(a)the seat of a member of the Regional Council becomes vacant if the seat of that member on the council of an area municipality is declared vacant by the council of that area municipality; and
(b)the seat of a member of the council of an area municipality becomes vacant if the seat of that member on the Regional Council is declared vacant by the Regional Council. R.S.O. 1990, c.R.8, s.9(6).
Declaration of vacancy
(7)Where the Regional Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (8), and subsection (6) applies, the Regional Council or the area council, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council. R.S.O. 1990, c.R.8, s.9(7).
Idem
(8)Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the Regional Council or the council of the area municipality, as the case may be, shall forthwith declare the seat of that member on the council to be vacant. R.S.O. 1990, c.R.8, s.9(8).
Other members
(9)When a vacancy occurs in the office of a member, other than the chair or the head of the council of an area municipality, the council of the area municipality of which he or she was a member shall by by-law within sixty days after the vacancy occurs appoint a successor, who may be a member of the council or a person who is eligible to be elected a member of the council to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c.R.8, s.9(9).