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CORPORATION OF THE TOWPk�OF NEWCASTLE
OFFICE OF THE T�PWN CLERK
TELEPHONE 623-3379
40 TEMPERANCE STREET^°.M
BOWMANVILLE, ONTARIO
s q L1C3A6
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
JULY 16, 1984.
CD-48-84 - File: 35.31 .5.
SUBJECT: DEPARTMENTAL COMMENTS WITH RESPECT TO BILL 60, "AN ACT
TO AMEND THE MUNICIPAL ACT.'t
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1 . That this report be received for information; and
2. That the Minister of Municipal Affairs and Housing be advised, that the
Town of Newcastle has reviewed the contents of Bill 60, and have no
comments to make with respect to the proposed legislation.
BACKGROUND AND COMMENT:
Bill 60, entitled an Act to Amend the Municipal Act, was received by Council
at the meeting of June 25th 1984, and referred to staff for review and a
report to Committee. Copies of the Bill were circulated to all departments
by covering memorandum dated June 28th 1984, with a request that the proposed
legislation be reviewed, its impact on each department and municipal activities
identified, commented upon, and all comments forwarded to the Clerk for inclusion
in a report to the General Purpose and Administration Committee.
All departments have reviewed the Bill and have no comments to make. Essentially
the proposed legislation breaks down into three parts:
(a) Housekeeping; the repeal of a number of sections which duplicate
other legislation.
Continued . . . . ./2
�d�
CD-48-84 - 2 - July 16, 1984
(b) Municipal Taxes; extending the time for discounts from 14 to 21 days
after the mailing of the notice to the taxpayer and extending the waiting
period from 14 to 21 days before distraining.
(c) Road Closings; where such closings affect unopened road allowances leading
to water, running along water (including lakes, rivers, streams and creeks) ,
notice will have to be given by publication once at least 65 days before
the Council meeting at which the by-law is to be considered and as well ,
the municipality will be required to give notice to all owners of land
abutting and lying within 120 metres (400 feet) of the allowance being
closed. All other requirements relating to road closings will remain the
same. Essentially what the new legislation does is place a greater onus
upon the municipality in relation to the closing and conveying of road
allowances of this type. The net effect will be an increase in the cost
of road closings of this type and it may be appropriate to amend the
Town's road closing policy to reflect the increase in real and administrative
costs.
One final minor matter relates to the maintenance of an index of by-laws passed
relating to land use matters. The Clerk's Department has an index system in
place, and will modify its procedure to comply with the legislation.
It would appear, that there will be little impact upon this municipality if
Bill 60 is finally passed. Accordingly, staff would recommend that the Minister
of Municipal Affairs and Housing be advised, that the Town of Newcastle has
reviewed the contents of Bill 60 and have no comments to make on the proposed
legislation.
Respectfully submitted,
a`
David W. Oakes, B.A. , A.M.C.T. ,
Town Clerk.
DWO/ms
July 11 , 1984.
I
Biti 60 Government Bill
4TH SESSION, 32ND LEGISLATURE, ONTARIO 33 ELIZABETH II, 1984
BR160
An Act to amend the Municipal Act
I
The Hon. C. Bennett
Minister of Municipal Affairs and Housing
I st Reading May 8th, 1984
2nd Reading
3rd Reading
Royal Assent
i
EXPLANATORY NOTES
SECTION 1. The re-enactment of paragraph 22 of section 1, deletes an obsolete ref-
crence to biennial elections.
SECTIONS 2 And 3. The repeal of section 59 and the re-enactment of subsection 72 (2) !
will have the effect of consolidating and simplifying the provisions of the Act related to
the appointment of an acting head of council. ;
P
SECTION 4. The repeal of subsection 77 (4) is complementary to the enactment of sec-
tion 78a as set out in section 6 of the Bill.
i
SECTION S. The re-enactment of subsection 78 (2) changes references to the Planning
Act (R.S.O. 1980, c. 379) to references to the Planning Act, 1983 (c. 1). The repeal of
subsection 78 (3) is complementary to the enactment of section 78b as set out in section
6 of the Bill. '
SECTION 6. The proposed section 78a authorizes municipalities and local boards to
transfer their documents to the Provincial Archivist.
The proposed section 78b provides for the receiving in evidence of documents of a i
municipality that are in the possession of the clerk or the Archivist.
SECTION 7. The re-enactment of subsection 98 (5) clarifies that costs may be awarded
to a local board in proceedings in which the local board is represented by a lawyer who
is a salaried officer of the local board or of a municipality acting on behalf of the local
board.
SECTION S. The proposed subsection 122 (2a) authorizes a municipality to enter agree-
ments with any other municipality located in Canada or the United States related to the
use of the property and staff of the municipality by the other municipality and vice versa.
SECTION 9. The amendment deletes a requirement for the approval by the Minister of
agreements made under paragraph 58 of section 208.
SECTION 10. Section 209 is now considered to be obsolete and it is proposed that the
section be repealed. Section 209 provides for the making of certain grants and for the
establishment of emergency measures civil defence organizations. The power of munici-
palities to make grants is now set out in section 113 of the Act which was enacted in
1980. Emergency plans are now provided for in the Emergency Plans Act, 1983.
SECTION 11.--Subsection 1. Clause (b) of paragraph 96 of section 210 requires fees to
be paid by municipal corporations to school boards with respect to children who live in
municipally owned trailer camps or parks. The proposed clause(c) exempts municipalities
from this requirement if the trailers are lioble for assessment and taxation under the
Assessment Act.
Subsection 2. The re-enactment of clause (d) of paragraph 125 corrects an internal ref- !
erence to subsection 321a (1) of the Act.
SECTION 12. Clause 211 (1) (b) is amended to add hairstyling establishments and hair-
dressing establishments to the list of businesses that are included in the definition of shop
for the purpose of regulating closing hours.
SECTION 13. Clause (a) of paragraph 3 of section 225 is now obsolete and it is pro-
posed that the clause be repealed. The clause dispensed with the need for obtaining the
assent of the electors where a county council proposed to establish a county farm. Under
�...�......�. �.. ♦1.. A,.* on 1091 the rAnisirrmpnt for thp. sm"nt. of the cleetors was elimi.
i
SECTION 14. The proposed re-enactment of paragraph 2 of section 232 adds hairstyling
establishments to the list of businesses that may be, licensed by a municipality.
SECTIONS 15 to 21. The amendments set out in sections 15 to 21 of the Bill all relate
`!. to county bridges and county roads. The principal purpose of the amendments is to
delete the authority of county councils to erect bridges on highways that are not part of
the county road system and to provide a mechanism whereby county councils, with the
consent of the local municipality or municipalities, may transfer their jurisdiction over
' existing bridges that are not on the county road'system back to the local municipality or
.municipalities that have jurisdiction over the highways on which the bridges are situate.
The repeal of section 274 deletes the requirement that a county must upgrade a
township road immediately after the county assumes jurisdiction over the road.
SECTION 22. The proposed repeal of subsection 298 (3) deletes the requirement for the
approval of the Minister with respect to by-laws for altering or diverting shoreline roads
and roads leading to water. A new procedure for the passing of by-laws to stop up, sell
or lease shoreline road allowances and road allowances leading to water is set out in the
proposed. section 303a of the Act (see section 23,of the Bill).
The proposed repeal of subsection 298 (6) deletes the requirement for a judge's
approval of by-laws closing highways in townships in unorganized territory and in town-
ships that are separated from the counties in which they are situate. The re-enactment of
subsection 298 (7) is complementary to the repeal of subsection 298 (6).
Under subsection 298 (12) by-laws related to roads must be registered in the land
registry office if the roads are lands to which the Registry Act applies. The proposed re-
enactment of this subsection will require the registration of such by-laws related to roads
in areas to which the Land Titles Act applies. The proposed subsections 298 (13) and
(14) provide that the registration requirement does not apply to such by-laws in the land
registry system if they were passed before the enactment of the forerunner of the present
subsection 298 (12) or to such by-laws in the land titles system if they were passed before
I the coming into force of the new subsection 298 (12).
SECTION 23. The proposed section 303a establishes a procedure for the passing of by-
laws for the stopping up or selling or leasing of unopened shoreline road allowances and
unopened road allowances that lead to water. A council that proposes to consider such a
by-law will be required to give public notice of the proposed by-law and will be required
to hear objectors before making a decision. The Minister and the upper tier municipality
in which the road allowance is situate will be able to veto such a by-law and the Minister
will be authorized to direct that such a by-law will not take effect until it is approved by
the Municipal Board.
SECTION 24. The repeal of subsection 306 (2) will enable municipalities to lay out
highways that are less than twenty metres in width without obtaining the approval of the
Minister. The repeal of subsection 306 (4) is complementary to the repeal of subsection
306 (2).
SECTION 25. The proposed amendment to section 325 deletes an unnecessary reference
i to dispensing with the assent of the electors (see the Explanatory Not; to section 13 of
the Bill).
SECTION 26. Under section 386, a municipality by by-law may provide for the payment
of taxes in bulk or by instalment and may allow discounts for early payment of taxes or
impose an additional percentage charge for the late payment of taxes. The proposed
amendments to subsection 386 (6) extend the time during which a taxpayer may take
advantage of these provisions from fourteen to twenty-one days after notice thereof is
sent to the taxpayer. In addition, the council of a municipality will be authorized to
SECTION 27. Subsections 387 (1) and (2) provide for the collection of overdue taxes by
distress. Under the proposed amendments, the tax collector or treasurer will be required
to wait at least twenty-one days, instead of the present fourteen days, before distrainin$.
•
-T
1
Dili 60 1984
An Act to a mead.the.MuuicipW Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Paragraph 22 of section 1 of the Municipal Act, being
chapter 302 of the Revised Statutes of Ontario, 1980, Is
repealed and the following substituted therefor:
`a 22. "regular election" means an election required to
be held under.section 10 of the Municipal Elec. R.S.O. 1980,
bons Act. G'
2. Section 59 of the said Act Is repealed.
3. .Subsection 72 (2) of the said Act is repeated and the fol-
lowing substituted therefor:
(2) When the head of council is absent or refuses to act, or Acting bead
►' the office is vacant, the council may by resolution appoint one
of its members to act in the place and stead of the head of
council and while so acting, the member has and may exercise
ail the rights, powers and authority of the head of council.,
4,► Subsect�m 77 (4) of the said Act is.repealed.
4•
5. Subsections 78 (2) and (3) of the said Act are repealed
ti and the following substituted therefor:
:`. (2) The clerk shall keep an index book in which the clerk Inner b
shall enter the number and date of, zoning
etc.
(a) every subsisting by-law heretofore passed under sec-
tion 34 of the Planning Act, 1983 or a predecessor 1983, c. 1
+ of that section;
(b) every by-law hereafter passed under section 34 of
the Planning Act, 1983; and
i
2 Bill 60 MUNICIPAL. 1984
�--' (c) every other subsisting by-law, and every other by-
law hereafter passed, that affects land but does not
directly affect the title to land.
6. The said Act is amended by adding thereto the following
sections:
Transfers to
documents 78a.—(1) Notwithstanding subsection 77 (1), but subject .
'
A4,rcWvist to section 116, the Archivist of Ontario and a municipal coun-
cil may agree that any document of the municipality xuay be
transferred to and kept by the ArcWvist.
Idem (2) Subject to section 116, the Archivist of Ontario and a
R.s.o. 1980, local board, as defined in the Municipal Affairs Act, may
agree that any, document of the local board 'may be transfer-
red to and kept by the ,A'rrbivist. „
Copies of (3) Where a council or local board agrees under subsection
certain 1 or 2 to transfer the original of a b law that at the time
by-laws to ( ) ( ) y- ,
be kept of the transfer, is still in force or the operation of which is not
spent, the clerk shall obtain and keep, until such time as the
by-law is no longer in force or is spent, a phQtogxapluc gopy
of the by-law.
Interpretation (4) In this section and section 78b, "document" includes
originals of by-laws, resolutions, books, records, accounts and
papers of any nature.
Certified 78b.—(1) A copy of any document in the possession or
copies under the control of the clerk of a municipality purporting to
documents P Y P � g
' receivable be certified by the clerk and under the seal of the corporation
in CY1dCl1C may be filed and used in any court or tribunal in lieu of the
original and shall be received in evidence without proof of the
seal or of the signature or official character of the person
appearing to have signed the same, and without further proof,
unless the court or tribunal otherwise directs.
Idem (2) A copy of any document kept by the Archivist under
subsection 78a (1) or (2) and certified by the Archivist may be
filed and used in any court or tribunal in lieu of the original f
and shall be received in evidence without proof of the signa-
ture or official character of the person appearing to have
signed the same, and without further proof, unless the court
or tribunal otherwise directs.
7. Subsection 98 (S) of the said Act is repealed and the fol-
lowing substituted therefor:
� t�"l is'1•`• .,� :1��
MUN,IWAL Bi11.60
(5) Notwithstanding any other Act, in any proceeding to Costs in legal
". which a municipality or local board, as defined in the Munici- pro odings
pal Affairs Act, is a party, costs adjudged to the municipality c. 303
or local board shall not be disallowed or reduced merely
because the solicitor or the counsel who earned the costs, or
` .: in respect of whose services the costs are charged, was a sala-
ried officer of the municipality or local board or of a munici-
pality acting on behalf of the local board performing the ser-
#,, 1, vices in the discharge of his duty and remunerated therefor by
his salary, and for that or any other reason was not entitled to
' recover any costs from the municipality or local board in
]respect of the services rendered, and,
G ! (a) the costs recovered by or on behalf of the munici-
pality shall form part of the general funds of the
municipality; and
(b) the costs recovered by or on behalf of the local
board shall form part of the general funds of the
local board.
S. Section 122 of the said Act is amended. by adding the rcto
the following subsection:
(2a) A municipality may enter into and perform agree- Agreements
with
ments with any other municipality located in Canada or the mun other
municipal
United States of America on such terms and conditions as jww4wuom
may be set out in the agreement for the use of,
(a) any of the real and personal property; and
(b) the services of any of the officers and servants,
� I
of the municipality or the other municipality.
` 9. Paragraph 58 of section 208 of the said Act Is repealed
and the following substituted therefor:
58. For entering into any agreement with Her Majesty in Regional
right of Ontario respecting regional economic development economic
l� development
and any ancillary or subsidiary agreements with any person agreements
l required as a result of entering into such an agreement with
Her Majesty.
I
10. Section 209 of the said Act is repealed.
11--(1) Paragraph 96 of section 210 of the said Act is
' amended by adding thereto the following clause:
Bill 60 MUNICIPAL
I (c) No fees are payable under clause (b) in respect of a ?
f..
child residing in a trailer if the trailer is liable
R.S.O. 1980, assessment and taxation under the Assessment tict,
c. (2) Clause (d) of paragraph 125 of the said section 210, as
amended by the Statutes of Ontario, 1982, chapter 24, sectioq '
100 is repealed and the following, substituted therefor:"
d Notwithstanding subsection 321 1
O g a Oand subject tQ
clause (f), the driver or owner of a motor vehicle
parked or left on private property is not liable to
!,f any penalty or to have the motor vehicle removed
i from such property or impounded under a by-law
passed under this paragraph except upon the writ
IiG ten complaint of the owner or occupant of the prop-
erty given to a constable or officer appointed for the
lr carrying out of the provisions of the,by-law,
i; 12. Clause 211 (1) (b) of the said Act is amended by insert.
ing after "shops" in the third line "hairstyling establishweuta,.
hairdressing establishments".i
13. Clause (a) of paragraph 3 of section 225 of the said Act
is repealed.
14. Paragraph 2 of section 232 of the said Act repeated
and the following substituted Uw refQlr:
Barber 2. For licensing, regulating and governing the owners of
tom' barber shops, hairstyling establishments and hairdressing '-
establishments, and for revoking any such,Upeapp,
Y•
15. Section 261 of the Wd Act its rep>eaed and the fpttowiug
substituted therefor:
j Jurisdiction 261.—(1) The council of a county has jurisdiction over
co county eve highway and boundary line assumed b the council and
� council over 1'Y g Y � y
highways every bridge thereon. {
I Duty with • �'
(2) Where the council of a county has jurisdiction over a
respect to highway, the council of the county, at the expense of the
II j bridges ;
county, shall cause to be erected and maintained or rebuilt or
replaced and maintained the bridges on the highway..
�I Continued
jurisdiction (3) Subject to a by-law passed under subsection 278 (1), the
,
'fi ovso certain council of a county continues on and after the day this section
VI bridges comes into force,
198' MUNICIPAL
Bill 60 $.
(a) to have jurisdiction over all bridges over which it
j had jurisdiction immediately . before this section
i comes into force;
(b) to have joint jurisdiction over all bridges over which
it had joint jurisdiction immediately before this sec-
tion comes into force,
and the council of the county, at the expense of the county or
at the joint expense of the municipalities, as the case may be,
shall cause every such bridge to be rebuilt or replaced and
maintained.
16. Section 262 of the said Act is amended by inserting
after "is" in the first line "to maintain or".
17. Section 263 of the said Act is amended by Inserting
after "is" in the first line "to maintain or".
r ,
U. Section 206 of the said Act is repealed.
19.--(1) Subsection 270 (1) of the said Act is repealed and
the following substituted therefor:
(1) The council of a county may by by-law assume as a Assumption
county road any highway within a town, not being a separated Co u�oa
town, or within a village or township, highways
(2) Subsection 270 (7) of the said Act is repealed and the fol.
lowing substituted therefor: i
(7) When a by-law passed under this section is repealed, Effect of i
the highway and the bridges thereon cease to be under the
jurisdiction of the council of the county and falls and is under
the jurisdiction of the council or councils that had jurisdiction
over it at the time of the passing of the by-14w for assuming it.
20. Sections 273, 274 and 275 of the said Act are repealed.
21. Sections 276, 277 and 278 of the said Act are repealed
and the following substituted therefor:
276.—(1) Where a bridge joins or is to join a highway Bridges on
under the jurisdiction of one municipal corporation to high "d ways
way under the jurisdiction of another municipal corporation, different
it is the duty of the municipal corporations whose highways it
are joined or to be joined to maintain or erect and maintain
the bridge.
{
6. Bill 60 MUNICIPAL
I rk
Bridges on {�+
(2) Where a bridge forms part of a boundary line, it is the
iu
tos�'y duty of the municipal corporations that are responsible for
maintaining the boundary line to maintain or to erect ago
maintain all necessary bridges on the boundary line.
�j Maintenance 277.—(1) Boundary lines between local municipalities,
of boundary lines )
ones including those that also form county boundary lines, shall be
maintained by the corporations of such municipalities,
I
. rt
Exceptions (2) Subsection (1) does not apply to boundary lines ;
assumed by the council of the county or to such bridges as are
under this Act to be maintained or erected and n aa.W aed by
another corporation.
Local 278.—(1) Where a bridge that is not on a county road or
municipalities � line d b d
b
i
that s not on a boundary ne assumee coup s under
I to erect and y the i d �•��
maintain the exclusive or joint jurisdiction of the council of a county,
certain the council of the count may transfer b b law its jurisdic-
tion Y Y y Y-
L' and control over the bridge to the council or councils of
the local municipality or local municipalities in the county that
has or have jurisdiction over the highway or boundary line on
which the bridge is situate and the transfer may be made on
r such terms and conditions as the councils may agree,upon. s
�i Approval (2) A by-law passed under subsection (1) does not take a;
effect until it is approved by a by-law of the local municipality
t or the local municipalities to which the jurisdiction and con-
(° trol over the bridge is being transferred.
Effect of
' (3) On the day that a transfer under subsection (1) takes
transfer effect, all rights, liabilities and obligations of the county in
respect of the bridge are transferred to and are vested in and
I imposed upon the local municipality or, where the jurisdiction
is transferred to the council of more than one local municipal-
ity, the local municipalities, jointly.
! ' 22.---(1) Subsections 298 (3) and (6) of the said Act are
repealed.
(2) Subsection 298 (7) of the said Act is repealed and the fol.
i lowing substituted therefor:
Notice to (7) Where the council of a township intends to pass a by-
1 clerk of law under clause 1 (c), it shall so notify, in writing, the clerk
county ( ) ( ) y g�
of the county in which the township is situate by registered
mail or by personal service,
(3) Subsection 298 (12) of the said Act is repealed and the
4� following substituted therefor:
` 1984 MUNWIPAL $111 ()
(12) A by-law passed under subsection (1), or any pre- Registration
decessor of subsection (1), for closing any street, road or high- of by-laws
way or for opening upon any private property, any street,
road or highway does not take effect until it has been reg-
istered in the land registry office of the land titles division or
registry division in which the land is situate, and the by-law
shall be registered without further proof by depositing a copy
F certified under the hand of the clerk and the seal of the
r I musucfpality.
(13) Subsection (12) does not apply, and shall be deemed EUMP6011
never to have applied, so as to require the registration of a
' by-law passed before the 29th day of March, 1873.
1
(14) Subsection (12) does not apply so as to require the Idem
registration of a by-law passed before the day this subsection
comes into force in respect of land registered under the Land R.S.O. 1980,
Titles Act.
23. The said Act is further amended by adding thereto the
Wowing section;
303a.----(1) This section applies only to by-laws for shoreline
stopping up or selling or leasing the soil and freehold in ailowaams
respect of an unopened allowance for road reserved in the and
original survey where the � for allowance for road, s
for roads
leading to
(a) runs along the bank of any river, stream or other water
water;
(b) runs along or is on the shore of any lake or other
water;
(c) leads to the bank of any river or stream; or
(d) leads to the shore of any lake or other water,
and subsections 298 (7), (8) and (9) and" sections 299 and 301
do not apply to any such by-law.
(2) At least sixty-five days before the meeting of the coun• Notice of
cil at which a by-law to which this section applies is to be hearing
taken into consideration, written notice of the proposed by-
law shall be given,
(a) by personal service or by first class mail to all asses-
sed owners of land lying within 120 metres of the
allowance; and
8 Bill 60 MUNICIPAL.. 1984
(b) by personal service or by registered mail to the Min- ,
ister and to the clerk of the county or regional, met-
ropolitan or district municipality in which the allow-
' ante is situate,
and notice of the proposed by-law shall be published at least
i once not less than sixty-five days before such meeting.
x
Right of +
ingress and (3) A by-law to which this section applies shall not be
egress not to passed if the effect of the by-law will be to deprive any person
be taken of the means of ingress and egress to and from the person's
closing Y land or place of residence unless the person consents to its
w1owance passing.
Effect of (4) If the Minister or the council of the county or of the
'
objections
regional, metropolitan or district municipality in which the
allowance is situate objects to the passing of the proposed by-
'' law, the Minister or the council, as the case may be, shall
notify the clerk of the municipality which proposes to pass the
by-law, in writing and delivered by personal service or by reg-
istered mail within sixty days of the receipt of the notice sent
under subsection (2), and where a notice of objection 'is
-- received in accordance with this subsection, the by-law shall
not be passed.
j Reference to (5) At any time after the notice is received by the Minister
Municipal under subsection (2) and before the passage of the proposed
by-law, the Minister may direct that the by-law not take effect
until it is approved by the Municipal Board and, where within
forty-five days of the first publication of the notice under sub-
section (2), the Minister receives a written objection, which
objection shall set out the reasons therefor, from any person
or other body to the proposed by-law, the Minister shall direct
that the by-law shall not take effect until it is approved by the
Municipal Board, unless, in the Minister's opinion, the objec-
tion is not made in good faith or is frivolous or vexatious or is
. made only for the purpose of delay.
+ Objections
not affected power Nothing in subsection (5) affects an objection or the
power to make an objection under subsection (4).
Direction (7) A direction under subsection (5) shall be in writing and
shall be delivered by personal service or by registered mail to
the clerk of the municipality that proposes to pass the by-law
and shall be accompanied by copies of the objections, if any,
and a copy of the direction and the objections, if any, shall be
sent to the Municipal Board by the Minister.
Notice of (8) At least five days before the council considers a by-law
'
hearing to which this section applies, the clerk of the municipality,