Bill 25 Restructuring
Municipal Act
5.[1](1)[1]Clause 25.2 (2) (b) of the Municipal Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by striking out "and" at the end of subclause (ii), by adding "and" at the end of subclause (iii) and by adding the following subclause:
(iv) the municipality consulted the public in the required manner.
(2)[1]Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsection:
Consultation
(3.1)[1]Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:
1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting.
2. Council shall consult with such persons or bodies as the Minister may prescribe.
3. Council may consult with such other persons and bodies as the municipality considers appropriate.
(3)[1]Subsection 25.2 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Implementation
(4)[1]If a restructuring proposal and report under subsection (2) meet the requirements of this section and if, in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall, by order, implement the restructuring proposal in accordance with the regulations made under subsection (11).
Amendment of restructuring proposal
(4.1)[1]After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (2) to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:
1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal.
2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support was required by subclause (2) (b) (i) for the original restructuring proposal.
3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support would be required by subclause (2) (b) (i), if the amended proposal were an original restructuring proposal.
4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.
Same
(4.2)[1]An amended restructuring proposal and report submitted to the Minister under subsection (4.1) shall be deemed to have been submitted to the Minister under subsection (2) for the purposes of this section.
Same
(4.3)[1]If the Minister makes an order under subsection (4) and then makes another order under subsection (4.1) implementing an amended restructuring proposal, the second order shall be deemed to have been made under subsection (4) for the purposes of this section.
(4)[1]Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsections:
Same, restructuring principles and standards
(5.1)[1]If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration.
Effect of order
(5.2)[1]A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under subsection 25.4 (1) once an order implementing the proposal is made under subsection (4).
(5)[1]Subsection 25.2 (9) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by adding the following clause:
(d) for the purpose of paragraph 2 of subsection (3.1), specifying the persons or bodies to be consulted.
(6)[1]Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsection:
Same
(13)[1]Despite subsection (12), a municipality may exercise its powers under any of the following provisions before or after an order of the Minister under this section or an order of a commission under section 25.3 comes into force, unless the order precludes it expressly or by necessary implication:
1. Sections 13 to 13.2 (wards).
2. Sections 26 and 29 (council composition).
3. Sections 209.1 to 209.6 (service migration).
4. Section 210.4 (dissolution of local boards).
5. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order under this section or section 25.3.
(7)[1]Subsection 25.3 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Commission
(1)[1]At the request of any of the following, the Minister may establish a commission on or before December 31, 2002 to develop a proposal for restructuring municipalities and unorganized territory in a locality or in such greater area as the Minister may prescribe:
1. A municipality in the locality.
2. The electors of a municipality in the locality, as evidenced by the signatures of at least 75 electors or by the signatures of at least that number of electors that equals 10 per cent of the total number of electors in the municipality, whichever is the lesser.
3. At least 75 residents of the unorganized territory in the locality.
Same
(1.1)[1]For the purposes of paragraph 2 of subsection (1), the total number of electors in a municipality is the number of persons whose name appears on the voting list, as amended until the close of the polls, for the most recent regular election held before the request is made under subsection (1).
Same
(1.2)[1]For the purposes of paragraph 2 of subsection (1), a person is eligible to sign the request as an elector if he or she would be entitled to be an elector in the municipality under section 17 of the Municipal Elections Act, 1996 if an election were held on the day the request is made under subsection (1) and if he or she is not disqualified by any Act from holding office in the municipality.
(8)[1]Subsection 25.3 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Consultation
(4)[1]When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed locality and with such persons or bodies as the Minister may prescribe, and the commission may consult with such other persons or bodies as it considers appropriate.
(9)[1]Subsection 25.3 (13) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Commission orders
(13)[1]The commission may make orders to implement the restructuring proposal if the requirements of this section have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under subsection 25.4 (1).
Same
(13.1)[1]For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 25.2 (11).
Effect of order
(13.2)[1]A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under subsection 25.4 (1) once an order implementing the proposal is made under subsection (13).
(10)[1]Subsection 25.3 (18) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by adding the following clause:
(h) for the purpose of subsection (4), specifying the persons or bodies to be consulted.
(11)[1]Section 25.4 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Regulations
25.4[1](1)[1]The Minister may, by regulation, establish principles and standards relating to restructuring proposals under section 25.2 or 25.3.
Application
(2)[1]A regulation under subsection (1) may be general or particular in its application.
Municipal Elections Act, 1996
6.[1](1)[1]Section 8 of the Municipal Elections Act, 1996 is amended by adding the following subsection:
Restrictions
(2.1)[1]A by僕aw passed under clause (1) (b) and a resolution passed under subsection (2) must comply with such rules as may be prescribed.
(2)[1]Section 9 of the Act is amended by adding the following subsection:
Non紡pplication
(3)[1]This section does not apply with respect to notices, forms and other information provided under this Act in respect of the election of the persons described in clauses 9.1 (1) (a) and (b).
(3)[1]The Act is amended by adding the following section:
Bilingual notices and forms
9.1[1](1)[1]This section applies with respect to notices, forms and other information provided under this Act in respect of the election of,
(a) members of a French僕anguage district school board; or
(b) members of a school authority that,
(i) has established, operated or maintained a French僕anguage instructional unit within the year before voting day, or
(ii) is subject to an agreement, resolution or order under Part XII of the Education Act that requires the school authority to establish, operate or maintain a French僕anguage instructional unit.
Language of notices, etc.
(2)[1]Notices, forms and other information provided under this Act with respect to the matters described in subsection (1) shall be made available in English and French and shall not be provided in any other language unless the council of the municipality has passed a by僕aw under subsection (3).
By僕aw
(3)[1]A municipal council may pass a by僕aw allowing the use of languages other than English and French in notices, forms (other than prescribed forms) and other information provided under this Act with respect to the matters described in subsection (1).
Interpretation
(4)[1]In this section, "French僕anguage district school board", "French僕anguage instructional unit" and "school authority" have the same meaning as in subsection 1 (1) of the Education Act.
(4)[1]Paragraphs 2 and 3 of subsection 11 (1) of the Act are repealed.
(5)[1]Section 95 of the Act is amended by adding the following clause:
(h) establish rules with respect to a question to be submitted to electors under clause 8 (1) (b) or subsection 8 (2).
(6)[1]Subsection 95 (2) of the Act is amended by striking out "or (c)" and substituting "(c) or (h)".
(7)[1]Section 95 of the Act is amended by adding the following subsection:
Retroactivity
(4)[1]A regulation made under clause (1) (h) may be made applicable with respect to a question in respect of which a by僕aw under clause 8 (1) (b) or a resolution under subsection 8 (2) is passed before the regulation comes into force, if the vote has not been held on the question when the regulation comes into force.