City of Toronto Act, 2006

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 C…

part i interpretation

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. 2006, c. 11, Sched. A, s. 1 (1). 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. 2006, c. 11, Sched. A, s. 1 (2). 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. 2006, c. 11, Sched. A, s. 1 (3). Agreements with the federal government (4) The Pro…

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: 1. Determine what is in the public interest for the City. 2. Respond to the needs of the City. 3. Determine the appropriate structure for governing the City other than with respect to the composition of city council and the division of the City into wards. 4. Ensure that the City is accountable to the public and that the process for making decisions is transparent. 5. Determine the appropriate mechanisms for delivering municipal services in the City. 6. Determine the appropriate levels of municipal spending and municipal taxation for the City. 7. Use fiscal tools to support the activities of the City. 2006, c. 11, Sched. A, s. 2; 2018, c. 11,…

3 (1) In this Act, “animal” means any member of the animal kingdom, other than a human; (“animal”) “assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”) “city board” means a city board established or deemed to be established by the City under this Act, but does not include a corporation incorporated by the City in accordance with section 148 or an appeal body established under section 115 for local land use planning matters; (“commission municipale”) “group home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being; (“foyer de groupe”) “First N…

4 (1) In this section, “special Act” means an Act, other than this Act, relating to the City in particular. 2006, c. 11, Sched. A, s. 4 (1). Relationship between this Act and special Acts (2) Except where otherwise expressly or by necessary implication provided, (a) this Act does not limit or restrict the powers of the City under a special Act; and (b) a special Act does not limit or restrict the powers of the City under this Act. 2006, c. 11, Sched. A, s. 4 (2). Override power (3) Despite subsection (2), the City may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently: 1. Changing the name of the City. 2., 3. Repealed: 2018, c. 11, Sched. 1, s. 2. 4. Dissolving or changing local boards. 5. Any other matter dealt with by a provision of an Act which provides, expressly or by neces…

5 The Minister of Municipal Affairs and Housing shall initiate a review of this Act two years after section 125 comes into force and thereafter within five years after the end of the previous review. 2006, c. 11, Sched. A, s. 5.

part II general powers of the city

Powers

6 (1) The powers of the City under this or any other Act shall be interpreted broadly so as to confer broad authority on the City to enable the City to govern its affairs as it considers appropriate and to enhance the City’s ability to respond to municipal issues. 2006, c. 11, Sched. A, s. 6 (1); 2006, c. 32, Sched. B, s. 2. Ambiguity (2) In the event of ambiguity in whether or not the City has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the City had on the day before this section came into force. 2006, c. 11, Sched. A, s. 6 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 2 - 01/01/2007

7 The City has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 2006, c. 11, Sched. A, s. 7.

8 (1) The City may provide any service or thing that the City considers necessary or desirable for the public. 2006, c. 11, Sched. A, s. 8 (1). City by-laws (2) The City may pass by-laws respecting the following matters: 1. Governance structure of the City and its local boards (restricted definition) other than with respect to the composition of city council and the division of the City into wards. 2. Accountability and transparency of the City and its operations and of its local boards (restricted definition) and their operations. 3. Financial management of the City and its local boards (restricted definition). 4. Public assets of the City acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the City, including respecting climate change. 6. Health, safety and well-being of persons. 7. Services and things th…

9 (1) The power of the City to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2006, c. 11, Sched. A, s. 9 (1). Extended power (2) The City, a local board of the City that has the authority to expropriate land and a school board that has jurisdiction in any part of the City and has the authority to expropriate land may, with the approval of the Ontario Land Tribunal, exercise the authority to expropriate land with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land. 2006, c. 11, Sched. A, s. 9 (2); 2017, c. 23, Sched. 5, s. 8; 2021, c. 4, Sched. 6, s. 37 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 8 - 03/04/2018 2021, c. 4, Sched. 6, s. 37 (1) - 01/06/2021

10 (1) Without limiting the generality of section 6 and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis the City considers appropriate. 2006, c. 11, Sched. A, s. 10 (1). Exceptions (2) Subsection (1) does not apply with respect to a by-law made under Part VII (Financial Administration), VIII (Finances), XI (Traditional Municipal Taxes), XII (Limits on Traditional Municipal Taxes), XIII (Collection of Traditional Municipal Taxes) or XIV (Sale of Land for Tax Arrears (Real Property Taxes)). 2006, c. 11, Sched. A, s. 10 (2).

11 (1) A city by-law is without effect to the extent of any conflict with, (a) a provincial or federal Act or a regulation made under such an Act; or (b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or a provincial or federal regulation. 2006, c. 11, Sched. A, s. 11 (1). Same (2) Without restricting the generality of subsection (1), there is a conflict between a city by-law and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument. 2006, c. 11, Sched. A, s. 11 (2).

General Restrictions

12 (1) If the City has the power to pass a by-law under section 7 or 8 and also under a specific provision of this or any other Act, the power conferred by section 7 or 8 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision. 2006, c. 11, Sched. A, s. 12 (1). Interpretation (1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not the City has a particular power shall not be interpreted as a limit on the power contained in the specific provision. 2006, c. 32, Sched. B, s. 4 (1). Application to new and existing provisions (2) Subsection (1) applies whether the specific provision was enacted before or after, (a) the day this section comes into force; or (b) the day a by-law passed u…

13 Sections 7 and 8 do not authorize the City to do any of the following: 1. Impose any type of tax, including taxes under any Part of this Act. 2. Make a grant or loan. 3. Become a bankrupt under the Bankruptcy and Insolvency Act (Canada). 4. As an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act. 2006, c. 11, Sched. A, s. 13.

14 The City shall not confer on any person the exclusive right to carry on any business, trade or occupation unless the City is specifically authorized to do so under this or any other Act. 2006, c. 11, Sched. A, s. 14.

15 (1) City by-laws and resolutions apply only within the boundaries of the City, except as otherwise provided in subsection (2) or in any other provisions of this or any other Act. 2006, c. 11, Sched. A, s. 15 (1). Exception, services (2) The City may exercise its powers to provide a municipal system for the provision of a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies: 1. The service or thing is provided only to inhabitants of the City. 2. The other municipality is a single-tier municipality and the service or thing is provided with its consent. 3. The other municipality is a lower-tier municipality and the service or thing is provided with the consent of, i. the lower-tier municipality, if it has jurisdiction to provide the service or thing in th…

Agreements

16 (1) The City may enter into an agreement with one or more municipalities or local bodies, as defined in subsection 15 (5), or a combination of both, to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries. 2006, c. 11, Sched. A, s. 16 (1). Extraterritorial effect (2) The City may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter. 2006, c. 11, Sched. A, s. 16 (2).

17 (1) The City may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether or not the reserve is within the City. 2006, c. 11, Sched. A, s. 17 (1). Extraterritorial effect (2) The City may provide the system outside its boundaries in accordance with the agreement. 2006, c. 11, Sched. A, s. 17 (2).

18 (1) The City may provide a system that it would otherwise not have power to provide within the City, if it does so in accordance with an agreement with the Crown in right of Ontario under a program established and administered by the Crown. 2006, c. 11, Sched. A, s. 18 (1). Extraterritorial effect (2) The City may provide the system outside its boundaries in accordance with the agreement. 2006, c. 11, Sched. A, s. 18 (2). Same (3) The City may provide a system that it has power to provide within the City outside its boundaries in accordance with an agreement with the Crown in right of Ontario under a program established and administered by the Crown. 2006, c. 11, Sched. A, s. 18 (3).

19 The City may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants. 2006, c. 11, Sched. A, s. 19.

Delegation of Powers and Duties

20 (1) Without limiting sections 7 and 8, those sections authorize the City to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. 2006, c. 11, Sched. A, s. 20 (1). Scope of power (2) The following rules apply to a by-law delegating any of the City’s powers or duties: 1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the City’s power to revoke the delegation. 2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation. 3. A delegation may provide that only the delegate can exercise the delegated power or that both the City and the delegate can exercise the power. 4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the City and the delegate…

21 (1) Sections 7 and 8 do not authorize the City to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to, (a) one or more members of city council or a council committee; (b) a body having at least two members of whom at least 50 per cent are, (i) members of city council, (ii) individuals appointed by city council, (iii) a combination of individuals described in subclauses (i) and (ii); or (c) an individual who is an officer, employee or agent of the City. 2006, c. 11, Sched. A, s. 21 (1); 2006, c. 32, Sched. B, s. 5 (1). Listed Acts (2) For the purpose of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the City and such other Acts as may be prescribed. 2006, c. 32, Sched. B, s. 5 (2). Restriction re certain c…

22 (1) Sections 7 and 8 do not authorize the City to delegate any of the following powers and duties: 1. The power to appoint or remove from office an officer of the City whose appointment is required by this Act. 2. The power to pass a by-law under section 267 and Parts XI, XII, XII.1 and XIII. 3. The power to incorporate corporations in accordance with section 148. 4. The power to adopt an official plan or an amendment to an official plan under the Planning Act. 5. The power to pass a zoning by-law under the Planning Act, except as provided under section 39.2 of that Act. 6. The power to pass a by-law in accordance with subsections 84 (1) and (2) and 252 (3), (6), (7) and (7.1). 7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or un…

23 (1) When the City has delegated a power or duty to a city board, the City may provide that any existing by-law or resolution of the City that relates to the delegated power or duty is, to the extent it applies in any part of the City, deemed to be a by-law or resolution of the board. 2006, c. 11, Sched. A, s. 23 (1). Limitation (2) If a municipal service or activity is under the control and management of a city board, nothing in this Act or a by-law made under this Act, (a) authorizes the city board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part IX (Fees and Charges) unless the city board has the consent of the City to do so; (b) removes from the City its power to finance the capital and operating costs of providing the service or activity as if the City had control and management of the service or activity; or (c) remov…

24 (1) This section applies when the City is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law. 2006, c. 32, Sched. B, s. 7. Delegation authorized (2) Despite subsections 21 (1) and (2), sections 7 and 8 authorize the City to delegate to a person or body described in subsection 21 (1) the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken. 2006, c. 32, Sched. B, s. 7. Rules re effect of delegation (3) If the City delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply: 1. If the person or body holds the hearing or provides the opportunity to be heard, the City is not required to do so. 2…

24.1 (1) Without limiting sections 7 and 8, those sections authorize the City to establish one or more community councils which are responsible for, (a) exercising the powers and duties that have been delegated to the community council by the City with respect to matters relating to all or part of the City; and (b) performing the functions assigned to the community council by the City with respect to matters relating to all or part of the City, which may include the function of making recommendations to council on any matter, such as the budget. 2017, c. 10, Sched. 2, s. 2. Composition of community council (2) A community council may include, (a) a council committee; or (b) a body having at least two members that is composed of, (i) one or more members of council, (ii) individuals appointed by council, or (iii) a combination of individuals described in subclauses (i) and (ii). 2017, c. 1…

Regulations

25 (1) If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the power of the City under sections 7, 8 and 267 or Part XII.1 or providing that the City cannot exercise the power in prescribed circumstances. 2006, c. 11, Sched. A, s. 25 (1); 2017, c. 8, Sched. 4, s. 3. Deemed revocation (2) A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then. 2006, c. 11, Sched. A, s. 25 (2). Restriction (3) The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect. 2006, c. 11, Sched. A, s. 25 (3). Sam…

25.1 (1) If the Lieutenant Governor in Council considers that it is necessary or desirable to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the power of the City under this Act in relation to one or more classes of undertaking described in subsection (2), or providing that the City cannot exercise the power in specified circumstances. 2025, c. 13, Sched. 1, s. 1. Same (2) Subsection (1) applies to an undertaking that entails, (a) the development or redevelopment of a building, structure or part of a building or structure, where, (i) the development or redevelopment is funded in part pursuant to a funding agreement entered into by the Ministry of Labour, Immigration, Training and Skills Development, and (ii) the building, structure or part of the building or structure is to be used for training or skills development purposes agreed to in …

26 (1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before this section comes into force. 2006, c. 11, Sched. A, s. 26 (1). Retroactive (2) A regulation under subsection (1) may be retroactive to a day not earlier than the day on which this section comes into force. 2006, c. 11, Sched. A, s. 26 (2). Same, powers on December 31, 2002 (3) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on December 31, 2002. 2006, c. 11, Sched. A, s. 26 (3). Retroactive (4) A regulation under subsection (3) may be retroactive to a day not earlier than January 1, 2003. 2006, c. 11, Sched. A, s. 26 (4). Regulations (4.1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before section 96 of Schedule B to th…

27 The Minister of Municipal Affairs and Housing may make regulations prescribing matters for the purposes of subsection 12 (5). 2006, c. 11, Sched. A, s. 27; 2017, c. 10, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 3 - 30/05/2017

28 The Minister of Municipal Affairs and Housing may make regulations, (a) restricting or imposing conditions on the power of the City to delegate its powers and duties; (b) prescribing Acts for the purposes of subsection 21 (2); (c) prescribing powers and duties for the purposes of paragraph 9 of section 22. 2006, c. 11, Sched. A, s. 28.

part III General Powers: limits and additions

Highways

29 In sections 30 to 55, “bridge” means a public bridge forming part of a highway or on, over or across which a highway passes; (“pont”) “provincial highway” means a highway under the jurisdiction of the Crown in right of Ontario. (“voie publique provinciale”) 2006, c. 11, Sched. A, s. 29.

30 Except as otherwise provided in this Act, sections 31 to 55 do not apply to a provincial highway. 2006, c. 11, Sched. A, s. 30.

31 The following are highways unless they have been closed: 1. All highways of the City that existed on the day before this section comes into force. 2. All highways established by city by-law on or after January 1, 2003. 3. All highways transferred to the City under the Public Transportation and Highway Improvement Act. 4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision in the City. 2006, c. 11, Sched. A, s. 31.

32 (1) Except as otherwise provided in this Act, the City may pass by-laws in respect of only those highways over which it has jurisdiction. 2006, c. 11, Sched. A, s. 32 (1). Joint jurisdiction (2) If a highway is under the joint jurisdiction of the City and one or more other municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway. 2006, c. 11, Sched. A, s. 32 (2).

33 Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, the City has jurisdiction or joint jurisdiction, as the case may be, over the following highways: 1. All highways over which the City had jurisdiction or joint jurisdiction the day before this section comes into force. 2. All highways established by city by-law on or after January 1, 2003. 3. All highways transferred to the City under the Public Transportation and Highway Improvement Act or any other Act. 4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision. 2006, c. 11, Sched. A, s. 33.

34 (1) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a highway forms the boundary line between the City and another local municipality, the City and the other municipality have joint jurisdiction over the highway. 2006, c. 11, Sched. A, s. 34 (1). Joint jurisdiction, bridges (2) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a bridge joins a highway under the jurisdiction of the City to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities. 2006, c. 11, Sched. A, s. 34 (2). Deviation of boundary lines (3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within the City or the other boundary municipality, the highway is deemed to…

35 (1) If the City and another municipality having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located. 2006, c. 11, Sched. A, s. 35 (1). Effect (2) If the City and another municipality enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the municipality which no longer has jurisdiction is relieved from all liability in r…

36 The City owns a highway over which it has jurisdiction, subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person. 2006, c. 11, Sched. A, s. 36. Establishing highways

37 (1) Land may only become a highway of the City on or after January 1, 2003 by virtue of a by-law establishing the highway and not by the activities of the City or any other person in relation to the land, including the spending of public money. 2006, c. 11, Sched. A, s. 37 (1). Certain highways not affected (2) Subsection (1) does not apply to highways described in paragraphs 3 and 4 of section 33. 2006, c. 11, Sched. A, s. 37 (2). Exclusion (3) Section 42 does not apply to the following highways until the City has passed a by-law assuming the highway for public use: 1. An unopened road allowance made by the Crown surveyors. 2. A road allowance, highway, street or lane shown on a registered plan of subdivision. 2006, c. 11, Sched. A, s. 37 (3). Other exclusions (4) Section 42 does not apply to a highway laid out or built by any person before January 1, 2003 unless the highway was assu…

38 (1) A city by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office. 2006, c. 11, Sched. A, s. 38 (1). Consent (2) A city by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway, (a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada. 2006, c. 11, Sched. A, s. 38 (2).

39 (1) Without limiting sections 7 and 8, those sections authorize the City to remove or restrict the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway. 2006, c. 11, Sched. A, s. 39 (1). (2) Repealed: 2006, c. 32, Sched. B, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 9 - 01/01/2007

40 If the City permanently closes a highway, the City shall not convey the land forming the highway without the consent of the Ministry of Natural Resources if the land is covered with water. 2006, c. 11, Sched. A, s. 40.

41 (1) The City does not have the power to designate, operate or maintain a highway as a toll highway. 2025, c. 10, Sched. 2, s. 1. Same (2) For greater certainty, the limit on the powers of the City set out in subsection (1) applies regardless of the City’s purpose for designating, operating or maintaining a highway as a toll highway, including for the purpose of easing congestion on such highway. 2025, c. 10, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 10, Sched. 2, s. 1 - 05/06/2025

42 (1) The City shall keep a highway or bridge over which it has jurisdiction in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge. 2006, c. 11, Sched. A, s. 42 (1). Liability (2) If the City defaults in complying with subsection (1), the City is, subject to the Negligence Act, liable for all damages any person sustains because of the default. 2006, c. 11, Sched. A, s. 42 (2). Defence (3) Despite subsection (2), the City is not liable for failing to keep a highway or bridge in a reasonable state of repair if, (a) the City did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge; (b) the City took reasonable steps to prevent the default from arising; or (c) at the time the cause of action arose, minimum standards established by a regulation made under sec…

43 Subsections 42 (4) to (10) apply to an action brought against the City for damages that result from the presence of any nuisance on a highway. 2006, c. 11, Sched. A, s. 43.

44 The City may name or change the name of a private road after giving public notice of its intention to pass the by-law. 2006, c. 11, Sched. A, s. 44.

45 (1) The City shall not establish a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act. 2006, c. 11, Sched. A, s. 45. Power to pass by-laws not affected (2) Subsection (1) does not limit or prohibit the passing of a by-law under Part X (Power to Impose Taxes); however, such a by-law cannot prohibit or regulate the driving of a vehicle on a highway and, for greater certainty, it cannot establish a requirement that must be met before a vehicle can be driven on a highway. 2009, c. 33, Sched. 21, s. 4 (1). Same (3) A by-law under Part X (Power to Impose Taxes) is deemed not to contravene subsection (2) by reason only of the Province taking any action on behalf of the City with respect to the administration, enforcement or collection of the tax imposed by the by-law. 2009, c. 33, Sched. 21,…

46 (1) Subject to subsection (2), the City does not have the power to pass a by-law to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the City. 2006, c. 11, Sched. A, s. 46 (1). Limitation (2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle. 2006, c. 11, Sched. A, s. 46 (2).

47 Despite section 15, the City may, at any reasonable time, enter upon any land within the City or within an adjoining municipality and lying along any highway under its jurisdiction, including land owned by the Crown in right of Ontario, for the purpose of erecting and maintaining a snow fence. 2006, c. 11, Sched. A, s. 47. Section Amendments with date in force (d/m/y) CTS 6 FE 25 - 1

48 (1) The City may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. 2006, c. 11, Sched. A, s. 48 (1). Private roads (2) If the City has passed a by-law under section 44 to name or change the name of a private road, the City may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road. 2006, c. 11, Sched. A, s. 48 (2).

49 (1) The City may, at any reasonable time, enter upon land lying along any of its highways, (a) to inspect trees and conduct tests on trees; and (b) to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the City, the trees or branches pose a danger to the health or safety of any person using the highway. 2006, c. 11, Sched. A, s. 49 (1). Immediate danger (2) An employee or an agent of the City may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway. 2006, c. 11, Sched. A, s. 49 (2).

50 (1) The City may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the City is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land. 2006, c. 11, Sched. A, s. 50 (1). Order (2) Upon application by the City under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix, (a) requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or (b) authorizing the City to enter upon the land, …

51 (1) If the City passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law. 2006, c. 11, Sched. A, s. 51 (1). Exception (2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the City. 2006, c. 11, Sched. A, s. 51 (2). Entry on land (3) The City may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1). 2006, c. 11, Sched. A, s. 51 (3). Sale of impounded object, etc. (4) Despite subsection (1), if the rem…

51.1 (1) If the City passes a by-law for leasing the untravelled portion of a highway to the owner or occupant of land abutting the highway, amounts payable pursuant to the lease may be added to the tax roll and collected in the same manner as municipal taxes. 2006, c. 32, Sched. B, s. 10. Exception (2) Subsection (1) does not apply to an amount payable if it is a fee or charge to which section 264 applies. 2006, c. 32, Sched. B, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 10 - 01/01/2007

52 (1) If, before January 1, 2003, the City by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway is deemed to have been expropriated by the City and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land. 2006, c. 11, Sched. A, s. 52 (1). Compensation (2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated. 2006, c. 11, Sched. A, s. 52 (2).

53 (1) If, before January 1, 2003, a highway was opened by the City on land in the place of all or part of an original road allowance and compensation was not paid for the land, the owner of the land appropriated for the highway or the successor in title to the owner is entitled to the following: 1. If that person owns the land abutting on the allowance, the owner is entitled to the soil and freehold of the original road allowance and to a conveyance of the original road allowance. 2. If that person does not own the land abutting on the allowance and if the allowance is sold by the City, the owner is entitled to the part of the purchase price that bears the same proportion to the whole purchase price as the value of the part of the land occupied by the highway that belonged to the owner bears to the value of the land occupied by the highway. 2006, c. 11, Sched. A, s. 53 (1). Multiple own…

54 (1) If, before January 1, 2003, a person in possession of an original road allowance or a predecessor in title of that person opened a highway in the place of the original road allowance on that person’s land without receiving compensation for the land and the person is in possession of all or part of the original road allowance, that person is entitled to the soil and freehold of the allowance or part of it and to a conveyance of the original road allowance or part of it. 2006, c. 11, Sched. A, s. 54 (1). Multiple persons in possession (2) If more than one person is in possession of the road allowance, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance. 2006, c. 11, Sched. A, s. 54 (2). Condition (3) This section only applies if the highway has been established by city by-law or ot…

55 (1) If, on December 12, 2001, a person was in possession of part of an original road allowance abutting the person’s land and that part was enclosed with a lawful fence, that person is deemed, as against every person except the City, to have legal possession of that part of the road allowance until a by-law is passed assuming the road allowance for public use or requiring the person to remove the fence. 2006, c. 11, Sched. A, s. 55 (1). Limitation (2) Subsection (1) only applies if the part of the original road allowance has not been assumed for public use because another road is being used in its place or if another road parallel or near to it was established in its place. 2006, c. 11, Sched. A, s. 55 (2).

Transportation

56 (1) This section applies to passenger transportation systems other than the following: 1. Vehicles used for sightseeing tours. 2. Vehicles exclusively chartered to transport a group of persons for a specific trip within the municipality for a group fee. 3. Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, and private school. 4. Buses owned and operated by a corporation or organization solely for its own purposes without charging a fee for transportation. 5. Taxicabs. 6. Railway systems of railway companies incorporated under federal or provincial statutes. 2006, c. 11, Sched. A, s. 56 (1). Same (2) The City may, (a) by by-law provide that no person except the City shall establish, operate and maintain within the City all or any part of a passenger transportation system of a type that the City is authorized to prov…

57 Despite this Act, the City may establish, operate and maintain a ferry service providing access to the Toronto Islands and a bus transportation system on the Toronto Islands. 2006, c. 11, Sched. A, s. 57.

58 The whole of Steeles Avenue where it is the boundary of the City is deemed to be part of the City for the purposes of the City or the TTC exercising powers with respect to a passenger transportation system. 2020, c. 34, Sched. 23, s. 5 (2). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 23, s. 5 (2) - 01/07/2021

59 Despite section 15, the City may exercise its powers with respect to a bus passenger transportation system and a ferry transportation system in the City and between any point within the City and any point outside the City, including outside Ontario, if the City does so for its own purposes in whole or in part. 2006, c. 11, Sched. A, s. 59; 2006, c. 32, Sched. B, s. 11; 2020, c. 34, Sched. 23, s. 5 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 11 - 01/01/2007 2020, c. 34, Sched. 23, s. 5 (3) - 01/07/2021

59.1 Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers in relation to airports within the City, in another municipality or in unorganized territory. 2006, c. 32, Sched. B, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 12 - 01/01/2007

Waste Management

60 Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers with respect to waste management in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 60.

61 (1) For the purpose of obtaining information that the City considers necessary for the City to meet the requirements of or to obtain an approval under any Act relating to the planning, establishment, operation, management, alteration or improvement of a waste disposal site or any other waste management facility, the City may, at reasonable times, enter on and inspect any land, including conducting tests of the land and removing samples or extracts. 2006, c. 11, Sched. A, s. 61 (1). Restriction (2) Subsection (1) does not allow the City to enter any building. 2006, c. 11, Sched. A, s. 61 (2).

Public Utilities

62 (1) For the purposes of providing a water public utility, the City may, at any reasonable time, subject to section 15 and despite section 32, enter on highways in or outside of the City to install, construct and maintain pipes and other works for the distribution of water without the consent of the body which owns the highway. 2006, c. 11, Sched. A, s. 62 (1). Entry on highways (2) For the purposes of providing a public utility, other than a water public utility, the City may, at any reasonable time, despite section 32, enter on highways in the City to install, construct and maintain pipes, wires, poles, equipment, machinery and other works without the consent of the body which owns the highway. 2006, c. 11, Sched. A, s. 62 (2). Powers not restricted (3) Nothing in this section prevents a body that owns a highway from regulating the activities described in subsections (1) and (2) on i…

63 (1) If the City has the consent of an owner or occupant to connect a public utility to a part of a building and other parts of the building belong to different owners or are in the possession of different occupants, the City may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection. 2006, c. 11, Sched. A, s. 63 (1). Entry on common passages (2) If the City has the consent of an owner or occupant to connect a public utility to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the City may, at reasonable times, without consent, enter the common passage and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection. 2006, c. 11, …

64 (1) The City may, at reasonable times, enter on land to which it supplies a public utility, (a) to inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; or (b) to inspect, install, repair, replace or alter a public utility meter. 2006, c. 11, Sched. A, s. 64 (1). Reduced supply (2) For the purposes of subsection (1), the City may shut off or reduce the supply of the public utility to the land. 2006, c. 11, Sched. A, s. 64 (2). Entry on land, discontinuance of utility (3) If a customer discontinues the use of a public utility on land or the City lawfully decides to cease supplying the public utility to land, the City may enter on the land, (a) to shut off the supply of the public utility; (b) to remove any property of the City; or (c) to determine whether the public utility has been or is being unlawfully …

65 (1) Without limiting sections 7 and 8, those sections authorize the City to shut off the supply of a public utility by the City to land if fees or charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue. 2006, c. 11, Sched. A, s. 65 (1). Additional power (2) In addition to the power under subsection (1), the City may shut off the supply of water to land if fees or charges payable by the owners or occupants of the land in respect of a sewage system are overdue and the fees or charges are based on the fees payable for the supply of water to the land. 2006, c. 11, Sched. A, s. 65 (2). Notice (3) Despite subsections (1) and (2), the City shall provide reasonable notice of the proposed shut-off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place. 2…

66 (1) The City is not liable for damages caused by the interruption or reduction of the amount of a public utility supplied to the City or to the land of any person as a result of an emergency or a breakdown, repair or extension of its public utility if, in the circumstances, reasonable notice of its intention to interrupt or reduce the supply is given. 2006, c. 11, Sched. A, s. 66 (1). Allocation (2) If the supply of a public utility to the City is interrupted or reduced, the City may allocate the available public utility among its customers. 2006, c. 11, Sched. A, s. 66 (2). Effect (3) Nothing done under subsection (2) is deemed to be a breach of contract, to entitle any person to rescind a contract or to release a guarantor from the performance of the guarantor’s obligation. 2006, c. 11, Sched. A, s. 66 (3).

67 Without limiting sections 7 and 8, those sections authorize the City, as a condition of supplying or continuing to supply a public utility, to require reasonable security be given for the payment of fees and charges for the supply of the public utility or for extending the public utility to land. 2006, c. 11, Sched. A, s. 67.

68 Personal property of the City which is used for or in connection with the supply of a public utility to land is exempt from seizure, (a) against the owner or occupant of the land under the Execution Act; and (b) against a person with a leasehold interest in the land for overdue rent. 2006, c. 11, Sched. A, s. 68.

69 (1) Despite section 15, the City shall supply a building with a water or sewage public utility if, (a) the building lies along a supply line of the City for the public utility; (b) in the case of a water public utility, there is a sufficient supply of water for the building; (c) in the case of a sewage public utility, there is sufficient capacity for handling sewage from the building; and (d) the owner, occupant or other person in charge of the building requests the supply in writing. 2006, c. 11, Sched. A, s. 69 (1). Exception (2) Subsection (1) does not apply if the supply of the public utility to a building or to the land on which the building is located would contravene an official plan under the Planning Act that applies to the building, land or public utility. 2006, c. 11, Sched. A, s. 69 (2).

69.1 (1) Without limiting sections 7 and 8, the City may, by by-law, adopt a policy providing for the allocation of water supply and sewage capacity, which may include the following: 1. A system for tracking the water supply and sewage capacity available to support approved developments. 2. The criteria used to determine, i. the circumstances for when allocation of water supply and sewage capacity is assigned to an approved development, ii. the circumstances for when the allocation of water supply and sewage capacity is withdrawn, and iii. the circumstances for when an approved development, after having its allocation of water supply and sewage capacity withdrawn, may be reallocated water supply and sewage capacity. 2024, c. 16, Sched. 4, s. 1. Same (2) A by-law described in subsection (1) may provide that the policy set out in the by-law applies to the entire City or applies differently…

70 The City may enter on land, at reasonable times, to inspect the discharge of any matter into the sewage system of the City or into any other sewage system the contents of which ultimately empty into the sewage system of the City and may conduct tests and take samples for this purpose. 2006, c. 11, Sched. A, s. 70.

71 (1) Despite section 3 of the Assessment Act, land that is exempt from taxation under that Act is not exempt from a special local municipality levy of the City under section 277 for raising costs related to sewage works or water works. 2006, c. 11, Sched. A, s. 71 (1). Exemption by City (2) Despite subsection (1), the City may exempt any class of land from all or part of the levy described in that subsection. 2006, c. 11, Sched. A, s. 71 (2). New parcels of land (3) Despite any Act, if new parcels of land are created from existing parcels of land in respect of which the City has imposed a tax or fee to raise costs related to sewage works or water works, the City may impose the tax or fee on each new parcel. 2006, c. 11, Sched. A, s. 71 (3). Easements, public utilities

72 (1) In this section, “public utility” includes a street lighting system and a transportation system. 2006, c. 11, Sched. A, s. 72 (1). Easement (2) An easement of a public utility provided by the City does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid. 2006, c. 11, Sched. A, s. 72 (2). Restriction (3) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a city public utility constructed on land before June 21, 1990 with the consent or acquiescence of the owner of the land. 2006, c. 11, Sched. A, s. 72 (3). Interference with utilities (4) No person shall interfere with a part of the city public utility for which there is no city public utility easement unless, (a) the City consents; or (b) the interference is authorized by a court order under this section. 2006, c. 11, Sched. A, s. 72 (4). Co…

73 (1) Except as otherwise provided, no person shall construct, maintain or operate a water or sewage public utility in the City without first obtaining the consent of the City. 2006, c. 11, Sched. A, s. 73 (1). Terms (2) A consent under this section may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon. 2006, c. 11, Sched. A, s. 73 (2).

Culture, Parks, Recreation and Heritage

74 Despite section 15, the City may, if one of the purposes for so acting is for its own purposes, exercise its powers with respect to culture, parks, recreation and heritage in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 74.

74.1 (1) Subject to subsection (2), this section applies if a by-law of the City has been passed for prohibiting the parking, standing, stopping or placing in a park under the jurisdiction of the City of any object or vehicle that is used to sell or display anything and that obstructs pedestrians, unless, (a) the owner of the object or vehicle holds a valid permit issued by the City granting the exclusive use of a designated area within the park; and (b) the by-law or another by-law of the City has designated the park or the area of the park as a removal zone. 2006, c. 32, Sched. B, s. 13. Signs required (2) A by-law under subsection (1) is not effective in respect of a particular removal zone unless signs are erected to indicate the removal zone. 2006, c. 32, Sched. B, s. 13. Enforcement (3) A police officer or municipal by-law enforcement officer or any person authorized by by-law to e…

Drainage and Flood Control

75 Despite section 15, the City may, for the purpose of preventing damage to property in the City as a result of flooding, exercise its powers with respect to drainage and flood control in the City, in another municipality or in unorganized territory. 2006, c. 11, Sched. A, s. 75.

76 The City may enter on land, at reasonable times, to inspect the discharge of any matter into a land drainage system of any person and may conduct tests and remove samples for this purpose. 2006, c. 11, Sched. A, s. 76.

Parking