Shoreline Property Assistance Act

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Sections33

• 1Definitions

  1 In this Act, “building raising” means the raising of a building or structure required by reason of damage or potential damage to the building or structure; (“élévation d’un bâtiment”) “building relocation” means the relocation of a building or structure required by reason of damage or potential damage to the building or structure; (“déplacement d’un bâtiment”) “building repairs” means repairs to a building or structure required by reason of damage to the building or structure; (“réfection d’un bâtiment”) “damage” means damage caused by high water levels of or the impact of ice on a lake, river or other body of water or by damage to or erosion of the shore of a lake, river or body of water caused by the elements, and “potential damage” has a corresponding meaning; (“dommages”, “dommages éventuels”) “Minister” means the Minister of Municipal Affairs and Housing or such other member of th…

• 1.
• 2Building relocation

  2 A loan for building relocation may be made under this Act despite the fact that the building or structure is to be relocated on a parcel of land other than the one it was on at the time the application was made for the loan, (a) if at the time of the application and at the time money is advanced under the loan, the applicant is assessed as owner of both parcels; (b) if the declaration required by subsection 4 (3) or clause 13 (3) (a) sets out the particulars referred to in the relevant subsection for both parcels of land,

• 2.
• [s2]

  and, (c) the money lent shall be deemed to be lent in respect of the parcel on which the building or structure is situate after the relocation; (d) subsection 4 (4) applies with necessary modifications to both parcels of land where the land is in a municipality and clause 13 (3) (b) applies with necessary modifications to both parcels of land where the land is not in a municipality. R.S.O. 1990, c. S.10, s. 2. PART I LOANS IN MUNICIPALITIES

• 3.
• 3Borrowing by municipalities

  3 (1) The council of a municipality may pass by-laws in the prescribed form authorizing, (a) the borrowing of money from the Treasurer of Ontario for the purpose of lending the money for any or all of the construction of works, building raising, building relocation and building repairs; and (b) the issuing of debentures in the prescribed form by the municipality or by a district, metropolitan or regional municipality on its behalf. R.S.O. 1990, c. S.10, s. 3 (1); 1996, c. 32, s. 97. Registration of by-law (2) Forthwith after the passing of a by-law under subsection (1), the clerk of the municipality shall register a duplicate original or a copy of it, certified under his or her hand and the seal of the municipal corporation, in the land registry office for the registry division in which the municipality is situate or, if the municipality is partly within two or more registry divisions, i…

• 4.
• 4Application by owner for loan

  4 (1) An owner of land who is assessed as the owner thereof in a municipality or, where at any time after the return of the assessment roll and before the return of the assessment roll in the following year, the land is conveyed to some other person, such other person may make application to the council of the municipality in the prescribed form to borrow money for the purpose of, (a) constructing works on the land or, with the prior consent of the Crown, on Crown land immediately adjacent to the land; or (b) building raising, building relocation or building repairs on the land. R.S.O. 1990, c. S.10, s. 4 (1). Where works on Crown lands (2) Where the money is borrowed to construct works on Crown lands, it shall be deemed to be borrowed in respect of the land of the owner who borrowed the money. R.S.O. 1990, c. S.10, s. 4 (2). Statutory declaration of applicant (3) The application shall n…

• 5.
• 5Appointment and duties of inspector

  5 (1) The council of a municipality borrowing money under this Part shall have a competent inspector assess the need for the work, the type of work proposed and the compatability of the work with adjacent property. R.S.O. 1990, c. S.10, s. 5 (1). Idem (2) The inspector shall inspect the work and shall file with the clerk of the municipality an inspection and completion certificate in the prescribed form and no money shall be advanced by the municipality under the loan until the certificate has been filed. R.S.O. 1990, c. S.10, s. 5 (2). Payment for inspector’s services (3) The costs of the services of the inspector shall be charged against the work inspected and shall be paid out of the amount borrowed and deducted from the amount loaned under section 8. R.S.O. 1990, c. S.10, s. 5 (3).

• 6.
• 6Debentures may be issued after receipt of inspector’s certificate

  6 (1) After the receipt of the inspection and completion certificate, the council may issue a debenture payable to the Treasurer of Ontario with respect to the funds to be loaned by the municipality, and, in the case of a municipality within a regional municipality, the council may request the regional municipality to issue the debenture on its behalf. R.S.O. 1990, c. S.10, s. 6 (1); 2002, c. 17, Sched. F, Table. (2), (3) Repealed: 2002, c. 17, Sched. F, Table. Interest rates on debentures (4) The interest rates applicable to debentures, both before and after maturity, issued under this Act shall be determined from time to time by the Lieutenant Governor in Council. R.S.O. 1990, c. S.10, s. 6 (4). Term of debentures (5) The term of the debentures shall be for such period as is prescribed and the debentures shall provide that the principal outstanding and interest thereon shall be payable…

• 7.
• 7Purchase

  7 (1) The Treasurer of Ontario may purchase, acquire and hold debentures issued under the authority of this Act and pay therefor out of the Consolidated Revenue Fund. R.S.O. 1990, c. S.10, s. 7 (1). Limitation on amount of debentures (2) The aggregate principal amount of the outstanding debentures purchased by the Treasurer of Ontario under this Act shall not exceed $50,000,000 at any time. R.S.O. 1990, c. S.10, s. 7 (2).

• 8.
• 8Terms on which council shall lend money

  8 The council shall lend the money so borrowed under the authority of section 3 in sums of $100 or multiples thereof at a rate of interest equal to that set out in the debenture by which the funds are borrowed and the term of the loan shall be the same number of years as the term of the debenture. R.S.O. 1990, c. S.10, s. 8.

• 9.
• 10.
• 9Collection

  9 (1) The council shall impose by by-law in the prescribed form and, subject to section 12, shall levy and collect for the term of the loan, over and above all other rates, upon the land in respect of which the money is lent, a special equal annual rate sufficient to discharge within the term of the loan the principal and interest of the money lent, and the special rates imposed shall have priority lien status, as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added to the tax roll. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 60. Registration of by-law (2) Where the council of a municipality passes a by-law under subsection (1) imposing special equal annual rates on land, the clerk of the municipality shall forthwith register a copy of the by-law in the proper land registry office. R.S.O. 1990,…

• 10Repayment by municipality to Province

  10 (1) The annual payment on any debenture for principal and interest shall be remitted by the treasurer of the municipality or regional municipality to the Treasurer of Ontario on or before the due date. R.S.O. 1990, c. S.10, s. 10 (1); 2002, c. 17, Sched. F, Table. Interest when default in payment (2) In the event of default in any such payment, interest thereon shall accrue during the time of such default and the rate of such interest shall be determined from time to time by the Lieutenant Governor in Council. R.S.O. 1990, c. S.10, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 11.
• 11Sale of part of land with respect to which money lent

  11 (1) Where a part of a parcel of land in respect of which money has been lent under this Act is sold, the council of the municipality may apportion the special annual rate between the part sold and the part remaining. R.S.O. 1990, c. S.10, s. 11 (1). Notice (2) The clerk of the municipality shall give the owners of the parts into which the land is divided at least ten days notice in writing by registered mail of the time and place the council will make the apportionment. R.S.O. 1990, c. S.10, s. 11 (2). Apportionment of rate (3) The council in making the apportionment shall have regard to the effect of the works on each part into which the parcel of land is divided and such other matters as it considers appropriate, and the decision of the council with respect to the apportionment is final. R.S.O. 1990, c. S.10, s. 11 (3). Filing of order of apportionment (4) The order of apportionment…

• 12.
• 12Discharge of indebtedness by owner

  12 The owner of land in respect of which money has been borrowed under this Part may obtain a discharge of the indebtedness at any time by paying to the treasurer of the municipality the outstanding balance of the loan together with accrued interest. R.S.O. 1990, c. S.10, s. 12. PART II LOANS IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

• 13.
• 13Application by owner for loan

  13 (1) An owner of land in territory without municipal organization who is assessed as the owner thereof may make application to the Minister in the prescribed form to borrow money for the purpose of, (a) constructing works on the land or, with the prior consent of the Crown, on Crown land immediately adjacent to the land; or (b) building raising, building relocation or building repairs on the land. R.S.O. 1990, c. S.10, s. 13 (1). Where works on Crown land (2) Where the money is borrowed to construct works on Crown lands, it shall be deemed to be borrowed in respect of the land of the owner who borrowed the money. R.S.O. 1990, c. S.10, s. 13 (2). Statutory declaration of applicant (3) The application shall not be acted upon unless it is accompanied by, (a) a declaration of the applicant stating that the applicant is the actual owner of the land mentioned in the application, and that the…

• 14.
• 14Default

  14 (1) In the event of any default in the repayment of a loan made under this Part, (a) interest on the amount due shall accrue during the time of such default at the rate prescribed from time to time; and (b) in addition to any other remedy for the recovery thereof, should the default continue for a period of one year, the outstanding balance of the loan together with accrued interest and costs shall thereupon become due and payable. R.S.O. 1990, c. S.10, s. 14 (1). Debt owing the Crown (2) The amount lent under this Part is a debt due the Crown in right of Ontario from the owner of the land and any subsequent owner of the land and the outstanding balance of the loan, together with interest due and costs, may be recovered by an action in any court of competent jurisdiction against the owner or any subsequent owner. R.S.O. 1990, c. S.10, s. 14 (2). Special lien (3) the Crown in right of …

• 15.
• 15Appointment and duties of inspector

  15 (1) The Minister shall have a competent inspector assess the need for the work, the type of work proposed and the compatability of the work with adjacent property. R.S.O. 1990, c. S.10, s. 15 (1). Idem (2) The inspector shall inspect the work and shall file with the Minister an inspection and completion certificate in the prescribed form and no money shall be advanced under the loan until the certificate has been filed. R.S.O. 1990, c. S.10, s. 15 (2). Payment for inspector’s services (3) The costs of the services of the inspector may be charged against the work inspected and may be paid out of the amount borrowed and deducted from the amount loaned under section 13. R.S.O. 1990, c. S.10, s. 15 (3). PART III GENERAL

• 16.
• 16Regulations

  16 The Lieutenant Governor in Council may make regulations for the purposes of this Act, (a) prescribing forms and defining any word or expression not defined in this Act; (b) prescribing the maximum amount of loans that may be made under this Act; (c) prescribing the terms and conditions of prepayment for the purposes of subsection 6 (6); (d) determining the rate of interest for the purposes of subsection 6 (4), 10 (2), 13 (7) and 14 (1); (e) prescribing the term of the debentures that may be issued under this Act. R.S.O. 1990, c. S.10, s. 16. ______________