City of Hamilton Act, 1999

Bills that amended this Act0

No published amendment links yet for this Act.

Sections117

• [s0]

  Interpretation

• 1.
• [s1]
• 1Definitions

  1 In this Act, “city” means the City of Hamilton incorporated by this Act; (“cité”) “collective agreement” means, (a) a collective agreement within the meaning of the Labour Relations Act, 1995, (b) a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or (c) an agreement under Part VIII of the Police Services Act; (“convention collective”) “local board” means a public utility commission, municipal service board, transportation commission, public library board, board of park management, board of health, police service board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the city, but does not include, (a) the transition board, (b) a children’s aid society, (c) a conservation authority, or (d) a school board; (“conseil local”) “merged area” means …

• [s2]

  The City

• 2.
• 2Incorporation

  2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name “City of Hamilton” in English and “cité de Hamilton” in French. 1999, c. 14, Sched. C, s. 2 (1). Status (2) The body corporate is a city and a local municipality for all purposes. 1999, c. 14, Sched. C, s. 2 (2). (3) Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 3.
• 3Wards

  3 The municipal area is divided into 15 wards as established by regulation. 1999, c. 14, Sched. C, s. 3; 2000, c. 5, s. 3 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (2) - 01/01/2001

• 4.
• 4City council

  4 (1) The city council is composed of the mayor, elected by general vote, and 15 other members, elected in accordance with subsection (2). 1999, c. 14, Sched. C, s. 4 (1); 2000, c. 5, s. 3 (3). Same (2) One member of the council shall be elected for each ward. 1999, c. 14, Sched. C, s. 4 (2). Transition, first council (3) The following special rules apply to the members of the council elected in the 2000 regular election: 1. Despite section 6 of the Municipal Elections Act, 1996, the members’ terms of office begin on January 1, 2001. 2. Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001. 1999, c. 14, Sched. C, s. 4 (3). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (3) - 01/01/2001

• 5.
• [s6]
• 5Dissolution of old municipalities

  5 (1) The following municipalities are dissolved on January 1, 2001: 1. The Regional Municipality of Hamilton-Wentworth. 2. The City of Hamilton. 3. The Town of Dundas. 4. The City of Stoney Creek. 5. The Town of Ancaster. 6. The Town of Flamborough. 7. The Township of Glanbrook. 1999, c. 14, Sched. C, s. 5 (1). Rights and duties (2) The city stands in the place of the old municipalities for all purposes. 1999, c. 14, Sched. C, s. 5 (2). Same (3) Without limiting the generality of subsection (2), (a) the city has every power and duty of an old municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and (b) all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and oblig…

• [s7]

  Local Boards

• 6.
• 6Police service board

  6 (1) On the day subsection 31 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, the Hamilton Police Services Board is continued under the name “Hamilton Police Service Board” in English and “Commission de service de police de Hamilton” in French. 2019, c. 1, Sched. 4, s. 8 (2). Same (2) The Hamilton Police Service Board is the police service board of the city. 2019, c. 1, Sched. 4, s. 8 (2). Size of the board (3) On January 1, 2001, the city shall be deemed to have applied for, and the Lieutenant Governor in Council to have approved, an application under subsection 27 (9) of the Police Services Act to increase the size of the Hamilton Police Services Board to seven members. 1999, c. 14, Sched. C, s. 6 (3). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 9 (2) - no effect - see 2019,…

• 7.
• 7Public library board

  7 (1) On January 1, 2001, a library board for the city is established under the name “Hamilton Public Library Board” in English and “Conseil des bibliothèques publiques de Hamilton” in French. 1999, c. 14, Sched. C, s. 7 (1). Status (2) The Hamilton Public Library Board shall be deemed to be a public library board established under the Public Libraries Act. 1999, c. 14, Sched. C, s. 7 (2). Dissolution of old boards (3) The public library boards of the old municipalities are dissolved on January 1, 2001. 1999, c. 14, Sched. C, s. 7 (3). Exception, emergency powers (4) Until the members of the Hamilton Public Library Board first take office after December 31, 2000, each public library board of an old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies. 1999, c. 14, Sched. C, s. 7 (4). Assets and liabilities (5) All the as…

• 8.
• 8Public utility commissions

  8 (1) The public utility commissions of the old municipalities are dissolved on January 1, 2001. 1999, c. 14, Sched. C, s. 8 (1). Assets and liabilities (2) All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation. 1999, c. 14, Sched. C, s. 8 (2).

• 9.
• 10.
• 9Other local boards

  9 (1) This section does not apply with respect to police service boards, boards of health, public library boards and public utility commissions. 1999, c. 14, Sched. C, s. 9 (1); 2019, c. 1, Sched. 4, s. 8 (3). Local boards continued (2) The local boards of the old municipalities on December 31, 2000 are continued as local boards of the city on January 1, 2001. 1999, c. 14, Sched. C, s. 9 (2). Merging (3) The city may merge two or more local boards continued by subsection (2) into a new local board. 1999, c. 14, Sched. C, s. 9 (3). Effect on by-laws, etc. (4) When two or more local boards (the “predecessor boards”) are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place, and it remains in force, in respect of the part o…

• [s12]
• 10Employees of old local boards

  10 (1) A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the city or one of its local boards on January 1, 2001. 1999, c. 14, Sched. C, s. 10 (1). Same (2) A person’s employment with a local board of an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1). 1999, c. 14, Sched. C, s. 10 (2).

• [s13]

  Board of Health Board of health 11 (1) The board of health for the city is established and it is deemed to be a board of health established under the Health Protection and Promotion Act. 2025, c. 7, Sched. 1, s. 1. Composition (2) The city shall, by by-law, establish the board’s size in accordance with subsection 49 (2) of the Health Protection and Promotion Act. 2025, c. 7, Sched. 1, s. 1. Appointment (3) Despite subsections 49 (1) and (3) of the Health Protection and Promotion Act, all of the members of the board shall be appointed by the city. 2025, c. 7, Sched. 1, s. 1. Area of jurisdiction (4) The board’s area of jurisdiction is the city. 2025, c. 7, Sched. 1, s. 1. Duty of the city (5) Despite the Health Protection and Promotion Act, the city shall provide to the board the public health employees that the city considers necessary to enable the board to carry out its functions, and …

• 11.
• 11Powers of a board of health
• 11.1Repealed

  11.1 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• [s15]

  Powers of the City

• 11.2Powers re: supported group living residences

  11.2 (1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence. 2009, c. 33, Sched. 8, s. 8. Same (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which the Not-for-Profit Corporations Act, 2010 applies; or (b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 7; 2017, c. 20, Sched. 8, s. 71. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2001, c. 13, s. 7 - 30/11/2001 2008, c. 14, s. 47 - 01/01/2011 2009, c. 33, Sched. 8, s.…

• 11.3Powers re parks, etc.

  11.3 (1) The city may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them. 2000, c. 5, s. 3 (4). Exercise of powers (2) For the purposes described in subsection (1), the city may exercise any of its powers in respect of culture, parks, recreation and heritage matters under the Municipal Act, 2001. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• 11.4Land owned by conservation authorities

  11.4 (1) This section applies to land that is vested in a conservation authority and that is managed and controlled by the city under an agreement between the city and the conservation authority. 2000, c. 5, s. 3 (4). Parks, etc. (2) The city may establish, lay out, improve and maintain public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives on the land, and it may exercise any of its powers in respect of culture, parks, recreation and heritage matters under the Municipal Act, 2001. 2000, c. 5, s. 3 (4); 2002, c. 17, Sched. F, Table. Roads and traffic (3) The city may lay out, construct and maintain roads on the land, regulate traffic on the roads, subject to the Highway Traffic Act, and prescribe the rate of speed for motor vehicles driven on those roads, in accordance with section 128 of the Highway Traffic Act. 2000, c. 5, s. 3 (4); 2006, c. 32, Sch…

• 11.5Sale of liquor in parks

  11.5 (1) The city may authorize a person to sell liquor, as defined in the Liquor Licence and Control Act, 2019, in parks that belonged to The Regional Municipality of Hamilton-Wentworth on December 31, 2000 and may impose such conditions as the city considers appropriate. 2000, c. 5, s. 3 (4); 2019, c. 15, Sched. 22, s. 88 (1). Restriction (2) The power of the city is subject to the Liquor Licence and Control Act, 2019. 2000, c. 5, s. 3 (4); 2019, c. 15, Sched. 22, s. 88 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2019, c. 15, Sched. 22, s. 88 (1, 2) - 29/11/2021

• 11.6Power to exempt shops

  11.6 (1) Upon the application of the occupier of a shop, the city may exempt the shop from any provision of a by-law passed under section 148 of the Municipal Act, 2001 on the days and for the special occasions specified in the by-law. 2000, c. 5, s. 3 (4); 2002, c. 17, Sched. F, Table. Restriction (2) The city cannot exempt a shop for more than two periods in any calendar year, and each such period cannot exceed two consecutive days. 2000, c. 5, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• 11.7Waste management

  11.7 (1) No person, municipality or local board shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Hamilton-Wentworth under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the city, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon. 2000, c. 5, s. 3 (4); 2002, c. 17, Sched. F, Table. Exception (2) Despite subsection (1), the consent of the city is not required to provide services and facilities for the collection or removal of waste from non-residential properties and from residential properties containing more than five dwelling units. 2000, c. 5, s. 3 (4). Same (3) Despite subsection (1), the consent of the city is not required if the service or facility is being lawfully provi…

• 11.8Fluoridation of water

  11.8 (1) On and after January 1, 2001, the city may continue to fluoridate the water supply of those areas of the city to which fluoridated water was being supplied on December 31, 2000. 2000, c. 5, s. 3 (4). Agreements (2) The city may enter into agreements with an adjoining municipality in respect of the supply and distribution of water in the municipal area including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof. 2000, c. 5, s. 3 (4); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• 11.9The Hamilton Street Railway Company, etc.

  11.9 (1) The city is authorized to hold shares in The Hamilton Street Railway Company and in Safety Service and Adjusters Limited and to exercise the rights associated with those shares. 2000, c. 5, s. 3 (4). Duty to manage (2) The city shall manage the affairs of both corporations. 2000, c. 5, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001

• [s24]
• 11.10Other powers

  11.10 The Lieutenant Governor in Council may, by regulation, authorize the city to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act. 2000, c. 5, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001

• [s25]

  Passenger Transportation System

• 11.11Operation of a passenger transportation system

  11.11 (1) The city may establish, operate and maintain a passenger transportation system within the city, and between any point in the city and any point outside the city including any point outside Ontario. 2000, c. 5, s. 3 (4); 2020, c. 34, Sched. 23, s. 3 (1). Agreements (2) For the purpose of subsection (1), the city may enter into agreements with any person (including a municipality), including agreements in respect of connecting or reciprocal passenger transportation systems, and the use of facilities, personnel or equipment. 2000, c. 5, s. 3 (4); 2002, c. 17, Sched. F, Table. Fares (3) The city may establish appropriate fares for the use of the passenger transportation system. 2000, c. 5, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (4) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2020, c. 34, Sched. 23, s. 3 (1) - 01/07/2021

• [s27]
• 11.12Restriction re operators

  11.12 (1) The city may, by by-law, provide that no person shall operate a passenger transportation system in the city, or in an area of the city designated in the by-law, unless the person is authorized to do so under this section or by the city. 2000, c. 5, s. 3 (4). Exceptions (2) Subsection (1) does not apply with respect to the following types of passenger transportation systems: 1. Vehicles and marine vessels used for sightseeing tours. 2. Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, a private school or a charitable organization. 3. Railways operated by railway companies incorporated under a federal or provincial Act. 4. Ferries. 5. Aviation systems. 6. The regional transit system as defined in section 1 of the Metrolinx Act, 2006. 2000, c. 5, s. 3 (4); 2001, c. 23, Sched. A, s. 36; 2006, c. 16, s. 48; 2009…

• [s28]

  Financial Matters

• 12.
• 2020
• 12By-law re special services

  12 (1) Subject to the restrictions set out in this section, the city may do the following things by by-law: 1. Identify a special service. 2. Determine the amount of the city’s costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service. 3. Subject to a regulation made under subsection (5), designate one or more merged areas of the city as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the city. 4. Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination. 5. Determine t…

• 13.
• 13Adjustments, general local municipality levy

  13 (1) This section applies with respect to the tax rates levied to raise the general local municipality levy under section 312 of the Municipal Act, 2001. 1999, c. 14, Sched. C, s. 13 (1); 2002, c. 17, Sched. F, Table. Interpretation (2) A reference in this section to the assets or liabilities of a merged area is a reference to the assets or liabilities on December 31, 2000 of the old municipality that comprises the merged area and of its local boards. 1999, c. 14, Sched. C, s. 13 (2). Decrease in tax rates (3) Subject to the restrictions set out in this section, the city may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area, (a) if the city council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and (b) if the amount of taxes l…

• 14.
• 14Recovery of costs re: collection and disposal of sewage

  14 The city may pass by-laws under Part XII of the Municipal Act, 2001 for imposing fees or charges to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage. 1999, c. 14, Sched. C, s. 14; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 15.
• 15Levies for various services

  15 (1) The city may establish one or more municipal service areas and levy one or more special local municipality levies under section 312 of the Municipal Act, 2001 in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services: 1. The supply and distribution of water. 2. Fire protection and prevention. 3. Public transportation, other than highways. 4. Street lighting. 5. The collection and disposal of sewage. 1999, c. 14, Sched. C, s. 15 (1); 2002, c. 17, Sched. F, Table. Same (2) For the purposes of subsection (1), the city may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the city considers relevant. 1999, c. 14, Sched. C, s. 15…

• 16.
• 16Area taxing power

  16 (1) In this section, “area taxing power” means a power under section 12 or 15 of this Act or under any other provision of an Act, regulation or order that authorizes the city to raise costs related to services by imposing taxes on less than all the rateable property in the city. 1999, c. 14, Sched. C, s. 16 (1). Duty (2) The city shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner. 1999, c. 14, Sched. C, s. 16 (2). Same (3) A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year. 1999, c. 14, Sched. C, s. 16 (3). Effect on by-laws (4) A by-law of the city passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with…

• 16.1Borrowing limit for 2001

  16.1 For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the city for 2000 is the sum of the estimated revenues of the old municipalities as shown in the estimates adopted for 2000. 2000, c. 5, s. 3 (5). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (5) - 01/01/2001

• 16.2Surplus or operating deficit for 2001

  16.2 For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the city for 2001 or the operating deficit to be provided for by the city for 2001, as the case may be, shall be determined by taking the total of the audited surpluses of the old municipalities as of December 31, 2000 and subtracting the total of the audited operating deficits of the old municipalities as of December 31, 2000. 2000, c. 5, s. 3 (5). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (5) - 01/01/2001

• 16.3Payment of damages to employees

  16.3 (1) If the city recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants. 2000, c. 5, s. 3 (5). Same (2) Subsection (1) also applies in respect of members of the Hamilton Police Service and persons deemed to be city employees for the purposes of the Workplace Safety and Insurance Act, 1997. 2000, c. 5, s. 3 (5); 2019, c. 1, Sched. 4, s. 8 (4). Conditions (3) The city may impose conditions on the payment. 2000, c. 5, s. 3 (5). Application (4) Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise. 2000, c. 5, s. 3 (5). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (5) - 01/01/2001 2018, c. 3, Sched. 5, s. 9 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s…

• 17.
• [s37]
• 17Expenses of the transition board in 2001

  17 (1) The city shall pay the expenses of the transition board for 2001, in the amounts and at the times specified by the transition board. 1999, c. 14, Sched. C, s. 17 (1). Same (2) The transition board shall give the city council an estimate of its expenses and the council shall include them in the city’s operating budget for 2001. 1999, c. 14, Sched. C, s. 17 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18. 1999, c. 14, Sched. C, s. 17 (3).

• [s38]

  Transition Board

• 18.
• 18Transition board

  18 (1) A transition board shall be established by a regulation made under this section. 1999, c. 14, Sched. C, s. 18 (1). Same (2) The transition board is a corporation without share capital and is composed of such persons as the Minister may appoint, including non-voting members. 1999, c. 14, Sched. C, s. 18 (2). Chair (3) The Minister may designate a member of the board as its chair. 1999, c. 14, Sched. C, s. 18 (3). Remuneration (4) The members of the board are entitled to be paid the remuneration and expenses authorized by a regulation made under this section. 1999, c. 14, Sched. C, s. 18 (4). Function (5) The primary function of the transition board is to facilitate the transition from the old municipalities and their local boards to the city and its local boards, (a) by controlling the decisions of the old municipalities and their local boards that could have significant financial …

• 19.
• 19Power re certain employment contracts

  19 (1) In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank. 1999, c. 14, Sched. C, s. 19 (1). Same (2) The contract must be one of the following: 1. A contract entered into after October 8, 1999, containing a provision described in subsection (3). 2. A contract amended after October 8, 1999 to include a provision described in subsection (3). 1999, c. 14, Sched. C, s. 19 (2). Provision (3) The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations. 1999, c. 14, Sched. C, s. 19 (3). Definition (4) In this section, “compensation” includes severance…

• 20.
• 20Power to hire certain city employees

  20 (1) The transition board shall establish the key elements of the city’s organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the city. 1999, c. 14, Sched. C, s. 20 (1). Same (2) When the transition board hires a person under subsection (1), the following rules apply: 1. The transition board has the authority to negotiate the terms of the employment contract with the person. 2. The city is bound by the employment contract. 3. The employment contract may take effect on or before January 1, 2001. 4. If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the city beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the emp…

• 21.
• 21Powers re information, etc.

  21 (1) The transition board has the following powers to obtain information, records and documents from an old municipality and a local board of an old municipality: 1. To require the old municipality or local board to submit a report to the transition board, i. identifying the assets and liabilities of the old municipality or local board, or specified categories of those assets and liabilities, and ii. naming the members and employees of the old municipality or local board and stating their position, terms of employment, remuneration and employment benefits. 2. To require the old municipality to submit a report to the transition board listing the entities, including local boards, i. that were established by or for the old municipality and that exist when the report is made, or ii. that received funding from the old municipality in 1999. 3. To require the old municipality to submit a repo…

• 22.
• 22Duty to co-operate, etc.

  22 (1) The members of the council of each old municipality, the employees and agents of the old municipality, and the members, employees and agents of each local board of an old municipality shall, (a) co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and (b) on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality or local board, as the case may be, that is relevant to the functions of the transition board. 1999, c. 14, Sched. C, s. 22 (1). Conflict (2) This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. 1999, c. 14, Sched.…

• 23.
• 23Duties re personal information

  23 (1) A person who obtains information under subsection 21 (1) or section 22 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act. 1999, c. 14, Sched. C, s. 23 (1). Same (2) Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to, (a) a financial transaction or proposed financial transaction of an old municipality or a local board of an old municipality; (b) anything done or proposed to be done in connection with the finances of an old municipality or a local board of an old municipality by a member of the council of the old municipality or local board or by an employee or agent of the old municipality or local board. 1999, c. 14, Sched. C, s. 23 (2). Offence (3) A person who wilfully fail…

• 24.
• 24Protection from personal liability

  24 (1) No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties. 1999, c. 14, Sched. C, s. 24 (1). Same (2) Subsection (1) also applies in respect of an employee or agent of an old municipality or a local board of an old municipality who acts under the direction of, (a) the transition board or a member of it; (b) the council of the old municipality; or (c) the local board. 1999, c. 14, Sched. C, s. 24 (2). Vicarious liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which…

• 25.
• [s46]
• 25Dissolution of the transition board

  25 (1) The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify. 1999, c. 14, Sched. C, s. 25 (1). Assets and liabilities (2) All the assets and liabilities of the transition board immediately before it is dissolved, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city, when the transition board is dissolved, without compensation. 1999, c. 14, Sched. C, s. 25 (2). By-laws and resolutions (3) Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the city council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before …

• [s47]

  Powers and Duties of the Old Municipalities

• 26.
• 26Regulations re powers and duties

  26 (1) The Minister may make regulations providing that an old municipality or a local board of an old municipality, (a) shall not exercise a specified power under a particular Act; (b) shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation; (c) shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation; (d) shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act. 1999, c. 14, Sched. C, s. 26 (1). Same (2) A regulation under subsection (1) may be general or specific in its application. 1999, c. 14, Sched. C, s. 26 (2). Same (3) The following rules apply with respect to regulations under subsecti…

• 27.
• [s49]
• 27Expenses of the transition board in 2000

  27 (1) The Regional Municipality of Hamilton-Wentworth shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board. 1999, c. 14, Sched. C, s. 27 (1). Same (2) The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000. 1999, c. 14, Sched. C, s. 27 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18. 1999, c. 14, Sched. C, s. 27 (3).

• [s50]

  Collective Bargaining before January 1, 2001

• 28.
• 28Collective bargaining, old municipalities

  28 (1) The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees. 1999, c. 14, Sched. C, s. 28 (1). Expired agreements (2) If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications. 1999, c. 14, Sched. C, s. 28 (2). …

• 29.
• 29Alterations to bargaining units

  29 (1) Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997, the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the city as if it had been made by the city. 1999, c. 14, Sched. C, s. 29 (1). Agreement re change in bargaining units (2) The agreement does not come into effect until the later of, (a) the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and (b) January 1, 2001. 1999, c. 14, Sched. C, s. 29 (2). Restrictions (3) If an agreement is made, during the period beginning 10 days after it is executed and end…

• 30.
• 30Appropriate bargaining units

  30 (1) Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997, the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board’s opinion, are likely to be appropriate for the city’s operations. 1999, c. 14, Sched. C, s. 30 (1). Order (2) An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the city as if the application had been made by the city, and is binding even if the order is not made until after December 31, 2000. 1999, c. 14, Sched. C, s. 30 (2). Same (3) An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001. 1999, c. 14, Sc…

• 31.
• 31Administration and enforcement

  31 (1) Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 29 (9) and applications under subsection 30 (1). 1999, c. 14, Sched. C, s. 31 (1). Rules to expedite proceedings (2) Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1). 1999, c. 14, Sched. C, s. 31 (2). Same (3) Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2). 1999, c. 14, Sched. C, s. 31 (3).

• 32.
• 32Collective bargaining, old local boards

  32 Sections 28 to 31 apply, with necessary modifications, with respect to local boards of the old municipalities. 1999, c. 14, Sched. C, s. 32.

• [s56]
• 32.1Interpretation

  32.1 Nothing in sections 28 to 32 prevents a collective agreement between the city and a bargaining agent that is made after the city or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement. 2000, c. 5, s. 3 (6). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (6) - 08/06/2000

• [s57]

  Regular Election in 2000

• 33.
• 33Terms extended

  33 (1) The following persons, if in office on November 30, 2000, shall continue in office until the first council of the city is organized: 1. The members of the councils of the old municipalities. 2. The members of the local boards of the old municipalities. 1999, c. 14, Sched. C, s. 33 (1). Same (2) Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996. 1999, c. 14, Sched. C, s. 33 (2). Limitation (3) Despite subsection (1), after December 31, 2000 the powers of persons continued in office are limited to the powers described in subsections 5 (5) and 7 (4). 2000, c. 5, s. 3 (7). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 3 (7) - 08/06/2000

• 34.
• [s59]
• 34Rules for the regular election

  34 The following rules apply to the regular election in 2000 in the municipal area: 1. The election shall be conducted as if sections 2, 3, 4, 5 and 8 were already in force. 2. The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996. 3. The clerks of the old municipalities and the clerk of the city, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction. 4. The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The city council shall make those decisions once the council is organized. 5. The costs of the election that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Hamilton-Wentworth for 2000. The regional mu…

• [s60]

  General

• 35.
• 35Enforcement

  35 (1) The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act. 1999, c. 14, Sched. C, s. 35 (1). Same (2) Subsection (1) is additional to, and does not replace, any other available means of enforcement. 1999, c. 14, Sched. C, s. 35 (2).

• 36.
• 36Regulations

  36 (1) Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Same, Minister (2) The Minister may make regulations, (a) prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act; (b) defining any word or expression used in this Act that is not expressly defined in this Act; (c) providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act; (d) establishing wards for the purposes of section 3. 1999, c. 14, Sched. C, s. 36 (2). Examples (3) A regulation under clause (2) (c) may provide, for example, (a) that the city may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restri…

• 37.
• 37Conflicts

  37 (1) This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails. 1999, c. 14, Sched. C, s. 37 (1). Same (2) In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails. 1999, c. 14, Sched. C, s. 37 (2).

• 38.
• 38

  38 Omitted (provides for coming into force of provisions of this Act). 1999, c. 14, Sched. C, s. 38.

• 39.
• 39

  39 Omitted (enacts short title of this Act). 1999, c. 14, Sched. C, s. 39. ______________