Town of Haldimand Act, 1999

Bills that amended this Act0

No published amendment links yet for this Act.

Sections135

• [s0]

  Interpretation

• 1.
• [s1]
• 1Interpretation

  1 (1) In this Act, “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”) “divided municipality” means either The Regional Municipality of Haldimand-Norfolk or the City of Nanticoke as they exist on December 31, 2000; (“municipalité démembrée”) “local board” means a public utility commission, municipal service board, transportation commission, public library board, board of park management, board of health, police services 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 town, but does not include, Note: On a day to be named by proclamati…

• [s2]

  The Town

• 2.
• Section Amendments with date in force (d/m/y)
• 2Incorporation

  2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name “Town of Haldimand” in English and “ville de Haldimand” in French. 1999, c. 14, Sched. B, s. 2 (1). Status (2) The body corporate has the status of a city and a local municipality for all purposes. 1999, c. 14, Sched. B, 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 (3) Repealed: 2002, c. 17, Sched.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 six wards as established by regulation. 1999, c. 14, Sched. B, s. 3.

• 4.
• 4Town council

  4 (1) The town council is composed of the mayor, elected by general vote, and six other members, elected in accordance with subsection (2). 1999, c. 14, Sched. B, s. 4 (1). Same (2) One member of the council shall be elected for each ward. 1999, c. 14, Sched. B, 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. B, s. 4 (3).

• 5.
• 5Dissolution of old municipalities

  5 (1) The old municipalities are dissolved on January 1, 2001. 1999, c. 14, Sched. B, s. 5 (1). Rights and duties (2) The town stands in the place of the old municipalities for all purposes. 1999, c. 14, Sched. B, s. 5 (2). Same (3) Without limiting the generality of subsection (2), (a) the town has every power and duty of an old municipality or a divided 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 obligations, become assets and liabilities of the town on January 1, 2001, without compensation. 1999, c. 14, Sched. B, s. 5 (3). Exception, emergency powers (4) Until the town council elected in t…

• 6.
• [s7]
• 6Dissolution of divided municipalities

  6 (1) The Regional Municipality of Haldimand-Norfolk and the City of Nanticoke are dissolved on January 1, 2001. 1999, c. 14, Sched. B, s. 6 (1). Rights and duties (2) On January 1, 2001, the town stands in the place of the divided municipalities with respect to matters that are within the town’s jurisdiction. 1999, c. 14, Sched. B, s. 6 (2). Same (3) Without limiting the generality of subsection (2), (a) the town has every power and duty of a divided 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 divided municipalities on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of t…

• [s8]

  Local Boards

• 7.
• 7Police services board

  7 (1) On January 1, 2001, the Regional Municipality of Haldimand-Norfolk Police Services Board is continued under the name “Haldimand and Norfolk Police Services Board” in English and “Commission des services policiers de Haldimand et Norfolk” in French. 1999, c. 14, Sched. B, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (1) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 60 (2)) Police service board (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 Haldimand and Norfolk Police Services Board is continued under the name “Haldimand and Norfolk Police Service Board” in English and “Commission de service de police de Haldimand et Norfolk” in French. 2019, c. 1, Sched. 4, s. 60 (2). Same (2) T…

• 8.
• 8Public library board

  8 (1) On January 1, 2001, a library board for the town is established under the name “Haldimand Public Library Board” in English and “Conseil des bibliothèques publiques de Haldimand” in French. 1999, c. 14, Sched. B, s. 8 (1). Status (2) The Haldimand Public Library Board shall be deemed to be a public library board established under the Public Libraries Act. 1999, c. 14, Sched. B, s. 8 (2). Dissolution of old boards (3) The public library boards of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001. 1999, c. 14, Sched. B, s. 8 (3). Exception, emergency powers (4) Until the members of the Haldimand Public Library Board first take office after December 31, 2000, each public library board of an old municipality or the City of Nanticoke continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the munici…

• 9.
• 10.
• 9Public utility commissions

  9 (1) The public utility commissions of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001. 1999, c. 14, Sched. B, s. 9 (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 town on January 1, 2001, without compensation. 1999, c. 14, Sched. B, s. 9 (2). Same, divided municipality (3) All the assets and liabilities of the public utility commission of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on Janua…

• 10Other local boards

  10 (1) This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions. 1999, c. 14, Sched. B, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (1) of the Act is amended by striking out “police services boards” and substituting “police service boards”. (See: 2019, c. 1, Sched. 4, s. 60 (3)) Local boards continued (2) The local boards of the old municipalities on December 31, 2000 are continued as local boards of the town on January 1, 2001. 1999, c. 14, Sched. B, s. 10 (2). Same, divided municipalities (3) Each of the local boards of the divided municipalities on December 31, 2000 is continued as two separate local boards of the town and of the Town of Norfolk, respectively, on January 1, 2001. 1999, c. 14, Sched. B, s. 10 (3). Same (4) Each of the two separate local …

• 11.
• [s13]
• 11Employees of old local boards

  11 (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 town or of one of its local boards on January 1, 2001. 1999, c. 14, Sched. B, s. 11 (1). Same (2) A person who is an employee of a local board of a divided 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 town, the Town of Norfolk or of a local board of one of them on January 1, 2001. 1999, c. 14, Sched. B, s. 11 (2). Same (3) A person’s employment with a local board of an old municipality or a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1) or (2). 1999, c. 14, Sched. B, s. 11 (3).

• [s14]

  Powers of the Town

• 12.
• 12Powers re board of health

  12 (1) The town is the board of health for the Haldimand-Norfolk Health Unit, if the transition board designates it as the board of health on or before the prescribed date. 1999, c. 14, Sched. B, s. 12 (1). Same (2) If the transition board does not designate a board of health for the Haldimand-Norfolk Health Unit on or before the prescribed date under subsection (1), the town is the board of health for the unit if the Minister of Health and Long-Term Care designates it as such by a regulation made under this subsection. 1999, c. 14, Sched. B, s. 12 (2). Same (3) If the town is designated as the board of health for the Haldimand-Norfolk Health Unit, the town has the powers, rights and duties of a board of health under the Health Protection and Promotion Act. 1999, c. 14, Sched. B, s. 12 (3).

• 13.
• 13Management of landfill site

  13 Jointly with the Town of Norfolk, the town shall operate and maintain the Tom Howe landfill site referred to in subsection 6 (6), unless they agree otherwise. 1999, c. 14, Sched. B, s. 13.

• 13.1Repealed

  13.1 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• 13.2Powers re: supported group living residences

  13.2 (1) The town 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. 18. 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. 33; 2017, c. 20, Sched. 8, s. 137. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1) - 01/01/2001 2001, c. 13, s. 33 - 30/11/2001 2008, c. 14, s. 61 - 01/01/2011 2009, c. 33, Sched. 8…

• 13.3Powers re parks, etc.

  13.3 (1) The town 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. 2 (1). Exercise of powers (2) For the purposes described in subsection (1), the town 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. 2 (1) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• 13.4Land owned by conservation authorities

  13.4 (1) This section applies to land that is vested in a conservation authority and that is managed and controlled by the town under an agreement between the town and the conservation authority. 2000, c. 5, s. 2 (1). Parks, etc. (2) The town 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. 2 (1); 2002, c. 17, Sched. F, Table. Roads and traffic (3) The town 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. 2 (1); 2006, c. 32, Sch…

• 13.5Sale of liquor in parks

  13.5 (1) The town may authorize a person to sell liquor, as defined in the Liquor Licence and Control Act, 2019, in parks in the municipal area that belonged to The Regional Municipality of Haldimand-Norfolk on December 31, 2000 and may impose such conditions as it considers appropriate. 2000, c. 5, s. 2 (1); 2019, c. 15, Sched. 22, s. 104 (1). Restriction (2) The power of the town is subject to the Liquor Licence and Control Act, 2019. 2000, c. 5, s. 2 (1); 2019, c. 15, Sched. 22, s. 104 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1) - 01/01/2001 2019, c. 15, Sched. 22, s. 104 (1, 2) - 29/11/2021

• 13.6Waste management

  13.6 (1) No person (including a municipality or a 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 Haldimand-Norfolk under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the town, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon. 2000, c. 5, s. 2 (1); 2002, c. 17, Sched. F, Table. Exception (2) Despite subsection (1), the consent of the town 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. 2 (1). Same (3) Despite subsection (1), the consent of the town is not required if the service or facility is being …

• 13.7Fluoridation of water

  13.7 (1) On and after January 1, 2001, the town may continue to fluoridate the water supply of those areas of the town to which fluoridated water was being supplied on December 31, 2000. 2000, c. 5, s. 2 (1). Agreements (2) The town 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. 2 (1); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1) - 01/01/2001 2002, c. 17, Sched. F, Table - 01/01/2003

• [s24]
• 13.8Other powers

  13.8 The Lieutenant Governor in Council may, by regulation, authorize the town 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. 2 (1). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (1) - 01/01/2001

• [s25]

  Financial Matters

• 14.
• Section Amendments with date in force (d/m/y) #25
• 14Allocation of certain shared costs

  14 (1) The following costs shall be allocated in the prescribed manner between the town and the Town of Norfolk: 1. The costs of operating and maintaining the Tom Howe landfill site referred to in subsection 6 (6). 2. The costs of the Haldimand and Norfolk Police Services Board payable under the agreement referred to in subsection 7 (4). 1999, c. 14, Sched. B, s. 14 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 14 (1) of the Act is amended by striking out “Haldimand and Norfolk Police Services Board” and substituting “Haldimand and Norfolk Police Service Board”. (See: 2019, c. 1, Sched. 4, s. 60 (4)) Payment (2) The town shall pay the costs described in subsection (1) that are allocated to it. 1999, c. 14, Sched. B, s. 14 (2). Determination of amounts (3) The amount of the costs or expenses to be allocated between the town and the T…

• 15.
• 15By-law re special services

  15 (1) Subject to the restrictions set out in this section, the town may do the following things by by-law: 1. Identify a special service. 2. Determine the amount of the town’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 town 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 town. 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…

• 16.
• 16Adjustments, general local municipality levy

  16 (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. B, s. 16 (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, (a) in the case of a merged area comprised of an old municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards; and (b) in the case of a merged area comprised of part of a divided municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards that are allocated to the town under section 34. 1999, c. 14, Sched. B, s. 16 (2). Decrease in tax rates (3) Subject to the restrictions set out in this section, the town may, by by-law, decrease the tax rates that would otherwise apply on th…

• 17.Fees or charges re: sewage

  17. The town 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. B, s. 17; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 18.Levies for various services

  18. (1) The town 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. B, s. 18 (1); 2002, c. 17, Sched. F, Table. Same (2) For the purposes of subsection (1), the town may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the town considers relevant. 1999, c. 14, Sched. B, s. 1…

• 19.
• 19Area taxing power

  19 (1) In this section, “area taxing power” means a power under section 15 or 18 of this Act or under any other provision of an Act, regulation or order that authorizes the town to raise costs related to services by imposing taxes on less than all the rateable property in the town. 1999, c. 14, Sched. B, s. 19 (1). Duty (2) The town 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. B, s. 19 (2). Same (3) A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year. 1999, c. 14, Sched. B, s. 19 (3). Effect on by-laws (4) A by-law of the town 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…

• 19.1Borrowing limit for 2001

  19.1 For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the town for 2000 is the sum of, (a) the estimated revenues of the old municipalities as shown in the estimates adopted for 2000; and (b) the estimated revenues of each of the divided municipalities as shown in the estimates adopted for 2000, multiplied by the percentage that is prescribed for each municipality. 2000, c. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (2) - 01/01/2001

• 19.2Surplus or operating deficit for 2001

  19.2 For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the town for 2001 or the operating deficit to be provided for by the town for 2001, as the case may be, shall be determined as follows: 1. Subtract the total of the audited operating deficits of the old municipalities as of December 31, 2000 from the total of the audited surpluses of the old municipalities as of December 31, 2000. 2. For each divided municipality, multiply the audited operating deficit or audited surplus, as the case may be, as of December 31, 2000 by the percentage prescribed for each municipality. 3. Add the results obtained for each divided municipality under paragraph 2 to get a total amount for all divided municipalities. 4. Add the total amounts obtained under paragraphs 1 and 3. 2000, c. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, …

• 19.3Payment of damages to employees

  19.3 (1) If the town 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. 2 (2). Same (2) Subsection (1) also applies in respect of members of a municipal police force and persons deemed to be town employees for the purposes of the Workplace Safety and Insurance Act, 1997. 2000, c. 5, s. 2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19.3 (2) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 60 (5)) Conditions (3) The town may impose conditions on the payment. 2000, c. 5, s. 2 (2). Application (4) Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise. 2000, c. 5, s. 2 (2). Section A…

• 20.
• [s35]
• 20Expenses of the transition board in 2001

  20 (1) The town shall pay that portion of the expenses of the transition board for 2001 that is specified by the transition board, and shall make payments in the amounts and at the times specified by the transition board. 1999, c. 14, Sched. B, s. 20 (1). Same (2) The transition board shall give the town council an estimate of its expenses and the council shall include in the town’s operating budget for 2001 the portion of the expenses that the town is required to pay. 1999, c. 14, Sched. B, s. 20 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21. 1999, c. 14, Sched. B, s. 20 (3).

• [s36]

  Transition Board

• 21.
• 21Transition board

  21 (1) A transition board shall be established by a regulation made under this section. 1999, c. 14, Sched. B, s. 21 (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. B, s. 21 (2). Chair (3) The Minister may designate a member of the board as its chair. 1999, c. 14, Sched. B, s. 21 (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. B, s. 21 (4). Function (5) The primary function of the transition board is to facilitate the transition from the old municipalities, the divided municipalities and their local boards to the town, the Town of Norfolk and their local boards, (a) by controlling the decisions of the old municipalities, divided m…

• 22.
• 22Panels of the transition board

  22 (1) The transition board may be divided into such panels as may be prescribed. 1999, c. 14, Sched. B, s. 22 (1). Duties (2) For the purposes of this Act and the Town of Norfolk Act, 1999, each panel has such duties as may be prescribed, with respect to such matters as may be specified that arise out of the dissolution of the old municipalities, the divided municipalities and their local boards and the incorporation of the town and of the Town of Norfolk. 1999, c. 14, Sched. B, s. 22 (2). Powers (3) A panel may exercise any of the powers of the transition board for the purpose of performing the panel’s duties. 1999, c. 14, Sched. B, s. 22 (3). Restriction on transition board (4) The transition board is not authorized to exercise any of its powers in connection with the matters specified in a regulation made under subsection (2), to the extent that a panel has duties with respect to the…

• 23.
• 23Power re board of health

  23 (1) The transition board may designate either the town or the Town of Norfolk as the board of health for the Haldimand-Norfolk Health Unit, if it makes the designation on or before the prescribed date. 1999, c. 14, Sched. B, s. 23 (1). Notice (2) The transition board shall give the Minister of Health and Long-Term Care notice of a designation made under subsection (1). 1999, c. 14, Sched. B, s. 23 (2).

• 24.
• 24Recommended designation re day nurseries

  24 (1) The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 2.2 (1) of the Day Nurseries Act for the geographic area of the town and the Town of Norfolk, if it makes the recommendation on or before the prescribed date. 1999, c. 14, Sched. B, s. 24 (1). Deemed designation (2) On January 1, 2001, the geographic area of the town and the Town of Norfolk shall be deemed to have been designated as a geographic area under section 2.1 of the Day Nurseries Act. 1999, c. 14, Sched. B, s. 24 (2). Recommended designation (3) The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 38 (1) of the Ontario Works Act, 1997 for the geographic area of the town and the Town…

• 25.
• 25Power re employees of divided municipalities, etc.

  25 (1) The transition board shall determine whether an employee of a divided municipality or of a local board of a divided municipality is, on January 1, 2001, either, (a) an employee of the town or one of its local boards; or (b) an employee of the Town of Norfolk or one of its local boards. 1999, c. 14, Sched. B, s. 25 (1). Same (2) The transition board cannot specify under subsection (1) that the employee is employed by the town itself, by the Town of Norfolk itself, or by a particular local board of either town. 1999, c. 14, Sched. B, s. 25 (2). Same (3) A person’s employment with a divided municipality or a local board of a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1). 1999, c. 14, Sched. B, s. 25 (3).

• 26.
• 26Power re certain employment contracts

  26 (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. B, s. 26 (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. B, s. 26 (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. B, s. 26 (3). Definition (4) In this section, “compensation” includes severance…

• 27.
• 27Power to hire certain town employees

  27 (1) The transition board shall establish the key elements of the town’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 town. 1999, c. 14, Sched. B, s. 27 (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 town 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 town beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the emp…

• 28.
• 28Powers re information, etc.

  28 (1) The transition board has the following powers to obtain information, records and documents from an old municipality, a divided municipality and a local board of either of them: 1. To require the old municipality, divided municipality or local board to submit a report to the transition board, i. identifying the assets and liabilities of the old municipality, divided municipality or local board, or specified categories of those assets and liabilities, and ii. naming the members and employees of the old municipality, divided municipality or local board and stating their position, terms of employment, remuneration and employment benefits. 2. To require the old municipality or divided 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 or divided municipality and that exist when th…

• 29.
• 29Duty to co-operate, etc.

  29 (1) The members of the council of each old municipality and divided municipality, the employees and agents of either and the members, employees and agents of each local board of either 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, divided municipality or local board, as the case may be, that is relevant to the functions of the transition board. 1999, c. 14, Sched. B, s. 29 (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. …

• 30.
• 30Duties re personal information

  30 (1) A person who obtains information under subsection 28 (1) or section 29 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. B, s. 30 (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, a divided municipality or a local board of either; (b) anything done or proposed to be done in connection with the finances of an old municipality, a divided municipality or a local board of either by a member of the council of the municipality or local board or by an employee or agent of the municipality or local board. 1999, c. 14, Sched. B, s. 30 (2). Offence (3) A person who…

• 31.
• 31Protection from personal liability

  31 (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. B, s. 31 (1). Same (2) Subsection (1) also applies in respect of an employee or agent of an old municipality, a divided municipality or a local board of either who acts under the direction of, (a) the transition board or a member of it; (b) the council of the old municipality or divided municipality; or (c) the local board. 1999, c. 14, Sched. B, s. 31 (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 sub…

• 32.
• [s48]
• 32Dissolution of the transition board

  32 (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. B, s. 32 (1). Assets and liabilities (2) All the assets and liabilities of the transition board immediately before it is dissolved that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town, when the transition board is dissolved, without compensation. 1999, c. 14, Sched. B, s. 32 (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 town council when the transition board is dissolved and remains in force, in respect of the part of the munici…

• [s49]

  Allocation Committees

• 33.
• 33Allocation committees

  33 (1) One or more allocation committees may be established by the Minister, on or before December 1, 2000. 1999, c. 14, Sched. B, s. 33 (1). Same (2) The Minister shall specify the classes of assets and liabilities to be allocated by each committee. 1999, c. 14, Sched. B, s. 33 (2). Purpose (3) The purpose of the committee is to allocate such assets and liabilities of a divided municipality or any of its local boards or of the transition board as are specified under subsection (2) between the town and the Town of Norfolk, or between the local boards of either of them. 1999, c. 14, Sched. B, s. 33 (3). Basis for making allocation (4) The committee may allocate the assets and liabilities of a divided municipality or any of its local boards or of the transition board on the following basis: 1. The committee shall consider whether an asset or liability primarily pertains to, or is used prim…

• 34.
• [s51]
• 34The allocation process

  34 (1) Before December 31, 2000, each allocation committee shall make a preliminary allocation of the assets and liabilities that are to be allocated by it, to the extent that the committee knows about them, and may provide for financial adjustments between the affected entities. 1999, c. 14, Sched. B, s. 34 (1). Effective date, preliminary allocation (2) A preliminary allocation takes effect on January 1, 2001. 1999, c. 14, Sched. B, s. 34 (2). Final allocation (3) Before October 31, 2001, each committee shall make a final allocation of the assets and liabilities and may provide for financial adjustments between the affected entities. 1999, c. 14, Sched. B, s. 34 (3). Same, effective date (4) Subject to subsection (11), a final allocation takes effect as of January 1, 2001, and the assets and liabilities become the assets and liabilities of the entity specified by the committee in the d…

• [s52]

  Powers and Duties of Old Municipalities and Divided Municipalities

• 35.
• 35Regulations re powers and duties

  35 (1) The Minister may make regulations providing that an old municipality, a divided municipality or a local board of either, (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. B, s. 35 (1). Same (2) A regulation under subsection (1) may be general or specific in its application. 1999, c. 14, Sched. B, s. 35 (2). Same (3) The following rules apply with respect to regulations und…

• 36.
• [s54]
• 36Expenses of the transition board in 2000

  36 (1) The Regional Municipality of Haldimand-Norfolk 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. B, s. 36 (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. B, s. 36 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21. 1999, c. 14, Sched. B, s. 36 (3).

• [s55]

  Collective Bargaining before January 1, 2001

• 37.
• 37Collective bargaining, old municipalities

  37 (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. B, s. 37 (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. B, s. 37 (2). …

• 38.
• 38Alterations to bargaining units

  38 (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 town as if it had been made by the town. 1999, c. 14, Sched. B, s. 38 (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. B, s. 38 (2). Restrictions (3) If an agreement is made, during the period beginning 10 days after it is executed and end…

• 39.
• 39Appropriate bargaining units

  39 (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 town’s operations. 1999, c. 14, Sched. B, s. 39 (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 town as if the application had been made by the town, and is binding even if the order is not made until after December 31, 2000. 1999, c. 14, Sched. B, s. 39 (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…

• 40.
• 40Administration and enforcement

  40 (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 38 (9) and applications under subsection 39 (1). 1999, c. 14, Sched. B, s. 40 (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. B, s. 40 (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. B, s. 40 (3).

• 41.
• 41Collective bargaining, divided municipalities

  41 Sections 37 to 40 apply, with necessary modifications, with respect to divided municipalities. 1999, c. 14, Sched. B, s. 41.

• 42.
• 42Collective bargaining, old local boards

  42 Sections 37 to 40 apply, with necessary modifications, with respect to the local boards of old municipalities or of divided municipalities. 1999, c. 14, Sched. B, s. 42.

• [s62]
• 42.1Interpretation

  42.1 Nothing in sections 37 to 42 prevents a collective agreement between the town and a bargaining agent that is made after the town 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. 2 (3). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (3) - 08/06/2000

• [s63]

  The Regular Election in 2000

• 43.
• Section Amendments with date in force (d/m/y) #63
• 43Terms extended

  43 (1) The following persons, if in office on November 30, 2000, shall continue in office until the first council of the town is organized: 1. The members of the councils of the old municipalities and of the divided municipalities. 2. The members of the local boards of the old municipalities and of the divided municipalities. 1999, c. 14, Sched. B, s. 43 (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. B, s. 43 (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 (4), 6 (7) and 8 (4). 2000, c. 5, s. 2 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (4) - 08/06/2000

• 44.
• [s65]
• 44Rules for the regular election

  44 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, 6 and 9 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 divided municipalities and the clerk of the town, 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 town council shall make those decisions once the council is organized. 5. The costs of the election in the municipal area that are payable in 2000 shall be included in the operating budget of The Regional Muni…

• [s66]

  General

• 45.
• 45Enforcement

  45 (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. B, s. 45 (1). Same (2) Subsection (1) is additional to, and does not replace, any other available means of enforcement. 1999, c. 14, Sched. B, s. 45 (2).

• 46.
• 46Regulations

  46 (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. B, s. 46 (2). Examples (3) A regulation under clause (2) (c) may provide, for example, (a) that the town may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restri…

• 47.
• 47Conflicts

  47 (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. B, s. 47 (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. B, s. 47 (2).

• 48.
• [s70]
• 48

  48 Omitted (provides for coming into force of provisions of this Act). 1999, c. 14, Sched. B, s. 48.

• 49.
• [s71]
• 49

  49 Omitted (enacts short title of this Act). 1999, c. 14, Sched. B, s. 49.

• [s72]

  Schedule A THE MUNICIPAL AREA (Definition of “municipal area” in section 1) All of that part of the City of Nanticoke as it exists on December 31, 2000, that lies to the east of a line described as follows: Description: BEGINNING at the intersection of the centreline of Regional Road 74 with the southwesterly limit of the County of Brant; THENCE southerly along the centreline of Regional Road 74 to its intersection with the prolongation of the centreline of the road allowance between Concessions 11 and 12 of the geographic Township of Townsend; THENCE westerly to and along the centreline of the road allowance to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 12 of the geographic Township of Townsend; THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 12 and 13 of the geographic Township of Townsend, to the dividing l…