Town of Norfolk Act, 1999

Bills that amended this Act0

No published amendment links yet for this Act.

Sections114

• [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.
• 2Incorporation

  2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name “Town of Norfolk” in English and “ville de Norfolk” in French. 1999, c. 14, Sched. D, 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. D, 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 (3) Repealed: 2002, c. 17, Sched.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 seven wards as established by regulation. 1999, c. 14, Sched. D, s. 3.

• 4.
• 4Town council

  4 (1) The town council is composed of the mayor, elected by general vote, and eight other members, elected in accordance with subsection (2). 1999, c. 14, Sched. D, s. 4 (1). Same (2) Two members of council shall be elected for the ward that includes the former Town of Simcoe and one member of the council shall be elected for each of the other wards. 1999, c. 14, Sched. D, 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. D, s. 4 (3).

• 5.
• 5Dissolution of old municipalities

  5 (1) The Township of Norfolk, the Township of Delhi and the Town of Simcoe are dissolved on January 1, 2001. 1999, c. 14, Sched. D, s. 5 (1). Rights and duties (2) The town stands in the place of the old municipalities for all purposes. 1999, c. 14, Sched. D, 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. D, s. 5 (3). Exception, emergency…

• 6.
• [s7]
• 6Transfers upon dissolution of divided municipalities

  6 (1) 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. D, s. 6 (1). Same (2) Without limiting the generality of subsection (1), (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 of the Town of Haldimand Act, 1999, 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. D, s. 6 (2). Exception, emergency powers (3) Until the to…

• [s8]

  Local Boards

• 7.
• 7Police services board

  7 Section 7 of the Town of Haldimand Act, 1999 applies with respect to the police services board of the town on and after January 1, 2001. 1999, c. 14, Sched. D, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 61 (2)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 63 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 61 (2) - not in force

• 8.
• 8Public library board

  8 (1) On January 1, 2001, a library board for the town is established under the name “Norfolk Public Library Board” in English and “Conseil des bibliothèques publiques de Norfolk” in French. 1999, c. 14, Sched. D, s. 8 (1). Status (2) The Norfolk Public Library Board shall be deemed to be a public library board established under the Public Libraries Act. 1999, c. 14, Sched. D, s. 8 (2). Emergency powers (3) Until the members of the Norfolk 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 municipal area. 1999, c. 14, Sched. D, s. 8 (3). Assets and liabilities (4) All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all right…

• 9.
• 10.
• 9Public utility commissions

  9 (1) The public utility commissions of the old municipalities are dissolved on January 1, 2001. 1999, c. 14, Sched. D, 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. D, 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 of the Town of Haldimand Act, 1999, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on…

• 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. D, 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. 61 (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. D, s. 10 (2). Merging (3) The town may merge two or more local boards that are continued as local boards of the town by subsection (2) of this section or by subsection 10 (3) of the Town of Haldimand Act, 1999 into a new local board. 1999, c. 14, Sched. D, s. 10 (3). Effect on by-laws, etc. (4) When two or more …

• 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. D, s. 11 (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. D, s. 11 (2).

• [s14]

  Powers of the Town

• 12.
• 12Powers re board of health

  12 (1) On January 1, 2001, the geographic area of the town and of the Town of Haldimand shall be deemed to have been designated as a health unit under clause 96 (5) (a) of the Health Protection and Promotion Act, under the name “Haldimand-Norfolk Health Unit” in English and “circonscription sanitaire de Haldimand-Norfolk” in French. 1999, c. 14, Sched. D, s. 12 (1). Same (2) The name of the health unit shall be deemed to have been prescribed under clause 96 (5) (b) of the Health Protection and Promotion Act. 1999, c. 14, Sched. D, s. 12 (2). Designation as board of health (3) The town is the board of health for the health unit, if the transition board designates it as the board of health on or before the prescribed date. 1999, c. 14, Sched. D, s. 12 (3). Same (4) If the transition board does not designate a board of health for the health unit on or before the prescribed date under subsec…

• 13.
• 13Management of landfill site

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

• 13.1Repealed

  13.1 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

• 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. 19. 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. 34; 2017, c. 20, Sched. 8, s. 138. Section Amendments with date in force (d/m/y) 2001, c. 13, s. 34 - 30/11/2001 2008, c. 14, s. 62 - 01/01/2011 2009, c. 33, Sched. 8, s. 19 - 01/01/2011 2017, c. 20, …

• 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. 4 (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. 4 (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. 4 (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. 4 (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. 4 (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. 4 (1); 2019, c. 15, Sched. 22, s. 105 (1). Restriction (2) The power of the town is subject to the Liquor Licence and Control Act, 2019. 2000, c. 5, s. 4 (1); 2019, c. 15, Sched. 22, s. 105 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (1) - 01/01/2001 2019, c. 15, Sched. 22, s. 105 (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. 4 (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. 4 (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. 4 (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. 4 (1); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (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. 4 (1). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (1) - 01/01/2001

• [s25]

  Financial Matters

• 14.
• 14Allocation of certain shared costs

  14 The town shall pay the costs allocated to it under subsection 14 (1) of the Town of Haldimand Act, 1999. 1999, c. 14, Sched. D, s. 14.

• 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. D, 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 of the Town of Haldimand Act, 1999. 1999, c. 14, Sched. D, 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 rat…

• 17.
• 17Fees 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. D, 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.
• 18Levies 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. D, 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. D, s. 18…

• 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. D, 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. D, 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. D, 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 prescribed for each municipality. 2000, c. 5, s. 4 (2). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (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. 4 (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. 4 (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. 4 (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. 61 (4)) Conditions (3) The town may impose conditions on the payment. 2000, c. 5, s. 4 (2). Application (4) Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise. 2000, c. 5, s. 4 (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. D, 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. D, s. 20 (2). Same (3) The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21 of the Town of Haldimand Act, 1999. 1999, c. 14, Sched. D, s. 20 (3).

• [s36]

  Transition Board

• 21.
• 21Power re certain employment contracts

  21 (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. D, s. 21 (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. D, s. 21 (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. D, s. 21 (3). Definition (4) In this section, “compensation” includes severance…

• 22.
• 22Power to hire certain town employees

  22 (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. D, s. 22 (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…

• 23.
• 23Power re information, etc.

  23 (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…

• 24.
• 24Duty to co-operate, etc.

  24 (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. D, s. 24 (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. …

• 25.
• 25Duties re personal information

  25 (1) A person who obtains information under subsection 23 (1) or section 24 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. D, s. 25 (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. D, s. 25 (2). Offence (3) A person who…

• 26.
• 26Protection from personal liability

  26 (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. D, s. 26 (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. D, s. 26 (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…

• 27.
• [s43]
• 27Transfers upon dissolution of the transition board

  27 (1) All the assets and liabilities of the transition board immediately before it is dissolved that are allocated to the town under section 34 of the Town of Haldimand Act, 1999, 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. D, s. 27 (1). By-laws and resolutions (2) 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 municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise…

• [s44]

  Powers and Duties of Old Municipalities

• 28.
• [s45]
• 28Regulations re powers and duties

  28 (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 or the Town of Haldimand Act, 1999. 1999, c. 14, Sched. D, s. 28 (1). Same (2) A regulation under subsection (1) may be general or specific in its application. 1999, c. 14, Sched. D, s. 28 (2). Same (3) The following rules apply with re…

• [s46]

  Collective Bargaining before January 1, 2001

• 29.
• 29Collective bargaining, old municipalities

  29 (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. D, s. 29 (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. D, s. 29 (2). …

• 30.
• 30Alterations to bargaining units

  30 (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. D, s. 30 (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. D, s. 30 (2). Restrictions (3) If an agreement is made, during the period beginning 10 days after it is executed and end…

• 31.
• 31Appropriate bargaining units

  31 (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. D, s. 31 (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. D, s. 31 (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, Sch…

• 32.
• 32Administration and enforcement

  32 (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 30 (9) and applications under subsection 31 (1). 1999, c. 14, Sched. D, s. 32 (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. D, s. 32 (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. D, s. 32 (3).

• 33.
• 33Collective bargaining, old local boards

  33 Sections 29 to 32 apply, with necessary modifications, with respect to local boards of the old municipalities and of the divided municipalities. 1999, c. 14, Sched. D, s. 33.

• [s52]
• 33.1Interpretation

  33.1 Nothing in sections 29 to 33 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. 4 (3). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (3) - 08/06/2000

• [s53]

  The Regular Election in 2000

• 34.
• 34Terms extended

  34 (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. 2. The members of the local boards of the old municipalities. 1999, c. 14, Sched. D, s. 34 (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. D, s. 34 (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 (3) and 8 (3). 2000, c. 5, s. 4 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 4 (4) - 08/06/2000

• 35.
• [s55]
• 35Rules for the regular election

  35 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 9 of this Act and section 6 of the Town of Haldimand Act, 1999 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 shal…

• [s56]

  General

• 36.
• 36Enforcement

  36 (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. D, s. 36 (1). Same (2) Subsection (1) is additional to, and does not replace, any other available means of enforcement. 1999, c. 14, Sched. D, s. 36 (2).

• 37.
• 37Regulations

  37 (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. D, s. 37 (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…

• 38.
• 38Conflicts

  38 (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. D, s. 38 (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. D, s. 38 (2).

• 39.
• [s60]
• 39

  39 Omitted (provides for coming into force of provisions of this Act). 1999, c. 14, Sched. D, s. 39.

• 40.
• [s61]
• 40

  40 Omitted (enacts short title of this Act). 1999, c. 14, Sched. D, s. 40.

• [s62]

  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 west 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…