O. Reg. 953/93: GENERAL

County of Simcoe Act, 1993
Loi de 1993 sur le comté de Simcoe

ONTARIO REGULATION 953/93

Amended to: O. Reg. 415/03

GENERAL

Note: This Regulation was revoked on December 4, 2003. See: O. Reg. 415/03, s. 1.

This Regulation is made in English only.

PART I
URBAN SERVICES

1. (1) The following are identified as urban services for the Town of New Tecumseth:

1. Police services.

2. Water service for the supply and distribution of water.

3. Sewage service including the collection, transmission, treatment and disposal of sewage. O.Reg. 953/93, s. 1 (1).

(2) The following are identified as urban services for the Town of Innisfil:

1. Police services.

2. Sewage service including the collection, transmission, treatment and disposal of sewage.

3. Water service for the supply and distribution of water. O.Reg. 953/93, s. 1 (2).

(3) The following are identified as urban services for the Town of Bradford West Gwillimbury:

1. Police services.

2. Street lighting services.

3. Collection of garbage. O.Reg. 953/93, s. 1 (3).

2. (1) The costs of a local municipality related to an urban service for an urban service area established under this Regulation are the net expenditures of the local municipality for providing that urban service in that urban service area as determined under subsection (2). O.Reg. 953/93, s. 2 (1).

(2) The net expenditures are the total expenditures for,

(a) constructing, equipping, extending, enlarging, altering and replacing public works for the purpose of providing an urban service;

(b) managing, operating, repairing and maintaining an urban service;

(c) purchasing, leasing or otherwise acquiring any land, buildings and equipment used to provide an urban service;

(d) issuing and selling debentures to raise money for an urban service and any discount allowed to the purchase of them; and

(e) paying for any liability of a former municipality with respect to the urban service,

less all amounts received in respect of the urban service from any source including user charges, grants, gifts, subsidies, development charges and special recoveries.  O.Reg. 953/93, s. 2 (2).

3. Two urban service areas are established in the Town of New Tecumseth for police services consisting of,

(a) the area of the Town of Alliston as it existed on December 31, 1990; and

(b) the area of the Town of New Tecumseth excluding the area described in clause (a). O.Reg. 953/93, s. 3.

4. Three urban service areas are established in the Town of New Tecumseth for water service consisting of,

(a) the area of the Town of Alliston as it existed on December 31, 1990 and the area of the townships of Adjala, Tosorontio and Essa described in Schedule 1 under clause 2 (1) (a) of the Act;

(b) the area of the Village of Beeton as it existed on December 31, 1990; and

(c) the area of the Village of Tottenham as it existed on December 31, 1990. O.Reg. 953/93, s. 4.

5. Three urban service areas are established in the Town of New Tecumseth for sewage service consisting of,

(a) the area of the Town of Alliston as it existed on December 31, 1990 and the area of the townships of Adjala, Tosorontio and Essa described in Schedule 1 under clause 2 (1) (a) of the Act;

(b) the area of the Village of Beeton as it existed on December 31, 1990; and

(c) the area of the Village of Tottenham as it existed on December 31, 1990. O.Reg. 953/93, s. 5.

6. Three urban service areas are established in the Town of Innisfil for police services consisting of,

(a) the area of the Township of Innisfil as it existed on December 31, 1990 except for the area of the Town of Innisfil described in Schedule 4 under clause 2 (1) (e) of the Act;

(b) the area of the Town of Innisfil as it existed on December 31, 1993 excluding the area described in clause (a); and

(c) the area of the Township of Essa described in Schedule 2 under clause 2 (1) (c) of the Act. O.Reg. 953/93, s. 6.

7. An urban service area is established in the Town of Innisfil for sewage service consisting of the area of the Village of Cookstown as it existed on December 31, 1990. O.Reg. 953/93, s. 7.

8. An urban service area is established in the Town of Innisfil for water service consisting of the area of the Village of Cookstown as it existed on December 31, 1990. O.Reg. 953/93, s. 8.

9. Two urban service areas are established in the Town of Bradford West Gwillimbury for police services consisting of,

(a) the area of the Town of Bradford as it existed on December 31, 1990; and

(b) the area of the Town of Bradford West Gwillimbury excluding the area described in clause (a). O.Reg. 953/93, s. 9.

10. Two urban service areas are established in the Town of Bradford West Gwillimbury for street lighting services consisting of,

(a) the area of the Town of Bradford as it existed on December 31, 1990; and

(b) the area of the Town of Bradford West Gwillimbury excluding the area described in clause (a). O.Reg. 953/93, s. 10.

11. An urban service area is established in the Town of Bradford West Gwillimbury for the collection of garbage consisting of the area of the Town of Bradford as it existed on December 31, 1990. O.Reg. 953/93, s. 11.

PART II
CONTRACT OF EMPLOYMENT

12. This Part applies to the former municipalities of the Township of Orillia, the Township of Matchedash and the Village of Coldwater. O.Reg. 953/93, s. 12.

13. A provision in a contract of employment entered into between an employee of a former municipality and the former municipality which provides for compensation, including severance payments, to the employee as a result of the employee terminating his or her employment with the Township of Severn or a local board thereof is repealed. O.Reg.953/93, s. 13.

14. Nothing in this Part affects the rights or obligations of a person or the Township of Severn under any Act, the common law or a pension plan. O.Reg. 953/93, s. 14.

PART III
WARDS

15. (1) The Town of New Tecumseth is divided into five wards.  O.Reg. 953/93, s. 15 (1).

(2) Each ward consists of the land described in Appendix 1. O.Reg. 953/93, s. 15 (2).

(3) One member of council shall be elected from each of wards 2, 3 and 4. O.Reg. 953/93, s. 15 (3).

(4) Two members of council shall be elected from each of wards 1 and 5. O.Reg. 953/93, s. 15 (4).

16. (1) The Town of Bradford West Gwillimbury is divided into five wards.  O.Reg. 953/93, s. 16 (1).

(2) Each ward consists of the land described in Appendix 2. O.Reg. 953/93, s. 16 (2).

(3) One member of council shall be elected from each of wards 3, 4 and 5. O.Reg. 953/93, s. 16 (3).

(4) Two members of council shall be elected from each of wards 1 and2. O.Reg. 953/93, s. 16 (4).

17. (1) The Town of Innisfil is divided into seven wards.  O.Reg. 953/93, s. 17 (1).

(2) Each ward consists of the land described in Appendix 3. O.Reg. 953/93, s. 17 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 17 (3).

18. (1) The Township of Adjala-Tosorontio is divided into five wards.  O.Reg. 953/93, s. 18 (1).

(2) Each ward consists of the land described in Appendix 4. O.Reg. 953/93, s. 18 (2).

(3) One member of the council shall be elected from each ward. O.Reg. 953/93, s. 18 (3).

19. (1) The Township of Essa is divided into three wards.  O.Reg. 953/93, s. 19 (1).

(2) Each ward consists of the land described in Appendix 5. O.Reg. 953/93, s. 19 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 19 (3).

20. (1) The Township of Clearview is divided into seven wards.  O.Reg. 953/93, s. 20 (1).

(2) Each ward consists of the land described in Appendix 6. O.Reg. 953/93, s. 20 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 20 (3).

21. (1) The Township of Springwater is divided into seven wards.  O.Reg. 953/93, s. 21 (1).

(2) Each ward consists of the land described in Appendix 7. O.Reg. 953/93, s. 21 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 21 (3).

22. (1) The Township of Oro-Medonte is divided into five wards.  O.Reg. 953/93, s. 22 (1).

(2) Each ward consists of the land described in Appendix 8. O.Reg. 953/93, s. 22 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 22 (3).

23. (1) The Town of Penetanguishene is divided into two wards.  O.Reg. 953/93, s. 23 (1).

(2) Each ward consists of the land described in Appendix 9. O.Reg. 953/93, s. 23 (2).

(3) Three members of council shall be elected from Ward 1. O.Reg. 953/93, s. 23 (3).

(4) Four members of council shall be elected from Ward 2. O.Reg. 953/93, s. 23 (4).

24. (1) The Town of Midland is divided into two wards.  O.Reg. 953/93, s. 24 (1).

(2) Each ward consists of the land described in Appendix 10. O.Reg. 953/93, s. 24 (2).

(3) Four members of council shall be elected from Ward 1. O.Reg. 953/93, s. 24 (3).

(4) Three members of council shall be elected from Ward 2. O.Reg. 953/93, s. 24 (4).

25. (1) The Township of Tay is divided into four wards.  O.Reg. 953/93, s. 25 (1).

(2) Each ward consists of the land described in Appendix 11. O.Reg. 953/93, s. 25 (2).

(3) Two members of council shall be elected from each of wards 1, 2 and 3. O.Reg. 953/93, s. 25 (3).

(4) One member of council shall be elected from Ward 4. O.Reg. 953/93, s. 25 (4).

26. (1) The Township of Severn is divided into five wards.  O.Reg. 953/93, s. 26 (1).

(2) Each ward consists of the land described in Appendix 12. O.Reg. 953/93, s. 26 (2).

(3) One member of council shall be elected from each ward. O.Reg. 953/93, s. 26 (3).

27. (1) The Township of Ramara is divided into five wards.  O.Reg. 953/93, s. 27 (1).

(2) Each ward consists of the land described in Appendix 13. O.Reg. 953/93, s. 27 (2).

(3) One member shall be elected from each ward. O.Reg. 953/93, s. 27 (3).

28. The Appendices referred to in this Part are contained in a document prepared by the Ministry of Municipal Affairs entitled “Wards of Local Municipalities in the County of Simcoe as of December 1, 1994” and filed with the clerk of each affected local municipality. O.Reg. 953/93, s. 28.

PART IV
DEVELOPMENT CHARGES

29. (1) In this Part,

“development charges by-law” means a by-law passed by a former municipality under section 3 of the Development Charges Act on or before December 31, 1993. O.Reg. 953/93, s. 29 (1).

(2) In respect of a development charges by-law, a reference to a clerk of a local municipality in this Part or in section 4 of the Development Charges Act means the clerk of the local municipality which includes the majority of the area of the former municipality which passed the by-law. O.Reg. 953/93, s. 29 (2).

30. (1) If the hearing of an appeal of a development charges by-law under section 4 of the Development Charges Act has not been held or has not been completed and, as a result of the amalgamations and annexations under the Act, any part of the land affected by the by-law is located in a local municipality other than the local municipality which includes the majority of the area of the former municipality which passed the by-law, the clerk of the local municipality shall,

(a) forward a copy of the notice of appeal and record with respect to the by-law to each affected local municipality at the same time those documents are forwarded to the Ontario Municipal Board under subsection 4 (7) of the Development Charges Act, or

(b) if documents described in clause (a) have already been forwarded to the Municipal Board, immediately forward a copy of those documents to each affected local municipality. O.Reg. 953/93, s. 30 (1).

(2) Each affected local municipality is entitled to be a party at the hearing of the appeal of the by-law. O.Reg. 953/93, s. 30 (2).

31. (1) If the appeal period under subsection 4 (4) of the Development Charges Act with respect to a development charges by-law has not expired as of December 31, 1993, the appeal period under that subsection is extended until twenty days after written notice under subsection (2) is given. O.Reg. 953/93, s. 31 (1).

(2) The clerk of the local municipality shall, not later than January 15, 1994, give written notice of the by-law and the extended appeal period in accordance with subsection 4 (3) of the Development Charges Act. O.Reg. 953/93, s. 31 (2).

32. (1) The Ontario Municipal Board shall consider an appeal of a development charges by-law under section 4 of the Development Charges Act as if the amalgamations and annexations under the Act had not occurred. O.Reg. 953/93, s. 32 (1).

(2) Despite subsection (1), the Municipal Board may consider the amalgamations and annexations under the Act when making a decision to reduce a development charge imposed by the development charges by-law on all or any part of the land affected by the by-law. O.Reg. 953/93, s. 32 (2).

(3) A decision of the Municipal Board under subsection 4 (11) of the Development Charges Act with respect to a development charges by-law shall set out,

(a) the decision of the Municipal Board made as if the amalgamations and annexations under the Act had not occurred; and

(b) the reductions, if any, in the development charges imposed by the by-law which the Municipal Board considers appropriate after considering the annexations under the Act. O.Reg. 953/93, s. 32 (3).

PART V
NOTICE REQUIREMENTS

33. (1) Notice under subsection 15 (10) of the Act of a public meeting to inform the public of a proposed by-law shall be in Form 1. O.Reg. 953/93, s. 33 (1).

(2) Notice under subsection 15 (13) of the Act of the passing of a by-law shall be in Form 2. O.Reg. 953/93, s. 33 (2).

34. Notice under section 33 shall be given,

(a) by publication in a newspaper or newspapers that are, in the opinion of the clerk, of sufficiently general circulation in the local municipality to give the public reasonable notice of the meeting or the passing of the by-law; and

(b) by personal service or prepaid first class mail,

(i) to every person that has given the clerk of the local municipality a written request, including the person’s address, to receive notice of the public meeting or of the passing of the by-law,

(ii) to the clerk of each local municipality any part of which is within one kilometre of the area to which the by-law applies,

(iii) to the secretary of every municipal or other corporation operating an electric utility in the local municipality,

(iv) to the manager of the Willowdale field management office of the Ministry of Municipal Affairs,

(v) to the vice-president of regions of Ontario Hydro, and

(vi) to the deputy minister of the Ministry of Environment and Energy. O.Reg. 953/93, s. 34.

FORM 1
NOTICE OF A PUBLIC MEETING REGARDING A PROPOSED BY-LAW OF

County of Simcoe Act, 1993

O. Reg. 953/93, Form 1.

FORM 2
NOTICE OF THE PASSING OF A BY-LAW

County of Simcoe Act, 1993

O. Reg. 953/93, Form 2.