Municipal Act, 2001, S.O. 2001, c. 25

Municipal Act, 2001

S.O. 2001, CHAPTER 25

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

A proclamation has been issued naming January 1, 2008 as the day on which the amendments made by 2006, c. 32, Sched. A, ss. 104, 107 and 113 come into force.

Last amendment: 2007, c. 8, s. 218.

SKIP TABLE OF CONTENTS

CONTENTS

PART I GENERAL
1.	Interpretation
2.	Purposes
3.	Consultation
3.1	Agreements with the federal government
4.	Body corporate
5.	Powers exercised by council
6.	Expropriation
7.	Special Acts
7.1	Application re City of Toronto
PART II GENERAL MUNICIPAL POWERS
8.	Scope of powers
9.	Powers of a natural person
10.	Broad authority, single-tier municipalities
Spheres of Jurisdiction
11.	Broad authority, lower-tier and upper-tier municipalities
11.1	Definitions
12.	Previous transfer of powers
General Restrictions
13.	Conflict between certain by-laws
13.1	Inoperative by-law
14.	Conflict between by-law and statutes, etc.
Restrictions Affecting Municipal Powers
15.	Specific powers, by-laws under general powers
17.	Restrictions, financial matters
18.	Monopolies
Geographic Application
19.	Limited to municipal boundaries
Agreements
20.	Joint undertakings
21.	Agreements with First Nation
22.	Agreements with province
23.	Agreements respecting private services
Delegation of Powers and Duties
23.1	General power to delegate
23.2	Restriction re delegation of legislative and quasi-judicial powers
23.3	Powers that cannot be delegated
23.4	Effect of delegation to municipal service boards
23.5	Delegation re hearings
PART III SPECIFIC MUNICIPAL POWERS
Highways
24.	Definitions
25.	Provincial highways
26.	What constitutes highway
27.	By-laws
28.	Jurisdiction
29.	Boundary lines
29.1	Agreement
30.	Ownership
31.	Establishing highways
32.	Unorganized territory
34.	Highway closing procedures
35.	Restricting common law right of passage
40.	Toll highways
43.	Conveyance of closed highway
44.	Maintenance
45.	No personal liability
46.	Nuisance
48.	Naming private roads
50.	Restriction, motor vehicles
51.	Restriction, farming vehicles
52.	Jurisdiction, upper-tier municipality
53.	Transfer of jurisdiction
54.	Jurisdiction re: bridges
55.	Upper-tier sidewalks
56.	Intersections
58.	Zoning restrictions
59.	Sign restrictions
60.	Entry on land, snow fences
61.	Entry on land, naming highways
62.	Entry on land, tree trimming
62.1	Application to court
63.	Impounding of objects, vehicles on highway
64.	Territorial district
65.	Mistakes
66.	Highways not opened on original road allowance
67.	Person in possession
68.	Enclosed road allowance
Transportation
69.	Passenger transportation systems
70.	Airports
71.	London
72.	Waterloo
73.	Deeming provision, Waterloo
Waste Management
74.	Power exercised outside municipality re waste management
75.	Designation of services, facilities
76.	Entry and inspection
Public Utilities
78.	Entry on land
79.	Entry into buildings, etc.
80.	Entry on land served by public utility
81.	Shut off of public utility
82.	No liability for damages
83.	Security
85.	Exemption from seizure
86.	Mandatory supply
87.	Entry on land re: sewage systems
88.	Upper-tier entry on land
89.	Dual authority
90.	Exemption from levy
91.	Easements, public utilities
93.	Non-municipal public utilities
Culture, Parks, Recreation and Heritage
94.	Power exercised outside municipality re culture, parks, etc.
95.	Agreement, conservation authority
Drainage and Flood Control
96.	Power exercised outside municipality, flood control
97.	Entry on land
Structures, Including Fences and Signs
98.	Non-application of Act
99.	Advertising devices
99.1	Demolition and conversion of residential rental properties
Parking, Except on Highways
100.	Parking lots
100.1	Other land
101.	Impounding vehicles parked
102.	Disabled parking permits
102.1	Administrative penalties, parking by-laws
Animals
103.	Impounding animals
105.	Muzzling of dogs
Economic Development Services
106.	Assistance prohibited
107.	General power to make grants
108.	Small business counselling
110.	Agreements for municipal capital facilities
111.	Promotion by lower-tier municipality, special case
112.	Industrial, commercial and institutional sites
113.	Markets
114.	Exhibitions
Health, Safety and Nuisance
115.	Smoking in public places, etc.
116.	Emergency communication system
118.	Scaffolding, trenches, safety devices
119.	Discharge of weapons
120.	Explosives
121.	Fireworks
122.	Snow and ice
123.	Dangerous places
124.	Pits and quarries
125.	Heating and cooking appliances
126.	Public fairs and events
127.	Refuse and debris
128.	Public nuisances
129.	Noise, odour, dust, etc.
131.	Wrecking, salvaging of motor vehicles
132.	Repairs or alterations
133.	Fortification of land
134.	Conveyance of prisoners
Natural Environment
135.	Tree by-laws
139.	Agreement re: enforcement by upper-tier
140.	Agreement re: enforcement by lower-tier
141.	Planting trees adjacent to highways
142.	Site alteration
145.	Agreement re: enforcement by upper-tier
146.	Agreement re: enforcement by lower-tier
147.	Energy conservation programs
Closing of Retail Business Establishments
148.	Hours of closing
Annual Farm Dues
149.	Annual dues
PART IV LICENCES
150.	Definition
151.	Powers re licences
152.	Restriction re systems of licences
153.	Limitation re location of business
154.	Restrictions re adult entertainment establishments
155.	Licensing tow trucks, etc.
156.	Licensing taxicabs
157.	Reciprocal licensing arrangement
158.	Regulations
159.	Conflicts
160.	Other by-laws
161.	Regional Municipality of Waterloo
162.	Regional Municipality of York
163.	Restrictions re group homes
164.	Trailers
165.	Motor vehicle racing
PART V MUNICIPAL REORGANIZATION
Municipal Restructuring
171.	Purposes
172.	Definitions
173.	Proposal to restructure
174.	Commission
175.	Commission orders
176.	Regulations
177.	Procedures
178.	Debt
179.	Principles and standards to be considered
180.	Incorporation in unorganized territory
181.	Annexation
182.	Dissolution
183.	Public hearing
184.	Conflicts with official plan
185.	Transition
186.	Order prevails
Change of Name
187.	Change of name
Transfer of Powers between Tiers
188.	Interpretation
189.	Transfer of power to upper-tier
190.	Effect of by-law
191.	Transfer of power to lower-tier
192.	Effect of by-law
193.	Regulations
Municipal Service Boards
194.	Definitions
195.	Municipal service boards
196.	Power to establish municipal service boards
197.	Status of municipal service boards
198.	Functions of municipal service boards
202.	Joint municipal service boards
Powers to Establish Corporations
203.	Power to establish corporations
Business Improvement Areas
204.	Designation of improvement area
205.	Budget
206.	Notice
207.	Annual report
208.	Funds to be raised
209.	Changes to boundary
210.	Notice
211.	Repeal of by-law
212.	Effect of by-law
213.	Tenants
214.	Dissolution of board
215.	Regulations
Dissolution and Change of Local Boards
216.	Power to dissolve or change local boards
Changes to Council
217.	Composition of council of local municipality
218.	Composition of upper-tier council
219.	Notice
220.	Change of titles
221.	Conflicts
Wards
222.	Establishment of wards
223.	Petition re: wards
PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.1	Definitions
223.2	Code of conduct
223.3	Integrity Commissioner
223.4	Inquiry by Commissioner
223.5	Duty of confidentiality
223.6	Report to council
223.7	Testimony
223.8	Reference to appropriate authorities
223.9	Registry
223.10	Prohibition on contingency fees
223.11	Registrar for lobbying matters
223.12	Inquiry by registrar
223.13	Ombudsman
223.14	Investigation
223.15	Duty of confidentiality
223.16	No review, etc.
223.17	Testimony
223.18	Effect on other rights, etc.
223.19	Auditor General
223.20	Duty to furnish information
223.21	Powers re examination
223.22	Duty of confidentiality
223.23	Testimony
223.24	Regulations
PART VI PRACTICES AND PROCEDURES
Municipal Organization and Administration
224.	Role of council
225.	Role of head of council
226.	Substitution
226.1	Head of council as chief executive officer
227.	Municipal administration
228.	Clerk
229.	Chief administrative officer
First Meeting
230.	First council meeting
231.	Deemed organization
232.	Declaration of office
233.	Appointment of head
234.	Timing of appointments
235.	Term, upper-tier members
Location of Meetings and Public Offices
236.	Location
Quorum
237.	Quorum
Procedure By-law
238.	Procedure by-law
Meetings
239.	Meetings open to public
239.1	Investigation
239.2	Investigator
240.	Calling of meetings
241.	Head of council
242.	Absence of head
243.	Voting
244.	Open voting
245.	Tie votes
246.	Recorded vote
By-laws
247.	Language of by-laws
248.	Municipal code
249.	Seal
250.	By-laws upon application
Notice
251.	Notice
Hearings
252.	Hearings
Records
253.	Inspection of records
254.	Retention of records
255.	Retention periods
Eligibility
256.	Eligibility, local municipality
257.	Eligibility, upper-tier municipality
258.	Ineligible
Vacancies
259.	Vacant seat
260.	Resignation as member
261.	Restriction
262.	Declaration
263.	Filling vacancies
264.	Term
265.	Application to court
266.	Minister’s order
267.	Temporary vacancy
Policies
269.	Interpretation
270.	Hiring of employees
Policies
270.	Adoption of policies
271.	Procurement of goods
Quashing By-laws
272.	Restriction on quashing by-law
273.	Application to quash by-law
Judicial Investigation
274.	Investigation by judge
Restricted Acts after Nomination Day
275.	Restricted acts
Insurance
278.	Definitions
279.	Insurance
280.	Powers re: local boards
Health Benefits
281.	Sick leave credit gratuities
282.	Insurance, health, etc.
Remuneration and Expenses
283.	Remuneration and expenses
284.	Statement
Review or Appeal re Delegated Authority
284.1	Power to authorize review or appeal
PART VII FINANCIAL ADMINISTRATION
285.	Fiscal year
286.	Treasurer
287.	Signatures of cheques
289.	Yearly budgets, upper-tier
290.	Yearly budget, local municipalities
291.	Multi-year budget
292.	Change in financial reporting requirements, regulations
293.	Regulations, reserve fund
294.	Annual return
294.1	Annual financial statements
295.	Publication of financial statements, etc.
296.	Auditor
297.	Right of access
298.	Default in providing information
299.	Information re: municipal operations
301.	Financial information
302.	Financial assistance
304.	Use of collection agency
305.	Sale of debt
PART VIII MUNICIPAL TAXATION
306.	Definitions
307.	Taxes to be levied equally
308.	Establishment of tax ratios
308.1	Restrictions, tax ratios for certain property classes
309.	Separated municipalities
310.	Delegation to lower-tiers
311.	Upper-tier levies
312.	Local municipality levies
313.	Prescribed subclass tax reductions
314.	Graduated tax rates
315.	Taxation of certain railway, power utility lands
316.	Interim financing, upper-tier
317.	Interim levy, local municipality
318.	Phase-in of tax changes resulting from reassessments
319.	Tax deferrals, relief of financial hardship
320.	Taxes on international bridges and tunnels
322.	Payments in lieu of taxes, distribution
323.	Universities, etc., liable to tax
324.	Non-profit hospital service corporation
326.	By-laws re special services
PART IX LIMITATION ON TAXES FOR CERTAIN PROPERTY CLASSES
327.	Interpretation
328.	Determination of taxes
329.	Determination of maximum taxes
329.1	Municipal option: application of certain provisions of the Act
330.	By-law to provide for recoveries
331.	Taxes on eligible properties
332.	Tenants of leased premises
333.	Recouping of landlord’s shortfall
334.	Application for cancellation, etc.
335.	Part prevails
336.	Conflicts
337.	Where person undercharged
337.1	Adjustments
338.	Regulations
PART X TAX COLLECTION
339.	Definitions
340.	Tax roll
341.	Adjustments to roll
342.	By-laws re: instalments
343.	Tax bill
344.	Form of tax bills
345.	Late payment charges
346.	Payment
347.	Allocation of payment
348.	Determination of tax status
349.	Recovery of taxes
350.	Obligations of tenant
351.	Seizure
352.	Statement
353.	Taxes collected on behalf of other bodies
354.	Write-off of taxes
354.1	Refund on cancelled assessment
355.	Taxes less than minimum tax amount
356.	Division into parcels
357.	Cancellation, reduction, refund of taxes
357.1	Tax relief re: cemeteries
358.	Overcharges
359.	Increase of taxes
359.1	Error in calculating taxes
360.	Regulation
361.	Rebates for charities
362.	Tax reductions
364.	Vacant unit rebate
365.	Cancellation, reduction or refund of taxes
365.1	Cancellation of taxes, rehabilitation and development period
365.2	Tax reduction for heritage property
365.3	Change of assessment
366.	Federal Crown land
367.	Gross leases (property taxes)
368.	Gross leases (business improvement area charges)
369.	Offence
370.	Holidays
370.1	Urban service areas
PART XI SALE OF LAND FOR TAX ARREARS
371.	Interpretation
372.	Interpretation
373.	Registration of tax arrears certificate
374.	Notice of registration
375.	Cancellation of tax arrears certificate
376.	Accounting for cancellation price
378.	Extension agreements
379.	Public sale
380.	Application of proceeds
380.1	No successful purchaser
381.	Methods of giving notice
382.	Voidable proceedings
383.	Effect of registration
384.	Mining rights
385.	Scale of costs
385.1	Collection of tax arrears by upper-tier municipality
386.	Immunity from civil actions
386.1	Power of entry
386.2	Inspection without warrant
386.3	Inspection warrant
386.4	Inspection with warrant
386.5	Obstruction
387.	Regulations
388.	Transition, prior registrations
389.	Restriction
PART XII FEES AND CHARGES
390.	Definitions
391.	By-laws re: fees and charges
393.	Restriction, poll tax
394.	Restriction, fees and charges
395.	Restriction, charges for gas
397.	Approval of local board by-law
398.	Debt
399.	No application to O.M.B.
400.	Regulations
PART XIII DEBT AND INVESTMENT
401.	Debt
402.	Notice
403.	Payments by lower-tier municipalities not located in counties
404.	Borrowing for school boards, other municipalities
405.	Temporary borrowing for works
406.	Temporary borrowing, other entity
407.	Borrowing for current expenditures
408.	By-laws re: debentures
409.	Sinking and retirement fund debentures
410.	Sinking fund committee
411.	Debentures in foreign currency
412.	Fixed rate of interest
413.	Use of money received
414.	Restrictions
415.	Registration of debenture by-law
416.	Interest paid for over a year
417.	Reserve funds
418.	Investment
420.	Agreements
421.	Loan of securities
422.	Offence
423.	Prohibition
424.	Liability of members for diversion of funds
PART XIV ENFORCEMENT
Offences and Penalties
425.	Authority to create offences
426.	Offence re obstruction, etc.
427.	Offence re disabled parking
428.	Offence re illegally parked vehicle
429.	Authority to establish fines
430.	Additional penalty re adult entertainment establishments
431.	Additional order to discontinue or remedy
432.	Payments out of court
433.	Municipality entitled to fines
434.	Fines, special cases
Powers of Entry
435.	Conditions governing powers of entry
436.	Power of entry re inspection
437.	Restriction re dwellings
438.	Inspection pursuant to order
439.	Search warrant
General Enforcement Powers
440.	Power to restrain
441.	Collection of unpaid licensing fines
442.	Enforcement of agreements, etc.
443.	Enforcement of loans by a municipality
Orders and Remedial Actions
444.	Order to discontinue activity
445.	Work order
446.	Remedial action
Court Order to Close Premises
447.	Closing premises, lack of licence
447.1	Closing premises, public nuisance
447.2	Inspection of buildings containing marijuana grow operations
447.3	Where marijuana grow operation is in a lower-tier municipality
447.4	Co-ordination of enforcement
447.5	Proof of by-laws
447.6	Matters of evidence re other documents
447.7	Costs in legal proceedings
447.8	Power to adopt other codes, etc.
447.9	Application of Part to other Acts
PART XV MUNICIPAL LIABILITY
448.	Immunity
449.	Liability in nuisance re: water and sewage
450.	Policy decisions
PART XVI REGULATIONS AND FORMS
451.	Scope
451.1	Regulations re the provincial interest
452.	Regulations respecting powers
453.	Regulations, transitional matters
454.	Forms
PART XVII TRANSITION
455.	Transition
456.	Police villages
457.	Continuation of by-laws, resolutions
457.1	Continuation of by-laws, resolutions
457.2	Deemed by-law re powers and duties
458.	Composition of councils continued
459.	Wards continue
460.	Continuation of services
461.	Conflict re: tree by-laws
462.	Agreement re: flood control
463.	Canals
464.	Pensions
466.	Past tax deferrals
467.	Liability re: fire service
468.	Board of control, City of London
469.	Waste
470.	Boundary orders
471.	Telephone system
472.	Dissolution of Oxford County Board of Health
473.	Terms in other Acts
474.	Taxes imposed under certain Parts of old Act
474.1	Transitional rules, municipal restructuring
474.2	Continuation of provisions re: restructuring
474.3	Certain tax credit by-laws
474.4	Pipe line
474.5	Trust fund
474.6	Home for the aged, Oxford
474.7	Home for the aged, Muskoka
474.8	Financial matters, London-Middlesex
474.9	County of Simcoe
474.10	Local improvement matters
474.10.1	Continued application
PART XVII.1 MISCELLANEOUS MATTERS
474.11	Township of Innisfil
474.12	County of Brant
474.13	City of Cornwall
474.14	St. George
474.15	County of Oxford
474.16	Waterloo
474.17	Muskoka
474.18	County of Middlesex
474.19	County of Simcoe
474.20	Simcoe, consents
474.21	Regional municipalities

PART I
GENERAL

Interpretation

1.  (1)  In this Act,

“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)

“business licensing by-law” means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; (“règlement sur les permis d’entreprise”)

“county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”)

“economic development services” means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première nation”)

“highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway; (“voie publique”)

“land” includes buildings; (“bien-fonds”)

“licence”, in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and “licensing” has a corresponding meaning; (“permis”)

“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)

“local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)

“lower-tier municipality” means a municipality that forms part of an upper-tier municipality for municipal purposes; (“municipalité de palier inférieur”)

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)

“old Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read immediately before its repeal under this Act; (“ancienne loi”)

“person” includes a municipality unless the context otherwise requires; (“personne”)

“power”, in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; (“pouvoir”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public utility” means,

(a) a system that is used to provide any of the following services or things for the public:

(i) water,

(ii) sewage,

(iii) fuel, including natural and artificial gas,

(iv) energy, excluding electricity,

(v) heating and cooling, and

(vi) telephone, and

(b) the service or thing that is provided; (“service public”)

“rateable property” means land that is subject to municipal taxation; (“bien imposable”)

“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, financial statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs and films; (“document”)

“regional municipality” means an upper-tier municipality that was a regional or district municipality or the County of Oxford on December 31, 2002; (“municipalité régionale”)

“regular election” means the regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (“élections ordinaires”)

“sewage” includes,

(a) storm water and other drainage from land, and

(b) commercial wastes and industrial wastes that are disposed of in a sewage system; (“eaux d’égout”)

“single-tier municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes; (“municipalité à palier unique”)

“spouse” means a person,

(a) to whom the person is married, or

(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)

“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)

“unorganized territory” means a geographic area without municipal organization; (“territoire non érigé en municipalité”)

“upper-tier municipality” means a municipality of which two or more lower-tier municipalities form part for municipal purposes. (“municipalité de palier supérieur”) 2001, c. 25, s. 1 (1); 2005, c. 5, s. 44 (1, 2); 2006, c. 9, Sched. H, s. 5 (1); 2006, c. 32, Sched. A, s. 1.

Municipality

(2)  In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires. 2001, c. 25, s. 1 (2).

Amount added to tax roll

(2.1)  If, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act. 2002, c. 17, Sched. A, s. 1 (1).

Amounts imposed by upper-tier, etc.

(2.2)  The treasurer of a local municipality shall, upon the request of its upper-tier municipality, if any, or of a local board or school board whose area of jurisdiction includes any part of the local municipality, add amounts imposed by the upper-tier municipality, local board or school board, respectively, under subsection (2.1). 2002, c. 17, Sched. A, s. 1 (1).

Priority lien status

(3)  If an amount is added to the tax roll in respect of a property under subsection (2.1) or (2.2), that amount, including interest,

(a) may be collected in the same manner as taxes on the property;

(b) may be recovered with costs as a debt due to the municipality from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;

(c) is a special lien on the property in the same manner as are taxes under subsection 349 (3); and

(d) may be included in the cancellation price under Part XI in the same manner as are taxes on the property. 2002, c. 17, Sched. A, s. 1 (2).

Application to other Acts

(4)  This section applies to all other Acts or provisions of Acts affecting or relating to municipal matters unless the context otherwise requires. 2001, c. 25, s. 1 (4).

General definitions

(5)  Unless the context otherwise requires, the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”, “regional municipality”, “single-tier municipality” and “upper-tier municipality”, when used in any other Act or regulation, have the same meanings as in subsection (1). 2002, c. 17, Sched. A, s. 1 (3).

Purposes

2.  Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters. 2006, c. 32, Sched. A, s. 2.

Consultation

3.  (1)  The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario. 2005, c. 8, s. 1.

Review

(2)  The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review. 2001, c. 25, s. 3 (2).

Agreements with the federal government

3.1  The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality’s jurisdiction. 2006, c. 32, Sched. A, s. 3.

Body corporate

4.  (1)  The inhabitants of every municipality are incorporated as a body corporate. 2001, c. 25, s. 4.

Non-application

(2)  The Corporations Act and the Corporations Information Act do not apply to a municipality. 2006, c. 32, Sched. A, s. 4.

Powers exercised by council

5.  (1)  The powers of a municipality shall be exercised by its council. 2001, c. 25, s. 5 (1).

Council a continuing body

(2)  Anything begun by one council may be continued and completed by a succeeding council. 2001, c. 25, s. 5 (2).

Powers exercised by by-law

(3)  A municipal power, including a municipality’s capacity, rights, powers and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. 2001, c. 25, s. 5 (3); 2006, c. 32, Sched. A, s. 5.

Scope

(4)  Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise. 2001, c. 25, s. 5 (4).

Expropriation

6.  (1)  The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2001, c. 25, s. 6.

Extended power

(2)  A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land. 2002, c. 17, Sched. A, s. 2.

Special Acts

7.  (1)  In this section,

“special Act” means an Act relating to a particular municipality. 2001, c. 25, s. 7 (1).

Relationship between this Act and special Acts

(2)  Except where otherwise expressly or by necessary implication provided,

(a) this Act does not limit or restrict the powers of a municipality under a special Act; and

(b) a special Act does not limit or restrict the powers of a municipality under this Act. 2001, c. 25, s. 7 (2).

Override power

(3)  Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act. 2006, c. 32, Sched. A, s. 6.

Same

(4)  Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999. 2006, c. 32, Sched. A, s. 6.

Exclusion

(5)  Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4). 2001, c. 25, s. 7 (5).

Application re City of Toronto

7.1  (1)  This Act does not apply to any of the following, except as otherwise provided by another provision of this Act or of the City of Toronto Act, 2006:

1. The City of Toronto, a local board of the City (including a joint local board of the City) or a city corporation.

2. Members of the council of the City, members of a local board of the City (including a joint local board of the City) or directors or members of a city corporation.

3. Officers, employees or agents of the City, of a local board of the City (including a joint local board