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Presented to the
LIBP-ARY of the
UNIVERSITY OF TORONTO
by
Mr. K. Bryden, M.P.P.
HANDBOUND
AT THE
Wfa.
UNIVERSITY OF
TORONTO PRESS
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ONTARIO
Second Interim Report
of
Select Committee
on
THE MUNICIPAL ACT
AND RELATED ACTS
March, 1963
'*°-' 22 1969
CONTENTS
Page
Acknowledgements ii
Members of the Select Committee on the
Municipal Act and related Acts iii
Introduction 1-11
The Municipal Act 4
The Assessment Act 5-7
The Planning Act 7-9
The Local Improvement Act 9-10
The Municipal Franchise Extension Act 10- 11
The Voters' Lists Act 10- 11
Recommendations 12 - 103
The Municipal Act 12-54
The Assessment Act 55 - 78
The Planning Act 79-92
The Local Improvement Act 93 - 102
The Municipal Franchise Extension Act 103
The Voters' Lists Act 103
Conclusion 104 - 105
11
ACKNOWLEDGEMENTS
The Select Committee invited the
presentation of briefs or submissions in a
letter sent to the clerk of each municipality
in May 1961 and also in an advertisement
inserted in the daily and weekly newspapers
of the Province of Ontario in the Fall of
1962o The Committee wishes to thank the
many municipal councils, local boards,
municipal officials, associations and
individuals for the thoughtful consideration
given to the matters presented in the many
excellent submissions received.
Recognized authorities on various
aspects of municipal. legislation and municipal
government, the Clerk of the Legislative
Assembly, many senior civil servants of the
Department of Municipal Affairs, the Conservation
Authorities Branch of the Departnnent of Lands
and Forests, the Municipal Roads Branch of the
Department of Highways, the Mines Inspection
Branch of the Department of Mines and the
Chairman of the Ontario Municipal Board met
with the Select Committee on The Municipal Act
and related Acts and their assistance is gratefully
acknowledged.
The Committee also wishes to thank
Mr, James A. Taylor, Legal Counsel, Mrs, H, G,
Rowan, C.A,, Secretary, and Mrs. E, Eaton for
their assistance and advice.
Ill
MEMBERS OF
SELECT COMMITTEE ON THE MUNICIPAL ACT
AND RELATED ACTS
Hollis E. Beckett, Q.C., Chairman York East
Rheal Belisle Nickel Belt
Alfred H, Cowling High Park
Arthur D, Evans ••••• Simcoe Centre
George T. Gordon , , Brantford
Donald H, Morrow ,,, Ottawa West
Ron K. McNeil Elgin
Vernon M. Singer, Q, C York Centre
Thomas D, Thomas Oshawa
James A. Taylor ••• Legal Counsel to the
Committee
(Mrs. ) H. G. Rowan, C, A, , Secretary to the
Committee
(Mrs, ) Edna Eaton Assistant to the
Secretary
Mr. Belisle resigned as a Member of the Legislature
on February 5th, 1963, to accept an appointment to the
Senate of Canada,
The Honourable the Parliament Buildings,
Legislative Assembly of the Toronto, Ontario.
Province of Ontario. • March 28th, 1963.
Honourable Meinbers:
On Monday, March 27th, 1961,
during the Second Session of the Twenty- sixth Parliament,
the following Motion was nnoved by the Honourable
Leslie M. Frost, Q. C. , Prime Minister of Ontario,
and seconded by the Honourable Wm. K. Warrender,Q. C. ,
and duly carried:
"Ordered, That a Select Committee of this
House be appointed to enquire into and review
The Mvinicipal Act of the Province and related
Acts, including The Assessment Act, The
Department of Municipal Affairs Act, The
Local Improvement Act, The Ontario Miinicipal
Board Act and The Planning Act, and the
regulations made thereunder, for the purposes
of modernizing, consolidating and simplifying
such Acts and regulations and making such
recomnnendations as may be necessary for
their improvement.
And That the Select Committee have authority
to sit during the interval between Sessions and
have full power and authority to call for persons,
papers and things and to examine witnesses
under oath, and the Assembly doth command
and compel attendance before the Committee of
such persons and the production of such papers
and things as it may deem necessary for any
of its proceedings and deliberations, for which
purpose the Honourable the Speaker may issue
his warrant or warrants.
And that the said Committee consist of nine
members, as follows:
Mr. Beckett (Chairman), Messrs. Belisle, Evans,
Cowling, Gordon, Morrow, McNeil, Singer and
Thomas. "
On Friday, February 23rd, 1 962,
the Chairman presented the first Interim Report of the
Committee dated November 23rd, 1961, (Appendix A)
and on March 2nd, 1962, on Motion by the Honourable
J, P. Robarts, Q.C, Prime Minister of Ontario,
seconded by Mr, Beckett, it was ordered that the
Committee be reappointed to continue with the same
membership and same powers and duties as previously
established.
An advertisement inviting the
presentation of submissions by elected members and
appointed officials of municipal governments, local
boards, commissions, groups of persons and individuals,
was inserted in the daily and weekly newspapers through-
out the Province in the Fall of 1962, A total of 125
briefs have been received; 38 from municipalities and
87 from organizations and individuals, (Appendix D)
The Committee sat for 84 days
in 1961 and 1962 and received approximately 98
delegations and heard 403 persons appearing in support
of their briefs, (Appendix E)
The Committee's study of
municipal matters brought to light an avalanche of
material which had to be sifted, sorted and used in
a pragmatic way. It is trite to say that while good
legislation may provide the tools and create the vehicle
for sound local government, it does not by itself
generate well-administered municipalities. The
problem is both legislative and administrative. The
people who are being governed are of paramount
importance and this thought must be kept constantly
to the fore.
It is obvious that the emergence
of a well-administered mtonicipality, in accordance with
our democratic concept, is not a simple achievement. The
number of persons, who avail themselves of the
opportunity to participate in the election of their
local council, often bears witness to this fact.
The sphere of local government
has constantly expanded until now it not only engages
in almost every conceivable social activity, but has
become inextricably wedded to individual enterprise.
Less emphasis on the impor-
tance of property ownership, and extended franchise
and a broader tax base are factors that must be
seriously considered in the current operation of
mtmicipal affairs. The problem of preserving local
autonomy, and at the same time raising revenue
locally to finance local needs, pernneates the whole
fabric of municipal government.
The Committee has not pre-
supposed the sanctity of local self-government, but
has come logically to the conclusion that it must be
preserved in order to protect, nurture and further
develop to maturity our inherent belief in political
freedom and personal liberty. This fundamental
philosophy can very easily be overlooked in the
scramble for efficiency and expediency if too little
emphasis is placed on the means of accomplishing
a specific result.
In order to preserve local
autonomy, it is imperative that local governments
have complete jurisdiction and control over matters
of purely local nature, including the means of
raising revenue to finance these undertakings.
The Municipal Act, The Assessment
Act, The Planning Act, The Local Improvement Act, The
Municipal Franchise Extension Act and The Voters*
Lists Act and the regulations nnade thereunder are all
considered in this Interim Report,
The Mtinicipal Act
The Municipal Act lends itself
to considerable amendment, reorganization of material
and overall simplification. This is especially so in
regard to elections, the voting on by-laws, penalty
clauses, actions by and against municipal corporations
and matters relating to highways and bridges.
The extension of the municipal
franchise to persons not rated as property owners or
tenants recognizes the rapid increase of services
furnished to people as distinguished from services
furnished to property, A corollary of this is a greater
participation in the financing of these services by the
municipal residents regardless of property ownership.
Local municipalities are
classified as cities, towns, villages and townships,
with the latter class generally being considered rural.
However, the exodus from the cities to the coiintry
has entirely changed the nature of many townships,
especially those adjacent to large urban comnnunities.
They are usually residential and lack the balanced
assessment base considered necessary to adequately
provide the required services. Many of the powers
and duties of the miznicipality are predicated on its
nomenclature and in some instances it is one of the
factors used in the calculation of grants made by the
Province, The township that is no longer rural may
find that it has outgrown its governing legislation.
Consideration should be given to the redesignation of
the municipalities according to the character of the
area, possibly as rural or urban with density of popu-
lation being an important factor.
The Committee is of the opinion
that The Municipal Act, The Assessment Act, The
Planning Act, The Local Improvement Act, pertinent
sections of The Municipal Franchise Extension Act and
Parts I and II of The Voters* Lists Act be modernized,
simplified and consolidated.
Recommendations for amendment
to The Mionicipal Act are set forth on Pages 12 to 54,
The Assessraent Act
No local government can
function without the necessary funds to carry out
the legal obligations and fulfill the numerous social
responsibilities incumbent upon it if it is to
govern in the best interests of the community as
a whole. Representations made to the Committee
in regard to matters of assessment and taxation
far outnumbered any other single subject. Legis-
lation that picks the pocket is quickly felt.
The ixnder lying and persistent
fact, which penetrates the whole field of assessment
and taxation is that the niomber, kind and standard
of service that the municipality is now called upon
to provide is vastly different from those municipal
services provided when the assessment legislation
was rewritten in 1904.
The present method of raunicipal
finance is outmoded, discriminatory and compoionded
by contradiction. While the basis of raxinicipal taxation
is inseparable from real property, there are in fact
two distinct types of services rendered by local
governments. Firstly, there is the servicing of
'real property' by providing such services as water,
sewers, sidewalks, roads, and fire protection. Secondly,
there are the services provided to 'persons', such as
education, administration of justice, parks and
recreation. Services provided to property should be
financed by the owners of property and services
provided to people should be financed by the people who
reap the benefit.
The Committee does not recom-
mend that services now performed by local mxinici-
palities be turned over to the Province for administration.
Nor does it recommend that the Province naake bigger
grants to the municipalities. However, it does recom-
mend a revision or realignment of the source of
revenue for the financing of the two distinct classes
of services mentioned above.
The present business tax is an
anachronism. The nnultiplicity of rates currently
exist without logic and the tax itself has no reference
to services furnished.
Further confusion and dis-
crimination is caused by the necessity of setting
two mill rates - one for commercial and industrial
taxation and the other for farm and residential
taxation.
There has been an increasing
tendency to exempt the properties of certain
institutions from municipal taxation because of
their altruistic objects. There are many charitable
institutions throughout the Province operated by
dedicated and publicly spirited people possessing an
intense feeling of civic responsibility and pride. It
is the feeling of the Committee that the local
municipality can best judge the public contribution
of these institutions, and accordingly recommends that
there be no general exemptions from taxation but
rather that all future exemptions of properties used
by these institutions be left to the discretion of the
local council. In this way the local council and
inhabitants will be kept aware of the real property
which is not being required to pay what would
otherwise be its share of the cost of municipal
services relating to real property,
A great many of the inequitable
assessments throughout the Province of Ontario arise
out of the reluctance of assessors to employ a current
concept of actual value. The present Assessment Act
appears to be abundantly plain in this regard, but
nevertheless the evidence presented to the Committee
establishes the unalterable fact that the concept of
actual value is seldom employed.
Inequities also appear because
of a deficiency of properly trained assessors and
assessment commissioners, Comnnon sense and sound
business practice may be scarce commodities, but
no assessment manual can legislate or impart
these qualities. Proper training facilities should
be made available to every person who aspires to
assess, and the Conamittee feels that it is
incumbent upon the Province of Ontario to not only
provide such facilities, but also to licence those
persons who become chief assessors in the sanne
manner as municipal auditors.
It has been argued that assessing
should be done on a county basis, with a single assess-
ment connmissioner for the entire county. However,
after careful consideration, the Committee is of the
opinion that such a proposal should not be forced upon
the local municipalities. They now have the option
of retaining their own assessment commissioner,
sharing an assessment commissioner with one or
nriore municipalities, or transferring the field of
assessment to a county assessment commissioner to
administer. This freedom of choice should remain on
the premise that whoever performs the function would
be qualified and licensed accordingly.
Appeals should be made directly
from the courts of revision to a special tribunal, and,
on questions of law, to the Ontario Court of Appeal,
The time for all appeals should be liniform. The
special tribunal referred to might be the one that the
Select Committee on Land Expropriation recommended
be appointed by the Government of Ontario to assess
compensation on expropriation and deal with matters where
the valuation of property is significant.
Recomnaendations for amendment
to The Assessnaent Act are set forth on Pages 55 to 78.
The Planning Act
Community Planning is a relatively
recent governmental adventure in the Province of Ontario
that has not been fully accepted by the people. The
first Planning Act as such was passed in 1946,
although a thread of planning can be traced back to
1913.
Our heritage of freedom of
activity, sanctity of property and a general pre-
dilection against government regulation and control
has no doubt contributed to the citizens' suspicion
of modern planning technique.
The difficulty of planning
semi-developed communities, combined with the
often experienced inability to plan in toto, has
focus sed attention upon the inequities made apparent
by partial planning. The picture of perfection often
painted of a planned community does little to incite
public confidence in planning when that ideal is
seldom achieved,
A rapidly increasing population
and the autonaobile has forced the horizontal expansion
of our commtinities with the resulting myriad of
problen:is. Distance is measured by minutes rather
than miles in the physical nnovement of people.
However, roads, sidewalks, sewers, watermains
and the other public utilities cannot be constructed
and financed in minutes. It is inn.perative that
effective planning legislation be available to local
municipalities to control and direct the development
of their comnnunities.
There is considerable arguinent
in favour of creating more natural municipal
boundaries with particular reference to the watersheds
that dictate the development of any sanitary and storm
sewer drainage pattern. However, it is indeed diffi-
cult to discover a catalyst which would operate quickly
to create more logical municipal boundaries and at
the same time produce financially and functionally
sound political units. This is not to say that some
degree of planning should not be undertaken on a broader
scale than at present.
Similar services are often
constructed and raaintained by different levels of
government depending on the magnitude of the
undertaking and the area to be serviced. Obvious
examples are highways, and to an ever-increasing
degree, trunk sewers and water systems.
It is easy to fall prey to
expediency in the solution of our problems. To
impose from above may be a convenience of the
moment but in the long run a transgression of
civic freedom and personal choice. Local autonomy
and the established ease of communication between
the governed and those who govern should not be
lightly disturbed.
Recommendations for amendment
to The Planning Act are set forth on Pages 79 to 92,
The Local Improvement Act
A local improvement is a
work that benefits a particular area only or the
properties on a certain street. By the same token,
the cost of the work is borne by the owners of the
property specially benefited as opposed to the mion-
icipality as a vJ^hole, A property owner's portion
of the cost is commensurate with the degree of
benefit his property enjoys and elaborate procedure
ensures that the cost is equitably assessed.
The Local Improvement Act
enunciates a sound principle and permits a wide
range of municipal services to be constructed in this
manner. The Municipal Act gives authority to
municipalities to regulate the method of making
private sewer connections to a sewer system and the
consent of the municipality is necessary in this regard.
The municipal council can also require the owners of
land to make connections into a nnunicipal sewer. The
Ontario Water Resources Commission Act must be
10
complied with, and the approval of the Commission
is necessary prior to undertaking such local
improvement works as the laying of sewers and
watermains.
It is difficult indeed to
entirely divorce all of the statutes dealing with
municipal matters so as to render them independent
and complete in their own righto The fusion of the
various statutes would be equally difficult and
extremely illogical. However, the re-arrangement
of the subject matter of The Local Improvement
Act, the adoption of the following recommendations
and the consolidation of this Act with The Municipal
Act, The Assessment Act and The Planning Act
would prove to be of some practical value.
Recommendations for amendment
to The Local Improvement Act are set forth on Pages 93
to 102.
The Municipal Franchise Extension Act - and
The Voters' Lists Act.
Coincident with the Committee's
recommendation that municipalities with similar
characteristics should have similar powers re-
gardless of nomenclature is the belief that the franchise
should extend to every Canadian citizen over 21 years
of age who has resided in the municipality for at least
one year prior to the election. The government of a
municipality should not be tied to real property
interests nor should the ownership of real property be
the sole criterion for eligibility to pay taxes.
The Municipal Franchise
Extension Act gives all municipalities permission to
extend the vote and provides for the preparation of
a resident voters' list.
Parts I and II of The Voters'
Lists Act pertain to the preparation of the voters'
lists. It is \innecessary to retain this legislation in
11
the present form. Instead the pertinent provisions
of The Municipal Franchise Extension Act should be
incorporated into The Municipal Act along with
Parts I and II of The Voters^ Lists Act as amended.
Recommendations for
amendment to The Municipal Franchise Extension
Act and The Voters' Lists Act are set forth on
Page 103.
12
THE MUNICIPAL ACT
R.S.O. I960, C.249
as amended in 1960-61 and 1961-62
RECOMMENDATIONS
Observations; It has been recomraended
that all the Acts which contain legislation per-
taining exclusively to mxinicipalities should be
embodied in The Municipal Act. The Acts referred
to are The Assessment Act, The Local
Improvement Act, The Planning Act, The Voters*
Lists Act - Parts I and II and The Municipal
Franchise Extension Act. Consolidation would be
effected by treating each of the subjects as a
separate part of The Municipal Act*
Reconamendation: That there be one Interpretation
Section containing the general interpretations
applicable to the Acts being consolidated.
PART I
FORMATION, ERECTION, ALTERATION OF
BOUNDARIES, AND DISSOLUTION OF
MUNICIPALITIES, ETC.
SECTION 11
Observations: This section permits a village
or town having a population of not less than 15, 000
to make an application for erection into a city but
requires a township to have a population of not less
than 25,000 before a sinnilar application may be nnade.
There is no necessity for distinguishing between
towns, villages and townships in this regard.
Recommendation: That towns, villages and
townships having a population of not less than 15,000
may make application to the Ontario Municipal Board
to be erected into a city.
13
THE MUNICIPAL ACT
SECTION 13
Observations: This section provides that
the Ontario Municipal Board must divide a city and,
at its discretion, raay divide any other local
municipality into wards.
Recommendation; That there be permissive
legislation enabling any municipality to divide itself
into wards and this power should not be mandatory
in the case of cities,
SECTION 14
Observations: This section relates to the
matter of amalgamations and annexations. The
Registry Act provides for the registration of the
municipal by-law as well as the order of the Ontario
Municipal Board, As the order of the Ontario
Miinicipal Board defining the boundaries of lands to
be annexed are quite often dissimilar from the
boundaries of the lands which a municipal corporation
proposes to annex, there is no apparent need for
perpetuating conflict by the registration of both
documents.
Recommendation: That a municipality be required
to register only the Ontario Municipal Board Order
in connection with an amalgamation or annexation
proceeding,
Ob s e rvation s : This section also contains a
definition of a local board which might better be
inserted in the General Interpretation Section of the
Act.
Recomnnendation: That the definition of "local
board" be inserted in the General Interpretation Section
of the Act.
14
THE MUNICIPAL ACT
Observations: The use of the words "Canadian
Citizen" would be more appropriate than "British
Subject" and the necessary changes where these
words occur should be made,
Reconfimendation: That the words "Canadian
Citizen" be substituted for the words "British Subject"
wherever they occur.
Observations: The Committee has recommended
an extension of the franchise to all Canadian Citizens
21 years of age or over who have resided in the
municipality for at least one year prior to the
election, (Sec. 37 - P. 18)
Recommendation: That all persons entitled to vote
at municipal elections be permitted to vote on matters
pertaining to annexations and amalgamations.
Observations: The present section contemplates
a vote in certain circumstances by the people of the
municipality initiating the application for amalgannation
or annexation. The Committee is of the opinion that
the people in the municipality proposed to be annexed
should similarly have a say in the proceedings. In
every instance the people to be annexed to or amalgamated
with another mvinicipality should vote on the question in
addition to the people of the municipality initiating an
application for annexation or amalgamation so that
everyone affected expresses his view. The result of
this vote should be filed with the Ontario Municipal
Board at the time the application is being considered
and weighed as a factor in the proceedings prior to
making an order.
Recommendation: That no application for annexation
or amalgamation be permitted until the matter is
referred to and voted on by the people in the munici-
pality applying for the annexation or amalgamation and also
the people in the municipality which is proposed to be
annexed or amalgamated.
15
THE MUNICIPAL ACT
That the result of the vote be
filed with the Ontario Municipal Board and considered
as one of the factors in the proceedings.
Observations: Representations were made
that municipal employees and their conditions of
employment should be considered on an application
for annexation or amalgamation.
Recommendation: That on an application for
annexation or amalgamation employee relations and
conditions of employment and all disputes in con-
nection therewith shall be considered and arbitrated
by the Ontario Municipal Board.
SECTION 24
Observations: The legislation dealing with the
creation and operation of inter-urban areas was
enacted in 1954 and the Connmittee was informed
that it has been applied only once. Section 250a^
enacted at the 1961-62 Session of the Legislature
permits a local naunicipality to pgiss by-laws for
entering into and performing any agreennent with any
other coixncil for executing, at their joint expense and
for their joint benefit, any work within the jurisdiction
of the council. It has been suggested that section 24
might be deleted. The pertinent parts of section 25
would also have to be deleted in so far as they apply
to inter-urban areas.
Recommendation: That section 24, section 25 (l)(e)
and section 25 (3) be repealed.
SECTION 25
Observations and
Recommendation: See section 24 where it is recom-
mended that section 25 (l)(e) and section 25(3) be
repealed.
16
THE MUNICIPAL ACT
PART II
MUNICIPAL COUNCILS - HOW COMPOSED
SECTION 34
Observations: The Coramittee is of the opinion
that every Canadian Citizen 21 years of age and over
who has resided in the municipality for at least one
year next preceding the date of the election should be
qualified to sit on council in addition to those persons
qualified to sit on council by virtue of section 34,
Recommendation: That this section be amended
to extend the right to sit on council to those persons
21 years of age or over who are Canadian Citizens and
have resided in the municipality for at least one year
next preceding the date of the election.
SECTIONS 35, 36 and 198a
Observations: The moral and ethical standards
of a municipal council reflect the nnoral and ethical
standards of a community. You can no more legislate
private conscience than you can public morals. However,
it is possible to guide and direct persons in public
office so that they do not become entangled in the net
of self-interest. This is especially important today
because of the size and complexity of government which
often obscures a possible conflict between public and
private interest.
It is essential to appreciate that
a person serves in a public office for the good of the
community and at no time must he permit personal gain
to come into conflict with public trust. He must accept
responsibility with honour, duty with respect. He should
act at all times in good faith and in an impartial and
even-handed way. Only under these circmn stances will
the stigma be removed from political ambition.
17
THE MUNICIPAL ACT
However, the public test of
sterling standards must not be so stringent and
exacting as to disqualify all but deities from holding
public office. An earthly and realistic approach is
necessary to attract persons of integrity, enterprise
and ability.
At present there are certain
people who may be disqualified from sitting on
council because of their position as a director,
manager, treasurer, secretary-treasurer or agent.
These persons, along with their fellow citizens
should not be discouraged from seeking public office.
Sections 35, 36 and 198a
should be completely rewritten so as to emphasize
disclosure, not disqualification. The restriction
prohibiting a member of council from having a
pecuniary interest in a contract or proposed contract
with a coiincil should be lifted, provided disclosure
is made of his interest and he abstains from any
discussion relating thereto and the voting thereon.
It should be made crystal clear
that disclosure of interest by a councillor includes
any private interest, financial or otherwise, direct
or indirect, in any proposed legislation. Failure to
disclose should result in forfeiture of office.
Recommendation: That sections 35, 36 and 198a_
be completely rewritten and combined to ensure that
a person is not disqualified from holding public office
because a conflict of interest situation arises.
That a full disclosure be made by
a councillor when a conflict of interest arises and that
such disclosure be recorded.
18
THE MUNICIPAL ACT
That any raeraber of a council,
commission or board as defined in The Department
of Municipal Affairs Act, who knowlingly fails to
disclose any personal interest, pecuniary or otherwise,
in any proposed legislation, regulation or matter and
who does not absent himself from the room during
consideration or discussion thereof, or voting thereon,
automatically vacates his office and is disqualified
from holding any public office for a period of two years
therefrom,
PART III
MUNICIPAL ELECTIONS
SECTION 37
Observations: This section sets out these
persons who are qualified to be entered on the voters'
lists to vote at municipal elections. In addition to
those persons who are presently entitled to vote
because they are property owners or tenants and
otherwise qualify under this section should be added
those Canadian Citizens who are of the full age of 21
years and have resided in the municipality for one
year next preceding the date of the election,
Recommiendation: That the franchise be extended to
those persons who are Canadian Citizens of the full
age of 21 years and who have resided in the inunici-
pality for one year next preceding the date of the
election,
SECTION 40
Observations: This section provides that any
person whose name appears on the defaulters' list is
disqualified from voting. The defaulters' list is pre-
pared under section 83 and lists those persons whose
taxes are in default and unpaid. Section 379(1), para, 51
enables municipalities to pass by-laws disqualifying an
elector whose taxes are overdue from voting. These
sections should be combined with section 40.
19
THE MUNICIPAL ACT
Recommendation; That sections 40, 83(1) and
379 (1), para» 51 be rewritten and brought under
section 40,
SECTIONS 43 and 44
Observations: Section 43 provides for the
nomination day to be the last Monday in December
and the polling day to be the first Monday in
January next thereafter. Section 44 gives sonme
discretion to local councils to fix the nomination
and polling days other than as provided for in
section 43 (1). Section 184 sets out the first
meeting of covincil of a local municipality. The
Committee feels that sections 43 and 44 should be
rewritten and combined and that section 184
should be amended accordingly.
Recommendation: That sections 43 and 44 be
rewritten and combined to fix the nomination day
and polling days for all municipalities, local boards
and commissions as the last Monday in December
and the first Monday in January next thereafter,
respectively. It is recommended that subsection 3
of section 44 which permits a township to hold its
nomination meeting in a neighbouring municipality
be preserved.
That section 184 be amended
accordingly,
SECTION 56
Observations: Subsection 2 of section 56
provides that in cities having a population of not less
than 100,000 persons the returning officers and
deputy returning officers are appointed on the
recommendation of the clerk. This subsection should
be of general application to all municipalities.
20
THE MUNICIPAL ACT
Recommendation: That subsection 2 of section 56
should apply to all municipalities,
SECTION 66
Observations: Subsection 4 of section 66
provides that where a deputy returning officer does
not show in a city having a population of 100, 000 or
over the poll clerk becomes the deputy returning
officer and he appoints a new poll clerk. The
Committee feels that this section should have
general application to all municipalities.
Recommendation: That subsection 4 of section 66
be amended so that the provisions thereof shall apply
to all municipalities,
SECTIONS 71 and 72
Observations: Sections 71 and 72 provide
for various forms of ballot papers depending upon
the class of the municipality and whether or not
divided into wards.
Re comm endation : That sections 71 and 72 be
combined and simplified to provide for one form of
ballot paper for the election of all offices in all
classes of municipalities and that there be only two
sets of ballot papers, one for municipalities divided
into wards and one for municipalities not divided
into wards,
SECTIONS 75, 76 and 91
Observations: These sections relate to
polling places. Section 91 as amended (see pp.21 and 22)
should be combined with section 60 which pertains
to the using of public and separate schools as
polling places.
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THE MUNICIPAL ACT
Recommendation: That section 91 as amended
be conabined with section 60 and that sections 75
and 76 follow section 61,
SECTIONS 79 to 82
Observations: Section 79 provides that the
list of voters to be used is the last one certified
under The Voters^ Lists Act.
Sections 7 9 to 82 should be
annended in View of the recommendations that
Parts I and II of The Voters' Lists Act be incor-
porated with The Municipal Act and the franchise
extended to include all Canadian Citizens 21 years
of age and over and resident in the municipality
for one year next preceding the election.
The resident voters' list will
have to be prepared in addition to the voters' list
prepared from the assessment roll.
Recommendation: Sections 79 to 82 should be
amended to make provision for the use of the last
resident voters' list.
SECTION 83
Observations and
Recommendation: That subsection 1 be rewritten
and brought under section 40.
SECTION 91
Observations: The provisions of section 91 should
be extended to enable the municipal council by by-law to
declare any hospital, home for senior citizens, or
other institution as a polling place, at which place the
patients or occupants who are entitled to vote may vote.
22
THE MUNICIPAL ACT
Recommendation: That this section be amended
to enable a municipal council to declare by by-law
any hospital, honne for senior citizens, or other
institution as a polling place at which place the
patients or occupants who are entitled to vote may
vote.
SECTION 97
Observations: Several of the briefs submitted
have mentioned the large number of ballots spoiled by
the use of a mark other than a cross and recom-
mendations were made that the marking of a ballot
with other than a cross should not constitute a spoiled
ballot. The Comnnittee is of the opinion that any
type of mark placed in an allowed position should
constitute a legal marking of the ballot.
Recommendation: That any type of mark placed
in an allowed position constitute a legal marking of
the ballot,
SECTION 103
Observations: Representation was made that
some persons permitted to remain in the polling place
have subsequent to the closing of the polls, entered
or re-entered the polling place. This is not a
desirable practice,
Reconnmendation: That this section be amended so
that no person shall be permitted to enter or re-enter
the polling place after the time of the closing of the
polls,
SECTION 105
Observations: In municipal elections the cir-
culation on polling day of any advertising pertinent to
the elections is prohibited. Similar restrictions are
23
THE MUNICIPAL ACT
not applicable to provincial elections. The
Committee feels that identical regulations should
govern municipal and provincial elections.
Recommendation: That section 105 be deleted,
SECTION 114
Observations: This section deals with ballot
boxes and subsection 2 of section 114 deals with
the return of ballot boxes in cities and towns. This
subsection 2 should be of general application to all
muni c ipa liti e s .
Reconamendation: That subsection 2 of section 114
apply to all municipalities,
SECTION 116
Observations: This section restricts the
delivery of the ballot box in a city or town to the
office of the clerk. This legislation should be of
general application to all municipalities.
Recommendation: That section 116 apply to all
municipalities,
SECTION 120
Observations: This section contains a reference
to The Public Health Act for legislation applicable to the
postponement of an election on account of an epidemic or
contagious disease. The Committee considers that
this legislation should be included in The Municipal Act
as an addition to section 120,
Recommendation: That section 123 of The Public
Health Act be added to section 120 of The Municipal Act.
24
THE MUNICIPAL ACT
SECTIONS 121 and 122
Observations; Sections 121 and 122 relating
to "Recount", sections 151 to 177 inclusive per-
taining to "Procedures to Declare Seat Vacant" and
section 273 pertaining to "Scrutiny" are similar in
some respects.
Recommendation; That sections 121 and 122
dealing with "Recounts", sections 151 to 177
inclusive dealing with "Proceedings to Declare
Seat Vacant" and section 273 dealing with "Scrutiny"
be all placed in one Part and that the procedure be
made as similar as possible in regard to such
matters as time of application and recognizance.
That the procedure in these
matters be the same for municipalities and local
boards as defined in The Department of Mxinicipal
Affairs Act,
SECTION 139
Observations; This section provides that no
person shall inspect any ballot paper in the custody
of the clerk except under the order of a judge or
officer. It was suggested that this restriction should
apply to any book, paper or document used in the
election.
Recommendation; That the inspection of any
document related to an election shall require the
order of a judge or officer as is now applicable to
ballot papers,
SECTIONS 144 to 150 Inclusive
Ob s e r vation s ; Sections 144 to 150 dealing with
vacancies in co\incil are in Part III of the Act headed
"Municipal Elections", The Connmittee is of the
opinion that these sections should be in Part II headed
"Municipal Councils - How Composed",
25
THE MUNICIPAL ACT
Recomraendation: That sections 144 to 150 inclusive
be in Part II "Mxonicipal Councils - How Composed", as
amended,
SECTIONS 148, 149 and 150
Ob 8 e r vation s : Section 148 presently provides
that a new election must be held forthwith where a
vacancy occurs in council except for the office of
controller. This section is subject to sections 149 and
150, Section 149 provides that no election is held where
an aldernnan or councillor is elected by general vote.
In this circximstance the person obtaining the next highest
number of votes takes office and in case of a tie the
person having the highest assessnnent takes office.
Section 150 provides that where an alderman or councillor
is not elected by general vote then the council elects
someone to fill the vacancy. The Committee is of the
opinion that a uniform and simplified procedure should
be implemented for the filling of any vacancy on council
in any class of municipality.
Recommendation: When a vaccuicy occurs in the office
of a mennber of council, the council may appoint a
person qualified under this Act to be a member of council
to fill the office for the remainder of the term or may
hold a new election to fill the vacancy,
PART rv
PROCEEDINGS TO DECLARE SEAT VACANT
SECTIONS 151 to 177 Inclusive
Observations and
Recommendation: These sections have been dealt with
under sections 121 and 122, (see p. 24)
SECTION 166
Observations: This section provides for a new
election and for the filling of vacancies in circumstances
26
THE MUNICIPAL ACT
where the election of all members of council is judged
to be invalid or where it is determined that all of them
have beconne disqualified or have forfeited their seats.
This section does not specifically cover a situation
where all members of a council have been killed in a
disaster.
Recommendation: That section 166 be amended to
include a situation where all members of council may-
have been killed in a disaster.
PART V
BRIBERY AND CORRUPT PRACTICES
SECTION 17 9
Observations: This section regulates the
transportation of voters to the poll, A similar pro-
vision is not to be found in The ElectioA Act of the
Province. The Comnnittee feels that this section is
outmoded.
Recommendation: That section 179 be deleted,
PART VI
MEETINGS OF MUNICIPAL COUNCILS
SECTION 184
Observations: In view of the Committee's recom-
mendation that nomination day be the last Monday in
December and that the polling day be the first Monday in
January for all municipalities, local boards and com-
missions, section 184 should be ara ended to pernait that
the first meeting of a local council be held on the second
Monday in January and the first meeting of a county
council be held on the third Tuesday in January and not
otherwise,
Recomimendation: That section 184 be amended to make
it nnandatory that the first meeting of a local council be
27
THE MUNICIPAL ACT
held on the second Monday in January and that the
first meeting of a county council be held on the
third Tuesday in January,
SECTIONS 187, 188 and 189
Observations: Section 187 provides that the
first meeting of a county council shall be held in
the county hall, or if there is none, at the court
house. Section 188 provides for the holding of
subsequent meetings at such place as the council
may appoint. Section 189 pernnits the meetings to
be held in an urban nnunicipality located within the
coiinty boiindaries. Township councils are per-
mitted to meet in an adjacent urban municipality
or township located in the same county. These
sections should be combined and revised to give
directions regarding the holding of council meetings
in all classes of municipalities.
Recommendation: That sections 187, 188 and 189
be connbined and amended to provide that the councils
of municipalities nnay hold meetings in the following
locations, (a) county council - anywhere within the
county, (b) cities, towns and villages - within the
confines of the municipal boundaries, and (c) townships -
within the confines of the township boundaries or within
an adjacent urban municipality.
SECTION 190
Observations: The general principle that meetings
of mvinicipal councils and local boards shall be open to
the public is restricted by the exception of certain de-
fined bodies. The Cominittee is of the opinion that
all meetings of municipal councils and local boards
should be open to the public except when a resolution in
writing is passed declaring that the meeting shall not be
open to the public. Section 199 dealing with the adjourn-
ment of council meetings should be transferred to this
section.
28
THE MUNICIPAL ACT
RecoiTimendation: That section 190 be amended to
make provision that the meetings of every council and
of its committees and of every local board as defined
by The Department of Municipal Affairs Act, shall be
open to the public except when a resolution in writing
is passed declaring that the meeting shall not be open
to the public.
That section 199 be transferred
to section 190.
SECTION 193
Observations: This section deals with the place
of special meetings. Should the recommendations made
with regard to sections 187, 188, 189 and 190 be
adopted this legislation is no longer required.
Recommendation; That section 193 be deleted.
SECTIONS 196 and 197
Observations: The Committee is of the opinion
that when a member of council is disqualified to vote
by reason of interest or otherwise he should absent
himself from the council chamber during the discussion
of the matter and the voting thereon and that every
member of council who is present and not disqualified
to vote shall not be permitted to abstain from voting.
Recommendation: That sections 196 and 197 be
consolidated and revised to additionally provide that
any member of the council who is disqualified to vote
by reason of an interest or otherwise shall absent
himself from the council chamber during the discussion
and the voting thereon. Every other member shall vote
on the matter,
SECTION 198
Observations: This section prohibits a member
29
THE MUNICIPAL ACT
of council from voting on any by-law appointing him to
any office. The words "in the gift of the council" are
redundant and should be deleted.
Recommendation: That section 198 be amended
by deleting the words "in the gift of the council",
SECTION 198a
Observations and
Recommendation: This section has been dealt with
xander sections 35, 36 and 198a^. (See pp. 16 to 18)
SECTION 199
Observations: It has been recommended that
this section which deals with the adjournment of council
meetings be transferred to section 190 which deals with
open meetings.
Recommendation; That section 199 be transferred to
section 190,
PART VII
BOARDS OF CONTROL
SECTIONS 201 to 207 Inclusive
Observations: It has been suggested that the
functions of a board of control might be performed
adequately by a committee of council. However, should
it be desired to continue the present form of administration
it does not appear logical that a board of control be manda-
tory in a city having a population of 100,000 or over with
provisions for the passing of a by-law dispensing with a
board of control by a two-thirds vote of all the mennbers
of the coiuacil, while other local municipalities of similar
population and cities having a population of 45,000 to
100,000 require a vote of two-thirds of all the members
of the council to pass a by-law establishing a board of control.
30
THE MUNICIPAL ACT
The establishment of a board of control should be left
to the discretion of the council of the local municipality
and the restriction to municipalities of not less than
45, 000 population should be removed. The Committee
is also of the opinion that the powers and duties of a
board of control should be set out in the by-law passed
by council. Permission should be given to municipal
councils to permit the boards of control to exercise any
of the powers and duties of council.
Recommendation: That local municipalities be
empowered to establish boards of control by by-law
passed by a nnajority of the naunicipal council and the
powers and duties of the board of control be set out in
the said by-law. Sections 202 to 207 inclusive be
amended accordingly,
PART VIII
OFFICERS OF MUNICIPAL CORPORATIONS
Observations: In recent years in some of the
larger municipalities there has developed a need for a
new type of administrative official. The duties of this
person are designated by the council and usually include
administration of office procedure, coordination of
departments, and, to the extent desired, liaison
between the departments and council. Several munici-
palities have appointed such an official but the legis-
lation does not specifically make provision for this
appointnaent.
Recommendation: That legislation be enacted to
enable a council to employ a manager or general
administrative head to be known as the municipal
administrator or manager whose powers and duties
shall be set out by by-law,
SECTION 222
Observations: The treasurer is required to prepare
and submit to council half-yearly a statement of the
money at the credit of the corporation, A statement which
31
THE MUNICIPAL ACT
may conform to the requirements will not necessarily
provide council with the information required as a
basis for making soiond financial decisions.
Recommendation: That section 222 be amended
to require that every treasurer shall prepare and
subnnit to the council, half-yearly, a full financial
statement,
SECTIONS 225 to 227 Inclusive
Observations: These sections relate to
assessnnent matters and should be transferred to
the Part of the Act dealing with assessment. Section
227 is similar to section 93b of The Assessment Act
and should be repealed, (see p. 74 )
Recomnnendation: That sections 225 and 226 be
transferred to the Part of The Miinicipal Act per-
taining to assessment and section 227 be repealed,
SECTION 226
Observations: Subsection 6 of section 226
states that in a municipality which has an assessment
commissioner, all assessment notices which otherwise
should be sent to the clerk shall be sent to the
assessment commissioner. The Connn^ittee considers
that this change in the person to be notified may be
confusing to the person wishing to file a notice and
may be responsible for the notice not being filed within
the tin^e limit and thus prejudicially affect the case of
the person nnaking the notification. The clerk is the
municipal officer who traditionally receives all notices
and transmits these to the officers and departments
concerned and the Committee can see no reason for
varying the procedure.
Recommendation: That subsection 6 of section 226
be amended to require that all notices in matters relating
to assessment be sent to the clerk and not to the assess-
ment commissioner.
32
THE MUNICIPAL ACT
SECTION 234
Observations: The Committee is of the opinion
that municipal officials whose duties entail the handling
of municipal funds should be required to furnish the
council with security for the faithful performance of
their duties. Subsection 7 makes this section applicable
to the treasurer and every other officer of a local board
as defined in The Department of Municipal Affairs Act
with the exception of a school board. The Committee
can see no reason for the exemption of the officials of
the school board. The Committee is also of the opinion
that every municipal official should annually give
security for the faithful performance of his duties.
Recommendation: That section 234 be amended so
as to include the officials of a school board. That every
officer of a municipal corporation be required to annually
give security for the faithful performance of his duties.
SECTION 236
Observations: Should the legislation be amended
to permit the appointment of a mxinicipal administrator or
manager he should be required, along with the municipal
officials named in subsection 1, before entering on the
duties of his office to make and subscribe a declaration of
office. The Comraittee is also of the opinion that the
members and officials of local boards as defined in The
Department of Municipal Affairs Act should be required
before entering on the duties of the office to nnake and
subscribe a declaration of office similar to Form 20.
Recommendation: That section 236 be amended to
include naunicipal administrator or manager and that
every merr'-»er and official of any local board as defined
in The Department of Municipal Affairs Act make a
declaration similar to Form 20 before entering on the
duties of his office.
33
THE MUNICIPAL ACT
SECTION 241
Observations: Section 241 deals with judicial
inquiries in relation to municipal matters and section
320 relates to judicial inquiries into financial matters.
There is no reason why a uniform procedure could
not be adopted in regard to inquiries into all municipal
matters.
Recommendation; That sections 241 and 320 be
rewritten and combined to provide for a uniform
procedure for the initiation of an inquiry, the con-
duct of same and the payment of costs connected
therewith. The inquiry should be initiated by the
Minister of Municipal Affairs either in his own right or
by request of the m\inicipal council or by 5 per cent
of the voters entitled to vote at elections according
to the last revised voters' list and/or resident voters'
list.
PART IX
GENERAL PROVISIONS APPLICABLE
TO ALL MUNICIPALITIES
SECTION 242
Observations: Section 9 states that the powers
of a municipal corporation are exercised by its council,
section 274 deals with the passing of by-laws by council
and section 242 states that the powers of every council
shall be exercised by by-law. It is suggested that
sections 9 and 274 be combined with section 242.
Recommendation: That section 9 which states that
the powers of a municipal corporation are exercised
by its council and section 274 which deals with the
passing of by-laws by council should be rewritten and
combined with section 242.
34
THE MUNICIPAL ACT
SECTION 246
Observations: The fiscal year of the Province of
Ontario is from April 1st to March 31st and the budget
for the ensuing year is presented to the Legislature at
the Spring Session, Information regarding the grants
which the Province will make to the municipalities is
not available until the Provincial Budget is approved.
Since the municipality operates on the calendar year
basis it is impossible for the council to fix the tax rate
early in the financial year. The inevitable delay in
presentation of the tax bills results in a small amount
of revenue being received during the early months of the
year. In order to obtain sufficient operating funds a
municipality is frequently forced to borrow and the
interest on this loan increases the cost of operation.
It has been suggested that adoption of the Provincial
fiscal year by all the inunicipalities and their local boards
would decrease the cost of operations and result in a
decrease in the tax rate.
Recommendation: That consideration might be given
to changing the fiscal year of municipalities and local
boards as defined by The Department of Municipal Affairs
Act so that they coincide with the fiscal year of the
Province of Ontario. (April 1st to March 31st) .
That the Province give consideration
to the payment of grants to municipalities with the aim of
minimizing the municipal temporary borrowing.
SECTION 247
Observations: Subsection 1 of section 247 states
that a municipality has the power to license and the power
to prohibit the carrying on of or the engaging in any trade,
calling, business or occupation without a licence. It was
noted that sections dealing with the passing of by-laws to
license, regulate and govern also include the revoking of a
licence. It was suggested that subsection 1 be amended to
contain a full statement of the power of a municipality
35
THE MUNICIPAL ACT
regarding licensing. Section 247 (9) provides that a
decision of a board of commissioners of police in
refusing or revoking a licence is subject to an appeal
therefrom to a Judge of the Supreme Court whose
decision is final. No similar provision applies in
the case of an appeal from a decision of a council
or a licensing commission. The Committee is of the
opinion that appeals should be permitted in every
instance. The present legislation should accordingly
be amended to provide for the right of appeal not only
to a Supreme Court Judge but also the Appellate Division
of the Supreme Court of Ontario.
Recommendation: That subsection 1 of section 247
be amended to include the power to revoke a licence.
That subsection 9 of section
247 be amended to provide for an appeal to the Supreme
Court of Ontario from the decision of a council,
licensing commission or police commission,
SECTION 249
Observations: Tliis section permits cities to
grant to any person the exclusive right to place and
maintain iron waste paper boxes on the streets. This
section should be of general application to all inunici-
palities.
Recommendation: That section 249 be amended to
apply to all municipalities and that the word "iron" be
struck out.
SECTION 250
Observations: This section permits a city to
establish and carry on the business of cold storage in
connection with or upon the ma rket property of the
corporation. This section should be of general application
to all municipalities.
36
THE MUNICIPAL ACT
Recommendation: That section 250 be amended to
apply to all municipalities,
SECTION 251
Observations: This section deals with the
borrowing powers of the council and should be shown
prior to section 302 in Part XIV of the Act.
Recommendation: That section 251 be placed prior
to section 302 in Part XIV of the Act,
SECTION 252
Ob s e rvation s : Section 252 does not state any
procedure by which a municipality is authorized to
make the necessary financial arrangennents for the
carrying out of the joint project. When a joint municipal
project is undertaken the debt created is divided among
the participating municipalities. Legislation covering
the division of the annual debt charges, both principal
and interest, and providing for the raising of the amount
required in each year is contained in subsection 13 of
section 282, The Committee suggests that this should
be relocated in section 252 which deals with debentures
for joint vinder takings.
Recommendation: That section 282 subsection 13
become section 252, subsection 2a,
SECTION 253
Qb s e rvation s : Section 253 deals with the
authentication of by-laws. This section should follow
either section 243 or section 244,
Recomraendation: That section 253 which deals with
the authentication of by-laws should follow either section
243 or section 244,
37
THE MUNICIPAL ACT
SECTION 254
Observations: The Committee is of the opinion
that the clerk of the miinicipality should be the only-
person certifying the sufficiency of petitions.
Recommendation; That section 254 be amended by
deleting subsection 2 and the reference to the assess-
ment commissioner,
PART X
VOTING ON BY-LAWS
SECTION 255
Ob s e rvation s : Section 255 is an interpretation
section and where possible should be transferred to
the General Interpretation Section of the Act.
Recommendation: That section 255 be transferred
to the General Interpretation Section of the Act where
possible,
SECTION 256
Observations: Section 256 deals with corrupt
practices and is similar to the provisions pertaining
to voting at municipal elections. It is felt that if all
the provisions of The Municipal Act applicable to the
election of naunicipal coimcils were naade to apply
mutatis mutandis to the voting on by-laws and if the
provisions which do not apply were retained and trans-
ferred iinder the relevant heading "Elections" this
whole part dealing with voting on by-laws could be
deleted, (Sections 256 to 272),
Recommendation; That sections 256 to 272 inclusive
which deal with voting on by-laws be transferred to
Part III entitled "Municipal Elections",
That all the provisions of Part X
applicable to elections of municipal co\ancils be made to
38
THE MUNICIPAL ACT
apply mutatis mutandis to voting on by-laws and that
the provisions which do not apply be retained and
transferred under the relevant heading "Municipal
Elections",
That sections 256 to 272 be
deleted.
SECTION 260
Observations: This section provides that only
certain persons may vote on money by-laws and it has
been recommended that all persons over 21 years of age
with certain qualifications be entitled to vote thereon,
Recomnaendation: That this section be amended to
allow all persons qualified to vote at municipal
elections to vote on money by-laws,
SECTIONS 261 and 262
Observations: These sections make provision
for the preparation of a list of municipal electors who
are entitled to vote on money by-laws and since it is
recomnnended that all persons entitled to vote at an
election are entitled to vote on money by-laws, (section 260)
this section should be deleted.
Recommendation: That since all persons entitled to
vote at an election are entitled to vote on money by-laws
it is recommended that sections 261 and 262 be repealed,
SECTION 264
Observations: In a municipality divided into wards
a voter is entitled to vote on a money by-law in each ward
in which he has the required qualification but on any other
by-law or on any question he is permitted only one vote.
Thus the number of votes a property owner will have on a
money by-law is determined by the number and location
39
THE MUNICIPAL ACT
of the properties. When this legislation was enacted
the number of properties owned may have been
indicative of the stake of the taxpayer in the munici-
pality, however, the Committee does not believe that
this is now a valid criterion for determining the
number of votes to which a property owner is entitled.
Recommendation: That section 264 be amended
to provide that in municipalities divided into wards
the voter is entitled to vote only once on any by-law
including a money by-law.
SECTION 265
Observations: This section provides that the
clerk, if otherwise qualified, is entitled to vote but
not to give a casting vote. Section 41 provides that
the clerk of the miinicipality is not entitled to vote
except to give a casting vote as provided in section 119
where the result of the recount indicates that the
vote is still tied.
Recommendation: That section 265 be deleted.
SECTION 266
Observations: This section deals with the form
of ballot papers and the ballot paper used in connection
with the voting on by-laws and questions. The Committee
feels that this section should be part of section 72,
Recommendation: That this section should be rewritten
and combined with section 72 which deals with the
"Form of Ballot Papers".
SECTION 268
Observations: Subsection 2 of this section pertains
to the form of oath to be taken by a voter on a money by-
law. Since all voters are entitled to vote on all by-laws
only one form of oath is necessary.
Recommendation: That subsection 2 of section 268 be
deleted.
40
THE MUNICIPAL ACT
SECTION 273
Observations and
Recommendation: This section has been dealt with
under sections 121 and 122, (See page 24)
SECTION 274
Observations and
Recommendation: This section has been dealt with
under section 242, (See page 33)
SECTION 27 5
Observations: Section 275 deals with the
promulgation of by-laws and should be placed in
Part IX of the Act,
Recommendation: That section 275 which deals with
promulgation of by-laws should be placed in Part IX -
General Provisions Applicable to all Municipalities,
This section should follow section 243 or section 244,
PART XI
QUASHING BY-LAWS
SECTION 280
Observations: This section provides that an
application to quash a by-law must be made within one
year with the exception of a by-law that requires the
assent of the electors which did not receive such assent.
Recommendation: That this section be amended to
provide that all by-laws other than nnoney by-laws may
be quashed at any time,
PART XII
MONEY BY-LAWS
SECTION 281
Observations: Interpretation of the words
41
THE MUNICIPAL ACT
"rateable property" is contained in this section.
The Committee feels that these words could be
defined in the Interpretation Section of the Act,
Re coram endation : That the interpretation of
"rateable property" be placed in the Interpretation
Section,
That section 281 be deleted,
SECTION 282 (13)
Observations and
Recommendation: This section has been dealt
with under section 252, (See page 36)
SECTION 284
Observations; Subsection 2 of section 284
provides that the amount to be placed in a fund for
the liquidation of the principal of the debentures
shall be calculated on an estimated interest rate not
exceeding 3 per cent per ann\am. The rate stated
is a very conservative figure compared to present
market standards and the Committee feels that it
might be raised to a more current figui'e,
Reconn.m endation: That the interest rate be
changed from 3 per cent to 5 per cent per annum,
SECTION 286
Observations: Section 286 provides that a
mixnicipal corporation with the assent of the electors
may incur any debt, the payment of which is not
provided for in the estimates of the current year.
This section should be read in conjunction with the
provisions of The Ontario Municipal Board Act, The
Committee is of the opinion that in practice the
assent of the electors is seldom sought as generally
the approval of the Ontario Mvmicipal Board is
substituted therefor.
42
THE MUNICIPAL ACT
The reference to a two-third
vote of council in subsection 3, clause (h) should be
deleted as the Committee feels that the affairs of the
council should be governed by a majority vote of the
members thereof.
Recommendation: That the approval of the
Ontario Municipal Board be substituted for the
assent of the electors in all cases involving the
incurring of a debt, the payment of which is not
provided for in the estimates of the current year.
That the reference to the two-
thirds vote be deleted and that the affairs of the
council be determined by a nnajority vote of the
members thereof,
SECTION 287
Observations: Section 287 provides that a
municipal corporation may enter into a contract for
the supply of a public utility service with the assent
of the electors.
Recommendation: That a municipal corporation
be permitted to enter into a contract for the supply of
a public utility service with the approval of the
Ontario Municipal Board, reserving the right to the
Ontario Municipal Board to direct a vote of the people,
SECTION 292
Observations: This section provides for every
municipal officer to be penalized for the refusal or
neglect to carry out his duties.
Recommendation: That a general penalty clause be
enacted so as to apply to all illegal acts of omission or
commission.
43
THE MUNICIPAL ACT
SECTION 293
Observations: This section provides for the
registration and quashing of money by-laws. The
Committee has recommended (see section 280, page 40)
that an application to quash a by-law, other than a
money by-law, may be made at any time. Section 293
should also be amended in conjunction with section 280
to provide that a money by-law may similarly be
quashed at any time, subject to the provisions of The
Ontario Municipal Board Act (Section 61), The
Committee is of the opinion that the reference to
registration of a money by-law is of little consequence
as it is only permissive.
Recommendation: That section 293 be revised in
conjunction with section 280 to provide that money
by-laws may be quashed at any tirae subject to
section 61 of The Ontario Municipal Board Act,
That the reference to registration
of money by-laws be deleted,
PART XIII
YEARLY RATES AND ESTIMATES
SECTION 294a
Observations: Prior to the adoption of the
estimates for the current year the council of a local
municipality may levy a sum not exceeding fifty per
cent of the amount produced by the application of the
previous year's general purpose public school
residential rate to the assessment for real property,
according to the last revised assessment roll. The
Committee can see no reason for the exclusion of
business assessment or the limitation of the rate to
that applied to residential property.
Recommendation: That section 294a^ be amended
to apply to business assessment as well as real
property assessnnent and that the rate applicable be
either commercial or residential according to the
use of the property.
44
THE MUNICIPAL ACT
SECTION 297
Observations: At present the council of a
naunicipality must include in the tax levy the funds
required for school purposes and for various boards
and commissions. In sonne instances the council
has no jurisdiction over the budget submitted and
acts only as a collection agency. The municipal
council is responsible for the provision of certain
services, and addition of the budgets over which it
has no control may produce an iinreasonably high
tax levy. The Cominittee believes that the municipal
council should be given the right to establish the
priority of need for all the services to be provided,
A council naay by by-law establish the date when
the estimates shall be submitted by all boards and
commissions for which the municipality is required
to levy. Should the estimates not be received within
the time prescribed delay will occur in the setting
of the tax rate and the presentation of the tax bills.
The Committee believes that non-receipt of the
estimates of a board or commission within the time
specified in the by-law should not be permitted to
delay the council in establishing the tax rate.
Recommendation: That section 297 be anni ended to
provide that a local council nn.ay amend rates or other-
wise alter, with the approval of the appropriate
minister, the estinnates of any board, comnnission or
other body for which the council is by law required to
levy and rate.
That where a board or commission
or other body fails to file its estimates within the tinne
stipulated in the council's by-law, the council may levy
a rate not exceeding the rate which was included in the
tax levy of the preceding year for the board, commission
or body concerned.
45
THE MUNICIPAL ACT
SECTION 298
Observations: This section deals with
reserve funds and provides for a two-thirds vote.
It has been recommended that where a two-
thirds vote appears it shall be replaced by a
majority vote of all the members of the covincil,
Recomraendation: That section 298 be amended
to delete the necessity for a two-thirds vote of
the members of a council, board, commission or
local authority and that only a majority vote of all the
members be required.
SECTION 299
Observations: This section provides that a
municipal corporation with the approval of the
Department of Municipal Affairs may spend
contributions made by subdividers if they are not
needed for the purpose for which they were
collected.
Recommendation: That the approval of the
Department of Municipal Affairs be not necessary
for the expenditure of contributions made by
subdividers not required for the purposes for which
they were collected.
46
THE MUNICIPAL ACT
SECTION 301
Observations; This section contemplates the
fiscal year of the municipality commencing on the
first day of January. In the event that the fiscal year
does not comnaence on the first day of January as has
been suggested, this section should be amended
accordingly, (See section 246 - page 34)
Recommendation: That this section be amended
to read that the rates imposed for any year shall be
deemed to have been imposed and be due on and from
the first day of the fiscal year lonless otherwise
expressly provided in the by-law by which they are
imposed,
PART XIV
RESPECTING FINANCES
SECTION 302
Ob s e r vation s : Moneys not iramediately
required by the municipality raay be invested in
securities named or in fixed-term deposits with any
chartered bank. It was submitted that Canadian
Trust Companies now provide adequate security to
permit them to be a depository for public funds and
that the higher rate of interest paid would be an
acceptable addition to m^lnicipal funds.
Recommendation: That this section be amended
to permit municipalities to invest monies not
required immediately in fixed-term deposits with
any Canadian Trust Company.
SECTION 303
Observations: The present legislation
respecting the keeping of separate accoionts and
special accounts should be clarified to make it plain
47
THE MUNICIPAL ACT
that not only separate accounting but also separate
bank accounts are required,
Recomraendation: That this section and all
relevant sections in The Municipal Act be amended
to make it clear that separate bank accounts are
required,
SECTION 304
Observations: Section 304 permits cities to
consolidate the interest upon every debt and also to
consolidate its sinking funds of every debt. The
Committee feels this should be applicable to all
municipalities,
Recomnnendation: That all municipalities be
permitted to consolidate their interest accounts upon
all debts and to consolidate their sinking funds,
SECTION 32 0
Observations: Section 320 pertains to the
issuance of a commission of inquiry into financial
affairs of any municipality or local board.
Recommendation: That there be a uniform procedure
for the initiation of an inquiry as recommended under
section 241, (See page 33)
SECTION 323
Observations: No provision is made for the
treasurer to delegate authority for the carrying out of
routine procedures in the transferring of ownership of
debentures issued by the municipality. The Committee
believes that the treasurer should be permitted to
delegate his authority for the making of the necessary
record.
48
THE MUNICIPAL ACT
Recommendation: That section 323 be amended
to enable an official authorized by the treasurer to
perform the duties of the treasurer under this
section.
SECTION 329
Observations: Section 329 pertains to
temporary borrowing by municipalities. The limit
set upon the amount that may be borrowed under
subsection 1 is stated in almost identical terms in
subsections 2 and 3. The earlier subsection appears
to apply before any revenue on account of the current
year has been received and the later subsection applies
at any other time. Subsection 3 appears to adequately
cover the situation.
Recommendation: That subsection 2 be deleted.
Observations: Subsection 4 of this section
states that at any time after June 30th the treasurer
is required to furnish to the lender certain infor-
mation but is not required to state the amount of
revenue received in the current year. The Committee
believes that a lender should be entitled to a full
statement of the facts whenever a loan is inade under
this section.
Recommendation: That section 329 (4) be anaended
by deleting the reference to June 30th and making it
necessary for the municipality to submit a full
statement to the lender, including the revenue received
in the current year.
Observations: Deletion of subsection 2 necessitates
the deletion of the reference to this subsection in
subsection 5 and an amendment should be made to
provide for disclosure of information regarding the
amount of revenue of the current year already
collected.
49
THE MUNICIPAL ACT
Re coram endation: That subsection 5 of section
329 be amended to provide that until such estimates
are adopted, the limitations upon borrowing
prescribed by subsection 3 shall temporarily be
calculated upon the estimated revenues of the
corporation as set forth in the estimate adopted for
the next preceding year less the amount of revenue
of the current year already collected,
PART XV
ACQUISITION OF LAND AND COMPENSATION
SECTIONS 338 and 339
Observations; These sections give a local
municipality the right to pass a by-law that freezes
land for the future establishment, extension or
widening of a highway. Factors to be considered
in the way of compensation are expressed and
limitations are imposed in this regard but the
Ontario Municipal Board has authority to grant
special relief in certain cases. These sections
are not as important today because of the development
of community planning. The adoption of an official
plan often establishes the long-term road requirements
of a municipality. The imposition of zoning by-laws
implement the official plan and regulate the setback
of buildings and structures from the roads. The
Committee is of the opinion that these sections are
no longer required.
Recommendation; That sections 338 and 339
be repealed,
SECTIONS 340 to 346 Inclusive
Observations; These sections in general
pertain to corapensation for expropriation, injurious
affection and payment of money into court by the
expropriating authority. In the event that a
50
THE MUNICIPAL ACT
uniform Expropriation Act is passed, as recom-
mended by the Select Committee on Land
Expropriation, these sections would not be
necessary as no doubt the subject matter would be
embodied in that Act.
Recommendation: That these sections be
repealed if a new Expropriations Act is passed in
accordance with the recommendations made by the
Select Committee on Land Expropriation,
PART XVI
ARBITRATIONS
SECTIONS 347 to 349 Inclusive
Observations: These sections pertain to
arbitrations. The observations of the Select
Committee on Land Expropriation in connection with
the tribunal that determines the compensation are
sound and the Conamittee concurs in the establishment
of a special tribunal as therein recommended. If the
recommendations of the Select Committee on Land
Expropriation in this regard are adopted and the
necessary legislation enacted there would be no need
for these sections.
Recommendation: That sections 347 to 349 be
repealed if the recommendations of the Select
Committee on Land Expropriation in this regard are
adopted and the necessary legislation enacted,
PART XVIII
RESPECTING THE ADMINISTRATION OF JUSTICE
SECTIONS 352 to 375 Inclusive
Observations: Sections 352 and 353 provide that
every city and town must establish and maintain a
police office and accommodation for the officers con-
51
THE MUNICIPAL ACT
nected with it. Sections 354 to 357 inclusive,
pertain to the establishment of court houses and
jails. Sections 358 to 362 inclusive, relate to
the care of court houses and jails and sections
363 to 375 inclusive, deal with the costs and
expenses of court houses and jails. Munici-
palities are the agents of the Province in matters
respecting the administration of justice,
Reconannendation: That consideration be
given to implementing the recommendations of
the Select Comnnittee appointed by the Legislative
Assembly of the Province of Ontario to study and
report upon problems of delinquent individuals and
custodial questions, and the place of reform
institutions therein in connection with jails and
that the Province assiime the total cost of the
administration of justice,
PART XIX
POWERS TO PASS BY-LAWS
SECTIONS 377 to 411 Inclusive
Observations: These sections enable munici-
palities to pass by-laws for numerous specified
purposes without being set out in any logical order
by subject matter or otherwise. Included in these
sections, among other things, is the power to
license, prohibit and regulate.
Certain sections pertain only
to a particular class of municipality, others to a
municipality in unorganized territory and still others
to a municipality having a specified population, Sonne
sections include a board of commissioners of police
in cities generally, or according to population.
The class or size of a munici-
pality no longer appears to be a valid criterion for
determining a municipality's powers.
52
THE MUNICIPAL ACT
Certain sections of The
Municipal Act deal with building restrictions and
building by-laws. Section 31 of The Planning Act
presently provides for the passing of building
by-laws. The Committee is of the opinion that
all legislation governing building by-laws should
be in The Municipal Act and that provision should
be made for an expiration date of a building
permit, (See The Planning Act- sec. 31 , p. 91 )
Representation was made
requesting legislation to enable a municipality to
enter into an agreement with any other munici-
pality or person for ambulance service,
Recoraraendation: That all na-unicipalities be
given similar powers under these sections and
that the powers be segregated by subject matter.
That the provisions of
section 31 of The Planning Act pertaining to building
by-laws be incorporated into The Municipal Act and
that there be provision for an expiration date of a
building permit and any renewal thereof.
That legislation be enacted to
enable a municipality to enter into an agreement
with any other municipality or person for arabulance
service upon such terms and conditions and for such
consideration based on cost as may be agreed upon,
provided that notwithstanding the provisions of any
such agreement no liability accrues to the munici-
pality or person for failing to supply the use of
ambulance service,
SECTION 37 9
Observations and
Recommendation: This section has been dealt with
under section 40, (See pages 18 and 19)
53
THE MUNICIPAL ACT
PART XXII
POLICE VILLAGES
SECTIONS 487 to 490 Inclusive
Observations: These sections provide for
the erection and annexation of additional territory
to police villages in counties and provisional
judicial districts. There is very little justification
for police villages in Ontario and either of two
courses of action could be taken. Firstly, all
police villages could be dissolved within a
stipulated period of time so as to enable the
present police villages to apply for village or town
status, or be absorbed as part of the township in
which they are geographically loc'ated. Secondly,
the formation of police villages could be prohibited.
Recommendation: That the formation and
addition of territory to police villages be dis-
continued and that sections 487 to 490 inclusive
be repealed.
SECTION 514
Observations: Under certain conditions the
board of trustees of a police village may be
incorporated. Should the above recommendation
in regard to police villages be implemented the
incorporation of boards of trustees should no longer
be permitted.
Recommendation: That section 514 be repealed.
54
THE MUNICIPAL ACT
FORM 7
Observations: Adoption of the recoramendations
made under section 97 will require amendment of
Form 7 - Directions for the Guidance of Voters in
Voting.
Recoramendation: That the necessary changes be
made in Form 7 to bring it into conformity with
recommendations re section 97 which may be adopted,
FORM 12
Observations: Item 2 of Fornn 12 should be
amended to conform with the recommendation made
in section 37.
Reconamendation: That item 2 be brought into
confornaity with the recommended Revision of section
37. (See page 18)
55
THE ASSESSMENT ACT
R.S.O. I960, C. 23
as amended in 1960-61 and 1961-62
RECOMMENDATIONS
Observations: From the many submissions
received, and after a detailed study, it would appear
that many sections of the present Act deal exclusively
with assessment principles and procedures, while
others deal with taxation principles and procedures.
It is noted that the sections dealing with assessraent
and taxation are intermingled to a degree that makes
it difficult for a person to ascertain the portion in
which he is interested,
Recomnnendation: That those sections of the Act
dealing specifically with assessment be placed under
the general heading "Assessment" and those sections
dealing specifically with taxation be placed under the
general heading "Taxation",
IN TE RP RE TA T ION
SECTION 1
Ob s e rvation s : The Committee noted that some
of the Acts dealing with nnunicipal law contain inter-
pretations which are applicable only to that particular
Act, and interpretation sections in some Acts are
entirely contrary to those found in other Acts, It was
also ascertained that in some Acts interpretations
were inserted for the purpose of the particular section
only and other sections contain different provisions.
For example, the acreage of a farm necessary to permit
a farmer's son, daughter, etc. to vote at municipal
elections (24, l,a) is different than the acreage of a
farm necessary to allow for the exemption from mill
rates for certain municipal services which do not
benefit the land (37, 1),
56
THE ASSESSMENT ACT
Recommendation: That where possible uniform
definitions should apply to all sections of municipal
legislation.
EXEMPTIONS
SECTION 4
Observations: The Committee noted the large
number of tax-exempt properties in Ontario, This
means that properties exempt from taxation receive
the benefit of municipal services, the cost of which
is borne by properties subject to taxation. Many
of these exemptions are authorized by public and
private Acts. In many cases provision has been made
to leave the exemption to the discretion of the
municipal council. Some of the Acts, e.g. , The
Assessment Act, The Local Iraprovement Act, have
granted exemption in any municipality in Ontario.
The Committee has given a great deal of study to
this matter and realizes the need for certain organ-
izations to enjoy the benefit of tax-exempt property so
that they may carry on their worthwhile activities.
Consideration was given to:
(a) restricting the exemption to a percentage
of the actual value of the property;
(b) excluding from exemption certain types of
properties which formerly enjoyed this
privilege, such as cemetery plots sold for
the purpose of profit or gain; and
(c) allowing municipal councils to grant exemptions
on an overall basis or to tax all properties and
to make a grant up to the amount of the tax
levied on exempt properties.
Recommendation: That property used solely for
religious purposes be exempt from taxation.
That all future exemptions for
properties used for charitable and community purposes
be left to the discretion of the local municipal council.
57
THE ASSESSMENT ACT
BUSINESS ASSESSMENT
SECTION 9
Observations: Many of the briefs dealt with
the principle of business assessment and taxation.
Reference was made frequently to the percentages
applicable in the calculation of business assessment
and pertained to both the numerous categories and
wide divergence.
This legislation was enacted
in 1904 and has remained virtually unchanged. It is
probable that at that time there were logical economic
reasons for the percentages allocated, however,
changes in the economic status of some businesses
makes the continuation of their use difficult to
justify. Also new types of businesses have evolved and
the multiplicity of rates increases the problem of
allocation. Representations have been made that
some types of business which have been in operation
for many years are not allocated by all assessors to
the same category. Several briefs have mentioned
the diversity of the rates applied and one containing
statistics covering a 54% sample of the member firms
listed 17 rates ranging from less than 10% to over 60%,
Many of the percentages listed do not conform to the
provisions of the Act, Also some of the statistics
supplied in response to a questionnaire sent to all
municipalities gave an indication that the rates stated
in the legislation are not being applied in all instances.
The assessed value of the land
and buildings occiapied is not indicative of either the
volume or productivity of the business and it is
possible that a tax levied on this base may bear most
heavily on those least able to pay. Examination of the
assessment statistics in the I96I Annual Report of
Municipal Statistics connpiled by the Department of
Municipal Affairs shows business assessment as 11%
58
THE ASSESSMENT ACT
of total assessment. By class of municipality the
percentages are: cities 12.8; Metropolitan Toronto 12,6;
towns 11,0; separated towns 9.3; villages 8.2; and
townships 4, 5, It will be noticed that the higher
percentages apply to the more urbanized communities,
however, the differences in the economies of
municipalities of the same class show wide variations.
Cities vary from 9.5% to 19.0%, separated towns from
2. 0% to 17,4% and the raunicipalities in the Metropolitan
Toronto Area from 2,3% to 24.5%. The tax levied on
the business assessment is calculated at the com-
mercial rate, therefore, the proportion of tax revenue
derived from this source is somewhat greater than the
proportion of the business assessment to total
assessment.
Several suggestions were made
to the Committee including:
(a) abolition of business assessment;
(b) calculation of business assessment at a uniform
percentage of the realty assessment;
(c) that businesses be divided into four categories
and that the percentages applicable be 30, 50,
60 and 75; and
(d) that the businesses mentioned be arranged in
some logical sequence, possibly alphabetical,
with the applicable percentage stated.
Perhaps the right solution would
be the elimination of the business tax but the problena
then arises of raising the revenue thus lost.
In order that the Committee could
be better informed a questionnaire was sent to each of
the 937 municipalities requesting inforraation regarding
the incidence of and revenue from the tax levied on
business assessment. A great deal of the information
requested is not readily available from municipal
assessment and financial records. The Committee is
59
THE ASSESSMENT ACT
pleased to report that 349 useable returns were re-
ceived (37. 2% of. all municipalities), including 100%
of the municipalities comprising the Municipality
of Metropolitan Toronto, 69% of the cities, 62,5% of
the separated towns, 52,4% of the towns, 30. 1% of
the villages, 31.5% of the townships and 50,0% of
the improvement districts.
The median of the average
percentages applied in the calculation of the business
assessment ranged from 47.6 in the municipalities
comprising Metropolitan Toronto to 33. 0 in the
townships, and 35.8 for all the municipalities included
in the survey. Adoption of the average of the per-
centages applied in the calculation of business assess-
ment by every rmanicipality would have resulted in an
increase in the amount of the business assessnn.ent in
64.2% of the number of business assessments. It was
noted that 60,6% of the assessments were calculated
at less than 35%, with the largest number (46.4%)
being calculated at 25%,
The tax levied on business
assessment by percentage used in calculation of the
business assessment, arranged in descending order
of revenue derived is shown in the table below:
BUSINESS TAX LEVIED and NUMBER OF ASSESSMENTS
19 6 1
Basis of Calculation
Business Nuxnber of
of Business Assessment
Tax Levied Assessments
(Percentage)
60%
43.3
25%
18,5
50%
16,1
75%
15.7
30%
2.6
35%
2.1
150%
1.1
50% of
30%
0.2
10%
0.2
Minimum $100
0.1
Other ':-:=
0. 1
7.
9
46.
4
18.
9
5.
5
6.
4
7.
1
O'
2.
2
0.
5
5.
1
100.0 100.0
Less than 0. 05%
Not in accord with legislation.
60
THE ASSESSMENT ACT
Business assessment at the
minimum amount ($100) and those calculated at
less than 35% accounted for 60.6% of the number of
assessments and 21.6% of the total tax levied
thereon.
The Committee is conscious
of the complexity of the problem and the con-
siderable effect on the finances of some municipalities
which might be the result of any change in the
legislation.
Many businesses naaintain a
parking area for the convenience of their customers
and business assessment on the parking area is
calculated at the rate applicable to the type of business.
There does not appear to be any logical reason for
perpetuating the ten per cent rate applicable to land
used as a supervised car park.
The distilling of beverage
alcohol is a manufacturing process similar to the
production of beer and other beverages. However,
the original legislation established a rate of 150% on
distillers, 75% on brewers and 60% on manufacturers
of other beverages. The Comnnittee feels that the
spread in the rates applied to distillers and brewers
is too wide.
Representations were nnade by
several groups that, due to change in the economic
status of their business, the rates applicable can no
longer be justified and the suggestion made that the
rate be adjusted downward. This is particularly valid
for wholesale merchants.
In some instances the percentage
is determined by the class or population of the munici-
pality. The Conamittee is of the opinion that these are
no longer valid bases for establishing the rate
applicable.
61
THE ASSESSMENT ACT
While persons operating hotels
and motels are deemed to be carrying on a business
and accordingly pay business tax, persons operating
apartment buildings are not subject to business tax.
The miniinum assessment of $100
by today's standards is too low and should be increased.
The Comnnittee also noted that
while subsection 9 provides that where a person
occupies or uses land partly for business and partly
as a place of residence that the assessment is to be
split in line with the portions used, but that this
provision does not apply to business rated under
section 9(l)(g)o The Committee feels that this is
unfair in nnany instances to persons assessed under
this clause.
Recommendation:
(1) That the businesses be divided into four
categories and the percentages fixed at
25, 50, 60 and 75;
(2) That the basis of calculating business assessment
remain unchanged except as follows;
(a) distillers at 75 per cent;
(b) wholesale merchants at 50 per cent;
(c) retail coal or fuel oil dealers at 25 per
cent;
(d) all land used for the parking of cars at 25
per cent (exemption for employee parking
area allowed under section 9 (2) to be
continued);
(e) that every person occupying or using land for
the purpose of an apartment building con-
taining more than six self-contained dwelling
units shall be assessed for business purposes
for a sum equal to 25 per cent of the assessed
value of the land occupied or used for such
apartment;
62
THE ASSESSMENT ACT
(f) all businesses assessed at 35 per cent
and 30 per cent be reduced to 25 per cent
and businesses presently assessed at
25 per cent remain unchanged;
(g) minimum assessment increased from $100
to $200; and
(h) the businesses be listed alphabetically with
the percentage of assessment shown
opposite each,
(3) That section 9 (l)(g) be amended by deleting
all the words after the word "value" in
line 12;
(4) That section 9 (9) be amended by deleting all
the words after the word "only," in the fourth
line.
PREPARATION OF ASSESSMENT ROLLS
SECTION 20(1), paragraphs 14 and 15
Observations: Representations were made that
some municipalities would prefer to prepare the
assessment roll on a ward basis and not have to further
break this down by school sections or polling sub-
divisions.
Recommendation: That municipalities have the
option of preparing the assessment roll by wards,
polling subdivisions, school areas or school sections.
ASSESSORS
SECTION 21
Ob s ervation s : A number of representations were
made that the Minister of Municipal Affairs should not
only enact rules fOr the guidance of assessors but should
also give some protection to assessors from dismissal
without cause. The Committee was also informed of the
63
THE ASSESSMENT ACT
course undertaken by the Association of Assessing
Officers of Ontario to qualify assessors. It was
noted that the examinations for the qualification of
assessors under this course consisted only of written
tests.
Reconnnnendation: That the Minister of Municipal
Affairs enact qualification tests for chief assessing
officers of municipalities.
That chief assessing officers
be licensed annually.
That a chief assessing officer
who is licensed shall not be dismissed without the
approval of the Minister of Municipal Affair s-
SECTION 24
Observations: The Connmittee noted that this
section of the Act which provides for the eligibility of
farmers sons, daughters and sisters for municipal
voting privileges is outmoded in view of modern
conditions. It places those persons who actually reside
and work on the farm in tne sarae category as those
who do not work on the farm but only reside on the
farm in the evenings or weekends. In view of the
Committee's recommendation to extend the franchise
this section is no longer required, (See p. 18)
Recommendation: That section 24 be repealed.
VALUATION OF LANDS
SECTION 35
Observations: The Committee received nximerous
suggestions regarding the valuation of lands. After
64
THE ASSESSMENT ACT
careful consideration the Committee is of the opinion
that the present provisions of The Assessment Act are
adequate, but often not properly applied.
Some representations were made
that the Provincial Manual of Assessment Values be
based on the values of a more recent year and that
larger assessing units be created to permit the
employment of full-time assessing personnel. The
Committee was informed that the Department of
Municipal Affairs is at the present time undertaking
the production of a new edition of the manual.
Some representations were made
suggesting that the present provisions regarding the
assessment of golf courses be made applicable to
farms. The Committee feels, however, that the two
situations are not analogous and would not be workable
for either the municipality or the farmer.
Recommendation: That the new edition of the manual
be based on a three to five-year period of recent
values.
That the manual be revised
annually or at least every two years to meet with
changing conditions or new types of building construction.
That where feasible the erection
of larger assessing units be encouraged to facilitate
the use of full-time assessing personnel,
ASSESSMENT OF PIPELINES
SECTION 41
Observations: At present, transnnission pipelines
are assessed in accordance with a fixed scale of rates
as laid down in The Assessment Act. Distribution lines
are assessed at actual value under the provisions of
section 35. The Committee noted that the fixed rates
laid down in the Act are based on 1940 costs of the pipe
65
THE ASSESSMENT ACT
plus 20% and do not include such itenas of cost as
wrappings and installation.
Representations were made
to the Committee suggesting that the assessment of
pipelines be placed on the gross receipts basis
instead of the footage basis. The Committee also
received representations that distribution lines be
assessed in accordance with a fixed scale of rates
in the same manner as transmission lines and also
that they be assessed at their actual value.
Recommendation: That both transmission and
distribution pipelines be assessed on the same
basis either in accordance with a fixed scale of
rates or at their actual value.
ASSESSMENT OF RAILWAY PROPERTY
SECTION 46
Observations: Consideration was given to the
legislation regarding the method and the extent of the
assessment of railway property as it pertained to
actual conditions of today. There is no apparent
reason why some railway lands are assessed at actual
value in relation to the value of other land in the
locality, while other railway property is assessed at
its actual cash value as it would be appraised upon a
sale to another company possessing sinailar powers,
rights and franchises.
66
THE ASSESSMENT ACT
Recomraendation: That all railway lands and
property be assessed at its actual value in
accordance with the provisions of section 35,
QUINQUENNIAL RAILWAY ASSESSMENT
SECTION 47
Observations: For many years railways
have been assessed on a five-year basis with the
proviso that land included in the assessment that
has ceased to belong to the company would be
deducted therefrom and any additional land acquired
would be added thereto.
Representations were made
that the land and property of railways should be
assessed on an annual basis as is other property
in a municipality. However, the Committee is of
the opinion that all assessments should be for a
longer period than one year and that railway assess-
ment should confornn with the general provision as
subsequently recommended.
Recommendation: That all railway lands and
property be assessed on a three-year basis. (See p. 69)
ADDITIONS TO COLLECTOR'S AND ASSESSMENT
ROLLS
SECTIONS 53 and 54
Observations: Sections 53 and 54 make it
inciombent upon the clerk of the municipality to add
to the collector's roll for taxation for the balance of
the current year and to the assessment roll for
taxation in the following year the additional value of
any property or newly created business, or, property
that has ceased to be exempt from taxation. However,
there is no statutory obligation on the part of an
assessor to either prepare a list of supplementary
assessments or a supplementary assessment roll.
67
THE ASSESSMENT ACT
Recommendation; That sections 53 and 54 be
amended to make it mandatory that the assessor pre-
pare supplementary assessment rolls and to forward
all necessary notices and to attach his affidavit to
the rolls as prepared.
TIME OF MAKING ASSESSMENT
AND RETURN OF ROLL
SECTIONS 56, 57, 72, 75 and 83
Observations: The Committee is of the
opinion that if an equalized assessnaent is to be
achieved, every part of the Act which has any bearing
on the matter should be annended where necessary to
assist in bringing this about. Provisions which have
a bearing are the period of time necessary to make
a proper assessnaent; the date for the return of the
roll which enables sufficient time for the consider-
ation of appeals; standard periods of time for
appeals to all courts; and the composition of courts
competent to deal with appeals.
It is the Committee's opinion
that the making of a yearly assessment is not
conducive to equalized assessnaent and that a longer
period of time should be given, preferably three
years. However, this should not operate to prevent
persons from appealing their assessments annually
if they so desire or to prevent the necessity of nnaking
changes in such matters as school support, ownership
and tenancy. The assessed values as placed would
remain the same, not only for the year of assessment
but also for the two succeeding years unless there was
a substantial change in the use or value of the
property either due to appreciation or depreciation.
The provisions of sections 53 and 54 would not be
interfered with under this change.
There would not be as long a
period necessary for the making of an assessment roll
68
THE ASSESSMENT ACT
in any one year and the date for the return of the
roll could be set back to give a longer period for
the hearing of appeals and to insure that there was
adequate time for the preparation of the voters'
list and the collector's roll.
The period of time for
appeals to the court of revision at the present time
varies from 10 days to 14 days. Appeals to the
county judge must be made within 10 days and
appeals to the Ontario Municipal Board within 21
days after the notice of the decision appealed from
has been given. This is somewhat confusing and
unnecessary and should be made uniform.
It would also a-ppear that the
present courts designated to deal with appeals is
somewhat less than ideal in that they are often not
qualified to determine questions of assessment and
value, A special tribiinal should be substituted to
hear appeals in lieu of the county judge and the
Ontario Miinicipal Board, This special tribunal
should be composed of personnel qualified on assess-
ment and appraisal matters. The Select Committee
on Land Expropriation recommended that a similar
tribvmal be established to deal with the assessment
of connpensation arising from expropriations. This
Committee is of the opinion that this tribunal might
be an appropriate body to hear assessment appeals
from the decisions of the various courts of revision.
The present right of appeal to
the Court of Appeal on matters of law should be
retained. In addition, appeals should be permitted
to the Supreme Court of Ontario in regard to question.s
of fact.
All notices of appeal from an
assessment should be made to the clerk of the munici-
pality instead of the assessment commissioner.
69
THE ASSESSMENT ACT
Recommendation: That assessments be nnade each
three-year period and the values applied in one year
shall prevail for the two succeeding years, subject to
alteration for any substantial change in the values
during that period and preserving the annual right of
appeal.
That the period for making the
assessment shall be between the first day of January
and the 31st day of August in each year with the roll
to be returned not later than the first day of Septennber
in the same year.
That the time for appeal on all
assessment matters be 21 days.
That appeals be first taken to the
court of revision and from there to a special tribunal,
thus dispensing with appeals to the county judge and the
Ontario Municipal Board,
That appeals on questions of
fact as well as on law be permitted to a Supreme Court
Judge, and/or the Court of Appeal,
That notices of appeal from
assessments be naade to the clerk of the municipality,
ROTARY SYSTEM OF ASSESSMENT
SECTION 60
Observations: Section 60 provides for the
rotary system of assessment either on a two-year or
a three-year basis with the new values not to be used
in any one part of the municipality until the whole
municipality has been assessed on the new value basis.
If the three-year interval of making assessments is
adopted this section would be obsolete.
Recommendation: That this section be repealed.
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THE ASSESSMENT ACT
COURTS OF REVISION
SECTIONS 61 to 64 Inclusive
Observations: Sections 61, 62 and 63 deal
with the appointment and composition of courts of
revision in cities, while section 64 deals with these
matters in other classes of municipalities. The
Committee is of the opinion that the same legislation
should apply to all municipalities with the exception
of the Municipality of Metropolitan Toronto which
has its own legislation. There is also a place for
one-man courts of revision for which provision
should be made.
Recommendation: That the council of any
municipality be permitted to appoint a. s many one-
man, three-man or five-man courts of revision
as it deems necessary, the majority of whom shall
form a quoriora provided that no member of a
municipal council shall be permitted to sit thereon,
SECTION 65
Observations: In counties where county
assessors have been appointed, a county court of
revision consisting of five members may be
appointed to deal with questions of value only. The
local municipalities appoint courts of revision to
consider local improvement and tax matters. The
Committee is of the opinion that one court should
be empowered to deal with all matters that courts
appointed by local municipalities are empowered to
consider. It is difficult to obtain equalization of
values between municipalities when no county court
has been appointed. In only 12 of the 38 counties
which have appointed county assessors has the county
council seen fit to appoint a county court of revision.
71
THE ASSESSMENT ACT
Recommendation: That in counties where a county
assessor has been appointed the county council shall
appoint a county court of revision consisting of three
to five members, the majority of whom shall form a
quorum. That no member of the county council shall
be permitted to sit thereon. This county court of
revision shall have all the jurisdiction and powers of a
court of revision appointed by a local municipality.
That the county court of revision
shall have the power to appoint additional court of
revision commissioners and if necessary from among
their own merabers, and the commissioners shall have
the same powers as possessed by the court of revision.
That when a county court of
revision is appointed no municipality shall have the
power to constitute or continue a local court of
revision.
WITNESS FEES
SECTION 71
Observations; It was brought to the Committee's
attention that witness fees of $3. 00 per diem for
persons summoned to appear before the court of
revision or county judge are inadequate.
Recommendation: That the compensation payable
to witnesses summoned to attend the court of revision
or before a county judge be increased.
APPEALS TO COUNTY JUDGES AND THE ONTARIO
MUNICIPAL BOARD
SECTIONS 75 and 83
Observations: The Committee has previously
reconnmended that appeals to the county judge and the
Ontario Municipal Board be eliminated and that appeals
72
THE ASSESSMENT ACT
be made directly from the court of revision to a
special court or trfbunal. (See sections 56,57,72,75
and 83 - pp. 67, 68 & 69)
Recomnnendation; That these sections pertaining
to appeal procedure to the county judge and the
Ontario Municipal Board be deleted from the Act.
That appropriate new
sections be written in the Act to deal with appeals
to a special court or tribunal.
APPEALS TO SUPREME COURT
SECTIONS 84 to 88 Inclusive
Observations: A review of these sections
brought to the Committee's attention the principle
that a person is subject to taxation even though the
tax is based on an illegal assessment. This anomaly
results from the linnitation period placed on the time
for bringing an appeal.
Recommendation: That no limitation be placed
upon the time within which a Supreme Court action
may be brought to set aside an assessment illegally
made or a tax illegally imposed,
PENALTY FOR FAILURE OF CLERK
TO CARRY OUT HIS DUTIES
SECTION 92
Observations: Section 92 provides a penalty
for the failure of a clerk to carry out his duty and
the amount of the penalty varies from other sections
of the Act which similarly impose penalties.
Recommendation: That a general penalty section
be enacted to apply to all illegal acts of omission or
commission of all municipal officials.
73
THE ASSESSMENT ACT
EQUALIZATION
SECTION 93 (2)
Observations: Representations were made to
the Comraittee that the Minister of Municipal Affairs
enact rules for the guidance of county assessors and
that the exact duties of the county assessor be defined.
As the Committee has made a recommendation that
the Minister annually license all chief assessing
officers of municipalities including county assessment
commissioners and county assessors, the provisions
of section 93 (2) providing for the presentation of
rules for the guidance of county assessors is
superfluous. While it is difficult to define the exact
duties of a county assessor for all practical purposes,
the real duty of a county assessor is to prepare an
equalization report which is to form the basis of the
county equalization outlined in section 93 (1).
Recommendation: That section 93 (2) be deleted,
COUNTY ASSESSMENT COMMISSIONER
SECTION 93a
Observations: A county council may, with
unanimous assent of its members, appoint a county
assessment commissioner. It is the Comnnittee's
view that the provision requiring unanimous assent
of all naembers of county council is too stringent.
The Committee also noted that
if the county was forced to purchase a considerable
amount of equipment to operate this system it should
be given a fair trial before it was abandoned,
Reconnnnendation: That the appointment of a
county assessnnent commissioner be made on the
passing of a by-law by a majority of the members
of the county council representing 50 per cent of the
equalized assessment of the county.
74
THE ASSESSMENT ACT
That once a by-law is
passed by the county council appointing a county
assessment comnnissioner it may not be repealed
for a period of three years from the date of its
passing and then only by a majority vote of the
members of the council representing 50 per cent
of the equalized assessment in the county.
COUNTY ASSESSOR APPOINTED
AS LOCAL ASSESSOR
SECTION 93 b and
THE MUNICIPAL ACT SECTION 227
Observations: The Committee noted that
section 227 of The Municipal Act contains somewhat
similar provisions to those of section 93b of The
Assessment Act in connection with the appointment
of the county assessor as the assessor for one or
more local municipalities. It was also noted that
some of the smaller cities and separated towns,
while not forming part of the county for administrative
purposes, are partners for certain county projects
such as county health units, county libraries and high
school districts. They pay their share of the cost on
the basis of an equalized assessment. It is felt that
some of these separated municipalities might want to
employ the services of a competent county assessor
or county assessment commissioner if the legislation
permitted them to do so.
Recommendation: That section 227 of The Municipal
Act be deleted and legislation enacted to permit any
municipality to employ the county assessor or county
assessment commissioner with the consent of the
county council.
75
THE ASSESSMENT ACT
APPEAL AS TO EQUALIZATION OF
ASSESSMENTS
SECTION 96
Observations: The Coraraittee noted that
there are two methods by which an appeal may be
made by a municipality against the equalization
by-law as adopted by a county council. One is an
appeal to the county judge and the other is to
request the Minister of Municipal Affairs to
appoint either the Ontario Municipal Board or a
court comprising three persons to hear the appeal.
The appeal must be launched within 2 0 days of the
passing of the equalization by-law.
The Committee has
recommended that all appeals dealing with
assessment be determined by a special tribunal
(sections 75 and 83) and that the uniform time for
appeals be 21 days (sections 56, 57, 72, 75 and 83),
Recommendation: That appeals from equalization
by-laws be heard by a special tribunal and the time
for such appeals be 21 days.
MINIMUM TAX BILL
SECTION 111
Observations: In 1950, legislation was enacted
to provide that where the taxes on any separately
assessed parcel of laind would be less than $3,00
council could by by-law set a mininnum tax of $3, 00.
In i960, legislation was enacted
to provide that the council could increase this
minimum tax to $6,00, Representations were made
to the Committee that this amount was still too low.
76
THE ASSESSMENT ACT
Recommendation: That a municipal council be
enapowered to render a minimum tax bill of $10. 00,
CERTIFICATE OF CURRENT TAXES
SECTION 119
Observations: Representations were made
to the Committee that the fee payable to a tax
collector for a certificate in respect to the status
of current taxes is too low. The Comnnittee noted
that the fee is only 25^.
Recommendation: That the amount of the fee be
increased from 25^ to $1.00.
VACANCY ALLOWANCES, ETC.
SECTION 131
Observations: Many representations were
made in regard to the provisions of section 131. It
was noted that prior to 1900 a municipal council
could by by-law authorize courts of revision to grant
a refund or abatement of taxes to persons who clainned
that they were unable to pay their taxes on the grounds
of poverty or sickness, A number of years later
the legislation was amended to enable a nnunicipal
council to pass a by-law authorizing the court of
revision to grant vacancy allowances or an abatement
of taxes under such terms and to the extent as pro-
vided in the by-law. The conditions and restrictions
for such allowances varied greatly between munici-
palities and in 1944 the right of councils to pass
these by-laws was withdrawn. In 1945, uniform
provisions applicable to all municipalities were
imposed by regulation. In 1953 these regulations
were amended and incorporated in the Act, In 1957
an amendment provided that a claim for a refund or
abatement of taxes could be nmade in respect of a pipe-
line not in use for a period of six months or more.
77
THE ASSESSMENT ACT
The abatement or refund
of taxes only applies to certain types of property
and these properties must be offered for rent.
Representation was made that the abatement should
also apply to properties erected for the purpose of
sale, but vacant and unsold because of insufficient
demand. It was also argued that vacancy
allowances should apply to furnished premises
used only for a portion of the year even though no
effort was made to rent them.
On the other hand repre-
sentations were made that the present vacancy
provisions should not apply to apartment units.
The Committee noted that
while it is true that vacant property does not
require school facilities, garbage collection and
other municipal services, vacant property as a
rule requires more police and fire protection than
does occupied property.
Application to the court of
revision for the cancellation, reduction or refund
of business tax levied is not pernnitted where the
business was intended to be or was capable of being
carried on during a part of the year only. However,
an application may be made when any business
capable of and intended to be carried on for the full
year was carried on for a part of the year only.
Another matter brought to the
attention of the Committee was the injustice to
owners of some types of property as a result of a
change in use during the year of taxation due to the
variance between the farm- residential nnill rate and
the commercial-industrial nnill rate. The taxes for
the following year on commercial property which is
vacant on December 31st are levied at the residential
mill rate. If the property becomes occupied during
the year of taxation and business assessment applied
against it under the provisions of section 53 the
'I'l'- 'l r .',"
78
THE ASSESSMENT ACT
higher mill rate can be applied against both the real
property and the business assessment for the balance
of the year's taxes. However, no contrary provisions
are in force where a property is used for conn-
mercial or industrial purposes and its use changes
to residential during the taxation year.
Recommendation: That no refund or abatement
of taxes be permitted because of vacancy or partial
vacancy of the premises and in the case of a pipeline
no refund or abatement should be made because of
its non-use.
That business tax be naade
payable only for the portion of the year during which
the business was carried on, notwithstanding that the
business was intended to be or was capable of being
carried on for part of the year only.
That where the use of a
property changes from connimercial or industrial
to residential during the taxation year, the
residential mill rate be levied against the assess-
ment for the balance of the year.
SALE OF LAND FOR TAXES
SECTIONS 151 to 182 Inclusive, and
THE DEPARTMENT OF MUNICIPAL AFFAIRS ACT -
SECTIONS 47 to 54 Inclusive
Observations: The Comnnittee noted that
there are two nnethods of selling land for arrears
of taxes. One method is provided for in The
Assessment Act and the other method is provided
for in The Department of Municipal Affairs Act.
There is no need for duplication in this regard.
Recommendation: That the provisions of The
Assessment Act respecting the sale of lands for
tax arrears be repealed and the provisions of The
Departnaent of Municipal Affairs Act be adopted in
this regard.
79
THE PLANNING ACT
R.S.O. I960, C. 296
as araended in 1960-61 and 1961-62
RECOMMENDA TIONS
The present Planning Act is divided into five
parts, namely, Official Plans; Subdivision; Restricted
Area and Building By-laws; Comnnittees of Adjustment;
and General,
INTERPRETATION SECTION
Observations: Counties have only the powers of
municipalities in so far as official plans are concerned
(2.9). If the county was nnade a municipality for all
purposes of The Planning Act this would permit and
possibly encourage counties to take a more active role
in planning matters. Perhaps the county is not the
ideal planning unit but it has the advantage of covering
a broader area and is an existing political unit with
defined boundaries.
Recommendation: The definition of "municipality"
should include "county" under (l.g).
That when a county undertakes any
of the matters authorized by this Act it can only do so on
a majority vote of the members thereof representing 50
per cent of the equalized assessment and 50 per cent of
the total population of the county.
That the jurisdiction and powers
of every municipal council and every other person or
authority within the municipality related to planning
matters would be terminated upon the exercise by the
county council of any of the powers contained within this
Act.
80
THE PLANNING ACT
PART I
OFFICIAL PLANS
PLANNING AREAS
Observations: "Planning Area" is defined as a
planning area as defined by the Minister of Municipal
Affairs (l.i) and consists of the whole or parts of such
municipalities as the Minister considers a planning
unit (2,2),
The extent of a planning area
in so far as it affects a municipality should be determined
by the local or county council. Provision is made in The
Municipal Act for the creation by local municipalities of
niimerous service areas, such as sewer areas (379,1.52)
and (380.4); water areas (379.1.52); fire areas (394.1 and
394,3); light areas (379.1.52); transportation areas
(379. 1. 52 and 379. 1.88); and garbage areas (379. 1.77).
Any alteration of these areas is made subject to the
approval of the Ontario Municipal Board (Ontario Municipal
Board Act (15)), There is no reason why the designation of
a planning area should not similarly rest with the local or
county council subject to the creation and any alteration
thereof being approved by the Municipal Board,
Recommendation: That a planning area should comprise
that area designated by the local or county council or as
agreed upon when more than one council is involved.
That a planning area or any boundary
change of a planning area should not become effective until
it is approved by the Ontario Municipal Board,
PLANNING BOARDS
Ooservations: A planning board is appointed in most
cases by the council of the local municipality, subject to
the approval of the Minister of Municipal Affairs (3, 1) and
is a body corporate (4, 1) having its own corporate seal (6) and
81
THE PLANNING ACT
separate legal identity. While members of the municipal
council may sit on the planning board, they cannot con-
stitute a majority of the members of the planning board
(4, 3), Members of the board who do not sit on council are
appointed for three year terms with one-third of them
retiring each year (4,5). Members of the board are
eligible for reappointment (4, 6) and nnay be paid a salary
and expenses (7a). A planning board may hire employees
and consultants (4, 10) and shall prepare an annual budget
which it subraits to the council (7. 1). Every planning
board has a duty to investigate and survey the physical,
social and economic conditions in relation to the develop-
ment of the planning area and may perform such other
duties of a planning nature as may be referred to it by
council (10, 1),,
In effect, a planning board's
function is to recominend to council (except in the matter
of a consent to divide a parcel of land as distinguished
from recommending a plan of subdivision (26. 1. c)). This
ftinction of recommendation extends from official plans
to restricted area by-laws, A planning board must of
necessity rely heavily on its professional staff. While
members of council often sit on planning boards, these
boards do not have the close contact with the municipal
inhabitants that the local councils possess. This is so
in spite of the fact The Planning Act provides that every
planning board shall hold public meetings and publish
information for the purpose of obtaining the participation
and co-operation of the inhabitants of the planning area
(10. l.b). Except for joint planning areas, there is little
merit in creating a planning board as a distinct legal
entity apart from the municipal corporation.
Recommendation: That the planning boards as presently
constituted be dissolved and that the present function of
these boards be exercised by the local municipal council,
county council or a committee of either council.
82
THE PLANNING ACT
OFFICIAL PLANS
Observations: An "official plan" is defined as a
programme and policy, covering a planning area
designed to secure the health, safety, convenience or
welfare of the inhabitants of the area, and consisting
of the texts and maps, describing such programrae and
policy, (l.h), A proposed official plan is recom-
mended to the local council by its planning board for
adoption (10, l.d) and, if adopted, it must be submitted
to and approved by the Minister of Municipal Affairs
before it becomes the official plan of the municipality (12).
A county council can also adopt an official plan (2. 9).
Once an official plan is in effect,
no public work can be undertaken and no by-law can be
passed that does not conform with or implement the plan
(15, 1), The procedure on an amendment of the official
plan is similar to the procedure on its initial adoption (14, 1),
A municipality may, with the approval of the Minister of
Municipal Affairs, buy, sell or lease land for the purpose
of developing any feature of the official plan (19» 1). There
is no provision for the charging of a fee for the processing
of an application to amend an official plan.
At present, an official plan is
prepared by technical staff, reviewed by th6 planning
board, revised if thought necessary, and recommended
to council for adoption. The planning board may function
to some degree as a buffer between the inhabitants and
council with questionable result. However, there is little
doubt that local councils must fulfill their duty to the
people who elect them and in the final result the fate of
an official plan rests primarily with the council. There
is no real need for a separate planning board.
While an official plan must ordinarily
be approved by the Minister of Municipal Affairs (12), it
may be referred by him to the Ontario Municipal Board (14. 3),
All zoning by-laws must be approved by the Ontario Municipal
Board (30.9) which implement an official plan. The
83
THE PLANNING ACT
Municipal Board may also deem a by-law to conform
with the official plan (15,3), There is no logical reason
why an official plan or any amendment or repeal
thereof should not sinriilarly be submitted for approval
to the Municipal Board, The Ontario Municipal Board
must approve all municipal spending apart from
current expenditures (Ontario Municipal Board Act (67)).
Yet a municipality must obtain the approval of the
Minister of Municipal Affairs to buy, sell or lease
land for the purpose of developing any feature of the
official plan (19. 1).
Representations have been made
in regard to application fees payable by persons who
desire to amend an official plan. This suggestion has
certain merit as the taxpayers at large should not be
called upon to finance individuals who may derive
special benefit from such an amendment.
There is no specific procedure
which is binding upon the municipality to give notice to
the people affected by the proposed official plan or an
amendment to the official plan.
Recommendation: That the adoption of an official plan,
its amendment and repeal should rest completely with
the local or county council on the basis of a majority
vote of all members of council, subject to approval of
the by-law by the Ontario Municipal Board,
That before an official plan is
adopted or amended notice should be given to the people
of the planning area by publishing a copy thereof in at
least one newspaper having a general circulation in the
planning area each week for at least three weeks before
the hearing, stating the day, tiine and place of the
meeting at which the plan will be considered.
That nnunicipalities may, with the
approval of the Ontario Municipal Board, buy, sell or
lease land for the purpose of developing any feature of
an official plan.
84
THE PLANNING ACT
That municipalities may charge
a fee on an application for an araendment to an official
plan,
REDEVE LOPMENT
Observations: "Redevelopment" is the planning,
replanning (design or redesign, resubdivision, clearance,
development, reconstruction or rehabilitation) of a
redevelopment area and the provision for such land use
as may be appropriate (20, l.a), A "redevelopment area"
is an area designated by council as desirable for
redevelopment because of such things as age, dilapidation,
overcrowding, faulty arrangement or unsuitability of
buildings (20,l,b),
The council of a municipality that
has an official plan may with the approval of the Minister
of Municipal Affairs designate a redevelopment area
which cannot be altered or dissolved without the approval
of the Minister (20,2), However, the Minister may
withdraw his approval and thereby dissolve the redevelop-
ment area if he is not satisfied with the progress nnade
by the municipality in acquiring land within the redevelop-
nnent area or in preparing a redevelopment plan (20,4),
"Redevelopment plan" is defined
as a general scheme approved by the Municipal Board for
the redevelopment of a redevelopment area (20, l.c).
While the Municipal Board and not the Minister must
approve a redevelopment plan (20.5) and any amendment
thereof (20.7), nevertheless, the Minister and not the
Ontario Municipal Board must approve the construction,
repair, rehabilitation or improveinent of buildings on land
acquired in the redevelopment area and the sale or
leasing of any such land and buildings (20,8), Debentures
issued by a municipality for redevelopment may provide
for such term of years as approved by the Municipal
Board (20. 10).
85
THE PLANNING ACT
While a redevelopment plan
(20. 5) and the money required to finance such a
plan (2 0. 10) must be approved by the Ontario
Municipal Board, the redevelopment area must be
approved by the Minister of Municipal Affairs (20.2).
As mentioned previously (see Planning Areas - p. 80),
the Ontario Municipal Board has jurisdiction to
control the boundaries of other areas such as sewer
areas and water areas.
Recommendation: That the establishnnent,
alteration or dissolution of redevelopment areas
by municipalities with official plans be subject to
the approval of the Ontario Municipal Board rather
than the Minister of Municipal Affairs.
PART II
SUBDIVISIONS
AREAS OF SUBDIVISION CONTROL
Observations: An area of subdivision control
is designated by the municipal council (26. 1) and plans
of subdivision within this area that have been registered
for eight years or more may be deemed by council to be
not registered (26.2), Certified copies of the municipal
by-laws exercising this jurisdiction must be lodged in
the office of the Minister of Municipal Affairs (26.6).
An area of subdivision control cannot be altered or
dissolved without the approval of the Minister (26. 12).
The consent of the Minister of
Municipal Affairs is not required for the establishment
of an area of subdivision control and yet the Minister
must consent to the alteration or dissolution of an area
of subdivision control.
Recommendation: That the municipal clerk not be
required to lodge with the Minister of Municipal Affairs
certified copies of a subdivision control by-law, or a by-
law deeming plans of subdivision not registered, and that
86
THE PLANNING ACT
the consent of the Minister not be required for the
alteration or dissolution of an area of subdivision
control established by the municipal council.
SUBDIVISION BY CONSENT
Observations; A municipal council may designate
any area within the municipality as an area of sub-
division control, whereupon for all practical purposes,
no person is permitted to execute any document that
has the effect of granting the use or right in land in
the area for a period of 21 years or more, except in
accordance with a registered plan of subdivision or by
consent of the planning board unless the parcel being
transferred is his entire holding or 10 acres or more
in area and any remnant left is at least 10 acres in
area (26, 1), This restriction does not apply to the
Dominion, Province or municipalities (26,l.d),
Where the land lies in more than
on'_ planning area, the consent must come from the
planning board designated by the Minister of Municipal
Affairs and where there is no planning board then the
Minister must grant the consent (26. 1. e.ii). Conditions
similar to those that may be iraposed as a condition of
approval of a plan of subdivision may be imposed by the
planning board or Minister granting the consent (26,13)
and appeal lies to the Ontario Municipal Board if the
application for consent is refused, not dealt with, or
where the applicant is not satisfied with the conditions
imposed (26, 14), There is no provision for the payment
of application fees on filing an application for consent to
divide. If a inunicipality has not designated all or any
part of the lands within its boundaries, an area of sub-
division control, the Minister of Municipal Affairs may
exercise the powers of council in regard to designating
the areas not so designated, deeming plans not registered
within these areas and granting consents to divide lands
within these areas (27. l.b).
87
THE PLANNING ACT
The municipal council, in the
final analysis, is responsible for the development and
servicing of its municipality. Control should be where
responsibility rests. The municipal council is in a
better position than the planning board or Minister of
Municipal Affairs to determine whether or not a
consent to divide a parcel of land should be granted
and, if so, the conditions, (such as the provision of
municipal services) to be imposed. There is con-
siderable justification for the charging of a fee on an
application for consent to divide for the reasons
expressed under the heading of "Official Plans",
Recommendation: That the granting of consents to
divide and the conditions to be imposed be within the
exclusive jurisdiction of the municipal council subject
to the present right of appeal to the Ontario Municipal
Board.
That a municipality should be
permitted to charge an application fee on filing an
application for consent to divide.
That the Minister of Municipal
Affairs should not be permitted to usurp the function
of council in regard to the designation of areas of sub-
division control, deeming plans not registered and
granting consents to divide.
PLANS OF SUBDIVISION
Observations: An application for approval of a
plan of subdivision is nnade to the Minister of Municipal
Affairs (28. 1) who may confer with the relevant municipal
officials and other public and private bodies (28.3) and
impose such conditions to the approval as he thinks
advisable (28, 5), One of the conditions that the Minister
may inmpose is the conveyance to the municipality of land
for public purposes other than highways, not exceeding
88
THE PLANNING ACT
5 per cent of the land included in the plan (28. 5.6)
which may be sold with the approval of the Minister
(28.9). Where an official plan is in effect indicating
the municipality's ultimate land requirenaents for
public purposes, the Minister may authorize a cash
payment not exceeding the value of 5 per cent of the
land included in the subdivision in lieu of a con-
veyance of land (28,8). These monies are paid into
a special account for the acquisition, with the approval
of the Minister, of lands for public purposes (28. 10).
While the application for
approval of a plan of subdivision is to the Minister
of Municipal Affairs, in practice, the conditions
imposed are those of the inunicipality after having
scrutinized the plan and received the recominendations
of its planning board. There is little doubt that the
Department of Municipal Affairs plays a much more
important role than that of a clearing house, especially
in the guidance and assistance of smaller municipalities
that do not have trained planning staffs. An application
for approval of a plan of subdivision should be made to
the municipality. However, the final approval of a plan
should be left with the Minister of Municipal Affairs
subject to the right of appeal to the Ontario Municipal
Board. There has developed some inference that the
lands conveyed for public purposes are really intended
for park purposes and that cash payments in lieu of land
are similarly ear-marked. This should be clarified.
In addition, a nnunicipality that has not adopted an
official plan should be permitted to take cash payments
in lieu of land dedication. Quite often the problem con-
fronting a municipality is not the need to acquire
additional lands but to improve those that they already
have so that they can be enjoyed by the public. Cash
payments in lieu of land dedication would assist in this
regard and their expenditure for this purpose or for
acquiring additional lands should not require the approval
of the Minister of Municipal Affairs,
89
THE PLANNING ACT
Recoramendation: That application for approval of a
plan of subdivision be made to the municipality, the final
approval remaining with the Minister of Municipal
Affairs subject to a right of appeal to the Ontario
Municipal Board.
That "public purposes" be
defined to include such things as parks, fire halls,
police stations and public utility stations.
That all municipalities, whether
or not an official plan is in effect, be given the right to
accept cash payments in lieu of land dedication and that
such money be spent without the approval of the
Minister of Municipal Affairs for the acquisition of lands
or the development or improvement of existing public
lands ,
PART III
RESTRICTED AREA fc BUILDING BY-LAWS
RESTRICTED AREA BY-LAWS
Observations: Councils of municipalities have
power to pass by-laws restricting the uses of land and
the erection or use of buildings (30, 1.1), provided that
no part of any such by-law comes into force without
the approval of the Ontario Municipal Board (30,9).
The Mianicipal Board's approval does not become effective
until it issues its formal order (30, 17), The Minister
of Municipal Affairs may similarly exercise by order
and without approval of the Municipal Board like powers
in respect of any land in Ontario not already zoned (27, l,a),
The Municipal Board may approve a
zoning by-law for a limited period of time only and upon
application may further extend such period from time to
time (30.9), Before granting its approval the Municipal
Board may direct the municipal council to give notice of
its application to such persons as it deems fit (30, 11),
90
THE PLANNING ACT
There is no provision in the Act
to provide that before a zoning by-law is passed by the
council that there shall be a public hearing before the
council or the planning board after due notice to all
persons affected by the proposed by-law.
The power given to municipalities
to pass restricted area by-laws has supplanted to a
large degree the practice of attaching restrictive
covenants to conveyances of land and has become accepted
as a part of modern community living. However, a
similar power given to the Minister of Miuaicip-il Affairs
strikes at the heart of municipal self-determination and
should not be permitted.
While provision is nmade for the
extension from time to time of a temporary approval by
the Municipal Board of a zoning by-law, no reference is
niade as to what persons naay apply for such extension or
the procedure to be followed on such application. These
matters should be clarified to permit any person whose
property is affected to make the application upon proper
notice to the municipality and to those persons as
directed by the Municipal Board.
The application to the Municipal
Board should be made after a public hearing has been
held after due notice to all persons affected by the pro-
posed by-law.
Recomniendation: That the right of the Minister of
Municipal Affairs to impose zoning restrictions be with-
drawn.
That there shall be a public hearing
before the council or a committee thereof after due notice
to all persons affected by the proposed by-law.
That the municipality or any person
whose property is affected by a restricted area by-law
91
THE PLANNING ACT
be given the right to make application to the Ontario
Municipal Board to extend a temporary approval of
such by-law and that notice of the application be given
as directed by the Ontario Municipal Board,
That before a zoning by-law is
passed, amended, or, before an application is made
to the Ontario Municipal Board to extend the temporary
approval of a zoning by-law a public hearing shall be
held by the council after due notice to all the persons
affected,
BUILDING BY-LAWS
Observations: Power is granted municipalities
to regulate in detail the construction of buildings and
structures ii order to protect the health and safety of
its inhabitants (31). However, there is no provision for
an expiration date to be attached to a building permit or
renewal privileges after the expiration date.
While slight amendment of the
legislation regulating the issuance of building permits
is suggested, it is difficult to understand the reason for
this legislation being included in The Planning Act.
Recommendation: That a provision made for an
expiration date be attached to a building permit or any
renewal thereof and that legislation governing the
issuance of building permits be deleted from The Planning
Act and transferred to The Municipal Act.
PART IV
COMMITTEES OF ADJUSTMENT
ESTABLISHMENT OF COMMITTEES OF
ADJUSTMENT
Observations: A municipality that has passed a
zoning by-law may have a committee of adjustment which
92
THE PLANNING ACT
is appointed by by-law (32a, 1) and approved by the
Minister of Mionicipal Affairs (32a. 3), The procedure
on appointment and tenure of office correspond with
those of a planning board. However, a member of
the council cannot sit on a committee of adjustment.
As in the case of a planning board, a committee of
adjustment may engage such employees and consultants
as is deemed expedient (32a, 9).
Recommendation: That a naunicipal council or a
committee appointed by council be enabled to exercise
all the powers as set out in sections 32a and 32b^
pertaining to committees of adjustment.
That the establishment,
appointment of members and the operation of a com-
mittee of adjustment shall not be subject to the
approval of vhe Minister of Municipal Affairs,
That the committee of adjustment
not be empowered to engage employees and consultants,
PART V
GENERAL
RIGHT TO RESTRAIN
Observations: A right to restrain by action any
contravention of a municipal by-law that implements an
official plan is given to a municipality, its planning
board or a ratepayer (33),
It would be more effective if the
procedure to enforce such by-laws was by way of
application to a County Court Judge in Chambers,
Recomnnendation: That an order to restrain any
contravention of a municipal by-law be made by a Judge
of the County Court sitting in Chambers with the
appropriate appeal procedure from any order so made.
93
THE LOCAL IMPROVEMENT ACT
R.S.O. I960, C. 223
as amended in 1960-61 and 1961-62
RECOMMENDATIONS
INTERPRETATION
Qt servations: An examination of the Interpretation
Section of The Local Improvement Act discloses that, while
it is in the most part adequate, nevertheless, it requires
some adjustment. In particular, there is mention of the
word "boulevard" in the Act as a work that may be con-
structed or maintained (2. l.h. ) and yet this word is not
defined. While the word "bridge" is defined (1,2), the
definition does not go far enough to include a sidewalk on a
bridge. The word "owner" is defined (1.16) differently for
townships than other municipalities in that for townships it
includes a tenant for years, the unexpired term of whose
tenancy extends for not less than the period during which
the special assessment for the work is to be made.
The present interpretation section of
The Local Improvement Act would be adequate if the word
"boulevard" was defined a.nd if the definition of "bridge" was
extended to include sidewalks on a bridge and if "owner"
was given the same meaning for all municipalities.
Recommendation: That the word "boulevard" be defined.
That the definition of "bridge" be extended to include a side-
walk or sidewalks on a bridge. That the word "owner" be
given the same meaning for all municipalities,
WORKS THAT MAY BE UNDERTAKEN AS
LOCAL IMPROVEMENTS
Observations; Works that may be undertaken as local
improvements are listed in detail (2,1) and it is made clear
that they do not include ordinary repair and maintenance
(2.2). Once a work has been constructed, the municipal
corporation has a duty to keep it in repair (59. 1) and if it
fails to do this at any time during the lifetime of the work,
the owner or occupant of any lot specially assessed may
94
THE LOCAL IMPROVEMENT ACT
apply to the judge of the county court or a judge of the
Supreme Court for an order compelling the municipality
to repair (60). Private drain connections, water service
pipes and gas service pipes may be constructed as local
improvements without petition where a sewer, watermain
or gcj-s main has been or is to be constructed, upon a
majority vote of council (4). However, there is no pro-
vision to construct these private connections when the
construction of a pavement, curb or sidewalk is con-
templated.
There is also provision made for
towntihips, towns and villages in unorganized territories
to purchase a work that has already been constructed but
which might have been undertaken as a local improvement
(5).
Where the estimated cost of the
opening, widening or extension of a street or the con-
struction of a bridge exceeds $50,000, persons who may
be liable for special assessment are protected by giving
them the right to file a notice of objection, in which case
the work cannot be undertaken without the approval of the
Ontario Municipal Board (6),
While the list of works that may be
undertaken as local improvenaents is quite comprehensive,
there is no reason why construction of private drain con-
nections, water service pipes and gas service pipes should
not be included. It may be reasonable and expedient to
construct these works without petition prior to the con-
struction of a sidewalk or curb or the laying of a pavement.
This would eliminate the necessity of breaking out the
sidewalk, curb and pavement in order to make a connection
at a later date.
There is no apparent reason why the
purchase of works that have been constructed by private
persons, but which might have been constructed as local
improvements, should be confined to townships, towns and
villages in unorganized territory, especially in view of the
95
THE LOCAL IMPROVEMENT ACT
large areas being developed in recent times by private
persons.
The special provisions of The
Local I-mprovement Act pertaining to the opening, widening
or extension of a street, or the construction of a bridge
where the estimated cost exceeds $50, 000, would not be
necfessary if a uniform procedure for undertaking local
improvement works was implemented which gave adequate
protection to the property owner in every instance,
Reconnmendation: That private drain connections,
water service pipes and gas service pipes be included in
the general list of works that may be undertaken as local
improvements.
That all municipalities be given the
power to purchase works that have been constructed by
private persons but which are of a nature that they could
have been constructed as local improvennents.
That section 6 of The Local Improvement
Act be deleted if the uniform procedure for undertaking local
improvement works as recommended by this Committee is
adopted.
PROCEDURE FOR UNDERTAKING WORK
Observations: There are four methods that may be
employed to undertake a local improvement work (7), These
are as follows:
(a) on petition of the owners of lands affected;
(b) on the initiative of council, without being
petitioned;
(c) by the municipal council on sanita-ry grounds;
(d) by the municipal council without being
petitioned (private connections (4) and
forced locals (8)).
Basically either the work to be done is petitioned by the owners
96
THE LOCAL IMPROVEMENT ACT
or is instituted on the initiative of the municipal council.
If the work is petitioned to be done under (a) the municipal
council is not compelled to pass the by-law to construct
the work. If the municipal council employs the initiative
plan under (b) the property owners affected may petition
against the work, in which event it cannot be undertaken
(12, 1), However, if the local improvement is one that is
considered necessary on sanitary grounds under (c) the
landowners affected do not have the right to petition the
council against it (9) but may apply by petition to the
Ontario Municipal Board for relief. The municipal council
may undertake to construct private drain connections, water
service pipes or gas service pipes under certain circum-
stances without being petitioned under (d) and without the
right of the landowners affected to petition against the work
(4) and the approval of the Ontario Municipal Board is not
necessary. In regard to certain other works (8), the
municipal council may undertake the work without being
petitioned and the property owners affected cannot petition
against it but the approval of the Ontario Municipal Board
must be obtained.
The various procedures available to
undertake a local improvement work are not only confusing
and unnecessary but also often ineffective. For example,
property owners may petition council to construct a work
as a local improvement but there is no onus on council to
pass the necessary by-law to undertake the work. The
municipal council however can initiate the work, but a
proper petition can prevent the council from passing the
by-law. Covincil may, nevertheless, undertake the work
by obtaining the approval of the Ontario Municipal Board.
Recommendation; That the present procedure for
\indertaking local improvement works be deleted.
That a single procedure for all local
improvement works be adopted and that the procedure be on
the initiative of a majority vote of all the nnenabers of council
after advertising its intention to do so and after serving
notice either personally or by ordinary mail upon the property
owners affected provided that no such by-laws shall come into
force and effect without the approval of the Ontario Municipal
Board,
97
THE LOCAL IMPROVEMENT ACT
HOW COST OF WORK TO BE BORNE
Observations; A local improvement work is for the
benefit of the individual as opposed to the public at large
and consequently the entire cost is generally assessed
against the lands abutting directly on the work (20, 1).
Special allowance may be made for corner lots (20,4),
triangular or irregularly shaped lots (28, 1), lots unfit
for building (28.2) or lots with two limits that abut on the
works, so as to adjust the assessnnent on a fair and
equitable basis. The municipal corporation is liable for
so much of the cost of the work as is incurred at street
intersections (23. c) and for certain other costs (23. a, b,)
and may assume a larger share of the cost of other works
such as sewers, watermains (24), sidewalks, curbs,
pavements, street lighting (27), bridges, parks, squares
and the opening or improvennent of a street (32). If a
municipality receives a cash contribution towards the
cost of any work, it is deducted from the total cost of the
work and the balance is deemed to be the actual cost of
the work (21, 1), However, where a contribution is applied
towards the cost of constructing a work with greater
capacity than required to serve the abutting lots, such
contribution is applied to reduce the corporation's share(21,3).
If the flankage of a lot is exempted
from a local improvement rate, and the flankage later
becomes frontage, it may be assessed as though it was
frontage at the time of the passing of the local improvement
by-law (29. 1), but the annual levy may not extend beyond 5
years after the payment of the debentures issued for the
work (29. 5),
When it is necessary to construct a
sewer outlet through lands which are not benefited, the cost
of same is deemed to be a part of the cost of the sewer and
cannot be assessed against the lands abutting on the outlet (34),
Where lands not abutting directly on
the work are equally benefited, an equal special rate per foot
of frontage is assessed upon the lots (37), but if the lands are
not equally benefited, areas of similar benefit are set aside
and the lands assessed on an equal special rate per foot
98
THE LOCAL IMPROVEMENT ACT
frontage upon the lots in each area (38) where land is
assessed in one block and becomes subdivided, the sub-
division may be designated as an area and the special
assessment levied against the new lots (39).
There is ample provision for the
adjustment of inequities in the assessment of properties
for local improvement works. There is even provision
to readjust assessments in certain circumstances, as
for example, when flankage becomes frontage in the sub-
sequent development of lands it may be assessed as
frontage. However, there is no authority to cancel an
assessment against frontage which subsequently becomes
flankage. Provision should be made to cover this
contingency.
Cash contributions towards the cost
of any local improvement work are deducted either from
the total cost of the work or from the corporation's share.
There is no provision to apply a cash contribution against
any of the owners* share, or power vested in the municipal
corporation to apply the contribution in any way that might
be agreed upon by the contributor and the corporation. The
Local Improvement Act should enable these things to be
done.
While the cost of a sewer constructed
as a local innprovement includes the cost of an outlet
through lands that are not benefited, there is no similar
provision in regard to a watermain that nnay have to be laid
through lands that do not receive any immediate benefit.
There is no provision in either case for subsequently
assessing lands that may at some future time benefit from
these works. The present legislation should deal with these
matters.
In addition, where the lands not abutting
directly on the work are benefited, authority should be given
to assess them on an area basis as well as on a frontage
basis.
99
THE LOCAL IMPROVEMENT ACT
Trunk sewers and watermains are
often constructed by a municipality and financed not as a
local improvement but by the corporation as a capital
expenditure. At a subsequent date, lands in the area may
be developed and improved, or, there may be lands abutting
the work that might be specially benefited, as connections
could be made so as to utilize the trunk main in the same
manner as a lateral. The Local Improvement Act should
provide that where the lands could be serviced in this way,
they may be assessed on an equitable basis when con-
nections are made, notwithstanding the fact that the sewer
or watermain has already been installed.
Recommendation: That The Local Improvement Act be
amended to permit the cancellation of an assessment
against frontage which subsequently becomes flankage.
That cash contributions towards the
cost of a local improvement work may be applied against
an owner's share or in any way that might be agreed upon
between the contributor and the corporation.
That section 34 of The Local
Improvement Act be amended to include watermains and to
provide that the abutting lands which receive no imnnediate
benefit may subsequently be assessed in an area on
frontage basis if at some future time they do benefit from
these works.
That lands benefited by, but not
abutting directly on the work, be assessed either on an area
basis or a frontage basis.
That the local improvement procedure
be permitted where a sewer or watermain has been con-
structed other than as a local improvement, but which work
subsequently benefits abutting lands, and to provide that
these lands may be assessed either on an area or frontage
basis.
100
THE LOCAL IMPROVEMENT ACT
PROCEDURE FOR MAKING SPECIAL ASSESSMENT
Observations: The present provisions of The
Local Improvement Act (40-51) adequately cover the
various reports, statements, estimates and special
assessment roll preliminary to undertaking the work.
Appeal procedure is provided in regard to any lot
specially assessed (51) to the Court of Revision, County
Judge, Ontario Municipal Board and Court of Appeal,
The Court of Revision does not
have jurisdiction to review or alter the corporation's
share as opposed to the owner's share.
The present procedures for
making special assessments under The Local
Improvement Act are quite satisfactory. The appeal
procedure should be the same as that recommended
under The Assessment Act for the sake of uniformity
and simplicity.
Recommendation; That the appeal procedure from
an assessment made under The Assessment Act apply
to appeals from a special assessment made under The
Local Improvement Act,
ASSESSMENT OF LAND EXEMPT FROM TAXATION
Observations: Lands on which are situate places
of worship and seminaries of learning, except schools
that receive a legislative grant or school tax, are liable
to be specially assessed for local improvements (6).
Lands exempt from local improvement rates under any
general or special Act are assessed but the special
assessments imposed thereon are paid by the municipal
corporation (62).
While church lands and school
property in certain instances are liable for local improve-
ment charges, cemetery lands are not. Neither are
lands in a local nnunicipality owned by a covmty.
101
THE LOCAL IMPROVEMENT ACT
Recommendation: That land owned by or forming
part of a cemetery operated for profit, and land in a
local municipality owned by the corporation of a county,
be liable for the payment of local improvement rates,
SPECIAL PROVISION AS TO TOWNSHIPS,
TOWNS, VILLAGES, ETC.
Observations: In addition to the general list of
works which may be undertaken by all municipalities,
special authority is given to townships and villages to
construct, renew or replace water works, sewage
treatment works and the plant and equipment for street
lighting (66).
All municipalities have the power
to set aside certain defined areas in which event the cost
of a work naay be assessed and levied on the rateable
property in the area (67. 1), or in some circumstances
assessed and levied part on a frontage basis and part on
an area basis (67,2).
There is no apparent reason for
the special provisions applying to townships and villages.
In regard to works constructed in
defined areas, in some cases the property benefiting
directly may be assessed a portion of the cost and the
area may be responsible as a whole for the payment of
the balance. However, there is at present no provision
to assess the miinicipal corporation in addition to the
defined area and the property owners who receive a
special benefit from the work.
Recommendation: That. the special provisions of The
Local Improvement Act applying to townships and villages
be deleted.
That provision be made for the
corporation as a whole to assume a part of the cost of a
work in addition to the cost to be borne by the defined area
and the cost specially assessed against the properties in
that area.
102
THE LOCAL IMPROVEMENT ACT
ADOPTION OF LOCAL IMPROVEMENT SYSTEM
Observations; A by-law may be passed with
the assent of the mxonicipal electors which provides
that all works that may be iindertaken as local
improvements must be so undertaken (69. 1).
It is unknown how many munici-
palities may have enacted such a by-law and whether
these by-laws when enacted have been obeyed.
However, there is no apparent reason for retaining
this provision in The Local Improvement Act,
Re comm endation ; That the section of The Local
Improvement Act providing for the adoption of the
local improvement system by mxinicipal by-law be
deleted,
MISCELLANEOUS
Observations; The special assessment and
rates for a local improvement work is not an encumbrance
upon the lands as between vendor and purchaser (70),
Local improvement proceedings undertaken by one
council may be connpleted by a succeeding council (71)
and the Ontario Municipal Board may approve of
forms of by-laws, notices and other proceedings (72),
Arbitration when required (5) is performed under The
M\inicipal Act,
The miscellaneous provisions of
The Local Improvement Act need no amendment. However,
in the event that arbitration is necessary provision should
be made for arbitration by the special tribunal as
recommended by the Select Committee on Land
Expropriation rather than by arbitration undei* The
Mtuiicipal Act as presently constituted.
Recommendation; That arbitration under The Local
Improvement Act be arbitration by the special tribvinal
contemplated by the Select Committee on Land
Expropriation,
103
THE MUNICIPAL FRANCHISE EXTENSION ACT
R.S.O. I960, C. 254
and
THE VOTERS' LISTS ACT
R.S.O. I960, C. 420
Observations: The Municipal Franchise
Extension Act enables miinicipalities to pass by-laws
providing for the preparation of a resident voters'
list, after the municipal electors have expressed
their favour of extending the right to vote to the
persons as therein set out. Participation in the
administration of a municipality's affairs is no
longer confined to persons who own property, nor do
municipal services benefit only those persons with
a real property interest.
Parts I and II of The Voters'
Lists Act pertain to the preparation of the list of
voters for naunicipal elections. These Parts should
be transferred to The Municipal Act under the
appropriate headings.
Recommendation: That the appropriate provisions
of The Mtinicipal Franchise Extension Act amended
as recommended herein (see sec. 14, p. 14 and sec. 37,
p. 18) be incorporated in The Municipal Act and that it
not be necessary to submit the question for the assent of
the electors.
That The Municipal Franchise
Extension Act be repealed.
That Parts I and II of The
Voters' Lists Act be transferred to The Municipal
Act under the appropriate headings.
104
There is no royal road to
the solution of the myriad problems facing munici-
palities today. Persistent and often tedious
research, observation and study is essential to
determine the fairest way to administer in the
best manner the nriany matters that daily affect
the lives of our citizens.
A highly complex society
has developed in the past half- century that has
brought with scientific success the need for social
change. Stereotyped thinking must be reformed
and a fresh and uninhibited approach taken in the
task of amending the legislation to meet the modern
adjustment of social rights, responsibilities and
needs. The ramifications as applicable to
municipalities are many and demand detailed
consideration.
The Committee entertained
numerous submissions that touched on forty
different Provincial Statutes, in addition to the four
that form the subject matter of this Interim Report.
While specific recommendations are made, these
should not be considered exhaustive or immutable.
Further study and suggested reform of other
legislation may dictate limited change of the
Committee's present recommendations. In
particular, the recoinmendations in respect of The
Municipal Act are not intended to be complete. Time
has not permitted the detailed study necessary to
render constructive recommendations in regard to
such matters as highways and bridges. This subject,
for example, is embodied in numerous statutes and
while the Committee is aware of the need to
modernize and crystalize this legislation it will
have to fornn the subject matter of a future report.
105
The Committee respectfully
submits this Second Interim Report with the prayer
that it be reappointed to continue with all the same
persons and duties as heretofore and that a new
Member be appointed to fill the vacancy caused by
the resignation of Mr. Belisle.
J|ollis E. Beckett, Chairman
i'^/
Cowling \
/
\ -A' '/O '.<^Au
Ron. K. McNeil
.^-sr*^^
D. Arthur Evans
Vernon M. Singer
George T. Gordon
Thomas D. Thomas
--/■
Donald H. Morrow
APPENDIX
CONTENTS
Appendix
A Interim Report, November 23rd, 1961
B Letter to clerks of all municipalities. May 11th, 1961
C Advertisement, Fall of 1962
D "Written Submissions
E Attendances
Appendix A
INTERIM REPORT
of
SELECT COMMITTEE ON THE MUNICIPAL ACT
AND RELATED ACTS
November 23rd, 1961.
Appendix A
MEMBERS OF TEE
SELBCT COI«IITTEE ON THE MUNICIPAL ACT AKD RELATED ACTS
Hollls £. Beckett^ Q.C.^ Chairman • York East
Rheal Bellsle Nickel Belt
Alfred H. Covling High Park
Arthiir Evaofi Slmcoe Centre
George T. Gordon • Brantford
Donald H. Morrov ....• ••«.. Ottawa West
Ron. K. McNeil Elgin
Vernon M. Singer York Centre
Thoraas D. Thomas ••••• Oshava
(Mrs.) H. G. Rowan Secretary to
the Consoittee
R. B. Andrews Assistant Secretary
to the Conmlttee
Appendix A
To The Hcmourable Parliament Suildlnge
The Leglelatlre Assembly of Toroctto, Ontario.
The Provlnoe of Ontario NovegnAwr ZZv^, 1961*
Honourable NsiiA>erat
On Monday^ Kerch 27th, I96I, during the Second Seaaion of
the Tventh- sixth Parliament, the following laotion was aoved hy The
Honouraible Leslie M. Frost, Q.C., Prliae Minister of Ontario and
aeconded by The Honourable Wta. K. Varrender, Q.C*, and duly carried:
''Ordered, That a Select Conanittee of this House
he appointed to enquire into and reriev The
Mumicipal Act of the Prorince and related Acts,
Indvidlng The Assessment Act, The Department of
Municipal Affairs Act, The Local Jxaprarmtant
Act, The Ontario Municipal Board Act and The
Planning Act, and the regulations mads there-
under, for the imrposes of modernizing,
ccmsolidating and simplifying such Acts and
regulations and maXAng such reconmendations as
may be necessary for their liqprov-ement.
And That the Select CcBSBittee hare authority
to sit during the internal between Sessions
and hflcv'e full power and authority to call for
persona, papers and things and to eTawlne
witneases under oath, and tbe Assembly doth
ecaaand and cos^el attendance before the OoBBittaa
of siu^ persons and the production of such
papera and things as it may dean neoeaaary for
any of its proceedings and daliberationa,
for wfaldn purpose the Honourable the Spaakar
■ay iasua hia warrant or warrants.
And that the said Conad-ttee consist of nine
members, aa followa:
Mr. Beckett (ChaiziMn), Neaara. Beliale,
Srans, Cowling, Gordon, Morrow, Ndfeil,
Singer and Thomas.
Mrs. H. 0. Rowan waa ssipolnted Secretary to the
Committee and Mr. R. B. Andrewa waa sgppolntad Aaaiatant Secretary*
Appendix A
- 2 -
Thtt Conmlttee held its first meetlDg on April 19th
followed "by sixteen meetings all held in the City of Toronto.
The Oeneral Index in Volume ^ of The Rerised Statutes of
Ontario 196O, lists under The Municipal Act> Volume 3, Chapter 249>
forty-tvo related Acts including The Assessment Act, The Department
of MoniciiMd Affairs Act, The Local Jjaprormaexxt Act, The Ontario
Municipal Board Act and The Planning Act.
On Nay 11th a letter was sent to the clerk of each munici-
pality stating the tezms of reference subotitted by the Legislature
to this CcBBiittee. It was requested that the clerk transmit this
information to the persons etc. ^o might wish to present a brief
or sutxaissions, e.g., muzxicipal council, other elected and
appointed bodies, senior officials etc.
Thirty- one briefs or submissions have been received from
municipalities and thirty from other organisations or individuals
and we have been infozmed that several more will be submitted.
The. Connittee has reviewed The Municipal Act, The
DeiMurtmsnt of Municipal Affairs Act, The Assessment Act, The
Planning Act axud The Local Lqprovement Act with the Minister of
Municipal Affairs, the Assessment CooBissioner of Metropolitan
Toronto and the officials of the Department of Municipal Affairs;
The Ontario Municipal Board Act with the Chairman of The Ontario
Municipal Board; The Hi^way Lqpcrovement Act with the Municipal
Engineer, Municipal Roads Branch, Department of Highways; The
Appendix A
- 3 -
CoiuiexTatlcm Authorities Act with the Director ezid Chief Ccmaerretioa
Enginear^ Coiuiervatlon and Parki Brazicb, Department of Ccanerce and
Develoinent; end The Votere' Lleti Act vith the Clerk of the Legialature.
The najority of the hrlefe and aulnisilona filed hanre been
read and diaeoaaed by the Ccnmittee. Beveral of the brief a axad
aubad-aaiona receired frcn different organizations referred to
proviaiooa of The Aasesonent Act regarding bxisiness assessment. The
CaaBd.ttee felt that infonaation should be obtsiined from the munici-
jMLlitlea setting out the particulars of the business tax levied.
Jbout four hundred DunicipfliLities have replied to the questionnaire
giring the Ccooittee the rexjuired infonaation.
The Committee wishes to thank the Minister of Municipal
Affaira> the Assessment Commissioner of Ifetro and senior civil
aervanta «ho have attended meetings and assisted in the understanding
of the rarioua Acta*
The tezna of reference of the Committee stated ** to
enquire into and review The Municipal Act of the Province and related
Aota>......... axid the regulations made thereunder, for the pxirposea
of Bodemlslng, cooaolidating and sixoplifying such Acts and
regulationa and making fuoh reocnnendations as may be necessaxy for
their iogprovenent."
The Prime Minister aaid on January 2Uth, 196l, when he
Intiroduced the notice of motion for the appointiKnt of a Select
CooDoittee to enquire into and review The Municipal Act and related
Acta of the Province" the review of The Municipal Act and
Appendix A
- k -
related Acts Is a hiige task vhich will Involve a very cooslderable time,
very proba3E>ly a ouniber of years."*
It is the considered opinion of the Coomittee that public
■eetings shovild be held at vhich all organizations or persons who have
subnltted a written subsission be Ixxvited to appear in support of the
sulaission filed and that those ^rtio have not heretofox&nade submissions
be given the opportxmity of appearing and offering constructive
criticism.
Because the field assigned is so extensive your CoBnmlttee
has not had tljne to ccnplete its review of the legislation referred to
it or to discuss the recooiaendatlons isade with the authors of the briefs
and subnissiOQS filed. The Coamittee therefor requests that Its
existence be extended In accordance with tezms of reference of the
iresolutloa establishing this Select Cotoaittee.
Arthur Evans ^
^
^ ^<^ - / .
is E. Beckett, Chalratan
Ill's* 'SVana ( ^^ ~^
George T. Gordon
^ i^P-'i ff^<^ <'S \ J
Donald H. Morrow'
X^A-: yx %-^j£
Vernon N. Singe;
Thomas D. Thomas
Appendix B
ONTARIO
LEGISLATIVE ASSEMBLY
SELECT COMMITTEE ON THE MUNICIPAL ACT AND RELATED ACTS
;nt buildings.
D 5
May 11, 1961.
ROOM 377. PARLIAMENT BUILDINGS.
TORONTO 5
To Clerks of all Municipalities:
A Select Committee on The Municipal Act and related Acts was appointed at the
last Session of the Ontario Legislature with the following terms of reference -
"Ordered, That a Select Committee of this House be appointed to enquire into
and review The Municipal Act of the Province and related Acts, including The
Assessment Act, The Depaxtment of Municipal Affairs Act, The Local Improvement
Act, The Ontario Municipal Board Act and The Planning Act, emd the regulations
made theretmder, for the purposes of modernizing, consolidating emd simplifying
such Acts and regulations and making such recommendations as may be necessary
for their improvement."
This Select Committee has commenced its meetings and realizes that many
municipal coimcils, other elected and appointed bodies and their senior officials
may wish to present a brief or submission.
In order that we may plan the agendas of future meetings intelligently we would
j like to have some knowledge of the number of briefs we are likely to receive. We
'therefore request that, should you intend to present a brief or submission you will
inform us of this intention by June 1st next Shovild you so indicate you will be
informed later of the date set for the presentation of the brief or submission and
other pertinent information. Please address your reply to Mrs. H. G. Rowaja,
Secretary of this Committee .
I
' Since we do not have a complete list of the persons in your municipality who
should be informed of this matter we are addressing this request to you sjid would ask
you to trajismit it to the appropriate people .
Your co-operation will be appreciated.
Yours very t
■>-eJ2Ajg
Hollis Beckett, Q.C., M.P.P.,
Chairman.
hb/r
Appendix C
LEGISLATIVE ASSEMBLY
SeSect Comsnittee on The
Municipal Act and related Acts
The Select Committee appointed by the Legislative
Assembly of the Province of Ontario ". . .to enquire
into and review The Municipal Act of the Province and
related Acts, including The Assessment Act, The De-
partment of Municipal Affairs Act, the Local Improve-
ment Act, The Ontario Municipal Board Act and The
Planning Act, and the regulations made thereunder, for
the purposes of modernizing, consolidating and simpli-
fying such Acts and regulations and making such recom-
mendations as may be necessary for their improvement"
w^ill continue to hold public meetings in Toronto com-
mencing on September 26th.
Elected members and appointed officials of municipal
governments, local boards, commissions etc., groups of
persons and individuals are invited to present submis-
sions pertaining to the legislation applicable to
municipal government.
Notice of intention to make a submission to the Select
Committee should be sent to the Secretary by September
13th. Notice of the time allocated for appearance will be
given as soon as possible.
Mollis E. Beckett, O.C.m.p.p.. Mrs. H. G. Rowan, C.A..
Chairman. Secretary,
Box 105,
Parliament Buildings,
Toronto. (Telephone 365-2241 , Loc. 43)
Appendix D
WRITTEN SUBMISSIONS
MADE TO
SELECT COMMITTEE ON THE MUNICIPAL ACT
AND RELATED ACTS
Municipalitie s
Ajax, Town of
Asphodel, Township of
Barrie, City of
Barrie, Township of
Blind River, Town of
Brantford, City of
Burlington, Town of
Derby, Township of
Dunnville, Town of
Falconbridge, Township of
Goderich, Town of
Kingston, City of
Lancaster, Township of
Lobo, Township of
London, City of
Long Branch, Village of
Melancthon, Township of
Neustadt, Village of
North Bay, City of
Ontario County Council
Otonabee, Township of
Ottawa, City of
Pittsburgh, Township of
Renfrew County and Warden's Committee of Renfrew County
St. Thomas, City of
Scarborough, Township of
Scarborough, Township of - Recreation and Parks Department
Somerville, Township of
Stisted, Township of
Sarnia, City of
Thornbury, Town of
Toronto, City of
Welland, County of
Wentworth County Council
Weston, Town of
Appendix D
Municipalities (continued)
Whitby, Township of
York, Township of
York East, Township of
Local Boards and Commissions
Burlington & Suburban Area Planning Board
Metropolitan School Board
Whitby Public Schools
Private Organizations and Individuals
Aggregate Producers Association of Ontario
Association of Assessing Officers of Ontario
Association of Canadian Distillers
Association of Ontario Counties
Association of Ontario Mayors and Reeves
Association of Professional Engineers, The
Association of Women Electors of Toronto
Automotive Transport Association of Ontario (Inc.)
Bell Telephone Company of Canada, The
Bolsover Resort Association
Bowling Proprietors Association of Ontario
Business and Professional Women^s Club, The, London
Canadian Bankers' Association, The
Canadian Fraternal Association, The
Canadian Life Insurance Officers Association, The
Canadian Retail Coal Association Inc.
Canadian Textbook Publishers' Institute, The
Canadian Wholesale Council
City Engineers' Association of Ontario, The
Crockford, Oliver, E,
Direct Sellers Association
Donovan, Wm. T.
Gariepy, Kenneth, A,
Gas and Petroleum Association of Ontario, The
Goodhead, Norman, C,
Grand Orange Lodge of Ontario West, The
Gray, A. J.B.
Guelph Property Owners Association
Appendix D
Private Organizations and Individuals (continued)
Haliburton Highlands Property Owners' Council
Hepditch, G, D,
Herman, Bernard, Q.C,
Institute of Municipal Assessors
Kerr, A.B.
McDougall, Kenneth
Medora & Wood Ratepayers' Association
Metropolitan Toronto Police Association
Metropolitan Toronto Public Utilities Co-ordinating Committee
Mitchell Lake Cottage Ratepayers' Association
Monument Builders of Canada Association Inc.
Motion Picture Theatres Association of Ontario
Muskoka Lakes Association
National Concrete Products Association
National House Builders Association, Ontario Council
National Union of Public Employees, The (Ontario Division)
National Union of Public Service Employees, CLC
Norton, J,
North York Community Council
Oakville- Trafalgar Business Protective Bureau, Inc.
Ontario Association of Real Estate Boards
Ontario Chamber of Commerce, The
Ontario Creamerymen's Association, The
Ontario Federation of Agriculture
Ontario Forest Industries Association
Ontario Mining Association
Ontario Municipal Association
Ontario Municipal Association - Town & Village Section
Ontario Parks Association
Ontario Property Owners Association
Ontario Retail Feed Dealers Association
Ontario Retail Lumber Dealers Association Inc.
Ontario Traffic Conference, The
Ontario Travel Associations, The Joint Board of
Periodical Press Association
Petroleum Association of Ontario, The
Police Association of Ontario
Provincial Federation of Ontario Professional Fire Fighters, The
Public School Trustees' Association of Ontario, Inc., The
Seventh- Day Adventist Church in Canada (Ontario Conference)
Simpson, Robert, M,
Somerville Ratepayers' Association
Appendix D
Private Organizations and Individuals (continued)
Taxpayers Association of Kitchener
Toronto Parking Operators' Association, The
Trust Companies Association of Canada, The
Urban Development Institute, (Ontario Division)
Williams, John Reesor
York Township Citizens* Committee
York Township Ward 4 Ratepayers' Association
Appendix E
ATTENDANCES
UPON THE
SELECT COMMITTEE ON THE MUNICIPAL ACT
AND RELATED ACTS
Municipalities
Ajax, Town of
Asphodel, Township of
Barrie, City of
Barrie, Township of
Brantford, City of
Derby, Township of
Kingston, City of
Lobo, Township of
London, City of
Long Branch, Village of
Neustadt, Village of
Ontario County Council
Ottawa, City of
Pittsburgh, Township of
St. Thomas, City of
Scarborough, Township of
Scarborough, Township of - Recreation and Parks Department
Somerville, Township of
Sarnia, City of
Toronto, City of
Welland, County of
Wentworth County Covmcil
Whitby, Township of
York, Township of
York East, Township of
Local Boards and Comnnissions
Metropolitan Separate School Board
Metropolitan School Board
Whitby Public Schools
Appendix E
Private Organizations and Individuals
Aggregate Producers Association of Ontario
Association of Assessing Officers of Ontario
Association of Canadian Distillers
Association of Ontario Counties
Association of Ontario Mayors and Reeves
Association of Professional Engineers, The
Association of Women Electors of Toronto
Bolsover Resort Association
Bowling Proprietors Association of Ontario
Canadian Bankers' Association, The
Canadian Fraternal Association, The
Canadian Life Insurance Officers Association, The
Canadian Retail Coal Association Inc.
Canadian Textbook Publishers' Institute, The
Canadian Wholesale Council
City Engineers' Association of Ontario, The
Crawford, Professor K, Grant
Crockford, Oliver, E,
Direct Sellers Association
Gariepy, Kenneth, A,
Gas and Petroleum Association of Ontario, The
Goodhead, Norman, C,
Grand Orange Lodge of Ontario West, The
Gray, A, J. B.
Guelph Property Owners Association
Hepditch, G. D.
Herman, Bernard, Q.C,
Institute of Municipal Assessors
Jones, Oakah, L.
Kerr, A.B.
Manning, H.E. , Q.C.
Medora & Wood Ratepayers' Association
Metropolitan Toronto Police Association
Metropolitan Toronto Public Utilities Co-ordinating Connmittee
Monument Builders of Canada Association Inc.
Motion Picture Theatres Association of Ontario
Muskoka Lakes Association
National House Builders Association, Ontario Council
National Union of Public Ennployees, The (Ontario Division)
National Union of Public Service Employees, CLC
Norton, J.
Appendix E
Private Organizations and Individuals (continued)
Oakville- Trafalgar Business Protective Bureau, Inc.
Ontario Association of Real Estate Boards
Ontario Creamerymen's Association, The
Ontario Federation of Agriculture
Ontario Forest Industries Association
Ontario Municipal Association
Ontario Municipal Association - Town h Village Section
Ontario Parks Association
Ontario Retail Feed Dealers Association
Ontario Retail Lumber Dealers Association Inc.
Ontario Traffic Conference, The
Ontario Travel Associations, The Joint Board of
Petroleum Association of Ontario, The
Police Association of Ontario
Provincial Federation of Ontario Professional Fire Fighters, The
Public School Trustees' Association of Ontario, Inc., The
Saunders, Leslie, H.
Scarborough Farmers & Associates
Seventh- Day Adventist Church in Canada (Ontario Conference)
Simpson, Robert, M,
Somerville Ratepayers' Association
Taxpayers Association of Kitchener
Toronto Parking Operators' Association, The
Trust Companies Association of Canada, The
Urban Development Institute (Ontario Division)
Whitton, Mayor Charlotte
Williams, John Reesor,
York Township Citizens' Committee
York Township Ward 4 Ratepayers' Association
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