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ontario regulation 205/03

made under the

municipal act, 2001

Made: May 1, 2003
Filed: May 16, 2003
Printed in The �������� Gazette: May 31, 2003

Amending O. Reg. 216/96

(Restructuring Proposals)

1. (1) The definition of “part” in subsection 1 (1) of �������� Regulation 216/96 is revoked and the following substituted:

“part”, in relation to an upper-tier municipality, means part of the upper-tier municipality for municipal purposes.�� (“partie”)

(2) Subsection 1 (5) of the Regulation is revoked and the following substituted:

(5) For the purposes of subsections (2) and (3), the number of electors in a local municipality, unorganized territory or an upper-tier municipality, in relation to a restructuring proposal, shall be determined as follows:

1. In local municipalities, upper-tier municipalities and unorganized territory where a school board has jurisdiction, the number of electors is the number of persons whose names appear on the voters’ list, as amended up until the close of voting on voting day at the most recent regular election under the Municipal Elections Act, 1996 preceding the submission of a restructuring proposal to the Minister under subsection 173 (1) of the Municipal Act, 2001.

2. In unorganized territory where a school board does not have jurisdiction, the number of electors is the number of individuals whose names are registered, as owners or tenants in the unorganized territory, in the provincial land tax register kept under the Provincial Land Tax Act.�� The register used shall be the register for the 31st day of December following the close of voting on voting day at the most recent regular election under the Municipal Elections Act, 1996.�� If the register for that date is not yet available at the time the restructuring proposal is submitted to the Minister the register used shall be the register for the 31st day of December preceding that date.

2. Subsection 2 (1) of the Regulation is revoked and the following substituted:

(1) If unorganized territory would, as the result of a restructuring proposal, become part of a local municipality, persons who would have been entitled to be electors in an election in the unorganized territory under section 17 of the Municipal Elections Act, 1996 had the unorganized territory been a local municipality form a local body for the purposes of section 172 of the Municipal Act, 2001.

3. (1) Subsection 3 (1) of the Regulation is amended by striking out “subsection 25.2 (2)” in the portion before the paragraph 1 and substituting “subsection 173 (1)”.

(2) Paragraphs 2, 3 and 4 of subsection 3 (1) of the Regulation are amended by striking “a county” wherever it appears and substituting in each case “an upper-tier municipality”.��

(3) Paragraph 5 of subsection 3 (1) of the Regulation is revoked and the following substituted:

5. Amalgamating upper-tier municipalities.

(4) Clause 3 (2) (a) of the Regulation is amended by striking out “a county” and substituting “an upper-tier municipality”.

(5) Subclauses 3 (2) (b) (i) and (ii) of the Regulation are revoked and the following substituted:

(i) being part of more than one upper-tier municipality, or

(ii) being part of an upper-tier municipality if any other part of the local municipality is not part of that upper-tier municipality;

(6) Clause 3 (2) (c) of the Regulation is amended by striking out “a county” and substituting “an upper-tier municipality”.

4. (1) Subparagraph 1 ii of section 4 of the Regulation is amended by striking out “a county” wherever it appears and substituting in each instance “an upper-tier municipality”.

(2) Paragraph 2 of section 4 of the Regulation is revoked and the following substituted:

2. The support of an upper-tier municipality if, as a result of the restructuring proposal,

i. a local municipality that is part of the upper-tier municipality would have any part of its boundaries changed, would be dissolved or would be amalgamated with another local municipality, or

ii. the upper-tier municipality would have any part of its boundaries changed, would be dissolved or would be amalgamated with another upper-tier municipality.

(3) Paragraph 3 of section 4 of the Regulation is amended by striking out “a county” and substituting “an upper-tier municipality”.

5. Subsection 10 (1) of the Regulation is amended by striking out “county” and substituting “upper-tier municipality”.

6. Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) A person is eligible to vote at the meeting if the person would have been entitled to be an elector at an election in the unorganized territory under section 17 of the Municipal Elections Act, 1996 had the unorganized territory been a local municipality.

David Stuart Young

Minister of Municipal Affairs and Housing

Dated on May 1, 2003.

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