Establishment of Wards

 

222.     (1)        Despite any Act, a municipality may divide or redivide the municipality into wards or dissolve the existing wards.  2001, c. 25, s. 222 (1).

 

 

Public meetings

 

(2)               Before passing a by-law under subsection (1), the municipality shall,

 

 (a)         give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter; and

 

 (b)         have regard to criteria for establishing ward boundaries prescribed by the Minister.  2001, c. 25, s. 222 (2).

 

 

Notice

 

(3)        Within 15 days after a by-law is passed under subsection (1), the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4).  2001, c. 25, s. 222 (3).

 

Appeal

 

(4)        Within 45 days after a by-law is passed under subsection (1), the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections.  2001, c. 25, s. 222 (4).

 

Notices forwarded to Board

 

(5)        Within 15 days after the last day for filing a notice of appeal under subsection (4), the municipality shall forward any notices of appeal to the Ontario Municipal Board.  2001, c. 25, s. 222 (5).

 

 

Other material

 

(6)        The municipality shall provide any other information or material that the Board requires in connection with the appeal.  2001, c. 25, s. 222 (6).

 

 

 

Board decision

 

(7)        The Board shall hear the appeal and may, despite any Act, make an order affirming, amending or repealing the by-law.  2001, c. 25, s. 222 (7).

 

Coming into force of by-law

 

(8)               A by-law of a municipality under this section comes into force on the day the new council of the municipality is organized following,

 

 (a)         the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election and,

 

(i)                  no notices of appeal are filed,

 

(ii)                notices of appeal are filed and are all withdrawn before January 1 in the year of the election, or

 

(iii)               notices of appeal are filed and the Board issues an order to affirm or amend the by-law before January 1 in the year of the election;

 

(b)          the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Board.  2001, c. 25, s. 222 (8).

 

 

Election

 

(9)               Despite subsection (8), where a by-law comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the by-law was already in force.  2001, c. 25, s. 222 (9).

 

 

Regulations

 

(10)           The Minister may prescribe criteria for the purpose of subsection (2).  2001, c. 25, s. 222 (10).

 

 

Petition re: wards

 

223.     (1)        Electors in a municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.  2001, c. 25, s.223 (1).

 

Number of electors required

 

(2)        The petition requires the signatures of 1 per cent of the electors in the municipality of 500 of the electors in the municipality, whichever is less, but, in any event, a minimum of 50 signatures of the electors in the municipality is required.  2001, c. 25, s. 223 (2).

 

 

Definition

 

(3)         In this section,

 

elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding a petition being presented to council under subsection (1).  2001, c. 25, s. 223 (3).

 

Failure to act

 

(4)        If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Municipal Board to have the municipality divided or redivided into wards or to have the existing wards dissolved.  2001, c. 25, s. 223 (4).

 

Order

 

(5)        The Board shall hear the application and may, despite an Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards and subsection 222 (6) applies with necessary modifications in respect to the hearing.  2001, c. 25, s. 223 (5).

 

 

Coming into force

 

(6)               An order of the Board under this section comes into force on the day the new council of the municipality is organized following,

 

 (a)         the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; and

 

 (b)         the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day.  2001, c. 25, s. 223 (6).

 

 

Election

 

(7)        Despite subsection (6), if an order comes into force on the day of the new council of a municipality is organized following a regular election, that election shall be conducted as if the order was already in force.  2001, c. 25, s. 223 (7).

 

 

Deemed by-law

 

(8)        Once an order of the Board is in force, the order shall be deemed to be a by-law of the municipality and may be amended or repealed by the municipality under section 222.  2001, c. 25, s. 223 (8).