The Wood Bull Guides

Part IV: General Municipal Jurisdiction (s.15 to 27)

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  • 15(1) GENERAL MUNICIPAL JURISDICTION OF THE TRIBUNAL

    15(1) The Tribunal has jurisdiction and power in relation to municipal affairs,

    (a) to approve the exercise in whole or in part of any of the powers by a municipality under any general or special Act that may or will involve or require the borrowing of money by the issue of debentures, or the incurring of any debt or the issuing of any debentures, which approval the municipality voluntarily applies for or is required by law to obtain;

    (b) to approve any by-law or proposed by-law of a municipality, which approval the municipality voluntarily applies for or is required by law to obtain;

    (c) to authorize the issue by a municipality, without the assent of the electors, of debentures to pay any floating indebtedness that it may have incurred, upon such terms, in such manner and at such times as the Tribunal may approve, or to direct that the floating indebtedness be paid in such other manner and within such time as the Tribunal may require;

    (d) to authorize the issue by a municipality, without the assent of the electors, of debentures to retire debentures that are redeemable before maturity, and the raising of the sum required for payment of the new debentures in the same manner as the sum required for payment of the retired debentures;

    (e) to certify to the validity of debentures issued under the authority of any by-law of a municipality that the Tribunal has approved;

    (f) to direct that before any approval is given by the Tribunal to the exercise of any powers by a municipality or to any by-law passed by it, or before any authorization is given by the Tribunal to the issue by a municipality of debentures to pay any floating indebtedness, the assent of the electors of the municipality or those who are qualified to vote on money by-laws first be obtained, even though the assent is not otherwise required;

    (g) to supervise, where considered necessary, the expenditure of any money borrowed by a municipality with the approval of the Tribunal;

    (h) to require and obtain from any municipality, at any time and for any definite period, statements in detail of any of its affairs, financial and otherwise;

    (i) to inquire at any time into any or all of the affairs, financial and otherwise, of a municipality and hold hearings and make investigations respecting those affairs as may appear necessary to be made in the interest of the municipality, its ratepayers, inhabitants and creditors and particularly to make and hold inquiries, hearings and investigations for the purpose of avoiding any default or recurrence of a default by any municipality in meeting its obligations;

    (j) when authorized by an agreement entered into by two or more municipalities in which the municipalities agree to be bound by the decision of the Tribunal, to hear and determine disputes in relation to the agreement; and

    (k) where water or sewage service is supplied or to be supplied by one municipality to another municipality, to hear and determine the application of either municipality to confirm, vary or fix rates charged or to be charged in connection with the water or sewage service.

    Legislative History

    This subsection is similar to subsection 54(1) clauses (a) to (k) of the repealed Ontario Municipal Board Act.

  • 15(2) SAME

    15(2) Clauses (1) (c) and (d) have effect despite any general or special Act.

    Legislative History

    This subsection is similar to subsection 54(2) of the repealed Ontario Municipal Board Act.

  • 16 VOLUNTARY APPLICATION FOR APPROVAL OF BY-LAWS

    16 A municipality may apply to the Tribunal for its approval of any by-law, the passing of which has been authorized by an order of the Tribunal made under section 25.

    Legislative History

    This section is similar to section 55 of the repealed Ontario Municipal Board Act.

  • 17(1) APPLICATION TO TRIBUNAL FOR APPROVAL OF BY-LAW AUTHORIZING BORROWING

    17(1) A person may apply to the Tribunal for approval of a by-law of a municipality authorizing a debenture, borrowing or other debt if the person is,

    (a) the holder of the debenture or entitled to receive the debenture or the proceeds of its sale;

    (b) the person to whom the borrowing is owed by the municipality; or

    (c) the person to whom the other debt is owed by the municipality.

    Legislative History

    Subsections 17(1) and (2) are similar to section 56 of the repealed Ontario Municipal Board Act.

  • 17(2) TRIBUNAL MAY APPROVE

    17(2) The Tribunal may approve a by-law in respect of which an application is made under this section.

    Legislative History

    See Legislative History under subsection 17(1) above.

  • 18 APPROVAL TO BE WITHHELD WHERE LITIGATION PENDING

    18 The Tribunal shall not grant or issue any approval or certificate under this or any other general or special Act in respect of any municipal matter if there is any pending action or proceeding relating to the matter, including an application to quash any by-law of a municipality relating to the matter.

    Legislative History

    This section is similar to section 57 of the repealed Ontario Municipal Board Act.

  • 19(1) TIME FOR CERTIFYING VALIDITY OF DEBENTURES

    19(1) The Tribunal shall not certify the validity of any debenture issued under any by-law of a municipality until thirty days after the final passing of the by-law, unless notice of the application for certification has been otherwise published or given as directed by the Tribunal.

    Legislative History

    This subsection is similar to subsection 58(1) of the repealed Ontario Municipal Board Act.

  • 19(2) EXCEPTION

    19(2) This section does not apply to any debenture authorized under clause 15 (1) (d) or to a consolidating by-law if every by-law consolidated was finally passed at least thirty days before certification.

    Legislative History

    This subsection is similar to subsection 58(2) of the repealed Ontario Municipal Board Act.

  • 20(1) VALIDATION OF BY-LAWS AND DEBENTURES

    20(1) An application may be made to the Tribunal for approval of a municipal by-law authorizing the issue of any debentures, and of the debentures, either before the debentures are issued by the municipality or after the issue and sale of any debentures by the municipality.

    Legislative History

    Subsections 20(1) and (2) are similar to subsection 59(1) of the repealed Ontario Municipal Board Act.

  • 20(2) SAME

    20(2) In respect of an application made under subsection (1), the Tribunal may approve the by-law and certify the validity of the debentures despite any omission, illegality, invalidity or irregularity in the by-law or the debentures or in any proceedings relating to or incidental to them occurring before or after the final passing of the by-law or the issuing of the debentures.

    Legislative History

    See Legislative History under subsection 20(1) above.

  • 20(3) NO APPROVAL IF BY-LAW QUASHED, ETC.

    20(3) The Tribunal shall not approve any by-law of a municipality or certify the validity of any debentures issued under a by-law if the validity of the by-law or debenture is being questioned in any pending litigation or the by-law has been set aside, quashed or declared to be invalid by any court.

    Legislative History

    This subsection is similar to subsection 59(2) of the repealed Ontario Municipal Board Act.

  • 21 DEBENTURES TO BE CERTIFIED

    21 If the validity of a debenture is certified by the Tribunal, it shall bear the certificate of the Tribunal in the form approved by the Tribunal establishing that the by-law under the authority of which the debenture is issued has been approved by the Tribunal and that the debenture is issued in conformity with the approval.

    Legislative History

    This section is similar to subsection 60(1) of the repealed Ontario Municipal Board Act.

  • 22 VALIDITY OF CERTIFIED DEBENTURES

    22 Despite any general or special Act, every by-law of a municipality approved by the Tribunal and every debenture issued under a by-law bearing the certificate of the Tribunal is for all purposes valid and binding upon the corporation of the municipality and its ratepayers and upon the property liable for any rate imposed under the by-law, and the validity of the by-law and the debenture shall not be contested or questioned in any manner.

    Legislative History

    This section is similar to section 62 of the repealed Ontario Municipal Board Act.

  • 23(1) SCOPE OF TRIBUNAL INQUIRY

    23(1) The Tribunal may, before approving an application by a municipality for any of the following, make inquiries into the matters described in subsection (2):

    1. Approval of the exercise by a municipality of any of its powers.

    2. Approval of the incurring of any debt.

    3. Approval of the issue of any debentures.

    4. Approval of a by-law.

    Legislative History

    Subsections 23(1) and (2) are similar to section 63 of the repealed Ontario Municipal Board Act.

  • 23(2) SAME

    23(2) For the purposes of subsection (1), the matters are the following:

    1. The nature of the power sought to be exercised or undertaking that is proposed to be or has been proceeded with.

    2. The financial position and obligations of the municipality.

    3. The burden of taxation upon the ratepayers.

    4. Any other matter that the Tribunal considers to be relevant.

    Legislative History

    See Legislative History under subsection 23(1) above.

  • 24(1) WHEN ELECTORS' ASSENT MAY BE DISPENSED WITH

    24(1) This section applies if, under any general or special Act, the assent of the electors of a municipality or of those qualified to vote on money by-laws is required before the municipality may exercise a power, incur a debt, issue a debenture or pass a by-law.

    Legislative History

    Subsections 24(1), (2) and (3) are similar to subsection 64(1) of the repealed Ontario Municipal Board Act.

  • 24(2) SAME

    24(2) The Tribunal shall not approve the exercise of the power, incurring of the debt, issue of the debentures or the by-law until the assent has been obtained, unless the Tribunal, after due inquiry, is satisfied that the assent may under all the circumstances properly be dispensed with.

    Legislative History

    See Legislative History under subsection 24(1) above.

  • 24(3) SAME

    (3) If the Tribunal is satisfied for the purposes of subsection (2), it may by order declare and direct that the assent of the electors or the qualified electors shall not be required to be obtained despite the provisions of the general or special Act.

    Legislative History

    See Legislative History under subsection 24(1) above.

  • 24(4) HEARING

    24(4) Before making any order under subsection (3) and subject to subsections (5), (6) and (7), the Tribunal shall hold a hearing for the purpose of inquiring into the merits of the matter and hearing any objections that any person may desire to bring to the attention of the Tribunal.

    Legislative History

    This subsection is similar to subsection 64(2) of the repealed Ontario Municipal Board Act.

  • 24(5) NOTICE TO PROVIDE FOR FILING OF OBJECTIONS

    24(5) The Tribunal shall provide notice of the hearing as the Tribunal considers appropriate and may direct that the notice include a statement that anyone objecting to dispensing with the assent of the electors may, within the time specified by the Tribunal, file with the clerk of the municipality or, in the case of a local board, with the secretary of the local board, the objection to dispensing with the assent of the electors.

    Legislative History

    This subsection is similar to subsection 64(3) of the repealed Ontario Municipal Board Act.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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