The Wood Bull Guides

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

Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 24(6) WHERE NO OBJECTIONS

    24(6) Where notice has been given under subsection (5), the Tribunal may, when no notice of objection has been filed within the time specified in the notice, dispense with the assent of the electors without holding a hearing.

  • 24(7) WHERE OBJECTIONS FILED

    24(7) If one or more objections have been filed within the time specified in the notice, the Tribunal shall hold a hearing unless, under all the circumstances affecting the matter, the Tribunal considers the objection or, if more than one, all the objections to be insufficient to require a hearing.

  • 24(8) HEARING NOT REQUIRED WHERE ADDITIONAL EXPENDITURE APPROVED

    24(8) Despite subsection (4), where the Tribunal has approved an expenditure for any purpose, it may, without holding a hearing, dispense with the assent of the electors of a municipality or of those qualified to vote on money by-laws and approve additional expenditures for the same purpose not in excess of 25 per cent of the original expenditure approved.

  • 24(9) CONDITIONS IN DISPENSING WITH VOTE

    24(9) The Tribunal, in making any order under subsection (3) dispensing with the necessity for obtaining the assent of the electors or qualified electors, may impose such terms, conditions and restrictions not only in respect of the matter in which such order is made, but as to any further or subsequent exercise of any of the powers of the municipality or incurring of any other debt or issue of any other debentures or passing of any other by-law by such municipality as may appear necessary to the Tribunal.

  • 25(1) LIMITATION RE UNDERTAKING DEBT

    25(1) Despite any general or special Act, a municipality or board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or may be raised after the term for which the council or board was elected.

  • 25(2) APPLICATION OF SUBS. (1)

    25(2) Subsection (1) applies to a local board, other than a board as defined in subsection 1 (1) of the Education Act, that is entitled to apply to the council of a municipality to have money provided by the issue of debentures of the municipality.

  • 25(3) MATTERS NOT REQUIRING TRIBUNAL APPROVAL

    25(3) Subsection (1) does not apply to,

    (a) anything done with the approval of the Tribunal, if the approval is,

    (i) provided for by another Act or by another provision of this Act, and

    (ii) obtained in advance;

    (b) a by-law of a municipality containing a provision to the effect that it shall not come into force until the approval of the Tribunal has been obtained;

    (c) the appointment of an engineer, land surveyor or commissioner under the Drainage Act;

    (d) anything done by a municipality that does not cause it to exceed the limit prescribed under subsection 401 (4) of the Municipal Act, 2001; or

    (e) a by-law or resolution of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the municipality has been obtained.

  • 25(4) APPROVAL OF TRIBUNAL

    25(4) The approval of the Tribunal mentioned in clause (3) (a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1).

  • 25(5) DEFINITION

    25(5) In this section,
    “work” includes any undertaking, project, scheme, act, matter or thing.

  • 25(6) NON-APPLICATION

    25(6) This section does not apply to the City of Toronto.

  • 26 INQUIRY BY THE TRIBUNAL

    26 Upon an application being made to the Tribunal for the approval required by section 25, the Tribunal shall proceed to deal with the application in the manner provided by and shall have regard to the matters mentioned in section 23, and may hold such hearings as may appear necessary to the Tribunal.

  • 27 TRIBUNAL MAY IMPOSE CONDITIONS ON GIVING APPROVAL

    27 The Tribunal may impose, as it considers necessary and as a condition of giving its approval as required by section 25, restrictions, limitations and conditions upon the municipality with respect to the matter before the Tribunal or with respect to the current annual or future annual expenditures of the municipality for any purpose or with respect to further issues of debentures by the municipality.

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