c 123 The Regional Municipality of Niagara Amendment Act, 1970

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1 Ontario: Annual Statutes 1970 c 123 The Regional Municipality of Niagara Amendment Act, 1970 Ontario Queen's Printer for Ontario, 1970 Follow this and additional works at: Bibliographic Citation The Regional Municipality of Niagara Amendment Act, 1970, SO 1970, c 123 Repository Citation Ontario (1970) "c 123 The Regional Municipality of Niagara Amendment Act, 1970," Ontario: Annual Statutes: Vol. 1970, Article 125. Available at: This Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario: Annual Statutes by an authorized administrator of Osgoode Digital Commons.

2 1970 REGIONAL J\IUN. OF NIAGARA Chap CHAPTER 123 An Act to amend The Regional Municipality of Niagara Act, Assented to November 13th, 1970 Session Prorogued November 13th, 1970 HER l\.jajesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1.-(1) Clause g of subsection 1 of section 2 of The Regional ~:1~6~ 9 ~_ 2, Municipality of Niagara Act, is amended by striking~~~:n.j.;jl. g, out the third, fourth and fifth paragraphs of the description and substituting therefor: "THENCE westerly parallel to the south limit of the last-mentioned allowance for road and its production westerly to the toe of the slope on the west bank of the New \Velland Ship Canal now under construction, being 175' west of the centre line thereof; TIIEXCE southwesterly along the said toe of the slope of the west bank of the New \Velland Ship Canal parallel to and always l 7 5' west of the centre line thereof to its intersection with the toe of the slope on the cast bank of the present ship canal, said toe of the slope being 100' east of the centre line thereof; THENCE northerly along the toe of the slope of the last-incntioned bank, always 100' east of the centre line of the present ship canal to a point distant 1,000' measured southerly at right angles from the southern limit of the road allowance between concessions IV and \1 of the said Township of Humberstonc known as Forks Road". (2) Clause k of subsection 1 of the said section 2 is amended t?n6~ 8 s. 2, by striking out the tenth, eleventh and twelfth paragraphs of subs. 1, d. k, h d.. d b.. h f amended t e escnpt1on an su st1tut111g t ere or: "THEl'CE westerly along a line parallel to the south limit of the road allowance between the said townships

3 1142 Chap. 123 REGION,\I, ).fun. OF NIAGARA 1970 ships of Humberstone and Crowland known as l\'etherby Road and its production westerly to the toe of the slope on the west bank of the New Welland Ship Canal now under construction, being 17 5' west of the centre line thereof; THEi'iCE southwesterly along the said toe of the slope of the west bank of the New Welland Ship Canal parallel to and always 17 5' west of the centre line thereof to its intersection with the toe of the slope on the east bank of the present ship canal, said toe of the slope being 100' east of the centre line thereof; THE'.'l'CE northerly along the toe of the slope of the last-mentioned bank always 100' east of the centre line of the present ship canal to a point distant 1,000' measured southerly at right angles from the southern limit of the road allowance between concessions IV and V of the said Township of Humberstone known as Forks Road;" 191}8-63, c. 106, s. 3, subs. 5, re-enacted Elections 1972 ~iagara Falls 2. Subsection 5 of section 3 of The Regional Municipality of Niagara Act, is repealed and the following sub stituted therefor: (5) The :\Jinister, for the purposes of the election of council for the City of Niagara Falls for the years 1973 and 1974, may by order, (a) redivide the City of Niagara Fails into wards; (b) make provision that only persons whose principal place of residence is continuously from the 1st day of January, 1972, to the date of nominations in such wards are eligible to be elected as aldermen for such wards; and (c) provide for such other matters as he considers necessary to hold such election. ~~~~6~ 9.:. sia 3.-(1) Subsection 1 of section 81a of The Regional llfunicic1;i~-69, > 4 pality of Niagara Act, , as enacted by section 4 of ~iibs. i.s. The Regional J{unicipality of Niagara Amendment Act, amended 69, is. amen d e d b y stn 'k" mg out "d unng. t I 1e year 19~0" / m. tie I fourth line, so that the subsection shall read as follows: Existing speed limits continued Il.S.0. 19GO, c. 172 (1) ::-.Jotwithstanding the other provisions of this Act but subject to subsections 2 and 3, for the purposes of section 59 of The Ilighway Traffic Ac/ the areas in the

4 1970 REGIO:\..\L \!UN. OF NJAGAHA Chap the Regional Area that, 011 the 31st day of December, 1969, formed part of a city, town, village or township municipality or police village shall be deemed to continue to form part of a city, town, village or township municipality or police village. (2) Subsection 3 of the said section 8la is amended by ~:~~6~ 9 s. 814 striking out "during the year 1970" in the seventh line so ( ' c. 107, s. 4). that the subsection shall read as follows: subs. 3, amended (3) Every by-law passed by the council of a municipality ~;!f~~~.~g or by the trustees of a police village under any pro- ~.n1~rof vision of section 59 of The IIighway Traffic Act that R.s.o. rngo. applied, on the 31st day of December, 1969, to any~;,,~li~rnc <l highway or portion thereof within the Regional Area shall continue to apply thereto until a by-law passed by the Regional Council or the council of an area municipality under such section 59 applies thereto. 4. Clause a of section 116 of The Regional Jfunicipality of G9. N iagara. A ct, s. amen d e d b y 111sert1ng.. a f ter "A ct " c. 10!1l s. 116, cl. a, h f I I. " b. 1 4 f. ~ I f" amender! t e ourt 1 me except su sections to o section 1 t 1ereo, so that the clause shall read as follows: (a) the Regional Corporation shall be deemed to be a city having a population of more than 15,000 according to the last municipal census for the purposes of The Police Act, except subsections 1 to 4 ~-~9~ 19 GO, of section 7 thereof; and 5. Clause c of s1.bsection 3 of section 118 of The Regional~~~i6~G,.Municipality of Nwgara A ct, is repealed and the ~~G!. 8 :i. following substitu led therefor: cl. c, (c) have credited to him in the.l\iagara Regional Police Force the number of years of service that he had in the police force of the local municipality of which he was a member on the 31st day of December, 1969, together with his year of service in the police force of the area municipality. re-enacted 6. Subsections 2, 3 and 4 of section 130 of The Regional ~~~~6~ 9.Municipality of }liagara Act, N68-6fJ arc repealed and the 8 i ao. following substillltcd therefor: 'J ' su bss. 2-1, re-e11a1 ted (2) The amount required to be levied ;rn<l collected by ~:~ii~ ~ 0.fhool an area municipality for public school purposes on ~~~~~:~~;~f commercial assessment determined as a result of assessment the

5 1144 R.S.O. 1960, c. 3 Gl Chap. 123 REGIOXAL MUN. OF N"TAGARA 1970 the application of section 105 of The Schools Administration Act shall be apportioned among the merged areas in the ratio that the total commercial assessment for public school purposes in each merged area bears to the total commercial assessment for public school purposes in the area municipality, both as equalized by the Department in accordance with subsection 4 of section 128. Rates for public school purposes on residential assessment (3) The amount required to be levied and collected by an area municipality for public school purposes on residential assessment determined as a result of the application of section 105 of The Schools Administration Act shall be apportioned among the merged areas in the ratio that the total residential assessment for public school purposes in each merged area bears to the total residential assessment for public school purposes in the area municipality, both as equalized by the Department in accordance with subsection 4 of section 128. Bates for secondary s chool p urposes on c ommere:ial assessment (4) The amount required to be levied and collected by an area municipality for secondary school purposes on commercial assessment determined as a result of the application of section 105 of The Schools Administration Act shall be apportioned among the merged areas in the ratio that the total commercial assessment for secondary school purposes in each merged area bears to the total commercial assessment for secondary school purposes in the area municipality, both as equalized by the Department in accordance with subsection 4 of section 128. Bates for secondary sc,hool purposes on residential assessment (5) The amount required to be levied and collected by an area municipality for secondary school purposes on residential assessment determined as a result of the application of section 105 of The Schools Administration Act shall be apportioned among the merged areas in the ratio that the total residential assessment for secondary school purposes in each merged area bears to the total residential assessment for secondary school purposes in the area municipality, both as equalized by the Department in accordance with subsection 4 of section 128. R egulations under R.S.O. 1960, c. 362 to apply (6) I'\otwithstanding subsections 2, 3, 4 and 5, where, in any year, a regulation is in force under section ~7a of The Secondary Schools and Boards of Education Act the

6 19i0 UEGTOXAL :MUN. OF XIAGARA Chap the apportionments referred to in the said subsections 2, 3, 4 and S shall be made in accordance with such regulation. (i) The provisions of this section apply until the date :tj'j!,trj!, 0 n determined by the :\,1inister under subsection S of section Section 131 of The Regional JVfunicipality of Niagara ;?~~6~n. Act, is repealed and the following substituted there- 8 rn1. l d for: rc-cnac e 131. The l\fo1ister mav provide from time to time by TranRitional - ad,111stments order that, in the year or years and in the manner specified in the order, the council of any area municipality shall levy, on the whole of the assessment for real property and business assessment according to the last revised assessment roll in any specified merged area or areas, rates of taxation for general purposes which are different from the rates which would have been levied for such purposes but for the provisions of this section. 8. Subsection 3 of section 163 of The Regi"onal 11funicipality 196~6u'<J, of Niagara Act, is amended bv striking out "Sections~: ft>:i: 10, 11 and, subject to subsection 3 of section 2" in the first ~~~~.l 1 cd line and inserting in lieu thereof "Sections 10 and l 1 and, subject to subsection 3 of section 2, subsection 2 of", so that the subsection shall read as follows: (3) Sections 10 and 11 and, subject to subsection 3 of~~~~~~n~'ns section 2, subsection 2 of section 14 of The 11funicipal and.amalga-.. A ct d o not app y to any area mun1c1pa 1ty except 111 mat1ons R.S.o. t9go, relation to alterations of boundaries, within the" 249 Regional Area, of area municipalities, which alterations, in the opinion of the J\fonicipal Board, are of a mi nor na turc. 9.-(1) Subsection 3 of section 182 of The Regional Munici"- ;?~~;; 69 pality of Niagara Act, is amended by striking outs. ~s2: "1971" in the sixth Ii ne and inserting in lieu thereof "19 72 ''. ~ 1 :n:;,j 1 ed (2) Subsection 4 of the said section 182 is amended by ~?n;,~ 9 striking out "1971" in the fifth line and inserting in lieus. ~s 2 4 thereof "19i2". ~1:n~ri.dcd 1.0. S~bs~ction 2b of section 183 of The Regional _Munici- :,~~~6~n. pality oj Niagara Act, , as enacted by section 8 ofs. 18:>, The Regional Municipality of Niagara Amendment Act, (~~~s- 2 ci~. 69, is repealed and the following subs ti tu led therefor: ~e-~~~ c rej'l), (2b)

7 11-16 Licensing l>)'-la\\ may be passed by eouncils of cities n.s.o c. :l49 Chap. 123 H.EGfOC>li\L 2\H T:-i. OF NL\GAl~A 19i0 (2b) The council of any city in the Regional Area may pass any by-law that a board of commissioners of police of a city is authorized to pass under The Municipal Act , c. 106, amended Courts or revision continue d , c. 6 ~~~mence - ~~~r t 11. The Regional 111unicipality of Niagara Act, is amended by adding thereto the following section: 184b, The courts of revision constituted for the counties of Lincoln and Welland in the year 1969 shall be deemed to have been and are continued for the purposes of section 85 of The Assessment Act, , and the Regional Corporation shall be deemed to have been and is authorized to make all necessary expenditures required for such courts of revision. 12. This Act comes into force on the day it receives Royal Assent. 13. This Act may be cited as The Regional Municipality of Niagara Amendment Act, CHAPTE R