Municipal Act, 2001 (Ontario)

The Municipal Act, 2001^[1] is the main statute governing the creation, administration and government of municipalities in the Canadian province of Ontario, other than the City of Toronto. After being passed in 2001, it came into force on 1 January 2003, replacing the previous Municipal Act.^[2]

Functions

There are complex rules as to which municipalities have authority to act on any given subject, which are summarized as follows in Section 11:

11.(1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4).

(2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.
2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.
3. Financial management of the municipality and its local boards.
4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.
5. Economic, social and environmental well-being of the municipality.
6. Health, safety and well-being of persons.
7. Services and things that the municipality is authorized to provide under subsection (1).
8. Protection of persons and property, including consumer protection.

(3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.
2. Transportation systems, other than highways.
3. Waste management.
4. Public utilities.
5. Culture, parks, recreation and heritage.
6. Drainage and flood control, except storm sewers.
7. Structures, including fences and signs.
8. Parking, except on highways.
9. Animals.
10. Economic development services.
11. Business licensing.

(4) The following are the rules referred to in subsections (1), (2) and (3):

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table to this section, the upper-tier municipality does not have the power to pass by-laws under that sphere or part and does not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.
2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table to this section, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part and do not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.
3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table to this section, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.
4. If a lower-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, its upper-tier municipality does not have the power to pass the by-law under this section.
5. If an upper-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, a lower-tier municipality of the upper-tier municipality does not have the power to pass the by-law under this section.
6. Paragraphs 4 and 5 apply to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision.
7. The power of a municipality with respect to the following matters is not affected by paragraph 4 or 5, as the case may be:
   1. prohibiting or regulating the placement or erection of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway,
   2. any other matter prescribed by the Minister.

TABLE

Sphere of jurisdiction	Part of sphere assigned	Upper-tier municipality(ies) to which part of sphere assigned	Exclusive or non-exclusive assignment
Highways, including parking and traffic on highways	Whole sphere	All upper-tier municipalities	Non-exclusive
Transportation systems, other than on highways	Airports	All upper-tier municipalities	Non-exclusive
	Ferries	All upper-tier municipalities	Non-exclusive
	Disabled passenger transport systems	Peel, Halton	Non-exclusive
	Whole sphere, except airports and ferries	Waterloo, York	Exclusive
Waste management	Whole sphere, except waste collection	Durham, Halton, Lambton, Oxford, Peel, Waterloo, York	Exclusive
Public utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
	Water distribution	Niagara, Waterloo, York	Non-exclusive
		Oxford, Durham, Halton, Muskoka, Peel	Exclusive
Culture, parks, recreation and heritage	Whole sphere	All upper-tier municipalities	Non-exclusive
Drainage and flood control, except storm sewers	Whole sphere	All upper-tier municipalities	Non-exclusive
Structures, including fences and signs	Whole sphere, except fences and signs	Oxford	Non-exclusive
Parking, except on highways	Municipal parking lots and structures	All upper-tier municipalities	Non-exclusive
Animals	None	None
Economic development services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham	Exclusive
		All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York	Non-exclusive
	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham	Exclusive
		Halton, Lambton, Oxford	Non-exclusive
Business licensing	Owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire; Taxicab brokers; Salvage business; Second-hand goods business	Niagara, Waterloo	Exclusive
	Drainage business, plumbing business	York	Exclusive
	Lodging houses, septic tank business	York	Non-exclusive

See also

• Revised Statutes of Ontario

References

1. Municipal Act, 2001, S.O. 2001, c. 25
2. Municipal Act, 1990 R.S.O. 1990, c. M.45

External links

• Ministry of Municipal Affairs and Housing, Municipal Act e-guide