This provision defines key terms for minor restructuring, lists the kinds of restructuring covered, says what support is needed for a proposal, allows municipalities to support by by-law or resolution, and bars non-contiguous restructuring.
Definitions and interpretation 1. (1) In this Regulation, “double majority” has the meaning given to that phrase under subsections (2) and (3); (“double majorité”) “part”, in relation to an upper-tier municipality, means part of the upper-tier municipality for municipal purposes; (“partie”) “proposal” means a proposal for minor restructuring of municipalities made by the City under subsection 149 (1) of the Act. (“proposition”) O. Reg. 592/06, s. 1 (1). (2) A double majority of local municipalities is a majority of the local municipalities with more than half of the electors in all the local municipalities. O. Reg. 592/06, s. 1 (2). (3) For the purposes of subsection (2), the number of electors in a local municipality or an upper-tier municipality, in relation to a proposal, is the number of persons whose names appear on the voters’ list, as amended up until the close of voting on voting day at the most recent regular election under the Municipal Elections Act, 1996 preceding the submission of the proposal to the Minister. O. Reg. 592/06, s. 1 (3). Prescribed types of restructuring 2. (1) The following types of restructuring are prescribed for the purposes of subsection 149 (2) of the Act: 1. Annexing a part of the City to another local municipality. 2. Joining part of the City to an upper-tier municipality. 3. Annexing a part of another local municipality to the City. 4. Separating part of another local municipality from an upper-tier municipality. O. Reg. 592/06, s. 2 (1). (2) Subsection (1) does not include, (a) a restructuring that results in any part of an upper-tier municipality not being part of a local municipality; or (b) a restructuring that results in any part of a local municipality, (i) being part of more than one upper-tier municipality, or (ii) being part of an upper-tier municipality if any other part of the local municipality is not part of that upper-tier municipality. O. Reg. 592/06, s. 2 (2). Support 3. The following support is necessary for a proposal: 1. The support of a double majority of the group consisting of every local municipality that, as a result of the proposal, would have any part of its boundaries changed. 2. The support of an upper-tier municipality if, as a result of the proposal, a local municipality that is part of the upper-tier municipality would have any part of its boundaries changed. O. Reg. 592/06, s. 3. By-law or resolution 4. A local municipality or upper-tier municipality may support a proposal by by-law or resolution. O. Reg. 592/06, s. 4. Restructuring principle and standard 5. (1) The restructuring principle and standard set out in subsection (2) is established for the purposes of subsections 149 (8) and (9) of the Act. O. Reg. 592/06, s. 5 (1). (2) No minor restructuring is permitted if a municipality that would exist after the minor restructuring would consist of two or more parts that are not contiguous. O. Reg. 592/06, s. 5 (2). 6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 592/06, s. 6.