Regulations under this Act:
R.R.O. 1990, Reg. 808 Designation of facilities under developmental services act
The Act is the major source of general municipal authority within the Province. The powers of a municipality that this Act confers are intentionally quite general in nature so that their interpretation can enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to local municipal issues.
The Act outlines those areas where municipalities may pass by-laws, including:
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.
In jurisdictions where there exists both a “lower-tier” and an “upper-tier” (i.e. Regional) government by-laws are determined by the pre-established division of responsibility.
Generally, the Act establishes that municipalities have the authority over all local areas of culture, parks, recreation and heritage. This authority would include areas such as: providing community recreation programs; establishing and maintaining municipal parks and boulevards; construction and maintenance of community athletic facilities, cultural centres and recreation centres; creation of local museums to promote and conserve cultural objects; regulation and licensing of theatres, music halls, public halls and other places of entertainment within the municipality.
In addition, there are some regulations broadly related to recreation and culture that the Act mentions:
(a) Inspection of trees along municipal highways. Specifically, access to property along any municipal highway is permitted for the purpose of inspecting and/or removing decayed or damaged trees if the tree or a branch is deemed to pose a health or safety risk;
(b) A local municipality may prohibit or regulate the destruction or injuring of trees;
(c) Municipalities can license trailer camps/parks under a business licensing by-law and impose a license fee for each lot in the park;
(d) A local municipality may designate an area as an improvement area and may establish a board of management to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures for the purpose of promoting the area as a business or shopping area;
(e) A local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.