City of Aurelia Act: Part III (General power cont.)

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Peach
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City of Aurelia Act: Part III (General power cont.)

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PART III

GENERAL POWERS: LIMITS AND ADDITIONS
HIGHWAYS
Definitions
16. In section 18 to 21,
"bridge" means a public bridge forming part of a highway or on, over or across which a highway passes:
"provincial route" means a highway under the jurisdiction of the Province of Toro.

Provincial route
17. Except as otherwise provided in this Act, sections 18 to 21 do not apply to a provincial route.

By-laws
18. (1) Except as otherwise provided by this Act, the City may pass by-laws in respect of only those highways over which it has jurisdiction.

Joint jurisdiction
(2) If a highway is under the join jurisdiction of the City and one or more other municipalities, a by-law in respect of the highway must be passed by all the municipalities having jurisdiction over the highway.

Ownership of highway
19. The City owns the highway over which it has jurisdiction, subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person.

Maintenance of highways and bridges
20. (1) The City shall keep a highway or bridge over which it has jurisdiction in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge.

Liability
(2) IF the City defaults in complying with subsection (1), the City is liable for all damages any person sustains because of the default.

Defence
(3) Despite subsection (2), the City is not liable for failing to keep a highway or bridge in a reasonable state of repair if,
(a) the City did not know and could not reasonable have been expected to have known about the state of repair of the highway or bridge; or
(b) the City took reasonable steps to prevent the default from arising.
Sidewalks
(4) Except in case of gross negligence, the City is not liable for a personal injury caused by snow or ice on a sidewalk.

Notice
(5) No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon the city clerk.

Exception
(6) Failure to give notice is not a bar to the action in the case of the death of the injured person as a result of the injury.

Same
(7) Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the City is not prejudiced in its defence.

No liability
(8) The City is not liable for damages under this section unless the person claiming the damages has suffered a particular loss or damage beyond what is suffered by that person in common with all other persons affected by the lack of repair.

ECONOMIC DEVELOPMENT


Assistance prohibited
21. (1) Despite this or any other Act, the City shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose.
Same
(2) Without limiting subsection (1), the City shall not grant assistance by,
(a) giving or lending any property of the City, including money;
(b) guaranteeing borrowing
(c) leasing or selling any property of the City at below fair market value; or
(d) giving a total or partial exemption from any levy, charge or fee.

General power to make grants
22. (1) Despite any provision of this or any other Act relating to the giving of grants or aid by the City, the City may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the City for any purpose that council considers to be in the interests of the City.

Loans, guarantees, etc.
(2) The power to make a grant includes the power,
(a) to guarantee a loan and to make a grant by way of loan to charge interest on the loan;
(b) to sell or lease land for nominal consideration or to make a grant of land;
(c) to provide for the use by any person of land owned or occupied by the City upon such terms as may be fixed by council;
(d) to provide for the use of officers, employees or agents of the City by any person, upon such terms as may be fixed by council;
(e) to make donations of food stuffs and merchandise purchased by the City for that purpose.

Small business counselling
23. (1) Without limiting sections 7 and 8 and despite section 25, sections 7 and 8 authorize the City to provide for the establishment of a counselling service to small businesses operating or proposing to operate in the City.

Small business programs
(2) Without limiting sections 7 and 8, those sections authorize the City to encourage the establishment and initial growth of small businesses or any class of them in the City:
1. To establish and maintain programs for that purpose.

Permitted actions
(3) Without limiting sections 7 and 8, those sections authorize the City to do the following for the purposes of a program referred to in subsection (2):
1. To acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses.
2. To lease land to small businesses included in a program.
3. To sell, lease or otherwise dispose of any personal property of the City to an eligible small business.
4. To establish a city board under this Act to administer a program or to administer the City's participation in a program referred to in subsection (2).

HEALTH, SAFETY AND WELL-BEING


Smoking in public places, etc.
24. (1) This section applies to a city by-law to prohibit or regulate the smoking of tobacco in public places and workplaces.

Restriction
(2) The by-law shall not apply to a highway.

Scope of by-law
(3) The by-law may,
(a) define "public place" for the purpose of the by-law;
(b) require the owner or occupier of a public place, the employer of a workplace, or the owner to ensure compliance with the by-law.

Definitions
(4) In this section,
"smoking of tobacco" includes the holding of lighted tobacco;

Entry on land re emergency communication system
25. For the purposes of establishing, maintaining and operating a centralized communication system for emergency response purposes, the City may at any reasonable time enter upon land to affix numbers to buildings or erect signs setting out numbers on land.

Repairs or alterations, authorized entry
26. (1) The City may authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations.

Conditions
(2) The following apply to a power of entry under a by-law under this section:
1. The power of entry may be exercised by an employee or agent of the owner or occupant of land.
2. A person exercising the power of entry must display or, on request, produce proper identification.
3. Nothing in a by-law under this section authorizes entry into a building.
4. The owner or occupant shall provide reasonable notice of the proposed entry to the occupier of the adjoining land.
5. The owner or occupant of land shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land.
NATURAL ENVIRONMENT
Trees
27. (1) This section applies to a city by-law prohibiting or regulating the destruction or injuring of trees.
Same
(2) In passing a by-law prohibiting or regulating the destruction or injuring of trees in woodlands, the City shall have regard to good forestry practices as defined in the Forestry Act.

Exception from by-law
(3) The by-law does not apply to,
(a) the injuring or destruction of trees as a condition to the approval of plans or drawings for a site plan control area;
(b) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land;

Definition
(4) In this section,
"woodlands" means woodlands that are 100x100 blocks or more in area.
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