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Bill PR49, Oshawa Act (Oshawa Transit Commission), 1995 - City of

Flaherty, Jim

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City of Oshawa Act (Oshawa

Transit Commission), 1995

EXPLANATORY NOTE

The purpose of the Bill is set out in the

Preamble.

Bill Pr491995

An Act respecting the City of Oshawa

Preamble

The Corporation of the City of Oshawa has applied for special legislation to establish the Oshawa Transit Commission and to enable the Council of The Corporation of the City of Oshawa to entrust the management and operation of the city's public

bus transportation system, which is currently managed and operated by the Oshawa Public Utilities Commission, to the Oshawa Transit Commission.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Section 1 of The City of Oshawa Act, 1960 , being

chapter 160, is repealed and the following substituted:

Definitions

1. In this Act,

"Commission" means the Oshawa Transit Commission;

"Corporation" means The Corporation of the City of Oshawa;

"Council" means the Council of the Corporation;

"system" means the public bus transportation system established under the authority of this Act.

2. The Act is amended by adding the following sections:

Oshawa Transit Commission established

2.1

(1) The Oshawa Transit Commission is hereby established as a corporation without share capital.

Composition

(2) The Commission shall be composed of at least three and not more than seven members, as determined by by-law of the Council, who are appointed by the Council.

Same

(3) Not more than two-thirds of the Commission members may also be members of the Council.

Term of office

(4) Commission members shall hold office until the expiry of the term of office of the Council that appointed them or asotherwise fixed by by-law of the Council, or until their successors are appointed.

Re-appointment

(5) Commission members are eligible for re-appointment upon the expiry of their term of office.

Vacancy

(6) If the office of a Commission member becomes vacant, the Council shall, by by-law, appoint a person to fill the vacancy and to hold office for the remainder of the vacating member's term of office.

Quorum

(7) A majority of the Commission members constitutes a quorum.

Salary, remuneration

(8) Commission members may be paid such salary or other remuneration as may be fixed by by-law of the Council.

Restriction

2.2 The Commission shall not, without the consent of the Council expressed by by-law, operate a public bus transportation system outside the limits of the City of Oshawa.

Section 5 of the Act is repealed and the following substituted:

Estimate submitted to Council

(1) The Commission shall, in each year, on or before the day prescribed by the Council, submit to the Council for its consideration and approval an estimate of all sums required by the Commission during the following

year.

Same

(2) The Commission shall prepare the estimate in consultation with the administrative departments of the Corporation.

Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1968,

chapter 163,

section 1, is repealed and the following substituted:

Council responsible for net operating deficits

(1) The Council is responsible for the payment of any net operating deficit of the system and shall provide in its estimates each year for the estimated net operating deficit for the year as submitted by the Commission and

approved by the Council.

Payment to Commission

(2) The Council shall transfer to the Commission at its request such sums as are required to meet the net operatingdeficit for that part of the year ending with the Commission's request, but not exceeding in total the amount of the estimated

net operating deficit included in the Council's estimates for that year.

Repeal

(1) Section 15 of the Regional Municipality of Durham Act is repealed.

Transition

(2) Despite subsection (1), the Oshawa Pubic Utilities Commission shall retain the control and management of the bus transportation system until the Corporation entrusts, by by-law, the control and management of the bus transportation

system to the Oshawa Transit Commission.

Commencement

6. This Act comes into force on the day it receives Royal Assent.

Short title

7. The

short title of this Act is the City of Oshawa Act (Oshawa Transit Commission), 1995 .

Date Bill stage Activity Committee

December 11, 1995

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

December 11, 1995

First Reading

Carried

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