HomeMy WebLinkAboutChapter 465 - Ontario Municipal Board - Sole Arbitrator GENERAL
Chapter 465
ONTARIO MUNICIPAL BOARD
SOLE ARBITRATOR
Article 1
DESIGNATIONS
465.1.1 Ontario Municipal Board
465.1.2 Public body- defined
465.1.3 Other arbitrable disputes
Article 2
REPEAL-ENACTMENT
465.2.1 By-law-previous
465.2.2 Ef'f'ective date
WHEREAS the Council of The Corporation of the City of Kitchener
wishes to amend the provisions of the Municipal Code respecting the ap-
pointment of arbitrators for the conduct of arbitrations to which the City
is a party;
AND WHEREAS section 197 of the Municipal Act;R.S.O.1990,c.M.45,
as amended,provides that where a municipality does not have an Official
Arbitrator appointed by the Lieutenant Governor in Canada pursuant to
the Municipal Arbitrations Act, R.S.O. 1990, c. M48, as amended, a
judge of the Superior Court ofJustice shall be the sole arbitrator, except
where the Ontario Municipal Board has been designated as sole arbitra-
tor by by-law enacted under section 198 of the Municipal Act;
AND WHEREAS the City of Kitchener does not have an OfficialArbitra-
tor, and has previously designated the Ontario Municipal Board as sole
KITCHENER 465.1 JULY 2002
465l1 OMB SOLE ARBITRATOR 465.2.2
arbitrator by by-law nnortedpux,uon/ to section 198 Yf the Municipal
Art;
AND WHEREAS the Council Yfthe City Yf Kitchener has now J,x,r-
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City Yf&Jx6nnor and other municipalities Y/pu6lir bodies, but that all
other arbitrations m which the City isoporty and which are governed 6y
the M/n/ripo/Ar/or the Municipal Arbitrations Act 6n conducted 6qforr
o/uJgnY/thn Ontario Superior Court Y{/vvtiorpux,uon/m section/y7Yf
the Municipal Act.
Article l
DESIGNATIONS
465.1.1 Ontario Municipal Board
The Ontario Municipal Board iy hereby designated uy the sole arbitrator for
the City iu respect of arbitrable disputes arising solely between the City and
one or more municipalities or public bodies and in respect of matters falling
within the jurisdiction of the said Board pursuant to section lV8of the Mu-
nicipal Art, R.88. lVV0,o.M445.
465.1.2 PubDobodJ-defined
For the purposes of Section 465.1.1,"public body"means any municipality,
local hounJ, government ministry or Jnpuuoznut, hounJ, 000noiyyiou,
ugnuoy or official of provincial or federal government or u First Nation.
465.1.8 Other arbitrable disputes
All other arbitrable disputes to which the City is a party and which are gov-
emed by the Municipal Act or the Munici p al Arbitrations Act shall be con-
ducted before a judge of the Ontario Superior Court of Justice.
Article
REPEAL-ENACTMENT
465.2.1 By-law-previous
Chapter 465of the City of Kitchener Municipal Code iy hereby repealed.
465.2.2 Effective date
This Chapter shall come into force uyof the date of the final passing ofthe
enabling hy-6w. By-law 2002-l2V,2 July,2002.
JULY 2002 465.2 xurcxnwen