hordruma/ontario_laws_and_regs huggingface dataset:
PART V OBJECTS, POWERS AND DUTIES
Objects
20 (1) The objects of an authority are to provide, in the area over which it has jurisdiction, (a) the mandatory programs and services required under section 21.1; (b) any municipal programs and services that may be provided under section 21.1.1; and (c) any other programs or services that may be provided under section 21.1.2. 2020, c. 36, Sched. 6, s. 6 (1). Same (2) Subject to any other Act relating to gas or oil resources, authorities may enter into agreements to allow exploration, storage and extraction by others in order to share in the revenue from use of gas or oil resources owned by them if, (a) the use is compatible with the conservation, restoration, development and management of other natural resources; and (b) extraction occurs on land adjacent to, but not on, conservation authority land.  1998, c. 18, Sched. I, s. 10; 2020, c. 36, Sched. 6, s. 6 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 10 - 18/12/1998 2017, c. 23, Sched. 4, s. 18 - 12/12/2017 2020, c. 36, Sched. 6, s. 6 (1, 2) - 01/10/2021
PART V OBJECTS, POWERS AND DUTIES
Mandatory programs and services
21.1 (1) An authority shall provide the following programs or services within its area of jurisdiction: 1. Programs or services that meet any of the following descriptions and that have been prescribed by the regulations: i. Programs and services related to the risk of natural hazards. ii. Programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title. iii. Programs and services related to the authority’s duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. iv. Programs and services related to the authority’s duties, functions and responsibilities under an Act prescribed by the regulations. 2. Programs or services, other than programs or services described in paragraph 1, that have been prescribed by the regulations on or before the first anniversary of the day prescribed under clause 40 (3) (i).
2020, c. 36, Sched. 6, s. 8 (1). Same, Lake Simcoe Region Conservation Authority (2) In addition to the programs and services required to be provided under subsection (1), the Lake Simcoe Region Conservation Authority shall provide, within its area of jurisdiction, such programs and services as are prescribed by the regulations and are related to its duties, functions and responsibilities under the Lake Simcoe Protection Act, 2008. 2020, c. 36, Sched. 6, s. 8 (1). Standards and requirements (3) Programs and services required to be provided under subsections (1) and (2) shall be provided in accordance with such standards and requirements as may be set out in the regulations. 2020, c. 36, Sched. 6, s. 8 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 20 (1) - 12/12/2017; 2017, c. 23, Sched. 4, s. 20 (2) - no effect - see 2019, c. 9, Sched. 2, s. 10 (1) - 06/06/2019 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 8 (1) - 01/10/2021
PART V OBJECTS, POWERS AND DUTIES
Municipal programs and services
21.1.1 (1) Subject to subsection (1.1), an authority may provide, within its area of jurisdiction, municipal programs and services that it agrees to provide on behalf of a municipality situated in whole or in part within its area of jurisdiction under a memorandum of understanding, or such other agreement as may be entered into with the municipality, in respect of the programs and services. 2020, c. 36, Sched. 6, s. 8 (1). 2022, c. 21, Sched. 2, s. 3 (1). Exception, prescribed Acts (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a municipal program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act. 2022, c. 21, Sched. 2, s. 3 (2). Memorandum, agreement available to public (2) An authority shall make a memorandum of understanding or other agreement available to the public in such manner as may be determined in the memorandum or agreement. 2020, c. 36, Sched. 6, s. 8 (1). Periodic review of memorandum, agreement (3) An authority and a municipality who have entered into a memorandum of understanding or other agreement shall review the memorandum or agreement at such regular intervals as may be determined in the memorandum or agreement. 2020, c. 36, Sched. 6, s. 8 (1). Terms and conditions (4) Programs and services that an authority agrees to provide on behalf of a municipality shall be provided in accordance with, (a) the terms and conditions set out in the memorandum of understanding or agreement; and (b) such standards and requirements as may be prescribed. 2020, c. 36, Sched. 6, s. 8 (1). Conflict (5) If there is a conflict between the terms and conditions set out in the memorandum of understanding or agreement and the prescribed standard and requirements, the prescribed standards and requirements prevail. 2020, c. 36, Sched. 6, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 8 (1) - 01/10/2021 2022, c. 21, Sched. 2, s. 3 (1, 2) - 01/01/2023
PART V OBJECTS, POWERS AND DUTIES
Other programs and services
21.1.2 (1) Subject to subsection (1.1), in addition to programs and services described in sections 21.1 and 21.1.1, an authority may provide, within its area of jurisdiction, any other programs and services that it determines are advisable to further the purposes of this Act. 2020, c. 36, Sched. 6, s. 8 (1);
2022, c. 21, Sched. 2, s. 4 (1). Exception, prescribed Acts (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act. 2022, c. 21, Sched. 2, s. 4 (2). Agreement (2) On and after the day prescribed by the regulations, if financing under section 25 or 27 by a participating municipality is necessary in order for an authority to provide a program or service authorized to be provided under subsection (1), the program or service shall not be provided by the authority unless an agreement that meets the following criteria has been entered into between the authority and the participating municipality in respect of the program or service: 1. The agreement must provide for the participating municipality to pay to the authority, i. an apportioned amount under section 25 in connection with a project related to the program or service, or ii. an apportioned amount under section 27 in respect of the program or service. 2. The agreement must include provisions setting out the day on which the agreement terminates and a requirement that it be reviewed by the parties within the period specified in the regulations for the purpose of determining whether or not the agreement is to be renewed by the parties. 3. The agreement must meet such other requirements as may be prescribed by the regulations. See: 2020, c. 36, Sched. 6, s. 8 (2). Terms and conditions (3) Programs and services that an authority agrees to provide under an agreement described in subsection (2) shall be provided in accordance with, (a) such terms and conditions as may be set out in the agreement; and (b) such standards and requirements as may be prescribed.
See: 2020, c. 36, Sched. 6, s. 8 (2). Conflict (4) If there is a conflict between the terms and conditions set out in an agreement described in subsection (2) and the prescribed standards and requirements, the prescribed standards and requirements prevail. See: 2020, c. 36, Sched. 6, s. 8 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 8 (1, 2) - 01/10/2021 2022, c. 21, Sched. 2, s. 4 (1, 2) - 01/01/2023
PART V OBJECTS, POWERS AND DUTIES
Consultation
21.1.3 An authority shall carry out such consultations with respect to the programs and services it provides as may be required by regulation and shall do so in the manner specified by regulation. 2020, c. 36, Sched. 6, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 8 (1) - 01/10/2021
PART V OBJECTS, POWERS AND DUTIES
Transition plan re s. 21.1.2 (2)
21.1.4 (1) Every authority shall develop and implement a transition plan for the purpose of ensuring that it will be in compliance with subsection 21.1.2 (2) by the day prescribed by the regulations for the purpose of that subsection. 2020, c. 36, Sched. 6, s. 9. Contents (2) The transition plan shall address the following matters in accordance with the regulations: 1. Preparation by the authority of an inventory of the authority’s programs and services. 2. Consultation by the authority with participating municipalities on the inventory of programs and services mentioned in paragraph 1. 3. If financing under section 25 or 27 by a participating municipality is necessary in order for the authority to provide a program or service authorized to be provided under subsection 21.1.2 (1), steps to be taken by the authority for the purposes of seeking to enter into an agreement with the participating municipality in respect of that program or service. 4. Such other matters as may be prescribed by the regulations. 2020, c. 36, Sched. 6, s. 9. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 9 - 01/10/2021
PART V OBJECTS, POWERS AND DUTIES
Minister’s direction re fee changes
21.3 (1) The Minister may give a written direction to an authority directing it not to change the amount of any fee it charges under subsection 21.2 (10) in respect of a program or service set out in the list referred to in subsection 21.2 (2), for the period specified in the direction. 2022, c. 21, Sched. 2, s. 5. Compliance (2) An authority that receives a direction under subsection (1) shall comply with the direction within the time specified in the direction. 2022, c. 21, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 2, s. 5 - 01/01/2023
PART V OBJECTS, POWERS AND DUTIES
Minister’s powers
23 (1) Despite any powers conferred on an authority by this Act, the Minister may, when and for such periods as he or she considers necessary in the public interest, (a) require an authority to carry out flood control operations in a manner specified by the Minister; (b) require an authority to follow instructions issued by the Minister for the operation of one or more of the authority’s water control structures; or (c) take over the operation of one or more of an authority’s water control structures and require the authority to reimburse the Minister for any costs incurred by the Minister as a result.  1996, c. 1, Sched. M, s. 45. Areas not under jurisdiction of authority (2) Despite any powers conferred on the council of a municipality under this or any other Act, in an area that is not under the jurisdiction of an authority, the Minister may, when and for such periods as he or she considers necessary in the public interest, (a) require the council of a municipality to carry out flood control operations in a manner specified by the Minister; (b) require the council of a municipality to follow instructions issued by the Minister for the operation of one or more of the water control structures operated by the council; or (c) take over the operation of one or more of the water control structures operated by the council of a municipality and require the council to reimburse the Minister for any costs incurred by the Minister as a result.  1996, c. 1, Sched. M, s. 45. Definition (3) In subsection (2), “municipality” includes an upper-tier municipality.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 45 - 30/01/1996 2002, c. 17, Sched. F, Table - 01/01/2003
PART V OBJECTS, POWERS AND DUTIES
Information required by Minister
23.1 (1) An authority shall provide the Minister with such information as the Minister may require in relation to its operations, including the programs and services it provides. 2017, c. 23, Sched. 4, s. 22. Same (2) The information shall be provided at the time and in the manner as the Minister may specify. 2017, c. 23, Sched. 4, s. 22. Publication (3) If directed by the Minister to do so, an authority shall publish all or such portion of the information provided to the Minister under subsection (1) and shall do so at the time and in the manner specified by the Minister. 2017, c. 23, Sched. 4, s. 22. Investigator (4) The Minister may, at any time, appoint one or more investigators to conduct an investigation of an authority’s operations, including the programs and services it provides. 2019, c. 9, Sched. 2, s. 5. Powers of investigator (5) For the purposes of an investigation under subsection (4), an investigator may, (a) inquire into any or all of the authority’s affairs, financial and otherwise; (b) require the production of any records that may relate to the authority’s affairs; (c) inspect, examine, audit and copy anything required to be produced under clause (b); (d) conduct a financial audit of the authority’s operations, including its programs and services; and (e) require any member of the authority and any other person to appear before the investigator and give evidence on oath about the authority’s affairs. 2019, c. 9, Sched. 2, s. 5. Application of Public Inquiries Act, 2009 (6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4). 2019, c. 9, Sched. 2, s. 5. Report of investigator (7) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the authority. 2019, c. 9, Sched. 2, s. 5. Cost of investigation (8) The Minister may require the authority to pay all or part of the cost of an investigation under subsection (4). 2019, c. 9, Sched. 2, s. 5. Immunity for investigators (9) No action or other proceeding shall be instituted against an investigator appointed under subsection (4) for any act done in good faith in the performance or intended performance of their duties under this Act or for any alleged neglect or default in the performance in good faith of their duties. 2020, c. 36, Sched. 6, s. 11. Same (10) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (9) does not relieve the Crown of any liability to which it would otherwise be subject as a result of the actions of an investigator appointed under subsection (4). 2020, c. 36, Sched. 6, s. 11. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 22 - 12/12/2017 2019, c. 9, Sched. 2, s. 5 - 02/02/2021 2020, c. 36, Sched. 6, s. 11 - 02/02/2021
PART V OBJECTS, POWERS AND DUTIES
Minister’s order, etc.
23.2 (1) If, after reviewing the report of an investigator made under subsection 23.1 (7), the Minister believes that an authority has failed, or is likely to fail, to comply with a provision of this Act or the regulations or of any other Act or regulation that applies to the authority, the Minister may, (a) order the authority to do or refrain from doing anything to avoid, prevent or remedy the non-compliance; or (b) if the Minister believes it is advisable to do so, recommend to the Lieutenant Governor in Council that an administrator be appointed to take over the control and operation of the authority under section 23.3. 2020, c. 36, Sched. 6, s. 12. Compliance with order (2) An authority shall comply with an order made under clause (1) (a) within the time specified in the order. 2020, c. 36, Sched. 6, s. 12. Public availability (3) The Minister shall make every order made under clause (1) (a) available to the public in the manner the Minister considers appropriate. 2020, c. 36, Sched. 6, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 12 - 02/02/2021
PART V OBJECTS, POWERS AND DUTIES
Appointment of administrator
23.3 (1) If the Minister makes a recommendation under clause 23.2 (1) (b), the Lieutenant Governor in Council may make an order appointing an administrator to take over the control and operations of the authority, including the provision of programs and services that the authority provides. 2020, c. 36, Sched. 6, s. 12. Powers of administrator (2) The administrator may exercise all the powers and shall perform all the duties of the authority and of its members subject to such terms and conditions as may be specified in the appointment or by the Minister. 2020, c. 36, Sched. 6, s. 12. Notice to authority (3) The Minister shall ensure that a copy of an order under subsection (1) is delivered to the authority and to the participating municipalities as soon as is practical after it is made. 2020, c. 36, Sched. 6, s. 12. Powers of Minister (4) The Minister may issue directions to the administrator with regard to any matter within the jurisdiction of the administrator and the administrator shall carry out the directions. 2020, c. 36, Sched. 6, s. 12. Immunity for administrator (5) No action or other proceeding shall be instituted against an administrator appointed under subsection (1) for any act done in good faith in the performance or intended performance of their duties under this Act or for any alleged neglect or default in the performance in good faith of their duties. 2020, c. 36, Sched. 6, s. 12. Same (6) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (5) does not relieve the Crown of any liability to which it would otherwise be subject as a result of the actions of an administrator appointed under subsection (1). 2020, c. 36, Sched. 6, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 12 - 02/02/2021
PART V OBJECTS, POWERS AND DUTIES
Projects requiring approval
24 (1) Before proceeding with a project that involves money granted by the Minister under section 39, the authority shall file plans and a description with the Minister and obtain his or her approval in writing. 2017, c. 23, Sched. 4, s. 23. Terms and conditions (2) The Minister may impose terms and conditions on an approval given under subsection (1). 2022, c. 21, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 46 - 30/01/1996; 1996, c. 32, s. 66 (1, 2) - 01/01/1993 2017, c. 23, Sched. 4, s. 23 - 01/07/2023; 2017, c. 23, Sched. 5, s. 20 - 03/04/2018 2021, c. 4, Sched. 6, s. 39 (2) - 01/06/2021 2022, c. 21, Sched. 2, s. 6 (1) - 01/01/2023; 2022, c. 21, Sched. 2, s. 6 (2) - 01/07/2023
PART V OBJECTS, POWERS AND DUTIES
Recovery of project capital costs 
25 (1) An authority may, from time to time, determine the amount of capital costs to be incurred in connection with a project and apportion the capital costs to the participating municipalities in accordance with the regulations. 2017, c. 23, Sched. 4, s. 23. Limitation (1.1) Subject to subsections (1.2) and (1.3), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any capital costs in connection with a project related to a program or service authorized to be provided under subsection 21.1.2 (1). 2019, c. 9, Sched. 2, s. 6. Same (1.2) An authority shall include in the apportionment of capital costs to a participating municipality any capital costs in connection with a project related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsection 21.1.2 (2). 2019, c. 9, Sched. 2, s. 6. Extension of time (1.3) If the circumstances prescribed by the regulations apply in respect of an authority, a person designated by the Minister may, by written notice to the authority, specify that a later day than the day prescribed by the regulations under subsection (1.1) applies to the authority and if such a notice is issued, the prohibition set out in subsection (1.1) applies to the authority on and after the day set out in the notice. 2019, c. 9, Sched. 2, s. 6. Notice of apportionment (2) An authority shall send a notice of apportionment in writing to each participating municipality setting out the amount of the capital costs for a project that has been apportioned to the participating municipality. 2017, c. 23, Sched. 4, s. 23. Payment of apportioned amount (3) Each participating municipality shall pay to the authority the portion of the capital costs for a project that is specified in the notice of apportionment in accordance with the requirements set out in the notice and with this section. 2017, c. 23, Sched. 4, s. 23. How money to be raised (4) Each participating municipality may issue debentures to provide financing for the capital costs for a project of an authority. 2017, c. 23, Sched. 4, s. 23. Where money raised over several years (5) If the notice of apportionment requires a municipality to raise its portion of the capital costs for a project over a period of two or more years, the municipality shall, within 30 days of receiving the notice of apportionment, give the authority written notice of how it will pay its portion of the capital costs. 2017, c. 23, Sched. 4, s. 23. Debt due (6) The amount of the portion of the capital costs for a project that is specified in a notice of apportionment sent to a participating municipality is a debt due by the participating municipality to the authority and may be enforced by the authority as such. 2017, c. 23, Sched. 4, s. 23. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 23 - 01/07/2023; 2017, c. 23, Sched. 5, s. 21 (1, 2) - 03/04/2018 2019, c. 9, Sched. 2, s. 6 - 01/07/2023 2021, c. 4, Sched. 6, s. 39 (3, 4) - 01/06/2021