hordruma/ontario_laws_and_regs huggingface dataset:
PART I PURPOSE AND INTERPRETATION
Purpose
0.1 The purpose of this Act is to provide for the organization and delivery of programs and services that further the conservation, restoration, development and management of natural resources in watersheds in Ontario. 2017, c. 23, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 1 - 12/12/2017
PART I PURPOSE AND INTERPRETATION
Definitions
1 In this Act, “advisory board” means an advisory board appointed by an authority; (“conseil consultatif”) “authority” means a conservation authority established by or under this Act or a predecessor of this Act; (“office”) “executive committee” means the executive committee appointed by an authority; (“comité de direction”) “land” includes buildings and any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”) “Minister” means the Minister of Natural Resources and Forestry or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “municipality” means a local municipality, and includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act; (“municipalité”) “operating expenses” include, (a) salaries, per diems and travel expenses of employees and members of an authority, (b) rent and other office costs, (c) program expenses, (d) costs that are related to the operation or maintenance of a project, but not including the project’s capital costs, and (e) such other costs as may be prescribed by regulation; (“dépenses d’exploitation”) “participating municipality” means a municipality that is designated by or under this Act as a participating municipality; (“municipalité participante”) “project” means a work undertaken by an authority for the furtherance of its objects; (“projet”) “watershed” means an area drained by a river and its tributaries. (“bassin hydrographique”)  R.S.O. 1990, c. C.27, s. 1; 1996, c. 1, Sched. M, s. 40; 1998, c. 18, Sched. I, s. 1; 2002, c. 17, Sched. F, Table; 2017, c. 23, Sched. 4, s. 2; 2019, c. 9, Sched. 2, s. 1; 2022, c. 21, Sched. 2, s.1. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 40 (1, 2) - 30/01/1996; 1998, c. 18, Sched. I, s. 1 - 18/12/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 23, Sched. 4, s. 2 (1, 2) - 01/07/2023 2019, c. 9, Sched. 2, s. 1 - 02/02/2021 2022, c. 21, Sched. 2, s. 1 - 28/11/2022
PART I PURPOSE AND INTERPRETATION
Existing aboriginal or treaty rights
1.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 36, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 1 - 02/02/2021 Part II   Establishment of conservation Authorities
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Meeting to establish authority for watershed
2 (1) Where the councils of any two or more municipalities situate either wholly or partly within a watershed by resolution request the Minister to call a meeting for the establishment of an authority for the watershed or any defined part thereof, the Minister shall fix a time and place for such a meeting and shall forthwith notify the council of every municipality either wholly or partly within the watershed or part thereof.  R.S.O. 1990, c. C.27, s. 2 (1). Representatives at meeting (2) The council of each municipality may appoint representatives to attend the meeting in the following numbers: 1. Where the population is 1,000,000 or more, seven representatives. 1.1 Where the population is 500,000 or more but less than 1,000,000, six representatives. 1.2 Where the population is 250,000 or more but less than 500,000, five representatives. 2. Where the population is 100,000 or more but less than 250,000, four representatives. 3. Where the population is 50,000 or more but less than 100,000, three representatives. 4. Where the population is 10,000 or more but less than 50,000, two representatives. 5. Where the population is less than 10,000, one representative.  R.S.O. 1990, c. C.27, s. 2 (2); 2001, c. 9, Sched. K, s. 1 (1). Authority of representatives (3) The representatives so appointed have authority to vote and generally act on behalf of their respective municipalities at the meeting.  R.S.O. 1990, c. C.27, s. 2 (3). Quorum (4) At any meeting called under this section, a quorum consists of two-thirds of the representatives that the municipalities notified are entitled to appoint.  R.S.O. 1990, c. C.27, s. 2 (4); 2017, c. 23, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 1 (1) - 29/06/2001 2017, c. 23, Sched. 4, s. 4 - 12/12/2017 Establishment, jurisdiction and initial financing
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Establishment and jurisdiction of authority
3 (1) Upon receipt by the Minister of a resolution passed at a meeting held under section 2 and at which a quorum was present by not less than two-thirds of the representatives present thereat requesting the establishment of an authority, the Lieutenant Governor in Council may establish a conservation authority and designate the municipalities that are the participating municipalities and the area over which the authority has jurisdiction.  R.S.O. 1990, c. C.27, s. 3 (1); 2017, c. 23, Sched. 4, s. 5 (1). Where only part of municipality in watershed (2) Where a municipality is only partly within the watershed, the Lieutenant Governor in Council may include the whole or that part of the municipality in the area over which the authority has jurisdiction.  R.S.O. 1990, c. C.27, s. 3 (2). Name of authority (3) The name of each authority shall be determined by the Lieutenant Governor in Council and shall conclude with the words “conservation authority” in English and shall include the words “office de protection de la nature” in French.  R.S.O. 1990, c. C.27, s. 3 (3). Corporate body (4) Every authority is a body corporate.  R.S.O. 1990, c. C.27, s. 3 (4). Borrowing power (5) Every authority may, for its purposes, borrow on the promissory note of the authority such money as may be required until payment to the authority of any grants and of sums to be paid to the authority by the participating municipalities.  R.S.O. 1990, c. C.27, s. 3 (5); 2017, c. 23, Sched. 4, s. 5 (2). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 5 (1, 2) - 12/12/2017 Upper-tier municipalities
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Regional municipalities to act in place of local municipalities
4 (1) An upper-tier municipality that was established as a regional municipality before the day subsection 6 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, (a) shall act in the place of the local municipalities within the regional municipality for the purpose of appointing representatives to attend a meeting for the establishment or enlargement of a conservation authority or the amalgamation of conservation authorities and for the purpose may appoint representatives in the numbers to which the local municipalities would otherwise have been entitled; and (b) shall be a participating municipality in the place of such of the local municipalities within the regional municipality as are wholly or partly within the area under the jurisdiction of a conservation authority and shall appoint to each such authority the number of members to which the local municipalities would otherwise have been entitled as participating municipalities.  R.S.O. 1990, c. C.27, s. 4 (1); 2017, c. 23, Sched. 4, s. 6 (1). (2) Repealed: 2017, c. 23, Sched. 4, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 6 (1, 2) - 12/12/2017
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Toronto and Region Conservation Authority
5 (1) The Metropolitan Toronto and Region Conservation Authority is continued under the name Toronto and Region Conservation Authority in English and Office de protection de la nature de Toronto et de la région in French, and has jurisdiction in all matters provided for in this Act over the area under its jurisdiction on December 31, 1990, as it may be altered under this Act.  1997, c. 26, Sched. (2) Repealed:  2001, c. 9, Sched. K, s. 1 (2). Designation of participating municipalities and area (3) The Lieutenant Governor in Council may designate, (a) the municipalities that are the participating municipalities of the Toronto and Region Conservation Authority; and (b) the area over which the Toronto and Region Conservation Authority has jurisdiction.  1997, c. 26, Sched. Members (4) Despite subsections 14 (1), (2) and (5) but subject to subsection 14 (2.1), the number of members appointed to the Toronto and Region Conservation Authority by the City of Toronto shall, at all times, be equal to the total number of members appointed by the other participating municipalities.  1997, c. 26, Sched.; 2001, c. 9, Sched. K, s. 1 (3). Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998 2001, c. 9, Sched. K, s. 1 (2, 3) - 29/06/2001
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Hamilton Region Conservation Authority
6 (1) The Hamilton Region Conservation Authority is continued under the name Hamilton Region Conservation Authority in English and Office de protection de la nature de la région de Hamilton in French, and has jurisdiction in all matters provided for in this Act over the area under its jurisdiction on the 31st day of December, 1990, as it may be altered under this Act.  R.S.O. 1990, c. C.27, s. 6 (1). (2) Repealed:  2001, c. 9, Sched. K, s. 1 (4). Designation of participating municipalities and area (3) The Lieutenant Governor in Council may designate the municipalities that are the participating municipalities of the Hamilton Region Conservation Authority and the area under its jurisdiction.  R.S.O. 1990, c. C.27, s. 6 (3). (4) Repealed:  2000, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 8 - 01/01/2001 2001, c. 9, Sched. K, s. 1 (4) - 29/06/2001
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Grand River Conservation Authority
7 (1) The Grand River Conservation Authority is continued under the name Grand River Conservation Authority in English and Office de protection de la nature de la rivière Grand in French as a conservation authority under this Act.  R.S.O. 1990, c. C.27, s. 7 (1). Designation of participating municipalities and area (2) The Lieutenant Governor in Council may designate the municipalities that are the participating municipalities of the Grand River Conservation Authority and the area over which it has jurisdiction.  2001, c. 9, Sched. K, s. 1 (5). (3) Repealed:  2001, c. 9, Sched. K, s. 1 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 1 (5) - 29/06/2001
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Grouping of municipalities
8 The participating municipalities may designate any group of municipalities that shall be considered as one municipality for the purpose of appointing a member or members to a conservation authority and provide for the appointment of the member or members to be appointed by a group of municipalities.  R.S.O. 1990, c. C.27, s. 8; 1998, c. 18, Sched. I, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 2 - 18/12/1998
PART II ESTABLISHMENT OF CONSERVATION AUTHORITIES
Establishment of authority for two or more watersheds
9 Where the councils of any three municipalities situate either wholly or partly within the area comprising two or more watersheds by resolution request the Minister to call a meeting for the establishment of an authority for such watersheds or any defined parts thereof, the provisions of sections 2 and 3 apply with necessary modifications.  R.S.O. 1990, c. C.27, s. 9. Part III   Enlarging Areas of Jurisdiction, Amalgamations and Dissolutions
PART III ENLARGING AREAS OF JURISDICTION, AMALGAMATIONS AND DISSOLUTIONS
Enlargement of authority’s area
10 (1) If an authority has been established, the council of a municipality that is completely or partly outside the jurisdiction of the authority may call a meeting to consider the enlargement of the area over which the authority has jurisdiction to include an area specified by the municipality.  1998, c. 18, Sched. I, s. 3 (1). Notice of meeting (1.1) Notice of the meeting shall be given to each participating municipality of the authority and to any municipality that is completely or partly within the area specified under subsection (1). 2017, c. 23, Sched. 4, s. 8. Representatives (2) Each municipality that receives notice of the meeting may appoint the number of representatives to attend the meeting that is determined in accordance with subsection 2 (2). 2017, c. 23, Sched. 4, s. 8. Quorum (3) At any meeting called under this section, a quorum consists of two-thirds of the representatives that the municipalities are entitled to appoint under subsection (2). 2017, c. 23, Sched. 4, s. 8. Resolution (4) At a meeting held under this section at which a quorum is present, a resolution may be passed to do all of the following: 1. Agree to enlarge the area over which the authority has jurisdiction. 2. Designate participating municipalities for the enlarged area. 3. Designate the enlarged area over which the authority has jurisdiction. 2017, c. 23, Sched. 4, s. 8. Two-thirds majority vote (5) A resolution described in subsection (4) shall be passed by a majority of at least two-thirds of the representatives present at the meeting. 2017, c. 23, Sched. 4, s. 8. Resolution in effect (6) A resolution described in subsection (4) takes effect on such terms as it may specify despite anything to the contrary in the order in council establishing the authority. 2017, c. 23, Sched. 4, s. 8. Minister’s copy (7) The municipality that called a meeting under subsection (1) shall provide the Minister with a copy of any resolution described in subsection (4) passed at the meeting promptly after the resolution is passed. 2017, c. 23, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 3 (1, 2) - 18/12/1998 2017, c. 23, Sched. 4, s. 8 - 12/12/2017
PART III ENLARGING AREAS OF JURISDICTION, AMALGAMATIONS AND DISSOLUTIONS
Participating municipalities following annexation, etc.
13 Where a new municipality is erected or two or more municipalities are amalgamated or any area is annexed to a municipality and any part of the resulting municipality is within the area over which an authority has jurisdiction, such resulting municipality shall be deemed to have been designated a participating municipality by the Lieutenant Governor in Council.  R.S.O. 1990, c. C.27, s. 13.
PART III ENLARGING AREAS OF JURISDICTION, AMALGAMATIONS AND DISSOLUTIONS
Dissolution of authority
13.1 (1) An authority shall call a meeting of the members of the authority to consider the dissolution of the authority if, by resolution, the councils of two or more participating municipalities request the meeting.  1996, c. 1, Sched. M, s. 41. Public notice (1.1) The authority that calls a meeting under subsection (1) shall ensure that, at least 14 days before the meeting, notice of the meeting is, (a) published in a newspaper having general circulation in each participating municipality, including in the electronic version of the newspaper where available; or (b) if there is no newspaper of general circulation in a participating municipality, posted on a website maintained by the municipality and in at least one prominent place in the municipality. 2017, c. 23, Sched. 4, s. 10 (1). Quorum (2) Despite subsection 16 (2), a quorum at a meeting called under this section consists of two-thirds of the members of the authority.  1996, c. 1, Sched. M, s. 41; 2017, c. 23, Sched. 4, s. 10 (2). (3), (4) Repealed: 2017, c. 23, Sched. 4, s. 10 (3). Public representations (5) No vote shall be taken on a resolution requesting dissolution of the authority unless members of the public have been given an opportunity at the meeting to make representations on the issue.  1996, c. 1, Sched. M, s. 41. Criteria for dissolution (6) The Lieutenant Governor in Council may dissolve the authority, on such terms and conditions as the Lieutenant Governor in Council considers appropriate, if, (a) the Minister receives a resolution requesting the dissolution passed by at least two-thirds of the members of the authority present and entitled to vote at a meeting held under this section and at which a quorum was present; (b) the Minister is satisfied that acceptable provision has been made for future flood control and watershed interests and for the disposition of all assets and liabilities of the authority; and (c) the Minister is satisfied that acceptable provision has been made for future protection of drinking water sources.  1996, c. 1, Sched. M, s. 41; 2006, c. 22, s. 113 (1); 2019, c. 9, Sched. 2, s. 2. (7) Repealed: 2017, c. 23, Sched. 4, s. 10 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 41 - 30/01/1996 2006, c. 22, s. 113 (1) - 03/07/2007 2017, c. 23, Sched. 4, s. 10 (1-4) - 12/12/2017 2019, c. 9, Sched. 2, s. 2 - 02/02/2021 Part IV   Membership and Governance
PART IV MEMBERSHIP AND GOVERNANCE
Meetings of authority
15 (1) The first meeting of an authority shall be held at such time and place as may be determined by the Minister and, in each year thereafter, the authority shall hold at least one meeting before the 1st day of March and at least one meeting after the 1st day of July and such other meetings as it considers necessary to effectively conduct the affairs of the authority.  R.S.O. 1990, c. C.27, s. 15 (1). Copies of minutes to members (2) Within 30 days after any meeting of an authority or of an executive committee, the secretary-treasurer of the authority shall send a copy of the minutes of the meeting to each member of the authority.  R.S.O. 1990, c. C.27, s. 15 (2); 1998, c. 18, Sched. I, s. 7. Agenda, minutes to be made public (2.1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, the authority shall, (a) make the agenda for a meeting of the authority or of its executive committee available to the public before the meeting takes place; and (b) make the minutes of a meeting of the authority or of its executive committee available to the public within 30 days after the meeting. 2020, c. 36, Sched. 6, s. 3. Same (2.2) An agenda for a meeting or its minutes that are to be made available to the public under subsection (2.1) shall be made available by posting them on the authority’s website and by any other means the authority considers appropriate. 2020, c. 36, Sched. 6, s. 3. Open meetings (3) Every meeting held by the authority shall be open to the public, subject to such exceptions as may be specified in the by-laws of the authority. 2017, c. 23, Sched. 4, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 7 - 18/12/1998 2017, c. 23, Sched. 4, s. 13 - 12/12/2018 2020, c. 36, Sched. 6, s. 3 - 02/02/2021
PART IV MEMBERSHIP AND GOVERNANCE
Decision-making at meetings
16 (1) Each member of an authority is entitled to one vote.  1998, c. 18, Sched, I, s. 8. Quorum (2) At any meeting of an authority, a quorum consists of one-half of the members appointed by the participating municipalities, except where there are fewer than six such members, in which case three such members constitute a quorum.  R.S.O. 1990, c. C.27, s. 16 (2); 2006, c. 22, s. 113 (2). Majority vote (3) A majority vote of the members present at any meeting is required upon all matters coming before the meeting.  R.S.O. 1990, c. C.27, s. 16 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 8 - 18/12/1998 2006, c. 22, s. 113 (2) - 03/07/2007
PART IV MEMBERSHIP AND GOVERNANCE
Chair, vice-chair
17 (1) At the first meeting held in each year or at such other meeting as may be specified by the authority’s by-laws, the authority shall appoint a chair and one or more vice-chairs from among the members of the authority.  1996, c. 1, Sched. M, s. 43; 2017, c. 23, Sched. 4, s. 14. Term of chair, vice-chair (1.1) A chair or vice-chair appointed under subsection (1) shall hold office for a term of one year and shall serve for no more than two consecutive terms. 2020, c. 36, Sched. 6, s. 4. Representation from each municipality (1.2) An authority in respect of which more than one participating municipality has been designated shall appoint chairs and vice-chairs from among the members appointed to the authority by each participating municipality on a rotating basis so as to ensure that a member appointed to the authority by a particular participating municipality cannot be appointed to succeed an outgoing chair or vice-chair appointed to the authority by the same participating municipality. 2020, c. 36, Sched. 6, s. 4. Exception (1.3) Despite subsections (1.1) and (1.2), upon application by an authority or a participating municipality, the Minister may grant permission to the authority or participating municipality to, subject to such conditions or restrictions as the Minister considers appropriate, (a) appoint a chair or vice-chair for a term of more than one year or to hold office for more than two consecutive terms; or (b) appoint as chair or vice-chair of the authority a member who was appointed to the authority by the same participating municipality that appointed the outgoing chair or vice-chair. 2020, c. 36, Sched. 6, s. 4. Vacancy (2) Subject to subsection (1), upon the death of the chair or a vice-chair, or upon the incapacity of the chair or a vice-chair to act, or upon the chair or a vice-chair ceasing to be a member of the authority, the remaining members may appoint a member to fill such vacancy.  R.S.O. 1990, c. C.27, s. 17 (2). Absence of chair and vice-chairs (3) In the event of the absence of the chair and the vice-chairs from any meeting of an authority, the members present shall appoint an acting chair who, for the purposes of such meeting, has all the powers and shall perform all the duties of the chair.  R.S.O. 1990, c. C.27, s. 17 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 43 - 30/01/1996 2017, c. 23, Sched. 4, s. 14 - 12/12/2017 2020, c. 36, Sched. 6, s. 4 - 02/02/2021 Employees and advisory boards
PART IV MEMBERSHIP AND GOVERNANCE
Employees
18 (1) An authority shall appoint a secretary-treasurer and may appoint such other employees as it considers necessary who shall hold office during the pleasure of the authority and shall receive such salary or other remuneration as the authority determines, payable out of the funds of the authority.  R.S.O. 1990, c. C.27, s. 18 (1). Advisory boards (2) An authority shall establish such advisory boards as may be required by regulation and may establish such other advisory boards as it considers appropriate. 2017, c. 23, Sched. 4, s. 15. Same (3) An advisory board shall comply with any requirements that may be prescribed by regulation with respect to its composition, functions, powers, duties, activities and procedures. 2017, c. 23, Sched. 4, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 15 - 12/12/2017
PART IV MEMBERSHIP AND GOVERNANCE
Executive committee
19 (1) The authority may appoint an executive committee from among the members of the authority.  R.S.O. 1990, c. C.27, s. 19 (1). Chair, vice-chair (2) The chair and vice-chair of the authority shall be the chair and vice-chair of the executive committee.  R.S.O. 1990, c. C.27, s. 19 (2). (3) Repealed:  1998, c. 18, Sched. I, s. 9. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 9 - 18/12/1998