jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal purposes, including school purposes, in territory without municipal organization; (“municipalité”) “security” includes any interest, document, instrument or writing commonly known as a security, or any document that evidences a debt or any right or interest in relation to a debt. (“valeur mobilière”)  1993, c. 23, s. 1; 2001, c. 9, Sched. G, s. 1 (1); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 1 (1) - 29/06/2001 2002, c. 17, Sched. F, Table - 1/01/2003
2 (1) The following are established as corporations without share capital: 1.  A corporation to be known in English as the Ontario Financing Authority and in French as the Office ontarien de financement. 2.  Repealed: 2020, c. 18, Sched. 6, s. 46 (1). 3.  A corporation to be known in English as the Ontario Clean Water Agency and in French as the Agence ontarienne des eaux. 1993, c. 23, s. 2 (1); 2020, c. 18, Sched. 6, s. 46 (1). (2) Repealed: 2011, c. 9, Sched. 32, s. 38 (2). Membership (3) A corporation consists of the members of its board of directors. 1993, c. 23, s. 2 (3). Crown agency (4) Subject to section 24, a corporation is, for all its purposes, an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty. 1993, c. 23, s. 2 (4). Application of Part (5) This Part applies to the two corporations established under this section. 2011, c. 9, Sched. 32, s. 38 (3); 2020, c. 18, Sched. 6, s. 46 (2). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 32, s. 38 (2, 3) - 6/06/2011 2020, c. 18, Sched. 6, s. 46 (1, 2) - 21/07/2020 Responsible minister
3 (1) The Minister of Finance is the minister responsible for the administration of this Act in respect of the Ontario Financing Authority. 1993, c. 23, s. 3 (1). (2) Repealed: 2020, c. 18, Sched. 6, s. 46 (3). Ontario Clean Water Agency (3) The Minister of the Environment is the minister responsible for the administration of this Act in respect of the Ontario Clean Water Agency. 1993, c. 23, s. 3 (3); 2000, c. 26, Sched. E, s. 1 (1). (4) Repealed: 2011, c. 9, Sched. 32, s. 38 (4). Definition (5) In this Part, “minister”, except in section 8, means, in respect of a particular corporation, the minister who is responsible for the administration of this Act in respect of that corporation. 1993, c. 23, s. 3 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. E, s. 1 (1) - 6/12/2000 2009, c. 33, Sched. 14, s. 1 (1) - 15/12/2009 2011, c. 9, Sched. 32, s. 38 (4) - 6/06/2011 2020, c. 18, Sched. 6, s. 46 (3) - 21/07/2020
4 A corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act.  1993, c. 23, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is amended by adding the following subsection: (See: 2023, c. 5, Sched. 2, s. 6 (1)) Limitation re real property, Ontario Financing Authority (2) The Ontario Financing Authority’s capacity, rights, powers and privileges are also subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2023, c. 5, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 6 (1) - not in force
5 (1) The board of directors of a corporation shall manage or supervise the management of the business and affairs of the corporation.  2009, c. 18, Sched. 3, s. 1. Composition (2) A board shall be composed of its chair and at least four and not more than twelve other members appointed by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (2). Chair (3) The Deputy Minister of Finance is, by virtue of office, the chair of the board of the Ontario Financing Authority and the chairs of the other boards shall be appointed by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (3). Vice-chairs (4) A board shall have one or more vice-chairs appointed from amongst its members by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (4). Term of office (5) An appointed member shall hold office at pleasure for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each.  1993, c. 23, s. 5 (5). Quorum (6) Subject to the by-laws of the corporation, a majority of the members of the board constitutes a quorum for the transaction of business.  1993, c. 23, s. 5 (6). Acting chair (7) If the chair is absent or unable to act or if the office of chair is vacant, a vice-chair shall act as and have all the powers of the chair.  1993, c. 23, s. 5 (7). Same (8) If the chair and vice-chairs are absent from a board meeting, the members present at the meeting shall appoint an acting chair from among themselves to act as and to have all the powers of the chair during the meeting.  1993, c. 23, s. 5 (8). Remuneration (9) A member who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (9); 2006, c. 35, Sched. C, s. 11 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 11 (1) - 20/08/2007 2009, c. 18, Sched. 3, s. 1 - 5/06/2009
6 (1) The board of directors of a corporation may pass by-laws regulating its proceedings and specifying the powers and duties of the officers and employees and generally for the management of the corporation.  1993, c. 23, s. 6 (1). By-laws to be approved (2) A by-law of a corporation does not take effect until it is approved by the minister.  1993, c. 23, s. 6 (2). Borrowing and investing by-law (3) The power of a corporation and its subsidiary corporations to borrow, issue securities, make short-term investments of funds, manage risk associated with financing and investment or incur liabilities in order to facilitate financing by others may only be exercised under the authority of a by-law that has been approved by the Minister of Finance.  1993, c. 23, s. 6 (3). Co-ordination of financing activities by Authority (4) All borrowing, financing, short-term investment of funds and financial risk management activities of a corporation or its subsidiary corporations shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance agrees otherwise.  1993, c. 23, s. 6 (4).
7 The Lieutenant Governor in Council, upon the recommendation of the minister, may appoint a chief executive officer of a corporation to be responsible for its operation and for the performance of such other functions as are assigned by its board of directors.  1993, c. 23, s. 7.
9 (1) No proceeding for damages shall be commenced against any director, officer or employee of a corporation for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty.  1993, c. 23, s. 9 (1). Corporation’s liability (2) Subsection (1) does not relieve the corporation of any liability to which it would otherwise be subject in respect of a tort committed by a director, officer or employee.  1993, c. 23, s. 9 (2). Definition, “employee” (3) For the purposes of this section, “employee” means an employee employed under Part III of the
Public Service of Ontario Act, 2006.  2011, c. 9, Sched. 32, s. 38 (6). Section Amendments with date in force (d/m/y) 1999, c. 9, s. 18 - 30/11/2001 2006, c. 35, Sched. C, s. 11 (6) - 20/08/2007 2011, c. 9, Sched. 32, s. 38 (6) - 6/06/2011
10 Despite any other Act, real or personal property used, owned or occupied by the Crown in connection with the carrying out of an activity to be carried out by a corporation or any of its subsidiary corporations may be transferred to the corporation or subsidiary, with or without consideration, upon such terms as are approved by Treasury Board.  1993, c. 23, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 of the Act is amended by adding the following subsection: (See: 2023, c. 5, Sched. 2, s. 6 (2)) Limitation re real property, Ontario Financing Authority (2) Subsection (1) is, with respect to the Ontario Financing Authority, subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2023, c. 5, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 6 (2) - not in force
11 (1) The Not-for-Profit Corporations Act, 2010, the Corporations Information Act and the Loan and Trust Corporations Act do not apply to a corporation, except as specifically made applicable to the corporation by this Act or the regulations made under this Act.  1993, c. 23, s. 11 (1); 2001, c. 9, Sched. G, s. 1 (2); 2011, c. 9, Sched. 32, s. 38 (7). Conflict of interest and indemnification (2) Sections 132 and 136 of the Business Corporations Act apply to the corporations and to their directors and officers.  1993, c. 23, s. 11 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 1 (2) - 29/06/2001 2011, c. 9, Sched. 32, s. 38 (7) - 19/10/2021
12 The minister may appoint one or more persons to review any of the activities or proposed activities of a corporation or any of its subsidiary corporations and to report on it to the minister.  1993, c. 23, s. 12.
13 (1) The Auditor General is the auditor of a corporation.  1993, c. 23, s. 13 (1); 2004, c. 17, s. 32. Same (2) The Auditor General or another auditor appointed by the Lieutenant Governor in Council shall be the auditor of the subsidiary corporations of a corporation.  1993, c. 23, s. 13 (2); 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004
14 (1) A corporation shall prepare an annual report, provide it to the minister no later than 90 days after the corporation receives audited financial statements from the Auditor General and make it available to the public. 2017, c. 34, Sched. 46, s. 8. Same (2) The corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; and (b)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 8. Same (3) The corporation shall include such additional content in the annual report as the minister may require. 2017, c. 34, Sched. 46, s. 8. Section Amendments with date in force (d/m/y) 2010, c. 19, Sched. 3, s. 1 - 29/11/2010 2017, c. 34, Sched. 46, s. 8 - 01/01/2018
14.1 The minister shall table a corporation’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 8 - 01/01/2018
15 (1) The fiscal year of a corporation begins on the 1st day of April and ends with the 31st day of March in the following year.  1993, c. 23, s. 15 (1). Change in fiscal year (2) The Lieutenant Governor in Council may by order change the fiscal year of a corporation.  1993, c. 23, s. 15 (2). Policies and directives
16 (1) The Lieutenant Governor in Council may formulate policies for a corporation.  1993, c. 23, s. 16 (1). Directives (2) Subject to any policies under subsection (1), the minister may issue directives in writing to a corporation on matters relating to the corporation’s exercise of its powers and duties under this or any other Act.  1993, c. 23, s. 16 (2). Implementation (3) The board of a corporation shall ensure that the policies and directives under this section are implemented promptly and efficiently.  1993, c. 23, s. 16 (3).
17 (1) When ordered to do so by the Minister of Finance, a corporation shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister of Finance.  1993, c. 23, s. 17 (1). Reserves (2) In determining the amount payable under subsection (1), the Minister of Finance shall allow such reserves for the future needs of the corporation as he or she considers appropriate, and shall ensure that the payment ordered under subsection (1) will not impair the corporation’s ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments.  1993, c. 23, s. 17 (2). Revenues and investments (3) Despite the Financial Administration Act, the revenues and investments of a corporation do not form part of the Consolidated Revenue Fund.  1993, c. 23, s. 17 (3).
18 Except with the approval of Treasury Board and Management Board of Cabinet, a corporation shall not establish a subsidiary corporation in Ontario or elsewhere.  1993, c. 23, s. 18.
19 A recital or declaration in any resolution of a corporation that a transaction is for the purpose of carrying out the corporation’s objects is conclusive evidence to that effect.  1993, c. 23, s. 19.
20 Despite any other Act, securities issued by the corporations are authorized investments for public bodies as defined in section 29 and for trusts.  2007, c. 7, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 2, s. 2 - 5/05/2008
21 The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of this Act, and the sums so raised may either be advanced to a corporation or its subsidiary corporations or applied by the Minister of Finance in the purchase of securities issued by a corporation or its subsidiary corporations.  1993, c. 23, s. 21.
22 (1) The Minister of Finance may purchase securities of or make loans to a corporation or its subsidiary corporations in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient.  1993, c. 23, s. 22 (1). Same (2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1).  1993, c. 23, s. 22 (2).
23 (1) As security for the payment by a public body, as defined in section 29, of any amount that it has agreed to pay to a corporation on account of its indebtedness to the corporation, a public body may agree in writing with the corporation that the Minister of Finance is entitled to deduct from money appropriated by the Legislature for payment to the public body amounts equal to any amounts that the public body fails to pay to the corporation on account of the indebtedness.  1993, c. 23, s. 23 (1). Minister to make agreed deduction (2) If a public body has agreed to the making of a deduction under subsection (1), the Minister of Finance shall deduct from money appropriated by the Legislature for payment to the public body amounts equal to any amounts that the public body fails to pay to the corporation, and shall pay the amounts to the corporation.  1993, c. 23, s. 23 (2).
24 (1) A corporation may declare in writing in any of its contracts, securities or instruments that it is not acting as an agent of Her Majesty for the purpose of the contract, security or instrument.  1993, c. 23, s. 24 (1). Effect (2) A corporation that makes a declaration under subsection (1) shall be deemed not to be an agent of Her Majesty for the purpose of the contract, security or instrument, and Her Majesty is not liable for any liabilities or obligations incurred by the corporation under the contract, security or instrument.  1993, c. 23, s. 24 (2). No proceeding against Crown (3) No proceeding shall be commenced against the Crown in respect of any act or omission of a corporation or its officers, directors or employees.  1993, c. 23, s. 24 (3). Exception (4) Subsection (3) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.  1993, c. 23, s. 24 (4). Unpaid judgments against corporation (5) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against a corporation that remains unpaid after the corporation has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment.  1993, c. 23, s. 24 (5). Exception (6) Subsection (5) does not apply to any judgment in respect of a contract, security or instrument in which a declaration referred to in subsection (1) is made.  1993, c. 23, s. 24 (6).
25 A corporation may waive any immunity to which it may be entitled as an agent of Her Majesty and may submit to the jurisdiction of any court outside Ontario.  1993, c. 23, s. 25.
26 (1) A corporation shall not sell or otherwise dispose of all or substantially all of its assets unless the sale or disposal is for the purpose of providing security for money loaned to the corporation or is part of a financing transaction that entitles the corporation, on fulfilling the terms and conditions of the transaction, to reacquire the assets sold or disposed of.  1993, c. 23, s. 26 (1). Exception (2) Subsection (1) does not apply to a sale or disposition to the Crown or to a disposition under subsection 26 (2) of the Ontario Water Resources Act.  1993, c. 23, s. 26 (2); 2011, c. 9, Sched. 32, s. 38 (8). Contracting out (3) Except as agreed between the minister and a corporation, a corporation shall not sell or otherwise dispose of an identifiably separate business, organizational unit or activity of the corporation that is staffed by employees to whom Part III of the Public Service of Ontario Act, 2006 applies if the sale or other disposition will have the effect of replacing employees in the business, organization or activity with employees to whom that Part is not applicable or of terminating the application of that Part to those employees.  1993, c. 23, s. 26 (3); 2006, c. 35, Sched. C, s. 11 (7). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 11 (7) - 20/08/2007 2011, c. 9, Sched. 32, s. 38 (8) - 6/06/2011
27 Money required to defray the operating costs of a corporation shall be paid out of the money appropriated for that purpose by the Legislature.  1993, c. 23, s. 27; 2010, c. 19, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2010, c. 19, Sched. 3, s. 2 - 29/11/2010
28 The Lieutenant Governor in Council may make regulations, (a)  making any provision or provisions of the Business Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act applicable to one or more of the corporations; (b)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.  1993, c. 23, s. 28; 2011, c. 9, Sched. 32, s. 38 (9). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 32, s. 38 (9) - 19/10/2021 PART II   ONTARIO FINANCING AUTHORITY
29 (1) In this Part, “Authority” means the Ontario Financing Authority; (“Office”) “public body” means, (a)  a corporation referred to in section 2 or another Crown agency, (b)  a hospital as defined in the Public Hospitals Act or another facility receiving funding for capital purposes from the Minister of Health and Long-Term Care, (c)  a municipality, (d)  a university that receives regular and ongoing operating funds from the Crown in right of Ontario for the purposes of providing post-secondary education, a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, Algoma University College, le Collège de Hearst or the Ontario College of Art & Design, (e)  a school board, or (f)  an entity named or described as a public body in the regulations made under this Act; (“organisme public”) “school board” means a board as defined in subsection 1 (1) of the Education Act. (“conseil scolaire”)  1993, c. 23, s. 29 (1); 1997, c. 31, s. 144 (1); 2002, c. 8, Sched. P, s. 1 (1, 2); 2006, c. 19, Sched. L, s. 11 (2); 2006, c. 33, Sched. E, s. 1. (2) Repealed:  2002, c. 8, Sched. P, s. 1 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 144 (1) - 1/01/1998 2002, c. 8, Sched. P, s. 1 (1-3) - 27/06/2002 2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006; 2006, c. 33, Sched. E, s. 1 - 20/12/2006
30 (1) Without limiting the powers or capacities of the Authority, its objects include assisting public bodies and the Province of Ontario to borrow and invest money, developing and carrying out financing programs, issuing securities, managing cash, currency and other financial risks, and providing such other financial services as are considered advantageous to the Province or any public body.  2002, c. 8, Sched. I, s. 3. Same (2) The Lieutenant Governor in Council may by order establish additional objects for the Authority.  1993, c. 23, s. 30 (2). Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. I, s. 3 - 15/03/2010
31 A public body may authorize the Authority to be its agent for investing any of its funds.  1993, c. 23, s. 31.
32 Despite any other Act, a municipality or a school board, before approval and validation are given by the Ontario Land Tribunal, may make an agreement with the Authority to sell debentures to the Authority in the amount and at the rate of interest set out in the agreement.  1993, c. 23, s. 32; 2021, c. 4, Sched. 6, s. 33. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 33 - 01/06/2021
34 (1) The Minister of Finance may transfer to the Authority the obligation of any public body to repay to the Province of Ontario a loan made to the public body.  1993, c. 23, s. 34 (1). Issue of securities to Ontario (2) The Authority shall issue to the Province of Ontario securities satisfactory to the Minister of Finance for the amount of the principal and interest of any obligation that is transferred.  1993, c. 23, s. 34 (2).
35 (1) The Lieutenant Governor in Council may by order delegate to the chief executive officer of the Authority or to a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Authority or to a solicitor engaged to act for the Authority the powers of the Minister of Finance under section 20 of the Financial Administration Act.  1993, c. 23, s. 35 (1); 2007, c. 7, Sched. 2, s. 3. Same (2) Any power or duty conferred or imposed on the Minister of Finance under this or any other Act may be delegated by the Minister to any employee or officer of the Authority or of any of its subsidiary corporations and, when purporting to exercise a delegated power or duty, the employee or officer shall be presumed conclusively to act in accordance with the delegation.  1993, c. 23, s. 35 (2). Delegation subject to conditions (3) A delegation under subsection (2) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.  1993, c. 23, s. 35 (3). Subdelegation (4) In a delegation under subsection (2), the Minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to such limitations, conditions and requirements as the person may impose.  1993, c. 23, s. 35 (4). Effect of delegation, etc. (5) Despite section 6 of the Executive Council Act, a deed or contract signed by a person acting under the authority of a delegation made under subsection (2) or authorized under subsection (4) has the same effect as if it were signed by the Minister of Finance.  2001, c. 8, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 4
- 29/06/2001 2007, c. 7, Sched. 2, s. 3 - 20/08/2007
36 The Lieutenant Governor in Council may make regulations, (a)  respecting the management, control and administration of the affairs of the Authority; (b)  naming or describing any entity or class of entity as a public body for the purpose of this Act; (c)  governing the conditions to be imposed for the purchase by the Authority of a public body’s securities; (d)  governing the sale, hypothecation or other disposition by the Authority of any securities of a public body purchased by the Authority; (e)  respecting the financing of transactions by the Authority.  1993, c. 23, s. 36.
37 The assets and liabilities of the Ontario Municipal Improvement Corporation are transferred to and assumed by the Authority, without compensation.  1993, c. 23, s. 37. Part III (ss. 38-47) Repealed: 2020,
c. 18, Sched. 6, s. 46 (4) 38 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (1) - 6/03/1996; 1996, c. 33, s. 21 - 1/04/1997 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 39-42 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 43 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (2) - 6/03/1996 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 43.1 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (3) - 6/03/1996 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 44 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (4) - 6/03/1996 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 45 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (5) - 6/03/1996 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 46 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 47 Repealed: 2020, c. 18, Sched. 6, s. 46 (4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. E, s. 1 (6, 7) - 6/03/1996 2020, c. 18, Sched. 6, s. 46 (4) - 21/07/2020 PART IV   ONTARIO CLEAN WATER AGENCY
48 In this Part, “Agency” means the Ontario Clean Water Agency; (“Agence”) “Minister” means the Minister of the Environment. (“ministre”)  1993, c. 23, s. 48; 2000, c. 26, Sched. E, s. 1 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. E, s. 1 (2) - 6/12/2000
49 (1) Without limiting the powers or capacities of the Agency, its objects include, (a)  assisting municipalities, the Government of Ontario and other persons or bodies to provide water and sewage works and other related services by financing, planning, developing, building and operating those works and providing those services; (b)  financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater; (c)  carrying out the activities described in clauses (a) and (b) in Ontario and elsewhere in a manner that protects human health and the environment and encourages the conservation of water resources; and (d)  with respect to activities described in clauses (a) and (b) that are carried out in Ontario, carrying them out in a manner that supports provincial policies for land use and settlement.  2010, c. 19, Sched. 3, s. 3. Same (2) The Lieutenant Governor in Council may by order establish additional objects for the Agency.  1993, c. 23, s. 49 (2). Section Amendments with date in force (d/m/y) 2010, c. 19, Sched. 3, s. 3 - 29/11/2010
50 (1) Any power or duty conferred or imposed on the Minister or the Agency under this Act or the Ontario Water Resources Act may be delegated by the Minister to an employee in the Ministry of the Environment or by the Agency to any of its employees or officers and, when purporting to exercise a delegated power or duty, the employee or officer shall be presumed conclusively to act in accordance with the delegation.  1993, c. 23, s. 50 (1); 2000, c. 26, Sched. E, s. 1 (3); 2006, c. 35, Sched. C, s. 11 (8). Delegation subject to conditions (2) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 1993, c. 23, s. 50 (2). Exception (3) The authority to delegate under subsection (1) does not apply with respect to the Minister’s duty to act as the approving authority for expropriations by the Agency under subsection 5 (1) of the Expropriations Act.  1993, c. 23, s. 50 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. E, s. 1 (3) - 6/12/2000 2006, c. 35, Sched. C, s. 11 (8) - 20/08/2007
51 (1) The Minister shall not establish a water works or sewage works, except for experimental or demonstration purposes or for the provision of water service or sewage service to a building of the Government of Ontario.  1993, c. 23, s. 51 (1). Authority not affected (2) Subsection (1) does not affect the Minister’s or a director’s authority under sections 80 to 89 of the Ontario Water Resources Act or under the Environmental Protection Act.  1993, c. 23, s. 51 (2).
52 (1) Without limiting the powers or capacities of the Agency, for the carrying out of its objects, the Agency may, (a)  make agreements for the provision of water service and sewage service and the financing of water works and sewage works; (b)  expropriate and use any land, and use the water of any lake, river, pond, spring or stream; (c)  make agreements for the purpose of financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater, including entering into joint ventures and other business arrangements.  1993, c. 23, s. 52; 2010, c. 19, Sched. 3, s. 4 (1). Capacity to act outside Ontario (2) Section 16 of the Business Corporations Act applies with necessary modifications to the Agency.  2010, c. 19, Sched. 3, s. 4 (2). Section Amendments with date in force (d/m/y) 2010, c. 19, Sched. 3, s. 4 (1, 2) - 29/11/2010 53 Repealed:  1997, c. 6, s. 2 (1). Section Amendments with date in force (d/m/y) 1997, c. 6, s. 2 (1) - 27/05/1997
54 (1) All agreements relating to water works, sewage works, water service or sewage service executed on or after the 28th day of March, 1956 by the Ontario Water Resources Commission or the Crown are enforceable by and against the Agency as if the Agency and not the Commission or the Crown had executed the agreement.  1993, c. 23, s. 54 (1). Powers of Agency under agreements (2) The Agency has all the powers of the Minister, the Treasurer or a Director and of the Ontario Water Resources Commission under agreements transferred under subsection (1).  1993, c. 23, s. 54 (2).
55 The approvals issued to the Municipal Engineers Association on behalf of six municipalities pursuant to order in council 836/87 that deal with class environmental assessments with respect to water works and sewage works apply to the Agency as if it were named in the approvals. 1993, c. 23, s. 55. Note: On a day to be named by proclamation of the Lieutenant Governor, section 55 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 46 (5)) Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 46 (5) - not in force
56 If the Agency is proceeding with an undertaking to which the procedures set out in an approval under section 55 apply, then the Agency shall follow the procedures set out in any extension, amendment or replacement of the approval, unless the extension, amendment or replacement provides otherwise. 1993, c. 23, s. 56. Note: On a day to be named by proclamation of the Lieutenant Governor, section 56 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 46 (5)) Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 46 (5) - not in force
56.1 (1) The Agency and the Crown have no obligation, pursuant to an agreement entered into with a municipality before section 2 of the Water and Sewage Services Improvement Act, 1997 came into force, to construct, expand or finance the construction or expansion of water works or sewage works.  1997, c. 6, s. 2 (2). Pre-existing construction agreements (2) Subsection (1) does not apply to an obligation if the Agency or the Crown entered into an agreement with a construction contractor in respect of the obligation before section 2 of the Water and Sewage Services Improvement Act, 1997 came into force.  1997, c. 6, s. 2 (2). Management obligations (3) Subsection (1) does not affect any obligation of the Agency to manage the construction or expansion of works that are financed and owned by a municipality.  1997, c. 6, s. 2 (2). New agreements (4) Subsection (1) does not prevent the Agency or the Crown from entering into a new agreement to construct, expand or finance the construction or expansion of the works.  1997, c. 6, s. 2 (2). Transfer order (5) If ownership of a water works or sewage works is transferred under the Municipal Water and Sewage Transfer Act, 1997, the transfer order may provide that subsection (1) does not apply in respect of an obligation related to the works.  1997, c. 6, s. 2 (2). Section Amendments with date in force (d/m/y) 1997, c. 6, s. 2 (2) - 27/05/1997 Repayment of subsidies
56.2 (1) A municipality shall not transfer the ownership of all or part of a water works to another person unless the municipality has repaid to the Crown, (a)  all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of the transferred works; and (b)  all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of other water works that have been used to provide water service to the municipality.  1997, c. 6, s. 2 (2). Sewage works (2) A municipality shall not transfer the ownership of all or part of a sewage works to another person unless the municipality has repaid to the Crown, (a)  all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of the transferred works; and (b)  all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of other sewage works that have been used to provide sewage service to the municipality.  1997, c. 6, s. 2 (2). Transfer to another municipality (3) Subsections (1) and (2) do not apply if the municipality transfers the ownership to another municipality.  1997, c. 6, s. 2 (2). Transfer void (4) A transfer of ownership in contravention of subsection (1) or (2) is void.  1997, c. 6, s. 2 (2). Federal subsidies (5) Subsections (1) and (2) do not require the municipality to repay payments that were made, (a)  by the Crown in right of Canada; or (b)  by the Crown in right of Ontario on behalf of the Crown in right of Canada.  1997, c. 6, s. 2 (2). Determination of amount (6) The Minister shall determine any dispute with the municipality about the amount of the payments referred to in clauses (1) (a) and (b) and clauses (2) (a) and (b).  1997, c. 6, s. 2 (2). Same (7) In making a determination under subsection (6), the Minister is not required to hold a hearing but shall give the municipality an opportunity to make written submissions to the Minister.  1997, c. 6, s. 2 (2). Section Amendments with date in force (d/m/y) 1997, c. 6, s. 2 (2) - 27/05/1997
57 (1) The Agency may make regulations prescribing methods of calculating charges that are additional to the amounts payable by a municipality under an agreement under this Act or the Ontario Water Resources Act, for the provision or operation of a water works, a sewage works or a class of either of them or the provision of water service or sewage service or a class of either of them.  1993, c. 23, s. 57 (1). Notice of proposed regulation (2) The Agency shall publish a notice of a proposed regulation in The Ontario Gazette before making the regulation under subsection (1).  1993, c. 23, s. 57 (2). Comment (3) The notice shall set out the text of the proposed regulation and request that comments, briefs and submissions on it be filed in writing with the Agency within sixty days after the date of publication of the notice or within such longer period as the Agency specifies in the notice.  1993, c. 23, s. 57 (3). Further notice (4) If the Agency intends to make the proposed regulation with changes in the text, it need not publish a further notice under subsection (2) but shall publish a notice of the changes in The Ontario Gazette.  1993, c. 23, s. 57 (4). Amending or revoking regulation (5) Subsections (2) to (4) apply to a regulation that amends or revokes a regulation.  1993, c. 23, s. 57 (5). Distribution of regulation (6) The Agency shall send a copy of each regulation made under subsection (1) to each municipality or other person with whom there is an agreement for the provision or operation of a water works or sewage works or the provision of water service or sewage service.  1993, c. 23, s. 57 (6). Payment of additional charges (7) Additional charges calculated under a regulation made under a predecessor of subsection (1) shall be paid to the Agency and not to the Minister of Finance.  1993, c. 23, s. 57 (7).