jswizzle3737/ontario_laws_and_regs huggingface dataset:
3 (1) The Minister shall in writing appoint such directors as the Minister considers necessary, in respect of one or more provisions of this Act or the regulations, as specified in the appointment.  2006, c. 22, s. 3 (1). Same (2) In making an appointment under this section, the Minister shall appoint only, (a)  a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or (b)  any other person or member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council.  2006, c. 35, Sched. C, s. 16 (1). Limitation on authority (3) The Minister may, in an appointment of a director, limit the authority of the director in such manner as the Minister considers necessary.  2006, c. 22, s. 3 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 16 (1) - 20/08/2007
4 (1) The area over which a conservation authority has jurisdiction under the Conservation Authorities Act is established as a drinking water source protection area for the purposes of this Act.  2006, c. 22, s. 4 (1). Source protection authority (2) The conservation authority shall exercise and perform the powers and duties of a drinking water source protection authority under this Act for the source protection area established by subsection (1).  2006, c. 22, s. 4 (2). Dissolution of conservation authorities (3) Subsection (1) ceases to apply to the area of jurisdiction of a conservation authority that is dissolved under section 13.1 of the Conservation Authorities Act.  2006, c. 22, s. 4 (3).
5 If the Minister makes a regulation that establishes a source protection area in the parts of Ontario that are not covered by the source protection areas established by subsection 4 (1) and, for the purpose of this section, the regulation designates a person or body for the source protection area, the person or body shall exercise and perform the powers and duties of a drinking water source protection authority under this Act.  2006, c. 22, s. 5.
7 (1) Each source protection authority shall establish a drinking water source protection committee for the authority’s source protection area.  2006, c. 22, s. 7 (1). Composition (2) A source protection committee shall be composed of the number of members prescribed by the regulations, including the chair of the committee.  2006, c. 22, s. 7 (2). Appointment of members (3) Subject to subsection (4), the members of a source protection committee shall be appointed in accordance with the regulations.  2006, c. 22, s. 7 (3). Appointment of chair (4) The Minister shall appoint the chair of each source protection committee, after considering any recommendations from the source protection authority.  2006, c. 22, s. 7 (4). Assistance from source protection authority (5) A source protection authority shall, (a)  assist the source protection committee that it establishes in exercising and performing the committee’s powers and duties under this Act; and (b)  provide scientific, technical and administrative support and resources to the source protection committee that it establishes.  2006, c. 22, s. 7 (5). Source protection region (6) If the Minister makes a regulation consolidating two or more source protection areas into a drinking water source protection region and designating a lead source protection authority, (a)  subsection (1) does not apply to the source protection areas in the source protection region; (b)  the lead source protection authority shall establish a drinking water source protection committee for the source protection region; (c)  the source protection committee established under clause (b) shall exercise and perform the powers and duties of a source protection committee under this Act for each of the source protection areas in the source protection region; (d)  subsections (2) to (4) apply, with necessary modifications, to a source protection committee established under clause (b); (e)  subsection (5) applies, with necessary modifications, to a source protection committee established under clause (b), subject to any agreement referred to in subsection 6 (3) or order made under subsection 6 (5); and (f)  the lead source protection authority shall co-ordinate the preparation of terms of reference, assessment reports and source protection plans for the source protection areas in the source protection region so that they do not conflict with each other.  2006, c. 22, s. 7 (6).
8 (1) The source protection committee for a source protection area shall, in accordance with the regulations, prepare terms of reference for the preparation under this Act of an assessment report and source protection plan for the source protection area.  2006, c. 22, s. 8 (1). Consultation (2) In preparing the terms of reference, the source protection committee shall consult with all of the municipalities in which any part of the source protection area is located.  2006, c. 22, s. 8 (2). Resolution of municipal council (3) The council of a municipality in which any part of the source protection area is located may pass a resolution requiring the terms of reference to provide, for the purpose of subclause 15 (2) (e) (ii), that the assessment report consider any existing or planned drinking water system specified in the resolution, other than a drinking water system prescribed by the regulations for the purpose of this subsection, if, (a)  in the case of a drinking water system that obtains its water from groundwater, the system has a well in the municipality that serves as the source or entry point of raw water supply for the system; or (b)  in the case of a drinking water system that obtains its water from surface water, the system serves a building or other structure located in the municipality.  2006, c. 22, s. 8 (3). Location of wells and intakes (4) A resolution passed under subsection (3) is not effective unless it identifies the location of every well and intake that serves as the source or entry point of raw water supply for the drinking water system.  2006, c. 22, s. 8 (4). Resolution of upper-tier municipality (5) Subsection (3) does not apply to the council of an upper-tier municipality unless the upper-tier municipality has authority to pass by-laws respecting water production, treatment and storage under the Municipal Act, 2001.  2006, c. 22, s. 8 (5). Resolution of lower-tier municipality (6) A resolution passed under subsection (3) by the council of a lower-tier municipality that does not have authority to pass by-laws respecting water production, treatment and storage under the Municipal Act, 2001 is not effective unless it is approved by a resolution passed by the council of the upper-tier municipality.  2006, c. 22, s. 8 (6). Resolution after approval of terms of reference (7) A resolution may be passed even after the terms of reference are approved under section 10, but, in that case, the resolution is not effective unless the terms of reference are amended under section 13.  2006, c. 22, s. 8 (7). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
9 The source protection committee shall, (a)  submit proposed terms of reference to the source protection authority for the source protection area, together with a summary of any concerns that were raised by municipalities during consultations and that were not resolved to the satisfaction of the municipalities; (b)  give a copy of the proposed terms of reference to the clerk of each municipality in which any part of the source protection area is located; and (c)  publish the proposed terms of reference on the Internet and in such other manner as the source protection committee considers appropriate, together with an invitation to submit written comments to the source protection authority within the time period prescribed by the regulations.  2006, c. 22, s. 9.
10 (1) The source protection authority shall submit the proposed terms of reference to the Minister, together with, (a)  any comments that the source protection authority wishes to make on the proposed terms of reference; (b)  the summary of concerns referred to in clause 9 (a); and (c)  any written comments received by the source protection authority, within the time period prescribed by the regulations, after publication of the proposed terms of reference under clause 9 (c).  2006, c. 22, s. 10 (1). Minister’s options (2) The Minister shall, (a)  approve the terms of reference; or (b)  require the source protection authority, within such time period as is specified by the Minister, to, (i)  amend the terms of reference in accordance with the directions of the Minister, and (ii)  resubmit the terms of reference to the Minister.  2006, c. 22, s. 10 (2). Resubmission (3) If terms of reference are resubmitted to the Minister under clause (2) (b), the Minister may, (a)  approve the amended terms of reference; or (b)  approve the amended terms of reference with such additional amendments as the Minister considers appropriate.  2006, c. 22, s. 10 (3). Failure to resubmit (4) If terms of reference are not resubmitted to the Minister under clause (2) (b) within the time period specified by the Minister, the Minister may approve the terms of reference with such amendments as the Minister considers appropriate.  2006, c. 22, s. 10 (4). Exception (5) The Minister may not require or make any amendment to the terms of reference under subsection (2), (3) or (4) that prevents an assessment report from considering any drinking water system specified in a resolution passed under subsection 8 (3).  2006, c. 22, s. 10 (5). Additional drinking water systems (6) Without limiting the generality of subsections (2), (3) and (4), the Minister may require or make an amendment to the terms of reference to provide, for the purposes of subclause 15 (2) (e) (iii), that the assessment report consider any existing or planned drinking water system specified by the Minister that is located in the source protection area.  2006, c. 22, s. 10 (6). Same (7) Despite subsections (2), (3), (4) and (6), the Minister shall not require or make an amendment to the terms of reference to provide, for the purposes of subclause 15 (2) (e) (iii), that the assessment report consider an existing or planned drinking water system prescribed by the regulations for the purpose of this subsection.  2006, c. 22, s. 10 (7). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
11 As soon as reasonably possible after terms of reference are approved by the Minister, the Minister shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a)  a brief explanation of the effect, if any, of the comments and other material submitted under subsection 10 (1) on the Minister’s decision; and (b)  any other information that the Minister considers appropriate.  2006, c. 22, s. 11.
12 If the Minister has approved terms of reference, the source protection authority shall ensure that the terms of reference are available to the public as soon as reasonably possible on the Internet and in such other manner as the source protection authority considers appropriate.  2006, c. 22, s. 12.
13 (1) The source protection committee may propose amendments to the terms of reference in the circumstances prescribed by the regulations.  2006, c. 22, s. 13 (1). Same, Minister (2) The Minister may order a source protection committee to prepare amendments to the terms of reference in accordance with directions set out in the order.  2006, c. 22, s. 13 (2). Consultation (3) In preparing an amendment under subsection (1) or (2), the source protection committee shall consult with the municipalities that are affected by the amendment.  2006, c. 22, s. 13 (3). Application of ss. 9 to 12 (4) Sections 9 to 12 apply, with necessary modifications, to an amendment under subsection (1) or (2).  2006, c. 22, s. 13 (4).
14 (1) If a source protection area contains water that flows into the Great Lakes, the terms of reference for the preparation of an assessment report and source protection plan for the source protection area shall be deemed to require consideration of the following documents: 1.  The Great Lakes Water Quality Agreement of 1978 between Canada and the United States of America, signed at Ottawa on November 22, 1978, including any amendments made before or after this section comes into force. 2.  The Great Lakes Charter signed by the premiers of Ontario and Quebec and the governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin on February 11, 1985, including any amendments made before or after this section comes into force. 3.  The Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem 2002 entered into between Her Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of Ontario, effective March 22, 2002, including any amendments made before or after this section comes into force. 4.  Any other agreement to which the Government of Ontario or the Government of Canada is a party that relates to the Great Lakes Basin and that is prescribed by the regulations.  2006, c. 22, s. 14 (1). Replaced documents (2) Subsection (1) does not apply to a document referred to in paragraph 1, 2 or 3 of subsection (1) if the document is replaced by a document referred to in paragraph 4 of subsection (1).  2006, c. 22, s. 14 (2).
16 The source protection committee shall, (a)  submit the proposed assessment report to the source protection authority for the source protection area, together with a summary of any concerns that were raised by municipalities during consultations and that were not resolved to the satisfaction of the municipalities; (b)  give a copy of the proposed assessment report to the clerk of each municipality in which any part of the source protection area is located; and (c)  publish the proposed assessment report on the Internet and in such other manner as the source protection committee considers appropriate, together with an invitation to submit written comments to the source protection authority within the time period prescribed by the regulations.  2006, c. 22, s. 16.
17 (1) The source protection authority shall submit the proposed assessment report to the Director, together with, (a)  any comments that the source protection authority wishes to make on the proposed assessment report; (b)  the summary of concerns referred to in clause 16 (a); and (c)  any written comments received by the source protection authority, within the time period prescribed by the regulations, after publication of the proposed assessment report under clause 16 (c).  2006, c. 22, s. 17 (1). Director’s options (2) The Director shall, (a)  approve the assessment report without amendment; or (b)  require the source protection authority, within such time period as is specified by the Director, to amend the assessment report in accordance with the directions of the Director and resubmit it to the Director.  2006, c. 22, s. 17 (2). Resubmission (3) If an assessment report is resubmitted to the Director under clause (2) (b), the Director may, (a)  approve the assessment report without further amendment; or (b)  approve the assessment report with such further amendments as the Director considers appropriate.  2006, c. 22, s. 17 (3). Failure to resubmit (4) If an assessment report is not resubmitted to the Director under clause (2) (b) within the time period specified by the Director, the Director may approve the assessment report with such amendments as the Director considers appropriate.  2006, c. 22, s. 17 (4).
18 As soon as reasonably possible after an assessment report is approved by the Director, the Director shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a)  a brief explanation of the effect, if any, of the comments and other material submitted under subsection 17 (1) on the Director’s decision; and (b)  any other information that the Director considers appropriate.  2006, c. 22, s. 18.
19 (1) If, after the Director approves an assessment report and before a proposed source protection plan is submitted to the source protection authority under subsection 22 (16), the source protection committee becomes aware that the assessment report is no longer accurate or complete, the source protection committee shall submit an updated assessment report to the source protection authority.  2006, c. 22, s. 19 (1). Submission to Director (2) The source protection authority shall submit the updated assessment report to the Director, together with any comments that the source protection authority wishes to make on the updated assessment report.  2006, c. 22, s. 19 (2). Director’s options (3) The Director shall, (a)  approve the updated assessment report without amendment; (b)  approve the updated assessment report with such amendments as the Director considers appropriate; or (c)  refuse to approve the updated assessment report, if the Director is of the opinion that the assessment report previously approved by the Director is accurate and complete.  2006, c. 22, s. 19 (3).
20 If the Director has approved an assessment report, the source protection authority shall ensure that the report is available to the public as soon as reasonably possible on the Internet and in such other manner as the source protection authority considers appropriate.  2006, c. 22, s. 20.
23 The source protection authority shall, (a)  give a copy of the proposed source protection plan to the clerk of each municipality in which any part of the source protection area is located; (b)  publish the proposed source protection plan in accordance with the regulations; (c)  give notice of the proposed source protection plan in accordance with the regulations to the persons prescribed by the regulations, together with information on how copies of the plan may be obtained and an invitation to submit written comments on the plan to the source protection authority within the time period prescribed by the regulations; and (d)  publish notice of the proposed source protection plan in accordance with the regulations, together with information on how members of the public may obtain copies of the plan and an invitation to the public to submit written comments on the plan to the source protection authority within the time period prescribed by the regulations.  2006, c. 22, s. 23.
24 The council of a municipality may pass a resolution expressing its comments on the proposed source protection plan and may submit the resolution to the source protection authority.  2006, c. 22, s. 24.
25 The source protection authority shall submit the proposed source protection plan to the Minister, together with, (a)  any written comments that the source protection authority wishes to make on the plan; (b)  any written comments received by the source protection authority after publication of the plan under section 23; and (c)  any resolutions of municipal councils submitted to the source protection authority under section 24.  2006, c. 22, s. 25.
27 If a proposed source protection plan is submitted to the Minister under section 25 or subsection 26 (8), the Minister may confer with any person or body that the Minister considers may have an interest in the proposed source protection plan.  2006, c. 22, s. 27.
28 (1) The Minister may appoint one or more hearing officers for the purpose of conducting one or more hearings within the source protection area or in the general proximity of that area for the purpose of receiving representations respecting the proposed source protection plan, or any matter relating to the proposed source protection plan.  2006, c. 22, s. 28 (1). Duty of hearing officer (2) On being appointed under subsection (1), the hearing officer shall, (a)  fix the time and place for the hearing; and (b)  require that notice, as specified by the hearing officer, be given to the persons and bodies prescribed by the regulations in the manner prescribed by the regulations.  2006, c. 22, s. 28 (2). Rules of procedure (3) The hearing officer may make rules of procedure for the hearing.  2006, c. 22, s. 28 (3). Protection from personal liability (4) The hearing officer is not personally liable for anything done by him or her in good faith in the execution of his or her duty under this Act or for any neglect or default in the execution in good faith of his or her duty.  2006, c. 22, s. 28 (4). Recommendations (5) Upon the conclusion of the hearing, the hearing officer shall prepare written recommendations, with reasons, recommending what action the Minister should take with respect to the proposed source protection plan or the matter that was the subject of the hearing and shall give the written recommendations with the reasons to the Minister and to the parties to the hearing within 60 days after the conclusion of the hearing.  2006, c. 22, s. 28 (5).
29 (1) The Minister shall, after considering any comments and resolutions submitted under section 25, any comments and other material submitted under subsection 26 (8) and any recommendations made by a hearing officer, (a)  approve the source protection plan; or (b)  require the source protection authority, if the source protection plan was submitted under section 25, or the municipality or municipalities that prepared the source protection plan, if the source protection plan was submitted under subsection 26 (8), within such time period as is specified by the Minister, to, (i)  amend the source protection plan in accordance with the directions of the Minister, and (ii)  resubmit the plan to the Minister.  2006, c. 22, s. 29 (1). Resubmission (2) If a source protection plan is resubmitted to the Minister under clause (1) (b), the Minister may, (a)  approve the amended source protection plan; or (b)  approve the amended source protection plan with such additional amendments as the Minister considers appropriate.  2006, c. 22, s. 29 (2). Failure to resubmit (3) If a source protection plan is not resubmitted to the Minister under clause (1) (b) within the time period specified by the Minister, the Minister may approve the source protection plan with such amendments as the Minister considers appropriate.  2006, c. 22, s. 29 (3).
30 As soon as reasonably possible after a source protection plan is approved by the Minister, the Minister shall publish notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993, together with, (a)  a brief explanation of the effect, if any, of any comments and resolutions submitted under section 25, any comments and other material submitted under subsection 26 (8) and any recommendations made by a hearing officer on the Minister’s decision; and (b)  any other information that the Minister considers appropriate.  2006, c. 22, s. 30.
31 A source protection plan takes effect on the date notice is published under section 30 or on such later date as is specified in the plan.  2006, c. 22, s. 31.
32 If the Minister has approved a source protection plan, the source protection authority shall ensure that the plan is available to the public on the Internet and in such other manner as the source protection authority considers appropriate.  2006, c. 22, s. 32.
33 (1) If a source protection authority fails to submit terms of reference, an assessment report or a source protection plan to the Minister or the Director, as the case may be, by the date prescribed by the regulations, or the Minister is of the opinion that the source protection authority will not submit terms of reference, an assessment report or a source protection plan to the Minister or the Director, as the case may be, by the date prescribed by the regulations, the Minister may give the source protection authority written notice of his or her intention to issue an order under subsection (3).  2006, c. 22, s. 33 (1); 2009, c. 33, Sched. 15, s. 2 (3). Response (2) The source protection authority may, within 15 days of receiving the notice, give the Minister a written response indicating why the Minister should not make an order under subsection (3).  2006, c. 22, s. 33 (2). Order (3) After considering any written response given by the source protection authority within the 15-day period referred to in subsection (2), the Minister may make an order, (a)  requiring the source protection authority and the source protection committee to deliver to the Minister, in such manner and within such time period as may be specified in the order, documents and other information that are within their control and that are relevant to the preparation of any terms of reference, assessment report or source protection plan specified in the order; and (b)  requiring the source protection authority, within such time period as may be specified in the order, to repay any amounts paid to the authority by the Crown in right of Ontario or a lead source protection authority specified in the order in connection with the preparation of the terms of reference, assessment report or source protection plan specified under clause (a).  2006, c. 22, s. 33 (3). Ministry shall prepare (4) If the Minister makes an order under subsection (3), the Ministry or another ministry of the Government of Ontario shall prepare, in accordance with the regulations, the terms of reference, assessment report and source protection plan specified under clause (3) (a) in place of the source protection committee and source protection authority.  2006, c. 22, s. 33 (4). Same (5) Sections 7 to 29 do not apply to the preparation under subsection (4) of terms of reference, an assessment report or a source protection plan.  2006, c. 22, s. 33 (5). Same (6) Section 30 applies, with necessary modifications, to a source protection plan prepared under subsection (4) and approved by the Minister.  2006, c. 22, s. 33 (6). Rescission of order (7) The Minister may, by order, rescind an order made under subsection (3), in whole or in part, and require the source protection committee and source protection authority to prepare terms of reference, an assessment report or a source protection plan in accordance with this Act, subject to such conditions as the Minister may specify.  2006, c. 22, s. 33 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 2 (3) - 15/12/2009
34 (1) A source protection authority may propose amendments to a source protection plan in the circumstances prescribed by the regulations.  2006, c. 22, s. 34 (1). Copies of proposed amendments for municipalities (2) The source protection authority shall give a copy of the proposed amendments to the clerk of each municipality in which any part of the source protection area is located, if the municipality is affected by the amendments.  2006, c. 22, s. 34 (2). Resolutions of municipal councils (3) If the council of every municipality whose clerk was given a copy of the proposed amendments passes a resolution endorsing the amendments, or if the amendments only affect unorganized territory, the source protection authority shall, (a)  publish the proposed amendments in accordance with the regulations; (b)  give notice of the proposed amendments in accordance with the regulations to the persons prescribed by the regulations, together with information on how copies of the amendments may be obtained and an invitation to submit written comments on the amendments to the source protection authority within the time period prescribed by the regulations; and (c)  publish notice of the proposed amendments in accordance with the regulations, together with information on how members of the public may obtain copies of the amendments and an invitation to the public to submit written comments on the amendments to the source protection authority within the time period prescribed by the regulations.  2006, c. 22, s. 34 (3). Submission of amendments to Minister (4) The source protection authority shall submit the proposed amendments to the Minister, together with the resolutions passed by the municipal councils and any written comments received by the source protection authority after publication of the amendments under subsection (3).  2006, c. 22, s. 34 (4). Application of ss. 27-32 (5) Sections 27 to 32 apply, with necessary modifications, to proposed amendments submitted to the Minister under subsection (4).  2006, c. 22, s. 34 (5).
35 (1) The Minister may order a source protection authority to prepare amendments to a source protection plan in accordance with directions set out in the order.  2006, c. 22, s. 35 (1). Amendment to consider drinking water system (2) Without limiting the generality of subsection (1), the Minister may direct the source protection authority to prepare amendments to a source protection plan to consider any existing or planned drinking water system specified by the Minister that is located in the source protection area.  2006, c. 22, s. 35 (2). Same (3) Despite subsections (1) and (2), the Minister shall not direct the source protection authority to prepare amendments to a source protection plan to consider an existing or planned drinking water system prescribed by the regulations for the purpose of this subsection.  2006, c. 22, s. 35 (3). Consultation (4) In preparing the amendments, the source protection authority shall consult with all of the municipalities in which any part of the source protection area is located that are affected by the amendments.  2006, c. 22, s. 35 (4). Notice of proposed amendments (5) The source protection authority shall, (a)  give a copy of the proposed amendments to the clerk of each municipality in which any part of the source protection area is located, if the municipality is affected by the amendments; (b)  publish the proposed amendments in accordance with the regulations; (c)  give notice of the proposed amendments in accordance with the regulations to the persons prescribed by the regulations, together with information on how copies of the amendments may be obtained and an invitation to submit written comments on the amendments to the source protection authority within the time period prescribed by the regulations; and (d)  publish notice of the proposed amendments in accordance with the regulations, together with information on how members of the public may obtain copies of the amendments and an invitation to the public to submit written comments on the amendments to the source protection authority within the time period prescribed by the regulations.  2006, c. 22, s. 35 (5). Resolution of municipal council (6) The council of a municipality may pass a resolution expressing its comments on the proposed amendments and may submit the resolution to the source protection authority.  2006, c. 22, s. 35 (6). Submission of amendments to Minister (7) The source protection authority shall submit the proposed amendments to the Minister, together with, (a)  any written comments that the source protection authority wishes to make on the amendments; (b)  any written comments received by the source protection authority after publication of the amendments under subsection (5); and (c)  any resolutions of municipal councils submitted to the source protection authority under subsection (6).  2006, c. 22, s. 35 (7). Application of ss. 27-33 (8) Sections 27 to 33 apply, with necessary modifications, to proposed amendments submitted to the Minister under subsection (7).  2006, c. 22, s. 35 (8). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
37 This Part applies in a source protection area where a source protection plan has taken effect.  2006, c. 22, s. 37.
38 A municipality, local board or source protection authority shall comply with any obligation that is imposed on it by a significant threat policy or designated Great Lakes policy that is set out in the source protection plan.  2006, c. 22, s. 38.
40 (1) The council of a municipality or a municipal planning authority that has jurisdiction in an area to which the source protection plan applies shall amend its official plan to conform with the significant threat policies and designated Great Lakes policies set out in the source protection plan.  2006, c. 22, s. 40 (1). Deadline for amendments (2) The council or municipal planning authority shall make any amendments required by subsection (1) before the date specified in the source protection plan for the purpose of this section.  2006, c. 22, s. 40 (2).
41 (1) If, in the Minister’s opinion, the official plan of a municipality or a municipal planning authority does not conform with a significant threat policy or designated Great Lakes policy set out in the source protection plan, the Minister may, (a)  advise the municipality or municipal planning authority of the particulars of the non-conformity; and (b)  invite the municipality or municipal planning authority to submit, within a specified time, proposals for the resolution of the non-conformity.  2006, c. 22, s. 41 (1). Joint order (2) The Minister jointly with the Minister of Municipal Affairs and Housing may, by order, amend the official plan to resolve the non-conformity, (a)  if the council or municipal planning authority fails to submit proposals to resolve the non-conformity within the specified time; or (b)  if proposals are submitted but, after consultation with the Minister, the non-conformity cannot be resolved, and the Minister so notifies the council or municipal planning authority in writing.  2006, c. 22, s. 41 (2). Effect of order (3) An order under subsection (2), (a)  has the same effect as an amendment to the official plan that is adopted by the council of the municipality or the municipal planning authority and, if the amendment is not exempt from approval, approved by the appropriate approval authority; and (b)  is final and not subject to appeal.  2006, c. 22, s. 41 (3). Unorganized territory (4) Section 40 and subsections (1), (2) and (3) apply with necessary modifications to a planning board in respect of the unorganized territory within the planning area for which the planning board is established.  2006, c. 22, s. 41 (4). Municipality within a planning area (5) Section 40 and subsections (1), (2) and (3) apply with necessary modifications to a municipality situated within a planning area and to the provisions of the official plans of the planning area that apply to the municipality as if those provisions were the official plan of the municipality.  2006, c. 22, s. 41 (5).
42 Sections 40 and 41 also apply, with necessary modifications, to zoning by-laws.  2006, c. 22, s. 42.
43 (1) Subject to a regulation made under clause 109 (1) (k), (l) or (m), a person or body that issued or otherwise created a prescribed instrument before the source protection plan took effect shall amend the instrument to conform with the significant threat policies and designated Great Lakes policies set out in a source protection plan.  2006, c. 22, s. 43 (1). Deadline for amendments (2) The person or body that issued or otherwise created the instrument shall make any amendments required by subsection (1) before the date specified in the source protection plan for the purpose of this section.  2006, c. 22, s. 43 (2). No authority (3) Subsection (1) does not permit or require a person or body to make amendments that it does not otherwise have authority to make.  2006, c. 22, s. 43 (3).
44 (1) Subject to a regulation made under clause 109 (1) (k), (l) or (m), if, in the Minister’s opinion, a prescribed instrument does not conform with a significant threat policy or designated Great Lakes policy set out in the source protection plan, the Minister may, (a)  advise any person or body that has authority to amend or require an amendment to the instrument of the particulars of the non-conformity; (b)  request the person or body to take such steps as are authorized by law to amend the instrument to address the non-conformity; and (c)  require the person or body to report to the Minister on any steps taken under clause (b) and on any amendment that is made to the instrument.  2006, c. 22, s. 44 (1). Issuance of instrument; conditions resulting from past activities (2) If a source protection plan identifies an area where a condition that results from a past activity is a significant drinking water threat and, in the Minister’s opinion, the issuance or other creation of a prescribed instrument under an Act would assist in ensuring that the condition ceases to be a significant drinking water threat, the Minister may, (a)  request any person or body that has authority to issue or otherwise create the instrument, or to require the issuance or other creation of the instrument, to take such steps as are authorized by law to issue or otherwise create the instrument; and (b)  require the person or body to report to the Minister on any steps taken under clause (a) and on any instrument that is issued or otherwise created.  2006, c. 22, s. 44 (2).
45 If a public body is designated in a source protection plan as being responsible for the implementation of a policy governing monitoring, the public body shall conduct a monitoring program in accordance with the policy.  2006, c. 22, s. 45.
46 (1) The source protection authority shall annually prepare and submit to the Director and the source protection committee in accordance with the regulations a report that, (a)  describes the measures that have been taken to implement the source protection plan, including measures taken to ensure that activities cease to be significant drinking water threats and measures taken to ensure that activities do not become significant drinking water threats; (b)  describes the results of any monitoring program conducted pursuant to section 45; (c)  describes the extent to which the objectives set out in the source protection plan are being achieved; and (d)  contains such other information as is prescribed by the regulations.  2006, c. 22, s. 46 (1). Submitting report to source protection committee (2) At least 30 days before submitting the report to the Director under subsection (1), a source protection authority shall submit the report to the source protection committee.  2006, c. 22, s. 46 (2). Review by source protection committee (3) After receiving the report from the source protection authority, the source protection committee shall review the report and provide written comments to the source protection authority about the extent to which, in the opinion of the committee, the objectives set out in the source protection plan are being achieved by the measures described in the report.  2006, c. 22, s. 46 (3). Including comments of source protection committee (4) If the source protection committee provides comments to the source protection authority under subsection (3) before the report is submitted to the Director under subsection (1), the source protection authority shall include a copy of the comments in the report.  2006, c. 22, s. 46 (4). Available to public (5) Subject to subsection (6), the source protection authority shall ensure that the report is available to the public as soon as reasonably possible after it is submitted to the Director.  2006, c. 22, s. 46 (5). No personal information (6) When a report is made available to the public under subsection (5), the source protection authority shall ensure that it does not contain any personal information that is maintained for the purpose of creating a record that is not available to the public.  2006, c. 22, s. 46 (6). Summary of progress reports (7) The Minister shall include a summary of the reports submitted by source protection authorities under this section in the annual report prepared by the Minister under subsection 3 (4) of the Safe Drinking Water Act, 2002.  2006, c. 22, s. 46 (7). part iV   regulation of drinking water threats
47 (1) Except where otherwise provided, (a)  the council of a single-tier municipality is responsible for the enforcement of this Part in the municipality; and (b)  the council of an upper-tier municipality or lower-tier municipality that has authority to pass by-laws respecting water production, treatment and storage under the Municipal Act, 2001 is responsible for the enforcement of this Part in the municipality.  2006, c. 22, s. 47 (1). Joint enforcement (2) The councils of two or more municipalities referred to in subsection (1) may enter into an agreement, (a)  providing for the joint enforcement of this Part within their respective municipalities; (b)  providing for the sharing of costs incurred in the enforcement of this Part within their respective municipalities; and (c)  providing for the appointment of a risk management official and risk management inspectors.  2006, c. 22, s. 47 (2). Joint jurisdiction (3) If an agreement under subsection (2) is in effect, the municipalities have joint jurisdiction in the area comprising the municipalities.  2006, c. 22, s. 47 (3). Transfer of enforcement responsibility (4) The councils of two municipalities referred to in subsection (1) may enter into an agreement providing for the council of one of the municipalities to be responsible for the enforcement of this Part in the other municipality with respect to activities identified in the agreement, and for charging the other municipality the whole or part of the cost.  2006, c. 22, s. 47 (4). Same (5) If an agreement under subsection (4) is in effect, the municipality that is made responsible for the enforcement of this Part in the other municipality has jurisdiction for the enforcement of this Part in that municipality with respect to the activities identified in the agreement.  2006, c. 22, s. 47 (5). Risk management official, risk management inspectors (6) The council of a municipality that is responsible for the enforcement of this Part shall appoint a risk management official and such risk management inspectors as are necessary for that purpose.  2006, c. 22, s. 47 (6). Certificate (7) The clerk of the municipality shall issue a certificate of appointment bearing the clerk’s signature or a facsimile of it to the risk management official and each risk management inspector appointed by the municipality.  2006, c. 22, s. 47 (7).
48 (1) The council of a municipality referred to in subsection 47 (1) and a board of health, planning board or source protection authority may enter into an agreement for the enforcement of this Part by the board of health, planning board or source protection authority in the municipality with respect to activities identified in the agreement, and for charging the municipality the whole or part of the cost.  2006, c. 22, s. 48 (1). Power (2) If an agreement under subsection (1) is in effect, the board of health, planning board or source protection authority, as the case may be, has jurisdiction for the enforcement of this Part in the municipality with respect to the activities identified in the agreement and shall appoint a risk management official and such risk management inspectors as are necessary for that purpose.  2006, c. 22, s. 48 (2). Certificate (3) The board of health, planning board or source protection authority, as the case may be, shall issue a certificate of appointment to the risk management official and each risk management inspector appointed under subsection (2).  2006, c. 22, s. 48 (3).
49 (1) Subject to section 50, Ontario is responsible for the enforcement of this Part in unorganized territory.  2006, c. 22, s. 49 (1). Agreements (2) The council of a municipality referred to in subsection 47 (1) and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Part by Ontario in the municipality with respect to the activities identified in the agreement, subject to such payment in respect of costs as is set out in the agreement.  2006, c. 22, s. 49 (2). Same (3) If an agreement under subsection (2) is in effect, Ontario has jurisdiction for the enforcement of this Part in the municipality with respect to the activities identified in the agreement.  2006, c. 22, s. 49 (3).
50 (1) The council of a municipality referred to in subsection 47 (1) adjacent to unorganized territory and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Part by the municipality with respect to activities identified in the agreement in such part of the unorganized territory and subject to such payment in respect of costs as is set out in the agreement.  2006, c. 22, s. 50 (1). Area of jurisdiction (2) The municipality has jurisdiction for the enforcement of this Part with respect to the activities identified in the agreement in the area designated in the agreement under subsection (1).  2006, c. 22, s. 50 (2). Board of health, planning board, source protection authority (3) A board of health, planning board or source protection authority and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Part by the board of health, planning board or source protection authority with respect to activities identified in the agreement in such part of the unorganized territory and subject to such payment in respect of costs as is set out in the agreement, and subsections 48 (2) and (3) apply, with necessary modifications.  2006, c. 22, s. 50 (3).
51 (1) Despite sections 47 to 50, Ontario is responsible for the enforcement of this Part with respect to activities prescribed by the regulations.  2006, c. 22, s. 51 (1). Same (2) If a regulation mentioned in subsection (1) is in effect, Ontario has jurisdiction for the enforcement of this Part with respect to the activities prescribed by the regulation.  2006, c. 22, s. 51 (2). Ontario risk management official and inspectors
52 (1) The Director is the risk management official for the enforcement of this Part in the areas in which and with respect to the activities for which Ontario has jurisdiction.  2006, c. 22, s. 52 (1). Same (2) Despite clause 3 (2) (b), a person other than a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant may be appointed as a director under subsection 3 (1) without the approval of the Lieutenant Governor in Council if, (a)  the person appointed is a public servant employed under Part III of the Public Service of Ontario Act, 2006
who works in another ministry of the Government of Ontario or a member of a class of such public servant; and (b)  the appointment specifies that it is in respect of this Part.  2006, c. 35, Sched. C, s. 16 (2). Risk management inspectors (3) Risk management inspectors necessary for the enforcement of this Part in the areas in which and with respect to the activities for which Ontario has jurisdiction shall be appointed by the Minister.  2006, c. 22, s. 52 (3). Certificate (4) The Minister shall issue a certificate of appointment bearing his or her signature or a facsimile of it to the Director and each risk management inspector appointed under subsection (3).  2006, c. 22, s. 52 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 16 (2) - 25/07/2007
53 (1) A person is not eligible to be appointed as a risk management official under section 47, 48 or 50 unless he or she has the qualifications prescribed by the regulations.  2006, c. 22, s. 53 (1). Same (2) A person is not eligible to be appointed as a risk management inspector under this Part unless he or she has the qualifications prescribed by the regulations.  2006, c. 22, s. 53 (2).
54 (1) Every person or body that has jurisdiction for the enforcement of this Part shall retain such records as may be prescribed by the regulations for the period of time prescribed by the regulations.  2006, c. 22, s. 54 (1). Transfer of records (2) If an agreement is entered into under subsection 47 (4), 48 (1), 49 (2) or 50 (1) or (3), any records retained by a party to the agreement under subsection (1) shall be transferred to the person or body that, under the agreement, will enforce this Part.  2006, c. 22, s. 54 (2). Available to the public (3) A person or body that holds records under this section shall make such records as are prescribed by the regulations available to the public.  2006, c. 22, s. 54 (3).