5 (1) The commission known as the Niagara Escarpment Commission is continued under the name Niagara Escarpment Commission in English and Commission de l’escarpement du Niagara in French.  R.S.O. 1990, c. N.2, s. 5 (1). Members (2) The Commission shall be composed of seventeen members appointed by the Lieutenant Governor in Council as follows: 1. Nine members shall be appointed as representative of the public at large. 2. The eight remaining members shall be appointed from a list containing the names of at least three persons submitted by the council of each upper-tier municipality and of each single-tier municipality that is outside an upper-tier municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area and one member shall be appointed from each list.  R.S.O. 1990, c. N.2, s. 5 (2); 2000, c. 5, s. 16 (1); 2002, c. 17, Sched. F, Table. Term of office (3) Each member of the Commission shall hold office for such period of time as the Lieutenant Governor in Council determines.  R.S.O. 1990, c. N.2, s. 5 (3). Eligibility (4) No person is eligible to be included in a list of persons submitted under paragraph 2 of subsection (2) unless he or she is a member or employee of the council of a municipality whose jurisdiction includes a part of the Niagara Escarpment Planning Area.  R.S.O. 1990, c. N.2, s. 5 (4). When Commission deemed established (5) The Commission shall be deemed to be established when a majority of the number of members has been appointed, and it may then proceed to carry out the functions conferred upon it under this Act, even if the remaining number of members has not been appointed.  R.S.O. 1990, c. N.2, s. 5 (5). Chair (6) The Lieutenant Governor in Council may designate one of the members appointed under paragraph 1 of subsection (2) to be chair of the Commission.  R.S.O. 1990, c. N.2, s. 5 (6); 2006, c. 2, s. 51 (1). Quorum (7) Nine members of the Commission constitute a quorum.  R.S.O. 1990, c. N.2, s. 5 (7). Remuneration (8) Members of the Commission shall receive such salary and other remuneration as the Lieutenant Governor in Council from time to time determines.  R.S.O. 1990, c. N.2, s. 5 (8). Employees (9) Such employees as are considered necessary for the proper conduct of the business of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 89. Pension plan (9.1) The Commission shall be deemed to be a local board for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the chair shall be deemed to be an employee of the Commission for the purposes of that Act.  2006, c. 2, s. 51 (2). Professional assistance (10) Subject to the approval of the Minister, the Commission may engage persons to provide professional, technical or other assistance to the Commission.  R.S.O. 1990, c. N.2, s. 5 (10). Seconding of staff to Commission (11) In the performance of its functions, the Commission may be assisted by such persons in the public service of Ontario as the Minister designates for the purpose.  R.S.O. 1990, c. N.2, s. 5 (11). Commission is body corporate (12) The Commission is a body corporate without share capital.  R.S.O. 1990, c. N.2, s. 5 (12). Not-for-Profit Corporations Act, 2010 (13) The Not-for-Profit Corporations Act, 2010 does not apply to the Commission. 2017, c. 20, Sched. 8, s. 101. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 16 (1) - 1/01/2001 2002, c. 17, Sched. F, Table- 1/01/2003 2006, c. 2, s. 51 (1)
- 30/06/2006; 2006, c. 35, Sched. C, s. 89 - 20/08/2007 2017, c. 20, Sched. 8, s. 101 - 19/10/2021