jswizzle3737/ontario_laws_and_regs huggingface dataset:
Budgetary matters
 2. The following matters are prescribed as budgetary matters for the purposes of clause 14 (4.0.1) (d) of the Act: 1. Matters that are required to be voted on under this Regulation. 2. Matters relating to budget reallocations in a calendar year. 3. Matters relating to annual audits under section 38 of the Act. Budget
Budget
nan
Annual budget
 3. Every authority shall prepare a budget for 2024 and for every subsequent calendar year in accordance with this Regulation.
Budgetary process
 4. (1) An authority shall prepare the budget for a calendar year in accordance with the budgetary process set out in this Regulation. (2) An authority shall begin the budgetary process for a given calendar year at such time during the preceding year as the authority determines and shall end the budgetary process at such time as the authority determines, subject to any timelines set out in this Regulation. Apportionment
Apportionment
nan
Determination of revenue, expenses and costs
 5. (1) During the first phase of the budgetary process for a given calendar year, the authority shall, (a) identify all of the authority’s sources of revenue for the year, other than revenue from the apportionment of operating expenses and capital costs under sections 7 to 12, including, (i) revenue from fees or charges paid to the authority, (ii) revenue from donations and grants received by the authority, (iii) self-generated revenue from fund-raising or other efforts made during the year to generate funds, (iv) any amounts that the authority plans to obtain from its reserve funds to finance its capital costs and operations, including its programs and services, for the year, (v) revenue made under agreements entered into under clause 21 (1) (n) of the Act, and (vi) revenue from other sources; (b) determine the amount of revenue from each of the sources identified under clause (a) and add those amounts to determine the authority’s total revenue for the year; (c) identify all of the authority’s operating expenses for the year, as required under subsection 27 (1) of the Act, and categorize them as, (i) Category 1 operating expenses, (ii) Category 2 operating expenses, (iii) Category 3 operating expenses, or (iv) general operating expenses; (d) determine the authority’s total operating expenses for the year; (e) identify all of the authority’s capital costs for the year, as required under subsection 25 (1) of the Act, and categorize them as, (i) Category 1 capital costs, (ii) Category 2 capital costs, (iii) Category 3 capital costs, or (iv) general capital costs; and (f) determine the authority’s total capital costs for the year. (2) If the Minister has consolidated two or more source protection areas into a drinking water source protection region under section 6 of the Clean Water Act, 2006, (a) the authority that is designated by the Minister as a lead source protection authority shall include under clause (1) (a) any revenue that it receives from other source protection authorities in the source protection region under an agreement entered into under subsection 6 (3) of the Clean Water Act, 2006; and (b) the authorities that are part of the source protection region but are not designated as the lead source protection authority shall identify under clause (1) (c) and (e) any operating expenses and capital costs that they are required to pay to the lead source protection authority under an agreement entered into under subsection 6 (3) of the Clean Water Act, 2006.
Determination of reduced amounts to be apportioned
 6. For the purposes of subsections 25 (1) and 27 (1) of the Act, the authority shall, with respect to each operating expense and capital cost identified under clauses 5 (1) (c) and (e), determine which portion of the operating expense or capital cost will be apportioned to participating municipalities by, (a) determining if there are any restrictions or rules with respect to the use of revenue from certain sources by the authority; (b) determining if, in the authority’s opinion, the operating expense or capital cost can or should be offset, in whole or in part, by any of the revenue identified in clause 5 (1) (a) and the extent to which it should be offset; and (c) applying such part of the revenue from a source identified in clause 5 (1) (a) as the authority determines is appropriate to the operating expense or capital cost so as to reduce it.
Category 1 operating expenses and capital costs
 8. (1) Before apportioning a Category 1 operating expense or capital cost, an authority shall make the following determinations: 1. Whether the related Category 1 program or service, i. benefits all of the participating municipalities within the authority’s area of jurisdiction, or ii. benefits one or more, but not all, of the participating municipalities within the authority’s area of jurisdiction. 2. If the related Category 1 program or service benefits all of the participating municipalities within the authority’s area of jurisdiction, whether one or more of the participating municipalities’ benefit from the Category 1 program or service is disproportionate to the benefit obtained by the other participating municipalities. 3. In the case of a Category 1 CWA/LSPA operating expense or capital cost, a determination made in accordance with Ontario Regulation 401/22 (Determination of Amounts under Subsection 27.2 (2) of the Act) made under the Act that, i. the related Category 1 CWA/LSPA program or service benefits one or more of the authority’s specified municipalities, and ii. the benefitting specified municipalities owe or will owe amounts with respect to the program or service under subsection 27.2 (2) of the Act. (2) An authority shall use the MCVA apportionment method to apportion the reduced operating expense or reduced capital cost for Category 1 operating expenses and capital costs, subject to subsection (3). (3) An authority shall use the benefit-based apportionment method to apportion the reduced operating expense or reduced capital cost for a Category 1 operating expense or capital cost if the authority has determined under subsection (1) that the related Category 1 program or service, (a) benefits one or more, but not all, of the participating municipalities within the authority’s area of jurisdiction; or (b) benefits all of the participating municipalities within the authority’s area of jurisdiction but one or more of the participating municipalities is provided with a benefit that is disproportionate to the benefit provided to the other participating municipalities. (4) An authority shall apportion a Category 1 CWA/LSPA operating expense or capital cost in accordance with subsections (2) and (3), except if the authority has determined under Ontario Regulation 401/22 that, (a) the related Category 1 CWA/LSPA program or service benefits one or more of its specified municipalities; and (b) the benefitting specified municipality owes or will owe amounts under subsection 27.2 (2) of the Act. (5) In the case of Category 1 CWA/LSPA operating expense or capital cost described in clauses (4) (a) and (b), the apportionment of the operating expense or capital cost conducted under Ontario Regulation 401/22 to determine the amounts owing under subsection 27.2 (2) of the Act by specified municipalities shall be considered an apportionment under this Regulation and used to determine the portion of the operating expense or capital cost to be apportioned to each participating municipality within the authority’s area of jurisdiction.
Category 2 operating expenses and capital costs
 9. When apportioning a Category 2 operating expense or capital cost, an authority shall apportion the reduced operating expense or the reduced capital cost, as the case may be, in its entirety, to the participating municipality that has entered into a memorandum of understanding or other agreement with the authority under section 21.1.1 of the Act for the authority to provide the Category 2 program or service on the municipality’s behalf.
Category 3 operating expenses and capital costs
 10. (1) When apportioning a Category 3 operating expense or capital cost, an authority shall apportion the reduced operating expense or the reduced capital cost, as the case may be, among the participating municipalities that entered into an agreement described in subsection 21.1.2 (2) of the Act in accordance with that agreement. (2) Despite subsection (1), if the agreement described in subsection 21.1.2 (2) of the Act does not address how to apportion a Category 3 operating expense or capital cost, the authority shall apportion the reduced operating expense or the reduced capital cost, as the case may be, in the following manner: 1. Subject to subparagraph 2 i, if all of the participating municipalities within the authority’s area of jurisdiction have entered into the agreement described in subsection 21.1.2 (2) of the Act, by using the MCVA apportionment method. 2. By using the benefit-based apportionment method if, i. all of the participating municipalities within the authority’s area of jurisdiction have entered into the agreement described in subsection 21.1.2 (2) of the Act but, in the authority’s opinion, one or more participating municipalities obtains a benefit from the related Category 3 program or service that is disproportionate to the benefit obtained by the other participating municipalities, or ii. one or more, but not all, of the participating municipalities within the authority’s area of jurisdiction have entered into the agreement described in subsection 21.1.2 (2) of the Act.
General operating expenses and capital costs
 11. When apportioning a general operating expense or capital cost, an authority shall use the MCVA apportionment method to apportion the reduced operating expense or capital cost, as the case may be.
Agreements
 12. Despite sections 7 to 11, where an authority has entered into an agreement with its participating municipalities with respect to the apportionment of the following operating expenses or capital costs, the apportionment of the reduced operating expense or the reduced capital cost, as the case may be, shall be in accordance with the agreement: 1. Category 1 operating expenses that are related to a Category 1 program or service that benefits one or more, but not all, of the participating municipalities within the authority’s area of jurisdiction. 2. Category 1 capital costs. 3. Category 1 CWA/LSPA operating expenses and capital costs. 4. General capital costs. Draft Budget and Consultations
Draft Budget and Consultations
nan
Draft budget
 13. (1) After having determined the apportionment of operating expenses and capital costs, an authority shall begin the second phase of the budgetary process by preparing a draft budget. (2) The draft budget for any given year shall set out: 1. The authority’s total revenue for the year, as determined under clause 5 (1) (b). 2. The sources of the revenue for the year referred to in subclauses 5 (1) (a) (i) to (vi) and the amount of the revenue from each such source, as determined under clause 5 (1) (b). 3. The authority’s total operating expenses for the year, as determined under clause 5 (1) (d), and a list of operating expenses setting out as separate amounts, i. Category 1 operating expenses related to each Category 1 program and service, ii. Category 2 operating expenses related to each Category 2 program and service, iii. Category 3 operating expenses related to each Category 3 program and service, and iv. general operating expenses. 4. The authority’s total capital costs for the year as determined under clause 5 (1) (f), and a list of capital costs setting out as separate amounts, i. Category 1 capital costs related to each Category 1 program and service, ii. Category 2 capital costs related to each Category 2 program and service, iii. Category 3 capital costs related to each Category 3 program and service, and iv. general capital costs. 5. The amount of revenue that the authority will obtain during the year from the apportionment of operating expenses and capital costs under sections 7 to 12 to its participating municipalities, and the portion of this revenue that each participating municipality shall pay. 6. The amount of revenue that the authority will obtain during the year from amounts to be paid by specified municipalities under section 27.2 of the Act, as determined under Ontario Regulation 401/22 (Determination of Amounts under Subsection 27.2 (2) of the Act) made under the Act, and the portion of this revenue that each specified municipality shall pay. 7. If the authority considered opportunities to raise and use self-generated revenue to help finance the authority’s operations, including the programs and services it provides, a description of what the authority considered. 8. Any additional financial information that the authority considers relevant to include.
Meeting on draft budget
 14. (1) An authority shall hold a meeting to, (a) consider the draft budget for a given year; and (b) decide whether or not to approve the draft budget for consultation purposes. (2) The authority shall give notice of the meeting on a draft budget for a given year to a specified municipality if, (a) the authority has determined under subsection 27.2 (2) of the Act that the specified municipality owes or will owe amounts for the year in connection with Category 1 CWA/LSPA programs and services; and (b) the amounts owing or to be owed, as determined under sections 5 to 8 of Ontario Regulation 401/22 (Determination of Amounts under Subsection 27.2 (2) of the Act) made under the Act, are set out in the draft budget. (3) At a meeting held under this section, the authority shall hold a vote on whether to approve the draft budget for consultation purposes. (4) If notice of the meeting has been given under subsection (2) to a specified municipality that is designated as a participating municipality under the Clean Water Act, 2006, the authority shall, before voting on approving the draft budget under subsection (3), (a) convene the members appointed by the municipalities designated as participating municipalities under the Clean Water Act, 2006; and (b) hold a vote of the members referred to in clause (a) to approve, for consultation purposes, the portion of the draft budget relating to programs and services provided by the authority under the Clean Water Act, 2006. (5) If notice of the meeting has been given under subsection (2) to a specified municipality that is designated as a participating municipality under the Lake Simcoe Protection Act, 2008, the authority shall, before voting on approving the draft budget under subsection (3), (a) convene the members appointed by the municipalities designated as participating municipalities under the Lake Simcoe Protection Act, 2008; and (b) hold a vote of the members referred to in clause (a) to approve, for consultation purposes, the portion of the draft budget relating to programs and services provided by the authority under the Lake Simcoe Protection Act, 2008. (6) For greater certainty, for the purposes of a vote held under subsection (4) or (5), section 16 of the Act applies except that the members appointed by the specified municipalities shall be included when determining the quorum and shall be entitled to vote.
Consultations
 15. (1) If an authority approves a draft budget for consultation purposes under section 14, the authority shall, (a) send to each participating municipality, and to any specified municipality, a copy of the draft budget and of all financial information relating to the apportionment of operating expenses and capital costs; and (b) make a copy of the draft budget and of the financial information referred to in clause (a) available to the public by posting them on the section of the authority’s website entitled “Governance” and by any other means the authority considers appropriate. (2) An authority shall carry on such consultations with participating municipalities and specified municipalities affected by the draft budget as are necessary to finalize the annual budget. Approval of Apportionment under subsections 25 (1) and 27 (1) of the Act   and Amounts owing under subsection 27.2 (2) of the Act
Approval of Apportionment under subsections 25 (1) and 27 (1) of the Act and Amounts owing under subsection 27.2 (2) of the Act
nan
Meeting on apportionment, etc.
 16. At the beginning of the third phase of the budgetary process, an authority shall hold a meeting to approve, (a) the apportionment of operating expenses and capital costs to participating municipalities under subsections 25 (1) and 27 (1) of the Act, as determined under sections 7 to 12; and (b) the apportionment of any Category 1 CWA/LSPA operating expenses and capital costs among participating and specified municipalities in accordance with Ontario Regulation 401/22 (Determination of Amounts under Subsection 27.2 (2) of the Act) made under the Act.
Notice of meeting
 17. (1) An authority shall give notice of a meeting under section 16 to all participating municipalities and to any specified municipality that is entitled to receive notice of the meeting under subsection (2). (2) The authority shall give notice of a meeting under section 16 to a specified municipality if, after consultations held under section 15, the authority has determined under section 3 of Ontario Regulation 401/22 (Determination of Amounts under Subsection 27.2 (2) of the Act) made under the Act that the specified municipality should be required to pay amounts owing under subsection 27.2 (2) of the Act for the budget year in connection with Category 1 CWA/LSPA programs and services. (3) The notice of meeting shall be given at least 30 days before the meeting. (4) The notice of meeting shall include, (a) a copy of the most recent draft of the budget; and (b) the amount of the reduced operating expenses and reduced capital costs that the participating municipality or specified municipality that is given notice will be required to pay for the year.
Voting on apportionment, etc.
 18. (1) At a meeting under section 16, an authority shall, (a) if the apportionment of any Category 1 CWA/LSPA operating expenses and capital costs among participating municipalities and specified municipalities is on the meeting agenda, hold such votes as are necessary with respect to the apportionment of those operating expenses and capital costs before voting on the apportionment of any other operating expenses and capital costs; and (b) after votes have been held under clause (a), if any, hold such votes as are necessary on the apportionment of other operating expenses and capital costs among participating municipalities. (2) Despite section 16 of the Act, (a) on a vote under clause (1) (a) with respect to an apportionment of the Category 1 CWA/LSPA operating expenses and capital costs, a person appointed by a specified municipality shall be entitled to vote as a member of the authority and shall be included in the quorum of members required for the purposes of that vote; and (b) any vote held at a meeting under section 16, including a vote on which members appointed by specified municipalities are entitled to vote, shall be carried by a weighted majority in accordance with section 19. (3) All votes held at a meeting under section 16 shall be recorded.
Weighted majority vote
 19. The following rules apply to a vote that is to be carried by a weighted majority: 1. Each member’s vote shall be weighted according to the ratio that the modified current value assessment for the municipality that appointed the member bears to the authority’s modified current value assessment. 2. A weighted majority requires 51 per cent or more of the total weighted value for all of the votes cast. 3. In the case of tie vote, the vote is lost. 4. If a municipality appoints more than one member to the authority, each of those members’ votes shall be equal to the municipality’s weighted vote divided by the number of members the municipality appoints to the authority. 5. A municipality shall not have a weighted vote of more than 50 per cent of the total weighted value for all of the votes to be cast unless the municipality appoints more than 50 per cent of the members to the authority.
Notice to pay
 20. (1) An authority shall not send a notice of apportionment to a participating municipality under subsection 25 (2) or 27 (3) of the Act until a vote has been held at a meeting under section 16 with respect to the apportionment under section 25 or 27 of the Act. (2) An authority shall not send a notice under subsection 27.2 (3) of the Act setting out the amounts owing by a specified municipality with respect to a Category 1 CWA/LSPA program or service until a vote has been held at a meeting under section 16 of this Regulation with respect to the apportionment of the related Category 1 CWA/LSPA operating expenses and capital costs under subsection 27.2 (2) of the Act. Final Budget
Final Budget
nan
Final budget
 21. (1) An authority shall prepare a final budget as part of the final phase of the budgetary process.  (2) The final budget shall meet all the requirements of a draft budget under subsection 13 (2), subject to subsection (3). (3) The amounts in the final budget shall reflect the matters agreed to during consultations under section 15 and the amounts voted on during a meeting held under section 16.
Meeting
 22. An authority shall hold a meeting of its members to approve the final budget.
Vote
 23. (1) The vote to approve the final budget shall be carried by a majority of votes. (2) Despite subsection (1), the vote to approve the final budget shall be carried by a weighted majority in accordance with section 19 if required to do so by the authority’s by-laws. (3) A vote held to approve the final budget shall be recorded.
Providing copies and posting of budget
 24. Promptly after the final budget is approved by participating municipalities, the authority shall end the budgetary process for a given year by, (a) providing a copy of the final budget to the Minister and to each of the authority’s participating municipalities and specified municipalities; and (b) making a copy of the final budget available to the public by posting it on the section of the authority’s website entitled “Governance” and by any other means the authority considers appropriate. 25. Omitted (revokes other Regulations). 26. Omitted (provides for coming into force of provisions of this Regulation).  Français