74 (1) In this section, “sewage service” means the acceptance, collection, transmission, storage, treatment and disposal of sewage, or any one or more of them; (“service d’égout”) “water service” means the taking, collection, production, treatment, storage, supply, transmission, distribution, sale, purchase and use of water, or any one or more of them. (“service d’eau”) R.S.O. 1990, c. O.40, s. 74 (1). Area of public water or sewage service (2) Despite any general or special Act or any regulation or order made thereunder, where, in the opinion of a Director, it is in the public interest to do so, the Director may make an order defining and designating an area as an area of public water service or an area of public sewage service, and, by order from time to time, for the purpose of controlling, regulating, prohibiting, requiring or providing water service or sewage service in the area, may, (a)  impose such terms and conditions in the area as the Director considers necessary; (b)  require that any contract with respect to water service or sewage service in the area be terminated or amended in accordance with the order; and (c)  fix and impose rates or charges upon any person in the area for the provision by the Agency of water service or sewage service to the person. R.S.O. 1990, c. O.40, s. 74 (2); 1993, c. 23, s. 73 (40). Termination or amendment of contracts (3) Where an order is made by a Director requiring that any contract be terminated or amended, such contract shall be deemed to be terminated and no longer operative or binding upon or against any person or shall be deemed to be amended, as the case may be, in accordance with the order. R.S.O. 1990, c. O.40, s. 74 (3). Hearing (4) A Director shall, before making an order under subsection (2), require the Tribunal, by a notice in writing, to hold a hearing. R.S.O. 1990, c. O.40, s. 74 (4); 2000, c. 26, Sched. F, s. 13 (10). Notice (5) The Tribunal shall give at least fifteen days notice of the hearing to the clerk of each municipality affected by the proposed order and to such persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 74 (5); 2000, c. 26, Sched. F, s. 13 (10). Contents of notice (6) The notice of hearing shall state that a hearing is not required to be held if no objections to the establishment or extension are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 74 (6). Amending order (7) A Director may amend the terms and conditions in any order, and may amend the definition or designation of an area in any order, but, before amending the definition or designation of an area, the Director shall comply with the requirements of subsection (4) with respect to the holding of a hearing and the giving of notice thereof. R.S.O. 1990, c. O.40, s. 74 (7). Amending order (7.1) The Agency may by order amend the rates or charges referred to in clause (2) (c). 1993, c. 23, s. 73 (41). Copies of order (8) A Director or the Agency, as the case may be, shall send a copy of an order made under this section by prepaid mail to the clerk of every municipality and to every other person named in the order, and to such other persons as is considered appropriate. 1993, c. 23, s. 73 (42). (9) Repealed: 2009, c. 33, Sched. 2, s. 55 (3). Compensation (10) Where a contract is terminated or amended by an order under this section, the Agency shall make due compensation to any person named in the contract as a party thereto for any damage necessarily resulting from the termination or amendment of the contract, as the case may be, beyond any advantage that the person may derive from water service or sewage service provided under the order. R.S.O. 1990, c. O.40, s. 74 (10); 1993, c. 23, s. 73 (43); 2009, c. 33, Sched. 2, s. 55 (4). Determination of compensation (11) Subject to this section, a claim for compensation, if not agreed upon by the Agency and the person making the claim, shall be determined by the Ontario Land Tribunal and not otherwise, and the Ontario Land Tribunal Act, 2021
applies as far as is practicable to every such claim. 2017, c. 23, Sched. 5, s. 78; 2019, c. 9, Sched. 9, s. 12; 2021, c. 4, Sched. 6, s. 77 (1, 6). Municipality may raise money for payments under order (12) For the purpose of meeting periodic payments to the Agency under an order made under this section, a municipality may raise money by any method or methods authorized by law or by any combination thereof as if the municipality itself were proposing to construct, were constructing or had constructed water works or sewage works or were operating and maintaining water works or sewage works. R.S.O. 1990, c. O.40, s. 74 (12); 1993, c. 23, s. 73 (45); 2009, c. 33, Sched. 2, s. 55 (5). Rates in defined area (13) For the purpose of meeting periodic payments to the Agency under an order made under this section, a municipality may, with the approval of the Ontario Land Tribunal, by by-law define an area that in the opinion of the council of the municipality will derive a benefit from the water service or sewage service provided under the order and may impose a rate or charge upon the owners or occupants of all land in such defined area. R.S.O. 1990, c. O.40, s. 74 (13); 1993, c. 23, s. 73 (45); 2009, c. 33, Sched. 2, s. 55 (6); 2017, c. 23, Sched. 5, s. 75; 2021, c. 4, Sched. 6, s. 77 (1). (14) Repealed: 2009, c. 33, Sched. 2, s. 55 (7). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (40-45) - 15/11/1993 2000, c. 26, Sched. F, s. 13 (10) - 06/12/2000 2009, c. 33, Sched. 2, s. 55 (3-7) - 15/12/2009 2017, c. 23, Sched. 5, s. 75, 78 - 03/04/2018 2019, c. 9, Sched. 9, s. 12 - 06/06/2019 2021, c. 4, Sched. 6, s. 77 (1, 6) - 01/06/2021 No petition to Lieutenant Governor in Council