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Conservation Authorities Act

ONTARIO REGULATION 400/22

INFORMATION REQUIREMENTS

Consolidation Period:  From July 1, 2022 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“Category 2 programs and services” means the municipal programs and services that an authority provides under section 21.1.1 of the Act on behalf of a municipality situated in whole or in part within its area of jurisdiction; (“programmes et services de catégorie 2”)

“Category 3 programs and services” means programs and services that are not the mandatory programs and services required to be provided under section 21.1 of the Act or Category 2 programs and services but are other programs and services provided by an authority under section 21.1.2 of the Act. (“programmes et services de catégorie 3”)

Required information

2. (1) For the purpose of ensuring that the authority makes public on its website the following information related to the authority’s operations, every authority shall provide the following information to the Minister on or before January 1, 2023:

1. The name of every member of the authority and the participating municipality that appointed that member of the authority.

2. Contact information for every member of the authority, including every member’s phone number and email address.

3. The meeting schedule for the authority for the calendar year.

4. Meeting minutes and agendas for meetings of the authority or of its executive committee, including any attachments.

5. A list of each memorandum of understanding or such other agreement the authority has entered into, as of December 31, 2022, with a municipality under subsection 21.1.1 (1) of the Act in respect of Category 2 programs and services.

6. A list of each agreement that the authority has entered into, as of December 31, 2022, with a participating municipality under subsection 21.1.2 (2) of the Act in respect of Category 3 programs and services.

7. The by-laws of the authority made under section 19.1 of the Act.

8. The annual auditor’s report prepared under section 38 of the Act.

9. Any other document prepared by the authority, such as a strategic plan, that, in the opinion of the authority, it is appropriate to post on the Governance section of the authority’s website referred to in subsection 3 (2).

(2) If the authority publishes the information set out in subsection (1) on its website, the authority may comply with subsection (1) by providing the Minister with a link to the location where that information can be found on the authority’s website.

Publishing requirements

3. (1) Every authority shall publish the information set out in subsection 2 (1) by January 1, 2023.

(2) The information referred to in subsection (1) shall be published on a section of the authority’s website titled “Governance”.

(3) The Governance section referred to in subsection (2) shall be conspicuous and easily accessible from the home page of the authority’s website.

(4) A full copy of the documents referred to in paragraphs 5 and 6 of subsection 2 (1) shall be posted on the Governance section of the authority’s website.

(5) Despite subsection (4), the authority is not required to post the following on its website:

1. Any document referred to in paragraph 5 of subsection 2 (1) that is primarily related to procurement.

2. Any portion of the documents referred to in paragraphs 5 and 6 of subsection 2 (1) containing information that is referred to in sections 10 and 11 of the Municipal Freedom of Information and Protection of Privacy Act.

Notice to Minister

4. (1) The authority shall provide written notice to the Minister confirming the publication of information in accordance with section 3.

(2) The notice shall include a link to the Governance section of the authority’s website.

Information updates

5. (1) The authority shall update the Governance section of its website with any changes to the information set out in paragraphs 1, 2, 3, 4 and 7 of subsection 2 (1) in a timely manner.

(2) Subject to subsection 3 (5), if the authority enters into a new, or amends an existing, memorandum of understanding or other agreement with a municipality under subsection 21.1.1 (1) of the Act for Category 2 programs and services, the authority shall post the new or amended memorandum of understanding or other agreement on the Governance section of its website within 30 days.

(3) Subject to subsection 3 (5), if the authority enters into a new, or amends an existing, agreement with a participating municipality under subsection 21.1.2 (2) of the Act for Category 3 programs and services, the authority shall post the new or amended agreement on the Governance section of its website within 30 days.

(4) If the authority develops any document that has not been posted in accordance with paragraph 9 of subsection 2 (1) and section 3 and is of the opinion that it is appropriate to make the document publicly available by posting it on the Governance section of the authority’s website, it shall post the document on the Governance section of its website in a timely manner.

(5) If the authority amends an existing document that has been posted by the authority on the Governance section of its website in accordance with paragraph 9 of subsection 2 (1) and section 3 or subsection (4) of this section, the authority shall post the amended document on the Governance section of its website in a timely manner.

(6) When the authority makes an auditor’s report available to the public on its website under subsection 38 (4) of the Act, the authority shall post the report on the Governance section of its website.

Notice of updates

6. (1) Within 30 days of updating any information or documents in accordance with subsection 5 (2) or (3), the authority shall provide written notice to the Minister and publish a notice on its website.

(2) A notice required under subsection (1) shall include an explanation of the update, together with a link to the updated information.

Governance section of website

7. The authority may comply with a requirement to publish information or post a document on the Governance section of its website by posting a link on the Governance section of its website to the required information elsewhere on its website.

Municipal Freedom of Information and Protection of Privacy Act

8. For greater certainty, any information or document required to be published or posted by the authority under this Regulation is subject to the Municipal Freedom of Information and Protection of Privacy Act.

9. Omitted (provides for coming into force of provisions of this Regulation).

 

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