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O. Reg. 310/15: SOURCE PROTECTION COMMITTEES

filed October 16, 2015 under Clean Water Act, 2006, S.O. 2006, c. 22

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ontario regulation 310/15

made under the

Clean Water Act, 2006

Made: October 14, 2015
Filed: October 16, 2015
Published on e-Laws: October 16, 2015
Printed in The Ontario Gazette: October 31, 2015

Amending O. Reg. 288/07

(SOURCE PROTECTION COMMITTEES)

1. (1) Subsections 1 (1) and (2) of Ontario Regulation 288/07 are revoked and the following substituted:

(1) Subject to subsection (3), the source protection committee for a source protection area or source protection region listed in Column 1 of the Table to this section shall be composed of the chair of the committee and,

(a) before Ontario Regulation 310/15 comes into force, the maximum number of members set out opposite the source protection area or source protection region in Column 2 of the Table;

(b) on or after the day Ontario Regulation 310/15 comes into force and subject to subsection (5), if a source protection authority satisfies the requirements set out in subsection (7) to reduce the number of members in a source protection committee, no fewer than the minimum number of members set out opposite the source protection area or source protection region in Column 3 of the Table; or

(c) on or after the day Ontario Regulation 310/15 comes into force and subject to subsection (6), if a source protection authority has reduced the number of members in a source protection committee under clause (b) and satisfies the requirements set out in subsection (7) to increase the number of members in the source protection committee, no more than the maximum number of members set out opposite the source protection area or source protection region in Column 2 of the Table.

(2) Section 1 of the Regulation is amended by adding the following subsections:

(4) Despite clauses (1) (b) and (c), the composition of the source protection committee must continue to meet the requirements set out in paragraphs 1, 2 and 3 of section 2.

(5) For the purposes of clause (1) (b), the number of members in a source protection committee shall be reduced in accordance with the following rules:

1. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 21 members, the committee may be reduced in size to 18, 15, 12 or 9 members.

2. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 15 members, the committee may be reduced in size to 12, 9 or 6 members.

3. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 9 members, the committee may be reduced in size to 6 members.

(6) For the purposes of clause (1) (c), the number of members in a source protection committee shall be increased in accordance with the following rules:

1. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 6 members and the maximum number of members set out in Column 2 of the Table with respect to the committee is 9 members, the committee may be increased in size to 9 members.

2. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 6 members and the maximum number of members set out in Column 2 of the Table with respect to the committee is 15 members, the committee may be increased in size to 9 or 12 or 15 members.

3. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 9 members and the maximum number of members set out opposite in Column 2 of the Table with respect to the committee is 21 members, the committee may be increased in size to 12, 15, 18 or 21 members.

(7) The requirements referred to in clauses (1) (b) and (c) to reduce or increase the number of members in a source protection committee are the following:

1. The source protection authority must consult with the chair of the source protection committee about the authority’s intention to pass a resolution described in paragraph 3 before passing such a resolution.

2. In the case of a source protection committee established for a source protection region, the lead source protection authority must consult with every other source protection authority in the source protection region before passing a resolution described in paragraph 3.

3. The source protection authority must pass a resolution to reduce or increase the number of members of the source protection committee.

(3) The Table to section 1 of the Regulation is revoked and the following substituted:

Table
Number of members

Item

Column 1

Source Protection Area or Source Protection Region

Column 2

Maximum number of members

Column 3

Minimum number of members

1.

Ausable Bayfield Maitland Valley Source Protection Region

15

6

2.

Cataraqui Source Protection Area

15

6

3.

CTC Source Protection Region

21

9

4.

Essex Region Source Protection Area

15

6

5.

Halton-Hamilton Source Protection Region

15

6

6.

Lake Erie Source Protection Region

21

9

7.

Lakehead Source Protection Area

9

6

8.

Mattagami Region Source Protection Area

9

6

9.

Mississippi-Rideau Source Protection Region

15

6

10.

Niagara Peninsula Source Protection Area

9

6

11.

Sudbury Source Protection Area

9

6

12.

North Bay-Mattawa Source Protection Area

9

6

13.

Quinte Conservation Source Protection Area

15

6

14.

Raisin-South Nation Source Protection Region

15

6

15.

Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region

15

6

16.

Sault Ste. Marie Region Source Protection Area

9

6

17.

South Georgian Bay-Lake Simcoe Source Protection Region

21

9

18.

Thames-Sydenham and Region Source Protection Region

21

9

19.

Trent Conservation Coalition Source Protection Region

21

9

2. (1) Subsections 4 (1), (2), (3) and (4) of the Regulation are revoked and the following substituted:

(1) Each source protection authority shall, before appointing a member to the committee under paragraphs 2 and 3 of section 2, publish a notice described in subsection (2) on the Internet.

(2) A notice referred to in subsection (1) that is published on the Internet must contain the following information:

1. A summary of the functions of the source protection committee established by the source protection authority.

2. A summary of the obligations of a member of the source protection committee.

3. A description of the information that must be submitted to the source protection authority by applicants for appointments pursuant to paragraphs 2 and 3 of section 2.

4. The date by which applications for appointments pursuant to paragraphs 2 and 3 of section 2 must be submitted to the source protection authority.

5. The address of the Internet website where the notice is published.

6. The name, address and telephone number of a person who may be contacted for further information and to whom applications must be submitted.

(3) In addition to publishing the notice required by subsection (1), if the source protection authority is of the opinion that it is necessary in the circumstances to notify the public of the vacancy on the source protection committee by publishing a notice in a newspaper, the source protection authority shall publish a notice in one or more newspapers that, in the opinion of the source protection authority, are of sufficient circulation to bring the notice to the attention of the public in all or in part of the source protection area or source protection region.

(4) The date referred to in paragraph 4 of subsection (2) that is set out in a notice published on the Internet under subsection (1) shall be,

(a) if notice is only published on the Internet under subsection (1), not earlier than one month after the notice is first published on the Internet; or

(b) if notice is also published in a newspaper under subsection (3), not earlier than one month after the notice is first published in a newspaper.

(2) Subsection 4 (6) of the Regulation is amended by striking out “the notices” and substituting “the notice”.

(3) Subsections 4 (7) and (8) of the Regulation are revoked.

3. Section 5 of the Regulation is revoked.

4. (1) Subclauses 6 (2) (d) (i), (ii) and (iii) of the Regulation are revoked and the following substituted:

(i) one person to be appointed as a member of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 6 or 9 members,

(ii) two persons to be appointed as members of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 12 or 15 members, or

(iii) three persons to be appointed as members of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 18 or 21 members.

(2) Subsection 6 (3) of the Regulation is amended by adding “and the length of the term of the appointment” after “clause (2) (d)”.

5. Section 8 of the Regulation is revoked and the following substituted:

Term of appointment

8. (1) The term of the appointment of a member of a source protection committee who was appointed by a source protection authority on or before the day Ontario Regulation 310/15 came into force for a term governed by subsection 8 (1) or (3), as it read immediately before that day, expires in accordance with the following rules:

1. In the case of a source protection committee established for a source protection area, the term must expire before January 1 of the calendar year in which the third annual progress report required by section 46 of the Act is required to be submitted.

2. In the case of a source protection committee established for a source protection region, if the third annual progress reports required by section 46 of the Act with respect to the source protection areas in the source protection region are required to be submitted in the same calendar year, the term must expire before January 1 in that calendar year.

3. In the case of a source protection committee established for a source protection region, if the third annual progress reports required by section 46 of the Act with respect to the source protection areas in the source protection region are required to be submitted in different calendar years, the term must expire before January 1 in the last calendar year in which the final report is required to be submitted.

(2) A source protection authority that appoints a person as a member of a source protection committee on or after the day Ontario Regulation 310/15 comes into force may appoint the member for a term of not less than six months and not more than five years.

(3) Despite subsections (1) and (2), the composition of the source protection committee must continue to meet the requirements set out in paragraphs 1, 2 and 3 of section 2.

(4) Despite subsections (1) and (2), the term of the appointment of a member of a source protection committee who is appointed pursuant to section 6 is the term provided under subsection 6 (3).

6. (1) Subsection 9 (1) of the Regulation is amended by adding “Subject to subsection (1.1)” at the beginning.

(2) Section 9 of the Regulation is amended by adding the following subsection:

(1.1) If a vacancy arises as a result of the expiration of a member’s term of office due to the operation of subsection 8 (3), as it read immediately before the day Ontario Regulation 310/15 came into force, the authority may appoint a new member to fill the vacancy or reappoint the same member as long as the term of the appointment or reappointment expires in accordance with the rules set out in subsection 8 (1).

(3) Subsections 9 (3) and (4) of the Regulation are revoked and the following substituted:

(3) Subsection (2) does not apply to,

(a) a vacancy that arises as a result of the removal of a member from office under subsection 22 (6); or

(b) a vacancy described in subsection (1.1) that is filled by the reappointment of a member under that subsection.

7. Subsection 13 (1) of the Regulation is amended by striking out “that the source protection authority is authorized to appoint” and substituting “that the source protection authority is authorized to appoint under section 2”.

8. Section 16 of the Regulation is revoked and the following substituted:

Meetings

16. The source protection committee shall give notice of committee meetings to the public by publishing the current meeting schedule on the Internet and in such other manner as may be determined by the committee.

9. Paragraph 3 of section 19 of the Regulation is amended by striking out “A person designated by the Minister as” at the beginning.

10. Section 21 of the Regulation is revoked.

Commencement

11. This Regulation comes into force on the day it is filed.

Made by:

Glen Murray

Minister of the Environment and Climate Change

Date made: October 14, 2015.