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St. Clair Parks Commission Act, 2000

S.O. 2000, CHAPTER 44

Historical version for the period May 18, 2006 to October 9, 2008.

Last amendment: 2006, c. 9, Sched. N, ss. 1-4, 7.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2006, chapter 9, Schedule N, section 7. See: 2006, c. 9, Sched. N, ss. 7, 8 (2).

Definitions

1. In this Act,

“board” means the board of directors of the Commission; (“conseil”)

“Commission” means the St. Clair Parks Commission; (“Commission”)

“Minister” means the member of the Executive Council to whom the administration of this Act is assigned from time to time by the Lieutenant Governor in Council; (“ministre”)

“Parks” means all land and interests in land, including tourism facilities, vested in or placed under the control of the Commission; (“parcs”)

“participating municipalities” means the municipalities designated under subsection 12 (4); (“municipalités participantes”)

“tourism facilities” includes recreational and heritage facilities and properties. (“installations touristiques”) 2000, c. 44, s. 1.

Commission

2. (1) The St. Clair Parkway Commission is continued as a corporation without share capital known as the St. Clair Parks Commission in English and in French as Commission des parcs de la Sainte-Claire composed of not more than 11 members of whom six are appointed by the Lieutenant Governor in Council and five appointed by the councils of such municipalities and in such numbers as are prescribed by the regulations. 2000, c. 44, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 9, Schedule N, section 1 and the following substituted:

Commission

(1) The St. Clair Parkway Commission is continued as a corporation without share capital known as the St. Clair Parks Commission in English and in French as Commission des parcs de la Sainte-Claire composed of not more than five members appointed by the Lieutenant Governor in Council. 2006, c. 9, Sched. N, s. 1.

Transition

(1.1) The persons who were members of the Commission by virtue of appointment by the council of a municipality immediately before the day section 1 of Schedule N to the Budget Measures Act, 2006 comes into force cease to be members on that day. 2006, c. 9, Sched. N, s. 1.

See: 2006, c. 9, Sched. N, ss. 1, 8 (2).

Chair and vice-chair

(2) The Lieutenant Governor in Council shall designate one member as chair and may designate one member as vice-chair. 2000, c. 44, s. 2 (2).

Remuneration

(3) The chair, the vice-chair, if any, and the other members of the Commission may be paid such remuneration as is fixed by the Lieutenant Governor in Council. 2000, c. 44, s. 2 (3).

Members of Assembly

(4) Despite the Legislative Assembly Act, any member of the Assembly may be appointed as a member of the Commission and is entitled to act as such and receive remuneration therefor without vacating or forfeiting his or her seat or incurring any other penalty for sitting or voting as a member of the Assembly. 2000, c. 44, s. 2 (4).

(5) Repealed: 2002, c. 17, Sched. F, Table.

Objects

3. (1) The objects of the Commission are to,

(a) maintain and operate Parks for the use and enjoyment of the public;

(b) promote and develop the tourism potential of the region in which the Parks are situated; and

(c) manage and operate such facilities and conveniences as may be appropriate to the attainment of the objects set in clauses (a) and (b). 2000, c. 44, s. 3 (1).

Power

(2) Subject to section 4, the Commission has the capacity, rights, powers and privileges of a natural person in carrying out its objects and in carrying out a direction of the Minister under section 3.1. 2006, c. 9, Sched. N, s. 2.

Use of revenue

(3) The revenues of the Commission shall not be used for any purpose except to further its objects. 2000, c. 44, s. 3 (3).

Interpretation

(4) For the purpose of subsection (3),

“revenue” includes all money and the cash value of tangible property received by the Commission from whatever source and in whatever form. 2000, c. 44, s. 3 (4).

Ministerial direction to Commission

3.1 (1) The Minister may direct the Commission to,

(a) enter into an agreement to transfer any of the Commission’s assets and liabilities in accordance with this section; and

(b) do anything necessary or appropriate to wind up the Commission or otherwise prepare for its dissolution under section 15. 2006, c. 9, Sched. N, s. 3.

Directions may be general or detailed

(2) The Minister’s directions under subsection (1) may be as general or detailed as the Minister considers appropriate. 2006, c. 9, Sched. N, s. 3.

Minister may act for Commission

(3) The Minister may, for and in the name of the Commission, do anything, wholly or partly, that the Minister may direct the Commission to do under clause (1) (a) or (b). 2006, c. 9, Sched. N, s. 3.

Same

(4) If the Minister does or proposes to do anything under subsection (3) that the Minister has directed the Commission to do, the Minister shall so notify the Commission and the Commission shall not do the thing. 2006, c. 9, Sched. N, s. 3.

Legal effect

(5) Anything done by the Minister under subsection (3) has the same legal effect as if the Commission had done it. 2006, c. 9, Sched. N, s. 3.

Same

(6) Nothing in subsection 3 (1) or clause 4 (1) (a) prevents a transfer of real property under this section, and despite clause 4 (1) (a), the approval of the Lieutenant Governor in Council is not required for a transfer of real property under this section. 2006, c. 9, Sched. N, s. 3.

Bulk Sales Act not applicable

(7) The Bulk Sales Act does not apply to a transfer of the Commission’s assets made under this section. 2006, c. 9, Sched. N, s. 3.

Qualified powers

4. (1) Except with the approval of the Lieutenant Governor in Council, the Commission shall not,

(a) acquire, hold or dispose of any interest in real property;

(b) borrow money that together with any other borrowings that are not repaid would exceed 70 per cent of the unreceived balance of the estimated revenues of the Commission as set out in its estimates adopted for the year; or

(c) pledge assets of the Commission. 2000, c. 44, s. 4 (1).

Fees

(2) Subject to the approval of the Minister, the Commission may establish fees for,

(a) entrance into the Parks;

(b) permits in respect of the use of facilities of Parks; and

(c) the use of services and facilities provided in relation to the Parks. 2000, c. 44, s. 4 (2).

Board

5. (1) The members of the Commission form and are its board. 2000, c. 44, s. 5 (1).

Management

(2) The affairs of the Commission are under the management and control of the board. 2000, c. 44, s. 5 (2).

By-laws and resolutions

(3) The board may pass by-laws and resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Commission. 2000, c. 44, s. 5 (3).

Officers, etc.

(4) The Commission may appoint officers and other employees to carry out the duties that are assigned by the board. 2000, c. 44, s. 5 (4).

Application

(5) Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the Commission with necessary modifications. 2000, c. 44, s. 5 (5).

Funding

6. (1) The Minister may grant funds to the Commission in such amounts, at such times and on such terms as the Minister may determine. 2000, c. 44, s. 6 (1).

Same

(2) The participating municipalities may grant funds to the Commission in such amounts, at such times and on such terms as they may determine. 2000, c. 44, s. 6 (2).

Tax exemption

7. All land of the Commission is exempt from assessment or taxation by any municipality while the land is used and occupied for the purposes of the Commission. 2000, c. 44, s. 7.

Payments in lieu of taxes

8. (1) The Minister of Municipal Affairs and Housing may pay in each year to a municipality in which there are one or more parks operated by the Commission,

(a) $12.35 per hectare for each of the first 40 hectares of each such park and $5 per hectare for each hectare in excess of 40 hectares in each such park up to 4,000 hectares in each such park and $1.25 per hectare for each hectare in excess of 4,000 hectares in each such park; or

(b) $100,

whichever is the greater, and the Minister shall recover such payments out of the funds of the Commission. 2000, c. 44, s. 8 (1).

Determinations

(2) For the purposes of subsection (1), the Minister of Municipal Affairs and Housing shall determine annually,

(a) the names of those municipalities in which there was located on the next preceding 1st day of January, one or more parks or any part thereof; and

(b) the number of hectares to the nearest whole hectare in each park or part thereof so located within each such municipality,

and the Minister’s determination is final. 2000, c. 44, s. 8 (2).

Books of account

9. (1) The Commission shall cause books of account to be kept showing all money received by it, all money disbursed by it, and the purposes for which the money was received and disbursed. 2000, c. 44, s. 9 (1).

Inspection

(2) Any member of the Commission, the Minister of Finance, any person appointed by the Commission or Minister of Finance for the purpose, and any person designated by a participating municipality for the purpose is entitled to inspect the books of account and to make copies of any part of them. 2000, c. 44, s. 9 (2).

Policy

10. (1) The Minister may issue policy directions to the board. 2000, c. 44, s. 10 (1).

Board’s obligation

(2) The board shall follow any policy directions issued by the Minister. 2000, c. 44, s. 10 (2).

Reports

11. (1) The Commission shall deliver an annual report, including an audited financial statement, to the Minister on its affairs. 2000, c. 44, s. 11 (1).

Financial statements

(2) The financial statement must be signed by the chair of the board and one other director. 2000, c. 44, s. 11 (2).

Same

(3) The audited financial statements are subject to the review of the Auditor General. 2000, c. 44, s. 11 (3); 2004, c. 17, s. 32.

Other reports

(4) In addition to the annual report, the Commission shall make such further reports on its affairs to the Minister as the Minister directs. 2000, c. 44, s. 11 (4).

Report to Assembly

(5) The Minister shall submit each annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if it is not in session, at its next session. 2000, c. 44, s. 11 (5).

Regulations

12. (1) The Commission, with the approval of the Lieutenant Governor in Council, may make regulations,

(a) regulating and governing the use by the public of the Parks and the works, vehicles, boats, services and things under the jurisdiction of the Commission;

(b) providing for the protection and preservation from damage of the property of the Commission;

(c) prescribing permits designating privileges in connection with the use of the Parks;

(d) regulating and governing vehicular and pedestrian traffic within the Parks and prohibiting the use of any class or classes of vehicles within the Parks;

(e) prohibiting or regulating and governing the erection, posting or display of notices, signs, sign boards and other advertising devices in the Parks or within 400 metres of any land or facilities comprising any part of the Parks;

(f) prescribing conditions under which any animals may be allowed in the Parks;

(g) imposing fines not exceeding $500 for any breach of any regulation. 2000, c. 44, s. 12 (1).

Scope of regulation

(2) Any regulation may be general or particular in its application. 2000, c. 44, s. 12 (2).

Offence

(3) Every person who contravenes a regulation made under this Act is guilty of an offence punishable under the Provincial Offences Act. 2000, c. 44, s. 12 (3).

Participating municipalities

(4) The Lieutenant Governor in Council may make regulations designating a municipality as a participating municipality and designating the number of members the municipality may appoint to the Commission. 2000, c. 44, s. 12 (4).

Non-application

13. The Corporations Act and the Corporations Information Act do not apply to the Commission. 2000, c. 44, s. 13.

Agent of Crown

14. The Commission is a Crown agency within the meaning of the Crown Agency Act and its powers may be exercised only as an agent of Her Majesty. 2000, c. 44, s. 14.

Dissolution

15. The Commission is dissolved on a day to be named by proclamation of the Lieutenant Governor. 2006, c. 9, Sched. N, s. 4.

16., 17. Repealed: 2006, c. 9, Sched. N, s. 4.

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