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Local Planning Appeal Support Centre Act, 2017, S.O. 2017, c. 23, Sched. 2

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Local Planning Appeal Support Centre Act, 2017

S.o. 2017, chapter 23
Schedule 2

Consolidation Period:  From April 3, 2018 to the e-Laws currency date.

Last amendment: 2017, c. 23, Sched. 2, s. 16.

Legislative History: 2017, c. 23, Sched. 2, s. 16; CTS 06 JL 18 – 1.

CONTENTS

1.

Definitions

2.

Centre established

3.

Objects

4.

Provision of support services

5.

Eligibility for support services

6.

Availability of support services

7.

Board of directors

8.

Delegation by board

9.

Annual budget

10.

Annual report

11.

Auditing

12.

Immunity

13.

Crown immunity

14.

By-laws

15.

Regulations

 

Definitions

1 In this Act,

“by-laws” means the by-laws authorized under section 14; (“règlements administratifs”)

“Centre” means the Local Planning Appeal Support Centre established under section 2; (“Centre”)

“Minister” means the member of the Executive Council to whom the powers and duties of the Minister under this Act are assigned by the Lieutenant Governor in Council; (“ministre”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Local Planning Appeal Tribunal. (“Tribunal”)

Centre established

2 (1) A corporation without share capital is established under the name “Local Planning Appeal Support Centre” in English and “Centre d'assistance pour les appels en matière d'aménagement local” in French. 

Composition

(2) The Centre is composed of the members of its board of directors. 

Not a Crown agency

(3) The Centre is not an agent of Her Majesty nor a Crown agency for the purposes of the Crown Agency Act

Centre’s money not part of Consolidated Revenue Fund

(4) The Centre’s money and investments do not form part of the Consolidated Revenue Fund.

Independent from but accountable to Ontario

(5) The Centre shall be independent from, but accountable to, the Government of Ontario as set out in this Act. 

Natural person powers

(6) The Centre has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act and the regulations.

Application of corporate statutes

(7) The Corporations Act and the Corporations Information Act do not apply to the Centre, except as provided for by the regulations.

Note: On the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day section 1 of this Act comes into force, subsection 2 (7) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 23, Sched. 2, s. 16)

Section Amendments with date in force (d/m/y)

2017, c. 23, Sched. 2, s. 16 - not in force

Objects

3 The objects of the Centre are,

(a) to establish and administer a cost-effective and efficient system for providing support services to persons determined to be eligible under this Act respecting matters governed by the Planning Act that are under the jurisdiction of the Tribunal; and

(b) to establish policies and priorities for the provision of the support services based on its financial resources. 

Provision of support services

4 The Centre shall provide the following support services in order to achieve its objects:

1. Information on land use planning.

2. Guidance on Tribunal procedures.

3. Advice or representation.

4. Any other services prescribed by the regulations. 

Eligibility for support services

5 (1) The Centre shall, subject to any rules prescribed in the regulations, establish criteria for determining the eligibility of persons to receive support services from the Centre.

Classes

(2) Criteria established under subsection (1) may be general or specific, and may set out different criteria for different classes of persons.

Public availability

(3) The Centre shall ensure that the criteria established under subsection (1) are available to the public.

Criteria not regulations

(4) Part III of the Legislation Act, 2006 does not apply to criteria established under this section.

Availability of support services

6 The Centre shall ensure that the support services it establishes are available throughout the Province, using such methods of delivering the services as the Centre considers to be appropriate. 

Board of directors

7 (1) The affairs of the Centre shall be governed and managed by its board of directors, who shall be responsible for furthering the Centre’s objects.

Composition, appointment

(2) The board of directors of the Centre shall consist of up to seven members, all of whom shall be appointed by the Lieutenant Governor in Council.

Quorum

(3) Subject to the by-laws, a majority of the directors constitutes a quorum for the transaction of business.

Chair, vice-chair

(4) The Lieutenant Governor in Council shall designate a director as chair, and may designate another director as vice-chair.

Acting chair

(5) If the chair is absent or unable to act, or if the office of chair is vacant, the vice-chair, if any, shall act as and have all the powers of the chair.

Same

(6) If the chair and any vice-chair are absent from a board meeting, the directors present at the meeting shall appoint an acting chair from among themselves to act as, and to have all the powers of, the chair during the meeting.

Remuneration

(7) The members of the board may be paid remuneration and expenses as determined by the Lieutenant Governor in Council.

Board to act responsibly

(8) The board shall act in a financially responsible and accountable manner in exercising its powers and performing its duties. 

Standard of care

(9) The members of the board shall act in good faith with a view to the objects of the Centre and shall exercise the care, diligence and skill of a reasonably prudent person. 

Delegation by board

8 (1) Subject to subsection (2), the board of directors may, in accordance with the by-laws, delegate any of its powers or duties to a committee of the board, to one or more directors, or to one or more officers or employees of the Centre.

Restriction

(2) The board may not delegate its powers or duties respecting the passage of by-laws or resolutions, or the approval of the financial statements or the annual report of the Centre.

Delegation

(3) A delegation under subsection (1),

(a) shall be in writing; and

(b) may be general or specific, and include any terms, conditions or restrictions that the board of directors considers advisable.

Annual budget

9 The Centre shall submit its annual budget to the Minister for approval every year in the manner and form, and at the time, the Minister specifies.

Annual report

10 (1) The Centre shall submit an annual report to the Minister no later than four months after the end of its fiscal year.

Fiscal year

(2) The fiscal year of the Centre shall be from April 1 of a year to March 31 of the following year. 

Auditing

11 (1) The Centre shall ensure that its books of financial account are audited annually in accordance with generally accepted accounting principles, and that a copy of the audit is given to the Minister. 

Audit by Minister

(2) The Minister has the right to audit the Centre at any time that the Minister chooses. 

Immunity

12 (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the Centre for an act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act, the regulations or the by-laws, or for neglect or default in the exercise or performance in good faith of the power or duty.

Same

(2) Subsection (1) does not relieve the Centre of any liability to which it would otherwise be subject with respect to a cause of action arising from any act, neglect or default mentioned in subsection (1).

Crown immunity

13 No action or other civil proceeding shall be commenced against the Crown for any act, neglect or default by a person referred to in subsection 12 (1) or for any act, neglect or default by the Centre.

By-laws

14 The Centre may pass by-laws and resolutions regulating its proceedings, and generally for the conduct and management of its business and affairs.

Regulations

15 The Lieutenant Governor in Council may make regulations,

(a) prescribing limitations for the purposes of subsection 2 (6);

(b) prescribing provisions of the Acts referred to in subsection 2 (7) that apply to the Centre;

(c) prescribing services for the purposes of paragraph 4 of section 4;

(d) governing the eligibility of persons to receive support services from the Centre;

(e) providing for such other matters as the Lieutenant Governor in Council considers advisable to carry out the purpose of this Act.

Section Amendments with date in force (d/m/y)

CTS 06 JL 18 – 1

16 Omitted (provides for amendments to this Act).

17 Omitted (provides for coming into force of provisions of this Act).

18 Omitted (enacts short title of this Act).

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