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Algonquin Forestry Authority Act

R.S.O. 1990, Chapter A.17

Consolidation Period: From January 1, 2018 to the e-Laws currency date.

Last amendment: 2017, c. 34, Sched. 46, s. 5.

Legislative History: 1994, c. 25, s. 78; 2002, c. 18, Sched. L, s. 1; 2004, c. 17, s. 32; 2006, c. 12, s. 58; 2006, c. 35, Sched. C, s. 4; 2007, c. 7, Sched. 7, s. 179; 2017, c. 20, Sched. 8, s. 65; 2017, c. 34, Sched. 46, s. 5.

Definitions

1 In this Act,

“Algonquin Provincial Park” means Algonquin Provincial Park as set apart from time to time under the Provincial Parks and Conservation Reserves Act, 2006; (“parc provincial Algonquin”)

“Authority” means the Algonquin Forestry Authority incorporated by this Act; (“Agence”)

“Board” means the Board of Directors of the Authority; (“conseil d’administration”)

“Crown timber” means timber in a Crown forest as defined in the Crown Forest Sustainability Act, 1994; (“bois de la Couronne”)

“Minister” means the Minister of Natural Resources and Forestry or the minister of the Crown to whom the powers and duties under this Act are assigned or transferred under the Executive Council Act; (“ministre”)

“Treasurer of Ontario” means the Treasurer of Ontario and Minister of Economics. (“trésorier de l’Ontario”)  R.S.O. 1990, c. A.17, s. 1; 1994, c. 25, s. 78 (1); 2002, c. 18, Sched. L, s. 1 (1); 2006, c. 12, s. 58; 2017, c. 34, Sched. 46, s. 5 (1).

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

1994, c. 25, s. 78 (1) - 01/04/1995

2002, c. 18, Sched. L, s. 1 (1) - 26/11/2002

2006, c. 12, s. 58 - 04/09/2007

2017, c. 34, Sched. 46, s. 5 (1) - 01/01/2018

Administration of Act

2 The Minister is responsible for the administration of this Act.  R.S.O. 1990, c. A.17, s. 2.

Application of Crown Forest Sustainability Act, 1994

2.1 The Crown Forest Sustainability Act, 1994 applies to Crown forests in Algonquin Provincial Park, despite section 5 of that Act.  1994, c. 25, s. 78 (2).

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

1994, c. 25, s. 78 (2) - 01/04/1995

Authority continued

3 (1) The corporation without share capital known in English as the Algonquin Forestry Authority and in French as Agence de foresterie du parc Algonquin is continued.  R.S.O. 1990, c. A.17, s. 3 (1).

Composition

(2) The Authority shall consist of not fewer than five and not more than twelve members appointed by the Lieutenant Governor in Council to hold office during pleasure.  R.S.O. 1990, c. A.17, s. 3 (2).

Crown agency

(3) The Authority is an agent of Her Majesty in right of Ontario and is a Crown agency for the purposes of the Crown Agency Act.  R.S.O. 1990, c. A.17, s. 3 (3).

Corporations Act

(4) The Corporations Act does not apply to the Authority.  R.S.O. 1990, c. A.17, s. 3 (4).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 3 (4) of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 65)

Non-application of Acts

(4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Authority. 2017, c. 20, Sched. 8, s. 65.

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

2017, c. 20, Sched. 8, s. 65 - not in force

Board of Directors

4 (1) The members for the time being of the Authority form and are its Board of Directors, and the Lieutenant Governor in Council shall designate one of them as chair and one of them as vice-chair of the Board.  R.S.O. 1990, c. A.17, s. 4 (1).

Remuneration

(2) The Authority may pay its directors such remuneration and expense allowance as may from time to time be fixed by the Lieutenant Governor in Council.  R.S.O. 1990, c. A.17, s. 4 (2).

Management

(3) Subject to subsection 9 (4), the affairs of the Authority are under the management and control of the Board and the chair, subject to subsection (4), shall preside at all meetings of the Board.  R.S.O. 1990, c. A.17, s. 4 (3).

Acting chair

(4) The vice-chair shall act as chair when the chair is absent or the office of chair is vacant.  R.S.O. 1990, c. A.17, s. 4 (4).

Quorum

(5) A majority of the directors constitutes a quorum of the Board.  R.S.O. 1990, c. A.17, s. 4 (5).

By-laws

(6) The Board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Authority.  R.S.O. 1990, c. A.17, s. 4 (6).

Seal

(7) The Authority shall have a seal which shall be adopted by by-law.  R.S.O. 1990, c. A.17, s. 4 (7).

General manager

5 The Lieutenant Governor in Council shall appoint a person to be the general manager of the Authority who shall be subject to the control and direction of the Board and who shall be paid by the Authority such remuneration and expense allowance as may be fixed by the Minister.  R.S.O. 1990, c. A.17, s. 5; 2002, c. 18, Sched. L, s. 1 (2).

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

2002, c. 18, Sched. L, s. 1 (2) - 26/11/2002

Officers and employees

6 (1) The Authority may, subject to the approval of the Minister, establish job classifications, personnel qualifications, duties, powers and salary ranges for its officers and employees and may appoint, employ and promote its officers and employees in conformity with the classifications, qualifications and salary ranges so approved and may dismiss its officers and employees for just cause.  R.S.O. 1990, c. A.17, s. 6 (1); 2002, c. 18, Sched. L, s. 1 (3).

Pensions

(2) The Public Service Pension Act applies to the permanent and full-time probationary staff of the Authority.  R.S.O. 1990, c. A.17, s. 6 (2).

Attendance and vacation credits

(3) Where the Authority employs a person who, immediately before his or her employment by the Authority, was a public servant employed under Part III of the Public Service of Ontario Act, 2006, any attendance credits or vacation credits standing to the credit of the person as a public servant shall continue to the credit of the person as an officer or employee of the Authority.  2006, c. 35, Sched. C, s. 4.

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

2002, c. 18, Sched. L, s. 1 (3) - 26/11/2002

2006, c. 35, Sched. C, s. 4 - 20/08/2007

Professional and other assistance

7 The Authority may engage persons other than those appointed or employed pursuant to section 6 to provide professional, technical or other assistance to or on behalf of the Authority, and may prescribe the terms of engagement and provide for payment of the remuneration and expenses of such persons.  R.S.O. 1990, c. A.17, s. 7; 2002, c. 18, Sched. L, s. 1 (4).

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

2002, c. 18, Sched. L, s. 1 (4) - 26/11/2002

Limitation of liability

8 No director, officer or employee of the Authority, or other person acting on behalf of the Authority, is personally liable for any act done in good faith in the exercise or intended exercise of any of his or her duties or powers or for any default or neglect in good faith in the exercise of any of his or her duties or powers.  R.S.O. 1990, c. A.17, s. 8.

Objects

9 (1) Subject to subsection (2), the objects of the Authority are,

(a) subject to the Crown Forest Sustainability Act, 1994, to harvest Crown timber and produce logs therefrom and to sort, sell, supply and deliver the logs;

(b) to perform, undertake and carry out such forestry, land management and other programs and projects as the Minister may authorize and to advise the Minister on forestry and land management programs and projects of general advantage to Ontario.  R.S.O. 1990, c. A.17, s. 9 (1); 1994, c. 25, s. 78 (3).

Jurisdiction

(2) The Authority shall carry out its objects in Algonquin Provincial Park and in respect of Crown timber on such lands adjacent thereto as may be designated by the Lieutenant Governor in Council.  R.S.O. 1990, c. A.17, s. 9 (2).

Use of public lands

(3) Subject to the Public Lands Act, the Authority may acquire and hold public lands or any interest therein for its actual use and occupation.  R.S.O. 1990, c. A.17, s. 9 (3).

Objectives

(4) The Authority is responsible to and subject to the direction and control of the Minister and, without limiting the generality of the foregoing, the Minister may determine for the Authority,

(a) production and operational objectives aimed at regulating the flow of logs;

(b) social objectives aimed at maintaining or improving employment levels in the forest industry; and

(c) financial, commercial and economic objectives aimed at ensuring reasonable prices for logs produced by or on behalf of the Authority and ensuring a reasonable rate of return on the capital invested in the Authority.  R.S.O. 1990, c. A.17, s. 9 (4).

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

1994, c. 25, s. 78 (3) - 01/04/1995

Capacity of a natural person and power to act outside Ontario

10 (1) The Authority has all the capacity and powers of a natural person, including the capacity to exercise its powers beyond the boundaries of Ontario to the extent to which the laws in force where the powers are sought to be exercised permit, and may accept extra-provincial powers and rights.  R.S.O. 1990, c. A.17, s. 10 (1).

Dealings with Authority

(2) No act of the Authority and no transfer of real or personal property to or by the Authority is invalid by reason of the fact that the Authority was without capacity or power to do such act or make or receive such transfer.  R.S.O. 1990, c. A.17, s. 10 (2).

Park management plan

11 (1) The Minister shall ensure that a park management plan is prepared that balances the public interest in maintaining and improving the quality of Algonquin Provincial Park for the purpose of recreation and the public interest in providing a flow of logs from Algonquin Provincial Park.  2002, c. 18, Sched. L, s. 1 (5).

Crown Forest Sustainability Act, 1994

(2) The requirements that apply to forest management plans under the Crown Forest Sustainability Act, 1994 and sections 11 and 12 of that Act apply to the park management plan.  2002, c. 18, Sched. L, s. 1 (5).

Copy

(2.1) The Minister shall provide the Authority with a copy of the park management plan and every amendment to it.  2002, c. 18, Sched. L, s. 1 (5).

Quality of operations

(3) The Authority shall conduct its operations in conformity and harmony with the provisions and true intent and spirit of the park management plan and all amendments thereof, and shall ensure that such operations are conducted, so far as it is practicable so to do, with full regard at all times for the aesthetics, ecology and all other qualities of the environment.  R.S.O. 1990, c. A.17, s. 11 (3); 2002, c. 18, Sched. L, s. 1 (6).

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

1994, c. 25, s. 78 (4) - 01/04/1995

2002, c. 18, Sched. L, s. 1 (5, 6) - 26/11/2002

Grants and loans

12 (1) The Lieutenant Governor in Council may authorize the Minister to make grants and loans to the Authority at such times and upon such terms as the Lieutenant Governor in Council considers advisable.  R.S.O. 1990, c. A.17, s. 12 (1).

Statutory appropriation

(2) The money required for the purposes of subsection (1) shall be paid out of the Consolidated Revenue Fund.  R.S.O. 1990, c. A.17, s. 12 (2).

Application of property and money

13 (1) Subject to subsection (2) and section 14, the property and money of the Authority shall be applied solely to promote the objects of the Authority.  R.S.O. 1990, c. A.17, s. 13 (1).

Investment of surplus money

(2) The Authority may temporarily invest any surplus money not immediately required for its objects in any securities issued by or guaranteed as to principal and interest by the Province of Ontario, by any other province of Canada, or by Canada.  R.S.O. 1990, c. A.17, s. 13 (2).

Bank accounts

(3) The Authority may, with the approval of the Minister, maintain in its name one or more accounts in,

(a) a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada);

(b) a corporation registered under the Loan and Trust Corporations Act;

(c) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994; or

(d) a retail association as defined under the Cooperative Credit Associations Act (Canada).  2007, c. 7, Sched. 7, s. 179.

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

2007, c. 7, Sched. 7, s. 179 - 01/10/2009

Disposition of excess money

14 The Authority, upon the order of the Lieutenant Governor in Council, shall pay to the Treasurer of Ontario so much of the money of the Authority as the Lieutenant Governor in Council considers in excess of the money required for the objects of the Authority, and any money so paid may be applied by the Treasurer of Ontario towards the discharge of any obligation of the Authority to Her Majesty in right of Ontario, and if not so applied shall form part of the Consolidated Revenue Fund.  R.S.O. 1990, c. A.17, s. 14.

Fiscal year

15 Unless otherwise ordered by the Lieutenant Governor in Council, the fiscal year of the Authority commences on the 1st day of April in each year and ends with the 31st day of March in the following year.  R.S.O. 1990, c. A.17, s. 15.

Accounting system

16 (1) The Authority shall establish and maintain an accounting system satisfactory to the Minister.  R.S.O. 1990, c. A.17, s. 16 (1).

Submission of information and data to Minister

(2) The Minister may direct the Authority to prepare and submit to the Minister, in such form and at such time as the Minister directs, forecasts, estimates and analyses of revenues, expenditures, commitments and any other data and information pertaining to any aspect of the affairs of the Authority.  R.S.O. 1990, c. A.17, s. 16 (2).

17 Repealed: 2017, c. 34, Sched. 46, s. 5 (2).

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

2017, c. 34, Sched. 46, s. 5 (2) - 01/01/2018

Audit

18 The accounts and financial transactions of the Authority shall be audited annually by the Auditor General, and a report of the audit shall be made to the Minister and the Authority in which the Auditor General shall,

(a) express an opinion on the financial statements of the Authority; and

(b) include any matters that the Auditor General considers should be brought to the attention of the Minister and the Authority.  R.S.O. 1990, c. A.17, s. 18; 2004, c. 17, s. 32.

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

2004, c. 17, s. 32 - 30/11/2004

Annual report

19 (1) The Authority shall prepare an annual report, provide it to the Minister no later than 90 days after the Authority receives audited financial statements from the Auditor General and make it available to the public. 2017, c. 34, Sched. 46, s. 5 (3).

Same

(2) The Authority shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report; and

(b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 5 (3).

Same

(3) The Authority shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 5 (3).

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

1994, c. 25, s. 78 (5) - 01/04/1995

2017, c. 34, Sched. 46, s. 5 (3) - 01/01/2018

Tabling of annual report

20 The Minister shall table the Authority’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 5 (3).

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

2017, c. 34, Sched. 46, s. 5 (3) - 01/01/2018

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