Bill 86 2016
An Act to amend the Conservation Authorities Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 14 of the Conservation Authorities Act is amended by adding the following subsections:
Same
(3.1) At least half of the members of an authority shall have
significant training, experience or employment history in an
environmental or natural resource field.
. . . . .
Termination of existing appointments
(4.1) Despite subsection (1), within six months after the
appointment requirement in subsection (3.1) comes into force, the
respective councils of the participating municipalities shall terminate
all existing appointments and make new appointments in accordance with
this section.
Eligibility for reappointment
(4.2) A member whose appointment is terminated in accordance with
subsection (4.1) is eligible for reappointment to fill the vacancy
created by the termination if they meet the qualifications in this
section.
Deemed to be continuously appointed
(4.3) For the purpose of the term limit in subsection (4), a member
whose appointment is terminated in accordance with subsection (4.1) and
who is reappointed to fill the vacancy created by the termination is
deemed to have been continuously appointed from the time the terminated
appointment began, minus the time between the termination and
reappointment.
Commencement
2. This Act comes into force six months after the day it receives Royal Assent.
Short title
3. The short title of this Act is the Conservation Authorities Amendment Act, 2016.
EXPLANATORY NOTE
The
Bill amends the Conservation Authorities Act to require that at least
half the members of a conservation authority have significant training,
experience or employment history in an environmental or natural resource
field. The Bill also requires that all existing appointments be
terminated and allows those members whose appointments are terminated in
this manner to be reappointed if they meet the new qualifications.
Conservation Authorities Act
Members of authority
14.
(1) Members of an authority shall be appointed by the respective
councils of the participating municipalities in the numbers prescribed
by subsection 2 (2)[1] for the appointment of representatives, and each
member shall hold office until the first meeting of the authority after
the term for which he or she was appointed has expired. R.S.O. 1990, c.
C.27, s. 14 (1).
Changes in number of members
(2)
The total number of members of the authority and the number of members
that each participating municipality may appoint shall be adjusted as
required to ensure compliance with subsection (1) if the municipalities
that are participating municipalities change or the population of a
participating municipality changes. 2001, c. 9, Sched. K, s. 1 (6).
Agreement on number of members
(2.1)
Despite subsections (1), (2) and (5), the total number of members of
the authority and the number of members that each participating
municipality may appoint may be determined by an agreement that is
confirmed by resolutions passed by the councils of all of the
participating municipalities. 2001, c. 9, Sched. K, s. 1 (6).
Qualification
(3)
Every member of an authority shall be resident in a participating
municipality in which the authority has jurisdiction. R.S.O. 1990, c.
C.27, s. 14 (3).
2016-2017 AMENDMENT
Same
(3.1) At least half of the members of an authority shall have
significant training, experience or employment history in an
environmental or natural resource field.
Term
(4)
No member of an authority shall be appointed to hold office for more
than three years at any one time. R.S.O. 1990, c. C.27, s. 14 (4).
2016-2017 AMENDMENT
Termination of existing appointments
(4.1) Despite subsection (1), within six months after the
appointment requirement in subsection (3.1) comes into force, the
respective councils of the participating municipalities shall terminate
all existing appointments and make new appointments in accordance with
this section.
Eligibility for reappointment
(4.2) A member whose appointment is terminated in accordance with
subsection (4.1) is eligible for reappointment to fill the vacancy
created by the termination if they meet the qualifications in this
section.
Deemed to be continuously appointed
(4.3) For the purpose of the term limit in subsection (4), a member
whose appointment is terminated in accordance with subsection (4.1) and
who is reappointed to fill the vacancy created by the termination is
deemed to have been continuously appointed from the time the terminated
appointment began, minus the time between the termination and
reappointment.
Where part of municipality in authority’s area
(5)
Where part only of a municipality is situated in an area over which an
authority has jurisdiction, the number of members appointed for the
municipality shall be based on the population of that part only of the
municipality, and the population shall be deemed to be the same
proportion of the total population of the whole municipality as the area
of that part of the municipality is of the total area of the
municipality. R.S.O. 1990, c. C.27, s. 14 (5).
(6) Repealed: 1996, c. 1, Sched. M, s. 42.
I really wonder if the councilors understand swearing to their oath of office, what it mean and why it is done. Some history lessons seem to be in order here.
If Mark Barnfield had a permit to open a business, isn't this permission? Doesn't the NPCA work for the Cities? If there is an error here the NPCA should be taking the City of Welland to court for issuing a permit on so called protected land. Then there are the rights of the property owner as referred to on their deed or land transfer." Subject to reservations of the Crown Grant" Why is the NPCA ignoring the prerogative of the Crown? Just to let you know, the pecking order is Crown, Federal, Provincial and municipalities. It appears that there are serious problems here. How about the MNR, do they agree that this land is protected, I would like to see the answer to that simple question.