2002-015 To authorize the execution of records transfer agreement between the Township of Oro-Medonte and the Simcoe County District Health Unit regarding sewer systems.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-015
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A RECORDS TRANSFER
AGREEMENT BETWEEN THE TOWNSHIP OF ORO..MEDONTE AND THE SIMCOE
COUNTY DISTRICT HEALTH UNIT
WHEREAS the Municipal Act, R.S.O., 1990, c.MAS, Section 210, Paragraph 150, as
amended, allows the Council of a Municipality to pass a by-law to prohibit, regulate, and
inspect sewer systems;
AND WHEREAS the Ontario Building Code Act, S.O. 1992, c.23, Part 8, as amended,
designates that a municipality may conduct inspections of sewer systems directly;
AND WHEREAS the Simcoe County District Health Unit has, pursuant to Part VIII of
the Environmental Protection Act, up to December 31, 2001, conducted certain
inspections pursuant to Part 8 of the Ontario Building Code Act and has retained the
necessary records related to such inspections;
AND WHEREAS the Council of the Township of Oro-Medonte has elected, effective
January 1, 2002, to administer Part 8 of the Ontario Building Code Act and has further
elected to be responsible for the custody and control of all relevant records in respect to
sewage system inspections within the Township;
AND WHEREAS the Simcoe County District Health Unit is desirous of entering into an
agreement to transfer all relevant records to the Township of Oro-Medonte;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1.
THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and the Simcoe County District
Health Unit to transfer to the Township, for custody and control, all relevant
records currently held by the Health Unit related to inspections of sewage
systems under the authority of the Ontario Building Code Act, the Environmental
Protection Act and predecessor legislation; said agreement attached hereto as
Schedule 'A' and forming part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 6TH DAY OF FEBRUARY,
2002.
BY-LAW READ A THIRD AND FINAL TIME THIS 6TH DAY OF FEBRUARY,
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Be;td
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AGREEMENT MADE the 6th day of February, 2002
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The SIMCOE COUNTY DISTRICT HEALTH UNIT
(hereinafter referred to as "the Health Unit")
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AND
The CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as "the Township")
WHEREAS the Health Unit has, up to April 6th 1998, conducted certain inspections
pursuant to Part VIII ofthe Environmental Protection Act (hereinafter referred to as "the
Act") and thereafter, up to December 31,2001, conducted certain inspections pursuant to
Part 8 of the Ontario Building Code (hereinafter referred to as "the Code") and has
retained the necessary records related to such inspections;
AND WHEREAS effective January 1,2002, the Township has, pursuant to the Building
Code Act, elected to administer Part 8 of the Ontario Building Code directly;
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AND WHEREAS pursuant to article 12.1.2.4 of the Code the Health Unit is required to
keep all relevant records in respect to sewage systems in its possession or under its
control for a period of six years from April 6th 1998;
AND WHEREAS for the purpose of easy administration it is the desire of the Township
to have custody of the records held by the Health Unit;
AND WHEREAS the Health Unit and the Township are desirous of entering into this
agreement to set out their understanding governing the transfer of the records and the
responsibilities of both parties for their custody and control;
NOW THEREFORE the Health Unit and the Township agree as follows:
1. Upon execution of this agreement, the Health Unit shall transfer to the Township
for their custody and control all relevant records related to inspections of sewage
systems under the authority of the Code, the Act and predecessor legislation
currently held by the Health Unit.
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2.
Upon execution of this agreement, the Township agrees to assume all the duties
and responsibilities placed upon the Health Unit by article 12.1.2.4 of the Code,
as amended.
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3.
The Township shall respond to any requests for information contained in these
records. This notwithstanding, the Health Unit shall have unfettered access to any
and all these records as the need may arise, from time to time.
4.
The Township agrees that the transfer of these records, their storage and any
access to the records by the Township or by the Health Unit will be at no charge
to the Health Unit.
5.
The agreement shall be in effect until April ih, 2004. Thereafter, the records shall
become the property of the Township.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals
this 6th day of February, 2002.
SIGNED, SEALED AND DELIVERED
in the presence of
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Corporation of the Township ofOro-Medonte
per:
, Mayor
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T~-~il~~~k, Clerk