1998-043 To Authorize an Agreement for the purpose of delegating to the Health Unit certain responsibilites with respect to sewage systems (with a capacity of less than 10,000 litres per day)
~... ~ ~ ~ *
.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-43
Being a By-law to Authorize an Agreement for the purpose of
delegating to the Health Unit certain responsibilities with
respect to sewage systems (with a capacity of less than 10,000
litres per day) .
WHEREAS Section 32.1(2) of the Building Code Act, S.O., 1992,
c.23, as amended, provides that a municipality that is not a
party to an agreement under subsection (1) may enter into an
agreement with a board of health or a conservation authority
having jurisdiction in the municipality for the enforcement of
the provisions of the Act and the Building Code related to sewage
systems.
AND WHEREAS the Township of Oro-Medonte and the Board of Health
for the Simcoe County District Health Unit are desirous of
entering into an agreement;
NOW THEREFORE the Council for The Corporation of the Township of
Oro-Medonte hereby enacts as follows:
1. That the Township of Oro-Medonte enter into an agreement
with the Board of Health for the Simcoe County District
Health Unit, this agreement being attached to and forming
part of this by-law as Schedule "A".
2. That the Mayor and Clerk are hereby authorized to
execute the agreement on behalf of the Corporation.
3. That this By-law shall come into full force and
effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 1st DAY OF APRIL, 1998.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF
APRIL, 1998.
THE CORPORATION OF THE TOWNHSIP OF ORO-MEDONTE
I
[(,ILL /~)I IY./)
MAYOR, IAN BEARD
d /'
'z/ <<- /,
~~H~'L&'~ /: ~..ti'_L~
CLERK,' LYNDA AIKEN
--
.
.
SEWAGE SYSTEM MANAGEMENT AGREEMENT
This Agreement dated as of the /5 day of /).f/!!.'" [ /
BETWEEN:
BOARD OF HEALTH FOR THE SIMCOE COUNTY DISTRICT HEALTH UNIT
(hereinafter called the "Health Unit")
OF THE FIRST PART
,AND -
fOl':1I ?,,,eM ",t' 7" Hi'l ;7,;t.""-'f;,tkP
rt) I'iiiCX71AJ II$?
(hereinafter called the "Municipality")
THE TOWNSHIP OF ORO-MEDONTE
OF THE SECOND PART
WHEREAS this Agreement is being entered into pursuant to the Building Code Act
(hereinafter called the "Act"), for the purpose of delegating to the Health Unit certain responsibilities under
the Act and the Building Code, as they are from time to time amended, as set out herein with respect to
sewage systems (with a capacity of less than 10.000 litres per day);
NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the
parties hereto hereby agree as follows:
ARTICLE ONE
GENERAL
Section 1 01 ADDlication: This Agreement shall be applicable to all lands where no municipal sewers are
available in the Municipality (hereinafter called the "Lands"). .
Section 1.02 Duties: The Health Unit shall faithfully carry out its duties hereunder in accordance with the
Act and the Building Code in force from time to time, this Agreement and any other legislation
contemplated hereunder.
1
,'.' .
ARTICLE TWO
DEFINITIONS
Section 2.01 In This Agreement,
(i)
"Sewage System" means any works for the collection, transmission,
treatment and disposal of sewage or any part of such works to which the
Act applies with a capacity of less than 10.000 litres;
.
(Ii) "Inspector" means an inspector appointed under section 32.1 of the
Building Code ACf, 1992 as amended:
ARTICLE THREE
SERVICES OF THE HEALTH UNIT
Section 3.01 Services: The Health Unit shall provide the following services in relation to the Lands and
which services shall be provided in a timely manner.
(i) Must carry out an inspection of land which is planned to be divided by
severance, where no municipal sewage services are proposed. to ensure
that each lot will be suitable for the installation of a Sewage System.
(ii) Inspection of properties prior to the issuance of a permit for the
construction, installation, establishment, enlargement, extension or
alteration of a Sewage System.
(iii) Following the issuance of a permit, inspection and reinspection when
necessary, of Sewage System installations to ascertain compliance with
the permit and other requirements under the Act or Building Code.
Confirmation of installation shall be provided to the municipality.
(iv) Land inspections to determine the acceptability of applications for minor
variances or lot line adjustments. as they relate to existing and proposed
Sewage Systems and review of official plans and zoning by-laws and
amendments to ensure compliance with provisions of the Act and Building
Code relating to Sewage Systems.
(v) Issue permits under the Act and Building Code relating to Sewage
Systems (a "Permit"). A copy of all permits issued will be provided to the
municipality.
(vi) Receive and process applications and requests related to activities listed
in paragraphs (i) through (v) of this section.
(vii) Provide reports and comments on minor variances and severances
directly to the appropriate planning authority.
2
(viii) Review planning documents including, but not limited to, subdivision
proposals, draft official plans, and proposed amendments, to ensure
compliance with provisions of the Act and Building Code relating to
Sewage Systems. Comments and/or reports will be provided to the
municipality via the appropriate committees.
(ix)
.
(x)
(xi)
(xii)
(xiii)
Attend meetings of Municipal Council and their committees to discuss
matters relating to any provisions of the Act or Building Code relating to
Sewage Systems.
Maintain adequate records of all documents and other materials used in
performing the duties required under this Agreement.
Upon reasonable notice by the Municipality, provide reasonable access
to the Municipality of all records kept under subsection 3.01 (x).
Consult with various groups regarding compliance with provisions of the
Act and Building Code relating to Sewage Systems.
Respond to inquiries made by any person under the Freedom of
Information and Protection of Privacy Act and related Regulation, as
amended from time to time, or through any other legal channel.
(xiv) Investigate complaints and malfunctioning Sewage Systems, undertake
compliance counselling and preparation of reports for abatement action
as it relates to existing and proposed Sewage Systems.
(xv) Issue orders under the Act relating to Sewage Systems.
(xvi) Prepare documentation necessary for prosecution activities relating to
Sewage Systems under the Act and the Building Code. Administer
proceedings relating to Sewage Systems pursuant to the Provincial
Offenses Act, R.S.O. 1990. c. P.33.
(xvii) The Health Unit shall provide all forms necessary for the administration
of this Agreement.
(xviii) Any other matters related to the administration or enforcement of the Act
or Building Code relating to Sewage Systems.
(xvix) An annual report, on the anniversary date of the signing of the
agreement, will be provided to the municipality outlining all activities in
relation to the sewage system program.
3
'..
. ,
.
ARTICLE FOUR
FEES
Section 4.01 Collection of Fees: The Health Unit shall collect and retain all fees, as set out in Schedule
A, payable by any person for work performed by the Health Unit hereunder as compensation for its
services provided hereunder and all persons required to pay any such fee shall pay the fee to the Health
Unit.
Section 4.02 Amendment of Fee Schedule: The Board of Health shall have discretion, acting reasonably,
to amend the fees as set out in Schedule A from time to time. The amendment process will include
consultation and agreement in writing by both parties.
ARTICLE FIVE
INSPECTORS
Section 5.01 Qualifications: Only persons meeting the certification of Sewage System Inspectors
requirement under Section 2.11 Regulation 403/97 shall be employed as an Inspector for the purposes
of this Agreement.
Section 5.02 Aooolntment: The Board of Health shall be responsible for the appointment of all Inspectors
and shall issue a certificate of appointment bearing the signature of the Chairman of the Board of Health,
or a facsimile of it, to each Inspector appointed by the Health Unit.
ARTICLE SIX
LIABILITIES AND INSURANCE
Section 6.01 Liabilitv of the Health Unit: The Health Unit shall indemnify and save harmless the
Municipality from and against all claims. demands, losses, costs, damage, actions, suits or proceedings
by whomsoever made. brought or prosecuted in any manner based upon, arising out of, related to,
occasioned by or attributable to the activities of the Health Unit in executing the work under this
Agreement.
Section 6.02 Insurance: For the term of this Agreement, the Health Unit will, at its expense, maintain
liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any,
set out in Schedule B.
4
" , ,
.
ARTICLE SEVEN
TERM AND TERMINATION OF AGREEMENT
Section 7.01 Term: This Agreement shall continue in force for a period of two years commencing April
1, 1998 and ending March 31, 2000.
Section 7.02 Termination: This Agreement may be terminated prior to the end of the terms set out in
Section 7.01 upon written notice by either party. Notice to terminate must be received by the other party
180 days prior to the effective date.
Section 7.03 Renewal: This Agreement may be automatically renewed for further three year periods with
agreement by both parties.
Notice to terminate must be received 180 days prior to the effective date if renewal option is not pursued.
ARTICLE EIGHT
MISCELLANEOUS
Section 8.01 Preamble: The preamble hereto shall be deemed to form an integral part hereof.
Section 8.02 Gender, etc. Whenever the singular form is used in this Agreement and when required by
the context, the same shall include the plural, the plural shall include the singular and the masculine
gender shall include the feminine and neuter genders.
Section 8.03 Amendments: This Agreement shall not be changed, modified, terminated or discharged
in whole or in part except by instrument in writing signed by the parties hereto, or their respective
successors or permitted assigns, or otherwise as provided herein.
Section 8.04 Assiqnment: This Agreement shall not be assignable by either party hereto without the
written consent of the other party being first obtained.
5
.
'"~ 'r "
.
Section 8.05 Notices: Any notice, report or other communication required or permitted to be given
hereunder shail be in writing unless some other method of giving such notice. report or other
communication is expressly accepted by the party to whom it is given and shail be given by being
delivered or mailed to the following addresses of the parties respectively:
(a)
To the Heaith Unit:
Board of Health for the Simcoe County District Health Unit
15 Speriing Drive
Barrie, Ontario
L4M 6K9
Attention: Medical Officer of Health
(b) To the Municipaiity
The Township of Oro-Medonte
Box 100
Oro, Ontario, LOL 2XO
Attention
CLERK
Any notice, report or other written communication, if delivered, shail be deemed to have been given or
made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid,
shail be deemed to have been given or made on the third business day foilowing the date on which it was
mailed (unless at the time of mailing or within forty-eight hours thereof there shail be a strike, interruption
or lock-out in the Canadian postal service, in which case service shail be by way of delivery only). Either
party may at any time given notice in writing to the other party of the change of its address for the purpose
of this Section 8.03.
6
.
'. . f' ,.'
.
Section 8.06 Headinqs: The section headings hereof have been inserted for the convenience of
reference only and shall not be construed to affect the meaning, construction or effect of this Agreement.
Section 8.07 Governinq Law: The provisions of this Agreement shall be construed and interpreted in
accordance with the laws of the Province of Ontario as at the time in effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first written above.
BOARD OF HEALTH FOR THE
"MOO' COU~;N"
Chairm~
/.~,--5~.=- .... ::.::::"".>
Se<::retary
. MUNICIPALITY
,f
1-~..~.~
(Mayor)
1
I
'::-;' if
,13 ;>C!A~
>/ ,~
r<""7"iMC,^"",..t-,.,<>-
Clerk
1 !
lIL.~-lt'~
Updated March 26, 1998.
G:\DATA\!NSPECTlWP\WHA YESIPART8PRO\AGREEMEN,BDO
7
V'::I:f.VJJ "'0
HI:.lI l.O:':I:O r.'1A /V<) f-'l l'i~;)
~.~.li.l1.U. JJAKKIJ:.
141 001
, ." '~ '
.- .
~~I"-'5 1",1'1
~< ~'"
,> . '"
. .
\~ II ~)
l"YOIST1=LIG
SIMCOE COUNTY
DISTRICT HEALTH UNIT
Environmental Health Services
.
PART 8 PROGRAM
Under Building Code Act Respecting Sewage Systems
Fee Schedule
(Authority - B.CA Section 7)
April 6, 1998
.--.$
Sewage System Permit
(i) Daily sewage flow not exceeding 10,000 litres(class 4 & 5) ........ $350
Change of Use Permit
Application ... ....... ................... ................ ............ .............................. $100
Transfer of Permit
Application ... .............................................. ............................... ........ $100
Subdivision
Per Lot ............................................................................................ $100
Consent
Per Lot ........................................................................................... $100
File Search
Application ....................................................................................... $ 50