2013-215 Agreement with LSRCA, NVCA, SSEATHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -215
A By -law to Authorize the Execution of the Source Water Protection License
Agreement between The Corporation of the Township of Oro - Medonte, Lake
Simcoe Region Conservation Authority, Nottawasaga Valley Conservation
Authority and Severn Sound Environmental Association
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipal power, including a municipalitiy's capacity, rights, powers
and privileges under Section 9, shall be exercised by by -law unless the municipality
is specifically authorized to do otherwise.
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
grants municipalities the powers of a natural person for the purpose of exercising
its authority under this or any other Act.
WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council.
AND WHEREAS Council deems expedient to enter into a Source Water Protection
License Agreement between The Township of Oro - Medonte, Lake Simcoe Region
Conservation Authority, Nottawasaga Valley Conservation Authority and Severn
Sound Environmental Association.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor be authorized to execute the Source Water Protection
License Agreement between The Township of Oro - Medonte, Lake Simcoe
Region Conservation Authority, Nottawasaga Valley Conservation Authority
and Severn Sound Environmental Association, attached hereto as Schedule
"A" and forming part of this by -law;
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 27TH
DAY OF NOVEMBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
r, H.S/Iiug
k,7J. 13,64glas Irwin
Lake Simcoe
Region
Conservation
Authority Source Water Protection License Agreement
This Agreement dataed X day of _X 2093.
Between:
Township of Oro Medonte
and
Lake Simcoe Region Conservation Authority
and
Nottawasaga Valley Conservation Authority
and
Severn Sound Environmental Association
(The Municipality)
(LSRCA)
(NVCA)
(SSEA)
SECTION A. Data Requested
Detailed geographic information and supporting data contained within the ARDB (Assessment Report
Database) for the South Georgian Bay Lake Simcoe Source Protection Region required to fulifull requirements
of the Clean Water Act, 2006.
SECTION B: Initiative
The information request outlined in Section A is required for the purpose of preparation, amendment, updating
or reviewing of the terms of reference, assessment report, source protection plan, associated implementation,
and Provincial uses as outlined in Schedule 1 (of this agreement) per obligations of the Clean Water Act, 2006.
SECTION C. Disclaimer
The following disclaimer applies to the release of all information, digital or otherwise, by The Municipality. While efforts are made to
see that the supplied Data is accurate and up -to -date:
neither, The Municipality, nor any of the respective employees, officers, or servants shall be liable for any damages or suffer
any loss arising from any errors or inaccuracies in the information, or from any misuse, misinterpretation or misapplication
thereof, whether due to the negligence of such employees, officers, servants or otherwise; and
ii) the information is made available to LSRCA, NVCA and SSEA thereof solely on condition that LSRCA, NVCA and SSEA and
all LSRCA, NVCA and SSEA 's heirs, executors, administrators, successors and assigns shall assume full responsibility for
any risk associated with the use or misuse thereof and agree to indemnify and hold harmless The Municipality, and the
respective employees, officers and servants from any and all damages or losses whether arising directly or indirectly from the
release of digital data including all damages and losses of the type described in Clause (i).
SECTION D. Conditions
In consideration for the release of the information, LSRCA, NVCA and SSEA agrees:
The Municipality hereby grants to the LSRCA, NVCA and SSEA, for the sole purpose of satisfying its obligations pursuant to
the Clean Water Act, 2006, as amended, a non- terminable, perpetual, royalty-free, non - exclusive, worldwide licence to use,
distribute, sublicense, reproduce, manufacture, copy, create derivative products and otherwise deal with the Municipal
Output.
ii) Where appropriate The Municipality must be acknowledged as the source of data;
iii) LSRCA, NVCA and SSEA will endeavour to bring to the attention of The Municipality any errors detected in this data;
Conftc'ent,a( Page 1 of 3
Lake Simcoe
Region
Conservation
Authority Source Water Protection License Agreement
iv) the information described in Section A will be used exclusively for the purpose described in Section B and that any other use
will be subject to written permission of The Municipality;
V) LSRCA, NVCA and SSEA will not market or release, in any form, any information to third parties without the explicit written
permission of The Municipality and The Municipality hereby gives LSRCA, NVCA and SSEA explicit written permission to
share the information, as required, with the Ministry of the Environment in the Province of Ontario;
vi) LSRCA, NVCA and SSEA acknowledges and agrees that the collection, use and disclosure of the information provided by
The Municipality shall be governed by the provisions of the Municipal Freedom of Information and Protection Privacy Act,
R.S.O.c. M.56, as amended, including by not limited to s.10;
vii) the information, in all forms, and derived information, will remain the property of The Municipality;
viii) title to the information (including digital or paper), and any form, either in whole or in part and other intellectual properties
shall remain vested with The Municipality;
ix) in the event LSRCA, NVCA and SSEA undergoes a change in either ownership or organization, the authorization will
become null and void;
X) this agreement may be terminated by The Municipality by giving notice in writing in the event LSRCA, NVCA and SSEA is in
breach of any term contained herin.
I ACKNOWLEDGE AND AGREE TO THE ABOVE DISCLAIMER AND CONDITIONS:
MUNICIPA
By:
(Autho ze signing o er)
Name: V-�rwr ru S • vs�a. e
Position: Kati G'
Date: NcNsiw.�0 -ev a� a01�
LAKE S Zsiging NS VATION
AUTHO I
By:
(Authorize of
Name: 1-D, 0�
Position: C Pro
Date: q , oZ b l
NOTTAWASAGA VALLEY CONSERVATION
AUTHORITY /? / \' I
By: 7 _ l'
(Authorized igning offi r)
�II
Name: Wa U va 1 l SD
Position: C O o
Date: 0 -e c— t f
SEVERN SOUND ENVIRONMENTAL
ASSOCIATION
(Authorized signing officer)
Name: g &pw
Position: 1�k c L1r-1V-
Date:
Gonfidert;al Page 2 of 3
Lake Simcoe
Region
Conservation
Authority Source Water Protection License Agreement
SCHEDULE II
PURPOSES
• to provide and publish the Deliverables and/or Derivative Works internally within the Ontario
Public Service including but not limited to
• maps of vulnerable areas, web mapping and web feature services, and other
Derivative Works on the Ontario Public Service intranet
to provide and publish Derivative Works externally to the public to protect existing and future
sources of drinking water including but not limited to
• promoting and defending the source protection program by publishing Derivative
Works, including but not limited to maps of vulnerable areas, on public internet sites.
• publishing the Deliverables and/or Derivative Works on the Joint MOE Conservation
Ontario OPEN Portal,
• to enable the Ministry and/or Clients to make evidence based policy and program area
decisions and to meet obligations required of the Ministry and /or Clients to review prescribed
instruments as defined under section 2(1) of the Clean WaterAct, 2006 and further described
under section 1.0.'1(1) of Ontario Regulation 287147 made under the Clean Water Act, 2046.
• to meet obligations as described in policies approved by the Minister of the Environment in
source protection plans as defined in the Clean WaterAct, 2006.
• ensuring that owners and operating authorities of all drinking water systems in source
protection areas as defined under section 2(1) of the Clean WaterAct, 2006 in Ontario have
the information needed to be in compliance with the Clean WaterAct, 2006 and the Sale
Drinking WaterAct, 2002.
• to enable the Ministry and Clients to make evidence based decisions regarding:
o policy and any related program area planning and risk assessment initiatives.
• to meet obligations pursuant to the Canada - Ontario Agreement Respecting the Great (Lakes
Ecosystem as may be amended from time to time.
• to meet the principles and carry out the roles and responsibilities under the Low Water
Response Program as set out in a document titled "Ontario Low Water Response" dated
March 2010, as the same may be amended from time to time.
• to meet any obligations required of the Ministry and Clients to address concerns associated
with climate change initiatives.
C'.onfidenb?l Page 1 of 3