2014-042 Agreement Source Water ProtectionThe Corporation of the Township of Oro - Medonte
By -Law No. 2014 -042
A By -law to Authorize the Execution of the Source Water Protection License
Agreement between The Corporation of the Township of Oro - Medonte and
Lake Simcoe Region Conservation Authority
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.
And 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.
And 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 and Lake Simcoe
Region Conservation Authority.
Now Therefore the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the Mayor be authorized to execute the Source Water Protection
License Agreement between The Township of Oro - Medonte and Lake
Simcoe Region Conservation Authority, 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 26th day of
March, 2014.
The Corporation of the Township of Oro - Medonte
Schedule . A to By-iaw No. �(' �t`� vy
SOURCEDRINKROTECTION o��'�"`'° �etnso�
Lake Simcoe Region _ a
conservation authority
ACT FOR CLEAN WATER
South Georgian Bay Lake Simcoe Source Protection Region
Source Water Protection License Agreement
This Agreement dated this day of klft,,,2016.
Between:
Lake Simcoe Region Conservation Authority (LSRCA)
(acting as the lead Source Protection Authority in the
South Georgian Bay Lake Simcoe Source Protection Region)
and
Corporation of the Township of Oro-Medonte (The Municipality)
SECTION A: Data Requested
Detailed geographic information and supporting data contained within the Assessment Report Database (ARDB) for the
South Georgian Bay Lake Simcoe Source Protection Region, required by The Municipality to fulfill requirements of the
Clean Water Act, 2006. The type of geographic information and supporting data within the ARDB, that may include data
originating from The Municipality, is summarized in Schedule 1 (of this agreement).
SECTION B: Initiative
The information request outlined in Section A is required for the purpose of implementing the source protection plan(s) per
municipal obligations under the Clean Water Act, 2006 and other uses as outlined in Schedule 2 (of this agreement).
SECTION C: Disclaimer
The following disclaimer applies to the release of all information, digital or otherwise, by LSRCA. While efforts are made to
see that the supplied data is accurate and up-to-date:
Neither, LSRCA, nor any of its 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 The Municipality solely on condition that The Muncicipality and all The
Muncipality'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 LSRCA, 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, The Municipality agrees:
LSRCA hereby grants to The Municipality, 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
LSRCA Output (subject to limitations as per subsection iv below);
ii) Where appropriate, LSRCA must be acknowledged as the source of data;
iii) The Municipality will endeavour to bring to the attention of LSRCA any errors detected in this data;
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 LSRCA;
V) The Municipality will not market or release, in any form, any information to third parties without the explicit written
permission of LSRCA.
Source Water Protection License Agreement Page 1 of 4
DRINKING WATER Laken=e _''''"`""e`ns
SOURCE PROTECTION conservation authority
ACT FOR CLEAN WATER °N
South Georgian Bay Lake Simcoe Source Protection Region
vi) The Municipality acknowledges and agrees that the collection, use and disclosure of the information provided by
LSRCA 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) Where appropriate, the information, in all forms, and derived information, will remain the property of LSRCA;
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 LSRCA;
ix) In the event The Municipality undergoes a change in either ownership or organization, the authorization will
become null and void;
X) This agreement may be terminated by LSRCA by giving 60 days notice in writing in the event The Municipality is
in breach of any term contained herein. The agreement may be terminated by either LSRCA or The Municipality
by giving 60 days' notic in the event The Municipality is in breach of any term(s) contained herein. LSRCA, after
providing written notice, shall have the right to terminate this agreement, if The Municipality is unable to address
to the satisfaction of LSRCA the identified breach(s).
I ACKNOWLEDGE AND AGREE TO THE ABOVE DISCLAIMER AND CONDITIONS:
Corporation of the Township of Oro-Medonte
By:
v '-�V (Authorized signing officer)
Name: \A "s . {-1uc,'V" S
Position:
Date: QL , Uk. c.
LAKE SIMCOE REGION CONSERVATION AUTHORITY
By: -
(Authorized signing officer)
Name: ii�iC.��np LJO-R r -
Position: CkleE A -Li Ityl15�-FrA 1f' op ltd
Date: T' -
Source Water Protection License Agreement Page 2 of 4
DRINKING WATER �."'s"`'` e`n So%
1 Lake Simcoe R ion = �: sy
4M I
SOURCE PROTECTION I conservation authority
ACT FOR CLEAN WATER �
South Georgian Bay Lake Simcoe Source Protection Region
SCHEDULE 1:
CONTENTS OF ASSESSMENT REPORT DATABASE AND POLICY DATABASE
ActivitySiteArea
ActivitySite Point
Condition
FarmUnits
GUDI_Feature
ImperviousSurfaceArea
Intake_IPZ_CrossTab
IntrinsicVulnerability_Regional
Issue
Issue_Condition_Cross
IssueActivity
IssueContributingArea
ManagedLandsLivestockDensity
SurfaceWaterintake
SurfaceWaterintakeProtectionArea
SurfaceWaterintakeProtectionZone
ThreatAssessment
TransportPathway
VSA_G U D I
VSA -GW
VSA—SW
WaterSystem
WaterTreatmentPlant
Well
Wel Ihead ProtectionArea
Wel Ihead ProtectionAreaZone
WHPA_GUDI
W H PA_We I I_CrossTa b
HVA
SG RA
SGBLS Threat Data
Source Water Protection License Agreement Page 3 of 4
KINKING WATER o�'""` �e`nSo
Lake Simone Region = ��
SOURCE PROTECTION conservation authorityq,.
ACT FOR CLEAN WATER °1a
South Georgian Bay Lake Simcoe Source Protection Region
SCHEDULE 2:
PURPOSES
• to provide and publish the Derivative Works externally to the public to protect existing and future
sources of drinking water including but not limited to:
o promoting and defending the source protection program by publishing Derivative Works,
including but not limited to maps of vulnerable areas, on public internet sites.
• to meet obligations as described in policies approved by the Minister of the Environment in source
protection plans as defined in the Clean Water Act, 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 Water Act, 2006 in Ontario have the information
needed to be in compliance with the Clean Water Act, 2006 and the Safe Drinking Water Act, 2002.
• to enable the municipalities 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 form 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 to address concerns associated with climate change initiatives.
Source Water Protection License Agreement Page 4 of 4