Loading...
2015-112 Agreement, Severn Sound Environmental - Enforce Source Protection PlanThe Corporation of the Township of Oro-Medonte By-law No. 2015-112 A By-law to Enter into an Agreement between the Township of Oro-Medonte and the Severn Sound Environmental Association for the Enforcement of the Source Protection Plan Part IV Whereas this Agreement is being entered into pursuant to the Clean Water Act, 2006 S.O. 2006, Chapter 22 (the "Act") for the purpose of appointing the Severn Sound Environmental Association (SSEA) as agents of the Municipality with respect to the enforcement and jurisdictional rights under Part IV of the Act as part of the implementation of the South Georgian Bay Lake Simcoe Region Source Protection Plan; And Whereas the SSEA is the Source Protection Authority for purposes of the Act and of this Agreement; And Whereas the municipality is located within the South Georgian Bay Lake Simcoe Source protection Region as set out in Ontario Regulation 284/07; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township enter into the Source Protection Plan Part IV Enforcement Transfer Agreement with the Severn Sound Environmental Association attached hereto as Schedule "A" and forming part of this By-law. 2. That the Mayor and Clerk be authorized to execute the Source Protection Plan Part IV Enforcement Transfer Agreement between the Severn Sound Environmental Association and the Corporation of the Township of Oro-Medonte; and 3. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 25th day of June, 2015. The Corporation of the Township of Oro-Medonte Hda- hes las Irwin Schedule "A" to By-law No. 2015-112 for The Corporation of the Township of Oro-Medonte SOURCE PROTECTION PLAN PART IV ENFORCEMENT TRANSFER AGREEMENT THIS AGREEMENT made effective the 25th day of June, 2015. BETWEEN: The Corporation of the Township of Oro-Medonte (hereinafter called "the Municipality") OF THE FIRST PART - and - Severn Sound Environmental Association (hereinafter called "the SSEA") OF THE SECOND PART PREAMBLE: WHEREAS this Agreement is being entered into pursuant to the Clean Water Act, 2006 (hereinafter called the "Act') for the purpose of appointing the SSEA as agents of the Municipality with respect to the enforcement and jurisdictional rights under Part IV of the Act as part of implementation of the South Georgian Bay Lake Simcoe Region Source Protection Plan. And Whereas the SSEA is the Source Protection Authority for purposes of the Act and of this Agreement; And Whereas the Municipality is located within the South Georgian Bay Lake Simcoe Source Protection Region as set out in Ontario Regulation 284/07. IN CONSIDERATION of the mutual covenants herein contained, the parties hereby agree as follows: ARTICLE ONE GENERAL Section 1.01: Source Protection Authorities Under section of the Act, the SSEA serves as the Source Protection Authority for the Municipality. Section 1.02: Part IV Requirements under the Act The Act, provides that municipalities are responsible for Part IV enforcement of Source Protection Plans. The Act further provides that a municipality may enter into an agreement for the enforcement of Part IV by a board of health, a planning board, or a Source Protection Authority. The Municipality hereby appoints the SSEA as the agents of the Municipality to carry out enforcement under Part IV of the Act within the Municipality. Section 1.03: Application This Agreement shall be applicable to all lands located in the Municipality that are subject to Part IV of the Act. The SSEA hereby accept the appointment and agrees to act as Agent of the Municipality for the duties and enforcement responsibilities of Part IV of the Act for the lands located within the Municipality. Section 1.04: Duties The SSEA shall faithfully carry out their duties under Part IV of the Act hereunder on a fee for service basis in accordance with the Act, the South Georgian Bay Lake Simcoe Region Source Protection Plan (as amended from time to time), this Agreement, and any other applicable legislation. ARTICLE TWO DEFINITIONS Section 2.01: Definitions Unless otherwise expressly provided in this Agreement, the words, phrases and expressions in this Agreement shall have the meanings attributed to them as follows: In this Agreement: a) "AcF means the Ontario Clean Water Act, 2006, as amended; b) "Agreement" means this document; c) "parties" means the SSEA and the Municipality; d) "the Regulation" means Clean Water Act Regulation 287/07 e) "Risk Management Inspector" means a Risk Management Inspector appointed under Part IV of the Act, f) "Risk Management Official' means the Risk Management Official appointed under Part IV of the Act, g) "Source Protection Authority" means the SSEA or other person or body that, under subsection 4 (2) or section 5 of the Act, is required to exercise and perform the powers and duties of a drinking water Source Protection SSEA under the Act, h) "Source Protection Plan" means a drinking water source protection plan prepared under the Act. ARTICLE THREE RESPONSIBILITIES Section 3.01: Responsibilities of the SSEA The SSEA is responsible for all the powers and duties of an enforcement body under Part IV of the Act. The duties and powers include but are not limited to those listed in this Section. The SSEA shall: (i) Appoint such Risk Management Officials and Risk Management Inspectors as are necessary for the enforcement of Part IV of the Act. (ii) Provide mapping to the Municipality and establish protocols in consultation with the Municipality to ensure Part IV requirements are incorporated into the review of applications under the Planning Act and Building Code Act. (iii) Review applications under the Planning Act and Building Code Act as deemed necessary under the protocols referred to in (ii) and issue notices with respect to Restricted Land Use policies prior to those applications proceeding. (iv) Negotiate or, if negotiations fail, establish risk management plans with persons (business owners, landowners, tenants, and others) engaged or proposing to engage in an activity and at a location subject to the Act. (v) Review and accept risk assessments under the Act. (vi) Conduct inspections and use powers of entry on properties where reasonable and obtain inspection warrants from a court where required. (vii) Issue orders and notices, prosecute any offences under Part IV of the Act and exercise any other powers set out under Part IV of the Actto ensure compliance with the Part IV policies in the South Georgian Bay Lake Simcoe Region Source Protection Plan. (viii) Maintain records in accordance with the Act and make records available to the public when required to do so and to the Municipality upon request. (ix) Prepare documentation and make provisions for staff to attend Environmental Review Tribunal Hearings. (x) Report annually on activities as required under the Act and provide a copy of the annual report to the Municipality. Section 3.02: Responsibilities of the Municipality The Municipality shall adhere to agreed upon protocols (including circulating certain applications to the Risk Management Official) to ensure Part IV requirements are incorporated into the review of: (i) building permit applications; (ii) applications under provisions of the Planning Act that are prescribed in section 62 of the Regulation; and (iii) generally cooperate with and assist the Authorities with the protection of safe drinking water. Section 3.03: Information and Data Sharing To facilitate implementation of this Agreement: (i) The Municipality shall provide information and data required by the SSEA to carry out their powers and duties under Part IV of the Act. (ii) The SSEA shall provide records related to their powers and duties under Part IV of the Act to the Municipality, upon request. In the event of termination of this Agreement, records will be transferred to the Municipality. ARTICLE FOUR COSTS Section 4.01: Responsibility for Cost of Service Delivery The Municipality is responsible for the costs of the enforcement of Part IV of the Act. Section 4.02: Collection of Fees The [municipality] will collect and retain all user fees payable by any person for work performed by the Authorities under this Agreement. The fees will be for the purpose of cost recovery and, in accordance with sub -section 55 (2) of the Act, the fees will not exceed the anticipated reasonable costs of the enforcement of Part IV of the Act. Section 4.03: Recovery of Extraordinary Costs The SSEA in consultation with the Municipality prior to any expenditure for an extraordinary cost, will recover from the Municipality extraordinary costs incurred as a result of legal actions initiated against the SSEA associated with executing its duties and powers under this Agreement and for costs associated with non -routine work including but not limited to enforcement orders, warrants and Environmental Review Tribunal Hearings. ARTICLE FIVE OFFICIALS AND INSPECTORS Section 5.01: Appointment The Municipality will appoint such Risk Management Officials and Risk Management Inspectors as are necessary pursuant to subsection 48 (2) of the Act and shall issue a certificate of appointment to the Risk Management Officials and Risk Management Inspectors as per subsection 48 (3) of the Act. Section 5.02: Qualifications The Risk Management Officials and Risk Management Inspectors will be qualified as prescribed by the Regulation. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01: Insurance The SSEA shall provide and maintain Commercial/Comprehensive General Liability insurance subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, \ The SSEA and its partners shall provide and maintain automobile Liability insurance subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. The SSEA shall provide and maintain Errors and Omissions insurance subject to limits of not less than an annual aggregate of Two Million Dollars ($2,000,000.00). Such insurance shall provide coverage for all errors and omissions made by the SSEA, their Officials, directors and employees in regard to the obligations of the SSEA under this Agreement. Such insurance shall be kept in force for the two years following termination of this Agreement. Such insurance shall be in the name of the SSEA. The SSEA shall annually provide the Municipality with Certificate(s) of Insurance confirming that the said insurance policies are in good standing. Section 6.02: Workplace Safety and Insurance Board (WSIB) The SSEA will provide upon request, verification of WSIB coverage as applicable. Section 6.03 Save Harmless and Indemnify The Municipality agrees to save harmless and indemnify the SSEA, and their employees, agents, directors and Officials (collectively, the `indemnified parties') from and against any losses, damages or expenses of every nature and kind whatsoever which the indemnified parties, or any of them, might suffer or incur in connection with or arising out of: this Agreement; any enforcement duties or responsibilities; or otherwise in connection with the Actor any regulations thereunder. ARTICLE SEVEN TERM, RENEWAL, TERMINATION AND AMENDMENT OF AGREEMENT Section 7.01: Initial Term This Agreement shall continue in force for a period of 3 years, commencing on the 27th day of May, 2015 and ending the 31 st day of May, 2018. Section 7.02: Deemed Renewal This Agreement will automatically continue following the expiry of the term set out in Section 7.01 until it is: a. Superseded or replaced by a subsequent agreement; or b. Terminated in its entirety by either party by giving 90 days written notice. Section 7.03: Termination The Agreement, including any renewal period, may be terminated by either party with a minimum of 90 days written notice. Section 7.04: Amendment This Agreement may be amended by mutual agreement from time to time to reflect changes in programs, funding and personnel in both parties, or changes in provincial policy. ARTICLE EIGHT MISCELLANEOUS Section 8.01: Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02: Instrument in Writing 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 8.03: Assignment This Agreement shall not be assignable by either party. Section 8.04: Force Majeure Any delay or failure of either party to perform its obligations under this Agreement shall be excused and this Agreement is suspended if, and to the extent that, a delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, fires, floods, wind storms, riots, labour problems (including lock -outs, strikes and slow -downs) or court injunction or order. Section 8.05: Notices Any notice, report or other communication required or permitted to be given hereunder shall 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 shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the SSEA: Severn Sound Environmental Association 67 Fourth Street, Midland, ON L4R 3S9 Attention: Executive Director (b) To the Municipality: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2E0 Attention: Clerk Any notice, report or other written communication, if delivered, shall 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, shall be deemed to have been given or made on the third business day following the day on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock -out in the Canadian postal service in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this Agreement. Section 8.06: Headings 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: Governing 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. (7, IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above. SEVERN SOUND ENVIRONMENTAL ASSOCIATION per�gj;:�- Chair Da Executive Director Date THE CORPORATION OF THE TOWNSHIP OF ORO- MEDO T H u, Pa o Date J. u las in, Clerk Date