[39] Bill 72 Royal Assent (PDF)
Bill 72 2010
An Act to enact the Water Opportunities Act, 2010 and to amend other Acts in respect of water conservation and other matters
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Preamble
Water sustains life. Wise stewardship and conservation of water, for both the present generation and for future generations, are of great importance to all Ontarians. The name of Ontario has its roots in the words of a number of aboriginal languages that describe a "beautiful lake".
Ontario has already shown leadership by banning bulk transfers of water out of Ontario's water basins and in safeguarding public water supplies from source to tap. A new way of thinking about conserving our water resources is needed in Ontario, one that builds on the critical linkages between economic prosperity and long-term environmental sustainability.
The creation of a new organization for water excellence will be a catalyst for the development and sale of innovative water technologies and services for domestic and international markets. Through this initiative and a strengthened focus on water conservation, Ontario has the opportunity to become a North American leader in driving innovation and creating new economic opportunities in the water and wastewater sectors.
All sectors of Ontario have a role to play in creating this opportunity. Individuals can change their behaviour by using less water and can choose water conserving technologies when they consider the purchase of new appliances and products. Industry, governments and academia can work together to develop innovative water solutions. Municipalities are responsible for providing municipal water, wastewater and stormwater services and can benefit from the use of innovative technologies, services and practices.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of Act
1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Schedules
(2) The Schedules to this Act come into force as provided in each Schedule.
Different dates for same Schedule
(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.
Short title
3. The short title of this Act is the Water Opportunities and Water Conservation Act, 2010.
Schedule 1
waTer Opportunities act, 2010
CONTENTS
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PART I |
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1. 2. |
Purposes Targets |
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PART II |
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3. |
Definitions |
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4. |
Corporation established |
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5. |
Objects |
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6. |
Members |
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7. |
Board of directors |
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8. |
By-laws |
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9. |
Powers |
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10. |
Business planning |
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11. |
Employees and other assistance |
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12. |
Directives of the Minister |
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13. |
Application of the Corporations Act, Corporations Information Act |
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14. |
No personal liability |
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15. |
Not Crown agents |
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16. |
No Crown liability |
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17. |
Fiscal year |
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18. |
Audit |
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19. |
Annual report |
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20. |
Other reports |
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21. |
Winding up the Corporation |
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22. |
Grants |
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23. |
Regulations |
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PART III |
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24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. |
Definitions Municipal water sustainability plan Requirements for plan Joint plans Performance indicators Performance targets Review and evaluation of performance Failure to achieve a target Legislation Act, 2006 Delegation of authority Forms Regulations |
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PART IV |
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36. 37. 38. 39. 40. |
Definitions Water conservation plans Joint plans, public agencies Duty to consider water Regulations |
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PART V |
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41. |
Municipal water bills |
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PART VI |
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42. |
Triennial reports |
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PART VII |
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43. 44. |
Regulations Amendments to adopted documents |
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PART VIII |
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45. |
Bill 65 - Not-for-Profit Corporations Act, 2010 |
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PART IX |
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46. 47. |
Commencement Short title |
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part i
purposes and targets
Purposes
1. (1) The purposes of this Act are,
(a) to foster innovative water, wastewater and stormwater technologies, services and practices in the private and public sectors;
(b) to create opportunities for economic development and clean-technology jobs in Ontario; and
(c) to conserve and sustain water resources for present and future generations.
Same
(2) For greater certainty, the purposes of this Act do not include the privatization of publicly owned water, wastewater and stormwater services.
Targets
2. (1) The Minister of the Environment may, to further the purposes of this Act, establish aspirational targets in respect of the conservation of water and any other matter the Minister considers advisable.
Publication
(2) The Minister shall publish targets established under this section on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993, together with a summary of the information the Minister relied on to establish each target.
Other targets
(3) The authority to establish targets under this section is in addition to any other authority to establish targets under this Act.
part ii
water technology acceleration PROJECT
Definitions
3. In this Part,
"board" means the board of directors of the Corporation; ("conseil d'administration")
"Corporation" means the corporation established in section 4; ("société")
"Minister" means the Minister of Research and Innovation or any other member of the Executive Council to whom responsibility for the administration of this Part is assigned or transferred under the Executive Council Act; ("ministre")
"regulations" means the regulations made under this Part; ("règlements")
"wastewater" includes stormwater. ("eaux usées")
Corporation established
4. A corporation without share capital is hereby established under the name the Water Technology Acceleration Project in English and Projet de développement accéléré des technologies de l'eau in French.
Objects
5. The objects of the Corporation are,
(a) to assist in promoting the development of Ontario's water and wastewater sectors;
(b) to assist Ontario's water and wastewater sectors by increasing their capacity to,
(i) develop, test, demonstrate and commercialize innovative technologies and services for the treatment and management of water and wastewater, and
(ii) expand their business opportunities nationally and internationally;
(c) to provide a forum for governments, the private sector and academic institutions to exchange information and ideas on how to make Ontario a leading jurisdiction in the development and commercialization of innovative technologies and services for the treatment and management of water and wastewater;
(d) to encourage collaboration and co-operation in Ontario's water and wastewater sectors;
(e) if requested by the Minister, assist in the development of certification, labelling and verification programs for water and wastewater technologies and services;
(f) to provide the Minister with advice on what actions the Government of Ontario should take to assist in fostering the development of Ontario's water and wastewater sectors; and
(g) to carry out the other objects that may be prescribed by the regulations.
Members
6. The members of the Corporation shall consist of the members of its board of directors.
Board of directors
7. The Corporation shall have a board of directors that shall manage or supervise the management of the affairs of the Corporation.
By-laws
8. The board may make by-laws governing the management of the Corporation and the conduct and administration of the Corporation's affairs.
Powers
9. The Corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Part or prescribed by the regulations.
Business planning
10. (1) At least 90 days before the beginning of each fiscal year, the board shall adopt a business plan for the fiscal year.
Contents
(2) The business plan must include the following information:
1. A description of the major activities and the objectives of the Corporation for the year and for following years.
2. A description of the policies and strategies of the Corporation to achieve those objectives.
3. A description of the budget of the Corporation for achieving those objectives.
4. Such other information as may be required by the Minister.
Employees and other assistance
11. (1) The Corporation may enter into agreements with any Minister of a Ministry or the head of any Crown agency to have employees of the Crown employed in that Ministry or employees of that Crown agency, as the case may be, provide services to the Corporation.
Professional assistance
(2) The Corporation may,
(a) engage persons, other than those mentioned in subsection (1), to provide professional, technical or other assistance to or on behalf of the Corporation; and
(b) establish the terms of engagement and provide for the payment of the remuneration and expenses of the persons engaged under clause (a).
Directives of the Minister
12. (1) The Minister may issue directives in writing to the Corporation on matters relating to the exercise of its powers or duties.
Implementation
(2) The board shall ensure that the directives issued to the Corporation are implemented promptly and efficiently.
Organization of conferences and programs
(3) Without limiting the generality of subsection (1), the Minister may direct the Corporation to assist ministries of the Government of Ontario or Crown agencies in organizing conferences and other programs relating to Ontario's water and wastewater sectors.
Application of the Corporations Act, Corporations Information Act
13. The Corporations Act and the Corporations Information Act do not apply to the Corporation, except as prescribed by the regulations.
No personal liability
14. (1) No action or other proceeding shall be instituted against a member of the board or an officer, employee or agent of the Corporation for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Part or the regulations, the by-laws of the Corporation or under a directive issued under section 12 or for any alleged omission in the execution in good faith of that duty or power.
Liability of the Corporation
(2) Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection.
Not Crown agents
15. The Corporation and its members, officers, employees and agents are not agents of the Crown in Right of Ontario and shall not hold themselves out as agents of the Crown.
No Crown liability
16. No action or other proceeding shall be instituted against the Minister, the Crown in Right of Ontario, or any employee of the Crown for any act or omission of the Corporation or a member, officer, employee or agent of the Corporation.
Fiscal year
17. The Corporation's fiscal year commences April 1 in each year and ends on March 31 in the following year.
Audit
18. The board shall appoint one or more licensed public accountants to audit the accounts and financial transactions of the Corporation for each fiscal year.
Annual report
19. (1) The board shall submit an annual report on its affairs to the Minister and make it available to the public within 90 days after the end of each fiscal year.
Contents
(2) The report shall include,
(a) the audited financial statements of the Corporation;
(b) a description of the Corporation's activities and achievements during the fiscal year; and
(c) any other information that the Minister directs to be included in the annual report.
Recommendations to the Minister
(3) The board shall, in every third year, make such recommendations to change this Part and the regulations as it considers advisable, including changes to the objects of the Corporation under section 5.
Other reports
20. The Corporation shall promptly prepare and submit to the Minister any other report that the Minister requires.
Winding up the Corporation
21. (1) The Lieutenant Governor in Council may by order require the board to wind up the affairs of the Corporation.
Preparation of plan
(2) If the Lieutenant Governor in Council makes an order under subsection (1), the board shall prepare a proposed plan for winding up the Corporation and transferring its assets, liabilities, rights and obligations and shall give the proposed plan to the Lieutenant Governor in Council for approval.
Restriction
(3) The plan for winding up the Corporation may provide for,
(a) liquidating assets and transferring the proceeds to the Consolidated Revenue Fund or to an agency of the Crown; and
(b) transferring assets, liabilities, rights and obligations to the Crown in right of Ontario or to an agency of the Crown.
Implementation
(4) If the Lieutenant Governor in Council approves the proposed plan, the board shall wind up the affairs of the Corporation and transfer its assets, liabilities, rights and obligations, including transferring the proceeds from the liquidation of assets, in accordance with the plan.
Notice
(5) The board shall notify the Minister in writing when it has finished complying with subsection (4).
Dissolution
(6) After the Minister receives the notice under subsection (5), the Lieutenant Governor in Council may by order dissolve the Corporation.
Grants
22. The Minister may provide grants to the Corporation for the purpose of defraying its operating costs, on such conditions as the Minister considers advisable, out of money appropriated for that purpose by the Legislature.
Regulations
23. The Lieutenant Governor in Council may make regulations,
(a) governing the composition of the board, the appointment or election of board members, the remuneration of and reimbursement of expenses of board members, and the quorum of the board;
(b) prescribing provisions of the Corporations Act and the Corporations Information Act that apply to the Corporation, and prescribing any modifications, if necessary;
(c) prescribing provisions of the Business Corporations Act that apply to the Corporation or to the members of the board, and prescribing any modifications, if necessary;
(d) prescribing anything that this Part refers to as prescribed by the regulations.
Part III
Municipal water sustainability plans and Performance Indicators and Targets
Definitions
24. In this Part,
"Minister" means the Minister of the Environment or any other member of the Executive Council to whom responsibility for the administration of this Part is assigned or transferred under the Executive Council Act; ("ministre")
"municipal service" means, subject to the regulations, municipal water services, municipal wastewater services or municipal stormwater services; ("service municipal")
"municipal service provider" means a municipality, person or entity having jurisdiction over one or more municipal services; ("fournisseur de services municipaux")
"plan" means a municipal water sustainability plan required under section 25; ("plan")
"prescribed" means prescribed by the regulations; ("prescrit")
"regulations" means the regulations made under this Part. ("règlements")
Municipal water sustainability plan
25. (1) On becoming a regulated entity under the regulations, a municipal service provider shall, in accordance with such requirements as may be prescribed, prepare, approve and submit to the Minister a municipal water sustainability plan for all municipal services,
(a) that are under the municipal service provider's jurisdiction; and
(b) to which, under the regulations, the regulated entity's initial plan is to apply.
Amendments to plans
(2) A regulated entity shall, in accordance with such requirements as may be prescribed, amend its plan if the regulations subsequently require the regulated entity's plan to include,
(a) a municipal service under its jurisdiction that was not previously required to be included in its plan; or
(b) new or different information.
Approval and submission of amended plans
(3) A regulated entity shall, in accordance with such requirements as may be prescribed, approve amendments to its plan and, in such circumstances as may be prescribed, submit its amended plan to the Minister.
Amendments to achieve targets
(4) The Minister may, by direction, require a regulated entity to amend its plan in such manner and at such time as the Minister may direct in order to assist the regulated entity to achieve performance targets established by the Minister under section 29.
Review of plans
(5) A regulated entity shall ensure that such review of its plan as may be required by the regulations is undertaken and completed in accordance with such requirements as may be prescribed and that the report of the review is approved and submitted to the Minister in accordance with such requirements as may be prescribed.
Approval by municipality
(6) In such circumstances as may be prescribed, if a regulated entity that has jurisdiction over a municipal service is not a municipality, a plan, amendment to a plan or proposed report of a required review of a plan that relates to the municipal service shall not be submitted to the Minister without the approval of the municipality in which the municipal service is provided.
Requirements for plan
26. (1) A plan must satisfy the requirements prescribed by the regulations.
Contents of plan
(2) Without limiting the generality of subsection (1), the regulations may require a plan to include any of the following matters, prepared in accordance with such requirements as may be prescribed, with respect to each municipal service to which the plan applies:
1. An asset management plan for the physical infrastructure.
2. A financial plan.
3. If the municipal service is a municipal water service, a water conservation plan.
4. An assessment of risks that may interfere with the future delivery of the municipal service, including, if required by the regulations, the risks posed by climate change and a plan to deal with those risks.
5. Strategies for maintaining and improving the municipal service, including strategies to,
i. ensure the municipal service can satisfy future demand,
ii. consider technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources, and
iii. increase co-operation with other municipal service providers.
6. Such other information or things as may be prescribed relating to the municipal service.
May include additional information
(3) A regulated entity may include in a plan such additional information or things as it considers advisable.
Requirement to assist
(4) When, for the purpose of preparing, amending or reviewing a plan, a regulated entity requires information from a municipality, person or entity relating to a municipal service, the municipality, person or entity shall co-operate with the regulated entity and, on request, shall,
(a) provide the regulated entity with a copy of any record or other document in its possession or under its control that relates to matters to be considered in the preparation, amendment or review of the plan; and
(b) assist the regulated entity in obtaining such other information and things as the regulated entity may require to prepare, amend or review the plan.
Joint plans
27. (1) Two or more regulated entities may prepare a joint plan or a joint part of their plans and, if directed to do so by the Minister, shall prepare a joint plan or joint part of their plans.
Deemed to be plan of each regulated entity
(2) If two or more regulated entities prepare a joint plan, or a joint part of a plan, that satisfies the requirements of section 26, the joint plan or joint part of the plan is deemed to be the plan or a part of the plan, as applicable, of each of them.
Amendments
(3) Unless otherwise directed by the Minister, any amendments to a joint plan or joint part of a plan must be made by the regulated entities that originally prepared the joint plan or part or by their successors.
Review of joint plans
(4) Unless otherwise directed by the Minister, any review of a joint plan or a joint part of a plan must be undertaken by the regulated entities that originally prepared the joint plan or part or by their successors.
Performance indicators
28. (1) The Minister may, by direction, establish performance indicators for any type of municipal service.
Same
(2) Performance indicators established under subsection (1),
(a) may relate to the financing, operation or maintenance of a municipal service or to any other matter in respect of which information may be required to be included in a plan; and
(b) may be different for different municipal service providers or for municipal services in different areas of the Province.
Publication
(3) The Minister shall publish performance indicators established under this section on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993, together with a summary of the information the Minister relied on to establish each performance indicator.
Performance targets
29. (1) In relation to a performance indicator established under subsection 28 (1), the Minister may establish, by direction, one or more performance targets for one or more types of municipal services under the jurisdiction of a regulated entity or a class of regulated entities, and a target may be different for different municipal service providers or for municipal services in different areas of the Province.
Publication
(2) The Minister shall publish performance targets established under this section on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993, together with a summary of the information the Minister relied on to establish each performance target.
Review and evaluation of performance
30. (1) A regulated entity shall, when directed to do so by the Minister, review and evaluate in accordance with the Minister's directions and such requirements as may be prescribed, the performance of a municipal service under its jurisdiction with reference to the applicable performance indicators and shall,
(a) report the results of its review and evaluation to the Minister in such manner and at such time as the Minister directs and, if a target has been established under section 29, include in the report information on the extent to which the target is being achieved; and
(b) make available, in such manner and at such time as the Minister directs, the results of its review and evaluation to the public in the geographic area in which the regulated entity provides a municipal service.
Public disclosure
(2) The Minister may publicly disclose any of the information provided by regulated entities under subsection (1) in such manner and format as the Minister considers appropriate.
Failure to achieve a target
31. If a regulated entity fails to achieve a target established by the Minister under section 29, the Minister may do one or both of the following:
1. Require the regulated entity to provide such additional information as the Minister specifies relating to the regulated entity's efforts to achieve the target and the reasons for its failure to do so.
2. Invite the regulated entity to prepare and submit to the Minister a report describing,
i. proposed strategies to be included in the regulated entity's plan to assist it in achieving the target, or
ii. proposed steps to be taken by the regulated entity to assist it in achieving the target.
Legislation Act, 2006
32. Directions made under this Part are not subject to Part III (Regulations) of the Legislation Act, 2006.
Delegation of authority
33. (1) The Minister may in writing delegate any of his or her powers or duties under this Part to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006.
Same
(2) A reference in this Part or the regulations to the Minister is deemed, for the purpose of a delegation under subsection (1), to be a reference to the delegate.
Forms
34. The Minister may approve forms for any purpose of this Part or the regulations, specify the procedure for the use of the forms and require their use for any purpose of this Part or the regulations.
Regulations
35. The Lieutenant Governor in Council may make regulations for the purposes of this Part,
(a) prescribing a municipality, person or entity to be a regulated entity and the date on which the municipality, person or entity becomes a regulated entity with respect to one or more municipal services under their jurisdiction;
(b) deeming a water service, wastewater service or stormwater service under the jurisdiction of a regulated entity to be a municipal service;
(c) governing the preparation, approval, submission, amendment and review of plans by regulated entities, including,
(i) governing the content of plans, including the requirements for each part of a plan relating to a type of municipal service,
(ii) requiring that prescribed parts of the plan be certified in the prescribed manner by persons with prescribed qualifications,
(iii) requiring public consultation before a plan, an amendment to a plan or the report of a review under this Part is submitted to the Minister and prescribing the manner for carrying out the public consultation in each case,
(iv) requiring that plans or a class of plans be reviewed within the period prescribed by the regulations and the process to be followed in reviewing the plans;
(d) prescribing circumstances in which a plan, an amendment to a plan or the proposed report of any required review of a plan must be approved by each municipality in which a municipal service is provided to which the plan, amendment or report relates;
(e) prescribing any time periods or time limits for doing anything required to be done under this Part or the regulations;
(f) prescribing anything that this Part describes as being prescribed by the regulations.
part IV
public sector requirements
Definitions
36. In this Part,
"prescribed" means prescribed by the regulations; ("prescrit")
"public agency" means a ministry of the Government of Ontario or an entity, including a municipality, or class of entities that is prescribed as a public agency; ("organisme public")
"regulations" means the regulations made under this Part. ("règlements")
Water conservation plans
Public agencies
37. (1) The Lieutenant Governor in Council may, by regulation, require public agencies to prepare water conservation plans.
Same, regulations
(2) The regulations may provide that a plan required under subsection (1) cover such period as is prescribed and may be required at such intervals as are prescribed and may require that the plan be filed with the Ministry of the Environment.
Specified targets and standards, public agencies
(3) The Lieutenant Governor in Council may, by regulation, require a public agency to achieve prescribed water conservation targets and, in achieving those targets, to comply with prescribed environmental standards and other prescribed requirements.
Contents, public agencies
(4) For the purposes of subsection (1), the plan must be prepared in accordance with the requirements, as may be prescribed, and must include the following information:
1. A summary of annual water use for each of the public agency's prescribed operations.
2. A description and a forecast of the expected results of current and proposed activities and measures being taken or proposed to be taken by the public agency to conserve water, including prescribed measures.
3. A summary of the progress and achievements in water conservation since the previous plan, including,
i. progress and achievements relating to targets established by the public agency in the plan, and
ii. progress and achievements relating to targets prescribed under subsection (3).
4. Such additional information as may be prescribed.
Publication
(5) The public agency shall publish the plan in accordance with such requirements as may be prescribed.
Implementation
(6) The public agency shall implement the plan and shall do so in accordance with such requirements as may be prescribed.
Same, regulations
(7) The regulations may require a public agency to co-ordinate, in the prescribed manner, the preparation and implementation of its water conservation plan under this section with the preparation and implementation of the agency's energy conservation and demand management plan under section 6 of the Green Energy Act, 2009.
Joint plans, public agencies
38. (1) Two or more public agencies may prepare a joint water conservation plan and may publish and implement it jointly.
Effect
(2) If the joint plan satisfies the requirements established under section 37, the public agencies are not required to prepare, publish and implement separate water conservation plans for the same period.
Duty to consider water
When acquiring goods and services
39. (1) The Lieutenant Governor in Council may, by regulation, require public agencies, in their acquisition of goods and services, to consider technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources, and to comply with such requirements as may be prescribed for those purposes.
When making capital investments
(2) The Lieutenant Governor in Council may, by regulation, require public agencies, when making capital investments, to consider technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources, and to comply with such requirements as may be prescribed for those purposes.
Regulations
40. The Lieutenant Governor in Council may make regulations prescribing anything that this Part refers to as prescribed.
part v
municipal water bills
Municipal water bills
Definitions
41. (1) In this section,
"municipal water bill" means a bill for,
(a) fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006 in respect of a water public utility, or
(b) fees or charges imposed by a corporation established under section 203 of the Municipal Act, 2001 in respect of a water public utility; ("facture municipale d'eau")
"water public utility" means a public utility as defined in section 1 of the Municipal Act, 2001 that is used to provide water for the public. ("service public d'approvisionnement en eau")
Regulations
(2) The Minister of the Environment may make regulations prescribing information that a person who issues a municipal water bill must or may include on or with the bill.
part vI
triennial reports
Triennial reports
42. (1) The Minister of the Environment shall, at least once every three years, prepare a report that,
(a) describes the extent to which each target established under section 2 is being achieved;
(b) summarizes the activities and achievements of the Water Technology Acceleration Project during the reporting period;
(c) summarizes the activities and achievements of the Ontario Clean Water Agency during the reporting period relating to financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater;
(d) describes actions taken and outcomes achieved during the reporting period by municipalities, persons and entities prescribed as regulated entities for the purposes of Part III in respect of their municipal water, wastewater and stormwater services;
(e) describes actions taken and outcomes achieved during the reporting period by public agencies as defined in Part IV to conserve water and to use technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources; and
(f) includes any other information that the Minister considers advisable.
Report under Safe Drinking Water Act, 2002
(2) The Minister may include a report under this section in a report prepared under subsection 3 (4) of the Safe Drinking Water Act, 2002.
Publication
(3) If a report under this section is not included in a report prepared under subsection 3 (4) of the Safe Drinking Water Act, 2002, the Minister shall publish the report on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.
Part VII
Regulations
Regulations
43. The Lieutenant Governor in Council may make regulations,
(a) defining any word or expression used in any Part of this Act that is not defined in that Part;
(b) exempting any person or thing from this Act or any provision of this Act, subject to such conditions as may be prescribed by the regulations.
Amendments to adopted documents
44. (1) If a regulation made under this Act adopts a document by reference and requires compliance with the document, the regulation may adopt the document as it may be amended from time to time.
When adoption of amendment effective
(2) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.
Part
VIII
Amendments to this Act
Bill 65 - Not-for-Profit Corporations Act, 2010
45. (1) This section applies only if Bill 65 (Not-for-Profit Corporations Act, 2010), introduced on May 12, 2010, receives Royal Assent.
(2) References in this section to provisions of Bill 65 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day section 13 of this Act comes into force and the day subsection 4 (1) of Bill 65 comes into force, section 13 of this Act is repealed and the following substituted:
Application of Not-for-Profit Corporations Act, 2010, Corporations Information Act
13. The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation, except as prescribed by the regulations.
(4) On the later of the day clause 23 (b) of this Act comes into force and the day subsection 4 (1) of Bill 65 comes into force, clause 23 (b) of this Act is amended by striking out "Corporations Act" and substituting "Not-for-Profit Corporations Act, 2010".
part IX
commencement and short title
Commencement
46. (1) Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Water Opportunities and Water Conservation Act, 2010 receives Royal Assent.
Same
(2) Part II comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
47. The short title of the Act set out in this Schedule is the Water Opportunities Act, 2010.
schedule 2
amendments to the building code act, 1992
1. Section 34 of the Building Code Act, 1992 is amended by adding the following subsection:
Review, standards for water conservation
(7) The Minister shall initiate a review of the building code with reference to standards for water conservation on or before the day that is six months after the day section 1 of Schedule 2 to the Water Opportunities and Water Conservation Act, 2010 comes into force and thereafter within five years of the end of the previous review.
2. (1) Subsection 34.1 (1) of the Act is repealed and the following substituted:
Building Code Conservation Advisory Council
(1) The Building Code Energy Advisory Council is continued under the name Building Code Conservation Advisory Council in English and Conseil consultatif des questions de conservation liées au code du bâtiment in French.
(2) Clause 34.1 (3) (a) of the Act is repealed and the following substituted:
(a) advise the Minister on the building code with reference to standards for energy and water conservation; and
Commencement
3. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Schedule 3
AMENDMENTS to the capital investment plan act, 1993
1. Section 14 of the Capital Investment Plan Act, 1993 is amended by adding the following subsection:
Ontario Clean Water Agency
(1.1) Despite subsection (1), the annual report of the Ontario Clean Water Agency shall be submitted within such period of time after the end of its fiscal year as the Minister of Finance may direct.
2. Section 27 of the Act is amended by striking out "before the 1st day of April, 1994 shall be paid out of the Consolidated Revenue Fund and thereafter".
3. Subsection 49 (1) of the Act is repealed and the following substituted:
Objects
(1) Without limiting the powers or capacities of the Agency, its objects include,
(a) assisting municipalities, the Government of Ontario and other persons or bodies to provide water and sewage works and other related services by financing, planning, developing, building and operating those works and providing those services;
(b) financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater;
(c) carrying out the activities described in clauses (a) and (b) in Ontario and elsewhere in a manner that protects human health and the environment and encourages the conservation of water resources; and
(d) with respect to activities described in clauses (a) and (b) that are carried out in Ontario, carrying them out in a manner that supports provincial policies for land use and settlement.
4. (1) Section 52 of the Act is amended by adding the following clause:
(c) make agreements for the purpose of financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater, including entering into joint ventures and other business arrangements.
(2) Section 52 of the Act is amended by adding the following subsection:
Capacity to act outside Ontario
(2) Section 16 of the Business Corporations Act applies with necessary modifications to the Agency.
5. Part IV of the Act is amended by adding the following section:
Regulations – subsidiary corporations
57.1 (1) Subject to subsections (2) and (4), the Lieutenant Governor in Council may by regulation constitute subsidiary corporations of the Agency with the objects, purposes, powers and duties set out in the regulation and may provide for the constitution and management of the subsidiary corporations.
Objects
(2) The objects of a subsidiary corporation of the Agency shall fall within the scope of one or more of the objects of the Agency that are specified in clauses 49 (1) (a) to (d).
Included powers
(3) Without limiting the generality of subsection (1), but subject to subsection (4), the Lieutenant Governor in Council may, under that subsection,
(a) give a subsidiary corporation constituted under subsection (1) the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to any limitations that the Lieutenant Governor in Council considers appropriate;
(b) provide that a subsidiary corporation constituted under subsection (1) is an agent of the Crown in right of Ontario, or provide that a subsidiary corporation constituted under subsection (1) is not an agent of the Crown in right of Ontario;
(c) prescribe provisions of the Business Corporations Act, the Corporations Act or the Corporations Information Act that apply or do not apply to a subsidiary corporation constituted under subsection (1) and prescribe any modifications, if necessary;
(d) provide that employees of a subsidiary corporation constituted under subsection (1) may be appointed under Part III of the Public Service of Ontario Act, 2006;
(e) govern the liability of the Agency or the Crown in right of Ontario for any act or omission of,
(i) a subsidiary corporation constituted under subsection (1),
(ii) a member of the board of directors of a subsidiary corporation constituted under subsection (1), or
(iii) an officer, employee or agent of a subsidiary corporation constituted under subsection (1);
(f) govern the liability of a member of the board of directors of a subsidiary corporation constituted under subsection (1), or of an officer, employee or agent of a subsidiary corporation constituted under subsection (1), for any act or omission of the member, officer, employee or agent;
(g) provide that a provision in Part I that applies to subsidiary corporations does not apply to a subsidiary corporation constituted under subsection (1) that is not an agent of the Crown in right of Ontario, or provide that the provision applies with such modifications as may be prescribed;
(h) provide that a provision in Part I that would not otherwise apply to subsidiary corporations does apply to a subsidiary corporation constituted under subsection (1), subject to such modifications as may be prescribed;
(i) provide for and govern the winding up and dissolution of a subsidiary corporation constituted under subsection (1) and the transfer of its assets, liabilities, rights and obligations;
(j) prescribe any other matter that the Lieutenant Governor in Council considers necessary or advisable to ensure that a subsidiary corporation constituted under subsection (1) may effectively carry out its powers and duties.
Subsidiaries that are Crown agents
(4) Subsection 2 (4) and sections 4, 17, 18, 24 and 25 apply, with necessary modifications, to a subsidiary corporation constituted under subsection (1) that is an agent of the Crown in right of Ontario.
Bill 65 - Not-for-Profit Corporations Act, 2010
6. (1) This section applies only if Bill 65 (Not-for-Profit Corporations Act, 2010), introduced on May 12, 2010, receives Royal Assent.
(2) References in this section to provisions of Bill 65 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day clause 57.1 (3) (c) of the Capital Investment Plan Act, 1993 comes into force and the day subsection 4 (1) of Bill 65 comes into force, clause 57.1 (3) (c) of the Capital Investment Plan Act, 1993 is amended by striking out "Corporations Act" and substituting "Not-for-Profit Corporations Act, 2010".
Commencement
7. This Schedule comes into force on the day the Water Opportunities and Water Conservation Act, 2010 receives Royal Assent.
Schedule 4
AMENDMENTS to the green energy act, 2009
1. (1) Paragraphs 1 and 2 of subsection 10 (1) of the Green Energy Act, 2009 are repealed and the following substituted:
1. Clear and transparent reporting of,
i. energy use associated with government facilities,
ii. the amount of greenhouse gas emissions associated with government facilities, and
iii. water use associated with government facilities.
2. Planning and designing government facilities to ensure the efficient use of energy and water.
(2) Subsection 10 (1) of the Act is amended by adding the following paragraph:
5. Using technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources.
(3) Clauses 10 (2) (a), (b) and (c) of the Act are repealed and the following substituted:
(a) requiring the ministries responsible for the government facilities that the Minister specifies in the directive to report to the Minister, at such time and in such manner as may be provided for in the directive, on energy consumption, greenhouse gas emissions and water use associated with the facilities;
(b) establishing energy, water conservation and environmental standards which must be met as minimum standards for new construction or major renovations for government facilities; and
(c) specifying such other requirements as the Minister considers appropriate relating to energy conservation, energy efficiency, water conservation, the adoption of renewable energy technologies, and the adoption of technologies and services that promote the efficient use of water and reduce negative impacts on Ontario's water resources.
(4) Clause 10 (3) (b) of the Act is repealed and the following substituted:
(b) specify the content of a report required under clause (2) (a); and
2. The heading to Part III of the Act is repealed and the following substituted:
part iii
energy efficiency
3. Clause 16 (2) (d) of the Act is amended by striking out "or water efficiency standards or requirements".
Commencement
4. This Schedule comes into force on the day the Water Opportunities and Water Conservation Act, 2010 receives Royal Assent.
Schedule 5
AMENDMENTS to the ontario water resources act
1. The Ontario Water Resources Act is amended by adding the following section:
Efficient Use of Water
Application
34.12 (1) This section applies to appliances and products prescribed by the regulations.
Appliances and products, efficiency standards
(2) No person shall offer for sale, sell or lease an appliance or product to which this section applies unless,
(a) the appliance or product meets the efficiency standard or requirement prescribed by the regulations with respect to the appliance or product; and
(b) a label or other marking prescribed by the regulations that confirms compliance with the efficiency standards or requirements prescribed by the regulations in respect of the appliance or product is affixed to the appliance or product or provided with the appliance or product in the manner and under the circumstances prescribed by the regulations.
Labels
(3) No person shall affix to or provide with an appliance or product to which this section applies a label or other marking prescribed by the regulations unless the appliance or product meets the efficiency standard or requirement prescribed by the regulations with respect to the appliance or product.
Application of subs. (2)
(4) Subsection (2) does not apply to,
(a) an appliance or product that is manufactured on or before a date prescribed by the regulations and that is sold or leased on or before a date prescribed by the regulations; or
(b) a person who is not in the business of offering for sale, selling or leasing appliances or products to which this section applies.
2. Section 75 of the Act is amended by adding the following subsection:
Regulations, efficient use of water
(1.4.1) The Lieutenant Governor in Council may make regulations relating to section 34.12,
(a) prescribing appliances and products to which section 34.12 applies;
(b) prescribing water efficiency standards or requirements for the appliances or products prescribed under clause (a);
(c) regulating the installation, testing, maintenance and repair of appliances and products to which section 34.12 applies;
(d) designating persons or organizations to test appliances and products to which section 34.12 applies;
(e) providing for the placing of a label or mark prescribed by the regulations on or with appliances and products that conform to the prescribed standards;
(f) prescribing the contents of labels or marks that may be placed on or with appliances and products to which section 34.12 applies;
(g) prescribing fees that may be charged by designated persons or organizations for the testing and labelling of appliances and products to which section 34.12 applies;
(h) providing for information to be reported by persons who manufacture, offer for sale, sell or lease appliances or products to which section 34.12 applies, including the frequency, time and manner for reporting;
(i) governing the keeping of information, records and documents by persons who manufacture, offer for sale, sell or lease appliances or products to which section 34.12 applies;
(j) prescribing dates for the purposes of clause 34.12 (4) (a).
Commencement
3. This Schedule comes into force on the day the Water Opportunities and Water Conservation Act, 2010 receives Royal Assent.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 72 and does not form part of the law. Bill 72 has been enacted as Chapter 19 of the Statutes of Ontario, 2010.
The Bill enacts the Water Opportunities Act, 2010 and amends other Acts in respect of water conservation and other matters.
Schedule 1 to the Bill enacts the Water Opportunities Act, 2010. Its principal features include the following:
1. Part I of the Act provides that the purposes of the Act are to foster innovative water, wastewater and stormwater technologies, services and practices in the private and public sectors, to create opportunities for economic development and clean-technology jobs in Ontario, and to conserve and sustain water resources for present and future generations. To further the purposes of the Act, the Minister of the Environment may establish aspirational targets in respect of the conservation of water and other matters.
2. Part II of the Act establishes a corporation without share capital named the Water Technology Acceleration Project. The objects of the corporation include:
i. assisting in promoting the development of Ontario's water and wastewater sectors,
ii. assisting Ontario's water and wastewater sectors by increasing their capacity to develop, test, demonstrate and commercialize innovative technologies and services for the treatment and management of water and wastewater,
iii. assisting Ontario's water and wastewater sectors by increasing their capacity to expand their business opportunities nationally and internationally,
iv. providing a forum for governments, the private sector and academic institutions to exchange information and ideas on how to make Ontario a leading jurisdiction in the development and commercialization of innovative technologies and services for the treatment and management of water and wastewater,
v. encouraging collaboration and co-operation in Ontario's water and wastewater sectors, and
vi. if requested by the Minister of Research and Innovation, assisting in the development of certification, labelling and verification programs for water and wastewater technologies and services.
3. Part III of the Act requires certain municipalities, persons and entities to prepare, approve and submit to the Minister of the Environment municipal water sustainability plans for municipal water services, municipal wastewater services and municipal stormwater services under their jurisdiction. The Minister may establish performance indicators and targets for those services. The performance indicators and targets may vary for different municipal service providers and areas of the Province. The Minister may require a regulated entity to review and evaluate the performance of a municipal service under its jurisdiction with reference to applicable performance indicators and targets. If a regulated entity does not achieve an applicable performance target, the Minister may invite the regulated entity to provide information on the strategies and steps to be taken by the regulated entity to achieve the target and may direct the regulated entity to amend its municipal water sustainability plan to incorporate strategies and steps to assist the regulated entity in achieving the target.
4. Part IV of the Act authorizes the making of regulations requiring public agencies (including municipalities and ministries of the Government of Ontario),
i. to prepare water conservation plans,
ii. to achieve water conservation targets established by the regulations, and
iii. when acquiring goods and services or making capital investments, to consider technologies, services and practices that promote the efficient use of water and reduce negative impacts on Ontario's water resources.
5. Part V of the Act authorizes the making of regulations prescribing information that must or may be included on or with a municipal water bill.
6. Part VI of the Act requires the Minister of the Environment, at least once every three years, to prepare a report on various matters related to the Bill.
7. Part VII of the Act contains general regulation-making powers.
8. Part VIII of the Act contains amendments relating to Bill 65 (Not-for-Profit Corporations Act, 2010).
9. Part IX of the Act provides for its commencement and short title.
Schedule 2 to the Bill amends the Building Code Act, 1992. New subsection 34 (7) of the Act requires the Minister to initiate reviews of the building code with reference to standards for water conservation, at five-year intervals. Section 34.1 of the Act is amended to continue the Building Code Energy Advisory Council as the Building Code Conservation Advisory Council and to expand the scope of its mandate to include advising the Minister on the building code with reference to standards for water conservation.
Schedule 3 to the Bill amends the Capital Investment Plan Act, 1993. The amendments include revising the objects of the Ontario Clean Water Agency to include,
1. assisting municipalities, the Government of Ontario and other persons or bodies to provide water and sewage works and other related services by financing, planning, developing, building and operating those works and providing those services,
2. financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater,
3. carrying out the activities described above in Ontario and elsewhere in a manner that protects human health and the environment and encourages the conservation of water resources, and
4. with respect to activities described above that are carried out in Ontario, carrying them out in a manner that supports provincial policies for land use and settlement.
Schedule 4 to the Bill amends the Green Energy Act, 2009 to add principles relating to water and water use to the principles that guide the Government of Ontario in constructing, acquiring, operating and managing government facilities. The power to issue directives is also expanded to include directives related to water use, water conservation and the adoption of technologies and services that promote the efficient use of water and reduce negative impacts on Ontario's water resources.
Schedule 5 to the Bill amends the Ontario Water Resources Act to prohibit the sale or lease of appliances and products prescribed by regulation unless they meet efficiency standards or requirements prescribed by regulation and are labelled to confirm compliance with those standards or requirements. These amendments to the Ontario Water Resources Act essentially re-enact provisions that Schedule 4 removes from the Green Energy Act, 2009.