SOURCE PROTECTION COMMITTEES

Number and Appointment of Members Number of members 1. (1) Subject to subsection (3), the source protection committee for a source protection area or source protection region listed in Column 1 of the Table to this section shall be composed of the chair of the committee and, (a) before Ontario Regulation 310/15 comes into force, the maximum number of members set out opposite the source protection area or source protection region in Column 2 of the Table; (b) on or after the day Ontario Regulation 310/15 comes into force and subject to subsection (5), if a source protection authority satisfies the requirements set out in subsection (7) to reduce the number of members in a source protection committee, no fewer than the minimum number of members set out opposite the source protection area or source protection region in Column 3 of the Table; or (c) on or after the day Ontario Regulation 310/15 comes into force and subject to subsection (6), if a source protection authority has reduced the number of members in a source protection committee under clause (b) and satisfies the requirements set out in subsection (7) to increase the number of members in the source protection committee, no more than the maximum number of members set out opposite the source protection area or source protection region in Column 2 of the Table. O. Reg. 310/15, s. 1 (1). (2) Revoked: O. Reg. 310/15, s. 1 (1). (3) The number of members of the committee is increased by the number of members appointed under section 6. O. Reg. 288/07, s. 1 (3). (4) Despite clauses (1) (b) and (c), the composition of the source protection committee must continue to meet the requirements set out in paragraphs 1, 2 and 3 of section 2. O. Reg. 310/15, s. 1 (2). (5) For the purposes of clause (1) (b), the number of members in a source protection committee shall be reduced in accordance with the following rules: 1. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 21 members, the committee may be reduced in size to 18, 15, 12 or 9 members. 2. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 15 members, the committee may be reduced in size to 12, 9 or 6 members. 3. If the maximum number of members set out in Column 2 of the Table to this section with respect to the source protection committee is 9 members, the committee may be reduced in size to 6 members. O. Reg. 310/15, s. 1 (2). (6) For the purposes of clause (1) (c), the number of members in a source protection committee shall be increased in accordance with the following rules: 1. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 6 members and the maximum number of members set out in Column 2 of the Table with respect to the committee is 9 members, the committee may be increased in size to 9 members. 2. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 6 members and the maximum number of members set out in Column 2 of the Table with respect to the committee is 15 members, the committee may be increased in size to 9 or 12 or 15 members. 3. If the minimum number of members set out in Column 3 of the Table to this section with respect to the source protection committee is 9 members and the maximum number of members set out opposite in Column 2 of the Table with respect to the committee is 21 members, the committee may be increased in size to 12, 15, 18 or 21 members. O. Reg. 310/15, s. 1 (2). (7) The requirements referred to in clauses (1) (b) and (c) to reduce or increase the number of members in a source protection committee are the following: 1. The source protection authority must consult with the chair of the source protection committee about the authority’s intention to pass a resolution described in paragraph 3 before passing such a resolution. 2. In the case of a source protection committee established for a source protection region, the lead source protection authority must consult with every other source protection authority in the source protection region before passing a resolution described in paragraph 3. 3. The source protection authority must pass a resolution to reduce or increase the number of members of the source protection committee. O. Reg. 310/15, s. 1 (2). Table Number of members Item Column 1 Source Protection Area or Source Protection Region Column 2 Maximum number of members Column 3 Minimum number of members 1. Ausable Bayfield Maitland Valley Source Protection Region 15 6 2. Cataraqui Source Protection Area 15 6 3. CTC Source Protection Region 21 9 4. Essex Region Source Protection Area 15 6 5. Halton-Hamilton Source Protection Region 15 6 6. Lake Erie Source Protection Region 21 9 7. Lakehead Source Protection Area 9 6 8. Mattagami Region Source Protection Area 9 6 9. Mississippi-Rideau Source Protection Region 15 6 10. Niagara Peninsula Source Protection Area 9 6 11. Sudbury Source Protection Area 9 6 12. North Bay-Mattawa Source Protection Area 9 6 13. Quinte Conservation Source Protection Area 15 6 14. Raisin-South Nation Source Protection Region 15 6 15. Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region 15 6 16. Sault Ste. Marie Region Source Protection Area 9 6 17. South Georgian Bay-Lake Simcoe Source Protection Region 21 9 18. Thames-Sydenham and Region Source Protection Region 21 9 19. Trent Conservation Coalition Source Protection Region 21 9 O. Reg. 310/15, s. 1 (3). Appointment of members 2. Subject to subsection 7 (4) of the Act, the members of a source protection committee shall be appointed by the source protection authority that establishes the committee in accordance with the following rules: 1. One-third of the members to be appointed by the source protection authority, not counting any members appointed pursuant to section 6, must be persons appointed to reflect the interests of the municipalities that are located, in whole or in part, in the source protection area or source protection region. 2. One-third of the members to be appointed by the source protection authority, not counting any members appointed pursuant to section 6, must be persons appointed to reflect the interests of the agricultural, commercial or industrial sectors of the source protection area’s or source protection region’s economy, including small business interests. 3. One-third of the members to be appointed by the source protection authority, not counting any members appointed pursuant to section 6, must be persons appointed to reflect interests other than the interests referred to in paragraphs 1 and 2, including, in particular, environmental, health and other interests of the general public. O. Reg. 288/07, s. 2. Appointment process, par. 1 of s. 2 3. (1) Each source protection authority that is required by section 7 of the Act to establish a source protection committee shall, for the purpose of appointing members to the committee pursuant to paragraph 1 of section 2, (a) divide the municipalities that are located, in whole or in part, in the source protection area or source protection region into one or more groups, as determined by the source protection authority; and (b) assign, to each of the groups established under clause (a), a number of members of the source protection committee determined by the source protection authority, so that the total number of members assigned to all of the groups is equal to the number of members to be appointed pursuant to paragraph 1 of section 2. O. Reg. 288/07, s. 3 (1). (2) The source protection authority shall consult with all of the municipalities that are located, in whole or in part, in the source protection area or source protection region before establishing groups under clause (1) (a) and assigning numbers of members under clause (1) (b). O. Reg. 288/07, s. 3 (2). (3) For each group established under clause (1) (a), the source protection authority shall appoint the number of members of the source protection committee that are assigned to the group under clause (1) (b) from a list of persons that is submitted jointly by the councils of the municipalities that are in the group. O. Reg. 288/07, s. 3 (3). (4) The source protection authority shall, not later than September 3, 2007, give a notice described in subsection (5) to the clerk of each municipality that is located, in whole or in part, in the source protection area or source protection region. O. Reg. 288/07, s. 3 (4). (5) The notice that is given under subsection (4) must contain the following information: 1. A summary of the functions of the source protection committee that is to be established by the source protection authority. 2. A summary of the obligations of a member of the source protection committee. 3. The number of persons to be appointed to the source protection committee pursuant to paragraph 1 of section 2. 4. A list of the groups established under clause (1) (a), showing the municipalities that are in each group and the number of members of the source protection committee that are assigned to each group under clause (1) (b). 5. The date by which the councils of the municipalities in each group established under clause (1) (a) must jointly submit a list of persons to the source protection authority for the purpose of subsection (3). O. Reg. 288/07, s. 3 (5). (6) The date set out in a notice under paragraph 5 of subsection (5) shall not be earlier than two months after the notice is given to the clerks of the municipalities. O. Reg. 288/07, s. 3 (6). (7) Despite subsection (3), (a) if the councils of the municipalities that are in a group established under clause (1) (a) do not jointly submit a list for the purpose of subsection (3) by the date specified under paragraph 5 of subsection (5), the source protection authority may select all of the persons to be appointed for the group pursuant to subsection (3) without the list; and (b) if the councils of the municipalities that are in a group established under clause (1) (a) jointly submit a list for the purpose of subsection (3) by the date specified under paragraph 5 of subsection (5), but the list contains the names of fewer persons than the number of members assigned to the group under clause (1) (b), the source protection authority may select the other persons to be appointed for the group pursuant to subsection (3). O. Reg. 288/07, s. 3 (7). (8) To the extent that the source protection authority has any ability to select persons to be appointed pursuant to subsection (3) to the source protection committee for a group established under clause (1) (a), the authority shall attempt to appoint persons who, as a group, are representative of the interests of all of the municipalities that are in the group. O. Reg. 288/07, s. 3 (8). Appointment process, pars. 2 and 3 of s. 2 4. (1) Each source protection authority shall, before appointing a member to the committee under paragraphs 2 and 3 of section 2, publish a notice described in subsection (2) on the Internet. O. Reg. 310/15, s. 2 (1). (2) A notice referred to in subsection (1) that is published on the Internet must contain the following information: 1. A summary of the functions of the source protection committee established by the source protection authority. 2. A summary of the obligations of a member of the source protection committee. 3. A description of the information that must be submitted to the source protection authority by applicants for appointments pursuant to paragraphs 2 and 3 of section 2. 4. The date by which applications for appointments pursuant to paragraphs 2 and 3 of section 2 must be submitted to the source protection authority. 5. The address of the Internet website where the notice is published. 6. The name, address and telephone number of a person who may be contacted for further information and to whom applications must be submitted. O. Reg. 310/15, s. 2 (1). (3) In addition to publishing the notice required by subsection (1), if the source protection authority is of the opinion that it is necessary in the circumstances to notify the public of the vacancy on the source protection committee by publishing a notice in a newspaper, the source protection authority shall publish a notice in one or more newspapers that, in the opinion of the source protection authority, are of sufficient circulation to bring the notice to the attention of the public in all or in part of the source protection area or source protection region. O. Reg. 310/15, s. 2 (1). (4) The date referred to in paragraph 4 of subsection (2) that is set out in a notice published on the Internet under subsection (1) shall be, (a) if notice is only published on the Internet under subsection (1), not earlier than one month after the notice is first published on the Internet; or (b) if notice is also published in a newspaper under subsection (3), not earlier than one month after the notice is first published in a newspaper. O. Reg. 310/15, s. 2 (1). (5) The source protection authority shall make a copy of the notice published under clause (1) (a) available for inspection by the public at one or more locations that, in the opinion of the source protection authority, are sufficiently accessible to give the public in the source protection area or source protection region a reasonable opportunity to inspect the notice. O. Reg. 288/07, s. 4 (5). (6) In addition to publishing the notice required by subsection (1), the source protection authority may solicit applications for appointments pursuant to paragraphs 2 and 3 of section 2 in any other manner that the authority considers appropriate. O. Reg. 288/07, s. 4 (6); O. Reg. 310/15, s. 2 (2). (7, 8) Revoked: O. Reg. 310/15, s. 2 (3). (9) In considering applications for appointments pursuant to paragraph 2 of section 2, the source protection authority shall attempt to appoint persons who, (a) are engaged in agricultural, commercial or industrial activities that have or will have an impact on existing or future sources of drinking water or that are significantly dependant on existing or future sources of drinking water; and (b) as a group, are representative of the agricultural, commercial and industrial sectors of the source protection area’s or source protection region’s economy. O. Reg. 288/07, s. 4 (9). (10) In considering applications for appointments pursuant to paragraph 3 of section 2, the source protection authority shall attempt to appoint persons who, (a) have demonstrated an interest in the protection of drinking water sources; and (b) as a group, are representative of interests other than the interests referred to in paragraphs 1 and 2 of section 2, including, in particular, interests of the general public. O. Reg. 288/07, s. 4 (10). 5. Revoked: O. Reg. 310/15, s. 3. Appointment of members selected by band councils 6. (1) In this section, “band”, “council of the band” and “reserve” have the same meanings as in the Indian Act (Canada). O. Reg. 288/07, s. 6 (1). (2) If a source protection area or source protection region includes any part of a band’s reserve, the source protection authority that is required by section 7 of the Act to establish a source protection committee for the area or region shall, not later than August 3, 2007 and before it establishes the committee, give the chief of the band a notice that, (a) contains a summary of the functions of the source protection committee that is to be established by the source protection authority; (b) contains a summary of the obligations of a member of the source protection committee; (c) contains a list of the chiefs to whom the notice is being given; and (d) advises the chiefs to whom the notice is being given of the opportunity for the councils of the bands to jointly select, (i) one person to be appointed as a member of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 6 or 9 members, (ii) two persons to be appointed as members of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 12 or 15 members, or (iii) three persons to be appointed as members of the source protection committee if, without regard to subsection 1 (3), under subsection 1 (1) the source protection committee has 18 or 21 members. O. Reg. 288/07, s. 6 (2); O. Reg. 310/15, s. 4 (1). (3) If the councils of the bands jointly provide the source protection authority with the name of a person to be appointed as a member of the source protection committee in accordance with clause (2) (d) and the length of the term of the appointment, the authority shall appoint the person as a member, in addition to the number of members referred to in subsection 1 (1). O. Reg. 288/07, s. 6 (3); O. Reg. 310/15, s. 4 (2). Conditions of appointment 7. (1) A source protection authority shall not appoint a person as a member of the source protection committee unless the person resides in, owns or rents land in, is employed in, operates a business in, or is employed by a municipality that is located, in whole or in part, in the source protection area or source protection region, and every appointment made to the committee by the source protection authority is subject to the condition that the appointee must reside in, own or rent land in, be employed in, operate a business in, or be employed by a municipality that is located, in whole or in part, in the source protection area or source protection region. O. Reg. 288/07, s. 7 (1). (2) If a consultant is retained by a person who resides in, owns or rents land in, is employed in or operates a business in the source protection area or source protection region, the consultant is not, by reason of the retainer, a person who is employed in or operates a business in the source protection area or source protection region for the purposes of subsection (1). O. Reg. 288/07, s. 7 (2). (3) A source protection authority shall not appoint a person as a member of the source protection committee if the person is a member or employee of a conservation authority whose area of jurisdiction under the Conservation Authorities Act includes any part of the source protection area or source protection region, and every appointment made to the committee by the source protection authority is subject to the condition that the appointee must not be a member or employee of a conservation authority whose area of jurisdiction under the Conservation Authorities Act includes any part of the source protection area or source protection region. O. Reg. 288/07, s. 7 (3). (4) Every appointment made to a source protection committee is subject to the following conditions: 1. The appointee must regularly attend meetings of the source protection committee. 2. The appointee must comply with the source protection committee’s code of conduct and conflict of interest policy. O. Reg. 288/07, s. 7 (4). Term of appointment 8. (1) The term of the appointment of a member of a source protection committee who was appointed by a source protection authority on or before the day Ontario Regulation 310/15 came into force for a term governed by subsection 8 (1) or (3), as it read immediately before that day, expires in accordance with the following rules: 1. In the case of a source protection committee established for a source protection area, the term must expire before January 1 of the calendar year in which the third annual progress report required by section 46 of the Act is required to be submitted. 2. In the case of a source protection committee established for a source protection region, if the third annual progress reports required by section 46 of the Act with respect to the source protection areas in the source protection region are required to be submitted in the same calendar year, the term must expire before January 1 in that calendar year. 3. In the case of a source protection committee established for a source protection region, if the third annual progress reports required by section 46 of the Act with respect to the source protection areas in the source protection region are required to be submitted in different calendar years, the term must expire before January 1 in the last calendar year in which the final report is required to be submitted. O. Reg. 310/15, s. 5. (2) A source protection authority that appoints a person as a member of a source protection committee on or after the day Ontario Regulation 310/15 comes into force may appoint the member for a term of not less than six months and not more than five years. O. Reg. 310/15, s. 5. (3) Despite subsections (1) and (2), the composition of the source protection committee must continue to meet the requirements set out in paragraphs 1, 2 and 3 of section 2. O. Reg. 310/15, s. 5. (4) Despite subsections (1) and (2), the term of the appointment of a member of a source protection committee who is appointed pursuant to section 6 is the term provided under subsection 6 (3). O. Reg. 310/15, s. 5. Vacancies 9. (1) Subject to subsection (1.1), if a vacancy occurs among the members of the source protection committee who are appointed by a source protection authority, the authority shall appoint a new member to fill the vacancy. O. Reg. 288/07, s. 9 (1); O. Reg. 310/15, s. 6 (1). (1.1) If a vacancy arises as a result of the expiration of a member’s term of office due to the operation of subsection 8 (3), as it read immediately before the day Ontario Regulation 310/15 came into force, the authority may appoint a new member to fill the vacancy or reappoint the same member as long as the term of the appointment or reappointment expires in accordance with the rules set out in subsection 8 (1). O. Reg. 310/15, s. 6 (2). (2) If a vacancy occurs among the members of a source protection committee who are appointed by a source protection authority, sections 2 to 7 apply, with necessary modifications, to the appointment of a person to fill the vacancy. O. Reg. 288/07, s. 9 (2). (3) Subsection (2) does not apply to, (a) a vacancy that arises as a result of the removal of a member from office under subsection 22 (6); or (b) a vacancy described in subsection (1.1) that is filled by the reappointment of a member under that subsection. O. Reg. 310/15, s. 6 (3). (4) Revoked: O. Reg. 310/15, s. 6 (3). (5) Subject to subsection (6), if subsection (2) applies to a vacancy with respect to a member appointed pursuant to section 2, the source protection authority may, despite sections 3, 4, 5 and 8, appoint a person to fill the vacancy on an interim basis until the vacancy is filled in accordance with subsection (2). O. Reg. 288/07, s. 9 (5). (6) Subsections 3 (8) and 4 (9) and (10) apply, with necessary modifications, to an appointment under subsection (5). O. Reg. 288/07, s. 9 (6). List of appointments 10. Every source protection authority that establishes a source protection committee shall publish notice of every appointment to the committee on the Internet and shall maintain an up-to-date list of the members of the committee on the Internet, including a brief biography of each member. O. Reg. 288/07, s. 10. Exemptions 11. On application, the Minister may grant an exemption from any provision in section 3, 4, 5, 7, 8 or 9, subject to such conditions and restrictions as the Minister may impose. O. Reg. 288/07, s. 11. Operation Chair 12. (1) The chair of a source protection committee shall preside at all meetings of the committee. O. Reg. 288/07, s. 12 (1). (2) If the chair is absent or unable to act or the office of the chair is vacant, the remaining members shall appoint an acting chair from among themselves, and the acting chair has all the powers and shall perform all the duties of the chair. O. Reg. 288/07, s. 12 (2). Quorum 13. (1) The quorum of a source protection committee is the chair or acting chair, plus at least two-thirds of the number of members of the committee that the source protection authority is authorized to appoint under section 2. O. Reg. 288/07, s. 13 (1); O. Reg. 310/15, s. 7. (2) One or more vacancies in the membership of a source protection committee does not prevent the committee from conducting business as long as the number of members remaining in office is sufficient to maintain a quorum. O. Reg. 288/07, s. 13 (2). Rules of procedure for committee business 14. (1) Within two months after a sufficient number of members to constitute a quorum are appointed to a source protection committee, the committee shall prepare written rules of procedure for conducting the business of the committee that are satisfactory to the source protection authority. O. Reg. 288/07, s. 14 (1). (2) The committee shall ensure that the rules of procedure contain the following rules: 1. The business of the committee shall be carried out at meetings of the committee at which a quorum is present. 2. The committee shall attempt to make decisions by consensus among the members. 3. If the chair determines that reasonable efforts have been made to achieve consensus but the committee has been unable to make a decision by consensus, the decision may be made by a vote of two-thirds of the members present, not counting the chair. 4. The chair shall not vote. O. Reg. 288/07, s. 14 (2). (3) The committee shall publish its rules of procedure on the Internet. O. Reg. 288/07, s. 14 (3). (4) The committee shall conduct its business in accordance with its rules of procedure. O. Reg. 288/07, s. 14 (4). Code of conduct and conflict of interest policy 15. (1) Within two months after a sufficient number of members to constitute a quorum are appointed to a source protection committee, a source protection committee shall prepare a written code of conduct and conflict of interest policy for members of the committee that are satisfactory to the source protection authority. O. Reg. 288/07, s. 15 (1). (2) The committee shall publish its code of conduct and conflict of interest policy on the Internet. O. Reg. 288/07, s. 15 (2). (3) The members of the committee shall comply with the code of conduct and conflict of interest policy. O. Reg. 288/07, s. 15 (3). Meetings 16. The source protection committee shall give notice of committee meetings to the public by publishing the current meeting schedule on the Internet and in such other manner as may be determined by the committee. O. Reg. 310/15, s. 8. Proxies 17. A member of a source protection committee who is appointed by a source protection authority may participate in meetings of the committee by proxy and, for that purpose, a reference to a member in the provisions of this Regulation that relate to meetings includes the proxy. O. Reg. 288/07, s. 17. Meetings open to the public 18. (1) All meetings of a source protection committee shall be open to the public. O. Reg. 288/07, s. 18 (1). (2) Despite subsection (1), the committee may close a meeting or part of a meeting to the public if the subject matter to be discussed is a personal or financial matter about an identifiable individual. O. Reg. 288/07, s. 18 (2). (3) The committee shall not close a meeting or part of a meeting to the public under subsection (2) unless it has passed a resolution that, (a) states that the meeting or part of the meeting is closed to the public; and (b) states the general nature of the subject matter to be discussed in the absence of the public. O. Reg. 288/07, s. 18 (3). Liaison 19. The following persons may attend and participate in discussions at meetings of a source protection committee, including any meeting or part of a meeting that is closed to the public: 1. A person designated by the source protection authority as a representative of the authority. 2. A person designated by the Minister as a representative of the Ministry. 3. A representative of the medical officers of health for the health units in which any part of the source protection area or source protection region is located. O. Reg. 288/07, s. 19; O. Reg. 310/15, s. 9. Minutes of meetings 20. A source protection committee shall keep minutes of its meetings and shall publish the minutes on the Internet. O. Reg. 288/07, s. 20. 21. Revoked: O. Reg. 310/15, s. 10. Removal from office 22. (1) A source protection authority that has established a source protection committee may, on its own initiative or on the request of the chair of the committee, remove from office a member of the committee who was appointed by the authority if the authority is of the opinion that the member has failed to comply with a condition of the appointment referred to in section 7. O. Reg. 288/07, s. 22 (1). (2) If the source protection authority proposes, on its own initiative, to remove a member of a source protection committee from office, it shall give the member a written statement of the reasons for the proposed removal. O. Reg. 288/07, s. 22 (2). (3) If the chair of the source protection committee requests the removal from office of a member of the committee, (a) the request shall be made in writing and shall include a written statement of the reasons for the request; and (b) if the source protection authority proposes, on the request of the chair, to remove the member from office, it shall give the member a copy of the chair’s request. O. Reg. 288/07, s. 22 (3). (4) The source protection authority shall provide the member and the chair of the source protection committee with an opportunity to make submissions to the authority before it makes a decision on whether or not to remove the member from office under subsection (1). O. Reg. 288/07, s. 22 (4). (5) The source protection authority shall give written notice of its decision on whether or not to remove a member from office under subsection (1) to the member and to the chair of the source protection committee, together with the authority’s reasons. O. Reg. 288/07, s. 22 (5). (6) A source protection authority shall, as soon as reasonably possible, remove from office a member of the committee who was appointed by the authority pursuant to paragraph 1 of section 2 if, (a) the member was appointed from a list of persons that was submitted jointly by the councils of the municipalities that are in a group established under clause 3 (1) (a); (b) the removal of the member from office is jointly requested by the councils of the municipalities referred to in clause (a); and (c) the councils of the municipalities referred to in clause (a) jointly submit the name of a person to be appointed to fill the vacancy created by the removal of the member. O. Reg. 288/07, s. 22 (6). (7) If a member is removed from office under subsection (6), the source protection authority shall, pursuant to paragraph 1 of section 2 and as soon as reasonably possible, appoint the person whose name was submitted under clause (6) (c) as a member of the source protection committee. O. Reg. 288/07, s. 22 (7). Transition 23. (1) The source protection committee established for the Quinte Source Protection Region under clause 7 (6) (b) of the Act is continued as the source protection committee for the Quinte Conservation Source Protection Area. O. Reg. 284/10, s. 2. (2) For the purposes of section 7 of the Act and for the purposes of this Regulation, the Quinte Conservation Authority is deemed to have established the source protection committee described in subsection (1) and appointed the members of the committee. O. Reg. 284/10, s. 2.