Ontario Waste Management Corporation Act, R.S.O. 1990, c. O.39
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Ontario Waste Management Corporation Act
R.S.O. 1990, CHAPTER O.39
Note: This Act was repealed on June 5, 1997. See: 1997, c. 7, s. 9.
Amended by: 1997, c. 7, s. 9.
Definitions
1. In this Act,
“Board” means the board of directors of the Corporation; (“conseil”)
“Corporation” means the Ontario Waste Management Corporation; (“Société”)
“Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council to administer this Act. (“ministre”) 1981, c.21, s.1.
Corporation continued
2. (1) The corporation without share capital known as the Ontario Waste Management Corporation is continued under the name Ontario Waste Management Corporation in English and under the name Société ontarienne de gestion des déchets in French. 1981, c. 21, s. 2 (1), revised.
Crown Agency
(2) The Corporation is a Crown agency within the meaning of the Crown Agency Act. 1981, c.21, s.2(2).
Objects
3. The objects of the Corporation are,
(a) to research, develop, establish, operate and maintain facilities for the transmission, reception, collection, examination, storage, treatment and disposal of wastes including sewage; and
(b) to perform such other duties as may be assigned to it under this or any other Act. 1981, c.21, s.3.
Policies
4. The Lieutenant Governor in Council may formulate policies for the Corporation and the Corporation shall follow such policies in carrying out its objects under this Act. 1981, c.21, s.4.
Transfer of assets and liabilities
5. On the 30th day of September, 1983, all assets and all liabilities of Ontario Waste Management Corp., a corporation incorporated under the Business Corporations Act by articles of incorporation filed by Her Majesty the Queen in right of Ontario as represented by the Minister of the Environment, are, without compensation, assets and liabilities of the Corporation. 1981, c.21, s.5.
Board of directors
6. (1) There shall be a board of directors of the Corporation composed of not fewer than seven members who shall be appointed by the Lieutenant Governor in Council.
Chair and vice-chair
(2) The Lieutenant Governor in Council shall appoint a chair and a vice-chair of the Board from the members of the Board.
Term of office
(3) A member of the Board shall be appointed to hold office for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each. 1981, c.21, s.6.
Quorum
7. A majority of the members of the Board for the time being constitutes a quorum for the transaction of business at meetings of the Board. 1981, c.21, s.7.
Acting chair
8. (1) If the chair is absent or unable to act or if the office of chair is vacant, the vice-chair shall act as and have all the powers of the chair, and in the absence of the chair and the vice-chair from any meeting of the Board, the members of the Board present at the meeting shall appoint an acting chair who shall act as and have all the powers of the chair during the meeting.
Vacancy
(2) In the event of a vacancy in the office of a member of the Board caused by the death, resignation or incapacity of the member, the Lieutenant Governor in Council may appoint a person to hold office in place of the member for the remainder of the term of the member. 1981, c.21, s.8.
Remuneration of members of Board
9. The members of the Board shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. 1981, c.21, s.9.
Removal of member of Board for cause
10. The Lieutenant Governor in Council may remove a member of the Board from office before the expiration of his or her term for cause and the Lieutenant Governor in Council may appoint a person in place of the member for the remainder of the term of the member. 1981, c.21, s.10.
Staff
11. (1) The Corporation may employ such persons as are considered necessary from time to time for the proper conduct of the affairs of the Corporation. 1981, c.21, s. 11 (1).
Pension plan
(2) The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose permanent and probationary employees are required to be members of the Public Service Pension Plan. 1981, c. 21, s. 11 (2), revised.
Expert assistance
(3) The Corporation may engage persons under contract other than those employed under subsection (1) to provide professional, technical or other assistance to or on behalf of the Corporation.
Attendance and vacation credits
(4) Where the Corporation employs a person previously employed as a civil servant within the meaning of the Public Service Act, any attendance credits and vacation credits standing to the credit of the person as a civil servant immediately before his or her employment by the Corporation shall continue to stand to the credit of the person as an employee of the Corporation.
Application of employee benefit or group plan of civil servants
(5) Any benefit or group plan applicable from time to time to civil servants within the meaning of the Public Service Act under any Act may be made applicable to the employees of the Corporation by order of the Lieutenant Governor in Council. 1981, c.21, s.11(3-5).
Non-application
12. (1) The Corporations Act does not apply to the Corporation.
Corporate seal
(2) The Corporation shall have a seal which shall be adopted by by-law.
Capacity and powers of Corporation
(3) The Corporation has all the capacity and powers of a natural person, except as limited by this Act. 1981, c.21, s.12.
By-laws, by Corporation
13. (1) The Board may pass by-laws regulating its proceedings, specifying the powers and duties of the officers and employees of the Corporation and generally for the conduct and management of the business and affairs of the Corporation.
Borrowing by-laws
(2) Except with the approval of the Lieutenant Governor in Council, the Board shall not pass a by-law for borrowing money on the credit of the Corporation or for mortgaging or pledging any of the real or personal property of the Corporation to secure any money borrowed by or any obligation or liability of the Corporation. 1981, c.21, s.13.
Where approval required to establish, etc., facility
14. (1) Except with the prior approval of the Lieutenant Governor in Council, the Corporation shall not establish, alter or enlarge an activity, enterprise or facility in respect of wastes on any property other than the property described in the Schedule.
Terms, conditions and limitations
(2) The Lieutenant Governor in Council may attach terms, conditions and limitations to an approval mentioned in subsection (1). 1981, c.21, s.14.
Non-application
15. (1) The Environmental Assessment Act, section 30 of the Environmental Protection Act and section 54 of the Ontario Water Resources Act do not apply in respect of the following:
1. An activity, enterprise or facility,
(a) of the Corporation; or
(b) that is ancillary to an activity, enterprise or facility of the Corporation,
in respect of the property described in the Schedule.
2. An activity, enterprise or facility of the Corporation approved by the Lieutenant Governor in Council under section 14.
Limitation
(2) The Corporation shall not establish a facility referred to in paragraph 1 of subsection (1) for the reception, storage, treatment or disposal of waste on any part of the property described in the Schedule unless a report is made under section 16, and the Board concurs, that the part of the property is a safe place for the facility and that the proposal for the facility is technologically sound. 1981, c. 21, s. 15 (1, 2).
Continued application
(3) On the 21st day of July, 1985, subsections (1) and (2) cease to apply except in respect of such activities, including the acquisition of land or interests in land, as are, in the opinion of the Corporation, necessary to facilitate the obtaining of any approvals required for the establishment of a facility. 1981, c.21, s.15(3), revised.
Review of activity or proposed activity
16. (1) The Lieutenant Governor in Council from time to time may appoint one or more persons to review any activity or proposed activity of the Corporation and to report thereon to the Lieutenant Governor in Council.
Powers
(2) Where the Lieutenant Governor in Council by order so declares, the person or persons appointed under subsection (1) shall have the powers of a commission under Part II of the Public Inquiries Act, which Part shall apply to such review as if it were an inquiry under that Act. 1981, c.21, s.16.
Fiscal year of Corporation
17. The fiscal year of the Corporation begins on the 1st day of April and ends on the 31st day of March in the following year. 1981, c.21, s.17.
Minister may require reports
18. The Minister may require the Corporation to make reports and provide information to the Minister pertaining to any aspect of the business and affairs of the Corporation in such form and at such times as the Minister may specify and the Corporation shall comply with such requirements by the Minister. 1981, c.21, s.18.
Accounting system
19. (1) The Corporation shall establish and maintain an accounting system satisfactory to the Minister.
Audit
(2) The accounts and financial transactions of the Corporation shall be audited annually by the Provincial Auditor and the Provincial Auditor shall report on the audit to the Minister and the Corporation. 1981, c.21, s.19.
Profits
20. The net profits of the Corporation shall be paid into the Consolidated Revenue Fund at such times and in such manner as the Minister may direct. 1981, c.21, s.20.
Annual report
21. The Corporation shall, after the close of each fiscal year, file with the Minister an annual report upon the affairs of the Corporation signed by the chair or the vice-chair of the Corporation and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at its next session. 1981, c.21, s.21.
SCHEDULE
Lots 10 to 21, concession 4 and lots 10 to 21, concession 5 in the Town of Haldimand, formerly in the Township of South Cayuga, in The Regional Municipality of Haldimand-Norfolk.
1981, c. 21, Sched.
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