Bill 86                                                          2016

An Act to amend the Conservation Authorities Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
  1.  Section 14 of the Conservation Authorities Act is amended by adding the following subsections:
Same
  (3.1)  At least half of the members of an authority shall have significant training, experience or employment history in an environmental or natural resource field.
.     .     .     .     .
Termination of existing appointments
  (4.1)  Despite subsection (1), within six months after the appointment requirement in subsection (3.1) comes into force, the respective councils of the participating municipalities shall terminate all existing appointments and make new appointments in accordance with this section.
Eligibility for reappointment
  (4.2)  A member whose appointment is terminated in accordance with subsection (4.1) is eligible for reappointment to fill the vacancy created by the termination if they meet the qualifications in this section.
Deemed to be continuously appointed
  (4.3)  For the purpose of the term limit in subsection (4), a member whose appointment is terminated in accordance with subsection (4.1) and who is reappointed to fill the vacancy created by the termination is deemed to have been continuously appointed from the time the terminated appointment began, minus the time between the termination and reappointment.

Commencement
  2.  This Act comes into force six months after the day it receives Royal Assent.
Short title
  3.  The short title of this Act is the Conservation Authorities Amendment Act, 2016.

EXPLANATORY NOTE
The Bill amends the Conservation Authorities Act to require that at least half the members of a conservation authority have significant training, experience or employment history in an environmental or natural resource field. The Bill also requires that all existing appointments be terminated and allows those members whose appointments are terminated in this manner to be reappointed if they meet the new qualifications.


Conservation Authorities Act
Members of authority
14. (1) Members of an authority shall be appointed by the respective councils of the participating municipalities in the numbers prescribed by subsection 2 (2)[1] for the appointment of representatives, and each member shall hold office until the first meeting of the authority after the term for which he or she was appointed has expired. R.S.O. 1990, c. C.27, s. 14 (1).
Changes in number of members
(2) The total number of members of the authority and the number of members that each participating municipality may appoint shall be adjusted as required to ensure compliance with subsection (1) if the municipalities that are participating municipalities change or the population of a participating municipality changes. 2001, c. 9, Sched. K, s. 1 (6).
Agreement on number of members
(2.1) Despite subsections (1), (2) and (5), the total number of members of the authority and the number of members that each participating municipality may appoint may be determined by an agreement that is confirmed by resolutions passed by the councils of all of the participating municipalities. 2001, c. 9, Sched. K, s. 1 (6).
Qualification
(3) Every member of an authority shall be resident in a participating municipality in which the authority has jurisdiction. R.S.O. 1990, c. C.27, s. 14 (3).

2016-2017 AMENDMENT
Same
  (3.1)  At least half of the members of an authority shall have significant training, experience or employment history in an environmental or natural resource field.
Term
(4) No member of an authority shall be appointed to hold office for more than three years at any one time. R.S.O. 1990, c. C.27, s. 14 (4).

2016-2017 AMENDMENT
Termination of existing appointments
  (4.1)  Despite subsection (1), within six months after the appointment requirement in subsection (3.1) comes into force, the respective councils of the participating municipalities shall terminate all existing appointments and make new appointments in accordance with this section.
Eligibility for reappointment
  (4.2)  A member whose appointment is terminated in accordance with subsection (4.1) is eligible for reappointment to fill the vacancy created by the termination if they meet the qualifications in this section.
Deemed to be continuously appointed
  (4.3)  For the purpose of the term limit in subsection (4), a member whose appointment is terminated in accordance with subsection (4.1) and who is reappointed to fill the vacancy created by the termination is deemed to have been continuously appointed from the time the terminated appointment began, minus the time between the termination and reappointment.

Where part of municipality in authority’s area
(5) Where part only of a municipality is situated in an area over which an authority has jurisdiction, the number of members appointed for the municipality shall be based on the population of that part only of the municipality, and the population shall be deemed to be the same proportion of the total population of the whole municipality as the area of that part of the municipality is of the total area of the municipality. R.S.O. 1990, c. C.27, s. 14 (5).
(6) Repealed: 1996, c. 1, Sched. M, s. 42.



Conservation Authorities Amendment Act, 2016