Legislative Assemblée

Assembly législative
of Ontario de l’Ontario
Legislative Library and Research Services Bibliothèque et services de recherches législatives
Information and Technology Services Division Division des services de l’information et de la technologie
Room 2520, Whitney Block Bureau 2520, Edifice Whitney
Queen’s Park Queen’s Park
Toronto, Ontario M7A 1A9 Toronto (Ontario) M7A 1A9
Telephone: (416) 325-3675 Téléphone: (416) 325-3675
Facsimile: (416) 325-3696 Télécopieur: (416) 325-3696
 Legislative Assemblée
Assembly législative
of Ontario de l’Ontario
Legislative Library and Research Services Bibliothèque et services de recherches législatives
Information and Technology Services Division Division des services de l’information et de la technologie
Room 2520, Whitney Block Bureau 2520, Edifice Whitney
Queen’s Park Queen’s Park
Toronto, Ontario M7A 1A9 Toronto (Ontario) M7A 1A9
Telephone: (416) 325-3675 Téléphone: (416) 325-3675
Facsimile: (416) 325-3696 Télécopieur: (416) 325-3696

180470F2
November 30, 2018
 Legislative Assemblée
Assembly législative
of Ontario de l’Ontario
Legislative Library and Research Services Bibliothèque et services de recherches légi
Information and Technology Services Division Division des services de l’information et de la tech
Room 2520, Whitney Block Bureau 2520, Edifice W
Queen’s Park Quee
Toronto, Ontario M7A 1A9 Toronto (Ontario) M
Telephone: (416) 325-3675 Téléphone: (416) 32
Facsimile: (416) 325-3696 Télécopieur: (416) 32

MEMORANDUM TO: Jeff Burch, MPP

Niagara Centre

FROM: Research Officer

SUBJECT: Appointments to Conservation Authorities

(OIC 2706/94)

As discussed, you asked for my comments on the effect of Order-in-Council

2706/94 (attached below).

OC-2706-1994.pdf

OIC 2706/94 states that it was made in connection with s. 8 of the Conservation
Authorities Act. Section 8 provides that the participating municipalities of a
Conservation Authority (CA) may

 designate two or more municipalities (from among the

participating municipalities) as a single municipality for the
purpose of appointing a member to a CA; and

 establish the process designated single municipalities are to

follow when appointing members to a CA.

OIC 2706/94 established five groups of municipalities (from municipalities

located within three Regional Municipalities) as single municipalities for the
purpose of appointing members to the Niagara Peninsula Conservation Authority
(NPCA):

 In the Regional Municipality of Haldimand-Norfolk — the Town

of Dunnville and the Town of Haldimand were designated as one
municipality, jointly responsible for appointing one member.
Legislative Library and Research Services 2

 In the Regional Municipality of Hamilton- Wentworth — the City

of Stoney Creek, the Town of Ancaster, and the Township
Glanbrook were designated as one municipality, jointly
responsible for appointing two members.

 In the Regional Municipality of Niagara:

 the City of Niagara Falls and the Town of Fort Erie were
designated as one municipality, jointly responsible for
appointing four members;
 the City of Port Colborne, the City of Welland, the Township
of Wainfleet, the Town of Pelham, the City of Thorold, and
the Township of West Lincoln were designated as one
municipality, jointly responsible for appointing four members;
and
 the City of St. Catharines, the Town of Lincoln, the Town of
Grimsby, and the Town of Niagara-on-the-Lake were
designated as one municipality, jointly responsible for
appointing four members.

OIC 2707/94 also established the following process the designated single
municipalities were to follow when making appointments to the NPCA:

 At the call of the Chair of the NPCA, the heads of council (e.g.,
mayors) of all municipalities within a designated group were to
meet to appoint members to the NPCA.

 For the purposes of these meetings, a quorum was one-half of the

heads of council (or their delegates) of the municipalities within a
group, and a majority vote of the municipal representatives
present was required to appoint a member to the NPCA board.

It appears that municipal restructuring since 1994 has rendered OIC 2706/94 out-
of-date. Specifically:

 In 2001 the Regional Municipality of Haldimand-Norfolk

(including the Town of Dunnville and the Town of Haldimand)
was dissolved and replaced by the new Town of Haldimand (a
municipality that has both city and local municipality status).1

 In 2001 the Regional Municipality of Hamilton-Wentworth

(including the City of Stoney Creek, the Town of Ancaster, and
the Township Glanbrook) was dissolved and replaced by the new
City of Hamilton.2

As a result of these amalgamations, OIC 2706/94 may no longer be in effect.

1
Town of Haldimand Act, 1999.
2
City of Hamilton Act, 1999.
Appointments to Conservation Authorities 3

If I can be of further assistance, please contact me at