GREATER VANCOUVER SEWERAGE AND DRAINAGE DISTRICT ACT

Transcription

1 PDF Version [Printer-friendly - ideal for printing entire document] GREATER VANCOUVER SEWERAGE AND DRAINAGE DISTRICT ACT Published by As it read between October 1st, 2008 and June 2nd, 2010 Updated To: Important: Printing multiple copies of a statute or regulation for the purpose of distribution without the written consent of is strictly prohibited. Quickscribe offers a convenient and economical updating service for those who wish to maintain a current collection of hard copy legislation. Go to for more details.

2 GREATER VANCOUVER SEWERAGE AND DRAINAGE DISTRICT ACT CHAPTER 59 [SBC 1956] As it read between October 1st, 2008 and June 2nd, 2010 [includes 2008 Bill 27, c. 23 amendments (effective Oct. 1, 2008)] Contents Note Short title 1. Short title Interpretation 2. Interpretation Incorporation 3. Incorporation 4. Seal Area 5. Area and membership Objects 6. Objects 6.1 Contributions towards UBC sewerage costs Powers 7. Powers 7.A Further objects 7.B Solid waste disposal levies 7.C Liquid waste disposal fees and levies Administration and Management 8. Organization and management 9. Repealed 10. Chairman and officers and 12. Repealed 13. Continuance of Board 14. Board procedure 15. Authentication of by-law 16. Certification of by-law Page 2 of 36

3 16.A Committees 17. Commissioner 18. Secretary 19. Solicitor 20. Treasurer 21. Service of process 22. Corporate seal 23. Repealed Further Powers of the Corporation 24. Further powers 25. Sewers and drains 26. Expropriation powers 27. Use of streets 28. Change of watercourse 29. Members' sewers and drains 30. Control of members' sewers and drains 31. Sewerage and drainage areas 32. Sewerage and drainage area plans 33. Recommendation of the Commissioner 34. Repealed Financial 34.1 Reserve and special reserve funds 35. Borrowing in anticipation of revenue 36. Financing of objects of Corporation 37. Signing of debentures 38. Taking effect of by-law 39. Characteristics and payment of debentures 40. Refunding of securities 41. Evidence of by-law 42. Validity of debentures 43. Validity of debenture by-law 44. Certificate of secretary 45. Hypothecation or pledge of debentures 46. Deposit of proceeds of debentures 47. Provincial guarantee 48. Charging section 49. Indebtedness of Corporation not to be recited in a municipal by-law 50. Repealed 50.A Computing exchange of currency 51. Investments 52. Trustee investment Annual estimate 53. Annual estimate Page 3 of 36

4 54. Apportionment of annual estimate 55. Determination of apportionment 56. Payment of annual estimate 57. Recovery of annual estimate 58. Powers of receiver Development Cost charges 58.1 Definitions 58.2 Corporation may impose development cost charges 58.3 Agreement with municipality to replace development cost charges with municipal tax or charge 58.4 Setting amount of development cost charges 58.5 Adoption procedures for development cost charge by-law 58.6 Use of development cost charges Appeal 59. Right of member to complain to inspector Accounts 60. Annual audit 61. Employee benefit contributions General 62. Repealed 62.A Assignment of directions and powers 63. Repealed 64. No interest in contracts 65. Exemption from property taxes 66. Additional members 67. Vesting of property 68. Superannuation 68.A Registration of estate and interest in land acquired by Corporation Saving Provisions 69. Repeal and saving provisions 69.A Board may delegate powers 70. Commencement Note [Prepared for convenience. Note: This Act has not been revised as part of the Revised Statutes 1996.] Page 4 of 36

5 Short title Short title 1. This Act may be cited as the "Greater Vancouver Sewerage and Drainage District Act." Interpretation Interpretation 2. In this Act, unless the context otherwise requires: - Incorporation "Board" means the Administration Board constituted under this Act: "Chairman" means the Chairman of the Board: "Corporation" means the Greater Vancouver Sewerage and Drainage District constituted under this Act: "Debenture-year" means any twelve-month period calculated from the date of the debenture or other security of the Corporation: "Facilities" includes drains, ditches, sewers, intercepting-sewers, sewage treatment and disposal plants and works, liquid and solid waste disposal plants and works, pumping-stations, transfer stations, incinerators, recycling and composting plants and other works necessary thereto, and outlets for carrying off, treating, and disposing of drainage and sewage, and any other and all works, structures, lands, and conveniences incidental and necessary to the completion of sewerage, drainage, or waste disposal systems: "Member municipality" means a municipality that is a member of the Corporation: "Street" shall include any highway, and any public bridge, and any boulevard, square, mew, court, road, lane, alley, or passage, whether a thoroughfare or not: "Temporary security" means any debenture or other security of the Corporation, the entire principal amount of which is payable at a fixed date not more than five years from the date thereof: "waste" includes, whether in liquid or solid form, garbage and noxious, offensive, unwholesome, or discarded matter: "Watercourse" shall include any river, stream, creek, or lake, whether ordinarily carrying or containing water or not ; Incorporation 3. There is hereby created and constituted a body corporate and politic under the name of the "Greater Vancouver Sewerage and Drainage District," with the objects, powers, and mode of management set forth in this Act Page 5 of 36

6 Seal 4. The Corporation and its successors shall have perpetual succession and also a common seal, with power to modify and alter the same at will Area and membership Area 5. (1) The area of the Corporation shall include the respective areas within the territorial limits of the following municipalities, which municipalities shall be the members of the Corporation, that is to say:- (a) City of Vancouver: (b) The Corporation of the District of Burnaby. (2) The University Endowment Lands as defined in the "University Endowment Lands Administration Act Amendment Act, 1950," being chapter 76 of the Statutes of 1950, shall also be deemed to be a part of the said area, subject to the limitations set out in this Act Objects Objects 6. (1) The objects of the Corporation shall be the construction, maintenance, operation, and administration of the major sewerage and drainage facilities of the Corporation in substantial accordance with the report of a board of engineers comprised of Charles Gilman Hyde, John Oliver, and A. M. Rawn submitted to the Chairman and members of the Vancouver and Districts Joint Sewerage and Drainage Board established by the "Vancouver and Districts Joint Sewerage and Drainage Act," by letter dated the sixteenth day of September, 1953, a copy of which report has been filed in the office of the Provincial Secretary, and which, for the purpose of identification, has been signed by T. V. Berry, Chairman of the said Vancouver and Districts Joint Sewerage and Drainage Board, at the time of the said submission, in so far as it relates to the area of the Corporation. (1.a) In addition to the objects under subsection (1), the Corporation has as objects to acquire, hold, manage and dispose of all or part of the land, improvements, personal property or other property, and any interest or right in or with respect to Ashcroft Ranch. (1.b) The Lieutenant Governor in Council, by regulation, may define "Ashcroft Ranch" for the purposes of subsection (1a) and section 7 (2a). (2) The Corporation shall have the right to perform work requisite to its function but not included in the report referred to in subsection (1) of this section and to amend or vary any of the projects recommended in the said report in a manner which is not inconsistent with the objects of the said report, but only with the sanction of a by-law of the Board passed by a majority of not less than 2/3 of the votes cast. (3) The Corporation may authorize a member municipality to provide facilities which are consistent with the intent of this Act at any time at the cost of the municipality Page 6 of 36

7 (AM) Dec 04/06 concerned. (4) The Corporation and the Minister of Lands and Forests may enter into agreements for the carrying-out of the objects of the Corporation within the University Endowment Lands, and for the sharing of apportioned costs. Any such agreements shall be subject to the approval of the Lieutenant-Governor in Council. (5) The Corporation and the University of British Columbia may enter into agreements for the carrying-out of the objects of the Corporation within the university site. (6) If, by January 31 of any year, there is no agreement under subsection (5) in force with respect to that year, the Corporation may apportion sums to the University of British Columbia under this Act as if (a) (b) the university were a member municipality of the Corporation, and the university site were the area of a member municipality of the Corporation. (7) The University of British Columbia must pay to the Corporation those sums apportioned to it under subsection (6) as if the university were a member municipality of the Corporation. (8) If a sum of money apportioned under subsection (6) is not paid by the due date, (a) (b) the sum bears interest, from that date until the date of payment, at the rate of six per cent per year, and subject to subsection (9), the sum may be recovered by the Corporation under section 57 (1) as if the University of British Columbia were a member municipality of the Corporation. (9) The Corporation may not enforce payment of a sum referred to in subsection (8) by the appointment of a receiver. (10) The University of British Columbia may, in respect of a sum of money apportioned under subsection (6), make a complaint under section 59 as if the university were a member municipality of the Corporation. (11) In this section, "university site" means all lands within the following described areas of Group 1, New Westminster District: (a) District Lot 3044; (b) District Lot 3045A; (c) District Lot 4804; (d) District Lot 4805; (e) District Lot 4806; (f) District Lot 6494, except that part in Plan 11469; (g) District Lot 7184; (h) that part of Marine Drive shown on Reference Plan 2363 and located southwest of District Lot ; ; ; ; B.C. Reg. 337/2006. Contributions towards UBC sewerage costs 6.1 (1) In this section, "lessee" means a person who, before May 19, 1999, entered into a lease or other agreement with the University of British Columbia under which the person acquired a right to the use and enjoyment of any land within the university site, as defined in section 6 (11), but does not have to pay for the sewerage costs associated with that use and enjoyment of the land. (2) For the duration of a lease or other agreement to which this section applies, the lessee must pay to the University of British Columbia, by August 1 of each Page 7 of 36

8 Powers calendar year, the lessee's proportionate share of the sewerage costs that the university is required to pay (a) under an agreement entered into under section 6 (5), or (b) under section 6 (7) in relation to a sum apportioned under section 6 (6). (3) The requirement to pay under subsection (2) applies despite the terms of any lease or other agreement to which this section applies Powers 7. (1) The Corporation has all the rights and is subject to all the liabilities of a corporation and (a) may sue and be sued; (b) (c) (d) may acquire, hold, and use any property of any nature whatsoever within or without its area for any of the purposes of its objects; may from time to time alienate any of its assets that, in the opinion of the Corporation, are no longer necessary or advantageous for its purposes; may enter into agreements or contracts with any person; (e) may exercise, carry out, fulfil, and give effect to all the powers, rights, duties, and obligations in and conferred by this Act expressly or by necessary implication or intendment; and (f) may generally, in nowise limited by the foregoing, do all things necessary to attain the objects of the Corporation. (1.a) Section 48 does not apply with respect to assets alienated under subsection (1). (1.b) Sections 186 and 187 of the Local Government Act apply to the land that is proposed to be alienated under subsection (1) (c). (2) In addition to its other powers, the Corporation shall have the following powers:- (a) (b) (c) (d) To finance, design, and construct sewerage and drainage facilities in addition to those requisite for its function for any member municipality at the sole and exclusive cost of such municipality and upon the request of such municipality; and To finance, construct, maintain, operate, and administer sewerage and drainage facilities for the Crown within or without the area of the Corporation at the sole and exclusive cost of the Crown; and To establish the uses to which its facilities may be put and by whom they may be used. In addition to the general borrowing powers provided for in section 36, by by-law of the Board with the recommendation of the Commissioner and the approval of the Lieutenant-Governor in Council, to borrow moneys and pay interest thereon for the purpose of effecting the powers vested in the (2.a) In addition to the other powers under this section, the Corporation has the power to carry on the business of ranching and any other agricultural business ancillary to ranching, and to carry out agricultural research, on all or any part of Ashcroft Ranch. (3) Each member municipality shall, in addition to its other powers, have the power to request the Corporation to finance, design, and construct sewerage and Page 8 of 36

9 drainage facilities in the whole or any specified area of the municipality for the municipality at the sole and exclusive cost of the municipality, and the Council of such municipality may, by by-law adopted with the assent of the electors, cause such municipality to enter into an agreement with the Corporation for such purpose, providing, inter alia, that the financial obligation which the Corporation shall incur, whether for principal, interest, or otherwise, by reason of its financing, designing, and constructing any such facility shall be a liability of such municipality, and shall be money due and payable by such municipality to the Corporation under or pursuant to this Act during a period not exceeding thirty years, and the municipality shall raise the moneys to pay the said liability by levying rates upon the lands or lands and improvements within the municipality or the specified area thereof or in some other manner authorized by law. (4) The powers conferred upon the Corporation and its member municipalities respectively by this section for financing, designing, and constructing sewerage and drainage facilities may be exercised all together, separately, or one with another. (5) The assent of the owner-electors is only required to a by-law under subsection (3) if the liability incurred by the member municipality to the Corporation under the agreement cannot be met from municipal revenue for the current year and any of the accumulated revenue surplus of prior years appropriated for the annual budget or the annual budget as amended ; ; ; ; ; ; ; ; ; ; Further objects 7.A (1) The objects of the Corporation shall also be the disposal of all types of waste in substantial accordance with a report of the board of engineers composed of M.J.J. Dayton, R.M. Martin, and F.R. Bunnell, dated the thirteenth day of June, 1973, a copy of which has been filed in the office of the Provincial Secretary, and which, for the purpose of identification, has been signed by F.R. Bunnell, Commissioner of the Greater Vancouver Sewerage and Drainage District, and the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste. (2) The Corporation shall have the right to perform work requisite to its function but not included in the report referred to in subsection (1) and to amend or vary any of the projects recommended in the report in a manner which is not inconsistent with the objects of the report, but only with the sanction of a by-law of the Board passed by a majority of not less than 2/3 of the votes cast. (3) The Corporation may, by by-law passed by a majority of not less than 2/3 of the votes cast, regulate the planning, construction, maintenance, operation, and administration of all waste disposal facilities within the area of the Greater Vancouver Regional District. (4) The Corporation may authorize a member municipality to provide facilities which are consistent with the intent of this Act at any time at the cost of the municipality concerned. (5) In addition to its other powers, the Corporation shall have the following powers: (a) (b) To finance, design, construct, maintain, operate, and administer waste disposal facilities for the Crown in right of the Province within or without the area of the Corporation at the sole and exclusive cost of the Crown: Page 9 of 36

10 To establish the uses to which its waste disposal facilities may be put and by whom they may be used: (c) In addition to the general borrowing powers provided for in section 36, by by-law of the Board, with the recommendation of the Commissioner and the approval of the Lieutenant-Governor in Council, to borrow moneys and pay interest thereon for the purpose of carrying out the powers vested in the Corporation by this subsection: (d) To purchase or otherwise acquire waste disposal facilities of member municipalities and others: (e) To enter into agreements with member municipalities to provide for the collection and removal of waste by the Corporation for and on behalf of, and at the sole cost and expense of, those members municipalities: (f) To enter into agreements with a municipality and any other person relating to the removal and disposal of waste, within or without the area of the Corporation: (g) To establish scales of charges for services rendered by the Corporation and for the use of any of the waste disposal facilities of the Corporation. (6) The Corporation shall have all of the rights, powers, and obligations necessary to carry out the function of waste disposal, and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste as the Corporation has for the carrying out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities, and the provisions of this Act relating to the carrying out of the construction, maintenance, operation, and administration of major sewerage and drainage facilities apply, with the necessary changes and so far as they are applicable, to the function of waste disposal and for the purchase, construction, operation, maintenance, and administration of facilities for the disposal of all types of waste. (7) For the purposes of planning for, regulating, storing and managing solid waste and recyclable material under the Environmental Management Act, the Corporation is deemed to be a regional district ; ; ; (BC Reg 317/04). Solid waste disposal levies 7.B (1) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of solid waste generated within its area or within a municipality that has contracted with the Corporation for the disposal of solid waste from the municipality: (a) set levies payable by generators of waste or by other persons who use the services of a waste hauler; (b) set rates or levels of levies based on the quantity, volume, type or composition of waste generated, on the fees charged by the applicable waste hauler for its services or on any basis prescribed by regulation under subsection (4); (c) vary levies by class of persons, operations, activities, industries, trades, businesses or wastes; (d) require waste haulers to (i) act as agents of the Corporation in collecting levies under this section, Page 10 of 36

11 (e) (f) (ii) (iii) remit levies to the Corporation in accordance with the by-law, maintain records in accordance with the by-law, and (iv) permit an employee or agent of the Corporation to inspect and make copies of these records during normal business hours for the waste hauler; set conditions respecting the collection and remittance of levies by waste haulers and compensation to the haulers for this service; establish fines for failure to comply with a by-law under this section. (2) For the purposes of this section, a "waste hauler" means (a) a municipality, including the City of Vancouver, that picks up, transports or delivers waste, or (b) a person who, on a commercial basis, picks up, transports or delivers waste. (3) Section 267 of the Local Government Act applies to a by-law under this section as if the Corporation were a regional district. (4) The Lieutenant Governor in Council may make regulations for the purposes of subsection (1) (b) ; (BC Reg 301/99); ,Sch; (BC Reg 465/03). Liquid waste disposal fees and levies 7.C (1) For the purposes of this section: "liquid waste" means sewage or waste water; "sewerage facility" means (a) any work, service or plant of the Corporation for conveying, disposing of or treating liquid waste, and (b) any work, service or plant connected to a work, service or plant referred to in paragraph (a). (2) In addition to its other powers, the Corporation may, by by-law, exercise one or more of the following powers in relation to the disposal of liquid waste discharged into or treated by a sewerage facility: (a) set fees payable by persons who discharge liquid waste into a sewerage facility or whose liquid waste is treated by a sewerage facility; (b) set rates or levels of fees based on (c) (d) (e) (i) (ii) (iii) the quantity, volume, type, concentration or composition of liquid waste discharged or treated, the sewerage and drainage area, the type of sewerage facility, or (iv) any other basis prescribed by regulation under subsection (5); vary fees by class of persons, operations, activities, industries, trades, businesses, works or wastes; set fees for inspections and testing required to determine whether there is compliance with a waste regulatory by-law; establish fines for failure to comply with a by-law under this section. (3) Section 267 of the Local Government Act applies to a by-law under this section as Page 11 of 36

12 (AM) Mar 28/06 if the Corporation were a regional district. (4) The Corporation may enter into agreements respecting the discharge into or the treatment of liquid waste by a sewerage facility including, without limiting this authority, agreements that provide exceptions to a by-law under this section. (5) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) (iv) ; ,Sch; (BC Reg 465/03). Administration and Management Organization and management 8. (1) The powers and functions of the Corporation shall be exercised and discharged by an Administration Board consisting of those persons who are Directors for each municipality within the Greater Vancouver Sewerage and Drainage District on the Regional Board of the Greater Vancouver Regional District together with the person referred to in subsection (2). (2) For the purpose of subsection (1), the Director representing Electoral Area A (University Hill) on the Regional Board of the Greater Vancouver Regional District shall be a member of the Board. (3) The regional district director of a municipality within the Greater Vancouver Sewerage and Drainage District that is not a member municipality of the Greater Vancouver Regional District shall be a member of the Board as if the municipality were a member municipality of the Greater Vancouver Regional District; but, where that municipality is entitled to more than one Regional Board Director, the Council shall determine which director shall be a member of the Board. (3.a) Subsection (3) comes into force on the first day of January, (4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 783 of the Local Government Act applies. (5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 237.1, 791 (15), 792 and 793 of the Local Government Act apply to the Board. (5.1) The following documents must be made available for public inspection: (a) (b) gift disclosure statements required under section 106 (2) of the Community Charter, as that section applies under subsection (5); minutes of a board meeting, or a part of a board meeting, that is not closed under section 90 of the Community Charter, as that section applies under subsection (5). (6) A member of the Board who votes must cast all available votes for the same objective. (7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 786 and 787 of the Local Government Act apply as if an alternate member were an alternate director ; ; ; ; ; ; ; ; Page 12 of 36

13 Repealed 9. Repealed. [ ] Chairman and officers 10. (1) Subject to subsections (2) and (3), the Chairman, Deputy Chairman, Secretary, Treasurer, and other officers and officials for the time being of the Greater Vancouver Regional District shall be respectively the Chairman, Deputy Chairman, Secretary, Treasurer, and officers and officials of the Board. (2) Where the Chairman or the Deputy Chairman of the Greater Vancouver Regional District is a Director representing a municipality that is not within the Greater Vancouver Sewerage and Drainage District, the Board shall elect a Chairman or a Deputy Chairman. (3) If the Board, under subsection (2), elects the Deputy Chairman of the Greater Vancouver Regional District as Chairman of the Board of Administration, the Board shall elect a Deputy Chairman. (4) Sections 788, 789 and 790 of the Local Government Act apply to the Board and, for these purposes, the Chairman, Deputy Chairman, members and alternate members of the Board are to be considered directors within the meaning of those sections. (4.1) A member of the Board may not receive remuneration, reimbursement or expenses from more than one of the Greater Vancouver Regional District, the Greater Vancouver Sewerage and Drainage District and the Greater Vancouver Water District in respect of the same matter or concurrent meetings. (5) In subsection (4), a reference to a provision that was amended or repealed by the Local Government Statutes Amendment Act, 2000 is deemed to be a reference to the provision as it read immediately before the amendment or repeal and, for these purposes, the provision is deemed not to have been amended or repealed by that Act ; ; ; ; ; ,Sch.; and 12. Repealed 11. Sections 11. and 12 Repealed. [ ] Continuance of Board 13. The Board shall be deemed and considered to be as always continuing and existing, and the members of the Board shall hold office until their successors are duly appointed, and upon the appointment of such successors the Board may take up and carry to completion all by-laws, reports, and other proceedings which had been taken up or had been under consideration by the Board; and it shall not be necessary to consider or begin de nova any by-law, proceeding, report, matter, or thing entertained by the Board subsequent or prior to any annual or other appointment as aforesaid Board procedure Page 13 of 36

14 (AM) Mar 28/06 (AM) Mar 28/ (1) In cases specially so required by this Act, the Board shall proceed by by-law, otherwise it may proceed by by-law, resolution, or order. At any meeting of the Board a by-law, resolution, or order put to the vote of the meeting shall, except as otherwise particularly provided herein, be decided, carried, or passed by a majority of the votes cast. The Board may from time to time enact, make, alter, repeal, amend, vary, and re-enact such by-laws, resolutions, or orders as the Board may consider necessary or expedient for the carrying-on, management, and regulation of the business and affairs of the Corporation, and the carrying-out of its objects, in accordance with and subject to the provisions of this Act. (2) Section 135 (1), (3), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and section 794 (3) of the Local Government Act apply to the Corporation. (2.1) By-laws of the Corporation must be available for public inspection. (3) Except as otherwise provided in this Act, the business of the Board shall be conducted in accordance with the procedure established in the procedural by-law of the Greater Vancouver Regional District under section 794 of the Local Government Act ; ; ; ; ,Sch.; ; Authentication of by-law 15. Every by-law shall be under the seal of the Corporation, and shall be signed by the Chairman, or by the person presiding at the meeting at which the by-law has been passed, and by the Secretary or Assistant Secretary Certification of by-law 16. A copy of any by-law, resolution, or order written or printed, and under the seal of the Corporation, and certified by the Secretary or Assistant Secretary to be a true copy, shall be received as prima facie evidence in any Court of justice without proof of the seal or signature Committees 16.A (1) The Board shall, when authorized by a by-law adopted by an affirmative vote of at least 2/3 of the votes cast at a meeting of which notice of the by-law has been given, delegate authority to a committee, with such restrictions or conditions as are specified in the by-law, to exercise any of the executive or administrative powers of the Board. (2) In a by-law under subsection (1) provision may be made for appointing as a member of a committee a person not being a member of the Board so long as he is a mayor or alderman of a municipality within the Greater Vancouver Sewerage and Drainage District ; Commissioner 17. (1) Page 14 of 36

15 Subject to the control of the Board, the affairs and business of the Corporation shall be under the management of a Commissioner (herein referred to as the "Commissioner"). (2) The first Commissioner shall be the person holding at the time of the coming into force of this Act the office of Chairman of the Vancouver and Districts Joint Sewerage and Drainage Board established by the "Vancouver and Districts Joint Sewerage and Drainage Act," and shall hold office until removed by the Board. Each succeeding Commissioner shall be appointed by the Board. (3) The Commissioners shall be entitled to attend the meetings of the Board, and take part in the discussion, but not to vote. (4) The Commissioner shall hold office continuously until removed by the Board, notwithstanding anything to the contrary contained in the "Municipal Superannuation Act" or any other Act. (5) Repealed. [ ] ; ,22. Secretary Solicitor Treasurer 18. In addition to the duties and powers established by the Board, the Secretary has the duties and powers of a regional district corporate officer The Board may appoint a solicitor and counsel of the Corporation, each to hold office during the pleasure of the Board ; In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of a regional district financial officer Service of process 21. A process against the Corporation shall be served upon the Chairman or the Commissioner or the Secretary of the Corporation Corporate seal Repealed 22. (1) The Secretary shall be the custodian of the corporate seal. (2) The Secretary shall cause the corporate seal to be affixed to a document when required by law or by resolution of the Board Repealed [ ] Page 15 of 36

16 Further powers Further Powers of the Corporation 24. The Corporation shall have power, within or without its area, at any time to enter upon any lands, streets, waters, or watercourses, without the consent of the owner thereof, for the purpose of making surveys and other examinations to determine whether or not the same are required in the carrying-out of its objects or the exercise of its powers ; Sewers and drains 25. The Corporation may from time to time enlarge, lessen, alter the course of, cover in, or otherwise improve any sewer or drain of the Corporation, and may discontinue, close up, or destroy any such sewer or drain that has, in the opinion of the Corporation, become unnecessary; but in such case compensation, or a sewer or drain as effectual, shall be provided for any municipality having a sewer or drain connected with the sewer or drain so discontinued, closed up, or destroyed Expropriation powers 26. (1) The Corporation shall have power to expropriate any land, watercourse, sewer, or drain within its area or without its area after notice has been given to the municipality in which the land is situate for any of the purposes of its objects. (2) to (5) Repealed. [ ] ; ; Use of streets 27. (1) The Corporation may carry any sewer, drain, or other works through, across, or under any street, in such manner as not unnecessarily to obstruct or impede travel thereon, and may enter upon and dig up any street for the purpose of laying sewers, drains, or other works and of maintaining, repairing, and reviewing the same. In entering upon and digging up any street, the Corporation shall be subject to such reasonable regulations as may be made by the Council of the municipality wherein such street shall be situate. Before entering upon any street for the purpose of laying a sewer, drain, or other works, the Corporation shall give at least thirty days' notice of such contemplated action to such municipality, but it shall be lawful for such municipality to waive the giving of such notice or to shorten the period thereof. (2) Whenever the Corporation shall dig up any street, it shall, so far as practicable, restore the same to as good a condition as the same was in before such digging began; and the Corporation shall at all times indemnify and save harmless the several municipalities within which such streets are situated against all damage which may be recovered against them respectively by reason of anything done or omitted by the Corporation, and shall reimburse them for all expenses which they Page 16 of 36

17 may incur by reason of any defect or want of repair of any street caused by the construction of any of the sewers, drains, or other works, or by the maintaining or repairing of the same. (3) No compensation other than as provided in this section shall be made by the Corporation in respect of anything done by the Corporation under this section Change of watercourse 28. The Corporation may close or may change the width, depth, grade, or direction of any watercourse, subject to the provisions of the "Water Act." Members' sewers and drains 29. (1) A member municipality shall not construct a new sewer or drain or make any alteration, connection, or extension to an existing sewer or drain until it has submitted plans and particulars to the Corporation on forms supplied by the Corporation and the plans and particulars have been approved by the Corporation. (2) Subject to the direction, control, and regulation of the Corporation, every member municipality shall connect its sewers and drains with a sewer or drain of the Corporation Control of members' sewers and drains 30. If a member municipality constructs a new sewer or drain, or alters, connects, or extends an existing sewer or drain, without the approval of the Corporation, or fails to connect any of its sewers or drains with a sewer or drain of the Corporation, the Corporation may, at any time after such construction, alteration, connection, extension, or failure has been discovered by the Corporation, give notice in writing to the municipality by whom such construction, alteration, connection, extension, or failure was made, requiring such municipality to carry out such works as the Corporation may deem necessary as a consequence of such construction, alteration, connection, extension, or failure; and if such notice is not complied with, the Corporation may do said works at the expense of the municipality in default, and may recover from such municipality the expense thereof in any Court of competent jurisdiction Sewerage and drainage areas 31. The Corporation may from time to time establish and fix the boundaries of the sewerage and drainage areas required to carry out its objects, and may from time to time disestablish or alter the boundaries of such sewerage and drainage areas Sewerage and drainage area plans 32. The Corporation, on establishing a sewerage or drainage area, shall file in the Land Registry Office of the land registration district in which the lands comprised therein are situate a plan showing such sewerage or drainage area, and, on Page 17 of 36

18 disestablishing or altering the boundaries of a sewerage or drainage area, shall in like manner file an amended plan showing the sewerage or drainage area as disestablished or altered. Each such plan or amended plan shall be sent to the member municipality in which the sewerage or drainage area is situate Recommendation of the Commissioner Repealed 33. No facilities of the Corporation shall be constructed, no land shall be acquired, and no sewerage or drainage area shall be established unless the Corporation has received the report from the Commissioner, or the time for receiving the report has expired ; Repealed. [ ] Reserve and special reserve funds Financial 34.1 (1) Subject to subsection (1.1), the Corporation may, by by-law, establish reserve funds and for these purposes sections 188 (1) [establishment of reserve funds], 189 [use of money in reserve funds] and 191 [liability for use of money contrary to Act] of the Community Charter apply. (1.1) For the purpose of subsection (1), a reference in section 189 (5) of the Community Charter to a fund required under section 188 (2) (a) of that Act is a reference to a fund established under section 58.6 of this Act. (2) In addition to any amounts that may be paid into a reserve fund under subsection (1), amounts included in the annual budget for the purpose of a reserve fund may be paid into the fund ; ; ,Sch.; Borrowing in anticipation of revenue 35. The Corporation may, by resolution or by-law, borrow in the course of any year in anticipation of the collection of its revenue or its estimates for such year such sum of money as it may require to meet its lawful expenditures, by the issue of promissory notes or any similar form of obligation or security under the seal of the Corporation and signed by the Chairman or the Commissioner and the Treasurer or Assistant Treasurer, or signed by some other person authorized by resolution or by-law to sign the same, and each such promissory note or other obligation or security shall be valid and binding upon the Corporation according to its tenor; and the Board may, by by-law, resolution, or agreement, designate what revenues or estimates of the Corporation (if any) are charged with the repayment of such promissory notes or other form of obligation or security. Any promissory note or other form of obligation or security so issued may be in such form as the Corporation may from time to time adopt Page 18 of 36

19 Financing of objects of Corporation 36. (1) Subject to subsections (1.1) and (2), the Corporation may, for the purpose of carrying out the objects of the Corporation, by by-law adopted with the approval of the inspector of municipalities, borrow money in the amounts and at the times that the Board considers expedient by the issue and sale of debentures or other securities. (1.1) Debentures or other securities must not be issued unless a report of the Commissioner is received or the time for receiving the report has expired. (2) No moneys shall be borrowed by the Corporation by the issue and sale of debentures or other securities under the authority of subsection (1) if the principal amount thereof when added to the aggregate principal amount of all other debentures or other securities issued by the Corporation under subsection (1) subsequent to the first day of April, 1956, would exceed an amount equal to six per centum of the total assessed valuation of the gross taxable lands and improvements within the area of the Corporation, including the University Endowment Lands, as shown on the last revised assessment rolls for the time being of the several member municipalities and of the University Endowment Lands; provided that nothing in this subsection contained shall in any way limit the power of the Corporation to borrow money and issue debentures or other securities under the authority of subsection (2) of section 7 or section 35, 40, or 45 of this Act. (3) (a) (b) Signing of debentures Notwithstanding anything in this Act contained, every debt incurred and every debenture or other security issued by the Corporation under this Act is and shall be a direct, joint, and several obligation and liability of the Corporation and each and every member municipality, recoverable and enforceable at the suit of any creditor or holder of any debenture or other security in any Court of competent jurisdiction; provided that nothing in this subsection shall affect the rights of the Corporation and the member municipalities respectively as between themselves. Nothing contained in clause (a) hereof shall affect the rights of any creditor or holder of any debenture or other security of the Corporation in respect of debts incurred by the Corporation before the thirty-first day of March, ; ; ; ; All debentures and other securities duly authorized to be issued by the Corporation shall, unless otherwise specially authorized or provided, be sealed with the seal of the Corporation and signed by the Chairman of the Board or a Commissioner. The signature of the Chairman or Commissioner may be engraved, lithographed, or otherwise mechanically reproduced on all the debentures and other securities, and the engraved, lithographed, or otherwise mechanically reproduced signature shall be deemed for all purposes the signature of the Chairman or Commissioner, as the case may be, and is binding upon the Corporation. Each debenture and other security shall be signed also by the Treasurer, Assistant Treasurer, Acting Treasurer, or some other person authorized Page 19 of 36

20 Taking effect of by-law by by-law to sign the same. Each coupon attached to a debenture or other security shall bear the signatures of the Chairman or a Commissioner and the Treasurer, Assistant Treasurer, Acting Treasurer, or some other person authorized by by-law to sign the same, and the signature of any such officer or other person, whether or not he has signed the debenture or other security to which the coupon is attached, may be engraved, lithographed, or otherwise mechanically reproduced on the coupons, and the engraved, lithographed, or otherwise mechanically reproduced signature shall be deemed for all purposes to be the signature of the officer or other person and is binding upon the Corporation ; Every by-law shall name a day when it is to take effect; and if no day is named, the same shall take effect on the day of the final passage thereof Characteristics and payment of debentures 39. (1) Any by-law providing for the incurring of debt under this Act may provide for the issue of debentures or other securities in such amount as will realize net the sum required for the purpose for which the debt is to be incurred, bearing such rate of interest, payable in such currency, in such manner, at such place, at such time, and in such form, all as the Board may deem expedient and provide for in such by-law, and such debentures or other securities may be sold for such sum, whether the same is the face value or less or more than the face value thereof, and on such terms and conditions as the Board by by-law or resolution may determine. (2) A by-law referred to in subsection (1) shall, in respect of debentures or other securities issued under the by-law, (a) provide for raising sufficient money in each debenture year to pay, as it falls due, the interest payable under the debentures or other securities, (b) where the entire principal amount of the debentures or other securities is not payable at one fixed date, provide for raising sufficient money in each debenture year to pay, as they fall due, the instalments of principal or principal amounts that become payable under the debentures or other securities, (c) where the entire principal amount of the debentures or other securities is payable at a fixed date that is more than 5 years but less than 20 years after the date of the issue of the debentures or other securities, provide, subject to subsection (2.1), for raising the amount of money in each debenture year that the Board determines is necessary or desirable to establish and maintain a sinking fund to pay, on that fixed date, some or all of the (d) principal secured by the debentures or other securities, and where the entire principal amount of the debentures or other securities is payable at a fixed date that is 20 years or more after the date of the issue of the debentures or other securities, provide for raising sufficient money to pay, on that fixed date, the full amount of principal secured by the debentures or other securities. (2.1) The amount raised in each debenture year for a sinking fund established under subsection (2) (c) shall be not less than the amount that must be invested in each Page 20 of 36

21 of 25 successive years at the rate of interest referred to in subsection (2.3) to realize, by the end of that 25 years, the amount that would be required to pay, in full, the principal amount secured by the debentures or other securities. (2.2) Where the entire principal amount of debentures or other securities issued under a by-law referred to in subsection (1) is payable at a fixed date that is not more than 5 years after the date of the issue of the debentures or other securities, the Board may, but need not, provide in the by-law for raising the amount of money in each debenture year that the Board determines is necessary or desirable to establish and maintain a sinking fund to pay, on that fixed date, some or all of the principal secured by the debentures or other securities. (2.3) The amount of money to be raised annually for a sinking fund created under this section shall be determined with reference to interest being paid on the sinking fund investment at a rate of not more than 5% per annum capitalized annually. (2.4) The Board shall in each fiscal year review all of the sinking funds created under this section and determine whether additional money should be raised in the current debenture year to satisfy the requirements of this section. (3) Any such by-law may provide that the Corporation shall have the right, at its option, to redeem the whole or, at any time or from time to time, any part of the debentures or other securities thereby authorized on any date in advance of the maturity thereof upon and subject to such terms and conditions as may be set forth in the by-law, subject, however, to the following provisions:ã â â (a) The by-law and every debenture or other security that is so redeemable shall specify the place of redemption and the price at which such debenture or other security may be so redeemed, which price may include such premium (if any) on redemption as the Board may determine: (b) The principal of every debenture or other security that is so redeemable shall become due and payable on the date set for redemption thereof, and, from and after such date, interest shall cease to accrue thereon where provision is duly made for payment of the principal amount thereof, premium (if any), and interest to the date set for redemption: (c) Notice of intention so to redeem shall be mailed at least thirty days prior to the date set for such redemption to any person in whose name a debenture or other security to be redeemed is registered at his address recorded at the office of the Corporation: Provided that accidental failure to mail any notice as aforesaid shall not invalidate or otherwise prejudicially affect the (d) redemption of the debentures or other securities: At least thirty days prior to the date set for such redemption, notice of intention so to redeem shall be published in such manner and at such place as may be set out in the by-law. (4) The Corporation shall not be bound to see to the execution of any trust, whether express, implied, or constructive, to which any of its debentures or other securities are subject ; ; Refunding of securities 40. In addition to the general borrowing powers provided for in section 36, the Corporation shall have power by by-law of the Board on receiving the report of the Commissioner or after the time for receiving the report has expired:- (a) To borrow such sum as may be required to repay or refund any temporary security issued by the Corporation, and for such purpose to authorize the Page 21 of 36