Waste Disposal Site 41 in the Township of Tiny Act, 2009 Dunlop, Garfield — Bill 32 (39th Parliament, 1st Session)

Bill 32, 39-1

Ontario — Bills

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Bill 32, Waste Disposal Site 41 in the Township of Tiny Act, 2009

Dunlop, Garfield

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Debates

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[39] Bill 32 Original (PDF)

Bill 32 2008

An Act to prevent the disposal of

waste at Site 41 in the Township of Tiny

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"Site

41" means the proposed waste disposal site commonly known as Site 41 that

consists of the west half of Lot 10 and the southwest quarter of Lot 11 in

Concession 2 in the Township of Tiny in the County of Simcoe, and that is

located approximately four kilometres north of the Village of Elmvale and four

kilometres south of the Village of Wyevale; ("lieu 41")

"waste" has the same meaning as in

Part V of the Environmental

Protection Act . (" déchets ")

Prohibition

on disposal of waste

2. No

person shall dispose of waste at Site 41.

Revocation

of approval

3. Certificate of Approval No. A 253106 dated April 30, 1998,

now No. A 620278, that was issued to The Corporation of the County of Simcoe under

Part V of the Environmental Protection Act ,

including any amendments made after that date, is revoked by this Act.

Extinguishment

of causes of action

(1) Any

cause of action that exists on the day this Act comes into force against the

Crown in right of Ontario, a member or former member of the Executive Council,

or an employee or agent or former employee or agent of the Crown in right of

Ontario in respect of Site 41 is extinguished by this Act.

Same

(2) No cause of action arises after this Act comes into

force against a person mentioned in subsection (1) in respect of Site 41 if the

cause of action would arise, in whole or in part, from anything that occurred

after April 30, 1998 and before this Act comes into force.

Aboriginal

or treaty rights

(3) Subsections (1) and (2) do not apply to a cause of

action that arises from any aboriginal or treaty right that is recognized and

affirmed by

section 35 of the Constitution Act, 1982 .

Enactment

of this Act

(4) Subject to

section 5, no cause of action arises

against a person mentioned in subsection (1), and no compensation is payable by

a person mentioned in subsection (1), as a direct or indirect result of the

enactment of any provision of this Act.

Application

(5) Without limiting the generality of subsections (1),

(2) and (4), those subsections apply to,

(

a) a

cause of action in respect of any agreement, or in respect of any

representation or other conduct, that is related to Site 41; and

(

b) a

cause of action arising in contract, tort, restitution, trust, fiduciary

obligations or otherwise.

Legal

proceedings

(6) No action or other proceeding shall be commenced or

continued by any person against a person mentioned in subsection (1) in respect

of a cause of action that is extinguished by subsection (1) or a cause of

action that, pursuant to subsection (2) or (4), does not arise.

Same

(7) Without limiting the generality of subsection (6),

that subsection applies to an action or other proceeding claiming any remedy or

relief, including specific performance, injunction, declaratory relief, any

form of compensation or damages, or any other remedy or relief.

Same

(8) Subsection (6) applies to actions and other proceedings

commenced before or after this Act comes into force.

expropriation

(9) Nothing in this Act and nothing done or not done in

accordance with this Act constitutes an expropriation or injurious affection

for the purposes of the Expropriations Act or

otherwise at law.

Compensation

(1) Subject

to subsection (2), the Crown in right of Ontario shall pay compensation to The

Corporation of the County of Simcoe in the following amount:

+ B – C

where,

A = reasonable expenses paid by The Corporation of the County of

Simcoe after April 30, 1998 and before April 22, 2004 for the purpose of using

Site 41 to dispose of waste, including reasonable expenses paid for that

purpose for,

i. surveys,

studies and testing,

ii. engineering

and design services,

iii. legal

fees and disbursements,

iv. marketing

and promotion,

v. seeking

government approvals,

but not including expenses for which The Corporation of the County of Simcoe has been reimbursed by any person,

B = reasonable expenses paid by The Corporation of the County of

Simcoe on or after April 22, 2004 and before this Act comes into force for

legal fees and disbursements related to using Site 41 to dispose of waste, but

not including expenses for which The Corporation of the County of Simcoe has

been reimbursed by any person,

C = the fair market value of Site 41 on the day this Act comes into

force.

Accounting

and appropriation

(2) Subsection (1) does not apply unless,

(

a) not

later than 120 days after this Act comes into force, The Corporation of

the County of Simcoe submits to the Crown in right of Ontario a full accounting

of the expenses claimed under that subsection, including receipts for payment;

and

(

b) the

Legislative Assembly by appropriation authorizes the payment of the

compensation described in that subsection.

Audit

(3) The Corporation of the County of Simcoe shall provide

the Crown in right of Ontario with reasonable access to its records, management

staff, auditors and accountants for the purpose of reviewing and auditing any

accounting submitted under subsection (2).

Loss

of goodwill or possible profits

(4) For greater certainty, no compensation is payable

under subsection (1) for any loss of goodwill or possible profits.

Reasonable

expenses

(5) For greater certainty, a reference in this

section to

reasonable expenses does not include any expense that exceeds the fair market

value of the goods or services for which the expense was incurred.

Application

to court

(6) The Corporation of the County of Simcoe or the Crown

in right of Ontario may apply to the Superior Court of Justice to determine any

issue of fact or law related to this

section that is in dispute.

Commencement

6. This Act comes into

force on the day it receives Royal Assent.

Short

title

7. The

short title of this Act is the Waste Disposal Site 41 in

the Township of Tiny Act, 2008 .

EXPLANATORY

NOTE

The

Bill prohibits the disposal of waste at Site 41 in the Township of Tiny,

located approximately four kilometres north of the Village of Elmvale and four

kilometres south of the Village of Wyevale.

The

Bill revokes an environmental approval that has been issued in connection with

the possible disposal of waste at the site.

The

Bill extinguishes certain causes of action that may exist in respect of the

site.

The

Bill entitles the County of Simcoe to compensation from the Crown in respect of

certain expenses if the Legislative Assembly by appropriation authorizes the

payment of compensation.

Date Bill stage Activity Committee

November 19, 2009

Ordered referred to Standing Committee

Standing Committee on Justice Policy

November 19, 2009

Second Reading

Carried on division

November 19, 2009

Second Reading

Debate

March 17, 2008

First Reading

Carried

Debates and Progress

First Reading

March 17, 2008

Committee

Second Reading

November 19, 2009

Mr. Garfield Dunlop, Mr. Khalil Ramal, Mr. Ernie Hardeman, Mr. Peter Tabuns, Ms. Helena Jaczek, Ms. Sylvia Jones, Mr. John O'Toole

November 19, 2009

November 19, 2009

Carried on division. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 32, 39-1
Type	bill
Volume / chapter	p39 s1 bill 32 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	31fb834cb76a49902aacb1f293af0df624b128fb

Source file is stored in the law ingest library (html).