Sustainable Water and Sewage Systems Act, 2001 Young, Hon. David Minister of Municipal Affairs and Housing — Bill 155 (37th Parliament, 3rd Session)

Bill 155, 37-3

Ontario — Bills

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Bill 155, Sustainable Water and Sewage Systems Act, 2001

Young, Hon. David Minister of Municipal Affairs and Housing

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[37] Bill 155 Original (PDF)

Bill 155 2001

An Act respecting

the cost of water

and waste water services

CONTENTS

Interpretation and Application

Definitions

Designation of regulated entities

Report on Full cost of Services

Report on full cost of water services

Report on full cost of waste water services

Joint reports

Report prepared by Minister

Approval of report

Effect of approval of report

Cost Recovery Plan

Cost recovery plan for water services

Cost recovery plan for waste water services

Joint plans

Plan prepared by Minister

Approval of plan

Effect of approval of plan

Other Reporting

Requirements

Periodic reports to the Minister

Inspection and audit

Revisions to Reports and Plans

Revised report to Minister

Revised cost recovery plan

Approvals

Enforcement

Extension of deadlines

Minister's orders

General

Financial management

Delegation

Regulations

Commencement

Short title

______________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Interpretation and Application

Definitions

(1) In this Act,

"approved cost recovery plan" means a plan whose contents are approved by

the Minister under

section 13 or 19; ("plan de recouvrement des coûts

approuvé")

"Minister" means the Minister of Municipal Affairs and Housing or such

other member of the Executive Council as may be assigned the administration

of this Act under the Executive Council Act ; ("ministre")

"regulated entity" means a person or entity designated by regulation under

section 2. ("entité réglementée")

Provision of water services

(2) The provision of water services to the public includes

extracting, treating and distributing water.

Provision of waste water services

(3) The provision of waste water services to the public

includes collecting, treating and discharging waste water.

Designation of regulated entities

2. This Act applies to those persons and

entities that provide water services or waste water services to the public

and that are designated by regulation as regulated entities.

Report on Full Cost of Services

Report on full cost of water services

(1) Every regulated entity that

provides water services to the public shall give a written report about those

services to the Minister before the date specified by regulation.

Contents

(2) The report must contain such information as is required by

regulation concerning the infrastructure needed to provide the water

services, the full cost of providing the services and the revenue obtained to

provide them and concerning such other matters as may be specified in the

regulation.

Form

(3) The report must be made in a form approved by the

Minister.

Components of full cost

(4) The full cost of providing the water services includes the

operating costs, financing costs, renewal and replacement costs and

improvement costs associated with extracting, treating or distributing water

to the public and such other costs as may be specified by regulation.

Report on full cost of waste water services

(1) Every regulated entity that

provides waste water services to the public shall give a written report about

those services to the Minister before the date specified by regulation.

Contents

(2) The report must contain such information as is required by

regulation concerning the infrastructure needed to provide the waste water

services, the full cost of providing the services and the revenue obtained to

provide them and concerning such other matters as may be specified in the

regulation.

Form

(3) The report must be made in a form approved by the

Minister.

Components of full cost

(4) The full cost of providing the waste water services

includes the operating costs, financing costs, renewal and replacement costs

and improvement costs associated with collecting, treating or discharging

waste water and such other costs as may be specified by regulation.

Joint reports

(1) The Minister may direct two

or more regulated entities to prepare a joint report under subsection 3

(1) or 4 (1) if the Minister considers it appropriate to do so.

Same

(2) The Minister may specify that the joint report is required

in lieu of, or in addition to, a report from each of the regulated entities

under subsection 3 (1) or 4 (1).

Same

(3) This Act applies, with necessary modifications, with

respect to a joint report as if it were a report by a single regulated

entity.

Report prepared by Minister

(1) The Minister may prepare a

report on behalf of a regulated entity if the Minister considers it

appropriate to do so.

Same

(2) The regulated entity shall reimburse the Crown for the

costs incurred by the Minister in connection with the preparation of the

report, in the amount determined by the Minister and within the period

specified by the Minister.

Same

(3) If the Minister prepares a report on behalf of a regulated

entity, the entity is not required to give a report to the Minister under

subsection 3 (1) or 4 (1).

Approval of report

(1) The Minister may approve the

contents of the report of a regulated entity or may require the entity to

make specified changes to the report before approving it.

Same

(2) If the Minister requires a regulated entity to make

specified changes to a report, the entity shall make the changes within the

period specified by the Minister and then shall give the Minister the revised

report.

Deemed approval

(3) The Minister shall be deemed to have approved the contents

of a report prepared by the Minister.

Effect of approval of report

8. When the Minister approves the contents of

the report of a regulated entity, the estimate of the full cost of providing

water services or waste water services that is set out in the report shall be

deemed, for the purposes of this Act, to be the full cost of providing those

services.

Cost Recovery Plan

Cost recovery plan

for water services

(1) Every regulated entity that

provides water services to the public shall prepare a plan describing how the

entity intends to pay the full cost of providing those services.

Contents

(2) The plan must meet the requirements of this Act and the

regulations.

Form

(3) The plan must be made in a form approved by the

Minister.

Sources of revenue

(4) The regulations may specify those sources of revenue that a

regulated entity is, or is not, permitted to include in the plan and may

impose conditions or restrictions with respect to different sources of

revenue.

Restriction

(5) The regulations may specify the maximum amount by which a

regulated entity may increase the charges for the provision of the water

services for any customer or class of customer over any period of time.

Submission

(6) The regulated entity shall give the plan to the Minister no

later than six months after the Minister approves the report under

section 7

or gives the regulated entity the report prepared by the Minister under

section 6.

Cost recovery plan for waste water services

(1) Every regulated entity that

provides waste water services to the public shall prepare a plan describing

how the entity intends to pay the full cost of providing those services.

Contents

(2) The plan must meet the requirements of this Act and the

regulations.

Form

(3) The plan must be made in a form approved by the

Minister.

Sources of revenue

(4) The regulations may specify those sources of revenue that a

regulated entity is, or is not, permitted to include in the plan and may

impose conditions or restrictions with respect to different sources of

revenue.

Restriction

(5) The regulations may specify the maximum amount by which a

regulated entity may increase the charges for the provision of the waste

water services for any customer or class of customer over any period of

time.

Submission

(6) The regulated entity shall give the plan to the Minister no

later than six months after the Minister approves the report under

section 7

or gives the regulated entity the report prepared by the Minister under

section 6.

Joint plans

(1) The Minister may direct two

or more regulated entities to prepare a joint plan under

section 9 or 10 if

the Minister considers it appropriate to do so.

Same

(2) The Minister may specify that the joint plan is required in

lieu of, or in addition to, a plan from each of the regulated entities under

section 9 or 10.

Same

(3) This Act applies, with necessary modifications, with

respect to a joint plan as if it were a plan of a single regulated

entity.

Plan prepared by Minister

(1) The Minister may prepare a

plan on behalf of a regulated entity if the Minister considers it appropriate

to do so.

Same

(2) The regulated entity shall reimburse the Crown for the

costs incurred by the Minister in connection with the preparation of the

plan, in the amount determined by the Minister and within the period

specified by the Minister.

Same

(3) If the Minister prepares a plan on behalf of a regulated

entity, the entity is not required to give the Minister a plan under

section

9 or 10.

Approval of plan

(1) The Minister may approve

the contents of the plan of a regulated entity or may require the entity to

make specified changes to the plan before approving it.

Same

(2) If the Minister requires a regulated entity to make

specified changes to a plan, the entity shall make the changes within the

period specified by the Minister and then shall give the Minister the revised

plan.

Deemed approval

(3) The Minister shall be deemed to have approved the contents

of a plan prepared by the Minister.

Effect of approval of plan

14. A regulated entity shall implement its

approved cost recovery plan and shall do so no later than the date specified

by regulation.

Other Reporting

Requirements

Periodic reports to the Minister

(1) Every regulated entity

shall give the Minister progress reports, at such intervals as may be

prescribed by regulation, concerning the implementation of its approved cost

recovery plan.

Contents

(2) Each report must contain the information required by

regulation.

Form

(3) Each report must be made in a form approved by the

Minister.

Other information

(4) Every regulated entity shall give the Minister such

information as the Minister may request concerning the provision of water

services and waste water services to the public and shall do so within the

period specified by the Minister.

Inspection and audit

16. Upon request, every regulated entity shall

promptly make its records concerning the provision of water services and

waste water services to the public available to the Minister for inspection

and audit.

Revisions to Reports and Plans

Revised report to Minister

(1) A regulated entity shall

prepare a revised report setting out its estimate of the full cost of

providing water services or waste water services to the public,

(

a) if the entity has reasonable grounds to believe that the estimate does

not reflect the full cost of providing the services, as a result of a change

in circumstances;

(

b) if, as a result of a change in circumstances, any other information in

the report needs to be updated or corrected;

(

c) if the requirements set out in the regulations governing the

preparation of the report change; or

(

d) if the Minister directs the entity to revise its report or to make

specified changes to the report.

Same

(2) The regulated entity shall give the revised report to the

Minister within the period specified in the regulations.

Same

(3) Sections 3 to 6,

Document details

Collection	Ontario — Bills
Citation	Bill 155, 37-3
Type	bill
Volume / chapter	p37 s3 bill 155 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4ab6c1c9df4698eee0edce8b871fbfe18a1563f1

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