St. Lawrence Parks Commission Act

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Sections46

• 1Definitions

  1 In this Act, “Commission” means the St. Lawrence Parks Commission; (“Commission”) “Minister” means the Minister of Tourism and Recreation or such other member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; (“ministre”) “Parks” means all land in the counties of Glengarry, Stormont, Dundas, Grenville, Frontenac, Lennox and Addington, and Leeds vested in or placed under the control of the Commission, including highways, roads and boulevards and any interest in land. (“parcs”) R.S.O. 1990, c. S.24, s. 1.

• 1.
• 2Commission continued

  2 (1) The St. Lawrence Parks Commission is continued as a corporation without share capital under the name St. Lawrence Parks Commission in English and Commission des parcs du Saint-Laurent in French. R.S.O. 1990, c. S.24, s. 2 (1). Composition (2) The Commission shall consist of not fewer than three and not more than fifteen members appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. S.24, s. 2 (2). Chair, vice-chair (3) The Lieutenant Governor in Council shall designate one member as chair and may designate one member as vice-chair. R.S.O. 1990, c. S.24, s. 2 (3). Remuneration of chair and vice-chair (4) The chair and the vice-chair, if any, shall be paid such salary as is fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. S.24, s. 2 (4). Acting chair (5) In case of the absence or illness of the chair or of there being a vacancy in the office of chair, the vice-c…

• 2.
• 3Employees

  3 Such employees as are considered necessary for the proper conduct of the affairs of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 124. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 124 - 20/08/2007

• 3.
• 4Income

  4 (1) The Commission may retain its income and the income shall be applied to carrying out its objects. 1993, c. 16, s. 5 (1). Investment powers (2) If it considers it advisable for the sound and efficient management of income not immediately required for its objects, the Commission may, on the terms and conditions it considers advisable, authorize the purchase, acquisition, holding or disposition of, (a) securities issued by or guaranteed as to principal and interest by Canada, the Province of Ontario or another province of Canada; (b) guaranteed investment certificates of a trust corporation that is registered under the Loan and Trust Corporations Act; (c) deposit receipts, deposit notes, certificates of deposit, acceptances and other similar instruments issued or endorsed by a bank listed in Schedule I or II to the Bank Act (Canada); (d) term deposits accepted by a credit union as def…

• 4.
• 4.1Payments to Consolidated Revenue Fund

  4.1 (1) When ordered to do so by the Minister of Finance, the Commission shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister of Finance. 1993, c. 16, s. 5 (1). Reserves (2) In determining the amount payable under subsection (1), the Minister of Finance shall allow such reserves for the future needs of the Commission as he or she considers appropriate, and shall ensure that the payment ordered under subsection (1) will not impair the Commission’s ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments. 1993, c. 16, s. 5 (1). Revenues and investments (3) Despite the Financial Administration Act, the revenues and investments of the Commission do not form part of the Consolidated Revenue Fund. 1993, c. 16, s. 5 (1). Expenditure plan (4) The Commission shall, before the 1st day of …

• 5General powers and duties

  5 (1) It is the duty of the Commission to develop, control, manage, operate and maintain the Parks and for the purposes of carrying out such duty, the Commission has power, (a) to make such by-laws, rules and orders as may be considered expedient for the constitution of the Commission and the administration and management of its affairs and the conduct of its business, including establishing and collecting fees; (b) to acquire, construct, operate, maintain and generally manage and provide recreational facilities, restaurants, refreshment booths, stands for the sale of souvenirs and other wares, shops, sanitary and toilet facilities, buses and other vehicles for use in connection with the Parks, boats and boat lines, camp sites and any and all other facilities or conveniences incidental to or necessary for the proper operation and maintenance of the Parks; (c) to make agreements with pers…

• 5.
• 6Qualified powers

  6 (1) With the approval of the Lieutenant Governor in Council, the Commission has power, (a) to acquire by purchase, lease or otherwise and with or without the consent of the owner enter upon, take and expropriate and sell or otherwise dispose of any land or any interest in land; (b) to construct or acquire by purchase, lease or otherwise and operate and maintain bridges over the St. Lawrence River. R.S.O. 1990, c. S.24, s. 6. Easements (2) Despite clause (1) (a), the Commission may dispose of an interest in land by the grant of an easement without the approval of the Lieutenant Governor in Council. 2023, c. 20, Sched. 18, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 18, s. 1 - 04/12/2023

• 6.
• 7Expropriation

  7 (1) The Commission in the exercise of its powers to take land compulsorily has all the powers conferred by the Ministry of Infrastructure Act, 2011 on the Minister of Infrastructure in relation to Government property, and in the application of this section where the words “the Minister”, “the Ministry” or “the Crown” appear in such Act they, where the context permits, mean the Commission, and the taking of such land by the Commission shall be deemed to be for the public purposes of Ontario. R.S.O. 1990, c. S.24, s. 7 (1); 2011, c. 9, Sched. 27, s. 39; 2015, c. 38, Sched. 7, s. 61. Procedure (2) The Commission shall proceed in the manner provided by the Expropriations Act and all the provisions of that Act apply. R.S.O. 1990, c. S.24, s. 7 (2). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 27, s. 39 - 06/06/2011 2015, c. 38, Sched. 7, s. 61 - 10/12/2016

• 7.
• 8Highways

  8 (1) Despite any general or special Act, the Lieutenant Governor in Council may from time to time vest any highway, (a) under the jurisdiction and control of the Ministry of Transportation; or (b) under the jurisdiction of a municipality, in the Commission and thereafter the Commission has exclusive jurisdiction over the highway. R.S.O. 1990, c. S.24, s. 8 (1). Agreements (2) The Commission and the Minister of Transportation or the Commission and any municipality may enter into agreement as to the acquisition by the Commission or by the municipality of any highway or any land therefor or as to the establishing, laying out, opening, grading, paving, altering, constructing, reconstructing, maintaining or repairing of any highway, including the cost or the apportionment of the cost of the same and the payment thereof. R.S.O. 1990, c. S.24, s. 8 (2). Liability (3) Where by an agreement made…

• 8.
• 9Controlled-access highways

  9 (1) The Lieutenant Governor in Council may designate any portion of any of the highways, roads, boulevards or parkways of the Commission as a controlled-access highway. R.S.O. 1990, c. S.24, s. 9 (1). Application (2) Section 38 of the Public Transportation and Highway Improvement Act applies with necessary modifications to any portion of any of the highways, roads, boulevards or parkways designated under subsection (1) and for such purpose any reference in the said section 38 to Minister or Ministry shall be deemed to be a reference to the Commission. R.S.O. 1990, c. S.24, s. 9 (2).

• 9.
• 10Scenic areas

  10 (1) The Lieutenant Governor in Council may by regulation designate as a scenic area such land in the vicinity of any highway designated under subsection 9 (1) as is specified in the regulation. R.S.O. 1990, c. S.24, s. 10 (1). Restricted areas (2) Subject to the approval of the Lieutenant Governor in Council, the Commission may, in respect of land within a scenic area, by regulation, exercise any of the powers conferred upon councils of municipalities by section 34 of the Planning Act without the approval of the Ontario Land Tribunal. R.S.O. 1990, c. S.24, s. 10 (2); 2021, c. 4, Sched. 6, s. 92. Conflict of regulations and by-laws (3) In the event of conflict between a regulation made under subsection (2) by the Commission and a by-law passed under section 34 of the Planning Act, or a predecessor thereof, by the municipality in which the land is situate, the regulation made by the Com…

• 10.
• 11Local improvement works

  11 (1) The Commission may enter into an agreement with any municipality that adjoins or is within five kilometres of the lands of the Commission as to any work of any character or description mentioned in a regulation under Part XII of the Municipal Act, 2001 relating to local improvements and the Commission may agree to contribute towards the cost of any work undertaken, either in cash or by annual or other instalments or otherwise, but the Commission is not liable for charges under that regulation for the cost of the work, whether the lands abut directly on the work or otherwise. 2002, c. 17, Sched. F, Table. Idem (2) It is not necessary to submit any agreement entered into under this section for the assent of the electors of the municipality, nor is it necessary to receive the assent of the electors of the municipality for the issue of debentures to defray the cost of the work underta…

• 11.
• 12Lands exempt from taxation

  12 All lands of the Commission wherever situate are exempt from assessment or taxation by any municipality. R.S.O. 1990, c. S.24, s. 12.

• 12.
• 13Payments in lieu of taxes

  13 (1) The Minister of Municipal Affairs and Housing may pay in each year to a municipality in which there are one or more parks operated by the Commission, (a) $12.35 per hectare for each of the first forty hectares of each such park and $5 per hectare for each hectare in excess of forty hectares in each such park up to 4,000 hectares in each such park and $1.25 per hectare for each hectare in excess of 4,000 hectares in each such park; or (b) $100, whichever is the greater, and he or she shall recover such payments out of the funds of the Commission. R.S.O. 1990, c. S.24, s. 13 (1); 2002, c. 17, Sched. F, Table. Determinations (2) For the purposes of subsection (1), the Minister of Municipal Affairs and Housing shall determine annually, (a) the names of those municipalities in which there was located on the next preceding 1st day of January, one or more parks or any part thereof; and (…

• 13.
• 14Books of account

  14 The Commission shall cause books to be kept and true and regular accounts to be entered therein of all money received and paid and of the several purposes for which the same was received and paid, and such books shall be open to the inspection of any member of the Commission, the Minister of Finance or any person appointed by the Commission or the Minister of Finance for that purpose, and any such person may make copies of or take extracts from the books. 2020, c. 34, Sched. 25, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 25, s. 1 - 08/12/2020 15 Repealed: 2024, c. 2, Sched. 17, s. 4. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 17, s. 4 - 06/03/2024

• 14.
• 15Security by officers
• 15.
• 16Audit

  16 The books and records of the Commission shall be examined annually by the Auditor General or such other auditor as the Commission may appoint. R.S.O. 1990, c. S.24, s. 16; 2004, c. 17, s. 32; 2020, c. 34, Sched. 25, s. 2. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004 2020, c. 34, Sched. 25, s. 2 - 08/12/2020

• 16.
• 17Lost, mislaid or abandoned property

  17 (1) Any lost, mislaid or abandoned property coming into the custody of an employee of the Commission and not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister, but, where any such property is perishable or has no commercial value, it may be given to a charitable institution or destroyed. R.S.O. 1990, c. S.24, s. 17 (1). Idem (2) Where a person establishes to the satisfaction of the Minister within one year of the date of sale that the person was the owner of property sold under subsection (1), the Minister may direct the payment to such person of an amount equal to the price received for the property less the costs referrable to the sale and other expenses incurred in connection with the property. R.S.O. 1990, c. S.24, s. 17 (2).

• 17.
• 18Annual report

  18 (1) The Commission shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 52. Same (2) The Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 52. Same (3) The Commission shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 52 - 01/01/2018

• 18.
• 18.1Tabling of annual report

  18.1 The Minister shall table the Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 52 - 01/01/2018

• 18 #19Annual report
• 18.2Immunity of member

  18.2 (1) No cause of action arises against a member of the Commission as a result of any act done in good faith in the performance or intended performance of his or her duties or any alleged neglect or default in the performance in good faith of his or her duties. 2023, c. 9, Sched. 34, s. 1. No proceeding (2) No proceeding, including but not limited to a proceeding for a remedy in contract, restitution, tort or trust, shall be instituted against a member of the Commission by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). 2023, c. 9, Sched. 34, s. 1. Liability of Commission preserved (3) Subsections (1) and (2) do not relieve the Commission of any liability to which it would otherwise be subject. 2023, c. 9, Sched. 34, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 34, s. 1 - 08/0…

• 19.
• 19Regulations

  19 (1) The Commission, with the approval of the Lieutenant Governor in Council, may make regulations, (a) regulating and governing the use by the public of the Parks and the works, vehicles, boats, services and things under the jurisdiction of the Commission; (b) providing for the protection and preservation from damage of the property of the Commission; (c) Repealed: 1993, c. 16, s. 5 (3). (d) prescribing permits designating privileges in connection with the use of the Parks or any part of the Parks; (e) regulating and governing vehicular and pedestrian traffic in the Parks or any part thereof and prohibiting the use of any class or classes of vehicles in the Parks or any part thereof; (f) prohibiting or regulating and governing the erection, posting up or other display of notices, signs, sign boards and other advertising devices in the Parks; (g) licensing, regulating and governing tax…

• 20.
• 20Rights of interment not affected

  20 Nothing in this Act authorizes the interference with any right to inter the body of any deceased person in any burying ground vested in the Commission and nothing in this Act confers the right to remove any body there interred. R.S.O. 1990, c. S.24, s. 20. Not-for-Profit Corporations Act, 2010

• 21.
• 21

  21 (1) The Not-for-Profit Corporations Act, 2010 does not apply to the Commission, except as prescribed by regulation under subsection (2). 2017, c. 20, Sched. 8, s. 132. Regulations, additional (2) The Lieutenant Governor in Council may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Commission. 2017, c. 20, Sched. 8, s. 132. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 132 - 19/10/2021 ______________