Bill 9 explained in plain English
Waste Disposal Site 41 in the Township of Tiny Act, 2010
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Waste Disposal Site 41 in the Township of Tiny Act, 2010, prohibits waste disposal at Site 41, revokes related environmental approvals, extinguishes certain legal actions, and sets conditions for compensating The Corporation of the County of Simcoe for related expenses.
This Ontario bill, the Waste Disposal Site 41 in the Township of Tiny Act, 2010, prevents waste from being disposed of at a specific site known as Site 41 in the Township of Tiny. It also revokes an environmental approval related to this site and extinguishes certain legal actions that could be taken against the Crown in right of Ontario, its members, or employees/agents regarding Site 41. The bill allows for compensation to be paid to The Corporation of the County of Simcoe by the Crown for certain expenses related to Site 41, but only if the Legislative Assembly authorizes the payment through an appropriation. This compensation is calculated based on specific expenses incurred by the County of Simcoe and the fair market value of the site, excluding loss of goodwill or potential profits.
- Prohibits any person from disposing of waste at Site 41 in the Township of Tiny.
- Revokes Certificate of Approval No. A 253106 (formerly A 620278) issued to The Corporation of the County of Simcoe under Part V of the Environmental Protection Act, including any amendments made after its original date.
- Extinguishes any existing causes of action against the Crown in right of Ontario, members of the Executive Council, or their employees/agents regarding Site 41 on the day the Act comes into force.
- Prevents new causes of action from arising after the Act comes into force against the same parties for anything that occurred at Site 41 between April 30, 1998, and the Act's commencement date, unless related to aboriginal or treaty rights.
- States that no cause of action arises, and no compensation is payable by these parties, as a direct or indirect result of the Act's enactment.
- Clarifies that the Act does not constitute expropriation or injurious affection.
- Establishes a framework for the Crown in right of Ontario to pay compensation to The Corporation of the County of Simcoe for specific reasonable expenses incurred related to Site 41, provided the Legislative Assembly authorizes the payment.
- Defines the calculation for compensation, which includes expenses for surveys, studies, testing, engineering, design, legal fees, marketing, promotion, and seeking government approvals, minus reimbursements and the fair market value of the site.
- Specifies that compensation under this section does not include loss of goodwill or possible profits.
- Requires The Corporation of the County of Simcoe to submit an accounting of expenses within 120 days of the Act coming into force for compensation to be considered.
- Requires The Corporation of the County of Simcoe to provide reasonable access to records for auditing purposes.
- The general public (prohibited from disposing of waste at Site 41).
- The Corporation of the County of Simcoe (environmental approval revoked, potential compensation recipient, audit subject).
- The Crown in right of Ontario (potential payer of compensation, subject to extinguished causes of action).
- Members of the Executive Council of Ontario (past and present) and their employees/agents (subject to extinguished causes of action).
- Individuals or entities who might have had legal claims related to Site 41 (causes of action extinguished).
- Indigenous peoples (aboriginal or treaty rights are preserved).
- The Legislative Assembly of Ontario (must authorize compensation through appropriation).
- Obligation: No person shall dispose of waste at Site 41.
- Right: The Corporation of the County of Simcoe has the potential right to receive compensation from the Crown for specific expenses.
- Obligation: The Corporation of the County of Simcoe must submit an accounting of expenses within 120 days of the Act coming into force to be eligible for compensation.
- Obligation: The Corporation of the County of Simcoe must provide reasonable access to its records for auditing.
- Right: Aboriginal or treaty rights are not affected by the extinguishment of causes of action.
- Right: The Crown in right of Ontario has the right to audit expenses claimed for compensation.
- The Act comes into force on the day it receives Royal Assent.
- Causes of action existing on the day the Act comes into force are extinguished.
- No new causes of action arise after the Act comes into force related to events occurring after April 30, 1998, and before the Act's commencement.
- The Corporation of the County of Simcoe must submit an accounting of expenses no later than 120 days after the Act comes into force.
- Compensation calculation includes expenses paid by The Corporation of the County of Simcoe after April 30, 1998, and before April 22, 2004.
- Compensation calculation includes expenses paid by The Corporation of the County of Simcoe on or after April 22, 2004, and before the Act comes into force.
- The Act may result in the Crown in right of Ontario paying compensation to The Corporation of the County of Simcoe, contingent on Legislative Assembly appropriation.
- Compensation is calculated based on specific categories of reasonable expenses incurred by The Corporation of the County of Simcoe, minus reimbursements and the fair market value of Site 41.
- Expenses considered for compensation include surveys, studies, testing, engineering, design, legal fees, marketing, promotion, and seeking government approvals.
- Loss of goodwill or possible profits are not compensated.
- Expenses exceeding fair market value for goods or services are not considered reasonable.
- The bill does not specify penalties for contravening the prohibition on waste disposal at Site 41. The bill also states that no cause of action arises against certain parties due to the Act's enactment, and no legal proceedings can be commenced or continued against them regarding extinguished causes of action.
- The bill does not specify penalties for violating the prohibition on waste disposal at Site 41.
- The exact amount of compensation payable to The Corporation of the County of Simcoe is not determined by the bill itself, as it depends on the accounting of expenses, the fair market value of Site 41, and the Legislative Assembly's decision to appropriate funds.
- The interpretation of 'reasonable expenses' could be subject to dispute, with a provision for applying to the Superior Court of Justice to resolve such issues.
- The bill does not detail how the fair market value of Site 41 will be determined.
- The bill does not specify the process or criteria for the Legislative Assembly's appropriation of funds for compensation.
- The bill does not explicitly define what constitutes 'waste' beyond referring to Part V of the Environmental Protection Act.
An environmental approval related to the disposal of waste at Site 41, issued to The Corporation of the County of Simcoe under Part V of the Environmental Protection Act, is cancelled.
Source: Section 3
A certificate of approval issued under this part is revoked by this Act.
Source: Section 3
The Act explicitly states that nothing in the Waste Disposal Site 41 in the Township of Tiny Act, 2010, or actions taken under it, constitutes an expropriation or injurious affection for the purposes of the Expropriations Act.
Source: Section 4(9)
The extinguishment of causes of action by this Act does not apply to causes of action that arise from any aboriginal or treaty right recognized and affirmed by Section 35 of the Constitution Act, 1982.
Source: Section 4(3)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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