Agricultural Rehabilitation and Development Act (Ontario), R.S.O. 1990, c. A.11

Agricultural Rehabilitation and Development Act (Ontario)

R.S.O. 1990, CHAPTER A.11

Historical version for the period June 27, 1996 to November 29, 2004.

Amended by: 1994, c. 27, s. 3; 1996, c. 17, Sched. J, s. 1 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 1996, chapter 17, Sched. J, subsection 1 (2). See: 1996, c. 17, Sched. J, ss. 1 (2), 2.

Definitions

1. In this Act,

“Directorate” means the Agricultural Rehabilitation and Development Directorate of Ontario; (“Direction générale”)

“Minister” means the Minister of Agriculture and Food; (“ministre”)

“project” means a project for,

(a) the more efficient use and economic development of lands,

(b) the development of income and employment opportunities in rural areas and improving standards of living in those areas, or

(c) the development and conservation for agricultural purposes of water supplies and for soil improvement and conservation that will improve agricultural efficiency; (“projet”)

“research program” means a program of research and investigation respecting,

(a) the more effective use and economic development of lands,

(b) the development of income and employment opportunities in rural areas and the improvement of standards of living in those areas, and

(c) the development and conservation for agricultural purposes of water supplies and for soil improvement and conservation; (“programme de recherches”)

“Treasurer” means the Treasurer of Ontario and Minister of Economics. (“trésorier”) R.S.O. 1990, c. A.11, s. 1.

Agricultural Rehabilitation and Development Directorate of Ontario continued

2. (1) The Agricultural Rehabilitation and Development Directorate of Ontario is continued as a body corporate responsible to the Minister under the name Agricultural Rehabilitation and Development Directorate of Ontario in English and Direction générale de la revalorisation et de l’aménagement des régions agricoles de l’Ontario in French. R.S.O. 1990, c. A.11, s. 2 (1).

Composition of Directorate

(2) The Directorate shall consist of three or more members appointed by the Minister. R.S.O. 1990, c. A.11, s. 2 (2); 1994, c. 27, s. 3.

Chair, vice-chair

(3) The Minister shall designate one of the members of the Directorate as chair and one as vice-chair. R.S.O. 1990, c. A.11, s. 2 (3); 1994, c. 27, s. 3.

Quorum

(4) A majority of the members of the Directorate constitutes a quorum, whether or not a vacancy exists in the membership of the Directorate. R.S.O. 1990, c. A.11, s. 2 (4).

Employees

(5) The Minister may appoint such employees as are necessary for the conduct of the affairs of the Directorate. R.S.O. 1990, c. A.11, s. 2 (5); 1994, c. 27, s. 3.

Powers of Directorate

3. (1) Subject to the approval of the Lieutenant Governor in Council, the Directorate has power,

(a) to acquire or lease lands for the purpose of projects;

(b) to equip and develop lands for projects;

(c) to enter into agreements with persons for use of things or services provided under projects;

(d) to carry out projects in respect of which agreements have been entered into by the Minister under this Act; and

(e) to do such acts as are necessary or expedient for the carrying out of its operations and undertakings. R.S.O. 1990, c. A.11, s. 3 (1).

Delegation of powers

(2) The Directorate may, in respect of any project, delegate to any ministry of the Government of Ontario, or to any municipal council, or to any authority under the Conservation Authorities Act, or to any board or commission whose members are appointed by the Lieutenant Governor in Council, any or all of the powers of the Directorate under subsection (1). R.S.O. 1990, c. A.11, s. 3 (2).

Power to borrow money and issue securities

(3) The Directorate has the power to borrow money and to issue securities for the purpose of carrying out any of its objects and to make such securities payable as to principal and interest at such time or times and in such manner and in such place or places as the Directorate determines. R.S.O. 1990, c. A.11, s. 3 (3).

Additional powers

(4) The Directorate, in carrying out its objects, has the powers set out in sections 23 and 275 of the Corporations Act. R.S.O. 1990, c. A.11, s. 3 (4).

Provincial guarantee

4. (1) The Lieutenant Governor in Council may authorize the Treasurer for and on behalf of Ontario to guarantee the payment of any securities issued by the Directorate, the repayment of any advances made by banks listed in Schedule I or II to the Bank Act (Canada) to the Directorate and the payment of any other indebtedness incurred by the Directorate. R.S.O. 1990, c. A.11, s. 4 (1).

Form of guarantee

(2) The form of any such guarantee and the manner of its execution shall be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. A.11, s. 4 (2).

Application of money

5. (1) All money received by the Directorate from the operation of its undertakings or otherwise shall be applied to,

(a) operating expenses;

(b) payment of interest on indebtedness; and

(c) a sinking fund established by the Treasurer for the repayment of securities guaranteed by the Treasurer under subsection 4 (1) and for the retirement of any other indebtedness of the Directorate. R.S.O. 1990, c. A.11, s. 5 (1).

Surplus money

(2) Any surplus money remaining in any year after paying operating expenses and interest on indebtedness and repaying any part of the principal money payable in that year shall be used for reducing the cost of operating the projects, or any of them, reducing the fees, rents or other charges charged or made by the Directorate or setting up such reserve funds as the Directorate determines. R.S.O. 1990, c. A.11, s. 5 (2).

Fiscal year

6. The fiscal year of the Directorate commences on the 1st day of April in each year and ends on the 31st day of March in the following year. R.S.O. 1990, c. A.11, s. 6.

Annual report

7. (1) The Directorate shall make a report annually to the Minister, including a report on all projects of the Directorate and the operations thereof and a financial statement certified by the Provincial Auditor and such other matters relating to the work of the Directorate as the Minister requires. R.S.O. 1990, c. A.11, s. 7 (1).

Tabling

(2) A copy of the report shall be filed with the Minister who shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. A.11, s. 7 (2).

Audit

8. The accounts and financial transactions of the Directorate shall be audited annually by the Provincial Auditor, and a report of the audit shall be made to the Directorate and to the Treasurer. R.S.O. 1990, c. A.11, s. 8.

Agreement with Canada for efficient use and economic development of lands

9. (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the Government of Canada providing for,

(a) the undertaking jointly by the Government of Ontario or any agency thereof with Canada of projects for the more efficient use and economic development of lands specified in the agreement; or

(b) the payment to Ontario of contributions in respect of the cost of such projects undertaken by Ontario or any agency thereof. R.S.O. 1990, c. A.11, s. 9 (1).

Programs of research and investigation

(2) The Minister may cause to be prepared and undertaken directly or in co-operation with Canada programs of research and investigation respecting the more effective use and economic development of lands in Ontario. R.S.O. 1990, c. A.11, s. 9 (2).

Agreement with Canada for development of income and employment opportunities and for improving standards of living in rural areas

10. (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the Government of Canada providing for,

(a) the undertaking jointly on behalf of the Government of Ontario or any agency thereof with Canada of projects for the development of income and employment opportunities in rural areas specified in the agreement and for improving standards of living in those areas; or

(b) the payment to Ontario of contributions in respect of the cost of such projects undertaken by Ontario or any agency thereof. R.S.O. 1990, c. A.11, s. 10 (1).

Programs of research and investigation

(2) For the purpose of assisting the development of income and employment opportunities in rural areas in Ontario and the improvement of standards of living in those areas, the Minister may cause to be prepared and undertaken with Canada programs of research and investigation, and may co-ordinate such programs with other similar programs being undertaken in Ontario. R.S.O. 1990, c. A.11, s. 10 (2).

Agreement with Canada for the development and conservation of water supplies and for soil improvement and conservation

11. (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the Government of Canada providing for,

(a) the undertaking jointly with Canada of,

(i) projects for the development and conservation of water supplies for agricultural purposes, and

(ii) projects for soil improvement and conservation that will improve agricultural efficiency in Ontario or in any area thereof specified in the agreement; or

(b) the repayment to Ontario of contributions in respect of the cost of such projects undertaken by Ontario or any agency thereof. R.S.O. 1990, c. A.11, s. 11 (1).

Programs of research and investigation

(2) The Minister may cause to be prepared and undertaken directly or in co-operation with Canada programs of research and investigation for the development and conservation of water supplies and for soil improvement and conservation in Ontario. R.S.O. 1990, c. A.11, s. 11 (2).

Provisions to be included in agreements

12. Every agreement entered into by the Minister shall,

(a) specify the respective proportions of the cost of any project to which the agreement relates that shall be paid by the governments of Canada and of Ontario or the contribution in respect of any such project that shall be paid by Canada;

(b) specify the authority that shall be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates;

(c) specify the respective proportions of the revenues from any project to which the agreement relates that are to be paid to Canada and to Ontario; and

(d) specify the terms and conditions as to the operation and maintenance of any project to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the project are made available. R.S.O. 1990, c. A.11, s. 12.

Regulations

13. The Lieutenant Governor in Council may make regulations,

(a) providing for the establishment of advisory committees and the appointment of the members thereof and the payment of the remuneration and expenses of such members in the carrying out of their duties;

(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. A.11, s. 13.

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