HomeMy WebLinkAboutP-59-81 i
CORPORATION OFT E TOW OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL
13, 1981.
i
REPORT NO.: P-59-81
SUBJECT: The DESIGNA ION of Central Lake Ontario Conservation
Authority Flood P ain Maps
RECOMMENDATION:
It is recommende that:
1. This Report le received; and that
2. The Planning and Development Committee Secretary
be instructe to invite Mr. W. M. Campbell, General
Manager, of Central Lake Ontario Conservation Authority
or a member cf his staff to an upcoming Planning and
Development Committee meeting with a view to discussing
the Authorit 's request �o DESIGNATE all C.L.O.C.A.
Flood Plain Mapping unde� the Federal-Provincial Agree-
ment respecting fl od risk mapping and other flood dam-
age reductioi measures in the Province of Ontario.
BACKGROUND & COMMENT:
The attached cor espon ence from C.L.O.C.A. in respect o
the DESIGNATION of all flood plain mappi g within the Central Lake Ontario
J'ib;a
- 2 -
Conservation Authority's watershed was referred to the Planning and
Development Department for a Report to Committee. In Mr. Campbell's
letter of February 19, 1981, Town Council is requested to endorse the
Central Lake Ontario Conservation uthority's petition to have all
flood plain mapping within its watershed DESIGNATED under the terms
of a Federal-Provincial Agreement in respect of flood damage and flood
risk mapping. In 1978, the GovernrLent of Canada and the Government of
Ontario signed an Agreement whereby flood risk areas would be mapped at
mutual expense and whereby the costs of remedial flood damage contro
could be shared. In order tc institute he anticipated flood control
program, a Steering CommitteE was set up under the Agreement whereby
flood control mapping projec s could be administered. When flood risk
mapping is prepared for a watershed area it is staff's understanding
that the flood risk areas shown on such mapping may be "DESIGNATED"
or recognized as subject to the terms of the Agreement.
I
A copy of Mr. Campbell's Report to the Executive of the
Conservation Authority detailing s me of the implications of the re-
I
quested DESIGNATION is attac ed for the Committee's consideration. it
appears that the major implication to th� Town of Newcastle through This
action lies in the Town's re ponsi ilities for the zoning of land, in that
under the Agreement, zoning 8uthorities will be encouraged to impose land
use restrictions that will piohibiL or restrict development in DESIGNATED
areas.
Staff feel that it wou d be beneficial to have Authority
staff available to explain t is program in greater detail, particula ly
- 3 -
in view of the Planning and evelo went Department's 1981 Work
Program, which, as the Committee is aware, includes the preparation
of comprehensive zoning by-law ame dment . Staff note also that
Authority staff would like tc see a Council resolution along the
lines of the following:
"That the Council of tha Town of Newcastle is aware
of and understan the 'mplic tions of the policies
enunciated in the agre went nd hereby agree to this
undertaking."
Res ectfully submitted,
DNS:lb D. q. Smi h, M.C.I.P.
March 17, 1981 Dir ctor of Planning
TOWN OF NEWC STLE
_77
T
To: Mr. D. Smith, M.C.I.P.
Director of Planning
From: J. M. McIlroy, A.M.C.T.
Town Clerk
Date: March 6 1981
Re: Flood Plain Mapping
I refer to my letter dated February 26 1981 to Mr. Campbell
of C.L.O.C.A.
Mr. Campbell called me today an ind cated that he would like to see
the following resolution includad in the recommendations to Council :
"That the Council of tie Town of ( ewcastle is aware of
and understand the imp licat. ons of the policies
enunciated in the agreement and h reby agrees to this
undertaking."
i
I
CORPORATION OFT E T WN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231
March 3, 1981
Mr. W. Campbell
Central Lake Ontario Conservation uthority
1650 Dundas Street East
WHITBY, Ontario
Dear Sir:
Re: Flood Plan Ma in
I have received a copy of your le per to Mr. Mcllroy
of February 19, 1981 in respect of the designation of flood
plain areas in the Town of Newcastle. I am somewhat unclear
as to the purpose and effect of the agreement between the
Province and the Federal Government and what the implication
is to a local municipality, such as the Town of Newcastle.
Could you please provide me with ny background material
or supporting explanatory notes relevant to this matter.
Yo rs ve truly,
DNS:lb- D. N. Smith, M.C.I.P.
Director of Planning
3NTAe CONS ERVAT ION AU1,_HCR 17(
DATE: January 29, 1931
FILE:
MEMO TO: The Chairman and Members of tie Executive Com it 7�7
FROM: W. M. Campbell, General Manag r
M A R I Z;3 19 8]-`
SUBJECT: DESIGNATION of Aithori :y Floo plain flops
T,
D J
�-
An Agreement was entered into on March 31, 1978 between the
Federal and Provincial governme is re pectin flood risk mapping and other
flood damage reduction measures, The purposc- of this Agreement is to recog-
nize that:
. the intrusion by man into the flood plains of lakes and rivers,
. that such intrusion has resulted in public pressure on the federal and
provincial governments to assist in the construction Of protective works,
. that such works are costly to construct, operate and maintain,
. that disaster assistance repr&ents a finan ;aI burden I
on 'he public at
large and represents an income transfer to hose receiving the benefit,
. -that flood damage and costs to the public c n be reduced by control of the
uses made of areas prone to flooding,
that public awareness of the risks aid cost involved in occupying areas
prone to flooding may result in support of uch controls,
that comprehensive planning an management of such areas is a suitable
approach to reducing potential flood' damage
,,
that maintenance of adequate floodplains in a natural state has major
social benefits through signif cant nviron ental enhancement of valleylan s.
d
Consequently it h s bee deemec desirable to encourage the map-
Ping Of flood risk areas and sub sequen;ly having such areas "designated"
through a STEERING COMMITTEE, appointe to act on behalf of both levels of
C
government.
In the Agreement the term "desii9nation" is defined as "the
Joint determination by the Ministers for the purposes of the Agreement of the
geographical extent of the flood risk areas shown on the map referred to in
delineated areas".
The implications of havirig thesa maps recognized through
ugh
designation are that: ro
- nbither the federal or provincial gov rnment nor any agencies related thereto
Will contribute to further proj2cts that are vulnerable to flood damage,
. the zoning authority will b,: -en::ourag(!d to impose land use restrictions tha
Will prohibit all further proje is in design ted areas, that are vulnerable
to flood damage (water and sewn ie works exem. t if it can be shown that no
other reasonable location exist ),
federal and Provincial disaster assistance sfall not extend to costs nor
losses incurred as a result of z, flooc with respect to any project commenced
or any moveable property placed withir an ar a after its designation.
The steps necessary for, implementing the designation process are,
subject to Authority ratification,' to obtain the approval of local and regiona
councils, federal and provincial members of parliament, and then apply to the
Inter-governmental STEERING COMMIITEE for designation. An extensive public
awareness program, comparable to that undertaken in conjunction with the Oshawa
mapping, is also a prerequisite for designation.
RECO13 F11DATION Ex. Res 10/8 1 ; Au h. Res. #44/81
THAT the Executive Conceit ee recortuffend, to the Authority that
the inter-governmpntaZ Stecrine'9 Commit ce be petitioned to
designate aZZ CentraZ Lake Ontario Con ervation Authority
floodpZain mapping.
LAKe 0
-41
F1XC1jmb
CORPORATION OF THE TOWN OF NEWCASTLE
OFFICE OF THE TOWN CLERK
TELEPHONE 623-3379
40 TEMF ERANC E STRE =-T
sM BOWMANVILLE, ONTARIO
L1C3A6
Fboruary 26 1981
Mr. W. M. Campbell
General Manager/Secretary-Treasurer "Al
Central Lake Ontario Conservation Autho ity
1650 Dundas Street East
Whitby, Ontario UN 2K8
Dear Nt-. Campbell:
Re: Flood Plain Mapping.
Thank you for your letter dated FebruarV 19 1981 regarding Flood
Plain Mapping.
i have referred your letter to W. D. N, Smith, the Director of
Planning, who will report to the Planning and Development Committee
with view to making a recommeendati:)n to Cc)uncjl.
We shall advise You of Council's a--tion in du course.
Yours very truly,
JMM:nof
Jo P M. McIlr A.M.C.T.
OT;;n Clerk
cc: Mr. D. N.* Smith,
Director of Planning
y LAKE
Q 1 v I o V
0 <ro�, ti
lT Q,0N Pv
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
1650 DuNDAS STREET EAST, WHITBY,ONTA 10_ UN 2K8 (416)579-0411
REF Bit?.
February 9, 1981 .
1)F k�LEA CACTI
Mr. J. M. Mcllroy, DEPARTMENT
Clerk, sa
Corp. of the Town of Newcastle,
40 Temperance Street,
Bowmanville, Ontario,
LlC 3A6
Dear Sir:
At its regular meeting on February l th, 1981 the Central Lake
Ontario Conservation Authority passed a Resolution to have all flood-
plain mapping within its watershed DESIGNATE[ by the Inter-governmental
Steering Committee, as set out in the terms of the attached agreement.
One of the prerequisites for the Steering Committee' s consider-
ation of the Authority' s petition for ESIGN TION is Council ' s endorsement
of the Authority' s action in this matt r.
Accordingly, we respectfully r quest Council ' s favourable consid-
eratibn of this matter.
Yo rs truly,
.0
encl . W. M. Campbell ,
WMC/jmb Ge eral Manager/Secretary-Treasurer.
AN ACREEMEY ,ES?EC I' - FLOOD
RISC; t„PPIr;G At:O C THrP FLOOD K=E Ri>ZTl0N u,
IN THE PRO INCE OF OWTARIO '
1 -
THIS AGREEMENT made this 31st day of (larch, 1973
t BETWEEN: �
HER MAJESTY THE QUEEN I 1 RIGH1 OF CAN)DA as
herein by the Minister Df the Environment, hereinafterd
referred to as "Canada"
tht party of the First Part
AND
HER MAJESTY THE QUEEN I ; RIGHT OF ONTARIO as represented
herein by the Minister f Natural Res urces hereinafter
referred to as "Ontario'
the party of the Second Part I
WHEREAS flood plains are part of a lake or river bed and certain •n,,,,
uses have been and are being made of such plains by man, in Competition with
the lake or river, that invite risk Q life and inevitable damage to pro ert
thereby increasing the potgnti 1 for amages in the event of a flood; p y, _
AND WHEREAS the increas in potential and actual flood da-.a
. the. reason stated has resulted in d ge for
provide or assist in the contt uctpion of protectivenworks�a and C� ario to
AND WHEREAS these works which include dams, diversions—dykes and _-
modifications to channels, are costly to construct, operate and maintain;
AND WHEREAS Canada and Mario, through their disaster assistance
programmes, and the public at large, :hrough ontributions, have been called
to assist in fighting flood emc rgenciis and Q extend disaster relief to ,
those affected by the floods;
AND WHEREAS the measureE described abere represent an income transfer
from the public at large to th se recfiving the benefit of such measures;
AND WHEREAS the potential for Mood da age and the costs to Canada,
Ontario and the public for such damag can be reduced by o.f the
made of areas prone to floodin y uses
AND WHEREAS wide public iwaren ss of tie risks add costs involved ;
in occupying areas prone to flooding is lil:el to result in support control of the uses made of such area for the
AND WHEREEEAS comprehensive rivet basin Tanning and management
programmes, where such are in cffect, also pr vide a suitable a
reducing potential flood damage; pproach to
AND WHEREAS the maintenance of adequaty flood plains in a natural
state has major social benefits through signi icant environme p~
of valley lands; ntal enhancement
AND WHEREAS by Order in Counci No. 19'8-3/427 made the 16th day
of February, 1978 the Governor in Cou cil has authorized the Minister of
the Environment to enter into t1is Ag eament on behalf of Canada;
AND WHEREAS by Order it Heil No. 903/78 nude the 30th day �
of March, 1978 the Lieutenant rnorf in Cou Cil has authorized the Minister
ft�`tYlr�h �eso�'r�s to erg. -_
:his A-- ent on behalf of Ontario:
IT IS THEREFORE AGREED BET:;E Et: THE FAf TIES HE ,ETG NS iGL.G::C;
Definitions
1• In this Agreemient,
(a) "Ministers" means the Min ster of the Environment for Canada and
the Minister of Natural R�sources for Ontario;
(b) "project" means ( t�
(i) the Construction, erection, extension or alteration of
any building or structure 0-her than:
i
A) a buildi g or structure for agricultural use or
B) an open air building or structure for recreational use; and
(ii) the use of land whether sur ace or subterranean use for
any purpose other tIan agri ulture or recreation;
(c) zoning authority" rearts any gove-r..r.=_nt or department or agency of
government, whether federal , provincial or municipal , or any body
or person empowered by lavi to imp se land use restrictions;
(d) "designation" means the joint det urination by the Ministers
for the purposes of this greemen of the geographical extent
of the flood risk areas sown on he map referred to in
Clause 7(b).
e) Conservation Authority" Jeans an authority estes1i;0d under the
Conservation Authorities Act (Revised Statutes of Ontario, 1970,
Chapter 73).
BASIC APPROACH F R REQ IaG P0; Q AL FL03D DwvSE
2(1) The best results in reducing 9 Pitential flood damage in Ontario will be .
achieved if,
(a) consideration is given, i each c se where fled damage reduction
measures are propo ed, tol
al1 Pre ticable stru,tural and non-
structural alterna ives, ncludin the alternative of allowing
sore flooding Lo o Cur, s It t e best choice on the basis of
effectiveness, cost , resultant be efits and environmental impact
is made; and
(b) preference is giver , subj ct to p ragraph (a), in areas deternined
to be flood risk areas, t measur s that prevent all undertakings
vulnerable to flooc damag .
(2) The principle stated in sub-clause (1) shall be give; effect by means
of the policies and mea ures h reinaft r described. _
POLICIES RESPECTII!' GO'c ERNMEUT PR _CTS ASO PR3S;An:;ZS
3(1) Upon the designation of a floodd risk area pursuant to clause 13
(a) each Party shall e sure that
0) its departmor is and agencies do not in a designated a red,
engage in an• furth�r projects that arc vulnerable to
flood damage and
NO its Progra,mos of hoinciD esstst!nco to third parties
are 4dminist red so! that nc assist!n:e is -given to an
further projicts in a designate, are y
a that are
vulnerable A flood' damage and, Without limiting the
generality oi the foregoinS,
(A) The Dap artment, of Regional Economic Expansion
will no i grant; a develop7ent incentive or a
loan guarantee, under the —PROOnzi-Clejel n7ent
Incenti •es Act with respect to a facility that
Ts Or T to be located in a designated area
and that is vulnerable to flood damage, and
(B) The Cen ral Mortgage and Housing Corporation will
not ext nd financial assistance, Whether by loan,
contribution, guarantee, insurance or otherwise,
under the National Ho• sina Act with respect to
any further projects in a designated area
that are vulnerable to flood damage; and
(b) each Party shall, Object to sub-clause (2),
with respect to any part of the area where the zoning
authority is neither federal nor provincial encourage
the zoning atthority to impse land use restrictions
that will pr hibit all further projects in a
designated a ea that are vulnerable to flood damage, and
(c) where it has been Kown that no other reasonable locations
exist other than ir the designated flood risk areas, and
that adequate prov- sions for flood proofing have been made,
water works and set age works as defined in the Ontario
Va ter Resources Ac
exempt from the pr ' R.S.O. 1970 (as ameniti) shall be
visions Of Section 3(1)(a) and continue
to be eligible for the same financial assistance programs
as before the sign ng of this A;reene2t.
(2). Sub-clause (1)(b) is di cretionary where the designation is an interim is
designation as provided in clause 13(2).
(3) Where the Ministers fai to make a designation within six months after
receiving a map with a lecommendaticn that the flood risk areas shown
therein be designated, ( ither Party ray jr;levert
the Policies described
in su5-clause (1)
in thi flood risk areas as shown on such map, not ,
withstanding that the 0 her Party may no: Pave undertaken or undertake
such implementation.
4(l) Subject to sub-clauses 2) and (3), assistance under
ed
extend to costs and
losses incurred, as a Asult of a flood, with respect to
provincial disaster ass stance progra=n shall not any feral or
(a) - any project conraenced; or
(b) any moveable property Placed
within an area after it designation or interim designation as a flood
risk area.
(2) Sub-clause (1) does not affect the 00icability of any federal or
Provincial assistance P -ogramme, in t• se circumstances there the
prerequisites for assis ante are met, to costs and losses incurred
(a) with respect to a �1 roject commenced Or moveable property
Placed within an a Ca Prior to its designation as a fl;od
risk area;
ILI
(b) with respect to a roject Or =E able Prcwty located
outside the design tad flood ris? area; Cr
(c) as a result* of a disaster other than a flood;
(d) to water works and Sewage works as defined in A Ontario
Later Resources AQ, R.S.O. 1970 (as amended), subject
to the provisions f Section 3(1)(c).
(3) there the Governor in Council decides that extraordinary circumstances
in a Particular case wai rent it, Canada may provide assistance, according
to the terms of its Disi Ster Assistance Programme,
or losses described in !ub-clause with respect to costs
(4). Where Ontario decides that extraordinary circumstances in a particular
case warrant it, Ontari ) may Provide assistance, according to the terms
Of a disaster assistance program, with respect to costs or losses des-
cribed in sub-clause
STEERING COXMITTEE
A Steering Committee shz 11 be established, consisting of two members
appointed by the MinistE r Of the Environment for Canada and two
members appointed by the Minister of Natural Resources for Ontario.
(2) The Ministers shall chowe an Ontario member to be chairman of the
Committee.
(3) The Steering Committee shall
(a) be responsible for the general adninistration of this Agreement;
(b) maintain co-ordinvion between tha Parties in the implementation
of this Agreement and any agreement entered into pursuant to
clause 6(2);
(c) perform such funct ons and duties as are assigned to it in this
Agreement or any a reement that is entered into pursuant to
Claus_ 6(2);
(d) there the Parties have agreed or lgrec to a CWPrehensive river .
basin Planning and management programme under "hich reasures to
reduce potential flood damage are or are to be carried out, maintain
such co-ordination with the committee or board responsible fcr the
implementation of the prcgrar7e as is necessary to ensure adequate
exchange of informnion and to avoid diplicaticz under this
Agreement or any agreement entered into Pursuant to clause 6(2);
(e) propose that such agreements be entered into or Projects be under-
taken and develop such programmes as, in its opinion, are needed
for the effective implementation Df this Agreement;
(f) establish approprive financial procedures with respect to sharing
the costs of carrying out this Agreement;
f i
to the Parties appropriate means or undertaking them;
(9) design the studies referred to in clause 6(1 )(b) and reco'ns end
(h) review, and ii satisfactory, appr ve any prop:sal that a contract
be entered into by either Party o a Conservation Authority to
carry out any of the work referreJ to in clauses 6(1)(b) to
(e) inclusive;
(i) where a contract is to be entered into pursuant to clause
review the contract proposals received and, if satisfactory,
recoacend approval ;
report annually to the Ministers 3n the Drogrp&s in irplementing
this Agreement and any agreement ;ntered into PUrSu6nL to clause
6(2)
establish a Technical Sub-Committee ccmpos;d of an equal number •
of members for eat t Party and assign to the Technical Sub-Committee
any of its' duties under this lgreIMEK as mutually agreed to by
the members;
keep minutes of all its meetings; and
(m) carry out such reh ted duties as the Ministers may request'.
MEASURES
The Parties shall , in cc
-operation with each other, undertake measures
to reduce potential flocd damage in Ontario including:
W B flood risk maPpirg programme as described in clauses 7 to 13
inclusive;
(b) a programme Of Stu( ies to review loud control reassres and
identify economic and environmentally fEasible,alternatives "k�
for reducing flood damages in areas of significant national
interest such as mvior tributaries to the Great Lakes;
(C) acquisition of* pro perty or easements by the Parties to reduce
flood damage potential in the regions identified in (b) provided
the studies described in (b) have been completed and have
indicated the desirability of such acquisition
in comparison
with other alternatives and provided flood risk areas have been
designated;
(d) subject to Sub-clayses 13) and (4), works to control levels or
flows of water where these are in the national interest and
provided the studies described in (b) have been completed and
have indicated the desirability of the said works in comparison '
with other alternatives and provided flood risk areas have been
designated; and
W other measures sue l as flood forkastimg and flood warning systems,
flood proofing and watershed planning.
(2) The Parties may from tine to time entEr into Other agree7ents on a
cost-sharing basis to uidertake measures, includir; agreements
respecting research or Yurveys, that Pay be necessary to give effect
to the principle stated in clause Z(I].
(3) NO WOrks to control floes or levels o! water shall be undertaken
pursuant to this Agreement unless
(a) the studies carrieJ out pursuant to clause 6(1)(1) show that
the benefits derived from the pr c tenion afforded by such
Works exceed the Usts thereof;
(b) an adequate enviroiwental assess r 2rt, completed in advance of
any Such works, sh)ws that they 2re unlikely to have a significant
adverse effect on he environment; and
(c) Ontario obtains a Mmitment on he part of the Unscrvation
Authority or municipality witbin whose jurisdiction such works
are located
0) to Obt" 11 rights-onwa3 required for such works, and
J
2 MY= 10� of the CCS:S Cf any 0ork! providing
it I'Th flop c protection,
Any works to control fl as or levels 0 . wa
Payment of an ter for which the grant or
y Public n "ons of Canada are authorized or made by way
Of contribution, sutsid; , loan, advaric or guarantee shall be s
to the terms, conditions and WNW ns as ubject
hereto and effect shall be given to th Sam Set forth in Schedule D
works. e in the execution of such
F 000 RISK MAP M3
io
7- The Parties shall , in co operation with each other and as hereinafter
Provided,
(a) determine, at each lace listed ir Schedule A,
to flooding by and
t
extent of the areas that are prom E the location
of water named in tie Said Schedule with respect t he body(ies)
0 such place; .
(b) designate flood rise areas and delineate them on maps;
(c) make information about the designated flood risk areas available
to zoning authorities and to persons, including gove an
agencies thereof, who may be considering
at any time rnments a project,d
at or near a Place named in Schedule A; and
(d) carry out a Public information prcgrar7e to inform the public
about the Purpose ol the flood risk mapping to be undertaken,
the progress therew and the infornation obtained.
The hydrologic and hydrailic specifications Set out
and the surveying and m in Schedule B
a1ping specifications set out in Schedule C
shall be complied with it
(a) carrying out all StLdiWS and survey s necessary to determine
the location and extent of the are�s referred
7(a) , and to in clause
• (b) preparing and printing the maps referred to in clause 7
the information referred to in 7(c). (b) and
(2) A Party or a Conservatior Authority may, with the approval of the
Steering Committee, enter into a contran to have any work referred
to in sub-clause (1) don c by a third Pany.
9. Any report or other form of information made available
as rejuired
in clause NO , and any rap prepared as provided for in clause
7(b) or republished a s p rovided for in lause 10, shall bear
identification as a joint Publicaticri of the Parties.
10. Any map that has already been published by either Party and that
Shows, in accordDnce with the specificaLicns set out in Schedules
and C, an area referred to in clause may be republished pursuant
to this Agreement.
es A, B, C. or D may be revised t an tire
life of this Agreement as mutually agreed t 0 y by the d uring the
11. Schedul a
represented by their respective menber5 on Parties as
the Steering Committee.
RESPOUSIBILITILS OF THE STEERING COTYITTEE
U11H
12(1) The Steering COanittee established pursuant to clause 5 shall
determine the sequence in uhich the a -cas
I i St
Shall be mapped; Ij in Schedule j.
(b) revicu and if SWsf actory. approve any pro poral that
contract be entered
J, into pursuant to clause 8(2);
(C) where a contract is to be entered int pursuant to varagr2ph (b)
review the contract proposals receiv, and i
recommend approval ; .
i.f sat satisfactory,
(d) ensure that the specifi:ations set oul
CCMplied with in ea in Schedules B and C are
Ch Study Or survey undertaken and each ma
prepared pursuant to clause 8; p I.
I (e) review maps already Published by either Party showing
location he
on and extent of ny area or areas within the province
that are Prone-to flooding;
(f) determine that a nap reviewed Pursuant to paraCraph te) or
Prepared Pursuant to Clause 7(b) for publication
the specifications set out in Schedules B and C; complies with
(9) review the map, referre< to in Paragraph (f), and material
relevant thereto and, V Satisfied with the adsquacY of such
map for the purposes of this Agree Tent, recommend 1c the
Ministers that the flooc risk areas Shown on the nap be
designated;
(h) Upon determining that a map referred to in Parqraph .W
not comply with the specifications set Out in Schedules 6 does and
C, recommend to the Kinisters whether
an interim designation, purswant to clause 13(2)
the flood risk m areas shown therein should be ' of
and aje.
remapping of the areas prone to flooding at the place
or Places shown in
the map shoulJ be carried cut;
upon the designation Pursuant to claust 13 by the 15nisters
Of flood risk areas sho"n in a map, pu0sh or cause to be
Published such map;
be responsible for OF design and i a material
in which information is to be made ava i table pLrsusn t to
clause 7(c);
be responsible for designing and carry ng out the
information programme referred to in c ause 7(d) ; pub,j
c
prepare for the approval of the Partie! , an annual programme
Of work and an annual budget;
(m) establish the financial )rocedures referred to in clause
150)(b); and
(n) carry out such other related duties as the Ministers may request.
DESIGNAT10:1
13(1) the Ministers shall, upon receipt of a
-determine
referred to in clause 120)(91, Map with a reco-rendation as
whether Su:h rccOmmendation
should be accepted, and upon acceptance, designate
areas shown on the map. thO flood risk
T •, Ministers shall , upon roceipt of
referred to in 02 ricaZmenQtion as
use 02; consider LN map
adequate for the purpDj, ,k, an
risk areas shown therein and Such intirim fes'OnatiOn Of the flood
des ignatlon shall have effect
Until replaced by a designation purss oz to sub-clause (1).
FINANCES
14(1) Subject to clause 18 an 6(3)(C) the CSIS Of Carrying out clause 6
excluding clause 6(1)(a), shall be shires equally by the Parties
but the total Sum Payable by each Far il for such costs shall not
exceed 5600,000.
(2) Subject to clause 18, tie cost of Car yin; out
(a) the costs Of Carrying out clause ill)(a)
equally by the Parties but the tctal S shall be shared
Party for such cos S shall not excee um Payable by each
t 54,000,0&0, and
(b) Sub-clause (a) sha 1 aPPlY 10 Costs incurred by Ontario
for flood risk maKing subsequent cc parch 31 , 1977,
Provided these expenditures relate Oirectly to measures
Stipulated in this Agreement and that a:prcval for
Payment as shared ( osts has been green by the Steering
committee.
(3) I.'hen financial contribu- icns are made by Conservaticn Authorities
or municipal governmenn
Such contributions shat to the cast Of carrying cut clause 60 )(a)
be considers.; to be incurred by Ontario.
Ontario shall , subject 1
necessary funds with re,0 Vislative 1pprc:;Kajicn of the
the Parties
pect to the costs that are to be shared by
pursuant to clause 14
Pay such costs as they Come due; onc
(b) where the cost is incurred by Carlda, reimburse Canada up on
Submission of the
claim in accor' oce With Procedures to be
established by the
Steering Committee for such purpose.
(2) Canada shall, upon receipt of Claims f-on Ontario, pay upon a
quarterly basis, its share of the cost; paid by Ontario pursuant
to sub-clause (1).
16. Each Party Shall ensure that each exPelditure that it submits to
the other Party as a Cost to be shared pursuant to this Agreement
Was Properly made and is adequately_do:u7s ntel.
17(1) Each Party shall retain adequate docum;712;ion and recoris of the
• Costs incurred by it arc submitted by it 1i the other Party as costs
to be Shared pursuant tc this A3reemeo " upon request,
shall .
Make available such documentation and ecords for examination by
auditors of the other Party.
(2) Any discrepancy disclosed by audit telween
to Ontario he amulet paid by Canada
aria pursuant to Sub-clause 1021 and the amount Payable by
it shall be promptly adjusted between the parties.
Each ;*arty shall bear the entire cost Of the Salary and travelling
and related expenses of
(a) each Of its rembers of the Steer;
and and Technical Sub-Committees;
(b) any Other enpicyee t, 0, 1 though crgl;ed in an acti,it, he,
under has not been
S'ecificallY aslignid to OC eng-j'ed on I
full-time basis for arrying Out this Agreement and suzh
costs shall not be i cluded in the limit Stipulated in clause 14.
19. Where a Party supplies, Qr the purpose of carrying out this
Agreement,
(a) material, equipment )r other property;
(b) the use Of Office sp ce or of any facilities; or
(c) services, other than the services referred to in clajse 18,
the same shall be su plied at the cost to the party supplying
the property, facili ies or serviccs.
GENERAL
20(1) Unless Otherwise agreed t by the Parties, this Agreement,-shall
terminate on the 31st day of March, 198i, subject to the
following;
(a) the flood risk mappilg programme described in clauses
7 and 13 both inclusive, shall be ccmpleted by the
31st day of March, 1 ;'83; and
(b) the Provisions of this Agreement respecting the payment of
the costs of the flo)d risk mapping programTe shall remain
in effect for six mOlths beyond the termination date
referred to in (a).
(2) Upon written request of either Party an with the apprc:sl of the
Governor in Council ,this greement may be revised or amendet.
21.
NO member of the Parliament of Canada or of the Legislative Assembly
of Ontario shall hold, Way, or be admitted to any share, part or
benefit from this Agreement or any agreyent, cc5tract or benefit
arising therefrom.
U11NESS WREN the IcnourzYc Ro-so 1:11anc rj
Fisheries and the Environment 'or Canada, ant ZI: hDrCM14 LEI Varchans.
Minister of State (Env&Onment) fcr Canada, have heramc Set tLeir Qrfs on
behalf of Canada and the hOnOw •AWIC Frank S. Miller, Minister Of Laturel
Resources, has set his hand on behalf of Ontario.
Signed on behalf of Canada
by the Honourable Ror---zO LeBlan:,
in the presence of
.Signed on behalf of Canada
by the Honourable Len Marchand
in the presence of
Signed on behalf of Ontario
by the Honourable Frank S. Miller
in the presence of
Signed by the Honourable Marcel Lessard,
Kinister of Regional Economic Expansion
for Canada in the presence Df
Signed by the Honourable Andr; Wallet,
Minister of State for Urban Affairs of
Canada in the presence of
tc
SCHEDULE "A'
All flood vulnerable sections Of the streams and rivers under
the jurisdiction of the follo�� nc
. � Conservation Authorities: . a:
Ausable Bayfield Mississippi Valley
Cataraqui Region Moira River
Catfish Creet; ��
tlapanee Region
Central Lake Ontario Niagara Peninsula
Credit Valley Nickel District
Crowe Valley North ay - t•iattaaa
Essex Region North rey Region
Ganaraska Region Nottawasaga valley
Grand River
Halton Region Otonabee Region
+
Prince Edward Region,
Hamilton Region Raisin Region
Kettle Creek Rideau Valley
Lakehead Region Sauble Valley
Long Point Region Saugeei Valley "
Lower Thames Valley Sault te. Marie a,�
Lower Trent Region Region
'
g South ake Simcae
. Maitland Valley South --
Mattagami Re icn ration River
9 St. Cl;ir Region.
Metropolitan Toronto Upper Thames River
and Region
as well as the flood vulnerablc sections oft e follcwin; rivers:
Ottawa Muskrat
Black (Washago) Spanis ,
Goulais UabiSo on
Missin ibi Wanapitei
Montreal Winisk
and shoreline areas of lakes:
Ontario .
Erie
St. Clair
Huron and Georgian Bay
zap
rw
i
i
i
( Sf.HECULE "0'
I.AG_ E_PATES
1 (a) Ontario shall determine the clz s
or classes of 40r kmen
required for the execution of t •e r:oria
this Agreement a d with respect to t;hich c the ente pr-. 1oavisteJ ioby
ns
herein are applicable and shall establish a schedule of
wage rates appropriate for each such clan
wage rates actually bzse on the
workmen in the area in Which e or similar classes of
a ge match ea h eon:: is to be carried
out or such other i�rzge rates as may be established by
the legislation of Ontario.
(b) Should Ontario soldesire will, request, DA partment upon provQvinle Of Labour
' y
of gage rates
appropriate for t e area in
carried out. whi h each work is to be
(c) In no case shall any wage rate be less than h�
of the minimum ho rly rate of z t - ecuivalen. 't
to the Canada Labour (Standards) Coca. gybed by or pursuant
CURTME
2. Overtime
shall be paid for all hours wor14 in excess e` p '
and 40 in a week except for hours ti;or :-d on road bui;JOf and heavy 9y.�_
:naday
construction for which rertime shall be paid for a?1
excess of 10 in a day a id 50 in a Free' , and the rate aho,rs worked in
shall be at least equal ll overtine
determined �o one and or, ergo times the tira^e
pursuant to �aragraph 1(a� hereof_ y- rates as •_
HOURS OF t;0R;
3. The daily or weekly ou
or ar. - y hou s of work of persons employed to de the whole s
} part of each ;;or contemplated t_ this Agree7e to chic
the provisions herein a e - h in
do road building onstructio o ork than PersDns e0loyed to
g or hea y construction ;
day and 45 in a 1•;e work shall r,o: exceeJ E in a
ek, a d the weekly hours of Qcrk c`
employed to do the l:ho] or an censors
construction work, if a l contemplate of the road bu idir, or heavy
exceed 60 hours in a week excceptrpher� by this Agrse-en shall not
because of special or e, ergentpsitheri longer provided authorized
and 5 hereof- C P in sections 4
I
4_ Should Ontario be satisfied that s eci
would justify exceeding D 1Y circumstanCes exist which
hereof, it may a
g the hours of wv t described ir, section 3
uthorize longer hours, '
authorization and therefor shall be the�fullrresponsibility
Of the said Province. re
S• It shall
be the respor.si i 1 i ty of Ontario Q3
nta io Q.
to be followed and to ad inister the s _ to deter,miTe the
in the Procedure
work described in sectio
3 hereof are exc the event the hours of
emergency e_.,_., b•.
• situations as ollo�ls; � reason of
(a) an accident involviil9 injury to a ,orkman-
,
(b) a breakdown of or d Me to cachinery or
equipment, or
i _ -
G
7y.
(C) Other unforeseen, u preventable or erergent
SitpaLions.
6. For the purposes of th'SI'Agreemcnt road building and navy construction
work shall include the fflowing categories as weII 21 Such other
categories as nay be agreed upon by the Parties herein:
(a) road building and h avy engincerirg projects
requiring the use 0 heavy expensive equipment;
(b) road and bridge conitruction;
(C) installation, diver ion or relocation of services,
including, but not limited to; sEwers, watermains
and electrical duct
(d) construction of cau eways, canals drains, and dykes;
(e) Construction of pip lines;
M marine projects, in luding but no limited to the
construction of wha fs, breakwateis; and
(9) marine dredging protects.
SO KS AND RECORD
7. Ontario shall ensure thal all contractors engage! in etch work
conter,-plated by this Agreement to which the provisions herein
are applicable keep prcp r books and records showing the names,
addresses and classifica lions of employment and work of all
workmen employed in such work and the rate of waSes. the ya3es
paid and the daily hours1worked by such workmen.
S. Ontario shall include the provisions J sezticns 1(al, 2, 3, and
the requirements of sc:Qion 6 hereof in every tender'callej and
the same shall be Included in each and evQry contract a%varded
for the execution of each work contemp ate& by this A;reement
to which the provisions herein are applicable.
9. Enforcement to secure c 7DIiance with he provisions as set cut
above shall be the res risibility of Mario throigh its designated
department or agency.
10. Should complaints of all I eged violations hereof be soVitteo to
the Canada Department of Labour or any other federal leparzncnt
or agency, they will be to the appropriate provincial
authority, which shall esolve the same in whatever manner it
may deem proper.
I AT I-'C
CC,; UIL I AT I V[ SER1.110ES
11. Ontario may see% the aaa+dFice and assistance of the Lai:wr Standards
Branch of the Canada Wartment. of Latour, which way act in a
consulting capacity for the purposes of this Agreement.