HomeMy WebLinkAboutTM-114-79 0 F. --
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TM-114-79
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: His Worship the Mayor and Members of Coune ' III
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FROM: A.C. Culler, Town Manager
DATE: October 17th, 1979
SUBJECT: Council Resolutions
#C-1368-79
"THAT the Region be requested to consider flouridation
of water supplies in the Town of Newcastle as
has' already been carried out in Ajax, Pickering,
Whitby, Oshawa. "
OLD 9-79
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"THATJ�,the foregoing resolution be amended to
1,proviae that a Public Meeting be called by the
Region in Bowmanville to discuss this matter." i
SIC-1370-79
THAT the foregoing amendment be amended to provide
th lr the matter would be subject to a pleb]acite
be g4aken at the next election. "
�Ili 3 -79
!` T the whole matter be tabled pending ���� c o
rom e Tom Manager on procedure in this;"W
As requested we have zeviewed the procedure for the fluoridation of a
water supply system under the Fluoridation Act, and in discussions with
the Regional Solicitor's Office we find that neither. the Town of Newcastle
nor the Region of Durham are authorized under the Act to carry out
fluoridation of the Bow,manville water supply system.
The establishment of a fluoridation system is authorized under Section
2(1) and (2) Chapter 178, R.S.O. 1970 (The Fluoridation Act) .
Section 2(1) and (2)
(1)Where a local municipality or 'a local board thereof owns or operates a
waterworks system, the Council of the municipality may by by-law establish,
maintain and operate, or require the local board to establish, maintain
and operate., a fluoridation system in connection with the waterworks
system.
(2)The council may, before pa bAng a by-law under subsection 1, submi the
following question tothe, 1.c � ors of the municipality:
Are you in fav�ur. oft fluoridation of the public water all
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supply of this municipality?
and, where the question receives the affirmative vote of a majority of
the vI ve tors who vote on the cit,en r i on, the cocnnc i l nhal l pnnn the by-1 nw,'
or, where the question does not receive the affirmative vote of a majority
of the electors who vote on the gws;tfon, the council shall not pn s the
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by-law until the question has again been submitted to the electors of
the municipality and it has received Cie affirmative vote of a majority
of the electors who vote on it.
Section 55 (7) of the Region of Durham Act states as follows:
"Subject to subsection 13, on or after the lst day of January, 1975
no area municipality shall have or exercise any power under any act
for such supply and distribution of water, or the financing thereof."
The Region of Durham Act does not define the Region as a local municipality
for the purposes of the Fluoridation Act, and therefore, the only alternative
is for Council to petition the Minister of Intergovernmental Affailb
to amend the Region of Dtizl-�am Act to designate the Regional Munich ality'
as a local municipality for the purposes of the Fluoridation Act.
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I am also attaching a copy of the letter from the Regional Solicitor's
Office regarding their interpretation of the Act.
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