3649-2023 Authorize Agreement with South Nation River Conservation Authority (SNRCA)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH SOUTH NATION RIVER CONSERVATION AUTHORITY (SNRCA)
Passed by Council September 11, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3649-2023
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH SOUTH
NATION RIVER CONSERVATION AUTHORITY (SNRCA)
WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, as amended, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this Act;
AND WHEREAS the Conservation Authorities Act requires SNRCA enter
agreement with the Participating Municipalities to apportion municipal levy
continued delivery of WatershedPrograms and Services;
AND WHEREAS Council deems it desirable for the SNRCA continue to deliver
Watershed Programs and Services;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and the Clerk are hereby authorized to execute on behalf of the TOWNSHIP OF AUGUSTA this Agreement for cost apportioning for Augusta Township.
2. THAT Appendix A shall form part of this By-Law.
3. THAT this By-Law is in full force as of January 1, 2024.
READ a first, second, and third time and finally passed this 11th day of September, 2023
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
COST APPORTIONING AGREEMENT
WATERSHED PROGRAMS AND SERVICES
THIS AGREEMENT dated the 1st day of January 2024.
BETWEEN
SOUTH NATION RIVER CONSERVATION AUTHORITY
a conservation authority under the Conservation Authorities Act, R.S.O. 1990 c. C-27
(hereinafter “SNRCA”)
– and –
THE CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET,
THE CORPORATION OF AUGUSTA TOWNSHIP,
THE CORPORATION OF THE MUNICIPALITY OF CASSELMAN,
THE CORPORATION OF THE TOWNSHIP OF CHAMPLAIN,
THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND,
THE CORPORATION OF THE TOWNSHIP OF EDWARDSBURGH CARDINAL,
THE CORPORATION OF THE TOWNSHIP OF ELIZABETHTOWN-KITLEY,
THE CORPORATION OF THE NATION MUNICIPALITY,
THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS,
THE CORPORATION OF THE TOWNSHIP OF NORTH GLENGARRY,
THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE,
THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT,
THE CORPORATION OF THE CITY OF OTTAWA,
THE CORPORATION OF THE TOWNSHIP OF RUSSELL,
THE CORPORATION OF THE TOWNSHIP OF SOUTH DUNDAS,
THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
municipal corporations under the Municipal Act, 2001, S.O. 2001 c. 25
(hereinafter the “Participating Municipalities”)
WHEREAS SNRCA has delivered Watershed Programs and Services that further the
conservation, restoration, development, and management of natural resources within its
jurisdiction in consultation with the Participating Municipalities since 1947;
AND WHEREAS section 21.1.2 of the Conservation Authorities Act requires SNRCA enter into
agreement with the Participating Municipalities to apportion municipal levy for the continued
delivery of Watershed Programs and Services;
AND WHEREAS the Participating Municipalities wish that SNRCA continue to deliver
Watershed Programs and Services and agree to apportion a percentage of their municipal levy
for said programs and services;
AND WHEREAS the Conservation Authorities Act and Ontario Regulation 687/21 permits
SNRCA to establish and charge user fees for Watershed Programs and Services;
NOW THEREFORE, in consideration of the terms of this Agreement and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
1. Definitions
1.1. In this Agreement:
1.1.1. “Act” means the Conservation Authorities Act, R.S.O. 1990, c. C.27
1.1.2. “Agreement” means this agreement entered into between the Participating
Municipalities and SNRCA and has the same meaning as “cost apportioning
agreement” in Ontario Regulation 687/21.
1.1.3. “business day” means any working day, Monday to Friday inclusive, excluding
statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday;
Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day;
Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any
other day on which SNRCA has elected to be closed for business.
1.1.4. “municipal levy” has the same meaning as “apportionment” in sections 25 and 27
of the Conservation Authorities Act and Ontario Regulation 402/22.
1.1.5. “notice” means any communication given or required to be given pursuant to the
Agreement.
1.1.6. “parties” means the Participating Municipalities and SNRCA.
1.1.7. “party” means either SNRCA or one of the Participating Municipalities.
1.1.8. “Watershed Programs and Services” are the programs and services identified in
Schedule A that SNRCA determines are advisable to further the purposes of the
Conservation Authorities Act and has the same meaning as “Category 3
programs and services” and “other programs and services” in the Act and Ontario
Regulation 687/21.
1.1.9. “watershed-based resource management strategy” has the same meaning as in
Ontario Regulation 686/21.
2. Apportionment
2.1. The Participating Municipalities agree to apportion a maximum of twelve (12) percent of
their annual municipal levy for the delivery of Watershed Programs and Services in
accordance with sections 25 and 27 of the Act.
2.2. Municipal levy apportionment is determined annually from assessment data provided by
the province. Schedule B references 2023 municipal levy apportionment.
3. Watershed Programs and Services
3.1. SNRCA shall deliver the Watershed Programs and Services described in Schedule A.
3.2. The Parties agree the Watershed Programs and Services may be included in the
watershed-based resource management strategy.
4. Fees
4.1. The Participating Municipalities permit SNRCA to establish and charge user fees for the
Watershed Programs and Services.
4.2. SNRCA shall set user fees on an annual basis.
4.3. SNRCA shall provide a minimum thirty (30) days’ notice to Participating Municipalities of
changes to Watershed Programs and Services user fees.
5. Term of Agreement
5.1. The term of the Agreement is five (5) years commencing on the date of the date set out
above and end on December 31, 2028, subject to the renewal provisions of this
Agreement.
5.2. The Agreement shall be automatically renewed for a five (5) year term from January 1,
2029, on the same terms and conditions contained herein, unless the Agreement has
been terminated early in accordance with the terms or conditions of this Agreement.
6. Review
6.1. The Parties shall review the Agreement every five (5) years.
6.2. The Agreement shall be reviewed a minimum of six (6) months prior to the termination
date for the purposes of determining whether the Agreement is to be renewed by the
Parties.
7. Amendment
7.1. This Agreement shall not be amended except by instrument in writing signed by the
Parties preceded by six (6) months written notice to all Parties.
8. Termination
8.1. A party may terminate their participation in this Agreement upon delivering a minimum
six (6) months written notice to all parties prior to July 31 in a calendar year of the
Agreement.
8.2. The municipal levy commitment of a Participating Municipality that terminates their
participation in this Agreement shall remain in effect until December 31 of the year in
which the termination takes effect.
9. Notice
9.1. Notice must be in writing and shall be delivered by email, postage-prepaid mail,
personal delivery, or fax and shall be addressed to each Party listed in Schedule C.
9.2. Notice shall be deemed to have been given:
9.2.1. in the case of postage-prepaid mail, five (5) business days after the notice is
mailed; or
9.2.2. in the case of email, personal delivery, or fax, one (1) business day after the
notice is delivered.
10. Arbitration
10.1. If a dispute arises between the parties relating to any matter in this Agreement, the
parties agree to resolve the dispute in strict compliance with the following procedures:
10.1.1. To meet – with each party in attendance represented by legal counsel – within a
period of fifteen (15) days from the date a notice of dispute is filed by a party to
participate in good faith in negotiating a resolution of the dispute.
10.1.2. To negotiate in good faith, personally and through counsel, for a period of thirty
(30) days after the meeting.
10.1.3. If, within the thirty (30) day period after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, to submit the dispute to
arbitration.
10.1.4. The parties shall meet and appoint a single arbitrator. If they are unable to agree
on a single arbitrator within fifteen (15) days, then upon written notice by any
party to the other the matter shall be settled by arbitration in accordance with the
Arbitrations Act, 1991, by delivery of a notice of arbitration to the other party.
10.1.5. The costs of the arbitrator shall be split equally between the Parties.
11. Force majeure
11.1. The Parties shall not be considered in default in performance of their obligations under
the Agreement to the extent that the performance of such obligations is delayed,
hindered, or prevented by force majeure. Force majeure shall be cause beyond the
control of the Parties which they could not reasonably have foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, strikes, lockouts,
pandemics, fires, riots, incendiarism, interference by civil or military authorities,
compliance with regulations or orders of any government, and acts of war (declared or
undeclared) provided such cause could not have been reasonably foreseen and
guarded against.
12. Severability
12.1. The invalidity or unenforceability of any provision of the Agreement shall not affect the
validity or enforceability of any other provision of the Agreement. Any invalid or
unenforceable provision shall be deemed to be severed.
13. Counter Parts
13.1. The Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
14. Assignment
14.1. This Agreement shall not be assignable by the parties hereto without the written
consent of the other parties being first obtained.
15. Relationship of the Parties
15.1. It is expressly agreed that this Agreement shall not be construed as a partnership or
joint venture between SNRCA and the Participating Municipalities. SNRCA shall have
no authority to bind the Participating Municipalities for the performance of any contract
or otherwise obligate the Participating Municipalities.
16. Governing Law
16.1. This agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario.
16.2. The Participating Municipalities and SNRCA agree the venue for any litigation shall be
Ottawa, Ontario.
IN WITNESS WHEREOF the parties hereto have executed the Agreement.
SOUTH NATION RIVER CONSERVATION AUTHORITY
Signed by the Vice-Chair and Chief Administrative Office
We have authority to bind the South Nation River Conservation Authority.
THE CORPORATION OF AUGUSTA TOWNSHIP
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
We are authorized by bylaw to bind the Corporation of Augusta Township.
SCHEDULE A
South Nation River Conservation Authority
Watershed Programs and Services
1.0 Private Land Stewardship and Outreach
Private land stewardship and outreach includes:
i. tree planting;
ii. clean water programs;
iii. habitat restoration; and
iv. education and outreach initiatives.
Municipal levy supports:
i. staffing resources for program coordination, external funding applications, and reporting
for the tree planting, clean water, habitat restoration, and outreach programs; and
ii. cost-share grants to groups hosting water-related recreational events and supporting
community environment projects, and to private landowners for water quality
improvement projects.
Private Land Stewardship and Outreach represents 3.88% of the municipal levy and is financed
under section 27 of the Act.
2.0 Conservation Land Securement
Municipal levy supports the acquisition of conservation lands and the securement of external
funding sources (e.g., federal, provincial, and private). Conservation land acquisitions are
subject to Board of Directors approval and South Nation Conservation’s Land Securement
Strategy.
Conservation Land Securement represents 8.12% of the municipal levy and is financed under
section 25 of the Act.
SCHEDULE B
South Nation River Conservation Authority
Municipal Levy Apportionment
Apportionment follows the modified current value assessment method levy apportionment
calculation set by provincial regulation. Table 1 includes a reference summary of the 2023
municipal levy percentage breakdown by municipality.
Table 1: South Nation Conservation’s 2023 municipal levy breakdown.
Participating Municipality / Municipal levy breakdown by percentage1
Ottawa 76.81%
Clarence-Rockland 4.50%
Russell 3.98%
The Nation 2.47%
North Dundas 2.40%
South Dundas 2.10%
Alfred and Plantagenet 1.58%
Edwardsburgh/Cardinal 1.39%
North Grenville 1.30%
North Stormont 1.11%
Augusta 0.95%
Casselman 0.80%
North Glengarry 0.38%
South Stormont 0.20%
Elizabethtown – Kitley 0.02%
Champlain 0.02%
Total 100%
1 Municipal levy apportionment is set on an annual basis
as per assessment information provided by the Ministry
of Natural Resources and Forestry.
SCHEDULE C
Notice Contact Information
Township of Augusta
3560 County Road 26
Prescott, ON K0E 1T0
Email: officeclerk@augusta.ca
Attention: Clerk
