c 178 Fluoridation Act

Ontario: Revised Statutes

1970

c 178 Fluoridation Act

Ontario

© Queen's Printer for Ontario, 1970

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Bibliographic Citation

Fluoridation Act ,

RSO 1970, c 178

Repository Citation

Ontario (1970) "c 178 Fluoridation Act,"

Ontario: Revised Statutes

: Vol. 1970: Iss. 2, Article 52.

Available at:

http://digitalcommons.osgoode.yorku.ca/rso/vol1970/iss2/52

CHAPTER

178

The

Fluoridation

Act

1. InthisAct,

interpre-tation

(a) "Chief Election Officer"

means

the Chief Election

OfficerappointedunderTheElection Act; c.142 R.S.O. 1970,

R.S.O. 1970,

(6) "electors"

means

electors as defined in The Municipal

Act and,ina municipalitythathas aresident voters'list

under The MunicipalFranchiseExtensionAct, includes 007284,188'

thepersonsonsuchlist;

(c) ''fluoridation

system"

means

a system comprising equipment andmaterialsforthe additionofa chemical

compound

to release fluoride ions into a public water

supply. 1960-61,c.30,s. 1.

S.

—

(1)

Where

a local municipality or a local board thereof

Estabiish-owns or operates a waterworks system, the council of the _^stem^

municipality

may

by by-lawestablish, maintain andoperate, or

require the local board to establish, maintain and operate, a

fluoridationsysteminconnection with thewaterworkssystem.

(2)

The

councilmay,beforepassing a by-lawundersubsection Voteas to 1,submitthefollowingquestiontotheelectorsofthe municipal- mento?

itv system

Areyouinfavourofthefluoridationofthepublicwater

supplyof thismunicipality?

and, where the question receives the affirmative vote of a

majorityoftheelectors

who

voteonthequestion,thecouncilshall

pass the by-law, or, where the question does not receive the

affirmative vote of a majority of the electors

who

vote on the question, the councilshallnot passtheby-lawuntilthe question

hasagainbeensubmittedtotheelectorsofthemunicipalityandit

hasreceivedtheaffirmativevoteofa majorityofthe electors

who

voteonit. 1960-61,c.30,s. 2.

3.

—

(1)

Where

alocalmunicipalityoralocalboardthereofhas piscon-afluoridationsystem inconnectionwith itswaterworkssystem,sy"tem^^°

the council of the municipality

may

by by-law discontinue, or require thelocalboardtodiscontinue, the fluoridationsystem.

Voteas to discon-tinuance of

system

(2)

The

council

may

beforepassing aby-lawundersubsection

1 submit thefollowingquestion totheelectors ofthe municipal-ity:

Areyouinfavourofthe discontinuanceofthe

fluorida-tionofthepublicwatersupplyof thismunicipality?

and, where the question receives the affirmative vote of a

majorityoftheelectors

who

voteonthequestion,thecouncilshall

pass the by-law, or, where the question does not receive the

affirmative vote of a majority of the electors

who

vote on the

question,the councilshallnot passtheby-lawuntilthe question

hasagainbeen submittedtotheelectors ofthe municipality

and

it

hasreceivedtheaffirmativevoteofamajorityoftheelectors

who

voteonit. 1960-61,c.30,s.3. When question maybe submitted Petition Idem

4.

—

(1)

The

council

may

submita questionunderthisAct to

theelectors atanytime.

(2)

Upon

the presentation of a petition requesting that a

questionunderthisActbesubmittedtotheelectors,signedbyat

least 10 percent ofthe electorsin the municipality, the council

shallbefore or atthenextmunicipalelectionsubmitthequestion

to the electors, but, if a petition is presented in the

month

of

November

or

December

in any year, it shall be

deemed

to be

presentedinthe

month

ofFebruarynextfollowing.

(3)

A

petitionmentionedinsubsection2shallbe

deemed

tobe

presented

when

it islodgedwith theclerk ofthemunicipality,and

thesufficiency ofthepetitionshallbedeterminedby

him

andhis

certificate as to its sufficiency is conclusive for all

pur-poses. 1960-61,c. 30,s.4. Joint water-works, esta-blishment ofsystem Idem, dis-continuance

5.

—

(1)

Where

awaterworks system isoperatedbyorfortwo

or

more

localmunicipalities, the

body

operating thewaterworks system shall establish, maintain and operate a fluoridation

systeminconnectiontherewith,

(a) where there are

two

suchmunicipalities, onlyafterthe

councils of both such municipalities have passed a

by-lawrequiringthefluoridationofthe water supplyof theirrespective municipalities; or

(6) wherethere are

more

than

two

suchmunicipalities,only

after thecouncils of a majority ofsiich municipalities

have passed a by-law requiring the fluoridation ofthe

water supplyof their respective municipalities.

(2)

A

fluoridationsystemestablishedundersubsection 1shall

be discontinuedwhere the councils ofbothmunicipalities or ofa

majority of the municipalities, as the case

may

be, havepassed

by-lawsrequiringthediscontinuanceofthefluoridationsystemin

(3)

Where

petitions signed by at least 10 per cent of the Vote on

electors in each such municipality, where there are two such _3pqn'""

municipalities, or in each of a majority ofsuch municipalities, petition

where there are

more

than two, are presented to the Chief

Election Officer requesting that a question under this Act be

submittedinbothorallofsuchmunicipalities, asthecase

may

be,

eachofthe municipalitiesbyorforwhichthewaterworks system

isoperatedshallsubmitthequestiontoitselectorsona datetobe

fixed by the Chief Election Officer, and the clerk of each such

municipalityshallcertifytheresult ofthevoteinhismunicipality

totheChief ElectionOfficer.

(4) If a majority of the votes cast in both or all of such Result of

municipalities, as the case

may

be, on the question set out in _bUshmerft

section2 isinthe affirmative, eachsuchmunicipalityshallpassa

by-lawundersubsection 1, or, if a majorityofthe votes cast in

both or all ofsuch municipalities, as the case

may

be, is in the negative, no by-lawundersubsection 1shall be passeduntilthe

question has again been submitted to and has received the

affirmativevoteofa majorityofthe electors

who

voteonit.

(5) If a majority of the votes cast in both or all of such idem,

dis-municipalities, as the case

may

be, on the question set out in

<^o"<^'""^"^^

section 3isintheaffirmative,thecouncil ofeach such

municipal-ity shall pass a by-law requiring the discontinuance of the fluoridationsysteminitsmunicipaHty. 1960-61,c.30,s. 5.

6.

—

(1)

The

councilofanylocalmunicipalitythatobtainsits Company

water supplyunder an agreement with a

company

publicutility _StiiitTes

may

passa by-lawrequiringthe fluoridationofthewatersupply,

andthereupon the

company

shallestablish,maintainandoperate

afluoridationsystem inconnectionwiththewater supplyofthe

municipality onsuch terms andconditions as thecouncil ofthe

municipality andthe

company

agree

upon

or,failingagreement,

asaredeterminedbyarbitrationunderr/ie^r6z7rahons

^d.

c.25

(2)

Any

fluoridation system established under subsection 1 idem,

dis-shall be discontinued where the council of themunicipality has^^"*'""^"^^

passed a by-lawrequiring its discontinuance,and theterms and

conditions of the discontinuance

may

be agreed

upon

by the council of the municipality and the

company

or, failing

agree-ment,

may

bedetermined byarbitration under The Arbitrations

Act

1960-61,c.30,s. 6.

7.

—

(1) In this section, the expressions "area municipality" Metropolitan

and "Metropolitan Corporation" have the

same

meaningsas in _^^^^

^^^^^

The MunicipalityofMetropolitan TorontoAct. c.295

(2)

The

council of the Metropolitan Corporation

may

by

Estabiish-by-lawestablish, maintainandoperateor discontinueafluorida-_Son^"

tion system in connection with the Metropolitan waterworkstj^i^uanceof

Vote on question Idem,upon petition Establish-mentafter vote Discon-tinuance aftervote

(3)

The

council oftheMetropolitan Corporation

may

fixaday

forthesubmissionofa questionunderthis Actto theelectors, in

whichevent theareamunicipalitiesshallsubmitthequestionto their respective electors accordingly, and the clerk of each area

municipalityshall forthwith certify theresult ofthe vote in his

areamunicipalitytotheclerk oftheMetropolitan Corporation.

(4)

Where

petitions signed by at least 10 per cent of the electorsineachofa majorityoftheareamunicipalities,certified by theclerksofthe respectiveareamunicipalities, arepresented

to the Metropolitan Corporation requesting that a question

underthisActbesubmittedundersubsection3,the council of the

MetropolitanCorporationshallfixadayforthesubmissionofthe

questionundersubsection3.

(5) Ifa majorityofthevotescastinallofthearea

municipali-tiesonthequestion setout insection2is intheaffirmative, the

MetropolitanCorporationshallpass aby-law undersubsection2,

or,ifamajorityofthe votescastinallofthe areamunicipalitiesis

in the negative, aby-law undersubsection2 shallnotbe passed

untilthequestion has againbeen submittedandhasreceived the affirmativevoteofamajorityoftheelectors

who

voteonit.

(6) Ifa majorityofthevotescast inallofthearea

municipali-ties onthequestionsetoutinsection 3isin theaffirmative, the

council of the Metropolitan Corporation shall pass a by-law

discontinuing the fluoridation system in connection with the

Metropolitanwaterworkssystem. 1960-61,c. 30,s.7.

Systems existing onMarch 29,1961 R.S.O. 1960, C.321

8. Every fluoridation system that was being operatedunder

theauthorityof ThePublicHealthActonthe 29thdayofMarch,

1961, shall be

deemed

to have been established and to be

maintained

and

operated under the authority of this Act. 19Q0-61,c. 30,s.8,amended.

Regulations 9.

—

(1)

The

LieutenantGovernorinCouncil

may

make

regu-lations,

{a) governingand regulating theequipmentand processes

that

may

be usedinfluoridationsystems;

(b) prescribing the nature and

amount

of the chemical

compounds

that

may

be usedinfluoridationsystems; (c) respecting any matter necessary oradvisable to carry

outeffectivelytheintent

and

purposeofthisAct.

Idem (2)

Any

such regulation

may

be general or particular in its