FUND PURPOSE

The Tay River Legal Defense Fund was founded in May 2002 by local volunteers to protect "the Tay River and its sources in Christie and Bob's Lakes". It was organized to provide financial support for individuals responding to legal and ministerial appeals by OMYA(Canada) Inc. against the decision of an Environmental Review Tribunal of a Permit To Take Water issued by the Ontario Ministry of the Environment. This ERT decision imposed significant precautionary measures on the water taking to allow more time to monitor and assess the environmental impact of the taking.

The eight individuals and community associations who challenged the decision of the MOE to issue the permit (see OMYA Permit To Take Water) faced substantial personal costs arising from that challenge. These arose from such diverse needs as photocopying, travel, legal retaining fees, and data acquisition to support their case before the Environmental Review Tribunal (ERT). The permit applicant, by virtue of its size, was able to support their costs, including the hiring of a major environmental law firm in Toronto. There was a need to bring some balance to this contest.

The Fund provides a structure for the solicitation and receipt of donations and the disbursements of funds in payment of costs incurred for the above. With representation by the Canadian Environmental Law Association and the assistance of the Fund the citizens responding to these OMYA appeals were able to continue in their environmental defence of the Tay River watershed (see Chronology).

The publication of the information notice "Replacement Permit to Take Water for OMYA", (EBR Registry Number XA04E0001) confirms that the purposes for which the Fund was established have been attained, at least for the present.

Nevertheless, the Board intends to maintain the Fund and keep it available for future use, should other matters of environmental concern arise.

FUND MANAGEMENT

The Fund is managed by a four member Board of Directors with two officers, a President and a Secretary - Treasurer. At the present time, the Board comprises:

Chairperson - Don Boyle, Pike Lake, retired teacher
Secretary/Treasurer - Frank Roy, Perth, retired engineer
Member - Lynn Daniluk, Maberley, Editor, Greenspace Magazine
Member - David Taylor, Glen Tay, business consultant.

Although the Fund is not formally incorporated, its operation and activities are managed by a voluntary Board of four Directors according to the objectives and conditions set out in its published bylaws. All members of the Board are considered responsible as Directors of the Fund under the Ontario Corporations Act. Meetings of the Board are recorded and the proceedings and minutes are available to Fund supporters. Formal meetings may be initiated and arranged by any Board Member with the advice and consent of the Chair. When, in the opinion of the Board, there is no further need for maintaining the Fund, the Board shall wind up the affairs of the Fund and monies remaining shall be donated to a Tay watershed project deemed appropriate by the Board.

As of 31 December, 2003, the Fund has received a total income of $10,006.86 from fund raising projects and the support of some 90 donors. Of this $7,527.50 has been disbursed in accordance with the conditions set out in the Fund's bylaws. Details of these disbursements are available to Fund supporters on request.

Enquiries regarding the Fund and its management are welcome.

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