HomeMy WebLinkAbout02/11/2019Final
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General Government Committee
Agenda
Date: February 11, 2019
Time: 9:30 AM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to
make arrangements for accessibility accommodations for persons attending, please
contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by
email at .>gray(o)_clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
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General Government Committee meeting, the Municipality will be audio recording you
and will make the recording public by publishing the recording on the Municipality's
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Noon Recess: Please be advised that, as per the Municipality of Clarington's
Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break,
unless otherwise determined by the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
turned off or placed on non -audible mode during the meeting.
Copies of Reports are available at www.clarington.net
Clarington General Government Committee Agenda
Date: February 11, 2019
Time: 9:30 AM
Place: Council Chambers
1 Call to Order
2 New Business — Introduction
Members of Committee are encouraged to provide the Clerk's Department, in advance of the
meeting, a copy of any motion the Member is intending to introduce, (preferably electronic)
such that staff could have sufficient time to share the motion with all Members prior to the
meeting.
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 January 18 Minutes of a Special Budget Workshop of January 18, Page 5
Minutes 2019
6.2 January 21 Minutes of a Regular Meeting of January 21, 2019 Page 12
Minutes
7 Delegations
No Delegations
8 Communications - Receive for Information
There are no Communications to be received for information.
9 Communications — Direction
9.1 Peterborough
Michelle Griepsma, Chairperson and Michael Nasello, Page 27
Victoria
Director of Education, Peterborough Victoria
Northumberland
Northumberland and Clarington Catholic District School
and Clarington
Board, Regarding a Minimum Distance Between the
Catholic District
Proposed Cannabis Stores and Schools
School Board
(Motion to Refer to Staff for Consideration in
Development of Clarington's Retail Cannabis
Policy)
Page 2
Claritgton General Government Committee Agenda
Date: February 11, 2019
Time: 9:30 AM
Place: Council Chambers
9.2 CLOCA Chris Darling, Chief Administrative Officer, CLOCA,
Regarding Request for Site Alteration Permit Fee
Reduction
(Motion for Direction)
9.3 Region of Ralph Walton, Regional Clerk/Director of Legislative
Durham Services, The Regional Municipality of Durham,
Regarding Durham Region Comments on the
"Preserving and Protecting our Environment for Future
Generations A Made -in -Ontario Environment Plan"
Report 2019 -COW -5
(Motion to Refer to the Climate Change
Response Coordinator)
9.4 Dave Panetta Dave Penetta, Regarding Clarington's Open Air Burning
By-law
(Motion to Refer Correspondence to the Director
of Emergency & Fire Services to provide a
Report)
10 Presentations
No Presentations
11 Engineering Services Department
11.1 EGD -005-19 Transfer of New Municipal Infrastructure to Clarington, Page 29
Energy Drive from Holt Road to Crago Road
12 Operations Department
No Reports
13 Emergency and Fire Services Department
No Reports
14 Community Services Department
No Reports
Page 3
CIarington General Government Committee Agenda
Date: February 11, 2019
Time: 9:30 AM
Place: Council Chambers
15 Municipal Clerk's Department
15.1 CLD -004-19 Bill 68 Implementation Requirements Page 35
15.2 CLD -007-19 Appointments to Various Boards & Committees - 2019- Page 81
2022
16 Corporate Services Department
No Reports
17 Finance Department
No Reports
18 Solicitor's Department
18.1 LGL -002-19 Enbridge Gas Franchise Agreement Page 90
19 Chief Administrative Office
19.1 CAO -002-19 New Staffing Policy Page 106
20 New Business — Consideration
21 Unfinished Business
21.1 EGD -018-18 Clarington Urban Forest Strategy [Referred from the Page 113
September 4, 2018 General Government Committee
Meeting]
22 Confidential Reports
22.1 LGL -003-19 A matter that deals with advice that is subject to solicitor -client
privilege [Distributed Under Separate Cover]
23 Adjournment
Page 4
Clarington Special General Government Committee
Minutes
January 18, 2019
If this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Minutes of a special meeting of the General Government Committee held on Friday,
January 18, 2019 at 9:00 AM at the Garnet B. Rickard Recreation Complex.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill (arrived
at 9:36 AM and left the meeting at 12:07 PM), and Councillor M.
Zwart
Staff Present: A. Allison, T. Cannella, J. Caruana, F. Langmaid,
A. Greentree, F. Horvath, R. Maciver, M. Marano, T. Pinn,
G. Weir, H. Lynch, B. Radomski, L. Coutu, C. Carr,
L. Pinto, N. Schroor, L. Kent.
1 Call to Order
Mayor Foster chaired this portion of the meeting.
2 Declaration of Interest
Later in the meeting, Councillor Jones declared an interest, regarding slide 92,
regarding Hospital Funding.
3 Finance Department
3.1 Verbal Report from the Director of Finance/Treasurer Regarding the
2019 Budget
Trevor Pinn, Director of Finance/Treasurer introduced today's agenda.
Mr. Pinn provided a verbal report, accompanied by a PowerPoint presentation,
highlighting the 2019 Budget.
3/,External Factors
o Economic
f The Director/Treasurer highlighted the economic effects due to the
closure of the GM Plant in Oshawa. He explained that this may
slow the housing market in parts of Durham and GTA. The
Director/Treasurer noted that overnight interest rates are expected
to increase 0.25% in Q3 of 2019.
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o Provincial
f The Director/Treasurer highlighted funding programs currently
being reviewed, the impacts of the Provincial affordable housing
strategy on DCs or planning rules and GO Transit and other
infrastructure projects in Clarington being reviewed.
3/,Historical Trends
0 1% _ $567,600 for the 2019 budget.
o Growth in 2018 = $385,481,110, providing a new revenue of $1,814,429
0 2018 Municipal Levy = $56,757,965
o The share of the property tax bill remains as follows:
f 50% Region
f 19% goes to School Board
f 31 % remains with Clarington
o Highlighted how each $100 of Clarington Local Levy is spent
BMA Comparative Review
3/4The Director/Treasurer informed Council that a link to the electronic copy has
been forwarded to Council. In reviewing the BMA Study, he covered the
following:
o Socio -Economic Factors Overview
o Financial Indicators
o Comparing Levy and User Fees — Commercial and Industrial in Toronto
pay the vast majority of tax assessment in TO and thus their residential
taxes are so much lower. At the moment in our area, the Development
Charges are lower.
o Property Taxes
o Residential Tax Rate
o Detached Bungalow — 2008 to 2018
0 2 Storey — 2014 to 2018
o Affordability of Taxes
3/,Mr. Pinn noted that staff recently undertook a project which resulted in an
additional $70,000 in tax revenue.
Citizen Engagement
3/42019 Citizen Budget Survey
o The Director/Treasurer reported on the results of a survey that was posted
on the Municipal website regarding "how would you build a budget?" This
survey was not about satisfaction, but rather an attempt to seek input from
residents as to where they feel funding should be allocated. The results,
based on the 131 responses, concluded that, more or less, the
respondents wanted to maintain existing spending levels. Mr. Pinn
received feedback from Members of Council regarding the value in the
survey, and acknowledged that, while the responses are relatively few,
staff remain committed to taking every opportunity to engage the residents
in the budgeting process. Basia Radomski, Manager of Communications,
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Minutes
January 18, 2019
agreed to provide members of Council information related to the analytics
of the survey engagement.
Asset Management
3/4The Director/Treasurer explained that the Asset Management Plan was received
in fall 2017 to meet the requirements of funding agreements and that a Q1 2019
— Inter -departmental working group was established. He mentioned that a draft
Strategic Asset Management Policy is currently going through the review
process.
3/4The Director/Treasurer highlighted the new requirements for Council:
o Must approve Strategic Asset Management Policy
o Must approve asset management plans (which will include financing
strategy eventually)
o Increased public awareness (requirement for AMP to be on the website)
Recess
Resolution #GG -001-19
Moved by Councillor Traill, seconded by Councillor Anderson
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 10:12 AM with Mayor Foster in the Chair.
Reserves and Reserve Funds
3/4The Director/Treasurer explained that Obligatory Reserve Funds are shown as
deferred revenue on the balance sheet. He noted that they are a legislative or
contractual obligation (i.e. Development charges, gas tax, etc.).
3/4Reserves are not separately held fund (it's a parking lot) and does not earn
interest.
3/4Reserve Fund, separately reported fund with income and expenses and earns
interest.
3/4Projected Balances of the Reserve Funds were highlighted.
Long Term Debt Management
3/4The Director of Finance/Treasurer continued with his presentation, highlighting
debt and Clarington's repayment schedule. Debt is a tool to be used strategically
on capital only with a maximum debt servicing costs of 25% of own source
revenues, and the Municipality can only issue debts through the Region of
Durham. He explained that funding of debt servicing costs can be Development
Charge (DC) related. According to debt repayment, the total balance is expected
to be fully repaid in 2033.
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Special General Government Committee
Minutes
January 18, 2019
3/4The Director of Finance/Treasurer highlighted the policy being developed for debt
management, and that the asset management strategy will drive priorities for
projects which will impact timing of potential debts.
3/41n response to questions raised by Council, the CAO briefly explained the
strategic plan process and confirmed that it will result in a more comprehensive
plan identifying priorities and related costs and funding details to assist Council in
setting their priorities and timing thereof. The Treasurer confirmed that the goal
also is to consolidate the various Plans into one comprehensive Financial Plan
which takes into account the DC Study, the Asset Management Plan, the
strategic plan and any master plans.
2019 Departmental Budgets
3/4The Director/Treasurer highlighted the 2019 requests and recommended staffing
changes. The historical funding policy (which has not be followed by Council),
was briefly discussed and the CAO confirmed that he would appreciate the
concept of receiving approval for a funding envelope and allowing the CAO to
ultimately decide the staffing priorities, rather than Council directing the individual
positions to be approved.
%In accordance with the Service Contract with the Clarington Board of Trade, the
CAO confirmed that any funding increase to the CBOT is capped at 3%. The
Contract expires December 31, 2021.
3/4The CAO provided a brief explanation of the manner in which IT related priorities
are deliberated and determined by the IT Steering Committee
3/4With respect to the budget format, the Director/Treasurer confirmed that the
budget policy, which is to be considered by Committee next week, will continue
to provide Council with options.
3/4The Director/Treasurer, along with input from Department Heads, continued his
presentation by highlighting the 2019 preliminary budget, and advised Members
of the external agencies draft requests. Currently the operating budget is
estimated to be less than 3%.
o Emergency Services — In response to questions raised by Members of
Council, the Director of Emergency and Fire Services confirmed that
Clarington's staffing structure is different than other career departments.
At this time, the staffing priority, when fully staffed, is as follows: Station 1
(Bowmanville)-- 5 F/T fire fighters per each 24 hour shift, Station 4
(Courtice) — 5 F/T fire fighters per each 24 hour shift, and Station 2
(Newcastle) -- 4 F/T fire fighters per each 24 hour shift. At this time,
Station 2 is typically staffed with 3 F/T per shift. The Chief also confirmed
there is a volunteer truck at all stations and the policy is such that a truck
may not leave the station with fewer than 3 with a maximum of 5. The
Chief further confirmed that, at times in the rural stations, there is a poor
response time from volunteers during the day. Emergency Services does
currently respond to the Highway 407 calls, but have received very few
calls recently. The Chief will be working with the CAO to determine a
reasonable timeline for the next Master Fire Plan update. The
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Special General Government Committee
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January 18, 2019
Director/Treasurer confirmed that a newly constructed fire station could be
100% funded through DCs.
o Engineering — The Director of Engineering confirmed that the planned
Outdoor Recreation Needs Study will contemplate a full variety of outdoor
recreation activities.
o Operations —Staff are looking at setting up an ongoing reserve/reserve
fund for "cleanup" in the event we experience a similar emergency
situation as we experienced with the flood in 2017. As well, Finance will
be working with the Director of Operations to create a winter maintenance
reserve to assist in funding in years where winter maintenance is in
greater demand. The Director of Operations reported that the parks
survey is about 80% complete and the results will be included in the 2019
budget.
o Community Services — In response to questions raised regarding the
design and construction of a new recreation facility in south Bowmanville,
the Director of Community Services explained the cost estimates are
between $35 and $50 million and therefore is a project that must be
carefully planned and constructed to ensure it is done correctly. Staff
anticipate that the design would be done in 2020/2021, with an estimated
18 month construction period, it is reasonable to expect the facility to be
open in 2024. The Director briefly explained the unique challenges for
Clarington given that there are three urban centres demanding their own
facilities.
Recess
Resolution #GG -002-19
Moved by Councillor Neal, seconded by Councillor Traill
That the meeting be extended for 10 minutes beyond the scheduled break of 12:00
noon; and
That, at the conclusion of the current discussion, Committee recess for 15 minutes.
Carried
Councillor Traill left the meeting.
The meeting reconvened at 12:29 PM with Mayor Foster in the Chair.
2019 Departmental Budgets - continued
3/4The Director/Treasurer continued to highlight the 2019 requested Departmental
budgets.
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2019 External Agency Budgets
3/4The Director/Treasurer highlighted the 2019 budget amounts as requested by
external agencies.
Councillor Jones declared an interest in the Hospital Funding budget (Slide 92) as she
is an employee of Lakeridge Health. Councillor Jones left the meeting and refrained
from discussion and deliberation on this matter.
3/4The Director/Treasurer and CAO responded to questions raised concerning the
$5,000,000 request from Lakeridge Health to assist in funding the Bowmanville
Hospital expansion.
Councillor Jones returned to the meeting.
Modernizing the Financial Framework
3/4The Director/Treasurer described the various policies that he and the Finance
staff are currently reviewing as well as new policies he is developing which will
be presented to Council over the next few months. Staff anticipate various
Provincial policy changes, but at this time there is very little information available
from the Province.
Next Steps
3/4Mr. Pinn briefly mentioned the proposed Budget Policy which is being presented
to Council on Monday, January 21 st. the proposed policy does not drastically
change our historical budget process however, it will be presented with the
perspective of sustainability, predictability and understandability.
3/4The Director/Treasurer highlighted the following next steps in the 2019 budget
process:
o February 5th, draft budget binder distribution
o February 15th, Special General Government Committee Meeting (External
Agencies)
o February 19th, Special General Government Committee (Budget)
o February 25th, Council Meeting with Budget Ratification
3/4The Director of Finance/Treasure concluded his presentation by providing a
summary of the Tax Levy and the impacts on the 2019 Budget. Currently, the
draft budget sits at 4.3% -- all in. All municipalities, except Pickering, are looking
at increases of more than 4%.
Mayor Foster encouraged all members of Council to take the time to meet with the
Department Heads to discuss their budgets.
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4 Adjournment
Resolution #GG -003-19
Moved by Jones, seconded by Hooper
That the meeting adjourn at 12:51 PM.
Mayor
Special General Government Committee
Minutes
Carried
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January 18, 2019
Municipal Clerk
Clarington
General Government Committee
Minutes
January 21, 2019
If this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Minutes of a meeting of the General Government Committee held on Monday,
January 21, 2019 at 9:30 AM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill and
Councillor M. Zwart (arrived to the meeting at 9:36 AM)
Staff Present: A. Allison, T. Cannella, J. Caruana, F. Horvath, M. Marano,
R. Maciver, T. Pinn, G. Weir, J. Gallagher, S. Gray, F. Langmaid
(arrived to the meeting at 11:55 AM and left the meeting at
12:10 PM)
1 Call to Order
Mayor Foster called the meeting to order at 9:30 AM.
2 New Business — Introduction
Councillor Neal asked that a new business item, regarding Inviting Region of Durham
Transportation Staff to a General Government Committee meeting, be added to the
New Business — Consideration section of the agenda.
3 Adopt the Agenda
Resolution #GG -004-19
Moved by Councillor Traill, seconded by Councillor Hooper
That the Agenda be adopted as presented, with the addition of the new business item
regarding Inviting Region of Durham Transportation Staff to a General Government
Committee meeting.
Carried
4 Declaration of Interest
Councillor Neal declared an indirect interest in Report COD -003-19, regarding
Neighbourhood Character Study.
5 Announcements
Members of Committee announced upcoming community events and matters of
community interest.
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General Government Committee
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January 21, 2019
6 Adoption of Minutes of Previous Meeting
Resolution #GG -005-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That the minutes of the meeting of the Joint General Government and Planning and
Development Committees meeting held on January 7, 2019, be approved.
Carried
The Deputy Clerk noted that, since the meeting, Durham Region Staff have advised that
the terms of reference for the Durham Active Transportation Committee Resolution and
there is no longer a requirement for a Council representative. Therefore Resolution
#JC -052-19, appointing Councillor Anderson as Clarington's Council representative, is
not required.
Councillor Zwart arrived at the meeting at 9:36 AM.
7 Delegations
7.1 Chris Newman, Coordinator, Firehouse Youth Centre, Regarding Report
CSD -001-19, Pilot Youth Centre, Courtice (The Loft)
Chris Newman, Coordinator, Firehouse Youth Centre, was present regarding Report
CSD -001-19, Pilot Youth Centre, Courtice (The Loft). He advised the Committee that
Ian Kruis, Principal, St. Mother Theresa Catholic Elementary School, and Tyler
McMaster, a grade eight student from St. Mother Theresa Catholic Elementary School,
were also in attendance. Mr. Newman thanked staff and the Committee for their work
and commitment to the Courtice Youth Centre. He highlighted the strengths of The Loft,
including the community involvement and youth engagement. Mr. Newman stated that
The Loft has had 1382 visits from September 4, 2018 to January 16, 2019 and believes
that the number of visits will continue to grow. He displayed pictures of various
programs available for the Committee. Mr. Newman explained that The Loft has a new
life and it is because of the commitment from all of the youth involved.
Ian Kruis, Principal, St. Mother Theresa Catholic Elementary School, thanked the staff
and Committee for their support. He explained that St. Mother Theresa Catholic
Elementary School believes in deep learning and that The Loft promotes that type of
learning. Mr. Kruis noted that the School has supported The Loft and the students and
he plan to continue to attend schools in the area to promote the programs.
Tyler McMaster, grade eight student from St. Mother Theresa Catholic Elementary
School, explained why it is important for The Loft to remain open. He advised the
Committee that The Loft is a warm place to hang out with friends. Mr. McMaster
explained that it is a place where kids can feel comfortable and with an activity for
everyone. He stated that The Loft is an inviting place for youth and he always feels
welcome. Mr. McMaster explained that The Loft helps develop kid's skills and build
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Minutes
January 21, 2019
friendships. He advised the Committee that there is a sense of belonging and brings
kids inside and out of trouble. Mr. McMaster explained that he surveyed his classmates
and they provided positive feedback about The Loft. He played a video for the
Committee displaying what an average day at The Loft would look like for a youth.
Mr. Newman concluded the presentation and advised the Committee that he was
available to answer questions.
Mayor Foster left the meeting at 9:43 AM and Councillor Neal chaired this portion of the
agenda.
7.2 Wendy Bracken, Regarding Regional Report #2019 -COW -3, 2019 Solid
Waste Management Servicing and Financing Study
Wendy Bracken, was present regarding Regional Report #2019 -COW -3, 2019 Solid
Waste Management Servicing and Financing Study. She made a verbal presentation to
accompany an electronic presentation. Ms. Bracken highlighted the Region of Durham
Staff recommendations contained in Report 2019 -COW -3. She explained that the
Report circumvented key stakeholders including the public, advisory committees, the
Municipality of Clarington and other municipalities.
Mayor Foster returned to the meeting at 9:45 AM and chaired this portion of the agenda.
Ms. Bracken advised the Committee that the Region is setting the course with no
consultation and have predetermined the outcome of the Long Term Waste Strategy.
She stated that she is concerned that there was no prior decision of Council to move
250,000 tonnes and it is inappropriate to insert such an important decision as one of the
many recommendations of a Report, especially to a new Council. Ms. Bracken
explained that important facts were left out of the Region's Report including; the
environmental assessment, history of operations and health considerations. She
advised the Committee that there is a long list of outstanding serious problems and
unresolved issues including dioxin/furan exceedances, numerous outages, equipment
issues, rising costs and carbon monoxide exceedances among others. Ms. Bracken
noted that the host community agreement between the Region and the Municipality of
Clarington needs to be reviewed. She explained that Clarington needs to assess
impacts on community, and have discussions with the Ministry. She reviewed sections
of the Host Community Agreement and the Municipality of Clarington's responsibilities
and commitments. Ms. Bracken explained that there is inadequate stack monitoring
and is concerned that the monitoring is not adequate to detect exceedances. Ms.
Bracken noted that the Regional Report states that they plan to double the size and
acknowledged that exceedances will occur.
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Clarington
Suspend the Rules
Resolution #GG -006-19
General Government Committee
Minutes
Moved by Councillor Neal, seconded by Councillor Traill
January 21, 2019
That the Rules of Procedure be suspended to allow the delegation of Wendy Bracken to
be extended for an additional two minutes.
Carried
Ms. Bracken advised the Committee that she attended the Region's Committee of the
Whole meeting to express her concerns with the recommendations in the Report. She
urged the Committee to attend Regional Council January 30, 2019 and to review the
Host Community Agreement.
7.2 Linda Gasser, Regarding Regional Report #2019 -COW -3,2019 Solid Waste
Management Servicing and Financing Study
Linda Gasser, was present regarding Regional Report #2019 -COW -3, 2019 Solid
Waste Management Servicing and Financing Study. She made a verbal presentation to
accompany an electronic presentation. Ms. Gasser thanked the Committee for passing
a previous resolution from the January 14,, 2019 Council meeting regarding Report
PSD -001-19. She explained that the current incinerator capacity is 140,000 tonnes per
year. Ms. Gasser advised the Committee that the entire Regional Report is of
importance to the Municipality of Clarington and it is recommending a 14.3% increase
which is a 78.5% increase over the Environment Assessment approved capacity. Ms.
Gasser noted Section 6 of the Host Community Agreement and highlighted the Region
of Durham's commitment to a comprehensive Waste Management Strategy and to
implement and support an aggressive residual waste diversion and recycling program to
achieve or exceed a 70% diversion recycling rate for the entire Region. She explained
that Durham's diversion rate has flat lined and there is more tonnage requiring disposal.
Ms. Gasser displayed a pie chart outlining the costs of the waste management servicing
financing study. She displayed table five from the Regions Report #2019 -COW -3 for
the Committee, outlining the Regional Solid Waste Tonnages. Ms. Gasser advised the
Committee that incinerator costs impacts the Municipality of Clarington and that Ontario
taxpayers subsidize incinerators electricity at eight cents per kilowatt hour. She
reviewed the incinerator availability in 2017, and that it was around 85%, which meant
waste is by-passed and disposed elsewhere. Ms. Gasser advised the Committee that
ambient air monitoring needs to be reviewed.
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Clarington
Suspend the Rules
Resolution #GG -007-19
General Government Committee
Minutes
Moved by Councillor Neal, seconded by Councillor Traill
January 21, 2019
That the Rules of Procedure be suspended to allow the delegation of Linda Gasser to
be extended for an additional two minutes.
Carried
Ms. Gasser advised the Committee that the Host Community Agreement did not get
reviewed by Clarington's legal counsel as directed by Council. She asked that the
Committee ensure that the Region of Durham keep all of its commitments to the
Municipality of Clarington. Ms. Gasser requested that Clarington staff and the
Committee:
x participate in the Long Term Waste Management Plan review and ensure that
there are some consultations in the Municipality of Clarington;
x monitor and respond to Durham's incinerator plans at every opportunity; and
x monitor and respond to Durham organics strategy.
Resolution #GG -008-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Delegations of Wendy Bracken and Linda Gasser be referred to staff to report
back to the Planning and Development Committee meeting of January 28, 2019, on a
draft resolution in response to the Region's Report #2019 -COW -3 2019 Solid Waste
Management Servicing and Financing Study, including the proposed administrative
amendment to increase the maximum annual tonnage under the ECA to 160,000
tonnes.
Carried
Recess
Resolution #GG -009-19
Moved by Councillor Neal, seconded by Councillor Hooper
That the Committee recess for 10 minutes.
Carried
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General Government Committee
Minutes
January 21, 2019
The meeting reconvened at 11:15 AM with Mayor Foster in the Chair.
8 Communications - Receive for Information
8.1 Minutes of the Tyrone Community Hall Board dated November 21, 2018
Resolution #GG -010-19
Moved by Councillor Traill, seconded by Councillor Anderson
That the Communication Item 8.1 be received for information.
Carried
8.2 Carla Y. Nell, Vice President, Municipal and Stakeholder Relations, MPAC,
Regarding 2018 Year -End Assessment Report
Resolution #GG -011-19
Moved by Councillor Hooper, seconded by Councillor Jones
That the Communications Item 8.2 be received for information.
Carried
9 Communications — Direction
9.1 Ralph Walton, Regional Clerk/Director of Legislative Services. Region of
Durham, Regarding GO Rail Services Extension to Bowmanville
Resolution #GG -012-19
Moved by Councillor Anderson, seconded by Councillor Neal
That the following resolution of the Region of Durham, regarding GO Rail Services
Extension to Bowmanville, be endorsed by the Municipality of Clarington:
Therefore be it resolved :
1. That the Region of Durham Council requests the Provincial government
and Metrolinx to confirm the commitment to extend GO Rail service north
of Highway 401 through Oshawa to Bowmanville by 2024 and proactively
resolve all pending negotiations with CN and CP rail, understanding that
this project has substantial economic and environmental benefits, will spur
significant public and private investment, will create much needed job
opportunities for the community both for the short and long term, has
widespread community support - including from the residents, business
community, development industry, Durham's post -secondary institutions,
commuters, youth, and the agricultural community - and is embedded in
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Clarington General Government Committee
Minutes
January 21, 2019
the land use, transportation and transit plans of Oshawa, Clarington and
the Region of Durham;
2. That the Region of Durham Council further requests Metrolinx to keep the
Region apprised of the status of the aforementioned negotiations and the
progress of the overall undertaking on a regular basis;
3. That Town of Whitby, City of Oshawa, Municipality of Clarington, County
of Northumberland, Municipality of Port Hope, Town of Cobourg, County of
Peterborough and City of Peterborough be forwarded a copy of this
resolution and based on their support of the GO Rail Service Extension to
Bowmanville that they also request that the Province and Metrolinx stand
by the commitment to complete this project by 2024;
4. That Region of Durham staff be authorized to engage the other
stakeholders such as area municipal Councils, boards of trade, and the
local development and business community by providing them a copy of
this resolution and requesting that they join their municipal partners in
calling upon the Province and Metrolinx to stand by the commitment to
extend GO Rail service through Oshawa to Bowmanville by 2024; and
5. That copies of this resolution be forwarded to the Honourable Doug Ford,
Premier of the Province of Ontario; the Honourable Jeff Yurek, Minister of
Transportation; Durham MPPs; Durham MPs; the Durham area
municipalities; David Piccini, MPP, Northumberland- Peterborough South;
the Chair, and the President and Chief Executive Officer of Metrolinx.
Carried
9.2 Laura Holmes, Secretary, Bowmanville BIA, Regarding Board of
Management for the Historic Downtown Bowmanville BIA 2018-2022 term
Resolution #GG -013-19
Moved by Councillor Neal, seconded by Councillor Hooper
That the Correspondence Item 9.2, from Laura Holmes, Secretary, Bowmanville BIA,
regarding the Board of Management for the Historic Downtown Bowmanville BIA 2018-
2022 term, be received with thanks; and
That the following Board of Directors of the Bowmanville Business Improvement Area
be appointed for a four-year term 2018-2022:
Justin Barry
Laura Holmes
Cathy Holmes
Carrie Hooper
Morgan James
-7-
W
Clarington
Edgar Lucas
Gerri Lucas
Carried
General Government Committee
Minutes
January 21, 2019
9.3 Frances Tufts, Regarding Inadequate Public Transportation in Ward 4
Resolution #GG -014-19
Moved by Councillor Zwart, seconded by Councillor Anderson
Whereas, with inadequate public transit, people in the rural northern area of Clarington
are deprived of the opportunity to pursue social and economic opportunities;
And whereas the current public transit routes and schedule result in a lengthy trip to go
a short distance, often requiring many transfers;
And whereas the routes are not fully integrated with other regions in close proximity to
Clarington;
Now therefore be it resolved that Metrolinx and the GO Transit Commission be
requested to expand GO Transit services to include stops in Orono on the buses
traveling between the GO parking lot at Hwy 2 and 115, and Peterborough, (the 88);
and
That the Region of Durham be requested to expand the Durham Transit services to
include routes and schedules to enable citizens in rural Clarington to travel in a safe,
accessible, and timely manner.
Carried on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Mayor Foster
X
10 Presentations
No Presentations
11 Engineering Services Department
No Reports for this section of the Agenda.
19
Clarington
12 Operations Department
No Reports for this section of the Agenda.
General Government Committee
Minutes
January 21, 2019
13 Emergency and Fire Services Department
No Reports for this section of the Agenda.
Councillor Traill chaired this portion of the meeting.
14 Community Services Department
14.1 CSD -001-19 Pilot Youth Centre, Courtice (The Loft)
Resolution #GG -015-19
Moved by Mayor Foster, seconded by Councillor Anderson
That Report CSD -001-19 be received;
That 2019 funding requirements for the Courtice Youth Centre and the Newcastle Youth
Centre be referred to the John Howard Society of Durham Region 2019 grant
submission and considered by Council during the 2019 budget process; and
That all interested parties listed in Report CSD -001-19 and any delegations be advised
of Council's decision.
Carried
Councillor Jones chaired this portion of the meeting.
15 Municipal Clerk's Department
15.1 CLD -003-19 2018 Accessibility Annual Status Update
Resolution #GG -016-19
Moved by Councillor Hooper, seconded by Mayor Foster
That Report CLD -003-19 be received; and
That Report CLD -003-19 be placed on the municipal website.
Carried
20
Clar-ington
Mayor Foster chaired this portion of the meeting.
16 Corporate Services Department
General Government Committee
Minutes
January 21, 2019
16.1 COD -002-19 Miscellaneous Catch Basin and Maintenance Hole Repairs
Resolution #GG -017-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Report COD -002-19 be received;
That Coco Paving Inc. with an annual bid in the amount of $133,031.87 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2018-33 be awarded the contract for an initial one year term,
as required by the Operations Department;
That pending satisfactory performance the Purchasing Manager be given the authority
to extend the contract for this service for up to three additional one year terms;
That the funds required for this project in the amount of $139,683.46 (Net HST Rebate)
which includes the construction cost of $133,031.87 (Net HST Rebate) and contingency
cost of $6,651.59 (Net HST Rebate) be funded by the Municipality as follows:
Catch Basin/Sewer Mntnc (2018) 100-36-380-10245-7163 $76,135.08
Catch Basin/Sewer Mntnc (Prior Yrs Unexpended)100-36-280-10245-7163 $63,548.38
That all interested parties listed in Report COD -002-19 and any delegations be advised
by the Corporate Services Department of Council's decision regarding the award.
Referred
Suspend the Rules
Resolution #GG -018-19
Moved by Councillor Neal, seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #GG -017-19 a second time.
Carried
-10-
21
Clarington General Government Committee
Minutes
January 21, 2019
Resolution #GG -019-19
Moved by Councillor Neal, seconded by Councillor Zwart
That Report COD -002-19, Miscellaneous Catch Basin and Maintenance Hole Repairs,
be referred to staff to review how Miscellaneous Catch Basin and Maintenance Hole
Repairs work can be handled internally.
Carried
Suspend the Rules
Resolution #GG -020-19
Moved by Councillor Traill, seconded by Councillor Neal
That the Rules of Procedure be suspended for the Committee to change the time of
their one hour scheduled break as per the Procedural By-law to 12:30 PM.
Carried
16.2 COD -003-19 Neighbourhood Character Study
Councillor Neal declared an indirect interest in Report COD -003-19, regarding
Neighbourhood Character Study. Councillor Neal left the room and refrained from
discussion and voting on this matter.
Resolution #GG -021-19
Moved by Councillor Hooper, seconded by Councillor Traill
That Report COD -003-19 be received;
That the proposal received from MacNaughton Hermsen Britton Clarkson Planning
Limited (MHBC) being the most responsive bidder meeting all terms, conditions and
specifications of RFP2018-12 and subject to a satisfactory reference check, be awarded
the contract for the provision of consulting services to complete the Neighbourhood
Character Study;
That the funds required in the amount of $ 58,451.71 (net HST rebate) be drawn from
the following account:
Consulting & Zoning By-law Review # 100-50-130-00000-7160 $58,451.71
That all interested parties listed in Report COD -003-19 and any delegations be advised
of Council's decision by the Department.
Carried
-11-
22
Clarington
Councillor Neal returned to the meeting.
17 Finance Department
17.1 FND-002-19 Budget Policy
Resolution #GG -022-19
General Government Committee
Minutes
January 21, 2019
Moved by Councillor Neal, seconded by Councillor Jones
That Report FND-002-19 be referred to the General Government Committee meeting of
May 6, 2019.
Carried
18 Solicitor's Department
18.1 LGL -001-19 Assumption of Road Widenings
Resolution #GG -023-19
Moved by Councillor Neal, seconded by Councillor Anderson
That Report LGL -001-19 be received; and
That the By-law attached to Report LGL -001-19 be approved.
Carried
19 Chief Administrative Office
No Reports for this section of the Agenda.
Suspend the Rules
Resolution #GG -024-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow the meeting to be extended for an
additional five minutes.
Carried
-12-
23
Clarington General Government Committee
Minutes
January 21, 2019
20 New Business — Consideration
20.1 Region of Durham Transportation Priorities in Clarington
Resolution #GG -025-19
Moved by Councillor Neal, seconded by Councillor Traill
That Region of Durham staff be requested to attend the next General Government
Committee meeting, or as soon as practicable, to address the issue of transportations
priorities for the Municipality of Clarington under Regional jurisdiction; and
That the Region of Durham be requested to defer the approval of the proposed
roundabout for Highway 57 and Regional Road 3 pending the above attendance.
Carried as Amended
Later in the Meeting
(See following motion(s))
Suspend the Rules
Resolution #GG -026-19
Moved by Councillor Traill, seconded by Councillor Neal
That the Rules of Procedure be suspended to allow the meeting to be extended for an
additional ten minutes.
Carried
Suspend the Rules
Resolution #GG -027-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow the meeting to be extended for an
additional two minutes.
Carried
-13-
24
Clarington General Government Committee
Minutes
January 21, 2019
Resolution #GG -028-19
Moved by Councillor Neal, seconded by Councillor Traill
That the foregoing Resolution #GG -025-19 be amended by replacing the last paragraph
with the following:
That the Region of Durham be requested to re -allocate the funds set aside for
the proposed roundabout for Highway 57 and Regional Road 3, to other projects
within the Municipality of Clarington, pending the above attendance.
Carried
Suspend the Rules
Resolution #GG -029-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow the meeting to be extended for an
additional five minutes.
Carried
The foregoing Resolution #GG -025-19 was then put to a vote and carried as amended
on the followina recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Mayor Foster
X
-14-
25
Clariiw-n
21 Unfinished Business
General Government Committee
Minutes
January 21, 2019
21.1 Memo from Faye Langmaid, Acting Director of Planning Services,
Regarding Durham Agricultural Advisory Committee Representative
Appointment
Resolution #GG -030-19
Moved by Councillor Neal, seconded by Councillor Hooper
That Tom Barrie be nominated as the Municipality of Clarington's appointee to the
Durham Agricultural Advisory Committee, for a term ending December 31, 2022 or until
a successor is appointed.
Carried
22 Confidential Reports
There were no items considered under this section of the Agenda.
23 Adjournment
Resolution #GG -031-19
Moved by Councillor Neal, seconded by Councillor Traill
That the meeting adjourn at 12:50 PM.
Mayor
Carried
-15-
26
Deputy Clerk
lbuip fiarourltr Victoria
Nortirurnberland arrd Clafington
Catholic District School Board
VL T LIt L. KOA(_H
cnrl-IOLIC December 18, 2018
F.DUC;ATION
CENTRE
The Honourable Lisa M. Thompson,
Minister of Education
Mowat Block, 22nd Floor
900 Bay Street
Toronto, Ontario M7A 1 L2
The Honourable Caroline Mulroney
Attorney General
McMurtry -Scott Building
720 Bay Street, 11th Floor
Toronto, ON M7A 2S9
Dear Minister Thompson and Minister Mulroney:
VISION
Achieving Excellence in Catholic Education
LEARN • LEAD • SERVE
We are writing on behalf of the Peterborough Victoria Northumberland and Clarington
Catholic District School Board to express our concern over the decision to establish a
minimum distance of 150 metres between the proposed Cannabis Stores and schools
operated by district school boards. In short, it is our firm conviction that this distance
is much too close. It puts these stores in close proximity to young students, and while
there are rules in place to restrict access to the stores to adults over the age of 19,
there are no safeguards to prevent or even discourage the gathering of students near
those stores and the potential recruitment of adults to make purchases on their behalf,
or to discourage the sale of cannabis to young people.
The use of cannabis by young people has been proven to be destructive. The brain
development of a young person is not complete until the early twenties, and cannabis
use has been shown to have adverse effects both on development and on the mental
health of young people.
We strongly encourage that your government reconsider this decision and implement
a safer, minimum distance of 500 metres.
We appreciate your attention to this matter and look forward to a response at your
earliest convenience.
With kind regards,
Michelle Griepsma Michael Nasello
Chairperson Director of Education
...12
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cc.: Nancy Naylor, Deputy Minister
Denise Dwyer, Assistant Deputy Minister
Beverley Eckensweiler, President, Ontario Catholic Trustees Association
Jim Costello, President, Council of Directors of Education
Diane Therrien, Mayor, City of Peterborough
Andy Letham, Mayor, City of Kawartha Lakes
.,-Adrian Foster, Mayor, Municipality of Clarington
Mark Lovshin, Warden, County of Northumberland
Hon. Laurie Scott, MPP, Haliburton-Kawartha Lakes -Brock
David Piccini, MPP, Northumberland -Peterborough South
Dave Smith, MPP, Peterborough-Kawartha
Lindsey Park, MPP, Durham
Pefert+eroeph woriv
Rhilt WI1H r Sch;
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28
Clarftwn
Engineering Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: February 11, 2019
Report Number: EGD -005-19 Resolution:
File Number: MT.93.10.01 By-law Number:
Report Subject: Transfer of New Municipal Infrastructure to Clarington, Energy Drive
from Holt Road to Craao Road
Recommendations:
1. That Report EGD -005-19 be received;
2. That Council endorse the transfer of Energy Drive between Holt Road and Crago Road
from the Ministry of Transportation Ontario; and
3. That all interested parties listed in Report EGD -005-19 and any delegations be advised
of Council's decision.
29
Municipality of Clarington
Report EGD -005-19
Report Overview
Page 2
The Ministry of Transportation Ontario (MTO) acquired the necessary lands from the
Municipality of Clarington and adjacent property owners to relocate Energy Drive (formerly
South Service Road) as part of the 407 and 418 project. Now that the required works are
complete, MTO wishes to transfer the new Energy Drive back to the Municipality of
Clarington.
1. Background
1.1 As part of the 407 and 418 project, the Ministry of Transportation Ontario (MTO)
relocated Energy Drive (formerly South Service Road) between Holt Road and Crago
Road (formerly Solina Road) in order to accommodate the new highway infrastructure.
The limits of the road transfer are shown on Attachment 1. As part of the Holt Road
interchange project, MTO acquired the necessary lands from both the Municipality of
Clarington and adjacent property owners to relocate Energy Drive within the limits
noted. The section of Energy Drive west of Crago Road will be addressed at a later date
upon completion of Phase 2 of the 4071418 project.
1.2 The required works are now complete and MTO is requesting the Municipality's support
in transferring the new Energy Drive back to the Municipality of Clarington, as detailed
in their letter in Attachment 2. The road was constructed to meet or exceed the
Municipality of Clarington standards. Engineering staff have reviewed the road, and in
consultation with our Operations Department, have confirmed it meets our
requirements. For this reason, staff support the request to transfer this road back to the
Municipality of Clarington.
2. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
3. Conclusion
It is respectfully recommended that Council endorse MTO's request to transfer Energy
Drive between Holt Road and Crago Road back to the Municipality of Clarington.
4. Strategic Plan Application
Not applicable.
30
Municipality of Clarington
Resort EGD -005-19
Submitted by.
For: Anthony S. Cannella,
Director of Engineering Services
Page 3
Reviewed y:
Andrew C. Allison, B. Comm, LLB
CAO
Staff Contact: Ron Albright, Assistant Director, 905-623-3379 ext. 2305 or
RAlbright@clarington.net
Attachments:
Attachment 1 - Limits of Energy Drive Transfer from MTO
Attachment 2 - January 17, 2019 Letter from MTO
The following is a list of the interested parties to be notified of Council's decision:
Calvin Curtis, Ministry of Transportation Ontario
Ryan Lian, Ministry of Transportation Ontario
31
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\Energy Drive Transfer.mxd
BASELINE ROAD
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Transfer
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DRAWN BY:
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DATE:
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February 5, 2019
REPORT EGD-005-19
ATTACHMENT No. 1
COURTICE
FILE NAME:
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Energy Drive Transfer.mxd
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\Energy Drive Transfer.mxd
Ministry of Transportation
Major Projects Office
Central Region, 7"' Floor,
159 Sir William Hearst Avenue
Toronto ON M31VI OB7
Tel (416) 235-3749
Fax (416) 235-4267
January 17, 2019
Ministbre des Transports
Bureau des grands projets
R6gion du Centre, 7e 6tage,
159, avenue Sir -William Hearst
Toronto ON M3M OB7
T61: 416 235-3749
T6I6c:416 235-4267
Municipality of Clarington
40 Temperance Street, Bowmanville ON LIC 3A6
Attachment 2 to Report EGD -005-19
Ontario
Attention: Mr. Ron Albright, P. Eng.
Assistant Director, Engineering Services
Re: Transfer of New Municipal Infrastructure adjacent to Highway 407 East Phase 1
Dear Mr. Albright:
The Highway 407 East project required modifications to existing municipal crossing roads to
accommodate construction of new interchanges, grade separations (including structures, side
slopes, drainage, etc.), or cul-de-sacs at road closures. Therefore, a number of existing municipal
roads were assumed from municipalities and portions of private property adjacent the crossing
roads were acquired by MTO to accommodate municipal infrastructure modifications.
Phase 2 South Service Road was realigned between Courtice Road and Holt Road in order to
accommodate the proposed Hwy 401/Hwy 418 interchanges. The portion of the realigned South
Service Road from Solina Road/Crago Road to Hold Road was advanced and included in the
Holt Road project which was completed.
Under the Section 29(4) of Public Transportation and Highway Improvement Act ("PTHIA"), "the
Lieutenant Governor in Council may direct the transfer of any part of the King's Highway or any
part of any other highway that is under the jurisdiction and control of the Ministry to any
municipality in which it is situate". As such, the Ministry will transfer several parcels of land on
which reconstructed road are located to the Municipality of Clarington.
Although municipal agreement is not required, the Ministry has reviewed the transfers with you
and your staff. I appreciate your work and support to determine the extent of these transfers.
Enclosed are legal descriptions of the parcels to be transferred and reference plans referred to in
the descriptions. We are requesting an Order -in -Council ("OIC") to transfer these parcels
sometime during the spring of 2019. Your written acknowledgment and acceptance of these
pending transfers would assist MTO in portraying these transfers as non -contentious.
13
If the OIC is approved, MTO will register it in the Durham Land Registry Office ("LRO") so
that municipal ownership is reflected in the LRO records as soon as possible following the order.
The Ministry will notify the Municipality of Clarington by letter following certification of the
registration.
Sincerel ,
Calvin Curtis, P.Eng.
Manager, Major Projects Office
Central Region
Ministry of Transportation
324
Clarftwn
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: February 11, 2019
Report Number: CLD -004-19 Resolution:
File Number: By-law Number:
Report Subject: Bill 68 Implementation Requirements
Recommendations:
That Report CLD -004-19 be received;
2. That the By-law attached to Report CLD -004-19 as Attachment 1, amending Section 7
of the Council Code of Conduct to include provisions regarding Harassment, be
approved;
3. That the By-law attached to Report CLD -004-19, as Attachment 3, authorizing the
Mayor and Clerk to execute an agreement amending the agreement with Fasken
Martineau regarding the details of the appointment of Guy Giorno as Clarington's
Integrity Commissioner, be approved;
4. That the Council -Staff Relations Policy, Attachment 4 to Report CLD -004-19, be
approved;
5. That the Policy for Pregnancy/Parental Leaves for Members of Council, Attachment 5 to
Report CLD -004-19, be approved;
6. That the By-law attached to Report CLD -004-19, as Attachment 6, amending the
Procedural By-law Section 7.2.1, be approved; and
7. That all interested parties listed in Report CLD -004-19 and any delegations be advised
of Council's decision.
35
Municipality of Clarington
Resort CLD -004-19
Report Overview
Page 2
Bill 68, Modernizing Ontario's Municipal Legislation Act, made several changes to the
Municipal Act, 2001, which come into effect on staggered dates. This Report is a follow-up
to Report CLD -003-2018, and explains the changes effective March 1, 2019 and staff's
proposed changes.
1. Background
1.1 Bill 68, entitled "Modernizing Ontario's Municipal Legislation Act, 2017", received Royal
Assent on May 30, 2017. A phased approach to the proclamation of Bill 68 was used,
which would brought some of the legislative amendments into force on January 1, 2018,
while other amendments will not come into force until March 1, 2019.
1.2 In January, 2018, Report CLD -003-18 summarized the impact of the changes as a
result of Bill 68. Arising out of Report CLD -003-18, Council approved the following
Resolution #GG -026-18:
That Report CLD -003-18 be received;
That the draft By-law (Attachment 1 to Report CLD -003-18), amending Clarington's
Procedural By-law, be enacted as amended to delete Sections 2
and 3; and
That staff be directed to report back on implementation requirements, process and any
associated costs for electronic participation in Council, Committee and Local Board
meetings.
1.3 Accordingly, By-law 2018-002 was passed to amend the procedural by-law with regard
to the definition of "meeting".
1.4 A separate report will come forward to Committee for consideration regarding electronic
participation in Council, Committee and Local Board meetings and has not been
included in this Report.
36
Municipality of Clarington
Resort CLD -004-19
Page 3
1.5 The second proclamation date of March 1, 2019 will bring into force changes to
municipal accountability and transparency. They will include provisions respecting
codes of conduct, integrity commissioner, conflict of interest, mandatory policies and
other provisions. The following matters are addressed in the discussion section of this
Report:
• Mandatory requirements to adopt a Code of Conduct for council, its
committees, and local boards, including new regulations governing the
contents of the Codes of Conduct.
• Mandatory appointment of an Integrity Commissioner to investigate alleged
breaches of the Codes of Conduct and the Municipal Conflict of Interest Act
by Councillors and members of local boards.
x A requirement that all alleged conflicts of interest be supplied in a written
form, and that all written submissions are recorded in a public registry.
x The mandatory adoption of policies to provide for several matters including:
o The manner in which the municipality will preserve its tree canopy and
natural vegetation;
o The relationship between Council and officers/employees of the
municipality; and
o Parental leave for members of Council.
x Changes to the Municipal Conflict of Interest Act respecting whether a
member can participate in deliberation of possible penalty regarding
themselves.
1.6 In January, 2018, there were further amendments to the Act for which the date of
proclamation had not yet been announced. These include provisions related to
regulations to expand the scope of eligible investment tools available to the municipality,
property taxes, tax collection, and tax sales. Since the time of that Report, these
provisions have come into force and effect. Finance Staff will report on these provisions
as is necessary. Further to Council's direction, staff are reviewing the changes to
investment regulations. Staff will be reviewing property tax policies as part of a
continuing improvement process. There is no action required at this time.
37
Municipality of Clarington
Resort CLD -004-19
2. Discussion
Code of Conduct Changes
Page 4
2.1 Regulation 55/18 will come into effect on March 1, 2019 which will result in the following
prescribed subject matters that a municipality is required to include in the codes of
conduct for members of the council of the municipality and of its local boards:
1. Gifts, benefits and hospitality.
2. Respectful conduct, including conduct toward officers and employees of the
municipality or the local board, as the case may be.
3. Confidential information.
4. Use of property of the municipality or of the local board, as the case may be.
2.2 Clarington's current Code of Conduct specifically includes all of the above. However,
Item 2 is currently included in both the Council Code of Conduct and the staff
Harassment Policy E5. Following the Council Orientation Meeting of December 7,
2019, staff discussed this matter with Clarington's Integrity Commissioner who
recommended that reference to Members of Council be removed from the Harassment
Policy and that the harassment provisions be included in the Council Code of Conduct.
Attachment 1 is the proposed by-law to amend the Council Code of Conduct.
Attachment 2 is a redlined version of the Code of Conduct to include the deletion of
section 7.2 to be replaced with sections 7.2 to 7.7.
2.3 Regarding Item 1, gifts, benefits and hospitality, Clarington's current Code of Conduct
meets this requirement through Section 9 and therefore no change is required at this
time. However, on December 13, 2017, Council of the Region of Durham passed the
following resolution regarding the gifts and benefits and were looking to have the area
Clerks work towards harmonizing this section of their respective Council's Code of
Conduct.
"... G) That a revised Code be developed in consultation with area
municipal Clerks with the goal of harmonizing "Gifts and Benefits"
provisions within local Codes and the Regional Code, to the extent
possible."
The area Clerks have met with the Integrity Commissioner to seek a recommended
common provision. Staff will report back with on this matter once more information is
available.
Municipality of Clarington Page 5
Resort CLD -004-19
Integrity Commissioner Changes
2.4 Subsection 223.3(1) has been changed to expand the role of the Integrity
Commissioner in the following respects:
x The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest
Act to members of council and of local boards.
x Requests from members of council and of local boards for advice respecting
their obligations under the code of conduct applicable to the member.
x Requests from members of council and of local boards for advice respecting
their obligations under a procedure, rule or policy of the municipality or of the
local board, as the case may be, governing the ethical behaviour of members.
x Requests from members of council and of local boards for advice respecting
their obligations under the Municipal Conflict of Interest Act.
x The provision of educational information to members of council, members of
local boards, the municipality and the public about the municipality's codes of
conduct for members of council and members of local boards and about the
Municipal Conflict of Interest Act.
2.5 Similarly, the following subsections were added to Section 223.3(2) regarding request
for advice or education, which will be incorporated in the amended agreement:
x (2.1) A request by a member of council or of a local board for advice from the
Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in
writing.
x (2.2) If the Commissioner provides advice to a member of council or of a local
board under paragraph 4, 5 or 6 of subsection (1), the advice shall be in
writing.
x (2.3) If the Commissioner provides educational information to the public under
paragraph 7 of subsection (1), the Commissioner may summarize advice he
or she has provided but shall not disclose confidential information that could
identify a person concerned.
39
Municipality of Clarington Page 6
Report CLD -004-19
2.6 On February 27, 2017, Council enacted By-law 2017-019, being a by-law to appoint the
Integrity Commissioner (IC) for the Municipality of Clarington and to set out the role of
the IC. The Municipality entered into an agreement with Guy Giorno, Fasken
Martineau, to act as Clarington's Integrity Commissioner with regard to complaints
under the Code of Conduct. This agreement was based on the terms and conditions of
the agreement that the Region of Durham entered into with Mr. Giorno for Integrity
Commissioner Services, and was limited to IC services to Council. The Region of
Durham is required to amend their agreement to include the new legislated
responsibilities, including the expanded scope to include services to Local Boards. Staff
have met with Clarington's IC and recommend that his contract for services be
amended to reflect the new legislated responsibilities of the IC and that the Mayor and
Clerk be authorized to execute the amending agreement (See Attachment 3).
Conflict of Interest Public Registry
2.7 To address anticipated requirements from Bill 68, in January, 2018 Council approved
Resolution #GG -048-18 to require Members of Council to use written declaration forms
as well as establishing an online declaration registry. As a result, the Accountability and
Transparency webpage on Municipality's website (https://www.clarington.net/en/town-
hall/transparency-and-accountability.asp) contains a link to Municipal Conflict of Interest
Declaration of Interest Registry which includes the completed forms. No further action
is required.
Mandatory Policy - Tree Canopy and Natural Vegetation
2.8 Section 270 of the Act requires that municipalities establish a policy governing the tree
canopy and natural vegetation. These policies have been addressed through changes
to the Official Plan. Report EGD -018-18 also addresses this legislative requirement.
The Urban Forest Strategy was referred from the September 4, 2018 General
Government Committee to the 2018-2022 Council and is included on the February 11,
2019 General Government Agenda for consideration.
Municipality of Clarington
Resort CLD -004-19
Mandatory Policy — Council -Staff Relations
Page 7
2.9 Subsection 270 (1) 2.1 of the Act requires that municipalities establish a policy
governing the relationship between Members of Council and the officers and employees
of the municipality. Staff have reviewed the existing policies referencing Council -Staff
Relations, including:
x Council Code of Conduct
x Employee Code of Ethics Policy E1
x Harassment Policy E5
x Transparency and Accountability Policy F11
x Procedural By-law
In order to satisfy the new requirement and still keep the existing policies in place, Staff
have drafted a new policy to cover Council -Staff Relations (Attachment 4) which is
essentially a consolidation of the relevant sections of the above mentioned policies.
Staff have reviewed several other municipalities' policies and the proposed draft policy
is in line with those.
Mandatory Policy — Pregnancy and Parental Leaves for Members of Council
2.10 Section 270 of the Act requires that municipalities establish a policy regarding
pregnancy and parental leaves for Members of Council. Although there are policies
surrounding pregnancy and parental leaves for staff, there is nothing in place for
Members of Council. In consultation with staff in Corporate Services and Finance, staff
are recommending the draft policy, Attachment 5 to this Report.
41
Municipality of Clarington Page 8
Resort CLD -004-19
Procedural By-law — Leaving the Room
2.11 The following Section 5(2.1) was added to the Municipal Conflict of Interest Act,
regarding the consideration of penalty for the member:
The following rules apply if the matter under consideration at a meeting or a part
of a meeting is to consider whether to suspend the remuneration paid to the
member under subsection 223.4 (5) or (6) of the Municipal Act, 2001 or under
subsection 160 (5) or (6) of the City of Toronto Act, 2006.
1. Despite clauses (1) (b) and (c), the member may take part in the
discussion of the matter, including making submissions to council or the
local board, as the case may be, and may attempt to influence the
voting on any question in respect of the matter, whether before, during
or after the meeting. However, the member is not permitted to vote on
any question in respect of the matter.
2. Despite subsection (2), in the case of a meeting that is not open to
the public, the member may attend the meeting or part of the meeting
during which the matter is under consideration.
2.12 Currently, Section 7.2.1 of Clarington's Procedural By-law states that "should a Member
declare a pecuniary interest, he shall vacate the room in which the meeting is taking
place." In 2011, the Procedural By-law was changed in an effort to meet the
requirements of the MCIA, regarding declarations. However, there is no legislative
requirement to leave the room. As a result of the new MCIA section, it is recommended
that By-law 2015-029, Clarington's Procedural By-law, be amended. See Attachment 6,
the draft amending by-law.
3. Concurrence
3.1 This report has been reviewed by the Director of Corporate Services, the Municipal
Solicitor and the Director/Treasurer of Finance who concur with the recommendations of
the Report.
42
Municipality of Clarington Page 9
Resort CLD -004-19
4. Conclusion
4.1 It is respectfully recommended that Council enact the following to meet legislative
requirements prior to March 1, 2019:
x Attachment 1 — Draft By-law to amend Section 7 of the Council Code of Conduct
x Attachment 4 — Policy regarding Council -Staff Relations
x Attachment 5 — Policy regarding Pregnancy and Parental Leaves for Members of
Council
4.2 In order to update the Integrity Commissioner agreement and the procedural by-law, it is
recommended that Council enact the following:
x Attachment 3 — Draft By-law to amend the agreement with the Integrity
Commissioner
x Attachment 6 — Draft By-law to amend the Procedural By-law regarding
deliberation and voting for Members who have declared an interest
5. Strategic Plan Application
Not applicable.
Submitted by:
C. Angie Greentree, B.A., CMO,
Municipal Clerk
Reviewed by:
Andrew C
CAO
Allison, B. Comm, LL.B
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jgallagher@clarington.net
Attachments:
Attachment 1 — Draft By-law to amend Section 7 of the Council Code of Conduct
Attachment 2 — Council Code of Conduct — Redlined to show proposed changes
Attachment 3 — Draft By-law to amend the agreement with the Integrity Commissioner
Attachment 4 — Policy regarding Council -Staff Relations
Attachment 5 — Policy regarding Pregnancy and Parental Leaves for Members of Council
Attachment 6 — Draft By-law to amend the Procedural By-law regarding deliberation and voting
for Members who have declared an interest
There are no interested parties to be notified of Council's decision.
43
Attachment 1 to
Report CLD -004-19
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2019-xxx
Being a by-law to amend the By-law 2017-020, which establishes the Code of
Conduct for Members of Council.
Whereas section 223.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the municipality to establish a Code of Conduct for Members of the Council;
and
Whereas the Council of the Municipality of Clarington passed By-law 2017-020, to
establish a Code of Conduct for Members of Council; and
Whereas the Council of the Municipality of Clarington deems it necessary to update the
Code of Conduct for Members of Council:
Now therefore the Council of the Municipality of Clarington hereby enacts as follows:
That subsection 7.2 of the Code of Conduct (Attachment A to By-law 2017-020)
be deleted and replaced with the following subsections 7.2-7.7 with respect to
harassment or discrimination:
7.2 No member shall use indecent, abusive or insulting -words or
expressions toward any other member, any member of staff or any
member of the public.
7.3 No member shall engage in Harassment of anyone. The Human
Rights Code defines Harassment as "engaging in a course of
vexatious comment or conduct that is known or ought reasonably to
be known to be unwelcome."
7.4 No member shall engage in Discrimination against anyone on the
basis of race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender identity, gender
expression, age, marital status, family status or disability (the list of
prohibited grounds of discrimination in the Human Rights Code).
7.5 Sections 7.3 and 7.4 shall be interpreted in a manner consistent
with the Human Rights Code.
Page 1 of 4
Attachment 1 to
Report CLD -004-19
7.6 The following examples of Harassment are illustrative only and not
exhaustive:
(a) Examples Harassment in the workplace include:
• Physically abusive or aggressive behaviour such as
pushing, hitting, finger pointing or standing close to the
victim in an aggressive manner
• Using intimidating or disrespectful body language
• Verbally abusive behaviour such as yelling, insults,
intimidating comments and name calling
• Spreading malicious rumours
• Excluding or ignoring the victim
• Making little or no eye contact with the victim and
refusing to engage in common pleasantries
• Sabotaging the victim's work or claiming credit for it
• Repeatedly blaming another for mistakes
• Making false allegations in memos or other documents
• Undermining the victim's efforts by setting impossible
goals and deadlines and impeding an employee's efforts
at promotions or transfers
• Persistent excessive and unjustified criticism and
constant scrutiny by a supervisor
• Engaging in a course of vexatious comment or conduct
against a worker in a workplace because of sex, sexual
orientation, gender identity or gender expression, where
the course of comment or conduct is known or ought
reasonably to be known to be unwelcome
• Making a sexual solicitation or advance where the person
making the solicitation or advance is in a position to
confer, grant or deny a benefit or advancement to the
worker and the person knows or ought reasonably to
know that the solicitation or advance is unwelcome
Page 2 of 4
45
Attachment 1 to
Report CLD -004-19
• Reprisal or threat of reprisal by a person in a position to
grant or deny a benefit to a person who has rejected his
or her sexual proposition
• Unnecessary or unwanted physical contact, ranging from
touching, patting or pinching to physical assault
• Leering or other suggestive gestures
• Displaying, sending or communicating electronically or by
any other means pornographic pictures or other
offensive, sexually explicit material
• Practical jokes of a sexual nature, which cause
awkwardness or embarrassment
• Compromising invitations
• Unwelcome remarks, jokes or insults about a person's
physical appearance, attire, race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, gender identity, gender expression,
age, marital status, family status or disability
• The displaying of racist, derogatory or otherwise
offensive material
• Insulting gestures or practical jokes, or other action that
causes embarrassment, based on grounds of race,
ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, gender identity, gender
expression, age, marital status, family status or disability
• A refusal to converse or work with an individual because
of his or her race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family
status or disability
(b) The following examples, relative to employees who report
directly to Council, do not constitute Harassment, providing
they are undertaken without malice or intent to intimidate or
undermine:
• Performance reviews
• Work assignments
Page 3 of 4
. e
Attachment 1 to
Report CLD -004-19
• Work evaluation
• Disciplinary measures taken by the employer for valid
reasons
• Reasonable action taken by an employer or supervisor
relating to the management and direction of workers or
the workplace is not workplace harassment
7.7 In the course of investigating a complaint that alleges Harassment
or Discrimination, the Integrity Commissioner may make interim
reports to Council, including interim reports that recommend
measures to protect the complainant or to maintain the integrity of
the investigation.
2. That this by-law shall take effect on the date of passing.
Passed in Open Council this XX day of February, 2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Page 4 of 4
47
Schedule A to
By-law 2017-020
Municipality of Clarington
Council Code of Conduct
Council Code of Conduct
Municipality of Clarington
Code of Conduct for Members of Council
1. PRINCIPLES
Page 1 of 14
1.1 Improving the quality of Municipal administration and governance can best be
achieved by encouraging high standards of conduct on the part of all municipal
officials. In particular, the public is entitled to expect the highest standards of
conduct from the members that it elects to local government. In turn, adherence to
these standards will protect and maintain the Municipality's and the Council members'
reputation and integrity.
1.2 Key statements of principles that underline this Council Code of Conduct areas
follows, members of Council shall,
(a) serve, and be seen to serve, their constituents in a conscientious and
diligent manner;
(b) be committed to performing their functions with integrity, avoiding the
improper use of the influence of their office, and conflicts of interest, under
the Municipal Conflict of Interest Act;
(c) perform their duties in office in a manner that promotes public confidence
and will bear close public scrutiny;
(d) recognize, and act upon, the principle that democracy is best achieved
when the operation of government is made as transparent and
accountable to members of the public as possible; and
(e) seek to serve the public interest by upholding both the letter and spirit of
the laws of Parliament and the Ontario Legislature, as well as the by-laws
and policies adopted by Clarington Council.
2. DEFINITIONS
2.1 In this Council Code of Conduct:
(a) "child" means a child born within or outside marriage and includes an
adopted child or a person whom a member has demonstrated a settled
intention to treat as a child of his or herfamily;
(b) "Council Code of Conduct" means the rules which govern the conduct of
members established pursuant to the authority of section 223.2 of the
Municipal Act, 2001, S.O. 2001, c. 25;
(c) "complaint" means a written request to investigate the conduct of any
member for a possible violation of the Council Code of Conduct filed in
accordance with the Complaint Procedure;
Council Code of Conduct
Page 2 of 14
(d) "confidential information" means any information in the possession of, or
received in confidence by, the Municipality that the Municipality is
prohibited from disclosing, or has decided to refuse to disclose, under the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c. M.56, or any other law, which includes, but is not limited to:
(i) information of a corporate, commercial, scientific or technical nature
received in confidence from third parties,
(ii) personal information as defined in subsection 2(1) of the Municipal
Freedom of Information and Protection of Privacy Act,
(iii) information that is subject to solicitor -client privilege,
(iv) information that concerns any confidential matters pertaining to
matters related to an identifiable individual, personal, labour
relations, litigation, property acquisition, the security of the property
of the municipality or a local board,
(v) any other information lawfully determined by the Council to be
confidential, or required to remain or be kept confidential by
legislation or order, and
(vi) any information considered by, or made available to Council, during
a closed meeting pursuant to subsection 239(2) of the Municipal
Act, 2001.
(e) "Council" means the Council of the Municipality;
(f) "gift and benefits" means any cash or monetary equivalent, fee, object of
value, service, travel and accommodation, or entertainment;
(g) "information" means any record, document, data, material, correspondence
or evidence however recorded, whether oral or in printed form, on film, by
electronic means or otherwise;
(h) "Integrity Commissioner" means the Integrity Commissioner appointed by
the Council pursuant to section 223.3 of the Municipal Act, 2001;
(i) "member" means a member of Council, unless the context otherwise
requires;
Q) "Municipality" means the Corporation of The Municipality of Clarington
(k) "parent" means a person who has demonstrated a settled intention to treat
a child as a part of his or her family whether or not that person is the
natural parent of the child;
(1) "person" includes a corporation, partnership, association and any other
entity, as the context allows, and expressly includes a member as well as
50
Council Code of Conduct Page 3 of 14
Council;
(m) "spouse" means a person to whom a person is married or with whom the
person is living in a conjugal relationship outside marriage; and
(n) "staff' means the municipal administrative staff of the Municipality and of
its municipal corporations and local boards.
3. APPLICATION OF THIS CODE
3.1 This Council Code of Conduct applies to every member of Council D Q G O R F
4. COMPLIANCE WITH DECLARATION OF OFFICE
4.1 Every member shall act in accordance with his or her declaration of office sworn
pursuant to Section 262 of the Municipal Act, 2001.
5. ADHERENCE TO COUNCIL POLICIES AND PROCEDURES
5.1 Every member shall observe and comply strictly with every provision of this
Council Code of Conduct, as well as all other policies and procedures adopted or
established by Council affecting the member, whether or not acting in his or her
capacity as a member of Council.
6. CONDUCT AT MEETINGS
6.1 Every member shall conduct himself or herself properly and in a civil manner at
Council, committee and other meetings, and in accordance with the provisions of the
Municipality's Procedural By-law, this Council Code of Conduct, and any other
applicable law.
7. CONDUCT RESPECTING OTHERS
7.1 Every member has the duty and responsibility to treat all members of the public,
other members of Council, and all staff appropriately and without abuse, bullying or
intimidation, and to ensure that the work environment isfree from discrimination and
harassment.
7.2 No member shall use indecent, abusive or insulting -words or expressions toward
any other member, any member of staff or any member of the public.
51
Council Code of Conduct
Page 4 of 14
7.3 No member shall engage in Harassment of anyone. The Human Rights Code
defines Harassment as "engaging in a course of vexatious comment or conduct
that is known or ought reasonably to be known to be unwelcome."
7.4 No member shall engage in Discrimination against anyone on the basis of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, gender identity, gender expression, age, marital status, family status
or disability (the list of prohibited grounds of discrimination in the Human Rights
Code).
7.5 Sections 7.3 and 7.4 shall be interpreted in a manner consistent with the Human
Rights Code.
7.6 The following examples of Harassment are illustrative only and not exhaustive:
(a) Examples Harassment in the workplace include:
• Physically abusive or aggressive behaviour such as pushing, hitting,
finger pointing or standing close to the victim in an aggressive manner
• Using intimidating or disrespectful body language
• Verbally abusive behaviour such as yelling, insults, intimidating
comments and name calling
• Spreading malicious rumours
• Excluding or ignoring the victim
• Making little or no eye contact with the victim and refusing to engage in
common pleasantries
• Sabotaging the victim's work or claiming credit for it
• Repeatedly blaming another for mistakes
• Making false allegations in memos or other documents
• Undermining the victim's efforts by setting impossible goals and
deadlines and impeding an employees efforts at promotions or
transfers
• Persistent excessive and unjustified criticism and constant scrutiny by
a supervisor
52
Council Code of Conduct
Page 5 of 14
• Engaging in a course of vexatious comment or conduct against a
worker in a workplace because of sex, sexual orientation, gender
identity or gender expression, where the course of comment or
conduct is known or ought reasonably to be known to be unwelcome
• Making a sexual solicitation or advance where the person making the
solicitation or advance is in a position to confer, grant or deny a benefit
or advancement to the worker and the person knows or ought
reasonably to know that the solicitation or advance is unwelcome
• Reprisal or threat of reprisal by a person in a position to grant or deny
a benefit to a person who has rejected his or her sexual proposition
• Unnecessary or unwanted physical contact, ranging from touching,
patting or pinching to physical assault
• Leering or other suggestive gestures
• Displaying, sending or communicating electronically or by any other
means pornographic pictures or other offensive, sexually explicit
material
• Practical jokes of a sexual nature, which cause awkwardness or
embarrassment
• Compromising invitations
• Unwelcome remarks, jokes or insults about a person's physical
appearance, attire, race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender identity, gender
expression, age, marital status, family status or disability
• The displaying of racist, derogatory or otherwise offensive material
• Insulting gestures or practical jokes, or other action that causes
embarrassment, based on grounds of race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family status or
disability
• A refusal to converse or work with an individual because of his or her
race, ancestry, place of origin, colour, ethnic origin, citizenship, creed,
sex, sexual orientation, gender identity, gender expression, age,
marital status, family status or disability
(b) The following examples, relative to employees who report directly to
Council, do not constitute Harassment, providing they are undertaken
without malice or intent to intimidate or undermine:
• Performance reviews
53
Council Code of Conduct Page 6 of 14
• Work assignments
• Work evaluation
• Disciplinary measures taken by the employer for valid reasons
• Normal workplace conflict that may occur between individuals, or
differences in opinion between co-workers
• Requesting documentation in support of an absence from work
• Reasonable action taken by an employer or supervisor relating to the
management and direction of workers or the workplace is not
workplace harassment
7.7 In the course of investigating a complaint that alleges Harassment or
Discrimination, the Integrity Commissioner may make interim reports to Council,
including interim reports that recommend measures to protect the complainant or
to maintain the integrity of the investigation.
8. CONDUCT RESPECTING STAFF
8.1 Every member acknowledges that staff operate under the direction of the senior
municipal administration, and in accordance with the decisions of Council, and
are required to serve the Municipality as a whole and not the needs or desires of
any individual member.
8.2 Every member shall:
(a) be respectful of the role of staff to provide advice based on political
neutrality and objectivity and without undue influence from any member or
faction of the Council; and
(b) show respect for staff, and for their professional capacities and
responsibilities.
54
Council Code of Conduct
8.3 No member shall,
Page 7 of 14
(a) maliciously or falsely injure or impugn the professional or ethical
reputation of any member of staff;
(b) compel any member of staff to engage in partisan political activities, or
subject any member of staff to threat or discrimination for refusing to
engage in any such activity; or
(c) use or attempt to further his or her authority or influence by intimidating,
threatening, coercing, commanding or influencing improperly any staff
member or interfering with that staff person's duties, including the duty
to disclose improper activity.
9. GIFTS, BENEFITS, SERVICES AND HOSPITALITY
For the purposes of this Code, a gift or benefit provided, with the member's
knowledge, to a member's spouse, child or parent, or to his or her staff, that is
connected directly or indirectly to the performance of the member's duties, is
deemed to be a gift or benefit to that member.
No member shall accept a fee, advance, gift or personal benefit that is connected
directly or indirectly with the performance of his or her duties of office, unless
permitted under one or more of the exceptions listed below.
Each of the following is recognized as an exception:
(a) compensation authorized by law;
(b) a gift or benefit of the kind that normally accompanies the responsibilities
of office and is received as an incident of protocol or social obligation;
(c) a political contribution otherwise authorized reported, as required by law,
in the case of a member running for office;
(d) services provided without compensation by a person volunteering his or
her time;
(e) a suitable memento of a function honouring the member;
(f) food, lodging, transportation or entertainment lawfully provided by any
Provincial, regional or local government or board or political subdivisions
of any of them, by the Federal government, a foreign government, or by
those organizing a conference, seminar or event where the member is
speaking or attending in an official capacity;
55
Council Code of Conduct Page 8 of 14
(g) food and beverages consumed at a banquet, reception or similar event, if:
(i) attendance by the member is for a legitimate municipal
purpose;
(ii) the person extending the invitation, or a representative of the
organization holding the event, is in attendance; and
(iii) the value is reasonable;
(h) communications to the office of a member, including subscriptions to
newspapers and periodicals; and
(i) a sponsorship or donation for a community event organized or run by a
member, or a third party on behalf of a member, subject to the limitations
set out in any applicable municipal policy.
Except for exception (c) (political contributions allowable by law), these
exceptions do not apply where a gift or benefit is provided by a lobbyist or a
lobbyist's client or employer. In this provision, a lobbyist is an individual,
organization or business who or that:
(i) lobbies, or causes the lobbying of, any public office holder of
the municipality, the municipal council or corporation, or a
local board;
(ii) the member knows is attempting or intending to lobby the
member or any of the public persons or bodies listed in
paragraph (a); or
(iii) is maintaining an active lobbyist registration with the
municipality, whether or not with respect to any specific or
current subject matter.
In the case of any of the recognized exceptions (b), (e), (f), (h) and (i), if the value
of the gift or benefit exceeds $300.00, or if the total value of gifts or benefits
received from any one source during the course of a calendar year exceeds
$300.00, the member shall file, within 30 days of receipt of the gift or benefit, or
of reaching the annual limit, a disclosure statement with the Municipal Clerk.
The disclosure statement must set out:
1. the nature of every gift or benefit received;
2. its source and date of receipt;
3. the circumstances under which it was given and received;
4. its estimated value;
5. what the recipient intends to do with any gift; and
6. whether any gift will at some point be provided to the municipality.
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Council Code of Conduct
Page 9 of 14
Every disclosure statement filed under this Code shall be made a public record.
Upon receiving a disclosure statement, the Municipal Clerk shall forward the
statement to the Integrity Commissioner who shall examine it to ascertain
whether the receipt of the gift or benefit might, in his or her opinion, constitute a
contravention of this Code or create a conflict between a private interest and the
public duty or responsibilities of the member. In the event that the Integrity
Commissioner makes such a determination, he or she shall call upon the
member to justify receipt of the gift or benefit.
Should the Integrity Commissioner determine that receipt of any gift or benefit
was inappropriate, he or she may direct the member to return the gift, reimburse
the donor for the value of any gift or benefit already consumed, forfeit the gift or
remit the value of any gift or benefit already consumed, to the Municipality.
Except in the case of exceptions (a), (c), (f) and (i), no member shall accept a gift
or benefit worth in excess of $500.00, or gifts or benefits from one source during
a calendar year which together are worth in excess of $500.00.
10. CONFIDENTIAL INFORMATION
10.1 No member shall,
(a) disclose, release or publish by any means to any person or to the public
any confidential information acquired by virtue of his or her office, in any
form, except when required or authorized by Council or otherwise by law to
do so;
(b) use confidential information for personal or private gain or benefit, or for the
personal or private gain or benefit of any other person or body;
(c) disclose a matter, the substance of the matter, and information pertaining
to a matter, that has been debated or discussed at a meeting closed to the
public, and shall be maintained as confidential, unless authorized by the
Council or legislation to be released, generally or subject to conditions, and
such are complied with;
(d) disclose the content of any matter referred to in the preceding paragraph or
the subject -matter of deliberations at a meeting closed to the public
meeting, unless such matter has been lawfully and knowingly discussd by
Council at a meeting that is open to the public or where Council authorizes
the release the information to the public;
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Council Code of Conduct Page 10 of 14
(e) without lawful authority, disclose, or make personal use of, any of the
following types of confidential information:
(i) information concerning litigation, negotiation or personnel
matters,
(ii) information the publication of which may infringe on the rights
of any person (e.g. source of a complaint where the identity of
a complainant is given in confidence),
price schedules in any contract, tender or proposal document
while such remains a confidential document,
(iv) information deemed to be"personal information"underthe
Municipal Freedom of Information and Protection of Privacy
Act, or
(v) any other information or statistical data required by law not to
be released; and
(f) obtain access, or attempt to gain access, to confidential information in the
custody of the Municipality except to the extent that such access is
necessary for the performance of his or her duties and such access is not
prohibited by Council or otherwise by law.
11. USE OF MUNICIPAL PROPERTY, SERVICES AND OTHER RESOURCES
11.1 Subject to 11.2 below, no member shall,
(a) use, or permit the use of, Municipal land, facilities, equipment, supplies,
services, staff or other resource, including any municipally -owned
information, website, transportation delivery service orfunds allocated for
the member expenses of his or her office, for any purpose or activity other
than the lawful business of the Municipality; or
(b) seek or acquire any personal financial gain from the use or sale of
confidential information, or of any municipally -owned intellectual property
including any invention, creative writing or drawing, computer program,
technical innovation, or any other information or item capable of being
patented or copy righted, of which property remains exclusively that of the
Municipality.
PP
Council Code of Conduct
Page 11 of 14
11.2 Incidental and occasional personal, non-commercial use of email/internet and a
personal communication device (i.e. Blackberry) is permitted.
12. CONDUCT OF ELECTION CAMPAIGN
12.1 Every member shall comply with all applicable requirements of the Municipal
Elections Act, 1996, S.O. 1996, c. 32, Sched.
12.2 No member shall,
(a) use confidential information, facilities, equipment, supplies, services or
other resources of the Municipality, including any member newsletter or
website linked through the Municipality's website, for any election
campaign or campaign -related activity;
(b) undertake campaign -related activities on municipal property except as
otherwise provided for in Policy F5 — Political Activities; or
(c) use the services of any person for election -related purposes during hours
in which that person receives any compensation from the Municipality.
13. NO IMPROPER USE OF INFLUENCE
13.1 No member shall,
(a) use the influence of his or her office for any purpose other than for the
lawful exercise of his or her official duties and for municipal purposes;
(b) use his or her office or position to influence or attempt to influence the
decision of any other person, for the member's private advantage or that of
the member's parent, child, spouse, staff, friend, or associates, business
or otherwise;
(c) attempt to secure preferential treatment beyond activities in which
members normally engage on behalf of their constituents as part of their
official duties; or
(d) hold out the prospect or promise of future advantage through the
member's supposed influence within Council, in return for any action or
inaction.
13.2 Forthe purposes of this provision, "private advantage" does not include a matter
that,
(a) is of general application;
(b) affects a member, his or her parents/children or spouse, staff, friends or
associates, business or otherwise, as one of a broad class of persons; or
(c) concerns the remuneration or benefits of a member.
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Council Code of Conduct
Page 12 of 14
13.3 Section 13.1 does not prevent a member from requesting that Council grant a lawful
exemption from a Municipal policy not including this Council Code of Conduct.
14. NO REPRISAL OR OBSTRUCTION IN THE APPLICATION OR
ENFORCEMENT OF THIS CODE
14.1 Every member must respect the integrity of the Council Code of Conduct and
inquiries and investigations conducted under it, and shall cooperate in every way
possible in securing compliance with its application and enforcement.
14.2 No member shall obstruct the Integrity Commissioner, his or her designate, or any
other Municipal official involved in applying or furthering the objectives or
requirements of the Council Code of Conduct, in the carrying out of such
responsibilities, or pursuing any such objective.
14.3 No member shall undertake any act of reprisal or threaten reprisal against a
complainant or any other person for providing relevant information to the Integrity
Commissioner or any other person under the Council Code of Conduct.
15. STATUTES REGULATING THE CONDUCT OF COUNCILLORS
15.1 Members acknowledge that in addition to this Council Code of Conduct, the
following legislation and Clarington Policies also govern the conduct of
members:
(a) Municipal Act, 2001;
(b) Municipal Conflict of InterestAct, R. S. O. 1990, c. M. 50;
(c) Municipal Elections Act, 1996;
(d) Municipal Freedom of Information and Protection of Privacy Act,
(e) Occupational Health and Safety Act, R. S. O. 1990, c. 0.1;
(f) Human Rights Code, R. S. O. 1990, c. H. 19; and
(g) Criminal Code, R.S.C. 1985, c. C-46.
(h) Clarington Policy F-110 Use of Corporate Resources for Election
Purposes
(i) Clarington Policy F5 Political Activities
15.2A member may become disqualified and lose his or her seat by operation of law,
including being convicted of an offence under the Criminal Code or the Municipal
Elections Act, 1996, or being found to have failed to comply with the Municipal
Conflict of InterestAct, whether or not the conduct in question involves a
contravention of this Council Code of Conduct.
Council Code of Conduct
Page 13 of 14
15.3 In the case of any inconsistency between this Council Code of Conduct and a
federal or provincial statute or regulation, the statute or regulation shall prevail.
15.4 All references to any statute, regulation, by-law or legislation shall be deemed to
be a reference to the statute, regulation, by-law or legislation as amended,
consolidated, replaced or superseded.
16. INTEGRITY COMMISSIONER
16.1 The Integrity Commissioner shall be responsible for performing in an independent
mannerthe following functions as assigned by the Municipality with respect to:
(a) the application of the Council Code of Conduct; and
(b) the application of any procedures, rules and policies of the Municipality
governing the ethical behaviour of members;
and, without limiting the generality of the foregoing, shall be entitled to
undertake investigations or not undertake investigations in accordance with
provisions of Part V.1 of the MunicipalAct, 2001.
16.2 In addition, to the responsibilities set out in Section 16.1, the Integrity Commissioner
shall also provide:
(a) information to Council as to members' obligations under the Council Code
of Conduct and the Complaint Procedure;
(b) advice to individual members regarding specific situations as they relate to
the application of the Council Code of Conduct;
(c) advice to Council on other policies and procedures that relate to the ethical
behavior of members;
(d) information to the public regarding the Council Code of Conduct and the
obligations of members under the Council Code of Conduct; and
(e) an annual report to Council on the activities of the Integrity Commissioner.
16.3 Without limiting the generality of Section 16. 1, the Integrity Commissioner may
determine, on a case-by-case basis, whether to undertake an investigation or not to
undertake an investigation. The Integrity Commissioner shall be entitled to
summarily dismiss a complaint filed in accordance with the Complaint Procedure on
the basis that it constitutes in his or her opinion, an abuse of process or is frivolous
orvexatious.
16.4 Without limiting the generality of Section 16, all determinations of the Integrity
Commissioner under the Council Code of Conduct shall be made in his or her own
absolute discretion and shall be final and binding.
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Council Code of Conduct
Page 14 of 14
16.5 A request by a member of Council, or of a local board for advice from the Integrity
Commissioner shall be made in writing.
16.6 Where the Integrity Commissioner provides advice to a member of Council or local
board, the advice shall be in writing.
16.7 Where the Integrity Commissioner provides educational information to of the public
about the Municipality's Council Code of Conduct, the Integrity Commissioner may
summarize advice he or she has provided, but shall not disclose confidential
information that could identify a person concerned.
17. COMPLAINTS
17.1 All complaints pursuant to the Council Code of Conduct shall be filed in accordance
with the Complaints Procedure inAppendix "A" attached hereto.
18. PENALTIES
18.1 Council may, where it has received a report from its Integrity Commissioner that
there has been a violation of the Council Code of Conduct, impose one of the
following penalties on a member who has been found to be in contravention of the
Council Code of Conduct:
(a) a reprimand; or
(b) suspension of the remuneration paid to the member in respect of his or her
services as a member for a period of up to 90 days.
19. ANNUAL REPORTS
19.1 The Integrity Commissioner shall submit an annual report to Council which will
include information on the nature and volume of activity for the past year and provide
examples, while maintaining the anonymity of the persons involved, in respect of
advice provided and the nature of complaints received and for which a response was
issued.
19.2 The annual report of the Integrity Commissioner shall be provided to Council for
information purposes. The report is a public document.
62
Attachment 3 to
Report CLD -004-19
The Corporation of the Municipality of Clarington
By-law 2019 -XXX
Being a by-law to appoint an Integrity Commissioner
for the Municipality of Clarington.
Whereas Section 8 of the Municipal Act, 2001, S.O. c. 25 provides, in part, that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising authority;
And Whereas Sections 223.4 to 223.8 of the Municipal Act, 2001 provide that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas Section 223.3 of the Municipal Act, 2001 has been amended to
expand the authority, powers and duties of the Integrity commissioner;
Now therefore the Council of the Corporation of the Municipality of Clarington
hereby authorizes the following:
1) That the Mayor and Clerk be authorized to execute, on behalf of the
Municipality of Clarington, an amending agreement with Fasken Martineau
regarding the appointment of Guy W. Giorno as Clarington's Integrity
Commissioner and the provision of the required services for Clarington's
Integrity Commissioner, as Attachment 1 to this by-law, forming part of this
by-law.
Passed this 27th day of February, 2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
63
AMENDING AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES
BETWEEN:
THE MUNICIPALITY OF CLARINGTON
(The "Municipality")
- and -
FASKIN MARTINEAU DUMOULIN LLP
(The "Consultant/Company")
OF THE FIRST PART
OF THE SECOND PART
WHEREAS the Municipality and the Consultant entered into a consulting agreement, dated
April 13, 2017 for the Consultant to provide the Municipality services for an integrity
commissioner (Consulting Agreement).
AND WHEREAS the Municipality and the Consultant have agreed to enter into this
amending agreement for consulting professional services to accommodate for changes to
integrity commissioner services by virtue of the passage of Bill 68, the Modernizing
Ontario's Municipal Legislation Act, 2017 (Amending Agreement).
AND WHEREAS upon the parties signing this Amending Agreement for consulting
professional services, this Amending Agreement and it's terms shall take effect on March
1, 2019.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the rents,
covenants and mutual promises contained herein, and the payment of two dollars ($2.00)
by each party to each party, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. Appendix D of the Consulting Agreement under 1.2.2 Scope of Work of the Integrity
Commissioner is hereby amended by deleting the following:
Section 223.3 of the Municipal Act, 2001 outlines the legislated role of an Integrity
Commissioner. It identifies that the role of an Integrity Commissioner is to perform
in an independent manner those functions assigned by a municipality with respect
to:
"(a) the application of the code of conduct for members of council and the code of
conduct for members of local boards or of either of them;
(b) the application of any procedures, rules and policies of the municipality and local
boards governing the ethical behavior of members of council and of local boards or
of either of them; or
(c) both of clauses (a) and (b)."
And replacing it with:
The Integrity Commissioner shall have the following responsibilities outlined under
section 223.3 of the Municipal Act:
(1) 1. The application of the code of conduct for members of council and the code of
conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local
boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act
to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their
obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their
obligations under a procedure, rule or policy of the municipality or of the local
board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their
obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local
boards, the municipality and the public about the municipality's codes of conduct
for members of council and members of local boards and about the Municipal
Conflict of Interest Act.
Request for advice shall be in writing
(2.1) A request by a member of council or of a local board for advice from the
Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in writing.
Advice shall be in writing
(2.2) If the Commissioner provides advice to a member of council or of a local board
under paragraph 4, 5 or 6 of subsection (1), the advice shall be in writing.
Content of educational information
(2.3) If the Commissioner provides educational information to the public under
paragraph 7 of subsection (1), the Commissioner may summarize advice he or she
has provided but shall not disclose confidential information that could identify a
person concerned.
2. The Consulting Agreement is hereby further amended to include the following clause:
The Municipality of Clarington shall indemnify and save harmless the Integrity
Commissioner or any person acting under the instructions of the Integrity
Commissioner for costs reasonably incurred by either of them in connection with
the defence of a proceeding if the proceeding relates to an act done in good faith in
the performance or intended performance of a duty or authority under Part VA of the
Municipal Actor a by-law passed under it or an alleged neglect or default in the
performance in good faith of the duty or authority.
3. The Consulting Agreement is hereby further amended in Article 4 to include the
following clause:
The parties confirm that a disclosure by Giorno in accordance with Part V.1 of the
Municipal Act does not contravene Article 4. More generally, Article 4 shall not limit
the exercise of the Integrity Commissioner's authority under Part V.1 of the
Municipal Act.
4. The Consulting Agreement is hereby further amended to include the following:
a) The parties confirm that the services covered by this Agreement, except as
where lawfully delegated under subsection 223.3(3) of the Municipal Act, will
be provided by Consultant / Company through Giorno in his capacity as a
lawyer and other professionals within the firm working under his supervision.
b) Consultant / Company and Giorno will, inside the law firm, create a
"confidentiality wall" so that only those professionals within Consultant /
Company working on the Municipality's Integrity Commissioner files have
access to such information related to the Municipality.
c) The Municipality understands, agrees and confirms that Giorno is not the
Municipality's lawyer and Consultant / Company is not the Municipality's law
firm.
d) The Municipality confirms, agrees and consents that the appointment of
Giorno and this Agreement with the Consultant / Company do not prohibit
Giorno from acting as Integrity Commissioner for other municipalities both
inside and outside the Municipality of Clarington.
e) The Municipality understands that an Integrity Commissioner must exercise
functions independently of the Municipality and of Council. Giorno is
appointed and the Consultant / Company is engaged only to provide Integrity
Commissioner services under the Municipal Act, the Municipal Conflict of
Interest Act and the Code of Conduct. The Municipality understands and
accepts the Giorno and the Consultant / Company do not represent the
Municipality or the Council, and Giorno and the Consultant / Company do not
65
represent and do not advance the interests of the Municipality and the
Council.
f) The Municipality confirms, agrees and consents that the appointment of
Giorno and this Agreement with the Consultant / Company do not prohibit the
Consultant / Company from accepting from another client a mandate that is
adverse to the interests of the Municipality, provided that all of the following
conditions are satisfied: Giorno does not act in the other mandate; no one
else providing services under this Agreement acts in the other mandate; the
other mandate is unrelated to Integrity Commissioner services; and the
Consultant / Company possesses no confidential information obtained in the
course of providing services under this Agreement that is relevant to the other
mandate.
g) A mandate that satisfies the conditions in paragraph (f), above, does not
constitute a conflict of interest, either actual or potential, and does not require
notice to the Municipality or provide cause to terminate the appointment or
this Agreement.
5. The Consulting Agreement is hereby further amended by deleting Clause 1.4
(Intellectual Property) and replacing it with the following:
Giorno's final reports delivered to Council (not drafts of them) are the only
Deliverables contemplated by this Agreement. The Municipality shall make Giorno's
reports easily accessible and publicly available on its Website. The parties agree
that once delivered to Council, the reports shall be in the public domain.
6. The Consulting Agreement is hereby further amended by amending Clause 1.12
(Assignment and Subcontracting) to add the following:
A delegation of powers or duties by Giorno under the Municipal Act does not
constitute an assignment of this Agreement.
If due to recusal to avoid a perceived conflict of interest or for any other reason
Giorno delegates powers or duties to a person who does not belong to
Company/Consultant then Giorno shall make best efforts to identify a delegate who
will agree to discharge the powers or duties for the Special Projects Hourly Fee set
out in section 3.04 of this Agreement.
For greater certainty, for a delegation under subsection 223.3(3) of the Municipal Act
the Municipality's approval is not required, but the Integrity Commissioner will
provide a courtesy notification to the Municipal Clerk should such a delegation be
put in place.
7. The Consulting Agreement is hereby further amended by deleting Clause 1.18
(Publication).
8. The Consulting Agreement is hereby further amended by amending Section 1.31
(Reports) to read as follows:
All reports produced for the Municipality by a Consultant/Company must be
provided in an accessible format. Accessible format indicates the document is in
compliance with the Accessibility for Ontarians with Disabilities Act (AODA), Web
Content Accessibility Guidelines (WCAG 2.0) Level AA and will have passed all the
accessibility checkers.
9. In all instances where this agreement references the "integrity commissioner", it shall be
read hand in hand to refer to as the "Consultant/Company".
10. All other terms of the Consulting Agreement shall remain in full force.
11. This agreement shall come into effect on March 1, 2019.
DATED THIS DAY OF , 2019.
THE MUNICIPALITY OF CLARINGTON
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
FASKIN MARTINEAU DUMOULIN LLP
67
Corporate Policy
POLICY TYPE:
SUBSECTION:
POLICY TITLE:
POLICY #:
POLICY APPROVED BY:
EFFECTIVE DATE:
REVISED:
APPLICABLE TO:
Attachment 4 to
Report CLD -004-19
ciff-mooff
Working Conditions and Programs
Working Conditions
Council -Staff Relations
NEW
Council
TBD -2019
All Members of Council and staff
1. Purpose Statement
This policy provides guidance on how the Municipality of Clarington will promote a
respectful, tolerant and harassment -free relationship and workplace between Members
of Council and the officers and employees of the corporation.
2. Scope
In accordance with Section 270 of the Municipal Act, 2001, this policy applies to all
employees and Members of Council.
3. Definitions
Member is a Member of the Municipality of Clarington's Council.
4. Policies
Guidance
Members acknowledge that only Council, as a whole, has the capacity to direct
employees.
Members will direct any concerns, respecting employees, through the Chief
Administrative Officer.
Page 1 of 7
Corporate Policy
Attachment 4 to
Report CLD -004-19
ciff-M4011
The relationship between Members of Council and the officers and employees of the
corporation is guided by the following:
1. Code of Conduct for Members of Council
The code of Conduct for Members of Council establishes the ethical behavior
expected of Members. The Code of Conduct for Members of Council states as
follows:
Section 7 Conduct Respecting Others
7.1 Every member has the duty and responsibility to treat all members
of the public, other members of Council, and all staff appropriately
and without abuse, bullying or intimidation, and to ensure that the
work environment is free from discrimination and harassment.
7.2 No member shall use indecent, abusive or insulting -words or
expressions toward any other member, any member of staff or any
member of the public.
7.3 No member shall engage in Harassment of anyone. The Human
Rights Code defines Harassment as "engaging in a course of
vexatious comment or conduct that is known or ought reasonably to
be known to be unwelcome."
7.4 No member shall engage in Discrimination against anyone on the
basis of race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender identity, gender
expression, age, marital status, family status or disability (the list of
prohibited grounds of discrimination in the Human Rights Code).
7.5 Sections 7.3 and 7.4 shall be interpreted in a manner consistent
with the Human Rights Code.
Page 2of7
Attachment 4 to
Report CLD -004-19
Corporate Policyciff-M4011
7.6 The following examples of Harassment are illustrative only and not
exhaustive:
(a) Examples Harassment in the workplace include:
x Physically abusive or aggressive behaviour such as
pushing, hitting, finger pointing or standing close to the
victim in an aggressive manner
x Using intimidating or disrespectful body language
x Verbally abusive behaviour such as yelling, insults,
intimidating comments and name calling
x Spreading malicious rumours
x Excluding or ignoring the victim
x Making little or no eye contact with the victim and
refusing to engage in common pleasantries
x Sabotaging the victim's work or claiming credit for it
x Repeatedly blaming another for mistakes
x Making false allegations in memos or other documents
x hbermining the victim's efforts by setting impossible
goals and deadlines and impeding an employee's efforts
at promotions or transfers
x Persistent excessive and unjustified criticism and
constant scrutiny
x Engaging in a course of vexatious comment or conduct
against a worker in a workplace because of sex, sexual
orientation, gender identity or gender expression, where
the course of comment or conduct is known or ought
reasonably to be known to be unwelcome
x Making a sexual solicitation or advance where the
person making the solicitation or advance is in a position
to confer, grant or deny a benefit or advancement to the
worker and the person knows or ought reasonably to
know that the solicitation or advance is unwelcome
x Reprisal or threat of reprisal by a person in a position to
grant or deny a benefit to a person who has rejected his
or her sexual proposition
x Unnecessary or unwanted physical contact, ranging
from touching, patting or pinching to physical assault
x Leering or other suggestive gestures
Page 3 of 7
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Corporate Policy
Attachment 4 to
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ciff-M4011
x Displaying, sending or communicating electronically or
by any other means pornographic pictures or other
offensive, sexually explicit material
x Practical jokes of a sexual nature, which cause
awkwardness or embarrassment
x Compromising invitations
x Unwelcome remarks, jokes or insults about a person's
physical appearance, attire, race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, gender identity, gender expression,
age, marital status, family status or disability
x The displaying of racist, derogatory or otherwise
offensive material
x Insulting gestures or practical jokes, or other action that
causes embarrassment, based on grounds of race,
ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family
status or disability
x A refusal to converse or work with an individual because
of his or her race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family
status or disability
(b) The following examples, relative to employees who report
directly to Council, do not constitute Harassment, providing
they are undertaken without malice or intent to intimidate or
undermine:
(d)
x Performance reviews
x Work assignments
x Work evaluation
x Disciplinary measures taken by the employer for valid
reasons
x Reasonable action taken by an employer or supervisor
relating to the management and direction of workers or
the workplace is not workplace harassment
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Page 4 of 7
Corporate Policy
Attachment 4 to
Report CLD -004-19
ciff-M4011
7.7 In the course of investigating a complaint that alleges Harassment
or Discrimination, the Integrity Commissioner may make interim
reports to Council, including interim reports that recommend
measures to protect the complainant or to maintain the integrity of
the investigation.
Section 8 - Conduct Respecting Staff
8.1 Every member acknowledges that staff operate under the direction
of the senior municipal administration, and in accordance with the
decisions of Council, and are required to serve the Municipality as a
whole and not the needs or desires of any individual member.
8.2 Every member shall:
(a) be respectful of the role of staff to provide advice based on
political neutrality and objectivity and without undue influence
from any member or faction of the Council; and
(b) show respect for staff, and for their professional capacities and
responsibilities.
Page 5 of 7
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Corporate Policy
8.3 No member shall,
Attachment 4 to
Report CLD -004-19
ciff-M4011
(a) maliciously or falsely injure or impugn the professional or ethical
reputation of any member of staff;
(b) compel any member of staff to engage in partisan political
activities, or subject any member of staff to threat or
discrimination for refusing to engage in any such activity; or
(c) use or attempt to further his or her authority or influence by
intimidating, threatening, coercing, commanding or influencing
improperly any staff member or interfering with that staff
person's duties, including the duty to disclose improper activity.
2. Employee Code of Ethics
The Employee Code of Ethics is founded on the notion of ensuring integrity in
public service through the recognition and promotion of the fundamental
principles of transparency, impartiality, respect and accountability, including
interactions with Members of Council. As such, these general principles are
detailed in the prevailing Employee Code of Ethics Policy.
3. Harassment Policy
The Corporation of the Municipality of Clarington is dedicated to providing a
healthy and safe work environment. Acts of workplace harassment by staff,
volunteers, visitors, contractors or vendors will not be tolerated. The Municipality
of Clarington has a zero tolerance policy regarding workplace harassment.
The Harassment Policy provides a standard of conduct for employees of the
Corporation in the carrying out of their work assignments and their relationships
with the public, elected officials and each other. Any complaints related to
Members of Council and employees must follow the process outlined in the
prevailing Harassment Policy, which indicates that matter will be addressed
through the Council Code of Conduct Complaint Procedure and the complaint
submitted to the Integrity Commissioner. The Integrity Commissioner will report
to Council in accordance with governing protocol of that Office.
Page 6 of 7
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Corporate Policy
4. Accountability and Transparent Policy
Attachment 4 to
Report CLD -004-19
ciff-mooff
The Accountability and Transparent Policy states that:
The Council of the Municipality acknowledges that it is responsible to
provide good government for its stakeholders in an accountable and
transparent manner by:
• Encouraging public access and participation to ensure that
decision making is responsive to the needs of its constituents
and receptive to their opinions;
• Delivering high quality services to our citizens; and
• Promoting the efficient use of public resources.
Accountability, transparency and openness are standards of good
government that enhance public trust. They are achieved through the
Municipality adopting measures ensuring, to the best of its ability, that all
activities and services are undertaken utilizing a process that is open and
accessible to its stakeholders.
5. Procedural By-law
The Procedural By-law establishes rules, procedure and conduct within Council
and Committee meetings. Specifically, Section 10.1.1 states:
No member shall use offensive words or unparliamentary language or
speak disrespectfully against the Council, against any Member, or against
any officer or employee of the Municipality.
Responsibilities
Members of Council and officers and employees of the Corporation are required to
adhere to this policy and its governing provisions.
Page 7of7
74
Corporate Policy
POLICY TYPE:
SUBSECTION:
POLICY TITLE:
POLICY #:
POLICY APPROVED BY:
EFFECTIVE DATE:
REVISED:
APPLICABLE TO:
1. Policy Statement
Benefits
Sick/Maternity Leave
Pregnancy or Parental
Council
NEW
Council
TBD -2019
Attachment 5 to
Report CLD -004-19
ciff-mooff
Leaves for Members of
All Members of Council
The Municipality of Clarington recognizes that a Member of Council may need to take
leave for the Member's pregnancy, the birth of the Member's child or the adoption of a
child by the Member, as required by, and in accordance with Subsection 270(1) of the
Municipal Act, 2001.
2. Definitions
Member means a sitting Member of the Council for the duration of their term of office.
Pregnancy/Parental Leave is an absence of 20 consecutive weeks or less, as a result
of Member's pregnancy, the birth of a Member's child or the adoption of a child by the
Member in accordance with Subsection 259(1.1) of the Municipal Act, 2001.
3. Purpose
This policy provides guidance on how the Municipality addresses a Member's
pregnancy or parental leave in a manner that respects a Member's rights as an
individual and their statutory roles as an elected representative.
Page 1 of 5
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Corporate Policy
4. Applicability
Attachment 5 to
Report CLD -004-19
ciff-M4011
This policy shall apply to a Member of Council during their pregnancy/parental leave.
Any limitations or benefits shall only apply during the time of leave when the Member is
a sitting Member of Council. For instance, if a 20 week leave were to begin while the
Member was in office and end after the Member's term ends, this policy shall only apply
during the time that the Member was in office.
5. Policies
5.1 Principles
The Council of the Municipality of Clarington supports a Member's right to
Pregnancy/Parental leave in accordance with the following rules and principles:
1. A Member is elected to represent the interests of their constituents.
2. A Member's Pregnancy/Parental Leave does not require Council approval and
their office cannot be declared vacant as a result of the Pregnancy/Parental
Leave.
3. A Member's Pregnancy/Parental Leave is guaranteed by Subsection 259(1.1) of
the Municipal Act, 2001.
5.2 Communications & Access
1. A Member shall be entitled to continue to receive communication from the
Municipality during a Pregnancy/Parental Leave, in accordance with the wishes
of the Member.
2. Legislative and administrative matters that require action by the Member during
their pregnancy/parental leave shall be addressed in a manner that is consistent
with the Member's wishes.
3. A Member shall continue to have access to Municipal facilities during the
Member's Pregnancy/Parental Leave.
Page 2 of 5
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Corporate Policy
5.3 Members' Rights & Quorum
Attachment 5 to
Report CLD -004-19
ciff-M4011
A Member on pregnancy/parental leave shall reserve the right to exercise their
delegated authority and to participate as an active Member, at any time during
their Pregnancy/Parental Leave.
2. The absence of a Member on pregnancy/parental leave shall not affect quorum
because the Member always retains the right to return from leave (i.e. quorum,
as calculated in the Procedural By-law, remains the same).
5.4 Benefits
A Member on Pregnancy/Parental Leave shall continue to receive remuneration
with all the applicable statutory deductions as well as the existing OMERS
contributions.
2. A Member on Pregnancy/Parental Leave shall continue to receive benefits
afforded to all Members of Council.
3. When a member is on Pregnancy/Parental Leave, the regular travel allowance is
discontinued. However, should a Member incur travel expenses, they are eligible
to submit a travel expense claim in accordance with Section C.1.5 of the Travel
Allowance & Reimbursement Guidelines as part of the Council Compensation
By-law (2011-005).
4. Where the Member on Pregnancy/Parental Leave is a Regional representative
(i.e. a Regional Councillor or Mayor), the provisions contained in the Region of
Durham's Policy for Pregnancy and Parental Leaves for Members of Regional
Council shall be applicable, however, the administrative process for remuneration
shall remain unchanged.
Page 3 of 5
77
Corporate Policy
5.5 Notice
Attachment 5 to
Report CLD -004-19
ciff-M4011
In advance of a Member taking a Pregnancy/Parental Leave, the Member shall
provide written notice to the Municipal Clerk, the Mayor/Designate, and Human
Resources, outlining the expected duration of the leave including a potential
commencement date and return date. Such notice is to be submitted using the
prevailing Pregnancy/Parental Leave Notice Request Form (available from
Human Resources).
2. The Member shall inform same of any changes regarding their return date.
3. It is understood that, under emergency circumstance, a Member may not be able
to submit the appropriate notice before commencing a Pregnancy/Parental
Leave. Each Member shall, nonetheless, endeavour to provide the appropriate
notice in advance of any leave or as soon as possible after commencing the
leave.
5.6 Temporary Appointments
1. Council may make temporary appointments to fill any vacancies of the Member
to Committees, Boards, etc. or other meetings or activities of the Member.
2. Temporary appointments on Durham Region's Council, may be made in
accordance with Sections 267 and 268 of the Municipal Act.
3. Notwithstanding the above, at any point in time during the Pregnancy/Parental
Leave, the Member on pregnancy/parental leave may provide written notice to
the Municipal Clerk and the Mayor/Designate of their intent to lift any of the
Council approved temporary appointments as a result of the Member returning to
exercise their statutory role.
Page 4 of 5
9V
Attachment 5 to
Report CLD -004-19
Corporate Policy ciffftwil
6. Responsibilities
1. Members of Council and applicable municipal staff are responsible for adhering
to this policy.
2. At the direction of the CAO, the Municipal Clerk or the Director of Corporate
Services are delegated the authority to make administrative changes to this
policy that may be required from time to time due to legislative changes or, if the
amendments do not change the intent of the policy.
Page 5 of 5
79
Attachment 6 to
Report CLD -004-19
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2019-xxx
Being a by-law to amend the Procedural By-law, 2015-029.
Whereas, Bill 68, the Modernizing Ontario's Municipal Legislation Act, added Section
5(2.1) to the Municipal Conflict of Interest Act, regarding the consideration of penalty for
the member during a meeting;
And whereas current Clarington's Procedural By-law, 2015-029, would be in conflict
with the new provision;
Now therefore be it enacted that By-law 2015-029, Clarington's Procedural By-law, be
amended as follows:
That the following new section be added:
Section 7.2.1.1
Notwithstanding Sub -section 7.2.1, if the matter under consideration at a
meeting, or a part of a meeting, is to consider whether to suspend the
remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the
matter, including making submissions to council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the meeting.
However, the member is not permitted to vote on any question in respect
of the matter. Additionally, in the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during
which the matter is under consideration.
2. That this by-law shall take effect on the date of passing.
Passed in Open Council this XX day of February, 2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Clarftwn
Clerk's
Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: February 11, 2019
Report Number: CLD -007-19 Resolution:
File Number: By-law Number:
Report Subject: Appointments to Various Boards & Committees - 2019-2022
Recommendations:
That Report CLD -007-19 be received;
2. That the Committee consider the applications for appointments to the various boards
and committees, and that the vote be conducted to appoint the citizen representatives
to the various boards and committees, in accordance with the Appointment to Boards
and Committees Policy;
3. That the Municipal Clerk's Department be authorized to continue to advertise for the
remaining vacancy on the Newcastle Arena Board;
4. That a vote be conducted to appoint the Council representatives to the Tourism
Advisory Committee, in accordance with the Appointment to Boards and Committees
Policy;
5. That all interested parties listed in Report CLD -007-19 and any delegations be advised
of Council's decision.
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Municipality of Clarington Page 2
Report CLD -007-19
Report Overview
This report is intended to provide background information, regarding vacancies on various
boards and committees to assist in the appointment process.
1. Background
1.1 The Municipality of Clarington has several Boards, Committees and appointments which
expire with the term of Council.
1.2 The Committee considered applications at the January 7, 2019 Joint Committees
meeting. However, there were several vacancies remaining.
1.3 At the Committees direction, the Municipal Clerk's Department placed an advertisement
in the local papers to fill the remaining vacancies. In addition, the advertisement was
placed on the Municipality's Website www.clarington.net.
1.4 As per the "Appointment to Boards & Committees Policy", the applications have been
forwarded to the appropriate staff liaison to complete a matrix for each board/committee
for the citizen appointments. The matrix has been attached at the front of each of the
applications for the respective boards and committees.
2. List of Applicants
2.1 The applications have been circulated confidentially under separate cover as they
contain personal information. Below is an alphabetical listing of the various Boards and
Committees and applicable information.
3. Accessibility Advisory Committee
Background
3.1 The purpose of the Clarington Accessibility Advisory Committee is to advise and assist
the Municipality in developing and facilitating strategies toward a barrier -free Clarington
for citizens with disabilities. This aim shall be achieved through the review of Municipal
policies, programs and services and the identification, removal and prevention of
barriers faced by persons with disabilities.
3.2 The terms of reference states that the composition of the Committee shall be comprised
of seven to ten voting members. The majority of the Committee membership shall be
held by persons with disabilities.
ME
Municipality of Clarington
Resort CLD -007-19
Current Situation
Page 3
3.3 Currently the Committee has appointed six members to the Committee. Therefore, the
Committee may appoint one to four citizens.
3.4 In response to the advertisement, the following individuals have put forward an
application for consideration:
• Catherine McConaghy
• Sarah McConaghy
4. Energy from Waste - Waste Management Advisory
Committee (EFW-WMAC)
Background
4.1 The EFW-WMAC was established in 2011. It acts in an advisory role to the Durham
Works Committee on issues or concerns which arise with waste diversion, waste
management, environmental performance and monitoring of the EFW Facility, including
the construction and operational phases.
4.2 The EFW-WMAC is comprised of nine residents from the Region of Durham: five
residents appointed by Durham Regional Council and four residents appointed by
Clarington Council.
Current Situation
4.3 Currently the Committee has appointed three members. Therefore, the Committee may
appoint one citizen to the EFW-WMAC.
4.4 In response to the advertisement, the following individuals have put forward an
application for consideration:
• Sami Elhajjeh
• Rick Lovitt
■ Stephen Middleton
Municipality of Clarington
Resort CLD -007-19
5. Heritage Committee
Background
Page 4
5.1 The Clarington Heritage Committee (CHC) is a volunteer advisory committee
established by the Municipality of Clarington Council in accordance with the provisions
of the Ontario Heritage Act. The goal of the CHC is to assist the Municipality of
Clarington in its efforts to identify, review, discuss and make recommendations to
Council on properties and issues of cultural heritage value or interest.
5.2 The CHC composition is set at a minimum of five members, maximum of 12, including:
Council representative; Newcastle Village and District Historical Society representative;
Museum representative; architectural historian; building/design specialist; and up to a
maximum of seven area residents.
Current Situation
5.3 Currently, the Board has 4 area residents appointed. Therefore, the Committee may
appoint one to three members to the Heritage Committee.
5.4 In response to the advertisement, the following individuals have put forward an
application for consideration:
x Noel Gamble
x David Reesor
x Ron Sproule
6. Kawartha Conservation Authority
Background
6.1 At the December 17, 2018 Council meeting, Council passed the following resolution:
That Staff be directed to advertise for a citizen representative from the
agricultural community to be appointed to the Kawartha Region Conservation
Authority; and
That Councillor Ron Hooper be appointed until a citizen representative successor
is appointed.
Municipality of Clarington
Resort CLD -007-19
Page 5
6.2 Pursuant to the policy of the Regional Council, each area municipality nominates names
for appointment, and the Regional Council makes the appointments. The Municipality
of Clarington may appoint one individual to the Kawartha Region Conservation
Authority.
6.3 Please note that the Council of the Region of Durham adopted the following policy, on
October 4, 2006, regarding appointments to conservation authorities:
THAT only elected officials be appointed to Conservation Authorities and further,
that only members of Regional Council be appointed unless the municipalities
have insufficient Regional Council representation, they shall be permitted to
appoint a local Councillor or appoint a citizen representative to the Conservation
Authority.
Current Situation
6.4 Currently, Councillor Hooper is appointed as the Council representative to the Kawartha
Conservation Authority.
6.5 In response to the advertisement, the following individual has put forward an application
for consideration:
x Tyson Brooks
x JC Dougan
x Evan King
x Douglas Morgan
7. Newcastle Arena Board
7.1 The Newcastle Arena Board is a volunteer Municipal Service Board established by the
Municipality of Clarington Council in accordance with the provisions of the Municipal
Act, 2001, as amended.
7.2 The goal of the Newcastle Arena Board is to operate the Newcastle Memorial Arena.
Committee members are ultimately responsible to the Municipality of Clarington Council
and are bound by By-law 2008-037, appointing the Newcastle Arena Board.
7.3 The terms of reference states that the composition of the Board shall be comprised of
nine persons, two of whom shall be members of Council.
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Municipality of Clarington Page 6
Report CLD -007-19
Current Situation
7.4 Currently, the Board has six members appointed. Therefore, the Committee may
appoint one member to the Newcastle Arena Board.
7.5 We did not receive any applications in response to the advertisement.
8. Newcastle Village Community Hall Board
Background
8.1 The purpose of the Board is to oversee and manage the operation of the Newcastle
Village Community Hall.
8.2 The Board is comprised of five citizens, three appointed by Council and two
Representatives elected by residents, and two Council Representatives.
Current Situation
8.3 There were no applications put forward for consideration during the January 7, 2019
Joint Committees meeting. Therefore, the Committee may appoint three citizens to the
Newcastle Village Community Hall Board.
8.4 In response to the advertisement, the following individuals have put forward an
application for consideration:
x Derek Dejong (See Note)
x Sierd Dejong
x Robert Malone
Note: As per the Terms of Reference, "The 3 members shall be appointed by the
Council from among the citizens of Newcastle Village". Therefore, Derek Dejong is not
eligible to be appointed to the Newcastle Village Community Hall Board, as he is not a
resident of Newcastle.
Municipality of Clarington Page 7
Resort CLD -007-19
9. Samuel Wilmot Nature Area Management Advisory
Committee
Background
9.1 The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) is a
group of volunteers appointed by the Municipality of Clarington to assist the Municipality
and the Ministry of Natural Resources in managing the Samuel Wilmot Nature Area.
The Committee is also dedicated to preserving and improving the condition of the
Nature Area for the benefit of the wildlife that resides there and the enjoyment of the
residents of Clarington.
9.2 The Committee consists of a minimum of eight citizens, three staff and one Council
representative.
Current Situation
9.3 Currently, the Board has seven members appointed. Therefore, the Committee may
appoint one to three members to the SWNAMAC.
9.4 In response to the advertisement, the following individuals have put forward an
application for consideration:
x Tyson Brooks
x Evan King
x Jocelyn Whalen (Late Application)
10. Tourism Advisory Committee
Background
10.1 On December 10, 2018, Council approved the following resolution to constitute the
Tourism Advisory Committee:
That Report CAO -015-18 be received;
That Council endorse the Terms of Reference for the Tourism Advisory Committee;
That Staff advertise and recruit potential members to the Tourism Advisory
Committee;
Municipality of Clarington Page 8
Report CLD -007-19
That a Council representative be appointed to sit on the Tourism Advisory
Committee; and
That all interested parties listed in Report CAO -015-18 and any delegations be
advised of Council's decision.
10.2 The role of the Tourism Advisory Committee is to provide advice, comments and
recommendations to Council on tourism services, activities and initiatives to promote
the Municipality. The committee will represent a variety of Tourism stakeholders and will
work with staff to further tourism -focused strategic goals and initiatives as set out by
Council.
10.3 The committee will be comprised of a total of nine voting members, one of whom will be
a member of Council, a representative from Clarington Board of Trade (non-voting) and
a staff liaison (non-voting).
Current Situation
10.4 The Committee may appoint six members to the Tourism Advisory Committee.
10.5 In response to the advertisement, the following individuals have put forward an
application for consideration:
x Paulina Alamo
x Fred Archibald
x Kristyn Chambers
x Amy Closter
x Ann -Marie Harley
x Evan King
x Douglas Morgan
x Petra Schwirtz
x Erin Senior
11. Concurrence
Not Applicable
12. Conclusion
12.1 It is recommended that the Committee consider the applications for appointments to the
various boards and committees.
Municipality of Clarington
Resort CLD -007-19
13. Strategic Plan Application
Not applicable.
Submitted by:
C: A,nrfe Geeentree, B.A., CMO,
Municipal Clerk
Page 9
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 or
sgray@clarington.net
Attachments:
Attachment 1 — Confidential Applications (Distributed Separately)
The following is a list of the interested parties to be notified of Council's decision:
All Applicants
All Board/Committee Appointment Contacts
Clarftwn
Legal Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: February 11, 2019
Report Number: LGL -002-19 Resolution:
File Number: L2010-01-03 By-law Number:
Report Subject: Enbridge Gas Franchise Agreement
Recommendations:
1. That Report LGL -002-19 be received;
2. That Council approves the form of draft By-law (including the franchise agreement
forming part thereof) attached to Report LGL -002-19 and authorizes the submission
thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9
of the Municipal Franchises Act;
3. That Council requests the Ontario Energy Board to make an order dispensing with the
assent of the municipal electors of the attached draft By-law (including the franchise
agreement forming part thereof) pursuant to the provisions of Section 9(4) of the
Municipal Franchises Act; and
4. That a copy of Council's resolution be forwarded to Enbridge Inc. in support of their
request for Ontario Energy Board approval.
ac
Municipality of Clarington
Report LGL -002-19
Report Overview
Page 2
Enbridge Gas Inc. requires an agreement with the Municipality as well as a Municipal
by-law to enable them to locate their natural gas system in Municipal roadways.
x The Ontario Energy Board is the approval authority for such agreements.
x The current agreement with Enbridge will expire on May 31, 2019.
x The proposed by-law and Modal Franchise Agreement are attached to this report for
acceptance by Council.
1. Background
1.1 Enbridge Gas Inc. ("Enbridge") distributes its natural gas within Clarington by means of
infrastructure that is primarily situated within publicly -owned road allowances.
1.2 Pursuant to the Municipal Franchises Act, Enbridge is not authorized to operate its
natural gas distribution network within Municipal boundaries unless the Municipality has
enacted a by-law to that effect.
1.3 A by-law to authorize the works may be subject to such terms and conditions that are
agreeable to Enbridge and the Municipality, provided that such terms and conditions are
approved by the Ontario Energy Board (the "OEB").
1.4 The terms and conditions associated with municipal authorization routinely take the form
of a "Franchise Agreement" between the Municipality and Enbridge.
2. Franchise Agreement
2.1 Clarington has an existing Franchise Agreement with Enbridge that commenced in 1999
and that is set to expire on May 31, 2019.
2.2 Enbridge has requested that the Municipality renew its Franchise Agreement.
2.3 Before the Municipality can pass an authorization by-law and enter into a new Franchise
Agreement, the terms of the authorization must first be approved by the OEB.
2.4 Attachment 1 of this Report is the draft by-law together with the proposed new Franchise
Agreement. Please note that the documents refer to "Enbridge Gas Distribution Inc."
however the company has recently been renamed to "Enbridge Gas Inc." and the
documents will have to be amended before they are finalized.
2.5 The new Franchise Agreement was produced in a collaborative effort between Enbridge
and representatives from the Association of Municipalities of Ontario ("AMO").
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Municipality of Clarington Page 3
Resort LGL -002-19
2.6 The new Franchise Agreement is substantially similar to the previous Franchise
Agreement with only minor changes.
2.7 Some of the important terms of the new Franchise Agreement include:
a) A 20 year term concluding in 2039;
b) The requirement for Enbridge to obtain a road excavation permit from the Municipality;
c) The requirement for Enbridge to submit plans and drawings to the Municipality prior to
undertaking any work;
d) The requirement for Enbridge to file "as built" drawings with the Municipality after
completion of the work;
e) The responsibility of Enbridge to properly restore Municipal property to its previous
condition after work is completed; and
f) The requirement for Enbridge to maintain appropriate liability insurance;
2.8 One other aspect of the new Franchise Agreement is that if for any legitimate reason the
Municipality requires the relocation of the gas system, the costs to do so would be shared
by the Municipality and Enbridge in the proportion of 35% and 65%, respectively. This is
the same cost-sharing formula as is found in the existing Franchise Agreement.
2.9 A novel provision of the new Franchise Agreement is that it purports to be automatically
amended if there is a change to any industry standards during the 20 year term.
2.10 The OEB is already familiar with the terms of the new Franchise Agreement, and there is
virtual certainty that the draft by-law and agreement will be approved by the OEB if
submitted in their current form.
2.11 Deviations from the form of the draft by-law or the new Franchise Agreement are not
likely to receive OEB approval.
3. OEB Approval Process
3.1 Should Council adopt the recommendations in this report, the next step would be to notify
Enbridge who would then submit the Council resolution together with the proposed by-law
and Franchise Agreement to the OEB for approval. Enbridge will also request, and the
Municipality has been asked to endorse, that the OEB dispense with the requirement of
the Municipal Franchises Act to obtain the assent of the municipal electors.
3.2 Notice of the Enbridge application will then be published in the local newspaper by the
OEB.
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Municipality of Clarington Page 4
Report LGL -002-19
3.3 Following an affirmative decision by the OEB, the by-law and Franchise Agreement would
then come back to Council for formal enactment and execution.
4. Concurrence
This report has been reviewed by the Director of Engineering Services who concurs with
the recommendations.
5. Strategic Plan Application
Not applicable.
Submitted by:
Robert Maciver, LL.B., MBA, CS,
Municipal Solicitor
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Robert Maciver, Municipal Solicitor, 905-623-3379 ext 2013 or
rmaciver@clarington.net
Attachments:
Attachment 1 - Draft By-law
93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("CORPORATION")
BY-LAW NUMBER
A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT
BETWEEN THE CORPORATION AND
ENBRIDGE GAS DISTRIBUTION INC.
WHEREAS the Council of the Corporation deems it expedient to enter into the attached franchise
agreement with Enbridge Gas Distribution Inc.;
AND WHEREAS the Ontario Energy Board by its Order issued pursuant to The Municipal
Franchises Act on the day of , 20 has approved the terms and conditions upon
which and the period for which the franchise provided for in the attached agreement is proposed to be granted, and
has declared and directed that the assent of the municipal electors in respect of this By-law is not necessary;
NOW THEREFORE BE IT ENACTED:
1. That the attached franchise agreement between the Corporation and Enbridge Gas Distribution Inc. is
hereby authorized and the franchise provided for therein is hereby granted.
2. That the Mayor and the Clerk are hereby authorized and instructed on behalf of the Corporation to
enter into and execute under its corporate seal and deliver the aforesaid agreement, which agreement is
hereby incorporated into and shall form part of this By-law.
Read the first and second time this day of , 20
Clerk
Reeve
Read the third time and ENACTED AND PASSED this day of , 20 .
Clerk
MI
Reeve
Model Franchise Agreement
THIS AGREEMENT effective this day of , 20
BETWEEN: The Corporation of Municipality of Clarington hereinafter called the
"Corporation"
- and -
Enbridge Gas Distribution Inc. hereinafter called the "Gas Company"
WHEREAS the Gas Company desires to distribute, store and transmit gas in the
Municipality upon the terms and conditions of this Agreement;
AND WHEREAS by by-law passed by the Council of the Corporation (the
"By-law"), the duly authorized officers have been authorized and directed to
execute this Agreement on behalf of the Corporation;
THEREFORE the Corporation and the Gas Company agree as follows:
Part I - Definitions
In this Agreement:
a. "decommissioned" and "decommissions" when used in connection with
parts of the gas system, mean any parts of the gas system taken out of
active use and purged in accordance with the applicable CSA
standards and in no way affects the use of the term 'abandoned'
pipeline for the purposes of the Assessment Act;
b. "Engineer/Road Superintendent" means the most senior individual
employed by the Corporation with responsibilities for highways within
the Municipality or the person designated by such senior employee or
such other person as may from time to time be designated by the
Council of the Corporation;
c. "gas" means natural gas, manufactured gas, synthetic natural gas,
liquefied petroleum gas or propane -air gas, or a mixture of any of
them, but does not include a liquefied petroleum gas that is distributed
by means other than a pipeline;
d. "gas system" means such mains, plants, pipes, conduits, services,
valves, regulators, curb boxes, stations, drips or such other equipment
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95
as the Gas Company may require or deem desirable for the
distribution, storage and transmission of gas in or through the
Municipality;
e. "highway" means all common and public highways and shall include
any bridge, viaduct or structure forming part of a highway, and any
public square, road allowance or walkway and shall include not only
the travelled portion of such highway, but also ditches, driveways,
sidewalks, and sodded areas forming part of the road allowance now
or at any time during the term hereof under the jurisdiction of the
Corporation;
f. "Model Franchise Agreement" means the form of agreement which the
Ontario Energy Board uses as a standard when considering
applications under the Municipal Franchises Act. The Model Franchise
Agreement may be changed from time to time by the Ontario Energy
Board;
g. "Municipality" means the territorial limits of the Corporation on the date
when this Agreement takes effect, and any territory which may
thereafter be brought within the jurisdiction of the Corporation;
h. "Plan" means the plan described in Paragraph 5 of this Agreement
required to be filed by the Gas Company with the Engineer/Road
Superintendent prior to commencement of work on the gas system;
and
whenever the singular, masculine or feminine is used in this
Agreement, it shall be considered as if the plural, feminine or
masculine has been used where the context of the Agreement so
requires.
Part II - Rights Granted
2. To provide gas service:
The consent of the Corporation is hereby given and granted to the Gas
Company to distribute, store and transmit gas in and through the
Municipality to the Corporation and to the inhabitants of the Municipality.
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96
3. To Use Highways.
Subject to the terms and conditions of this Agreement the consent of the
Corporation is hereby given and granted to the Gas Company to enter upon
all highways now or at any time hereafter under the jurisdiction of the
Corporation and to lay, construct, maintain, replace, remove, operate and
repair a gas system for the distribution, storage and transmission of gas in
and through the Municipality.
4. Duration of Agreement and Renewal Procedures.
a. If the Corporation has not previously received gas distribution services,
the rights hereby given and granted shall be for a term of 20 years
from the date of final passing of the By-law.
or
b. If the Corporation has previously received gas distribution services, the
rights hereby given and granted shall be for a term of 20 years from
the date of final passing of the By-law provided that, if during the 20 -
year term this Agreement, the Model Franchise Agreement is changed,
then on the 7th anniversary and on the 14th anniversary of the date of
the passing of the By-law, this Agreement shall be deemed to be
amended to incorporate any changes in the Model Franchise
Agreement in effect on such anniversary dates. Such deemed
amendments shall not apply to alter the 20 -year term.
c. At any time within two years prior to the expiration of this Agreement,
either party may give notice to the other that it desires to enter into
negotiations for a renewed franchise upon such terms and conditions
as may be agreed upon. Until such renewal has been settled, the
terms and conditions of this Agreement shall continue, notwithstanding
the expiration of this Agreement. This shall not preclude either party
from applying to the Ontario Energy Board for a renewal of the
Agreement pursuant to section 10 of the Municipal Franchises Act.
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97
Part III - Conditions
5. Approval of Construction
a. The Gas Company shall not undertake any excavation, opening or
work which will disturb or interfere with the surface of the travelled
portion of any highway unless a permit therefor has first been obtained
from the Engineer/Road Superintendent and all work done by the Gas
Company shall be to his satisfaction.
b. Prior to the commencement of work on the gas system, or any
extensions or changes to it (except service laterals which do not
interfere with municipal works in the highway), the Gas Company shall
file with the Engineer/Road Superintendent a Plan, satisfactory to the
Engineer/Road Superintendent, drawn to scale and of sufficient detail
considering the complexity of the specific locations involved, showing
the highways in which it proposes to lay its gas system and the
particular parts thereof it proposes to occupy.
c. The Plan filed by the Gas Company shall include geodetic information
for a particular location:
where circumstances are complex, in order to facilitate known
projects, including projects which are reasonably anticipated by
the Engineer/Road Superintendent, or
when requested, where the Corporation has geodetic information
for its own services and all others at the same location.
d. The Engineer/Road Superintendent may require sections of the gas
system to be laid at greater depth than required by the latest CSA
standard for gas pipeline systems to facilitate known projects or to
correct known highway deficiencies.
e. Prior to the commencement of work on the gas system, the
Engineer/Road Superintendent must approve the location of the work
as shown on the Plan filed by the Gas Company, the timing of the work
and any terms and conditions relating to the installation of the work.
f. In addition to the requirements of this Agreement, if the Gas Company
proposes to affix any part of the gas system to a bridge, viaduct or
other structure, if the Engineer/Road Superintendent approves this
proposal, he may require the Gas Company to comply with special
conditions or to enter into a separate agreement as a condition of the
approval of this part of the construction of the gas system.
g. Where the gas system may affect a municipal drain, the Gas Company
shall also file a copy of the Plan with the Corporation's Drainage
Superintendent for purposes of the Drainage Act, or such other person
designated by the Corporation as responsible for the drain.
h. The Gas Company shall not deviate from the approved location for any
part of the gas system unless the prior approval of the Engineer/Road
Superintendent to do so is received.
i. The Engineer/Road Superintendent's approval, where required
throughout this Paragraph, shall not be unreasonably withheld.
j. The approval of the Engineer/Road Superintendent is not a
representation or warranty as to the state of repair of the highway or
the suitability of the highway for the gas system.
6. As Built Drawings
The Gas Company shall, within six months of completing the installation of
any part of the gas system, provide two copies of "as built" drawings to the
Engineer/Road Superintendent. These drawings must be sufficient to
accurately establish the location, depth (measurement between the top of
the gas system and the ground surface at the time of installation) and
distance of the gas system. The "as built" drawings shall be of the same
quality as the Plan and, if the approved pre -construction plan included
elevations that were geodetically referenced, the "as built" drawings shall
similarly include elevations that are geodetically referenced. Upon the
request of the Engineer/Road Superintendent, the Gas Company shall
provide one copy of the drawings in an electronic format and one copy as a
hard copy drawing.
7. Emergencies
In the event of an emergency involving the gas system, the Gas Company
shall proceed with the work required to deal with the emergency, and in any
instance where prior approval of the Engineer/Road Superintendent is
normally required for the work, the Gas Company shall use its best efforts to
immediately notify the Engineer/Road Superintendent of the location and
nature of the emergency and the work being done and, if it deems
appropriate, notify the police force, fire or other emergency services having
jurisdiction. The Gas Company shall provide the Engineer/Road
Superintendent with at least one 24 hour emergency contact for the Gas
Company and shall ensure the contacts are current.
-5-
99
8. Restoration
The Gas Company shall well and sufficiently restore, to the reasonable
satisfaction of the Engineer/Road Superintendent, all highways, municipal
works or improvements which it may excavate or interfere with in the course
of laying, constructing, repairing or removing its gas system, and shall make
good any settling or subsidence thereafter caused by such excavation or
interference. If the Gas Company fails at any time to do any work required
by this Paragraph within a reasonable period of time, the Corporation may
do or cause such work to be done and the Gas Company shall, on demand,
pay the Corporation's reasonably incurred costs, as certified by the
Engineer/Road Superintendent.
9. Indemnification
The Gas Company shall, at all times, indemnify and save harmless the
Corporation from and against all claims, including costs related thereto, for
all damages or injuries including death to any person or persons and for
damage to any property, arising out of the Gas Company operating,
constructing, and maintaining its gas system in the Municipality, or utilizing
its gas system for the carriage of gas owned by others. Provided that the
Gas Company shall not be required to indemnify or save harmless the
Corporation from and against claims, including costs related thereto, which
it may incur by reason of damages or injuries including death to any person
or persons and for damage to any property, resulting from the negligence or
wrongful act of the Corporation, its servants, agents or employees.
10. Insurance
a. The Gas Company shall maintain Comprehensive General Liability
Insurance in sufficient amount and description as shall protect the Gas
Company and the Corporation from claims for which the Gas Company
is obliged to indemnify the Corporation under Paragraph 9. The
insurance policy shall identify the Corporation as an additional named
insured, but only with respect to the operation of the named insured
(the Gas Company). The insurance policy shall not lapse or be
cancelled without sixty (60) days' prior written notice to the Corporation
by the Gas Company.
b. The issuance of an insurance policy as provided in this Paragraph
shall not be construed as relieving the Gas Company of liability not
covered by such insurance or in excess of the policy limits of such
insurance.
-6-
100
c. Upon request by the Corporation, the Gas Company shall confirm that
premiums for such insurance have been paid and that such insurance
is in full force and effect.
11. Alternative Easement
The Corporation agrees, in the event of the proposed sale or closing of any
highway or any part of a highway where there is a gas line in existence, to
give the Gas Company reasonable notice of such proposed sale or closing
and, if it is feasible, to provide the Gas Company with easements over that
part of the highway proposed to be sold or closed sufficient to allow the Gas
Company to preserve any part of the gas system in its then existing
location. In the event that such easements cannot be provided, the
Corporation and the Gas Company shall share the cost of relocating or
altering the gas system to facilitate continuity of gas service, as provided for
in Paragraph 12 of this Agreement.
12. Pipeline Relocation
a. If in the course of constructing, reconstructing, changing, altering or
improving any highway or any municipal works, the Corporation deems
that it is necessary to take up, remove or change the location of any
part of the gas system, the Gas Company shall, upon notice to do so,
remove and/or relocate within a reasonable period of time such part of
the gas system to a location approved by the Engineer/Road
Superintendent.
b. Where any part of the gas system relocated in accordance with this
Paragraph is located on a bridge, viaduct or structure, the Gas
Company shall alter or relocate that part of the gas system at its sole
expense.
c. Where any part of the gas system relocated in accordance with this
Paragraph is located other than on a bridge, viaduct or structure, the
costs of relocation shall be shared between the Corporation and the
Gas Company on the basis of the total relocation costs, excluding the
value of any upgrading of the gas system, and deducting any
contribution paid to the Gas Company by others in respect to such
relocation; and for these purposes, the total relocation costs shall be
the aggregate of the following:
i. the amount paid to Gas Company employees up to and including
field supervisors for the hours worked on the project plus the
current cost of fringe benefits for these employees,
-7-
101
the amount paid for rental equipment while in use on the project
and an amount, charged at the unit rate, for Gas Company
equipment while in use on the project,
iii. the amount paid by the Gas Company to contractors for work
related to the project,
iv. the cost to the Gas Company for materials used in connection
with the project, and
v. a reasonable amount for project engineering and project
administrative costs which shall be 22.5% of the aggregate of the
amounts determined in items (i), (ii), (iii) and (iv) above.
d. The total relocation costs as calculated above shall be paid 35% by the
Corporation and 65% by the Gas Company, except where the part of
the gas system required to be moved is located in an unassumed road
or in an unopened road allowance and the Corporation has not
approved its location, in which case the Gas Company shall pay 100%
of the relocation costs.
Part IV - Procedural And Other Matters
13. Municipal By-laws of General Application
The Agreement is subject to the provisions of all regulating statutes and all
municipal by-laws of general application, except by-laws which have the
effect of amending this Agreement.
14. Giving Notice
Notices may be delivered to, sent by facsimile or mailed by prepaid
registered post to the Gas Company at its head office or to the authorized
officers of the Corporation at its municipal offices, as the case may be.
15. Disposition of Gas System
a. If the Gas Company decommissions part of its gas system affixed to a
bridge, viaduct or structure, the Gas Company shall, at its sole
expense, remove the part of its gas system affixed to the bridge, viaduct
or structure.
b. If the Gas Company decommissions any other part of its gas system, it
shall have the right, but is not required, to remove that part of its gas
system. It may exercise its right to remove the decommissioned parts of
its gas system by giving notice of its intention to do so by filing a Plan
-8-
102
as required by Paragraph 5 of this Agreement for approval by the
Engineer/Road Superintendent. If the Gas Company does not remove
the part of the gas system it has decommissioned and the Corporation
requires the removal of all or any part of the decommissioned gas
system for the purpose of altering or improving a highway or in order to
facilitate the construction of utility or other works in any highway,
the Corporation may remove and dispose of so much of the
decommissioned gas system as the Corporation may require for such
purposes and neither party shall have recourse against the other for
any loss, cost, expense or damage occasioned thereby. If the Gas
Company has not removed the part of the gas system it has
decommissioned and the Corporation requires the removal of all or any
part of the decommissioned gas system for the purpose of altering or
improving a highway or in order to facilitate the construction of utility or
other works in a highway, the Gas Company may elect to relocate the
decommissioned gas system and in that event Paragraph 12 applies to
the cost of relocation.
16. Use of Decommissioned Gas System
a. The Gas Company shall provide promptly to the Corporation, to the
extent such information is known:
i. the names and addresses of all third parties who use
decommissioned parts of the gas system for purposes other than
the transmission or distribution of gas; and
ii. the location of all proposed and existing decommissioned parts of
the gas system used for purposes other than the transmission or
distribution of gas.
b. The Gas Company may allow a third party to use a decommissioned
part of the gas system for purposes other than the transmission or
distribution of gas and may charge a fee for that third party use,
provided
i. the third party has entered into a municipal access agreement
with the Corporation; and
ii. the Gas Company does not charge a fee for the third party's right
of access to the highways.
c. Decommissioned parts of the gas system used for purposes other than
the transmission or distribution of gas are not subject to the provisions
of this Agreement. For decommissioned parts of the gas system used
for purposes other than the transmission and distribution of gas, issues
-9-
103
such as relocation costs will be governed by the relevant municipal
access agreement.
17. Franchise Handbook
The Parties acknowledge that operating decisions sometimes require a
greater level of detail than that which is appropriately included in this
Agreement. The Parties agree to look for guidance on such matters to the
Franchise Handbook prepared by the Association of Municipalities of
Ontario and the gas utility companies, as may be amended from time to
time.
18. Agreement Binding Parties
This Agreement shall extend to, benefit and bind the parties thereto, their
successors and assigns, respectively.
IN WITNESS WHEREOF the parties have executed this Agreement effective
from the date written above.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By:
Duly Authorized Officer
ENBRIDGE GAS DISTRIBUTION INC.
By:
By:
-10-
104
DATED this day of , 20
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
- and -
ENBRIDGE GAS DISTRIBUTION INC.
FRANCHISE AGREEMENT
ENBRIDGE GAS DISTRIBUTION INC.
500 Consumers Road
North York, Ontario
M2J 1 P8
Attention: Regulatory Affairs Department
Clarington
5 ' k
REPORT
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: February 11, 2019
Report Number: CAO -002-19 Resolution:
File Number: By-law Number:
Report Subject: New Staffing Policy
Recommendations:
That Report CAO -002-19 be received; and
2. That the New Staffing Policy attached to Report CAO -002-19 be approved.
106
Municipality of Clarington
Report CAO -002-19
Report Overview
The proposed New Staffing Policy establishes an annual funding envelope for new
permanent and contract positions. The envelope provides flexibility to maintain service
levels with appropriate cost controls.
1. Background
Page 2
1.1 Report FND-003-11 included a policy recommendation, approved by Council, that "...
budgetary allocation for new staffing in any given year not ... exceed the value of
assessment growth for that year." This recommendation was in relation to a proposed
multi-year staffing plan. The plan and policy were never followed by Council.
1.2 At the Special Council Meeting on January 18, 2019, there was discussion regarding
the efficiency of having Council approve all new staff positions in the budget. With the
exception of the Chief Administrative Officer and statutory officers, Council is not
involved in the hiring of staff. It follows that management is best positioned to allocate
the resources determined by Council (through the approved budget) and deploy staff to
provide the services approved by Council.
2. Policy
2.1 Over the past several budget cycles, the concept of a funding envelope for new hires
has been discussed. The main advantage of this approach is that it would provide
flexibility to maintain service levels and respond to changing needs. A funding envelope
would also provide Council with a measure of cost control.
2.2 The primary reason for additional staffing is the increase in the demands for services
caused by the Municipality's increasing population.
2.3 Unlike the plan and policy approved by Council in 2011 (through FND-003-11), the
proposed policy does not set a staff funding limit based on the growth in assessment.
Instead, it links any new staffing to the prior year's levy.
2.4 For context, the policy approved by Council in 2011 to link new staffing to assessment
growth would have resulted in an average limit of over $1.2 million over the past 5
years. In 2018, assessment growth was over $1.6 million.
107
Municipality of Clarington
Report CAO -002-19
Page 3
2.5 The proposed policy sets a funding envelope limit of 0.8% of the prior year's levy. Over
the past 5 years, a funding envelope using this approach would have capped staffing
increases at an average level of $406,000. For 2019, the level using this approach would
be approximately $452,000.
2.6 The following chart graphically shows the information set out in 2.4 and 2.5 above
alongside the staffing levels requested by staff and approved by Council over the years
2014 — 2018. The staffing numbers include both levy and non -levy funded positions.
1,B44,DC
1,644,006
1.444,464
1,x44,444
1,444,4i16
s64,4iY6
5IX1,IX16
444,406
Proposed Staffing Policy vs Assessment Growth and Actuals
2014to 2418
x44,446 —
2414 2415 2015 2017 2M
•Proposedpo'!c, _ ssessmentgrovlth Requestedstaffcg—Approvedstaffirg
2.7 In recognition of previous decisions of Council, incremental funding of future firefighters is
dealt with separately in the policy. On an annual basis, the contribution to the Future
Staffing Reserve Fund will be increased by $125,000 in the proposed 2019 budget
(making a total contribution to the reserve in 2019 of $250,000) for planned future
firefighters.
1
Municipality of Clarington
Report CAO -002-19
Page 4
2.8 It is recommended that the funding limit be based on the prior year's levy as this would
enable the CAO to make staffing decisions in a timely manner. Assessment growth may
not be determined until December which makes a staffing decision for inclusion in a
proposed budget difficult.
2.9 The proposed policy does not include positions for which there is no tax levy impact. An
example would be a building inspector whose salary and benefits are 100% funded
through user fees under the Building Code Act, 1992.
2.10 The policy also recognizes that from time to time, the Municipality may wish to enter into
new services or significantly enhance a service. In these cases, staffing requirements for
these new services or enhanced services are not included in the funding envelope and
would have to be approved by Council. An example would be new staff required to
manage and operate a new recreation facility.
2.11 It is proposed that unexpended funds from any budget be placed in the Future Staffing
Reserve Fund for use in future years in recognition that there may not be a need each
year to utilize the full funding, but there may be years in which a higher need than the
annual contribution limit is required. This strategy will smooth increases to the tax levy
and provide the CAO with flexibility to meet service demands.
2.12 Funds specifically entered into the Future Staffing Reserve Fund for Emergency Services
personnel, a separate calculation, will be used solely for Emergency Services staffing.
Funds entered into the Future Staffing Reserve Fund for other staffing will be used for
non -Emergency Services staffing.
3. Concurrence
The Treasurer/Director of Finance concurs with the recommendations in this report.
4. Conclusion
It is respectfully recommended that the proposed policy be approved.
109
Municipality of Clarington
Report CAO -002-19
5. Strategic Plan Application
Not applicable.
Submitted by
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Nathan Schroor, Policy Analyst, 905-623-3379 x.2611 or
nschroor@clarington. net
Attachment 1 - New Staffing Policy
110
Page 5
Corporate Policy
ATTACHMENT 1 TO
REPORT CAO -002-19
•
arin n
Leading the Way
If this information is required in an alternate format, please contact the Accessibility Co-
ordinator at 905-623-3379 ext. 2131
POLICY TYPE:
Working Conditions and Programs
SUBSECTION:
Working Conditions
POLICY TITLE:
New Staffing
POLICY #:
E13
POLICY APPROVED BY:
Council
EFFECTIVE DATE:
February 25, 2019
REVISED:
February 25, 2019
APPLICABLE TO:
All Employees
1. Purpose
The Municipality is committed to demonstrating good governance and ensuring value
for the tax dollar. This Policy provides a framework for staffing decisions and provides a
higher degree of certainty in the planning for organizational growth. It is intended to
ensure responsible and predictable funding to maintain existing service levels.
2. Scope
a) This Policy applies to all Municipal departments and all new positions whether full
or part time, permanent or contract that are required to maintain current levels of
service.
b) This policy does not apply to positions that are related to new or significantly
enhanced services of the Municipality or positions for services that are fully
funded by user fees.
3. Policy
a) New staffing decisions will be made by the CAO based on a review of individual
business cases prepared with three primary considerations: level of service,
growth and balancing strategic priorities.
111
b) When reviewing the annual budget, Council will be asked to approve a new staff
funding envelope for permanent or contract tax funded positions up to a
maximum of 0.8 percent of the prior year's levy.
c) In addition to the funds described in clause b) above, the Treasurer will include
within the budget an incremental increase in contribution to the Future Staffing
Reserve Fund for WH HTDHW RI one firefighter until RFD OHFW
RWHUH.
d) Unexpended monies from the annual funding envelope will be contributed to the
Future Staffing Reserve Fund for allocation in future years.
e) Funds specifically entered into the Future Staffing Reserve Fund for Emergency
Services personnel in accordance with clause c) above will be used solely for
Emergency Services staffing. Funds entered into the Future Staffing Reserve
Fund for other staffing will be used for non -Emergency Services staffing.
f) This Policy shall be reviewed following to the completion of the budget process of
the first year of each term of Council or as deemed necessary.
112
Clarington
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: September 4, 2018
Report Number: EG '-018-18 Resolution:
File Number: By-law Number:
Report Subject: Clarington Urban Forest Strategy
Recommendations:
1. That Report E * '-08-18 be received; and
2. That Council endorse the Clarington Urban Forest Strategy attached to Report
EG '- 018-18.
113
Municipality of Clarington
EG '-018-18
Report Overview
Page 2
The purpose of this report is to provide Council with an Urban Forest Strategy that provides
broad direction for urban forest planning and makes forest sustainability the primary
objective of forest management. This report seeks endorsement from Council for the
strategic objectives recommended in the Urban Forest Strategy.
1. Background
1.1. At the January 15, 2018 Council Meeting, Council passed Resolution #GG -028-18,
directing an inter -departmental team including Operations, Planning and Engineering to
develop an Urban Forest Strategy using existing staff.
1.2. Earlier reports on Clarington's existing policies regarding tree preservation were
submitted by the Operations Department (OPD -011-17), the Clerk's Department (CLD -
013 -2016), and also the Planning Services Department (PSD -055-16). Those reports
outlined how tree protection is currently addressed by the applicable legislation and
regulations for the rural and urban areas of Clarington.
2. Discussion
2.1 Given the direction of Council, staff have prepared the attached Urban Forest Strategy
including Strategic Objectives to move the urban forest towards a long-term, sustainable
model of management. The Strategic Objectives are categorized under the following six
groups:
x Tree Inventory and Assessment;
x Management of Municipal Forests;
x Level of Service;
x Customer Service / Service Delivery;
x Tree Protection and Management; and
x Forest Health and Pest Management.
2.2 The value of trees in urban settings is well-documented, and includes important
environmental, economic and community benefits. Trees and shrubs have the capacity
to clean the air and water, moderate the local climate, reduce energy consumption in
homes and buildings, sequester and store atmospheric carbon, provide shade and
screening, help control storm water runoff, and provide habitat for wildlife. Trees also
provide community and economic benefits. These include contributing to mental and
physical health, and increasing property values.
2.3 An Urban Forest Strategy is a framework that sets broad direction for urban forest
planning and makes forest sustainability the primary objective of forest management. It
provides the strategic direction for the long-term management of the Urban Forest and is
an integral part of addressing climate change.
114
Municipality of Clarington
EG '-018-18
Page 3
2.4 Achieving long-term forest sustainability can be far more complex in urban areas than in
the natural environment due to variations in land use, ownership, growing conditions, and
competing social and economic interests.
2.5 The Urban Forest Strategy can be used to direct the creation of an Urban Forest
Management Plan that would:
i. Set goals and objectives for the long term sustainability of the urban forest;
ii. Set measurable targets for success; and
iii. Project resource requirements to meet goals.
2.6 When the provisions of Bill 68 Modernizing Ontario's Municipal Legislation Act, 2017,
come into force on March 1, 2019, the Municipality is required to establish a policy on
"the manner in which the Municipality will protect and enhance the tree canopy and
natural vegetation in the municipality". If approved, we assume the Urban Forest
Strategy will satisfy the legislative requirement as no guidance or direction has been
provided by the Ministry of Municipal Affairs and Housing.
2.7 Staff will work towards the creation of an Urban Forest Management Plan as additional
information and resources become available. At a minimum, Operations Department will
budget for an update to the street tree inventory. The Urban Forest Strategy should be
reviewed on a 5 year basis.
3. Concurrence
3.1. This report was reviewed by the Municipal Clerk, Director of Planning Services and
Director of Operations who concur with the recommendations.
4. Conclusion
4.1. In accordance with Council's direction, staff have developed the Clarington Urban Forest
Strategy, a framework that sets broad direction for urban forest planning and makes
forest sustainability the primary objective of forest management. The Urban Forest
Strategy identifies what we aim to achieve and recommends actions to achieve those
objectives. Some objectives can be achieved with existing staff resources, others would
require specific professional expertise to determine the staff and financial resources
needed to implement the objectives.
5. Strategic Plan Application
5.1. The recommendations contained in this report conform to Priority 6 of the 2015 - 2018
Strategic Plan initiative to "Enhance Access to Our Unique Natural Environment".
115
Municipality of Clarington
EG '-018-18
Submitted by;
Anthony Cannella,
Director of Engineering Services
Page 4
Reviewed by:
Andrew C. Allison, B. Comm, LLB
CAO
Staff Contact: Peter Windolf, Manager of Park Development, pwindolf@clarington.net
Attachment 1 — Urban Forest Strategy
There are no interested parties to be notified of Council's decision.
116
�;1�
$VWDFKPHUWR5HSRUW(-
rington
Urban Forest Strategy
Woodland at Bons Park-Bowmanville
117
Table of Contents
1. INTRODUCTION........................................................................................................ 1
2. CURRENT FOREST CONDITION.............................................................................. 4
2.1 Forested Areas.................................................................................................... 4
2.2 Individual Trees................................................................................................... 5
2.3 Street Tree Inventory (Courtice, Bowmanville, Newcastle, Orono) ...................... 5
2.4 Tree Planting Programs....................................................................................... 7
2.5 Tree Maintenance Program................................................................................. 8
2.6 Benefits of Trees................................................................................................. 9
2.7 Current Forest and Tree Protection processes in Clarington ............................. 10
2.7.1 Municipal Tree By-laws.................................................................................. 10
2.7.2 Durham Region Tree By-law.......................................................................... 11
2.7.3 Clarington Tree By-law................................................................................... 11
3. STRATEGIC OBJECTIVES...................................................................................... 13
3.1 Tree Inventory and Assessment (Streets, Parks and Open Space Areas) ........ 13
3.2 Management of Municipal Forests..................................................................... 14
3.3 Level of Service................................................................................................. 15
3.4 Customer Service / Service Delivery................................................................. 16
3.5 Tree Protection and Management..................................................................... 16
3.6 Forest Health and Pest Management................................................................ 18
4. IMPLEMENTATION................................................................................................... 19
5. CONCLUSION........................................................................................................... 19
List of Appendices
A. Overview of Current Natural Heritage Conditions in Clarington
118
1. INTRODUCTION
The Urban Forest has generally been defined as trees, forests, greenspace and related
cultural components in cities and communities. The Urban Forest is defined in the
2 IILFID OCO/CP FDCLQJ[�Dsystem of plant and animal communities, or as the woody
and associated vegetation in and around human settlement areas. It includes street
trees, residential trees, park trees and greenbelt and ravine plant and animal
communities, and provides habitat for
a diversity of urban wildlifeEJ Urban
Forestry is generally defined as the art,
science and technology of managing
trees and forest resources in and
around urban community ecosystems
for the physiological, sociological,
economic and aesthetic benefits trees
provide society.
An Urban Forest Strategy is a
framework that sets broad direction for
urban forest planning and makes forest
sustainability the primary objective of
forest management. It provides the
strategic direction for the long-term
management of the Urban Forest and
is an integral part of addressing
climate change. Achieving long-term
forest sustainability can be far more
complex in urban areas than in the
natural environment due to variations
in land use, ownership, growing
conditions, and competing social and
economic interests.
❑ K111EVMWD5G:DE118 LED❑ J RUVW' _1
( LUN -I RU HvHQ __I_I DCDGDVAIJMXLEDQ I RU+ANLL
C A EFIG NA MD❑❑❑[�❑ A/SHFMHG❑
branch of forestry that has as its objectives
the cultivation and management of trees for
their present and potential contribution to the
physiological, sociological and economic well-
being of urban society. These contributions
include the over-all ameliorating effect of
trees on their environment, as well as their
LP-FI.U-Dk5RC0C DQG1J HC FLDC DP F YDOHIE]
It is understood that trees in urban areas
(particularly those outside of natural areas) do
not provide the same range of ecological
functions as large tracts of natural forests, or
the same economic functions as actively
managed plantations. However, trees in
urban areas do provide a broad range of
functions and are most effectively considered,
and managed, as a whole. Therefore, the
\UP [ X, EDW DUKHE
trees within a given urban area.
The Strategy can be used to direct the creation of an Urban Forest Management Plan
that would:
i. Provide specific implementation direction on all aspects of the urban forest
strategy;
ii. Set goals and objectives for the long term sustainability of the urban forest;
iii. Set measurable targets for success.
iv. Project resource requirements to meet goals.
119
The Urban Forest provides a variety of social, environmental and economic benefits to
the citizens of Clarington. These benefits are well researched and relate to a variety of
measurable indicators of urban forest health. Incorporating a values based approach to
managing the Urban Forest is the basis for the Urban Forest Strategy.
DIJFK1H17M❑❑❑-AWISLRYb4RCMRI 11AR0 RG -LC HE2 QLURV❑
Municipal Legislation Act, 2017, will require the Municipality to HWEWIDISR(IFEIRCOWe
manner in which the Municipality will protect and enhance the tree canopy and natural
YHJH0ffZQ1Q0MPXCLFLSDa"mendment 107 to GLUDJVIQV2 IILFLDCCBGQ_updated the
policies regarding the natural heritage system and included enabling polices for the
development of an Urban Forest Management Plan.
Forest Management means the management of woodlands in a sustainable manner
which may include the construction and maintenance of forest access roads, production
of wood and wood products, and maple syrup production facilities; in addition forest
management includes the provision of recreation opportunities. The large forests within
the municipal boundaries, such as Ganaraska Forest, Long Sault Forest, Kendal and
Orono Crown Lands and Darlington Provincial Park have management plans prepared
by their respective owners/managers.
This Urban Forest Strategy provides some contextual information regarding the entire
Municipality, the strategic objectives are focused only on its urban areas as defined in
the Official Plan (Figure 1).
PA
120
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Figure 1 - Urban Areas
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BOWMANVILLE
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Figure 1 - Urban Areas
Figure 1 Map showing Urban Areas in Clarington
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3
2. CURRENT FOREST CONDITION
The current forest condition or status of forest resources (including street trees, parks
and open space trees, public woodlands in parks and environmental protection areas as
well as all trees on private land within our urban areas is the basis for all short and long
term decision making for Clarington V -X EDO7RUMNVI7KHFmost recent base information
on forested areas (both private and public) was compiled for the Official Plan Natural
Heritage Discussion Paper in 2013. Generally the makeup of the forest communities is
discerned using the Ecological Land Classification (ELC) protocol which classifies
vegetation communities through air photography interpretation; little detailed information
exists on species composition, age class or condition. More in depth ground surveys
have been carried out on the large forest tracks by their managers (e.g. the
Conservation Authorities and Ministry of Natural Resources). The only detailed on -the -
ground inventory for urban areas has been the street tree inventory completed in 2012.
This section describes the general information on the current forest inventory.
2.1 Forested Areas
The Municipality of Clarington covers 61,350 hectares. The total mapped forested areas
on both private and public land is 17,975 hectares, or 29.3% of the total land area when
Forest and Forest Swamp areas are combined (Figure 2).
Major Habitat Types and Land Uses In Clarington
Wetland
1.83%
Forest/Swamp _
4.74%
Forest
24.55%
Meadow
Beach/Bluff9.61%
/
Water
.29%
Urban
13.64
n
Figure 2 Percent cover of Clarington major habitat types and land uses
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Agricultural
45.20%
!!
The Natural Heritage System Discussion Paper overview of natural heritage conditions
from April 2013 (Appendix A) describes the 29.3% cover figure as very slightly below
the 30 percent forest cover guideline recommended as a minimum by Environment
Canada. The forest cover figure for Clarington suggests that to even meet what
biologists have considered as a very conservative minimum all remaining forest should
be maintained and there should be an increase in cover to improve ecological health
and function in the landscape.
Although there are some very large forest patches in the Oak Ridges Moraine many of
the remaining woodlands in Clarington are small and isolated, especially those in urban
areas. Furthermore, given that many are found in valleys and stream corridors, the
shape of patches is often linear or convoluted, reducing the amount of forest interior.
The distribution of forest cover in Clarington is skewed towards the more rural north end
of the Municipality on the Oak Ridges Moraine. Although this has the benefit of helping
water retention and maintaining the health of stream headwaters, the lower amount of
cover in the southern portion of the Municipality results in poor connectivity and lower
capacity to support wildlife populations. Furthermore urban impacts contribute to higher
negative impacts on the remaining woodlands, which are already compromised due to
their size and shape.
The Municipality does not have detailed forest inventory data for the majority of our
forested areas.
2.2 Individual Trees
The Municipality does not have comprehensive data on the number of individual trees
that exist in the urban areas on either public or private land. We know that there are
approximately 21,000 street trees as of 2018 but no data has been collected on the
number of individual trees in our parks, cemeteries and open space areas.
2.3 Street Tree Inventory (Courtice, Bowmanville, Newcastle, Orono)
The most recent street tree inventory was completed in 2012. Since then the inventory
has grown from approximately 18,000 trees to over 21,000 trees as a result of new
subdivision development. Due to the new subdivision growth over a relatively short
period of time, the inventory of street trees is unbalanced, with most of our street trees
being relatively young in age.
Maple is the predominant street tree (44%), with Lindens (14%) being the next most
common genus of street tree (Figure 2). In 2012 Ash represented 13.5% of Clarington
street trees but the effects of Emerald Ash Borer have drastically reduced their numbers
and ash are no longer planted on Clarington streets.
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Over the last decade several over -planted species have been reduced in proportions
through the increased planting of other varieties, and designing streetscape plans for
new subdivisions with a greater mix of species. Invasive trees like Norway Maple are
no longer planted as street trees in new subdivisions.
The municipal street tree inventory requires continual updates and maintenance, as well
as inspection of trees that have not had work completed on within the last 7 years.
Clarington Tree Inventory 2012
50%
S 10%
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Q 0%
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Tree Species
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Figure 3. Percentage of Tree Species in street tree inventory
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Ore`
Ilee
tea\
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Figure 3. Percentage of Tree Species in street tree inventory
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124
Species Size Class of Street Trees
70.8
La rg
8.7%
Small
20.5%
Medium
Figure 4. Species size classes of street trees categorized by maximum biological size
2.4 Tree Planting Programs
Clarington Operations Department has an annual street tree replacement program that
is contracted out. The intent of the program is to remove and replace dead street trees
in assumed subdivisions. Funding for this program has increased slightly in-line with
increases in contractor costs.
The effects of Emerald Ash Borer have resulted in the removal of 1544 street trees over
the past 5 years from municipal boulevards with another 800 ash trees scheduled to be
removed and replaced over the next 2 years. Staff currently do not have an inventory of
the number or size of ash trees that are located within municipal woodlands, parks or
rural raodways that still need to be addresssed.
Over the past 5 years approximately 4500 trees have been planted on municipal
properties as part of community planting programs implemented with funding from
RXMC]dAVRXL FM/A/XFKLD\/ UIQ D -LI -- RR\/ 7 UEX\N-3 LRJ LDP LL( YI U LH- -The Carbon
Farmer, OPG/Scouts Canada, and others. These planting programs have resulted in a
significant increase in tree planting over the last decade on streets and in parks, which
will result in many long term benefits.
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From 2012-2018 the Trees for Rural Roads program has resulted in the planting of
5,000 trees along rural roads. A 2018 Study conducted by the EcoBusiness Network
determined that approximately 165 tonnes of carbon dioxide equivalents have been
diverted by the Trees for Rural Roads program for the 5 years (2012 to 2017).
Mass Of CO2e Diverted Per Species Since 2012
Total CO2e Diverted: 165 tonnes
Silver Maple
3.0%
White Spruce
11.9%
Red Maple
32.6%
White Pine
2.2%
4.9
L
Hard Maple
23.5%
Figure 5. Mass of CO2 Diverted Per Species Since 2012
2.5 Tree Maintenance Program
Forestry staff in the Operations Department are responsible for the maintenance of trees
on streets, parks and open space areas. The Operations Department is currently
staffed with three full-time employees that are responsible for forestry duties. These
staff consist of a certified arborist/lead hand and two light equipment operators. During
the winter months these staff are also fully engaged with winter control activities. For
the summer months the forestry crew is typically supplemented by three students.
Common maintenance issues include, removal of dead trees, tree pruning, and stump
removal. The number of forestry work orders from 2015-2018 are as follows;
❑ 2015-935 work orders
❑ 2016-1047 work orders
❑ 2017-1175 work orders
❑ 2018 (to date) -942 work orders
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E-3
The number of work orders will continue to increase as existing trees age and additional
subdivisions are developed adding to the tree inventory on streets, parks and open
space areas.
The International Society of Arboriculture Ontario (ISAO) recommends minimum and
30/& MM DM W HW LURff 1Q/SlF�QQP DLWdCCCFHLSLXQQJ IRL
street trees. The Best Management Practices (BMP) recommends a tree be inspected
on a timeline based on its current age and condition (ranging from once every 1 (over
mature trees) to every 7 years (tree in the middle of its lifespan). ISAO also
recommends a 7 year (BMP) to 10 year (minimum) pruning cycle (prune the tree every
7 to 10 years) for street trees. This pruning cycle will result in healthier, more
structurally sound and longer lived street trees. If the average lifespan of a street tree
can be increased by even 10 years, it would reduce the annual tree planting program
costs by approximately 20% and ongoing maintenance significantly reduces the number
of service requests made each year. In addition, a more structurally sound tree is less
likely to be damaged in a storm, or cause damage to municipal and private property
(decreasing Municipal liability).
2.6 Benefits of Trees
Trees are a vital component of the urban landscape. They provide many important roles
within the Municipality of Clarington, including:
❑ Water conservation;
❑ Energy conservation;
o Reducing summer air temperature by providing
shade
o Reducing cold winter winds by acting as a wind
break
F Economic benefits;
o Increasing tourism values
o Increasing property values
o Increasing community profile
❑ Improving community health;
o Reducing air pollution
o Reducing harmful ultra -violet light exposure
o Reducing greenhouse gases
o Reducing soil erosion;
❑ Providing wildlife habitat; and
❑ Increasing the beauty of the urban landscape.
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Reinforces sense
of place and city
Identity
Improves
community
cohesion
Reducessun
exposure
Reduces flows
& nutrients
In stormwater
Reduces air
pollution
Provides shade
and cooling
Provides hablkat
and greater
biodiversity
Reconnects
children with
nature
Reclu€es heat
related Illnesses
Encourages
outdoor activity
'r^^moves mental
ellbeing
Enables energy
savings
Increases
property values
Enables health
savings
Avoids costs of
Infrastructure
damage
Assists In carbon
trading
Figure 6. Overview of the benefits provided by urban forests.
2.7 Current Forest and Tree Protection processes in Clarington
There are many pieces of legislation and processes that govern forest and tree
preservation. There is Provincial legislation, Environmental Assessments, Planning Act
Applications, and Environmental Impact Studies in addition to the Durham Region Tree
By-law and ❑GLUQJVRCff7LI H1% law. To fully understand tree preservation, provincial
legislation must be considered collectively ZL\KLII®ll VRQVLDQCEXLKDP V7lIFHlo_law.
Below is a brief outline of the many regulations that affect protection or cutting of trees
and woodlands. A number of pieces of legislation have been introduced or amended
Vl_CFH1a1GLUQJ\RQV'7LFHF1/o -law was enacted in 1997.
2.7.1 Municipal Tree By-laws
The Municipal Act, 2001 grants the authority to upper and lower tier municipalities to
enact a by-law to prohibit or regulate the destruction or injuring of trees and requires the
municipality to have regard to good forestry practices as defined in the Forestry Act. An
XSSHlA&UP XCfFISDWPVCDXVaRL%AtJ R11-I"Z RRGD03/-DVSfI LC HG1QV'9 LForestry Act that
are one hectare or more in area. The Municipal Act, 2001 further provides that the local
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municipality may not prohibit or regulate the destruction of trees in any woodlands
designated in the upper -tier by-law.
2.7.2 Durham Region Tree By-law
The Durham Region Trees By-law came into force on June 27, 2012, replacing an earlier
by-law. The Regional Tree By-/ DZ -1H OFWANH15 HJ LR NTFP P I]9 HC VW-SU;�L VWRUM�PoIG
areas and the natural environment. Through this by-law, Regional Council recognizes
that woodlands contribute to ecosystem health, human health, and our overall quality of
life.
The Regional Tree By-law applies to woodlands within the Region that are 1 hectare (2.5
acres) in size and greater. It does not apply to areas less than one hectare.
2.7.3 Clarington Tree By-law
❑( LUDJIRQVr7L H%d law 97-35 is twenty years old and applies to woodlands having an
area equal to 0.2 hectare or greater but less than 1 hectare south of Taunton Road. The
upper tier (Durham Region) Tree By-law applies to areas in excess of 1 hectare.
❑OLUDJ\RQVsize restriction was set in 1997 when the By-law was enacted. The
recommendation from staff had been 0.4 ha and Council reduced the size to 0.2 ha,
presumably at the request of delegations. The By -OZ VCSXISR\H-Z LRAFW
woodlands and not individual trees.
❑(mUOJIRQVr7L1 HiWAaw regulates woodlands between 0.2 ha and 1 ha in size; it does
not regulate individual trees. To reduce to an area under the 0.2 hectare or half an acre
size would render the By-law extremely cumbersome and require significant resources to
enforce.
2.7.4 Conservation Authority
There are some natural heritage features such as significant wetlands and significant
coastal wetlands where development and site alteration are not permitted. Typically
these policies are enforced by Conservation Authorities in concert with the local Ministry
of Natural Resources staff. In addition, the Conservation Authorities UP LC VAJ2 QUFXL1
Regulation of Development, Interference with Wetlands and Alteration to Shorelines and
Watercourses.
2.7.5 Environmental Assessments
Where a project has been approved by the Ministry of Environment and Climate Change
under the Environmental Assessment Act, the project can proceed as set out in the
Environmental Study Report, subject to the conditions imposed by the approval.
Therefore, projects such as the construction of Highway 407 and Highway 418, widening
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of Highway 401, and the Clarington Transformer Station, which have proceeded under
their Environmental Assessment Act approvals, are not subject to a municipal tree by-
law.
2.7.6 Planning Act
For projects proceeding under a Planning Act application there is a rigorous process for
the determination of natural heritage area protection and tree preservation. An applicant
attends a pre -consultation meeting where the need for various studies including
Environmental Impact Studies (EIS), are set out. A tree preservation plan is often a
requirement for a complete application; it is prepared in accordance with the EIS.
Environmental Impact Studies are a requirement used for all types of development
applications where the natural heritage system may be impacted. The natural heritage
system includes wetlands, woodlands, valley lands, and the Natural Core and Linkage
areas of the Oak Ridges Moraine (as set out in the Official Plan).
Clarington has good policies in our Official Plan to protect and enhance the natural
heritage system and its ecological integrity. The 1996 Official Plan established a new
standard for the protection of natural heritage features in Southern Ontario. The recently
amended 2 I I LFLDCB CD SWHJLFRQMCHAR-SLRAFWI ®IUQJ H_VI_\AhP ❑
from incompatible development. RZHYHl012 IILFLDCBCCSR YHFCRIILFUXURI=
teeth ❑that is there is no mechanism to enforce compliance without the other municipal
regulatory mechanisms being in place
2.7.8 Environmental Impact Studies
The Environmental Impact Studies that are prepared are reviewed by Conservation
Authority staff to determine the limits of protection which are then enforced through the
development agreement. Tree Preservation Plans are reviewed by Engineering
Services and approved by the Director. The Municipality also has the ability to require a
Peer Review of the Tree Preservation Plan where warranted.
2.7.9 Woodlands in Clarington.
Currently, there are some 1200 wooded areas between 0.2 and 1 hectare in Clarington
to which the by-law could apply (if the Tree By-law were amended to cover all of
Clarington, rather than just south of Taunton Road). However, many of these are
hedgerows in agricultural areas. The removal of hedgerows can be part of Normal Farm
Practices, and would be exempt from the Clarington Tree By-law.
To obtain a more accurate count of affected woodlands, staff isolated lands zoned
agriculture (a total of 935), which reduced the number of woodlands to 265. The
woodlands in valleylands or wetlands that are regulated by the Conservation Authorities
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were isolated from the count as well; leaving 94 woodlands between 0.2 and 1 ha that
the Municipality has jurisdiction over. Seven of these are in urban areas.
The 7 woodlands between 0.2 and 1 ha within urban areas, where the Municipality would
have jurisdiction, would also be subject to Planning Act application processes. Some
urban woodlands could be in jeopardy if an owner began to clear them, prior to an
application.
2.7.10 Compensation Plans
Clarington in concert with Durham Region and Conservation Authority staff require
compensation plans when woodlands have been cleared. The compensation plans are
funded by the land owner responsible for the destruction of the woodlands. Our policies
with regard to compensation plans should be better articulated in terms of what triggers
the need for compensation, how will it be measured and how will it be enforced.
3. STRATEGIC OBJECTIVES
The 0 XCgFLSDOMR 11110UIDJWQVmain objective is to manage the urban forest in a long-
term, sustainable manner. There are several areas of focus (strategic objectives) that
need to be addressed over the short-term to move the urban forest towards a long-term,
sustainable model of management. Each of the Strategic Objectives can be
categorized under one of the following six groups:
3.1 Tree Inventory and Assessment;
3.2 Management of Municipal Urban Forests;
3.3 Level of Service;
3.4 Customer Service / Service Delivery;
3.5 Tree Protection and Management; and
3.6 Urban Forest Health and Pest Management.
3.1 Tree Inventory and Assessment (Streets, Parks and Open Space Areas)
3.1 .1 Tree Inventory and Forest Canopy Assessment
The tree inventory is the basis of all long term planning and decision making for
urban forest management. Regular updates to the street tree inventory should
continue and resources should be directed to complete an inventory of the
individual trees in parks and open space areas.
Staff will investigate partnership opportunities with interest groups, schools,
conservation authorities, and private land owners to collect information on the
quantity and quality of trees and forests on private land through the use of
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satellite imagery, volunteer data collection and other data acquisition
opportunities.
3.1.2 Street and Park Tree Diversity Objectives
Diversification of the tree species within parks and on boulevards provides a
healthier, more robust tree inventory that is less prone to serious pest issues
(i.e. insects and diseases). Staff has been diversifying the street tree inventory
over the last decade. The long-term goal is to have all street tree species
occupy less than 10% of the overall total tree inventory.
3.1.3 Age Class Distribution Objectives
A diverse age distribution of trees within parks and on boulevards reduces
issues of peak year declines due to natural mortality. Due to the large
proportion of young trees as a result of subdivision expansion, there will be a
future issue with natural mortality and decline as these trees become mature
within the same decade. An analysis and future projection of growth, planting
and management as part of an Urban Forest Management Plan is
recommended to identify strategies to develop a more diverse -aged tree
inventory over the long-term.
3.2 Management of Municipal Forests
3.2.1 Forest Succession Plans
An Urban Forest Management Plan would include objectives and individual
forest succession plans for municipal owned forest in parks and open space
areas. Specifically, many forested areas, such as valleylands require
management to ensure the long-term sustainability of these lands.
Private tree plantings also contribute to the urban forest. In new subdivisions,
developers are required to provide new home owners with vouchers for an
additional tree beyond the street trees that are planted as part of the public
realm.
3.2.2 Non-native invasive species management
Non-native species are becoming more common in natural areas within the
Municipality. Dog -strangling vine, garlic mustard, etc. are serious problems that
will impact long term sustainability of forested lands. Staff will continue to
investigate partnerships, provincial and federal funding opportunities to identify,
map and address the problem caused by non-native invasive species.
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Staff have been working with Conservation Authority staff and volunteers on
invasive species projects including education and eradication. One example is
the work by the Courtice EcoProjects on phragmites eradication in the Black,
Harmony and Farewell Creek valleyland.
The Ontario Invasive Species Plant Council has a mapping tool on its website
that members of the public can use to report an invasive species sighting. In
addition they provide educational material and ongoing management
workshops, the Municipality has assisted by hosting the workshops jointly with
the Conservation Authorities.
3.2.3 Mapping of encroachments and education program for residents
Encroachments by adjacent landowners into municipal forests and valleylands
result in the destruction and/or degradation of natural areas. They also act as a
point source of non-native invasive species, and can have long-lasting impacts
to natural areas. Subdivision developers in Clarington are required to provide
education materials to new residents on the impacts of encroachments on the
natural environment.. Staff will investigate additional methods of providing
information to existing residents who live adjacent to natural areas.
3.3 Level of Service
3.3.1 Inspection Program
A systematic tree inspection program following the International Society of
Arboriculture (ISA) standards is a best practice for all tree maintenance
programs. Identification of tree issues early with follow-up maintenance can
increase the lifespan of a tree, significantly reduce risk of damage caused by
tree structural failures, and reduce the long term costs of management of tree
inventories. A regular system of inspection and reporting would be developed
for municipal street and park trees as part of a comprehensive Urban Forest
Management Plan.
3.3.2 Maintenance (Pruning) Cycle
Regular pruning of trees increases their health, longevity and significantly
reduce risk of damage caused by tree structural failures. It also acts to reduce
the number of service requests made by residents to report tree problems that
would not exist if the tree had been pruned regularly.
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Due to the Emerald Ash Borer infestation starting in 2014 municipal resources
have been concentrated on the removal of ash trees and staff are not able to
respond to less critical forestry tree requests. Only those forestry requests that
are considered an emergency will be performed on a priority basis.
Staff will review the pruning program towards the goal of achieving a regular
maintenance cycle of 7-10 years.
3.4 Customer Service / Service Delivery
3.4.1 Response Protocols
Staff will review the current process for receiving service requests through to
the completion of the tasks and tracking of work. This process will be reviewed
with the goal of reducing the timeline between receiving service requests and
final closing of the service request.
3.4.2 Public Education and Information Availability
Increase the opportunities for public education and outreach through
community partners, volunteer planting events, and involvement in
environmental community events and committees. Educating community
partners on the value of native species and the dangers of invasive species
could result in less long-term impact on natural areas.
A comprehensive review and update of the Urban Forestry information on the
website needs to be completed. GLIIQJVRQVZFEVMLand social media could
be a good avenue to provide information to the public.
Create public education opportunities on the benefits of protecting and
managing trees on private property. Trees on private properties provide
benefits to Clarington as a whole without any additional investment from the
municipality.
3.5 Tree Protection and Management
3.5.1 Private Tree By-law
In Clarington, as elsewhere in southern Ontario, much of the urban forest is
privately -owned. The condition and composition of the privately -owned
component of the urban forest is unknown, pest management, risk mitigation and
tree removal and planting decisions are outside the direct control of municipal
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urban forest managers. Tree by-laws regulating injury to and destruction of trees
on private property is one tool that some municipalities in Ontario have
implemented to try and ensure that trees considered significant in a municipality
are not removed without good reason. However, such by-laws can evoke strong
sentiment among some members of the community who feel that their private
property rights are being infringed upon.
Private tree by-laws are also tools that require dedicated staff resources to
administer and enforce. Issues surrounding private tree protection are more
prevalent in municipalities that have a greater percentage of mature urban areas.
In Clarington, we have many older established neighbourhoods with significant
tree cover, some of which is now reaching an age where it is prone to disease,
storm damage and death. IIX\AN-ISP DPRWRI 1t110IIQJVRQVXIEDQLR /in newer
residential development areas that have not reached the age where large mature
and over mature trees on private properties have become a significant recurring
issue.
Staff do not recommended that Clarington introduce a Private Tree By-law at this
time. Future updates to the Urban Forest Strategy and Tree By -Laws will
reassess the need for a Private Tree By-law as our urban areas mature.
3.5.2 Review _10UDJVRQWLFH_By-law
Staff will plan regular reviews to the existing Tree By-law on a 5 -year cycle to
ensure that changes to legislation, organization and relevance are kept up-to-
date DQG-FRP S(OP I -II -I-5 HJLRQVII/cF-- law which applies to woodland areas
over 1.0 hectare.
3.5.3 Formalize the review process for capital projects with tree impacts.
Staff will review the process in place for capital projects and recommend any
changes necessary to ensure the protection of trees on Municipal construction
projects.
3.5.4 Increase Oversight
Correct implementation of Tree Protection measures is the best practice for
providing tree protection. Training and any other tools or resources that are
made available for inspectors will increase the successful implementation of
tree protection standards and practices.
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Staff will research available training courses to provide the knowledge to
inspection staff that is critical in ensuring that tree protection is implemented on
construction sites.
3.6 Forest Health and Pest Management
3.6.1 Implementation of a Pest Preparedness Program
Staff will monitor current and future forest pests (insects and diseases) that may
have an impact on the urban forest. New pests, or changes to existing pests
will result in the need to develop a Pest Preparedness Program to ensure
Clarington stays ahead of impending issues.
3.6.2 Emerald Ash Borer Program
Staff will continue to address the impacts of emerald ash borer on our inventory
of ash trees. The program will be reviewed and adjusted to ensure the most
efficient and up-to-date information is used in decision making.
Figure 7. Emerald Ash Borer
3.6.3 Assessment of the Watering Program/Policy for newly planted trees
Staff will review and update the watering program for newly planted street trees
to ensure trees are properly cared for in the critical establishment phase of tree
planting. The majority of street trees in Clarington are planted by the
developers of subdivisions. Staff will investigate making Gator Bags, or similar
slow release watering systems, a requirement for new street tree planting
projects.
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3.6.4 Identification and planning for future forest health issues and climate change
Trees have a significant lifespan and staff must make decisions today that will
affect future generations. For example, the choice of tree species and location
in a park or on a boulevard can have affects for several decades into the future.
Staff will monitor and stay current on research and information available related
to future forest health issues, including climate change.
4. IMPLEMENTATION
Several objectives in the Urban Forest Strategy can be implemented immediately,
however complete implementation all strategic objectives will take longer as part of a
more comprehensive Urban Forest Management Plan. Input from the public and
relevant agencies will also be important in the development of an Urban Forest
Management Plan.
The majority of the strategic objectives outlined in this document were developed to
create operational efficiencies and/or reduce the long-term cost to the municipality to
deliver services while enhancing the benefits provided by the urban forest.
5. CONCLUSION
The Urban Forest is a vital piece of green infrastructure within the Municipality of
Clarington. It is important to the residents who live here. Urban forests play an
important role in health and quality of life, plus they provide many economic and social
values. Planning communities that incorporate urban trees and forests that are
accessible, well maintained and safe provides significant public health benefits.
Exposure to nature can create safe and comfortable conditions for vibrant, socially
connected communities. The Urban Forest Strategy is intended to enhance those
benefits over time without significant associated costs.
An increase in Urban Forest cover cannot simply be achieved by planting more trees.
Effective Urban Forest management requires ongoing commitment to managing trees in
all phases of their life -cycle, as well as strategic planning to bolster the resilience of the
Urban Forest against the numerous stressors it may be subjected to. The primary
objective should not be to simply meet a canopy cover target, but should be to steadily
improve the FRQ2IlRQ_RLLGUI0JUR8 Urban Forest through the implementation of the
strategic objectives identified in this Urban Forest Strategy.
Partnerships with the community, interest groups and other agencies are an important
component of many of the strategies proposed. However, another critical aspect of
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ensuring long-term forest sustainability is adaptive management. Consistent review and
adjustment of the Strategy will result in greater long-term forest health and
sustainability. This Urban Forest Strategy is intended to create the building blocks for
an Urban Forest Management Plan that will be adapted over time as new information,
issues, pests, etc. are discovered.
Perhaps the most contentious issue in Urban Forestry today is the protection of
individual trees on private property. Clarington has the option under the Municipal Act of
instituting a Private Tree By-law that would prohibit or regulate the destruction or injuring
of trees and require owners to obtain a permit to cut or injure any tree under municipal
jurisdiction.
Staff recommends not pursuing a Private Tree By-law at this time. A comprehensive
tree permit system would be expensive to administer and would be burdensome on
individual property owners. Also the Municipality currently does not have the staff
resources or adequate inventories of urban trees that would be protected through a
permit system. For woodlands larger than 0.2 hectare (half an acre) there are policies
and regulations in place to address tree clearing, enforcement is carried out in concert
with Durham Region and the Conservation Authorities.
The need for an individual tree permit system and the capability of staff to implement a
Private Tree By-law could change over time as our urban areas mature. Regular
reviews of our Tree By -Law will provide the opportunity to re -visit the issue in the future.
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/_1aa4LIIQKI_1
OVERVIEW OF CURRENT NATURAL HERITAGE CONDITIONS IN CLARINGTON
Given that the municipality is located in a part of Ontario where the landscape is highly
fragmented, all of the threats to natural heritage outlined in the previous section are
relevant to Clarington, and can partially be addressed through defining a natural heritage
system. A more specific look at the status of natural habitat in relation to land cover is
provided below. The statistics in this section are based on an Ecological Land
Classification system (ELC) and land cover mapping by CLOCA and GRCA. The ELC
and land cover mapping is based on 2008 colour air photography.
Figure 7 shows a pie chart depicting the relative cover of major habitat and land cover
types. For this analysis, Community Series level ELC types were lumped into the
broader categories of forest, wetland, meadow, beach bluff and open water. Forest
swamp has been depicted as a separate category as this functions as both forest and
wetland, and can be added to the total cover of either one. Detailed land cover
categories used by the Conservation Authorities have been grouped into agriculture/rural
and urban land cover.
6.1 Forest
The Municipality of Clarington covers 61,350 hectares. Of this area 29.3 percent can be
considered forest based on ELC forest when forest swamps are included. This figure is
slightly below the 30 percent forest cover guideline recommended as a minimum
(Environment Canada 2004). Although these guidelines were designed to address Great
Lakes Areas of Concern, they have been widely used for other landscapes because they
are science
.@ Mo
_:-T7r#&jrj� 1t. w t� 111 •
6.2 Wetland
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Environment Canada guideline suggests that greater than 10 percent of a landscape
should be wetland. However, the amount of wetland in a given area is based to a large
degree on soil types and precipitation patterns, therefore some regions may naturally
support more or less than this recommended target. A recent study (Ducks Unlimited
2010) notes that for Durham Region the pre
A -i i
Most of the wetland in Clarington is composed of forest swamp as would have likely
been the case historically. As such many of the conservation concerns described for
forest
zAt Central
Lake Ontario
Conservation
Member of Conservation Ontario
January 22, 2019
Mayor Foster and Members of Council
40 Temperance Street
Bowmanville, ON UC 3A6
Re: Request for Site Alteration Permit Fee Reduction
100 Whiting Avenue
Oshawa, Ontario
L1 H 3T3
Phone (905) 579-0411
Fax (905) 579-0994
Web: www.cloca.com
Email: mail@cloca.com
CLOCA IMS: LENC11
This letter is to formally request a fee reduction for a site alteration permit required for a CLOCA conservation
project.
In November 2017, the CLOCA Board endorsed the rehabilitation of an old abandoned aggregate pit within
the Enniskillen Conservation Area, known as the Storoshchuk pit (see attachment). Removal of sand and
gravel from this site by previous land owners has resulted in the creation of a steep, eroding bank that cannot
sustain vegetation.
Rehabilitation of the Storoshchuk pit will improve environmental conditions of the site, establish slope stability
and eliminate risks associated with the hazardous conditions and continuous erosion occurring at the site. The
completion of this restoration project will have positive ecological benefits which include improved vegetation
communities and habitat connectivity on site.
The approved rehabilitation plan involves the importation of approximately 50,000m3 of clean fill. We
anticipated receiving some revenue from the tipping fees. The revenue generated should cover the cost of
supplying and placing the fill and topsoil, road signage, grading, and restoration plantings. If any surplus
revenue is generated, it will be used towards conservation area projects/expenses within the Municipality of
Clarington. Given that this is a conservation project that will also benefit Clarington, I am requesting that the
fee component of $1/m3 be waived and the total permit fee be a flat fee of $1,000.
Thank you for your consideration
Yours truly
�3z Ak--J
Chris Darling
Chief Administrative Officer
CD/ms
Attach.
Healthy watersheds for today and tomorrow. ,
a
Central Lake Ontario Conservation
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S:\LAND\Enniskillen\Storoshchuk\January 22 2019_Municipality of Clarington_Foster and Council.docx
The Regional
Municipality
of Durham
Corporate Services
Department
Legislative Services
605 Rossland Rd. E.
Level t
PO Box 623
Whitby, ON LiN 6A3
Canada
905-668-7711
1-800-372-1102
Fax: 905-668-9963
durham.ca
Don Beaton, BCom, M.P.A.
Commissioner of Corporate
Services
February 1, 2019
The Honourable Rod Phillips
Minister of the Environment, Conservation and Parks
11th Floor, Ferguson Block
77 Wellesley Street West
Toronto ON M7A 2T5
Dear Minister Phillips:
RE: Durham Region Comments on the "Preserving and
Protecting our Environment for Future Generations A Made -
in -Ontario Environment Plan" (2019 -COW -5)
Our File: D04
Council of the Region of Durham, at a meeting held on January 30, 2019,
adopted the following recommendations of the Committee of the Whole:
"A) That Report #2019 -COW -5 of the Chief Administrative Officer be
submitted to the Provincial government in response to Preserving
and Protecting our Environment for Future Generations: a made -
in -Ontario Environment Plan; and
B) That a copy of Report #2019 -COW -5 be forwarded to Durham
MPPs and area municipalities for their information."
Please find enclosed a copy of Report #2019 -COW -5 of the Chief
Administrative Officer.
Ralph Walton,
Regional Clerk/Director of Legislative Services
RW/np
Attach.
c: Rod Phillips. MPP (Ajax/Pickering)
Lorne Coe, MPP (Whitby/Oshawa)
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 2097.
100% Post Consumer
■
DURHAM
REGION
The Regional
Municipality
of Durham
Corporate Services
Department
Legislative Services
605 Rossland Rd. E.
Level t
PO Box 623
Whitby, ON LiN 6A3
Canada
905-668-7711
1-800-372-1102
Fax: 905-668-9963
durham.ca
Don Beaton, BCom, M.P.A.
Commissioner of Corporate
Services
February 1, 2019
The Honourable Rod Phillips
Minister of the Environment, Conservation and Parks
11th Floor, Ferguson Block
77 Wellesley Street West
Toronto ON M7A 2T5
Dear Minister Phillips:
RE: Durham Region Comments on the "Preserving and
Protecting our Environment for Future Generations A Made -
in -Ontario Environment Plan" (2019 -COW -5)
Our File: D04
Council of the Region of Durham, at a meeting held on January 30, 2019,
adopted the following recommendations of the Committee of the Whole:
"A) That Report #2019 -COW -5 of the Chief Administrative Officer be
submitted to the Provincial government in response to Preserving
and Protecting our Environment for Future Generations: a made -
in -Ontario Environment Plan; and
B) That a copy of Report #2019 -COW -5 be forwarded to Durham
MPPs and area municipalities for their information."
Please find enclosed a copy of Report #2019 -COW -5 of the Chief
Administrative Officer.
Ralph Walton,
Regional Clerk/Director of Legislative Services
RW/np
Attach.
c: Rod Phillips. MPP (Ajax/Pickering)
Lorne Coe, MPP (Whitby/Oshawa)
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 2097.
100% Post Consumer
Page 2
Lindsey Park, MPP (Durham)
Jennifer French, MPP (Oshawa)
Laurie Scott, MPP (Haliburton/Kawartha Lakes/Brock)
Peter Bethlenfalvy, MPP (Pickering/Uxbridge)
David Piccini, MPP (Northumberland -Peterborough South)
N. Cooper, Director of Legislative Services & Information/Clerk,
Town of Ajax
A. Greentree, Clerk, Municipality of Clarington
S. Cassel, City Clerk, City of Pickering
D. Leroux, Clerk, Township of Uxbridge
T. Gettinby, CAO/Clerk, Township of Brock
A. Brouwer, Clerk, City of Oshawa
J.P. Newman, Director of Corporate Services/Clerk, Township of
Scugog
C. Harris, Clerk, Town of Whitby
E. Baxter-Trahair, Chief Administrative Officer
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 2097.
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2103
The Regional Municipality of Durham
Report
To: Committee of the Whole
From: Chief Administrative Officer
Report: #2019 -COW -5
Date: January 16, 2019
Subject:
Durham Region Comments on the "Preserving and Protecting our Environment for Future
Generations A Made -in -Ontario Environment Plan"
Recommendation:
That the Committee of the Whole recommend to Regional Council:
A) That this report be submitted to the Provincial government in response to Preserving
and Protecting our Environment for Future Generations: a made -in -Ontario
Environment Plan.
B) That a copy of this report be forwarded to Durham MPPs and area municipalities for
their information.
Report:
Purpose
1.1 On November 29, 2018 the Ontario Minister of Environment, Conservation and
Parks, Rod Phillips, released Preserving and Protecting our Environment for
Future Generations: A Made -in -Ontario Environmental Plan and provided a 60 -
day period for review and comment. The Plan was posted on the Environmental
Bill of Rights Registry as ERO# 013-4208.
1.2 This report:
a. Summarizes the key elements of the Preserving and Protecting our
Environment for Future Generations A Made -in -Ontario Environment Plan;
b. Outlines comments and areas of concern related to the Plan; and
C. Provides recommendations to the Province to mitigate concerns and improve
the plan.
104
Report #2019 -COW -5
2. Background
Paae 2 of 15
2.1 The 2018 Made -in -Ontario Environment Plan (the Plan) is intended to be the
Provincial Government's replacement for the previous government's Ontario
Climate Action Plan. The Plan is more broadly focused on "environment"
compared to the previous plan, which contained measures directed at mitigating
climate change and reducing greenhouse gas emissions.
3. Features of the 2018 Environmental Plan
3.1 The Plan outlines the provincial government's approach to environmental issues
under four main headings:
1) Protecting Ontario's air and water;
2) Addressing climate change;
3) Reducing waste and litter and;
4) Conserving land and greenspace (p.4).
3.2 Three principles guide the plan:
1) Clear rules and enforcement;
2) Trust and transparency and;
3) Resilient communities and local solutions (p.8).
x While these guiding principles are important, the Plan lacks detail on tangible
actions that the Province will take to enact these principles. For example,
with respect to the principle of Clear Rules and Strong Enforcement, the Plan
does not outline how the Province will hold polluters accountable or who will
be responsible for enforcement. The Plan is also unclear on how new
regulatory burdens will be funded and how the effectiveness of new
environmental regulations will be measured.
x Regarding the guiding principle of Trust and Transparency, the Plan offers
few tools to help Ontarians understand the gravity of the challenges ahead
due to climate change. Ontario residents should be informed that climate
change impacts will continue to intensify. This is essential so that citizens,
communities and governments can make informed decisions to adapt to and
mitigate climate change to avoid climate -related disasters and social
disruption.
x The Region of Durham supports the Resilient Communities and Local
Solutions principle focusing on working with communities to develop unique
solutions to area -specific environmental challenges. However, some of our
environmental challenges require a large-scale coordinated effort. There is
no mention in the Plan of provincial funding to support local solutions to
environmental challenges. Municipalities will not be able to fund local
solutions from their tax bases.
105
Report #2019 -COW -5 Page 3 of 15
x A significant gap in the Plan is a strong Provincial commitment to lead and
take tangible actions across Ontario to mitigate and prepare for climate
change.
Clean Air
3.3 The Plan proposes to protect the air by ensuring that Ontario has strong
environmental standards that safeguard human health and the environment. The
Plan would implement measures to enforce air quality standards in four areas
including:
1) Improve air quality in communities by creating unique solutions to their
individual challenges;
2) Reduce emissions from heavy-duty vehicles;
3) Improve understanding of different sources of air pollution and their
impact;
4) Strengthen collaboration on addressing air pollution that comes from
outside of Ontario's borders (p.10).
x The Region supports the Plan's proposal to protect clean air. However,
addressing air quality issues benefits all of Ontario and surrounding
jurisdictions. Therefore, protecting air quality should be a province -wide
effort, in addition to working in areas currently experiencing air quality issues.
x More detail is needed to understand the impact that redesigning an
emissions testing program for heavy-duty vehicles would have on public
transit operations. While public transit vehicles may emit more pollutants
than passenger vehicles, when public transit is used in place of passenger
vehicles, the number of vehicles on the road declines, thereby reducing the
overall air contaminants and greenhouse gas emissions caused by internal
combustion engines. On -road enforcement of emissions standards, as
recommended by the Plan, could disrupt transit service and be
counterproductive in lowering overall vehicle emissions.
x Ontario's environmental plan should be proactive in its effort to safeguard
clean air. Monitoring pollutants in the air is insufficient to safeguard and
improve air quality. Clear vehicle and industrial emissions standards and
monitoring and enforcement mechanisms need to be established and funded
to maintain high air quality and protect health and wellbeing.
Clean Water
3.4 The Plan proposes to conserve and manage Ontario's water resources by taking
enforcement actions to protect Ontario's waters and keep beaches clean for
swimming, recreation, enjoyment, and traditional use. These measures include:
1) Continue to work to restore and protect the Great Lakes;
2) Continue to protect and identify vulnerable waterways and inland waters;
106
Report #2019 -COW -5 Page 4 of 15
3) Ensure sustainable water use and water security for future generations;
4) Help people conserve water and save money and;
5) Improve municipal wastewater and storm water management and
reporting (p.11-15).
x The Region of Durham supports water conservation as a priority of the Plan.
Several Durham municipalities border Lake Ontario. Most of the drinking
water for Durham's southern municipalities comes from Lake Ontario.
Therefore, it is critical that the health of Lake Ontario is maintained and
restored.
x Durham Municipalities have practical experience related to water
conservation and efficiency. It is recommended that the Province work
collaboratively with municipalities to expand and enhance successful
actions and programs already in place to reduce water costs at the
municipal and individual levels.
x Climate change will have a significant impact on stormwater management in
Durham Region. It is recommended that provincial stormwater financing
ensure that stormwater infrastructure can meet the demands placed on
the stormwater management systems by extreme precipitation and
unpredictable seasonal meltwater runoff.
4. Addressing Climate Change
Building Resilience: Helping Families and Communities Prepare
4.1 The Plan proposes to prepare families and communities for the costs and impacts
of climate change, and protect the natural environment, communities, businesses
and municipalities by:
1) Improving our understanding of how climate change will impact Ontario;
2) Helping Ontarians understand the impacts of climate change; and
3) Updating government policies and building partnerships to improve local
climate resilience (p.16-21).
The Region is pleased that the Plan acknowledges that climate change is a
real threat to the wellbeing of the environment and Ontarians, and supports
an initiative to help Ontarians better understand how climate change will
impact them. A provincial analysis of climate impacts and vulnerabilities
is needed. It is recommended that this information be made available
and explained at a local level, so it can be factored into municipal and
regional decision-making to support community solutions.
x It is recommended that local energy utilities share energy consumption
information with municipalities who are preparing community energy
and adaptation plans that support their transition to clean energy and
107
Report #2019 -COW -5 Page 5 of 15
climate change adaptation measures.
x Te Region supports the Plan's proposal to unlock private capital to give
Ontario business and residents more ways to invest in energy efficiency.
One way to achieve this is to employ province -wide financing mechanisms
such as green bonds and/or local improvement charges (LICs) to support
municipalities in implementation of community energy plans.
x Modernizing the building code and retrofitting existing homes is essential to
protect residents from the extreme weather associated with climate change.
When consulting on tax policy options to support homeowners in
adopting measures to protect their homes against extreme weather
events, as suggested in the Plan, the Region recommends that the
Province review and amend provincial tax policies, rather than
municipal property tax policies. Municipalities in Durham Region are
working hard to address climate change with limited financial resources.
Financial support from the Province is essential to implement climate
adaptation measures and increase climate resilience.
x The Region supports the development of "better technology" to generate and
store energy. While energy storage is important, it needs to be implemented
in conjunction with clean energy generation and energy-efficient homes,
industries and transportation.
x Further information is needed on how the Province will assist municipalities
to increase the resiliency of infrastructure. Revisions to land use planning
only applies to areas that are being developed. Greater emphasis needs to
be placed on retrofitting existing housing stock and upgrading existent
infrastructure.
Continuing to Do Our Share: Achieving the Paris Agreement Target
4.2 The Plan aims to set an achievable GHG reduction target to focus efforts and
provide a benchmark to assess progress by aligning Ontario with Canada's 2030
target under the Paris Agreement. The Plan outlines several measures Ontario
will take to achieve its 2030 emission reduction target including:
1) Promoting Low Carbon Vehicles, primarily referring to electric vehicle (EV)
adoption, and expanding the use of compressed natural gas in trucking;
2) Increasing industry performance standards;
3) Adopting clean fuels, principally by increasing ethanol content of gasoline
to 15% as early as 2025, and encourage uptake of renewable natural gas
and other lower carbon fuels;
4) Encouraging a federal clean fuel standard, that could lead to expanded
use of low -carbon fuels;
5) Promoting natural gas conservation though the gradual expansion of
programs delivered by energy utilities;
Report #2019 -COW -5 Page 6 of 15
6) creating an Ontario Carbon Trust;
7) implementing `other policies' that promote investing in public transit,
increased diversion of food and organic waste from landfills; and
8) Supporting innovation that has the potential to make advancements in
energy storage and cost-effective fuel switching (p.21-25).
x The Region supports the Plan's proposed measures to reduce greenhouse
gases (GHGs) but feels that it does not adequately address the need to
reduce GHGs to mitigate climate change. The previous Ontario Climate
Change Action Plan 2016 — 2020 established GHG reduction targets (from a
1990 base year) of: -15% by 2020, -37% by 2030 and -80% by 2050 from
2005 levels. The new Plan cites only a target of 30% reduction by 2030 (from
a 2005 base year). The Plan does not mention 2050 or longer-term targets.
x The Plan does not support Durham Region's commitment to reduce GHGs -
5% by 2015, -20% by 2020 and -80% by 2050 (from a 2007 base year) as
outlined in the Council -endorsed Durham Local Action Plan (2012).
x While it is understandable that Ontario would try to align with the Canadian
federal target, the federal government has acknowledged that its present
target is insufficient to ensure Canada does its share to limit global
temperature increases to below two degrees Celsius. Two degrees of global
warming has been established by the international scientific community as
the limit to global warming needed to avoid catastrophic impacts of climate
change. The Region recommends that the Plan set more ambitious
targets to mitigate the risks to public health and infrastructure
associated with climate change.
x In support of the trust and transparency principle, the Region also
recommends that the Province demonstrate how the planned actions
will meet GHG reduction targets using empirical data. This should
include clear descriptions of the data and modeling assumptions used
to develop the GHG reduction strategy. The Plan's GHG reduction
strategy should also include a description of the methodology and
reporting mechanisms that will be used to track and report on GHG
reductions.
Make Polluters Accountable
4.3 The Plan proposes to make polluters pay for their share of GHG emissions, while
ensuring industry continues to make advances to help Ontario emission
reductions. The Plan recommends: Implementing emissions performance
standards for large emitters including requirements to demonstrate compliance on
a regular basis (p.25-26).
x The Region agrees that polluters should be held accountable for their
GHG emissions, but cautions that the public should not be burdened
109
Report #2019 -COW -5
Paae 7 of 15
by emissions regulations on essential services. Large wastewater,
energy -from -waste facilities, and public transit, owned by municipalities,
should be either phased into or exempt from GHG emissions regulations
because they provide essential public services and respond to growth. More
information is needed regarding how GHG emissions thresholds will be
established and how they will contribute to achieving the provincial GHG
reduction targets.
x The Plan states that the Province will be permitted to grant "across the board
exceptions" to allow some for industries to continue to emit GHGs. The
Region recommends that the Plan include greater transparency around
the criteria that will be used to grant pollution exemptions to industries.
Activate the Private Sector
4.4 The Plan proposes to "facilitate the private sector's best projects and ideas to
drive emission reductions at the lowest cost to taxpayers" and "enable consistent
disclosure about financial risks associated with climate change so that companies
can provide information to investors, lenders insurers and stakeholders" (p.27). To
do this the Ontario government will:
1) Launch an emission reduction fund — The Ontario Carbon Trust — and a
reverse auction to encourage private investment in clean technology
solutions. This will include a commitment of $400M over four years to
complement penalties paid into the Ontario Carbon Trust by polluters.
$350M of this funding will be applied to an emission reduction fund, using
public funds to leverage private investment in commercially viable clean
technologies. $50M will be used to launch an Ontario Reverse Auction,
allowing bidders to submit proposals for emissions reduction projects
based on lowest cost greenhouse gas emissions reductions;
2) Enhance corporate disclosure and information sharing related to climate
actions; and
3) Encourage private investments in clean technologies and green
infrastructure (p.27-30).
x The Plan proposes to respond to pollution after it has already taken place,
rather than providing incentives that encourage the private sector to avoid
emissions in the first place.
x The Region recommends, as part of the proposed Ontario Carbon
Trust, that funds levied from polluters and invested by the private
sector should be used to encourage private industry to adopt
technologies that are less polluting. More clarity is required with respect
to whether municipalities and/or municipal bodies are eligible for funding
under proposed Reverse Auction — e.g. conversion of fleets/transit vehicles
to clean fuels.
110
Report #2019 -COW -5
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x The Region agrees that enhanced corporate disclosure and information
sharing will help the private sector understand and perhaps reduce their
environmental impact. If municipalities are asked to participate there should
be no added administrate burdens. Municipalities in Durham Region already
comply with stringent reporting and disclosure requirements and are leading
in terms of supporting a circular economy and low -carbon investments in
infrastructure and asset management planning.
x The Region agrees that private investment in clean technologies and green
infrastructure is a valuable approach to achieve GHG reductions and
increased environmental wellbeing. Green Bonds are an effective approach
to garner private investment. More information is needed about criteria that
will govern access to funds made available through green bonds. Other
investment mechanisms should be explored including green microfinance
loans.
Use Energy and Resources Wisely
4.5 The Plan emphasizes a need to save energy, resources and money. It outlines
several strategies intended to:
1) Conserve energy in homes and buildings to cut costs and reduce
emissions; and
2) Increase access to clean and affordable energy for families (p.31-34).
x The Region agrees that it is important to use energy and resources wisely
and save residents of Durham Region money. Increasing the accessibility of
information about energy efficiency and water consumption will allow
households, businesses and governments understand their impact.
x As noted in the Plan, one of the largest consumers of energy is the
transportation sector. The Province provide incentives to assist
Ontarians to transition to less energy intensive, less polluting modes of
transportation like public transit, electric, hydrogen, propane,
autonomous and other low -carbon vehicles. The Province could also
help to establish infrastructure for these alternate modes of
transportation. Improving rules and removing regulatory barriers that
block private investors from deploying low -carbon refueling
infrastructure will help increase the uptake of electric, hydrogen,
propane, autonomous and other low -carbon vehicles without
government subsidies.
x The Region recommends that the Province support municipal fleets,
such as transit agencies, convert to clean, energy efficient alternatives
by providing incentives that make alternatives more affordable.
x The Region does not support the revision of municipal tax policy as a
111
Report #2019 -COW -5 Page 9 of 15
mechanism for homeowners to access funds to increase the energy
efficiency of their homes. Rather, utilities, which benefit from conservation
in terms of deferred capital, are the entity which could apply on -bill capital
financing for home retrofit projects.
Doing Our Part: Government Leadership
4.6 The Plan promotes local leadership on climate change by municipal governments,
the broader public sector, business associations, community groups, Indigenous
communities and voluntary organizations. Several actions include:
1) Make climate change a cross -government priority and develop a Climate
Change Governance Framework;
2) Empower effective local leadership on climate change;
3) Improve public transportation to expand commuter choices; and
4) Support communities and support green infrastructure projects (p.35-38).
x The Region agrees that there needs to be multi -stakeholder leadership to
mitigate climate change and help Durham residents adapt to impending
future climate reality. The Region has already taken a leadership role by
creating the Durham Local Action Plan (2012), The Durham Community
Climate Adaption Plan (2017) and the Draft Durham Community Energy
Plan (2018). Provincial funding to help implement the programs
outlined in these plans would assist the Region of Durham in making a
significant contribution to preserving our environment and adapting to
climate change. The Province could work with municipalities to fund the
development and implementation of local clean energy, climate adaptation
and climate mitigation plans.
x Te Region of Durham agrees that improving public transit should be a
priority moving forward. The Region recommends that the Plan consider
expanding electronic navigation tools (like triplinx.ca) and increasing
fare incentives (like co -fare, monthly passes, PRESTO) so residents
can save money and are incentivized to reduce their personal vehicle
travel. To advance transit in Durham Region, it is essential that the
federal and provincial governments honor previous funding
commitments to Durham Region under the Investing in Canada
Infrastructure Program — Public Transit Stream.
x The Region supports expanding the GO rail network as an alternative to
passenger vehicles for commuters. The Region seeks confirmation of the
Province's decision to invest in the GO Lakeshore East rail extension
to Bowmanville by 2024. The Region also continues to seek support for
the expansion of Highway 2 bus rapid transit and Simcoe Street bus
rapid transit.
112
Report #2019 -COW -5 Page 10 of 15
5. Reducing Litter and Waste in Our Communities & Keeping Our Land and
Soil Clean
5.1 The Plan proposes to keep land and water clean by taking strong enforcement
action that ensures waste, including hazardous waste, is properly stored,
transported, recycled, recovered or disposed. The provincial government is
considering ways to reduce the amount of waste going to landfills or becoming
litter, increase opportunities for Ontarians to participate in efforts to reduce waste,
increase opportunities to use technologies, such as thermal treatment, to recover
valuable resources in waste, manage excess soil and hauled sewage and
redevelop brownfield sites to better protect human health and the environment
(p.39).
Reduce Litter and Waste
5.2 The Plan recommends doing more to reduce the amount of waste produced,
recover valuable resources from our waste, and better manage organics. Several
actions to do this include:
1) Reduce and divert food and organic waste from households and
businesses by expanding green bin collection systems in large cities,
developing a proposal to ban food waste from landfills and creating best
practices for safe food donations;
2) Reduce plastic waste by working with other provinces, territories, and the
federal government to limit the amount of plastic in lakes and rivers, and
seeking a federal commitment to implement national standards that
address recyclability and labelling for plastic products and packaging to
reduce the cost of recycling in Ontario;
3) Reducing litter in our neighborhoods and parks by establishing an official
day focused on cleanup of litter in Ontario;
4) Increase opportunities for Ontarians to participate in waste reduction
efforts which could include attaining greater province -wide consistency
regarding what is accepted in the Blue Box Program;
5) Make producers responsible for the waste generated from their products
and packaging;
6) Explore opportunities to recover the value of resources in waste;
7) Provide clear rules for compostable products and packaging; and
8) Support competitive and sustainable end -markets for Ontario's
waste(p.39-44).
x The Region of Durham supports the reduction of litter and waste. However,
most of the municipalities in the GTA, including Durham, already have
organic waste (green bin) and a recycling (blue box) collection programs.
More emphasis could be placed on proactively preventing waste. For
example, the Province could ban companies from using non -biodegradable
single -use containers and lids, micro -plastics and plastic bags.
113
Report #2019 -COW -5
Clean Soil
Paae 11 of 15
x More clarification is needed on the Plan's recommendation to develop a
proposal to ban food waste from landfill sites and whether the Province
supports the existing Food and Organic Waste Policy Framework, timelines
and objectives. The limited information in the Plan creates uncertainty at a
time when municipalities face significant capital investment to achieve the
targets set by the current plan. Pressure should be applied to the industrial,
commercial, and institutional (ICI) sector to contribute to reducing waste.
x More information is also needed regarding how the Plan will deal with
Ontario's existing waste -to -energy facilities, including the Durham York
Energy Centre, which turn post -diversion residual waste into energy and
metals recovery by-products.
x Furthermore, reduction of litter has been overrepresented in the Plan. While
unsightly, litter has a relatively small negative impact on the health of the
economy, environment and people when compared to climate change and
industrial waste.
5.3 The Plan recommends that contaminated soils are "cleaned up and properly
managed through clear rules and standards, particularly as it relates to extra soil
from construction projects". Action to achieve this are:
1) Increase redevelopment and clean-up of contaminated lands in Ontario to
put land back into good use;
2) Make it easier and safer to reuse excess soil;
3) Improve management of hauled sewage (p.44).
x The Region supports the need for contaminated soil to be cleaned up and
managed through clear rules and standards. However, soil from
decommissioned industrial areas and gas stations should take greater
precedence over new construction projects.
x ITe Plan should acknowledge that prevention is the least expensive solution
to contaminated soils. The Region recommends that the Province
implement measures/regulations into the Plan to minimize soil
contamination.
x f hew regulations increase hauling of excess soils on regional roads, there
should be a mechanism for the Region to collect fees or royalties from the
operators to offset impacts to regional roads and services, like those
provided through the Aggregate Resources Act.
x If responsibilities for managing contaminated soils are delegated to
municipalities or conservation authorities, provincial funding sufficient to
support this activity and the associated liability will be required.
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x The Region is concerned that revising the brownfield regulations to "reduce
barriers" will lower standards and reduce oversight. More detail is needed
about the Province's new standard for beneficial reuse of soil. For example,
reusing/dumping contaminated soil into a gravel pit to "rehabilitate" it could
be damaging to the receiving municipalities.
x More information is needed to understand who will pay for increased
enforcement on illegal dumping of contaminated excess soil. Municipalities
lack funding to expand law enforcement. Greater emphasis should be placed
on preventing dumping of contaminated soil rather than enforcement after
the fact.
x The Province has been considering new approaches for hauled sewage
(specifically from septic tank cleaning) since about 2004. A strategy has
never been finalized. Local sewage treatment plants do not have the
capacity to treat the sewage, especially in smaller rural communities. The
concentration of the hauled sewage is much stronger than sewage that is
treated in a piped municipal system. The sewage plants are not set up for it
and the receiving water bodies don't usually have sufficient assimilative
capacity to absorb the effluent without damage.
x While the Plan notes support for the chemical and thermal treatment of solid
waste, there is no mention of development of a digestate or compost
standard to enable the reuse and/or marketing of these byproducts from
anaerobic digestion or composting. The Plan should be expanded to address
this gap.
6. Conserving Land and Green Space
6.1 The Plan recommends several courses of action to protect and enhance the
province's natural areas, support conservation efforts, continue to conserve
species at risk, develop adaptation strategies, and promote the importance of
healthy natural spaces for future generations to use and enjoy including:
1) Improve the resilience of natural ecosystems;
2) Support conservation and environmental planning;
3) Promote parks and increase recreational opportunities;
4) Sustainable Forest Management; and
5) Protect species at risk and respond to invasive species (p.46-51).
x The Region of Durham supports the Plan's ambitions to protect and enhance
the Province's natural areas, support conservation efforts, conserve species
at risk, develop climate adaptation strategies, and promote the importance of
healthy natural spaces. The natural ecosystems within Durham Region
provide essential ecosystem services to our residents and are important
recreation areas. Some of most significant natural heritage spaces that are
essential to the wellbeing of residents in Durham Region are the Lake
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Ontario Shoreline, Oak Ridges Moraine, the Greenbelt, Lake Simcoe and
Lake Scugog.
x The Region recommends that the Plan include measures that protect
natural heritage from the impacts of climate change. In Durham Region
the climate will be warmer, wetter and experience larger and more frequent
storms. Actions should also include contingencies for drought, ice storms
and extreme heat.
x In its efforts to support conservation and environmental planning, the Plan
should allow Conservation Authorities to enact their mandates, enabling
them to deploy their financial and human resources as effectively as
possible.
x If the environmental assessment system is modernized, as the Plan
suggests, the Province should mandate provincial environmental
assessments for nuclear plant development and decommissioning in
coordination with the federal process to protect environmental components
under provincial jurisdiction.
x Further information is needed around the protection of vulnerable or sensitive
natural areas such as wetlands and other important habitats, including how
they will be protected and how progress will be measured.
x Durham agrees that provincial parks should be maintained and protected.
The Plan should consider preservation in provincial parks to exclude project
development that interferes with natural systems. The Plan should also
include strategies for forest fire protection, planning and prevention, species
protection and the climate change mitigation and adaptation.
7. Next Steps
7.1 Over the next several months the Province will work to finalize their environment
actions for Ontario. This will include:
1) Continue to consult with the public and engage with Indigenous
communities;
2) Establishing an advisory panel on climate change;
3) Implementing priority initiatives and
4) Measuring and reporting on progress (p.52-53).
x The Regional supports the Plan's intention to continue to consult with the
public and Indigenous communities. The Region recommends that
municipalities also be consulted, and that the findings of the
consultations be integrated into the Plan and applied to program
development and implementation.
x More information is needed about how initiatives in the Plan will be
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prioritized, how progress will be measured, and what mechanisms will be
employed to ensure transparent reporting.
8. Conclusions and Next Steps
8.1 The Made -in -Ontario Environment Plan (2018) is intended to replace the previous
government's Climate Change Action Plan (2016). The previous plan was
financed by Cap and Trade Program revenues, which in 2018 provided $1.8
billion to support a wide range of climate programs. Over a four-year period (with
a slightly declining emissions cap), this funding would have been about $8 billion.
The current proposed Plan commits approximately $0.4 billion over four -years,
effectively reducing provincial financial support for climate mitigation by about
95%.
8.2 The previous Climate Change Action Plan addressed all sectors of the economy
(transportation, buildings and homes, industry and business, land -use planning
and agriculture) with targeted programs and substantial financial incentives for
action to reduce emissions. The current proposed Plan focuses on the industrial
sector through the Ontario Carbon Trust and reverse auction. The industrial sector
is responsible for about 30% of provincial GHG emissions.
8.3 The Plan does not specifically address the transportation sector, which is
responsible for about 38% of GHG emissions. It does not include programs to
encourage EV adoption or otherwise reduce pollution from internal combustion
engines.
8.4 The Plan omits many of the residential and buildings sector programs and
efficiency incentives that were in the previous plan.
8.5 There are no programs or incentives in the Plan to encourage municipalities to
conserve energy in their operations, assist communities in increasing energy
efficiency, reduce GHG emissions or move toward a low -carbon economy.
8.6 The Plan includes a list of previous accomplishments, programs of others (e.g.
federal fuel regulation and municipal waste management), existing provincial
initiatives and some potential new initiatives. In general, there are few specific,
measurable, achievable, resourced or timebound metrics that would generally
guide an implementable plan. Where partners are mentioned, specifics are not
provided on who needs to be engaged, or timelines or the format of consultation.
8.7 Climate change is an urgent issue. The Plan could place a much stronger
emphasis on a province -wide focus on reducing carbon, particularly from the
industrial, transportation and building sectors to help mitigate and adapt to climate
change. The Region will provide links to the Durham Community Climate
Adaptation Plan to illustrate work underway.
8.8 The Region is concerned about the focus on dealing with pollution and
contamination after it happens (through enforcement and fines) rather than a
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more economical preventative approach.
Paae 15 of 15
8.9 A lack of detail on local solutions to sustainability and enforcement mechanisms
raises concerns over the potential downloading of costs and responsibilities to
municipalities
8.10 The report was prepared in consultation with Corporate Services, the Office of the
CAO, Finance, Planning and Economic Development and Works departments.
Prepared by: Doran Hoge - Climate Change Programs Coordinator, Office of the CAO
Recommended for Presentation to Committee
Original Signed By:
Elaine Baxter-Trahair
Chief Administrative Officer
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