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Home My WebLink About01/16/1995 MUNICIPALITY OF EL �arington ONTARIO EL COUNCIL AGENDA DATE: JANUARY 16, 1995 TIME: 7 : 00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL MINUTES Minutes of a regular meeting of Council held on December 12, 1994 . PRESENTATION Lennis Trotter, Co-Chairman and Tim Calhoun, Firefighter - Kids, Safety Village of Durham Region. DELEGATIONS 1 . Harold Hammond, Trinity United Church, 116 Church Street, Bowmanville - Parking; x 2 . Bob Schickedanz, 3311 Bayview Avenue, Suite 105, Willowdale, M2K 1G4 - Report PD-1-94; 3 . Robert Cowle, 2682 Prestonvale Road, Courtice - Snow Clearing on Municipal Sidewalks; 4 . Hugh Neill, 2111 Prestonvale Road, Courtice, LIE 2S2 - Prestonvale Road Traffic; and 5 . John Veldhuis, P.O. Box 16, Hampton, LOB 1JO - CLG Update. COMMUNICATIONS Receive for Information I - 1 Municipal Alert received from the Association of Municipalities of Ontario - Looking Back: AMO Policy Achievements in 1994 - Looking Ahead: AMO Policy Work Plan for 1995; I - 2 Correspondence received from Ernie Handeman, Chairman, Rural Section, (ROMA) - Nominations - Rural Section Executive Committee Annual Meeting, February 5 - 8 , 1995; CORPORATION OF THE MUNICIPALITY OF CLARINGTON a u , k M I i H A N G F S f HEET • HOWMANVILLE •ONTARIO • L1C 3A6 • (905) 623 3379 - f AX 67;1 4169 Council Agenda - 2 - January 16, 1995 ' COMMUNICATIONS I - 3 Correspondence received from Ed Philip, Minister, ' Ministry of Municipal Affairs - Restructuring Strategy; I - 4 Correspondence received from Paul C. Coleman, Division Manager, Rogers Cable T.V. Limited - Canadian Specialty Networks; - I 5 Correspondence received from Tom Dalby, Manager, Communications, Canada Post Corporation - Postal Service Changes in Newtonville; ' I - 6 Minutes of a meeting of the Bowmanville Museum Board held on November 16, 1994; I - 7 Correspondence received from D. Laurence Mawhinney, President, Federation of Canadian Municipalities - How to Build a Safer Community for Women: A Handbook for Community Leaders; I - 8 Correspondence received from Moira Rosser, Outreach and Waste Reduction Week Co-ordinator - Waste Reduction Week 1994 ; I - 9 Correspondence received from Thor Ekland and t Gerard Gervais, Urban Development Institute/Ontario - Letter of Congratulations to Mayor and Council; I - 10 Minutes of a meeting of the Newcastle Community Hall Board held on November 21, 1994; I - 11 Correspondence received from the Association of Municipalities of Ontario - Vacancies on the AMO Board of Directors; I - 12 Correspondence received from Lynda Roteau, Co-Chair, Ontario Parks Association - Ontario Parks Association 1995 Annual Seminar; I - 13 Minutes of a meeting of the Clarke Museum & , Archives held on December 6, 1994 ; I - 14 Correspondence received from Gordon Cressy, President and Lori Cranson, Program Director, The Learning Partnership - Proclamation of Take Our Kids to Work; Alm t Council Agenda - 3 - January 16, 1995 COMMUNICATIONS I - 15 Correspondence received from Joan Pilniuk, 7 Newcastle, Ontario - Detox Environmental Ltd. Application for a Certificate of Approval for a Waste Disposal Site; I - 16 Correspondence received from Valerie Cranmer, Director, Strategic Planning Branch, Regional ML Municipality of Durham - Commissioner' s Report No. 94-P-114, Durham Regional Official Plan, Referrals to the Ontario Municipal Board; I - 17 Correspondence received from H.J.M. Spence, Chief, Office of Public Information, Atomic Energy Control Board - Licence Renewal for the Pickering Nuclear Generating Stations "A" and "B" ; I - 18 Correspondence received from Andree .Pinard, Communications Assistant, Federation of Canadian Municipalities - FCM Warns MPs Not to Force Property Tax Increases Through the Federal Budget; I - 19 Ontario Municipal Board Decision Regarding the Expansion of the Bowmanville Major Urban Area and the Bowmanville Main Central Area; s I - 20 Correspondence received from Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha ' Region Conservation Authority - KRCA 16th Annual Meeting; R I - 21 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Imposition of an Interim Regional Levy for 1995; I - 22 Correspondence received from Mr. Gary W. Westgarth, Vice-President of Operations, ReliaCARE { Inc. - Health Care System in Ontario; I - 23 Correspondence received from Mayor Clayt French, City of Orillia and Alderman Alannah Langlois, Conference Chairperson, City of Orillia - OSUM Committee - Ontario Small Urban Municipalities 42nd Conference; I - 24 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on December 6, 1994 ; r r Council Agenda - 4 - January 16, 1994 COMMUNICATIONS I - 25 Correspondence received from Steve Gaunt, Senior Planner, Rental Housing Protection Program - Bills 21 and 120; and I - 26 Correspondence received from Doug Barnes, Director, Local Government Policy Branch, Ministry of Municipal Affairs - Bill 163 . Receive for Direction D - 1 Correspondence received from Nancy Scott, Executive Director, Big Brothers of Clarington - ' Bowl For Millions Campaign; D - 2 Correspondence received from Nanci Colbeck, ParticipACTION - Proclamation of SummerActive 195; D - 3 Correspondence received from David J. Hay, Chair, Environment Canada - Packaging Stewardship Principles; D - 4 Correspondence received from Viviane Swann, Resolutions Policy Analyst, Federation of Canadian Municipalities - Request for Resolutions for Consideration at the March 1995 Meeting of FCM National Board of Directors or at the Annual Conference in June 1995; D - 5 Correspondence received from Robert Fudge, Deputy- ' Reeve, Township of Hope Ganaraska River Watershed Plan and Response From Gerry Houston, Chair, Ganaraska Region Conservation Authority; D - 6 Correspondence received from C. Cattran, President, Rotary Club of Bowmanville - Proclamation of Rotary Week; D - 7 Petition received from area residents regarding a three-way stop at the intersection of Cherryblossom Road and Nash Road; D 8 Correspondence received from the Catholic Family Services of Durham Inc. - Requesting Permission to Conduct and Manage a Nevada Lottery in the Municipality of Clarington; 1 Council Agenda - 5 - January 16 , 1995 COMMUNICATIONS D - 9 Correspondence received from E. Hugh Lyons, Clerk, Township of Sidney - Resolution to Ontario Good Roads Association to Petition the Province of Ontario to Cut and Maintain the Grass along the Highway 401 Corridor; D - 10 Correspondence received from Jack Colville, 5367 Main Street, Box 244, Orono, LOB 1MO - Crossing in the Vicinity of Centre and Main Streets, Orono; D - 11 Correspondence received from Vernon Garlick, 460 Mayfair Avenue, TH 120, Oshawa, L1G 2Y2 Healthy Communities; D - 12 Correspondence received from Valerie Wilson Barry, Dream Catchers Facilitator - Handi Transit Inc. ; D - 13 Correspondence received from D. Laurence r Mawhinney, President, Federation of Canadian Municipalities - International Development Week 1995; f; D - 14 Correspondence received from Susanne Clark, Promotions Co-ordinator, Big Sisters N.O.W. - Requesting Proclamation of Big Sisters Awareness Month; D - 15 Correspondence received from Heather Greer, k 9 Victoria Street, Bowmanville - Shuttle Bus Service in Bowmanville; D - 16 Correspondence received from John Hoar, 92 King Street East, Newcastle, LiB 1H5 - Snow Removal; D - 17 Correspondence received from Zenia Glecoff, 488 Byram Court, Oshawa, L1H 6R9 - Proposed Official Plan Amendment, Part Lot 8, Concession 1, Bowmanville; F D - 18 Correspondence received from Anne Capon, Area Coordinator, Heart and Stroke Foundation of Ontario - Requesting Proclamation of Heart and Stroke Month and the raising of the Heart and Stroke Flag on February 1, 1995; D - 19 Correspondence received from the Ganaraska Wolves Volleyball Club - Requesting Permission to Conduct and Manage a Nevada Lottery in the Municipality of Clarington; and r Council Agenda - 6 - January 16, 1995 COMMUNICATIONS R D - 20 Correspondence received from John A. Lewis, Chairman, Congregational Council, Trinity United Church, Bowmanville - Parking. MOTION NOTICE OF MOTION REPORTS 1 . General Purpose and Administration Committee Report of January 9, 1995 . UNFINISHED BUSINESS BY-LAWS 95-1 being a by-law to amend By-law 79-68, as amended, and to appoint members to the Clarke Museum Board (Distributed Under Separate Cover) ; 95-2 being a by-law to amend By-law 93-54, being a by-law to amend By-law 78-63, to establish the Orono Arena as a Community Centre in accordance with the community Recreation Centre Act, R.S.O. (1990) , C.22 and to provide for the establishment of a Community Centre Board and to repeal By-law 94-11 (Distributed Under Separate Cover) ; , 95-3 being a by-law to appoint Valuers of Livestock and Poultry for the Municipality of Clarington and to repeal By-law 94-7 (Distributed Under Separate Cover) ; 95-4 being a by-law to appoint Fence Viewers for the Municipality of Clarington and to repeal By-law 94-8 (Distributed Under Separate Cover) ; 95-5 being a by-law to appoint Poundkeepers in the ' Municipality of Clarington and to repeal By-law 94-9 (Distributed Under Separate Cover) ; 95-6 being a by-law to appoint Members to the Game Commission in the Municipality of Clarington and to repeal By-law 94-10 (Distributed Under Separate ' Cover) ; Council Agenda - 7 - January 16, 1995 BY-LAWS 95-7 being a by-law to repeal By-law 92-1 and to amend By-law 83-83 , as amended, a by-law to constitute a Committee of Adjustment for the Municipality of Clarington pursuant to the Planning Act, 1983 (Distributed Under Separate Cover) ; 95-8 being a by-law to appoint Members to the Abandoned Cemeteries Board for the Municipality of Clarington (Distributed Under Separate Cover) ; 95-9 being a by-law to amend By-law 79-67, as amended, and to appoint Members to the Bowmanville Museum Board (Distributed Under Separate Cover) ; 95-10 being a by-law to repeal By-laws 93-29 and 92-8, and to establish the Local Architectural Advisory Committee for the Municipality of Clarington (Distributed Under Separate Cover) ; and 95-11 being a by-law to appoint Members to the Property � Standards Committee for the Municipality of Clarington and to repeal By-law 94-6 (Distributed Under Separate Cover) . OTHER BUSINESS BY—LAW TO APPROVE THE ACTIONS OF COUNCIL ADJOURNMENT IL s f i MUNICIPALITY OF CLARINGTON k, Council Minutes December 12, 1994 Minutes of a regular meeting of Council IL held on Monday,December 12, 1994, at 1:40 p.m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor L. Hannah Councillor M. Novak Councillor J. OToole Councillor P. Pingle s Councillor D. Scott Also Present: Chief Administrative Officer,W. Stockwell Director of Community Services,J. Caruana Fire Chief,M. Creighton Director of Public Works, W. Evans IL Treasurer,M. Marano Director of Planning and Development,F. Wu Clerk,P. Barrie MINUTES Resolution #C-750-94 Moved by Councillor Novak,seconded by Councillor Hannah THAT the minutes of a regular meeting of Council held on November 18, 1994 and the minutes of the Inaugural meeting of Council held on December 5, 1994, be approved. "CARRIED" DELEGATIONS Mrs. Deborah Clarke appeared on behalf of Bob Hahn, Valiant Property Management,177 Nonquon Road,20th Floor, Oshawa,L1G 352, and indicated support for the passage of By-law 94-200, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. Mr. Lloyd Stephenson, 106 King Street East,Newcastle,L1B 11-15, addressed the General Purpose and Administration Committee earlier in the day. L Council Minutes - 2 - December 12, 1994 COMMUNICATIONS Resolution #C-751-94 Moved by Councillor O'Toole,seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 1, I - 2 and I - 5. "CARRIED" I - 3 Correspondence received from Robert Potvin, Supervisor,Public Affairs, Atomic Energy Control Board- Radiation Monitor; I - 4 Correspondence received from Ed Philip, Minister,Ministry of Municipal Affairs- Letter of Congratulations to Members of Council; I - 6 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on November 15, 1994; I - 7 Correspondence received from I.B. Scott, CP Rail System- Purchase of CN's Railway Operations East of Winnipeg and Chicago; I - 8 Minutes of a meeting of the Clarke Museum&Archives held on November 1, 1994; and I - 9 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on November 22, 1994. I - 1 Resolution #C-752-94 Oak Ridges Moved by Councillor O'Toole, seconded by Councillor Pingle Moraine Area Strategy THAT the correspondence dated November 22, 1994, from Howard Hampton, D03.OA Minister,Ministry of Natural Resources,regarding the Draft Oak Ridges Moraine Area Strategy,be received for information. "CARRIED" I - 2 Resolution #C-753-94 Ontario-Quebec Moved by Councillor O'Toole,seconded by Councillor Pingle Municipal Student Exchange Program THAT the correspondence dated November 22, 1994, from Ed Philip, Minister, H12.TR Ministry of Municipal Affairs,regarding the 1995 Ontario-Quebec Municipal Student Exchange Program,be received for information. "CARRIED AS AMENDED , LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) S Council Minutes - 3 - December 12, 1994 COMMUNICATIONS Resolution #C-754-94 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-753-94 be amended by adding the following thereto: "and referred to the Chief Administrative Officer for consideration and consultation with Durham College." "CARRIED" The foregoing Resolution #C-753-94 was then put o g g p t a vote and CARRIED AS AMENDED. I - 5 Resolution#C-755-94 AMO Resolution Moved by Councillor O'Toole, seconded by Councillor Pingle On CIPSI M06.GE THAT the Municipal Alert received from the Association of Municipalities of Ontario,regarding a resolution on the Canadian Industry Packaging Stewardship Initiative (CIPSI) proposal,be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-756-94 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-755-94 be amended by adding the following thereto: "and that the Council of the Municipality of Clarington endorse the resolution of the Association of Municipalities of Ontario's Board of Directors regarding this matter." "CARRIED" The foregoing Resolution #C-755-94 was then put to a vote and CARRIED AS AMENDED. Report WD-63-94 included in the General Purpose and Administration Committee Agenda for December 12, 1994,was referred to this item of the Council Agenda. Council Minutes - 4 - December 12, 1994 COMMUNICATIONS Resolution #C-757-94 CIPSI Moved by Councillor O'Toole,seconded by Councillor Pingle THAT Report WD-63-94 be received; THAT the Minister of Environment and Energy be advised that the Municipality of Clarington endorses the resolution adopted by the Association of Municipalities of Ontario as detailed on Attachment No. 1 to Report WD-63-94; THAT a copy of Report WD-63-94 be forwarded to the Minister of Environment and Energy and the President of the Association of Municipalities of Ontario, Mr.A. Gretzinger; and THAT Mr. Gretzinger be advised of Council's decision. "MOTION LOST" D - 3 Resolution #C-758-94 Optimist Club Moved by Councillor Hannah,seconded by Councillor Dreslinski Requesting Funds FILCH THAT the correspondence dated November 22, 1994 from Phil Martin,Fireworks Supervisor, Optimist Club of Newcastle Village requesting a donation of$5,000 towards the purchase of high-hazard display fireworks for the anticipated Canada Day fireworks display to be held on July 1, 1995, be received; THAT the correspondence be referred to the 1995 municipal grant process; and THAT Phil Martin and Gordon Cole be advised of Council's decision. "CARRIED" D - 4 Resolution #C-759-94 Courtice Moved by Councillor Hannah,seconded by Councillor Dreslinski r Baseball Assoc. R04.GE THAT the correspondence dated October 3, 1994 from Marian Corcoran, Diamond Scheduler,Courtice Park Baseball and Softball Association regarding various issues related to baseball diamonds in the Courtice area,be received; THAT the correspondence be referred to the Director of Community Services for review and preparation of a report to the General Purpose and Administration Committee;and THAT Marian Corcoran be advised of Council's decision. "CARRIED" Council Minutes - 5 - December 12, 1994 COMMUNICATIONS D - 10 Resolution #C-760-94 YWCA Request Moved by Councillor Hannah seconded by Councillor Dreslin ski For Nevada Licence P09.YW THAT the application to Manage and Conduct a Nevada Ticket Lottery at the Flying Dutchman Hotel, 143 Duke Street,Bowmanville submitted by the Clarington Branch of the Young Women's Christian Association (Y.W.C.A.),be received; THAT the request of the Clarington Branch of the Y.W.C.A.be approved subject to compliance with the Terms and Conditions imposed by the Municipality and the Province; and THAT Judy Spring and Heather Abramczuk be advised of Council's decision. "CARRIED" D - 11 Resolution #C-761-94 Alternate Route Moved b Councillor Hannah seconded b Councillor Dreslinski Y � Y From the Pines and Clarke High THAT the correspondence dated November 18, 1994 from R.T. Malowney, Schools Director of Education and Secretary,The Northumberland-Clarington Board of AOLNO Education requesting that the municipality and the Ministry of Transportation investigate the feasibility of an alternate route from The Pines Senor Public School and Clarke High School via either a road access allowance or walkway allowance to the 3rd or 4th Concessions,be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee;and THAT R.T. Malowney be advised of Council's decision. "CARRIED" D - 1 Resolution #C-762-94 CIPSI Proposal Moved by Councillor O'Toole,seconded by Councillor Novak THAT the correspondence dated November 16, 1994, from Jan H. Westcott, Executive Director,Brewers of Ontario,regarding the CIPSI Proposal for Ontario Blue Box Funding, be received for information. "CARRIED" L A Council Minutes - 6 - December 12, 1994 COMMUNICATIONS D - 2 Resolution #C-763-94 Re-Licensing of Moved by Councillor Dreslinski,seconded by Councillor Scott Pickering N.G.S. P09.LI THAT the correspondence dated November 23, 1994, from Helen MacDonald, requesting Council to reconsider the recent presentation to Council by the Atomic Energy Control Board and the Durham Nuclear Awareness,and to support the request for a full public review of the relicensing of the Pickering Nuclear Generating Station,be received for information. "CARRIED" D - 5 Resolution #C-764-94 Loitering By-law Moved by Councillor Dreslinski,seconded by Councillor Novak POLGE THAT the correspondence dated November 24, 1994, from Murray Small, regarding the passage of the Loitering By-law,be received for information. "CARRIED" D - 6 Resolution #C-765-94 Conservation Moved by Councillor O'Toole, seconded by Councillor Novak Authority/Municipal Liaison THAT the correspondence dated December 5, 1994, from Ian D. Macnab, AOLKA General Manager/Secretary-Treasurer, Kawartha Region Conservation Authority, regarding Conservation Authority/Municipal Liaison,be received for information. "CARRIED" D - 7 Resolution#C-766-94 Request for Moved by Councillor Dreslinski,seconded by Councillor Scott Financial Support for Pitch-In Week THAT the correspondence dated November 22, 1994, from Allard van Veen, FILCH President,Pitch-In Canada,requesting a financial contribution from the Municipality for Pitch-In Week which is being held May 1 - 7, 1995, be received for information. "CARRIED" D - 8 Resolution #C-767-94 National Moved by Councillor O'Toole, seconded by Councillor Pingle Infrastructure Program Anniversary THAT the correspondence dated November 9, 1994, from D. Laurence M06.GE Mawhinney,President,Federation of Canadian Municipalities,regarding the National Infrastructure Program Anniversary,be received for information. "CARRIED" Council Minutes - 7 - December 12, 1994 COMMUNICATIONS D - 9 Resolution #C-768-94 Protection of Moved by Councillor Novak, seconded by Councillor Scott Teens From Exploitation in THAT the correspondence received from Ed Philip, Minister,Ministry of Adult Municipal Affairs, regarding the Government's action plan to protect teenagers Entertainment from exploitation in adult entertainment facilities,be received; Facilities PO1.GE THAT the Council of the Municipality of Clarington support and endorse this action plan in principle; and THAT Ed Philip be advised of Council's decision. "CARRIED" D - 12 Correspondence Item D - 12 was distributed to Council as a handout. Traffic on Resolution #C-769-94 Nash Road T08.GE Moved by Councillor Hannah,seconded by Councillor Dreslinski THAT the correspondence dated November 20, 1994, from Andrew Wright, regarding the volume and speed of traffic that travels on Nash Road,be received; THAT the correspondence be referred to the Director of Public Works for review in conjunction with the report being prepared regarding the traffic on Nash Road; and THAT Andrew Wright be advised of Council's decision. "CARRIED" MOTION NOTICE OF MOTION Resolution #C-770-94 Moved by Councillor Scott, seconded by Councillor Hannah WHEREAS this Council is deeply concerned about the events of October 31, 1994, that resulted in violence and destruction of property; AND WHEREAS it views these events as an 'early warning' that are symptomatic of growing social problems among some of our youth; AND WHEREAS it intends to determine the causes of these problems, assist the community to solve them, and decrease the likelihood of future occurrences. Council Minutes - 8 - December 12, 1994 Notice of Motion Cont'd NOW THEREFORE BE IT RESOLVED THAT a Special Task Force on Youth be formed to advise Council on these matters,consisting of qualified volunteers from all 3 wards of the municipality,including a member of the youth population, and report to Council within 6 months and make its recommendations; and THAT this 'ad hoc' task force consult and liaise with the Durham Regional Police Force,the Clarington Youth Committee,the Boards of Education,the Community Services Department,the D.B.I.A.'s,the Ministerial Association, and relevant social agencies. To assist in the formation of this task force, the municipality will advertise in the local newspapers for volunteers,determine its membership,provide a meeting space,and a nominal budget (to be determined by staff). "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-771-94 Moved by Councillor Dreslinski,seconded by Councillor Hannah THAT the foregoing Resolution #C-770-94 be amended in the last paragraph by adding the words "contact the area schools and" after the words "the municipality will." The foregoing Resolution #C-770-94 was then put to a vote and CARRIED AS r AMENDED. REPORTS Report #1 Resolution #C-772-94 G.P.A. Report of Moved by Councillor Scott, seconded by Councillor Novak December 12, 1994 THAT the actions taken at the General Purpose and Administration Committee meeting held on December 12, 1994,be approved with the exception of Report TR-100-94, the actions taken"In Camera"related to a property matter and the appointments to Boards and Committees,and the delegation of Pam Hodgson. "CARRIED" Mayor Hamre made a declaration of interest with respect to Report TR-100-94; left the Chair and refrained from discussion and voting on the subject matter. Mayor Hamre indicated that she has family members who are employed by Bell Canada. Councillor Dreslinski assumed the Chair for this portion of the meeting. Council Minutes - 9 - December 12, 1994 REPORTS Report TR-100-94 Resolution #C-773-94 Pay Equity Moved by Councillor Scott, seconded by Councillor Novak Legislation(Bill 79) ULGE THAT Report TR-100-94 be received; THAT the process outlined in Report TR-100-94 to comply with the Employment Equity legislation,Bill 79, be endorsed; THAT a copy of Report TR-100-94 be provided to the Executive Director of the Clarington Library, Ms. B. Baker,with an invitation to participate in the Municipality's Employment Equity Process; THAT the President of C.U.P.E. Local #74, Mr. Steve Harding and the President of the Fire Fighters'Association Local #3139, Mr. Ron Klosinski,be provided a copy of Report TR-100-94 and requested to provide the Chief Administrative Officer with the names of the representatives who will form part of the co- ordinating committee; THAT the Bowmanville and Clarke Museum employees be provided a copy of Report TR-100-94 and that their staff be included in the Municipal Employment Equity Plan; THAT the co-ordinating committee(s)required to implement Employment Equity be established as soon as possible; THAT each Department Head be authorized to post a copy of Report TR-100-94 in locations to make the information in Report TR-100-94 available or accessible to all employees; THAT information sessions to inform all employees about Employment Equity be set up by the co-ordinating committee(s) and conducted as soon as possible in 1995; THAT consultants for Employment Equity be utilized on an "as required"basis to a maximum of$15,000, to assist staff in establishing the Employment Equity process and developing the Employment Equity Plan; THAT all new employees be provided a copy of the Employment Equity survey and informed of the principles of Employment Equity and the purpose of the survey; and THAT staff report back to Council with the proposed Employment Equity Plan, the Certificate,and the Report for endorsement prior to the posting of the Plan. "CARRIED" In Camera Councillor Pingle made a declaration of interest with respect to the confidential Property Matter property matter; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Pingle indicated that she resides in the subject area. L Council Minutes - 10 - December 12, 1994 REPORTS Resolution #C-774-94 Moved by Councillor Scott, seconded by Councillor Novak THAT the actions taken at the "In Camera"session of the General Purpose and Administration Committee meeting held on December 12, 1994, pertaining to a property matter be approved. "CARRIED" Resolution #C-775-94 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT Council move into Committee of the Whole. "CARRIED" Resolution #C-776-94 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the meeting be In Camera. "CARRIED" Resolution #C-777-94 Moved by Councillor Dreslinski,seconded by Councillor Hannah THAT the actions taken"In Camera"be approved. "CARRIED" Councillor Dreslinski made a declaration of interest with respect to the delegation of Pam Hodgson; left her chair and refrained from discussion and voting on the subject matter. Councillor Dreslinski indicated that she resides in the subject area. Resolution #C-778-94 Moved by Councillor Scott, seconded by Councillor Novak THAT the delegation of Pam Hodgson pertaining to damage done to her fence by a falling tree,be acknowledged and referred to the Director of Community Services and the Treasurer to address the issue of the safety of the trees on the adjacent property and consideration of reimbursement of Mrs. Hodgson's $200 insurance deductible; and THAT Mrs. Pam,Hodgson be advised of Council's decision. "CARRIED" ' Council Minutes - 11 - December 12, 1994 UNFINISHED BUSINESS Resolution #C-779-94 Moved by Councillor Hannah,seconded by Councillor Dreslinski all THAT the delegation of Deborah Clarke be acknowledged and she be advised of Council's decision. "CARRIED" BY-LAWS Resolution #C-780-94 Moved by Councillor Hannah,seconded by Councillor O'Toole THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 94-196 being a by-law to appoint the Members of the Clarington Public Library Board; 94-200 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle(Valiant Properties); 94-201 being a by-law to designate a certain portion of Registered Plan 40M-1796 as not being subject to Part Lot Control; 94-202 being a by-law to designate a certain portion of Registered Plan 40M-1799 as not being subject to Part Lot Control; 94-203 being a by-law to designate a certain portion of Registered Plan 4OM-1798 as not being subject to Part Lot Control; and 94-204 being a by-law to amend By-law 91-58,being a by-law to regulate traffic on highways,municipal and private property in the Municipality of Clarington. "CARRIED" Resolution #C-781-94 Moved by Councillor Hannah,seconded by Councillor O'Toole THAT the third and final readin g Y of By-laws 94-196 and 94-200 to 94-204, inclusive,be approved. "CARRIED" OTHER BUSINESS There were no items of business considered under this section of the agenda. r Council Minutes - 12 - December 12, 1994 CONFIRMING BY-LAW r Mayor Hamre,Councillor Dreslinski and Councillor Pingle made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Councillor Hannah chaired this portion of the meeting. Resolution #C-782-94 Moved by Councillor O'Toole,seconded by Councillor Scott THAT leave be granted to introduce By-law 94-205, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 12th day of December 1994, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-783-94 Moved by Councillor O'Toole, seconded by Councillor Scott THAT the third and final reading of By-law 94-205 be approved. "CARRIED" Mayor Hamre resumed the Chair. ADJOURNMENT Resolution #C-784-94 Moved by Councillor Dreslinski,seconded by Councillor O'Toole THAT the meeting adjourn at 2:30 p.m. "CARRIED" MAYOR CLERK COUNCIL INFORMATION I-1 s s Municipal Association of Municipalities of Ontario 250 Bloor St. East, Suite 701 ALERT Toronto, Ontario M4W IE6 Tel. (416) 929-7573 • FAX (416) 929-7574 For immediate attention LOOK NG BACK: AMO POLICY ACHIEVEMENTS IN 1994 LOOKING AHEAD: AMO POLICY WORK PLAN FOR 1995 L L Each year, AMO establishes its policy priorities for the coming year in the form of a Policy Work* Plan. The 1995 Policy Work Plan was recently completed It outlines the strategic projects AMO will focus on during the coming year. Before outlining the Work Plan, the following is a review of some of the key results and successes of the Association's 1994 Work Plan: Looking Back AMO Policy Achievements in 1994 AMO worked on approximately 70 policy projects during 1994 and had several notable successes in influencing provincial decisions in favour of municipal governments: ' Tripartite As a result of the Associations work and input to the development of the p Infrastructure Program, unlike many other provinces, in Ontario the program criteria are flexible and the program is"municipally driven' thereby ensuring that the program can be used to meet local needs and.priorities. • Following pressure from AMO, the Government announced the continuation of enriched General Welfare Assistance funding to those municipalities hardest hit by.increased GWA caseloads until March 31, 1995. . • Following he concerted efforts of AMO in April, the Minister of the Environment and Energy g � P announced a two-year extension in funding for municipal Blue Box programs. Also due to the efforts of AMO, the mandatory 3Rs regulations were delayed and greater flexibility in their implementation achieved. • During pre-budget deliberations there were many indications that the Province was considering cutting unconditional transfers once again. Through several meetings with Ministers Laughren and Philip,AMO was able to ensure that unconditional transfers would not be further reduced. • While unconditional grants were protected there was an indication that, on the conditional grants side, the Ministry of Transportation was planning to announce municipal road grants at a level "significantly less than last year." AMO successfully convinced MTO not to proceed with major reductions.However, some reductions did occur as a result of in-year constraints at MTO that had not been previously announced. THE ANNUAL REPORT IS AVAILABLE IN THE CLERK ' S DEPARTMENT. December 1, 1994 "2 6V. Municipal Alert: Looking Back: AMO Policy Achievements in 1994 Looking Ahead: AMO Policy Work Plan for 1995 • As a result of AMO's concerted lobbying efforts to substantially amend Bill 163, the Government adopted about half (14) of AMO's recommended changes. Most notably, the amendments included limitations on provincial authority to intervene in planning decisions and ' requirements that provincial bodies follow the same rules as other participants in the land use planning decision-making process. • AMO completed its paper, Ontario Charter.• A Proposed Bill of Rights for Local Government which all three provincial party leaders debated at the AMO Annual Conference. The paper has achieved one of its key objectives — it has effectively promoted the issue of municipal reform and focused debate on the future roles and status of municipal government in Ontario's political system. • During provincial-municipal g P p discussions on social assistance and child care reform, much progress was made towards getting the Province to seriously consider some form of municipal option for the delivery of these programs.While the major reform initiatives are not proceeding, the gains made during these deliberations have ensured that the municipal option will be on the table in the future. Looking Ahead: AMO Policy Work Plan for 1995 At its November 25th meeting,the AMO Board of Directors endorsed the Association's 1995 Policy Work Plan. The Work Plan was developed with the objective of preparing a municipal platform to promote during the u P g up-coming provincial election. The Work Plan consists of approximately 60 projects, describes the objectives and status of each project, and summarizes AMO's current position. The following is a list of the lour policy priority areas and proactive projects which will '3 form the basis for the-development of the municipal platform. s Policy Priority Area: Government that Works: Advancing a Municipal Reform Agenda Objectives: During the past century, and in response changing economic, social and political conditions,municipal governments have taken on new responsibilities hardly envisioned years ago such as economic development, international relations, land use planning and environmental regulation. However, municipalities have had limited authority, power, and flexibility to deal with the challenges of these changes and their accompanying demands for innovation, re-engineering, and re-thinking of how we govern and provide and pay for public.services. At a time when the demands of change are increasing, municipal decision-making authority and fiscal autonomy are . being eroded. The objective of this priority area is fundamental municipal reform based on the framework of principles contained in AMO's policy direction paper,"Ontario Charter."It is focused on creating a legislative base that secures municipal government the autonomy and independence that a genuinely modem and responsible sphere of government is entitled to and requires in order to govern. The projects will involve advocating fiscal and legislative reforms which recognize municipalities as an order of goverment and significant foundation of our democratic system. r December 1, 1994 Municipal Alert: Looking Back: AMO Policy Achievements in 1994 Looking Ahead: AMO Policy Work Plan for 1995 Proactive Projects: 1. Good Government: The Ontario Charter 2. Implementation of Pilkey Task Force Recommendations 3. Expanding Municipal Own Source Revenues 4. Reforming Responsibilities for the Assessment Function in Ontario 5. Connecting Ontario: Optimizing Economic Efficiency Through Short-Line Rail 6. Gross Receipts Tax Review Policy Priority Area: Positioning for the 90's: Workplace Management and Administration in the Municipal Sector Objectives:Municipalities are increasingly challenged in their pursuit of efficient and cost-effective service delivery in the face of the competing demands placed upon them as employers. The impact of the Social Contract environment on municipal administrations has been dramatic, a state of affairs that will unquestionably continue as the termination of the Social Contract period approaches. The objective of this priority area is to protect and advance municipal interests and rights with respect to administration and management issues. Projects: 1. Reform of Collective Bargaining and Interest Arbitration in the Municipal Sector 2. Municipal Budgetary Control: Amendments to Police Services Act 3. Social Contract Implementation and Transition 4. Fire Services Act Review Policy Priority Area: Municipal Option for Health and Social Services: Ensuring Accountable and Responsive Local Governance Objectives: Over the past few ears, the Province has proposed assigning the roles of health and J P Y social services planning, management and delivery to existing or new special purpose bodies. In response to this direction, AMO proposed in its "Municipal Option" policy paper that municipal governments should be considered the first option for accepting these responsibilities, and that ultimately municipalities should be involved in deciding who should plan, manage and deliver services in their communities. The objective of this priority area is to promote the municipal option and the principles of accountability, integration of related services, building on existing structures, and effective and cost-efficient service provision.A further objective is to reform funding arrangements based on the principle that income redistributive services should be primarily funded from the income tax base, and not from the more regressive property tax base. Projects: 1. Advancing the Municipal Option for Health and Social Services 2. Child Care Reform: Provincial Municipal Discussions on Future Funding, Management and Planning Roles 3. Promoting the Voluntary Consolidation of Part-Time GWA Delivery Administrations Dcamber 1, 1994 34 Municipal Alert: Looking Back: AMO Policy Achievements in 1994 Looking Ahead: AMO Policy Work Plan for 1995 ' 4. The Integration of FBA and GWA Delivery Functions 5. Long-Term Care Reform: Provincial-Municipal Discussions on Municipal Impacts and Future Roles 6. Costs and Benefits: District Health Council Review Policy Priority Area:Partnerships to Achieve Planning and Environmental Objectives:Stewardship, Pollution Prevention, Environmental Protection, Streamlined Processes and Sustainable Communities Objectives: The achievement of planning and environmental objectives demands forging partnerships between the private and public sector. The principles of polluter-pay, stewardship, sustainable economic development and environmental protection are central to these partnerships and the recognition that more attention should be paid to prevention as opposed to remedial action. Municipalities can play a leadership role in forging these partnerships. As well, municipalities are usually the "end-provider" of planning and environmental services, with the Province involved in setting the broad policy and legislative framework. The objective of this priority area is to promote partnerships to achieve planning and environmental objectives and to ensure the clear delineation of provincial-municipal roles which respects the decision-making authority of municipalities and ensures simplified and streamlined regulations and processes. Projects: rt 1. Moving Ahead with Planning Reform: Monitoring Implementation 2. Rationalizing Planning and the Environmental Assessment Process 3. Agreeing on the Rules of the Game: Towards a Streamlined Waste Management Planning Process r 4. Considering All Options: Evaluating All Waste Management Alternatives 5. Getting to Full Product and Packaging Stewardship 6. Moving Forward on HHW: A Small Step Towards Producer Responsibility,A Big Step for the Environment 7. Restructuring Responsibilities for Resource Conservation in Ontario 8. Residents' Rights Bill (Bill 120): Repeal of the As-of-right Provisions for An Apartment-in-a- ' House 9. AMO-Ministry of Housing Quarterly Meetings 10. Government Funding for Existing Housing Stock Programs (Municipal Menu) r A co of the W copy Work Plan are available on a request basis from the AMO offices. Contact Lilian Cheung at (416) 929-7573. Any questions about the Work Plan and its projects , p sects should be duetted to Evelyn S. Ruppert, Manager of Policy. MEMORANDUM COUNCIL INFORMATION I_2 To: AMO Member Municipalities From: Ernie Hardeman, Chairman, Rural Section, (ROMA) Date: December 5 1994 Re: Nominations - Rural Section Executive Committee Annual Meeting, February 5th-8th, 1995 We wish to take this opportunity to remind those who will be delegates to the 1995 Annual Meeting that they will be called upon to elect or re-elect, as the case may be, representatives to serve on the Rural Section (ROMA) Executive Committee for 1995-1996. Those positions which delegates will be requested to vote are Chair, First and Second Vice-Chair and various Zone Representatives. A list of persons currently serving as members of the Executive Committee indicating their respective intentions for seeking re-election has been attached to this communication. A map is provided so that delegates may readily determine the Zone within which their municipality is located. DeleQ endorse any or all of the persons as indicated on the attached list, r bates are invited to y p , o to place a name or names before the nominating committee, and ultimately the delegates, for consideration. Should a municipal member wish to support a sitting member or members, simply so indicate. In the event that additional nominations are to be made, we would request that the following information accompany the nomination: a) position for which the nomination is made; b) name of nominee; c) municipal title and name of municipality; d) experience as an elected representative or appointed official; e) any other information you feel would assist the nominating committee in making a recommendation to the Annual Meeting. Nominations are to be forwarded to the Coordinator of Section Services, not later chat January 27, 1995. Please forward to: Ms. Clair Marchand Coordinator of Section Services Association of Municipalities of Ontario 250 Bloor Street West, Suite 701, Toronto M4W I E6 Telephone (416) 929-7573 Fax (416) 929-7574 I- ALGONA SUDBURY Quebec i . .... MI►IS31MG ' MANITOULIN ' PARRY SOUND PAESCOT • RFMFREW �� coo .. . ~ to- ILMGMR OTTAWA-CARL[TON ROSS[ 7� Q1 ETORMONT MUSKOKA HALISURTON IANMK OUNOAS Lake FRONT[NAC e� \� DR[MYIIIE Q� Huron .A� \ ce a NAST/NOs N LEEDS PETERBOROUGH LENNO Va f`• J s SIMCOE VICTORIA GRFT - DOINOT BRUCE RURAL SECTION DURHAM (R OMA) OF AM YORK NORTHUMSERLAN PRINCE EDWARD OUFFERIN ZONE MAP "E` •K Hudson Bay WELLINGTON METROPOLITAN ��It ri HURON TORONTO (jla e O La a R W A TE LOO NAl.TO N �`• \`O PERT" �.. James . HAMILTON Bay OXFORD ENT OAT 1 KENDRA GRANT NIAGARA •.I MIDDLESEX LAIISTON HALDIMAND- NORFOLK ELGIN THUNDER SAY U ' C •• COCNRANL CD RENT E<<g ( Cr n 0 '50 1'0 �aKe ESSEX kllometrss INY ALGOMA ' RIVE •`O`,'' ISRAYIN ' ei s i, IUDEURY I- LIST OF THE CUR MEMBERS RENT ME S OF THE RURAL SECTION (ROMA) EXECUTIVE COMMITTEE WHO HAVE INDICATED INTENTION OF SEEKING RE-ELECTION FOR THE POSITION OF: CHAIR Gearld Shortt, Councillor County of Grey FIRST VICE-CHAIR Charlotte Clay-Ireland, Reeve Township of Hamilton SECOND VICE-CHAIR Fred Thomas, Concillor County of Lambton ZONE 1 Vacant ZONE 2 Bert Vorstenbosh, Deputy Reeve Township of Fullarton ZONE 3 Dan VanLondersele, Councillor Township of Delhi ZONE 4 Al Pelletier, Clerk County of Simcoe ZONE 5 Vacant ZONE 6 Ronald Hamilton, Reeve Township of Sidney 9 ZONE 7 Vacant ZONE 8 James Lowery, Deputy Reeve Township of Ramsey ZONE 9 Claude Guillem ette, Reeve Township of Canton-East Ferris Offices not required to be elected by the annual meeting: Immediate Past-Chair , Member-at-Large Conference Registration Form <DUPLICATE THIS FORM AS REQUIRED> Rural Ontario Municipal Association Sunday, February 5th, 1995 - Wednesday 8th, 1995 GST No. R 134087881 Royal York Hotel - Toronto, Ontario Municipalty / Organization: Zone #: PLEASE PRINT t This form CANNOT be processed unless accompanied with proper nnvmPnt '�.► Delegate's Name Delegate's Title As ff I5 to appear on name badge. Delegate Registration Fee Enclosed Companion's Name Companion Registration Fee Enclosed First Name Last Name First Name Last Name After Jan 20/95 $85.00 5.95 $100.00 7.00 $90.95 $107.00 I . Note: Companion's Fee covers all events. $ %—VI41-1KMAIIUN: Confirmation will be sent to the address below. REGISTRATION Please allow 3 to 4 weeks for processing. FEE SCHEDULE Address: DELEGATE OR VISITOR FEE GST TOTAL COMPANION FEE Please Note: GST The address and phone Numbers below TOTAL are for Conference Registration ONLY! IOTaI (A) On or Before Jan 20/95 After Jan 20/95 $180.00 $230.00 12.60 16.10 $192.60 $246.10 On or Before Jan 20/95 After Jan 20/95 $85.00 5.95 $100.00 7.00 $90.95 $107.00 Total (B) TOTAL (A) TOTAL (B) TOTAL ENCLOSED Registration forms will be accepted up to and including January 20, 1995. After that date,all registrations must be on site at the conference. REFUND POLICY: A request for a full refund will be considered if received up to and including January 20/95. Please allow 3 to 4 weeks for processing. Rural Ontario Municipal Association, P. O. Box 76, Wainfleet, Ontario, LOS 1 VO (905)899-2397 Fax(905)899-3916 1995 ANNUAL CONFERENCE The Rural Section of AMO (Rural Ontario Municipal Association) IL Royal York Hotel-Sunday, February 5 to Wednesday 8 PROGRAM OUTLINE Sunday, February 5 1:00am-8:00pm Registration 8:00pm-9:00pm Welcome Reception Monday, February 6 9:OOam Opening General Session Annual Report and Section Business 9:45am Keynote Address: Hon. Bob Rae, Premier of Ontario (invited) 10:15am Ministers' Open Forum Ministers Invited: Hon.Ed Philip,Minister of Municipal Affairs Hon.Elmer Buchanan,Minister of Agriculture,Food&Rural Affairs Hon.David Christopherson,Solicitor General&Minister of Correctional Services Non.Shirley Coppen,Minister of Labour Hon.Marilyn Churley,Minister of Consumer&Commercial Relations IL Hon.David Cooke,Minister of Education and Training Hon.Michael Farnan,Minister of Transportation Hon.Ruth Grier,Minister of Health Hon.Howard Hampton,Minister of Natural Resources Hon.Frances Lankin,Minister of Economic Development&Trade Hon.Alan Pilkey,Minister without Portfolio,Municipal Affairs Hon.Gilles Pouliot,Minister of Northern Development&Francophone Affairs Hon.Tony Silipo,Minister of Community and Social Services Hon.Anne Swerbrick,Minister of Culture,Tourism&Recreation Hon.Bud Wildman,Minister of Environment&Energy 1:15pm Concurrent Workshops (1)Municipal Risk Management.Avoiding Unecessary Liability; (2)Rural Economic Devolopment; (3) The WCB Workwell Program& Rural Municipalities; (4)(to be announced) ILI ME 2:30pm Report of the Nominating Committee 3:00pm Second General Session (to be announced in final program) 4:00pm Introduction of Candidates for Rural Executive Committee Tuesday, February 7 7:45am-8:45pm Delegates' Continental Breakfast 8:45am Third General Session Presentation of Resolutions Report 9:45am Fourth General Session Speaker: Lyn McLeod, Leader of the Official Opposition 10:30am Fifth General Session Speaker: Rusty Russell Q.C. "Things to Watch Out For-A Pot Pourri of Municipal Issues' Tuesday Cont'd... 1 1:30am Sixth General Session Greetings - President of AMO and Western Delegates s 12:00 noon - ROMA Insurance Program Inc. 2:00pm Annual Meeting 1:45pm - 2:45pm Election for Rural Section Executive Committee 2 OOpm Seventh General Session Speaker: Hon.Elmer Buchanan,Minister of Agriculture,Food&Rural Affairs 3:00pm Eighth General Session - Question Box Panel 7:OOpm Annual Banquet Wednesday, February 8 7:45am - 8:45am Delegates' Continental Breakfast 8:30am Ninth General Session Resolutions Report, (if required) 9:00am Tenth General Session Michael D. Harris, Leader of the Progressive Conservative Party - 9:45am Eleventh General Session "Impact of Bill 163-Open Local Government and Disclosure of Pecuniary Interest" 1 1:OOam Closing General Session COMPANION'S PROGRAM In addition to the Welcoming Reception,the Annual Banquet and the Wednesday Delegates'Breakfast, special events have been arranged to registered companions. A hospitality room will be opened on Monday and Tuesday. Mystery Theatre Luncheon on Monday and the popular tour of the Royal York Hotel has been arranged for Tuesday afternoon. lmportantl Two lucky companions will win two tickets each for a Monday evening to one of Toronto's popular theatre events. The winning tickets will be drawn in the companions' hospitality room Monday morning. GENERAL INFORMATION Conference delegate registration forms,together with hotel accommodation request forms were mailed to municipalities earlier this Fall. Reservations must be received or called in at least one month prior to arrival date. Cancellations or revisions to accommodation reservations must be made directly with the Royal York Hotel- (416) 863-6333 or 1-800-441-1414. Delegate registration forms will be accepted up to and including January 20. After that date all reaisuatiuns must be on site at the conference. Late delegate registrations will be at the higher rate as indicated within the delegate registration form. For further information on this matter please contact delegate registration: P.O. Box 76, Waintfleet, Ontario, LOS 1 VO 1905) 899-2397, Fax (905) 899- 3916. ROMA Insurance Program Inc.Annual Meeting-Delegates wishing to vote at the ROMA Insurance ' Program Inc. Annual Meeting, Tuesday, February 8th, 12:00 noon to 2:00 p.m., must have a voting card. which may obtained at the annual meeting registration area. Voting will be conducted on the approval of financial statements and budget,the new Executive and other matters arising from the floor. Remember, delegates must have a card to vote at the ROMA Insurance Program Inc. Annual Meeting. , Additional program information can be obtained from the Section Program Coordinator: MacDonald Dunbar, 66 Metcalfe Street, Guelph, N 1 E 4X6 (519)824-8337. ' COUNCIL INFORMATION I-3 IN CASE OF TRANSMISSION DIFFICULTIES, PLEASE CALL (416) 862•9350 PLEASE DELIVER TO- MAYOR, DIANE HAMR.E, NEV1CASTLE AGENDA onduio ice of tr.a Ministry of Ministere des T 777 Say 3tree: 777.rue Bay Minister Municipal Affaires Toronto.Ontario Toronto(Onzu•io) M5G 2E- MSG 2£5 qL,*au du Affairs municipales 1410585-7000 (416)USa000 f$fre December 5, 1994 To the Head of Council: This s afternoon, my colleague Floyd Laughren, the Minister of Finance, ar,,'tounced in the Legislature that major transfer payments for 1995-96 -- including unconditional grants to municipalities -- will be maintained at the same level as last year. At the same time, he laid out the government's strategy for encouraging and supporting the restructuring that will have to occur within the broader public sector over the next several years• I ant enclosing for your information a copy of his statement to the legislature, a news release, and a backgrounder on the restructuring strategy. As the Finance Minister said, the government continues to be committed to balancing the operating budget by 1998. To meet that target, we'll use the same sensible approach that has brought us to this point. For 1995-96, this means we will stick to the commitment we made to our transfer partners two years ago. Funding levels will be maintained for the coming year. This means that, subject to minor adjustments already agreeiJ to under the Social Contract, your unconditional grant for 1995 willl"e same as in 1994. Mr. Laughren also outlined plans to redirect money from the Job Security Fund established under the Social Contract into a more comprehensive restructuring strategy for the broader public sector. Over the past year and a half, the broader public sector has been very successful in permanently reducing compensation costs while maintaining services and avoiding layoffs. The very low number of layoffs attributable to the Social Contract has meant that very little of the money in the Job Security Fund has actually ber;n used. That money will now be used to help broader public sector employers and employees work together to restructure to deal with the continuing fiscal challenge we will a.iI face over the next several years. While these challenges will affect all of us in the broader public sector, municipalities have managed admirably and I expect you will continue to do so. Municipalities.are LI IOM positioned to reap the benefits of their on-going restructuring and re-engino-rirg f look forward to working with you as the restructuring strategy is implemen,!d Sincerely, f;i;;: T ' _.. --•— I_ MINISTRY OF FINANCE FURTHER INFORMATION ON RESTRUCTURING STRATEGY JOB REGISTRIES Purpose: To enhance the redeployment opportunities of laid-off public sector employees by providing a system that matches employees to vacancies Registries must: • list all vacancies and laid—off employees in a sector • match the skills and qualifications of employees to the job requirements of vacancies • advise employers and employees of potential matches • have dispute resolution process Conditions: • must be established by sector panels • voluntary until March 31, 1995; mandatory thereafter LF TRAINING PROGRAM PurF*se: To support redeployment through training and encourage employee participation in change Who's eligible: ,.. • employees facing redeployment within or being transfev,ed between public sector organizations • employees who are laid off because of restructuring • employees at demonstration project sites • laid—off employees hired from the Job Registry Support: Depending on the circumstances, benefits may consist of eithr;:r income support or supplementary unemployment benefits, and direct and indiract training costs such as books and tuition CorKllttons: L • joint labour/management proposals must be submitted for funding • employers must be participating in sector job registry/supposing sector panels L • employees must be in training • disclosure by employers of required financial information to employees ./2 i 2 DE14ONSTRATION PROJECTS Purpose: To support innovation by funding 10-15 exemplary joint labour/ma a restructuring initiatives that result in more effective delivery of services ent s reduced cost Projects must: • have minimal impact on jobs ' • be the product of joint efforts between labour and management • be adaptable for use by other public sector workplaces- • result in significant perrnanent cost savings • result in improved service delivery • include labour/employee representatives in the restrumiring decision--making process Support: training and adjustment costs • minor capital and administrative costs • some consulting costs Conditions • joint labour/management: proposals must be submitted 1br support • employer must be participating in sector job registry/supporting sector panels • disclosure by employers of required fi arnaal information to employees r There: is a toll-free number for public enquiries about the programs: f-800-;161-2608 Media contact: Greg Ladyka Public Sector Labour Market and Productivity Commission (416) 325-1433 December 5, 1994 ( Ontario News �eleaRelease, Communique sminis" Ministbre of des Finance Finances FOR IMMEDIATE RELEASE: December 5, 1994 PROVINCE MAINTAINS TRANSFERS, OUTLINES RESTRUCTURING PLAN Toronto - Ontario Finance Minister Floyd Laughren today announced 1995-96 funding for the Province's major-transfer partners--schools, hospitals,colleges, universities and. municipalities---and outlined a long-term plan to help the public sector adjust to change without jeopardizing public services. Laughren said transfer partners' funding, which already reflects measuros taken under the Social Contract Act and Expenditure Control Plan, will not be cut further next year. Transfers will total $15 billion in 1995-96. '1We have taken a unique and measured app r oac�to manag ing spendtng," t,aughr®n sand. "Our approach has brought Ontario's deficit down by rt';r than 30 per cent from two years ago — without destroying services, without laying off thousands of workers, and without sending a recovering economy a shock it could not absorb." He said that for 1996-97, because of Government's careful planning, it sh 3uld be able to maintain funding. However, he warned that federal government action w luld Jeopardize that commitment. "aver the past four years, in decision after &cisk)n, the federal government has entrenched unfairness to Ontario," Laughren said. He*added that a unilateral cap on payments for social assistance, and underfunding for training and immigration programs and other actions had cost Ontario $8.6 billion in '1994-95 alone. 'Now the federal government has made it clear that they intend to taut further into transfers to the provinces," Laughren said. "Because of that probability, wt:. can't give our partners the guarantees they deserve on funding for 1996-97." The Minister also announced that funding or g social-service agencies will stay at current le gels in 1995-96, and that social assistance rates will be unchanged. Laughren unveiled a new initiative to promote long-term ublio-sector r need for such a strategy was underscored, he said, by the E urthcturrng. The 11 federal funding and by the expiry of the Social Contract possibility 31f 11 996 shortfalls He said the success of the Social Contract in avoiding lay-offs meant that use of the$300 million Job Security Fund it created had been minimal. "We will therefore move resources f•om the fund to support these new programs that will provide employr:!rs and workers vAth the tools they need to manage change," he said. The plan will require each sector set up under the Social Contract Act to create a job registry by March 31, 1995. The registries will match laid-off workers with job cpportunitles in the public sector. Government will also increase funding tc retrain workers for new jobs, and will provide income and trainin g support for those on the job registries. In addition, the initiative will sponsor demonstration projects that where worker-management co-operation has saved money and maintained services. aces order to make sure workers are involved in change, training program and to the demonstration ro'QCts wi an organization;; access to the are developed jointly by labour and management." Laughren said. adiunn9 plans c that � He added that access to those programs would also be tied to participation in a sector's job re�Distry. Laughren described the new initiative, which will run to April G)mprehensive public sector labour adjustment strategy in North America.,�Ha added that rt would benefit workers, employers and the public. -3o- Contact: Suzanna Birchwood Rob Cottingham Communications Branch Minister's Communications Coordinator (416) 325-0333 (416) 325-0413 tt», Ontario� STATEMENT TO THE LEGISLATURE BY THE HONOURABLE FLOYD LAUGHREN MINISTEF; OF FINANCE PROVINCE OF ONTARIO ON MAJOR TRANSFEFk DECEMBER 5, 1994 C14ECK AGAINST DELIVERY . - 2 - Mr. Speaker, i rise today to outline to the House this Government's decision on , next year's transfer payments'to our largest partners in Ontario's public: sector. 1 will also outline how we are re-shaping the public: sector to keep services afforckabie in future. As this House well knows, we have worked long and hard to strike a balance ;among our priorities: to get Ontarians back to work, to live within our means, and to provide quality services at an affordable cost. K Our plan is working. We are striking the right balance. The current economic expansion that we've helped to create is fuelled by confidence about Ditario as a place to live and work, and it holds the promise of sustained growth in future. It is tempting to think that our fiscal work is done, and that economic recovery alone will solve our problems. That would be wrong. We know it would be wrong because other governments in Ontario have made exactly that mistake. They spent lavishly when the o0onomy was expanding and ran up debt we didn't need. A private-sector report estimates that if government had kept spending increases simply to the rate of inflation between 1984 and 1989 we would have had an $18 billion cushion against the recession. instead, when tie good times ended and the money dried up, Ontario was $40 billion in debt. We will not repeat that mistake. People in Ontario have suffered -too much and we have worked too hard at setting things right. It has fallen to us to make the tough decisions a-?.1 bring about ti,e lasting `t changes this province needed to get our fiscal house in order. We have done it in a talanced way. We put in place a Social Contract to trim $2 billion a year from the public- sector payroll and to make those savings permanent. Our Expenditure ("ontrol Plan will save government a total of $4 billion. Those measures and others have allowed us to out program spending both last year and this -- an achievement that no Ontario government managed in the previous 50 years. But more important than our record on spending is our approach to it. At every step we have worked with our partners throughout the public sector In Ontario. With their help we have reduced spending without harming vital services that people depend on, r and without triggering the tens of thousands of job losses that would have followed from a harsher approach. It is always easy to say out faster. But that rhetoric never admits the costs. Right new, we are seeing people elsewhere in Canada pay those costs -- whilich are measured it security, fairness and human dignity. We must never forget that publk; services and , piblic assets are woven tightly into'our economy, and to tear them out unthinkingly weakens the entire fabric. r Ik _ 3 That is why we have taken a unique and measured approach to. managing spending. We have focused on priorities. We have cut our own overhead costs by 16 per cent in the past three years. We have found ways of making services more affordable, and shifted money to where the needs are greatest. Our community colleges have managed a 15-per-cent increase in enrolment in the past three years with less funding. Our school boards have been able to handle 3 per cent more students over the past two years even though funding hasn't Increased. That's been achieved by trimming administration costs and getting a bigger share of funding into the classroom. Health-care spending has been basically flat but we're managing the system better. Hospitals are handling nine percent more cases with 20 per cent fewer beds because stays are shorter and more people are being treated in day surgerles. That's allowed us to free up urgently-needed funds for cancer and cardiac can:r. Our approach has brought Ontario's deficit down by more than 30 per-cent from two years ago. Without destroying services. Without laying off thousands of workers. Without sending a recovering economy a shook it could not absorb. We remain committed to balancing the operating budget by 1998, and we will meet that target with the same common-sense approach that has brought us this far. For 1995-96, this means that we will stick to the commitment we made to ovar transfer partners two years ago. Funding levels will be maintained for the coming year. With these announcements today, transfers to schools, hospitals, municlpalities, o)ileges and universities will total $15 billion in 1995-96. The Social Contract Act will expire as scheduled on March 31, 11196. Our current fi*cat plan reflects our intention to maintain funding to our partners at thE) existing levels fc•r the 1996-97 fiscal year. However, our plan depends on action the farderal government rr ay take to reduce its own deficit. Over the past four years, in decision after decision, the federal government has eotrenched unfairness to Ontario. They unilaterally capped payments of the essential funding we needed for social assistance at a time when our needs were, greatest. We have been short-changed on training and on immigration funding. These and other actions will cost the people of Ontario $8.6 billion this year alone. Now the federal government has made it clear that they intend to cut further into transfers to the provinces. Because of that probability, we can't give our partners the guarantees they deserve on funding for 1996-97. Such federal cuts would have a direct impact on provincial funding for programs and services. We can only make our case with our partners to the federal government. _ q _ Mr. Speaker, in order to.help social service agencies plan better, I am including them in today's announcement as well. Social service transfer payment;; for 1995-96 will stay at the current level of $2.1 billion, and we are maintaining social wsistanc:e rates at last year's levels. Mr. Speaker, the work of reforming Ontario's public sector began in earnest three years ago, and since then we have achieved a great deal. But the job isn't done yet. We must continue to meet the challenge of reshaping Ontario's public sector to keep servioes affordable in future. The expiry of the Social Contract, our transfers announcement today and future federal cutbac ivs, underscore this fact. That is why.I am announcing today new ways in which we will halp Ontario's public service and the broader public sector meet their goals. These ne%v measures fallow directly from the efforts we have made in the past to handle change in a way that is sensitive to the needs of workers and communities. And It is similar to the approaches we have taken to assist our private sector partners in dealing with change. It will focus on the public sector's most valuable asset — its Workers. We have consistently demonstrated our commitment to people affected by restructuring-by offering Iec;bour adjustment support and by creating programs such as the Workeir Protection Fund and the Worker Ownership program. Our strata promotes tes cooperation between employers and employees. Through such initiatives as the Sector Partnership Fund and the_�ntario Training and Adjustment Board we have consistently encouraged workers and management to te,u*le their p•oblems and plan their course together. Our plan for the public sector builds on these approaches by using workers' skills, e-iergy and experience to make changes that improve their work lives as well as service tc the public. It ensures that those affected by change have the chance 1:o use their skills in new ways to serve the public. And it bolsters cooperation to better plan for the fut(Are. This restructuring strategy will help manage public sector change in a way that is planned, humane, democratic and creative. It creates a foundation for p:►sitive workplace change. We will support this initiative by expanding access to the resources of the $300 million Job Security Fund created by the Social Contract Act. The success of the Social C)ntract in avoiding layoffs has meant that use of the fund has been minimal. We will therefore move resources from the Job Security Fund to support these i:►roader restructuring programs, which will run to April 1, 1997. r Our restructuring package has three program areas. r k - 5 - First, to help workers who are affected by change to find new jogs, and to help Employers find skilled and experienced people, each sector set up undor the Social (,ontract Act must establish a job registry, a task that many sectors have already began. All sectors are to have a registry up and running by March 31, 1995. These registries, to it be run b sector panels, will match laid-off workers o opportunities • Y P t naw in the public actor. Second, we will increase our support for training that I r PK g Bads to new opportunities. We will help organizations retrain workers for new jobs, either at the saJ'ne workplace or Ca new one. We will provide income and training support for employees listed on the job registry. And, when necessary, we will pay for any skills upgrading needed by employees aired from the job registry. Third promote we will new ideas by sponsoring a number of deronstration projects. These will highlight workplaces where partnership between workers and management is creating Innovative approaches that save money and maintain services. In order to make sure workers are involved in change, an organi;:ation's access to the training program and to the demonstration projects will depend on the restructuring plans that are developed jointly by labour and management. Finally, ao:ess to these two programs will be conditional on participation in a sectors job registry. Mr. Speaker, this strategy for supporting change in our'public ins,,:itutions is unique. It is the most comprehensive public sector labour adjustment strategy anywhere in North America. And it is good for everyone. It is good for our public agencies. it will enable organizations who deliver a broad range of public services to make the changes necessary to improve effii:iency, while ensuring they have the skilled employees they need. It is good for public sector employees. It will provide a measure of security and oaportunities to continue to serve the public. It also will give our employees a voice in h:)w workplaces change. And it is good for the people of Ontario. Our strategy will promote efficient and a-lordable government, while assuring access to important public servious in the years to come. It exemplifies our measured and thoughtful approach to change. Mr. Speaker, we and our partners in Ontario's public sector have already made tramendous strides by working together. Today's announcements will help us to make tl ose savings permanent, which will allow us to build tomorrow's successes on today's strengths. I must acknowledge the huge contribution of the 900,000 public-sector workers across Ontario and the many service organizations who are working witri us to preserve jobs and public services. We couldn't have done it without their support. Thank you, Mr. Speaker. IL kCOUNCIL INFORMATION 1--4 Moyers Cable T.V.Limited t,R QPG ERS 1 Marwood Drive L C 3G I;I, 1 1 i)o December 5th, 1994. L Mayor Diane Hamre, Regional Municipality of Clarington, I Iw 40 Temperance Street, DEC 8 1994 Bowmanville, Ontario. Ll C 3A6 MUNICIPALITY OF CLARINGTON kMAYOR'S OFFICE Dear Diane: W, L-1 I am writing so that you are aware of our plan regarding the klaunch of the new Canadian Specialty Networks. Last Spring, the C.R.T.C. licensed seven new Canadian Specialty Networks. In its decision, the C.R.T.C. also confirmed that these new services would be funded through advertising revenues and cable fees. The cable industry made a commitment to carry as many of these networks as technically possible. In support of this effort, Rogers will be introducing these services and, in the process, customers will have more programming variety and choice than ever before. 9 On January 1st, 1995, we will be launching seven new networks: The Discovery Channel; life network; Bravol; Showcase Television; New Country Network (NCN);Women's Television Network(wtn); and Reseau de('information (RDI). L Starting December 15th, 1994, customers will be able to preview the programming highlights, of the new networks until they officially launch on January 1st. For the entire month of January, customers can watch the new networks k, for free. This will give them the opportunity to enjoy the unique programming offered. Many of our customers already enjoy a number of popular Lspecialty networks such as A&E and TSN which are part of our Cable Plus package. The Discovery Channel, life network, Bravol, Showcase Television and New Country Network (NCN), will be added to the Cable Plus package, which we are now calling New Cable LPlus. MuchMusic, presently available on Basic Cable, and Headline News, currently a premium service, will also be added to New Cable Plus. THE BROCHURE IS AVAILABLE IN THE CLERK' S DEPARTMENT. ROGERS Page two December 5th, 1994. With the addition of the new networks to New Cable Plus, the monthly rate of $5.45 will increase by $2.65. This doubles the size and brings the package to 13 services. The new rate of $8.10 is effective February 1st, 1995. Customers who receive Cable Plus and want the new networks will not have to do a thing. They will continue to receive the new networks after the preview, as well as all the specialty networks they currently enjoy. The customers who do not want to continue with New cable Plus are asked to let us know before February 1 st, 1995. Other lower priced packages are also available. In addition, the monthly rate for Basic Cable will increase by $0.79 to $20.43, effective February 1st, 1995. This increase, approved by the C.R.T.C., reflects a portion of the cost to provide ongoing upgrades to our cable network to continue to offer customers new entertainment and information service options. It will also cover the direct cost of"wtn" and "RDI", the two new specialty networks recently licenced by the C.R.T.C., which are being added to Basic Cable service. Over the next three months, we will be implementing a four- phase communications programme to ensure all our customers understand their programming options. I have enclosed a copy of the first of this series. To 'keep you apprised of our activities, I will send you a package of the upcoming communications when they are sent to our customers. In the event that you receive calls from our constituents,, y ou may, if you wish, refer them directly to me. In addition, please fee free to contact me at 436-4103 if you have any questions. Yours truly, 0 PCC/ss Paul C. Coleman, Enclosure(s) - Division Manager. COUNCIL INFORMATION I-5 r MAI L�POSTE Canada Post Corporation/Socid16 canadienne des postes York Division 1 Dundas Street West, tcC 3 j i 3G 20TH Floor lik IL IL Media Relations& Community Affairs Toronto ON M5G 2L5 December 09, 1994 ii ( r \ r ` , Diane Hamre, Mayor AGENDA DEC D 1994 Town of Newcastle 40 Temperance Street Bowmanville, Ontario iNIUNICIPALITY OF CLARINGTON LIC 3A6 MAYOR'S OFFICE Dear Mayor Hamre, Further to our ongoing communications with elected officals, please find attached our most recent letter regarding postal service changes in Newtonville. k" I have enclosed a complete package of customer letters for your information and reference. Customer enquiries received at your office concerning this announcement can be forwarded to our Customer Service Department at 1-800-267-1177. If you have any question or comments, please contact me either at the above address or by calling (416) 204-4191. 410 N jely alby - _ Manager, Communications - f York Division ___`� /attachment MAI L�POSTE Canada Post Corporation Societe canadienne des postes TAIL OPERATIONS RETAIL OPERATIONS Dundas Street W. 1 Dundas Street W Toronto ON MSG 2L5 Toronto ON M5G 21,5 IL December 09,1994 Le 09 decembre 1994 Cher(ere) Client (e) Dear Customer: -anada Post Corporation wishes to inform you La Societe canadienne des postes desire vous that as of the close of business JANUARY 4,1995 informer qu'a la fin de la journee du 4 janvier retail postal products and services will no longer 1995, les produits et services postaux ne seront e available at NEWTONVILLE plus disponibles au NEWTONVILLE CONVENIENCE STORE . CONVIENCE STORE. ffective THURSDAY JANUARY 5, 1995, full A compter du jeudi 5 janvier 1995, les produits GW�ostal products and services will be available at : et services postaux seront disponbibles au WCASTLE POSTAL OUTLET COMPTOIR POSTAL DE NEWCASTLE DRUGS MAXI DRUGS 50 MILL STREET NORTH 50 MILL STREET NORTH kEWCASTLE NEWCASTLE IB 2A0 LIB 2A0 k USII�TE SS FIRS. Heures d'affaires: ON- ED 09:00 a.m. to 7:00 p.m. lundi au mercredi '09H00 a 19H00 FHURS- FRI 09:00 a.m. to 7:00 p.m. jeudi et vendredi 09H00 a 19H00 AT 09:00 a.m. to 5:30 p.m. samedi 09H00 a 171130 %All personal contact items such as large parcels or Les items a remettre en mains propres (items stems requiring a signature presently in the postal necessitant une signature ou gros colis) qui sont outlet at NEWTONVILLE CONVENIENCE presentement au NEWTONVILLE TORE will automatically be transferred to the CONVIENCE STORE et ui ne seront pas ocation at NEWCASTLE POSTAL OUTLET as ramasses avant le 5 janvier 1995 seront of JANUARY 5, 1995. Your regular mail delivery transfbres au site du COMPTOIR POSTAL DE ill remain unchanged. NEWCASTLE a partir du 5 janvier 1995. Should you have any questions concerning this Entretemps, si vous avez des questions concernant change in service, please either contact me at the ces modifications au service, veuillez communiquer above address or call Customer Service at avec moi a 1' adresse ci-dessus, ou appelez notre 1-800-267-1177. service a la clientele au 1-800-267-1177. Sincerely,/Bien a vous, 1 -1 Lin Mok Manager/Gestionnaire Retail Operations Support/Soutien d'operations de vente au detail York Division /attachment/p.j. r _ MAI L�POSTE _ Canada Post Corporation Societe canadienne des posies Bowmanville Postal Station 41 Temperance St., Bowmanville, ON LIC 3A0 December 09, 1994 To: POSTAL BOX CUSTOMERS OF NEWTONVILLE CONVENIENCE STORE Please be advised that at the conclusion of business on January 04, 1995 postal operations will cease at the NEWTONVILLE CONVENIENCE STORE. Customers now renting a postal box at Newtonville Convenience Store are requested to exercise one of the following options: * Revert to their free primary mode of delivery(for more information please contact the undersigned). * Rent a postal box at the Newcastle Postal Outlet located at 50 Mill Street North, Newcastle. Please obtain our refund for the remaining y rental period from Mr. Choi owner of the Newtonville Convenience Store. Your mail will be redirected free of charge for a four month period. Please complete the attached change of address form and return it to me in the postage-free envelope provided. Courtesy cards have also been enclosed to assist you in notifying your correspondents of the change in your mailing address. AL Should you have any questions concerning this change in service lease contact me at the above q g g , P address or call Customer Service at 1-800-267-1177. Sincerely, f � / f '!l Pat Dyck Retail Rep. attach r COUNCIL INFORMATION Section l 1-6 MINUTES OF THE BOWIVIANVILLE MUSEUM BOARD NOVEMBER 16TH, 1994 PRESENT: L. Paradis; S. Leetooze; W. Fehn; C. McKeever; C. Morgan; I. Colwell; G. Ashton = C. Taws; E. Logan P REGRETS: P. Pmg le ABSENT: J. O'Toole; M. Novak 1. The meeting was called to order at 7:48pm by the Chairman, L. Paradis. GLI 2. Motion- to adopt the agenda with additions Business Arising i) Harassment New Business c) Book Signing d) Christmas Open House e) Museum Cleaning. Moved by G. Ashton 2nd I. Colwell carried 94-D-1 3. Motion - to approve the October 12th, 1994 Board Meeting Minutes with corrections: C.McKeever sent her regrets;Motions#94-D-11 and#94 D-12 were moved and 2nd by G. Ashton. 94-D-16 - Moved by W. Fehn 2nd C. Morgan carried 4. BUSINESS ARISING- Window/Conservatory Tender Fred Horvath has completed the tender and will send a copy this week for review. CAO Meeting L. Paradis, C. Morgan, S. Leetooze and C. Taws met with Bill Stockwell to discuss Museum needs. Mr. Stockwell recognizes that the Town is growing and that the Museum is an important part of it and was very supportive. He agreed that the Board should think big, not small, and suggested making a list of what the Museum really wants and needs and to plan their capital budget accordingly. He made Sig several proposals such as a joint project with the Seniors in their new Seniors Centre with an exhibit in their lobby or lounge. Clayton spoke to Community Care and they were very interested and agreed to speak to the architect about incorporating display space at the Centre. Clayton spoke about the plans for a new carriage house. He felt that the old plans needed a few changes re putting in a full basement for utility and storage space. Also adding more usable space on the 2nd floor. He felt that a five year time frame to complete this building is feasible. He agreed to make this his project. Cathy McKeever also talked about doing some major fundraising with corporate sponsorship. L r Page 2... Section 1 Nov 16/94 Minutes Train Show Clayton Morgan reported that our exhibit at the Train Show was a relatively good success. The Museum has good visibility and exposure with lots of interest in our display. He felt we should repeat this display next year. Motion - to rent a table at the 1995 Train Show at the Bowmanville High School. 94-D-11 - Moved by S. Leetooze 2nd I. Colwell carried A discussion was held on taking a similar display to the local Doll Shows which would give more exposure to our Doll Collection. Gladys Ashton will look into this suggestion. Museum Tour Booklet Cathy McKeever reported that the Museum Tour booklet will be completed by the Christmas Open House on December 3rd. Kitchen Unit Sher Leetooze will report on this matter at the December Board Meeting. ROM Open House r Sher Leetooze thought this would be a beneficial meeting to attend on November 29th which would give the Board more contacts and information. Larry Paradis will r confirm whether he can drive that night. Ministry Grant - Archives Warner put before the Board a report on conservation requirements for the Museum building. An application for a grant will be submitted next year. Motion - to contact Ministry for an application form for the Archives Grant. - Moved by S. Leetooze 2nd G. Ashton carried 94-D-1 Membership Info Form Charles put before the Board a revised Membership Information Form. Motion - to accept the Membership Information Form as amended. - Moved by W. Fehn 94-D-1i 2nd I. Colwell carried Harassment r Motion - to go into camera at 8:25pm. Moved by C. Morgan 94-D-2( 2nd W. Fehn carried 1 Page 3... Section 1 Nov 16/94 Minutes Motion - to go out of camera at 8:50pm. - Moved by C. Morgan 94-D-21 2nd W. Fehn carried 5. CORRESPONDENCE: GL a) Five Visitor Evaluation forms. b) Royal Ontario Museum programs. c) Ontario Science Centre Annual Report. d) Newcastle Village & District Historical Society Newsletter. e) OHS Bulletin. f) Visual Arts Centre News. g) CMA Sources Magazine. h) CMA Museogramme. i) National Archive of Canada "The Archivist". aL j) Waste Reuse/Exchange Program information. k) Shorelines newsletter. 1) Report on Clarington. ALI m) Newsletter of the Scugog Shores Museum & Archives. Motion - to accept the correspondence for information. - Moved by I. Colwell 94-D-22 2nd W. Fehn carried 6. OCTOBER 1994 BII.L& Motion- to acknowledge payment of the October 1994 bills, listed in Section 2. Moved by S. Leetooze 2nd I. Colwell carried 94-D-23 7. FINANCE & PLANNING COMMITTEE REPORTS: Motion - to approve the October Finance Report as presented. - Moved by S. Leetooze 94-D-24 2nd G. Ashton carried COLLECTIONS COMMITTEE REPORT: Motion - to accept the October Collections Committee Report as presented. - Moved by S. Leetooze 94-D-25 2nd C. McKeever carried STRATEGIC PLANNING COMMITTEE: Meeting with CAO Mr Stockwell has been reported in Business Arising. Page 4... Section 1 Nov 16/94 Minutes COMMUNICATIONS COMMITTEE: C. McKeever brought up some ideas for 1995 ie. a poster of the Museum's Doll Collection. Charles brought up that Trina Astor has a similar framed photo of the . Museum's dolls for sale but Cathy noted that a poster would be much cheaper. Also she suggested doll notepaper and hasti-notes and perhaps a Doll Tea Party during the summer or a class on making a reproduction doll. These suggestions were deferred to the next Communication Committee Meeting. Gladys will attend this meeting. PROPERTY COMM[TTEE• The Museum roof has been repaired. G. Moore has been called to replace all the outside spot lights. 8. CURATOR'S OCTOBER 1994 REPORT: The Curator reported 902 visitors to the Museum during October. Motion- to accept the Curator's October Report for information. - Moved by I. Colwell 94-D-26 2nd W. Fehn carried 9. FRIENDS OF MUSEUM REPORT: Gladys Ashton reported that the Friends have completed their crafts and priced them on the Tuesday evening ready for their Christmas Craft Show on November 19th. The Museum will be decorated by the Friends on December 1st. They will not meet again till March 1995. Gladys also requested a donation from the Museum Shop for their Christmas Basket which is raffled off at the Craft Sale. Motion- to donate an item from the Museum Shop for the Friends Christmas Basket. 94-D-271 - Moved by I. Colwell 2nd C. McKeever carried Motion- to accept the Friends report for information. r - Moved by S. lieetooze 94-D-28 2nd W. Fehn carried 10. NEW BUSINESS: Salary Raises This matter was deferred to the Finance Committee re the 1995 Budget. , Page 5... Section 1 Nov 16/94 Minutes 1995 Museum Budget Sher Leetooze, Clayton Morgan, Larry Paradis, Charles Taws and the secretary held a meeting with the CAO Bill Stockwell and Town Treasurer Marie Marano about the Museum's budget. Sher Leetooze outlined the Museum's budget and explained that although the Finance Committee is trying to be fiscally responsible . there are several problems with such a tight budget. Mr. Stockwell gave some suggestions re applying for a separate grant for the Canada Day Celebration and referred the problem to Marie Marano who will help revamp the Museum's budget. Clayton Morgan felt that the Collection Purchases amount was too low and requested that it be raised accordingly. The Finance Committee will have another meeting to finalize the 1995 budget. A written explanation will accompany the Museum Budget and Grant request. The Finance Committee extended an invitation to the whole Board to attend their next meeting. The Board agreed to accept the Museum's new hours for 1995 and include all additional expenses oin the budget. Motion - to raise account #500 - Collection Purchases accordingly in the 1995 Budget. 94-D-29 Moved by C. Morgan 2nd S. Leetooze carried Motion- that the Finance Committee have approval to finalize the 1995 Budget. - Moved by S. Leetooze 94-D-30 2nd G. Ashton carried Motion- that the Museum Board accept the new hours for the 1995 season. - Moved by S. Leetooze 94-D-31 2nd G. Ashton carried Book Sigzin_�g Sher Leetooze requested that a Book Signing of her new book "The First 200 years" be held at the Museum on November 30th, 7-9pm. There will also be a presentation of books to all the local school boards. She will sell her book to the Museum for $10.00 per copy which will be retailed at $18.95, all profits to the Museum. Christmas Open House The tree and cedar will be picked up by Charles and Warner Fehn on November 30th. Irwin Colwell will order and deliver eighteen poinsettias for the Christmas decorations. Museum Cleaning The secretary will discontinue the cleaning in January 1995. Motion - to table the discussion of cleaning till the 1995 budget has been completed. 94-D-32 - Moved by S. Leetooze 2nd C. McKeever' carried 11. Motion - to adjourn at 10:24pm. - Moved by L. Paradis carried 94-D-33 BOWMANVILLE MUSEUM BOARD Section 4 CURATOR'S NOVEMBER 1994 REPORT ' Nov 1: Volunteer, Andrew Buhagiar, in to work on archives. He is currently working ' on newspapers. Nov 2: -Warner in to work on giant proposal. Maiyanne is looking into heritage seed programme. She wants to have , historically accurate plants in the conservatory after its restoration. Waverley School tour, 28pp. Nov 3: I attended the Open House for the Newcastle Historical Society. , Preschool group, 26pp. Nov 4: Volunteer, Ruth Shaw, in to work on archives. Wedding Photos, 21pp. Nov S: Two Wedding Photos, 58pp. Nov 7. Kett and I put up Christmas lig#Ts and closed off outside water tap. Budget Meeting was held. Nov 8: Andrew in again to work on archives. Nov 9: I checked Hampton and the group using the middle portion has remove their things from our rooms. ` Nov 10: Laura Richards, of the Canadian Statesman, in to talk about an upcoming historical Christmas article. Nov 3-10: Remembrance Day Programme with Mrs. Falls Grade 3 class at Central School. 29pp. Nov 11: I attended Remembrance Day Ceremony at Central School. Nov 14: Finance Committee Meeting held to discuss budget. Nov 15: Volunteer, Andrew, in to work on archives. Nov 16. Finance Meeting with Bill Stockwell and Marie Marano to discuss budget. Evening tour, Brownies, ISpp. Nov 18: Assisted teachers at Mother Teresa School in Courtice to design their Christmas programme, ISpp. Evening Wedding Photo, 17pp. A'ov 19: Friends Christmas Craft & Bake Sale. Evening Wedding Photos, 40pp. Nov 22: Volunteer, Andrew, in to work on archives. Nov 23: Loaned toys to Clarke Museum for display. Clarke Museum gave us ten surplus acid free newspaper boxes for our archives. George Moore in to replace outside spot lights. Nov 24. Friends selling crafts at Mall. Todd Wannacott, reporter from Whitby This Week, in to do an article on the Museum. Nov 26. Wedding Photos, 27pp. Nov 29: Warner and I got the cedar and Christmas tree. Bob Shafer, at Tyrone Mill, donated the cedar. Nov 30: Christmas tree is set up. Teacher, Doris Falls, in to discuss results of the Remembrance Day Programme and plan new activities in the New Year. Sher's Book Signing in the everting very successful, 38pp. Page 2... Section 4 k Curator's Nov/95 Repot IL 1993 1994 Adults 15 $30.00 Adults 9 $18.00 bill Family (4) 16 $16.00 Family (5) 20 $20.00 Children 25 $25.00 Children 12 $12.00 Seniors 12 $12.00 Seniors 15 $15.00 ----------------------- ----------------------- -Seniors----------- ADMISSIONS 68 1 $83.00 ADMISSIONS 56 1 $65.00 DOOR $36.45 DOOR $35.58 DONATIONS DONATIONS UNPAID 106 UNPAID 154 VISITORS ORS VISITORS MEMBERSHIP 135 MEMBERSHIP 231 /WEDDING /WEDDING VISITORS VISITORS .................................... ...... ............... .............................. SUB TOTAL SUB TOTAL T OUTREACH 80 OUTREACH 70 a L TOTAL 389 TOTAL 511 C. Taws Cumtor ML COUNCIL INFORMATION I-7 Federation of Canadian Municipalities ® Rdcration canadienne des municipalit6s November 30, 1994 ENp A [ayor D.Laurence Mawhinney e Her Worship Mayor Diane Hamre an burg,Nova Scotia res t Municipality of Clarington 40 Temperance Street t j ohn Les .hi ck,British Columbia.' Bowmanville, Ontario irs ccPresident L1C 3A6 DEC 1 4 1994. remier vice-president :Ott. or Bryon W[lfea MUNICIPALITY OF CLARINGTON 1chmond Hill,Ontario MAYOR'S OFFICE eoond Vice President, Deal' Mayor Hamre: . me vice-president Raire suppliant nt Claude Gratin la u(Quebec) The Federation of Canadian Municipalities (PC is pleased to enclose roElme vice-president two copies of its report entitled,How To Build a Safer.Community for.Women- hi ice President A Handbook for Community Leaders. Jd an Ron Hayter A'Ston,Alberta ,asr resident This report represents a synthesis of findings and key steps_for action 'resident sortant arising.from a comprehensive; national-inquiry among municipal officials: Knight ixeeurive Director 'i ur general Emphasizing preventive approaches built on broad-based partnerships, this handbook is intended to assist elected officials, -municipal personnel and other . community leaders. It highlights the promising efforts of numerous municipal, governments in mobilizing their communities to prevent-acts of violence against women, thus providing guidance for others. ./2 24,rue Clarence Street,Ottawa,Ontario KIN 5P3 Telephone/Te[ephone:(613)241-5221 •Fax/Telecopieur.(613)241-7440 -2- The release date of this handbook, December 6, commemorates the fifth anniversary of the murders of 14 women at Itcole Polytechnique in Montrdal. Five years later, violence against women continues to plague our communities. For further information or additional.copies-Qf the report, please' contact Brandon'Welsh at the FCM Secretariat. ' Yours sincerely,. x D. Laurence Mawhinney President DLM:bcw i 4 F� F y HOW TO BUILD A SAFER COMMUNITY FOR WOMEN A Handbook for Community Leaders L L L ACKNOWLEDGEMENTS The Federation of Canadian Municipalities (FCM) wishes to thank the many municipal officials and women's group representatives whose contributions of time and energy in both volun- tary and professional capacities were vital to this hanbook. How to Build a Safer Community for Women: A Handbook for Community Leaders is a synthesis of FCM's first report, Building Safer Communities for Women. The full report is available from the fenders or FCM. FCM would like to thank the Department of Human Resources Development Canada (formerly the Department of Secretary of State) and the Canadian Union of Public Employees (CUPS) for their financial assistance which made possible the work leading to the production of this handbook. Special thanks are extended to Patty Holmes, Acting Policy Officer, Department of Human Resources Development Canada; Sandi Howell, Equal Opportunities Officer, CUPE; Deborah Gordon, the project consultant; and Debra Sladden, project assistant. I w i The full report, Building Safer Communities for Women, is available from: Patty Holmes Sandi Howell Brandon Welsh,FCM TABLE OF CONTENTS ACKNOWLEDGEMENTS...... ... ..... ................I 6 MOBILIZE THE COMMUNITY ............ .. .... . ........... .6 k-INTRODUCTION ................. .................... ......I i) Achievable Goals......... ......... ...............7 ii) Involving the Whole kCommunity........................... ........... ....7 1' PROMOTE WOMEN'S iii) Naming the Problem...........................7 EQUALITY ................................................. iv) Defining the Problem ..........................7 V) Educating the Media.............................7 L2 INCREASE WOMEN'S PUBLIC SAFETY ......................................2 7 MAINTAIN MOMENTUM .....................8 The Women's Safety Audit ................................3 8 BUILD A SAFER COMMUNITY FOR ALL WOMEN ...................................9 IL 3 ENDING DOMESTIC VIOLENCE .................................................3 9 ASSIST IN COORDINATING The City of Edmonton's Family GOVERNMENTAL RESPONSES Violence Follow-up Team...................................4 TO VIOLENCE AGAINST WOMEN......................................................9 4 INVOLVE WOMEN IN THE PROCESS....................................................4 10 MAKE WOMEN'S SAFETY A PRIORITY.................................................10 5 BUILD PARTNERSHIPS .........................5 CONCLUSION ................................................11 ENDNOTES .....................................................12 I N T R O D U C T 10 N In recognition of the important role munic- ipalities can play in promoting women's safety, FCM, in partnership with the Department of ' National, regional and community net- Human Resources Development Canada and works have emerged over the past few years, rep- CUPE is pleased to provide community leaders resenting a commitment to a safer communities with this handbook. j approach to crime prevention in Canada. Many municipal and community leaders are working together to develop strategies which respond to 1 the unique needs of their communities. PROMOTE W O M E N ' S A safer communities approach to crime pre- E QUALITY vention recognizes that crime is socially structured and that social and economic inequality are criti- Violence against women is the consequence cal underlying causes that must be addressed if of women's inequality. The Final Report of the crime is to diminish. A full understanding of Canadian Panel on Violence Against Women, crime and violence,however, must factor gender Changing the Landscape: Ending Violence—Achieving inequality into this analysis. Equality states: "Women live in a social milieu A gender-specific analysis of crime and vio- textured by inequality, areality that leaves them lence is based on the premise that violence against vulnerable to violence. t women is the consequence of women's inequality. Municipal governments are increasingly aware Municipal governments are increasingly aware of of the link between inequality and violence against the link between inequality and violence against women. Cities such as Toronto, Winnipeg, women as demonstrated in their safer communi- Dartmouth and Calgary are using it to round out ties task force reports. the analysis in their safer communities task force reports. For example, the City of Calgary Mayor's In the spirit of these task force reports, the Task Force on Community and Family Values says: Federation of Canadian Municipalities produced Building Safer Communities for Women which shows until women are empowered to stand equally with that crime prevention initiatives which take into men, economically independent and with equal account the differential impacts of gender(as well opportunity... then, and only then, will we be able as race, class and abilities) build safer communi- to strike at the very heart of the violence that exists j ties for women. I in our community.2 How to Build a Safer Community for Women When women have full access to the work- is the sister document to Building Safer Communities place, they can become economically independent for Women. This handbook condenses what is and free themselves from abusive relationships with in the first report by highlighting ten important men they may have otherwise had to stay with steps community leaders can take to increase because of their lack of financial resources. Munic- women's safety. Extracts from the first report, ipal strategies, like pay equity and employment including examples of municipal and community equity,promote women's financial independence, efforts to reduce violence against women, are folded into this handbook for community leaders. thereby decreasing their vulnerability to violence. The City of Winnipeg's Safe City Committee, which was set up following the report, A Safer- Winnipeg for Women and Children, acknowledged t 4r the importance of women's economic equality in race,disability and sexual orientation. Education making the community safer for women by advo- sessions for all departments and new employees eating: were established with the aim of raising aware- ness on the issue and challenging employee bias- 'a comprehensive pay equity program which includes a es. The project has set the stage for a collabora- study establishing the relative worth of female and tive effort between the City and the union for male dominated jobs and remedial measures to the development of a City policy and procedure ensure that female workers receive economic rewards on harassment. appropriate to the value of their jobs.3 The committee also recommends an employ- 2 ment equity program ensuring that:"women have ( N C R E A S E WOMEN ' S full access to the workplace (and that) the City pro- vide...pre-employment training and commit itself PUBLIC SAFETY to hiring graduates of these training programs.4 Municipal governments must take Implementation of sexual harassment poli- responsibility to ensure the reasonable safety and cies in the workplace is another concrete example security of all citizens. One of the primary ways of how municipalities can work towards women's to carry out this responsibility is through urban equality. These policies protect women's econom- planning and design. is independence by ensuring that they will not be forced to leave their jobs due to male aggression. While urban design and planning do not Go they do create Like many municipalities,the City of Toronto create violence against women, �I public spaces which offer greater or lesser oppor- has a Workplace Human Rights Policy and Procedure on harassment and discrimination. The City has tunities for violence to take place. Sexual assault � has been identified as a crime of opportunity. A ,gone further, however,by reinforcing the message key part of the struggle to build safer communi- that women have the right to make their living ties for women is to minimize opportunities for free from the threat of harm. As of August 1993, assault to take place'in public areas. the City implemented a policy which requires those entering managerial jobs to attend an"orien- Municipal governments, in collaboration tation"seminar covering provincial legislation safe- with their local women's community, can begin guarding, health,safety and human rights in the to examine land-use planning and development, GOP workplace. Managers are obliged to become famil- the provision of public spaces and design and R iar with the legislation because they are responsible development of buildings and structures to Glop for the health and safety of their staff. reduce public violence against women. Secondly, the City has developed a number. Most importantly,municipalities can incor- of strategies such as a video and training manual, porate a personal safety and security clause into entitled, A Safer Place: Preventing Sexual Harass- their official plans,making women's personal safety Harass- ment and Sexual Assault at Work—A Manual for and security a guiding principle. "If a city is safe Trainers and Facilitators. These tools are available for women and children,it is safe for everyone."S Lto managers seeking guidance on how to increase women's safety in their departments. Recognizing that women travel primarily by 00 public transit, foot or bicycle, municipal govern- CA The City of Sydney, Nova Scotia, along ments can work towards ensuring that local tran- with the Canadian Union of Public Employees sit systems develop and implement a personal 050(CUFF) Local ?58, completed a pilot project on safety and security policy which addresses the harassment covering the issue on the basis of sex, needs of women. THE WOMEN'S SAFETY AUDIT 3 t ENDING DOMESTIC The Metro Action Committee on Public V 10 L E N C E Violence Against Women and Children (METRAC),a Toronto-based, non-profit organi- zation committed to reducing all forms of violence Wide women's public safety is an impor- against women and children, has developed a tool tant step in building a safer community for women, which identifies features of the built environment it must be combined with a commitment to which threaten women's security. Put in the hands respond to the most prevalent form of violence of women, this tool gives them the ability to pro- against women: domestic violence. As the vide elected officials with practical information City of Winnipeg's report, A Safer Winnipeg for ' on the built environment which these politicians I Women and Children, reveals, women and chil- require to increase women's public safety. dren are at greatest risk in their homes, among The Women's Safety Audit looks at a public people they know."8 ' or semi-public place to note problems which A report,entitled,Woman Killing: Intimate threaten women's safety,such as poor lighting Femicide in Ontario, 1974- 1990 also shows that or signage. It begins with women identifying the vast majority of women killed in Ontario in an area to be audited such as a street,a park or a recent history were killed by intimate partners. neighbourhood. An audit team,composed of 3 The intimate femicide rate in Ontario appears to t, rto 7 women, is then formed to do the audit. be very similar to that in Canada as a whole.9 Audits usually take about 3 hours. The first If most violence against women is occurring half of the time is spent doing the audit while the second half is spent discussing the findings and in women's private lives, then why are municipal governments not focusing their response on i developing an action plan with recommendations. domestic violence? These recommendations are shared with a city councillor or municipal official responsible for an Municipal officials often report that one of area the team deems to be unsafe for women. the reasons municipalities do not address domestic As Susan McCrae Vander Voet, Executive violence is because the areas of health and social � services, which would cover most services abused Director of METRAC points out: women would use,are within provincial jurisdic- tions. While this is true, there are a variety of ser- Municipal officials are grateful to have the audit done vices which abused women use which are within a because it provides them with a base of information municipality's area of responsibility. Social assis- they can take back to council or a particular commit- tance may be one of these areas. S tee so that they can say, with certainty, these are the things that need to be done.6 In Dartmouth, Nova Scotia, for example, the City is responsible for social assistance. In While the focus of the safety audit is pri- an effort to support women leaving abusive rela- maril}•on public or semi-public places, it can also tionships, the Dartmouth Task Force report, be used to audit policies, practices and services Violence Against Women, recommends that the which threaten women' safety. For example, municipality implement sensitization training for METRAC used the women's safety audit method social assistance workers so that they can fast track ' with the Toronto Transit Commission (TTC) to applicants who are survivors of domestic violence. review its transit policies and programs as well as its physical features.? Even in cases where the provinces have r primary responsibility for these services, municipal governments can still lobby provincial governments 3 to increase funding to shelters and second-stage directly involved with abused women, the team housing for women. Elected officials can urge was applauded for meeting abused women's needs. the provinces responsible for welfare and income The primary reason agencies saw for this trend security to institute training requirements for all was that the team improved the coordination personnel on the issue of domestic violence. of services because of their role as advocates on behalf of abused women with legal and social Municipalities can improve the most fre- agencies. quent frontline response to domestic violence through their police forces. Professional devel- These' opment should be provided for all police officers, vice filled a niche twhich h w that the team he with emphasis on crisis Intervention training. had been empty. The g niche was overall efficiency and speed in meet- ing abused women's needs. THE CITY OF EDMONTON'S FAMILY VIOLENCE FOLLOW-UP TEAM 4 Following the initial police response to INVOLVE WOMEN domestic violence in Edmonton, the City may IN THE PROCESS dispatch a Family Violence Follow-Up Team to assist individuals and couples experiencing vio- lence in their intimate relationships with the Women's groups, which have been struc- aim of preventing further violence. The team tured to lobby consists of one police detective and a social Provincial and federal governments, are now approaching municipal governments for worker who operate not as an initial emergency their su response team, but rather as a follow-u team pP°rt to reduce violence against women. P Municipal governments need new structures which after the initial police investigation is completed facilitate community involvement in municipal and the situation is under control. decision-making on women's issues so that women who have the expertise on these issues can advise The team acts swiftly to establish contact municipal officials. soon after a crisis"...to capitalize on the time period when a�client is most likely to be vulnera- The.City of Toronto's Safe City Committee ble to change. The willingness of the survivor is a good example of a municipal structure which or perpetrator to accept the team's help is essential fosters community involvement in municipal for the team's involvement in a domestic conflict. decision-making on violence against women. The committee's mandate is to develop and The Follow-Up Teams are an excellent monitor implementation of municipal policy example of a municipal initiative on domestic aimed at preventing violence against women and violence which is working because it is respond- other vulnerable groups. It makes recommenda- ing to women's needs. tions to Council aimed at increasing women's During evaluations of the initial Follow-Up safety in Toronto. Currently, it is composed of P four municipal councillors and 21 representatives Team, abused women spoke about the team's from community agencies, one-third of which involvement in their situations being the key factor represent immigrant, racial minority, disabled initiating change in their lives. Many changed and low-income women. their views of abuse from something they could minimize and try to live with, toward seeing it as an Not only do women's groups have input in unacceptable activity on the part of their partners. municipal policy-making on violence against women through Following a social agency survey which was tee but they also provided expertise members t hrough It- done to generate input from groups and agencies consultations held prior to the preparation of 4 A Safer City: The Second Stage Report of the Safe women's crisis centres) that took on the project City Committee. This report, adopted by Council hold key positions in their respective communi- in September 1991,establishes a municipal grants ties. Because of the nature of their mission, they program aimed at providing prevention activities have an understanding of women's experience of and increasing access to services for immigrant, violence and the benefit of many alliances over racial minority, disabled and marginalized women. the years."12 When involving women who are survivors The competence and credibility of women's of violence as well as transition house workers in groups is a key reason to involve them in a community consultations, municipalities need to meaningful way in the process of building safer be sensitive to the fear these women may feel in communities for women. appearing in a public forum and to take responsi- bility for the costs they incur when they partic- ipate. The expertise these women bring to the S table should also be recognized and, whenever BUILD PARTNERSHIPS possible, remunerated. The City of Dartmouth, Nova Scotia's Municipalities are not newcomers to the Task Force on Violence Against Women showed concept of partnership building. On the contrary, immense sensitivity to abused women who par- some municipalities have developed ticipated in their consultations in 1991. Women P P�sophisticated approaches to the process of partnership building who are survivors of violence may have memo- which are successful. As we have already seen, ties of their abuse during such proceedings and the City of Edmonton has designed a successful may require professional intervention at that partnership strategy to respond to domestic vio- time. The task force had the care and foresight fence which is based upon collaboration between to make sure that two volunteers with social its Community and Family Services Department work backgrounds were present and prepared to and the Edmonton Police Service. hear disclosures at each of the consultations.it Increasingly,economics dictate that no one i The Gateway to a Safer City project, initiat- level of government,social service agency or com- ed and organized by the group, Promoting Urban for Women in Quebec, and funded by the Safety for group can tackle an issue such as violence against women atone. Service providers are now Secretary of State of Canada's Women's Program, aware that fragmented service delivery does not demonstrates the importance of involving women's work in the case of large-scale social problems. ' groups to build safer communities for women. Public demand to be part of the decision-making Organisers of the project asked women's groups has also contributed to the creation of partnerships. in 12 municipalities across Quebec to establish partnerships with municipal officials to promote Particularly in regards to violence against women's safety. Between April and June 1993, women, there is increasing awareness that it is these groups mobilized over one hundred city an issue which belongs to the whole community. councillors, city clerks, chiefs of police, police Mayor Mulkewich of Burlington,Ontario states officers, specialists in crime prevention, urban planners, recreation division managers and social that violence in our society is not a women's issue. It's everybody's problem, and the communi- ' workers in cities like Granby,Joliette, Rimouski, ty as a whole has a great stake in preventing all Quebec. Sherbrooke and Valleyfield. forms of violence."13 Organizers attributed the success of these ' groups' mobilization efforts to the fact that"the women's ;coups, women's centres and CALACS 5 , Partnerships have been characterized as Committee to End Woman Abuse. The decision, having the following elements: however, was not consensual, leading to more debate on the new name. To put an end to the • leadership debate, the membership proposed that each mem- • trust and personal commitment ber share the new name with their respective • common vision agency's or organization's board of directors to get • a shared set of beliefs their input. clarity about each partners' strengths and limitations Despite a positive reaction from these boards, • open communication there were still committee members who were • acceptance of differences uncomfortable with the decision. They continued • perceptions of partners as people, not just to air the same concerns expressed earlier. Others, representatives of organizations who had initially resisted the change, through the • shared resources and responsibilities conflict resolution process,decided they could live • consensus building with it because they had expressed all they had to on the issue. Most members were feeling the Conflicts can arise, however, within part- need,a year later,to get on with other business. nerships and are usually based on one or more Finally, letterhead was printed and the committee IL of three issues: trust,competition for funding went on with its work, leaving only two members and/or lack of understanding of the services part somewhat disgruntled with the decision. ners provide and the limitations of these services. The effect of this process, according to one The London Coordinating Committee to committee member, was to clarify"what we were End Woman Abuse (LCCEWA) has confronted all there for in the first place: to reduce violence several conflicts within its partnership of social against women. To do this, we had to name the service agencies and the criminal and family jus- problem ... so that we could develop strategies tice,mental health, medical and social service sec- which effectively reduce it.1114 Committee mem- tors since 1980. The conflict resolution process bets shifted their focus and began to understand which the committee has informally developed the barriers-language could pose for clarity on the has created solidarity among members and provid- issue of violence against women. ed a clearer vision of the partnership. The com- mittee's success in reducing woman abuse has been largely due to this process which is primarily 6 based on letting members air their differences for M O B I L I Z E whatever time is needed to resolve them. THE C O M M U N I T Y By way of example, in 1991,the committee engaged in a long debate over its name. Some To build a safer community for women, a members believed that the name should be municipality must generate support from individ- changed from the London Coordinating Commit- uals, community agencies and organizations. tee on Family Violence to reflect the specific issue The process of involving the community to reduce WIII of violence against women. Other members were violence against women is called community concerned that a name change would result in a mobilization. To successfully mobilize a commu- loss of identity and acceptance by the community. nity to reduce crimes committed against women, the following components are necessary: The committee decided to list all of the alternatives and then vote on what members preferred. The membership formally agreed to change the name to the London Coordinating i. Achievable Goals: the City of Surrey, British Columbia, states that in Surrey, "we call it family violence, and now Simple goals which serve women's immediate we have a council composed of representatives need for safety are an effective way to begin to from different sectors in the community making build a safer community for women. For exam- a difference."18 ple, the first task of Toronto's Safe City Commit- tee was to implement the recommendations of Speaking directly to workers at transition houses the report, The Safe City: Municipal Strategies for and sexual assault services will help to ensure Preventing Violence Against Women, which pro- that the problem of violence against women in posed a"...number of attainable objectives that the community will be named and defined in were clearly expressed in 37 recommendations."15 away that accurately reflects women's reality. i As a result of its clarity and simplicity, City Conducting interviews with women survivors of Council unanimously adopted the report. violence is another way to get closer to defining Proposed recommendations such as free Wen-Do the problem. self defence courses for women and better Light- ing in residential underground garages were easi- iv. Defining the Problem: ly implemented and were small victories which j have spurred the committee onwards towards To effectively mobilize a community on violence bigger challenges.16 against women,a definition of the problem should reflect women's different experience of crime. ii. Involving the Whole Community: Women experience crime differently from men because their inequality makes them more vul- It is important to develop a broad base of support nerable to it. Their vulnerability, in turn, makes to mobilize a community to increase women's them more susceptible to violence in all manner safety. It is equally important, however, to of places (at home, in the workplace and on the ensure that the people involved in efforts to streets) and in a combination of ways (physically, promote women's safety do not have secondary sexually,psychologically,financially and emotion- agendas such as youth violence or elder abuse ally). They are also abused at the hands of insti- which remove the focus from women's safety. tutions they rely on for support and justice. No iii. Naming the Problem: wonder their fear of crime is greater than men's. The term, "family violence", has often been used Any municipal or community mobilization strat- to define violence against women. Some com- egy which is aimed at increasing women's safety munities argue that this term masks the reality must therefore address women's vulnerability, that the majority of people abused in their own domestic and institutional abuse and fear of homes are women. The Canadian Panel on crime. It is only able to do so if the definition of r Violence Against Women states: violence against women is broad enough to reflect women's unique experience of crime. The term, "family violence" was widely used in both research literature and service delivery in the 1970s V. Educating the Media: and 1980s to describe what actually constitutes abuse Due to the very nature of the media itself—daily of women—not family...Using the term,family deadlines, limited space and the challenge of violence, to describe what is overwhelmingly violence editing—media reports frequently fail to provide against women obscures the facts.17 a critical analysis of social issues and events. Some communities may not be mobilized to Stereotypes and attitudes abound which degrade increase women's safety when the issue is called women and support violence against them. violence against women, but may, however, want . Any effective community mobilization strategy to make efforts when the issue is called family to reduce violence against women must involve violence. Councillor Judith Higginbotham from 7 1 ) 1 1 C J' the media and must promote a deeper understand- a mfc rtal le if one lc�, i, much longer or much ing of the links between inequality and violence shorter."19 In other words, the political, cotnmu- in our society. Municipal governments can work nity and staff legs are all required and each must with local press councils to establish guidelines for have an equal amount of responsibility for action ethical reE-,orting on incidents of violence. on women's safety. When Prince Edward Island's Department of Strong political leadership is essential Health and Social Services held consultations for building safer communities for women. with Islanders on their experience of family vio- Ms. Whitzman says: "it helps if your politician lence, the Community Consultation Committee is a strong feminist, a good conciliator and a on Family Violence Prevention, the organizing powerful member of council."20 In Toronto, group, developed clear guidelines for media con- Councillor Barbara Hall has played a critical tact and participation. For each regional consul- role as the committee's advocate in the political tation, releases were provided to all island media realm. She has brought her knowledge of the and personal contact was made, inviting them as political system and a long-term commitment to partners in the process. The media were expected the issue, both of which are essential ingredients to respect general agreements made with partici- for effective political involvement in building pants on personal disclosures during the consulta- safer communities. tion. They were also invited to join discussions as community members. This.media strategy result- Community groups bring to the process ed in responsible media coverage which highlight- knowledge of and experience with the issue and a ed the work of the committee and promoted the sense of urgency. When front line workers share idea of public responsibility for preventing family their stories of women being unjustly treated, violence. other committee members are quickly mobilized to alleviate women's suffering. Community repre- sentatives can also act as lobbying agents and keep 7 the pressure on municipal politicians to reduce MAINTAIN MOMENTUM violence against women. As Ms. Whitzman states: "Community representatives...canlobby neutral or negative municipal politicians from the Once a community is mobilized to build "outside";while the on-board politicians do the a safer community for women, it is important to same from the"inside".21 maintain the momentum generated through the mobilization process. The third essential partner is municipal staff who are efficient and sympathetic to the issue. Carolyn Whitzman, Facilitator of Toronto's Staff's knowledge of municipal administration Safe City Committee,advocates a strong tripar- is extremely helpful when recommendations to tite leadership from politicians, municipal staff increase women's safety require implementation. people and community organizations to ensure In the case of the Safe City reports, there were that initiatives on violence against women are dozens of recommendations which needed to be implemented. One of the chief reasons the Safe implemented by various city departments. "With City Committee works, she emphasizes, is the ineffective staff, these recommendations could leadership it receives from council, the commu- easily have gotten lost, left half-done, or done Hite and staff. badly. With powerful, intelligent staff...the oppo- site happened. Strong recommendations were She uses the metaphor of a three-legged carried out promptly... Weak recommendations stool to describe the leadership of the Safe City were made strong."22 Committee saying that: "the stool will fall down it one leg is missing. The stool will not be 8 S immigrant, other-than-English-speaking and B U I L D A S A F E R disabled groups.24 Currently, one-third of the I COMMUNITY FOR ALL committee's member organizations represent W O M E N immigrant, racial minority, disabled and low- income women. Generally speaking, women have less power than men in our society. Women's social, 9 economic, political and cultural inequality ren- A S S I ST I N der them vulnerable to male violence. That's COORDINATING why any efforts to build a safer community for G O V E RN MENTAL women must promote women's equality. RESPONSES TO Violence is not only linked to gender VIOLENCE AGAINST inequality, however, it is also linked to race,class, WOMEN ability,sexual orientation and age. A woman of color, for example,suffers two forms of inequality: one because of her sex,the other because of the le lack of coordination among levels color of her skin. She is more vulnerable to vio- of government on the issue of violence against fence because she must not only face the fear of women has resulted in fragmentation of services an attack based on sexism, but also the fear of an and funding. There is an urgent need for politi- attack based on racism. cal and administrative structures which foster a j coordinated intergovernmental response to vio- Efforts to increase women's safety must lence against women. take into account the variations and similarities between.women. Municipal strategies to reduce Fragmented funding, in particular, means violence against women must be far-reaching funding that is channelled into many different enough to recognize the inequality which also organizations with different strings attached to it. exists between a white woman and a woman of These strings often prevent community groups colour and to treat the needs of each in ways from doing the work which is really required which acknowledge the single oppression of the because government dollars have been designated former and the double oppression of the latter. for other kinds of work. Women's group repre- sentatives are often in the position of having to In the consultation leading to the City of challenge the funding criteria and, at the same £ Toronto's Safe City Committee's second report, time,do the work that needs to be done. A Safer Ciro: The Second Stage Report of the Safe City Committee, the committee made a concerted The primary reason for this lack of coordina- tion is the vague de effort to meet with over 120 community organi- definition of jurisdictional :ations"which represented... the full range of boundaries among levels of government. Violence ethnospecific agencies, community organizations against women crosses all of these boundaries and and neighK-)urhood groups actually working on therefore compels governments to clarify their the prevention of violence in Toronto...".23 obligations to women. One of the greatest frustra- tions women reported to the Canadian Panel on The committee had also become concerned Violence Against Women was"...the lack of clari- about the dearth of women who represented the ty about jurisdictional responsibility and lack of city's diversity within its own membership. One co-ordination among jurisdictions in dealing with of the key recommendations in the second report violence against women. Repeatedly, (the Panel) set criteria for committee membership which heard that jurisdictional disputes have blocked included women from Native, racial minority, action that was urgently required.1125 9 The Cities of Regina and Dartmouth both By shifting priorities, there are many steps underscore the importance of intergovernmental municipal governments can take to reduce vio- collaboration in their safer communities task force lence against women which are within the para- reports. In Regina: A Safe and Caring Community, meters of their existing budgets. the City"calls for collaborative efforts by the three levels of government,community agencies �n the area of urban design, for example, and individuals.1126 The City of Dartmouth Task muni�.ipalities can hire planners who already Force recommended that Dartmouth City Council have an understanding of women's safety needs. Existing funds for professional development can establish a committee (to organize and coordinate be used for sensitivity training on violence against local activities and services related to violence against women in departments which have direct contact women), composed of representatives from the with ¢he public such as social services,housing municipal government, a designated provincial and r-creation. Municipal by-laws to regulate the representative and a designated federal representative display of sexually violent material reduce cultural (along with representation from numerous violence without costing municipal governments community organizations...in order) to determine any money. the level of commitment of each government and create opportunities for change.Z7 A municipality can also become a partner in " )cal crime prevention council which places a i- :,h priority on building a safer community for 10 wozacn. Municipal representatives contribute MAKE WOMEN ' S SAFETY sim > y by being a partner because they lend cred- A PRIORITY ih;'i r y to these partnerships for funding purposes. P1 viding in-kind services to the council, like p- tocopying, is an excellent way for municipal In _��-iers to support violence against women pre- an era of shrinking budgets, all Levels of ve��"on. They can also use their contacts in the government are limiting their spending. Incre- c( munity to raise funds from local service clubs ingly, the federal government is cutting back funds w t i urofessional associations. to social programs. Provincial governments are receiving less money in federal transfer payments Municipalities can also make recommenda- im health and social services. This lack of funds tion_ to other institutions and levels of govern- has resulted in provincial and federal responsibili- ment to improve women's safety without any ties being downloaded to municipalities. resulting costs. For example, the City of Toronto budgets al bud approved a recommendation to encourage the Despite the fact that municipal g Toronto School Board to include Wen-Do train- are severely strained as a result of this trend, ing in the educational program for all young Councillor Diane Holmes from the City of women. They also adopted the recommendation Ottawa says that: to request the Ontario Minister of Housing to embark on an advertising campaign on tenant downloading cannot be used as a reason for munici- safety. pal governments to cut back on initiatives to reduce violence against women. Municipalities cannot shirk The City of Toronto also recommended to responsibility for these issues by saying there is no the Metropolitan Police Commission that they money. It is a matter of priorities and municipalities work with City planners to determine what site are going to have to shift priorities to respond to what information should be recorded in assault reports has truly changed in our society. There is more vio- in order to develop a database for safe design lence. There are more and more reports of women guidelines.29 This proposed strategy could increase being assaulted and abused. We have to reallocate women's safety and cultivate interdepartmental kil municipal dollars to respond to women's safety.28 10 liaisons in Toronto without significant increases in costs. Partnerships among municipal depart- ments can be an excellent way to cut costs through the sharing of responsibilities and resources. CONCLUSION _ R f� Building a safer community for women is a challenge for municipal governments. Breaking down the task into ten steps may facili- tate the process.Together with strong municipal leadership and commitment, it can be just the tool that makes the difference. It is FCM's hope that this handbook pro- vides guidance to municipal leaders in their efforts to reduce violence against women. It is also our hope that Canadian women will,one day, be safe on the streets, in the workplace and in their homes so that they can fully participate in all aspects of our society. tt E N D N O T E S 11. Dartmouth Task Force — Violence Against Women Report, March 2, 1992, Appendix A, p. 2. 1. Changing the Landscape: Ending Violence — Achieving Equality, Final Report of the 12. Developpement quebecois de la securite des Canadian Panel on Violence Against femmes en milieu urbain (DQSFMU) Women, Ottawa, 1993, P. 4. (Promoting Urban Safety for Women in Quebec), Report on Year I, Gateway to a 2. City of Burlington: Mayor's Report No. 12, Safer City project, Montreal,January 1994, August 30, 1992, p.2. P. 10. 3. City of Winnipeg: Winnipeg Safe City 13. City o f Burlington: Mayor's Report No. 12 Committee, Recommendation 96,June 1, Aug. 30, 1992, p. 2. } 1993. 14. Telephone conversation between 4. Ibid., Recommendation 98. Jan Richardson, member of the London Coordinating Committee to End Women 5. Women's Safety Audit Guide, the Metro Abuse, and Deborah Gordon, Ottawa, Action Committee on Public Violence September 1993. Against Women and Children (METRAC), Toronto, 1992, p.2. 15. Carolyn Whitzman's Presentation at the Federation of Canadian Municipalities' 6. Susan McCrae Vander Voet's Presentation Ontario Regional Seminar on How to Make at the Federation of Canadian Our Communities Safer for Women, Ottawa, Municipalities'Ontario Regional Seminar June 1993, p. 2. on How to Make Our Communities Safer for Women, Ottawa,June 1993. 16. Ibid. 7. Moving Forward: Making Transit Safer for 17. Changing the Landscape: Ending Violence— Women, the Toronto Transit Commission, Achieving Equality, Final Report of the Metro Action Committee on Public Canadian Panel on Violence Against Violence Against Women and Children Women, Ottawa, 1993, p. 6. (METRAC) and the Metropolitan Toronto Police Force, Toronto, 1989, p.10-11. 18. The Federation of Canadian Municipalities' Western Regional Seminar on How to 8. A Safer Winnipeg for Women and Children, Make Our Communities Safer For Women, Winnipeg, Manitoba, 1991, p. xi. Edmonton, Alberta, August 1993. IL 9. Women Killing: Intimate Femicide in Ontario 19. Carolyn Whitzman's Presentation at the 1974 - 1990, by Maria Crawford, Rosemary Federation of Canadian Municipalities' Gartner and the Women We Honour Ontario Regional Seminar on How to Make Action Committee, 1991. Our Communities Safer for Women, Ottawa, June 1993, p. 5. 10. Safer Cities Initiatives, Edmonton Police Service &Community and Family Services, Family Violence: Follow-Up Team Demonstration Project Research Report and Findings, Edmonton, November 1992, p. 2.3. 12 20. Ibid. 21. Ibid. 2 . 2 Ibid., p. 6. 23. Ibid., p. 3. 24., The Safe City Committee, "A Safer City, The Second Stage Report of the Safe City Committee", City of Toronto, Planning and Development Dept., Toronto, 1991. 25. Changing the Landscape: Ending Violence— Achieving Equality, Final Report of the Canadian Panel on Violence Against Women, National Action Plan Section, Ottawa, 1993, P. 91. 26. "Regina: A Safe and Caring Community", A Process for Developing a Community- Wide Strategy on Urban Safety and Crime Prevention, Report prepared by Ronald Hoenes for the Project Steering Committee, Regina, November 1990, p. 1. 27. Dartmouth Task Force—Violence Against Women Report, March 2, 1992, p. 5. 28. Telephone conversation between Councillor Diane Holmes, the City of Ottawa, and Deborah Gordon,Ottawa, August 1993. 29. The Safe City: Municipal Strategies for Preventing Public Violence Against Women, Adopted Sept. 19, 1988 by Toronto City Council, p. 15. 13 COUNCIL INFORMATION I:g J'he,wt`ve. e Rte 'Reu , 47 November 25, 1994 Your Worship and Council Members: On behalf of the Recycling Council of-Ontario, Crucil and l would.like to.thank you for participating in Waste reduction Week 1994. By proclaiming Waste'Reduction Week in your community, you voice your concdrn and-d-s up port for the 3Rs. Waste Reduction Week 1994 was a great success. Nearly.100 communities. throughout the:province proclaimed Waste Reduction.Week. ..The RCO kicked off the week with a'REVAMP Fashion Show: Recycled Fashions for the 90"s.: This exciting, high energy event alone received coverage on six:television`broadcasts and two features in the Toronto Sun and the Toronto Star. ALI Throughout the.province, communities like yours were very involved, organizing activities such as driveway.give-aways, community clean-ups, school education" programs, workshops, composter sales;and a variety of contests. Thank you again for.joining us in making Waste Reduction Week a tremendous success.. We look-forward to working with you again.next year! Yours sincerer U E ION .;� i ----------- P. Moira Rosser n .--._. Outreach and Waste Reduction Week'Coorduiator f r Ontario �•� .... ._.... ' ominia, R .0 <v> RI muscle Recycling Council 4 Ont ario 489 College Street• Suite 504 • Toronto,Ontario •M6G IA5 • 1-800-263-2849.• Fax: 416-960-8053 •.WRW Hotline: 416-960-8804 P+1nturv;cc.. '- e Joronto Real(state hoard and paper courtesy of Dorntar Specially Fine Papers,St Catherine,,,Ontario. this paper contains 100%post-consumer recycled fibres. " COUNCIL INFORMATION I-9 Urban Development Institute/ONTARIO AGENDA December 8, 1994 i+ ; Municipality of Clarington DEC 1 6 i 9A 40 Temperance Street Bowmanville, Ontario L1C 3A6 Mayor and Members of Council: We are writing on behalf of the Urban Development Institute, Durham Region Chapter to congratulate you on your recent election as the Mayor and Council of the Municipality of Clarington. The Urban Development Institute acts as . a unified voice for the real estate development interests in your Municipality. We have enjoyed ongoing dialogue with your Council and Staff for quiet sometime and hope that as you begin your new term in office you will keep in mind that we are always available as a sounding board for new policy initiatives which effect development. We look forward to working with you as a Local Council and also with those who are serving as Regional Councillors. If you feel that we can be of assistance in any related matter, please do not hesitate to call. Yours truly, URBAN DEVELOPMENT INSTITUTE DURHAM REGION CHAPTER -/ �, �� a Thor Ekl d G r d Ge vain GG:sw gg047.doc L-0 C 1100 EGLINTON AVENUE EAST DON MILLS ONTARIO M3C 1H8 (416)449-4553 • FAX(416)449-4588 MUNICIPALITY OF CLARIPJGTON NEWCASTLE COMMUNITY HALLN�HR�NFORMATION I-10 Minutes of a meeting of the Newcastle Community Hall Board held on November 21 , 1904 at 7 : 30 pm in the Council Chambers Present Were : R . B . Rickard S . Dejong C . Abraham A . Bate W. Woo Absent Were : A . Draslinski D. Scott 1 . MINUTES Moved by C. Abraham, seconded by W . Woo THAT the minutes of the meeting held on October 17 , 1994 be approved . "CARRIED" 2 . No response from Pentecostal Church , it was decided to hold until January meeting . 3 . FLOORING ;loved by S . Dejong , seconded by A . Bate THAT flooring in old library be done over the Christmas holidays by Higgins , unless F. Horvath has good reason to recommend Visser . "CARRIED" 4 . R . B . Rickard concerned that repairs to Auditorium not in Municipality ' s 5yr plan , should we be planning to fix it all ourselves? Secretary to call town treasurer regarding dollars in the Montegue Fund and report to board at next meeting . 5 . BILLS Moved by C . Abraham , seconded by . A . Bate- IL THAT all bills but C . Abraham' s be paid as presented . "CARRIED" Moved by A . Bate , seconded by S . Dejong THAT C. Abraham ' s bill be paid as presented . "CARRIED" R . B. Rickard left meeting at 8: 10 pm 6 . TREASURERS REPORT Moved by S . Dejong , seconded by C. Abraham THAT treasurers report be accepted as presented . "CARRTRII�' Vage L 7 . S . Dejong reported that liquor dispenser needs " check at liquor store . R.B. Rickard back to meeting at 8 : 30 pm W. Woo suggests we check into PST exempt number Auditorium floor - quote will be ready for December meeting , should be done in Janu ary December safety inspection to be done by C . Abraham. 8. CORRESPONDENCE Optimists request to have Centennial Room windows opened declined as they have been closed over SO yrs , also room has drop ceiling and windows are above it so breeze would not come into room. Historical Society (P. O ' Donnell) reports they are still using Centennial Room storage room, but do not need glass cabinets or soom of the draws. Optimists have been allowed to use cabinets and some drawers . Youth Room - groups are responsible for day to day clean uP ► 9. Contracts and rent fees to be handled by committee made up of W. Woo , C. Abraham, and G. Worsley. Committee to report recommendations at December meeting . Job descriptions - S . Dejong will get caretakers ' and secretary will do hers . A. Bate and G. Worsley to look into new typewriter . Budget to be discussed at next meeting . 10. Adjourned 9 : 30pm Christmas to played same as 1993 . Elections and appointments to be run in December . co • �� COUNCIL INFORMATION 1 unites Ontario,municipalities Association of Municipalities of Ontario DEC IJ (? �� I' l r9q December 6, 1994 To the Head and Members of Council: Re: Vacancies on the AMO Board of Directors As a result of the November 14th municipal elections, there are five vacancies among the director-at-large positions on the AMO board of directors. Section 3.7 of AMO's governing by-law states that "A vacancy or vacancies among the elected directors on the board of directors may ... be filled by the directors from among qualified persons if they shall see fit to do so, subject always to the representation criteria for elected directors set out in section 3.1 hereof..." Section 3.1 of the e:by-law states that the 17 directors elected-at-large: g "... must include fourteen (14) elected officials of Member Municipalities, of whom at least two (2) shall be from each of the six (6) zones of the Corporation, and three (3) employees of Member Municipalities." In keeping with the by-law, three of the vacancies must be filled by a member of a municipal council from a municipality within the following zones: Zone 3 - Municipality of Metropolitan Toronto Zone 4 - Regions of Halton, Hamilton-Wentworth, and Niagara Zone 6 - Region of Sudbury, Districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay, and Timiskaming The remaining two vacancies may be filled by elected officials from any zone. If any member of council is interested in serving as a director on the AMO Board, please notify AMO of your interest in writin t?prior to January 31, 1995. The AMO Board will be selecting directors from those who have indicated such an interest at its next meeting, on February 24, 1995. For more information,please contact Doug Raven,AMO's Executive Director, at(416)929- 7573 or fax (416) 929-7574. 2i0 Bloor Street East - Suite 701, Toronto, Ontario 1\144 110 - Telephone(416)929-757.3 - Fax 14161 929-7;74 A4Un i ci a A 0 Association of Municipalities of Ontario 250 Bloor St. Eau, Suite 701 ALERT . Toronto, Ontario M4W 1E6 Tel. (416) 929-7573 • FAX (416) 929-7574 For immediate attention BILL 173 APPROVED BY THE LEGISLATURE The Issue: Update on the_status of Bill 173, the Long-Term Care Act The Facts: the November 15 1994 Muni ' Alert to municipalities on the Lon&Term Care Act (Bill 173), In , opal P AMO urged municipalities to indicate to the Government their support for AMO's position on Bill 173. At that time,Bill 173 was undergoing clause-by-clause review by the Standing Committee on Social Development and there was still an opportunity to place further pressure on the Government to amend the legislation. Bill 173, the Lon g-Term Cane Act, allows for a number of reforms to Ontario's system of providing long-term care at home. AMO, along with a number of organizations, have.argued that Bill 173 will not achieve a number of Important consumer requirements such as easier access,more services, improved coordination and the continuation of support for services provided by families and volunteers. There are a number of other issues regarding implementation of the Bill which also need to be addressed. Although the Association received support for it's position from about 100 municipalities, Bill 173 received Third Reading on December 7, 1994 without incorporating any of the amendments recommended by AMO and others. In light of a time allocation motion passed on November 17th which essentially limited the amount of debate on the Bill, passage of Bill 173 before the end of this session of the Legislature was expected this is generally done soon However, before Bill 173 takes effect, rt must be proclaimed. While g y after Third Reading, in the case of Bill 173, the anticipated date for proclamation is early April 1995. The reason for the delayed proclamation date is that a number or regulations have to be put in place for the new system to operate. Ministry of Health staff will need time to consult with affected stakeholders prior to the drafting of the regulations which need to be proclaimed at the same time as the legislation. Municipal Alert BILL 173 Approved by the Lqdslature AMO's Continuing Work on Bill 173 and Long-Term Care Reform Earlier this year,AMO requested that the Minister of Health establish formal provincial-municipal discussions on long=term care reform. The Association has been increasingly concerned with the r 4 lack of information being distributed about the reform to municipalities-and the corresponding limited opportunities for input from the municipal sector on changes which will have far-reaching impacts on municipal government. In response,the Minister agreed to establish an AMO/Ministry of Health liaison committee at the staff level,and also proposed that political discussions take place at the regular provincial-municipal consultation meetings with the Minister of Municipal Affairs. The Ministry of Health-AMO Staff Liaison Committee on Long-Term Care held its first meeting on December 6, 1994. The committee will be developing terms of reference which will be based on the following key areas: • Bill 173: multi-service agencies and community support services (e.g. discussion of regulations, preparation of a communications package for municipalities,implementation issues,impacts on municipalities, municipal sponsorship of the MSA, etc.). • Phase III of reform which will include legislation to consolidate funding provisions for facilities and repeal sections of the Municipal Homes for the Aged and Rest Homes Act. Policies which will be reviewed during this phase include the mandatory involvement of municipalities in the operation of a home for the aged and municipal capital funding. • Facility funding issues such as red-circling. • District Health Councils and their relationship to municipalities in the implementation and planning of long-term care reforms. • Implications of the mental health reforms. • Support and care needs.of individuals in unregulated residential accommodation (Lightman Commission's report). • Implications of hospital restructuring on long-term care facilities. The Staff Liaison Committee will be jointly .chaired by the Ministry and AMO. Geoff Quirt, Executive Director, Long-Term Care,Division, Ministry of Health will be the Government's chair. Dr. Robert Kyle, Commissioner and Medical Officer of Health, Region of Durham and Mark Mieto, Director of Health and Social Services, Region of Sudbury will jointly chair on behalf of AMO. Also represented on AMO's side are Janice Mills, Administrator, John Noble Home, City of Brantford/County of Brant; Sandra Pitters, Assistant General Manager, Homes for the Aged Division, Metro Toronto; John Flick, Director of Homes for the Aged, County of Grey; and Victoria Earle, Director of Services for Seniors Branch, Region of Durham. . On December 9th, as part of the Association's regular consultation meeting with Minister Ed Philip, AMO representatives will be meeting with Ruth Grier to discuss long-term care reform issues. AMO will provide regular updates to municipalities on the work of the staff liaison committee on long-term care reform. For further information contact: Joanne Meddaoui, Policy Analyst (416) 929-7573 Munircirpal Association of Municipalities of Ontario 250 Bloor St. East, Suite 701 ;ALERT Toronto, Ontario M4W 1E6 Tel. (416) 929-7573 • FAX (416) 929-7574 For immediate attention QUESTIONS AND ANSWERS ON THE STATUS OF PLANNING REFORMS The Issue: Status of Bill 163 and the Work of the Implementation Advisory Task Force on Planning Reforms fik The Facts: Q: What is the status of Bill 163? A. On November 28, 1994 Bill 163 received Third Reading with debate limited-to only one hour due to the introduction of a time-allocation motion by the Government House Leader. As indicated in an earlier Municipal Alert '(dated October 17, 1994) nearly one half of AMO's recommendations for amendments to the Bill, on planning reforms, were adopted. A final version of the Bill will be distributed buted to all municipal clerks and ea of planning departments following Royal Assent prior to the end of this year. A consolidated version of the Planning Act.will be available at the education and training sessions (see page 3). Q: When will the Bill be proclaimed? A. The Government is currently working on a target date of March 1, 1995 for the proclamation and implementation of the planning reforms. This means that the policy statements, Planning Act amendments, regulations and implementation guidelines will not come into effect until that time. amendments in Bill 163 (dealing with open meetings, etc. and the new The Municipal Act amendm ( g pe gs, ) Ontario Planning and Development Act (providing the Province with the mechanism for developing, modifying and managing provincial development plans such as the Parkway Belt West Plan) will be proclaimed on January 1st, 1995. The new Local Government Disclosure of Interest Act will not be proclaimed until several months into 1995 (expected in April). This is because the legislation requires that a Commissioner be appointed and the Ministry of Municipal Affairs expects it will take 90 days to appoint and establish the office of the Commissioner. December 9, 1994 1/3 Municipal Alert: Questions and Answers on the Status of Planning Reforms Q: What is the Implementation Advisory Task Force on Planning Reform? 4 AMO representatives have been serving on the Minis of Municipal Affairs' A: Since June 199 , p g �'Y P multistakeholder Implementation Advisory Task Force on Planning Reforms (IATF), chaired .. by the Provincial Facilitator, Dale.Martin. Joining AMO at the table are representatives from } the development and homebuilders industries, and environmental groups. In addition to this Task Force, a Technical Advisory Committee and a Rural Table provide added technical input to the Task Force. The role of the .Task Force is to provide advice to the Province on the implementation guidelines and regulations which will accompany the policy statements-and legislation, as well as to provide comments on development of an education and training strategy. In cases where there is no consensus amongst the stakeholders, the final decision will be made by a committee of Provincial Deputy Ministers. However,it is important to emphasize that the Task Force does not have the mandate to comment on the policy statements or the legislation. The policy statements have been approved by the Provincial Cabinet and were released simultaneously with Bill 163 in May, 1994. As indicated earlier, they will come into effect. when the Bill is proclaimed on March 1, 1995. g The Association's representatives are participating in this process to provide the municipal perspective in the development of the implementation guidelines and regulations. However, their participation does not imply that the Association or its representatives are giving their. full endorsement to the guidelines and regulations. Q: When will the regulations be finalized? A. The Province is proposing to complete the regulations on the following priority.areas by January 30, 1995:notice requirements for public meetings;complete application requirements for official plan and zoning by-law amendments, plans of subdivisions and consents; mandatory contents of official plans; and the first set of counties that will be prescribed to prepare a plan. Some municipal representatives have requested that the regulations be distributed in advance of their promulgation so that they can.update their procedural manuals and by-laws before the regulations come into effect. The Ministry of Municipal Affairs has not supported a delay in the implementation date for the regulations. In an effort to address the municipal requests, AMO is working with the Ministry to facilitate the circulation of a copy of the regulations in the first week of February (that is, before they appear in the Ontario Gazette on March 1, 1995). When will the implementation guidelines be available? Q �P l� A: The implementation guidelines will be available by March 1, 1995.The guidelines will indicate 1 that the Implementation Advisory Task Force will be monitoring and reviewing these guidelines throughout the year and will encourage feedback and input from users on needed changes and amendments. This will provide an opportunity for all users to review the guidelines in the context of the other parts of the planning reform package, and establish a process to amend the guidelines if needed. December 9,1994 213 Municipal Alert Questions and Answers on the Status of Planning Reforms Q: What will be the status of the implementation guidelines? A: AMO strongly ontinues to maintain that implementation guidelines should only have an �Y P advisoxy status.AMO representatives have called for written statements in the guidelines clearly indicating their advisory nature.The Ministry has aggr d with this position and will be sending out a clear message with the guidelines that they are advisory only. rmation about the reforms? Q: How can I get more mfo plamm�g A. The Province is developing an education and training strategy which will be delivered through the MMA Regional Offices. In addition, Regions and Counties that are willing and able may also take on this role. The education and training strategy will cover the legal essentials for those involved in the planning process (e.g.,upper-tier municipal officials who will become the approval authorities and inter-ministerial staff) as of proclamation date. The training material will include the consolidated Planning Act, regulations, policies, implementation guidelines, forms and a plain language communications plan. The training program will also involve information on the process for official plans and amendments, zoning bylaws, subdivisions, consents, minor variances, etc: the new role for councils, public participation, a checklist for practitioners. In addition there will be examples of best management practices. Although there will be an intensive effort to train priority clients (which would include municipal officials) until March 1, 1995, education and training will be an ongoing program with a wider client base until the end of 1995. For more information on the education and training program please contact Sue Corke,Director,Office of the Provincial Facilitator, MMA at (416) 585-6745. For further information contact: Babak Abbaszadeh, Policy Analyst (416) 929-7573 December 9 1994 3/3 f A& ...unites Ontario's municipah6es Association of Municipalities of Ontario December 1, 1994 The Honourable Lloyd Axworthy Minister of Human Resources Development Office of the Minister 14ieme etage, Phase 4 140 Promenade du Portage Hull, Quebec K1A OJ9 Dear Minister: On behalf of the Association of Municipalities of Ontario (AMO) I am pleased to submit the following response to your discussion paper,Improving Social Security in Canada. In a previous correspondence I outlined some of the Association's initial concerns about the paper, particularly those related to the very limited and hastily planned consultation period which is occurring during municipal elections in Ontario.As I noted in that correspondence, it is unacceptable to our Association that municipal councils in Canada's largest province and with the most extensive involvement in social services have not been able to formally provide input on the options which could lead to a major overhaul of our social security programs. The Association supports the reform of our social security system and the modernization of programs to meet current and future social, economic, labour market and learning needs and that this restructuring must occur within an environment of fiscal constraint. However, social security program costs are neither the cause of nor the answer to the federal deficit and debt situation. Our financial challenges demand changes in federal fiscal and monetary policies, and a focus on job creation and full employment. These are the best public policy tools for reducing reliance on and the costs of social security programs. Ensuring the availability of jobs for Canadians must be a social policy priority. Our Association believes it is imperative that your discussions on reform options recognize that in Ontario responsibility for a major portion of our social security system is shared between all three orders of government -- federal, provincial and municipal. The extensive financial, management and delivery involvement of municipalities in social assistance, employment, and child care programs should not be overlooked,and indeed,this experience should be drawn on to inform the evaluation of options for reform. During the past several years, discussions have been under way in Ontario towards reforming many of our province's social programs.The Association participated extensively in these discussions and worked closely to advocate municipal interests with the Ontario Municipal Social Services Association (OMSSA) which represents the municipal social services professionals who manage and deliver programs across the province. We have continued our collaboration with OMSSA in the review of your discussion paper; while ....2 2 S0 Bloor Street East • Suite 701,Toronto, Ontario M4W 1 E6 • Telephone(416)929-7573 • Fax(416)929-7574 The Honourable Loyd Axworthy Pa 2/5 Minister of Human Resources Development December 1,19% L' Ontario's reform initiatives have not proceeded, a lot can be learned from these past discussions and the progress made in particular on working out a more effective framework of government roles and responsibilities. Our response is outlined below in two arts. First, the Association full endorses the P P Y OMSSA Response Paper,Investing in People:A Shared Responsibility, which clearly outlines the policy and program issues which must be addressed in the reformulation of our social security system. In summary the main points are: • A call for a debate on the establishment of a set of values and priorities for reform, and that guiding principles for reform should be uniformly applied to all options. In addition to the questions raised in OMSSA's paper concerning the need for input on values and priorities, AMO suggests that the principles of universality versus the targetting of programs need to also be added to this debate. • The establishment of a framework for managing our social security system which outlines a division of government responsibilities that recognizes areas of exclusive and shared jurisdiction. As three orders of government, it is our responsibility to clearly establish our mutual roles to avoid duplication and to ensure that each responsibility is carried out by the appropriate level of government. • The need to establish national standards and criteria that will provide a "core" or r minimum level of service to all Canadians. • Reform of the CAP funding approach towards more flexible arrangements to allow for unique policy and program approaches in different provinces. • The effective integration of related social programs towards achieving cost savings, reducing duplication, and providing "one-window" access for citizens. Further to and building on these points which AMO supports, the Association submits the following recommendations: The Federal ovemment must adopt as a principle the air treatment o all provinces. This g P P P f f P means an end to the off-loading of the federal debt to the provinces and fair fiscal anwgements for Ontario. Ontario municipalities contribute over half-a-billion dollars annually to social services programs. Through successive social assistance reform discussions in Ontario, a consensus has been emerging that the property tax base is ill-suited to fund essentially open-ended and income-redistributive programs. Provincial-municipal negotiations during the past few years have attempted to develop a plan for reforming these funding arrangements,however, largely as a result of the announcement of the major federal review, this process was halted. Consequently,municipalities will continue to have a significant financial stake in these social services programs during the next few years. We must therefore be cognizant of the fact that changes in federal-provincial funding arrangements, or programs such as Unemployment Insurance (UI), will have an impact on municipalities. For example, the changes in Unemployment Insurance made in 1991 which reduced the benefit period for UI recipients clearly resulted in increases in GWA caseloads. The changes to UI contemplated in the discussion paper will inevitably result in the social ' assistance system having once again to meet shortfalls created by cutbacks in federal benefits. The Honourable Lloyd Axworthy Page 3/5 Minister of Human Resources Development December 1,1994 The deficit-reduction emphasis in your consultation paper suggests that Ontario may be faced with further reductions as the federal deficit is off-loaded onto the provincial governments. This emphasis is also evident in Federal Finance Minister Paul Martin's economic statement to the House of Commons Finance Committee where he stated that the Government "will do anything necessary" to meet its promised interim goal of reducing the deficit to three per cent of the gross domestic product by 1996-97. While no reduction targets have been set, it is clear that your Government is seeking significant savings in the range of $7.5 billion over the next five years. Much has already been done to reduce the federal deficit on the backs of Ontario taxpayers. The cap on the Canada Assistance Plan cost Ontario $400 million in 1990/91, $12 billion in 1991/92 and $1.7 billion in 1992/93. This off-loading of the federal deficit has placed considerable strain on provincial budgets. Municipalities have already witnessed the pressures of these reductions in federal transfers to Ontario. In 1993, we experienced the most significant reduction in provincial transfers to municipal governments in Ontario's history, and a key reason for this was the shifting of the federal deficit onto provincial governments. Minister, federal efforts to reduce costs and the federal debt on the backs of provincial and municipal governments do not work in the best interests of the common taxpayer that all three orders of government serve. It is our responsibility as governments that we recognize that the shifting of financial problems does not address the overall debt-burden of Canadian taxpayers. As representatives of the municipal level of government and as representatives of Ontario citizens, municipal governments believe that the Federal government must adopt as a principle the fair treatment of all provinces. This means an end to the off-loading of the federal debt to the provinces and fair fiscal arrangements for Ontario. Social securi ty reform must involve tri-level discussions in Ontario between all three onlers of government --federa4 provincial and municipal Ontario municipalities, unlike most other provincial jurisdictions are extensively involved in funding,managing and delivering many of the services under review(welfare,employment services, child care). As stated above, the deficit reduction focus of the your Government's proposals will likely have significant financial implications for the Ontario Government and municipalities.We therefore believe that it is imperative that in Ontario,tri-level discussions are required if we are to both recognize the impacts of reform options on municipal governments and meet the principles for reform advocated in your paper. Furthermore, the public perception that governments do not cooperate with one another, and that consequently there is a great deal of waste and duplication in the provision of public services must be addressed. Our common taxpayer demands that the three orders of government collecting and spending tax dollars should collaborate to ensure the most effective and wise allocation of limited resources. i The Honourable Lloyd Axworthy Pa 4/5 Minister of Human Resources Development December 1,1994 The Canada Ontario Infrastructure Works Program is an excellent example of the positive results that can be achieved when all three orders of government work together. We can build on that unique and successful experience through tri-lateral discussions and cooperation in this most important endeavour. r Federal, provincial and municipal governments in Ontario need to cleariy establish the appropriate division of government roles and ressponsibiWes for our social security system. Building on the framework for managing our social security system recommended by OMSSA, the Association believes that it is imperative that the three-orders of government work together to develop a division of responsibilities which ensures the most effective and efficient delivery of our social security programs. We are concerned that the discussion paper establishes the objectives of affordability and more efficient management,yet fails to recognize the importance of role clarification in achieving these. We support that it is the responsibility of the Federal and Provincial levels to establish the broad goals,legislation,and funding of programs,and that policy and program design should be a shared responsibility between municipalities and the provincial government in Ontario. During the past several years, AMO has advocated a number of principles for determining which level of government should plan, manage and deliver social services: • Provide efficient and cost-effective services • Integrate health and social services with related programs • Integrate and coordinate social and economic policies at the local level • Identify and monitor local trends and needs • Establish intergovernmental and public-private sector partnerships • Involve community in decision-making • Provide community-based and responsive services • Reduce barriers to services • Create linkages with community agencies, advocacy groups and consumer groups Based on these principles and extensive background research and consultation with municipalities across the province, the Association developed a policy position known as the "municipal option". The position basically advocates that municipal governments should be considered the first option for accepting the responsibilities of program planning, management and delivery, and that ultimately municipalities should be involved in deciding how programs should best be provided in their communities. The Association has argued that in most cases municipalities are best suited to accept these roles and meet the following objectives: • provincial policies should be implemented at the local level in a manner that is best suited to meet local needs; • the delivery of services should be performed by the lowest level of government that makes economic and administrative sense; • the social services system should build on existing structures•towards reducing the complexity and costs of government; and ' • government's should develop the most efficient,effective,simplified,and accountable planning, management and delivery system for the taxpayer and the consumer of services. , The Honourable iJoyd Axwort6 Y Page 515 Minister of Human Resources Development December 1,19% There are many objectives and issues outlined in your paper which correspond to the principles and objectives advocated by AMO: • The need for flexibility nd the tailoring of programs, and the recognition that "off- the shelf' and "one-size-fits-all" programs do not work. L • Better management and results-oriented programs are re q uire d, and ri gid rules and procedures should be eliminated. • Community and local leadership is required within a framework of broad goals established by senior governments. • The option of"single window" offices for the delivery of related programs should be investigated. There are several initiatives in Ontario which demonstrate how federal-municipal cooperation can improve the delivery and integration of services. For example, London's "Clear Project" is involving federal UI staff and municipal social services staff working together to coordinate service delivery to clients who move between the federal and municipal programs. Initiatives such as this one illustrate the potential for greater coordination in the delivery of related programs with the benefits of reduced administration and better service provision to the client. For all of the reasons noted above,AMO recommends that the reform of our social security system must involve federal, provincial and municipal governments in Ontario determining an appropriate division of government roles and responsibilities to meet the principles and objectives established for reform. We thank you for the opportunity to provide our comments and.look forward to discussing this initiative further with you and representatives of the Ontario Government. Yours truly, ka�, Bill Mickle President CC. All Ontario MP's Bob Rae, Premier of Ontario Ed Philip, Ontario Minister of Municipal Affairs Stien Lal, Ontario Deputy Minister of Municipal Affairs Ian Fawcett, Chief of Staff, Ministers Office, Ontario Ministry of Municipal Affairs Tony Silipo, Ontario Minister of Social Services Rosemary Proctor, Ontario Deputy Minister of Social Services Laurence Mawhinney, President, Federation of Canadian Municipalities Ian Turnbull, President, Ontario Municipal Social Services Association �/AMO member municipalities (Ontario) ELI lk pd Association of Municipalities of Ontario 250 Bloor St. Eau, Suite 701 Toronto, Ontario M4W 1 E6 DECEMBER 1994-VOLUME 2 NUMBER 11 Tel. (416) 929-7573 • FAX (416) 929-7574 Hi MEETINGS WITH provided by families and volunteers, advised that the actions of the federal we are not convinced that the proposed government, particularly the potential CABINET MINISTERS: multi-service agency (MSA) will for federal cuts, would be a key factor MONTHLY achieve these important consumer affecting the Ontario Government. requirements. ROVINCIAL-MUNICIPAL AMO provided comments on the In her response to President December 5th unconditional transfer CONSULTATION Mickle's comments, Minister Grier payment announcement, and MEETINGS regretted AMO's opposition to the MSA indicated that we were pleased that the approach but advised that there will be Government had chosen to make the a great deal of flexibility at the local announcement relatively early and that level in terms of the types of MSA's that there would be no cuts to funding levels meeting with Ministers will be established. The Health for 1994. However, we advised.that • Minister shares AMO's concerns municipalities were still awaiting the hilip and Grier regarding the impacts on staff and arrival of 1995 road grant funding collective agreements, and assured allocations. The Minister was unable WMO representatives met with the AMO that affected employees would to provide a clear answer on when Honourable Ed Philip,Ministerof be protected. AMO was also advised municipalities.could expect to receive Dunicipal Affairs, on December 9th to that the Health Minister is interested in this information, however he scuss ongoing issues of concern to looking at a number of MSA models. committed to do his part to speed up municipalities. The Honourable Ruth She suggested that this is one issue the process. On a related issue,AMO E eder,Minister of Health,also attended which should be discussed by the Staff raised the question of whether the meeting to discuss the recently Liaison Committee. Association would. be included in ed long-term care legislation: pre-budget consultations to be As this was the last consultation conducted by the Ministry of Finance. IAMO President Bill Mickle opened meeting of the year, Minister Philip Minister Philip agreed to advise the s remarks to Minister Grier by provided an overview of the various Minister of Finance that AMO should. indicating that AMO was pleased that issues which the Ministry and AMO had' definitely be a participant in the I cde Staff Liaison Committee on addressed in 1994 noting that it had pre-budget consultations process.' ng-Term Care had been struck. He been another challenging year.- In icated-that while it would provide a looking forward to 1995,Minister Philip useful forum to discuss the plementation of long-term care form in Ontario, AMO would continue to use the regular jovincial-municipal consultation eetings for discussions at the political vel. Minister Grier agreed that regular meetings with her to discuss tuseful.g-term care implementation would OUR OFFICES WILL BE CLOSED kPresident Mickle reiterated AMO's FROM DEC.26th to DEC.30th 1994. rong opposition to Bill 173 and our WE WILL BE OPEN AGAIN ON JAN.2nd, 1995. isappointment that municipal concerns were not addressed in the The AMO Staff, Executive and Board of Directors would like to take this dal legislation. While AMO supports opportunity to thank you for your support during 1994 and look forward to e principles of long-term care reform, working with you in the new year. On behalf of all of us, such as easier access, more services, LTonptinuabon coordination and the of support for services HAVE A HAPPY and SAFE HOLIDAY SEASON 0� 4 A.M.O. Updates December 1994' ultimately there were no reductions to December 9th Provincial-Municipal p THINGS TO NOTE unconditional grants. Consultation meeting, and was advised that the Minister will do his best to intervene on behalf of municipalities. Office of the Employer But No Word on Further, Minister Philip offerred to rn Adviser Workshops "' invite Minister Faan to a consultation 1995 Road Grant meeting early in the new year. he.Office of the Employer Advi- Allocations Tsor, a branch of the Ministry of Labour that provides advice and assis. ' While AMO responded positively Fundin for Broader �ce on Workers Compensation is- to the unconditional transfer g sues to employers in Ontario, has announcement, we have expressed Public Sector scheduled the following winter and concerns that municipalities have still spring Workshops. not been advised of road grant alloca- Restructuring • January 10,Toronto-Introduction tons for 1995. Municipalities expert- to Workers' Compensation enced some difficulties in 1994 when Announced Seminar ' the grants were announced late in the • January 10, Oakville - Claims year,at a lower than expected rate,and icial n conjunction with the 1995 Provin- Management with new restrictions on how the grants transfer payment an • January 18, Scarbourough could be used. Correspondence from nouncements, the Minister of Finance Claims Management the Minister of Transportation Michael unveiled.the Province's plan to direct • January 25,Toronbo- Re-Err�pioyrnent Farnan has confirmed that, despite the under-utilized$300 million Job Se- • January 26,Cobourg-NEUFEL AMO's many attempts to reverse the curity Fund to facilitate restructuring in • January 21, Toronto West - , decision, municipalities will no longer the public sector. This fund was cre- Re-Employment ,M be able to transfer money between ated in 1993 and had been earmarked • February 2, Scarborough - capital and maintenance portions of to soften the blow for employees laid Reinstatement their allocation without Ministry ap- off as a result of the Social Contract. • February 10, Brantford - Appeals proval. and Mock WCAT Hearing Part of this initiative will require the • February 14,Toronto-NEUFEL . AMO raised these issues with the establishment of a municipal Job a February 15, Toronto West - t Minister of Municipal Affairs at the Registry. In responding to this Introduction to Workers' announcement, AMO indicated that Compensation UPDATES are published for the the Registry could be a useful tool for a February 21, Toronto West - members of the Association of municipal employers and employees, ' Claims Management Municipalities of Ontario (AMO) 11 but has concerns about the possibility . February 21, Peterborough - times each year by the AMO staff at of mandatory hiring from the Registry. Reinstatement 250 Bioor St. East, Suite 701, Thanks for Your Heipl • February 22, Sault St. Marie - Toronto, Ontario M4W 1 E6. AMO Revenue and Penalties { solicits your views and comments Many thanks to the over 200 • February 23, Oshawa - Revenue on any item appearing in municipalities who responded to and Penalties x. UPDATES. "Countdown 1996: Social Contract . March 2, Whitby - Introduction to Transition. The information provided Workers'Compensation Phone: (416)929-7573 by respondents will be helpful as AMO . March 3, Oakville - Appeals and FAX: (416)929-7574 continues to work with the Province to Mock WCAT Hearing address issues surrounding the period . March 7, Peterborough - Claims Editors to follow the end of the Social Contract Management on April 1, 1996. Evelyn Ruppert � • March 30, Cobourg - Introduction Renata Kulpa to Workers' Compensation Sharad Kerur • March 30, Toronto - Appeals and Mock WCAT Hearing Layout and Design Sharad Kerur For further details, contact your nearest Employer Adviser location. Offices ' Circulation this issue: 1,100 are located in Barrie, Hamilton,Kitchener, London,Ottawa, Peterborough,Sault Ste. Subscription for 10 issues in Marie,Sudbury,Thunder Bay,Toronto and 1994 is still $11. (includes GST). Windsor. ' Cali AMO for an order form. ONTARIO PARKS ASSOCIATION //Z _FP2_ COUNCIL INFORMATION I-_12 "Protecting Tomorrow Today 7 77-1 7� k. G E N D A DEC 2 0 1994 December 9, 1994 Y OF CLARINGTON a MAYOR'S OFFICE k Re: "ONTARIO PARKS ASSOCIATION 1995 ANNUAL SEMINAR "Look through your windows past the pavement and buildings. Look at k the parks and greenspacas, the forest and the treas... it is there for the benefit and enjoyment of the community." IL Ontario Parks Association promotional brochure LAs Co-Chair of the 1995 Annual Seminar, and on behalf of the Ontario Parks Association, I am very pleased to have this opportunity to provide you with the registration material for the OPA k1995 Annual Seminar "PARKS - GROWING STRONGER TOGETHER", March 8 & 9, 1995 at Humber College, Etobicoke. We have an exciting, diversified and excellent program planned for 1995! kAs an elected official with the Town of Goderich, I can affirm the ongoing and important role that the OPA has played in the parks and open spaces of communities throughout Ontario and the value that participation at this annual seminar provides to individuals who k have a role to play in the parks and open spaces in our communities. The OPA believes that partnerships and alliances are the key to ensuring meaningful and lasting environmental action and contributions by those in the parks, recreation and leisure field. The answers to our environmental dilemmas are out there; all that is needed is the participation and IL- commitment of elected officials such as yourself, professionals, volunteers and citizens alike. Very generally, the O.P.A. -- established in 1936, is a non-profit, volunteer driven environmentally based organization with charitable status. The O.P.A. believes: k 10 That parks, open space and natural environments are essential to the health and ecological inter*of our communities. k10 That all citizens have the yi& to enjoy access to a range of outdoor Leisure opportunities. If you would like any additional information or duplicate copies of the registration material, contact the OPA at (416) 426-7157. Again, thank you for this opportunity to provide you with this information and I hope you will join us on March 8 & 9, 1995. On behalf of the Ontario Parks Association, have a very Merry k Christmas and best wishes for a prosperous New Year! LSincerely, 0��/zx� Lynda Rotteau Co-Chair 1995 O.P.A. Annual Seminar "Parks - Growing Stronger Together" 1J Eglinton Avenue East, Suite 404, North York, Ontario M3C 3C6 - Phone (416) 426-7157 Fax (416) 426-7366 THE BROCHURE IS AVAILABLE IN THE CLERK' S DEPARTMENT. COUNCIL INFORMATION I-13 r , ' CLARKE MUSEUM & ARCHIVES . DEC ., Municipality of Clarington .� 2 13s iii 'qq P.O. Box 152 ORONO, Ontario LOB IMO �.} 905-983-9243 E-Mail TRILL.CTMA 7086 Old Kirby School Road, Hwy 35/115 at Region Rd 9, Kirby, Ontario The regular monthly meeting of the Clarke Museum&Archives Board of Directors was held at 7:OOpm on Tuesday December 6, 1994 at the Museum in Kirby. #1994-12 PRESENT:Past-Chairman, Donna Robins; Chairman, Ross Campbell; Treasurer, Kathryn [Kathy] Dennis; Board Member, Simon Packwood Greaves; Curator, Mark Jackman. REGRETS:Vice-Chairman, David Wing; Board Member, Fran Austman; Councillor, Ann Dreslinski; Councillor, David Scott. ABSENT:Executive Secretary, Kristin McCrea. **94-67** Moved b Donna, Seconded b Simon to ad t the agenda as resented. Y Y oP . g P Carried. **94-68** minu s of meeting 1994-11. Moved by Kathy, Seconded by Donna, to adopt the to hng# Carried. BUSINESS ARISING FROM THE MINUTES OF #1994-11 STORAGE: Building Committee Chair, Donna Robins, addressed comments arising from the last meeting regarding the committee's proposed solution for storage on site. She clarified several points that Board members had found confusing regarding the details of the proposal. BUILDING MAINTENANCE: The furnace has been repaired. iY SNOW REMOVAL: There was no report available. Simon is bringing an estimate for snow clearing to the January meeting. Donna would like Ann to report at the January meeting about the possibility of having the snow removed by the Municipality. RECORDING SECRETARY: Ross contacted the person that Ann and David suggested. She is too busy to take on this position at this time. The matter will be discussed again at the January meeting. ANVIL: The collections committee has purchased an anvil for the blacksmith shop for$50.- A block was donated for the anvil and the anvil has been mounted in the shop. TREASURER'S REPORT: Kathy presented the month end accounts and expenses. Attached. **94-69** Moved by Kathy, Seconded by Simon, that these accounts be paid as presented. Carried. BUDGET PRESENTATION: Kathy presented the finalized budget for 1995. Discussion followed. The Board agreed to add a capital request of$5000.- for computer equipment to the budget. The adjusted budget will be. voted on at the January meeting. OTHER MATTERS\NEW BUSINESS: MARK A - sked regarding.motion #94 64; the establishment of a petty cash fund. Kathy apologized for not following through with this action. She will look after it before January. r DONNA: The Collections Committee has located a portable forge for the blacksmith shop. It is in working order and will cost us $75.-. **94-70** Moved by Kathy, Seconded by Simon, that we pay for the forge from fundraising. Carried. **94-71** Moved by Donna, Seconded by Kathy that the next meeting of the Board of Directors be held on Tuesday, January 3, 1995 at 7:OOpm. Carried. pt CLARKE MUSEUM AND ARCHIVES Reserve Balances: AT: November 30, 1994 (The items below OPERATING RESERVE 11,788.53 have NOT been ACQUISITIONS RESERVE 30.24 subtracted from FUNDRAISING RESERVE 2,645.71 these balances) ENDOWMENT RESERVE 1,135.47 k- - TOTAL: 5`79. 9 5 ---------------- i ACCOUNTS-TO-BE-PAID-FOR-MONTH-OP-NOVEMBER-1994 PAYABLE TO PURPOSE AMOUNT CHKI CAT. Mun. of Clarington payroll 3,794.09 543 1 CIBC service charges - acq. 3.35 DM 2 b "p CIBC Visa service charges 5.20 DM 2 b CIBC service charges - c/a 9.00 DM 2 b Xerox Canada copies and service charge 203.55 547 2 d Mark Jackman mileage 80.00 542 2 i Bell Canada phone bill 56.84 544 2 j Mun. of Clarington gas - Orono 14.88 543 3 a Thermoshell Inc. oil - Orono 94.04 545 3 a Consumers Gas gas - Kirby 27.47 546 3 c Ontario Hydro hydro - Kirby 420.10 550 3 c Mun. of Clarington grass cutting 1994 500.00 552 3 d National Guardian monitoring charges 104.16 DM 3 g Lange's Photo Lab. developing/film 37.33 553 4 c Donna Robins advance for anvill purchase ' 100.00 541 6 a .k Newcastle Lumber exhibit supplies • -232.42 551 6 b Grand and Toy exhibit supplies 154.80 549 6 b General Publishing gift shop inventory 40.44 548 10 a SAGA Countryside Adv. fees 30.00 540 fexp TOTAL: 5,907.67 im SIGNED FOR PAYMENT: CHAIRMAN TREASURER December 6, 1994 L L s -3- **94-72** Moved by Kathy, Seconded by Simon that the meeting adjourn at 7:35pm. Carried. k !Y Mark Jackman, Curator Recording Secretary E - Chairman ' �k3=i`iON� t v f - 1 �« 1 I THE LEARNING PARTNERSHIP COUNCIL INFORMATION I-14 E''i rtl AGENDA DEC 2 1 1994 December 19, 1994 MUNICIPALITY OF CLARINGTON MAYOR'S OFFICE Mayor Diane Harare Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor Hamre, The Board of Directors of The Learning Partnership joins us in expressing our heartfelt thanks to the Municipality of Clarington for the official proclamation of Take Our Kids to Work day on November 30th, 1994. The day was a tremendous success and evaluations from workplaces and school boards indicate most everyone involved had a meaningful- and lasting experience. Indications are that Take Our Kids To Work in 1995 will be an even bigger and more exciting. event. We will be in touch to request your support and participation once again. Sincerely, , AD Gordon Cressy - Lori Cranson President -' Program Director P.O. Box 79, 1 Dundas Street West, Suite 504, Toronto, Ontario M5G 1Z3 Telephone (416) 204-4478 Facsimilie(416) 204-4378 k QWXN TWa -T, - COUNCIL INFORMATION -p DEC 2 2 1994 DOES THE SYSTEM WORK IL ub MUNICIPAU'rY OF CLARINGTON I do not think so . MAYURS OFFICE Take for instance what has happened with the Detox situation. Those who opposed the Certificate of Approval for a Proposed Waste Processing/Transfer Facility on Bennett Road In Bowmanville, Ont. in 1992, were led to believe an Environmental Assessment Hearing would be held before Detox could receive approval. Report PD-196-92 By letter dated Dec. 6/93 the Ministry of Environment and Energy advised the Municipality of Clarington ( formerly Newcastle ) that Detox Environmental Ltd. has amended Its application for a Certificaate of Approval for a Waste Disposal Site by removing the waste processing component from the application. Said correspondence was considered by k" GENERAL PURPOSE AND ADMINISTRATION COMMITTEE, Jan. 24/94 and the Council withdrew its request for a Hearing. Report PD-20- 94 . By skirting a hearing under the Environmental Protection Act as it pertains to the Revised Application, Detox Environmental Ltd. ,will not be required to describe the impact of the proposed undertaking on the natural environment ( ie . air, land and water ) , when the Ministry of the IL Environment would have to be satisfied as to the potential impact on the natural environment . In Whitby, where we successfully won a decision not to approve a Transfer Station (only) we were looking at 52 tons of Pathological Waste per day to be transfered from Toronto, and Ontario into Whitby Transfer Station, if allowed . People tend to trust that sanity will prevail and unfair advantage will not be- taken in situations like this but money talks, and we all know the entire question of Waste Management has not been responsibly addressed. 9- In my opinion it is irresponsible to permit a business dealing in hazardous waste, not only to exist but to expand their operations, when you consider its location - one k quarter of a mile from a well established senior citizens community with only one road of access to 401, which Detox will have to use for its transporting to and fro of its toxic Lwaste . The concerns particularly of the residents of Wilmot Creek have not been allayed regarding the necessary measures L to be taken to prevent' the possibility of spills Of liquid waste or releases of toxic fumes . I personally resent the fact that Detox approached the Wilmot r r Creek Homeowners ASSOC . again, this year, and asked for our support for their operation, when dust last year we hired an environmental lawyer to assure us of a hearing in the event of any applications by Detox for expansion. The people of Wilmot Creek Homeowners Association voted t. a resounding "NO" to such a suggestion by Detox. On contacting all ' interested parties ' regarding the revised application, I realized they were not aware of the Towns withdrawal of a request for a hearing under the Environmental Protections Act. JUDGE FOR YOURSELF. Joan Pilniuk Newcastle, Ont. 6971644 . - r G r r r 1 CO.UNCIi INFORMATION I-16 December 20, 1994 Br-C.21 M MCI Lei Mrs. P. Barrie E nRegional Clerk ioipailty Municipality of Clarington wham Municipal Offices Planning 40 Temperance Street artment Bowmanville, Ontario 623 L1C-3A6. 1615.Dundas St E. Ih Floor Lang Tower. st Building Dear Mrs. Barrie: itby,Ontario nada,L1 N 6A3 (905)728-7731 Re: Commissioner's.Report No. 94-P-114 �x(905).436-6612 Durham Regional Official Plan, Referrals.to-the kGeorgieff,mxm.P. Ontario Municipal Board missioner nni File No.: 4.17:4 Please Quote-Ref. No.: of Planning S�6 •3 7 The above matter was presented to the Durham.Regional'Planning Committee of th-e'December 13; 1994 meeting.' The following resolution was passed: "a) THAT Commissioner's Report No. 94-P-114 be received for Information; and b) THA T a co py of Commissioners Report No. 94-P-,114 be forwarded to the area municipalities." A co of the Rep ort.Is enclosed for our Information. PY P Y Yours truly,.---- / LEI s r" UTION CLERK__. Valerie Cranmer;-M.C.I.P. AC K. r;Y --- Director Q Strategic Planning Branch - r k :csb _- Attachment '------- _; hAwp11-ftftl%M.1-94-P-114.pr1 i 0 n Planning Department Commissioner's Report to Planning Committee Report No. 94-P-114 Date: December 13, 1994 SUBJECT Durham Regional Offidal Plan, Referrals to the Ontario Municipal Board, File: 4.17.4 RECOMMENDATIONS 1. THAT Commissioner's Report No. 94-P-114 be received'for information; and 2. THAT a copy of Commissioner's Report No. 94-P-114 be forwarded to the area municipalities. REPORT 1. By letter dated November 10, 1994 the Region received notice from the Ontario Municipal Board that a Prehearing Conference for the Referrals to the Durham Regional Official Plan has been scheduled for January 30 and 31, 1995. The main IL objectives of the Prehearing Conference are to: • identify the parties; • identify the issues; • consolidate matters; • determine the start date and duration of the main hearing; • determine the possibility of settlement; and • hear motions: In accordance with the Board's direction, the Notice of the Prehearing Conference will be circulated and published in the local newspapers. In addition, a preliminary meeting will be held with the Referrers on January 19, 1995. L 26 F n Commissioner's Report No. 94-P- 114 Page 2 2. In the interim, the Department will continue to meet with the referrers a a an attempt to resolve each Referral, and,report to Committee and Council on those matters where a resolution has been reached. A.L. Georgieff, M.C.LP. Commissioner of Planning JM LAWpW-17bmba jm k 2 COUNCIL INFORMATION I-17 Atomic Energy Commission de controle Control Board de 1'6nergie atomique Ottawa, Canada KIP 5S9 t ,. „� e' r s ; , Your file Votre rdfdrence Our file Notre rdfdrence December 19, 1994 26-1-4-0-0 OPI 94/204 Marie P. Knight, A.M.C.T., CMM Deputy Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Knight: In the course of Mr. Domaratzki's November 21 presentation to the General Purpose and Administration Committee of Council, which was kindly acknowledged by Resolution #GPA-694-94, the AECB staff paper containing point-by-point comments on the submission to the Board by Durham Nuclear Awareness was promised in response to a request from Mayor Hamre. Enclosed please find a copy of the document in question, which was submitted to our Board as part of the documentation related to consideration of the licence renewal for r the Pickering Nuclear Generating Stations A rand "B".. s since y, CIC ---- ....... -...... . H.J.M. Spence r: .........Chief, Office of Public Information Encl. .._. c.c. Z. Domaratzki +' Telex/T6Iex: 053-3771 CFaxrT616copieur:^N� � (613)995-5086 1 u Envoy: AECBREG Atomic Energy Commission de contr6le I , Control Board de 1`6nergie atomique BMD 94-219B Ottawa,Canada KIP 5S9 your 61e voce roweme My BN ft"niiW40 1994-11-29 26-1-4-10-0 26-1-8-10-0 TO: Board Members AUX. Cozrmmssaues FROM: Directorate of Reactor DU : Direction de la r6glementation Regulation and des r6acteurs et Directorate of Analysis and Direction de 1'analyse et de Assessment 1'6valuation PURPOSE: Decision BUT: Decision SUBJECT: Renewal of Pickering OBJET: Renouvellement des permis NGS-A and NGS-B d'exploitation des centrales Licences - Staff Comments Pickering A et B - Commentaires on Durham Nuclear du personnel sur le rapport Awareness Submission •Durham Nuclear Awareness- SUMMARY SOS David H. Martin of Durham Nuclear M. David H. Martin de "Durham Nuclear Awareness (DNA) tabled with the Board a Awareness (DNA)" a soumis i Pattention document entitled "Request for a Public des commissaires un document intituld Review of the Relicensin of Ontario g . "Request for a Public Review of the Hydro's Pickering "A" and "B" Nuclear Relicensing of Ontario Hydro's Pickering Generating Stations". Mr. Martin also "A" and "B" Nuclear Generating - addressed the Board at its meeting of Stations". M. Martin a dgalement fait un November 10, 1994. In his report and exp0s6 i la rdunion de la Commission du address to the Board Mr. Martin requested 10 novembre 1994. Dans son document et a public review of the relicensing of the son exposd M. Martin demandait de Pickering reactors. soumettre I un examen public le renouvellement des permis d'exploitation de la centrale Pickering. .../ii LL In this report AECB staff submits its Dans le prdsent rapport le personnel de la comments on the issues raised by CCEA commente chacun des sujets Mr. Martin. The purpose of the soulevds par M. Martin. Cette information in this BMD is to assist the information pourra @tre utilisde par la Board in malting its decision under section Commission lorsqu'elle statuera sur 13 of the EAR.P Guidelines Order. Particle 13 du Ddcret sur les lignes directrices visant le processus d'dvaluation et d'examen en mati8re d'environnement. BMD 94-219B 4 • Licence Renewal for Pickering NGS - a Staff Comments on Durham Nuclear Awareness 4tthmicei n A. BACKGROUND In a letter of October 26, 1994 to the President of the AECB, David H. Martin of Durham Nuclear Awareness (DNA) requested that the AECB recommend to the Minister of Environment Canada that a public review of the relicensing of Pickering NGS be undertaken. The request was supported by a document entitled "Request for a Public Review of the Relicensing of Ontario Hydro's Pickering "A" and "B" Nuclear Generating Stations". This document was submitted to the Board as BMD-94-195A. Mr. Martin addressed the Board at its meeting of November 10, 1994. His statement was available to the Board and is attached to the Minutes of the meeting. In the discussion which followed his presentation Mr. Martin raised an additional issue relating to staffing of the Pickering NGS (see final section of this report - Page 14). In this report AECB staff addresses the points rased by Mr. Martin. For ease of reading we provide a summary of each DNA issue followed by our commentary. A cautionary note is appropriate - our summaries of the DNA issues are concise. For a complete version of the DNA submission reference to the original document is required. :. B: DNA REPORT - OCTOBER 26, 1994 (The numbering of sections is the same as in the DNA report.) 2. Process and Accountability 2.1 Accountability and Independent Review DNA Issue: The DNA considers that the AECB is not independent of the nuclear industry. It is also concerned that while the AECB holds public meetings it is not required by legislation to hold public hearings. AECB Staff Comments: k (a) DNA: The AECB reports to the Minister who is responsible for promoting nuclear energy. Staff. The AECB, an independent regulatory body, reports to Parliament through the Minister of Natural Resources. However, the licensing decisions of the AECB are not subject to review by the Minister. - 2 - BMD 94-219B (b) DNA: AECL has a unique status with the AECB. Staff: The Atomic Energy ontrol Act applies to AECL. All its facilities are licensed, their gY PP safety is reviewed by AECB staff, inspections are routinely done and appropriate enforcement actions, including where appropriate, prosecution, are taken in respect of AECL. (c) DNA: DNA raises the issue of a lack of meaningful mechanisms for public input into decision-making to balance the input of industry, staff and advisory committees which DNA K. indicates reflect scientific and engineering expertise. DNA acknowledges the existence of AECB newsletters and "public meetings" but says AECB has never held formal public hearings. Staff: It is correct that the AECB has never held formal Pub lie hearings. However, public g • P delegations, including groups such as DNA, have been welcome and have made submissions at Board meetings since 1976. Board meetings have been open to the public, and occasionally held outside Ottawa, since 1988. (d) DNA: No federal or provincial environmental assessment hearing has ever been held on any nuclear power station in any province. Staff. In 1983 a panel was formed under the EARP Guidelines Order to review the proposed Point Lepreau Unit 2 nuclear power plant in New Brunswick. It completed its task and reported in 1985. For reasons unrelated to environmental impact, New Brunswick Power decided not to proceed with construction of the plant. (e) DNA: It is unacceptable for AECB staff to make public pronouncements against the desirability of a public review. DNA makes particular reference to staff comments about the cost of hearings under the EARP Guidelines Order. Staff. At the Board meeting of November 10, 1994, the President of the AECB stated that the cost of hearings under the EARP Guidelines Order is irrelevant to the consideration as to whether such hearings ought to be held. 2.2 Exclusion D7 DNA Issue: DNA considers that the AECB, in screening decisions under section 12 of the EARP Guidelines Order, does not adequately respond to safety issues raised by the public. AECB Staff Comment: In malting screening decisions we consider information from all sources in order to determine if there is any identified environmental effect that is either not insignificant or not mitigable - 3 - B 1 D 94-219B with known technology. The information is brought to the Board to be dealt with in the licensing process. 2.3 Public Concern DNA Issue: The EARP Guidelines Order refers to the possibility that public review may be x does not define the criteria for reaching a decision. p y desirable but e; AECB Staff Comment: Correct. The Guidelines Order does not give any criteria for judging public concern. However, several decisions of the Federal Court of Canada have discussed this issue. The Board must make its own judgement based upon relevant information that is placed before it by the applicant, staff and the public. z 2.4 Public Notification DNA Issue: The AECB does not provide adequate public notice of licence renewals and rantin of new licences. g g AECB Staff Comments: We agree that improvements are desirable. We are investigating how we might improve the r notification of licensing activities. The investigation will include the process that we currently follow under the EARP Guidelines Order to broaden public awareness following a decision under section 12 in order to allow the Board to assess public concern. 3. Safety Issues 3.1 High Population Density DNA Issue: No other nuclear station in the world is surrounded by such large numbers of people and this should be a factor in licensing this station. AECB Staff'Comments: Pickering NGS is located in an area of high population density. This was recognized when the plant was licensed for construction in 1966 and it was recognized by all that, with time, the population would increase significantly. In 1966 Ontario Hydro predicted that the - 4 - BMD 94-219B population within 30 km of the plant would increase to about 1,250,000. The population in 1991 was actually 1,490,000. For plants such as Pickering in high population areas (or plants such as Point Lepreau in low population areas) an applicant for a licence must demonstrate that he meets our regulatory requirements for protection of the public under normal operation and assumed accident conditions. The applicant must demonstrate that the dose to any member of the public will lag not exceed the limits set by the Atomic Energy Control Board. The applicant must also demonstrate that the sum of all the doses to people in the vicinity of the plant, that is, the collective dose to the entire population, meets the limits set by the AECB. Pickering NGS safety analyses have shown and we have accepted that the AECB limits would not be exceeded. Our requirements for protection of the public include requirements for high quality design and operation. One feature required is an effective containment structure. The Pickering reactors are surrounded by a containment system which is larger than any other in the world and therefore more capable of dealing with energy and radioactive material which might result from an accident. DNA Issue. The AECB needs to address the population density question in terms of the desirability of phasing out Pickering "B" rather than retubing it. AECB Staff Comments: The pressure tubes in Pickering "B" are fit for continued service. The need, if any, to retube the reactor would be some time in the future. There are no plans for and no reason to expect that there will be a need for retubing the Pickering B reactors during the two year term of the proposed licence. Neither does Ontario Hydro have plans to phase out prematurely the operation of Pickering "B". Since we consider that the plant is safe we do not disagree with Ontario Hydro. In the future, if there is a need to retube the Pickering "B" reactors the alternative of phasing them out would need to be considered. 3.2 Tritium Emissions DNA Issue: DNA believes that (a) standards for tritium emissions from nuclear power plants are too high and unsafe and (b) Canadian standards for the permissible levels for tritium in drinking water are also too high and should be reduced to those proposed by the Advisory Committee on Environmental Standards (ACES, a committee reporting to the Ontario Ministry of Environment and Energy). r - 5 - BMD 94-219B e r AECB Staff Comments: r (a) Emissions Emissions ns from nuclear power stations are controlled by setting Derived Emission Levels" (DEL) which must not be exceeded, and then defining a second and a much lower set of emission levels as an "Operating Target" which licensees are expected to meet. The operating targets for power stations are generally set at 1% of the DEL. Actual emissions from the stations are regularly below even this lower level. r The DEL is based on a conservative calculation of what level of emissions would cause a person near the plant to receive a dose of radiation equal to the legal limit for members of { the public. The current legal dose limit is that recommended by the International r Commission on Radiological Protection (ICRP) in ICRP 26. Calculated doses to the most exposed members of the public are generally about 15 µSv, which is 300 times less than the dose limit, reflecting the very large safety margin built into this process of regulation. The vast majority of people who live in Pickering, Ajax and other communities close to the stations actually receive very much less than this. Tritium contributes 20% to these doses. By comparison, naturally occurring background radiation to which everybody in Ontario is exposed is about 2500 µSv, and a chest x-ray results in about 70 µSv. The increased risk of cancer to a member of the public who lives near Pickering NGS, as a result of tritium emissions during operation of the Pickering station, is essentially zero. We believe, therefore, that tritium emissions are safe. r (b) ACES Standards for Tritium in Drinking Water We have reviewed the ACES report entitled 'A Standard for Tritium: A Recommendation r to the Minister of Environment and Energy". Our conclusion is that the ACES recommendation to lower the Ontario drinking water objective for tritium from the 7000 Bq/L recommended by the Ontario Ministry of Environment and Energy,.Health Canada and the World Health Organization, to 100 Bq/L and then to 20 Bq/L, is unwarranted. In arriving t its recommendations w g ttons for a lower drinking water standard, ACES has assumed the same effect of tritium on the human body as does the AECB in its Regulations. However, ACES has arrived at its recommendation by deciding that the increase in the risk of cancer to a person should be less than 1 in one million if the person drinks the water for seventy years. This is equivalent to a risk of 1.4 in 100 million per year. This is essentially requiring 'zero risk". Water at significantly higher levels of tritium than those proposed by ACES is safe to drink. The AECB dose limit and a requirement to keep doses as low as reasonably achievable below r that limit results in average yearly tritium levels in drinking water of about 27 Bq/L (Ajax, 1992). This is equivalent to a dose of .38 µSv/year, and a fatal cancer risk of 2 in 100 million to a person drinking this water. This dose is equivalent to the dose received from about five minutes of flying time at cruising altitude in a jet aircraft. r - 6 - BMD 94-219B 3.3 Tritium Escape at Pickering DNA Issue. The large leak of tritium to Lake Ontario in 1992 was a significant and unacceptable risk to people in the area and the AECB did not respond appropriately. AECB Staff Comments: The peak tritium concentration resulting from the Pickering incident was 800 Bq/L on August 8, 1992 at the Ajax water supply plant, not 1300 Bq/L on August 7, as reported by DNA. The dose to a person from drinking the water on this day was .031ASv. The total dose to a person during the month in which the incident occurred was A µSv. The risk of death to a person from this incident was 5 in a billion; about the same risk of death as driving 400 metres in a car. DNA may also be concerned that a large increase in tritium in drinking water for a short period of time would result in a large increase in the risk of cancer. This is not the case. At very low dose rates, such as those resulting from the Pickering incident, the risk from receiving, say, 50 µSv in a week, would be the same as that from receiving 1 µSv for 50 ALI weeks. It is the total dose to a person which determines the risk. Nevertheless, short-term doses are of interest to the AECB because they usually represent a IL failure of one of the engineered barriers. We therefore review incidents such as that which occurred at Pickering in August 1992 to ensure that appropriate action is being taken by the licensee to identify the causes and prevent their recurrence. As a result of the 1992 incident, monitors have been installed to detect similar leaks and alert operators to the need to stop emissions to the lake. 3.4 LOCA - Pressure Tube Rupture, August 1, 1983 IL DNA Issue: The Pickering pressure tube failure in 1983 was a serious accident which Ontario Hydro had said could not possibly happen. Failure of safety systems at the same time could have resulted iri a catastrophe. AECB responses were inappropriate. AECB Staff Comments: The pressure tube rupture resulted in no significant releases of radioactive material outside the station and no significant doses to workers. Nevertheless, we treated the accident as a serious event as evidenced by the fact that the reactors were retubed. We view as serious the failure of any component which has a significant role in the safety of a plant. - 7 - BMD 94-21913 k The DNA report is correct in stating that during the subsequent retubing of the four Pickering-A reactors the total doses to workers increased significantly (although no worker received a dose in excess of the limits set in the Atomic Energy Control Regulations). Ontario Hydro had acknowledged the Safe R g possibility of a pressure tube rupture. The Pickering-A Safety Report Preps by Ontario Hydro before the 1983 accident assumed that this accident could occur. Ontario Hydro assessed the capability of systems to deal with the accident and it calculated doses to members of the public should it occur. There were Ontario Hydro operating procedures to be followed in the event of a pressure tube failure and we know that plant operators received training on the simulator for this accident. The leak rate from the ruptured pressure tube was low enough that the normally operating process systems protected the reactor adequately. The reactor was shutdown and the fuel was well cooled through normal means. Two of the safety systems; shutdown emergency core coolie played no significant and g, P Y g � part in protecting workers or the public from this accident. They were available and would have acted automatically if the rupture had been worse. The third safety system, containment,played a minor part in protecting the public. There was no significant increase of pressure in the reactor building and there was no need for the shielding capability of the reactor building. The building did ensure that the heavy water with tritium was confined. However, a failure of the containment system would not have resulted in high public doses. For example, if redundant valves in the ventilation system had failed to close the result would have been a very large hole in the containment. The doses to the public from escaping tritium would not have been high - certainly not catastrophic. 3.5 Chance of Chernobyl in Ontario: 1 in 17 DNA Issue: r DNA considers that the AECB, without explaining in detail its reasons, has dismissed Dr. Gordon Thompson's conclusion that there is a high probability of a severe accident in an Ontario reactor. AECB Staff Comments: We carried out a review of Dr. Thompson's report in sufficient detail to understand his claims. In the process of our review we identified that some major assumptions were incorrect. One major assumption was that an earthquake, expected by him to occur with a frequency of 1 in 8300 years, would destroy all the safety systems of the plant including the containment building. An independent review of the severity and frequency of earthquakes (Reference A estimates the frequency of a severe earthquake of the ) in 100,000 years, q magnitude postulated by Thompson as less than 1 r - 8 - BMD 94-219B to the plant would not be expected should the plant be subjected even to this postulated earthquake. Some damage could be expected, but not such that a severe accident would occur. For Darlington and Pickering B, the safety margins built into the design process are expected to avoid any major damage, following earthquakes of this severity. Pickering A is also expected to survive without major damage, but, since it was built to older seismic standards, a 'seismic margin" study is underway now to identify any possible weaknesses. Dr. Thompson in his report also discussed the likelihood of severe accidents caused by failures inside the plant. We believe that the detailed analysis of accident probabilities carried out by Ontario Hydro in Reference C provides the best estimate of severe accidents caused by failures within the plant. This study predicted the frequency of a severe accident could be in the order of 1 in 230,000 years. This is consistent with estimates by other countries of the likelihood of severe core accidents. We believe that statements such as "Chance of Chernobyl in Ontario: 1 in 17" are incorrect and are based on unsupportable assumptions. Reference A: Report on Seismological Issues: Prepared for the Attorney General of Canada by Gabriel Leblanc and George Klimkiewicz of Weston Geophysical. April 1993. Reference B: The Use of Seismic PRAs in Safety Evaluation of Nuclear Power Plants: Reply Report prepared for the Attorney General of Canada by Paul Smith, The Readiness Operation, Oakland, California. August 1993. Reference C: Darlington NGS Probabilistic Safety Evaluation: Main Report prepared by Ontario Hydro, Nuclear Studies and Safety Department. December 1987. 3.6 The Risk of an Earthquake in Pickering DNA Issue: IL DNA maintains that there is mounting evidence that the risk of a large earthquake and the likely consequences for Pickering are both too high. AL AECB Staff Comments: This section of the DNA report quotes from a number of papers and reports that deal with geology and earthquake engineering. We are familiar with the material and we agree with the quotes. DNA refers to an AECB study as one reason for its concern. In that first study the researchers, as requested by the AECB, used a ground motion which would result from combining the worst features of many earthquakes that have occurred, primarily in California, Japan and Chile. The results showed that the Pickering pressure relief duct would be severely damaged, close to collapse, but still in place. - 9 - BMD 94-219B r - DNA failed to mention a second AECB study which calculated the effect of one Canadian earthquake, the Nahanni event of 1985 (the most severe recording in the Canadian Earthquake Catalogue) on the Pickering pressure relief duct. The second study showed that the structure had enough strength th to survive a magnitude 6.9 earthquake directly underneath the Pickering plant. The ground acceleration used was 2.3g or more than 20 times the .Ig that gave rise to the DNA concern. 3.7 No Second Fast Shutdown System at Pick "A" Bring DNA Issue: Pickering has been allowed to continue operating without a second fast shutdown system. AECB a ccep ted the cheapest option for shutdown system improvements. DNA considers that the AECB stated that a public review would be necessary if a second fast shutdown system was not installed, and then backed down on that position. AECB Staff Comments: Much of the description of events presented in the DNA report is correct. In 1987 we instructed Ontario Hydro to investigate feasible improvements to the existing shutdown system. In response, Ontario Hydro carried out several reviews and eventually presented four options. We concluded that, with some modifications, the "neutronic enhancement" option proposed by Ontario Hydro was the best choice. This option provides for additional and independent instrumentation which can drop all of the shutoff rods into the core. This would significantly improve the reliability of the shutdown system. Among the reasons for choosing this option was that it can be completed in the shortest time and with the minimum radiation dose to workers. The DNA believes that the AECB had taken a position that a public review would be necessary if a second shutdown system was not installed. The belief is based on minutes of a meeting where an Ontario Hydro Panel discussed the topic. The Ontario Hydro record does not properly describe the position which we took. AECB staff, Z. Domaratzld to be exact, had stated that any decision to install less, than a second independent shutdown system would be made in a very public way. We have ensured that this was done. All our reports to the Board are public documents and we ensured that the reports included the reasons for our decisions. We included the advantages and disadvantages of all options considered. 3.8 Emergency Planning , DNA Issue: DNA considers that emergency planning for a serious accident is inadequate. _ 10 - BMD 94-219B AECB Staff Comments: The Province of Ontario has the primary responsibility for off-site emergency planning. The responsible organization is Emergency Measures Ontario which is a part of the Ministry of the Solicitor General. Before issuing the first operating licence for a nuclear power plant we require the licensee to have on-site emergency plans approved by the AECB. The plans exist for Pickering and any changes require our approval. We also require that off-site plans be in place bef ore a n u clear plant starts to operate. The AECB does not approve the off-site plans but we do require an assurance from the Province that the plans are in place. We received such an assurance before Pickering B was started in 1982. Since that time we have worked closely with the Province and we have been kept informed of developments and modifications to plans. 3.9 Pickering Performance DNA Issue: Pickering A has not been a reliable generator of electrical power and DNA considers that as Pickering B ages its performance will deteriorate. AECB Staff Comments: IL A reactor's performance in terms of producing electrical power is not a good indicator of safety. In the case of Pickering "A", replacement of reactor pressure tubes in all four units required long outages thus reducing the plant's lifetime capacity-factor. However, the result was an improvement in safety. As a regulator we are not concerned about low capacity factors. Our role is to ensure that the plants are operated only if it is safe to do so. In many cases our requirements for inspection and testing to ensure safety result in reduced production of electricity. We recognize that as plants age they require more maintenance to ensure that safety is not IL reduced. We therefore require that preventive measures be taken to deal with the effects of aging. Proper maintenance is important. We have reviewed the maintenance programme at Pickering, and have concluded that in spite of needed improvement, the plant is being run safely. 3.10 Availability of Safety Systems DNA Issue: There have been numerous occasions when a safety system has been impaired. - 11 - '` BMD 94-219B r�. y y AECB Staff Comments: Unavailability of a safety system is defined as the fraction of time during which the system r was not available to operate according to design. The sully "unavailable" when they fail to meet design conditions fu . This safety systems the y rudent thin to do. g We require corrective action to be taken even in those uses where the system would still be r very effective. An example is the declared unavailability of the emergency core cooling system(ECCS) at Pickering B in 1991. This unavailability resulted because a hatch inside the t reactor building was not tightly closed. This would have caused a small leak in the return path for water used to cool the reactor in these circumstances. This might have prevented the ECCS from performing as well as designed, therefore making it "unavailable" according to our definition. An analogy would be declaring a car's brakes as "unavailable" if a test showed it took 51 feet to stop the car and the design standard was 50 feet. DNA Issue: The target unavailability or all special " ty spec safety systems except those at Pickering A" is about 8 hours. For Pickering "A" the target is about 26 hours. AECB Staff Comments: Pickering A was designed and licensed in accordance with the regulatory requirements in force in the late 1960s. These requirements called for unavailability targets of about 26 hours per year for special safety systems. Stricter requirements were adopted in the 1970s; a target of about 8 hours per year. Adopting new requirements for new plants did not mean that existing plants were inadequate or unsafe. Rather it was a step towards enhancing safety. 3.11 The Need for a Probabilistic Risk Assessment DNA Issue: DNA considers that there is an increased seismic risk at Pickering. Therefore there is a need for a probabilistic assessment of the risk of an earthquake induced accident. AECB Staff Comments: It appears that DNA believes that a seismic probabilistic risk assessment (PRA) is the best way to determine the safety of Pickering NGS in the event of an earthquake. We do not consider that seismic PRAs are a practical method to improve safety. The large uncertainties in a seismic PRA make it of little value in judging safety, The AECB is pursuing a different approach to ensure safety. We have required Ontario Hydro to re-evaluate the seismic safety of Pickering using a method called Seismic Margin r Assessment. This requires a detailed assessment of the ability of the plant to withstand earthquakes more severe than those for which it was designed. We consider that a Seismic - 12 - BMD 94-219B ML Margin Assessment will show either that the plant is safe enough or will show what improvements are required to increase safety. 3.12 Other Safety Problems at Pickering (a) DNA Issue: There are too many serious events occurring at Pickering which must be reported to the AECB. AECB Staff Comment: The Pickering reactor operating licences identify a list of events which must be reported to the AECB. The list of events includes accidents that would have serious safety implications, and many other events which are not accidents at all. For example, Ontario hydro is required to report a failure to follow radiation protection procedures even if no dose resulted to workers. Concluding, as DNA does, that the population in the vicinity of nuclear reactors is at risk based on the number of reportable events is inappropriate. In fact, all the events reported for Pickering stations in 1993 would have been rated 1 or below scale (no safety significance) on the International Nuclear Event Scale. (b) DNA Issue: At the end of 1993 the Pickering "A" and "B" stations had a maintenance backlog of over 29,000 hours and this results in increased risk of breakdowns and serious accidents. AECB Staff Comments: We agree that the maintenance backlog was too high and needed to be reduced. We consider, however, that the size of the backlog is not by itself a good indicator of the adequacy of maintenance. Maintenance requirements vary in importance, and include some that are insignificant as well as those that are significant. Ontario Hydro is now setting priorities on maintenance tasks to ensure that maintenance important for safety is dealt with first. The outstanding maintenance work in 1993 was such that we still considered that the plant was operated safely. Nevertheless, we are requiring Ontario Hydro to make further improvements. (c) DNA Issue: There have been problems with steam generators and boiler tubes have leaked. The bottom Lline, however, seems to be reactor performance records instead of public safety. - 13 - BMD 94-219B AECB Staff Comments: j The boiler tube leak which is referred to resulted in essentially zero dose to the public. We enforce operating procedures which require a plant shutdown if a leak is above a prescribed level. Even the prescribed level would result in essentially y zero doses to the public. (d) DNA Issue: } In 1992/1993 Pickering Unit 1 was allowed to operate with cracks in the reactor dome. The reactor should have been derated to compensate. It is unacceptable to have trade-offs made on safety in order to boost performance records. AECB Staff Comments: In 1992, during a planned shutdown, tests showed that the leak rate from the A" Unit 1 reactor building was higher than the operating target. The leak rate was less g value for which the plant was designed and so was still acceptable. than the cracks in the concrete dome. The cracks did not affect the structural S�cause � hairline but they did result in an increased leakage. We of the building reactor because the building was structurally sound the Ontario to restart the measurements was still in the acceptable range. Performance records were gnoa factor in our decision. Repairs were completed in 1993 and tests showed that the cracks were sealed. (e) DNA Concern: The CANDU reactor design is vulnerable to unstable neutron flux patterns which can lead to a localized loss of regulation. A flux tilt can lead to fuel damage and meltdown. AECB Staff Comment: It is true that flux tilts can occur in CANDU reactors. The result is higher } of the reactor. The design of safety systems takes this ssibili g power a one part to which DNA is referring develop v slow! over a� ty in account. The flux tilts g P aY Y ( period of many hours) and there is ample time for the operators to shut the reactor down if necessary. Automatic shutdown systems would shut a reactor down safely even if the operators did nothing. The flux tilts to which DNA is referring cannot cause fuel meltdown. (f) DNA Issue: Pickering B" Unit S g had to be shut down manually following a loss of regulation of the reactor. Operator error could have resulted in a serious accident in this situation. fi - 14 - BMD 94-219B AECB Staff Comments: The event was started as a result of human error. The operators then acted conservatively and manually shut down the reactor. If the operators had not reacted properly, a safety system would have shut down the reactor automatically and safely. The safety systems are specifically designed to prevent the occurrence of an accident. (g) DNA Issue: All four reactors at Pickering "B" had to reduce power rapidly because of ice in the cooling water access bay. Two reactors had to shut down. Any situation that necessitates the prompt and rapid response of reactor operators has serious reactor safety implications. AECB Staff Comments: The power reduction and shutdowns at Pickering B were a proper and expected response to an occurrence that affected the plant's ability to produce electricity. If the operators had not responded as expected, safety systems would have shut the plant down automatically. 4. Public Concern This is dealt with in detail in BMD 94-219. C: ORAL PRESENTATION: D. MARTIN - BOARD MEETING, 10 NOVEMBER, 1994 DNA Issue: Mr. Martin, on behalf of DNA, expressed concern that the Ontario Hydro staff reductions and reorganization in 1993 had significantly reduced the experience of the staff at the Pickering station. He stated that the experience level of staff had been reduced by 50%. AECB Staff Comment: Mr. Martin's information was incorrect. The statistics show that the average experience of workers at Pickering dropped only very slightly; from 11.6 years in 1992 to 11.4 year; in 1994. Year 1992 1994 Number of workers' 1836 2048 Total experience in person-years 21,200 23,400 Average experience in years 11.6 11.4 * The numbers do not include the Business Unit or a unit which was not present at Pickering in 1992 but was present in 1994. COUNCIL INFORMATION I-18 Federation o((,anadi:ut Municipalities hcdcration canadienne des nttuticipalitcs -16'Ailk- '4- 6.. . November 17, 1994 r D.Laurence Mawhinnev DA ib&Nova Scotia let lent rr) Les iw• British Columbia Memorandum to FCM Member Clerks/Secretary-Treasurers Vice President ier '°.e-president icill BryonW'ilfert COMMUNIQUE: nond Hill,Ontario id a President ;ie ice-president Enclosed for your information are copies of a Communique entitled es leanr Claude Cantin "FCM Warns MPs Not To Force Property Tax Increases Through "` uebec) Federal Budget", for distribution to Council or Board, the Principal ii -ice-president I Vice President Appointed Officer, the Clerk's or Secretary-Treasurer's Office, the Purchasing Agent/Officer and the director of Finance. rm on Hapter on .Alberta President If you have any questions c- comments regarding this de " rtant Communique, please contact the undersigned at the FCM Secretariat. rs W.Knight uti Director 1 I ae eneral Andree Pinard C� Communications Assistant � ) ' _D Enclosures Z•t,rue Clarence Street.(htawa,Osjumo h IN 51'i fcicohonc/I'ck•106(nc:(613) 241-iZJI •F.is/'Ie-16 yucm 1613) 241-744(1 Federation of Federation COMMUNIQUE Canadian canadienne des Municipalities municipalites November 17, 1994 FCM WARNS MPs NOT TO FORCE PROPERTY TAX INCREASES THROUGH FEDERAL BUDGET OTTAWA-The federal government must realize that offloading its costs and debt onto municipal governments would be of no net benefit to taxpayers. This was the central message the Federation of Canadian Municipalities (FCM) brought to the House of Commons Finance Committee in its pre-budget submission to the Government on November 9', 1994. FCM told the MPs that Canada's municipal governments have tightened their belts and are doing all they can to alleviate the burden on taxpayers. FCM warned the Committee that any further offloading will directly result in property tax increases across Canada, reductions in essential public services such as policing and greater municipal indebtedness. Said W S d innipeg City Councillor Jae Eadie,Chair of FCM's Standing Committee on Municipal Finance: Fiscal responsibility is required among all three orders of government. That means governments must achieve real savings and not just pass the buck. We called on the federal government to recognize that, with zero tax increases and slashed spending, municipal governments are doing all they can to take the load off the taxpayer. If the next federal budget dumps new costs onto municipal governments as previous budgets have, the result will be property and business tax increases for homeowners and small businesses across the country. In past years, federal budgets have contained measures which transferred costs onto municipal governments thus forcing increases in property taxes. Examples include the ill-conceived freeze on federal payments of property taxes announced in 1992, huge increases in radio license fees for local police and fire departments, greater social assistance costs due to the cap on Canada Assistance Plan transfers and increased policing costs resulting from the freeze on federal funding for social housing. -more - A Page two In the presentation, FCM expressed fears that replacement of the GST might offload hundreds of millions of dollars onto the property tax base. Apparently in response to Yy PCM's aggressive campaign on the GST, Jim Peterson, Chairman of the Commons k. Finance Committee,went on record for the first time as stating that FCM had nothing to fear in this regard. Mr. Peterson acknowledged that his Committee's Report on GST Reform suggested elimination of the municipal rebate as an option to lower a national Value-Added Tax rate, but said the Government has not acted upon the idea. Following the meeting, FCM told the national media at a news conference it was pleased with this statement but that until the Minister of Finance, Paul Martin, made such a commitment, uncertainty at the municipal level will continue. FCM also expressed concern over federal abandonment of airports affecting small communities, cuts to the social safety net that , impact on municipal governments, and suggestions that the Government may be questioning some of its obligations to pay property taxes on federal buildings. To ensure the budget process is transparent to taxpayers, FCM recommended to the Committee that the federal budget explicitly highlight any costs being transferred to municipal governments. Aylmer(Quebec) Councillor Roger Mareschal, member of FCM's National Board of Directors, stated: Municipal governments want to make sure their taxpayers will not have higher property taxes next year because of the Government's budget decisions. Indeed,they fear Minister Martin may be tempted to dump federal responsibilities onto them which will end up in municipal budgets. a -30- For more information e pi ase contact: Daniel McGregor, Senior Policy Analyst, .. FCM: Telephone: (613)241-5221;fax:(613)241-7440. COUNCIL INFORMATION I-19 B#® FOLIU fir` Jar ' DEC 2 3 1994 t O 920252 O 920254 O 930306 O 930307 Z 920187 O 930308 E��S�ON ISSUE DATE Ontario M 920126 O 940007 Ontario Municipal Board M 930119 O 940008 Commission des affaires municipales de l'Ontario Z 930107 C 930441 Z 940003 C 930525 C 930526 IN THE MATTER OF Section 17(l 1) of the Planning Act, 1983 IL AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on requests by Bowmanville Mall and 829426 Ontario TY—i1'0 Inc.for consideration of Proposed Amendment No. /T 40 to the Official Plan for the Town of Newcastle Cx. BY.. (now the Municipality of Clarington) R1 0L Minister's File No. 18-OP-0194-040 O.M.B. File No. O 920252 rS T , ---—I----- ` AND IN THE MATTER OF a referral to this Board -- - by the Honourable Minister of Municipal Affairs, on —- ------ -, ------ requests by Bowmanville Mall and 829426 Ontario =s - - - ---- Inc. for consideration of Proposed Amendment No. =j ---- 255 to the Official Plan for the Regional Municipality of Durham, 1976 - Minister's File No. 18-OP-0010-255 O.M.B. File No. O 920254 - and - IN THE MATTER OF Section 34(11) of the Planning Act, 1983 AND IN THE MATTER OF an appeal to this Board by 829426 Ontario Inc. for an order amending By- law 84-63 of the Municipality of Clarington (formerly the Town of Newcastle) to rezone lands being composed of Part of Lots 15 and 16, Concession 1, located at the southeast corner of Green Road and Highway No. 2 in Bowmanville from "A" Agriculture to an appropriate zoning category to permit a shopping centre O.M.B. File No. Z 920187 - `# IN THE MATTER OF Section 40(12) of the , Planning Act, 1983 AND IN THE MATTER OF a referral to this Board by 829426 Ontario Inc. to determine and settle the details of a site plan with respect to the 4s development of lands being composed of Part of r Lots 15 and 16, Concession 1, located at the southeast corner of Green Road and Highway No. 2, In the Municipality of Clarington (formerly the r Town of Newcastle) O.M.B. File No. M 920126 AND IN THE MATTER OF a.referral to this Board by 894756 Ontario Limited to determine and settle the details of a site plan with respect to the development of lands being composed of Part of Lot 15, Concession 1, located at the southwest comer of Highway 2 and Highway 57, in the Municipality of Clarington (formerly the Town of Newcastle) O.M.B. File No. M 930119 r and - IN THE MATTER OF Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13 AND IN THE MATTER OF an appeal to this Board . by 894756 Ontario Limited for an order amending Y By-law 84-63 of the Municipality of Clarington to rezone lands being composed of Part of Lot 15, Concession 1, from W Agriculture to an r appropriate zoning category to implement the proposed shopping centre O.M.B. File No. Z 930107 AND IN THE MATTER OF an appeal to this Board by Willsonia Industries Limited for an order amending By-law 84-63 of the Municipality of Clarington to rezone lands being composed of Part of Lot 16, Conc 1, located at the northwest corner - 3 - O 920252 et al of Highway No. 2 and Regional Road Number 57, from Agricultural "A", to Commercial, to permit development of a 24,536 sq. meter mall O.M.B. File No. Z 940003 - and - IN THE MATTER OF Section 1711 of the Planning Act, R.S.O. 1990, c. P.13 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on s requests by the Bowmanville Mall, 894756 Ontario Limited and 829426 Ontario Inc. for consideration of the following portions of the Official Plan for the Regional Municipality of Durham (1991): Main Central Area symbol for Bowmanville as shown on IL Map "A5'; all lands within the proposed Main Central Area for Bowmanville (that being those lands covered by proposed Amendment No. 255 (O.M.B. File No. O 920254) and No. 290 (O.M.B. File No. O 930308) Lto the Official Plan for the Region of Durham- 1976);the following floorspace allocation in Section 9.3.3.(a): Bowmanville 200000 sq.m.; and Sections 8.2.1, 9.2.2, and 9.2.3 in their entirety as they pertain to the Bowmanville Main Central Area, and more specifically, to the other referred portions of this Plan • ` Minister's File No. 18-OP-0012 O.M.B. File No. O 930306 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on requests by Bowmanville Mall and 894756 Ontario Limited,for consideration of proposed Amendment No. 55 to the Official Plan to the former Town of Newcastle (now the Municipality of Clarington) Minister's File No. 18-OP-0194-055 O.M.B. File No. O 930307 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on requests by the. Bowmanville Mall and 894756 r J - 4 - Ontario Limited, for consideration of proposed Amendment No. 290 to the Official Plan to the Region of Durham, 1976 Minister's File No. 18-OP-0010-290 O.M.B. File No. O 930308 r '¢ AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on a request by the Bowmanville Mall, for consideration of proposed Amendment No. 54 to the Official Plan to the Municipality of Clarington (former Town of Newcastle) Minister's File No. 18-OP-0194-054 O.M.B. File No. O 940007 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on requests by the Bowmanville Mall, 894756 Ontario -- Limited and 829426 Ontario Inc. for consideration of proposed Amendment No. 56 to the Official Plan to the Municipality of Clarington (former Town of Newcastle) Minister's File No. 18-OP-0194-056 O.M.B. File No. O 940008 r - and - r IN THE MATTER OF Section 53(7)of the Planning Act, R.S.O. 1990, c. P.13 AND IN THE MATTER OF three appeals by • 829426 Ontario Inc. against three decisions of the Regional Municipality of Durham Land Division Committee, from three applications numbered. B-168193, B-221/93 and B-222/93, lands being composed of Part of Lots 15 and 16, Concession 1, in the Municipality of Clarington (Darlington) O.M.B. File No.(s) C 930441, C 930525, C 930526 r r r 5 O 920252 et al IL COUNSEL : K. MacGregor for Region of Durham D. Hefferon for Municipality of Clanngt on S. Dawes R. K. Webb for 829426 Ontario Inc. R. Bennel (Markborough Properties Inc.) A. Strike for Bowmanville Business Centre R. Elliott' for Barmond Builders (Bowmanville Mall) R. Worboys for Willsonia Industries Ltd. J. Davies for 894756 Ontario Ltd. (Ghod's Builders Inc.) L. F. Townsend for Valiant Property management DECISION OF THE BOARD delivered by J.R. MILLS AND C.A. BEACH It was decided at the outset of the hearing that the marketing evidence would be put in and tested first and then be followed by the planning evidence. In this decision you will see that the reverse course is true and the reasons for this will become apparent to the reader in short order. Markborough Properties Inc.and West Bowmanville Developments(Markborough), Delbert Development Corp., now Ghod's Builders Inc. (Ghod's), Darlington Properties Ltd., now Willsonia Industries Ltd (Willsonia) and Vanstone Mills Inc. submitted development applications to the Regional Municipality of Durham (Region) to develop lands in the Municipality of Caarington, formerly the Town of Newcastle. The lands are located west of the Bowmanville Main Central Area and west of the Bowmanville Creek.The lands are contained between the Canadian Pacific Railway tracks to the - 6 - south, Green Road to the west and Bowmanville Creek to the east. Highway No. 2, an east to west Regional Road which will be assumed by the municipality in 1995, bisects the lands into north and south parcels. Regional Road 57, a north to south road 4 crosses the lands near its east edge. The applications require the expansion of the Bowmanville Major Urban Area and Bowmanville Main Central Area. Such expansion requires amendments to the Region of Durham and Town of Newcastle's Official Plans, the Town's By-Law, site plan submissions and, consent to convey applications. Referrals and appeals of these planning instruments have resulted in this hearing. ' Official Plan Amendment No. 56 (OPA 56) is the significant Amendment before the Board. Its primary purpose is to incorporate a Secondary Plan for the west Main central Area into the official plan of the former Town of Newcastle. If approved, it repeals in part or in whole the Town of Newcastle OPA's 40 and 55 and supersedes the Region OPA's 255 and 290. OPA 54 relates to the Vanstone Mill Inc. property. It is not affected by OPA 56. A detailed consideration of these applications was occurring at a time when a new Regional Official Plan was about to be adopted and the land use planning relationship i between the Town of Newcastle and the Region of Durham was about to be changed ■ because of an amendment to the Durham Act. The Regional Official Plan of 1976 was superseded by the adoption of a new Official Plan on June 5, 1991. Also, as of June 27, 1991, as a result of an amendment to the Durham Act, the Region is no longer responsible for the approval of the Town's Official Plans. Such plans will now be sent i directly to the Ministry of Municipal Affairs for approval. However, although the Regional 1991 Official Plan is now the operating Official Plan for the Region (other than the parts- referred), the Official Plan of the Town of Newcastle remains in force. It is noted that the land use planning context of OPA's 40, 54, 55, 255, and 290 is the 1976 Regional Official Plan, the Town of Newcastle Official Plan and the Region's - 7 - O 920252 et al planning relationship with the Town of Newcastle prior to June, 1991. It is also noted, however, that the planning context of Amendment No. 56 is the 1991 Regional Official Plan, and the Town's post 1991 relationship with the Ministry of Municipal Affairs. IL The foregoing and following provide the context for an understanding of the Board's deliberations and its findings. Amendment No. 255 to the Durham Region Official Plan was approved by Regional Council on February 6, 1991. This amendment arose out of development applications by Markborough, Ghod's, Willsonia and Vanstone Mills Inc. The Amendment extended the boundaries of Bowmanville's Major Urban Area and the Main Central Area. In addition, the retail floorspace allocation for the Main Central Area of 46,500 s . m. 500 000 s . ft. under the 1976 Regional Official Plan was increased-to q ( q ) g 100,000 sq.m. (1,076,400 sq.ft.) Amendment No. 40 to the Town of Newcastle Official Plan is a companion Amendment to OPA 255. Similarly to OPA 255, it extends the boundaries of Bowmanville's Major Urban and Main Central Areas and increases the retail floorspace allocation for the Main Central Area to 100,000 sq.m. In addition, it sets out a more detailed policy framework for development of the lands in question. It requires that development of the lands be based on the principle of appropriately sized blocks separated by a grid system of public rights-of-way and the submission of an urban design plan for the lands. Amendment No. 290 to the Region Official Plan and its companion Amendment No. 55 to the Town of Newcastle Official Plan permit a further westward expansion of Bowmanville's Major Urban and Main Central Areas north of Highway No. 2. Amendment No. 54 to the Town of Newcastle Official Plan deletes the Vanstone Mill Inc. lands from the area covered by OPA 40. It provides for the expansion of the boundaries of the Major Urban and Main Central Areas in order to include the Vanstone Mill Inc.'s lands within the expanded area, provides land use designations for the lands a - 8 - and an increase in the total gross retail and personal service floor areas for the Bowmanville Main Central Area. N With respect to these Amendments, substantive issues arise from the cases = submitted by the various parties: the appropriateness of extending the existing a Bowmanville Main Central Area; the appropriate level of allocation of retail, commercial and accessory uses floor space which would accompany the extension, its placement in the expanded area and the likely impacts on the retail/commercial functions of the existing Main Central Area. It follows, therefore, that there are two different but inter- related planning matters before the Board. A land use component and a retail/commercial market component. The uestions which have to be addressed dressed then are: will the extension of the existing Main Central Area to the west impair its economic stability and vitality to the point where the planned functions of land use are severely compromised? This question, in the light of the foregoing is considered a retail/commercial market analyst question.y q n. The other, is, if the extension of the existing Main Central Area is allowed, and an increase in allocation of retail, commercial and accessory uses floor space is granted, what form should the urban structure of the extension take? This question, in the Board's deliberations will be considered as a land use planning question. Over tho course of the hearing, the Board received a volumi 9 voluminous'amount of land use planning and retail market analysis evidence. Its reference point in its review and analysis of this evidence is the 1991 Official Plan of the Region of Durham. This plan projects the land use planning vision of the Region, and, in the Board's opinion which is based on the evidence adduced, derives its planning legitimacy from the various studies on which it is based, its airing at public meetings over a period of seven years and ultimately, its endorsement by Regional Council and the Province. The Board first addresses the land use planning issues. - 9 - O 920252 et al The Board, on the basis of the Regional planner's evidence and the Berridge Lewinberg Greenberg Ltd. Phase 1: Overview Bowmanville Main Central Area Study, takes the view that there is a Provincial perspective to the matters before the Board. This perspective is as a result of several studies which anticipate a rapid increase of population in the Greater Toronto Area over the next thirty years.The Region of Durham, alive to the policy direction of the Province, and having experienced a relatively rapid IL increase in its population particularly in the period 1986 to 1991, anticipates an increase in its population. it has enshrined goals and policies in its 1991 approved Official Plan to structure such'growth and to provide a policy framework for development in the Region over the next 30 years. it is also the evidence of the planner who appeared on behalf of Bowmanville, that one of the municipality's key objectives is growth. One of the goals of the Regional Official Plan, 1991 is to promote distinct, compact urban areas which are separated from one another. To this end it has structured four distinct and compact urban areas: the Whitby/Oshawa/Courtice urban area as the focal point of the Region; the Pickering/Ajax urban area as the western anchor of the Region the Bowmanville/Newcastle Village urban area as the eastern anchor of the Region; and the smaller urban areas of Beaverton, Cannington, Sunderland, Uxbridge, Port Perry, and Orono. The main focus of this hearing is the Bowmanville urban area, which is part of the if designated eastern anchor of the Region. Although this planning precept of as the designated eastern anchor of the Bowmanville/Newcastle Village urban area g Region was challenged by planners and a market analyst opposed in part or in whole r - 10 - r to the applications, the Board adepts and prefers the evidence of the Region and xY Municipality planners. Their evidence is based on a number of vigorous studies which resulted in the endorsement of the Bowmanville/Newcastle Village Urban Area as a regional centre within the municipality of Clarington. The evidence indicates that a number of activities which would influence the planning and development of Durham Region were coalescing around 1989 to 1991. Examples of such activities are: an extensive 7 year review of its 1976 Official Plan which led to the adoption of a new Official Plan in 1991; major development applications for development in the west end of Clarington; and various studies with respect to population and employment in the Greater Toronto Area (GTA) which influenced the planning of member municipalities of the GTA. The Region, according to the evidence of its planner, has taken a proactive approach to Provincial policies to promote its planning vision. Based on its own studies r and population projections of various GTA forecasts, it established a population target of approximately 1,000,000 by the year 2021 for the Region. Working in consort with its constituent municipalities it then established population targets for these municipalities as found in policy 3.3.5 of its 1991 Official Plan, on page 13 of Exhibit 18. A population target of 85,000 for year 2021 was allocated to Bowmanville. This ' fact, the development applications in the west end of Bowmanville which are the subject of the various OPA's referenced above, together with a Regional policy of not supporting development isolated from the existing Main Central Area, and the designation of Bowmanville as part of the eastern anchor of the Region all led to the planned extension of the Urban and Main Central Areas of Bowmanville. Such extensions, it is anticipated, will provide to some extent for the projected increase in population and the orderly extension of the existing Bowmanville Urban and Main Central Areas. r r r O 920252 et al The Region, for its Urban Areas, has a well defined planning and development structure. This structure is outlined here to provide a context and an understanding of the Region's thinking in its support of an expanded Urban and Main Central Area. Central areas are classified in a hierarchy of functions as outlined in policy 9.12 of the Regional Official Plan (Exhibit 18). The highest level in this hierarchy are the Main Central Areas which are to be planned and developed as the main concentrations of urban activities within area municipalities. They are to provide a full array of community, office, service artd shopping, recreational and residential uses. Sub-Central Areas, Community Central Areas and Local Central Areas are to be developed and planned in a similar manner to Main Central Areas but in a descending order of development scale. Additionally, Local Central Areas are to be planned and developed to serve the daX- day needs of the residents of the surrounding living areas. The relationship of,these Central Areas is addressed by a number of common planning principles which state that these areas should complement each other and that one area should not be developed so as to preclude the development of another planned area or to affect an existing area to the point where its planned functions are seriously eroded. Sections 8 and 9 of the Regional Plan set out a number of policies with respect to Urban and Central Areas. The Board with respect to the matters before it, emphasises tho of these policies here. articular) Important First, the adaptability over time of an Urban Area. This is particularly p given the 30 year time frame of the Regional Official Plan which is the basis of its population projections and therefore a determinant with respect to the level of the development that is envisioned. Therefore, there has to be an overall vision which incorporates population projections, servicing needs, scale and quality of development. Because the term of the Plan has been predetermined, the Region, and by planning necessity the Town, has instituted a planning structure through its polices. This structure, according to the evidence of the planners for both the Region and the Town is flexible - 12 - and is able to accommodate changes that can occur over time without compromising the thrust and intent of the Official Plan. Second, given that the subject applications require an expansion of the existing #, Urban and Main Central Areas of Bowmanville, the physical, cultural/heritage and economic fabric of the existing Main Central Area must not be allowed to fall Into what can be described as a state of disrepair by allowing uncontrolled expansion and Ey development of an expanded Urban and Main Central Area. This major issue is given relevance and is emphasised in part by policy 9.2.3 of the Regional Official Plan which R states: "Any development of additional floor space for the retailing of goods and services in Central Areas shall not be permitted if the viability of any existing Central Area is likely to experience an undue economic decline...." The outcome of the matters before the Board is dependent on how successful the Region, the Town and the applicants have been in addressing the two planning policies or principles mentioned in the foregoing. A major determinant with respect to OPA 56 is the projected population growth for the Municipality of Clarin ton and for Bowmanville in articular. Can the development 9 P p . levels envisaged by OPA 56 for Bowmanville, be justified by the population projected for the Town of Clarington? • As mentioned previously, the Region, based on GTA, GTCC and its own studies projected a population of approximately 1,000,000 (Exhibit 36, Table A6) by the year s 2021 for the Region. Of this population, 85,000 is attributed to Bowmanville. A review of the census population figures, 1981 to 1991, for Bowmanville and the Town of Newcastle (Exhibit 36, Table A3 & Table A5) reveal the following: - 13 - O 920252 et al Newcastle Bowmanville 1981 ' 32,229 13,080 1986 34,073 13,325 1991 49,479 15,800 The figures reveal a 53.5% increase in population between 1981 and 1991 and a 45.2% increase between 1986 and 1991. The latter mentioned increase indicates an average annual.growth rate of 7.8%. However, as can be ascertained from Exhibit 151 and as emphasised by the market analyst for Barmond Builders, Courtice has been the primary growth area in the Town, attracting approximately 8,000 new residents while Bowmanville attracted approximately 2,000 residents over the same period. The analyst, basing his evidence on the established fact that Courtice was the primary growth area in the Region for the period 1986 to 1991, also questioned the wisdom of the Town allocating a larger proportion of future population growth in Bowmanville rather than Courtice. The planner for the Town of Clarington, in justification.of Bowmanville being.the recipient of the larger proportion of population growth relative to Courtice, drew the Board's attentipn to the existing and planned development activity in Bowmanville. He referred to Table B8 of Exhibit 36 which indicates the status of building units at January 1, 1994 for Bowmanville and is reproduced below: No. of lots fully serviced 697 No. of lots draft approved 328 with approved engineering No. of lots draft approved 3489 No. of lots seeking draft approval 1168 i - 14 - V that conform to O.P. No. of lots seeking draft approval 3851 which require O.P.A.'s Total 9533 Allowing 3 persons per unit, there is an existing population potential, based on ■ 9533 units of 28,599 persons for Bowmanville. Figure B10 of Exhibit 36 also indicates ■ that of all the draft approved and registered residential units in the Urban Areas of the k Municipality of Clarington, 71% are in Bowmanville. This indicates to the Board that Bowmanville, for whatever reason, is clearly a significant choice for residential development in the Municipality. The Board, on a review of Exhibit 23 (Map A5) notes undeveloped areas designed for Livable Areas (residential development). This is also a clear indication that the Region and Bowmanville have provided for an expected growth y in population. r The market analyst for West Bowmanville Development is correct when he stated that the Region and Town's population projection Is "policy driven", and represent a "top down" approach between population and development. The Board is of the opinion that it cannot be otherwise. The Region and the Town have approved Official Plans. These Plans contain policies which find expression in the designation and zoning of land, the type of land use, the density of that use and therefore the population yield. Their planning and population projection by necessity precede development. From the evidence adduced, it was obvious that the land use planning and population projections were not done in a vacuum. Instead, they were based on relevant studies. The directions and policies which flow from these studies and which represent the vision of the municipality were aired at public meetings. To that extent, it is a "top down approach". As to the contention of the market analyst that the demand aspect of building development is r - 15 - O 920252 et al missing, in the Board's opinion, this is not entirely correct. Table B8 of Exhibit 36 which indicates the status of building units in Clarington, certainly indicated to the Board an interest on the part of developers to locate in Bowmanville. This in turn, in the Board's opinion is a response to the demand for residential development in Bowmanville. Popula science and, or structural tion projection is not an exact given the major adjustments which frequently occur in the economy in the short term, projections may not be achieved. However, in summarising the evidence of both the regional and municipal planners on this point, both levels of government are in the planning and business for the Ion term and like investment in mutual funds, over the long forecasting g , term projections are likely to be achieved. Nevertheless, the Board finds that the Region and the Town have the policies and the authority through land use designation, zoning and infrastructure planning to direct within reason the location and the pace of future population growth, and find that their population forecasts have been well researched and are reasonable given the historic growth and the time span over which growth is expected to occur. Notwithstanding the error in population projection made by the Municipality,which was brought to the Board's attention, the Board's findings on population projections remain unchanged. The Board noted no disagreement between the parties on a cardinal planning principle, protection of the existing Bowmanville Main Central Area. It is therefore necessary to have a good understanding of this particular Main Central Area and why it should be protected. Bowmanville is located just east of the Bowmanville Creek and is centred largely on Highway No.2. It is suggested that it was established at the turn of the nineteenth 9 Y 9 century because the nearby creeks were a good source of power for mills, the soils were II and the townsite was close to a good harbour on Lake Ontario. The evidence excellent 9 indicates that although it has experienced a rapid increase in population in the 1980's it has maintained its small town character. However, the growth pressures of the - 16 - Toronto-centred region and the improvement in transportation links has largely changed its role as a service and administration centre for a large rural region to a dormitory suburb of Metropolitan Toronto. It is a tightly knit urban community with a fine network of grid pattern streets and numerous community facilities. It has a Main Central Area which extends from Scugog Street on the west to Mearns Avenue on the east with a width that is approximately two blocks north and one and a half blocks south of Highway No. 2. Given its existence for well over a hundred years it has developed a strong historic core and its chronological development patterns are so distinct that they can be delineated within'the Main Central Area. The historic core (old downtown) is situated at the west end and within its bounds are contained the majority of the original homes, businesses and public buildings. This wealth of architectural detail gives the old downtown a distinctly historic atmosphere. An increasing pressure for additional commercial and residential growth over time has led to an eastward expansion of the Main Central Area from its "old downtown". Like many market towns, the commercial area fronts onto the main street (Highway No.2) for its full length through Bowmanville it is anchored by the Bowmanville Mall at the east end and its historic core at its west end. The community facilities for the large part are located at the west end within the historic core and are located north and south of the,oommercial area. Residential development flanks the commercial area at the centre and east end of the commercial area. There is also some residential development at the west end within the historic core. The existing residential development, particularly at the centre of the Main Central Area is under pressure because of encroachment of commercial activities into the area. In summary, there is a distinct architectural character to Bowmanville. The preservation of its original public and residential buildings set as they are in a fine grain urban structure grid gives Bowmanville its architectural distinction. Such an urban style , is not easily emulated. - 17 - O 920252 et al Therefore, despite the very good urban design plan for the West Main Central Area (Exhibit 58) exhibited by Berridge Lewinberg Greenberg Ltd., the municipality's consultant, the Board finds that the West Main central Area cannot be considered an extension of the existing or East Main Central Area. The architectural setting, styles and urban design of the two Main Central Areas are just not similar. The attraction of retail/commercial development fronting onto Highway No. 2 west of Bowmanville Creek has no doubt played a part in the development proposals of Markborough, Willsonia and Ghod's. And, the creation of a West Main Central Area as an extension bf the East (existing) Main Central Area has its retail/commercial attractions. Council, recognising that the Region was against the development of the Markborough site as an isolated development,aware that large scale development within the East Main Central Area and its immediate vicinity was improbable without large scale demolition of existing commercial and residential properties, yet aware of commercial and residential development pressures in Bowmanville, commissioned a Secondary Plan which was adopted by the Council of the Municipality of Clarington as Official Plan Amendment No. 56. The basis of this amendment was a number of rigorous land use and retail market analysis studies done by staff and consultants, noteworthy is the Bowmanville Main Central Area Study. The significant conclusions that came out of these studies were: Regional Centre within the 1. Endorsement of the Bowmanville Urban Area as a Re g Municipality of Clarington; 2. Protection of the existing Main Central Area; 3. Supportable retail floor space for various categories of merchandise; 4. Commercial development targets for Bowmanville that are related to population thresholds in Clarington; and ki, r - 18 - tr 5. Development of a grid and block system for the structuring of the West Main Central Area in order to provide a context within which commercial development applications could be reviewed. The Bowmanville Main Central Area study reinforced the policy direction of the Region and local municipality which emphasised the growth of Bowmanville and Newcastle Village as a Regional Centre and.the east anchor of the Region. The commercial structure study by Bowmanville's staff which investigated the existing inventory of retail and personal service floor space concluded that Bowmanville had virtually achieved its Official Plan target of 45,900 M2 (500,000 sq. ft.).'Staff, noting the low per capita retail space usage in Bowmanville, the growth in household purchasing power, the increase in average family income, the residential development east of Regional Road 57 and the lack of comparison shopping (junior department store) in Bowmanville recommended a retail floor space target of 100,000 M2(1,076,000)based on a projected population of 42,500. Staff also concluded that the retail and personal service needs envisioned could not be met by scattered independent retailers. Therefore, the Region and Bowmanville, shifted its focus to the area west of Highway 57, referred to as the West Main Central Area. The lands are located essentially north and south of Highway,No. 2 between Green Road knd the C. P. Rail overpass (Exhibit 64). The lands are predominantly vacant with the exception of churches north and south of Highway No. 2, the Bowmanville Recreation Complex on the north side and a Canadian Tire complex on the south side of Highway No. 2. There are orchards on the extreme west of the lands. Surrounding uses include developing residential uses on the south side, residentially designated lands and agriculture on the west and vacant lands on the north. As would be expected from developments of this scale and complexity, the development proposals now before the Board are some what different to those originally proposed. It is also noted that the Vanstone Mills proposal has been satisfactorily addressed by all parties and its consideration will play no further part in these deliberations. 1 hill - 19 - O 920252 et al Specifically, Regional Council approved the following retail/commercial floor space allocations within the first phase of development (OPA 56): _ a maximum of 18,580 m 2 ( 200,000 sq. ft.) generally in an open plaza format on the site of the Markborough proposal; a maximum of 3,720 m2 (40,000 sq. ft.) on the Willsonia lands north of highway No. 2; and a maximum of 270 (2,900 sq. ft.) on the south west comer of Highway No. 2 and Regional Road 57 for a McDonald's restaurant. The combined Markborough/Willsonia site plan (Exhibit 43) locates the Markborough development in the southeast quadrant of the Green Road/Highway No. 2 intersection. Markborough supports the OPA 56 provision for retail/commercial floor space. It also disagrees with Bowmanville's proposal to modify its site plan with respect to treatment at the Street "B"/Street "A" intersection and the access onto Green Road. Their development also requires the approval of three applications for consent to convey. One is to sever the development proposal lands from the original land holding and the other two are with respect to right-of-way provisions. With respect to the entrance onto Green Road. The Board notes that it provides an additional access into the site and should prove beneficial with respect to circulation particularly when areas to the south of the lands are further developed. The Board agrees with Markborough's position. With respect to the buffering of the northwest corner of the Street "A" and Street "B" intersection, the Board prefers the soft landscaping b means of a fill mound and tree planting over that of a retaining wall. Y P 9 From a Planning Point of View: 1. The Board agrees in principle with the site plan and zoning by-law applicable to wever, the Board also agrees with counsel for the the Markborough lands. Ho g Municipality of Clarington that this panel of the Board maintain jurisdiction over the site - 20 - plan matters but adjourns these matters to allow for further consultation between Markborough, the Municipality and Region. ,t 2. The Board allows the consent to sever appeal with respect to serving the development proposal and from the original land holding and orders.that the application �y be granted. The Board adjourns the other two applications to allow further discussion between Markborough and the Municipality and the preparation of an appropriate survey plan. 3. The Willsonia development is located opposite Markborough on the.north side of Highway No. 2. It supports the OPA 56 provision for retail/commercial floor space on its lands. Late into the hearing the Board was made aware of the potential of on-site soils having been contaminated. Again, the Board agrees in principle with the zoning by-law pertaining to the lands. The site plan is not before the Board. However, it takes cognisance of the request of counsel for the municipality that the zoning by-law g 4 P tY g Y be placed in a holding category until such time as the Board is informed by the Municipality that the issue of contamination is resolved. Accordingly, the Board approves the by-law pertaining to the Willsonia lands but places it in a holding category in accordance with section 36(1) of the Planning Act, 1990 but withholds its order. 4. Ghod's development is located in the southwest corner of the Highway No.2 and Regional Road 57 intersection. They do not support the OPA 56• retail/commercial provision for floor space, the location of residential development adjacent to the rail corridor, the alignment of Street "A" and suggest modification to the language of OPA 56 to include a "Landmark" policy with respect to the location of its development. Ghod's also suggests a need to modify the nature of the language of sections 8.2.1 and 9.2.2 of the Region's Official Plan. It would like to see a softening of the term "shall be". 5. The Board finds that residential development is appropriate and can be accommodated adjacent to the railway corridor as indicated on the Land Use Plan , (Exhibit 16). However,the Board agrees with the planners who gave evidence on behalf of Ghod's that office development at the corner of Highway No. 2 and Regional Road 57 r - 21 - O 920252 et al intersection is unlikely in the near or mid-term. The demand for such use, according to their evidence is just not there. However, the Board also agrees with the Municipality's planner that the intersection provides a "Landmark" opportunity as an entry point to the OPA 56 lands. Accordingly, the Board will allow the establishment of an IGA and other retail development explained later in this Decision on the site. However, it must not be at the expense of a future development of a landmark building at the intersection on Ghod's lands. As a result, this panel of the Board will maintain its jurisdiction over the related by-law and site plan but will adjourn both matters to allow further discussions between the Municipality and Ghod's. Such discussions are to attempt to resolve the performance standards to be included in both the zoning by-law and site plan. The issue with respect to the intersection of Streets "A", "F" and Street "A" and Regional Road 57 are contained in Minutes of Settlement(Exhibit 210) between Ghod's, the Region and the Municipality of Ciadngton. Bowmanville, recognising the 20 year time frame of OPA 56, the large land area covered by the amendment and its ultimate development potential, established an urban design structure to plan, control and provide a framework as a guide to development over the life of the OPA. This long term physical framework is well documented in the Main Central Area Study (Exhibit 58) and was well presented and defended in evidence by the authors of the study. The proposed land use which has resulted from the evaluation of various options and council's considered input are reflected in Exhibits 16 and 58. Although the land use plan and the urban design plan are inter-related, in essence the urban design plan and guidelines flow from the proposed land use. Both recognise that Highway No. 2 which is soon to be adopted by the Region had to be urbanised for its length through the fflz OPA 56 lands. The network of streets provide for good transportation access and pedestrian connectivity through and between development blocks and is consistent with the grid pattern of streets envisioned in the Region 1991 Official Plan. The Go Station - 22 - proposed at the south end of the lands, west of Regional Road 57 would enhance access to the site immeasurably. The Board finds that the West Main Central Area must be planned in accordance with the proposed land use indicated on Exhibit 16 and the Urban Design Plan and Guidelines contained in Exhibit 58; with the exception that the West Main Central Area is not an extension of the existing East Main Central Area for the reasons given earlier in this Decision. Also to be incorporated in the West Main Central Area are the Board ' findings with respect to an IGA on Ghod's lands. This is addressed later in the market analysis section of this Decision. The very basis of OPA 56 was challenged by the planner for Bowmanville Mall. It was his opinion that the Regional Structure which designates 'the Bowmanville/Newcastle Village as the eastern anchor of the Region was flawed. He contended that the permanent agricultural reserve which now separates Bowmanville from Newcastle Village will disappear because of a coalescence between Bowmanville and Newcastle Village due to development pressure and as a result the planning centre of.gravity will shift to the east away from Bowmanville. - Despite the weight of the considerable planning experience behind such a thought, the Board finds two fundamental problems with that planning, proposition. It 9 � P P 9P P does not recognise the present reality of preserving agricultural lands, which is a provincial policy objective. And, secondly, the unsupported basis for such a proposition. In contrast to the latter proposition, the Region and Municipality, in developing the policies of the Region's 1991 Official embarked on a seven year exercise. The discussions on which the policies were based were extensive and intensive. It involved studies by staff and other experts external to the Region. The process was open and involved a number of consultations with the public. 1 Because of the foregoing reasons, the Board prefers the evidence of the Region and Municipal planners over that of the planner for Bowmanville Mall. Therefore, the - 23 - O 920252 et al Board finds that the policies of the 1991 Region Official Plan filed as Exhibit 18 represent good planning policies and recommends their adoption. The planner for Bowmanville Mall, raised the issue of"Big Box Retailers" on the OPA 56 lands. If anything, it confirmed the Board's opinion that Bowmanville Mall's opposition to OPA 56 was more market analysis related than land use related. Its market analysis concerns are dealt with later in this Decision. No fewer than six eminently qualified market analysts gave evidence at this hearing. Mr. Kircher represented Markborough; Mr. Morgan represented Willsonia; Mr. Suichies represented Ghod's; Mr. Stamm represented Bowmanville Mall; Mr. Dee represented Valiant Properties and Mr. Climans represented the Town of Clarington. A During the market evidence and cross examination thereof, it became apparent that the Board was going to have to decide before the hearing was over what type of retail animal in the scheme of things a 30 - 35,000 square foot MetMart was, which was being located in the Bowmanville Mall. Bowmanville Mall through Mr. Stamm tried to convince the Board that it was a junior department store and similar to a smaller type Zellers store, while Markborough and the Town took the position that it was not. The Board took a day off from the hearing and travelled extensively by car throughout southwest O t rio where it was possible to see all of the various type department stores IL so n P P operating within the relatively same geographic area. On returning from that inspection the Board issued the following oral decision which was transcribed as follows: "CHAIRMAN MILLS: What the Board would like to do at the outset is to report its findings on its store visits yesterday. I think we're doing that in light of the fact that we've been requested, at least in part,to make preliminary findings where we can which might help counsel see where they're going or adjust to where they're going or whatever. We did not go to Hawkesbury as requested for two reasons: one, the Board's budget, which they didn't think that was a very good idea. But secondly, it was in hopes, if we did, that we could have tied it in with seeing some other - 24 - Zellers and K-Mart stores which could have been appropriate close by, and that was not possible either. _ So what we did do was we went to the following. We went to--we started off at the Zellers store in the Penn Centre at St. Catharines, which is a 30,000- square-foot Zellers. We then went to K Mart in Seaway Mall in Welland, which is presently 50,000 square feet, being expanded in the next week to 73,000 square feet. Some of it's now filled with the expansion. We then went to — are you all right? We then went to a store called Bargains Bargains. It used,to be Bargain t' Harold's: They're now coming on the market again as Bargains Bargains, a store which is a 10,000-square-foot general merchandise store, and we went to the By-Way -- that's in Welland -- the By Way which is located next door, another 10,000-square-foot general merchandise store. r .r And we finished off by going to the MetMart in Welland, which, for the record, we will now put in is 25,000 square feet, less the cafeteria. And that is not only the estimate of the manager of the store, but Mr. Beach and I actually u paced off the selling area. MR. ELLIOTT: Did you count the ceiling tiles? CHAIRMAN MILLS: No. He counted the floor tiles and I counted actual -- MR. ELLIOTT: So that's 25 -- I'm sorry sir, that's 25,000 selling area? CHAIRMAN MILLS: These are all selling areas that I'm giving Y ou, and Its less the cafeteria, which was about 1,100 square feet. Its not a big cafeteria. I'd give you the exact figures, but I've left the figures at home. MR. ELLIOTT: Okay. , CHAIRMAN MILLS: In each case, we went to the manager of the store when we arrived and explained who we were and why we were there, what we were after, - 25 - O 920252 et al and that we weren't going to be using all kinds of sales evidence.and so on. We weren't after sales figures and that type of thing. I must say they were very co- operative. In the first two Zellers stores, the main store managers were at conferences, but we did deal with assistant managers, and we dealt with the managers of all the other stores. The most interesting fact was that not one person cared, let alone knew, how many SKU's were in their store; had no idea. They didn't know whether they had 30,000 units, stock-keeping units, whether . they had 50,000. When you give them a suggested figure, they say, yeah, that sounds reasonable but we don't know. And we finally, in the MetMart store, got to the person who does all the ordering. She had no idea whatsoever how many SKU's. She said I couldn't tell you. I said 50,000? Maybe. 30,000? Maybe. She said I couldn't add them up. What they did tell us in the MetMart was that they had 49 departments but that that was, according to the manager, she said that's quite misleading because a department might be female children's; male children's might be another one. They have, within the clothing department, all kinds of departments, so don't go by that. Its -- I'm making these comments in not necessarily any order of importance. It was interesting that, in talking to the'two Zellers stores, that the Zellers stores found themselves to be in different leagues. The 60,000-square- foot Fairview Mall store thought that the 30,000-square-foot Zellers-was very inferior,, appealed to a different market, and offered much less variety and sometimes lower-quality merchandise. The MetMart manager felt that her store was among the top stores of MetMart, but she made the comment, and I can't quote her exactly, was when we asked her who she thought she competed with, she thought it was Zellers and K Mart, but made the comment that it's impossible in 30,000— in 25,000 square feet to compete with a 60,000-foot Zellers, as an example. You just can't offer the quality and the quantity. And that was -- she volunteered that. That wasn't anything we set her up for. F - 26 - It was interesting in looking at the Seaway Mall, that in some ways is similar to what's proposed by Markborough because there's a Canadian Tire 'x freestanding across the road. Just a comment. It's also interesting that K-Mart was expanding from 50,000 to 73,000 where Wal-Mart is to open shortly in the same plaza. And the manager actually was thankful that Wal-Mart was coming to the plaza. They looked forward to the competition and thought that Wal-Mart would draw a lot more people to the mall. a 1 think those are the general comments. The MetMart — oh, sorry. We looked at the clothing mix of the various stores. And the estimates we're going to give you are based on our visual, I guess, impressions then confirmed by the managers, who again had no specific--they couldn't say it's 51 percent or 62 but agreed with the following. In the Penn Centre store, there was 60 to 65 percent clothing. In the Fairview store, it was 50 to 60; in the K-Mart, it was 50 percent. In the Bargain Bargains, it was 70 percent; in the 131-Way, it was 60 to 70 percent; and in the MetMart, it was 50 percent. v Now, it's very clear in the Metmart when you looked at it versus the other Zellers and the K Marts particularly, it had absolutely no sporting goods, very limited hardware; for instance, no paint department, no automotive department. Now,,whether they could have is another question, but they didri't have. m MR. ELLIOTT: Sorry, what was after no paint? <r CHAIRMAN MILLS: No automotive, very limited hardware, no sporting goods. MR. ELLIOTT: Thank you. CHAIRMAN MILLS: And by sporting goods, I'm including things like bicycles, which were very common in the other stores. They had one tricycle but they didn't have any bicycles around. It was very common for the Zellers or the K-Mart t to have 50 or 100 bicycles. zn g - 27 - O 920252 et al Now, I'll just check my notes here. I think the overall impression that Mr. Beach and I had, and we fully agreed on, was that there's a totally different impression one gets walking into a 60,000-square-foot store and a 30,000 or under square foot store. It's night and day. Its not a subtle difference in any way. Not only is the product range much greater in a 60,000-square-foot store, but the numbers of items, the space of the aisles, everything. It is truly department store. Our conclusion, and it's simply our conclusion at this point, is, if we had to rate stores, here's how we would rate them. As full-line department stores, we would have Sears, Eaton's and The Bay. As junior department stores, we'd have Zellers and K-Mart. These are —we're leaving out Woolco because they've just gone by the boards, and we're leaving out Wal-Mart because we haven't had a chance to see what they are, though I know them from the States. A Now we're introducing a new one. We're calling it a mini department store. Class "A" would be the smaller Zellers, the 30,000-square-foot Zellers. And a Class "B" would be the MetMart. Now we're differentiating between the two because, although they're very similar in size, the Zellers still had things like sporting goods, they had bicycles, they had a lot of garden furniture and paraphernalia that the MetMart did not have, a much broader selection. A 11 And then we have general merchandise stores. -Again an " would be a Bi-Way and "B" Bargains Bargains, which was much lower quality in comparison to the Bi-Way and much lower variety. Now, hopefully that will help you in — that may save some cross- examination of Mr. Stamm; it may not. But hopefully it will allow you to focus your argument based on what we'd been able to find at this point. As was said earlier in the decision, the planning evidence followed the market evidence. The last planner to give evidence was Mr. Bousfield on behalf of Bowmanville Mail who it is fair to say surprised everyone at the heating by suggesting that what Y p rY 9 Markborough was proposing as a community shopping centre was now passa as far as new retail developments were concerned in both Canada and the United States. It was - 28 - his belief that the only types of new retail developments taking place now and in the foreseeable future involved either big box development (like Price Clubs, Costcos, Wal- Marts, Home Depots etc.) or factory outlet malls. He based this opinion on travels to and observations he had made on recent visits to the United States as well as work he was doing now for the developer who assembles land for Wal-Marts throughout Ontario. It was quite evident to the Board that Mr. Bousfield, although not called to give this evidence, honestly believed he had to get it off his chest as he felt this was a very important area of retail marketing that all the market analysts had failed to address. At the conclusion of the re-examination of Mr. Bousfield the Board gave the following oral decision which it is fair to say caught all counsel off.guard and has been nicknamed "the leanings decision" by Mr. Stamm. "CHAIRMAN MILLS: Well, I suggest you fasten your seatbelts. The Board has something to say. I might say, we were ready to say this yesterday but we felt it wasn't fair until we heard the reply evidence today, and I might say at the outset that the Board finds it incredible that we heard no reply evidence to rebuff anything Mr. Bousfield said in any way, shape or form. r What the Board is going to say now is in no particular order because its thoughts were put together quickly yesterday and we were waiting to hear what happened in reply today. I'll start by saying that we already decided in the first, I guess, preliminary decision that we made at this hearing that the new-- and I'll say for round figures — 30,000-square-foot MetMart was a mini department store and in no way was it a junior department store like a 70,000-square-foot Zellers. We also agree that the people of Clarington, as well as Council, want .a Junior department store as soon as possible. This panel of the Board, having heard extensive and detailed planning and market analysis evidence and having discussed it would like to share some further thoughts with you prior to receiving argument. - 29 - O 920252 et al We believe that time can be saved if we present you with some preliminary findings and set some parameters which we believe can be useful in your further deliberations. As I say, they're for your further deliberations. As I say, they're in no particular order. Some of our comments will probably strike you as unusual until you put two and two together at the end. First of all, we do not accept Mr. Suichies' interpretation of Mrs. Santos' order. We agree with Mr. Worboy's contention in his cross-examination of Mr. Bousfield that we're dealing with a green-field planning situation; however, it's more than that because here we have, because of the green-field situation, complete flexibility for the future use of the lands before us. We agree with the Municipality's population projections. They're policy driven; however, with respect to Bowmanville there is a market derived component as evidenced by the number of residential development applications. The Boar d does not find that residential development proposed along the rail line is inappropriate. In fact, it is very common throughout this province provided that safeguards are imposed. The evidence of the market analysts have been-detailed and substantial. They have arrived at a wide range of conclusions, and those conclusions range from more than sufficient residual retail potential to service the proposals to not nearly enough without threatening the viability of the existing main central area. ILI The Board can quite candidly say that it leans very strongly towards the evidence -- the marketing evidence of Mr. Climans. The Board is of the opinion that the office designations on the Ghods' lands are totally unrealistic. The Board is of the opinion that the future land use of the Willsonia lands is solely dependent on the land use of the Markborough lands that is finalized. The Board finds, and all the planning witnesses agree, that the real crux of this hearing is the protection of the main central area, and that is of utmost importance at this hearing. - 30 - , The Board is of the opinion that a pedestrian linkage between the east main central area and the proposed west main central area is unlikely because of the distance and the physical barriers. The Board agrees with Mr. Bousfield that Highway 2 west of the tracks can 9 9 Y be made pedestrian friendly but not interesting to a shopper because of the lack of continuity between the east and proposed west main central areas. Street"B" could be an exception to that. The Board agrees with more than one witness — who even expects people to drive from the proposed Zellers across the street to the Canadian Tire store. The Board is of the opinion that the proposal before it should not be considered -- and underlined "not" -- an extension of the existing main central area. The Board is of the opinion that, regardless of what is developed, there is room for a new name—and I say new name, new in the marketplace—food store of at least 30,000 square feet on the Markborough lands and up to a 20,000- square-foot IGA -- I underline IGA as long as its IGA that used to be downtown and not a new IGA on the Ghod's site. The Board, given the green-field nature of the applications, and mindful of the trend towards power centre conglomerations, big-box retailers, suggests that the planning of the OPA 56 lands be revisited. Given the aforementioned parameters, such a revisit should investigate the trade area and impacts of big- box-retailers. Protection of the main central area by limiting the minimum size of any accompanying CRU's, and also the total coverage allowed service-type CRU's, should also be studied. The Board finds that there is an onus on the municipality not to commit r themselves to any new large commercial development, whether they be shopping centres or big-box developments in the Town of Clarington until this hearing is resolved. I'll just repeat that. The Board finds — and we cannot order— but that there is an onus on the Municipality not to commit themselves to any new large commercial development, shopping centres or big-box until this hearing is concluded. The Board will set aside the last three weeks in November 1994 which begin on November the 14th, to resume this hearing. However, the Board will also reserve one day in the first week of September, which is September the 6th, a Tuesday, to review the progress that is being made on what we were asking the - 31 - O 920252 et al Town to do and the various market analysts to do and, Mrs. MacGregor, we'll ask you to book those accommodations. MS. MACGREGOR: Yes. CHAIRMAN MILLS: We believe that this hearing process has to come to a quick resolution. Its already been at least six years in the making and we don't want to see another,six. Six months should be ample to resolve all the issues before this Board including those that are now deferred. We further believe that,given the foregoing parameters and thoughts of the Board which we are giving to you, hopefully to help you in your decision-making, that the parties may in fact be able to settle their differences. It may well be that the new market studies will demonstrate that Ghod's, Wiilsonia and Markborough may all proceed, depending, of course, on the Town's population triggers. There is no question that Markborough's food store could go ahead now. The evidence is conclusive of that. As a further example, the Board accepts the evidence that a neighbourhood centre on the Ghod's lands,with the transfer of the downtown IGA, is also possible now; but it is paramount that the Ghod's development allow for future development of either office, hotel or other uses that the Town may decide upon when these lands may be used as the landmark site that they are designated as. That time will eventually come and, therefore, the Ghod's site plan has to be carefully thought out. The development of Willsonia's lands will depend on the development of Markborough's lands and not on the recreational lands abutting it. The Board finds that Street W is essential no matter which commercial development is finally approved for the Markborough site. The Board accepts that a grid system of roads is good planning for the OPA 56 land. All we're really saying is complete the planning process by studying the power centre, big-box concept which appears to be and has now, for over a year at least, been -- appears to be the new approach to merchandising in Ontario. a - 32 - We ask that that be studied and the impacts that they may have on the Town's main central area be studied. If it turns out that the impacts are worse, so be it. At least all the bases have been then covered. We want to avoid, if possible, the Barrie situation which Markborough, and certainly this member of the Board, is all too familiar with. If the parties find that a Board mediator would be helpful, we'll be more than willing to supply one. I think that gives our thoughts in a nutshell. It appears to the Board that we would save time starting now. We're saying this now because I think argument wouldn't have changed our minds in any way. We've heard all the evidence. We've heard the reply evidence now, and we felt we should level with you; but we don't want the process to drag, and I know that's going to be an imposition especially on the Town, and you've got the summer months, but I think you've got to get at it and get at it fast. September follow-up is to make sure that things are proceeding as they should and to make sure that the time we've allotted in November is sufficient or that we don't need the time in November or we need less time. Any questions?" The Board adjourned in May until October for a prehearing conference and update as to how the Board's instructions had been carried out. At the prehearing it became very clear that.all of the market consultants were of the opinion that Mr. Bousfield's high ` volume big box development would not be feasible nor would ever be built on 9 Markborou 9 h's site in Clarin ton. Mr. Stamm, however, took the position that although a high volume big box development was not feasible he believed a low volume big box development could be. The Board therefore ordered that when the hearing resumed in November the parties address both in evidence and argument the feasibility of Mr. Stamm's low volume big box theory for the subject site. It was at this point in the hearing that Valiant Properties decided that it had to become active in the hearing to protect its commercial development interests in nearby Courtice. Until this time Valiant had simply had a watching brief at the hearing. i x - 33 - O 920252 et al It is not necessary to repeat the evidence of the six marketing analysts at this hearing. Rather based on that evidence and the cross examination and re-examination of same, the Board will make the following observations, findings and conclusions: Conclusions based on market studies are certainly not exact or finite but rather are simply forecasts or best guesses of what may happen in the future. Conclusions based on market studies however should be given much more weight by this Board than conclusions which are based solely on an analyst's or analysts' past personal experiences. Although it might be said that Mr. Bousfield and Mr. Stamm led the attendees at . this hearing, including the Board, on wild goose chases based on their personal experiences the Board is pleased that they did. The Board is of the view that the big box theory (whether high volume or low volume) should have been considered as an option by the market analysts when looking at the feasibility of the community shopping centre for Markborough's site. It is indeed unfortunate that they did not as this decision could obviously have been issued six months earlier. After hearing ll of the market evidence and the arguments of all counsel the 9 9 Board's views as expressed in its "leanings decision" have really not changed. The Board generally prefers the evidence of Mr. Climans as to population (even after the error that was discovered) and his opinion as to impact on the CBD and Bowmanville Mall b the proposed community shopping centre on Markborou h Y tY PP 9 9 site together with the developments of Willsonia and Ghod's. Any potential impact on the CBD (most often referred to as the Main Central Area at this hearing) as forecast by the market analysts will obviously be lessened as the start up of any development on Markborough, Willsonia or Ghod's sites have been delayed at least one year due to the length of this hearing. - 34 - The Board is still of the belief that what is proposed and in place west of Highway 57 is not and cannot be considered an extension of the Main Central Area of the Town. The reasons for that conclusion are contained in the "leanings decision". The Board has no difficulty in adopting the stance of both the Region and the Town that the area west of Highway 57 be referred to as Main Central Area West and the present Main Central Area being referred to as the Main Central Area East. The presence of the arena, the police station, the church, and the Canadian Tire store together with what is proposed by Markborough, Willsonia and Ghod's adds up to, in the opinion of the Board, more than a sub-central area as delineated in the Official Plan. The Board has also not changed its views of development by the proposed road grid system including Street A as expressed in the "leanings decision". - The Board adopts the view as to "acceptable impact" as expressed in earlier decisions of this Board that a decrease in existing sales of 15 percent or less for a period up to three years is acceptable impact. - r The Board believes, however, that in order to achieve acceptable impact from what is proposed on what will now be referred to as the Main Central Area East in the Town of Clarington including Bowmanville Mall, the following safeguards must be built into the planning documents in order to allow the three proposals before it: 1) The population triggers as proposed by the Town which allow for future development on the sites. 2) The junior department store proposed by Markborough must be at least 70,000 square feet in size. - 35 - O 920252 et al 3) The supermarket proposed by Markborough must be at least 30,000 square feet in size and must be a supermarket that is not now represented in the Town of Clarington. 4) The ancillary stores to the junior department store (other than the food store) shall not be general merchandise stores, or food, clothing, or drug warehouse type stores. rou h Mail is to be developed as an open and not closed mall. 5) The•Markbo g p p 6) A food store may be developed on the Ghod's site up to 20,000 square feet provided it is the relocation of the present IGA store in the Main Central Area East. -� 7) Up to 30,000 square feet of CRU space may be built on the Ghod's site in addition to the food store whether it be for specialty food, DSTM, restaurants and fast food or financial institutions. Other service commercial development is not allowed on the Ghod's site nor obviously are the food, clothing, or drug warehouse type outlets as prohibited on the Markborough site. 8 .1iViiisonia should be limited to 40,000 square feet in its initial stage and to the uses proposed at the hearing. The same restriction applies to Wilisonia as to Ghod's and Markborough in relation to food, clothing and drug warehouse type outlets. All of these safeguards were supported by market evidence at this hearing and the Board believes that they are imperative if one is to protect the planned function of the Main Central Area East including Bowmanvilie Mall as prescribed in the Town's Official Plan. The development which the Board has approved for the Ghod's site is, however, contingent upon Ghod's being able to convince the Town and in turn this Board, if necessary, that any or all of the approved t: - 36 - v development including the Macdonalds restaurant can be planned in such a way to ensure that this landmark site can be developed in the future with a prestige hotel and/or office development. - It is quite possible that both Markborough and Ghod's will have to come back before this panel of the Board to resolve their site plan issues. Counsel for Ghod's requested that we set a specific date for such hearing, at least for his concerns, but the Board finds that request to be premature both as to timing and also as to ascertaining how much time it will take. The Board will endeavour to accommodate counsel if it is necessary for them to return on site plan matters Xti and if the parties agree it may be possible and preferable from a timing point of View to allow,only one of us to deal with the site plan matters. It is not necessary to go into the concerns of Van Stone Mill Inc., one of the parties at this hearing, as a separate order agreed to by all counsel was issued by the Board during.the hearing which resolved its concerns with OPA 54. - There are three consent appeals by Markborough before the Board: a consent from West Bowmanville Developments Ltd to Markborough and.two x rights-of-way concerning the Markborough Mall application. The Board is satisfied on the evidence and argument provided by Markborough and the Town that only the first appeal shall be allowed at this time. { In arriving at the foregoing findings and conclusions which in effect allow all of the appeals, save and except for Markborough site plan and two consent matters and Ghod's, the Board makes the following observations: The Board found Mr. Climans to be the most "independent" marketing analyst called at this hearing. The Board believes his analysis was extremely thorough of all the marketing tin issues before it and that he was fair in his future forecasting especially in Exhibits 169 and 217 where he employed no growth scenarios. His ' s - 37 - 0 920252 et al 5 percent inflow figure demonstrated that he was not under any undue influence from Markborough or its consultant who employed a 10 percent inflow figure. Finally, he was the only one of the six market analysts to do a complete study of the big box stores and not simply rely on personal experience. Markborough's application has been before the Town in one form or another since 1988. Bowmanville Mall entered Into its expansion programmes including the IL addition of the MetMart with its eyes wide open and knew that Markborough was not only on the horizon but that Council wanted it to proceed. Although it would be very difficult to prove, because of the expert evidence called, one could certainly draw the conclusion that Bowmanville Mall's participation in this hearing has enabled it to construct its addition including the new MetMart and get its market established before Markborough and the others come on stream. If that is the case, as it has appeared in some of the store war battles throughout the Province in the past few years, then it is indeed unfortunate that this Board is being used simply for delay when it has such a backlog of other planning matters which have to be put on hold while these long and involved store war hearings take place. There are 15 appeals and/or referrals before the Board at this hearing. In order to implemenftlie Board's findings and conclusions many modifications,amendments and SL conditions must be made. The Board prefers the wording suggested by both the Region and the Town for the modifications, amendments and conditions and therefore requests counsel for the Town to make those changes and incorporate them in the necessary OPA's, by-laws and consent and to circulate them to all other counsel for their approval before forwarding them to the Board. The Board may be spoken to if there is a difference of opinion as to the wording to implement the Board's decisions in these matters. The Board's orders will not issue until it is in receipt of documentation from Town's counsel which has been approved by all other counsel. The final decision and order for the rezoning of the Ghod's,site will not be issued until such time as all site plan t - 38 - matters have been resolved. The order for the consent from West Bowmanville Developments Ltd. to Markborough will not issue until the Town advises it that it has r received a plan of survey. There will be no decisions or orders at this time regarding the . two other consents requested by Markborough. As a result of the foregoing, the Board makes the following findings: 1. It approves Official Plan Amendment No. 56 which is an amendment to the Official Plan of the former Town of Newcastle with the modifications noted herein and modifications requested by the Region of Durham and Municipality of Clarington. 2. Official Plan Amendments 40, 55, 255 and 290 have been overtaken by Official Plan Amendment 56 and will not be approved. Official Plan Amendment 54 with respect to Vanstone Mills Inc. lands is not approved. Their concerns have been resolved by Minutes of Settlement between all concerned parties. 3. The West Main Central Area is not an extension of the existing East Main Central .� Area. It is separate but complementary to the existing East Main Central Area. 4. The viability of the existing East Main Central Area will not be affected by the creation of a West Main Central Area. 5. The symbol indicating the two Main Central Areas is to be adopted and located on the appropriate schedules and maps in accordance with the Region of Durham direction. 6 The 829426 Ontario Ltd. (Markborough) site plan, file M920126 and 894756 Ontario Ltd. (Ghod's)zoning by-law, file Z930107 and Site Plan File M930119 are adjourned and will be brought back on at the instigation of either the Municipality of Clarington or the applicants. Willsonia Industries Limited (V ViIlsonia) zoning by- law is allowed in part subject to a holding provision. - 39 - O 920252 et al 7. The consent for severance application appeals by 829426 Ontario Ltd. which serves the Markborough proposal site from the original land holding is allowed. The Board will withhold its order on this appeal and adjourn the other two consent for severance appeals to allow further discussion, between Markborough and the Municipality and agreement on conditions to be attached to the granted applications. In light of the letter received from the Minis of Environment and Energy at the 9 by Y very end of the bearing, the order for Willsonia's zoning amendment will have to wait until the Board is in receipt of a letter from the Ministry advising it that it is satisfied with Willsonia's soil study and plan of action. DATED at TORONTO this 23rd day of December, 1994. N J. R. Mills" J.R. MILLS MEMBER O.A. CH MEMBER COUNCIL INFORMATION 1-20 ge lad 14A r Z it f3 Tio December 21, 1994 1P.K Ltd Park Road 4 ICK BY R.R.#1 ------------ &Andsay,Ontario H!G)NAL T W, K9V 4RI Municipality of Clarington 40 Temperance Street 705-328-2271 Bowmanville, Ontario L:705-328-2286 LIC 3A6 1-800-668-KRCA ATTN: Reeves and Clerks c on October 31,1979 + ember MunkoaMes. RE: KRCA 16th Annual Meeting A of Bexley Rage of Bobcaygeon 'Wl' of Brock "p of Cavan Dear Member Municipality: c�'*Wpity of Clarington On behalf of the Chair and Members of the Kawartha Region waship of Eldon SL Conservation Authority I would like to invite you to the wn=p of Emily WX of Fenelon 16th Annual Meeting of the Authority. The Annual will, be Rage of Fenclon Falls held .on Wednesday, January 18th beginning at 7:30 p.m. at 1 w4Lps of Galway&Cavendish the Admiral Inn, Lindsay. Following the meeting, light refreshments will be served. To. facilitate arrangements IW4 p of Harvey it would be appreciated if you would notify our office by wn of Lindsay January 12th as to your attendance. "P of Manvers wrAp of Mariposa flafflof Omemcc Yours very truly, wnship of Ops ML- 1wtop of Scugog WAp of Somerville e page of Sturgeon Point Ian D.% Macnab ,wn&-p of Verularn General Manager/ 9 Secretary-Treasurer IDM/sc k t" L Led pa;vr COUNCIL INFORMATION I-21 December 21, 1994 ..,i J . Mrs. P.L. Barrie ael • Clerk Municipality of Clarington Irm Regionai 40 Temperance Street icipality Bowmanville, Ontario of Durham L1 CG 3A6 C rk's Department 6 Rossland Rd.East Imposition of an Interim Regional Levy for 1995 P.O.Box 623 - Our File: F06-G 1by.Ontario C da UN 6A3 ( )668)77" Fax:(905)668-9963 Mrs. Barrie, the Finance and Administration Committee of Regional Council considered the above matter and at a meeting held on December C .Lundy A.M.C.T. 21, 1994, Council adopted the following recommendations of the Regional Clerk Committee: "a) THAT an interim Regional Levy be imposed upon the Area Municipalities for 1995 purposes that provides for the payment to the Region of $23,314,000•on March 1, 1995 and $23,314,000 on April 28, 1995 in accordance with Schedule A, attached to Report #94-F-75 of the Commissioner of Finance; b) THAT an interest rate of 9% per annum be established for the late payment of the interim Regional Levy in 1995; c THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 1995 Interim Regional Levy; and d) THAT the Regional Solicitor be requested to prepare the requisite By-law(s)." Enclosed is a certified copy of'By-law #95-94 which implements the above decision of Regional Council. CLERK ACK. BY....... C.W. Lundy TCT. Regional Clerk - -- -' Encl. -. cc: J.L. Gartley, Commissioner of Finance — ____.i BY-LAW NUMBER 95-94 OF THE REGIONAL MUNICIPALITY OF DURHAM Ze- being a by-law to levy against the Area Municipalities before the adoption of Regional estimates for the year a sum not exceeding fifty percent of the levies made by the Regional Council against the area municipalities in the year 1994. , WHEREAS subsection 30(1) of The Regional Municipality of Durham Act, R.S.O. 1990, c. R.9 as amended, provides that despite section 28, the Regional Council may, before the adoption of the estimates for that year, levy against each of the area municipalities a sum not exceeding fifty percent of the levy made by the Regional Council in the preceding year against that area municipality and subsections 28(14) and (15) apply to such levy. NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Regional Municipality of Durham by the Council thereof as follows: 1. In the year 1995, before the adoption of the estimates for the year 1995, a levy be and the same is hereby made against each of the area municipalities of a sum not exceeding fifty percent of the levy made by the Regional Council against that area municipality in the year 1994. 2. The rates for the levies to produce the sums provided for under paragraph 1 of this by-law are set out in Schedule "A" attached hereto and forming part of this by-law. 3. The amounts of any levies made under paragraphs 1 and 2 of this by-law shall be deducted from the amount of the levies made under Section 28 of the Act. 4. The dates for payment of levies under this by-law shall be as follows: Due date of first instalment - March 1, 1995 Due date of second instalment - April 28, 1995 5. If an area municipality fails to make payment of the instalment due on March 1, 1995 and the instalment due on April 28, 1995, interest shall be added thereon at the rate of 9.0 per centum per annum, established by subsection 28(15) of the Act, from the date the navment i G diiA_ F; - 2 - 6. Levies shall be made payable to the Regional Municipality of Durham and shall be paid to the Regional Treasurer. 7. This by-law shall come into force and take effect as of the 1st day of January, 1995. 8. Schedule "A" attached hereto forms part of this by-law. BY- LAW read a first time this 21st day of December, 1995. BY-LAW read a second time this 21st day of December, 1995. BY-LAW read a third time and finally passed this 21st day of Dece er, 1995. T�• �cJ He ema, Regional Chair C.W. Lundy, Clerk r r SCHEDULE A THE REGIONAL MUNICIPALITY OF DURHAM 1995 REGIONAL INTERIM LEVY PAYABLE BY AREA MUNICIPALITIES 1995 Interim 1995 Interim Regional Levy Regional Levy Net 1994 (25%) (25%) Municipality Regional Lew March 1. 1995 April 28, 1995 Oshawa $29,372,842 .00 $7,343,210.50 $7,343,210.50 Ajax 11,657,933 .00 21914,483.25 2,914,483.25 Clarington 10,049,267 .00 2,512,316 .75 21512,316.75 Pickering 18,074,878 .00 41518,719 .50 4,518,719.50 Whitby 14,893,916.00 31723,479 .00 31723,479 .00 Brock 2,052,564 .00 513, 141.00 513, 141.00 Scugog 3,636,984 .00 909,246.00 909,246.00 Uxbridge 3,517 ,616 .00 879,404 .00 879,404.00 TOTAL $934256,000.00 $23,314,000.00 $23,314,000.00 r . r r r r 1 r �r r COUNCIL INFORMATION I-22 UL F q� December 21, 1994 Ms. Diane Hamre, Mayor Municipality of Clarington Municipal Office 40 Temperance Street BOWMANVILLE, Ontario O1C 3A6 Dear Honourable Hamre: Congratulations on your successful re-election to the position of Mayor of the Municipality of Clarington. You and your council colleagues are to be commended for your commitment to public service and your successful campaign. As you and your colleagues take inventory of factors affecting the community, I trust you will be looking to your constituents to provide you with important facts and figures and ideas to help chart your course in serving the community. The Management and Staff of Newcastle Health Care Centre would like to take this opportunity to outline some key challenges that are facing our nursing home, and in particular, to emphasize the contribution made by private enterprise to the health care system in Ontario and in our community. High Quality, Compassionate Care Newcastle Health Care Centre has a sound reputation for compassionate quality of care in the ILI Municipality of Clarington. Our mission is to provide high quality, compassionate care in a safe, secure and home-like atmosphere. We are fully accredited by the same Council that accredits s hospitals in Canada. Our home is governed by the Nursing Home Act which is one of the most stringent Acts that is closely monitored by the Ministry of Health. We are proud of our track record of care and service provided in our community. IL Capital Funding Private enterprise brings much needed capital financing to construction of long-term care facilities such as Newcastle Health Care Centre. This infusion of capital dollars is an important factor, given the fact the health care costs in our province attribute to one-third of the provincial budget. Hospitals, homes for the aged, and other such public institutions draw directly from tax dollars for major renovations and constructions. Private enterprise health care facilities, such as Newcastle Health Care Centre, are not dependent on tax dollars for major capital funding. Ms. Diane Hamre,Mayor Municipality of Clarington(continued) Page 2 Less Operating Costs Private nursing home operators have proven to be the most cost-efficient providers in the health care sector. In times when there are less tax dollars available for more demanding services, it becomes ever more important to identify private enterprise as a significant contributor to the health care sector. Our organization advocates cost efficiency, combined with high quality, compassionate care, and at the same advocates funding equity to providers in the health care sector. Long-term care reform was introduced in the Province of Ontario in July of this past year and subsequent amendments and changes to legislation.have been implemented by the Provincial Government. Although we support long-term care reform and the necessity for changes that address the care requirements of the elderly of our community, many of the guidelines and procedures introduced adversely affect our ability to provide for our residents. Basic inequity in funding is a primary and ongoing concern and it will be our intent to periodically provide information to you and your colleagues that will help prepare those in leadership roles, such as yourselves, to be better informed on the issues confronting long-term care in this province and in our community. Our commitment to high quality, compassionate care is unwavering and we are proud to have had the opportunity to serve our community in the past, and with your continued support, we will maintain high standards of care and service that have been achieved at Newcastle Health Care Centre. Thank you for taking the time to consider the points addressed in this correspondence. Respectfully G- � Mr. Gary W.Wes garth Vice-President of Operations o bm p:: Mrs.Erika Bazarin,Administrator c COUNCIL INFORMATION I-23 W/ 0S mIff95 oil O-ntario Small Urban 1 . 1 / _. January 5, 1995 May 3,4, 1995 Ms. Patti Barrie Clerk -- Town of Clarington 40 Temperance St. BOWMANVILLE ON L1C 3A6 Dear Ms. Barrie: i On behalf of the City of Orillia and our 1995 OSUM Conference Committee, we would like to extend an invitation to Council members, municipal staff, and their companions, to join us to "Celebrate Orillia OSUM '95" at the Ontario Small Urban Municipalities 42nd Annual Conference on May 3, 4 & 5, 1995. The City of Orillia is centrally located at Highways 11 & 12, on the shores of the twin lakes of Simcoe and Couchiching. Accessibility from all points of Ontario was the key reason the Ontario Provincial Police chose Orillia for its new 600,000 sq. ft. headquarters. A tour of their new facilities will be part of the City's 1995 celebrations. Orillia is also the Mariposa of Stephen Leacock's masterpiece of humour in small town Ontario - Sunshine Sketches of a Little Town. Delegates and companions at May's Conference will be given a full plate of our hometown hospitality and a further sampling of the year round festivals, carnivals and special events that, combined, have made us Ontario's "Celebration City". The Orillia Community Centre, located in the heart of the City, will be the Conference Headquarters. It will feature an expanded suppliers' exhibit area, enhancing your opportunity to do business at the Conference, in addition to the traditional learning and networking opportunities. The OSUM Program Committee is hard at work identifying the topics and key speakers that make this conference of great practical value to the delegates and their municipalities. Watch for details in your registration kit coming in February. To assist you with the budgeting, we have reserved 250 rooms in four hotels within the City at a special rate of $44. to $54. per room/per night. We expect the registration fees to stay similar to last year. Our municipality and the 1995 OSUM Conference Committee 10-15, tT10N- welcoming you to the City of Orillia in May. CLERK. Sincerely, ACK. BY .---.__--_ . ORIGINAL T . `DPfES i M r Clayt French Alderman Alan ah Langlois - City of Orillia Conference Chairperson _ -- - City of Orillia - OSUM Committee r P.O. BOX 340, ORILLIA, ONTARIO L3V 6J1 PHONE: 705-325-1311 FAX: 705-325-5178 -0-s- =M-- COUNCIL INFORMATION I-24 MINUTES MUNICIPALITY OF CLARINGTON LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE DECEMBER 6, 1994 l.t ,1 } . ,,:;.1 a L : Members Present: Diana Grandfield Lynn Lovekin Tom Barrie Eleanor Magder Bill Paterson Janie Dodds Councillor John O'Toole Regrets: John Bizzell Planning Staff: Isabel White Guest: Nancy Miller, Peter Thorne Adoption of Minutes Moved by Tom Barrie, seconded by Bill Paterson that the minutes of the November 15th meeting be approved as corrected. Pg. 1 - the word 'hoisted' be replaced by the word 'postponed'. In the absence of John Bizzell, Lynn Lovekin was appointed to take the minutes. "CARRIED" BUSINESS ARISING Grants for Designated Properties 1) St. George's Anglican Church Parish Hall - Tom Barrie has been in touch with the Warden, Margaret Tait. He will check and approve finalization of the new roof. Diana Grandfield will take pictures showing completed project for our file. It was noted that there appears to be a leak in the roof of the Church in the northwest corner. Plaster has fallen from ceiling and area has been roped off until problem has been determined. 2) Newcastle Community Hall - Room at front, southeast corner. John Bizzell is our contact person. The Hall Board has met and it is our understanding that the project of refinishing the floors will proceed over the Christmas break. Designation Plaques An invoice for the art work for the new design of the new Clarington plaques and for the plaques themselves was sent to us but appears to have been lost. A LACAC MINUTES Page 2 6 December 1994 replacement will be sent for our attention. The total bill is $2,369.00 plus shipping. In the November 15th minutes, approval was given for payment of$1,900.00 plus taxes and shipping. In previous minutes, approval was given for an expenditure of $300.00 for artwork. It was moved b Bill Paterson and seconded b Tom Barrie Y y ne that approval for payment of this account be given and that additional amounts which have not been approved previously be approved for payment. "CARRIED" Correspondence 1) Two new books which members may be interested in, one entitled "Triumph in Design" cost $20.00 and another on the "Kingsway, Toronto", are available. 2) ACO Renewal Dues for 1995. It was moved by Bill Paterson and seconded by John O'Toole that we pay $35.00 for 1995 membership in ACO. "CARRIED" Treasurer's Report Eleanor advised that there were no changes since our last meeting. Diana Grandfield presented a bill for travel and telephone in the amount of $19.13. It was moved by Lynn Lovekin and seconded by Tom Barrie that this account be paid. "CARRIED" Our year end is December 31 st and any outstanding accounts should be given to Eleanor for payment prior to this date. House Tour Janie Dodds reported that all tickets printed were sold. Five hundred (500) had been ordered and there was an overrun of 34. Some of these had been given out as complimentary tickets. LACAC MINUTES Page 3 6 December 1994 The itinerary had been printed and were available for members to see. It was necessary to print 34 more itineraries to match up with tickets and it was moved by Bill Paterson and seconded by Tom Barrie that we print and pay for 50 itineraries. The extra ones will be sold at the Church on the day of the tour as tickets. "CARRIED" Signs to mark the homes on the Tour will be put in place on Saturday morning by Tom Barrie. Houses were assigned to volunteers. John O'Toole agreed to be a floater. Nancy Miller agreed to help Diana and Isabel at the Kirby Church. Costumes were discussed. Lunch for house volunteers was finalized. It was agreed that early in the New Year members should sign and send thank you cards to house owners. ALI Members of LACAC and house owners to meet at Hachey's house at 2:00 p.m. Sunday, December 11th for tour. Agreed we would sell our book on Heritages Houses in Clarke Township at the Kirby Church on day of tour. Janie Dodds and Eleanor Magder were thanked for all the work that had gone into planning this promotional event. January Meeting At Diana's request Isabel will ask D. Crome to attend and to conduct th election of officers for the coming year. Meeting adjourned at 9:45 p.m. o Next Meeting Tuesday, January 17th 8:00 p.m. Memorial Library Newcastle Village Community Hall COUNCIL INFORMATION I-25 Rent Control Programs Pmpammrs de oontrdle des{oyes 415 Yonge Street,19th Floor 415 rue Yonge,19iPme dtage IL Toronto,Ont M513 2E7 Toronto,Ont M5B 2E7 Ontario Tel: (416)326-0921 Fax: (416)326-0917 1 —i Ida December 30, 1994 Clerk Municipality of Clarington 40 Temperance Street Browmanville, Ontario L1C 3A6 Dear Sir/Madam; This letter will inform you about two recent laws that affect specific types of residential accommodation. Bills 21 and 120 came into force recently, protecting mobile home/land lease and care home accommodation under the Rental Housing Protection Act (RHPA) for the first time. I 'd like to take this opportunity to explain the changes made by Bills 21 and 120 and to offer our assistance in answering any questions you may have about the legislation. My purpose in advising you about these laws is three-fold. Firstly, you and your staff are likely to receive inquiries from members of the public about these issues. Secondly, municipal staff should be aware that the RHPA restrictions on granting municipal approvals such as construction and demolition permits, consents and minor variances now includes care homes and mobile home park/land lease community properties that are subject to the all RHPA. Lastly, municipalities should be aware of their responsibilities with respect to applications that may be submitted for Council approval under the RHPA. Bill 21 - The Land Lease Statute Law Amendment Act Bill 21, the Land Lease Statute Law Amendment Act (LLSLAA) , came into force June 23rd, 1994. It extends the protection of the RHPA to mobile home parks and land lease communities (including rented sites, rented homes and infrastructure) in all Ontario municipalities and in the unorganized areas of Ontario. It is now necessary for the landlord of a mobile home P ark or land lease community with five rental sites (or rented homes) or more to obtain approval from municipal council before any rental sites or homes, park services, structures or infrastructure can be removed. This includes removal by: • demolition or permanent removal; • renovation or repair where vacant possession is needed; IL 2 • severance into separate parcels of land; • conversion to co-operative, commercial or any other non- rental residential use (this includes ceasing to operate the park or community) ; and, r • eviction of tenants for any of these purposes. , P In mobile home arks the law applies to sites occupied by mobile homes and to rented mobile homes. A "mobile home" is a dwelling designed to be made mobile and constructed as a permanent residence, but does not include a trailer. The Bill also introduces important changes to the Landlord and Tenant Act dealing with community rules and tenants' rights to sell r their mobile home/land lease community home or sublet their sites. I have enclosed a copy of Bill 21 with this letter. Currently, any applications involving mobile home parks or land lease communities should be considered under the approval criteria contained in subsection 8 (1) of the Regulation under the RHPA (0. Reg. 524/94) . A copy of the Regulation is attached to this letter. New approval criteria will be added to the Regulation shortly to guide councils in making decisions on mobile home park and land lease community applications. If you receive an application of this type, please call us for an update on the status of this regulation. Bill 120 - The Residents' Rights Act Bill 120, the Residents' Rights Act (RRA) , deals with several different issues. The parts of the RRA dealing with accessory apartments came into force on July 14th, 1994. At that time, copies of Bill 120 were sent to municipalities and information sessions were organized by Ministry staff to explain the accessory apartments issue. The Residents' Rights Act brought care homes under the Landlord and Tenant Act, the Rent Control Act and the Rental Housing Protection Act for the first time. These parts of the RRA came into force on August 22, 1994. With these amendments, all of the rights and obligations of tenants and landlords in the Landlord and Tenant Act now apply equally to care homes. Accommodation charges are now under the Rent Control Act while charges for the care services and meals are not. Many of the procedural requirements of the Rent Control Act and the Landlord and Tenant Act also now apply to care homes. The RRA extended the protections of the Rental Housing Protection Act to care homes. It is now necessary for municipal council 3 approval to be obtained to remove care home units from the supply or evict tenants for these purposes. The changes requiring approval include: • demolition; • renovation or repair when vacant possession is needed; • severance into separate parcels of land; • conversion to condominium, co-operative, commercial or any other non-rental residential use; • conversion to non-care rental residential use; • conversion of non-care rental accommodation to care home use; and, • eviction of tenants for any of these purposes. Bill 120 added a number of definitions to the RHPA and amended some existing definitions. "Care homes" are rental properties occupied or intended to be occupied for the purpose of receiving care services, whether receiving the services is the primary purpose for the occupancy or IL not. The definition of "rental property" excludes: • a condominium; • accommodation subject to 13 specific pieces of legislation; and, • accommodation providing rehabilitative or therapeutic services: if the occupancy period is specified or will end when the objectives are met or will not be met; and, - if the average occupancy does not exceed six months. Regulation 524194 Ontario Regulation 524/94 came into force on August 3, 1994 to replace the former regulation under the RHPA. It includes new exemptions, approval criteria, lists of required information in care home applications and other minor changes. New exemptions include subsection 6 (1) which states that renovations that would combine adjoining units into larger suites x 4 or separate them into smaller units are exempt. Subsection 6 (2) states that the conversion of care units to uses providing services or meals to care tenants are exempt. Both of these situations would only be exempt if tenants are not evicted for these purposes or have agreed to the change and to be relocated to other similar units. Approval Criteria Approval criteria are contained in subsections 8 (3) , (4) and (5) of the Regulation to guide municipal councils in making decisions on care home applications. Applications to convert non-care rental accommodation to care home accommodation must still be considered under the old approval criteria, which have not changed. Municipal Councils will have to ensure that care home tenants are relocated to similar quality units at similar rents in the same area with care services and meals of similar quality and cost. This is the only approval criterion that councils must meet in municipalities with a population less than 50, 000. In municipalities with 50, 000 people or more, in addition to relocating the care home tenants, councils will have to ensure that proposals meet at least one of three other criteria. These criteria are unchanged from the criteria that have been in force since 1989, except for criterion 2 . Approval can only be given if: 1) the property is structurally unsound (for demolitions or renovations) ; 2) the applicant agrees to replace the units with new ones at similar rents; or, 3) council considers that the proposal will not adversely affect the supply of affordable rental accommodation in the municipality. Criterion 13 has been used in about 95% of applications to date. Criterion #3 Evaluation and analysis of whether care home applications meet criterion #3 can be expected to be problematic for the first care home applications. For applications respecting non-care rental properties, municipal and Ministry of Housing positions and Ontario Municipal Board decisions have established parameters to determine what "affordable rental accommodation" means and when a proposal will "adversely affect" the supply. The Ministry position that has been broadly accepted is that rental housing is affordable if rents are at or below affordable levels for each housing region published in the Information Bulletin to the Land Use Planning For Housing Policy Statement under the Planning Act. General principles of the meaning of "adversely affect" have been 5 accepted by a number of municipalities and the Ontario Municipal Board. Generally, if the rental vacancy rate is below 3% (sometimes a vacancy rate of 2.5% or 2% has been accepted as the threshold) , it has been accepted that a proposal to remove a significant number of rental units would adversely affect the supply of affordable rental accommodation in a municipality. In such cases, applications have generally been refused. Some applications involve rental units occupied by households of a particular type, size or income (eg: student single-person La households or single-person households on social assistance) . In such cases, it has been accepted that the issue to be considered should be narrowed to whether removal of a particular type of housing will adversely affect the supply of that particular type and cost of accommodation. Vacancy rates and rent levels affordable to the particular household type have been considered in determining whether such applications may adversely affect the supply of the particular type of housing. At this time, the Ministry does not have a position respecting what level of rents would be affordable for care units. In addition, there is only very limited data available respecting the supply and vacancy rates for care homes. CMHC published a survey of rents and vacancy rates for rest and retirement homes in the Toronto CMA. It does not capture lower priced care homes or of care home units not in the rest and retirement category. It is also uncertain whether this survey will be conducted on a regular basis in the Toronto CMA or whether it may be expanded to other housing markets in Ontario. Accordingly, it will be difficult for municipalities to determine when a proposal involving a care home will meet the approval criteria. After the Rental Housing Protection Act came into force in 1986, it took several years and a number of appeals to the Ontario Municipal Board before any consistent interpretation of the third approval criterion was accepted. In those early stages, conflicting advice was provided by planners and housing economists representing the different parties on a number of applications regarding the correct interpretation of the terms "affordable" and "adversely affect" for non-care rental housing. Information Requirements and other Minor Changes Sections 9 to 15 contain new lists of information that must be provided in each type of care home application. A number of other minor changes were also contained in the Regulation. Section 16 provides new wording that clarifies how the municipal clerk should number applications received by a municipality. Section 19 changes the notice requirements for condominium conversion and consent applications to require notification of the Director of the Plans Administration Branch of the Ministry of Municipal Affairs only if the Director has advised _ 6 i the Clerk in writing that notice is to be provided. Section 20 includes the old requirement that the clerk must advise the Co-ordinator of the Rental Housing Protection Program (Carol Kiley) of Council's decision. Added to this is a new requirement that written reasons and relevant staff and committee reports must be forwarded within five days and that minutes of council respecting the issue be forwarded within 30 days of the council decision. Lastly, the Town of Ajax and the Municipality of Clarington have been added to Schedule 1 of the Regulation. This makes all provisions of the RHPA in force within these municipalities. Further Information The Rental Housing Protection Program is currently updating the administrative guide to the RHPA for municipal staff to reflect the amendments to the legislation and the regulation. Once completed, copies will be forwarded to municipalities listed in Schedule 1 of the Regulation. If you require further information on these new amendments to the Rental Housing Protection Act, please contact me at 416-326-0921 or Chris Thompson at 416-326-0920. If there is sufficient need, we would be pleased to arrange a presentation and answer any questions staff or council members may have on this legislation. Yours truly, 1 14u� Steve Gaunt, Senior Planner Rental Housing Protection Program Rent Control Programs cc: Carol Kiley, Manager PPED Managers, Regional Operations Offices Managers, Area Rent Control Offices Susan Gillespie, Director, Rent Control Programs Gerry Colman, Communications Branch, Ministry of Housing Scott Harcourt, Policy Branch, Ministry of Housing i Minister's Office, Ministry of Housing Attachments 3RD SESSION, 35TH LEGISLATURE, ONTARIO 3` SESSION, 35` LEGISLATURE, ONTARIO 43 ELIZABETH 11, 1994 43 ELIZABETH II, 1994 Bill 21 Proj et de loi 21 (Chapter 4 (Chapitre 4 Statutes of Ontario, 1994) Lois de!'Ontario de 1994) An Act to amend certain Acts with Loi modifiant certaines lois en ce qui respect to Land Leases concerne les terrains a bail Mr.W essenger M.Wessenger 1st Reading May 19, 1993 1" lecture 19 mai 1993 2nd Reading June 9, 1993 2` lecture 9 juin 1993 3rd Reading June 23, 1994 3` lecture 23 juin 1994 Royal Assent June 23, 1994 Sanction royale 23 juin 1994 Printed by the Legislative Assembly Imprimd par I'Assemblcc legislative of Ontario ® O do ('Ontario 00 r r Bill 21 1994 r Projet de lot 21 1994 An Act to amend certain Acts with Loi modifiant certaines lois en ce qui respect to Land Leases 9 P concerne les terrains a bail _ r Her Majesty, by and with the advice and Sa Majest6, Sur I'avis et avec le consente- consent of the Legislative Assembly of the ment de 1'Assembl6e ldgislative de la pro- Province of Ontario, enacts as follows: vince de l'Ontario, ddicte LANDLORD AND TENANT ACT LOI SUR LA LOCATION IMMOBILIERE 1. Clause (b) of the definition of"residen. 1. L'alinea b) de la definition de «local tial premises"in section 1 of the Landlord and d'habitation* a Particle 1 de la Loi sur la Tenant Act is repealed and the following location immobiliere est abroge et remplace substituted: par ce qui suit (b) land intended and used as a site for a b) d'un terrain servant et destine a servir mobile home or a land lease commu- d'emplacement de maison mobile ou nity home used for residential pur- de maison de communautd de terrains poses, whether or not the landlord a bail occup6 a des fins d'habitation, also supplies the mobile home or the que le locateur fournisse ou non la land lease community home. maison mobile ou la maison de com- munaut6 de terrains a bail. 2. Section 79 of the Act is amended by 2. L'article 79 de la Loi est ,modifi6 par adding the following definitions: adjonction des definitions suivantes: "land lease community" means the residen- «communaut6 de terrains a bail» Les locaux tial premises and the land, structures and d'habitation, le terrain, les batiments et les facilities of which the landlord retains pos- installations qui demeurent en la posses- session and that are intended for the com- sion du locateur et qui sont destines a mon use and enjoyment of the tenants of 1'usage commun des locataires du locateur, the landlord where two or more occupied a un endroit oil se trouvent au moins deux land lease community homes are situated; maisons de communautd de terrains a bail. ("communaut6 de terrains A bail") («land lease community)>) r "land lease community home" means any «maison de communaut6 de terrains a bail>> dwelling that is a permanent structure Habitation constituant une construction where the owner of the dwelling leases the permanente et dont le propri6taire loue le land used or intended for use as the site terrain servant ou destin6 a servir d'empla- for the dwelling, but does not include a cement pour Phabitation. Est toutefois mobile home; ("maison de communaut6 de exclue de la pr6sente definition une maison terrains a bail") mobile. ((land lease community home,,) 3. Section 80 of the Act is amended by 3. L'article 80 de la Loi est modifie par adding the following subsection: adjonction du paragraphe suivant : Same (3) Despite subsection (2) and except (3) Malgre le paragraphe (2) et sauf dispo- Idem where otherwise expressly provided in this sition contraire expresse de la pr6sente par- Part, this Part applies to tenancies under ten- tie, celle-ci s'applique aux locations aux ter- ancy agreements for possession of land mes de baux relatifs a la possession d'un intended and used as a site for a land lease terrain servant et destin6 a servir d'emplace- community home used for residential pur- meat de maison de communautd de terrains poses, a bail occupe a des fins d'habitation qui, selon le cas : (a) entered into or renewed before and a) sort en cours IC jour ou la Loi de 1994 subsisting on the day the Lund Lease 1110diliant des leis en ce qui concerne Statute Law Amendment Act, 1994 lee terrains a hall rc4oit la sanction receives Royal Assent; or t 2 Bill 21 LAND [.[:ASE S M I r[: LAW Sec./art. 3 Landlord and "Tenant Act Loi sur la location inunobilicre royale et ont W conclus ou reconduits avant ce jour-la; (b) entered into on or after that day. b) sont conclus a compter de ce jour-la. 4. Section 81 of the Act is amended by 4. L'article 81 de la Loi est modifie par adding the following subsection: adjonction du paragraphe suivant Application (3) Despite subsection (1), this section (3) Malgrd le paragraphe (1), le present Champ d'ap- of section plication de applies to tenancy agreements in writing exe- article s'applique aux baux 6crits souscrits ['article cuted by a tenant on or after the day the par un locataire a compter du jour ou la Loi Land Lease Statute Law Amendment Act, de 1994 modifiant des loin en ce qui concen 1994 receives Royal Assent, in the case of a les terrains a bail regoit la sanction royale, tenancy agreement for possession of land dans le cas d'un bail relatif a Ia possession intended and used as a site for a land lease d'un terrain servant et destine a servir d'em- community home used for residential pur- placement de maison de communaut6 de ter- poses. rains a bail occupd A des fins d'habitation. 5. Section 83 of the Act is amended by 5. L'article 83 de la Loi est modifid par adding the following subsection: adjonction du paragraphe suivant Same (1.1) Despite subsection (1), this section (1.1) Malgr6 le paragraphe (1), le present Idem applies to security deposits other than secu- article s'applique aux d6p6ts de garantie, rity deposits for rent only as described in sec- autres que ceux qui sont vis6s a I'article 82 et tion 82, held by landlords on the day the qui sont relatifs au loyer seulement, que Land Lease Statute Law Amendment Act, d6tient le locateur le jour ou la Loi de 1994 1994 receives Royal Assent, in the case of a modifiant des lois en ce qui concen les ter- tenancy agreement for possession of land rains a bail regoit la sanction royale, dans le intended and used as a site for a land lease cas d'un bail relatif a la possession d'un ter- community home used for residential pur- rain servant et destin6 a servir d'emplace- poses. ment de maison de communaut6 de terrains A bail occupd a des fins d'habitation. 6. Section 84 of the Act is amended by 6. L'article 84 de Ia Loi est modifb par adding the following subsection: adjonction du paragraphe suivant Same (3) Despite subsection (2), subsection (1) (3) Malgrd le paragraphe (2), le paragra- Idem applies to, phe (1) s'applique (a) default in payment of rent under a a) d'une part, au d6faut de paiement du tenancy agreement for possession of toyer aux termes d'un bail relatif a la land intended and used as a site for a possession d'un terrain servant et des- land lease community home used for tind a servir d'emplacement de maison residential purposes that is in force on de communaut6 de terrains A bail or after the day the Land Lease Statute occupd A des fins d'habitation, en Law Amendment Act, 1994 receives vigueur le jour oil la Loi de 1994 Royal Assent; and modifiant des loin en ce qui concern les terrains a bail regoit la sanction royale ou apres ce jour-1a; (b) default in payment of rent accruing on b) d'autre part, au d6faut de paiement du or after that day under a tenancy Toyer 6chu a compter de ce jour-14 aux agreement for a periodic tenancy for termes d'un bail relatif a une location possession of land intended and used pdriodique pour la possession d'un ter- as a site for a land lease community rain servant et destin6 a servir d'em- home used for residential purposes. placement de maison de communaut6 de terrains a bail occupd a des fins d'habitation. �W 7. Section 85 of the Act is amended by 7. L'article 85 de Ia Loi est modiN par adding the following subsection: adjonction du paragraphe suivant 1 same (4) Despite subsection (3) this section (4) Malgrd le paragraphe (3), le present Idem applies to tenancy agreements for possession article s'applique aux baux relatifs a la pos- of land intended and used as a site for a land session d'un terrain servant et destin6 a ser- lease community home used for residential vir d'emplacement de maison de commu- purposes entered into or renewed on or after naut6 de terrains a bail occupd a des fins Sec./art. 7 TERRAINS n BAIL ' Landlord and Tenant Act f rojet 21 3 Loi sur la location intrrcobiliere the clay the Land Lease Statule Law d'habitation, conclus ou rcconduits Amendment Act, 1994 receives Royal Assent. du jour oil la Loi de 1994 modijiantt des Lois en ce qui concerne les terrains a bail regoit la sanction royals. 8. Section 94 of the Act is amended by 8. L'article 94 de la Loi est modifi6 par adding the following subsection: adjonction du paragraphe suivant : same (6) Despite subsection (5), this section 6 Mal rd le Idem applies to tenancies under tenancy agree- article s'applique aux aocatio locations auxltemres de ments for possession of land intended and baux relatifs a la possession d'un terrain ser- used as a site for a land lease community vant et destind A servir d'emplacement de home used for residential purposes that is in maison de communautd de terrains A bail force on or after the day the Land Lease occupd A des fins d'habitation, en vigueur le Statute Law Amendment Act, 1994 receives jour ou la Loi de 1994 modifiant des Lois en Royal Assent and to periodic tenancies for ce qui concerne les terrains d bail regoit la the possession of such land on the first anni- sanction royale ou apres ce jour-IA, et aux versary date of such tenancies on or after locations pdriodiques pour la possession de that day and in all other cases the law applies tels terrains, au premier anniversaire de ces to tenancies for the possession of such land locations qui tombent ce jour-IA ou par la as it existed immediately before that day. suite. Le droit en vigueur immddiatement avant ce jour-IA s'applique aux locations pour la possession de tels terrains dans tous les autres cas. 9. Clause 111 (1) (a) of the Act is repealed 9. L'alin6a 111 (1) a) de la Loi est abrog6 and the following substituted: et remplac6 par ce qui suit : (a) of a mobile home park; a) d'un pare de Maisons mobiles; (a.1) of a land lease community; or a.l) d'une communautd de terrains a bail; 10. The Act is amended by adding the fol- 10. La Loi est modifi6e par adjonction de lowing section: Particle suivant Penalty, for 122,1 An person who knowingly contra- 122.1 Quiconque contrevient sciemment A sale signs Y P g y Penalitb, venes section 125.2 is guilty of an offence Particle 125.2 est coupable d'une infraction et «A v teau e. and on conviction is liable to a fine not passible, sur declaration de culpabilit6, d'une exceeding, amende d'au plus : a) $5,000 for a person other than a cor- a) 5 000 $, dans le cas d'une personne poration; and autre qu'une personne morale; b) $25,000 for a corporation. b) 25 000 $, dans le cas d'une personne morale. 11. (1) Section 125 of the Act is amended 11. (1) L'article 125 de la Loi est modifi6 by adding the following subsection: par adjonction du paragraphe suivant : Written 1 (3. ) A landlord shall not withhold the reasons for (3.1) Le locateur ne doit pas refuser le Motifs ecrits withholding consent referred to in subsection (3) without consentement visa au paragraphe (3) sans co rents ne du consent giving written reasons to the tenant whose donner par derit ses motifs au locataire dont °onsentement right to sell, lease, or otherwise part with le droit de se ddpartir de la possession de sa possession of his or her mobile home is sub- maison mobile, notamment par la vente ou la ject to consent. location, est assujetti au consentement. (2) Subsection 125 (5) of the Act is (2) Le paragraphe 125 (5) de la Loi est amended by striking out "subsections (3) and modifi6 par substitution, A «paragraphes (3) (4)" in the fourth line and substituting "sub- et (4)» A la quatrieme ligne, de «paragraphes sections (3), (3.1) and (4)". (3), (3.1) et (4)>>. 12. The Act is amended by adding the fol- 12. La Loi est modifi6e par adjonction des lowing sections: articles suivants : rctu, ,)t iir.t 125.1 I If a tenancy agreement contains 125.1 (1) Si Line disposition d'un bail pre- it retinal ( ) p Umil do provision prohibiting it tenant who owns it intcrdit a Lin locataire qui cst propridtaire mi`fe option mobile home that is situated in a mobile d'une maison mobile installce clans Lill pare 4 Bill 21 LAND LFASE srATU11': LAW Sec./art. 12 Landlord and Tenant Act Loi sur la location ininzobiliere home park from selling the mobile home de maisons mobiles do la vendre sans unless the tenant first offers to sell it to the d'abord offrir de la vendre au locateur, ce landlord, the landlord shall not exercise the dernier ne doit pas exercer ('option d'achat option to purchase the mobile home unless, de la maison mobile sauf si les conditions sui- vantes sont reunies (a) the landlord exercises the option a) le locateur exerce ]'option dans les within seventy-two hours of receiving soixante-douze heures qui suivent le notice that the tenant has received an moment ou it est avise que le locataire offer to purchase from a prospective a requ une offre d'achat d'un acheteur purchaser; and eventuel; (b) the landlord agrees to purchase the b) le locateur accepte d'acheter la maison mobile home on the same terms and mobile aux mimes conditions que cel- conditions as are contained in the pro- les qui figurent dans l'offre d'achat de spective purchaser's offer to purchase. ]'acheteur eventuel. Purchase at (2) Despite subsection (1), any provision (2) Malgre le paragraphe (1), est nulle Achat it prix price described in subsection (1) contained in a toute disposition d'un bail, visee a ce para- rddutt tenancy agreement is void if it provides that graphe, qui stipule que le locateur peut ache- the landlord may purchase the mobile home ter la maison mobile i un prix inferieur a at a price that is less than the one contained celui qui est indique sans I'offre d'achat de in the prospective purchaser's offer to pur- ]'acheteur eventuel. chase. Restriction (3) Despite subsection (1), any provision (3) Malgre le paragraphe (1), est nulle Restriction, on real reprbsentant estate agent in a tenancy agreement requiring a tenant toute disposition d'un bail qui oblige un loca- immohilier who owns a mobile home that is situated in a taire qui est proprietaire d'une maison mobile home park to use the landlord as an mobile installee dans un parc de maisons agent for the sale of the mobile home is void. mobiles a se servir du locateur comme representant pour la vente de la maison mobile. Application (4) Despite any agreement or waiver to (4) Malgre toute convention ou renoncia champ d'ap- the contrary, this section applies to tenancies tion contraire, le present article s'applique pltcation under tenancy agreements entered into or aux locations aux termes de baux qui sont en renewed before and subsisting on the day the hours le jour ou la Loi de 1994 modifiant des Land Lease Statute Law Amendment Act, lois en ce qui concerne les terrains d bail 1994 receives Royal Assent or entered into regoit la sanction royale et ont ate conclus ou on or after that day. reconduits avant ce jour-1a et aux locations aux termes de baux qui sont conclus i comp- ter de ce jour-M.For sale 125.2 1 A landlord shall not revent a 125.2 1 Le locateur ne doit as em e- A ends signs ( ) p ( ) p ,p «A vendre- tenant who owns a mobile home that is situ- cher le locataire qui est proprietaire d une ated in a mobile home park from placing on maison mobile installee dans un parc de mai- the mobile home or the residential premises sons mobiles de mettre sur celle-ci ou sur le a sign that the home is for sale. local d'habitation un ecriteau indiquant que la maison est a vendre. Alternative iv ('-) Despite subsection (1), a landlord may (2) Malgrd le paragraphe (1); le .locateur Autre moyen d'annoncer la of advertisine , prohibit tenants of a mobile home park from peut interdire aux locataires dun parc de vente sale placing a sign that the home is for sale on the maisons mobiles de mettre sur leur maison IL mobile home or the residential premises if mobile ou sur leur local d'habitation un ecri- the following conditions are met: teau indiquant que la maison est i vendre si les conditions suivantes sont reunies 1. In the case of a mobile home park 1. Darts le cas d'un parc de maisons where the tenants have not formed a mobiles dont les locataires Wont pas tenants association described in sub- constitue une association de locataires section (4), visee au paragraphe (4) i. the landlord provides a reason- i. le locateur fournit un autre able alternative method of adver- moyen raisonnable d'annoncer tiling that it mobile home is for qu'une maison mobile est a ven- salc in the mobile home park, Scc./art. 12 r[ RRnINS A Bnu, Projet 21 5 Landlord and Tenant Act Loi sur la location immobiliere dre dans le pare de maisons mobiles, ii. the alternative method of adver- ii. I'autre moyen d'annoncer est tising is provided free of charge, fourni gratuitement, and iii. the landlord ensures that the iii. le locateur fait en sorte que le public has access to the advertise- public ait acces A l'annonce a ment at all reasonable times. toute heure raisonnable. 2. In the case of a mobile home park 2. Dans le cas d'un parc de maisons where the tenants have formed a ten- mobiles dont les locataires ont consti- ants association described in subset- tub une association de locataires vis6e tion (4), au paragraphe (4) : i. the conditions listed in paragraph i. les conditions 6numdr6es A la dis- 1 are met, position 1 sont respect6es, ii. a prohibition on the placing of ii. 1'interdiction de placer des 6cri- for sale signs has been accepted teaux KA vendre» a dt6 acceptee by a vote of the members of the par un vote des membres de Pas- tenants association, and sociation de locataires, iii. reasonable notice of the vote has iii. un avis raisonnable du scrutin a been given to all tenants of the 06 donn6 a tous les locataires du mobile home park. parc de maisons mobiles. Same (3) A landlord shall not prohibit tenants (3) Le locateur ne peut interdire aux loca- tdem from placing signs on their mobile home or taires de mettre des 6criteaux sur leur maison residential premises under subsection (2) mobile ou sur leur local d'habitation aux ter- unless, mes du paragraphe (2) que si : I (a) the prohibition applies to all tenants in a) d'une part, l'interdiction s'applique A the mobile home park; and tous les locataires du parc de maisons mobiles; (b) the alternative method of advertising is b) d'autre part, 12autre moyen d'annoncer available to all the tenants of the est a la disposition de tous les locatai- mobile home park. res du parc de maisons mobiles. Tenants (4) For the purposes of subsection 2 4 Pour 1'a lication du Association association ( )� ( ) PP paragraphe (2), "tenants association" means a tenants associ- «association de locataires* s'entend de 1'asso- de locataires ation of which all tenants of the mobile home ciation de locataires dont tous les locataires park are eligible as members. du parc de maisons mobiles peuvent devenir membres. Application (5) Despite any agreement or waiver to (5) Malgr6 toute convention ou renoncia- Champ d'a p- the contrary, this section applies to tenancies tion contraire, le prdsent article s'applique placation under tenancy agreements entered into or aux locations aux termes de baux qui sont en renewed before and subsisting on the day the tours le jour ou la Loi de 1994 modiftant des Land Lease Statute Law Amendment Act, lois en ce qui concerne les terrains d bail 1994 receives Royal Assent or entered into regoit la sanction royale et ont 6t6 conclus ou on or after that day. reconduits avant ce jour-IA et aux locations aux termes de baux qui sont conclus A comp- ter de ce jour-la. 13. The Act is amended by adding the fol- 13. La Loi est modifiee par adjonction de lowing section: Particle suivant : LAND LEASE COMMUNITIES COMMUNAUTES DE TERRAINS A BAIL Land leap 128.1 Sections 125 125.1, 125.2, 126 127 128.1 Les articles 125, 125.1, 125.2, 126, communities + , Communautcs and 128 apply, with necessary modifications, 127 et 128 s'appliquent, avec les adaptations bailt`rrains to tenancies for possession of land, necessaires, aux locations relatives A la pos- session d'un terrain : k' 6 kill 21 LAND LEASE STATUTE LAW Sec./art. 13 Landlord and Tenant Act Loi sur la location immobiliere (a) intended and used as a site for a land a) d'une part, servant et destine a servir lease community home used for resi- d'emplacement de maison de commu- dential purposes; and nautd de terrains a bail occup6 a des fins d'habitation; (b) situated in a land lease community. b) d'autre part, situe dans une commu- nautd de terrains a bail. PLANNING ACT LOI SUR L'AMENAGEMENT DU TERRITOIRE 14. Subsection 41 (1) of the Planning Act is 14. Le paragraphe 41 (1) de la Loi sur amended by adding at the end "or of sites for Pamenagement du territoire est modifi6 par the construction, erection or location of three adjonction de you d'emplacements pour la or more land lease community homes as construction, 196dification ou ('installation de defined in subsection 46 (1) of this Act". trois maisons de communaut6 de terrains a bail ou plus au sens du paragraphe 46 (1) de la pr6sente loi». 15. (1) Subsection 46 (1) of the Act is 15. (1) Le paragraphe 46 (1) de la Loi est amended by adding the following definition: modifi6 par adjonction de la d6finition suivante "land lease community home" means any «maison de communautd de terrains a bail» dwelling that is a permanent structure Habitation constituant une construction where the owner of the dwelling leases the permanente et dont le propri6taire loue le land used or intended for use as the site terrain servant ou destine i servir d'empla- for the dwelling, but does not include a cement pour 1'habitation. Est toutefois mobile home. ("maison de communautd de exclue de la pr6sente d6finition une maison terrains a bail") mobile. («land lease community home))) (2) Section 46 of the Act is amended by (2) L'article 46 de la Loi est modifi par adding the following subsection: adjonction du paragraphe suivant ne land (2.1) Unless otherwise authorized by a by- (2.1) Sous reserve d'autorisation contraire Une maison ase law in force under section 34 or an order of par un re lement municipal ado to en a It na t6 de t mmuniry p g p p pp �- naut8 de ter- ome per the Minister made under clause 47 (1) (a), or cation de Particle 34, d'un arret6 du ministre rains A bail parcel of a permit issued under section 13 of the en vertu de 1'alinea 47 1 a ou d'un ermis par parcelle .land P ( ) ) P de terrain Public Lands Act, no person shall construct d6livre en vertu de Particle 13 de la Loi sur or erect or locate or use or cause to be con- les terres publiques, nul ne doit construire, structed, erected, located or used a land edifier, installer, utiliser ni faire construire, lease community home except on a parcel of edifier, installer ou utiliser une maison de land as defined in subsection (1), and in no communautd de terrains i bail ailleurs que case except as otherwise so authorized shall sur une parcelle de terrain au sens de la defi- any person construct, erect, locate or use or nition «parcelle de terrain» au paragraphe cause to be constructed, erected, located or (1). Sauf autorisation contraire, nul ne doit used more than one land lease community construire, edifier, installer, utiliser ni faire home on any such parcel of land. construire, edifier, installer ou utiliser plus d'une maison de communaut6 de terrains a bail sur cette parcelle de terrain. (3) Section 46 of the Act is amended by (3) L'article 46 de la Loi est modifi6 par adding the following subsection: adjonction du paragraphe suivant Same (4) This section does not apply to prevent (4) Le present article n'a pas pour effet Idem the continued use in the same location of any d'interdire 1'utilisation continue, au meme land lease community home that, emplacement, d'une maison de communaut6 de terrains a bail (a) was constructed, erected or located a) construite, edifice ou installee et utili- and in use prior to the day the Land see avant le jour o6 la Loi de 1994 Lease Statute Law Amendment Act, modifiant des loin en ce qui concerne 1994 receives Royal Assent; or les terrains d bail regoit la sanction royalc; (b) was constructed, erected or located in b) construite, edifice ou installee confor- accordance with a building permit moment a un permis de construire Sec./art. 15 (3) TERRAINS n BAIL Projet 21 7 Planning Act Loi sur l'amenagement du territoire issued prior to the day the Land Lease d6livrd avant le jour ou la Loi de 1994 Statute Law Amendment Act, 1994 moctifiant des loin en ce qui concerne receives Royal Assent. les terrains d hail regoit la sanction royale. RENTAL HOUSING PROTECTION ACT LOI SUR LA PROTECTION DES LOGEMENTS LOCATIFS 16. (1) Until subsection 31 (3) of the 16. (1) Jusqu'A !'entree en vigueur du Residents' Rights Act, 1994 comes into force paragraphe 31 (3) de la Loi de 1994 sur les the definition of"rental property" in section droits des residents, la definition de«bien loca- 1 of the Rental Housing Protection Act shall be tif» a Particle 1 de la Loi sur la protection des deemed to read as follows: logements locatifs est r6put6e se lire comme suit "rental property" means, «bien locatif» S'entend, selon le cas (a) a building or related group of build- a) d'un immeuble ou d'un ensemble d'im- ings in which one or more rental units meubles connexes oiu sont situ6s un ou are located, plusieurs logements locatifs, (b) a mobile home park in which two or b) d'un pare de maisons mobiles ou sont more rental units are located, or situes au moins deux logements loca- r (c) a land lease community in which two tifs, or more rental units are located, c) d'une communautd de terrains a bail and includes all common areas and services ou sont situes au moins deux loge- and facilities available for the use of its ments locatifs. residents, but does not include a condo- S'entend en outre de toutes les parties minium. ("bien locatif") communes et de tous les services et instal- lations dont disposent les residents. Sont toutefois exclus de la pr6sente definition les condominiums. (<<rental property») (2) On the day subsection 31 (3) of the (2) Le jour de !'entree en vigueur du para- Residents' Rights Act, 1994 comes into force graphe 31 (3) de la Loi de 1994 sur les droits or on the day this section comes into force, des residents ou, s'il lui est post6rieur, le jour whichever is later, the definition of "rental de 11entr6e en vigueur du pr6sent article, la property" in section 1 of the Act, as re- definition de «bien locatif» i !'article 1 de la enacted by subsection 31 (3) of the Residents' Loi, telle qu'elle est adopt6e de nouveau par Rights Act, 1994, is repealed and the following le paragraphe 31 (3) de la Loi de 1994 sur les substituted: droits des residents, est abrog6e et remplac6e par ce qui suit "rental property" means, «bien locatif» S'entend, selon le cas (a) a building or related group of build- a) d'un immeuble ou d'un ensemble d'im- ings in which one or more rental units meubles connexes ou sont situes un ou are located, plusieurs logements locatifs, (b) a mobile home park in which two or b) d'un pare de maisons mobiles oii sont more rental units are located, or situes au moins deux logements loca- tifs, (c) a land lease community in which two c) d'une communaut6 de terrains a bail or more rental units are located, oa sont situes au moins deux loge- ments locatifs. and includes all common areas and services S'entend en outre de toutes les parties and facilities available for the use of its communes et de tour les services et instal- residents, but does not include, lations dont disposent les residents. Sont toutefois exclus de la pr6sente definition (d) a condominium, d) les condominiums, (c) accommodation that is subject to the c) les logements assujettis a la Loi sur les Public Hospitals Act, the Private Hos- ho'pitaux publics, a la Loi sur les hopi- pitals Act, the Community Psychiatric tuuv prives, a la Loi sur les h6pilaux Bill 21 LAND LEASE STATUTE; LAW Sec./art. 16 (2) Rental Housing Protection Act Loi sur la protection des logements locatifs Hospitals Act, the Mental Hospitals psychiatriques communautaires, A la Act, the Homes for Special Care Act, Loi .cur les h6pitaux psychiatriques, A the Homes for the Aged and Rest la Loi sur les foyers de soins speciaux, Homes Act, the Homes for Retarded A la Loi sur les foyers pour personnes Persons Act, the Nursing Homes Act, agces et les maisons de repos, A la Loi the Ministry of Correctional Services sur les foyers pour deficients mentaux, Act, the Charitable Institutions Act, the A la Loi sur les maisons de soins Child and Family Services Act or the infenniers, A la Loi sur le ministere des Developmental Services Act, or Services correctionnels, a la Loi sur les etablissements de bienfaisance, a la Loi sur les services d Penfance et a la famille ou A la Loi sur les services aux personnes atteintes dun handicap de developpement, (f) accommodation occupied by a person f) les logements occup6s par des person- solely for the purpose of receiving nes seulement afin qu'elles y regoivent rehabilitative or therapeutic services des services de r6adaptation ou des agreed upon by the person and the services th6rapeutiques dont elles- provider of the accommodation, memes et le fournisseur des logements where, ont convenu, lorsque les conditions suivantes sont r6unies (i) the parties have agreed that, (i) les parties ont convenu, scion le cas (A) the period of occupancy will (A) que l'occupation des lieux be of a specified duration, serait d'une durbe pr6cise, or (13) the occupancy will termi- (13) que 1'occupation des lieux nate when the objectives of prendrait fin lorsque les the services have been met objectify pr6vus pour les or will not be met, and services seraient atteints ou ne le seraient pas, (ii) the average length of the occu- (ii) la dur6e moyenne d'occupation pancy of the occupants of the par les occupants de l'immeuble building in which the accommo- dans lequel les logements sont dation is located does not exceed situ6s ne d€passe pas six mois ou six months or such lesser time la p6riode moins longue que period as the regulations made prescrivent les reglements pris en under this Act prescribe. ("bien application de la pr6sente loi. locatif") («rental property*) (3) The definition of "rental unit" in sec- (3) La definition de «logement locatif» i tion 1 of the Act is repealed and the following Particle 1 de la Loi est abrog6e et remplacee substituted: par ce qui suit "rental unit" means premises used as rented ologement locatif» Locaux servant de locaux residential premises and includes, d'habitation lou6s,y compris ce qui suit (a) premises that have been used as a) les locaux vacants qui ont d6jA servi de rented residential premises and are locaux d'habitation lou6s, vacant, and (b) a rented site for a mobile home or a b) un emplacement lou6 de maison rented site for a land lease community mobile ou de maison de communaut6 home even if the mobile home or the de terrains A bail, mime si la maison land lease community home on the site en question qui se trouve sur 1'empla- is owned by the tenant of the site. cement est la propribt6 du locataire de ("logement locatif") 1'emplacement. (orental unit») (4) Section 1 of the Act is amended by add- (4) Laarticle I de la Loi est modifie par ing the following definitions: adjunction des definitions suivantes Sec./art. 16(4) "TERRAINS n BAIT. Projet 21 9 Rental Housing Protection Act Loi sur la protection des logements locatifs "infrastructure" includes, with respect to a «communautc de terrains a bail» Les locaux land lease community or a mobile home d'habitation, le terrain, les batiments et les ` park, the roads, water supply, fuel, sew- installations qui demeurent en la posses- age, drainage and electrical systems and sion du locateur et qui sont destines a such other things or systems as may be ('usage commun des locataires du locateur, prescribed that, a un endroit ou se trouvent au moins deux (a) are under the direct or indirect control maisons de communautc de terrains a bail. _• of the landlord, and («land lease community») (b) provide access or service to the park <<infrastructure» En ce qui concerne une com- or community or to any rental unit in munaute de terrains a bail ou un pare de the park or community; ( tnfrastruc- maisons mobiles, s'entend des routes, des ture") installations d,approvisionnement en eau, d'alimentation en combustible, d'cvacua- "land lease community" means the residen- tion des eaux d'egout et de drainage, des tial premises and the land, structures and installations electriques et des autres cho- facilities of which the landlord retains pos- ses ou installations qui sont prescrites et session and that are intended for the com- qui : mon use and enjoyment of the tenants of a) d'une part, sont sous le contr6le direct the landlord where two or more occupied ou indirect du locateur, land lease community homes are situated; ("communautc de terrains a bail"). b) d'autre part, fournissent un acces ou "land lease community home" means any un service au parc ou a la commu- dwelling that is a permanent structure nautc, ou a un logement locatif qui s'y where the owner of the dwelling leases the trouve. («infrastructure») land used or intended for use as the site omaison de communautc de terrains a bail» for the dwelling, but does not include a Habitation constituant une construction mobile home; ("maison de communautc de permanente et dont le proprietaire loue le terrains a bail") terrain servant ou destine a servir d'empla- "mobile home" means any dwelling that is cement pour Phabitation. Est toutefois designed to be made mobile and con- exclue de la presente definition une maison structed or manufactured to provide a per- mobile. («land lease community home») manent residence for one or more persons, «maison mobile» Habitation destinee a pou- but does not include a travel trailer, tent voir titre dcplacee, et construite ou fabri- trailer or a trailer otherwise designed; quee de fagon a servir de residence perma- ("maison mobile") nente a une ou plusieurs personnes. Sont "mobile home park" means the residential toutefois exclus de la presente definition la premises, and the land, structures, services roulotte, la tente-remorque et tout autre and facilities of which the landlord retains genre de remorque. («mobile home») possession and that are intended for the «parc de maisons mobiles» Les locaux d'habi- common use and enjoyment of the tenants tation, le terrain, les batiments, les services of the landlord where two or more occu- et les installations qui demeurent en la pied mobile homes are located for a period possession du locateur et qui sont destines of sixty days or more. ("pare de maisons a l'usage commun des locataires du loca- mobiles") teur, a un endroit ou au moins deux mai- sons mobiles habitees sont installces pen- dant un minimum de soixante jours. (<<mobile home park») (5) Section 1 of the Act is amended by add- (5) Varticle 1 de la Loi est modifie par ing the following subsections: adjonction des paragraphes suivants Unorganized (2) For the purposes of the application of (2) Aux fins de ('application de la presente Territoires territories non 6rig6s en this Act to land lease communities or mobile loi aux communautes de terrains a bail ou municipaBt6 home parks located in territories without aux pares de maisons mobiles situes dans un municipal organization, a reference in this territoire non enge en municipalite, la men- Act to a municipality, its council or any offi- tion, dans la presente loi, d'une municipalite, cers or employees shall be deemed to be a de son conseil ou de ses dirigeants ou reference to the Minister of Housing or to a employes est reputce une mention du minis person whom responsibility is delegated tre du Logement ou de la personne a qui une under section 23. responsabilitc est dcicguee en vertu de I'arti- cle 23. 4' 0 Bill 21 LAND LEASE STA'rUTF. LAW Sec./art. 16 (5) Rental Housing Protection Act Loi sur la proteclion Iles logements locatifs elegation (3) The Minister or it person to whom (3) Le ministre ou la personne a qui tine u616gation de power pouvoirs under Act responsibility is delegated tinder section 23 responsabilit6 est &16gu& en vertu de I'arti- may by order exercise any power that a cle 23 pout, par ordre ou arrct6, exercer tout municipality would exercise by by-law tinder pouvoir qu'une municipalit6 pourrait exercer this Act. par reglement municipal en vertu de la prd- sente loi. 17. Subsection 2 (1) of the Act is repealed 17. Le paragraphe 2 (1) de la Loi est and the following substituted: abroge et remplace par ce qui suit Application (1) Despite any Act or agreement to the (1) Malgrd toute loi ou convention con- Champ d'ap- or Act contrary, this Act applies to, traire, la presente loi s'applique : a Loi de (a) any rental property comprised of a a) a tout bien locatif comprenant un building or a related group of build- immeuble ou un ensemble d'immeu- ings situated in any municipality in bles connexes situds dans une munici- Ontario except municipalities that are palitd de 1'Ontario, a 1'exception des exempted by the regulation; and municipalitds qui font l'objet d'une exemption aux termes des reglements; (b) all rental properties that are land lease b) a tous les biens locatifs qui sont des communities or mobile home parks. communautds de terrains a bail ou des pares de maisons mobiles. 18. Section 4 of the Act, as amended by 18. L'article 4 de la Loi, tel qu'il est modi- the Statutes of Ontario, 1994, chapter 2, sec- fie par Particle 33 du chapitre 2 des Lois de lion 33, is further amended by adding the fol- 1'Ontario de 1994, est modifie de nouveau par lowing subsections: adjonction des paragraphes suivants JW'here subs. (1.2) Subsection (1) does not apply so as (1.2) La n6cessit6 d'obtenir I'approbation Cas ou to does not par. (1) ne ply to require the approval of the council of the du Conseil de la municipality aux termes du s'applique pas municipality if, paragraphe (1) ne s'applique pas si ML (a) the rental property is not a building or a) d'une part, le bien locatif nest pas un related group of buildings in which immeuble ou un ensemble d'immeu- one or more rental units are located; bles connexes oil sont situds un ou plu- and sieurs logements locatifs; (b) the demolition, conversion, renovation b) d'autre part, la demolition, la conver- or repair of the rental property was sion, les travaux de renovation ou les commenced before the day the Land r6parations du bien locatif ont ddbutd Lease Statute Law Amendment Act, avant le jour oit la Loi de 1994 modi- 1994 received Royal Assent. fiant des Lois en ce qui concerne les ter- rains a bail a requ la sanction royale. Prohibition, (1.3) No infrastructure or part of an infra- (1.3) Sauf avec Papprobation du Conseil de Interdiction, frastructure structure in a rental property which is a land la municipalitd dans laquelle se trouve le infrastructure lease community or mobile home park shall bien, aucune infrastructure ou partie d'infra- be, structure d'un Bien locatif qui est une com- (a) permanently removed; or munautd de terrains a bail ou un pare de maisons mobiles ne peut etre (b) renovated or repaired if, a) enlevde de fagon permanente; (i) a tenant is in possession of a b) rdnovde ou rdparde si, selon le cas rental unit and vacant possession of the rental unit would be (i) un locataire est en possession required, or d'un logement locatif et la libre (ii) the repair or renovation is so possession de ce logement locatif extensive that if any vacant rental serait n6cessaire, unit affected by the repair or ren- (ii) les r6parations ou les travaux de ovation were occupied, vacant renovation sont si importants que possession would be required, si un logement locatif vacant tou- by any person unless the council of the ch6 par eux dtait occupd, la libre municipality in which the property is situate possession du logement serait approves the removal, renovation or repair. nccessaire. Sec./art. 18 reiuiAINS A BAIT. Projet 21 11 Rental Housing Protection Act Loi sur la protection des logements loccttifs Exception (2.1) Clause (1) (b) does not apply so as (2.1) La necessite d'obtenir I'approbation Exception ' to require the approval of the council of the du conseil de la municipalite aux termer de municipality for the removal of a leased I'alinea (1) b) ne s'applique pas dans le cas mobile home from the rental property that is de 1'enlevement d'une maison mobile louee the site for the mobile home, if the person du bien locatif qui est 1'emplacement de la who removes the leased mobile home is the maison mobile, si la personne qui I'enleve est tenant of the site and of the leased mobile le locataire de 1'emplacement et de la maison home, whether or not the mobile home and mobile louee, que ceux-ci soient la propriet6 the site are owned by the same person. de la meme personne ou non. 19. (1) Subsection 9 (1) of the Act is 19. (1) Le paragraphe 9 (1) de la Loi est amended by inserting after "4 (1)" in the modifie par insertion, apres 4 (1))� a la cin- fifth line "or (1.3)". quieme ligne, de«on (1.3)o. (2) Subsection 9 (3) of the Act is amended (2) Le paragraphe 9 (3) de la Loi est modi- by inserting after 114 (1)" in the ninth line fie par insertion, apres 4 (1)» a la onzMme "or(1.3)". ligne, de«on (1.3)». (3) Section 9 of the Act is amended by add- (3) L'article 9 de la Loi est modifie par ing the following subsection: adjunction du paragraphe suivant: Same (4) Despite section 113 of the Landlord (4) Malgr6 Particle 113 de la Loi sur la Idem and Tenant Act, no order for a writ of pos- location immobiliere, aucune ordonnance session of a rental unit in a land lease com- prdvoyant la d6livrance d'un bref de mise en munity or in a mobile home park shall be possession d'un logement locatif situ6 dans issued in respect of the ground set out in sec- une communaute de terrains a bail ou un tion 105 of that Act,even if the notice of ter- pare de maisons mobiles ne peut etre rendue mination was given or application made for a pour les motifs 6nonces a Particle 105 de writ of possession before the day the Land cette loi, meme si I'avis de r6siliation a 6t6 Lease Statute Law Amendment Act, 1994 donne ou une requete pour 1'obtention d'un receives Royal Assent, unless the approval of bref de mise en possession a et6 presentee the council of the municipality under subsec- avant le jour ou la Loi de 1994 modiftant des tion 4 (1) or (1.3) of this Act has been lois en ce qui concerne les terrains d bail obtained, where such approval is required. regoit la sanction royale, a moins que Pap- probation du conseil de la municipalite vis6e au paragraphe 4 (1) ou (1.3) de la pr6sente loi Wait ete obtenue, si une telle approbation est exigee. 20. (1) Subsection 10 (1) of the Act is 20. (1) Le paragraphe 10 (1) de la Loi est amended by inserting after 114 (1)" in the modifie par insertion, apres «4 (1)» it la cin- fifth line "or(1.3)". quieme ligne, de «ou (1.3)». (2) Subsection 10 (3) of the Act is amended (2) Le paragraphe 10 (3) de la Loi est by inserting after `14 (1)" in the ninth line modifie par insertion, apres «4 (1)» a la "or(1.3)". dixRme ligne, de «ou (1.3)». (3) Section 10 of the Act is amended by (3) L'article 10 de la Loi est modifie par adding the following subsection: adjonction du paragraphe suivant: Same (4) Despite section 113 of the Landlord (4) Malgre Particle 113 de la Loi sur la Idem and Tenant Act, no order for a writ of pos- location immobiliere, aucune ordonnance session of a rental unit in a land lease com- prevoyant la delivrance d'un bref de mise en munity or in a mobile home park shall be possession d'un logement locatif situe dans issued in respect of the ground set out in sec- une communaute de terrains a bail ou un tion 103 of that Act, even if the notice of ter- pare de maisons mobiles ne peut titre rendue mination was given or application made for a pour les motifs enonces a ('article 103 de writ of possession before the day the Land cette loi, meme si I'avis de resiliation a ete Lease Statute Law Amendment Act, 1994 donne ou une requete pour l'obtention d'un receives Royal Assent, unless the approval of bref de mise en possession a ete presentee the council of the municipality under subsec- avant le jour ob la Loi de 1994 modifiant des tion 4 (1) or (1.3) of this Act has been lois en ce qui concerne les terrains d bail obtained, where such approval is required. regoit la sanction royale, a moins que I'ap- probation du conseil de la municipalite visee 1 2 Bill 21 LAND LEASE STATUTE: LAW Sec./art. 20 (3) Rental Housing Protection Act Loi stir la protection des logements locatifs 4 ou L3 de au paragraphe (l) ( ) la presente loi Wait etc obtenue, si une telle approbation est exig6c. 21. The Act is amended by adding the fol- 21. La Loi est modifiee par adjonction de lowing section: Particle suivant Zommencc- 13.1 Until a certificate is issued under 13.1 Nul ne doit entreprendre I'activit6 Commence- ent of ment de 1'ac- ctivity subsection 13 (6), no person shall commence visde au paragraphe 4 (1.3) avant qu'un certi- tivitd visde au under the activity mentioned in subsection 4 (1.3). ficat soit ddlivr6 aux termes du paragraphe par. 4 (1.3) 5. a (1.3) 13 (6). 22. (1) Section 18 of the Act is amended 22. (1) L'article 18 de la Loi est modifie by adding the following clause: par adjonction de Palin6a suivant (a.1) prescribing things that are part of the a.1) prescrire les choses qui font partie de infrastructure of a land lease commu- l'infrastructure d'une communaut6 de nity or a mobile home park for the terrains a bail ou d'un part de maisons purposes of the definition of "infra- mobiles pour 1'application de la d6fini- structure" in section 1. tion de «infrastructure» a Particle 1. (2) Clause 18 (c) of the Act is repealed and (2) L'alin6a 18 c) de In Loi est abroge et the following substituted: remplace par ce qui suit (c) prescribing, for the purposes of sub- c) prescrire, pour 1'application du para- section 11 (7), the criteria upon which graphe 11 (7), les criteres a appliquer approval may be granted or refused pour accorder ou refuser une approba- under section 4 or 5 and prescribing tion aux termes de Particle 4 ou 5 et different criteria to apply with respect prescrire des criteres diff6rents a appli- to land lease communities and mobile quer en ce qui concerne les commu- home parks and with respect to the naut6s de terrains a bail et les pares de conversion of land lease communities maisons mobiles ainsi que leur conver- and mobile home parks to any class of sion en toute cat6gorie de coop6rative non-profit co-operative housing. de logement sans but lucratif. 23. The Act is amended by adding the fol- 23. La Loi est modifiee par adjonction de lowing section: Particle suivant 1frastructure ff enc 19.1 Every person who contravenes sub- 19.1 Quiconque contrevient au paragra- Infraction, section 4 (1.3) and every director or officer phe 4 (1.3) et tout administrateur ou diri- of a corporation who authorized, permitted geant d'une personne morale qui a autoris6 or acquiesced in the contravention by the ou permis cette contravention par la per- corporation, is guilty of an offence and on sonne morale, ou y a consenti, est coupable conviction is liable to a fine of not more than d'une infraction et passible, sur d6claration $50,000 or to imprisonment for a term of not de culpabilit6, d'une amende d'au plus more than one year, or to both, but no per- 50 000 $ et d'une peine d'emprisonnement son is guilty of an offence if the person did d'au plus un an, ou d'une seule de ces pei- not know, and in the exercise of due dili- nes. Toutefois, nest pas coupable d'une gence could not have known, of the contra- infraction la personne qui n'dtait pas au cou- vention. rant de la contravention et ne pouvait, mime en ayant fait preuve d'une diligence raisonna- ble, en avoir eu connaissance. 24. The Act is amended by adding the fol- 24. La Loi est modifiee par adjonction de lowing section: ['article suivant Dzi:gation 23. The Minister may delegate in writing 23. Le ministre peut ddldguer par 6crit les Ddtdgation be Minister par le any power or duty granted to or vested in the pouvoirs et fonctions qui lui sont conf6r6s ou ministre Minister under this Act to another member ddvolus aux termes de la prdsente loi a un of the Executive Council or to persons or autre membre du Conseil ex6cutif ou a des classes of persons employed in the public ser- personnel ou catdgories de personnes AL vice of Ontario. employdes dans la fonction publique de I'On- tario. commence- 25. This Act comes into force on the day it 25. La presente loi entre en vigueur le Entrie en ment vigueur receives Royal Assent. jour ou elle rgoit la sanction royale. i Scc. art. 20 i'i IMAiNS A BAii Prc►jct 21 13 i Renal /luccsil,q Prolvotult Act l.ni.sin-la/►rolec Linn c/r.% loge nu'n/.s luca/i/s short title 26. The short title of this Act is the Land 26. Le titre a►brcg de la preseote loi est Tire ai)r6g; Lease Statute Laws,amendment itch, 1994. Lai de 1994 madi/ianl des loi.c en cc qui con- cernc les lcrrains ti bail. i i i M i i . i 1 O.Reg.524194 THE ONTARIO GAZETTE/LA GAZETTE DE L'ONTARIO 3073 ONTARIO REGULATION 524/94 S. (1)Every rental property owned,operated or managed by a gov- made under the ernment or a Crown agency non-profit housing corporation is exempt RENTAL HOUSING PROTECTION ACT from the Act. Made: July 20,1994 (2)A rental property or part thereof is exempt, Filed: August 3,1994 (a) from clause(4) (l) (a)of the Act if it isdemolished under a GENERAL non-profit housing program administered by the Ministry of Housing; 1. All municipalities are exempt from the Act except those listed in Schedule 1. (b) ..from clause 4(1)(b)of the Act if it is converted to a oon•profit co-operative as defined in the Co-operative Corporations Act under a non-profit housing program administered by the Minis- 2. (1)A rental property or part thereof that is subject to demolition try of Housing;or under subsection 10(4)of the Building Code Act.demolition under the City of Toronto Act,1936,chapter 84,an order for clearance of build- (c) from clause 4(1)(c)of the Act if it is renovated or repaired ings and structures under clause 31 (7)(b)of the Planning Act or an under, order for removal under clause 18(2)(a)of the Fire Marshals Act is exempt from clause 4(1)(a)of the Act. (i) the Low Rise Rehabilitation Program administered by the Ministry of Housing, (2)A rental property or part thereof that is the subject of an order ) the Rental Residential Rehabilitation Assistance Program under section 10 of the Building Code Act,an order for repairs under (u clause 31(7)(b)of the Planning Act,an order for repairs under section administered by the Canada Mortgage and Housing Corpor- 18 of the Fire Marshals Act or an order for repairs under the City of ation,or Toronto Act,1936,chapter 84 is exempt from clause 4(1)(c)of the Act for repairs so ordered. (ui) anon-profit housing program administered by the Ministry of Housing. 3. (1)A rental property listed in Schedule 2 is exempt from the Act. (3)Every rental property owned or operated by the Ontario Housing Corporation or any housing authority corporation created under sub- (2)A rental unit listed in Schedule 3 is exempt from the Act. section 7(2)of the Housing Development Act that acts as agent for the Ontario Housing Corporation is exempt from the Act. 4. (1)In this section."application"means an application, (4)Every rental property owned by a private non-profit housing cor- (a) for approval under section S1 of the Planning Act of a descrip- poration and managed by a housing authority corporation described in lion made for the purposes of the Condominium Act;or subsection(3)under a management agreement with that housing auth- ority corporation and the Ontario Housing Corporation is exempt from (b) for an exemption under subsection 50(3)of the Condominium the Act. Act from the requirement for the approval. (5)Every rental property owned by a non-profit housing corporation where the majority of voting shares are owned by a municipality or (2)A rental property is exempt from the Act if,before any residential where the board of directors is elected or appointed subject to the prior unit in it is occupied as a rental unit other than by persons who,in good approval of a municipality is exempt from the Act. faith,have entered into an agreement or an option to purchase their unit, 6. (1)If adjoining rental units in a rental property that is a care (a) an application is made; home are to be merged into one rental unit or if one rental unit in a rental property that is a care home is to be divided into two or more renal (b) a prospectus, prepared in accordance with the Securities Act, units,the rental property is exempt.from the Act for these purposes so MEN containing a statement of intent to apply to register the rental long as one of the following conditions are met: property as a condominium is filed with the Director of the Ontario Securities Commission and a receipt for it obtained; 1. The affected units are vacant and none of these vacancies have been obtained by means of serving a notice of termination under (c) an offering.memorandum containing a statement of intent to section 105 of the Landlord and Tenant Act. apply to register the rental property as a condominium is pre- 2. The current tenants of the units who will occupy the reconfi- pared and delivered to the Ontario Securities Commission in 1Nmd units have-agreed to the reconfiguration and the current accordance with the Securities Act,or tenants of the units who will not occupy the reconfigured units have agreed to be relocated to other comparable units with simi- (d) notifrcation of start of construction of a condominium project is jar rents and charges for care services and meals. given in accordance with the Ontario New Home Warranties Plan Act. (2)If any rental units in a rental property that is a care home are to be converted into use as facilities for the provision of care services or (3)A rental property is exempt from the Act if a draft approval under meals to the tenants of the rental property,the rental property is exempt section 51 of the Planning Act of a description made for the purpose of from the Act for the purpose of this conversion so long as one of the fol- the Condominium Act was obtained after July 9,1986 and before June lowing conditions are met: 30, 1989 in respect of that property. 1. The affected unit or units are vacant and none of these vacancies (4)A rental property is exempt from the Act if an application in re- have been obtained by means of serving a notice of termination spect of the property was made before this section came into force and under section 105 of the Landlord and Tenant Act. if,at the date of the application,not more than half of the residential tenants of the units in the property had even been occupied as rental units other than 2' Th arao ble un ts w th snmilar rents grand charges for care services and by persons who.in good faith.had entered into an'agreement or an op- meals. tion to purchase their units. 1211 r 3074 THE ONTARIO GAZETTE/LA GAZETTE DE VONTARIO O.Reg.524/94 7, (1)If land contains a rental property and an application is made (5)The council of a municipality shall not for consent under 3ection.33 of the Pknning Acs,subsection 5(I)of ehe- a rental property that h,a care homeis dre sub'�ro�an application if �t Act does not applyrif,after the conveyance, L y the application is other than one referred to in subwdon(3),unless the following conditions are met: (a) a rental property that is subject to the Act is located on each severed portion:or 1. The council is satisfied that the criterion set out in either para- graph a rental property graph I of subsection(1),subparagraph i of paragraph 2 of sub- (b) perry is located on one severed portion and the other section(1)or paragraph 3 of subsection(1)has been met. portion is either vacant or any buildings located on it contain no residential units. 2. The applicant agrees to provide rental accommodation in a care home in the same area of similar quality and rent and with similar (2)A conveyance that consists only of an easement or right of way charges for care services and meals to any tenant who is required is exempt from subsection S(1)of the Act to give up possession of a rental unit as a result of the approval. L (1)The council of a municipality shall not approve an applica- 9. An application for a demolition under clause 4(1)(a)of die Act lion under the Act unless the council is satisfied that at least one of the must contain the following information: following criteria is met: 1. Council finds That, 1. Local municipality and municipal address of the property. 2. Location of property(abbreviated legal description). i. a rental property for which an application is made for demolition is structurally unsound,or 3. Name, mailing address and telephone number of registered owner. ii. a rental property for which an application is made for reno- vadon or repair is structurally unsound at the time of the ap- 4. Name,mailing address and telephone number of agent and sol- plication and will continue to be structurally unsound if the icitor. renovation or repair proposed by the applicant is not carried out and,in the case where tenants are in occupation of the S. Name and current mailing address of tenants in the rental prop- unit,that vacant possession is required to effect the renova- erty. Lion or repair. 6. Nature of demolition sought(partial,complete). 2. The applicant agrees, 7. Reasons for demolition. I. to provide the same number of new rental units in a similar rental range and in the same area as those for which approval $• Whether an application for building permit was made and,if so, is given,and the date of application and the date the permit was granted. ii. to provide rental accommodation in the same area of similar 9• Specifying the units that are the subject of the application and quality and rent,either in the new rental units or in other ex- the current status of all units in the property including, isting rental property,to any tenant who is required to give up possession of a rental unit as a result of the approval. I. whether owner-occupied or rental units, use of units(for example,residential,commercial),and 3. In the opinion of council,the proposal does not adversely affect the supply of affordable rental housing in the municipality. ii. if vacant,the dates of vacancy and the use immediately be- fore becoming vacant. (2)Subsection(1)does not apply to an application for conversion to, 10, Rents in the property - p pert and,in the case of a core home,charges for etc.). ( ) a condominium If the number of residential a re units, including ca services and meals listed by unit number and type(bac,helor, rental units,in the rental property is four or fewer or if the rental one bedroom, property is in a municipality that is not listed in Schedule 1;and 11. In the case of a care home,a list of the care services currently (b) a co-opemdve if the rental provided to the tenants. property is in a municipality that is not listed in Schedule 1. 12. In the case of a care home,the local municipality and municipal address of the care home to which the landlord is proposing to (3)Subject to subsection(4),the council of a municipality shall not relocate tenants of the pre home who will be required to give up approve an application if a rental property that is a pre home is the sub- possession of a rental unit as a result of the approval. ject of the application and, 13. In the cue of a care home,the rent and charges for care services (a) the application is for a conversion of a care home or a part of a and meals and the care services-available in the care home to care home to use as a rental property other than as a care home; which the landlord is proposing to relocate tenants of the care or home who will be requited to give up possession of a rental unit (b) the care home is located in a municipality that is not listed in as a result of the approval. Schedule 1. 14. Date that the construction of the building was completed. (4)The application may be approved if the applicant agrees to pro- 15. Gross floor area. vide rental scoommodadon in a care home in the same area of similar quality and-rent and with similar charges for care services and meals to 16. Number of storeys. - any tenant of the care home who is required to give up possession of a rental unit as a result of the approval. 17. Height of building. 1212 O.Reg.524/94 THE ONTARIO GAZETTE/LA GAZETTE DE UONTARIO 3075 18. The dates of any convictions under subsection 20(2)of the Act 17. Estimates of selling prices for condominium units. in respect of the property. 18. Any government sponsored financing sought or obtained on the 19. A statement by the applicant certifying that all statements con- condition that the property that is the subject of the application tained in the application are true. remains a rental property. 20. If the application is trade by an agent on behalf of the owner,a 19.. The dates of any convictions under subsection 20(2)of die Act statement by the owner that the agent is authorized to act as an in respect of the property. agent in making the application. 20. An indication of the nature of any renovations, repairs or changes in use that are to be done in conjunction with the condo- 10.. An application.fora conversion to a condominium under minium conversion. clause 4(1)(b)of the Act must contain the following information: I.. Local municipality and municipal address of the property. 21. A statement by the applicant certifying that all statemeatx con- nined in the application are true. 2. Location of property(abbreviated legal description). 22. If the application is made by an agent on behalf of the owner,a statement by the owner that the agent is authorized to an as an. - 3. Whether any prior application was made for condominium ap- agent in making the application. proval and,if so,the previous file number. 11. An application for a conversion to a co-operative,hotel,motel. 4. Name, mailing address and telephone number of registered tourist home,inn or apartment hotel or non-rental property use under owner. clause 4(1)(b)of the Act must contain the following information: S. Name,mailing address and telephone number of agent,solicitor 1. Local municipality and municipal address of the property: and planning consultant. 2. Location of property(abbreviated legal description). 6. Name and current mailing address of tenants in the rental prop- 3. City. Any application under the Act or a predecessor of the Act.the Planning Actor the Securities Act submitted prior to this 2pplica- 7. Specifying the units that are the subject of the application and tion and the file number. the current status of all units in the property including, 4. Name.'mailing address and telephone number of a:;mtered i. whether owner-occupied or rental units, use of units (for owner. example,residential,commercial),and S. Name,mailing address and telephone number of agent,solicitor ii. if vacant,the dates of vacancy and the use immediately be- and planning consultant. fore becoming vacant. 6. Name and current mailing address of tenants in the rental prop- 8. Number of condominium uniti proposed (specify residential, Crty' commercial,etc.): 7. Nature of conversion(specify proposed use). 9. Date that the construction of the building was completed. g. Specifying the units that are the subject of the application and the current status of all units.in the property including. 10. Gross floor area • i. whether owner-occupied or rental units, use of tmhs(for 11. Number of storeys. example,residential,commercial),and 12. Number of rental units that tenants in possession of the units ii. if vacant,the dates of vacancy and the use immedttely be- . have indicated in writing that they wish to purchase as condo- fore becoming vacant minium units. • 9. Number of rental units,if any,proposed to remain in the rental 13. Rents in the property and.in the case of a care home.charges for property after the conversion. care services and meals listed by unit number and type(bachelor, one bedroom,etc.). 10. In the case of a are home,a list of the care services cosrentty provided to the tenants. 14. In the case of a care home,a list of the care services currently 11. IA the case of a care home,the local municipality and tmtsicipal provided to the tenants. address of the care home to which the landlord is proposing to 15. In the case of s re home.the local municipality and municipal relocate tenants of the care home who will be required to give up a address of the are home to which the landlord is proposing to possession of a rental unit as a result of the approval• relocate tenants of the care home who will be required to give up 12. possession of a rental unit as a result of the approval. in the case of a care home,the rent and charges for care services and meals and the care services available in the care home to which the landlord is proposing to relocate tenants of the care 16. In the case of a care home,the rent and charges for care services home who will be required to give up possession of a rectal unit and meals and the care services available in the care home re as a result of the approval. which the landlord is proposing to relocate tenants of the care home who will be required to give up possession of a rental unit 13. Date that the construction of the building was completed. as a result of the approval. _ 1213 3076 THE ONTARIO GAZETTE/.LA GAZETTE DE V ONTARIO d.Reg.524/94 14. Gross floor,area. 9:-Gross ftoor area.. ., 15.'Number of storeys. 10. Number of storeys. 16. In respect of conversions to co-operatives, number of rental 11. Specifying the units that are the subject of the application and units that tenants in possession of the units,have indicated in the current status of all units in the property including, writing that they wish to purchase or obtain an interest in,and . estimates of selling prices for those units. L whether owner-occupied of rental units,use of units*(for example.residential,commercial),and 17. Specifying proposed use of each unit(owner occupation,com- mercial, ii. if vacant.the dates of-vacancy and the use immediately be ' residential). � y , fore becoming vacant. 18. Any government sponsored financing sought or obtained on the 12. Number of kitchens and-bathrooms existin and pr o condition that the property that is the subject of the application 8 p pored remains a rental property. 13. Rents in the property and,in the case of care homes.charges for 19. Rents in the care services and meals listed by unit number and type(bachelor. property,and in the case of a care home,care ser- one bedroom,etc.). vices and meals listed by unit number and type(bachelor,one bedroom.etc.). 14. In the case of a can home,a list of the can services currently 20. The dates of any convictions under subsection 20(2)of the Act provided to the tenants. in respect of the property. 15. In the case of a care home,the local municipality and municipal address of the care home to which the landlord is proposing to 21. If it is intended to convert the unit to the use of the landlord,a relocate tenants of the care home who will be required to give up spouse,child or parent of the landlord or child or parent of the possession of a rental unit as a result of the approval. landlord's spouse,a list of any rental unit(and the names of the tenants who occupied it), 16. In the case of a care home,the rent and charges for can services and meals and the care services available in the care home to I. vacated(and the date vacated)pursuant to a notice from the which the landlord is proposing to relocate tenants of the care landlord,effective within the the years,immediately pre- home who will be required to give up possession of a rental unit ceding the application,and as a result of the approval. iL in respect of which notice was given by the landlord within 17. Number of rental units,if any,proposed to remain in the rental property after the conversion.the sixty days immediatel y preceding h application, requjring possession of the renal unit for the purpose of occupa- 18. Estimates of rents following renovation. tion by the landlord,a spouse,child or parent of the landlord or 19. The dates of any convictions under subsection 20(2)of the Act child or parent of the landlord's spouse. in respect of the property. 22. A statement by the applicant certifying that all statements con- 20. A statement by the applicant certifying that all statements con- tained in the application are true. twined in the application are true. 23. If the application is made by an agent on behalf of the owner,a 21. If the application is made by an agent on behalf of the owner,a statement by the owner that the agent is authorized to act as an statement by the owner that the agent-is authorized to act as an agent in making the application. agent in making the application. 12. An application for renovation or repair under clause 4(1)(c) 13. (1)An application under section S of the Act for approval of of the Act must contain the following information: consent under subsection 53(1)of the Planning Act must contain the following information: 1. Local municipality and municipal address of the property. 1. Local municipality and municipal address of the property. 2. Location of property(abbreviated legal description). 2. Location of property(abbreviated legal description). 3. Name. marling address and telephone number of registered 3. Name, mailing address and telephone number of registered owner. owner. 4. Name,mailing address and telephone number of agent and sol- 4. Name,mailing address and telephone number of agent,solicitor icitor. and planning consultant S. Name and current mailing address of tenants in the rental prop- 5. Name and current mailing address of tenants in the rental prop- erty- em. 6. Nature of renovation(interior or exterior alterations,additions, 6. Proposed land use' with details). 7. Specifying the units that are the subject of the application and 7.*Reasons for renovation or repair. the current status of all units in the property including, _ I. whether owner-occupied or rental units, use of units (for 8. Date of construction of building. example,residential,commercial),and 17IA ld O. Reg.524/94 THE ONTARIO GAZETTE/ LA UALLI:.1'1b Ub L UIN 1Ah.1U .iv ii. if vacant,the dates of vacancy and the use immediately be- 7. Date that the construction of the building was completed. OR W. fore becoming vacant. 8. Gross floor area. 8. Date that the construction of all buildings involved was com- 9. Number of storeys. pleted. 9. Gross floor area of individual units. 10. Specifying the units that are the subject of the application and the current status of all units in the property including, 10. Number of storeys. i. whether owner-occupied or rental units,use of units(for 11. Rents in the property and,in the ease of a care home charges for example,residential,commercial),and are services and meals listed by unit numberand type(bachelor, ii. if vacant,the dates of vacancy and the use immediately be- one bedroom,etc.). fore becoming vaant. ML 12. In the case of a are home,a list of the are services currently 11. Rents in the property listed by unit number and type(bachelor, provided to the tenants. one bedroom,etc.). 13. In the case of a care home,the local municipality and municipal 12. Number of non-care rental units,'if any,proposed to remain in address of the care home to which the landlord is proposing to the rental property after the conversion. relocate tenants of the care home who will be required to give up possession of a rental unit as a result of the approval. 13. Any government sponsored financing sought or obtained on the condition that the property that is the subject of the application 14. In the case of a care home,the rent and charges for care services remains a rental property. and meals and the are services available in the care home to which the landlord is proposing to relocate tenants of the care 14. The rent and charges for are services and meals which the land- home who will be required to give up possession•of a rental unit lord intends to charge to the tenants once the rental property has as a result of the approval. been converted to use as a care home- IL 15. Estimates of selling prices for all units and an indication of the 15. A list of the care services which the landlord intends to provide units tenants have offered to buy or indicated in writing an in- to the tenants once the rental property has been converted to use terest in purchasing. as a are home. 16. Any government sponsored financing sought or obtained on the 16. The dates of any convictions under subsection 20(2)of the Act condition that the property that is the subject.of the application in respect of the property. remains a rental property. 17. A statement by the applicant certifying that all statements con- 17. The dates of any convictions under subsection 20(2)of the Azt wiaad in the application are true. in respect of the property. 13. If the application is made by an agent on behalf of the owner,a statement by the owner that the agent is authorized to act as an 18. A statement by the applicant certifying that all statements con- agent in making the application.rained in the application are true. it 15. An application under subsection 4(1.1)of the Act to convert 19. If the application is made by an agent on behalf of the owner,a a care home,or part of a care home,to use as rental property other than statement by the owner that the agent is authorized to act as an as a care home must contain the following information: agent in making the application. (2)An application under subsection(1)must be accompanied by a 1. Local municipality and municipal address of the property. sketch of the land to be severed and to be retained and,if an application I Location of the prdperty(abbreviated legal description). has been made under subsection 53(1)of the Planning Act,a copy of that application. 3. Name, mailing address and telephone number of registered 14. An application for a conversion to a care home under clause 4 owner. (1)(b.l)of the Act must contain the following information: 4. Name,mailing address and telephone number of agent and sol- icitor. 1. Local municipality and municipal address of the property. 5. Name and current mailing address of tenants in the rental prop- 2. Location of the property(abbreviated legal description). may, 3. Name, mailing address and telephone number of registered 6. Any application under the PlanninaAct submitted to permit the owner. u- 4. Name,mailing address and telephone number of agent and sol- 7. Date that the construction of the building was completed. icitor. B. Gross floor area. 5. Name and current mailing address of tenants in the rental prop- 9 Number of storeys. ertY• 6. Any application under the PlanningAct submitted to permit the 10. Specifying the units that are the subject of the application and the current status of all units in the property including. use. 1215 3078 THE ONTARIO GAZETTE/LA GAZETTE DE L'ONTARIO O.Reg.524/94 L whether owner-occupied or rental units, use of units (for (2)A new series of numbers shall be started each year. example,residential.commercial),and 17.' (1)A'notice of an application to be given to he tenant under ii. if vacant.the dates of vacancy and the use immediately be- subsection 11(2)of the Act shall be in Form L. fore becoming vacant. (2)A copy of the completed notice of application shall be given to 11. Rents and charges for care services and meals in the property every tenant of the rental property by posting it in a conspicuous place listed by unit number and type(bachelor,one bedroom,etc.). on the rental property and by, - 12. A list of the care services currently provided to tenants of the (a) sending it by prepaid fast clan mail;or care home. (b) handing it to an apparently adult person on the tenant's premises. 13. Number of rental traits,if any,proposed to remain in the rental 18. (1)Notice of the public meeting under subsection 11(8)of the property after the conversion. Act shall be given, 14. Any government sponsored financing sought or obtained on the (a) by publication in a newspaper that is.in the opinion of the clerk condition that the property that is the subject of the application of the municipality,of sufficiently general circulation in the area remains a pre horse. in which the rental property is located;and 15. The local municipality and municipal address of the care home (b) by prepaid first class mail to the applicant and to every tenant of to which the landlord is proposing to relocate the tenants of the the rental property. care home who will be required to give up possession of a rental unit as a result of the approval. (2)The notice under clause(1)(a)shall be in Form 3. 16. The rent and charges for care services and meals and the care ser- (3)The notice under clause(1)(b)shall be in Form 2. vices available in the care home to which the landlord is propos- ing to relocate the tenants of the care home who will be required (4)As an alternative to giving notice as set out in clause(1)(b),the to give up possession of a rental unit as a result of the approval. notice may be handed to a person at the tenant's premises who appears .to be an adult: 17. The dates of any convictions under subsection 20(2)of the Act 19. If an application is for a conversion to a condominium under in respect of the property. clause 4 1 ( )(b)of the Act or a consent to sever under subsection S(1) 18. A statement by the applicant certifying that all statements con- of the Act.the clerk of the municipality shall,within 10 business days after the receipt of the application,give notice to each of the following tained in the application are true. by providing a copy of the application and a request for written com- • 19. If the application is made by an agent on behalf of the owner,a meats: statement by the owner that the agent is authorized to act as an 1. To the clerk of the county or regional,metropolitan or district agent in making the application. municipality,unless such clerk has advised the clerk of the mu- nicipality that the county or regional, metropolitan or district 16. (1)The clerk of a municipality shall assign to each application municipality does not wish to receive copies of applications. a file number consisting of, 2. Where the land that is the subject of the application abuts or has (a) the letters, access to a provincial highway,to the regional director of the re- Sion of the Ministry of Transportation and to the district en- (i) "CD"for a condominium conversion, gineer of the district of that Ministry in which the land is situated. (d) "SE"for a severance, 3. Except where municipally-owned and operated water and sani- tary sewer facilities are available to the land that is the subject " of the application,to a director appointed in respect of Part VIII 00 7 CO"for a co-operative conversion, of the Environmental Protection Act. (iv) "DE"for a demolition, 4. To the Director of the Plans Administration Branch of the Minis- try of Municipal Affairs having jurisdiction in the area In which (v) "RR"for a renovation or repair, the land that is the subject of the application is situated.if the Di- rector has advised the clerk in writing that the Director is to re- (vr7 "C[I"for a conversion to another use, ceive copies of applications. (vu) "RC"for a conversion from a non-care home rental use to a S. To any department,ministry or agency of the federal or provin- pre home,or cial government, any other municipality-and any other local board,commission or person that the council determines should (vili) "CR"for a conversion from a care home to a tan-care home receive notice. rental use, 20. (1)For all applications under the Act,the clerk of the munici- pality shall, within 10 business days after receipt of the application, (b) the last two digits of the year in which the application is re- give notice to the Co-ordinator of the Rental Housing Protection Pro- gram and m of the Minis of Housing b gra try g y providing a copy of the application and a request for written comments. (e) a number starting yvith "001" corresponding to the order'in _ which each application of each of the different kinds of applica- (2)The council of a municipality shall give a copy of its decision.the lions set out in clause(a)is received. written reasons for it.if any,and all relevant staff and committee reports 1216 0.Reg.524/94 THE ONTARIO GAZETTE/LA GAZETTE DE V ONTARIO in respect of an application to the Co-ordinator of the Rental Housing 307! Protection Prograrri of the Ministry of Housing within rive days after the Wes4 210 King Street West,214 King Street West,222-228 Kin; date of its decision. Y Street West and 9-11 College Street,23 College Street,25 Colleg, Street,27-29 College Street,31-35 College Street,121 Duke Stree (3)The council of a municipality shall give a copy of the minutes of Municipality of Young Waterloo tand described asrfollows: The Regions council in respect of an application to the Co-ordinator of the Rental Housing Protection Program of the Ministry of Housing within 30 days after the date of its decision. Composed of lots 1 and 2 and part of lots 3 and 4,west of Young a Street;lots 1 and 2 and part of lots 3 and 4,east of College Street;and 4 21. For the u ( ) g . purpose of subsection 4 4 of the Act,the following to A.C.Weber's Survey, Registered Plan 401 Sand designated as criteria are prescribed; Parts I to 23,inclusive,on Reference Plan S8R-6110. I. Sufficient beds. chairs, tables and other furniture suitable for 2. Every rental Property located on the parcel of land known muaici- temporary living needs are provided to the occupant by the land- ford. Pally as 80 Beverley Street in the City of Toronto in The Municipal- ity of Metropolitan Toronto,being part of Park Lot No.14 in the First C 2. A kitchen with appliances,dishes and cooking and eating uteri- lows: from the gay in the Township of York,described as fol- ails sufficient for the preparation and consumption of meals are provided to the occupant by the landlord. Commencing at a point in the westerly limit of Beverley Street(for- merly known as St.George's Terrace)where the same is intersected 3. Occupancy is.available on a day-today basis or with a maximum in February,1923 by the centre line of a double fence running west- of three days required occupancy. ward,the said point being distant 215 feet 8 inches measured south- erly along the said limit of Beverley Street from the southerly limit 4. Telephone calls can be made from the accommodation through of Grange Avenue(formerly called Charles Street)taken at a width a central switchboard or from a telephone provided by the land- of 60 feet measured southerly from the northerly limit thereof,the lord that is in service and located in the accommodation. said point of commencement being also distant 90 feet 5%inches northerly from the intersection of the said limit of Beverley Street 22. (1)Subject to subsection(2),the certificate of approval under with the northerly limit of Sullivan Street; subsection 13(6)of the Act shall be in Form 4. Thence westerly along the said centre line of fence,22 feet 9 inches, (2)In the case of a condominium conversion,the certificate may be more or less,to the northeasterly angle of the brick veneering on the in Form 5 and stamped or written on the plan. northerly wall of the old rough cast building standing at the date last- mentioned upon the lands immediately to the south of the lands here- 23. (1)Form 6 is prescribed as the warrant for purposes of sub by conveyed,being at a distance of 215 feet 10'/s inches measured tion 14(4)of the Act. on a course parallel to the said limit of Beverley Street from the said southerly limit of Grange Avenue. (2)Form 7 is prescribed as the warrant for purposes of subsection 14 (8)of the Act. Thence westerly along the said northerly face of a brick veneering 34 feet I'S inches to an angle in the same,being at a distance of 216 24. Regulation 1000 of the Revised Regulations of Ontario, of Beverley Street from the said southerly lipmi olf Grange A enue:mit 1990 Is revoked. Schedule 1 Thence northerly and parallel to the said limit of Beverley Street 3'/z inches to the northerly face of the brick veneering on the westerly A'ax Part of the said building; J Town North Bay City Barre City North York City Thence westerly along the northerly face of the last-mentioned brick Brantford City Oakville Town veneering 18 feet 61/2 inches to the westerly end of the same being City Oshawa City at a point distant 216 feet 2'/s inches measured southerly on a course Burlington City Ottawa City Cambridge City Y parallel to the said limit of Beverley Street from the said limit of IL Y Peterborough City Grange Avenue; Clarington Municipality Pickering Town East York Borough Richmond Hill Town Thence southerly and Etobicoke City Sarnia City inches to the Gne of a fence running said of Beverley Street Srh Gloucester City Sault Ste.Marie City Guelph City Scarborough City Thence westerly along the line of the last-mentioned fence 66 feet Hamilton City St.Catharines City 4 inches to a point in the southerly production of the easterly face of Kingston City Sudbury City the rough cast building standing at the date last-mentioned upon the Kitchener City Thunder Bay City southwesterly part of the lands hereby conveyed which London City Toronto . City Y point is dis- Markham Town y tant 217 feet 8 inches measured southerly on a course parallel to the Vaughan Town said limit of Beverley Street from the said southerly limit of Grange Mississauga City Waterloo City Avenue; NePean City Whitby Irk Niagara Falls City Windsor Ciitvn York Thence northerly and parallel to the said limit of Beverley Street,5 City inches to the southerly face of the southerly wall of the last-m ' Schedule 2 tioned building; 1. Every rental property located on the parcel of land known munici- Thence westerly along the last-mentioned face of wall 11 feet 3 in- pally as 10-12 Young Street and 166-174 King Street West.180-188 chest more shown less,to the point of intersection with the easterly limit King Street West. 194-198 King Street West,200-204 Kin Street sofa lane as shown on a plan registeredhi Numbers distant in the Regis- 8 try Office for the City of Toronto, which limit is distant 153 feet 1217 3080 THE ONTARIO GAZETTE/LA GAZETTE DE V ONTARIO O.Reg.524/94 westerly from the said limit of Beverley Street and parallel thereto Secondly: , which4mitttof iooetsectioais dts.=n7.feet3l.biches.measnred: . southerly on a course parallel to the said limit of Beverley Street, Those pans of lots 1,2,3 and 4 in Block 85;part of Lot 4 in Block from the said limit of Grange Avenue,and distant also 89 feet 1% 55;parts of lots 6,7 and 8 in Block 53,all of blocks 83 and 84;that inches treasured northerly on the same course from the said norther- pan of Front Street lying between the southwesterly limit of Navy ly limit of Sullivan Street; Street and the northwesterly production of the southeasterly limit of Block 85;pan of Water Street; an un-named street lying between Thence northerly along the said limit of a lane 40 feet; said blocks 55 and 85 the un-named streets east of said blocks 84 a and 85, and a strip of undesignated land lying southeast of said Thence easterly 153 feet to the point of intersection with the wester- blocks 83 and 84 all according to Registered Plan Number I(Town ly limit of Beverley Street; of Oakville)filed in the Land Registry Office for the Registry Divi- sion of Halton and designated as Part 2 on Plan HR-19 registered in Thence southerly along the said limit of Beverley Street 40 feet to the Land Registry Office for the Land Titles Division of Halton. the point of commencement. Together with a right of way over,along and upon the• Schedule 3 most southerly ' 4 feet of the most easterly 100 feet of the lands lying immediately 1. The rental unit known municipally as Unit 102.9 Deer Park Crescent adjacent to and to the north of the-lands herein described. in the City of Toronto in The Municipality of Metropolitan Toronto, And subject to a right of way over,along and upon the most northerly which property is composed of Lot A,lots 41 and 42 and parts of lots 3 feet of the most easterly 100 feet of the lands herein described. 43 and 34 according to Registered Plan 365 York,described as fol- lows: 3. Every rental property located on the land in the City of Ottawa in The Commencing at a point in the northerly limit of Lot 34 aforesaid dis• Regional Municipality of Ottawa-Carleton shown as Parcel I-1. cant 25 feet 6 inches measured westerly therealong from the north- Section.533,in the Land Registry Office for the Land Tides Division east angle of said Lot 34; of Ottawa-Carleton(No.4)and being composed of parts l to 9 on a plan deposited in the said Land Registry Office as Instrument No. 4R-5598. Thence westerly along the northerly limits of lots 34,A and 41 being also along the southerly limit of Delise Avenue in all 339 feet 7 in- 4. Every rental property located on the land known municipally as 7-9 ches to the northwest angle of Lot 41 aforesaid; Broadway Avenue in the City of Toronto in The Municipality of Metropolitan Toronto being composed of pan of Block A according Thence southerly along the westerly limits of lots 41,42 and pan of to a plan filed in the Registry Office for the City of Toronto as No. Lot 43 aforesaid and being along the easterly limit of Deer Park 806 which parcel is more particularly described in Instrument Crescent a chord distance of 214 feet 2%inches to the intersection Number CT 462768 registered in the Land Registry Office for the with a line drawn parallel to the northerly limit of St.Clair Avenue Registry Division of Toronto(No.63). West as widened by By-law Number 5761 and distant 115 feet 7 in- ches measured northerly therefrom: 5. Every rental property located on the land known municipally as 4, 6A and 8 Navy Street and 108,110 and 114 King Street in the Town Thence easterly along the aforesaid parallel line 195 feet 9%inches of Oakville in The Regional Municipality of Halton being composed more or less to a point in the easterly limit of Lot 43 aforesaid; of Parcels 1-1-53 and 6-2-53 in section H-1 registered in the Land Registry Office for the Land Titles Division of Halton and more par- ' titularly described as follows: Thence northerly along the said easterly limit of Lot 43 aforesaid 42 feet 2%inches to the northeast angle of said Lot 43; Firstly: Thence easterly along the southerly limit ofLot A and Lot 34 afore- Lou 1.2.3.4.5 and parts of lots 6,7 and 8,all in Block 53;Lot 3 said 106 feet 5V4 inches,more or less,to a point therein distant 25 and parts of lots 2 and 4,all in Block 55;part of Water Street;and that feet 6 inches measured westerly therealong from the southeast angle part of Oakville Harbour lying between the southwesterly limit of of said Lot 34; Block 55 and the southwesterly limit of the existing concrete retain- ing wall according to registered Plan Number 1,filed in the Land Thence northerly to and thence along the centre fine of the.pany wall Registry Office for the Registry Division of Halton.and designated of the brick dwellings erected on the herein described parcel and that as Part 1 on Plan HR-19 registered in the Land Registry Office for to the east thereof and continuing northerly in all 166 feet 8 Va inches the Land Titles Division of Halton. to the place of beginning. 1218 0.Reg.524/94 THE ONTARIO GAZETTE/LA GAZETTE DE L'ONTARIO 3081 L Form I Rental Housing Protection Act NOTICE OF AN APPLICATION TRUE NOnCE that application has been made under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (subsection, _ clause.etc.) of the Rental Housing Protection Act to the council of the . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for approval to (name of municipal corporation) (demolish;convert to a condominium,co-operative,apartment hotel,use other than rental use;renovate,obtain consent,etc.) the following property: Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k- Name of Stre-A . . . . . . . . . . Street No. . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unit(s)No. . . . . . . . . . . . . Nameof Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated at . . . . . . . . . . . . . . . . . . this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . 19 . . . (signature of owner,solicitor or authorized agent) AL Form 2 Rental Housing Protection Act NOTICE OF MEETING TO CONSIDER AN APPLICATION t TAxENan=that council of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of municipal corporation) will hold a public meeting to consider the application of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .( . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . name of applicant) for approval to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (demolish;convert to a condominium,co-operative, apartment hotel.use other than rental use; renovate;obtain consent.etc.) the following property: 1219 3082 THE ONTARIO GAZETTE/LA GAZETTE DE L'ONTARIO O.Reg.524/94 Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nameof Street . . . . . . . . . . Street No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unit(s)No. . . . . . . . . . . Onthe . . . . . . . . day of . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . o'clock . . . . . . . . (a.m.,p.m.) at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . (street address) , in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (floor,room number) AND TAKE NOTICE that the application and the report prepared under section 11 of the said Act(if any)will be available for inspection at the office of the clerk of the said municipality until normal closing time of the municipal offices on the day of the meeting. AND TAIM NOTICE that anyone attending the meeting may make comments with respect to the application. AND TAKE NOTICE that if you do not attend the meeting,the council may proceed in your absence and you will-not be entitled to any further notice in the proceedings. AND TAKE NOTICE that any person who wishes to receive notice of council's decision should advise the clerk in writing. Datedthe . . . . . . . day of . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of the Municipal Corporation Form 3 Rental Housing Protection Act NOTICE OF MEETING TO CONSIDER AN APPLICATION TAKE NOTICE that there will be a public meeting to consider an application for . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . , . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . concerning the following property: P e rty: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Municipal Address) onthe. . . . . . . . day of . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (street address,floor and room) 1220 •• O.Reg.524/94 THE ONTARIO GAZE 17E/LA GAZETTE DE L'ONTARIO Further information 1s available at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . during normal business hours. Dated the day of . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • - • • • . • • • • • • • • • • • • • • • • • • • • Name of the Municipal Corporation Form 4 Rental Housing Protection Act CERTIFICATE OF APPROVAL Under section 13 of the Rental Housing Protection Act,the time for an appeal of council's decision having passed or any such appeal having been disposed of,whichever is later,and any condition imposed by council having been fulfilled, . I certify that the consent of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (municipal corporation) day of . 19 . . . . . . . . . . . . . . to a SL was given on the . . . . . . . . • • • • • • • • • • • • • • • " ' (enter demolition,renovations,conversion to condominium,etc.) of the following land (set out full description,unit numbers,etc.) . . . . . k" . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .Clerk . . . . . . Name of the Municipal Corporation . this . . . . . . . . . . . . . . . . . . Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . 19 . . . SEAL Form S Rend Housing Protection Act CERTIFICATE OF APPROVAL e Rental Housin Protection Act,i.certify that the consent of Under section 13 of the 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(municipal corporal ion).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 . . . . . . . . . . . . . . . . . . tote IL was given on the . . . . . . . day of . . . . . . . . . . _ conversion to condominium use of the lands described on these plans. 1221 3084 THE ONTARIO GAZETTE/LA GAZETTE DE V ONTARIO O.Reg.524/94 . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... . . . . . . . . . . . . . . . . . . . Name of the Municipal Corporation Dated at . . . . . . . . . . . . . . . . . .this . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . 19 . . . Form 6 Rental Housing Protection Act WARRANT UNDER SUBSECTION 14(4) r` TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector and to all the police officers in Ontario WHERE►s it appears upon evidence on the oath of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wren before me,I am satisfied that it is reasonably necessary to enter the rental property at . . . ... . . . . . . . . . . . . . . . . . . . inthe. . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the Province of Ontario to make an inspection for the purposes of the Rental Housing Protection Act,and that the entry and inspection of the rental property is authorized under subsection 14(2)of the Rental Housing Protection Act; AND WHEREAS, (a) an inspector has been denied access to the rental property;or a (b) I am satisfied that there are reasonable grounds for believing that access would be refused. TMsis therefore to authorize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector,together with the assistance of a police officer or officers as may be called upon,to enter and have access to,through and over the said rental property,by the use of force,if necessary,to make an inspection and/or to remove from the rental property, upon giving a receipt therefor,any document or thing found during the course of the inspection,that will be relevant thereto,for the purpose of making copies or extracts and shall promptly thereafter return them to the rental property from which they were removed. TMs WARRANT shall be executed between the hours of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r a.m.and . . . . . . . . .p.m. TMS WARRANT expires on the . . . . day of . . . . ..., 19 . . a day not later than the fifteenth day after its issue. DATED AT . . . . . . . . . . . . . . this . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . Justice of the Peace 1222 s` O.Reg.524/94 THE ONTARIO GAZETTE/LA GAZETTE DE I:ONTARIO 3085 • Form 7 Rental Rousing Protection Act WARRANT UNDER SUBSECTION 14(8) TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Inspector and to all the police officers in Ontario WKEREASit appears upon evidence on the oath of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . taken before me,1 am satisfied that there are reasonable and probable grounds for believing that an offence has been committed under the Rental Rousing Protection Art; AND WHEREAS I am satisfied that there are reasonable and probable grounds for believing that the following documents,things or other evidence: which may be found at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (building,receptacle or place)in the . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the Province of Ontario,will afford evidence as to the commission of the offence of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . contraryto section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the Rental Housing Protection Act. THIS is therefore to authorize . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector,together with the assistance of a police officer or officers as may be called upon,to enter and search the building, receptacle or place,by the use of force, if necessary,and/or to remove from the building,receptacle or place,upon giving a receipt therefor,the above described documents,things or evidence for the purpose of snaking copies or extracts,and shall promptly return :rem to the building,receptacle or place from which they were removed. THis WARRANT shall be executed between the hours of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a.m.and . . . . . . . . . . . p.m. THIS WARRANT expires on the . . . . day of . . . . , 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . , a day not later than the fifteenth day after its issue. Issued at . . . . . . . . . . . . . . .. this . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 19 . . . . . . .Justice of the Peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IL 34194 1223 ' r 3086 0.Reg.525/94 THE ONTARIO GAZETTE/LA GAZETTE DE L'ONTARIO 0.Reg.526/94 ONTARIO REGULATION S25/94 RtGLEMENTDE VONTARIO-52994.• ' made under.the:it-• - • pris en application de la RENT CONTROL ACT,1992 LOI DE 1992 SUR LE CONTRUE DES LOYERS Made: July 20,1993 pris le 20 juillet 1994 Filed: August 3,1994 ddposd le 3 aotit 1994 Amending O.Reg.416192 modifiant le Rtgl.de 1'Ont.416192 (Table(Subsection 12(1)of the Act)) (Bartme(paragrahe 12(1)de la Loi)) Note: Ontario Regulation 416/92 has not been amended in 1994. For Remarque: Le Rtglement de!'Ontario 416192 n'a pas did modifid en prior amendments,see the Table of Regulations in the Statutes 1994.Pour Its modifications antdrieures,voir la Table of Ontario,1993. des rtglements qui figure dans les Lois de I'Ontario de 1993. 1. Ontario Regulation 416/92 is amended by adding the follow- 1. Le Rtglement de l'Ontario 416/92 est modiflf par ad jonc- ing Table: don du bartme suivant: r TABLE 4 BAR$ME 4 Table for•1995 Bartme pour 1'annde 1995 ' COLUMN 1 Column 2 COLUMN 3 COLONNE 1 Colonne 2 Colonne 3 Three-ycar Catdgorie de frais Moyenne mobile Operating Cost Category Moving Average Weight d'exploitadon de trois ans Pond&adon Insurance I 2.62% 4.82% Assurance 2.62% I 4,82% Heating 3.29% 16.03% Chauffage 3.29% 16,03% I Hydro 2.70% ( 9.2090 Electricitd 2.70% 9 20 ro Water 3.86% ( 4.0390 Eau I 3.86-7c 1 4.03% Municipal Taxes 2.00% 32.66% Imp6ts municipaux 2,00% 32,66% Administration 1.15% 16.80% Administration 1,155'1 1 16.80% Maintenance I -1.66% 14.19% Entreticn 1,66% , 14,19% ,Miscellaneous 1.15% 2.27% Frais divers ( 1,1590 227% t 3;194 ONTARIO REGULATION 526194 REGLEMENT DE L'ONTARIO 526194 made under the pris en application de la TRADES QUALIFICATION AND APPRENTICESHIP ACT LOI SUR LA QUALIFICATION PROFESSIONNELLE ET L'APPREINTISSAGE DES GEMS DE M TIER • Made: July 20.1994 pris le 20 juillet 1994. Filed: August;,1994 ddposd le 4 aout 1994 Revoking Reg. 1050 of R.R.O. 1990 abrogeant le Rtgl. 1050 des R.R.O.de 1990 (Dry Cleaner) (Nettoyeur A sec) 1. Regulation 1050 of the Revised Regulations of Ontario,1990 1. Le Riglement 1050 des Riglements refondus de!'Ontario de and Ontario Regulation 229/93 are revoked. 1900 et le Riglement de!'Ontario 229193 sons abrogfs. 2. Despite section 1,Regulation 1050 of the Revised Regulations 2. Malgr6 Particle 1,le,Rigleinent 1050 des Rtgiements refon- of Ontario,1990 continues to apply until December 31,1995 to a dus de!'Ontario de 1990 continue de s'appliquer jusqu'au 31 di. person who is under contract of apprenticeship in the trade of dry cembre 1995 aux personnes libes par un contmt d'apprentissage du cleaner Immediately before this Regulation comes into force. mitier de nettoyeur&sec immidiatement avant•I'entrde en vigueur du prfsent rtglemenL 34/94 1224 COUNCIL INFORMATION 11th Floor, 777 Bay Street I-26 Ministry of Ministbre des Toronto ON M5G 2E5 Municipal Aff aires Affairs municipales Tel: (416) 585-7270 Ontario Fax: (416) 585-7638 December 21, 1994 To the Municipal Clerk: The Government's open local government and planning reform legislation -- Bill 163 -- received Royal Assent on December 8, 1994. It represents important changes to the way that councils, local boards and their members conduct their business and themselves. The Bill will become law in stages. The open meetings and disposal of real property provisions as well as the Ontario Planning and Development Act take effect on January 1, 1995. Portions of Bill 163, setting out the changes to open meeting and disposal of real property legislation along with property disposal regulations are attached. The Planning Act amendments, policy statements and related regulations are scheduled to come into force March 1, 1995. The new Local Government Disclosure of Interest Act, including the disclosure of financial information requirements, will be proclaimed April 15, 1995. Attached is a chart showing key dates. If circumstances change, proclamation could occur sooner. I would ask that you bring this information to the attention of your council members and all of your local boards that are affected by these changes, such as utility commissions, library boards, police village trustees, etc. Thank you for your attention to-this matter. Sincerely f:r � �,,• L-` a .:�N ... ................... �U r Doug Barnes Director Local Government Policy Branch - Attachments t t t t t t Open Des administrations t Local locales Government accessibles t t t Ministry d Ministbre des ® Municipal ® Affairs muni municip ipales (]r(af10 OnSaflO t t E t t t t t t PROCLAMATION SCHEDULE FOR BILL 163 January 1, 1995 Open Meetings Provisions - Proclaimed. ► apply to all municipalities and local boards except police services boards, library boards and school boards ► all bodies covered by this provision must have a procedure by-law regulating the conduct of meetings in place within 120 days Real Property Disposal Provisions - Proclaimed. ► apply to all municipal councils and local boards, except school boards ► must have a procedure by-law regulating the disposing of municipal real property Ontario Planning and Development Act - Proclaimed. March 1, 1995 Planning Act amendments - Proclaimed. ► includes comprehensive policy statements and regulations April 15, 1995 Local Government Disclosure of Interest Act - Proclaimed. ► all provisions, except disclosure of financial information, apply to all municipal councils and local boards ► members of a council, school board, public utility commission and police village required to file a financial information statement,.within sixty days IL May 1, 1995 ► Procedure by-laws required by this date June 14, 1995 ► deadline for filing of Disclosure of Financial Information * Dates are proposed and subject to change. December 15, 1994 CALENDRIER DE PROCLAMATION POUR LE PROJET DE LOI 163 Le 1"janvier 1995 Proclamation des dispositions portant sur 11ouverture des r6unions ► Ces dispositions sont applicables i toutes les municipalit6s et conseils locaux, A 11exception des commissions de police, des conseils des biblioth6ques et des conseils scolaires. r ► Les organismes r6gis par ces dispositions doivent mettre en place, dans un d61ai de 120 jours, un ftlement de proc6dure qui prescrit la conduite des r&nions. Proclamation des dispositions portant sur PaNnation des biens immeubles ► Ces dispositions sont applicables A tous les conseils municipaux et conseils locaux, sauf les conseils scolaires. ► Il faut un r8glement de proc6dure portant sur Palidnation des biens immeubles municipaux. Proclamation de la Loi sur la plan cation et Pam6nagement du territoire de ('Ontario Le 1" mars 1995* Proclamation des modifications b la Loi sur Paminagement du ter itoire N ► Cette op6ration comporte 1'6tablissement d'6noncds de politique et r6glements de port& g6n6rale. Le 15 avril 1995* Proclamation a anon de la Lot sur la dtvulgatton des tnt6rits des membres des administrations locales ► Toutes les dispositions, sauf celle de la prdsentation des renseignements financiers, sont r applicables d tous les conseils municipaux et conseils locaux. ► Les membres des conseils, conseils scolaires, conseils des services publics et villages partiellement autonomes sont tenus de d6poser, dans un d61ai de 60 jours, une d6claration de renseignements financiers. Le 1" mai 1995 ► Il faut que des r6glements de proc6dure aient 6t6 adopt6s d'ici cette date. Le 14 juin 1995* ► C'est la date limite pour la pr6sentation des renseignements financiers. *11 s'agit de dates recommand6es, qui peuvent changer. Le 15 d6cembre 1994 3RD SESSION,35ni LEGISLATURE,ONTARIO 3c SESSION,35°LE=GISLATURE,ONTARIO 43 ELIZABETH 11, 1994 43 ELIZABETH ll, 1994 Part of Extraits du Bill 163 Projet de loi 163 (Chapter 23 (Chapitre 23 Statutes of Ontario, 1994) Lois de 1'Ontario de 1994) An Act to revise the Ontario Loi revisant la Loi sur la Planning and Development Act and planification et 1'amenagement du the Municipal Conflict-10 Interest territoire de l'Ontario, la Loi sur.les Act, to amend the Planning Act and conflits d'interets municipaux, et the Municipal Act and to amend modifiant la Loi sur 1'amenagement other statutes related to planning du territoire et la Loi sur les and municipal matters municipalites et modifiant d'autres lois touchant des questions relatives a I'amenagement et aux municipalites The Hon. E. Philip L'honorable E. Philip Minister of Municipal Affairs ,Ministre des Affaires municipales Government Bill Projet de loi du gouvernemenl Ist Reading May 19. 1991 Irt lecture 18 mai 1994 2nd Readino June 21, 1994 21 lecture 21 juin 1994 3rd Reading Igo J, 28,199 4 Y lecture Z8 nov,—br,- 193't Royal Assent t)ez.. $ lyy9 Sanction royale g ctecee bee I914 The following ections of ' g Les articles su><vante de pro�et Bill 163 take effect de loi 163 entrent en vigueur January 1, 1995. le ler janvier 1995. Bill 163, Part III PLANNING AND MUNICIPAL STATUTE LAW a Open Meetings L'Obligation de Tenir des Reunions Publiques PART IV PARTIE IV MUNICIPAL ACT LOI SUR LES MUNICIPALITES 51. Section 55 of the Municipal Act is re- S/. I;article 55 de la Loi sur lee municipals- pealed and the following substituted: tis est abroge et remplace par ce qui suit Open meet- 55. (1)In this section, 55. (1) Les definitions qui suivent s'appli_ Reunions pu- ing' quent au present article. bliques "committee" means any advisory or other «comit6» Comite ou sous-comit6 consultatif committee, subcommittee or similar entity ou autre, ou une entit6 similaire, compose de composed of members of one or more coon- membrrs d'un ou de plusieurs conseils ou cils or local boards;("comite") conseils locaux.(«committee,,) "local board" means a local board as defined -conseil locaN Conseil local au sens de la Loi in the Municipal Affairs Act, except munici- sur les affaires municipales, a 1'exception pal police services boards; library boards des commissions municipales de services and school boards;("conseit local") policiers, des conseils de bibliotheques et "meeting" means any regular, special, commit- des conseils scolaires.(«local board*) tee or other meeting of a council or local «reunion» Reunion ordinaire, extraordinaire ou board.("r6union") autre d'un conseil ou d'un conseil local, y compris une r6union de comit6.(«meeting*). By-law (2) Every council and local board shall (2) Chaque conseil et chaque conseil local Rtgtement adopt a procedure by-law for governing the adoptent un rbglement municipal r6gissant la municipal calling,place and proceedings of meetings. convocation, le lieu et le d6roulement des re- unions. Open to (3) Except as provided in this section, all (3) Sauf disposition contraire du present ar- Reunions pu- public meetings shall be open to the public. ticle,les r6unions sont ouvertes au public. bliques Improper (4) The head or other presiding officer may (4) Le president du conseil ou I'autre per- Inconduite conduct expel any person for improper conduct at a sonne qui pr6side une r6union.peut en expulser meeting. quiconque s'y rend coupable d'inconduite. Closed meet- ings A meeting or part of a meeting may be (5) Une reunion-ou une partie de celle-ci Reunions ings closed to the public if the subject matter being peut se tenir a huis clos si Tune des questions huisclos considered is, suivantes doit y Etre 6tudi6e (a) the security of the property of the mu- a) la security des biens de la municipalit6 nicipality or local board; ou du conseil local; (b) personal matters about an identifiable b) des renseignements privys concernant individual, including municipal or local une personne qui peut Etre identifi6e, y board employees; compris one personne qu'emploie la municipalit6 ou le conseil local; (c) a proposed or pending acquisition of c) I'acquisition projet6e ou en cours d'un land for municipal or local board pur- bien-fonds a des fins municipales ou du poses; conseil local; (d) labour relations or employee negoti- d) les relations de travail ou les negocia- ations; tions avec les employes; (e) litigation or potential litigation, includ- e) les litiges actuels ou eventuels, y com- ing matters before administrative tribu- pris les questions devant les tribunaux nals, affecting the municipality or local administratifs, ayant une incidence sur board; la municipalit6 ou le conseil local; (f) the receiving of advice that is subject to f) les conseils qui sons proteges par le se- solicitor-client privilege, including corn- cret professionnel de l'avocat, y compris munications necessary for that purpose-, les communications nccessaires A cette tin: r AMENAGENIENT DU TERRIT-OIRIi ET MUNICIPALITES Partie IV, Pr(jet 163 MUNICIPAL ACT LOI SUR LES MUNICIPAIJTES (g) a matter in respect of which a council, g) une question a I'egard de laquelle un board, committee or other body has conseil, une commission, un comite ou authorized a meeting to be closed under autre organisme a autorise la tenue another Act. dune reunion a huis clos en vertu dune autre loi. Other criteria (6) A meeting shall be closed to the public (6) Une reunion se tient a huis clos si la Autrescrite- if the subject matter relates to the consider- question qui dolt y etre etudiee se rapporte a `eC ation of a request under the Municipal Free- une demande presentee en vertu de la Loi sur dom of lnfornwtion and Protection of Privacy faeces 3 1'information municipale et la protec- Act if the council, board, commission or other lion de la vie privee si le conseil, la commis- body is designated as head of the institution for Sion, la regie ou I'autre organisme est designs the purposes of that Act. comme responsable de l'institution coneernee pour l'application de cette loi. Resolution (7) Before holding a meeting or part of a (7) Avant de tenir a huis clos une reunion Resolution meeting that is to be closed to the public, a ou une partie de reunion, le conseil ou le council or local board shall state by resolution, conseil local declare,par resolution (a) the fact of the holding of the closed a) la tenue a huis clos de la reunion; meeting;and (b) the general nature of the matter to be b) la nature generale de la question qui doit considered at the closed meeting. etre etudiee lots de la reunion A huis clos. Open meet- (8) Subject to subsection_(9), a meeting (8) Sous reserve du paragraphe (9), la re- Reunion pu- '"8 shall not be closed to the public during the union ne doit pas se tenir A huis clos au mo- btique taking of a vote. ment du vote. Exception (9) Despite subsection 61 (2), a meeting (9) Malgre le paragraphe 61 (2), la reunion Exception may be closed to the public during a vote if, peut se tenir A huis clos pendant le vote si (a) subsection (5) or (6) permits or requires a) dune part, le paragraphe (5) ou (6) le a meeting to be closed to the public;and permet ou l'exige; (b) the vote is for a procedural matter or for b) d'autre part, le vote pone sur une ques- giving directions or instructions to of- tion de procedure ou vise A donner des ficers, employees or agents of the mu- directives ou des instructions aux nicipality or local board or persons re- agents, employes ou mandataires de la tained by or under contract with the mu- municipal'ite ou du conseil local ou aux nicipality or local board. -! personnes que la municipalite ou le conseil local ont engagees ou avec qui ils ont conclu un contrat. -! 92. Subsection 56(2)of the Act is repealed. 5Z• Le paragraphs 56(2) de la Lei est abro- ge. 53. Sections 57 and 58 of the Act are re- 53• Les articles 57 et 58 de la Loi sent abro- pealed and the following substituted: ges et remplaccs par ce qui suit Head to pre- 57. The head of the council shall preside at 57. Le president du conseil preside les re- President side all meetings of the council. unions du conseil. Special meet- 58. (1) Subject to the procedure by-law en- 58. (1) Sous reserve du reglement municipal Reunion ex- '"g acted under subsection 55(2), the head of the adopts en vertu du paragraphe 55 (2), le presi- traordinaire council may at any time summon a special dent du conseil peut a tout moment convoquer meeting, and upon receipt of the petition of the une reunion extrtordinaire. Le secretaire qui majority of the members of the council, the regoit une petition de la majority des membres clerk shall summon a special meeting for the du conseil convoque une reunion extraordinai- purpose and at the time and place mentioned in re aux fins que precise la petition et au lieu et the petition. a 1'heure qu'elle indique. Location (2) If there is no by-law or petition fixing (2) En 1'absence d'un reglement municipal Lieu the place of a special meeting, that meeting ou d'une petition fixant le lieu ou doit se tenir shall be held at the place v.,here the last regular une reunion exnaordinaire, Celle-ci se deroule meeting was held. au meme endroit que la derniere reunion ordi- naire. z Bill 163, Part IV PLANNING AND MUNICIPAL STATUTE LAW MUNICIPAL ACT LOI SUR LES MUNICIPAIJTES S4 Section 102 of the Act is repealed and 54. L'article 102 de la Loi est abroge et rem- the following substituted: place par ce qui suit General 102. Every council may pass such by-laws 102. Dans la mesure ou ils ne sont pas Pouvoirgenc- and make such regulations for the health, contraires a la loi, chaque conseil peut adopter `at safety, morality and welfare of the inhabitants les reglements municipaux et prendre les re- of the municipality in matters not specifically glements qu'il estime opportuns, Sur la santd, provided for by this Act and for governing the la s6curit6, la moralit6 et le bien-etre des habi- conduct of its members as may be deemed tants de la municipality en ce qui a trait aux expedient and are not contrary to law. questions qui ne sont pas express6ment pr6- vues par la presence loi et Sur conduite des membres du conseil Property Disposal La Vente de Certain Biens 55. Section 193 of the Act is repealed and 5'5 Varticle 193 de la Loi est abroge et rem- the following substituted: plac6 par ce qui suit Surplus real 193. (I)In this section, property,de- . 193. (1) Les d6fnitions qui suivent s'appli- 13 lens immeu- Gnh bles en trop. ions yuent au present article. difinitions "local board" means a local board as defined «conseil local» Conseil local au sens de la Loi in the Municipal Affairs Act, but does not sur les affaires municipales, a 1'exclusion include a school board as defined in section d'un conseil scolaire au Sens de I'arti- 2 10.1;("conseil local") cle 210.1.(Klocal board)>) "sale" includes a lease of 21 years or longer. «vente» S'entend en outre d'une location a bail ("vente") pour une dur6e de 21 ans ou plus.(«sale») By-laws es- (2) Subject to subsection (3), every council (2) Sous r6serve du paragraphe (3), chaque R6glement t blishing and local board with authority to sell or other- conseil et conseil local ayant le pouvoir de municipal rc- racedures latif 312 ven- wise dispose of real property shall by by-law vendre ou d'ali6ner autrement des biens im- tedebiens establish procedures, including the giving of meubles adopte, par reglement municipal, des notice to the public, governing the sale of real procedures r6gissant la vente de tels biens, y property. compris les avis donn6s au public. Contents (3) A procedure by-law passed under sub- (3) Le reglement municipal adoptd en vertu Contenu section(2)may, du paragraphe (2)peut: (a) establish different procedures for differ- a) 6tablir diff6rentes procedures pour diff6- ent classes of real property;and rentes catdgories de biens immeubles; (b) incorporate a procedure for the sale of' b) pr6voir une proc6dure distincte pour la real property of a council or local board vente de biens immeubles d'un conseil required by this or any other Act. ou d'un conseil local exig6e par la pr6- sente loi ou une autre loi. Conditions (4) Before selling any real property, every (4) Avant de vendre un bien immeuble, le Conditions council and local board shall, conseil ou le conseil local (a) by by-law or resolution passed at a a) declare, par voie de reglement munici- meeting open to the public declare the pal ou par voie de resolution adopt6s real property to be surplus; lors d'une reunion publique, que le bien immeuble repr6sente un excddent d'ac- tif; (b) obtain at least one appraisal of the fair b) obtient au moins une evaluation de la market value of the real property;and juste valeur marchande du bien immeu- ble; (c) give notice to the public of the proposed c) donne avis au public de la vente envisa- sale. gee. ara(:::,(a ., r .' tt r;t:ittm;r .n r:it u•v rtt>, I'mile IV, Pr()jet 103 111 AVOIA1.AC7 U)I SUR LkS A111MORAL1TES No review (5) The manner in which the council or (5) A condition qu'elle soit conforme au re- Pas de revi- Ilocal board carries out the sale of its property, glement municipal stir les procedures regissant 'ion if consistent with the procedures by-law and la vente et au present article, la maniere dont so this section, is not open to question or review le Conseil ou le Conseil local agissant de bonne by any court if the council may lawfully sell foi vend le bien qu'iI peut legalement vendrel the property. the purchaser may lawfully buy it et que I'acheteur peut legalement acheter ne and the council acted in rood faith. peut etre remise en question par un tribunal. Regulations (6) The Minister may make regulations. (6) Le ministre peut,par reglement RLglements (a) prescribing classes of' real property for a) prescrire les catdgorics de biens immeu- which an appraisal under clause (4)(b) bles pour lesquelles Nvaluation visee 3 or a listine in the public register under I'alinda (4) b) ou l'inscription au regis- subsection(7)is not required: tre public vise au paragraphe (7) n'cst pas ndcessaire: (b) prescribing public bodies or classes of b) prescrire les organismes publics ou les them for which an appraisal is not re- categories de ceux-ci pour lesquels une quired for a sale of real property under evaluation nest pas ndcessaire avant la this section. vente d'un bicn immcuble en vertu du present article. Register (7) Every council and local board shall es- (7) Chaque Conseil et chaque conseil local Registee tablish and maintain a public register listing etablit et tient a jour un registre public ou sont and describing the real property owned or inscrits et decrits les biens immeubles dont la leased by the municipality or local board. municipality ou le conseil local est le proprie- taire ou qu'il loue a bail. sh Non-applica- (8) Subsections(4), (6) and (7)do not apply (8) Les paragraphes (4), (6) et (7) ne s'ap- Non-applica- tion to a sale or other disposition of land under pliquent pas a la vente ou a une autre aliena- Lion subsection 210.1(2). tion d'un bien-fonds en vertu du paragraphe 210.1 (2). Certificate (9) The clerk of a municipality or the secre- (9) Le secretaire de la municipalite ou du Certificat tary of a local board may issue a certificate conseil local peut delivrer un certificat relatif i with respect to a sale of real property by the la vente d'un bien immeuble que fait la muni- municipality or local board verifying that to cipali(d ou le conseil local et attestant qu'au the best of his or her knowledge and belief, mieux de sa connaissance : (a) a procedural by-law required under sub- a) le reglement municipal exig6 au para- section (2) was in force in the munici- graphe (2) 6tait en vigueur dans la mu- pality or local board at the time the res- nicipalite ou le conseil local lors de olution required by this section was I'adoption de la resolution exigee par le passed; present article; (b) the measures required for giving notice b) les meaures exigdcs par le reglement to the public required by the procedural municipal concernant les avis au public by-law have been carried out;and ont ete respectdes; (c) the appraisal required by this section c) I'd-valuation exigde au prdscnt article a was obtained or, dte obtenue sauf si (i) the property is of a prescribed class (i) le bien immcuble fait panic d'une that does not require an appraisal, categoric prescrite pour laquelle 1'evaluaiion nest pas ndcessaire, (ii) the sale is to a prescribed public (ii) la vente est faite a un organisine hods, or public prescrit, (iii) the > le is under section 210.1. (iii) la vente est faire en vertu de I'arti- cic 210.1. Effect (10) A certificate under subsection (9) shall (10) Le certificat visd au paragraphe (9) est Consdquen- be included in a deed or transfer of land and, joint a Paste ou a la cession de bien-fonds e( ces unless a person to whom the real property is est reputd constituer une preuve suffisante de sold has notice to the contrary, shall be decried I'obsenation du present article, a moins que la to be sufficient proof that this section has bcen personnc a qui le hies inttncuble cst vendu Bait complied with que le present article n'a pas dte observe. Bill 163, Part IV PLANNING AND MUNICIPAL STATUTE LAW MUNICIPAL ACT LOI SUR LES MUNICIPAUTES Transition (1) Every council or local board to whom 59. (1) Chaque conseil ou conseil local au- Disposition section 55 of the Municipal Act applies shall quel s'applique ('article 55 de la Loi sur les transitoire adopt the procedure by-law described in sub- municipalitcs adopte le reglement municipal section 55(2) of that Act within 120 days after vise au paragraphe 55 (2) de cette loi darts les section 55, as re-enacted by this Act, comes 120 jours qui suivent Pentrie en vigueur de into force. Particle 55, tel qu'il est adopti de nouveau en vertu de la prisente loi. Same (2) If an agreement was entered into for the (2) Si une entente a iti conclue en vue de la Idem sale of land under section 193 of the Municipal vente dun bien-fonds aux termer de Particle Act before the coming into force of section SS 193 de la Loi sur les municipalitcs avant Pen- of this Act,the sale may be continued and dealt tree en vigueur de Iarticle.SS de la prisente with under section 193 of that Act as it read loi, la vente peut etre poursuivie et menie a before it was re-enacted by section SS of this bien aux termes de Particle 193 de cette loi Act. telle qu'elle existait avant qu'elle soit adoptie de nouveau en vertu de Particle SS de la pri- sente loi. Complementary Amendments Autres Modifications DEVELOPMENT CHARGES ACT LOI SUR LES REDEVANCES D'EXPLOITATION i •i- 4A The definition of "board" in subsection 44.La definition de «conseil»au paragraphe 29 (1) of the Development Charges Act is 29(1)de la Loi sur les redevances d'exploitation r amended by striking out"section 70"in clause est modifiee par substitution, a «('article 70» a (a)and substituting"section 68". 1& Palinia a),de«('article 68». -� MUNICIPALITY OF METROPOLITAN LOI SUR LA MUNICIPALITE DE LA TORONTO ACT COMMUNAUTE URBAINE DE TORONTO 77• Subsection 7(1) of the Municipality of 77. Le paragraphe 7 (1) de la Loi sur la Metropolitan Toronto Act is amended by munieipalitc de la communauti urbaine de To- striking out "on such date and at such time ronto est modifi6 par suppression de «Le and place as may be fixed by by-law of the conseil de la communaute urbaine fixe par Metropolitan Council"at the end. reglement municipal la date, Pheure et le lieu de la riunion.». 78. Section 8 of the Act is repealed and the 78 L'article 8 de la Loi est abrogi et rem- following substituted: place par ce.qui suit: Meetings 8. Subject to section 7, all meetings of 8. Sous reserve de I'article 7, le conseil de Reunions the Metropolitan Council shall be held with- la communauti urbaine tient ses r6unions in the Metropolitan Area. dans 1'agglomeration urbaine. 79. Section 14 of the Act is repealed and 79.L'article 14 de la Loi est abrogi et rem- the following substituted: placi par ce qui suit Conduct of 14. The Metropolitan Council may pass 14. Le conseil de la communaute urbaine Conduite members by-laws governing the conduct of its peut adopter des reglements municipaux re- des mem- members. gissant la conduite de ses membres. bres 80. Subsection 270(1) of the Act is 80• Le paragraphe 270 (1) de la Loi est amended by inserting after "12" in the modifii par insertion, apres 4(12» i la cin- fourth line"23". quieme ligne,de 4(23». AMENAGEMI:NT 1)U TERHITOIRIi Iii'MUNICIPA1.111 s Partie V, Projet 163 JILL OTHER AMENDMENTS AUTRES MODIFICATIONS COUNTY OF OXFORD ACT 1,01 SUR LE COMTE`D'OXFORD 81. Subsection 11(2) of the Count), of Ox- $I. Le paragraphe 11 (2) de la Loi sur le ford Act is amended by striking out"on such comb d'Oxford est modifii par suppression it date and at such time and place as may be la fin,de«Le conseil de comb fixe par rigle- fixed by by-law of the County Council"at the ment municipal la date, I'heure et le lieu de end. la reunion.*. 92. Section 13 of the Act is repealed and B2. L'article 13 de la Lei est abrogi et rem- the following substituted: placi par cc qui suit : Meetings 13. Subject to section 11, all meetings of 13. Sous reserve de Particle 11, le conseil Rdunions the County Council shall be held within the de comte tient ses reunions dans le comte. County. 83- Section 16 of the Act is repealed and 83. L'article 16 de la Loi est abrogi et rem- the following substituted: placi par cc qui suit Conduct of 16. The County Council may pass by- 16. Le conseil de comte peut adopter des Conduite members laws governing the conduct of its members. r6glements municipaux r6gissant la conduite des mtm- de ses membres. DISTRICT MUNICIPALITY OF LOI SUR LA MUNICIPALTTI? MUSKOKA ACT DE DISTRICT DE MUSKOKA 84. Subsection 10(2)of the District Munici- 84.Le paragraphe 10 (2) de la Loi sur la pality of Muskoka Act is repealed and the municipaliti de district de Muskoka est abro- following substituted: gi et remplaci par ce qui suit First meet- (2) The first meeting of the District Coun- (2) Le conseil de district tient sa premiere Premi6re r6- 'ng cil after a regular election shall be held not reunion suivant une ilection ordinaire au union later than the fourteenth day following the plus tard le quatorzi6me jour qui suit la date day that the term of office for which the de d6but du mandat pour lequel 1'61ection a election was held commences. itd tenue. 85. Section 14 of the Act is repealed and $5 L'article 14 de la Loi est abrogi et rem- the following substituted: place par cc qui suit Conduct of 14. The District Council may pass by- 14. Le conseil de district peut adopter des Conduite members laws governing the conduct of its members. r6glements municipaux r6gissant la conduite des mem- de ses membres. bres REGIONAL,MUNICIPALITIES ACT 1.01 SUR LES MUNICIPALITES REGIONALES 86. Subsection 7(2) of the Regional Mu- 81o.Le paragraphe 7 (2) de la Loi sur les nicipalities Act is amended by striking out municipalitis r€gionales est modifii par sup- "on such date and at such time and place as pression i la fin,de *Le conseil regional fixe may be fixed by by-law of the Regional par reglement municipal la date, Pheure et le Council"at the end. lieu de la reunion.». 87 Section 8 of the Act is repealed and the g7, L'article 8 de la Loi est abrogi et rem- following substituted: place par cc qui suit Meetings 8. Subject to section 7, all meetings of 8. Sous reserve de Particle 7, le conseil Rdunions the Regional Council shall be held within the regional tient ses reunions dans le secteur Regional Area. regional 88. Section 11 of the Act is repealed and 'Be L'article 11 de la Loi est abrog6 et rem- the following substituted: place par cc qui suit Conduct of 11. The Regional Council may pass by-laws members governing the conduct of its members. 11. Le conseil regional peut adopter des Conduite r6glements municipaux r6gissant la conduite des mem- de ses membres. bres 5 . r Bill 163, Part V PLANNING AND MUNICIPAL STATUTE LAW OTHER AAfENDMENTS AU'TRES hfODIFICATIONS r REGIONAI.MUNICIPALITY OF LOI SUR LA MUNICIPALITE DURHAM ACT REGIONALE DE DURHAM 11. Subsection 34(2) of the Regional Mu- 9/. Le paragraphe 34 (2) de la loi sur la nicipality of Durham Act is amended by strik- municipaliti regionale de Durham est modifie ing out"50" in the first line and substituting par substitution, a x%> 3 In premiere ligne, 445771. de 4(57,>. Com- 91. This Act comes Into force on a dap to 92,La presentc loi entre en vigueur le jour Entrceen mencement be named by proclamation of the Lieutenant que le lieu tenant-gouverneur fixe par procla- vi$ueur Governor. mation. Short title 93. The short title of this Act is the Plan- 93.Le titre abrege de la presente loi est Loi 'Titre abrE- ning and Municipal Statute Law Amendment de 1994 modifutnt des lois en ce qui concerne 0 Act, 1994. l'amcnagement du terriloire et des munfeipali- tes. a r r r r r r N r r r Ontario Regulation 615/94 REGULATION MADE UNDER THE lilacs Dacassber 21, 1994 MUNICIPAL ACT Effeatives January 1, 1995 DISPOSAL OF PROPERTY 1. A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193 (4) of the Act: 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. Highways, roads and road allowances. 3. Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land. 4. Land that does not have direct access to a. highway if sold to the owner of land abutting that land. 5. Land repurchased by an owner in accordance with section 42 of the Expropriations Act. 6. Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. 7. Land sold under sections 112, 112.1,112.2 and 113 of the Municipal Act. 8. Easements granted to public utilities or to telephone companies. 9. Land sold under the Municipal Tax Sales Act. 2. A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 (4) of the Act: 1. Any municipality, including a metropolitan, regional or district municipality and the County of Oxford. 2. A local board as defined in the Municipal Affairs Act. 3. An authority under the Conservation Authorities Act, 4. The Crown in Right of Ontario or of Canada and their agencies. 3. A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 (7) of the Act: 1. Land 0.3 metres or less ire width acquired in connection with an approval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up. 3. Land formerly used for railway branch lines. 4. This Regulation comes into force on the day that section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 comes into force. Minister of Munici P Affairs CERTIVICRTE OF COMPLIARCE FORM FOR USE WITH SECTION 193 OF THE MUNICIPAL ACT Certificate of Compliance with section 193 of the Munic Ral Act in the sale or disposition of the real property described as: (Description may be attached) I hereby certify that: B 1. The Municipality pas sed y-law (# if applicable) on (date) It is a procedural by-law for the purposes of the sale or other disposition of real property and was in force on the date of the sale or disposition of the property described above. Delete if 2. The property was declared surplus under By-law or not Resolution enacted or applicable (# it applicable) passed on (date) Delete if 3. An appraisal of the fair market value of the not property was obtained on applicable (date) Delete if 4. The property sale or disposition is exempt from not the requirement to obtain an appraisal of its fair applicable market value under the following exemption: i Delete if 5. Public notice of intent to sell or dispose of the not property was given by the following method(s) applicable [describe method(s) ] on the following date(s) r (Signature of clerk or adm n strat ve (Date) head) FORM APPROVED DECEMBER 20, 1994 ' Council Communications for Direction January 16, 1995 Number Suggested Disposition D - 1 THAT the correspondence dated December 5, 1994 from Nancy Scott, Executive Director, Big Brothers of Clarington requesting proclamation of Bowl for Millions Week, be received; THAT the week of February 11 to 18, 1995 be proclaimed "Big Brothers Week" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted to Big Brothers of Clarington to fly the Big Brother flag in the Town Square during Bowl for Millions Week; and THAT Nancy Scott be advised of Council' s decision. D - 2 THAT the correspondence dated December 15, 1994 from Nanci Colbeck, ParticipACTION, requesting proclamation of SummerActive ' 95 and Clarington' s participation in the campaign, be received; THAT the period of May 15 to July 15, 1995 be proclaimed "SummerActive 195" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT the correspondence be referred to the Community Services Department for an action plan to be identified for the municipality' s participation; and THAT Nanci Colbeck be advised of Council' s decision. D - 3 For the direction of Council . D - 4 For the direction of Council . D - 5 For the direction of Council . D - 6 THAT the correspondence dated January 5, 1995 from Charles Cattran, President, Rotary Club of Bowmanville, requesting proclamation of Rotary Week, be received; THAT the week of February 19 to 26, 1995 be proclaimed "Rotary Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Charles Cattran be advised of Council' s decision. a Council Correspondence - 2 - January 16, 1995 D - 7 THAT the petition signed by 171 individuals concerned by the volume and speed of the traffic that passes in front of S .T. Worden Public School and supporting the recommendation put forth by the S .T. Worden Public School Traffic Safety Committee to create a three-way stop at the intersection of Cherryblossom Road and Nash Road, be received; THAT the petition be forwarded to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Iris Heslop, lead petitioner, be advised of Council' s decision. D - 8 THAT the application to Manage and Conduct a Nevada Ticket Lottery at the Giant Dollar Dome, 243 King Street East, Bowmanville submitted by the Catholic Family Services of Durham Inc . , be received; THAT the request of the Catholic Family Services of Durham Inc . be approved subject to compliance with the Terms and Conditions imposed by the Municipality and the Province; and THAT Patricia Milburn and Patricia Grant be advised of Council' s decision. D - 9 For the direction of Council . D - 10 THAT the correspondence dated December 29, 1994 from Jack Colville requesting the installation of either a stop sign, traffic light or crosswalk in the vicinity of Centre Street and Main Street, Orono, be received; THAT the correspondence be forwarded to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Jack Colville be advised of Council' s decision. D - 11 THAT the correspondence dated November 22, 1994 from Vernon Garlick, suggesting that a Healthy Community committee be formed, made up of residents from various backgrounds in business, education, environment, government, health, labour, etc, to provide advice and support on Health Community issues to Council, be received; Council Correspondence - 3 - January 16, 1995 u THAT the initiative put forth by Mr. Garlick to form a Healthy Community committee be supported by the Council of the Municipality of Clarington; and THAT Mr. Garlick be advised to contact the Director of Planning and Development to initiate this endeavour. D - 12 For the direction of Council . D - 13 THAT the correspondence dated December 19, 1994 from D. Laurence Mawhinney, President, Federation of Canadian Municipalities, requesting proclamation of International Development Week, be received; THAT the week of February 5 to 11, 1995 be proclaimed "International Development Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT D. Laurence Mawhinney be advised of Council' s decision. D - 14 THAT the correspondence dated January 2 , 1995 from Susanne Clark, Promotions Co-ordinator, Big Sisters N.O.W. , requesting proclamation of Big Sisters Awareness Month, be received; THAT the month of February 1995 be proclaimed "Big Sisters Awareness Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Susanne Clark be advised of Council' s decision. D - 15 THAT the correspondence received from Heather Greer requesting the implementation of a shuttle-type transportation system within the Bowmanville area, be received; THAT the correspondence be forwarded to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Heather Greer be advised of Council' s decision. Council Correspondence - 4 - January 16, 1995 D - 16 THAT the correspondence dated January 6, 1995 from John Hoar with respect to an invoice received by him for snow clearing and questioning the use of snowmobiles in the municipality, be received; THAT Mr. Hoar be advised of the decision of Council to cancel all outstanding 1994 snow clearing invoices; and THAT Mr. Hoar be advised of the regulations for operating snowmobiles within the municipality and forwarded an excerpt of the traffic by-law which deals specifically with their operation. D - 17 THAT the correspondence dated January 6, 1995 from Zenia Glecoff regarding a zoning change in the proposed Official Plan for Part Lot 8, Concession 1, from M2 to Green Space, be received; and THAT the correspondence be referred to the Director of Planning and Development for response, with a copy of the response being forwarded to Mayor Hamre and members of Council . D - 18 THAT the correspondence dated January 6, 1995 from 4 Anne Capon, Area Coordinator, Durham East, Heart and Stroke Foundation of Ontario requesting proclamation of Heart and Stroke Month, be received; THAT the month of February 1995 be proclaimed "Heart and Stroke Month" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted for the Heart and Stroke flag to be flown in the Town Square during Heart and A Stroke month; and THAT Anne Capon be advised of Council' s decision. {r D - 19 THAT the application to Manage and Conduct a Nevada Ticket Lottery at Jeffrey' s Superette, 83 Liberty Street South, Bowmanville submitted by the Ganaraska Wolves Volleyball Club, be received; THAT the request of the Ganaraska Wolves Volleyball are: Club be approved subject to compliance with the Terms and Conditions imposed by the Municipality and the -` Province; and A THAT Bert Reid and Mar g Brinkman be advised of Council' s decision. -, 20 For the direction of Council . COUNCIL DIRECTION D-1 BIG BROTHM or CtARMIG"M 23 Scugog Street Bowmanville Ontario LlC 3H7 tel: 905-623-6646 fax: 905-623-0704 L S L December 5, 1994 L DEC 6 1913 4' Municipality of Clarington L40 Temperance Street Bowmanville, Ontario LlC 3A6 LAtt: Maureen Reid The Big Brothers of Clarington is holding a "Bowl for Millions" L campaign during the week of February 11 to 18, 1995. The Board of Directors and the Bowl for Millions Committee request L that the Municipal Council proclaim this week as Bowl for Millions Week. We would also request permission to fly the Big Brother flag L at the Town Hall in Bowmanville during this campaign. LIf Council permits, a convenient time to hold the flag raising ceremony would be Monday, February 6 at 9 a.m. before the General Purpose and Administration meeting. This would allow time for L publicity to be prepared for the local newspapers before the Bowl for Millions Week. L You may notify the agency of the Council's decision by calling 623- 6646, or at the above address. We will contact the newspapers to arrange the publicity. L Thank you. U t, L Sincerely, i ---------------- L Nancy Sc tt! Executive Director NS:and Share The Fun BE A BIG BROTHER A United Way Agency COUNCIL DIRECTION D-2 ParticipACTION Telephone: (416)954-1212 40 Dundas Street West Fax: (416)954-4949 , , Suite 220, Box 64 i Toronto, Ontario MSG 2C2 W 15. December 1994 DEC 1 3 1994 Mayor Diane Hamre The Corporation of the Municipality of Clarington MU^JICIPALVTY OF CLARINGTON 40 Temperance Street MAYOR'S OFFICE Bowmanville, ON LIC 3A6 LYour Worship: ParticipACTION and its partners are pleased to introduce SummerActive '95, a new program promoting the many benefits of regular physical activity and encouraging L everyone to make a personal commitment to active, healthy livingl Please take a moment to IL read further and accept this invitation to have your community be inilolved in a special two month national initiative, May 15. - July 15., 1995. As you may know, for twelve years, Canada's Fitweek was a major force in motivating all Canadians to adopt a healthy lifestyle. It was a very successful annual promotion that laid a solid foundation upon which to grow. Based on extensive k consultations with community leaders, national organizations, companies and governments at all levels, it was concluded that Fitweek needed to be expanded into a more flexible, community-based program. Through SummerActive '95, we have put k. the focus on local events and activities. kWe invite all communities, large and small, to build on our "umbrella" SummerActive campaign to promote their existing recreation, parks, environment, health and other programs. It is our objective to enhance the public's understanding of the vast health, economic and other benefits associated with regular physical activity, and the w of active living opportunities available at the community level. Your community can plan events or activities for any time during the May, 15. - July 15, 1995 promotion period. And the duration of these activities can be as long-as you like - a day, a week, a month or the entire two months. The important thing is-to - be involved! Health Santd Canada Canada 'Pa We respectfully request that you help us deliver this program across Canada by doing two things: o firs4 proclaim the period of May 15 -July 15, 1995 to officially be SummerAcdve '95 in t your community(we would very much appreciate receiving a copy of your proclamation) and, , o secondly, authorize and support your parks and recreation department, staff and volunteers to participate in this campaign. The enclosed brochure provides more information on how your community can participate. Simply return the completed registration form to ParticipACTION as soon as possible and we'll send you community resources to begin promoting SummerActive '951 The many partners of SummerActive '95 (listed below) thank you for making this initiative a successl Sincerely, Nanlci Colbeck ParticipACTTON SummerActive '9b Partners The Fitness Directorate, Health Canada and the provincial and territorial governments Blind Sports Association Boys & Girls Clubs of Canada Canada Safety Council Canadian Armed Forces CAHPERD (Canadian Association for Health, Physical Education, Recreation and Dance) Canadian Camping Association Canadian Cycling Association Canadian Heart& Stroke Foundation Canadian Parks Partnership Canadian ParkslRecreation Association CIRA (Canadian Intramural Recreation Association) Football Canada Girl Guides of Canada National Council of YMCA's National Pensioners & Senior Citizens Federation , Osteoporosis Society of Canada Royal Canadian Mounted Police Royal Life Saving Society •• Ge ParticipACTION Telephone: (416)954-1212 k j f�, 40 Dundas Street West Fax: (416)954-49=19 Suite 220, Box 64 A 0V s , Toronto, Ontario ,a a / M5G 2C2 �� TM Launch SummerActive'95 "feet first"with Sneaker Day! On Monday May 15,1995,lace up and think active! Leave your sneakers on all day and be ready for any active opportunity. You may know Sneaker Day as the kick-off to Canada's Fitweek. This popular event is now part of the SummerActive program—an expanded, two-month promotion of the benefits of active,healthy living. It's better than ever! � taste �o� tie a�tiue ��e Why not organize a Sneaker Day activity and give your group a taste for active living! Sneaker Day can be as simple as a casual dress-down day, with sneakers for the feet, and some action for the soul.Like a power walk led by the boss;adopting a river,stream or pond for clean-up;a sneaker line dance;or trying a new sport. The important thing is to encourage as many people as possible,especially the not so active, to participate. Keep your activity simple and fun, and gear into.Sneaker Day with an activity to fit the time,place,group size and resources you have available. To round out your S n e aker Day event consider working in some additional components, such as a contest for the largest, ugliest or best decorated sneaker; a healthy lunch,barbecue or nutritious Fitbreak; "Sneaker Police" fining perpetrators not wearing sneakers;displaying and distributing resources focusing on the health benefits of regular physical activity. Lace v acrd w1W All those who register their Sneaker Day are eligible to enter the Sneaker Day draw for fabulous prizes. Event organizers will receive participant ballots with their SneakerPak. It's a great incentive to motivate people to become involved. Health Sante Canada Canada tannanacnon� a F 4 4e04'a 14adrd to xm&& Pa To receive the SneakerPak, full of great ideas, information and promotional material to inspire you and help you plan your Sneaker Day,just complete the registration form in the SummerActive introduction booklet.The SneakerPak will probably include: a Sneaker Day Handbook with"How To's" on choosing an activity, recruitin g participants and publicizing your event; great activity ideas and organizing tips;health and fitness facts and stats for participants;Sneaker Day promotion flyers/letterhead;logo sheet Q Sneaker Day contest ballots,rules and prize information full colour Sneaker Day posters with room for adding specific information about your event. 04e pod step W"e caves a4otlr Lead the way beyond Sneaker Day. Organize some more activities and continue to be active r during the two-month SummerActive period;try a year long initiative such as Sneaker Day on a weekly or bi-weekly basis; make available ongoing active opportunities for your community, school, workplace or neighbourhood and encourage active living as a way of life. Cfrea� �a� 95 aor 1,ffew&d1X1e feet, For more information, v call your, prouihcial/territorial contact in the SummerActive booklet COUNCIL DIRECTION D-3 i Environnemant Environment V Canada Canada Environmental Service de DEC 1 :3 1994 LE PLAN 'SG EE PLAN CANADA'S GREEN PLAN Protection la protection Service de 1'environnement MUNICIPALITY OF CLARINGTON Ottawa, Ontario MAYOR'S OFFICE KlA OH3 I� 7 Fj�l7f OUR FILE/NOTRE R$F$RENCE December S, 1994 DEC 1 ' 1994 SURVEY.LTR MUNICIPALITY OF CLARINGTON MAYOWS OFFICE A G EN D').r , Dear Sir/Madam: Your comments on the enclosed Packaging Stewardship Principles would be greatly appreciated. The Canadian Council of Ministers of the Environment (CCME), has established a goal of 50 per cent waste reduction in Canada by the year 2000. As part of this initiative, the CCME set up a National Packaging Task Force to review the role that packaging could play in reaching this overall goal. Applying a stewardship approach to packaging, whereby industries assume responsibility for the environmental impact of packaging introduced into the marketplace, has been raised by the Task Force and others as a possible way to help achieve waste reduction. Stewardship is also a central component of several ongoing provincial/industry initiatives to resolve the financial challenges being faced by municipalities that operate recycling programs. In October 1993 the Deputy Ministers Committee of CCME held a forum on packaging stewardship with senior representatives from the retail and packaging industries. The forum's consensus was that the CCME should promote a national discussion of the associated issues. A Packaging Stewardship Group, established by the Deputy Ministers as a result of the forum, developed several general principles under which packaging stewardship would operate. It also identified areas where inter-provincial cooperation would enhance the effectiveness of such initiatives in Canada. /2 lmprim6 sur du papier recycl8 Canadg' Printed on recycled paper - 2 - The Task Force has now been asked to undertake a broader consultation on these general principles as a precursor to making recommendations to the CCME. Your cooperation in this regard would be most appreciated. Attached you will find a document containing the principles and explanatory notes. You will also find a form to record your comments on the principles and on any other matter which you feel has not been addressed. The Task Force would also appreciate your opinion on the division of responsibility between consumers, government and industry for making stewardship programs viable. We would appreciate receiving your comments prior to January 31, 1995 at the Environment Canada address provided on the comment form. Mr. Stephen Cross at Environment Canada (819) 953-0617 would be pleased to answer any of your questions. Yours truly, eJ. gi ng Task Force Attach.,i T #.i i ci s i .. e L PACKAGING STEWARDSHIP PRINCIPLES SURVEY Please review the principles of packaging stewardship outlined in the document you received with these materials and take a few minutes to complete the following survey. Where you have circled numbers 1 or 2 or have other comments, please complete the comments section to assist the National Packaging Task Force, Policy and Law Sub-committee in their analysis of concerns related to the principles of packaging stewardship and options to revise them. Please read each of the following questions and circle the 5 4 3 2 1 - appropriate number, according to the five-point scale. 5. You STRONGLY AGREE. S M N M S N 4. You MILDLY AGREE. T 1 E I T O 3. This is the mid-point; you opinion is NEUTRAL. R L U L R 2. You MILDLY DISAGREE. O D T D O O 1. You STRONGLY DISAGREE. N L R L N P G Y A Y G 1 - If you have NO OPINION, circle the dash in the last row. L L L N Y: A D Y 1 Please return your completed survey by January 31, 1995 to: G I O A R S'. D N Stephen Cross G E A 1 Environment Canada R E" G S Solid Waste Management Division E R A Place Vincent Massey E E G 351 St. Joseph Blvd., 12th Floor E R Hull, Quebec K1A OH3 E E Or return by fax to (819) 953-6881 1. Packaging stewardship initiatives should ensure that packaging 9 9 has a minimal effect on the environment. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 2. Packaging stewardship initiatives should recognize and promote the hierarchy of source reduction, reuse and recycling, in support of general resource conservation. 5 4 3 2 1 If you circled numbers 1 or 2, or have other comments, please provide details in the space below. - 2 - 3. In keeping with a mutual goal to reduce packaging waste, consumers, industry and governments share responsibility for the environmental impacts of packaging waste and for making packaging stewardship programs viable in Canada. This approach combines the concept of user pay with that of producer responsibility. 5 4 3 2 1 - a) Shared responsibility means that the actual costs of packaging stewardship programs should be divided equally between consumers, industry and governments. 5 4 3 2 1 - b) Shared responsibility means that the actual costs of packaging stewardship programs should be divided equally between consumers and industry. The role of governments is to ensure regulations are in place to ensure all industry segments must participate equally in stewardship programs. 5 4 3 2 1 if you circled numbers 1 or 2, or have other comments, please provide details in the space below. 4. All stakeholders should be involved and responsible in developing and implementing stewardship programs. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 5. Packaging stewardship initiatives should be comprehensive and apply to all packaging used in Canada. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. - 3 - 6. Packaging stewardship should be based on the establishment and maintenance of a level playing field which is inclusive and fair: a) between packaging and other reusable or recyclable components of the municipal solid waste stream; 5 4 3 2 1 - b) between imported and domestic packaging; and 5 4 3 2 1 - c) between packaging material types. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. ak 7. Packaging stewardship programs should strive for national consistency, balanced with flexibility to respond to regional differences. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 8. Full cost pricing is essential so that stewardship will begin the process of fully internalizing the costs of managing waste, and sending the correct signals to the consumers and producers of packaged goods. 5 4 3 2 1 If you circled numbers 1 or 2, or have other comments, please provide details in the space below. L - 4 - 9. Packaging stewardship recovery systems should consider markets, as well as other economic and environmental factors. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 10. Packaging stewardship should promote market development and the use of recovered materials. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 11. Packaging stewardship includes a responsibility for monitoring, evaluation and education. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 12. A packaging stewardship model should meet its environmental objectives in the most efficient, cost-effective manner. 5 4 3 2 1 - If you circled numbers 1 or 2, or have other comments, please provide details in the space below. - 5 - 13. Stewardship of packaging extends beyond national borders 5 4 3 2 1 If you circled numbers 1 or 2, or have other comments, please provide details in the space below. 14. Please indicate what sector you represent. a) Industry Specify b) Government Specify c) Non-Government organization Specify d) Member of the public On the behalf of the National Packaging Task Force and the Policy and Law Sub-committee, thank you for your interest and the time you have taken to complete the Principles of Packaging Stewardship Survey. Survey results will be analyzed and considered in determining what further action may be taken concerning these principles. Watch future issues of the NAPP News for a report on survey results and activities of the National Packaging Task Force r PRINCIPLES FOR PACKAGING STEWARDSHIP IN CANADA Contained in the report of the Packaging Stewardship Group to the National Task Force on Packaging, Canadian Council of Ministers of the Environment June 1994 IL Draft for discussion Report of the Packaging Stewardship Group PREAMBLE Packaging has developed into a sophisticated medium which allows manufacturers to deliver r their products to consumers, often over great distances, with a minimum of damage, spoilage or deterioration. It provides clear information regarding the products it contains, delivers appropriate sales messages and provides the consumer with convenience and the highest degree of safety. Packaging stewardship is the principle by which industries assume responsibility f or the environmental impact caused by the packaging that they introduce to the marketplace. 777is responsibility includes designing packaging according to the 3Rs principles, taking steps to divert packaging from disposal, actively using recovered materials, and ensuring packaging is properly handled if it must be disposed of. Other sectors of society should contribute together to the achievement of waste management goals. Governments have a responsibility to promote packaging stewardship and to encourage the widespread recognition and adoption of the principles as outlined. Consumers have a responsibility to make appropriate packaging choices when purchasing products. Industry has the prime responsibility of stewardship of its packaging, though governments and consumers share responsibilities for the environmental impacts of packaging waste and for making packaging stewardship programs viable in Canada. In addressing this issue, it must be recognized that packaging is but one component of the municipal solid waste stream, and that any packaging stewardship model should operate within the context of efficient recovery systems for all recyclable materials, whether or not their previous use was for packaging. The ultimate goal is not to have just packaging stewardship, but product stewardship as well. The Packaging Stewardship Group has focused its efforts on packaging, not product, stewardship. The principles which follow in this report were developed to apply to all types of packaging materials and all types of packaging wastes (industrial, commercial, institutional, and residential) and to be flexible enough to be adopted in any jurisdiction. June 30, 1994 Report of the Packaging Stewardship Group Draft for discussion p 9 9 p up Consensus Principles for Packaging Stewardship k- Fhe group has reached internal consensus on the following thirteen principles. 1. Packaging stewardship initiatives should ensure that packaging has a minimal effect on the environment. The environmental impacts of packaging extend beyond the effect of its disposal; resources and energy are consumed and pollutants are released during the production and transportation of packaging. Stewardship includes environmental profiling and consideration of life cycle impacts of packaging types, and research and development of new packaging methods and products which have minimal effects on the environment. 2. Packaging stewardship initiatives should recognize and promote the hierarchy of source reduction, reuse, and recycling, in support of general resource conservation. k, In general, packaging stewardship systems should give priority to source reduction, as well as encourage reuse and recycling. Where payment of fees is a component of a packaging stewardship scheme, fees should be highest for packaging that is not being recycled or reused. 3. In keeping with a mutual goal to reduce packaging waste, consumers, industry and governments share responsibility for the environmental impacts of packaging waste and for making packaging stewardship programs viable in Canada. This approach combines the concept of user pay with that of producer responsibility. Consumers should support the concept of user pay (rather than `taxpayer pay'), make informed choices when purchasing packaged products, and handle reusables and recyclables in the appropriate manner to avoid contamination. Industry should seek ways to reduce, reuse and recycle packaging, starting with adherence to the Canadian Code of Preferred Packaging Practices. Industry should also assist municipal reuse and recycling programs in order to drive the stewardship concept, support the concept of internalizing its costs (as outlined in principle 8), and strive for accurate reporting of packaging recovery, recycling, and disposal. Governments should ensure equity and consistency in setting the policy and/or regulatory k framework as needed to ensure the success of packaging stewardship, and monitor its implementation. This would include setting the rules for monitoring and reporting on the 3Rs, and supporting the concept of full cost pricing. June 30, 1994 Pratt for discussion Report of the Packaging Stewardship Group 4. All stakeholders should be involved and responsible in developing and implementing stewardship programs. Input from all sectors is required in the development of any stewardship program. This responsibility must be demonstrated through transparency of the process to the public so that all parties may be held accountable. Financial responsibility also involves the authority to manage the direction of any stewardship program. 5. Packaging stewardship initiatives should be comprehensive and apply to all packaging used in Canada. Stewardship of packaging encompasses consumer, transport, and retail display packaging, and would equally apply to imports. Stewardship programs may require a phased approach to include all these packaging types in an efficient manner. Wherever possible, packaging stewardship programs should include other non-packaging materials with the objective of establishing more efficient, cost-effective and environmentally beneficial solid waste management systems. 6. Packaging stewardship should be based on the establishment and maintenance of a level playing field which is inclusive and fair. a) between packaging and other reusable or recyclable components of the municipal solid waste stream; b) between imported and domestic packaging; and C) between packaging material types. While it is generally true that good waste management practices mean good business, it may not always be to the advantage of a company to engage in waste reduction activity if the competition does not. In addition to providing a level playing field between companies, there is as well a need for a level playing field between different types of packaging materials. This objective can be best achieved by ensuring that all costs associated with the establishment and operation of a specific packaging stewardship initiative are allocated amongst industry participants in a manner which reflects the representative costs associated with managing each specific type of packaging material. Levy allocations of a stewardship program Should be fair and equitable to all players, and non-participants should face substantial financial penalties where they are not involved in an equivalent stewardship program. Alm(, 30, 1994 Draft for discussion Report of the Packaging Stewardship Group 7. Packaging stewardship programs should strive for national consistency, balanced with flexibility to respond to regional differences. A national approach to packaging stewardship promotes efficiency for the packagers and distributors of national products. National consistency should eliminate any existing trade barriers and prevent the creation of new non-tariff barriers among provinces. At the same time, a national approach to packaging stewardship must recognize the differences in geography, waste reduction infrastructure, and population across Canada and allow flexibility in the implementation of the fundamental principles. 8. Full cost pricing is essential so that stewardship will begin the process of fully internalizing the costs of managing waste, and sending the correct signals to the consumers and producers of packaged goods. Full cost internalization demonstrates the principle of user pay, where environmental costs are reflected in the costs of product packaging and in the costs of consumers' waste disposal. Monies raised by industry as a result should be directed to cover those costs associated with management of the packaging. The range of costs available for factoring into the price charged is significant. Thus, harmonizing such levies in all Canadian jurisdictions will pose a challenge. Internalizing recycling costs is only a first, but important step, while appropriate mechanisms to factor broader direct costs (such as those from wages or equipment), indirect costs (such as those from data processing or enforcement), internal costs (such as those from raising capital or site closure), and external costs (such IL as those to the environment) can be devised. 9. Packaging stewardship recovery systems should consider markets, as well as other economic and environmental factors. determinant of an successful recover system. Material revenues are a significant y y y However, other factors should also be considered, including the environmental benefits of waste diversion and the avoided costs of disposal. 10. Packaging stewardship should promote market development and the use of recovered materials. lxpansion and development of effective end-markets is essential to the continuance of any stewardship program. A stewardship program should seek, through constructive 4 June 30, 1994 ti Draft for discussion Report of the Packaging Stewardship Group investment, to maximize the utilization of post-use materials in order to establish or enhance markets for a widening range of post-use packaging materials. Recovery systems for recyclables should be established through active cooperation between municipalities and end-markets. A coordinated regional approach based on the efficient flow of secondary materials should determine the best location for processing facilities, the possibility of pooling marketing for secondary materials, and the development of end-markets. Care should be taken with new emerging markets that supply is developed to meet demand. Municipalities will thus be protected from any additional recovery costs until relatively stable markets are achieved. 11. Packaging stewardship includes a responsibility for monitoring, evaluation, and education. Monitoring and evaluation programs are essential and should include performance measures with respect to environmental, efficiency, equity, and financial objectives. These programs should be designed and administered in such a way that they impose the least possible burden on respondents. Packaging stewards should assume a significant responsibility for public education and communication related to the use of stewardship systems, and sound waste management generally. Part of the education function should be to provide information concerning the effectiveness of stewardship programs as determined through performance monitoring, and to provide guidance as to the enhancement of program effectiveness. 12. A packaging stewardship model should meet its environmental objectives in the most efficient, cost-effective manner. Payments to municipalities established through stewardship programs should encourage efficient recovery. Payments could be based on efficiency benchmarks which take into account the region (major urban, suburban, rural, etc.) and number of households. 13. Stewardshi p of packaging extends he on 1 n ati n al borders. Packaging should be utilized as close to the point of collection as feasible. Where used packaging is to be exported, the exhorter should ascertain that the materials will be reused or recycled, and that the materials will be treated in an environmentally sound manner. S Jun. 30, 1994 , Draft for discussion Report of the Packaging Stewardship Group Packaging Stewardship Group Membership List * r of Canada Sandra Banks Grocery Products Manufacturers Kathy Clarke Ontario Ministry of Environment and Energy Tom Foote Environment Canada p John Jackson Citizens' Network on Waste Management John Mullinder Paper and Paperboard Packaging Environmental Council Joan O'Neill Federation of Canadian Municipalities Sherrill Owen Industry Canada Alan Robinson* Packaging Association of Canada Michel Seguin Action Re-buts Marjorie Simpson Manitoba Environment Paulette Vinette Canadian Soft Drink Association Brvan Walton Canadian Council of Grocery Distributors Carl Hrenchuk Canadian Council of Ministers of the Environment Nett° members whose navies are marked by an aswrisk (') served as alternates for one another on the group. 0 June 30, 1994 �i k COUNCIL DIRECTION D-4 Federation of Canadian Municipalities F6d6ration canadienne des municipalit6s December 10, 1994 Memorandum To FCM MunicipW. Associate and Affiliate Members kREQUEST FOR RESOLUTIONS FOR CONSIDERATION AT THE MARCH 1995 MEETING OF FCM NATIONAL BOA" OF DIRECTORS OR 14111 D.Laurence Mawhinney AT THE ANNUAL CONFERENCE IN JUNE 1995 1.unenklrg,Nova Scotia 1 Mclit dell[ The Federation of Canadian Municipalities' Standing Committee on Policies and Resolutions and the National Board of Directors invite the Mayor John Les ("Liwlick,British Columbia submission of resolutions on subjects of national municipal interest for debate A Vice President at the March 1995 meeting of FCM's National Board of Directors or at the Premier N ice-pr6sident FCM's Annual Conference in June 1995 as directed by the sponsor. Rkncillor Bryon Wilfert FCM will take a stand only on issues which are clearly of national iond Hill,Ontario Second Vice President municipal interest and which fall within the jurisdiction of the federal I -ierne vice-preident government, the provincial and territorial governments acting at the .Ilre SLIppl�ani Claude Cantin interprovincial level, or FCM itself. Indirect municipal issues and Qu6bec(QuLlbec! local/regional issues will not be supported by major research and lobbying '11L'si&rne vice-president activity, unless otherwise directed by the Annual Conference or by FCM's lid Vice PresiLittlr National Board of Directors. ,AW1d-man Ron Harter 1: on,on,Alber: Resolutions should meet the enclosed guidelines and should be received M X ., President by FCM no later than February 7, 1995 in order to be presented to FCM's Pr6sident sortant Standing Committee on Policies and Resolutions at its meeting on March 2, J1 s W.Knight 1995. I,XCCL16%e Direct,- Directeur gen6ral The Standing Committee on Policies and Resolutions and the National Board of Directors appreciates the cooperation of all members in adhering to the enclosed procedures when preparing their resolutions for submission. We look forward to hearing from you. L I-,- IL Viviane Swann Resolutions Policy Analyst Enclosures 24,ML-(111LAICC StT'('(!I,Ottawa,Ontario K I N 5P 3 1"1cpho e l"F ZI plmlc:(61 3)241-5221 •1ax/•1A&opie(I:(613)241-7440 I I(I ,t i)Il I I f l i''/I it I I"'I I I I I I I T I I:It 14 1 Ill I: Federation of Canadian Municipalities ® Federation canadienne des municipalites GUIDELINES FOR PRESENTATION OF RESOLUTIONS TO THE FEDERATION OF CANADIAN MUNICIPALITIES It is by way of resolutions that Municipal,Affiliate and Associate Members bring their concerns to FCM for consideration at the Annual Conference, held in June of each year, or at meetings of the National Board of Directors, held in September, December and March. Resolutions may be submitted by any municipality or provincial/territorial municipal association which is a member in good standing of the Federation of Canadian Municipalities. All resolutions endorsed at the Annual Conference or at the National Board of Directors and which require action from the Government of Canada, shall be submitted to the appropriate minister, department or agency for response. It is therefore important that resolutions be carefully worded so that FCM is directed to take the appropriate action and that the proper message is conveyed. CONSTRUCTION OF RESOLUTIONS All members are urged to observe the following guidelines when preparing resolutions for submission to FCM: a) FCM will take a stand only on issues which are clearly of national municipal interest and which fall within the jurisdiction of the federal government, the provincial and territorial governments acting at the interprovincial level, or FCM itself. Indirect municipal issues and local/regional issues will not be supported by major research and lobbying activity, unless otherwise directed by the Annual Conference or by FCM National Board of Directors. b) The descriptive clauses (WHEREAS...) should clearly and briefly set out the reasons for the resolution. If the sponsor believes that the rationale cannot be explained in a few preliminary clauses, the problem should be more fully stated in supporting documentation. c) The operative clause (BE IT RESOLVED...) must clearly set out its intent stating a specific proposal for any action which the sponsor wishes FCM to take. (i.e. BE IT RESOLVED that FCM urge/endorse/petition...) The wording should be clear and brief. Generalization should be avoided. d) Background information such as Council reports should be submitted with the resolution. When a resolution is not self explanatory and when adequate information is not received, FCM staff may return the resolution to the sponsor with a request for additional information or clarification. e) Proof of endorsement by the sponsoring council must accompany the resolution. 1 - 2 - CATEGORIZATION OF RESOLUTIONS The Standing Committee on Policies and Resolutions will review the resolutions received and categorize them as follows: Category A: National municipal issues Category B: Local/regional municipal issues Category C: Issues not within municipal jurisdiction Category D': Matters dealt with by FCM in the previous three years and that are in accordance with FCM policy Category D2: Matters dealt with by FCM in the previous three years and that are NOT in accordance with FCM policy SUPPLEMENTARY INFORMATION The Standing Committee on Policies and Resolutions is responsible for receiving and taking action on all resolutions in accordance with the above stated guidelines. Resolutions which fall within the mandate of an FCM Standing Committee or Task Force will be reviewed by same for the purpose of presenting recommendations to the National Board of Directors or the Annual Conference. Standing Committees and Task Forces are responsible for ensuring that resolutions are compatible with existing policy statements and approved resolutions. THE DEADLINE FOR SUBMISSION OF RESOLUTIONS TO FCM'S NATIONAL BOARD OF DIRECTORS AT ITS NEXT MEETING IN MARCH 1995 OR AT THE ANNUAL CONFERENCE IN JUNE 1995 IS FEBRUARY 7, 1995 5 The Standing Committee on Policies and Resolutions stresses that resolutions r received after the deadline cannot be processed in time for inclusion in the Board Book and will be held for action by the National Board of Directors at its next meeting in September 1995. For more information please call Viviane Swann-Resolutions Policy Analyst, Tel/Fax: (905)642-6642 or Michael Roche-Director of Policy and Programs,at the FCM office Tel: (613) 241-5221, Fax: (613)241-7440. COUNCIL DIRECTION D-5 TOWNSHIP OF HOPE L r P.O. Box ��, Telep =995-763-=0/.24 PORT HOPE,ONTARIO ``''ST urrOR�,E L1 3V9 CLERK (Location: East Side County Rd.#10 3 mi. N&I r ) December ' ORlf;;�,gL i Mr. Gerry Houston, Chair Ganaraska Region Conservation Authority 2216 Highway No. 28 -•.-. ___ i P.O. Box 328 PORT HOPE, Ontario L1A 3W4 Dear Mr. Houston: Re: Ganaraska River Watershe(i Plan '---- {{ FIIE The Township's Planning & Development Commi4l delegation at their Session of December 13/94. The delegation has joined Township Council in raising serious concerns about the GRCA's initiative to complete a Watershed Plan within the Ganaraska River basin. It is Council's an further opinion that before the GRCA continues p y her with this Study, that the following questions or concerns be adequately addressed to the satisfaction of Hope Township and the other constituent municipalities located within the Watershed Plan Area. The Township's concerns can be grouped into five broad categories and they are set out as follows: a) It is our understanding from your Open House of Dec. 7/94 that it will cost approximately $190, 000 to complete this Study. Phase I, which is currently underway will cost approximately $40,000 and will wrap up toward the end of January 1995. Funding has been committed by the Ministry of Natural Resources (MNR) to cover the costs associated with Phase I. Of concern to the Township residents and Council, however, is the fact that Phase II, which will start in January 1995 has not received any funding commitment. Phase II is estimated to cost $140, 000 and you anticipate on receiving only $70, 000 from the MNR. The balance of the required funding ($70, 000) will be generated through contributions from the municipalities within the Study Area. . . . 2 We Recycle. _ 2 _ Mr. G. Houston, chair Re: Ganaraska River Watershed Plan December 21/94 What jurisdiction does the Conservation Authority have to _ initiate a Study on landuse planning matters.within local municipalities, and, to unilaterally commit them to funding a portion of the Study? There were :no previous discussions between the GRCA and the Township., as to the principles of this Study or the methodsavailable for ' cost recovery. We believe that the methods :applied by ,.the GRCA :in this instance are clearly inappropriate and presumptuous. Since land use planning is a municipal responsibility as legislated within the Planning Act R.S.O ; -1990 and the amendments introduced under Bill 163 , what approvals do you plan to obtain from each municipality within the Watershed Planning Area before spending any of their money and infringing upon their jurisdiction? b) The municipalities of Hope and Hamilton Townships -and the Town of Port Hope have each recently completed comprehensive updates to their. respective-_Official Plans. The GRCA, in addition to numerous 'other- Government Agencies, were extensively involved in the preparation of these documents through their advisory roles. We cannot recall in the example of Hope Township, as- to. what areas or issues that the GRCA felt were inadequate in our Official Plan. If the GRCA, ' upon reflection, has determined that our Official Plan`- does require- improvement in certain areas, please advise the Office and we will schedule this matter fora, further,:_discussion with our Planning & Development Committee. Given the fact that the Official Plans within three of the municipalities within the Study Area have been recently completed, we would be surprised to find shortcomings with respect to provincial policies in any of the documents and would therefore see the additional expense of completing the Watershed Plan _at this time- as a unnecessary exercise and the unwarranted spending of public dollars, ... . 3 3 _ Mr. G. Houston, Chair Re: Ganaraska River Watershed Plan December 21/94 c) Agriculture and farm related uses are the predominant land use activity within Hope Township and the geographic area of the Watershed Planning Area. The implications of this Study on the farming community, both from an . economic and implementation perspective .. could be extremely important. No meetings were held . with. the agricultural- community even though they represent the dominant land use activity within the Study,,-.-Area? The participation of the farming group during the preparation of the Terms of Reference would have provided beneficial insight and opportunities for both the GRCA and the community. In addition to the foregoing, we believe that this Study is a duplication of a program currently underway within this area. The County Chapter of the Soil and Crop Improvement Association has embarked upon an initiative to implement an "Environmental Farm Plan" for agricultural operations throughout the watershed area. Representatives of this Association are meeting-.on a one- to-one basis with. representatives of the farming community to increase the awareness.- of the.- environment and the possible impacts of current farm practices. on-our soil and water resources. Your Office circulated this material to the Township in the Spring of 1992, and we responded by a letter dated June 4/92 supporting this program and its intent. Was the GRCA not aware that this community sponsored - farmer driven program was still proceeding? Does the GRCA not agree that farmers working with farmers. will be the best way of identifying and protecting the environment from an agricultural perspective? d) The Conservation Strategy as adopted by the Board of Directors of the GRCA lists the completion of a Watershed Plan for the Ganaraska River as a priority during the 1993 - 1997 period. Township Council prepared a critique of the 'drafty Conservation Strategy which was ,forwarded to your Office on December 21/92. - The Township's response to the Conservation Strategy was considered by the Authority at their meeting of Jan. 21/93 and a' letter dated Jan. 22/93 was forwarded which provided a' response . to our concerns. On Page 3 , 2nd last paragraph` of your letter, the following reference was made: . . . 4 4 - Mr. G. Houston, Chair Re: Ganaraska River watershed Plan , December 21/94 n (18) Funding and rationalization for new projects will. be...done on :an annual basis through our Project Files and annual budget approval. Projects and studies which specifically benefit Hope Township will be completed with °funding approved by the municipality. " This response as put forward by your Office was a I n . reference to our_' concerns , that the. :';GRCA` had_ placed -lofty >.goals and objectives for completion several projects over a 4 '.to 5 year period, yet.. was. no funding estimates or priorities for completion on -�-.. -these assignments. An accounting of your funding , , partners to complete these initiatives must be considered before you embark on programs or studies of this magnitude. These projects do have financial implications on our respective budgets and delivery of associated programs. e) We believe that the completion of this. Study represents ,- a-duplication of work which has-already,-been-completed or-work that that is in progress.. What ,new information �will. the .. completion of this Study bring-,to the Township and other . municipalities within the Study Area? We would ask that you please provide an explanation to the Township on these matters of concern so that we can make an appropriate deci.si0h on the merits of proceeding with this Study beyond they financial commitment of Phase I. Council will be reconvening withr a Session scheduled for January 3/95 and we would appreciate a response before that date. We understand that the GRCA has led.-,% a ' Public _:Meeting for January 11/95 concerning the,-,. Watershed' Plan' and-we would like to consider your response before„ this meeting Thank..you for your consideration of our concerns. Yours truly, Robert: Fudge; Deputy-Reeve, Hope Township Council cc: Hamilton Twp. .Council Port Hope Council Clarington Council Manvers Twp. Council Cavan Twp. Council 01/12/95 09:42 $905 885 9824 GANARASKA G.A. GLARINGTON Z002 CAN'ARASkA R EC,ION C CIN�FRVATIO`: AUTHORITI December 22, 1994 Mr. Robert Fudge, Deputy Reeve Hope Township Council P.O. Box 95 Port Hope, Ontario LIA 3W4 Dear Mr, Fudge: Subject: Gang =ka Rivet Watershed Plan I am in receipt of your letter dated December 21, 1994, expressing COW-ms regarding the completion of a Watershed Plan for the Gmarasim River. I would be most-1&&sed to address the concerns outlined in your letter. At the outset, you have indicated that a delegation of citizens have concerns idth the watershed Planning process. I would also note, that many residents in the waterhed support the completion of a watershed plan, as demonstrated at the Member 7, 1994 public meeting as well as at your December 20, 1994 Council meeting. Watershed planning integrates natural resource management with land us... planning on an ecosystem basis, rather than a site or municipal basis. Watershed plans ca:ta'buto important information to the process of decision-malting for the use of land and water. Watershed Plans do not replace municipal planning documents or existing environmental policies and programs, but are a resource for decision-makers in developing or evaluating future plans, actions or development applications. Public consultation and involvement are fundamental to the watershed planning process and each plan is unique vt that it is tailored to fit the individual needs of the watershed. The Province of Ontario, in its report entitled Water Abnagement On A Watershed Basis states that "the call to adopt an ecosystem approach to planning has been outlined in reports by the Royal Commission on the Future of the Toronto Waterfront [Crumble Commission], the Commission on Planning and Development Reform in Ontario[Sewell Commi<.don], the Ontario Round Table, the Premier's Council on health, Well Being and Social Justice, the Environmental Advisory Committee and the Conservation Council of Ontario.' P.O.Box 328,Part Hope,Ontario Ll A 3W4 Telephone:905 855-8173 fax:905 88.5-9924 Forest centre:905 797-2721 01/12/95 09:42 $905 885 9824 GANARASKA G.A. 444 CLARINGTON 16003 -2- { Many communities across the province have completed watershed plans. It has long been recognized that watershed plans can avoid costly remedial works by proviaft preventative environmental planning. Pay now, or pay more later is an appropriate statUlent in this regard. This 60 is reflOMW in the Sewell Report. Our watershed is in relatively pristine condition and a watershed plan will go a long way to ensuring that this condition remains in the future. M Phase 2 - Watershed Planning The Ga amft Region Conservation Authority committed funding for Phase 1 of the watershed plan which primarily serves to obtain municipal and community support for F lease 2 of the plan, as well as provides some resource information within the watershed. Our OW.-mvation authority has funded.this Phase, partially, to demcrostrate our commitment to the vied planning process and provide needed information at no direct cost to the municipaUd,je. Funding for Phase 2, which represents 75% of the project, will only come f=om a pirtnership Initiative, between the province, the conservation authority, the watershed municipalities other Interested groups. A contribution formula has not been developed to date. The first Important step is to determine if the municipalities and communities wish Ow study to proceed. Simply put, Phase 2 of the study will not proceed without municipal and aimmunity support. A Municipal Reception was held on December 7, 1994 for municipal councillors and senior staff to introduce the study. Councils are further invited to a public forum on January 11, 1995 at Hope Township to discuss this matter again. After that meeft, the cnser ation authority intends to host an additional municipal meeting of the involved municipalities to determine intWM in proceeding with Phase 2. The conservation authority clearly understands that land use planning is a municipal obligation and has no Intension to infringe upon this responsibility. However, we believe that wa can Provide assistance to our municipalities to address Bill 163. This legWadm, which will come Into effect by March 1995, requires implementation of the new firikbnW Heritage, EnvI ronmental Protection and Hazard Policies. The Conservation Authorities of Ontario have assisted the Ministry of Natural Resourm regarding the Implementaticm and Technical Guidelines for this Policy Statement and are familiar with the requirements Hof Bill 163 in this regard. Municipalities will be required to permit development only where It will ncN; negatively impact on groundwater recharge areas, headwaters and aquifers, significant racemes and stream corridors, significant woodlands and wildlife habitats, to mention a few resources. Environmental Impact Statements for development proposals will be nsquired. Impact Statements should address the cumulative impacts of development. Watershod plans can assist with cumulative impact assessments, where official plans generally do not. This type of 01/1:'./95 09:43 $905 885 9824 GANARASKA C.A. CLARINGTON 2004 i .3. information will not only be beneficial to the municipalities,but will assist developers with their proposals so that they do not have to generate costly environmental information. Further, the new provincial policies state that where detailed development criteria have been applied to i site through a mechanism such as a watershed plan, a site specific environmental impact statement my not be required. I would A thea refer you to an Ontario Municipal Board decision in Cladaigton in Mamb of 1993, whereby a development was denied on the basis that a watershed plan had not been produced and pertinent environmental information was not available. This matter was referred to the OMB by SAGA (Save The Ganarasla Again) who ware successful in their appeal. tZl Munieigg Official Plate r The new provincial policy has specific requirements to deal with groundwater, significant woodlots and wildlife areas, and cumulative impacts, to mention a few. Not all Official Plans have this information in lace. Watershed Plans provide the best mechanisms for P P generating environmental and resource information. Again, I wish to re-iterate that the conservation authority is concerned with environmental protection and only wishes to support our municipalities, their communities and their land use planning processes. Clearly, there is some information which is still required to address the intent of the new provincial policies and I believe that this opinion is also shared by many members of the watershed community. Under item#5 below, I will outline the new information which will be produced, or addressed, by the watershed plan. M 7be Agricultural Community We concur that the agricultural communipi is most significant within the watershed. The first action W= by the conservation authority was to host a municipal recepd+am and two public forums on December 7, 1994 to obtain input from the community. As previously indicated, an additional forum will be held on January 110 1995 to obtain the views of mull members of the Community. If the community consensus throughout all municipalities is not to proceed with the study, then the study will not continue. As indicated at your December?A, 1994 Council Meeting, the Terms of Reference for the study were developed in accordance with provincial guidelines for completing Watershed Planning. It is our intent to form a Community Liaison Committee, should the study proceed, and this Committee's first task would be the review of the Terms of Reference for appropriate additions or deletions. In addition,an Achievement'ream (Steering Committee)will Im established which will include representation from the watershed municipalities and the Q)mmunity Liaison Committee. • 01/1:/95 09:44 $905 885 9824 GANARASKA C.A. 444 CLARINGTON X 005 -4- Both our Association of Conservation Authorities of Ontario and the CranarLsh Conservation Authority have strongly supported the *Environmental Farm Plan Agendas" And concur that farmers must work with farmers to address environmental concerns. Howai'ar, we believe that these two initiatives can complement one another and am not duplication. Fa4w, we strongly support addressing environmental protection on a watershed basis, rather than on a site by site bass, and we would encourage all members of the farming community to become involved in the Community Liaison Committee, should the watershed plan proceed, I would further refer to a successful initiative that we have developed in Ilamilton Township called the CURB Program. This program provides grant dollars, through the Ministry of Environment and,FAergy, to assist farmers and others with environment it problems. The agricultural community is pleased with this initiative. This program demcmitrates that we can work together to better the environment. It is important to note that this program is operated on a watershed basis. (431 The lsRCA Co_mrvagon Stmt► We concur with your assessment of our Conservation Strategy and its goal to complete waLashed planning. The Consultation process which we are currently undertaking is providing ridoaal3zatton for the watershed planning process and seeking community anal municipal support fix the PROM I wish to reiterate, that each municipality will be requested to support the continuance of the project in January of 1995. It is possible that Councils may have conflicting V ddons. We.will host another meeting for municipal4ties in January to determine their interest in coaftuing with the study. US New Information Me watershed planning process is unique and does not duplicate other worics. The watershed plan will assess current environmental information and identify areas where:Further information is required. At this time, areas requiring further information appear to be geotechnical, r rachargeldsscharge Areas, headwater aquifers along the Oak Ridges Moraine, significant woodlots,some stream valley information including headwater areas, some shoreline work,steep slopes, significant w4dlife habitat areas, preparation of baseline information in a GIS(Geographic Information Systems) format, some water quality sampling, erosion recession measurements, the development of a groundwater infiltration model, the development of impact assemiment techniques, goals, objectives and mitigation strategies for the watershed, and the development of a long term monitoring plan to ensure watershed health. I hope that the above helps to clarify our position on the benefits of watershed planning. I strongly urge all Council members to be in attendance at the January 11, 15~)5 at 7:30 p.m. at Hope Municipal Offices. I have recently forwarded an invitation to attend this meeting to all 01/12/95 09:44 $905 885 9824 GANARASRA C.A. 444 CLARINGTON 01006 ..5. watershed Councils and Administrators. As previously indicated, the Conservation authority also :plans to convene a second municipal meeting to discuss the issue further after January 11, 1995. 'We would be most pleased to meet with Hole Township Council at your conv4mience to discuss Ws important matter further. Yours truly, F. G. (Gerry) Houston Chair cc Hamilton Township Council Port Mope Council Clarington Council Manvers Township Council Cavan Township Council Dan Dell, CIRCA Vice Chair �+ COUNCIL DIRECTION D-6 "d{t nsolq duo�t (LVAo cSltuts l9tst" "csctvict C46ovt cSt(f" ROTARY CLUB OF BOWMANVILLE ' P.O. BOX 217 BOWMANVILLE, ONTARIO L1 C 3K9 q- F 1 O' �v 1, � f Rotary at a Glance As of October 31st 1994 - Rotarians-- 1 , 194, 136 Countries - 150 Since July 1st 1994 - 111 new clubs have been admitted in 32 different countries COUNCIL DIRECTION D-7 I AM VERY CONCERNED BY BOTH THE VOLUME AND THE SPEED OF THE PRAFFIC THAT PASSES IN FRONT OF S . T. WORDEN PUBLIC SCHOOL . I FULLY SUPPORT THE PROPOSAL , PUT FORTH BY THE S.T. WORDEN PUBLIC SCHOOL TRAFFIC SAFETY COMMITTEE, TO CREATE A THREE WAY STOP AT PHE CORNERS OF CHERRYBLOSSOM ROAD AND NASH ROAD. AGENDA x � ' THE ABOVE PETITION WAS SIGNED BY 171 PEOPLE. Mrnislr� ci l.linrs;rre de Ia u I ION D-8 .. Consumer end Consommallon ��9'i 4lo�, `� manage and Conduct u Commercial et du a Nevada Ticket Lottery Cintano Relations Commerce �� Demand* de permia pour administrer et conduire une loterle Nevada (Form NTL-A) (formula NTL-A) We.the undersigned, as two principal officers of record of Iname of organization) Las soussign#s our sons deus pnnupaux durgaanls des/nom des l'organrsme) ��/�iHC'E � ��777,7fT/ �c��(✓'JCt.S j>'--�- rL)�,,t''rliJ/-( /^r c.. (.ddrsa) G /L' ti4 �7 iiA/�;4 `,w% //ff /G $ ladr#ssel apply for a licence to manage and conduct a Nevada Ticket Lottery at the premised municipally known as font une demand#des parmrs pour admmistrar at conduire une lolerle Nevada dans/as locaux Connus tlans Is munrerpalrll sous is nom d# and situated in the municipality Of Q 2-1-A /n/c-7D trl er saws Cons 4 municrpaidd d Z)C'G f rf1✓G/GLf If a Ilcvnco is granted.all tickets applied for will be sold only at(specify,exact location within the above promises). Sr un parmrs vest delnrl.fault let billets domand#s ne sMOnt vandus Qu'a(sp#crllor l'smplaeament exact tlans)es locus merthonnes u-d#„u,l t The specific Charitable Of Religious Objects or Purposes to which proceeds are to be donated are desCribed as Las obieclrb sp#cdiQws vrs#s per lea organrsmes de brenlaraance ou rolfgioux of suspuels sonf daftnds its recetlas pwrwnt tire dlCnls Comm*illan( /Ht N n;Cr',11N tANicY r!'oun/S /nlc, f;A%!l C�cc<f1i O F Lfa- 2. Typo of Nevada Tickets to be sold(check one) Game de Drll#ts Nevada Qur sworn vendus(cochor une cue) Regular Nevada Super Nevado Jj Junior Nevada Nevada normal ❑ Super Nevado /}S1J Nevada Junior ❑ J. Descnptlon of Schema Do,crr p Uon du tou Number of J lal Tickata per box/unit Nombro des billets par bofl#lunrni / lbl Zce par IlCkel J 'J Prrr du biltef (c) Gross Revenue per unit le)%Z Accedes Drum par unit# S (d) Total Prises pw unit $L7U Montanl total des prix per unity (a) Number of winning tickets pot unit plc y homer#de Militia gagnanp par unit# e TCs Nevada Tlck*ta reforrod to in this application form are manufactured by lName of Company) 4eLes Niiers dons it eat Question dons cone demands soron(rmprim#a par(nom de Is eompagnfe) AL`/ L I /r/T and will be purchased Irom of swont schol#s cnu (Nam and nd Address of Olstrlbutoir fnom or across•du/distnbuteur) s. Price Der unR Pru par unit) \ 3 r /`Il /r=l%G= 1 TicY aK clue will Comma a on Itlatel // and terminal*On a. La rand ass Drllau Comm arlcers is(data) of se/4mrnsra of IdUS! aiimum six month period►. l 10, (�pl riode do six mnu-au,mtx mum). Tne tC'.0 n--er of units to be sold during the period for which the application is made shall not exceed L,nc-Drs tau d unites a vendre pendant Is plrrodo couverte par 1s demand*n-exc#liera pea UIJITS luvvU _r!teJ;CZ M) (Vol,au verso! Corifficate Attestation We(Hamel and(name) Nova soussignis(nom) of/nom) of(organization) de(organisms) of(municipality) SN�� of the County of f�' de(municipaioii) l� du COmN d jointly and severally,hereby certify that altastons colloctivorrionl of,ndividuollemenf quo: (I)WO have knowledge of the matter herein set out. Nous evons pris connaissanCe pea points specihis dons Jos prosentts. (2)We have read over this application. Nous&vans Its Is prisents demand#, (3)All facts stated and information furnished heroin are true and cof,ecf Tous Hs fails indiquis ai/as ronSoignoments fourths dens Its Pfts*,nes Joni virfdiquea or*&acts. (4)We ate the holders of the offices with descriptive title as set out ono appealing under our respective signatures below Nous assumons Its ronctions correspondent aus lures spoc,t.ls sows nos signatures/I3D*C1fv*J Ci-doSSOUS. (5)We understand that if a licence is granted.Nevada Tickets may not be sold outside of the promises entered on the application and specified in the licence. Nous compr#nons quo Si can pormia#St&CCOrdfl.1OS boilers Nevada no pouftont fire yondus pus dens/W locaus inscritS Sur IS demand##t spicifiis Sur I&permts. (E)We have read,and have in our possession,and agree to comply with a statement of the Terms and Conditions under which the Nevada Ticket licence is issued. Nous aeons lu 1'esposi doe conditions do dilivranCe du permit do,bfer,*Nevado,noes to gardons on noire possession&1 nous Observarons lesdfles conditions. (7)We understand that this licence shall be valid during rte enectne Dr-od pnty so long as the terms an9 Conditions to which such licence is subject have been Complied with and that a broach of a twm of condition may Cause the licence 10 beComenull sndvofd. Nous compr*nons Dun quo to pormis no Sort valid*pendant fa per.00o pu It COUvrfra qua dens Is m*suro ou tar conditions s*ront rospeCNes of quo tout*violation d*sea conditions I'annufwa Principal Officer Principal Officer Principal dirigeent Principal dirtgeent Signature S,gnawe Name to lulu Nom w complof nn P4-rA&,A 62C41x/ Tilt.r.ne ,EX E c i-r7Z flE ID 9 EcTirlZ / 7O i� Address adrwee A� 6-7c K,A)& ST EAST Pnofv,a, on tu iNgnf Signature 7-4 If f{Ire II Ou fenW/i DURHAM REGIONAL POLICE SERVICE DATE: 1994 12 06 MEMORANDUM TO: P. Barrie Town Clerk 40 Temperance Street Bowmanville, Ontario FROM: Inspector J. Adams Officer in Charge 16 Division SUBJECT: LOTTERY LICENCES ------------------------------------------------------------------- ------------------------------------------------------------------- I have no objection to the granting of this raffle/ lottery permit to: Catholic Family Services of Durham Inc . nspector J. Adams Officer in Charge 16 Division JA:sk 3 DRP 3. ',91 COUNCIL D-IRE_CTIGII D-9 (��]�]L�H�ECORPOI(ALIONOFLHE [) LELEPHONE(613)966e33o �J V V 1 `ISHIP OF SIDNEY FAX(613)966-4973 _ 'CUCKEXS CORNERS 1� 3 2 ©j ,�� 9�� RURALROULE#5 RELLEVILLE,ONLARIO KBN 4Z5 LDecember 30, 1994 TO: All Municipalities Along the Highway 401 Corridor Mayor/Reeve/CAO/Clerk Administrator: RE: Resolution to Ontario Good Roads Association to Petition the Province of Ontario to Cut and Maintain the Grass Along the Highway 401 Corridor. The Ontario Good Roads Association (OGRA) has recently called for resolutions to be debated at the 1995 Annual Conference. The Planning and Physical Services Committee are submitting the attached resolution for debate at the 1995 Convention. The Township of Sidney is one of the municipalities in the Province that is fortunate enough to be "bisected/served" by Highway 401. In the last number of years the Province has reduced the cutting of grass and weeds along the 401 right of way and the Township believes this has a negative impact on the economic and tourism of our area and the areas of all municipalities along the Highway 401 corridor. The Planning and Physical Services Committee have decided to try this avenue to improve the roadside maintenance and cordially request the support of your delegates who are attending the 1995 OGRA Annual Conference. Your/their support would be appreciated. On behalf of the Planning and Physical Services Committee, I remain, Yours truly, hxF / TOWNSHIP OF SIDNEY + - °' E. Hugh Lyons, A.M.C.T. ; Clerk EHL:ms _ ._.. Cr-n Attachment - - o/wrg/CLERK/resol.grass �. 0 Fe-.ki ««« 00 . 1910 . HOME OF LHE QUINCE IN'CERNACIONAL AIR SHOW f E RESOLUTION PASSED BY THE TOWNSHIP OF SIDNEY PLANNING AND PHYSICAL SERVICES COMMITTEE DECEMBER 12, 1994 WHEREAS Highway 401 traverses the Province of Ontario; AND WHEREAS Highway 401 provides access to many municipalities across the Province of Ontario; AND WHEREAS Highway 401 is important as an economic and tourism corridor; AND WHEREAS the lack of roadside maintenance during the tourist season is a concern; NOW THEREFORE THE TOWNSHIP OF SIDNEY PLANNING AND PHYSICAL SERVICES COMMITTEE PETITION THE ONTARIO GOOD ROADS ASSOCIATION AS FOLLOWS: 1. That the Province of Ontario be requested to cut and maintain the grass along the Highway 401 corridor throughout the Province due to its importance as an economic and tourism corridor. 2 . That all municipalities along the Highway 401 corridor across £" the Province of Ontario be notified and requested to support the resolution. ../marg/CLERK/res.maint COUNCIL D I-RECT ION c /,�yD_10 IL Ly zz .,4., 71 9 �� c AtI 7 J/ e IV 46"It (:,x �111Y. zoc r-Y bil. OL cl, k -V L- L •� i J \ � J � .y c 34� Qn, , COUNCIL DIRECTION D-11 D NOV 2 4 1994 VERNON GARLICK MUNICIPALITY OF CLARINGTON MAYOR'S OFFICE 460 Mayfair Ave., TH 120, Oshawa, Ontario, L1G 2Y2 Voice or Fax Telephone: (905) 725-1728 November 22, 1994 AGENDA Mayor Diane Hamre ,/ Councillor Larry Hannah Anne Dreslinski John O'Toole Municipality of Clarington 40 Temperance Street Bowmannville, Ontario L1C 3A6 Re: Healthy Communities Congratulations on your election victory, and best regards as you face another three years of new challenges and opportunities. I am writing to bring to your attention the Healthy Communities concept, and to seek your advice as to how to introduce the Healthy Communities approach into Durham, at both the area and regional levels of municipal government. Dr. Trevor Hancock, a leading public health physician and consultant to the World Health Organization, has, since the early 1980's, been advocating that municipalities consider the health of their citizens in their planning and urban development process. By 1993, more than one thousand communities from all over the world were participating in the Healthy Communities movement. An Ontario Healthy Communities Secretariat has been set up in Toronto by the Ministry of Health to promote and assist the development of Healthy Communities across the province. They can be reached at - 1-800-766-3418. Their contact in Durham is Sue Larsh at 905-623-8814. As a retired business executive now living in Oshawa, with interests in health, social and environmental issues, I believe that the Healthy Communities approach is an excellent vehicle to bring together diverse interests to work towards making your municipality a healthy place for people to live, work, and play. . . . 2 i Mayor Diane Hamre Page 2 Councillors Hannah, Dreslinski, and O'Toole Municipality of Clarington Re: Healthy Communities . I also believe that such an approach advantage in PP ch could be used to great g providing good government to your constituents. After all, what is more important than health? I suggest that a Healthy Community committee be set up, made up of residents from various backgrounds in. business, education, environment, government, health, labour,. etc. , to provide advice and support on Healthy Community issues to your Council. The overall goal would be to make healtha consideration in all municipal policy decisions. This need not be an expensive exercise. Developing a Healthy Community often does not require the provision of more services., but rather a change in the way a community makes decisions which `` affect health and well being My interest in Healthy Communities`'is as ;.a volunteer community r activist. Since moving from Toronto to Durham in 1988, I 'have been active in volunteer work as a member of Durham Region Waste Management Public Liaison Committee, Howmanville Museum Board, Memorial Hospital-Bowmanville Board, and Durham Region District Health Council. At the present time, I am a member of Durham Region Community Care Association Board, Oshawa Community Care Advisory Committee, Oshawa General Hospital Finance Committee, and Durham Environmental Network. A Healthy Community means different things to different people. There seems to be, however, an intuitive recognition that health is influenced more by our physical and social environments at home, at work, and at play, than by the intervention of the health care system. At a Healthy Community Forum, which I attended in Toronto in," ' 1992, p' partici ants from Durham, Peel, York, and Metro were divided into small groups and asked to draw a picture of our idea of a Healthy Community. The similarity among the groups was striking, with the following elements included in most of the pictures: . trees clean air bicycle paths parks schools town square recreation center streets for feet co-op gardens recycling safe streets clean work places clean water sports entertainment r mixed housing shops natural green space harmony with natural environment . . . 3 Page 3 Mayor Diane Hamre Councillors Hannah, Dreslinski, and O'Toole Municipality of Clarington Re: Healthy Communities In 1986, Doctors Hancock and Duhl developed a far more comprehensive set of Characterists for a Healthy Community: 1 . A clean, safe, high quality physical environment (including housing quality) . 2. An eco-system that is stable now and sustainable in the future. 3. A strong mutually-supportive and non-exploitive community. 4. A high degree of public participation in and control over decisions affecting one's life, health and well- being. 5. The meeting of basic needs (food, water, shelter, income, safety, work) for all the community's people. 6. Access to a wide variety of experiences and resources with the possibility of multiple contacts, interaction,, and communication. 7. A diverse, vital and innovative community economy. 8. Encouragement of connectedness with the past, with the cultural and biological heritage and with other groups and individuals. 9. A community form that is compatible with and enhances the above parameters and behaviours. 10. An optimal level of appropriate public health and sick care services accessible to all. 11 . High health status (both high positive health status and low disease status) . Between the area and regional governments, we already have many of �the characteristics of a Healthy Community in place. By collecting and safely disposing of our waste, and by providing us with safe water, parks, recreational facilities, libraries and museums, police and fire protection, roads, street lights and public health services, our municipal governments are already contributing significantly to our health and well-being. Today, it is widely recognized in public health circles that while hospitals and health professionals are essential for the management of disease and trauma, the major factors affecting our health are living and working conditions, social support, personal behaviour, and genetic make-up. One of the first government reports to point out this link between health and living, working and social conditions, was- the Lalonde Report, published in 1974, by Health and Welfare Canada. It asserted . . . 4 s; Mayor Diane Hamre Page 4 Councillors Hannah, Dreslinski, and O'Toole ' Municipality of Clarington Re: Healthy Communities 't that major improvements in health would result from improvements r in lifestyle, environment and knowledge of human biology, and only secondarily from improvements from health organization and medical services. g If we look back in history, we find that the concept of local ' , government being involved in health improvements is not new. The major improvements in human longevity were made well before the development of vaccines and wonder drugs. The major decline in. death rates came about through safe water and food, adequate'. housing, and better working conditions, which reduced deadly infectious diseases such as cholora, typhoid, whooping cough, diphtheria and tuberculosis. With curative health as we know it today unavailable, prevention was the only viable option to stop the spread of these diseases. In 1987, after examining the health history of Oxford, Dr. Jessie Parfait declared, "Many would be surprised to learn that the greatest contribution to the health of the nation over the past 150 years was made, not by doctors and hospitals, but by local $t government. " . I am looking forward to hearing from you. ION ION Vern Garlick r q_ _ O �C ; COUNCIL DIRECTION D- 12 C i 'I- T- Tr T, Mayor Diane Hamre JAN 1 1995 40 Temperance St., Bo�vmanyille,Ontario. MUNICIPALITY OF CI-ARIN" TOM Ll C 3A6 MAYOR'S OFFICE: December 7, 1994. L AGENDA Dear Mayor Hamre, L Re: Handi Ta ns it Inc. LI was speaking the other day with Mr. Ben Chartier of Handi Transit regarding a handicapped man living in Hampton. This fellow has just recently moved there and has begun to settle into his now community. I am supporting Mr. Ford to establish himself socially and vocationally through the family support group Dream Catchers. Mr. Ford's support group and his family have been developing networks to help him access the recreational and social activities available in Clarington. One of Mr. Ford's greatest desires Is to become an active member of the Royal Canadian Legion In Bowmanyllle. We are supporting this and so made inquiries of Mr. Chartier about the availability of his services to W. Ford. We were surprised and quite upset to discover that Clarington does not support its citizens where Handi Transit is required. It is our understanding that outside of regular business hours,a handicapped individual is not eligible for transportation due to the lack of support dollars allotted by Clarington to Handi Transit. In this day of equal rights and complete Integration, It Is appalling that this Is the situation. Therefore, tone handicapped Individual resides in Clarington, he is kept segregated from the community,after say 5:00 pm.. larnsure you seethe prejudice this supports. V-Mr. Ford could take advantage of other transportation . systems,this would still be an issue for others. Our hope in this letter, is to bring to Your attention this request, that the Council of Clarington re-evaluate its position regarding the financial support for all members of the communityto access,and to have their choices of community Involvement r�spottod.�,,_Ploaso-i support the HandlTranslt systerntorneetthe needs of citizens after busIne$s.116A Thank you for your immediate attention and response to this request. ------ Sincerely, Yalerle Wilson Barry Dream Catchers:Facilitator c.c.Mr. Ben Chartier, Pat Rundell 6 COUNCIL DIRECTION D-13 Federation of Canadian Municipalities Fide ration canadienne des municipalitis AGE December 19, 1994 Her. Worship`Mayor Diane 'Hamre ID.LaurenceMawhinney Munic3.pality Of, Clarington JAN 6 1995 Lunenburg,Nova Scotia 40, Temperance Street Pr ident $owmanville, Ontario P ent L1C 3A6 l►tt �'� %i]c f) "?i=i`` i Mayor John Les C "'wack,British Columbia Fi i«President Dear Mayor.Hamre P ier vice-president ciuor Bryon Wilfert Re: -.International Development Week 1995 and Hill,Ontario Second Vice President Deuxiemevice-president The Federation of Canadian Municipalities (FCM) is pleased to inform you that International Development Week suppl&nt Claude' Cantin (IDW) will be held this year from February 5 to 11, '1995. Quebec(Quibec) For the fifth consecutive year, FCM invites your T 'ke me vice-president T vi«President municipality °to officially proclaim IDW - 1995. - ; Alderman Ron Hayter "Women in the Municipal World" is the theme for the nton,Alberta next IDW. We encourage your municipality to raise P resident awareness about this topic. Presidentsortant You will find .enclosed CIDA documentation prepared J4bs W.Knight for the IDW-1995, as well as copies- of the- two most °veDirector recent issues of the FCM International newsletter. -An' Direaeurge"Eras upcoming issue of the newsletter, with an insert dealing with the role women play •in the world; will sent to you in February 1995 . ULH Any , tj: i 24,rue Clarence Street,Ottawa,Ontario KIN 5P3 j--- Telephone/T616phone:(613)241-5221-Fax/T616copieur:(613)241-7440¢ - International Office/Bureau international: Telephone/Telephone:(613)241-8484-Fax/T6l&opieur:(613)241-7117 •�j j� - 2 - We suggest you re-use the CIDA information kit and the FCM information folder which were supplied to you for IDW-1994 . These documents will be useful to you once again as you examine the issues, and, as you organize special activities. Please be so kind as to confirm with Ms. Marl6ne Jacques, Program .Analyst, that you have officially proclaimed IDW-1995, ' and provide her with details about your planned activities. She can be reached by telephone at' (613) 241-8484 or by. fax at (613) 241- 7117 . Yours sincerely, ■ r D. L nce M ey President cc: Patti Barrie t Clerk Municipality of Clarington 8:L i COUNCIL DIRECTION D-14 (VBIG SISTERS N.O. W. 179 XI11TG STREET EAST eOSHARM, ONTARIO LZB IC2 (905) 436-0951 FAX (905)436-3721 yy5� JAN 9 1995 January 2, 1995 Mayor Diane Hamre MAYW;'s OFF_EE Office of the Mayor Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 8A6 AGENDA Dear Mayor Hamre: Our provincial body, Big Sisters of Ontario, has designated the month of February as Big Sisters Awareness Month. Throughout the province many Big Sister agencies will be targeting this month as a time to heighten community awareness regarding our programs and services, and to recruit more Big Sister Volunteers. In our communities, Big Sisters Newcastle-Oshawa-Whitby plans to utilize the month of February to accomplish the same goal. We presently have 49 children on our waiting list who are being supported through monthly activities until they become matched with a Big Sister, and referrals to our waiting list continue to come in. If your Worship and City Council approve, we would ask that you once again prepare an official proclamation, in honour of Big Sisters Awareness Month, for the month of February 1995. Thank you very much for your time and consideration and we Iolok-#orward.to__ hearing from you. t ; Sincerely, Susanne Clark ...... ..... ... .. .. . Promotions Co-ordinator ya united way member agency COUNCIL DIRECTION D-15 Dear Mayor Hamre; AGE I have just finished reading the article in t e statesman, about the new mall at the West end being approved,and I could not be more pleased. This is just the sort of thing our town needs. Not only will we finally have decent shopping, but this will create a good number of jobs, as well as keep our shopping dollars in our community. With the new malls, also comes a small P roblem, that being how will non drivin g people be able to take advantage of these new stores? Walking out is not an option for a most, the go bus could be used, but $2.20 each way adds up= and taxis are costly. I can fully appreciate the fact that a full bus service is costly, but something needs to be donel I am sure a great deal of non drivers like myself would agree, it is not fair to be left stranded, or have to walk miles, if we are able. My suggestion is the possibility of a shuttle type service, that would provide a bus that would run from the East end mall, to the blest end mall. This would give better access to both malls, as well as the do;t,ntown area_. I hope this transportation uiEater is gi—Ven some type of consideration. Thank you, 'x g • � �.� i sac � w _ �. t Heaher Greer < .� C�. _........ — ----- n JAN 9 1995 MU^JICI?ALITY OF CLARINGTON MAYOR'S OFFICE ; I COUNCIL DIRECTION D-16 5 AGEjVjj :J-o p 4oA j? MAJoR A MEMBEqS of Cou,00,I L W rrR WE&Pr OF YOQP LETEF-P 60CE �.5q HAdE f,0 AccasEP o� MoT eA�r�0, lily 4v6w. HAUE f. �0,ocl�q ��r CZAq MY �SI D&4AW-. �s _AxtASATto� fS A:S rof? 4a0WM0 t FS- ARE T4FY Nor BA&WED Pom -rHA�J k"--' Yo u bi. JAN COUNCIL DIRECTION D_17 ,.77 �a AGENDA lz 111,ell/ Illy I b<%tuc2/ �� OC-C'Yt.-rL_ .�!✓".e��C-�cp�1..AL /Y�-L�" ,/�-Y-y�ii rl/�c�4�y--'� -E"''� E JAN 9 5995 -� MUNiCiPALITY Of,it p,RItiGTON MAYOR'S OFFICE ---------- 1 D09. ©�, COUNCIL DIRECTION D-18 � 1 ,SAN 1 D 19A5 HEART .ND STROKE " ,- l1NDAT10N i,�Ur`i�craat_tfY G,=Ci_r;Rr�U,Grs OF ONTARIO BQ/�YGR'G Gi FiCE January 6 , 1995 A ;f.M k1.W rdit*9 F �p'mdCerrada pp D rhamRegion, Mayor Diane Hamre �'KingStreetWest and Members of Council Os awa,Ont. Municipality of Clarington L1J2J8 40 Temperance Street ( )571-1582 Bowmanville, Ontario L1C 3A6 Fax:(905)721-0111 Your Worship and Members of Council : L The Heart and Stroke Foundation of Ontario respectfully requests that February 1995 be proclaimed Heart and Stroke Month in the Municipality of Clarington. To this end I have enclosed a draft "Mayor ' s Proclamation" that you may wish to consult . Once again, we would like to have the Heart and Stroke flag IL raised for the month of February . If it is convenient for you, a flag raising around 9 : 00 a .m. on Wednesday, February 1 , 1995 at Town Hall would be appreciated. Our Heartfelt thank you for your consideration of these matters . Yours sincerely, HEART AND STROKE FOUNDATION OF ONTARIO -- ---- r Anne Capon Area Coordinator - Durham East AM/cp Encl . Ho . (� WHBRBAS the effects of heart disease and stroke are responsible for widespread suffering and create serious economic hardship In our' c community; AND WHBRBAS the Neart and Stroke Ibundatuon'of Ontario is taking positive action to reduce heart and stroke casualties through a planned,priority research and education program; , • AND WHBRBAS the Heart and Stroke Poundation of Ontario campaign to support heart and stroke research education is being ' 4 conducted from Pebruary i through February 28,1991. 1,7HBRBF*RB,proclaim that the month of Pebruary be observed as '17104 and Stroke Month'In the City of Chatham.t further urge all citizens to W* -operate In the Heart and Stroke Foundation of Ontario • campaign,and all civic,social and fraternal organizations and business 1 ' establishments to give this campaign the greatest possible support. COUNCIL DIRECTION D-19 ht•nis;ry al MinistAredola 2nd 9Da Consumer and Consnmmati0n ToeonloaaO t �J Commercial et du 1.15S 2113 Application to Manage and Conduct Ontaro Relations Commerce ic11u000°v a Nevada Ticket Lottery c" s cennct ccaunns!on Toronto.0n `°T'�` °°"°"` MSS 203 Demands de permit pour administrer Pr1ICA YOUR GROUP et conduire une loterie Nevada I�:F:Tii iCATION iJUTABi R(GIN) (Form NTL-A) _ _ (Formule NTL-A) we.the undersigned:as two ptinclpal officers of record of(name of organization) Les soussignds qui sent deux prineipavx dirigeants de(nom de/organismo) Gary ras kC(, 1Vo/vet Va I/tu (address) - (adresse) apply for a licence to manage and conduct a Nevada Ticket Lottery at the premises municipally known as font une demands de permit pour administreret conduit*uno loterie Nevada dans les locaux connus dans Is municipahid sous le ADM do. r( rS erg and situated in the municipality of 1 l3.y 1'� et siluds daps Is municipality d if a licence is granted,all tickets applied for will be sold only at(specify exact location within the above premises). Si un permis eat ddd,toµsLes billets demandds ns seront vendu,.s,cq.�8(spdel!!er 1 emplaeement exact daps les locaux mentionnes ci-dessus) �( `S 1. The specific Charitable of Religious Objects or Purposes to which proceeds are to be donated are described as Les objectils spdciliques triads per les organismes do blentaisonce off reli l ux et puxquols sont de finds les recettes peuvent dr.a ddcrirs comme dtant S O t v �V/ 1/ _ 2. Type of Nevada Tickets to be sold(check one) Genre de billets Nevada qul seront vendus(cachet une case) Regular Nevada Super Nevada Junior Nevada Nevada normal ❑ Super Nevada Nevada Junior ❑ 3. Description of Scheme Description du)eu (a) Number of Tickets per boxtunit i Nombre de billets par bottelunild (b) Price per ticket Prix du billet (c) Gross Revenue per unit Receffes brutes par unit# S C/a; G G (d) Total Prizes per unit Montant total des prix pat unit# S 8 , C�Q (e) Number of winning tickets per unit 22- 14 Nombre de billets gagnenfs par unit# 4. The Nevada Tickets referred to in this application form are manufactured by(Name of Company) Les billets dont it*at question dans Cott@ demande seront imprimds par(nom de/a campagnieJ and will be purchased from et seront achelds Cher (Name and Address of Distributor /� 1170:71 et adresse dudistributeur) r V_Q.V&4 ma y1 ��ZS orb (� �tzsz� S err l S �a e 7& S. Price per unit Prix par unitd Ll J S 6' a`vensafes es billets commeneeradtot(date) ! aS 7�S and terminate � of se terminate to (date) Q2 a S /9 g l Yea�- (dale) — —� (maximum six-RWM*period). (pdnode do six mois au maximum). 7. The total number of units to be sold during the period for which the application is made shall not exceed to nombre total d•unitds A vendre pendant Is pdriode couverle par Is demando n oxcddera pas -- UNITS CerIllicale Attestation Vie(name) and(name) n o Nous sousstgnds(no-) :PT 0!L7 et(nom) �'/r1/\� 3DQ1 N ern F}�/ of(organization) de(organlsmeJ �r�lln/A PA.-,VA ( p ,tJIM g \11t'�yPA r of(municipality) of the County of de(municipalirs) du comfs d Jointly and severally,hereby certify that atlestons collectivement of individuellement quo: (t)We have knowledge of the matter herein set out Nous avons pris connalssanco dos points apeclliss dens to$presentes. (2)We have read over this application. Nous avons lu la presonle demands. (3)AD facts stated and Information furnished herein are true and correct, Tout las falls Indiques at les rense/pnemenfa lournis dens Its presentes sent veridiques at exact; (4)We are the holders of the offices with descriptive title as set out and appearing under our respective signatures below. •• Nous assumons ies fonctions correspondent aux titres spedlids sous not signatures respectives cl-dessous. (5)We understand that it a licence is granted,Nevada Tickets may not be sold outside of the premises entered on theapplication and specified In the licence. Nous comprenons quo Si un pormis Ott accords,/as billets Nevada no pourront fire vendus quo dens/as locaux inscrits Sur to demands of specifies sur to pormis. (G)We have read,and have in our possession,and agree to comply with,a statement of the Terms and Conditions under which the Nevada Ticket licence Is Issued. Nous avons lu I'exposs dos conditions do delivrance du permis do loterie Nevada,sous to pardons on notre possession of nous observorons lesdires conditions. (7)We understand that this licence shall be valid during its effective period only so long as the terms and conditions to which such licence is subject have been compiled with and that a breach of a term or condition may cause the licence to become null and void. Nous comprenons bien quo le permis nesere valide pendant la p4dode qu'll couvrira que daps la metureooses conditions seront respecfdes of qua loute violation de sos conditions rannulers. Principal Officer Principal Officer Principal dirigeanf Principal dingeent Signature c Signature Name In full/Nom ou comp/et he Ad .T— Title/Titre z QQp.>p Address/Adresse EL7 sin x Bus.Phone/T41,off. C 3 3 -53 48 -73 Date/Date Witness(sign) Signature du tdmoin C—L i4 Ire �v COUNCIL DIRECTION D-20 Trinitp Mniteb ttCburcb tburrb aub Elibigion 6trcctg g 30ounanbille, Ontario h ohs J�� Mailing Address: 116 Church St. January 11th, 1995. Bowmanville,Ont. L1C 1T2 Church Phone: 623-3912 Office Phone: Council , 6233138 Municipality of Clarington: Minister: Rev.Frank Lockhart, M.A.,M.Div.,M.Th. The congregation of Trinity United Church is concerned 623-6793 regarding the loss of available parking in the general area of the Church. Christian Education Co-Ordinator: Historically Trinity United Church has contributed Tina Barrie s23-sas7 substantially to the available public parking in the area, which is now being used during the week exclusively for Secretary: municipal administrative purposes. Betty Ball Church Officer: With the increased use of our expanded facilities by Tim Groen community groups during the week, parking has become a major concern and current plans by the municipality will further aggravate parking problems. We are requesting the opportunity to appear before Council on January 16th, 1995, to further explain our position. Our hope is to work with Council to achieve a mutually agreeable solution. Yours respectively, John A. Lewis, Chairman, Congregational Council , it Harold W. Hammond. Is - t MUNICIPALITY OF 1arington ONTARIO Report #1 REPORT TO COUNCIL MEETING OF JANUARY 16, 1995 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 9, 1995 RECOMMENDATIONS: 1 . RECEIVE FOR INFORMATION a) Report PD-3-95 - Monthly Building Report for Month of December, 1994 b) Report ADMIN-1-95 - Status Update - 1994 Industrial Space Absorption 2 . PROPOSED PLAN OF SUBDIVISION AND REZONING APPLICATION, SCHICKEDANZ BROS. LTD. , PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE THAT Report PD-1-95 be tabled pending amendments being made to the report. 3 . MONITORING THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 22, 1994 THAT Report PD-2-95 be received; THAT Council concur with the decisions of the Committee of Adjustment made on December 22, 1994; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. 4 . RF094-1, ECONOMIC DEVELOPMENT PROMOTIONAL BROCHURES THAT Report TR-1-95 be received; L THAT the additional funds required in the amount of $7, 561 . 60 be drawn from the Economic Development 1994 Current Budget Printing and Reproduction Account #7710- 00000-0205; and THAT the remaining two publications (Community Profile and Start Up Guide) be cancelled from the purchase orders and be re-budgeted for in 1995. 5 . CASH ACTIVITY REPORT - NOVEMBER, 1994 THAT Report TR-2-95 be received; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • BOWMANVILLE-ONTARIO• L1C 3A6•(905) 623-3379 • FAX 623-4169 RECYCLED PAPER Report #1 - 2 - January 16, 1995 THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports that the cash position of the Municipality of Clarington for the month ended November 30, 1994, is as shown on the schedule attached to Report TR-2-95; and THAT Part "A" of the expenditures for the month of November, 1994, be confirmed. 6 . PRE-BUDGET TENDERING 1995 BUDGET THAT Report TR-4-95 be received; and THAT approval be given to proceed with pre-budget tendering ' g g as identified below: EQUIPMENT COST FUNDING r (Estimated) (Estimated) PUBLIC WORKS Dump Truck $115, 000 . 00 Equipment Reserve Van $ 20, 000 . 00 Equipment Reserve Pick Up $ 20, 000 . 00 Equipment Reserve } Dump Truck $115, 000 . 00 Equipment Reserve Dump Truck $115, 000 . 00 Equipment Reserve Backhoe/Loader $ 60, 000 . 00 Equipment Reserve Pick Up $ 20, 000 . 00 Equipment Reserve Dump Truck $115, 000 . 00 Equipment Reserve Pick Up $ 20, 000 . 00 Equipment Reserve COMMUNITY SERVICES 3/4 Ton Crew Cab $ 32, 000 .00 Equipment Reserve 7. AFTER HOURS ANSWERING SERVICE - CLARINGTON HYDRO ELECTRIC COMMISSION THAT Report FD-1-05 be received; THAT, commencing March 1, 1995, Fire Department Dispatch personnel answer the after business hours telephone calls for Clarington Hydro Electric Commission; THAT the monthly fee of $180 received for this service be credited to Fire Department Equipment Reserve Account No. 2900-00014-X; and THAT an agreement between the Municipality and Hydro Electric Commission be drawn, and executed by both parties, outlining the terms of this agreement . 8 . DELEGATIONS THAT the delegation of Mr. Lloyd Stephenson, Ms. Evylin Stroud and Mr. Dave Clark be acknowledged and they be advised of actions taken. Report #1 - 3 - January 16, 1995 9 . SNOW CLEARING INVOICES THAT Resolution #C-729-94, as amended, which directed that all outstanding snow clearing invoices be processed, offering a 25 percent reduction, be rescinded. 10 . SNOW CLEARING INVOICES - REFUND UPON REQUEST THAT all outstanding 1993-1994 snow clearing invoices be cancelled; and THAT refunds be issued to property owners who have previously paid their snow clearing invoices, upon request . 11 . SNOW CLEARING PROGRAM THAT the Director of Public Works and the Clerk review and report back to the General Purpose and Administration Committee on the feasibility of the municipality implementing a sidewalk snow clearing program. 12 . COURTICE INDUSTRIAL PARK WHEREAS the Council of the Municipality of Clarington recognizes that the future wealth and prosperity of the municipality shall in part be secured by further increased industrial growth and assessment; NOW THEREFORE the Council of the Municipality of Clarington requests a meeting with the land holders of the Courtice Industrial Park, through the office of the Chief Administrative Officer, to discuss possible avenues to extend or secure Regional Water and Sewer infrastructure for the area and further, that Council requests the attendance of the appropriate Regional officials. 13 . IN CAMERA" ACTIONS OF JANUARY 9 1995 THAT the actions taken "In Camera" be approved. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee January 9, 1995 Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, January 9, 1995 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor L. Hannah Councillor J. O'Toole Councillor P. Pingle Councillor D. Scott Absent: Councillor M. Novak (on vacation) x Also Present: Chief Administrative Officer, W. Stockwell (until 11:35 a.m.) Town Clerk, P. Barrie (9:40 a.m. until 10:00 a.m.) Director of Community Services, J. Caruana (until 11:35 a.m.) Fire Chief, M. Creighton (until 11:35 a.m.) Director of Public Works, W. Evans (until 11:35 a.m.) Economic Development Officer, T. Letts (until 11:35 a.m.) Treasurer, M. Marano (until 11:35 a.m.) Director of Planning and Development, F. Wu (until 11:35 a.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. Mayor Hamre advised that "Team Clarington 95" composed of Members of Council and Department Heads, met off site on January 6, 1995, to review the goals of the Municipality for 1995. "Team Clarington 95" is looking forward to serve the constituents of the Municipality of Clarington. MINUTES Resolution #GPA-1-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on December 12, 1994, be approved. "CARRIED" The Director of Community Services introduced Mr. James Dow, recently hired as Parks and Cemeteries Manager and Mayor Hamre welcomed him. G.P.& A. Minutes - 2 - January 9, 1995 ¢ Resolution #GPA-2-95 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the meeting be "In Camera" to consider a property matter and a legal matter. g "CARRIED" Councillor Pingle made a declaration of interest with respect to the following matter; vacated her chair and refrained from discussion and voting. Councillor Pingle owns property in the subject area. Resolution #GPA-3-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the actions taken "In Camera" be approved. "CARRIED" PUBLIC MEETINGS No Public Meetings were scheduled for this date. DELEGATIONS (a) Lloyd Stephenson, 106 King Street East, Newcastle, L1B 1H5 - articulated his objection to the contents of the Snow Clearing By-law #93-144. He presented a cheque in the amount of $36.51 in payment of Invoice #1060 sent by the Municipality for clearing his sidewalk. He advised that he was making this payment under duress. Mayor Hamre made a declaration of interest with respect to the delegation of Ms. E. Stroud; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hamre's son is employed by Bell Canada. (b) Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 1J9 - Report TR-104-95 - advised that she was present for the discussions pertaining to the Telephone Upgrade System in the Municipal Administrative Centre. She concurred with the general consensus that no voice mail be used on this system. She informed Members of the Committee that not everyone has a touch tone phone and requested that the new upgraded telephone system have the capability of being accessed by rotary dial telephones. (c) Dave Clark, Clarington Hydro Electric Commission PO B Y , . . ox 130, Bowmanville, L1C 3K9 - delved into the many advantages of having the Fire Department dispatch personnel answer the after business hours telephone calls for Clarington Hydro Electric Commission and concurred with the recommendations contained in Report FD-1-95. G.P.& A. Minutes - 3 - January 9, 1995 Councillor Dreslinski chaired this portion of the meeting. PLANNING AND DEVELOPMENT Proposed Plan of Resolution #GPA-4-95 Subdivision and Rezoning Application Moved by Councillor O'Toole, seconded by Councillor Scott Schickedanz Bros. Ltd. Part Lot 10, THAT Report PD-1-95 be tabled pending amendments being made to the report. Concession 2, former Town of Bowmanville "CARRIED" D14.DEV.87.059 Monitoring the Resolution #GPA-5-95 Decisions of the Committee of Moved by Councillor O'Toole, seconded by Councillor Scott Adjustment for the Meeting of THAT Report PD-2-95 be received; December 22, 1994 D13.5904.MO THAT Council concur with the decisions of the Committee of Adjustment made on December 22, 1994; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend k- the decisions of the Committee of Adjustment in the event of an appeal. "CARRIED" Monthly Building Resolution #GPA-6-95 Report for Month of December, 1994 Moved by Mayor Hamre, seconded by Councillor Pingle P10.BU THAT Report PD-3-95 be received for information. "CARRIED" CLERK'S DEPARTMENT No reports were considered under this section of the Agenda. Mayor Hamre chaired this portion of the meeting. TREASURY DEPARTMENT RFQ94-1, Economic Resolution #GPA-7-95 Development Promotional Moved by Councillor Dreslinski, seconded by Councillor Scott Brochures F18.5943.QU THAT Report TR-1-95 be received; THAT the additional funds required in the amount of $7,561.60 be drawn from the Economic Development 1994 Current Budget Printing and Reproduction Account #7710-00000-0205; and G.P.& A. Minutes - 4 - January 9, 1995 TREASURY DEPARTMENT CONT'D THAT the remaining two publications (Community Profile and Start Up Guide) be m' cancelled from the purchase orders and be re-budgeted for in 1995. "CARRIED" Cash Activity Resolution #GPA-8-95 Report- November, 1994 Moved by Councillor Hannah, seconded by Councillor Scott F10.M0 THAT Report TR-2-95 be received; x THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports that the cash position of the Municipality of Clarington for the month ended November 30, 1994, is as shown on the schedule attached to Report TR-2-95; and THAT Part A of the expenditures for the month of November, 1994, be confirmed. "CARRIED" Pre-Budget Tendering Resolution #GPA-9-95 1995 Budget Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report TR-4-95 be received; and THAT approval be given to proceed with pre-budget tendering as identified below: EQUIPMENT COST FUNDING (Estimated) (Estimated) PUBLIC WORKS Dump Truck $115,000.00 Equipment Reserve Van $ 20,000.00 Equipment Reserve Pick Up $ 20,000.00 Equipment Reserve Dump Truck $115,000.00 Equipment Reserve Dump Truck $115,000.00 Equipment Reserve Backhoe/Loader $ 60,000.00 Equipment Reserve Pick Up $ 20,000.00 Equipment Reserve Dump Truck $115,000.00 Equipment Reserve Pick Up $ 20,000.00 Equipment Reserve COMMUNITY SERVICES 3/4 Ton Crew Cab $ 32,000.00 Equipment Reserve "CARRIED" Councillor Scott chaired this portion of the meeting. '"fir G.P.& A. Minutes - 5 - January 9, 1995 FIRE DEPARTMENT After Hours Answering Resolution #GPA-10-95 Service - Clarington Hydro Electric Moved by Councillor Dreslinski, seconded by Councillor O'Toole Commission C1 1.171 THAT Report FD-1-05 be received; THAT, commencing March 1, 1995, Fire Department Dispatch personnel answer the after business hours telephone calls for Clarington Hydro Electric Commission; THAT the monthly fee of $180 received for this service be credited to Fire Department Equipment Reserve Account No. 2900-00014-X; and THAT an agreement between the Municipality and Hydro Electric Commission be drawn, and executed by both parties, outlining the terms of this agreement. "CARRIED" COMMUNITY SERVICES DEPARTMENT No reports were considered under this section of the Agenda. PUBLIC WORKS DEPARTMENT No reports were considered under this section of the Agenda. Mayor Hamre chaired this portion of the meeting. ADMINISTRATION Status Update - Resolution #GPA-11-95 1994 Industrial Space Absorption Moved by Councillor Hannah, seconded by Councillor Scott THAT Report ADMIN-1-95 be received for information. "CARRIED" UNFINISHED BUSINESS Delegations Resolution #GPA-12-95 Moved by Councillor O'Toole, seconded Councillor Dreslinski THAT the delegation of Mr. Lloyd Stephenson, Ms. Evylin Stroud and Mr. Dave Clark be acknowledged and they be advised of actions taken. "CARRIED" G.P.& A. Minutes - 6 - January 9, 1995 OTHER BUSINESS Snow Clearing Resolution #GPA-13-95 Invoices Moved by Councillor Pingle, seconded by Councillor O'Toole THAT Resolution #C-729-94, as amended, which directed that all outstanding snow clearing invoices be processed, offering a 25 percent reduction, be rescinded. "CARRIED" Snow Clearing Resolution #GPA-14-95 Invoices- Refund upon Request Moved by Councillor Pingle, seconded by Councillor O'Toole THAT all outstanding 1993-1994 snow clearing invoices be cancelled; and THAT refunds be issued to property owners who have previously paid their snow clearing invoices, upon request. "CARRIED" Snow Clearing Resolution #GPA-15-95 Program Moved by Councillor Pingle, seconded by Councillor Scott THAT the Director of Public Works and the Clerk review and report back to the General Purpose and Administration Committee on the feasibility of the municipality implementing a sidewalk snow clearing program. "CARRIED" Courtice Resolution #GPA-16-95 Industrial Park Moved by Councillor Hannah, seconded by Councillor O'Toole WHEREAS the Council of the Municipality of Clarington recognizes that the future wealth and prosperity of the municipality shall in part be secured by further increased industrial growth and assessment; NOW THEREFORE the Council of the Municipality of Clarington requests a meeting with the land holders of the Courtice Industrial Park, through the office of the Chief Administrative Officer, to discuss possible avenues to extend or secure Regional Water and Sewer infrastructure for the area and further, that Council requests the attendance of the appropriate Regional officials. "CARRIED" Resolution #GPA-17-95 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT the Committee recess for 10 minutes; CARRIED G.P.& A. Minutes - 7 - January 9, 1995 LOTHER BUSINESS CONT'D The meeting reconvened at 11:45 a.m. Resolution #GPA-18-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting be "In Camera". "CARRIED" Resolution #GPA-19-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the actions taken "In Camera" be approved. "CARRIED" ADJOURNMENT Resolution #GPA-20-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the meeting adjourn at 1:10 p.m. "CARRIED" Mayor Hamre Deputy Clerk e