HomeMy WebLinkAbout2021-06-14 Agenda
Council
Post-Meeting Agenda
Date:June 14, 2021
Time:7:00 p.m.
Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS
Teams)
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*Late Item added or a change to an existing item after the Agenda was published.
Pages
1.Call to Order
2.Moment of Reflection
3.Land Acknowledgement Statement
4.Declaration of Interest
5.Announcements
6.Adoption of Minutes of Previous Meeting(s)
6.1.Minutes of a regular meeting of Council dated May 25, 2021 5
6.2.Minutes of a special meeting of Council dated May 31, 2021 17
7.Presentations
7.1.2021 Awards of Academic Excellence
7.2.2021 Clarington Senior of the Year Award (Ontario Honours and Awards
Program)
8.Delegations
*8.1.Wendy Bracken regarding Report LGS-017-21 - Procedural By-law
Review (Item 13 of the General Government Committee Report)
9.Communications – Receive for Information
10.Communications – Direction
11.Committee Reports
11.1.Advisory Committee Reports
11.1.1.Minutes of the Clarington Heritage Committee dated May 18,
2021
19
11.1.2.Minutes of the Agricultural Advisory Committee dated May 13,
2021
24
11.1.3.Minutes of the Newcastle Arena Board dated May 11, 2021 32
Page 2
11.1.4.Minutes of the Clarington Diversity Advisory Committee dated
May 27, 2021
36
11.2.General Government Committee Report of May 31, 2021 43
11.3.Planning & Development Committee Report of June 7, 2021 50
12.Staff Reports
13.Business Arising from Procedural Notice of Motion
14.Unfinished Business
14.1.Declaration of Interest at Advisory Committee Meetings 52
(Referred from the May 31, 2021 General Government Committee
Meeting)
15.By-laws
15.1.2021-052 - Being a by-law to authorize the closure and conveyance of a
road allowance and the conveyance of a road allowance
(Item 3 of the General Government Committee Report)
15.2.2021-053 - Being a By-law to amend Traffic By-law No. 2014-059 53
(Item 7 of the General Government Committee Report)
15.3.2021-054 - Being a by-law to govern the proceedings of the Council of
the Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and to
repeal By-law 2015-029
56
(Item 13 of the General Government Committee Report)
15.4.2021-055 - Being a By-law to adopt Amendment No. 1 to the municipal-
wide COVID-19 Community Improvement Plan (CIP)
108
(Item 4 of the Planning and Development Committee Report)
15.5.2021-056 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Item 5 of the Planning and Development Committee Report) (Farsight
Investments Limited)
16.Procedural Notices of Motion
Page 3
17.Other Business
18.Confirming By-Law
19.Adjournment
Page 4
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Council Minutes
Date:
Time:
Location:
May 25, 2021
7:00 p.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, G. Acorn, S. Brake, R. Maciver, M. Pick, R. Windle, J.
Gallagher, M. Chambers
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
2. Moment of Reflection
Councillor Traill led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Traill recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 4 of the General Government
Committee Report regarding COVID-19 Rapid Testing.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a regular meeting of Council dated May 3, 2021
Resolution # C-179-21
Moved by Councillor Traill
Seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on May 3, 2021, be
approved.
Carried
7. Presentations
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May 25, 2021
Council Minutes
2
8. Delegations
8.1 Beth Meszaros regarding Report LGS-018-21 - On-Farm Special Events
Licensing By-law (Item 2 of the General Government Committee Report)
Beth Meszaros was present regarding Report LGS-018-21 - On-Farm Special
Events Licensing By-law (Item 2 of the General Government Committee Report).
She made a verbal presentation to accompany an electronic presentation. Ms.
Meszaros reviewed the definitions for On-Farm Events. She suggested the
following amendments to the draft by-law:
That seasonal, special and accessory be added as definitions section;
Section 3.5 and 3.6 - be amended to include that the applications be
reviewed by staff panel chosen by the Members of Council;
Section 3.8 – That the list be completed by adding the word Region;
Section 3.9 - That it be identified how applications will be vetted to ensure
authenticity of the statements submitted;
Section 3.12 - Requesting there be a cap on the number of events.
Clarington needs to consider how many events they are willing to host.
Section 4.1 - The records should be retained for 7 years and the details of
what records will be kept should be identified.
Section 6.3 - Requested that a Schedule B be added to provide clarity on the
Guidelines on Permitted Uses.
Ms. Meszaros concluded by asking the Municipality to take responsibility for the
On-Farm Special Events.
8.2 Nancy Mallette, Bloom Field Farm, regarding Report LGS-018-21 - On-Farm
Special Events Licensing By-law (Item 2 of the General Government
Committee Report)
Nancy Mallette, Bloom Field Farm, was present regarding Report LGS-018-21 -
On-Farm Special Events Licensing By-law (Item 2 of the General Government
Committee Report). She explained that she is the operator of Bloom Field Farm
and she would like to explain how this Licensing By-law will affect their
business. Ms. Mallette explained that they applied for a Zoning By-law
Amendment to allow for On-Farm events in 2010. She provided an overview of
the current uses of their flower farm. Ms. Mallette explained that they have done
a series of upgrades to the property in since 2010 and that none of these would
have been possible without the On-Farm Event business. She explained that they
have clients and guests from all over the world who come to Clarington and visit
the local hotels and restaurants which supports the local economy. Ms. Mallette
concluded by noting that they currently have contracts booked for the next two
years and any future expansion or upgrades are dependent on these events. She
concluded by stating that she supports the licensing for On-Farm Special Events,
however they are requesting that their initial zoning be recognized, and no further
restrictions be applied to them. Ms. Mallette answered questions from the
Members of Council.
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May 25, 2021
Council Minutes
3
9. Communications – Receive for Information
9.1 Integrity Commissioner 2019 and 2020 Annual Reports
Resolution # C-180-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Communication Item 9.1 be received for information.
Carried
10. Communications – Direction
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 12, 2021
11.1.2 Minutes of the Clarington Tourism Advisory Committee dated May 3, 2021
11.1.3 Minutes of the Accessibility Advisory Committee dated April 7, 2021
Resolution # C-181-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved.
Carried
11.2 General Government Committee Report of May 10, 2021
Resolution # C-182-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That the recommendations contained in the General Government Committee
Report of May 10, 2021 be approved on consent, with the exception of items 4, 2
11, 13 and 15.
Carried
Item 4 - COVID-19 Rapid Testing
Councillor Hooper declared an indirect interest in Item 4 of the General
Government Committee Report, as he owns a business in Historic Downtown
Bowmanville. Councillor Hooper muted his audio and video and refrained from
discussion and voting on the matter.
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May 25, 2021
Council Minutes
4
Resolution # C-183-21
Moved by Councillor Jones
Seconded by Councillor Neal
That the delegation of Mark Canning and Gord Gill, Clarington Entertainment
Complex, Joey's World 'et al' be received with thanks;
That Clarington Council endorse the COVID-19 Rapid Screening Initiative for
small and medium sized businesses and thank the Clarington Board of Trade and
Community Services for their support of the program;
That Clarington Council urgently request the Province of Ontario and the Ontario
Chamber of Commerce to expand the Rapid Screening Initiative (which screens
employees) to include customers and that Clarington is willing to be a pilot project
site; and
That a copy of this motion be forwarded to Premier Doug Ford, MPP Lindsey
Park, MPP David Piccini, all Durham Municipalities and Durham Region Health
Department.
Carried
Councillor Hooper returned to the meeting.
Item 2 - On-Farm Special Events Licensing By-law
Resolution # C-184-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report LGS-018-21 be received for information;
That Section 2.6 of the by-law be amended by deleting the words "On-farm
Special Event License" and replacing with the words "Zoning Permission";
That Section 3.6 of the by-law be amended by deleting the words "The Director is
authorized to issue or refuse to issue any licence, either with or without
conditions" and replacing with the words "The Director is authorized to issue,
suspend or revoke any licence in accordance with Section 151 of the Municipal
Act, and to refuse the issuance of any licence if there has been a previous
material breach of the licence, or in accordance with Section 3.9 of this By-law,
including conditions consistent with the zoning";
That Section 3.7 of the by-law be deleted;
That Section 3.12 of the by-law be amended by deleting the words "November 1"
and replacing with the words "December 31";
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May 25, 2021
Council Minutes
5
That the site plan agreement for Bloom Field Gardens be amended to require
proof of liability insurance in the amount of no less than $5 million, and that the
owner will maintain a valid Ontario farm business registration number for the
property; and
That the proposed On-farm Special Events Licensing by-law attached to Report
LGS-018-21, as amended by the recommendations from the General Government
Committee meeting, be further amended to insert a new section 1.7 as follows:
1.7 This By-law does not apply to any property that was granted land use
planning approval for On-Farm Special Events on a date prior to the
date of enactment of this By-law, until such time as the property is
made subject to an arm’s length transfer.
That the by-law, as amended, be brought forward for adoption.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried as Amended on a recorded vote, see following motions (5 to 2)
Amendment:
Resolution # C-185-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGL-018-21 to be referred to Staff to report back to the June 21,
2021, General Government Committee meeting to provide further details on the
proposed licensing exemption for Bloom Field Farms and requests made by Ms.
Meszaros during her delegation.
Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
Motion Lost on a recorded vote (3 to 4)
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May 25, 2021
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6
Amendment:
Resolution # C-186-21
Moved by Councillor Anderson
Seconded by Councillor Traill
That the foregoing Resolution #C-184-21 be amended by adding the following at
the end:
"That the licensing period to be extended to three years instead of the
current one year period."
Carried
The foregoing Resolution #C-184-21 was then put to a recorded vote and carried
as amended.
Item 11 - Supply and Delivery of One Single Axle and Four Tandem Axle Cab
and Chassis Units
Resolution # C-187-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-022-21 be received;
That Winslow Gerolamy Motors Limited with a bid amount of $1,322,556.40 (Net
HST Rebate) being the lowest bidder meeting all terms, conditions and
specifications of CL2021-7 be awarded the contract for the Supply and Delivery of
One Single Axle and Four Tandem Axle Cab and Chassis Units;
That the total funds required for this project in the amount of $1,337,820.40 (Net
HST Rebate) include $1,322,556.40 (Net HST Rebate) for snow removal
equipment costs and other costs such as radios, GPS units, Clarington decal
lettering and striping in the amount of $15,264.00 (Net HST Rebate) be funded by
the Municipality as follows:
Description Account Number Amount
Fleet Replacement Roads - (2020) 110-36-388-83642-7401 $500,000
Fleet Replacement Roads - (2021) 110-36-388-83642-7401 837,820
That all interested parties listed in Report FSD-022-21 and any delegations be
advised of Council’s decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Traill, and Councillor Zwart
No (1): Councillor Neal
Carried on a recorded vote (6 to 1)
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May 25, 2021
Council Minutes
7
Item 13 - Lambs Road Interchange Study
Resolution # C-188-21
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report FSD-024-21 be received;
That the proposal received from CIMA+ having the lowest price meeting all terms,
conditions and specifications of RFP2021-1 be awarded the contract for the
provision of engineering services required for the Lambs Road Interchange Study;
That the funds required in the amount of $226,255.22 (net HST rebate) be drawn
from the following accounts:
Lambs Rd Interchange at Highway 401
Environmental Assessment
110-32-330-
83444-7401 $226,255
That all interested parties listed in Report FSD-024-21 and any delegations be
advised of Council’s decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
Item 15 - Scanning and Conversion Services
Resolution # C-189-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That Report FSD-027-21 be received;
That DOCUdavit Solutions with a total bid amount for the initial two-year term of
$176,470.16 (Net HST Rebate), and a potential five-year contract value of
$441,175.40 (Net HST Rebate), subject to change based on requirements and
price increases not exceeding the applicable CPI, being the lowest compliant
bidder meeting all terms, conditions and specifications of tender CL2021-10 be
awarded the contract for the provision of scanning and conversion services as
required by the Municipality;
That the funds expended for these services, be funded from respective
department’s approved operating budget as required;
That, pending satisfactory service the Purchasing Manager, after consultation with
the respective Department Head, be authorized to extend the contract for up to
three additional one-year terms; and
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May 25, 2021
Council Minutes
8
That all interested parties listed in Report FSD-027-21 and any delegations be
advised of Council’s decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Traill, and Councillor Zwart
No (1): Councillor Neal
Carried on a recorded vote (6 to 1)
11.3 Planning and Development Committee Report of May 17, 2021
Resolution # C-190-21
Moved by Councillor Anderson
Seconded by Councillor Neal
That the recommendations contained in the Planning and Development
Committee Report of May 17, 2021 be approved on consent, with the exception of
item 2 and 7.
Carried
Item 2 - Southwest Courtice Secondary Plan – Recommendation Report for
Official Plan Amendment 125
Resolution # C-191-21
Moved by Councillor Neal
Seconded by Councillor Traill
That Report PSD-027-21 be received;
That Official Plan Amendment 125 (OPA 125) to include the Southwest Courtice
Secondary Plan in the Clarington Official Plan be adopted;
That upon adoption by Council, the Southwest Courtice Secondary Plan be
implemented by Staff as Council’s policy on land use and planning matters and
through the capital budget program;
That the Director of Planning and Development Services be authorized to finalize
the form and content of OPA 125, the Secondary Plan and the Urban Design and
Sustainability Guidelines resulting from Council's consideration, public
participation, agency comments and technical considerations;
That the Urban Design and Sustainability Guidelines appended to the Secondary
Plan be approved and be used by staff to guide development applications and
public projects;
That the Director of Planning and Development Services be authorized to execute
any agreements to implement the Secondary Plan once adopted by Council;
That OPA 125 be forwarded to the Region of Durham for approval;
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9
That Council close the unopened road allowance legally referred to as:
Firstly: Part of the road allowance between Lots 34 and 35, Con 1
(Darlington), now Part 1 on 40R-31088, Municipality of Clarington;
Secondly: RDAL BTN LTS 34 & 35, Con 1 (Darlington) btn Hwy 401 &
d502897; Municipality of Clarington;
That the unopened road allowance portions be conveyed to the contiguous
landowners for an equivalent amount of land from the developers; and
That all interested parties listed in Report PDS-027-21 and any delegations be
advised of Council’s decision regarding the adoption of the Secondary Plan.
Carried as Amended, Later in the meeting, See following motions
Recess
Resolution # C-192-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 8:31 p.m. with Mayor Foster in the Chair.
Amendment
Resolution # C-193-21
Moved by Councillor Neal
Seconded by Councillor Traill
That the foregoing Resolution #C-191-21 be amended by adding the following as
a new Paragraph 3:
"That, at the time of the first development application and as part of a
complete application, the applicant(s), working together with the
Landowners Group, the Conservation Authority, and the Municipality,
shall submit a detailed Trail and Active Transportation Plan which is to
include: trail locations/designs, bike lanes, multi-modal pathways and any
other necessary active transportation elements and any associated
background reports, all to the satisfaction of the Municipality, in order to
achieve the goal of connectivity to the Courtice waterfront for active
transportation. This will include if necessary, a multi-use path abutting
Prestonvale Road, and east to Courtice Road along the extended
Townline Road."
Carried
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10
Amendment
Resolution # C-194-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-191-21 be amended by adding the following at
the end of Paragraph 9:
"including (if necessary, based on the required noise studies) a land
exchange of the municipal right of way to provide additional noise buffering
beyond the minimum 30 metres along the southern boundary of the
medium density block proposed on the cemetery lands."
Carried
The foregoing Resolution #C-191-21 was then put a vote and carried as
amended.
Item 7 - Sprinkler Systems
Resolution # C-195-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
Whereas the Provincial government brought in legislation, in 2010, requiring that
building permit applications for multiple-unit residential buildings higher than three
storeys submitted must comply with the new fire sprinkler requirements;
And whereas sprinkler systems have been shown to dramatically reduce fire
losses;
And whereas other types of dwelling units are in need of the same fire protection;
Now therefore be it resolved that the provincial government be requested to
amend the Ontario Building Code to make sprinkler systems mandatory in new
buildings.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Traill, and Councillor Zwart
No (1): Councillor Neal
Carried on a recorded vote (6 to 1)
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11
12. Staff Reports
12.1 Report FSD-028-21 - RFP2021-4 Centralized Customer Service Review
Consulting
Resolution # C-196-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-028-21 be received;
That CSPN with a bid amount of $128,039.52 (Net HST) providing the lowest
overall cost and meeting the passing threshold and all terms, conditions and
specifications of RFP2021-4, be awarded the contract for the provision of
Consulting Services as required to complete the Centralized Customer Service
Review for the Office of the Chief Administrative Officer;
That the funds required for this project in the amount of $128,039.52 (Net HST) be
funded by the grant received from the Provincial Government; and
That all interested parties listed in Report FSD-028-21 and any delegations be
advised of Council’s decision.
Carried
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
15. By-laws
15.1 2021-049 - Being a by-law to license On-Farm Special Events
Resolution # C-197-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-049 as amended; and
That the said by-laws be approved.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
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12
16. Procedural Notices of Motion
17. Other Business
Councillor Neal enquired about the parking and traffic issues at the food trucks on
Taunton Road in Hampton.
Councillor Neal enquired about contractors using roads as storage areas for items
such as bins and gravel on the road.
Councillor Hooper inquired about the LPAT approved anaerobic digestor in
Oshawa. He asked if they would accept garbage from Toronto and if this will
reduce the waste going to the Energy From Waste Facility. He asked if this could
be discussed at Regional Council.
Councillor Traill enquired if the Region of Durham intends to proceed with their
anaerobic digestor project in Clarington as there are now two anaerobic digestors
approved for the Region of Durham.
18. Confirming By-Law
Resolution # C-198-21
Moved by Councillor Hooper
Seconded by Councillor Traill
That leave be granted to introduce By-law 2021-050, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 25th day of May, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-199-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the meeting adjourn at 9:27 p.m.
Carried
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1
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Accessibility Co-ordinator at 905-623-3379 ext. 2131
Special Council Meeting
Minutes
Date:
Time:
Location:
May 31, 2021
2:23 PM
Council Members (in Council Chambers or MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart
Regrets: Councillor C. Traill
Staff Present: A. Allison, J. Newman, L. Patenaude, R. Maciver
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 2:23 p.m.
2. Land Acknowledgement Statement
Councillor Anderson led the meeting in the Land Acknowledgement Statement.
4. Committee Reports
4.1 Special General Government Committee Meeting of May 27, 2021
Resolution # C-200-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the recommendations contained in the Special General Government
Committee Report of May 27, 2021, be approved.
Carried
Page 17
May 31, 2021 Special Council Minutes
2
5. Confirming By-law
Resolution # C-201-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-051, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a special
meeting held on the 31st day of May, 2021; and
That the said by-law be approved.
Carried
6. Adjournment
Resolution # C-202-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the meeting adjourn at 2:28 p.m.
Carried
Page 18
Clarington Heritage Committee
Minutes
May 18, 2021
*Subject to Advisory Committee Approval*
- 1 -
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Minutes of the Clarington Heritage Committee held via Microsoft Teams on May 18,
2021, at 7:00 PM.
Members Present were: Peter Vogel, Victor Suppan, David Reesor, Ron Sproule,
Noel Gamble, Steve Conway, Myno Van Dyke (NVDHS),
Jason Moore (ACO), Bob Malone (NVDHS), Katharine
Warren (Museum)
Regrets: Jason Moore (ACO), Bob Malone (NVDHS), Councillor Ron
Hooper
Staff Present: Faye Langmaid, Sarah Allin, Andrew Payne, Planning and
Development Service
Guests: None
1 Declaration of Interest
There were no disclosures of interest stated at this meeting.
2 Land Acknowledgement Statement
P. Vogel read aloud Clarington’s Land Acknowledgement Statement.
3 Adoption of Agenda
21.22 By Consensus
That the Agenda be adopted
“Carried”
4 Adoption of Minutes of Previous Meeting
21.23 By Consensus
That the minutes of the April 20, 2021 Clarington Heritage Committee
meeting be adopted, with the clarification to Item 6.2 (Heritage Trees) that the tree
located at 6320 Old Scugog Road is an Oak tree.
“Carried”
5 Delegations/Presentations: None
6 Business Arising
6.1 Red Oak Tree at 21 Beech Avenue
The Minutes of the April 20, 2021 Heritage Committee meeting were before
Council on May 3rd. Council appreciated the input from the Committee. The matter
was referred to Public Works for a staff report on the maintenance and costs
Page 19
Clarington Heritage Committee
Minutes
May 18, 2021
*Subject to Advisory Committee Approval*
- 2 -
associated with the mitigation measures to preserve and extend the life of the tree.
There is no date for the report as of yet.
6.2 Heritage Trees
V. Suppan indicated Committee members are reviewing inventory photos to
identify potential heritage trees to be added to the Heritage Tree List. The
Committee expressed its thanks to D. Reesor and K. Murphy for taking the photos.
Committee members noted there are currently supports on the oak tree located at
6320 Old Scugog Road, drawing comparison to the red oak tree at 21 Beech
Avenue.
M. Van Dyke identified a tree located on Edward Street in Newcastle that was
planted on May 12, 1937 as part of the coronation day ceremonies of King George
VI. Several trees were sent from England to Newcastle to be planted at local
schools. There are also trees on George Street and Morgan Road. M. Van Dyke
is writing a story on this subject for the Newcastle District Historical Society
(NVDHS) Newsletter and will share with the Committee.
F. Langmaid noted the Trees for Rural Roads program was started in Clarington
and has since spread to Hamilton Township and Port Hope. It is based on an old
practice whereby farmers were paid to relocate trees from their woods along roads
in the 1880s. By the early 21st century, many of the trees has reached the end of
their life. Clarington began the Trees for Rural Roads Program to encourage the
replacement of these trees. Recently, Ontario was sent Vimy Oak trees as part of
the Vimy Ridge centennial memorials, some of which have been planted in Port
Hope. Staff will provide the Committee background information on the Trees for
Rural Roads Program.
6.3 Fletcher Tree
No update for this standing agenda item.
6.4 Proposed OPA/ZBA at 40 Station Street
The Municipality’s cultural heritage consultant, ARA, has been retained to
undertake a site visit and prepare a designation report to support the update to the
designation by-law for the property. The designation report will be brought to the
Committee upon completion.
Committee members inquired about when the front portico may have been added
to the dwelling, and whether there was a permit issued for the works. Staff will
report back on this at the June meeting.
6.5 Update on 81 Scugog Street
Committee members discussed whether it would be beneficial for a member of the
Committee to approach the owner regarding the required repairs to the designated
features, given there was no response to the previous letter that was sent. If the
dwelling is owner-occupied, this may be helpful. Staff will consider prior to issuing
a subsequent letter.
Page 20
Clarington Heritage Committee
Minutes
May 18, 2021
*Subject to Advisory Committee Approval*
- 3 -
6.6 Microfiche Records
Staff has been in contact with the Ministry regarding the Committee’s interest in
obtaining the Land Registry Office’s hard copy records for Clarington given they
are now operating entirely online. Staff was advised the Ministry is currently
undertaking an inventory and appraisal of the records, which is expected to be
completed in the next 1-2 years and are not considering disposing of any records
at this time. Staff will re-connect in next year to obtain a status update.
Committee members highlighted the records would be a valuable asset to the
community if they were able to be housed in the Library and look forward to the
day when they might become available.
7 Correspondence and Council Referrals: None
8 Reports from other Committees
8.1 Bowmanville, Newcastle, and Orono CIPs – The CIP Liaison Groups are meeting
later this month. Summaries of the meetings items will be provided at the June
meeting. Staff provide a brief overview of the proposed Amendment to the COVID-
19 Community Improvement Plan, for which the Public Meeting is being held on
June 7.
8.2 Architectural Conservancy of Ontario (ACO), Clarington Branch – Ehrenwort Trail
tours have not been confirmed yet, given the current COVID019 restriction. There
is an upcoming meeting to decide on plans for Doors Open Clarington, which
would have been held on June 9. The next ACO meeting is scheduled for June 9.
In person tours are unlikely, and a virtual format is being considered.
8.3 Newcastle Village District Historical Society (NVDHS) – Digitization project
continues to progress remotely as the room is still closed. The Newcastle
Community Hall restoration is complete, and the Hall is ready for its 100th
Anniversary next year. M. Van Dyke is a member of the Committee that has been
established to recognize the anniversary.
8.4 Museum – A Library Board has not met since the last Heritage Committee
meeting. The Museum remains closed to the public. Information can be requested
and picked up. Works continue at Waverly Place, at which a tree was recently
planted by the Bowmanville Horticultural Society through a grant.
8.5 Heritage Conservation District Advisory Committee – See Item 6.1, above.
8.6 Wilmot Creek Heritage Park – V. Suppan heard back from the Ministry of Natural
Resources (MNR) requesting information about the MNR lands abutting Wilmot
Creek purchased in 1967. The information will be shared once received.
Staff advised the Municipality recently hired the new Landscape Architect who will
be involved in the Wilmot Creek Heritage Park.
Page 21
Clarington Heritage Committee
Minutes
May 18, 2021
*Subject to Advisory Committee Approval*
- 4 -
9 Project Reports
9.1 The sub-committee provided the following information for the Committee’s
consideration:
Update for the McGill Memorial Gates: The sub-committee provided additional
information regarding the McGill Memorial gates suggesting the materials of
construction. Specifically, the granite piers were likely constructed from Scotch
Aberdeen Granite, rather than Stanstead Grey, and made by the Bounsall
Company in Bowmanville. Scotch Aberdeen Granite was stocked by the Bounsall
Company at the time of the gates’ construction and is of very high quality and
rather rare. The sub-committee would like this additional information noted in
support of the Committee’s previous recommendation for designation of the
McGill Memorial Gates (1550 Haines Street). It was also noted the 1878 Atlas of
Durham Region includes an illustration of Bounsall’s Monuments.
40 Station Street: The sub-committee completed its evaluation of the property
and provided it to staff. Staff has forwarded the information onto ARA to inform
their work.
1550 Baseline Road: The sub-committee evaluated Trulls Pioneer Cemetery and
recommended as follows:
21.24 Moved by V. Suppan, seconded by K. Warren
That the Heritage Committee recommends to Council that Trulls Pioneer Cemetery,
located at 1550 Baseline Road, be considered for Part IV designation based upon its
value as a cultural heritage landscape.
“Carried”
9.2 Outreach/Education Sub-committee:
Cultural Heritage Information Stations Initiative: The sub-committee met prior to
the CHC meeting to discuss the direction for the project. The sub-committee has
some homework to do before bringing the information back to the full Committee;
including a better name for the project.
New Business
9.3 4478 Highway 35/115, Orono: A request has been received from the owner to
repeal the designation by-law on this property. The owner has cited difficulties with
and high cost of insuring the property as rationale for the request. The owner will
be attending the June Committee meeting.
Staff noted this is not the first time the issue with insurance has be identified and
explained there can be confusion relating to the commitment to replace a heritage
building in ‘like kind and quality. Committee members discussed a range of
experiences as it relates to insuring a heritage home; some homeowners have not
Page 22
Clarington Heritage Committee
Minutes
May 18, 2021
*Subject to Advisory Committee Approval*
- 5 -
had any issues, while others have had great difficulty. This matter will be added as
an agenda Item at the June meeting.
Adjournment: 8:40 p.m.
Next Meeting: June 15, 2021, 7:00 p.m.
Page 23
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington May 13, 2021
Agricultural Advisory Committee of Clarington Meeting
Thursday, May 13, 2021
Members Present: Eric Bowman John Cartwright Don Rickard
Tom Barrie Ben Eastman Brenda Metcalf
Richard Rekker Jordan McKay Councillor Zwart
Regrets: Henry Zekveld, Jennifer Knox, Ryan Cullen
Staff: Amy Burke, Faye Langmaid, Andrew Payne, Ryan Windle -
Planning & Development Services
Guests: Kiersten Allore-Engel, Planning and Economic Development,
Region of Durham
Observers: Mayor Foster; Allison Brown and Stacey Jibb, Region of Durham –
Planning & Economic Development; Kirk Kemp; Charles Stevens;
Beth Meszaros; Martha Vandepol; Jim Abernethy
Due to COVID 19 restrictions and to ensure social distancing, participation in the
meeting was electronic (using Microsoft Teams) and by conference call.
Eric welcomed all to the meeting, with introductions of Committee members.
Declarations of Interest
Staff reported back to the Committee in response to their request from the May meeting
to consider removing the Declarations of Interest item from future Committee agendas.
Staff recommended that the Declaration of Interest item remain on the agenda as their
may be instances where a member chooses to declare an actual, potential or a
perceived conflict based on what the individual feels is appropriate. The Committee was
made aware that they had the option to remove the standing agenda item at any time,
by motion, as they are not a “local board” for the purposes of the Municipal Conflict of
Interest Act or the Municipal Act.
Adoption of Agenda
021-11 Moved by Tom Barrie, seconded by Brenda Metcalf
That the Agenda for May 13, 2021 be adopted.
Carried
Page 24
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington May 13, 2021
Approval of Minutes
021-012 Moved by Don Rickard, seconded by Richard Rekker
That the minutes of the April 8, 2021 meeting be approved.
Carried
Presentation
Kiersten Allore-Engel, Senior Planner, Planning and Economic Development,
Region of Durham – Envision Durham – Proposed Policy Directions: Kiersten
Allore-Engel provided a PowerPoint presentation, providing a brief update on Envision
Durham – the Municipal Comprehensive Review of the Regional Official Plan, and an
introduction to the proposed policy directions relating to the Strategic Direction of a
Thriving Rural System. She reviewed the policy framework, review approach, and
timelines. Ms. Allore-Engel then provided an overview of proposed policy directions to:
i) Incorporate provincial guidelines on permitted uses in prime agricultural areas
into the Regional Official Plan;
ii) Consider cannabis cultivation and both on-site and larger scale cannabis
processing;
iii) Update rural severance policies;
iv) Enhance aggregate resource rehabilitation requirements; and
v) Implement the provincial Agricultural System and Agri-food network.
Information on Envision Durham, including the Proposed Policy Directions document,
are available on the Region’s website at www.durham.ca/envisiondurham. The
deadline to submit comments on the proposed policy directions is June 30. An online
survey to collect comments is available at www.durham.ca/envisiondurhamdirections.
The Committee asked questions of clarification relating to lot severance policies, and
thanked Ms. Allore-Engel for her presentation.
Delegations
Charles Stevens regarding Consideration of Deletion of Special Study Area 2
from the Official Plan: A written copy of Mr. Stevens delegation was circulated to
Committee members prior to the meeting (Attachment 1).
Kirk Kemp regarding Consideration of Deletion of Special Study Area 2 from the
Official Plan: A written copy of Mr. Kemp’s delegation was circulated to Committee
members prior to the meeting (Attachment 2).
Page 25
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington May 13, 2021
Business Arising from Minutes
Regulation of On-Farm Special Events: Staff provided the Committee with an update
on Councils consideration of an on-farm special events licencing by-law, including
amendments made by Council since the first draft was introduced. The licencing by-law
received by General Government Committee on May 10, 2021 will be considered for
ratification by Council on May 25, 2021.
Consideration of Deletion of Special Study Area 2 from the Official Plan: Staff
updated the Committee on the direction of Council from the Public Meeting held on April
26. Staff will report back to Council with a recommendation report at Planning &
Development Committee on May 17 at 7:00 pm. The Committee considered the prior
resolution passed by the AACC in August 2011 as well as their discussions to date on
this matter.
021-013 Moved by Tom Barrie, seconded by Brenda Metcalf
Whereas the Agricultural Advisory Committee of Clarington brought forward a resolution
in August 2011 requesting the inclusion of additional policies in the Clarington Official
Plan respecting growth management and support for agriculture;
Whereas Clarington’s Official Plan Review – Countryside Discussion Paper (August
2013) proposed study of the “whitebelt” lands using the Land Evaluation and Area
Review (LEAR) evaluation system model to help identify Prime Agricultural Areas using
area specific data and ground truthing and to verify the type of future uses that should
occur in the areas between the existing urban centres;
Whereas the Province in 2015 issued the agricultural land systems mapping through the
Ministry of Agriculture, Food and Rural Affairs, which demonstrates the agricultural
capability of the lands and can be used to assist in determining Agricultural Impact
Assessments;
Whereas Clarington Council, in response to the 2015 Co-ordinated Review of Provincial
Planning Policy requested the Province to review the potential to further protect high-
quality agricultural lands through the expansion of the Greenbelt based on a scientific
evaluation of the production capability of the lands between the Greenbelt and urban
boundaries in Clarington;
Whereas the Province took no action on including these highly productive agricultural
lands in Clarington; and
Whereas Clarington Council is now considering the deletion of policies in the Clarington
Official Plan to grow the Greenbelt and support Council’s 2015 request in response to
concerns from property owners regarding potential impacts of Greenbelt expansion in
Clarington, that already covers 81 per cent of the Municipality’s land area;
The Agricultural Advisory Committee of Clarington recommends Council focus its
protective effort on the lands between Bowmanville and Newcastle, by ensuring:
Page 26
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington May 13, 2021
1. That growth be provided through intensification and redevelopment, and within
the existing urban boundaries;
2. That impacts from settlement areas on agricultural operations be mitigated;
3. That all types, sizes and intensities of agricultural uses and normal farm practices
be promoted and protected in accordance with Provincial Standards; and
4. That stringent tests for the consideration of urban boundary expansions into
Prime Agricultural Areas be established, including soil capability (e.g. avoid
Classes 1, 2 and 3 soils, in this order of priority) and other key factors, such as
those considered by the LEAR evaluation system model.
And further, that additional incentives to promote long term agricultural use of these
lands be considered.
Carried
Correspondence, Council Items and Referrals
Durham Region 2021 Business Count: Durham Region is conducting a business
count from May through August as part of their annual project to gather employment
statistics. The 2021 Business Count is being conducted through an online or phone
survey. For information, visit www.durham.ca/BusinessCount.
Notice of Recommendation Report regarding Special Study Area – Greenbelt
Expansion: Considered earlier in the meeting (refer to Business Arising from Minutes).
A copy of this notice and a copy of the recommendation report (PDS-029-21) was
circulated to the Committee prior to the meeting.
Universal Broadband Fund – Durham region projects funding announcement:
Announcement of the Government of Canada’s investment through the Universal
Broadband Fund to bring high-speed internet to Durham Region was relayed to the
Committee. In response to questions from the Committee, Staff will seek out
information from the Region of Durham about the relationship of this funding
announcement to the Region’s ICON application, which the Committee supported in
2020.
Notice of Public Meeting – Community Improvement Plan Amendment: The
Committee was informed that the Municipality is proposing to amend the COVID-19
Community Improvement Plan (CIP), which Council adopted in October 2020. The
proposed revisions would modify the COVID-19 CIP, including the Financial Incentive
Program general eligibility and means test criteria to better support qualifying local
businesses with COVID-19 -related improvements, in accordance with the goals of the
CIP. The Public Meeting will be held on Monday June 7 at 7:00 pm. Details are
available at www.clarington.net/FinancialSupport.
Page 27
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington May 13, 2021
Liaison Reports
Durham Agriculture Advisory Committee: Tom Barrie provided an update from the
April 13 and May 10 DAAC meetings in his emails to all prior to the meeting. No further
discussions by the Committee.
Durham Region Federation of Agriculture: Richard Rekker provided an update from
the April 23 DRFA meeting in his email to all prior to the meeting. No further discussion
by the Committee.
Durham Farm Connections: Brenda Metcalf informed the Committee that the
Facebook Live virtual farm tours are continuing through November 2021, and continue
to draw great interest (www.facebook.com/DurhamFarmConnections). The annual
Celebrate Agriculture Gala will take place on October 28. The Celebrate Agricultural
Awards for 2021 and 2020 will be handed out at the event. The event format (virtual or
in person) will be confirmed closer to the event date. Nominations for 2021 award
recipients are now being accepted. Email info@durhamfarmconnections.ca for a
nomination form.
The Committee enquired whether the 2020 award winners will be released prior to the
close of 2021 nominations, so that nominations could potentially be made again for
nominees who were not successful in 2020. Brenda will speak with the organizing
committee and report back at the next AACC meeting.
Clarington Board of Trade: None
New Business
None.
Next Meeting
Thursday, June 10, 2021 @ 7:30 pm (Virtual Meeting)
Guest: Margaret Walton, Planscape re: Envision Durham – Agricultural Systems
Mapping Review
Page 28
Good Afternoon,
I would like to take this opportunity to submit a response to the province’s growing the
Greenbelt consultation.
Before making comment, I would like to provide you with some of my background. The
Stevens family has farmed in the Bowmanville/ Newcastle area since 1810; contributing
to the community and the economic growth of the province. At present we farm 250
acres in the largest zoned urban area in the GTA. Of the 164 acres that we own, we
grow 2 perennial crops; apples and blueberries, both of which are dependent on the
specific microclimate and unique soil properties that exist in this area. In addition, our
small horticultural farm has contributed approximately $7,650,00 to the GDP each year
in Ontario. This value obviously varies depending on the marketplace and Mother
Nature.
The area between Bowmanville and Newcastle is considered prime#1 agricultural land;
the best in Canada. With the existing concerns over the environment; it has been well
realized that the addition of trees has a positive impact to our overall climate. Scientific
evidence from Cornell University shows how apple orchards contribute to that positive
environmental foot print for climate change. Durham region is one of largest apple
growing areas in the province. Both of our crops are very efficient in putting CO2 back
into the soil.
While I understand that there are farmers not in favour of the Greenbelt; it is my opinion
that the Greenbelt is the only way to protect and sustain our future source of food. The
Greenbelt was very successful in protecting Niagara’s grape industry and therefore, I
believe, would be equally successful for other agricultural commodities.
If the Greenbelt plan is to provide protection of prime agricultural land, then developing
our best agricultural land makes little sense. On the other hand, placing #4 to #7 soil
areas in the Greenbelt; areas inefficient at producing food, would be more appropriately
placed in areas for development.
My ask today is that, as a farmer of 45 years, I am able to have my farm be in the green
area of the plan. I am currently finalizing a Succession plan to pass this operation to 3
passionate young people who recognize the value of farming and contributing to our
future food sustainability.
Respectfully,
Charles Stevens
Wilmot Orchards Inc.,
Newcastle, Ontario
Page 29
From:Kirk Kemp
To:Burke, Amy
Subject:Special study area 2
Date:May 11, 2021 2:27:02 PM
EXTERNAL
Members of the Ag Advisory Committee, ladies and gentlemen thanks for the opportunity to
speak to you about this important matter. I have a number of points I want to cover and
I will try to be brief . 1/. Proper notice to put all the white belt lands in Special Study Area 2.
was not given to land owners. I had no idea this area was created until long after the fact. This
is not fair. . 2/ . Our family paid white belt price for this land and changing to green belt will
devalue our land and cause financial hardship. Our bank has told us they will require more
assets to secure the loans on these farms. 3/. Taxpayers are investing billions of dollars in
infrastructure. 407/ Go train /New Hospital to accommodate the future growth of our
community , not to restrict it. Council supported all those infrastructure investments so why
would we want to take 9500 acres out of future employment and residential development.
This development would allow our children, grand children and great grand children a place to
work and live. . 4/ Farmers who want their land to be green belt have several ways to protect
their land from development. Nothing is stopping them from doing so. And I respect their
views and encourage these farmers who want to protect their land for farming forever to do
so. But don't ask the other land owners to sacrifice their investments by trying to green belt
their land . 5/ There's enough farmers who want to have their land stay into farming that will
give a good buffer between Bowmanville and Newcastle if that's what some people think
would be nice. . 6/The farm land west of Bowmanville is classfied as rural area ( which is Class
1 class 2 and Class 3 land ) Land between Bowmanville and Newcstle is made of of different
classes of land as well. It's certainly not all Class 1 land. Land classifications are out dated.
They haven't been updated in over 50 yrs. Farmers have done many things in the past 50 yrs
to improve the fertility of the land. We farm land on Maple Grove rd,Holt rd, Rundle rd, Solina
rd and Courtice rd. As well as several farms east of Bowmanville and the yield is no different
and size of fruit is no different. Land quality is the same. 7/ If we give up several thousand
acres of land for future development in Clarington our friends in Pickering will run to Durham
Region and Queens park and request a swap , our land out and their land in for development
and net change to green belt is zero. So how would that protect farm land? They will
emphasize extra land is needed to support new airport and growth demands within our
region. . 8/. These decisions we make today should be made thinking 100 yrs ahead not 20 or
30 yrs. 9/ People argue residents want a green space between the towns. Of course if you ask
someone would you like to see the fields remain green. They are going to say yes. Why
wouldn't they. They already have their home. They forget their house was built on a farm
field. 10/. The argument that we need to save farm land is a good one but not practical. If we
reduce land in Clarington where development can happen. It will just go to surrounding
communities and the net result is we saved no farm land. And all we did was choke off
Page 30
economic development in our area and give it to another community. In closing we need to
think big picture and look long into the future. We are not short of farm land in the world.
People are going hunger mostly because of corrupt government leadership. . 50 yrs from now
most of the field fruits and vegetables will be grown in greenhouses requiring a fraction of the
land we use now. This type of farming is really expanding in Ontario . Thanks for the
opportunity to give my points and some more facts on this important matter. Kind regards Kirk
Sent from my BlackBerry 10 smartphone on the Bell network.
Page 31
Newcastle Memorial Arena Management Board
Municipality of Clarington
Minutes of Meeting – Tuesday, May 11, 2021
(Via telephone conference - Not yet approved by committee)
In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager
Shane Armstrong, Shea-Lea Latchford, Gary Oliver, Todd Taylor, Jim Vison, Councillor
Margaret Zwart
Regrets – Councillor Granville Anderson, Sue White
1. Agenda - Motion #21-011
Moved by Todd Taylor, seconded by Shane Armstrong THAT: The Agenda be accepted
as proposed.
CARRIED
2. Acceptance of Minutes - Motion #21-012
Moved by Jim Vison, seconded by Gary Oliver THAT: The minutes of April 13, 2021 be
approved as presented with the attached memo from George Acorn.
CARRIED
3. Manager’s Report – Bryan will do the ORFA recertification in June and the First Aid
training has been booked with the Municipality. The Chiller replacement has been
rescheduled for July 22nd . Berg Refrigeration has been selected to replace the chiller.
Rentals/Revenue – With the provincial lockdown there are no rentals. Most advertisers’
accounts are current. Repairs/Maintenance/Renovation- We were informed the painting of
the building will not be completed by the Municipality this year. The hedge and trees will be
trimmed by Parks Department this summer. Bryan met with Ken Ferguson and reviewed a
monthly and yearly maintenance plan for the Olympia. The water heater is scheduled for
August 2021, louvre vents replacement are ongoing with the Municipality, and the vent fan
will be replaced. Panic Bar is scheduled for replacement in June/2021 and the firebox will be
replaced with the chiller.
Page 32
2.
4. Financial Report
Todd reported we are on budget with expenses 10/K under budget. Future revenue (Sept –
Dec) – on track on revenues – expenses below forecast. Municipal relief will address facility
expenses and summer maintenance. Follow-up required on the Olympia – replacement and
fuel options.
5. Risk Management – No report currently due to closure.
6. New Business – Ice Rates: Deferred until June’s Agenda. Olympia: deferred to June’s
agenda.
7. Round Table – A round table discussion followed.
8. Adjournment – Motion #21-013– Moved by Todd Taylor, seconded by Jim Vison THAT:
The meeting be adjourned.
CARRIED
Next Board Meeting – Tuesday, June 8, 2021
Meeting adjourned at 8:15 p.m.
Page 33
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
May 11, 2021
David Bouma, Chair
Newcastle Memorial Arena Management Board
103 Caroline Street West
Newcastle, Ontario
L1B 1H1
david.bouma@cantire.com
Re: Clarification - Tuesday April 13, 2021 Board Meeting Minutes
Dear David:
While reviewing the May 3, 2021 Council Agenda, which included the minutes from the
above noted Management Board Meeting, I noted some information regarding the future
construction of a new arena in Newcastle that requires some clarification.
In summarizing the discussions from our March 19th meeting at Diane Hamre
Recreation Complex where we discussed the need for major upgrades to the arena
floor, rink boards and refrigeration equipment in the near future, the minutes reflected
the following, “However, we were informed that plans for a new arena for 2026 have
now be moved to 2032”.
As I expressed during our phone call on May 3, I do apologize for any
miscommunication with yourself or the Board regarding the timing of any future
expansion at the Diane Hamre Recreation Complex. The Indoor Facility Development
Strategy, presented to Council in January 2017, was a planning tool for staff to identify
future recreation projects and present to Council for consideration. All project details
and dates in the document are subject to change.
The confusion, I believe, arose when I stated we were preparing a report to Council for
the South Bowmanville project and were seeking $50M in funding. Should approval be
given for such a large project, I did indicate it may have an impact on the timing of the
remaining facility projects identified in our Strategy. However, I do want to be clear that
all decisions regarding the type of recreation facility expansion, the location, the project
budget, and the timing are made by Council and not by staff.
For your information, no decision to move forward with a new recreation facility was
made at the General Government Committee meeting on Monday. We have been
directed to report back in the Fall with more specific details on the possibility of
expanding onto the Garnet Rickard Recreation Complex.
Page 34
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page 2
Thank you for the opportunity to clarify my comments. We look forward to working with
the Board and your staff to discuss the major upgrades recommended in the I.B. Storey
report from last September. We plan to prepare the details of this work and estimate the
costs in the coming months and will report to Council this Fall, in advance of the 2022
Budget.
Regards,
George Acorn
Director
Community Services Department
Cc A. Allison – CAO
M. Zwart – Councillor Ward 4
G. Anderson – Regional Councillor Wards 3/4
Page 35
Page | 1
Clarington Diversity Advisory Committee
Thursday, May 27, 2021, 7:00 PM – 9:00 PM
Via Microsoft Teams
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext 2131
Present: Sajida Kadri
Meera McDonald
Lyndsay Riddoch
Rajeshwari Saharan
Laila Shafi
Rachel Traore
Dione Valentine
Councillor Ron Hooper (joined at 7:45 p.m.)
Also Present: Erica Mittag – Community Development Coordinator
Jeff Haskins, Inspector East Division Durham Regional Police
Services
George Acorn, Director Community Services
Candace Hodgson, Customer Service Coordinator
Andrew Payne, Planner I
Alison Jeschke, Communications Coordinator
Regrets: Yasmin Shafi
The meeting called to order at 7:03 p.m.
1. Land Acknowledgement Statement
Meera McDonald read the Land Acknowledgement Statement.
2. Declaration of Interest
Erica spoke to the requirement to disclose any personal interest, if members
are receiving a benefit by the matter being addressed, they need to declare.
May not be required to physically remove from meetings, other than closed
sessions or voting.
Meera asked the committee members if any of the agenda items are of
personal interest or concern. No concerns raised.
This will remain a standing agenda item.
Page 36
Page | 2
3. Review and Approval of Agenda
Moved by Dione Valentine, seconded by Laila Shafi.
That the agenda of the May 27, 2021 meeting be approved.
Carried
4. Review and Approval of Previous Meeting Minutes
Moved by Laila Shafi, seconded by Lyndsay Riddoch.
That the minutes of the meeting of March 25, 2021 be approved.
Carried
5. Welcome and Introductions
Meera welcomed everyone to the meeting. Diversity Advisory Committee
Members, Staff and guest provided introductions.
6. Update from Director of Community Services:
George Acorn shared:
There have been many initiatives related to Diversity and Inclusion over the past
year between the work of the Committee and staff.
Many items have been high profile items such as Indigenous Cultural Awareness
training, LEAD initiative (with Abilities Centre).
7. Presentation – Durham Regional Police Services (DRPS)
Community Safety Advisory Committee
DRPS East Division covers Clarington and some parts of east Oshawa. There
are 120 members in the division; 90 members work in a uniform role, support
related units including Investigative, Traffic Safety and School Liaison,
Undercover and Financial Crimes.
Each division creates a Community Safety Plan, most dominant component is
roadway safety plan which is local, movement of people which is a constant
challenge and an issue; traditional crime reduction and crime prevention through
crime analysis and problem oriented and intelligence gathering to address
instances of crime in community.
Key objective of DRPS is to try to inspire and build trust and confidence in all
communities.
Community Safety Council – formally establish this council to help deal with
issues in the community and resident input to guide us on our plans and
priorities, may intersect with Diversity and Advisory Committee – looking for
representation of one member of the Committee on the Council.
Page 37
Page | 3
Members for this new Council will be selected through an application and panel
process. DRPS would like to request that a member of the DAC (one who is not
thinking of applying to be on the Council) participate as a member of this panel
(would be approx. a one to two week time commitment in August or September).
The Committee will consider these requests at their June meeting and will share
an update on that discussion with Jeff. Erica will share the terms of reference for
the Council with the Committee for review.
Symbols of Hate
In past years, hate crimes reported:
o 2019 – 41 in the Region; 7 in Clarington
o 2020 – 42 in the Region; 7 in Clarington
o 2021 (to date) – 8 in the Region; 0 in Clarington
Criminal code is a challenge to enforce hate crimes since consent of Attorney
General is required for police to move forward on any hate crime investigation,
can be discouraging to find level of resolution or comfort. Few people come
forward because of the process involved. Support is needed to encourage
reporting of those experiencing hate crime in our community to understand what
is happening, ability to address those issues and feel excluded as subjects to
hate crime.
Mental health issues are a medical call, not police call. Violence can be a
component of the situation but it is a case by case situation on who needs to be
engaged and there is a mental health team at DRPS to deal with those in crisis
and to deal with in appropriate and respectful way that we can .
Dr. Barbara Perry has established the Centre on Hate, Bias and Extremism at
Ontario Tech University and is a great resource to the community.
Symbols of hate on personal/private property would be something for police to
review and determine whether there is authority.
Peel Region Police Services has a Victim Service Response unit established that
we could leverage or learn from.
Human Trafficking
DRPS has offered to provide a presentation by a DRPS member who has this
expertise to provide update to this community.
For example, possible suspect not charged identified as a visible minority posted
on social media. This concern was raised at an Anti-Black Racism
Subcommittee meeting. What are the ripple effects of this on the community?
Consider inviting a DRPS member to attend future meeting of the Subcommittee
to discuss.
8. Gender Pronouns and Inclusive Language
Erica shared email memo from Clarington Diversity and Inclusion Staff Team with
Committee in advance of meeting.
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Page | 4
They are looking for considerations of including gender pronouns in email
signatures and corporate approach to inclusion.
Gender identity and expression may differ than the gender/sex identified at birth
biologically, and this was added to grounds of discrimination in Human Rights
Act.
A recommendation was presented to staff leadership team. Input is requested of
the Committee to:
o Support Clarington Diversity and Inclusion Staff Team’s proposal of an
optional gender pronoun initiative for Clarington staff and Council where
gender pronouns are shared in a variety of ways, and is supported with
training and education.
o Support for the concept of an inclusive language resource for Clarington
staff.
o Advise should Clarington staff consider removing prefixes from
communications where a person’s gender identity is not confirmed (for
example, mass mail outs).
o Advise should Clarington’s Diversity and Inclusion Staff Team continue to
investigate the use of prefixes in various situations.
The Committee will review and consider these requests at their June meeting.
9. Council & Community Updates
Update on Symbols of Hate report
This was approved by Council as written. Erica thanked the Committee and the
Subcommittee for their input to the development of the recommendations.
Erica to share additional updates via email with Committee.
Councillor Hooper updates:
Properties outside of Maplegrove Rd and – want to expand Greenbelt.
Municipality of Clarington – June 1 – 30 – Let’s Move Clarington - Participaction
challenge for residents to track activity and move minutes to support Municipal
total, $100,000 prize available to be won!
Clarington Board of Trade – Rapid Testing Kits for small and medium size
businesses, provides free rapid COVID tests.
Ontario Business Improvement Area Association has developed 8
recommendations addressing what they would like to see when re-opening starts
to happen
10. Update on Anti-Black Racism Subcommittee
At their last meeting, the Subcommittee had a discussion regarding collaboration
with Allison Hector-Alexander, Director, Diversity, Equity and Inclusion at the
Region of Durham.
Subcommittee Chair – proposal to look for Co-Chair to be member of
Subcommittee.
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Page | 5
That the Terms of Reference for the Anti-Black Racism Subcommittee be changed from
“The Chairperson of the subcommittee shall be a voting member of the Diversity
Advisory Committee” to the new wording: “Shared leadership of the Subcommittee shall
be two Co-Chairs, one of whom is a voting member of the Diversity Advisory
Committee.”
Moved by Meera McDonald; seconded by Rachel Traore.
Carried
11. Collaboration Initiative Update
Erica provided an update on the working group looking at collaboration with
stakeholders.
The working group discussed what is our purpose for engaging with the various
levels of government and groups.
Goals for engagement were identified as:
o Increase visibility of the Diversity Advisory Committee within the
community
o Build awareness about diversity in our community
o Collaborate / cross promote initiatives
The working group discussed ways to advance these goals could be:
o Design a virtual flyer about the Diversity Advisory Committee
o Share social media posts from partners
o Partner with groups for virtual events
The working group discussed compiling a list of possible partnerships /
organizations to build on existing relationships and look to expand.
The working group would like the Committee to review the list, consider other
groups / stakeholders and identify a group each member could connect with to
have conversations about:
o Share information about work of Diversity Advisory Committee
o Ask if there are any related initiatives, they are working on that we could
collaborate, partner, support in some way
o Consider inviting organization reps to upcoming meeting to share about
their organization and their work
A working list of groups we have connected with in the past / could consider
connecting with in the future:
Regional Municipality of Durham Durham municipalities
Clarington Public Library Clarington Board of Trade
PFLAG Canada Durham Region Local Service Clubs (Rotary, Lions, etc)
School Boards Durham Regional Police Services
Clarington Tourism
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Page | 6
Dione identified that she would connect with Local School Boards. Review the
proposed list of organizations or additions and it can be reviewed / updated at June
meeting.
Reference information to be consistent and is available on the Committee page on
www.clarington.net. Meera will share what she has used for existing partnerships
for consistency in messaging when engaging with our partners.
Meera had an initial discussion with Joe Solway of the Bowmanville Rotary Club and
provided an update:
Rotary Club looking to move away from image to be more reflective of the
diverse community.
Bowmanville Rotary has undersubscribed scholarships available; they are
looking for ways to share this opportunity with the community.
To learn more about how to best support each other, there was an offer to
partner/attend Rotary and Diversity Advisory Committee meetings. Meetings
fall on same date as Diversity meetings which could be worked around.
12. Diverse Groups
The Committee had previously suggested a calendar of events to recognize
various celebrations and observances. This is currently being implemented
by the Municipality’s Communications Team through the corporate social
media channels.
It was suggested that the Committee consider initiatives to recognize and
promote to be visible in all areas of diversity and ensure everyone in our
community has a voice and feels included.
There will be future discussion around other areas of diversity such as gender
identity and the other areas of discrimination as it relates to diversity.
Through these continued discussions, the Committee will work to identify
various forms of interaction with the community to engage through virtual,
social media, and in person events.
13. Annual Diversity Update Report
Erica reviewed highlights of the work of the Committee over the past year
regarding their initiatives and accomplishments which will be included in an
update report with Council at their June 21, 2021 General Government
Committee meeting.
Committee was able to pivot to support community, staff , and council despite
challenges with COVID.
Report includes recognition of the Anti-Black Subcommittee and the
development of strategy and policy, training, virtual event , Indigenous,
symbols of hate, workplan through training and awareness strategy and
funding.
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Page | 7
Erica reviewed with the Committee and inquired if there were any initiatives or
work that was not captured. It appeared to cover off all areas.
Rachel indicated that there is value at end of year in reviewing
accomplishments and what has been delivered.
Erica and Meera to discuss any additional content for the report and how it
will be presented at the June 21, 2021 meeting.
14. Other Business
The Board at Lakeridge Health has created an IDEA Committee (Inclusion
Diversity Equity and Accessibility) and are looking to host focus a group with
various community members to collect thoughts and feedback to make
Lakeridge Health more respectful, inclusive space. There will be a note taker
present to record thoughts and discussion themes but privacy to be
maintained and no individual / identifiable feedback would be shared.
Participation would be voluntary, and you can leave at any time. The focus
group would take place virtually for a group of 6 to 8 people for approximately
40 to 60 minutes. IDEA Committee is looking for representation from this
committee to participate in the focus group of 6-8 people.
Erica will confirm timing of the focus group (June or July 2021?) and will
share with Members.
Members to share their interest with Erica by June 3, 2021.
That the Diversity Advisory Committee appoint 2 members to participate in
Lakeridge Health’s IDEA Focus Groups.
Moved by Dione Valentine; seconded by Rajeshwari Saharan.
Carried
Lakeridge Health is inviting the public to complete an Inclusion, Diversity,
Equity and Accessibility Community Survey to better understand the barriers,
gaps and areas of opportunity within the Lakeridge Health system. The
survey is open until June 19, 2021 and takes approximately 20 minutes to
complete.
Dione shared a personal reflection statement on what happened a year ago
with George Floyd, how we are individuals are doing to help alleviate and
what we are doing to make a difference. She shared a related article that
Erica will include with the minutes of this meeting.
That the meeting be adjourned at 9:52 p.m.
Moved by Meera McDonald, seconded by Lyndsay Riddoch.
Carried
Next meeting: Thursday, June 24, 7:00 PM
Virtually – via Microsoft Teams
Page 42
Committee
Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: GGR-010-21
Date of Meeting: June 14, 2021
Report Subject: General Government Committee Meeting of May 31, 2021
Recommendations:
1. Receive for Information
(a) 9.1 Minutes of the Historic Downtown Bowmanville Business
Improvement Area dated May 13, 2021
(b) 9.2 Minutes of the Newcastle Business Improvement Area dated
May 13, 2021
(c) 9.3 Minutes of the Tyrone Community Centre dated March 17,
2021 and April 21, 2021
(d) FSD-030-21 2020 Building Permit Fees Annual Report
Page 43
Municipality of Clarington Page 2
Report GGR-010-21
2. Error in Report CSD-001-21 Schedule of Rates and Fees - 2021 to 2022
That Communication Item 10.1 be approved, and the fees contained in Resolution
#GG-264-21 be amended as follows:
Program or
Service
Category Unit of
Measure
2020
Fee
2021
Fee
%
Increase
Prime Time Adult 1 hour $222 $224.75 1.24%
Prime Time Youth 1 hour $174 $176.20 1.26%
Non-Prime Time
Sept 1 -Jun 30
Adult 1 hour $166.50 $168.60 1.26%
Non-Prime Time
Sept 1 -Jun 30
Youth 1 hour $118 $119.50 1.27%
Discount Ice
11pm and Later
All 1 hour $128.50 $130.10 1.25%
Skate Patroller Per Staff Per hour $17 $17.25 1.47%
Non Prime Time
July1 – Aug 31
All 1 hour $142 $143.75 1.23%
3. Given Rd Closure and Conveyance
That Report PWD-018-21 be received;
That Part Lot 31, Con 2, Part 3, Part Lots 31 and 32, Con 2 Part 5, Part Lot 32, Con
2, Part 8 and Part Lot 31, Con 2, Part 12 on reference plan 40R-31354, Attachment
No. 1 be declared surplus to the needs of the Municipality;
That Part Lots 31 and 32, Con 2, Part 5 & Part Lot 31, Con 2, Part 12 on Plan 40R-
31354 be conveyed to 2103386 Ontario Limited in exchange for payment of the
appraised value;
That Part Lot 31, Con 2, Part 3 on Plan 40R-31354 be conveyed to Wilmot Creek
Developments Inc. in exchange for payment of the appraised value;
That Part Lot 32, Con 2, Part 8 on Plan 40R-31354 be conveyed to Louisville Homes
Ltd. in exchange for payment of the appraised value;
That the applicants pay all applicable costs and fees for the preparation and
registration of the reference plan, and transfer instruments, including HST;
Page 44
Municipality of Clarington Page 3
Report GGR-010-21
That Council approve the draft By-law attached as Attachment 3 to Report PWD-
018-21 to close and convey Part Lot 31, Con 2, Part 3, Part Lots 31 and 32, Con 2
Part 5, Part Lot 32, Con 2, Part 8 and Part Lot 31, Con 2, Part 12 on Plan 40R -
31354, Attachment No. 1; and
That all interested parties listed in Report PWD-018-21 and any delegations be
advised of Council’s decision.
4. Clarington Seniors Snow Removal Program
That Report PWD-023-21 be received; and
That Staff continue to review and implement ways to improve the Senior’s Snow
Removal Program with respect to its internal working efficiencies and the external
user interface experience.
5. GO Transit Newcastle Village Update
That Report PWD-024-21 be received;
That Council provide direction for Staff to commence the process of demolishing
the former Newcastle fire hall building located at 247 King Avenue East to help
prepare the property for sale, as detailed in report PSD-007-15;
That Staff be directed to notify Metrolinx, the operator of GO Transit who currently
use the property as a bus turnaround, about the requirement to terminate our lease
agreement due to the impending sale of the property; and
That Metrolinx be requested to work cooperatively with Clarington Staff on public
consultation and the implementation of a suitable revised bus route that will
ultimately ensure the continuation of transit service for Newcastle customers.
6. Future of the Tourism Information Centre
That Report CSD-004-21 be received;
That Council approve the permanent closure of the Tourism Information Centre at
181 Liberty Street, Bowmanville;
That Council support the revised Tourism Service Delivery Model, as presented in
this report; and
That Staff continue to investigate future options for the building, that could include
upgrading and re-purposing, relocation or demolition, and to provide all necessary
funds in the 2022 budget, for consideration.
7. Bowmanville Downtown Parking
That Report LGS-019-21 be received;
That courtesy parking in downtown Bowmanville continue to be provided each year
in the month of December with improved signage;
That an amendment to the Traffic By-law be brought forward to discontinue the two-
hour free parking in Municipal lots beginning on January 1, 2022;
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Municipality of Clarington Page 4
Report GGR-010-21
That an amendment to the Traffic By-law be brought forward to increase parking
rates to $1.00 an hour beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to introduce a
maximum daily parking rate of $5.00 for the Division, Silver, Water Tower and
Church St lots beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to establish a two-
hour maximum parking limit in the 20 King St lot beginning on January 1, 2022;
That as part of the 2022 Municipal budget, staff include a proposal for the
procurement of a mobile app service and related equipment to process parking
payments;
That all interested parties listed in Report LGS-019-21 and any delegations be
advised of Council’s decision.
8. Appointment to the Clarington Public Library Board and Heritage
Committee
That Report LGS-020-21 be received;
That the resignation of Terri Gray be received with thanks;
That Heather Graham be appointed to the Clarington Heritage Committee for a
term ending December 31, 2022 or until a successor is appointed; and
That all interested parties listed in Report LGS-020-21 be advised of Council’s
decision.
Clarington Public Library Board
That Nancy Brandon be appointed to the Clarington Public Library Board for a term
ending December 31, 2022 or until a successor is appointed.
9. Unsuccessful Tax Sale
That Report FSD-029-21 be received;
That Council hereby directs the Treasurer to register a Notice of Vesting fo r the
property known as Roll No. 18 17 010 050 10420 0000; Highway 2; PIN 26608 -
0089(LT); PT LT 25 CON 2 DARLINGTON AS IN N78601 (SECONDLY) pursuant
to subsections 379(5b) and (7.1) of the Municipal Act, 2001; and
That the Treasurer be authorized, under Section 354(2) and (3) of the Municipal Act
2001 to write-off taxes as uncollectible and charge back the proportionate amounts
under Section 353(2) and (3) to the Region of Durham and the Province of Ontario.
Page 46
Municipality of Clarington Page 5
Report GGR-010-21
10. Supply and Deliver One Pumper Truck
That Report FSD-031-21 be received;
That Dependable Emergency Vehicles with a bid amount of $798,414.05 (Net HST
Rebate) providing the lowest overall cost and meeting the passing threshold and all
terms, conditions and specifications of RFP2021-3, be awarded the contract for the
Supply and Delivery of One Pumper Truck as required by the Emergency and Fire
Services Department;
That pending satisfactory performance, pricing and budget approval, the
Purchasing Manager, in consultation with the Director of Emergency a nd Fire
Services and the Director of Public Works, be given authority to extend the contract
for up to four additional years after the award of this contract for similar future
pumper truck requirements;
That the estimated funds required for this project in the amount of $800,550.00 (Net
HST Rebate) include $798,414.05 (Net HST Rebate) for the pumper truck and
equipment and other costs such as manuals, radio installations and licensing in the
estimated amount of $2,135.95 (Net HST Rebate) be funded by the M unicipality as
follows:
Description Account Number Amount
EMS Vehicle Replacement –
(2021)
110-28-388-82824-
7401
$800,550
That all interested parties listed in Report FSD-031-21 and any delegations be
advised of Council’s decision.
11. Economic Development Services in Clarington
That Report CAO-003-21 be received;
That Staff be directed to negotiate a renewal contract with the Clarington Board of
Trade (which will require Council approval) substantially on the terms set out in
section 7.4 of this report;
That, in accordance with Policy 7.3.1 of the Clarington Official Plan, Staff be
directed to retain a consultant to prepare an Economic Development Strategy at an
estimated cost of $50,000 (up to 90% funded through development charges);
That a full-time employee be hired to assist with the delivery of the services
described in section 7.6 of this report, with the cost to be covered through a
corresponding reduction to the CBOT contract; and
That all interested parties listed in Report CAO-003-21 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 6
Report GGR-010-21
12. Fire Inspections
Whereas there have been recent fatalities from fires in older housing stock in
Durham Region;
Now therefore be it resolved that the Provincial Government be urged to institute
mandatory fire inspections for houses and multi-unit dwellings older than 50 years.
13. Procedural By-law Review
That Report LGS-017-21 be received;
That the By-law attached to Report LGS-017-21 as Attachment 5 to Report LGS-
017-21, repealing and replacing Clarington’s Procedural By-law 2015-029, be
approved with the following amendments:
That section 9.2.5 of the by-law (Delegation time Limits), and related
sections, be amended by deleting the words "five (5)" and replacing with the
words "ten (10)", so that delegations are permitted to speak for 10 minutes at
Council and Committee meetings;
That Section 4.11 of the by-law (Length of Meetings), and related sections,
be amended by adding a section that ensures the remaining agenda items
be placed on the next regular meeting of the same type in the event that the
meeting adjourns in accordance with Sections 4.11.1 and 4.11.2;
That Section 4.9.1 of the by-law (Closed Meetings), and related sections, be
amended by deleting the words "in accordance with Sub-section 239 (2)(3)
of the Municipal Act, 2001" and replacing with the words "if the subject
matter deals with any of the matters in sub-section 239 (2) or 239 (3) of the
Municipal Act, 2001";
That the Procedural Motion definition, within Section 1 of the by-law
(Definitions), and related sections, be amended by:
adding the words "indefinitely" after the words "to table";
That the words "To defer" be added as item f); and
That the remaining items be renumbered;
That Section 2.5.1 of the by-law (Agenda Restrictions), and related sections,
be amended by adding the words "at the request of a member of the public"
after the words "The Municipal Clerk shall refuse";
That the by-law be amended by adding the following section:
"That the items of New Business be placed on the respective part of
the agenda";
That Section 10.12.9 of the by-law (Motions Introduced Orally), and related
sections, be amended by adding "To defer" to the list of items;
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Municipality of Clarington Page 7
Report GGR-010-21
That Section 10.12.21 of the by-law (Motion to Table), and related sections,
be amended by adding the words "or defer" after the words "A motion simply
to table";
That subsection 10.12.27 of the by-law (Motion to Divide), and related
sections be amended by:
adding a new section after subsection 10.12.27(b):
“The Chair calls the vote on the motion to divide, which is
debatable.”;
replacing subsection 10.12.27(d) with the following:
“The matter of the divided item(s) are now being considered
with the same mover and seconder as the original. The
Chair calls the vote on the divided item(s).”; and
That the subsections be renumbered accordingly;
That the following words from Section 7.3.1 (Announcements) be removed
from the proposed by-law and any related sections:
“that will occur within one week of the meeting, unless a regular
Council/Committee meeting is not scheduled within one week.”
That Staff be directed to prepare a report recommending the new meeting
schedule to reflect the changes approved in the new Procedural By-law,
effective September 1, 2021.
Page 49
Committee
Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: PDR-008-21
Date of Meeting: June 14, 2021
Report Subject: Planning and Development Committee Meeting of June 7, 2021
Recommendations:
1. Receive for Information
(a) 10.1 Gary Muller, MCIP, RPP, Director of Planning, Region of
Durham, Regarding 2020 Annual Building Activity Review
2. Application to Amend the Zoning By-law to Allow Two Mixed Use
Buildings at 2345 - 2349 Highway 2, Southwest Corner of Green Road
and Regional Highway 2 in Bowmanville
That Report PDS-032-21 be received for information only;
That Staff receive and consider comments from the public and Council with respect
to the above referenced applications; and
That all interested parties listed in Report PDS-032-21 and any delegations be
advised of Council’s decision.
3. Rezoning Application to Permit Commercial Uses on a Residential
Property at 4504 Highway 2, Newtonville
That Report PDS-033-21 be received for information only;
That Staff receive and consider comments from the public and Council with respect
to the above referenced application; and
That all interested parties listed in Report PDS-033-21 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report PDR-008-21
4. Proposed Amendment to the COVID-19 Community Improvement Plan
(CIP)
That Report PDS-034-21 be received;
That Staff receive and consider comments from the public and Council with respect
to the Draft Revised COVID-19 Community Improvement Plan;
That provided there are no substantial objections from the public, or further
substantial modifications required, the Draft Revised COVID-19 Community
Improvement Plan be approved, and a by-law to adopt it be passed at the June 14,
2021 Council meeting;
That a Program-Specific Criteria be added to the Adaptation to Outdoor Operation
Grant to exempt applications for the Seasonal Sidewalk Patio License Fee from the
Means Test Criteria; and
That all interested parties listed in Report PDS-034-21 and any delegations be
advised of Council’s decision.
5. An Application by Farsight Investments Limited to Rezone the Subject
Lands to Implement a Draft Approved Plan of Subdivision at 1700
Lambs Road, West side of Lambs Road, North of Durham Highway No.
2 and South of Concession Street, Bowmanville
That Report PDS-035-21 be received;
That provided there are no substantial objections from the public, the proposed
application for rezoning be approved and that the Zoning By-law contained in
Attachment 1 to Report PDS-035-21 be passed at the June 14, 2021 Council
meeting;
That once all conditions contained in the Official Plan with respect to the removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
035-21 and Council’s decision; and
That all interested parties listed in Report PDS-035-21 and any delegations be
advised of Council’s decision.
6. Potential for Implementation of the "Whitby Green Standard" in
Clarington's Existing Green Initiatives
That Staff investigate and report back on the potential for implementing the ‘Whitby
Green Standard’ within Clarington’s existing green initiatives including options for
more environmentally friendly roofing.
Page 51
Unfinished Business Item 14.1
Declaration of Interest at Advisory Committee Meetings
At the May 31, 2021 General Government Committee meeting, Committee referred the
following Resolution #GG-388-21 to the June 14, 2021 Council meeting:
That the declaration of interest portion of the agenda for Advisory Committees be
deleted.
Page 52
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The Corporation of the Municipality of Clarington
By-law 2021-053
Being a By-law to amend Traffic By-law No. 2014-059
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to amend Traffic By-law 2014-059;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Schedules 5 and 6 of By-law 2014-059 are repealed and replaced with
Schedules 5 and 6 of this By-law
2. This by-law comes into effect on January 1, 2022.
Passed in Open Council this 14th day of June, 2021
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 53
SCHEDULE #5
PARKING METER ZONES ON HIGHWAYS
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7
HIGHWAY SIDE FROM TO EFFECTIVE TIMES OR DAYS RATE MAXIMUM TIME LIMIT
Church Street North 80 m west of Silver Street Silver Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Church Street North & South Silver Street Temperance Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Division Street East Queen Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Division Street West 50 m south of King Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
King Street North Scugog Street George Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
King Street South Scugog Street 20 m east of George Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Silver Street East King Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Temperance Street East & West Queen Street Wellington Street 9:00-18:00 Monday to Friday, except public holidays and the
period from December 1 to 31
$1.00 per hour 2 hours
Page 54
SCHEDULE #6
PARKING METER ZONES ON MUNICIPAL PROPERTY
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
MUNICIPAL ADDRESS EFFECTIVE TIMES OR DAYS RATE MAXUMUM TIME LIMIT
132 Church Street, Bowmanville, west lot and east lot 8:00-18:00 Monday to Friday $1.00 per hour to a daily maximum of $5.00 10 hours
18:01-07:59 weekdays No hourly fee 2 hours
weekends & public holiday No hourly fee 2 hours
30 Division Street, Bowmanville 8:00-18:00 Monday to Friday $1.00 per hour to a daily maximum of $5.00 10 hours
18:01-07:59 weekdays No hourly fee 2 hours
weekends & public holiday No hourly fee 2 hours
20 King Street East, Bowmanville 8:00-18:00 Monday to Friday $1.00 per hour 2 hours
18:01-07:59 weekdays No hourly fee 2 hours
weekends & public holiday No hourly fee 2 hours
15 Silver Street, Bowmanville 8:00-18:00 Monday to Friday $1.00 per hour to a daily maximum of $5.00 10 hours
18:01-07:59 weekdays No hourly fee 2 hours
weekends & public holiday No hourly fee 2 hours
166 Church Street, Bowmanville 8:00-18:00 Monday to Friday $1.00 per hour to a daily maximum of $5.00 10 hours
18:01-07:59 weekdays No hourly fee 2 hours
weekends & public holiday No hourly fee 2 hours
Page 55
i
If this information is required in an alternate format, please contact the Accessibility
Co-Ordinator at 905-623-3379 ext. 2131
Municipality of
Clarington
Procedural By-law
2021-054
As of June 14, 2021
Page 56
The Corporation of the Municipality of Clarington
Procedural By-law 2021-054
i
Table of Contents
Section 1 – Definitions and Interpretation .............................................. 6
Section 2 – General Provisions ............................................................. 10
2.1 Applicability ................................................................................................... 10
2.2 Suspension of Rules of Procedure ................................................................ 11
2.3 Issue not Addressed ..................................................................................... 11
2.4 Electronic Participation ................................................................................. 11
2.5 Agenda Restrictions ...................................................................................... 11
Section 3 – Duties of the Mayor and Council ........................................ 12
3.1 Duties of the Mayor ....................................................................................... 12
3.2 Appointment of Deputy Mayor ....................................................................... 13
3.3 Participation of Chair in Debate ..................................................................... 13
3.4 Duties of a Member of Council ...................................................................... 13
Section 4 – Meetings .............................................................................. 14
4.1 Regular Meetings .......................................................................................... 14
4.2 Special Meetings ........................................................................................... 14
4.3 Joint Meeting ................................................................................................. 14
4.4 Emergency Special Meeting .......................................................................... 14
4.5 First/Inaugural Meeting of Council ................................................................. 15
4.6 Seating and Persons within Council Ring...................................................... 15
4.7 Quorum ......................................................................................................... 15
4.8 Meetings Open to Public ............................................................................... 16
4.9 Closed Meetings ........................................................................................... 16
4.10 Notice of Meeting .......................................................................................... 17
Regular Meetings .......................................................................................... 17
Special Meetings ........................................................................................... 17
Emergency Special Meetings ........................................................................ 17
4.11 Length of Meetings / Scheduled Break ......................................................... 18
4.12 Portable Electronic Devices .......................................................................... 18
4.13 Video Recording of Council and Committee Meetings .................................. 18
4.14 Cancellation of Meetings ............................................................................... 18
Section 5 – Committees ......................................................................... 19
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5.1 General ......................................................................................................... 19
Exceptions ..................................................................................................... 19
5.2 General Government Committee (GG) ......................................................... 20
5.3 Planning and Development Committee (PD)................................................. 20
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations ....................................................................... 21
Section 6 – Agendas and Minutes ......................................................... 21
6.1 Council Agenda ............................................................................................. 21
6.2 General Government Committee Agenda ..................................................... 22
6.3 Planning and Development Committee ......................................................... 23
6.4 Special Committee Agendas ......................................................................... 24
6.5 Meeting Minutes ............................................................................................ 24
Section 7 – Order of Proceedings – Council ......................................... 25
7.1 Call to Order .................................................................................................. 25
7.2 Disclosure of Pecuniary Interest .................................................................... 26
7.3 Announcements ............................................................................................ 27
7.4 Presentations ................................................................................................ 27
7.5 Delegations ................................................................................................... 28
7.6 Consideration of Minutes .............................................................................. 28
7.7 Reports / Correspondence Related to Presentations / Delegations .............. 28
7.8 Communications ........................................................................................... 28
7.9 Staff Reports and Staff Memos ..................................................................... 29
7.10 Business Arising from Procedural Notices of Motion ..................................... 29
7.11 Unfinished Business ...................................................................................... 30
7.12 Confidential Items ......................................................................................... 30
7.13 By-laws.......................................................................................................... 30
7.14 Procedural Notices of Motion ........................................................................ 31
7.15 Questions to Department Heads / Request for Staff Report(s) ..................... 31
Section 8 – Order of Proceedings – Standing Committees ................. 32
8.1 General Government Committee (GG) ......................................................... 32
8.1.1 Call to Order .................................................................................................. 32
8.1.2 Disclosure of Pecuniary Interest .................................................................... 32
8.1.3 Announcements ............................................................................................ 32
8.1.4 Presentations ................................................................................................ 32
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8.1.5 Delegations ................................................................................................... 32
8.1.6 Reports / Correspondence Related to Presentations / Delegations .............. 32
8.1.7 Communications ........................................................................................... 32
8.1.8 Staff Reports, Staff Memos and New Business Consideration...................... 32
8.1.9 New Business ............................................................................................... 33
8.1.10 Unfinished Business ...................................................................................... 33
8.1.11 Questions to Department Heads / Request for Staff Report(s) ..................... 33
8.1.12 Confidential Items ......................................................................................... 33
8.2 Planning and Development Committee (PD)................................................. 34
8.2.1 Call to Order .................................................................................................. 34
8.2.2 Disclosure of Pecuniary Interest .................................................................... 34
8.2.3 Announcements ............................................................................................ 34
8.2.4 Public Meetings ............................................................................................. 34
8.2.5 Presentations ................................................................................................ 34
8.2.6 Delegations ................................................................................................... 34
8.2.7 Reports / Correspondence Related to Presentations / Delegations .............. 34
8.2.8 Communications ........................................................................................... 35
8.2.9 Staff Reports and Staff Memos ..................................................................... 35
8.2.10 New Business Consideration ........................................................................ 35
8.2.11 Unfinished Business ...................................................................................... 35
8.2.12 Questions to Department Heads / Request for Staff Report(s) ..................... 35
8.2.13 Confidential Items ......................................................................................... 35
Section 9 – Delegations .......................................................................... 35
9.1 General ......................................................................................................... 35
9.2 Delegations - To Council ............................................................................... 36
Request to Speak .......................................................................................... 37
Time Limits – Delegations ............................................................................. 37
9.3 Delegations - To Committee .......................................................................... 37
Time Limits - Committee ............................................................................... 38
Request to Speak – Required ....................................................................... 38
Disposition of Items ....................................................................................... 38
9.4 At a Public Meeting ....................................................................................... 38
Time Limits .................................................................................................... 38
Request to Speak – No Request Required ................................................... 39
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9.5 Special Meetings ........................................................................................... 39
9.6 Conduct of Delegations and Presenters ........................................................ 39
9.7 Petitions ........................................................................................................ 39
Section 10 – Rules of Debate and Conduct .......................................... 40
10.1 Conduct of Members of Council or Members of Committees ........................ 40
10.2 Address the Chair ......................................................................................... 41
10.3 Order of Speaking ......................................................................................... 41
10.4 Point of Privilege ........................................................................................... 41
10.5 Point of Order ................................................................................................ 41
10.6 Appeal of Ruling of Chair .............................................................................. 42
10.7 Members Speaking ....................................................................................... 42
10.8 Question Read .............................................................................................. 42
10.9 Speak Once - Reply ...................................................................................... 42
10.10 Time Limit ...................................................................................................... 42
10.11 Questions ...................................................................................................... 42
10.12 Motions.......................................................................................................... 43
Reading ......................................................................................................... 43
Withdrawn ..................................................................................................... 43
No debate until properly moved and seconded ............................................. 43
Motion Ruled Out of Order ............................................................................ 43
Not within jurisdiction of Council .................................................................... 43
Matters and Motions Without Notice and Without Leave ............................... 43
Motion in Writing ........................................................................................... 44
Priority of Disposition .................................................................................... 44
Motion to Refer .............................................................................................. 44
Motion to Amend ........................................................................................... 45
Motion to Amend Something Previously Adopted ......................................... 45
Question Be Now Put .................................................................................... 45
Motion to Table ............................................................................................. 46
Motion to Divide ............................................................................................ 46
Reconsideration ............................................................................................ 47
Motion to Recess .......................................................................................... 48
Motion to Adjourn .......................................................................................... 48
10.13 Voting on Motions ......................................................................................... 49
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Unrecorded Vote ........................................................................................... 49
Recorded Vote .............................................................................................. 49
Consent Resolution .................................................................................................... 50
10.14 Conduct of the Audience ............................................................................... 50
Section 11 - Implementation .................................................................. 51
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Office Consolidation Procedural By-law
6
The Corporation of the Municipality of Clarington
By-law 2021-054
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and
to repeal By-law 2015-029.
Whereas Section 238 of the Municipal Act, 2001, as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
The Corporation of the Municipality of Clarington hereby enacts as follows:
Section 1 – Definitions and Interpretation
1.1 SHORT TITLE: This By-law may be cited as the “Procedural By-law”.
1.2 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Agenda Deadline means 12:00 noon on the Wednesday preceding the meeting, unless
determined differently by the Municipal Clerk for the purposes of a Special meeting, etc.
Agenda Update Deadline means one hour prior to the close of business on the
business day prior to the meeting.
Chair:
In the case of the Council Chair means the Mayor, Deputy Mayor, or the Member of
Council appointed to act as Chair during the absence of the Mayor and Deputy Mayor
from a Meeting or a portion of a Meeting. While acting as Chair the Member shall
exercise all of the powers and responsibilities of the Mayor under this Procedural
By-law.
In the case of the GG Committee, Chair means the Mayor, Deputy Mayor or
Department Liaison, whoever presides over a portion of a Meeting of the GG Committee
as provided for in Sub-section 5.2.1, of this Procedural By-law.
In the case of the PD Committee, Chair means the Planning and Development Services
Department Liaison, as provided for in Sub-section 5.3.1 of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to Sub-section 5.1.3 of this Procedural By-law.
In the case of a sub-committee of a Special Committee, Chair means the Member
appointed as such by the Special Committee pursuant to Sub-section 5.1.3 of this
Procedural By-law.
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Committee means a Committee of Council and includes Standing Committees, or
sub-committees of the Standing Committees and Special Committees.
Consent Resolution means two or more items that are approved in a single motion
without debate, subject to the agreement of the majority of Members.
Council means the Council of the Municipality of Clarington.
Councillor means a person elected or appointed as a Member of Council but does not
include the Mayor.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council or Committee, as the case may be.
Department Liaison means a Member appointed as such pursuant to Sub-section
5.1.1 b) of this Procedural By-law.
Deputy Mayor means the Member of Council who is appointed to this position who, in
the absence of the Mayor, shall exercise all of the powers and responsibilities of the
Mayor as provided for in this By-law or any other by-law or statute.
Electronic Council Communications Information Package (ECCIP) means an
electronic package containing correspondence received by Staff for Council’s
information.
Electronic Participation means that a Member may participate in the Council or
Committee meeting, remotely by electronic means. The electronic means must enable
the Member to hear and to be heard by the other meeting participants. Acceptable
formats may include teleconference, videoconference or webinar, or other interactive
communications. The Member shall have the same rights and responsibilities as if they
were in physical attendance, including the right to vote, unless otherwise prohibited by
law or in other subsections of this by-law.
Emergency means any period of time during which an Emergency has been declared
to exist in all or part of a municipality by the Head of Council or the Province under
sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, as
amended.
Emergency Management Act means the Emergency Management and Civil Protection
Act, R.S.O. 1990, c. E. 9, as amended.
Emergency Special Meeting means a meeting called by the Mayor, without advance
notice being given, to consider and deal with urgent and extraordinary matters, including
issues that may urgently affect the health or safety of residents.
GG means the General Government Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
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Information Presentation(s) means presentations not seeking a resolution or direction
from Council.
Joint Meeting means a meeting that deals with matters that would normally be dealt
with at a GG meeting or PD meeting.
Mayor means the Head of Council.
Meeting, as stated in Section 238 of the Municipal Act, means any regular, special or
other meeting of a council, of a local board or of a committee of either of them, where
(a) a quorum of members is present, and (b) members discuss or otherwise deal with
any matter in a way that materially advances the business or decision-making of the
council, local board or committee.
Member means a Member of Council.
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk or Clerk means the Clerk of the Municipality of Clarington and
includes the Deputy Clerk and any official of the Municipality appointed by Council to
exercise the power(s) of the Municipal Clerk in the absence of the Municipal Clerk and
Deputy Clerk.
Municipal Conflict of Interest Act means the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.O. 1996,
c.32, as amended or replaced from time to time.
Municipal Freedom of Information and Protection of Privacy Act means the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 ,
as amended or replaced from time to time.
Municipality means the Municipality of Clarington.
PD means the Planning and Development Committee of Council.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
Petition means a legibly written/typed document requesting Committee’s / Council’s
consideration of a matter that contains more than ten signatures.
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member of Council during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
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Point of Privilege means the raising of a question that concerns a Member of Council,
or all of the Members of Council, when a Member believes that their rights, immunities
or integrity or the rights, immunities or integrity of Council as a whole have been
challenged.
Present means that a Member may attend a meeting either in person or by electronic
participation.
Presiding Member means the Member appointed to act as Chair pursuant to
Sub-sections 7.1.1, 8.1.1, and 8.2.1 of this Procedural By-law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a) To extend the time of the Meeting;
b) To refer;
c) To amend;
d) To recess;
e) To table indefinitely;
f) To defer;
g) To lift from the table;
h) To adjourn;
i) To divide;
j) Question be now put; or
k) To suspend the Rules of Procedure.
Procedural Notice of Motion means a written notice, including the names and
signatures of the mover and seconder, advising Council that the motion described
therein to amend something previously adopted by Council, to rescind a previous
decision of Council, to lift a matter from the table, or to reconsider a previous decision of
Council, will be brought forward at a subsequent meeting.
Public Meeting means a public meeting in accordance with the Planning Act, R.S.O.
1990 c. P.13 or any other Act, for which notice has been given and d uring which any
person in attendance shall be provided an opportunity to make representation in respect
of the matter for which the Public Meeting is held.
Reconsideration means a motion that has the effect of allowing a motion to proceed as
though it had never been previously voted on.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rescind means a motion that undoes the action taken by the motion, provided it has
not been acted upon.
Rules of Procedure means the rules and requirements of this Procedural By-law.
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Special Committee means a Special Committee of Council appointed pursuant to
Sub-section 5.1.3 of this Procedural By-law.
Standing Committee means either the General Government Committee (GG) or the
Planning and Development Committee (PD) of Council.
Substantive Motion means any motion other than a Procedural Motion and includes
but is not limited to, a motion that embodies and/or establishes a policy, ratifies an
action, or gives direction on a matter.
Simple Majority means 50% + 1:
a) For 7: 4
b) For 6: 4
c) For 5: 3
d) For 4: 3
Three-Quarters Majority (3/4) means:
a) 3/4 of 7: 6
b) 3/4 of 6: 5
c) 3/4 of 5: 4
d) 3/4 of 4: 3
Two-Thirds Majority (2/3) means:
a) 2/3 of 7: 5
b) 2/3 of 6: 4
c) 2/3 of 5: 4
d) 2/3 of 4: 3
Website means the Municipality’s website address at www.clarington.net.
1.3 Unless the context otherwise requires, in this Procedural By-law the words
used in the male gender shall include the female gender and the singular
includes the plural, and vice versa.
Section 2 – General Provisions
2.1 Applicability
2.1.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council or Committees and shall be the rules and requirements which
govern the order of their business.
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2.2 Suspension of Rules of Procedure
2.2.1 Despite Sub-section 2.1.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Mayor, Deputy Mayor or Chair, subje ct to an appeal
to the Council or Committee, in session, as the case may be.
2.4 Electronic Participation
2.4.3 A member of Council, of a local board or of a committee of either of them is
permitted to participate electronically in a meeting and may be counted in
determining whether or not a quorum of members is present at any point in
time.
2.4.4 For clarity, a Member of Council, of a local board, or of a committee of either
of them, can participate electronically in a meeting that is closed to the
public.
2.4.5 The protocol for participating electronically shall be set out by the Municipal
Clerk and may be amended from time to time.
2.5 Agenda Restrictions
2.5.1 The Municipal Clerk shall refuse, at the request of a member of the public,
to place on the agenda, and in an ECCIP, an item where the subject matter:
a) Involves current or pending litigation;
b) Involves insurance claims;
c) Involves personnel matters;
d) Involves labour relations;
e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
g) Is contrary to the provisions of the Municipal Freedom of
Information and Protection of Privacy Act or other relevant
legislation;
h) Involves solicitation of business;
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i) Involves political parties; or
j) Otherwise not suitable for discussion.
Section 3 – Duties of the Mayor and Council
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor to carry out the responsibilities set forth in
the Municipal Act, 2001, Section 225, and:
a) To open the Meeting of Council and GG Committee by taking the
Chair and calling the Members to order;
b) To announce the business before Council in the order in which it is
to be acted upon;
c) To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council;
d) To recognize any Member who wishes to speak and to determine
the order of the speakers;
e) To put to a vote all questions, which are regularly moved and
seconded, or necessarily arise during the proceedings and to
announce the results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise during the proceedings;
g) To decline to put to vote, motions which contravene the provisions
of this Procedural By-law;
h) To enforce the provisions of this Procedural By-law;
i) To enforce on all occasions, the observance of order and deco rum
among the Members;
j) To call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the Council
Chamber, or the place of Meeting, as the case may be;
k) To cause to be expelled and excluded any member of the public
who creates any disturbance or acts improperly during a Meeting
and, if necessary, to direct the Municipal Clerk to seek the
appropriate assistance from the Durham Regional Police;
l) To authenticate, by signature, all by-laws;
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m) To rule on any Points of Order and Points of Privilege raised by
Members of Council; and
n) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question, or su spend the
sitting for a time to be named.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Council or as soon thereafter as is practical, Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the powers and responsibilities of the Mayor under this
By-law or any other by-law or statute.
3.2.2 Further to the appointment referenced in Sub-section 3.2.1, Council, in its
discretion, may appoint a Member to act as Deputy Mayor for the term of
Council. Alternatively, Council may appoint two Members of Council each of
whom shall act as Deputy Mayor during periods of the term of Council which
are specified in the appointment.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts
and the Chair’s position on any matter before the Council, or a Committee
without leaving the chair, which may take place immediately prior to the
vote, but it shall not be permissible for the Chair to move a motion or debate
a question without first leaving the chair.
3.3.2 If the Chair desires to leave the chair to leave the meeting, to move a
motion, or to take part in the debate, the Mayor shall preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall preside until the Mayor resumes the Chair. If the
designated person is not present, the Chair may call upon any other
Member to chair the meeting.
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
a) to deliberate on the business submitted to Council or Committees
of Council, as the case may be;
b) to vote when a motion is put to a vote;
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c) to Chair the portion of the GG Committee or PD Committee
Meeting for which they are the Department Liaison and assume the
duties of the Mayor as detailed in Sub-section 3.1.1 with the
exception of Sub-sections 3.1.1 a), l) and n) at GG Committee and
3.1.1 a) and l) at PD Committee;
d) Notwithstanding Section 3.4.1 c), the Chair of the PD Committee
meeting shall assume the duties of the Mayor as detailed in Section
3.1.1, with the exception of 3.1.1 (l); and
e) to apply and respect the Rules of Procedure.
Section 4 – Meetings
4.1 Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council, GG
Committee and PD Committee shall be held in the Council Chambers,
Municipal Administrative Centre, 40 Temperance Street, B owmanville, ON
or electronically, as determined by the Municipal Clerk, and at the dates and
times as determined by Council resolution.
4.2 Special Meetings
4.2.1 In addition to regular Meetings, Special Meetings of Council, GG Committee
or PD Committee shall be held upon written direction by the Mayor and
delivered to the Municipal Clerk stating the date, time, location, and purpose
of such Meeting, and preference be given that said meeting be held within
the Municipality of Clarington.
4.2.2 The Mayor may, at any time, call a special Meeting of Council, GG
Committee or PD Committee and shall call a special Meeting of Council or
Committee when requested to do so in writing by a majority of Members, at
the time mentioned in the request, and preference be given that said
meeting be held within the Municipality of Clarington.
4.2.3 The Municipal Clerk shall call a special Meeting of Council, GG Committee
or PD Committee when requested to do so in writing by a majority of the
Members, at the time mentioned in the request, and preference be given
that said meeting be held within the Municipality of Clarington .
4.3 Joint Meeting
4.3.1 In addition to regular Meetings, Joint Meetings may be called at the dates
and times as determined by Council resolution.
4.4 Emergency Special Meeting
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4.4.1 Notwithstanding Sub-section 4.2.1, on urgent and extraordinary occasions,
an emergency special Meeting of the Council may be called by the Mayor,
without advance notice being given by the Municipal Clerk pursuant to this
by-law, to consider and deal with such urgent and extraordinary matters ,
including issues that may urgently affect the health or safety of residents .
4.5 First/Inaugural Meeting of Council
4.5.1 The first Meeting of Council shall be held within 31 days of taking office,
pursuant to the Municipal Elections Act, 1996, at the time and location
determined in consultation with the Clerk and Mayor.
4.6 Seating and Persons within Council Ring
4.6.1 Seating at the Council table shall be in alphabetical order of the Members’
surname, beginning in the most north/east position and proceeding
clockwise.
4.6.2 Only Members of Council and the Municipal Staff shall be permitted to enter
the Council floor during the sitting of Council or Committee without the
permission of the Mayor or Committee Chair.
4.6.3 No person, other than a Member of Council or the Municipal Staff, shall,
before or during a Meeting, place on the desks of Members or otherwise
distribute any material whatsoever unless such person is so acting with the
approval of the Mayor or Committee Chair.
4.6.4 Members of Council leaving their places prior to the adjournment shall
endeavour to do so in a manner so as not to disrupt the proceedings of
Council or Committee.
4.7 Quorum
4.7.1 A quorum of Council or Committee shall be four (4) Members, except as
otherwise stated. A concurring vote of a majority of Members present and
voting is necessary to carry a resolution. A quorum of a Special Committee
shall be a majority of the Members of the Special Committee.
4.7.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, or designate, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
4.7.3 If during a meeting, a quorum is lost, the Chair shall declare that the
meeting shall stand recessed temporarily or be adjourned until the date of
the next regular meeting or other meeting called in accordance with the
provisions of this By-law.
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4.8 Meetings Open to Public
4.8.1 Subject to Sub-section 4.9, Meetings shall be open to the public and no
person shall be excluded there from except for improper conduct.
4.9 Closed Meetings
4.9.1 Council or Committee may, by resolution, close a Meeting or part of a
Meeting to members of the public if the subject matter deals with any of the
matters in Sub-section 239 (2) or 239 (3) of the Municipal Act, 2001.
4.9.2 Council or Committee may hold a Meeting closed to the public where the
Meeting is held for the purpose of educating or training the Members and at
the Meeting no Member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the
Council or Committee.
4.9.3 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
4.9.4 Where a Meeting or part of a Meeting is closed to the public, Council or
Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council or Committee and only those persons
specifically invited to attend the closed Meeting shall be permitted
to attend; or
b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be; or
c) only permit access to the electronic meeting to those persons
specifically invited to attend the closed Meeting.
4.9.5 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.9.6 Notwithstanding Sub-section 4.9.5, the vote on a resolution approving a
contract for the acquisition or disposal of land, including the sale of road
allowances, shall be conducted in open session.
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4.10 Notice of Meeting
Regular Meetings
4.10.1 In December of each year, public notice of the regular Meeting schedule for
the following year shall be published in the newspapers of general
circulation in the Municipality and posted on the website. This notice of all
Meetings shall include the date, time and location of the Meetings.
4.10.2 Pursuant to Section 238 of the Municipal Act, 2001 public notice of each
regularly scheduled Meeting shall be deemed to be given by making the
agenda available in the Municipal Clerk’s Office by end of business day of
the Friday preceding the regularly scheduled Meeting and on the website.
4.10.3 Notice of amendment to the Schedule of regular Meetings shall be posted
on the website at least one week prior to the amended Meeting date where
practical to do so.
4.10.4 The meeting schedule referred to in Sub-section 4.9.1 shall generally be
based on a three-week rotation. If the regular meeting date falls on a public
holiday, the Council or Committee meeting, whichever the case may be,
shall, beginning in September, 2021, be scheduled on the following week
and all subsequent meetings shall be moved forward a week. One meeting
may be scheduled on the first Monday of July and no regular meetings shall
be held during the remainder of the month of July, the month of August or
between Christmas and New Year’s. Council and PD Committee meetings
shall be held at 6:30 PM and GG Committee meetings shall be held at 9:30
AM.
Special Meetings
4.10.5 Notice of special Meetings shall be posted on the website not less than
twenty-four (24) hours before the time appointed for the special Meeting.
4.10.6 In addition to the notice provided for in Sub-section 4.10.5, written notice of
a special Meeting of Council or Committee shall be given to all Members.
4.10.7 The written notice referred to in Sub-section 4.10.6 above shall indicate the
nature of the business to be considered at the special Meeting of Council or
Committee, whether or not delegations will be heard, and the date, time and
place of the Meeting.
Emergency Special Meetings
4.10.8 Where an Emergency special Meeting of Council is held in accordance with
Sub-section 4.4, notice of the Emergency special Meeting shall be posted
on the website as soon as practical following the Emergency special
Meeting and shall, subject to Sub-section 4.8.1, indicate the nature of the
business considered at the Emergency special Meeting.
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4.11 Length of Meetings / Scheduled Break
4.11.1 Meetings scheduled to commence at or before 9:30 AM, and which are in
session at 4:31 PM, will be adjourned unless the rules are suspended.
4.11.2 Meetings which are scheduled to commence at or after 6:30 PM, and which
are in session at 10:31 PM, will be adjourned unless the rules are
suspended.
4.11.3 Where a meeting is scheduled to commence at or before 9:30 AM, there
shall be a scheduled 1 hour break at 12:00 noon unless otherwise
determined by a vote of two-thirds of the Members present.
4.11.4 If a meeting is adjourned in accordance with section 4.11.1 or 4.11.2, prior
to all agenda items being considered, all remaining items, except procedural
items, shall be placed on the next regular meeting of the same type.
4.12 Portable Electronic Devices
4.12.1 The use of portable electronic devices by Members of Council and
Committee during Council and Committee meetings shall be permitted
provided the Member is not using the portable electronic device to phone; or
email, or text each other while the meeting is in session.
4.12.2 Despite Subsection 4.12.1, the use of any portable electronic device may be
prohibited by the Chair, if, in the Chair’s opinion, the device is interfering
with any video or audio broadcast of the meeting or is otherwise causing a
disturbance.
4.12.3 The use of portable electronic devices may be used as an interface to
participate electronically in the meeting.
4.13 Video Recording of Council and Committee Meetings
4.13.1 With the exception of the Municipality and any publicly available
broadcaster, the video recording of a Council or Committee meeting is
prohibited within 3 metres of the Council ring.
4.13.2 Notwithstanding Sub-section 4.13.1, video recording by any person is
permitted for a presentation as defined in Sub-section 7.4.1 of this by-law.
4.14 Cancellation of Meetings
4.14.1 A regular or special meeting may be cancelled in any of the following
circumstances:
a) If the Clerk determines in advance that quorum will not be
achieved;
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b) if the meeting is cancelled by Council or Committee resolution;
c) Where the meeting is not required as determined by the Clerk, in
consultation with the Mayor and CAO, due to a lack of forecasted
agenda items; or
d) in the event of exceptional circumstances, at the discretion of the
Chair or Clerk.
4.14.2 The Clerk shall give notice of the cancellation to all Members of Council as
soon as possible after the cancellation.
Section 5 – Committees
5.1 General
5.1.1 There shall be two Standing Committees of Council, namely the General
Government (GG) Committee of Council and the Planning and
Development (PD) Committee of Council, which shall be organized as
follows:
a) GG and PD Committees shall be comprised of all Members of
Council.
b) Each Member shall be appointed as a Department Liaison as soon
as is practical after the first Meeting of Council or a vacancy occurs.
The Department Liaison shall take the chair during that portion of
the GG Committee or PD Committee meeting dealing with the
matters pertaining to the Department for which they have been
appointed Department Liaison.
Exceptions
5.1.2 Notwithstanding the Committee mandate outlined in Sub-section 5.2.2 and
Sub-section 5.3.2 and the provisions of Sub-section 9.5.1, Council may
consider any matter without referring it to GG Committee or PD Committee
and may withdraw a matter from the GG Committee or the PD Committee at
any time.
5.1.3 Notwithstanding the Committee mandate outlined in Sub-section 5.2.2, and
Sub-section 5.3.2, Council may at any time appoint one or more Members
to a Special Committee and appoint one of such Members the Chair of the
Special Committee. A Special Committee shall enquire into and report on
any matter assigned to it by Council. A Spe cial Committee may appoint a
sub-committee of the Special Committee and a Chair of the sub-committee
to assist the Special Committee in performing its mandate.
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5.2 General Government Committee (GG)
5.2.1 The Mayor shall call the meeting to order, preside during presentations and
delegations, and chair that portion of the meeting dealing with the matters
pertaining to the Department for which they have been appointed
Department Liaison. As well, the Mayor shall chair those portions of the
meeting dealing with matters continued to be considered under Unfinished
Business of the agenda, and the motion to adjourn.
GG Committee Mandate
5.2.2 The GG Committee shall make recommendations to Council on all matters
not mandated by the PD Committee, including, without limitation, levels of
service and operational policy and budgetary matters. The GG Committee
shall consider all reports submitted to it by the Chief Administrative Officer
or Director of a Department, except for items which fall under the mandate
of the PD Committee, as indicated in Sub-section 5.3.2.
Reporting to Council
5.2.3 In all cases in which the GG Committee makes recommendations
respecting such matters, the GG Committee shall forward such
recommendations by way of committee minutes to Council for consideration
at the next regular Meeting of Council. In addition, the GG Committee shall
report to Council on any matter within the jurisdiction of the Municipality and
any other matter referred to it by Council and exercise such powers as may
be delegated to it by Council.
5.3 Planning and Development Committee (PD)
5.3.1 The Chair of the PD Committee shall be the Planning and Development
Services Department Liaison for matters pertaining to Planning. Where a
matter from a department other than Planning is being considered, the
corresponding Department Liaison may Chair that portion of the Agenda.
The Mayor shall chair the PD Committee in the absence of the appropriate
chair.
PD Committee Mandate
5.3.2 The PD Committee shall be mandated with holding public meetings, and
any other planning and development matter or matter deemed to require
public consultation and such other matters as may be referred to the PD
Committee by Council. The PD Committee shall consider all reports
submitted to it by the Chief Administrative Officer or Director of a
Department, for items which fall under the mandate of the PD Committee.
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Reporting to Committee
5.3.3 In all cases in which the PD Committee makes recommendations respecting
such matters, the PD Committee shall forward such recommendations by
way of Committee minutes to Council for consideration at the next regular
Meeting of Council. In addition, the PD Committee shall report to Council on
any matter within the jurisdiction of the Municipality and any other matter
referred to it by Council and exercise such powers as may be delegated to it
by Council.
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations
5.4.1 The appointments of persons to Municipal Service Boards, Local Boards,
Advisory Committees and to the board of directors of Veridian Corporation
shall be considered first by the GG Committee and ratified by Council as
soon as practical following the first Meeting of Council, or as soon as
practical after a vacancy occurs in accordance with the Council adopted
Policy.
Section 6 – Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Moment of Reflection
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Reports / Correspondence Related to Presentations / Delegations
Consideration of Minutes
Communications
Staff Reports and Staff Memos
Business Arising from Procedural Notice of Motion (to be included on
agenda only if there is business to be considered under this Section)
Unfinished Business
Confidential Items
By-laws
Procedural Notices of Motion (for consideration at subsequent Meeting)
Questions to Department Heads / Request for Staff Report(s)
Confirming By-law
Adjournment
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6.1.2 The agenda shall be provided to each member no later than end of day on
the Thursday preceding the commencement of the regular Council Meeting
in question.
6.1.3 At the discretion of the Municipal Clerk, an agenda item received after the
Agenda Deadline and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda if it is received by the Agenda Update
Deadline. Such matter shall be communicated to the m embers of Council
and posted on the Municipal website as soon as possible by end of day on
the business day prior to the meeting.
6.1.4 The business of Council shall be considered in the order as it appears on
the agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
6.1.5 Notwithstanding sub-section 6.1.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.2 General Government Committee Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
the GG Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Reports / Correspondence Related to Presentations / Delegations
Communications
Staff Reports, Staff Memos and New Business Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential Items
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GG Committee agenda is
provided to each member no later than the end of day Thursday preceding
the commencement of the regular GG Committee Meeting.
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6.2.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after the Agenda Deadline and
before the commencement of the meeting, which is of an urgent nature or
directly relevant to a matter on the agenda for the meeting, may be added to
the agenda if it is received by the Agenda Update Deadline. Such matter
shall be communicated to the members of Council and posted on the
Municipal website as soon as possible by end of day on the business day
prior to the meeting.
6.2.4 The business of GG Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.2.5 Notwithstanding Sub-section 6.2.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.3 Planning and Development Committee
6.3.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
PD Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Public Meetings
Presentations / Delegations
Reports / Correspondence Related to Presentation s / Delegations
Communications
Staff Reports and Staff Memos
New Business - Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential Items
Adjournment
6.3.2 The Municipal Clerk shall ensure that the PD Committee agenda is provided
to each member no later than the end of day Thursday preceding the
commencement of the regular PD Committee Meeting.
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6.3.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after the Agenda Deadline and
before the commencement of the meeting, which is of an urgent nature or
directly relevant to a matter on the agenda for the meeting, may be added to
the agenda if it is received by the Agenda Update Deadline. Such matter
shall be communicated to the members of Council and posted on the
Municipal website as soon as possible by end of day on the business day
prior to the meeting.
6.3.4 The business of PD Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.3.5 Notwithstanding sub-section 6.3.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that th e
Municipal Clerk deems appropriate.
6.4 Special Committee Agendas
6.4.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetings of the
Special Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Matters of Business
Adjournment
6.4.2 The Municipal Clerk shall ensure that the Special Committee agenda is
provided to each member no later than 24 hours preceding the
commencement of the Special Committee Meeting.
6.4.3 The business of Special Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.5 Meeting Minutes
6.5.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council or Committee, whether it is closed to the public or not.
These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of
a Meeting or leave prior to adjournment, the time shall be noted;
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c) if requested, correction and confirmation of the minutes of prior
Meetings;
d) declarations of pecuniary interest; and
e) all resolutions, decisions and all other proceedings of Council or
Committee, as the case may be, without note or comment.
6.5.2 Where the minutes have been delivered to the Members in advance of the
Meeting, the minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
Section 7 – Order of Proceedings – Council
7.1 Call to Order
7.1.1 As soon as a quorum is present after the hour set for the Meeting, the
Mayor shall take the chair and call the Members present to order.
7.1.2 If the Mayor does not attend within fifteen minutes after the time set for the
Meeting and a quorum is present, the Deputy Mayor shall preside over the
Meeting and shall exercise all duties and responsibilities of the Mayor as
outlined in this Procedural By-law until the Mayor is present at the Meeting
and is able to perform their responsibility to assume the chair.
7.1.3 If the Deputy Mayor is also not present within fifteen minutes after the time
set for the Meeting and a quorum is present, the Municipal Clerk, or
designate, shall call the meeting to order, and the Members present shall
appoint a Presiding Member who shall act as Chair of the Meeting until the
arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is
able to assume the chair.
7.1.4 In recognition of a necessary first step towards honouring the original
occupants of a place, and as a way to recognize the traditional First
Nations, Metis and / or Inuit territories of a place, and to commemorate
Indigenous peoples' principal kinship to the land, the following Land
Acknowledgement Statement shall be read following the Call to Order:
"The Municipality of Clarington is situated within the traditional and
treaty territory of the Mississaugas and Chippewas of the
Anishinabeg, known today as the Williams Treaties First Nations.
Our work on these lands acknowledges their resilience and their
longstanding contributions to the area now known as the
Municipality of Clarington."
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7.2 Disclosure of Pecuniary Interest
7.2.1 All Members shall govern themselves at any Meeting in accordance with the
current legislation respecting any disclosure of pecuniary interest and
participation in the Meeting.
7.2.2 Notwithstanding Sub-section 7.2.1, if the matter under consideration at a
meeting, or a part of a meeting, is to consider whether to suspend the
remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the
matter, including making submissions to council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the meeting.
However, the member is not permitted to vote on any question in respect of
the matter. Additionally, in the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during
which the matter is under consideration.
7.2.3 Notwithstanding Sub-section 7.2.1, when a Member declares on a matter(s)
at a Council meeting, later in the meeting when the confirming by-law is on
the floor, the Member’s declaration is understood, and the Member may
remain in the room in which the meeting is taking place and participate in
the vote on the confirming by-law. Further, if the Member declares on a
matter at a meeting and at a subsequent meeting the minutes of the entire
meeting are on the floor for adoption, the Member’s declaration is
understood and the Member may participate in the vote on adopting the
minutes and is not required to submit another declaration of interest form,
provided that the matter the Member declared on is not further discussed or
amended in any way.
7.2.4 At a meeting at which a member declares an interest, or as soon as
possible afterwards, the member shall file a written statement of the interest
and its general nature with the Municipal Clerk or designate , in the form
determined by the Municipal Clerk.
7.2.5 The Municipal Clerk shall establish and maintain a Registry of Declarations
of Interest containing,
a) A copy of each statement filed under section 7.2.4; and
b) A copy of each declaration recorded in the minutes.
7.2.6 The Municipal Clerk shall provide access to the Registry of Declarations of
Interest through the Municipal website of through an alternative means, as
requested from time to time.
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7.3 Announcements
7.3.1 During this portion of the Meeting, when recognized by the Chair, Members
shall be afforded a maximum of five minutes during which time they may
announce or comment on community events and activities.
7.4 Presentations
7.4.1 At the request of a Member of Council or the Municipality’s Staff, any
person(s), organization(s), corporations(s), or appointed official(s) may be
permitted to address the Members to inform them of matters of significance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by Agenda Deadline.
Presentations shall include only the following:
a) Civic recognition / awards; or
b) Presentations by Municipal Staff or consultants retained by the
Municipality; or
c) Presentations from senior levels of government; or
d) Presentations deemed necessary by the Municipal Clerk, or as
required by law.
e) Presentations, for matters of information only, shall submit a written
communication to the Municipal Clerk, outlining their presentation,
to be included in the ECCIP. Should any single Member of Council
ask that the Presentation be heard, it shall be placed on the
appropriate Committee meeting agenda.
f) Any other agencies seeking to make an information presentation
must submit a written summary of their presentation to be included
in the ECCIP. Should any Member of Council wish to hear the
presentation, the presentation can be placed on a future agenda.
7.4.2 Municipal audio-visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk’s Division to register for the Meeting. Presentations must be
provided to the Municipal Clerk’s Division no later than 2:00 pm on the
business day preceding the commencement of the Meeting. Presentations
will not be installed once the meeting has begun.
7.4.3 Each Presentation in respect of a particular matter shall be limited to 10
minutes, in addition to the time taken by Council to ask questions of the
delegate and to receive answers to such questions.
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Presentations to Committee
7.4.4 Presentations scheduled to be made to Committee will be assigned to the
appropriate Committee based on the presentation topic and the Committee
mandate.
7.4.5 Upon receipt of the request for presentation as detailed in Sub-section
7.4.1, the Municipal Clerk, or designate, may schedule the presentation for
a specified time during the Committee meeting. When exercising this option,
the Municipal Clerk, or designate, shall include the scheduled presentation
time on the meeting Agenda and shall notify the presenter of the scheduled
presentation time.
7.4.6 Where the Municipal Clerk, or designate, has scheduled a presentation for a
specified time, as per Sub-section 7.4.5, when that specified time arrives
during the Committee meeting, the Committee shall set aside the matter
currently before it, to allow the presentation to be heard as scheduled.
Should there be a motion on the floor at the scheduled presentation time, a
motion to “alter the agenda to be considered immediately after the
Presentation” would be in order.
7.5 Delegations
7.5.1 See Section 9.
7.6 Consideration of Minutes
7.6.1 Minutes of Standing Committees, Advisory Committees and Boards shall be
listed under this Section of the Council agenda.
7.6.2 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
7.6.3 Minutes of Standing Committees may be disposed of through a single
resolution. Alternatively, any Member may request that one or more
recommendations contained in the minutes be extracted and voted on
separately for the purposes of changing the motion or holding a recorded
vote.
7.6.4 Minutes of Standing Committees approved at Council are not required to be
added to the agenda or approved by a future Standing Committee meeting.
7.7 Reports / Correspondence Related to Presentations / Delegations
7.7.1 Reports and correspondence that are related to a delegation or
presentation on the agenda may be listed under this section of the agenda.
7.8 Communications
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7.8.1 The Municipal Clerk shall prepare an Electronic Council Communication
Information Package (ECCIP) containing correspondence received by Staff
for Council’s information.
7.8.2 The deadline for information to be included in the ECCIP is end of day
Thursday.
7.8.3 The ECCIP shall be delivered electronically every Friday.
7.8.4 A Member of Council may request, in writing to the Clerk, including the
Member’s motion for the disposition of the item, that an item from the
ECCIP be included on the next agenda of the appropriate Committee of
Council, as determined by the Clerk.
7.8.5 The item will be included on the agenda of the appropriate Committee of
Council if submitted to the Clerk prior to the Agenda deadline and if it is not
restricted under section 2.5. For clarity, this will not be the meeting three
calendar days from when the ECCIP was published , but rather a future
meeting.
7.8.6 Communications which, in the opinion of the Clerk require action by Council
shall be included on a Council or Committee agenda under
Communications and shall include a recommendation for disposal.
7.8.7 Every communication to be presented to Council or Committee, shall be
legibly written or printed, shall not contain any impertinent or improper
matter or language, shall identify the author(s) including their name and
address, and shall be filed with the Municipal Clerk.
7.8.8 Communications to be posted to the website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.9 Staff Reports and Staff Memos
7.9.1 Notwithstanding Sub-section 8.1.8, the Staff Reports Section of the Council
agenda shall include Removal of a Holding Symbol report upon urgent
circumstances as determined by the Director of Planning and Development
Services and any Staff report that, due to timing, urgency, the important
nature of the report and/or expediency, the Chief Administrative Officer
determines should be considered by Council without first being presented to
Committee for consideration.
7.10 Business Arising from Procedural Notices of Motion
7.10.1 A Procedural Notice of Motion where notice has been properly given in
accordance with subsection 7.14 shall be listed on the agenda for the
Meeting, and may be dealt with at that meeting.
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7.10.2 The Member who moved, or seconded, the procedural notice of motion is
not required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the
notice of motion to be in order.
7.11 Unfinished Business
7.11.1 Any matters presented, considered, referred, tabled, or deferred, or any
items not otherwise disposed of through the consideration of an agenda
matter, shall be disposed of during this portion of the Meeting.
7.12 Confidential Items
7.12.1 The Confidential Items Section of the Council agenda shall include any
confidential Staff report that, due to timing, urgency, the important nature of
the report and/or expediency, the Chief Administrative Officer determines
should be considered by Council without first being presented to Committee
for consideration and shall be considered in a closed session.
7.13 By-laws
7.13.1 No by-law, except:
a by-law to confirm the proceedings of Council;
a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body; or
a part lot control by-law;
shall be presented to Council unless the subject matter thereof has been
considered and approved by Council or by Committee.
7.13.2 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of the by-law, at which time the subject by-law shall be
divided from the motion and dealt with separately.
7.13.3 Every by-law when introduced, shall be in typewritten form, and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provision of any Statute, and shall be
complete with the exception of the number and date of the by-law.
7.13.4 The Municipal Clerk shall endorse, on all by-laws enacted by Council, the
date of enactment.
7.13.5 Every by-law which has been enacted by Council shall be numbered and
dated, signed by the Mayor and the Municipal Clerk, sealed with the seal of
the Municipality, and retained under the control of the Municipal Clerk.
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7.13.6 The Municipal Clerk is hereby authorized to make minor deletions, additions
or other administrative changes to any by-law to ensure that the correct and
complete implementation of the actions of Council form the subject matter of
the by-law.
7.14 Procedural Notices of Motion
7.14.1 A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of
Council, shall be given to the Municipal Clerk including the date when it will
be considered in writing, from the mover and seconder, prior to the Agenda
deadline.
7.14.2 Where a Procedural Notice of Motion has been given under subsection
7.14.1, for a “motion to amend something previously adopted by Council” or
a “reconsideration”, the details of the amendment and proposed new
resolution for a reconsideration respectively shall be included in the
Procedural Notice of Motion.
7.14.3 Where a Procedural Notice of Motion has been provided to the Municipal
Clerk in accordance with the notice provided, prior to the Agenda Deadline,
it shall be placed in the “Business Arising from Procedural Notices of
Motion” section of the Council Agenda.
7.14.4 Where a Procedural Notice of Motion has been given under Sub-section
7.14.1, the Procedural Notice of Motion shall be printed in full in the
Agenda, under “Business Arising from Procedural Notice of Motion” for that
meeting of Council and each succeeding meeting until the motion is
considered or otherwise disposed.
7.14.5 When a Member’s Procedural Notice of Motion has been called by the Chair
at two successive meetings and not proceeded with, it shall be removed
from the agenda for all subsequent Meetings, unless Council otherwise
decided.
7.15 Questions to Department Heads / Request for Staff Report(s)
7.15.1 No new business may be raised during this section of the agenda, but
Members may ask Questions to Department Heads pertaining to any
matter, including those not necessarily listed on the agenda.
7.15.2 Notwithstanding subsection 7.15.1, Members of Council may introduce a
motion to request a Staff report, under this section of the agenda, when
there is an urgency, and the request cannot be made at a Committee
meeting. Such requests shall:
a) identify the appropriate Department;
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b) the objective(s) of the report;
c) not contain a policy decision; and
d) not contain directions to Staff.
Section 8 – Order of Proceedings – Standing Committees
8.1 General Government Committee (GG)
8.1.1 Call to Order
8.1.1.1 See Sub-section 7.1.
8.1.2 Disclosure of Pecuniary Interest
8.1.2.1 See Sub-section 7.2.
8.1.3 Announcements
8.1.3.1 See Sub-section 7.3.
8.1.4 Presentations
8.1.4.1 See Sub-section 7.4.
8.1.5 Delegations
8.1.5.1 See Section 9.
8.1.6 Reports / Correspondence Related to Presentations / Delegations
8.1.6.1 See Sub-section 7.7.
8.1.7 Communications
8.1.7.1 See Section 7.8.
8.1.7.2 Minutes of external committees and boards, hall boards and BIA’s shall be
listed under this Section of the agenda.
8.1.8 Staff Reports, Staff Memos and New Business Consideration
8.1.8.1 All Staff reports and Staff memos pertaining to the Committee mandate, or
other such matter as may be referred to the Committee by Council shall be
submitted to the Committee for consideration.
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8.1.9 New Business
8.1.9.1 Members may only introduce a motion on New Business provided that the
matter was introduced in accordance with the notice provisions.
8.1.9.2 Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee
Agenda deadline. The New Business Item will be included on the GG
agenda, under the department that the item is most related to and in the
New Business Consideration section of the PD Agenda.
8.1.9.3 Any changes in wording to a New Business item after publication of the
Agenda, shall require an amendment.
8.1.9.4 If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the
appropriate section of the agenda, and it will require a 2/3 vote of the
Members present, and voting at the meeting, to be added to the agenda for
discussion. A note for the “required 2/3 vote to be discussed” will be added
to the agenda.
8.1.9.5 If a Member submits a New Business Item, that is not included in the
agenda, it shall be in writing, and shall not be considered until the next
appropriate Regular Committee meeting.
8.1.9.6 A motion to request a report from Staff regarding a matter not listed on the
agenda is not considered New Business but can be introduced unde r the
"Requests for Staff Reports" section of the agenda.
8.1.9.7 No seconder will be required at the time of providing notice.
8.1.9.8 New Business items shall be regarding the mandate of the appropriate
committee.
8.1.10 Unfinished Business
8.1.10.1 See Sub-section 7.11.
8.1.11 Questions to Department Heads / Request for Staff Report(s)
8.1.11.1 See Sub-section 7.15.
8.1.12 Confidential Items
8.1.12.1 The Confidential Items Section of the Committee Agenda shall include any
confidential Committee Staff report that, due to the nature of the report
should be considered by Committee in a closed meeting in accordance with
Sub-section 4.9.
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8.2 Planning and Development Committee (PD)
8.2.1 Call to Order
8.2.1.1 See Sub-section 7.1.
8.2.2 Disclosure of Pecuniary Interest
8.2.2.1 See Sub-section 7.2.
8.2.3 Announcements
8.2.3.1 See Sub-section 7.3.
8.2.4 Public Meetings
8.2.4.1 Public Meetings shall be conducted in the following manner:
a) The Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted.
b) A member of the Municipality’s Staff shall address the PD
Committee to present the matter to the PD Committee.
c) Members of the public shall then be permitted to make
representation regarding the matter.
d) Then the applicant or agent may make representation.
8.2.4.2 Public meetings, under the Planning Act, shall be limited to two public
meetings per Planning and Development Committee meeting, unless
otherwise agreed between the Municipal Clerk and the Director of Planning
and Development Services.
8.2.4.3 After the Public Meeting has concluded, any related communications and
the related report will be considered as determined by the Chair, without a
need to alter the agenda.
8.2.5 Presentations
8.2.5.1 See Sub-section 7.4.
8.2.6 Delegations
8.2.6.1 See Section 9.
8.2.7 Reports / Correspondence Related to Presentations / Delegations
8.2.7.1 See Sub-section 7.7.
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8.2.8 Communications
8.2.8.1 See Sub-section 7.8.
8.2.9 Staff Reports and Staff Memos
8.2.9.1 See Section 8.1.8.
8.2.10 New Business Consideration
8.2.10.1 See Sub-section 8.1.9.
8.2.11 Unfinished Business
8.2.11.1 See Sub-section 7.11.
8.2.12 Questions to Department Heads / Request for Staff Report(s)
8.2.12.1 See Sub-section 7.15.
8.2.13 Confidential Items
8.2.13.1 See Section 8.1.12
Section 9 – Delegations
9.1 General
9.1.1 Where a single Delegation comprises more than five persons, only two of
them may make verbal submissions to Council or Committee, as the case
may be. The Delegation shall be limited to the time fixed by Sub-section
9.2.5.
9.1.2 Without leave of Council, members shall have one opportunity to ask
questions of Delegations for the purpose of clarifying their submissions only
or to elicit further information from them that is relevant to their submissions
and not to enter into debate with the delegate .
9.1.3 Where a Delegation wishes to provide Members with written communication
supporting the Delegation’s comments, the communication shall be
provided to the Municipal Clerk, or designate prior to the meeting. The
written communication may be distributed to the Members at the discretion
of the Municipal Clerk, or designate.
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9.1.4 Municipal audio-visual equipment may be used to assist in delegations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the delegates(s) contact the
Municipal Clerk’s Division to register for the Meeting. The delegate’s
electronic presentation must be provided to the Municipal Clerk’s Division
no later than close of business the Friday preceding the commencement of
the Meeting. Electronic presentations will not be installed once the meeting
has begun.
9.1.5 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this Sub-section. For clarity, a delegation cannot
be a delegation to another delegation as a way of circumventing other rules
outlined in this by-law.
9.1.6 Persons desiring to verbally present information on matters of fact, or to
make a request to Council, shall give notice, including the subject of their
address and their desired action requested of Council, to the Municipal
Clerk by the Agenda Update Deadline.
9.1.7 No delegation may speak to matters described in section 2.5.
9.1.9 No delegation may speak to the same matter twice within the same
meeting.
9.1.10 Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to
the addendum for the applicable meeting if written notice to the Clerk is
received by the Agenda Update Deadline for the appropriate Standing
Committee.
9.1.11 Where a delegation request is received after the Agenda Deadline and the
matter is not included on the agenda for the meeting, then the request will
not be placed on the immediate agenda but rather would be a future
Agenda of the appropriate Standing Committee.
9.1.12 A delegation, not listed on the agenda, shall not be heard without the
consent of at least 2/3 majority of the Members present and shall be
pertaining to an item listed on the Agenda.
9.2 Delegations - To Council
9.2.1 Delegations shall be restricted to speaking to matters included on the
Council agenda for the Meeting in question.
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9.2.2 Notwithstanding Sub-section 9.2.1, Delegations shall not be permitted to
speak to a matter that was considered at the GG Committee or PD
Committee, or is the subject of a Staff report or matter included under
Unfinished Business included on the Council agenda, where the Delegation
spoke to the item at the GG Committee or PD Committee meeting, including
a Public Meeting, which is being reported to Council, unless a majority of
the Members present vote in favour to hear the delegation.
9.2.3 Notwithstanding Sub-section 9.2.1, where the Municipal Clerk determines
that the matter is of an urgent nature and there is insufficient time for a
Delegation respecting it to be heard by the GG Committee or PD
Committee, subject to Sub-section 9.2.4, the Delegation may be permitted
to speak to Council on the matter.
Request to Speak
9.2.4 Delegations shall notify the Municipal Clerk no later than the Agenda
Update Deadline but delegations are encouraged to register prior to noon
on the Wednesday prior to the meeting to be included in the published
agenda.
Time Limits – Delegations
9.2.5 Each Delegation in respect of a particular matter shall be limited to ten (10 )
minutes in addition to the time taken by Council to ask questions of the
delegate and to receive answers to such questions.
9.3 Delegations - To Committee
9.3.1 Except where a particular matter has been reported by the Director of a
Department or the Chief Administrative Officer directly to Council, or in
cases in which the Municipal Clerk determines that the matter is of an
urgent nature and there is insufficient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding Sub-section 9.3.1, unless otherwise determined by the
Municipal Clerk, Delegations shall not be permitted to:
a) speak to PD Committee regarding a matter that is the subject of a
Public Meeting which is included on the PD Committee agenda.
b) speak to PD Committee regarding a matter which is within the mandate
of the GG Committee meeting.
c) speak to GG Committee regarding a matter which is within the mandate
of the PD Committee meeting.
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Time Limits - Committee
9.3.3 See Section 9.2.5.
Request to Speak – Required
9.3.4 See Section 9.2.4.
Disposition of Items
9.3.5 When a delegate is addressing a matter that is not otherwise included on
the agenda, a motion to deal with the delegation shall be in order
immediately following the conclusion of the delegation.
9.3.6 Where there is no accompanying Staff report or Staff communication
dealing with the subject of the delegation, the matter may be received or
referred to Staff by a simple majority vote. All other motions require a 2/3
majority vote of Council for approval.
9.3.7 When considering the disposition of items related to:
a) Provincial legislation, Council’s position shall be forwarded to the
Association of Municipalities of Ontario (AMO) for review and
consideration.
b) Federal legislation, Council’s position shall be forwarded to the
Federation of Canadian Municipalities (FCM) for review and
consideration.
c) Forwarding Council’s decision to all Ontario Municipalities, Staff shall
forward to the Association of Municipalities of Ontario (AMO) for review
and consideration and not to all municipalities.
9.3.8 When Council only receives a correspondence item for information, no
correspondence shall be sent to the submitter.
9.4 At a Public Meeting
9.4.1 Where it is Council’s responsibility to conduct a public meeting, the PD
Committee shall conduct such Public Meeting.
Time Limits
9.4.2 See 9.2.5.
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Request to Speak – No Request Required
9.4.3 A person wishing to make representation on a matter for which a Public
Meeting is held, is not required to give written notice, unless it is required as
part of electronic meeting participation procedures as set out by the
Municipal Clerk and is not required to be listed on the PD Committee
agenda for the Meeting in question.
9.5 Special Meetings
9.5.1 No Delegation will be heard at a Special Meeting of Council or Committee
meeting unless otherwise directed in the call of the special meeting.
9.6 Conduct of Delegations and Presenters
9.6.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
c) speak on any subject other than the subject for which they have
given notice to address Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members;
f) appropriate any unused time allocated to another Delegation or
Presenter; or
g) deviate from answering directly when answering a question.
9.7 Petitions
9.7.1 An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. That organizer shall provide their name,
address, email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
9.7.2 Any communication with respect to the petition will be with the organizer of
the petition only.
9.7.3 Petitions shall contain the printed name, signature , and municipal address
of the individuals signing it. Signatures without contact information, or who
are not Clarington residents, shall be redacted by the individual or group
submitting the Petition or it will not be accepted by the Municipal Clerk nor
placed on an agenda.
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9.7.4 The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
9.7.5 Signatories to a petition are deemed to have waived any expectation of
privacy as a result of the record being created for review by the general
public.
9.7.6 Petitions may be placed on agendas at the discretion of the Municipal Clerk,
including the summarizing of the petition and numbers of signatories.
Section 10 – Rules of Debate and Conduct
10.1 Conduct of Members of Council or Members of Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or sp eak
disrespectfully against the Council, against any Member, or against
any officer or employee of the Municipality;
c) speak on any subject other than the subject in debate;
d) disobey the Rules of Procedure or a decision of the Chair, on
questions of Points of Order or procedure or upon the interpretation
of the Rules of Procedure except where the ruling of the Chair is
reversed by Council pursuant to Sub-section 10.6.2. If a Member
persists in any such disobedience after having been called to order
by the Chair, the Chair shall forthwith order him to vacate the
Council Chambers or room in which the Meeting is being held, or
remove him from an electronic meeting but if the Member
apologizes they may, by majority vote of the Members, be
permitted to retake their seat; or
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
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10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by them, shall
address the Chair.
10.3 Order of Speaking
10.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
10.3.2 Members may ask questions of Staff, with the Chair’s permission, during
any portion of a Council or Committee meeting if it pertains to a matter on
the Agenda.
10.4 Point of Privilege
10.4.1 Where a Member considers that their rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as
a matter of Privilege, the Member may rise on a Point of Privilege at any
time, with the consent of the Chair, for the purpose of drawing the attention
of Council or Committee to the matter.
10.4.2 A Member who desires to address Council or Committee, as the case may
be, on a matter which concerns the rights or privileges of the Council
collectively, or as an individual Member, will be permitted to raise such Point
of Privilege. A breach of privilege is a willful disregard by a Member or any
other person of the dignity and lawful authority of Council. A Point of
Privilege will take precedence over other matters. When a Member raises a
Point of Privilege, the Chair may use the words “Councillor…state your
Point of Privilege”. While the Chair is ruling on the Point of Privilege, no one
will be considered to be in possession of the floor, but thereafter the
Member in possession of the floor when the Point of Privilege was raised,
has the right to the floor when debate resumes.
10.5 Point of Order
10.5.1 The Chair shall preserve order and decide on Points of Order.
10.5.2 A Member who desires to call attention to a violation of the Rules of
Procedure will ask leave of the Chair to raise a Point of Order. When leave
is granted, the Chair may use the words “Councillor…state your Point of
Order.” The Member will state the Point of Order with a concise explanation
and will comply with the decision of the Chair. The Member in possession of
the floor when the Point of Order was raised has the right to the floor when
debate resumes.
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10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or Point of Order, if the
Member does not appeal immediately thereafter to Council or Committee,
as the case may be, the decision of the Chair shall be final.
10.6.2 If the decision is appealed, the Chair will give concise reasons for their
ruling, and will call a vote by Council or Committee, as the case may be,
without debate on the following question: “Will the ruling be sustained?”,
and the decision of Council or Committee is final. The Chair may vote on
this question. In the event of a tie vote, the ruling of the Chair shall be
deemed to be sustained.
10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between him and
the Chair, or interrupt him except to raise a Point of Order.
10.8 Question Read
10.8.1 Any Member may request the question or motion under discussion to be
read at any time during the debate but not so as to interrupt a Member while
they are speaking.
10.9 Speak Once - Reply
10.9.1 No Member shall speak more than once to the same question without leave
of Council or Committee, as the case may be, by a simple majority, except
that a reply shall be allowed to be made only by a Member who has
presented the motion, but not by any Member who has moved an
amendment or procedural motion in response to that motion.
10.10 Time Limit
10.10.1 No Member, without leave of Council or Committee, as the case may be,
shall speak to the same question or in reply for longer than five (5) minutes.
10.11 Questions
10.11.1 A Member may ask a question for the purpose of obtaining information
relating only to the matter under discussion and such questions must be
stated concisely and asked only through the Chair.
10.11.2 Notwithstanding Sub-section 10.11.1, when a Member has been recognized
as the next speaker, such Member may ask a question through the Chair to
any Member, the Chief Administrative Officer, or Department Head, or
designate, but only for the purpose of obtaining information on matters
contained on the Agenda, following which the Member may speak.
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10.12 Motions
Reading
10.12.1 All motions must be introduced by a mover and seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration
and therefore it shall not be recorded in the minutes.
10.12.2 When a motion is presented in a Meeting, it shall be read by the Member,
or, if it is a motion which may be presented orally as provided in Sub-section
10.12.8 it shall be stated by the Chair before debate.
10.12.3 Notwithstanding Sub-section 10.12.2, a motion, the wording of which is
printed in the agenda as either a separate item or as part of a report, need
not be read in its entirety unless requested to do so by a Member, but shall
be deemed to have been read for the purpo ses of introducing the motion.
Withdrawn
10.12.4 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council or Committee, but may be withdrawn by the mover at
any time before decision.
No debate until properly moved and seconded
10.12.5 No Member shall speak to any motion until it is properly moved and
seconded, and the mover is entitled to speak first if the Member so elects.
If debated, the question or motion may be read before being put.
Motion Ruled Out of Order
10.12.6 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.12.7 A motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction, shall not be in order at a
Meeting of Council or Committee unless it is for purposes of requesting a
higher level of government to make changes to policy or legislation .
Matters and Motions Without Notice and Without Leave
10.12.8 The following matters and motions may be introduced orally by a Member
without notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) A Point of Order or Privilege;
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b) To adjourn;
c) To suspend the Rules of Procedure;
d) To table the question without direction or instructions;
e) To divide;
f) Question be now put; and
g) To recess.
10.12.9 The following motions may be introduced orally by a Member without notice
and without leave, except as otherwise provided by this Procedural By-law,
and may be debated:
a) To refer;
b) To defer (debate not permitted, see sub-section 10.12.21);
c) To table with instructions (instructions for tabling only to be
debatable);
d) To amend;
e) To extend the time of the Meeting;
f) To receive for information or with thanks;
g) To adopt the Minutes;
h) To approve/receive the Standing Committee or Advisory Committee
Minutes;
i) To passing By-laws;
j) To dispense with Consent Agendas; and
k) That the Question Now be Put.
Motion in Writing
10.12.10 Except as provided by Sub-section 10.12.8 and 10.12.9, all motions
introduced at a Meeting shall be in writing unless listed in the Agenda.
Priority of Disposition
10.12.11 A motion properly before Council or Committee for decision must be
disposed of before any other motion can be received except a motion in
respect of matters listed in Sub-section 10.12.8 or 10.12.9.
Motion to Refer
10.12.12 A motion to refer a matter under discussion by Council or Committee shall
be considered before all amendments to the main question are considered
until the motion to refer is decided.
10.12.13 A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and
any amendments that have been put to a vote, and shall include an
amendment that has not yet been decided.
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10.12.14 If communication items, or delegations, are referred to another Agenda item
which is subsequently referred to a future meeting, t here is no need to
include the communication items, or delegations, in the Agenda of the
subsequent meeting.
10.12.15 A motion to refer, or any amendment to it, is debatable and shall include:
a) To whom the matter is to be referred, which may be Council,
Committee, a Department or a person, and
b) The terms for referring the matter and the time or period, if any, on or
within which the matter is to be returned.
Motion to Amend
10.12.16 A motion to amend:
a) Shall be presented in writing if requested by the Chair;
b) Shall relate to the subject matter of the main motion;
c) Shall not be received proposing a direct negative to the question; and
d) Shall be put to a vote in reverse order to the order in which the
amendments are made.
10.12.17 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Motion to Amend Something Previously Adopted
10.12.18 See Sub-section 7.14.
10.12.19 No motion to amend something previously adopted a decided matter of
Council shall be in order when the original motion has been implemented
resulting in a legally binding commitment that is in place on the date that a
motion to reconsider, or amend, is to be debated.
Question Be Now Put
10.12.20 A motion that the question be now put:
a) Is not debatable;
b) Cannot be amended;
c) Cannot be proposed when there is an amending motion under
consideration, except for the purpose of moving that the amending
motion be put;
d) When resolved in the affirmative, requires that the question(s),
motion, amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or
amendment;
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e) May be moved in the following words, “that the question be now put”;
and
f) A motion that the “question be now put” requires an affirmative vote
of two-thirds of the Members present and voting.
Motion to Table
10.12.21 A motion simply to table, or defer, cannot be debated or amended except
where instructions are included, in which case, only the instructions shall be
debatable.
10.12.22 The matter tabled shall not be considered again by the Council or
Committee until a motion has been made to lift from the table the tabled
matter at the same or a subsequent Meeting.
10.12.23 A matter tabled at a Meeting of Committee may be lifted from the table by
Council.
10.12.24 A matter tabled at Council may not be lifted from the table at a Meeting of
Committee.
10.12.25 A motion to table shall only be used to table a matter indefinitely. For clarity,
if Council/Committee wishes to consider a matter at a future meeting, a
referral motion would be in order.
10.12.26 A motion that has been tabled at a previous Meeting cannot be lifted from
the table unless notice thereof is given in accordance with Sub-section 7.14.
Motion to Divide
10.12.27 A motion containing distinct proposals may be divided and a separate vote
shall be taken upon each proposal contained in a motion if decided upon by
a majority vote of the Members present and voting. For clarity, a motion to
divide shall be handled as follows:
a) Original motion is duly moved and seconded;
b) Mover and seconder for a “motion to divide” decide to divide ABC
from the original motion;
c) The Chair calls the vote on the motion to divide, which is debatable;
d) If the motion to divide passes, the Chair calls the vote on the
balance;
e) The matter of the divided item(s) are now being considered with the
same mover and seconder as the original. The Chair calls the vote
on the divided item(s).
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Motion to Rescind
10.12.28 See Sub-section 7.14.
10.12.29 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to reverse. The part of an order of Council
which has not been acted upon, however, may be rescinded.
Reconsideration
10.12.30 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Council may be
reconsidered by Council subject to the following:
a) A Procedural Notice of Motion has been introduced according to the
procedure for Procedural Notice of Motion, provided for in
Sub-section 7.14;
b) Debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
c) No discussion of the main substantive motion shall be allowed until
the motion for reconsideration is carried;
d) Such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the
matter is re-opened for debate unless the reconsideration is on a
matter passed by a previous Council wherein a simple majority is
sufficient to reconsider the matter;
e) If a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been
voted on;
f) If a motion to reconsider is decided in the affirmative at a Meeting,
the previously adopted resolution of Council remains in force unless
and until Council adopts a new resolution; and
g) A vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
10.12.30.1 Where a written decision of the Local Planning Appeal Tribunal (LPAT)
identifies findings with regard to an appeal and delivers those findings to
Council to make a new decision, the matter shall be placed as soon as
practicable on the PD Committee meeting agenda by way of a staff report,
following receipt of the written decision from LPAT. The matter shall be
deemed not to be a "reconsideration" under section 10.12.30 of this By-law.
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10.12.31 No motion to reconsider a decided matter of Council shall be in order when
the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider, or
amend, is to be debated.
Motion to Recess
10.12.32 A motion to recess shall provide for Council or Committee to take a short
intermission within a Meeting which shall neither end the Meeting nor
destroy its continuity and after which, proceedings shall immediately resume
at the point where they were interrupted.
10.12.33 A motion to recess is not debatable, but is amendable as to the length of the
recess.
Motion to Adjourn
10.12.34 A motion to adjourn:
a) Shall always be in order except as provided by this Procedural
By-law;
b) Is not in order when a Member is speaking or during the verification
of a vote;
c) When resolved in the negative, cannot be made again until after
some intermediate proceedings shall have been completed by
Council or Committee, as the case may be;
d) Is not in order immediately following the affirmative resolution of a
motion that the question be now put;
e) If carried, without qualification, will bring a Meeting to an end;
f) To a specific time, or to reconvene upon the happening of a specified
event, if carried, suspends the Meeting to continue at such time; and
g) Is not debatable.
10.12.35 A motion to proceed beyond the scheduled adjournment time:
a) Shall not be amended or debated;
b) Shall always be in order except when a Member is speaking or the
Members are voting; and
c) Shall require the rules to be suspended.
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10.13 Voting on Motions
10.13.1 Immediately preceding the taking of the vote on a motion, the Chair may
state the question in the form introduced and shall do so if required by a
Member.
10.13.2 After a question is finally put by the Chair no Member shall speak to the
question nor shall any other motion be made until after the vote is taken and
the result has been declared.
10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
vote on the question.
10.13.4 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put,
the member shall be deemed to have voted in the negative.
10.13.5 A Member not in their seat when the question is called by the Chair is not
entitled to vote on that question.
10.13.6 Each Member has only one vote.
10.13.7 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
10.13.8 Except for a Recorded Vote, the Chair shall announce the result of every
vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council or Committee on a
motion shall be at the discretion of the Chair and may be by voice, show of
hands, standing, or otherwise.
Recorded Vote
10.13.10 A Recorded Vote shall be in order at Council, Committee and Local Board
meetings, and may be requested immediately before or after the taking of
the vote.
10.13.11 When a Recorded Vote is requested by a Member during a Meeting, or is
otherwise required, the Municipal Clerk shall record the name and vote of
every Member.
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10.13.12 The order in which Members vote on recorded votes shall be in alphabetical
order of the Members present and voting, commencing with the Member
who made the request and continuing through the alphabet and then back
to the beginning of the alphabet, if necessary, until all Members have voted.
The Chair shall vote last.
10.13.13 If a request for a recorded vote is made by the Chair, the order in which
Member’s vote shall be in alphabetical order of the Members present and
voting. The Chair shall vote last.
10.13.14 The Municipal Clerk, or designate, shall announce the results of the
Recorded Vote.
Consent Resolution
10.13.15 Should a Member wish to discuss an item on a consent resolution, including
a change to the recommended motion, they would request the item be
“pulled” from the consent resolution and that item would be discussed
separately.
10.13.16 Should a Member have a pecuniary interest in an item on a consent
resolution, the item shall be removed from the consent resolution and dealt
with separately.
10.13.17 Should a Member wish to simply discuss an item on a consent resolution,
but not change the recommended motion, the Member may do so without
“removing” the item from the consent resolution.
10.14 Conduct of the Audience
10.14.1 Members of the public who constitute the audience in the Council Chamber
or adjacent to the Meeting room, or in an electronic meeting, or other such
place where the Meeting is held in accordance with Sub-section 4.1 of this
Procedural By-law, during a Meeting, shall maintain order and quiet and
may not:
a) Address Council or Committee without permission;
b) Interrupt any speaker or action of the Members or any o ther person
addressing Council or Committee;
c) Speak out;
d) Clap, except following award presentations;
e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
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Section 11 - Implementation
11.1 Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
11.2 By-law 2015-029 and all amendments thereto, including and may not be
limited to By-laws 2016-075, 2016-082, 2018-002, 2018-012, 2018-073,
2019-011, 2019-057, 2020-022, 2020-046, 2020-060, 2020-077 are hereby
repealed.
11.3 This Procedural By-law shall come into full force and effect on July 6, 2021.
By-law passed in open session this 14th day of, June, 2021.
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Attattatsatsfrfatat
If this information is required in an alternate format, please contact the Accessibility Coordinator at
905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2021-055
Being a By-law to adopt Amendment No. 1 to the municipal-wide COVID-19
Community Improvement Plan (CIP)
Whereas Section 28 of the Planning Act, R.S.O. 1990, as amended, authorizes local
municipalities to designate community improvement project areas and adopt community
improvement plans for such areas;
And Whereas on June 22, 2020 the Council of the Corporation of the Municipality of
Clarington passed By-law 2020-039 to designate all lands within the Municipality of
Clarington as a community improvement project area for the purpose of the preparation
of a municipal-wide COVID-19 community improvement plan;
And Whereas on October 13, 2020 the Council of the Corporation of the Municipality of
Clarington passed By-law 2020-067 to adopt Clarington’s COVID-19 Community
Improvement Plan; and
And Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the COVID-19 Community Improvement Plan, dated October 2020;
Now Therefore the Council of the Municipality of Clarington enacts as follows:
1. That the Amendment No. 1 to the COVID-19 Community Improvement Plan,
Schedule 1 to this By-law, is hereby adopted.
2. This By-law shall come into force and take effect on the date of its passage.
Passed in Open Council this 14th day of June, 2021
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
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Attattatsatsfrfatat
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Schedule 1 to By-law 2021-055
Amendment Number 1
To the Clarington COVID-19 Community Improvement Plan
Purpose: The purpose and effect of the COVID-19 Community Improvement Plan (CIP)
Amendment is to modify the COVID-19 CIP, including the Financial Incentives Program
general eligibility and means test criteria, to better support qualifying local businesses
with COVID-19-related improvements.
Basis: Section 28 of the Planning Act allows municipalities that contain enabling provisions in
their Official Plans to prepare and adopt Community Improvement Plans.
Subsection 5.2 (Adjustments and Amendments to this Plan) of the COVID -19 CIP,
provides for modifications or changes to the vision and goals, General Eligibility or
Means Test Criteria subject to a formal amendment as per the requirements of the
Planning Act.
This Amendment is based upon the identified and evolving needs of local businesses
throughout the ongoing COVID-19 pandemic, and the performance of the COVID-19
CIP once implementation began. In accordance with the Monit oring and Evaluation
Strategy contained in the CIP, a six-month review of the document was undertaken.
The proposed modifications are intended to address eligibility pinch points that have
been identified.
Actual
Amendment: The Clarington COVID-19 Community Improvement Plan is amended as follows:
1. By adding a new phrase to Subsection 3.2.4 (General Eligibility Criteria) as follows:
“In the case of Registered Medical Practitioners, the business must have no more
than three licensed practitioners from the same profession.”
2. By deleting Subsection 3.3.1 (Means Test Criteria) and replacing it with the
following:
“Demonstrate a minimum of 30 per cent loss of revenue during the most recent
fiscal year relative to the 2019 fiscal year, or an alternative period defined by and to
the satisfaction of the Director of Financial Services/Treasurer.
Businesses that opened prior to March 2020 but did not have a full prior fiscal year
are still eligible, provided all other General Eligibility and Means Test Criteria are
met.”
3. By deleting Subsection 3.3.4 (b) (Means Test Criteria)
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Attattatsatsfrfatat
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
4. By deleting Subsection 3.3.7 (Means Test Criteria) and replace it with the following:
“Declare that the business has not received any other grant funding for the purpose
of assisting with expenses related to the projects identified in the application for the
Financial Incentive Programs herein.”
5. By adding a phrase to the end of the second paragraph of Subsection 4.3.6
(Application Process and Submission Requirements for Financial Incentive
Programs) so the paragraph reads as follows:
“Applications seeking grant funding for projects completed between March 17, 2020
and the date the COVID-19 CIP comes into effect will be subject to a limited
application intake period. The deadline for such applications will be three months
from the effective date of the COVID-19 CIP, as amended.”
6. By deleting the definition of ‘Local, Independent Business’ in Subsection 7
(Glossary) and replacing it with the following:
“Local, Independent Business means a business that is located within Clarington
and is not owned and operated by corporate chain of businesses. For clarity,
independently owned and operated franchises are considered local, independent
businesses for the purposes of this document.”
Implementation: The provisions set forth in the Municipality of Clarington COVID -19 Community
Improvement Plan, regarding the implementation of the Plan, shall apply in regard
to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington COVID-19 Community
Improvement Plan, regarding the interpretation of the Plan, shall apply in regard to
this Amendment.
File Number: PLN 37.6
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