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HomeMy WebLinkAbout2021-10-15Clar*wn Electronic Council Communications Information Package Date: October 15, 2021 Time: 12:00 PM Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk at clerks@clarington.net, if you would like to include one of these items on the next regular agenda of the appropriate Standing Committee, along with the proposed resolution for disposition of the matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the next regularly scheduled meeting of the applicable Committee. Joint General Government and Planning and Development Committee October 25, 2021 Pages 1. Region of Durham Correspondence 1.1. Regional Municipality of Durham and Regional Municipality of York, 3 Regarding Environmental Screening Report - Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year, October 7, 2021 2. Durham Municipalities Correspondence 2.1. Town of Whitby - Provincial Funding for Municipal By-law Enforcement 5 Costs related to Proof of Vaccination Policy 3. Other Municipalities Correspondence 4. Provincial / Federal Government and their Agency Correspondence 4.1. Ministry of the Environment, Conservation and Parks, Regarding 7 Regulations Under the Conservation Authorities Act, October 7, 2021 4.2. Ministry of Northern Development, Mines, Natural Resources and 9 Forestry, Regarding Proposed Amendments to the Crown Forest Sustainability Act, 1994, Professional Foresters Act, 2000 and the Public Lands Act, October 7, 2021 5. Miscellaneous Correspondence 5.1. A Night at WindReach Farm Virtual Gala, featuring Ben Hudson 16 Saturday, November 6, 2021— 7:00pm to 8:00pm Page 2 If you require this information in an accessible format, please contact The Regional Municipality of Durham at 1-800-372-1102 ext. 3560. 77OD)) 1 ■� 1 DURHAM REGION Sent via email (agreentree@clarington.net) October 7, 2021 A. Greentree, Town Clerk Municipality of Clarington 40 temperance Street Bowmanville, ON L1 C 3A6 Dear A. Greentree, RE: Environmental Screening Report - Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year The Regional Municipality of Durham and the Regional Municipality of York (the Regions) are conducting an Environmental Screening in accordance with Ontario Regulation 101/07: Waste Management Projects to increase the processing capacity of the Durham York Energy Centre from 140,000 tonnes per year to 160,000 tonnes per year. Your agency has been identified as having a potential interest in the Project, and we are providing the attached copy of the Environmental Screening Report for your review and comment. All materials generated for the Environmental Screening Process, as well as copies of the reports completed for the original 2009 Environmental Assessment are also available on the DYEC Project website (DurhamYorkWaste.ca). The DYEC site is located at 1835 Energy Drive, in the Municipality of Clarington, Ontario, Canada, and has been in commercial operation since 2016. The DYEC is a waste management facility that produces energy from the combustion of residential garbage that remains after maximizing waste diversion programs in both Regions. Durham Region's portion of DYEC processing capacity is 110,000 tonnes (approx. 80 per cent) and York Region's is 30,000 tonnes (approx. 20 per cent). Page 3 The DYEC generates enough electricity to power approximately 10,000 homes a year. It also captures residual metals for recycling and reduces the volume of waste going to landfill up to 90 per cent. By using state-of-the-art pollution control equipment and proven, reliable energy from waste technology, the DYEC meets stringent environmental standards and reduces greenhouse gas emissions compared to the landfilling option. The proposed undertaking to increase the maximum annual processing rate from 140,000 tonnes per year to 160,000 tonnes per year can be achieved with the existing infrastructure and does not require additional construction or installation of equipment. As further described in the Environmental Screening Report, the proposed increase is expected to have no significant impact on the environment. The DYEC received temporary authorization from the MECP to process up to 160,000 tonnes in 2020 to allow the Regions to manage additional tonnage resulting from the COVID-19 pandemic. Based on this temporary authorization, the Regions processed 145,343 tonnes of garbage in 2020, while recovering approximately 4,168 tonnes of metal and generating 107,243 MWh of electricity to the provincial grid. Monitoring results confirm that there were no adverse environmental effects from processing tonnage at an increased rate in 2020. Should you have any questions, comments, or concerns about the enclosed Environmental Screening Report, please contact Andrew Evans, Project Manager, Waste Planning and Technical Services, at 905-404-0888 extension 4102 or andrew.evans@durham.ca. Sincerely, � a ZZ- I �_ Andrew Evans, M.A.Sc., P.Eng. Project Manager Management Lindsay Milne, M.A.Sc. Manager, Sustainable Waste Waste Planning and Technical Services Environmental Services The Regional Municipality of Durham The Regional Municipality of York Andrew. Evans@durham.ca Lindsay.Milne@york.ca Enclosure (Environmental Screening Report, dated October 2021) Page 4 Town of Whitby 575 Rossland Road East, Whitby, ON L1 N 2M8 905.430.4300 whitby.ca October 13, 2021 Via Email: Honourable Doug Ford Premier of Ontario premier(a-ontario.ca Lorne Coe M.P.P, Whitby lorne.coe(a)-pc.ola.org WhitbyVd Re: Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy Please be advised that at a meeting held on October 4, 2021, the Council of the Town of Whitby adopted the following as Resolution # 258-21: Whereas the Province enacted a proof of vaccination policy which took effect on September 22, 2021; and, Whereas on September 1, 2021 Premier Ford stated that By-law Officers may be responsible for enforcing issues of non-compliance for regulated businesses that fail or refuse to require proof of vaccination for their patrons; and, Whereas municipal By-law Officers have dedicated significant time and resources enforcing Provincial mandates and guidelines throughout the course of the COVID-19 pandemic, including enforcement of stay-at-home orders, all of which is outside of core municipal by-law enforcement responsibilities; and, Whereas costs for municipal By-law Officers are borne by residents and businesses in Whitby and not the Province; Now therefore, be it resolved: That Council requests that the Province provide funding to local municipalities for municipal by-law enforcement costs related to issues of non-compliance as a result of the Province's proof of vaccination policy; and, Page 5 2. That the Clerk be directed to send a copy of this resolution to Premier Ford, M.P.P. Lorne Coe, and all Durham municipalities. Should you require further information, please do not hesitate to contact the Office of the Town lerk at 9 55-430-4315. Kevin Narraway Manager of Legislative Services/Deputy Clerk Copy: C. Harris, Town Clerk — harrisc(a-)-whitby.ca N. Cooper, Director of Legislative and Information Services, Town of Ajax - clerks ajax.ca D. Hunt, Clerk, Township of Brock - deena.hunt(a-).brock.ca J. Gallagher, Municipal Clerk, Municipality of Clarington - clerks(a�clarington.net M. Medeiros, City Clerk, City of Oshawa - clerks(a-)_oshawa.ca S. Cassel, City Clerk, City of Pickering - clerks pickering.ca B. Jamieson, Director of Corporate Services/Municipal Clerk, Township of Scugog - bjamieson(cD-scugog.ca D. Leroux, Clerk, Township of Uxbridge-dleroux(a_town.uxbridge.on.ca Page 6 Page 2 of 2 From: ca.office (MECP) To: ca.office (MECP) Subject: Regulations under the Conservation Authorities Act — Ministry of the Environment, Conservation and Parks Date: October 7, 2021 3:58:31 PM Attachments: image001.pno You don't often get email from ca.office@ontario.ca. Learn why this is important EXTERNAL Ministry of the Environment, Ministere de I'Environnement, de la Conservation and Parks Protection de la nature et des Pares 8 Conservation and Source Direction de la protection de la nature Protection Branch et des sources 14th Floor 141 etage 40 St. Clair Ave. West 40, avenue St. Clair Ouest Toronto ON M4V 1 M2 Toronto (Ontario) M4V 1 M2 Good afternoon: As part of Ontario's efforts to implement amendments to the Conservation Authorities Act made in 2019/2020 to ensure that conservation authorities focus and deliver on their mandates of protecting people and property from flooding and other natural hazards, and conserving natural resources, three (3) new regulations have been made under the Conservation Authorities Act: • Ontario Regulation 686/21: Mandatory Programs and Services. This regulation prescribes the mandatory programs and services conservation authorities would be required to provide, including core watershed -based resource management strategies. • Ontario Regulation 687/21: Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act. This regulation requires each authority to have a 'transition plan' that would outline the steps to be taken to develop an inventory of programs and services and to enter into agreements with participating municipalities to fund non -mandatory programs and services through a municipal levy, among other things. It also establishes the transition period to enter into those agreements. • Ontario Regulation 688/21: Rules of Conduct in Conservation Areas. This regulation consolidates the current individual conservation authority `Conservation Area' regulations made under Section 29 of the Conservation Authorities Act into one Minister's regulation that regulates the public use of authority owned land. The new regulations will focus conservation authorities on their core mandate by prescribing mandatory programs and services they must provide, giving municipalities greater control over which conservation authority non -mandatory programs and services they will fund, and will consolidate "conservation areas" regulations. A decision notice is available on the Environmental Registry of Ontario (notice number 019-2986). The regulations reflect extensive comments received on the regulatory proposals posted on the Environmental Registry of Ontario for 45 days from May 13, 2021 until June 27, 2021. We received 444 submissions from municipalities, conservation authorities, Indigenous communities and organizations, environmental non -government organizations, community groups, industry, agricultural sector, and individuals. We also held 3 webinars with ministry Page 7 staff in which over 500 people attended. All the feedback received during the consultation period was considered, and the final regulations were modified based on this feedback as follows: • We extended the timeline that conservation authorities must complete the transition to the new funding framework to January 1, 2024. • We clarified the requirements for municipal involvement in the preparation of the inventory of programs and services. • We added the requirement for conservation authorities to provide costing information (e.g. total costs for the last 5 years) to deliver all mandatory and non -mandatory programs and services. • We included low -maintenance passive recreation like trails, day use parks and picnicking areas in the list of mandatory programs and services. • We provided an extended timeline for specific deliverables (i.e. core watershed -based resource management strategy) under the mandatory programs and services regulation (i.e. to be completed on or before December 31, 2024). • We removed the requirement for conservation authorities to have community advisory boards (they will continue to be optional for conservation authorities). For clarity, conservation authorities will still have the opportunity for an agriculture representative to be appointed by the Minister. These regulations will improve conservation and land management efforts, strengthen Ontario's resilience to climate change, ensure continued access to safe drinking water, protect people and property from extreme weather events like flooding, drought, and erosion, and most importantly protect the environment. Thank you again for your input. You can reach the ministry at ca.office&ontario.ca if you have any questions. The Ministry will also be organizing webinars to answer technical questions in October. I look forward to continuing to work with you to ensure conservation authorities are in the best position to deliver on their core mandate. Sincerely, Kirsten Corrigal Director, Conservation and Source Protection Branch AM* Ministry of Northern Development, Ministere du Developpement du Nord, des Mines, Natural Resources and Mines, des Richesses naturelles et des Forestry Forks Policy Division Division de la politique Ontario Director's Office Bureau du directeur Crown Forests and Lands Policy Branch Direction des politiques relatives aux strategies 70 Foster Drive, Suite 400 et aux affaires autochtones S Sault Ste. Marie, ON P6A 6V5 Sault rue Foster, 3e ON P Nord t Sainte Marie, ON 6A 6V5 October 7, 2021 Re: Proposed amendments to the Crown Forest Sustainability Act, 1994, Professional Foresters Act, 2000 and the Public Lands Act, Ministry of Northern Development, Mines, Natural Resources and Forestry included in the Supporting People and Businesses Act, 2021 Greetings, On October 7, the Minister of Economic Development, Job Creation and Trade introduced the proposed Supporting People and Businesses Act, 2021 in the Ontario Legislature. As part of this Bill, the Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF) proposed legislative changes to three statutes. These proposed changes are intended to support the government's commitment to reduce regulatory burden on business, and modernize government to be simpler, faster, and more cost-effective, without compromising public health, safety and the environment. The proposed changes include the following: Crown Forest Sustainability Act, 1994 Proposed amendments to the Crown Forest Sustainability Act, 1994 would enable streamlined authorizations for personal use harvesting, including fuelwood, building products and Christmas trees. These authorizations would be available once regulations are in place prescribing the terms and conditions that may apply to personal use harvesting. If these proposed amendments are enacted, the ministry will consult with the public, stakeholders and municipalities about any subsequent regulations proposed to implement them. Professional Foresters Act, 2000: Proposed amendments are intended to modify the scope of practice to better define what professional forestry is and reduce the overlap with other occupations (e.g., arborists, biologists). Page 9 Public Lands Act: The proposed amendments to the Public Lands Act would: Provide the Minister explicit authority to set, charge, waive, change, or refund fees related to the management, use or disposition of public lands to provide for a more efficient approvals process. 2. Provide the Minister explicit authority to make public lands -related decisions that currently rest with the Lieutenant Governor in Council (LGIC) to reduce the time needed for approvals. 3. Prevent the loss of public lands without the Crown's consent and for less than fair market value due to adverse possession by third parties, including providing the Minister with any necessary related authorities. 4. Allow dispositions or transfers of lands bordering water bodies where less than 25 per cent of frontage would remain public land to support Indigenous community interests, land claim settlements, and local community and economic development. These proposed amendments are not intended to significantly increase dispositions along water bodies and the ministry will still be required to undertake any applicable environmental assessment process and fulfill the duty to consult obligations, should they arise, prior to making any individual land disposition decision. If the proposed amendments are passed by the legislature, they would improve clarity, customer service and reduce unnecessary burdens, resulting in a more effective and less time-consuming approvals process. Additional information on all the proposals is also provided in the Appendix. These proposed changes appear in the Supporting People and Businesses Act, 2021 that is currently before the Legislature. The Legislature will determine the next steps associated with the Bill. The following link provides additional details on the status of the Bill (Bill 13, Supporting People and Businesses Act, 2021 - Legislative Assembly of Ontario (ola.org). In addition, details regarding the proposed amendments to the Crown Forest Sustainability Act, Professional Foresters Act and Public Lands Act are available on the Environmental Registry of Ontario (ERO) and on the Regulatory Registry. You can review the relevant bulletins/postings and provide comments using the following links: 0 Page 10 Crown Forest Sustainability Act ERO: Proposed amendments to the Crown Forest Sustainabilitv Act to Reduce Red - Tape for the harvest of Crown forest resources for personal use Regulatory Registry: Proposed amendments to the Crown Forest Sustainability Act to Reduce Red -Tate for the harvest of Crown forest resources for oersonal use Professional Foresters Act ERO: Proposed amendments to the Professional Foresters Act Regulatory Registry: Proposed amendments to the Professional Foresters Act Public Lands Act ERO: Amendments to the Public Lands Act to Support Red Tape Reduction Regulatory Registry: Proposal to amend the Public Lands Act to support red tape reduction If you have any questions or would like to arrange a meeting to discuss the proposals in further detail please contact Amanda McLachlan at Amanda. MclachIan (c)-ontario.ca for Crown Forest Sustainability Act and Professional Foresters Act and please contact Josh Annett at Josh.Annettaontario.ca for Public Lands Act. Sincerely, Original signed by Peter Henry Director, Crown Forests and Lands Policy Branch Policy Division 3 Page 11 Appendix: Additional Information on the Proposed Amendments Crown Forest Sustainability Act, 1994 NDMNRF is proposing amendments to the Crown Forest Sustainability Act, 1994 to improve service delivery and save people time when seeking approval to harvest wood from Crown lands for personal use, such as firewood, building products and Christmas trees. Currently, the licensing requirements to harvest Crown forest resources for personal, non-commercial use are the same as the licensing requirements for industrial or commercial use. The Ministry's proposed changes would distinguish authorization requirements for wood harvested from Crown lands for personal use from industrial/commercial use. This would make the approval process easier for clients, forest industry and government. The proposed changes would if enacted by the Legislature, enable the ministry to: • Streamline authorization requirements, • Create clear and consistent program delivery across the province, • Reduce administrative burden, staff time and effort for government, • Improve access by making applications available online, and • Remove burden of developing overlapping agreements for forest industry. Before the proposed amendments could be implemented, regulations would be required prescribing the terms and conditions applicable to personal use harvesting. If the proposed amendments are passed by the legislature, the Ministry will consult with the public, stakeholders and municipalities about any subsequent regulation proposals developed to implement them. Professional Foresters Act, 2000 The purpose of the Professional Foresters Act is to regulate the practice of professional forestry and provide the Ontario Professional Foresters Association (OPFA) the ability to govern its members in accordance with the Act, the regulation and the by-laws in order that the public interest may be served and protected. In response to requests from the Ontario Professional Foresters Association, we are proposing changes to the PFA that would enhance the ability of the OPFA to provide oversight of its members by adding clarity to the practice of foresters, while limiting the potential impacts to other natural resource professionals (e.g., arborists) and municipal delivery of forest management programs and services. M Page 12 Public Lands Act 1. Shifting certain decision -making authority regarding public lands to the Minister of NDMNRF from the Lieutenant Governor in Council. Most public lands related decisions rest with the Minister of NDMNRF, however, some are made by the Lieutenant Governor in Council through an Order in Council. The Order in Council process takes time and has resulted in delays for clients awaiting decisions. Providing the following authorities to the Minister would be consistent with most other Minister authorities for the planning, management, and dispositions of public lands under the Act: Setting apart areas of public lands for any purpose that will benefit research in and the management, use and administration of public lands and forests. iii. Approving the disposal of public land to Ministry officers or employees (while meeting obligations set out in O. Reg. 381/07 regarding conflict of interest rules for public servants under the Public Service of Ontario Act). iv. Releasing a habendum restriction in letters patent, (i.e., removing a restriction that the land must be used for a specific purpose, such as for school purposes). V. Releasing a condition in an Order in Council which requires, where the management of public lands was transferred to the federal government, that the lands be returned to Ontario if the federal government is no longer using the land. vi. Releasing other restrictions in letters patents (e.g., a requirement that Lieutenant Governor in Council provide approval for a landowner to sell their land). 2. Allowing limited exemptions from requirement for Minster to set apart public reserves on water bodies. Section 3 of the Public Lands Act sets out that where 25 per cent or more of the frontage on a waterbody is public lands that the Minister shall set apart at least 25 per cent of the lands, to a depth determined by the Minister, for public recreation and access. On water bodies where less than 25 per cent of the frontage is public lands, all remaining public lands are to be set aside for such purposes. The proposed amendments would provide certain exemptions to the Public Lands Act Section 3 requirements, and ensure that the following would not be prevented: Directing a disposition or ordering a transfer of control to implement an agreement with an Indigenous community. This may include transfers to the federal government to support land claims or additions to reserve or direct 5 Page 13 sales to an incorporated Indigenous community -run organization for community or economic development initiatives. Ordering the transfer to the federal government (or its agencies) of control of public lands. In addition to land claims or additions to reserve the federal government may require public lands for infrastructure projects or for the creation of protected areas. iii. Ordering the transfer to other provincial ministries (or their agencies) of control of public lands. Provincial government ministries may require public lands for infrastructure projects or for expansion of protected areas. iv. Directing a disposition to a municipality. Municipalities may require lands to support community or economic development initiatives such as waterfront improvement (i.e., trails, tourism attractions). This proposal for Public Lands Act Section 3 is not intended to significantly increase dispositions along water bodies and the ministry will still be required to undertake any applicable environmental assessment process and fulfill the duty to consult prior to making any individual land disposition or transfer decisions. 3. Preventing adverse possession of public lands through unauthorized use, possession, or occupation. Individuals may obtain possessory title to public lands after 60 years of adverse possession (i.e., unauthorized tenancy or "squatting"). This prevents the Province from preserving public lands for uses including economic development and environmental protection, receiving fair value for lands through sale or lease, and the efficient settlement of Indigenous land claims. Further details include: Proposed changes to the Act would prevent any person from acquiring an interest in public lands through use, possession or occupation of the lands without permission from the Province (i.e., unauthorized tenancy or "squatting"). Persons who can demonstrate possessory title to public land (60+ years of adverse possession) prior to any change being made would not be impacted. iii. The ministry would continue to process quit claim letters patent applications for persons in these circumstances. iv. The proposed changes would provide the Minister with the authority to correct registrations or deposits against public lands that have been made without the Province's permission. n. Page 14 V. Eliminating adverse possession would prevent limitations on the availability of land for exercising Aboriginal and treaty rights and settling land claims. 4. Clarifying Minister's authority to manage fees for all services, permissions, or decisions. The proposed change clarifies that the Minister has explicit authority to set, charge, waive, change, or refund fees for all services, permissions or decisions related to the management, use or disposition of public lands. No new fees or changes to existing fees are being proposed or would result if this proposal is passed. If the proposed changes to the legislation are enacted, the Ministry would update O.Reg.326/94 (Crown land camping permit) and O.Reg.975 (Work Permits) to ensure these regulations align with the changes made to the Public Lands Act. 7 Page 15 Media Advisory For Immediate Release October 14, 2021 Saturday, November 6, 2021 A Night at WindReach Farm Virtual Gala, featuring Ben Hudson Saturday, November 6, 2021— 7:00pm to 8:00pm www.windreachfarmauction.ca ASHBURN, ON -- WindReach Farm WindReach Farm Foundation is excited to present our annual fundraising event A Night at WindReach Farm, celebrating 32 years of providing impactful programs and services to those with physical, emotional and intellectual disabilities. Presented this year by Cullen's Foods, this special virtual event takes place on Saturday, November 6 at 7:00pm from the comfort of your home. We are delighted to have Ben Hudson perform this year. Ben Hudson is a country singer -songwriter from Uxbridge, Ontario. He is a CMAO Rising Star Award nominee and was also tagged as CMT Canada's Fresh Face Artist. Opening the night will be Durham's own Highland Creek Pipe Band, led by Glenn Healy. Regional Chair & CEO, John Henry will bring greetings from the Region of Durham. The evening will be hosted by Bob Baker. Bob has acted as our auctioneer for the past 4 galas. We are thrilled that Bob will bring his sense of humour and graciousness to entertain us all evening. In 2019, we hosted over 400 guests, and we hope to do the same this year, at our Virtual event. We are grateful for our event sponsors which include: Cullen's Food, Everlast Metal, Rutledge Jewellers, Bell, TD, Elexicon, MNP, Townsend Electric, to name a few. All funds raised this evening support the programs and services provided by WindReach Farm. A Night at WindReach Farm also includes a silent auction and some amazing contest prizes such as a Rolex Watch, valued at $15,000 and donated by Rutledge Jewellers in Uxbridge. This is not your typical virtual gala evening and we hope you will join us. Tickets available online at www. windreachfarmauction. ca About WindReach Farm WindReach Farm is a 105-acre fully accessible farming envrioment with unique features and programs developed sepcifically to serve the need of those with intellectual, mental health and/or physical disablities, and their families. Amenties are accessbile for ALL people, supporting a core value of inclusion. For more information contact: Carol Dahlquist, Executive Director, WRFF 905-655-5827 x231 905-242-3952 (cell) carol.dahlquist@windreachfarm.org GULLEN'S /000 Tel: 905-655-5827x 231 312 Townline Rd., Ashburn, ON, LOB 1AO foundation@windreachfarm.org REGISTERED CHARITABLE BUSINESS NUMBER #85375 5031 RR0001 Page 16 32�� YEARS 1989 - 2021 Titte Sponsor CULLEN'S November 6, 2021 7:00 pm - 8:00 pm www.wi nd reachfa rma uction.ca Featuring Country Music Artist Ben Hudson a performance by Glenn Healy & The Highland Creek Pipe Band emceed by Bob Baker