HomeMy WebLinkAbout2022-11-28
General Government Committee
Agenda
Date:November 28, 2022
Time:9:30 a.m.
Location:Council Chambers or Microsoft Teams
Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Lindsey Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of
General Government Committee meetings. If you make a delegation or presentation at a General
Government Committee meeting, the Municipality will be recording you and will make the recording
public on the Municipality’s website, www.clarington.net/calendar
Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
placed on non-audible mode during the meeting.
Copies of Reports are available at www.clarington.net/archive
The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1.Call to Order
2.Land Acknowledgement Statement
3.Declaration of Interest
4.Announcements
5.Presentations/Delegations (10 minute time limit)
5.1.Delegation by Laura Lee Carey, Regarding Request to Amend By-law
2007-070 to Prevent Side and Rear Installation of Permanent Lights
4
(Correspondence Attached)
6.Reports/Correspondence Related to Presentations/Delegations
7.Communications
7.1.Minutes of the Newcastle Village Community Hall Board dated October
25, 2022
9
(Receive for Information)
7.2.Nancy and Hugh Towie, Regarding Clarington Polar Bear Swim -
January 1, 2023
10
(Motion to approve the request for Emergency Services, Fire Hall #2, to
attend the Clarington Polar Bear Swim on January 1, 2023, in Newcastle)
7.3.Roda Muse, Secretary-General, Coalition of Inclusive Municipalities,
Regarding Designation of Member of Council as a Liaison to the
Coalition of Inclusive Municipalities
12
(Motion for Direction)
8.Staff Reports, Staff Memos and New Business Consideration
8.1.Planning and Infrastructure Services
8.1.1.PDS-059-22 Province’s Proposed Amendments to the
Greenbelt Plan, 2022
14
General Government Committee
November 28, 2022
Page 2
8.2.Public Works
8.2.1.PWD-017-22 Proposed Amendments to Traffic By-law 2014-
059
29
8.3.Community Services
8.3.1.CSD-015-22 Community Funding Program Deadline Update 38
8.4.Legislative Services
8.4.1.LGS-014-22 Council Compensation 48
8.4.2.LGS-015-22 Health Benefit Program 2022 Renewal to
November 1, 2023
51
8.4.3.LGS-017-22 Appointments to the Audit and Accountability
Committee and CAO Review Committee
55
8.4.4.LGS-018-22 Appointment to the Conservation Authorities and
Durham Land Division Committee
58
(Attachment 1 Distributed under Separate Cover)
8.4.5.LGS-019-22 Update to Cemetery By-law to Include
Bereavement Authority of Ontario’s Changes
63
8.4.6.LGS-020-22 Municipal Ombudsman Services 91
8.5.Financial Services
8.5.1.FSD-036-22 2023 Interim Tax Levy 98
8.5.2.FSD-037-22 Community Living Oshawa Clarington Lease
Extension 2444 Baseline Road
103
(Attachment 1 Distributed under Separate Cover)
9.Unfinished Business
10.Questions to Department Heads/Request for Staff Report(s)
11.Confidential Items
12.Adjournment
General Government Committee
November 28, 2022
Page 3
From: LAURA CAREY <lauraleecarey@gmail.com> Sent: Wednesday, November 23, 2022 9:38 AM
To: Patenaude, Lindsey; LAURA CAREY
Subject: Fwd: FW: ALL-YEAR ROUND; permanent BRIGHT, FLASHING SOFFIT LIGHTS second story
installed on
SIDE & REAR of HOMES; TOO CLOSE to side Windows and Backyard sanctuaries
Attachments: IMG_0284.MOV; side and rear SOFFIT LIGHTS second story; Laura Carey 905-213-4973.docx
Dear Mayor Foster and Members of Council:
From:
Laura Lee Carey
18 Belsey Lane
Newcastle, ON
L1B 0B3
I have many more videos but best that you come into my home and visit my backyard for full
understanding of this serious issue.
COMPLAINT REF: #: 2022-3888
Current Bylaw that needs to be modified: 2007-070 - Consolidated.pdf (clarington.net)
**In addition to details I shared prior (not included here) on November 7th:
Please see photos below in prior email as well as important updated photos/aerial and new
videos from Nov 19th in snow.
(I have many more videos.)
More importantly, PLEASE set up a time to visit my backyard and interior of my home to see
how our home and backyard are impacted each night since October.
NOTE: The two people on my street that had these permanent lights installed before I moved
in, had them on all summer – at the front.
Make no mistake, these are lights that cost money and anyone that has them has them on ALL
YEAR ROUND and NOT just for Christmas.
This has been evidenced on my street already.
Since I moved in August, 4 more houses have installed these new tech. second story soffit lights
– and my neighbours had them ALSO installed on SIDE AND REAR which is the issue – see
attachment for reasons why.
Page 4
When installed at front of home, there are two front yards and a street separating the lights
from the windows across the street so there a lot of distance between - and there is no
infiltration.
When installed at the front of a home, neighbouring backyards are NOT negatively impacted.
However, when installed at the side and rear, proximtiy changes and lights are too close to
adjacent windows and of course, rear lights travel in to neighbouring backyards which is a
major issue.
If the side and rear installations are not stopped by bylaw change, and all my neighbours very
close behind me and to south potentially follow the suit of my neighbours to the north, and put
these on the sides and rear, my home interior and back yard sanctuary will be lit up EVEN
MORE like a Christmas tree/carnival midway ALL Year Round and from ALL ANGLES - – each
night a different colour combination and flashing setting to infiltrate MY home and backyard
where I already CANNOT ENJOY MY HOT TUB due to the stress of having lights flashing on and
off etc in my eyes.
The neighbour has these lights on constantly at dark and are NEVER in their own backyard and
often NOT even home – they cannot see their own lights on the back and rear of their home,
but they project them in my home and on my yard and negatively impact my families quality of
life and enjoyment of our new home and yard.
Update: on Nov 22nd they were in their backyard at dark and while there, no soffit lights on,
then, when inside and not bothered by them, turned them on, Photo attached,
I pay taxes. I want to move because of this . This is NOT acceptable.
These lights and perhaps all bright lights even if just white and not flashing should be banned
on sides and rears of homes altogether or at the very least limited to houses that are at least
25 feet from 1) property line and 2) side of adjacent home but in my opionon, that is not good
enough as stil infiltrates home windows and backyard privasy and oasis.
I deserve time spent inside my home and yard free from another persons irritating and
constantly changing flashing coloured lights that are much too bright and again, light up even
their siding forcing me to look at it PLUS on my property and in my home.
As it stands, I cannot enjoy my home and investment ($1.2MILLION) with the inconsiderate and
selfish flashing of coloured bright lights infringing on our home and back yard and my REAL fear
that even more inconsiderate and selfish people around me may decide to do the same make
my current stress over this even more stressful.
This is something I could never have anticipated as a concern as I moved in to a subdivision.
Page 5
I value my time and although this has already taken too much of my time, I am on a mission to
get this stopped for myself, and for those in the future that will be put in the same position.
These LED all year round soffit light companies are on a mission to make sales – we went from 2
to 6 houses on my street within weeks.
Something needs to be done for my situation now, and, as more and more people install these lights on
side and rear, for others that will also feel VALID stress over being subjected to flashing lights of others
in their home and cherished back yard.
Your attention to this matter and understanding is appreciated.
Thank you,
Laura Lee Carey
Page 6
SOFFIT Lights at FRONT, Not the
issue because: 1) the usually
FLASHING BRIGHT COLOURED lights
are far enough away from
encroaching IN to WINDOWS across
the street due to 2 front yards + the
street/road separating fronts of
houses; usually well over 25 FT apart
– PLUS - 2) are not an issue as lights
on FRONT of house are not flashing
on and off absurdly IN to peoples
BACK yard/hot tub sanctuaries.
HOWEVER: !SOFFIT Lights on
SIDES & /REAR-BACK ARE AN
ENCROACHMENT & A MAJOR
GROWING CONCERN!!! shining
too close by SIDE windows that
are, in my case. only Approx. 10 ft
away!! AND
The obnoxious SIDE/REAR lighting
1) is TOO CLOSE to SIDES of homes
and windows – lights flash most
often - and enter INSIDE – and 2)
my BACK YARD is lit up and light is
FLASHING on off, rotating colours,
programs ALL YEAR ROUND - we
are also FORCED to look at their
warped SIDING light up in flashing
colours on top light IN my yard!!
Please VISIT my backyard/interior home to see for why these
Side and Rear installs MUST be stopped.. Page 7
Unreal and TELLING. On Nov 22 – they are in their backyard watching movie (in green) and
NO rear lights on. THEN! Minutes later, NO MOVIE. Out of yard then lights go on! CANNOT
make this up. NOT OKAY.
Page 8
NEWCASTLE COMMUNITY HALL BOARD
October 25 2022
Council Chambers 7 pm
Present Were: Barry Carmichael
Henry Corvers
Crystal Yaki
Marg Zwart
Regrets From: Sierd DeJong
Janeen Calder
Absent: Granville Anderson
1. BUDGET
Board reviewed the budget for 2023 and updates/changes are to be presented at next
meeting in November.
2. BUSINESS ARISING
a) Board Term – H. Corvers 2-year term will be ending in December and he will not be
extending it.
3. CORRESPONDENCE
a) BIA Picture Request
A letter was sent to the board on behalf of the Newcastle BIA. It was noticed that
there was no longer a portrait hanging in the Chambers of the Queen. The BIA has
requested that the Community Hall Board acquires and installs an official portrait of
King Charles III as soon as is reasonable. C.Yaki requested that we check with the
Municipality on the process of this and whether this is something they would
provide to the hall.
Motion by H. Corvers, seconded by B. Carmichael.
To accept the request of the BIA and hang an official portrait of King Charles III
“Carried”
Motion to adjourn by M. Zwart at 8:15 pm
Page 9
Page 10
Page 11
150 Elgin Street, P.O. Box 1047, Ottawa ON, K1P 5V8 1-800 -263-5588 ccunesco.ca /ccunesco @CCUNESCO
June 28, 2022
His Worship Mayor Adrian Foster
Municipality of Clarington
40 Temperance Street,
Bowmanville ON, L1C 3A6
Dear Mayor Adrian Foster,
On behalf of the Canadian Commission for UNESCO, we would like to congratulate the Municipality of
Clarington for joining the Coalition of Inclusive Municipalities. It is with great pleasure that we
welcome your municipality to this network composed of close to 100 municipalities from various
regions of Canada. As a member of the Coalition, the Municipality of Clarington is automatically part
of the International Coalition of Inclusive and Sustainable Cities (ICCAR), launched in 2004 by the
United Nations Educational, Scientific and Cultural Organization (UNESCO).
Resources at your disposal
To assist the Municipality of Clarington in the realization of its objectives, we kindly invite you to
consult the Coalition’s toolkit: The Coalition of Inclusive Municipalities: A Guide for New and
Established Members (attached and available online) and to share it with local partners so they can
better support your municipality in achieving its commitments. The Toolkit contains information on
developing and implementing an action plan, examples of initiatives taken by signatory municipalities
regarding the Coalition's 10 Common Commitments, as well as various tools and strategies to help
strengthen your community’s commitment. Moreover, we would appreciate receiving updates of
initiatives and events organized by your municipality in order to share them with the Coalition and, on
occasion, with ICCAR.
In addition, we invite the Municipality of Clarington to proudly promote its commitment towards the
network by using the logo of the Coalition of Inclusive Municipalities (attached and available online)
on official documents, on your website or on material related to any initiative relating to inclusion and
diversity in your municipality.
Liaison
To ensure that the Municipality of Clarington receives all relevant information on the Coalition and
ICCAR (activities, meetings and projects), we kindly ask your collaboration in designating two focal
points in charge of the Coalition for your municipality (ideally, one elected official and one staff
Page 12
150 Elgin Street, P.O. Box 1047, Ottawa ON, K1P 5V8 1-800 -263-5588 ccunesco.ca /ccunesco @CCUNESCO
member). Please inform us of this decision as soon as possible by sending an email to Mr. Daly Koffi,
Program Assistant, at daly.koffi@ccunesco.ca. Your officials may also contact Mr. Koffi with respect to
the use of the Coalition’s logo.
Mohammad Mousa, Programme Officer, Social, Human Sciences and Youth, is available at
mohammad.mousa@ccunesco.ca to speak with you, should you have any broader questions about
the Coalition, its Toolkit, ICCAR or other matters.
Again, please accept our congratulations on your commitment to fight racism and all forms of
discrimination. We hope your example will inspire other municipalities to follow in your footsteps and
join forces to promote inclusive municipalities and equality for all.
We look forward to working with the Municipality of Clarington on advancing these issues and remain
available to assist you in reaching your objectives.
Yours sincerely,
Roda Muse
Secretary-General
CC:
Mohammad Mousa, Programme Officer, Social, Human Sciences & Youth
David Schimpky, Director of Secretariat, Canadian Commission for UNESCO
Erica Mittag, Community Development Coordinator, Diversity and Inclusion , Municipality of
Clarington
Page 13
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: PDS-059-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: PLN 1.1.9.4 By-law Number:
Report Subject: Province’s Proposed Amendments to the Greenbelt Plan, 2022
Recommendations:
1. That Report PDS-059-22 and any related delegations or communication items, be
received;
2. That Report PDS-059-22 be received as the Municipal comments on the Province’s
proposed Amendments to the Greenbelt Plan, 2022 (ERO Postings 019 -6216, 019-
6217);
3. That if the Nash/Hancock lands identified in Attachment 3 to this report are removed
from the Greenbelt as part of the Province’s efforts to address Ontario’s housing
crisis, the developer be required by the Province to provide:
a. A minimum 1.5-hectare parcel of developable land or cash-in-lieu equivalent
for the provision of affordable housing in Clarington; or
b. A minimum of ten per cent affordable, non-profit housing units within the
development on the Nash/Hancock lands.
4. That should the Province remove the Nash/Hancock lands identified in Attachment 3
of this report from the Greenbelt:
a. That staff be directed to prepare the necessary planning instruments (e.g.
secondary plan, zoning, conditions of plan of subdivision and site plan), as
required, in collaboration with the developer to facilitate the development of
subject lands in accordance with the Province’s expeditated timelines
required to support the start of construction by 2025; and
b. That the works required to be undertaken by the Municipality referenced in
Recommendation 4a. of this report be wholly paid for by the developer.
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Municipality of Clarington Page 2
Report PDS-059-22
5. That a copy of Report PDS-059-22 be forwarded to the Ministry of Municipal Affairs
and Housing; and
6. That all interested parties listed in Report PDS-059-22 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 3
Report PDS-059-22
Report Overview
On November 4, 2022 the Province of Ontario released proposed amendments to the
Greenbelt Plan and associated Ontario Regulation 59/05. The announcement followed the
Province’s October 25, 2022 release of omnibus Bill 23 (More Homes Built Faster Act, 2022)
representing further action to support the Province’s goal to build 1.5 million homes by 2031.
The amendments propose to remove 15 identified areas of land, comprising approximately
7,400 acres, from the edge of the Greenbelt to provide for residential development in the
short-term.
One of the parcels identified for removal is located at the northeast corner of Nash Road and
Hancock Road in Clarington.
The purpose of this report is to provide comments to the Province on the proposed
amendments to the Greenbelt Plan. The commenting deadline is December 4, 2022.
1. Background
1.1 The province is taking swift action to implement the 55 recommendations set out in the
Ontario Housing Affordability Task Force Report, released February 8, 2022. The
recommendations set the foundation for the provincial target to build 1.5 million homes
in Ontario over the next 10 years and provide direction for the Province to take action to
increase density, streamline development processes, cut red tape, improve the
efficiency of the Ontario Land Tribunal, and provide funding to support municipal
transformation.
1.2 To date, several major steps have been taken by the Province in implementing the
Ontario Housing Affordability Task Force recommendations. These include:
April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022;
October 25, 2022 – introduction of Bill 23, the More Homes Built Faster Act, 2022;
October 25, 2022 - launch of 20 consultation postings regarding the More Homes
Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of
Ontario, including a 66-day consultation period on the Review of A Place to Grow
and Provincial Policy Statement;
November 4, 2022 – launch of a 30-day consultation on proposed changes to the
Greenbelt.
1.3 Additional measures contributing to the streamlining of development processes through
Council delegation of authority were also brought forward by the province with the
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Municipality of Clarington Page 4
Report PDS-059-22
enactment of Bill 13, the Supporting People and Businesses Act, 2021 on December 2,
2021.
1.4 The potential impacts of these initiatives would result in significant changes to Ontario’s
land use planning and approvals processes and regulatory regime and have significant
financial and resource implications for the Municipality.
1.5 The purpose of this report is to (i) summarize the Province’s proposed changes to the
Greenbelt boundary, and (ii) present staff’s comments on the proposed changes and
potential implications for Council’s consideration.
1.6 The proposed changes, staff’s related comments, and proposed approach to implement
changes to the Planning Act proposed under the More homes for Everyone Act, 2022
(Bill 109), and the proposed changes under the More Homes Built Faster Act, 2022 (Bill
23) are the subject of separate reports PDS-051-22 and PDS-054-22, respectively. The
assessment of and proposed approach for responding to the Planning Act amendments
of the Supporting People and Businesses Act, 2021 will be the subject of a separate
report to Council in the future.
1.7 The proposed changes to the Greenbelt Plan have the potential for both specific, short-
term and broad, long-term implications in Clarington, as discussed in Section 2 of this
report, below.
2. Discussion and Comments
Greenbelt in Clarington
2.1 The Greenbelt encompasses approximately 81% of the total lands in Clarington, within
which is the Oak Ridges Moraine, making up approximately 29% of Clarington’s total
area. Attachment 1 illustrates the composition of the Greenbelt and the Oak Ridges
Moraine within the Municipality.
2.2 The purpose of the Greenbelt Plan is to provide permanent protection to the in valuable
agricultural land base and ecological features and functions surrounding the urbanized
areas of the Greater Golden Horseshoe.
2.3 The Greenbelt Plan was enacted in 2005 and has been continuously supported by
Clarington Council since that time. The Greenbelt Plan was updated in 2017 as part of
the Province’s Coordinated Provincial Plan Review, which also included updates to the
Oak Ridges Moraine Conservation Plan and the Growth Plan .
2.4 The Greenbelt Plan aligns with and provides essential support to many of the goals and
objectives of our Clarington Official Plan, 2018 including (i) to pursue development in a
manner that ensures sustainability for future generations to meet their own needs (ii) to
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Municipality of Clarington Page 5
Report PDS-059-22
protect the integrity and vitality of natural heritage systems, and (iii) that growth and
development will take place within firmly defined boundaries to protect the agricultural
system and industry as a key economic driver within the Municipality.
Summary of Proposed Amendments to the Greenbelt Plan
2.5 Put forward by the Province as an action necessary to support the building of more
homes faster, the amendments propose to remove or redesignate 15 areas of land from
the edge of the Greenbelt and the Oak Ridges Moraine, totalling approximately 2,995
hectares (7,400 acres). If passed, the Province’s expectation is that at least 50,000
homes would be built on the former Greenbelt lands in the short-term.
2.6 The removal of the lands from the Greenbelt would be conditional upon the landowner
achieving significant progress in the development approvals process by the end of 2023
and starting home construction on the lands by 2025. Failure to meet these milestones
would result in the lands being added back into the Greenbelt.
2.7 The Province states land proposed to be removed from the Greenbelt must meet certain
criteria to allow them to be considered, including:
Greater than 1:1 offset must be achieved to ensure overall Greenbelt expansion (for
this Amendment, the Province has considered compensation across the Greenbelt
overall, rather than within the area or municipality from which the lands are being
removed);
Must have the potential for homes to be built in the near future;
Must be adjacent to the existing Greenbelt boundaries;
Must be adjacent to an existing urban area; and
Must be on or near readily serviceable land, with local infrastructure upgrades
needed to service the projects to be funded entirely by proponents.
2.8 In accordance with the Greenbelt Plan, amendments to the Plan shall not have the
effect of reducing the total land area of the Greenbelt’. The Province indicates the 13
Urban Valley Lands that were the subject to consultation to grow the Greenbelt earlier
this year, and a portion of lands on the Paris Galt Moraine (ridge landform located
between Caledon and Brantford) to be added to the Greenbelt as part of this
amendment, represent appropriate compensation for those areas to be removed.
2.9 The above noted additions total approximately 3,804 hectares (9,400 acres) and include
lands in Clarington consisting of expansions to Urban Valley Lands along Wilmot Creek
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Municipality of Clarington Page 6
Report PDS-059-22
and Soper Creek, and the addition of lands within Darlington Provincial Park. These
urban river valley lands are illustrated on Attachment 2.
2.10 Of the 15 areas proposed to be removed from the Greenbelt, one is located within
Clarington at the northeast corner of Nash Road and Hancock Road.
Nash Road and Hancock Road Lands (Specific, Short-term Considerations)
2.11 The amendments propose to remove a 35-hectare (86-acre) parcel of land located at
the northeast corner of Nash Road and Hancock Road in Clarington. The subject lands
are identified as Map 8 of the Province’s information and form Attachment 3 of this
report.
2.12 The Province indicates the Nash/Hancock lands have met the criteria used to consider
removal of lands from the Greenbelt outlined in subsection 2.2, above.
2.13 The Nash/Hancock lands have been the subject of previous requests to the Province for
removal from the Greenbelt from the Municipality of Clarington, and the Region of
Durham.
2.14 In 2006, Durham Region requested the Province not to include the Nash/Hancock lands
in the Greenbelt given a previous request by the landowner to expand the Courtice
Urban Area boundary as part of the Region’s Official Plan Review at the time.
2.15 In 2016, Clarington requested the Province by resolution and formal comments on the
Province’s Coordinated Review of the four Provincial Plans to further consider the
landowner’s request to remove the Nash/Hancock lands from the Greenbelt (Resolution
PD-031-16; PSD-059-16). However, at the time the Province opted to include the lands
within the Protected Countryside.
2.16 In this specific case, the proposed removal of the Nash/Hancock lands from the
Greenbelt aligns with Council’s previous requests for the same.
2.17 Given the Province’s proposed amendment to remove these lands from the Greenbelt is
for the purpose of addressing the housing and affordability crisis, it is recommended that
the provision of affordable, non-profit housing units be a condition of development on
Nash/Hancock lands. This requirement aligns with the Clarington’s affordable housing
objectives as outlined in the Clarington Official Plan and approved Secondary Plans, as
well as Clarington’s Affordable Housing Toolkit.
2.18 The Clarington Official Plan, 2018 designates the lands Prime Agricultural, Rural, and
Environmental Protection. The lands are zoned Agricultural (A) by Zoning By-law 84-63.
In accordance with the Durham Regional Official Plan, development of greenfield Living
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Municipality of Clarington Page 7
Report PDS-059-22
Areas greater than 20 ha requires a secondary plan to be completed prior to
development proceeding.
2.19 The aggressive milestones identified by the Province as conditions on the removal of
the lands from the Greenbelt would result in additional pressure on staff resources to
prioritize the necessary secondary planning and development applications on the
Nash/Hancock lands to ready them for home construction. These lands would have to
be prioritized over certain other lands and secondary plans that are currently within our
urban boundaries. Staff will continue to assess and develop the details of a prioritization
plan in the context of all the recently proposed provincial changes to increase housing
supply.
2.20 Further to the above, should the removal of the Nash/Hancock lands be approved, staff
will work with the developer to facilitate the development application process to meet the
Province’s expedited timelines. However, such prioritization of the subject lands over
lands currently designated for development within our communities should be at the
sole expense of the developer.
2.21 Staff also seeks confirmation from the Province that should the subject lands be
removed from the Greenbelt, the dwelling units built on the lands would be counted
toward the 13,000 housing unit target to which Clarington has been directed to commit
to achieving by way of the Housing Pledge.
Comments
2.22 The proposed removal of the Nash/Hancock lands, as shown on Map 8 of ERO Posting
019-6217, aligns with previous submissions to the Province from the Municipality of
Clarington supporting the landowner’s request to remove the lands.
2.23 Should the amendment to remove the Nash/Hancock lands from the Greenbelt, as
shown on Map 8 of ERO Posting 019-6217, be approved as part of the solution to the
housing crisis, that the developer shall be required to provide affordable, non -profit
housing units as part of the development in the form of (i) a minimum 1.5 hectare parcel
of developable land or cash-in-lieu equivalent, or (ii) a minimum of ten per cent
affordable, non-profit housing units within the development on the subject lands.
2.24 The aggressive timelines for development approvals and construction tied to the lands
as conditions of removal from the Greenbelt will necessitate additional staff resources
and prioritization of the subject lands above certain other lands and secondary plans
that are currently within Clarington’s urban area boundaries.
2.25 The Province is requested to confirm, if passed, that homes constructed on the
Nash/Hancock (Map 8) lands would contribute to the achievement of Clarington’s
Housing Target of 13,000 to 2031.
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Municipality of Clarington Page 8
Report PDS-059-22
Broad, Long-term Considerations
2.26 As noted above, the purpose of the Greenbelt Plan is to provide permanent protection to
the (i) agricultural land base, and (ii) ecological and hydrological features and functions
occurring on the landscape. The Plan works with the Growth Plan: A Place to Grow,
2020 to identify where urbanization should not occur.
2.27 Broadly speaking, staff has fundamental concerns the proposed amendments to remove
lands from the Greenbelt will (i) begin to undermine the integrity and strength of the Plan
in the long term (ii) create a precedent for further erosion of the Greenbelt going
forward, and (iii) result in a diminishing agricultural land base due to land swaps that
remove productive agricultural lands in exchange for adding environmentally protected
lands within urban areas that are already protected.
2.28 It is also important to recognize the valuable economic contributions of the agricultural
industry in Clarington, and the role the farming community plays as stewards of
productive, sustainable food producing lands close to our residents.
Comments
2.29 In general, staff does not support removal of lands from the Greenbelt for development.
The protection provided by the Greenbelt is intended to be permanent. The opening up
of lands along the edge of the Greenbelt for development, in the absence of sufficient
justification that such development cannot be accommodated on lands within existing
urban boundaries or within the Whitebelt, undermines the integrity of the Plan and
makes the Greenbelt vulnerable to further erosion in the future.
2.30 There is a statutory 10-year review of the Greenbelt Plan pursuant to section 10 of the
Greenbelt Act, 2005 and related legislation. The current Greenbelt Plan, 2017
represents the culmination of the 10-year review that began on the 10-year anniversary
of the Greenbelt Plan in 2015. Amending the Greenbelt and Oak Ridges Moraine
Conservation Plans in advance of the 10-year review disrupts the high-level policy
consistency necessary to undertake comprehensive planning and growth management.
The statutory 10-year review of the Greenbelt Plan should be honoured for any
proposals to remove lands from the Protected Countryside.
2.31 Only in such cases where there is no alternative but to consider removing lands from
the Greenbelt, the criteria used to evaluate such amendments should ensure that
compensation is equitable in form and function.
2.32 Further to the Comment above, while adding environmentally protected waterways and
valley lands to the Greenbelt is beneficial and improves ecological connectivity of
features, the criteria for consideration of the removal of lands should be designed to
recognize that such a trade does not represent fair compensation for the thousands of
Page 21
Municipality of Clarington Page 9
Report PDS-059-22
acres of productive agricultural lands that are proposed to be removed. For example,
the Urban Valley Lands are part of the natural heritage system, rather than the
agricultural system, and they would not be developed anyway. If farmland is taken out
of the Greenbelt, farmland of similar quality located in similar proximity to the Greater
Golden Horseshoe population should be added.
3. Financial Considerations
3.1 There are no direct financial considerations for providing comments to the Province of
Ontario on ERO Postings 019-6216, 019-6217.
3.2 The proposed amendments could result in additional lands that would become
developable. Increased development could result in the need to provide services to the
lands (including parks, roads, sidewalks) which may be development charge eligible.
Further, staff resources in Planning and Infrastructure Services may be necessary to
process development applications in a timely manner.
4. Concurrence
4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
5. Conclusion
5.1 The proposed legislation is currently posted for public consultation on the Provincial
Environmental Registry of Ontario (ERO) website for 30 days, closing on December 4,
2022.
5.2 The proposal to remove the Nash/Hancock Lands from the Greenbelt has been
supported by Clarington Council in the past, and requests for the same have been made
to the Province by both Clarington and Durham Region.
5.3 That should the Province remove the Nash/Hancock lands from the Greenbelt for the
purpose of expeditiously addressing the housing and affordability crisis, the specific
provision of affordable, non-profit housing as outlined herein shall be required as a
condition.
5.4 The Greenbelt Plan is to provide permanent protection to the agricultural land base and
ecological features and functions. Staff has significant concerns about the broader
impacts of the proposed changes on the integrity of Greenbelt Plan and its policies that
are intended to support the sustainability of land and resources for residents and jobs in
Clarington, and throughout the Greater Golden Horseshoe.
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Municipality of Clarington Page
10
Report PDS-059-22
5.5 It is respectfully recommended that the recommendations of this report as outlined in
Section 1 be adopted, including that this report be submitted to the Province as the
Municipal Comments on the proposed Amendments to the Greenbelt Plan (2022).
Staff Contact: Sarah Allin, Planner 905-623-3379 x 2419 or sallin@clarington.net and Lisa
Backus, Manager of Community Planning.
Attachments:
Attachment 1 – Map showing Oak Ridges Moraine and Greenbelt in Clarington
Attachment 2 – Map showing lands to be added to the Greenbelt in Clarington
Attachment 3 - Map showing lands in Clarington proposed to be removed (incl. Province’s Map
8)
Interested Parties:
List of Interested Parties available from Department.
Page 23
OLD SCUGOG ROADCONCESSION RD 7
LANGMAID ROADCONCESSION RD 8
REGIONAL RD 20
CONCESSION RD 7
CONCESSION RD 6TAUNTON ROAD
COURTICE ROADLAKESHORE ROA
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CITY OF OSHAWACITY OF OSHAWAMUNICIPALITY OF PORT HOPEMUNICIPALITY OF PORT HOPE
CITY OF KAWARTHA LAKESCITY OF KAWARTHA LAKES TOWNSHIPTOWNSHIP
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REGIONAL HIGHWAY 2TOWNLINE ROADBETHESDA ROADBLOOR STREET
REGIONAL RD 3
BASELINE ROAD
CONCESSION RD 3TRULLS ROADGREEN ROADSOLINA ROADDARLINGTON-CLARKE TOWNLINE ROADKING STREET MAIN STREETHOLT ROAD115 HIGHWAY
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REID ROADOLD SCUGOG ROADCONCESSION RD 8
BEST ROADLANGMAID ROADBASELINE ROAD
CONCESSION RD 10
GREEN ROADMOSPORT ROADCONCESSION RD 3SOLINA ROADMIDDLE ROADCONCESSION RD 7
LESKARD ROADTOWNLINE ROADLIBERTY STREETCONCESSION RD 9
MORGANS ROADCONCESSION STREET
STAPLETON ROADPROVIDENCE ROADELLIOTT ROADMERCER ROADENFIELD ROADLANGSTAFF ROADMURPHY ROGOLF COURSE ROADTHERTELL ROAD
SOPER ROADLAKE
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NEWTONVILLE ROADLONG SAULT RAKED ROADHENRY ROADSHILOH ROADPOLLARD ROADSCUGOG STREETWALSH ROADACRES ROADRILEY ROADVICKERS ROADGAMSBY ROADEAST TOWNLINE ROADSQUAIR ROADRAMP
LANCASTER ROADGILMORE ROADTRULLS ROADKING LANE
BENNETT ROADMOFFAT ROADOCHONSKI ROADWHITE ROADVANNEST ROADCOONEY ROADCLEMENS ROADMILL STREETWILCOX ROAD
ARTHUR STREETSTEWART ROADLONGWORTH AVENUE LAWRENCE ROADBROWN ROADJAYNES ROADLOCKHART ROADGIBBS ROADWOTTEN ROADDARLINGTON-CLARKE TOWNLINE ROADMCCULLOUGH ROADHANCOCK ROADMEARNS AVENUENASH ROAD CARSCADDEN ROADALLIN ROADBELLAMY ROADFICES ROADSTEPHENSON ROADWERRYROADNIXON ROADLOWERY ROADCRAGO ROAD MAYNARD ROADTOOLEY ROADGIBSON ROADCOLE ROAD
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NICHOLS ROAD418 HIGHWAYCEDAR PARK ROADHAINES STREETBARTON ROADKING STREETPATTERSON ROADBAKER SCHOOLROADCEDAR VALLEYROADANDREWSROADPARK LANECONCESSION RD 3HENRY ROADMORGANS ROADMORGANS ROADCONCESSION RD 4
RUNDLE ROADCONCESSION RD 7
GILMORE ROADSOLINA ROADCOLD SPRINGS CAMP ROADCONCESSION RD 8
JEWEL ROADELLIOTT ROADLIBERTY STREETRAMPACRES ROADBEST ROADPOLLARD ROADREID ROADENERGY DRIVE SOLINA ROADEAST TOWNLINE ROADRAMPTRULLS ROADAKED ROADBOUNDARY ROAD
SHILOH ROADCONCESSION RD 6 WOODLEY ROADCONCESSION RD 4 GIBBS ROADLESKARD ROADOLD SCUGOG ROADCONCESSION RD 5HOLT ROAD407 HI
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MIDDLE ROADUNION SCHOOROADBOWMANVILLE AVENUEGRASSHOPPERPARK ROADCONCESSION RD 6 35 HIGHWAYOAKSCHOOLROADDAWSON ROADTHE DELL ROADTHOMPSON ROADHILLENROADCourtice
Bowmanville Newcastle
Orono
Solina
Enniskillen
Newtonville
Wilmot Creek
Hampton
Tyrone
Leskard
Mitchell
Corners
Kendal
Haydon
Maple
Grove
Kirby
Brownsville
Enfield
Oak Ridges Moraine and Greenbelt
Greenbelt Protected LandOak Ridges Moraine WhitebeltUrban Area
Page 24
Page 25
Page 26
Page 27
Greenbelt Plan, Oak Ridges Moraine Conservation Plan(Maps are for consultation purposes only)Proposed Lands to be removed from the Greenbelt
LEGEND
Urban Boundary
Greenbelt Boundary Natural Heritage System
Provincially Significant Wetland
Page 28
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Joint Committees
Date of Meeting: November 17, 2022 Report Number: PWD-017-22
Submitted By: Stephen Brake, Director of Public Works
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Proposed Amendments to Traffic By-law 2014-059
Recommendations:
1. That Report PWD-017-22 and any related delegations or communication items, be
received;
2. That the By-law attached to Report PWD-017-22, as attachment 1, be approved;
and
3. That all interested parties listed in Report PWD-017-22 and any delegations be
advised of Council’s decision.
Page 29
Municipality of Clarington Page 2
Report PWD-017-22
Report Overview
The purpose of this report is to propose an amendment to the Traffic and Parking By-law
2014-059, and submit periodic updates to several Schedules of By-law 2014-059, as
appended. These updates are required as a direct result of changes to the road network and
in order for Clarington Municipal Law Enforcement and Durham Regional Police Service
officers to effectively enforce the current By-law.
1. Background
1.1. The purpose of Traffic and Parking By-law 2014-059 is to regulate traffic and parking on
Clarington highways, municipal parking lots and certain parking aspects on private
property. Since the Traffic and Parking By-law 2014-059 came into effect, there have
been many operational changes to field conditions, resulting in fourteen amending By-
laws to date. These are a direct result of the on-going housekeeping and maintenance
activities, as well as changes due to development, construction, and other By-laws.
Proposed amendments to the Traffic and Parking By-law 2014-059 and updates to the
respective Schedules of By-law 2014-059 are included in Attachment 1.
2. Overview of changes to Schedules 2, 9, and 23
2.1 Schedule 2 – No Parking
Changes include:
Courtice Shores Drive
o Addition of parking restriction on west side, as part of new pavement and
ditch work
o Addition of parking restriction on east side, as part of new pavement and
ditch work
East Beach Road
o Improvements of parking restriction on north side of East Beach Road
Queen Avenue
o Addition of parking restriction on west side, as a result of sightline review
o Addition of parking restriction on east side, as a result of sightline review
Ivory Court
o Addition of parking restriction on east side, corner restriction
Westover Drive
o Addition of parking restriction on east side, corner restriction
Church Street
o Correction to previous parking restriction on north side (housekeeping)
King Avenue, Newcastle
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Municipality of Clarington Page 3
Report PWD-017-22
o Addition of parking restriction on north side (GO Transit stop)
2.2 Schedule 9 – Through Highways
Changes include:
New westbound Stop Sign at Lakebreeze Drive and Shipway Avenue
o Stop sign traffic control installed as part of the new Lakebreeze Drive
extension into the waterfront parking lot
Change to north limit of south service road
o South Service Road no longer connected to Bennett Road, as a result of
the new extension of Lake Road from Lambs Road to Bennett Road
Lake Road extension from Lambs Road to Bennett Road
o Lake Road extension has resulted in termination of South Service Road at
Bennett Road
Port Darlington Road
o Extension to Bennett Road completed as part of new subdivision
development
Grady Drive
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
Belmont Drive
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
Salmon Crescent
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
Flood Avenue
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
Alex Knott Drive
o Addition of new through highway constructed as part of a fut ure
subdivision in Newcastle
Northrop Avenue
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
Ed Ewert Avenue
o Addition of new through highway constructed as part of a future
subdivision in Newcastle
2.3 Schedule 23 – No Heavy Trucks
Over the years, Clarington and other parts of Durham Region have been experiencing
rapid growth. This resulted in significant increase in construction and development
Page 31
Municipality of Clarington Page 4
Report PWD-017-22
activities and heavy truck operation throughout the municipal road network. Staff have
utilized the provisions of the Traffic and Parking By-law Sections 18 and Section 18.1 to
post regulatory signage as required by given conditions, prohibiting heavy trucks.
Although fully enforced by Durham Regional Police Service and the judicial system, the
prohibitions had no corresponding schedule of locations. The purpose of this
amendment is to add Schedule 23 – No Heavy Trucks, to formalize and document the
locations, as required.
3. Concurrence
This report has been reviewed by the Deputy CAO / Solicitor who concurs with the
recommendations.
4. Financial Considerations
Not Applicable.
5. Conclusion
It is respectfully recommended that Council accept the proposed changes to the Traffic
and Parking By-law 2014-059, and its’ Schedules, as detailed in Attachment 1.
Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 extension 2315 or
spotrykus@clarington.net.
Attachments:
Attachment 1 – Amending By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 32
Attachment 1 to Report PWD-017-22
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 2021-XXX
Being a by-law to amend By-law 2014-059 entitled “a By-law to Regulate Traffic and
Parking on Highways, Private Property and Municipal Property”.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend by-law 2014-059;
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. Addition of Subsection 18.1 (6) to By-law 2014-059 which reads as follows:
No person shall travel a heavy truck on any highway section marked by a
regulatory sign, as set out in Columns 1, 2, 3 and 4 of Schedule 23.
2. Addition of Schedule 23 – No Heavy Trucks, including the following columns:
Column 1 – Highway, Column 2 – Location, Column 3 – Side, Column 4 –
Orientation
3. Schedule 23 of Clarington By-law 2014-059 is amended by adding the following
lines:
Mill Street South, 30M South of Toronto Street, East, North
Paynes Crescent, 10M South of Regional Highway 2, West, North
Lovekin Road, 135M Southwest of Kurve Inn Road, East, South
Kurve Inn Road, 60M South of Regional Highway 2, West, North
Cobbledick Street, 25M East of Orono Division Street, East, North
Enfield Road, 20M North of Concession Road 9, East, South
Enfield Road, 30M South of Concession Road 10, West, North
Leskard Road, 10M South of Concession Road 7, West, North
Concession Road 9, 10M West of Regional Road 57, North, East
Shipway Avenue, 35M West of Stillwell Lane, North, East
Page 33
Orono Division Street, 10M South of Cobbledick Street, East, South
South Service Road, 50M North of Port Darlington Road, East, South
Concession Road 7, 500M West of Bethesda Road, North, East
Darlington-Clarke Townline Road, 20M North of Taunton Road, East, South
Leskard Road, 10M South of Concession Road 7, West, North
Leskard Road, 15M North of Taunton Road, West, South
Concession Road 10, 30M West of Region Road 57, North, East
Jackman Road, 20M West of Scugog Street, North, East
Green Road, 90M South of Baseline Road West, West, North
Concession Road 7, 50M West of Langmaid Road, North, East
Old Scugog Road, 20M South of Regional Road 4, West, North
South Service Road, 8M South of Lake Road, West, North
Prospect Street, 20M South of O’Dell Street, West, North
Clarke Street, 20M West of Port of Newcastle Drive, North, East
Townline Road North, 10M North of Raglan Road, East, South
Cobbledick Street, 1M East of Main Street, South, West
Lakeshore Road, 70M South of Stephenson Road, West North
Port of Newcastle Drive, 20M South of Clarke Street, West, North
North Street, 1M South of Wilmont Street, West, North
Cobbledick Street, 1M East of Main Street, South, West
Mill Street South, 20M North of 401, East, South
Concession Road 7, 50M West of Enfield Road, North, East
Mill Street South, 20M South of Metcalf Street, West, North
Old Scugog Road, 45M North of Taunton Road, East, South
Concession Road 9, 5M East of Townline Road North, South, West
Page 34
Riley Road, 60M South of Metcalf Street, West, North
Lakeshore Road, 345M South of Lakeshore Road, West, North
Concession Road 6, 10M West of Bowmanville Ave, North, East
Concession Road 6, 10M West of Bowmanville Ave, South, East
Concession Road 6, 15M West of Old Scugog Road, North, East
Concession Road 6, 10M West of Holt Road, North, East
Concession Road 6, 5M West of Solina Road, North, East
Concession Road 6, 12M West of Enfield Road, North, East
Concession Road 6, 3M West of Langmaid Road, North, East
Concession Road 6, 10M East of Townline Road, South, West
Concession Road 6, 10M East of Townline Road, North, West
Concession Road 6, 8M East of Langmaid Road, South, West
Concession Road 6, 5M East of Enfield Road, South, West
Concession Road 6, 15M East of Solina Road, South, West
Concession Road 6, 15M East of Solina Road, South, West
Concession Road 6, 6M East of Holt Road, South, West
Concession Road 6, 5M East of Old Scugog Road, South, West
4. Schedule 2 of Clarington By-law 2014-059 is amended by adding the following
lines:
Courtice Shores Drive, West, 415M South of Darlington Park Road and 722M South
of Darlington Park Road, Anytime
Courtice Shores Drive, East, 436M South of Darlington Park Road and 515M South
of Darlington Park Road, Anytime
Courtice Shores Drive, East, 675M South of Darlington Park Road and 720M South
of Darlington Park Road, Anytime
East Beach Road, North, Anywhere, Anytime
Queen Avenue, West, Queen Street to 60M South of Queen Street, Anytime
Page 35
Queen Avenue, West, 92M South of Queen Street to 132M South of Queen Street,
Anytime
Queen Avenue, East, Queen Street to 35M South of Queen Street, Anytime
Ivory Court, East, 75M North of Boswell Drive to 100M North of Boswell Drive,
Anytime
Westover Drive, East, 85M North of Dan Sheehan Lane to 115M north of Dan
Sheehan Lane, Anytime
Church Street Bowmanville, North, George Street and Division Street, Mon-Fri 6AM-
6PM
King Avenue Newcastle, North, North Street to 35M East of North Street
5. Schedule 2 of Clarington By-law 2014-059 is amended by Removing the
following lines:
East Beach Road, North, 78 East Beach Road and 14M West of 70 East Beach
Road, Anytime
Queen Avenue, West, 150M South of Queen Street and South Limit of Queen
Avenue, Anytime
Beaver Street South, East, 67M South of Robert Street and Cul-De-Sac, Anytime
6. Schedule 2 of Clarington By-law 2014-059 is amended by Removing the
following duplicate lines:
Church Street Bowmanville, South, Division Street and George Street, Anytime
7. Schedule 9 of Clarington By-law 2014-059 is amended by adding the following
lines:
South Service Road, North Limit of South Service Road, South Limit of South
Service Road
Lake Road, West Limit of Bennett Road, East Limit of Lambs Road
Port Darlington Road, West Limit of Bennett Road, East Limit of Lambs Road
Grady Drive, West Limit of Rudell Road, East Limit of Belmont Drive
Belmont Drive, South Limit of Grady Drive, North Limit of Durham Region Highway 2
Salmon Crescent, West Limit of Belmont Drive, West Limit of Belmont Drive
Flood Avenue, East Limit of Belmont Drive, West Limit of Rudell Road
Page 36
Alex Knott Drive, North Limit of Flood Avenue, South Limit of Grady Drive
Northrop Avenue, West Limit of Alex Knott Drive, East Limit of Belmont Drive
Ed Ewert Avenue, West Limit of Alex Knott Drive, East Limit of Belmont Drive
Lakebreeze Drive and Toronto Street (in combination), East Limit of Shipway
Avenue, West Limit of Mill Street
8. Schedule 9 of Clarington By-law 2014-059 is amended by Removing the
following line:
South Service Road, West Limit of Bennett Road, South limit of South Service Road
Lakebreeze Drive and Toronto Street (in combination), East Limit of Lakebreeze
Drive, West Limit of Mill Street
9. That this By-law come into effect on the date it is enacted.
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 37
Staff Report
-If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: CSD-015-22
Submitted By: George Acorn, Director of Community Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Community Funding Program Deadline Update
Recommendations:
1. That Report CSD-015-22 and any related delegations or communication items, be
received;
2. That the proposed amendment to the Community Funding Program Framework, as
outlined in Attachment 1 to CSD-015-22 be approved; and
3. That all interested parties listed in Report CSD-015-22 and any delegations be
advised of Council’s decision.
Page 38
Municipality of Clarington Page 2
Report CSD-015-22
Report Overview
The Community Funding Program provides opportunities to Clarington's not -for-profit and
volunteer-based organizations to grow and make a difference in our community. Our three -
streamed approach provides options for start-up funding, growth, and in-kind contributions,
providing annual grants of up to $5,000.
The current Program Framework was approved by Council in October 2020. Administered
through Community Development, eligible organizations are encouraged to submit
applications that align with the outlined community priorities. The intake period for annual
applications has been December 1 to 31, with submissions considered in January by a
review panel.
Feedback from applicants has made it evident the deadline of December 31 is not
accommodating. Extending the intake into January will allow organizations to properly
prepare applications and required documentation , while not impeding municipal
administrative processes and approvals.
As the interest in the funding program continues to increase, it is recommended to amend
the annual deadline for application as noted in Report CSD-009-20, from December 31 to on
or before the deadline established annually by the Director of Community Services .
1. Background
1.1 The Community Funding Program, administrated through the Community Development
team, provides financial assistance to volunteer organizations and not -for-profits that
provide a variety of services and programs for our residents.
1.2 Community Development staff work alongside applicants to submit applications for
funding that align with the three-streamed approach. They also must identify outlined
community priorities which include building strong community connections, contributions
to an environmentally sustainable community, creating an accessible community,
celebrating diversity and showcase innovative project ideas.
1.3 In 2022, the Community Funding Program funding review committee approved 13
organizations with over $45,000 of financial support distributed.
2. Proposed Changes to Application Timelines
2.1 Promotion and education of the Community Funding Program begins in November.
Community Development staff reach out to local organizations, host information
workshops (virtual and in-person) and assist in the application process. The portal for
applications opens on December 1 and has previously closed on December 31.
Feedback from the applicants in 2022 urged staff to review and consider extending the
deadline, citing a short turnaround for gathering information, and scheduling conflicts to
commit volunteers to work on the grant process during that time.
Page 39
Municipality of Clarington Page 3
Report CSD-015-22
2.2 Informal reviews of the deadline process from the applicants made evident that an
extended deadline of up to two weeks would provide the adequate time to
accommodate the details required, acknowledging that many of the appli cant contacts
are volunteers, or working with a board or committee.
2.3 To reflect this, staff would suggest that Council amend the framework guidelines as
follows:
Application Process and Procedure #1 be amended to change “on or before
11:59pm on December 31” to be “on or before the deadline established annually by
the Director of Community Services”
2.4 Extending the timeframe of the open application process into January, would have little
to no impact on the review committee and budget process. The Community
Development team would utilize this time to support applicants and may result in
additional applications.
3. Financial Considerations
3.1 There are no financial implications for the extension to the application deadline.
4. Concurrence
4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
5. Conclusion
5.1 It is respectfully recommended that the proposed changes to the Program be approved.
As part of our continuous improvement process, staff will review the Program and make
framework changes as needed. Should the Program require changes to the overall
objectives and/or funding allocations, a report will be provided to Council with specific
recommendations.
Staff Contact: Laura Knox, Community Development Supervisor, 905-623-3379 ext. 2564 or
lknox@clarington.net.
Attachments:
Attachment 1 – Clarington Community Funding Program Framework – 2022 Update
Interested Parties:
List of Interested Parties available from Department.
Page 40
Attachment 1 to CSD-015-22
Municipality of Clarington
Community Funding Program
Purpose
The Clarington Community Funding Program provides financial support to eligible
organizations who contribute towards one or more of the following community priorities:
Connected: Building strong social connections, an active community encouraging
social and civic engagement
Environment: Making contributions to an environmentally sustainable community
Inclusive: Creating an accessible community where people feel welcome and they
belong; celebrating diversity
Innovation: Support and showcase unique project ideas; previously untested or
pilot projects; research a new concept
Clarington’s Community Funding Program accepts applications:
through one application intake per year;
up to a maximum of $5,000 per application; and
an aggregate maximum amount of $20,000 per organization (once maximum
reached, eligible organizations may reapply after a three-year waiting period).
Funds are awarded to organizations and projects that meet the criteria in one of the
following streams:
Start-Up - Provides one-time start-up funding related to the development of a
new group, initiative or event
For a project or initiative (within the mandate and scope of the applicant) that is new
to the applicant (not previously attempted by the applicant) to try something new or
untested. The outcomes are unknown and aimed at achieving greater impact in our
community. The funding will also be applicable for applicants who have been in
operation for less than a year.
Examples:
Provide support or services for an emerging issue
Develop or pilot a new idea
Research a new concept or assess feasibility
Page 41
2 | P a g e
Revised November 2022
Growth – Provides funding related to organizations and/or event organizers
who make a commitment to sustainable expansion or growth
For a project or initiative that takes an organization or event to another level, increases
reach in the community, increase attendance and/or diversifies the demographics of the
audience/participants. An effort to increase the cultural diversity would also be a focus
of this stream. For applicants who have been in operation for greater than one year.
Examples:
Provide support or services that branches out into a new sector
Make changes to or expand an existing program, service or event
Sustainable increase in the attendance/membership or reach of the
organization
In-Kind Support
In-kind services are available to Community Groups through the Community Services
Department and other municipal departments such as consultation (i.e. how to manage
a volunteer board, volunteer recruitment strategies, effective fundraising techniques,
grant writing support), not-for-profit printing, cross-promotion of programs, services or
events and others. If interested in learning more please connect with our team at
communitydevelopment@clarington.net.
Eligibility Criteria
In order to apply to the Community Funding Program, applicant organizations and their
funding request will be rated by a Committee comprised of municipal staff and
community members (as required) according to established criteria:
Applicant is a registered not for profit organization, business improvement area (BIA)
or is a volunteer not for profit organization or group operating under the authority of a
board of directors.
The organization must have a written constitution and by-laws that establish the
framework that the group will operate within.
The organization must have an elected Board of Directors of not less than three
members who are democratically elected by the membership.
The organization must hold an Annual General Meeting.
The organization must have less than two years’ equivalent operating budget in
unreserved cash demonstrated through a submitted annual financial statement.
Be in good financial standing with the Municipality of Clarington. All outstanding
debts to the Municipality of Clarington must be paid in full at the time of the group’s
application.
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The Community Funding Program will not fund the following:
General operating expenses that support the day to day operation of an organization
(i.e. utilities, rent, insurance, etc);
Individuals;
For profit organizations;
Political organizations;
Local Boards and Committees of Council, including Hall Boards (for the purposes of
or whose mandate is to operate and / or maintain municipal property);
Religious organizations, except where the program or service benefits the broader
community, does not involve religious teachings and is not generating revenue for
the organization;
Organizations that receive funding through Clarington’s municipal budget proces s or
are the designated beneficiaries of a fundraising event hosted by the Municipality of
Clarington, in the same year of the funding request (i.e. Clarington Golf Classic, For
the Love of Art);
Organizations that make donations or charitable contributions;
Organizations that operate with a deficit for more than two years in a row;
Programs or organizations that other levels of government have legislated
responsibility for providing funding. This includes “top up” of shortfalls for
government mandated programs or services. Examples include educational
programs, public health programs, housing services, provincially mandated childcare
services or social assistance programs and health care services; and / or
Organizations whose activities may breach the Ontario Human Rights Code or
Charter of Rights.
Administration and Approval
The Community Funding Program purpose and criteria have been approved by Council;
program funds are allocated by Council during the annual budget process .
The Community Funding Program is administered by the Community Services
Department. Community Development staff will be responsible to coordinate the details
of the Program and conduct a thorough review of the submitted applications for
eligibility.
All eligible applications will be reviewed and scored according to established criteria by
a panel of municipal staff and appointed community members (where applicable). The
Director of Community Services and the Deputy CAO/Treasurer will make
recommendations on funding to the (CAO or Council pending ratification of the report)
for approval.
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The municipal review panel is comprised of:
Director of Community Services, or their designate
Deputy CAO/Treasurer, or their designate
Director of Public Works, or their designate
Community Development Staff
Community Representative(s) to a maximum of 3
Application Process and Procedure
1. The Municipality of Clarington will advertise an annual call for funding on the
municipal website www.clarington.net and other relevant media. The funding call will
occur once per year, and the application period will open December 1 and close on
or before the deadline established annually by the Director of Community Services.
2. Organizations are required to read the full Community Funding Program Policy to
ensure their eligibility. Organizations must submit their application to the Community
Funding Program and any supporting documents through the online portal at
www.clarington.net/funding. For assistance with the online portal, contact
communitydevelopment@clarington.net.
3. All organizations must complete the application form in full and all the requested
supporting documentation must be submitted. Incomplete applications may not be
considered. The Municipality reserves the right to contact any organization for
information which requires clarification.
4. Community Funding Program applications must include signed support by a
minimum of two members of the organization’s executive, one of which needs to be
the President / Chair or Vice-President / Vice-Chair of the executive and any other
one board member.
5. Applications must be received by the municipality on or before the deadline
established annually by the Director of Community Services. No late applications will
be considered. It is the sole responsibility of the applicant to ensure that the
municipality receives completed applications. An email notice will be sent to the
applicant within 2-3 business days upon submission of the application.
6. Eligible organizations can submit only one application per year to any one of the
three streams.
7. There is a maximum of $5,000 per application. Applicants will be required to submit
financial statements as part of the application process.
8. There is an aggregate funding amount of $20,000 per organization. After this limit is
reached, organizations may reapply after a three-year waiting period.
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9. Once all funding decisions are finalized, applicants will receive notification via e-mail
of whether their application was successful.
10. The Community Funding Program does not have an appeals process for
unsuccessful applications, however groups can discuss how to improve future
applications with the Community Development staff by sending an email to
funding@clarington.net.
Reporting Requirements
Successful applicants who receive funding from the program must report on how it was
spent, and the impact achieved. Reports must be submitted to the municipality by
December 15 of the same year for which the funding is awarded.
If the funding recipient fails to fully complete and submit the report to the municipality
within the stated time, that organization will not be eligible for future funding until such a
time that the municipality is satisfied that the report has been submitted in full.
Scoring Scheme:
Step 1: Determine Eligibility (Community Development team)
Eligibility (Yes or No – Yes moves on to scoring; No is ineligible and does not move
through process):
Does the organization or project meet the criteria of one of the three streams:
Start-Up, Growth or In-Kind?
Is there a direct link with the project and the community priorities of Connected,
Environment, Inclusive and / or Innovation?
Applicant is a registered not for profit organization or is a volunteer not for profit
organization or group operating under the authority of a board of directors.
Have a written constitution and by-laws or documented operating procedures that
establish the framework within which the group will operate.
Have a democratically elected Board of Directors of not less than three
members.
Hold an Annual General Meeting.
Have less than two years’ equivalent operating budget in unreserved cash.
Be in good financial standing with the Municipality of Clarington. All outstanding
debts to the Municipality of Clarington must be paid in full at the time of the
group’s application.
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Step 2: Score application based on criteria (Municipal Review Panel)
The ranking criteria is as follows (each section ranked out of 3 for a total out of 18):
Organization Capacity (10% of final weight)
Does the organization have stable management and credibility in the kind of work
they are applying for funding for?
Is the application well organized, logical in progression of ideas and process,
etc.?
Is the program, service or event as proposed aligned with the mandate of the
organization?
Project Concept (20% of final weight)
Does the project seem interesting, innovative, original and not redundant with
other projects?
Are the proposed methods, approaches, etc. realistic, reasonable, effective, and
outcomes oriented?
Is the project sustainable?
Program or Service Plan (20% of final weight)
Is there enough planning and does the timeline make sense?
Has an intended audience been identified and have the date, time and venue
been set?
Are the tasks, timelines, and outcomes clear and measurable?
Collaboration (10% of final weight)
Does the proposal include partnerships & collaborations?
Are there letters of support and does the proposal show a clear, collaborative
effort?
Are there in-kind contributions or matches (i.e. funding, staffing, equipment, etc.)
from the organization?
Budget (10% of final weight)
Is the budget logical and reasonable?
Is the organization operating at a deficit?
Can the project be successful if partially funded? Have funds been requested
from other sources?
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Clarington Impact (30% of final weight)
Does the project serve and involve the community? How many Clarington
residents will benefit from it?
Does it serve a particular segment of the population? Will it benef it an
underserved or marginalized population?
Does it address a community need?
Funding Award:
Organizations / projects with a score of 80% or higher are awarded funding. Funding
amounts are determined based on the number of eligible requests received to the
program.
Page 47
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-014-22
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Council Compensation
Recommendations:
That Report LGS-014-22, be received for information.
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Municipality of Clarington Page 2
Report LGS-014-22
Report Overview
This report informs Council of the existing comprehensive compensation by-law that exists
for Members of Council and provides Council with the opportunity to perform the mandatory
once-per-term review.
1. Background
Municipal Act
1.1 The Municipal Act requires the bylaw to be reviewed once per term.
s. 283(7) On or after December 1, 2003, a council shall review a by-law under
subsection (5) at a public meeting at least once during the four-year period
corresponding to the term of office of its members after a regular election.
Last Review
1.2 Accordingly, the last review took place in December, 2018 with Report COD-029-18
Addendum. This review resulted in amending By-law 2011-005 with By-law 2018-103.
1.3 Report COD-029-18 addressed the Federal Government’s elimination of the 1/3 tax free
exemption for Municipal officials beginning in 2019, the corresponding impact to
OMERS contributions, and the revised age limit for OMERS contributions in accordance
with OMERS criteria.
1.4 Prior to 2019, By-law 2011-005 contained the provision that, if the 1/3 tax free
exemption was ever amended or repealed, Council compensation would be
automatically adjusted to maintain the same net compensation level.
1.5 Amending By-law 2018-103 deleted the 1/3 tax free allowance including the
commitment to the automatic adjustment to net compensation should the 1/3 tax free
allowance be repealed.
1.6 Clarington’s current by-law sets out the compensation practices for the Mayor and
Members of Council.
Council Remuneration Freeze – November 24, 2020
1.7 Through resolution #GG-410-20 Council froze Council Member’s salary, travel
allowance and benefits for 2021 and 2022 at the 2020 approved rates.
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Municipality of Clarington Page 3
Report LGS-014-22
2. Concurrence
Not applicable
3. Financial Considerations
3.1 Changes to the Council Remuneration By-law will impact the compensation estimates
for Mayor and Council. Financial Services will be using the existing by-law requirements
in the preparation of the 2023 Draft Budget.
4. Conclusion
4.1 Should Council wish to amend the existing by-law, Staff would ask that direction be
given to provide a report with details of the change, including any amending by-law.
Staff Contact: Lisa Wheller, Human Resources Manager, 905-623-3379 ext 2205 or
lwheller@clarington.net
There are no interested parties to be notified of Council's decision.
Page 50
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-015-22
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Health Benefit Program 2022 Renewal to November 1, 2023
Recommendations:
1. That Report LGS-015-22 and any related communication items, be received;
2. That the Health Benefit Program be renewed with Sun Life to November 1, 2023, at
an overall increase of 7%; and
3. That the Library be advised of the renewal program, and that they continue to be
invoiced for their portion of the benefit program as applicable.
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Municipality of Clarington Page 2
Report LGS-015-22
Report Overview
The annual renewal of the Health Benefit Program is presented for approval for the period of
November 1, 2022, to November 1, 2023.
1. Background
Existing Program for Health Benefits
1.1 The Extended Health (EHC) and Dental Benefits program with Sun Life remains under
an Administrative Services Only (ASO) funding formula. The non-ASO benefits which
include Life Insurance, Long Term Disability (LTD) and Accidental Death &
Dismemberment (AD&D) continue under the traditional funding formula.
1.2 The Stop Loss and Out of Country Pooling level is currently at $20,000 per person. This
protects the EHC plan against claims in excess of $20,000 and such claims are
removed from the claims experience.
Mosey and Mosey – Benefit Consultant
1.3 Mosey and Mosey is a leading benefit consultant in the municipal sector. In 2009 they
partnered with Local Authority Services (LAS), a multi-employer consortium to allow
individual municipalities to achieve reduced benefit costs through the increased
purchasing power of the overall group. There are currently over 34 municipalities
participating in this program.
1.4 Since 2019, the Municipality of Clarington has partnered with Mosey and Mosey in the
Local Authority Services (LAS).
2. The 2023 Program Renewal
2023 Rates and Overall Impact
2.1 Mosey and Mosey has undertaken negotiations with Sun Life to reduce the proposed
benefit program rate increase from 13.2% to 7.0%
2.2 The overall rate increase is also impacted by increases to LTD, Life and Dependent Life
benefit premiums, based on claims experience in these benefits.
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Municipality of Clarington Page 3
Report LGS-015-22
3. Financial Considerations
3.1 The Municipality has established the ASO Benefits Reserve Fund which can be used to
fund fluctuations in actual benefits and stabilize the t ax impacts of health benefits.
3.2 At January 1, 2022 the opening balance in the ASO Benefits Reserve Fund is
approximately $1.2 million. This balance came from the initial $500,000 contribution
and the unspent surplus from the 2020 fiscal year (where we saw a surplus due to
benefit usage).
3.3 The Deputy CAO/Treasurer will consider the appropriateness of using the Reserve
Fund to offset increases as part of the 2023 Draft Budget preparation.
4. Concurrence
This report has been reviewed and contributed to, by the Deputy CAO/Treasurer who
concurs with the recommendations.
5. Conclusion
It is respectfully recommended that the renewal of the Health Benefit Program be
renewed with an overall 7.0% increase.
Staff Contact:
Lisa Wheller, Human Resources Manager, 905-623-3379 ext 2205 or lwheller@clarington.net
Kerri McMullen, Compensation and & Benefits Supervisor, 905-623-3379 ext 2206 or
kmcmullen@clarington.net
Attachments:
Attachment 1 – Mosey and Mosey Monthly Renewal Rates and Cost Summary
Interested Parties:
The following interested parties will be notified of Council's decision:
The Clarington Library
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Page 54
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-017-22
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Appointments to the Audit and Accountability Committee and CAO Review
Committee
Recommendations:
1. That Report LGS-017-22, and any related communication items, be received;
2. That the Committee receive names of Members of Council wishing to stand for
appointment to the Audit and Accountability Committee, and that the vote be
conducted to make the appointments, in accordance with the Appointment to Boards
and Committees Policy;
3. That the Committee receive names of Members of Council wishing to stand for
appointment to the CAO Review Committee, and that the vote be conducted to
make the appointments, in accordance with the Appointments to Boards and
Committee Policy; and
4. That all interested parties listed in Report LGS-017-22, and any delegations, be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report LGS-017-22
Report Overview
This report is intended to provide background information, regarding the Council
appointments to both the Audit and Accountability Committee and the CAO Review
Committee.
1. Audit and Accountability Committee
Background
1.1 At the Council meeting of March 2, 2020, Report FND-027-19 was received and Council
passed Resolution #C-092-20 to strike the Audit and Accountability Committee.
1.2 The Audit and Accountability Committee assists Council in fulfilling its due diligence,
fiduciary, financial reporting and audit responsibilities. The Committee approves,
monitors, evaluates, and provides advice on matters affecting the external audit, internal
audit, risk management and the financial reporting and accounting control policies and
practices of the Municipality. More details on the Committee are found in the Terms of
Reference link above.
1.3 As per the Terms of Reference, “the Committee shall be comprised of three members of
Council each casting one vote per member. Council shall appoint members to the
Committee, one of which shall be the Council liaison to the Finance Departmen t. Where
the Mayor is not appointed to the Committee, he/she shall be an ex-officio member of
the Committee. It is important that Committee members have the following skills to
effectively serve on the Audit and Accountability Committee.
• A general understanding of the Municipality’s major economic, operating and
financial risks;
• A broad awareness of the interrelationship of the Municipality’s operations and
its financial reporting; and
• Understand the difference between the oversight function of the Committee and
the decision-making function of management.”
1.4 Regarding the length of term, “Council shall conduct a review of the appointments to the
Committee at the end of the second year of the term of Council to enable Council to
determine if any changes to the appointments are desired. If Council makes any
changes to the appointments, the term of office of any new appointee shall be
concurrent with the balance of the term of Council.
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Report LGS-017-22
1.5 The Committee will meet at least four times per year, with additional m eetings at the call
of the Chairperson in order to properly discharge its responsibilities. Exceptions to this
may include:
• During a municipal election year.
• Where quorum is not reached
• When circumstances warrant special consideration
2. CAO Review Committee
2.1 At the February 18, 2020, General Government Committee meeting, Council passed
Resolution #GG-103-20 to strike a CAO Review Committee. This resolution was ratified
by Council on March 2, 2020.
2.2 The CAO Review Committee is composed of the Mayor and two Members of Council,
which would report, annually, to a closed session of the General Government
Committee.
3. Financial Considerations
None.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Committee consider the vote to make the
appointments Audit and Accountability Committee and CAO Review Committee at this
time.
Staff Contact: Lindsey Patenaude, Committee Coordinator, 905-623-3379 ext. 2106 or
lpatenaude@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council’s decision.
Page 57
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-018-22
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Appointment to the Conservation Authorities and Durham Land Division
Committee
Recommendations:
1. That Report LGS-018-22, and any related communication items, be received;
2. That the vote be conducted to appoint three Members of Council for a term ending
December 31, 2026, or until a successor is appointed, to the Central Lake Ontario
Conservation Authority for the Municipality of Clarington, in accordance with the
Appointments to Boards and Committees Policy;
3. That the vote be conducted to appoint one Member of Council for a term ending
December 31, 2026, or until a successor is appointed, to the Kawartha Conservation
Authority for the Municipality of Clarington, in accordance with the Appointments to
Boards and Committees Policy;
4. That the vote be conducted to appoint two Members of Council for a term ending
December 31, 2026, or until a successor is appointed, to the Ganaraska Region
Conservation Authority for the Municipality of Clarington, in accordance with the
Appointments to Boards and Committees Policy;
5. That the vote be conducted to nominate one citizen as the Municipality of
Clarington’s appointee to the Durham Land Division Committee for a term ending
December 31, 2026, or until a successor is appointed, in accordance with the
Appointments to Boards and Committees Policy; and
6. That all interested parties listed in Report LGS-018-22, and any delegations, be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report LGS-018-22
Report Overview
This report is intended to provide background information, regarding the vacancies on the
Central Lake Ontario Conservation Authority, Kawartha Region Conservation Authority,
Ganaraska Region Conservation Authority, and the Durham Land Division Committee to
assist in the appointment process.
1. Conservation Authorities
Background
1.1 The Region of Durham plans to make appointments to the Conservation Authorities at
the Regional Council meeting in January 2023. Pursuant to the policy of the Regional
Council, each area municipality nominates names for the appointment, and the
Regional Council makes the appointments.
1.2 The Council of the Region of Durham adopted the following policy, on October 4, 2006:
“That only elected officials be appointed to Conservation Authorities and
further, that only members of Regional Council be appointed unless
municipalities have insufficient Regional Council representation, they shall be
permitted to appoint a local Councillor or appoint a citizen representative to the
Conservation Authority”.
1.3 Further, at the April 27, 2022, Regional Council meeting, the Council of the Region of
Durham adopted the following resolution, amending the above resolution from October
4, 2006:
“That only elected officials be appointed to the Conservation Authorities and
further, that only members of Regional Council be appointed unless the
municipalities have insufficient Regional Council representation, they shall be
permitted to appoint a local Councillor to the Conservation Authority.
Conservation Authority Appointments
1.4 The Municipality of Clarington is a member of the three area Conservation Authorities.
Therefore, the following appointments of Members of Council are required:
Three members to the Central Lake Ontario Conservation Authority;
One member to the Kawartha Conservation Authority; and
Two members to the Ganaraska Region Conservation Authority.
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Municipality of Clarington Page 3
Report LGS-018-22
2. Durham Land Division Committee
Background
2.1 The Durham Land Division Committee considers land severance applications as an
alternative means of subdividing land to that formal plan of subdivision.
2.2 The Region of Durham plans to make appointments to the Land Division Committee at
the Regional Council meeting of February 1, 2023. Pursuant to the policy of the
Regional Council, each area municipality nominates names for an appointment, and
the Regional Council makes the appointments.
Impact of Bill 23, More Homes Built Faster Act, 2022
2.3 The Province is moving Bill 23 through the legislative process this month. If passed, it
will deem the Region of Durham a ‘municipality without planning authority’, and all of
the Region’s planning functions will transfer to the lower tiers. This will include
considering consent applications that are currently heard by the Region’s Land Division
Committee. The Region has advised that they would prefer that the lower tiers continue
with the recruitment process for the time being, as it is not yet clear if there will be a
transitional period in the legislation, and when specifically consent applications will
become a lower-tier responsibility. Therefore, Clarington will proceed with
appointments to the Region of Durham Land Division Committee.
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Municipality of Clarington Page 4
Report LGS-018-22
Appointments
2.4 One citizen can be nominated for a term ending December 31, 2026, to the Durham
Land Division Committee.
2.5 The following individuals have put forward an application for consideration . Applications
that were submitted after the deadline have been marked “Late”:
Brad Jakobsen – Late application
Bradley W hittle
Craig Mack
Filip Alexanderek
Funmi Adedeji – Late application
Jennifer Garon
Leo Olivieri
Lesley Scherer
Noel Gamble
Omar Patel
Sheikh Hossain
Tammy Home
Themsheena
Zane Piekenbrock
2.6 The applications for the above-named individuals have been circulated under separate
cover (Attachment 1) as they contain personal information about the individuals.
3. Advertising and Applications
3.1 The Municipal Clerk’s Division placed an advertisement in local papers and on the
Municipality’s website, www.clarington.net/Commitees, to fill the vacancy on the
Durham Land Division Committee.
3.2 In an effort to extend the reach of our advertisements for vacancies, the Clerk’s
Division has created a profile on the www.claringtonvolunteers.ca website. Vacancies
on the Durham Land Division Committee were listed on the Clarington Volunteers
website.
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Municipality of Clarington Page 5
Report LGS-018-22
4. Financial Considerations
Not Applicable
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Committee nominate one of the applicants to
Durham Land Division, as the Municipality of Clarington’s appointee and to conduct the
vote for the Council appointments to the Conservation Authorities for a term ending
December 31, 2026, or until a successor is appointed.
Staff Contact: Lindsey Patenaude, Committee Coordinator, 905-623-3379 ext. 2016 or
lpatenaude@clarington.net.
Attachments:
Attachment 1 – Confidential Application Package
Interested Parties:
The following interested parties will be notified of Council's decision:
All Applicants
Durham Land Division Committee
Ganaraska Region Conservation Authority
Central Lake Conservation Authority
Kawartha Region Conservation Authority
Page 62
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-019-22
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Update to Cemetery By-law to Include Bereavement Authority of Ontario’s
Changes
Recommendations:
1. That Report LGS-019-22, and any related delegations or communication items, be
received;
2. That the By-law attached to Report LGS-019-22, repealing and replacing By-law
2022-035, the Cemetery By-law, as Attachment 1, be approved; and
3. That the new Cemetery By-law be forwarded to the Bereavement Authority of
Ontario for approval;
4. That all interested parties listed in Report LGS-019-22 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report LGS-019-22
Report Overview
This Report suggests changes to the “new” Cemetery By-law, By-law 2022-035, based on a
review by the Bereavement Authority of Ontario, prior to obtaining approval of the by-law
from same.
1. Background
1.1 On June 20, 2022, arising out of a full cemetery review in Report LGS -012-22, Council
passed By-law 2022-035, the “new” Cemetery By-law.
1.2 In accordance with Section 151 of Regulation 30/11 of the Funeral, Burial and
Cremation Services Act, 2002, no cemetery by-law or by-law amendment is effective
until, the cemetery operator has filed it with the registrar, performed the notice
requirements, and the by-law has been approved by the Registrar of the Bereavement
Authority of Ontario (BAO).
1.3 Notice requirements (to funeral homes and monument companies, as well as signs
posted in cemeteries) have been fulfilled in the summer, and the by-law was forwarded
to the BAO Registrar for their review and approval.
2. BAO’s Review of Cemetery By-law
2.1 Staff’s review used the sample by-laws available at the time, which have now been
updated. The BAO’s review was received by Staff this fall and the comments were that
the by-law “is essentially good”. However, they had some comments and suggested
changes (both written and arising out of discussions) which we have added in the
attached redlined version of By-law 2022-035.
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Report LGS-019-22
BAO’s Suggestion Staff’s Comments
Add reference to all cemetery sites, including
Abandoned Cemeteries. Although the BAO
noted that some municipalities choose to leave
just the active cemeteries.
Staff agree with this and have
placed the full list of cemeteries in
Schedule A; with the note that not
all sections are applicable. The
BAO notes that putting the
cemeteries in a Schedule would not
require a full BAO notice and
approval if other cemeteries are
added in the future.
Under Definitions, for “Care and Maintenance
Fund, amend to include that it is a requirement
under the FBCSA and O. Reg. 30/11 and
184/12.
Agreed
Under Definitions, for “Cemetery”, remove the
words “set aside for the interment of human
remains or ashes”, as it is meant to be the
entire property.
Agreed – remove wording and
replace reference to individual
cemeteries with reference to
Schedule of Cemeteries.
Under Definitions, for Interment Rights Holder,
please consider using the definition from our
sample as it encompasses more.
Interment Rights Holder: The person(s)
authorized or entitled to inter human
remains in a specified lot. They may be
the person named in the Interment
Rights Certificate or such other person
to whom the rights have been assigned.
Agreed
In Section 3.10 – regarding notice for large
memorials – suggest that the notice be
defined.
Agreed – added “one week’s
notice”.
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Report LGS-019-22
BAO’s Suggestion Staff’s Comments
Under section 5 “Disinterment or Removals”
please consider changing 5.1 to the wording
provided in our sample by-laws as it provides
more clarity.
Human remains may be disinterred from
a lot provided that the written consent
(authorization) of the interment rights
holder has been received by the
cemetery operator and the prior
notification of the medical officer of
health. A certificate from the local
medical officer of health must be
received at the cemetery office before
the removal of casketed human remains
from the cemetery may take place.
In special circumstances the removal of
human remains may also be ordered by
certain public officials without the
consent of the interment rights holder
and/or next of kin(s).
Agreed to replace “Unless
otherwise directed by the Medical
Officer of the Department of Health,
no human remains may be
disinterred from the Grave without
written consent of the Interment
Rights Holder.”
Also added wording to exclude
cremated remains.
Added a section to state that
cremated remains require the
authorization of rights holder (i.e.,
but not Medical Officer).
Page 66
Municipality of Clarington Page 5
Report LGS-019-22
BAO’s Suggestion Staff’s Comments
Under 7.2 consider changing the wording as
this a little difficult to read. The main point
should be in reference to the fees.
Subject to availability of Lots, Interment
Rights may be purchased from the
Municipality at the rates set out in the
Fee By-law.
The rates for Interment Rights include
the portion specified by the Act for
deposit to the Cemetery's Care and
Maintenance Fund.
Agreed – to change from the
following, creating a new section
7.2 and adding a new section 7.3:
Subject to availability of Lots,
Interment Rights may be
purchased from the
Municipality at the rates set
out in the Fee By-law. The
rates for Interment Rights
include the portion specified
by the Act for deposit to the
Cemetery's Care and
Maintenance Fund except
for transactions with a grave
(i.e., transfer, interment, or
installation of a
marker/monument) that was
purchased previously and
included the "care and
maintenance" at the time of
purchase.
Under 7.5 you’ve specified markers, but
wouldn’t monuments also be included?
Perhaps use memorial or other structure as
referenced in 11.1.
Agreed – change to “monuments,
memorials, markers, and
inscriptions”.
NOTE: Staff does not wish to
include the words “other structures”
because benches, chairs, trellis,
archways are not allowed.
Page 67
Municipality of Clarington Page 6
Report LGS-019-22
BAO’s Suggestion Staff’s Comments
Under 7.10 & 7.12 perhaps specify that “if no
part of the interment rights have been
exercised in a lot”. Since purchasers can own
a plot and you are not restricting resale if part
of a plot has been exercised.
Agreed. Also added the following to
clarify reselling after use and
vacancy: “Notwithstanding section
7.10, if the interment rights have
been exercised but disinterment
has taken place and the lot is
considered vacant, rights holders
are permitted to resell their
interment rights provided notice is
given to the Cemetery Operator as
stated above in 7.10.”
Clarification that scattered remains were not
allowed.
Agreed - removed the reference to
scattered remains in “Care and
Maintenance Fund Definition”;
Section 7.19 which caused the
ambiguity and changed section
10.9 to state that scattering is not
allowed anywhere in the cemetery
(a change from just prohibiting in
graves); and section 12.1(a).
Section 8.3 – regarding the pre-1955 sales,
change “shall” to “may” and add “in
accordance with the prevailing legislation.”
Agreed
Section 10.4, change “24 business hours”
(which could mean three days) to “one
business day”.
Agreed – changed from “The
Cemetery Operator shall be given
24 business hours of notice for
each Interment.”
2.2 Staff view the above changes as improvements and have no issues with making the
changes.
2.3 Staff have forwarded the redlined version to the BAO, provided comments that have
been incorporated in this report, and they agree with the changes, in principle.
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Municipality of Clarington Page 7
Report LGS-019-22
3. Housekeeping Changes
3.1 While making the changes suggested by the BAO, Staff also made the following
housekeeping changes:
a) Changed the definition of Infant Baby Land to Infant Burial Land (IBL).
b) Deleted the definition of “vessel” as it is not used in the by-law. Moved definition
to “Urn”.
c) Deleted Section 11.8, which was a duplicate of section 11.5.
d) Section 13.3 = added the words “free standing and”
4. Timing
4.1 The BAO acknowledges a delay in their initial review and therefore are not asking for a
for a new submission package as the active cemeteries were covered in the newspaper
and the postings.
4.2 Additionally, the BAO notes that, since the by-law has not been approved by the BAO
yet, changes can still be made to the by-law without further notice protocol. Therefore,
the attached draft by-law is being presented, to repeal and replace By-law 2022-035 as
outlined in the redlined version. However, if the BAO approves a by-law and we amend
it later, the notice and approval process starts again.
4.3 The attached by-law will still need to be forwarded to the BAO for their approval. Upon
their approval, the approval date will be added to the by-law, and it will be in effect.
4.4 Staff are hoping that the BAO will approve the by-law in time to make the updated
pricing changes effective January 1, 2023.
5. Financial Considerations
5.1 Although there are no direct financial implications related to the attached – there are
several financial implications with the initial changes to the Cemetery By -law, including
the timing of the Consumer Price Index (CPI) changes (being based on October instead
of November CPI).
6. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
Page 69
Municipality of Clarington Page 8
Report LGS-019-22
7. Conclusion
It is respectfully recommended that Committee recommend the approval of the attached
new Cemetery By-law, repealing and replacing By-law 2022-035.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or
jgallagher@clarington.net.
Attachments:
Attachment 1 – New Cemetery By-law, shown as redlined of By-law 2022-035
Interested Parties:
The following interested parties will be notified of Council's decision:
BAO Registrar, c/o Jaime Traynor, Licensing Officer, Bereavement Authority of Ontario
Funeral Homes dealt with in the past 12 months:
Ainsworth Funeral Home
Allison Funeral Home
Armstrong Funeral Home
Barnes Memorial Funeral Home
Brock & Visser Funeral Home
Chapel Ridge Funeral Home
Courtice Funeral Home
Fallis & Shields Funeral Home
McIntosh-Anderson-Kellam Funeral
Mackey Funeral Home
Morris Funeral Home
Newcastle Funeral Home
Nisbett Funeral Home
Northcutt Elliott Funeral Home
Oshawa Funeral Home
Monument Companies dealt with in the past 12 months
Campbell Monuments
Kawartha Monuments
Oshawa Monument Company
Peterborough Monument Works
Sanderson Monuments
Stafford Monument Company
Page 70
Attachment 1 to Report LGS-019-22
Page 1 of 20
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law 2022-xxx
Being a by-law to provide for the maintenance, management, regulation , and
control of the cemeteries in the Municipality of Clarington, and to repeal the
previous Cemetery By-law and amendments.
Whereas The Corporation of the Municipality of Clarington owns, and operates both
active and abandoned cemeteries within the Municipality of Clarington;
And whereas the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002 c.33
regulates the operations of cemeteries in Ontario;
And whereas the Council of The Corporation of the Municipality of Clarington deems
it desirable to enact a By-law to regulate the operation of municipal cemeteries;
Now therefore the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. Approval
These by-laws are the rules and regulations that govern the cemeteries listed in
Schedule “A”, including the abandoned cemeteries, and have been approved by the
Registrar, Funeral, Burial and Cremation Services Act, 2002 (FBCSA), Bereavement
Authority of Ontario (BAO).
2. Definitions
“Act” means the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), S.O.
2002 c.33.
“Ashes” means the cremated or aquamation remains of a deceased human body.
“Assisted Burial” means a burial when the deceased’s estate is unable to cover
the cost of the burial and Social Services pays for the grave and interment, to
ensure that individuals who are in receipt of social assistance, indigent persons,
and persons in financial need may have their remains interred or cremated in a
respectful and dignified manner.
“Burial” means the opening and closing of an inground lot or plot for the
disposition of human remains or cremated human remains.
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“Care and Maintenance Fund” means the requirement under the FBCSA and O.
Reg. 30/11 and 184/12 that a prescribed amount or a percentage of the purchase
price (excluding tax) of all interment rights sold, transferred, assigned, or
permitted; and prescribed amounts for monuments and markers is contributed into
the care and maintenance fund.
“Casket” means the container/coffin in which human remains are interred.
“Cemetery” means those areas inside the properties noted in Schedule “A”, the
list of cemeteries operated by the Municipality of Clarington.
“Cemetery Operator” means the Municipality of Clarington.
“Columbarium” means a structure (a niche wall) designed for the purpose of
interring and preserving of cremated remains in sealed compartments (niches).
“Contract” means the signed contract between the purchaser of Interment Rights
and the Cemetery Operator detailing the obligations of both parties, and
acknowledging receipt and acceptance of the cemetery by-laws, a copy of the
Consumer Information Guide and the Price List.
“Corner Stones” means any stone or other land markers, usually 6”x 6”, set flush
with the surface of the ground and used to indicate the location of a lot or plot.
“Corporation” means the Corporation of the Municipality of Clarington.
“Cremation Monument” see “Niche Monument”.
“Director” means the Director of Public Works of the Municipality of Clarington or
their designate.
“Disinterment” means the digging/removal and re-interment of a casket, vault or
urn from a burial lot or niche.
“Grave” (Also known as Lot) means any inground burial space intended for the
interment of a child, adult, or cremated human remains.
“Holiday” means a Statutory or Declared Holiday as well as any day designated
in a collective agreement approved by the Municipalit y of Clarington.
“Human remains” means the remains of a deceased human body.
“Infant Burial Land” = IBL = means a part of a cemetery designated for infants
with a grave no bigger than 18” x 36”.
“Interment” means the opening of a lot and then the placing of dead human
remains or cremated human remains in that lot, followed by closing the lot. The lot
may be a grave in the ground, a crypt in a mausoleum , or a niche in a
columbarium.
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Cemetery By-law 2022-xxx
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“Interment Right” means the right to require, or direct, the interment of human
remains or cremated human remains in a grave, lot, or niche and direct the
associated memorialization.
“Interment Rights Certificate” means the document issued by the Cemetery
Operator to the purchaser once the interment rights have been paid in full,
identifying ownership of the interment rights.
“Interment Rights Holder” means the person(s) authorized or entitled to inter
human remains in a specified lot. They may be the person named in the Interment
Rights Certificate or such other person to whom the rights have been assigned.
“Lot” (also known as Grave) means a single grave space.
“Marker” means any permanent memorial structure that is set flush and level with
the ground, where no foundation is required and used to mark the location of a
burial.
“Memorial Bench” means a bench (typically granite) personalized with
lettering/dates/artwork placed on a burial lot.
“Monument” means any permanent memorial projecting above the ground
installed to mark the location of a burial or lot. This may include an upright or
pillow style requiring a foundation and a base.
“Municipal Clerk” means the Clerk of the Municipality of Clarington or their
designate.
“Niche” means an individual compartment in a columbarium for the entombment
of cremated human remains.
“Niche Monument” means a permanent memorial installed by individuals to mark
the location of a particular burial, or a lot, which includes individual compartment(s)
intended for the entombment of cremated human remains.
“Plot” means a parcel of land, sold as a single unit, containing multiple lots.
“Register” means an up-to-date record (within five days of interment) of the name
and address of each Interment Rights Holder and the location of the lot. The name
and address of the original Interment Rights Holder, any date of transfer, and to
whom the rights were transferred. The name of each person interred, the location
within the Cemetery, and the date of interment, particulars regarding disinterments
including the name of the person disinterred, date of disinterment, who authorized
the disinterment, where the remains were re-interred, or the person who took
possession of the remains.
“Registrar” means the Registrar of the Bereavement Authority of Ontario (BAO).
“Social Services Burial” see “Assisted Burial”.
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Cemetery By-law 2022-xxx
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“Third Party Purchaser” means any person who purchased Interment Rights
from a source other than the Cemetery Operator, in accordance wit h the provisions
of this by-law.
“Urn” means a container for cremated remains.
“Vault” means a manufactured fiberglass or concrete shell that the casket is
placed into prior to an Interment.
3. General
3.1 Hours of Operation
Visitation Hours: 8:00 a.m. to Sundown
Office Hours: 8:30 a.m. to 4:30 p.m. (September to June)
8:00 a.m. to 4:00 p.m. (July and August)
Interment Hours: 8:00 a.m. to 4:00 p.m.
Note, the Office for the Cemeteries is the Municipal Clerk’s Division, 40
Temperance Street, Bowmanville.
3.2 No person shall enter or remain in a Cemetery between sundown and 8:00
a.m. without the permission of the Cemetery Operator.
3.3 The hours of operation shall not apply to a police constable and employees of
the Municipality of Clarington in the performance of their duties.
3.4 Conduct
The Cemetery Operator reserves full control over the Cemetery
operations and management of land within the Cemetery grounds.
No person may damage, destroy, remove, or deface any property within
the Cemetery.
All visitors shall conduct themselves in a quiet manner that shall not
disturb any service being held.
3.5 Liability
The Cemetery Operator shall not be held liable for any loss or damage,
without limitation (including damage by the elements, Acts of God, or
vandals) to any lot, plot, columbarium niche, monument, marker, or other
article that has been placed in relation to an Interment, save and except
for direct loss or damage caused by gross negligence of the Cemetery
Operator.
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3.6 Public Register
Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums
to maintain a public register that is available to the public during regular
office hours. The Public Register shall be available to the public through
the Municipal Clerk’s Division during regular office hours.
3.7 Pets or Other Animals
Pets or other lower animals, including cremated animal remains, are not
allowed to be buried on Cemetery grounds.
3.8 Right to Re‐Survey
The Cemetery Operator has the right at any time to re ‐survey, enlarge,
diminish, re-plot, change or remove plantings, grade, close pathways or
roads, alter in shape or size, or otherwise change all or any part of the
Cemetery, subject to approval of the appropriate authorities.
3.9 Interments on a Statutory Holiday or Sundays
No interment shall be made on a Statutory Holiday, or Sunday, without
payment of an extra charge as set forth in the Fee By-law. This extra
charge is not applicable when there is a written order, from a Medical
Officer of Health, for interment.
3.10 Memorial Services
Memorial Services greater than 75 people shall require one week’s
advanced notice to the Cemetery Operator.
4. Cemetery Services
4.1 Cemetery services available from the Municipality of Clarington shall not be
allowed to be supplied by any person, other than those authorized by the
Cemetery Operator.
“Cemetery Services” shall include:
a) cutting grass and general care of lots;
b) planting trees, shrubs and grass;
c) setting grave markers, and memorials;
d) construction of a foundation for monuments and markers;
e) opening and closing of graves; and
f) disinterment or removal of human remains.
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5. Disinterment or Removals
5.1 Human remains (excluding cremated remains) may be disinterred from a lot
provided that the written consent (authorization) of the interment rights holder
has been received by the cemetery operator and the prior notification of the
medical officer of health. A certificate from the local medical off icer of health
must be received at the cemetery office before the removal of casketed
human remains from the cemetery may take place.
5.2 Cremated remains may be disinterred from a lot or niche provided that the
written consent (authorization) of the interment rights holder has been
received by the cemetery operation before the removal.
5.3 In special circumstances the removal of human remains may also be ordered
by certain public officials without the consent of the interment rights holder
and/or next of kin(s).
5.4 No disinterment or removal of any casketed human remains shall be allowed
except as ordered by those defined in the Act and in the presence of the
Cemetery Operator, and upon due observance of all other requirements of
the Act and regulations.
5.5 No opening of a niche is permitted except for the addition or removal of
human remains.
5.6 Removal of a joint urn to add a second set of human cremated remains (work
performed by a funeral home employee) would not be considered a
disinterment.
5.7 A certificate from the local Medical Officer of Health is not required for the
removal of cremated remains.
6. Oversized Vaults
6.1 Where a Vault has a width of more than 2' 6" (0.762 metres), or a length of
more than 7' 6" (2.286 metres), the Cemetery Operator shall not be obliged to
permit the interment unless there is sufficient space to accommodate it; and
the Cemetery Operator shall not be obliged to permit the erection of any
Monument where there is insufficient room left for the foundation.
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Cemetery By-law 2022-xxx
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7. Sale and Transfer of Interment Rights
7.1 Purchasers of interment rights holders acquire only the right to direct the
burial of human remains, and the installation of monuments, markers, and
inscriptions, subject to the conditions set out in the cemetery by-laws. In
accordance with cemetery by-laws, no burial, entombment, or installation of
any monument, marker, inscription, or memorialization is permitted until the
interment rights have been paid in full. An interment rights certificate will be
issued to the Interment Rights Holder(s) when payment has been made in
full. The purchase of interment rights is not a purchase of Real Estate or real
property.
7.2 Subject to availability of Lots, Interment Rights may be purchased from the
Municipality at the rates set out in the Fee By-law.
7.3 The rates for Interment Rights include the portion specified by the Act for
deposit to the Cemetery's Care and Maintenance Fund.
7.4 Payments for Interment Rights shall be made payable to the Municipality of
Clarington, through the Municipal Clerk’s Division.
7.5 Upon payment in full, the Municipality shall provide each purchaser of
Interment Rights with:
a) a copy of the Contract;
b) a copy of the Cemetery By-law;
c) a Certificate of Interment Rights; and
d) any other documents as required under the Act
7.6 Purchasers of lots acquire only the right and privilege for the interment of
human remains and the placing of monuments, memorials, markers, and
inscriptions, subject to this By-law.
7.7 To ensure accuracy of the Register, no transfer of any Interment Right or any
interest therein shall be binding upon the Municipality, unless application for
the Transfer has been submitted, including necessary supporting
documentation, and the original Certificate of Interment Rights returned, as
required under Subsection 4.9 a). Upon receipt of such application and
payment of the prescribed fee, the Transfer shall be made and a new
Certificate of Interment Rights issued.
7.8 The sale of Interment Rights shall be limited to a maximum of six
lots/graves/niches to each individual.
7.9 For sales after the effective date of this by-law, the sale of six niches shall not
be continuous (i.e. not a whole row).
Third Party Purchases/Re-Sales
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Cemetery By-law 2022-xxx
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7.10 . An interment rights holder may resell their interment rights so long as no
portion or their interment rights has been exercised in a lot. Prior to seeking a
third party buyer for their interment rights, the interment rights holder mus t
notify the Cemetery Operator of their intentions to resell.
7.11 Notwithstanding section 7.10, if the interment rights have been exercised but
disinterment has taken place and the lot is considered vacant , rights holders
are permitted to resell their interment rights, provided notice is given to the
Cemetery Operator as stated above in 7.10.
7.12 Subject to the provisions of this By-law and the Act, , an Interment Rights
Holder may sell, or transfer, their Interment Rights to a Third Party Purchaser
at no more than the current price, so long as the sale or transfer is conducted
through the Cemetery Operator and the interment rights holder and purchaser
meet the qualifications and requirements.
7.13 If an Interment Rights Holder is unable to find a third Party Purchaser at the
current purchase price, the Municipality may buy the rights back at a
negotiated price.
7.14 No person shall purchase Interment Rights for the sole or primary purpose of
reselling the Rights with a view to making a financial gain. The Interment
Rights may not be sold to Third Party Purchasers for more than the price set
out in the current Price List (contained in Clarington’s Fee By-law) as the case
may be.
7.15 An Interment Rights Holder intending to sell their Interment Rights to a Third
Party Purchaser shall provide the Municipality with the following
documentation so that the Municipality can confirm the ownership of the
Rights and provide the Third Party Purchaser with the requ ired
documentation:
a) an Interment Rights certificate endorsed by the current Rights holder;
b) if the resale involved Interment Rights, a written statement of the
number of Lots that have been used in a Plot and the number of Lots
that remain available; and
c) any other documents in the Interment Rights Holder’s possession
relating to the Rights.
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7.16 To complete the sale of the Interment Rights to a Third Party Purchaser the
Municipality may also require:
a) a statement signed by the Interment Rights Holder(s) selling the
Interment Rights acknowledging the sale of the Rights to the Third
Party Purchaser;
b) confirmation that the person selling the Interment Rights is the person
registered on the Cemetery records and that they have the right to re-
sell the Interment Rights;
c) a record, setting out the date of the transfer of the Interment Rights to
the Third Party Purchaser; and
d) a statement of any money owing to the Municipality in respect of the
Interment Rights.
7.17 The Third Party Purchaser will be provided with the following documents by
the Municipality:
a) a new Certificate of Interment Rights;
b) a copy of this By-law;
c) a copy of the current Price List (contained in Clarington’s Fee By-law);
d) If the resale involves Interment Rights, a written statement of the
number of Lots that have been used in a Plot and the number of Lots
that remain available; and
e) any other documentation in the Interment Rights Holder’s possession
relating to the Rights.
7.18 Upon completion of the procedures detailed in the “Third Party Purchaser”
section of this by-law, and at the approval of the Municipal Clerk, the Third
Party Purchaser shall be considered the current Interment Rights Holder and
the resale or Transfer of the Interment Rights shall be considered completed.
Transfer by Will or Bequest
7.19 In cases of Transfer by will or bequest, the Municipal Clerk shall have the
right, in their sole discretion, to require the production of a notarized copy of
the will or other evidence sufficient to prove ownership.
Cancellation of Interment Rights within 30 Day Cooling-Off Period
7.20 In accordance with the Act, any Interment Rights Holder may cancel the
Interment Rights within thirty (30) days of signing the Contract by providing
written notice of the cancellation to the Cemetery Operator. The Cemetery
Operator will refund all monies paid by the purchaser within thirty (30) days
from the date of the request for cancellation.
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7.21 Upon receiving written notice from the purchaser, the Cemetery Operator will
cancel the contract and issue a refund to the purchaser for the amount paid
for the interment rights. This refund will be made within thirty (30) days of
receiving said notice. If the interment rights certificate has been issued to the
interment rights holder(s), the certificate must be returned to the Cemetery
Operator along with the written notice of cancellation.
7.22 No refund will be made for any Lot if any portion of the Interment Rights have
been exercised.
7.23 Notwithstanding subsections 7.1 to 7.17, inclusive, burial rights for graves
provided for assisted burials cannot be transferred or sold and shall remain
vested with the Municipality in perpetuity.
8. Care and Maintenance Fund Contributions
8.1 Interest earned from this fund is used to provide care and maintenance of
lots, plots, markers, and monuments.
8.2 Contributions to the Care and Maintenance Fund are not refundable except
when Interment Rights are cancelled within the 30 day cooling off period.
8.3 Where interment rights were sold before 1955 and no trust funds were
collected for the purpose of care and maintenance (or perpetual care as was
often the term used pre-1955), the Municipality may charge the interment
rights holder care and maintenance fees, at the time the rights are e ither
transferred or at the time the rights are executed (including erecting a
monument). The rate shall be based on the approved rates in accordance
with the prevailing legislation.
9. Errors
9.1 In the event that an error on the part of the Municipality is discovered with an
Interment Right prior to the use of the lot/niche for Interment, and that niche is
no longer available, the Municipality shall:
a) promptly notify the Interment Rights Holder of the error;
b) amend the affected Contract and Certificate of Interment Rights of that
lot/niche, or other Interment Right made prior to the enactment of this
By-law, so as to provide a lot/niche of equal or greater value and
similar location acceptable to the Interment Rights Holder; or
c) cancel the Interment Rights and refund the full amount paid as
evidenced in the Municipality’s records.
9.2 The Interment Rights Holder shall notify the Municipality of their preference
within 30 days of the notification of the error; otherwise, the Municipality shall
be entitled to make the decision.
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10. Interments
10.1 Interment Rights Holders must provide written authorization prior to an
Interment. Should the Interment Rights Holder be deceased, authorization
must be provided in writing by the person authorized to act on behalf of the
Interment Rights Holder (i.e. Personal Representative, Estate Trustee,
Executor, succession Rights holder, or next of kin).
10.2 A duly issued burial permit, or equivalent document showing that the death
has been registered with the Province, must be provided to the Cemetery
Operator prior to an Interment taking place.
10.3 A Certificate of Cremation must be submitted to the Cemetery Operator prior
to the Interment of cremated remains.
10.4 The Cemetery Operator shall be given one business day of notice for each
Interment.
10.5 Payment for Interment, and the Provincial License Fee for each individual
interred, must be made to the Cemetery Operator, payable to the Municipality
of Clarington through the Municipal Clerk’s Division before an interment can
take place.
10.6 Notwithstanding subsection 10.5, an interment can take place, without
payment for interment for niches purchased in the:
Hampton Cemetery prior to June 28, 2013; and
Orono Cemetery prior to June 1, 2019.
10.7 Notwithstanding subsection 10.5, an interment can take place for an assisted
burial prior to receipt of payment for the Interment, provided the Municipal
Clerk has received written confirmation from Social Services of a commitment
to pay for the services.
10.8 The opening and closing of Graves or Niches may only be conducted by
Municipal staff or those designated to do work on behalf of the Cemetery
Operator.
Scattering
10.9 Scattering of cremated remains is not permitted within the cemetery.
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More than Two in One Lot
10.10 Due to the instability of the soil, the top of any interment container shall be 36”
(91.5 cm) below ground surface for safety reasons. Regardless of the manner
in which the Grave is prepared, only one full-body Human Remains is to be
interred in any single Lot.
10.11 Human cremated remains shall be allowed to be interred with full-body
Human Remains. The limit shall be three cremated remains with one full-body
Human Remains in any single Lot or, four cremated remains if there is no full
human remains.
10.12 Notwithstanding Subsection 10.11, if the lot is being used for both full-body
burials and cremated remains, full-body burials must be in place prior to
placing cremated remains in any single lot.
10.13 Notwithstanding Subsection 10.11, for those who purchased Lots or Plots:
In the Bowmanville Cemetery prior to July 1, 2005, requesting a
double interment in one Lot, the limit shall be four cremated
remains with two full-body Human Remains in any single Lot;
In the Orono Cemetery prior to June 1, 2019, six cremations
will be permitted with the approval of the Cemetery Operator;
In the Hampton Cemetery, six cremations will be permitted in
all graves (as all graves were sold prior to Clarington assuming
the cemetery).
11. Memorialization
11.1 No memorial or other structure shall be erected or permitted on a Lot until all
setup and foundation fees have been paid in full including markers requested
to be installed for graves provided for assisted burials.
11.2 No Monument, footstone, marker, or memorial of any description shall be
placed, moved, altered, or removed without permission of the Cemetery
Operator.
11.3 Minor scraping of the monument base of an upright monument due to
grass/lawn maintenance is considered to be normal wear and tear.
11.4 The cemetery operator will take reasonable precautions to protect the
property of interment rights holders, but it assumes no liability for the loss of,
or damage to, any monument, marker, or other structure, or part thereof.
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11.5 Memorials – monuments, markers, plaques etc. are owned by the interment
rights holder and the cemetery operator is not responsible for their loss or
deterioration. These memorials should be protected by the interment rights
holder’s own insurance coverage.
11.6 Monuments, footstones, markers, or memorials may be purchased and
placed on an assisted burial grave by a person, or by a relative of a deceased
person where the deceased person is the rights holder, provided they sign an
indemnity declaration on the Monument Order Form.
11.7 The Cemetery Operator is not responsible for the cleaning of any monuments
and/or markers.
11.8
11.9 All foundations for Monuments and Markers shall be built by or contracted to
be built for, the Cemetery Operator at the expense of the Interment Rights
Holder.
11.10 Should any Monument or Marker present a risk to public safety because it
has become unstable, the Cemetery Operator shall do whatever it deems
necessary by way of repairing, resetting, or laying down the Monument or
Marker or any other remedy so as to remove the risk.
11.11 The Cemetery Operator reserves the right to remove at its sole discretion any
Marker, Monument, or inscription which is not in keeping with the dignity and
decorum of the Cemetery as determined by the Cemetery Operator.
11.12 No niche/cremation monuments are permitted on a bu rial lot.
11.13 No memorial benches are permitted.
11.14 No corner stones are permitted to be installed after the effective date of
passing of this by-law.
11.15 All Monuments shall be mounted only on a stone or concrete base or footing
and the base or footing shall be constructed by the Cemetery Operator and
set flush with the level of the adjoining ground.
11.16 A Monument or other structure shall be erected only after the specific design
plans have been approved by the Cemetery Operator including dimensions,
material of structure, construction details, and proposed location.
11.17 The minimum thickness for flat markers, including footstones, is 4 inches or
10 cm.
11.18 Only one Monument shall be erected within the designated space on any Lot.
11.19 Notwithstanding subsection 11.18, additional markers may be permitted, at
the discretion of the Cemetery Operator.
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11.20 Every Monument shall be made of bronze, natural stone (granite or marble or
other durable stone used for that purpose ) with no vertical joint and no
ornament of stone, metal or other material attached thereto.
11.21 No Monument shall be delivered to the Cemetery for installation until the
Monument foundation has been completed, and the Interment Rights
Holder(s) and/or Monument supplier have been notified by the Cemetery
Operator.
11.22 Every Marker for a single Grave shall be of a size as nearly as practicable, of
18” X 24” (45.7 cm X 61 cm) width, with a thickness of from 3” to 8” (7.6 cm to
20.3 cm).
11.23 No Monument shall exceed 48” (122 cm) in height, including base or footing,
above the level of the adjoining ground, and when located on a Lot shall not
exceed 10% of the Lot area. When located on a Plot, the base shall not
exceed 14” X 38” (35.5cm x 96.5 cm).
12. Care and Planting
12.1 The interest generated from the Care and Maintenance Fund shall be used to
maintain, secure and preserve the Cemetery grounds, including:
a) re-leveling and seeding of Lots;
b) maintenance of cemetery roads, sewers, and water systems;
c) maintenance of perimeter walls and fences;
d) maintenance of cemetery landscaping;
e) maintenance of mausoleum and columbarium; and
f) repairs and general upkeep of cemetery maintenance buildings and
equipment.
12.2 No person, other than the Cemetery Operator, shall remove any sod or in any
other way change the surface of the Cemetery.
12.3 No person shall plant flower beds or live plants that exceed 12”.
12.4 No person shall install plant/garden borders of any kind.
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13. Decorations
13.1 The Cemetery Operator reserves the right to regulate the articles placed or
hung, on Lots, Plots, columbariums, or niches that: pose a threat to the safety
of all Interment Rights Holders, visitors to the Cemetery, and Cemetery
employees; prevents the Cemetery Operator from performing general
cemetery operations; or are not in keeping with the respect and dignity of the
Cemetery. Items will be removed and disposed of without notification.
13.2 Notwithstanding subsection 13.1, no articles will be allowed in new areas,
specifically:
In sections DD and any new sections in the Bowmanville Cemetery;
In Sections A, D, and G in the Orono Cemetery; and
Columbariums constructed after the passing of this by-law.
13.3 Columbarium decorations should free standing and be no more than 4” in any
direction from the opening of the holder.
13.4 The Cemetery Operator reserves the right to disallow or remove quantities of
memorial wreaths or flowers considered to be excessive and that diminish the
otherwise tidy appearance of the Cemetery.
13.5 Memorial wreaths may be placed in the Cemetery between the last day of
October and the first day of April. In order to prepare the grounds for spring,
wreaths must be removed prior to the first day of April. Wreaths not removed
by the first day of April will be removed and disposed of by the Cemetery
Operator without notification.
13.6 The following are permitted at the front of a Grave, not more than 12”
(30.5 cm) from the Marker or Monument:
a) unbreakable flowerpots; and
b) planted flowers
13.7 Floral stands are to be of a single leg support type and may not exceed 48”
(122 cm) with no more than two stands per Monument. The arms of the
stand must not project more than 12” (30.5cm) from the Marker or Monument.
Stands not in compliance will be removed by the Cemetery Operator.
13.8 Pot hangers/holders/stands are prohibited.
13.9 Notwithstanding subsection 13.8, pot hangers/holders/stands are allowed in
St. Georges Cemetery, Hampton Cemetery, Bond Head Cemetery,
Bowmanville Cemetery lots A-CC and the Orono Cemetery lots excluding A,
D, and G.
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13.10 Flowers placed on a Grave for a funeral shall be removed by the Cemetery
Operator after a reasonable time to protect the sod and maintain the tidy
appearance of the Cemetery.
13.11 Planted items must be in alignment with, and in close proximity to, the
Marker. Flowering plants must be grown only in front of the Marker and shall
not extend more than 12” (30.5 cm) from the Marker. Maintenance involves
pruning to limit height of trees to 48” (122 cm), and laterally t o within the
boundaries of the Interment Rights Holder’s Lot. Flowering plants must be
weeded and watered. The plants may be removed and discarded at the
discretion of the Cemetery Operator.
13.12 Lettered boards, signs, items made of glass, porcelains and clay items, in
whole or in part, crockery items or wind chimes are prohibited.
14. Contractor/Monument Dealer
14.1 Any contract work to be performed within the Cemetery requires the written
pre‐approval of the Interment Rights Holder and the Cemetery Operator
before the commencement of the work. Work requiring pre‐approval includes
landscaping, delivery of Monuments and Markers, inscriptions, designs,
drawings, plans and detailed specifications relating to the work, proof of all
applicable government approvals and permits, and the location of the work to
be performed.
14.2 All contractors shall report to the Cemetery Operator and provide the
necessary approvals before commencing work at any location in the
Cemetery.
14.3 Prior to the start of any said work, contractors must provide proof of :
a) WSIB coverage;
b) Occupational Health and Safety compliance standards;
c) Environmental Protection;
d) WHMIS; and
e) evidence of liability insurance of not less than $2 million.
14.4 All contractors and all work carried out by contractors within the Cemetery
shall comply with the requirements of this By-law.
14.5 No contractor, monument dealer or supplier shall enter the Cemetery outside
of the Interment Hours unless approval has been granted by the Cemetery
Operator.
14.6 No work shall be performed at the Cemetery except during the regular
Interment Hours.
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14.7 Contractors shall temporarily cease all operations if they are working within
100 metres of a funeral until the conclusion of the service. The Cemetery
Operator, at their sole discretion, reserves the right to temporarily cease
contractor operations, if the noise of the work being performed by the
contractor is deemed to be a disturbance to any funeral or public gathering
within the Cemetery.
14.8 Contractors, monument dealers and suppliers shall lay wooden planks on the
Lots and paths over which heavy materials are to be moved in order to
protect the surface from damage.
15. Columbarium
15.1 Only the Cemetery Operator may open and seal Niches for Interments. This
applies to the inside sealer and the Niche front.
15.2 To ensure quality control, desired uniformity, and standard of workmanship,
the Cemetery Operator reserves the right to inscribe all Niche fronts or install
all lettering, vases, adornments, or any other approved attachment.
15.3 No person, other than the Cemetery Operator, shall remove or alter niche
fronts.
16. By-Law Amendments
16.1 The Cemetery shall be governed by this By-law, and all procedures will
comply with the Act and Ontario Regulation 30/11, which may be amended
periodically.
All By‐law amendments must be:
a) published once in a newspaper with general circulatio n in the locality in
which the Cemetery is located;
b) conspicuously posted on a sign at the entrance of the Cemetery;
c) delivered to each supplier of markers who has delivered a marker to
one of the Clarington cemeteries during the previous year, if the by‐law
or by‐law amendment pertains to Markers or their installation; and
d) posted on the municipal website.
16.2 All by‐laws and by‐law amendments are subject to the approval of the
Registrar.
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17. General
17.1 By-laws 2012-061, 2013-006, 2013-065, 2015-037, 2016-002, 2016-072,
2019-045, 2020-044, and 2022-035 are hereby repealed.
17.2 In the event that any provisions of this By-law are deemed to be invalid or
void, in whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
17.3 This By-law shall be effective the date that it is approved by the Registrar.
Passed in Open Council this ______ day of ______, 2022
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
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Cemetery By-law 2022-xxx
Page 19 of 20
Schedule A
List of Cemeteries Operated by the Municipality of Clarington
Active Cemeteries:
Bowmanville Cemetery, located at 1330 Haines Street, Bowmanville;
Bond Head Cemetery, located at 44 Queen Victoria Street , Newcastle;
St. George’s Cemetery, located at 2 Browview Road, Bowmanville;
Hampton Union Cemetery, located at 5810 Old Scugog Road, Hampton;
Orono Cemetery, located at Lot 28, Mill Lane, Orono.;
Inactive Cemeteries:
Abandoned Cemeteries in the Former Township of Clarke
Cemetery Name Location
Billings Cemetery Lot 25, Concession 9
Brown Family Lot 21, Concession 2
Christian Church Lot 28, Concession 5
Coulter Farm (Banstra) Lot 25, Concession 2
Gifford Family Lot 15, Concession 2
Gilmer Family Plot Lot 2, Concession 4
Graham Property Lot 32, Concession 2
Lawrence’s Back Church Lot 34, Concession 7
Lawrence’s Lot 21, Concession 5
McLean or Elliott Lot 9, Concession 8
McNeil Property Lot 15, Concession 3
McNeile & Neely Lot 32, Concession 7
Nay & Staples Lot 31, Concession 8
Newtonville Presbyterian Lot 8, Concession 2
Smith Family Lot 3, Concession 4
Stutt Farm Lot 19, Concession 4
White Church Cemetery Lot 13, Concession 4
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Page 20 of 20
Abandoned Cemeteries in the Former Township of Darlington
Cemetery Name Location
Abandoned Cemetery Lots 28 & 29, Concession BF
Advent Lot 26, Concession 5
Bible Christian Cemetery Lot 19, Concession 6
Burk Lot 24, Concession BF
Enniskillen Presbyterian NW Corner, Lot 18, Concession 7
Hampton South Lot 18, Concession 5
Long Sault SE Corner, Lot 5, Concession 9
Mount Vernon Episcopal Lot 28, Concession 6
Old Methodist Lot 27, Concession 9
Providence Lot 3, Concession 3
Rehobeth Lot 5, Concession 2
Salem North End, Bowmanville Golf & Country Club
Trinity Anglican Lot 17, Concession 8
Trulls Lot 32, Concession 1
Tyrone Lot 9, Concession 7
Page 90
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: LGS-020-22
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Municipal Ombudsman Services
Recommendations:
1. That Report LGS-020-22, and any related delegations or communication items, be
received;
2. That the By-law attached, as Attachment 1, a by-law to repeal By-law 2016-077,
appointing ADR Chambers as the Municipal Ombudsman for the Municipality of
Clarington, be approved;
3. That the Ombudsman services with ADR Chambers be terminated;
4. That the Municipality of Clarington utilize the services of the Provincial Ombudsman;
5. That Staff be directed to update Clarington’s website with the contact information for
the Ontario Ombudsman, if the formal complaint process has been exhausted in
accordance with Policy F13, the Public Complaint Handling Policy; and
6. That all interested parties listed in Report LGS-020-22, and any delegations, be
advised of Council's decision.
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Municipality of Clarington Page 2
Report LGS-020-22
Report Overview
In September 2016 Council approved the appointment of ADR Chambers Inc. as the
Ombudsman for the Municipality of Clarington, which followed the same appointment by the
Region of Durham. With the term ending, Regional Council has appointed the Ontario
Ombudsman as the Regional Ombudsman. This report provides information so that Council
can decide on the next Ombudsman for Clarington.
1. Background
Authority to Appoint Municipal Ombudsman
1.1 Subsection 223.13 of the Municipal Act, 2001, as amended, grants the authority to
municipalities to appoint an Ombudsman who would “report to council and whose
function is to investigate in an independent manner any decision or recommendation
made or act done or omitted in the course of the administration of the municipality, its
local boards, and such municipally–controlled corporations as the municipality may
specify and affecting any person or body of persons in his/her or its personal capacity.”
Current Appointment
1.2 In 2016, the Region of Durham invited the eight Durham area municipalities to a
meeting to discuss the content of their draft Request for Proposal (RFP) for
Ombudsman Services and subsequently interviewed, evaluated, scored the RFP
submissions, and recommended the appointment of ADR Chambers Inc. to provide
municipal ombudsman services be accepted.
1.3 The local municipalities were allowed to join in on the retainer agreement. Accordingly,
in September 2016, Council considered Report CLD-029-16 and appointed ADR
Chambers as Clarington’s Ombudsman, by By-law 2016-077, which details the services
provided.
Complaint Process and Reporting Relationship
1.4 In January, 2017, Clarington established the Administrative Policy F13 to ensure a
consistent, fair and transparent manner to deal with complaint issues and establish a
formal complaint policy. If, after exhausting all complaint review processes, as
established by this Policy, the complainant believes that the review of their complaint
undertaken was inadequate, the complainant may refer the complaint to the Municipal
Ombudsman for further investigation.
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Report LGS-020-22
1.5 Complaints received by the Ombudsman may be investigated by the Ombudsman ,
provided:
it is within their mandate,
all internal complaint processes have been exhausted,
it is in writing (on the Ombudsman’s complaint Submission Form); and
it is signed by the complainant, along with a signed Consent and Confidentiality
Agreement.
1.6 The Ombudsman will undertake the necessary investigation concerning the complaint
and may contact any person deemed necessary to do so. The Ombudsman will either
notify the Municipality of their decision not to undertake an investigation and the
reasons why, or where an investigation is undertaken, shall issue a report to the
municipality detailing their conclusion and any recommendations. There are limited
situations in which the Ombudsman will not investigate a complaint and they are
detailed in the Terms of Reference.
1.7 The Ombudsman is directly responsible to Council and the administrative c ontact for the
Ombudsman is the Municipal Clerk.
2. Durham Region’s Review
2.1 In Report #2022-A-20, Durham Region Staff proposed the following recommendation
which was approved by Durham Region Council on June 29, 2022:
A) That By-law 32-2016 appointing an Ombudsman for The Regional Municipality
of Durham, be repealed, effective November 14, 2022; and
B) That the Region utilize the services of the Provincial Ombudsman once the
current contract for Ombudsman Services has expired as of November 14, 2022.
2.2 With the Region of Durham terminating their agreement with ADR Chambers, and with
Clarington “piggy-backing” on the Region’s agreement, Clarington needs to consider
whether to follow suit with the Region and to leave the Ontario Ombudsman as the
default or establish an agreement with another Ombudsman.
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Municipality of Clarington Page 4
Report LGS-020-22
3. Financial Implications
3.1 If Council chooses to continue with ADR Chambers the following annual fees, plus the
Retainer Fee that the Region was picking up would become the responsibility of
Clarington. Council may choose to direct Staff to engage a different Ombudsman. If
Council approves the Staff recommendation of the Ontario Ombudsman, these
historical fees can be disregarded.
3.2 In 2016, the Region of Durham agreed that the $12,000 retainer fee will be paid by the
Region for the term of this initial contract (i.e. until December 31, 2022). The retainer fee
included the initial intake of a complaint, the processing of it, communicating with a
complainant to verify the complaint, and any letters to the complainant to dismiss the
complaint and close the file. As well, the retainer fee covered any reports and
recommendations made to the Municipality and an annual Ombudsman report to
Council.
3.3 Any work above the work included in the retainer fee is at an hourly investigation rate of
$250.00, (plus applicable taxes), which the individual municipalities are responsible for.
3.4 The volume of calls/complaints cannot be predicted. However, the following is a
summary of complaints received and yearly costs, with total costs in excess of $25,000:
Year # of
Ombudsman
Contacts1
# of Ombudsman
Complaints1
Yearly $ Amount
Paid to ADR
Chambers
Link to Yearly
Ombudsman
Report
2016 0 2 N/A Included in 2017
2017 2 1 $ 4,859 Page 37 of March
5, 2018 Agenda
2018 N/A2 32 0 N/A2
2019 3 2 9,068 Item 9.1 of April
14, 2020 Agenda
2020 0 2 Carried Over from
previous years
12,048 Item 9.1 of March
22, 2021 Agenda
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Municipality of Clarington Page 5
Report LGS-020-22
Year # of
Ombudsman
Contacts1
# of Ombudsman
Complaints1
Yearly $ Amount
Paid to ADR
Chambers
Link to Yearly
Ombudsman
Report
2021 3 0 0 Item 10.1 of May
2, 2022 Agenda
20223 Not
published
1 $ 0 as of November
17, but invoices are
expected.
Not available yet
1NOTE: “Contacts” are instances when complainants contact ADR Chambers Ombuds
Office, either by phone or through correspondence, expressing a possible interest in
filing a Complaint and seeking information regarding the process. “Complaints” are not
opened until a Complaint Submission Form is submitted.
2NOTE: There was no 2018 Annual Report presented to Council, however our records
show that three investigations were opened in 2018.
3NOTE: 2022 is as of November 17, 2022 and may not include all complaints.
4. Proposal
4.1 As of January 1, 2016, if a municipality does not appoint a Municipal Ombudsman, the
Ontario Ombudsman is the Municipal Ombudsman.
4.2 The Ontario Ombudsman’s Office oversees and investigates more than 1,000 provincial
government and broader public sector bodies, such as provincial ministries, Crown
corporations, tribunals, agencies, boards and commissions, and municipalities,
universities, and school boards. The Ontario Ombudsman has created dedicated units
of specialized staff to answer questions, address concerns, conduct investigations, and
review complaints.
4.3 The Ontario Ombudsman’s Office currently oversees many Ontario municipalities but
still has the capacity and expertise to provide services to the Region and other
municipalities, and there is no cost to utilize their services. It is important to note that
the Ontario Ombudsman cannot overturn decisions of elected officials or direct them on
public policy; or replace or redo the work of local integrity commissioners.
4.4 The Ontario Ombudsman’s annual reports are available online.
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Municipality of Clarington Page 6
Report LGS-020-22
4.5 Staff are recommending that the Municipality utilize the services of the Ontario
Ombudsman.
5. Concurrence
Not applicable.
6. Conclusion
It is respectfully recommended that Council appoint the Ontario Ombudsman as the
Ombudsman for the Municipality of Clarington.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2012 or
jgallagher@clarington.net.
Attachments:
Attachment 1 - Repealing By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
Ontario Ombudsman
Alexander Harras, Regional Clerk, Regional Municipality of Clarington
ADR Chambers
Page 96
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 2022-XXX
Being a by-law to repeal By-law 2016-077, to authorize the appointment of ADR
Chambers and Arbitrators as the Ombudsman for the Municipality of Clarington
(Municipal Ombudsman).
Whereas Council passed By-law 2016-077 to appoint an Municipal Ombudsman by
agreement;
And whereas there has been a subsequent extension of the agreement;
And whereas Council approves the recommendations of Report LGS-020-22, and
wishes to utilize the services of the Provincial Ombudsman as Clarington’s Municipal
Ombudsman;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That By-law 2016-077 is hereby repealed.
2. That this by-law come into effect on January 1, 2023.
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 97
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: FSD-036-22
Submitted By: Trevor Pinn, Deputy CAO/Treasurer
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: 2023 Interim Tax Levy
Recommendations:
1. That Report FSD-036-22 and any related delegations or communication items, be
received;
2. That the By-law attached to Report FSD-036-22, as attachment 1, be approved;
3. That Staff prepare the final tax by-law combining the commercial and residential due
dates in June and September 2023 and provide notification to taxpayers of the
change; and
4. That all interested parties listed in Report FSD-036-22 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report FSD-036-22
Report Overview
The Municipality of Clarington annually levies an interim tax prior to the approval of the final
tax rates to ensure it can meet its financial obligations until the final tax levies are processed.
1. Background
1.1 The Municipal Act, 2001 authorizes a municipality, prior to the adoption of the estimates
for the year, to pass a by-law levying amounts on the assessment of property in the
local municipality for local municipal purposes.
1.2 Historically, the Municipality has passed an interim tax levy in December of the
preceding year to ensure that tax bills are processed in January of the taxation year.
Section 317(2) allows the by-law to be passed in November or December of the
preceding year (2022) provided the by-law does not come into force until a specified
date in the following year (2023).
1.3 Interim tax bills are divided into two installments: February 16, 2023, and April 20, 2023.
1.4 If Council did not pass the interim tax levy, taxes could not be collected until the final tax
bills were processed in the spring. This delay could result in a cash flow issue for the
Municipality and taxpayers having to pay their taxes in two instalments rather than the
current four (or more if they use pre-authorized payments).
2. Proposed Changes for 2023 Final Tax Bills
Commercial Tax Bills
2.1 For 2023, a proposed change to our current process is to realign the instalment dates
for the final commercial tax bills to be the same as the residential tax bills. The
instalment dates on the final commercial tax bills would change from August and
September to June and September.
2.2 As of 2021, the Region of Durham permanently exited the capping program. Capping
adjustment information was received from OPTA (Ontario Property Tax Analysis), which
delayed final tax bills for commercial properties. Exiting the program allows residential
and commercial tax bills to be issued together.
2.3 Combining the instalment dates would create administrative efficiencies such as
allowing the newspaper advertisement in June and September to include all properties,
outstanding notices to be sent earlier, and reduce the number of cheques to be
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Municipality of Clarington Page 3
Report FSD-036-22
processed for residents that have both residential and commercial assessment.
Additional financial savings are outlined below.
3. Financial Considerations
3.1 An interim tax levy provides cash flow to the Municipality in the first half of the year until
the final taxes can be levied in June and September. This change reduces the risk of
using interim borrowing, which would incur interest costs.
3.2 Interim tax levies also allow taxpayers to spread the annual tax bill over four payments
throughout the year rather than all of the taxes being due in the latter part of the year.
The payments could be further spread over twelve months if the taxpayer signs up for
pre-authorized payments, which provides a constant flow of cash for the Municipality to
meet its financial obligations during the year.
3.3 By changing the final tax due dates to make all taxpayer due dates the same, there is
administrative efficiencies from reduced postage (properties with split usage receive one
bill and have one set of due dates) and improves Municipal cash flow by moving the
commercial due date to June rather than August.
3.4 Commercial taxpayers would have two payments spread apart rather than tax payments
due in back-to-back months. Commercial taxpayers can also take advantage of pre-
authorized payment plans to spread payments over twelve months.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Council approve the 2023 Interim Tax By-law to
ensure that interim tax bills are processed consistent with past timelines and to ensure
that tax revenues can be collected throughout the whole 2023 taxation year.
Staff Contact: Jessica James, CMRP(A), Taxation Services Manager, 905-623-3379 ext. 2609
or jjames@clarington.net.
Attachments:
Attachment 1 – Draft by-law to levy interim taxes for 2023
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 100
Attachment 1 to Report FSD-036-22
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 2022-XXX
Being a by-law to authorize an Interim Tax Levy for 2023.
Whereas the Council for the Municipality of Clarington deems it necessary to pass a by-
law to levy an Interim Rate for 2023 on the whole of the assessment for each property
class in the local municipality as provided for in Section 317 of the Municipal Act, 2001
as amended;
And whereas Section 317 (2) of the Municipal Act, 2001 as amended, allows a by-law to
levy interim taxes to be passed in November or December of the previous year if it
provides that it does not come into force until a specified day in the following year.
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That the Council of the Corporation of the Municipality of Clarington is hereby
authorized to levy in 2023 on the whole of all taxable assessment on the property
according to the last revised assessment roll, a sum not to exceed that which
would be produced by applying the prescribed percentage (or 50 per cent if no
percentage is otherwise prescribed) of the total amounts billed to each property
for all purposes in the previous year on the properties that, in the current year,
are in the property class as provided for in Section 317 of the Municipal Act, 2001
as amended.
2. That for the purposes of calculating the total taxes for the previous year under
paragraph 1, if any taxes were levied for only part of the previous year because
assessment was added to the roll during the year, an amount shall be added
equal to the additional taxes that would have been levied if the taxes had been
levied for the entire year.
3. That the interim tax levy rates shall also apply to any property added to the
assessment roll after this by-law is enacted.
4. That all taxes levied under the authority of this By-law shall be payable in
Canadian funds and shall be divided into two equal instalments, the first of said
instalments to become due and payable on or before the 16th day of February
2023 and the second of said instalments to become due and payable on or
before the 20th day of April 2023 and shall be paid to the Treasurer of the
Corporation of the Municipality of Clarington. Upon payment of any applicable
fee, and if paid on or before the due date imprinted on the bill, taxes may also be
paid at most chartered banks in the Province of Ontario.
5. That as Section 342(b) of the Municipal Act, 2001, as amended provides for
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Attachment 1 to Report FSD-036-22
alternative instalments and due dates in the year for which the taxes are imposed
other than those established under clause (4) to allow taxpayers to spread the
payment of taxes more evenly over the year. A taxpayer may pay taxes on a 12-
month pre-authorized payment plan payable on the first day of each month from
December to November. In the event of the default of payment on the pre -
authorized payment plan, enrolment in the plan shall be terminated and the
interim tax shall be due and payable on the instalment dates as set out in Section
4 of this by-law.
6. That as provided in Section 345 (2) of the Municipal Act, 2001, as ame nded if the
taxes or any instalment levied in accordance with this by-law remain unpaid on
the first day of the month following the instalment due dates set out in Section 4
of this by-law, a penalty of one and one quarter per cent (1.25%) will be imposed
on the amount for taxes due and unpaid.
7. That as provided in Section 345(3) of the Municipal Act, 2001 as amended any
taxes levied pursuant to this by-law that are due and unpaid, interest at the rate
of one and one quarter per cent (1.25%) per month (15% per annum) of the
unpaid taxes shall be levied on the first day of each calendar month fo r so long
as the taxes remain unpaid.
8. That this by-law shall be effective on January 1, 2023.
Passed in Open Council this XX day of December, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 28, 2022 Report Number: FSD-037-22
Submitted By: Trevor Pinn, Deputy CAO/Treasurer
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Community Living Oshawa Clarington Lease Extension 2444 Baseline
Road
Recommendations:
1. That Report FSD-037-22 and any related delegations or communication items, be
received;
2. That the Lease extension for the Community Living Oshawa Clarington for 2444
Baseline Road, Bowmanville in the amount of $5,379.98 (excluding HST) per year
for the term April 1, 2022 to March 31, 2027 and subject to the terms and conditions
of the lease agreement be approved;
3. That the Mayor and Municipal Clerk be authorized to execute the lease agreement
with the Community Living Oshawa Clarington and
4. That all interested parties listed in Report FSD-037-22 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report FSD-037-22
Report Overview
To request approval to extend the existing lease agreement with Community Living
Oshawa/Clarington for an additional 5 years.
1. Background
1.1 In keeping with the terms of the lease agreement, the Community Living
Oshawa/Clarington has expressed an interest and agreed to an extension of the current
lease agreement for an additional 5 years commencing April 1, 2022 to March 31, 2027.
A nominal 6.1% increase over the current rent of $5,070.67 (excluding HST) is being
recommended, thereby increasing the annual rent to $5,379.98 (excluding HST).
Resolution #GG-056-15 granting approval to enter into the 2017-2022 lease agreement
with Community Living Oshawa/Clarington can be found at the following link.
1.2 The recommendation for the extension of an additional 5 years is stipula ted in the
existing agreement which states:
If the Tenant is not in default under this Lease, the Tenant shall have the right to extend
the Term for a period of 5 years on the same terms and conditions as set out in this
Lease pending a satisfactory performance evaluation and Municipal Council approval.
1.3 The abovementioned increase is based on the Consumer Price Index, All Items, Ontario
at the time of the lease expiration.
2. Analysis
2.1 The Community Living Oshawa/Clarington has performed satisfactorily and cont inues to
assist the Clarington communities by supporting the achievement of personal outcomes
for people with developmental disabilities.
3. Financial Considerations
3.1 Extension of the lease provides a non-tax revenue source to the Municipality for the
next five years.
4. Concurrence
This report has been reviewed by the Director of Community Services who concurs with
the recommendations.
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Municipality of Clarington Page 3
Report FSD-037-22
5. Conclusion
It is respectfully recommended that the lease agreement with the Community Living
Oshawa/Clarington be extended.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 x2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 – Confidential Attachment 1: 2017-2022 Lease Agreement
Interested Parties:
List of Interested Parties available from Department.
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