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HomeMy WebLinkAbout03-20-2023 General Government Committee Agenda Date:March 20, 2023 Time:9:30 a.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario 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) 6.Reports/Correspondence Related to Presentations/Delegations 7.Communications 8.Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works 8.1.1 PWD-003-23 Three-way Stop at Granville Drive and William Ingles Drive 4 8.2 Community Services 8.2.1 CSD-001-23 Lakeridge Health Public Access Defibrillator Program Agreement Renewal 8 8.3 Legislative Services 8.3.1 LGS-012-23 Fireworks By-law Review 22 8.3.2 LGS-013-23 Appointment to the Newcastle Arena Board, Newcastle Business Improvement Area, and Tyrone Hall Board 28 General Government Committee March 20, 2023 Page 2 8.4 Financial Services 8.4.1 FSD-009-23 Development Charges Reserve Funds – Transfers and Amalgamations 33 8.4.2 FSD-010-23 2022 Annual Commodity Hedging 38 8.4.3 FSD-011-23 Shaw House Accessibility Upgrades 43 8.5 CAO Office 8.5.1 CAO-009-23 Recommended Inclusion, Diversity, Equity, Anti- Racism and Accessibility Updates 47 9.Unfinished Business 10.Questions to Department Heads/Request for Staff Report(s) 11.Confidential Items 11.1 Confidential Presentation by Jim Macpherson, Board Chair and Ron Chatterton, Vice Chair and Committee Chair, Elexicon Group, Regarding Elexicon Corp Strategic Update 12.Adjournment General Government Committee March 20, 2023 Page 3 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: March 20, 2023 Report Number: PWD-003-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Three-way Stop at Granville Drive and William Ingles Drive Recommendations: 1. That Report PWD-003-23 and any related delegations or communication items, be received; 2. That Council support the findings of this report by not approving the installation of an all-way stop at Granville Drive and William Ingles Drive; and 3. That all interested parties listed in Report PWD-003-23 and any delegations be advised of Council’s decision. Page 4 Municipality of Clarington Page 2 Report PWD-003-23 Report Overview At the November 23-24, 2020, Council Meeting, Resolution #C-463-20, as amended, was approved that directed staff to report back regarding the consideration for a three -way STOP (All-Way STOP) at the intersection of Granville Drive and William Ingles Drive in Courtice. The resolution was borne out of the delegation of Mr. Dave Bass citing concern regarding vehicle speeds and requesting that the intersection be made into an All-Way STOP controlled intersection and that Granville Drive have a speed reduction to 40km/h. Consequently, at a meeting held on July 5, 2021, Council approved Resolution #GG-426-21, reducing the posted speed on Granville Drive to 40 km/h. This report is a follow up on the requested All-Way STOP control, which comes delayed due to COVID-19 and related on- going changes in traffic patterns in the area. 1. Background 1.1 The delegation of Mr. Dave Bass received by Council in 2020 cited vehicle speeds on Granville Drive as a concern and the main reason for the request for All-Way STOP control at this intersection. In order to install such traffic control devices Provincial guidelines must be followed. These Provincial guidelines specifically prohibit the use of an All-Way STOP as a speed control device and dictate minimum traffic volume and traffic volume split criteria for an All-Way STOP. Adhering to these guidelines is critical in having an All-Way STOP operate safely and in meeting the expectations of all road users without compromising safety. All-Way STOP controls are intended to be used to assign the right of way at intersections, not as a speed control device. Inappropriate or unwarranted implementation and use this level of control can lead to drivers disobeying the STOP putting pedestrians and other motorists at risk, drivers speeding up to make up lost time, etc. 1.2 Granville Drive is a 2-lane urban local class roadway aligned north-south that experiences an annual average daily traffic (AADT) volume of approximately 1,200 vehicles. William Ingles Drive is a 2-lane urban local class roadway aligned east-west that experiences an AADT volume of approximately 200 vehicles. Both roadways were constructed in 2012 as part of the local subdivision. William Ingles Drive currently comes to a STOP condition at Granville Drive. 1.3 The Council approved Southeast Courtice Secondary Plan will see the future extension of Meadowglade Drive to Trulls Road. The plan will also see Granville Drive extended southwards to the future Townline Road extension. As Meadowglade Drive is a Type ‘C’ arterial road per the Clarington Official Plan, it will have priority through movements with the expectation that Granville Drive will be subjected to a north/south STOP control. It is anticipated that vehicles currently utilizing Granville Drive to access Trulls Road via Yorkville Drive or Sandringham Drive will be redirected along the future Meadowglade Page 5 Municipality of Clarington Page 3 Report PWD-003-23 Road extension as a direct access point thereby reducing vehicle volumes on Granville Drive. 2. All-Way STOP Analysis and Supporting Information 2.1 Based on the 2020 Council resolution, staff undertook the collection of traffic data and completed the analysis of the intersection by utilizing the province-wide All-Way STOP warrant. Unfortunately, due to the start of the global COVID-19 pandemic in early 2020, all studies were put on pause until later dates. The subsequently obtained turning movement counts yielded very low results when applied to the warrant:  The total intersection volume was at 55% of the required levels;  The minor street entering volume, which includes pedestrians crossing Granville Drive, was also very low at 20% of the required volume ;  The split of traffic between Granville Dr and William Ingles Drive was at 9% for the minor street, where the minimum required level is 25%. Based solely on traffic volumes, the All-Way STOP warrant is not satisfied. 2.2 In addition, as noted in paragraph 1.3, the implementation of an additional STOP control, such as the one requested at William Ingles Drive, within very close proximity to a priority STOP control (approximately 100m) may lead to driver impatience and disregard for the secondary STOP control at William Ingles Drive, especially if intersecting volumes are low or not present. This has the potential to elicit problematic roll through movement behaviour or cause motorists to generally disregard the traffic control device as there is nothing to prompt a driver to come to a stop, assess approaching traffic, and yield the right of way. This has been seen to occur and be problematic elsewhere within the Municipality and DRPS has noted the problem also exists Region-wide. 2.3 Staff continued to monitor the location for speeds and traffic volumes on Granville Drive and found both to be consistently low. The speeds collected since 2020 correspond to the surrounding roadside environment and roadway design parameters and are in the following ranges:  Average speeds o 38 km/h in December 2020 o 36 km/h in April 2021 o 42 km/h in March 2023 (after reduction of speed limit to 40 km/h)  85th percentile speeds o 46 km/h in December 2020 Page 6 Municipality of Clarington Page 4 Report PWD-003-23 o 44 km/h in April 2021 o 49 km/h in March 2023 (after reduction of speed limit to 40 km/h)  Daily Average Traffic volumes on Granville Drive o 1044 in December 2020 o 1042 in April 2021 o 1028 in March 2023 (after reduction of speed limit to 40 km/h) 2.4 The above results are significantly below the required thresholds to support an All-Way STOP installation. They are also below the levels which could justify any alternate engineering considerations. 3. Financial Considerations Not Applicable. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the intersection of Granville Drive and William Ingles Drive remain in its current configuration. Any unwarranted traffic control modifications may create false perceptions of safety for vehicles and pedestrians alike. Staff will continue to review local traffic patterns and monitor for changes. Future development in the area will also be closely monitored. Staff Contact: Slav Potrykus, Traffic Supervisor, 905-623-3379, extension 2315 or spotrykus@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 7 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: March 20, 2023 Report Number: CSD-001-23 Submitted By: George Acorn, Director of Community Services Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Lakeridge Health Public Access Defibrillator Program Agreement Renewal Recommendations: 1. That Report CSD-001-23 be received; 2. That Council authorize the Director of Community Services to sign the agreement provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health (Attachment #1), for the period April 1, 2023, to March 31, 2026 ; and 3. That the CAO be authorized to approve subsequent renewals of agreements with Lakeridge Health that pertain to the subject matter of Report CSD-001-23. Page 8 Municipality of Clarington Page 2 Report CSD-001-23 Report Overview This report seeks Council approval on a new three-year agreement with Lakeridge Health for the Cardiac Safe Community Public Access Defibrillator Program in all municipal buildings. The proposed agreement would also see the Municipality incorporating the library locations, creating one operating agreement and streamlining the process. 1. Background 1.1 The Municipality has been involved with the Cardiac Safe Community Public Access Defibrillator Program, coordinated by the Central East Prehospital Care Program (CEPCP) since 2005. The program began with the installation of our first automatic external defibrillator (AED) unit at Courtice Community Complex that year. 1.2 As recommended in the 2020 Organizational Structure Review, responsibility for hall boards and other non-municipally operated buildings transferred from Operations to Community Services, including the administration of this program at all buildings, excluding libraries. In 2021, operating budget changes 1.3 The current agreement is scheduled to expire on March 31, 2023. 2. Program Details 2.1 By continuing to work with CEPCP under this agreement it is ensured that the Municipality and the Public Access Defibrillator (PAD) responders are working under the oversight of the CEPCP of Lakeridge Health when providing defibrillation to a victim of sudden cardiac arrest. 2.2 The agreement includes medical oversight, annual certification training, biomedical servicing of all AED units, and ongoing staff support of the program. 2.3 With the recent addition of Clarington Public Library units, the proposed agreement totals 33 AED units. Community Services administer the program in all municipal locations listed in the attachment. 2.4 The terms and conditions of the current agreement remain unchanged in the proposed agreement attached. The term of this agreement is three years, effective April 1, 2023, and expiring on March 31, 2026. Page 9 Municipality of Clarington Page 3 Report CSD-001-23 3. Financial Considerations 3.1 The program fees and services proposed in this agreement remain unchanged from the current agreement. All costs associated with this program, excluding libraries, are included in the Community Services approved 2023 bu dget. The costs for administering the program for library facilities have been approved in their 2023 budget and will be invoiced to them by Financial Services. 4. Concurrence This report has been reviewed by the Deputy CAO/Director of Legislative Services wh o concurs with the recommendations. 5. Conclusion It is respectfully recommended that the recommendation in the report be approved. Staff Contact: George Acorn, Director of Community Services, 905-623-3379 ext. 2502 or gacorn@clarignton.net. Attachments: Attachment 1 – Semi Automatic External Defibrillation Agreement Interested Parties: List of Interested Parties available from Department. Page 10 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 1 of 11 Semi Automatic External Defibrillation Agreement For the Cardiac Safe Community Public Access Defibrillation Program for Durham Region BETWEEN Lakeridge Health (“The Hospital”) and The Municipality of Clarington Agreement Page 11 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 2 of 11 Principle Statement This agreement between the above parties will ensure that the The Municipality of Clarington and Public Access Defibrillation (PAD) responders are working under the oversight of the Central East Prehospital Care Program (CEPCP) of Lakeridge Health when providing semi automated external defibrillation (SAED) to a victim of sudden cardiac arrest (SCA). It also provides for the provision of medically current training services in SAED & CPR to those PAD Responders by and under the direction of the CEPCP Medical Advisory Board Physicians. These conjoint efforts are focused on the provision of medically appropriate care for the citizens in our community. THEREFORE in consideration of the mutual covenants contained herein and subject to the terms and conditions hereinafter set forth the parties hereto agree to participate in the Central East Prehospital Care Program Cardiac Safe Community PAD Program in accordance with the terms outlined in the Agreement. I. Program Components and Recommendations (a) The following items will be components of program maintenance: Provision of medical oversight by the Central East Prehospital Care Program (CEPCP) for the Cardiac Safe Community Program for Durham Region. Provision of initial certification training and evaluation for SAED for PAD responders. Provision of recertification evaluation for SAED. Provision of C.P.R. recertification evaluation and training of the PAD responder employees as required. Development and provision of in-house reviews of SAED. Provision of Biomedical Engineering by the Lakeridge Health Biomedical Engineering Program, once per year or after each use, to ensure that the SAEDs are maintained according to the manufacturer's standards, including biomedical direction for the replacement of batteries and pads when mandated by the manufacturer or the Biomedical Department. Method design for the collection of patient care outcome data by the CEPCP to provide the basis for ongoing patient care quality assurance programs. A Site Coordinator’s Meeting will be organized by CEPCP on an annual basis to review the program’s goals, outcomes, and patient care protocols. Additional meetings between The Municipality of Clarington and the CEPCP will be held at the request of either party. Availability of the CEPCP staff and physician to consult on and review issues and procedures as required. Dedication of a designated CEPCP PAD Coordinator as a prime contact for the PAD site. Page 12 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 3 of 11 CEPCP medical and logistical support for the development of Conjoint Public Access Defibrillation Programs in our Community. The CEPCP will provide instructors (Paramedics and Firefighters) to deliver SAED training, using the principles of Adult Learning. The scope of this training will include, but is not limited to the content of the Canadian Heart and Stroke Foundations CPR & SAED recommendations. All curriculum content and instructor training and qualifications will be approved by the Central East Prehospital Care Program Medical Advisory Board Physicians. To identify placement of such SAED throughout the site to ensure time to defibrillation can be achieved in 3-5 minutes or less from time of recognition of cardiac arrest; (b) The following items are recommendations of program maintenance: To recommend the SAED be placed in an Emergency Response Case that will audibly and visually (flashing red light) alert staff that the emergency response case door has been opened. When the SAED is removed from the Emergency Response Case, a call is automatically made to the alarm company who in turn will notify 911 to activate emergency services (Fire Service and Emergency Medical Service). To establish an action plan in the case of an emergency and AED use. To maintain quality assurance by establishing a collaborative environment between the rescuers, CEPCP, Fire Service, and Emergency Medical Services (EMS) Paramedics through training, feed-back, group sharing of knowledge and learning from experience, and to establish a follow-up support system for rescuers post-SAED use (ie. critical incident stress intervention). II. Agreement Criteria for PAD Program It is clearly understood and agreed to by both parties that medical consultation to the PAD Responder for the purpose of SAED is provided under the following conditions: A. Consultation with respect to the Cardiac Safe Community PAD program is provided under the auspices of the CEPCP Medical Advisory Board Physicians. B. Consultation is available when the PAD responder is acting in the best interest of a SCA victim. This may include the utilization of a SAED in another PAD site. Anyone who has been taught PAD under our program can assist citizen responders in the use of a PAD response. The audio and text prompts from the SAED must be followed exactly. C. Non-trained responders who use the SAED in good faith and voluntarily are protected from liability by the Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N (Appendix B) and the Good Samaritan Act, 2001 S.O. 2001, CHAPTER 2 (Appendix C). III. Training Development Academic Goals and Standards A. All training materials and lesson plans in the initial and on-going program development process will be scrutinized by qualified adult educators. “Qualified Adult Educators” for the purpose of this agreement are prehospital care professionals with Page 13 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 4 of 11 practice qualifications of at least the Advanced Care Paramedic Level and with formal certification in adult education from a recognized community college or university. B. All learning objectives and learning outcomes for this program will be approved by a physician who is qualified as a specialist in Emergency Medicine and has experience providing medical direction in the field of out-of-hospital Emergency Care. IV. Agreement Term This Agreement is for a term of three years, effective April 1, 2023, and expiring on March 31st, 2026, or as terminated pursuant to Section VII: Dispute Resolution. V. Program Fees and Services Provided A. Fees: 1. Initial Site setup, including site assessment, signage, initial Biomed visit and PAD awareness session is a one time fee of $600.00. 2. Annual training and certification of providers is at a fee of $750.00 for a class size between 7 – 12 participants. Class duration will be 6 ½ – 7 hours which includes all breaks. Classes must be cancelled no less than 2 business days prior to the scheduled session, otherwise the usual charge applies. 3. Program Support is an annual fee of $1,000.00 for the initial unit at a site. Additional units at the same location require an annual fee of $450.00 per unit. HST is not included in the above fees. Program fees will be subject to review and increase on renewal of this contract. For PAD Responders requiring remedial continuing education from the CEPCP PAD Coordinator or the CEPCP Physician over and above the instruction detailed the CEPCP and the RMDSS will negotiate a fee for that service at that time. B. Invoicing: Training costs will be invoiced on a per course basis. Program and Biomedical Engineering support costs will be invoiced quarterly starting in April of each year. The number of sites to be billed is determined by the site list contained in Appendix A. Sites that become active during the year will be billed when they become a live site. The initial setup fee will apply in full and the support fees will be calculated on a prorated basis, based on the number of whole months the site will be active in that calendar year. C. Services: 1. Emergency Action Plan Development: - site assessment to determine the number of SAED’s required - direct best placement for access to SAED - medical emergency response plan implementation (site specific) Page 14 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 5 of 11 2. CPR Education Review (Canadian Heart & Stroke Foundation Guidelines): - placing 911 call (role of police, fire, and ambulance) - risk factors of heart disease - recognition of heart attack - choking emergencies - patient assessment - one and two person adult CPR 3. Defibrillation Training: - SAED shock & nonshockable protocols - scenarios (based on Emergency Action Plan) - trouble shooting - SAED weekly, monthly, and after use checks - communication/documentation 4. PAD awareness session for Non-targeted Responders - concept of rapid defibrillation/medical direction of defibrillation - medical legal liabilities and issues - questions and concerns 5. Physician/Physician Review and Oversight of: - program design - operational critique for every event 6. Newsletter for Targeted Responder (continuing educational topics for medical emergencies) 7. Quality Assurance and Risk Management: - identify and provide ongoing training for site coordinators - daily, monthly, and after use checks - Emergency Action Plan Audit - Begin development of local on-site coordinators to enhance initial certification process for new employees 8. Six month reviews (site visits) to: - Ensure weekly and monthly checks are being completed - Ensure adequate signage is placed to direct persons to the AED - continue development of local on-site coordinators 9. Office Administration: - maintenance of certification records - updates of protocol changes - clinical co-ordinator dedicated to Targeted Responder Program - Program representative on call 24/7 to respond to any issues/concerns or post- SCA events 10. Critical Incident Stress management services. - demobilization education is provided for the Site co-ordinator and staff that will be called in to talk with PAD responders following a SCA - when Targeted Responder personnel are involved in an event, the Cardiac Safe Community Program will ensure incident debriefings are facilitated Page 15 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 6 of 11 - the Cardiac Safe Community Program is affiliated with and supports the Durham Region Critical Incident Stress Management Team Services 11. Biomedical Engineering Support and Operational Risk Management - check SAED once a year - change SAED battery as required - change SAED pads as required - ensure SAED meets operational needs - certification of machine safety and operation VI. Mutual Indemnification Clause The Hospital agrees to indemnify and save the The Municipality of Clarington harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the hospital, its servants, agents or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the The Municipality of Clarington in defending any legal action pertaining to the above. The The Municipality of Clarington agrees to indemnify and save the Hospital harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the The Municipality of Clarington, its servants, agents, or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the Hospital in defending any legal action pertaining to the above. VII. Dispute Resolution If either party is dissatisfied with the performance of the other party, the dissatisfied party may give written notice of the dissatisfaction to the other party and shall provide the other party with thirty (30) days within which to rectify the matter of dissatisfaction. Where the matter is not corrected to the satisfaction of the party giving notice within the thirty (30) day period, the dissatisfied party may terminate this Agreement by giving the other party ninety (90) days written notice of the party's intention to terminate the Agreement. The ninety (90) day period of notice shall commence five (5) business days after the notice has been mailed to the other party or twenty-four (24) hours following delivery of the notice by hand or by facsimile transmission. Page 16 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 7 of 11 VIII. Review of Agreement The parties mutually agree that this Agreement will be reviewed, prior to the end of its term, by Lakeridge Health and the The Municipality of Clarington. Any such renewal shall be based upon such terms and conditions, including any or all of the provisions of this Agreement, as may be mutually agreed to by the parties. The parties have caused this Agreement to be executed by their authorized representatives. The Municipality of Clarington Print Date Representative Lakeridge Health Print Date Vice President Finance and Information Management Page 17 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 8 of 11 Appendix A to Semi Automatic External Defibrillation Agreement between Lakeridge Health and The Municipality of Clarington April 1, 2023 to March 31, 2026 This appendix maintains a complete list of all sites covered under this Agreement and will be updated when sites become active or are deactivated. Date of current Appendix A: February 6, 2023 The Municipality of Clarington Site Locations Address AED Unit / Type AED Serial # BioMed # 120 Liberty Street South, Bowmanville CR+ 43019129 804486 2226 Golf Course Road, Newcastle CR+ 45529861 805094 26 Beech Ave., Bowmanville, CR+ 41899916 804390 26 Beech Ave., Bowmanville, G3 4397960 803999 26 Beech Ave., Bowmanville, CR+ 45800313 805208 40 Temperance Street, Bowmanville CR+ 41899924 804450 132 Church Street, Bowmanville CR+ 41610234 804391 5360 Old Scugog Road, Hampton CR+ 45530053 805093 2320 Taunton Road, Hampton CR+ 41899917 804451 2503 Con Rd. 8, Haydon CR+ 42149184 804445 6742 Regional Rd 18, Kendal CR+ 41899925 804393 20 King Ave West, Newcastle CR+ 41899915 804392 103 Caroline Street West, Newcastle CR+ 41992471 804478 21 Church Lane, Newtonville, ON CR+ 42098646 804424 2 Princess Street, Orono CR+ 41992459 804850 3585 Taunton Road, Orono CR+ 41671451 804449 5315 Main Street, Orono CR+ 42241140 804474 178 Darlington Clark Townline Road CR+ 41899923 804453 62 Temperance Street, Bowmanville, CR+ 41899922 804452 1964 Concession Rd 6, Hampton CR+ 41227493 804322 1595 Prestonvale Road, Bowmanville G3 4390766 803995 2716 Concession Road 7, Tyrone CR+ 42149185 804454 143 Simpson Ave, Bowmanville CR+ 41671450 804430 49 Liberty Street, Bowmanville G3 4378809 804314 2375 Baseline Road, Bowmanville G3 4369478 803997 2950 Courtice Road, Courtice G3 4369864 803996 2440 Hwy # 2 Bowmanville G3 4389100 803998 1780 Rudell Road, Newcastle G3 4378757 804315 2276 Taunton Road, Hampton G3 4378862 804316 163 Church Street, Bowmanville On Site A18G-01799 805204 150 King Avenue, East, Newcastle On Site A18G-01893 805206 127 Church Street, Orono On Site A18G-01776 805205 2950 Courtice Road, Courtice G5 Page 18 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 9 of 11 Appendix B Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N Citation: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N Information about this text: Consolidation: No Amendments. URL: http://www.canlii.org/on/laws/sta/2007c.10sch.n/20070717/whole. html Version downloaded by CanLII on 2007-07-17 Chase McEachern Act (Heart Defibrillator Civil Liability), 2007 S.O. 2007, CHAPTER 10 Schedule N Definitions 1. In this Act, “defibrillator” means an automated external medical heart monitor and defibrillator that is capable of, (a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, (b) determining, without intervention by an operator, whether defibrillation should be performed, (c) automatically charging and requesting delivery of an electrical impulse to an individual’s heart as medically required, and (d) satisfying any other criteria that may be prescribed by regulation; (“défibrillateur”) “emergency” means a situation during which the behaviour of an individual reasonably leads another individual to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person; (“situation d’urgence”) “health care professional” means, (a) a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991, (b) such other persons or classes of persons as may be prescribed. (“professionnel de la santé”) 2007, c. 10, Sched. N, s. 1. Protection from civil liability, user of defibrillator 2. (1) Despite the rules of common law, a person described in subsection (2) who, in good faith, voluntarily and without reasonable expectation of compensation or reward uses a defibrillator on a person experiencing an emergency is not liable for damages that result from the person’s negligence in acting or failing to act while using the defibrillator, unless it is established that the damages were caused by the gross negligence of the person. 2007, c. 10, Sched. N, s. 2 (1). Persons covered (2) Subsection (1) applies to, Page 19 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 10 of 11 (a) a health care professional, if the health care professional does not use the defibrillator at a hospital or other place having appropriate health care facilities and equipment for the purpose of defibrillation; and (b) an individual, other than a health care professional described in clause (a), who uses a defibrillator at the immediate scene of an emergency. 2007, c. 10, Sched. N, s. 2 (2). Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator shall be deemed not to be compensation or reward for the purpose of subsection (1). 2007, c. 10, Sched. N, s. 2 (3). Protection from civil liability, owner or operator of premises 3. (1) Despite the Occupiers’ Liability Act and the rules of common law, any person who owns or occupies premises where a defibrillator is made available for use and who acts in good faith with respect to the availability or use of the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator. 2007, c. 10, Sched. N, s. 3 (1). Exception (2) Subsection (1) does not exempt the person who owns or occupies the premises where a defibrillator is made available for use from civil liability if, (a) that person acts with gross negligence with respect to making the defibrillator available; (b) that person fails to properly maintain the defibrillator; or (c) the premises where the defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals. 2007, c. 10, Sched. N, s. 3 (2). Regulations 4. The Lieutenant Governor in Council may make regulations, (a) prescribing criteria for the purpose of the definition of “defibrillator” in section 1; (b) prescribing persons or classes of persons for the purposes of the definition of “health care professional” in section 1; (c) governing standards for the proper maintenance of defibrillators; (d) respecting any matter necessary or advisable to carry out effectively the purposes of this Act. 2007, c. 10, Sched. N, s. 4. Applies to the Crown 5. This Act applies to the Crown and any agency of the Crown. 2007, c. 10, Sched. N, s. 5. 6. Omitted (provides for coming into force of provisions of this Act). 2007, c. 10, Sched. N, s. 6. 7. Omitted (enacts short title of this Act). 2007, c. 10, Sched. N, s. 7. Reference: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N; http://www.canlii.org/on/laws/sta/2007c.10sch.n/20070717/whole.html. Page 20 LH/The Municipality of Clarington Agreement April 2023 - March 2026 Page 11 of 11 Appendix C Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2 No amendments. Definition 1. In this Act, “health care professional” means a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991. 2001, c. 2, s. 1.Protection from liability 2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person’s negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1). Persons covered (2) Subsection (1) applies to, a. a health care professional who provides emergency health care services or first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the health care professional does not provide the services or assistance at a hospital or other place having appropriate health care facilities and equipment for that purpose; and b. an individual, other than a health care professional described in clause (a), who provides emergency first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the individual provides the assistance at the immediate scene of the accident or emergency. 2001, c. 2, s. 2 (2). Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in providing the services described in subsection (2) shall be deemed not to be compensation or reward for the purpose of subsection (1). 2001, c. 2, s. 2 (3). 3. Omitted (provides for coming into force of provisions of this Act). 2001, c. 2, s. 3. 4. Omitted (enacts short title of this Act). 2001, c. 2, s. 4. Reference: Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2; http://www.e- laws.gov.on.ca/html/statutes/english/elaws_statutes_01g02_e.htm Page 21 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: March 20, 2023 Report Number: LGS-012-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Fireworks By-law Review Recommendations: 1. That Report LGS-012-23 and any related delegations or communication items, be received; 2. That Staff continue to monitor the municipal sector for any emerging trends in fireworks prohibitions; 3. That the By-law attached to Report LGS-012-23, as Attachment 2, be approved; and 4. That all interested parties listed in Report LGS-012-23 and any delegations be advised of Council’s decision. Page 22 Municipality of Clarington Page 2 Report LGS-012-23 Report Overview A background review and comparison of the Fireworks bylaws to neighboring Municipalities, and an amendment to insurance requirements for Consumer Discharge Permits. 1. Background 1.1 In 2015 Clarington’s Emergency Fire Services and Municipal Law Enforcement Divisions undertook a comprehensive review of the Fireworks by-law. As a result, Council passed Fireworks by-law 2015-047 1.2 In January 2020, staff report CLD-001-20 was provided to Council. The report was in response to a delegation received at General Government C ommittee to request a further restriction of fireworks. At the time, Council determined not to proceed with any amendments to the by-law and to continue to focus on community education through various means. 1.3 In 2021 staff undertook a review of neighboring municipalities Fireworks by-laws LGS-004-21. The review focused on comparisons to Religious and Traditional permissions for discharging of fireworks. The revie w concluded that Clarington’s Fireworks by-law was comparable to others in the area in that permissions to discharge consumer fireworks are granted through permitting at no cost to residents. 2. Discussion Neighboring Municipalities 2.1 In review of neighboring Municipalities Fireworks by-laws in Durham Region, the consistency of discharge areas, times, permitting, sales are standard as seen in Attachment 1 to Report LGS-012-23. 2.2 Safety rules and distinguishing between consumer fireworks and Pyrotechnics is also consistent throughout Durham Region. Pyrotechnic displays must always acquire a permit and are conducted by Licensed individuals under Federal legislation. The safety rules for consumer fireworks are: fire extinguishers being on hand, may only be discharged on private property, cannot be discharged near combustible materials, and site plans being required if discharging under conditions of a Permit. 2.3 In 2022, both the Town of Caledon and the City of Brampton introduced a prohibition on the sale and discharge of consumer fireworks. Currently Whitby and Oshawa are reviewing their respective Fireworks bylaws, also with the view of a possible prohibition. Staff will be monitoring the outcome of the discussions in Whitby and Oshawa. Page 23 Municipality of Clarington Page 3 Report LGS-012-23 Insurance Requirements 2.4 The By-law currently requires that to be eligible for a consumer fireworks permit, the applicant must provide proof of commercial liability insurance with a policy limit of no less than $2 million. 2.5 It has been noted that acquiring a Permit for Consumer Discharge has proven to be onerous, as residents typically do not obtain commercial liability insurance for their residential property. Most neighboring municipalities do not require insurance for consumer displays. Insurance is typically only required for Pyrotechnic displays and sales of fireworks. 2.6 The Durham Region Insurance Pool was consulted on the insurance requirements, and it was recommendation all requirements and/or restrictions be consistent. In other words, that the Municipality should either strictly en force the commercial insurance requirement or eliminate the requirement. Since the By-law does not impose any insurance requirements for consumer fireworks displays in relation to Canada Day/Victoria Day, it is suggested that the same rationale be applied to other days of the year. 2.7 Amending the current by-law to remove the commercial liability insurance requirements for Discharge Permits outside of permitted days is therefore recommended. Enforcement 2.8 Residents have the option to contact Municipal Law Enforcement or Emergency and Fire Services to report unsafe or discharging of fireworks outside of permitted times. Residents are also advised to follow the safety rules, and these rules are provided to any resident who applies for a discharge permit. 2.9 In discussion with Clarington Emergency & Fire Services, limited calls are received in relation to discharging of fireworks. In those circumstances when emergency personnel have been dispatched, this has been a very effective way to cease the fireworks display. If staff can locate the individuals responsible for discharging outside of the permitted time periods or without a permit, staff generally educate rather than lay a charge. Most often however, it is difficult to locate those responsible for the discharge. 2.10 Municipal Law Enforcement and Emergency & Fire Services do not currently have the resources to dispatch staff to effectively enforce spontaneous consumer fireworks displays. Enforcement is sometimes possible if there are indications in advance of a planned display (e.g. through social media). Enforcement after the fact is sometimes also possible depending on the circumstances. Through Staff discussions, it was determined that promoting safe use and discharge through media, website and other Page 24 Municipality of Clarington Page 4 Report LGS-012-23 educational means is the most effective way to disseminate the message about fireworks safety and to limit the impacts in rural and residential areas. 3. Financial Considerations Not Applicable. 4. Concurrence This report has been reviewed by the Director of Emergency Fire Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that the attached bylaw to be approved to eliminate the commercial insurance requirement for consumer fireworks discharge permits. Staff Contact: Duncan Anderson, Manager of Municipal Law Enforcement, danderson@clarington.net . Attachments: Attachment 1 -Neighbouring Municipalities By-law Review Attachment 2 – Draft By-law Interested Parties: List of Interested Parties available from Department. Page 25 Attachment 1 to Report LGS-012-23 Clarington Ajax Whitby Oshawa Pickering Uxbridge Brock Canada Day Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Victoria Day Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Allowed No Permit Religious or Ceremonial Events, Permit Required, no fee for cultural or religious events Permit required with exception of Diwali, Lunar New years and Eid-Al-Fitr only Permit Required with exception of New years and Diwali Permit required with the exception of Diwali Permit Required Permit Required Permit Required Discharge Times/Dates Dusk to 11:00 p.m. Day of and three days preceding 11:00 a.m., to 11:00 p.m. Day of and following day Dusk to 11:00 p.m. Day of and following day Dusk to 11:00 p.m. Day of Time N/A Day of or during long weekend set for observance of day Time N/A Day of and day before Dusk to 12:00 a.m. Day of and day before Consumer Fireworks Discharge Insurance Requirements 2 million Required for Discharge permits outside of permitted days Not Required Not required 5 million Required for Discharge permits outside of permitted days 2 million Required for Discharge permits outside of permitted days 2 million Required for Discharge permits outside of permitted days Not Required Discharge Locations Private Property Only with Owners written consent Private Property Only with Owners written consent Private Property Only with Owners written consent Private Property Only with Owners written consent Private Property Only with Owners written consent Private Property Only with Owners written consent Private Property Only with Owners written consent Page 26 Attachment 2 to Report LGS-012-23 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 2023-0XX Being a by-law to amend the Fireworks By-law WHEREAS subsection 121 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws to prohibit and regulate the sale of fireworks and setting off of fireworks, to prohibit such activities unless a permit is obtained from the municipality, and impose conditions for obtaining, continuing to hold and renewing the permit, including the submission of plans. AND WHEREAS the Municipality has enacted a Fireworks By-law 2015-047 to regulate the sale and use of fireworks within the boundaries of the Municipality. AND WHEREAS the Municipality wishes to make certain amendments to the Fireworks By-law 2015-047; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. Section 2.2 (f) of By-law 2015-047 is revoked and replaced with the following: (f) proof of commercial general liability insurance in an amount not less then $2,000,000 in the case of a Class C Permit or Class D Permit, or $5,000,000 in the case of a Class B Permit, naming the Municipality as an additional insured and containing a cross liability clause; 2. This By-law shall be effective on the date that it is passed. Passed in Open Council this XXth day of XXXX, 2023 _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 27 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: March 20, 2023 Report Number: LGS-013-23 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Appointment to the Newcastle Arena Board, Newcastle Business Improvement Area, and Tyrone Hall Board Recommendations: 1. That Report LGS-013-23 and any related communication items, be received; 2. That the Committee consider the applications for appointments to the Newcastle Arena Board, and that the vote be conducted to appoint the citizen representatives, in accordance with the Appointment to Boards and Committees Policy; 3. That the following be appointed to the Newcastle Business Improvement Area for a term ending December 31, 2026, or until a successor is appointed:  Valentine Lovekin  Marni Lewis  Sue Holder  Janeen Calder  Tracey Yates  Theresa Vanhaverbeke; 4. That the following be appointed to the Tyrone Hall Board for a term ending December 31, 2026, or until a successor is appointed:  Joy Vaneyk  Danielle Carroll  Crystal Ovendon  Lyndsay Luckhardt  Marlene Raby  Larry Quinney  Brian Glaspell Page 28 Municipality of Clarington Page 2 Report LGS-013-23  Dave Taylor  Paul Rowan  Cecile Bowers  Marlene Craig  Greg Carroll  Alvina Hare  Kyle Young  Dianne Woodley  Nancy Johnson; and 5. That all interested parties listed in Report LGS-013-23 and any delegations be advised of Council’s decision. Page 29 Municipality of Clarington Page 3 Report LGS-013-23 Report Overview This report is intended to provide background information, regarding the vacancies on the Newcastle Arena Board, Newcastle BIA, and Tyrone Hall Board to assist in the appointment process. 1. Newcastle Arena Board 1.1 The Newcastle Arena Board is a volunteer Municipal Service Board established by the Municipality of Clarington Council in accordance with the provisions of the Municipal Act, 2001, as amended. The goal of the Newcastle Arena Board is to operate the Newcastle Memorial Arena. The Board is comprised of 8 persons, one of which shall be a Member of Council. 1.2 At the January 9, 2023, General Government Committee meeting, Committee appointed six members and authorized Staff to re-advertise for the one remaining vacancy. At the same meeting, Councillor Traill was appointed as the Council Representative to the Newcastle Arena Board. 1.3 The following persons put forward an application for consideration, for a term ending December 31, 2026, or until a successor is appointed:  Tyler Borque  Phil Haylock  Stephanie Hogg  Bryan Hutchinson  Gary Oliver  Fay Spurway 2. Newcastle Business Improvement Area (BIA) 2.1 The Newcastle BIA’s terms of reference state “the Board shall consist of seven members appointed by Council, one of whom shall be a member of Council and the remaining members shall be persons qualified to be elected members of Council assessed for business assessment in respect of land in the area or nominee of corporations so assessed”. 2.2 At the January 9, 2023, General Government Committee meeting, Councillor Woo was appointed as the Council Representative to the Newcastle BIA. Page 30 Municipality of Clarington Page 4 Report LGS-013-23 2.3 The Newcastle BIA has provided their board of management, for appointment as follows:  Valentine Lovekin  Marni Lewis  Sue Holder  Janeen Calder  Tracey Yates  Theresa Vanhaverbeke 3. Tyrone Hall Board 3.1 The Tyrone Hall Board’s terms of reference state “the Board shall be appointed by Council and shall be comprised of one member of Council and an appropriate number of Directors to maintain the operations of the facility, being no less than three community members”. 3.2 At the January 9, 2023, General Government Committee meeting, Committee appointed Councillor Traill as the Council Representative to the Tyrone Hall Board. 3.3 The Tyrone Hall Board has provided their board of management, for appointment as follows:  Joy Vaneyk  Danielle Carroll  Crystal Ovendon  Lyndsay Luckhardt  Marlene Raby  Larry Quinney  Brian Glaspell  Dave Taylor  Paul Rowan  Cecile Bowers  Marlene Craig  Greg Carroll Page 31 Municipality of Clarington Page 5 Report LGS-013-23  Alvina Hare  Kyle Young  Dianne Woodley  Nancy Johnson 4. Advertising and Applications 4.1 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 Newcastle Arena Board. 4.2 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 Newcastle Arena Board were listed on the Clarington Volunteers website. 4.3 In accordance with the “Appointment to Boards and Committees Policy”, a confidential application package has been attached. 5. Financial Considerations Not applicable. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that Committee consider the vote to make the appointments to the Newcastle Arena Board, Newcastle BIA, and Tyrone Hall Board 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: Newcastle Arena Board Newcastle BIA Tyrone Hall Board Page 32 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: March 20, 2023 Report Number: FSD-009-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Rob Maciver, Deputy CAO/Solicitor By-law Number: File Number: Resolution#: Report Subject: Development Charges Reserve Funds – transfers and amalgamations Recommendation: 1. That Report FSD-009-23, and any related communication items, be received for information. 2. That the balance in the DC Parking Reserve Fund be transferred to the Parking Lot Reserve Fund in accordance with the transition rules in the Development Charges Act, 1997 for ineligible services. 3. That the remaining DC Reserve Funds be amalgamated and renamed in accordance with paragraph 2.5 of Report FSD-009-23. 4. That all interested parties listed in Report FSD-009-23 be advised of Council’s decision. Page 33 Municipality of Clarington Page 2 Report FSD-009-23 Report Overview The purpose of this report is to comply with the provisions of the Development Charges Act, to outline the legislated transition options available for DC Ineligible Services reserve fund balances and to amalgamate or rename the DC Eligible Services reserve funds. This report further seeks Council approval to complete the necessary reserve fund transfers. 1. Background Bill 108, More Homes, More Choice Act, 2019 1.1 Prior to the passing of Bill 108, More Homes, More Choice Act, 2019, the Development Charges Act, 1997 allowed for the collection of development charges for any growth- related capital unless it was a specified ineligible service. Following the passing of the More Homes, More Choice Act, 2019, development charges may only be collected for specified services. 1.2 Prior to the change, the Municipality collected development charges for the following categories of service:  General Government Services  Library Services  Emergency and Fire Protection Services  Indoor Recreation Services  Engineering Park Development and Facilities  Operations  Roads and Related Services  Parking 1.3 Following the change and the adoption of the 2021 Development Charges By-law, the Municipality now collects development charges for the following eligible service categories:  Growth Studies  Library Services  Fire Protection Services  Parks and Recreation Services  Services Related to Highways 1.4 With the reduction from eight service categories down to five categories, there is a need to determine the preferred transfer options for the ineligible services reserve fund balances and to amalgamate or rename certain DC reserve funds. Page 34 Municipality of Clarington Page 3 Report FSD-009-23 2. Transition Options, Amalgamation and Renaming Ineligible Services Reserve Funds 2.1 The revised Development Charges Act deemed parking as an ineligible service category. The act outlined transition rules for reserve funds related to ineligible services as follows: Option 1 - The reserve fund shall be deemed to be a general capital reserve fund for the same purpose, or Option 2 - The municipality may allocate all the money in the fund to one or more reserve funds established under development charge by-laws under the Act. 2.2 The table below outlines the reserve funds that adhere to the transition rules for the transfer of the DC Parking Reserve Fund balance: Options Recommended Reserve Fund Options Option 1 – transfer to a general capital reserve fund for the same purpose Parking Lot Reserve Fund Option 2 – transfer to a DC reserve fund DC - Services Related to Highways 2.3 Moving the DC Parking reserve fund balance into the Parking Lot Reserve Fund, is the staff recommended option, to direct funds specifically towards the growth related needs for parking. Amalgamation and Renaming of DC Reserve Funds 2.4 The revised Development Charges Act requires the amalgamation and renaming of some of the historical DC reserve funds. 2.5 The table below outlines the required adjustments to align with the revised eligible service categories: Page 35 Municipality of Clarington Page 4 Report FSD-009-23 DC Reserve Funds (old) DC Reserve Fund (revised) DC - General Government DC – Growth Studies DC – Public Library DC – Library Services DC – Emergency Services DC – Fire Protection Services DC – Indoor Recreation Services DC – Parks and Recreation Services DC – Engineering Park Development and Facilities DC – Parks and Recreation Services DC - Operations DC – Services Related to Highways DC – Roads and Related Services DC – Services Related to Highways 3. Financial Considerations 3.1 The use of development charges is legislated under the Development Charges Act, 1997. The changes proposed to the reserve funds do not impact funding eligibility of capital projects. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that Council provide direction to staff on the preferred transfer of the balance of the DC Ineligible Services reserve fund (DC - Parking). Staff recommend Option 1 in paragraph 2.2 which is to transfer the funds to a like purpose general reserve fund (Parking Lot Reserve Fund). Staff also recommend that Council approves the amalgamation and renaming of the DC Eligible Services reserve funds as identified in paragraph 2.5. Page 36 Municipality of Clarington Page 5 Report FSD-009-23 Staff Contact: Michelle Pick, Accounting Services Manager / Deputy Treasurer, CPA, 905- 623-3379 ext.2605 or mpick@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. 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: Joint Committees Date of Meeting: March 20, 2023 Report Number: FSD-010-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: 2022 Annual Commodity Hedging Recommendations: 1. That Report FSD-010-23 and any related delegations or communication items, be received for information. Page 38 Municipality of Clarington Page 2 Report FSD-010-23 Report Overview This report complies with the annual requirements to report to Council on the status of the existing commodity hedging agreements. 1. Background 1.1 Under Ontario Regulation 653/05, the Treasurer is required to report on an annual basis to Council regarding the status of existing commodity hedging agreements, including a comparison of the expected results to actual of using the agreements and confirmation that they comply with the Municipality’s policies and goals. 1.2 As required by the Municipal Act, 2001, Council adopted a Commodity Price Hedging Agreement Statement of Policies and Goals in report COD-054-08, on October 6, 2008. In this statement of policies and goals, the resp onsibilities are delegated as follows: a. The Deputy CAO/Treasurer (at the time Director of Finance/Treasurer) or designate is responsible for the financial administrative matters pertaining to commodity price hedging. b. The Director of Corporate Services or designate is responsible for the procurement and contractual administrative matters pertaining to commodity price hedging. 1.3 The designate for the Director of Corporate Services was the Purchasing Manager. Following the 2020 reorganization, this position has moved to the Financial Services Department and reports to the Deputy CAO/Treasurer. 2. Annual Reporting Matters Natural Gas Hedging 2.1 Through the Co-operative Buyers Group, Request for Proposal issued by the Region of Durham and approved through Report COD-003-20, the Municipality has an existing energy consulting agreement with Blackstone Energy Services Inc., Toronto, for the provision of consulting and related services for the supply of natural gas. Blackstone acts as an independent agent of the Municipality of Clarington to execute direct purchase agreements. The term is for three years with an option to extend for two additional one-year terms. 2.2 The Municipality’s energy consumption trends have been studied since 2008. Detailed budget estimates are made based on these consumption trends and pricing projections Page 39 Municipality of Clarington Page 3 Report FSD-010-23 of the various utilities including natural gas for the Municipality’s operating departments. This information together with the procurement strategy aimed at reducing risk and stabilizing cost continues to focus on the need for a stable natural gas supply contract. 2.3 Blackstone Energy Services Inc. on behalf of the Municipality of Clarington is authorized to enter into fixed priced natural gas agreements as required, considering market conditions at any given time. Previously natural gas was supplied from two pools – Dawn (southwestern Ontario) and Empress (western Canada). All of the Municipality’s natural gas is now supplied from the Dawn hub. 2.4 The Municipality of Clarington had natural gas commodity hedging agreements in place up to October 2019. These agreements were consistent with the Municipality’s statement of policies and goals relating to the use of financial agreements to address commodity pricing and costs. In 2017, in consultation with Blackstone, the Municipality entered into a hedging agreement from November 2017 to October 2019; where 100% of the gas supply was hedged. The Municipality did not enter any new hedges from November 2019 to November 2022. 2.5 Staff receive regular market intelligence and analysis from Blackstone Energy Services on the natural gas market. With the information received from Blackstone, the Municipality is able to proactively respond to the market conditions to ensure a secure supply source and cost certainty where determined to be prudent. 2.6 Based on recommendation of Blackstone Energy Services, the Municipality entered into the hedging agreements, all via the Dawn hub, shown in the following chart: Date Range Price ($/GJ) Percentage of Portfolio (%) Comments November 1, 2022 to October 31, 2023 7.550 50 Fixed November 1, 2022 to March 31, 2023 7.435 20 Fixed November 1, 2023 to October 31, 2024 5.350 40 Fixed November 1, 2024 to October 31, 2025 5.595 30 Fixed November 1, 2025 to October 31, 2026 5.575 20 Fixed Page 40 Municipality of Clarington Page 4 Report FSD-010-23 2.7 Another element of the natural gas purchasing is that the Municipality sets the price on bill (POB). The POB is set to estimate the average cost of the gas factoring in transportation costs. Setting the price on bill reduces the fluctuations over the year, it is similar to the concept behind consumer “equal billing” plans. The POB was reviewed in 2022 and adjusted upwards to $0.450/m3 to compensate for increasing natural gas prices. It is anticipated that the POB will be adjusted back downwards to $0.250/m 3 progressively during the year. 2.8 The natural gas year is from November 1 to October 31. During this period the Municipality may use more gas than estimated during the heating season and use less during the cooling season. These differences are settled in the Municipality’s account at Blackstone with the gas suppliers. As of October 31, there may be a balance of gas owing or a supply of gas to be sold in the market based on the gas supply obligation from the estimate required versus actual usage. Blackstone provides advice on the best time to settle the gas account for the best price (or hedge price if applicable) and is settled in the account. 2.9 The contracts met the procurement goal of both reducing the risk and stabilizing the cost, as we have a fixed source of supply for the majority of the estimated requirement during the winter months at a fixed price with a reasonable consumption estimate . Electricity Hedging 2.10 To date the Municipality has not hedged electricity. The structure of electricity hedging i s different from natural gas. A significant portion of the large electricity accounts is the Global Adjustment. Hedging of the electricity commodity does not reduce the Global Adjustment charges. Electricity hedging could be explored in the future, but it is not anticipated that the Municipality would be hedging electricity in 2023. 3. Financial Considerations Not Applicable. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that this annual commodity hedging report be received for information in compliance with Ontario Regulation 635/05 of the Municipal Act, 2001. Page 41 Municipality of Clarington Page 5 Report FSD-010-23 Staff Contact: Trevor Pinn, Deputy CAO, Treasurer, 905-623-3379 x2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 42 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: March 20, 2023 Report Number: FSD-011-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: CL2023-1 By-law Number: Report Subject: Shaw House Accessibility Upgrades Recommendations: 1. That Report FSD-011-23, be received; 2. That Snyder Construction with a total bid amount of $541,363.20 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2023-1 be awarded the contract for the Shaw House Accessibility Upgrades as required by the Community Services Department; 3. That the total funds required for this project in the amount of $604,632.48 (Net HST Rebate) which includes construction costs of $541,363.20 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $63,269.28 (Net HST Rebate) is included in the approved 2020/2021Capital Budget and be funded from the following account: Description Account Number Amount 2021 Building & Property – Interior Improvements 110-42-421-83719-7401 $604,632 4. That all interested parties listed in Report FSD-011-23 and any delegations be advised of Council’s decision. Page 43 Municipality of Clarington Page 2 Report FSD-011-23 Report Overview To request authorization from Council to award CL2023-1 for accessibility upgrades required at the Shaw House. 1. Background 1.1 Tender specifications and drawings were prepared by Moon -Matz and provided by the Community Services Department to the Purchasing Services Division. The scope of work includes the installation of an accessible ramp, elevator and other accessibility upgrades required for mix-use office space. 1.2 Tender CL2023-1 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 Eighteen companies registered as official plan takers. The tender document included a mandatory site visit. Only those plan takers in attendance at the site visit were eligible to submit a bid. Seven companies attended the mandatory site visit. 2. Analysis 2.1 The tender closed February 1, 2023. 2.2 Six submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see attachment 1). Four submissions were deemed compliant and forwarded to the Community Services Department for review and consideration. 2.3 The Purchasing Services Division completed reference checks for the low comp liant bidder Snyder Construction. References were deemed satisfactory and provided to the Community Services Department for consideration. 2.4 After review and analysis of the bids by the Purchasing Services Division and the Community Services Department, it was mutually agreed that the low bidder Snyder Construction be recommended for the award of CL2023-1. 3. Financial Considerations 3.1 As part of the 2020 Capital Budget process $300,000 was approved to complete renovations at Shaw House for mixed use office space. In 2021 an additional $475,000 was requested and approved, the Municipality also received an additional $300,000 in Page 44 Municipality of Clarington Page 3 Report FSD-011-23 ICIP Grant Funding. In 2022 an additional $200,000 was approved through FSD -028- 22 for a total approved budget of $1,275,000. 3.2 The funds required for this project is $604,632.48 (Net HST Rebate), which includes the construction costs of $541,363.20 (Net HST Rebate) and other related costs such as design, inspection, contract administration and contingencies of $63,269.28 (Net HST Rebate), be drawn from the following account: Description Account Number Amount 2021 Building & Property – Interior Improvements 110-42-421-83719-7401 $604,632 3.3 Queries with respect to the departments needs, specifications, etc., should be referred to the Director of Community Services. 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Snyder Construction with a total bid price of $541,363.20 (Net HST Rebate) being the low compliant bidder be awarded the contract for the Shaw House Accessibility Upgrades in accordance with the terms, conditions, and specifications of Tender CL2023-1. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 x 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Bid Results Interested Parties: List of Interested Parties available from Department. Page 45 Municipality of Clarington Page 4 Report FSD-011-23 Attachment #1 Municipality of Clarington CL2023-1 Shaw House Accessibility Upgrades Bid Summary Bidder Total Bid Price (Including HST) Total Bid Price (Net HST Rebate) Snyder Construction $637,998.00 $541,363.20 MVW Construction & Engineering Inc. 732,146.78 622,109.76 J.J. McGuire General Contractors Inc. 1,429,393.50 1,220,102.40 ONIT Construction Inc. 1,433,179.00 1,226,056.17 Page 46 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: March 20, 2023 Report Number: CAO-009-23 Submitted By: Mary-Anne Dempster, CAO Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Recommended Inclusion, Diversity, Equity, Anti-Racism and Accessibility Updates Recommendations: 1. That Report CAO-009-23 be received; 2. That Clarington’s Land Acknowledgment Guidelines be received; 3. That staff be directed to update the Terms of Reference to include a requirement that Clarington’s Advisory Committees and Municipal Service Boards share the Land Acknowledgment Statement in accordance with the Land Acknowledgment Statement Guidelines at the beginning of their meetings; 4. That this requirement that Clarington’s Advisory Committees and Municipal Service Boards share the Land Acknowledgment Statement be included as part of the upcoming Procedural By-law Review; 5. That the attached Inclusion, Diversity, Equity, Anti-Racism and Accessibility Training Plan for Council Policy be approved; and 6. That all interested parties listed in Report CAO-009-23 and any delegations be advised of Council’s decision. Page 47 Municipality of Clarington Page 2 Report CAO-009-23 Report Overview In 2018, the Municipality of Clarington’s Council made a commitment to addressing issues surrounding Diversity with the creation of the Diversity Advisory Committee. Since then, a dedicated IDEA Officer has been working with the committee to advance topics focussed on Inclusion, Diversity, Equity and Anti-racism. One item that has been significantly introduced in 2019, was the development and implementation of a Land Acknowledgment Statement. This statement is shared at the start of all public meetings, including Council and Committee meetings, civic celebrations, and official events hosted by the Municipality. To further enhance the meaning of this important statement, s taff have developed Land Acknowledgment Guidelines that provide background and resources to support meaningful sharing of the Land Acknowledgment Statement. Another key area to supporting Inclusion and Diversity within the Municipality is to offer educational opportunities to increase acceptance and understanding of a wide range of topics. Specifically, to support Members of Council in recognizing, understanding, and addressing racism and discrimination, as well as to address Call to Action #57 of the Truth and Reconciliation Commission, an Inclusion, Diversity, Equity, Anti -Racism, and Accessibility (IDEAA) Training Plan Policy is proposed through this report. This recommendation, if approved, would help support the overall Municipality in achieving the goals of the IDEAA workplan. 1. Background and Recommendations Land Acknowledgment 1.1 Land Acknowledgment Statements are shared to recognize Indigenous Peoples and their stewardship of the land; accept our colonial past and the impact of colonialism . Land Acknowledgement Statements identify that we have obligations to fulfill as outlined in the Treaties for this area; demonstrate awareness of Indigenous land rights; and move toward establishing respectful relationships. 1.2 Arising out of Report CSD-010-19, Council approved Clarington’s Land Acknowledgment Statement in 2019, following a recommendation by Clarington’s Diversity Advisory Committee who worked with Chief Dave Mowat, Alderville First Nation, to reflect the original caretakers of the Land on which Clarington is situated . Clarington’s Procedural By-law includes a Land Acknowledgment Statement at meetings of Council and Committee, civic celebrations, and official events hosted by the Municipality. Page 48 Municipality of Clarington Page 3 Report CAO-009-23 1.3 Since this time, more organizations, municipalities, and settlers attending events and meetings have incorporated the sharing of a Land Acknowledgment Statements. Land Acknowledgments can risk failure to demonstrate their intended purpose, movement toward Reconciliation, when they are scripted rather than personal; or are read by rote rather than offering authentic reflections. 1.4 2020 saw a change in meeting offerings. As many organizations did , Clarington began hosting meetings virtually or in a hybrid format. Individuals who are sharing the Land Acknowledgment Statement may be located outside of the Municipality of Clarington and should properly identify whose treaty lands they are occupying as appropriate. 1.5 To support the sharing of a Land Acknowledgment in a meaningful way and incorporate the sharing of a Land Acknowledgment in a virtual / hybrid setting, Clarington’s Land Acknowledgment Guidelines (attachment 1) and Clarington’s Land Acknowledgment Quick Reference Sheet (attachment 2) have been developed by the Staff Truth and Reconciliation Committee to provide context, background, and suggestions for those who are sharing. 1.6 The application of the Land Acknowledgment Statement is recommended by staff to include meetings of Advisory Committees and Boards of Council as well as any individual who wishes to share a Land Acknowledgment Statement at the beginning of a public event or meeting. 1.7 Staff have discussed these changes with the Clerk’s Division and confirmed that these changes can be incorporated in the upcoming Procedural By-law Review that the Clerks’ Division is undertaking as well as changes to their Terms of Reference. 1.8 These guidelines have been reviewed by Clarington’s Diversity Advisory Committee and Diversity and Inclusion Staff Team and both have provided their concurrence. 1.9 The Clarington Land Acknowledgment Guidelines and Quick Reference Sheet will be shared with the staff liaisons of Advisory Committees and Boards, included in the Orientation Package for Members of Committees and Boards, shared in meeting rooms within Clarington’s facilities and spaces, and shared online for public access. Inclusion, Diversity, Equity, Anti-Racism and Accessibility (IDEAA) Training for Council 1.10 In June of 2020, Clarington stood together with the global community and stated that racism and discrimination against any marginalized member of our community will not be tolerated. Page 49 Municipality of Clarington Page 4 Report CAO-009-23 1.11 As a municipality, we have an obligation to provide good governance to the people we serve. We have various roles and responsibilities to provide services, enact by-laws, create policies and are the “guardians of public interest” (Ontario Human Rights Commission, Anti-racism, and anti-discrimination for municipalities). 1.12 Through the Truth and Reconciliation Commission’s Calls to Action, the following call is addressed to municipal government (among others):  Call to Action #57: We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism. 1.13 Our community is becoming more diverse, and we are becoming more aware of human rights and racism / discrimination issues within our community. Racism and discrimination are injustices that we can and should address to en sure our community is safe, inclusive, and welcoming. One way to support this is through training and dialogue to build our capacity, dismantle systemic racism and discrimination , and understand the unique needs of our residents. 1.14 In December 2022, Senior Leadership approved an Inclusion, Diversity, Equity, Anti- Racism and Accessibility Training Plan for staff. This training plan formalizes existing programs and provides options for all staff during onboarding as well as throughout employment. The plan clearly outlines mandatory and optional trainings that are available. 1.15 To support Members of Council in recognizing, understanding, and addressing racism and discrimination, as well as to address Call to Action #57 of the Truth and Reconciliation Commission, an Inclusion, Diversity, Equity, Anti-Racism, and Accessibility (IDEAA) Training Plan for Council Policy has been developed and is recommended to be approved. 1.16 The IDEAA Training Plan for Council has been shared with Clarington’s Diversity Advisory Committee and Diversity and Inclusion Staff Team and both have provided their concurrence. In addition, Clarington’s Diversity Advisory Committee recommended that an optional, condensed training opportunity be explored for members of Advisory Committees and Boards of Council. Staff are looking into this opportunity. Page 50 Municipality of Clarington Page 5 Report CAO-009-23 1.17 The proposed policy that supports the IDEAA training plan for Council Policy (attachment 3) is recommended to be approved. This policy will demonstrate Council’s commitment to anti-racism and anti-discrimination and provides a sustainable way to ensure this commitment is sustainable through future terms of Council. 1.18 If the IDEAA training plan policy is approved by Council, staff will work with Legislative Services to schedule (where required) the sessions. The training would be offered in a phased approach over the first 18 months of each Term of Council in a variety of formats including in-person, self-directed online learning, and virtual. 2. Financial Considerations 2.1 It is anticipated the implementation of the IDEAA Training Plan for Council will cost approximately $5,000 and has been accounted for within the approved 2023 Operating Budget. 3. Concurrence This report has been reviewed by the Deputy CAO/Treasurer, Deputy CAO/Solicitor, and the Municipal Clerk who concur with the recommendations. 4. Conclusion It is respectfully recommended that Clarington’s Land Acknowledgment Guidelines be received and that the Inclusion, Diversity, Equity, Anti -Racism, and Accessibility Training Plan for Council Policy be approved. Staff Contact: Erica Mittag (IDEA Officer) or Lee-Ann Reck (Manager, Corporate Performance), emittag@clarington.net or lreck@clarington.net Attachments: Attachment 1 – Clarington’s Land Acknowledgment Guidelines Attachment 2 – Clarington’s Land Acknowledgment Quick Reference Sheet Attachment 3 – Inclusion, Diversity, Equity, Anti-Racism, and Accessibility Training Plan for Council Policy Interested Parties: None Page 51 Attachment 1 to Report CAO-009-23 Land Acknowledgment Guidelines The Municipality of Clarington’s Current Land Acknowledgment Statement: The Municipality of Clarington is situated within the traditional and treaty territory of the Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties First Nations. Our work on these lands acknowledges their resilience and their longstanding contributions to the area now known as the Municipality of Clarington. Chippewas: chip-uh-WUHS Anishinabeg: uh-NISH-in-NAH-bek What is a Land Acknowledgment Statement? Land Acknowledgments are a way for people to insert an awareness of Indigenous presence and land rights in everyday life. This is often done at the beginning of ceremonies, lectures, or any public event. Land Acknowledgments are: - A way to recognize the history of colonialism and the need for change in settler colonial societies - a responsibility as they implicate the speaker in the history of the land on which they work, live, and speak - a time for reflection and demonstrating recognition of Indigenous lands, treaties, and Peoples - an opportunity to think about what happened in the past and what changes can be made going forward to further reconciliation - a small and important step in building a positive relationship with Indigenous Peoples - honoring the land and Indigenous presence which dates back over 10,000 years When and where should they be delivered? Land acknowledgment statements should be shared at the beginning of any meeting or event; prior to any business or event activities occurring. Land Acknowledgment Tips: 1. Find out about the land you are gathering on. Do your research and find out the land you are gathering on is Treaty Territory (seized through the legal system), Unceded Territory (not seized through legal proces ses), or Page 52 Page 2 part of Inuit or Metis homelands. Using https://native-land.ca/ and https://www.whose.land/en/ are resources to use to find out whose territory you are on. 2. Learn the proper pronunciation of words and practice before you read the land acknowledgment statement There are many First Nations, Metis, and Inuit groups in Canada, and many territorial names and titles that non-Indigenous people are not used to saying. Do not be afraid to ask questions and find out how to pronounce the names and titles in your acknowledgment.  Respectfully ask someone from that nation or from a local organization how to pronounce  Check the nation’s website; they may have a phonetic pronunciation available  Search a Nation’s name on social media as there may be videos with pronunciation If you make a mistake, or feel you have not pronounced something correctly, be professional and complete the statement. An example of providing phonetic spelling, as seen in the Municipality of Clarington Land Acknowledgment Statement: Chippewas: chip-uh-WUHS Anishinabeg: uh-NISH-in-NAH-bek 3. Make the statement meaningful and personal Clear the room/space of distractions. This also gives those in the room a moment to come together and listen to your words. Ask people to put their phones on silent/vibrate, and to mind the door for any late comers. This will help ensure those at the meeting or event are grounded, present and comfortable. As a participant in a situation when a Land Acknowledgment is shared, be present and focused. A land acknowledgment must come from your heart, not just be read off a piece of paper; when you state it, mean it. Ask yourself: how does this land acknowledgment represent my connection to this place? And now that I know about the mistreatment of Indigenous Pe oples, what does this land acknowledgment propel me to do? Reflect and include some steps you are taking personally or in the workplace to work towards Reconciliation. Page 53 Page 3 Examples of Personal and Meaningful Land Acknowledgment Statements: You may consider including a message around your Land Acknowledgment statement to demonstrate your commitment to truth and reconciliation. These suggestions are only that, suggestions, to add meaning to your statement. Begin by sharing the approved Land Acknowledgment statement, followed by a moment of personal reflection to your commitment to reconciliation. 1. Before starting this meeting, I would like to share some truths about myself and about the place that many of us call home: Though I am not Indigenous, rather I am of settler-colonial/settler ancestry/ an immigrant who has settled on this land. My heritage extends to _____ (England, France, Ireland, etc.), I, like many other settlers, have benefited greatly from living on Turtle Island. As a visitor on this land, I have an important responsibility to acknowledge the grounds on which we are privileged to gather. My experience and respect for the land inspires me to take action, support the Truth and Reconciliation Commission’s recommendations and be an ally to Indigenous People. 2. I want to start by saying that myself, my family, and my ancestors are settlers of where I currently live and work, which includes the Municipality of Clarington. I am extremely grateful to the First Nations people for their care for, and teachings about, our earth. My hope for th e work of this committee is that we honor those teachings and I ask that everyone keep that in mind as we con tinue with our meeting today. 3. While we are joining virtually, I would like to acknowledge that I am currently located within the Municipality of Clarington, which is situated within the traditional and treaty territories of the Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties First Nations. I would like to ask all of you to search out and learn about whose land you are occupying and give thanks to the Indigenous Peoples of those lands for the stewardship of these lands today and since time immemorial and learn more about Indigenous Peoples and the challenges they face. Beyond Acknowledgment Reconciliation goes beyond a land acknowledgment statement. It is important to create and foster this relationship with good intentions and actions. It is important to reflect on why one does a Land Acknowledgment, one’s commitment to the land and respect for indigenous peoples to continue this journey to reconciliation.  Support Indigenous businesses  Learn about Indigenous history from Indigenous peoples and their elders  Connect with Indigenous communities Page 54 Page 4  Attend Indigenous Cultural Awareness training sessions Resources for Clarington: - Native Land - Whose Land - William’s Treaties First Nations - The Importance of Land Acknowledgments - Land Acknowledgment Power Point Truth and Reconciliation Staff Committee The Truth and Reconciliation Commission released 94 Calls to Action in 2015 to redress the legacy of residential schools. Many of the Calls to Action are directed to municipal government, as well as other levels of government. The Truth and Reconciliation Staff Committee was formed in 2021 to review the Calls to Action and develop plans for their implementation in Clarington. The Committee is committed to engaging with Indigenous Communities and fostering reciprocal relationships with them through their work. To learn more about the work of the Committee and to get involved, please visit the Committee’s SharePoint site. Page 55 Land Acknowledgment Reference Sheet The Municipality of Clarington’s Current Land Acknowledgment Statement: The Municipality of Clarington is situated within the traditional and treaty territory of the Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties First Nations. Our work on these lands acknowledges their resilience and their longstanding contributions to the area now known as the Municipality of Clar ington. Pronunciation It is essential to use correct pronunciation when delivering the statement as it shows the effort being made and respectfully acknowledges Indigenous communities Chippewas – chip-uh-WUHS Anishinabeg – uh-NISH-in-NAH-bek Reason Delivering the land acknowledgment statement raises awareness about Indigenous presence and their land rights. It recognizes the history and effects of colonialism while taking steps towards reconciliation. The statement is delivered at the beginning of meetings or events. Education Learning about the land one resides on is key to understanding the magnitude of the statement and the power it holds in reconciliation and relationship building. Clarington's land acknowledgment statement was prepared with the consultation and expertise of Alderville First Nation Chief Dave Mowat. Meaningful and Personal Commitment When delivering the statement, one must truly reflect on the weight the land acknowledgment holds. This results in the statement being spoken with understanding as opposed to a mandatory practice. This can be done by sharing personal stories and compassion. Empathy, effort, understanding, and sincerity are positive steps towards reconciliation and relationship building. Page 56 Page 2 References for Extra Information:  Clarington to Acknowledge Indigenous Land  Reading Clarington’s Land Acknowledgment Statement  Ontario Treaties and Reserves  Past, Present & Future of Scugog First Nations  Reasons for Delivering the Land Acknowledgment Statement  Pronunciations of Various Indigenous Lands Page 57 Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 1 of 4 Number: CP-Year-00# Type: Political Governance Title: Inclusion, Diversity, Equity, Anti-Racism and Accessibility Training Plan for Council Owner: CAO Office, Corporate Performance Division Approved By: Council Approval Date: April 3, 2023 Effective Date: April 3, 2023 Revised Date: Click or tap to enter a date. Applicable to: Members of Council 1. Legislative or Administrative Authority: Truth and Reconciliation Call to Action #57: “We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties, and Aboriginal rights, Indigenous law, and Aboriginal- Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.” 2. Purpose: To support Members of Council in recognizing, understanding, and addressing racism and discrimination. 3. Scope: All Members of Council, within the first 18 months of each Term of Council. 4. Definitions: All definitions shared from Ontario Human Rights Commission’s Glossary of Terms Aboriginal Peoples: a collective name for the original people of North America and their descendants. The Canadian Constitution (the Constitution Act, 1982) recognizes Page 58 Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 2 of 4 three groups of Aboriginal Peoples – First Nations, Métis, and Inuit – as separate peoples with unique heritages, languages, cultural practices, and spiritual beliefs. Note, this term is no longer widely used. Accessibility: a general term for the degree of ease that something (e.g., device, service, physical environment, and information) can be accessed, used, and enjoyed by persons with disabilities. The term implies conscious planning, design and/or effort to make sure something is barrier-free to persons with disabilities. Accessibility also benefits the general population, by making things more usable and practical for everyone, including older people and families with small children. Anti-Racism: an active and consistent process of change to eliminate individual, institutional, and systemic racism as well as the oppression and injustice racism causes. Cultural competence: an ability to interact effectively with people of different cultures, particularly in human resources, non-profit organizations, and government agencies whose employees work with persons from different cultural/ethnic backgrounds. Cultural competence has four components: 1. Awareness of one's own cultural worldview 2. Attitude towards cultural differences 3. Knowledge of different cultural practices and worldviews 4. Cross-cultural skills (developing cultural competence results in an ability to understand, communicate with and effectively interact with people across cultures. Diversity: the presence of a wide range of human qualities and attributes within an individual, group, or organization. Diversity includes such factors as age, sex, gender, gender identity, race, ethnicity, physical and intellectual ability, religion, sexual orientation, educational background, and expertise. Equity: fairness, impartiality, even-handedness. A distinct process of recognizing differences within groups of individuals and using this understanding to achieve substantive equality in all aspects of a person’s life. Gender identity: a person’s conscious sense of maleness and/or femaleness. This sense of self is separate and distinct from one’s biological sex. Page 59 Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 3 of 4 Inclusion: appreciating and using our unique differences – strengths, talents, weaknesses, and frailties – in a way that shows respect for the individual and ultimately creates a dynamic multi-dimensional organization. Indigenous: generally used in the international context, refers to peoples who are original to a particular land or territory. This term is very similar to “Aboriginal” and has a positive connotation. Systemic barrier: a barrier embedded in the social or administrative structures of an organization, including the physical accessibility of an organization, organizational policies, practices and decision-making processes, or the culture of an organization. These may appear neutral on the surface but exclude members of groups protected by the Human Rights Code. Systemic discrimination: patterns of behaviour, policies or practices that are part of the social or administrative structures of an organization, and which create or perpetuate a position of relative disadvantage for groups identified under the Human Rights Code. 5. Policy Requirements: The Inclusion, Diversity, Equity, Anti-Racism and Accessibility (IDEAA) training plan would be offered in a phased approach over the first 18 months of each Term of Council in a variety of formats including in-person, self-directed online learning, and virtual. After completing the IDEAA training program, returning Members of Council will be provided with any updated training material for review, but will not be required to retake the training sessions. Topics covered will include, but are not limited to, Indigenous Cultural Awareness, Anti- Racism, Gender Diversity, Unconscious Bias, Cultural Competency, and Accessibility. 6. Roles and Responsibilities: Council is responsible for: Attending and actively participating in scheduled training sessions and self-directed learning. Page 60 Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 4 of 4 7. Related Documents: Not applicable 8. Inquiries: Inclusion, Diversity, Equity, and Anti-Racism Officer, diversity@clarington.net 9. Revision History: Date Description of Changes Approved By Page 61