HomeMy WebLinkAbout05-08-2023 JointClar*wn
Joint General Government and Planning and
Development Committees
Post -Meeting Agenda
Date: May 8, 2023
Time: 9:30 AM
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 Iatenaude@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of
Council and Committee meetings. If you make a delegation or presentation or attend, the
Municipality will be recording you and will make the recording
public by 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
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.
Joint Committees
Pages
1. Call to Order
2. Land Acknowledgement Statement
3. Declaration of Interest
4. Announcements
5. Public Meetings
6. Presentations/Delegations
6.1 Cynthia Davis, President and CEO, Lakeridge Health, Regarding an 4
Update on the Health of Durham Region
7. Reports/Correspondence Related to Presentations/Delegations
8. Communications
8.1 Minutes of the Newcastle Village Community Hall Board dated April 18, 13
2023
9. Staff Reports and Staff Memos
9.1 Planning and Development Services
9.1.1 PDS-033-23 Initiating Clarington's Official Plan Review 17
9.2 Public Works
9.2.1 PWD-004-23 Orono Parking Study 25
9.3 Emergency and Fire Services
9.3.1 ESD-001-23 Fire Services By-law and Fire Services 31
Agreements
9.4 Community Services
9.4.1 Mayor's Golf Tournament Proceeds (Mayor Foster) 67
9.5 Legislative Services
Page 2
Joint Committees
9.5.1 LGS-017-23 Procedural By-law Review and Update 68
9.6 Financial Services
9.6.1 FSD-022-23 2024 Budget Schedule 154
9.6.2 FSD-021-23 Supply and Deliver One Tandem -Axle Cab and 162
Chassis (Multi -Year Contract)
10. Unfinished Business
11. Questions to Department Heads/Request for Staff Report(s)
12. Confidential Items
12.1 Closed Minutes of the Newcastle Village Community Hall Board dated
April 18, 2023
12.2 CAO-011-23 Proposed Changes to Agreement of Purchase and Sale
12.3 LGS-018-23 OLT Appeal — BV Courtice Partners GP Ltd. (Trolleybus
Urban Developments)
12.4 LGS-016-23 Collective Bargaining with Clarington Professional Fire
Fighters' Association, Local 3139
13. Adjournment
Page 3
n
won
Lakeridge Healt
Clar'ington Cour
May 8, 2023
Nv
h Update to
Icil
Page 4
a
Lakeridge
Health
r
• Relentlessly pursuing and leading
a robust strategy of healtM'5I!,;
integration.
• Connecting services from primary
care to community care to
hospitals to long-term care so they
work as one.
• Empowering people to live their
best health.
AM—
-- Scugcg
Pickering
Whitby
Ajax
Qshaw
Page 5
Bowmanville Hospital Redevelopment
• 178 bed capacity development:
• Renovations for parts of the existing building.
• New Ambulatory Care Centre and a
nine -station Hemodialysis Centre.
• Roof -top helipad, vertically connected to the
Emergency Department.
• Six level parking structure.
• Preliminary site work in May 2023.
• Request For Qualifications in early 2024.
• Construction to begin: Fall 2025.
One System. Best Health.
Page
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Lakeridge
Health
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Target opening: Fall 2027
•. New State-of-the-ArtSurgical Centre
Jerry Coughlan
Health & Wellness Centre (JCHWC)
• Fall 2023 completion.
• New Lakeridge Health Day Surgical Centre
and a wide range of supporting services.
• Will decrease surgical backlogs and ensure
residents in Durham Region receive the care
they need, when they need it.
• Collaborative providers offering primary care,
diagnostics, lab, and pharmacy services.
Lakeride
Health
One System. Best Health.
Page
0
Improving Access to Long -Term Care
Lakeridge Gardens Long -Term Care Home
celebrated its first anniversary milestone in
March.
We are proposing long-term care homes at
some of our sites across the Region.
Long-term care and innovative partnerships to
assist in easing our Alternate Level of Care
(ALC) pressures
Exploring innovative models of care to address
growing needs of seniors in Clarington and
across the Region, from supportive housing to
long-term care.
t
Lrakeride
Health
One System. Best Health.
Page
.
Increasing Access to Primary Care
Primary Care Hubs to ensure health of the
population and connect every Durham Region
resident to a primary care provider.
• Leverage partnerships with our Durham Ontario
Health Team and existing providers.
New Queen's-Lakeridge Health MD Family
Medicine Program will help create more primary
care capacity in Durham Region.
New Department of Family and Community
Medicine to coordinate development of the
regional primary care network.
of the
4)
Lakeridge
health
Vlslts tf
urgent care clinics in
Clarington are patient
with no local family
doctor.
Source: Clarington Board o
V Q
8eeiys
UNIVERSITY
Laidge
Health
One System. Best Health.
MeetingGrowinga
Population
Brooklin
Seaton
± 80,000
± 70,000
Hwy 407
Proposed
Site
TOWN OF
WHITBY
ro7j
'
TOWN OF
N
r AJAX
West Whitby
_ 21,000
Hwy 401
i
Columbus
± 9,000
Windfield
± 13,000
CITY OF
OSHAWA
Lakeridge
Health
Kedron
± 22,000
One System. Best Health.
Page
7
Partnering with Community to Increase
Access to Care and System Capacity
Durham Ontario Health Team (DORY)
• DOHT functions as a connector to primary and
community care.
New Mental Health Strategic Plan
• The roadmap to deliver a more integrated system of
mental health and substance use care.
• Enables Lakeridge Health to lead a transformation in
mental health service delivery, while providing clients
with the right care, at the right time, in the right
place.
Together,
Best Mental
Health:
Mental Health and
Substance Use
Services Strategy
2022-2026
®Lakeridge
HeaHh
One System. Best Health.
Page
i0i
Page
41 #o*.�
NEWCASTLE COMMUNITY HALL
1
1923 - 2023
NEWCASTLE COMMUNITY HALL BOARD
Tuesday April 18 2023
Main Hall 7 PM
Present Were: Crystal Yaki, Chair
Barry Carmichael, Zoom
Willie Woo, Regional Councilor
Peter Martin
Sharon Grant -Young
Janeen Calder
Also Present: Gabrielle Bell, Secretary
Kevin Symak, Custodial/Maintenance
Eileen Parry, Newcastle Horticulture Society
0
1. LAND ACKNOWLEDGEMENT
- Presented by C. Yaki
2. HORTICULTURE SOCIETY
- Eileen Parry, Treasurer of Newcastle Horticulture Society
- Newcastle Horticulture Society presented Board with $1000.00 towards
flowers for gardens. May be used to beautify the gardens for the 1001n
celebration i.e. pots on the steps.
- History on Horticulture Society (see attached)
Page 13
- Vicki Muscat, President will be reaching out to discuss memorial planting
or plaque for deceased members.
- Board thanked Society for the beautiful plantings in the urns.
3. APPROVAL OF AGENDA
Motion by J. Calder, seconded by B. Carmicheal
"Carried"
4. APPROVAL OF MINUTES
Motion by P. Martin, seconded by J. Calder
That March minutes are accepted as circulated. "Carried"
5. CUSTODIAL REPORT— Kevin Symak
- Risk Management Report - Two fire extinguishers failed inspection —
Municipal contact has been informed
- Front door handle was broken over weekend - it has been repaired, but
not sure it will hold. Work order will be submitted to Municipality for
repair
- Electrical outlets in main hall have been repaired or replaced. There are
now 3 USB outlets included.
- Refurbishment of lantern in front entrance is coming along, awaiting
glass from Rona. Should be completed in approximately a week.
- Have contacted Gillett and ? in England regarding the clock. Company
was thrilled to hear clock is such great condition 100 years after install.
They will be sending copy of original bill of sale and schematics.
- Request for a laptop — has investigated one at Costco for $699.00
- Has contacted Durham Waste to discuss garbage pick up and has a plan
in place with their direction.
- C. Yaki shared complimentary letter from client on service received from
staff
6. BUSINESS ARISING
Page 14
a) Curtain update
- Arrival end of April, install scheduled for mid -May
b) Roof rescheduled to April 20tn
c) A/C update
- March 241" received update that report should be ready for ?
- At this time report has not been received. C. Yaki will follow up on
this.
7. FINANCIAL REPORT
Motion by P. Martin , seconded by S. Grant -Young
That financial report is accepted as circulated "Carried"
A Finance Committee has been formed to streamline reporting and budget.
Crystal Yaki, Sharon Grant -Young and Gabrielle Bell
P. Martin suggested investing some of dollars sitting in General Account.
In future Chair requested that Committees submit a report prior to meeting
to be sent out with the agenda. To be submitted Friday prior to monthly
meeting.
8. INVOICES
N/A
9. CORRESPONDENCE
- Myno Van Dyke requesting permission to clean the old jail door and
frame for display 100t" events. (see attached)
Motion by B. Carmichael, seconded by J. Calder
That we approve that the jail door be removed from the Hall by M.
Van Dyke and allow him to build a wood frame around the door for
display at the hall.
"Carried"
- Diversity Truth and Reconcilliation package received from
Municipality. Question to Municipality will we be included in this
training.
10.100TH COMMITTEE UPDATE — C. Yaki
- Minutes of 1001" Committee meeting April 11 have been circulated to
Board members.
Page 15
- BIA banners will be installed on May 8
- K. Symak will be copied on minutes
11XILLAGE CONCERTS — J. Calder/G. Bell
- Band list almost finalized
- Tribute band sponsored by BIA will not be happening as cost is too
much.
- First concert scheduled for June 20tn
- Facebook post asking for additional sponsors — need 6 more
- BIA has sent out email as well requesting sponsors
12.HOTEL CALIFORNIA
- Janeen, Sharon, Peter, Crystal Willie, Kevin will be available to assist
with set up and running of event.
13.NEW BUSINESS
a) Gardens — B. Carmichael
- 2023 garden committee - Pat Thexton, Barry Carmichael
- Municipality to supply specs of contract for maintenance
- There will be some removal of plants and new plantings
- Mulch will be ordered
b) In Camera
Page 16
Clarftwn
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: May 8, 2023 Report Number: PDS-033-23
Submitted By: Carlos Salazar, Director of Planning and Development Services
Reviewed By: Mary -Anne Dempster, CAO By-law Number:
File Number: PLN 42 Resolution#:
Report Subject: Initiating Clarington's Official Plan Review
Recommendation:
1. That Report PDS-033-23, and any related delegations or communication items, be
received for information;
2. That the Special Meeting of Council to initiate the update to the Official Plan be held on
June 27, 2023, and advertised in accordance with the provisions of the Planning Act to
hear submissions from the public on this matter; and
3. That all interested parties listed in Report PDS-026-23 and any delegations be advised
of Council's decision.
Page 17
Municipality of Clarington
Report PDS-033-23
Report Overview
Page 2
The Clarington Official Plan is our main policy document that establishes the long-term
vision for our Municipality, manages growth and development, and guides capital investment
decisions now and into the future.
Municipalities are required to update their Official Plans every five years. The Clarington
Official Plan was last updated in 2018, and is due for a review to:
• Ensure the vision for the Municipality continues to meet the community's evolving
needs;
• Align with recent changes in provincial policy and legislation; and
• Conform to the new Durham Regional Official Plan.
A Special Meeting of Council is required to initiate an Official Plan Review.
The funding to undertake the Official Plan Review was approved as part of the Planning and
Infrastructure Department budget for 2022. Now that Durham's new Regional Official Plan is
nearing completion, the timing is right to commence the review of our Official Plan.
The purpose of this report is to initiate the process to update the Clarington Official Plan,
through an Official Plan Review under Section 26 of the Planning Act. A Special Meeting of
Council will be scheduled for June 27, 2023, to discuss the revisions that may be included as
part of the Review and hear from members of the public.
1. Background
What is an Official Plan?
1.1 An Official Plan is a strategic planning document that establishes a policy framework to
guide the physical, social, environmental, and economic development of a municipality
to ensure land and resources are used efficiently and sustainably, and to protect for
public health and safety.
1.2 The Official Plan is a document that outlines possibilities and sets aspirations for what
we want our Municipality to become. It affects every resident, business, and landowner
in Clarington. Council decisions about development applications, neighbourhood needs
and functions, and capital investments are required to align with the Official Plan.
1.3 Specifically, the Official Plan directs:
• Which forms of housing and densities are appropriate in certain locations (e.g.,
major transit station areas, along major roads, within existing neighbourhoods);
• How to support economic development, attract investment, and generate local jobs;
• Where and how environmental features are to be protected and buffered;
• How to preserve our agricultural land base in the long-term and support agricultural
industry and local food production;
Page 18
Municipality of Clarington
Report PDS-033-23
Page 3
• Which roads need to be widened to accommodate growth and how they are to be
designed for pedestrians, bicycles, public transit, and private vehicles;
• Where parks, trails and recreation spaces will be located and how they will be
connected;
• How the Municipality will invest in community spaces, facilities, and services; and
• How to zone property, regulating how each property can be used and developed.
Clarington is growing and evolving
1.4 Our communities are not static, and we need to ensure our Official Plan is updated
regularly to remain relevant and keep pace with Clarington's evolving needs.
1.5 Currently at approximately 107,000 residents, Clarington has been the fastest growing
Municipality in Durham Region between 1996 and 2021. Strong population growth and
increasingly diverse population demographics are expected to continue over the next 30
years to reach our 2051 forecast of 221,000 people and 70,300 jobs, representing
increases of 110 percent and 135 percent, respectively (Figure 1).
Growth Forecasts �N
Job Creation 2021— 2051: 40, 400- 135%
Population Increase 2021 — 2051
115.700 -110%
iu,aw
221,000
9,900 105,00I
2021 2051 2021 2051
Figure 1: Growth Forecasts for Clarington, 2021-2051
1.6 New areas of development and redevelopment to accommodate and service
Clarington's growing population will bring higher -density neighbourhoods (e.g., major
transit station areas) and built forms (e.g., high-rise apartments) that function differently
and have different needs than the traditional low -density, ground -related residential
neighbourhoods that have comprised much of Clarington's past growth.
1.7 As Clarington is expected to become home to an additional 115,000 residents, and
support 40,000 new jobs, it is essential that we plan for our future growth in a way that
is thoughtful, appropriate, and suppoOssgthe,Vues of our residents and businesses.
Municipality of Clarington
Report PDS-033-23
2. Updating the Official Plan
Page 4
2.1 Clarington's current Official Plan was last updated in 2018 and has a planning horizon of
2031.
2.2 The Official Plan has a vision that focuses on:
Each of our urban and rural communities building on their individual character while
fostering a common economic base and collective image; and
• A Clarington where people, businesses and governments work together to balance
growth with protection, management and enhancement of rural landscapes, cultural
heritage, and natural resources in a manner that emphasizes high quality design in
place making.
2.3 This vision will continue to guide Clarington's growth and development. However, it is
time to update the Official Plan to ensure it continues to (i) align with Clarington's
Strategic goals to foster engaged communities, support environmental sustainability,
and support responsible growth of housing and employment opportunities (ii) meet the
evolving needs of our residents and businesses, and (iii) conform to applicable
provincial and regional policies and plans.
Ensure the Clarington Official Plan continues to meet local needs
2.4 Since the time of the last Official Plan update in 2018, the Municipality has either
completed or is undertaking various initiatives that will inform the Official Plan Review to
make sure the update to the Plan aligns with the Municipality's needs current and long-
term needs. These include:
• Clarington Strategic Plan
• Clarington Economic Development Strategy, 2022
• Development Charges Background Study, 2020
• Clarington Waterfront Strategy Update (ongoing)
• Active Transportation Master Plan (commencing shortly)
• Parks, Recreation, and Culture Master Plan (commencing shortly)
Provincial Policy and Legislation is Changing
2.5 The Clarington Official Plan must conform with provincial legislation and planning
documents. Since the last update, there have been numerous significant changes to
provincial legislation and policy affecting land use planning in Clarington, including but
not limited to:
• Provincial Policy Statement, 2020
• A Place to Grow: Growth Plan, 2020
• Amendments to the Planning Act (e.g., Bill 109 (More Homes for Everyone Act,
2022) and Bill 23 (More Homes, Built Faster Act, 2022))
• Amendments to the Development Charges Act and Ontario Heritage Act
Page 20
Municipality of Clarington Page 5
Report PDS-033-23
2.6 In November 2022, the Province passed Bill 23 (More Homes, Built Faster Act, 2022)
introducing significant and sweeping changes to Ontario's land use planning framework
and municipal processes that need to be implemented through the Official Plan Review.
These changes have substantial impacts on how municipalities plan for and finance
growth and development in support of healthy and sustainable communities.
Specifically, the changes implemented through Bill 23:
Table 1: Changes to be Implemented through the Update to the Official Plan as a result of Bill 23
Mandatory Land
Within one year of the Bowmanville and Courtice Major Transit Station
Use Permissions
Areas being approved by the Province, Clarington's Official Plan and
to Enable
Zoning By-law must be updated to include minimum heights and
Increased Density
densities for the areas.
The Official Plan must be updated to align with the new permissions
for permit as -of -right, up to three residential units on an urban
residential lot, and to remove certain parking requirements and
direction on minimum unit sizes.
Parkland
Bill 23 reduced alternative parkland dedication rates by half and allows
Requirements and
landowners to identify land they intend to provide for parkland,
Development
including allowing for encumbered parkland/strata parks, and privately
Charges
owned publicly accessible parks. These changes affect how Clarington
is able to plan for, acquire and fund parkland for the community, and
must be implemented as part of the Official Plan Review.
New reductions to and exemptions from development charges for
affordable and attainable housing will require consideration manage
this revenue decrease to ensure communities continue to be planned
with the supportive spaces and services they require.
Restricting Site
The Official Plan update will consider how to continue to encourage
Plan and Urban
high quality urban design as an integral component of great place -
Design Tools
making and community -building.
Cultural Heritage
Changes to the Ontario Heritage Act implemented higher threshold
Conservation
criteria, making if more difficult to protect cultural heritage resources.
The Official Plan update will consider policies and tools that can be
used to support the conservation of Clarington's cultural heritage.
Municipal
Durham Region has been identified as an upper -tier municipality
Planning
without planning responsibilities (see subsection 2.11, below)
Framework
Natural Heritage
The Review will look at how to best align with the changes to
and the Role of
provincial natural heritage policies and wetland policies, while
Conservation
continuing to plan for and protect natural heritage features and
Authorities
functions. This will include how to compensate for the substantial
removal of Conservation Authorities' natural heritage expertise from
the development approvals process.
Application
Updates to policies relating to complete applications, study terms of
Processing and
reference, and pre -consultation will be considered to address changes
Timelines
to the development approvals process implemented through Bill 109.
Page 21
Municipality of Clarington Page 6
Report PDS-033-23
2.7 More recently on April 6, 2023, the Province released a new draft Provincial Planning
Statement and proposed Bill 97 (Helping Homebuyers, Protecting Tenants Act, 2023).
Both documents are currently posted on Environmental Registry of Ontario for review
and comment. The approval of the proposed Provincial Planning Statement would
eliminate the Growth Plan and the existing Provincial Policy Statement, 2020. Staff will
be reporting on this matter in a separate report in advance of the Province's
commenting deadline. These changes would also have to be considered as part of our
Official Plan Review.
Durham Region has completed a new Regional Official Plan
2.8 Section 27 of the Planning Act requires Clarington to amend its Official Plan to conform
to upper -tier official plans within one year of the upper -tier official plan coming into
effect.
2.9 Durham Region has almost completed its Envision Durham Official Plan Review
exercise and is expected to adopt the new Regional Official Plan on May 17t", after
which it will be sent to the Province for review and approval.
2.10 The Region's new Official Plan establishes population and employment targets for
Clarington to the year 2051, identifies urban expansion areas for the 2051 planning
horizon, and delineates Major Transit Station Areas in Courtice and Bowmanville. Our
Official Plan must be updated to appropriately consider and incorporate these growth
allocations.
2.11 Staff notes as part of the Planning Act changes introduced through Bill 23, Durham
Region will eventually become an upper -tier municipality without planning
responsibilities, at which time the Regional Official Plan would be assumed by Durham's
area municipalities. These changes are not expected to come into force until winter
2024 at the earliest, however staff will consider their impact as part of the Official Plan
Review.
The Planning Act has requirements for municipalities to update Official Plans
2.12 In addition to the considerations noted above, subsection 26 (1) of Planning Act requires
municipalities to update their Official Plans no less frequently than every five years to
ensure they conform to provincial plans, have regard for matters of provincial interest,
and be consistent with provincial policy statements.
2.13 To initiate an Official Plan Review, subsection 26(3) of the Planning Act directs Council
to (i) consult with the Region of Durham as the approval authority and other public
agencies, and (ii) requires that Council hold a `special meeting' open to the public to
discuss the revisions that may be required as part of the Official Plan Review.
Page 22
Municipality of Clarington Page 7
Report PDS-033-23
3. Official Plan Review Process
Special Meeting of Council
3.1 It is recommended that the required Special Meeting be held on June 27, 2023, in the
Council Chambers at the Municipal Administrative Centre (MAC). This meeting will be
open to the public. As required by the Planning Act, the meeting will be advertised a
minimum of six weeks in advance through the local newspapers, the website, Planning
and Infrastructure Services e-newsletter, and through the Municipality's social media
channels.
3.2 To assist the public in preparing their submissions, staff will prepare an introductory
discussion paper outlining key issues and the general scope of the review. The
discussion paper will be released at least two weeks prior to the Special Meeting.
Scope of work to be considered
3.3 The above provides a general outline of the legislative requirements that govern the
review of municipal Official Plans.
3.4 An Official Plan Review is a large undertaking, consisting of a wide variety of
components and issues, including growth management, natural heritage, rural and
agricultural systems, employment areas, and servicing and transportation infrastructure.
Consulting services will be required assist with the scope work required to complete the
Review.
3.5 Staff is drafting a Terms of Reference for the Official Plan Review that will identify the
process and work program to retain the necessary consulting services. The draft Terms
of Reference would be revised as necessary in accordance with comments received at
the Special Meeting of Council.
4. Public Engagement Considerations
4.1 Community and stakeholder engagement through out the Official Plan Review is
essential to updating the Clarington Official Plan in a way that successfully captures the
needs and desires of the community.
4.2 The holding of a Special Meeting of Council to discuss what might be required as part of
our Official Plan Review and hear from residents and stakeholders on the matter
represents the first opportunity of many that will be part of a comprehensive consultation
program for this project.
5. Financial Considerations
5.1 Funding for the Official Plan Review was approved as part of the 2022 Planning and
Infrastructure Department budget and has been carried forward for use in completing
this project.
Page 23
Municipality of Clarington
Report PDS-033-23
6. Concurrence
Page 8
6.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendation.
7. Conclusion
7.1 The purpose of this report is to initiate the process to update the Clarington Official Plan,
through an Official Plan Review under Section 26 of the Planning Act. A Special
Meeting of Council will be scheduled for June 27, 2023, to discuss revisions to the
Clarington Official Plan that may be required as part of the Review.
7.2 To assist the public in preparing their submissions, staff will prepare an introductory
discussion paper outlining key issues and the general scope of the review, to be
released approximately two weeks prior to the Special Meeting.
Staff Contact: Sarah Allin, Principal Planner, sallin@clarington.net or 905-623-3379 ext. 2419
or Lisa Backus, Manager, Community Planning, Ibackus a().clarington.net or 905-623-3379 ext.
2413.
Interested Parties:
List of Interested Parties available from Department.
Page 24
Clarftwn
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: May 8, 2023 Report Number: PWD-004-23
Submitted By: Stephen Brake, Director of Public Works
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Orono Parking Study
Recommendations:
1. That Report PWD-004-23 and any related delegations or communication items, be
received; and
2. That all interested parties listed in Report PWD-004-23 and any delegations be
advised of Council's decision.
Page 25
Municipality of Clarington
Report PWD-004-23
Report Overview
Page 2
At Council's request in August of 2022, staff completed a parking study in
downtown Orono throughout the Spring of 2023. The review was to examine the existing
parking supply and demand that primarily serves retail, commercial and institutional land
uses in downtown Orono. This report discusses the findings of the parking study.
1. Background
1.1 In August 2022, a member of the Orono Downtown Business Improvement Area
expressed concerns about the capacity of on -street parking and submitted a request
that the Municipality of Clarington provide a parking lot dedicated to Orono downtown
customers. In turn, Council requested that the parking demand data in downtown Orono
be updated. As a result, Public Works staff initiated a review of the situation and have
completed updated parking counts for the area.
1.2 For the purposes of this update, the study area was defined based on previous study
limits completed in 2016 and is generally associated with available on -street parking
between 5270 and 5367 Main Street, Park and Centreview Streets between Main Street
and Church Street and Church Street between Park Street and Centreview Street. A
map showing the study area and on -street parking arrangements is provided in Figure 1
below.
Page 26
Municipality of Clarington
Report PWD-004-23
Orono Downtown
Parking Study Area ago
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Location No. Spaces
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121 Church St- (E. Side) 10
entreview St. (N- Side) 6
Total 59
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3274 UT7 192 Legend
E2711 5271 .••••• No Parking
Permitted Parking
52E5
Figure 1 — Map of the Orono Downtown Parking Study Area
2. Approach
2.1 An inventory of the available on -street parking was conducted to confirm the study limits
and verify any potential changes to the posted parking regulations. When compared to
previous studies, there was a decrease of one parking spot, due to previously
incorporated changes addressing intersection sightlines and operational safety. There
are currently 59 available on -street parking spots within the study limits, including two
stalls on the west side of Main Street marked and signed as accessible.
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Municipality of Clarington Page 4
Report PWD-004-23
2.2 For analysis and summary purposes, the study area was divided into five sections, as
follows:
• Section 1 — west side of Main Street
• Section 2 — east side of Main Street
• Section 3 — Park Street
• Section 4 — Church Street
• Section 5 — Centreview Street
3. Data Collection and Analysis
3.1 The data collection involved a confirmation of the occupancy status for each parking
stall at the time of each study. Staff inspected the study area 10 times, including various
times during a weekday and a weekend. The weekend studies targeted favorable
weather as being a major influencing factor due to the various antique businesses being
the focal points on Saturdays. Parking occupancy data was collected as follows:
• Friday February 24, 2023, at 9 am, 12 pm and 4 pm
• Wednesday, March 8, 2023, at 9 am, 12 pm and 4 pm
• Friday March 31, 2023, at 9 am and 12 pm
• Saturday, April 15, 2023, at 12 pm and 4 pm
A summary of the data is shown in Figure 2 below.
Friday Sunny
Feb 24, 2023 -10,
Wednesday Sunny
March 8, 2023 0°
Time of
Study
Parking
Study
Location
Occupied Spaces
versus Available
Spaces
Percent
Occupancy
Time of
Study
Parking
Study
Location
Occupied Spaces
versus Available
Spaces
Percent
Occupancy
9AM
Section 1
5/19
26.3
9AM
Section 1
3/19
15.8
9AM
Section 2
7/19
36.8
9AM
Section 2
6/19
31.6
9AM
Section 3
1/5
20
9AM
Section 3
1/5
20
9AM
Section 4
2/10
20
9AM
Section 4
3/10
30
9AM
Section 5
0/6
0
9AM
Section 5
1/6
16.7
Total
15/59
25.4
Total
Total:19/59
32.2
12PM
Section 1
13/19
68.4
12PM
Section 1
6/19
31.6
12PM
Section 2
15/19
78.9
12PM
Section 2
9/19
47.4
12PM
Section 3
5/5
100
12PM
Section 3
4/5
80
12PM
Section 4
6/10
60
12PM
Section 4
8/10
80
12PM
Section 5
3/6
50
12PM
Section 5
2/6
33.3
Total
42/59
71.2
Total
Total:29/59
49.2
Page 28
Municipality of Clarington
Report PWD-004-23
Page 5
Friday Sunny
Feb 24, 2023 -100
Wednesday Sunny
March 8, 2023 0°
4PM
Section 1
10/19
52.6
4PM
Section 1
5/19
26.3
4PM
Section 2
12/19
63.2
4PM
Section 2
10/19
52.6
4PM
Section 3
2/5
40
4PM
Section 3
1/5
20
4PM
Section 4
4/10
40
4PM
Section 4
8/10
80
4PM
Section 5
0/6
0
4PM
Section 5
1/6
16.7
Total
28/59
47.5
Total
Total:25/59
42.4
Friday Light Rain
March 31, 2023 01
Saturday Sunny
April 15, 2023 24°
Time of
Study
Parking
Study
Location
Parking Space
Occupancy
Percent
Occupancy
Time of
Study
Parking
Study
Location
Parking Space
Occupancy
Percent
Occupancy
9AM
Section 1
5/19
26.3
12PM
Section 1
12/19
63.2
9AM
Section 2
7/19
36.8
12PM
Section 2
15/19
78.9
9AM
Section 3
3: 1/5
20
12PM
Section 3
5/5
100
9AM
Section 4
2/10
20
12PM
Section 4
10/10
100
9AM
Section 5
0/6
0
12PM
Section 5
6/6
100
Total
Total:15/59
25.4
Total
Total:48/59
81.4
12PM
Section 1
8/19
42.1
4PM
Section 1
11/19
57.9
12PM
Section 2
12/19
63.2
4PM
Section 2
10/19
52.6
12PM
Section 3
4/5
80
4PM
Section 3
3/5
60
12PM
Section 4
2/10
20
4PM
Section 4
10/10
100
12PM
Section 5
2/6
33.3
4PM
Section 5
1/6
16.7
Total
Total:28/59
47.5
Total
Total:35/59
59.3
Figure 2 — Summary of data from four days of parking surveys in downtown Orono.
3.2 The results of the survey have shown that during the study dates, the overall parking
demand was approximately 48% of the available inventory. The busiest periods and
sections appear to be on a Saturday surrounding the antiques vendors, especially along
Park Street, Church Street and Centreview Street. However, the remaining sections
provided sufficient parking as alternatives.
3.3 While the complaint was to address suspected parking over the 3-hour limit, which in
turn prevents business patrons from finding parking, the study demonstrated that there
is a sufficient supply of parking spaces at various times during the typical business
operating hours of the downtown Orono businesses.
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Report PWD-004-23
4. Financial Considerations
Not Applicable.
5. Concurrence
This report has been reviewed by the Deputy CAO/Solicitor who concurs with the
recommendations.
6. Conclusion
The updated parking data concludes that there is currently a sufficient supply of on -
street parking in Downtown Orono. Should any triggers arise within the Orono
Downtown Business Improvement Area, that would create an increase in parking
demand, follow-up studies are suggested.
It is respectfully recommended that the current on -street parking supply remain
unchanged.
Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 extension 2315 or
spotrykus@clarington.net.
Attachments:
Not Applicable
Interested Parties:
List of Interested Parties available from Department.
Page 30
Clarington
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: May 8, 2023 Report Number: ESD-001-23
Submitted By: Dave Speed, Fire Chief, CEFS
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Fire Services By-law and Fire Services Agreements
Recommendations:
1. That Report ESD-001-23 be received;
2. That Council approve the revised Clarington Emergency and Fire Services
Governing Bylaw, Attachment 2 to Report ESD-001-23, repealing By-law 2017-033;
3. That the Mayor and Clerk be authorized to sign the Fire Protection Services
agreement with Oshawa effective June 1, 2023, Attachment 3 to Report ESD-001-
23; and
4. That the Mayor and Clerk be authorized to sign the revised Automatic Aid
agreement between Port Hope and Clarington effective June 1, 2023, Attachment 4
to Report ESD-001-23.
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Municipality of Clarington
Report ESD-001-23
Report Overview
Page 2
The Mayor and Council use the Emergency and Fire Services Governing By-law to set the
service levels provided by Clarington Fire and Emergency Services (CEFS) to the
Clarington community. The existing By-law 2017-033 requires modifications to accurately
reflect services that are and are not currently provided by CEFS, to remove items that are
regulated under the authority of the Fire Protection and Prevention Act, and to add items
that are recommended by CEFS to be included.
Should Council approve the updated Fire Services Governing By-law as recommended, there
are rescue services that may be required beyond the Awareness level that are not provided by
CEFS. It is therefore recommended that Clarington enter into a Fire Protection Services
agreement with Oshawa Fire Services to have them provide them on a requested pay per usage
basis.
The existing Automatic Aid agreement with Port Hope has been separated from the Fire Services
Governing By-law as a stand-alone agreement and has been updated to include an additional
response coverage area, and some additional agreement language.
1. Background
Fire Services Governing By-law
1.1 In 2017, the Emergency and Fire Services Governing By-law was updated through
Report ESD-002-17 and By-law 2017-033. Since that time, the CEFS Master Fire Plan
and Community Risk Assessment have been developed, and By-law 2017-033 requires
updating to reflect the current needs and risks of the Clarington community.
Fire Protection Services Agreement
1.2 CEFS has previously received some training in rescue types that occur infrequently in
Clarington. However, this training is time consuming and costly and is not justified
considering the number of times these rescue types have occurred. Following a review
of rescue types in Clarington over the previous 10 years, it is clear that high angle
rescue, trench rescue, building collapse rescue, confined space rescue, and non -
shore -based water rescues have not been required to be performed.
1.3 These specialty rescue types, while infrequent, may be needed in the future in our
growing community, and it is therefore prudent for Clarington to have a response plan
in place to address them. Oshawa Fire Services has been providing these services and
is willing to sign an agreement to provide them to Clarington.
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Municipality of Clarington
Report ESD-001-23
Page 3
1.4 Automatic Aid Agreement — Automatic Aid agreements are used to provide services to
the public in areas of a municipality that can be reached faster by another municipality.
Fire crews are dispatched `automatically' based upon the agreement parameters. It is
different from a Mutual Aid agreement where a municipality requests assistance at an
emergency upon depletion of its resources.
1.5 Automatic Aid agreements are used extensively throughout Durham Region and
Northumberland County. Clarington has existing Automatic Aid agreements with
Oshawa Fire Services for overlapping areas of highways 401 and 407, and with Port
Hope for overlapping areas of highway 401.
1.6 The Automatic Aid agreement with Port Hope is currently included as part of the
Emergency and Fire Services Governing By-law. It has been separated out of the By-
law and has been updated following meetings with Port Hope Fire.
2. Proposal
Recommended Amendments to the Fire Services Regulating By-law
2.1 Part 1: Definitions
• Awareness Level — new
• Community Emergency Management Coordinator (CEMC) — new
• Emergency — amended.
• High Angle — removed.
• Rope Rescue Level I — removed.
• Volunteer Firefighter — removed.
• Water and Ice Rescue Level II - removed.
2.2 Part 2: Establishment
2.2.1. New— 2.3, "there shall be one Fire Chief appointed by by-law, and there shall be two
Deputy Chiefs. The Fire Chief shall report to the CAO and will perform the duties of the
CEMC under the Authority of the EMCPA".
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Municipality of Clarington
Report ESD-001-23
2.3 Part 4: Property/Apparatus Use - Eliminated
Page 4
2.3.1. These statements are Departmental Policy and do not require the authority of Council to
enact.
2.4 Part 5: Fire Suppression - Eliminated
2.4.1. These powers are granted to Fire Departments through the Fire Protection and
Prevention Act and do not require the authority of Council.
2.5 Parts 6, 7 — Mutual/Automatic Aid Outside the Limits of the Municipality; Mutual Aid or
Automatic Aid or Other Related Expenses
2.5.1. Content revised and placed into new Part 4 — Emergency Responses Outside the
Territorial Limits of the Municipality of Clarington
2.6 Part 8 — Interference - Eliminated
2.6.1. 8.1, 8.2 and 8.5 are enforceable under the Fire Protection and Prevention Act, and do
not require the authority of Council to enforce.
2.6.2. 8.3 and 8.4 are Fire Department operational policies and procedures that are
implemented by CEFS on scene, with the support of DRPS as needed, and do not
require the authority of Council to enforce.
2.7 Part 9: Offences - Eliminated
2.7.1. With the elimination of content in Parts 4 and 8, there is no need for a Part to reference
offences. Any contraventions of the Fire Protection and Prevention Act or the Fire Code
will be enforced through the relevant legislation.
2.8 Part 10: Conflict
2.8.1. Wording remains intact, and moved to new Part 5
2.9 Part 11: Severability
2.9.1. Wording remains intact, and moved to new Part 6
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Municipality of Clarington Page 5
Report ESD-001-23
2.10 Part 12: Enforcement and Enactment
2.10.1. Wording remains intact, and moved to new Part 7
Appendix "A" Core Services
2.11 Section 1 Fire Suppression and Emergency Response
2.11.1. 1.1 Revised to include "as appropriate" to recognize that there are circumstances that
may dictate which suppression service can be provided. Example — the ability to safely
perform offensive mode fire operations is dependant upon a minimum number of fire
personnel on scene.
2.11.2. 1.2 Revised to eliminate "medical acts such as defibrillation, standard first, CPR,
EPIPEN Assistance..." as this is captured under "Base Hospital protocols". Added
"delivered to the tiered response level determined by the Fire Chief".
2.11.3. 1.3 Special Rescue services have been broken out into separate sections for each
service. Revised section 1.3 refers to vehicle extrication.
2.11.4. 1.4 Revised to eliminate statements about highly technical and specialized rescue
services, and to specify that "rope/slope rescue response services will be delivered at
the Operations level".
2.11.5. 1.5 Revised to specify that "Surface water and ice search and rescue response
services will be delivered to provide land -based rescue".
2.11.6. 1.6 New — "Elevator emergency rescue response services shall be delivered".
2.11.7. 1.7 Revised to specify that "Hazardous materials response services will be delivered at
the Operations level".
2.11.8. 1.8 New — "Other: Trench search and rescue, confined space search and rescue,
switch water search and rescue, structural collapse search and rescue response
services will be performed at the Awareness level".
2.12 Section 2 Training Services
2.12.1. New — Broken out of Section 1 into its own Section to specify the standards that fire
staff are trained to.
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Municipality of Clarington Page 6
Report ESD-001-23
2.13 Section 3 Fire Prevention and Public Education Services
2.13.1. Revised Sections 2 and 3 to combine into one Section
2.13.2. Eliminated 2.3, 3.2 and 3.3 as they are required under the Fire Protection and
Prevention Act, and do not require the authority of Council.
2.14 Section 4 Emergency Dispatching and Communications - Eliminated
2.14.1. Covered through the other standards and legislation. Council approves any emergency
dispatching and communications agreements as part of the Purchasing process.
Final Recommendations
2.15 It is recommended that the Fire Protection Services Agreement with Oshawa Fire
Services be approved by Council to provide specialty rescue services to Clarington
upon the request of CEFS.
2.16 CEFS will maintain operational command of all rescue emergencies, with Oshawa Fire
Services becoming a rescue sector under CEFS Command.
2.17 There will be no cost to the Municipality unless the specialty rescue services covered
under the agreement are utilized.
2.18 It is recommended that the revised Automatic Aid Agreement with Port Hope be
approved by Council to provide authority to CEFS to respond to the On Route location
in Port Hope on the south side of the 401 eastbound lanes. Despite its location in Port
Hope, CEFS can arrive on scene faster than Port Hope Fire due to its location. Port
Hope will still respond and will be required to drive in the westbound lanes of the 401,
exit at Newtonville Road, turn around and respond on the eastbound lanes.
3. Financial Considerations
3.1 Should specialty rescue services be required under the Fire Protection Services
Agreement with Oshawa Fire Services, costs will be incurred as per the Agreement.
Based on historical levels of use, an annual expense has not been included in the
budget. When specialty services are required, any expense would be funded in
accordance with the Operating Surplus/Deficit Policy with assistance of the Deputy
CAO/Treasurer.
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Municipality of Clarington
Report ESD-001-23
4. Concurrence
Page 7
This report has been reviewed by the Deputy CAO/Solicitor, and Deputy CAO/Treasurer
who concur with the recommendations
5. Conclusion
It is respectfully recommended that Council approve the recommendations of this
report.
Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or dspeed@clarington.net.
Attachments:
Attachment 1 — Existing Fire Services Governing By-law
Attachment 2 — Recommended Fire Services Governing By-law
Attachment 3 — Recommended Fire Protection Services Agreement with Oshawa Fire Services
Attachment 4 — Recommended Automatic Aid Agreement with Port Hope
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 37
Attachment 1 to Report ESD-001-23
The Corporation of the Municipality of Clarington
By -Law 2017-033
Being a By-law Governing the Emergency and Fire Services, and the Provision of
Mutual Aid and Automatic Response, and to Repeal By-law 2010-077.
Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended,
(FPPA) requires every municipality to establish a program in the municipality which
must include public education with respect to fire safety and certain components of fire
prevention and to provide such other Fire Protection Services as it determines may be
necessary in accordance with its needs and circumstances;
Whereas the FPPA permits a municipality, in discharging these responsibilities, to
establish a Fire Department;
Whereas the FPPA permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
Whereas the FPPA requires a Fire Department to provide fire suppression services and
permits the Fire Department to provide Prevention and other Fire Protection Services in
the municipality.
Whereas the Council of the Municipality of Clarington deems it necessary to update the
provisions in the existing By-law 2010-077;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows..
Part 1
Definitions
1.1 In this by-law, unless the context otherwise requires,
a) "approved" means approved by Council;
b) "Automatic Aid" means a municipality agrees where possible to the
provision of an initial or supplemental response to fires, rescues, and
emergencies that may occur in a part of another municipality where a fire
department in the municipality is capable of responding more quickly than
any fire department situated in the other municipality with services
invoiced as or if appropriate;
c) "CAO" means the Chief Administrative Officer appointed by Council to act
as Chief Administrative Officer for the Corporation;
d) "CEFS" means Clarington Emergency and Fire Services;
-1-
Page 38
e) "Chief" means the person appointed by the Council or designate to act as
Fire Chief for the Corporation and is ultimately responsible to Council as
defined in the FPPA;
f) "confined space" means a fully or partially enclosed space in accordance
with Health and Safety regulations;
g) "Corporation" means The Corporation of the Municipality of Clarington;
h) "Council" means the Council of the Corporation;
i) "Deputy Fire Chief(s)" means the person(s) with that title who may act on
behalf of the Fire Chief in the case of any absence of the Fire Chief or a
vacancy in the office of the Fire Chief. (If the title changes the
responsibility will reside with the person taking on the duties);
j) "Division" means a Division of the Fire Department;
k) "emergency" defined to include an unforeseen event that involves
imminent danger to the life, health and safety of any person and includes
medical assistance or non -fire emergency such as a storm, flood or
another Act of God;
1) "Emergency Response Plan" means an emergency plan formulated under
the prevailing Emergency Management and Civil Protection Act or any
other related Act which specifies procedures to be taken for the safety or
evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and
provide for such other matters as are considered necessary of advisable
for the implementation of the emergency plan during an emergency;
m) "Fire Department" means the Municipality of Clarington Emergency & Fire
Services;
n) "firefighter" means a fire chief and any other person employed in, or
appointed to, a fire department and assigned to undertake fire protection
services, and includes a volunteer firefighter;
o) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c
4, as may be amended from time to time, or any successor legislation, and
any regulation made thereunder;
p) "Fire Protection Services" includes fire suppression, fire prevention, fire
safety education, communications, training of persons involved in the
provision of Fire Protection Services, rescue and emergency services and
the delivery of all those services;
q) "Hazardous Materials Awareness Level" means the responder shall be
that person who responds to hazardous material incidents for the purpose
of recognizing the presence of the hazardous material, calling for trained
personnel, and securing the area;
-2-
Page 39
r) "Hazardous Materials Operations Level" means the responder shall be that
person who responds to hazardous material incidents for the purpose of
protecting nearby persons, the environment, or property from the effects of
the release. Operations level responders use personal protective
equipment, perform product control, and perform victim rescue;
s) "high angle" means an environment in which the load is predominately
supported by a rope rescue system;
t) "HUSAR" means Heavy Urban Search and Rescue;
u) "Member" means any person employed in or appointed to the Fire
Department and assigned to undertake Fire Protection Services;
v) "Mutual Aid" means where the Council has made an agreement or plan
with another municipality or Region, or at the discretion of the Chief as
provided for herein, for the provision of any personnel, service, equipment
or material during an emergency;
w) "Rope Rescue Level 1" means the responder shall be that person who
responds to rope rescue incidents and completes an assignment while
being lowered from a rope rescue system in a high -angle environment,
given a rope rescue system, life safety harnesses, so that risks to the
victims and rescuers are minimized;
x) "tiered response" means the process of dispatching police, fire and
ambulance to what is determined to be a life threatening situation. Tiered
response endeavors to send the closest appropriate emergency response
agency, based on time, to render assistance at the scene of an emergency
incident until the primary response agency can arrive; and
y) "volunteer firefighter" means a firefighter who provides fire protection
services either voluntarily or for a nominal consideration, honorarium,
training or activity allowance.
-3-
Page 40
z) "Water and Ice Rescue Level II" means the responder shall be that person
who responds to situations with water rescue personal protective
equipment, vessels, swim/rescue aids as required, so that the specified
objective is reached, all performance parameters are achieved, movement
is controlled, hazards are assessed, distress signals are communicated,
and rapid intervention for the rescuer has been staged for deployment.
Part 2
Establishment
2.1 The Fire Department was established by By-law #84-68 and 94-172 which was
repealed in By-law # 2007-134 for the purpose of updating references to reflect
current terminology and practice. Despite repeal of past By-laws, the Fire
Department will continue with services and organization as has been and as
may be amended and approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection
Services and any other service as approved by Council for the Corporation and
shall be known as the Clarington Emergency & Fire Services. (Department
name may be amended by Council from time to time).
Part 3
Core Services
3.1 For the purposes of this By-law core services provided by the Fire Department
will be as per Appendix "A" forming part of this By-law.
3.2 Nothing in this By-law will restrict the Fire Department to providing only core
services or limit the provisions of Fire Protection services, as set out/covered
under appointing by-law, as approved by Council.
Part 4
Property/Apparatus Use
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any
apparatus, equipment or other property belonging to or used by the Fire
Department.
- 4 -
Page 41
Part 5
Fire Suppression
5.1 The Fire Department may suppress any fire or suspected other hazardous
condition by extinguishing it or by other reasonable action and, for this purpose,
may enter private property, if necessary or deemed necessary to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with
the assistance of the municipal or other equipment and services available; when
considered necessary to prevent the spread of fire, or other hazardous
situation.
Part 6
Mutual and Automatic Aid Response Outside the Limits of the Municipality
(Automatic and Mutual Aid Agreements)
A) Aid to the Municipality of Clarington (requested by the Municipality)
6.1 The Fire Department may request other municipalities to provide mutual aid and
other qualified persons to assist in,
a) extinguishing fires;
b) pulling down or demolishing any structure;
c) crowd and traffic control;
d) suppression of fires or other hazardous conditions in other reasonable
ways; or
e) determining the origin, cause or circumstances of any fire or explosion, if it
is deemed necessary to retain a private contractor, rent/lease heavy
equipment or specialized equipment, specialized services, and associated
persons then those costs may be billed to the property owner and
collected by the Municipality by means as determined in this by-law.
B) By the Municipality of Clarington to others (response outside the limits)
6.2 The Fire Department shall respond where possible, to a call with respect to a
fire or emergency outside the territorial limits of the Corporation with respect to
a fire or emergency including non -fire emergencies under the following
conditions:
a) In the opinion of the Fire Chief or designate of the Fire Department,
conditions threaten property outside the territorial limits of the Corporation
that is owned or occupied by the Corporation;
b) In a municipality with which an approved automatic aid or mutual aid
agreement has been entered into to provide Fire Protection Service or
other emergency assistance, including Oshawa and Port Hope prevailing
By-laws as established;
-5-
Page 42
c) At the discretion of the Fire Chief, to a municipality participating in any
regional or Municipal mutual aid plan established by a Fire Co-ordinator
appointed by the Fire Marshal or any similar reciprocal plan or program, or
as determined necessary by the Fire Chief;
d) As directed by the Province under Emergency Management Act and Civil
Protection Act or any other prevailing government directive, or legislation
as determined appropriate by the Fire Chief;
e) Coverage/ability when asked to respond and when requesting response
from Municipalities with no formal program or plan is at the discretion of
the Fire Chief, or designate;
f) The Fire Department is not required to respond to requests by private
companies; non government; or incorrect assigned calls;
g) On property beyond the territorial limits of the Corporation where the Fire
Chief or designate determines immediate action is necessary to preserve
life or property and the appropriate fire department is notified to respond
and assume command or establish alternative measures, acceptable to
the Fire Chief or designate, provided it does not compromise our own
Municipal level of service or commitments with the right to withdraw at any
time to service home Municipality's needs; and
h) Any other existing response agreements will continue to operate on
Automatic and Mutual Aid response. Agreements may be amended and
approved by Council from time to time.
Part 7
Mutual Aid or Automatic Aid or Other Related Expenses
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid
agreement or (iii) carrying out any of its duties or functions the Fire Chief or
Deputy Fire Chief determines that it is necessary to incur additional expenses,
retain a private contractor, rent special equipment not normally carried on a fire
apparatus or use more materials than are carried on a fire apparatus in order to
suppress or extinguish a fire, preserve property, prevent a fire from spreading,
control and eliminate an emergency, carry out or prevent damage to equipment
owned by the Corporation or otherwise carry out the duties and functions of Fire
and Emergency Services, the owner of the property requiring or causing the
need for any additional service shall be charged, if appropriate, the costs to
provide the additional service including all applicable taxes. Property shall
mean personal and real property.
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as
per the Province's direction unless otherwise specified. To the extent
reasonably possible materials/supplies will be replaced or cost recovered
excluding cost of manpower and excluding something out of the ordinary unless
-6-
Page 43
determined appropriate to recover. The cost recovery provision should be
incorporated into Automatic and Mutual Aid agreements, where possible.
Part 8
Interference
8.1 No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.2 No person present at a fire shall refuse to leave the immediate vicinity when
required to do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to
remove the apparatus and equipment of the Fire Department and render the
location and vicinity safe from fire, no person, either on foot or with a vehicle of
any kind, shall enter or remain upon or within;
a) the portion of any street or lane upon which the site of the fire abuts or
upon any street or lane for a distance of fifteen (15) metres on each side of
the property damaged by fire; or
b) any additional street or lane or part of a street or lane or any additional
limits in the vicinity of the fire as may be prescribed by the Fire Chief or the
next ranking officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane
or within any prescribed additional limit or any person so authorized to enter or
remain by an officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with
the communication of a fire alarm to the Fire Department or with the Fire
Department responding to a fire alarm that has been activated.
-7-
Page 44
Part 9
Offences
9.1 Every person who contravenes any provisions of this By-law is guilty of an
offence and on conviction is liable to the penalty established by the Provincial
Offences Act, or any other prevailing by-law or legislation, as may be amended
or replaced from time to time, inclusive of costs.
Part 10
Conflict
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the conflict.
Part 11
Severability
11.1 If any section or part of this By-law is found to be illegal or beyond the power of
the Corporation, such section or part of item shall be deemed to be severable
and all other sections or parts of this By-law shall be deemed to be separate
and independent therefrom and to be enacted as such.
Part 12
Enforcement and Enactment
Effective Date of By-law
12.1 This By-law comes into effect the day it is passed by Council.
Repeal of Existing By-law
12.2 By-law 2010-077 and 2001-172 is hereby repealed.
Passed this1 st day of May, 2017
r'
Adrian r, Mayor
e Greentree, Municipal Clerk
-8-
Page 45
Appendix A to By-law 2017-033
Appendix "A"
Core Services
1. Fire Suppression And Emergency Response
1.1 Fire suppression services shall be delivered in both an offensive and defensive
mode and shall include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate.
1.2 Emergency pre -hospital care responses and medical acts such as defibrillation,
standard first aid, CPR, EPIPEN Assistance and the Emergency Medical
Responder Program shall be maintained to Base Hospital protocols as agreed.
1.3 Special rescue services shall include performing extrication using hand tools, air
bags and heavy hydraulic tools as required. Full time firefighters will be trained
in level 1 Basic Rope Rescue Techniques as determined by the Fire Chief.
Water/ice rescue services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to level II if so trained).
1.4 Highly technical and specialized rescue services such as Trench Rescue,
HUSAR and Structural Collapse shall not be provided by Clarington Emergency
& Fire Services. Awareness training in these areas may be provided where
possible.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fulltime firefighters and awareness level by the volunteer
firefighters. In addition to operations level response, the capability for rescue
and emergency decontamination shall be maintained where resources permit.
1.6 The NFPA 1001 Standard for Firefighter Professional Standards, International
Association of Fire Chiefs/National Fire Protection Association "Fundamentals
of Fire Fighter Skills" and other related industry training standards and reference
materials may be used as reference guides for CEFS training as approved by
the Fire Chief. All training will comply with the Occupational Health and Safety
Act and any other applicable provincial legislation.
1.7 Confined Space services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to Operational Level if so trained).
Page 46
Attachment 2 to
Municipality of Clarington Report ESD-002-17
2. Fire Prevention
2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire
investigations shall be provided in accordance with the FPPA and policies of the
fire prevention division.
2.2 New construction inspections and plan reviews of buildings under construction in
matters respective of fire protection systems within buildings shall be conducted
in accordance with the applicable By-law and operating procedures.
2.3 The N.F.P.A. Standard for Fire Prevention Officers shall be used as a reference
guide for fire prevention training.
3. Fire Safety Education
3.1 Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPPA and policies of the departments
Fire Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. Emergency Dispatching and Communications
4.1 The N.F.P.A. Public Safety Telecommunications Standard shall be used as a
reference guide for emergency dispatching and communications and shall
provide the following minimum services;
4.2 Provide emergency call taking and dispatching of emergency vehicles.
4.3 May provide after hour's emergency and non -emergency call taking for
Operations, By-law Services, and other agencies as required.
Page 47
Attachment 2 to Report ESD-001-23
The Corporation of the Municipality of Clarington
By -Law 2023-OXX
Being a By-law Governing the Emergency and Fire Services,
Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended,
(FPPA) requires every municipality to establish a program in the municipality which
must include public education with respect to fire safety and certain components of fire
prevention and to provide such other Fire Protection Services as it determines may be
necessary in accordance with its needs and circumstances;
Whereas the FPPA permits a municipality, in discharging these responsibilities, to
establish a Fire Department;
Whereas the FPPA permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
Whereas the FPPA requires a Fire Department to provide fire suppression services and
permits the Fire Department to provide Prevention and other Fire Protection Services in
the municipality.
Whereas the Council of the Municipality of Clarington deems it necessary to update the
provisions in the existing By-law;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Part 1
Definitions
1.1 In this by-law, unless the context otherwise requires,
a) "approved" means approved by Council;
b) "Automatic Aid" means a municipality agrees where possible to the
provision of an initial or supplemental response to fires, rescues, and
emergencies that may occur in a part of another municipality where a
fire department in the municipality is capable of responding more
quickly than any fire department situated in the other municipality with
services invoiced as or if appropriate;
c) Awareness Level — The level at which personnel have been trained to
recognize the hazards and risks of an emergency, and who are
expected to protect themselves, call for trained personnel, and secure
the scene.
d) "CAO" means the Chief Administrative Officer appointed by Council to
act as Chief Administrative Officer for the Corporation;
Attachment 2 to Report ESD-001-23
e) CEFS" means Clarington Emergency and Fire Services;
f) "Chief" means the person appointed by the Council or designate to act
as Fire Chief for the Corporation and is ultimately responsible to
Council as defined in the FPPA;
g) "Community Emergency Management Coordinator" — ("CEMC"). Means
a position identified in the Emergency Management and Civil Protection
Act, 1990, c. E.9, as amended ("EMCPA") as being responsible for the
development, implementation, review and maintenance of the
Emergency Management Plan for the Town of Whitby;
h) "confined space" means a fully or partially enclosed space in
accordance with Health and Safety regulations;
i) "Corporation" means The Corporation of the Municipality of Clarington;
j) "Council" means the Council of the Corporation;
k) "Deputy Fire Chief(s)" means the person(s) with that title who may act
on behalf of the Fire Chief in the case of any absence of the Fire Chief
or a vacancy in the office of the Fire Chief. (If the title changes the
responsibility will reside with the person taking on the duties);
1) "Division" means a Division of the Fire Department;
m) "emergency" means an unforeseen event that involves imminent
danger to the life, health and safety of any person and includes, but is
not limited to fires, medicals, motor vehicle collisions, hazardous
material incidents, rescues, or weather related events such as a
storms, floods or other Acts of God;
n) "Emergency Response Plan" means an emergency plan formulated
under the prevailing Emergency Management and Civil Protection Act
or any other related Act which specifies procedures to be taken for the
safety or evacuation of persons in an emergency area, provides for
obtaining and distributing materials, equipment and supplies during an
emergency and provides for such other matters as are considered
necessary or advisable for the implementation of the emergency plan
during an emergency;
o) "Fire Department" means the Municipality of Clarington Emergency &
Fire Services;
2
Page 49
Attachment 2 to Report ESD-001-23
p) "firefighter" means a fire chief and any other person employed in, or
appointed to, a fire department and assigned to undertake fire
protection services, and includes a volunteer firefighter;
q) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O.
1997, c 4, as may be amended from time to time, or any successor
legislation, and any regulation made thereunder;
r) "Fire Protection Services" includes fire suppression, fire prevention, fire
safety education, communications, training of persons involved in the
provision of Fire Protection Services, rescue and emergency services
and the delivery of all those services;
s) "Hazardous Materials Operations Level" means the responder shall be
that person who responds to hazardous material incidents for the
purpose of protecting nearby persons, the environment, or property
from the effects of the release. Operations level responders use
personal protective equipment, perform product control, and perform
victim rescue;
t) "Member" means any person employed in or appointed to the Fire
Department and assigned to undertake Fire Protection Services;
u) "Mutual Aid" means where the Council has approved an agreement or
plan with another municipality or Region, or at the discretion of the
Chief as provided for herein, for the provision of any personnel, service,
equipment or material during an emergency;
v) "tiered response" means the process of dispatching police, fire and
ambulance to what is determined to be a life threatening situation.
Tiered response endeavours to send the closest appropriate
emergency response agency, based on time, to render assistance at
the scene of an emergency incident until the primary response agency
can arrive;
Part 2
Establishment
2.1 The Fire Department was established by By-law #84-68 and 94-172.. Despite
repeal of past By-laws, the Fire Department will continue with services and
organization as has been and as may be amended and approved by Council
from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection
Services and any other service as approved by Council for the Corporation and shall
be known as the Clarington Emergency & Fire Services, and the head of the
Department shall be known as the Fire Chief.
3
Page 50
Attachment 2 to Report ESD-001-23
2.3 There shall be one Fire Chief appointed by by-law, and there shall be
two Deputy Chiefs. The Fire Chief shall report to the CAO and will
perform the duties of the CEMC under the authority of the EMCPA.
Part 3
Core Services
3.1 For the purposes of this By-law core services provided by the Fire Department
will be as per Appendix "A" forming part of this By-law.
Part 4
Emergency Responses Outside Limits of the Town of Clarington
4.1 The Fire Department shall not respond to a call with respect to a fire or an
emergency incident outside the limits of the Town of Clarington except with
respect to a fire or an emergency;
a) that in the opinion of the Fire Chief threatens property in the Town of
Clarington or property situated outside the Town of Clarington that is
owned or occupied by the Corporation;
b) in a municipality with which an agreement has been entered into to
provide fire protection services,
c) on property with respect to which an agreement has been entered into
with any person or corporation to provide fire protection therefore;
d) at the discretion of the Fire Chief, to a municipality authorized to
participate in the Durham Region Mutual Aid plan established by the
Regional Fire Coordinator appointed by the Ontario Fire Marshal,
emergency fire service plan and program or any other organized plan or
program on a reciprocal basis;
e) on those highways that are under the jurisdiction of the Ministry of
Transportation or other agency within the Town of Clarington for which
an automatic aid agreement has been entered into.
f) on property beyond the Town of Clarington's border where the Fire Chief
or his or her designate determines that immediate action is necessary to
preserve and protect life and/or property and the correct department is
notified to respond and/or assumes command or establishes alternative
measures acceptable to the Fire Chief or designate; or
g) response due to a request for special assistance as required through a
declaration of a provincial or federal emergency and such request has
been approved by the Fire Chief, the CAO and the Head of Council.
Part 5
Conflict
4
Page 51
Attachment 2 to Report ESD-001-23
5.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the
conflict.
Part 6
Severability
6.1 If any section or part of this By-law is found to be illegal or beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and all
other sections or parts of this By-law shall be deemed to be separate and
independent therefrom and to be enacted as such.
Part 7
Enforcement and Enactment
Effective Date of By-law
7.1 This By-law comes into effect the day it is passed by Council.
Repeal of Existing By-law
7.2 By-law xxxxx is hereby repealed.
Passed this day of ,
5
Adrian Foster, Mayor
, Municipal Clerk
Page 52
Appendix A — Core Services
1. Emergency Response
Attachment 2 to Report ESD-001-23
1.1 Fire suppression response services shall be delivered in both offensive and
defensive modes and shall include, but not limited to search and rescue
operations, forcible entry, ventilation, exposure protection, and salvage and
overhaul
1.2 Emergency pre -hospital care response services shall be maintained to Base
Hospital protocols and delivered at the tiered response level determined by the
Fire Chief.
1.3 Vehicle extrication and rescue response services shall be delivered using air
bags, heavy hydraulic tools, e-tools, etc.
1.4 Rope/slope rescue response services will be delivered at the Operations level.
1.5 Surface water and ice search and rescue response services will be delivered to
provide land -based rescue.
1.6 Elevator emergency rescue response services shall be delivered.
1.7 Hazardous materials response services to be delivered at the Operations level.
1.8 Other: Trench search and rescue, confined space search and rescue,
swiftwater search and rescue, structural collapse search and rescue response
services will be performed at the Awareness Level.
2. Training Services
2.1 The National Fire Protection Association (NFPA) Standards and other related
industry training standards and reference materials shall be used as reference
guides for the Training Division as approved by the Fire Chief. All training will
comply with the Occupational Health and Safety Act, R.S.O. 1190, c. 0.1, as
amended and applicable provincial legislation
3. Fire Prevention and Public Education Services
3.1 Inspections arising from complaint, request, retrofit, or self -initiated; fire
investigations; and examination and review of fire protection elements of
building permit plans shall be provided in accordance with the FPPA and
Departmental policies, and Town by-laws.
3.2 Public education programs shall be administered in accordance with the
FPPA and Departmental policies.
0
Page 53
Attachment 3 to Report ESD-001-23
Specialized Fire Rescue Agreement
This AGREEMENT made this _1st_ day of June, 2023
BETWEEN:
THE CORPORATION OF THE CITY OF OSHAWA
("OSHAWA")
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("CLARINGTON")
RECITALS
1. Subsection 2(5) of the Fire Protection and Prevention Act, 1997 provides that a
municipality may enter into an agreement to:
(a) provide such fire protection services as may be specified in the agreement to
lands or premises that are situated outside the territorial limits of the
municipality, and;
(b) receive such fire protection services as may be specified in the agreement
from a fire department situated outside the territorial limits of the municipality.
IN CONSIDERATION OF the mutual covenants, provisions and conditions contained
herein, the receipt and sufficiency of which each of the parties hereby irrevocably
acknowledges, and for other good and valuable consideration, OSHAWA and
CLARINGTON agree as follows:
1.0 INTERPRETATION
1.01 Definitions: Wherever a term set out below appears in the text of this
AGREEMENT in capital letters, the term shall have the meaning set out for it in
this Section 1.01. Wherever a term below appears in the text of this
AGREEMENT in regular case, it shall be deemed to have the meaning ordinarily
attributed to it in the English language.
(a) AGREEMENT means this Specialized Fire Rescue Agreement including the
recitals and any schedules which form an integral part of it, as amended from
time to time.
(b) INCIDENT means an emergency operation that occurs within the geographic
limits of CLARINGTON, which involves Clarington Emergency and Fire
Services as the initial responder.
(c) INITIAL RESPONSE SERVICES means the provision of an initial response to
an INCIDENT by Clarington Emergency and Fire Services designed to
address the adverse effects of the INCIDENT.
(d) OSHAWA means The Corporation of the City of Oshawa. Oshawa Fire
Services is OSHAWA's fire services department.
(e) RESPONSE means the delivery of SPECIALIZED RESCUE SERVICES by
Oshawa Fire Services pursuant to a request by Clarington Emergency and
Fire Services' Fire Chief or his/her designate.
Page 54
Attachment 3 to Report ESD-001-23
(f) SPECIALIZED RESCUE SERVICES means operations level services as
defined by the National Fire Prevention Association, which for greater clarity
may involve elevated rope rescue, confined space rescue, trench rescue,
building collapse stabilization. For hazardous materials response services,
defined by the Ontario Fire Marshall, National Fire Protection Association,
which for greater clarity may involve personal protection equipment, mass
decontamination, technical decontamination, product control, detection
monitoring and public safety sampling, victim rescue and recovery, and illicit
laboratory incidents.
(g) CLARINGTON means The Corporation of the Municipality of Clarington.
Clarington Emergency and Fire Services is CLARINGTON's fire services
department.
1.02 Gender, Plural: All words in this AGREEMENT shall be deemed to include any
number or gender as the context requires.
1.03 Proper Law: This AGREEMENT shall be interpreted according to the laws of the
Province of Ontario.
1.04 Headings: Article, section, clause and/or paragraph headings are for reference
purposes only and shall not in any way modify or limit the statements contained
in the following text.
1.05 Legislation: Reference to federal or provincial statutes or regulations or municipal
by-laws are deemed to refer to the relevant legislation as amended, including
successor legislation.
2.0 TERM
2.01 Term: The term of this AGREEMENT shall be for two (2) years commencing on
April 20, 2023 and ending on April 19, 2025.
2.02 Commencing April 20, 2025, this AGREEMENT shall automatically renew every
year for an additional term of one (1) year until the earlier of the following occurs:
(a) April 19, 2032; or (b) either party provides thirty (30) days written notice
terminating the Agreement.
2.03 OSHAWA shall be entitled to payment of all costs incurred pursuant to this
AGREEMENT prior to the date of termination.
K111=111610[6Z019i110N40[M4101y_10110us] 1114►kI
3.01 Clarington Emergency and Fire Services: Upon the occurrence of an INCIDENT,
Clarington Emergency and Fire Services shall respond in the first instance. The
Clarington Emergency and Fire Services' Fire Chief or his/her designate may, in
his/her discretion at any time, make a request for Oshawa Fire Services to
provide SPECIALIZED RESCUE SERVICES. The Parties acknowledge and
agree that nothing in this AGREEMENT shall relieve or release Clarington
Emergency and Fire Services of its responsibility to respond with respect to an
INCIDENT.
3.02 Oshawa Fire Services: Upon receiving a request from the Clarington Emergency
and Fire Services' Fire Chief or his/her designate for SPECIALIZED RESCUE
SERVICES, Oshawa Fire Services shall provide a RESPONSE, subject to the
availability of Oshawa Fire Services' resources. Accordingly, the Parties
acknowledge and agree that Oshawa Fire Services shall have no obligation to
respond in circumstances involving equipment failure or malfunction or
attendance by Oshawa Fire Services at another INCIDENT or emergency
2
Page 55
Attachment 3 to Report ESD-001-23
situation occurring within or outside of the geographic limits of OSHAWA or any
other like circumstance.
3.03 Command: When Oshawa Fire Services and Clarington Emergency and Fire
Services provide a simultaneous or joint response to an INCIDENT, the Incident
Commander for Clarington Emergency and Fire Services shall be in charge of
and shall assume overall responsibility for the command of the INCIDENT.
However, Oshawa Fire Services shall have full autonomy with respect to its
provision of SPECIALIZED RESCUE SERVICES. Oshawa Fire Services will
communicate through the Clarington Emergency and Fire Services Incident
Commander while responding to an INCIDENT.
3.04 Incident Management: The Parties acknowledge and agree that the incident
management system shall be utilized by Oshawa Fire Services and Clarington
Emergency and Fire Services with respect to an INCIDENT.
4.0 COSTS
4.01 If Oshawa Fire Services attends to the site of an INCIDENT and provides
SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the
following amounts within sixty (60) days of receiving an invoice from OSHAWA:
(a) The current remuneration rate for fire response services on provincial
highways as established by the Ministry of Transportation (Ontario), plus
HST, for the first hour or part thereof wherein SPECIALIZED RESCUE
SERVICES are provided by Oshawa Fire Services, per piece of
equipment;
(b) The current remuneration rate for fire response services on provincial
highways as established by the Ministry of Transportation (Ontario), plus
HST, for each additional half hour or part thereof, after the first hour,
wherein SPECIALIZED RESCUE SERVICES are provided by Oshawa
Fire Services, per piece of equipment;
(c) The replacement cost for all consumables belonging to Oshawa Fire
Services that are used or damaged in providing the RESPONSE;
(d) Oshawa Fire Services' backfill staffing costs, inclusive of overtime
costs, as per the current collective agreement governing Oshawa Fire
Services, which shall apply to all positions and firefighter classes; and,
(e) Two Thousand Dollars ($2000.00).
4.02 If Oshawa Fire Services attends to the site of an INCIDENT but provides no
SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the
current remuneration rate for fire response services on provincial highways as
established by the Ministry of Transportation (Ontario), plus HST, only with
respect to the first hour or part thereof, per piece of equipment, with such
payment being due within sixty (60) days of CLARINGTON receiving an invoice
from OSHAWA.
3
Page 56
Attachment 3 to Report ESD-001-23
5.0 RELEASE AND INDEMNITY
5.01 No Claims: Neither party shall have any claim, demand, action, charge, cost,
damage, liability, loss, proceeding, suit or expense (including legal fees) against
the other party (inclusive of its respective fire services department, elected
officials, employees, servants and agents) for detriment, damage, loss, accident
or injury of any nature whatsoever or howsoever caused to any person or
property, including employees, buildings, structures, erections, equipment,
material, supplies, motor or other vehicles, fixtures and articles, effects and
things in any manner, based upon, occasioned by or attributable to the execution
of the AGREEMENT or the exercise in any manner of rights arising under the
AGREEMENT ("Claim(s)"), except with respect to such Claim(s) related to or
resulting from the negligent act or omission of the other party (inclusive of its
respective fire services department, elected officials, employees, servants and
agents). Paragraph 5.01 shall survive termination of this AGREEMENT.
5.02 Indemnification: Each party shall at all times indemnify and save harmless the
other party (inclusive of its respective fire services department, elected officials,
employees, servants and agents) from and against any Claim(s) made against
the other party only if and to the extent that such Claim(s) is caused by or results
from the negligent act or omission of the first party (inclusive of its respective fire
services department, elected officials, employees, servants and agents).
Paragraph 5.02 shall survive termination of this AGREEMENT.
5.03 Insurance: For the duration of this AGREEMENT, each party shall procure and
maintain a General Liability (GL) insurance policy written on an occurrence basis
with a liability limit of not less than fifteen million dollars ($15,000,000) in respect
of any one accident or occurrence with the other party named on the policy as
Additional Insured without subrogation, and shall contain a cross liability and/or
severability clause which protects the other party to the same extent as if it was
separately insured. The policy coverage shall include, but is not limited to, third
party bodily injury including death, property damage, personal injury, products
and completed operations. The policy coverage shall be taken out with an
insurance company licensed to carry on the business of insurance in Ontario and
shall be endorsed to provide that the other party is to receive not less than sixty
(60) days' notice in writing in advance of any cancellation, material amendment
or change restricting coverage. Upon execution of the AGREEMENT, each party
shall verify that valid insurance coverage as set out in this AGREEMENT is in
place by submitting an Insurance Certificate to the other party that must be
acceptable in all respects to the other party.
6.0 MISCELLANEOUS
6.01 Notice: Notice or communication to be given pursuant to this AGREEMENT shall
be in writing, and delivered either personally, by prepaid courier or by facsimile,
to the following address, or to such other address as may be designated by such
party by notice given to the other party in accordance with this section:
In the case of Oshawa, to:
Oshawa Fire Services Facsimile: 905-433-0276
Attn.: Oshawa Fire Chief
199 Adelaide Avenue West
Oshawa ON, L1J 7131
4
Page 57
Attachment 3 to Report ESD-001-23
In the case of Clarington, to:
Clarington Emergency and Fire Services Facsimile: 905-623-4840
Attn: Clarington Fire Chief
2430 Highway 2
Bowmanville, ON L1 C 6C8
Receipt of notice shall be deemed on the date of delivery, or five (5) days
following the date of mailing of the notice, whichever is applicable. Either party
may change its address for notice by giving notice of change of address pursuant
to this section.
6.02 Force Maieure: Notwithstanding anything in this AGREEMENT, neither party
shall be in default with respect to the performance of any of the terms of this
AGREEMENT if the non-performance is due to any force majeure, strike, lock-
out, labour dispute, civil commotion, war or similar event, invasion, the exercise
of military power, act of God, government regulations or controls, inability to
obtain material or service, or any cause beyond the reasonable control of the
party. Otherwise, time shall be of the essence in this AGREEMENT and with
respect to all the obligations contained herein.
6.03 Arbitration: All disputes arising between OSHAWA and CLARINGTON in any
matter connected with or arising out of this AGREEMENT shall be referred to a
single arbitrator, if the parties agree upon the arbitrator's identity. Should the
parties be unable to agree upon the identity of an arbitrator, then the matter shall
be referred to a single arbitrator to be appointed by a Justice of the Superior
Court of Justice. The arbitrator shall conduct the arbitration pursuant to the
Arbitration Act, 1991, S.O. 1991, c. 17 and every award or determination shall be
final and binding on the parties, and shall not be subject to appeal. The arbitrator
shall be allowed unfettered and unlimited discretion to determine in each and
every case the solution which best balances the competing interest of the parties
to the arbitration in accordance with this AGREEMENT, and she or he shall not
be bound by the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 in
respect of his or her fees. The arbitrator shall be entitled to award all or part of
her or his fees against any party in accordance with the principles which govern
an award of costs against a non -successful party in a contested matter before
the Superior Court of Justice. In the absence of such an award by the arbitrator,
the arbitrator's costs shall be borne equally by both parties, without regard to
their involvement in the arbitration.
6.04 No Assignment: This AGREEMENT may not be assigned.
6.05 No Successors: This AGREEMENT shall only enure to the benefit of and be
binding upon the parties.
6.06 MFIPPA: This AGREEMENT may be disclosed in response to a request for
records pursuant to the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, Chapter M.56, as amended from time to time.
6.07 Entire Agreement: This AGREEMENT contains the entire agreement between
the parties relating to the SPECIALIZED RESCUE SERVICES identified within
this AGREEMENT and it is agreed that there is no covenant, promise,
agreement, condition precedent or subsequent, warranty or representation or
understanding, whether oral or written, other than as set forth in this
AGREEMENT and this AGREEMENT fully replaces and supersedes any letter,
letter of intent, or other contractual arrangement between the parties related to
previous agreements in existence at the time of execution and delivery of this
AGREEMENT. This AGREEMENT is not part of the Durham Region Mutual Aid
Plan.
5
Page 58
Attachment 3 to Report ESD-001-23
6.08 Partial Invalidity: If any article, section, subsection, paragraph, clause or
subclause or any of the words contained in this AGREEMENT shall be held
wholly or partially illegal or unenforceable by any court of competent jurisdiction,
OSHAWA and CLARINGTON agree that the remainder of this AGREEMENT
shall not be affected by the judicial holding, but shall remain in full force and
effect. The provisions of this AGREEMENT shall have effect, notwithstanding
any statute to the contrary.
6.09 Waiver: No supplement, amendment or waiver of or under this AGREEMENT
(excepting notice of change of address as contemplated in section 6.01) shall be
binding unless executed in writing by the party or parties to be bound thereby
and no waiver by a party of any provision of this AGREEMENT shall be deemed
or shall constitute a waiver of any other provision or a continuing waiver unless
otherwise expressly provided.
6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a joint
venture between OSHAWA and CLARINGTON.
IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the
hands of its proper officers on the date inscribed on the first page of this Agreement.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY
OF OSHAWA
Name: Derrick Clark
Title: Fire Chief
1 have authority to bind the City
Pursuant to section 63 of the By-law 29-
2009, as amended.
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Name: Adrian Foster
Title: Mayor
Name: June Gallagher
Title: Municipal Clerk
1 have the authority to bind the Municipality
6
Page 59
Attachment 4 to Report ESD-001-23
Automatic Aid Agreement
This agreement made in triplicate this day of 12023.
Between:
The Corporation of the Municipality of Port Hope
- and -
The Corporation of the Municipality of Clarington
Recitals
("PORT HOPE")
("CLARINGTON")
1) Subsection 2(6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
provides that a municipality may enter into an automatic aid agreement to provide or
receive the initial or supplemental response to fires, rescues and emergencies.
2) There are areas within the geographic boundaries of each of PORT HOPE and
CLARINGTON to which a fire department in the other municipality is capable of
responding more quickly than a fire department situated within the municipality.
In consideration of the mutual covenants, provisions and conditions contained herein,
and for other good and valuable consideration, PORT HOPE and CLARINGTON
covenant and agree as follows:
1.0 DEFINITIONS/INTERPRETATION
1.01 Definitions: Wherever a term set out below appears in the text of this
AGREEMENT in capital letters, the term shall have the meaning set out for it
in this Section 1.01. Wherever a term below appears in the text of this
AGREEMENT in regular case, it shall be deemed to have the meaning
ordinarily attributed to it in the English language.
a) AGREEMENT means this automatic aid agreement including its recitals and
any schedules which form an integral part of it, as amended from time to
time.
b) AUTOMATIC AID AREA means any or all of Ontario Highway 401 EAST and
401 WEST, located between Exit 448 Newtonville Road, and Exit 464 County
Road 28 Interchange, including the On Route Service Center at exit 456.
c) AUTOMATIC AID RESPONSE means the provision of INITIAL OR
SUPPLEMENTAL RESPONSE SERVICES by a PARTICIPATING FIRE
Page 1 of 7
Page 60
Attachment 4 to Report ESD-001-23
SERVICE for up to one hour. Anything above one hour would be changed to
Mutual Aid.
d) CLARINGTON means The Corporation of the Municipality of Clarington and,
where the context allows, its employees, servants and agents.
e) Port Hope means The Corporation of the Municipality of Port Hope and,
where the context allows, its employees, servants and agents.
f) 401 EAST means the eastbound lanes of Ontario Highway 401 between
Newtonville Road, exit 448 easterly to the Wesleyville Road interchange, exit
456 including the On Route Service Center and its property 452.
g) 401 WEST means the westbound lanes of Ontario Highway 401 between the
Wesleyville Road interchange exit 456 to Newtonville Road, exit 448.
h) HOME FIRE CHIEF means the Fire Chief of the HOME MUNICIPALITY.
i) HOME FIRE SERVICE means the fire service within the HOME
MUNICIPALITY that, but for the provisions of this AGREEMENT, would be
the only fire service responsible for responding to an INCIDENT. For those
parts of 401 EAST and 401 WEST within the territorial limits of PORT HOPE,
HOME FIRE SERVICE means Port Hope Fire Services. For those parts of
401 EAST and 401 WEST within the territorial limits of CLARINGTON,
HOME FIRE SERVICE means Clarington Emergency and Fire Services.
j) HOME MUNICIPALITY means the municipality which receives an
AUTOMATIC AID RESPONSE.
k) INCIDENT means fires, rescues or emergencies that occur in the
AUTOMATIC AID AREA.
1) INITIAL OR SUPPLEMENTAL RESPONSE SERVICES for the purpose of
this AGREEMENT means the provision of an initial or supplemental response
designed to address the adverse effects of an INCIDENT.
m) PORT HOPE means The Corporation of the Municipality of Port Hope and,
where the context allows, its employees, servants and agents.
n) PARTICIPATING FIRE SERVICE means the fire service within the
PARTICIPATING MUNICIPALITY with responsibility pursuant to this
Agreement for providing an AUTOMATIC AID RESPONSE. For those parts
of 401 EAST and 401 WEST within the territorial limits of PORT HOPE,
PARTICIPATING FIRE SERVICE means Clarington Emergency and Fire
Services. For those parts of 401 EAST and 401 WEST within the territorial
Page 2 of 7
Page 61
Attachment 4 to Report ESD-001-23
limits of Clarington, PARTICIPATING FIRE SERVICE means Port Hope Fire
Services.
o) PARTICIPATING MUNICIPALITY means the municipality whose
PARTICIPATING FIRE SERVICE provides an AUTOMATIC AID
RESPONSE.
1.02 Gender Plural: All words in this AGREEMENT shall be deemed to include
any number or gender as the context requires.
1.03 Proper Law: This AGREEMENT shall be interpreted according to the laws of
the Province of Ontario.
1.04 Headings: Article, section, clause and/or paragraph headings are for
reference purposes only and shall not in any way modify or limit the
statements contained in the following text.
1.05 Legislation: Reference to federal or provincial statutes or regulations or
municipal by-laws are deemed to refer to the relevant legislation as
amended, including successor legislation.
2.0 TERM
2.01 Term: The term of the AGREEMENT shall commence on the date that this
Agreement is executed and shall continue indefinitely until either or both
parties provide sixty (60) calendar days written notice to the other party
terminating the AGREEMENT.
2.02 Review: This AGREEMENT shall be reviewed yearly by the Participating Fire
Chiefs.
3.0 AUTOMATIC AID RESPONSE
3.01 AUTOMATIC AID RESPONSE: Upon the occurrence of an INCIDENT, an
AUTOMATIC AID RESPONSE shall be provided by the PARTICIPATING
FIRE SERVICE.
3.02 HOME FIRE SERVICE Response: Notwithstanding any provision within this
AGREEMENT, upon the occurrence of an INCIDENT, the HOME FIRE
SERVICE shall also respond to the INCIDENT.
3.03 Command: -When a HOME FIRE SERVICE and a PARTICIPATING FIRE
SERVICE respond to an INCIDENT, the Incident Commander of the HOME
FIRE SERVICE shall assume responsibility for the overall command of and
coordination of operations in respect of the INCIDENT.
Page 3 of 7
Page 62
Attachment 4 to Report ESD-001-23
3.04 Incident Management System: The Parties acknowledge and agree that the
Incident Management System of the HOME FIRE SERVICE shall be utilized.
4.0 COST
4.01 No -cost Basis: There shall be no cost to the HOME MUNICIPALITY or the
HOME FIRE SERVICE for the provision of an AUTOMATIC AID RESPONSE
by the PARTICIPATING FIRE SERVICE.
5.0 RELEASE
5.01 No Claims: Neither party shall have any claim, demand, action, charge, cost
damage, liability, loss, proceeding, suit or expense (including legal fees)
against the other party (inclusive of its respective fire services department,
elected officials, employees, servants and agents) for detriment, damage,
loss, accident or injury, of any nature whatsoever or howsoever caused to
any person or property, including employees, buildings, structures, erections,
equipment, material, supplies, motor or other vehicles, fixtures, articles,
effects or things in any manner based upon, occasioned by or attributable to
the execution of the AGREEMENT or the exercise in any manner of rights
arising under the AGREEMENT ("Claim(s)"), save and except where the
Claim is caused by or results from a negligent act or omission by the other
party. Paragraph 5.01 shall survive termination of this Agreement.
5.02 Indemnification: Each party shall at all times indemnify and save harmless
the other party (inclusive of its respective fire services department, elected
officials, employees, servants and agents) from and against any Claim(s)
made against the other party only if and to the extent that such Claim(s) is
caused by or results solely from a negligent act or omission by the first party
(inclusive of its respective fire services department, elected officials,
employees, servants and agents). Paragraph 5.02 shall survive termination
of this AGREEMENT.
Page 4 of 7
Page 63
Attachment 4 to Report ESD-001-23
6.0 MISCELLANEOUS
6.01 Notice: Any notice to be given under this AGREEMENT shall be sufficiently
given if delivered or if sent by prepaid first class mail and addressed
to PORT HOPE at:
Port Hope Fire Chief
Port Hope Fire Services
245 Ontario Street
Port Hope, Ontario L1A 2V9
or
to CLARINGTON at:
Clarington Fire Chief
Clarington Emergency and Fire Services
2430 Highway 2
Bowmanville, Ontario L1 C 3K7
Receipt of notice shall be deemed on the date of delivery, or five (5) days
following the date of mailing of the notice, whichever is applicable. Either
party may change its address for notice by giving notice of change of address
pursuant to this section.
6.02 Force Majeure/Time: Notwithstanding anything in this AGREEMENT, neither
party shall be in default with respect to the performance of any of the terms of
this AGREEMENT if any non-performance is due to any force majeure,
strike, lock -out, labour dispute, civil commotion, war or similar event,
invasion, the exercise of military power, act of God, government regulations
or controls, inability to obtain any material or service, or any cause beyond
the reasonable control of the party. Otherwise, time shall be of the essence
of this AGREEMENT and all the obligations contained herein.
6.03 Arbitration: All disputes arising between PORT HOPE and CLARINGTON in
any matter connected with or arising out of this AGREEMENT shall be
referred to a single arbitrator, if the parties agree upon the arbitrator's
identity. Should the parties be unable to agree upon the identity of an
arbitrator, then the matter shall be referred to a single arbitrator, to be
appointed by a Justice of the Superior Court of Justice. The arbitrator shall
conduct the arbitration pursuant to the Arbitration Act, 1991, S.O. 1991 c. 17,
as amended, and every award or determination shall be final and binding on
the parties and shall not be subject to appeal. The arbitrator shall be allowed
unfettered and unlimited discretion to determine in each and every case the
Page 5 of 7
Page 64
Attachment 4 to Report ESD-001-23
solution which best balances the competing interests of the parties to the
arbitration in accordance with this AGREEMENT. The arbitrator shall not be
bound by the provisions of the Arbitration Act, 1991, S.O. 1991 c. 17 in
respect of her or his fees. The arbitrator shall be entitled to award all or part
of her or his fees against any party in accordance with the principles which
govern an award of costs against a non -successful party in a contested
matter before the Superior Court of Justice. In the absence of such an award
by the arbitrator, the arbitrator's costs shall be borne equally by both parties,
without regard to their involvement in the arbitration.
6.04 No Assignment: This AGREEMENT may not be assigned.
6.05 Successors: The rights and liabilities of the parties shall ensure to the benefit
of and be binding upon the parties.
6.06 MFIPPA: This AGREEMENT may be disclosed in response to a request for
records pursuant to the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, Chapter M. 56, as amended from time to time.
6.07 Entire Agreement: This AGREEMENT contains the entire agreement
between the parties relating to the AUTOMATIC AID RESPONSE identified
within this AGREEMENT and it is agreed that there is no covenant, promise,
agreement, condition precedent or subsequent, warranty or representation or
understanding, whether oral or written, pertaining to the AUTOMATIC AID
RESPONSE other than as set forth in this AGREEMENT and this
AGREEMENT fully replaces and supersedes any letter, letter of intent, or
other contractual arrangement between the parties related to the
AUTOMATIC AID RESPONSE in existence at the time of execution and
delivery of this AGREEMENT. The Parties acknowledge and agree that this
AGREEMENT is not part of an Emergency Fire Services Mutual Aid Plan.
6.08 Partial Invalidity: If any article, section, subsection, paragraph, clause or
subclause or any of the words contained in this AGREEMENT shall be held
wholly or partially illegal, invalid or unenforceable by any court of competent
jurisdiction, PORT HOPE and CLARINGTON agree that the remainder of this
AGREEMENT shall not be affected by the judicial holding, but shall remain in
full force and effect. The provisions of this AGREEMENT shall have effect,
notwithstanding any statute to the contrary.
6.09 Waivers: No supplement, amendment or waiver of or under this
AGREEMENT shall be binding unless executed in writing by the party to be
bound thereby and no waiver by a party of any provision of this
AGREEMENT shall be deemed or shall constitute a waiver of any other
provision or a continuing waiver unless otherwise expressly provided.
Page 6 of 7
Page 65
Attachment 4 to Report ESD-001-23
6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a
joint venture between PORT HOPE and WHITBY.
6.11 Execution: This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original copy and all of which, when
taken together, shall be deemed to constitute one and the same Agreement,
and shall be effective when counterparts have been signed by each of the
parties and delivered to the other. A manual signature on this Agreement, an
image of which shall have been transmitted electronically, shall constitute an
original signature for all purposes.
Witness whereof the parties hereto have hereunto affixed their corporate seals duly
attested by the proper signing officers in that behalf.
The Corporation of the Municipality of Port Hope
The Corporation of the Municipality of Clarington
Adrian Foster, Mayor
Page 7 of 7
Page 66
MUNICIPALITY OF CLARINGTON
JOINT COMMITTEES MEETING
RESOLUTION #
DATE: May 8, 2023
MOVED BY Mayor Foster
SECONDED BY Councillor
That the proceeds from the Mayor's Golf Tournament be directed as follows:
• 2023 — Clarington Hospice
• 2024 — Bowmanville Hospital Foundation
• 2025 — Community Living
• 2026 — Big Brothers Big Sisters of Clarington
Page 67
Clarftwn
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: May 8, 2023 Report Number: LGS-017-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Procedural By-law Review and Update
Recommendations:
1. That Report LGS-017-23, and any related delegations or communication items, be
received;
2. That the By-law attached to Report LGS-017-23 as Attachment 1, repealing and
replacing Clarington's Procedural By-law 2021-054, be approved;
3. That the proposed meeting schedule attached to Report LGS-017-23 as Attachment
2, to reflect the changes in the new Procedural By-law, be approved; and
4. That all interested parties listed in Report LGS-017-23 and any delegations be
advised of Council's decision.
'�
Municipality of Clarington
Report LGS-017-23
Report Overview
Page 2
To improve efficiencies related to Council and Committee meeting management, it is
recommended that the Procedural By-law be repealed and replaced with the attached draft
1. Background
Existing By-law
1.1 A municipality's procedural by-law is usually reviewed at least once per term of Council.
1.2 Arising out of Report LGS-017-21, the current Procedural By-law 2021-054 was passed
in 2021. At the time of passing, the by-law maintained many sections while
incorporating changes to improve meeting efficiencies, more accurately reflect the past
practice of Council, allow for a timelier flow of communications, and allow for changing
the use of technology.
1.3 This report presents an updated Procedural By-law for Council's consideration to
coincide with the new term of Council, and includes proposed revisions based on the
feedback received during the previous term of Council.
Principles
1.4 This review of the Procedural By-law is based on the following principles:
• meetings of Council and Committee are limited to the business within their
statutory rights and obligations;
• balance debate with the need to make recommendations and decisions in a
timely manner;
• provide for the hearing/consideration of input from interested parties in a
pragmatic way;
• eliminate rules that cause unnecessary confusion;
• provide for open and transparent governance;
• the business of Council is conducted by all participants with efficiency,
respect, and courtesy; and
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Municipality of Clarington Page 3
Report LGS-017-23
looking for synergies, where possible, with the Region of Durham's
Procedural By-law, so that it's consistent for Clarington's Regional
Councillors.
2. Proposed Changes to the Procedural By-law
General Changes
2.1 Several sections have been reordered, or moved, within the by-law to improve the
readability. Duplication has been removed throughout and sections that just referred to
another section of the by-law have also been removed.
2.2 Definitions have been added, or removed, based on proposed changes in the by-law. Of
note, a definition for "consent agenda" and "debate" have been added.
2.3 The rules found within the Procedural By-law also apply to the Advisory Committees
and Local Boards of Council, where applicable, except as otherwise provided in their
Terms of Reference or by-laws. This has always been the generally accepted practice,
but this formalizes it in the Procedural By-law.
2.4 Suspending a policy, or by-law, previously adopted by Council, would now require the
rules to be suspended by a vote of three-quarters of the Members present and voting.
2.5 General principles have been added to guide the conduct of all Members and to assist
the Chair in determining the correct course of action for any matter not addressed by
the by-law.
2.6 Although it is common practice for the Mayor to be a member ex off icio of committees, it
is now clearly stated in the by-law. The by-law also makes clear that the Mayor's
absence from a meeting does not affect the count towards quorum for that committee.
2.7 The additional instructions regarding the appointment of a Deputy Mayor have been
removed because they were not needed. Council has the flexibility to appoint the
Deputy Mayor how they see fit, which includes the ability to continue the current
practice of appointing two Members as Deputy Mayor's for a 2-year period.
2.8 The "motions section" of the proposed procedural by-law has been updated so that all
the information regarding the specific motion is found in one section. This follows the
template used in the Region of Durham's Procedural By-law and provides far better
readability.
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Municipality of Clarington
Report LGS-017-23
Regular Meeting Schedule
Page 4
2.9 Prior to 2015, the meeting schedule rotated between General Purpose and
Administration Committee and Council meetings. In 2015, Clarington changed to a
three-week rotation of General Government Committee (GGC), Planning and
Development Committee (PDC), followed by Council, and where the meeting fell on a
statutory holiday, the meeting was scheduled for the next business day. As this resulted
in more meetings and some overlap with Regional Tuesday meetings, this was changed
in 2021 to:
• Move the meeting to the following week if it fell on a statutory holiday
• End the meeting schedule, prior to summer recess, in the month of June
rather than "spill over into July" as it typically surrounded a statutory holiday.
2.10 The 2021 change also better reflected the practice within Durham Region (although
didn't go as far as others) where Committee meetings are on the 1 st/2nd week of the
month and the Council meeting is on the 3rd/4t" week resulting in three meetings per
month. Pickering goes a step further and has both committee meetings on one day and
the Council meeting on another week. See Attachment 3 for a summary of the meeting
schedules of the Durham Area Municipalities.
2.11 The draft by-law proposes that the three-week meeting rotation be per month starting in
September 2023 (Attachment 2). The proposed meeting schedule includes a restriction
on regular meetings during September, October, and November in the year of a regular
Municipal Election, during spring break scheduled for schools in Clarington and during
the annual Association of Municipal Clerks and Treasurers of Ontario (AMCTO)
conference. However, the Mayor may call a special meeting during these time periods
should there be a need to address urgent or time sensitive business. The difference in
the number of meetings per year is displayed below. 2023 was not included as it will be
half the current system and half the proposed system.
2024
2025
2026*
Current
33
35
28
Proposed
30
30
22
Difference
3
5
6
*Election year
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Municipality of Clarington Page 5
Report LGS-017-23
2.12 To accommodate a backlog of planning reports and public meetings, Staff have been
requesting the Mayor to call a special meeting at 5 p.m. on the same night as the
Planning and Development Committee meeting. Staff are proposing that this becomes
permanent, and the Planning and Development Committee meetings start at 5 p.m. but
the Planning Public meetings remain at 6:30 p.m. The agenda would be structured, so
that the non-public meeting matters would be first on the agenda. If those matters are
not completed by 6:30 p.m. any remaining matters would pause for the public meeting
items, then recommence after the public meetings have concluded.
Meeting Chair
2.13 The current process of rotating the meeting Chair during the General Government (GG)
Committee meeting based on the department reports creates an inefficient meeting and
does not follow good post-COVID practices. There are always questions about where
the Chair should sit, who the Chair is, if there are enough items on the agenda for that
department to make it worth changing the Chair, among others. Staff are recommending
changing this to a schedule for chairing the GGC meeting. This will still allow
Councillors the opportunity to Chair a meeting but will remove the confusion of changing
during a meeting and should create a more efficient meeting. The schedule for the Chair
of the GG Committee is proposed as:
• Ward 1 Councillor — January and February
• Ward 2 Councillor — March and April
• Ward 3 Councillor — May and June
• Ward 4 Councillor — September and October
• Regional Councillor (who is not appointed as the Chair of the PD Committee
meetings) — November and December
• A Regional Councillor shall be appointed to Chair the PD Committee
meetings by Council.
• In the absence of the Chair, or during July and August, the Mayor shall Chair
the meeting, and in the absence of the Mayor, the Deputy Mayor will Chair.
Land Acknowledgement Statement
2.14 To accommodate future changes to the wording, and use of the Land
Acknowledgement Statement, and to reflect Council's passing of the Land
Acknowledgement Guidelines (arising out of Report CAO-009-23), the specific wording
of the Land Acknowledgement Statement has been removed from the by-law. Advisory
Committees and Municipal Service Boards are also now required to state a land
acknowledgement statement at the beginning of their meetings.
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Municipality of Clarington Page 6
Report LGS-017-23
Presentations
2.15 The requirement for "information presentations" to be placed on the ECCIP, and
requiring a Council member to request to hear it has been removed. This is a
cumbersome process that made it far more inefficient and rarely occurred.
2.16 Presentations are defined in the Procedural By-law as those that are requested by
Council, civic recognition / awards, presentations by Staff or consultants retrained by
the Municipality and from senior levels of government. Due to their nature a time limit of
10 minutes does not make sense. For example, the annual budget presentations, or the
student awards presented by Council, take over an hour. To require Council to pass a
motion to extend their time is inefficient when it is known they are going to take more
than 10 minutes. Therefore, it is proposed to be removed.
Delegations
2.17 A restriction on delegations speaking to a previous decision of Council within the same
term of Council that the decision was made has been added. The exception being if a
member of Council brings forward a motion to reconsider or re -introduce that matter or
a report on that matter is on the agenda. Once a decision is made by Council, that is the
direction that is followed. There should be no need to continue to have delegations on
that matter unless a member of Council decides they would like to re -introduce it. As
stated above, this restriction is only applicable to the same term of Council, as future
Council's may change that decision.
2.18 As per a recommendation by Clarington's Integrity Commissioner, no delegations will be
allowed to speak to the Integrity Commissioner's report regarding a Member of Council.
2.19 A limit of 15 delegations per meeting has also been added, which was not included
previously. Although this has not been an issue in the past, it does provide a limit to
control the length of the meeting. If a meeting garners more than 15 delegations, it
makes sense to split the matters across multiple meetings. This is not intended to
restrict delegations speaking to a matter.
2.20 The time limit for delegations is proposed to remain at 10 minutes but the inclusion of a
possible single extension of two minutes has been added. Delegations are all advised,
prior to the meeting, that the time limit is 10 minutes, but when the time limit is reached
during the meeting, the delegate is often asked how much additional time is needed,
then Council passes a resolution to add the additional time. This process can take
longer than the remainder of the delegation. To improve efficiency, it is proposed that a
single two -minute extension be provided to delegations, with the approval of Council, to
wrap up their delegation. This should be more than sufficient for any final comments.
Council still has the opportunity to ask questions of the delegate after this time limit if
clarification is needed, but shall not add the member's own statement through the
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Municipality of Clarington Page 7
Report LGS-017-23
delegation but using questions such as "are you aware" or "did you know". This
restriction has been copied from the Region of Durham's By-law.
2.21 Although the practice has been to request delegations at a planning public meeting to
limit their comments to 10 minutes, this was not reflected in the Procedural By-law. This
has now been included for clarification.
2.22 A section has been added to allow delegations to speak to an item on the ECCIP.
Provided that all other requirements of delegations are met.
Consent Agenda
2.23 Council has recently been informally using a consent resolution, which passes multiple
items in one motion, as they are printed in the agenda. Staff were requested to
formalize this process with a consent agenda. The structure of the agendas will be
reorganized to allow for items that may not need discussion to be included in the
consent agenda section, allowing Council to pass a single motion to approve these
items. A single Council member has the option to request that any item be extracted
from the consent agenda for the purpose of declaring a conflict or amending the
resolution. This avoids having to address every item on the agenda individually, which
will provide further efficiencies in the meeting process.
Consideration of Minutes
2.24 The current process for approving recommendations from the Standing Committees is
for their minutes to be adopted, which includes motions that lost at the Standing
Committee. There is a transparency concern when motions that lost at Standing
Committee are then re -voted on at Council and then pass. Interested parties that
participated in the Standing Committee process may be unaware that possibility exists.
To partially combat this possibility, it is proposed that any lost motion at Standing
Committee, require a 2/3 vote before discussion of the motion begins again. This does
not take away Council's ability to change a lost motion, especially if new information has
been presented, but it does require a larger number of the Council members to agree to
begin the discussion again without notice to the public.
2.25 The process for approving recommendations of advisory committees and boards was
not previously defined in the Procedural By-law. The process is now clearly articulated
as requiring a Member of Council (which would normally be the member that sits on the
committee or board but could be any member) to extract the recommendation from the
advisory committee or board minutes and put forward a motion to Council for its
approval. Unless this is done, all other recommendations will be considered as being
received for information.
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Municipality of Clarington
Report LGS-017-23
Communications
Page 8
2.26 Added a section where multiple copies of the same item of correspondence are
received (e.g., form letters and petitions), one copy of the correspondence may be
included in the agenda along with a summary of the others received. All items will be
available upon request, but this will reduce the size of the agenda package.
2.27 Similar to the restriction on delegations, communication items regarding a previous
decision of Council shall not be considered, or added, to an agenda, unless a motion to
reconsider or re -introduce the matter is presented by a member of Council or a report
on the matter is included on the agenda.
Questions to Department Heads / Request for Staff Report(s)
2.28 This section of the Procedural By-law has been removed. Council members have the
ability to ask questions to the Department Heads or the CAO at anytime and it does not
need to be tied to the meeting process. This does not include questions regarding items
on the agenda, which members can ask questions to at the meeting.
2.29 Requesting a staff report can be done through the New Business process and provides
greater transparency to the public as it will then be placed on the agenda of the
meeting. This will allow members of the public to come and speak to the item if they
wish. Passing a motion for a staff report at the meeting does not provide notice to the
public or staff, who may have information to assist Council if notice had been provided.
Removing this portion does not remove a member's ability to request a report, it just
adds a notice provision to the process.
3. Financial Considerations
Not Applicable.
4. Concurrence
Not Applicable.
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Municipality of Clarington
Report LGS-017-23
5. Conclusion
Page 9
To realize staff and meeting efficiencies, to provide for improved accountability and
transparency, to improve customer service and response times, and to improve the flow
of agendas and meetings, and to make Clarington's Procedural By-law more
harmonized with the Region of Durham's Procedural By-law, it is respectfully
recommended that Procedural By-law 2021-054 be repealed and the proposed
procedural by-law, attached as Attachment 1 to this Report, be approved.
Staff Contact: June Gallagher, Municipal Clerk, and John Paul Newman, Deputy Clerk, 905-
623-3379 ext. 2109.
Attachments:
Attachment 1 — Draft Procedural By-law
Attachment 2 — Proposed Council / Committee Meeting Schedule
Attachment 3 — Summary of Durham Area Meeting Dates/times
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 76
Attachment 1 to Report LGS-017-23
Ciff;WOOR
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Municipality of
As of
Clarington
Procedural By-law
2023=xxx
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The Corporation of the Municipality of Clarington
Procedural By-law 2023-xxx
Table of Contents
Section 1 — Definitions and Interpretation..............................................5
Section 2 — General Provisions.............................................................10
2.1 Applicability................................................................................................... 10
2.2 Suspension of Rules and Policies................................................................. 10
2.3 Issue not Addressed..................................................................................... 11
2.4 General Principles......................................................................................... 11
2.5 Electronic Participation.................................................................................. 11
2.6 Agenda Restrictions...................................................................................... 12
Section 3 — Duties of the Mayor and Council........................................12
3.1
Duties of the Mayor.......................................................................................
12
3.2
Duties of the Chair........................................................................................
13
3.2
Appointment of Deputy Mayor.......................................................................
14
3.3
Participation of Chair in Debate.....................................................................
14
3.4
Duties of a Member of Council......................................................................
14
Section4 — Meetings..............................................................................15
4.1
Place of Regular Meetings............................................................................
15
4.2
Regular Meetings Schedule..........................................................................
15
4.3
Notice of Regular Meetings...........................................................................
15
4.4
Special Meetings...........................................................................................
16
4.5
Notice of Special Meetings............................................................................
16
4.6
Joint Meeting.................................................................................................
16
4.7
Emergency Special Meeting..........................................................................
16
4.8
First/Inaugural Meeting of Council.................................................................
17
4.9
Seating in Council Chambers........................................................................
17
4.10
Quorum.........................................................................................................
18
4.11
Meetings Open to the Public ................................................... ...............
18
4.12
Closed Meetings...........................................................................................
18
4.13
Length of Meetings and Scheduled Break ....................................................
19
4.14
Portable Electronic Devices..........................................................................
20
4.15
Video Recording of Council and Committee Meetings ..................................
20
4.16
Cancellation or Changes to Meetings...........................................................
20
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Section 5 — Committees.........................................................................21
5.1 General.........................................................................................................21
5.2 Exceptions.....................................................................................................21
5.3 GG Committee Mandate............................................................................... 22
5.4 GG Committee Reporting to Council............................................................. 22
5.5 PD Committee Mandate................................................................................23
5.6 PD Committee Reporting to Council............................................................. 23
Section 6 — Agendas and Minutes.........................................................23
6.1 Council Agenda............................................................................................. 23
6.2 General Government Committee Agenda ..................................................... 24
6.3 Planning and Development Committee.........................................................25
6.4 Special Meeting Agendas.............................................................................. 26
6.5 Addendum.....................................................................................................27
6.6 Meeting Minutes............................................................................................27
Section 7 — Agenda Item Description.................................................... 27
7.1
Call to Order..................................................................................................
27
7.2
Disclosure of Pecuniary Interest....................................................................
28
7.3
Announcements............................................................................................
30
7.4
Presentations................................................................................................
30
7.5
Delegations...................................................................................................
31
7.6
Delegations - To Council...............................................................................
33
7.7
Disposition of Items.......................................................................................
33
7.8
Special Meetings...........................................................................................34
7.9
Conduct of Delegations and Presenters........................................................
34
7.10
Public Meetings.............................................................................................
35
7.11
Consent Agenda...........................................................................................
35
7.12
Items for Separate Discussion......................................................................
36
7.13
Consideration of Minutes..............................................................................
36
7.14
Communications...........................................................................................
36
7.15
Staff Reports and Staff Memos.....................................................................
38
7.16
New Business...............................................................................................
38
7.17
Business Arising from Procedural Notices of Motion .....................................
39
7.18
Unfinished Business......................................................................................40
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7.19 Confidential Items.........................................................................................
7.20 By-laws..........................................................................................................40
Section 8 — Petitions...............................................................................41
40
Section 9 — Rules of Debate and Conduct............................................42
9.1
Conduct of Members of Council or Members of Committees ........................42
9.2
Address the Chair.........................................................................................
42
9.3
Order of Speaking.........................................................................................
42
9.4
Point of Privilege...........................................................................................
43
9.5
Point of Order................................................................................................
43
9.6
Appeal of Ruling of Chair..............................................................................
43
9.7
Members Speaking.......................................................................................
44
9.8
Motion Read..................................................................................................
44
9.9
Speak Once - Reply......................................................................................44
9.10
Time Limit......................................................................................................44
9.11
Questions......................................................................................................
44
9.12
Motions..........................................................................................................45
Reading.........................................................................................................
45
Withdrawn.....................................................................................................
45
Seconding.....................................................................................................
45
Motion Ruled Out of Order............................................................................
45
Not within jurisdiction of Council....................................................................
46
Motions Without Notice and Without Leave ...................................................
46
Motionin Writing...........................................................................................
47
Priority of Disposition....................................................................................
47
Motion to Receive for Information or With Thanks ........................................
47
Motion to Alter the Agenda............................................................................
48
Motionto Refer..............................................................................................
48
Motionto Defer..............................................................................................
49
Motionto Amend...........................................................................................
50
Motion to Amend Something Previously Adopted .........................................
51
Motion to Call the Vote..................................................................................
51
Motionto Table.............................................................................................
52
Motionto Divide............................................................................................
53
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Motionto Rescind......................................................................................... 54
Motion to Reconsider.................................................................................... 55
Motion to Suspend the Rules of Procedure ................................................... 56
Motionto Recess.......................................................................................... 57
Motionto Adjourn.......................................................................................... 57
9.13 Voting on Motions......................................................................................... 59
UnrecordedVote........................................................................................... 59
RecordedVote.............................................................................................. 59
9.14 Conduct of the Audience............................................................................... 60
Section 10 - Implementation..................................................................61
IV
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Office Consolidation Procedural By-law
The Corporation of the Municipality of Clarington
By-law 2023-xxx
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Advisory Committees and
Boards, and to repeal By-law 2021-054.
Whereas Section 238 of the Municipal Act, 2001, as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
The Corporation of the Municipality of Clarington hereby enacts as follows:
Section 1 — Definitions and Interpretation
1.1 SHORT TITLE: This By-law may be cited as the "Procedural By-law".
1.2 Unless the context otherwise requires, in this Procedural By-law the words
used in the singular includes the plural, and vice versa.
1.3 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Agenda Deadline means 12:00 noon on the Wednesday preceding the meeting, unless
determined differently by the Municipal Clerk for the purposes of a Special meeting, etc.
Agenda Update Deadline means one hour prior to the close of business on the
business day prior to the meeting.
Chair:
In the Gass of the Council Chair means the Mayor, Deputy Mayor, or the Member of
Council appointed to act as Chair during the absence of the Mayor and Deputy Mayor
a Meeting or a portion of a Meeting. While acting as Chair the Member shall
exercise the powers and responsibilities of the Mayor under this Procedural
By-law.
In the case of the GG Committee, Chair means the nn Deputy Mayor
Department I i�jhe Council member appointed as the Chair for that timeframe,
whoever presides over a portion of a Meeting of the GG Committee as provided for in
Sub e 5.2.1, ef-this Procedural By-law.
In the case of the PD Committee, Chair means the member appointed as the Chair of
the Planning and Development -Infrastructure Services Department Lia+sen, as provided
for in Sub senti„n 5.3 ^f this Procedural By-law.
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inns he Face n�pcnial Committee, Chairmeansthe Memberappointed as SUGh by
^;�utoo-ub SeEtE)R 5. By law.
In the of a s� �h_nommitt e n�r�enial Committee heir means rrr ���cvrrRrrr "" " � `^ ccrur-vvrrrn�rc , vrrurrrrr crrrr.�
PrOGed iral Ri_lani
Committee means a Committee of Council and includes Standing Committees, or
sub -committees of the Standing Committees and Spenial Gernmittees
Consent Agenda means the portion of the agenda where items are approved in a
single motion without debate, subject to the agreement of all Members.
Consent Resolution means two or more items that are approved in a single motion
without debate suhient to the agreement of the majority of Members
Council means the Council of the Municipality of Clarington.
Councillor means a person elected or appointed as a Member of Clarington Council
but does not include the Mayor.
Debate means the discussion between two or more persons, on the merits of the
Motion under consideration.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council or Committee, as the case may be.
Department Liaison meaRs a Member appointed as suGh pursuaRt tG Sub seGtien
5. 1 b) of this Pre!`ed iral Bylaw-.
Deputy Mayor means the Member of Council who is appointed to this position wheand,
in the absence of the Mayor, shall exercise all of the powers and responsibilities of the
Mayor as provided for in this By-law or any other by-law or statute.
Electronic Council Communications Information Package (ECCIP) means an
electronic package containing correspondence received by Staff for Council's
information and consideration.
Electronic Participation means that a Member may participate in the Council or
Committee meeting, remotely by electronic means. The electronic means must enable
the Member to hear and to be heard by the other meeting participants. Acceptable
formats may include teleconference, videoconference or webinar, or other interactive
communications.
Emergency means any period during which an Emergency has been declared to exist
in all or part of a municipality by the Head of Council or the Province of Ontario under
sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, as
amended.
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Emergency Management Act means the ErnergenGy Management and Givil PreteGtie.n
AGt R.S.O. 1990G. E. Q as amGRded.
Emergency Special Meeting means a meeting called by the Mayor, without advance
notice being given, to consider and deal with urgent and extraordinary matters, including
issues that may urgently affect the health or safety of residents.
GG means the General Government Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
Information Presentatmon(s) means presentations not seeking a resolution or direGtien
from Geunc-P-.
Joint Meeting means a meeting that deals with matters that would normally be dealt
with at a GG meeting or PD meeting.
Mayor means the Head of Council.
Meeting, has the same meaning as Section 238 of the Municipal Act, and means any
regular, special or other meeting of a council, of a local board or of a committee of either
of them, where (a) a quorum of members is present, and (b) members discuss or
otherwise deal with any matter in a way that materially advances the business or
decision -making of the council, local board or committee.
Member means a Member of Council )r Committee.
Motion means a proposal moved by a Member and seconded by another Member, for
the consideration of Council or Committee.
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk or Clerk means the Clerk of the Municipality of Clarington and
includes the Deputy Clerk and any official of the Municipality appointed by Council to
exercise the power(s) of the Municipal Clerk in the absence of the Municipal Clerk and
Deputy Clerk or their designate.
Municipal Conflict of Interest Act means the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.O. 1996,
c.32, as amended or replaced from time to time.
Municipal Freedom of Information and Protection of Privacy Act means the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56,
as amended or replaced from time to time.
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Municipal Service Board means a board established by Council under section 196 of
the Municipal Act, 2001.
Municipality means the Municipality of Clarington.
PD means the Planning and Development Committee of Council.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
Petition means a legibly written / typed document requesting Committee's / Council's
consideration of a matter that contains more than ten signatures.
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member during a Meeting drawing to the
attention of the Mayor -oi Chair a breach of the Rules of Procedure.
Point of Privilege means the raising of a question that concerns a Member, or all of the
Members, when a Member believes that their rights, immunities or integrity or the rights,
immunities or integrity of Council or Committee as a whole have been challenged. /-%
breach of privilege is a willful disregard by a Member or any other person of the dignity
and lawful authority of Council.
Present means that a Member n4a)�-is in attendance at a meeting either in person or by
electronic participation.
Presiding Member means the Member appointed to ant as Ghair pursuant
irs pant to
alb-SeGt� 7.1.1, 8.1.1, d aR 8.2.1 of this PFOG 1s ed oral By law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a) To extend the time of the Meeting;
b) To refer;
c) To amend;
d) To recess;
e) To table indefinitely;
f) To defer;
g) To lift from the table;
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h) To adjourn;
i) To divide;
j) To Call the Vote; or
k) To suspend the Rules of Procedure.
Procedural Notice of Motion means a written notice, including the names
Gigs -of the mover and seconder, advising Council that the motion described
therein to amend something previously adopted by Council, to rescind a previous
decision of Council, to lift a matter from the table, or to reconsider a previous decision of
Council, will be brought forward of a subsequent moo+inn
Public Meeting means a public meeting in accordance with the Planning Act, R.S.O.
1990 c. P.13 or any other Act, for which notice has been given and during which any
person in attendance shall be provided an opportunity to make representation in respect
of the matter for which the Public Meeting is held.
Reconsideration means a motion that has the effect of allowing a motion to proceed as
though it had never been previously voted on.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rescind means a motion that undoes the action taken by the motion, provided it has
not been acted upon.
Rules of Procedure means the rules and requirements of this Procedural By-law.
Special ram^., mittee Meeting means a Special Committee of CO innil appeinted
pursuant cant to this ❑FGGed Errol By-lawmeeting of Council that was not a part of the regular
meeting schedule. A special meeting may be called for Council, GG or PD.
Standing Committee means either the General Government (GG) Committee or the
Planning and Development (PD) Committee of Council.
Substantm,ve Motion means any metien other than a PFeGedural Metien and inGludes
but is not limited te, a motion that embednes and/er establishes a P_OliGY, ratifies aR
antien er gives direntien en a matter.
Simple Majority means 50% + 1 of the Members present and voting:
a) For 7 Members: 4
b) For 6 Members: 4
c) For 5 Members: 3
d) For 4 Members: 3
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Three -Quarters Majority (3/4) of the Members present and voting means:
a)
3/4 of 7 Members: 6
b)
3/4 of 6 Members: 5
c)
3/4 of 5 Members: 4
d)
3/4 of 4 Members: 3
Two -Thirds Majority (2/3) of the Members present and voting means:
a)
2/3 of 7 Members: 5
b)
2/3 of 6 Members: 4
c)
2/3 of 5 Members: 4
d)
2/3 of 4 Members: 3
Website means the Municipality's website address at www.clarington.net.
Section 2 — General Provisions
2.1 Applicability
2.1.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council or Standin` Committees and shall be the rules and requirements
which govern the order of their business.
2.1.2 The rules aovernina the arocedures and conduct of Members shall be
observed in Advisory Committee and Local Board meetings with necessary
modifications, except as otherwise provided in the Advisory Committee's or
Local Board's Terms of Reference or by-laws.
2.1.3 Nothing in this by-law affects any delegation of authority to staff.
2.2 Suspension of Rules and Policiesof or^^edt
2.2.1 Despite Sub -section 2.1.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting, with the exception of any rule which is
required to be followed by law.
2.2.2 Suspension of Council policies or by-laws requires a vote of three-quarters
(3/4) of the Members present and voting, with the exception of any rule
which is required to be followed by law.
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2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Chair, subject to an appeal
to the Council or Committee, in session, as tho Gase may be. A vote of the
majority of the Members will decide the matter.
2.4 General Principles
2.4.1 The following general principles shall be observed by all Members
participating in a meeting, and may be used by a meeting Chair for
guidance in determining the appropriate course of action for any matter not
addressed in these procedures:
a) The majority of Members have the right to decide;
b) All Members have the right to be heard;
c) All Members have the riaht to information to help make decisions:
d) All Members have a right to an efficient meeting;
e) All Members have the riaht to be treated with resaect and courtesv: and
f) All Members have equal rights, privileges, and obligations.
9 1; Electronic Participation
2.5.1 A member of Council, of a local board or of a committee of either of them is
permitted to participate electronically in a meeting and may be counted in
determining whether, or not, a quorum of members is present at any point in
time.
2.5.2 For clarity, a Member of Council, of a local board, or of a committee of either
of them, can participate electronically in a meeting that is closed to the
public.
2.5.3 The protocol for participating electronically shall be set out by the Municipal
Clerk and may be amended from time to time.
2.5.4 The Member shall have the same rights and responsibilities as if they were
in physical attendance, including the right to vote, unless otherwise
prohibited by law or in other subsections of this by-law.
2.5.5 Electronic participation is permitted for all Staff.
2.5.6 Delegates may participate electronically on request if the Clerk is of the
opinion that the delegation can be facilitated electronically. All regular rules
for delegations shall apply to delegates participating electronically.
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2.6 Agenda Restrictions
2.6.1 The Municipal Clerk shall refuse, at the request of a member of the public,
to place on the agenda, and in an ECCIP, an item where the subject matter:
a) Involves current or pending litigation;
b) Involves insurance claims;
c) Involves personnel matters;
d) Involves labour relations;
e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
g) Is contrary to the provisions of the Municipal Freedom of
Information and Protection of Privacy Act or other relevant
legislation;
h) Involves solicitation of business;
i) Involves political parties; or
j) Otherwise not suitable for discussion.
?.6.2 Delegations and communication items may also be restricted. See the
delegation and communication sections within this Procedural By-law.
Section 3 — Duties of the Mayor and Council
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor to carry out the responsibilities set forth in
the Municipal Act, 2001, Section 225
3.1.2 To authenticate, by signature, all by-laws.
3.1.3 The Mayor shall, by virtue of their office, be a member of all Committees
with the same rights and privileges as all other members, including the right
to vote and participate in debate, but shall not be eligible to be the Chair or
Vice -Chair. The Mayor's absence from the meeting shall not be counted
when determining quorum but the Mayor's presence at a meeting shall be
counted towards quorum.
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3.2 Duties of the Chair
a)
To open the Meeting of Council or Committee by taking the Chair
and calling the Members to order;
b)
To announce the business before Council in the order in which it is
to be acted upon;
c)
To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council;
d)
To recognize any Member who wishes to speak and to determine
the order of the speakers;
e)
To put to a vote all questions, which are regularly moved and
seconded, or necessarily arise during the proceedings and to
announce the results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise during the proceedings;
g) To decline to put to vote, motions which contravene the provisions
of this Procedural By-law;
h) To enforce the provisions of this Procedural By-law;
i) To enforce on all occasions, the observance of order and decorum
among the Members;
j) To call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the Council
Chamber, or the place of Meeting, as the case may be;
k) To cause to be expelled and excluded any member of the public
who creates any disturbance or acts improperly during a Meeting
and, if necessary, to direct the Municipal Clerk to seek the
appropriate assistance from the Durham Regional Police;
1) To rule on any Points of Order and Points of Privilege raised by
Members of Council;
m) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question or suspend the
sitting for a time to be named, - ._and
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n) Where the agenda includes a public meeting, the Chair shall
preside in person. If the Member is not in person, another Member
who is in person shall Chair that meeting.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Ge ineil or as seen thereafter as is nrantiGal Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the powers and responsibilities of the Mayor under this
By-law or any other by-law or statute.
3.7 2 Further to appni ntmen rennerd in Sub _se en 4 i 'I GE) �n
e•r��t�appvrrrm-rcrrt� ercrrc��a--rnvcEtivrrv:c.� � vvurT , !R its
disnretion e gi maappoint a Member to ant as Deputy Mayor for the term of
GG Innil /\Iternatiyely, GE moil mo�i appoint two Members of GE) �nnil each of
,
whom shall ant as Deputy Mayo rdi trine perieds of the term of Get innil Whinh
urn.
are spenified in the appeintment
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides ever an„ part of a Meetinr may state relevant facts
and the Chair's position on any matter before the Council, or a Committee
without leaving the chair, which may take place immediately prior to the
vote, but it shall not be permissible for the Chair to move a motion or debate
a question without first leaving the chair.
3.3.2 If the Chair desires to leave the chair, to leave the meeting, to move a
motion, or to take part in the debate, the Mayor shall preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall preside until the Mayor resumes the Chair. If the
designated person is not present, the Chair may call upon any other
Member to chair the meeting.
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
a) to deliberate on the business submitted to Council or Committees
of Council, as the case may be;
b) to vote when a motion is put to a vote;
c) to Chair the portion of the GG Committee or PD Committee
Meeting for `"'hieh they are the deportment I iaisen in accordance
with this Procedural By-lawand assume the duties of the Mayor as
detailed in Sub 1 with ��eXc ption of Sub _seetlens a cmrrvuv-vcc—r.TwTcrr
3 1 m 1 a\ I\ avid n\ at GG Gemmittee arld 3 1.1 a\ arld 1\ at Dd
Committee; , and
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d) to apply and respect the Rules of Procedure.
Section 4 — Meetings
4.1 Place of Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council, GG
Committee and PD Committee shall be held in the Council Chambers,
Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON
or electronically, as determined by the Municipal Clerk, and at the dates and
times determined by Council resolution.
4.2 Regular Meetings Schedule
4.2.1 The meeting schedule shall generally be based on a three-week rotation per
month, beginning in September 2023, as determined by the Municipal Clerk.
4.2.2 Regular meetings shall not be scheduled during the week that the Monday
is a public holiday. No regular meetings shall be held during the month of
July, the month of August, or during any Spring Break scheduled for the
public elementary and secondary schools in Clarington, or during the annual
Association of Municipal Clerks and Treasurers of Ontario (AMCTO)
conference or between Christmas and New Year's.
4.2.3 Council meetings shall be held at 6:30 p.m., PD Committee meetings shall
be held at 5 p.m. and GG Committee meetings shall be held at 9:30 a.m.
4.2.4 No regular meetings of Council or Standing Committees shall be scheduled
in the months of September. October, or November of the vear of a reaular
municipal election.
4.3 Notice of Regular Meetings
4.3.1 Pursuant to Section 238 of the Municipal Act, 2001 public notice of each
regularly scheduled Meeting shall be deemed to be given by making the
agenda available in the Municipal Clerk's Office by end of the business day
of the Friday preceding the regularly scheduled Meeting and on the
Clarington website.
4.3.2 Notice of amendment to the Schedule of regular Meetings shall be posted
on the website at least one week prior to the amended Meeting date where
practical to do so.
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4.3.3 Notice which is substantively given but is irregular or not otherwise in strict
compliance with these procedures shall not invalidate the holding of a
meeting or any of the proceedings at a meeting.
4.4 Special Meetings
--
4.4.1 The Mayor may, at any time, call a special Meeting of Council, GG
Committee `oA'rhPI Committee
+�a/n�/d shall Gall a special Meeting of GeunGil Gr
Committee wh8R FequesteCCC�W i1 WFItiR j by a majority of Members,
the time mentiened in the request, by writing to the Municipal Clerk stating
the date, time, location, and purpose of the special meeting and nreferenne
he given that said mooting he held within the M uniginality of Glarington
4.4.2 The Municipal Clerk shall call a special Meeting of Council, GG Committee
or PD Committee when requested to do so in writing by a majority of the
Members, at the date, time, location, and purpose mentioned in the request;
anal nreferenne he given that sand meeting he helyd in,ithin the M iniginality of
GlaFiRgte' `.
4.4.3 No business other than that indicated in the written notice shall be
considered at the special meeting except with the unanimous consent of all
Members present and voting at such meeting.
4.5 Notice of Special Meetings
4.5.1 Notice of special Meetings shall be posted on the website not less than
tweRty-fgur (24) hours before the time appointed for the special Meeting.
/1 F 2 In additi�� notice provided for in S b sention /1 1n F written notice of
��. crcc�rv�vTacc ccc�vrrTrv�. ,�vrrcccrrnvcrc�vr
a Speni�eeting Of nil er Gemmitte shall be YeGTR tee all beS
4.5.32 The written notice referred to in Sub sentien n 1 n 6 aho„ethis Procedural
Bylaw shall indicate the nature of the business to be considered at the
special Meeting of Council or Committee, whether delegations will be heard,
and the date, time, and place of the Meeting.
4.6 Joint Meeting
4.6.1 In additien to regular Meeting- Joint Meetings may be called at the dates
and times a-s-determined by Council resolution.
4.7 Emergency Special Meeting
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4.7.1 Notwithstanding Sub -section 4.2.1, on urgent and extraordinary occasions,
an emergency special Meeting of the Council may be called by the Mayor,
without advance notice being given by the Municipal Clerk pursuant to this
by-law, to consider and deal with such urgent and extraordinary matters,
including issues that may urgently affect the health or safety of residents.
4.7.2 In the case of an emergency, Council may hold meetings at any convenient
location within or outside the municipality, as determined by the Clerk in
consultation with the Mavor and Chief Administrative Officer.
4.7.3 No business other than the business dealing directly or indirectly with the
emeraencv shall be transacted at the meetina.
Notice oti Emergency Special Meetings
4.7.4 Where an Emergency special Meeting of Council is held in accordance with
-Sub seGtinn n.^this Procedural By-law, notice of the Emergency special
Meeting shall be posted on the website as soon as practical following the
Emergency special Meeting and shall, subject to Sub seGtiOR 4.8.1this
Procedural By -la , indicate the nature of the business considered at the
Emergency special Meeting.
4.8 First/Inaugural Meeting of Council
4.8.1 The first Meeting of Council shall be held within 31 days of taking office,
pursuant to the Municipal Elections Act, 1996, at the time and location
determined on GeRSUltatiGR withb the Clerk and Mayor.
4.9 Seating and Persons within Council Rin in Council Chambers
4.9.1 Seating at the Council table shall be in alphabetical order of the Members'
surname, beginning in the most north/east position and proceeding
clockwise.
4.9.2 Only Members of Council and the Municipal Staff shall be permitted to enter
the Council floor during the sitting of Council or Committee without the
permission of the Mayor or Committee Chair.
4.9.3 No person, other than a Member of Council or the Municipal Staff, shall,
before or during a Meeting, place on the desks of Members or otherwise
distribute any material whatsoever unless such person is so acting with the
approval of the Mayor or Committee Chair.
4.9.4 Members of Council leaving their places prior to the adjournment shall
endeavour to do so in a manner so as not to disrupt the proceedings of
Council or Committee.
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4.10 Quorum
4.10.1 A quorum of Council or Committee shall be four (4) Members, except as
otherwise stated. A concurring vote of a majority of Members present and
voting is necessary to carry a resolution. ° q eri im of a SPGGiall Committee
shall be a majority of the Members of the Special Committee
4.10.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
4.10.3 If during a meeting, a quorum is lost, the Chair shall declare that the
meeting shall stand recessed temporarily or be adjourned until the date of
the next regular meeting or other meeting called in accordance with the
provisions of this Procedural By-law. Any unfinished business will be taR-er4
o-pplaced on the agenda of -at the next regular meeting or other meeting
called for that purpose.
4.11 Meetings Open to " Public
4.11.1 Subject to Sub -section 4.9, Meetings shall be open to the public and no
person shall be excluded, the from except for improper conduct
required by statute.
4.12 Closed Meetings
4.12.1 Notwithstanding the previous section regarding "Meetings Open to the
Public", Council or Committee may, by resolution, close a Meeting or part of
a Meeting to members of the public if the subject matter deals with any of
the matters in Sub -section 239 (2) or 239 (3) of the Municipal Act, 2001.
4.12.2 Council or Committee may hold a Meeting closed to the public where the
Meeting is held for the purpose of educating or training the Members and at
the Meeting no Member discusses or otherwise deals with any matter in a
way that materially advances the business or decision -making of the
Council or Committee.
4.12.3 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
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4.12.4 Where a Meeting, or part of a Meeting, is closed to the public, Council or
Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council or Committee and only those persons
specifically invited to attend the closed Meeting shall be permitted
to attend; or
b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be; or
c) only permit access to the electronic meeting to those persons
specifically invited to attend the closed Meeting.
4.12.5 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.12.6 Notwithstanding Sub -section 4.9.5, the vote on a resolution approving a
contract for the acquisition or disposal of land, including the sale of road
allowances, shall be conducted in open session.
4.12 At the conclusion of a closed meeting, a motion to rise from the closed
meeting and proceed into an open meeting shall be adopted.
4.13 Length of Meetings and Scheduled Break
4.13.1 Meetings scheduled to commence at or before 9:30 a.m., and which are in
session at 4.31 PM, will be adjourned unless the rules are suspended
continue the meeting.
4.13.2 Meetings which are scheduled to commence at or after 6 305:00 p.m., and
which are in session at 10:31 p.m., will be adjourned unless the rules are
suspended to continue the meeting.
4.13.3 Where a meeting is scheduled to commence at or before 9:30 a.m., there
shall be a scheduled 1-hour break at 12.00 noon unless otherwise
determined by a vote of two-thirds of the Members present.
4.13.4 If a meeting is adjourned in accordance with section 4.4413.1 or 4.4413.2,
prior to all agenda items being considered, all remaining items, except
procedural items, shall be placed on the next regular committee meeting
the come typ that the item would otherwise have been added to.
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4.14 Portable Electronic Devices
4.14.1 The use of portable electronic devices by Members of Council and
Committee during Council and Committee meetings shall be permitted
provided the Member is not using the portable electronic device to phone; or
email, or text each other or members of the public while the meeting is in
session.
4.14.2 Despite Subsection 4.12.1, the use of any portable electronic device may be
prohibited by the Chair, if, in the Chair's opinion, the device is interfering
with any video or audio broadcast of the meeting or is otherwise causing a
disturbance.
4.14.3 The use of portable electronic devices may be used as an interface to
participate electronically in the meeting.
4.15 Video Recording of Council and Committee Meetings
4.15.1 With the ovnontiGn of the M ininipality and anv p blinly available
hrAroadGaster-the videe reGerdiRg of a COURGOI or GernmitteeMeetingS may
be audio or video recorded, broadcast and / or livestreamed publicly by the
municipality, except for Closed Meetings moo+inn is prohibited within 3
metros of the GG innil Finn
4.15.2 NetwithstandiRg Sub-sGtien 413.1, v;Qee recording by any norso�
permitted for a presentation as defiRed on Sub Sermon 7 it 1 of this by
law -.Meeting attendees may record all, or portions of, open meetings,
provided that doing so is not disruptive to the meeting or other attendees.
4.16 Cancellation or Changes tof Meetings
4.16.1 A regular or GpeGial meeting may be cancelled or changed by the Clerk in
any of the following circumstances:
a) If the Clerk determines in advance that quorum will not be
achieved;
b) if the meeting is cancelled by Council or Committee resolution;
c) Where the meeting is not required as determined by the Clerk, in
consultation with the Mayor and CAO, due to a lack of forecasted
agenda items; or
d) in the event of exceptional circumstances, including inclement
weather, at the discretion of the Chair or Clerk.
4.16.2 The Clerk shall censure that notice of the cancellation is provided to all
Members of Council as soon as possible after the cancellation.
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Section 5 — Committees
5.1 General
5.1.1 There shall be two Standing Committees of Council, namely the General
Government (GG) Committee of Council and the Planning and
Development (PD) Committee of Council, which shall be organized as
follows:
a) GG and PD Committees shall be comprised of all Members of
Council.
•Each Member- Department
as Is praGtiGal after the first „_
The Department ..
the GG Gemmottee er .■
matters pertaining te the ■_
partment for whiGh they have beeR
Depal4MeRt LiaiGGR.Chair the GG Committee•
in accordance with the followina -•
• Ward 1 Councillor — January and February
• Ward 2 Councillor — March and April
• Ward 3 Councillor — Mav and June
• Ward 4 Councillor — September and October
• Regional Councillor (who is not appointed as the Chair of the
PD Committee meetinas) — November and December
c) A Regional Councillor shall be appointed to Chair the PD
Committee meetings by Council.
d) In the absence of the Chair or during July and August, the Mayor
shall Chair the meeting, and in the absence of the Mayor the
Deputy Maw
Exceptions
5.2.1 Notwithstanding the Committee mandate outlined in Sub seGti n 5.2.2 and
b seGt.on 5.3.2—aed the provisions of Sub scctiOR 9. this Procedural
By-law, Council may consider any matter without referring it to GG
Committee or PD Committee and may withdraw a matter from the GG
Committee or the PD Committee at any time.
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Members5.1.3 Notwithstanding the Committee mandate outlined on Sub-seGtien 5.2.2, and
to a SpeGial Committee and appoint one Of SUGh
SpeGial Gemmittee. A SpeGial Committee Shall enquire iRtG and report eR
any matter assigned to it by GeunGil. A SpeGial Committee may appoint a
to assist the SpeGial Committee On performing its mandate.
5.2 General Government Committee (GG)
The Mayor
delegations, and Ghair that _ r
pertainiRg to the
Department
■_ r. 1well,Mayer these .r
meeting dealiRg with matterS Gentinued to be GGRsidered under Unfinished
Business of • _
Committee Mandate
5.3.1 The GG Committee shall make recommendations to Council on all matters
not mandated by the PD Committee, including, without limitation, levels of
service and operational policy and budgetary matters. The GG Gemmittee
shall Gensider all reverts submitted to it by the Chief Administrative Offiner
or Direnter of a Department eXGent fer items Whinh fall i R der the mandate
e
of the PID Committee as iRdiEated in Sub se`+ti�.3 2
vT �vvrrmTrrcc� �rrur ca�rr-vuv�cc �. T
GG Committee Reporting to Council
forward5.4.1 in all Gases On whoGh the GG Committee makes FeGOMmendatmens-
recommendations by way Of GE)Mrnittee FniRute. Council
committees.r consideration
Council. in addotoGn, the GG Committee shall _ r
matter within the jurisdiGtOGR ef the MuniGipality
referred to it by GeUn.Gil and exerGise SUGh powers- ---- M-ay be delegated to it
by GeunG4.
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5 PD Committee Mandate
5.5.1 The PD Committee shall be mandated with holding public meetings, and
any other planning and development matter or matter deemed to require
public consultation and such other matters as may be referred to the PD
Committee by Council. The PD Committee shall nonsider all reports
submitted t the Chief AdMiRistrative OffiG r�Tentn�a
Department, for items whir•h fell under the rnandate of the PID Committee
6 PD Committee Reporting to CommitteeCouncil
5.6.1 in all Gases on whiGh the -.
SUGh mattef,s, 41he PID Committee shall forward GUGh recommendations by
way of Committee minutes to Council via the committeefor
Gernmottee shall report
11
powers as may be delegated to it by GeunGfl-.
I A kyj
A
ar
r
1 I _
Section 6 — Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular Meetings of
Council -
Meeting
Presentations / Delegations
Consent Agenda
• Council and Standing Committee Minutes
• Advisory Committee and Local Board Minutes
• Communications
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Staff Reports and Staff Memos
• By-laws
Items for Separate Discussion
Business Arising from Procedural Notice of Motion (to be included
on agenda only if there is business to be considered under this
Section)
Unfinished Business
Confidential Items
Confirming By-law
Adjournment
6.1.2 The agenda shall be provided to each member no later than end of day on
the Thursday preceding the commencement of the regular Council Meeting
in question.
.. ■_
6.1.3 The business of Council shall be considered in the order as it appears on
the agenda, unless otherwise decided by a majority vote f the majerit, of
the Members present and voting.
6.1.4 Notwithstanding sub -section 6.1.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.2 General Government Committee Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
the GG Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Reports / Gerrespendenno Related to Presentations / Delegations
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Consent Agenda
• Communications
• Staff Reports; ana Staff Memos -and
Items for Separate Discussion
Unfinished Business
New Business
Confidential Items
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GG Committee agenda is
provided to each member no later than the end of day Thursday preceding
the commencement of the regular GG Committee Meeting.
6.2.+3 The business of GG Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a
majority vote of the rnajer of the Members present and voting.
6.2. Notwithstanding Sub -section 6.2.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.3 Planning and Development Committee
6.3.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
PD Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Consent Agenda
• Communications
• Staff Reports and Staff Memos
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Unfinished Business
New Business
Public Meetings 6:30 .m.
Confidential Items
Adjournment
6.3.2 The Municipal Clerk shall ensure that the PD Committee agenda is provided
to each member no later than the end of day Thursday preceding the
commencement of the regular PD Committee Meeting.
_
.._
■_
6.3.43 The business of PD Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a
majority vote of the ma}or4y�of the Members present and voting.
6.3. Notwithstanding sub -section 6.3.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.4 Special ^.,, mittee Meeting Agendas
6.4.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetiRgG of the
Special " eeMeetings:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Matters of Business
Adjournment
6.4.2 The MuniGipal Clerk shall ensure that the SpeGial Committee agenda is
preyided to eaGh member Re Inter than 24 hey irs preceding the
eRGemet of the SpeGial Committee Meet+ng.When preparing an
agenda for a special meeting, the Clerk may include or exclude any
headings appropriate for the special meeting.
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6.4.3 The business of Special Committee Meetings shall be considered in the
order as it appears on the agenda for its Meeting, unless otherwise decided
by a majority vote of the mainrit„ of the Members present and voting.
6.5 Addendum
6.5.1 The Clerk may amend the agenda for a scheduled Council or Standing
Committee meeting by of an addendum.
6.5.2 The addendum shall only include additional items related to matters already
on the agenda, or new items that in the opinion of the Clerk, in consultation
with the Chief Administrative Officer, are time sensitive in nature.
6.5.3 Items to be included on the Addendum shall be received by the Agenda
Update Deadline and will be published after that deadline.
6.5.4 Notice shall be deemed to have been given for all matters added to an
agenda via an addendum.
6.6 Meeting Minutes
6.6.1 The Municipal Clerk, or designate shall cause minutes to be taken of each
Meeting of Council or Committee, whether it is closed to the public or not.
These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of
a Meeting or leave prior to adjournment, the time shall be noted;
c) if requested, correction and nonfirmation of the minutes of prior
Meetings;
d) declarations of pecuniary interest; and
e) all resolutions, decisions and all other proceedings of Council or
Committee, ,as the Gase may be, without note or comment.
6.5.2 Where the minutes have been delivered to the Members OR advaRGe of the
Meeting, the minutes shall not be read and a resell itien that the minutes be
approved shall be in order.
Section 7 — Order �Proceedings ,CounGRAgenda Item Description
7.1 Call to Order
7.1.1 As soon as a quorum is present after the hour set for the Meeting, the
Mayer shall take the -Cc -hair ad -shall call the Members present to order.
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7.1.2 If the Mayor -Chair does not attend within fifteen minutes after the time set
for the Meeting and a quorum is present, the DeputyMayor shall preside
over the Meeting and shall overnice all duties and responsibilities of the
Mayor as of itlined in this ❑reGed iral By until the oFCEhair is
present at the Meeting and is able to perform their responsibilities
y to
assi ime of the chair.
7.1.3 If the Mayor is also not present within fifteen minutes after the time set for
the Meeting and a quorum is present, the Deputy Mayor shall preside over
the Meeting until the Chair or Mayor is present at the Meeting and is able to
perform the responsibilities of the chair.
7.1.4 If the Deputy Mayor is also not present within fifteen minutes after the time
set for the Meeting and a quorum is present, the Municipal Clerk,
desi e-, shall call the meeting to order, and the Members present shall
appoint a PresidiRg Member who shall act as Chair of the Meeting until the
arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is
able to assume the chair.
7.1.5 A moment of reflection is called at the beginning of a Council meeting to
allow Members to consider past and future actions that may be taken.
7.1.6 In recognition of a necessary first step towards honouring the original
occupants of a place, and as a way to recognize the traditional First
Nations, Metis and / or Inuit territories of a place, and to commemorate
Indigenous peoples' principal kinship to the land, a Land
Acknowledgement Statement shall be read in accordance with the Land
Acknowledgement Guidelines. following the Call to Order-
RMW:r_Erzr reM: E"..r.
— r
11 . ...
1
Zo
11
7.2 Disclosure of Pecuniary Interest
7.2.1 All Members shall govern themselves at any Meeting in accordance with the
current legislation respecting any disclosure of pecuniary interest and
participation in the Meeting.
7.2.2 Where the meeting is not open to the public, in addition to declaring the
conflict, the Member shall leave the meeting, or the part of the meeting,
during which the matter is under consideration.
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7.2.3 Where a Member is absent from a meeting which includes a matter on
which they have a pecuniary interest, the Member shall disclose the interest
at the next meeting attended by the Member.
7.2.4 The Clerk shall record any declarations of interest made by a Member in the
meeting minutes, noting the matter and the general nature of the
declaration.
7.2.5 Notwithstanding Sub -section 7.2.1, if the matter under consideration at a
meeting, or a part of a meeting, is to consider whether to suspend the
remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the
matter, including making submissions to council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the meeting.
However, the member is not permitted to move, second, or vote on any
emotion in respect of the matter. Additionally, in the case of a
meeting that is not open to the public, the member may attend the meeting
or part of the meeting during which the matter is under consideration.
7.2.6 Notwithstanding Sub -section 7.2.1, when a Member declares on a matter(s)
at a Council meeting, later in the meeting when the confirming by-law is on
the floor, the Member's declaration is understood, and the Member may
remain in the room in which the meeting is taking place and participate in
the vote on the confirming by-law. Further, if the Member declares on a
matter at a meeting and at a subsequent meeting the minutes of the entire
meeting are on the floor for adoption, the Member's declaration is
understood and the Member may participate in the vote on adopting the
minutes and is not required to submit another declaration of interest form,
provided that the matter the Member declared on is not further discussed or
amended in any way.
7.2.7 At a meeting at which a member declares an interest, or as soon as
possible afterwards, the member shall file a written statement of the interest
and its general nature with the Municipal Clerk or designate, in the form
determined by the Municipal Clerk.
7.2.8 The Municipal Clerk shall establish and maintain a Registry of Declarations
of Interest containing,
a) A copy of each statement filed under section 7.2.4; and
b) A copy of each declaration recorded in the minutes.
7.2.9 The Municipal Clerk shall provide access to the Registry of Declarations of
Interest through the Municipal website or through an alternative means, as
requested from time to time.
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7.3 Announcements
7.3.1 During this portion of the Meeting, when recognized by the Chair, Members
shall be afforded a maximum of five minutes during which time they may
announce or comment on community events and activities.
7.4 Presentations
7.4.1 At the request of a Member of Council or the Municipality's Staff, any
person(s), organization(s), corporations(s), or appointed official(s) may be
permitted to address the Members to inform them of matters of significance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by Agenda Deadline.
Presentations shall include only the following:
a) Presentations requested by Council; or
b) Civic recognition / awards; or
c) Presentations by Municipal Staff or consultants retained by the
Municipality; or
d) Presentations from senior levels of government; or
e) Presentations deemed necessary by the Municipal Clerk, or as
required by law.
a7m
7.4.2 Municipal audio-visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, at the time the presenter(s) contact the
Municipal Clerk's Division to register for the Meeting. Presentations must be
provided to the Municipal Clerk's Division no later than 2:00 p.m. on the
business day preceding the commencement of the Meeting. Presentations
will not be installed once the meeting has begun.
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7 /1 3 Gonh Presentation in respen+ of o nortiG �lor matter shell he limiter! to 10
-r-T
minWteo in addition to the time taken by GO L moil to ask oiectionc of the
e
delegate and to reGeive answers to SUnh questions.
Presentations to Committee
7.4.3 Presentations scheduled to be made to Committee will be assigned to the
appropriate Committee based on the presentation topic and the Committee
mandate.
7.4.4 Upon receipt of the request for presentation as detailed in Sub -section
7.4.1, the Municipal Clerk, or desiono+( may schedule the presentation for
a specified time during the Committee meeting. When exercising this option,
the Municipal Clerk, ^r designate shall include the scheduled presentation
time on the meeting Agenda and shall notify the presenter of the scheduled
presentation time.
7.4.5 Where the Municipal Clerk, er designate_' has scheduled a presentation for a
specified time, as per Sub -section 7.4.5, when that specified time arrives
during the Committee meeting, the Committee shall set aside the matter
currently before it, to allow the presentation to be heard as scheduled.
Should there be a motion on the floor at the scheduled presentation time,
motion to "alter the ooenrlo +„that motion shall be considered immediately
after the Presentation" weuld be IR order has concluded.
7.5 Delegations
7.5.1 All Delegations shall be directed to, and heard by, Committee except as
otherwise provided for in this Procedural By-law.
7.5.2 Notwithstanding Sub -section 7.5.1, unless otherwise determined by the
Municipal Clerk, Delegations shall not be added to the agenda or permitted
to:
a) speak to PD Committee regarding a matter that is the subject of a
Public Meeting which is included on the PD Committee agenda.
b) speak -Speak to PD Committee regarding a matter which is within the
mandate of the GG Committee meeting.
c) speak Spea to GG Committee regarding a matter which is within the
mandate of the PD Committee meeting.
d) Speak to a previous decision of Council, that is within the same term of
Council that the decision was made, unless a motion to reconsider or re-
introduce the matter is Dresented to Council by a Member. or a report on
the matter is included on the agenda.
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d-)e) Speak to an Integrity Commissioner's report regarding a Member of
Council_
7.5.3 Deleaations shall be limited to a maximum of 15 Der meetin
7.5.4 Without leave of Council, members shall have one opportunity to ask
questions of Delegations for the purpose of seeking clarification or
additional information, and not to expand the scope of the delegation's
remarks or for adding the Member's own statement through the delegation.
Questions such as "are you aware" and "did you know" will be considered
out of order, subject to the discretion of the Chair.
7.5.5 Members shall not enter into debate with the delegate.
7.5.6 Where a Delegation wishes to provide Members with written communication
supporting the Delegation's comments, the communication shall be
provided to the Municipal Clerk prior to the meeting. The
written communication may be distributed to the Members at the discretion
of the Municipal Clerk or designate.
7.5.7 Municipal audio-visual equipment may be used to assist in delegations, if
permission has been obtained for use of such equipment from the Municipal
Clerk, at the time the delegates(s) contacted the Municipal Clerk's Division
to register for the Meeting. The delegate's electronic presentation must be
provided to the Municipal Clerk's Division no later than ctese-ef
bUs2:00 p.m. the business day preceding the commencement of the
Meeting. Electronic presentations will not be installed once the meeting has
begun.
7.5.8 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this Sub -section. For clarity, a delegation cannot
be a delegation to another delegation as a way of circumventing other rules
outlined in this by-law.
7.5.9 No delegation may speak to matters described in section 2.6.
7.5.10 No delegation may speak to the same matter twice within the same
meeting.
7.5.11 Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to
the addendum for the applicable meeting if written notice to the Clerk is
received, including the subject of their address and their desired action
requested by Council, by the Agenda Update Deadline for the meeting.
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7.5.12 A delegation, not listed on the agenda, shall not be heard without the
consent of at least 2/3 maiority of the Members present and shall be
pertaining to an item listed on the Agenda. If the delegation is not pertaining
to an item listed on the Agenda a suspension of the rules (3/4 vote) is
required for the delegation to be heard.
7.5.13 Each Delegation in respect of a particular matter shall be limited to 10
minutes in addition to the time taken by Council to ask questions of the
delegate and to receive answers to such questions.
7.5 An extension of 2 minutes may be provided to a delegation by passing a
motion with a simDle maioritv vote. All other extensions reauire the
suspension of the rules of procedure.
7.6 Delegations - To Council
7.6.1 Delegations shall be restricted to speaking to matters included on the
Council agenda for the Meeting in question.
7.6.2 Notwithstanding Sub -section 7.6.1, Delegations shall not be permitted to
speak to a matter that was considered at a Standing Committee, or is the
subject of a Staff report or matter included under Unfinished Business
included on the Council agenda, where the Delegation spoke to the item at
a Standing Committee meeting, including a Public Meeting, which is being
reported to Council, unless a majority of the Members present vote in favour
to hear the delegation.
7.6.3 Notwithstanding Sub -section 7.6.1, where the Municipal Clerk determines
that the matter is of an urgent nature and there is insufficient time for a
Delegation to be heard by a Standing Committee, subject to this Procedural
By-law, the Delegation may be permitted to speak to Council on the matter.
7.7 Disposition of Items
7.7.1 When a delegate is addressing a matter that is not otherwise included on
the agenda, a motion to deal with the delegation shall be in order
immediately following the conclusion of the delegation.
7.7.2 When considering the disposition of items related to:
a) Provincial legislation, Council's position shall be forwarded to the
Association of Municipalities of Ontario (AMO) for review and
consideration.
b) Federal legislation, Council's position shall be forwarded to the
Federation of Canadian Municipalities (FCM) for review and
consideration.
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c) Forwarding Council's decision to all Ontario Municipalities, Staff shall
forward to the Association of Municipalities of Ontario (AMO) for review
and consideration and not to all municipalities.
7.7.3 When Council only receives a correspondence item for information, no
correspondence shall be sent to the submitter.
7.7.4 A person wishing to make representation at a Planning Public Meeting, is
not required to give written notice, unless it is required as part of electronic
meeting participation procedures as set out by the Municipal Clerk and is
not required to be listed on the PD Committee agenda for the Meeting in
question.
7.8 Special Meetings
7.8.1 No Delegation will be heard at a Special Meeting of Council or Committee
meeting unless otherwise directed in the call of the special meeting.
7.9 Conduct of Delegations and Presenters
7.9.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
c) speak on any subject other than the subject for which they have
given notice to address Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members;
f) appropriate any unused time allocated to another Delegation or
Presenter; or
g) deviate from answering directly when answering a question.
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7.10 Public Meetings
7.10.1 Shall follow the format developed bV the Municipal Clerk and Director of
Planning and Infrastructure Services. P blip Meetings shall he nnnd inter! in
the fellewino manner•
a\ The Chair shall state the purpose of the P bliG Mee�o and shall explain to
c-vrrarr�r-�un-acU-c� �mcc �nurr prcrrrr
these present hew the P blip Meeting shall he nonrdi inter!
h\ A meter of the M uninipal Staff shall address the DflCommittee to
present the matter to the PD i`emmittee
n\ Members f the pu blip shall thpp ho permittedto mare representation
urr ".. "'" cm-mr cv�ccT crrccccrorr
regarding the matter
d) Then the appliGaRtorr aaget may makeTepXpsett
7.10.2 Public meetings, under the Planning Act, shall be limited to two
meetingsperPlanning and Development Committee meeting, unless
otherwise agreed between the Municipal Clerk and the Director of Planning
and Infrastructure Services.
7.10.3 Members of the Public speaking at a Public Meeting shall be limited to 10
minutes, in addition to the time taken by Council to ask questions of the
person and to receive answers to such questions.
7.6 ReportssnondeneGe Related to Presentations 1 Delegat�r�
7 G2 1 Depert and errespenrdenGe that are related to a delegatiOR r
presentation on the agenda may he listed under this sentien of the agenda.
7.11 Consent Agenda
7.11.1 Items that do not require discussion may be added under this section,
however, any single Member may, at the beginning of this section, request
that an item be removed from the consent agenda to change the
recommended motion and to vote on separately.
Consent Resolution
10.13.15 Should a Member w0sh te diSGUss an item on a Gensent resolution, inGluding
they weuld request the ite
"pulled" from the Gensent resolution and that item would he diSG isserl
separately-.
7.11.2 Should a Member have a pecuniary interest in an item on a consent
resolution, the item shall be removed from the consent resolution and
deal voted on YA4, separately.
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7.11.3 Should a Member wish to simply discuss an item on a consent resolution,
but not change the recommended motion, the Member may do so without
"removing" the item from the consent resolution.
7.12 Items for Separate Discussion
7.12.1 Items that require or may need discussion, may be listed here and not within
the consent agenda. This may include items pulled from the ECCIP.
7.13 Consideration of Minutes
7.13.1 Minutes of Standing Committees, Advisory Committees, a44d-Boards, and
municipal service boards shall be listed under this Section of the Council
agenda and may be disposed of through a single resolution.
7.13.2 The (choir shall ask for a metiers to adopt the rnMinutes from previous
Standing Committees and Council meeting(s) shall be adopted and all other
minutes shall be received for information.
7.13.3 MIR Stec of C rdiRg Committees may he disposed ef through oy
reselUtien to gppEg ye Alternotiyehi Any Member may request that one, or
more, recommendations contained in the Standing Committees minutes be
extracted and voted on separately only for the purposes of changing the
motion or holding a recorded vote. If the motion was lost at Standing
Committee, a motion to consider the lost motion shall require a 2/3 majority
vote. before discussion on the lost motion beains.
7.13.4 To approve a recommendation from a board or advisory committee a
Member of Council shall remove it from the consent agenda and put forward
a motion to approve the recommendation within the minutes of the board or
advisory committee.
7.13.5 Minutes of previous meetings may be adopted without having been read at
the meeting at which their adoption is considered.
7.13.6 Minutes of Standing Committees approved at Council are not required to be
added to the agenda or approved by a future Standing Committee meeting.
7.14 Communications
7.14.1 Where an item of correspondence is received and the subject matter
pertains to an item on an agenda for a Council or Committee meeting, the
correspondence shall be added to the agenda if received by the Clerk by
the Agenda Update Deadline.
7.14.2 Where the Clerk received multiple copies of correspondence containing the
same or similar information (such as a form letter), and the matter is on the
aaenda the Clerk may include one coav of the correspondence in the
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agenda and provide a summary of the remainder received.
7.14.3 The Municipal Clerk shall prepare an Electronic Council Communication
Information Package (ECCIP) containing correspondence received by Staff
for Council's information. This includes minutes of the Business
Improvement Areas (BIAs).
7.14.4 The deadline for information to be included in the ECCIP is end of day
Thursday, unless Friday is a holiday, then this deadline will move back a
day.
7.14.5 The ECCIP shall be delivered electronically every Friday, unless Friday is a
holiday, then this deadline will move back a day.
7.14.6 A Member of Council may request, in writing to the Clerk, including the
Member's motion for the disposition of the item, that an item from the
ECCIP be included on the next agenda of the appropriate Standing
Committeeof Seunci!, as determined by the Clerk.
7.14.7 A member of the public can speak to an ECCIP item if they follow the
delegation process, then the ECCIP item will be linked in the agenda.
7.14.8 Thepulled item will be included on the agenda of the appropriate Standing
Committee of Geuecilif submitted to the Clerk prior to the Agenda deadline
and if it is not restricted under section 2.5. For clarity, this will not be the
meeting three calendar days from when the ECCIP was published, but
rather a future meeting.
7.14.9 Communications which, in the opinion of the Clerk require action by Council
shall be included on a Council or Committee agenda under
Communications and shall include a recommendation for disposal.
7.14.10 Every communication to be presented to Council or Committee, shall be
legibly written or printed, shall not contain any impertinent or improper
matter or language, shall identify the author(s) including their name and
address, and shall be filed with the Municipal Clerk.
7.14.11 Communications to be posted to the website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.14.12 Communications related to a previous decision of Council shall not be
considered by Council or a Committee within the same term of Council
following the decision, unless a motion to reconsider or re -introduce the
matter is presented to Council by a Member, or a report on the matter is
included on the agenda.
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7.15 Staff Reports and Staff Memos
7.15.1 NetwithctanrdiRg Sub SeGtinn 9.1.8, he Staff Reports and Staff Memos
Section of the Council agenda ehafl-May include Removal of a Holding
Symbol report upon urgent circumstances as determined by the Director of
Planning and DeyelenmerA Infrastructure Services and any Staff report that,
due to timing, urgency, the important nature of the report and/or
expediency, the Chief Administrative Officer determines should be
considered by Council without first being presented to Committee for
consideration.
7.15.2 The Staff Reports and Staff Memos sections of the Standing Committees
agendas, shall be pertaining to the Committee mandate, or other such
matter as may be referred to the Committee by Council.
7.16 New Business
7.16.1 New Business items shall not be added to the Council aaenda. New
Business items may be added to a Standing Committee agenda and shall
be reaardina the mandate of the appropriate Standina Committee.
7.16.2 Members may only introduce a motion on New Business provided that the
matter was introduced in accordance with the notice provisions.
7.16.3 Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee
Agenda deadline. The New Business Item will he innli ded en the GG
agenda, under the department that the item is most relater) to and in the
New B iciness Gencideratien ceGtien of the PD AgeRda.
7.16.4 Any changes in wording to a New Business item after publication of the
Agenda, shall require an amendment of the motion at the meeting.
7.16.5 If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the
appropriate section of the agenda, and it will require a 2/3 vote of the
Members present, and voting at the meeting, to be added to the agenda for
discussion. A note for the "required 2/3 vote to be discussed" will be added
to the agenda.
7.16.6 If a Member submits a New Business Item, that is not included in the
agenda, it shall be in writing, and shall not be considered until the next
appropriate Regular Committee meeting.
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7.16.7 No seconder will be required at the time of providing notice of the New
Business item.
7.16.8 If a New Business Item has had du nOtoGe one is on the agenda, but the
mover is not present at the meeting, and no other Member wishes to move
the item, the item shall not be considered and will need to follow the notice
provisions for the next applicable meeting.
7.17 Business Arising from Procedural Notices of Motion
7.17.1 A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of
Council, shall be given to the Municipal Clerk including the date when it will
be considered in writing, from the mover and seconder, prior to the Agenda
Deadline. Procedural Notices of Motion received after the Agenda Deadline
shall be placed on the next regular Council agenda.
7.17.2 Where a Procedural Notice of Motion has been given under subsection
7.17.1, for a "motion to amend something previously adopted by Council" or
a "reconsideration", the details of the amendment and proposed new
resolution for a reconsideration respectively shall be included in the
Procedural Notice of Motion.
7.17.3 Where a Procedural Notice of Motion has been given under Sub -section
7.17.1, the Procedural Notice of Motion shall be printed in full in the Agenda
for that meeting of Council and each succeeding meeting until the motion is
considered or otherwise disposed.
7.17.4 When a Member's Procedural Notice of Motion has been called by the Chair
at two successive meetings and not proceeded with, it shall be removed
from the agenda for all subsequent Meetings, unless Council otherwise
decided.
7.17.5 The Member who moved, or seconded, the procedural notice of motion is
not required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the
notice of motion to be in order.
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7.18 Unfinished Business
7.18.1 Any matters presented, considered, referred, tabled, or deferred, or any
items not otherwise disposed of through the consideration of an agenda
matter, shall be disposed of during this portion of the Meeting.
7.19 Confidential Items
r r r r
r r ON 1
8.1�The Confidential Items Section of the Gemmittee Agenda shall include any
confidential Committee Staff reper+items that, due to the nature of the
item should be considered by G^mmitt in a closed meeting in accordance
with Sub-Ser.-tio, 4.9of this Procedural By-law.
7.20 By-laws
7.20.1 No by-law, except:
• a by-law to confirm the proceedings of Council;
• a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
• any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body; or
• a part lot control by-law;
• removal of holding symbol;
shall be presented to Council unless the subject matter thereof has been
considered and approved by Council or by Committee.
7.20.2 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of the by-law, at which time the subject by-law shall be
divided from the motion and dealt with separately.
7.20.3 Every by-law when introduced, shall be in typewritten form, and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provision of any Statute, and shall be
complete with the exception of the number and date of the by-law.
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7.20.4 Every by-laws `"'hinh has been onaGted by Counshall be numbered and
dated, signed by the Mayor and the Municipal Clerk, sealed with the seal of
the Municipality, and retained under the control of the Municipal Clerk.
7.20.5 The Municipal Clerk is hereby authorized to make minor deletions,
additions or other administrative or typographical changes to any by-law to
ensure that the correct and complete implementation of the actions of
Council form the subject matter of the by-law.
7.20.E If there is ai4 substantive error tein an approved by-law that is GVRta timc�
IGQOG or lonol relate l this is not a reconsideration and Staff shall bring it to
the attention of Council at its earliest convenience for consideration.
Section 8 — Petitions
8.1 An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. Th organizer shall provide their name,
address, email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
8.2 Any communication with respect to the petition will be with the organizer of
the petition only.
8.3 Petitions shall contain the printed name, signature, and municipal address
of the individuals signing it. Signatures without contact information, or who
are not Clarington residents, shall be redacted by the individual or group
submitting the Petition or it will not be accepted by the Municipal Clerk nor
placed on an agenda.
8.4 The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
8.5 Signatories to a petition are deemed to have waived any expectation of
privacy as a result of the record being created for review by the general
public.
8.6 Petitions may be placed on agendas at the discretion of the Municipal Clerk,
mGluing the s irrmmariZino of the petition and numbers of si`vnateriesor the
Detition may be summarized with a total number of sianatories included.
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Section 9 — Rules of Debate and Conduct
9.1 Conduct of Members of Council or Members of Committees
9.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
disrespectfully against the Council, against any Member, or against
any officer or employee of the Municipality, past or present;
c) speak on any subject other than the subject in debate;
d) disobey the Rules of Procedure or a decision of the Chair, on
questions of Points of Order or procedure or upon the interpretation
of the Rules of Procedure except where the ruling of the Chair is
reversed by Council pursuant to Sub -section 10.6.2. If a Member
persists in any such disobedience after having been called to order
by the Chair, the Chair shall forthwith order *R-the Member to
vacate the Council Chambers or room in which the Meeting is
being held, or remove the Member from an electronic meeting
but if the Member apologizes they may, by majority vote of the
Members, be permitted to retake their seat; or
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
9.2 Address the Chair
9.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by them, shall
address the Chair.
9.3 Order of Speaking
9.3.1 When two, or more, Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
9.3.2 Members may ask questions of Staff, with the Chair's permission, during
any portion of a Council or Committee meeting if it pertains to a matter on
the Agenda.
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9.4 Point of Privilege
9.4.1 Where a Member considers that their rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as
a matter of Privilege, the Member may rise on a Point of Privilege at any
time, with the consent of the Chair, for the purpose of drawing the attention
of Council or Committee to the matter.
9.4.2 A Member who desires to address Council or Committee, as the case may
be, on a matter which concerns the rights or privileges of the Council
collectively, or as an individual Member, will be permitted to raise such Point
of Privilege. A hreonh of nriVilene is a willful disregard by a Member or aRY
other person of the dignity and lawful authority of Ge moil. A Point of
Privilege will take precedence over other matters. When a Member raises a
Point of Privilege, the Chair may use the words "Councillor... state your
Point of Privilege". While the Chair is ruling on the Point of Privilege, no one
will be considered to be in possession of the floor, but thereafter the
Member in possession of the floor when the Point of Privilege was raised,
has the right to the floor when debate resumes.
9.4.3 Points of Privilege will only be recorded in the minutes if there is an appeal
of the rulina of the Chair.
9.5 Point of Order
9.5.1 The Chair shall preserve order and decide on Points of Order.
9.5.2 A Member who desires to call attention to a violation of the Rules of
Procedure will ask leave of the Chair to raise a Point of Order. When leave
is granted, the Chair may use the words "Councillor... state your Point of
Order." The Member will state the Point of Order with a concise explanation
and will comply with the decision of the Chair. The Member in possession of
the floor when the Point of Order was raised has the right to the floor when
debate resumes.
9.5.3 Points of Order will only be recorded in the minutes if there is an appeal of
the rulina of the Chair.
9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or Point of Order, if the
Member does not appeal immediately thereafter to Council or Committee,
as the case may be, the decision of the Chair shall be final.
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9.6.2 If the decision is appealed, the Chair will give concise reasons for their
ruling, and will call a vote by Council or Committee, as the case may be,
without debate on the following question: "Will the ruling be sustained?",
and the decision of Council or Committee is final. The Chair may vote on
this question. In the event of a tie vote, the ruling of the Chair shall be
deemed to be sustained.
9.6.3 A Member may request a recorded vote for an appeal of the ruling of the
Chair.
9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between hriMrthe
Member and the Chair, or interrupt 4ifn-the Member except to raise a Point
of Order.
9.8 QurMotion Read
9.8.1 Any Member may request the q iectien or motion under discussion to be
read at any time during the debate but not so as to interrupt a Member while
they are speaking.
9.9 Speak Once - Reply
9.9.1 No Member shall speak more than once to the same emotion
without leave of Council or Committeey as the eaCe may he, y by a simple
majority vote, except that a reply shall be allowed to be made enly-by a
Member who has presented the motion but net by onv Member whe has
moved on amendment or nrnnedurol metipn in recnnise to that motion if
they are asked a question.
9.9.2 Notwithstanding section 10.9.1, Members may ask questions of each
Member of the Public speaking at a Planning Public Meeting.
9.10 Time Limit
9.10.1 No Member, without leave of Council or Committee, as the case may be,
shall speak to the same questmotionor in reply for longer than five (5)
minutes.
9.11 Questions
9.11.1 A Member may ask a question for the purpose of obtaining information
relating only to the matter under discussion and such questions must be
stated concisely and asked only through the Chair.
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9.11.2 Notwithstanding Sub -section 10.11.1, when a Member has been recognized
as the next speaker, such Member may ask a question through the Chair to
any Member, the Chief Administrative Officer, or Department Head, or
designate, but only for the purpose of obtaining information on matters
contained on the Agenda, following which the Member may speak.
9.12 Motions
Reading
9.12.1 When a motion is presented in a Meeting, it shall be read by the Member,
or, if it is a motion which may be presented orally as provided in Sub seGti ,,,
1-9. 1 2.6this Procedural By-law it shall be stated by the Chair before debate.
9.12.2 Notwithstanding Sub -section 10.12.2, a motion, the wording of which is
printed in the agenda as either a separate item or as part of a report, need
not be read in its entirety unless requested to do so by a Member, but shall
be deemed to have been read for the purposes of introducing the motion.
Withdrawn
9.12.3 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council or Committee; but may be withdrawn by the mover or
seconder at any time before deGisie,nthe motion is put to a vote. If a mover
or seconder wishes to withdraw the motion, the Chair shall ask if another
Member wishes to move or second the motion before it is considered
withdrawn.
No debate until properly moved and Second niged
9.12.4 No Member shall speak to any motion until it is properly moved and
seconded, and the mover is entitled to speak first if the Member so elects.
If debated, the motion may be read before being put.
9.12.5 If no Member seconds the motion, the motion shall not be on the floor for
consideration and therefore it shall not be recorded in the minutes unless it
was in the agenda.
Motion Ruled Out of Order
9.12.6 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
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Not within jurisdiction of Council
9.12.7 A motion in respect of a matter which in the opinion of the Municipal
Solicitor requires the exercise of a legislative power by Council which is not
within its jurisdiction, shall not be in order at a Meeting of Council or
Committee unless it is for purposes of requesting a higher level of
government to make changes to policy or legislation.
Matters Motions Without Notice and Without Leave
wothOUt Ronne a� nd without leave, evnent as etherwise nreyided by this
PreGed iral By lawadenuded nd shall be without debate:
e
a\ A Point of Order er Privilege;
f�
c-vTvrv� rvr-rrrvTrc
h\ To adjeurn•
G) Te suspeRd-theRules of
DrOG dure-1
d) To table the of iestien without
dircntien_GFTt��c}i
e\ Te divide;
ff) QUeSttOGR i W aR
put;
97ToTeEe s S ..
9.12.8 The following motions may be introduced orally by a Member without notice
and without leave, except as otherwise provided by this Procedural By-law,
and may be debated -
To To refer;
�
To defer (debate net permitted, see suh_senti9n 10.12.21 )•
G) Te table with inst�aGtio, �s #'or tabling onlY tO the
debatable),
d\ Te amend•
a��-aTrr�rrm,
ee) To evtend the time of the Mee
f\ To reEenye for informatien er with thanks;
g)aa)To adopt the Minutes;
4)b) To approve/receive the Standing Committee or Advisory Committee
Minutes;
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To passing By-laws;
To dispense with Consent Agendas.d
Motion in Writing
9.12.9 Except as provided by Sub seEtien 10.12.8 and 10.12.°in this Procedural
By-law, all motions introduced at a Meeting shall be in writing WRIeSs losto�
in the AgeRdo
Priority of Disposition
9.12.10 A motion properly before Council or Committee for decision must be
disposed of before any other motion can be received except a motion
respeGt ef matters listed '�psecti^n 1 n 1 2 Q or 10. that may be
introduced orallv in accordance with this Procedural By-law.
Motion to Receive for Information or With Thanks
9.12.11 A motion to receive a matter for information or with thanks:
a) May be moved or seconded by any Member;
b) Shall not require notice to be introduced;
c) May be submitted orally;
d) Mav be debated:
e) Mav be amended:
Mav include additional instructions, and such instructions shall be
submitted in writing;
q) Shall require a malority vote to be adopted;
h) If adopted, shall require that debate on the matter cease and the
meeting proceed to the next item of business.
9.12.12 Where Council or Committee has adopted a resolution to receive a matter
for information, further motions pertaining to that matter may be introduced
at a later time without reauirina a motion to reconsider.
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Motion to Alter the Agenda
9.12.13 A motion to alter the agenda:
a) May be moved or seconded by any Member;
b) Shall not require notice to be introduced;
c) May be introduced orally;
d) Shall not be debated:
e) Mav be amended. and such amendments shall not be debated:
Shall not include additional instructions:
q) Shall require a Majority Vote to be adopted; and
h) If adopted, shall require that the Chair of the meeting address
matters on the agenda in accordance with the amended order of
business.
Motion to Refer
9.12.14 A Motion to Refer a matter:
a) May be moved or seconded by any Member;
b) Shall not reauire notice to be introduced:
Mav be submitted oral
d) May be debated;
e) May be amended;
f) Mav include additional instructions. and such instructions shall
include, to whom the matter is to be referred, which may be Council,
Committee, a Department or a person, and the terms for referring the
matter and the time period, if any, on or within which the matter is to
be returned;
q) Shall be considered before all amendments to the main motion are
considered;
h) Shall require a Majority Vote to be adopted; and
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i) If resolved in the affirmative, shall require that consideration of the
motion immediately cease and the meeting proceed to the next item
of business.
9.12.15 A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and
any amendments that have been put to a veto and shall irnGl�a
amendment that has net Diet boon denided
9.12.16 If communication items, or delegations, are referred to another Agenda item
which is subsequently referred to a future meeting, there is no need to
include the communication items, or delegations, in the Agenda of the
subsequent meeting.
9.12.17 To allow for transparency for the public, if a Standing Committee refers an
item to a future meeting, Council shall not consider the item without a 1/4
majority vote prior to the future meeting to which it was referred.
1 0 12 1 5 A metien to refer, er aRy amendment to it is debatable and shall innlode•
Motion to Defer
9.12.18 A motion to Defer a matter:
a) Mav be moved or seconded by anv Member;
b) Shall not require notice to be introduced;
c) May be submitted orally;
d) May be debated;
e) May be amended;
f) Shall include the time and place to which the matter is proposed to
be deferred;
q) Shall not include additional instructions;
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h) Shall require a Majority Vote to be adopted: and
a4i) If resolved in the affirmative, shall require that consideration of the
motion immediately cease and the meeting proceed to the next item
of business, and the matter shall be added to the agenda of the
future meeting to which it was deferred.
9.12.19 To allow for transparency for the public, if a Standing Committee defers an
item to a future meeting, Council shall not consider the item without a 3/
majority vote prior to the future meeting to which it was deferred.
Motion to Amend
9.12.20 A motion to amend another motion at a meetin
a,_ May be moved or seconded by any Member:
b) Shall not reauire notice to be introduced-
a)cShall be presented in writing if requested by the Chair;
b}dL__Shall relate to the subject matter of the main motion;
e)Shall not be received proposing a direct negative to the
quest+eamotion it seeks to amend;
f) May be debated;
a) Mav itself be amended. however onlv one amendment to an
amendment may be considered at a time:
E}h) Shall require a majority vote to be adopted;an4
i) Shall be put to a vote in reverse order to the order in which the
amendments are made., ai iu
If resolved in the affirmative, shall require that consideration of the
motion continue as amended.
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Motion to Amend Something Previously Adopted
9.12.21 A motion to amend something previously adopted:
a) May be moved or seconded by any Member;
b) Shall require notice to be given in accordance with this Procedural
By-law;
c) Shall be submitted in writing;
d) May be debated, however debate shall be confined to reasons for or
against the subject of the amendment;
e) May be amended;
f) May seek to amend all or only a portion of a motion;
g) Shall only be considered by Council;
h) Shall require a Two -Thirds Majority Vote to be adopted if the motion
was adopted in the current term of Council or a simple majority vote if
the motion was adopted by a previous term of Council; and
a)i) If decided in the affirmative, shall require that amendment of the
matter become the next item of business, unless the motion calls for
a future date, and debate on the amended motion may proceed as
thouah it previously had never been voted on.
9.12.22 No "motion to amend something previously adopted" a ` eGided matter e
SeuRGiIshall be in order when the original motion has been implemented
resulting in a legally binding commitment that is in place on the date that a
motion to FeGGnsider, ^r amend, is to be debated.
Question Be Now o„+Motion to Call the Vote
9.12.23 A motion that the q esti^^ be new p eta vote on the matter be now taken:
May be moved or seconded by any Member who has not already
saoken on the matter:
b) Mav be made onlv by a Member who is recoanized by the Chair and
is on the Chair's list of Members wishing to speak to the motion;
c) Shall not reauire notice to be introduced:
d) May be submitted orall,
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a)e Ic nn+ rlo�loShall not be debated;
ff) GaRROt Shall not be amended;
Wg) Shall not include additional
+ instructions:
"/ '"annet he proposed heR there *6 aMGRdiRg ndi iRGR URaer
Gensirderation eXGent for the purpose of reeving that the amending
R;GtmeR be May be proposed with respect to any motion currently
under consideration;
h) Shall require a Two -Thirds Majority Vote to be adopted; and
d-}ji___If resolved in the affirmative, shall require. that the q iestien(s)
motion; ameRd'Rn motion or motion as emeRded whinheyer is Ynrder
ooncirderation be put forward immediately witheut debate or
amendmentto a vote immediately without further debate.;
p ham_ a moved inthe fnlIGWinn words, "that re ir�tinn he ReW P it";
Motion to Table
9.12.24 A motion to Table a matter:
a) May be moved or seconded by any Member;
b) Shall not require notice to be introduced;
c) May be submitted orally;
d) Shall not be debated;
e) Shall not be amended;
f) Shall not include additional instructions;
q) Shall require a Majority Vote to be adopted; and
h) If resolved in the affirmative, shall require that consideration of the
motion immediatelv cease and the meetina proceed to the next item
of business.
. nor.�L11r-W.T RF-T v:TT:n:e�r_�:
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9.12.25 The matter tabled shall not be considered again by the Council or
Committee until a motion has been made to lift from the table the tabled
matter at the same or a subsequent Meeting.
9.12.26 A matter tabled at a Meeting of Committee may be lifted from the table by
Council.
9.12.27 A matter tabled at Council may not be lifted from the table at a Meeting of
Committee.
9.12.28 A motion to table shall only be used to table a matter indefinitely. For clarity,
if Council/Committee wishes to consider a matter at a future meeting, a
referrmotion to refer or dert would be in order.
9.12.29 A motion that has been tabled at a previous Meeting cannot be lifted from
the table unless notice thereof is given in accordance with Sub -section 7.14.
Motion to Divide
9.12.30 A motion to divide a motion:^ motion nentainiRa d'Stinn+ nrenesals may he
a) _ilriginel motion is duly moved and ceGORdedMay be moved or
seconded by any Member;
b) Shall not reauire notice to be introduced:
c) May be submitted orally
d) Shall not be debated;
e) Shall not be amended;
f) Shall not include additional instructions;
gay propose that one or more clauses in a motion be voted upon
separately, if are distinct proposals;
h) Shall require a Majority Vote to be adopted; and
i) If resolved in the affirmative, shall allow for debate and voting on
each clause of the motion separately, starting with the balance of the
motion, then the clauses that have been divided.
of Mover and cenenrler fer a "metien to divide" de�eto divide BC
u�vrv-Pcr-arra�ccvrra cv-arv�cr�crc
from the eriginal metier•
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- �W - - ffi-
9.12.31 Th�Atter of the divided it (s) are now being Gensidered with the came
per and SeGenderasthe original. The Chair Galls the vote on the divided
The divided clauses shall have the same mover and seconder as the
original motion.
Motion to Rescind
9.12.32 A motion to rescind a arevious resolution of Council:
a) Mav be moved or seconded by anv Member:
b) Shall require notice to be given in accordance with this Procedural
13y lai :See Sub seGtinn 7.14.
c) Shall be submitted in writin
d) Mav be debated:
e) Mav be amended:
f) Shall not include additional instructions:
g May seek to rescind all, or only a portion, of a motion;
h) Shall only be considered by Council;
i) Shall require a Two -Thirds Majority Vote to be adopted if the
resolution to be rescinded was adopted within the current term of
Council or a simple majority vote if the motion was adopted by a
previous term of Council; and
a3i) If decided in the affirmative, requires that the rescinded resolution
Previously adopted by Council is immediately of no further force or
effect.
9.12.33 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to reverse. The part of an order of Council
which has not been acted upon, however, may be rescinded.
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DeconsmderatmonMotion to Reconsider
9.12.34 A Motion to reconsider a previous resolution of Council:
j) May be moved or seconded by any Member;
k) Shall require notice to be given in accordance with this Procedural
By-law:
1) Shall be submitted in writing;
m) May be debated, however debate shall be confined to reasons for or
aaainst the subiect of the reconsideration:
n) May be amended;
o) May seek to reconsider all or only a portion of a motion;
p) Shall only be considered by Council;
q) Shall require a Two -Thirds Majority Vote to be adopted if the motion
was adopted in the current term of Council or a simple majority vote if
the motion was adopted by a previous term of Council; and
r) If decided in the affirmative, shall require that reconsideration of the
matter become the next item of business, unless the motion calls for
a future date, and debate on the reconsidered motion may proceed
as though it previously had never been voted on.
9.12.35 A recap itien by law er aRy euestien er matter (evnent one of indefinite
neotnnnem ent) whieh has been adopted nreyie, sly by Gei innil mays he
renenciidererd by Gei innil s ihieet to the felIGWiRg:
e
previded fer
Sub eEtie[7vn 7.14
a' Debate en a motion to renencilder must he nenfinerd to reocenc fer or
9.12.36 No discussion of the main s bstantoye motion shall be allowed until the
motion fer reeeRsideFa#Gnto reconsider is GaFriedadopted.;
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n) If a motion to reGensider is decided on the affirmative, Gh
renorfsideratlen shall beGeme the newt order of b iciness Unless the
motion Galls for a future ire date, debate on the question to be
ren,G.Rsiidered magi nroneed as thei soh it previously had Ruler been
voted
..t
9.12.37 If a motion to reconsider is decided in the affirmative at a Meeting, the
previously adopted resolution of Council remains in force unless and until
Council adopts a new resolution
9.12.38 A vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council.
9.12.39 Where a written decision of the
(l�Ontario Land Tribunal (OLT) identifies findings with regard to an
appeal and delivers those findings to Council to make a new decision, the
matter shall be placed as soon as practicable on the PD Committee meeting
agenda by way of a staff report, following receipt of the written decision from
LPAT01-3 . The matter shall be deemed not to be a "reconsideration" under
oeotion 10 11- 30 of this By-law.
9.12.40 No motion to reconsider a decided matter of Council shall be in order when
the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider
mend is to be debated.
Motion to Suspend the Rules of Procedure
9.12.41 A motion to susaend the rules of procedure:
a) May be moved or seconded by any Member;
b) Shall not require notice to be introduced;
c) May be introduced orally;
d) Shall not be debated;
e) Shall not be amended;
f) Shall not include additional instructions;
q) Shall require a Three -Quarters Vote to be adopted; and
h) If adopted, shall require the Chair of the meeting to observe and
enforce the rules of procedure as altered by the resolution.
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Motion to Recess
9.12.42 A motion to recess a meeting:
a) May be moved or seconded by any Member:
b) Shall not require notice to be introduced;
c) May be introduced orally:
d) Shall not be debated:
e) May be amended, and such amendments shall not be debated;
f) Shall saecifv the amount of time the meetina shall stand recessed:
q) Shall not include additional instructions;
h) Shall require a Majority Vote to be adopted; and
a4i) If resolved in the affirmative, requires that the Chair declare a recess
and state the time that the meeting is scheduled to resume, A-R4e#kea
to ronoss shall provide for Ge inril or Committee to take a shorF
intermission within a lV4e nrr which shall neither end the Meeting nor
destroy its continuity and after which, proceedings shall immediately
resume at the point where they were interrupted.
1 r.iiNKE$'' .n:L�S1:117. TOT:LLT-4f7T1
Motion to Adjourn
9.12.43 A motion to adjourn a meeting:
a) May be moved or seconded by any Member;Shall always he in order
eXGent as nroVi`ted by this PFGGed Errol By lay.
,
b) IS ROt OR order when a Member SsF aking or during the verificatcivrnr
&;Shall not require notice to be introduced;
c) WheR resolved OR the Regative, GaRRet be made again URtil after
some iRtermediate PrGGeediRgS shall have been ..
leted by
GounGil or Committee, as the Gase ma � be; MaV be introduced.
e) If Garried, i �withot ni alifinotione will hriRg a Meeting to an en` -; hall
e
not be amended:
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9.12.44
The Corporation of the Municipality of Clarington
Pro, cedural By-law 2023-xxx
f) To a speGfGttirne, or te reGenveneupon rthe happening f a sneGifi a
event, of Faded ci icnonr s the Meeting to Gemini ie at SUnh time;
andShall not include additional instructions;
q) 16 net dehntable.Shall be in order except:
i. When a Member is speaking or during the taking of a vote;
ii. immediately following the affirmative resolution of a motion
that a vote on the matter be now taken; and
iii. When a Member has already indicated to the Chair that they
wish to speak on the matter.
h) Shall require a Majority Vote to be adopted;
i) If resolved in the negative, shall not be made again until Council has
conducted further proceedings; and
g-)i) If resolved in the affirmative, shall require that the meeting be
adiourned immediatelv.
A motion to proceed beyond the scheduled adjournment time:
a) Mav be moved or seconded by anv Member:
b) Shall not require notice to be introduced;
c may be introduced orally;
a)dShall not be amended or debated;
e) Shall not be amended;
f) Shall not include additional instructions;
b-)g _ Shall always be in order except when a Member is speaking or the
Members are voting; -and
n)Shall require thethe s to he suspended,
a Three -Quarters
Vote to be adopted;
i) If resolved in the negative, the meeting shall be adlourned unless an
alternative extension is proposed by a Member; and
If resolved in the affirmative. shall reauire the Chair to continue the
meeting until all matters are dealt with or until the new scheduled
adlournment time.
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9.13 Voting on Motions
9.13.1 Immediately preceding the taking of the vote on a motion, the Chair may
state the question in the form introduced and shall do so if required by a
Member.
9.13.2 After a question is finally put by the Chair no Member shall speak to the
question nor shall any other motion be made until after the vote is taken and
the result has been declared.
9.13.3 If, during the call of the vote, there is ambiguity by a Member on what is
being voted on, the Member may be afforded the clarity, the call for vote
may start again, and a Member is entitled to change their vote.
9.13.4 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
vote on the question.
9.13.5 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put,
the member shall be deemed to have voted in the negative.
9.13.6 A Member not in their seat when the question is called by the Chair is not
entitled to vote on that question.
9.13.7 Each Member has only one vote.
9.13.8 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
9.13.9 Where a vote is taken and a tie results, the motion shall be deemed to have
been decided in the negative.
9.13.10 Except for a Recorded Vote, the Chair shall announce the result of every
vote.
Unrecorded Vote
9.13.11 The manner of determining the decision of the Council or Committee on a
motion shall be at the discretion of the Chair and may be by voice, show of
hands, sta,Rd n, or otherwise.
Recorded Vote
9.13.12 A Recorded Vote shall be in order at Council, Committee and Local Board
meetings, and may be requested immediately before or after the taking of
the vote.
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9.13.13 When a Recorded Vote is requested by a Member during a Meeting, or is
otherwise required, the Municipal Clerk shall record the name and vote of
every Member.
9.13.14 The order in which Members vote on recorded votes shall be in alphabetical
order of the Members present and voting, commencing with the Member
who made the request and continuing through the alphabet and then back
to the beginning of the alphabet, if necessary, until all Members have voted.
The Chair shall vote last.
9.13.15 If a request for a recorded vote is made by the Chair, the order in which
Member's vote shall be in alphabetical order of the Members present and
voting. The Chair shall vote rsttirsi.
9.13.16 The Municipal Clerk, or deSigRate shall announce the results of the
Recorded Vote.
9.14 Conduct of the Audience
9.14.1 Members of the public who constitute the audience in the Council Chamber
or adjacent to the Meeting room, or in an electronic meeting, or other such
place where the Meeting is held in accordance with Sub -section 4.1 of this
Procedural By-law, during a Meeting, shall maintain order and quiet and
may not:
a) Address Council or Committee without permission;
b) Interrupt any speaker or action of the Members or any other person
addressing Council or Committee;
c) Speak out;
d) Clap, except following award presentations;
e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
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Section 10 - Implementation
10.1 Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
10.2 If a court or tribunal of competent jurisdiction declares any portion of this Bym
law to be illegal or unenforceable, that portion of this By-law shall be
considered to be severed from the balance of the By-law, which shall
continue to operate in full force and effect.
10.3 By-law 2021-054 and all amendments thereto, are hereby repealed.
10.43 This Procedural By-law shall come into full force and effect on the date of
passing.
By-law passed in open session this day of, , 2023.
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Attachment 2 to Report LGS-017-23
2023 Clarington Council and Committee Meeting Schedule
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-
623-3379 ext. 2131
Calendar Legend
General Government Committee — 9:30 a.m.
Planning and Development Committee — 5 p.m.
Council — 6:30 p.m.
Joint Committees — 9:30 a.m.
Observing Statutory Holidays
Special Budget Meeting — 9:30 a.m.
Special Meeting
January
Su
Mo
Tu
We
Th
Fr
Sa
1
3
4
5
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9
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April
Su
Mo
Tu
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Fr
Sa
1
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July
Su
Mo
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October
Su
Mo
Tu
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Fr
Sa
1
2
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
View Meeting Schedule List
(including special meeting start times)
February
Su
Mo
Tu
We
Th
Fr
Sa
1
2
4
5
6
7
8
9
10
11
12
13
14
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16
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28
May
Su
Mo
Tu
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Fr
Sa
1
2
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9
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August
Su
Mo
Tu
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Sa
1
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November
Su
Mo
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Sa
1
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March
Su
Mo
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Sa
1
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9
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June
Su
Mo
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Sa
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September
Su
Mo
Tu
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Sa
1
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9
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December
Su
Mo
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1
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9
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Page139
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2023 Clarington Council and Committee Meeting Schedule
Unless otherwise stated, all meetings will be held in a hybrid format via Microsoft Teams and In -person
in the Council Chambers.
May 2023
May 1: Council — 6:30 p.m.
May 8: Joint Committees — 9:30 a.m.
May 15: Council — 6:30 p.m.
May 25: Special General Government Committee, Bus Tour — 9 a.m.
May 29: General Government Committee — 9:30 a.m.
May 31: Special General Government Committee, Clarington Public Library, Newcastle Branch — 9:30 a.m.
June 2023
June 5: Planning and Development Committee — 6:30 p.m.
June 12: Council — 6:30 p.m.
June 19: Joint Committees — 9:30 a.m.
June 26: Council — 6:30 p.m.
July and August 2023
Summer Recess — No meetings
September 2023
September 11: General Government Committee — 9:30 a.m.
September 18: Planning and Development Committee — 5 p.m.
September 25: Council — 6:30 p.m.
October 2023
October 16: General Government Committee — 9:30 a.m.
October 23: Planning and Development Committee — 5 p.m.
October 30: Council — 6:30 p.m.
Page140
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2023 Clarington Council and Committee Meeting Schedule
(continued)
November 2023
November 6: General Government Committee — 9:30 a.m.
November 13: Planning and Development Committee — 5 p.m.
November 20: Council — 6:30 p.m.
November 24: Special Budget Meeting — 9:30 a.m.
November 27: Special Budget Meeting — 9:30 a.m.
December 2023
December 4: General Government Committee — 9:30 a.m.
December 11: Planning and Development Committee — 5 p.m.
December 18: Council — 6:30 p.m.
Page 141
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2024 Clarington Council and Committee Meeting Schedule
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-
623-3379 ext. 2131
Calendar Legend
General Government Committee — 9:30 a.m.
Planning and Development Committee — 6:30 p.m.
Council — 6:30 p.m.
Joint Committees — 9:30 a.m.
Observing Statutory Holidays
Special Budget Meeting — 9:30 a.m.
Special Meetina
January
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
April
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
July
Su
Mo
Tu
We
Th
Fr
Sa
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
October
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
M
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
View Meeting Schedule List
(including special meeting start times)
February
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
dME
20
21
22
23
24
25
26
27
28
29
May
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
August
Su
Tu
We
Th
Fr
Sa
1
2
3
46
;12
7
8
9
10
1113
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
November
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
March
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4+
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
June
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
September
Su
Mo
Tu
We
Th
Fr
Sa
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
December
Su
Mo;24
We
Th
Fr
Sa
1
4
5
6
7
8
11
12
13
14
15
16
18
19
20
21
22
23
27
28
29
30
r Q�jG IYG
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2024 Clarington Council and Committee Meeting Schedule
Unless otherwise stated, all meetings will be held in a hybrid format via Microsoft Teams and In -person
in the Council Chambers.
January 2024
January 15: General Government Committee — 9:30 a.m.
January 22: Planning and Development Committee — 5 p.m.
January 29: Council — 6:30 p.m.
February 2024
February 5: General Government Committee — 9:30 a.m.
February 12: Planning and Development Committee — 5 p.m.
February 26: Council — 6:30 p.m.
March 2024
March 4: General Government Committee — 9:30 a.m.
March 18: Planning and Development Committee — 5 p.m.
March 25: Council — 6:30 p.m.
April 2024
April 8: General Government Committee — 9:30 a.m.
April 15: Planning and Development Committee — 5 p.m.
April 22: Council — 6:30 p.m.
May 2024
May 6: General Government Committee — 9:30 a.m.
May 13: Planning and Development Committee — 5 p.m.
May 27: Council — 6:30 p.m.
June 2024
June 3: General Government Committee — 9:30 a.m.
June 17: Planning and Development Committee — 5 p.m.
June 24: Council — 6:30 p.m.
Page143
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2024 Clarington Council and Committee Meeting Schedule
(continued)
July and August 2024
Summer Recess — No meetings
September 2024
September 9: General Government Committee — 9:30 a.m.
September 16: Planning and Development Committee — 5 p.m.
September 23: Council — 6:30 p.m.
October 2024
October 7: General Government Committee — 9:30 a.m.
October 21: Planning and Development Committee — 5 p.m.
October 28: Council — 6:30 p.m.
November 2024
November 4: General Government Committee — 9:30 a.m.
November 11: Planning and Development Committee — 5 p.m.
November 18: Council — 6:30 p.m.
November 25: Special Budget Meeting — 9:30 a.m.
December 2024
December 2: General Government Committee — 9:30 a.m.
December 9: Planning and Development Committee — 5 p.m.
December 16: Council — 6:30 p.m.
Page144
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2025 Clarington Council and Committee Meeting Schedule
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-
623-3379 ext. 2131
Calendar Legend
General Government Committee — 9:30 a.m.
Planning and Development Committee — 6:30 p.m.
Council — 6:30 p.m.
Joint Committees — 9:30 a.m.
Observing Statutory Holidays
Special Budget Meeting — 9:30 a.m.
Special Meetina
January
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
April
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
July
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
October
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
View Meeting Schedule List
(including special meeting start times)
February
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
19
20
21
22
23
24
25
26
27
28
May
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
--r
I
_j
August
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
November
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
March
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
June
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
September
Su
Mo Tu
We
Th
Fr
Sa
2
3
4
5
6
7
9
10
11
12
13
14
16
17
18
19
20
21
22 23
24
25
26
27
28
29
Ll
December
Su
Mo
Tu
We
Th
Fr
Sa
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
21
22
23
24
25
jj�27
28
29
30
31
r QI�.G IYJ
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2025 Clarington Council and Committee Meeting Schedule
Unless otherwise stated, all meetings will be held in a hybrid format via Microsoft Teams and In -person
in the Council Chambers.
January 2025
January 13: General Government Committee — 9:30 a.m.
January 20: Planning and Development Committee — 5 p.m.
January 27: Council — 6:30 p.m.
February 2025
February 3: General Government Committee — 9:30 a.m.
February 10: Planning and Development Committee — 5 p.m.
February 24: Council — 6:30 p.m.
March 2025
March 3: General Government Committee — 9:30 a.m.
March 17: Planning and Development Committee — 5 p.m.
March 24: Council — 6:30 p.m.
April 2025
April 7: General Government Committee — 9:30 a.m.
April 14: Planning and Development Committee — 5 p.m.
April 28: Council — 6:30 p.m.
May 2025
May 5: General Government Committee — 9:30 a.m.
May 12: Planning and Development Committee — 5 p.m.
May 26: Council — 6:30 p.m.
June 2025
June 2: General Government Committee — 9:30 a.m.
June 16: Planning and Development Committee — 5 p.m.
June 23: Council — 6:30 p.m.
Page146
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2025 Clarington Council and Committee Meeting Schedule
(continued)
July and August 2025
Summer Recess — No meetings
September 2025
September 8: General Government Committee — 9:30 a.m.
September 15: Planning and Development Committee — 5 p.m.
September 22: Council — 6:30 p.m.
October 2025
October 6: General Government Committee — 9:30 a.m.
October 20: Planning and Development Committee — 5 p.m.
October 27: Council — 6:30 p.m.
November 2025
November 3: General Government Committee — 9:30 a.m.
November 10: Planning and Development Committee — 5 p.m.
November 17: Council — 6:30 p.m.
November 24: Special Budget Meeting — 9:30 a.m.
December 2025
December 1: General Government Committee — 9:30 a.m.
December 8: Planning and Development Committee — 5 p.m.
December 15: Council — 6:30 p.m.
Page147
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2026 Clarington Council and Committee Meeting Schedule
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-
623-3379 ext. 2131
Calendar Legend
General Government Committee — 9:30 a.m.
Planning and Development Committee — 6:30 p.m.
Council — 6:30 p.m.
Joint Committees — 9:30 a.m.
Observing Statutory Holidays
Special Budget Meeting — 9:30 a.m.
Special Meeting
January
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 26 27 28 29 30 31
April
Su
Mo
Tu
We
Th
Fr
Sa
1
2
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
July
Su
Mo
Tu
We
Th
Fr
Sa
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
October
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
View Meeting Schedule List
(including special meeting start times)
February
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
May
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
NEEME
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
August
Su
Mo
Tu
We
Th
Fr
Sa
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1 18
19
20
21
22
23
24
25
26
27
28
29
30
31
November
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
March
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
June
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
September
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
1 21
22
23
24
25
26
27
28
29
30
December
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18[26
20
21
22
23
24
27
29
30
31
Page148
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2026 Clarington Council and Committee Meeting Schedule
Unless otherwise stated, all meetings will be held in a hybrid format via Microsoft Teams and In -person
in the Council Chambers.
January 2026
January 12: General Government Committee — 9:30 a.m.
January 19: Planning and Development Committee — 5 p.m.
January 26: Council — 6:30 p.m.
February 2026
February 2: General Government Committee — 9:30 a.m.
February 9: Planning and Development Committee — 5 p.m.
February 23: Council — 6:30 p.m.
March 2026
March 2: General Government Committee — 9:30 a.m.
March 9: Planning and Development Committee — 5 p.m.
March 23: Council — 6:30 p.m.
April 2026
April 13: General Government Committee — 9:30 a.m.
April 20: Planning and Development Committee — 5 p.m.
April 27: Council — 6:30 p.m.
May 2026
May 4: General Government Committee — 9:30 a.m.
May 11: Planning and Development Committee — 5 p.m.
May 25: Council — 6:30 p.m.
June 2026
June 1: General Government Committee — 9:30 a.m.
June 15: Planning and Development Committee — 5 p.m.
June 22: Council — 6:30 p.m.
Page149
As of May 15, 2023
Attachment 2 to Report LGS-017-23
2025 Clarington Council and Committee Meeting Schedule
(continued)
July and August 2026
Summer Recess — No meetings
September 2026
Election Recess — No meetings
October 2026
Election Recess — No meetings
November 2026
November 23: Inaugural Council Meeting — 6:30 p.m.
December 2026
December 7: General Government Committee — 9:30 a.m.
December 14: Planning and Development Committee — 5 p.m.
December 21: Council — 6:30 p.m.
Page150
As of May 15, 2023
Attachment 3 to Report LGS-013-23
Summary of Durham Area Meeting Dates/Times
Municipality
Committee
Council
Summer
Notes
Start Time
Meeting
Hiatus? Or
Start
Breaks?
Time
Clarington -
9:30 a.m. &
6:30 p.m.
July & August
Every Monday: GGC, PDC, Council,
Current
6:30 p.m.
skipping Statutory Holidays
(Planning)
Clarington -
9:30 a.m. &
5:00 p.m.
July & August
One cycle per month (GGC, PDC,
Proposed
6:30 p.m.
& March
Council) skipping Statutory
(Planning)
Break &
Holidays.
Conference
Week
Region
9:30 a.m.
9:30 a.m.
July & August
Will call special meetings, if needed,
& March
during election hiatus
Break & July -
November
during a
regular
election year
Ajax
1:00 P.M.
7:00 p.m.
July & August
Two standing committees and one
(GGC) &
Council meeting per month. For
7:00 p.m.
Statutory Holidays that fall on
(Planning)
Monday, the meeting just gets
moved to the Tuesday.
Brock
10:00 a.m.
6:00 p.m.
July & August
All of the Statutory public meetings,
(Week 2)
Changed this
as well as any contentious public
3:00 p.m.
for 2023 to
meetings, are held during the 6:00
same day as
reflect a start
pm Council meeting. Also hold a
Council
time of 10:00
"Workshop" meeting quarterly on the
(Week 4)
am and they
1 st Monday of those months and
will be Council
they are listed as "tentative". If there
not COW.
is no workshop topic, they cancel it.
Page 151
Attachment 3 to Report LGS-013-23
Summary of Durham Area Meeting Dates/Times
Municipality
Committee
Council
Summer
Notes
Start Time
Meeting
Hiatus? Or
Start
Breaks?
Time
Oshawa
9:30 a.m. &
9:30 a.m.
July & August
Two Standing Committees meet in
1:30 p.m.
& March
the first week of meeting rotations
Break
and two meet on the second week.
Meetings are held Mondays at 9:30
and 1:30 on a 4 week rotation.
Planning Act Public meetings are
held, when required, at 6:30 p.m. on
the same date as the regular
Economic and Development
Services Committee meeting (Week
1 of Standing Committee meetings).
No meetings held on Week 3.
City Council meetings are held at
9:30 a.m. on Mondays (Week 4 of
meeting rotation.)
Pickering
2:00 p.m.
7:00 p.m.
July & August
Both Committees meet on the first
(Executive
Monday of each month, and Council
Committee)
meets on the fourth Monday of each
& 7:00 p.m.
month. If a Council or Committee
(Planning)
Meeting falls on a public or civic
holiday, the meeting occurs at the
same time on the following day
which is not a holiday unless
otherwise provided by resolution of
Council.
Scugog
1:30 p.m.
6.30 p.m.
July & August
Three week rotation (GPA 2nd
(GPA) &
Monday; PCA 3rd Monday; Council
6:30 p.m.
4th Monday) If meeting falls on a
(Planning)
stat holiday, we adjust schedule
accordingly which may result in a
meeting the 1st Monday of the
month.
Page 152
Attachment 3 to Report LGS-013-23
Summary of Durham Area Meeting Dates/Times
Municipality
Committee
Start Time
Council
Meeting
Start
Time
Summer
Hiatus? Or
Breaks?
Notes
Uxbridge
10:00 a.m. &
10:00
July & August
GPA on 1st and 3rd Mondays,
7:00 p.m.
a.m.
= Once per
excluding Statutory Holidays.
(Planning
month only
Regular Council meetings alternate
meeting only
2nd and 4th Monday of the month,
if required)
excluding Statutory Holidays.
Whitby
7:00 p.m.
7:00 p.m.
One Special
Cycle = Planning Public Meeting,
Council
Committee of the Whole two weeks
Meeting in
in a row, followed by Council.
July & August,
if required
Page 153
Clarftwn
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: May 8, 2023 Report Number: FSD-022-23
Submitted By: Trevor Pinn, Deputy CAO/Treasurer
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: 2024 Budget Schedule
Recommendations:
1. That Report FSD-022-23 and any related delegations or communication items, be
received;
2. That the Council meeting calendar being amended to change the 2024 Budget
meetings from January/February 2024 to November/December 2023 as outlined in
Report FSD-022-23, be approved;
3. That Staff be directed to prepare a multi -year budget for the years 2024 to 2027 in
accordance with the Multi -Year Budget Policy;
4. That the tax levy increase be equalized between the three years to provide a stable
level of funding;
5. That a dedicated capital levy not to exceed 2.0 percent be included in the proposed
budget; and
6. That all interested parties listed in Report FSD-022-23 and any delegations be
advised of Council's decision.
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Report Overview
Page 2
Staff are recommending several changes to the annual budget process this year. A Multi -
Year Budget for the years 2024 to 2027 will provide Council, Staff and Taxpayers with
knowledge of the available resources to meet the strategic, growth and service needs of the
Municipality while stabilizing increases to the tax levy to a predictable level.
A change in the schedule is recommended to move the budget deliberations from the first
two months of 2024 to the last two months of 2023. This will provide Council to deliberate
the budget prior to the start of the fiscal year. Further, by moving up the budget approval the
procurement process can begin earlier which is anticipated to result in more competitive
procurements.
A dedicated capital levy is recommended which follows a growing best practice in Ontario
municipalities to identify the funding needed for asset management purposes to maintain the
critical infrastructure that allows a municipality to provide service to taxpayers.
1. Background
Budget Policy
1.1 General Government Committee approved Report FSD-019-23 Multi -Year Budget
Policy at its meeting on of April 17, 2023. This policy replaced the Budget Policy G14
which had been approved in 2019.
1.2 The Multi -Year Budget Policy allows Council to approve a budget up to four years in
length, with annual updates and confirmations occurring during the life of the Budget.
1.3 The Multi -Year Budget Policy does not include requirements for the timing of the
approval of the budget, or the proposed tax levy changes during the time period.
Council is identified as being responsible for setting the budget guidelines and
timeframes.
Economic Factors
1.4 It is too early to predict the economic factors that may impact the Municipality
throughout the 2024 to 2027 time period; however, there are some economic
expectations over the short to mid time frame that will impact the preparation of the
budget. The annual update process is the opportunity to consider and apply new
information to the forecasted budget for future years.
1.5 In its April Monetary Policy Report, the Bank of Canada indicated that it continues to
target an inflationary control range of one to three percent to seek the maximum
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sustainable level of employment. The mid -point of the range is the inflationary target,
two percent, that the Bank of Canada is aiming to achieve.
1.6 The Bank of Canada is estimating that the Consumer Price Index (CPI) year -over -year
rate will decrease from 6.8 percent in 2022 to 3.5 percent in 2023 down to 2.3 percent in
2024. It is expected that by 2025 inflation will be back to the target level at
approximately 2.1 percent. It should be noted that while the CPI is an inflationary index
used for households, the basket of items used to determine the index is not reflective of
the types of goods and services that the Municipality purchases.
1.7 Per the Government of Canada, the unemployment rate for March 2023 was 4.4 percent
for the Oshawa economic region (which includes Clarington). This is below the national
average of 5.0 percent. (Table 14-10-0354-01 Regional unemployment rates used by
the Employment Insurance program, three-month moving average, seasonally
adjusted).
1.8 The 2023 Province of Ontario Budget did not indicate any new grant programs available
to the Municipality, nor any significant changes to existing programs. The Canada
Community -Building Fund which is funded by the Government of Canada is expected to
continue at an indexed level per capita.
2. Budget Preparation Calendar
Overview
2.1 Staff are recommending that a 2024 to 2027 Multi -year Budget be prepared for
Council's consideration. The Multi -Year Budget would be structured to stabilize levy
increases during the budget period and consider the requirements of the Council
Strategic Plan, Asset Management Plan, Development Charges Study and other master
plans during this timeframe.
2.2 The budget sets spending guidelines and priorities for the Municipality's operating year
of January 1 to December 31. It is beneficial to pass the budget early in the year to
allow Staff sufficient time to complete the capital plan and adjust operating priorities.
Historically, the Municipality has passed its budget between late January and mid -March
2.3 Staff from Legislative Services and Financial Services have met to discuss the budget
meeting dates for 2023 to 2026. Staff are recommending an eventual move to one
budget meeting date, consolidating the external agencies and the budget deliberation
dates into one day. This would be an effective use of Council and Staff time and reduce
the need for additional meetings.
2.4 Staff are recommending that for the Initial 2024 to 2027 Multi -Year Budget process that
the separate agency/presentation and deliberation schedule remain. This will provide
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the Treasurer with the ability to present the four year budget and the changes from the
traditional process in a meaningful way to Council and the public.
2.5 For the annual budget updates for the 2025 and 2026 year, one meeting day is
recommended as it is expected that the information will be scoped to significant
changes to the budget. It is expected that agency presentations and deliberations would
not need to be as long. For the 2027 update, two meetings would be held again as this
would be a new Council which could include new members with a need to educate
Council being included in the budget process.
2024 Key Dates
2.6 There is a best practice that budgets should be adopted by the government prior to the
start of the fiscal year. This provides direction and authorization for the utilization of
public resources to provide service prior to the actual year starting.
2.7 Another reason for moving up the budget process is to allow for the procurement
processes associated with goods and services to start earlier in the year. This could
result in a more competitive process as more suppliers are available to complete the
work.
2.8 Based on the above, the 2024 budget calendar for Council deliberations is as follows:
November 13, 2023
November 24, 2023
November 27, 2023
December 18, 2023
Status Quo Schedule
Draft Budget released to the public
Special GGC Meeting — Presentation and external
agency delegations
GGC Meeting — Budget deliberations
Council Meeting — Budget ratification
2.9 Council alternatively may continue with the existing dates, which result in meetings
starting Friday, January 26, 2024, with ratification on February 12, 2024.
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2.10 The draft book under this approach would be released publicly on January 15, 2024.
Subsequent Years
2.11 Based on the above recommendation for update years to be one meeting, the following
dates are proposed for the budget deliberations, ratification to occur at the following
Council meeting:
• November 25, 2024 — Special Budget Meeting (2025 budget year)
• November 24, 2025 — Special Budget Meeting (2026 budget year)
• January 2027 date to be confirmed after start of new term of Council.
2.12 The budget meetings for the 2025 and 2026 updates represent a Monday meeting in
November which is proposed to be an "off" week under the new Procedural By-law, this
eliminates the need for joint meetings, non -Friday meetings, or evening meetings which
Staff understand can conflict with other engagements.
2.13 Under the Municipal Act, 2001, in the year following a general election the budget or
update of a multi -year budget may only be approved in the year that it applies. A
general election is scheduled for 2026, therefore the 2027 budget update may only be
approved after January 1, 2027.
3. Key Assumptions
Levels of Service
3.1 Unless otherwise directed by Council, Staff are not anticipating changes in the level of
service to taxpayers and stakeholders of the Municipality of Clarington. There are no
new services anticipated and no planned service eliminations except as identified
below.
3.2 Council has requested Staff to cost and develop a strategy for the creation of outdoor
skating amenities to be built during this term of Council. The staffing, maintenance and
operating costs for these facilities will be included in the projected four-year budget as
applicable.
3.3 The 2023 to 2026 Strategic Plan, once approved, will be included
Multi -Year Budget to facilitate its implementation and completion.
report, these priorities have not yet been approved by Council.
in the 2024 to 2027
At the date of this
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Report FSD-022-23
3.4 The impacts of anticipated growth, both residential and commercial, will be included to
maintain the existing levels of services. For example, this may include costs for
additional vehicles, snow removal, programming to maintain existing standards.
3.5 Legislative impacts will be included throughout the four-year period to meet our legal
requirements. This could include minimum maintenance standards, Planning Act
changes, or Development Charges Act changes. Alternatives will be identified, if
applicable, to mitigate any costs of responding to the legislation.
3.6 The Municipality will assume that the existing grant opportunities remain unchanged.
This will result in the elimination of the Ontario Community Infrastructure Fund by 2025.
This funding will need to be offset by other sources of funding, or service reductions to
our capital program. The Canada Community -Building Fund will be assumed to occur as
provided by the Association of Municipalities of Ontario.
3.7 Staff are estimating that growth in assessment will be approximately 1.5 percent per
year. This is new growth from additions to existing buildings or new construction. Market
revaluations do not impact the tax levy, they only impact the tax rate that individual
taxpayers would be taxed on.
3.8 Staff are currently reviewing processes throughout the organization with the addition of
two Business Improvement Specialists in the Office of the CAO. These positions will be
identifying opportunities for savings, these savings will be included to the extent they
can be quantified in the proposed 2024 to 2027 Budget. Information regarding savings
will be included in the annual updates as applicable.
Dedicated Infrastructure Levy
3.9 During the 2023 Budget, Council directed Staff to "review the current Budget Control
Policy and provide recommendations, if applicable, to Council including the
development of multi -year budgets and a dedicated infrastructure levy..." Report FSD-
019-23 Multi -Year Budget Policy dealt with the former part of that direction, a dedicated
infrastructure levy is an increasingly common tool used by municipalities to recognize
the cost and fund asset management plan needs.
3.10 As part of the 2024 to 2027 Multi -year Budget, staff will include a dedicated
infrastructure levy amount that is used solely for asset management needs such as
replacement, rehabilitation and repair. The goal of the Multi -Year Budget is, working
with known information from the asset management plan and other municipal plans, to
determine a stable level of funding that is required over the four year period to minimize
the impacts of volatility in any given year. A dedicated infrastructure levy of between 1.0
to 2.0 percent is expected, which is in line with the prior recommendations of the asset
management plan.
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Report FSD-022-23
3.11 The dedicated infrastructure levy will be used to fund the critical investments that are
necessary to maintain our assets. The Province of Ontario has established a regulation
on asset management which requires, in a future phase, that Council establish a
financing strategy for its Asset Management Plan and to report annually on meeting its
financing strategy. The infrastructure levy is a tool in the financing strategy, along with
grants and debentures, that will be used to meet the future funding needs of the
Municipality's Asset Management Plan.
4. Financial Considerations
4.1 The budget process determines the resources available for the Corporation to provide
services and invest in the infrastructure required to provide services to taxpayers in
Clarington.
4.2 The change to a multi -year budget allows for better planning of resources as Staff are
aware of the available resources over the four year period to complete work. Residents
benefit from improved predictability and stability of changes to the tax levy. Council is
able to set a four-year plan; however, with the requirement to review the budget
annually there is still the opportunity to adjust the plan for new information or
unexpected changes.
4.3 No specific target has been recommended at this time as it is recommended that Staff
complete the budget, to meet the goals of Council with an increase that is stable across
the budget period. Council will have the opportunity to review the four year plan and
make budget/service level decisions accordingly.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council approve the revised schedule for the 2024
Budget and assumptions for the preparation of the 2024 to 2027 Multi -year Budget.
Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 x2602 or
tpinn@clarington.net.
Attachments:
Not Applicable
Interested Parties:
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Report FSD-022-23
The following interested parties will be notified of Council's decision:
• Clarington Public Library and Museums
• Visual Arts Centre of Clarington
• Orono BIA
• Newcastle BIA
• Bowmanville Older Adults Association
• Clarington Board of Trade
• Community Care Durham
• Grandview Children's Centre
• John Howard Society of Durham Region
• Newcastle Hall Board
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Clarftwn
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: May 8, 2023 Report Number: FSD-021-23
Submitted By: Trevor Pinn, Deputy CAO/Treasurer
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: CL2023-9 By-law Number:
Report Subject: Supply and Deliver One Tandem -Axle Cab and Chassis (Multi -Year
Contract)
Recommendations:
1. That Report FSD-021-23 and any related delegations or communication items, be
received;
2. That Winslow Gerolamy Motors Limited with a total estimated bid amount of
$373,635 (Net HST Rebate) for the initial one-year term and an estimated five-year
contract value of $5,449,635 (Net HST Rebate) being the lowest compliant bidder
meeting all terms, conditions and specifications of CL2023-9 be awarded the
contract for the Supply and Deliver One Tandem -Axle Cab and Chassis;
3. That pending satisfactory performance and price, the Purchasing Manager, in
consultation with the Director of Public Works, be given the authority to extend the
contract for up to four additional one-year terms;
4. That the total estimated funds required for this project for the first -year term in the
amount of $373,635 (Net HST Rebate) include $370,134.70 (Net HST Rebate) for
snow removal equipment costs and other costs such as radio, GPS unit and
Clarington decal lettering and striping in the amount of $3,500 (Net HST Rebate) be
funded by the Municipality as provided. The estimated funds required for the second,
third, fourth and fifth year will be included in future budget accounts.
Description
Account Number
Amount
Fleet Replacement Roads - (2023)
110-36-388-83642-7401
$330,000
Operations Equipment Reserve Fund
110-36-388-83642-7401
43,635
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Report FSD-021-23
5. That all interested parties listed in Report FSD-021-23 and any delegations be
advised of Council's decision.
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Report FSD-021-23
Report Overview
To request authorization from Council to award CL2023-9 Supply and Delivery of One
Tandem -Axle Cab and Chassis Unit (Multi -Year Contract).
1. Background
Page 3
1.1 Tender specifications for the Supply and Delivery of One Tandem -Axle Cab and
Chassis Unit with snowplow, wing and U-body dump spreader (Multi -Year Contract)
was prepared by the Public Works Department and provided to the Purchasing Services
Division. The tender included the provision for the supply and delivery of future single -
axle and tandem -axle cab and chassis units for up to a five-year term.
1.2 The purpose of the multi -year contract was to secure volume pricing and reduce build
times so that future build spots are promptly reserved for the Municipality based on the
anticipated annual requirements. Based on the budgeted fleet replacement schedule,
the Municipality anticipates replacing eight single -axle cab and chassis units and eight
tandem -axle cab and chassis units over the next four years.
1.3 Tender CL2023-9 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.
1.4 Six plan takers downloaded the tender document.
2. Analysis
2.1 The tender closed on April 3, 2023.
2.2 Two bids were received in response to the tender call.
2.3 The bids were reviewed and tabulated by the Purchasing Services Division (see
Attachment 1) and were deemed compliant. The results were forwarded to the Public
Works Department for their review and consideration.
2.4 After review and analysis by the Public Works Department and the Purchasing Services
Division, it was mutually agreed that the low, compliant bidder, Winslow Gerolamy
Motors Limited, be recommended for the award of tender CL2023-9.
2.5 Winslow Gerolamy Motors Limited has satisfactorily supplied similar equipment to the
Municipality of Clarington in the past and references did not need to be checked.
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3. Financial Considerations
Page 4
3.1 The tandem -axle cab and chassis cost exceeds the allocated budget by $43,635 (Net
HST Rebate). The additional funds required to complete this project will be funded from
the Operations Equipment reserve fund.
3.2 The total funds required for this project in the amount of $373,635 (Net HST Rebate)
include $370,134.70 (Net HST Rebate) for snow removal equipment costs and other
costs such as radio, GPS unit and Clarington decal lettering and striping in the amount
of $3,500 (Net HST Rebate) is within the approved budget allocation and will be funded
by the Municipality as follows:
Description
Account Number
Amount
Fleet Replacement Roads - (2022)
110-36-388-83642-7401
$330,000
Operations Equipment Reserve Fund
110-36-388-83642-7401
43,635
3.3 Pricing submitted for the Supply and Delivery of One Tandem -Axle Cab and Chassis
(Multi -Year Contract) will remain firm for the first contract year. The extension of future
contract years is subject to satisfactory negotiated unit pricing and will remain firm for
the contract year.
3.4 The total estimated contract is for one year plus four optional additional years and is
approximately $5,449,635 (Net HST Rebate) and includes $5,390,135 (Net HST
Rebate) in snowplow equipment and $59,500 (Net HST Rebate) in other costs such as
radios, GPS units and Clarington decal lettering and striping.
3.5 Queries concerning the department's needs should be referred to the Director of Public
Works.
4. Concurrence
This report has been reviewed by the Director of Public Works, who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that Winslow Gerolamy Motors Limited being the lowest
compliant bidder, be awarded the contract for the Supply and Delivery of One Tandem -
Axle Cab and Chassis (Multi -Year Contract) in accordance with the terms and
conditions of Tender CL2023-9.
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Staff Contact: David Ferguson, Purchasing Manager, (905) 623-3379 x2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 — Summary of Bid Results
Interested Parties:
List of Interested Parties available from Department.
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Attachment 1 to Report Number FSD-021-23
Municipality of Clarington
Summary of Bid Results
Tender CL2023-9
Supply and Delivery of One Tandem -Axle Cab and Chassis
(Multi -Year Contract)
One -Year
Potential Five -Year
Bidder
Total Bid
Total Bid
(Net HST Rebate)
(Net HST Rebate)
Winslow Gerolamy Motors Limited
$ 370,134.70
$ 5,449,635
Premiere Truck
429,427.20
6,312,127
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