HomeMy WebLinkAbout2023-06-29Clar*wn
Electronic Council Communications Information
Package
Date: June 29, 2023
Time: 12:00 PM
Location: ECCIP is an information package and not a meeting.
Description: An ECCIP is an electronic package containing correspondence received by Staff for
Council's information. This is not a meeting of Council or Committee.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk
at clerks@clarington.net, if you would like to include one of these items on the next regular agenda
of the appropriate Standing Committee, along with the proposed resolution for disposition of the
matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon
the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the
next regularly scheduled meeting of the applicable Committee.
Members of the Public: can speak to an ECCIP item as a delegation. If you would like to be a
delegation at a meeting, please visit the Clarington website.
Electronic Council Communications Information Package (ECCIP)
June 29, 2023
1
2.
3
Region of Durham Correspondence
1.1 Sewer Main Cleaning and Cured -in -Place Pipe Structure Lining - June
21, 2023
1.2 Notice of Passing of a New Regional Development Charge By-law,
Amendments to GO Transit Development Charges By-law, and
Amendments to Regional Transit Development Charges By-law - June
19, 2023
1.3 Automated Speed Enforcement and Red -Light Camera Program Update
- June 28, 2023
1.4 Durham Agricultural Advisory Committee Resolution Regarding City of
Pickering - Backyard Chickens in Pickering - June 28, 2023
1.5 Durham Region's Response to Provincial Consultation on Bill 97 - The
Helping Homeowners, Protecting Tenants Act, 2023, the Proposed
Provincial Planning Statement, and Related ERO Postings - June 28,
2023
Pages
0
51
75
76
1.6 Durham Active Transportation Committee 2023 Workplan - June 28, 100
2023
1.7 Durham Agricultural Advisory Committee Terms of Reference and 2023 107
Workplan - June 28, 2023
1.8 Durham Environment and Climate Advisory Committee 2023 Workplan 122
and Terms of Reference - June 28, 2023
Durham Municipalities Correspondence
Other Municipalities Correspondence
3.1 Municipality of North Perth - Vacant Building Official Positions - June 26, 138
2023
3.2 Municipality of North Perth - Proposed New Provincial Policy Statement 140
(PPS) - June 26, 2023
Page 2
Electronic Council Communications Information Package (ECCIP)
June 29, 2023
4. Provincial / Federal Government and their Agency Correspondence
4.1 Ontario Human Rights Commission - Calling for Written Submissions to 158
Develop an Action Plan to Tackle Anti -Black Racism in Education
5. Miscellaneous Correspondence
Page 3
Parkway Avenue and Parkway Crescent,
Municipality of Clarington
Sewer Main Cleaning and CIPP Structural Lining
Works Department June 21, 2023 Public Notice
The Region of Durham has contracted Sewer Technologies Inc. to rehabilitate the sanitary sewer
system on your street using the Cured -in -Place Pipe (CIPP) process (a no -dig method of sewer pipe
repair which consists of inserting a liner into the sewer main to render it structural and watertight).
This sewer rehabilitation technology minimizes inconveniences usually associated with conventional
open -cut sewer repairs. This program renews aging infrastructure, improves service and reduces the
risk of sanitary sewer failures. Initial sewer pipe cleaning and preparation work consisting of flushing,
reaming, and/or cutting will commence shortly after receiving this notice. A second notice providing
greater detail to the scope and timing of the lining work will be delivered to your address by the
contractor 48 hours prior to the start of lining work.
The Region realizes that this work may be disruptive and will make every effort to complete the work
as quickly as possible. During construction, access to driveways and all commercial and residential
properties will be maintained in most instances, including emergency traffic and waste collection.
Please note that unfavorable weather conditions may affect the work schedule.
Although the water supply will not be affected during this time there will be a up to a 10-hour window,
as noted on the second notice, where we ask that you avoid discharging water into your drain.
During lining work, please refrain from water usage as follows:
• Do not use showers, bathtubs, sinks, dishwashers, or laundry washers;
• Keep toilet flushing to a minimum; and
• Do not allow water softeners to run a backflush cycle.
These measures will reduce the possibility of sewage flows backing up into the basement or
plumbing. If you have a sump pump, please temporarily disconnect during the lining work period.
Should you have any questions or concerns during this period, please contact one of the following
staff members listed below from The Regional Municipality of Durham Works Department:
Steve Jedinak
Site Inspector
905-668-7711 ext. 3413
steven.jedinak@durham.ca
Chris Holoway
Project Supervisor
905-668-7711 ext. 3410
chris. holoway@durham.ca
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 3488.
Page 4
facebook.com/RegionOfDurham twitter.com/RegionOfDurham
The Regional Municipality of Durham Works Department
605 Rossland Rd. E., Whitby Ont. L1 N 6A3
Telephone: 905-668-7711 or 1-800-372-1102
durham.ca
Soper Court
Parkway Crescent
Park Orhm
m
0o
Parkway Avenuc
Q
pukrrsy Avenue
I
I
Municipality of Claringtan
T-681-2023
Page 5
Prince Street, Municipality of Clarington
(Between Liberty Street South and Simpson Ave)
Sewer Main Cleaning and CIPP Structural Lining
Works Department June 21, 2023 Public Notice
The Region of Durham has contracted Sewer Technologies Inc. to rehabilitate the sanitary sewer
system on your street using the Cured -in -Place Pipe (CIPP) process (a no -dig method of sewer pipe
repair which consists of inserting a liner into the sewer main to render it structural and watertight).
This sewer rehabilitation technology minimizes inconveniences usually associated with conventional
open -cut sewer repairs. This program renews aging infrastructure, improves service and reduces the
risk of sanitary sewer failures. Initial sewer pipe cleaning and preparation work consisting of flushing,
reaming, and/or cutting will commence shortly after receiving this notice. A second notice providing
greater detail to the scope and timing of the lining work will be delivered to your address by the
contractor 48 hours prior to the start of lining work.
The Region realizes that this work may be disruptive and will make every effort to complete the work
as quickly as possible. During construction, access to driveways and all commercial and residential
properties will be maintained in most instances, including emergency traffic and waste collection.
Please note that unfavorable weather conditions may affect the work schedule.
Although the water supply will not be affected during this time there will be a up to a 10-hour window,
as noted on the second notice, where we ask that you avoid discharging water into your drain.
During lining work, please refrain from water usage as follows:
• Do not use showers, bathtubs, sinks, dishwashers, or laundry washers;
• Keep toilet flushing to a minimum; and
• Do not allow water softeners to run a backflush cycle.
These measures will reduce the possibility of sewage flows backing up into the basement or
plumbing. If you have a sump pump, please temporarily disconnect during the lining work period.
Should you have any questions or concerns during this period, please contact one of the following
staff members listed below from The Regional Municipality of Durham Works Department:
Steve Jedinak
Site Inspector
905-668-7711 ext. 3413
steven.jedinak@durham.ca
Chris Holoway
Project Supervisor
905-668-7711 ext. 3410
chris. holoway@durham.ca
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 3488.
Page 6
facebook.com/RegionOfDurham twitter.com/RegionOfDurham
The Regional Municipality of Durham Works Department
605 Rossland Rd. E., Whitby Ont. L1 N 6A3
Telephone: 905-668-7711 or 1-800-372-1102
durham.ca
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T-681-2023
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Municipality ofClarington
Page 7
THIS NOTICE OF PASSING HAS BEEN FORWARDED
TO THE EIGHT AREA CLERKS
June 19, 2023
June Gallagher, Municipal Clerk
Municipality of Clarington
40 Temperance Street
L. Bowmanville, Ontario L1 C 3A6
RE: Notice of The Passing of a New Regional Development
The Regional
Charge By-law; Amendments to GO Transit Development
By-law; Charges B
Municipality g y- ,and Amendments to Regional tonal Transit
of Durham Development Charges By-law Our File: F32
Corporate Services
Department Council, at its meeting held on June 14, 2023, passed the following By -
Legislative Services laws pursuant to the Development Charges Act, 1997:
605 Rossland Rd. E.
Level 1
. By-law #42-2023 being a By-law regarding New Regional
Box 6 Whitby, L1N 6A3
Whitby, ONN
Development Char
ves;
p 9
Canada
. By-law #43-2023 being a By-law to amend By-law #86-2001, a
By-law regarding Regional GO Transit Development Charges;
905-668-7711
d
1-800-372-1102
a n
• By-law #44-2023 being a By-law to amend By-law #39-2022, a
durham.ca
By-law regarding Regional Transit Development Charges
Alexander Harras, M.P.A.
Director of Legislative
Attached are certified copies of the By-laws as well as the three
Services &Regional Clerk
Notices of the Passing by The Regional Municipality of Durham.
I wish to draw to your attention that any person or organization may
appeal these By-laws to the Ontario Land Tribunal (OLT), pursuant to
Section 14 of the Development Charges Act, 1997, by filing with the
Regional Clerk of The Regional Municipality of Durham, on or before
the 24th day of July 2023, a Notice of Appeal setting out the objection
to the By-law(s) and the reasons supporting the objection.
Would you kindly bring this matter to the attention of your Council and
appropriate staff.
Alexander Harras,
Regional Clerk/Director of Legislative Services
AH/np
Attachments
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 2 of 2
c: E. Baxter-Trahair, Chief Administrative Officer
N. Taylor, Commissioner of Finance
R. Jagannathan, Acting Commissioner of Works
B. Bridgeman, Commissioner of Planning and Economic
Development
J. Hunt, Director, Legal Services
B. Holmes, General Manager, Durham Region Transit
Page 9
NOTICE OF THE PASSING OF A DEVELOPMENT CHARGES BY-LAW
BY THE REGIONAL MUNICIPALITY OF DURHAM
TAKE NOTICE that the Council of The Regional Municipality of Durham passed Development Charges By-law No. 42-2023 on the 14" day of June 2023 pursuant to Section 2(1) of the
Development Charges Act, 1997 ("Act");
AND TAKE NOTICE that any person or organization may appeal a development charge by-law to the Ontario Land Tribunal pursuant to Section 14 of the Act, in respect of By-law No. 42-2023,
by filing with the Regional Clerk of The Regional Municipality of Durham on or before the 24`h day of July 2023 a Notice of Appeal setting out the objection to By-law No. 42-2023 and the
reasons supporting the objection.
The schedules of development charges imposed by By-law No. 42-2023 are as follows:
SCHEDULE"B"
RESIDENTIAL DEVELOPMENT CHARGES PER DWELLING UNIT
$ PER DWELLING TYPE
SERVICE
CATEGORY
DETACHED
&SEMI-
DETACHED
$
MEDIUM
DENSITY
MULTIPLES
$
TWO
BEDROOM
APARTMENT
& LARGER
5
ONE
BEDROOM
APARTMENT
& SMALLER
$
Region -Wide Charges
Regional Roads
26,998
21,501
15,718
9,654
Regional Police
977
778
569
349
Long Term Care
548
436
319
196
Paramedic Services
441
351
2S7
158
Waste Diversion
94
75
55
34
Subtotal
29,058
23,141
16,918
10,391
Regional Water Supply & Sanitary Sewer Charges
Water Supply
26,117
20,800
1S,206
9,340
Sanitary Sewerage
23,858
19,000
13,890
8,531
Subtotal
49,975
39,800
29,096
17,871
Total of All Charges
(July 1, 2027 onward)
79,033
62,941
46,014
28,262
With Phase -Ins (see Section 3.18 of By-law 42-2023)
July 1,2023to
June 30, 2024 (80%)
63,226
50,353
36,811
22,610
July1,2024to
June 30, 2025 (85%)
67,178
53,500
39,112
24,023
July 1,2025to
June 30, 2026 (90%)
71,130
56,647
41,413
25,436
July 1,2026to
June 30, 2027 (95%)
75,081
59,793
43,713
26,849
NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 3.16 of 8y4aw No. 42-2023.
SCHEDULE'C" SCHEDULE"D"
COMMERCIAL DEVELOPMENT INSTITUTIONAL DEVELOPMENT CHARGES
$PER SQUARE FOOT OF GROSS FLOOR AREA $PER SQUARE FOOT OF GROSS FLOOR AREA
SERVICE CATEGORY
COMMERCIAL
DEVELOPMENT
CHARGES
Water Supply
7.51
Sanitary Sewerage
12.06
Regional Roads
21.91
Total of All Charges
(July 1, 2027 onward)
41.48
With Phase -Ins (see Section 3.18 of By-law No.42-2023)
July 1,2023toJune 30,2024(804'0)
33.19
July 1, 2024 toJune 30,2025 (85%)
35.26
July 1, 2025 toJune 30,2026 (90%)
37.33
July 1, 2026 to June 30, 2027 (95%)
39.41
SERVICE CATEGORY
INSTITUTIONAL
DEVELOPMENT
CHARGES
Water Supply
2.03
Sanitary Sewerage
2.92
Regional Roads
16.61
Total of All Charges
(July 1, 2027 onward)
21.56
With Phase -ins (see Section 3.18 of By-law No.42-2023)
July 1, 2023 to June 30, 2024 (80%)
17.25
July 1, 2024 to June 30,2025 (85%)
18.33
July 1, 202S to June 30,2026 (90%)
19.40
July 1, 2026 to June 30,2027 (95%)
20.48
NOTE:The development charges described above shall be adjusted annually on July 1 pursuant to Section 3.16 of Byaaw No.42-2023
SCHEDULE"E"
INDUSTRIAL DEVELOPMENT CHARGES
$ PER SQUARE FOOT OF GROSS FLOOR AREA
SERVICE CATEGORY
INSTITUTIONAL
DEVELOPMENT
CHARGES
Water Supply
4.86
Sanitary Sewerage
7.06
Regional Roads
7.59
Total of All Charges (July 1, 2027 onward)
19.51
With Phase -Ins (see Section 3.18 of By-law No.42-2023)
July 1, 2023 to June 30, 2024 (80%)
15.61
July 1, 2024 to June 30, 2025 (85%)
16.58
July 1, 2025 to June 30, 2026 (90%)
17.56
July 1, 2026 to June 30, 2027 (95%)
18.53
NOTE The development charges described above shall be adjusted annually on July 1 pursuant to Section 3.16 of By-law No. 42-2023
By-law No. 42-2023 imposes development charges In regard to the following services: regional
roads, regional police, long term care, water supply, sanitary sewerage, paramedic services, and
waste diversion.
The Regional Municipality of Durham Development Charges By-law No.42-2023 applies to all lands
In the Region of Durham, with the exception of the water supply and sanitary sewerage services
which do not apply to the development of lands located within the Seaton Community. A map of
the Seaton Community is provided below.
A copy of the complete By-law No.
42-2023 Is available for examination in
the office of the Regional Clerk during
regular office hours, Monday to Friday,
8:30 a.m. to 4:30 p.m., at the address
shown below.
DATED AT the Town of Whitby this
141" day of June, 2023.
For further information please contact:
Alexander Harras
Regional Clerk/Director of
Legislative Services
derks(adurham.ca
The Regional Municipality of Durham
605 Rossland Road East, Level 1
P.O. Box 623
Whitby, ON Ll N 6A3
905-668-7711 ext. 20S4
SCHEDULE"F"
SEATON COMMUNITY
/
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.
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1
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Page 10
NOTICE OF THE PASSING OF
AMENDMENTS TO THE BY-LAW REGARDING
REGIONAL TRANSIT DEVELOPMENT CHARGES
BY TH E
� w r
REGIONAL MUNICIPALITY OF DURHAM
TAKE NOTICE that the Council of the Regional Municipality of Durham
passed By-law Number 44-2023, to amend By-law Number 39-2022, being a
By-law regarding Development Charges for Transit Services, on the 14th day of
June 2023 pursuant to Section 19 of the Development Charges Act, 1997,
S.O. 1997, c.27, (the "Act");
ANDTAKE NOTICE that any person or organization may appeal a development
charge by-law to the Ontario Land Tribunal under Section 14 of the Act, by
filing with the Clerk of The Regional Municipality of Durham on or before the
24t" day of July 2023 a notice of appeal setting out the objection to the by-law
and the reasons supporting the objection.
AND TAKE NOTICE that By-law Number 39-2022 imposes development
charges against land to pay for increased capital costs required because of
increased needs for services arising from development of the area to which
the by-law applies if the development requires one or more of the approvals
identified in Section 2(2) of the Act. The amendments are required to address
the changes in the Development Charges Act, 1997 resulting from Bill 23 (More
Homes Built Faster Act); and to align with the new Region -wide development
charges by-law, approved by Regional Council on June 14t" 2023.
AND TAKE NOTICE that this By-law imposes development charges against all
lands in the Region of Durham and accordingly no map is required.
A copy of the complete By-law No. 44-2023 is available for examination in the
office of the Regional Clerk during regular office hours of 8:30 a.m. to 4:30 p.m.
DATED at the Town of Whitby this 1411 day of June 2023.
For further information please contact:
Alexander Harras
Regional Clerk/Director of Legislative Services
clerks@durham.ca
The Regional Municipality of Durham
605 Rossland Road East
P.O. Box 623
Whitby, ON L1 N 6A3
905-668-7711 ext. 2054 Page 11
NOTICE OF THE PASSING OF
AMENDMENTS TO THE BY-LAW REGARDING
REGIONAL GO TRANSIT DEVELOPMENT CHARGES
BY TH E
k REGIONAL MUNICIPALITY OF DURHAM
TAKE NOTICE that the Council of the Regional Municipality of Durham passed
By-law Number 43-2023, to amend By-law Number 86-2001, being a By-law
regarding Development Charges for GO Transit Services, on the 141h day of
June 2023 pursuant to Section 19 of the Development Charges Act, 1997, S.O.
1997, c.27, (the "Act");
AND TAKE NOTICE that any person or organization may appeal a development
charge by-law to the Ontario Land Tribunal under Section 14 of the Act, by
filing with the Clerk of The Regional Municipality of Durham on or before the
24th day of July 2023 a notice of appeal setting out the objection to the by-law
and the reasons supporting the objection.
AND TAKE NOTICE that By-law Number 86-2001 imposes development
charges against land to pay for increased capital costs required because of
increased needs for services arising from development of the area to which
the by-law applies if the development requires one or more of the approvals
identified in Section 2(2) of the Act. The amendments are required to address
the changes in the Development Charges Act, 1997 resulting from Bill 23 (More
Homes Built Faster Act); and to align with the new Region -wide development
charges by-law, approved by Regional Council on June 141h 2023.
AND TAKE NOTICE that this By-law imposes development charges against all
lands in the Region of Durham and accordingly no map is required.
A copy of the complete By-law No. 43-2023 is available for examination in the
office of the Regional Clerk during regular office hours of 8:30 a.m. to 4:30 p.m.
DATED at the Town of Whitby this 141h day of June 2023.
For further information please contact:
Alexander Harras
Regional Clerk/Director of Legislative Services
clerks@durham.ca
The Regional Municipality of Durham
605 Rossland Road East
P.O. Box 623
Whitby, ON L1 N 6A3
905-668-7711 ext. 2054
e12
Authority: Report #2023-F-13
By-law Number 42-2023
of The Regional Municipality of Durham
Being a by-law regarding the imposition of development charges
WHEREAS section 2(1) of the Development Charges Act, 1997, provides that council of a
municipality may by by-law, impose development charges against land to pay for increased
capital costs required because of increased needs for services arising from development of
the area to which the by-law applies if the development requires one or more of the
approvals identified in section 2(2) of the Development Charges Act, 1997;
AND WHEREAS a development charge background study, dated March 28, 2023, has
been prepared in support of the imposition of development charges;
AND WHEREAS the Council of the Regional Municipality of Durham has given notice and
will hold a public meeting on April 12, 2023, in accordance with section 12(1) of the
Development Charges Act, 1997;
AND WHEREAS the Council of the Regional Municipality of Durham has permitted any
person who attended the public meeting to make representations in respect of the
proposed development charges;
AND WHEREAS Council considered all of the submissions made in respect of the
background study and the proposed development charges;
AND WHEREAS at the Council meeting on June 14, 2023, Council approved the Study
and adopted the recommendations in Report #2023-F-13;
NOW THEREFORE, the Council of The Regional Municipality of Durham hereby enacts as
follows:
1. Interpretation
Definitions
1.1 In this By-law,
(a) "Act" means the Development Charges Act, 1997, or a successor statute;
(b) "agricultural use" means lands, buildings or structures, excluding any
portion thereof used as a dwelling unit or for a commercial use, used or
designed or intended for use for the purpose of a bona fide farming
operation including, but not limited to, animal husbandry, dairying,
livestock, fallow, field crops, removal of sod, forestry, fruit farming,
greenhouses, horticulture, market gardening, pasturage, poultry keeping,
and equestrian facilities;
(c) "air -supported structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and is supported by
internal air pressure;
(d) "apartment building" means a residential building, or the residential
portion of a mixed -use building, consisting of more than 3 dwelling units,
which dwelling units have a common entrance to grade but does not
include a triplex, semi-detached duplex, semi- detached triplex, or
townhouse. Despite the foregoing, an "apartment building" includes
stacked townhouses;
Page 13
(e) "apartment" means a dwelling unit in an apartment building or a single
storey dwelling unit located within or above a residential garage or a
commercial use;
(f) "area municipality" means a lower -tier municipality that forms part of the
Region;
(g) "bedroom" means a habitable room, of at least seven square meters (7
m2) where a built-in closet is not provided, or at least six square meters (6
m2) where a built-in closet is provided, including a den, study, loft, or other
similar area, but does not include a living room, a dining room, a
bathroom or a kitchen;
(h) "building or structure" means a permanent enclosed structure and
includes an air -supported structure;
(i) "commercial accessory building or structure" means a building or
structure that complies with all of the following criteria:
(i) is not essential to,
(ii) is naturally and normally incidental to or subordinate in purpose to,
(iii) is exclusively devoted to,
(iv) is detached from, and
(v) is situated on the same property as,
a principal commercial use. Commercial accessory buildings or structures shall
include, but not limited to, the separate storage of refuse or the storage of
mechanical equipment related to the operation or maintenance of the principal
use, building, structure or site. Commercial accessory buildings or structures
shall not include any building or structure, whether in whole or in part, falling
within the definition of "commercial use" in this by-law;
(j) "commercial use" means land, buildings or structures used, designed or
intended for use for either or both of office and retail uses as defined in
this by-law;
(k) "Council" means the Council of the Regional Municipality of Durham;
(1) "detached dwelling" and "detached" means a residential building on one
parcel of land comprising at least 1 dwelling unit and not more than 3
dwelling units on that parcel of land, where no portion of the building is
attached to any building on another parcel of land;
(m) "development" includes redevelopment;
(n) "development charges" means charges imposed pursuant to this By-law
in accordance with the Act, except in sections 3.2 to 3.11 where
"development charges" means charges with respect to water supply
services, sanitary sewer services and regional road services;
(o) "duplex" means a building comprising, by horizontal division, two dwelling
units on one parcel of land;
(p) "dwelling unit" means a room or suite of rooms used, or designed or
intended for use by one person or persons living together, in which
culinary and sanitary facilities are provided for the exclusive use of such
person or persons;
(q) "existing industrial building" means a building used for or in connection
with,
(i) manufacturing, producing, processing, storing or distributing something,
Page 14
research or development in connection with manufacturing, producing
or processing something,
(iii) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place,
(iv) office or administrative purposes, if they are,
1. carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
2. in or attached to the building or structure used for that
manufacturing, producing, processing, storage or
distribution;
(r) "farm building" means a building or structure used, in connection with a
bona fide agricultural use and includes barns, silos, and similar
structures, and includes a dwelling located on the same lot as the
agricultural use or on a lot directly abutting the agricultural use, which is
used exclusively for the housing of temporary or seasonal persons
employed exclusively for the farming of that agricultural use, but
otherwise excludes a building or structure used, or designed or intended
for use for residential or commercial uses;
(s) "gross floor area" means (except for the purposes of sections 2.24 to
2.26), in the case of a non-residential building or structure or the non-
residential portion of a mixed -use building or structure, the aggregate of
the areas of each floor, whether above or below grade, measured
between the exterior faces of the exterior walls of the building or structure
or pliable membrane in the case of an air supported structure, or from the
centre line of a common wall separating a non-residential and a
residential use, and, for the purposes of this definition, the non-residential
portion of a mixed -use building is deemed to include one-half of any area
common to the residential and non-residential portions of such mixed -use
building or structure;
(t) "hospice" means a building or structure used to provide not for profit
palliative care to the terminally ill;
(u) "industrial use" means lands, buildings or structures used or designed or
intended for use for manufacturing, producing, processing, fabricating or
assembly of raw goods, research or development in connection therewith,
and includes office uses, warehousing or bulk storage of goods and the
sale of commodities to the general public where such uses are accessory
to an industrial use, but does not include the sale of commodities to the
general public through a warehouse club or similar use;
(v) "institutional use" means lands, buildings or structures used or designed
or intended for use by a non-profit organized body, society or religious
group for promoting a public and non-profit purpose, and would include a
hospice and office uses where such uses are accessory to an institutional
use;
(w) "institutional development" for the purposes of section 3.13 means
development of a building or structure intended for use,
(i) as a long-term care home within the meaning of subsection 2 (1) of the
Long -Term Care Homes Act, 2007;
(ii) as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(iii) by any of the following post -secondary institutions for the objects of the
institution:
Page 15
1. a university in Ontario that receives direct, regular and
ongoing operating funding from the Government of Ontario,
2. a college or university federated or affiliated with a university
described in subclause (i), or
3. an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017;
(iv) as a memorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(v) as a hospice to provide end of life care.
(x) "local board" means a local board as defined in the Municipal Affairs Act,
other than a board defined in subsection 1(1) of the Education Act;
(y) "medium density multiples" includes plexes, townhouses and all other
residential uses that are not included in the definition of "apartment
building", `,apartment", "mobile homes", "retirement residence units",
"detached", detached dwelling or semi-detached dwelling";
(z) "mixed -use" means land, buildings or structures used, or designed or
intended for use, for a combination of at least two of commercial,
industrial, institutional or residential uses;
(aa) "mobile home" means any dwelling that is designed to be made mobile,
and constructed or manufactured to provide a permanent or temporary
residence for one or more persons, but does not include a travel trailer or
tent trailer or trailer otherwise designed;
(bb) non-profit housing development, means development of a building or
structure intended for use as residential premises and developed by,
(i) a corporation to which the Not -for -Profit Corporations Act, 2010 applies,
that is in good standing under that Act and whose primary object is to
provide housing;
a corporation without share capital to which the Canada Not -for -profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing; or
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
(cc) "non-residential use" means lands, buildings or structures or portions
thereof used, or designed or intended for use for other than residential
use, and includes commercial, industrial and institutional uses;
(dd) "office use" means lands, buildings or structures used or designed or
intended for use for the practice of a profession, the carrying on of a
business or occupation and, for greater certainty, but without in any way
limiting the generality of the foregoing, shall include but not be limited to
the office of a physician, lawyer, dentist, architect, engineer, accountant,
real estate or insurance agency, insurance company, veterinarian,
surveyor, appraiser, financial institution, consumer loan company,
employment agency, advertising agency, consulting firm, business
service, investment company, security broker, mortgage company,
medical clinic, builder, land developer;
(ee) "place of worship" means a building or structure or part thereof that is
used primarily for worship and is exempt from taxation as a place of
worship under the Assessment Act;
Page 16
(ff) "plex" means a duplex, a semi-detached duplex, a triplex or a semi-
detached triplex;
(gg) "Region" means the Regional Municipality of Durham;
(hh) "region -wide charges" means the development charges imposed in
regard to the region -wide services;
(ii) "region -wide services" means services in regard to regional roads,
regional police, paramedic services, long term care, and waste diversion;
Qj) "rental housing", means development of a building or structure with four
or more dwelling units all of which are intended for use as rented
residential premises.
(kk) "residential use" means lands, buildings or structures used, or designed
or intended for use as a home or residence of one or more individuals,
and shall include any building or structure containing dwelling units, and
include but not limited to, a detached dwelling, a semi-detached dwelling,
a townhouse, a plex, a stacked townhouse, an apartment, an apartment
building, a mobile home, a retirement residence and a residential dwelling
unit accessory to a non-residential use;
(II) "retail use" means lands, buildings or structures used or designed or
intended for use for the sale or rental or offer for sale or rental of goods or
services for consumption or use and, for greater certainty, but without in
any way limiting the generality of the foregoing, shall include, but not be
limited to, food stores, pharmacies, clothing stores, furniture stores,
department stores, sporting goods stores, appliance stores, garden
centres, automotive dealers, automotive repair shops, gasoline service
stations, government owned retail facilities, private daycare, private
schools, private lodging, private recreational facilities, sports clubs, golf
courses, skiing facilities, race tracks, gambling operations, medical
clinics, funeral homes, motels, hotels, rooming houses, restaurants,
theatres, facilities for motion picture, audio and video production and
distribution, sound recording services, self -storage facilities and secure
document storage;
(mm) "retirement residence" means a residential building or the residential
portion of a mixed -use building which provides accommodation for
persons of retirement age, where common facilities for the preparation
and consumption of food are provided for the residents of the building,
and where each unit or living accommodation has separate sanitary
facilities, less than full culinary facilities and a separate entrance from a
common hall;
(nn) "retirement residence unit" means a unit within a retirement residence;
(oo) "rooming house" means a detached building or structure which comprises
rooms that are rented for lodging and where the rooms do not have both
culinary and sanitary facilities for the exclusive use of individual
occupants;
(pp)"Seaton Community" means the lands shown on Schedule "F", which may
generally be described as being bounded: to the south by the Canadian
Pacific Railway right-of-way; to the west by West Duffins Creek; to the
north by Provincial Highway No. 7; and to the east by Sideline 16 and the
boundary between the City of Pickering and the Town of Ajax, and
excludes the lands comprising the Hamlet communities of Whitevale,
Green River and Brougham;
(qq) "semi-detached building" means a building on two parcels of land, divided
vertically (above or below ground) along the common lot line of the two
parcels and comprising at least 1 dwelling unit and not more than 3
dwelling units on each parcel;
Page 17
(rr) "semi-detached dwelling" means the portion of a semi-detached building
on one parcel of land comprising at least 1 dwelling unit and not more
than 3 dwelling units;
(ss) "semi-detached triplex" means one of a pair of triplexes divided vertically
one from the other by a party wall;
(tt) "serviced" means the particular service is connected to or available to be
connected to the lands, buildings or structures, or, as a result of the
development, will be connected to or will be available to be connected to
the lands, buildings or structures, or the lands to be developed are in an
area designated for the particular service in the Region's Official Plan;
(uu) "services" means the services designated in section 2.10 of this by-law;
(vv) "stacked townhouse" means a building, other than a plex, a detached
dwelling or townhouse, containing at least 3 dwelling units; each dwelling
unit separated from the other vertically and/or horizontally and each
dwelling unit having a separate entrance to grade;
(ww) "townhouse building" means a residential building, on at least 3 parcels of
land divided vertically (above or below ground) along the common lot line
between each of the parcels and comprising at least 1 dwelling unit and
not more than 3 dwelling units on each parcel;
(xx) "townhouse dwelling" means the portion of a townhouse building on one
parcel of land comprising at least 1 dwelling unit and not more than 3
dwelling units;
(yy) "triplex" means a building comprising 3 dwelling units.
1.2 In this by-law where reference is made to a statute or a section of a statute such
reference is deemed to be a reference to any successor statute or section.
2. Application of By -Law — Rules
Circumstances Where Development Charges are Payable
2.1 Development charges shall be payable in the amounts set out in sections 2.11,
2.17 to 2.22 of this by-law where:
(a) the lands are located in the area described in subsection 2.2 of this by-
law; and
(b) the development of the lands requires any of the approvals set out in
section 2.5.
Area to Which By-law Applies
2.2 Subject to subsections 2.3 and 2.4, this by-law applies to all lands in the Region.
2.3 This by-law shall not apply to lands that are owned by and used for the purposes
of:
(a) the Region or a local board thereof;
(b) a board as defined in subsection 1(1) of the Education Act; and
(c) an area municipality or a local board thereof in the Region.
2.4 Development charges imposed under this by-law in regard to water supply and
sanitary sewerage services do not apply to the development of lands located
within the Seaton Community. For greater certainty, the balance of the
development charges imposed under this by-law apply to the development of
lands located within the Seaton Community.
Page 18
Approvals for Development
2.5 Development charges shall be imposed upon all lands, buildings or structures
that are developed for residential or non-residential uses if the development
requires,
(a) the passing of a zoning by-law or of an amendment thereto under section
34 of the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 9 of the Condominium Act,
1998; or
(g) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
Designation of Services
2.6 It is hereby declared by Council that all development of land within the area to
which this By-law applies will increase the need for services.
2.7 The development charges under this By-law applicable to a development shall
apply without regard to the services required or used by a particular
development.
2.8 No more than one development charge for each service designated in section
2.10 shall be imposed on land to which this by-law applies even though two or
more of the actions described in section 2.5 are required before the land can be
developed.
2.9 Notwithstanding subsection 2.8, if two or more of the actions described in
section 2.5 occur at different times, additional development charges shall be
imposed if the subsequent action has the effect of increasing the need for
services.
2.10 The categories of services for which development charges are imposed under
this by-law are as follows:
(a) water supply;
(b) sanitary sewerage;
(c) regional roads;
(d) long term care;
(e) regional police;
(f) paramedic services; and
(g) waste diversion;
The components of the services designated in subsection 2.10 are described on Schedule
"A„
Amount of Charge
Residential
Page 19
2.11 The development charges described in Schedule "B" to this by-law shall be
imposed upon residential uses of lands, buildings or structures, including a
dwelling unit accessory to a non-residential use and, in the case of a mixed use
building or structure, upon the residential uses in the mixed use building or
structure, according to the type of residential unit. The development charges
payable shall comprise the following:
(a) Region -wide Charges
(i) a development charge with respect to each of the region -wide services
according to the type of residential use;
(b) Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the type of residential use;
(ii) where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the type of residential use.
Exemptions
2.12 Development charges shall not be imposed in respect to:
(a) the issuance of a building permit not resulting in the creation of an
additional dwelling unit;
(b) the enlargement of an existing dwelling unit;
(c) the creation of additional dwelling units in accordance with the following
table:
Description of Class of
Maximum
Existing Residential
Number of
Additional
Restrictions
Buildings
Dwelling Units
2.12 (c)(i) Existing
detached, semi-detached
or townhouse dwellings,
which contain a single
No exemption applies for the creation of
dwelling unit, and where
Two
a dwelling unit or units which would result
there are no other
in more than a total of three dwelling
dwelling units in other
units on a parcel of land
buildings or structures on
the parcel of land
2.12 (c)(ii) Existing
detached, semi-detached
or townhouse dwellings,
each of which contains a
No exemption applies for the creation of
single dwelling unit and
One
a dwelling unit or units which would result
where there is no more
in more than a total of three dwelling
than one dwelling unit in
units on a parcel of land
other buildings or
structures on the parcel
of land
2.12 (c)(iii) Existing
This exemption applies only for the
detached, semi-detached
One
creation of a dwelling unit in an ancillary
or townhouse dwellings,
building or structure and no exemption
each of which contains
applies for the creation of a dwelling unit
no more than 2 dwelling
or units which would result in more than a
Page 20
units and where there are
no other dwelling units in
other buildings or
structures on the parcel
of land
total of three dwelling units on a parcel of
land
No exemption applies where it would
2.12 (c)(iv) Existing rental
Greater of one
result in a total number of dwelling units
residential buildings,
each of which contains
and 1 % of the
where units created under the exemption
four or more dwelling
existing units in
the building
in this By-law would exceed the greater
of one unit or 1 % of the units existing in
9
units.
the building prior to the first exemption for
an additional dwelling unit.
2.12 (c)(v) An existing
residential building not in
No exemption applies where a dwelling
another class of
One
unit has already been created with an
residential building
exemption this By-law.
described in this table.
(d) the creation of additional dwelling units in accordance with the following
table:
Description of Class of Proposed New Restrictions
Residential Buildings & Number of
Units Proposed
2.12 (d)(i) the second or third dwelling No exemption applies for the creation of first
units in a proposed detached, semi- dwelling unit or where a dwelling unit or units
detached or townhouse dwelling where which would result in more than a total of
there are no other dwelling units, existing three dwelling units on a parcel of land
or proposed, in other buildings or
structures on the parcel of land
2.12 (d)(iii) one dwelling unit in a No exemption applies for the creation of a
proposed new residential building that dwelling unit which would result in more than
would be ancillary to a proposed new a total of three dwelling units on a parcel of
detached dwelling, semi-detached land.
dwelling or townhouse dwelling which
would not contain more than a two
dwelling units.
(e) non-profit housing development; and
(f) residential units that are affordable housing units required to be included
in a development or redevelopment ("inclusionary zoning units") pursuant
to a by-law passed under section 34 of the Planning Act to give effect to
the policies described in subsection 16 (4) of that Act;
Mobile Home
2.13 The development charges imposed upon a mobile home under section 2.11
shall be payable at the rate applicable to an apartment of two bedrooms or
larger.
2.14 The development charges paid in regard to a mobile home shall be refunded in
full to the then current owner thereof, upon request, if the mobile home is
removed within ten years of the issuance of the building permit relating thereto.
2.15 The onus is on the applicant to produce evidence to the satisfaction of the
Region, acting reasonably, which establishes that the applicant is entitled to the
refund claimed under this section.
Page 21
Retirement Residence Unit
2.16 The development charges imposed on a retirement residence unit under section
2.11 shall be payable at the rate applicable to an apartment of one bedroom and
smaller.
Non -Residential
Commercial
2.17 The development charges described in Schedule "C" to this by-law shall be
imposed upon commercial uses of lands, buildings or structures, and, in the
case of a mixed use building or structure, upon the commercial uses in the
mixed use building or structure. The development charges payable shall
comprise the following:
(a) Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the commercial use;
(b) Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the commercial use;
(ii) where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
commercial use.
2.18 Subject to subsections 2.19 and 2.20 of this by-law, the development charges
imposed on commercial accessory buildings or structures shall be payable at the
rate applicable to industrial development under Schedule "E".
2.19 The application of development charges at the industrial rate in regard to
commercial accessory buildings or structures shall be limited to an aggregate of
7,000 square feet of gross floor area of all such buildings or structures on the
same site.
2.20 Development charges at the rate applicable to commercial development under
Schedule "C" shall be imposed upon the gross floor area of commercial
accessory buildings or structures in excess of 7,000 square feet on the same
site.
Institutional
2.21 The development charges described in Schedule "D" to this by-law shall be
imposed upon institutional uses of lands, buildings or structures; and, in the case
of a mixed use building or structure, upon the institutional uses in the mixed use
building or structure. The development charges payable shall comprise the
following:
(a) Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the institutional use;
(b) Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the institutional use;
Page 22
(ii) where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
institutional use.
Industrial
2.22 The development charges described in Schedule "E" to this by-law shall be
imposed upon industrial uses of lands, buildings or structures, and, in the case
of a mixed use building or structure, upon the industrial uses in the mixed use
building or structure. The development charges payable shall comprise the
following:
(a) Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the industrial use;
(b) Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the industrial use;
(ii) where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
industrial use.
Exemptions
2.23 Notwithstanding the provisions of this by-law, development charges shall not be
imposed in regard to:
(a) agricultural uses and farm buildings;
(b) places of worship;
(c) public hospitals receiving aid under the Public Hospitals Act, R.S.O. 1990,
c. P.40, excluding such buildings or structures or parts thereof used,
designed or intended for use primarily for or in connection with a
commercial purpose;
(d) any part of a building or structure used for the parking of motor vehicles,
excluding parking spaces for display of motor vehicles for sale or lease or
parking spaces associated with the servicing of motor vehicles;
(e) free standing roof -like structures and canopies that do not have exterior
walls; and
(f) land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post -secondary
education, but only if the lands are occupied and used by the university.
Exemption for Enlargement of Existing Industrial Building
2.24 Despite any other provisions of this by-law, if a development includes the
enlargement of the gross floor area of an existing industrial building, the amount
of the development charge that is payable in respect of the enlargement shall be
calculated as follows:
(a) if the gross floor area is enlarged by fifty percent or less, the amount of
the development charge in respect of the enlargement is zero;
Page 23
(b) if the gross floor area is enlarged by more than fifty percent the amount of
the development charge in respect of the enlargement is the amount of
the development charge that would otherwise be payable multiplied by
the fraction determined as follows:
(i) determine the amount by which the enlargement exceeds fifty percent
of the gross floor area before the enlargement; and
(ii) divide the amount determined under paragraph (i) by the amount of the
enlargement.
2.25 For the purposes of subsection 2.24 the following provisions apply:
(a) the gross floor area of an existing industrial building shall be calculated as
it existed as of July 1, 2023;
(b) subject to (c) below, the enlargement need not be an attached addition or
expansion of an existing industrial building, but rather may be a new
standalone structure, provided it is located on the same parcel of land as
the existing industrial building;
(c) in the event that the enlargement is in the form of a standalone building or
structure located on the same parcel of land as per (b) above, prior to the
issuance of a building permit for the standalone building or structure, the
owner shall be required to enter into an agreement with the Region under
section 27 of the Act respecting the timing and calculation of payment of
development charges, notice of which the owner shall register on the title
to the lands at its sole cost and expense with the intention that the
provisions shall bind and run with title to the lands. Such agreement will
require that in the event that the lands upon which any standalone
building or structure is located are the subject of an application for
consent under section 53 of the Planning Act; or for which a by-law is
passed under subsection 50(7) of the Planning Act, within 10 years of
building permit issuance for such standalone building or structure, that the
development charges that would have otherwise been payable for such
standalone building or structure, shall become due and payable.
2.26 In subsections 2.24 and 2.25 "gross floor area" means the total floor area,
measured between the outside of exterior walls or between the outside of
exterior walls and the centre line of party walls dividing the building from another
building, of all floors above the average level of finished ground adjoining the
building at its exterior walls.
Reduction of Development Charges For Redevelopment
2.27 Despite any other provision of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the land within five
years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted
from one principal use to another, in order to facilitate the redevelopment, the
development charges otherwise payable with respect to such redevelopment
shall be reduced by the following amounts:
(a) in the case of a residential building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under section 2.11 of this by-law that would have
been chargeable on the type of dwelling units demolished or to be
demolished or converted to another use; and
(b) in the case of a non-residential building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under sections 2.17 to 2.22 of this by-law that
would have been chargeable on the gross floor area of the non-residential
building or structure that was demolished or to be demolished or
converted to another use;
Page 24
(c) in the case of a non-residential building or structure that would have been
exempt from the payment of development charges under the current
Regional Development Charge By-law, the amount of the reduction in the
applicable development charge will equal the applicable development
charge under section 2.21 of this by-law that, had the building or structure
not been exempt, could have been chargeable on the gross floor area of
the non-residential building or structure that was demolished or to be
demolished or converted to another use; and
(d) in the case of a mixed -use building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under sections 2.11, 2.17 to 2.22 of this by-law that
would have been chargeable either upon the type of dwelling units or the
gross floor area of non-residential use in the mixed -use building or
structure that is being demolished or to be demolished or converted to
another use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
2.28 The five year period referred to in subsection 2.27 of this by-law shall be
calculated from the date of the issuance of the first demolition permit.
2.29 The onus is on the applicant to produce evidence to the satisfaction of the
Region, acting reasonably, which establishes that the applicant is entitled to the
reduction in the payment of development charges claimed under this section.
Reduction for Rental Housing Development
2.30 The development charges set out on Schedule B shall be:
(a) In rental housing development, for dwelling units with 3 or more
bedrooms: 75% of the Total of All Charges shown on Schedule B;
(b) In rental housing development, for dwelling units with 2 bedrooms: 80% of
the Total of All Charges shown on Schedule B; and
(c) In rental housing development, for all other dwelling units: 85% of the
Total of All Charges shown on Schedule B;
(d) The amounts in subsections (a) to (c) are in addition to any applicable
mandatory phase -in reductions pursuant to section 3.18 of this by-law.
3. Administration
Timing of Payment of Development Charges
3.1 Development charges, determined in accordance with section 3.14 and adjusted
in accordance with section 3.16 of this by-law, are payable in full on the date on
which a building permit is issued with respect to each dwelling unit, building or
structure.
3.2 Notwithstanding section 3.1, development charges, determined in accordance
with sections 3.14 and adjusted in accordance with section 3.16 of this by-law,
with respect to water supply services, sanitary sewer services and regional road
services shall be payable, with respect to an approval of a residential plan of
subdivision under section 51 of the Planning Act, immediately upon the owner
entering into the subdivision agreement with the Region, on the basis of the
proposed number and type of dwelling units in the plan of subdivision.
3.3 Notwithstanding section 3.2, development charges applicable to a high density
or condominium block in a residential plan of subdivision are payable in
accordance with section 3.1.
Page 25
3.4 Notwithstanding subsection 3.2, where an owner elects to enter into an
agreement with the Region pursuant to section 27 of the Act, development
charges with respect to water supply services, sanitary sewer services and
regional road services may be payable as follows:
(a) upon the execution of the subdivision agreement, 50% of the
development charges otherwise payable under subsection 3.2, adjusted
in accordance with section 3.16 to the date of payment; and
(b) on the first anniversary date of the execution of the subdivision
agreement, 50% of the development charges otherwise payable under
subsection 3.2, adjusted in accordance with section 3.16 to the date of
payment;
provided, however, in regard to any lot on the plan of subdivision, any balance of
the development charges owing during the one year period following execution
of the subdivision agreement shall become payable, after adjustment in
accordance with section 3.16 to the date of payment, on the date a building
permit is issued in regard to such lot.
3.5 The balance of the development charges outstanding at any time that are
payable in accordance with subsection 3.4 shall be secured by a letter of credit,
in a form acceptable to the Region, in an amount which is equal to 55% of the
development charges as determined under section 2.11. The payment of the
outstanding balance under subsection 3.4 may be made by way of a draw by the
Region on the letter of credit.
3.6 Notwithstanding subsection 3.1 and subsection 3.4, Council, from time to time,
and at any time, may enter into agreements in accordance with section 27 of the
Act which provide for all or any part of a development charge to be paid before
or after it would otherwise be payable.
3.7 If, at the time of issuance of a building permit or permits in regard to a lot on a
plan of subdivision for which payments have been made pursuant to subsection
3.2 or 3.4, the type of dwelling unit for which building permits are being issued is
different than that used for the calculation and payment under subsection 3.2 or
3.4, and there has been no change in the zoning affecting such lot, and the
development charges for the type of dwelling unit for which building permits are
being issued were greater at the time that payments were made pursuant to
subsection 3.2 or 3.4 than for the type of dwelling unit used to calculate the
payment under subsection 3.2 or 3.4, an additional payment to the Region is
required, which payment, in regard to such different unit types, shall be the
difference between the development charges in respect to the type of dwelling
unit for which building permits are being issued, calculated as at the date of
issuance of the building permit or permits, and the development charges
previously collected in regard thereto, adjusted in accordance with section 3.16
of this by-law to the date of issuance of the building permit or permits.
3.8 If, at the time of issuance of a building permit or permits in regard to a lot on a
plan of subdivision for which payments have been made pursuant to subsection
3.2 or 3.4, the total number of dwelling units of a particular type for which
building permits have been or are being issued is greater, on a cumulative basis,
than that used for the calculation and payment under subsection 3.2 or 3.4, and
there has been no change in the zoning affecting such lot, an additional payment
to the Region is required, which payment shall be calculated on the basis of the
number of additional dwelling units at the rate prevailing as at the date of
issuance of the building permit or permits for such dwelling units.
3.9 If, at the time of issuance of a building permit or permits in regard to a lot on a
plan of subdivision for which payments have been made pursuant to subsection
3.2 or 3.4, the type of dwelling unit for which building permits are being issued is
different than that used for the calculation and payment under subsection 3.2 or
3.4, and there has been no change in the zoning affecting such lot, and the
development charges for the type of dwelling unit for which building permits are
Page 26
being issued were less at the time that payments were made pursuant to
subsection 3.2 or 3.4 than for the type of dwelling unit used to calculate the
payment under subsection 3.2 or 3.4, a refund in regard to such different unit
types shall be paid by the Region, which refund shall be the difference between
the development charges previously collected, adjusted in accordance with
section 3.16 of this by-law to the date of issuance of the building permit or
permits, and the development charges in respect to the type of dwelling unit for
which building permits are being issued, calculated as at the date of issuance of
the building permit or permits.
3.10 If, at the time of issuance of a building permit or permits in regard to a lot on a
plan of subdivision for which payments have been made pursuant to subsection
3.2 or 3.4, the total number of dwelling units of a particular type for which
building permits have been or are being issued is less, on a cumulative basis,
than that used for the calculation and payment under subsection 3.2 or 3.4, and
there has been no change in the zoning affecting such lot, a refund shall be paid
by the Region, which refund shall be calculated on the basis of the number of
fewer dwelling units at the rate prevailing as at the date of issuance of the
building permit or permits.
3.11 Notwithstanding subsections 3.9 and 3.10, a refund shall not exceed the amount
of the development charges paid under subsections 3.2 to 3.6.
Payment by Services
3.12 Notwithstanding the payments required under subsection 3.1 to 3.6, the Region
may, by agreement pursuant to section 38 of the Act, permit an owner to provide
services in lieu of the payment of all or any portion of a development charge.
The Region shall give the owner who performed the work a credit towards the
development charge in accordance with the agreement subject to the
requirements of the Act.
3.13 Notwithstanding subsection 3.1 to 3.6, where development charges become
payable after January 1, 2020 for development of rental housing that is not non-
profit housing development and institutional development, development charges
shall be paid in equal annual instalments, with interest where applicable
pursuant to the Region of Durham Development Charge Interest Rate Policy as
amended from time to time, beginning on the earlier of the date of issuance of a
permit under the Building Code Act, 1992 authorizing occupation of the building
and the date the building is first occupied, and continuing on the following five
anniversaries of that date.
Determining Amount Payable
3.14 The development charges payable will be the development charge shown in the
applicable Schedules to this by-law to be payable, with indexing under section
3.16, and where applicable, with interest under section 3.17, as follows:
(a) for those developments to which section 3.13 applies,
(i) for applications filed after December 31, 2019, the day an application
for an approval of development in a site plan control area under
subsection 41 (4) of the Planning Act was made, provided the first
building permit is issued within two years of the date that application
was approved;
(ii) if clause (i) does not apply, for applications filed after December 31,
2019, the day an application for an amendment to a by-law passed
under section 34 of the Planning Act was made, provided the first
building permit is issued within two years of the date that amendment
comes into force and effect; or
(iii) if neither clause (i) nor clause (ii) applies, the day the development
charge would be payable in accordance with 3.1 to 3.6 of this by-law;
and
Page 27
(b) for those developments to which section 3.13 does not apply,
(i) for applications filed after December 31, 2019, the day an application
for an approval of development in a site plan control area under
subsection 41 (4) of the Planning Act was made, provided the date the
development charge is payable is within two years of the date that
application was approved;
(ii) if clause (i) does not apply, for applications filed after December 31,
2019, the day an application for an amendment to a by-law passed
under section 34 of the Planning Act was made, provided the date the
development charge is payable is within two years of the date that
amendment is brought into force and effect: or
(iii) if neither clause (i) nor clause (ii) applies, the day the development
charge would be payable in accordance with sections 3.1 to 3.6 of this
by-law.
Front -Ending Agreements
3.15 Council, from time to time, and at any time, may enter into front -ending
agreements in accordance with the Act.
Indexing
3.16 Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, as of the 1st day of July, 2024, and
on each successive July 1st date in accordance with the Statistics Canada
Quarterly, Construction Price Statistics, catalogue number 62-207, for the most
recently available annual period ending March 31.
Interest
3.17 Development charges payable per this by-law shall bear interest in accordance
with the Region of Durham Development Charge Interest Rate Policy, as
amended from time to time.
Mandatory Phase -In Reduction in First Four Years
3.18 Despite the above, the Total of All Charges on Schedules B to E of this by-law
shall be reduced for the first four years this by-law is in force in accordance with
the applicable mandatory phase -in amounts shown under the Total of All
Charges Row on each Schedule, with the annual time period to start on the day
this by-law comes into force and increase to the next annual amount on the
respective anniversary of the day this by-law comes into force.
3.19 The following schedules to this by-law form an integral part thereof:
(a) Schedule "A" - Components of Services Designated in section
2.10
(b) Schedule "B" - Residential Development Charges
(c) Schedule "C" - Commercial Development Charges
(d) Schedule "D" - Institutional Development Charges
(e) Schedule "E" - Industrial Development Charges
(f) Schedule "F" - Map of Seaton Community
Date By-law in Force
3.20 This by-law shall come into force on July 1, 2023.
Page 28
Repeal
3.21 By-law No.28-2018 is hereby repealed effective on the date this by-law comes
into force.
Registration
3.22 A certified copy of this by-law may be registered on title to any land to which this
by-law applies.
Severability
3.23 In the event any provision, or part thereof, of this by-law is found by a court of
competent jurisdiction to be ultra vires, such provision, or part thereof, shall be
deemed to be severed, and the remaining portion of such provision and all other
provisions of this by-law shall remain in full force and effect.
Short Title
3.24 This By-law may be cited as the Regional Municipality of Durham Development
Charges By-law, 2023.
This By-law Read and Passed on the 14th day of June, 2023.
+Jen'ry,�
egional ,hair and CEO
A. Harras, Regional Clerk
CERTIFIED A TRUE COPY
J U N 15 2023
A.HARRAS
REGIONAL CLERK
Page 29
Schedule "A"
Designated Regional Services and
Service Components Thereunder
Category of Regional Service Components
Services
1. Regional Road • Regional Road
Construction/Improvements/Urbanization
• Improvements to Highway Interchanges/Grade
Separations
• Intersection and Corridor Improvements
• Traffic Signals and Systems
• Property Acquisition
• Maintenance Facilities
• Capital Equipment
• Landscaping
• Environmental Assessment
2. Regional Police . Costs to Acquire Land or an Interest in Land,
Including a Leasehold Interest
• Costs to Improve Land
• Costs to Acquire, Lease, Construct or Improve
Buildings and Structures
• Costs to Acquire, Lease, Construct or Improve
Facilities
• Vehicles and Capital Equipment
3. Long Term Care . Costs to Improve Land
• Costs to Acquire, Lease, Construct or
Improve Buildings and Structures
• Costs to Acquire, Lease, Construct or
• Improve Facilities
4. Water Supply
5. Sanitary Sewerage
Pumping Stations
Reservoirs
Feedermains
Water Supply Plants and Municipal Wells
Property Acquisition
Capital Equipment
Environmental Assessment
Water Use Efficiency Strategy
Well Interference
Sewage Pumping Stations and Forcemains
Trunk Sanitary Sewers
Water Pollution Control Plants
Sludge Storage and Disposal Facilities
Property Acquisition
Capital Equipment
Environmental Assessment
Water Use Efficiency
6. Paramedic Services . Costs to Acquire Land or an Interest in Land,
Including a Leasehold Interest
• Costs to Improve Land
• Costs to Acquire, Lease, Construct or Improve
Buildings and Structures
• Costs to Acquire, Lease, Construct or Improve
Facilities
• Vehicles and Capital Equipment
7. Waste Diversion . Costs for Construction of new Buildings or Units
• Capital Equipment
Page 30
Schedule "B"
Residential Development Charges per Dwelling Unit
$ per Dwelling Type
Service
Category
Detached &
Semi-
Detached
Medium
Density
Multiples
$
Two
Bedroom
Apartment
& Larger
One
Bedroom
Apartment
& Smaller
Region -Wide Charges
Regional Roads
26,998
21,501
15,718
9,654
Regional Police
977
778
569
349
Long -Term Care
548
436
319
196
Paramedic Services
441
351
257
158
Waste Diversion
94
75
55
34
Subtotal
29,058
23,141
16,918
10,391
Regional Water Supply & Sanitary Sewer Charges
Water Supply
26,117
20,800
15,206
9,340
Sanitary Sewerage
23,858
19,000
13,890
8,531
Subtotal
49,975
39,800
29,096
17,871
Total of All Charges
(July 1, 2027 onward -
see Section 3.18)
79,033
62,941
46,014
28,262
With Phase -Ins (see Section 3.18)
July 1, 2023 to June 30,
2024 (80%)
63,226
50,353
36,811
22,610
July 1, 2024 to June 30,
2025 (85%)
67,178
53,500
39,112
24,023
July 1, 2025 to June 30,
2026 (90%)
71,130
56,647
41,413
25,436
July 1, 2026 to June 30,
2027 (95%)
75,081
59,793
43,713
26,849
NOTE: The development charges described above shall be adjusted annually on July
1 pursuant to Section 3.16 of this By-law.
Page 31
Schedule "C"
Commercial Development Charges
$ per Square Foot of Gross Floor Area
Service
Category
Commercial
Development
Charges
Water Supply
7.51
Sanitary Sewerage
12.06
Regional Roads
21.91
Total of All Charges (July 1, 2027
onward — see Section 3.18)
41.48
With Phase -Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%)
33.19
July 1, 2024 to June 30, 2025 (85%)
35.26
July 1, 2025 to June 30, 2026 (90%)
37.33
July 1, 2026 to June 30, 2027 (95%)
39.41
NOTE: The development charges described above shall be adjusted annually
on July 1 pursuant to Section 3.16 of this By-law.
Page 32
Schedule "D"
Institutional Development Charges
$ per Square Foot of Gross Floor Area
Service
Category
Institutional
Development
Charges
Water Supply
2.03
Sanitary Sewerage
2.92
Regional Roads
16.61
Total of All Charges (July 1, 2027
onward — see Section 3.18)
21.56
With Phase -Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%)
17.25
July 1, 2024 to June 30, 2025 (85%)
18.33
July 1, 2025 to June 30, 2026 (90%)
99.40
July 1, 2026 to June 30, 2027 (95%)
20.48
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.16 of this By-law.
Page 33
Schedule "E"
Industrial Development Charges
$ per Square Foot of Gross Floor Area
SERVICE
CATEGORY
INDUSTRIAL
DEVELOPMENT
CHARGES
Water Supply
4.86
Sanitary Sewerage
7.06
Regional Roads
7.59
Total of All Charges (July 1, 2027
onward — see Section 3.18)
19.51
With Phase -Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%)
15.61
July 1, 2024 to June 30, 2025 (85%)
16.58
July 1, 2025 to June 30, 2026 (90%)
17.56
July 1, 2026 to June 30, 2027 (95%)
18.53
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.16 of this By-law.
Page 34
Schedule "F"
Seaton Community
Rivers / Streams
Major Road
a
Freeway
0
o N
-^-=`-
Municipal Boundary
v
Lake / Pond
FINCH AVE
Seaton Area
o�c�o
j1i `
t45
Hamlet
0 1 2
—+—i GISADMIN.mnr_ra + + Km omansnaen%...
c.+
Page 35
Page 36
Authority: Report #2023-F-14
By-law Number 43-2023
of The Regional Municipality of Durham
Being a by-law to amend by-law number 86-2001.
Whereas section 19 of the Development Charges Act, 1997, S.O. 1997, c.27 (the
"Act") provides for amendments to development charge by-laws;
And Whereas the Council of The Regional Municipality of Durham requires certain
amendments to By-law 86-2001;
And Whereas in accordance with the Act, a development charge background
study has been completed in support of the proposed amendment to By-law 86-
2001;
And Whereas the Council of The Regional Municipality of Durham has given
notice and held a public meeting on the 12th day of April 2023 in accordance with
the Act;
And Whereas the Council of The Regional Municipality of Durham has permitted
any person who attended the public meeting to make representations in respect of
the proposed amendments;
And Whereas the Council of The Regional Municipality of Durham has
determined that a further public meeting is not necessary pursuant to Section
12(3) of the Act;
Now therefore, the Council of The Regional Municipality of Durham hereby
enacts as follows:
1. Section 1 of By-law 86-2001 is amended as follows:
(a) for "apartment building" replace definition with,
"means a residential building, or the residential portion of a mixed -
use building, consisting of more than 3 dwelling units, which
dwelling units have a common entrance to grade but does not
include a triplex, semi- detached duplex, semi- detached triplex, or
townhouse. Despite the foregoing, an "apartment building" includes
stacked townhouses;"
(b) for "bedroom" replace definition with,
"means a habitable room, of at least seven square meters (7 m2) where
a built-in closet is not provided, or at least six square meters (6 m2)
where a built-in closet is provided, including a den, study, loft, or other
similar area, but does not include a living room, a dining room, a
bathroom or a kitchen;"
(c) add a new definition "detached dwelling" and "detached" as
follows,
"means a residential building on one parcel of land comprising at
least 1 dwelling unit and not more than 3 dwelling units on that
parcel of land, where no portion of the building is attached to any
building on another parcel of land;"
Page 37
(d) for "duplex" replace definition with,
"means a building comprising, by horizontal division, two dwelling
units on one parcel of land;"
(e) delete entire "garden suite" definition;
(f) delete entire "housing services use"/ "housing services" definition;
(g) for "medium density multiples" replace definition with,
"includes plexes, townhouses and all other residential uses that
are not included in the definition of "apartment building",
"apartment", "mobile homes", "retirement residence units",
"detached", "detached dwelling" or "semi-detached dwelling";"
(h) for "non-profit housing development" replace definition with,
"means development of a building or structure intended for use as
residential premises and developed by:
(i) a corporation to which the Not -for -Profit
Corporations Act, 2010 applies, that is in good standing
under that Act and whose primary object is to provide
housing;
(ii) 'a corporation without share capital to which the
Canada Not- for -profit Corporations Act applies, that is in
good standing under that Act and whose primary object is to
provide housing; or
ON) a non-profit housing co-operative that is in good
standing under the Co-operative Corporations Act;"
(i) for "rental housing" delete,
",for the purposes of section 17(a) of the by-law";
®) for "residential use", replace definition with,
"means lands, buildings or structures used, or designed or intended
for use as a home or residence of one or more individuals, and
shall include any building or structure containing dwelling units, and
include but not limited to, a detached dwelling, a semi-detached
dwelling, a townhouse, a plex, a stacked townhouse, an apartment,
an apartment building, a mobile home, a retirement residence and
a residential dwelling unit accessory to a non-residential use;"
(k) replace entire "semi-detached duplex" definition with,
""semi-detached building" means a building on two parcels of land,
divided vertically (above or below ground) along the common lot
line of the two parcels and comprising at least 1 dwelling unit and
not more than 3 dwelling units on each parcel;"
(1) for "semi-detached dwelling" replace definition with,
"means the portion of a semi-detached building on one parcel of
Page 38
land comprising at least 1 dwelling unit and not more than 3
dwelling units;"
(m) delete entire "single detached dwelling and "single
detached" definition;
(n) for "stacked townhouse" replace definition with,
""stacked townhouse" means a building, other than a plex, a
detached dwelling or townhouse, containing at least 3 dwelling
units; each dwelling unit separated from the other vertically and/or
horizontally and each dwelling unit having a separate entrance to
grade;"
(o) replace entire "townhouse" definition with,
townhouse building" means a residential building, on at least 3
parcels of land divided vertically (above or below ground) along the
common lot line between each of the parcels and comprising at
least 1 dwelling unit and not more than 3 dwelling units on each
parcel;" and
(p) add new definition, after "townhouse building",
townhouse dwelling" means the portion of a townhouse building
on one parcel of land comprising at least 1 dwelling unit and not
more than 3 dwelling units;".
2. Section 9 of By-law 86-2001 is replaced with the following:
"Exemptions
9(1) Development charges shall not be imposed in respect to:
(a) the issuance of a building permit not resulting in the
creation of an additional dwelling unit;
(b) the enlargement of an existing dwelling unit;
(c) the creation of additional dwelling units in accordance
with the following table:
Page 39
Description of Class of
Maximum
Restrictions
Existing Residential
Number of
Buildings
Additional
Dwelling Units
9(1) (c)(i) Existing
No exemption applies for the creation of
detached, semi-detached
Two
a dwelling unit or units which would result
or townhouse dwellings,
in more than a total of three dwelling
which contain a single
units on a parcel of land
dwelling unit, and where
there are no other
dwelling units in other
buildings or structures on
the parcel of land
9(1) (c)(ii) Existing
One
detached, semi-detached
No exemption applies for the creation of
or townhouse dwellings,
a dwelling unit or units which would result
each of which contains a
in more than a total of three dwelling
single dwelling unit and
units on a parcel of land
where there is no more
than one dwelling unit in
other buildings or
structures on the parcel
of land
9(1) (c)(iii) Existing
One
This exemption applies only for the
detached, semi-detached
creation of a dwelling unit in an ancillary
or townhouse dwellings,
building or structure and no exemption
each of which contains
applies for the creation of a dwelling unit
no more than 2 dwelling
or units which would result in more than a
units and where there are
total of three dwelling units on a parcel of
no other dwelling units in
land
other buildings or
structures on the parcel
of land
9(1) (c)(iv) Existing rental
Greater of one
No exemption applies where it would
residential buildings,
and 1 % of the
result in a total number of dwelling units
each of which contains
existing units in
where units created under the exemption
four or more dwelling
the building
in this By-law would exceed the greater
units.
of one unit or 1 % of the units existing in
the building prior to the first exemption for
an additional dwelling unit.
9(1) (c)(v) An existing
One
No exemption applies where a dwelling
residential building not in
unit has already been created with an
another class of
exemption this By-law.
residential building
described in this table.
(d) the creation of additional dwelling units in accordance
with the following table:
Page 40
Description of Class of Proposed New
Restrictions
Residential Buildings & Number of
Units Proposed
9(1) (d)(i) the second or third dwelling
No exemption applies for the creation of first
units in a proposed detached, semi-
dwelling unit or where a dwelling unit or units
detached or townhouse dwelling where
which would result in more than a total of
there are no other dwelling units, existing
three dwelling units on a parcel of land
or proposed, in other buildings or
structures on the parcel of land
9(1) (d)(iii) one dwelling unit in a
No exemption applies for the creation of a
proposed new residential building that
dwelling unit which would result in more than
would be ancillary to a proposed new
a total of three dwelling units on a parcel of
detached dwelling, semi-detached
land.
dwelling or townhouse dwelling which
would not contain more than a two
dwellinq units.
3.
4.
5.
6.
7.
a
(e) non-profit housing development; and
(f) residential units that are affordable housing units required to be
included in a development or redevelopment ("inclusionary zoning
units") pursuant to a by-law passed under section 34 of the
Planning Act to give effect to the policies described in subsection
16 (4) of that Act."
In Section 11(1) of By-law 86-2001 the reference to "ten
years" is replaced with "five years".
In Section 11(2) of By-law 86-2001 the reference to "ten
year" is replaced with "five year".
Section 11(3) of By-law 86-2001 is deleted.
Section 11(4) of By-law 86-2001 is renumbered section 11(3).
Following section 11(3) add new section, as follows:
"Reduction for Rental Housing Development
11(4) The development charges set out on Schedule B
shall be:
(a) In rental housing development, for dwelling units with 3 or
more bedrooms: 75% of the Total of All Charges shown on
Schedule B;
(b) In rental housing development, for dwelling units with 2
bedrooms: 80% of the Total of All Charges shown on Schedule B;
and
(c) In rental housing development, for all other dwelling units:
85% of the Total of All Charges shown on Schedule B."
In Section 12 of By-law 86-2001 the reference to "section
21" is replaced with "section 17".
In Section 13 of By-law 86-2001 the reference to "section
13" is replaced with "section 12 of this by-law".
Page 41
10. Section 14 of By-law 86-2001 is deleted.
11. Section 15 of By-law 86-2001 is renumbered section 14 and the
reference to "sections 13 and 22" is replaced with "sections 12 and
21 of this by-law".
12. Section 16 of By-law 86-2001 is renumbered section 15
and the reference to "section 13" is replaced with "section 12
of this by-law".
13. Section 17 of By-law 86-2001 is replaced with,
16 Notwithstanding subsection 12 , 13 and 14 of this by-law,
where development charges become payable after January 1, 2020
for development of rental housing that is not non-profit housing
development and institutional development, development charges
shall be paid in equal annual instalments, with interest where
applicable pursuant to the Region of Durham Development Charge
Interest Rate Policy as amended from time to time, beginning on
the earlier of the date of issuance of a permit under the Building
Code Act, 1992 authorizing occupation of the building and the date
the building is first occupied, and continuing on the following five
anniversaries of that date.
17 Development charges imposed pursuant to this by-law shall
be adjusted annually, without amendment to this by-law, to a
maximum of 3% per annum as of the first day of July in accordance
with the Statistics Canada Quarterly, Construction Price Statistics,
catalogue number 62- 007, for the most recently available annual
period ending March 31. For greater certainty, the first such annual
indexing shall be effective from July 1, 2002, and for each first day
of July thereafter."
14. In Section 18 of By-law 86-2001 the. references to "section
21", "section 17", "sections 13 and 15" are replaced with
"section 17", "section 16" and "sections 12 and 14" respectively.
15. Section 22 of By-law 86-2001 is replaced with,
"Interest
22. Development charges payable per this by-law shall bear interest
in accordance with the Region of Durham Development Charge
Interest Rate Policy, as amended from time to time."
Page 42
16. In Schedule B to By-law 86-2001 the reference to "single" is
deleted and the reference to "section 21" in the Note is replaced
with "section 17".
This By-law Read and Passed on the 14th day of June, 2023.
i
J. H nry, egional CHair and CEO
A. Harras, Regional Clerk
CERTIFIED A TRUE COPY
JUN 15 2023
A.HARRAS
REGIONAL CLERK
Page 43
Page 44
Authority: Report #2023-F-15
By-law Number 44-2023
of The Regional Municipality of Durham
Being a by-law to amend by-law number 39-2022.
Whereas section 19 of the Development Charges Act, 1997, S.O. 1997, c.27 (the
"Act") provides for amendments to development charge by-laws;
And Whereas the Council of The Regional Municipality of Durham requires certain
amendments to By-law 39-2022;
And Whereas in accordance with the Act, a development charge background
study has been completed in support of the proposed amendment to By-law 39-
2022;
And Whereas the Council of The Regional Municipality of Durham has given
notice and held a public meeting on the 12th day of April 2023 in accordance with
the Act;
And Whereas the Council of The Regional Municipality of Durham has permitted any
person who attended the public meeting to make representations in respect of the
proposed amendments;
And Whereas the Council of The Regional Municipality of Durham has
determined that a further public meeting is not necessary pursuant to Section
12(3) of the Act;
Now therefore, the Council of The Regional Municipality of Durham hereby
enacts as follows:
1. Section 1 of By-law 39-2022 is amended as follows:
(a) for "bedroom" replace definition with
"means a habitable room, of at least seven square meters (7 m2)
where a built-in closet is not provided, or at least six square meters
(6 m2) where a built-in closet is provided, including a den, study,
loft, or other similar area, but does not include a living room, a
dining room, a bathroom or a kitchen;"
(b) add a new definition "detached dwelling" and "detached" as
follows:
"means a residential building on one parcel of land comprising at least 1
dwelling unit and not more than 3 dwelling units on that parcel of
land, where no portion of the building is attached to any building
on another parcel of land;"
(c) for "duplex" replace definition with,
"means a building comprising, by horizontal division, two dwelling
units on one parcel of land;"
(d) delete entire "garden suite" definition;
(e) in the "gross floor area" definition, the reference to "section
Page 45
8" is deleted;
(f) delete entire "housing services use"/ "housing services" definition;
(g) in the "institutional development" definition, replace "section
16(a)" with "section 17";
(h) for "medium density multiples" replace definition with,
"includes plexes, townhouses and all other residential uses that
are not included in the definition of "apartment building",
"apartment", "mobile homes", "retirement residence units",
"detached", "detached dwelling" or "semi-detached dwelling";"
(i) for "non-profit housing development" replace definition with,
"means development of a building or structure intended for use as
residential premises and developed by:
(i) a corporation to which the Not -for -Profit
Corporations Act, 2010 applies, that is in good standing
under that Act and whose primary object is to provide
housing;
(ii) a corporation without share capital to which the
Canada Not- for -profit Corporations Act applies, that is in
good standing under that Act and whose primary object is to
provide housing; or
(iii) a non-profit housing co-operative that is in good
standing under the Co-operative Corporations Act;"
(j} in the "rental housing" definition, replace "section 16(a)" with
"section 17";
(k) for "residential use", replace definition with,
"means lands, buildings or structures used, or designed or intended
for use as a home or residence of one or more individuals, and
shall include any building or structure containing dwelling units, and
include but not limited to, a detached dwelling, a semi-detached
dwelling, a townhouse, a plex, a stacked townhouse, an apartment,
an apartment building, a mobile home, a retirement residence and
a residential dwelling unit accessory to a non-residential use,"
(1) replace entire "semi-detached duplex" definition with,
""semi-detached building" means a building on two parcels of land,
divided vertically (above or below ground) along the common lot
line of the two parcels and comprising at least 1 dwelling unit and
not more than 3 dwelling units on each parcel;"
(m) for "semi-detached dwelling" replace definition with,
"means the portion of a semi-detached building on one parcel of
land comprising at least 1 dwelling unit and not more than 3
dwelling units,"
Page 46
(n) delete entire "single detached dwelling and "single
detached" definition
(o) for "stacked townhouse" replace definition with,
""stacked townhouse" means a building, other than a plex, a
detached dwelling or townhouse, containing at least 3 dwelling
units; each dwelling unit separated from the other vertically and/or
horizontally and each dwelling unit having a separate entrance to
grade;"
(p) replace entire "townhouse" definition with,
""townhouse building" means a residential building, on at least 3
parcels of land divided vertically (above or below ground) along the
common lot line between each of the parcels and comprising at
least 1 dwelling unit and not more than 3 dwelling units on each
parcel;" and
(q) add new definition, after "townhouse building",
""townhouse dwelling" means the portion of a townhouse building
on one parcel of land comprising at least 1 dwelling unit and not
more than 3 dwelling units;".
2. Section 8 of By-law 39-2022 is deleted and replaced with the
following:
"8.0) Development charges shall not be imposed in respect to:
(a) the issuance of a building permit not resulting in the creation of an
additional dwelling unit;
(b) the enlargement of an existing dwelling unit;
(c) the creation of additional dwelling units in accordance
with the following table:
Description of Class of
Maximum
Restrictions
Existing Residential
Number of
Buildings
Additional
Dwelling Units
8.(1) (c)(i) Existing
No exemption applies for the creation of
detached, semi-detached
Two
a dwelling unit or units which would result
or townhouse dwellings,
in more than a total of three dwelling
which contain a single
units on a parcel of land
dwelling unit, and where
there are no other
dwelling units in other
buildings or structures on
the parcel of land
Page 47
8.(1) (c)(ii) Existing
One
detached, semi-detached
No exemption applies for the creation of
or townhouse dwellings,
a dwelling unit or units which would result
each of which contains a
in more than a total of three dwelling
single dwelling unit and
units on a parcel of land
where there is no more
than one dwelling unit in
other buildings or
structures on the parcel
of land
8.(1) (c)(iii) Existing
One
This exemption applies only for the
detached, semi-detached
creation of a dwelling unit in an ancillary
or townhouse dwellings,
building or structure and no exemption
each of which contains
applies for the creation of a dwelling unit
no more than 2 dwelling
or units which would result in more than a
units and where there are
total of three dwelling units on a parcel of
no other dwelling units in
land
other buildings or
structures on the parcel
of land
8.(1) (c)(iv) Existing rental
Greater of one
No exemption applies where it would
residential buildings,
and 1 % of the
result in a total number of dwelling units
each of which contains
existing units in
where units created under the exemption
four or more dwelling
the building
in this By-law would exceed the greater
units.
of one unit or 1 % of the units existing in
the building prior to the first exemption for
an additional dwelling unit.
8.(1) (c)(v) An existing
One
No exemption applies where a dwelling
residential building not in
unit has already been created with an
another class of
exemption this By-law.
residential building
described in this table.
(d) the creation of additional dwelling units in accordance
with the following table:
Description of Class of Proposed New Restrictions
Residential Buildings & Number of
Units Proposed
8.(1) (d)(i) the second or third dwelling No exemption applies for the creation of first
units in a proposed detached, semi- dwelling unit or where a dwelling unit or units
detached or townhouse dwelling where which would result in more than a total of
there are no other dwelling units, existing three dwelling units on a parcel of land
or proposed, in other buildings or
structures on the parcel of land
2.13 (d)(iii) one dwelling unit in a No exemption applies for the creation of a
proposed new residential building that dwelling unit which would result in more than
would be ancillary to a proposed new a total of three dwelling units on a parcel of
detached dwelling, semi-detached land.
dwelling or townhouse dwelling which
would not contain more than a two
dwelling units.
(e) non-profit housing development; and
(f) residential units that are affordable housing units required
to be included in a development or redevelopment
(Inclusionary zoning units") pursuant to a by-law passed
under section 34 of the Planning Act to give effect to the
policies described in subsection 16 (4) of that Act."
3. In Sections 13(1) and 13(2) of By-law 39-2022 the reference to
"ten years" is replaced with "five years".
4. Section 13(3) of By-law 39-2022 is deleted.
5. Section 13(4) is renumbered section 13(3).
6. Following section 13 add new section, as follows:
"Reduction for Rental Housing Development
14. The development charges set out on Schedule B shall be:
(a) In rental housing development, for dwelling units with 3 or
more bedrooms: 75% of the Total of All Charges shown on
Schedule B;
(b) In rental housing development, for dwelling units with 2
bedrooms: 80% of the Total of All Charges shown on Schedule B;
and
(c) In rental housing development, for all other dwelling units:
85% of the Total of All Charges shown on Schedule B."
7. Section 14 of By-law 39-2022 is renumbered section 15 and the
references to "section 17" and "section 19" are replaced with
"section 18 of this by-law" and "section 20" respectively.
8. Section 15 of By-law 39-2022 is renumbered section 16 and the
reference to "section 14" is replaced with "section 15 of this by-
law".
9. Section 16 of By-law 39-2022 is renumbered section 17 and
replaced with,
"17. Notwithstanding subsection 15 of this by-law, where
development charges become payable after January 1, 2020 for
development of rental housing that is not non-profit housing
development and institutional development, development charges
shall be paid in equal annual instalments beginning on the earlier
of the date of issuance of a permit under the Building Code Act,
1992 authorizing occupation of the building and the date the
building is first occupied, and continuing on the following five
anniversaries of that date."
10. Section 17 of By-law 39-2022 is renumbered section 18 and the
references to "section 19","section 22", "section 16" and
"section 14", are replaced with "section 20", "section 23",
"section 17" and "section 15" respectively.
11. Section 18 of By-law 39-2022 is renumbered section 19.
12. Section 19 of By-law 39-2022 is renumbered section 20.
13. Section 20 of By-law 39-2022 is renumbered section 21.
Page 49
14. Section 21 of By-law 39-2022 is renumbered section 22.
15. Section 22 of By-law 39-2022 is renumbered section 23 and
replaced with,
"Interest
"23. Development charges payable per this by-law shall bear
interest in accordance with the Region of Durham Development
Charge Interest Rate Policy, as amended from time to time."
16. Section 23 of By-law 39-2022 is deleted.
17. In Schedule B to By-law 39-2022 the reference to "single" is
deleted and the reference to "section 19" in the Note is replaced
with "section 20".
18. In Schedule C to By-law 39-2022 the reference to "section 19" in
the Note is replaced with "section 20".
This By-law Read and Passed on the 14th day of June, 2023.
J. en Regi al Chaii' a. d CEO
A. Harras, Regional Clerk
CERTIFIED A TRUE Copy
JUN 15 2023
A.HARRAS
REGIONAL CLERK
Page 50
THIS LETTER HAS BEEN FORWARDED
TO THE EIGHT AREA CLERKS
Sent Via Email
June 28, 2023
Minister Caroline Mulroney
Minister of Transportation
• 777 Bay Street, 5' floor
Toronto, Ontario M7A 1 Z8
The Regional
Dear Minister Mulroney:
Municipality of
Durham
RE: Automated Speed Enforcement and Red -Light Camera
Corporate Services
Program Update (2023-COW-25), Our File: T02
Department —
Legislative Services
Division
Council of the Region of Durham, at its meeting held on June 28,
2023, adopted the following recommendations of the Committee of the
605 Rossland Rd. E.
Whole:
Level 1
PO Box 623
"A) That the application of net Provincial Offences Act (POA)
Whitby, ON L1 N 6A3
revenue sharing be adjusted to apply the third party Regional
Canada
costs of Red Light Cameras (RLC), Automated Speed
Enforcement (ASE), overall increased costs of POA
11
administration and prosecution as a result of RLC and ASE,
1-800- 72-
1-800-372-1102
and third party costs for those local area municipalities with
durham.ca
ASE or RLC against gross fine revenue received prior to
allocation of net proceeds to local municipalities;
Alexander Harras
M.P.A.
i) That the Legal and Finance departments consult with
Director of
local area municipalities to bring forward an updated
Legislative Services
& Regional Clerk
agreement for execution of all parties, if deemed
necessary;
ii) That staff review and report back on the implications of
the new Administrative Monetary Penalties (AMP)
program, particular to the current POA, RLC, and ASE
processes; and
B) That the Chair and Clerk be authorized to execute such net
POA revenue sharing agreement to the satisfaction of the
Regional Solicitor subject to consideration of the implications
of the AMP program.
C) And further,
Whereas the Province of Ontario introduced Bill 65 — Safer
School Zones Act, 2016 (Bill 65) on November 15, 2016,
If you require this information in an accessible format, please call 1-800-372-1102 ext. 2097.
Page 51
which amended the Highway Traffic Act to permit Ontario
Municipalities to implement Automated Speed Enforcement
Cameras on municipal roads designated by municipal bylaw
as Community Safety Zones or School Zones within their
jurisdiction;
And whereas the Regional Municipality of Durham has
deployed both mobile and fixed location Automated Speed
Enforcement Cameras in locations as permitted by the
Highway Traffic Act with much success at reducing the speed
of motor vehicle drivers in Community Safety Zones and
School Zones helping us to achieve the Region's Vision Zero
goals;
And whereas the Regional Municipality of Durham has road
sections where speeding drivers continue to be of significant
concern outside of School Zones and Community Safety
Zones where Automated Speed Enforcement is not currently
permitted by legislation;
And whereas the Ontario Ministry of Transportation requires
that all municipalities install signage to provide a 90-day
warning period for each deployment and redeployment of
Automated Speed Cameras;
Now therefore be it resolved that the Ontario Ministry of
Transportation be requested to further amend the Highway
Traffic Act to expand the applicable uses of Automated
Speed Enforcement Cameras to road segments outside of
School Zones and Community Safety Zones, including
Provincial roadways that pass through our Communities; and
That the Ontario Ministry of Transportation be requested to
amend existing agreements with Municipalities that operate
Automated Speed Enforcement to reduce the 90-day
advanced warning requirement to not more than 10 days for
initial deployments and eliminate the need for advanced
warning signs for subsequent re -deployment of Automated
Speed Enforcement Cameras on the same road corridor; and
That this resolution be provided to all municipalities currently
participating in the Automated Speed Enforcement program
including the City of Toronto, City of Ottawa, City of
Brampton, City of Hamilton, City of Mississauga, City of
London, City of Pickering, Town of Ajax, Regional
Municipality of York, Regional Municipality of Peel, Regional
Municipality of Niagara, and Regional Municipality of
Waterloo, as well as the Township of Brock, Municipality of
Clarington, City of Oshawa, Township of Scugog, Township
Page 52
of Uxbridge, and the Town of Whitby with a request that they
further endorse this resolution to expand the permitted uses
of Automated Speed Enforcement in Ontario."
Please find enclosed a copy of Report #2023-COW-25 for your
information and further endorsement of this resolution to expand the
permitted uses of Automated Speed Enforcement in Ontario.
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/sc
Enclosed
c: R. Jagannathan, Acting Commissioner of Works
J. Hunt, Regional Solicitor & Director of Legal Services
N. Taylor, Commissioner of Finance
N. Cooper, Clerk, Town of Ajax
F. Lamanna, Clerk, Township of Brock
J. Gallagher, Clerk, Municipality of Clarington
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
B. Jamieson, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
J. Elvidge, City Clerk, City of Toronto
R. O'Connor, City Clerk, City of Ottawa
P. Fay, City Clerk, City of Brampton
A. Holland, City Clerk, City of Hamilton
D. Rusnov, City Clerk & Director of Legislative Services, City of
Mississauga
M. Schulthess, City Clerk, City of London
C. Raynor, Regional Clerk, Regional Municipality of York
K. Lockyer, Regional Clerk, Regional Municipality of Peel
A. Norio, Regional Clerk, Regional Municipality of Niagara
W. Short, Regional Clerk, Regional Municipality of Waterloo
Page 53
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3540.
The Regional Municipality of Durham
Report
From: Acting Commissioner of Works, Regional Solicitor and Director of Legal
Services and Commissioner of Finance
Report: #2023-COW-25
Date: June 14, 2023
Subject:
Automated Speed Enforcement and Red -Light Camera Proqram Update
Recommendations:
That the Committee of the Whole recommend to Regional Council:
A) That the application of net Provincial Offences Act (POA) revenue sharing be
adjusted to apply the third party Regional costs of Red Light Cameras (RLC),
Automated Speed Enforcement (ASE), overall increased costs of POA
administration and prosecution as a result of RLC and ASE, and third party costs
for those local area municipalities with ASE or RLC against gross fine revenue
received prior to allocation of net proceeds to local municipalities;
i) That the Legal and Finance departments consult with local area municipalities to
bring forward an updated agreement for execution of all parties, if deemed
necessary;
ii) That staff review and report back on the implication of the new Administrative
Monetary Penalties (AMP) program, particular to the current POA, RLC, and
ASE processes; and
B) That the Chair and Clerk be authorized to execute such net POA revenue sharing
agreement to the satisfaction of the Regional Solicitor subject to consideration of
the implications of the AMP program.
Page 54
Report #2023-COW-25
Paae 2 of 14
Report:
1. Purpose
1.1 The purpose of this report is to provide an update on the Automated Speed
Enforcement (ASE) and Red Light Camera (RLC) programs, including impact on
vehicle speeds, red light running, charges issued to date, program costs and the
approximate value of charges laid. This also will take into consideration the
implications to the current (unsigned but in place for many years) net POA
revenue sharing agreement between the Region of Durham and Local Area
Municipalities (LAM). An interim arrangement was referenced in Report 2023-F-9
in section 8.5 and 8.6 to close out 2021 and 2022 revenue sharing.
2. Background
2.1 At their meeting held on April 24, 2019, the Regional Municipality of Durham
(Region) Council endorsed a Vision Zero approach to Road Safety for the Region
in an effort to reduce injuries and fatalities on Regional and Local Roads over a 5-
year period by 10 percent and ultimately eliminate all fatalities and injuries caused
by collisions on our road system.
2.2 At their meeting on September 30, 2019, Regional Council approved a program to
implement twelve RLCs and four mobile ASE cameras across the Region.
2.3 Collisions that result from failing to stop at a red light are a major cause of serious
and fatal collisions at intersections. When they are obeyed, traffic signals prevent
motor vehicle collisions with cross traffic and also pedestrians and cyclists. The
cyclists and pedestrians rely on drivers to obey the signals for their safety. Red
Light Cameras are an effective measure to improve compliance.
2.4 Speeding in areas with high levels of pedestrian traffic causes serious injury and
fatal collisions with vehicles and pedestrians. This is particularly acute when those
pedestrians are school aged children. For many years these areas have been
identified as Community Safety Zones with better signage, lower speed limits and
higher fines. Adding Automated Speed Enforcement to these areas to further
reinforce posted speed limits will reduce the number of pedestrians injured and
killed in these locations.
2.5 On September 18, 2020, the RLC program started issuing fines at the first
location at Thickson Road and Dundas Street in the Town of Whitby with the
remaining 11 sites coming online by the end of 2020.
Page 55
Report #2023-COW-25 Page 3 of 14
2.6 On September 8, 2020, ASE program operations started issuing fines at the
following four locations in the Region of Durham:
• Central Street (RR5) at Claremont Public School — City of Pickering
• Bayly Street (RR22) at Ajax High School — Town of Ajax
• Anderson Street (RR36) at Anderson CVI — Town of Whitby
• Simcoe Street (RR2) near Camp Samac — City of Oshawa
2.7 The four mobile ASE cameras have been in operation since that time rotating
approximately every eight weeks through 28 designated Community Safety Zones
and School Zones in the Region.
2.8 Eight fixed location ASE cameras have also been deployed at key locations
across the Region.
3. RLC Key Performance Indicators
3.1 A total of 5,726 RLC charges have been laid up to the end of 2022, including
2,505 in 2022. RLCs have been operational in the Region since September of
2020, as summarized in Table 1.
Table 1: RLC Locations, Charge Volume and Activation Date
Location
es
nin20
Charges
in 2021
Charges
in 2022
Activation
Date
Thickson Road at Dundas Street
54
175
163
18-Sep-20
Westney Road at Delaney Road
294
600
453
25-Sep-20
Lake Ridge Rd at Goodwood Rd
14
31
40
02-Oct-20
Simcoe Street at Conlin Road
128
547
583
05-Oct-20
Taunton Road at Altona Road
11
145
212
30-Oct-20
Liverpool Road at Bayly Street
13
98
121
30-Oct-20
Stevenson Road at King Street
23
141
152
30-Oct-20
Ritson Road at Bond Street
35
258
284
30-Oct-20
Simcoe Street at Rossland Road
62
429
315
30-Oct-20
Highway 2 at Courtice Road
16
63
90
30-Oct-20
Lake Ridge Rd at Taunton Road
4
27
28
02-Dec-20
Salem Road at Bayly Street
3
50
64
02-Dec-20
Total Charges
657
2,564
2,505
-
Page 56
Report #2023-COW-25
Paae 4 of 14
3.2 As illustrated in Figure 1, the number of RLC charges has varied since the start of
the program. Given the COVID19 pandemic related fluctuations in traffic volume,
the increase in charges cannot necessarily be construed as an increase in the
percentage of vehicles running red lights in the Region.
RLC Incidents and Charges
1,200
1,082
1,000 908 896 912
54 853 814
800 671 724 706 699 712
606 580 641 614
600 ii
9 80
400
200
6451
0 EM
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
2020 2021 2022
■ Incidents ■ Charges
Figure 1: RLC Charges over Time
3.3 Figure 1 also illustrates the difference between incidents captured and charges
laid. The RLC equipment uses technology to automatically capture an image of a
vehicle running a red-light. The images collected by the cameras are summarized
as incidents in the chart above. A Provincial Offences Officer in the Joint
Processing Centre reviews each image/incident and determines whether a charge
can be laid based on the evidence captured. Approximately 75 percent of the
incidents captured by the RLC equipment resulted in a charge.
3.4 Regional staff are carefully tracking collision statistics to assess the effectiveness
of RLCs at reducing collisions and improving safety. Results from other
jurisdictions that have been operating RLCs for many years have been very
positive and a similar result is anticipated for Durham Region.
3.5 Due to a drastic reduction in traffic volumes during the pandemic, collision
numbers have decreased across the Region during the period that the RLC
Page 57
Report #2023-COW-25 Page 5 of 14
program has been running. It is therefore difficult and premature to correlate any
decreases in collisions at RLC intersections to the presence of the cameras.
3.6 As shown in Table 2, traffic volumes at the twelve RLC locations have decreased
over time by 16 percent from 2019 to 2022, a small increase of 3.5 percent from
2020 to 2021 and a small decrease of less than 0.5 percent from 2021 to 2022.
Total injury collisions at the twelve locations decreased from a high of 39 in 2019
to a low of 30 in 2020 and 2022. Rear end collisions increased by 16% from 2020
to 2021 followed by a significant decrease in 2022. No fatal collisions have
occurred at the RLC locations since the start of the program.
Table 2: Collision Statistics for Locations with RLCs
Year
2019
2020
2021
2022
Vehicle
254,808
212,897
220,551
219,669
Volume
% Volume
Change from
N/A
-16%
+3.5%
-0.5%
Previous Yr
Fatal
1
0
0
0
Collisions
Injury
39
30
38
30
Collisions
Rear End
57
50
58
44
Collisions
Angle
27
25
24
23
Collisions
Turning
Movement
58
40
60
42
Collisions
Total
174
138
159
126
Collisions
3.7 Attachment #1 provides a more detailed summary of RLC Key Performance
Indicators to date.
3.8 Red Light Cameras form part of the Vision Zero program. The objective of Vision
Zero and these specific tools are to reduce the number of people killed or injured
by speeding drivers in Community Safety Zones and by drivers who fail to comply
with traffic signals. Municipalities expect declining volumes of charges from each
specific installation. External factors have posed a challenge to measure the
impact of these programs. However, staff working in this program have observed
early signs of a declining trajectory of charge volumes for specific installations.
Page 58
Report #2023-COW-25
4. RLC Program Costs and Fines Levied
Paae 6 of 14
4.1 The total fine payable for running a red light in the Province of Ontario is $325
resulting in a total of $1,647,425 in RLC fines for the 5,069 RLC charges issued in
2021 and 2022. In 2021 and 2022 total fines were issued in the amount of
$833,300 and $814,125 respectively. This should not be interpreted as total
revenue as the fines may not have been collected (or collectible) and the $325
fine includes the $60 Victim Fine Surcharge that is turned over to the province.
4.2 Third -party Program costs include costs for equipment and processing payable to
our vendor (TraffiPax), City of Toronto, and Ministry of Transportation — Ontario,
as well as Administrative Costs. These Program costs (excluding court costs) for
2021 were approximately $777,600. Due to the nature of the contract with our
equipment vendor, annual RLC enforcement costs decreased substantially
starting in 2022 to approximately $280,500.
4.3 In 2021, RLC equipment, Joint Processing Centre, and MTO costs were
$710,650, $64,133, and $2,784 respectively. In 2022, those same amounts were
$225,368, $52,504, and $2,655.
4.4 Attachment #2 provides a summary of traffic -related RLC program costs and fines
levied to date. It is important to note that there are additional costs associated
with both Works and POA administration and collection processes.
5. ASE Key Performance Indicators
5.1 As illustrated in Figure 2 below, the number of ASE charges have varied
significantly since the start of the program. The charge volumes increased in 2022
as the number of cameras increased from four to twelve. The number of charges
per camera has been steadily decreasing over time.
5.2 Figure 2 also illustrates the difference between incidents captured and charges
laid. The ASE equipment uses technology to automatically capture an image of a
vehicle speeding. The images collected by the cameras are summarized as
incidents in the chart below. A Provincial Offences Officer in the Joint Processing
Centre reviews each image/incident and determines whether a charge can be laid
based on the evidence captured. The total charge rate (proportion of charges
issued compared to total incidents captured) is 46 per cent.
5.3 Compared to the baseline collected in 2019, the overall speed limit compliance
increased by an average of 30 percent per site.
Page 59
Report #2023-COW-25
ASE Incidents and Charges
Paae 7 of 14
45,000
41,196
40,000
35,000 33,453
30,000
24,895 24,470 25,827
25,000
21,407
20,000 00017,571 19,296
,624
15,000 11,999 007 ,468 11,535 569 324
,,
10,000 062 280 096 208
5,000 ' I
0
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3
2020 2021
■ Incidents ■ Charges
Figure 2: ASE Charges over Time
5.4 Since the start of the Region's ASE program, data collected by the ASE cameras
and otherwise has shown an 8 km/hr reduction in average operating speed after
deployment of the ASE equipment. Over the years, many treatments have been
tried to reduce operating speeds on Regional Roads and none have been as
effective as the ASE Cameras. Speed limit compliance has on average tripled on
road segments equipped with the ASE technology since the start of the program
compared to baseline data collected in 2019.
5.5 Since the start of ASE enforcement in September of 2020, speed data has been
collected from approximately 20 million vehicles by four fixed and four mobile
speed camera units. Of those 20 million vehicles, 103,873 of them have
(approximately 5 charges per 1,000 vehicles) been issued tickets for speeding
violations. The number of repeat offence notices to the same owner and the
number of offence notices per camera has declined significantly since the start of
operations, suggesting a positive and sustained change in driver behaviour.
5.6 The Region have seen favourable results in several Key Performance Indicators
over time including the number of repeat offenders, charges issued over time and
compliance with the posted speed limit.
Page 60
Report #2023-COW-25 Page 8 of 14
5.7 Attachment #3 provides a summary of Key Performance Measures for the ASE
program to date including impacts on speeding and the number of charges
issued.
5.8 In 2022, 43,487 ASE charges were issued by the Joint Processing Centre on the
Region's behalf.
6. ASE Program Costs and Fines Levied
6.1 ASE is an effective tool to reduce operating speeds and improve safety. It is
critical to note that generating revenue is not the intent of the program but rather
to reinforce Vision Zero objectives. As the program reaches mature
implementation, the net revenue is anticipated to be significantly lower than during
initial years of implementation.
6.2 In 2021, a total of 35,324 speeding fines were issued through the ASE Program
with an average fine of approximately $110.00 per offence resulting in a total of
approximately $3.886 million. In 2022 the average fine amount was $111.16
resulting in a total estimated fine value of $4.834 million. As with RLC charges,
fines levied should not be interpreted as total revenue as the fines may not have
been collected (or collectible), and the fine amount also includes the Victim Fine
Surcharge that is turned over to the province.
6.3 Third -party Program costs include equipment and processing fees payable to our
vendor (Redflex Traffic Systems/Verra Mobility), City of Toronto and Ministry of
Transportation — Ontario as well as Administrative Costs. Third -party Program
costs (excluding court costs) for 2021 were approximately $386,716. The program
cost increased in 2022 by 43% to $553,204.
6.4 In 2021, ASE equipment, Joint Processing Centre, and MTO costs were
$103,906, $247,492, and $35,318 respectively. In 2022, ASE equipment and Joint
Processing Centre costs were $187,925, and $319,183 respectively. 2022 MTO
costs are estimated to be $46,096 (based on 43,487 charges issued) but are not
payable until the end of the Province's fiscal year.
6.5 Attachment #4 provides a summary of ASE program costs and fines issued to
date.
Page 61
Report #2023-COW-25 Page 9 of 14
7. Revenue Sharing of Provincial Offences Act (POA) Fines
7.1 As Council is aware, when the original download and transfer of POA
administration by the Province occurred (including the Region's responsibility for
the cost of prosecution, court services and collections), the Province had been
suggesting that this was a net gain to the municipalities, including collection of
historical arrears uncollected by the Province. At the time, a revenue sharing
arrangement was determined with the LAMs. This arrangement was not finalized
and executed but has been honoured by the Region since that time. As seen in
Table 3 below, this has not been a significant revenue stream for the Region or
the LAMs.
7.2 Since this original transfer of responsibility from the Province to the Region, any
net POA revenues collected are shared with the local municipalities after
accounting for the cost of prosecution, court services and collections. The
Region's costs for administering the ASE and RLC programs identified earlier in
this report had not been netted against the POA fines collected as they did not
exist at the time of the original transfer. However as we have been working
through the implementation of ASE and RLC, it has become clear that any
separation of the costs of the ASE and RLC programs from the POA court and
administrative perspective is not possible. The Region has retained 40 per cent of
any net revenues and 100 per cent of deficits to date. This may have to be
reconsidered in the future depending upon financial outcomes over time. The
individual local municipalities' share of the remaining 60 per cent of net revenues
is allocated by their share of the overall weighted current value assessment.
7.3 Table 3 also provides the allocation of net POA fines from 2017 to 2021.
7.4 When the Region introduced the RLC and ASE programs, additional Regional
resources were required to prosecute and provide court services for these
offences. All RLC and ASE fines are POA fines and included with the overall
POA fines coming to the Region. It is currently a manual process to identify and
separate the fine revenue collected specific to RLC and ASE offences due to the
constraints of the existing provincial system. Neither the costs nor the revenue
collected can be separately identified.
Page 62
Report #2023-COW-25
Paae 10 of 14
Table 3: 2017 to 2021 Allocation of Net POA Fines
2017
2018
2019 (Note 1)
2020 (Note 2)
2021
5 Year
Total
Total
Total
Total
Total
Total
Sharing
Sharing
Sharing
Sharing
Sharing
Sharing
Total 998,617 183,052 (369,255) (928,989) 278,217 161,642
Ajax
106,313
19,461
7,974 -
29,278
163,026
Brock
10,051
1,791
735 -
2,722
15,299
Clarington
77,345
14,245
5,889 -
21,760
119,239
Oshawa
126,189
23,424
9,655 -
34,895
194,163
Pickering
104,473
19,042
7,926 -
29,470
160,911
Scugog
22,652
4,038
1,630 -
5,873
34,193
Uxbridge
26,232
4,711
1,905 -
6,840
39,688
Whitby
125,915
23,118
9,522 -
36,091
194,646
Area Municipal Share
599,170
109,831
45,236 -
166,930
921,167
Regional Share
399,447
73,221
(414,491) (928,989)
111,287
(759,525)
Notes
1. 50% of Budget Net Revenue was distributed to Area Municipalities in 2019
2. Net Deficit was not shared with area municipalities in 2020
3. Columns may not add due to rounding
7.5 Additional complications have arisen with the transfer of responsibility for Part II
and IX prosecutions from Ministry of Attorney General to the Region of Durham,
as approved by Regional Council in June 2022. Following this transfer, the
Region became responsible for additional prosecution costs without an offsetting
revenue stream. This further decreases the net POA revenue available for
sharing with the Region's local municipalities.
7.6 As shown in Table 4, despite population, roads and traffic volumes growing
substantially, charge volumes for traffic and regulatory offences were declining
since 2017 - reaching an all time low in 2019. Revenues declined over this same
period. Charge volumes net of Red Light Camera and Automated Speed
Enforcement charges have fully recovered to 2019 levels and may soon match
volumes from 2017. When Red Light Camera and Automated Speed Enforcement
are included charge volumes fully recovered in 2020 and have far exceeded
historical highs. POA revenues have not recovered to match. In 2020, and to
some extent in 2021, the Province closed courts for several months in response to
the public health emergency. Currently, a persistent lack of judicial resources is
Page 63
Report #2023-COW-25
Paae 11 of 14
restricting capacity in POA Courts through the province. In Durham, only two out
of four POA courts are operational, with more resources expected late in 2023 or
early in 2024. The revenue drop is expected to recover as more judicial resources
are made available in POA Courts.
Table 4: Durham Region Courts Data — ASE/RLC and Other Offences
Year
2017
2018
2019
2020
2021
2022
RLC/ASE'
25,727
37,471
56,248
Part 1,2,3
78,357
68,920
65,131
45,315
55,678
65,171
Total
78,357
68.920
65,131
78,218
93,149
131,379
Data represents the number of charges managed by the courts which differs from data shown
elsewhere in this report. Several charges issued in 2021 were processed in 2022.
7.7 The impact of funding from fine revenue the third party costs associated with the
operations of the RLC and ASE programs for the Region and participating LAMs
in 2022 and as estimated for the 2023 budget is shown in Table 5 below.
Table 5: Third Party RLC/ASE Costs Funded from Fine Revenue
2022 Actual
2023 Approved
Budget
Program costs before RLC/ASE
$7,227,834
$9,176,375
RLC/ASE — Region Note'
866,605
842,800
ASE — LAMs -Pickering & Ajax Note 2
762,542
291,900
Program Costs
8,856,981
10,311,075
Fine Revenue
(8,920,954)
(11,803,744)
Net Fine Revenue
kaU2=973)
($1.492,669)
Note 1:2022 Actual costs for Region are slightly higher due to timing of receipt/payment of invoices.
Note 2: 2022 Actuals include costs for LAMs for 2021 and 2022 as per Report 2023-F-9. Costs for
2023 are estimated to be equal to that of 2022.
Page 64
Report #2023-COW-25
Paae 12 of 14
7.8 While a small surplus was recognized in 2022 after covering the RLC/ASE
operating program costs, a larger surplus is possible for 2023, assuming fine
revenue increases to the budget amount. Note that the 2022 fine revenue budget
was $11.8 million and is unchanged in the 2023 approved budget. The shortfall in
fine revenue in 2022 was $2.88 million.
7.9 It is also important to note that there are additional operating costs, including staff
time and ancillary materials and supplies, incurred in delivering these programs.
Furthermore, capital costs are incurred for the acquisition of equipment and these
costs are not included in the analysis above and are expected to be funded from
alternative sources.
7.10 Staff are recommending that, in order to ensure consistency from the total
Regional implications of POA, third party costs of the RLC and ASE programs
incurred by the Region and participating LAMs be applied against POA revenue
received with the net proceeds after that being allocated based on the existing
process. It is also recommended that the agreements be updated and progress
through an approval process at the LAMs, if deemed necessary in discussions
between legal and finance departments respectively. Initially, this may result in an
increase to the LAMs to assist those implementing their own ASE programs to
offset local costs. As has already been occurring, this net revenue to the LAMs
will continue to decline as the positive effect of full implementation of the RLC and
ASE programs are felt on driver behaviour and additional POA prosecutions are
downloaded by the Province. Ultimately, it is very likely that this will become a
cost centre only, with no net revenues. This may depend upon the impact of an
AMP system. LAMs should be made aware that their ASE/RLC camera third
party costs will not be recovered fully in the event of a shortfall and potentially a
cost will be billed to LAMs for POA cost recovery. This may make the process of
updating agreements deemed to be unnecessary as it may be a temporary
situation that can be accepted informally by all parties.
8. Conclusion
8.1 ASE and RLC technology continue to be effective tools to reduce speeding and
improve safety on Regional Roads in Durham Region. As often noted, it is not set
up or implemented with a view to generate revenue. Fine revenue does not
cover, nor is it intended to cover all costs of imposing charges, for example staff
costs or DRPS costs.
Page 65
Report #2023-COW-25
Paae 13 of 14
8.2 Works staff will provide a further update on ASE and RLC program performance
in 2024 together with other Vision Zero initiatives. Legal and Finance will report
back as necessary regarding the net POA revenue sharing agreements given the
complexities articulated above.
8.3 This report was prepared jointly by the Works, Finance and Legal Services
Departments.
8.4 For additional information, please contact:
• Ramesh Jagannathan, Director, Transportation and Field Services at
905-668-7711, ext. 2183.
• Joanne Cermak, Director, Financial Services at 905-668-7711, ext. 2260
• Jason Hunt, Regional Solicitor and Director, Legal Services at 905-668-
7711, ext. 2086
Page 66
Report #2023-COW-25
9. Attachments
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Respectfully submitted,
Paae 14 of 14
Red Light Camera Key Performance Indicators
Red -Light Camera Enforcement Costs and Fines Levied
Automated Speed Enforcement Key Performance Indicators
Automated Speed Enforcement Costs and Fines Levied
Original signed by:
Ramesh Jagannathan
MBA, M.Eng., P.Eng., PTOE
Acting Commissioner of Works
Original signed by:
Nancy Taylor, BBA, CPA, CA
Commissioner of Finance
Original signed by:
Jason Hunt
Regional Solicitor and Director
Recommended for Presentation to Committee
Original signed by:
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page 67
Attachment #1 to Report #2023-COW-25
ATTACHMENT 1A
RED LIGHT CAMERA KEY PERFORMANCE MEASURES
COLLISION DATA BY LOCATION - ANNUAL TOTAL (2019-2022)1
RLC
Angle Collisions
Rear End Collisions
Total
Vehicle Volume
Total Collisions
Fatal Collisions
Injury Collisions
Location
Charges
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
Thickson
34,482
25,972
30,653
30,511
30
24
31
23
1
4
4
4
13
9
11
9
0
0
0
0
5
2
7
5
392
at Dundas
Westney
27,654
23,796
24,483
24,681
13
9
4
3
4
0
0
1
1
5
1
0
0
0
0
0
4
3
1
2
1347
at Delaney
Lake
Ridge at
10,092
9,655
8,741
8,616
4
6
3
6
1
2
0
2
2
2
1
2
0
0
0
0
1
1
1
0
85
Goodwood
Simcoe at
18,268
15,692
14,361
14,475
24
11
14
2
1
4
1
1
13
4
7
0
0
0
0
0
3
3
5
1
1258
Conlin
Taunton at
18,552
16,937
17,940
17,462
7
10
13
3
1
2
2
0
3
4
6
0
1
0
0
0
1
4
3
2
169
Altona
Liverpool
15,191
11,391
17,032
17,182
6
10
12
15
1
1
0
3
1
2
5
5
0
0
0
0
2
2
0
4
316
at Bayly
Stevenson
17,756
16,266
13,241
13,597
17
11
7
10
6
1
1
3
3
5
1
2
0
0
0
0
3
2
2
3
368
at King
Ritson at
23,475
17,642
20,916
21,502
18
5
22
11
8
3
7
3
3
0
6
3
0
0
0
0
3
1
5
2
806
Bond
Simcoe at
18,957
17,193
14,985
17,332
24
15
12
19
1
2
5
4
10
4
6
7
0
0
0
0
5
3
2
4
232
Rossland
Highway 2
25,911
18,878
20,302
21,670
3
4
6
5
2
2
0
0
0
1
2
4
0
0
0
0
0
1
1
0
577
at Courtice
Lake
Ridge at
19,897
18,044
16,973
10,806
17
23
25
17
1
1
2
0
7
10
10
8
0
0
0
0
7
6
8
2
59
Taunton
Salem at
24,573
21,431
20,924
21,835
11
10
10
12
0
3
2
2
1
4
2
4
0
0
0
0
5
2
3
5
117
Bayly
TOTAL
254,808
212897
220,551
1 219,669
174
1 138
159
1 126
27
25
24
23
57
50
58
44
1
1 0
0
0
39
30
38
30
5,726
1 Red -Light Cameras were first activated in late fall 2020. 2021 was the first full year of Red -Light Camera Operations
Page 68
Attachment #1 to Report #2023-COW-25
ATTACHMENT 1 B
RED LIGHT CAMERA KEY PERFORMANCE MEASURES
COLLISION DATA BY LOCATION - %CHANGE FROM 2019 TO 2020 and 20221
RLC
Angle Collisions
Rear End Collisions
Vehicle Volume
Total Collisions
Fatal Collisions
Injury Collisions
Location
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
2019
2020
2021
2022
Thickson
100
-25
-11
-12
100
-20
+3
-23
100
+300
+300
+300
100
-31
-15
-31
100
NA
NA
NA
100
-60
+40
0.
at Dundas
Westney
100
-14
-11
-11
100
-31
-69
-77
100
-100
-100
-75
100
+400
0.
-100
100
NA
NA
NA
100
-25
-75
-50
at Delaney
Lake
Ridge at
100
-4
-13
-15
100
+50
-25
+50
100
+100
-100
+100
100
0.
-50
0.
100
NA
NA
NA
100
0.
0.
-100
Goodwood
Simcoe at
100
-14
-21
-21
100
-54
-42
-92
100
+300
0.
0.
100
-69
-46
-100
100
NA
NA
NA
100
0.
+67
-67
Conlin
Taunton at
100
-9
-3
-6
100
+43
+86
-57
100
+100
+100
-100
100
+33
+100
-100
100
-100
-100
-100
100
+300
+200
+100
Altona
Liverpool
100
-25
+12
+13
100
+67
+100
+150
100
0.
-100
+200
100
+100
+400
+400
100
NA
NA
NA
100
0.
-100
+100
at Bayly
Stevenson
100
-8
-25
-23
100
-35
-59
-41
100
-83
-83
-50
100
+67
-67
-33
100
NA
NA
NA
100
-33
-33
0.
at King
Ritson at
100
-25
-11
-8
100
-72
+22
-39
100
-63
-13
-63
100
-100
+100
0.
100
NA
NA
NA
100
-67
+67
-33
Bond
Simcoe at
100
-9
-21
-9
100
-38
-50
-21
100
+100
+400
+300
100
-60
-40
-30
100
NA
NA
NA
100
-40
-60
-20
Rossland
Highway 2
100
-27
-22
-16
100
+33
+100
+67
100
0.
-100
-100
100
NA
NA
NA
100
NA
NA
NA
100
NA
NA
NA
at Courtice
Lake
Ridge at
100
-9
-15
-46
100
+35
+47
0.
100
0.
+100
-100
100
+43
+43
+14
100
NA
NA
NA
100
-14
+14
-71
Taunton
Salem at
100
-13
-15
-11
100
-9
-9
+9
100
NA
NA
NA
100
+300
+100
+300
100
NA
NA
NA
100
-60
-40
0.
Bayly
TOTAL
100
F -16
-13
14
100
-21
-9
-28
100
-7
1 .11
-15
100
.12
+2
.23
100
.100
.100
.100
100
-23
-3
.23
1 Red -Light Cameras were first activated in late fall 2020. 2021 was the first full year of Red -Light Camera Operations
Page 69
Attachment #2 to Report #2023-COW-25
ATTACHMENT 2
RED LIGHT CAMERA ENFORCEMENT COSTS AND FINES LEVIED
Program Component
Program Costs'
2021 Actual Cost
2022 Actual Cost
Notes
Equipment Costs (TraffiPax)
$710,650
$225,368
-
Processing Costs (City of
Toronto)
$64,133
$52,504
-
MTO Fees
$2,784
$2,655
Estimate - $1.06 per charge
TOTAL
$777,567
$280,527
1 Court/Collection Costs Excluded
Program Component
Fines Levied
2021 Actual Fines
2022 Actual Fines
Total
Total Charges
2,564
2,505
5,069
Fine Amount
$325 (incl. $60 VFS)
$325 (incl. $60 VFS)
-
Gross Fines Levied (Includes
$60 VFS remitted to the
Province
$833,300
$814,125
$1,647,425
Page 70
Attachment #3 to Report #2023-COW-25
ATTACHMENT 3A
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES — CITY OF PICKERING
Location
Total Vehicle
Volume
Change in
Average Speed
(km/hr)
% Change in
Speed Limit
Compliance
Total
Charges
Charges
per 1,000
Vehicles
1. Claremont — Central Street — Eastbound
810,085
-5
+11
5,292
6.5
2. Claremont — Central Street — Westbound
70,687
-6
+23
263
3.7
3. Altona Rd — S of Sheppard — Elizabeth B Phin PS — NB
601,779
-9
+57
6,264
10.4
4. Whites Rd — South of Finch - St. Mary SS — NB
605,902
-5
+23
1,124
1.9
S. Finch Ave — East of Dixie - St. Isaac Jogues — EB
608,735
-15
+59
1,937
3.2
Total
2,697,188
14,880
5.5
ATTACHMENT 3B
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES — TOWN OF AJAX
Total Vehicle
Change in
% Change in
Total
Charges
Volume
Average Speed
Speed Limit
Charges
per 1,000
Location
(km/hr)
Compliance
Vehicles
6. Bayly St — East of Harwood - Ajax HS — EB
4,257,432
-6
+18
2,735
0.6
Total
4,257,432
2,735
0.6
ATTACHMENT 3C
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES — TOWN OF WHITBY
Total Vehicle
Change in
% Change in
Total
Charges
Average Speed
Speed Limit
per 1,000
Location
(km)
/hr
Compliance liance
p
Charges
Vehicles
7. Anderson Street — Anderson CVI — SB
1,586,259
-9
+28
13,850
8.7
8. Hamlet of Ashburn — Myrtle Rd West -RR5 — EB
262,584
-17
+33
3,132
11.9
9. Taunton Rd — West of Anderson — Sinclair HS — WB
532,386
-15
+59
355
0.7
10. Taunton Rd — East of Fallingbrook — Sinclair HS — EB
453,056
NA
NA
554
1.2
Total
2,834,285
17,891
6.3
Page 71
Attachment #3 to Report #2023-COW-25
ATTACHMENT 3D
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES — CITY OF OSHAWA
Location
Total Vehicle
Change in
Average Speed
/hr
(km)
% Change in
Speed Limit
Compliance liance
p
Total
Charges
Charges
per 1,000
Vehicles
11. Simcoe St — South of Taylorwood — OTU- SB
2,606,284
-6
+23
8,958
3.4
12. Simcoe St — Camp Sumac — OUT — NB
950,698
-5
+14
4,829
5.1
13. Simcoe St — CSZ - North of Taunton Rd — NB
2951824
-9
+30
3,226
10.9
14. Simcoe St — North of Greta — SJ Philipps PS — NB
501,154
-7
+25
2,968
5.9
15. Harmony Rd — Vincent Massey PS — NB
834,446
-12
+49
7,837
9.4
16. Rossland Rd — W of Stevenson — Paul Dwyer HS — WB
443,766
-4
+15
10,247
23.1
17. Ritson Rd — N of Rossland — Beau Valley PS — NB
1,322,656
-6
+28
8,577
6.5
18. Stevenson Rd — RS McLaughlin CVI — NB
350,146
-6
+9
4,533
12.9
19. Adelaide Ave — Eastdale CVI — WB
668,535
-5
+8
1,776
2.7
Total
7,973,509
52,951
6.6
ATTACHMENT 3E
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES - CLARINGTON
Change in
% Change in
Charges
Total Vehicle
Total
Average Speed
Speed Limit
per 1,000
Location
Volume
(km/hr)
Compliance
Charges
Vehicles
20. Highway 2 — Main Street Courtice CSZ — Westbound
541,522
-7
+30
5,547
10.2
21. Liberty St — Bowmanville High School — Southbound
1,040,248
-9
+39
2,533
2.4
Total
1,581,770
8,080
5.1
Page 72
Attachment #3 to Report #2023-COW-25
ATTACHMENT 3F
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES - UXBRIDGE
Total
Change in
% Change in
Total
Charges
Vehicle
Average Speed
Speed Limit
per 1,000
Location
Volume
(km/hr)
Compliance
Charges
Vehicles
22. Goodwood — RR47 — Westbound
338,306
-24
+60
1,257
3.7
23. Goodwood — RR47 — Eastbound
122,719
-24
+60
1,185
9.7
24. Sandford (Scott Central Public School) -Eastbound
91,993
-10
+20
556
6.0
Total
553,018
2,998
5.4
ATTACHMENT 3G
AUTOMATED SPEED ENFORCEMENT KEY PERFORMANCE MEASURES - BROCK
Location
Total Vehicle
Change in
Average Speed
(km)
/hr
% Change in
Speed Limit
Compliance liance
p
Total
Charges
Charges
per 1,000
Vehicles
25. Beaverton — RR15 — Holy Family Catholic School — WB
216,844
-8
+32
1,132
5.2
26. Sunderland — River Street — EB
418,586
7
-19
2,338
5.6
27. Cannington — Cameron Street -WB
41,349
8
+35
737
17.8
28. Cannington — Cameron Street — West of Albert — EB
54,146
-12
+52
59
1.1
29. Cannington — Cameron Street — Brock HS — EB
84,563
NA
NA
72
0.9
Total
815,488
4,338
5.3
TOTAL DURHAM 20,712,690 103,873 5.0
Page 73
Attachment #4 to Report #2023-COW-25
ATTACHMENT 4
AUTOMATED SPEED ENFORCEMENT COSTS AND FINES LEVIED
Program Component
Program Costs'
2021 Actual Cost
2022 Actual Cost
Note
Equipment Costs Redflex
$103,906
$187,925
Processing Costs (City of
Toronto)
$247,492
$319,183
Adjusted to reflect start-up
cost credits
MTO Fees
$35,318
$46,096.22
Estimate - $1.06 per
charge
TOTAL
$386,716
$553,204
' Court/Collection Costs Excluded
Program Component
Fines Levied
2021 Actual Fines
2022 Actual Fines
Total
Total Charges
35,324
43487
78,811
Average Fine
$110.12
$111.16
Gross Fines Levied (Includes
VFS remitted to the Province
$3,889,878.88
$4,834,014.92
$8,723,893,80
Page 74
June 28, 2023
•
Mr. Zac Cohoon, Chair
Durham Agricultural Advisory Committee
c/o Region of Durham Planning Division
605 Rossland Road East, Level 4
The Regional
Whitby, ON L1 N 6A3
Municipality of
Durham
Dear Mr. Cohoon:
Corporate Services
Department —
Legislative Services
RE: Durham Agricultural Advisory Committee Resolution re:
Division
City of Pickering — Backyard Chickens in Pickering, Our
File: C00
605 Rossland Rd. E.
Level 1
PO Box 623
Council of the Region of Durham, at its meeting held on June 28,
Whitby, ON L1 N 6A3
2023, adopted the following recommendations of the Planning &
Canada
Economic Development Committee.
905-668-7711
"That the Durham Agricultural Advisory Committee is in support
1-800-372-1102
of the City of Pickering's resolution to not proceed with a
durham.ca
backyard chicken pilot program, and that a copy of this
resolution be forwarded to the area municipalities."
Alexander Harras
M.P.A. TC 1 a4l-ra4-
Director of
Legislative Services
& Regional Clerk Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/ks
c: N. Cooper, Clerk, Town of Ajax
F. Lamanna, Clerk, Township of Brock
J. Gallagher, Clerk, Municipality of Clarington
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
B. Jamieson, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
B. Bridgeman, Commissioner of Planning & Economic
Development
If you require this information in an accessible format, please contact 1-800-372-1102 ext. 2097.
Page 75
The Regional
Municipality of
Durham
June 28, 2023
The Honourable Steve Clark
Minister of Municipal Affairs and Housing
777 Bay Street, 17t" Floor
Toronto, ON M5G 2E5
Dear Minister Clark:
RE: Durham Region's Response to Provincial Consultation on
Bill 97 — The Helping Homeowners, Protecting Tenants
Act, 2023, the Proposed Provincial Planning Statement,
and Related ERO Postings #019-6821, #019-6822, #019-
6813 (2023-P-19), Our File: L00
Council of the Region of Durham, at its meeting held on June 28,
Corporate Services
2023, adopted the following recommendations of the Planning &
Department —
Legislative Services
Economic Development Committee:
Division
"A) That the letter dated May 5, 2023 (Attachment #1 to Report
#2023-P-19 of the Commissioner of Planning and Economic
Rossland Rd. E.
Development) from the Commissioner of Planning and
Lev el 1
Lev
Economic Development to the Minister of Municipal Affairs and
PO Box 623
Whitby, ON L1 N 6A3
Housing, be endorsed as Durham Region's comments on Bill
Canada
97;
905-668-7711
B) That the following recommendations form the Region's
1-800-372-1102
comments on the proposed Provincial Planning Statement,
durham.ca
namely that the province:
Alexander Harras i) make stable and predictable funding available to
M.P.A. Indigenous communities to facilitate their fulsome
Director of participation in the planning process;
Legislative Services
& Regional Clerk ii) require municipalities to develop population and
employment forecasts to a common 25 to 30-year time
horizon based on a standard methodology provided by the
province;
iii) continue to require that settlement area boundary
expansions be permitted only through municipal
comprehensive reviews, informed by a standardized
methodology. Within a regional context, the implications of
infrastructure and servicing on settlement area boundary
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 76
expansions collectively should continue to rest with upper -tier municipalities
as the jurisdiction responsible for the infrastructure and servicing, regardless
of planning approval responsibility;
iv) continue to consult on the implementation framework so that municipalities
within the Greenbelt Plan area can understand how they will be affected by
the proposed policy changes;
v) permit municipalities to designate Strategic Growth Areas (SGAs) in their
official plans and clarify if the Highway-2 BRT in Durham would be captured
as a higher order transit corridor following repeal of the Growth Plan;
vi) continue to support intensification targets and approaches to calculation
within municipal official plans;
vii) continue to consult with upper -tier municipalities that may no longer have
planning approval authority under Bill 23 on how the proposed new PPS can
be implemented through their role as a Housing Service Manager to facilitate
the coordinated delivery of affordable housing;
viii) provide definitions (e.g. affordable and attainable) and establish clear policy
that enables the delivery of affordable housing and include targets, definitions
and policies in the proposed new PPS;
ix) uphold agricultural systems planning and strengthen language in the
proposed new PPS to require municipalities to use an agricultural systems
approach;
x) allow the ability for limited lot creation on rural lands, but only if it is locally
appropriate while discouraging residential lot creation in prime agricultural
areas, aside from those created through surplus farm dwellings;
xi) not permit light industrial, manufacturing and small-scale warehousing within
SGAs as it would undermine the ability for sensitive uses, particularly
residential uses, to locate within SGAs;
xii) include policy language that will strengthen a municipalities' ability to require
mixed use developments in SGAs, and not solely residential developments,
which could undermine the province's objectives related to complete
communities;
xiii) clarify the general intent of the proposed policy that requires municipalities to
"leverage the capacity of development proponents" in planning for
infrastructure and public service facilities as it may be interpreted to mean
that municipalities will be compelled to enter into agreements with
proponents for the provision of infrastructure and public service facilities;
Page 77
xiv) release proposed natural heritage policies and definitions as soon as
possible and in turn allow stakeholders time to comment on the proposed
new PPS holistically;
xv) develop policy approaches to intensification and settlement area boundary
expansions within the context of a changing climate;
xvi) include a policy framework for natural hazards within the final proposed new
PPS to support municipalities in their efforts to ensure public health and
safety, protect property, and avoid the creation of new or aggravate existing
natural hazards;
xvii) retain policy direction for on -site and local reuse of excess soil, and provide
planning authorities with guidance on how to accommodate expected
increases in excess soil generated as residential development accelerates;
and
C) That a copy of Report #2023-P-19 be forwarded to Durham's area municipalities,
conservation authorities, and neighbouring municipalities for information.
Please find enclosed a copy of Report #2023-P-19 for your information.
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/ks
Enclosed
c: N. Cooper, Clerk, Town of Ajax
F. Lamanna, Clerk, Township of Brock
J. Gallagher, Clerk, Municipality of Clarington
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
B. Jamieson, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
C. Darling, Central Lake Ontario Conservation Authority
L. Laliberte, Ganaraska Region Conservation Authority
M. Majchrowski, Kawartha Conservation
R. Baldwin, Lake Simcoe Region Conservation Authority
J. MacKenzie, Toronto and Region Conservation Authority
Page 78
J. Elvidge, Clerk, City of Toronto
C. Raynor, Clerk, York Region
M. Mather, County Clerk, County of Northumberland
C. Ritchie, City Clerk, City of Kawartha Lakes
J. Daly, County Clerk, Simcoe County
K. Stevenson, Clerk, Peterborough County
M. Pettit, City Clerk, City of Markham
G. Angus-Traill, Town Clerk, Town of Whitchurch-Stouffville
J. Espinosa, Town Clerk, Town of Georgina
T. Lajevardi, Municipal Clerk, Town of East Gwillimbury
B. Gilmer, Clerk, Municipality of Port Hope
C. Page, Clerk, Township of Cavan -Monaghan
B. Bridgeman, Commissioner of Planning and Economic Development
Page 79
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Planning and Economic Development Committee
From: Commissioner of Planning and Economic Development
Report: #2023-P-19
Date: June 6, 2023
Subject:
Durham Region's response to provincial consultation on Bill 97 — the Helping
Homeowners, Protecting Tenants Act, 2023, the proposed Provincial Planning Statement,
and related ERO Postings #019-6821, #019-6822, #019-6813.
Recommendation:
That the Planning and Economic Development Committee recommends to Regional
Council:
A) That the letter dated May 5, 2023 (see Attachment #1) from the Commissioner of
Planning and Economic Development to the Minister of Municipal Affairs and Housing
be endorsed as Durham Region's comments on Bill 97;
B) That the following recommendations form the Region's comments on the proposed
Provincial Planning Statement, namely that the province:
i) make stable and predictable funding available to Indigenous communities to
facilitate their fulsome participation in the planning process.
ii) require municipalities to develop population and employment forecasts to a
common 25 to 30-year time horizon based on a standard methodology
provided by the province.
'�
Report #2023-P-19
Paae 2 of 15
iii) continue to require that settlement area boundary expansions be permitted
only through municipal comprehensive reviews, informed by a standardized
methodology. Within a regional context, the implications of infrastructure and
servicing on settlement area boundary expansions collectively should continue
to rest with upper -tier municipalities as the jurisdiction responsible for the
infrastructure and servicing, regardless of planning approval responsibility.
iv) continue to consult on the implementation framework so that municipalities
within the Greenbelt Plan area can understand how they will be affected by the
proposed policy changes.
v) permit municipalities to designate Strategic Growth Areas (SGAs) in their
official plans and clarify if the Highway-2 BRT in Durham would be captured as
a higher order transit corridor following repeal of the Growth Plan.
vi) continue to support intensification targets and approaches to calculation within
municipal official plans.
vii) continue to consult with upper -tier municipalities that may no longer have
planning approval authority under Bill 23 on how the proposed new PPS can
be implemented through their role as a Housing Service Manager to facilitate
the coordinated delivery of affordable housing.
viii) provide definitions (e.g. affordable and attainable) and establish clear policy
that enables the delivery of affordable housing and include targets, definitions
and policies in the proposed new PPS.
ix) uphold agricultural systems planning and strengthen language in the proposed
new PPS to require municipalities to use an agricultural systems approach.
x) allow the ability for limited lot creation on rural lands, but only if it is locally
appropriate while discouraging residential lot creation in prime agricultural
areas, aside from those created through surplus farm dwellings.
A) not permit light industrial, manufacturing and small-scale warehousing within
SGAs as it would undermine the ability for sensitive uses, particularly
residential uses, to locate within SGAs.
xii) include policy language that will strengthen a municipalities' ability to require
mixed use developments in SGAs, and not solely residential developments,
which could undermine the province's objectives related to complete
communities.
Page 81
Report #2023-P-19
Paae 3 of 15
xiii) clarify the general intent of the proposed policy that requires municipalities to
"leverage the capacity of development proponents" in planning for
infrastructure and public service facilities as it may be interpreted to mean that
municipalities will be compelled to enter into agreements with proponents for
the provision of infrastructure and public service facilities;
xiv) release proposed natural heritage policies and definitions as soon as possible
and in turn allow stakeholders time to comment on the proposed new PPS
holistically;
xv) develop policy approaches to intensification and settlement area boundary
expansions within the context of a changing climate;
xvi) include a policy framework for natural hazards within the final proposed new
PPS to support municipalities in their efforts to ensure public health and safety,
protect property, and avoid the creation of new or aggravate existing natural
hazards;
xvii) retain policy direction for on -site and local reuse of excess soil, and provide
planning authorities with guidance on how to accommodate expected
increases in excess soil generated as residential development accelerates;
and
C) That a copy of this report be forwarded to Durham's area municipalities,
conservation authorities, and neighbouring municipalities for information.
Report:
1. Purpose and Background
1.1 On April 6, 2023, the province released Bill 97, the "Helping Homebuyers, Protecting
Tenants Act", as well as a proposed new Provincial Planning Statement (referred to
in this report as the proposed new PPS) to replace the existing Provincial Policy
Statement (referred to in this report as the existing or current PPS). It is proposed
that the existing PPS and the document commonly known as the Growth Plan
(formally titled "A Place to Grow: Growth Plan for the Greater Golden Horseshoe")
will be consolidated. As proposed, the existing Growth Plan would be eliminated.
Together, Bill 97 and the new PPS represent a major shift in the land use planning
regime in Ontario, especially in the Greater Golden Horseshoe.
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Report #2023-P-19
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1.2 The deadline for comments on Bill 97 was May 6, 2023 (a 30-day commenting
period). On May 5, 2023, the Commissioner of Planning and Economic
Development (the Commissioner), on behalf of Durham Region, provided
preliminary comments to the province on Bill 97, stating they had not yet been
endorsed by Regional Council (see Attachment #1). The purpose of this report is
two -fold, the first one being to recommend that Council endorse the comments on
Bill 97 previously provided to the province by the Commissioner.
1.3 The deadline for comments on the new PPS is August 4, 2023, (a 120-day
commenting period The second purpose of this report, therefore, is to recommend
that Council endorse the comments provided herein on the new PPS.
1.4 It is expected that the proposed new PPS will come into force in the fall 2023. While
decisions on planning matters will need to be consistent with the new PPS as of its
effective date, Bill 97 would allow for the Minister to make regulations which could
address different transition rules.
1.5 The release of the proposed new PPS follows a provincially initiated housing -
focused policy review of the current PPS and Growth Plan that occurred in the fall
2022 that sought input on how to integrate the two policy documents
(ERO #019-6177).
1.6 The current PPS first came into effect in 1997. It has been updated several times. It
was updated in 2017 and most recently in 2020. It applies province -wide and
provides that land -use planning in Ontario operates on the basis of a policy -led
system.
1.7 The current Growth Plan first came into effect on June 16, 2006. It was updated in
2017, again in 2019, and once again in 2020.
1.8 The Region's new Official Plan ("Envision Durham") which was adopted by Council
on May 17, 2023, is based on the directions provided under the existing PPS and
Growth Plan as well as other relevant provincial plans and policies. Envision
Durham enables the coordination of high-level service and infrastructure investment,
and guides decision -making on growth management. Envision Durham is intended
to achieve complete communities, prioritize intensification in strategic growth areas,
and support a range and mix of housing options. Land needs have been informed
by the Growth Plan's population and employment forecasts to 2051, and the land
needs analysis was prepared using a standard methodology involving intensification
and density targets, and feasibility criteria.
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Report #2023-P-19
Paae 5 of 15
1.9 Report #2023-INFO-29 dated April 21, 2023 provides a detailed summary of Bill 97
and the changes proposed under the proposed new PPS. In brief, all the directive
policies of the current Growth Plan, (e.g. forecasts, intensification and density
targets) are proposed to be eliminated except for those requiring minimum densities
around major transit station areas (MTSAs).
2. Previous Reports
2.1 An overview of Bill 97 — The Helping Homebuyers, Protecting Tenants Act, 2023
and the Proposed Provincial Planning Statement was provided in Report
#2023-INFO-29 in April 2023.
2.2 Initial preliminary comments from the Chief Administrative Officer on Bill 23 were
presented in Report #2022-INFO-93 in November 2022.
2.3 Implications of Bill 23 on the Region of Durham were presented in Report
#2022-COW-33 in December 2022 with FAQs on the impacts of Bill 23 provided to
residents through www.durham.ca/Bi1123.
2.4 Durham Region's response to the provincial consultation on Proposed Amendments
to the Greenbelt Plan, including the removal of lands from the Greenbelt, were
presented in Report #2022-COW-31 in December 2022.
2.5 Comments from the Region of Durham on the Report of the Provincial Housing
Affordability Task Force were presented in Report #2022-INFO-12 in February
2022.
3. Regional Comments on the Proposed Provincial Planning Statement
3.1 The current PPS and Growth Plan both generally provide policy direction on land
use planning matters including:
a. growth management, intensification, efficient use of land and infrastructure,
housing and economic development;
b. infrastructure planning, including sewage, water, and stormwater;
management services, transportation, transit, energy supply and corridor
protection;
C. protection and management of resources, including prime agricultural areas,
aggregates, natural heritage, water, and cultural heritage; and
d. protection of public health and safety, such as mitigating potential risks due to
natural and human -made hazards.
Report #2023-P-19
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3.2 The proposed new PPS can be described as a re -write of a significant amount of
provincial policy guiding land use planning particularly for lands the Greater Golden
Horseshoe. The intent of the exercise is to combine the existing PPS and the
Growth Plan into a single document while introducing a number of foundational
policy shifts. The proposed new PPS includes a set of policies that would only apply
to 29 municipalities considered to be the largest and fastest growing, with the
greatest need for housing. Within Durham Region, Pickering, Ajax, Whitby, Oshawa
and Clarington are included in the list of large and fast-growing municipalities.
Indigenous Engagement
3.3 The proposed new PPS would require planning authorities to undertake early
engagement with Indigenous communities and coordinate on land use planning
matters to facilitate knowledge -sharing, support consideration of Indigenous
interests in land use decision -making and support the identification of potential
impacts of decisions on the exercise of Aboriginal or treaty rights. The province's
Duty to Consult would benefit from regular engagement. The Region has been
working diligently to foster good working relationships with the Williams Treaty
communities over the past several years. To support ongoing engagement, it is
recommended that the province make stable and predictable funding available
to Indigenous communities to facilitate their fulsome participation in the
planning process.
Growth Management
3.4 The current Growth Plan requires municipalities to plan for population and
employment forecasts to 2051 and includes density and intensification targets. The
proposed repeal of the Growth Plan will remove these forecasts and targets except
for density around Major Transit Station Areas (MTSAs). However, the coordination
of population and employment forecasts, as well as density and intensification
targets to enable service and infrastructure planning is guided by upper tier plans. A
provincial role on a standardized methodology is suggested to assist municipalities
in developing subsequent official plans along with direction on developing forecasts
to a common 25 or 30-year timeframe based on a common methodology provided
by the province. A common forecast period shared between jurisdictions will:
a. enable better infrastructure planning for projects that cross municipal
boundaries;
b. facilitate coordinated and efficient transportation and infrastructure modelling;
and
Page 85
Report #2023-P-19
Paae 7 of 15
C. reduce duplication and delay by not requiring a calibration of forecasts across
municipalities back to a common time horizon to inform infrastructure
planning.
3.5 Although forecasts and targets for MTSAs would not be affected, within Durham
these locations only account for a relatively small share of overall forecasted growth.
Planning for transit -oriented communities in all other Strategic Growth Areas (SGAs)
could be affected, since approval authorities could no longer require development to
be implemented based on densities that optimize the use of transit. It is
recommended that the province require municipalities to develop population
and employment forecasts to a common 25 or 30-year time horizon based on
a standard methodology provided by the province.
3.6 The proposed new PPS removes the requirement that settlement area boundary
expansions only be considered through a municipal comprehensive review, and
there would be no limitation or guidance on when landowners could apply for an
expansion. A standard methodology for the conduct of settlement area boundary
expansions should be maintained to ensure the land use and fiscal impacts from ad
hoc urban boundary expansions are properly understood. Additionally, requirements
for consideration of settlement area boundary expansions have been softened since
the demonstration of land need would no longer have to be undertaken when
applying for an expansion.
3.7 The fundamental shift being proposed regarding settlement area boundary
expansion requests could invite speculation and ad -hoc submissions which could
destabilize the agricultural land base. A clearer evaluation approach would reduce
the likelihood of lengthy appeals to the OLT where methodology could be at issue. If
unneeded expansions are allowed, a further expectation for extending municipal
services to these areas is likely to ensue. This approach creates unnecessary
challenges to long term servicing and infrastructure planning. It is recommended
that the province continue to require that settlement area boundary
expansions be permitted only through municipal comprehensive reviews,
informed by a standardized methodology. Within a regional context, the
implications of infrastructure and servicing on settlement area boundary
expansions collectively, should continue to rest with upper -tier municipalities
as the jurisdiction responsible for the infrastructure and servicing, regardless
of planning approval responsibility.
'�
Report #2023-P-19
Paae 8 of 15
3.8 There are various instances where the Greenbelt Plan defers to the Growth Plan
and the current PPS. For example, the Growth Plan allows settlement area
boundary expansions up to a 5 percent increase in size to a maximum of 10
hectares for urban areas within the Greenbelt Plan area. This 10-hectare cap policy
does not form part of the proposed new PPS and, therefore, appears to enable
further development in the Greenbelt Plan area. Although the implementation
framework provided with the consultation materials on the proposed new PPS
appears to indicate that an amendment is being proposed to the Greenbelt Plan to
have the policies of the Growth Plan and current PPS related to rural settlement
growth (including Urban Areas within the Greenbelt and restrictions on Hamlet
expansion) continue to be applied within the Greenbelt Plan area, these materials
have not yet been provided. It is recommended that the province continue to
consult on the implementation framework so that municipalities within the
Greenbelt Plan area can understand how they will be affected by the proposed
policy changes.
3.9 The Growth Plan introduced the concept of Strategic Growth Areas (SGAs), which
includes MTSAs, which now form part of the proposed new PPS. The Growth Plan
requires the delineation of SGAs and the application of minimum density targets
along identified priority transit corridors. Within Durham, eight MTSAs were
identified along the Lakeshore East GO line, four surrounding existing GO Stations
and four surrounding planned stations. The proposed policies indicate that SGAs
are not a land use designation but are still to be delineated at the discretion of the
municipality. The proposed 2023 PPS would require the delineation of MTSAs along
higher order transit corridors, which includes the Highway-2 Bus Rapid Transit
Corridor (BRT) and Regional Centres along the BRT. It is recommended that the
province permit municipalities to designate SGAs in their official plans and
clarify if the Highway-2 BRT in Durham would be captured as a higher order
transit corridor following repeal of the Growth Plan.
3.10 The 50 percent intensification target under the Growth Plan, requiring municipalities
to plan for this target within a prescribed Built Boundary would be removed under
the proposed new PPS. The removal is likely to contribute to an increase in urban
expansion pressures and could detract from other goals of creating complete
communities or efficient use of planned infrastructure and public service facilities. In
addition, the ability to measure intensification consistently over time based on
consistent benchmarks to inform long term service planning would be removed. It is
recommended that the province continue to support intensification targets
and approaches to calculation within municipal official plans.
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Report #2023-P-19
Housing
Paae 9 of 15
3.11 The requirement that planning authorities establish and implement minimum targets
for affordable to low- and- moderate income households has been removed in the
2023 PPS. It has been replaced with a requirement to co-ordinate land use planning
and planning for housing with Service Managers to address the full range of housing
options including housing affordability needs. Although this may align with the 2016
Service Manager Housing and Homelessness Plans Policy Statement, which
provides policy direction to reflect a coordinated approach within Ontario's land use
planning framework, it is unclear how this is to be achieved from a practical
perspective, given pending changes under Bill 23 to remove upper -tier planning
approval authority, and the absence of clear direction on affordable housing within
the proposed new PPS.
3.12 As a Housing Services Manager, the Region's familiarity with local conditions make
it well-equipped to inform the development of municipal housing policies and action
plans. However, the ability to require the inclusion of any policies pertaining to
housing affordability through an upper -tier official plan would be lost. It is
recommended that the province continue to consult with upper -tier
municipalities that may no longer have planning approval authority under Bill
23 on how the proposed 2023 PPS can be implemented through their role as a
Service Manager to facilitate the coordinated delivery of affordable housing.
3.13 The term "low- and- moderate income households"' is proposed to be removed
within the 2023 PPS and a definition for affordable housing has not been carried
over from the existing Growth Plan or PPS. Although it is a provincial objective to
increase housing supply, ostensibly to improve housing affordability, the absence of
any definition or clarity on how affordable housing is identified or defined will make it
difficult for municipalities to achieve meaningful or commonly understood affordable
housing goals. Further, with housing affordability being an issue of ever-growing
concern, it is suggested that the province also provide affordable housing targets
within the proposed new PPS in consultation with municipalities. It is
recommended that the province provide definitions (e.g. affordable and
attainable) and establish clear policy that enables the delivery of affordable
housing and include definitions, policies and targets in the proposed new
PPS.
1 low- and- moderate income households, as defined within the current PPS, means:
a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income
distribution for the regional market area; or
b) in the case of rental housing, households with incomes in the lowest 60 percent of the income
distribution for renter households for the regional market area.
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Report #2023-P-19
Agriculture and Rural Lands
Paae 10 of 15
3.14 The agri-food industry is a key economic driver in the Region. With over 12,000
hectares of Durham in production, agriculture is one of the largest primary goods
producing sectors within the region. Rural lot creation is a complex matter where the
economic needs of the agricultural community are balanced with the preservation of
agricultural land to ensure the viability of the Rural System. In southern Ontario
where prime agricultural soils predominate, it is necessary to take steps to protect
the agricultural land base by minimizing fragmentation and minimize the introduction
of uses that are incompatible with efficient farming practices.
3.15 The Growth Plan identifies a Provincial Agricultural System that municipalities are
required to implement. The proposed new PPS does not include this requirement,
and instead "encourages" municipalities to use an agricultural systems approach.
The Region has implemented the Provincial Agricultural System through its recently
adopted ROP by completing a combination desktop exercise and on -the -ground
assessment of the region's rural area. This process validated many provincial
determinations of additional prime agricultural areas and supported the retention of
Major Open Space Areas to provide flexibility for some non -farming uses (Report
#2022-P-16).
3.16 The proposed departure from Provincial Agricultural System mapping will result in
less protection for prime agricultural areas and would make mapping in municipal
official plans and protection of agricultural land in the long term more difficult. It is
recommended that the province uphold agricultural systems planning
strengthen language in the proposed new PPS to require municipalities to use
an agricultural systems approach.
3.17 The proposed 2023 PPS would introduce a new policy framework allowing
residential lot creation on rural lands and prime agricultural areas, including multi -lot
residential development on rural lands and up to three new lots within prime
agricultural areas. The ability to support the long-term stability and viability of
agricultural lands would be eroded, due to increased conflict between sensitive uses
and normal farm operations. The maintenance of rural character would also be at
risk under this policy framework. It is recommended that the proposed new PPS
should allow the ability for limited lot creation on rural lands, but only if it is
locally appropriate while discouraging residential lot creation in prime
agricultural areas, aside from those created through surplus farm dwellings.
Report #2023-P-19
Employment Areas
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3.18 The proposed new PPS would permit the introduction of light industrial,
manufacturing, and small-scale warehousing in SGAs, subject to them not having
adverse effects near sensitive land uses. It does not address the impacts of having
potentially higher volumes of truck traffic to/from and within SGAs. Allowing these
employment uses within SGAs increases the potential for more conflicts between
goods movement -focused traffic and transit. Introducing these uses outside of
employment areas works against the benefits of transit investments and
intensification in SGAs. It is recommended that the province not permit light
industrial, manufacturing and small-scale warehousing within SGAs as it
would undermine the ability for sensitive uses, particularly residential uses, to
locate within SGAs.
3.19 It is recognized that the province views the introduction of housing into employment
areas that do not need to be set aside for heavier industrial uses as a mechanism to
increase housing supply and create mixed use, complete communities. However, it
is recommended that the province include policy language that will
strengthen a municipalities' ability to require mixed use developments in
these areas, and not solely residential developments, which could undermine
the province's objectives related to complete communities.
Infrastructure and Public Service Facilities
3.20 The proposed new PPS retains policy direction that requires that planning for
infrastructure and public service facilities to be coordinated and integrated with land
use planning and growth management. The retention of these policies are key to the
delivery of growth -related infrastructure. Additional direction has been introduced
that requires leveraging the capacity of development proponents when planning for
infrastructure and public service facilities. It is unclear what the term "leverage the
capacity of development proponents" means. The Region ensures a sustainable
network of transportation, water and wastewater infrastructure, and public service
facilities such as paramedic and police stations. These are provided in the
appropriate locations and in an efficient and cost-effective manner to achieve
Council's goal through the ROP of supporting orderly, sequential and phased
development in Durham. There is inherent risk to introducing proponent -led projects
to this process. It is recommended that the province clarify the general intent of
this proposed policy as it may be interpreted to mean that municipalities will
be compelled to enter into agreements with proponents for the provision of
infrastructure and public service facilities.
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Report #2023-P-19
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Natural Heritage, Climate Change and Natural and Human -Made Hazards
3.21 According to the posted materials, natural heritage policies have not been included
within the proposed new PPS as they are still under consideration by the province.
Further, once proposed policies and definitions are ready for review and input, they
will be made available through a separate posting on the ERO. It is concerning that
natural heritage policies have been left out of the proposed new PPS because they
are fundamentally linked to all other policy areas. Without them, the full impact of
the proposed policy changes is unknown. It is recommended that the province
release proposed natural heritage policies and definitions as soon as possible
and in turn allow stakeholders time to comment on the proposed new PPS
holistically.
3.22 Policies requiring municipalities to plan for climate change remain in the proposed
2023 PPS. However, language has been softened from "planning authorities shall"
to "planning authorities shall plan to" address the impacts of a changing climate.
Additionally, the proposed 2023 PPS is less prescriptive in how planning authorities
can implement this direction. Reducing the importance of intensification to achieve
complete communities, being more permissive related to settlement area boundary
expansions, and providing less climate change specific direction for planning
authorities, does not support the goals of achieving greenhouse gas emission
reductions and preparing for the impacts of a changing climate.
3.23 In January 2020 Durham Regional Council declared a climate emergency that
recognizes environmental sustainability and climate change as strategic priorities in
Durham Region's Strategic Plan and as a factor in the decisions of Regional
Council. The Region is implementing programs to build more resilient infrastructure,
communities and natural systems and reduce greenhouse gas emissions. The
Region's brand new Official Plan adopted May 17, 2023 includes policies to support
these goals, but without directive policies within the proposed new PPS, they may
be challenging to defend. It is recommended that the province develop policy
approaches to intensification and settlement area boundary expansions
within the context of a changing climate.
3.24 Proposed policies within the 2023 PPS related to natural hazards are consistent
with those in the current PPS. The Region is supportive of this approach and will
continue to work closely with our partner conservation authorities to direct
development away from natural hazard lands. It is recommended that the
province include a policy framework for natural hazards within the final 2023
PPS to support municipalities in ensuring public health and safety, protecting
property, and avoiding the creation of new or aggravation of existing natural
hazards.
Page 91
Report #2023-P-19
Paae 13 of 15
3.25 The current PPS requires planning authorities to support, where feasible, on -site
and local reuse of excess soil through planning and development approvals, while
protecting human health and the environment. This policy direction has not been
carried over into the proposed new PPS. It is recommended that the province
retain policy direction for on -site and local reuse of excess soil and provide
planning authorities with guidance on how to accommodate expected
increases in excess soil generated as residential development accelerates.
4. Regional Comments on Bill 97 — the Helping Homebuyers, Protecting Tenants
Act, 2023
4.1 Comments from the Commissioner of Planning and Economic Development dated
May 5, 2023, are provided within Attachment 1 to this report. It is recommended
that these comments be endorsed as the Region's comments on Bill 97.
5. Other Comments
5.1 Bill 23 made changes to the Planning Act that, upon proclamation, would remove
statutory approval authority under the Planning Act for the Region of Durham, along
with six other upper -tier municipalities. The proposed approach to implementing the
proposed new PPS indicates that this change will not take effect until "winter 2024
at the earliest". The lack of certainty associated with this timeline is a challenge. It is
recommended that the province provide more definitive information about
how and when legislation changes not yet proclaimed under Bill 23 are to be
expected.
5.2 The Region has submitted the new ROP that was adopted by Council on May 17,
2023, to the Minister of Municipal Affairs and Housing for approval. It is
recommended that the Minister approve the Region's new ROP prior to
bringing the proposed new PPS into effect, or alternatively, include specific
mention within any transition provision regulations that the current PPS and
Growth Plan continue to apply to Durham's new ROP until such time that area
municipal official plans are adopted.
6. Relationship to Strategic Plan
6.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Objective 1.3, protect, preserve and restore the natural environment, including
greenspaces, waterways, parks, trails and farmland;
b. Objective 1.4, demonstrate leadership in sustainability and addressing climate
change;
Page 92
Report #2023-P-19 Page 14 of 15
C. Objective 2.1, revitalize existing neighbourhoods and build complete
communities that are walkable, well-connected, and have a mix of attainable
housing;
d. Objective 3.5, provide a supportive environment for agriculture and agri-food
industries; and
e. Objective 4.1, revitalize community housing and improve housing choice,
affordability and sustainability.
7. Conclusion
7.1 The province has released a suite of legislative and policy proposals through Bill 97
and the proposed new PPS that reflect a fundamental change to the Ontario
planning framework. The underlying intent to get more homes built is understood,
but questions remain as to whether these changes will result in better planning
outcomes or make housing more affordable.
7.2 While efforts to streamline the current PPS and the Growth Plan, introduced through
these proposals, are appreciated, staff have concerns surrounding how
fundamentally growth planning, in particular is proposed to change. Key concerns
include:
a. removal of population and employment forecasts;
b. relaxed requirements for settlement area boundary expansions;
C. increased permissions for rural residential development;
d. changing policy framework for employment areas; and
e. absence of natural heritage policies and definitions.
7.3 It is recommended that this report and its recommendations be endorsed and
submitted to the Ministry of Municipal Affairs and Housing as Durham Region's
formal response to the proposals.
7.4 Regional staff will keep Committee and Council appraised when Bill 97 receives
Royal Assent and the 2023 PPS is finalized, and what changes are made.
7.5 This report has been prepared in consultation with the Regional Works Department,
Corporate Services — Legal Services, Social Services — Housing Services, Durham
Region Transit, and the CAO's Office.
Page 93
Report #2023-P-19
8. Attachments
Paae 15 of 15
Attachment #1: Letter to the Ministry of Municipal Affairs and Housing — Durham
Region Staff Comments on Environmental Registry of Ontario
Postings #019-6821 and #019-6822, Proposed Bill 97 — the
Helping Homebuyers, Protecting Tenants Act, 2023.
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page 94
DURHAM
REGION
The Regional Municipality
of Durham
Planning and Economic
Development Department
Planning Division
605 Rossland Road East
Level 4
PO Box 623
Whitby, ON L1 N 6A3
Canada
905-668-7711
1-800-372-1102
Fax: 905-666-6208
Email: plan ning@durham.ca
durham.ca
Brian Bridgeman, MCIP,
RPP, PILE
Commissioner of Planning and
Economic Development
Attachment 1
Sent Via Email
May 5, 2023
The Honourable Steve Clark
Ministry of Municipal Affairs and Housing
777 Bay Street, 17th Floor
Toronto, Ontario
M7A 2J3
Dear Minister Clark:
RE: Region of Durham Staff Response to Environmental
Registry of Ontario Postings #019-6821 and #019-6822
related to proposed Bill 97 — the Helping Homebuyers,
Protecting Tenants Act, 2023
On April 6, 2023, the Helping Homebuyers, Protecting Tenants Act,
2023 (Bill 97) was released for comment on the Environmental
Registry of Ontario (Postings #019-6821 and #019-6822). At the
date of sending this letter, the Bill reached Second Reading (April
20, 2023). Bill 97 would make changes to the following pieces of
legislation:
• Building Code Act, 1992
• City of Toronto Act, 2006
• Development Charges Act, 1997
• Ministry of Municipal Affairs and Housing Act
• Municipal Act
• Planning Act
• Residential Tenancies Act, 2006
The key changes proposed by this legislation include:
• various amendments to support the implementation of the More
Homes Built Faster Act, 2022 (Bill 23);
If this information is required in an accessible format, please contact Planning Reception at 1-800-372-
1102, ext. 2548. Page 95
Page 2of5
• new fee refund provisions;
• new regulation -making authority for site plan control for 10 or less
residential units;
• changes to rules surrounding appeals of interim control bylaws;
• new authority for Minister's Zoning Orders (MZOs);
• ministerial authority to require development agreements;
• changes to support the review of provincial policies and regulation -
making authority for a new provincial policy document; and
• changes to employment area protections.
The comment period for this legislation closes prior to our next Council
meeting. Please accept the following staff comments, which will be
presented to the Regional Planning and Economic Development
Committee at its June 6, 2023 meeting.
1) Bill 97 proposes changes pertaining to the conversions of
residential rental properties and site plan control. These changes
are applicable to the City of Toronto and local municipalities only.
Regional staff have no comment.
2) Bill 97 proposes that the Minister of Municipal Affairs and
Housing be provided the authority to exempt lands that are the
subject of MZOs from complying with provincial policies and
official plans, when other planning approvals are applied for, such
as plans of subdivision. It is our understanding that this would
give the Minister the ability to address circumstances where an
MZO permits residential uses in an area where the official plan
does not.
The Region previously provided recommendations to the
province that, if implemented, would provide greater clarity as to
how and when the MZO tool would be used (Report #2020-P-30).
With the increasing frequency of MZO requests, the Bill 97
proposal introduces further uncertainty related to ensuring future
land use decisions made by way of an MZO represent good
planning and in the public interest. It is recommended that the
province not proceed with proposed expansions to Ministerial
authority for MZOs and clarify what safeguards are in place to
ensure that the aforementioned principles continue to be
protected.
Page 96
Page 3of5
3) Bill 23 introduced exclusions to site plan control for developments
consisting of less than 10 residential units. It is proposed through
Bill 97 that site plan control may still be applied where these
developments are proposed within 120 metres of a shoreline or
300 metres of a railway line. These measures will allow the
approval authorities to include measures within a site plan
agreement pertaining to noise and vibration from rail facilities, or
flood risks in proximity to shorelines.
Although Regional staff are supportive of expanding the
conditions under which site plan control may be applied, there
are other factors that should be included. For example, in the
case of small developments less than 10 units along existing
arterial roads, a right-of-way widening may be required in favour
of the municipality having jurisdiction (and in the case of higher
order arterials, the upper -tier municipality, or where a
development fronts a provincial highway, the Ministry of
Transportation). Developments along arterial roads may also be
susceptible to road noise, and requirements for mitigation of
noise to achieve Ministry of Environment noise criteria are
normally implemented through site plan agreements. It is
recommended that the province either expand the criteria as
noted above or continue to leave the application of site plan
control to the discretion of the area municipalities. Other
opportunities, including green infrastructure or low impact
development approaches may also be provided in consultation
with municipalities.
4) In April 2022, under Bill 109 — the More Homes for Everyone Act,
2022 a requirement was introduced that, as of January 1, 2023,
municipalities were required to refund application fees if they
failed to meet statutory deadlines for decisions on zoning bylaw
amendments or site plan applications. The Region previously
recommended that the province not proceed with the requirement
to refund planning application fees (Report #2022-P-9). Bill 97
proposes to delay the commencement of these refund provisions
to July 1, 2023.
Although Regional staff generally support a six-month extension
to these provisions, staff recommend that the province reconsider
this requirement entirely. The notion of the refund imposed
through Bill 109 can lead to other unintended consequences,
including adding to a backlog of cases at the Ontario Land
Page 97
Page 4 of 5
Tribunal (OLT), extending timelines through litigation, forcing
decisions on applications without the benefit of considering the
best information, adversely affecting the ability to negotiate better
outcomes, and potentially undermining good working
relationships between applicants and stakeholders.
5) Bill 97 would narrow the scope of "areas of employment" under
the Planning Act to mean lands designated in an official plan for
clusters of business and economic uses including (but not limited
to) manufacturing uses, warehousing uses, but excluding
institutional uses and commercial uses (which includes retail and
office uses not associated with primary industrial uses). Although
the Bill would allow lands within areas of employment that are
used for other purposes to continue, there are instances where
larger scale institutional uses are appropriate within Employment
Areas. For example, college campuses (e.g., Durham College -
Whitby Campus) and hospitals are land extensive and high
employment generators. Other types of land extensive land uses
may also be appropriate.
Regional staff are not supportive of this approach. It is
recommended that the province continue to consult with the
affected municipalities to arrive at a policy suite for areas of
employment that better reflects the range of uses attributed to
these areas. Further, it is recommended that transition provision
regulations indicate that privately initiated employment area
conversions not be permitted until such time as municipalities, in
consultation with the province, are able to identify and assess
how these core employment areas are to be protected.
6) Bill 97 proposes to make changes to section 38 of the Planning
Act pertaining to ability to appeal the passing of an interim control
by-law enacted by a local municipality. The Region was
previously not able to appeal such a by-law due to the prior
enactment of Bill 139, resulting in the delay of a needed
supportive housing project. Although Bill 23 would, upon
proclamation of Planning Act related provisions, restrict the ability
of Durham to appeal such a decision, the removal of the appeal
restrictions in Bill 23 for upper -tier municipalities together with the
changes proposed through Bill 97 could help remove barriers to
the delivery of Regional housing projects or facilities.
Page 5 of 5
7) Amendments to the Municipal Act grant the Minister authority to
make regulations governing certain powers of a local
municipality, including regulations that would impose restrictions,
limits and conditions on the power of a local municipality to
prohibit and regulate the demolition and conversion of residential
rental properties. The province should limit the scope of this
authority to developments where there is a net benefit to the
community including impacts to housing affordability and
additional needs housing.
Thank you for the opportunity to provide input into Bill 97. Following the
June 28, 2023 Regional Council meeting, staff will advise of any changes
to the above noted comments.
Staff comments on the related proposed Provincial Planning Statement
will be provided prior to the June 5, 2023 commenting deadline.
Sincerely,
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and Economic Development
Page 99
June 28, 2023
Mr. Ron Lalonde, Chair
Durham Active Transportation Committee
c/o Region of Durham Planning Division
605 Rossland Road East, Level 4
Whitby, ON L1 N 6A3
Dear Mr. Lalonde:
RE: Durham Active Transportation Committee (DATC) 2023
Workplan (2023-P-18), Our File: C00
The Regional
Municipality of
Council of the Region of Durham, at its meeting held on June 28,
Durham
2023, adopted the following recommendations of the Planning &
Corporate Services
Economic Development Committee:
Department —
Legislative Services
"A) That the Durham Active Transportation Committee's 2023
Division
Workplan be approved, as outlined in Attachment #1 to Report
#2023-P-18 of the Commissioner of Planning and Economic
605 Rossland Rd. E.
Development; and
Level 1
PO Box 623
B) That a copy of Report #2023-P-18 be forwarded to the
Whitby, ON L1 N 6A3
Durham Active Transportation Advisory Committee,
Canada
Conservation Authorities, and Durham's area municipalities."
905-668-7711
1-800-372-1102
Please find enclosed a copy of Report #2023-P-18 for your
information.
durham.ca
Alexander Harras A 14 C;E rr k
M.P.A.
Director of Alexander Harras,
Legislative Services Director of Legislative Services & Regional Clerk
& Regional Clerk
AH/ks
c: Please see attached list
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page100
c: C. Darling, Central Lake Ontario Conservation Authority
L. Laliberte, Ganaraska Region Conservation Authority
M. Majchrowski, Kawartha Conservation
R. Baldwin, Lake Simcoe Region Conservation Authority
J. MacKenzie, Toronto and Region Conservation Authority
N. Cooper, Clerk, Town of Ajax
F. Lamanna, Clerk, Township of Brock
J. Gallagher, Clerk, Municipality of Clarington
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
B. Jamieson, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
B. Bridgeman, Commissioner of Planning and Economic Development
Page 101
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Planning and Economic Development Committee
From: Commissioner of Planning and Economic Development
Report: #2023-P-18
Date: June 6, 2023
Subject:
Durham Active Transportation Committee (DATC) 2023 Workplan
Recommendation:
That the Planning and Economic Development Committee recommends to Regional
Council:
A) That the Durham Active Transportation Committee 2023 Workplan be approved, as
outlined in Attachment 1 to Commissioner's Report #2023-P-18;
B) That a copy of Commissioner's Report #2023-P-18 be forwarded to the Durham
Active Transportation Advisory Committee, Conservation Authorities, and Durham's
Area Municipalities.
Report:
1. Purpose
1.1 The Terms of Reference of the Durham Active Transportation Committee (DATC)
specifies that an annual Workplan that guides DATC's activities for the coming year
is to be submitted for consideration and approval by the Planning and Economic
Development Committee.
1.2 The DATC held its inaugural meeting on April 13t", 2023 to commence its 2023-
2026 term, wherein the newly appointed eight area municipal representatives and
Council representative endorsed the 2023 DATC Workplan. The purpose of this
report is to present the 2023 DATC Workplan.
Page102
Report #2023-P-18
2. Previous Reports and Decisions
Paae 2 of 3
2.1 In March 2023, Council considered DATC's membership appointments for the 2023-
2026 term (Report #2023-P5).
2.2 In January 2023, PEDC received the 2022 Annual Report for the DATC (Report
#2023-P3).
3. 2023 Workplan
3.1 The 2023 Workplan (Attachment #1) consists of activities which are a priority and
achievable within the calendar year. These activities are grouped into four
categories:
a. Sustainability - Recognizing and advancing Active Transportation (AT) as
activities that reduce greenhouse gas emissions.
b. Cycling Safety and Education - Encouraging public awareness and
education on the identification and implementation of programs such as Vision
Zero and Active and Sustainable School Travel; and supporting work to help
achieve Bronze -level Bike -Friendly status for the Region of Durham and any
area municipalities not yet designated in Durham, and advancing wayfinding
and signage initiatives.
C. Infrastructure - Supporting the implementation of multi -modal transportation
options with a focus on advancing the Region's AT network as outlined in the
Durham Transportation Master Plan and the Regional Cycling Plan; and
d. Communication and Advocacy - Collaborating with partners on AT initiatives
occurring at all government levels, including the Lake Ontario Waterfront
Blueway, Waterfront Regeneration Trust, Conservation Authorities, and the
Health and the Social Services Department to raise Durham's AT profile, and
promote a healthy lifestyle.
4. Relationship to the Strategic Plan
4.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 1: Environmental Sustainability's objectives:
#1.4 Demonstrating leadership in sustainability and addressing climate
change.
#1.5 Expanding sustainable and active transportation.
Page103
Report #2023-P-18
b. Goal 2: Community Vitality's objectives:
Paae 3 of 3
#2.1 revitalizing existing neighourhoods and build complete communities that
are walkable, well-connected and have a mix of attainable housing
5. Conclusion
5.1 The DATC will actively support Regional active transportation initiatives and provide
advice to the Region of Durham throughout 2023. The members look forward to
helping the Region expand and improve AT for all residents and visitors to Durham.
5.2 It is recommended that:
a. The 2023 DATC Workplan be approved (Attachment #1); and
b. A copy of this report be forwarded to the Durham Active Transportation
Advisory Committee, Conservation Authorities, and Durham's Area
Municipalities.
6. Attachment
Attachment #1: 2023 DATC Workplan
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page104
Attachment #1
Durham Active Transportation Committee (DATC)
2023 Workplan
Scope of Activities
The following areas of Active Transportation (AT) will act as a guideline for the DATC
Committee's work throughout the year. Many of the initiatives are ongoing, but those
that can be substantially achieved in 2023 have been identified:
Sustainability
Recognize and advance AT activities related to reducing greenhouse gas
emissions in the Region of Durham. (ongoing)
Active Transportation Safety and Education
2. Provide advice on the identification and implementation of programs, which
encourage public awareness and education on AT matters, including the
achievement of bronze -level Bike -Friendly status for the Region of Durham
and any area municipalities not yet designated in Durham, in collaboration
with the Works Department and other stakeholders. (ongoing)
3. Provide input and support for Active & Sustainable School Travel (ASST),
also known as Active & Routes to Schools, in some jurisdictions. (ongoing)
4. Promote the use of AT in the Region, especially the important role that it
plays in connecting people to transit. (ongoing)
5. Recognize the differing AT needs of commuters and recreational users within
the urban and rural areas. (ongoing)
Infrastructure & Policy
6. Continue to advance the Regional Trail Network (RTN) as a key
transportation and tourism component of the AT network based on various
requests and initiatives in partnership with Planning and Economic
Development, Health and Works Department staff and area municipal
partners. (ongoing)
7. Support the implementation of multi -modal transportation options in the
Region of Durham with a focus on advancing the Region's AT network as
outlined in the 2017 Durham Transportation Master Plan and the Regional
Cycling Plan 2021. (ongoing)
Page105
8. Assist in providing support to the Regional and Area Municipal Active
Transportation Plans and support the development of the Region's Durham
Meadoway Plan. (ongoing)
Communications and Advocacy
9. Coordinate efforts to advance the shared goals of the various area municipal
AT committees. (ongoing)
10. Collaborate with partners on AT initiatives occurring at all government levels,
including: Lake Ontario Waterfront Blueway, Waterfront Regeneration Trust,
Smart Mobility Durham, the Active and Sustainable School Travel program,
the Durham Meadoway, the Greenbelt Route and Public Health. (ongoing)
11. Provide advice to Regional Council on legislative matters, programming, and
policies from all levels of government related to AT. (ongoing)
12. Identify and advance initiatives to improve communication and collaboration
between the Region and the eight area municipalities' Active Transportation
Committees. (ongoing)
13. Provide advice on AT matters related to Vision Zero initiatives and mid -block
crossings to improve safety on Regional infrastructure. (ongoing)
2023 Meeting Dates
• April 13, 2023
• June 8, 2023
• October 12, 2023
• December 14, 2023
F,
Page106
June 28, 2023
Mr. Zac Cohoon, Chair
Durham Agricultural Advisory Committee
c/o Region of Durham Planning Division
605 Rossland Road East, Level 4
Whitby, ON L1 N 6A3
Dear Mr. Cohoon:
RE: Durham Agricultural Advisory Committee Terms of
Reference and 2023 Workplan (2023-P-16), Our File: C00
The Regional
Municipality of
Council of the Region of Durham, at its meeting held on June 28,
Durham
2023, adopted the following recommendations of the Planning &
Corporate Services
Economic Development Committee.
Department —
Legislative Services
"A) That the Durham Agricultural Advisory Committee's 2023 Terms
Division
of Reference be approved, as outlined in Attachment #1 to
Report #2023-P-16 of the Commissioner of Planning and
605 Rossland Rd. E.
Economic Development;
Level 1
PO Box 623
B) That the Durham Agricultural Advisory Committee's 2023
Whitby, ON L1 N 6A3
Workplan be approved, as outlined in Attachment #2 to Report
Canada
#2023-P-16; and
0AF=1161.Ows
1-800-372-1102 C) That a copy of Report #2023-P-16 be forwarded to the Durham
Agricultural Advisory Committee, the Durham Federation of
durham.ca Agriculture, the Golden Horseshoe Food and Farming Alliance
Alexander Harras and the area municipalities."
M.P.A. Please find enclosed a copy of Report #2023-P-16 for your
Director of
Legislative Services information.
& Regional Clerk
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/ks
c: Please see attached list
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page107
c:
K
J.
N
F.
J.
M
S
B
D
C
B
Yellowlees, Secretary -Treasurer, Durham Federation of Agriculture
Horner, Executive Director, Golden Horseshoe Food and Farming Alliance
Cooper, Clerk, Town of Ajax
Lamanna, Clerk, Township of Brock
Gallagher, Clerk, Municipality of Clarington
Medeiros, Clerk, City of Oshawa
Cassel, Clerk, City of Pickering
Jamieson, Clerk, Township of Scugog
Leroux, Clerk, Township of Uxbridge
Harris, Clerk, Town of Whitby
Bridgeman, Commissioner of Planning and
Economic Development
Page108
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Planning and Economic Development Committee
From: Commissioner of Planning and Economic Development
Report: #2023-P-16
Date: June 6, 2023
Subject:
Durham Agricultural Advisory Committee Terms of Reference and 2023 Workplan,
File:C07-02
Recommendations:
That the Planning and Economic Development Committee recommends to Regional
Council:
A) That the Durham Agricultural Advisory Committee's 2023 Terms of Reference be
approved, as outlined in Attachment 1, to Commissioner's Report #2023-P-16;
B) That the Durham Agricultural Advisory Committee's 2023 Workplan be approved, as
outlined in Attachment 2, to Commissioner's Report #2023-P-16;
C) That a copy of Commissioner's Report #2023-P-16 be forwarded to the Durham
Agricultural Advisory Committee, the Durham Federation of Agriculture, the Golden
Horseshoe Food and Farming Alliance and the Area Municipalities.
Report:
1. Purpose
1.1 The Durham Agricultural Advisory Committee (DAAC) is required to prepare a
proposed Workplan for the coming year and when necessary, recommend revisions
to the Terms of Reference (ToR), for consideration and approval of the Planning
and Economic Development Committee and Council.
Page109
Report #2023-P-16
Paae 2 of 4
1.2 The purpose of this report is to present the proposed DAAC ToR and 2023
Workplan.
2. Previous Reports and Decisions
2.1 In April 2023, Council considered DAAC's membership appointments for the 2023-
2026 term through report #2023-P-11.
2.2 In January 2023, Council considered DAAC's 2022 Annual Report through report
#2023-P-3.
2.3 In January 2022, Council considered DAAC's 2021 Annual Report and 2022
Workplan through Commissioner's Report #2022-P-3.
3. Terms of Reference
3.1 DAAC is guided by Council approved ToR. The ToR outlines the goal, mandate and
scope of activities for the Committee (Attachment 1).
3.2 DAAC has proposed to add one member to the Committee that would represent the
Durham Farm Fresh Marketing Association. The Durham Farm Fresh Marketing
Association is a not -for -profit membership -based organization established in 1993.
Durham Farm Fresh is involved in local food marketing, local agricultural fairs, local
food events, signage, and education and training. Following approval of the
proposed membership structure by Regional Council, staff will reach out to Durham
Farm Fresh to request they nominate an individual to represent their Association on
DAAC. The nomination will be brought forward to Planning and Economic
Development Committee and Council for approval in the fall.
3.3 DAAC already includes a member that is appointed to represent the Durham Region
Federation of Agriculture (DRFA). DRFA is one of 51 county and regional
federations supported by the Ontario Federation of Agriculture across the province.
DRFA represents the voice of agriculture in the local community and advocates on
behalf of farm families in Durham on local agricultural issues.
4. 2023 Workplan
4.1 The proposed 2023 DAAC Workplan (Attachment 2), represents activities which are
a priority, and achievable within the calendar year. The activities are divided into
four categories:
Page110
Report #2023-P-16
Paae 3 of 4
a. Policy Development and Implementation — Activities involve providing
advice on the formulation and implementation of land use planning policies to
the Planning and Economic Development Department and Planning and
Economic Development Committee;
b. Communication/Outreach/Educate — Activities that support community
knowledge and awareness such as farm tours or workshops (including the
2023 Farm Tour);
C. Economic Development and Tourism — Activities to encourage economic
development research and implementation strategies to assist Durham's
agricultural sector; and
d. Issues of Interest — Activities related to the monitoring of issues that DAAC
deems significant and may require further consideration.
5. Relationship to the Strategic Plan
5.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Under Goal 3; Economic Prosperity, Objective 3.5, Provide a supportive
environment for agriculture and agri-food industries.
6. Conclusion
6.1 It is recommended that:
a. The proposed 2023 DAAC Terms of Reference be approved (Attachment 1)
with the addition of a new Committee member to represent the Durham Farm
Fresh Marketing Association;
b. The proposed 2023 DAAC Workplan be approved (Attachment 2); and
C. A copy of this report be forwarded to the Durham Agricultural Advisory
Committee, the Durham Federation of Agriculture, the Golden Horseshoe
Food and Farming Alliance and the Area Municipalities.
7. Attachments
Attachment #1: Proposed 2023 DAAC Terms of Reference
Attachment #2: Proposed 2023 DAAC Workplan
Page111
Report #2023-P-16
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Paae 4 of 4
Page112
Attachment #1
Durham Agricultural Advisory Committee
wj Terms of Reference
Mav 2023
Goal
1.1 To provide advice to the Region of Durham on agricultural matters and rural
matters as they relate to agriculture.
2. Mandate
2.1 The Durham Agricultural Advisory Committee (DAAC) is a volunteer Advisory
Committee established by Regional Council in accordance with these Terms of
Reference. Committee members are guided by these Terms of Reference.
2.2 The Terms of Reference provide for a balance between activities referred from
the Planning and Economic Development Department or the Regional Planning
and Economic Development Committee or Regional Council and an allowance for
the DAAC to be proactive and advise on matters identified on its own initiative.
2.3 Matters may be referred to the DAAC from the Regional Planning and Economic
Development Department, the Regional Planning and Economic Development
Committee, or Regional Council. The DAAC may report directly to the Regional
Planning and Economic Development Committee on substantive matters as
determined by the Planning and Economic Development Committee. Otherwise,
the DAAC shall report through the Regional Planning and Economic Development
Department.
3. Scope of Activities
3.1 The scope of the DAAC may include activities such as:
a) Providing advice on issues and concerns of the agricultural community;
b) Providing advice on the implementation of Provincial and Federal legislation,
policies, and guidelines related to the agricultural industry;
c) Providing advice on agricultural and rural policy directions pursued by the
Region. This may include providing advice on Regionally -initiated official plan
amendments related to agricultural matters; on Regional agricultural matters
through an official plan review; or, other policy directions pursued by the
Region;
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Durham Agricultural Advisory Committee
Terms of Reference - Page 2
d) Providing advice on the identification and implementation of programs which
encourage public awareness and education of agricultural and related rural
issues; and
e) Providing advice on matters as they arise, at the request of the Region.
4. Composition
4.1 The DAAC will be comprised of seventeen members in total, as follows:
Fourteen (14) members will be private individuals who do not represent their
respective employers or advocacy groups in their capacity as a DAAC
member. Of these fourteen members, eleven will be bona fide farmers who
are directly involved in the agricultural industry'; and three will be residents
who are not directly involved in the agricultural industry.
One (1) member representing the Durham Region Federation of Agriculture
who is a bona fide farmer directly involved in the agricultural industry.
One (1) member of the Planning and Economic Development Committee
whose role is to act as liaison.
One (1) member representing the Durham Farm Fresh Marketing Association.
4.2 Membership shall correspond with the term of Regional Council. However,
members shall continue to serve until their replacements are appointed by
Regional Council. If a member chooses to resign, the Region will seek a
replacement in accordance with Section 5.
4.3 At the discretion of the DAAC, non-attendance of three consecutive meetings will
be sufficient grounds for replacement.
5. Membership Selection
5.1 For regular members, Durham Region will place an advertisement seeking
individuals interested in volunteering for appointment to the DAAC. Interested
individuals will be required to submit an application form to the Regional Clerk
outlining their interest and qualifications.
Note: Where an interested bona fide farmer cannot be found to represent an area municipality, as an
exception, a non -farm rural resident may be substituted.
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Durham Agricultural Advisory Committee
Terms of Reference - Page 3
5.2 The Regional Planning and Economic Development Department will review the
applications received. Applications from qualified applicants will be forwarded to
the respective area municipality with a request that the local Council nominate
one representative from the applicants who are bona fide farmers directly
involved in the agricultural industry. The Regional Planning and Economic
Development Department, from the remaining applications received, will
nominate three additional members at large who are bona fide farmers; and three
members at large who are not directly involved in the agricultural industry, to
bring the regular member complement to fourteen.
5.3 In nominating members to the DAAC, regard shall be given to achieving a
diversity of members engaged in varied disciplines of the agricultural industry and
members living in the rural community with knowledge of agricultural and related
rural issues. Regard shall also be given to residency within the Region and
availability to attend meetings. All residents of Durham Region are eligible for
membership. An elaboration of the selection criteria is provided in Appendix 1 of
the Terms of Reference.
5.4 The Regional Planning and Economic Development Department will formally
request the Durham Region Federation of Agriculture (DRFA) to nominate one
person to represent the DRFA.
5.5 The Regional Planning and Economic Development Department will formally
request the Durham Farm Fresh Marketing Association (DFF) to nominate one
person to represent the DFF.
5.6 All members of the DAAC shall be appointed by the Regional Planning and
Economic Development Committee and Regional Council.
5.7 Regional Council shall appoint a representative and an alternate to the DAAC
from the members of the Planning and Economic Development Committee.
5.8 In the case of a vacancy, the approach described in Section 5 will generally be
followed.
6. Officers
6.1 A chair and two vice -chairs (first and second) will be elected annually by the
membership of the DAAC. The Planning and Economic Development Committee
representative will chair the inaugural DAAC meeting.
7. Support Services
7.1 The Commissioner of Planning and Economic Development or designate, shall
serve as staff liaison to the DAAC. The staff liaison will provide administrative,
procedural and technical support to the DAAC.
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Durham Agricultural Advisory Committee
Terms of Reference - Page 4
7.2 The staff liaison will co-ordinate all requests for advice from the DAAC, through
meeting agendas. DAAC responses to such requests shall be co-ordinated by the
staff liaison to the Planning and Economic Development Department.
7.3 The Region will provide secretarial and other support services. Regional Council
will provide a budget to cover the operational expenses of the DAAC, and this
budget will be administered by the Planning and Economic Development
Department.
8. Meetings
8.1 Regularly scheduled meetings of DAAC will be held at the Durham Regional
Headquarters, unless otherwise stated. The DAAC, will establish a meeting
schedule taking into account the business needs and the schedule of Regional
Council and the Planning and Economic Development Committee. Special
meetings may be held at the call of the Chair.
8.2 All meetings will be open to the public. As a formal Advisory Committee to the
Region, the DAAC is subject to the Regional Procedural By-law, unless otherwise
specified in the Terms of Reference.
8.3 Quorum for DAAC meetings shall be a majority of the sitting members.
9. Delegations of Committee Meetings
9.1 Any person(s) wishing to appear before the DAAC as a delegate must submit a
request to delegationsCc)_durham.ca, advising of the topic or item to which they
wish to speak, which will then be forwarded to the staff liaison in the Regional
Planning and Economic Development Department. All requests for delegations
must be received at least one week prior to the meeting to ensure that the
delegation is included on the agenda. Any person wishing to address the DAAC
as a delegate, who has not previously arranged to do so, may be granted
permission to do so only by Committee resolution.
10. Minutes and Agenda
10.1 The minutes of each DAAC meeting will be amended as necessary and approved
at the following meeting. The unapproved minutes will be circulated to members
of Council as part of the Council Information Package (CIP) prepared by the
Regional Clerk.
10.2 The DAAC agendas will be prepared by the staff liaison and the DAAC chair or
vice -chair with input from other DAAC members. Agendas will be distributed the
week prior to the meeting.
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Durham Agricultural Advisory Committee
Terms of Reference - Page 5
11. Committee Resolutions
11.1 The DAAC will seek to achieve consensus on decisions. Recommendations are
"carried" if supported by a majority, unless otherwise specified in these Terms of
Reference or Regional Council Rules of Procedure. Only resolutions as they
appear in the adopted Minutes may be considered as officially representing the
position of the DAAC.
12. Annual Reports and Workplan
12.1 An annual report summarizing the activities completed in the previous year shall
be prepared by the DAAC. The annual report shall be forwarded to the Planning
and Economic Development Committee.
12.2 An annual workplan with an estimate of the resources necessary and any
suggested revisions to the Terms of Reference for the coming year shall also be
prepared by the DAAC for consideration and approval by the Planning and
Economic Development Committee and Regional Council.
12.3 An annual review of the DAAC by the Planning and Economic Development
Committee will be completed to examine the effectiveness of the Committee and
to ensure continued improvements.
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Durham Agricultural Advisory Committee
Terms of Reference - Page 6
Appendix 1: Membership Eligibility Criteria
To facilitate the nomination and appointment of new members to the DAAC, the following
criteria will be considered. The aim is to achieve a diversity of members engaged in
varied disciplines of the agricultural industry and community representation with
knowledge of agricultural and related rural issues.
1. Residency
1.1 Members should reside in Durham Region. Where a person who resides in
Durham cannot be found, a farmer who owns land in Durham Region may be
substituted.
2. Agricultural Expertise and Knowledge
2.1 Applicants engaged in the agricultural industry having the following attributes
would be considered as an asset:
• Demonstrated knowledge of agricultural and rural land use issues;
• Relevant farm experience;
• Involvement with activities of the agricultural community;
• Technical training in an agriculture -based field; and
• Knowledge of properties and farm operations within Durham.
3. Rural Experience
3.1 For applicants from the non -farm rural community consideration will be given to
the duration of residency in the community and the individual's level of knowledge
of agricultural related rural issues. The relevance of their interests to the mandate
of the DAAC will also be an important consideration.
4. Availability
4.1 It is important that an applicant be able to attend as many DAAC meetings as
possible and undertake work outside of the regular monthly meetings. An
applicant should be able to be contacted or reached during the day in order for
meetings to be arranged.
Page118
_ DURHAM AGRICULTURAL
Attachment #2
' ADVISORY COMMITTEE
DURHAM AGRICULTURAL ADVISORY COMMITTEE (DAAC)
2023 WORKPLAN
1. Advice on Policy Development and Implementation
a. Provide advice on:
• Proposed amendments to the Durham Region Official Plan.
• Agricultural and rural related planning matters, with a view to:
o sustaining the viability of farming;
o protecting and preserving agricultural land as a first priority; and
o ensuring adequate separation between agricultural land uses and
activities and urban residential areas.
• Durham Regional Official Plan Implementation.
• Provincial land -use planning policies, plans and regulations.
• Implementation of the Regional Broadband Strategy.
• Ongoing implementation of the Agricultural Sector Climate Adaptation
Strategy.
• Regional Cycling Plan Update.
• Growing Agri -Food Durham implementation.
• Growing North Durham Plan implementation.
2. Communicate/Outreach/Educate
a. Host the 2023 Farm Tour that will:
• assist Local and Regional Councillors, Provincial and Federal
government officials as well as Conservation Authorities (including staff),
to understand the concerns, opportunities and challenges of the
agricultural community;
• reach key industry partners whose mandate may impact the agricultural
community; including the educational sector to understand opportunities
and challenges of the agri-food industry;
• highlight the diversity of agriculture in Durham Region and the economic
benefits across the agri-food value chain to support the broader Regional
economy.
b. Deliver Agriculture 101 Training to Local Municipal Councils.
c. Continue to work with Regional Departments including Planning and
Economic Development, Works, Finance and Police Services where
necessary to ensure agricultural interests are considered.
Page119
d. Encourage participation of the Durham agricultural youth organizations.
e. Investigate other outreach opportunities as they arise.
f. Municipal representatives on the Committee will continue to dialogue with
their respective municipalities including presentations to area municipal
Councils on matters of interest where appropriate.
g. Continue to establish a working relationship with the Durham Environment
and Climate Change Advisory Committee and other Regional Committees.
3. Economic Development and Tourism
a. Provide advice and feedback to staff on economic development and tourism
activities pertaining to support and growth of the agri-food industry.
• On an annual basis, assist with identifying priority projects that align with
activities identified in the Growing Agri -Food Durham Plan (e.g.
supporting the development of on -farm diversification, implementing a
Food Processing Business Retention and Expansion Project).
• Identify emerging trends and opportunities to grow the agri-food industry
in Durham.
b. Support the implementation of the Growing Agri -Food Durham Action Plan,
the Local Food BRE Action Plan and Growing North Durham Plan.
4. Issues of Interest
• Federal Pickering airport lands.
• Federal Oshawa Port.
• Federal policies effecting agriculture (tariffs, carbon tax, etc.)
• Alternative energy (e.g. solar farms, biomass, wind).
• Farm safety.
• Municipal, Provincial and federal legislation and policy affecting
agriculture (e.g. species at risk, provincial land use plans).
• Commercial fil, excess topsoil and excess soil
• Aggregate matters, including aggregate pit rehabilitation.
• Implementation of source water protections plans.
• Farmland assessment and taxation.
• Farm animal health and wellness (e.g. DRPS, Avian Influenza).
• Natural Heritage System protection and construction of new farm
infrastructure.
• Minimum Distance Separation formulae.
• Water and wastewater master planning.
Page120
• Biosecurity, trespassing and vandalism.
• Municipal Class EA's.
• Regional road projects.
• Conservation Authority matters.
• Energy -from -Waste implementation and monitoring.
• Region's waste diversion programs.
• Local food strategy.
• Agricultural training and employment, through continued work with the
Durham Workforce Authority, Durham College, and Ontario Tech
University.
• Activities of the Golden Horseshoe Food and Farming Alliance.
• Land use planning matters.
• Other matters affecting the agricultural industry (e.g. Municipal Fire
Regulations, By-laws and Permits).
• Rouge National Urban Park.
• Clean Fuel Standards.
• Supportive agri-business in Durham, addressing local agri-food supply
chain gaps.
5. Meeting Schedule
a. DAAC has scheduled 5 regular meetings for the remainder of 2023. An
additional meeting may be held in August, at the call of the Chair. Resources
(Planning and Clerks) will be provided to accommodate this schedule and
workload.
• June13, 2023
• September 12, 2023
• October 10, 2023
• November 14, 2023
• December 12, 2023
Page 121
June 28, 2023
Mr. Geoff Carpentier, Chair
Durham Environment and Climate Advisory Committee
c/o Region of Durham Planning Division
605 Rossland Road East, Level 4
Whitby, ON L1 N 6A3
Dear Mr. Carpentier:
RE: Durham Environment and Climate Advisory Committee
2023 Workplan and Terms of Reference (2023-P-17), Our
The Regional
File: C00
Municipality of
Durham
Council of the Region of Durham, at its meeting held on June 28,
Corporate Services
2023, adopted the following recommendations of the Planning &
Department —
Economic Development Committee.
Legislative Services
Division
"A) That the Durham Environment and Climate Advisory
Committee's 2023 Workplan be approved, as outlined in
605 Rossland Rd. E.
Attachment #2 to Report #2023-P-17 of the Commissioner of
Level 1
Planning and Economic Development; and
PO Box 623
Whitby, ON L1 N 6A3
B) That a copy of Report #2023-P-17 be forwarded to the Durham
Canada
Environment and Climate Advisory Committee, Conservation
905-668-7711
Authorities, and the area municipalities."
1-800-372-1102
Please find enclosed a copy of Report #2023-P-17 for your
durham.ca
information.
Alexander Harras
M. P.A. A H a4l-ra4,
Director of
Legislative Services Alexander Harras,
& Regional Clerk
Director of Legislative Services & Regional Clerk
AH/ks
c: Please see attached list
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page122
c: C. Darling, Central Lake Ontario Conservation Authority
L. Laliberte, Ganaraska Region Conservation Authority
M. Majchrowski, Kawartha Conservation
R. Baldwin, Lake Simcoe Region Conservation Authority
J. MacKenzie, Toronto and Region Conservation Authority
N. Cooper, Clerk, Town of Ajax
F. Lamanna, Clerk, Township of Brock
J. Gallagher, Clerk, Municipality of Clarington
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
B. Jamieson, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
B. Bridgeman, Commissioner of Planning and Economic Development
Page123
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Planning and Economic Development Committee
From: Commissioner of Planning and Economic Development
Report: #2023-P-17
Date: June 6, 2023
Subject:
Durham Environment and Climate Advisory Committee 2023 Workplan and Terms of
Reference. File: A01-37
Recommendations:
That the Planning and Economic Development Committee recommends to Regional
Council:
A) That the Durham Environment and Climate Advisory Committee's 2023 Workplan be
approved, as outlined in Attachment 2, to Commissioner's Report #2023-P-17; and
B) That a copy of Commissioner's Report #2023-P-17 be forwarded to the Durham
Environment and Climate Advisory Committee, Conservation Authorities, and the
Area Municipalities.
Report:
1. Purpose
1.1 The Durham Environment and Climate Advisory Committee (DECAC) Terms of
Reference (ToR) requires the preparation of a proposed Workplan for the coming
year and when necessary, recommend revisions to the ToR, for consideration and
approval of the Planning and Economic Development Committee and Council.
1.2 The purpose of this report is to present the proposed DECAC 2023 Workplan and
Terms of Reference.
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Report #2023-P-17
2. Previous Reports and Decisions
Paae 2 of 3
2.1 In April 2023, Council considered DECAC's membership appointments for the 2023-
2026 term through report #2023-P-12.
2.2 In January 2023, Council considered DECAC's 2022 Annual Report through Report
#2023-P-3.
2.3 In December 2022, Council endorsed a revision to the DEAC ToR that subsumed
the role of the Durham Region Roundtable on Climate Change (DRRCC) within the
DEAC mandate, resulting in the renaming of the committee to the Durham
Environment and Climate Advisory Committee (DECAC) (Report #2022-COW-28).
3. Terms of Reference
3.1 DECAC is guided by Council approved Terms of Reference (ToR). The ToR outlines
the goal, mandate, and scope of activities for the Committee (Attachment 1). No
changes are proposed for the coming year.
4. 2023 Workplan
4.1 The proposed 2023 DECAC Workplan (Attachment 2), represents activities which
are a priority, and achievable within the calendar year. The activities are divided into
four categories:
a. Policy Development and Implementation — Activities involve providing
advice on the formulation and implementation of land use planning policies to
the Planning and Economic Development Department and Planning and
Economic Development Committee;
b. Communication/Outreach/Educate — Activities that support community
environmental awareness. This includes the pollinator distribution project and
promoting and implement the Environmental Achievement Awards Program.
C. Committee Education and Development — Activities, such as presentations
and tours that enhance members' knowledge of environmental issues; and
d. Issues of Interest — Activities related to the monitoring of issues that DECAC
deems significant and may require further consideration.
5. Relationship to the Strategic Plan
5.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
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Report #2023-P-17
Paae 3 of 3
a. Goal 1: Environmental Sustainability's objective: To protect the environment
for the future by demonstrating leadership in sustainability and addressing
climate change.
6. Conclusion
6.1 It is recommended that:
a. The proposed 2023 DECAC Workplan be approved (Attachment 2);
and
b. A copy of this report be forwarded to the Durham Environment and Climate
Advisory Committee, Conservation Authorities, and the Area Municipalities.
7. Attachments
Attachment #1: 2022 DECAC Terms of Reference
Attachment #2: Proposed 2023 DECAC Workplan
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page126
Attachment 1
Durham Environment and Climate Advisory
Committee
01 Terms of Reference
December 2022
1. Goal
1.1 To provide advice to the Region of Durham on environmental sustainability and
climate change -related impacts of Regional matters, as expressed in Regional
policies and plans including the Durham Regional Official Plan and climate
declaration.
2. Mandate
2.1 The Durham Environment and Climate Advisory Committee (DECAC) is a
volunteer Advisory Committee established by Regional Council in accordance
with these Terms of Reference. Committee members are guided by these Terms
of Reference.
2.2 The Terms of Reference provide for a balance between activities referred from a
Regional department, Standing Committee, or Council and a provision for
DECAC to be proactive and advise on matters identified on its own initiative.
2.3 Regional staff, Standing Committees, or Council may refer environmental
sustainability and climate change -related matters to DECAC. DECAC shall report
directly to the Planning and Economic Development Committee and/or the
Regional Planning and Economic Development Department.
3. Scope of Activities
3.1 The scope of the DECAC may include activities such as:
a) providing advice on environmental and climate -change related policy
directions and initiatives pursued by the Region. This may include providing
advice, feedback, and guidance to Regional staff and Council on official plan
policies through Official Plan amendments or via an Official Plan review
process, or providing advice on Durham's climate change -related plans and
initiatives;
b) providing advice in the identification and implementation of new or existing
programs, approaches, or policies relating to the protection, sustainability,
and enhancement of natural resources and systems, and climate change
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Durham Environmental Advisory Committee
Terms of Reference - Page 2
adaptation and mitigation within the Region in co- operation with other
organizations where appropriate. This may include investigating conservation
easements, land trusts, tree planting, environmental stewardship, new
provincial directions, and funding grants; or providing advice, feedback, and
guidance to Regional staff and Council on Durham's climate change plans;
c) providing advice in identifying and implementing community outreach
activities which support the growth of environmental awareness and
appreciation in Durham Region in co-operation with other organizations
where appropriate. This may include recommending and assisting with
educational workshops or homeowner guides which can be used by the
public in areas such as tree cutting, fertilizer use, erosion control and general
enhancement of the environment;
d) providing advice on Regional environmental data in co-operation with other
organizations where appropriate;
e) providing advice on the state of environmental resources such as water
resources and natural heritage features such as wetlands, forests, and
wildlife within Durham Region in co-operation with other organizations where
appropriate;
f) appointing a member of DECAC to participate on steering committees for
environmental impact studies related to Regional Official Plan Amendment
applications. In accordance with the Region's approved EIS Guideline, a
DECAC representative would participate in Regionally co-ordinated EIS's and
peer reviews; and
g) at the request of Regional Standing Committees or departments, provide
advice on miscellaneous matters as they arise.
4. Composition
4.1 The DECAC will be comprised of thirteen members in total, as follows:
• Ten (10) citizen members (eight (8) municipally appointed, two (2) at -large).
• One (1) Post -Secondary Student member.
• One (1) youth member.
• One (1) member of the Planning and Economic Development Committee.
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Durham Environmental Advisory Committee
Terms of Reference - Page 3
4.2 All members are regarded as private citizens and do not represent their
respective employers or advocacy group in their capacity as a DECAC member.
4.3 Membership for citizen members shall correspond with the term of Regional
Council. However, citizen members shall continue to serve until their
replacements are appointed by Regional Council. If a member chooses to resign,
the Region will seek a replacement in accordance with Section 5.
4.4 Membership for Post -Secondary Student members shall be up to a 4-year term,
generally corresponding with the length of their college or university program.
4.5 Membership for youth members shall be up to a 3-year term, generally
corresponding with the school year.
4.6 At the discretion of the DECAC, non-attendance of three consecutive meetings
will be sufficient grounds for replacement.
4.7 DECAC will strive to maintain a high level of relevant technical expertise and
competence in environmental issues within its membership.
5. Membership Selection
5.1 Durham Region will place an advertisement seeking individuals interested in
volunteering for appointment to the DECAC. For post -secondary student and
youth members, the Region shall also contact colleges, universities, and
secondary schools in Durham Region to request that students be notified about
the opportunity to volunteer with DECAC. Interested individuals will be required to
submit an application form to the Regional Clerk outlining their interest and
qualifications.
5.2 The Regional Planning and Economic Development Department will review the
applications received. Applications from qualified applicants will be forwarded to
the respective area municipality with a request that the local Council nominate
one representative. The Regional Planning and Economic Development
Department, from the remaining applications received, will nominate a sufficient
number of citizen members at large in order to bring the citizen membership to
ten. The Regional Planning and Economic Development Department will also
nominate a Post- Secondary Student member and a youth members from the
applications received.
5.3 In nominating citizen members to the DECAC, regard shall be given to the aim of
achieving a combination of technical experts and community representatives with
knowledge of environmental and land use planning matters. Regard shall also be
given to residency within the Region and availability to attend meetings. An
elaboration of the selection criteria is provided in Appendix 1 of the Terms of
Reference. The nomination of members at large will help to achieve the desire of
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Durham Environmental Advisory Committee
Terms of Reference - Page 4
a diverse and balanced DECAC. All residents of Durham Region are eligible for
membership.
5.4 In nominating a Post -Secondary Student member, consideration shall be given to
the individual's interests, level of participation and knowledge of environmental
issues in Durham Region and the planning process. The member must be
enrolled full-time in a college or university program and express an interest in
environmental matters. The relevance of their interests to the mandate of DECAC
will be an important consideration. Regard shall also be given to residency within
Durham Region for the school year and availability to attend meetings. An
elaboration of the selection criteria is provided in Appendix 1 of the Terms of
Reference.
5.5 All members of the DECAC shall be appointed by the Regional Planning and
Economic Development Committee and Regional Council.
5.6 Regional Council shall appoint a representative and an alternate to the DECAC
from the members of the Planning and Economic Development Committee. The
role of the Council representative will be to champion DECAC's mandate, support
and advocate DECAC's interests at Planning and Economic Development
Committee and Council meetings, and take a lead role in presenting updates to
the Planning and Economic Development Committee and Council, including, but
not limited to, DECAC's annual report and workplan in partnership with DECAC's
chair.
5.7 In the case of a vacancy, the approach described in Section 5 will generally be
followed.
6. Officers
6.1 A chair and two vice -chairs (first and second) will be elected annually by the
membership of the DECAC. The Planning and Economic Development
Committee representative will chair the inaugural DECAC meeting.
6.2 Post -Secondary Student members and youth members are not eligible to sit as
chair or vice -chair.
7. Support Services
7.1 The Commissioner of Planning and Economic Development or designate shall
serve as staff liaison to the DECAC. The staff liaison will provide administrative,
procedural and technical support to the DECAC.
7.2 The staff liaison will co-ordinate all requests for advice from the DECAC, through
meeting agendas. DECAC responses to such requests shall be co-ordinated by
the staff liaison to the Planning and Economic Development Department.
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Durham Environmental Advisory Committee
Terms of Reference - Page 5
7.3 The Region will provide secretarial and other support services. Regional Council
will provide a budget to cover the operational expenses of the DECAC, and this
budget will be administered by the Planning and Economic Development
Department.
8. Meetings
8.1 Regularly scheduled meetings of DECAC will be held at the Durham Regional
Headquarters. The DECAC, will establish a meeting schedule taking into account
the business needs and the schedule of Regional Council and the Planning and
Economic Development Committee. Special meetings may be held at the call of
the Chair.
8.2 Unless otherwise determined, all meetings will be open to the public. As a formal
Advisory Committee to the Region, the DECAC is subject to the Regional
Procedural By-law, unless otherwise specified in the Terms of Reference.
8.3 A quorum for DECAC meetings shall be a majority of the sitting DECAC
members.
9. Delegations of Committee Meetings
9.1 Any person(s) wishing to appear before the DECAC as a delegate must submit a
request to delegations(o)_durham.ca, advising of the topic or item to which they
wish to speak, which will then be forwarded to the staff liaison in the Regional
Planning and Economic Development Department. All requests for delegations
must be received at least one week prior to the meeting to ensure that the
delegation is included on the agenda. Any person wishing to address the DECAC
as a delegate, who has not previously arranged to do so, may be granted
permission to do so only by Committee resolution.
10. Minutes and Agenda
10.1 The minutes of each DECAC meeting will be approved at the following meeting.
The unapproved minutes will be circulated to members of Council as part of the
Council Information Package (CIP) by the Regional Clerk.
10.2 The DECAC agendas will be prepared by the staff liaison and the DECAC chair
or vice -chair with input from other DECAC members. At the beginning of every
meeting, the Committee shall approve its agenda.
11. Committee Resolutions
11.1 The DECAC will seek to achieve consensus on decisions. Recommendations are
"carried" if supported by a majority. Only resolutions as they appear in the
adopted Minutes may be considered as officially representing the position of the
DECAC.
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Durham Environmental Advisory Committee
Terms of Reference - Page 6
12. Annual Reports and Workplan
12.1 An annual report summarizing the activities completed in the previous year shall
be prepared by the DECAC. The annual report shall be forwarded to the Planning
and Economic Development Committee.
12.2 An annual workplan with an estimate of the resources necessary and any
suggested revisions to the Terms of Reference for the coming year shall also be
prepared by the DECAC for consideration and approval by the Planning and
Economic Development Committee and Regional Council. To avoid duplication,
the DECAC shall ensure that the workplan is co-ordinated with other
environmental initiatives in the Region.
12.3 An annual review of the DECAC by the Planning and Economic Development
Committee will be completed to examine the effectiveness of the Committee and
to ensure continued improvements.
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Durham Environmental Advisory Committee
Terms of Reference - Page 7
Appendix 1: Membership Eligibility Criteria
1. Citizen Membership Eligibility Criteria
1.1 To facilitate the nomination and appointment of new citizen members to the
DECAC, the following criteria will be considered:
A) Residency
Members should reside in Durham Region.
B) Technical Expertise
A high level of technical expertise is required within the Committee. Applicants
with academic qualifications and/or work experience in environmental and climate
change -related disciplines, such as, energy, housing, transportation, and
conservation, will be an important consideration. Applicants are also encouraged
to have experience within a range of industries, including public agencies,
academia, professional and industry associations, and community and socially
focused organizations, in order to bring a diverse and holistic range of
perspectives to DECAC.
C) Community Representatives
Consideration shall be given to the individual's level of participation and
knowledge of environmental issues and the planning process. The relevance of
their interests to the mandate of DECAC will be an important consideration.
D) Availability
It is important that an applicant be able to attend as many DECAC meetings as
possible and undertake work outside of the regular monthly meetings. An
applicant should be able to be contacted or reached during the day in order for
meetings to be arranged.
1.2 The aim is to achieve a diverse committee with a combination of technical experts
and community representatives.
2. Post -Secondary Student Membership Eligibility Criteria
2.1 To facilitate the nomination and appointment of new Post -Secondary Student
members to the DECAC, the following criteria will be considered:
A) Residency
Members should reside in Durham Region for the school year.
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Durham Environmental Advisory Committee
Terms of Reference - Page 8
B) Education
Members must be accepted into, or enrolled in a full-time College or University
program and express an interest in environmental matters.
Consideration shall be given to the individual's interests, level of participation and
knowledge of environmental issues in Durham Region and the planning process.
The relevance of their interests to the mandate of DECAC will be an important
consideration.
C) Availability
It is important that an applicant be able to attend as many DECAC meetings as
possible and undertake work outside of the regular monthly meetings. An
applicant should be able to be contacted or reached during the day in order for
meetings to be arranged.
3. Youth Membership Eligibility Criteria
3.1 To facilitate the nomination and appointment of new youth members to the
DECAC, the following criteria will be considered:
A) Residency
Youth members should reside in Durham Region.
B) Education
Youth members must be enrolled in Grade 10, 11, or 12 and express an interest
in environmental matters.
C) Availability
It is important that an applicant be able to attend as many DECAC meetings as
possible. An applicant should be able to be contacted or reached during the day
in order for meetings to be arranged.
D) Letter of Reference/Support
Applicants for youth membership must include a letter of reference from their
school and a letter of parental/guardian support with their expression of interest.
Page134
Attachment 2
DURHAM ENVIRONMENT AND CLIMATE
ADVISORY COMMITTEE (DECAC)
PROPOSED 2023 WORKPLAN
Item
Progress
1.0 Policy Development and Implementation
Provide advice on
• Regional Official Plan — input and advice on proposed
amendments.
• Projects subject to a Minister's Zoning Order MZO .
• Durham Community Energy Plan implementation and low -
carbon pathway implementation.
• Climate action monitoring, reporting, and reduction.
• Provincial and Regional Climate Change guidance
materials.
• Environmental Assessment EA Studies.
• Public and/or Stakeholder Advisory Committees.
• Environmental Bill of Rights postings.
• Climate adaptation, mitigation, and resiliency initiatives.
2.0 Community Outreach and Stewardship
High Priority
• Promote and continue to implement the Environmental
Achievement Awards.
• Participate in, and organize community environmental and
stewardship events, including but not limited to:
o Tree planting targets and initiatives, and canopy
protection and stewardship.
o Opportunities for community clean-up/waste
reduction.
Medium Priority
• Continue to foster a working relationship with the Durham
Agricultural Advisory Committee, Durham Active
Transportation Committee, and the Energy from Waste -
Waste Management Advisory Committee.
• Participate in Climate Change outreach activities/events
hosted by DECAC.
• Update the Region of Durham Natural Features Map.
• Invasive and native species management and education.
• Pollinator seedling distribution project.
• Explore opportunities for a volunteer program.
• Provide a forum for community climate groups.
3.0 Committee Education & Development
The Committee will expand its knowledge in some of the following
issues:
Page135
Item
Progress
• Energy (e.g. sources, alternatives, producers, efficiency,
etc.).
• Recreational uses in the natural environment.
• Provincial Planning documents.
• Water quality (e.g. Duffin Creek water treatment plant).
• Human health and the environment.
• Green infrastructure and low impact development.
• Road salt.
• Species at risk.
• Waste reduction and management progress.
• Lifecycle assessment of products and packaging (e.g.
plastics).
• Microplastics.
• Forest, grassland, and wetland health.
• Active transportation.
• Climate change.
• Pesticides and alternatives.
• Invasive species.
• Nativespecies.
• Biodiversit .
• Urban sustainabilit .
• Air quality.
• Food security.
• Community gardens.
• Aggregate it rehabilitation.
• Peat moss and top soil removal and restoration.
• Biological and physical decomposition (e.g. incineration,
gasification, carbonization, anaerobic digestion, waste,
etc.).
• Noise and light pollution.
• Citizen science.
• Ground and surface water preservation and protection.
• Education around Just Transition initiatives.
• Indigenous reconciliation and partnership.
• Climate justice and inequality.
4.0 Issues of Interest
The committee will continue to monitor the following issues as
prioritized by current events:
• Conservation Authority initiatives and activities, such as
Carruthers Creek Watershed Plan Update and McLaughlin
Bay Restoration Strategy.
• Provincial planning initiatives.
• Oak Ridges Moraine.
• Greenbelt.
Page136
Item
Progress
• Regional Official Plan Amendment applications.
• Water — groundwater, surface water, watersheds.
• Climate change impacts, e.g. flooding.
• Transportation developments.
• Waterfront protection and development.
• Nuclear Energy Management
• Potential future airport lands.
• Rouge National Urban Park.
• Urban forest/naturalization strategies.
• Trails.
• Energy from Waste Facility.
• Minister's Zoning Orders (MZOs).
• Durham Community Energy Plan — Implementation
Governance Task Force.
• Large-scale fill operations.
• Waste management and diversion.
• Environmental or climate incentives.
• Environmental impacts of agricultural and bioproducts
producers.
• Air quality initiatives and metrics.
Meeting Schedule
Due to the Committee's workload, DEAC will schedule 9 meetings for 2023. In
general, meetings will take place on the third Thursday of each month. Resources
(Planning Division and Legislative Services) will be required to accommodate the
schedule and workload.
The 2023 meeting schedule is as follows:
• January 19, 2023
• February 16, 2023
• March 23, 2023
• April 20, 2023
• May 18, 2023
• June 15, 2023
• September 21, 2023
• October 19, 2023
• November 16, 2023
Page137
A Corn munil y of Character
North Perth
330 Wallace Ave. N_. Lisioml. ON NW 11.3 Phone; 50-291-2950 Tol l Free- 888-71¢ 190 3
June 26, 2023
The Honourable Doug Ford
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1A1
Via Email: premier(a-),ontario.ca
RE: Vacant Building Official Positions
Pleased be advised that the Council of the Municipality of North Perth passed the
following resolution at their regular meeting held June 5, 2023 regarding vacant
building official positions:
Moved by Councillor Rothwell Seconded by Councillor Duncan
WHEREAS building officials in Ontario examine building plans and inspect
building construction to ensure compliance with the Ontario Building Code to
ensure public safety;
AND WHEREAS in October 2022, Premier Doug Ford and the Ontario
government announced their intent to build 1.5 million homes in the next ten years
in an effort to generate enough supply to meet a high demand for now and in the
future;
AND WHEREAS according to the Ontario Building Officials Association over 50
per cent of existing building officials are eligible to retire;
AND WHEREAS according to the Ontario Building Officials Association building
officials are in high demand;
AND WHEREAS many municipalities across Ontario have job postings for
building officials that remain unfilled;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
North Perth urges the Provincial Government to provide support to municipalities
to fill vacant building official positions;
Page138
AND FURTHER THAT this resolution be circulated to Premier Doug Ford, Steve
Clark, Minister of Municipal Affairs and Housing, Provincial opposition parties,
Matthew Rea MPP, all municipalities in Ontario and AMO.
CARRIED
If you have any questions regarding the above resolution, please do not hesitate
to contact me at Icline(a north Perth. ca.
Sincerely,
Lindsay Cline,
Clerk/Legislative Services Supervisor
Municipality of North Perth
cc.
Hon. Steve Clark, Minister of Municipal Affairs and Housing
Provincial Opposition Parties
Perth -Wellington MPP Matthew Rea
Association of Municipalities of Ontario (AMO)
All Ontario Municipalities
Page139
A Corn munil y of Character
North Perth
330 Wallace Ave. N_. Lisioml. ON NW 11.3 Phone; 50-291-2950 Tol l Free- 888-71¢ 190 3
June 26, 2023
The Honourable Doug Ford
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1A1
Via Email: premier(a-),ontario.ca
RE: Proposed New Provincial Policy Statement (PPS)
Pleased be advised that the Council of the Municipality of North Perth passed the
following resolution at their regular meeting held May 15, 2023 in support of the
resolution from the County of Prince Edward regarding the proposed new
Provincial Policy Statement (PPS):
Moved by Councillor Rothwell Seconded by Councillor Johnston
THAT: The Council of the Municipality of North Perth supports the resolution
received from the County of Prince Edward;
AND THAT: This resolution be sent to all municipalities in Ontario, the Premier of
Ontario, the Minister of Municipal Affairs and Housing, the Ministry of Agriculture,
Food and Rural Affairs, Minister of Environment, Perth -Wellington MPP Matthew
Rae, the Association of Municipalities of Ontario and the Federation of Canadian
Municipalities.
CARRIED
Attached please find a copy of the County of Prince Edward's resolution dated
May 10, 2023.
If you have any questions regarding the above resolution, please do not hesitate
to contact me at Icline(o)-northperth.ca.
Sincerely,
Lindsay Cline,
Clerk/Legislative Services Supervisor
Municipality of North Perth
Page140
cc.
Hon. Steve Clark, Minister of Municipal Affairs and Housing
Hon. Lisa M. Thompson, Minister of Agriculture, Food and Rural Affairs
Hon. David Piccini, Minister of the Environment, Conservation and
Parks Perth -Wellington MPP Matthew Rea
Association of Municipalities of Ontario (AMO)
Federation of Canadian Municipalities (FCM)
All Ontario Municipalities
Page 141
Th a County
PPINC4 EV444) COU14T4 • 4NTAR10
May 10, 2023
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 F: 613.476.5727
clerks@pecounty.on.ca I www.thecounty.ca
Please be advised that during the Regular Council meeting of May 9, 2023 the following
resolution regarding the proposed new Provincial Planning Statement (PPS) was carried:
RESOLUTION NO. 2023-293
DATE: May 9, 2023
MOVED BY: Councillor Hirsch
SECONDED BY: Councillor MacNaughton
WHEREAS the goal of increasing housing supply and reducing barriers in planning
processes as set out in the recent legislative, regulatory and policy changes,
including new provisions from Bill 23, More Homes Built Faster Act, 2022 is
welcomed;
WHEREAS the proposed PPS (sections 2.6 and 4.3) would dramatically remove
municipal power and renders aspects of the County's Official Plan, and other official
plans throughout Ontario inoperative, terminating some local planning autonomy,
and directly interfering with municipalities' ability to meet local variation and unique
community needs;
WHEREAS the proposed PPS changes that would allow proliferation of lots with
protection restricted to specialty crop areas only diminishes the purpose, uses, and
integrity of rural and agricultural lands, thereby removing protection and restricting
future uses of those lands;
WHEREAS the proposed PPS changes encourage sprawl and rural roadway strip
development, rather than more fiscally and environmentally sustainable practices
like intensification in established settlement areas; and
WHEREAS the province has announced changes will be proposed to natural
heritage (section 4.1) that have yet to be published;
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
County of Prince Edward urges the province to:
pause proposed changes to the PPS, particularly regarding natural heritage
(section 4.1) and agricultural lands (sections 2.6 and 4.3)
Page142
(4
From the Office of the Clerk
The Corporation of the County of Prince Edward
Th County T: 613.476.2148 x 1021 F: 613.476.5727
uPNCEff)WAK,COUNT4;ONTARIO clerks@pecounty.on.ca I www.thecounty.ca
• reinvest trust in the local planning authority of all 444 municipalities,
recognizing that each Ontario municipality has unique landscapes, different
housing needs and differing visions for local planning matters;
THAT our fellow municipalities be urged to voice their concerns regarding the
proposed undermining of local planning authority;
AND FURTHER THAT a copy of this resolution be sent to all 444 municipalities, The
Hon. Doug Ford, Premier of Ontario, The Hon. Steve Clark, Minister of Municipal
Affairs and Housing; The Hon. Lisa Thompson, Ministry of Agriculture, Food and
Rural Affairs, The Hon. David Piccini, Minister of Environment, Conservation and
Parks, Bay of Quinte MPP, Todd Smith, the Association of Municipalities of Ontario,
the Federation of Canadian Municipalities, and the Eastern Ontario Wardens
Caucus.
CARRIED
Yours truly,
Catalina Blumenberg, CLERK
cc: Mayor Ferguson, Councillor Hirsch, Councillor MacNaughton & Marcia Wallace,
CAO
Page143
A Corn munil y of Character
North Perth
Vk w .3'1Orthperth.1: a
33D Wallace Ave. N_. Lisioml. ON NW 11.3 Phone; 50-291-29 Tol l Free- 888-71¢ 190 3
June 26, 2023
The Honourable Doug Ford
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1A1
Via Email: premier(a-),ontario.ca
RE: Proposed New Provincial Policy Statement (PPS)
Pleased be advised that the Council of the Municipality of North Perth passed the
following resolution at their regular meeting held June 5, 2023 regarding the
proposed new Provincial Policy Statement (PPS):
Moved by Councillor Rothwell Seconded by Councillor Blazek
THAT: The Council of the Municipality of North Perth supports consent agenda
items 3.3 Perth County Report — Perth County Comments on Proposed Provincial
Policy Statement ERO Number 019-6813, 3.4 Perth County Report — Bill 97
(Helping Homebuyers, Protecting Tenants Act, 2023 and Draft Provincial Planning
Statement April 6, 2023, and 3.17 United Counties of Stormont, Dundas &
Glengarry Resolution re: Proposed Changes to the PPS;
AND THAT: A copy of this resolution be sent to all 444 municipalities, The Hon.
Doug Ford — Premier of Ontario, The Hon. Steve Clark — Minister of Municipal
Affairs and Housing, The Hon. Lisa Thompson — Minister of Agriculture, Food and
Rural Affairs, The Hon. David Piccini — Minister of Environment, Conservation and
Parks, Perth -Wellington MPP — Matthew Rae, the Association of Municipalities of
Ontario and the Rural Ontario Municipal Association.
CARRIED
Attached please find a copy of Perth County Reports — Comments on Proposed
Provincial Policy Statement ERO Number 019-6813 and Bill 97 (Helping
Homebuyers, Protecting Tenants Act, 2023) and Draft Provincial Planning
Statement, April 6, 2023, and United Counties of Stormont, Dundas & Glengarry
Resolution, dated May 15, 2023.
Page144
If you have any questions regarding the above resolution, please do not hesitate
to contact me at Icline(a-).northperth.ca.
Sincerely,
Lindsay Cline,
Clerk/Legislative Services Supervisor
Municipality of North Perth
cc.
Hon. Steve Clark, Minister of Municipal Affairs and Housing
Hon. Lisa M. Thompson, Minister of Agriculture, Food and Rural Affairs
Hon. David Piccini, Minister of the Environment, Conservation and
Parks Perth -Wellington MPP Matthew Rea
Association of Municipalities of Ontario (AMO)
Rural Ontario Municipal Association (ROMA)
All Ontario Municipalities
Page145
Pertitcoupty Report
Cultivating 4ppQrWnity Regular Council
To: Warden Ehgoetz and Members of Council
Meeting Date: June 1, 2023
Prepared By:
Subject: Perth County Comments on Proposed Provincial Policy
Statement ERO Number 019-6813
Recommended Action:
THAT Council receives the "Perth County Comments on Proposed Provincial
Policy Statement ERO Number 019-6813" report; and
THAT Council direct staff to submit the attached letter to ERO posting number
019-6813 prior to end of day June 5, 2023.
Background Information:
As per Council's resolution on May 18, 2023 staff are providing a draft letter for
their review at the June 1, 2023 Council meeting regarding changes proposed by
the province to planning policy. It is proposed that the attached letter be
submitted to ERO posting number 019-6813 by planning staff prior to end of day
June 5th, 2023.
Connection to Strategic Plan:
Goal 1
— Growth & Economic Development
Goal 2
— Regionalization & Service Effectiveness
Goal 3
— Customer Service Excellence
Goal 4
— Community Development & Planning
Attachments:
draft PPS comments 2023
Reviewed By:
Lori Wolfe, CAO
Page146
Pertitcoupty Report
Cultivating 4ppQrWnity Regular Council
To: Warden Ehgoetz and Members of Council
Meeting Date: May 18, 2023
Prepared By: Sally McMullen, Manager of Planning Services
Subject: Bill 97 (Helping Homebuyers, Protecting Tenants Act, 2023)
and Draft Provincial Planning Statement, April 6, 2023.
Recommended Action:
THAT Council receives the "Bill 97 (Helping Homebuyers, Protecting Tenants
Act, 2023) and Draft Provincial Planning Statement, April 6, 2023." report; and
THAT Council direct staff to submit comments to the Ministry of Municipal
Affairs and Housing on the Proposed changes to the Provincial Planning
Statement, 2023 as outlined in the Comments Section of this report; and
THAT the report be circulated to the Lower Tier Municipalities within Perth
County for information.
Executive Summary:
Proposed Changes to the Planning Act through Bill 97 and to the Provincial Policy
Statement represent a significant change in policy -led land use planning for the
Province of Ontario. This report summarizes the Bill 97 and the Provincial
Planning Statement changes that are most relevant to Perth County. The report
recommends comments for Perth County Council to submit to the ERO posting
which closes on June 6, 2023.
Staff have participated in the development of comments being submitted by the
Western Ontario Warden's Caucus and the County Planning Directors Group.
Background Information:
On Thursday April 6, 2023, the Ontario Government introduced Bill 97 including
changes to the Planning Act, revoked the Provincial Policy Statement (PPS,
2020) and introduced the Proposed Provincial Planning Statement (PPPS) which
is a singular document to replace the former PPS and the Growth Plan for the
Greater Golden Horseshoe (2019). These changes are part of an ongoing set of
revisions to implement the Ontario Government's "More Homes, More Choice
Housing Supply Action Plan".
Page147
The PPS can be viewed at the ERO posting (#019-6813) at the following link:
https://ero.ontario.ca/notice/019-6813
The posting remains open until June 6, 2023 for comment, which is a 60-day
commenting period. Indications are that the Province is looking to implement a
final version of the PPS in the fall of 2023.
Planning authorities will not be required to update their OPs immediately. The
`Approach to Implementation' states that the new policies will be implemented at
the time of the next Official Plan (OP) review, and through any planning decisions
made following the in -effect date (which is still to be determined). Bill 97 may
come into effect sooner.
The Bill proposes amendments to 7 different Provincial Acts including the Building
Code Act, Development Charges Act, Municipal Act and Planning Act which are
most notable from a municipal government perspective. The Planning Act
changes are summarized as follows:
1. Area of Employment: Re -defining employment areas to specifically exclude
commercial and institutional uses in favour of strictly including
manufacturing, warehousing and uses related to the movement of goods
as well as any accessory or related uses. Requiring that if a municipality
wishes to protect uses currently located in Employment Areas that do not
fit the new definition it will need to amend its OP to specifically allow the use
to continue.
2. Transitional Matters: Bill 97 gives the Minister authority to make regulations
about when new policy — presumably the PPS would have an effect on
planning applications in progress. Traditionally such a date is known well
in advance and the intake of applications tends to slow prior to the effective
date and the transition to new rules takes place with relatively few active
files. Applications that are unfolding at the time the effective date is known
will need to be re-evaluated to some degree.
3. Refunding application fees for zoning bylaw amendments and site plan
control applications is further amended in the Planning Act (from Bill 109 in
2022). The refunding will now apply to applications received after July 1,
2023. There is also a proposal to exempt certain municipalities from this
requirement but it is unclear which municipalities will be prescribed.
4. Orders by the Minister under Section 47 of the Planning Act (MZO) will be
given expanded power to disregard policy statements. In addition, powers
Page148
will include the ability to impose agreements on developers and
municipalities when a Provincial Land Development Facilitator (a new role
that came into being in 2020) is engaged in the process. An MZO cannot
be appealed. The Facilitator helps resolve planning and development
issues either as an impartial mediator or negotiator on behalf of the
Province.
5. Additional Residential Units — references to a "parcel of urban residential
land" have been replaced by a "parcel of land" so as to permit a second
residential unit (for a total of 3 units per lot — primary and two accessory
units) on parcels in and out of urban or serviced areas. In other words, a
third unit would be permitted on lots that permit residential uses in villages,
hamlets and on farms.
6. Site Plan Control would be reinstated for developments of 10 residential
units or less that are within 120m of a shoreline or 300m of a rail line. Site
Plan Control Bylaws need to be updated for each lower tier to reflect
changes made by Bill 23 and Bill 97.
7. Clarification is provided by the Bill regarding parking spaces for additional
residential units, more specifically that municipalities could not require more
than one parking space per unit as introduced in Bill 23. It is now clear that
the restriction on municipalities does not apply to the primary dwelling, only
the additional residential units.
Proposed Provincial Plannina Statement
The PPS was last updated in 2020 following intensive consultation and in 2014
prior to that. While many areas of the PPS are proposed to remain, there is a
considerable amount of change. Not all sections of the new policy directions have
been released yet for comment as the Natural Heritage Policies are still under
review. The policies as they are proposed to date are summarized here:
1. Lot Creation in the Agricultural Area — Residential lot creation has
traditionally been discouraged or prohibited except for surplus farm dwelling
severances. It is now proposed to be expanded in a significant way. The
new PPS would allow up to three residential lots to be created by Section
4.3.3 from farm lots existing on January 1, 2023 provided that:
a. Agriculture is the principal use of the existing lot
b. The residential uses are compatible with and not hinder surrounding
agricultural operations
c. The new lots are:
i. Not in specialty crop areas - there aren't currently any specialty
crop areas in Perth County.
Page149
ii. Comply with Minimum Separation Distances — this offers
protection for existing livestock operations and additional
residences will introduce new restrictions for locating new
livestock operations.
iii. Are limited to the minimum size needed to accommodate the
use including water and septic — by putting additional private
wells and septic systems in proximity to each other the minimum
lot size will need to be larger as determined by the site specific
soil and groundwater circumstances.
iv. Has access to a public road — this will require that new non -farm
residential lots front roadways. This will have the effect of
pushing livestock operations further back into farm lots.
Locating new livestock housing back from roads is more
expensive for farmers to put in laneways, hydro service, water
services etc. and reduces the efficient use of agricultural land.
v. Is adjacent to existing non-ag land uses or is primarily on lower
priority agricultural lands —the Canadian Soil Classification
System places all Perth County Soils in Class 1 2 or 3. Further
research could be done to further analyze soil types in Perth
County to identify any lower priority ag lands (Class 4 through
7).
There is a discussion in the planning community as to whether the policy
allows three new lots or a total of three lots including the retained farm
parcel. This remains uncertain at this time.
The proposed policy raises the question of will municipalities be able to
adequately evaluate the potential impact of non -farm residential
development on agricultural operations? And if they do will today's context
be enough to prevent hindering future agricultural operations? Generally
speaking more people without an agricultural background who moving to
the countryside will increase conflict related to normal farm practices
(odour, dust, pesticide use, flies, farm equipment, etc). This will make it ever
more challenging for farmers to conduct their normal farm practices on a
day to day basis.
The second important question is `what adjacent non -farm uses' are being
considered and what exactly will the County require to demonstrate `lower
priority ag lands' in order to satisfy the 5t" criteria?
The new PPS does not allow municipalities to put provisions in their OP or
zoning bylaws that are more restrictive than Section 4.3.3.1 listed above,
but perhaps some control can be sought through the interpretation of
Page150
`adjacent non -farm uses' and `lower priority ag lands' in the context of Perth
County's highly productive farmland.
Perth County has been developing a growth plan for the New OP that
accommodates the projected population growth for the next 25 years as
directed by the 2020 PPS. The Watson and Associates Land Needs
Assessment presented to Council on April 6, 2023 calculates that there will
be demand for 290 new households per year for the next 25 years and that
238 hectares is needed in addition to our current inventory to accommodate
that growth on public water and sanitary servicing.
Presumably demand for 290 households a year (as forecast by the 2023
Watson and Associate calculations) will largely be accommodated in the
settlement areas but there will be interest in severing residential lots from
farms and it is quite hard to estimate the impact of that in hectares or in the
number of potential lots. It is an approximation, but assuming 1 hectare per
new lot it is far less efficient land use than in serviced areas and comes with
the addition of serious consequences for livestock farming and farming in
general for Perth County farm operations.
Some other municipalities are simply taking the number of farm parcels and
multiplying by 3 to get some scope on the issue. In Perth County that would
be 8,080 farm parcels, with three new lots each being 24,240 lots at 1 ha
each so the equivalent number of hectares. More realistically you would
have to remove the lots that are smaller than 2 ha to begin with and consider
the MDS calculations for all the existing livestock operations in order to have
clarity about the long-term potential impact of the lot creation policies
proposed by the new PPS in the County. What is easier to envision is that
in each concession block there is probably 2 or 3 farm lots that could
potentially meet the MDS criteria for new lot creation. Putting three new
dwellings, plus any additional dwelling units on each new lot effectively
sterilizes the block from having any new livestock operations and introduces
upwards of 9 new lots and potential for 27 new dwelling units in that block
at a maximum density of only 3 units per hectare if the soils are proven to
be capable of dealing with the effluent from weeping beds, otherwise the
units per hectare is further decreased.
2. Comprehensive Review and Settlement Boundary Expansions — The draft
2023PPS removes reference to a Comprehensive Review and instead
allows for settlement boundary expansions, employment land conversions
and the removal of Prime Agricultural Lands through an OP Amendment at
any time. The Comprehensive Review has been a PPS requirement since
2005. The tests to be applied at the time of an OP Amendment are not as
stringent as they were, but would still require consideration of adequate
Page 151
servicing, phased progression of urban development, and impacts on
agriculture including minimum distance separation through an Agricultural
Impact Assessment.
These changes allow greater flexibility to manage settlement areas and
consider changes in a more streamlined process. It requires greater
intention and care from the municipalities to continue to focus the majority
of growth to fully serviced areas while giving some flexibility for villages and
hamlets.
3. Growth projections and land needs assessment remain critical tools for
managing and planning for growth. The new PPS intends that municipalities
continue to plan for and provide sufficient land to accommodate growth for
at least 25-years instead of "up to" 25 years. Intensification targets would
no longer be required while density targets are needed. County staff will
need to consider revisions to the draft New OP in this regard and re-
evaluate minimum density targets to include in the growth management
policies.
4. References to affordability have been removed and replaced with `housing
options' which is a direction to incorporate a greater variety of dwelling types
as well as variety in ownership and rental models. It is implied that greater
`housing options' is a suitable means to address affordability.
5. Employment Areas are being more strictly preserved for core industrial
uses and prohibiting any mixing of commercial, recreational or institutional
uses. Language continues to be present to ensure Planning Authorities are
giving compatibility between employment uses and sensitive land uses
adequate due diligence. While the policies are not specific about how
employment areas should be updated it offers that at least a 25-year land
supply is needed and planning for employment areas may go beyond this
timeline. In addition, the conversion of employment lands for other uses
would become easier without the requirement for a comprehensive review.
The new PPS provides tests related to minimizing impacts on employment
uses, adequate infrastructure and servicing for the proposed use and an
identified need for the removal of the land over that of the need for the
employment use.
6. The Natural Heritage (Natural Environment) policies and related definitions
are still under consideration by the government and there are no indications
what changes might be proposed or when they will be available for
comment.
Page152
Proposed Comments regarding Bill 97 (Helping Homebuyers, Protecting
Tenants Act, 2023) and Draft Provincial Planning Statement, April 6, 2023
to be sent to the Province:
:III �!fl
1. Perth County is finalizing a draft new Official Plan (OP) prior to public
engagement scheduled for later this year. The new OP provides many
necessary updates in policy to accommodate growth, improve housing
options and protect the agricultural, aggregate and natural environment
resources. Much effort and many resources have been put into
development of an OP that meets the needs of our community and
thoughtfully plans for growth. The additional MZO powers proposed to be
afforded to the Minister lack transparency and do not give sufficient
certainty to the municipality or the public.
Perth County requests that the new additional MZO powers be
removed to ensure municipal planning authorities have the tools
needed to right size the settlement areas, effectively plan for
infrastructure, and protect our agricultural land base.
2. Additional Residential Units on farms is an opportunity for affordable
housing and for farm families to accommodate multiple generations on the
farm within a minimum size footprint. Perth County supports this
direction.
Proposed Provincial Planning Statement
1. Perth County is actively planning the accommodation of projected
population growth and housing demand with clear intention to direct for that
growth into settlement areas. Settlement areas are where complete
communities are provided for the greatest amount of people and the most
efficient use of land can be achieved. It is of upmost importance to Perth
County to preserve highly productive farmland for food production and
protect the limited natural heritage and aggregate resources found here.
The proposed Agricultural lot creation policies allowing the creation of three
lots from a farm parcel undermines the growth management efforts of Perth
County and Lower Tier Municipalities to be efficient with land consumption
and maximizing investments in infrastructure.
Perth County is 90% Prime Agricultural Lands and has a diverse, robust
agriculture industry which is necessary for the production of safe food and
in providing food security locally and beyond. Agriculture in Perth County
is an economic pillar both in primary agriculture and indirectly in services,
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inputs, transportation, and business supports.The proposed non -farm
residential lot creation policies introduce a serious threat to the continued
success of our highly productive agricultural area.
Perth County requests the new policies which allow for the creation
non -farm residential lots be removed.
2. Perth County Council supports the removal of the strict Comprehensive
Review requirement in the 2020 PPS. Perth County Council also supports
the requirements for agricultural impact assessments and efficient use of
municipal infrastructure for settlement area boundary expansions.
3. The removal of the definition of affordable with respect to housing from the
PPS allows municipalities flexibility to accommodate affordable housing
definitions that may be aligned with funding and incentive opportunities
available to developers. The removal of affordability targets and reference
to housing and homelessness plans from the PPS makes the province's
expectations for the planning authority related to affordable/attainable
housing unclear.
Perth County Council requests clarity regarding the planning
authority's roles and responsibilities for the provision of affordable
housing options in our communities.
4. Perth County has 11 % Natural Heritage cover on a total land area basis
and is a largely agricultural community. The Natural Heritage System is
incredibly important to the health of the landscape, water systems and in
the prevention of soil erosion. The Natural Heritage Policies in the PPS are
a significant tool which informs the County's ability to adequately evaluate
development proposals and prevent adverse effect on the existing Natural
Heritage System.
The County of Perth is currently engaged in an extensive consultation with
landowners related to Natural Heritage Systems mapping and is also
reviewing policy regarding Natural Heritage in a draft of a New OP for the
County. Perth County requests timely action by the province to share
proposed Natural Heritage Policies.
Others Consulted:
County Planning Directors Group, Western Ontario Wardens Caucus Planning
Working Group, Dr. Wayne Caldwell
Connection to Strategic Plan:
Goal 1 — Growth & Economic Development
Goal 2 — Regionalization & Service Effectiveness
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Goal 4 — Community Development & Planning
Reviewed By:
Lori Wolfe, CAO
Page155
MOVED BY Councillor Williams
SECONDED BY Councillor Lang
RESOLUTION
RESOLUTION NO 2023- C6
DATE May 15, 2023
WHEREAS the goal of increasing housing supply and reducing barriers in planning
processes as set out in the recent legislative, regulatory and policy changes, including
new provisions from Bill 23, More Homes Built Faster Act, 2022 is welcomed; and
WHEREAS the proposed PPS (sections 2.6 and 4.3) would dramatically remove
municipal power and renders aspects of the County's Official Plan, and other official
plans throughout Ontario inoperative, terminating some local planning autonomy, and
directly interfering with municipalities' ability to meet local variation and unique
community needs; and
WHEREAS the proposed PPS changes that would allow proliferation of lots with
protection restricted to specialty crop areas only diminishes the purpose, uses, and
integrity of rural and agricultural lands, thereby removing protection and restricting
future uses of those lands; and
WHEREAS the proposed PPS changes encourage sprawl and rural roadway strip
development, rather than more fiscally and environmentally sustainable practices like
intensification in established settlement areas; and
WHEREAS the province has announced changes will be proposed to natural heritage
(section 4.1) that have yet to be published.
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the United
Counties of Stormont, Dundas, and Glengarry urges the province to:
pause proposed changes to the PPS, particularly regarding natural heritage
(section 4.1) and agricultural lands (sections 2.6 and 4.3)
• reinvest trust in the local planning authority of all 444 municipalities, recognizing
that each Ontario municipality has unique landscapes, different housing needs
and differing visions for local planning matters
AND THAT our fellow municipalities be urged to voice their concerns regarding the
proposed undermining of local planning authority;
AND FURTHER THAT a copy of this resolution be sent to all 444 municipalities, The
Hon, Doug Ford, Premier of Ontario, The Hon. Steve Clark, Minister of Municipal Affairs
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i
�I
and Housing; The Hon. Lisa Thompson, Ministry of Agriculture, Food and Rural Affairs,
The Hon. David Piccini, Minister of Environment, Conservation and Parks, Stormont-
Dundas-South Glengarry MPP Nolan Quinn, Glengarry -Prescott -Russell MPP Stephane
Sarrazin , the Association of Municipalities of Ontario, the Rural Ontario Municipal
Association, the Federation of Canadian Municipalities, and the Eastern Ontario
Wardens Caucus.
CARRIED 0 DEFEATED ❑ DEFERRED
WARDEN
Page157
June 27, 2023
Ontario Human Rights Commission is Calling for
Written Submissions to Develop an Action Plan to
Tackle Anti -Black Racism in Education
TORONTO — The Ontario Human Rights Commission (OHRC) has reached an
important milestone with the release of its What We Heard Report on Anti -Black
Racism in Ontario's publicly -funded Education System.
The OHRC is now calling for written submissions to identify concrete and
practical solutions to combat anti -Black racism and hold duty -holders
accountable.
The report summarizes key themes from two days of roundtable discussions with
students and duty -holders in the education sector on how to address systemic
discrimination in Ontario's publicly funded education system.
The report and a Compendium of Recommendations, a compilation of reports
over seven decades, are available to help guide submissions that will inform the
development of recommendations.
Visit ohrc.on.ca to learn how to send in your submissions. Written submissions
will be accepted until September 30, 2023, with community engagements taking
place this summer and fall. The OHRC is committed to creating an environment
where all stakeholders and partners can contribute to the collective goal of
tackling anti -Black racism in Ontario's public education system. The OHRC will
continue to work in collaboration with all parties to improve opportunities and
outcomes for students disproportionately affected by discrimination in Ontario
Quick Facts
Page 158
• The OHRC held roundtable discussions in April 2023 with Black
Anglophone and Francophone students and duty -holders in the education
sector to hear directly from them on solutions to address anti -Black racism
in education.
• The Compendium of Recommendations comprises 83 reports spanning
seven decades (1948 to 2023) that highlights the existence and impact of
anti -Black racism in education on students, families, and communities.
With over 190 recommendations identified, this compendium aims to
provide historical context, educate the public, and fuel productive
dialogue.
• Submissions from the public, stakeholders and interest groups will inform
an Action Plan to be released in Spring 2024.
Learn More
Anti -Black Racism in Education: Call for Written Submissions I Ontario
Human Rights Commission (ohrc.on.ca)
What We Heard Report (ohrc.on.ca)
Compendium of Recommendations (ohrc.on.ca)
Engagement Guide (ohrc.on.ca)
Read more about OHRC's Anti -Black Racism in Education initiatives
—30—
Media Contact:
Nick Lombardi — Senior Strategic Communications Advisor
Ontario Human Rights Commission
Email: nick. lombardi(a)-ohrc.on.ca
"The Ontario Human Rights Commission promotes and enforces human rights to create a
culture of human rights accountability."
www.ohrc.on.ca www.facebook.com/the.ohrc twitter.com/OntHumanRights
Le 27 juin 2023
La Commission ontarienne des droits de la personne
lance un appel d'observations ecrites afin d'elaborer un
plan d'action pour lutter contre le racisme envers les
Noirs en education
3
Page159
TORONTO — La Commission ontarienne des droits de la personne (CODP) a
franchi une 6tape importante avec la publication de son Rapport sur Ce que
nous aeons entendu pour lutter contre le racisme envers les Noirs au sein du
systeme d'6ducation de I'Ontario finance par les fonds publics.
La CODP sollicite maintenant des observations 6crites afin de trouver des
solutions concretes pour lutter contre le racisme envers les Noirs en education et
tenir les detenteurs d'obligations responsables de leurs actes.
Le rapport resume les principaux themes abordes lors de deux jours de tables
rondes avec des 61eves et des detenteurs d'obligations du secteur de 1'6ducation
sur la maniere de lutter contre la discrimination systemique dans le systeme
d'6ducation de I'Ontario finance par les fonds publics.
Le rapport et le Recueil des recommandations, une compilation des rapports
redig6s au cours des sept dernibres decennies, sont disponibles pour aider a
orienter les presentations sur lesquelles 1'Elaboration des recommandations
reposera.
Consultez le site ohrc.on.ca pour savoir comment envoyer vos contributions. Les
observations ecrites seront acceptees jusqu'au 30 septembre 2023, et des
consultations communautaires auront lieu cet 6te et cet automne. La CODP
s'engage a creer un environnement dans lequel toutes les parties prenantes
peuvent contribuer a l'objectif collectif de lutte contre le racisme envers les Noirs
au sein du systeme d'6ducation publique de I'Ontario. La CODP continuera a
travailler en collaboration avec toutes les parties afin d'am6liorer les possibilites
et les r6sultats des 616ves touches de maniere disproportionnee par la
discrimination en Ontario.
Faits en bref
• La CODP a organise des tables rondes en avril 2023 avec des 61eves
noirs francophones et anglophones et des detenteurs d'obligations dans
le secteur de I'6ducation afin d'entendre directement leur avis sur les
solutions a apporter pour lutter contre le racisme envers les Noirs en
Education.
• La CODP a 6galement compile un Recueil de recommandations a
partir de 83 rapports couvrant sept decennies (de 1948 a 2023),
soulignant 1'existence du racisme envers les Noirs dans le secteur de
I'education et son incidence sur les 61eves, les families et les
communaut6s. Recensant plus de 190 recommandations, ce recueil vise
a fournir un contexte historique, a 6duquer le public et a alimenter un
dialogue productif.
• La CODP prevoit de publier un rapport sur le plan d'action au printemps
2024, assorti de recommandations, et collaborera avec des partenaires
Page 160
communautaires pour suivre et surveiller ses progres et sa mise en
oeuvre.
Pour en savoir plus
Lutte contre le racisme anti-Noirs en education Appel d'observations
ecrites I Ontario Human Rights Commission (ohrc.on.ca)
Rapport sur « Ce que nous avons entendu » Tables rondes sur la lutte
contre le racisme envers les Noirs en education
Racisme envers les Noirs en education: Recueil de recommandations
Guide de participation a ('initiative de lutte contre le racisme envers les
Noirs en education
En savoir plus sur les initiatives de la CODP en matiere de lutte contre le
racisme envers les Noirs en education
—30—
Renseignements pour les medias :
Nick Lombardi — conseiller principal en communications strategiques
Commission ontarienne des droits de la personne
Courriel : nick. lombardi cji.ohrc.on.ca
« La Commission ontarienne des droits de la personne promeut et met en Oeuvre les
droits de la personne, afin de creer une culture de responsabilite en matiere de droits de
la personne.
http://www.ohrc.on.ca/fr www.facebook.com/LaCODP twitter.com/LaCODP
5
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