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HomeMy WebLinkAbout2023-12-08Clarftwn Electronic Council Communications Information Package Date: December 8, 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) December 8, 2023 Pages 1. Region of Durham Correspondence 1.1 Petition for Watermain Construction on Cigas Road, Courtice - December 3 1, 2023 1.2 Petition for Construction on Sanitary Sewers on Cigas Road, Courtice - 6 December 1, 2023 1.3 Durham Region's Response to Proposed GO Transit Station Funding Act 9 which is a Section within Bill 131: Transportation for the Future Act, 2023 - November 30, 2023 1.4 Durham Region's Response to the Proposed Affordable Homes and 32 Good Jobs Act (Bill 134) - November 29, 2023 1.5 Update on Phase 2 Construction of the Regional Rd. 18 Pilot 55 Reconstruction Project using Recycled Materials and Approval to Tender and Construct Future Projects - November 29, 2023 1.6 Monitoring of Growth Trends - December 1, 2023 73 2. Durham Municipalities Correspondence 3. Other Municipalities Correspondence 3.1 Town of Plympton-Wyoming - Support to Revoke Strong Mayor Powers 81 and Increase in the Leave to Construct Threshold - December 1, 2023 4. Provincial / Federal Government and their Agency Correspondence 4.1 Ministry of Natural Resources and Forestry - Release of Decision 87 Regarding Technical Bulletin: Data Survey and Mapping Specifications 5. Miscellaneous Correspondence 5.1 Minutes from the Energy from Waste - Waste Management Advisory 89 Committee dated November 28, 2023 5.2 Ganaraska Region Conservation Authority - Programs and Services 94 Inventory - December 8, 2023 Page 2 December 1, 2023 7 DURHAM REGION The Regional Municipality of Durham Works Department 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON LIN 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 durham.ca John Presta P.Eng., MPA Commissioner of Works Municipality of Clarington June Gallagher, Municipal Clerk 40 Temperance Street Bowmanville, ON L 1 C 3A6 Re: Petition for Watermain construction on Cigas Road, Courtice Regional staff are conducting a petition for a watermain on Cigas Road, Courtice in order to service approximately 22 properties. It is important to note that should the watermain construction proceed based on a successful petition, the actual project cost of the watermain will be fully recovered from the benefitting property owners through collection of area specific frontage charges. Please be advised that frontage charges are payable by all property owners following completion of the work, regardless of whether or not that property owner chooses to connect to the watermain. The water service connection charge remains payable only when and if a property owner chooses to connect. The Region requests that you, as the property owner, respond by the date outlined on the attached form indicating whether or not you are in favour of proceeding with the construction of the watermain across the frontage of your property. Regulation 586/06 of the Municipal Act requires the support of at least 67 percent of the owners representing a minimum of 50 percent of the assessed property value of the benefitting lands in order to proceed with the design and construction of the watermain. Once the Region receives the petition results, the results of the petition will be filed with the Regional Clerk, and the Regional Clerk will then certify the sufficiency of the petition. Certified petition results are final and will be reported to Regional Council. In the event that the petition is successful, one water service connection will be provided to each property with a building on it. All the property owners abutting the new watermain will be responsible for their share of the cost. The share to be borne by each property owner will consist of the following: Frontage Charge - This charge will be imposed on each owner following completion of the work. Alternatively, each owner may elect to pay in installments over a 10-year or 15-year period at an annual interest rate of 1.5% above the prime lending rate of the Region's financial institution. Owners will be required to pay the frontage charge at the time the watermain is deemed functional whether connection is made to the water system or not. .../Page 2 Page 3 Page 2 Connection Charge - The owner will be required to pay for the water service connection from the watermain to the property line at the time of connection to the water system. Specific costs for your property are included on the attached form. This property is currently vacant. Should the petition be successful, the property owner will be responsible for the actual cost of constructing the appropriate - sized water service at the time of connection. All works on private property (works outside of the municipal right-of-way including, but not limited to, underground piping, internal and external plumbing, the abandonment of unused wells, etc.) are the responsibility of the property owner. Once connected to the water system, each customer will pay a water user charge to contribute toward the operation and maintenance of the water system based on the water consumed. Please complete the attached form indicating whether or not you support the project, understanding the timing for the payment of the required charges described above. When responding to the petition, please answer only the question included on the petition response form. No response to the petition or any additional comments or stipulations to the petition will render your vote null and void and will be considered a `No' vote. Your property may also be subject to a petition for the construction of a sanitary sewer. If this is the case, kindly respond to the sanitary sewer and water petitions separately, as indicated on the attached form(s). If you have any questions or comments on the above, please contact myself or Tracey Reid (extension 3516) at your convenience. Charlotte Pattee, P.Eng. Development Approvals Attach. If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102, ext. 2009. Page 4 Petition for watermain construction on Cigas Road, Courtice Costs specific to 43 Cigas Road, 181701005005953 1, as owner of the above noted property, have (please print) reviewed the information supplied and acknowledge that I will be responsible for the following costs to be paid. to the Regional Municipality of Durham should this petition for water services be successful: Frontage Charges Frontage: 8.84 m Current Estimated Rate = $1,053.40 per m Total Estimated Frontage Charge = $9,312.06 Notes: (i) Frontage Charges are payable upon completion of construction regardless of whether a connection to the watermain is made or not. (ii) The actual project cost will be recovered through the frontage charges at the time they are payable. Estimates are provided above for example purposes only. Based on the above (please indicate your preference with an X): am in favour of the construction of the watermain ❑ I am not in favour of the construction of the watermain ❑ (Signature) Please complete this form and mail it to Tracey Reid in the addressed envelope provided on or before December 22, 2023. Page 5 December 1, 2023 Municipality of Clarington June Gallagher, Municipal Clerk 40 Temperance Street - Bowmanville, ON L1 C 3A6 • Re: Petition for construction of Sanitary Sewers on Cigas Road, Courtice The Regional Municipality of Property owners have requested staff to conduct a petition for a sanitary sewer Durham along Cigas Road, Courtice, in order to service 21 properties. Works Department It is important to note that should the sanitary sewer construction proceed based 605 Rossland Rd. E. on a successful petition, the actual project cost of the sanitary sewer will be fully Level recovered from the benefitting property owners through collection of area PO Box 623 specific frontage charges. Please be advised that frontage charges are payable Whitby, ON LIN 6A3 by all property owners following completion of the work, regardless of whether or Canada not that property owner chooses to connect to the sanitary sewer system. The 905-668-7711 sanitary service connection charge remains payable only when and if a property 1-800-372-1102 owner chooses to connect. Fax: 905-668-2051 durham.ca The Region requests that you, as the property owner, respond by the date John Presta outlined on the attached form indicating whether or not you are in favour of P.Eng., MPA proceeding with the construction of the sanitary sewer across the frontage of Commissioner of your property. Regulation 586/06 of the Municipal Act requires the support of at Works least 67 percent of the owners representing a minimum of 50 percent of the assessed property value of the benefitting lands in order to proceed with the design and construction of the sanitary sewer. Once the Region receives the petition results, the results of the petition will be filed with the Regional Clerk, and the Regional Clerk will then certify the sufficiency of the petition. Certified petition results are final and will be reported to Regional Council. In the event that the petition is successful, one sanitary service connection will be provided to each property. All property owners abutting the new sanitary sewer will be responsible for their share of the cost. The share to be borne by each property owner will consist of the following: Frontage Charge - This charge will be imposed on each owner following completion of the work. Alternatively, each owner may elect to pay in installments over a 10-year or 15-year period at an annual interest rate of 1.5% above the prime lending rate of the Region's financial institution. Owners will be required to pay the frontage charge whether connection is made to the sanitary sewer system or not. Connection Charge - The owner will be required to pay for the 100 mm sanitary service connection from the sanitary sewer to the property line at the time of connection to the sanitary system. ... /Page 2 Page 6 Page 2 Specific costs for your property are included on the attached form. Please note that all works on private property (works outside of the municipal right-of-way including, but not limited to, underground piping, internal and external plumbing, the abandonment of unused septic systems, etc.) are the responsibility of the property owner. Once connected to the sanitary sewer system, each customer will pay a sewer user charge to contribute toward the operation and maintenance of the sewer system based on the water consumed. Please complete the attached form indicating whether or not you support the project and understand the timing for the payment of the required charges described above. When responding to the petition, please answer only the question included on the petition response form. Any additional comments or stipulations to the petition will render your vote null and void and will be considered a `No' vote. Your property may also be subject to a petition for the construction of a watermain. If this is the case, kindly respond to the sanitary sewer and water petitions separately, as indicated on the attached form(s). If you have any questions or comments on the above, please contact myself or Tracey Reid (extension 3516) at your convenience. Yours truly, 1;� Charlotte Pattee, P.Eng. Development Approvals Attach. If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102, ext. 2009 Page 7 Petition for sanitary sewer construction on Cigas Road, Courtice Costs specific to 43 Cigas Road, 181701005005953 1, as owner of the above noted property, have (please print) reviewed the information supplied and acknowledge that I will be responsible for the following costs to be paid to the Regional Municipality of Durham should this petition for sanitary sewer services be successful: Frontage Charges Frontage: 8.84 m Current Estimated Rate = $1,613.96 Total Estimated Frontage Charge = $14,267.41 Notes: (i) Frontage Charges are payable upon completion of construction regardless of whether a connection to the sanitary sewer system is made or not. (ii) The actual project cost will be recovered through the frontage charges at the time they are payable. Estimates are provided above for example purposes only. Based on the above (please indicate your preference with an (X): I am in favour of the construction of the sanitary sewer ❑ I am not in favour of the construction of the sanitary sewer ❑ (Signature) Please complete this form and mail it to Tracey Reid in the addressed envelope provided on or before December 22, 2023. Sent Via Email • November 30, 2023 The Regional June Gallagher Municipality of Clerk Durham Municipality of Clarington 40 Temperance Street Corporate Services Clarington, ON L1 C 3A6 Department — Legislative Services Division Dear June: 605 Rossland Rd. E. RE: Durham Region's response to the proposed GO Transit Level 1 Station Funding Act, which is a section within Bill 131: PO Box 623 Transportation for the Future Act, 2023 Our File: T05 Whitby, ON L1 N 6A3 Canada 905-668-7711 Council of the Region of Durham, at its meeting held on November 29, 1-800-372-1102 2023, adopted the following recommendations of the Committee of the Whole: durham.ca "A) That the letter from the Acting CAO to the Province of Ontario Alexander Harras M.P.A. as contained in Attachment 2 to Report #2023-COW-38 of the Director of Commissioners of Finance and Planning and Economic Legislative Services Development, be endorsed as Durham Region's response to & Regional Clerk Ontario's Regulatory Registry post regarding the proposed GO Transit Station Funding Act, 2023 which identifies the Region's strong support for this legislation and recommends that the Province consider the following amendments to the proposed legislation: i) That section 3(3) of the draft legislation be amended to allow for the Minister's discretion to determine the definition of "construction" to ensure that prescribed municipalities are able to recover costs related to a GO Transit station, that have been incurred prior to the passing of the by-law; and ii) That a consequential amendment to the definition of applicable law under section 1.1.4.3.(1) of the Ontario Building Code be enacted by the Province to permit municipal Chief Building Officials from withholding building permits if the required Transit Station Charge has not been paid, pursuant to section 9 of the GO If you require this information in an accessible format, please call 1-800-372-1102 ext. 2097. Page 9 0 DURHAM REGION The Regional Municipality of Durham Corporate Services Department — Legislative Services Division 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 durham.ca Alexander Harras M.P.A. Director of Legislative Services & Regional Clerk Transit Station Funding Act, 2023, consistent with other similar charges; and B) That a copy of Report #2023-COW-38 and Council resolution be sent to the Municipality of Clarington and the City of Oshawa." Please find enclosed a copy of Report #2023-COW-38 for your information. Alexander Harras, Director of Legislative Services & Regional Clerk AH/sd Enclosed c: B. Bridgeman, Commissioner of Planning & Economic Development N. Taylor, Commissioner of Finance If you require this information in an accessible format, please call 1-800-372-1102 ext. 2097. Page 10 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564. The Regional Municipality of Durham Report To: Committee of the Whole From: Commissioner of Finance and Commissioner of Planning and Economic Development Report: #2023-COW-38 Date: November 15, 2023 Subject: Durham Region's response to the proposed GO Transit Station Funding Act, which is a section within Bill 131: Transportation for the Future Act, 2023 Recommendation: That the Committee of the Whole recommends to Regional Council: A) That the letter from the Acting CAO to the Province of Ontario as contained in Attachment 2 to Report #2023-COW-38, be endorsed as Durham Region's response to Ontario's Regulatory Registry post regarding the proposed GO Transit Station Funding Act, 2023 which identifies the Region's strong support for this legislation and recommends that the Province consider the following amendments to the proposed legislation: i) That section 3(3) of the draft legislation be amended to allow for the Minister's discretion to determine the definition of "construction" to ensure that prescribed municipalities are able to recover costs related to a GO Transit station, that have been incurred prior to the passing of the by-law; and ii) That a consequential amendment to the definition of applicable law under section 1.1.4.3.(1) of the Ontario Building Code be enacted by the Province to permit municipal Chief Building Officials from withholding building permits if the required Transit Station Charge has not been paid, pursuant to section 9 of the GO Transit Station Funding Act, 2023, consistent with other similar charges. Page 11 Report #2023-COW-38 Paae 2 of 7 B) That a copy of this report and Council resolution be sent to the Municipality of Clarington and the City of Oshawa. Report: 1. Purpose 1.1 The purpose of this report is to seek endorsement of Regional staff's submission to the province dated October 25, 2023, regarding the proposed GO Transit Station Funding Act 2023, which is a section within Bill 131: Transportation for the Future Act, 2023. 1.2 On September 25, 2023, the Province of Ontario introduced the proposed GO Transit Station Funding Act. If enacted, the legislation would enable both upper, single and lower -tier municipalities to support the delivery of new GO Stations by the collection of a Transit Station Charge generated from development projects being built surrounding Transit Oriented Communities. 1.3 The proposed Bill was posted for a 30-day comment period on the Ontario Regulatory Registry, which ended on October 25, 2023 (23-MO1004). As such, Regional staff had to submit preliminary comments in order to ensure that Durham Region's comments were received prior to the commenting deadline. Should Council wish to offer additional comments or alter the staff submission, a revised response to the Province will be submitted. 2. Background 2.1 The Region of Durham has been working with various provincial governments for over 30 years to expand GO train service to Bowmanville, which is a 20-kilometer extension involving four proposed new GO stations in the Municipality of Clarington and the City of Oshawa. 2.2 On December 7, 2017, Metrolinx awarded a Technical Advisor contract to Stantec to provide technical advisory, design, and construction support services for the Lakeshore GO East Extension to Bowmanville. The Technical Advisor has designed the Extension only and not the stations to approximately 50 per cent, in anticipation of awarding a Construction Manager at Risk contract to refine and bring the Extension to 100 per cent design and priced for construction. Page 12 Report #2023-COW-38 Paae 3 of 7 2.3 In 2018, Metrolinx introduced its Market Driven Strategy (MDS). This strategy introduced the concept of "the benefiter pays", where the Province would no longer pay for new GO stations. Instead, Metrolinx would leverage the value of the new transit service and would work with landowners adjacent to GO stations, (who stand to benefit the greatest from the introduction of the transit service), to pay for the station in exchange for the rapid transit service. 2.4 The MDS is based on the ability of a single developer to pay for and build a GO station in exchange for the increased land value associated with the new transit infrastructure. 2.5 Despite having carried out an engagement process to identify station partners, it has proven challenging for Metrolinx to secure developer agreements to pay for any of the four stations, underpinned by the following reasons: a. The fragmented land ownership around the proposed stations means that no single land parcel can generate enough land value uplift to support paying for stations; and b. The land value uplift and Regional market conditions are not strong enough within the Durham context for any single developer to absorb the cost of a station while supporting a viable development. 2.6 On June 15, 2023, Metrolinx awarded the rail extension Construction Manager at Risk (CMAR) contract to Bowmanville Construction Partners which is a general partnership between Ledcor CMI Ltd. and Dragados Canada Inc. This consortium will advance the rail extension to 100 per cent design for Metrolinx and will be the preferred contractor to build the Extension. At present, the CMAR does not include the design or construction of the four proposed stations. 3. Previous Reports and Decisions 3.1 On May 6, 2022, the Commissioner of the Planning and Economic Development Department released Council Information Report #2022-INFO-38, "Approval of the Lakeshore East GO Extension to Bowmanville". 3.2 On March 29, 2023, Council considered and endorsed confidential staff report 2023- COW-11 containing information regarding the Bowmanville GO Extension station funding strategies. Page 13 Report #2023-COW-38 Page 4 of 7 4. GO Transit Station Funding Act, 2023, which is a section within Bill 131: The Transportation for the Future Act 2023 4.1 On September 25, 2023, the Province introduced new legislation, titled the GO Transit Station Funding Act, 2023 which is a section within Bill 131: the Transportation for the Future Act, 2023 (Attachment 1). 4.2 The GO Transit Station Funding Act, 2023 would allow municipalities in the Metrolinx service area, to upfront the cost of GO stations and recover this cost through a mandatory Transit Station Charge, to be paid by landowners developing their lands in an area prescribed around GO station stops. The Bill was subject to a 30-day review and comment period. 4.3 If passed, the GO Transit Station Funding Act legislation would: a. give municipalities the ability to pass a by-law to collect a Transit Station Charge to be levied on residential and non-residential development within a prescribed area around a proposed new GO station, provided a by-law is passed before the construction of the GO station begins; b. require that the Transit Station Charge would only be to recover costs related to station design and construction, including interest costs; c. make the charge payable upon the issuance of a building permit, with some provisions for earlier or later payments; d. establish reporting requirements for participating municipalities and a recourse for unpaid charges; e. require municipalities that choose to enact a Station Charge by-law to undertake a Study to set the rate of the Transit Station Charge, establish the land area where the charges will apply and illustrate any "municipal offsets" for the charge (such as reduced parking requirements). The by-law would be subject to public consultation and would need to be reviewed and approved by the Minister of Infrastructure before coming into effect; and f. exempt school boards and post -secondary education institutions from paying the charge. Page 14 Report #2023-COW-38 Paae 5 of 7 4.4 Regional staff have reviewed the proposed legislation and provide the following comments: 1. The proposed funding tool in the new legislation is a positive step forward and may be appropriate to use to ensure that all four of the new GO stations are delivered as part of the Metrolinx Bowmanville GO Extension project. Many of the implementing details for the tool will be determined in the Regulations, the drafting of which are underway by the Ministry of Infrastructure. 2. Under this legislation, the Region could, subject to Council approval, upfront the costs of the new GO Train stations and be paid back from the proceeds of the Transit Station Charge. If this approach is taken, an enabling by-law will need to be passed by the Region. If the Region were to consider use of the new legislation, certain amendments are recommended as set out below: a. "Regional staff request that section 3(3) be amended to require by-laws be passed in relation to a GO Transit station only if construction of the station has not yet begun at the time the by-law has passed, or at the discretion of the Minister." The current language may preclude a prescribed municipality from recovering design and pre -construction costs as these costs are incurred prior to a by-law being passed. Further, the Bowmanville GO Extension is proceeding quickly, and there are concerns about timing of passage of the by-law before early work construction takes place. Hence, the request for the definition of construction to be added in the legislation to ensure that these station costs can be recovered. b. "A consequential amendment to the definition of applicable law under section 1.1.4.3.(1) of the Ontario Building Code is required to permit municipal Chief Building Officials from withholding building permits if a charge has not been paid, pursuant to section 9 of the Go Transit Station Funding Act, 2023, consistent with other similar charges." This amendment is critical to ensure that the landowner developing the property has fully paid the Transit Station Charge prior to a building permit being issued. This is designed to ensure that the prescribed municipalities revenue source is protected, and that the charge cannot be inadvertently downloaded to the consumer. 4.5 Attachment 2 is Regional staff's formal submission to the province through the Ontario Regulatory Registry which was sent by staff on October 25, 2023. Page 15 Report #2023-COW-38 5. Next Steps Paae 6 of 7 5.1 The Region will continue to explore the use of the new legislation as a means to ensure GO station delivery for the Bowmanville GO Extension project by working with the Ministry of Infrastructure on the draft regulations, and report back to Council accordingly. 6. Relationship to Strategic Plan 6.1 The Extension will improve mobility and travel options, supports transit -oriented development and in particular, housing, and aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Goal 1 Environmental Sustainability: Objective 1.5: Expand sustainable and active transportation. b. Goal 2 Community Vitality: Objective 2.1: Revitalize existing neighbourhoods and build complete communities that are walkable, well-connected, and have a mix of attainable housing. C. Goal 3 Economic Prosperity: Objective 3.3: Enhance communications and transportation networks to better connect people and move goods efficiently. d. Goal 4 Social Investment: Objective 4.1: Revitalize community housing and improve housing choice, affordability, and sustainability. 7. Conclusion 7.1 The province introduced the GO Transit Station Funding Act, 2023, which is a section within Bill 131: Transportation for the Future Act. 7.2 It is recommended that this Report and its recommendations be endorsed as Durham Region's response to the new provincial legislation intended to support the design and construction of new GO stations in the Metrolinx service area. 7.3 This report has been prepared in consultation with the CAO's office and Corporate Services — Legal Services Department. 8. Attachments Attachment 1: Bill 131: the Transportation for the Future Act, 2023 Attachment 2: Region of Durham Submission to the Ontario Regulatory Registry, commenting on Bill 131: the Transportation for the Future Act, 2023 Page 16 Report #2023-COW-38 Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development Original signed by Nancy Taylor, BBA, CPA, CA Commissioner of Finance Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer Paae7of7 Page 17 Attachment 1 Legislative Assemblee Assembly ldgislative of Ontario de 1'Ontario 1ST SESSION, 43RDLEGISLATURE, ONTARIO 2 CHARLES III, 2023 Bill 131 An Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of Toronto Act, 2006 The Hon. K. Surma Minister of Infrastructure Government Bill 1st Reading September 25, 2023 2nd Reading 3rd Reading Royal Assent Page 18 EXPLANATORY NOTE SCHEDULEI CITY OF TORONTO ACT, 2006 The City of Toronto Act, 2006 is amended to provide that the TTC may enter into an agreement with a municipality or local board authorizing the municipality or local board to operate, maintain or both operate and maintain part of a local passenger transportation system within the City. SCHEDULE2 GO TRANSIT STATION FUNDING ACT, 2023 The Schedule enacts the GO Transit Station Funding Act, 2023. The Act will apply to municipalities that are prescribed by regulation. (Section 2) The council of a municipality may, by by-law, impose transit station charges on development to pay for costs related to the construction of a new GO transit station. Certain objectives of the by-law, which the council must be guided by, are set out. Charges may be imposed only for certain types of development. (Section 3) A transit station charge by-law must include a map of the area where charges may be imposed and rules for determining if a charge is payable and the amount of the charge. (Section 4) Before passing a transit station charge by-law, the council of a municipality must complete a background study, give notice of and consult on the study and proposed by-law, pass a resolution requesting the Minister's consent and obtain such consent. (Section 6) A transit station charge is payable when a building permit is issued. Some exceptions are provided for including agreements with the municipality for charges to be payable at a different time. A municipality may charge interest on unpaid charges and an unpaid charge may be collected in the same manner as taxes. (Sections 7 to 11) Transit station charges may be used to pay only the costs the charges were imposed for, interest on amounts a municipality borrows to pay such costs and any other amounts provided for in the transit station charge by-law. (Section 12) Miscellaneous provisions provide for the registration of by-laws against land, provisions relating to tiered municipalities, certain financial matters and the making of regulations by the Lieutenant Governor in Council. (Sections 13 to 19) Consequential amendments are made to the City of Toronto Act, 2006 and the Municipal Act, 2001. (Sections 20 and 21) Page 19 Bill 131 An Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of Toronto Act, 2006 CONTENTS 1. Contents of this Act 2. Commencement 3. Short title Schedule 1 City of Toronto Act, 2006 Schedule 2 Go Transit Station Funding Act, 2023 2023 His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent. (2) The Schedules to this Act come into force as provided in each Schedule. (3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions. Short title 3 The short title of this Act is the Transportation for the Future Act, 2023. Page 20 SCHEDULE 1 CITY OF TORONTO ACT, 2006 1 (1) Section 395 of the City of Toronto Act, 2006 is amended by adding the following subsection: Agreements with municipality or local board (5) Despite subsection (1), the TTC may enter into an agreement with a municipality or local board authorizing the municipality or local board to operate, maintain or both operate and maintain, within the City, part of the municipality's or local board's local passenger transportation system on the conditions specified in the agreement. (2) Section 395 of the Act is amended by adding the following subsection: Same (6) Where an agreement is made pursuant to subsection (5) for the purpose of integrating the services of the local passenger transportation system with those of the system operated by the TTC, the agreement is not a sale or transfer or deemed sale or transfer of the operation or part of the operation of the TTC under the Labour Relations Act, 1995. (3) Section 395 of the Act is amended by adding the following subsection: Same (7) Where an agreement is made pursuant to subsection (5) for the purpose of integrating the services of the local passenger transportation system with those of the system operated by the TTC, the agreement does not constitute contracting out for the purposes of, (a) any collective agreement to which the TTC is a party, including any collective agreement in operation on the day subsection 1 (3) of Schedule 1 to the Transportation for the Future Act, 2023 comes into force; and (b) any terms and conditions of employment of the collective agreement that continue to apply following the expiry of the collective agreement. Plan to Build Act (Budget Measures), 2022 2 Schedule 1 to the Plan to Build Act (Budget Measures), 2022 is repealed. Commencement 3 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Transportation for the Future Act, 2023 receives Royal Assent. (2) Subsections 1 (2) and (3) come into force on a day to be named by proclamation of the Lieutenant Governor. Page 21 1. Definitions 2. Application SCHEDULE 2 GO TRANSIT STATION FUNDING ACT, 2023 CONTENTS DEFINITIONS AND APPLICATION TRANSIT STATION CHARGE BY-LAWS 3. Transit station charge by-laws 4. Requirements for by-law 5. Commencement 6. Preconditions to passing of by-law TRANSIT STATION CHARGES 7. When charge is payable 8. Agreement, early or late payment 9. Withholding of building permit if charge due but not paid 10. Interest on unpaid charges 11. Unpaid charges added to tax roll 12. Use of charges MISCELLANEOUS 13. Registration of by-law 14. Upper -tier municipalities, transit station charges 15. If upper -tier issues building permits 16. Agreement, upper -tier to collect charges 17. Statement of treasurer 18. Incurring debt, issuing debentures, etc. 19. Regulations AMENDMENTS TO OTHER ACTS 20. City of Toronto Act, 2006 21. Municipal Act, 2001 22. Commencement 23. Short title COMMENCEMENT AND SHORT TITLE DEFINITIONS AND APPLICATION Definitions 1 In this Act, "development" includes redevelopment; ("amenagement") "GO Transit station" means a station that is part of the GO Transit system as defined in the Metrolinx Act, 2006; ("station du reseau GO") "Minister" means the Minister of Infrastructure or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; ("ministre") "prescribed" means prescribed by the regulations; ("prescrit") "regulations" means the regulations made under this Act; ("reglements") "transit station charge" means a charge imposed by a transit station charge by-law; ("redevances relatives aux stations de transport en commun") "transit station charge by-law" means a by-law made under section 3. ("r6glement municipal Sur les redevances relatives aux stations de transport en commun") Application 2 This Act applies only with respect to prescribed municipalities. TRANSIT STATION CHARGE BY-LAWS Transit station charge by-laws 3 (1) The council of a municipality may, subject to the requirements of section 6, by by-law impose a transit station charge against land to pay for costs related to the construction of a GO Transit station that the municipality has agreed to pay. Page 22 Guidance for council (2) In considering whether to pass a by-law, the council shall be guided by the principle that the objective of the by-law should be, (a) to support the creation of local and regional transit connections; (b) to encourage the creation and growth of transit -oriented communities near the GO Transit station; and (c) to recover costs related to the construction of the GO Transit station in a reasonable, transparent and fair manner. Limitation — only to new stations (3) A by-law may be passed in relation to a GO Transit station only if construction of the station has not yet begun at the time the by-law is passed. Same (4) Subsection (3) does not apply to, (a) the amendment of a transit station charge by-law; or (b) the passing of a new transit station charge by-law after a previous transit station charge by-law is repealed. Limitation — type of development (5) A transit station charge may be imposed only for development that requires, (a) the passing of a zoning by-law or of an amendment to a zoning by-law 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. Excluded development (6) A transit station charge does not apply with respect to prescribed development. Limited exemption (7) No land, except land owned by and used for the purposes of a municipality or a board as defined in subsection 1 (1) of the Education Act, is exempt from a transit station charge by reason only that it is exempt from taxation under section 3 of the Assessment Act. Requirements for by-law 4 A transit station charge by-law shall include the following: 1. A map of the area within which transit station charges may be imposed. 2. The rules to determine if a transit station charge is payable in any particular case and to determine the amount of the charge. 3. Anything required by the regulations. Commencement 5 A transit station charge by-law or a by-law amending it comes into force on the later of the day it is passed and the day specified in the by-law, if any. Preconditions to passing of by-law 6 (1) Before a council may pass a transit station charge by-law, the council must, in accordance with this section, (a) complete a background study that includes the prescribed information and meets any other prescribed requirements; (b) give notice of the background study and the proposed by-law to the public in such manner as the municipality considers appropriate and consult with such persons, public bodies and communities as the municipality considers appropriate; (c) pass a resolution requesting that the Minister consent to the passing of the by-law; and (d) obtain the Minister's consent to pass the by-law, subject to any modifications that the Minister may specify. Page 23 Resolution requirements (2) A resolution under clause (1) (c) shall, (a) identify the area to which the proposed by-law would apply; and (b) include a draft of the proposed by-law. Forwarding to Minister (3) No later than 15 days after the resolution is passed, the municipality shall forward to the Minister, (a) a copy of the resolution and background study; (b) a description of the consultation undertaken under clause (1) (b); and (c) any prescribed information and material. Other information (4) The Minister may require the municipality to provide such other information or material that the Minister considers necessary for the purposes of this Act. Consent (5) The Minister may give consent to the municipality to, (a) pass the proposed by-law; or (b) pass the proposed by-law with such modifications as the Minister may specify. Application to amendments (6) This section applies, with necessary modifications, to an amendment of a transit station charge by-law. TRANSIT STATION CHARGES When charge is payable 7 (1) A transit station charge is payable for a development upon a building permit being issued for the development. Multiple building permits (2) If a development consists of one building that requires more than one building permit, the transit station charge for the development is payable upon the first building permit being issued. Multiple phases (3) If a development consists of two or more phases that will not be constructed concurrently and are anticipated to be completed in different years, each phase of the development is deemed to be a separate development for the purposes of this section. Rental housing development, institutional development (4) The regulations may provide for transit station charges for rental housing development and institutional development to be payable as set out in the regulations. Agreement, early or late payment 8 (1) A municipality may enter into an agreement with a person who is required to pay a transit station charge providing for all or any part of a charge to be paid before or after it would otherwise be payable. Amount of charge payable (2) The total amount of a transit station charge payable under an agreement under this section is the amount of the charge that would be determined under the transit station charge by-law on the day specified in the agreement or, if no such day is specified, at the earlier of, (a) the time the charge or any part of it is payable under the agreement; and (b) the time the charge would have been payable in the absence of the agreement. Interest on late payments (3) An agreement under this section may allow the municipality to charge interest, at a rate stipulated in the agreement, on that part of the transit station charge paid after it would otherwise be payable. Withholding of building permit if charge due but not paid 9 Despite any other Act, a municipality is not required to issue a building permit for development to which a transit station charge applies if the charge or any part of it is payable but has not been paid. Page 24 Interest on unpaid charges 10 (1) A municipality may charge interest on any transit station charge or part of such a charge that is not paid when it is payable. Same (2) The maximum interest rate that a municipality may charge shall be determined in accordance with the following rules: 1. A base rate of interest shall be determined for each adjustment date and shall be equal to the average prime rate on, i. October 15 of the previous year, if the adjustment date is January 1, ii. January 15 of the same year, if the adjustment date is April 1, iii. April 15 of the same year, if the adjustment date is July 1, and iv. July 15 of the same year, if the adjustment date is October 1. 2. The base rate of interest in effect on a particular date shall be, i. the base rate for the particular date, if the particular date is an adjustment date, and ii. the base rate for the last adjustment date before the particular date, otherwise. 3. The maximum rate of interest that may be charged shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for that day. Maximum interest rate (3) In this section, "adjustment date" means January 1, April 1, July 1 or October 1; ("date de rajustement") "average prime rate", on a particular date, means the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto -Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. ("taux preferentiel moyen") Unpaid charges added to tax roll 11 (1) If a transit station charge or any part of it remains unpaid after it is payable, the unpaid amount including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and collected in the same manner as taxes. Treasurer to certify unpaid amount (2) If a transit station charge or any part of it imposed by an upper -tier municipality remains unpaid after it is payable, the treasurer of the upper -tier municipality shall certify to the treasurer of the lower -tier municipality in which the land is located the amount that is unpaid. Use of charges 12 Transit station charges may be used to pay only the following: 1. The costs for which the charges were imposed. 2. Interest the municipality pays on any debt incurred by the municipality to pay any costs for which the charges were imposed. 3. Any other amount provided for in the transit station charge by-law. MISCELLANEOUS Registration of by-law 13 A municipality that has passed a transit station charge by-law may register the by-law or a certified copy of it against the land to which it applies. Upper -tier municipalities, transit station charges 14 If a transit station charge is imposed by an upper -tier municipality on a development in a lower -tier municipality, the following apply: 1. The treasurer of the upper -tier municipality shall certify to the treasurer of the lower -tier municipality that the charge has been imposed, the amount of the charge, the manner in which the charge is to be paid and when the charge is payable. Page 25 7 2. The treasurer of the lower -tier municipality shall collect the charge when it is payable and shall, unless otherwise agreed by the upper -tier municipality, pay the charge to the treasurer of the upper -tier municipality on or before the 25th day of the month following the month in which the charge is received by the lower -tier municipality. 3. If the charge is collected by the upper -tier municipality, the treasurer of the upper -tier municipality shall certify to the treasurer of the lower -tier municipality that the charge has been collected. If upper -tier issues building permits 15 If an upper -tier municipality issues building permits, the treasurer of each lower -tier municipality within the upper -tier municipality shall, when all transit station charges are paid with respect to a development in the lower -tier municipality, certify to the chief building official of the upper -tier municipality that those charges have been paid. Agreement, upper -tier to collect charges 16 (1) If building permits are issued by an upper -tier municipality, the upper -tier municipality may agree with a lower -tier municipality to collect all the transit station charges on development in the lower -tier municipality. Application of ss. 14 and 15 (2) If an agreement is made under this section, sections 14 and 15 do not apply with respect to development in the lower -tier municipality. Statement of treasurer 17 (1) The treasurer of a municipality that has passed a transit station charge by-law shall, each year, give the council, (a) a financial statement relating to the by-law that includes, for the preceding year, the amount of costs related to the construction of the GO Transit station that have been funded by transit station charges and the amount of such costs that are to be funded by transit station charges that remain unfunded; and (b) any other information that may be prescribed. Statement available to public (2) The council shall ensure that the statement is made available to the public, (a) by posting the statement on the website of the municipality or, if there is no such website, in the municipal office; and (b) in such other manner and in accordance with such other requirements as may be prescribed. Copy to Minister (3) The treasurer shall give a copy of the financial statement to the Minister on request. Incurring debt, issuing debentures, etc. 18 Paying costs referred to in subsection 3 (1) is a municipal purpose for the purposes of section 401 of the Municipal Act, 2001. Regulations 19 (1) The Lieutenant Governor in Council may make regulations, (a) respecting anything that, in this Act, is referred to as being prescribed or that may or must be done by the regulations; (b) clarifying when construction of a GO Transit station begins for the purposes of subsection 3 (3); (c) governing and modifying the application of subsection 3 (5) including providing for a clause of that subsection to not apply or to apply with specified modifications or prescribing other development for which a transit station charge may be imposed; (d) governing transit station charge by-laws including governing the rules referred to in paragraph 2 of section 4; (e) defining "rental housing development" and "institutional development" for the purposes of subsection 7 (4); (f) requiring a municipality to establish a reserve fund for transit station charges collected by the municipality and governing such a fund; (g) requiring a municipality to keep records in respect of transit station charges collected by the municipality, including records for any reserve fund established by the municipality, and governing such records; (h) prohibiting or limiting a person who incurs or pays a transit station charge for development on land from passing on the cost of that charge to a subsequent purchaser of that land and prohibiting or governing communication, by any person to a purchaser or potential purchaser of land, related to transit station charge fees paid or payable for development on the land. Page 26 Communication — clarification (2) For greater certainty, the communication in respect of which a regulation may be made under clause (1) (h) includes invoices, receipts, signage, displays or listings of prices, fees, costs or charges, and advertisements in any medium. AMENDMENTS TO OTHER ACTS City of Toronto Act, 2006 20 (1) Paragraph 6 of subsection 22 (1) of the City of Toronto Act, 2006 is amended by striking out 11252 (3), (6) and (7)" at the end and substituting "252 (3), (6), (7) and (7.1)". (2) Subsection 252 (1) of the Act is amended by adding the following paragraph: 5. Transit station charges exemptions as provided for in subsection (7.1). (3) Section 252 of the Act is amended by adding the following subsection: Transit station charges exemption (7.1) Despite the GO Transit Station Funding Act, 2023, the City may exempt from the payment of all or part of the transit station charges imposed by the City under that Act land or a portion of it on which municipal capital facilities are or will be located that, (a) is the subject of an agreement under subsection (1); (b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and (c) is entirely occupied and used or intended for use for a service or function that may be provided by the City. (4) Subsection 252 (9) of the Act is amended by striking out "subsections (3), (6) and (7)" in the portion before clause (a) and substituting "subsections (3), (6), (7) and (7.1)". (5) Subsection 252 (16) of the Act is amended by striking out "subsection (6) or (7)" and substituting "subsection (6), (7) or (7.1)". (6) Clause 257 (e) of the Act is repealed and the following substituted: (e) prescribing eligible municipal capital facilities for which the City may and may not grant tax exemptions under subsection 252 (6), development charges exemptions under subsection 252 (7) or transit station charges exemptions under subsection 252 (7.1); Municipal Act, 2001 21 (1) Paragraph 6 of subsection 23.3 (1) of the Municipal Act, 2001 is amended by striking out "110 (3), (6) and (7)" at the end and substituting "110 (3), (6), (7) and (7.1)". (2) Subsection 110 (1) of the Act is amended by adding the following paragraph: 5. Transit station charges exemptions as provided for in subsection (7.1). (3) Section 110 of the Act is amended by adding the following subsection: Transit station charges exemption (7.1) Despite the GO Transit Station Funding Act, 2023, the council of a municipality may exempt from the payment of all or part of the transit station charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that, (a) is the subject of an agreement under subsection (1); (b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and (c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality. (4) Subsection 110 (9) of the Act is amended by striking out "subsections (3), (6) and (7)" in the portion before clause (a) and substituting "subsections (3), (6), (7) and (7.1)". (5) Subsection 110 (16) of the Act is amended by striking out "subsection (6) or (7)" and substituting "subsection (6), (7) or (7.1)" (6) Clause 110 (20) (c) of the Act is repealed and the following substituted: (c) prescribing eligible municipal capital facilities for which municipalities may and may not grant tax exemptions under subsection (6), development charges exemptions under subsection (7) or transit station charges exemptions under subsection (7. 1); Page 27 COMMENCEMENT AND SHORT TITLE Commencement 22 The Act set out in this Schedule comes into force on the day the Transportation. for the Future Act, 2023 receives Royal Assent. Short title 23 The short title of the Act set out in this Schedule is the GO Transit Station Funding Act, 2023. Page 28 Attachment 2 DURHAM REGION The Regional Municipality of Durham Office of the Chief Administrative Officer 605 Ross land Rd. E Level 5 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 durham.ca Elaine Baxter-Trahair Chief Administrative Officer Sent Via Ontario Regulatory Registry October 25, 2023 The Honourable Kinga Surma Minister of Infrastructure Transit Oriented Communities Policy & Delivery Branch College Park 777 Bay Street, 4th Floor, Suite 425 Toronto, ON M5G 2E5 RE: GO Transit Station Funding Act, 2023 Ontario Regulatory Registry Proposal No. 23MO1004 Dear Minister Surma, On behalf of Region of Durham, please accept the following staff commentary in response to the proposed Go Transit Station Funding Act, 2023, pursuant to Bill 131: Transportation for the Future Act, 2023. Please note that due to the commenting period on the Ontario Regulatory Registry, regional staff will be seeking endorsement of this letter at its Regional Council meeting on November 29, 2023. Should any modifications be made by Regional Council, I will immediately advise your office. Regional staff are extremely supportive of the introduction of the Go Transit Station Funding Act, 2023 and the establishment of a new funding tool to enable municipalities to support the construction of critical new GO stations. Regional staff views these matters as advancing the development of transit -oriented communities and the delivery of a broad range of housing to meet the Province's housing targets. As you know, Metrolinx is actively working to extend Lakeshore East GO Rail services through the Region to Bowmanville. As part of this expansion of the GO Rail network, four new GO stations, being Thornton's Corners East, Ritson, Courtice and Bowmanville, are to be located within the Region. The Region has similarly recognized the Bowmanville Expansion as being a critical investment in region -building and community economic vitality. The Region believes the Bowmanville Extension will serve as a catalyst for redevelopment, community improvement, place -making and an important opportunity for additional housing, including affordable housing. Page 29 Attachment 2 Work continues on the Bowmanville Expansion with the recent selection of a construction manager and the recent public review of • the Environmental Project Report Addendum. However, given the Regional market area and fragmented land ownership, delivery of the Bowmanville Expansion GO Stations through the traditional Metrolinx Transit -Oriented Communities Program is a challenge and the The Regional Region is concerned with potential delays to the delivery of the much Municipality of needed stations. Durham Regional staff expects that a Transit Station Charge presents a Office the Chief solution to ensure timely delivery of GO expansion projects, including Administrative Officer the Bowmanville Expansion GO Stations. Regional staff are of the view that reasonable Transit Station Charges imposed on 605 Ross land Rd. E. development applications that will benefit from the significant transit Level 5 investment, together with appropriate permissions to offset costs, will PO Box 623 encourage the creation and growth of transit -oriented communities in Whitby, ON L1 N 6A3 accordance with the guiding principles. Canada 905-668-7711 As the Province moves forward to finalize the legislation and enabling 1-800-372-1102 regulations, Regional staff offer the following additional comments for consideration: durham.ca 1. Regional staff support the Province in ensuring that a Transit Station Charge can only be applied to new GO Stations; Elaine Baxter-Trahair however, it believes that the current language in section 3(3) Chief Administrative of the Go Transit Station Funding Act, 2023 may preclude Officer application of Transit Station Charge By-laws for certain design and pre -construction works, as such works may take place prior to a by-law being passed. To that end, Regional staff request that section 3(3) be amended to provide some discretion by the Minister on the requirement that by-laws be passed in relation to a GO Transit station only if construction of the station has not yet begun. 2. A consequential amendment to the definition of applicable law under section 1.1.4.3.(1) of the Ontario Building Code is required to permit municipal Chief Building Officials from withholding building permits if a charge has not been paid, pursuant to section 9 of the Go Transit Station Funding Act, 2023, consistent with other similar charges. Page 30 Attachment 2 Regional staff welcome the opportunity to further discuss the GO Transit Station Funding Act, 2023 and participate in the UMestablishment of the applicable implementing regulations to support this much needed funding tool to advance the delivery of new GO stations across the Region. The Regional Sincerely, Municipality of Durham Original Signed By Office of the Chief Administrative Officer Nancy Taylor, Commissioner of Finance, BBA, CPA, CA Acting on behalf of Elaine Baxter-Trahair 605 Ross land Rd. E. Chief Administrative Officer Level 5 Regional Municipality of Durham PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 durham.ca Elaine Baxter-Trahair Chief Administrative Officer Page 31 November 29, 2023 June Gallagher Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6. clerks(a--)clarington. net Dear June: The Regional Municipality of RE: Durham Region's response to the proposed Affordable Homes Durham and Good Jobs Act (Bill 134) (2023-F-30), Our File: D06 Corporate Services Department — Council of the Region of Durham, at its meeting held on November 29, Legislative Services 2023, adopted the following recommendations of the Finance & Division Administration Committee: 605 Rossland Rd. E. A) That Report #2023-F-30 of the Commissioner of Level 1 Finance be endorsed as Durham Region's response to PO Box 623 the Environmental Registry of Ontario (ERO) posting Whitby, ON L1 N 6A3 regarding the proposed Affordable Homes and Good Canada Jobs Act, 2023 with the following key comments and 905-668-7711 recommendations that the Province: 1-800-372-1102 durham.ca i. refine the definition of "affordable residential unit" to consider affordability across various unit types (i.e., Alexander Harras single -detached, semi-detached, townhomes, and M.P.A. apartments by number of bedrooms); Director of Legislative Services ii. update the definition of "affordable residential unit" & Regional Clerk to ensure that affordable residential units are only available to households that meet and maintain certain income thresholds; iii. allow municipalities to structure the affordable residential unit exemption to address timing of when DCs are collected relative to when the final purchase price or rental rate is known; and iv. make municipalities whole by fully funding the shortfalls created by the affordable residential unit exemption to avoid transferring the cost of this If you require this information in an accessible format, please contact Eamon n.Rodgers(c)-durham.ca or call 1-800-372-1102 extension 3677. Page 32 exemption to the existing property tax, and water and sewer user rate base. B) That a copy of Report #2023-F-30 of the Commissioner of Finance and Council resolution be sent to all area municipalities in Durham Region and Durham members of Provincial Parliament (MPPs). Please find enclosed a copy of Report #2023-F-30 for your information. Alexander Harras, Director of Legislative Services & Regional Clerk AH/sr c: N. Taylor, Commissioner of Finance Page 33 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2303. The Regional Municipality of Durham Report To: Finance and Administration Committee From: Commissioner of Finance Report: #2023-F-30 Date: November 14, 2023 Subject: Durham Region's response to the proposed Affordable Homes and Good Jobs Act (Bill 134 ) Recommendation: That the Finance and Administration Committee recommends to Regional Council: A) That Report #2023-F-30 be endorsed as Durham Region's response to the Environmental Registry of Ontario (ERO) posting regarding the proposed Affordable Homes and Good Jobs Act, 2023 with the following key comments and recommendations that the Province: refine the definition of "affordable residential unit" to consider affordability across various unit types (i.e., single -detached, semi-detached, townhomes, and apartments by number of bedrooms); update the definition of "affordable residential unit" to ensure that affordable residential units are only available to households that meet and maintain certain income thresholds; iii. allow municipalities to structure the affordable residential unit exemption to address timing of when DCs are collected relative to when the final purchase price or rental rate is known; and iv. make municipalities whole by fully funding the shortfalls created by the affordable residential unit exemption to avoid transferring the cost of this exemption to the existing property tax, and water and sewer user rate base. B) A copy of this report and Council resolution be sent to all area municipalities in Durham Region and Durham members of provincial Parliament(MPPs). Page 34 Report #2023-F-30 Report: Purpose Paae 2 of 6 1.1 The purpose of this report is to seek endorsement of Regional staff's submission dated October 27, 2023 regarding the proposed Affordable Homes and Good Jobs Act, 2023, pursuant to Bill 134: An Act to amend the Development Charges Act, 1997 (DCA) and the St. Thomas - Central Elgin Boundary Adjustment Act, 2023. 1.2 On September 28, 2023, the Province of Ontario introduced the proposed Affordable Homes and Good Jobs Act, 2023. If enacted, the legislation would amend the DCA to change the definition of an affordable residential unit for the purpose of discounting and exempting these units from Development Charges (DCs). 1.3 The proposed Bill was posted for a 30-day comment period on the Environmental Registry of Ontario, which ended on October 28, 2023 (019-7669). As such, Regional staff had to submit preliminary comments prior to the November Committee and Council meetings. 2. Background 2.1 On October 25, 2022, the provincial government introduced: `More Homes, Built Faster: Ontario's Housing Supply Action Plan 2022-2023', which is intended to advance the government's commitment to getting 1.5 million homes built across Ontario over the next 10 years. It made a series of changes intended to support the Provincial objective of building more homes, reduce construction costs and fees, and streamline development approvals, in an effort to help future new homebuyers. 2.2 On November 28, 2022, the Province passed the More Homes, Built Faster Act, 2022 though Bill 23, which introduced a DC exemption for affordable residential ownership and rental units, with the threshold for affordability determined by the Province through a bulletin posted on the website for the Ministry of Municipal Affairs and Housing (i.e. "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin"). 3. Previous Reports and Decisions 3.1 Further details on the implications of Bill 23 can be found in Report #2022-COW-33. 4. Affordable Homes and Good Job Act, 2023 (Bill 134) 4.1 On September 28, 2023, through Bill 134, the Province introduced new legislation, titled the Affordable Homes and Good Jobs Act, 2023 (Attachment 1) designed to supplement the current definition of affordable residential units that was embedded in the DCA through Bill 23. Page 35 Report #2023-F-30 Paae 3 of 6 4.2 The proposed approach to define an affordable residential unit would use the income, rental, and sales data by area municipality as a factor to determine which residential units would be deemed affordable. In addition, the DCA requires a 25- year agreement be executed between the area municipality and the developer/owner with the Ministry to provide a template agreement. 4.3 If passed, the legislation would amend the criteria for an affordable rental residential unit as follows: a. For rental housing, the rent is no greater than the lesser of: the income -based affordable rent for the residential unit set out in the "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin", as identified by the Minister of Municipal Affairs and Housing, and the average market rent identified for the residential unit set out in the "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin". b. In identifying the income -based affordable rent applicable to a residential unit, the Minister of Municipal Affairs and Housing shall, determine the income of a household that, in the Minister's opinion, is at the 60th percentile of gross annual incomes for renter households in the applicable local municipality; and identify the rent that, in the Minister's opinion, is equal to 30 per cent of the income of the household referred to in clause (a). 4.4 If passed, the legislation would amend the criteria for an affordable ownership residential unit as follows: a. For ownership housing, the purchase price no greater than the lesser of: the income -based affordable purchase price for the residential unit set out in the "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin", as identified by the Minister of Municipal Affairs and Housing, and 90 per cent of the average purchase price identified for the residential unit set out in the "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin". b. In identifying the income -based affordable purchase price applicable to a residential unit, the Minister of Municipal Affairs and Housing shall, determine the income of a household that, in the Minister's opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality; and identify the purchase price that, in the Minister's opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a). Page 36 Report #2023-F-30 Paae 4 of 6 4.5 Regional staff have reviewed the proposed legislation and provided the following comments and recommendations that the Province: a. refines the definition of "affordable residential unit" to consider affordability across various unit types (i.e., single -detached, semi-detached, townhomes, and apartments by number of bedrooms); b. updates the definition of "affordable residential unit" to ensure that affordable residential units are only available to households that meet and maintain certain income thresholds; c. allow municipalities to structure the affordable residential unit exemption to address the timing of when DCs are collected relative to the final purchase price or rental rate being known; and d. make municipalities whole by fully funding the shortfalls created by the affordable residential unit exemption to avoid transferring the cost of this exemption to the existing property tax, and water and sewer user rate base. 4.6 Attachment 2 is Regional staff's submission to the Province through the Environmental Registry of Ontario, pending Council's approval. Due to the short comment period, it was not possible to obtain Council's endorsement prior to submission. Should Committee or Council wish to supplement or modify the submission, staff will update the Ministry. 5. Financial and Administrative Implications 5.1 Our analysis suggests that for every 5 per cent of residential units in Durham Region that qualify for the proposed affordable residential unit exemption, there will be an estimated $204M in lost DC revenue for the Region of Durham (not including lost DC revenue at the local municipal level), over the 10-year period between 2024- 2033. This lost revenue will need to be recovered from property taxes, and water and sewer user rates. 5.2 The final sale price of a home, including all selected upgrades, etc., is not known until the sale is closed. Similarly for rentals, the rent is not known until a lease is signed. The proposed structure of the exemption requires municipalities to rely on incomplete information and provide an exemption for affordable residential units before the final home prices or rental rates are known. Consequently, additional steps need to be taken to verify that each unit will meet the affordability criteria once all information becomes available (i.e. sale price or rental rate). These steps will also need to reoccur each time the unit is sold or rented over a 25-year period covered by the affordability agreements. Compared to similar applications without this exemption, it is expected that the time to process applications with affordable residential unit exemptions could be more than double. 5.3 This administrative challenge can be mitigated if the Province considers including a mechanism in the 25-year affordable residential unit agreement that requires the developer/owner to supply the necessary information required to grant an exemption, at closing and on an annual basis, to confirm that the unit still meets the affordability criteria. If the unit no longer satisfies the affordability criteria, then the DC would become payable. Page 37 Report #2023-F-30 Paae 5 of 6 5.4 A commitment from the Province to make municipalities whole by fully funding the shortfalls created by the affordable residential unit exemption would avoid transferring the cost of growth -related infrastructure to the existing property tax and user rate base, while ensuring that growth pays for growth. 6. Next Steps 6.1 Staff will continue to monitor the financial and other impacts of Affordable Homes and Good Jobs Act, including the impacts to effective planning, and financial impacts to the Region. 6.2 Through the provincial budget process, the Region will advocate for provincial funding to mitigate the negative financial impacts of the More Homes Built Faster Act (Bill 23) and the Affordable Homes and Good Jobs Act (Bill 134) to property taxpayer and rate payers in the Region. 6.3 Work with Province and area municipalities to develop a process that minimizes the administrative burden of implementing these changes. 7. Relationship to Strategic Plan 7.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Goal 1 Environmental Sustainability b. Goal 2 Community Vitality c. Goal 4 Social Investment 8. Conclusion 8.1 The Province introduced the Affordable Homes and Good Jobs Act through Bill 134 that aims to amend the current definition of affordable residential units, for both ownership and rental tenure, in the DCA. 8.2 It is recommended that this report and its recommendations be endorsed and submitted to the Province as Durham Region's response to the proposed changes to the DCA related to affordable residential units. 8.3 This report has been prepared in consultation with the CAO's office, Corporate Services — Legal Services, Planning, Social Services, and the Finance Departments. 9. Attachments 9.1 Attachment 1 - Bill 134: Affordable Homes and Good Jobs Act, 2023 9.2 Attachment 2 - Region of Durham Submission to the Environmental Registry of Ontario (019-7669), commenting on the Affordable Homes and Good Jobs Act (Bill 134) Page 38 Report #2023-F-30 Respectfully submitted, Original Signed By Nancy Taylor, Commissioner of Finance Original Signed By Elaine C. Baxter-Trahair Chief Administrative Officer Paae 6 of 6 Page 39 2023-F-30 Attachment #1 Legislative Assemblde Assembly ldgislative of Ontario de 1'Ontario 1ST SESSION, 43RDLEGISLATURE, ONTARIO 2 CHARLES III, 2023 Bill 134 An Act to amend the Development Charges Act, 1997 and the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 The Hon. P. Calandra Minister of Municipal Affairs and Housing Government Bill 1 st Reading September 28, 2023 2nd Reading 3rd Reading Royal Assent Page 40 2023-F-30 Attachment #1 EXPLANATORY NOTE SCHEDULEI DEVELOPMENT CHARGES ACT, 1997 The Development Charges Act, 1997 includes provisions exempting affordable and attainable residential units from development charges. Amendments are made to the provisions that set out when a residential unit shall be considered to be an affordable residential unit. SCHEDULE2 ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023 The St. Thomas - Central Elgin Boundary Adjustment Act, 2023 is amended to enable the City of St. Thomas to grant assistance to a specified corporation during a specified period. A new section 12.1 establishes the total amount of certain assistance that may be granted and enables the Minister to make regulations, including regulations that impose restrictions, limits and conditions on the City's powers under the section. In addition, the title of the Act is changed to the Supporting Manufacturing in St. Thomas Act, 2023. Other amendments are made to provide for the Act being divided into Parts. Page 41 2023-F-30 Attachment #1 Bill 134 An Act to amend the Development Charges Act, 1997 and the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 CONTENTS 1. Contents of this Act 2. Commencement 3. Short title Schedule 1 Development Charges Act, 1997 Schedule 2 St. Thomas - Central Elgin Boundary Adjustment Act, 2023 2023 His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent. (2) The Schedules to this Act come into force as provided in each Schedule. (3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions. Short title 3 The short title of this Act is the Affordable Homes and Good Jobs Act, 2023. Page 42 2023-F-30 Attachment #1 SCHEDULE 1 DEVELOPMENT CHARGES ACT, 1997 1 (1) Subsection 4.1 (1) of the Development Charges Act, 1997 is amended by adding the following definition: "Affordable Residential Units bulletin" means the bulletin entitled the "Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin", as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario; ("bulletin relatif aux unites d'habitation abordables") (2) Paragraph 1 of subsection 4.1 (2) of the Act is repealed and the following substituted: 1. The rent is no greater than the lesser of, i. the income -based affordable rent for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing in accordance with subsection (5), and ii. the average market rent identified for the residential unit set out in the Affordable Residential Units bulletin. (3) Paragraph 1 of subsection 4.1 (3) of the Act is repealed and the following substituted: 1. The price of the residential unit is no greater than the lesser of, i. the income -based affordable purchase price for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing in accordance with subsection (6), and ii. 90 per cent of the average purchase price identified for the residential unit set out in the Affordable Residential Units bulletin. (4) Subsections 4.1 (5) and (6) of the Act are repealed and the following substituted: Rent based on income (5) For the purposes of subparagraph 1 i of subsection (2), in identifying the income -based affordable rent applicable to a residential unit, the Minister of Municipal Affairs and Housing shall, (a) determine the income of a household that, in the Minister's opinion, is at the 60th percentile of gross annual incomes for renter households in the applicable local municipality; and (b) identify the rent that, in the Minister's opinion, is equal to 30 per cent of the income of the household referred to in clause (a). Purchase price based on income (6) For the purposes of subparagraph 1 i of subsection (3), in identifying the income -based affordable purchase price applicable to a residential unit, the Minister of Municipal Affairs and Housing shall, (a) determine the income of a household that, in the Minister's opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality; and (b) identify the purchase price that, in the Minister's opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a). Commencement 2 This Schedule comes into force on the later of the day section 3 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force and the day the Affordable Homes and Good Jobs Act, 2023 receives Royal Assent. Page 43 2023-F-30 Attachment #1 SCHEDULE 2 ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023 1 The title of the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 is repealed and the following substituted: Supporting Manufacturing in St. Thomas Act, 2023 2 The Act is amended by adding the following heading before section 1: PART ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT 3 Sections 1, 8,11 and 12 of the Act are amended by striking out "this Act" wherever it appears and substituting in each case "this Part". 4 The Act is amended by adding the following Part: PART II ASSISTANCE PERMITTED Definitions 12.1 (1) In this Part, "assistance" means, except as otherwise provided in subsection (4), (a) a grant, including the giving of money and the selling or leasing of land for less than fair market value or the granting of land, (b) a total or partial exemption from any levy, charge or fee imposed during the assistance period, and (c) any other assistance as may be prescribed; ("aide") "assistance period" means 2023 to 2036 or to such other prescribed year; ("periode d'aide") "land" includes buildings; ("bien-fonds") "prescribed" means prescribed by the regulations made under this Act. ("prescrit") Assistance permitted (2) Despite the Development Charges Act, 1997, the Building Code Act, 1992 and section 106 of the Municipal Act, 2001, the City of St. Thomas may, in accordance with this section, grant assistance directly or indirectly to 1000511515 Ontario Inc. during the assistance period. Total amount of assistance (3) The total of the amount of assistance, as defined in subsection (4), that is granted under this section shall not exceed the amount equal to the total amount that would otherwise be owed by 1000511515 Ontario Inc. before the assistance in respect of, (a) taxes for municipal purposes levied by the City of St. Thomas under the Municipal Act, 2001 on real property during the assistance period; and (b) fees and charges imposed by the City of St. Thomas under any Act during the assistance period. Same (4) For the purposes of subsection (3), "assistance" means, (a) a grant, other than the selling or leasing of land for less than fair market value or the granting of land; and (b) a total or partial exemption from any levy, charge or fee imposed during the assistance period. Area where assistance may apply (5) For clarity and subject to the regulations, assistance granted under this section may apply to any area within the City of St. Thomas. Regulations (6) The Minister of Municipal Affairs and Housing may make regulations, (a) prescribing anything that is referred to in this section as being prescribed; (b) imposing restrictions, limits and conditions on the powers of the City of St. Thomas under this section, including providing that assistance or certain types of assistance may only apply to specified areas within the City. Page 44 2023-F-30 Attachment #1 Commencement 5 This Schedule comes into force on the day the Affordable Homes and Good Jobs Act, 2023 receives Royal Assent. Page 45 2023-F-30 Attachment #2 Sent via email: minister. mah(a-ontario.ca October 27, 2023 The Honourable Paul Calandra Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M7A 2J3 Dear Minister Calandra: RE: Affordable Homes and Good Jobs Act (Bill 134) The Regional Municipality of Durham shares the province's goal of increasing housing supply, and we are committed to working together to find collaborative solutions to address housing affordability. We appreciate the opportunity to comment on the proposed legislation and have enclosed a comprehensive set of remarks prepared by Regional staff which will be presented for endorsement at the Regional Council meeting in November. There are aspects related to the proposed changes in the Development Charges Act (DCA) that may have unintended consequences that hinder our shared efforts to expedite development and deliver housing sooner. Therefore, we request the following specific changes: • That the Province refines the definition of "affordable residential unit" to consider affordability across various unit types (i.e., single-, semi-detached, townhomes, and apartments by number of bedrooms). This would facilitate a better range of affordable housing options to address missing middle housing options. • That the Province updates the definition of "affordable residential unit" to ensure that affordable residential units are only available to households that meet and maintain certain income thresholds (i.e., at or below the 60th percentile of gross annual income in the ownership or rental categories). Page 46 2023-F-30 Attachment #2 • That the Province consider allowing municipalities to structure the affordable residential unit exemption in a way that addresses the timing issue related to when DCs are collected relative to the final purchase price or rental rate being known. For example, this may include a requirement that developers or owners provide proof that a housing unit meets the definition of affordability as provided in the DCA at closing and on an annual basis over a 25-year period. If proof is not provided, or the unit failed to meet the affordable DC criteria, then the DC would become payable. Durham Region would welcome the opportunity to further discuss the administrative challenges related to providing an exemption before purchase prices or rental prices are known, and the complexity of tracking these exemptions and real estate transactions over a period of 25 years. The proposed changes to the DCA may incent affordable housing development, however, municipalities have limited options for revenue and reducing development charges will lead to a deficit in funding for growth -related infrastructure. These changes will result in a transfer of the costs of growth -related infrastructure to the existing property tax and user rate base, which is unsustainable over the long-term. Durham Region would welcome an opportunity to discuss modifications that would limit the impact of the Bill on existing property taxpayers, and water and sewer user ratepayers. For example, having the Province make municipalities whole by fully funding the shortfalls created by the affordable residential unit exemption would avoid transferring the cost of this exemption to the existing tax and user rate base, while ensuring that growth -pays -for - growth. Our analysis suggests that for every 5 per cent of residential units in Durham Region that qualify for the proposed affordable residential unit exemption, there will be $204M in lost development charge revenue for the Region of Durham (i.e., does not include lost DC revenue at the local municipal level), over the 10-year period between 2024-2033. This lost revenue will need to be recovered from property taxes, and water and sewer user rates. Housing forms the building blocks of our communities. The delivery of an ambitious supply of new housing demands processes that are properly aligned, with a commitment to cooperate and collaborate Page 47 2023-F-30 Attachment #2 with a vast array of players. Our communities must be properly planned, financed, and serviced, with impacts managed so that growth can flourish. We look forward to discussing the recommendations provided in this letter and the comments in the attachment as we work towards our collective goal of increasing housing supply across Ontario. Sincerely, Nancy Taylor, Acting CAO On behalf of Elaine Baxter-Trahair, Chief Administrative Officer Attachment 1: Comments on the ERO Postings Associated with Bill 134 2023-F-30 Attachment #2 Attachment 1— Region of Durham Submission on Bill 134 Summary and Comments in Support of Affordable Homes and Good Jobs Act, 2023 through Bill 134 ("An Act to amend the Development Charges Act, 1997 and the St. Thomas — Central Elgin Boundary Adjustment Act, 2023"). ERO Posting and Comment Period Regional Comment Schedule 1 of Bill 134 (1) Definition of Affordability • Definition of Affordability Requires Further Review: Recommend income -based approach by unit type (e.g., single-, semi-detached, townhomes, and apartments by number of bedrooms) and a requirement that units with affordable development charge (DC) exemptions are available to lower income households. 019-7669 September 28, 2023 — October 28, 2023 (30 days) https://ero.ontario.ca/notice/019-7669 The proposed Development Charges Act definition for "Affordable Residential Units" is very similar to the Provincial Policy Statement (2020) definition for "Affordable Housing". There are some differences with the proposed Development Charges Act definition, including that it no longer cross-references "Low and Moderate Income Households". Instead, the proposed definition embeds this household income (60' percentile) measure within the definition. While this proposed revision creates a longer definition, it reduces the need to cross- reference a secondary defined term —generally considered a positive streamlining of the current definition. Centralizing the data collection and release of affordability to a singular source provided by the province would be a major improvement — most notably by providing consistency across municipalities. While the current PPS and Region of Durham Official Plan (ROP) definition provide sufficient direction for calculating affordability, the process is constrained by custom data cost and timing/availability. In some instances, these constraints can lead to differences between inputs (and results) among municipalities. The Province should develop a methodology for calculating affordability using a process that is consistent with how municipalities have done so. Durham has measured affordable housing for the purpose of developing the goals of "At Home In Durham, the Region's Housing Plan for 2014 to 2024", and assessing the ROP affordable housing target through the Housing Policy Planning Discussion Paper. Statistics Canada Census data for household incomes were used to calculate the income -based affordability thresholds. Some other key assumptions for this analysis included using conventional 5-year mortgage rates reported by the Bank of Canada, 25-year amortization period, and a 5 percent downpayment. Shelter costs for homeowners also include property taxes and CMHC mortgage insurance. Durham's affordable housing monitoring process is consistent with methodologies used by both Peel and York Region. Recommendations: • Key assumptions that are necessary to determine affordability thresholds should be clearly identified by the Ministry of Municipal Affairs and Housing. It will be critical for the province to use consistent and reasonable assumptions for calculating the affordable housing in the Affordable Residential Units bulletin. The Province Page 49 2023-F-30 Attachment #2 should clarify the assumptions that are being used to determine shelter costs such as mortgage rates, amortization period, downpayment, property tax, or mortgage loan insurance. • It is recommended that the Province provides a process that allows municipalities to review the details supporting the calculation of the affordable purchase price and rental rate thresholds. • The Province needs to provide clarification on the level and extent of geographies to be included and the frequency of publication. • Another area that needs clarification by the Province are the references to "in the Minister's opinion". The definition appears to be largely based on transparent statistical inputs, and it is not clear where opinion -based decision making would be appropriate. • One area for reconsideration is the use of "average market rent" as one of the measures of rental affordability. Depending on the data source, average may not equate to being affordable. It is recommended that the bulletin reference the CMHC Rental Market Survey where data is available to be consistent with affordable housing incentive programs. • It is recommended that the Province provide further stratification by unit type (i.e., housing unit types should include single-, semi-detached, townhomes, and apartments by number of bedrooms) within the affordable residential unit definition to assist in addressing all housing needs including missing middle housing options. If the Province wishes to provide financial incentives such as DC exemptions, it is strongly recommended that the calculation of the price or rent of an affordable unit be done by housing type (including number of bedrooms for apartments) to ensure that development reflects the needs of all households, including singles, couples and families, and not merely smaller units such as bachelor and 1-bedroom apartments. • Of key importance, the proposed legislation does not stipulate that affordable residential units will only be available to individuals or households that fall within the income distribution used to determine affordable residential unit purchase prices or rent (i.e., at or below the 601h percentile of gross annual income in the ownership or rental categories). The legislation should prioritize this income group that would benefit most from this proposed affordable housing DC exemption. Additionally, the Province may want to consider other assets such as savings accounts (including tax-free accounts such as TFSAs and FHSAs), GICs, bonds, stocks, term deposits, treasury bills, mutual funds, and trust funds as a qualifying factor for accessing affordable residential units. Page 50 2023-F-30 Attachment #2 Administrative Implications (2) Administrative Implications for Municipalities Requires Further Review: Recommend the Affordable DC agreement include a mechanism that requires the 019-7669 September 28, 2023 — October developer / owner to provide proof on an annual basis that demonstrates that each respective unit meets the 28, 2023 (30 days) affordable residential unit criteria, to maintain the Affordable DC exemption status https://ero.ontario.ca/notice/019-7669 The proposed definition for affordable residential units does not consider the considerable administrative implications of administering this DC exemption. Current DC Collection Process The figure below outlines the current process for collecting DCs at the Region of Durham: At Stage 1 (Plans of Subdivision) 50 per cent of Hard -Service DCs (i.e. Regional Roads, Water and Sewer DCs) are payable at signing of a subdivision agreement with the remaining 50 per cent due at the first anniversary date of signing. At Stage 2 (Building Permit), any outstanding Hard -Service DCs and all Soft -Service DCs must be paid prior to issuance of the building permit. Potential New DC Collection Process (Under Bill 134) The figure below outlines additional administrative steps which we anticipate would be required to satisfy the requirements of Bill 134: Local Municipalities to Verification mechanism to enter into agreements Collect DCs ensure affordability is and track affordability maintained (If a unit is no longer for 25 years affordable) (oncefinal purchase price or DCA 4.1(8) and 4.1(9) rental rateare known) It is requested that the Province provide clarity regarding the process to be followed (see Recommendations below). The changes in the process described above would require developers to identify which lots/units will meet the affordable residential unit criteria prior to signing a subdivision agreement or having a building permit Page 51 2023-F-30 Attachment #2 issued. The Region would need to add a verification mechanism to the DC collection process to confirm that the assumptions used at Stage 1 (Plans of Subdivision) and Stage 2 (Building Permit) are correct once the final purchase price or rent are known. Once this verification has taken place, the Region may need to undertake collection actions, which can be difficult post -development. Administrative Issues • The final price of a home, including all selected upgrades, etc., is not known until the sale is closed. Similarly for rentals, the rent is not known until a lease is signed. Therefore, the proposed structure of the exemption would require the municipality to rely on incomplete information since DCs are due before the sales are closed or the leases are signed. To administer this exemption, using the system outlined above, the municipality would need to grant the exemption without knowing if the information provided by a developer is correct or not. Consequently, the additional steps need to be taken to verify that the development meets the affordable residential unit exemption criteria once all information becomes available (i.e. sale price or rental price). These steps will also need to reoccur each time the unit is sold or rented over the 25-year period defined in DCA 4.1(8) and 4.1(9). Compared to similar applications without this exemption, it is expected that the time to process these applications could be more than doubled. • Monitoring and enforcing the 25-year affordability agreements will be challenging and resource intensive. For example, it would be difficult to prevent situations where affordable ownership units are rented at market rates or where affordable rental units are subleased at market rates • Administrative issues can be compounded if a new bulletin is posted for development applications that are in progress. This will result in staff needing to review the new bulletin against existing applications to determine if the development still qualifies for a DC exemption. If the unit no longer qualifies then the municipality would need to collect the outstanding DCs. • The proposed legislation defines the purchase price or rental price of a residential unit. It does not provide any requirements that guarantee that the units will be occupied by individuals that fall within the income distribution that is being used to define affordability and would benefit most from these housing options. Clarification questions: • How is the municipality able to ensure that it will be paid by the developer if units do not meet the affordability exemption requirements at occupancy? • What happens if new bulletins are published between the time of the subdivision agreement and housing completion/occupancy? Page 52 2023-F-30 Attachment #2 • How often will the bulletins be updated? • What happens in terms of DC payments if the unit fails the affordability test over the 25 years of the agreement? Will DCs be pro -rated based on the number of years that a unit was considered affordable? • Will the Province include provisions in the template 25-year affordability agreements that ensure that affordable residential units are only available to households that meet certain income thresholds (i.e., at or below the 601h percentile of gross annual income in the ownership or rental categories)? Recommendations: • The proposed legislation does not define how savings from DC reductions will be passed on to homeowners or renters so that they receive 100 per cent of the benefit of the DC exemption. Nor does it address the situation where a unit becomes unaffordable over the 25 years of the agreement. Without this level of detail it is difficult to ensure that the DC exemption is passed onto homeowners and renters to preserve the integrity of the Province's proposed definition of affordable residential unit. • Regional staff recommend that the Province considers including a mechanism in the affordable residential unit DC agreement that requires the developer / owner to supply the necessary information, at closing and on an annual basis, to confirm that the unit still meets the affordability criteria. If the information is not provided or the unit no longer satisfies the definition of affordability, then DCs become payable. • We support the Minister providing standard forms of agreement as noted in DCA 4.1(12) to alleviate some of the administrative burden. However, the Province should consider provisions to ensure the units are occupied by lower income households, and consider the unique collection processes of single-, upper- and lower -tier municipalities. Consultation with the municipal sector by the Province in developing these standard form agreements would be appreciated. Financial Implications (3) Financial Implications Requires Further Review: Recommend that the Province fully funds this exemption 019-7669 September 28, 2023 — October 28, 2023 (30 days) It is estimated that for every 5 per cent of units that qualify for the affordable residential unit DC exemption that https://ero.ontario.ca/notice/019-7669 the Region of Durham will lose approximately $204M in development charge revenue, over the 10-year period between 2024-2033. That lost DC revenue would have been used to build the infrastructure required to support new development. Approximately 60 per cent of this lost revenue will have to be funded by water and sewer user rate payers, and the remaining 40 per cent will fall on property taxpayers. Page 53 2023-F-30 Attachment #2 The proposed affordable residential unit DC exemptions do not guarantee that developers will pass along savings to new home buyers or renters. However, these exemptions will increase housing costs for all property owners, as taxpayers and user ratepayers will need to cover the DC funding shortfall. Staff Recommendation: • The Province should commit to making municipalities whole for any losses incurred to avoid passing along the costs to existing homeowners through property tax and user rate increases. Page 54 Sent Via Email • November 29, 2023 June Gallagher Clerk The Regional Municipality of Clarington Municipality of 1-1 C 3A6 Durham Corporate Services Department — Dear: J. Gallagher Legislative Services Division RE: Update on Phase 2 Construction of the Regional Road 18 Pilot Reconstruction Project using Recycled Materials and 605 Rossland Rd. E. Approval to Tender and Construct Future Projects (2023- Level 1 W-42), Our File: T00 PO Box 623 Whitby, ON L1 N 6A3 Canada Council of the Region of Durham, at its meeting held on November 29, 905-668-7711 2023, adopted the following recommendations of the Works 1-800-372-1102 Committee: durham.ca "A) That the update on Phase 2 Construction of the Regional Alexander Harras Road #18 pilot project be received; M.P.A. B) That the Clarington resolution in Attachment #2 of Report Director of #2023-W-42 of the Acting Commissioner of Works regarding Legislative Services & Regional Clerk the Newtonville Road Pilot Project be received for information; and C) That the Regional Municipality of Durham Council authorize staff to advance design, tender and construction of additional road segments with Recycled Materials, as identified in Report #2023-W-42, to be financed from the 2024 Business Plans and Budget." Please find enclosed a copy of Report #2023-W-42 for your information. Alexander Harras, Director of Legislative Services & Regional Clerk AH/sc Enclosed If you require this information in an accessible format, please call 1-800-372-1102 ext. 2097. Page 55 c: R. Jagannathan, Acting Commissioner of Works S. Brake, Director of Public Works, Municipality of Clarington Page 56 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3540. The Regional Municipality of Durham Report To: Works Committee From: Acting Commissioner of Works Report: #2023-W-42 Date: November 8, 2023 Subject: Update on Phase 2 Construction of the Regional Road 18 Pilot Reconstruction Project using Recycled Materials and Approval to Tender and Construct Future Projects Recommendation: That the Works Committee recommends to Regional Council: A) That the update on Phase 2 Construction of the Regional Road #18 pilot project be received; B) That the Clarington resolution in Attachment #2 regarding this project be received for information; and C) That the Regional Municipality of Durham Council authorize staff to advance design, tender and construction of additional road segments with Recycled Materials, as identified in this report, to be financed from the 2024 Business Plans and Budget. Report: 1. Purpose 1.1 The purpose of this report is to provide an update on Phase 2 construction of the Regional Road #18 pilot project initiated to explore the incorporation of alternative recycled materials into road construction and to seek approval for staff to advance design, tender and construction of additional road segments with recycled materials as identified in this report. Page 57 Report #2023-W-42 2. Previous Reports and Decisions Paae 2 of 12 2.1 Report #2020-INFO-117 informed Regional Council of the 2019 allocation of $3.5 million from The Canada Community -Building Fund (formerly Federal Gas Tax Funding) for the reconstruction of a portion of Regional Road #18 (RR18) in the Municipality of Clarington as a pilot project. This pilot project was aimed at exploring and assessing the incorporation of alternative recycled materials in road construction. The funding program required completion of the project before the end of 2024. 2.2 Report #2022-W-12 updated Regional Council on the progress of Phase 1 construction, the design of Phase 2 of the pilot and requested and received approval to tender and construct the Phase 2 contract. Construction was completed in 2022. 3. Background 3.1 The purpose of the pilot project was to explore and assess the use of different recycled materials in road construction. The pilot project included constructing a part of a road segment using traditional methods and materials (Phase 1) and another part of the road segment using alternative recycled materials (Phase 2). The road segment was then analyzed and inspected to assess the performance of the alternative recycled materials compared to the traditional material. 3.2 Splitting the project into two phases allowed for the longer -term monitoring and comparisons of the performance of Phase 1 using conventional road rehabilitation techniques to Phase 2 incorporating recycled materials. Both segments will be subject to similar traffic volumes, weather conditions, and other factors that influence the durability of a pavement structure. Based on the outcome of the pilot, the project would seek to develop standards and best practices for the use of recycled materials in road construction in the Region, including construction inspection and testing guidelines, for potential application to other Regional roads and beyond. 3.3 The scope of the pilot project included reconstruction of the RR18 road segment between Concession Road 5 and the bridge south of Kendal (located roughly 1.1 kilometres (km) south of Regional Road 9). This segment is approximately 4 km long and was in very poor condition. This section of road carries relatively low daily traffic volumes. However, the pavement structure needed to be strengthened, making the road segment a suitable candidate to pilot the use of alternative recycled materials. Page 58 Report #2023-W-42 Page 3 of 12 3.4 The pilot project was completed in two phases. The attached Map (Attachment #1) shows the limits of the contract segments for these phases, namely Phase 1 (Contract D2021-28) and Phase 2 (Contract D2022-28). 3.5 Phase 1 was designed with conventional reconstruction techniques for the northerly section of the pilot road segment. This included standard pulverizing (crushing) and recycling the existing granular base and existing asphalt road surface, regrading and compacting with an additional lift of new granular material and two new layers of asphalt. Also included in the scope of work was regrading of the ditches and shouldering with the pulverized material and new granular material as required. Phase 1 construction was completed in the fall of 2021 at a total cost of $1.5 million, including applicable taxes. 3.6 Phase 2 reconstructed the southerly 2 km section of the pilot road segment using the alternative recycled materials. It also utilized the same methodology as Phase 1 but incorporated recycled glass in the granular base and recycled plastics in the new asphalt. Laboratory testing completed by Dr. Simon Hesp, a professor at Queen's University and the Region in 2021, guided the incorporation of these recycled materials and their quantities. 4. Recycled Material Assessed as Part of Pilot Project 4.1 As discussed in Report #2022-W-12, a review of previous years of asphalt trial data and extensive laboratory testing was performed in 2021 with the assistance of Dr. Hesp. Dr. Hesp's main research area is materials science and engineering, particularly asphalt performance for over 30 years. He was instrumental in the design of four previous major pavement trials for the Ontario Ministry of Transportation, incorporating 27 different binder compositions, including plastics and fibers. Plastics 4.2 Plastics have been used in asphalt binders in the past to help improve crack and deformation resistance and are widely utilized in other jurisdictions. For the pilot project, the Region tested using the Region's own recycled plastics for use in asphalt. Nearly 100 local asphalt samples containing various amounts of recycled plastics obtained from the Region's Material Recovery Facility (MRF) and Southern Ontario recycling operations were tested. Asphalt binders from various local sources were modified with moderate amounts of recycled high and low - density polyethylene (HDPE and LDPE), polypropylene (PP) and polystyrene (PS). Asphalt mixes were also modified with polyethylene terephthalate (PET) Page 59 Report #2023-W-42 Paae 4 of 12 fibers from recycled plastic bottles from two US sources. All added plastics and PET fibers improved strength and/or ductile strain resistance depending on the concentration used in each lab test. All the laboratory, testing was conducted to determine the optimum asphalt mix designs and concentrations of plastics and fibers to be utilized. 4.3 To accommodate significant amounts of recycled plastics in the Hot Mix Asphalt (HMA) and at the same time obtain a significant overall performance benefit, it was decided to adjust the base asphalt binder specification for the trial from the regular PG 64-28 grade used on typical Durham Regional projects to a softer PG 58-34 grade. This facilitated the use of high additive contents without sacrificing the ductile failure properties and still maintaining rut resistance. 4.4 To assess the performance of the different plastic materials and PET fibers in both the base and surface lifts of the new asphalt, Phase 2 was divided into five (5) separate test sections of approximately 400 m each with the following specifications: Section Base composition Surface composition 1. Straight PG58-34 Asphalt, no Straight PG58-34 Asphalt, no additions additions 2. 0.3% by weight of mixed No additions plastic (from Durham Region's MRF consisting of LDPE, HDPE, PP and PS) added 3. 0.3% of mixed plastic added 0.3% by weight of PET fibers added 4. 0.6% of mixed plastic added No additions 5. 0.3% by weight of PET fibers 0.3% by weight of PET fibers added added Glass 4.5 Glass recycled at the Region's MRF is another diversion material that was tested for incorporation into the new road base onsite. Testing was undertaken at the Region's Materials Testing Lab. Glass was screened, crushed, and added to standard granular A. Page 60 Report #2023-W-42 Page 5 of 12 4.6 Sieve and proctor testing revealed that the addition of crushed glass did not negatively affect the properties of granular A. The density dropped 3 per cent, a minimal amount, and in each case continued to meet the requirements of the Ontario Provincial Standard Specification MUNI 1010 for granular road base materials (OPSS 1010). To test the benefit of this material in Phase 2, crushed recycled glass was spread over half of the road profile for the entire length of the Phase 2 road segment on top of the existing asphalt. Then the road pulverizer crushed and blended the glass into a new homogenous road base. The other half of the road profile constructed without the crushed glass will be used to compare the performance of the road bases. 4.7 Recycled glass has been used in road construction for many years and has been used in road segments within the Region. The Ontario Provincial Standard Specification Muni 1010 for granular road base materials includes the use of recycled glass and ceramics up to 15 per cent by weight. Traditionally, it has been mixed with granular B off -site, imported to the site and placed below the granular A layer, which is below the asphalt layers. This was not possible for this project as the existing road base was recycled in place, and recycled glass was pulverized with the existing asphalt and granular base as described above. The amount of recycled glass used in this project was well below the 15 per cent recommended in the Provincial Standard. Other Material 4.8 In addition, recycled asphalt was utilized in the road base, shoulders, and side slopes as appropriate with the use of a road pulverizer, as used in Phase 1. The Region has prior experience with and standard specifications for the use of this recycled material from past successful road reconstruction projects. 5. Update on Phase 2 Construction 5.1 In 2021, all preliminary design, testing of alternative recycled materials and final design was completed. After Regional Council approval in 2022, the contract drawings and specifications were completed, and Phase 2 tendered in June and closed in July. The contract was then awarded to Dufferin Construction Company who mobilized on site in late August. 5.2 On September 14, 2022, the contractor began pulverizing the existing road surface while placing a 25 mm lift of recycled glass on the east side of the road. Pulverizing went very well, grinding the existing road surface, base materials and Page 61 Report #2023-W-42 Page 6 of 12 glass into a homogeneous granular mixture that graded very well and was able to support traffic immediately after compaction. 5.3 As the pulverizing operation and addition of a 100 mm lift of new granular A was being completed, the Region became aware of a concern raised by a resident of non -glass material found after the recycled glass was placed on the road. The resident raised concerns about metal objects, a used battery, organic food waste and plastic materials in the road base and an odour. 5.4 In response to the concerns raised by the resident, the Region instructed the contractor to pause activities related to the paving of the road, to allow the Region to thoroughly investigate the resident's concerns. The Region retained Malroz Engineering Inc. (Malroz), a third -party geo-environ mental consultant, on an urgent basis to investigate the reports of non -glass material in the road base and assess for potential environmental concerns. Malroz attended the site and advanced 40 test pits along the entire road segment collecting samples of the material to visually assess the contents of the road base, in particular the recycled material and any non -glass material. Samples from the test pits were sent to an accredited laboratory to determine if the material in the road base could leach hazardous substances into the environment. The laboratory results did not detect any contaminants in the leachate above the minimum level of detection for the equipment, indicating a very low risk of any potential adverse impact. 5.5 The Malroz report was provided to the Ministry of Environment Conservation and Parks (MECP) and both Clarington and Durham Regional Councils. After the six - week pause to complete this environmental investigation, the contractor was directed to continue paving this road segment, due to the acceptable results of all testing and analysis. The contractor finished the base and surface lifts of asphalt and granular sealing of the shoulders by mid November 2022. The final restoration of all ditches and disturbed areas was completed in the spring of 2023. To date, observations indicate that the asphalt and road base have performed very well without any observed distress or deformation. Also, during the six -week pause, the rehabilitated road base with recycled glass performed very well, supporting all traffic loads in the absence of an asphalt structure without any significant distress or deformation. 5.6 These road segments and each test section in Phase 2, will be inspected regularly, every spring and fall of each year, for the foreseeable future. This will include visual inspections to detect any pavement deformation, cracking or rutting, with regular road tests to assess changes in ride quality and traction. To assist the Page 62 Report #2023-W-42 Page 7 of 12 Region with the regular inspection and assessment of the performance of both phases, the Ontario Ministry of Transportation will provide semi-annual inspections of this pilot with their Automated Road Analyzer (ARAN). This is a high-speed vehicle with sophisticated equipment, including laser -based rutting and video -based cracking measurement systems. 6. OPWA Project of the Year Award and Municipality of Clarington Resolution 6.1 On May 16, 2023, the Region was presented with the Ontario Public Works Association (OPWA) Project of the Year Award in the Under $2 Million category for this pilot (Attachment #3). The project's unique design of 5 test sections incorporating technical know-how obtained by studying the findings from over 60 years of experience with nearly 100 pavement trial sections around Canada made this project a strong candidate for this award, as well as the fact that a controlled project of this design has not been undertaken in this manner anywhere else. This project demonstrated the Region's commitment to innovation by looking at ways to reuse recycled municipal material while also improving the lifecycle of our road segments and improving our environmental footprint. 6.2 Subsequent to the news release of the Region's receipt of the OPWA award, on May 29, 2023, Clarington's Council passed a resolution requesting the Region to hire a third -party consultant to undertake soil and water testing to determine if the Newtonville Road pilot project has had adverse effects on the environment and human health. However, given the extensive testing already completed, additional environmental testing is not necessary to demonstrate that the recycled material will not present a risk to the environment and human health. 6.3 Glass and plastics have been historically used in road base. For the Region's pilot project, residents did bring concerns to the attention of the Region of non - glass material found in the road base. A small percentage of non -glass material is expected to be found in recycled crushed glass due to the limitations of using recycled products (i.e., paper labels or residue organics on the glass, very small - sized items that cannot be fully screened out). Immediately after receiving the concerns from the residents, the Region retained a qualified third -party environmental consultant to examine the material and directly test the material from the road base for potential environmental impacts. 6.4 As indicated above, Malroz dug over 40 test pits along the road segment used for the pilot project and observed some non -glass material in the road base in the project area. However, Malroz indicated that the road base consisted primarily of Page 63 Report #2023-W-42 Paae 8 of 12 sand and aggregate, and the non -glass material was a very small fraction compared to the glass, plastic, ceramic and asphalt fragments collected in the test pits. Malroz stated that odours identified by residents were likely from residue organics on glass or plastic material that were incorporated into the road base. These odours quickly dissipated once the material was pulverized with the existing road base. 6.5 To be conservative, Malroz selected "worse case" scenario samples from the test pits (i.e., samples containing non -glass material and samples with odour) and sent these samples to an accredited laboratory for toxicity characteristic leaching procedure testing to assess if the material used could leach hazardous substances into the environment in the future. The results of the leachate laboratory tests did not detect any parameters above the laboratory detection limits. This means the laboratory could not detect any measurable result of contaminants (i.e., metals, volatile organic compounds, polychlorinated biphenyls) in the leachate from the samples. The results indicate that the road base containing the recycled material did not leach any harmful contaminants that could impact the environment. All sample data, information and results of all tests and analysis were included and summarized in the shared report produced by Malroz. The report and sampling data generated by this qualified third party were shared with Regional Council and accepted by the MECP. 6.6 Soil and groundwater sampling of the area outside of the roadway in the vicinity of the newly constructed road is not recommended because it would be influenced by historical land use and practices and introduces too many variables to assess impacts from the recycled material. The right of way that was selected for this pilot project has been in existence for well over a century. In that time, a substantial number of materials have been hauled over this roadway and materials placed within the right of way. At the start of the Region's pilot project, miscellaneous debris was removed from the ditches, including old tires, old automotive parts, old electronics and other material that was on site prior to the start of construction. Additionally, emissions from vehicles, including hydrocarbons, metal containing particulates, and chlorides from de-icing operations, are common contaminants along road corridors. 6.7 Further, soil and groundwater near the right of way will be influenced by the surrounding areas and the land use practices of adjacent properties. These factors would make it difficult to assess environmental impacts from the recycled material used in the pilot project versus pre-existing impacts from historic use of the road and adjacent properties. Hence, direct sampling and testing of the Page 64 Report #2023-W-42 Paae 9 of 12 recycled materials in the road was utilized, as it can provide a better indication of whether the recycled material used has the potential to impact the environment. The leachate testing completed by Malroz demonstrates that the recycled material will not release any harmful contaminants that could impact the environment. 7. Future Projects 7.1 The original scope and objective of this pilot project were to develop the necessary construction methodologies and demonstrate that recycled material can be successfully incorporated in road construction and be used as a resource in other Regional Roads and also assist other municipalities in similar endeavours. Subsequent to the successful demonstration, other suitable candidate road segments demonstrating a need for reconstruction have been identified to use this gained knowledge and implement these construction methodologies. Two road segments that have been shortlisted as candidates are: a. Simcoe Street in the Township of Scugog, from 600m south of River Street to 600m south of Saintfield Road. This is approximately a 1.7km, 2-lane rural road segment with an AADT of 13,000 vpd and PCI of 14. The proposal is to use approximately 850 tonnes of recycled glass from the Region's Materials Recovery facility (MRF). b. Myrtle Road in the Town of Whitby from Dagmar Road to 450m west of Ashburn Road. This is approximately a 3km, 2-lane rural road segment with an AADT of 5,200 vpd and PCI of 24. The proposal is to use approximately 1,500 tonnes of recycled glass from the Region's MRF. 7.2 The Region plans to use lessons learned from the pilot project to improve future projects. In Phase 2, the pilot project used recycled glass processed by Nexcycle of Guelph, the only recycled glass processor in Ontario that processes recycled glass. Concerns were raised about non -glass material found in the processed recycled glass. While some non -glass material is to be expected, there is no Ontario standard for the amount of residual non -glass material for recycled glass used in the road base material. The Region would like to further reduce the percentage of non -glass material by processing the crushed glass within the Region. Staff are of the opinion that the Region can produce a better crushed glass product at the MRF site as the Blue Box streams typically contain less contamination than most other municipalities and would afford the Region greater control over the quality of the final product. It would also be environmentally beneficial and economical for the Region's construction projects to use recycled Page 65 Report #2023-W-42 Page 10 of 12 glass processed within Durham Region, thus eliminating trucking this material to Guelph and back. 7.3 The recycled glass reserved for the construction projects is proposed to be exposed to additional manual sorting to further reduce the non -glass content of metal and plastic lids and labels to 2.5 per cent or less. This thoroughly sorted glass will be crushed by a steel drum roller and stored separately from any waste streams at the Durham Recycling Centre. The Region will also test the processed recycled glass in our Materials Testing Lab to ensure the desired quality is produced. The MECP supports the Region's initiative of using recycled materials in construction projects and makes recommendations for future projects. Processing our own glass and incorporating additional sorting and testing of the glass through our own Materials Testing Lab meets the objective of several of their recommendations. MECP recommendations are being incorporated and form part of our continuous improvement objectives related to the project. 7.4 We also propose to explore the use of recycled plastics from the Region's MRF if local processing or the necessary equipment to process our own plastics can be secured. It is not economical or as environmentally beneficial for future construction projects to truck our recycled plastic to and from the processor in Sarnia as was done in Phase 2 on an ongoing basis. In the absence of local processing capacity in the short term, recycled plastics may not be incorporated into the asphalt for the projects proposed above. We will continue to explore and work on this capability for future projects. 7.5 Another recycling technology that the Region has been investigating over the last several years is Hot -In -Place Asphalt Recycling (HIR). This technology and rehabilitation methodology is suitable for road segments of relatively low PCI that need a new road surface. However, the existing granular base has adequate strength to continue to support the asphalt structure and traffic and to resist rutting and deformation from the current vehicle loads. The process and equipment train used for this rehabilitation methodology mills off the surface lift of the existing asphalt and blends it with new asphalt cement and/or rejuvenating oils. It then replaces the surface lift at the end of the process train through an asphalt spreader, which is then rolled and compacted with a combination of rollers. In the past, the longevity of this product was not well established, and the cost of this technique was more than the cost of the conventional mill and overlay technique that we regularly employ. The traditional mill and overlay technique involve milling off the existing surface lift of asphalt with a milling machine and paving a new surface asphalt lift with new asphalt and conventional paving equipment. Page 66 Report #2023-W-42 Paae 11 of 12 However, advancements in the HIR technology and products and the high cost of virgin asphalt binder have made the price of HIR very competitive, if not less than the mill and overlay process, and the longevity of the finished product is also comparable. 7.6 We are currently exploring the opportunity to use this technology on two road segments in 2024. Initial inspections of these road segments look positive, and core samples are being taken and analyzed to confirm that they are suitable candidates for this rehabilitation methodology. These two road segments are: a. Highway 2 from Ovens Road to east of Townline Road. This is approximately a 2.5 km 2-lane primarily rural road segment with an AADT of 2,500 and PCI of 18. b. Shirley Road from Simcoe Street to 620m north/east of Russell Road. This is approximately a 3.9 km 2-lane rural road segment with an AADT of 2,500 and PCI of 28. 8. Conclusion 8.1 The Regional Municipality of Durham is committed to a Circular Economy and is committed to finding innovative "made in Durham" solutions that support the concept. The pilot project on Regional Road #18 successfully demonstrated that the Region can effectively use alternative recycled materials in road reconstruction. 8.2 Phases 1 and 2 of this project were tendered, awarded and constructed successfully, on time and under budget. All the laboratory testing performed on the alternative recycled materials and efforts to develop specifications, inspection and construction methodologies were successful and proved valuable for incorporating recycled material in this project and future projects. 8.3 The Region of Durham was recognized by our peers and presented with the Ontario Public Works Project of the Year Award for this Pilot in the Under $2 Million Category in May 2023. 8.4 As part of the successful completion of this pilot, the Region has developed standards for using recycled materials, including inspection and testing guidelines and construction methodologies that can be applied to future Regional road projects and beyond. Page 67 Report #2023-W-42 Paae 12 of 12 8.5 The Region has identified two rural road segments to incorporate recycled glass into their 2024 road rehabilitation program and two rural segments to apply another new recycling road rehabilitation technique called Hot -In -Place Asphalt Recycling (HIR), as described above. 8.6 The Region does not recommend hiring a third -party consultant to perform further soil and water testing near the pilot road segment as requested in the Clarington Council May 29, 2023 Resolution. This type of testing after construction will not provide results relevant to the materials used without any historical background data available as a base reference point. Furthermore, the third -party environmental testing already carried out directly on the recycled materials from the actual road base is the most appropriate sampling and testing method and determined that they are non -toxic and not a cause for concern. 8.7 For additional information, contact: Dan Waechter, Acting Director, Transportation and Field Services, at 905-668-7711, extension 3550. 9. Attachments Attachment #1: Regional Road 18 — 2021/22 Pilot Project Limits Attachment #2: Resolution #GG-123-23 from the Council of the Municipality of Clarington meeting of June 12, 2023 Re: Newtonville Road Pilot Project Attachment #3: Ontario Public Works Association (OPWA) Award Respectfully submitted, Original signed by: Ramesh Jagannathan, MBA, M. Eng, P. Eng, PTOE Acting Commissioner of Works Recommended for Presentation to Committee Original signed by: Elaine C. Baxter-Trahair Chief Administrative Officer '� � Attach ent #1 t Report 202 _.Kendal � Iv --N Phase 1 - PilotPLI D2021-028 -J � �r Phase 2 - PIIot starkville D2022-028 i • �' Crooked. C ek .. Tp ■ T. • The Regional Municipality of Durham Works Department Ci 1 This map has been produced from a variety of sources. The Region of Durham does not make anyrepresentations concerning the accuracy, likely results, or reliability of the use of the materials.The Region hereby disclaims all representations and warranties. • Map Date: January 30, 2023 w Newtonville Regional Road 18 2 ■ Pilot Project Limits e 'o " 401 r- 0 0.5 1 2 Kilometers f a o' Page 69 Attachment #2 to Report #2023-W-42 Clarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 June 13, 2023 Susan Siopis, Commissioner of Works Region of Durham Via Email: susan.siopis@durham.ca To Susan Siopis: Re: Newtonville Road Pilot Project File Number: PG.25.06 At a meeting held on June 12, 2023, the Council of the Municipality of Clarington approved the following Resolution #GG-123-23. Whereas Clarington supports and encourages reuse of materials that cannot be recycled; Whereas Durham Region's pilot project using recycled material in the reconstruction of a portion of Newtonville Road last summer was recently recognized with the Project of the Year Award in Transportation by the Ontario Public Works Association; and Whereas soil and water testing would demonstrate whether this reuse of recycled material is safe for the environment; Now therefore be it resolved that Clarington Council requests the Regional Municipality of Durham hire a third party consultant to undertake soil and water testing at optimal times and locations to determine if the Newtonville Road pilot project has had adverse effects on the environment and human health. Yours truly, J i '.Paul Newman Deputy Clerk JPN/rk C. See Attached List of Interested Parties The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 10gW rington.net I www.clarington.net Attachment #2 to Report #2023-W-42 Region of Durham June 13, 2023 Page 2 Interested Parties List Gioseph Anello, Director — Waste Management Services, Region of Durham Ramesh Jagannathan, Director, Transportation and Field Services — Works Department, Region of Durham S. Brake, Director of Public Works The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 irp*lI qington.net I www.clarington.net Attachment #3 to Report #2023-W-42 ONTARIO PUBLIC WORKS ASSOCIATION A Chapter of APWAICPWA 2022 PUBLIC WORKS PROJECT OF THE YEAR AWARD (Transportation, less than $2 Million Category) presented to the Regional Municipality of Durham in association with: Queens University Dufferin Construction Company CRH Canada Group Inc. Percision Construction Services Malroz Engineering Incorporated for the project: Newtonville Road (RR18) Rehabilitation with R pr-ycled Materials ................. . ..................... . .... ......... . ........................ I ............. . .. I ........... 6, ... . .......................... I .. . .................................. I ........................... I ............... . ......... I ...... ......... Doug Keenie, P.Eng. OPWA President May 16, 2023 Page 72 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 The Regional Municipality of Durham Information Report From: Commissioner of Planning and Economic Development Report: #2023-INFO-102 Date: December 1, 2023 Subject: Monitoring of Growth Trends, File: D01-02-01 Recommendation: Receive for information Report: 1. Purpose 1.1 This report is the second of two biannual reports monitoring growth trends in Durham. It presents historical population and household data for the Region and area municipalities for the 2018 to 2023 period. It also includes short-term forecasts for the 2023 to 2028 period. 1.2 The data is provided for the end of May (to correspond with the timing of the Census) and for December (calendar year-end). Information presented in this report is intended for use in various Regional studies and programs including developing capital budgets for Regional infrastructure, Development Charges Studies, and future municipal comprehensive reviews. 2. Previous Reports and Decisions 2.1 Monitoring of Growth Trends (2022-INFO-197). 2.2 Monitoring of Growth Trends (2023-INFO-51). Page 73 Paae 2 of 4 3. Historical population and household estimates (2018-2023) 3.1 The population and household estimates presented in Attachments 1 and 2, are based on: a. Statistics Canada Census information for 2016 and 2021 including an estimate for net undercoveragel; and b. Canada Mortgage and Housing Corporation (CMHC) monthly housing completion data for non -Census years. 3.2 The semi-annual population estimates presented in Attachment 1 indicate that the Region's mid -year population growth increased by 11,790 persons from 2022 to 2023, representing a growth rate of 1.6%. The population growth for the five-year period from May 2018 to May 2023 was 9.3%. 3.3 The semi-annual household estimates presented in Attachment 2, indicate that the Region's mid -year household growth increased by 4,000 households from 2022 to 2023, representing a growth rate of 1.6%. The household growth for the five-year period from May 2018 to May 2023 was 7.3%. 4. Short-term growth forecasts (2023-2028) 4.1 The short-term growth forecasts for population and households presented in Attachments 3 and 4 are based on: a. housing production estimates provided by the area municipalities; b. an analysis of past trends; and C. estimates of the timing and anticipated annual housing occupancy across the Region2. 4.2 The accuracy of the forecasts is subject to the risk of unpredictable changes in economic conditions and other factors affecting residential growth (e.g. significant changes in mortgage rates, persistently high inflation, building trade strikes, etc.)3. 1 Net undercoverage refers to the net population counts that are missed during the Census enumeration due to persons with no usual residence, incorrect questionnaires, missed dwellings, away from home, etc. 2 Growth estimates are supported by a review of housing supply and development timing by Regional staff. 3 Although large and fast-growing municipalities across the province, including Ajax, Clarington, Oshawa, Pickering and Whitby, have committed to meeting ambitious provincial housing targets; short-term growth forecasts are principally informed by the supply of housing in the development pipeline, market and economic conditions. Page 74 Paae 3 of 4 4.3 The short-term forecasts indicate that in the next five years Durham's population is projected to increase from 753,500 in 2023 to 855,700 in 2028 (refer to Attachment 3). The population growth for the five-year period from May 2023 to May 2028 is expected to be 14.2%. 4.4 Similarly, the current number of households in Durham is projected to increase from 252,460 in 2023 to approximately 286,270 in 2028 (refer to Attachment 4). The household growth for the five-year period from May 2023 to May 2028 is expected to be 14.1 %. 5. Relationship to Strategic Plan 5.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Priority 5.1 (Service Excellence) — Optimize resources and partnerships to deliver exceptional quality services and value; and b. Priority 5.3 (Service Excellence) — Demonstrate commitment to continuous quality improvement and communicating results. 6. Conclusion 6.1 Regional Council will continue to be kept apprised of emerging population and household data and trends through regular updates of this information. 6.2 A copy of this report will be forwarded to the Area Municipalities, the Durham Regional Police Services, the Central East Home and Community Care Support Services and the School Boards in Durham. 7. Attachments Attachment #1: Semi-annual Population Estimates, 2018-2023 Attachment #2: Semi-annual Household Estimates, 2018-2023 Attachment #3: Semi-annual Population Forecasts, 2023-2028 Attachment #4: Semi-annual Household Forecasts, 2023-2028 Page 75 Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development 4 of 4 Page 76 Attachment 1 Semi-annual Population Estimates, 2018-2023 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2018 127,490 12,525 98,820 172,255 98,370 23,010 22,355 136,310 691,130 (Dec) 2019 129,670 12,640 100,215 175,040 98,590 22,080 22,245 136,905 697,385 (May) 2019 130,235 12,720 101,650 176,505 99,595 22,115 22,290 138,120 703,230 (Dec) 2020 132,305 12,910 102,000 179,135 101,310 22,140 22,205 140,755 712,760 (May) 2020 132,705 13,390 102,865 179,530 103,755 22,175 22,275 142,630 719,325 (Dec) 2021 134,225 13,700 104,080 181,080 103,240 22,565 22,350 144,790 726,030 (May) 2021 134,630 13,725 105,525 182,210 103,985 22,550 22,360 147,220 732,210 (Dec) 2022 134,990 13,735 106,195 182,935 104,635 22,535 22,435 149,250 736,705 (May) 2022 135,615 13,755 107,220 185,275 105,185 22,520 22,510 151,010 743,095 (Dec) 2023 135,930 13,760 107,770 187,080 106,505 22,505 22,605 152,340 748,495 (May) Note: All figures rounded Source: Statistics Canada Census and pWHQ�monthly housing completions data. Attachment 2 Semi-annual Household Estimates, 2018-2023 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2018 38,650 4,610 34,530 65,380 31,895 8,235 7,915 44,505 235,720 (Dec) 2019 38,740 4,625 34,725 65,765 32,065 8,245 7,925 44,610 236,710 (May) 2019 38,910 4,640 35,180 66,330 32,380 8,255 7,945 44,975 238,620 (Dec) 2020 39,325 4,685 35,460 66,405 32,510 8,260 7,960 45,550 240,160 (May) 2020 39,450 4,785 35,730 66,595 33,215 8,275 7,990 46,110 242,140 (Dec) 2021 39,490 4,790 35,955 66,635 33,425 8,290 8,010 46,460 243,050 (May) 2021 39,610 4,795 36,455 67,050 33,665 8,285 8,010 47,240 245,110 (Dec) 2022 39,715 4,800 36,685 67,315 33,875 8,280 8,035 47,890 246,600 (May) 2022 39,895 4,805 37,040 68,175 34,055 8,275 8,065 48,455 248,770 (Dec) 2023 39,990 4,810 37,230 68,840 34,480 8,270 8,100 48,880 250,600 (May) Note: All figures rounded Source: Statistics Canada Census and "onthly housing completions data. Attachment 3 Semi-annual Population Forecasts, 2023-2028 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2023 134,200 13,200 110,800 189,300 109,750 22,750 22,750 150,700 753,500 (Dec) 2024 135,250 13,250 112,200 190,600 111,450 22,900 22,800 151,800 760,300 (May) 2024 137,100 13,350 114,600 192,750 114,450 23,100 22,850 153,600 771,800 (Dec) 2025 138,700 13,450 116,250 194,250 116,400 23,250 22,900 154,800 779,900 (May) 2025 141,450 13,600 119,000 196,850 119,700 23,450 22,950 156,850 793,800 (Dec) 2026 143,200 13,700 120,750 198,350 121,900 23,600 23,000 158,350 802,800 (May) 2026 146,200 13,850 123,750 200,950 125,600 23,850 23,050 160,950 818,100 (Dec) 2027 148,100 13,950 125,600 202,600 128,300 24,000 23,050 162,650 828,200 (May) 2027 151,400 14,100 128,850 205,400 132,900 24,200 23,100 165,500 845,500 (Dec) 2028 153,550 14,200 130,800 207,100 135,300 24,350 23,150 167,250 855,700 (May) Note: All figures rounded Source: Statistics Canada Census and pWHQgnonthly housing completions data. Attachment 4 Semi-annual Household Forecasts, 2023-2028 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2023 40,200 4,830 37,740 69,110 35,530 8,350 8,120 48,580 252,460 (Dec) 2024 40,520 4,860 38,220 69,570 36,090 8,400 8,130 48,920 254,710 (May) 2024 41,060 4,890 39,030 70,370 37,050 8,480 8,160 49,500 258,550 (Dec) 2025 41,540 4,920 39,590 70,920 37,680 8,530 8,170 49,890 261,240 (May) 2025 42,360 4,970 40,530 71,850 38,760 8,610 8,190 50,550 265,830 (Dec) 2026 42,890 5,010 41,130 72,410 39,460 8,660 8,210 51,040 268,800 (May) 2026 43,790 5,060 42,140 73,360 40,670 8,750 8,220 51,870 273,870 (Dec) 2027 44,370 5,100 42,790 73,960 41,540 8,800 8,240 52,420 277,210 (May) 2027 45,350 5,160 43,880 74,980 43,030 8,890 8,250 53,340 282,890 (Dec) 2028 45,990 5,190 44,550 75,610 43,820 8,940 8,270 53,900 286,270 (May) Note: All figures rounded Source: Statistics Canada Census and W"onthly housing completions data. nym' II LL&� Premier Ford Premier of Ontario premier(aontario.ca The Honourable Paul Calandra Minister of Municipal Affairs and Housing minister. mah(a-).ontario.ca The Honourable Todd A. Smith Minister of Energy, Ontario MinisterEnergy(a)ontario.ca SENT VIA EMAIL December 1st, 2023 Re: Support to Revoke Strong Mayor Powers and Increase in the Leave to Construct Threshold Dear Premier Ford, Minister Calandra, and Minister Smith, Please be advised that at the Regular Council Meeting on November 29t" 2023, the Town of Plympton-Wyoming Council passed the following motion, supporting the attached resolutions from the Western Ontario Wardens Caucus regarding Support to Revoke Strong Mayor Powers and Increase in the Leave to Construct Threshold. Motion 14 Moved by Councillor Kristen Rodrigues Seconded by Councillor John van Klaveren That Council support item `S' Strong Mayor Powers & `T' Leave to Construct Threshold from the Western Ontario Warden's Caucus. Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at eflynn plympton-wyominq.ca. Sincerely, Ella Flynn Deputy Clerk Town of Plympton-Wyoming cc: Sent via e-mail Western Ontario Wardens' Caucus Hon. Rob Flack, Associate Minister of Housing — Rob. Flack(a-)_pc.ola.org Matthew Rae, Parliamentary Assistant to the Minister of Municipal Affairs and Housing — Matthew. Rae(o-)_pc.ola.org All Ontario Municipalities 546 Niagara Street, P.O Box 250 1 Wyoming ON, NON 1TO 1 519-845-3939 1 www.plympton-wyoming.com Page 81 WESTERN ONTARIO VV%JVVU WARDENS CAUCUS October 24, 2023 Premier R. Ford Premier of Ontario premier(a-).ontario.ca and The Honourable Paul Calandra Minister of Municipal Affairs and Housing Send electronically via email minister. mah(a)-ontario.ca Re: Strong Mayor Powers Dear Premier Ford and Minister Calandra Please be advised at the regular meeting of the Western Ontario Wardens' Caucus held on October 13, 2023, the following resolution was passed: Moved by M. Ryan, seconded by B. Milne: THAT item of correspondence 7-1(b) be received; and WHEREAS the Western Ontario Wardens Caucus Inc. (WOWC) is a not -for -profit organization representing 15 upper and single tier municipalities in Southwestern Ontario with more than one and a half million residents; AND WHEREAS the purpose of WOWC is to enhance the prosperity and overall wellbeing of rural and small urban communities across the region; AND WHEREAS the Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18, for select municipalities, transfers legislative responsibility from the deliberative body of the Council to the Head of Council; AND WHEREAS the Better Municipal Governance Act, 2022, S.O. 2022, c. 24 provides for provincially appointed facilitators to assess the regional governments to determine the mix of roles and responsibilities between the upper and lower -tier municipalities; AND WHEREAS the Building Faster Fund arbitrarily ties housing supportive funding to municipalities that establish a housing target based solely on population size; P'aVw.ca Page 2 of 2 AND WHEREAS "responsible and accountable governments with respect to matters within their jurisdiction; AND WHEREAS overcoming the housing and affordability crisis in Ontario requires sustained, strategic, and focused efforts from all levels of government, informed from the expertise of all levels of government. NOW THEREFORE BE IT RESOLVED THAT WOWC calls on the provincial government to work with municipalities in Ontario, as a responsible and accountable level of government, to focus all efforts on tackling the housing and affordability crisis in Ontario by: Revoking existing `strong mayor powers' and not implementing legislation that transfers legislative responsibility from the body of Council to the Head of Council. Respecting spheres of jurisdiction, recognizing that municipalities are best positioned to determine the mix of roles and responsibilities between upper and lower -tier municipalities and only conduct structural and service delivery reviews of municipalities or regions where a majority of municipalities included within the region, request the same. Recognizing rural and small urban municipalities are critical to overcoming the housing and affordability crisis in Ontario and not allocating the majority of scarce provincial housing supportive funding to a limited subset of large urban municipalities in Ontario. AND THAT WOWC calls upon the provincial government to provide all municipalities with the financial resources to tackle the housing and affordability crisis in Ontario that is pricing too many people, especially young families and newcomers, out of home ownership, while amplifying socio-economic disparities and reliance on municipally provided human services; AND THAT this resolution be forwarded to the Association of Municipalities of Ontario for support so that the future governance of our communities is in the hands of its constituents; AND THAT this resolution be forwarded to: the Minister of Municipal Affairs and Housing and the Premier of Ontario; WOWC Members; the EOWC, and all WOWC area MPs and MPPs. -CARRIED Please contact Kate Burns Gallagher, Executive Director, Western Ontario Warden' Caucus, kate(a)wowc.ca should you have any questions regarding this matter. Sincerely, Glen McNeil Chair, Western Ontario Wardens' Caucus Page 83 WESTERN ONTARIO vv%JTWU WARDENS CAUCUS cc. Hon. Rob Flack, Associate Minister of Housing Rob. Flack(a)_pc.ola.org Matthew Rae, Parliamentary Assistant to the Minister of Municipal Affairs and Housing Matthew. Rae(a-).pc.ola.org 1►JL*1►NQkvA . . WOWC MPs Eastern Ontario Wardens' Caucus ww,prajV&4c. ca WESTERN ONTARIO VV%JVVU WARDENS CAUCUS October 24, 2023 The Honourable Todd A. Smith, Minister of Energy, Ontario Send electronically via email MinisterEnergy(a)-ontario.ca Re: Leave to Construct Threshold Dear Minister Smith, On October 13, 2023, the WOWC passed a resolution in favour of the Government of Ontario updating the LTC cost threshold from $2M to $20M for hydrocarbon lines (by amending Ontario Regulation O.Reg.328/03) while maintaining current requirements and expectations for Indigenous consultation and environmental review for projects greater than $2M and less than $10M. Western Ontario has seen significant growth in the past decade with pressures to build out the gas pipeline network. Many municipalities in our region have lost major investment opportunities because of the delays in getting natural gas to development sites. Any person or company planning to construct hydrocarbon transmission facilities within Ontario, must apply to the OEB for authorization, if the projected cost to build the pipeline is over $2 million, a threshold that was set in 1998. Industry proposes updating the LTC cost threshold from $2M to $10M for hydrocarbon lines (by amending Ontario Regulation O.Reg.328/03) while maintaining current requirements and expectations for Indigenous consultation and environmental review for projects greater than $2M and less than $10M. Increasing the cost threshold to $10M would closer align Ontario with other Canadian jurisdictions (e.g., in B.C., these thresholds are $15M for electricity and $20M for natural gas). The WOWC is recommending a $20M threshold for our Province to be competitive with other Canadian jurisdictions. Ontario's outdated regulations are causing the LTC to apply far more broadly than intended when it was established over 20 years ago. Due to increased regulatory and cost pressures, as well as inflation, virtually all gas pipeline projects are now greater than $2M rendering the threshold meaningless. Roughly 0.5 KM pipe in urban settings now often exceed the $2M threshold. Examples of businesses lost in the region due to the regulation include; • EV Battery Manufacturer, investment of $1 Billion • New Distillery • 2 New Agricultural processing plants - $140 million total investment • New Agricultural plant - $225 million USD investment wwpva1Vw. ca Page 2 of 2 Modernizing these outdated regulations would reduce delays and costs for economic development initiatives including new industries seeking to locate in Ontario and create jobs (or existing seeking to expand), transit projects, community expansion projects, housing developments, connections for low carbon fuel blending (e.g. renewable natural gas, hydrogen) as well as residential and business customer connections. The WOWC supports an increase in the Leave to Construct threshold to $20M. Sincerely, -/-�? �� n,,�7 Glen McNeil Chair, Western Ontario Wardens' Caucus cc. Western Ontario MPPs WOWC Members WOWC Local Municipalities From: Great Lakes and Water Policy Section (MNRF) To: Great Lakes and Water Policy Section (MNRF) Cc: Keyes. Jennifer (MNRF) Subject: Release of Decision Regarding Technical Bulletin: Data Survey and Mapping Specifications Date: Monday, December 4, 2023 10:28:18 AM Attachments: DSM Technical Bulletin Decision Notification Letter.Ddf You don't often get email from mnrwaterpolicy@ontario.ca. Learn why this is im op rtant EXTERNAL ** This email is being sent on behalf of Jennifer Keyes, Director, Resources Planning and Development Policy Branch ** Good Morning, Today, the government posted a decision notice to the Environmental Registry of Ontario finalizing the "Technical bulletin - Flooding hazards. data survey and mapping specifications". This new technical bulletin is to be applied when delineating the flooding hazard through mapping new, or updating existing, maps. It is intended to assist technical personnel experienced in mapping and geomatics in undertaking flood hazard surveying and mapping in Ontario and to serve as the definitive source of flood hazard data, survey and mapping guidance for use in Ontario. Feedback on the draft technical bulletin was accepted from July 4th until September 5th, 2023. Feedback was for the most part supportive of the criteria and guidance provided in the Technical Bulletin. Comments received supported the additional clarity with regards to the necessary data considerations and mapping specifications to support flood hazard identification in Ontario. There was broad support for the Technical Bulletin providing flood hazard mapping recommendations, but not being a set of mandatory instructions to be applied in all circumstances. Expanded guidance and clarification was provided for using surveyed and remotely sensed channel bathymetry and floodplain surface topography, to support the use of different types of models. Clarification and guidance related to vertical and horizontal datum transformations to the CGVD2013 datum (see Section 3.0 of Technical Bulletin), and associated limitations on the conversion process were sought however, MNRF endeavours to update this Technical Bulletin in the future to align with and reference pending Government of Ontario Information and Technology Standards. Other additional comments received will be revisited in future revisions of this Technical Bulletin as future associated Technical Bulletins (e.g., hydrology and hydraulics methods) are released and new content can be added. The Ministry intends to keep this and other future natural hazard technical bulletins in an `evergreen' state and update as new science and methods emerge. As committed to in Ontario's Flooding Strategy, MNRF is in the process of updating other natural hazard technical guidance and anticipates additional documents to be released for public comment over the coming months and years. Page 87 Sincerely, Jennifer Keyes Director, Resources Planning and Development Policy Branch Ministry of Natural Resources and Forestry If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2097. The Regional Municipality of Durham Minutes Energy From Waste — Waste Management Advisory Committee Tuesday, November 28, 2023 A meeting of the Energy From Waste — Waste Management Advisory Committee was held on Tuesday, November 28, 2023 in Council Chambers, Regional Headquarters, 605 Rossland Road East, Whitby, at 7:00 PM. Electronic participation was permitted for this meeting. 1. Roll Call Present: G. Gordon, Whitby, Chair G. Baswick, Clarington G. Best, Whitby attended the meeting at 7:06 PM M. Cannon, Oshawa R. Fleming, Pickering K. Palinka, Oshawa attended the meeting at 7:07 PM T. Shomar, Clarington *all members of the Committee participated electronically Absent: P. Haylock, Clarington, Vice -Chair J. Vinson, Clarington Non -Voting Members Present: S. El-hajjeh, Local Councillor, Municipality of Clarington *all non -voting members of the Committee participated electronically Staff Present: S. Ciani, Committee Clerk, Corporate Services — Legislative Services K. Dykman, Supervisor, Waste Services A. Evans, Director, Waste Management Services R. Inacio, Systems Support Specialist — Information Technology D. San Juan, Environmental Health Specialist, Health Department, Durham Region *all staff members participated electronically 2. Declarations of Interest There were no declarations of interest. 3. Adoption of Minutes Energy from Waste — Waste Management Advisory Committee Minutes November 28, 2023 Page 2 of 5 Moved by T. Shomar, Seconded by M. Cannon, That the minutes of the EFW-WMAC meeting held on Tuesday, June 27, 2023, be adopted. CARRIED Moved by T. Shomar, Seconded by M. Cannon, That the minutes of the EFW-WMAC meeting held on Tuesday, September 26, 2023, be adopted. CARRIED 4. Presentations There were no presentations heard. 5. Delegations There were no delegations heard. 6. Correspondence There were no correspondence items to be considered. 7. Administrative Matters A) EFW-WMAC Work Plan (2023-2024) — Working Group Updates A. Evans reminded Committee members that the three areas of the workplan that could be further investigated are: 1. Plan and Program Implementation (as it relates to the Long -Term Waste Management Plan, Extended Producer Responsibility (EPR), and changes and enhancements to the Region's Organics Program); 2. Diversion Program Assessment (review and assess opportunities for the Region to optimize and increase diversion opportunities within Durham Region); and 3. Technology and Facility Review (reviewing key technologies which are or may be utilized by the Region in delivery of waste management services). K. Palinka expressed an interest in investigating the green bin program, and G. Gordon expressed an interest in the new commercial or multi -residential facilities and their waste and recycling streams. A. Evans responded to questions from the Committee regarding when the contract for the Region's organics program will come into effect; whether asphalt shingles can be diverted and if other jurisdictions are using this process; the adoption of new waste streams (such as pet waste and diapers), how the additional waste will be managed, and whether waste workers would be exposed to any pathogens; an update on the landfill mining program; and Page 90 Energy from Waste — Waste Management Advisory Committee Minutes November 28, 2023 Page 3 of 5 whether communication materials regarding various Regional waste activities are being put together to keep residents informed. B) Update by Greg Gordon, EFW-WMAC Chair, and Phil Haylock, EFW-WMAC Vice -Chair, regarding the Finalization and Presentation of the EFW-WMAC 2023 Annual Report for Presentation to the Durham Region's Works Committee on December 6, 2023 and to the Municipality of Clarington's Council on December 18, 2023 G. Gordon provided an overview of the draft 2023 Annual Report that will be presented to the Durham Region's Works Committee on December 6, 2023 and to the Municipality of Clarington's Council on December 18, 2023. The Committee discussed the need for continued oversight on the Biocover program through the Landfill Mining Project. A. Evans responded to a question from the Committee regarding whether the land and new facility located North of the Durham York Energy Centre (DYEC) would be used in collaboration between the Region of Durham and the Municipality of Clarington, and whether some of the energy produced at the DYEC could be used for the new facility. 8. Other Business A) Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Community and Outreach Activities A. Evans advised that the Curbside Swap Day held on September 16, 2023 was very successful. He advised that staff will be bringing forward a report with the results of the day to the Works Committee at their December 6, 2023 meeting and recommending that a curbside giveaway event be held twice a year in the Spring and Fall. A. Evans also advised that October was Circular Economy Month, with waste reduction week being held the third week of October. He also advised that there is currently a major push in messaging to residents regarding the Region's two stream recycling process (separation of containers and fibres) as a result from feedback staff received from the market. He further advised that battery collection was held in early November. A. Evans responded to questions from the Committee regarding the results of the battery collection event in November; whether the Region attended any community events in 2023, and if there is an opportunity to increase staff at those events; and what the process is for getting new residents adjusted to the waste and recycling process in Durham Region. Page 91 Energy from Waste — Waste Management Advisory Committee Minutes November 28, 2023 Page 4 of 5 B) Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding the `2022 Annual Waste Summary' and the `Summary of Waste Management Curbside and Multi -Residential Waste and Green Bin Audit' A. Evans provided the following results from the 2022 Annual Waste Summary: • 228,884 tonnes of waste was collected from 248,846 households (62% diversion pending verification); • 84% blue bin participation; and • 61% of houses used the green bin (increase since pre -pandemic). A. Evans advised that staff periodically audit materials to see how the Region's programs are being utilized by the community and to identify any gaps in the program which could stem from individuals moving between neighbouring jurisdictions that may accept materials that the Region does not currently accept. A. Evans responded to questions from the Committee regarding why waste diversion has increased since 2018; and whether staff can breakdown the waste diversion numbers by municipality. C) Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Durham York Energy Centre A. Evans advised that the Durham York Energy Centre (DYEC) facility remains fully operational with no issues to report. He advised that the compliance source testing was completed in late September/early October, and that the results should be available early next year. A. Evans responded to questions from the Committee regarding whether the Ministry of Environment, Conservation, and Parks (MECP) has released any new information regarding the tonnage increase for the DYEC. 9. Next Meeting The next regularly scheduled meeting of the EFW-WMAC will be held on Thursday, February 27, 2024 in Council Chambers, at 7:00 PM, Regional Headquarters, 605 Rossland Road East, Whitby. 10. Adjournment Moved by R. Fleming, Seconded by K. Palinka, That the meeting be adjourned. CARRIED Page 92 Energy from Waste — Waste Management Advisory Committee Minutes November 28, 2023 Page 5 of 5 The meeting adjourned at 8:06 PM. G. Gordon, Chair, Energy from Waste — Waste Management Advisory Committee S. Ciani, Committee Clerk Page 93 From: Linda Laliberte Cc: Lucas Cleveland; tvauahan(c coboura.ca; "blarmer(c coboura.ca"; ohankivskv(a porthope.ca; Brian Gilmer; siibbCabhamiltontownship.ca; cwhiteCalporthope.ca; dlivingstone(abhamiltontownship.ca; Arthur Anderson; Mavor Shared Mailbox; Dempster. Mary -Anne; ClerksExternalEmail; vhurlev(dkavanmonaahan.net; "cpaae(c cavanmonaghan.net"; maraham(a)cavanmonaghan.net; ddawsonCalahtwp.ca; iloaet(abahtwsp.ca; nmacdonald(c ahtwp.ca; delm4e(a kawarthalakes.ca; rtavlor(a kawarthalakes.ca; Cathie Ritchie Subject: Programs and Services Inventory November 23, 2023 Date: Friday, December 8, 2023 12:15:50 PM Attachments: imaae002.png GRCA Programs-Services-Inventory-Nov-23-2023.pdf EXTERNAL Good Afternoon: In early October 2021, the province of Ontario released three new regulations under the Conservation Authorities Act. These regulations are intended to implement some of the amendments made to the Act over the last few years. In the fall 2021, the province communicated information about these new regulations directly to municipalities. One of these regulations, Ontario Regulation 687/21, Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act required each Conservation Authority to develop a Transition Plan which outlined timelines for developing and completing program and service agreements with watershed municipalities. The regulation required the Conservation Authority to circulate a transition plan by December 31, 2021 to all watershed municipalities as well as the Ministry of the Environment, Conservation and Parks. The Transition Plan was forwarded to the member municipalities in early December 2021. A second requirement under Ontario Regulation 687/21 is to develop an Inventory of Programs and Services based on the three categories identified in the Regulation. These categories, as defined by the regulation, include: (1) Mandatory, (2) Municipally requested, and (3) Other (that the Authority determines are advisable). The regulation further required that the Inventory listing be submitted to the Ministry of the Environment, Conservation and Parks and circulated to all participating municipalities by February 28, 2022 as well as to post it on the GRCA's website. This requirement was completed February 24, 2022. The Programs and Services Inventory has been reviewed over the past year and a half with some revisions made including the removal of natural heritage review and the Clean Water — Healthy Lands program being moved from Category 2 to Category 3. Attached is the Ganaraska Region Conservation Authority's (GRCA) Programs and Services Inventory which indicates the category as well as the cost of each area based on the average of the 2023 budget and 2024 preliminary budget. This document was approved by the Board of Directors at the November 23, 2023 meeting at which time the Board directed staff to distribute the Programs and Services Inventory to the member municipalities and the Ministry of Natural Resources and Forestry. Page 94 The Inventory of Programs and Services is to be an evolving document. Updates will be provided to municipalities and posted on the Authority's website. The GRCA appreciates its partnership with all watershed municipalities and look forward to working with you on the very important program areas. This correspondence has been sent to the Mayor, Chief Administrative Office and Clerk of all watershed municipalities. If you have any questions or wish to discuss any of the above, please do not hesitate to contact me. Linda Linda J. Laliberte, CPA, CGA CAO/Sec reta ry-Treasure r 1- Ganaraska CONSERVATION "Clean Water Healthy Lands for Healthy Communities" 2216 County Road 28 Port Hope ON L1A 3V8 905-885-8173 ext. 223 www.grca.on.ca Please visit our website for futher information and the staff directory. Disclaimer: This communication is intended for the addressee indicated above. It may contain information that is privileged, confidential or otherwise protected from disclosure under the Municipal Freedom of Information and Privacy Protection Act. If you have received this email in error, please notify me immediately. Page 95 FA Ganaraska Y?O'�CONSERVATION GANARASKA REGION CONSERVATION AUTHORITY PROGRAMS & : RVIGtS INVENTORY UL�11� -..mA NOVEMBER 23, 2023 Page 96 Ganaraska Region Conservation Authority Programs and Services Inventory With the passage of Regulation 687/21 "Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act", Ganaraska Region Conservation Authority (GRCA) is required to prepare an inventory in accordance to Section 6 of the new regulation. The inventory, as quoted from the regulation, states the following: Section. 6 — Inventory of Programs and Services 1) An authority shall prepare an inventory to include in its transition plan in accordance with this section. 2) In preparing the inventory, the authority shall ensure that, a) the inventory lists all the programs and services that the authority is providing as of February 28, 2022; b) the inventory lists all the programs and services described in subsection (7) that the authority intends to provide after February 28, 2022; and c) for each program or service listed in accordance with clause (a) or (b), the authority, i) estimates of the total annual cost of providing the program or service in the following manner and includes the estimate in the inventory. (1) if the program or service has been provided by the authority for a period of five or more years, calculate the average annual cost of providing the program or service for five years, (2) if the program or service has been provided by the authority for a period of less than five years, calculate the average annual cost of providing the program or service based on the period that the program was offered, (3) if the program or service has not been provided by the authority but is intended to be provided after February 28, 2022, calculate the average annual cost of providing the program or service based on the authority's best assessment of what the costs will be and provide an explanation for the assessment, and (4) if the authority is of the opinion that the average annual cost determined under sub-subclause (A) or (8) does not reflect the average annual cost to provide the program or service in the future, adjust the average annual cost and provide an explanation for this adjustment, Page 97 GRCA Programs and Services Inventory Version 3.0 ii) indicates the sources of funding available to cover the total annual cost estimated in subclause (i), including any municipal funding provided through municipal levy, provincial or federal funding, private funding or funding generated by the authority through user fees or otherwise, and iii) provides an estimate of the percentage of the total annual cost estimated in subclause (i) that each of the sources of funding referred to in subclause (ii) is expected to cover. 3) In the inventory, the authority shall classify all of the programs and services listed under clause (2) (a) according to the following categories of programs and services: 1. Category 1 programs and services - the mandatory programs and services provided under section 2 1. 1 of the Act. 2. Category 2 programs and services - the municipal programs and services provided under section 21.1.1 of the Act. 3. Category 3 programs and services - the other programs and services provided under section 21.1.2 of the Act. 4) For each Category 1 program or service listed in the inventory under clause (2) (a), the authority shall, a) indicate into which type of Category 1 programs and services it falls, based on the types of mandatory programs and services that are, i) described in paragraph 1 of subsection 2 1. 1 (1) of the Act, ii) prescribed by regulation under paragraph 2 of subsection 21.1(1) of the Act, and iii) described in subsection 21.1 (2) of the Act; and b) explain why, in the authority's opinion, each Category 1 program or service falls into the specified type of mandatory programs and services and, if the authority has concerns about how to classify certain programs and services, explain those concerns. 5) For each Category 2 program or service listed in the inventory under clause (2) (a), the authority shall include the following information.- (1) The name of the municipality on behalf of which the program or service is provided. GRCA Programs and Services Inventory Version 3.0 (2) The date on which the authority and the municipality entered into a memorandum of understanding or another agreement with respect to the provision of the program or service. 6) For each Category 3 program or service listed in the inventory under clause (2) (a), the authority shall include the following information: (1) Whether or not the program or service was financed, in whole or in part, through municipal levies collected from participating municipalities. (2) Whether or not the authority intends to seek to enter into a cost apportioning agreement with one or more participating municipalities to ensure all or part of the financing of the program or service after the transition date. 7) If an authority is aware on or before February 28, 2022 that it intends to provide a new Category 1, Category 2 or Category 3 program or service after February 28, 2022, the authority shall, a) include the proposed program or service in the inventory, b) in the case of a Category 2 program or service, indicate in the inventory that the authority intends to enter into a memorandum of understanding or another agreement under section 21.1.1 of the Act with the municipalities on behalf of which the program or service will be provided, and c) in the case of a Category 3 program or service, indicate in the inventory whether the authority intends to seek to enter into a cost apportioning agreement with one or more participating municipalities to ensure all or part of the financing of the proposed program or service after the transition date. The Programs and Services Inventory table which follows lists the Ganaraska Region Conservation Authority's (GRCA) programs and services as well as new requirements as described in Ontario Regulation 686/21. Page 99 Ganaraska Region Conservation Authority November 23, 2023 Program Program/Service and Description Category Category Program Funding mechanism Area Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Support Services: Program Description: Key assistance provided to all departments of the conservation authority, board of directors, member municipalities and the general public to enable Ganaraska Conservation to operate in an accountable, transparent, efficient and effective manner. CS Corporate Services Administrative, human resources, operating and capital 1 CA Act 20 264,600 Municipal Levy — 87% costs which are not directly related to the delivery of Self -Generated — 13% any specific program or service, but are the overhead and support costs of a conservation authority. Includes health and safety program, overseeing programs and policies. CS Financial Annual budget, accounts payable and receivable, 1 CA Act 20 81,700 Municipal Levy —100% Management payroll, financial analysis, financial audit, administration of reserves and investments, financial reports for funding agencies, preparing and submitting reports to CRA, benefits program administration. CS Legal Expenses Costs related to agreements/contracts, HR, etc. 1 CA Act 20 3,000 Municipal Levy —100% CS Governance Supporting CA Boards, Advisory Committees, Office of 1 CA Act 17,000 Municipal Levy- 100% CAO/ST Part IV CS Communications and Public awareness -natural hazards, flood forecasting and 1 CA Act20 49,330 Municipal Levy —100% Outreach warning, permitting requirements, natural hazard identification, mitigation, readiness and response, governance, policy, municipal and public relations and engagement, conservation lands. CS Administration Administrative office and millennium building used to 1 CA Act 133,000 Municipal Levy — 90% Buildings support staff, programs, and services. Includes utilities, 20 Self -Generated —10% routine and major maintenance, property taxes. Included is a charge out for capital asset replacement. CS Information Data management, records retention. Development and 1 CA Act 69,200 Municipal Levy - 100% Technology use of systems to collect and store data and to provide 20 Management/ GIS spatial geographical representations of data. Included is a charge out for capital asset replacement. Page100 Program Program/Service and Description Category Category Program Funding mechanism Area Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Natural Hazard Management Program Program Description: Conservation Authorities (CAs) are the lead provincial agencies on Natural Hazard issues. The goal is to protect life and property from flooding and erosion. This watershed -wide, comprehensive program includes development applications and permits, municipal plan input and review, environmental planning and policy, flood forecast and warning, flood and erosion control infrastructure, technical studies, ice management, education, and public awareness. WMHM Section 28 Permit Reviewing and processing permit applications, 1 CA Act 96,300 Municipal Levy — 62% Administration associated technical reports, site inspections, 21.1 Self -Generated — 38% communication with applicants, agents, and consultants O.Reg. and legal costs. Violations also fall under this category 686/21 Sec 8 EAS Municipal Plan Input Technical information and advice to municipalities on 1 CA Act 249,900 Municipal Levy —70%, and Plan Review circulated municipal land use planning applications 21.1 Self -Generated -30% (Official Plan and Zoning By-law Amendments, O.Reg. Subdivisions, Consents, Minor Variances). Input to 686/21 municipal land -use planning documents (OP, Sec 6 and Comprehensive ZB, Secondary plans) related to natural 7 hazards, on behalf of Ministry of Natural Resources and Forestry (MNRF), delegated to CAs (1983). Input to the review, approval processes under other applicable law, with comments related to natural hazards, wetlands, watercourses, and Sec. 28 permit requirements. WMHM Flood Forecasting and Daily data collection and monitoring of weather 1 CA Act 160,500 Provincial Transfer Warning forecasts, provincial and local water level forecasts, 21.1 Payment - 27% watershed conditions, snow surveys, flood event O.Reg. Municipal Levy — 73% forecasting, flood warning, communications and 686/21 response and equipment maintenance. Sec 2.1 Page 101 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs WMHM Flood and Erosion Water and erosion control infrastructure operations and 1 CA Act 32,100 Provincial Transfer Control Infrastructure management. Includes all water management structures 21.1 Payment — 32 Operation and (flood control, dams and channels, berms, erosion O.Reg. Municipal Levy — 68% Management control, etc.) that are annually inspected, and routine 686/21 maintenance work completed. Included is a charge out Sec 2.1 for capital asset replacement. Sec 5.1 WMHM Flood and Erosion Major maintenance on flood and erosion control 1 CA Act Varies from Provincial WECI— 50% Control Infrastructure structures as required. Projects are dependent on Water 21.1 year to year Benefitting Municipal Major Maintenance and Erosion Control Infrastructure (WECI) funding from O.Reg. Levy — 50% the province and support from our municipal partners. 686/21 Sec 5 WMHM Low water response Conditions monitoring and analysis. Technical and 1 CA Act 4,000 Municipal Levy — 100% administrative support to the Water Response Team 21.1 representing major water users and decision makers, O.Reg. who recommend drought response actions. 686/21 Sec 3 WMHM Information Data collection, mapping, data sets, watershed 1 CA Act Varies year Benefitting Municipal Management photography. Development and use of systems to 21.1 to year Levy - 100% collect and store data and to provide spatial depending geographical representations of data. This includes our on projects geographical information systems and support. WMHM Technical Studies and Studies and projects to inform natural hazards 1 CA Act Varies from Benefitting Municipal Policy Review management programs including floodplain 21.1 year to year Levy /Self -Generated — management, watershed hydrology, regulations areas O.Reg. 100% mapping update, flood forecasting system assessment, 686/21 Alternate grant funding floodplain policy, Lake Ontario shoreline management. Sec 1 when available These projects often for a specific number of years and are distributed overtime as human resources and funding is available. CL Natural Hazards Promoting public awareness of natural hazards including 1 CA Act 12,000 Municipal Levy — 70% Communications, flooding, drought, and erosion. Attending public events, 21.1 Self -Generated — 30% Outreach and supplying materials. Social media services. Media O.Reg. Education relations. Educate elementary school students through 686/21 the Spring Water Awareness program about the danger Sec 1(3)-3 of floodwaters, dangers of dams, etc. Page102 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Provincial Water Quality & Quantity Monitoring Program Description: Ganaraska Conservation, in partnership with Ministry of Environment, Climate Change and Parks (MECP), has established longterm sites to monitor surface and ground water conditions as well as an investment into long-term monitoring of climate change trends. WMHM Provincial Water CA/MECP partnership for stream water quality 1 O. Reg. 6,100 Municipal Levy— 100% Quality Monitoring monitoring at 9 sites. Staff take water samples and 686/21 Network (PWQMN) MECP does lab analysis and data management. 12 (1) 2 Information is used for watershed report cards and stewardship project prioritization. WMHM Provincial A long-standing CA/MECP partnership for groundwater 1 O. Reg. 76,000 Benefitting Municipal Groundwater level and quality monitoring at 17 stations. Costs include 686/21 Levy —100% Monitoring Network sampling, data collection, analysis, data management 12 (1) 1 (PGMN) and reporting. MECP funded network installation and continues to fund equipment replacements. Data collected supports groundwater monitoring, low water response, and water quality monitoring. Local Water Quality Monitoring Program Description: Ganaraska Conservation, in partnership with community organizations, municipalities, and federal and provincial agencies has established sites to monitor surface water quality and quantity as well as many other parameters to support a healthy ecosystem. WMHM Surface Water Quality Surface water quality monitoring at 18 surface water 2 CA Act 98,000 Benefitting Municipal Monitoring Program sites, (in addition to PWQMN), water quantity Levy —100% measurements at 80 baseflow sites and water quality samples collect at 4 auto sampler sites supporting Lake Ontario nearshore water monitoring. Costs include sampling, analysis, equipment maintenance and reporting. Drinking Water Source Protection Program Description: The protection of municipal drinking water supplies in the Trent Conservation Coalition (TCC) Region and the Ganaraska Region Source Protection Area through the development and implementation of TCC Source Protection Plans. Ganaraska Conservation is a member of the TCC which is a complex regional grouping of five Source Protection Areas including Ganaraska, Crowe, Otonabee, Kawartha and Lower Trent Authorities WMHM Local Source Source Protection Authority reports, meetings and 1 O.Reg. 90,000 Provincial Transfer Protection Area DWSP governance. Delivery of the activities required by the 686/21 Payment MECP-100% Clean Water Act and regulations as per Clean Water Act. Sec 13 WMHM DWSP Risk Carrying out Part IV duties of the Clean Water Act on 2 CA Act 2,000 Municipal Agreements Management Official behalf of municipalities through service agreements. 21.1.1 —100 % Page103 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Core Watershed -based Resource Management Strategy Program Description: The purpose of a watershed plan is to understand the current conditions of the watershed, and identify measures to protect, enhance, and restore the health of the watershed. Watershed strategies provide a management framework to provide recommendations which consists of goals, objectives, indicators, and management recommendations. This addresses existing issues in the watershed and mitigate impacts from potential future land uses, while recommending appropriate actions to protect, enhance, and restore the watershed. New Watershed -Based New Project: Collate/compile existing resource 1 O. Reg. To be Municipal Levy —100% Resource management plans, watershed plans, studies, and data. 686/21 determined Management Strategy Strategy development, implementation, and annual 12 (1) 3 Development reporting. This project builds on previous Watershed Management Strategies. To be completed on or before December 31, 2024 per requirements of Regulation. Sub -watershed Plans and Projects Program Description: Watershed strategies provide a management framework to provide recommendations which consists of goals, objectives, indicators, and recommendations. This addresses existing issues in the watershed and mitigate impacts from potential future land uses, while recommending appropriate actions to protect, enhance, and restore the watershed. WMHM Natural Heritage Ganaraska Conservation incorporates natural heritage 2 O. Reg. 33,000 Benefitting Municipal Mapping information particularly around wetlands to develop 686/21 Levy —100% planning and regulatory strategies to mitigate 12 (1) 3 downstream natural hazards. Data is also used in hydrologic and hydraulic models. EAS Watershed Ecology Ganaraska Conservation provides watershed ecology 2 CA Act 46,100 Benefitting Municipal services to specific watershed municipalities. Levy —100% Conservation Authority Lands and Conservation Areas Program Description: Ganaraska Conservation owns over 11,000 acres of land which includes conservation areas, the Ganaraska Forest, significant wetlands and flood control structures and surrounding land. Ganaraska Conservation property is essential to watershed management, environmental protection, helps implement the Watershed Management Strategy and provides areas for passive recreation. CL Section 29 Conservation Areas/Ganaraska Forest/ regulation 1 CA Act 20,000 Municipal Levy —100 Enforcement and enforcement and compliance. 29 Compliance Ganaraska Conservation staff and a contracted company O.Reg patrol the 11,000 acres Ganaraska Forest and 686/21 conservation areas to ensure that the regulations are 9(1) 4 being adhere to by the users. Page 104 Program/Service and Subservices Description Category (1,2,3) Category Rationale Program Cost Estimate ($) Funding mechanism and percentage of costs CL Ganaraska Forest Category 1 - Ganaraska Conservation owns and 1,3 CA Act 600,000 Municipal Levy — 20% maintains the 11,000 acre Ganaraska Forest. The forest 21.1 Self -Generated — 80% has 100's of kilometers of multi -use trails that require O.Reg maintenance year round. This Includes recreation, forest 686/21 9 management, risk management program, hazard tree (1) 2 i, ii management, gates, fencing, signage, communications, and iv pedestrian bridges, trails, parking lots, picnic shelters, road, restoration, ecological monitoring, carrying costs such as taxes and insurance. The Ganaraska Forest Management Plan guides the management of the forest. The plan's primary goal is "to conserve, enhance and where feasible restore the forest ecosystem to reflect the native biodiversity of the Ganaraska Forest while at the same time embracing recreational, education and social activities that support the health and sustainability of the forest." Category 3 — GRCA also does timber management within 250,000 Self -Generated- 100% the forest. The Forest Management Plan lists principles by which the forest is managed and the last principle states that "the _Ganaraska Forest provides a sustainable economic benefit to the GRCA, without compromising the ecological health of the Ganaraska Forest." The revenues vary from year to year based on the plan. Expenses are matched with those revenues. CL Conservation Areas GRCA is responsible for the management and 1 CA Act 308,400 Municipal Levy —100% maintenance of 9 conservation areas, as well as other 21.1 lands that are not formal conservation areas. This O.Reg Includes passive recreation, forest management, risk 686/21 9 management program, hazard tree management, gates, (1) 2 i, ii fencing, signage, communications, pedestrian bridges, and iv trails, parking lots, picnic shelters, road, restoration, ecological monitoring, carrying costs such as taxes, insurance and capital asset replacement. Page105 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs CL Conservation Area Major maintenance and capital improvements to 1 CA Act Varies Self -Generated — 100% Major Maintenance support public access, safety, and environmental 21.1 protection such as pedestrian bridges, boardwalks, pavilions, trails. These expenses are covered by the capital asset reserve in most cases. CL Land Acquisition Strategic acquisition of environmentally significant 2 CA Act Varies Municipal - % properties. 3 21.1 Self -Generated — % O.Reg 686/21 9 (1) 2 vi New Inventory of New Project: The land inventory will include the 1 O. Reg. To be Municipal Levy— 100% Conservation following information: location, date obtained, method 686/21 determined Authority lands and purpose of acquisition, land use. Project updates as 9 (3) inventory changes. To be completed on or before December 31, 2024 per requirements of Regulation. New Strategy for CA owned New Project: A strategy to guide the management and 1 O. Reg. To be Municipal Levy —100% or controlled lands use of CA -owned or controlled properties including 686/21 determined and management guiding principles, objectives, land use, natural heritage, 9 (1)1 plans classifications of lands, mapping, identification of programs and services on the lands, public consultation, publish on website. Updates of existing conservation area management plans. To be completed on or before December 31, 2024 per requirements of Regulation. New Land Acquisition and Update: Update current policy to guide the acquisition 1 O. Reg. To be Municipal Levy— 100 % Disposition Strategy and disposition of land to fulfill the objects of the 686/21 determined authority. 9 (2) vi To be completed on or before December 31, 2024 per requirements of Regulation. Page106 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Watershed Stewardship Program Description: The watershed stewardship program includes a fisheries component, a program funded by municipalities which provides funding for landowners for projects and the landowner tree planting program. WS Private Landowner Clean Water -Healthy Land — Financial Assistance 3 CA Act 60,000 Benefitting Municipal Stewardship Program Program. Levy —100% In partnership with some of the watershed municipalities, Ganaraska Conservation offers environmental technical and financial assistance, tools and information to any resident, business, school or service club within its jurisdiction and within the participating municipality. WS Tree Planting Services Clean Water -Healthy Land —Tree Planting 3 CA Act 100,000 Self -Generated —100% GRCA Tree Seedling Program allows property owners to purchase bare root native tree and shrub seedlings at a minimal cost. GRCA also provides full -service tree planting to landowners. WS Fisheries Services In partnership with Fisheries and Oceans Canada, 3 CA Act 26,800 Agreement in place Ganaraska Conservation staff are responsible for the sea Self -Generated — 100% lamprey monitoring program on Cobourg Creek which captures and samples many difference species and record the results and submit data. Fish surveys are also done with other partners, such as OPG and Hydro One through agreements. WS Stewardship Partner Ganaraska Conservation's stewardship program 3 CA Act Varies from Agreement in place Projects partners with various organizations to deliver year to year Self -Generated — 100% environmental programs and projects. These programs are for a limited time period. Example include the Highway of Heroes Tree Campaign tree planting partnership, Forests Ontario and the Durham Collaborative Tree Program. Page107 Program/Service and Description Category Category Program Funding mechanism Subservices (1,2,3) Rationale Cost and percentage of Estimate ($) costs Other Program Areas Program Description: Ganaraska Conservation delivers other programs that are not part of the mandatory programs and services as outlined in O. Reg. 686/21. All of thee programs are funded without municipal general levy. All of the programs influence and enhance the health and watershed management of the GRCA and are part of a larger integrated watershed management model. CL Outdoor Education The Ganaraska Forest Centre, located in the heart of the 3 CA Act 479,200 Self -Generated —100% Ganaraska Forest, is home to the outdoor education 21.1.2 program of the GRCA where thousands of students visit for a day or overnight to learn about their environmental footprint and become familiar with the natural world around them. Taught by Ontario — certified teaching staff, the GFC offers curriculum -based education programs for elementary and secondary students. These programs focus on local watersheds, ecosystems, and environmental issues. Programs take can also take place at schools (indoors and outdoors) or through online learning. NEW Other Opportunities for new projects or programs that benefit 3 CA Act Self -Generated and/or the watershed and its municipal partners can occur 21.1.2 Benefitting Municipal anytime and can have varying durations. These projects Levy may require matching funding or be self-sustaining. New projects may require municipal participation and/or funding. Appendix 1) All of the financial information provided is based on estimates, including the percentage of the total annual fund contributions of the various funding providers 2) Under O. Reg. 687/21 Section 6. (2)(c)(i)(D) if the authority is of the opinion that the average annual cost determined under sub-subclause (A) or (B) does not reflect the average annual cost to provide the program or service in the future, adjust the average annual cost and provide an explanation for this adjustment The costs associated with each program and service are estimated based on the 2023/2024 budget for Ganaraska Conservation. COVID-19 has had a significant impact on the revenues of GRCA and therefore a five-year estimate is not reflective of current and future costs. The costs for programs and services increase annually due to increases in wages and benefits and the increased operational costs due to inflation. As well program operations are often modified based on best management practices. W Page108