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Electronic Council Communications Information
Package
Date: December 15, 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
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Electronic Council Communications Information Package (ECCIP)
December 15, 2023
Pages
Region of Durham Correspondence
2. Durham Municipalities Correspondence
3. Other Municipalities Correspondence
3.1 City of Greater Sudbury - Amendment to the Occupational Health and 3
Safety Act to Clarify the Definition of "Employer" - December 12, 2023
4. Provincial / Federal Government and their Agency Correspondence
5. Miscellaneous Correspondence
5.1 Minutes from the Ganaraska Region Conservation Authority dated 5
November 23, 2023
Page 2
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December 12, 2023
*Sent Via Email*
Municipalities of Ontario
Re: Amendment to the Occupational Health and Safety Act to Clarify the Definition of
"Employer"
PO BOX 5000SIN A The following resolution was passed by Council of the City of Greater Sudbury on
200 BRADY STREET
SUDI3URYON P3A5P3 December 5, 2023:
2 0,RUEBRADY CC2023-303: WHEREAS in 2015 the City of Greater Sudbury (the "City')
SUD13LIRYON P3A5P3 entered into a contract with a contractor experienced in road construction
projects to complete a project on Elgin Street in the City's downtown core;
705.671.2489 AND WHEREAS the contract provided that the contractor would be the
wwwgreatersuAwyca constructor for the project as that term is defined in the Occupational Health
wwwgrandsudburyca and Safety Act (the "Act');
AND WHEREAS an employee of the constructor operating a grader on the
project struck and killed a pedestrian;
AND WHEREAS the City was charged with offences under the Act as the
constructor and the employer;
AND WHEREAS after being acquitted at trial and on appeal, the Ontario Court
of Appeal, in a decision issued on April 23, 2021, found the City to be liable for
contraventions of the Construction Regulations as an employer as it employed
quality control inspectors to monitor the quality of work on the project from
time -to -time;
AND WHEREAS the Supreme Court of Canada, in a decision issued on
November 10, 2023, was evenly divided 4-4 on the issue resulting in dismissal
of the City's appeal;
AND WHEREAS the consequence of this decision is that municipalities in
Ontario, as well as all other owners of property in the province, who wish to
undertake construction, are subject to being charged and convicted as an
employer for offences in relation to project sites for which they have no control
and have, in accordance with the Act, contracted with an entity to assume
plenary oversight and authority over the work on such site as the constructor;
AND WHEREAS the potential of an owner being charged as an employer as
that term is defined in the Act in circumstances where it has engaged a
constructor disregards and renders meaningless the owner -constructor
provisions contained in the Act and presents an unacceptable level of
increased risk and confusion for owners and contractors throughout the
province;
Page 3
AND WHEREAS the City believes that the safety of workers is paramount
however the safety of workers on construction projects in Ontario is not
increased by placing liability on parties that do not have control of and are not
responsible for the conduct of the work on such sites;
NOW THEREFORE BE IT RESOLVED THAT the Council for the City of
Greater Sudbury requests that the province amend the Occupational Health
and Safety Act to clarify the definition of "employer" to exclude owners that
have contracted with a constructor for a project,
AND BE IT FURTHER RESOLVED THAT this motion be provided to the
Honourable Doug Ford, Premier of Ontario, the Honourable David Piccini,
Minister of Labour, Immigration, Training and Skills Development, the
Honourable Paul Calandra, Minister of Municipal Affairs and Housing, France
Gelinas, MPP for Nickel Belt, Jamie West, MPP for Sudbury, the Association
of Municipalities of Ontario, the Federation of Northern Ontario Municipalities,
Ontario's Big City Mayors, Mayors and Regional Chairs of Ontario, Northern
Ontario Large Urban Mayors, the Council of Ontario Construction
Associations, the Ontario Chamber of Commerce and all Ontario
municipalities.
Yours truly,
Brigitte Sobush
Manager of Clerk's Services/Deputy City Clerk
Members of City Council
Eric Labelle, City Solicitor and Clerk
Page 4
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE BOARD OF DIRECTORS
November 23, 2023 (Hybrid)
GRCA 07/23
1. Welcome, Land Acknowledgement and Call to Order
The Chair called the Ganaraska Region Conservation Authority (GRCA) Board of
Directors meeting to order at 4:02 p.m.
MEMBERS PRESENT: Mark Lovshin, Chair - Township of Hamilton
Vicki Mink, Vice - Chair - Municipality of Port Hope
Bruce Buttar - Agricultural Representative
Miriam Mutton - Town of Cobourg
Lance Nachoff - Township of Cavan Monaghan
Adam Pearson - Municipality of Port Hope
Tracy Richardson - City of Kawartha Lakes
Joan Stover - Township of Alnwick/Haldimand
Willie Woo - Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Cory Harris, Watershed Services Coordinator
Pam Lancaster Tregunno, Conservation Lands Coordinator
Ken Thajer, Planning and Regulations Coordinator
Ed Van Osch, Forest Recreation Technician
Mark Gardiner, Chair, Ganaraska Forest Recreational Users
Committee
ABSENT WITH
REGRETS:
ALSO ABSENT: Randy Barber — Town of Cobourg
Margaret Zwart - Municipality of Clarington
Land Acknowledgement
The Ganaraska Region Conservation Authority respectfully acknowledges that the land
on which we gather is situated within the traditional and treaty territory of the
Mississauga's and Chippewa's of the Anishinabek, known today as the Williams
Treaties First Nations. Our work on these lands acknowledges their resilience and their
longstanding contribution to the area. We are thankful for the opportunity to live, learn
and share with mutual respect and appreciation.
2. Disclosure of Pecuniary Interest
None.
Page 5
Minutes GRCA Board of Directors 07/23
Page 2
3. Minutes of Last Meeti
GRCA 55/23
MOVED BY: Adam Pearson
SECONDED BY: Joan Stover
THAT the Ganaraska Region Conservation Authority approve the minutes of the October
19, 2023 meeting.
CARRIED.
4. Adoption of the Agenda
GRCA 56/23
MOVED BY:
SECONDED BY:
Vicki Mink
Adam Pearson
THAT the Ganaraska Region Conservation Authority adopt the agenda.
CARRIED.
Item 6. Presentations was moved to Item 12 and Item 12 under Other Business was
moved to Item 10.
5. Delegations
None.
6. Business Arising from Minutes:
a) 2024 Municipal Levy
The CAO/Secretary-Treasurer explained the weighted vote procedure to the Board of
Directors.
GRCA 57/23
A recorded vote is required.
Mark Lovshin - Township of Hamilton (10.8589%) - Yes
Vicki Mink - Municipality of Port Hope (8.3825%) - Yes
Miriam Mutton - Town of Cobourg (10.5491 %) - Yes
Lance Nachoff - Township of Cavan Monaghan (0.2062%) - Yes
Tracy Richardson - City of Kawartha Lakes (0.0899%) - Yes
Adam Pearson — Municipality of Port Hope (8.3825%) - Yes
Joan Stover - Township of Alnwick/Haldimand (0.9814%) - Yes
The total percentage present to vote was 39.4505%. To carry the motion, 51 % total of
those present, or 20.1198%, is required and cannot be from a single municipality.
THAT the GRCA Board of Directors approve the staff report that includes the 2024 levy in
the amount of $1,279,854.98.
CARRIED.
7. Correspondence
None.
Page 6
Minutes GRCA Board of Directors 07/23 Page 3
8. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
Miriam Mutton asked about the permit for the end Ravensdale Road.
GRCA 58/23
MOVED BY:
SECONDED BY:
Vicki Mink
Miriam Mutton
THAT the Ganaraska Region Conservation Authority receive the permits for information.
CARRIED.
Permit Application requiring Ganaraska Region Conservation Authority Board of Directors
discussion:
None.
9. Committee Reports:
a) Ganaraska Forest Recreation Users Committee Minutes — November 2, 2023
GRCA 59/23
MOVED BY:
SECONDED BY:
Joan Stover
Adam Pearson
THAT the Ganaraska Region Conservation Authority receive the Ganaraska Forest
Recreational Users Committee Minutes — November 2, 2023, for information.
CARRIED.
Willie Woo joined the meeting.
10. Other Business:
a) Programs and Services Inventory
The CAO/Secretary-Treasurer gave an overview of the information in the staff report.
GRCA 60/23
MOVED BY:
SECONDED BY:
Joan Stover
Adam Pearson
THAT the Board of Directors approve the Ganaraska Region Conservation Authority's
Programs and Services Inventory,
AND FURTHER THAT, the Ganaraska Region Conservation Authority Board of Directors
direct staff to distribute the Programs and Services Inventory to the member municipalities
and the Ministry of Natural Resources and Forestry as well as posted on the GRCA
website.
CARRIED.
11. New Business
a) Ganaraska Forest Volunteer Update
The Conservation Lands Coordinator provided an overview of the information provided in
the staff report. There were questions with regards to the cost of personal protection
equipment (PPE). It was noted that PPageay4 be cost prohibitive for some volunteers
Minutes GRCA Board of Directors 07/23 Page 4
which resulted in a lower turnout. There were also observations made with regards to the
fact that the trails that were being worked on were not trails some volunteers wanted to
work on. Staff had made volunteers aware of this prior to the staff day and explained that
self - directed areas were available. Staff further explained that contact information for
some of the other volunteers had also been provided. The Chair made an observation with
regards to the cost of the volunteer efforts related to staff versus the limited hours that
were given.
GRCA 61/23
MOVED BY: Bruce Butter
SECONDED BY: Adam Pearson
THAT the Ganaraska Region Conservation Authority receive the Ganaraska Forest
Volunteer Update for information.
CARRIED.
12. Presentations
a) Ganaraska Forest Recreational Users Committee (RUC) Annual Report
Mark Gardiner, Chair of the RUC presented his annual report to the Board of Directors.
The Board of Directors thanked Mr. Gardiner for his presentation. Tracy Richardson
thanked Mark Gardiner as Chair of the RUC and thanked staff for reports.
GRCA 62/23
MOVED BY: Miriam Mutton
SECONDED BY: Joan Stover
THAT the Ganaraska Region Conservation Authority receive the presentation for
information.
CARRIED.
13. Public Question Period
None.
14. In Camera
None.
15. Adl'ourn
GRCA 63/23
MOVED BY: Willie Woo
THAT the meeting adjourned at 4:39 p.m.
CARRIED.
CHAIR
CAO/SECRETARY-TREASURER