HomeMy WebLinkAbout2024-03-04
General Government Committee
Post-MeetingAgenda
Date:March 4, 2024
Time:9:30 a.m.
Location:Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Lindsey Turcotte, Committee
Coordinator, at 905-623-3379, ext. 2106 or by email at lturcotte@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of
General Government Committee meetings. If you make a delegation or presentation at a General
Government Committee meeting, the Municipality will be recording you and will make the recording
public on the Municipality’s website, www.clarington.net/calendar
Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
placed on non-audible mode during the meeting.
Copies of Reports are available at www.clarington.net/archive
The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1.Call to Order
2.Land Acknowledgement Statement
3.Declaration of Interest
4.Announcements
5.Presentations/Delegations (10 Minute Time Limit)
5.1 Delegation by Sandra Kearns, Regarding a Request to Amend Kennel
By-law 2013-25 and Noise By-law 2007-071 to Prevent Noise from
Impacting Neighbouring Properties
5
5.2 Presentation by Andrea Smith, Policy Advisor, Corporate Initiatives,
Region of Durham, Regarding the Development of Durham Region's
2025 Strategic Plan
23
5.3 Presentation by Inspector Stefanie Finateri, Officer-in-Charge, Durham
Regional Police Service, Regarding a 2023 Annual Review
31
5.4 Presentation by Jocelyn Siciliano, Sahar Foroutani, and Stella Danos-
Papaconstantinou, Region of Durham, Regarding Homelessness in
Durham Region
43
5.5 Presentation by Rob Maciver, Deputy CAO/Solicitor, Regarding Report
LGS-008-24, Municipal Regulations for Encampments
55
*5.5.1 LGS-008-24 - Municipal Regulation of Encampments 67
*5.6 Delegation by Lynn Jeffs, Gems for Gems, Regarding Report PUB-003-
23 Hope's Cradle
96
6.Consent Agenda
6.1 Correspondence from the Newcastle Memorial Arena Requesting Funds
to Purchase a Scrubber
97
(Motion to Release Remaining Funds in the Newcastle Operating
Reserve Funds to the Newcastle Memorial Arena Board, to Purchase a
Scrubber)
General Government Committee Agenda
March 4, 2024
Page 2
*6.2 Correspondence from the Region of Durham, Regarding a Request to
the Province to Permanently Remove Tolls on Highway 407 Between
Brock Road in Pickering and Highway 35/115 (Mayor Foster)
98
(Motion to Endorse)
6.3 PUB-003-24 - Hope’s Cradle 101
6.4 PUB-004-24 - Emergency Management By-law Amendments 111
*6.5 PUB-005-24 - Bowmanville Dog Park Lighting Update 156
(Proposed Motion by Councillor Traill Attached)
6.6 FSD-009-24 - 2023 Annual Council Remuneration Report 162
6.7 FSD-010-24 - Shaw House Accessibility Upgrades – Additional Funding 167
6.8 LGS-006-24 - 2023 Annual Accessibility Update 172
6.9 LGS-007-24 - Printing Services for External Organizations 178
6.10 LGS-009-24 - Assumption of Road Widenings 189
6.11 LGS-010-24 - Diversity in Clarington - 2023 Update on Diversity
Initiatives and Clarington’s Diversity Advisory Committee
194
*6.12 LGS-011-24 - Advisory Board and Committee’s Terms of Reference
Update
205
(Attachment 2, Section 4.1 Revised)
7.Items for Separate Discussion
7.1 LGS-012-24 - Appointments to the Bowmanville Santa Claus Parade
Committee, Clarington Active Transportation and Safe Roads Advisory
Committee, Diversity Advisory Committee, and Newcastle Village
Community Hall Board
310
(Confidential Attachments 1-3 Distributed Under Separate Cover)
7.2 Correspondence from Ron Morissette, Contract Supervisor Works
Construction, Region of Durham, Regarding a Request for Noise By-law
Exemption
317
8.Unfinished Business
General Government Committee Agenda
March 4, 2024
Page 3
9.New Business
9.1 Request the Province to Undertake a Comprehensive Social and
Economic Prosperity Review for Municipal Sustainability (Mayor Foster)
318
9.2 Request for Report to Change Procedural By-law Regarding Delegations
(Mayor Foster)
319
*9.2.1 Correspondence from Libby Racansky, Expressing Concerns
about Proposed Procedural By-law Changes
320
9.3 Oath of Office (Councillor Anderson)322
10.Confidential Items
*10.1 Hampton Hall Board (Councillor Anderson)
11.Adjournment
General Government Committee Agenda
March 4, 2024
Page 4
Noise Bylaw 2007-071
Kennel Bylaw 2013-025
Sandra Kearns
Page 5
To appeal to Council to undertake a review of the existing Noise and
Kennel Bylaws to provide clarity around the regulations and ensure the
Bylaw remains responsible to the needs of those who live, work and
spend their time in Clarington.
My presentation will focus on 3 main areas:
1. Noise Bylaw
2. Kennel Bylaw: Kennel License Requirements
3. Kennel Bylaw: Operations Requirements
Page 6
Noise Bylaw 2007-071
•1. 1 No person shall ring any bell, blow or sound any horn or cause the same to be rung,
blown or sounded, or shout or create, cause or permit any unusual or excessive noises
which, at the point of reception, are likely to disturb any other inhabitant of the
Municipality of Clarington.
•1.2 Without limiting the generality of section 1. 1 the following are deemed to be noises
likely to disturb the inhabitants of the Municipality of Clarington:
g) any noise which may be heard beyond the lot upon which it is made at
sufficient volume to disturb persons beyond such lot;
h) the persistent barking, calling or whining, or other similar persistent
noise made by any domestic pet, or any other animal kept, or used for
any purpose other than agriculture.
Page 7
●3.2 With respect to a licensed canine kennel there shall be a noise curfew
imposed, to wit:
a) evenings curfew -Sunday to Friday inclusive 11:00 pm –7 am
-Saturday 11:00 pm -8 am Sunday morning
b) during Curfew hours, any kennel noise, (barking of dogs) which carries beyond the
boundary of the property upon which the licensed kennel is situated
shall be deemed to be a contravention.
c) during non-curfew hours Monday –Saturday inclusive 7: 00 a. m. to 11: 00 p.m
*continuous barking for a period in excess of 1 hour at any time shall be deemed to
be a contravention.
Page 8
Animal Complaints
Clarington.net
Barking Dogs:
Clarington’s noise bylaw outlines rules surrounding persistent noise by a house pet
such as barking, calling or whining. We recognize that many residents in our
community work shifts and are entitled to a sound sleep. There is a no “okay to
bark” hours set aside during the day,contrary to what many people think.
Page 9
Section 3.3 1, Section 3.1, Section 3.1.1 (b)
Section 3. 3. 1 of Noise bylaw states: Notwithstanding anything contained in this By-
law, a noise curfew shall apply…
(a) from 7: 00 p. m. to 7: 00 a. m., Monday to Saturday.
(b) from 5: 00 p.m. Saturday to 7:00 a.m., Monday .
(c) all day on statutory holidays.
to any noise in relation to work undertaken pursuant to a permit issued under Site
Alteration By-law 2008-114.
How is excessive noise barking not similar to or more intrusive than that of Site
Alterations?Page 10
Noise Bylaw Section 3.1
3. 1 A noise curfew shall apply to the following shooting ranges within the
Municipality of Clarington:
This curfew shall be from
9: 00 p. m. until 8. 00a. m. the following day Monday through Saturday.
9: 00 p. m. Saturday until 10: 00 a. m. Sunday.
and 4: 00 p. m. Sunday until 8: 00 a. m. Monday.
3. 1. 1 During non-curfew times, any noise emanating from the use of a shooting range shall not exceed:
b) 50 dBAI at the point of reception for any shooting range which began operation after January 1st 1980.
Studies have been done to show that of 1 barking dog is between 60 dB and 110 db.Majority of dog barks fall between
80 dB and 90 dB (Adams County Animal Shelter Sound Study 04.13.2017).
Why is the noise non-curfew hours different for Kennels, when clearly the noise of barking dogs is more intrusive than
that of a shoot range? Consideration of a noise study being implemented in the bylaw prior to Kennel licensing should be
taken.Page 11
Local Noise Bylaws
●Whitby Noise Bylaw NUMBER 6917-14
●Ajax Noise BY-LAW NUMBER 26-2023
●Uxbridge BY-LAW NUMBER 2012-011
●Brock BY-LAW NUMBER 3118-2022
●Wilmot BY-LAW NUMBER 2023-36
I did not find any contradictions in other bylaws which allows noise non-curfew
hours in a Kennel like that of Clarington Noise Bylaw.
Page 12
Barking Noise in
our home
Page 13
Barking Noise in
our backyard
Page 14
Kennel Bylaw 2013-025
License Requirements
How many dogs can a Kennel have on site at one time?
Uxbridge BY-LAW NUMBER 2009-082
1.6 and 1.7: limits 40 dogs at one time in Kennels.
Wilmot BY-LAW NO. 2023-11
14.18 Boarding kennels: a maximum number of fifty (50) Dogs.
Number of dogs should be limited both in the indoor and outdoor facilities to assist in
keeping with the noise bylaw where as any noise likely to disturb the peace and
enjoyment of any neighbouring inhabitant.
No indication as to what percentage of the property can a Kennel business use?
•Which allows Kennels to use 100 % of their property for structures and pen enclosures,
and events which could lead to excess noise likely to disturb neighbouring inhabitants. Page 15
Clarington Kennel Bylaw -Section 2.3
States that “Site Drawings are required”... outlining all buildings or structures
and requires that distances are stated
•No indication as to how far buildings, structures or pen enclosures should
be in relation to each other on the property nor in relationship to the
surrounding residences or lot lines is mentioned.
Page 16
Local Kennel Bylaw
with Distance Guidelines
•AJAX Kennel Bylaw 57-2021, Section 3.5 (a), (b).
•UXBRIDGE Kennel Bylaw 2009-08; Section 5.
•WILMOT Kennel Bylaw 2023-11, Section 14.9
•BROCK Township Kennel Bylaw 2498-2023-PP; Section 5 (a)(b)(c)
.
Page 17
Operation Requirement
Clarington Kennel Bylaw:
•3.1 Standards needed for Indoor portions of the Kennel.
No mention of adding sound absorption material on walls and ceilings to prevent noise
violation on surrounding neighbours.
•3.2 –Every licensee shall ensure that the kennel has outside exercise facilities…
Nowhere does it address the prevention of noise violation when the dogs are all outside.
Wilmot BY-LAW NO. 2023-11
•14.11 Such fence is to be constructed to prevent visibility from the exterior and to provide
acoustical barriers where necessary.
Page 18
Operation Requirements
on Associated Lands
There is no clarification as to what “special events” can occur on the
license Kennel associated land?
Prohibited events that go beyond Kennel activity (not limited to) and
add excess noise pollution to neighbouring residents:
•Festivals•Carnivals•Canine Agility Competitions•Rental of property: dog parks, pool rental•Camping Sites•Food Vendors
Page 19
Public Special Events
Bylaw 2014-20-where “special events” is defined as “events” that has an expected daily attendance of at least 500
persons at any time during the event.
Bylaw 2015-062
Public Special Events on #23 Section 3.23
(a) Public Special Events are permitted:
(i) On a lot owned by a public authority, school, college, university or place of
worship
(ii) Within a Zoological Park
(iii) Within a Commercial or Industrial Zone
(b) A private or public special event hosted by a Not-For-Profit Organization is permitted in all lands, except those
zoned Environmental Protection;
(c) A private special event is permitted on any lot where a resident use exists and is permitted.
Kennels do not fall under any of these categories?Page 20
Conclusion
We would like to petition the Council to undertake a review
of the existing Noise and Kennel Bylaws and to provide clarity
around the regulations and ensure the Bylaw remains
responsible to the needs of those who live, work and spend
their time in Clarington.
Page 21
Thank you
Page 22
Page 23
durham.ca 2
Purpose
•Work is underway to develop Durham Region’s 2025 Strategic Plan and
today, we will provide an overview of the engagement process
and timelines
•Durham Region’s Strategic Plan is the guiding document that outlines how
we deliver a sustainable future for our Region through leadership,
collaboration, innovation and environmental stewardship
•The current Durham Region Strategic Plan is approaching its end in
December 2024
•The Durham Region Strategic Plan will guide the direction of our work
over the next few years. It will outline how we will continue to deliver
programs and services and act as a compass to advance our work to
achieve the futures we want to create
Page 24
durham.ca
Approach to Strategy Development
3
Data-Informed Insights Innovative Thinking Meaningful Engagement
Community-Oriented Transparent Decision-Making
Page 25
durham.ca
Timeline
4Page 26
durham.ca
Engagement Activities
5Page 27
durham.ca
Your Voice Matters
•The thoughts you share will be
considered when creating the 2025
Strategic Plan
•We are identifying new, innovative
approaches to grow and address
today’s issues while working together
toward a sustainable future
6Page 28
durham.ca
Your Voice Matters!
•Share your thoughts and ideas!
•Survey opens March 1 and closes at 11:59 p.m. on March 31
•Have a chance to win one of 20 $100 gift cards
•Prizes include:
o 5 X $100 gift card to the Pickering Town Centre
o 5 X $100 gift card to the Oshawa Centre
o 5 X $100 grocery store gift card
o 1 X $100 gift card to the Brock House/Hot Rocks (Whitby)
o 1 X $100 gift card to the Yard Bird (Bowmanville)
o 1 X $100 gift card to Berry Hill Food Co. (Oshawa)
o 1 X $100 gift card to Slab Town Cider (Uxbridge)
o 1 X $100 gift card to Marwan’s Global Bistro (Port Perry)
•For more information, visit durham.ca/StratPlan2025
•Follow us on social media
7Page 29
durham.ca
@RegionofDurham
Thank you!
Strategic Initiatives Division
Office of the CAO
strategic.planning@durham.ca
Page 30
Clarington Council Update
Year End 2023
1Page 31
Overview
•Roadway Safety
•Compliance Checks
•Calls for Service
•General Occurrences
•Stolen Vehicles / NOCC
•Community Initiatives
2Page 32
East Division Boundaries
3Page 33
Roadway Safety
4
Tickets Issued
2022 3855
2023 4964
% Change 29%
2022 4596
2023 5720
% Change 24%
2022 1062
2023 1157
% Change 9%
Traffic Stops
Traffic Cautions
Page 34
Street / Compliance Checks
5
Clarington
2022 188
2023 337
% Change 79%
East Division
2022 254
2023 450
% Change 77%
Compliance Checks
Page 35
Calls for Service
6
Clarington Total
2022 11505
2023 12483
% Change 9%
Urgent
Emergency
2022 3903
2023 4317
% Change 11%
2022 931
2023 1010
% Change 8%
Page 36
General Occurrences
7
Violent Crime
Property Crime
Other Criminal Code
Violations
Controlled Drug and
Substance Act (CDSA)
% Change 12%
% Change 20%
% Change 10%
% Change 88%
Page 37
General Occurrences Continued
8
Drug Possession
Drug Trafficking
Controlled Drug &
Substance Act (CDSA)
% Change 67%
% Change 111%
% Change 88%
Page 38
Stolen Vehicles
9Page 39
Notification of Community Crime (NOCC)
10Page 40
Community Initiatives
11
•Food and Toy Drives
•Cram-A Cruiser
•Pro-Action Cops and Kids Events
•Multiple Santa Clause Parades
•CP Holiday Train
•Seniors Christmas
•Orono Fair Parade
•Bethesda House Walk
Page 41
Thank you.
Questions?
12Page 42
Durham Region
Homelessness
Overview
Sahar Foroutani
Manager, Homeless System Team
Jocelyn Siciliano
Manager, Homeless Direct Delivery Team
Presented to: Clarington Council Meeting
March 4th, 2024Page 43
durham.ca
Homelessness System: A Continuum of Care
2
Homelessness
Supports in
Durham Region
Housing & Related
Services
Emergency
Shelters
Supports and
Services
Homelessness
Prevention
Winter Warming
•Pickering
•Whitby
•Oshawa
•Clarington
•North Oshawa
Shelters
•Ajax x 2
•Whitby
•Oshawa
Homelessness Support Hubs
•Ajax (Christian Faith Outreach
Centre )
•Oshawa (Back Door Mission)
Outreach Team
•Housing First Workers
•Transitional Housing
•Permanent Supportive Housing
•Outreach
•Eviction program
•Referrals
•Workshops
Page 44
durham.ca 3
UNSHELTERED
Staying in public or
private places where
people are not meant to
live permanently such as
tents, cars, parks
EMERGENCY
SHELTER
Overnight shelters are
places for people to go
when they have nowhere
else to stay
TEMPORARILY
ACCOMMODATED
Short-term, interim
accommodations like
staying with friends,
couch surfing, or living in
a hotel
AT RISK OF
HOMELESSNESS
Their current housing
situation is coming to an
end with no other
housing options
available.
Source: Canadian Observatory on Homelessness
Page 45
durham.ca 4
Housing First Model
Housing First is a program
model, an approach, as well as
a philosophy and has been
recognized as an important
policy towards ending
homelessness by both the
Canadian and the U.S federal
governments.
Page 46
durham.ca 5
Coordinated Access System & By-Name List
The Components of a Coordinated Access System
•Access Points are where people make contact with the Coordinated
Access System and can be added to the By-Name List
•Clients are triaged and assessed using a common intake form to
gather the information needed to make appropriate referrals
•Durham Region uses the Vulnerability Index –Service Prioritization
Decision Assistance Tool (VI-SPDAT)
•People on the By-Name List are prioritized based on need for housing
resources
•People are matched and referred for available housing resources
based on prioritization
Why is it important?
•The alternative to Coordinated Access is to provide
help on a first-come, first-served basis. This means
that people who can better navigate the support
system get help, not people who need it most
•Coordinated Access helps people access services
based on their individualized needs
•Helps track our progress in ending chronic
homelessness
•Makes it easier for people to find help
•Helps us identify gaps in service Page 47
durham.ca 6
By-Name List
Page 48
durham.ca
Durham’s Homelessness Outreach Services
7
Primary Care
Outreach
Program
(PCOP)
Durham Region
Outreach Workers
Mental Health
Outreach
Program
(MHOP)
Durham’s
Homelessness
Outreach Services
Page 49
durham.ca 8
Additional Community Street Outreach Programs
Cornerstone Bridges Street
Outreach Program Oshawa
Monday -Friday
Hours: 7:00am -3:00pm
Phone: 905-433-0254
Durham Community Health Centre
Monday -Friday
Hours: 8:00am -5:00pm
Phone: 289-385-6992 or
289-355-8938
Community Development Council
Durham (CDCD) Ajax/ Pickering
Monday -Friday
Hours: 8:30am -4:30pm
Phone: 905-686-2661 ext. 147
North House
Monday -Friday
Hours: 9:00am -5:00pm
Phone: 289-640-1929
Page 50
durham.ca 9
Key Performance Indicators
•Number of interactions with unsheltered individuals,
including length of time the individual has been unsheltered.Contacts
•Number of individuals referred to community
agencies/housed.Interventions
•Number of individuals added to the BNLBy-Name List
•Assistance provided for ID, taxes, social assistance, etc.Housing Readiness
•Number of street hazards intercepted; number of individuals provided
with harm reduction services.
Street Hazards/Harm
Reduction
Page 51
durham.ca 10
Homelesshelp@Durham.ca
Homelesshelp
@Durham.caDurham Outreach
Team
Primary Care
Outreach Program
(PCOP)
Mental Health
Outreach Program
(MHOP)
Durham Housing Emergency
Shelter
Community
Agency Referrals/
Information
System Service
Manager
Ontario Works /
Ontario Disability
Supports Program
Page 52
durham.ca 11
Training Opportunities
Empowering others
Support for
Patrons
Support for
Staff
Leaving it to
the experts
Establishing
boundaries
Knowing
where to refer
and who to call
Leaning into
expertise
Providing
options
Offering
debriefing
sessions
Page 53
durham.ca
@RegionofDurham
Questions
Sahar Foroutani
Manager, Homeless System Team
Jocelyn Siciliano
Manager, Homeless Direct Delivery Team
Page 54
Municipal Regulation of
Encampments
Rob Maciver, Deputy CAO/Solicitor
March 4, 2024
Page 55
Encampments: A Changing Social Landscape
•Changing assumptions and attitudes
•Changing needs
•Changing approaches to public health and social services
•Changes to the law
Page 56
Encampments: Existing Municipal Regulation
•No existing by-laws specifically for the purpose of regulation of
encampments
•Parks By-law 2006-126
•Pertains to more than traditional parks (e.g. woodlots, ravines, public
squares, gardens, walkways, etc.)
•“camping” is not permitted
•Absolute prohibition on tents or other temporary shelters overnight
•Clarington approach is typical
Page 57
Encampments: Recent Legal Rulings
•Waterloo (Regional Municipality) v. Persons Unknown
•City of Kingston v. Doe
•Court Cases from British Columbia
Page 58
A New Approach to Encampment Regulation
•Replace the Parks By-law
•Renamed the “Public Spaces By-law”
•Clearly articulate the purpose/objective
•Differentiate “camping” from “temporary emergency shelter”
•Exclude encampments from unsafe areas or other problematic
locations
•Regulate encampment size
•Continue to regulate unsafe activities within Municipal jurisdiction
•Various consequential amendments
Page 59
Source: Regina Fire and Protective Services Source: Dave Irish (Halifax)
Page 60
Source: The Canadian Press/Lyndsay
Armstrong
Source: Hafsa Arif/CTV News Atlantic
Page 61
Source: Gareth Hampshire/CBCSource: Eric Wynne (Halifax)
Page 62
Source: The Canadian Press/Darryl Dyck Source: The Canadian Press/Darryl Dyck
Page 63
A New Approach to Encampment Regulation
•Regulations
•Maximum area of 9 m2
•Not within a dangerous location
•Not within 50 meters of:
•Schools and daycares
•Recreational amenities
•Not within 5 meters of:
•Transportation infrastructure (e.g. transit stop, road, sidewalk, boulevard, bridge)
•Off-leash dog area
•Cemetery
•Private property boundary
•Fire route
Page 64
A New Approach to Encampment Regulation
•Create an Encampment Protocol for Municipal Law
Enforcement
•Work in close consultation with the Region of Durham and
DRPS
Page 65
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
905-623-3379
Toll Free: 1-800-563-1195
TTY: 1-844-790-1599
info@clarington.net
www.clarington.net
Thank you
Page 66
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-008-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored by: Rob Maciver
File Number: L1000-61E By-law Number: 2006-126
Report Subject: Municipal Regulation of Encampments
Recommendations:
1. That Report LGS-008-24, and any related delegations or communication items, be
received;
2. That the By-law, included as Attachment 1 of Report LGS-008-24, to amend By-law
2006-126, a by-law to regulate public parks and open spaces in Clarington, be
approved;
3. That the Legislative Services Department is directed to prepare an encampment
response protocol for Municipal Law Enforcement Officers in consultation with the
Region of Durham and the Durham Regional Police Services; and
4. That all interested parties listed in Report LGS-008-24, and any delegations, be
advised of Council’s decision.
Page 67
Municipality of Clarington Page 2
Report LGS-008-24
Report Overview
This Report provides a brief overview of the current situation involving Clarington’s
unsheltered population, highlights the implications of several recent Court decisions related
to the municipal regulation of encampments, gives a summary of existing provisions in the
Parks By-law, and makes several recommendations for improvement.
1. Background
1.1 One of the most pressing issues facing municipal governments today is how to best
respond to the needs and challenges of our unsheltered population.
1.2 Homelessness in Ontario is visible to many people like never before, and a variety of
factors are leading many in our society to question their assumptions and attitudes
about the plight of unsheltered persons.
1.3 These issues are also attracting increasing attention from the Ontario Courts, and there
is a growing body of case law devoted to topics related to homelessness.
1.4 All levels of government including municipalities, Police Service Boards, and other
social service providers, are discovering that old ways of coping with the unique
challenges of our unsheltered population no longer work, either because they have
proven to be ineffective or because they have become more widely unacceptable on
social, moral, legal, and political grounds.
1.5 The number of individuals who have a precarious housing situation in Clarington, and
elsewhere, is difficult to estimate and, no doubt, the number is constantly fluctuating.
However, there is little doubt that, at any given time, there are some unsheltered
individuals residing in our community. Outreach workers from Durham Region Social
Services have several clients that identify Clarington as their place of residence, and
these individuals are eligible to receive outreach support and community paramedical
care right here in Clarington.
1.6 While the availability of support in Clarington is limited compared to Oshawa and other
Durham lakeshore municipalities, there are indications of increasing levels of social
support in our area. Durham Region has recently invested in a major expansion of its
outreach capability by hiring 10+ additional outreach support workers, and St. Paul’s
United Church recently established an overnight winter warming centre in downtown
Bowmanville.
Page 68
Municipality of Clarington Page 3
Report LGS-008-24
1.7 A complex matrix of interrelated issues makes any attempt to provide support to our
unsheltered population an imposing challenge. As with all social and regulatory issues,
local government needs to understand its role in relation to other agencies and must be
mindful of balancing the interests of all members of the community.
1.8 The content of this report, and the recommendations arising from it, are focussed on
one aspect of the municipal response to the larger issue of the homelessness crisis,
namely, how to regulate the existence of encampments.
1.9 For the purposes of this report, an encampment consists of one or more , improvised
shelters (typically tents) that provide temporary living space and protection from the
elements to people who would otherwise be unsheltered, either by choice or necessity.
Clarington’s Park By-law
1.10 The Municipality of Clarington has no by-laws for the specific purpose of regulating
encampments. However, provisions in the Clarington Parks By-law (the “Parks By-law”)
have guided the Municipality’s enforcement response to encampments since the by-law
was enacted in 2006.
1.11 The first thing to note about the Parks By-law, is that it is much broader in its application
than the name may suggest. For the purposes of the Parks By-law, a “park” includes
any land owned or leased by the Municipality that is used a “a woodlot, ravine,
recreation area, square, garden, walkway, water or any area … devoted to active or
passive recreation”. While the phrasing found in the definition could be improved, the
intent is reasonably clear; any Municipally owned or controlled outdoor space that is
accessible by the public falls within the scope of the Parks By-law.
1.12 Pursuant to section 14 of the Parks By-law, no camping is permitted. Camping is not
specifically defined, and the Parks By-law does not differentiate between camping that
is a recreational activity, and other circumstances which may lead someone to be
inhabiting a tent or other lodging situated on Municipal property.
1.13 According to section 15 of the Parks By-law, “no person shall place, install, or erect any
temporary or permanent structure in any park”. The heading of this section is entitled,
“Tents and Structures” and this section has been interpreted by Municipal Law
Enforcement as their authority to evict any person who occupies a park overnight.
1.14 Taken together, these sections amount to an absolute prohibition on all camping
activities and the placement of any tents or temporary structures on Municipal property,
unless a permit has been obtained from the Municipality.
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1.15 Other provisions contained in the Parks By-law include prohibitions on litter, dumping,
alcohol consumption, and campfires, as well as a limitation on various forms of
nuisance.
1.16 The Parks By-law is very typical of similar by-laws in municipalities around the Province.
It is this type of by-law that has become the subject of several recent Court rulings as
they pertain to the issue of encampments.
2. Recent Legal Rulings
Waterloo (Regional Municipality) v. Persons Unknown
2.1 The issue in this case was whether it was lawful for the Region of Waterloo to enforce a
by-law prohibition against erecting any type of structure, including a tent, on a vacant lot
in downtown Kitchener that was owned by the Region. The decision was released on
January 27, 2023.
2.2 The property is approximately one-half acre in area and is intended to function as a
gravel parking lot to support a new train/bus station which is situated near the property.
Also near the property is a soup kitchen operated by a local church.
2.3 Due to the vacant state of the property, together with its proximity to public
transportation, the soup kitchen, and other features of downtown Kitchener, the location
proved to be a convenient choice for some of the Region’s unsheltered population to
establish an encampment. Tents began to appear in December 2021, and by July 27,
2022, it was estimated that 53 persons were living in the encampment.
2.4 During that interval, the Region’s response to issues of security and sanitation
associated with the property gradually escalated to the point that as of July 2022 the
Region’s monthly expenditure was approximately $80,000.
2.5 Upon completion of a risk assessment of the property in May 2022, the Region
determined that the conditions at the encampment posed a risk to the health and safety
of the encampment residents as well as to the public. As such, the Region sought a
declaration that the persons encamped on the property were in breach of the by-law,
which would set the stage for the removal of the encampment from the property.
2.6 Submissions filed by representatives of some of the occupants of the encampment
asserted that the by-law was a violation of the Canadian Charter of Rights and
Freedoms (the “Charter”).
2.7 In evaluating the evidence, the Court held that the risk assessment was insufficient to
justify the clearing of the encampment.
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2.8 The Court further held that it was not satisfied that adequate shelter spaces were
available in the Region, and in the absence of adequate shelter spaces the by-law was
held to be in violation of the Charter. To cite paragraph 149 of the decision, “the
homeless of the Region have no place to live, rest and sleep without severe risk to their
health caused, in part, by the by-law’s prohibition to erecting any form of shelter on the
Region’s land”.
2.9 A further factor in the decision was the Court’s finding that the Region had failed to meet
the standard of outreach and support to the encampment occupants that was set out in
its own Encampment Policy.
2.10 In the disposition of the case, the Court declared that the by-law was in violation of the
Charter in that it deprived the occupants of the encampment of life, liberty and security
of the person, and that the by-law is inoperative insofar as it would prevent the residents
of the encampment “from living on and erecting temporary shelters … when the number
of homeless persons exceeds the number of available shelter beds in the Region”.
2.11 Interestingly, the decision also held that it was open for the Region to apply to have th e
finding reversed in the future upon the Region satisfying the Court that the by-law no
longer violates the Charter. Presumably, this means that the by-law would again be
valid and enforceable if the Region can come back and demonstrate it has attained the
adequate number of available and accessible shelter spaces.
City of Kingston v. Doe
2.12 In another recent case, the City of Kingston made a similar application to the Ontario
Superior Court to seek enforcement of its Parks By-law to dismantle an encampment
that has become a persistent source of a variety of problems for the City.
2.13 The location in question was within a large urban park. Uncoincidentally, the location
was also near the offices of several homelessness and poverty reduction services,
including the City’s Integrated Care Hub, a city-funded service provider offering
consumption services, drop-in health care, and short-term shelter.
2.14 At the time of the City’s application, the encampment consisted of approximately 27
tents or other makeshift structures, and 35 occupants, and was situated in the middle of
an emergency route called Belle Park Drive.
2.15 As in the Waterloo decision, the Court expressed concern that the by-law provisions did
not properly balance the City’s objectives with the rights of unsheltered individuals to
avoid serious risk of injury or death by erecting shelter overnight when they have no
other alternatives.
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2.16 The Court was again persuaded that the municipal by-law was in breach of the Charter
to the extent that it prohibits homeless persons from erecting a temporary overnight
shelter in public parks when the number of unsheltered individuals exceed the number
of accessible shelter spaces.
2.17 Particularly helpful in the decision was the Court’s clarification in paragraph 102 that
there is no right to a permanent encampment in any specific area of the municipality; it
was only the absolute prohibition was held to be unconstitutional. Also helpful was the
comment in the same paragraph expressing the view that if there were sufficie nt beds to
house the unsheltered population in the municipality, the by-law would no longer be in
breach of the Charter, and the municipality would be entitled to enforce its prohibition.
2.18 The case also helps to highlight several pitfalls that can potential ly be avoided in crafting
municipal by-laws to regulate encampments. For example, the Court was critical of the
lack of a clear definition of “camping” within the Kingston by-law. As well, the Court took
issue with the absence of an express provision of the purpose and objective of the
Kingston by-law and the judge took it upon himself to assign a legislative objective as he
saw fit. Other municipalities seeking to regulate encampments would be well advised to
avoid these same mistakes.
2.19 While the decision provides clarification in some areas, in other areas it introduces
further uncertainty.
2.20 For instance, the issue of overnight versus daytime shelter is discussed at some length,
but ultimately no guidance is provided on whether the effect of the Charter ruling
extends to all hours of the day or is only limited to the overnight period. However, the
Court declined to limit its declaration of unconstitutionality to only the overnight period,
thus leaving the door open to future rulings. If social and judicial trends continue, it may
only be a matter of time before daytime sheltering is also brought under the protection of
the Charter.
Court Cases from British Columbia
2.21 Until recently, issues related to the regulation of encampments have been more
pronounced in the Province of British Columbia, where the Courts have issued several
rulings that have come to be known as the “right to shelter” cases. The recent Ontario
decisions reflect many of the same principles found in the BC decisions.
2.22 The essence of the BC decisions is the establishment of a constitutional right to shelter
oneself when the number of homeless persons exceeds the number of available and
accessible indoor shelter spaces within a given jurisdiction.
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2.23 There is some indication that by-law provisions to prohibit encampments may be valid
where it can be demonstrated that there are adequate shelter spaces available. At least
two Ontario decisions have followed this reasoning (Black v. Toronto, and Poff v. City of
Hamilton). However, these decisions date back to 2020 and 2021, and time will tell
whether the more recent Ontario decisions have introduced a higher standard for
municipalities that seek to displace encampment occupants.
2.24 The BC rulings also suggest that by-law provisions to prohibit encampments from
certain locations may well be valid if provision is also made for appropriate alternative
designated areas.
3. Analysis
3.1 With the combined rulings in the Waterloo and Kingston cases, it is now reasonably well
established that municipal-wide enforcement of an absolute prohibition on erecting
temporary overnight shelter in municipal parks would violate s. 7 of the Charter.
3.2 Many municipalities in the Province have by-law provisions similar to those that have
been found to be in violation of the Charter, and it is increasingly obvious that these
provisions will not withstand a legal challenge.
3.3 To avoid judicial censure, by-laws to regulate encampment will need to avoid provisions
of arbitrariness, overbreadth, and gross disproportionality. Special care will be needed
to draft by-law amendments to be more sensitive to the changing social and legal
landscape.
3.4 This is an emerging issue, and outcomes are not entirely forese eable at this stage, but
there is now enough guidance available in the Court decisions to identify some by -law
changes that are clearly needed.
3.5 The Parks By-law should be amended to clearly articulate a purpose/objective. That
objective should be to protect and preserve outdoor municipal spaces for their intended
use as active and passive recreation. However, the current absolute prohibition on all
overnight emergency shelters is not needed to achieve that purpose.
3.6 Definitions of “camping” and “temporary emergency shelter” should be added to the
Parks By-law to differentiate voluntary recreational activity from potentially live-saving
protection from the elements.
3.7 The definition of “park” should be modified to eliminate archaic language and to
emphasize the intended scope of applicability.
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3.8 While the use of temporary emergency shelters would no longer be absolutely
prohibited, there should continue to be an emphasis on avoiding encampments in
locations that are unsafe, interfere with other important activities, or represent an
unreasonable public nuisance. Draft regulations have been proposed that would direct
encampments away from these areas. The draft regulations also stipulate some
minimum health and safety requirements. Although the author is not an expert in the
fields of public health or medicine, it is submitted that the regulations have been
carefully considered and they represent a reasonable balance of the competing
interests involved.
3.9 A recurrent theme of the Court decisions is the principle that prohibitions on emergency
overnight shelters will be at risk of a Charter violation in circumstances where there is a
lack of suitable alternative accommodation. Therefore, the key to any enforcement may
be to demonstrate that the Region has an adequate number of available and accessible
shelter spaces. However, even this may not be a guarantee, due to comments made in
the Kingston decision casting doubt on the ability to estimate the ever-fluctuating
homeless population and the difficulty of making a proper assessment about whether
available shelter spaces are accessible. Staff will need to continue to monitor this
emerging issue to determine the need for future amendments.
3.10 It is acknowledged that, to be fully consistent with judicial guidance and the approach in
other urban municipalities around the Province, any enforcement response will need to
be undertaken in close collaboration with the Region of Durham Social Services
Department and the Durham Regional Police Service. To further enhance these
relationships, and to ensure standardization of our approach, Staff will develop a written
protocol to clearly articulate a consistent methodology that is sensitive to the complexity
of the encampment issue.
3.11 The protocol will not be enacted as a by-law but rather it will be an administrative
document that outlines our standard operating procedure. Among other things, it will
seek to ensure that the risks associated with an eviction from a prohibited encampment
are balanced against the other objectives of the Parks By-law, and that efforts have
been made to connect encamped individuals with services to meet their needs.
3.12 The changes recommended in this Report are a sincere effort to reform outdated
provisions in the Parks By-law, and to establish a proactive approach to the regulation
of encampments that does not result in an unconstitutional deprivation of the right to life,
liberty, or security of the person.
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Report LGS-008-24
4. Financial Considerations
Not Applicable.
5. Strategic Plan
Report LGS-008-24 contributes to the Municipality’s understanding of its role in relation
to issues of housing and homelessness, and as such is relevant to the following
Strategic Plan Priorities:
C.2.2 – Support and invest in the creation of housing to meet the needs of the
community.
C.2.5 – Support the proactive management of community safety and well-being.
6. Concurrence
Not Applicable.
7. Conclusion
Recent court decisions have made it clear that municipalities need to be sensitive to
human rights when attempting to regulate encampments. The information and
recommendations contained in this report are a proactive effort to align Clarington’s
Parks By-law with the requirements of the Canadian Charter of Rights and Freedoms.
Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 or rmaciver@clarington.net.
Attachments:
Attachment 1 – Parks By-law Amendment - Draft
Interested Parties:
The following interested parties will be notified of Council's decision:
Stella Danos-Papaconstantinou, Commissioner of Social Services
Lisa McIntosh, Director of Income, Employment and Homelessness Supports
Jocelyn Siciliano, Area Manager of Homelessness Direct Delivery Team
Sahar Foroutani, Area Manager of Homeless System Team
Brandy Henderson, Region of Durham
Inspector Stefanie Finateri, Durham Regional Police Service
Staff Sergeant Amanda Hoover, Durham Regional Police Service
Rileigh Bint, Durham Regional Police Service
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-XXX
Being a by-law to promote the safe and orderly use of public spaces, to protect
infrastructure, to maintain the functional integrity of public spaces, and to prevent
nuisance within public spaces, as well as adjacent private property, and to repe al
By-law 2006-126
Whereas subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Municipality of Clarington to pass by-laws respecting the health, safety
and well-being of persons, as well as protection of persons and property;
And Whereas it is in the public interest to enact a by-law to regulate and protect public
spaces in the Municipality of Clarington;
Now therefore the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
Definitions
1. For the purpose of this By-law,
(a) “authorized sign” means any sign, notice, or other device placed or
erected in or upon a park, under the authority of this By-law;
(b) “camping” means recreational overnight habitation in a tent, or other
temporary or permanent structure or accommodation, but does not include
a temporary emergency shelter;
(c) “Council” means the Council of the Municipality of Clarington;
(d) “damage” means break, injure, deface, move or remove;
(e) “Deputy CAO” means the Deputy CAO/Public Services of the
Municipality of Clarington or his/her designate;
(f) “designated area” means an area defined or constructed for a specific
use which may include posted conditions;
(g) “Enforcement Officer” means a Police Officer or a Municipal Law
Enforcement Officer whose duties include the enforcement of this By-law;
(h) “liquor” means liquor as defined by the Liquor Licence and Control Act,
2019, S.O. 2019, c. 15, Sched. 22;
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(i) “motor vehicle” means a motor vehicle within the meaning of the
Highway Traffic Act, R.S.O. 1990, c.H8 as may be amended from time to
time;
(j) “motorized recreation vehicle” includes a snowmobile, go-cart, trail
bike, mini bike, all-terrain vehicle, or similar vehicle, propelled or driven by
an internal combustion engine;
(k) “Municipality” means the Corporation of the Municipality Clarington, or
its geographical area, as the context requires;
(l) “person” means means an individual or a corporation, and “persons” has
a corresponding meaning
(m)“public space” means any publicly accessible open space owned or
otherwise controlled by the Municipality, including any features or
amenities located thereupon;
(n) “parking lot” means any area or a tract of land designated for the parking
of vehicles;
(o) “parking space” means a portion of the surface of a parking lot
designated by suitable markings for the purpose of parking a vehicle,
exclusive of aisles;
(p) “permit” means any written authorization of Council, a Committee
established by Council, or the Director where such authority has been
delegated;
(q) “resident” means residents of the Municipality of Clarington;
(r) “temporary emergency shelter” means a temporary, portable shelter,
including a tent, used for overnight emergency protection from the
elements that is used out of necessity due to the unavailability of
accessible shelter space within the Regional Municipality of Durham, but
does not include daytime use of such shelters;
(s) “vegetation” means any flower, plant material, shrub or tree;
(t) “vehicle” includes a motor vehicle as defined under the Highway Traffic
Act, R.S.O. 1990, c.H8, as may be amended form time to time, and any
bicycle, carriage, wagon, sleigh or other vehicle or conveyance of every
description, whatever the mode of power, but excludes wheelc hair or
similar device (powered or otherwise) used by an individual due to a
disability, baby carriage or cart, child’s wagon, child’s stroller, child’s sleigh
or other conveyance of like nature.
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Purpose
1.1 Pursuant to Subsection 11(2) of the Municipal Act, 2001, the objective of this
By-law is to promote the safe and orderly use of public spaces, to protect
infrastructure, to maintain the functional integrity of public spaces, and to
prevent nuisance within public spaces, as well as adjacent private prop erty.
Hours of Operation
2. Except as otherwise expressly provided by this By-law:
(a) All public spaces shall be closed from dusk until dawn unless
otherwise posted or permitted, or for the purpose of temporary
emergency shelter.
(b) Notwithstanding the foregoing, public spaces may be opened at
any time upon permission of the Deputy CAO.
(c) During any period when a public space is closed, no vehicle shall
remain on the property.
(d) During the time a public space is closed, as herein before provided,
no person except a Police Officer or a Municipality of Clarington
employee, while on duty, shall enter or remain within the public
space and, during such period, no person shall leave a vehicle
owned or operated by him/her within the public space.
Conduct
3. While in any public space, no person shall;
(a) indulge in any riotous, boisterous, violent, threatening, or illegal
conduct or use profane or abusive language;
(b) cast, throw, or in any way propel any object in such a manner as
may, or does, endanger or cause injury or damage to any person or
property;
(c) create a nuisance by loitering, spying, accosting, frightening,
annoying or otherwise disturbing other persons; or
(d) create a nuisance or in any way interfere with the use or enjoyment
of the public space by other persons.
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Firearms and Weapons
4. While in any public space, no person shall be in possession of or use any
firearm, replica guns, air gun, bow and arrow, axe or offensive weapon of any
kind unless authorized by permit.
Fireworks
5. While in any public space, no person shall ignite, discharge or set off any
firecrackers, rockets or other fireworks except as a fireworks display
authorized by permit.
Injury and Damage
6. While in any public space, no person shall:
(a) climb any building, structure or equipment, unless it is equipment
intended by the Municipality for climbing;
(b) damage any vegetation or any building, structure, equipment or
other property of the municipality;
(c) unless authorized by permit, climb, move or remove the whole or
any part of rocks, boulders, rock faces, vegetation, or remove any
soil, sand or wood;
(d) in any manner, disturb ground which is under repair, prepared for
planting, has been newly seeded or sodded or is in an area posted
to that effect; or
(e) drive, park a vehicle, walk, or engage in any other activity in an
area where it is prohibited.
Waste and Pollution
7. While in any public space, no person shall;
(a) dispose or dump garbage or litter, except that which is generated
through the reasonable and customary use of the public space,
specifically excluding household waste, and shall only deposit
same in receptacles provided for such purpose.
(b) dispose of or dump yard waste, tree trimmings, or other organic
refuse except in an area designated by the Municipality for such
use;
(c) dump or deposit snow, fill, soil, building or construction materials,
unless authorized by permit; or
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(d) dump or drain onto any soils or into the waters of any pool, pond,
lake, stream, fountain, or watercourse of any kind any material,
toxic or otherwise, which may have the effect of polluting same.
Protection of Wildlife
8. While in any public space, no person shall:
(a) kill, attempt to kill, maim, injure, trap or disturb any wildlife;
(b) touch, injure or remove any nest or egg there from; or
(c) feed any wildlife.
Encroachment
9. Unless authorized by permit or agreement, no person shall encroach upon or
take possession of any public space by any means whatsoever, including the
construction, installation or maintenance of any fence or structure, the
dumping or storage of any materials or plantings, cultivating, grooming or
landscaping, thereon.
Alcohol
10. While in any public space, no person shall consume, serve, or sell liquor, or
alcoholic beverages unless authorized by permit and with the approval of the
Liquor Licence Control Board of Ontario.
Campfires and Barbeques
11. While in any public space, no person shall:
(a) light, build, or stoke an open fire or bonfire unless authorized by
permit;
(b) use charcoal or solid fueled portable barbecues unless authorized
by permit or where posted to allow same;
(c) use fuel other than charcoal or briquettes in stationary barbecues;
or
(d) leave a barbeque or campfire without extinguishing the fire and
ensuring that the embers are cold.
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Organized Gatherings and Picnics
12. While in any public space, no person shall:
(a) unless authorized by permit, hold a picnic, organized gathering or
event for more than twenty-five persons; or
(b) interfere with a picnic, organized gathering or event authorized by
permit.
Noise Amplification
13. Unless authorized by permit, no person shall operate loudspeakers or
amplifying equipment in any public space.
Camping and Lodging
14. Unless authorized by a permit, no person shall engage in camping in any
public space.
Temporary Emergency Shelters
15. Unless authorized by a permit, no person shall place, install, or erect any tent,
building, structure, or accommodation, in any public space, save and except
for a temporary emergency shelter.
15.1 Every person who places, installs, erects, or makes use of a temporary
emergency shelter in a public space shall comply with the provisions
contained in Schedule “A” of this By-law.
Swimming and Bathing
16. While in any public space, no person shall:
(a) swim in any public swimming pool, except at times designated for
swimming;
(b) fail to abide by posted signs in or adjacent to any swimming pool, or
to obey the instructions of any lifeguard or other authorized person;
or
(c) swim, bathe, or wade in any fountain, pond, lake or stream, except
in a designated area.
Use of Washrooms and Changing Rooms
17. No person shall enter any portion of any washroom, bathhouse, or changing
room in any public space with a camera or electronic equipment capable of
replicating images.
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Organized Sports or Activities
18. While in any public space, no person shall utilize a designated area without a
permit where the requirement to obtain a permit is in force.
Fishing
19. No person shall partake in fishing in any public space where it is prohibited.
Golfing
20. While in any public space, no person shall play or practice golf or strike a golf
ball.
Drones, Model Aircraft and Rockets
21. While in any public space, no person shall operate any drones, powered
model aircraft, rockets, watercraft, or vehicles unless authorized by permit.
Gliders and Hot Air Balloons
22. Unless authorized by permit, no person shall tether, launch, or land any hot
air balloon, hand glider, ultra-light aircraft, or similar conveyance in any public
space.
Skating
23. No person shall erect any outdoor ice surface in any public space unless
authorized by a permit, and subject following conditions:
(a) to abide by safety guidelines as set by the Municipality from time to
time;
(b) to inspect the rink daily to ensure structure and skate surface is as
safe as possible and maintain a log of inspections for review by
Municipality;
(c) to take any reasonable direction provided by the Municipality;
(d) to provide a hold harmless/indemnification agreement signed in
favour of the Municipality; and
(e) to provide proof of liability insurance in an amount not less than
$1,000,000 which includes the Municipality as an additional named
insured with respect to any liability arising out of the ice surface.
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Skiing
24. No person shall ski, toboggan, snowboard, or sled in a ny area of a public
space where it has been prohibited by posted signage.
Rollerskates and Skateboards
25. While in any public space, no person shall:
(a) operate or utilize roller skates, skateboards, linear skates, heelies,
or like conveyances where posted to prohibit or otherwise restrict
the use of the same; or
(b) obstruct, inconvenience, or endanger other users of the park while
operating or utilizing roller skates, skateboards, linear skates,
heelies, or like conveyances.
Tennis
26. No person shall enter, walk, or play upon a designated area for tennis in any
public space, except in accordance with the posted rules and regulations.
Roadways
27.
(1) The Deputy CAO is authorized to establish appropriate regulations
to regulate the use of any roadway within a public space.
(2) Unless authorized by permit, and except for bicycles, no person
shall, while in any public space, drive, operate, pull or ride any
vehicle except on a roadway or parking area.
Parking
28. While in any public space, no person shall:
(a) park or leave a vehicle except in a designated area for parking;
(b) park or leave a vehicle between the hours of 11:00 p.m. and 5:00
a.m., except in a designated area allowing for such overnight
parking, or where authorized by permit;
(c) stop or park a vehicle in a designated area for parking, except in a
parking space and in accordance with posted conditions;
(d) stop or park a vehicle in a designated disabled parking space,
unless a disabled person parking permit issued in accordance with
the provisions of the Highway Traffic Act, R.S.O. 1990 c.H.8, as
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may be amended form time to time, is properly displayed on or in
the vehicle; or
(e) use any parking space except while using the public space.
Roadways Continued
29. No person shall make use of any roadway or parking lot in any public space
for:
(a) washing, cleaning, servicing, maintaining or, except in the event of
an emergency, the repair of any vehicle; or
(b) instructing, teaching or coaching any person in the driving or
operation of a motor vehicle.
Bicycles
30. While in any public space, no person shall:
(a) ride, operate or be in possession of any bicycle where posted to
prohibit same; or
(b) obstruct, inconvenience, or endanger other users of the park while
riding or operating a bicycle.
Motorized Recreation Vehicles
31. No person shall ride, drive, park or be in possession or control of a motorized
recreation vehicle in any public space except in a designated area.
Trucks and Commercial Vehicles
32. No person shall drive, operate, pull or ride in any public space:
(a) any heavy machinery or equipment of any description and whatever
the mode of power; or
(b) any truck, trailer, or bus whatsoever except a vehicle that is being used
for the purpose of making a delivery to a point within the limits of the
public space while it is proceeding to or from such point of delivery.
Speed
33. Unless authorized by permit, while in any public space, no person shall
operate:
(a) any vehicle on a roadway at a speed more than the posted limit; or
(b) a bicycle other than on a roadway at a speed more than 20 kilometers
per hour.
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Trade, Business, or Sale of Merchandise
34.
(1) Unless authorized by permit or applicable license, no person shall,
while in any public space, sell or offer or display for sale:
(a) any food, drink or refreshment;
(b) any goods, wares, merchandise, or articles including promotional
material, souvenirs, and novelties; or
(c) any art, skill, service, or work.
(2) While in any public space, no person shall practice, carry on, conduct,
or solicit for any trade, occupation, business, or profession unless
specifically authorized by the Municipality.
Advertising
35. No person shall post, nail, attach, stencil, or otherwise fasten or erect any
poster, sign, notice, placard or other circular, bill, advertisement , or paper
within a public space unless expressly permitted.
Permits
36. Any permit issued under authority of this By-law:
(a) may be subject to such fees as Council shall from time to time
establish;
(b) may include conditions as to time, location, area, equipment,
number of participants, type of activities, release, indemnity and
insurance coverage;
(c) shall not relieve any person from the necessity of acquiring any and
all other licenses or permits required for such activity by any
government or public authority; and
(d) shall not be issued if same would result in the contravention of
other applicable law.
Signage
37. The Deputy CAO is authorized to post signage of permission, regulation,
restriction, warning or prohibition with respect to uses of or activities in any
public space in accordance with the provisions of this By-law.
Page 85
Temporary Closure
38.
(1) The Deputy CAO is authorized to close off for such temporary
periods as they deem appropriate, any public space or part or parts
thereof to relieve or prevent overcrowding or traffic congestion, or in
the interests of public safety, or as may otherwise be authorized by
Council.
(2) The Municipality may, at any time when it is deemed advisable to
do so, close any public space, and may require the payment of a
fee by any person desiring to enter any such public space and no
person shall enter without first paying the fee for admission, to a
person duly authorized by the Municipality for the collection of such
fee.
(3) The Deputy CAO is authorized to post signage of permission,
regulation, restriction, warning, or prohibition with respect to uses of
or activities in any public space in accordance with the provisions of
this By-law.
Exemptions
39. This By-law shall not apply to:
(a) the drivers, operators or other personnel of ambulance, police or
fire department vehicles, or the riders or attendants of police
department horses, while engaged in the performance of their
duties;
(b) employees or agents of the municipality while engaged in works or
services undertaken for or on behalf of the municipality; or
(c) a park, property or building that is now or hereafter under the
jurisdiction of a board established by the Council or by statute, the
members of which are appointed by Council.
Enforcement
40. Where any person contravenes any provision of this By-law, an Enforcement
Officer may direct such person to comply with this By-law. Every person so
directed shall comply with such direction without delay.
Page 86
Powers of Entry and Removal
41. An Enforcement Officer, whether alone or accompanied by an individual
possessing special or expert knowledge or skills, may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal
Act, 2001, S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O.
2001, c. 25.
42. An Enforcement Officer, upon discovery of any vehicle parked or standing in
a public space in contravention of this By-law may cause it to be moved or
taken to and placed or stored in a suitable place and all costs and charges for
removing, care and storage thereof, if any, are a lien upon the vehicle which
may be enforced in the manner provided by the Repair and Storage Liens
Act, R.S.O. 1990, c.R.25, as may be amended from time to time, or any
successor acts thereto.
43. For the purposes of an inspection under this By-law, an Enforcement Officer
may:
(a) require the production for inspection of documents or things
relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to
the inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
44. In addition to any other provision of this By-law, and subject to the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of
the peace may issue an order authorizing the Municipality to enter on land,
including a room or place actually being used as a dwelling, for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
(a) this By-law;
Page 87
(b) a direction or order of the Municipality made under the Municipal
Act, 2001, S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O.
2001, c. 25.
Obstruction
45. No person shall provide false information or give a false statement to an
Enforcement Officer, employee and/or agent of the Municipality in the lawful
exercise of a power or duty under this by-law.
46. No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Enforcement Officer, employee and/or agent of the
Municipality in the lawful exercise of a power or duty under this by-law.
Offences and Penalties
47. Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, as amended.
48. Pursuant to the authority established in section 429(2) of the Municipal Act,
2001, S.O. 2001, c. 25, every person who contravenes any provision of this
By-law is guilty of an offence and upon conviction pursuant to Part III of the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, shall be
subject to the following penalties:
(a) Upon a first conviction is liable to a fine of not more than $25,000;
and
(b) Upon subsequent conviction(s) is liable to a fine of not more than
$100,000.
49. Each day on which a person contravenes any provision of this By-law shall be
deemed to constitute a separate offence under this bylaw as provided for in
section 429(2) of the Municipal Act, S.O. 2001, c. 25.
50. Where any person contravenes any provision of this By-law, such person
shall be responsible for all costs incurred by the Municipality directly related to
the contravention.
Severability
51. Each section of this By-law is an independent section, and the holding of any
section or part of any section of this By-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this
By-law.
Page 88
Conflict
52. In the event of a conflict of a conflict between any provision of this By-law and
any applicable Act or regulation, the provision that is the most restrictive
prevails.
Schedules
53. The following Schedules are attached to and form an integral part of this By-
law:
Schedule “A” – Regulations for Temporary Emergency Shelters
Schedule “B” – Set Fines
Short Title
54. This By-law may be referred to as the “Public Spaces By-law”.
Repeal
55. By-law 2006-126, as amended, is repealed on the date this By-law becomes
effective.
Effective Date
56. This By-law shall be effective on the date that it is passed.
Passed in Open Council this XX day of MMMM, 2024.
_______________________________
Adrian Foster, Mayor
_______________________________
June Gallagher, Municipal Clerk
Page 89
Schedule “A” – Regulations for Temporary Emergency Shelters
Preamble
All interactions with Clarington’s unsheltered population will be lead with a human-
centered, housing first, health-focused, rights-based approach. All Staff actions will be
guided by a commitment to upholding the human rights and human dignity of all
individuals who experience housing insecurity. Staf f will also work to build mutual
understanding and respect, effective communication, and empathy. With that
understanding, it is also vital that regulations be applied to temporary emergency
shelters both to protect the health and safety of the occupants and to prevent any
unnecessary conflicts with other members of our community and our local businesses
and service providers.
Minimum Separation
1. No person shall place, install, erect, locate, or make use of a temporary
emergency shelter less than 50 metres f rom any other temporary emergency
shelter.
2. Notwithstanding the above section, individual temporary emergency shelters may
form a cluster not to exceed three individual temporary emergency shelters.
Prohibited Locations
1. No person shall place, install, or erect, locate, or make use of a temporary
emergency shelter:
(a) on, or within 50 meters of, any public or private school or daycare centre;
(b) on, or within 50 meters of, any playground, pool, waterpark, splash pad,
playing field, tennis/basketball/pickleball court, cricket pitch, skate park,
ice rink, picnic shelter, gazebo, cenotaph, bandshell, amphitheater,
bleacher, grandstand, patio, boat launch or other public amenity or
programmed area;
(c) within 5 meters of, any private property boundary;
(d) on, or within 5 meters of, any transit stop or a highway and specifically
including a sidewalk, boulevard, or bridge or tunnel being part of such
highway;
(e) on, or within 5 meters of, any property designated pursuant to the Ontario
Heritage Act;
(f) on, or within 5 meters of, any off -leash dog area;
Page 90
(g) on, or within 5 meters of, any cemetery lands, including its roads, lanes
and paths of travel;
(h) on any community garden and including any garden shed or greenhouse;
(i) on any sidewalk, trail, pathway, or parking lot or on, or under, any bridge,
including pedestrian access points to such areas and structures;
(j) on, or within, any designated fire route, or the entrance to or exit from a
designated fire route, or located so as the block any fire hydrant;
(k) on, or within 5 meters of, any entrance, exit or a doorway to a building or
structure, and including, without limiting the generality of the foregoing, an
area adjacent to such entrances or exits required in the event of fire or
emergency;
(l) on, or within, any accessibility entrance or ramp, or located in a way that
impedes access to such entrances or ramps;
(m) on, or within, any area at imminent risk of flooding, erosion, slope
instability, or other environmental hazards, or in any area that poses an
immediate risk to human health or safety;
(n) against, under, or attached, or tied to any building or permanent structure;
or
(o) in any other location that unreasonably interferes with a governmen t
service, private business, public safety, or customary use and enjoyment
of public or private property.
Maximum Area of Occupation
2. The total area of occupation for an individual temporary emergency shelter and
associated belongings shall not exceed 9 m2, and the total area for a cluster of
up to three temporary emergency shelters and associated belongings shall not
exceed an area of 27 m2.
3. Any items located outside of the allotted personal space area would be subject to
immediate removal by Municipal staff.
Page 91
Schedule “B” – Set Fines
Page 92
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 1 of 3
Item Column 1
Short Form Wording
Column 2
Provision creating or
defining Offence
Column 3
Set Fine
1 Enter/remain in public space when public space is closed s. 2. (d) $ 150.00
2 Allow vehicle to remain in public space when public space is closed s. 2. (d) $ 150.00
3 Indulge in riotous/boisterous/violent/threatening/illegal conduct in public space s. 3. (a) $ 250.00
4 Use profane/abusive language in public space s. 3. (a) $ 250.00
5 Loiter/accost/frighten/annoy/disturb person in public space s. 3. (c) $ 250.00
6 Interfere with use or enjoyment of public space s. 3. (d) $ 250.00
7 Possess firearm/replica gun/air gun/bow and arrow/axe in public space s. 4. $ 500.00
8 Discharge fireworks in public space s. 5. $ 250.00
9 Climb building/structure/equipment not designated for climbing in public space s. 6. (a) $ 150.00
10 Damage vegetation/municipal property in public space s. 6. (b) $ 250.00
11 Climb/move/remove rocks/rock faces/boulders/vegetation/soil/sand/wood in public space s. 6. (c) $ 150.00
12 Disturb ground under repair work in public space s. 6. (d) $ 150.00
13 Disturb ground prepared for planting in public space s. 6. (d) $ 150.00
14 Disturb newly seeded or sodded ground in public space s. 6. (d) $ 150.00
15 Drive/park/walk/engage in activity in prohibited area s. 6. (e) $ 250.00
16 Dispose/dump garbage/litter not generated through reasonable customary use of public space s. 7. (a) $ 250.00
17 Dispose/dump yard waste/tree trimmings/organic waste in public space s. 7. (b) $ 250.00
18 Dump/deposit snow/fill/building or construction materials in public space s. 7. (c) $ 250.00
19 Dump/drain any materials onto soil or into waters in public space s. 7. (d) $ 250.00
20 Kill/maim/injure/trap/disturb any wildlife in public space s. 8. (a) $ 350.00
21 Touch/injure/remove any nest or egg there from in public space s. 8. (b) $ 350.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”
Page 93
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 2 of 3
22 Feed wildlife in public space s. 8. (c) $ 150.00
23 Encroach upon/take possession of a public space by any means s. 9. $ 400.00
24 Consume/serve/sell liquor in public space s. 10. $150.00
25 Light/build/stoke open fire or bonfire in public space without permit s. 11. (a) $ 250.00
26 Use charcoal or solid fueled barbecue in posted prohibited area in public space s. 11. (b) $ 200.00
27 Use charcoal or solid fueled barbecue in public space without permit s. 11. (b) $ 200.00
28 Use fuel other than charcoal or briquettes in stationary barbecues in public space s. 11. (c) $ 200.00
29 Fail to extinguish barbecue/campfire s. 11. (d) $ 250.00
30 Hold picnic/organized gathering/event for more than 25 persons in public space s. 12. (a) $ 250.00
31 Interfere with authorized picnic/organized gathering/event in public space s. 12. (b) $ 250.00
32 Operate loudspeakers/amplifying equipment in public space s. 13. $ 300.00
33 Camping in public space s. 14. $ 250.00
34 Place/install/erect a tent/building/structure in public space s. 15. $ 300.00
35 Fail to comply with a provision of Schedule “A” s. 15.1 $ 150.00
36 Swim in public pool outside designated time s. 16. (a) $ 150.00
37 Fail to abide by posted signs in or adjacent to swimming pool in public space s. 16. (b) $ 150.00
38 Fail to obey instruction of lifeguard or designated person in swimming pool s. 16. (b) $ 150.00
39 Swim/bathe/wade in area not designated for swimming s. 16. (c) $ 150.00
40 Enter washroom/bathhouse/change room with camera s. 17. $ 500.00
41 Utilize designated area without permit s. 18. $ 250.00
42 Partake in fishing where prohibited s. 19. $ 200.00
43 Play/practice golf or strike golf ball in public space s. 20. $ 150.00
44 Operate drone/power model aircraft/rocket/watercraft/vehicle in public space s. 21. $ 150.00
45 Tether/launch/land hot air balloon/hand glider/ultra-light aircraft/conveyance in public space without permit s. 22. $ 150.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”
Page 94
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 3 of 3
46 Erect outdoor ice surface in public space without permit s. 23. $ 250.00
47 Ski/toboggan/snowboard/sled in posted prohibited area in public space s. 24. $ 150.00
48 Use roller skates/skateboard/linear skates/heelies in prohibited area in public space s. 25. (a) $ 150.00
49 Obstruct/inconvenience/endanger public space users while utilizing roller skates, skateboards, linear
skates, heelies, or like conveyances
s. 25. (b) $ 200.00
50 Enter/walk/play tennis in designated tennis area contrary to posted signs in public space s. 26. $ 150.00
51 Drive/operate/pull/ride vehicle off roadway or parking area in public space s. 27 (2) $ 200.00
52 Park/leave vehicle in public space not designated for parking s. 28. (a) $ 150.00
53 Park/leave vehicle in public space between 11 p.m. and 5 a.m. s. 28. (b) $ 150.00
54 Use parking space in public space while not using the public space s. 28. (e) $ 150.00
55 Use roadway/parking lot in public space for washing/cleaning/servicing/maintaining/repairing a vehicle s. 29. (a) $ 150.00
56 Use roadway/parking lot in public space for instructing/teaching/coaching a person to drive s. 29. (b) $ 150.00
57 Ride/operate/possess bicycle in posted prohibited area s. 30. (a) $ 150.00
58 Obstruct/inconvenience/endanger public space users while riding/operating a bicycle s. 30. (b) $ 200.00
59 Ride/drive/park/possess motorized recreational vehicle in area not designated s. 31. $ 200.00
60 Drive/operate/pull/ride heavy machinery/equipment in public space s. 32. (a) $ 150.00
61 Drive/operate/pull/ride truck/trailer/bus while not on delivery s. 32. (b) $ 150.00
62 Operate bicycle not on roadway in excess of 20 kph in public space s. 33. (b) $ 150.00
63 Sell/offer/display for sale food/drink/refreshment in public space without permit s. 34. (1) (a) $ 250.00
64 Sell/offer/display for sale goods/wares/merchandise/articles in public space without permit s. 34. (1) (b) $ 250.00
65 Sell/offer/display for sale art/skill/service/work in public space without permit s. 34. (1) (c) $ 250.00
66 Carry on/solicit for unauthorized trade/occupation/business/profession in public space s. 34. (2) $ 400.00
67 Post/attach/fasten poster/sign/notice/placard/bill/advertisement/paper within public space s. 35. $ 250.00
68 Provide false information to an officer s. 45. $ 500.00
69 Hinder or obstruct officer/employee/agent of Municipality s. 46. $ 500.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”
Page 95
February 29,2024
Mayor Foster and Clarington Council,
My name is Lynn Jeffs; I am a local Ambassador for GEMS for GEMS, a National Organization dedicated to
supporting women who are facing abuse. ln the fall of 2021,, myself and Fred Horvath, Grand Knight of
the Newcastle KniShts of Columbus, met with Mayor Foster and the previous Fire Chief perini to propose
a Hope's Cradle be built into a fire stafion in Clarington. Currently there are three of these Cradles in
Canada, two in Alberta and one in Manitoba. The Cradle both supports women and prevents the unsafe
abandonment of babies, This one in Clarington is to have been the first of its kind in Ontario. Both Mayor
Foster and the Fire Chief were extremely supportive, and a proposal to install one into Clarington Firehall
#1-, as part of their planned expansion, was put before Council in Septembe r of 2O2Z by Councillo r Zwart;
it was adopted unanimously,
The Cradle was built by GEMS into Firehall #1 in May 2023 and was supposed to be officially opened
later that year. The MOU's for operation of the cradle, between Emergency services and Children's Aid,
kept being delayed, but GEMS was led to believe that talks were ongoing, progress was being made and
that another meeting was planned for March 2024. On February 28, near the end of the business day, I
was contacted by Fire Chief Speed to say that this current proposal, to no longer pursue the Hope's
Cradle, was being put before Councilon March 4. The Hope's Cradle team of GEMS have not been
officially informed. There is an active letter of intent between Clarington Fire Services and GEMS to both
construct and operate this Hope's Cradle.
Since GEMS, in good faith, built the Cradle and were led to believe that both the MOU's and the Cradle
opening were still being acfively pursued, and only I was informed, at the very last minute, that this
proposal was before Council, we are asking that the vote be tabled until the next meeting in order that
GEMS might adequately prepare a delegation to address the concerns put forward by Children's Aid and
the DRPS as listed in their attachments.
Lynn Jeffs
Copy to:
JordanGuildford-fg@
Fred Horvath - f r:edhorvathQg@_gjrre Ll,con
Page 96
Page 97
If you require this information in an accessible format, please contact Eamonn.Rodgers@durham.ca or
call 1-800-372-1102 extension 3677.
The Regional
Municipality of
Durham
Corporate Services
Department –
Legislative Services
Division
605 Rossland Rd. E.
Level 1
PO Box 623
Whitby, ON L1N 6A3
Canada
905-668-7711
1-800-372-1102
durham.ca
Alexander Harras
M.P.A.
Director of
Legislative Services
& Regional Clerk
February 28, 2024
Honourable Doug Ford
Premier of Ontario
Legislative Building
Queen's Park
Toronto ON M7A 1A1
premier@ontario.ca
Dear Premier Ford:
RE: Request to the Province of Ontario for the Permanent Removal
of Tolls on the Provincially Owned Portion of Highway 407
between Brock Road (Durham Regional Road 1) in Pickering
and Highway 35/115, Our File: T02
Council of the Region of Durham, at its meeting held on February 28,
2024, passed the following resolution:
“WHEREAS Highway 407 from Brock Road (Regional Road 1) in
Pickering to Highway 35/115 is provincially owned and tolls are set
by the province;
AND WHEREAS the province introduced legislation that if passed
would ban tolls from provincially owned highways including all 400-
series highways except for Highway 407 which is located almost
exclusively in Durham Region;
AND WHEREAS if excluded from the proposed ban on tolls, Highway
407 would become the only tolled provincially owned highway in
Ontario, resulting in unfair economic impacts to Durham Region
residents and businesses;
AND WHEREAS the Province of Ontario has previously removed
tolls on Highways 412 and 418 located within Durham, demonstrating
the willingness to removing existing unfair tolls on provincially owned
highways and should therefore include the provincial 407 as part of
the proposed legislation;
AND WHEREAS the removal of tolls on the provincial Highway 407
would reduce the cost of living for Durham Region residents and
drive economic growth, while ensuring fair and equitable treatment
across all provincial 400-series highways;
Page 98
NOW THEREFORE BE IT RESOLVED:
THAT the Council of the Regional Municipality of Durham hereby
requests that the Province of Ontario include the provincially owned
portion of Highway 407 in any legislation banning tolls on provincially
owned highways;
AND THAT a copy of this resolution be sent to The Honourable Doug
Ford, Premier of Ontario, the Honourable Prabmeet Sarkaria,
Minister of Transportation, The Honourable Vijay Thanigasalam,
Associate Minister of Transportation, all local Durham MPPs, and all
Durham local area municipalities; the City of Kawartha Lakes,
Peterborough County, Northumberland County, Cobourg, Belleville
and their MPs and MPPs; the Ontario Trucking Association; and
associations related to the farming community in Durham Region and
Ontario”.
Alexander Harras
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/sr
c: Hon. Prabmeet Singh Sarkaria, Ministry of Transportation
Hon. Vijay Thanigasalam, Associate Minister of Transportation
Hon. P. Bethlenfalvy, Minister of Finance, MPP, Pickering/Ajax
P. Barnes, MPP, Ajax
L. Coe, MPP, Whitby
Hon. T. McCarthy, Minister of Public and Business Service
Delivery, MPP, Durham
J. French, MPP, Oshawa
L. Scott, MPP, Haliburton/Kawartha Lakes/Brock
D. Piccini, MPP, Northumberland/Peterborough South
D. Smith, MPP, Peterborough-Kawartha
Hon. T. Smith, Minister of Energy, MPP, Bay of Quinte
C. Carrie, MP, Oshawa
J.Schmale, MP, Haliburton/Kawartha Lakes/Brock
P. Lawrence, MP, Northumberland/Peterborough South
M. Holland, MP, MP, Ajax
J. O’Connell, MP, Pickering-Uxbridge
R. Turnbull, MP, Whitby
R. Williams, MP, Bay of Quinte
N. Cooper, Deputy CAO, Town of Ajax
F. Lamanna, Clerk, Township of Brock,
J. Gallagher, Clerk, Municipality of Clarington
Page 99
M. Medeiros, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
R. Walton, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
C. Ritchie, Clerk, City of Kawartha Lakes
K. Stevenson, Clerk, Peterborough County
B. Larmer, Clerk, Cobourg
M. MacDonald, City Clerk, City of Belleville
C. Lennon, General Manager, Ontario Federation of Agriculture
S. Laskowski, President and CEO, Ontario Trucking Association
Page 100
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: PUB-003-24
Submitted By: Lee-Ann Reck, Deputy CAO, Public Services
Reviewed By: Mary-Anne Dempster, CAO By-law Number:
Prepared By: Dave Speed, Fire Chief
File Number: Resolution#:
Report Subject: Hope’s Cradle
Recommendation:
1. That Report PUB-003-24, and any related delegations or communication items, be
received for information.
2. That, based upon the formal feedback recently received from Durham Children’s Aid
Society and Durham Regional Police Services, the Hope’s Cradle Safe Surrender Site
no longer be pursued; and
3. That all interested parties listed in PUB-003-24, and any delegations, be advised of
Council’s decision.
Page 101
Municipality of Clarington Page 2
Report PUB-003-24
Report Overview
A Safe Surrender Site for infants has been installed by Gems for Gems at Clarington Fire
Station 1.
Based upon formal feedback recently received from partner agencies, it is being
recommended that the Site no longer be pursued.
1. Background
1.1 In September 2022, a Clarington resident saw a news story about Hope’s Cradle on
national news. She approached the local Knights of Columbus and together they made
a delegation at Clarington Council to request that a safe surrender site for infants be
installed in a fire station. The delegation included links to several news stories
demonstrating the need for this initiative (https://globalnews.ca/video/8389649/hopes-
cradle-offers-life-saving-option-for-albertans-in-desperate-situations).
1.2 At its September 12, 2022 Joint Committee meeting, Council passed the resolution that
“the Director of Emergency Services/Fire Chief be directed to include the cost of
installing a Hope’s Cradle Safe Surrender Site temperature-controlled compartment in
the costing of the design and build for any new construction at Fire Hall 1
(Headquarters)” (https://www.clarington.net/en/town-hall/public-educations-
programs.aspx).
1.3 A new fitness room was installed in Fire Hall 1 in April 2023, and the costing to install a
fully operational Hope’s Cradle Safe Surrender Site was included. The Site was
installed as part of the construction.
1.4 Community stakeholders were contacted to solicit their input in the development of a
procedure to follow in the event the Safe Surrender Site is utilized. Stakeholders
included Region of Durham Paramedic Services, Durham Regional Police Services,
Lakeridge Health, Durham Children’s Aid Society, and Dnaagdawenmag BinnooJiiyag
Child and Family Services.
1.5 Following numerous meetings with each stakeholder group over the past 10 months, it
was determined that there was mixed support for the Site. While Lakeridge Health and
Dnaagdawenmag BinnooJiiyag Child and Family Services were supportive of its
installation, and Region of Durham Paramedic Services was committed to responding
once it was operational, Durham Children’s Aid Society and Durham Regional Police
Services had informally expressed reservations. The latter two agencies recently
provided their positions in writing (Attachment 1 and 2, respectively), confirming that
they are not supportive of the Site’s operation.
Page 102
Municipality of Clarington Page 3
Report PUB-003-24
2. Discussion
Hope’s Cradle
2.1 Hope’s Cradle is one of several initiatives of Gems for Gems, a not for profit
organization that supports women who are victims of abuse. Their motto is “empowering
women who empower themselves”, and they have several initiati ves to this end.
Programs include Hope’s Cradle, a scholarship program, a jewelry drive, and Thrive “to
show survivors they can be the hero to their own story and to add duel to the
empowering journey they have already begun”.
2.2 There are two Hope’s Cradle Installations in Canada, located in Manitoba and Alberta.
https://calgaryjournal.ca/2023/12/21/from -tragedy-to-hope-calgarys-first-safe-surrender-
site-opens-in-the-new-year/
2.3 There are no safe surrender sites in Ontario, although several municipalities have
expressed interest in adding one to their community.
Agency Roles
2.4 For a Hope’s Cradle Safe Surrender Site to operate successfully it requires the
cooperation and collaboration of multiple agencies and groups. Following is a summary
of the roles expected from each partner agency.
2.4.1. Gems for Gems: Has supplied the Hope’s Cradle design that has been installed in
Fire Station 1 in Clarington.
2.4.2. Clarington Emergency and Fire Services: Under Section 72 (1)(11) of the Child
and Family Services Act, R.S.O. 1990, c. C.11 (ontario.ca), Clarington Emergency
and Fire Services has a duty to report to a Society that a child has been
abandoned and would therefore immediately notify Durham Children’s Aid Society
upon an infant being surrendered at the Cradle at Station 1.
In addition to initial notification, Clarington Emergency and Fire Services would
safely receive a surrendered infant, provide an initial infant medical assessment
and aid as needed, would take the lead in notifying additional partner agencies to
initiate the commencement of their respective roles, and would maintain and
monitor the Cradle.
CEFS has been supportive of the Site’s operation.
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2.4.3. Durham Children’s Aid Society: Under the Child and Family Services Act, R.S.O.
1990, c. C.11, Durham Children’s Aid Society is required to protect children
(15)(3)(b), including a child who is abandoned (37)(2)(i). During meetings with
Durham Children’s Aid Society, they have confirmed that abandonment of a child
in a safe surrender site falls within this legislative duty, requiring them to respond
upon notification from Clarington Emergency and Fire Services of a surrendered
infant at the Fire Station 1 location.
Durham Children’s Aid Society has provided their formal written position
(Attachment 1), and they are not supportive of the Site’s operation.
2.4.4. Region of Durham Paramedic Services: Following notification of Durham
Children’s Aid Society, Clarington Emergency and Fire Services would contact
Region of Durham Paramedic Services who would be required to respond and
conduct a medical assessment of the child and administer aid as required. They
would then transport the child to Lakeridge Health.
Region of Durham Paramedic Services has confirmed that upon the opening of the
Site and notification of an abandoned child, they would respond. They have not
expressed any concerns in the Site’s operation.
2.4.5. Durham Regional Police Services: Durham Regional Police Services would be
notified by Durham Children’s Aid Society upon notification of a surrendered child.
They would help to determine, based on the circumstances of the child
abandonment, including signs of child abuse, if a criminal investigation would be
required.
Durham Regional Police Services has cited several concerns in their formal written
position (Attachment 2) and is recommending that the Site not move forward.
2.4.6. Lakeridge Health: Lakeridge Health would receive the surrendered child and
provide care and treatment. They would then work with CAS as needed.
In speaking with the Chief of Staff of Lakeridge Health on several occasions, he is
fully supportive of Lakeridge Health receiving and treating any children that are
surrendered in the Site.
2.4.7. Dnaagdawenmag BinnooJiiyag Child and Family Services: Under the Child and
Family Services Act, if Durham Children’s Aid Society “proposes to provide a
prescribed service to a child who is an Indian or native person or to exercise a
prescribed power under this Act in relation to such a child they shall consult with a
representative chosen by the child’s band or native community in acc ordance with
the regulations” (Section 213.1).
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Report PUB-003-24
The Board of Directors of Dnaagdawenmag BinnooJiiyag Child and Family
Services has provided verbal direction to the agency to support the Site.
3. Recommendations
4. Financial Considerations
The Site will be closed to the public but will remain in place should Council direct staff to
open it in the future. There are no operating costs to maintain the Site while it remains
closed.
5. Strategic Plan
The recommendation in this report is consistent with the strategic priority to strengthen
existing and build new partnerships with upper levels of government, academia,
businesses, community groups and other sectors. There have been numerous
conversations with the agencies listed in this report to determine if a path forward could
be realized to operationalize the Site. While the Site is being recommended to not
open, the partnerships and relationships have been strengthened.
6. Concurrence
This report has been reviewed by the Deputy CAO/Solicitor, Legislative Services who
concurs with the recommendation.
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Report PUB-003-24
7. Conclusion
It is respectfully recommended that the recommendations in this report that the Hope’s
Cradle Site no longer be pursued, be approved.
Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or DSpeed@clarington.net.
Attachments:
Attachment 1 – Letter from Durham Regional Police Services
Attachment 2 – Letter from Durham Children’s Aid Society
Interested Parties:
The following interested parties will be notified of Council's decision:
Gems for Gems
Durham Children’s Aid Society
Region of Durham Paramedic Services
Durham Regional Police Services
Lakeridge Health
Dnaagdawenmag BinnooJiiyag Child and Family Services
Page 106
January 31, 2024
Dave Speed
Fire Chief
Clarington Emergency and Fire Services
Municipality of Clarington
dspeed@clarington.net
Re: Hope’s Cradle
Since learning about the Hope’s Cradle initiative in Clarington, we have had many
conversations with stakeholders and have expressed our concerns with respect to our role and
obligation as a police service.
In reviewing the staff report and in conducting our own research, we do not see a needs’
assessment or any data that would suggest this is needed here in Durham Region at this time. I
understand and appreciate that this project comes from a desire to protect and avoid tragedies,
but it appears we are creating the problem by implementing this solution.
The promise of anonymity and building a structure that supports that promise, negatively
impacts our ability to investigate. While the report mentions involvement by Children’s Aid
Societies and DRPS if there are obvious signs of abuse, it doesn’t address challenges such as
coercion or abduction which would be very difficult to investigate through this process.
It's crucial to highlight that the model of anonymous surrender of infants has not been tested by
the Courts in Canada. It operates on the assumption that providing a safe drop box for
anonymously surrendering a child circumvents the Criminal Code, which explicitly states the
consequences of unlawfully abandoning or exposing a child under the age of ten. While the
legal assumption is plausible, there is no documented legal case or formal interpretation
specifically addressing these safe surrender sites.
Currently, mothers have the option to surrender their babies at hospitals but not anonymously.
This process, involving a warm hand-off, ensures a thorough examination to rule out coercion or
extenuating circumstances that may require investigation while providing the mother with
essential support and options that could influence this life-altering decision.
Attachment 1 to Report PUB-003-24
Page 107
Furthermore, there's an underlying assumption that individuals or mothers who choose to
abandon their babies would opt for this safe surrender method instead of other means of
abandonment, overlooking the involvement of the second biological parent in the decision-
making process. Additionally, there are those in our society who object to this based on
openness and transparency for adopted children and the ability to understand their heritage.
While we understand that Clarington Council supported the creation of Hope’s Cradle and it
may move forward, DRPS at this time can’t endorse the implementation or enter into an MOU
regarding when we will and will not investigate.
Wishing you all the best.
Page 108
1320 Airport Blvd.
Oshawa, Ontario, L1J 0C6
Tel: 905-433-1551
Fax: 905-433-0603
durhamcas@durhamcas.ca
durhamcas.ca
January 17, 2024
Dave Speed (he/him)
Fire Chief
Clarington Emergency and Fire Services
Municipality of Clarington
dspeed@clarington.net
via email only
Re: Hope’s Cradle
Thank you for inviting Durham Children’s Aid Society (“CAS”) to comment and enter into a
Memorandum of Understanding about the Hope’s Cradle. We understand that Gems for Gems is a
charity registered with the Canada Revenue Agency and operates out of Calgary, Alberta. They have
created the Hope’s Cradle program and describe that the “cradle provides a safe and anonymous
surrender of the baby thus protecting its life and the anonymity of the mother. Provided the baby shows
no signs of abuse, the anonymity of the mother will be entirely protected.”
During our discussions with you and other stakeholders within this initiative, we shared several worries
and concerns related to the implementation of this program from a child welfare and social service
perspective. We were also informed by Durham Regional Police Services that upon querying the
Ontario Office of Chief Coroner, their office was only aware of two instances of infant abandonment in
the Province since it started to keep data, where the abandonment occurred in the circumstances that
Hope’s Cradle is meant to address. At this time, we have not received any information of how the
concerns presented would be mitigated by the program.
In addition to our expressed concerns, in Ontario, openness is now a default approach to adoption.
Openness requires the personal information of prominent figures in a child’s life or network to be
obtained by a CAS. Openness in adoption denotes maintaining some degree of contact between
adopted children and youth, their birth families, and other individuals with whom the children or youth
have had significant relationships prior to the adoption (for example, a foster family). There are many
forms that openness in adoption can take; these forms of contact can vary in terms of the nature,
frequency, intensity/emotional impact, duration, and location. The benefits of openness were discussed
with the key stakeholders as well. Relinquishment of an infant through Hope’s Cradle may not afford
an opportunity for the parent to receive independent advice about their rights and obligations. It may
also cause the loss of custodial and access rights of the second biological parent without their consent,
let alone court oversight.
The Preamble and Purpose of the Child, Youth and Family Services Act, 2017 highlight that services
ought to be provided “in a manner that recognizes their cultures, heritages, traditions, connection to
their communities, and the concept of the extended family to keep children within their family unit and
community, and for children of FNIM heritage, to remain within that heritage.” Durham CAS believes
that Hope’s Cradle does not afford the time and space for the clinical work to occur to meet this
statutory requirement. Hope’s Cradle limitations on accountability may also cause risk that infants may
be relinquished without the willful consent of a parent where that parent is a victim of trafficking. This
Attachment 2 to Report PUB-003-24
Page 109
does not accord with the policy considerations behind the creation of the Durham CAS’s CARE (Child
at Risk of Sexual Exploitation) Team.
To permit infant relinquishment in a manner that addresses these policy considerations, we recommend
that you and Hope’s Cradle partner with Adoptions Ontario and the Ontario Association of Children’s
Aid Societies. This will permit the development of a process that addresses these policy considerations.
At that point, we would be pleased to revisit entering into a Memorandum of Understanding with you.
Until that time, the Duty to Report provisions from the Child, Youth and Family Services Act, 2017 do
require direct reporting by any person with knowledge of a relinquishment to contact the CAS in their
jurisdiction. Durham CAS’s Initial Support and Community Connection Team is available 24/7 at 905-
433-1551. Please do not hesitate to contact us should an infant be placed within Hope’s Cradle.
Sincerely,
Steve Woodman
Executive Director
Durham Children’s Aid Society
steve.woodman@durhamcas.ca
Copy to:
Amber Crowe - acrowe@binnoojiiyag.ca
Wes Marsden SR - wesmarsden@binnoojiiyag.ca
Mandy Simcoe - msimcoe@binnoojiiyag.ca
Alexandra Crawford - acrawford@binnoojiiyag.ca
Randy Cowan - rcowan@clarington.net
Rob Maciver - rmaciver@clarington.net
Arend Wakeford - awakeford@drps.ca
Claudia Tarasio - ctarasio@drps.ca
Jason Joshida - jyoshida@pickering.ca
Paul Bigioni - pbigioni@pickering.ca
Jason Hunt - jason.hunt@durham.ca
Troy Cheseboro - troy.cheseboro@durham.ca
Page 110
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: PUB-004-24
Submitted By: Lee-Ann Reck, Deputy CAO, Public Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Prepared by: Dave Speed, Fire Chief
File Number: By-law Number:
Report Subject: Emergency Management By-law Amendments
Recommendations:
1. That Report PUB 004-24, and any related delegations or communication items, be
received;
2. That By-Laws 2018-010, 2018-072, and 2022-28 containing Clarington’s Emergency
Management Plan be repealed, and that the By-law attached to Report PUB-004-24
as Attachment 2, containing Clarington’s recommended Emergency Management
Plan, be approved; and
3. That all interested parties listed in Report PUB 004-24, and any delegations, be
advised of Council’s decision.
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Report Overview
Changes to Clarington’s Emergency Management By-law, and Municipal Emergency
Management Plan (the Plan) are being recommended to Council following their legislatively
required 2023 annual review by the Community Emergency Management Coordinator
(CEMC) and Clarington’s Municipal Emergency Control Group (MECG).
Recommended changes required to be approved by Council under the Emergency
Management and Civil Protection Act and Regulations (EMCPA) include changes to the
Plan, changes to the designation of positions in the MECG, and changes to the positions in
the Municipal Emergency Program Committee (MEPC).
1. Background
1.1 Council approved By-Law 2018-010, known as the “Emergency Management By-Law”
on February 5, 2018, pursuant to the Emergency Management and Civil Protection Act
(EMCPA). The Emergency Management Plan, including the By-law undergoes annual
compliance review by the Office of the Fire Marshal and Emergency Management
(OFMEM).
1.2 Council approved By-Law 2018-072 on September 17, 2018, amending section 2.6
appointing members of the Emergency Management Program Committee.
1.3 Council approved By-Law 2022-028 on May 2, 2022, amending section 2.6 appointing
members of the Emergency Management Program Committee, and amending section
2.7 appointing members of the Emergency Management Control Group.
2. Discussion
Changes to the Plan
2.1 In 2023, Durham Emergency Management Office (DEMO) created a new emergency
management plan template for their Regional plan. They have offered municipalities
throughout Durham Region the option of using it to help impro ve inter-municipal
operational consistency and to streamline plan content.
2.2 Clarington’s CEMC has conducted the annual review of Clarington’s Plan and has used
DEMO’s template to condense the Plan leaving core information intact and re-
organizing the plan so it can be more efficiently organized during an emergency event.
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2.3 Operational changes to the Plan were shared with the MEPC and include:
Introduction of formal Incident Management System structure and philosophy
Addition of new roles in the Emergency Operations Centre including an Information
Technology Officer, GIS Officer, Operations Officer, an additional Communications
role, a security guard, and a Support and Alternate for every function
Removal of Community Services, Finance, and Council roles from the initial
activation group
Relocation of the media centre and community inquiry center
Change to the activation process to a fan-out system
Introduction of a break-out/planning room and system
Introduction of new reports (Incident Action Plans, and CAN reports (Condition,
Action, Need))
Inclusion of clarifying statements that during an emergency, the Mayor or their
alternate is the representative of Council and all communication to and from the
Municipal Control Group goes through him/her.
Changes to the MEPC and EMCG
2.4 The EMCPA and its regulations require that members of the MEPC and MECG be
appointed by Council.
2.5 Clarington’s MEPC should operate efficiently while remaining effective. Keeping its core
members to those who are intimately involved in the control and prevention of
emergencies, while being able to expand the membership from time to time to reflect
the emergency needs and circumstances of the community is a good balance between
the two.
2.6 Clarington’s MECG is required to be quick-acting, decisive, nimble, and well-informed to
respond quickly to emergencies in the community. It has been re -designed to ensure
only those core roles that are initially required in an emergency are activated. The ability
to expand the MECG to include additional roles depending on the nature, size, and
duration of the emergency continues to exist.
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3. Proposed Changes
3.1 That Council approve the proposed By-Law (Attachment 2) to amend Clarington’s
Emergency Management By-law to reflect the operational changes to the Plan, the
MEPC, and to the MECG.
3.2 Changes being recommended to the By-Law include:
Adoption of the Emergency Plan in Appendix A of By-Law XX-XXXX
Removal of Section 2.6 in By-Law 2022-028 and replacement with:
The Membership of the MEPC shall include:
Mayor or designate;
Chief Administrative Officer;
Community Emergency Management Coordinator;
Emergency Information Officer;
Any other persons included by the Chief Administrative Officer or
Community Emergency Management Coordinator as required from
time to time.
o Removal of Section 2.7 in By-Law 2022-28 and replacement with:
The MECG shall control all operations during an emergency. The following
roles for the initial activation of the MECG shall be filled by Municipal
employees as determined by the CAO and/or CEMC.
Operations Manager
Operations Officer
Emergency and Fire Services Officer
Public Works Officer
Emergency Information Officer
GIS Officer
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Information Technology Officer
The Mayor or designate shall participate as part of the MECG as required by the
EMCPA to declare or terminate an emergency, to participate in media a ctivities
as requested and coordinated by the Operations Manager, or any other function
as determined by the Operations Manager. All other elected Officials may only
participate in the MECG through the Mayor.
4. Financial Considerations
Not applicable.
5. Strategic Plan
The recommendations in this report are closely aligned with the strategic priority to
support the proactive management of community safety and well-being.
6. Concurrence
Not applicable.
7. Conclusion
It is respectfully requested that the recommendations in report PUB 004-24 be adopted
and the amendments to Clarington’s Emergency Management By-law be passed.
Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or DSpeed@clarington.net.
Attachments:
Attachment 1 – Proposed Emergency Management By-law
Attachment 2 – Clarington Emergency Management Plan March 2024
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Clarington Municipal Emergency
Management Plan
March 2024
Attachment 1 to Report PUB-004-24
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Table of Contents
Purpose of the Plan ........................................................................................................ 4
Scope ........................................................................................................................ 4
Legal Basis for the Plan .................................................................................................. 4
Legal Powers and Liability .............................................................................................. 4
Hierarchy of Plans ……………………………………………………………………………...5
Graduated Approach ...................................................................................................... 5
Escalation Pathway ........................................................................................................ 5
Response Escalation Triggers ........................................................................................ 6
Coordination of Multi-level EOCs .................................................................................... 7
Operational Phases ........................................................................................................ 7
Monitoring for Emergencies ............................................................................................ 7
MEOC Activation ............................................................................................................ 8
Concept of Operations………………………………………………………………………...13
MEOC Responsibilities………………………………………………………………………..15
Emergency Site Management ……………………………………………………………….28
Planning Cycle ………………………………………………………………………………...29
Incident Management System ……………………………………………………………….32
Recovery Planning ……………………………………………………………………………34
Training ……………………………………………………………………………………….. 35
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Purpose of the Plan
Clarington’s Emergency Management Plan prescribes the strategic planning and
operational requirements for the management of an emergency affecting the
municipality.
Scope
The scope of this plan includes the actions to be taken by Clarington’s Municipal
Emergency Control Group (MECG) in response to emergency situations that endanger
public health, welfare and safety, the environment and property within the Municipality of
Clarington and that require more than the routine response capability of the local
emergency services and generally includes the following:
Legal Basis for the Plan
The Emergency Management & Civil Protection Act, R.S.O. 1990,c.
E.9 and the Emergency Management By-law 2018-010 provides the legal authority
for the Emergency Plan. The Emergency Management & Civil Protection Act,
R.S.O. 1990, c.E.9 requires municipalities to develop and implement emergency
management programs consisting of emergency plans, training programs and
exercises, public education and any other elements prescribed by Regulation.
Clarington’s emergency management plan and emergency management program are
approved and adopted through Council by-law.
Legal Powers
The Mayor as head of council may declare that an emergency exists or may declare
that an emergency has been terminated within Clarington and may take such action and
make such orders as he or she considers necessary and are not contrary to law, to
implement the Emergency Plan and to protect property, the health, safety and welfare of
the inhabitants of the emergency area.
All employees of Clarington are authorized through the CAO as the EOC Manager to
take action to implement this Plan or departmental support plans where such action is
considered necessary even though an emergency has not yet been formally declared.
Hierarchy of Plans
Emergency response plans are integrated amongst tiers to coordinate activities in multi-
jurisdictional responses.
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Provincial Emergency Response Plan
The Provincial Emergency Response Plan (PERP) is an all-hazards plan used for
response and coordination of emergencies involving multiple provincial organizations.
Regional Emergency Response Plan
The Durham Emergency Response Plan (DERP) is an all-hazards plan used for response
and coordination of Regional emergencies including those involving multiple municipal
organizations in the region.
The DERP conforms to the PERP when operationally possible and includes consideration
for how the Region will work with the Province in an emergency.
Municipal Emergency Response Plans
Municipal emergency response plans are all-hazard plans that are used for response and
coordination of municipal emergencies.
Municipal emergency plans conform to the DERP when operationally possible and include
consideration for how the municipality will work with the Region and the Province in an
emergency.
Graduated Approach
Within the region, an emergency may:
• Remain solely within the jurisdiction of the Region.
• Remain solely within the jurisdiction of a municipality.
• Impact the Region and one or more municipalities.
• Impact multiple municipalities.
• Impact the Province, the Region and/or one or more municipalities.
In a graduated approach, if the emergency exceeds part or all the capacity of an
organization to effectively respond, it can request support from the next tier of government.
Response activities may elevate to require a coordinated and collaborative approach
between the Region and affected or supporting municipalities. In such cases, the Region
may lead or support municipalities and aid in coordination.
Response Escalation Pathway
In most cases, significant escalation of an emergency requires additional support from the
next higher tier of government. In rare cases, escalation may require that responsibility for
the management and coordination of a response transitions to the next higher tier of
government response. The path of escalation is shown in Figure 1.
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Figure 1: The graduated approach to emergency management
Response Escalation Triggers
Characteristics of an active emergency that may trigger the escalation of a response
include:
1. Capacity Thresholds
o The limit at which a municipality can maintain an effective response.
o The inability of a jurisdiction to provide adequate local resources to a
response.
o The exhaustion of local resources including that provided by mutual aid,
non-governmental organizations, and other organizations.
2. Widespread Emergencies
o Active emergencies that include an increasing number of municipalities.
o An increasing geographical scope consuming a significant area of the
region.
o Municipal emergencies that require multiple Regional resources,
departments and / or services.
3. Multi-Jurisdictional Response
o Increasing number of municipal emergency responses.
o Additional levels of government.
o Response efforts from multiple sectors.
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Coordination of Multi-level EOCs
The Municipal Emergency Operations Centre (MEOC) is the central hub for a
municipality’s emergency response activities and coordination.
The MEOC activates and operates to manage an emergency within its own jurisdiction and
/ or in coordination with the Region, where significant Regional resources are required or
anticipated.
Where municipalities are responding to an emergency within their jurisdiction, they retain
their own responsibilities for municipal emergency management.
Municipal emergency operations integrate with Regional emergency operations through
the common processes of the Incident Management System. This includes:
• Adopting common response goals and objectives
• Integrating planning and response through the appropriate IMS sections
• Coordinated communications, both in the conduct of operations and the
provision of emergency information
Municipal Requests for Assistance from the Region
Requests for Regional assistance are directed to the DEM Duty Officer or the REOC
Liaison Officer in the REOC, if active.
For immediate time-sensitive requests, a municipality may contact the applicable Regional
departmental on-call staff or call-in system directly. When a Regional department receives
a request for assistance directly from a municipality, they shall notify DEM DO or the
REOC Liaison Officer, if active, of this request.
Municipal Requests for Assistance from the Province
The Region or a municipality may request assistance from the province where a municipal
or Regional resource does not exist or is otherwise unavailable.
A provincial request is made by the municipal CEMC contacting the PEOC DO.
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Operational Phases
The are two progressive and overlapping operational phases in an emergency: response
and recovery.
Response phase: The aim of measures taken during response is to ensure that a
controlled, coordinated, and effective response is quickly undertaken at the outset of the
emergency to minimize its impact on public safety.
Recovery phase: The aim of measures taken during recovery is to assist individuals,
businesses, and communities to return to a state of normalcy.
Monitoring for Emergencies
Prior to an emergency, the Region and each municipality shall continuously develop
situational awareness of potential threats and hazards as a means to monitor for risks
within their jurisdiction. Pertinent information concerning a new, evolving or increasing risk
shall be distributed to applicable organizations.
During an emergency, situational awareness by both the Region and municipalities shall
continue to be developed and shared as well as ongoing monitoring activities for any
additional threats and hazards unrelated to the current emergency.
Municipal Notification to the Region
Notifications to the Region shall be made through the DEM Duty Officer or the REOC
Liaison Officer, if the REOC is activated.
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A municipality shall notify the Region in any of the following instances:
• A municipal emergency operations centre has been activated
• An emergency occurs that may, or will, exceed a municipality’s capacity to
respond
• An emergency occurs that requires more than one municipality to respond
• An emergency occurs that may generate significant public or media interest
Regional Notification to Municipalities
Notifications to municipalities shall be made through appropriate CEMC or the MEOC
Liaison Officer, if the MEOC is activated.
The Region shall notify municipalities in any of the following instances:
• The REOC has been activated
• Any other municipality has activated their MEOC
• An emergency occurs that may, or will, exceed the Region’s capacity to
respond
• An emergency occurs that requires more than one municipality to respond
• An emergency occurs that may generate significant public or media interest
Upon notification of a potential or actual emergency within a municipality, the Region shall
notify the remaining CEMCs, or MEOCs if activated.
Activation Levels
There are four activation levels employed by Clarington’s EOC:
Level 0: Routine Monitoring
Level 1: Enhanced Monitoring
Level 2: Partial Activation
Level 3: Full Activation
The activation level assumed by will depend upon activity levels, the severity of the
emergency, the appropriate type and level of staffing required to monitor or respond.
Level 1 – Enhanced Monitoring
Operational
Functions
Region Municipalities
Operational
Implications
• Develop and distribute
enhanced situational
awareness
• Does not require an REOC
response.
• Develop and distribute
enhanced situational
awareness
• Does not require an MEOC
response.
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• May require some multi-
agency coordination and/or
support
• May require some multi-
agency coordination and/or
support
Notifications • DEM DO, or REOC Liaison
Officer (LO) (if activated),
notifies all municipalities
• DEM DO, or REOC LO (if
activated), notifies:
− Director, Emergency
Management
− Regional CAO
− Regional Chair
− Corporate
Communications
− Other Regional
departments and
external agencies (as
required)
−
• CEMC, or designate,
notifies DEM DO
• CEMC notifies:
− Municipal CAO
− Mayor
− Corporate
Communications
− Other municipal
departments and external
agencies (as required)
− Other municipalities as
appropriate
EOC staffing
(recommended)
• EOC Director
• Liaison Officer
• Regional EIO
• EOC Director (CEMC)
• Liaison Officer
• Municipal EIO
Potential Operational
Activities
• Support municipal
operations
• Support on-site Regional
operations
• Increasing situational
awareness with appropriate
distribution
• Communications
development and
coordination
• Proactive contingency
planning
• Support Regional
operations
• Support on-site municipal
operations
• Increasing situational
awareness with appropriate
distribution
• Communications
development and
coordination
• Proactive contingency
planning
• •
Level 2 – Partial Activation
Operational
Functions
Region Municipalities
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Operational
Implications
• May require coordination of
information and/or resources
with and among:
− one or more municipalities
− Regional departments
− Regional operations
centres
− External organizations
• May require coordination of
information and/or resources
with and among:
− The REOC
− One or more municipalities
and the REOC
− External organizations
Notifications • DEM DO, or REOC LO (if
activated), notifies all
municipalities
• DEM DO, or REOC LO (if
activated), notifies:
− Regional CAO
− Regional Chair
− Corporate
Communications
− Other Regional
departments and external
agencies, as appropriate
− PEOC
• REOC activated staff
according to the REOC
Staffing Plan
• CEMC, or designate, notifies:
− Municipal CAO
− Mayor
− Corporate Communications
− Other municipal
departments and external
agencies (as required)
− DEM DO
− other municipalities as
appropriate
− PEOC
• MEOC activated staff
according to the MEOC
Staffing Plan
EOC staffing
(recommended)
• EOC Director
• Liaison Officer
• Regional EIO
• Planning Section Chief
• Operations Section Chief
• Regional staff as required
• EOC Director
• CEMC
• Liaison Officer
• Municipal EIO
• Planning Section Chief
• Operations Section Chief
• Municipal staff as required
Potential Operational
Activities
• Support municipal response
operations
• Support on-site Regional
operations
• Coordination of Regional
departmental operations
• Continuous situational
awareness with appropriate
distribution
• Support municipal operations
• Support on-site Regional
operations
• Coordination of municipal
departmental operations
• Continuous situational
awareness with appropriate
distribution
• Communications development
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• Communications
development and
coordination
• Contingency planning
• Development of:
− IMS 201
− IMS 209
− IAP
• Conducting regular event
coordination briefings
• Supporting Regional business
continuity operations
and coordination
• Contingency planning
• Conducting regular event
coordination briefings
• Supporting municipal
business continuity operations
Level 3 – Full Activation
Operational
Functions
Region Municipalities
Operational
Implications
• Requires extensive
coordination of information
and resources amongst
multiple agencies for long
periods of time
• Includes:
− One or more MEOC
activations
− Regional DOCs,
operations centres and /
or services
− Multiple external
organizations
• Possible to exceed Regional
capacities and resources
• May require:
− PEOC support and
assistance
− Declaration / termination
of an emergency
• Requires extensive
coordination of information
and resources amongst
multiple agencies for long
periods of time
• Includes:
− Multiple municipal
departments and services
− Multiple external
organizations
• Possible to exceed municipal
capacities and resources
• May require:
− REOC support and
assistance
− PEOC support and
assistance
− Declaration / termination
of an emergency
Notifications • DEM DO, or REOC LO (if
activated), notifies:
− Regional CAO
• CEMC, or designate, notifies:
− Municipal CAO
− Mayor
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Level 3 – Full Activation
− Regional Chair
− Corporate
Communications
− Other Regional
departments and external
agencies, as appropriate
− All municipalities
− PEOC
• REOC activated staff
according to the REOC
Staffing Plan
− Corporate
Communications
− Other municipal
departments and external
agencies (as required)
− DEM DO
− other municipalities as
appropriate
− PEOC
MEOC activated staff
according to the MEOC
Staffing Plan
Recommended EOC
staffing
• RCG
• All REOC Management
Section members
• All REOC IMS sections
• REOC section units as
required
• External REOC
representatives, as required
• MCG
• All MEOC Management
Section members
• All MEOC IMS sections
• MEOC section units as
required
• External MEOC
representatives, as required
Operational Activities • Continuous response
planning and operations
through planning cycle
activities, regular event
coordination briefings and
completing:
− Regional IMS 201
− Regional IMS 209
− Regional IAP
• Coordinated consequence
management;
• Coordinated resource
management;
• Coordination of management
linkages to the emergency
site, MEOC(s), DOCs,
external agencies and the
PEOC;
• Coordinate and support
communications when
• Continuous response
planning and operations
through planning cycle
activities, regular event
coordination briefings and
completing:
− Municipal IMS 201
− Municipal IMS 209
− Municipal IAP
• Coordinated consequence
management;
• Coordinated resource
management;
• Coordination of management
linkages to the emergency
site, departmental services,
external agencies, REOC
and the PEOC;
• Coordinate and support
communications when
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Level 3 – Full Activation
multiple EOCs are activated;
• Coordination of information
to the public and news
media
• Longer term recovery
planning
• Overseeing business
continuity for the Region
multiple EOCs are activated;
• Coordination of information
to the public and news media
• Longer term recovery
planning
• Overseeing business
continuity for the rest of the
municipality
Instructions for Level 2 and 3 Activations
The CEMC shall:
a) Contact the EOC EIO, EOC Ops, and EOC PWs to advise them that the
EOC has been activated, and to report to the EOC
b) Contact DEMO Duty Officer to advise that the EOC has been activated.
c) Contact Oshawa Fire Services Communications and advise that the EOC
has been activated.
d) Report to the EOC.
Once contacted by the CEMC, the EIO shall:
a) Contact the EOC CIC Supervisor to advise them that the EOC has been
activated, and to report to the EOC
b) Report to the EOC
Once contacted by the CEMC, the EOC Ops shall:
a) Contact the contracted Security Company to have them respond to the
EOC to maintain lobby security for the MCG
b) Contact the EOC IT, and EOC GIS to advise them that the EOC has been
activated and to report to the EOC
c) Report to the EOC
Once contacted, each EOC Primary or Alternate person shall:
a) Immediately contact their Primary Support person to advise them that the
EOC has been activated, and to report to the EOC.
b) Report to the EOC
If unable to reach a Primary person(s) the following message shall be left:
“This is the CEMC/EIO/EOC Ops. The EOC has been activated due to an
emergency. This is not a simulation. Please return my call immediately
at xxx-xxxxx to confirm you have received it, and immediately report to the
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EOC at Fire Station #2 in Newcastle.
If a return phone call is not received within 5 minutes, the Primary
person(s) shall be contacted a second time. If contact is still
unsuccessful, the Alternate person(s) shall be contacted.
EOC Activation Fan-Out Sheet
Concept of Operations
The concept of operations defines the overall approach in responding to an emergency.
Standardized Response Goals
These goals shall be considered when developing and prioritizing response objectives:
1) Protect the safety of all responders.
o Provision for physical safety and mental health of emergency responders
2) Protect and preserve life.
o Provision of urgent emergency needs including rescue and emergency
medical triage and care, issuing of information and warnings
3) Treat the sick and injured.
o Provision of urgent medical care
o Trauma management and mental health crisis intervention
4) Care for immediate needs.
CEMC
EIO
Primary Support
Person
CIC Supervisor
EOC
Ops
GIS IT
Contracted
Security
Company
EOC
PWs
Primary Support
Person
DEMO
Duty Officer
Oshawa Fire
Services
Communications
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o Provision of immediate emergency needs, food, shelter, and clothing
o Provision of immediate emergency needs of affected pets and livestock
o Protection of community member's safety, including visitors and tourists
5) Ensure the continuity of essential services & government.
o Protection of critical infrastructure and community assets that are essential
to the health, safety, and welfare of people, and that support community
resilience
6) Protect public health.
o Protection of community members' continuing health, with particular
emphasis on vulnerable populations
7) Protect the environment.
o Protection of natural environments, sensitive areas, and those elements
critical to the health of the environment
8) Protect property.
o Protection of property from imminent threats
o Protection of residential property as a place of primary residence.
o Protection of agricultural properties, production facilities and livestock
9) Prevent or reduce economic and social losses.
o Reduce the short- and long-term impacts to economic and social sectors,
with particular emphasis on the impact to vulnerable populations
MECG Responsibilities
The core functions of the EOC:
• Effective policy and strategic direction to the emergency.
• Support of emergency operations at the site(s).
• Consequence management.
• Resource management.
• Coordinate management linkages to the emergency site, external agencies
DEMO, and the PEOC.
• Coordinate and provide information to the public and news media.
Specific functions of the EOC:
• Ensure effective, efficient and timely implementation of the Emergency Plan
• Support all emergency operations during the response and recovery
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• Support and direct their agencies/departments to ensure that actions necessary
for the mitigation of the emergency are conducted efficiently, effectively and not
contrary to law
• Ensure that adequate services are provided outside of the emergency Site for
the remainder of the municipality
• Collect timely and accurate information from the emergency Site for MCG
decisions
• Authorize and coordinate an evacuation if required/recommended by the Site
• Request assistance from Durham Emergency Management Office (DEMO), and
or PEOC for the coordination of Regional or Provincial support agencies and
emergency services, and other municipalities/levels of government
• Authorize any extraordinary expenditures required for emergency operations or
recovery
• Advise the Mayor as to whether or not an Emergency Declaration is warranted,
and when the emergency is over (recommend that it be officially terminated)
• Ensure the provision of Critical Incident Stress Debriefings (CISD) to emergency
responders and the affected population as required
• Determine if an Emergency Recovery Committee needs to be established before
emergency response efforts have been completed
• Maintain all records of decisions made and actions taken by MECG
• Provide a comprehensive written Post Emergency Report
• Organize and participate in the debriefing following an emergency
MECG Position Responsibilities
EOC Manager
Notify CEMC when any changes in contact information occur
Authorize activation of Emergency Plan and EOC
Report to EOC upon activation
Ensure EOC Operations Officer maintains/secures record of decisions/actions
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Establish and maintain communication link with Site so that timely and accurate
operational updates are obtained and provided
Ensure that both the Media Centre, and the Citizen Inquiry Centers are operational,
and contact information is available to the public
Provide overall support of emergency response activities
Coordinate response activities with agencies/municipalities/Region/Province
Provide regular updates and act as principal advisor to Mayor and Council
Confirm with Mayor that a declaration of emergency be made as required
Conduct Planning Cycle meetings on scheduled basis and recap current events
Commence short-term and long-term operational planning as soon as possible
Identify priorities for re-establishment of any services that have been damaged,
temporarily suspended or reduced as a result of the emergency
Approve news releases/public service announcements from EOC prior to release
Activate mutual aid agreement, or any other agreement, when existing resources are
inadequate to meet demands of emergency
Request assistance from other levels of governments as appropriate through the
regional DEMO and provincial PEMO, upon recommendation from the MCG
Ensure necessary level of continuous service to unaffected part of town in
accordance with legal obligations and available resources
Determine and establish structure and reporting requirements of the Emergency
Recovery Committee, if required
Recommend to the Mayor when the declaration of emergency should be terminated
Emergency Information Officer
P
Notify CEMC when any changes in Contact Information occur
Prepare and maintain a data base of media releases and responses designed for a
variety of emergencies
Report to EOC and advise MCG on matters relating to area of responsibility
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Open, maintain and secure Service Log of decisions/actions
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Activate Citizen Inquiry Centre (CIC), and EOC Media Centre.
Establish contact with the Site PIO
Monitor readiness status of CIC and Media Centre and brief EOC Manager
Participate in Planning Cycle Meetings
Maintain constant communication with CIC and Site and ensure consistency of
messaging.
Prepare information for approval of EOC Manager prior to release to media
Establish schedule of press conferences, news releases and Public Service
Announcements
Arrange additional facilities or resources required to support the Citizen Inquiry
Centre and Media Centre(s)
Monitor media to identify emerging and ongoing issues
Prepare Mayor, and EOC members for news conferences
Ensure that the public is advised of all critical information in a timely manner utilizing
multiple communication methods
Public Works Officer
Notify CEMC when any changes in Contact Information occur
Report to EOC and advise MCG on matters relating to area of responsibility
Open, maintain and secure Service Log of decision/actions
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Participate in Planning Cycle Meetings
Provide personnel and material resources in support of emergency response
operations
Assess the need for and arrange delivery of temporary sanitation facilities
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Ensure provision of fuel for emergency vehicles
Assess the need for and provide sources of potable water in accordance with
requirements of the Medical Officer of Health (MOH)
Ensure roads are open and accessible for emergency response services
Maintain traffic routes and establish liaison Region/Province to obtain status of
roads/highways
Advise MCG when damaged structures exceed safe limits
Arrange for demolition of unsafe structures when authorized by the MCG
Establish priorities for restoration of affected Works and Infrastructure
Establish priorities in cooperation with providers for restoration of Gas, Phone, Hydro
services damaged as a result of the emergency
Provide lists of Works vehicles, equipment, supplies and contractors
Assist with cleanup,/repairs/similar activities during post-emergency
Coordinate closure of municipal parks, cemeteries, and outdoor rec areas
Provide spill management support, details of watercourse, surface/ground water,
sewer outfall locations, etc
Fire Officer
Checklist Item
Report to EOC and advise MCG on matters relating to area of responsibility
Open, maintain, and secure Service Log of decisions made and actions taken in
respect to area of responsibility
Participate in Planning Cycle Meetings
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Activate Fire Mutual Aid Agreement as required
Support firefighting operations
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Checklist Item
Ensure that dangerous goods support services are contacted when required
Staff the vehicle wash at Orono Emergency Workers Centre in the event of a
nuclear emergency
Provide discretionary assistance to EMS/Paramedic and Police services
Brief the EOC Manager on new developments
Appoint Site Incident Commander (IC) when requested by EOC Manager
Develop short-term and long-term plans for Fire Services
EOC Operations Officer
Notify CEMC when any changes in Contact Information occur
Report to EOC and activate it. Ensure all stations/equipment are operational. Have
all EOC members sign in when they arrive, and sign out when they leave. (MIS and
GIS reports to this position)
Open, maintain and secure Service Log of decisions/actions
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Participate in Planning Cycle Meetings. Maintain a record of actions and plans in
meetings, and update at each meeting.
Coordinate arrangements for staff, facilities, equipment, documentation, and any
other related items including food, supplies, etc.
Ensure security of the EOC
Assist the EIO to ensure that the Citizen Inquiry Centre and Media Centre(s) are open
and ready to receive staff on arrival
Provide informational updates and status reports to EOC Manager on affected and
non-affected areas in the municipality
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Establish liaison on behalf of EOC Mgr with Regional Durham Emergency
Management Office (DEMO) and Provincial Emergency Management Office (PEMO),
and request assistance as required
Process and record expenditures to meet requirements of response activities within
approved guidelines and policy
Assist with shift rotations based on input from MECG members.
Ensure signed Declaration of Emergency and Termination are catalogued
Provide support to EOC Manager and MECG as necessary
GIS Officer
Checklist
Notify CEMC when any changes in Contact Information occur
Report to EOC and set up GIS area, including tables and chairs, projector, laptops,
screen, etc.
Provide support to MECG via GIS functions. This position reports to the Operations
Officer
Notify department staff with designated emergency response duties of situation and
provide necessary direction
IT Officer
Notify CEMC when any changes in Contact Information occur
Report to EOC and provide support for all computer/phone/printer technology. This
position reports to the Operations Officer
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Ensure all technology/equipment at EOC is operational
Provide technology support where and when necessary
Ensure technology is supported and operational at the Citizen Inquiry Centre
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Direct and coordinate activities of Amateur Radio Club(s) when these organizations
are operating in support of the emergency
Establish priorities for re-establishment of any telecommunications facility damaged
as a result of the emergency
Citizen Inquiry Center Officer, or EIO
Notify CEMC when any changes in Contact Information occur
Establish Citizen Inquiry Centre (CIC)
Notify department staff with designated emergency response duties of situation and
provide necessary direction
Participate in Planning Cycle Meetings via phone as requested
Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility
Maintain contact with the EIO and prepare information for public release or inquiries,
as directed by the EIO
Activate and coordinate staffing and operations requirements in the CIC in
coordination with the EIO
Mayor (Executive Authority)
The Mayor, or alternate, will exercise executive authority through regular updates
provided by the EOC Manager. The alternates to the Mayor are designated
Members of Council. The Chief Administrative Officer is the EOC Manager and will
assume the Mayor's authority for any decisions or directives related to emergency
response operations.
The Mayor's responsibilities include, but are not limited to the following:
• Declaration or termination of a state of emergency within Clarington
• Policy decisions beyond the authority of the Chief Administrative Officer as the
EOC Manager
• Coordination with the Durham Region Chair
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• Keeping Council informed and instructing Council as required.
• Communications with all other levels of government
• Municipal Council Spokesperson
Community Emergency Management Coordinator (CEMC)
The Director of Emergency Services / Fire Chief will fulfill the role of the CEMC and
administer the Clarington Emergency Preparedness Program as prescribed by
Provincial legislation. This involves:
• Maintaining the Emergency Plan
• Maintaining the EOC and related procedures
• Verifying that Municipal departments maintain their individual emergency plans
and response capability
• Managing Municipal emergency training and exercise program
• Complying with provincial reporting requirements
Additional Staff Should the MECG be Expanded.
Director of Community Services
The Director of Community Services general duties may include:
• Closure of indoor recreation facilities
• Operational planning, decisions, and coordination within the Department of
Community Services
• Facilitating the opening of recreation facilities for warming or cooling
centers
During an emergency they are responsible for the following specific functions:
• Assist in coordination of emergency transportation services for
evacuees. Liaise with Durham Regional Police for regional transit
assistance
• Provision of resources to other departments as required
• For the development and coordination of the social component of Clarington’s
recovery plan
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Treasurer
To facilitate, monitor, and authorize the expenditure of financial resources in periods of
extended EOC activation.
Human Resources Manager
To coordinate and provide guidance and direction of the recruitment and use of
volunteers or other temporary staff.
Durham Regional Police Services (DRPS)
• Provision of law enforcement
• Protection of life and property
• Crowd control and dispersal if necessary
• Traffic control, particularly to facilitate the movement of emergency vehicles and to
restrict access to essential emergency personnel only
• Evacuation and post-evacuation security and planning
• Liaison with OPP
• Assistance for EMS with casualties if required
• Recommendation of activation of mutual aid and mutual assistance agreements
A Senior Officer should be designated to represent DRPS in the MECG, and advise the
most effective use of Police services and resources. This individual shall:
1. Report to the EOC and advise the MECG on area of responsibility.
2. Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility.
3. Participate in Planning Cycle Meetings as requested.
4. Notify CEMC when any changes in Contact Information occur.
Region of Durham Paramedic Services (RDPS)
• Coordination of the transportation of medical evacuees
• Coordination of EMS/Ambulance buses in support of the emergency
• Supervision and assistance with emergency evacuation of hospitals, nursing homes,
chronic care facilities, homes for the aged
• Liaison with police and fire officials, area hospital administrators, the provincial
Medical Officer of Health (MOH)
• Alert MOH of potential health issues such as epidemics
• Recommendation of activation of mutual aid and mutual assistance agreements
A Senior Officer should be designated to represent RDPS at the MECG, and advise the
most effective use of EMS/Ambulance/Paramedic services and resources. This individual
shall:
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1. Report to the EOC and advise the MECG on area of responsibility.
2. Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility.
3. Participate in Planning Cycle Meetings as requested.
4. Notify CEMC when any changes in Contact Information occur.
Emergency Site Representative(s)
RDPS will designate a Coordinator or Agency Commander at the emergency site.
Durham Region Health Department (DRHD)
• Response to needs directed to the Health Unit
• Arrangement of Critical Incident Stress Debriefings in collaboration with the Durham
Region Social Services and Clarington Human Resources
• Assessment of potential for evacuation of medical care-giving facilities
• Liaison with and coordination of activities between health care facilities,
EMS/Paramedic services, and other private health care organizations
• Advice and assistance to the public by providing information on health hazards
• Liaison with the Provincial Ministry of Health to coordinate evacuation and resource
requirements
• Control of communicable disease by enforcing regulations, including isolation and
quarantine of infected individuals
• Ensuring food safety through inspection, testing, and destruction
• Assistance to the Public Information Officer (PIO) at the EOC, and Site Media
Spokesperson (SMS) and Incident Commander (IC) at the emergency site with
public communications, as required
• Recommendation of activation of mutual aid and mutual assistance agreements
Emergency Operations Centre (EOC) Representative
A senior representative should be designated to represent the DRHD at the MECG, and
advise the most effective use of Health services and resources. This individual shall:
1. Report to the EOC and advise the Municipal Control Group (MCG) on area of
responsibility.
2. Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility.
3. Participate in Planning Cycle Meetings as requested.
4. Notify CEMC when any changes in Contact Information occur.
Emergency Site Representative(s)
DRHD will designate a representative at the emergency site if required.
Durham Region Social Services (DRSS)
• Provision of emergency social assistance to persons affected by the emergency
• Activation of Emergency Evacuation Centre plan as required
• Equipping and operating the Reception and Evacuation Centre(s)
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• Provision of emergency food, clothing, lodging, personal services, registration and
inquiry services
• Direction of emergency support activities of volunteer agencies such as the Red
Cross, St. John Ambulance, The Salvation Army, etc.
• Arrangement for Critical Incident Stress Debriefings in collaboration with the
Durham Region Health Department (DRHD) and Clarington’s Human Resources
• Liaison with the School Board(s) officials regarding the opening, maintenance and
operation of their facilities for use as Evacuation Centres
• Assistance to the Public Information Officer (PIO) at the EOC, and the Emergency
Inquiry Services Supervisor (EISS) at Town Hall to provide the media and public
with pertinent information regarding the Reception and Evacuation Centres
• Coordination of long term social assistance support services as required
• Liaison with Ministry of Community and Social Services officials as required
• Recommendation of activation of mutual aid and mutual assistance agreements
Emergency Operations Centre (EOC) Representative
A senior representative should be designated to represent the DRSS at the MECG, and
advise the most effective use of Social services and resources. This individual shall:
1. Report to the EOC and advise the Municipal Control Group (MCG) on area of
responsibility.
2. Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility.
3. Participate in Planning Cycle Meetings as requested.
4. Notify CEMC when any changes in Contact Information occur.
Emergency Site Representative(s)
DRSS will designate a representative at the emergency site if required.
Durham Region Transit (DRT)
• Arrangement of transportation for evacuees upon request, movement of casualties,
residents or nursing homes, homes for the aged, and long-term care facilities
• Establishment of contact with the School boards in order to provide coordinated
approach to supply and demand of emergency transportation needs
• Re-routing of transit vehicles around emergency areas, and ensure the level of
service is maintained in unaffected areas of town
• Recommendation of activation of mutual aid and mutual assistance agreements
Emergency Operations Centre (EOC) Representative
A senior representative should be designated to represent DRT with MECG, and advise
the most effective use of Transit services and resources. This individual shall:
1. Report to the EOC and advise the MECG on area of responsibility.
2. Open, maintain and secure Service Log of decisions made and actions taken in
respect to area of responsibility.
3. Participate in Planning Cycle Meetings as requested.
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4. Notify CEMC when any changes in Contact Information occur.
Emergency Site Representative(s)
DRT will designate a representative at the emergency site if required.
Other Support Staff – Evacuation Centre Staff
Arrangements have been made with a number of schools and municipal recreation
facilities to be used as Evacuation Centres. An evacuation centre is a facility where
registration and inquiry, emergency feeding and/or temporary accommodations are
provided for persons forced from their homes during an emergency. A number of
resource personnel are designated to set up, staff and operate these centres. They are
not part of the Emergency Response Organization but receive training to operate these
facilities.
During a nuclear emergency, Durham Region and/or host municipalities outside the
Primary Zone will operate evacuation centres.
A reception centre is a location where evacuees are monitored for radioactive
contamination and decontaminated if required. Durham Region and/or host
municipalities outside the Primary Zone will operate all reception centres.
Durham Emergency Management Office will coordinate the opening of evacuation
centres.
Emergency Site Management
During an emergency, Emergency Response personnel from many agencies will
congregate at the Emergency Site and work together as a team to mitigate the
effects of the emergency situation. In order to ensure that Emergency Site
operations are conducted in an organized and coordinated manner, an Incident
Commander (IC) shall be appointed by the MECG. They will be responsible for the
coordination of all Emergency Site Team activities including operations and
logistics.
1. Emergency Site
The Emergency Site is the geographic location where the emergency occurs
and where the immediate impact is greatest. In a large scale emergency
there may be one or more Emergency Sites.
2. Agency Incident Commander
Each Agency Incident Commander is in charge of that agency's operations at
the Emergency Site. S/he reports operationally to the senior agency
representative in the EOC and coordinates with the IC as a member of the
Emergency Site Team.
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3. Emergency Site Team
The Emergency Site Team is composed of the IC and the Agency Incident
Commanders/Representatives. The Team is augmented by the Site Media
Spokesperson and various technical, logistics, telecommunications and
administrative specialists as required.
4. Incident Commander (IC)
The Incident Commander is the direct link between the response operations
at the Emergency Site and the planning and support activities at the EOC. A
senior officer(s) from one of the lead response agencies is appointed by the
MCG to ensure that all activity at the Emergency Site is coordinated. Once
appointed by the MCG, the IC no longer represents or is in command of their
agency for the duration of the appointment. They assume responsibility for
overall coordination of all operations at the Emergency Site, but not the
command of any specific response agency. The IC has responsibility for all
activities within the site perimeters. Anything outside those boundaries is the
responsibility of appropriate off-site response agencies, coordinated by the
MCG.
In large-scale emergencies, with several Emergency Sites, each site will
have an IC appointed by the MCG.
Authority of the Incident Commander
The IC is given authority by the MCG to:
a) call meetings of the Emergency Site Team to share information,
and establish common goals and objectives;
b) set priorities regarding the use of limited resources;
c) mediate conflicts between Incident Commanders of responding
agencies;
d) request additional resources from the EOC Manager in the EOC;
and
e) request assistance from responding agencies for communications,
technical support personnel and equipment.
5. Site Media Spokesperson
The Lead Agency at the Site will designate the Site Media Spokesperson depending on the
nature of the emergency. This individual is responsible for coordinating the fast, accurate
dissemination of information to the media at the site. The Site Media Spoke sperson speaks
for all agencies on the site and reports operationally to the IC. The Site Media
Spokesperson works closely with the EIO at the EOC to ensure that all information
released to the Media from the scene is consistent with information being rele ased by the
IEO at the EOC Media Information Centre.
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Planning Cycle
The Planning Cycle is an interactive, continuous five-step process whereby information is
cooperatively shared for joint decision-making and action during an emergency.
PLANNING
CYCLE
1. Assess
2. Set
Objectives
3. Develop
Action Plan4. Implement
Action Plan
5. Monitor,
Re-evaluate,
Report
Step 1: Assess the Situation
Determine what is happening:
1. Gather information.
2. Collect, de-conflict and analyze information.
3. What are the potential threats and impacts?
4. What have your first responders started?
Step 2: Set Objectives
Objectives must:
1. State the desired results;
2. Be prioritized;
3. State what must be achieved by measureable and attainable outcomes; and
4. Develop a broad, general plan for results.
Step 3: Develop Action Plan
An Action Plan for results will:
1. Assign responsibilities and resources;
2. Determine how it will be monitored; and
3. Establish business cycle and reporting procedure.
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W-30
Step 4: Implement the Plan
Carry out the action plan as agreed upon in an:
1. orderly;
2. timely; and
3. effective manner.
Step 5: Monitor, Re-evaluate, Report
Put the monitoring and reporting mechanism in place.
Feed monitoring information into Planning Cycle.
Disseminate information through:
1. Situation report(s);
2. Briefing(s);
3. Lessons learned; and
4. Set the next meeting and sequence of meetings.
Planning Cycle Protocol
• Share information; provide highlights; briefly summarize status and needs.
• Everyone stands and stays until the end.
• No cell phones or Blackberries.
• Service logs remain at the workstation.
Establishing an Incident Action Plan (IAP)
Typically with the arrival of the first responding team, that team will formulate a
basic, verbal IAP while they are assessing the situation, requesting services and
making decisions. For many simple incidents, this will often be the only plan
needed. For other incidents, this initial-type IAP will be a beginning measure only
until a more formal plan can be developed.
As the response develops with many services becoming involved, a site
management team evolves with service commanders being in charge of their
personnel. A Site Management Team is established, composed of the relevant
service commanders, and a Site Manager is appointed (or pre-designated) to
coordinate the response actions at the site. Foremost among the tasks of the Site
Management team is to develop an Incident Action Plan. This plan will most likely
be a short written document in bulleted form based on a matrix. As a minimum, this
IAP describes the situation, outlines the objectives that must be a achieved to
resolve the incident, and determines the tactics that will be used to achieve the
objectives in the safest and most effective manner.
The Incident Action Plan is developed in five steps by the Emergency Operations
Centre and the Site Management Team.
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Planning Cycle Summary
Step 1: Assess
the Situation
Step 2: Set
Objectives
Step 3:
Develop
Action Plan
Step 4:
Implement the
Plan
Step 5:
Monitor, Re-
Evaluate,
Report
GOAL:
Determine the
nature and
threat of the
incident.
GOAL:
Objectives must
be measurable
and attainable.
Results should
be clear and
concise.
GOAL:
Determine how
the objectives
will be carried
out.
GOAL:
Service
Commanders
generate
incident
response
orders and
dispatch as
determined.
GOAL:
Determine if
circumstances
have altered
the situation so
that the plan
must be
modified.
HOW:
Gather
Information –
sources of
information vary
depending on
the incident, but
may include:
• observations,
• expert
advice,
• weather
reports,
• strategic
maps,
• media
coverage.
Analyze
information for
potential threats
and impacts.
Evaluate any
actions started
by first
responders.
HOW:
Objectives
should include:
• the safety of
responders,
• the safety
and well-
being of
civilians,
• stabilizing
the incident,
• protecting
property and
the
environment,
and
• protection of
law and
order.
HOW:
Assign
responsibilities
and resources.
Determine how
it will be
monitored.
Establish
business cycle
and reporting
procedure.
HOW:
Issue orders or
directives.
Carry them out
in an orderly,
timely, and
effective
manner.
HOW:
Put the
monitoring and
reporting
mechanism in
place.
Feed
monitoring
information into
Planning
Cycle.
Disseminate
information.
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Municipality of Clarington Emergency Plan
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W-32
Incident Management System
Incident Management System is utilized by Clarington for Community Emergency
Management Programs.
The Incident Management System provides a command structure that is common to
all emergency operations centers including the Provincial, Regional, department,
and Municipal Emergency Operations Centre. It is a simple model that allows the
organizational flexibility to upscale or downscale supporting resources as needed.
It is expected that all emergency sites and each community organization deployed will
utilize the Incident Management System. All groups utilize all the same functions and
management structure at all emergency operations centers and all emergency sites
as required. Each group maintains contact with its counterpart in the
Municipal/Regional Operations Centre(s) or respective organization centres. (See
Figure 2.)
The standardized Incident Management System is modeled after the North American
emergency management standards and recommended best practices that draw
substantially from the National Fire Protection Association (NFPA) 1561 and the
National Incident Management System.
Incident Management System Function Details
Command (EOC Manager) – Has the authority to give formal orders, instructions,
or directives. The three functions that support Command are:
Safety – Ensure safety of all site personnel, and pass on information received from
Command Emergency Operations Centre indirectly impacting the overall safety of
the emergency management efforts;
Liaison – Staff located in the Emergency Operations Centre that act as a link between
Command Emergency Operations Centre and their organizations/group of organizations
involved in the management of the situation; and
Emergency Information – Includes the development and timely dissemination of
approved emergency information messages and bulletins to the media and the public.
The Operations Section (Fire Officer, Public Works Officer)– Staff is responsible for
coordinating the operational requirements (resources and equipment) of the site as
required to fulfill the emergency management requirements. Staff action decisions
made by the Emergency Site Manager/Command and share information between all
elements as required.
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The Planning Section – (Operations Officer, EOC Manager) - Staff is responsible for
the development, dissemination and evaluation of emergency management and
response plans. These response plans are incident specific and may make modifications
should they be required. Staff action decisions made by the Emergency Site
Manager/Command and share information between all elements as required.
The Logistics Section – (Operations Officer, Public Works Officer, Fire Officer)
Staff is responsible for coordinating all material, services, equipment and the resources
required to manage and resolve the emergency. Staff act on decisions made by the
Emergency Site Manager/Command and share information between all elements as
required.
The Finance and Administration Section – (Operations Officer) Staff perform
administrative, financial, and staffing duties specific to the emergency. This includes
capturing incident-related costs, maintenance and scheduling of support personnel,
records, and administrating contracts.
It must be recognized that there is an overlap of the above four groups within the
Emergency Operations Centre. The MECG will perform some or all functions
depending upon the nature of the emergency.
Emergency Operations will be carried out in such a manner as to permit the departments,
Emergency Operations Centre, external organizations, institutions, and industry to
operate cohesively. The Incident Management System will be used to define the basic
command structure, roles, and responsibilities required for the effective management of
an emergency situation.
The Emergency Site Manager also uses this structure and reports to the equivalent
command in the Emergency Operations Centre. Once a Site Manager is designated, they
report to the EOC Manager.
Nuclear Emergency
Under the Emergency Management & Civil Protection Act, R.S.O., 1990, Chapter E.9,
the emergency powers conferred upon the Premier of Ontario may be delegated to a
minister of the Crown. In the case of a nuclear emergency, that minister will be the
Minster of Community Safety and Correctional Services.
Overall Direction - Response organizations for a nuclear emergency are the same as for
any emergency. However, in a nuclear emergency, the Premier of Ontario will provide
overall direction to the management of the response. Overall coordination will be
provided through the Provincial Emergency Operations Centre (PEOC).
During nuclear emergencies, the Province is in control of offsite emergency operations
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Municipality of Clarington Emergency Plan
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W-34
from the beginning of a nuclear emergency at either the Pickering or Darlington Nuclear
Generating Station. All other agencies and organizations including the Municipality of
Clarington shall conform to the directives in the Provincial Nuclear Emergency Re sponse
Plan (PNERP).
During nuclear emergencies, the Province will direct offsite response activities of the
designated municipalities. Durham Region directs and coordinates the offsite response
activities of local municipalities through the MECG from the Regional Emergency
Operations Centre.
Using a consultative process, Durham Region will assist the local municipalities with the
implementation of protective actions and precautionary management in their community
as directed by the PEOC under the PNERP.
Recovery Planning
Recovery planning is a process of returning a community back to normal or near
normal once the immediate threat to life and property has passed. The process starts
when directed by the MECG and the timing will be determined by the nature of the
emergency.
In some emergencies, response and recovery actions could be happening
simultaneously.
In a nuclear emergency, the Provincial Emergency Operations Centre will advise
Durham Region when the immediate emergency has passed and the recovery process
will begin. This information would then be communicated to the EOCs of the affected
municipalities.
Normally, recovery planning will commence when the immediate response to an
emergency has been completed and the situation has been stabilized. To begin the
recovery process, a series of committees may need to be formed to deal with various
aspects of the community assistance. These might include the following areas of need:
Financial assistance;
Infrastructure repair/rebuilding; and
Personal assistance.
Training
The Emergency Management & Civil Protection Act, R.S.O., 1990, Chapter E.9, 3 (5),
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requires that every Municipality conduct MECG training programs annually to ensure the
readiness of employees of the municipality and other persons to act under the Emergency
Plan.
The CEMC is responsible for coordinating training programs and exercises to ensure the
readiness of Municipal staff to act under the Plan. The CEMC will maintain a database of
staff training.
Staff training may be achieved through any or all of the following activities:
Staff attending internal or external general training sessions;
Staff attending refresher and/or upgrading sessions, as required;
New staff, or staff transferred to different positions, attending training; and/or
Departmental distribution of related material or information newsletters to staff with
responsibilities under the Plan.
Each department is responsible for ensuring that its staff is trained to carry out their
assigned duties under this plan.
Page 150
Attachment 2 to Report PUB-004-24
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
Proposed By-Law
Being a by-law to provide for the establishment and adoption of an Emergency Management
Program for the Municipality of Clarington.
Whereas, under section 2.1(1) of the Emergency Management and Civil Protection Act,
R.S.O. 1990, c. E.9, as amended (the "Act"), Council shall pass a by-law adopting an
emergency management program consisting of an emergency plan, training programs and
exercises for employees of the municipality and other persons with respect to the
provision of necessary services and the procedures to be followed in emergency response
and recovery efforts, and public education on risks to public safety and on public
preparedness;
And Whereas the municipality adopted an emergency plan pursuant to Clarington
By-law 2018-010 as amended;
And Whereas, the Act requires the emergency management program to conform to
standards promulgated by Emergency Management Ontario (“EMO”), including the four
core components of emergency management, namely: mitigation/prevention,
preparedness, response and recovery; and also requires every municipality to identify and
assess the various hazards and risks to public safety and identify elements of the
infrastructure that are at risk of being affected by emergencies;
And Whereas, the Act authorizes employees of the Municipality to respond to an
emergency in accordance with the emergency plan where an emergency exists, whether
or not the emergency has been declared to exist;
Now therefore, the Council of the Municipality of Clarington enacts as follows:
Page 151
Attachment 2 to Report PUB-004-24
Definitions
1.1. In this by-law:
“emergency” has the same meaning as provided for in the Act;
“emergency area” has the same meaning as provided for in the Act;
“emergency plan” has the same meaning as provided for in the Act.
Emergency Management Structure
2.1. There shall be established within the Municipality, a formal emergency management
structure, consisting of:
a) the Community Emergency Management Co-ordinator (the “CEMC”);
b) the Emergency Management Program Committee (the “EMPC”); and
c) the Municipal Emergency Control Group (the “MECG”).
2.2. The designated CEMC for the Municipality shall be the Director of Emergency and
Fire Services, or their Alternate. The CEMC shall co-ordinate the development and
implementation of the municipality’s emergency management program within the
municipality and shall co-ordinate the municipality’s emergency management
program in so far as possible with the emergency management programs of other
municipalities, of ministries of the Ontario government and of organizations outside
government that are involved in emergency management. The CEMC shall be the
chairperson of the EMPC.
2.3. The responsibilities of the CEMC shall include but not be limited to the duty to:
a) write and update nuclear and non-nuclear plans and procedures in conformity
with Section 8 of the Act;
b) co-ordinate the emergency plan of the municipality;
c) develop and conduct emergency management training programs;
d) develop and conduct training exercises;
e) develop and implement public education programs; and
f) during an emergency, provide advice to the MECG.
Page 152
Attachment 2 to Report PUB-004-24
2.4. The EMPC shall be established to provide the Municipality with a higher-level co-
ordinating body that will facilitate inter-departmental co-operation regarding policy
for emergency management and its four components: mitigation/prevention,
preparedness, response and recovery.
2.5. The EMPC shall review the state of emergency management in the Municipality and
provide policy advice regarding emergency management to facilitate co -ordination
between the various departments in the Municipality. The EMPC may, as it deems
necessary, establish sub-committees and working groups.
2.6. The Membership of the EMPC shall include
• Mayor or designate;
• Chief Administrative Officer;
• CEMC;
• Emergency Information Officer;
• Any other persons included by the Chief Administrative Officer or CEMC as
required from time to time.
2.7 The MECG shall control all operations during an emergency. The following roles for
the initial activation of the MECG shall be filled by Municipal employees as
determined by the CAO and/or CEMC.
• Operations Manager
• Operations Officer
• Emergency and Fire Services Officer
• Public Works Officer
• Emergency Information Officer
• GIS Officer
• Information Technology Officer
• The Mayor or designate shall participate as part of the MECG as required by the
EMCPA to declare or terminate an emergency, to participate in media activities
as requested and coordinated by the Operations Manager, or any other function
as determined by the Operations Manager. All other elected Officials may only
participate in, or have communication with the MECG through the Mayor.
2.8 Depending on the type of emergency, the Operations Manager may authorize
additional members from other departments to become members of the MECG.
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Attachment 2 to Report PUB-004-24
Emergency Management Program
3.1. The emergency management program shall be developed and implemented in
accordance with the Act. The program shall include a community hazard analysis
and risk assessment, an emergency plan, training programs and exercises and
public education on emergency preparedness.
3.2. The emergency plan of the municipality shall govern the provision of necessary
services during an emergency and the procedures and the manner in which
employees of the Municipality will be required to respond.
3.3. The Municipality shall submit a copy of its emergency plan, as revised from time to
time, to the Chief, EMO.
3.4. The CEMC may add to the emergency plan any risk specific support plans, as
deemed to be required. These plans will be brought forward to the Council of the
municipality for adoption.
3.5. The emergency plan of the municipality shall be reviewed annually and any
proposed revisions brought forward to the Council of the municipality for adoption.
3.6. The emergency plan of the municipality and any risk specific plans shall be made
available to the public for inspection and copying during ordinary business hours,
with the exception of plans respecting continuity of operations or services.
3.7. This by-law hereby designates all employees of the municipality as emergency
workers in the event of a municipal emergency and therefore any employee of the
municipality may be called upon and assigned responsibilities to assist in the
implementation of the emergency plan of the municipality.
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Attachment 2 to Report PUB-004-24
5. This by-law may be referred to as the "Emergency Management By-Law".
6. By-laws 2018-010, 2018-072, and 2022-28 are repealed.
7. This by-law comes into effect on the date this by-law is passed by Council.
Passed this xx day of xxxx, xxxxx.
Page 155
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: PUB-005-24
Submitted By: Lee-Ann Reck, Deputy CAO, Public Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored by: Brett Novak, Manager Operations
File Number: By-law Number:
Report Subject: Bowmanville Dog Park Lighting Update
Recommendations:
1. That Report PUB-005-24, and any related delegations or communication items, be
received;
2. That Council direct staff in the Infrastructure division to include a project for the
installation of a hardwired lighting system for the Bowmanville Leash Free Park as
part of the 2025-2027 capital budget request.
Page 156
Municipality of Clarington Page 2
Report PUB-005-24
Report Overview
As a result of a Council resolution in November 2021, solar lights were installed at both the
Courtice and Bowmanville Leash Free Dog Parks. While operating normally at the Courtice
location, the lights were not operating as intended at the Bowmanville lo cation. After
investigation, the issue was related to the power transmission lines creating interference. As
part of a resolution in September 2023, staff investigated hardwiring solutions for the
Bowmanville site. The purpose of this report is to provide an updated cost estimate and
seek a source of funding for the proposed installation of hardwired lights at the Bowmanville
Leash Free Park.
1. Background
1.1 At the regular meeting held on November 1, 2021, Council passed resolution #C -355-
21, that directed staff to install solar lights, as soon as possible, at the Courtice and
Bowmanville Leash Free Dog Parks. While the lights at the Courtice location operate
without any known problems, there were on-going issues with the lights at the
Bowmanville Dog Park, caused by the overhead high voltage power transmission lines.
Upon further investigation with the manufacturer and Hydro One, removal of all lights
was the final decision made by Hydro One.
1.2 The removal of the solar lights from the Bowmanville leash free park and the
installation at the Newcastle leash free park occurred in January 2024.
1.3 At the General Governance Committee meeting held on September 11, 2023, the
Committee passed the following motion:
“That Staff investigate a hardwired lighting system for the Bowmanville Leash
Free Park and the source of funding for the project.”
2. Further Investigation
2.1 Staff have reviewed the location with regards to existing lighting conditions for future
connection. Existing parking lot lighting for the Bowmanville boat launch to the south
could provide electrical feed to the proposed lighting inside the leash free park . Further
detailed design will be required to confirm appropriate lighting levels as well as on site
utility verification to confirm electrical capacities.
2.2 Hydro One will also need to be consulted during the design phase to ensure
compliance with the proposed permanent lighting fixtures.
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Municipality of Clarington Page 3
Report PUB-005-24
3. Financial Considerations
3.1 Permanent lighting fixtures were not considered in the 2024 capital budget due to the
timing of the motion noted above and the capital budget submission deadline. Staff
have completed a conceptual layout and associated cost estimate including design cost
and contract administration.
3.2 Total estimated cost to complete this would be $239,500 and is recommended to be
included in the upcoming 2025-2027 multi-year capital budget request. The Public
Works division in consultation with the Infrastructure Division, has completed the cost
estimate based on previous project information and the solar lighting layout that was
previously installed in the park.
3.3 The Planning & Infrastructure Department has their 2024 Capital plan in place,
inserting this project into the current year project plan could delay already planned
projects, or escalate the costs if outsourced to a contractor.
3.4 Staff considered the pending Parks, Recreation, Culture Master Plan and suggest that
the Municipality should not prioritize this capital project ahead of the recommendati ons
to be contained in that report.
3.5 Infrastructure Division will be including this project as part of their request in their 2025-
2027 muti-year capital budget which aligns with the current budget process and aligns
with new infrastructure being a responsibility of the Infrastructure Division.
4. Strategic Plan
The second pillar of Clarington’s strategic plan is Connect. The leash free park allows
residents to connect in a safe luminated location to provide their pets with recreation
space. It also provides an inclusive environment where everyone is welcome to
socialize and connect with members of the community.
5. Concurrence
This report has been reviewed by the Deputy CAO of Planning and Infrastructure
Services and the Deputy CAO of Finance and Technology/Treasurer who concur with
the recommendations.
6. Conclusion
It is respectfully recommended that council consider and approve the forthcoming
request in the 2025-207 multi-year capital budget for the design and construction of
permanent light fixtures in the Bowmanville leash free park.
Page 158
Municipality of Clarington Page 4
Report PUB-005-24
Staff Contact: Brett Novak, Manager of Operations, 905-623-3379 ext. 2909 or
bnovak@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 159
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: March 4, 2024
MOVED BY Councillor Traill
SECONDED BY Councillor Anderson
That Staff proceed with the installation of the lights at the Bowmanville Dog Park
immediately, with funds to be drawn from the Parks Reserve and the
replacement funds referred to the 2025-2027 budget.
Page 160
2
Amendment:
MOVED BY Councillor
SECONDED BY Councillor
That the foregoing Resolution be amended by adding the following:
Page 161
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: FSD-009-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary-Anne Dempster, CAO By-law Number:
Authored By: Michelle Pick, Accounting Services Manager/Deputy Treasurer
File Number: Resolution#:
Report Subject: 2023 Annual Council Remuneration Report
Recommendation:
1. That Report FSD-009-24, be received for information.
Page 162
Municipality of Clarington Page 2
Report FSD-009-24
Report Overview
This report provides a statement of the remuneration and expenses that were paid to each
Member of Council as required by Municipal Act, 2001 Section 284(1).
1. Background
1.1 The Municipal Act, 2001 Section 284(1) requires that:
“The treasurer of a municipality shall in each year on or before March 31 provide to the
council of the municipality an itemized statement on remuneration and expenses paid in
the previous year to:
(a) each member of council in respect of his or her services as a member of the council
or any other body, including a local board, to which the member has been appointed
by council or on which the member holds office by virtue of being a member of
council;
(b) each member of council in respect of his or her services as an officer or employee of
the municipality or other body described in clause (a); and
(c) each person, other than a member of council, appointed by the municipality to serve
as a member of any body, including a local board, in respect of his or her services
as a member of the body. 2001, c. 25, s. 284 (1).”
1.2 Visit the Regional Municipality of Durham’s website for information on the remuneration
and expenses of the Members of Council and Regional Council Appointees to Local
Boards.
2. Council Remuneration and Expense Reporting
2.1 A schedule detailing the remuneration and expenses paid to each Member of Council
during 2023, in accordance with By-law #2011-005, is provided in Attachment #1.
2.2 A schedule detailing compensation paid to Clarington’s representative on the Elexicon
Corporation Board of Directors from January 1 to December 31, 2023, is provided in
Attachment #2.
3. Financial Considerations
Not Applicable.
Page 163
Municipality of Clarington Page 3
Report FSD-009-24
4. Strategic Plan
4.1 Though not directly related to the specific priorities or actions set out in the Clarington
Strategic Plan 2024-27, the recommendations in Report FSD-009-24 contribute more
broadly to the “Lead” objective which is to be a leader in the delivery of efficient,
effective and meaningful municipal services. More specifically:
L2: Finances and operations are efficiently and responsibly managed ; and
L4: Residents are engaged and informed.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that the report be received.
Staff Contact: Michelle Pick, Accounting Services Manager/Deputy Treasurer, 905-623-3379
ext. 2605 or mpick@clarington.net .
Attachments:
Attachment 1 – Remuneration and Expenses for Council 2023
Attachment 2 - Remuneration and Expenses for Directors of Elexicon Corporation 2023
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 164
Attachment 1 to Report FSD-009-24
Mayor and Councillors' Remuneration and Expenses
January 1 to December 31, 2023
** Regional Councillor
Notes:
1. Conferences includes payments made by the Municipality for registration fees and/or accommodations,
as well as direct reimbursement of expenses.
2. Other includes parking, meals, airfare, external kilometre reimbursement and miscellaneous charges.
Expenses includes net HST
Deputy Mayor - January 1 to December 31, 2023
* Net of Donation to the Municipality
Name
Regular Pay
Municipal
Severance
Gross Pay
Travel Allowance
Conferences
(Note 1)
Other
(Note 2)
Total
Mayor A. Foster 107,148.58 * 107,148.58 12,513.78 3,507.66 10,630.73 133,800.75
Councillor J. Neal 77,094.99 - 77,094.99
Councillor J. Jones 12,486.99 - 12,486.99
Councillor R. Hooper 16,796.33 - 16,796.33
Councillor C. Traill 45,379.78 45,379.78 8,310.10 201.34 53,891.22
Councillor M. Zwart 45,379.78 45,379.78 8,310.10 1,196.74 303.38 55,190.00
Councillor G. Anderson** 45,379.78 45,379.78 8,310.10 573.76 54,263.64
Councillor S.El-Hajjeh 45,379.78 45,379.78 8,310.10 335.81 54,025.69
Councillor L.Rang 45,379.78 45,379.78 8,310.10 834.43 122.12 54,646.43
Councillor W.Woo** 45,379.78 45,379.78 12,124.75 1,558.27 167.98 59,230.78
Total 379,427.26 106,378.31 379,427.26 66,189.03 7,097.10 12,335.12 571,426.82
Page 165
Attachment 2 to Report FSD-009-24
Remuneration and Expenses of
Clarington Directors of Elexicon Corporation
January 1 to December 31, 2023
Name Salary
Miscellaneous
Expenses Total
A. Foster $ 21,675.12 $ -$ 21,675.12
Total $ 21,675.12 $ -$ 21,675.12
Notes:
Miscellaneous Include payments made by Elexicon for registration
expenses fees and/or accommodations, as well as direct
reimbursement of expenses.
Page 166
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: FSD-010-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored by: David Ferguson & Toni Anderson
File Number: CL2023-1 By-law Number:
Report Subject: Shaw House Accessibility Upgrades – Additional Funding
Recommendations:
1. That Report FSD-010-24, be received;
2. That additional funds in the amount of $131,170 to complete the Shaw House
Renovation project be allocated from the Community Services Building
Refurbishment Reserve Fund be approved;
3. That $193,830 of unexpended capital project funds be reallocated to the Shaw
House Renovation project be approved; and
4. That all interested parties listed in Report FSD-010-24, and any delegations be
advised of Council’s decision.
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Report Overview
To seek Council approval for additional funds required to complete the Shaw House
Renovation project.
1. Background
1.1 In 2020, Council approved a budget of $300,000 to complete renovations at the Shaw
House (156 Church St) for mixed office use. In 2021, an additional $475,000 was
approved and the Municipality also received ICIP Grant funding in the amount of
$300,000.
1.2 In 2021, RFP2021-2 was awarded to Moon-Matz Ltd to complete the design, contract
administration, engineering services and tender specifications. Tender CL2021-23 was
subsequently issued to prequalified general contractors, with two submissions
received. Both submissions exceeded the initial budget. As a result, the tender call was
cancelled with the intent to be reissued with a reduced scope of work.
1.3 In 2021/2022, Moon-Matz Ltd completed a full redesign to bring the project within
budget, while retaining base plans and site-specific reports already completed. Tender
CL2022-21 was issued to prequalified general contractors with only one compliant bid
received. The compliant submission was over budget, and it was determined that the
best course of action was to cancel the tender call and revisit the scope of work
required for further reduction.
1.4 In 2022, an additional $200,000 was approved through FSD-028-22 for a total budget
of $1,275,000. Moon-Matz Ltd, in consultation with the Municipality, reduced the scope
further to include the accessibility elevator and ramps only. Tender CL2023-1 was
issued and awarded to Snyder Construction as phase one.
1.5 During phase one of the construction, there were several change orders required to
complete various aspects of the project. There was additional asbestos found during
demolition activities on two occasions, as well as concealed structural deficiencies that
were required to be addressed as part of the work. These types of change orders are
common in a construction project, especially in a renovation project where there are
many unforeseen conditions. The cost for these unforeseen conditions amounted to
$98,521.
1.6 Phase 2 of the project includes additional washroom facilities and electrical and
plumbing upgrades required by the building code to allow for increased occupancy of
the space with the intention of Snyder Construction completing renovation activities to
substantial completion. The cost for phase two is anticipated to be $325,000.
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2. Future Use of Shaw House
2.1 Upon further evaluation of the Shaw House by Economic Development as a potential
incubator, concerns have been identified that its suitability for the purpose of an
incubator is not ideal. Specifically, capacity limitations based on building code and the
layout of Shaw House as a two-story heritage building does not align with the
requirements of an effective incubator space, which requires room for large meetings,
events, and presentations.
2.2 The recent decision by the Clarington Public Library Museums and Archives (CPLMA)
to divest from the Sarah Jane Williams location presents a promising alternative home
for an incubator. With a more expansive footprint, single-floor layout, and open-concept
design, this location aligns more closely with the specifications typical of a tech
incubator space. This location also maintains the incubator space being centrally
located.
2.3 Identified as a priority in the 2024 Council Workplan G.1.4 - Establish a small business
incubator. It is recommended that the Municipality further explore the potential of the
Sarah Jane Williams building as a host location by funding a feasibility study to assess
the suitability and determine the scope of work required to convert the space into an
incubator. Furthermore, it is recommended that the funds previously earmarked in the
current budget for furniture, fixtures, equipment (FF&E), and IT improvements for the
Shaw House incubator project be redirected to support the conversion of the future
Sarah Jane Williams to a business Incubator.
2.4 As a result of the determination that the incubator space is not conducive to being
hosted at this site, staff evaluated possible uses for Shaw House once the renovation is
complete. Clarington Emergency and Fire Services (CEFS) are currently set to
temporarily relocate to Fire Station 4 as a result of the planned renovation at Fire
Station 1. This temporary relocation required a renovation of the current MLEO offices
to accommodate CEFS administration, as well as a rental of a trailer at Station 2, until
the new Operations and Fire Training facility is built.
2.5 Moving CEFS permanently into the Shaw House space will save $50,000 in the
temporary renovation at Station 4, as well as the $15,000 per year trailer lease that
would be situated at Station 2.
2.6 Further, this permanent relocation of CEFS administration will change the scope of the
new facility design, by reducing the required administrative footprint, which stands to
reduce that proposed budget significantly.
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3. Financial Considerations
3.1 Total funds required for the completion of this project is $325,000.
3.2 The funding for this project will be comprised of unexpended funds from completed
capital projects and the Community Services Building Refurbishment Reserve Fund.
The breakdown of the funding is as follows:
Description Amount
Community Services Building Refurbishment Reserve Fund $131,170
Various Roof Replacements – remaining balance unexpended 130,000
Trulls Rd – transferred from Station 4 renovations for Fire
Administration
50,000
Various Location Suppression Upgrades – remaining balance
unexpended
11,473
Orono Yard Septic System – remaining balance unexpended 2,357
4. Strategic Plan
4.1 The completion of the Shaw House renovation project supports strategic plan priority
L.2.5 - Maintain, protect and invest in Municipal infrastructure and assets.
5. Concurrence
This report has been reviewed by the Deputy CAO, Public Services and the Deputy
CAO, Planning and Infrastructure who concur with the recommendations.
6. Conclusion
It is respectfully recommended that funds in the amount of $131,170 be transferred from
the Community Services Building Refurbishment Reserve Fund and that $193,830 of
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unexpended capital project funds be reallocated towards the completion of the Shaw
House Renovation project be approved.
Staff Contact: Ken Ferguson, Manager, Facility Services, 905-623-3379 ext. 2504 or
kferguson@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-006-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored By: Jeannette Whynot, Accessibility Coordinator
File Number: By-law Number:
Report Subject: 2023 Annual Accessibility Update
Recommendations:
1. That Report LGS-006-24, and any related communication items, be received;
2. That the Report LGS-006-24 be placed on the Municipal website to meet the
Accessibility for Ontarians with Disabilities Act (AODA) requirements; and
3. That all interested parties listed in Report LGS-006-24 be advised of Council’s
decision.
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Report Overview
The Integrated Accessibility Standard Regulations (IASR) outlines a requirement for
Municipalities to provide an annual status report. The report is intended to report on
measures taken to develop, implement and maintain policies governing how the Municipality
of Clarington achieves or will achieve accessibility through meeting its requirements outlined
in the IASR.
There are five standards that support the creation of an accessible province by 2025:
1. Customer Service Standards
2. Information and Communications Standard
3. Employment Standard
4. Transportation Standard
5. Design of Public Spaces Standard
This accessibility annual status update provides an update on the Municipalit y of
Clarington’s progress and commitment to ensure compliance with all five standards and
associated requirements.
1. Clarington Accessibility Advisory Committee (CAAC)
The Clarington Accessibility Advisory Committee (CAAC) is a citizen committee
legislated under Part VII of the Accessibility for Ontarians with Disabilities Act (AODA).
In 2023, a new CAAC was established following the 2022 municipal election. The
Committee is vibrant, engaged, and extremely passionate about their work. Meetings
are either virtual, or hybrid format, in support of removing barriers and ensuring flexibility
for members.
The CAAC meets quarterly, or at the call of the Chair. The CAAC received onboarding
training and developed goals for their term. Additionally, they nominated a local
business for the Durham Region Accessibility Awards for their commitment to
accessibility.
The CAAC and its Site Plan Subcommittee continue to review site plans and Municipal
projects integral in providing advice on key initiatives and other legislated requirements
undertaken by the Municipality. With changes to the Planning Act, the number of site
plans reviewed was lower than in previous years, having reviewed approximately 15 in
2023 in comparison to 30 in 2022.
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The CAAC attended a flag raising to recognize and promote National AccessAbility
Week in May. Additionally, they attended AppleFest in collaboration with the Diversity
Advisory Committee and the Anti-Black Racism Task Force, to promote accessibility
and inclusion in our community. While at AppleFest CAAC members promoted Treat
Accessibly to remind our community that with simple changes they can offer all children
an inclusive trick-or-treating experience.
2. 2023 Staff Updates
Accessibility Coordinator Role
2.1 The Accessibility Coordinator acts as a resource for all municipal service areas and
monitors compliance with the AODA. In 2023, the Accessibility Coordinator moved from
the Corporate Performance in the Office of the CAO to the Clerk’s Division of Legislative
Services. Additionally, the Accessibility Coordinator began reporting to the Inclusion,
Diversity, Equity and Anti-Racism (IDEA) Officer.
2.2 The Accessibility Coordinator oversees all the Municipality’s legislative requirements
under the AODA, including training of all new staff. This training focuses on providing
accessible customer service, knowledge of municipal accessibility policies , and the
Ontario Human Right Code (OHRC) as it relates to people with disabilities.
Research Initiatives
2.3 In collaboration with Ontario Tech University, the Accessibility Coordinator worked with
a Capstone student group to better understand how the municipality can further its
Inclusion, Diversity, Equity, Anti-Racism and Accessibility (IDEAA) work. The students
offered suggestions for ‘stop, start, continue’ in relation municipal policies and initiatives
on IDEAA.
2.4 In collaboration with Trent University, the Accessibility coordinator collaborated with
another student group on research related to IDEA A initiatives in Clarington. Through
their research they were able to suggest vendors for continuing education opportunities
to support the IDEAA portfolio, in addition to providing recommendations for changes to
policies, practices and procedures in Clarington.
Community Initiatives
2.5 In 2023, the Municipality partnered with Treat Accessibly to promote inclusive trick-or-
treating in our communities. The Municipality promoted Treat Accessibly through its
social media in the week leading up to Halloween, and the Accessib ility Advisory
Committee handed out 500 postcards with information on how to make Halloween more
accessible during AppleFest. 200 free Treat Accessibly lawn signs were available at
each library branch for houses who wanted to indicate that they would be an accessible
trick-or-treating stop.
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2.6 In May, the Municipality of Clarington added sensory kits to each of its eight fire trucks,
a first-of-its-kind project in Ontario. The kits contain items that can help regulate sensory
input such as noise-cancelling headphones, sunglasses, and fidget items. Autism Home
Base Durham provided training to all of Clarington’s firefighters, so they can support our
neurodivergent and autistic community members.
2.7 The Ministry of Seniors and Accessibility highlighted Clarington’s sensory kit project in
their July 2023 AODA Toolbox newsletter. This newsletter highlights AODA
requirements, offers resources and shares best practices/initiatives from across the
province.
Staff Training
2.8 During National AccessAbility Week, the Municipality partnered with the Abilities Center
to offer a lunch and learn for staff. This lunch and learn was a panel discussion where
people with lived experience with disability were able to share their experiences with
staff.
2.9 New employees will continue to be trained in accordance with the AODA. Employees
who require job-specific accessibility training will be provided it, upon request.
Public Spaces
2.10 The Municipality continues to work on the accessible outdoor fitness equipment project.
For logistical reasons, the site was moved from Soper Creek Park to South Courtice
Arena. It’s expected completion date is summer 2024.
2.11 The Municipality received $100,000 from the Government of Canada’s Enabling
Accessibility Fund to make accessibility improvements at Tyrone Community Centre.
The project is expected to be completed in 2025.
Public Consultation
2.12 In preparation for an updated Multi-Year Accessibility Plan (MYAP), the Municipality
launched a public consultation survey during National AccessAbility Week in May 2023.
This survey allowed residents to share feedback about accessibility in Clarington. The
Municipality also consulted with the CAAC to gather their feedback . The updated MYAP
will be presented to Council in March 2024 for approval.
Compliance
2.13 Every two years the Municipality is required to file an Accessibility Compliance Report
with the Government of Ontario. This report was filed in December 2023 and indicated
full compliance with the AODA and its Standards.
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Networking
2.14 The Accessibility Coordinator continues to be an active member of the Ontario Network
of Accessibility Professionals (ONAP). In 2023, the Accessibility Coordinator attend two
ONAP Conferences and actively participated in resource and information sharing
amongst accessibility colleagues.
2.15 In 2023, the Municipality of Clarington became a collaborator/member of the Canadian
Accessibility Network (CAN). CAN is a national collaboration to advance accessibility for
persons with disabilities through Research and Innovation, Education and Training,
Policy, Employment and Community Engagement.
3. 2024 Initiatives and Work Plan
3.1 Clarington’s updated Multi-Year Accessibility Plan (MYAP) will be presented to Council
in Spring 2024. This updated plan will guide accessibility initiatives in Clarington over
the next 5 years and will ensuring on-going compliance with the AODA and its
Standards.
3.2 The Accessibility Coordinator will continue to support and educate staff on creating
accessible documents, how to incorporate accessibility through their d aily work, and
respond to request for information in an alternative format.
3.3 The Accessibility Coordinator and the Inclusion, Diversity, Equity and Anti -Racism
(IDEA) Officer will continue to work collaboratively to ensure both portfolios continue to
work together in a complimentary way.
3.4 The Municipality will continue to seek out partnerships with disability organizations,
collaborations, and external funding opportunities. Additionally, the Accessibility
Coordinator will continue to collaborate with colleagues and share successful initiatives,
like the Mobility Device Charging Stations.
3.5 The Municipality will continue to work with Trent and Ontario Tech Universities as a
community partner in their Capstone courses.
3.6 Two additional facility audits will be conducted by the Rick Hansen Foundation in 2024.
The recommendations from these audits will form the basis for future facility
improvements. Additionally, these audits will be used to create “shovel ready” projects
that better position staff to take advantage of funding opportunities and increase the
opportunity for success.
3.7 Staff will continue to leverage national awareness events like National Accessibility
Week (NAAW) to celebrate and recognize accessibility in Clarington, and to bring
awareness to the importance of a barrier-free Municipality.
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4. Financial Considerations
4.1 Not Applicable.
5. Strategic Plan
5.1 The 2023 Annual Status Update supports the Connect Pilar of Clarington’s Strategic
Plan by working to create a diverse, equitable and inclusive community.
6. Concurrence
Not Applicable.
7. Conclusion
This report provides an update on achievements regarding accessibility in 2023, as
outlined in the Multi-Year Accessibility Plan and regulated requirements in the AODA.
The main goal in this portfolio is to work towards an accessible and equitable
Clarington. With the valuable contributions of staff, Clarington’s Accessibility Advisory
Committee and the ongoing support of Council, there will be many more
accomplishments seen over the next several years.
Staff Contact: Jeannette Whynot, Accessibility Coordinator, jwhynot@clarington.net
Attachments:
Not Applicable
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington Accessibility Advisory Committee
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-007-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored by: June Gallagher, Municipal Clerk
File Number: By-law Number:
Report Subject: Printing Services for External Organizations
Recommendations:
1. That Report LGS-007-24, and any related delegations or communication items, be
received;
2. That the Council Policy for Printing Services for Non-Profit Organizations, arising out
of Report CLD-005-01, be repealed;
3. That the CAO be responsible for establishing a Management Directive for printing
services for external organizations; and
4. That all interested parties listed in Report LGS-007-24, and any delegations, be
advised of Council’s decision.
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Report Overview
This report provides background, review, and recommendations on Clarington’s policy to
provide printing services to external organizations.
1. Background
1.1 Clarington’s current policy on non-profit printing services was approved by Council in
September, 2001, arising out of Report CLD-005-01. It arose out of a request from the
Durham Region Police Service for the Municipality to provide complimentary
photocopying for non-profit organizations. It is based on the premise that volunteer
organizations are providing a service to the community, and this service supports their
efforts.
1.2 The current policy to provide complimentary printing services for non-profit
organizations based on the following criteria:
2500 sheets/year - white paper
2000 sheets/year - coloured paper
over the yearly limit:
o $5.00/100 sheets white paper
o $6.00/100 sheets coloured paper
stapling, folding, cutting also provided
no advertising to be included
1.3 Over the years, Staff have encountered difficulties with aspects of the policy (in
particular, the “no advertising” provision), and since the policy was created 21 years
ago, it was time for a review.
1.4 This review also aligns with sections of the Strategic Plan to support the community and
local organizations.
2. Use by Organizations
2.1 Staff have kept statistics on the use of the program since 2015.
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2.2 The following is a list of some of the organizations that have used the service (typically
for posters, flyers, programs, draw prize ballots, surveys, minutes, agendas, donation
sheets) since 2015:
Orono Santa Claus Parade Committee
Kendal Community Centre
Clarington Board of Trade
Orono Fair
Home Base Autism Durham
Bowmanville Horticultural Society
Newtonville Hall Board
Orono Fiddle Competition
Orono Community Collective
A Gift of Art
Bowmanville Allotment Garden
Bowmanville Rotary Club
Tyrone Community Centre
Orono BIA
Durham Hospice Clarington
Al Ikram Foundation
2.3 The following is a summary, by year, of the use of the program:
Year Requests Unique
Org.
Min. #
of
Pages
Max.
# of
Pages
Average
# Pages
Total #
Pages1
Cost
Per
Year2
2015 2 2 25 30 27 55 $4.17
2016 14 6 20 2100 255 3580 $271.36
2017 12 5 50 1000 236 2840 $215.27
2018 2 2 200 240 240 200 $15.16
2019 9 6 40 800 267 2410 $182.68
2020 6 4 30 400 178 1070 $81.11
2021 3 3 100 2000 750 2250 $170.55
2022 15 4 12 2500 391 5863 $444.42
2023 65 9 1 1000 107 6952 $526.96
TOTAL $1,911.68
1NOTE: # of Pages means “number of impressions”, i.e. double-sided counts as
two pages.
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2NOTE: This cost uses the cost for colour printing of $0.0135/page for white
letter-sized paper and $0.0623 for the photocopier portion for a total of $0.0758
for a coloured copy. This cost is exclusive of Staff time and rental of the
photocopier (which Clarington pays for regardless of use).
3. Other Municipalities
3.1 Staff have contacted the other Durham Region Municipalities regarding their policy. All
other Durham Region Municipalities do not have a similar policy, except for Pickering,
which has a policy (within their internal/external printing policy) which has been in effect
since 2011, with the same limits as the Municipality of Clarington, but defining the
organization as “a group of citizens that are recognized as serving the community
including clubs, neighbourhood associations, sports associations, etc.”
4. Review
Change from Council Policy to Management Directive
4.1 In accordance with the Clarington Policy System (CP-001), the current printing services
policy does not meet the definition of a Council Policy:
The subject matter/issue affects the members of Council in their role as
elected officials;
The subject matter/issue has significant material financial implications;
There are significant aspects of Risk Management and/or public
accountability;
The subject matter relates to governance issues not specifically addressed
through the procedural by-law; or
It is legislatively required.
4.2 Therefore, Staff are recommending that the Council Policy be repealed , and the matter
move to a Management Directive as it is more operational in nature. Attachment 1 is the
proposed Management Directive to be approved by the CAO.
Restriction regarding advertising
4.3 Staff regularly have to enforce the policy and refuse a request from an organization
because the document has advertising. For instance, as part of their fundraising, they
may have secured a sponsor in exchange for the sponsor’s logo or business card being
included on the flyer – in which case we would have to reject the request.
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4.4 Staff believe that this is not in keeping with the spirit of supporting the small local
volunteer organizations and, therefore, are recommending that this restriction be lifted in
the proposed management directive and that the management directive include a
restriction on material that we wouldn’t print (i.e. that is contrary to the Criminal Code,
etc.) as well as ensuring that the printing will only be for activities that benefit the
community.
Non-Profit Organizations versus Community Groups
4.5 Although the intent of the current policy is to support local community organizations that
would otherwise have to pay for photocopying services, the current policy does not limit
the organization to “local”. In fact, it does not define “non-profit organizations”.
4.6 Staff are recommending that the Management Directive include a definition to limit the
services to Clarington based volunteer community groups.
Paying for Printing Services Above the Limits
4.7 The current policy includes a nominal payment ($0.05/black and $0.06/colour) for copies
“above the limits” but it does not cover our basic costs.
4.8 A local office supply store charges $0.75 per side for a letter size document.
4.9 The User Fee By-law contains a fee for photocopying, for the public, of $0.65/page with
a $3.00 minimum.
4.10 The Clarington Public Library Museums and Archives (CPLMA) charges the following
for self-service copying, with a minimum payment of $1 and maximum of $20:
Page Size Black & White Colour
Letter (8 ½” x 11”) $0.15 per side $0.35 per side
Legal (8 ½” x 14”) $0.15 per side $0.35 per side
Ledger/Tabloid (11” x 17”) $0.20 per side $1.00 per side
4.11 Staff are recommending a cost equal to the CPLMA be added, as a new item, to the
User Fee By-law during the next annual review, for printing services above the limits.
These fees would still be well below private printing costs, and below our fees in the
User Fee By-law.
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Coloured Paper
4.12 The current policy makes a distinction between white and coloured paper. This was
developed during a time when coloured paper was a novelty and thought to draw
attention, often at the expense of making things more difficult to read, from an
accessibility perspective. In 2016, when the Municipality was transitioning to electronic
agendas, we moved away from the use of coloured paper internally and have only
limited quantities on hand that will be used and not kept on a regular basis. The majority
of requests from organizations are for white paper.
4.13 Staff are recommending that coloured paper only be used if it is available (which will
allow staff to use up existing supplies but does not commit us to particular colours or
buying coloured paper in the future) and that paper only be offered in the three standard
sizes for white (letter, legal, ledger).
5. Financial Considerations
Based on the above usage, the financial impact is minimal (approximately $500) even if
the Staff time is included and is deemed as support for local community organizations.
Although it is expected that the usage would go up now that the restriction on
advertising is removed.
6. Strategic Plan
The recommendations in this report conform to the following priorities in Clarington’s
Strategic Plan:
L.1.3: Empower staff to identify opportunities to improve efficiency and
effectiveness.
L.3.2: Identify, establish and report on service levels of interest to the
community.
C.3.2: Reduce barriers to municipal programs, services and infrastructure.
C.4.1: Promote and support local arts, culture, and heritage sectors.
7. Concurrence
This report has been reviewed by the Deputy CAO, Finance and Technology/Treasurer
who concurs with the recommendations.
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8. Conclusion
It is respectfully recommended that Council endorse Staff’s recommendation to repeal
the previous policy and delegate this operational matter to the CAO as a Management
Directive.
Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net
Attachments:
Management Directive – Printing Services for External Organizations
Interested Parties:
All organizations who have used the printing service since 2015
All community organizations within the Clarington Community Connections
(approximately 256 community organizations)
All Clarington hall boards, advisory boards and committees
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Management Directive
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Page 1 of 4
Number: MD-00#??
Title: Printing Services for External Organizations
Type: Community Relations
Sub-type: Print/Mailroom
Owner: Legislative Services
Clerk’s Division
Approved By: CAO
Approval Date: Click or tap to enter a date.
Effective Date: Click or tap to enter a date.
Revised Date: Click or tap to enter a date.
Applicable to: All Departments and Staff
1.Legislative or Administrative Authority:
1.1. The CAO has the authority to approve Management Directives related to
operational activities. In particular, arising out of Report LGS-007-24, Council
directed the CAO to establish a policy for printing services for external
organizations.
2.Purpose:
2.1. To provide information, set parameters, and establish processes and
responsibilities to provide printing services for external organizations.
3.Scope:
3.1. The scope of this document is to be informational to Staff and applies to the
organizations defined in the Management Directive.
4.Definitions:
4.1. "Community Organization” means a group, governed by volunteers, which has a
primary mandate to provide recreational, art, cultural, social, and/or sport programs
and services that meet Clarington community needs where the
membership/participation is open to Clarington residents, which does not have the
resources to do printing. This includes clubs, neighbourhood associations, cultural
organizations, hall boards, sports associations, etc.
Attachment 1 to Report LGS-007-24
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Management Directive
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Page 2 of 4
5. Directive Requirements:
Eligible Organizations
5.1. Clarington “community organizations” are entitled to complimentary printing
services within the established process and limits.
Limits
5.2. Eligible organizations have the following limits:
• 2500 sheets/calendar year – within the paper specifications indicated in the
“Documents” section of “Eligible Requests”.
• over 2500 sheets/calendar year – pay in accordance with Clarington’s User Fee
By-law.
Eligible Requests
5.3. Documents:
• Must be electronic and must be in “print ready” condition (i.e. no manipulation
required).
• Must conform to the Use of Corporate Resources for Election Purposes Policy.
• Must benefit residents of Clarington or support a Clarington community event.
• Must not contain content contrary to the Criminal Code of Canada.
• May contain sponsorship logos and business cards, but the document cannot
have, as its main purpose, to advertise for commercial purposes.
5.4. Requests that fall within the following specifications are eligible:
• Paper Size = Letter (8 1/2” x 11”), Legal (8 ½” x 14”), and Ledger (11” x 17”)
• Folds = ½, Z, C, or double for 14” paper
• Paper Type = White, or available colours, of copy paper
• Extras =single-sided, double-sided, booklet, stapled, cutting, collated.
• Ink = black or colour
5.5. Large print jobs involving detailed specifications, which cannot be handled by the
Printshop, or print jobs that can be produced more efficiently (time wise or
financial) may not be accepted.
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Management Directive
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Page 3 of 4
Submitting a Request
5.6. All print requests must be submitted, electronically, using the form/portal specified
by the Printshop/Mailroom – contacted via clerks@clarington.net.
5.7. Requests for 1,000 pages or less shall allow a minimum of five full working days for
the print job to be completed.
5.8. Requests for more than 1,000 pages shall allow a minimum of ten working days for
the print job to be completed.
5.9. A request does not guarantee that we are able to print the request. All requests are
subject to Staff review to confirm that the request can be fulfilled, within two
business days.
Fulfilling a Request
5.10. Requests will be forwarded to the Print/Mailroom Clerk for processing.
5.11. The Print/Mailroom Clerk shall track each of the requests, by organization, and
notify the organization if they exceed the yearly limit.
5.12. Requesters will be notified, via email, of the completion of their request and
directed to the Clerks customer service desks for pickup during regular business
hours.
6. Roles and Responsibilities:
6.1. Chief Administrative Officer (CAO) is responsible for:
6.1.1. Ensuring that this Management Directive is updated for changes in corporate need,
community requirements, and good governance, as required.
6.2. Directors / Managers are responsible for the following within their scope of
authority:
6.2.1. Reviewing this policy and ensuring that appropriate staff are made aware of this
policy.
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Management Directive
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Page 4 of 4
6.3. Print/Mail room Staff and their delegates are responsible for:
6.3.1. Familiarizing themselves with this document and asking for clarification if any
information is not understood, from their manager/supervisor.
6.3.2. Communicating the details of this document to community groups where
appropriate.
6.3.3. Providing the printing services as outlined in this document.
7. Related Documents:
7.1. Use of Corporate Resources for Election Purposes Policy
8. Inquiries:
8.1. Clerk’s Division at clerks@clarington.net specifically either the Municipal Clerk or
Deputy Clerk.
9. Revision History:
Date Description of Changes Approved By
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Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-009-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored by: Joanne Barchard, Law Clerk
File Number: L4000-05-12 By-law Number:
Report Subject: Assumption of Road Widenings
Recommendations:
1. That Report LGS-009-24, and any related delegations or communication items, be
received; and
2. That the By-law attached to Report LGS-009-24, as attachment 1, be approved.
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Report Overview
Through development process, various road widenings and/or reserves have been
transferred to The Corporation of the Municipality of Clarington and require by-laws to have
the lands assumed as public highway.
1. Background
1.1 Through development process, various road widenings have been transferred to The
Corporation of the Municipality of Clarington. When development conditions are met by
adjacent land owners, the widenings require by-laws to have them assumed as public
highways for permanent maintenance purposes.
1.2 In some instances, 0.3 metre reserves have been transferred to the Municipality. When
development conditions are met by developers, the 0.3 metre reserves require by-laws
to have them dedicated as public highways for public use. The reserves will become
part of the road widening and will be assumed by the Municipality when the subdivision
is complete.
1.3 Preparing the by-laws on an individual basis is time consuming. As a cost saving
measure, the various lands to be dedicated and assumed for public use have been
permitted to accumulate so that they can be combined in the attached by -law.
1.4 It is now appropriate for the Council to pass the attached by-law.
2. Financial Considerations
Not Applicable.
3. Strategic Plan
Not Applicable.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Council pass the by-law attached to this report.
Following the passage, the Deputy CAO/Municipal Solicitor will register it in the Land
Registry Office.
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Staff Contact: Joanne Barchard, Law Clerk, 905-623-3379 ext. 2014 or
jbarchard@clarington.net
Attachments:
Attachment 1 – By-law to Establish Certain Lands as Public Highways
Interested Parties:
There are no interested parties to be notified of Council's deci sion.
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Attachment 1 to Report LGS-009-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-XX
Being a by-law to establish certain lands as public highways
WHEREAS the lands set out in the attached Schedule “A” have been conveyed to The
Corporation of the Municipality of Clarington for road widening purposes.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. The lands shown in Schedule “A” are hereby dedicated and assumed as public
highways;
2. This by-law shall come into effect on the date of passage.
BY-LAW passed this ___ day of March, 2024.
___________________________
Adrian Foster, Mayor
___________________________
June Gallagher, Municipal Clerk
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Attachment 1 to Report LGS-009-24
SCHEDULE “A”
Firstly
Pt Lot 30, Concession 3
Pts 2 and 3, 40R-31918
Municipality of Clarington
Secondly
Part of Lot 22, Con 2
Now part 1 on 40R-19192
Municipality of Clarington
Thirdly
Block 29, Plan 40M-1684
Municipality of Clarington
Regional Municipality of Durham
Fourthly
Part Lot 15, Con BFC, (Darlington)
Part 1 40R-32146
Municipality of Clarington
Regional Municipality of Durham
Page 193
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 6, 2023 Report Number: LGS-010-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor By-law Number:
Reviewed By: Mary-Anne Dempster, CAO
Authored By: Pinder Da Silva, IDEA Officer
File Number: Resolution#:
Report Subject: Diversity in Clarington - 2023 Update on Diversity Initiatives and
Clarington’s Diversity Advisory Committee
Recommendation:
1. That Report LGS-010-24 be received for information: and
2. That all interested parties listed in Report LGS-010-24, and any delegations, be advised
of Council’s decision.
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Report Overview
Diversity and Inclusion efforts are coordinated through Clarington’s Diversity Advisory
Committee (CDAC), its Anti-Black Racism Task Force, Clarington’s Diversity and Inclusion
Staff Team, and Clarington’s Truth and Reconciliation Staff Committee, for both the
community and the corporation.
Each group developed work plans that outlined their goals and strategies for their success
over the past year. Many of their accomplishments are included in this report.
1. Background
1.1 The Diversity and Inclusion portfolio moved from the Office of the CAO to Legislative
Service, Clerks Division in 2023. Previous to the move, the position evolved into the
Inclusion, Diversity, Equity and Anti-Racism (IDEA) Officer and acts as a resource for all
municipal service areas. The Accessibility portfolio falls within the IDEA portfolio and the
Accessibility Coordinator reports to the IDEA Officer.
1.2 In September 2023, Erica Mittag left the position and Pinder Da Silva moved into the
role of the IDEA Officer in November 2023.
1.3 The work within this portfolio is led by the IDEA Officer and is further supported by
internal Staff and advisory committees to ensure a diversity of voices are contributing to
the work and to ensure a greater impact in the workplace and community. The
committees are outlined below.
1.4 The Clarington Diversity Advisory Committee (CDAC) was established in 2018 and is a
resident committee that acts as an advisory body for Council. Its mandate is to provide
advice, comments, and recommendations on issues affecting diversity in our
community, foster awareness, reduce barriers, promote inclusion, and engage our
residents. The CDAC meets monthly.
1.5 The Clarington Anti-Black Racism Task Force (CABRTF) is a sub-committee of the
CDAC and was formed in August 2020 from a commitment to break down walls and
eliminate racism in the community. CABRTF’s focus is on developing strategies to
address anti-Black racism and other forms of discrimination in our community. This is
accomplished through education and awareness by recommending policies, initiatives,
and guidance on matters related to racism. Members are appointed by the CDAC, and
leadership is shared by a member of the CDAC who acts a Co-Chair. This helps to
ensure continuity of the work to the overall CDAC.
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1.6 Internally, Clarington’s Diversity and Inclusion Staff Team (DIST) was formed in 2020
and focuses on providing learning opportunities to Staff, reviews internal policies to
identify gaps or areas that need to be reviewed and strengthened. Member of DIST act
as diversity and inclusion champions for their department, extending the reach of
diversity and inclusion by engaging Staff at all levels across our corporation through
employee-driven initiatives.
1.7 In 2021, a Truth and Reconciliation Staff Committee (TRSC) was formed with cross-
departmental representation to examine the Truth and Reconciliation Commission of
Canada’s 94 Calls to Action and identify recommendations that the Municipality could
take to move forward with reconciliation. The TRSC supports the education and
awareness of Staff and the community about reconciliation, special recognition days,
and engagement with Indigenous communities.
2. Initiatives to Support Diversity and Inclusion
2.1 In 2024, the IDEA Officer, in collaboration with the internal and external committees, will
be bringing forward to Council a multi-year IDEA Strategy in the Spring. The workplans
for the internal and external committees will be incorporated into the overall IDEA
Strategy.
2.2 To support diversity initiatives, and to remove systemic barriers, fees were waived for
commissioning services on Ontario’s change of name forms for certain demographic
groups. This supports Calls to Action #17, which asks all levels of government to enable
residential school survivors and their families to reclaim names changed by the
residential school system. Additionally, this initiative supports individuals from the
2SLGBTQI+ community who are going through the name change process.
Clarington Diversity Advisory Committee:
2.3 The Committee approved the development and implementation of an Equity and
Inclusion Lens Guidelines. The commitment for 2024 is to brand the guide, present to
Council for endorsement and to municipal departments for implementation.
2.4 The Committee increased its presence at various festivals and events across
Clarington. The goal for 2024 is to connect with festival and event organizers to discuss
ways to increase diversity and representation in the entertainment, vendors, food etc.
2.5 For 2024, there will be a greater focus on highlighting the work of the committee to
showcase Clarington’s commitment to diversity and inclusion in the community.
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Clarington Anti-Black Racism Task Force:
2.6 The Committee supported the development of content for the Anti -Racism landing page
for the newly created Diversity, Inclusion and Equity webpage. The commitment for
2024 is to collaborate with Communications to use the Anti-Racism webpage to
highlight the work being done by the Task Force.
2.7 The Committee endorsed the development of an Anti-Racism and Anti-Discrimination
strategy for Clarington based on the results of the community anti-racism survey
completed in 2023. Some members of the Task Force have joined Staff from Clarington
and the Region of Durham to form a working committee to develop Clarington’s Anti-
Racism and Anti-Discrimination strategy in 2024.
2.8 A working group of the Task Force supported the implementation of the Black History
Month events in partnership with Clarington Library, Museums and Archives. The
committee will continue to be involved in the 2024 planning.
Diversity and Inclusion Staff Team
2.9 A new multi-faith prayer room and spiritual space was set up on the second floor of the
Municipal Administrative Centre. It is a space that is safe and inclusive. For 2024, the
DIST Committee will work with Community Services to identify a nother facility in
Clarington to setup a multi-faith and spiritual space so that Staff working in different
locations can access the space.
2.10 The Inclusive Language Guide was completed. An “ability” specific guide was shared
with Staff and included as a resource on the DEI page of the Hub . For 2024, the DIST
Committee will be working on uploading the remaining guides to the Hub.
2.11 The Committee supported the development and implementation of mandatory and
continuous learning IDEA staffing training, including anti-racism and gender diversity.
For 2024, the Committee will be working on identifying different ways to provide training
to part-time Staff.
2.12 Lanyards with Pride colours were ordered for staff. For 2024, Pride Flag pins and
Pronoun pins will be ordered.
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2.13 In honour of Pride Month, the Committee:
Truth and Reconciliation Staff Committee
2.14 Staff continue to examine the Truth and Reconciliation Commission’s Calls to Action
and identify recommendations the Municipality could take to respond to the Truth and
Reconciliation Commission’s Calls to Action and the Missing and Murdered Indigenous
Women and Girls and Two-Spirit People Calls for Justice.
2.15 A Land Acknowledgement Guide was created and shared on the Hub and website.
2.16 Through our partnership with Durham Region Aboriginal Circle, we partnered with
Durham Community Health Centre to host a Big Drum Circle in October 2023. We have
offered municipal space to host one of the 2024 Big Drum Circles in Clarington. In June
2023, we attended an Indigenous People’s Day event at City of Pickering and
collaborated with Clarington Library, Museums, and Archives to host an event
recognizing local Indigenous culture, art, and stories.
2.17 Council approved Resolution #GG 102-23, advocating to the federal government to
instate a wireless-device alert system which would send an emergency notification to
mobile devices when a missing Indigenous woman, girl and two-spirited person in their
region has been abducted or is believed to be in danger. This supports Calls for Justice
1.5, 1.9, 5.8 and 9.5 of the MMIWG Final Report.
Inclusive Communities
2.18 Clarington joined the Coalition of Inclusive Municipalities in June 2022, a network of
close to 100 member municipalities in Canada. This supports the Municipality’s
commitment to address racism and discrimination through service delivery,
employment, and culture. Multiple action items were implemented as part of the
Municipality’s commitment to its’ anti-racism and discrimination strategy, as described
below.
2.19 Partnering with Ontario Tech to engage with individuals in the community through an
anti-racism and anti-discrimination survey. The purpose was to elicit feedback from
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community members who have experienced or witnessed racism and discrimination in
the community.
2.20 An Anti-Racism and Anti-Discrimination Working Committee consisting of Municipal
Staff, select CDAC and CABRTF members and Durham Region Staff was created to
operationalize Project Charter: Anti-Racism and Anti-Discrimination Strategy – Creating
an Inclusive Community. This strategy and workplan is based on the findings from the
community survey. The Committee is continuing to develop and refine the workplan into
2024.
2.21 In April 2023, to solidify Council’s commitment to the Municipality’s IDEA strategy,
Council approved the Council Policy – Inclusion, Diversity, Equity and Anti-Racism and
Accessibility Training Plan for Council. The purpose of this policy is to support Members
of Council in recognizing, understanding, and addressing racism and discrimination.
The Policy commits Members of Council to participate in IDEAA related training,
coordinated by the IDEA Officer and the Accessibility Coordinator, within the first 18-
months (through a phased process) of each term of Council. Topics for training include,
but are not limited to, Indigenous Cultural Awareness, Anti-Racism, Gender Diversity,
Unconscious Bias, Cultural Competency, and Accessibility. This plan will continue until
June 2024.
Inclusion Lens Guidelines
2.22 A number of organizations and municipalities across Ontario implemented the Inclusion
Lens Guide in an effort to identify, eliminate or reduce any negative impacts or
unintended barriers when implementing new or reviewing existing initiatives. After
conversations with other municipalities, the guidelines were adapted to be applicable for
use in Clarington. The Inclusion Lens Guide was presented to and endorsed by the
Diversity Advisory and Accessibility Advisory Committees. In April 2024, the Guide will
be presented to Council and introduced to different departments as the final step for
adopting the guide.
Partnerships & Committees
2.23 Clarington Public Library, Museums, and Archives (CPLMA) continues to be a strong
partner in many ways for diversity, equity, and inclusion through community events,
Staff training opportunities and project and strategy development. Some examples of
this cross-collaboration include:
Staff training initiatives;
Representation on the Anti-Black Racism Task Force, Diversity and Inclusion
Staff Team, and the Truth and Reconciliation Staff Committee;
Community events: Clarington Celebrates Black History Month, National
Indigenous Peoples Day, National Remembrance Event – the 100th
Anniversary of the Chinese Immigration Act, 1923 and the Anti-Racism and
Discrimination Strategy; and
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For 2024, we will continue to collaborate with CLMA to identify and partner on
common training initiatives, events and celebrations related to IDEA.
2.24 As noted in the 2022 report, we collaborated in diversity, equity, and inclusion (DEI) with
the Region of Durhams’ Diversity, Equity, and Inclusion Unit. In addition to coordinating
regular networking of colleagues from across the Region in DEI, the following are
examples of this increased partnership:
Consultation for the installation of Orange Crosswalks across the Region.
Together We Rise Durham: Excellence Through the Arts; an in-person event held
in Oshawa attended by close to 200 people to celebrate Black History Month.
International Women’s Day celebration – in-person/hybrid event in Pickering with
the theme Radical Restructuring: Empowering Women for Tomorrow that
involved guest speakers, panel discussion, and displays from local service
providers. Over 200 community members attended this event .
Emancipation Day recognition event and recognition of the National Day for Truth
and Reconciliation.
2.25 Clarington joined other Durham municipalities and libraries to support the Children’s Aid
Society and participate in Youth Pride Durham and Drag Queen Storytime. Clarington
contributed time and resources to support the event and will continue to do so in 2024.
2.26 Staff also connected with the Carion Fenn Foundation – Durham Black Network to offer,
in partnership with the CPLMA, two Black Experience Town Hall events for the
community:
February 2023 event - focused on a discussion on systemic racism in healthcare.
Approximately 50 community members gathered to participate in these
discussions.
November 2023 event - focused on education and child welfare.
2.27 In 2022, Clarington was welcomed as a Durham Region Aboriginal Advisory Circle
member. This circle provides a forum for service providers, professionals, communities,
and organizations, both Indigenous and non-Indigenous, to consult, collaborate and
promote the collective health and well-being of Indigenous Peoples in the Durham
Region. We continue to collaborate and offer space for events.
Inclusive Workplace
2.28 Working with TalentMap, the Municipality of Clarington held its first Workforce
Demographic Survey in January 2023. TalentMap administered the survey to Staff and
collected the data to ensure confidentiality.
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2.29 The survey had a response rate of 52% (363 Staff) and allowed us to see which groups
are represented well within the Municipality and where there is an opportunity to
improve representation of the broader community we serve.
2.30 The survey also included some key Staff engagement questions. The results from the
survey will form our baseline measures for employee demographic, representation, and
engagement. By comparing these results to future surveys, we will be able to measure
improvements and positive changes related to diversity and inclusion.
2.31 The Human Resources Division also implemented a Diversity Recruitment strategy to
help increase the diversity of applicants applying for employment opportunities. They
have connected with agencies serving diverse populations to share job postings and
have identified job fairs to attend that will improve the diversity of applicants .
2.32 As a result of Senior Leadership approving the implementation of an Inclusion,
Diversity, Equity, Anti-Racism, and Accessibility (IDEAA) Training plan for full and part-
time Staff, a number of mandatory and continuous learning opportunities were offered to
Staff.
2.33 Throughout the past year, the following IDEAA training opportunities were offered to
Staff:
Topic Number of Participants
Indigenous Cultural Awareness 72
Gender Diversity Basics 177 new employees completed course
Gender Diversity for Managers 86
Anti-Islamophobia 50
Additionally, a similar training policy by Council was approved and launched to support
Members of Council in recognizing, understanding, and addressing racism and
discrimination.
Topic Participants
Indigenous Cultural Awareness
Councillor Anderson
Councillor Woo
Councillor Elhajjeh
Councillor Zwart
Mayor Foster
Gender Diversity Basics
Councillor Anderson
Councillor Rang
Mayor Foster
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2.34 The Municipality of Clarington continued its relationship as an Employer Partner with the
Canadian Centre for Diversity and Inclusion (CCDI). This membership demonstrates our
commitment to promoting diversity and inclusion and has provided Staff and Council
with access to a variety of resources and opportunities to support their learning through
resources, webinars, and events. The below chart is a summary of Clarington’s
participation in these programs.
Resource 2023 2022 2021 2020
(April to
December)
Webinars 44 56 64 154
Conference
Registrations
10 6 6 22
2.35 As noted in the 2022 report, after conversations prompted by Staff, a private multi-faith
prayer room and spiritual space was created at the Municipal Administrative Centre for
Staff. The space is available for prayer and reflection and is a safe and inclusive space
centred on respect. Staff are now exploring opportunities to offer spaces for this
purpose at satellite locations.
2.36 Clarington Human Resources Staff connected with the Welcome Centre Immigrant
Services and the Durham Region Unemployed Help Centre to share job postings and
direct qualified applicants to apply for our postings. As a municipality, staff also
presented at virtual workshops held by the organization to interact with and encourage
immigrant talent to consider applying to work with the Municipality of Clarington.
2.37 Recommended through Clarington’s participation in the Leading Equitable and
Accessible Delivery (LEAD) initiative, Clarington undertook a workforce demographic
survey in early 2023. A third-party company administered the confidential survey to
close to 700 employees. Highlights of the survey include:
Disability Inclusion This session was scheduled in November
2023. However, it has been rescheduled
to March 5, 2024 to ensure maximum
attendance.
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82% of the respondents feel training, and learning opportunities are offered to
support their understanding of topics of diversity and inclusion.
88% say their colleagues make them feel included at work and that people in
their team work effectively with each other regardless of differences (i.e. age,
gender, race, ethnic origin, nationality, religion, sexual orientation, disability, etc .)
61% feel our workforce reflects the diversity of the community.
Of the respondents, the majority identified as White (82%), of no religious
affiliation (50%) or Christian (31%), not a part of the 2SLGBTQIA+ community
(91%), and do not have a disability (75%).
2.38 This survey information will inform a future diversity recruitment strategy that will
address barriers and ensure we reach candidates from diverse communities to apply for
jobs with the Municipality. It will also help in planning programs, support, and resources
for our employees.
3. Financial Considerations
Not Applicable.
4. Concurrence
Not Applicable.
5. Strategic Plan
L.1.4: Take steps to ensure our staff team is diverse and inclusive, representative of the
community it serves.
C.1.3: Strengthen existing and build new partnerships with upper levels of government,
academia, businesses, community groups and other sectors.
C.3.1: Recognize and celebrate the growing diversity of the community.
C.3.2: Reduce barriers to municipal programs, services and infrastructure.
C.3.3: Develop and implement the Indigenous Engagement and Relationship Building
Strategy.
C.3.4: Continue to commit to responding to the Truth and Reconciliation Commission Calls to
Action.
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6. Conclusion
It is respectfully recommended that the report on the update of the diversity and
inclusion activities in Clarington be received for information. While there has been
significant work completed in 2023, much work remains to be done, to achieve the goal
of an inclusive community. Staff, with the support of Clarington’s Diversity Advisory
Committee, Anti-Black Racism Task Force, Truth and Reconciliation Staff Committee
and the Diversity and Inclusion Staff Team are confident we will see many
accomplishments over the next few years.
Staff Contact: Pinder DaSilva, IDEA Officer, pdasilva@clarington.net or June Gallagher,
Municipal Clerk, Legislative Services, JGallagher@clarington.net
Attachments:
Not Applicable
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington Diversity Advisory Committee
Clarington Anti-Black Racism Task Force
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-011-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored By: Lindsey Turcotte, Committee Coordinator
File Number: By-law Number:
Report Subject: Advisory Board and Committee’s Terms of Reference Update
Recommendations:
1. That Report LGS-011-24, and any related delegations or communication items, be
received;
2. That Resolution #GPA-008-04, regarding the Protocol for Council – Appointed
Advisory Committees, approved in 2004, be rescinded;
3. That Clarington’s Task Force on Affordable Housing be discontinued and that the
members be thanked for their contribution;
4. That the Tourism Advisory Committee be discontinued;
5. That the proposed new Terms of References for Clarington’s Advisory Committees,
as Attachments 1 through 7 to Report LGS-011-23, be approved;
6. That Staff be directed to advertise for the vacancies on the Accessibility Advisory
Committee and Samuel Wilmot Nature Area Management Advisory Committee ; and
7. That all interested parties listed in Report LGS-011-24, and any delegations be
advised of Council’s decision.
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Report Overview
This report details recommended changes to the Advisory Committees' Terms of Reference
to provide a standardized and consistent governance approach.
1. Background
1.1 At the January 12, 2004, General Purpose and Administration Committee meeting,
Resolution #GPA-008-04 was passed:
That Report PSD-007-04 be received;
That the Protocol for Council – Appointed Advisory Committees be
approved; and
That a senior management member from the Department responsible
for each Committee to which the protocol applies be directed to attend
the first meeting of each new term to advice the Committee of their role
and mandate, and to review the Protocol.
1.2 The Protocol, Attachment 1 to Report PSD-007-04, was created to set out the matters
that are to be included in our Advisory Boards and Committee’s Terms of Reference
and to establish standardized rules of procedure for the committees and members.
2. Terms of Reference Review
2.1 Since the protocol was approved in 2004, there have been many changes in
technology, governance, accountability, and general procedures. Therefore, the best
approach to account for the changes is to create a standardized template for all
Advisory Committees.
2.2 The new template addresses issues and inconsistencies between the Committees and
provides better governance, including improved efficiency and effectiveness.
2.3 The template includes purpose and mandate, scope of activities, definitions,
composition, qualifications, length of term, remuneration, election of members, staff
resources, responsibilities, and obligations of members (conduct of members,
absences, resignations, chair and vice chair, and conflict of interest), frequency of
meetings, quorum, land acknowledgment statement, procedure and rules,
recommendations, public participation, electronic participation, open meetings,
agendas, minutes, budget, purchasing/procurement policy, and insurance.
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Notes Applicable to all Committees
2.4 This report, and review, does not include the four Municipal Services Boards (MSBs)
(Tyrone Hall Board, Solina Hall Board, Newcastle Hall Board, and Newcastle Arena
Board) as they have different legislative requirements and are established through a by-
law, not a separate Terms of Reference. The review of the MSBs will be coming at a
future date.
2.5 Composition – many of the Committees had a minimum/maximum or a range of
members, which made it unclear how many members the Committee needed and
difficult to determine quorum and for Council to appoint members. Therefore, any of the
Committees that had a minimum/maximum range of members have been changed to a
set number of members and is reflected in their Terms of Reference.
2.6 Subcommittees – Subcommittees have been included in the Terms of Reference in the
past, however, Staff believe they are not required or needed in most cases. Therefore, a
clause that states “Board/Committee functions or tasks can take place using voting
members and volunteers, without creating a subcommittee or working group.” has been
added to the terms of reference and is notwithstanding any existing subcommittees or
working groups.
2.7 Removal of a member – Previously, when a member was absent for three consecutive
meetings, the Chair was to notify the Municipal Clerk for removal and did not apply to
absences of a Member of Council. As Council appoints the members, Staff are
suggesting that the Committees, by resolution, request Council to remove the member,
including a member of Council, from the Committee. Additionally, Staff have added a
clause to allow the Committee to request that Council remove a member if they are
misrepresenting the Committee.
2.8 Workplan and Annual Report – All Committees shall prepare an annual report and work
plan that will include an update of initiatives and activities for Council to review, by either
a presentation to Council or through the Committee’s minutes. This will give Council a
better understanding of the activities of the Committee and the accomplishments they
have achieved.
2.9 Clarington’s Advisory Committees’ Terms of Reference have been replac ed with the
new template, but some Committees have particular aspects of their Committee that
need to be changed or clarified. Staff have consulted with each Committee, who concur
with the new terms of reference. All changes outlined below are reflected in each
Committees’ Terms of Reference.
Accessibility Advisory Committee
2.10 Staff are recommending the composition be changed from 7-10 voting members to 9
voting members (8 citizens and 1 Member of Council).
2.11 Accordingly, since Council appointed 7 members in January 2023, Staff are seeking
approval to advertise for 1 additional member.
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Clarington Active Transportation and Safe Roads Advisory Committee
2.12 Staff are recommending the composition be changed from 8-10 voting members to 12
voting members (10 citizens, 1 Member of Council, Clarington’s appointee to the
Durham Active Transportation Committee).
2.13 In January 2023, Council appointed 10 members to the Committee, therefore no further
appointments are required.
Diversity Advisory Committee
2.14 In January 2024, Council amended the composition from 8 to 10 citizen members,
therefore no changes were required.
Clarington Heritage Committee
2.15 Staff are recommending the composition be changed from 5-12 voting members to 14
voting members (10 citizens, 1 Member of Council, 1 representative from the Newcastle
Village Historical Society, 1 representative from the Clarington Library, Museum, and
Archives, and 1 representative from the Architectural Conservancy Ontario – Clarington
Branch).
2.16 In January 2023, Council appointed 10 members to the Committee, therefore no further
appointments are required.
Samuel Wilmot Nature Area Management Advisory Committee
2.17 Staff are recommending changing the composition from “a minimum of 8 voting
members” to “12 voting members”.
2.18 Accordingly, since Council appointed 10 members to the Committee in January 2023,
Staff are seeking approval to advertise for the 1 remaining vacancy.
2.19 In 1998, when the Committee was established, there was a greater need for reporting to
the Ministry. Since that time, this Committee has evolved to be more of a Clarington
advisory Committee and less of a Ministry advisory Committee. Additionally, the
provision of the minutes to the Ministry has not been consistent and the Ministry has not
been concerned with missing oversight, so Staff are recommending that we discontinue
the requirement for the minutes to be sent to the Ministry. Should this change in the
future, this is an operational function that could happen and would not need to be
embedded in the Terms of Reference.
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3. Task Force on Affordable Housing
3.1 The Clarington Task Force on Affordable Housing was created, in 2018, to provide
advice, comments, and recommendations to Council on issues related to affordable
rental housing for both low and moderately-low-income households and seniors housing
needs to support and address seniors both financially and physically.
3.2 The Task force was instrumental in developing Clarington’s Affordable Housing Tool
Kit. The Tool Kit was approved by Council in 2019 (CAO-013-19) and has resulted in
several initiatives including the Affordable Housing Fund. In the past two years changes
to legislation have impacted the provision of affordable housing in the province. The
changes culminated in Clarington’s Housing Pledge, which outlines the actions
Clarington will undertake to support the development of 13,000 housing units by 2031
(PDS-009-23; February 2023). Staff are implementing both the Tool Kit and the Housing
Pledge. The decision-making process associated with the Housing Pledge rest with
Council. With these changes, it is the appropriate time to discontinue the Affordable
Housing Task Force.
4. Tourism Advisory Committee
4.1 The Tourism Advisory Committee was established in 2018, arising out of a
recommendation contained in the Tourism Service Delivery Review. It was created to
provide advice, comments, and recommendations to Council on tourism services,
activities, and initiatives to promote the Municipality. Since that time, many forces have
affected Clarington’s tourism including changes in Clarington Staff/structure, the
removal of a Member of Council from the Committee, and COVID-19, which has
changed how we approach Tourism – from focusing on visitor attraction to offering the
same business retention, attraction, and expansion services provided to the
Municipalities and other business sectors. In January 2023, when the new term started,
no members were appointed to the Committee as it was noted that the Committee was
under review. As a result of the review, Staff are recommending that the Tourism
Advisory Committee be discontinued.
5. Financial Considerations
Not Applicable.
6. Strategic Plan
The recommendations of this report are consistent with L.1.3 of the Strategic Plan to
empower staff to identify opportunities to improve efficiency and effectiveness and
strengthening existing and build new partnerships with upper levels of government,
academia, businesses, community groups, and other sectors.
7. Concurrence
Not Applicable.
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8. Conclusion
It is respectfully recommended that Committee approve the updated Terms of
References for Clarington’s Advisory Committee’s and direct Staff to advertise for any
open vacancies.
Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or
lpatenaude@clarington.net.
Attachments:
Attachment 1 – Accessibility Advisory Committee’s Terms of Reference
Attachment 2 - Agricultural Advisory Committee
Attachment 3 - Bowmanville Santa Claus Parade
Attachment 4 - Clarington Active Transportation and Safe Roads Advisory Committee
Attachment 5 - Clarington Heritage Committee
Attachment 6 - Clarington Diversity Advisory Committee
Attachment 7 - Samuel Wilmot Nature Area Management Advisory Committee
Interested Parties:
The following interested parties will be notified of Council's decision:
Accessibility Advisory Committee
Agricultural Advisory Committee
Bowmanville Santa Claus Parade
Clarington Active Transportation and Safe Roads Advisory Committee
Clarington Heritage Committee
Clarington Diversity Advisory Committee
Samuel Wilmot Nature Area Management Advisory Committee
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Attachment 1 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Accessibility Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Accessibility Advisory Committee (AAC) provides advice to Council on
identifying, preventing, and eliminating barriers to people with disabilities in
municipal programs, services, initiatives, and facilities. The Committee plays a
pivotal role in helping Clarington become a barrier-free community and ensuring
obligations under the Accessibility for Ontarians with Disabilities Act, 2005
(AODA) are met.
2. Scope of Activities
2.1. The Accessibility Advisory Committee shall:
a) Advise Council of the requirements and implementation of accessibility
standards and the preparation of accessibility reports and other such matters
for which Council may seek its advice;
b) Provide advice to staff and Council on the development and implementation
of Clarington’s Multi-Year Accessibility Plan;
c) Provide feedback on Clarington’s annual status update on accessibility;
d) Participate in consultation requirements as described under the AODA and
its Standards;
e) Review and provide feedback on municipal development and re development
projects as required under the Design of Public Spaces (DOPS) Standard;
f) Review in a timely manner the site plans and drawings described in section
41 of the Planning Act that the AAC selects; and
g) Promote awareness of accessibility and inclusion.
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3. Definitions
3.1. Barrier means anything that prevents a person with a disability from fully
participating in all aspects of society because of their disability, including a
physical barrier, an architectural barrier, an information or communications
barrier, an attitudinal barrier, a technological barrier, a policy, or a practice
(“obstacle”);
3.2. Disability means:
a) any degree of physical disability, infirmity, malformation or disfigurement that
is caused by bodily injury, birth defect or illness and, without limiting the
generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury,
any degree of paralysis, amputation, lack of physical co-ordination, blindness
or visual impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device;
b) a condition of mental impairment or a developmental disability;
c) a learning disability, or a dysfunction in one or more of the processes involved
in understanding or using symbols or spoken language;
d) a mental disorder; or
e) an injury or disability for which benefits were claimed or receive d under the
insurance plan established under the Workplace Safety and Insurance Act,
1997 (“handicap”);
3.3. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Committee.
3.4. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.5. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board, or commission under its authority.
3.6. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.7. Member means a Member of Council or Committee.
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3.8. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid. Committee
Members
Composition
3.9. The Committee shall be comprised of the following 9 voting members, appointed
by Council:
a) 8 citizen members; and
b) 1 Member of Council.
3.10. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Qualifications
3.11. The Committee shall consist of the following:
a) The majority (50%) of the Committee shall be held by persons with
disabilities. If this requirement is not met, the Committee can still meet while
vacancies are advertised;
b) Must be a resident of the Municipality of Clarington;
c) Must have awareness and knowledge of the AODA and its Standards;
d) Must have awareness and knowledge of disab ility and accessibility issues;
and
e) Must be familiar with Clarington’s goods, services, and facilities.
Length of Term
3.12. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
3.13. Members serve on a voluntary basis and do not receive any form of
remuneration.
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Election of Members
3.14. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice-Chair, except
as Election Chair, as outlined in this Terms of Reference.
3.15. The Chair, Vice Chair, and Secretary are elected at the first meeting of the term.
3.16. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
3.17. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
3.18. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
3.19. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
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4. Responsibilities and Obligations of Members
General
4.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of the Committee Members
4.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
4.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
4.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
4.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
4.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
4.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
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4.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
4.9. Members unable to attend a meeting cannot send an alternate.
Resignations
4.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
4.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
4.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
4.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
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4.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
4.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
5. Meetings
Frequency and Location of Meetings
5.1. The Committee will meet once per quarter or at the call of the Chair. Exceptions
may include:
a) Meetings in July and August;
b) During the year of a municipal election, meetings may be cancelled in the last
quarter of the year; and
c) Where quorum is not reached.
5.2. The location of the meetings will be determined by the Committee.
Quorum
5.3. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
5.4. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
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Procedures and Rules
5.5. The Committee is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of
Conduct, this Terms of Reference, and any other applicable policies and/or
procedures.
Recommendations
5.6. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
5.7. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
5.8. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
5.9. The Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
5.10. See Appendix B for details on motions and amendments.
Electronic Participation
5.11. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
5.12. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
5.13. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
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Open Meetings
5.14. All Committee meetings must be open to the public unless discussing items
noted below.
5.15. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
5.16. The following are reasons for a closed meeting of an advisory board or
Committee, in accordance with Section 239 (2), Municipal Act, 2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
5.17. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
5.18. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
5.19. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
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5.20. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
6. Reporting and Communications
Consultation
6.1. In accordance with section 29(5) of the Accessibility for Ontarians with
Disabilities Act, 2005, Council shall seek advice from the AAC on the
accessibility for persons with disabilities to a building, structure or premises, or
part of a building, structure or premises,
a) That the Council purchases, constructs or significantly renovates;
b) For which the Council enters into a new lease; or
c) That a person provides a municipal capital facility under an agreement
entered into with the Council in accordance with section 110 of the Municipal
Act, 2001.
6.2. Council may assign other roles and responsibilities to the Committee, however,
Council must ensure that the Committee is still able to meet its legal
responsibilities.
Agendas
6.3. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
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Minutes
6.4. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
6.5. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
6.6. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
7. Budget, Annual Reports and Work Plan
7.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
7.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
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8. Purchasing/Procurement Polic y
8.1. All expenditures must relate to matters directly within the mandate of the
Committee.
8.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
8.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exc eed the
Committee’s approved budget require Council approval.
9. Insurance
9.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
9.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
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Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state t he exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Agricultural Advisory Committee
of Clarington
Terms of Reference
1. Purpose and Mandate
1.1. The Committee helps Municipal Staff identify any agricultural-related issues and
makes recommendations to Council. The Committee provides Council and staff
with an agricultural perspective on many issues that impact the indust ry. It also
provides advice on municipal policy and by-laws as they relate to agriculture.
2. Scope of Activities
2.1. The Agricultural Advisory Committee shall:
a) identify, review, discuss and make recommendations to Council on
agricultural and agricultural-related issues.
b) assist the Municipality in the implementation of its agricultural goals,
objectives and policies;
c) provide advice, comments and recommendations on issues and concerns of
farmers and agricultural organizations;
d) identify key issues of concern for farmers which can be addressed by
municipal government;
e) provide advice, comments and recommendations on alternative solutions,
approaches, plans or studies dealing with agriculture and related rural issues
which are within the responsibilities and financial capabilities of the
Municipality of Clarington;
f) monitor and report on changes within the agricultural industry including
agricultural land inventory;
g) identify and implement programs which encourage public awareness, land
stewardship and education of agricultural and rural issues;
h) inform individuals, groups and businesses of the Municipality's agricultural
goals, objectives and policies;
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i) provide advice, comments and recommendations as requested by the
Municipality of Clarington Council on miscellaneous matters as they arise;
j) consult with other community groups and committees on issues of mutual
interest.
3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a lo cal board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 12 voting members,
appointed by Council:
a) 10 citizen members;
b) 1 Member of Council;
c) Durham Region Federation of Agriculture (Appointed by DRFA)
4.2. The Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
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Qualifications
4.3. All members must be residents of or own property in the Municipality of
Clarington.
4.4. Members will be selected based on various farming interests and experiences
(dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.).
4.5. Members shall possess knowledge of agricultural issues within Clarington ,
technical training in an agriculture-based field, and/or be currently involved in
agricultural activities.
4.6. Any nominated representative of an organization involved in agricultural and rural
issues are invited to apply.
Length of Term
4.7. The Committee shall stagger the terms of members, by appointing half of the
membership every two years, for a four-year term, or until their successor is
appointed (Endorsed by Council on March 25, 2013, by Resolution #C-105-13).
Remuneration
4.8. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.9. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.10. The Chair and Vice Chair are elected every two years.
4.11. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
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4.12. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.13. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.14. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct, and any guidelines for the Committee.
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Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. A Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. A Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
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5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
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Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. The Committee is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of
Conduct, this Terms of Reference, and any other applicable policies and/or
procedures.
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Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. The Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
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6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
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7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
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g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
9. Purchasing/Procurement Policy
9.1. The Committee has no purchasing or procurement responsibilities.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
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Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Bowmanville Santa Clause
Parade Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Bowmanville Santa Claus Parade is responsible for organizing and
conducting the Annual Bowmanville Santa Claus Parade and ensuring that an
inclusive and safe parade event is planned and presented for the community.
The mission of the Committee shall be accomplished through the provision of
advice and recommendations on Christmas parade matters, as well as hands -on
work.
2. Scope of Activities
2.1. The Committee is responsible for organizing, coordinating, supporting, and
supervising the annual Santa Claus Parade which includes, but is not limited to,
the following activities:
a) Establish the date, route, and theme;
b) Registration of Floats and Walkers;
c) Marshalling and recruiting volunteers;
d) Partnering with local businesses;
e) Judging, advertising, and trophies; and
f) Working with Durham Regional Police, Municipal Law Enforcement, and any
other authorities required to obtain the appropriate permissions. Further that
the Committee shall make all participants aware of the applicable
licences/permissions.
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3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 11 voting members,
appointed by Council:
a) 10 citizen members; and
b) 1 Member(s) of Council.
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
4.3. An unlimited number of non-voting volunteers may also be involved in parade
activities.
Qualifications
4.4. Members shall demonstrate commitment to, and interest in, the Clarington
community; and
4.5. Members shall be residents of, work in, or have a place of business in the
Municipality of Clarington.
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Length of Term
4.6. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.7. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.8. The Committee shall elect a Chair, Vice Chair, Treasurer, and Secretary from
among its voting membership. Members of Council and Municipal Staff sitting on
the Committee are not eligible to assume the position of Chair or Vice -Chair,
except as Election Chair, as outlined in this Terms of Reference.
4.9. The positions are elected at the first meeting of the term.
4.10. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair an d conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.11. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.12. This committee does not receive Staff assistance.
5. Responsibilities and Obligations of Members
General
5.1. A member of a Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
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d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
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5.11. Council may appoint new members to a Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Treasurer Responsibilities
5.15. In accordance with Clarington’s guidelines and policies, the Treasurer is
responsible for:
a) Drafting the budget for Committee consideration, and submission to Council.
b) Reimbursements for all purchases upon receiving the receipt.
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c) Accounting related tasks (i.e. banking deposits; issuing cheques).
d) Reporting to the Committee at each meeting, on the financial status of the
Committee.
e) Maintaining all financial documents.
f) Preparing the year-end report.
Secretary Responsibilities
5.16. The secretary is responsible for:
a) Assisting the Chair in preparing and distributing meeting agendas; and
b) Preparing meeting minutes for each meeting and distributing them to the
Municipal Clerk’s Office, in accordance with Section 7.2.
Conflict of Interest
5.17. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
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Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
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Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
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6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next ap propriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
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7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the budget timelines established by the Deputy CAO / Treasurer.
8.3. The Committee shall provide a year-end financial report to the Finance and
Technology Department, outlining how funds were used.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Deputy CAO /
Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
9.4. All assets are Municipality of Clarington assets.
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10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. The event is covered by Municipality of Clarington’s insurance coverage.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
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Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Active Transportation and
Safe Roads Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Active Transportation and Safe Roads Advisory Committee
(CATSRAC) will advise Council on matters related to active transportation, trails,
cycling networks, pedestrian connectivity, and transportation safety. The
Committee will also provide input into the implementation of The Clarington
Transportation Master Plan and encourage, promote, and participate in the
planning of active transportation policies, programs, and facilities.
2. Scope of Activities
2.1. The Clarington Active Transportation and Safe Roads Advisory Committee shall:
a) Advise Council on matters related to active transportation, trails, cycling
networks, pedestrian connectivity, and transportation safety;
b) Provide input into the implementation of the Clarington Transportation Master
Plan and encourage, promote, and participate in the Planning of active
transportation policies, programs, and facilities;
c) Serve as a liaison between the community and the Municipality on matters
pertaining to active transportation and safe roads;
d) Advise Staff in the development of transportation plans, policies, and
programs to promote and encourage safety for all road and trail users;
e) Advise on the development, delivery, and maintenance of active
transportation policies, programs, and facilities;
f) Educate residents and businesses regarding the environmental, social,
economic, and health benefits of active transportation;
g) Encourage citizens to use forms of active transportation through public
outreach, education programs, and events (e.g. monthly walks, etc.);
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h) Educate the public on the benefits, necessities, and safety aspects of active
transportation and Safe Roads;
i) Support active transportation as an economic driver;
j) Collaborate with adjacent municipalities and the Region of Durham to support
and coordinate active transportation initiatives;
k) Promote and enhance continuous and integrated cycling and leisure trails (i.e.
trails, sidewalks, bicycle lanes) within Clarington and with its neighbouring
municipalities;
l) Encourage legislation and policy changes that support and strengthen active
transportation;
m) Provide an increased understanding of active transportation and Safe Roads
issues and concerns within Clarington;
n) Advise on new or improved transportation initiatives for all road users
including pedestrians and cyclists; and
o) Assist in monitoring the effectiveness of all transportation and safety
initiatives.
3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
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4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 12 voting members,
appointed by Council:
a) 10 citizen members;
b) 1 Member of Council; and
c) Clarington’s appointee to the Durham Active Transportation Committee .
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Qualifications
4.3. All members must be residents of the Municipality of Clarington and represent
active transportation methods in the Community such as cycling, hiking, running,
and seniors.
Length of Term
4.4. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.5. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.6. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.7. The Chair and Vice Chair are elected every two years.
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4.8. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Cha ir and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.9. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.10. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.11. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
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Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. A Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. A Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
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Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
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6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read, at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from the Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
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6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
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f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
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Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
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9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when th e vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at lea st
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
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Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state t he exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Heritage Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Heritage Committee assists the Municipality of Clarington in its
efforts to identify, review, discuss, and make recommendations to Council on
properties and issues of cultural heritage value or interest. The Committee is a
volunteer advisory committee established by the Municipality of Clarington
Council in accordance with the provisions of the Ontario Heritage Act. Committee
members are responsible to the Municipality of Clarington and are bound by By-
law 2006-079, establishing Clarington’s Municipal Heritage Committee.
2. Scope of Activities
2.1. The Clarington Heritage Committee shall:
a) Prepare, evaluate, update, and maintain a list of properties of cultural
heritage value or interest, and a list of cultural heritage landscapes;
b) Advise and assist Council on all matters relating to Part IV and Part V of the
Ontario Heritage Act, on all matters relating to properties of cultural heritage
value or interest, and on all matters relating to cultural heritage landscapes;
c) Represent cultural heritage issues on various municipal committees as
requested;
d) Conduct a fair and equitable analysis of all matters relating to cultural
heritage conservation prior to making a recommendation to Council;
e) Implement programs and activities, as decided by the Committee, which
would increase public awareness and education of cultural heritage
conservation issues, and promote community involvement;
f) Utilize funds budgeted by Council and generated through fund raising
activities to conserve the Municipality’s cultural heritage, increase public
awareness and education, conduct research, and provide for the general
education and administration of the Committee; and
g) Prepare a periodic report to Council to advise Council of the Committee
activities.
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3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 14 voting members:
a) 10 citizen members, appointed by Council;
b) 1 Member of Council;
c) A representative from the Newcastle Village and District Historical Society
(not appointed by Council);
d) A representative from the Clarington Library, Museum and Archives; if Staff,
an ex-officio member (not appointed by Council); and
e) A representative from Architectural Conservancy Ontario – Clarington Branch
(not appointed by Council).
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
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Qualifications
4.3. The Committee shall seek to obtain the following as voting members:
a) Clarington residents from each of the four municipal wards that are
experienced in heritage conservation matters;
b) Building and design specialist; and
c) An architectural historian.
4.4. Members shall possess knowledge of cultural heritage issues within Clarington,
relevant heritage conservation experience, technical training in a heritage
planning field, and/or have current involvement in cultural heritage community
activities.
Length of Term
4.5. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.6. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.7. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.8. The Chair and Vice Chair are elected at the beginning of every two years.
4.9. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.10. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
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Staff Resources
4.11. The municipal department responsible for a Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting m aterials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.12. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of a Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
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5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
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d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
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Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
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Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory boar d or
Committee, in accordance with Section 239 (2), Municipal Act, 2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
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6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
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Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
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9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a
motion by saying “I move…”.
Another member seconds the motion. If there is no seconder, no
discussion or vote takes place; it is not recorded in the minutes; and the
Committee either proposes a different motion or moves to the next agenda
item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
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Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case,
the Vice-Chair or any other member may act as Chair until the motion is
voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Diversity Advisory
Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Diversity Advisory Committee (“the committee”) shall provide
advice, comments and recommendations on issues affecting diversity in our
community in an effort to foster awareness, reduce barriers, promote inclusion
and engage our residents. The committee strives towards a safe, welcoming and
inclusive Clarington, where differences are celebrated, and the voices of all
peoples are heard.
2. Scope of Activities
2.1. The Diversity Advisory Committee shall:
a) Serve as a liaison between the community and the Municipality on matters
pertaining to inclusion, diversity, equity, and anti-racism (IDEA) with a focus
on fostering greater understanding of inclusion issues in the community;
b) Identify Municipal policies and processes that may be counteractive to the
Municipality’s IDEA strategy and recommend applicable changes and options;
c) Serve as a resource to Staff as they identify and work to remedy potential and
existing barriers that prevent equitable access within programs, services, and
policies;
d) Consult with other Regional and Municipal community groups and committees
on issues of mutual interest that impact Clarington;
e) Build relationships and collaborate with diverse community groups and
organizations to understand their needs and p erspectives in order to raise
awareness and address IDEA barriers;
f) Facilitate discussions with Municipal businesses and organizations
responsible for organizing community celebrations and events on ways to
increase representation and celebrate Clarington’s diversity;
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g) Engage Clarington residents and facilitate opportunities to educate and
celebrate the different aspects of diverse cultures and traditions; and
h) Represent the Diversity Advisory Committee at community events, functions,
and celebrations.
3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 11 voting members,
appointed by Council:
a) 10 citizen members, including two youth members (16 to 24 years); and
b) 1 Member of Council.
4.2. The Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
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Qualifications
4.3. Members appointed to this Committee shall be residents of the Municipality of
Clarington and represent a broad range of under-served and equity-seeking
groups such as, but not limited to Indigenous Peoples; racialized people; Two
Spirit, Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex,
Asexual (2SLGBTQQIA), and additional ways in which people choose to identify;
people of diverse ethnic or cultural origin; newcomers, or new Canadians.
4.4. The Committee members shall have:
a) The ability to research issues relevant to the Committee’s responsibilities;
b) Experience working in teams, with community groups/boards;
c) Knowledge, living or lived experience with diversity, equity, and inclusion
matters; and
d) Commitment as a change-agent in diversity, equity and inclusion matters in
the community.
Length of Term
4.5. The Committee shall stagger the terms of members, by appointing half of the
membership (5 members) every two years, for a four-year term, or until their
successor is appointed.
Remuneration
4.6. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.7. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice-Chair, except
as Election Chair, as outlined in this Terms of Reference.
4.8. The positions are elected every 2 years, at the first meeting of the new year.
4.9. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
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4.10. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.11. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.12. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
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Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
5.6. The committee members shall contribute time, knowledge, skill and expertise to
the fulfillment of the Diversity Advisory Committee’s responsibilities; research
issues relevant to the Committee’s responsibilities as required; work with staff to
implement Council’s decisions relevant to the committee’s responsibilities, and
commit to attend regular meetings throughout the year.
Absences
5.7. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a ch ild by the member.
5.8. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.9. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.10. Members unable to attend a meeting cannot send an alternate.
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Resignations
5.11. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.12. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.13. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.14. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.15. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
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Conflict of Interest
5.16. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minute s
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
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6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
6.13. The committee will also request participation, as required, from groups such as:
a) Diversity and Immigration – Region of Durham;
b) Durham Regional Police Services;
c) Clarington Public Library;
d) PFLAG Durham;
e) Visual Arts Centre of Clarington;
f) Active 55+ (Clarington);
g) Other organizations as needed; and
h) Other municipal departments as required.
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Open Meetings
6.14. All Committee meetings must be open to the public unless discussing items
noted below.
6.15. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.16. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.17. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.18. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.19. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
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6.20. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
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f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
8.3. The responsible department shall oversee the Committee’s budget.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nom inee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
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The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motio n. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
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If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Samuel Wilmot Nature Area
Management Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC)
is a group of volunteers appointed by the Municipality of Clarington to assist the
Municipality and Ministry of Natural Resources and Forestry in managing the
Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and
improving the condition of the Nature Area for the benefit of the wildlife that
resides there and the enjoyment of the residents of Clarington. The Committee
plays an educational role for residents and visitors by organizing public
presentations, events, and activities related to nature and the environment.
2. Scope of Activities
2.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC)
has responsibilities for the following issues:
a) Complement the Municipality’s implementation of the recommendations in
the Samuel Wilmot Nature Area Environmental Management Plan (EMP);
b) Raising public awareness;
c) Encouraging volunteerism for educational activities;
d) Fund-raising; and
e) Monitoring changes in the ecosystem.
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3. Definitions
3.1. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Council or Committee, as the case may be.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a local board or of a
committee of either of them, where (a) a quorum of members is present, and (b)
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the mee ting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 12 voting members,
appointed by Council:
a) 11 citizen members; and
b) 1 Member of Council.
4.2. The Committee shall consist of one, non-voting representative from the
Ganaraska Region Conservation Authority.
4.3. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
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Qualifications
4.4. All members must be residents of the Municipality of Clarington, shall possess
various skills, and will participate in the implementation of the EMP. The required
skills are as follows:
a) Technical – shall interpret the EMP, recommend the work plan on a yearly
basis and provide leadership during the implementation of projects and
monitoring;
b) Public Relations – shall create a public relations strategy focusing on public
awareness, education, and promoting the site;
c) Fund-raising – may create a fund-raising strategy aimed at soliciting private
funds, donations-in-kind, and investigating charitable status; and
d) Volunteer support – shall be responsible for soliciting volunteers and
organizing work programs.
4.5. The Committee shall be supported by volunteers, who can be any individuals
from the public, who possess various skills or who have an interest in the site
and are willing to participate in protection/enhancement projects or other aspects
such as fund-raising, writing, leading walking tours, tree planting, collecting litter,
trailblazing, etc.
Length of Term
4.6. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.7. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.8. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice -Chair, except
as Election Chair, as outlined in this Terms of Reference.
4.9. The positions are elected at the first meeting of the term.
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4.10. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.11. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.12. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of meeting minutes and Committee correspondence (including
assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.13. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
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d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council Committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
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Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
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Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
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Attachment 7 to Report LGS-011-24
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any poi nt in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
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Attachment 7 to Report LGS-011-24
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. A meeting shall not be closed to the public during a vote except where the
meeting is a closed meeting permitted or required by statute, and where the vote
is for a procedural matter or for giving directions or instructions to employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
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Attachment 7 to Report LGS-011-24
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
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Attachment 7 to Report LGS-011-24
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
8.2.1. The Committee, in consultation with the Municipality, will recommend to Council
an annual capital budget for improvements in the Nature Area and expenditures
related to communications. All projects must be approved by Council prior to any
expenditures. The Committee shall be responsible for applying for grants from
various private sources and senior levels of government. The Department
responsible for the Committee will budget for the annual operating expenses
associated with the nature area.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
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Attachment 7 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
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Attachment 7 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
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Attachment 7 to Report LGS-011-24
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or reje cted another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Page 309
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-012-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
Authored By: Lindsey Turcotte, Committee Coordinator
File Number: By-law Number:
Report Subject: Appointments to the Bowmanville Santa Claus Parade Committee,
Clarington Active Transportation and Safe Roads Advisory Committee,
Diversity Advisory Committee, Tyrone Hall Board and Newcastle Village
Community Hall Board
Recommendations:
1. That Report LGS-012-24, and any related delegations or communication items, be
received;
2. That the resignations of Janet Lange, Jennifer Van Huss, Michelle Speirs, Michelle
Kimmerly, Brad Jakobsen, Henry Wildeboer, Nakul Roy, Mary Taylor, Meera
MacDonald, Yasmin Shafi, Andaleeb Shafi, and Sharon Grant-Young, be received;
3. That depending on the decision of Council, on recommendation 3 of Report LGS -
011-24, the applicants for the Clarington Task Force on Affordable Housing
vacancies, be notified of Council’s decision to discontinue the Task Force;
4. That the members listed in Section 5.3, of Report LGS-012-24, be appointed to the
Tyrone Hall Board for a term ending December 31, 2024, or until a successor is
appointed.
5. That Staff be authorized to re-advertise for the remaining vacancy on the Newcastle
Village Community Hall Board;
6. That the Committee consider the applications for appointments to the Bowmanville
Santa Claus Parade Committee, Clarington Active Transportation and Safe Roads
Advisory Committee, and Diversity Advisory Committee, and that the vote be
conducted to appoint the citizen representatives, in accordance with the
Appointment to Boards and Committees Policy; and
7. That all interested parties listed in Report LGS-012-24 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report LGS-012-24
Report Overview
This report is intended to provide background information, regarding the vacancies on the
Bowmanville Santa Claus Parade Committee, Clarington Active Transportation and Safe
Roads Advisory Committee, Diversity Advisory Committee, and Newcastle Village
Community Hall Board Committee to assist in the appointment process.
1. Bowmanville Santa Claus Parade Committee
Background
1.1 The Bowmanville Santa Claus Parade Committee is a Committee of Council,
responsible for organizing and conducting the annual Bowmanville Santa Claus Parade
and ensuring that an inclusive and safe parade event is planned and presented for the
community. The mission of the Committee will be accomplished through the provision of
advice and recommendations on Christmas parade matters, as well as hands -on work.
1.2 The Committee is comprised of 10 citizen members and 1 Member of Council.
Current Situation
1.3 The Clerk’s Division received notification of resignations from Jennifer Van Huss, Janet
Lange, and Michelle Kimmerly, who were appointed in February 2023, and Michelle
Speirs, who was appointed in June 2023, to the Bowmanville Santa Claus Parade
Committee for a term ending December 31, 2026, or until a successor is appointed.
1.4 Currently, the Committee has 7 voting members, therefore Committee may appoint 4
citizen members for a term ending December 31, 2026, or until a successor is
appointed.
1.5 Members appointed to the Committee shall demonstrate commitment to, and interest in,
the Clarington community; and be residents of the Municipality of Clarington, work in the
Municipality of Clarington, or have a place of business in the municipality.
1.6 The following have put forward an application for consideration:
Cailley Hinbest
Dory Strikwerda
Ron Hooper
Sajith Gnanasikhamani (Kevin) - Late
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Municipality of Clarington Page 3
Report LGS-012-24
2. Clarington Active Transportation and Safe Roads Advisory
Committee
Background
2.1 The Clarington Active Transportation and Safe Roads Advisory Committee advise
Council on matters related to active transportation, trails, cycling networks, pe destrian
connectivity, and transportation safety. The Committee will also provide input into the
implementation of The Clarington Transportation Master Plan and encourage, promote ,
and participate in the planning of active transportation policies, programs , and facilities.
2.2 The Committee is comprised of 10 citizen members and 1 Member of Council.
Current Situation
2.3 The Clerk’s Division received notification of resignation from Brad Jakobsen, who was
appointed to the Clarington Active Transportation and Safe Roads Advisory Committee
in January 2023, for a term ending December 31, 2026, or until a successor is
appointed.
2.4 Currently, the Committee has 9 voting members, therefore Committee may appoint 1
citizen member for a term ending December 31, 2026, or until a successor is appointed.
2.5 All members must be residents of the Municipality of Clarington and represent active
transportation methods in the Community such as cycling, hiking, running, and seniors.
2.6 The following have put forward an application for consideration:
Deborah Doiron
Demetris Astritis
Joshua Glover
Pranay Gunti
Pankaj Panchal - Late
3. Diversity Advisory Committee
Background
3.1 Clarington’s Diversity Advisory Committee is an advisory body that provides advice,
comments, and recommendations to Council and municipal Staff on issues affecting
diversity in our community. The Committee strives toward a safe, welcoming, and
inclusive Clarington, where differences are celebrated, and the voices of all peoples are
heard. The Diversity Advisory Committee engages Clarington residents to educate and
raise awareness by celebrating our community’s differences and strengths thro ugh
outreach activities.
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Municipality of Clarington Page 4
Report LGS-012-24
3.2 The Committee is comprised of 10 voting members, including two youth (ages 16 to 24)
and 1 Member of Council.
3.3 Members appointed to this Committee shall be residents of the Municipality of
Clarington and represent a broad range of under-served and equity-seeking groups
such as, but not limited to Indigenous Peoples; racialized people; Two Spirit, Lesbian,
Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, Asexual, and
additional ways in which people choose to identify; people of diverse ethnic or cultural
origin; newcomers, or new Canadians (2SLGBTQQIA+).
Current Situation
3.4 The Clerk’s Division received notification of resignation s from Meera MacDonald and
Yasmin Shafi, who were appointed in December 2020, to the Diversity Advisory
Committee for a term ending December 31, 2024, or until a successor is appointed.
3.5 The Clerk’s Division also received notification of resignation from Andaleeb Shafi, who
was appointed to the Committee in January 2023, for a term ending December 31,
2026, or until a successor is appointed.
3.6 Currently, the Committee has 7 voting members, therefore Committee may appoint 3
citizen members for a term ending December 31, 2024, or until a successor is
appointed.
3.7 The following have put forward an application for consideration:
Bangulanyi Ntaisi
Beverley Neblett
Ievgeniia Mangones
Oneilia Miller-Sarjue
Rochelle Thomas
Sofia Ahmed
Vincent Wong
Pankaj Panchal - Late
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Municipality of Clarington Page 5
Report LGS-012-24
4. Newcastle Village Community Hall Board
Background
4.1 The Newcastle Village Community Hall Board oversees and manages the operation of
the Newcastle Village Community Hall, which is located at 20 King St. W., Newcastle.
4.2 The Board is comprised of 5 citizen members and 1 Member of Council. Three of the
members are appointed by Council and two members are elected by the Village of
Newcastle residents.
Current Situation
4.3 The Clerk’s Division received notification of resignation from Sharon Grant-Young, who
was appointed to the Newcastle Village Community Hall Board in January 2023, for a
term ending December 31, 2024, or until a successor is appointed.
4.4 Currently, the Board has 4 members, therefore Committee may appoint 1 citizen
member (of the three Council-appointed members) for a term ending December 31,
2024, or until a successor is appointed.
4.5 Staff received one application; however, they do not live within the Village of Newcastle.
They do not meet the requirement of being a Village of Newcastle resident (as outlined
in By-law 2014-094). Therefore, Staff will re-advertise for the vacancy.
5. Tyrone Hall Board
5.1 The Tyrone Hall Board's terms of reference state "the Board shall be appointed by
Council and shall be comprised of one member of Council and an appropriate number
of Directors to maintain the operations of the facility, being no less than three
community members".
5.2 At the January 9, 2023, General Government Committee meeting, Committee appointed
Councillor Traill as the Council Representative to the Tyrone Hall Board.
5.3 The Board has provided their board of management, for appointment as follows:
Danielle Carroll
Crystal Ovenden
Kyle Young
Greg Carroll
Larry Quinney
Alechia Thomas
Jacquie MacEachern
Brain Glaspell
Nancy Johnson
Dianne Woodley
Alivna Hare
Dave Taylor
Marlene Wotten
Marlene Craig
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Municipality of Clarington Page 6
Report LGS-012-24
Paul Rowan
Lyndsay Luckhardt
Petra Billings
Jessi Henshaw
Karen Henshaw
Nikki Gibbs
Joan Wilton
6. Clarington Task Force on Affordable Housing
6.1 The Clerk’s Division received notification of the resignation from Henry Wildboer, Nakul
Roy, and Mary Taylor who were appointed to the Clarington Task Force on Affordable
Housing Committee in January 2023, for a term ending December 31, 2026, or until a
successor is appointed.
6.2 The Clerk’s Division advertised for the three vacancies arising from the above -noted
resignations, however, since then, Staff have recommended discontinuation of the Task
Force (Recommendation 3 of Report LGS-011-24). Therefore, depending on the
decision of Council on Recommendation 3 of Report LGS-011-24, Staff will notify the
applicants of the decision to discontinue the Task Force.
7. Advertising and Applications
7.1 The Municipal Clerk’s Division placed an advertisement in local papers and on the
Municipality’s website, www.clarington.net/Committees, to fill the vacancy on the above-
noted Committees.
7.2 In an effort to extend the reach of our advertisements for vacancies, the Clerk’s Division
has created a profile on the www.claringtonvolunteers.ca website. Vacancies on the
above-noted Committees were listed on the Clarington Volunteers website.
7.3 In accordance with the “Appointment to Boards and Committees Policy”, a confidential
application package has been attached, as Attachment 1 to 4.
8. Financial Considerations
Not applicable.
9. Strategic Plan
Not applicable.
10. Concurrence
Not Applicable.
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Municipality of Clarington Page 7
Report LGS-012-24
11. Conclusion
It is respectfully recommended that Committee consider the vote to make the
appointments to the Bowmanville Santa Claus Parade Committee, Clarington Active
Transportation and Safe Roads Advisory Committee, and Diversity Advisory Committee.
Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or
LTurcotte@clarington.net.
Attachments:
Attachment 1 – Bowmanville Santa Claus Parade Committee Confidential Application Package
Attachment 2 – Clarington Active Transportation and Safe Roads Advisory Committee
Confidential Application Package
Attachment 3 – Clarington Diversity Advisory Committee Confidential Application Package
Interested Parties:
The following interested parties will be notified of Council's decision:
All Applicants
Bowmanville Santa Claus Parade Committee
Clarington Active Transportation and Safe Roads Advisory Committee
Diversity Advisory Committee
Newcastle Village Community Hall Board
Page 316
February 22nd, 2023
Re: D2021 – 43 – Request for Extension of Noise bylaw Exemption
To Clerk,
Please note Technicore would like to submit this letter in order once more request a further extension on
this noise bylaw exemption that was previously approved up to March 17th, 2024 for Durham Project #
D2021-43 along Trulls Road.
On this project there is a total of 3 tunnel drives or lengths to be completed (900m, 300m and 425m).
Due to damages sustained during excavation of the first tunnel drive (completed in December 2023), the
MTBM had to be brought back to our shop for refurbishment. This lead to a delay in setting up and
mining start. As of this week, we have started mining and intend to start working 24 hours this coming
February 26th, 2024.
Current estimates show completion of this next tunnel drive of 300m by March 20th, 2024. Projecting
forward, we anticipate extracting the MTBM, complete a visual inspection and if no repairs needed , start
working on the final tunnel drive (425m) by beginning of April and ending in June 2024.
Ultimately, I’d like to request that this noise bylaw exemption be extended to July 30th, 2024 with the
understanding we would like to continue working two shifts to reduce the project’s construction timelines
and add a buffer in case of unforeseen delays.
Regards,
Borislav Pelev
Project Manager
C.416-358-8397
102 Bales Drive East, P.O. Box 93089
Newmarket, On., L3Y 8K3
102 Bales Drive East, P.O. Box 93089, Newmarket, Ontario L3Y 8K3
Tel: 905-898-4889 Fax: 905-898-2822 Page 317
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: February 5, 2024
MOVED BY Mayor Foster
SECONDED BY Councillor
Whereas current provincial-municipal fiscal arrangements are undermining
Ontario’s economic prosperity and quality of life;
And whereas nearly a third of municipal spending in Ontario is for services in
areas of provincial responsibility and expenditures are outp acing provincial
contributions by nearly $4 billion a year;
And whereas municipal revenues, such as property taxes, do not grow with the
economy or inflation;
And whereas unprecedented population and housing growth will require
significant investments in municipal infrastructure;
And whereas municipalities are being asked to take on complex health and social
challenges – like homelessness, supporting asylum seekers and addressing the
mental health and addictions crises;
And whereas inflation, rising interest rates, and provincial policy decisions are
sharply constraining municipal fiscal capacity;
And whereas property taxpayers – including people on fixed incomes and small
businesses – can’t afford to subsidize income re-distribution programs for those
most in need;
And whereas the province can, and should, invest more in the prosperity of
communities;
And whereas municipalities and the provincial government have a strong history
of collaboration;
Now therefore be it resolved that the Municipality of Clarington requests that the
Province of Ontario commit to undertaking, with the Association of Municipalities
of Ontario (AMO), a comprehensive social and economic prosperity review to
promote the stability and sustainability of municipal finances across Ontario ; and
That a copy of this resolution be forwarded to the Premier of Ontario, the Minister
of Municipal Affairs and Housing, local MPPs, AMO and the Municipal Finance
Officers’ Association of Ontario (MFOA).
Page 318
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: February 5, 2024
MOVED BY Mayor Foster
SECONDED BY Councillor
That the Municipal Clerk be directed to prepare a report for possible wording
changes to the Procedural By-law, as follows:
1. Require all requests for delegations to be accompanied by a written
submission, to be included in the Agenda, outlining their subject, their
address, their reason for delegating, their desired action requested of
Council, and any supporting documentation.
2. For matters which are more properly within the responsibility of staff, the
Clerk shall notify the proposed delegate that the delegation shall not be
listed on the agenda and shall direct the proposed delegate to the
appropriate department. The delegation shall not be listed on an agenda
until staff has had the opportunity to address the matter.
3. Not allow delegations who are there for the sole purpose of generating
publicity for an event.
4. Not allow candidates, or nominees, for a political party.
5. Regarding decorum, add the following clause as follows:
a. “No person shall make detrimental comments, or speak ill of, or
malign the integrity of staff, the public or Council and Committee.”
b. Members of the public shall be respectful of Council, staff,
delegations and all attendees at the meeting by refraining from
public outbursts, heckling, shouting, making comments, or
behaviour intended to disrupt the debate, discussion and/or general
proceedings.
c. Attendees shall not engage in conversations, display placards or
props.
6. Change the time limit for delegations from ten minutes to five minutes,
with a single extension of two minutes (as the exception only) by majority
vote. Should there be more than one individual that registers to speak as a
group, the group shall be allotted up to ten minutes to delegate.
Page 319
From: Libby Racansky <libbyrac@gmail.com>
Sent: Friday, March 1, 2024 12:21 PM
To: Turcotte, Lindsey <LTurcotte@clarington.net>
Cc: Salazar, Carlos <csalazar@clarington.net>; Backus, Lisa
<lbackus@clarington.net>; Richardson, Karen <KRichardson@clarington.net>; Brake,
Stephen <SBrake@clarington.net>; Zambri, Nicole <NZambri@clarington.net>; Chris
Jones <cjones@cloca.com>
Subject: Be informed on items on the Agenda and 1 request to be put on Agenda as
comments to 9..2.
EXTERNAL
Hello,
Can my comments be put on the Agenda on item 9.2 Changes in By-law, please?
9.2 Request for Report to Change Procedural By-law Regarding Delegations (Mayor
Foster)
To point 1. Not all people have time to write their delegation, especially elderly, working
people, etc. Many residents find out about the area/issue at the last minutes/timing of
the meeting.
To point 2. Let staff decide if the subject requested by the person/s be put on Agenda.
Good point, but I myselves was trying to put very important issu es that Council was
aware about, to be put on Agenda. For example: Provincial Climate change study.
Council received this very alarming info obtained by Freedom of Information, but I don't
even think that Councel read it. Inspiter of tough provincial requirements, By-laws,
etc., I am sure that you could obtain, if our knowledgeable staff or CLOCA is asked to
advise Council, bare minimum how to act/do in reality, what could be done to avoid very
unpleasant impacts on Agriculture and nature. There are very f ew farms left and I am
sure that they could need help. Did the Council read this study?
To point 5. a. ...detrimental comments to spesak of staff, Council...
Usually people, including myself, are trying to comment on studies done by developers
during their delegation and what effects will these studies/developers' suggestions have
on their properties, their lives and safety. That is what the Public meeting is designed to
be for, from my 40 years experience.
What would you do, if a developer would do something to your own land/esp. a very
sensitive one like Courtice north is? Many people cry, or are expressing themselves by
not addressing their issues, with no mitigation that should be required by Council from
developer who doesn't even know what watershed he is working at - literally. Fences
that would protect private properties should erected, but they are not, etc. All is in EIS
studies.
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You have to be more considered. Councillor Woo at the meeting on Bowmanville Creek
highrises showed that compassion towards one older lady. This explain point 5 b.
That is why we have:
The Canadian Charter or Rights and Freedoms is the equivalent to our Bill of
Rights. Both guarantee the right to freedom of speech
Section 2(b) – Freedom of expression
Provision
2. Everyone has the following fundamental freedoms:
b. freedom of thought, belief, opinion and expression, including freedom of
the press and other media of communication.
Freedom of expression includes more than the right to express beliefs and
opinions. It protects both speakers and listeners.
THIS IS JUST COPIED SUMMARY.
Point 6. Change the time limit for delegations from ten minutes to five minutes, with a
single extension of two minutes (as the exception only) by majority vote.
This is completely unfair. Studies people are commenting contain 100 or more pages.
How can you comment on such documents in 5 minutes? That is why the Region
doesn't have too many public delegations. I was hoping that our Council learned from
this situation.
In general, the public is the last one to learn of their own property impacts. This would
not be a democratic process.
Thank you,
Libby Racansky
3200 Hancock Rd.
Courtice, L1E 2M1
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MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: March 4, 2024
MOVED BY Councillor
SECONDED BY Councillor
That Council approves the Clarington Diversity Advisory
Committee’s recommendation, in their February 2, 2024 minutes,
regarding the Oath of Office for Members of Council;
That Council calls upon the Province of Ontario to make changes to
the Oath of Office to include indigenous and treaty rights by
changing the oath of office to the following, which has been
endorsed by many Ontario municipalities:
"I will be faithful and bear true allegiance to His Majesty King
Charles III and I will faithfully observe the laws of Canada
including the Constitution, which recognizes and affirms the
Indigenous and treaty rights of First Nations, Inuit and Metis
peoples."
That this resolution be forwarded to the Premier of Ontario, the
Minister of Municipal Affairs and Housing, the local MPPs, the
Durham Area Municipalities, the Clarington Diversity Committee,
and any other interested parties.
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