HomeMy WebLinkAbout2024-04-08Clar*wn
General Government Committee
Post-MeetingAgenda
Date: April 8, 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 Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iatenaude@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of
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.
General Government Committee Agenda
April 8, 2024
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 Lynn Jeffs, Ambassador, Gems for Gems, Regarding
4
Report PUB-008-24 Hope's Cradle Referral
5.2
Presentation from Jennifer Hess, Manager, Investment Services, and
13
Keith Taylor, Chief Investment Officer, ONE Investment, Regarding
Report FSD-015-24 Adoption of Prudent Investor Standard and
Agreement with ONE JIB
5.3
Presentation from Rob Maciver, Deputy CAO/Solicitor, Regarding Report
29
LGS-016-24 Site Alteration By-law Update
6. Consent Agenda
6.1
FSD-011-24 - 2023 Annual Statement of Cash -in -Lieu of Parkland
39
6.2
FSD-012-24 - 2023 Annual Building Permit Fees Report
44
6.3
FSD-013-24 - 2023 Annual Statement of Development Charges Reserve
48
Funds
6.4
FSD-014-24 - 2023 Investments Annual Report
58
6.5
FSD-015-24 - Adoption of Prudent Investor Standard and Agreement
72
with ONE JIB
6.6
FSD-016-24 - Project Management Services - Operations Depot, Fire
206
Station and Fire Training Facility
6.7
FSD-017-24 - Veteran's Square and Courtyard Revitalization
212
*6.8
LGS-014-24 - Clarington's 2024-2027 IDEA Strategy
216
Page 2
General Government Committee Agenda
April 8, 2024
7.
0
0
10
11
6.9 LGS-015-24 - 2024-2028 Multi -Year Accessibility Plan
6.10 LGS-016-24 - Site Alteration By-law Update
6.11 PUB-007-24 - Traffic and Parking Bylaw Amendment - Speed Limit
Reduction in School Zones
*6.12 CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community
Items for Separate Discussion
7.1 PUB-009-24 - Orono Town Hall 125th Anniversary — Funding Request
Unfinished Business
8.1 PUB-008-24 - Hopes Cradle Referral
(Referred from the March 4, 2024, General Government Committee)
New Business
9.1 Homelessness Crisis (Councillor Rang)
Confidential Items
*10.1 Ontario Power Generation Host Community Agreement
Adjournment
234
249
276
PIROYI
357
362
Page 3
From:
no-re0y(c clarinaton.net
To:
ClerksExternalEmail
Subject:
New Delegation Request from Jeffs
Date:
Wednesday, April 3, 2024 9:16:20 AM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
• Subject
Hope's Cradle Clarington
• Action requested of Council
Open the existing cradle
• Date of meeting
4/8/2024
• Brief summary of the issue or purpose of your delegation.
To address the issues raised in last month's meeting concerning the
opening of the existing Hope's Cradle at Fire Station #1 in
Bowmanville.
• Have you been in contact with staff or a member of Council
regarding your matter of interest?
No
• Will you be attending this meeting in person or online?
In person
• First name:
Lynn
• Single/Last name
Jeffs
• How to pronounce your name:
Lynn Jeffs
• Firm/Organization (if applicable)
Gems for Gems Hope's Cradle
Page 4
Job title (if applicable)
Ambassador
. Address
• Town/Hamlet
Newcastle
• Postal code
L113 OA1
. Email address:
. Phone number
• Do you plan to submit correspondence related to this matter?
Yes
• Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to the
Municipal Clerk's Department by 2 p.m. on the Friday prior to
the meeting date.
Yes
• I acknowledge that the Procedural By-law Permits 10 minutes
for delegations.
Yes
[This is an automated email notification -- please do not respond]
Page 5
Page 6
HOPE'S CRADLE
A GEMS FOR GEMS INITIATIVE TO SUPPORT THE
® SAFE SURRENDER OF INFANTS
OOPEN
THE DOOR TO HOPE'S CRADLE
OPLACE
YOUR BABY INSIDE
3
THE INNER DOOR WILL BE OPENED
SHORTLY AFTER YOU HEAR THE ALARM
THE ENVELOPE INSIDE IS YOURS.
PLEASE TAKE IT WITH YOU
Clarington Cradle
Outside/Inside
HopgWVadle
2024
Where we're at...
• Gems and Fire Station built the Cradle in May 2023; it is currently operational and open
• Had an infant been placed in the Cradle during those 11 months — we would have enacted the
right process to safe him/her
• Prior to the official opening, the Fire Department met with the other agencies who may be
impacted by the operation of the cradle to obtain MOU's
• No other Hope's Cradle in Canada have gone through this process — installed and opened
• Last month Durham CAS and the DRPS put letters before Council along with a motion by Dave
Speed that the Hope's Cradle not be pursued
• GEMS asked for an extension on the vote since we were informed only a couple days prior to
that meeting
s HopUVVadle 2024
Addressing their Concerns
• "Only 2 babies" (dead ones) — Ontario Coroner's Office
Durham CAS • Open Adoptions —option for the mother to provide heritage
• FNMI Family Services fully supportive
• Babies can be surrendered at hospitals — really?
DRPS • If there is evidence of a crime — Investigate it!
• Coercion/Human Trafficking — support in Cradle, EMS available
4 H 4PEP9tr9 d l e 2024
Ch*ildren's Welfare
• Jorden Johlens — Program Supervisor for the Ministry of Children and Social
Services
"Not a Provincial matter" and doesn't understand why Durham CAS would
have any issue with the cradle
• Steve Woodman — Executive Director of Durham CAS
"Please do not hesitate to contact us should an infant be placed within
Hope's Cradle."
5 Hope rd adIe
What Now?
• By leaving the Cradle open we give Women a real choice — a safe one that results in
a live baby
• Both Mothers and their babies are supported by Hope's Cradle
• Hope's Cradle is not illegal — MOU's & permission by any other agency are not
required
• CAS has absolutely no authority over the Hope's Cradle
• Clarington has been supportive to date, but a decision not to pursue will ultimately
reflect badly on us
• Council has the authority and should demand the official opening of the Hope's
Cradle in Clarington immediately
6 H oFNEOald l e 2024
HoF@9(0-,%le 2024
O�f
INVESTMENT
I N V E S T M E N T
Prudent Investment
Municipality of Clarington
April 8, 2024
Page 13
ONE
INVESTMENT
Agenda
➢ Who is ONE Investment?
➢ Who is the ONE Joint Investment Board?
➢ Overview of ONE Prudent Investment OCIO Model
Page 14
ONE
INVESTMENT
Who is ONE INVESTMENT?
Page 15
ONE
INVESTMENT
ONE Investment Overview
y A not -for -profit organization dedicated to serving the investment needs of the
municipal sector
y Manages $3.2 Billion in portfolio holdings as of February 2024
y Established in 1993 and jointly operated by not -for -profits:
AMO
Business
• Local Authority Services LAS � Services
• CH U MS (a subsidiary of MFO,CHUM
NANCING CORPORAT,� „
Oversight provided by municipalities and investment industry experts
� 176 Ontario municipalities invest through ONE `
Page 16
ONT
NVESTM Municipal Clients
Population # Ontario # ONE % of Ontario Prudent
k I Municipalities Investment Municipalities Investment
Clients Municipalities
Under 5,000
186
55
30%
1
5,000 to 24,999
160
67
42 %
4
25,000 to 49,999
31
17
55%
2
50,000 to 99,999
28
12
43%
2
Over 100,000
39
25
64%
2
Total
444
176
40%
11
The Mli unicipaty of Clarington has invested with ONE for 20 years.
Page 17
ONE
INVESTMENT
ONE Investment - Benefits
➢ Professional Fund Management
➢ Diversification
➢ Investment Flexibility & Liquidity
➢ Performance Reporting
➢ Investment Oversight
➢ Regulatory Compliance Guarantee
Page 18
ONE
INVESTMENT
Governance
➢ ONE Investment's activities are governed by the ONE
Investment Board, which oversees policy, financial decisions
and general administrative functions.
• 9 municipal representatives and 1 industry expert
➢ Legal List activities are governed by the ONE Investment
Board
➢ Additional oversight provided by
Peer Advisory Committee (PAC) -comprised of municipal
representatives
Investment Advisory Committee (lAC) -comprised of investment
sector experts and legal representatives
Audit Committee Page 19
ONE
INVESTMENT
Investment Legislation and Regulation
ONE Investment provides
programs (portfolios &
funds) that assist
municipalities with
investing per the Municipal
Act (both Legal List and
Prudent Investor)
Legal list
S. 418
O. Reg.
438/97 Pt
Municipal i
Act
�
Page 20
Prudent
Investor
S. 418.1
O. Reg.
438/97 Pt II
ONE JIB Board
established by
ONE Investment to
allow municipalities
to access to the
Prudent Investment
option (if desired)
ONE
INVESTMENT
Who is ONE JOINT INVESTMENT
BOARD? (ONE JIB)
Page 21
ONE
INVESTMENT
Prudent Investing - ONE JIB
➢ ONE JIB is a
Municipal Act
Municipal Services Board, and operates according to Me
• ONE JIB Board - includes 7 Finance Industry Professionals and 2 municipal
treasurers
• Board structure is governed by the Municipal Act (only 25% of Board can be
Municipal Treasurers)
➢ ONE JIB was established in 2020 with 6 founding municipalities; currently
11 municipalities belong to the JIB
Municipal population ranges from 2,000 to 136,000
Total assets under management = $680 million
Investment is the agent of the ONE J I B
Page 22
0�
INVES'
• Adopt by-laws to join ONE JIB and
move to Prudent Investing
• Execute the ONE JIB Agreement
• Adopt the Investment Policy
Statement and update annually
• Determine Money Not Required
Immediately (MNRI)
• Keep ONE Informed via Municipal
Client Questionnaire (MCQ)
• Report annually to Council on
Investment Results
• Continue to manage Money
;d Immediately (MRI) under
ist
• Operates as a Municipal Services
Board with full clerical functions
• Define investment beliefs and
principles
• Provide advice on asset allocation
• Approve Municipal Investment Plan
to meet municipal IPS objectives
Page 23
• Assist in the transition plan
• Advise on investments within
parameters
• Implement the approved
Investment Plan
• Provide reporting
• Define and manage business
parameters
• Support for municipal staff
• Support ONE JIB with research,
scheduling, etc.
ONE
INVESTMENT
ONE INVESTMENT OCIO Model
Page 24
r12
ONE
INVESTMENT
ONE Investment ocio Provider
Phillips, Hager &North (PH&N)
➢ Selected as OCIO provider
through an RFP process in 2023
➢ PH&N manages 98 Canadian
OCIO clients with over $24.5 B in
assets under management
➢ Experience includes
municipalities in British Columbia,
through the Municipal Finance
Authority of BC program
Page 25
ccountability
➢The responsibilities for ONE
J I B as per the Municipal Act
remain unchanged
➢The OCIO is a sub -
investment manager to ONE.
3P.nefifis nt OCIC
OCIO will offer more
investment options for
participating municipalities
and opportunities to
address unique
needs/circumstances.
PH&N can offer over 30
investment products for
consideration in the
municipal investment
plans; currently ONE
Investment has 5.
N
*iffl[el'TiTiC'
Scalability - the
OCIO model will
allow the ONE JIB to
grow to 50+
municipalities
Am
elite
Strong industry
experience - PH&N
will work in
collaboration with
ONE Investment staff
Investment Plans -
will continue to be
tailored to match
specific municipal
needs
Operational Capacity
—many functions
managed by PH&N,
increasing internal
capacity
Existing ONE JIB
Prudent Investment
Municipalities will be
transitioned in 2025.
ONE
INVESTMENT
Quest'ions?
Page 28
Site Alteration By-law Update
F 4��
r
April 8, 2024
Clar.. # ss2tOR
Purpose of the Site Alteration By-law
• To regulate the movement of soils and fill
• To protect the environment
• To protect human health and safety
• To protect drainage
• To protect Municipal infrastructure
• To protect property
• To mitigate impacts
Page 30 CjffftWR
Legislative Background
• A local municipality is authorized to regulation site alteration pursuant to
section 142 of the Municipal Act, 2001
• Current Site Alteration By-law 2008-114 was enacted on June 23, 2008,
and amended on March 26, 2012
• O. Reg. 406/19 On -Site and Excess Soil Management (EPA)
Page 31 ciffftwn
Public Consultation
• Notice to the public was provided beginning on December 15, 2023
• Social media
• Dedicated webpage
• Orono Weekly Times
• Durham Region News
• Public Information Centre hosted on January 25, 2024
Page 32 Ciff*MR
Public Consultation
• Input received
• Need for close monitoring
• Adjustment to fees
• Adequacy of monetary fines
• Need for unbiased Qualified Person to certify soil quality
• Attention to haul routes and schedules
• Need for mitigation measures to reduce impacts
• Limited exemptions
• Inspection regime
Page 33 Offftwn
Overview of Proposed Changes
General
• Improved definitions
• Inclusion of requirements of O. Reg. 406/19
Prohibitions
• Clearly establish the permit requirement
• Minor changes providing staff more control
regarding the source site
• Limits on temporary fill storage
Exemptions
• Cease automatic exemptions for building permit
Page 34 ciffftwn
Overview of Proposed Changes
Permits
• Enhanced application requirements and owner
responsibilities
• Maintenance requirements of the impacted site
• Requirement for a Qualified Person (QP) to manage
the site alteration works
• Limited ability to permit importation from outside
Clarington
Permit Fees
• Increased permit fees
• Increased tipping fees
Page 35 ciffftwn
Overview of Proposed Changes
Enforcement
• Maximum permissible monetary fines
• Addition of set fines
Page 36 Cfff*MR
Public Awareness
Communications
• Public education
• Inclusion of site alteration in MLE communications plan
• Reporting "Hotline"
• Consistent enforcement
Page 37 Ciff*MR
Thank you
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1 C 3A6
905-623-3379
Toll Free: 1-800-563-1195
TTY: 1-844-790-1599
info@clarington.net
www.clarington.net
larington
I
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Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: FSD-011-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored By:
File Number:
Mary -Anne Dempster, CAO By-law Number:
Michelle Pick, Accounting Services Manager/Deputy Treasurer
Resolution#:
Report Subject: 2023 Annual Statement of Cash -in -Lieu of Parkland
Recommendation:
1. That Report FSD-011-24, and any related delegations or communication items, be
received for information.
Page 39
Municipality of Clarington
Report FSD-011-24
Report Overview
Page 2
This report complies with amendments to the Planning Act, 1990 which became effective in
2016. The Smart Growth for Our Communities Act, 2015 requires reporting on Section 37
(Increased Density) and Section 42 (Conveyance of land for park purposes). On June 6,
2019, the More Homes, More Choice Act, 2019 received Royal Assent. This Act contained
changes to the Development Charges Act and the Planning Act and included the
introduction of the new community benefits charge. In November 2022, the Ontario
Government passed the More Homes Built Faster Act, 2022 to increase housing supply and
provide attainable housing with significant impacts on Parkland. This report discloses the
annual activity in the Cash -in -Lieu of Parkland Reserve Fund for 2023. There is nothing to
report for increased density funds or a community benefits charge, at this time.
1. Background
1.1 In accordance with Section 37 (Increased Density) and Section 42 (Cash -in -Lieu of
Parkland) of the Planning Act, the Treasurer must provide a financial statement
including opening and closing balances to Council relating to cash -in -lieu of parkland
monies and increased density funding. This statement must be made available to the
public.
2. Section 42 - Conveyance of land for park purposes
2.1 Under Section 42 of the Planning Act, a municipality may require, as a condition of
development, that land be conveyed to the municipality for park or other public
recreational purposes. In certain circumstances, Council may require a payment in lieu
of land dedication, to the value of the land otherwise required to be conveyed.
2.2 These funds must be held in a special account (Reserve Fund), allocated interest and
spent only for the acquisition of land to be used for park or other recreational purposes,
including the erection, improvement or repair of buildings and the acquisition of
machinery, particular to park purposes.
2.3 Attachment #1 details the Statement of the Treasurer, in compliance with the Act and
provides the expected future commitments for the reserve fund.
3. Section 37 — Increased Density
3.1 Clarington does not currently have a program set up for Section 37 Community
Benefits; therefore, an annual statement is not required. The current Official Plan
includes Community Benefits policies (Section 23.14 of the OP). Staff will evaluate
Page 40
Municipality of Clarington
Report FSD-011-24
Page 3
these policies as part of the next Official Plan review against recent changes to the
Planning Act and as part of the 2024 review of the Development Charges Study.
4. Impact of More Homes Built Faster Act, 2022 on Parkland
Dedication
4.1 Highlights of the impacts of the More Homes Built Faster Act, 2022 on parkland
dedication are outlined below:
Reduction of alternative parkland dedication rates by half (from 1 ha per 300
dwelling units to 1 ha per 600 dwelling units where parkland is conveyed or from 1
ha per 500 dwelling units to 1 per 1000 dwelling units for cash -in -lieu contributions)
and introduction of a maximum parkland/cash-in-lieu cap for residential
development.
Parkland dedication rates frozen as of the date a zoning by-law or site plan
application is filed and maintains the freeze for up to two years following approval.
• Allows landowners to identify the land they intend to provide for parkland, including
allowing for encumbered parkland/strata parks, and privately owned publicly
accessible parks, and introduces a new avenue of appeal to the Ontario Land
Tribunal if there is a disagreement about the parkland being provided.
Reduction or exemption of parkland dedication requirements for affordable housing,
attainable housing, and housing developed through an inclusionary zoning program.
5. Financial Considerations
Not Applicable.
6. Strategic Plan
Though not directly related to the specific priorities or actions set out in the Clarington
Strategic Plan 2024-27, the recommendations in this report contribute more broadly to
the following expected results: Finances and operations are efficiently and responsibly
managed.
7. Concurrence
Not Applicable.
Page 41
Municipality of Clarington
Report FSD-011-24
8. Conclusion
Page 4
It is respectfully recommended that this report, as required by Section 42 of the
Planning Act, 1990 be received for information and be made available to the public by
posting on the Municipality's website.
Staff Contact: Michelle Pick, Accounting Services Manager/Deputy Treasurer, 905-623-3379
ext. 2605 or mpick(c).clarington.net .
Attachments:
Attachment 1 — Cash -In -Lieu of Parkland Reserve Fund as at December 31, 2023
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 42
Attachment 1 to Report FSD-011-24
Municipality of Clarington
Cash -in -lieu of Parkland Reserve Fund
For the Year Ended December 31, 2023
Balance as of December 31, 2022
6,874,492
Plus:
2023 Cash -in -lieu Collected
1,219,155
2023 Reserve Fund Interest
155,530
2023 Amount Transferred from Capital Fund — Land
Acquisition
-
Less:
2023 Amount Transferred to Capital Fund — Land Acquisition
Costs
-
Refund of Residential Parkland Fees
76,000
Closing Balance as of December 31, 2023
8,173,177
Committed Amounts
4,903,900
Available Balance as at December 31, 2023
3,269,277
Municipality of Clarington
Cash -in -lieu of Parkland Reserve Fund — Committed Amounts
For the Year Ended December 31, 2023
Amount
Project Description
Period
Committed
Ward 3 — Park development/acquisition — East
Bowmanville
2025-2030
4,903,900
Total Commitments
4,903,900
Page 43
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-012-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
File Number:
Mary -Anne Dempster, CAO Resolution #:
Michelle Pick, Accounting Services Manager, Deputy Treasurer
By-law #:
Report Subject: 2023 Annual Building Permit Fees Report
Recommendation:
1. That Report FSD-012-24 be received for information.
Page 44
Municipality of Clarington
Report FSD-012-24
Report Overview
Page 2
This report is prepared as required by the Building Code Act reporting requirements for
Building Permit Fees. There was no 2023 adjustment required to the building fees beyond
the normal increase approved through By-law 2017-086.
In 2024, the Building Permit Fee Study was updated, and Bylaw 2017-086 was repealed and
replaced with By-law 2024-006.
1. Background
1.1 Under the Building Code Act, 1992 and the passing of subsequent amendments and
Ontario Regulation 350/06, municipalities are required to prepare an annual report that
records the amount of building permit fees collected and the costs incurred during the
process.
1.2 In accordance with the Building Code Act, 1992 as amended, staff have prepared this
report to Council with the required content on an informational basis and this report and
the related attachment will be posted on the Municipality's website.
1.3 A Building Permit Fee Update Study was completed in September 2017 by Hemson
Consulting Ltd. The reviews are to be completed every five (5) years to ensure that the
building permit fees are in line with the cost of building inspections and that all
appropriate direct and indirect costs are being allocated.
1.4 An updated Building Permit Fee Update Study was completed in 2024, with an effective
date of March 1, 2024.
1.5 In 2023, building permits issued generated total building permit revenue of $2,149,337
(2022 - $1,967,075), with total direct and overhead costs of $3,485,770 (2022 -
$2,282,081), creating a deficit of $1,336,433 (2022 — deficit of $315,006) after reducing
the total revenue by the direct and indirect expenses as outlined on Attachment 1.
1.6 As the building permit funds are to be segregated from the general funds of the
Municipality, the deficit of $1,336,433 was transferred from the Building Division
Reserve Fund leaving the surplus/deficit for December 31, 2023, as nil. As of December
31, 2023, the reserve fund had approximately $0.4 million. These funds are restricted to
building permit services related uses.
2. Financial Considerations
Not Applicable.
Page 45
Municipality of Clarington
Report FSD-012-24
3. Strategic Plan
Page 3
Though not directly related to the specific priorities or actions set out in the Clarington
Strategic Plan 2024-27, the recommendations in Report FSD-012-24 contribute more
broadly to the following expected results: Finances and operations are efficiently and
responsibly managed.
4. Concurrence
This report has been reviewed by the Deputy CAO of Planning and Infrastructure
Services who concurs with the recommendation.
5. Conclusion
It is respectfully recommended that Council receive this report.
Staff Contact: Michelle Pick, Accounting Services Manager / Deputy Treasurer, 905-623-3379
ext. 2605 or mpick@clarington.net.
Attachments:
Attachment 1 — 2023 Annual Building Permit Fees Report
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 46
Municipality of Clarington
Building Permit Fee Report
December 31, 2023
Buildina Permit Fees Revenue
Transfer from Reserve Fund
Total Revenue
Direct costs (Note 1
Payrol
Office Space
Other Operating and Capital Costs
Subtotal Direct Costs
Overhead Costs (Note 2)
Total Costs
Revenue (Under) / Over Expenditures
Attachment #1 to
Report FSD-012-24
2.149.337
1.336.433
2,863,801
101,000
163,293
$ 3,128,094
357,676
$ 3,485,770
Note 1 - Direct costs are deemed to include the costs of the Building
Division for the processing of building permit applications, the review of
building plans, conducting inspections and building -related enforcement
duties. Direct costs also include costs from Public Works, Legislative
Services, Fire and Emergency Services and Planning and Infrastructure
Services which can be directly attributed to the building permit function.
Note 2 - Overhead or Indirect costs are deemed to include the costs for
support and overhead services to the Building Division.
Page 47
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-013-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
File Number:
Mary -Anne Dempster, CAO Resolution #:
Michelle Pick, Accounting Services Manager/Deputy Treasurer
By-law #:
Report Subject: 2023 Annual Statement of Development Charges Reserve Funds
Recommendation:
1. That Report FSD-013-24, and any related delegations or communication items, be
received for information.
Municipality of Clarington
Report FSD-013-24
Report Overview
Page 2
This report complies with the reporting requirements of Section 43 of the Development
Charges Act, 1997 to disclose the annual activity in the Development Charges Reserve
Funds for 2023.
1. Background
1.1 In accordance with the Development Charges Act, 1997, Schedule A attached shows
the activity in the Development Charges Reserve Funds for the year ended December
31, 2023, including opening and closing balances. The transfers and amalgamations of
certain DC reserve funds, as outlined in report FSD-009-23, are reflected in Schedule A
1.2 Schedule B attached shows capital projects which were funded for the year ended
December 31, 2023 with development charges. The table shows the total expenses,
development charge financing and non -development charge financing.
1.3 Schedule C attached shows operating expenses which were funded for the year ended
December 31, 2023 with development charges. The table shows the total expenses,
development charge financing and non -development charge financing.
1.4 Schedule D attached shows projects which have been previously approved by Council
through resolution or prior years' budgets. The amount committed relates solely to the
development charges portion.
1.5 This statement is compliant with subsection 59.1(1) of the Development Charges Act,
1997.
2. Additional Information
2.1 A total of 26 capital fund (2022 — 23) and 8 (2022 — 9) operating fund projects have
been financed by development charges.
2.2 The Municipality collected $7,052,175 in municipal development charges in 2023, this
compares to $11,290,994 in 2022.
2.3 On January 18, 2021, Council passed by-law 2021-010, approving the Municipality's
Draft Development Charges Background Study, October 15, 2020 and the Addendum to
the Development Charges Background Study, November 3, 2020 prepared by Watson
& Associates Economists Ltd. The by-law came into force on January 19, 2021 and will
expire five years after that date.
Page 49
Municipality of Clarington Page 3
Report FSD-013-24
2.4 As identified in Schedule A, the Growth Studies DC Reserve Fund has an available
balance of $2,006,847 at December 31, 2023, with commitments from prior years of
$2,137,349, leaving a deficit of $130,502. The commitments include various Planning
studies and secondary plans, with the largest commitment being the required update to
the Official Plan. The funds available in the Growth Studies DC Reserve Fund plus
expected incoming development charge proceeds in future periods will be sufficient to
cover the commitments as they arise.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Though not directly related to the specific priorities or actions set out in the Clarington
Strategic Plan 2024-27, the recommendations in this report contribute more broadly to
the following expected results: Finances and operations are efficiently and responsibly
managed.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that the Annual Statement for the Development Charges
Reserve Funds be received for information and made available to the public by posting
on the Municipality's website.
Staff Contact: Michelle Pick, Accounting Services Manager/Deputy Treasurer, 905-623-3379
ext. 2605 or mpick@clarington.net.
Attachments:
Attachment 1 - Schedule A - Development Charges Reserve Funds Activity 2023
Attachment 2 — Schedule B - Development Charges Reserve Funds Capital Projects 2023
Attachment 3 — Schedule C - Development Charges Reserve Funds Operating Expenses 2023
Attachment 4 — Schedule D - Development Charges Reserve Funds Commitments 2023
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 50
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Attachment 1 - Report FSD-013-24
Schedule A
Parks &
Growth Studies
Library Services
Fire Protection
Recreation
Services Related
(580)
(581)
Services (582)
Services (584)
to Highways (586)
Total
Balance as of December 31, 2022
$ 1,975,286
$ 2,077,779
$ 71262,182
$ 9,383,062
$ 43,279,249
$ 63,977,558
Plus:
Development Charge Proceeds
(108,093)
(312,387)
(167,002)
(2,383,202)
(4,081,491)
(7,052,175)
Development Charge Incentives
-
-
-
-
-
Accrued Interest Apportionment
(51,944)
(70,111)
(201,088)
(173,969)
(1,197,907)
(1,695,019)
Transfer from Revenue Fund
-
Transfer from Capital Fund
-
Subtotal
160,037
382,498
368,089
2,557,171
5,279,399
8,747,194
Less:
Amount Transferred to Capital Fund
24,043
3,066,884
2,793,295
5,884,222
Amount Transferred to Operating Fund**
128,476
78,663
1,268,912
553,160
2,029,212
Amount Transferred between Reserve Funds
-
Subtotal
128,476
78,663
24,043
4,335,796
3,346,455
7,913,434
Closing Balance as of December 31, 2023
(2,006,847)
(2,381,614)
(7,606,228)
(7,604,437)
(45,212,192)
(64,811,318)
Committed Amounts from Prior Years ***
2,137,349
351,607
2,708,457
4,013,412
15,067,960
24,278,785
Available at December 31, 2023
130,502
2,030,007
4,897,771
3,591,025
30,144,232
40,532,533
Committed Amounts from 2024 Budget ****
78,511
1,209,142
553,240
1,840,893
Balance Available for Future Needs
$ 130,502
$ (1,951,496)
$ (4,897,771)
$ (2,381,883)
$ (29,590,992)
$ (38,691,640)
* See Schedule B
** See Schedule C
*** See Schedule D
**** 2024 Budget (includes 2024 debenture payments)
Note: brackets = funds available, no brackets = shortfall
Total Development Charges collected on behalf of the Region in 2023
Less: amounts paid to the Region 2023
Total Development Charges due to the Region at December 31, 2023
$ 5,312,607
$ 5,312,607
Page 51
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Attachment 2 - Report FSD-013-24
Schedule B
Total xpenses
on
Capital Fund Expenses
for 2023
Financing
Financing
Description
D/C - Fire Protection Services
Station #1 Expansion
24,043
24,043
$
24,043
$
24,043
$
-
D/C - Parks and Recreation Services
Farewell Creek Park Trail - Phase 1
545,800
412,771
45,953
Municipal Capital Works
87,075
Rate Stabilization RF
Newcastle Community Park
2,393,351
2,277,899
24,221
Parkland in Lieu
91,231
Municipal Capital Works
Northglen Phase 8 Parkette
94,670
94,670
Brookhill Parkette
231,666
231,666
Soper Creek Trail - Phase 3 & Outdoor Fitness Equipment
14,043
14,043
North Bowmanville Dog Park
16,887
16,887
SCA Tennis Courts
11,061
11,061
Toyota Trail
8,763
7,887
876
Municipal Capital Works
$
3,316,240
$
3,066,884
$
249,356
D/C - Service Related to Highways
Bowmanville Cemetery Expansion
749,865
674,878
74,986
Municipal Capital Works
New Operations Center
26,458
26,458
New Equipment Purchase - Roads 2023
940,882
12,494
300,000
Tax Levy
600,000
Municipal Capital Works
28,387
Rate Stabilization RF
Various Erosion Protection
20,635
13,825
6,809
Municipal Capital Works
Green Rd Roundabouts (Bowell Dr/Clarington Blvd)
1,319
1,319
North Scugog Crt Surface Asphalt (Dan Sheehan Lane to W Scugog Lane)
693
617
76
Municipal Capital Works
Port Darlington Subdivision Rd
1,484
1,484
New Equipment Purchase - Roads 2022
122,681
81,279
41,402
Municipal Capital Works
Middle Rd Reconstruction (Conc Rd#3 to Urban Limit)
14,428
11,975
2,453
Municipal Capital Works
Sidewalk - North Street (George St to Remi Court)
55,125
55,125
Concession Road 3 (Middle Rd to Liberty St)
52,198
43,794
8,404
Municipal Capital Works
Lake Rd Extension (Bennett Rd to 310m west)
35,683
31,758
3,925
Municipal Capital Works
Baseline Rd Reconstruction (Trulls Rd to Courtice Rd)
1,893,533
1,779,921
113,612
Municipal Capital Works
Grady Drive Environmental Assessment Completion
32,181
32,181
Lambs Rd Interchange at Highway 401
12,360
12,360
King St Cycling Facility
5,312
5,312
Nash Rd Rehab and Bicycle Facilities (Soling Rd to Hancock Rd)
8,514
8,514
$
3,973,350
$
2,793,295
$
1,180,055
Total Capital Expenses
$
7,289,590
$
5,860,179
$
1,429,411
Summary of Financing:
$
24,043
D/C - Fire Protection Services
$
3,066,884
D/C - Parks and Recreation Services
2,793,295
D/C - Service Related to Highways
989,728
Municipal Capital Works R/F
300,000
Tax Levy
24,221
Parkland in Lieu
115,463
Rate Stabilization RF
Total Financing
Wage 5Z,289,590
$
5,860,179
$
1,429,411
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Attachment 3 - Report FSD-013-24
Schedule C
Total Expenses
D/C R/F
Non D/C
Operating Fund Expenses
for 2023
Financing
Financing
Description
D/C - Growth Studies
Planning Studies-Tooley Robinson Subwatershed Study
5,520
653
73
Secondary Plan Reserve
713
Recoverable from Developer
4,082
Tax Levy
Planning Studies -Bow East Town Ctre Sec Plan
146,182
82,446
9,161
Secondary Plan Reserve
53,888
Recoverable from Developer
688
Tax Levy
Planning Studies - Bow West Urban Ctre Sec Plan
90,561
45,377
35,042
Secondary Plan Reserve
Streamline Development Approvals
5,373
Fund (SDAF)
4,770
Tax Levy
$
242,264
$
128,476
$
113,788
D/C - Library Services
DC Library Services Budget commitments - Courtice Library Debenture
78,663
78,663
$
78,663
$
78,663
D/C - Parks and Recreation Services
DC Parks and Rec Services Budget commitments - South Bowmanville Recreation Center
1,514,805
1,060,363
454,441
10% Tax Levy
DC Parks and Rec Services Budget commitments - BIS Debenture
165,253
148,728
16,525
10% Debt Retirement
DC Parks and Rec Services Budget commitment - 75% Recreation Study
79,762
59,821
19,940
25% Tax Levy
$ 1,759,819
$ 1,268,912
$ 490,907
D/C - Service Related to Highways
DC Service Related to Highways Budget commitment - Green Road Debenture
553,160
553,160
-
$
553,160
$
553,160
$
-
Total Operating Fund Expenses
$
2,633,907
$
2,029,212
$
604,695
Summary of Financing:
128,476
D/C - Growth Studies
78,663
D/C Library Services
1,268,912
D/C Parks and Recreation Services
553,160
D/C Service Related to Highways
44,275
Secondary Plan Reserve
54,601
Recoverable from Developer
Streamline Development Approvals
5,373
Fund (SDAF)
483,921
Tax Levy
16,525
Debt Retirement
Total Financing
$
2,633,907
$
2,029,212
$
604,695
Page 53
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Attachment 4 - Report FSD-013-24
Schedule D
Amount
Year
Project Description
Committed
D/C - Growth Studies
2012 Operating
Planning studies -Technology & Planning/Review project
27,686
2015 Operating
Planning studies -zoning bylaw review-90% DC [10% Prof fees Res tax levy]
108,639
2017 Council
Secondary Plan Agreement template [10% tax levy]
18,000
2017 Operating
Planning Studies-Tooley Robinson Subwatershed Study
10,788
2017 Operating
Planning Studies -Bow East Town Ctre Sec Plan
12,831
2017 Operating
Planning Studies-Courtice Industrial/special study 4 Courtice Employment Lands
35,357
2019 Operating
DC Study
7,966
2019 Operating
OP Appeal Legal Costs
71,082
2019 Operating
Planning Studies
144,000
2020 Operating
DC GG Budget commitments - Plan Studies
1,233,000
2021 Operating
DC GG - Official Plan - Economic Development Strategy (90% DC's GG, 10% Econ Dev RF (502))
45,000
2022 Operating
Courtice Waterfront Design Study
120,000
2022 Operating
DC GG Budget commitments - Plan Studies - Economic Development Strategy
45,000
2023 Operating
DC GG Budget commitments - DC Study
90,000
2023 Operating
DC GG Budget commitments - 70% of Leisure & Culture Master Plan
168,000
Total Committed - Growth Studies:
$ 2,137,349
D/C - Library Services
2022 Capital
Library Collection
108,532
2023 Capital
Library Collection
243,075
Total Committed - Library Services:
$ 351,607
D/C - Fire Protection Services
2023 Capital
2023 Rescue Truck
1,000,000
2023 Capital
2023 Fire HQ Expansion
1,708,457
Total Committed - Fire Protection:
$ 2,708,457
D/C - Parks and Recreation Services
2019 Operating
Consulting Parks Design [10% tax levy]
12,850
2020 Capital
Newcastle Community Park - Phase 1
1,132,422
2020 Operating
Consulting Parks Design
13,500
2021 Capital
Newtonville Estates Parkette
250,000
2021 Capital
Northglen East Neighbourhood Park
621,714
2021 Capital
North Bowmanville Dog Park
213,113
FSD-047-21
Toyota Trail
118,794
Res#C-055-22
SCA Tennis Court
330,749
2022 Capital
Brookhill Parkette
68,334
2022 Capital
Soper Creek Trail - Phase 3
310,957
2023 Operating
Recreation Study 75%
130,979
2023 Capital
Newtonville Estates Parkette
100,000
Page 54
Page 1 of 4
Municipality of Clarington Attachment 4 - Report FSD-013-24
Development Charges Reserve Funds Statement Schedule D
For the 2023 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Amount
Year Project Description Committed
2023 Capital SCA Tennis Court 135,000
2023 Capital Northglen East Neighbourhood Park 300,000
2023 Capital Soper Creek Trail - Phase 3 175,000
2023 Capital Farewell Creek Trail Phase 2B 100,000
Total Committed - Parks and Recreation Services: $
4,013,412
D/C - Services Related to Highways
2011 Capital
Baseline Rd Sidewalk- Green to Westside
71,272
2011 Capital
Brookhill Tributary Nick Point Remedial Work- C/P closed in 2018, project projected for 2020 Budget
7,101
2014 Capital
Brookhill Blvd Oversizing
310,000
2015 Capital
Sidewalk-Rudell Rd (Sunset Blvd to Hart)
43,000
2015 Capital
Rudell Rd Reconstruction
60,000
2016 Capital
Liberty St sidewalk (Longworth to Bons -west side)
16,237
2016 Capital
Longworth Ave extension EA (Green to Holt)
11,445
2016 Capital
Middle Rd reconstruction (Con Rd 3 to urban limit)
53,230
2016 Capital
Soper Creek pedestrian link to Camp 30
338,400
2016 Capital
Grady Drive ( at Foster Creek) Environmental Assessment Completion
10,009
2017 Capital
Longworth Ave and Green Rd Intersection
38,126
2018 Capital
Street lighting - RR57 (Hwy2 to 150m N of Stevens Rd)
15,792
2018 Capital
Darlington Blvd (South limit to Hwy2)
54,018
2018 Capital
Baseline Rd (Lambs to Bennett)
520,324
2018 Capital
Green Rd (Harvey Jones to Ross Wright)
70,890
2018 Capital
King St Cycling Facility
114,928
2018 Capital
Sidewalk - RR 34 /Courtice Rd - (Nash Rd to Urban Limit)
16,696
2018 Capital
Sidewalk - RR 57 Multi -use Trail - Aspen Springs to Hwy2)
15,000
2018 Capital
Intersection Improvements - Green Rd @ Boswell
121,096
2018 Memo
Port Darlington subdivision Rd (Port Darlington to east)
139,444
2018 Operating
50% North Newc Drainage Study
11,500
2018 Operating
Eng - design
21,141
2019 Capital
Nash Rd (Future Clarington Blvd)
20,155
2019 Capital
Middle Rd reconstruction (Con Rd 3 to urban limit)
186,750
2019 Capital
Baseline Rd Reconstruction (Haines to Lambs Rd)
68,980
2019 Capital
Baseline Rd Reconstruction (Mearns to Haines)
63,240
2019 Capital
Baseline Rd Structure ( W of Green Rd)
22,120
2019 Capital
Hancock Rd Box Culvert (S of Nash rd)
69,444
2019 Capital
Concession Rd 3 Reconstruction ( Middle to Gimblett St)
60,248
2019 Capital
Lambs Rd Interchange @ Hwy 401 - Environmental Assessment
72,311
2019 Capital
Nash Rd Rehabilitation & Bicycle Facilities (Solina Rd to Hancock Rd)
61,118
2019 Capital
Queen St Extension (St.George to Frank St)
20,000
2019 Capital
Baseline Rd Reconstruction (Trulls Rd to Courtice Rd)
1,197,135
2019 Operating
Eng - design
72,500
Page 55
Page 2 of 4
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Year
2019 Operating
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Capital
2020 Operating
CL2016-17
PO#10021
PO#8394
2021 Capital
2021 Capital
2021 Capital
2021 Capital
2021 Capital
2021 Capital
Trsf from RR57 Multi Use Trail
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2022 Capital
2020 Capital
2022 Capital
Add'I Funding PSD-018-22
2022 Capital
2023 Capital
2023 Capital
Proiect Description
Attachment 4 - Report FSD-013-24
Schedule D
50 % North Newc Drainage Study
Streetlighting - Hwy#2 to 150m N of Stevens Rd
Longworth Oversizing (West Urban Limit to Green Rd)
Rudell Rd Reconstruction
Lake Rd Extension (Cul-de-sac to Bennett Rd)
Sidewalk - Hwy#2 ( E of Clarington Blvd to RR57) South Side
Sidewalk - Bloor St (Townline Rd S to 415m Easterly) South Side
Sidewalk - RR17 (Mill St to CPR) East Side
Sidewalk - Trulls Rd (Avondale Rd to Hwy#2) East Side
Sidewalk - Active Transportation Master Plan
Sidewalk - RR57 Multi -use Trail - CPR Bridge to Stevens Rd
SWM Pond - Technology Park
Eng - design
Pavement Rehabilitation -Green Road cycling lanes [DC -project #25] - trsf UECF from Trulls Rd
CIMA-Clarington Ponds/Clarnew, Newc & WestSide, Bow [50% Prof fees tax levy]
Eng - design - CIMA/Longworth Ave W. EA [50% Prof Fees Res]
Baseline Rd ( Lambs to Bennett)
Lambs Rd ( Baseline to 275m N of Baseline)
Darlington Blvd (South limit to Hwy2)
Longworth Ave @ Green Rd intersection
Green Rd (Harvey Jones to Longworth)
Various Erosion Protection Works
King St Cycling Facility
Bowmanville Ave Streetlighting (Baseline to Aspen Springs)
North Scugog Crt (Dan Sheehan to Conc Rd 3)
Green Rd Roundabout
Hancock Rd ( Hwy#2 to Nash Rd)
Nash Rd ( 50m E of Harryt Gay Dr to Hancock Rd)
Bowmanville Ave MUP
Bowmanville Ave Sidewalk
Liberty St Sidewalk ( Longworth to Conc Rd 3)
Prestonvale Sidewalk (230m N to Bloor St)
Hancock Rd Sidwalk (Hwy#2 to 275 m S of Nash Rd) West Side
Streetscape - Newcastle
Various Erosion Protection Works
Bowmanville Cemetery expansion - design & construction
2022 Fleet New Roads
Bowmanville Cemetery expansion - design & construction
2022 Fleet New Parks
2023 - Fleet New - Roads
2023 - New Operations Centre
Page 56
Amount
Committed
11,500
228,000
162,000
1,245,000
131,188
135,000
30,000
253,549
30,000
70,000
82,500
1,595,014
75,000
12,003
5,068
446
193,000
49,710
1,183,488
650,000
375,345
10,042
37,500
330,000
52,356
71,131
47,458
63,288
454,496
210,000
330,000
80,000
36,500
207,240
133,340
136,006
226,093
22,657
16,003
905,506
723,542
Page 3 of 4
Municipality of Clarington
Development Charges Reserve Funds Statement
For the 2023 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Attachment 4 - Report FSD-013-24
Schedule D
Amount
Year
Project Description
Committed
2023 Capital
2023 - Streetlighting - Haines St to Bennet Rd
20,000
2023 Capital
2023 - Streetlighting - Hwy 35 to Fire Hall
20,000
2023 Capital
2023 - Longworth Ave. Extension EA (Green Rd to Holt Rd)
200,000
2023 Capital
2023 - Sidewalks - Baseline Rd MUP (Spicer Sq to Bowmanville Ave)
50,000
2023 Capital
2023 - Newcastle Streetscape Improvements - Phase 1
60,000
2023 Capital
2023 - Various Erosion Protection Works
133,340
Total Committed - Services Related to Highways:
$ 15,067,960
Total Commitments to Development Charges Reserve Funds:
$ 24,278,785
Page 57
Page 4 of 4
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-014-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: Trevor Pinn
File Number: By-law Number:
Report Subject: 2023 Investments Annual Report
Recommendations:
1. That Report FSD-014-24, and any related delegations or communication items, be
received; and
2. That all interested parties listed in Report FSD-014-24, and any delegations be
advised of Council's decision.
Page 58
Municipality of Clarington
Report FSD-014-24
Report Overview
Page 2
The following report is the annual reporting requirement under the Municipality of
Clarington's Investment Policy. Regulations under the Municipal Act, 2001 require that the
Treasurer report certain information to Council on an annual basis and certify compliance
with the Municipality's adopted Investment Policy.
This report fulfills the annual reporting requirement under the Municipal Act, 2001 and the
Municipality's Investment Policy.
At December 31, 2023, the Municipality was in compliance with the Province of Ontario's
eligible investment regulations and the Municipality's approved Investment Policy.
Investment Income for the Municipality was approximately $7.7 million, which is slightly
higher than the $7.5 million in 2022. During the year, investable funds decreased from
$213.3 million to $201.5 million, which in part was due to the increased level of capital
expenditures in 2023. Overall, the return on investment was 2.51 % which is a reasonable
return given interest rates during 2023 and the Municipality's reliance on fixed -income
securities.
1. Background
1.1 In June 2018, through report FND-011-18, the Municipality of Clarington reviewed and
revised its Investment Policy. This policy requires the Treasurer of the Municipality to
report the state of the Municipality's investments to Council on an annual basis.
1.2 The policy was further reviewed in June 2021 and revised through Report FSD-035-21
to adjust the limits on certain investments to provide additional flexibility to the
Treasurer. These adjustments included a higher limit for financial institutions from 60 to
80 percent, a higher per -institution limit from 20 to 25 percent, an exception in municipal
debt limits for the Region of Durham, and a change to an annual review of the
investment policy rather than once per term.
1.3 In 2023, the Report FSD-025-23 provided the annual update at which time the Policy
was migrated to the new policy format and updated to include reference to Environment,
Social and Governance (ESG) investment considerations.
1.4 Section 8 of the Municipality's Investment Policy requires the Treasurer to report on an
annual basis to Council on the performance of the investments, the balance of the
investment portfolio, and the Municipality's compliance with the investment policy and
goals.
Page 59
Municipality of Clarington
Report FSD-014-24
1.5 A snapshot summary of key information pertaining to the portfolio follows:
Page 3
General Fund
$65,412,278
$39,324,462 $4,812,802
9.19%
Development Charges
59,523,378
57,582,467 1,695,019
2.89%
Reserve Fund
Non -DC Reserve Fund
77,142,302
94,953,787 1,600,751
1.86%
Strategic Capital Reserve
11,043,124
9,641,508 (402,115)
(3.89%)
Fund
I
$213,121,082
$201,502,224T$7,706,457
2.51%
Investment Environment in 2023 and 2024
1.6 The last two years have seen interest rate hikes that have are not typical for Canada.
The reliance on fixed income investments by the Municipality benefited from these rate
increases.
1.7 In January 2022, the bank rate was 0.50 percent, this increased seven times throughout
the year ending at 4.50 percent in December 2022. The average rate for the year was
2.42 percent.
1.8 Similarly, in 2023, the bank rate had four rate hikes throughout the year starting the year
at 4.50 percent in January and raising to a high of 5.25 percent in July. The rate has
remained at 5.25 percent since July 2023. The average rate for the year was 5.02
percent which is double the average rate from 2022.
1.9 Economists are expecting to see a decrease in interest rates in 2024. The timing and
degree of interest rate cuts have changed from 2023 expectations. TD Economics
(published March 20, 2024) is currently forecasting a return to target inflation in the
medium term. It is being forecasted that the overnight target rate will decrease from 5.00
Page 60
Municipality of Clarington
Report FSD-014-24
Page 4
percent at the end of 2023 to 4.00 percent by the end of 2024 before stabilizing at 2.25
percent by the end of 2025.
1.10 However, some banks are forecasting a slower return to lower rates. Scotiabank on
March 18, 2024 was forecasting interest rates to decrease to 4.25 percent by the end of
2024 and 3.00 percent by the end of 2025.
1.11 Regardless of the timing, the decrease in interest rates is expected to be slower than
the rapid increase that was seen in 2022 and 2023. This will keep fixed income
investment rates higher than they were in 2020 and 2021, and for several years prior to
the pandemic.
2. Performance of the Investment Portfolio
2.1 The Municipality's portfolio consists of several funds, including general funds, trust
funds, reserve funds, and other investments.
General Fund
2.2 The General Fund is the primary operating fund for the Municipality. This fund has the
least number of active investments. The majority of the investments in this fund are in
the HISA accounts provided by the investment advisors to the Municipality (ONE
Investment, CIBC Woodgundy, BMO Nesbitt Burns and Scotiabank). The HISA
accounts offer favourable interest rates for a highly liquid investment.
2.3 The ONE Investment Inc. HISA was established in September 2016 and held low
balances throughout 2017. In 2018, the Municipality began being more active with its
investments and moved funds from the lower interest -earning bank accounts to the
higher HISA account. At December 31, 2023, the ONE Investment HISA had
approximately $0.2 Million (2022 - $0.2 million). Funds held in the HISA are available
within 24 hours.
2.4 Similarly, the investment accounts at CIBC Woodgundy, BMO Nesbitt Burns and RBC
Dominion Securities include a HISA portion. These funds are typically available within 3
business days. The balance in these accounts typically result from maturing
investments being pooled until a purchase can be made. At December 31, 2023 the
balance in the HISA products with our investment advisors was approximately $23.0
million, funds which have been subsequently invested in other products.
2.5 The Scotiabank HISA requires 30-days notice for withdrawals. The Municipality has
approximately $1.4 million in this account which earns a premium on other HISA
products but is less liquid.
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Non -Development Charges Reserve Funds
Page 5
2.6 The Municipality operates a Non -Development Charges Reserve Fund investment
portfolio for all reserve funds not established under the Development Charges Act,
1997. There is one exception: the Strategic Capital Reserve Fund, a separate fund.
2.7 The total book value of investments is approximately $95.0 million (2022 - $77.1
million), including approximately $37.5 million (2022 - $24.1 million) in bank balances. At
December 31, 2023, the portfolio was comprised of $7.9 million (2022 - $8.4 million) in
GICs with maturities in each of 2024 through 2028 and $27.5 million (2022 - $23.5
million) in bonds with maturities from 2024 to 2033. An equity pool with ONE Investment
of $5.8 million is also held. The portfolio includes $16.1 million (2022 - $21.1) in
principle -protected notes; these are banknotes which are linked to an index but are
issued by a chartered bank. For purposes of this report, the TD Bank Reserve Fund
bank account is included in this portfolio.
2.8 The Municipality has adopted a five-year laddering strategy for these investments, with
roughly equal distribution each year. This ensures that assets will be cashable in any
given year and can be withdrawn from the reserve fund.
Development Charges Reserve Funds
2.9 The Development Charges Reserve Fund portfolio meets the obligations of the
Municipality under the relevant legislation for Development Charges.
2.10 The Municipality has two accounts with the ONE Investment Program related to this
fund: a Bond account and an Equity account.
2.11 Clarington opened its ONE Investment bond account in 2000. The investment pool was
transferred to its current custodian in 2005 with a book value of $2.6 million. As at
December 31, 2023, the book value, as a result of reinvested income, was $4.6 million
(2022 - $4.5 million). At December 31, 2023, the market value was below book value
$4.1 million); however, the adjusted return is still positive overall since inception of this
product.
2.12 The ONE Investment equity account was established in 2007 with an initial investment
of $500,000 and a $2.0 million investment in 2020. At December 31, 2023, the book
value of the investment is $3.2 million (2022 - $3.0 million), resulting from reinvested
income and capital gains. The portfolio had a market value of $4.5 million.
Strategic Capital Reserve Funds
2.13 The Municipality established the Strategic Capital Reserve Fund portfolio to hold
investments for the Strategic Capital Reserve Fund specifically. This reserve fund was
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Report FSD-014-24
created to provide a funding source for economic development activities. The intent was
to keep the $10.0 million capital as a source of internal borrowing for economic
development capital investments. Interest earned on the investments is transferred to
the general fund to offset the tax levy.
2.14 This fund invests $2.8 million (2022 - $3.8 million) in GICs with maturities in 2027.
Interest rates vary from 2.97 percent to 5.0 percent. Bonds worth $4.8 million (2022 -
$7.3 million) with maturities from June 2024 to January 2032 are also held with an
interest rate of 1.4 to 3.1 percent. There is also $2.1 million in HISA balances as a result
of timing at year end and pending investments.
2.15 In 2023, in consultation with the investment advisor, the holdings in this investment
account were "reset". A number of investments were purchased prior to December 2022
and were long-term based on available rates at the time; however, given the rapid
change in rates it was beneficial to take a temporary loss and reinvest those funds in
higher interest earning investments. It is anticipated, that over the length of the "reset"
that the Municipality will earning more funds as a result.
Overall Performance
2.16 The total income for the past five years, excluding trust funds and Elexicon, by fund are
summarized below:
General Fund
Development Charges 1,695,019 1,694,340 624,705 923,855 1,339,291
Reserve Fund
Non -DC Reserve
Funds
Strategic Capital Fund
1,582,907
(402,115)
1,600,751
372,817
1,123,800 1,343,802
612,865 45,342
336,824
493,389
Total Investment $7,688,614 $7,475,964 $3,421,943 $3,359,663 $3,299,143
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3. Compliance with Investment Policy
3.1 The Municipality of invests based on the legal list of investments outlined in O.Reg.
438/97 as amended. The legal list is very prescribed and limits the ability of the
Municipality to diversify its investments fully; however, it is relatively secure.
Investment Accounts
3.2 The Municipality of Clarington holds its investments through investment accounts with
several financial organizations. In determining whether the Municipality is meeting its
investment policies, the underlying asset is considered, not the custodian of the
investment.
3.3 No new investment accounts were opened in 2023.
3.4 The Municipality held the following accounts throughout 2023:
TD Bank
• General Fund bank
• Several small bank accounts
• Reserve Fund bank account
• Guaranteed Investment Certificates
(GICs)
RBC Dominion Securities • Reserve Fund investment account
• DC Reserve Fund investment account
• Strategic Capital Fund investment
account
ONE Investment Inc. . Hight Interest Savings Account (HISA)
• Equity portfolio investment account
• Bonds portfolio investment account
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Report FSD-014-24
BMO Nesbitt Burns • General fund investment
• Reserve Fund investment account
CIBC Woodgundy I • DC Reserve Fund investment account
ScotiaBank • High Interest Savings Account (HISA)
3.5 The investment accounts with RBC Dominion Securities, BMO Nesbitt Burns, and CIBC
Woodgundy hold a variety of investment instruments which could include GICs,
government bonds, and bank deposit notes.
Diversification Risk
3.6 The Municipality holds investments of several different types. It is essential to diversify
the types of investments with an extensive portfolio to reduce the risk to the overall
portfolio from variations in any one market. The following table shows the December 31,
2023, investments by type as well as the minimum and maximum percentage allowed
per the Investment Policy:
High Interest Savings o 0 0
Account $45,694,671 22.7 /0 0 /0 100 /o
Federal Debt 14,312,176 7.1 % 0% 100%
Provincial Debt 19,349,513 9.6% 0% 80%
Municipal Debt 4,338,215 2.2% 0% 35%
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Report FSD-014-24
Financial Institutions
Corporate Debt (non- 4,099,594 2.0% 0% 10%
financial)
ONE Investment 7,732,249 3.8 /°
Pools ° 0% 25%
Total $201,502,223
3.7 The policy guideline for financial institutions is zero percent to 80 percent of the
investment portfolio. At December 31, 2023, the Municipality was within this limit. While
within the policy limits, the above indicates that the Municipality is concentrated in
Canadian financial institutions.
Liquidity Risk
3.8 The Municipality attempts to balance cash flows through the timing of the maturity of
investments. Staggered maturity dates ensure that cash is readily available to meet the
needs of the Municipality and reduces interest rate risk. At December 31, 2023, the
maturity dates, and allowable ranges, of investments held by the Municipality were as
follows:
Up to 90 Days
$55,492,519
90 Days to 1 Year 8,183,390 I 4.1 % ' 30.0% 100.0%
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Page 10
1 to 5 Years 43,189,037 21.4% 1 0.0% 85.0%
5 to 10 Years 94,637,277 47.0% 1 0.0% 50.0%
10 to 20 Years 0 0.0% 0.0% 30.0%
$201,502,223
3.9 The Municipality's Investment Policy indicates the target range for less than 90 days is
20% to 100%, and less than one year is 30% to 100%. The amount shown above that is
90 days to 1 year should be added to the amount held less than 90 days to determine
compliance with the requirement. Total amounts maturing less than one year is
$63,834,610, which is 31.7% of the investment portfolio.
3.10 The Municipality's HISA and TD Reserve Fund bank accounts are considered to have a
maturity of less than 90 days, as they are available to the Municipality within 24 hours.
3.11 The Municipality is allowed in certain circumstances to invest in terms greater than ten
years, at December 31, 2023, there was $0.0 million (2022 - $1.5 million) invested with
a maturity greater than ten years. The decrease in this amount explains the increase it
the five -to -ten-year range, as the greater than ten-year investments come closer to
maturity. These investments are bonds held in the three reserve fund investment
portfolios and are traded on an active market.
Concentration Risk
3.12 The Municipality attempts to diversify its investment portfolio by restricting the
percentage of investments any single institution may have. Diversification mitigates the
risk to the Municipality if an investment becomes insolvent. Note that the Canadian
Deposit Insurance Corporation (CDIC) only guarantees investments up to $100,000 per
institution, therefore, most of the Municipality's investments are not insured through
CDIC.
3.13 At December 31, 2023 the Municipality's investments by institution were as follows:
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Report FSD-014-24
TD Bank - Savings
$31,517,631
15.6%
100.0%
ONE — HISA
214,242
0.1 %
100.0%
ONE — Equity
3,178,866
1.6%
15.0%
ONE — Bond
4,553,383
2.3%
15.0%
Scotiabank HISA
1,392,719
0.7%
100.0%
Royal Bank of Canada
8,333,269
4.1 %
25.0%
CIBC - HISA
926
0.0%
100.0%
National Bank
4,023,420
2.0%
25.0%
Bank of Nova Scotia
18,751,538
9.3%
25.0%
Bank of Montreal
38,169,035
18.9%
25.0%
CIBC
27,854,000
13.8%
25.0%
TD Bank
6,778,944
3.4%
25.0%
Province of Ontario
13,038,602
6.5%
20.0%
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Province of British Columbia 968,290 0.5% 20.0%
Province of Manitoba 962,429 0.5% 20.0%
Regional Municipality of Niagara 1,495,790 0.7% 10.0%
Quebec Hydro
1,600,000
0.8%
5.0%
City of Toronto
1,512,039
0.8%
10.0%
Canada Housing Trust
3,977,189
2.0%
100.0%
Canada Housing Trust No 1
3,058,623
1.5%
100.0%
Government of Canada
7,276,364
3.6%
100.0%
Municipal Finance Authority of BC
831,861
0.4%
25.0%
Province of Alberta
1,451,608
0.7%
20.0%
Province of Quebec
2,928,585
1.5%
20.0%
Ontario Hydro
2,499,594
1.2%
5.0%
Regional Municipality of York
498,525
0.2%
10.0%
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Report FSD-014-24
Page 13
3.14 At December 31, 2023, the Municipality was in compliance with restrictions on per
institution investments. Throughout 2023, Staff worked to increase diversification for a
better overall investment portfolio and risk mitigation.
4. Review of Investment Policy
Background
4.1 The Municipality of Clarington is required, under the Municipal Act, 2001 to have an
investment policy adopted and approved by Council.
4.2 The Municipality utilizes the legal list of investments as allowed under O.Reg 438/97
which prescribes what investments a municipality may make.
4.3 Staff have been directed to work with the Region of Durham and ONE Investment on
the adoption of the Prudent Investor Standard. Report FSD-015-24 provides specific
details on the adoption of the Prudent Investor Standard and the execution of
agreements with ONE JIB to become a member. The Report will also recommend a
name change to the existing Investment Policy which will, if the Prudent Standard is
adopted, become the applicable policy for short-term money invested internally.
5. Financial Considerations
5.1 At this time, there are no expected financial considerations as a result of this annual
report.
5.2 The Municipality is limited in its allowable investments by following the eligible
investment rules rather than utilizing the prudent investor standard.
5.3 Historical investment results do not predict future results; however, a diversified portfolio
is a key tool for mitigating risk.
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6. Strategic Plan
Page 14
6.1 The active approach to investing supports 1-2: Finances and operations are efficiently
and responsibly managed. Investments are one tool within financial planning to finance
operations and investments in capital. Investment income will be used as part of the
funding strategy for the Municipality's Asset Management Plan.
7. Concurrence
Not Applicable.
8. Conclusion
It is respectfully recommended that Council receive this report.
Staff Contact: Trevor Pinn, CPA,CA, Deputy CAO, Finance and Technology/Treasurer, 905-
623-3379 ext. 2602 or tpinn@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 71
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-015-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: Trevor Pinn
File Number: By-law Number:
Report Subject: Adoption of Prudent Investor Standard and Agreement with ONE JIB
Recommendations:
1. That Report FSD-015-24, and any related delegations or communication items, be
received;
2. That the By-law attached to Report FSD-015-24, as attachment 1, be approved with
the effective date to be determined upon the successful execution of the agreement
with ONE JIB;
3. That the Draft Investment Policy, as attachment 2, be approved with the same
effective date as the by-law mentioned above, and that Staff be directed to update
references in the policy for the effective date of the prudent investor standard;
4. That Policy CP-003 Investment Policy be renamed, Policy CP-003 Investment Policy
(Legal List);
5. That the Mayor and CAO be authorized to execute the agreement with ONE JIB,
substantially in the form as included as Attachment #3 to Report FSD-015-24;
6. That the Deputy CAO, Finance and Technology/Treasurer be directed to complete
the required documentation client questionnaire; and
7. That all interested parties listed in Report FSD-015-24, and any delegations be
advised of Council's decision.
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Report FSD-015-24
Report Overview
Page 2
Council has directed staff to work with local area municipalities to determine next steps for
adopting the Prudent Investor Standard. This Report outlines the local interest, and next
steps for adopting the Prudent Investor Standard for the Municipality of Clarington.
Staff, are recommending joining the existing ONE JIB as there is not significant interest at
this time for a local joint board. As well, the Region of Durham is joining the ONE JIB utilizing
a new model of investment administration which provides greater options for investment
opportunities. Staff are recommending that the Municipality follow the Region's entry into
ONE JIB effective the fall of 2024 and that staff are directed to complete the necessary
agreements, questionnaires and by-laws to facilitate this arrangement.
1. Background
1.1 The author of this report wishes to disclose that they are a member of the Board of
Directors of ONE Investment Inc. This position is a volunteer position representing the
Municipal Finance Officers' Association of Ontario's interests. It should be noted that the
Municipality already invests through the legal list portfolios of ONE Investment Inc.
Further, ONE JIB is not controlled by ONE Investment, ONE JIB is a joint municipal
services board which uses the services of ONE Investment.
Direction to adopt prudent investor standard
1.2 At its October 16, 2023 meeting General Government Committee passed Resolution
#GG-172-23 from Report FSD-036-23 which stated
That the Deputy CAO/Treasurer be directed to create the necessary documents
and agreements, such as investment policies and enabling by-laws, to facilitate
the adoption of the prudent investor standard;
That the Deputy CAO/Treasurer works with the Region of Durham and interested
local municipalities to explore whether there is sufficient support for establishing
a new local Joint Investment Board (JIB) under the prudent investor standard;
That the Deputy CAO/Treasurer work with ONE Investment Inc. to facilitate the
Municipality joining the ONE JIB if there is insufficient support for a local option
1.3 The Prudent Investor Standard has been an option for municipalities since 2018. In
2020, the ONE JIB was created as a joint municipal services board. To date it is the
only joint investment board in Ontario.
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Page 3
1.4 Only the Cities of Barrie and Ottawa have created Investment Boards for their own
purposes under the Municipal Act, 2001. The City of Toronto has a board under similar
requirements in their act.
Key Considerations
1.5 There are several key considerations that have been highlighted in previous reports;
however, it is important that Council is fully aware of the impact of moving to the
Prudent Investor Standard.
1.6 Under the legislation, all funds that are defined as Money Not Immediately Required are
required to be transferred to the control of the Joint Investment Board (JIB) or
Investment Board (IB).
1.7 Investment and Joint Investment Boards cannot include any elected officials or staff.
The only exception is that up to 25 percent of the board may include municipal
treasurers.
1.8 Once a municipality elects to adopt the Prudent Investor Standard, only a ministerial
order may allow it to exit the standard. The Municipality is able to move from JIB to JIB
or create its own IB, however it must at all times be part of a JIB or have an IB in place.
1.9 Council approves the investment policy which must be followed by the investment
board. The policy must be reviewed annually, this provides Council with the ability to
have strategic control of risk and allowable investments.
Local Interest in Prudent Investment
1.10 In speaking with other Treasurers at local area municipalities and the Region of
Durham, a local board would not be feasible for several years. A local JIB would require
an exemption from the Ontario Securities Commission, something that can take one to
two years to get in place; the ONE JIB already has this exemption.
1.11 The Town of Whitby is a founding member of the ONE JIB.
1.12 The City of Pickering and the Town of Ajax are exploring options, however at this time
they do not have direction to move forward with adopting the Prudent Investor Standard.
1.13 The smaller local municipalities are not interested at this time; however, they may be
interested in the future.
1.14 The Councils for Clarington and the Region of Durham have approved moving forward
with the Prudent Investor Standard, although the enabling by-laws have not yet been
passed.
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Report FSD-015-24
Outsourced Chief Investment Officer Model
Page 4
1.15 Based on the existing interest locally, staff at both the Region of Durham and the
Municipality of Clarington are recommending joining the ONE JIB. This would mean that
two local municipalities and the Region would be members of the same JIB.
1.16 It is not financially feasible or expedient for the Municipality of Clarington and the Region
of Durham to create its own JIB at this time. This is not to mean that a local board would
not eventually be created if there was more interest locally.
1.17 A similar report to this report is going to the Finance and Administration Committee at
the Region of Durham on April 9, 2024. The recommendation by staff will be for the
Region to join the ONE JIB through their new Outsourced Chief Investment Officer
(OCIO) model. This model allows ONE JIB to service larger municipalities through
outsourcing administration to PH&N Investment Services, the service provider hired by
ONE JIB through a competitive process. The Region will be the first member using this
model when they are expected to join at the June meeting, the Municipality would join in
September. In discussion with ONE Staff, it is expected that the onboarding of the
Region would utilize existing resources, we are recommending a staged approach to
allow for smooth transitions for all parties.
1.18 It is Staff's understanding that ONE JIB is increasing its Board of Directors to
accommodate an additional Treasurer on the Board. This additional treasurer would be
the Region of Durham's Treasurer. This addition would also allow Clarington to have
indirect representation at the ONE JIB Board.
2. Steps to Adopting Prudent Investor Standard
Enabling By-law
2.1 To approve the use of the Prudent Investor Standard, Council must pass an enabling
by-law indicating that it meets the requirements of the Act and wishes to adopt the
standard. Once the by-law is effective the Municipality must give funds to either its
investment board or its joint investment board.
2.2 The draft by-law, as attachment 1, has an effective date equal to when the Municipality
executes its agreement with ONE JIB. This is expected to be in September 2024. Until
the enabling by-law is effective, the Municipality must continue to follow the legal list
investment regime.
2.3 Once effective, only a ministerial order can remove the Municipality from the Prudent
Investor Standard.
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Report FSD-015-24
Draft Investment Policy
Page 5
2.4 The Municipality is required to have an Investment Policy under the Municipal Act,
2001. With the adoption of prudent investors, it was felt that a new policy would be more
efficient as there were substantial changes in the scope and requirements compared to
the existing policy.
2.5 The new Investment Policy is attached to this report as attachment 2. The policy has
been adapted from the template provided by ONE JIB to meet Clarington's formatting
standards and investment needs.
2.6 Key aspects to the policy include the definition of Money Not Required Immediately, the
money that is managed internally, as that which is needed within 36 months. The funds
that are not required within this frame are to be transferred to the ONE JIB to be
managed by the board.
2.7 The policy also creates three investment objectives, short-term, medium -term and long-
term. These objectives will help the investment board create the investment plan to
properly balance the investment portfolio to meet our objectives.
2.8 The policy states that there are no prohibited investments, Council may at its discretion
identify investments that are not allowed to be included in the investment plan.
2.9 The policy states that the investment in the Local Distribution Company (LDC) is a
restricted investment which Council retains sole decision making on.
Rename Existing Investment Policy / Transition
2.10 The existing policy is recommended to be renamed CP-003 Investment Policy (Legal
List) and will be the basis for which the funds required in the next 36 months will be
invested and managed. This has been identified and referenced in the new Investment
Policy
2.11 This policy will solely follow the legal list requirements and will be updated annually to
better reflect the short-term needs of the Municipality's investment portfolio for working
capital.
Agreement to Join ONE JIB
2.12 A draft agreement is included as attachment 3 to this Report. It is expected to be
substantially in the form as attached, however it will not be executed until September
once the ONE JIB approves our entry into the board.
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Report FSD-015-24
2.13 The agreement is the standard agreement that all other municipalities have executed.
Staff are recommending that authority be given to the Mayor and CAO to execute the
agreement provided it remains substantially in the form as attached.
Municipal Client Questionnaire
2.14 As part of the onboarding process, ONE JIB asks municipalities to fill out a
questionnaire (an example is in attachment 4) to get a better understanding of its clients
needs and investment risk. This is similar to Know Your Client forms that customers fill
out or go through at financial institutions.
2.15 Staff will be working throughout the summer to fill in this questionnaire in advance of
the September ONE JIB meeting to facilitate the onboarding process.
3. Financial Considerations
3.1 Implementing the prudent investor standard provides access to greater diversification of
investment, since the Municipality is no longer required to only invest in prescribed
investments. This reduces certain risks such as concentration risk.
3.2 Joining an existing JIB is cost effective as the Municipality does not need to invest in the
costs to create a new JIB, and is able to share the cost of governance with multiple
municipalities. Further, the ability to access institutional investment managers may not
be available to the Municipality due to its relatively smaller investment portfolio when
compared to a joint board.
3.3 It should be noted that prudent investor does not guarantee increased revenues, there
are factors outside of the control of the Municipality that will impact investment income.
The move to prudent provides more options to the Municipality with which to diversify its
investment portfolio and seek investment income opportunities.
4. Strategic Plan
4.1 The investment policy supports the expected result L.2: Finances and operations are
efficiently and responsibly managed.
4.2 Investment income is used as a funding source to the Municipality. Investment income
can be used as part of the long-term financial planning framework to mitigate tax
increases while providing a source of funds for capital investment. This meets action
L.2.5 funding strategy and proposed service levels for all assets.
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Report FSD-015-24
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council approve the enabling by-law to move to
Prudent Investor, approve the execution of the agreement to join ONE JIB, approve the
new Investment Policy and direct staff to complete the necessary steps to join ONE JIB.
Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO, Finance and Technology/Treasurer, 905-
623-3379 ext.2602 or tpinn@clarington.net.
Attachments:
Attachment 1 — Draft By-law Authorizing Adoption of Prudent Investor Standard and
Agreement with ONE JIB
Attachment 2 — Draft Policy — Investment Policy
Attachment 3 — Sample ONE JIB Agreement
Attachment 4 — Sample ONE JIB Municipal Client Questionnaire
Interested Parties:
The following interested parties will be notified of Council's decision:
• ONE Investment
• ONE JIB
• Region of Durham
Page 78
Attachment 1 to Report FSD-015-24
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-XXX
Being a by-law to authorize the Corporation of the Municipality of Clarington to invest its
money and investments that it does not require immediately in the Prudent Investor
Program of ONE Joint Investment Board ("ONE JIB") pursuant to section 418.1 of the
Municipal Act, 2001, to approve various documents, the entering into of specific
agreements and the delegation of certain powers and duties.
Whereas section 418.1 of the Municipal Act, 2001 (the "Act") permits a municipality that
meets certain requirements to invest money that it does not require immediately in any
security in accordance with the Act and the related regulations in any securities
provided that it exercises the care, skill, diligence and judgment that a prudent investor
would exercise in making such an investment;
Whereas section 418.1 of the Act provides that a municipality may, pursuant to
subsection 418.1 (2) of the Act, pass a by-law to have section 418.1 apply to the
municipality (the "Prudent Investor Enabling By-law") provided that the municipality
satisfies the prescribed requirements on the day the municipality passes the by-law and
the Act further provides that subsection 418.1(2) will apply to the municipality as of the
effective date set out in the by-law;
And whereas paragraph 3 of section 15 of O. Reg. 438/97 (Part II) (the "Regulation")
requires that a municipality that intends to invest pursuant to section 418.1 of the Act
through a Joint Investment Board that was established by other municipalities must
have entered into an agreement with the Joint Investment Board and any other
municipalities investing through the Joint Investment Board before it passes its Prudent
Investor Enabling By-law;
And whereas section 18 of the Regulation provides that the council of a municipality
shall adopt and maintain an investment policy in relation to investing under section
418.1 of the Act, and section 25 of the Regulation provides that a municipality may enter
into an agreement described in paragraph 3 of section 15 and may adopt an investment
policy under section 18 of the Regulation before a municipality passes a Prudent
Investor Enabling by-law;
And whereas the treasurer of The Corporation of the [insert name of the relevant
municipality] (the "Municipality") completed a draft Municipal Client Questionnaire, in the
form attached hereto as Schedule "A" (the "Municipal Client Questionnaire") and
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Attachment 1 to Report FSD-015-24
prepared the draft investment policy statement attached hereto as Schedule "B", which
is referred to as its Investment Policy Statement (the "IPS") and the Municipality intends
to approve the completed draft Municipal Client Questionnaire and adopt the IPS, in
accordance with section 18 of the Regulation;
And whereas effective on May 19, 2020 The Corporation of the Town of Bracebridge,
The Corporation of the Town of Huntsville, The Corporation of the Town of Innisfil, The
Corporation of the City of Kenora, The District Municipality of Muskoka and The
Corporation of the Town of Whitby (collectively the "Founding Municipalities")
established a Joint Investment Board pursuant to an Initial Formation Agreement as a
joint municipal service board pursuant to section 202 of the Act (the "Initial Formation
Agreement"), which Joint Investment Board is called ONE Joint Investment Board
("ONE JIB") and all of the Founding Municipalities agreed under the Initial Formation
Agreement to invest through ONE JIB;
And whereas ONE JIB and the Founding Municipalities have entered into an agreement
that provides that ONE JIB will invest under section 418.1 of the Act on behalf of the
Founding Municipalities under that agreement (the "ONE JIB Agreement") and that ONE
JIB will also invest under that agreement on behalf of other Ontario municipalities from
time to time (each such municipality, including each Founding Municipality is a
"Participating Municipality", collectively the "Participating Municipalities") on the basis
that: (i) before any new Participating Municipality passes its Prudent Investor Enabling
By-law it will have entered into the ONE JIB Agreement with ONE JIB and with all of the
other Participating Municipalities on the day such new Participating Municipality passes
its Prudent Investor Enabling By-law; and (ii) ONE JIB has met the criteria set out in
subsection 17 (3) of the Regulation, and will, in accordance with section 418.1 of the
Act, the Regulation and the ONE JIB Agreement, invest on behalf of the Participating
Municipalities;
And whereas pursuant to the ONE JIB Agreement, all Participating Municipalities,
consent to other municipalities entering into the ONE JIB Agreement from time to time
so long as they comply with the applicable requirements and criteria under the Act and
the Regulation;
And whereas ONE JIB is subject to all applicable provisions of the Act, including having-
(i) a code of conduct established by the councils of each of the municipalities for which it
is a local board (ii) an Integrity Commissioner and Closed Meeting Investigator
appointed by the councils of the municipalities for which it is a local board; and (iii) a
records retention by-law that establishes retention periods during which the records of
ONE JIB must be retained and preserved in accordance with the Act;
And whereas it has been determined by ONE JIB that it would be prudent to have one
code of conduct, one Integrity Commissioner and one Closed Meeting Investigator for
ONE JIB, rather than one from each of the Founding Municipalities and one from each
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Attachment 1 to Report FSD-015-24
of the other municipalities that subsequently enter into the ONE JIB Agreement;
And whereas each of the Founding Municipalities and Participating Municipalities that
subsequently entered into the ONE JIB Agreement pursuant to an authorizing by-law
that is substantially in the same form as this By-law ("Authorizing By-law"), established
the code of conduct for ONE JIB that is attached to the ONE JIB Agreement as part of
the Terms of Reference (the "Code of Conduct") and authorized ONE JIB to make
future changes to the Code of Conduct;
And whereas after consultation with ONE Investment staff the Founding Municipalities
directed ONE JIB's agent, ONE Investment, to undertake a Request for Proposals
("RFP") process to retain the services of both an Integrity Commissioner and a Closed
Meeting Investigator for ONE JIB. After completion of the RFP process the
recommended candidate was submitted to ONE JIB for its consideration and ONE JIB
appointed the recommended candidate as its Integrity Commissioner and its Closed
Meeting Investigator;
And whereas each Founding Municipality, pursuant to an Authorizing By-law, delegated
to ONE JIB the authority to appoint its initial Integrity Commissioner and its initial Closed
Meeting Investigator and their respective successors, from time to time, in accordance
with the process set out in the Terms of Reference which form part of the ONE JIB
Agreement;
And whereas a records retention by-law was passed by ONE JIB on February 28, 2024
(the "Records Retention By-law") and at that time more than a majority of the
Participating Municipalities in their capacity as "affected municipalities" as that term is
used in sections 254 and 255 of the Act, approved the establishment of the retention
periods during which the records of ONE JIB must be retained and preserved and all of
the Participating Municipalities at that time delegated the necessary powers and duties
in respect of the records of ONE JIB to the Secretary of ONE JIB in accordance with the
Records Retention By -Law;
And whereas the Municipality is required to have entered into the ONE JIB Agreement
before the Municipality can pass its Prudent Investor Enabling By-law;
And whereas after ONE JIB confirms its acceptance of the Municipality as a
Participating Municipality under the ONE JIB Agreement and after the Municipality, ONE
JIB and ONE Investment have signed the ONE JIB Agreement ONE JIB, through its
agent ONE Investment, and the Municipality will agree upon on an effective date which
date will be the effective date of the Municipality's authorization of the application of
section 418.1 of the Act to it, which effective date will also be known as the "Prudent
Effective Date";
Now therefore the Council of the Municipality of Clarington enacts as follows
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The Municipality delegates the completion of the Municipal Client Questionnaire
for and on behalf of the Municipality to the Treasurer.
2. The Municipality adopts the IPS and acknowledges and agrees that control and
management of its money and investments that it does not require immediately
will be given to ONE JIB pursuant to the ONE JIB Agreement as at the Prudent
Effective Date described in section 8 of this By-law.
3. The Municipality authorizes the entering into of the ONE JIB Agreement after
ONE JIB has accepted the Municipality as a Participating Municipality under the
ONE JIB Agreement, substantially in the form attached hereto as Schedule "C",
pursuant to which ONE JIB will be given the control and management of the
Municipality's money and investments that it does not require immediately
together with that of all of the other Participating Municipalities as at the day this
By-law is passed with an effective date that is the Municipality's Prudent Effective
Date as described in section 8 of this By-law and the [head of council] and the
treasurer are authorized to execute the ONE JIB Agreement for and on behalf of
the Municipality.
4. Pursuant to the ONE JIB Agreement which the Municipality has authorized under
this By-law, the Municipality agrees to the establishment of the Code of Conduct
for ONE JIB as a local board of the Municipality on the basis that each
municipality that invests through ONE JIB will similarly agree to the
establishment of the Code of Conduct for ONE JIB in its capacity as a local board
of that municipality and the Municipality hereby authorizes ONE JIB to make
future changes to the Code of Conduct without further approval from the
Municipality.
5. In accordance with the process for appointing an Integrity Commissioner and a
Closed Meeting Investigator and their respective successors from time to time
that is described in the Terms of Reference which form part of the ONE JIB
Agreement the Municipality acknowledges that ONE JIB has appointed its initial
Integrity Commissioner and its initial Closed Meeting Investigator and the
Municipality approves such initial appointments by ONE JIB and the delegation
to ONE JIB of the authority to appoint their respective successors from time to
time.
6. The Municipality acknowledges that ONE JIB as a local board of the Municipality
has established the retention periods during which it must retain and preserve its
records in accordance with the Act and that more than a majority of the
Participating Municipalities at the time approved or shortly thereafter approved
the establishment of such retention periods and the Municipality approves of the
retention periods set out in the Records Retention By-law and hereby delegates
to the Secretary of ONE JIB the necessary powers and duties in respect of the
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records of ONE JIB as described in the Records Retention By-law.
7. The delegation to ONE JIB of the power to appoint the successors of the initial
Integrity Commissioner and of the initial Closed Meeting Investigator and the
delegation to the Secretary of ONE JIB of the aforesaid powers and duties in
respect of the records of ONE JIB will not be revoked prior to the end of the term
of the council of the Municipality that made such delegations. These delegations
may be revoked at any time thereafter. These delegations remain in effect unless
and until such revocation occurs.
8. The Municipality hereby authorizes the application of section 418.1 of the Act to it
after the ONE JIB Agreement has been signed by the Municipality, ONE JIB and
ONE Investment on the basis that the effective date of the ONE JIB Agreement
vis a vis the Municipality as a Participating Municipality will be the date that is set
out as the Prudent Effective Date in a Prudent Effective Date Agreement
substantially in the form attached hereto as Schedule "D" and the treasurer of the
Municipality is hereby authorized to execute such agreement on behalf of the
Municipality.
9. Any one or more of the Mayor, the treasurer and the clerk are, for and on behalf
of the Municipality, each hereby authorized to do all things and to execute all
other documents, instruments and papers in the name of the Municipality
necessary or desirable to give control and management of its money and
investments that it does not require immediately to ONE JIB and to deliver all
documents, instruments and papers as required and as authorized by this By-law
and such execution shall be conclusive evidence that such documents,
instruments and papers so executed are the documents, instruments and papers
authorized by this By-law.
10. Sections 1 to 7 inclusive and sections 9 and 10 of this By-law shall take effect on
the day of passing and section 8 of this By-law shall take effect on the
Municipality's Prudent Effective Date.
Passed in Open Council this XX day of MMMM, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
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Attachment 2 to Report FSD-015-24
Number:
CP-XXX
Title:
Investment Policy
Type:
Financial Management
Sub -type:
Investments
Owner:
Finance and Technology
Financial Planning
Approved By:
Council
Approval Date:
April 22, 2024
Effective Date:
TBD
Revised Date:
. 11CK or iap to enter a date.
Applicable to:
Finance and Technology
1. Legislative or Administrative Authority:
1.1. This policy was developed in accordance with Section 418.1 of the Municipal
Act, 2001, which authorizes a municipality to invest money that it does not
require immediately in accordance with the prudent investor standard. The
policy follows the Ontario Regulation 438/97, Eligible Investments, Related
Financial Agreements and Prudent Investment.
2. Purpose:
2.1. This Investment Policy Statement (IPS) governs the investment of the
Municipality's Money Not Required Immediately (MNRI) and Money Required
Immediately (MRI). It is intended, among other things, to direct the Deputy
CAO, Finance and Technology/Treasurer in the investment of MRI and to
direct ONE Joint Investment Board (ONE JIB) in the investment of MNRI by
implementing the Authorizing By-law (by-law name/number) pursuant to which
the Municipality authorized the establishment of guidelines for the prudent
management of the Municipality's MNRI pursuant to section 418.1 of the Act.
2.2. In addition to the Municipality's MRI and MNRI, the Municipality is from time to
time entrusted with the management of money and investments for a third -
party beneficiary ("third -party trust funds").
2.3. There are also sources of money in which the Municipality may have an
indirect interest but which the Municipality currently has no authority to invest.
Such sources of money, referred to in this IPS as "designated funds", are listed
in Schedule A attached hereto. The designated funds are identified in this IPS
for the sole purpose of enabling the Municipality to better see, on an
aggregated basis, the various financial assets in which the Municipality has an
interest. The Municipality is not responsible for the investment activities or
performance of designated funds.
2.4. The goals of this IPS are to:
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a) Define and assign responsibilities for investment of MRI and MNRI;
b) Describe the Municipality's responsibilities with respect to third -party trust
funds and designated funds;
c) Ensure compliance with the applicable legislation;
d) Direct ONE JIB as to the Municipality's investment goals and risk
tolerance;
e) Provide guidance and limitations regarding the investments and their
underlying risks;
f) Establish a basis of evaluating investment performance and the
underlying risks; and,
g) Establish a reporting standard to Council.
2.5. This IPS applies to employees of the Municipality, to ONE JIB and to the
employees of ONE Investment. ONE JIB, the Deputy CAO, Finance and
Technology/Treasurer, and any agent or advisor providing services to ONE JIB
in connection with the investment of the portfolio shall accept and strictly
adhere to this IPS.
3. Scope:
3.1. This policy includes all funds that are managed by the Municipality of
Clarington.
4. Definitions:
4.1. Act — means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time
to time.
4.2. Agent — means any administrator, Custodian, payment servicer, portfolio
manager, investment counsel, consultant, banker, broker, dealer or other
service provider engaged or appointed by ONE JIB and authorized by ONE JIB
to exercise any of the functions of ONE JIB pursuant to a written agreement, in
the manner and to the extent provided in the Regulation and without limiting
the generality of the foregoing, Agent includes ONE Investment.
4.3. Asset Class — An asset class is a specific category of assets or investments,
such as cash, fixed income, equities, alternative investments, real estate etc.
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4.4. Asset Mix (or Asset Allocation) — means the proportion of each asset class
in a portfolio. Asset classes include bank deposits, money market securities,
bonds and equities, among other things.
4.5. Authorizing By-law — means a by-law of a Founding Municipality which
authorizes: (i) the entering into of the Initial Formation Agreement; (ii) the
establishment of ONE JIB; (iii) the approval of the Client Questionnaire and the
adoption of the IPS; and (iv) the entering into of the ONE JIB Agreement.
4.6. Benchmark — means an index that is representative of a specific securities
market (e.g. the S&P/TSX Composite Index, the FTSE/TMX 91 Day T-bill
Index, etc.) against which investment performance can be compared.
Performance benchmarks refer to total return indices in Canadian dollar terms.
4.7. CFA Institute — refers to the global, not -for -profit professional association that
administers the Chartered Financial Analyst (CFA) and the Certificate in
Investment Performance Measurement (CIPM) curricula and examination
programs worldwide, publishes research, conducts professional development
programs, and sets voluntary, ethics -based professional and performance
reporting standards for the investment industry.
4.8. Credit Risk — means the possibility of a loss resulting from a borrower's failure
to repay a loan or meet contractual obligations. That is, the risk that a lender
may not receive the owed principal and interest.
4.9. Custodian — means a specialized financial institution that is responsible for
safeguarding a municipality's investments and is not engaged in "traditional"
commercial or consumer/retail banking. Global custodians hold investments
for their clients in multiple jurisdictions around the world, using their own local
branches or other local custodian banks ("sub -custodians" or "agent banks").
4.10. Derivative — A derivative is a contract between two or more parties whose
value is based on an agreed -upon underlying financial asset (like a security) or
set of assets (like an index). Common underlying instruments include bonds,
commodities, currencies, interest rates, market indexes, and stocks.
4.11. Environmental, Social and Governance (ESG) Investing — means
considering and integrating ESG factors into the investment process, rather
than eliminating investments based on ESG factors alone. Integrating ESG
information can lead to more comprehensive analysis of a company.
4.12. Interest Rate Risk — refers to the possibility that the value of a bond or other
fixed -income investment will suffer as the result of a change in interest rates.
Interest rate risk can be managed to help improve investment outcomes.
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4.13. Internal Controls — means a system of controls that may include authorities,
policies, procedures, separation and segregation of duties, compliance checks,
performance measurement and attribution, reporting protocols, measures for
safekeeping of property and data, and the audit process.
4.14. Investment Plan — means the investment plan applicable to the Long -Term
Money investments and adopted by ONE JIB under the Regulation, as it may
be amended from time to time.
4.15. Investment Policy Statement (IPS) — means the investment policy applicable
to the Municipality's investments adopted and maintained by the Council of the
Municipality for Long -Term Money under the Regulation, and for Short -Term
Money, as the same may be amended from time to time. The IPS may also
apply to the money and investments held by the Municipality for the benefit of
persons other than the Municipality itself and may make reference to source(s)
of money in which the Municipality may have an indirect interest but which the
Municipality has no authority to invest.
4.16. JIB — is short for Joint Investment Board and means a joint municipal service
board that is established under section 202 of the Act by two or more
municipalities for the purposes of Part II of the Regulation.
4.17. Legal List Securities — means the securities and other investments and
financial instruments that are included from time to time in Part I of the
Regulation.
4.18. Leverage — means an investment strategy of using borrowed money —
specifically, the use of various financial instruments or borrowed capital —to
increase the potential return of an investment. Typically leverage also tends to
increase investment risks.
4.19. Local Distribution Corporation or LDC — means a corporation incorporated
under section 142 of the Electricity Act, 1998.
4.20. Long -Term Money — means money that the municipality has defined as long-
term and characterized as money that is not required immediately by the
Municipality as described in section 5.16 Monies that are Long Term Money
will be invested in accordance with the Prudent Investor Standard.-
4.21. Modern Portfolio Theory — means a theory of portfolio management that
looks towards the portfolio as a whole, rather than towards the prudence of
each investment in the portfolio. This is found in the CFA Institute Standards of
Practice Handbook.
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4.22. Money Required Immediately (MRI) — municipal funds not included in the
Money Not Required (MNRI) definition included in this policy, funds are
governed in accordance with Section 418 of the Act.
4.23. Money Not Required Immediately (MNRI) — long term municipal funds
defined in this policy, that are governed by the Prudent Investor Standard in
accordance with Section 418.1 of the Act.
4.24. Municipality — means the Municipality of Clarington.
4.25. OCIO Offering - means the comprehensive investment program made
available through ONE JIB pursuant to which a duly qualified investment
manager who is an External Portfolio Manager is engaged by ONE Investment
to advise a participating municipality with regard to the investment of the
participating municipality's Managed Assets and to invest and manage such
Managed Assets in accordance with the terms and conditions set out in the
ONE JIB Agreement.
4.26. ONE JIB - means ONE Joint Investment Board, established by certain
founding municipalities under section 202 of the Act as a JIB for purposes of
Part II of the Regulation, which is the duly appointed JIB for the Municipality, as
constituted from time to time and which acts in accordance with the Act, the
Regulation, the ONE JIB Agreement, including the Terms of Reference, this
IPS and the Investment Plan.
4.27. ONE JIB Agreement — means the agreement effective as of TBC, entered into
in accordance with the requirements of the Regulation, pursuant to which ONE
JIB has control and management of the Municipality's Long -Term Money.
4.28. Participating Municipality - means from time to time each of the
municipalities for whom ONE JIB acts as the JIB under the terms of the ONE
JIB Agreement.
4.29. Pooled Fund - means a unit trust established under a trust instrument,
generally not available to the public, in which institutional, sophisticated or high
net worth investors contribute monies that are invested and managed by an
External Portfolio Manager. Monies are pooled or combined with monies of
other investors.
4.30. Portfolio - means any collection of funds that are grouped together and
required for specific purposes.
4.31. Proxy Voting - means a legal transfer to another party of a shareholder's right
to vote thereby allowing shareholders who cannot attend meetings to
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participate. External Portfolio Managers usually vote proxies on behalf of their
clients.
4.32. Prudent Effective Date - means the date on which the prudent investor
regime applies to the Municipality.
4.33. Prudent Investor Standard - means the standard that applies when the
Municipality invests money that it does not require immediately under section
418.1 of the Act. It requires the Municipality to exercise the care, skill, diligence
and judgment that a prudent investor would exercise in making such an
investment and the standard does not restrict the securities in which the
Municipality can invest. The Prudent Investor Standard makes use of Modern
Portfolio Theory and applies the standard of prudence to the entire portfolio in
respect of the Municipality's Long -Term Money rather than to individual
securities. It identifies the fiduciary's central consideration as the trade-off
between risk and return as found in the CFA Institute Standards of Practice
Handbook.
4.34. Regulation — means Ontario Regulation 438/97.
4.35. Risk — means the uncertainty of future investment returns or chance of loss of
capital.
4.36. Risk Tolerance — means the financial ability and willingness to absorb a loss
in return for greater potential for gains.
4.37. Securities Lending — means loaning a security to another market participant.
The borrower is required to deliver to the lender, as security for the loan,
acceptable collateral with value greater than the value of the securities loaned.
The Securities Lending program is managed by the Custodian or another
appointed agent on behalf of investors. A Securities Lending program is widely
used by institutional investors to generate additional marginal returns on the
total portfolio.
4.38. Short -Term Money — means money that is required immediately by the
Municipality as described in section 5.14 and which remains under the control
and management of the Municipality. The money can be invested in
appropriate Legal List Securities.
4.39. Sinking Fund — means a fund established to fulfil the requirements to make
annual contributions in respect of various debenture issues wherein money is
to be regularly set aside for the payment of the principal of the debentures at
maturity.
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4.40. Sinking Fund Required Contributions (Annual Sinking Fund
Requirement) — means the amount of money to be set aside each year for
deposit into a sinking fund or a retirement fund, as applicable, for each sinking
fund and term debenture issue in accordance with the Municipality's debenture
by-laws.
4.41. Sinking Fund Required Earnings — means the investment earnings needed
for the Sinking Fund Contributions to continue to grow to a value sufficient to
repay the principal at maturity for each issue of sinking fund and term
debentures.
4.42. Sinking Fund Excess Earnings — means the investment earnings in excess
of the required earnings.
4.43. Treasurer — means the Deputy CAO, Finance and Technology/Treasurer, or
other individual appointed by Council to fill role of Treasurer as required by the
Municipal Act, 2001
5. Policy Requirements:
General Statements
5.1. Investments of Money Required Immediately (MRI) will, in accordance with this
IPS, only be made in Legal List Securities.
5.2. Investments of Money Not Required Immediately (MNRI) are governed by the
Prudent Investor Standard in accordance with Section 418.1 of the Act. This
standard is similar to that which governs trustees and pension fund
administrators and creates a fiduciary responsibility. Prudent investment in
compliance with the Act and the Regulation enhances the potential for the
Municipality to earn improved risk -adjusted rates of return.
5.3. Money and investments that the Municipality holds as third -party trust funds or
has an interest in as designated funds will be subject to applicable legislation
and any related agreements or instruments.
5.4. The Act provides that the Municipality, and therefore ONE JIB, must consider
the following criteria in planning investments of MNRI, in addition to other
criteria relevant to the circumstances:
a) General economic conditions;
b) The possible effect of inflation or deflation;
c) The role that each investment plays within the Municipality's total portfolio
of investments;
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Attachment 2 to Report FSD-015-24
d) The expected total return from income and the appreciation of capital;
and
e) Needs for liquidity, regularity of income and preservation or appreciation
of capital.
5.5. Use of Prudent Investor Standard
5.5.1. For MNRI, the standard to be used by the Municipality and ONE JIB shall be
the Prudent Investor Standard as required by section 418.1 of the Act and Part
II of the Regulation in the context of managing the Municipality's MNRI and
investments thereof. Investments shall be made with the care, skill, diligence,
and judgment, taking into account the prevailing circumstances, that persons of
prudence, discretion and integrity would exercise in the management of
investments, considering the necessity of preserving capital as well as the
need for income and appreciation of capital. The Act includes a duty to obtain
the advice that a prudent investor would obtain under comparable
circumstances.
5.5.2. Officers, employees and investment agents acting in accordance with written
procedures and the IPS and exercising due diligence shall take all necessary
actions to optimize performance of investments on a portfolio basis, taking into
account the prescribed risk and other parameters set out in this IPS and
market factors. The Municipality's staff acting in accordance with written
procedures and this IPS, shall be relieved of personal responsibility for an
investment's performance, provided underperformance relative to expectations
is reported to Council and the liquidation or sale of investments is carried out in
accordance with this IPS.
Determination of Money Required Immediately and Money Not Required
Immediately
5.6. Determination of the Municipality's MNRI is the responsibility of Council. In
making the determination, Council may consider:
5.6.1. the time horizon within which the monies are needed to meet financial
obligations;
5.6.2. the purpose for which the monies have been collected or set aside and are to
be used;
5.6.3. the source of the money; or
5.6.4. any combination of the foregoing
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Attachment 2 to Report FSD-015-24
5.7. There is no legislated definition of MRI or MNRI and no guidance is provided..
The municipality has the responsibility to define the basis of MNRI in a way
that is most appropriate for their circumstances.
5.8. The Municipality defines MNRI as funds that are, in the opinion of the
Treasurer, required within the next 36 month period
5.9. For certainty, all money and investments of the Municipality that have not been
identified as MNRI (other than third -party trust funds and any designated funds
referenced in Section 5.3) shall be deemed for purposes of this IPS to be MRI.
5.10. Determination of the Municipality's MNRI and MRI may be modified at any time
and from time to time by action of Council and with respect to specific money
by the Treasurer in accordance with the provisions of Section 5.35.
5.11. Any changes in this IPS regarding the Municipality's MNRI and MRI must be
communicated immediately in writing to ONE JIB.
5.12. The Municipality's portfolios represent funds required for specific purposes. A
high-level description of each of these portfolios and their objectives is
provided in Section 5.17 below. This IPS applies to the following money of the
Municipality, its agencies, boards and commissions including:
5.12.1. MRI which is invested in Legal List Securities; and/or
5.12.2. MNRI which is invested under the Prudent Investor Standard.
Investment
5.13. The Municipality's MRI is described in this IPS as Short -Term Money. Short -
Term Money consists of money that is needed to meet the short-term financial
obligations of the Municipality and are controlled and managed by the, Finance
Treasurer or designate.
5.14. Short -Term Money: Investment Objectives
5.14.1. The main focus of the investment of Short -Term Money is cash management,
and the interest income generated by the investment of these monies
contribute to municipal revenues. To the extent possible, the Municipality shall
attempt to match its investments with anticipated obligations.
5.14.2. Capital preservation is the paramount objective for short-term investments, and
these investments need to be highly liquid. Consequently, only high -quality,
short-term investments that are also Legal List Securities will be held in this
portfolio. The Municipality may invest in fully liquid money market securities
and deposit accounts. The Municipality aims to maximize returns subject to the
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Attachment 2 to Report FSD-015-24
constraints set out in Part I of the Regulation, as amended from time to time,
with a view to preserving capital and to further manage risk through
diversification by issuer and credit quality.
5.14.3. The investment objectives for short term money, ranked in priority, are as
follows:
a) Security of Principal
The primary objective for MRI is to ensure the security of principal. To minimize
the risk of loss, investments shall be subject to minimum credit ratings and
shall be diversified by maturity, type of investment and issuer. Investing
activities will be reviewed on a regular basis as actual, revised and forecasted
operating and capital plans are completed. Maturity dates should be structured
so that investment cash inflows occur when needed.
b) Liquidity Requirements
Liquidity is measured by the ease with which securities can be converted to
cash to meet forecast spending. The investments that are eligible under
Ontario's Eligible Investments and Related Financial Agreements Regulation
possess different features and thus market prices will vary depending on
market conditions, as well as the particular features of the type of investment.
To ensure adequate liquidity, the Municipality's investments shall be diversified
by holding securities of various terms to maturity and by various types of
investments and issuers and to the extent possible, the term of such
investments shall match the forecasted requirements for such monies to meet
expenditures.
c) Rate of Return
The Municipality's money shall be invested to maximize the rate of return
within acceptable risk levels while respecting the security of principal, legal
constraints and the liquidity needs of each investment portfolio.
The composition of each portfolio, including its term to maturity and type of
investments, shall be adjusted within the guidelines of this Policy to take
advantage of market opportunities. Such changes shall be made with the
periodic interest rate outlook and target portfolio structure approved by the
Treasurer.
5.15. Short -Term Money: Eligible Investments
5.15.1. Short Term Money may be invested in high quality, short-term investments that
are also Legal List Securities available from banks, dealers and other financial
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Attachment 2 to Report FSD-015-24
institutions. Investments issued or guaranteed by approved institutions will be
permitted by this Policy, as deemed eligible by Ontario Regulation 438/97 or as
authorized by subsequent provincial regulations. Investments will be limited to
securities issues maintaining a minimum credit rating by an appropriate credit
rating agency.
5.15.2. The Municipality's existing Investment Policy CP-003, which is referred to in
Part I of the Regulation as a statement of investment policies and goals, is
attached as Appendix III and will apply to its Short -Term Money. Necessary
modifications will apply and in the event of a conflict between this IPS and the
attached investment policy in respect of the Short -Term Funds, the provisions
of the CP-003 Investment Policy (Legal List) will prevail.
5.16. MNRI: Long -Term Money
5.16.1. The Municipality's MNRI is described in Section 5.8 as Long -Term money. In
accordance with the ONE JIB Agreement and this IPS, ONE JIB has exclusive
control and management of the Long -Term Money and the investments made
therewith.
5.16.2. From time to time, the Municipality may require money immediately to meet
financial obligations and may require ONE JIB to liquidate one or more
investments in order to generate money to meet those obligations. ONE JIB
will select the investment(s) to be liquidated. The timing of such liquidation will
be determined by ONE JIB in consultation with the Treasurer.
5.17. Long -Term Money: Investment Objectives
5.17.1. In setting the objectives noted below, the Municipality has taken into account
the following considerations:
a) Preservation of capital;
b) Adequate liquidity that takes into account the needs of financial
obligations and reasonably anticipated budgetary requirements;
c) Diversification by asset class, market, sector, issuer, credit quality and
term to maturity;
d) Income and capital appreciation; and,
e) Macro risks, such as inflation, economic growth and interest rates.
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5.17.2. Investment of long-term money is to be managed by ONE JIB in a way that
balances the investment objectives, expected returns and risk, to develop
asset allocations that achieve the Municipality's financial needs with stated risk
tolerances.
5.17.3. The investment objectives for MNRI are as follows:
Short Term
Medium Term
Long Term
Preservation of
Capital
Contributions
towards capital
projects, mitigating
inflation impacts
and meeting target
funding
requirements
Contributions
towards capital
projects, mitigating
and meeting target
funding
requirements.
Emphasis on long
term inflation
adjusted growth
Low Risk
Moderate Risk
Moderate to
Moderate High
Risk
3-4 years
5-10 years
> 10 Years
5.17.4. The MNRI invested with ONE JIB will be broadly diversified to help reduce the
volatility of investment returns. Returns have an impact on revenues, as well
as a longer -term impact on future years' budgets and should, at a minimum,
keep pace with inflation. To the extent possible, the Long -Term Money's
investment horizons are aligned with the Municipality's obligations and cash
flow requirements and may consist of liquid and non -liquid securities based on
future cash flow requirements.
5.18. Long -Term Money: Eligible Investments
5.18.1. Eligible investments for Long -Term Money include any Pooled Fund or other
collective investment vehicle or institutional investment management product
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that is part of the OCIO Offering for the Prudent Investment Program (Prudent
Investment Offering), provided always that the products and the selection of
products comply in all material respects with the IPS.
5.18.2. Additionally, nothing in this IPS prevents Long -Term Money from being held in
cash, short-term money market instruments, or overnight deposits.
5.19. Long -Term Money: Sinking Funds
5.19.1. There are no provisions applicable for sinking funds.
5.20. Long -Term Money: Local Distribution Corporation (LDC) Securities
5.20.1. The direct investment in LDC shares and/or promissory notes, as may be
applicable, prior to the Prudent Effective Date, shall be permitted and included
as part of the Long -Term Money/MNRI held by ONE JIB. Specific details of this
investment shall be approved by Council in its sole and absolute discretion,
and ONE JIB shall adhere to all terms and conditions as directed by the
Municipality. More specifically, ONE JIB shall be prohibited from selling,
transferring, assigning, or pledging the LDC shares.
5.20.2. LDC shares are considered restricted, special assets and remain in the
custody of the Municipality. LDC shares are to be viewed as separate
standalone investments with the subject matter expertise and administrative
functions remaining under the purview of the Municipality of Clarington. Council
retains direct, de facto control of the LDC shares and ONE JIB shall adhere to
all terms and conditions as directed. More specifically, Council controls all
acquisition and disposition decisions related to current and future LDC assets.
Any voting related to LDC shares will be undertaken solely by the Municipality.
5.20.3. The investment in LDC shares will not be included in calculations regarding
asset mix/allocations or other constraints that apply to the Long -Term Money.
5.20.4. The investment in Elexicon Corporation is considered to be an investment in
an LDC for the purposes of this policy as it is the sole shareholder of Elexicon
Energy which is an LDC.
5.21. Third -Party Trust Funds and Designated Funds
5.21.1. In addition to the Municipality's own money, the Municipality is from time to
time entrusted with third -party trust funds, and the Municipality's
responsibilities and obligations with respect thereto may be subject to other
legislation and governed by other agreements and instruments. To the extent
that there is any conflict or inconsistency between the provisions of this IPS
and the terms and conditions contained in such other legislation, agreements
or instruments applicable to third -party trust funds, the latter shall prevail.
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5.21.2. The Municipality's third -party trust funds and the designated funds are listed in
Schedule A.
5.21.3. For certainty, the third -party trust funds and the designated funds are not MNRI
of the Municipality, and such monies are not under the control or management
of ONE JIB.
Investment Management
5.22. Investment Management of Short -Term Money
5.22.1. The investment of Short -Term Funds shall be controlled and managed by the
Treasurer.
5.23. Investment Management of Long -Term Money
5.23.1. The investment of Long -Term Money shall be controlled and managed by ONE
JIB in accordance with this IPS.
5.23.2. An Outsourced Chief Investment Officer ("OCIO") and/or External Portfolio
Managers shall be appointed by ONE JIB, and they shall each enter into an
agreement with ONE Investment that complies with this IPS and Part 11 of the
Regulation and provide for delivery of compliance and performance reports. In
accordance with the applicable regulatory requirements, ONE JIB shall make any
OCIO and/or External Portfolio Managers changes deemed in the best interest of
the participating municipalities. ONE Investment shall agree on a set of
operational guidelines including constraints, discretion limits, diversification and
quality standards, and performance expectations, which are documented in the
OCIO's and/or External Portfolio Managers' guidelines.
5.24. Transition to Prudent Investor Regime
5.24.1. Until the Prudent Effective Date, the Municipality will continue to control and
manage its MRI, MNRI and investments in Legal List Securities. Some Legal
List investments were made with MRI and some with MNRI.
5.24.2. Upon and after the Prudent Effective Date, the control and management of
money and investments that are determined to be not required immediately
shall be given to ONE JIB. Nothing in this IPS requires that such investments
need be liquidated or disposed of. It is not contrary to this IPS for investments
that the Municipality does not require immediately to be held, and to continue
to be held by, ONE JIB in instruments such as term deposits, guaranteed
investment certificates or principal protected notes issued by a financial
institution. They can be held to maturity and invested upon receipt of cash
proceeds.
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5.24.3. Management of third -party trust funds and any designated funds is not directly
affected by the Prudent Effective Date.
Investment Constraints
5.25. Environmental, Social and Governance (ESG) Investing
5.25.1. The Municipality supports ESG investing for Short -Term and Long -Term
Money. The Municipality believes that well -managed companies are those that
demonstrate high ethical and environmental standards and respect for their
employees, human rights, and the communities in which they do business, and
that these actions contribute to long term financial performance.
5.25.2. The Municipality has chosen to monitor the developments of ESG factors and
will reconsider its approach to ESG investing for the Short -Term Portfolio as
and when appropriate to do so.
5.25.3. For the investment of Long -Term Money, ONE JIB is required to explore how
External Portfolio Managers are implementing responsible investing principles
at the time of hiring and during periodic reviews. It may report on results
periodically, if requested.
5.26. Securities Lending
5.26.1. For the investment of Short -Term Money, Securities Lending is not permitted.
5.26.2. For the investment of Long -Term Money, the Municipality may invest in pooled
funds, and other investment funds that are managed by an External Portfolio
Manager who may engage in Securities Lending if the policies of the External
Portfolio Manager permit such an action.
5.27. Derivatives
5.27.1. Derivatives may not be used for speculative purposes. They may be used for
the investment of Long -Term Money where they are fully covered by a backing
asset, e.g., as for currency or other hedging, to change portfolio duration or in
covered call strategies.
5.28. Use of Leverage
5.28.1. Nothing in this IPS prevents the use of leverage, provided it is prudent to do
so. Leverage is inherent in the use of certain types of investment strategies
and instruments. Where leverage is employed, ONE JIB (for MNRI) and the
Treasurer (for MRI) shall have in place monitoring procedures to manage
overall exposure to any counterparty Leverage is not a strategy currently
employed by ONE JIB but may be considered at a later date.
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5.29. Pooled Funds
5.29.1. All investment strategies may be pursued directly through holdings of corporate
and government issuers and indirectly via pooled funds and investment funds
or any combination thereof. The investment strategies may also include
allocations to cash or short-term investment vehicles.
5.30. Currency Hedging
5.30.1. The Short -Term Portfolio may consider the utilization of currency hedging only
in cases where the Municipality can allocate the hedge to a specific capital
purchase denominated in a foreign currency.
5.30.2. The Municipality's funding requirements are in Canadian dollars. However,
some exposure to foreign currencies in the Long -Term Portfolio may be
advantageous to provide diversification and potentially enhance returns.
Therefore, it shall not be a violation of this IPS for investments in global
mandates to be unhedged, in whole or in part, where the diversification
benefits embedded in the currency exposure are considered to be beneficial or
desirable by ONE JIB.
5.31. Prohibited Investments
5.31.1. There are no investments specifically listed as prohibited.
5.32. Performance Monitoring, Rebalancing and Management
5.32.1. Short -Term Money
5.32.2. Reporting of Short -Term Money shall be in accordance with policy CP-003
Investment Policy (Legal List).
5.32.3. Long -Term Money
5.32.4. For the investment of Long -Term Money, ONE JIB shall establish parameters
for monitoring investments and rebalancing through policy or directly within the
investment plan.
5.32.5. Investments are expected to achieve returns at least equal to their benchmarks
measured over a rolling five-year period. At minimum, ONE JIB shall provide
reporting described in Section 6.7 that shows the Municipality's holdings,
declares compliance with this IPS, and shows External Portfolio Manager
performance.
Administrative Policies
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5.33. Flow of Money and Annual Municipal Budget
5.33.1. On an annual basis, as part of the Municipality's Annual Review process, the
Municipality shall identify the amount, if any, of Long -Term Money that it holds.
Any Long -Term Money not already under the control and management of ONE
JIB shall be transferred to ONE JIB as soon as practicable.
5.33.2. On an annual basis, ONE JIB shall be notified by the Treasurer as to the
amount, if any, required by the Municipality from the Long -Term Money then
under the control and management of ONE JIB for the Municipality's
operational purposes. Such amount shall be deemed to be Short -Term Money
and shall be returned to the Municipality in a lump sum or by way of periodic
payments, as directed by the Treasurer.
5.34. Flow of Money Otherwise than through the Budget Process
5.34.1. The Short -Term Funds capture revenues received by the Municipality during
each year after the approval of the Municipality's budget for the year. Any
amounts deemed to be MNRI by the Treasurer at any such time during the
year shall be transferred to ONE JIB to be under its management and control
as Long -Term Funds. Amounts so transferred will be recorded annually in the
Investment Plan and allocated by ONE JIB in accordance with the Investment
Plan.
5.35. Contingencies
5.35.1. The Treasurer is authorized to direct ONE JIB to return any amounts
determined by the Treasurer to be required to meet expenditures for
unexpected contingencies not anticipated by the Municipality's budget in force
for that year, provided however that the aggregate of the amounts to be
returned to the Municipality under this Section 6.2.2 during the year shall not
exceed 25% of the Long -Term Money under the control and management of
ONE JIB as at the date that the Municipality approved its budget for the year
(the Budgeted Long -Term Money). In determining the Budgeted Long -Term
Money for purposes of calculating the 25% limit, any Long -Term Money to be
transferred to the control and management of ONE JIB in accordance with that
year's Annual Review pursuant to Section 5.41.2 shall be included and any
amount to be returned by ONE JIB to the Municipality pursuant to Section 6.1.2
shall be excluded.
5.36. Valuation of Investments
5.36.1. Investments shall be valued according to the values provided by the
Custodian(s). For the investment of Long -Term Money, values of unitized
vehicles shall be valued according to the unit values published by the
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Custodian. Other investments shall be valued at their market value when that
is available from regular public trading. If a market valuation of an investment is
not available, then a fair value shall be supplied by the External Portfolio
Manager to the Custodian no less frequently than quarterly.
5.37. Voting Rights
5.37.1. Subject to the provisions of Section 5.2.4 with respect to LDC securities, where
External Portfolio Managers have been appointed, such External Portfolio
Managers shall assume the responsibility of exercising voting rights and will
report their voting policies to ONE JIB annually. The Municipality may access
these policies at any time.
5.38. Internal Controls
5.38.1. The Treasurer shall establish an annual process of review of all investments
made under this IPS. This review will provide internal control by assuring
compliance with governing legislation and with policies and procedures
established by the Treasurer. To the extent ONE JIB's input is needed, these
requirements will be communicated in advance to ONE JIB.
5.39. Custodians
5.39.1. All investments and assets of the investment portfolios shall be held by a
Custodian and any of the Custodian's sub -custodians or nominees. For Long -
Term Money, the Custodian shall be acceptable to ONE Investment. For Short -
Term Money the Custodian shall be acceptable to ONE Investment if ONE
Investment products are being used for the investment of the Municipality's
Short -Term Money, otherwise the Custodian shall be acceptable to the
Municipality.
5.40. Reporting
5.40.1. For the investment of Short -Term Money (MRI), the Treasurer shall report at
least annually to Council, the report to be in a form and contain such content
as Council may request. Subject to any reporting obligations contained in the
Municipality's Investment Policy (Legal List) the report to Council shall include
investment performance during the period covered and any other information
required under the Regulation and that the Treasurer may consider to be
pertinent.
5.40.2. The Regulation provides that ONE JIB shall submit an investment report to
Council in respect of the investment of Long -Term Money (MNRI) at least
annually. This report shall include the following.
a) Investment performance during the period covered by the report;
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Attachment 2 to Report FSD-015-24
b) Asset mix of the total portfolio;
c) A listing of individual investments held at the fund level at the end of the
reporting period showing, where appropriate, book value, market value,
realized/unrealized gains/losses and actual income received;
d) A list of all transactions including the security name, trade date, and the
purchase and/or sale price;
e) A statement by the Treasurer as to whether all investments were made in
accordance with the IPS and as to whether all investments were made in
accordance with the Investment Plan; and
f) Any other pertinent information in the opinion of the Treasurer.
5.40.3. All securities invested on behalf of the Municipality by ONE JIB or with the
assistance of ONE Investment shall be held for safekeeping in the name of the
Municipality by a Custodian.
5.41. Approval, Subsequent Modifications and Effective Date
5.41.1. Policy CP-003 Investment Policy shall be renamed CP-003 Investment Policy
(Legal List) and will be reviewed on an annual basis.
5.41.2. At least annually, Council shall review the IPS and update it, if required. In the
course of reviewing the IPS, Council may request comments from the
Treasurer with respect to the investment of Short -Term Money and from ONE
JIB with respect to the investment of Long -Term Money.
5.41.3. Following the Council's review of the IPS, ONE JIB shall review the Investment
Plan and update it, if required.
5.41.4. At a minimum, the annual IPS review will consider:
a) the adequacy of funding for capital works;
b) the Municipality's ability to reduce other spending;
c) flexibility of the timeframe to payout; and
d) sensitivity to loss.
5.42. Effective Date
5.42.1. This IPS is adopted by Council of the Municipality, and will come into force
effective the date of the Prudent Effective Date Agreement as signed by ONE
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JIB and the Municipality.. The Treasurer is directed to sign a copy of this IPS to
evidence approval and to deliver a copy of this IPS to ONE JIB.
6. Roles and Responsibilities:
6.1. Council is responsible for:
6.1.1. Approving the Municipality's Investment Policy and reviewing the policy on an
annual basis.
6.2. Chief Administrative Officer (CAO) is responsible for:
6.2.1. Ensuring compliance with this policy
6.3. Deputy CAO, Finance and Technology/Treasurer is responsible for:
6.3.1. This IPS is approved and adopted by Council with input from the Treasurer,
and from ONE JIB with respect to MNRI. MRI of the Municipality, and any third -
party trust funds referenced in Section 5.3, remain under the control and
management of the Treasurer.
6.3.2. Consistent with this IPS, the Treasurer is responsible for the implementation of
the investment program and the establishment of investment procedures which
shall include:
a) Investment management of MRI and any third -party trust funds
referenced in Section 5.3 by, or under the direction of, the Treasurer;
b) The deposit or withdrawal of MNRI, under the explicit delegation of
authority regarding MNRI, and the investment thereof, to ONE JIB, which
is responsible for the control and management of such funds and
investments; and,
c) A system of controls exercised by the Treasurer to regulate the activities
of employees.
6.3.3. No person including, without limitation, ONE JIB, may engage in an investment
transaction except as provided under the terms of this IPS.
6.3.4. In the management of MRI of the Municipality, and any third -party trust funds
referenced in Section 2.1, the Treasurer may engage one or more agents and
service providers. ONE Investment can assist with the investment of the
Municipality's MRI, in Legal List Securities, and with the investment of third -
party trust funds, in accordance with the terms of the applicable trust, if
permitted, at the request of the Municipality.
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6.4. ONE JIB is responsible for:
6.4.1. ONE JIB has been appointed by the Municipality in accordance with the
requirements of the Act and the Regulation and on the terms and conditions
set out in the ONE JIB Agreement (Appendix 1).
6.4.2. ONE JIB exercises control and management of the Municipality's MNRI and
the investments made by it in accordance with the objectives and risk tolerance
established in this IPS.
6.4.3. Among the responsibilities of ONE JIB are the following:
a) Reviewing this IPS;
b) Adopting and maintaining an Investment Plan that complies with this IPS;
c) Engaging External Portfolio Managers, Custodians, administrators and
other investment professionals (Agents);
d) Allocating the money and investments under its control and management
among External Portfolio Managers and their funds in compliance with
this IPS;
e) Monitoring the performance of the Agents; and,
f) Reporting to the Municipality.
6.4.4. The foregoing is subject to the more detailed terms and conditions contained in
the ONE JIB Agreement.
6.4.5. ONE JIB, in its capacity as a joint municipal service board, in addition to being
a local board of each member Municipality is subject to a Code of Conduct as
required by the Municipal Act, 2001 (the "Act"). This Code of Conduct applies
to the Chair and the other Members of ONE JIB acting in their capacity as
Members of ONE JIB.
6.5. All Staff are responsible for:
6.5.1. Individuals who are responsible for the Municipality's Short -Term Portfolio shall
comply with the Municipality's Conflict of Interest guidelines and any relevant
professional codes of conduct (e.g., the CPA Code of Professional Conduct).
7. Related Documents:
7.1. CP-003 Investment Policy (Legal List)
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7.2. O.Reg.438/97: Eligible Investments, Related Financial Agreements and
Prudent Investment
8. Inquiries:
8.1. Manager, Financial Planning/Deputy Treasurer
8.2. Deputy CAO, Finance and Technology/Treasurer
9. Revision History:
Date � Description of Changes � Approved By
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March 4, 2024
MASTER COPY
Between
ONE JOINT INVESTMENT BOARD
and r
ONE INVESTMENT
and
Each of the Municipalities Listed in Schedule A hereto
(PARTICIPATING MUNICIPALITIES)
29
and
[NAME OF MUNICIPALITY]
THE APPLICANT MUNICIPALITY
Approved on May 19, 2020
Dated as of July 2, 2020
As updated to December 15, 2023
201941 10.3
Table of Contents
Page
Section 1 - INTERPRETATION.........................................................................................................................2
1.01
Definitions...........................................................................................................................2
1.02
Governing Law.....................................................................................................................5
1.03
Headings and Table of Contents.........................................................................................5
1.04
Number and Gender...........................................................................................................
5
1.05
Severability..........................................................................................................................5
Section 2 - ONE
JOINT INVESTMENT BOARD................................................................................................5
2.01
Appointment.......................................................................................................................5
2.02
Exclusive Appointment.......................................................................................................5
2.03
Delegation...........................................................................................................................6
2.04
Acceptance..........................................................................................................................6
2.05
Acceptance by Participating Municipalities........................................................................6
Section 3 - DUTIES OF ONE JIB......................................................................................................................6
3.01
Duties..................................................................................................................................6
3.02
Engagement of Agents........................................................................................................
6
3.03
Role of ONE Investment......................................................................................................7
3.04
Monitoring Performance....................................................................................................7
3.05
Further Authorizations........................................................................................................7
3.06
OCIO Offering......................................................................................................................8
Section 4 - REPRESENTATIONS AND WARRANTIES........................................................................................8
4.01
Representations and Warranties of Applicant Municipality...............................................8
4.02
Representations and Warranties of Participating Municipalities.......................................8
4.03
Representations and Warranties of Founding Municipalities.............................................9
4.04
Representations and Warranties of ONE JIB.......................................................................9
4.05
Representations and Warranties of ONE Investment.........................................................9
Section 5 - INVESTMENT POLICY AND INVESTMENT PLAN.........................................................................10
5.01
Investment Policy..............................................................................................................10
5.02
Investment Plan................................................................................................................11
5.03
Amendments.....................................................................................................................11
5.04
Additions and Withdrawals of Money and Investments...................................................12
Section6 - AGENTS
......................................................................................................................................13
6.01
Authority...........................................................................................................................13
6.02
Administrator . ...................................................................................................................
13
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(continued)
Page
6.03
Custodian..........................................................................................................................14
6.04
External Portfolio Managers.............................................................................................14
6.05
No rights to assets.............................................................................................................14
Section 7 - COMPOSITION AND GOVERNANCE OF ONE JIB........................................................................14
7.01
Appointment and Term of Members................................................................................14
7.02
Prohibition re Membership...............................................................................................14
7.03
Municipal Treasurers.........................................................................................................15
7.04
Procedural and Other Matters Relating to ONE JIB..........................................................15
7.05
Paramountcy.....................................................................................................................15
Section8 - REPORTING
................................................................................................................................15
8.01
Annual Investment Report................................................................................................15
8.02
Compliance Reporting.......................................................................................................16
Section 9 - FEES
AND EXPENSES..................................................................................................................16
9.01
Fees and expenses............................................................................................................16
9.02
Fees Payable to Agents.....................................................................................................16
Section 10 - STANDARD OF CARE AND LIMITATION OF LIABILITY...............................................................16
10.01
Standard of Care...............................................................................................................16
10.02
Limitation on liability.........................................................................................................16
10.03
Indemnification.................................................................................................................16
10.04
Performance of Trusts.......................................................................................................17
10.05
Where IPS Imprudent.......................................................................................................17
Section 11 - COMPLAINTS HANDLING.........................................................................................................17
11.01
Initial Complaints..............................................................................................................17
11.02
Escalation..........................................................................................................................18
Section 12 - AMENDMENTS TO THE AGREEMENT......................................................................................18
12.01
Amendments not Requiring Approval of Participating Municipalities .............................18
12.02
Amendments Requiring Approval of Participating Municipalities....................................19
12.03
Restatements....................................................................................................................20
Section 13 - WITHDRAWAL
.........................................................................................................................20
13.01
Withdrawal from ONE JIB by Regulation..........................................................................20
13.02
Withdrawal from ONE JIB by a Participating Municipality that is not a Founding
Municipality.......................................................................................................................
20
13.03
Withdrawal from ONE JIB by a Founding Municipality.....................................................20
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Page
13.04 Procedures re Withdrawal................................................................................................21
Section 14 - DIRECTIONS, INSTRUCTIONS AND NOTICES............................................................................21
14.01 Certificate re Authorized Persons.....................................................................................
21
14.02 Reliance on Authorized Persons.......................................................................................22
14.03 Reliance on Experts and Others........................................................................................22
Section 15 - TERM AND TERMINATION.......................................................................................................23
15.01 Termination of Agreement................................................................................................23
15.02 Participating Municipalities may not Dissolve ONE JIB.....................................................23
Section16 - GENERAL.................................................................................................................................23
16.01 Notice................................................................................................................................23
16.02 Application of the Municipal Affairs Act...........................................................................
24
16.03 Further action...................................................................................................................24
16.04 Benefit...............................................................................................................................24
16.05 Counterparts.....................................................................................................................24
16.06 Electronic Signatures.........................................................................................................24
SCHEDULE A PARTICIPATING MUNICIPALITIES (INCLUDING ADDRESS FOR NOTICES)................................27
SCHEDULE B FORM OF AUTHORIZING AND PRUDENT INVESTOR ENABLING BY-LAW FOR APPLICANT
MUNICIPALITIES..........................................................................................................................................28
SCHEDULE C TERMS OF REFERENCE FOR ONE JIB......................................................................................32
1. ESTABLISHMENT & PURPOSE..............................................................................................................32
2. DEFINITIONS AND INTERPRETATION...................................................................................................32
3. DUTIES AND RESPONSIBILITIES...........................................................................................................32
3.1 Compliance with Municipal Legislation............................................................................32
3.2 Member Responsibility to Comply with Act and Regulation............................................33
3.3 Enumerated Duties...........................................................................................................33
3.4 ONE JIB Reports to the Participating Municipalities.........................................................34
3.5 ONE JIB Reports to the Municipal Treasurer.....................................................................34
3.6 ONE JIB Reports to Securities Regulatory Authorities......................................................35
3.7 Secretary to ONE JIB.........................................................................................................35
3.8 Legal and Other Advisors..................................................................................................
35
4. CONSTITUTION....................................................................................................................................35
4.1 Number and Quorum........................................................................................................35
4.2 Qualification......................................................................................................................35
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Page
4.3
Appointment of Members and Nominating Committee...................................................36
4.4
Consent.............................................................................................................................36
4.5
Adherence to Code of Conduct.........................................................................................36
4.6
Vacancies of Office............................................................................................................37
4.7
Resignations......................................................................................................................37
4.8
Removal of Member.........................................................................................................38
4.9
Terms.................................................................................................................................38
4.10
Orientation and Continuing Education.............................................................................38
4.11
Chair and Vice-Chair..........................................................................................................38
4.12
Committees.......................................................................................................................39
4.13
Self Assessments...............................................................................................................39
5.
MEETINGS OF ONE JIB.........................................................................................................................40
5.1
Calling and Place of Meetings...........................................................................................40
5.2
Notice of Meeting.............................................................................................................40
5.3
Persons Entitled to Participate..........................................................................................40
5.4
Conduct of Meetings.........................................................................................................40
5.5
Minutes of the Meetings and other Records....................................................................40
6.
CONFLICTS OF INTEREST.....................................................................................................................41
6.1
Application of the Municipal Conflict of Interest Act........................................................41
6.2
Duty to Disclose................................................................................................................41
7.
STANDARD OF CARE AND INDEMNITY................................................................................................41
7.1
Standard of Care...............................................................................................................41
7.2
Indemnification.................................................................................................................
42
7.3
Liability..............................................................................................................................42
7.4
Insurance...........................................................................................................................
42
8.
FEES AND EXPENSES............................................................................................................................43
8.1
Compensation...................................................................................................................43
8.2
Reimbursement of Expenses............................................................................................43
9.
CONFIDENTIALITY
................................................................................................................................43
9.1
Maintaining Confidentiality..............................................................................................43
9.2
Public Statements and Dealing with Media......................................................................44
10.
AMENDMENTS....................................................................................................................................44
10.1
General..............................................................................................................................44
iv
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Table of Contents
(continued)
Page
10.2 Amendments.....................................................................................................................44
10.3 Electronic Delivery............................................................................................................45
10.4 Computation of Time........................................................................................................45
10.5 Omissions and Errors........................................................................................................45
EXHIBIT A ONE JOINT INVESTMENT BOARD CODE OF CONDUCT.......................................................46
APPENDIX A ONE JOINT INVESTMENT BOARD CODE OF CONDUCT COMPLAINT PROTOCOL ............
58
EXHIBIT B CLOSED MEETINGS PERMITTED OR REQUIRED..................................................................72
EXHIBIT C ONE JIB MAY REFUSE DISCLOSURE OF A RECORD..............................................................74
EXHIBIT D COMPENSATION FOR ONE JIB MEMBERS..........................................................................75
EXHIBIT E PROCESS TO APPOINT INTEGRITY COMMISSIONER AND CLOSED MEETING INVESTIGATOR
.............................................................................................................................................................
76
SCHEDULED FEES AND EXPENSES..............................................................................................................77
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ONE JOINT INVESTMENT BOARD AGREEMENT
This Agreement Amended and Restated as of December 15, 2023 made between
ONE JOINT INVESTMENT BOARD
and
ONE INVESTMENT
and
Each of the Municipalities Listed in Schedule A hereto
and
[NAME OF MUNICIPALITY]
THE APPLICANT MUNICIPALITY
RECITALS:
A. ONE Joint Investment Board was established by the Founding Municipalities as a Joint Investment
Board under section 202 of the Municipal Act, 2001 (the Act) and in accordance with Part II of
Ontario Regulation 438/97 (the Regulation);
B. The Regulation provides that ONE Joint Investment Board (ONE JIB) is a joint municipal service
board established under section 202 of the Act for the purposes of Part II of the Regulation;
C. The Founding Municipalities have entered into the Initial Formation Agreement pursuant to which
they agreed to establish and invest through ONE JIB and they have agreed to invest through ONE
JIB in accordance with this Agreement;
D. The Applicant Municipality wishes to make investments pursuant to the provisions of section
418.1 of the Act, and in connection therewith, the Applicant Municipality proposes to pass a by-
law (the Prudent Investor Enabling By-law) to have section 418.1 of the Act apply to it;
E. Under the Regulation, the Applicant Municipality, provided that it is not a Founding Municipality,
must have entered into an agreement with the parties hereto before the day that the Applicant
Municipality passes its Prudent Investor Enabling By-law;
F. ONE JIB is committed to performing its duties and responsibilities in a manner that is consistent
with the Municipal Legislation, as defined below;
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NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties,
the parties hereto agree as follows:
SECTION 1 - INTERPRETATION
1.01 Definitions.
In this Agreement
Act means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time;
Administrator means at any time an entity approved by ONE JIB from time to time to provide
administrative and recordkeeping services including receiving and implementing investment
instructions, keeping records of holdings and providing reports of such holdings;
Agent means any Administrator, Custodian, Payment Servicer, External Portfolio Manager,
consultant, banker, broker, dealer, or other service provider engaged or appointed by ONE JIB
and authorized by ONE JIB to exercise any of the functions of ONE JIB pursuant to a written
agreement, in the manner and to the extent provided in the Regulation and without limiting the
generality of the foregoing, Agent includes ONE Investment;
Agreement means this agreement, any schedules attached to this agreement from time to time
as the agreement and the schedules may be added, amended, deleted, supplemented, restated,
renewed or replaced from time to time;
Authorized Person has the meaning set out in Section 14.01;
Authorizing By-law means any by-law or other action of the Applicant Municipality (whether or
not it is also a Founding Municipality) or a Participating Municipality to authorize such
Municipality to enter into and be bound by this Agreement and to do all things in furtherance of
this Agreement, including the approval and adoption of such Municipality's IPS, but in the case of
a Founding Municipality, an Authorizing By-law does not include the Municipality's Prudent
Investor Enabling By-law and in the case of a Participating Municipality that is not a Founding
Municipality, an Authorizing By-law can also include such Municipality's Prudent Investor Enabling
By-law;
Banking Day means a day on which the Payment Servicer and the Custodian are open for business
in Toronto, Ontario, other than a Saturday or a Sunday or a statutory holiday in Toronto, Ontario;
CHUMS means CHUMS Financing Corporation and its successors;
Custodian at any time means a financial institution which at such time has been approved by ONE
JIB to provide custodial and other custody related services in connection with the Participating
Municipality's investments;
External Portfolio Managers means external third -party investment management firms whose
investment and advisory services and product offerings are accessed by ONE JIB directly (including
in connection with the OCIO Offering) or through services provided to a ONE Investment Pool.
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External Portfolio Managers are agents authorized by ONE JIB in accordance with Part II of the
Regulation;
Founding Municipalities means the municipalities of The Corporation of the Town of Bracebridge,
The Corporation of the Town of Huntsville, The Corporation of the Town of Innisfil, The
Corporation of the City of Kenora, The District Municipality of Muskoka, and The Corporation of
the Town of Whitby, who established ONE JIB pursuant to the Regulation and pursuant to the
Initial Formation Agreement;
Initial Formation Agreement means the agreement between the Founding Municipalities dated
as of May 19, 2020 under which ONE JIB was formed;
Investment Account means an account or accounts maintained by an Agent in which the Managed
Assets of the Participating Municipality are managed or held;
Investment Board means a municipal service board that is established under section 196 of the
Act by a municipality for the purposes of Part II of the Regulation and includes for the purposes
of Section 13 of this Agreement, the Toronto Investment Board;
IPS, with respect to a Participating Municipality, means the investment policy as adopted and
maintained by the council of the Participating Municipality under the Regulation;
Investment Plan, with respect to a Participating Municipality, means the investment plan as
adopted and maintained by ONE JIB for the Participating Municipality under the Regulation;
Investment Program Agreements means the agreements entered into, from time to time, by or
under the authority of ONE JIB, for and on behalf of the Participating Municipality, with ONE
Investment, an Administrator, a Custodian, an External Portfolio Manager and such other persons
as ONE JIB considers appropriate for the purpose of carrying out the objectives of the Investment
Plan and the IPS;
Joint Investment Board means a municipal service board that is established under section 202 of
the Act by two or more municipalities for the purposes of Part II of the Regulation;
LAS means Local Authority Services and its successors;
Managed Assets means, with respect to a Participating Municipality, the assets of the
Participating Municipality managed and controlled by ONE JIB pursuant to, and subject to, the
terms and conditions set out in this Agreement;
Municipal Legislation means all applicable legislation that applies to ONE JIB including, without
limitation, the Act, the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended from
time to time, the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.
M.56, as amended from time to time, the Regulation and any other applicable regulations made
under such Acts, as they may be amended from time to time;
Municipal Treasurer Representative means a member of ONE JIB who has been nominated by
ONE JIB and ONE Investment, in consultation with the Participating Municipalities, to represent
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the views and interests of the municipal treasurers of the Participating Municipalities, and who
holds the office of treasurer or duly appointed deputy treasurer of a Participating Municipality;
NI 31-103 means National Instrument 31-103 Registration Requirements, Exemptions and
Ongoing Registrant Obligations, of the Canadian Securities Administrators;
OCIO Offering means the comprehensive investment program made available through ONE JIB
pursuant to which a duly qualified investment manager who is an External Portfolio Manager is
engaged by ONE Investment to advise a Participating Municipality with regard to the investment
of the Participating Municipality's Managed Assets and to invest and manage such Managed
Assets in accordance with the terms and conditions set out in this Agreement;
ONE Investment means the not -for -profit corporation founded by CHUMS and LAS which provides
certain management, administrative and other services to ONE JIB in connection with the ONE
Investment Offering;
ONE Investment Offering means the comprehensive suite of products and services relating to
investment by municipalities in Ontario made available through ONE Investment and includes the
ONE Pools Offering and the OCIO Offering;
ONE Investment Pool means a pooled investment vehicle managed by ONE Investment whose
securities are available to Participating Municipalities through ONE Investment as part of the One
Pools Offering;
ONEJIB means the ONE Joint Investment Board, established by the Founding Municipalities as a
Joint Investment Board under Part 11 of the Regulation, as constituted from time to time and acting
pursuant to its Terms of Reference as set out in Schedule C;
ONE JIB Services Agreement means the service agreement effective as at May 19, 2020 between
ONE JIB and ONE Investment pursuant to which ONE Investment has been appointed an Agent of
ONE JIB to, among other things, provide certain management, administrative and other services
to ONE JIB;
ONE Pools Offering means the comprehensive investment program made available through ONE
JIB pursuant to which ONE Investment advises the Participating Municipality with regard to the
investment of the Participating Municipality's Managed Assets and the underlying investment
products consist of ONE Investment Pools and other investment products offered by ONE
Investment from time to time;
Participating Municipalities means from time to time each of the municipalities for whom ONE
JIB acts as the Joint Investment Board under the terms of this Agreement and includes the
Founding Municipalities, any other Participating Municipalities from time to time and also, upon
execution by the Applicant Municipality of this Agreement, the Applicant Municipality;
PaymentServicer means at any time a Canadian financial institution which at such time has been
approved by ONE JIB to facilitate the transfer of assets of a Participating Municipality between
the Participating Municipality's financial institution and an Investment Account;
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Prudent Effective Date means the effective date set out in the Prudent Investor Enabling By-law
as the date on which section 418.1 applies to the Applicant Municipality;
Prudent Investor Enabling By-law means, with respect to a Municipality, the by-law under which
the Municipality makes section 418.1 of the Act apply to it as of the effective date set out in such
by-law; and
Regulation means Ontario Regulation 438/97 made under the Act, as it may be amended from
time to time;
1.02 Governing Law.
This Agreement is governed by, and is to be construed and interpreted in accordance with, the
laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario.
1.03 Headings and Table of Contents.
The division of this Agreement into sections, subsections, paragraphs, subparagraphs, clauses and
schedules, the insertion of headings and the provision of a table of contents are for convenience
of reference only and are not to affect the construction or interpretation of this Agreement.
1.04 Number and Gender.
Unless otherwise specified, words importing the singular include the plural and vice versa and
words importing gender include all genders.
1.05 Severability.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any
jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality,
validity or enforceability of any of the remaining provisions of this Agreement.
SECTION 2 - ONE JOINT INVESTMENT BOARD
2.01 Appointment.
The Applicant Municipality hereby appoints ONE JIB to be its Joint Investment Board, to invest
money and investments that the Applicant Municipality, as a Participating Municipality, does not
require immediately on behalf of such municipality and to exercise control and management of
such money and investments, in accordance with the Act and the Regulation and subject to the
terms and conditions of this Agreement.
2.02 Exclusive Appointment.
The appointment of ONE JIB as the Applicant Municipality's Joint Investment Board is exclusive
and during the term of this Agreement, the Applicant Municipality, as a Participating Municipality,
shall not appoint any other Investment Board or Joint Investment Board to have management or
control of any of its money that it does not require immediately under section 418.1 of the Act
unless it withdraws from ONE JIB in accordance with Section 13.
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2.03 Delegation.
To the fullest extent required by the Act and the Regulation, the Applicant Municipality hereby
gives control and management of its money and investments that it does not require immediately
to ONE JIB, and hereby delegates to ONE JIB (i) the Applicant Municipality's powers to make the
investments and (ii) the Applicant Municipality's duties under section 418.1 of the Act.
2.04 Acceptance.
ONE JIB hereby accepts the foregoing appointment and delegation and hereby agrees to invest
money and investments that the Applicant Municipality, as a Participating Municipality, does not
require immediately on behalf of such municipality in accordance with the Act, the Regulation
and such municipality's IPS and subject to the terms and conditions of this Agreement.
2.05 Acceptance by Participating Municipalities.
On execution and delivery of this Agreement and on and after the subsequent Prudent Effective
Date, each of the Participating Municipalities shall be deemed to acknowledge and agree that the
Applicant Municipality has made the foregoing appointment for ONE JIB to invest money and
investments that the Applicant Municipality, as a Participating Municipality, does not require
immediately and that the Applicant Municipality is added as a party to this Agreement such that
ONE JIB shall act as the Joint Investment Board of such Applicant Municipality, as a Participating
Municipality, on and after the Prudent Effective Date.
SECTION 3 - DUTIES OF ONE JIB
3.01 Duties.
ONE JIB shall have the following duties and responsibilities in connection with investing for and
on behalf of the Participating Municipalities:
(a) review the Participating Municipality's IPS, and at the request of the Participating
Municipality, provide advice and recommendations with respect thereto;
(b) adopt and maintain an Investment Plan for the Participating Municipality in accordance
with the terms hereof;
(c) engage one or more Administrators, Custodians, Payment Servicers, External Portfolio
Managers, bankers, brokers, dealers, and other Agents as may be required to implement
the Investment Plan in accordance with the IPS;
(d) monitor the performance of the Agents; and
(e) report to the Participating Municipality as required by the Act and the Regulation.
3.02 Engagement of Agents.
ONE JIB may authorize an Agent to exercise any of its functions to the same extent that a prudent
investor, acting in accordance with ordinary investment practice, would authorize an agent to
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exercise any investment function. Any such engagement and authorization may be made only
pursuant to an Investment Program Agreement with the Agent which includes the following
provisions:
(a) a requirement that the Agent comply with the requirements contained in each applicable
IPS and each applicable Investment Plan;
(b) a requirement that the Agent report to ONE JIB at regular intervals as specified in the
written agreement with the Agent; and
(c) a requirement that the Agent comply with any reasonable directions to the Agent given
by ONE JIB.
3.03 Role of ONE Investment.
The Applicant Municipality hereby acknowledges and agrees that in the discharge of its duties and
obligations hereunder, ONE JIB requires certain support and administrative services. To obtain
such services, ONE JIB hereby engages ONE Investment as its Agent hereunder and under the ONE
JIB Services Agreement. Notwithstanding such engagement, ONE JIB confirms that it will at all
times be responsible to the Applicant Municipality in the manner contemplated in the Act and the
Regulation and as set out herein. The Applicant Municipality further acknowledges and agrees
that any fees and expenses payable by it hereunder, directly or indirectly, shall be paid to ONE
Investment, who has been duly authorized on behalf of ONE JIB, LAS and CHUMS to collect all
such fees and expenses.
3.04 Monitoring Performance.
ONE JIB shall exercise prudence in selecting an Agent, in establishing the terms of the Agent's
authority and in monitoring the Agent's performance to ensure compliance with those terms.
Prudence in monitoring an Agent's performance includes:
(a) reviewing the Agent's reports;
(b) regularly reviewing the agreement between ONE JIB and the Agent and how it is being
put into effect, including assessing whether the requirements included in each applicable
IPS and each applicable Investment Plan are being complied with;
(c) considering whether directions should be provided to the Agent or whether the Agent's
appointment should be revoked; and
(d) providing directions to the Agent or revoking the appointment if ONE JIB considers it
appropriate to do so.
3.05 Further Authorizations.
Except as may be consented to by the Participating Municipalities in accordance with Section
12.02, ONE JIB shall not permit any further authorization (or sub -delegation) of investment
functions by any Agent (other than ONE Investment) to third parties unaffiliated with the Agent.
The ONE JIB Services Agreement provides that ONE Investment similarly will not permit further
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authorization (or sub -delegation) of investment functions by any Agent to third parties
unaffiliated with the Agent, and ONE JIB shall require ONE Investment to include provisions with
substantially similar effect in all agreements with Agents.
3.06 OCIO Offering.
Any Participating Municipality may agree with ONE JIB and ONE Investment to have the
Participating Municipality's Managed Assets invested pursuant to the OCIO Offering. The
provisions of this Agreement, including Section 3.05, shall not be read so as to prevent ONE JIB or
ONE Investment from properly delegating by written agreement to any External Portfolio
Manager the powers and authorities necessary or desirable to give effect to the OCIO Offering.
For the avoidance of doubt, nothing herein derogates from the duties and responsibilities of ONE
JIB set out in Section 3.01 hereof.
SECTION 4 - REPRESENTATIONS AND WARRANTIES
4.01 Representations and Warranties of Applicant Municipality.
The Applicant Municipality represents and warrants to ONE JIB, ONE Investment and each of the
Participating Municipalities that:
(a) it has prepared a written IPS which complies with the Act and has been approved by
council and such IPS has been delivered to ONE JIB and ONE Investment in the manner
set out in Section 16.01.
(b) it has taken all actions necessary to authorize it to enter into this Agreement, including
passing an Authorizing By-law substantially in the form attached hereto as Schedule B
(which Authorizing By-law also constitutes the Applicant Municipality's Prudent Investor
Enabling By-law); and
(c) under Section 8 of the Applicant Municipality's Authorizing By-law its treasurer has been
authorized to determine the Applicant Municipality's Prudent Effective Date in
consultation with ONE Investment and to enter into an agreement with ONE Investment
confirming its Prudent Effective Date (after the Applicant Municipality has entered into
this Agreement and after it has been signed by ONE JIB and by ONE Investment) at which
time the Applicant Municipality shall be deemed to be a Participating Municipality under
this Agreement.
4.02 Representations and Warranties of Participating Municipalities.
Each of the Participating Municipalities, provided that it is not a Founding Municipality, represents
and warrants to the Applicant Municipality, ONE JIB and ONE Investment that:
(a) it has taken all actions necessary to authorize it to enter into this Agreement, including
passing such Authorizing By-law as the Participating Municipality has deemed necessary
(which Authorizing By-law can also constitute the Participating Municipality's Prudent
Investor Enabling By-law);
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(b) it has duly passed a Prudent Investor Enabling By-law (which can be included in the
Participating Municipality's Authorizing By-law) under which section 418.1 of the Act
applies to it as of the specified Prudent Effective Date, and such Prudent Investor Enabling
By-law is in full force and effect; and
(c) this Agreement constitutes a valid and binding obligation of such Participating
Municipality.
4.03 Representations and Warranties of Founding Municipalities.
Each of the Participating Municipalities, which is also a Founding Municipality, represents and
warrants to the Applicant Municipality, ONE JIB and ONE Investment that:
(a) it has taken all actions necessary to authorize it to enter into this Agreement, including
passing an Authorizing By-law;
(b) it has passed a Prudent Investor Enabling By-law under which section 418.1 of the Act
applied to it as of the Prudent Effective Date set out therein; and
(c) this Agreement constitutes a valid and binding obligation of such Municipality.
4.04 Representations and Warranties of ONE JIB.
ONE JIB represents and warrants to the Applicant Municipality and each of the Participating
Municipalities that:
(a) it was duly established by the Founding Municipalities as a Joint Investment Board which
meets the requirements of the Act and the Regulation;
(b) it has taken all actions necessary to authorize it to enter into this Agreement;
(c) this Agreement constitutes a valid and binding obligation of ONE JIB; and
(d) on the date of the Applicant Municipality's Authorizing By-law, all other Participating
Municipalities are parties to this Agreement.
4.05 Representations and Warranties of ONE Investment.
ONE Investment represents and warrants to the Applicant Municipality and each of the
Participating Municipalities that:
(a) it is a duly incorporated not -for -profit corporation formed by LAS and CHUMS for the
purpose of facilitating the ONE Investment Offering;
(b) it has taken all actions necessary to authorize it to enter into this Agreement; and
(c) this Agreement constitutes a valid and binding obligation of ONE Investment.
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SECTION 5 - INVESTMENT POLICY AND INVESTMENT PLAN
5.01 Investment Policy.
(a) Without limiting the provisions of Section 4.01, the Applicant Municipality acknowledges
that in the formulation of its IPS, the Applicant Municipality is required to obtain the
advice that a prudent investor would obtain under comparable circumstances. The
Applicant Municipality further acknowledges that in planning its investments, it is
required to consider, in addition to any other criteria that are relevant in the
circumstances, the following:
(1) general economic conditions;
(2) the possible effect of inflation or deflation;
(3) the role that each investment or course of action plays within the Applicant
Municipality's portfolio of investments;
(4) the expected total return from income and the appreciation of capital; and
(5) needs for liquidity, regularity of income and preservation or appreciation of
capital.
(b) The Applicant Municipality confirms that its IPS has been arrived at after careful
consideration of the foregoing and that it has been adopted by an Authorizing By-law of
the council of the Applicant Municipality in compliance with the Act. The IPS includes the
Applicant Municipality's (i) objectives for return on investment and risk tolerance; (ii)
need for liquidity including, for greater certainty, anticipated needs for funds for planned
projects and needs to have funds available for unanticipated contingencies; and (iii) other
requirements with respect to investment matters that the council of the Applicant
Municipality considers to be in the interests of the Applicant Municipality. For certainty,
notwithstanding any assistance that the Applicant Municipality may have sought and
obtained in the preparation of its IPS, including through consultations with ONE JIB or
ONE Investment, the Applicant Municipality acknowledges and agrees that its IPS, and
the entire contents thereof, is solely the responsibility of the Applicant Municipality and
can only be amended or modified by the Applicant Municipality.
(c) The Applicant Municipality, as a Participating Municipality, shall provide written notice to
the board secretary of ONE JIB (the Secretary of ONE JIB) of any amendment or
modification to its IPS. ONE JIB shall be under no obligation to make investments for an
Applicant Municipality, as a Participating Municipality, other than in accordance with its
written IPS and any amendments thereto made in writing and notified to ONE JIB as
provided herein.
(d) Where ONE JIB in its sole discretion determines that the IPS of a Participating Municipality
is inconsistent with the obligations of the Participating Municipality under the Act to
exercise the care, skill, diligence and judgment that a prudent investor would exercise in
making investments, ONE JIB may decline to apply the IPS in whole or in part. If ONE JIB
determines to rely on this Section 5.01 (d), ONE Investment shall promptly notify the
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Participating Municipality. In these circumstances, upon sending such notice, ONE JIB
shall thereupon be relieved of its duties and obligations as set out in Section 10.05.
5.02 Investment Plan.
(a) Without limiting the provisions of Section 3.01, ONE JIB acknowledges that the applicable
Investment Plan, adopted and maintained by ONE JIB in respect of the Applicant
Municipality, as a Participating Municipality, is required to deal with how ONE JIB will
invest such municipality's money consistent with such municipality's IPS and is required
to set out ONE JIB's projections of the proportions of such municipality's portfolio of
investments to be invested at the end of the year in each type of security selected by ONE
JIB and may include other requirements. The Investment Plan for the Applicant
Municipality shall be delivered to the Applicant Municipality in the manner set out in
Section 16.01.
(b) Amendments to the Applicant Municipality's Investment Plan shall only be made as set
out in Sections 5.03 and 5.04.
5.03 Amendments.
(a) ONE JIB and the Applicant Municipality acknowledge that under subsection 18(4) of the
Regulation, the council of the Applicant Municipality is required to review, and if
necessary, update the IPS of the Applicant Municipality, as a Participating Municipality, at
least annually (the Annual Policy Review). In connection with such Annual Policy Review,
ONE JIB may make recommendations to such municipality to amend, modify, supplement,
restate or replace its IPS. The treasurer of the Applicant Municipality, as a Participating
Municipality, is responsible for arranging the Annual Policy Review by its council. Such
municipality shall advise ONE JIB, on an annual basis, (i) of the date as of which the Annual
Policy Review was made; (ii) whether any updates or amendments were made to the IPS,
and where applicable, the text of any such update or amendment; and (iii) of other
comments or observations regarding the municipality's IPS as the municipality considers
to be necessary or desirable. Any amendment to the IPS must be provided to the
Secretary of ONE JIB as soon as practicable and in any event within 15 days of approval
by the municipality's council.
(b) ONE JIB and the Applicant Municipality acknowledge that under subsection 19(3) of the
Regulation, ONE JIB is required, following the Annual Policy Review, to review, and if
necessary, update the Investment Plan of the Applicant Municipality, as a Participating
Municipality (the Annual Plan Review). ONE JIB shall, within a reasonable period of time,
not to exceed 90 days from the date that ONE JIB receives the results of the Annual Policy
Review, conduct the Annual Plan Review for the municipality. If, following the completion
of the Annual Plan Review, ONE JIB considers that an update or amendment of the
Investment Plan is required (whether following from the results of the municipality's
Annual Policy Review or otherwise), ONE JIB shall make the appropriate updates or
amendments to the municipality's Investment Plan and shall provide a copy of the
updated and amended Investment Plan to the municipality.
(c) In addition to amendments made as a result of the Annual Policy Review, the parties
acknowledge that the Applicant Municipality, as a Participating Municipality, may make
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amendments to its IPS, including for the purposes of adding or withdrawing amounts to
be invested as contemplated in Section 5.04, at any time and from time to time by action
of the council of the municipality. Amendments to an IPS for adding and withdrawing
money and investments to be managed by ONE JIB shall be made in accordance with
Section 5.04.
(d) Notice of any amendment to the IPS of an Applicant Municipality, as a Participating
Municipality (other than amendments made as a result of the Annual Policy Review), shall
be given in writing to the Secretary of ONE JIB or to such other person as ONE JIB may
direct as soon as practicable following authorization or adoption. For purposes hereof,
the Applicant Municipality and ONE JIB recognize that an amendment to an IPS may be
made by by-law or other decision of council (Council Action) that affects or purports to
affect the IPS. ONE JIB has no obligation to take notice of any such Council Action, whether
or not it was widely publicized, and no obligation to assess the validity of any Council
Action. ONE JIB shall under no circumstances be deemed to have knowledge of any
amendment to the IPS of a municipality or of any Council Action unless and until written
notice thereof has been provided to ONE JIB by the treasurer of the Participating
Municipality in accordance with Section 5.03(a), Section 5.03(c), or Section 5.03(d) and
the notice provisions set out in Section 16.01.
(e) On receipt of a notice of amendment to the IPS, where ONE JIB considers in its discretion
that an update or modification to the corresponding Investment Plan is necessary or
desirable, ONE JIB will update or modify such municipality's Investment Plan so as to
provide for consistency between the Investment Plan and the IPS. Such update or
modification shall be made and implemented as soon as reasonably practicable, having
regard to prevailing economic and market conditions. A copy of any such updated or
modified Investment Plan shall be provided to the treasurer of the Participating
Municipality.
(f) Despite any other provision hereof, ONE JIB may make such minor amendments to the
Investment Plan of an Applicant Municipality, as a Participating Municipality, as it may
consider to be necessary or desirable for the more efficient or effective administration of
the assets held in such municipality's Investment Accounts, provided that following such
minor amendment, the Investment Plan continues to be consistent with such
municipality's IPS.
5.04 Additions and Withdrawals of Money and Investments.
(a) The Applicant Municipality's IPS referenced in Section 5.01 shall include the Applicant
Municipality's criteria for identifying the Managed Assets over which ONE JIB is to have
management and control hereunder. Such Managed Assets shall be held in one or more
Investment Accounts. It is the responsibility of the Applicant Municipality, as a
Participating Municipality, to make contributions to the Investment Accounts in
accordance with its IPS. The treasurer of the Applicant Municipality, as a Participating
Municipality, shall provide ONE JIB with notice of such contributions, and follow such
procedures and protocols in connection therewith, as ONE JIB may prescribe from time
to time.
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(b) The Applicant Municipality, as a Participating Municipality, may from time to time amend
its IPS so as to add to or withdraw amounts from the Managed Assets. No such
amendment shall be binding on ONE JIB unless reasonable written notice has been
provided to the Secretary of ONE JIB or other authorized person, in form satisfactory to
ONE JIB. Without limiting the foregoing, ONE JIB shall have no obligation to return
Managed Assets or part thereof to the Applicant Municipality unless a minimum of 30
days' prior written notice of any request for withdrawal, in form and substance
satisfactory to ONE JIB, has been provided to ONE JIB, which notice period may be waived
by ONE JIB in its discretion.
(c) Notwithstanding Section 14.01, ONE JIB shall not be obliged to comply with any notice
referred to in paragraphs (a) and (b) of Section 5.04 unless received in writing and signed
by the treasurer of the Participating Municipality.
(d) In all circumstances in which the Applicant Municipality, as a Participating Municipality,
anticipates a withdrawal of Managed Assets, whether as a result of the planned maturity
of any reserve or otherwise, such Municipality and ONE JIB shall co-operate and work
together so as to ensure an orderly liquidation where necessary and timely transfer of
Managed Assets or proceeds thereof.
(e) Notwithstanding Section 5.04(b), if the aggregate dollar amount of the Managed Assets
requested to be returned by a Participating Municipality is so large as to risk causing
prejudice to other Participating Municipalities or requires additional time to effect an
orderly liquidation, ONE JIB, ONE Investment and the Participating Municipality shall work
together to extend the period for the return so that any negative effects of sudden or
untimely liquidation are adequately ameliorated.
(f) In extraordinary circumstances, including dislocated capital markets, acts of God, war,
terrorism and the like which prevent normal trading operations in securities markets, or
result in the suspension of trading in securities markets, ONE JIB may, in the exercise of
its fiduciary obligations, decline to or delay the return of all or a portion of a Participating
Municipality's requested Managed Assets. Any Managed Assets not so returned shall be
returned as soon as practicable on the cessation of the events which gave rise to the
refusal or delay.
SECTION 6 - AGENTS
6.01 Authority.
The Applicant Municipality, as a Participating Municipality, authorizes ONE JIB and ONE
Investment to engage Agents on its behalf and to enter into Investment Program Agreements,
from time to time, as provided in Section 3.02.
6.02 Administrator.
ONE JIB and ONE Investment will enter into an Investment Program Agreement with an
Administrator who is a Canadian chartered Schedule I bank or other regulated Canadian financial
institution or who has otherwise satisfied ONE JIB that it has the demonstrated ability to provide
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and maintain accurate recordkeeping and where required, valuation services for the Investment
Accounts.
6.03 Custodian.
ONE JIB and ONE Investment will only enter into an Investment Program Agreement for custody
and safekeeping of Managed Assets with a Custodian who, at the time of entering into the
Investment Program Agreement, is a Canadian custodian for purposes of NI 31-103.
6.04 External Portfolio Managers.
With respect to
(a) Registration - ONE JIB will not enter into an Investment Program Agreement with an
External Portfolio Manager unless the Investment Program Agreement requires the
External Portfolio Manager to maintain at all times its status in Ontario as a registered
portfolio manager, unless the External Portfolio Manager is exempt from the requirement
to be registered under applicable Ontario law.
(b) Insurance - ONE JIB will not enter into an Investment Program Agreement with an
External Portfolio Manager unless the Investment Program Agreement requires the
External Portfolio Manager to maintain, in full force and effect, bonding or insurance in
such amounts and of such types as are required from time to time by regulatory
authorities and consistent with industry best practice.
6.05 No rights to assets.
None of ONE JIB, ONE Investment, an Administrator, a Custodian, an External Portfolio Manager
or any other service provider or Agent shall have any beneficial or personal right, title or interest
in or to the Managed Assets in any Investment Account, other than as specifically set out in any
Investment Program Agreement.
SECTION 7 - COMPOSITION AND GOVERNANCE OF ONE JIB
7.01 Appointment and Term of Members.
The initial individual members (Members) of ONE JIB were appointed by the Founding
Municipalities under the Initial Formation Agreement on the establishment of ONE JIB under the
Regulation.
7.02 Prohibition re Membership.
Notwithstanding anything to the contrary contained herein or in any schedule hereto, the
following persons may not be appointed to or serve on ONE JIB:
(a) subject to Section 7.03, an officer or employee of a Participating Municipality;
(b) a member of council of a Participating Municipality.
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7.03 Municipal Treasurers.
(a) Municipal treasurers are to be represented on ONE JIB as permitted by the Regulation. To
give effect to such representation, up to 25% of the membership of ONE JIB shall be
reserved for Municipal Treasurer Representatives. ONE JIB and ONE Investment, in
consultation with Participating Municipalities, shall nominate individuals to serve as
Municipal Treasurer Representatives. Such individuals must hold the office of treasurer
or duly appointed deputy treasurer of a Participating Municipality. ONE JIB and ONE
Investment shall work in good faith with the Participating Municipalities to give voice to
the concerns of municipal treasurers through appropriate Municipal Treasurer
Representatives.
(b) In the event that an individual serving as a Municipal Treasurer Representative is a
treasurer or duly appointed deputy treasurer of a Participating Municipality, and such
Participating Municipality withdraws from ONE JIB pursuant to Section 13, such individual
shall be deemed to have resigned as a Member of ONE JIB effective the date of the
Participating Municipality's withdrawal. Provided however, that if such individual has
been appointed as the treasurer or duly appointed deputy treasurer of another
Participating Municipality prior to or at the time of the effective date of withdrawal, and
such Participating Municipality agrees, the individual may continue to serve as a
Municipal Treasurer Representative.
7.04 Procedural and Other Matters Relating to ONE JIB.
Rules, policies and procedures relating to the appointment, qualifications, conduct, removal, term
of office, compensation of the Members, calling and holding of meetings and all ancillary matters
are set out in Schedule C - Terms of Reference for ONE JIB appended hereto and such Terms of
Reference form part of this Agreement. ONE JIB is intended to self-governing, subject to the
applicable provisions of Municipal Legislation. The parties acknowledge and agree that following
the formation of ONE JIB, the Members have authority to amend the Terms of Reference including
the exhibits and schedules thereto in accordance with the amendment provisions contained in
the Terms of Reference.
7.05 Paramountcy.
In the event of any conflict or inconsistency between a Participating Municipality's policies, by-
laws, rules and procedures that otherwise apply to such Participating Municipality's local boards
and the policies, by-laws, rules and procedures that apply to ONE JIB as provided under this
Agreement, the latter shall prevail.
SECTION 8 - REPORTING
8.01 Annual Investment Report.
ONE JIB shall prepare and provide to the council of each of the Participating Municipalities, no
less frequently than once annually, an investment report that includes a statement about the
performance of the Participating Municipality's Managed Assets during the period covered by the
report and such other information that the council of the Participating Municipality may require
or that, in the opinion of its treasurer, should be included as required by the Regulation.
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8.02 Compliance Reporting.
ONE JIB shall prepare or arrange for the preparation and delivery of such compliance reports as
may be reasonably requested by a Participating Municipality. Such compliance report shall
provide information so as to enable the treasurer of the Participating Municipality to state
whether or not the Managed Assets have been invested and are held in a manner consistent with
the Participating Municipality's IPS and Investment Plan.
SECTION 9 - FEES AND EXPENSES
9.01 Fees and expenses.
Participating Municipalities shall pay the fees and expenses as set out in Schedule D appended
hereto, and such fees and expenses may be changed from time to time in accordance with Section
12.01(c).
9.02 Fees Payable to Agents. I
To the extent fees and expenses are directly recoverable from a Participating Municipality, ONE
JIB shall establish and disclose to the Participating Municipality, the maximum aggregate fees and
expenses payable to the Administrator, the Custodian, the External Portfolio Managers and any
other Agents and service providers.
SECTION 10 - STANDARD OF CARE AND LIMITATION OF LIABILITY
10.01 Standard of Care.
In the discharge of its duties hereunder, and in investing money of the Participating Municipality,
ONE JIB shall exercise the care, skill, diligence and judgment that a prudent investor would
exercise in comparable circumstances and in making such investment.
10.02 Limitation on liability.
Provided that the standard of care set out in Section 10.01 has been met, neither ONE JIB nor any
Members shall incur any liability to a Participating Municipality by reason of acting or not acting
or as a result of any error in instructions. Each Participating Municipality acknowledges and agrees
that ONE JIB makes no representation or warranty as to performance or attaining any yield or
appreciation of the Managed Assets in the Investment Accounts. Neither ONE JIB nor any
Member shall be liable to a Participating Municipality for any loss or damage relating to any
matter arising out of this Agreement, including any loss or diminution in the value of the Managed
Assets so long as they acted in a manner consistent with the standard of care set out in Section
10.01.
10.03 Indemnification.
ONE JIB, ONE Investment, and any of their respective members, directors, officers and employees
(in each case, an Indemnified Party) shall be indemnified by the Participating Municipalities for
all liabilities, claims, damages, losses, costs and expenses incurred by them in connection with any
action, suit or proceeding that is proposed or commenced or any other claim to which such
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Indemnified Party may be subject by reason of the management and control of the Managed
Assets or otherwise arising out of or in connection with acting on behalf of the Participating
Municipalities or in furtherance of the interests of the Participating Municipalities, except that
this indemnity shall not apply to (a) losses arising from such Indemnified Party's own wilful
misconduct or fraud, or (b) expenses of the Participating Municipalities that the Indemnified Party
has agreed to bear. To the fullest extent permitted by law, expenses (including, without limitation,
legal fees and expenses) incurred by an Indemnified Party in defending any claim, demand, action,
suit or proceeding shall, from time to time, be advanced by the Participating Municipalities prior
to the final disposition of such claim, demand, action, suit or proceeding upon receipt by the
Participating Municipalities of an undertaking by or on behalf of the Indemnified Party to repay
such amount if it shall be determined that the Indemnified Party is not entitled to be indemnified
as authorized in this Section 10.03. Amounts required to be paid or advanced to an Indemnified
Party under this Section 10.03 shall be paid by Participating Municipalities in such proportion as
ONE JIB considers to be fair and equitable in the circumstances.
10.04 Performance of Trusts.
ONE JIB shall not be bound to recognize or see to the performance of any trust, express, implied
or constructive, or of any charge, pledge or equity to which any of the Managed Assets or any
interests therein are or may be subject, or to ascertain or inquire whether a contribution or
withdrawal of any such Managed Assets or interests therein by any Participating Municipality or
by its treasurer has been duly and properly authorized, or to recognize any person as having any
interest in the Managed Assets, but shall be entitled to treat all monies and investments provided
to ONE JIB hereunder solely as Managed Assets of the Participating Municipality.
10.05 Where IPS Imprudent.
Neither ONE JIB nor any Members shall incur any liability whatsoever to a Participating
Municipality where ONE JIB has determined in its sole discretion, acting reasonably, that the IPS
of the Participating Municipality is inconsistent with the duty of the Participating Municipality
under the Act to exercise prudence. So long as ONE JIB has provided notice to the Participating
Municipality and acts in good faith, ONE JIB may elect to (a) apply the IPS to the best of its ability;
or (b) decline to apply the IPS in whole or in part and hold the Managed Assets in cash or cash
equivalent instruments pending receipt of an IPS which complies with the Act; or (c) seek direction
from legal counsel and act in accordance with such direction. Until such time as ONE JIB has been
provided with an IPS which complies with the Act, all of ONE JIB's duties and responsibilities to
the Participating Municipality hereunder shall be suspended, and the Participating Municipality
shall have no entitlement to have its Managed Assets managed by ONE JIB or to receive any
prescribed reports from ONE JIB except to the extent required for ONE JIB to comply with the Act
and the Regulation.
SECTION 11 - COMPLAINTS HANDLING
11.01 Initial Complaints.
If a Participating Municipality has a concern or complaint with respect to any aspect of the
management of its money and investments by ONE JIB hereunder, including the operation of one
or more Investment Accounts, such concern or complaint shall in the first instance be brought to
the attention of ONE Investment. Within 30 days of receipt, ONE Investment shall provide the
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Participating Municipality with written acknowledgement of the complaint and proposed
resolution or explanation, if any. If the concern or complaint is one that involves the acts or
omissions of an Agent, ONE Investment, on behalf of ONE JIB, shall make the appropriate inquiries
of the Agent and otherwise pursue the matter with the Agent.
11.02 Escalation.
In the event that the matter is not resolved to the satisfaction of the Participating Municipality
through the procedure set out in Section 11.01, the Participating Municipality may provide
written notice to the Chair of ONE JIB, with a copy to the Secretary of ONE JIB and to the Chair of
ONE Investment, specifying the nature of the concern or complaint. Upon receipt of such written
notice, ONE JIB, under the authority of its Chair, shall arrange for an independent investigation of
the matter to be conducted by duly qualified persons who are not employees of ONE JIB or ONE
Investment. A written report of the results of such investigation containing an explanation and,
where appropriate, an outline of steps to redress the matter, shall be provided to the Participating
Municipality and made available to all other Participating Municipalities.
SECTION 12 - AMENDMENTS TO THE AGREEMENT
12.01 Amendments not Requiring Approval of Participating Municipalities.
(a) ONE JIB may, without the approval of, or notice to the Participating Municipalities, but
subject to Section 12.01(b) and Section 12.02, make certain amendments to this
Agreement, including amendments which:
(1) are necessary to remove any internal inconsistencies in this Agreement and the
schedules hereto or to make minor corrections, including the rectification of any
ambiguities, defective provisions, errors, mistakes, or omissions that are, in the
opinion of ONE JIB, necessary or desirable and not prejudicial to the Participating
Municipalities;
(2) are intended to ensure compliance with applicable laws, regulations or policies
affecting the Participating Municipalities or ONE JIB;
(3) effect certain changes to the policies, by-laws, codes of conduct, rules and
procedures governing ONE JIB as contained in the Terms of Reference, provided
that such changes are made in compliance with Section 12.01(b)(3);
(4) are intended to provide additional protection to the Participating Municipalities;
(5) are necessary to reflect a change that, in the reasonable opinion of ONE JIB is
reasonable, necessary, or appropriate to enable the Participating Municipalities
to take advantage of, or not be detrimentally affected by, changes in the Income
Tax Act or other taxation laws; or
(6) are intended or are necessary to facilitate efficient or cost effective
administration of invested money or investments ;
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provided that such amendment is not reasonably expected to materially adversely affect the
interests of the Participating Municipalities.
(b) The following amendments shall only be made as provided below:
(1) amendments requiring the approval of the Participating Municipalities under
Section 12.02 shall be made in accordance with Section 12.02,
(2) amendments relating to an update or modification of a Participating
Municipality's IPS or Investment Plan shall be made in the manner set out in
Section 5, and
(3) amendments to the Terms of Reference (including the exhibits and schedules
thereto) shall be made by ONE JIB in accordance with the amending provisions
contained therein, as contemplated in Section 7.04;
(c) Subject to Section 12.01(a) and Section 12.02, any other amendment may be made by
ONE JIB and shall take effect after not less than 60 days' prior written notice of such
amendment has been given to the treasurers of the Participating Municipalities including,
without limitation, amendments to fees and expenses made in accordance with Section
9.01.
(d) Notwithstanding anything else contained herein, provided that any such municipality has
first executed a counterpart to this Agreement and has agreed to be bound hereby, the
inclusion of a municipality as a Participating Municipality, and the corresponding
amendment to Schedule A hereto, may be made at the sole discretion of ONE JIB without
prior notice to or the consent of any Participating Municipality.
(e) Subject to the foregoing, in its annual report to each Participating Municipality ONE JIB
shall provide a description of any material amendments made to the Agreement in the
year to which the report relates and ONE JIB shall, at its sole discretion, determine
whether an amendment is material for this purpose.
12.02 Amendments Requiring Approval of Participating Municipalities.
(a) No amendment to this Agreement may enlarge the power or authority of ONE JIB in a
manner inconsistent with the Act or the Regulation.
(b) Any amendment to this Agreement (including any schedule hereto) which under
applicable law requires the approval of some or all of the Participating Municipalities shall
be effective upon ONE JIB's receipt of approvals in writing from the percentage of
Participating Municipalities prescribed by the applicable law and the written approval
signed by the treasurers of the Participating Municipalities shall be in form and substance
appropriate in the circumstances, as determined by the Chair of ONE JIB on the advice of
the Secretary of ONE JIB and shall be delivered to ONE JIB and ONE Investment in the
manner set out in Section 16.01;
(c) Any amendment to this Agreement made under this Section 12.02 shall only be effective
upon written notice to all Participating Municipalities regardless of whether a
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Participating Municipality was included in the Participating Municipalities who provided
the necessary approval. The form and substance of such notice shall be appropriate in the
circumstances, as determined by the Chair of ONE JIB on the advice of the Secretary of
ONE JIB.
12.03 Restatements.
A restated Agreement, setting forth the terms hereof, as amended to the time of execution, may
be executed at any time and from time to time by ONE JIB.
SECTION 13 - WITHDRAWAL
13.01 Withdrawal from ONE JIB by Regulation.
A Participating Municipality may withdraw from investing through ONE JIB if it has become subject
to a regulation made under clause 16(d) of section 418.1 of the Act providing that section 418.1
of the Act no longer applies to the Participating Municipality.
13.02 Withdrawal from ONE JIB by a Participating Municipality that is not a Founding Municipality.
By entering into this Agreement, each of the Founding Municipalities and each of the other
Participating Municipalities hereby agree and shall be deemed to agree at all times that any
Participating Municipality which is not a Founding Municipality may withdraw from ONE JIB for
any reason provided that the Participating Municipality wishing to withdraw has effected one of
the following alternatives:
(a) entered into an agreement with another municipality that has established an Investment
Board, that Investment Board and any other municipalities investing through that
Investment Board to invest through that Investment Board;
(b) entered into an agreement with the municipalities that have established a Joint
Investment Board, that Joint Investment Board and any other municipalities investing
through that Joint Investment Board, to invest through that Joint Investment Board; or
(c) established an Investment Board on its own or established a Joint Investment Board with
one or more other municipalities
and such Participating Municipality has given the Investment Board or Joint Investment Board
through which it will be investing the control and management of its investments by delegating
to the board
(d) the Participating Municipality's powers to make the investments; and
(e) the Participating Municipality's duties under section 418.1 of the Act.
13.03 Withdrawal from ONE JIB by a Founding Municipality.
By entering into this Agreement, each of the Founding Municipalities and each of the other
Participating Municipalities hereby agree and shall be deemed to agree at all times that any
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Founding Municipality may withdraw from ONE JIB for any reason provided that all of the
following conditions are met:
(a) ONE JIB is not dissolved upon the withdrawal;
(b) the other Founding Municipalities that established ONE JIB have, in the opinion of each
of their treasurers, a combined total of at least $100,000,000 in money and investments
that such municipalities do not require immediately;
and the Founding Municipality wishing to withdraw has taken one of the actions described in
paragraph (a), (b) or (c) of Section 13.02 and has given the Investment Board or Joint Investment
Board through which it will be investing the control and management of its investments by
delegating to the board;
(c) the Founding Municipality's powers to make the investments; and
(d) the Founding Municipality's duties under section 418.1 of the Act.
13.04 Procedures re Withdrawal.
A Participating Municipality wishing to withdraw from ONE JIB pursuant to Section 13.02 (the
Withdrawing Municipality) must give the Secretary of ONE JIB a minimum of 90 days' prior
written notice of withdrawal. At least 10 days prior to the effective date of withdrawal (the
Effective Date), ONE JIB must have received a direction (the Transfer Direction) duly authorized
by a by-law of the council of the Withdrawing Municipality, passed in compliance with the Act, in
form and substance satisfactory to ONE JIB. The Transfer Direction shall instruct ONE JIB to (i) pay
to ONE JIB, ONE Investment or any Agents any and all fees and expenses payable or accrued to
the Effective Date, and (ii) thereafter, to transfer and deliver to the successor Investment Board
or Joint Investment Board named in the Transfer Direction, as at the Effective Date, all of the
Withdrawing Municipality's money, investments and assets over which ONE JIB has control and
management. At the request of the Withdrawing Municipality, ONE JIB shall arrange for the
orderly and secure transfer and transmission of such books and records relating to the Investment
Accounts of the Withdrawing Municipality as may be reasonable and necessary. Upon such
transfer and delivery, ONE JIB shall be relieved and discharged of and from all further obligations
to the Withdrawing Municipality with respect to the money and investments of the Withdrawing
Municipality. Notwithstanding the withdrawal of the Withdrawing Municipality from ONE JIB, the
obligation of such Withdrawing Municipality to indemnify ONE JIB and the Members as set out in
Section 10.03 shall be unaffected and shall survive any such withdrawal. The notice periods
specified in this Section 13.04 may be waived by ONE JIB in its discretion.
SECTION 14 - DIRECTIONS, INSTRUCTIONS AND NOTICES
14.01 Certificate re Authorized Persons.
Each Participating Municipality shall from time to time and upon the written request of ONE JIB,
furnish the Secretary of ONE JIB with a certificate signed by its treasurer setting forth the name(s)
and title(s) of the authorized officer(s) of the Participating Municipality, which shall include the
treasurer and of any other person(s) or representative(s) authorized to act on behalf of the
Participating Municipality (Authorized Persons), together with specimen signatures of all such
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Authorized Persons and ONE JIB shall be entitled to rely upon the identification of such Authorized
Persons as the person(s) entitled to act on behalf of, and provide directions, instructions and
notices for, the Participating Municipality for the purposes of this Agreement until a replacement
certificate respecting the same is delivered to ONE JIB.
14.02 Reliance on Authorized Persons.
Provided ONE JIB has complied with its standard of care set forth in Section 10.01, ONE JIB shall:
(a) not be responsible for:
(1) the proper application by any Participating Municipality of any part of its
Managed Assets so long as payments to the Participating Municipality have been
made in accordance with written directions of such Participating Municipality or
an Authorized Person or Authorized Persons as herein provided;
(2) the adequacy of the Managed Assets to meet and discharge any and all payments
and liabilities in respect of a Participating Municipality; or
(3) the compliance by any Participating Municipality with the Act, the Regulation or
any Municipal Legislation with respect to the formulation, adoption, or
amendment of its IPS, or any decision with respect to additions or contributions
to the Managed Assets or withdrawals from the Managed Assets or any other
determination as to monies or investments which constitute Managed Assets;
(b) be fully protected in acting upon any instrument, certificate or other writing believed by
it to be genuine and to be signed or presented by an Authorized Person or Authorized
Persons;
(c) be under no duty to make any investigation or inquiry as to any statement contained in
any such writing but may accept the same as conclusive evidence of the truth and
accuracy of the statements therein contained; and
(d) be entitled to decline to take any actions unless it has clear instructions.
14.03 Reliance on Experts and Others.
ONE JIB may rely and act upon any statement, report or opinion prepared by or any advice
received from the auditor of the ONE Investment Pools, solicitors or other professional advisers
with respect to the Managed Assets and shall not be responsible or held liable for any loss or
damage resulting from so relying or acting if the advice was within the area of professional
competence of the person from whom it was received, ONE JIB acted in good faith in relying
thereon, and the professional adviser was aware that ONE JIB was receiving the advice in its
capacity as fiduciary with respect to the Managed Assets. ONE JIB shall in no way be responsible
for, nor incur any liability based on, the action or failure to act or for acting pursuant to or in
reliance on instructions of the Participating Municipality, a Custodian, Administrator, Payment
Agent or External Portfolio Manager or any Agent to whom its responsibilities are properly
delegated.
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SECTION 15 -TERM AND TERMINATION
15.01 Termination of Agreement.
Two or more Founding Municipalities may dissolve ONE JIB if no other Participating Municipalities
are investing through ONE JIB and each such Founding Municipality has effected one of the
following alternatives:
(a) entered into an agreement with another municipality that has established an Investment
Board, that Investment Board and any other municipalities investing through that
Investment Board to invest through that Investment Board;
(b) entered into an agreement with the municipalities that have established a Joint
Investment Board, that Joint Investment Board and any other municipalities investing
through that Joint Investment Board, to invest through that Joint Investment Board; or
(c) established an Investment Board on its own or established a Joint Investment Board with
one or more other municipalities
and each such Founding Municipality has given the Investment Board or Joint Investment Board
through which it will be investing the control and management of its investments by delegating
to the board
(d) the Founding Municipality's powers to make the investments; and
(e) the Founding Municipality's duties under section 418.1 of the Act.
15.02 Participating Municipalities may not Dissolve ONE JIB.
Participating Municipalities do not, either alone or collectively, have the power to dissolve ONE
JIB.
SECTION 16 - GENERAL
16.01 Notice.
(a) Address for notices. Any notice or other communication required or permitted to be
given under this Agreement shall be in writing and shall be delivered or sent by registered
mail, postage prepaid or email to the addresses or facsimile numbers set out in Schedule
A in respect of each Participating Municipality and in the case of ONE JIB or ONE
Investment to:
ONE Joint Investment Board
155 University Ave., Suite 800
Toronto, ON M5H 3137
Attention: The Secretary with copy to the Chair
email: secretary@oneinvestment.ca
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ONE Investment
155 University Ave., Suite 800
Toronto, ON M51-1 3137
Attention: The Secretary - Treasurer
email: amajidi@amo.on.ca
Changes to the addresses and facsimile numbers may be made in the manner set out in
this Section 16.01.
(b) Effective date. Any such notice or other communication shall be deemed to have been
given and received, if delivered, on the day of delivery (or, if the day is not a Banking Day,
on the next following Banking Day) or, if mailed, on the second Banking Day following the
day on which it is mailed. If a strike or lockout of postal employees is in effect or generally
known to be impending on the date of mailing, any such notice or other communication
shall be delivered and not sent by mail.
16.02 Application of the Municipal Affairs Act.
In the event that a Participating Municipality becomes subject to supervision under Part III of the
Municipal Affairs Act, the duties and responsibilities of ONE JIB hereunder, in respect of such
Participating Municipality, may be subject to the special jurisdiction and powers that can be
exercised in respect of the Participating Municipality and ONE JIB as a local board of such
Participating Municipality.
16.03 Further action.
Each party shall at all times promptly execute and deliver and cause to be executed and delivered
such documents and take and cause to be taken such action as may be necessary or appropriate
to give effect to the provisions of this Agreement.
16.04 Benefit.
This Agreement shall enure to the benefit of and be binding upon each party and their respective
successors and permitted assigns.
16.05 Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original and all of which together shall constitute one Agreement.
16.06 Electronic Signatures.
This Agreement may be executed by the parties electronically in accordance with the Electronic
Commerce Act, 2000, S.O. 2000, c. 17.
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The parties have executed this Agreement on the dates set out below.
[MUNICIPALITY]
DATE:
BY:
(Signature)
(Print Name)
ONE JOINT INVESTMENT BOARD
r
DATE:
BY:
(Signature)
Ck
P'tN
(rin ame)
ONE INVESTMENT
X*JAATE:
BY:
(Signature)
(Print Name)
BY:
(Signature)
(Print Name)
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COUNTERPART OF
ONE JOINT INVESTMENT BOARD AGREEMENT
BY: [INSERT FULL LEGAL NAME OF APPLICANT MUNICIPALITY]
DATE:
BY: [HEAD OF COUNCIL]
BY:
(Signature)
(Print Name)
v
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SCHEDULE A
PARTICIPATING MUNICIPALITIES
(INCLUDING ADDRESS FOR NOTICES)
Town of Aurora
100 John West Way
Aurora, ON L4G 6J1
ATTN: Director,
Finance — Treasurer
Phone: (905) 727-1375
Town of Bracebridge
1000 Taylor Court
Bracebridge, ON P1L 1136
ATTN: Director of Finance/Treasurer
Phone: (705) 645-6319 x262
Town of Innisfil
2101 Innisfil Beach Rd.
Innisfil, ON L9S 1A1
ATTN: Manager, Legal & Clerk Services/Clerk
Phone: (705) 436-3740 x1401
Email: (parkin@innisfil.ca
City of Kenora
1 Main Street South
Kenora, ON P9N 3X2
ATTN: Treasurer `
Phone: (807) 467-2013
1� ,,OF
The Corporation of the City of Quinte West
7 Creswell Drive
Trenton, ON K8V 5R6
ATTN: Director of Finance/Treasurer
Town of Whitby
575 Rossland Rd. E.
Whitby, ON L1N 2M8
ATTN: Commissioner,
Corporate Services/Treasurer
Phone: (905) 430-4314
Town of Aylmer
46 Talbot Street West
Aylmer, ON N5H 1J7
ATTN: Director of Financial Services/Treasurer
Phone: (519) 773-3164 x4919
Town of Huntsville IRRI&
37 Main St. East
Huntsville, ON P1H 1A1
ATTN: Manager of Finance/Treasurer
Phone: (705) 789-1751 x2251
Municipality of Neebing
4766 Highway 61
Neebing, ON P7L OB5
ATTN: Clerk -Treasurer
Phone: (807) 474-5331
The District Municipality of Muskoka
70 Pine Street
Bracebridge, ON P1L 1N3
ATTN: Commissioner,
Finance & Corporate Services
Phone: (705) 645-2100 x4255
City of Thunder Bay
500 Donald Street E.,
Thunder Bay, ON P7E 5K4
ATTN: City Clerk
Phone: (807) 625-2236
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SCHEDULE B
FORM OF AUTHORIZING
AND PRUDENT INVESTOR ENABLING BY-LAW FOR APPLICANT MUNICIPALITIES
[MUNICIPALITY FULL LEGAL NAME, INCLUDING THE CORPORATION OF THE XXXXX OR UPPER -TIER
MUNICIPALITY FULL LEGAL NAME]
By-law Number [insert number]
A By-law of [Municipality full legal name, including The Corporation of
the XXXX or Upper -tier Municipality full legal name] to authorize it to invest its money and
investments that it does not require immediately in the Prudent Investment Program of ONE Joint
Investment Board ("ONE JIB") pursuant to section 418.1 of the Municipal Act, 2001, to approve various
documents, the entering into of specific agreements and the delegation of certain powers and duties
WHEREAS section 418.1 of the Municipal Act, 2001 (the "Act") permits a municipality that meets certain
requirements to invest money that it does not require immediately in any security in accordance with the
Act and the related regulations in any securities provided that it exercises the care, skill, diligence and
judgment that a prudent investor would exercise in making such an investment;
WHEREAS section 418.1 of the Act provides that a municipality may, pursuant to subsection 418.1 (2) of
the Act, pass a by-law to have section 418.1 apply to the municipality (the "Prudent Investor Enabling By-
law") provided that the municipality satisfies the prescribed requirements on the day the municipality
passes the by-law and the Act further provides that subsection 418.1(2) will apply to the municipality as
of the effective date set out in the by-law;
AND WHEREAS paragraph 3 of section 15 of O. Reg. 438/97 (Part II) (the "Regulation") requires that a
municipality that intends to invest pursuant to section 418.1 of the Act through a Joint Investment Board
that was established by other municipalities must have entered into an agreement with the Joint
Investment Board and any other municipalities investing through the Joint Investment Board before it
passes its Prudent Investor Enabling By-law;
AND WHEREAS section 18 of the Regulation provides that the council of a municipality shall adopt and
maintain an investment policy in relation to investing under section 418.1 of the Act, and section 25 of the
Regulation provides that a municipality may enter into an agreement described in paragraph 3 of section
15 and may adopt an investment policy under section 18 of the Regulation before a municipality passes a
Prudent Investor Enabling by-law;
AND WHEREAS the treasurer of The Corporation of the [insert name of the relevant municipality] (the
"Municipality") completed a draft Municipal Client Questionnaire, in the form attached hereto as Schedule
"A" (the "Municipal Client Questionnaire") and prepared the draft investment policy statement attached
hereto as Schedule "B", which is referred to as its Investment Policy Statement (the "IPS") and the
Municipality intends to approve the completed draft Municipal Client Questionnaire and adopt the IPS, in
accordance with section 18 of the Regulation;
AND WHEREAS effective on May 19, 2020 The Corporation of the Town of Bracebridge, The Corporation
of the Town of Huntsville, The Corporation of the Town of Innisfil, The Corporation of the City of Kenora,
The District Municipality of Muskoka and The Corporation of the Town of Whitby (collectively the
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"Founding Municipalities") established a Joint Investment Board pursuant to an Initial Formation
Agreement as a joint municipal service board pursuant to section 202 of the Act (the "Initial Formation
Agreement"), which Joint Investment Board is called ONE Joint Investment Board ("ONE JIB") and all of
the Founding Municipalities agreed under the Initial Formation Agreement to invest through ONE JIB;
AND WHEREAS ONE JIB and the Founding Municipalities have entered into an agreement that provides
that ONE JIB will invest under section 418.1 of the Act on behalf of the Founding Municipalities under that
agreement (the "ONE JIB Agreement") and that ONE JIB will also invest under that agreement on behalf
of other Ontario municipalities from time to time (each such municipality, including each Founding
Municipality is a "Participating Municipality", collectively the "Participating Municipalities") on the basis
that: (i) before any new Participating Municipality passes its Prudent Investor Enabling By-law it will have
entered into the ONE JIB Agreement with ONE JIB and with all of the other Participating Municipalities on
the day such new Participating Municipality passes its Prudent Investor Enabling By-law; and (ii) ONE JIB
has met the criteria set out in subsection 17 (3) of the Regulation, and will, in accordance with section
418.1 of the Act, the Regulation and the ONE JIB Agreement, invest on behalf of the Participating
Municipalities;
AND WHEREAS pursuant to the ONE JIB Agreement, all Participating Municipalities, consent to other
municipalities entering into the ONE JIB Agreement from time to time so long as they comply with the
applicable requirements and criteria under the Act and the Regulation;
AND WHEREAS ONE JIB is subject to all applicable provisions of the Act, including having: (i) a code of
conduct established by the councils of each of the municipalities for which it is a local board (ii) an Integrity
Commissioner and Closed Meeting Investigator appointed by the councils of the municipalities for which
it is a local board; and (iii) a records retention by-law that establishes retention periods during which the
records of ONE JIB must be retained and preserved in accordance with the Act;
AND WHEREAS it has been determined by ONE JIB that it would be prudent to have one code of conduct,
one Integrity Commissioner and one Closed Meeting Investigator for ONE JIB, rather than one from each
of the Founding Municipalities and one from each of the other municipalities that subsequently enter into
the ONE JIB Agreement;
AND WHEREAS each of the Founding Municipalities and Participating Municipalities that subsequently
entered into the ONE JIB Agreement pursuant to an authorizing by-law that is substantially in the same
form as this By-law ("Authorizing By-law"), established the code of conduct for ONE JIB that is attached
to the ONE JIB Agreement as part of the Terms of Reference (the "Code of Conduct") and authorized ONE
JIB to make future changes to the Code of Conduct;
AND WHEREAS after consultation with ONE Investment staff the Founding Municipalities directed ONE
JIB's agent, ONE Investment, to undertake a Request for Proposals ("UP") process to retain the services
of both an Integrity Commissioner and a Closed Meeting Investigator for ONE JIB. After completion of the
RFP process the recommended candidate was submitted to ONE JIB for its consideration and ONE JIB
appointed the recommended candidate as its Integrity Commissioner and its Closed Meeting Investigator;
AND WHEREAS each Founding Municipality, pursuant to an Authorizing By-law, delegated to ONE JIB the
authority to appoint its initial Integrity Commissioner and its initial Closed Meeting Investigator and their
respective successors, from time to time, in accordance with the process set out in the Terms of Reference
which form part of the ONE JIB Agreement;
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AND WHEREAS a records retention by-law was passed by ONE JIB on February 28, 2024 (the "Records
Retention By-law") and at that time more than a majority of the Participating Municipalities in their
capacity as "affected municipalities" as that term is used in sections 254 and 255 of the Act, approved the
establishment of the retention periods during which the records of ONE JIB must be retained and
preserved and all of the Participating Municipalities at that time delegated the necessary powers and
duties in respect of the records of ONE JIB to the Secretary of ONE JIB in accordance with the Records
Retention By -Law;
AND WHEREAS the Municipality is required to have entered into the ONE JIB Agreement before the
Municipality can pass its Prudent Investor Enabling By-law;
AND WHEREAS after ONE JIB confirms its acceptance of the Municipality as a Participating Municipality
under the ONE JIB Agreement and after the Municipality, ONE JIB and ONE Investment have signed the
ONE JIB Agreement ONE JIB, through its agent ONE Investment, and the Municipality will agree upon on
an effective date which date will be the effective date of the Municipality's authorization of the application
of section 418.1 of the Act to it, which effective date will also be known as the "Prudent Effective Date";
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF XXXX, HEREBY ENACTS
AS FOLLOWS:
1. The Municipality ratifies, confirms and approves the completion and execution by the treasurer
of the Municipal Client Questionnaire for and on behalf of the Municipality.
2. The Municipality adopts the IPS and acknowledges and agrees that control and management of
its money and investments that it does not require immediately will be given to ONE JIB pursuant to the
ONE JIB Agreement as at the Prudent Effective Date described in section 8 of this By-law.
3. The Municipality authorizes the entering into of the ONE JIB Agreement after ONE JIB has
accepted the Municipality as a Participating Municipality under the ONE JIB Agreement, substantially in
the form attached hereto as Schedule "C", pursuant to which ONE JIB will be given the control and
management of the Municipality's money and investments that it does not require immediately together
with that of all of the other Participating Municipalities as at the day this By-law is passed with an effective
date that is the Municipality's Prudent Effective Date as described in section 8 of this By-law and the [head
of council] and the treasurer are authorized to execute the ONE JIB Agreement for and on behalf of the
Municipality.
4. Pursuant to the ONE JIB Agreement which the Municipality has authorized under this By-law, the
Municipality agrees to the establishment of the Code of Conduct for ONE JIB as a local board of the
Municipality on the basis that each municipality that invests through ONE JIB will similarly agree to the
establishment of the Code of Conduct for ONE JIB in its capacity as a local board of that municipality and
the Municipality hereby authorizes ONE JIB to make future changes to the Code of Conduct without
further approval from the Municipality.
5. In accordance with the process for appointing an Integrity Commissioner and a Closed Meeting
Investigator and their respective successors from time to time that is described in the Terms of Reference
which form part of the ONE JIB Agreement the Municipality acknowledges that ONE JIB has appointed its
initial Integrity Commissioner and its initial Closed Meeting Investigator and the Municipality approves
such initial appointments by ONE JIB and the delegation to ONE JIB of the authority to appoint their
respective successors from time to time.
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6. The Municipality acknowledges that ONE JIB as a local board of the Municipality has established
the retention periods during which it must retain and preserve its records in accordance with the Act and
that more than a majority of the Participating Municipalities at the time approved or shortly thereafter
approved the establishment of such retention periods and the Municipality approves of the retention
periods set out in the Records Retention By-law and hereby delegates to the Secretary of ONE JIB the
necessary powers and duties in respect of the records of ONE JIB as described in the Records Retention
By-law.
7. The delegation to ONE JIB of the power to appoint the successors of the initial Integrity
Commissioner and of the initial Closed Meeting Investigator and the delegation to the Secretary of ONE
JIB of the aforesaid powers and duties in respect of the records of ONE JIB will not be revoked prior to the
end of the term of the council of the Municipality that made such delegations. These delegations may be
revoked at any time thereafter. These delegations remain in effect unless and until such revocation occurs.
8. The Municipality hereby authorizes the application of section 418.1 of the Act to it after the ONE
JIB Agreement has been signed by the Municipality, ONE JIB and ONE Investment on the basis that the
effective date of the ONE JIB Agreement vis a vis the Municipality as a Participating Municipality will be
the date that is set out as the Prudent Effective Date in a Prudent Effective Date Agreement substantially
in the form attached hereto as Schedule "D" and the treasurer of the Municipality is hereby authorized to
execute such agreement on behalf of the Municipality.
9. Any one or more of the [head of council], the treasurer and the clerk are, for and on behalf of the
Municipality, each hereby authorized to do all things and to execute all other documents, instruments
and papers in the name of the Municipality necessary or desirable to give control and management of its
money and investments that it does not require immediately to ONE JIB and to deliver all documents,
instruments and papers as required and as authorized by this By-law and such execution shall be
conclusive evidence that such documents, instruments and papers so executed are the documents,
instruments and papers authorized by this By-law.
10. Sections 1 to 7 inclusive and sections 9 and 10 of this By-law shall take effect on the day of passing
and section 8 of this By-law shall take effect on the Municipality's Prudent Effective Date.
ENACTED and PASSED this [COUNCIL MEETING DATE]
[PRINT NAME XXXXX]
[PRINT NAME XXXXX]
[HEAD OF COUNCIL XXXXX] [CLERK XXXXX]
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SCHEDULE C
TERMS OF REFERENCE FOR ONE JIB
1. ESTABLISHMENT & PURPOSE
ONE Joint Investment Board ("ONE JIB") was established by the Founding Municipalities to invest, on
behalf of each Founding Municipality, money that the Founding Municipalities do not require
immediately and to invest money that is not required immediately on behalf of other Ontario
municipalities (such other Ontario municipalities, together with the Founding Municipalities, called
the "Participating Municipalities") that subsequently enter into the ONE Joint Investment Board
Agreement (the "Agreement") and to have control and management of such money, in accordance
with the Act and the Regulation.
Each member of ONE JIB ("Member") has a duty to manage and to direct the management of the
investments of the Participating Municipalities over which ONE JIB has been given management and
control in accordance with the Act and the Regulation.
ONE JIB is a joint municipal service board established under section 202 of the Act.
2. DEFINITIONS AND INTERPRETATION
These Terms of Reference are a schedule to the Agreement and thus form part of the Agreement.
Except as otherwise defined in this Section 2, or unless the context otherwise requires, defined terms
used herein have the meanings ascribed to such terms in the Agreement. In addition to the defined
terms found in Section 1.01 of the Agreement, these Terms of Reference repeat the definition for
"Act" and contain the following additional defined terms:
"Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time;
"Closed Meeting Investigator" means an individual appointed as the closed meeting investigator in
accordance with the requirements of the Act.
"Code of Conduct" means the code of conduct applicable to Members in accordance with the Act,
attached as Exhibit A.
"Integrity Commissioner" means an individual appointed as the integrity commissioner of ONE JIB in
accordance with the requirements of the Act.
"Procedure By-law" means the procedure by-law applicable to ONE JIB in accordance with the Act.
All other rules of interpretation set out in the Agreement apply equally to these Terms of Reference.
3. DUTIES AND RESPONSIBILITIES
3.1 Compliance with Municipal Legislation
ONE JIB shall conduct its business and discharge its responsibilities in accordance with the Act and any
other applicable provisions found in Municipal Legislation.
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As a joint municipal service board established under section 202 of the Act, ONE JIB is required to
adopt a procedure by-law.
As a joint municipal service board established under section 202 of the Act, ONE JIB is required to
have a code of conduct, and the Code of Conduct set out in Exhibit A has been established to apply to
ONE JIB and its Members.
As a joint municipal service board established under section 202 of the Act, ONE JIB is required to
have procedures for the appointment of an integrity commissioner and, if necessary for the
appointment of a closed meeting investigator. The Integrity Commissioner and the Closed Meeting
Investigator shall be appointed or engaged in accordance with the process set out in Exhibit E.
3.2 Member Responsibility to Comply with Act and Regulation
Each Member shall perform the functions mandated by, and otherwise comply with, the Act and the
Regulation, other applicable legislation including securities legislation and these Terms of Reference.
If it is apparent that a Member has failed to comply with the Act, the Regulation, other applicable
legislation or these Terms of Reference in any material respect, a majority of the other Members may
vote to remove the Member and any such removal shall be final and binding and shall not be subject
to any legal challenge by the removed Member or any Participating Municipality. As used herein,
"material" non-compliance means an act or omission (or series of acts or omissions) which is
deliberate and not inadvertent and which either at occurrence or with the passage of time, can
reasonably be expected to result in (i) the Member being subject to regulatory sanction or discipline;
(ii) damage or economic loss, including by way of opportunity cost, to a Participating Municipality; (ii)
damage to the reputation of ONE JIB or ONE Investment; or (iv) any detrimental effect on the ability
of ONE JIB to function effectively.
3.3 Enumerated Duties
ONE JIB shall perform such services, and have such duties and responsibilities, as may be provided in
the Act and the Regulation and as the Participating Municipalities may determine and assign to ONE
JIB from time to time, including the following:
(a) Review the Participating Municipality's Investment Policy, and at the request of the
Participating Municipality, provide advice and recommendations with respect thereto,
including the Participating Municipality's investment objectives and strategies;
(b) Adopt and maintain an Investment Plan for the Participating Municipality in accordance with
the Act and the Regulation and consistent with the Participating Municipality's Investment
Policy;
(c) Engage one or more Administrators, Custodians, Payment Servicers, External Portfolio
Managers, investment counsel, bankers, brokers, dealers, and other Agents as may be
required to implement the Investment Plan in accordance with the Investment Policy;
(d) Monitor the performance of the Agents;
(e) Report to the Participating Municipality as required by the Act and the Regulation;
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(f) Provide advice and observations to each Participating Municipality and its council regarding
economic developments including matters affecting the business outlook, the investment
environment and similar matters to assist the Participating Municipality and its council in
assessing investment performance and planning;
(g) Review and provide input on investment objectives, policies and procedures and appropriate
risk management and mitigation measures with respect to the Participating Municipality's
investments;
(h) Review and monitor the investment performance of the Participating Municipality's
investments, including selection of or recommendations as to appropriate benchmarks, peer
group and similar metrics; and
(i) Provide advice and recommendations with respect to such other matters as may be requested
from time to time by ONE Investment or a Participating Municipality.
3.4 ONE JIB Reports to the Participating Municipalities
ONE JIB shall, within 90 days of the end of the financial year of the Participating Municipality, prepare
and deliver to the council of the Participating Municipality (to the attention of the Treasurer), an
investment report (the "Annual Investment Report") prepared in accordance with the Regulation that
contains:
(a) a statement about the performance of the Participating Municipality's Managed Assets during
the period covered by the report;
(b) a statement by the Treasurer of the Participating Municipality as to whether or not, in the
opinion of the Treasurer, all investments making up the Managed Assets are consistent with
the Participating Municipality's Investment Policy and Investment Plan; and
(c) such other information related to or incidental to the foregoing that the council of the
Participating Municipality may reasonably require.
Prior to finalizing the Annual Investment Report, ONE JIB shall provide a draft report to the Treasurer
of the Participating Municipality and shall consider any comments on such draft report made by the
Treasurer of the Participating Municipality. Where ONE JIB is requested to provide additional
information as contemplated herein, ONE JIB may request that the Participating Municipality prepare
a draft of the report for ONE JIB's consideration and approval.
3.5 ONE JIB Reports to the Municipal Treasurer
ONE JIB shall as soon as practicable notify the Treasurer of a Participating Municipality where the
Managed Assets include an investment which is not consistent with the Participating Municipality's
Investment Policy or Investment Plan. Such notice shall be accompanied by a written report of the
results of any assessment which includes a description of each instance of a breach of the Participating
Municipality's Investment Policy or Investment Plan, of which ONE JIB is aware or has reason to
believe has occurred, and recommendations for any actions ONE JIB considers should be made to
rectify the non-compliance.
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3.6 ONE JIB Reports to Securities Regulatory Authorities
ONE JIB shall, as soon as practicable, notify in writing the Ontario Securities Commission or other
applicable securities regulatory authority where ONE JIB becomes aware of the occurrence of a
material breach of applicable securities legislation applicable to ONE JIB or to ONE Investment. ONE
JIB may also, but is not required to, communicate directly with securities regulatory authorities with
respect to any concerns or issues that it may not otherwise be required to report and any other
matter, but only if it has first communicated its concerns to ONE Investment and to the relevant
Participating Municipality and considered any response received from the Participating Municipality.
3.7 Secretary to ONE JIB
The work of ONE JIB shall be supported by a secretary (the "Secretary to ONE JIB"), who may be
engaged or employed by ONE Investment, but who shall be appointed by ONE JIB, acting on the advice
of ONE Investment, to the office of Secretary to ONE JIB and have a reporting relationship with the
Chair of ONE JIB. The Secretary shall advise ONE JIB as to certain procedural and jurisdictional matters,
including those matters specified in the Procedure By -Law, and be responsible to provide such
secretarial, research, clerical and administrative services as ONE JIB may require in the discharge of
its duties. From time to time, ONE JIB, acting on the advice of ONE Investment, may appoint an
alternate Secretary or assistant to the Secretary to provide support as may be required in the
circumstances.
3.8 Legal and Other Advisors
If ONE JIB determines that it is useful or necessary for ONE JIB to carry out its duties, ONE JIB may
engage, or seek advice from, at the expense of the Participating Municipalities, legal counsel,
accountants or any other advisors, in each case provided that such person has the requisite knowledge
and experience to provide such advice. ONE JIB has the authority to agree to reasonable
compensation and proper expenses for any independent legal counsel and other advisors engaged by
ONE JIB. ONE JIB may retain advisors selectively, and only to assist, not replace, ONE JIB decision
making. Prior to retaining an independent advisor, the Chair of ONE JIB will provide advance notice to
ONE Investment.
4. CONSTITUTION `1%&
4.1 Number and Quorum
ONE JIB shall be comprised of not fewer than seven and not more than [twelve] Members. The
Participating Municipalities may change the size of ONE JIB in accordance with the Agreement, but
shall seek the input of the Chair of ONE JIB prior to doing so. A majority of Members shall constitute
a quorum for the transaction of business at any meeting of ONE JIB.
4.2 Qualification
Each Member shall have such experience and expertise in investment management, risk
management, finance, corporate governance, accounting, law or in such other areas of expertise as
may be determined to be appropriate from time to time by ONE JIB or a committee thereof in
consultation with ONE Investment.
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No person shall be qualified to be a Member if that person is less than eighteen years of age, is of
unsound mind and has been so found by a court in Canada or elsewhere, has been sanctioned or
disciplined by a securities regulatory authority in Canada or elsewhere within the previous 20 years,
or is not an individual or has the status of a bankrupt.
4.3 Appointment of Members and Nominating Committee
The Founding Municipalities have appointed the initial Members. Subsequent Members, including
those appointed to fill vacancies as referred to in Section 4.6, are to be appointed as follows by the
then incumbent Members and with the approval of ONE Investment.
ONE JIB in consultation with ONE Investment may form a nominating committee (the "Nominating
Committee"), made up of no fewer than three and no more than nine persons to identify individuals
to fill vacancies on ONE JIB. The Chair of the Nominating Committee shall be a Member. The other
persons serving on the Nominating Committee need not be Members and may be senior officers of
ONE Investment and/or representatives of the Participating Municipalities. The Nominating
Committee, in recommending a new Member or reappointing a Member, shall consider:
(a) the competencies and skills ONE JIB, as a whole, should possess;
(b) the competencies and skills of each other Member; and
(c) the competencies and skills the prospective Member would bring to ONE JIB.
The then incumbent Members and ONE Investment shall give consideration to individuals nominated
by the Nominating Committee and a new Member shall be appointed with the affirmative vote of a
simple majority of Members, and the approval of ONE Investment. Members may decline to follow
the recommendation of the Nominating Committee, in which case the Chair of ONE JIB may form a
new Nominating Committee.
Temporary vacancies may be filled by the the Chair of ONE JIB as the Chair may consider to be
appropriate in the circumstances, provided that the filling of such vacancy receives the consent of a
majority of the Members.
4.4 Consent
Upon first acting as a Member, every Member appointed in accordance with Section 4.3 shall be
deemed to have consented to (a) acting as a Member on the terms and conditions set out herein, and
(b) the public disclosure of the existence of ONE JIB, the names of its Members, the matters reviewed
by ONE JIB, the recommendations of ONE JIB, the compensation and expenses of the Members, and
any other matter that is required to be disclosed pursuant to the terms of applicable legislation and
rules or any decision made under applicable municipal law; provided that the Members, acting
reasonably and promptly following a request, shall be entitled to review and require changes to the
text of any such disclosure.
4.5 Adherence to Code of Conduct
Every Member shall comply at all times with the Code of Conduct for Members of ONE JIB, as amended
from time to time.
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4.6 Vacancies of Office
A Member shall cease to hold office:
(a) if the Member dies, resigns by a written resignation received and accepted by the Chair of
ONE JIB in accordance with Section 4.7 or is removed from office in accordance with Section
4.8;
(b) if the Member is a Municipal Treasurer Representative, and is a Treasurer of a Participating
Municipality, and such Participating Municipality withdraws from ONE JIB; provided however,
that if such individual has been appointed as the Treasurer of another Participating
Municipality prior to or at the time of the effective date of withdrawal, and such Participating
Municipality agrees, the individual may continue to serve as a Municipal Treasurer
Representative;
(c) upon the Member accepting employment or other engagement with a financial services
provider, unless such employment or engagement has first been approved by the Integrity
Commissioner and the Chair of ONE JIB;
(d) if the Member is of unsound mind as determined by a court in Canada or elsewhere, bankrupt,
prohibited from acting as a director or officer of any issuer in Canada, subject to any penalties
or sanctions made by a court relating to provincial and territorial securities legislation or a
party to a settlement agreement with a provincial or territorial securities regulatory authority;
(e) if the Member is absent from meetings of ONE JIB for three consecutive regular meetings,
without being authorized to do so by a resolution of ONE JIB;
(f) if the Member's seat on ONE JIB is declared vacant in anyjudicial process; or
(g) if the Member's membership is forfeited under the Act or any other act of the Ontario
legislature.
Clause 4.6(e) does not apply to vacate the membership of a 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.
If a vacancy occurs on ONE JIB, the Members shall fill the vacancy as soon as practicable and a person
appointed to fill a vacancy shall continue as a Member for the remainder of the term so replaced.
4.7 Resignations
Unless otherwise agreed to by ONE Investment and a majority of the other Members, a Member shall
resign from ONE JIB upon: becoming aware that personal circumstances may have an adverse impact
on the reputation of ONE JIB, a material change in employment that may have an adverse effect on
the Member's contribution or effectiveness on ONE JIB or accepting a directorship with a financial
institution or a company which results in the Member becoming subject to a conflict of interest as
described in Section 6.2.
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A Member may resign by notice in writing filed with the Secretary and the Chair of ONE JIB. A
resignation is not effective if it would reduce the number of Members to less than a quorum.
4.8 Removal of Member
A Member or Members may be removed from office by a majority vote of the other Members,
including in the circumstances described in Section 3.2 or Section 4.6. Removal shall be effected by
instrument in writing delivered to such Member or Members specifying the effective date of such
removal. If a Participating Municipality recommends to ONE JIB that it remove a Member, ONE JIB
shall consider such recommendation, although the final determination shall be in the discretion of
ONE JIB.
4.9 Terms
The term of office of a Member shall be no more than three years and no less than one year, and shall
be set by ONE JIB, acting on the recommendation of the Nominating Committee, at the time such
Member is appointed. Staggered terms are permitted. A Member may not be reappointed for a term
of office that, if served, would result in the Member serving on ONE JIB for longer than nine years
unless ONE JIB, on the recommendation of the Nominating Committee, agrees to such reappointment.
4.10 Orientation and Continuing Education
ONE Investment and ONE JIB shall provide orientation consisting of educational or informational
programs that enable a new Member to understand: (a) the role of ONE JIB and its Members
collectively; and (b) the role of the individual Member, including the commitment of time and energy
that is expected from the Member. ONE JIB may supplement such orientation, and any orientation
provided by ONE Investment on the nature and operation of municipal finance with such educational
programs that it reasonably deems necessary or desirable. Each Member shall participate in
orientation and continuing education programs provided or recommended by ONE JIB or ONE
Investment.
4.11 Chair and Vice -Chair
The Chair and the Vice -Chair of ONE JIB shall be elected for three-year terms by the Members and
upon the resignation, death, disqualification or removal of the current Chair or of the Vice -Chair. The
Members shall take into account ONE Investment's recommendations, if any, when electing the Chair
and the Vice -Chair. Each of the Chair and the Vice -Chair must be a Member. The Chair is responsible
for managing the mandate, responsibilities and functions of ONE JIB. The Chair's primary functions
are to lead ONE JIB meetings, facilitate the operations and deliberations of ONE JIB, foster
communications among Members, and ensure ONE JIB carries out its responsibilities in a timely and
effective manner. The Chair shall work with the Secretary, who shall act as board secretary of ONE JIB
and set agendas and circulate meeting materials for ONE JIB meetings in accordance with the
Procedure By-law, and shall be ONE JIB's primary contact with ONE Investment in preparing for
meetings. On an ongoing basis, the Chair shall assess whether ONE JIB has appropriate administrative
support, access to senior management of ONE Investment and access to outside advisers for the
purpose of ONE JIB fulfilling its mandate.
ONE JIB may, by by-law or resolution, appoint a Member to act in the place of the Chair or other
Member designated to preside at meetings in ONE JIB's Procedure By-law when the Chair or
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designated Member is absent or refuses to actor the office is vacant, and while so acting such Member
has all of the powers and duties of the Chair or designated Member, as the case may be, with respect
to the role of presiding at meetings.
4.12 Committees
In addition to the Nominating Committee provided for in Section 4.3, ONE JIB may authorize any other
committee or subcommittee to assist in carrying out any of its functions, except the removal of a
Member. Any such committee or subcommittee shall be chaired by a Member, and its members
appointed by ONE JIB, but such members of such committee or subcommittee need not all be
Members. If any such committee is constituted as an ad hoc committee, ONE JIB shall by resolution
provide it with a written mandate or terms of reference, and if constituted as a standing committee
of ONE JIB, ONE JIB shall amend and supplement these Terms of Reference to include a defined
mandate. Any committee or subcommittee formed under this Section 4.12 shall report on its meetings
to ONE JIB, generally by way of a report filed at the next following meeting of ONE JIB, and in any case
at least annually. A committee or subcommittee formed under this Section 4.12 is authorized to make
recommendations to ONE JIB on a matter within its mandate; however the decision to take action
based on the recommendation is reserved to ONE JIB. The Procedure By-law applies to proceedings
of committees of ONE JIB with necessary modifications.
4.13 Self Assessments V
Annually, ONE JIB must review and assess:
(a) its effectiveness as a board, as well as the effectiveness and contribution of each of its
Members, including a consideration of:
(i) the competencies and knowledge each Member is expected to bring to ONE JIB;
(ii) the level of complexity of the issues reasonably expected to be raised by Members in
connection with the matters under review by ONE JIB;
(iii) continuing education activities and industry knowledge of each Member; and
(iv) the ability of each Member to contribute the necessary time required to serve
effectively on ONE JIB;
(b) its structural effectiveness, including a consideration of:
(i) the frequency of meetings;
(ii) the substance of meeting agendas;
(iii) the policies and procedures that ONE Investment has established to refer matters to
ONE JIB;
(iv) the usefulness of the materials provided to Members; and
(v) the collective experience and background of the Members.
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(c) The written minutes of ONE JIB meetings at which these assessments take place shall form
the basis of the records of such assessments. ONE JIB may also establish a process for and
determine the frequency of additional assessments as it sees fit. ONE JIB shall consider how
to respond appropriately to address any opportunities for improvement found in a self -
assessment.
5. MEETINGS OF ONE JIB
5.1 Calling and Place of Meetings
Meetings of ONE JIB shall be called by the Chair of ONE JIB, in accordance with the Procedure By-law
and the schedule of meetings approved by ONE JIB.
Except as may be permitted under the Act, meetings of ONE JIB shall be open to members of the
public. Members may participate electronically with all the rights and duties of the other Members
under the circumstances set out in the Procedure By-law.
Exhibit B sets out the current limited circumstances under which meetings of ONE JIB may or shall be
closed, in accordance with the provisions of the Act.
5.2 Notice of Meeting
Notice of the time and place of each meeting of ONE JIB shall be given by the Secretary as required
under the Procedure By-law. The notice shall identify the main matters to be addressed at the
meeting. The Secretary shall arrange for the notice of meeting to be posted or publicized as required.
Persons wishing to make deputations or representations to a meeting on any matter to be addressed
at a meeting shall make appropriate arrangements to do so through the Secretary.
5.3 Persons Entitled to Participate
When submitting a matter to ONE JIB for its recommendation or approval, ONE Investment and its
representatives shall be entitled to be present at meetings of ONE JIB to outline the nature of the
question or matter to be reviewed by ONE JIB. Any other person may participate in the meeting in
accordance with the Procedure By-law and on the invitation of the Chair of the meeting or with the
consent of ONE JIB. ONE JIB may hold at least one segment of one meeting annually at which ONE
Investment, any entity related to ONE Investment or any of their representatives are not in
attendance.
5.4 Conduct of Meetings
All other procedural matters pertaining to the conduct of meetings, including voting at meetings, are
governed by the Procedure By -Law.
5.5 Minutes of the Meetings and other Records
Minutes and closed session records of all meetings of ONE JIB and reports of all ONE JIB committee
meetings shall be kept. The Secretary to ONE JIB or the Secretary's designee shall be responsible for
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taking the minutes of the meeting and otherwise serving as secretary of the meeting. Procedures
relating to approval, adoption and publication of minutes are contained in the Procedure By-law.
The Secretary to ONE JIB shall be responsible for maintaining records of these Terms of Reference,
minutes, closed session records and reports of meetings, copies of the agenda and materials provided
to ONE JIB, copies of materials and written reports prepared by ONE JIB and copies of ONE JIB's own
determinations. ONE JIB may satisfy this recordkeeping requirement by arranging for ONE Investment
to keep such records. Other than as set out in Exhibit C, all the foregoing records shall be subject to
disclosure in accordance with the Act and the Municipal Freedom of Information and Protection of
Privacy Act.
6. CONFLICTS OF INTEREST
6.1 Application of the Municipal Conflict of Interest Act
ONE JIB is a local board for purposes of the Municipal Conflict of Interest Act (MCIA) and Members are
subject to this Act. A Member shall comply with this Act.
6.2 Duty to Disclose
Members of ONE JIB are required to make disclosure of their direct and indirect pecuniary interests
in accordance with the requirements of the MCIA and the Code of Conduct. The Code of Conduct
contains additional specific provisions relating to disclosure of pecuniary interests. The Secretary to
ONE JIB shall be available to assist Members of ONE JIB with the disclosure process.
Furthermore, to the extent not covered by the provisions of the MCIA and the Code of Conduct, a
Member shall disclose to ONE JIB and to ONE Investment any circumstances or relationships which
exist at the time of appointment or which arise thereafter, which could constitute a conflict of interest.
For purposes hereof, a conflict of interest includes circumstances or relationships, including serving
on any other boards or commissions, which (a) a reasonable person would consider to constitute a
conflict of interest which could interfere with the Member's ability to act in good faith and in the best
interests of the Participating Municipalities; or (b) to a reasonable person would be expected to
interfere with the Member's exercise of independent judgement.
Having disclosed or declared a conflict of interest, the Member shall thereupon take direction from
the Chair of ONE JIB who shall be advised by the Secretary to ONE JIB.
7. STANDARD OF CARE AND INDEMNITY
7.1 Standard of Care
All Members of ONE JIB in exercising their powers and discharging their duties as a Member shall:
act honestly and in good faith with a view to the best interests of each Participating
Municipality; and
exercise the degree of care, diligence and skill that a reasonably prudent person would
exercise in comparable circumstances.
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7.2 Indemnification
All Members, their respective heirs, executors and assigns, (in each case, an "Indemnified Party")
shall be indemnified by the Participating Municipalities for all liabilities, claims, damages, losses, costs
and expenses incurred by them in connection with any action, suit or proceeding that is proposed or
commenced or any other claim to which such Indemnified Party may be subject by reason of the
management and control of the Managed Assets or otherwise arising out of or in connection with
acting on behalf of the Participating Municipalities or in furtherance of the interests of the
Participating Municipalities, except that this indemnity shall not apply to (a) losses arising from such
Indemnified Party's own wilful misconduct or fraud, or (b) expenses of the Participating Municipalities
that the Indemnified Party has agreed to bear. To the fullest extent permitted by law, expenses
(including, without limitation, legal fees and expenses) incurred by an Indemnified Party in defending
any claim, demand, action, suit or proceeding shall, from time to time, be advanced by the
Participating Municipalities prior to the final disposition of such claim, demand, action, suit or
proceeding upon receipt by the Participating Municipalities of an undertaking by or on behalf of the
Indemnified Party to repay such amount if it shall be determined that the Indemnified Party is not
entitled to be indemnified as authorized in this Section 7.2. Amounts required to be paid or advanced
to an Indemnified Party under this Section 7.2 shall be paid by Participating Municipalities in such
proportion as ONE JIB, on the recommendation of ONE Investment, considers to be fair and equitable
in the circumstances.
Further, the Members shall not be liable to ONE Investment or the Participating Municipalities or to
any person for any loss or damages relating to any matter regarding ONE Investment and its
investments, including any loss or diminution in the value of the Participating Municipalities'
investments or assets. To the fullest extent permitted by law, expenses (including, without limitation,
legal fees and expenses) incurred in defending any claim, demand, action, suit or proceeding shall,
from time to time, be advanced by the Participating Municipalities prior to the final disposition of such
claim, demand, action, suit or proceeding upon receipt by the Participating Municipalities of an
undertaking by or on behalf of the Member to repay such amount if it shall be determined that the
Member is not entitled to be indemnified. The foregoing indemnification applies only if the Member
has acted in a manner consistent with the standard of care set out in Section 7.1 above.
7.3 Liability
Unless otherwise required by applicable legislation, no Member shall be liable to ONE Investment or
the Participating Municipalities or any other person if the Member complied with the standard of care
set forth in Section 7.1, including reliance on advice in the manner contemplated in Section 3.8.
7.4 Insurance
Each Member shall be entitled to an indemnity by ONE Investment and/or an affiliate of ONE
Investment to the fullest extent permitted by applicable law. ONE JIB or ONE Investment may
purchase and maintain (or reimburse individual Members for the cost of) insurance in such amounts
and on such terms as are commercially reasonable on behalf of the Members against any liability that
may be asserted against or expense that may be incurred by Members in connection with, or in any
way related to, acting as Members of ONE JIB.
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8. FEES AND EXPENSES
8.1 Compensation
The Founding Municipalities, together with ONE Investment, shall set the initial amount of
compensation and expenses of the Members. After the initial compensation and expenses are set,
the Members shall be entitled to receive such reasonable compensation and expenses for acting as
Members of ONE JIB as ONE Investment, in consultation with ONE JIB, may from time to time
determine. Such compensation may, but need not, include an annual retainer amount or stipend for
acting as a Member, as well as compensation for attendance at information, continuing education and
similar sessions at which no formal business is conducted. The compensation shall be set out in Exhibit
D and amended from time to time as provided herein. ONE Investment must consider ONE JIB's most
recent assessment of its compensation and ONE JIB's recommendations, if any, of the amount and
type of compensation and expenses in setting the compensation of Members. In the event ONE JIB
disagrees with ONE Investment's recommendation, ONE JIB shall discuss the issue with ONE
Investment in a good faith attempt to reach an agreement. In determining the appropriate level of
compensation, ONE Investment must consider:
(a) the nature and complexity of the investments made by and on behalf of the Participating
Municipalities;
(b) the nature and extent of the workload of each Member, including the commitment of time
and energy that is expected from each Member;
(c) industry best practices, including industry averages and surveys on similar board
compensation; and
(d) the best interests of the Participating Municipalities.
8.2 Reimbursement of Expenses
Members shall be entitled to reimbursement for their reasonable expenses incurred in attending
meetings of ONE JIB and other out of pocket expenses incurred in connection with acting as a
Member. ONE Investment will request production of receipts and documents supporting expenses.
9. CONFIDENTIALITY
9.1 Maintaining Confidentiality
The definition of Confidential Information is found in the Code of Conduct. Each Member shall, in
accordance with the Act and the Code of Conduct, protect the confidentiality, and prevent the
unauthorized disclosure or use, of Confidential Information. Each Member shall promptly notify ONE
JIB's Chair or ONE Investment of any advertent or inadvertent disclosure, misuse or misappropriation
of Confidential Information of which the Member becomes aware.
The Members shall not be subject to any confidentiality obligation in respect of any Confidential
Information that is or was (i) information in the public domain; (ii) disclosed to the Member by a third
person not subject to a confidentiality obligation to ONE JIB, ONE Investment or a Participating
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Municipality; (iii) approved by ONE JIB, ONE Investment or a Participating Municipality for disclosure
to another person or the public; or (iv) required by law to be disclosed by the Member.
9.2 Public Statements and Dealing with Media
In the event ONE JIB, or any of its Members, is contacted by the media or a regulator, in respect of
any issue related to ONE Investment, the request will be referred to the Chair of ONE JIB or the Chair's
designate.
10. AMENDMENTS
10.1 General
A notice or document required to be sent to a Member or to ONE Investment may be sent by prepaid
mail addressed to, or may be delivered personally or by courier to, the Member at the Member's
latest address provided by the Member to ONE Investment, and to ONE Investment at:
ONE Joint Investment Board
or ONE Investment
155 University Ave., Suite 800
Toronto, ON M51-1 3137
Attention: The Secretary with copy to the Chair
email: secretary@oneinvestment.ca h, (>
or such other address as ONE Investment may notify each Member. A notice or document if mailed
to a Member or ONE Investment shall be deemed to have been received at the time it would be
delivered in the ordinary course of mail unless there are reasonable grounds for believing that the
Member or ONE Investment did not receive the notice of the document at that time or at all.
10.2 Amendments
ONE JIB may amend these Terms of Reference from time to time, in consultation with ONE Investment
and in compliance with the provisions of the Agreement, including where applicable, receipt of
approval or consent of Participating Municipalities. A decision by ONE JIB to propose to amend these
Terms of Reference must be approved at a meeting of ONE JIB. ONE JIB shall provide ONE Investment
with at least 30 days' notice of any such proposal to amend these Terms of Reference and ONE JIB
must consider ONE Investment's recommendations relating to such proposed amendment. Upon
expiry of the 30-day notice period, and subject to receipt of any other consents or approvals as may
be required, ONE JIB may approve the proposed amendment at a meeting of ONE JIB, and such
amendment shall be effective immediately thereafter. As soon as is practicable, ONE JIB shall notify
ONE Investment that the proposed amendment has been approved and is in effect. Where relevant
to the Participating Municipality, ONE JIB shall include a description of any material amendments to
these Terms of Reference in its annual report to each Participating Municipality. ONE JIB may not
amend these Terms of Reference (i) in a manner inconsistent with the Act and the Regulation and any
other provisions of applicable Municipal Legislation, (ii) to give ONE JIB functions other than those
prescribed by the Act and the Regulation, or (iii) other than as permitted by the Agreement and this
Section 10.2.
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10.3 Electronic Delivery
Provided the addressees have consented in writing or electronically, the notice requirements may be
satisfied by creating and providing an electronic document. An electronic document is deemed to
have been received when it enters the information system designated by the addressee (provided
that it has been properly addressed) or, if the document is posted on or made available through a
generally accessible electronic source, when the addressee receives notice in writing of the availability
and location of that electronic document.
10.4 Computation of Time
In computing the time when a notice or document must be given or sent under any provision requiring
a specified number of days' notice of any meeting or other event, the day on which the notice or
documents is given or sent shall be excluded and the day on which the meeting or other event occurs
shall be included.
10.5 Omissions and Errors
The accidental omission to give any notice or send any document or the non -receipt of any notice or
document or any error in any notice or document not affecting the substance thereof shall not
invalidate any action taken at any meeting held pursuant to such notice or otherwise founded on such
notice or document.
IM
..O
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EXHIBIT A
ONE JOINT INVESTMENT BOARD
CODE OF CONDUCT
POLICY STATEMENT
This Code of Conduct establishes standards of conduct for Members of the ONE Joint Investment Board
("ONE JIB") in the conduct of their official duties. It is a schedule to the agreement between ONE JIB, each
Participating Municipality and ONE Investment under which all Participating Municipalities and ONE JIB
agree to the terms pursuant to which ONE JIB will manage and control the money that is not required
immediately of the Participating Municipalities (the "ONE JIB Agreement").
Unless the context otherwise requires, defined terms used herein have the meanings ascribed to such
terms in the ONE JIB Agreement. In the event of a discrepancy or inconsistency between the provisions
contained in the ONE JIB Agreement and those contained in this Code of Conduct, the ONE JIB Agreement
shall prevail.
APPLICATION
This Code of Conduct applies to the Chair and the other Members of ONE JIB acting in their capacity as
Members. This includes, but is not limited to, the conduct of Members in the following circumstances:
• in relation to matters immediately before, and/or solely within the purview of ONE JIB;
• when interacting with ONE JIB and ONE Investment staff and/or another Member;
• in relation to business conducted by ONE JIB;
• while on the premises of ONE JIB, whether such premises are owned, leased or simply
occupied by ONE JIB;
• during an event or function of ONE JIB;
• while serving on any board, committee or other body to which the Member was
appointed by ONE JIB; and
• during a non -ONE JIB event or function where the Member has been expressly invited or
is participating as a representative of ONE JIB.
PURPOSE
The purpose of this Code of Conduct is to set a standard of conduct for Members of ONE JIB as required
by the Municipal Act, 2001 (the "Act"). Abiding by this standard helps to promote good governance and
maintain public confidence in ONE JIB and the Participating Municipalities.
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1.0 DEFINITIONS
1.1 The following terms shall have the following meanings in this Code of Conduct:
(a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25;
(b) "Child" means a child born within or outside marriage and includes an adopted child and
a person to whom a parent has demonstrated a settled intention to treat as a child of her
or his family;
(c) "Committee" means a committee or sub -committee established by ONE JIB;
(d) "Confidential Information" means any non-public, proprietary or private information,
related to the functions of ONE JIB, ONE Investment, the Participating Municipalities or
any of the investment funds managed by ONE JIB or any agent of ONE JIB and, without
limiting the foregoing, includes:
(i) any such information provided orally, in writing or electronically, and
(i i) all or any part of any documented information to the extent that any applicable
legislation, including the Act and the Municipal Freedom of Information and
Protection of Privacy Act, permits or requires such information, including personal
information, to be private;
(e) "Integrity Commissioner" means the Integrity Commissioner appointed by ONE JIB;
(f) "Member" means a member of ONE JIB, including the Chair;
(g) "MNPI" means material non-public information;
(h) "Non -pecuniary Interest" means a private or personal interest that a Member may have
that is non -financial in nature but that arises from a relationship with a person or entity
that would be considered by a reasonable person, apprised of all the circumstances, as
being likely to influence the Member's decision in any matter in which the Non -pecuniary
Interest arises;
(i) "ONE Investment" means the not -for -profit corporation founded by CHUMS Financing
Corporation and Local Authority Services which provides certain management,
administrative and other services to ONE JIB under the ONE Joint Investment Board
Services Agreement made between ONE JIB and ONE Investment;
(j) "ONE JIB" means the ONE Joint Investment Board that has been established under
subsection 202(1) of the Act in accordance with Part II of O. Reg. 438/97, as constituted
from time to time, acting pursuant to the ONE JIB Agreement;
(k) "Parent" means a person who has demonstrated a settled intention to treat a child as a
member of that person's family whether or not that person is the natural parent of the
child;
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(1) "Participating Municipalities" means the municipalities for whom ONE JIB acts as the
Joint investment Board under the terms of the ONE JIB Agreement from time to time;
(m) "Pecuniary Interest" means a direct or indirect interest of a financial nature, including the
interest of the Parent or Spouse or any Child of the Member, if known to the Member;
and
(n) "Spouse" means a person to whom a person is married or with whom the person is living
in a conjugal relationship outside marriage.
2.0 STATEMENT OF PRINCIPLES
2.1 The following principles will guide Members and assist with the interpretation of this Code of
Conduct:
(a) Members shall serve the public in a conscientious and diligent manner;
(b) Members shall always act with integrity, accountability and transparency, and shall avoid
the improper use of influence in their office as well as conflicts of interest, both apparent
and real;
(c) Members shall perform their duties and arrange their private affairs in a manner that
promotes public confidence and will stand up to public scrutiny;
(d) Members shall observe and comply with the laws of Canada, Ontario and the laws and
policies adopted by ONE JIB, including but not limited to the following:
(i) Criminal Code,
(ii) Municipal Act, 2001,
(iii) Municipal Conflict of Interest Act,
(iv) Municipal Freedom of Information and Protection of Privacy Act,
(v) Occupational Health and Safety Act,
(vi) Human Rights Code,
(vii) Securities Act,
(viii) ONE JIB Procedure By-law; and
(e) Members shall be fair and respectful of differences and have a duty to work together for
goodwill, the common good and the public interest.
2.2 The statements set out in Section 2.1 are key principles that are intended to facilitate an
understanding, application and interpretation of the Code of Conduct — the principles are not
operative provisions of the Code of Conduct and are not intended to be enforced independently
as such.
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3.0 GENERAL DUTIES
3.1 In exercising the Member's powers and discharging her or his duties as a Member, each Member
shall:
(a) act honestly and in good faith with a view to the best interests of ONE JIB and the
Participating Municipalities;
(b) exercise the degree of care, diligence and skill that a reasonably prudent person would
exercise in comparable circumstances;
(c) refrain from making:
(i) any statement known to be false or with the intent to mislead ONE JIB, ONE
Investment staff, the Participating Municipalities or the public, and
(ii) any disparaging comment or unfounded and speculative accusation about the
motives of another Member, ONE Investment staff, the Participating
Municipalities or the public.
4.0 CONDUCT AT MEETINGS
4.1 Members will conduct themselves at all ONE JIB and Committee meetings with decorum and in
accordance with ONE JIB's Procedure By-law and any other applicable procedural rules and
policies.
5.0 CONFIDENTIAL INFORMATION
5.1 Members receive confidential information from a number of sources as part of their work. This
includes information ONE JIB receives in confidence that falls under the privacy provisions of the
Municipal Freedom of Information and Protection of Privacy Act and other applicable privacy laws
as well as information received during closed meetings of ONE JIB or its Committees. It also
includes information that a Member is restricted from using or disclosing under the Criminal Code,
the Securities Act, or due to any contractual obligations or policies of ONE JIB or ONE Investment.
(a) Members are only entitled to information in the possession of ONE JIB that is relevant to
matters before ONE JIB or its Committees.
(b) Members shall not use confidential information for personal or private gain or for the gain
of any other person including, without limitation, a Parent, Spouse, Child, grandchild,
friend or associate.
(c) Members shall not directly or indirectly benefit, or aid others to benefit, from knowledge
relating to the property and assets of ONE JIB, ONE Investment or any of the Participating
Municipalities.
5.2 Without limiting the generality of any provision of Section 5.0, Members acknowledge that in the
course of discharging their responsibilities, they may have access to MNPI about securities issuers,
including public companies. All such MNPI is considered "confidential information." Any use of
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MNPI to make an investment decision or recommendation or to "tip" others who might make an
investment decision on the basis of the MNPI is unethical and illegal and could result in civil and/or
criminal penalties. If a Member learns of MNPI about an issuer, the Member must refrain from
disclosing it (otherthan to another person with a need to know) or making use of such information
in any manner until the information has been publicly disclosed or is no longer material.
5.3 Members shall not disclose the content of any confidential information, or the substance of
confidential deliberations, of a closed meeting of ONE JIB or any of its Committees. Each Member
has a duty to hold information received at closed meetings in strict confidence for as long and as
broadly as the confidentiality applies. Members must not, either directly or indirectly, release,
make public or in any way divulge any confidential information or any confidential aspect of closed
ONE JIB or Committee deliberations to anyone, unless authorized by ONE JIB or as required by
law. r '
5.4 Members shall not disclose, use or release information in contravention of applicable privacy
laws.
6.0 STAFF AND ONE JIB RELATIONS
6.1 ONE JIB, ONE Investment and the Participating Municipalities approve budgets, policies and other
governance of ONE JIB through their by-laws, resolutions and other decisions. Individual Members
do not direct or oversee the functions of ONE Investment staff.
6.2 Members shall respect the role of ONE Investment staff in the administration of the business
affairs of ONE JIB. Members shall respect that:
(a) staff provide advice and make policy recommendations in accordance with their
professional ethics, expertise and obligations. Members shall not falsely or maliciously
injure the reputation of staff members whether professional or ethical or otherwise;
(b) staff serves ONE JIB as a whole, and the combined interests of all Members as evidenced
through the decisions of ONE JIB. Members shall not:
(c) make requests or statements or take actions which may be construed as an attempt to
influence the independent administration of ONE JIB business, or
(d) attempt to intimidate, threaten, or influence any staff member from carrying out that
person's duties, including any duty to disclose improper activity;
(e) staff carry out their duties based on political neutrality and without undue influence from
any individual Member. Members shall not invite or pressure any member of staff to
engage in partisan political activities or be subjected to discrimination or reprisal for
refusing to engage in such activities.
7.0 DISCRIMINATION AND HARASSMENT
7.1 ONE JIB is committed to providing and maintaining a working environment that is based on
respect for the dignity and rights of everyone acting in conjunction with ONE JIB and meeting its
obligations under the Human Rights Code and the Occupational Health and Safety Act. It is ONE
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JIB's goal to provide a healthy, safe, and respectful work environment that is free from any form
of harassment or discrimination.
7.2 All Members have a duty to treat members of the public, one another and ONE Investment staff
with respect and without abuse, bullying or intimidation and to ensure that their work
environment is free from discrimination, harassment and violence. This duty applies to all in -
person activities and to all electronic communications, including the use of social media.
8.0 USE OF ONE JIB PROPERTY
8.1 ONE JIB and ONE Investment are the stewards of ONE JIB's assets. The Participating Municipalities
and the community place their trust in ONE JIB to make decisions for the public good in relation
to these assets.
8.2 By virtue of the Member's office or appointment, a Member shall not:
(a) use or permit the use of ONE JIB or ONE Investment facilities, equipment, supplies,
services, staff or other resources for activities other than ONE JIB's business;
(b) seek financial gain for themself, or for any other person including, without limitation the
Member's Parent, Spouse, Child, grandchild, friend or associate, from the use or sale of
information owned by ONE JIB or ONE Investment or intellectual property, computer
programs, web or social media accounts, technological innovations, or other patents,
trademarks or copyright held by ONE JIB or ONE Investment;
(c) use any information the Member may obtain about any proposed trading activity in, or
other transaction involving, the investment portfolios of the Participating Municipalities
to trade for her or his own account or for the account of any other person including,
without limitation, the Member's Parent, Spouse, Child, grandchild, friend or associate in
respect of which the Member has trading authority.
9.0 CONFLICTS OF INTEREST
9.1 Members shall take appropriate steps to avoid conflicts of interest, both apparent and real and
are required to comply with the Municipal Conflict of Interest Act. Proactive steps to mitigate
conflicts of interest are important to maintaining public confidence in Members, ONE JIB and the
Participating Municipalities.
9.2 Members shall seek guidance from the Integrity Commissioner if they believe that they may have
a conflict between their responsibilities to the public as a Member and any other Pecuniary
Interest or Non -pecuniary Interest.
9.3 To the extent not covered by the Municipal Conflict of Interest Act or the ONE JIB Agreement, a
Member shall disclose to ONE JIB and to ONE Investment any circumstances or relationships
which exist at the time of appointment or which arise thereafter which could constitute an existing
or potential conflict of interest. For this purpose, a potential conflict of interest includes
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circumstances or relationships, including serving on any other boards or commissions, which a
reasonable person:
(a) would consider to constitute a conflict of interest which could interfere with the
Member's ability to act in good faith and in the best interests of ONE JIB and the
Participating Municipalities; or
(b) would expect to interfere with the Member's exercise of independent judgment.
10.0 BUSINESS RELATIONS
10.1 A Member shall not be a director or hold an executive position with any organization whose
objectives and mandate are in conflict with, or may reasonably be perceived to be in conflict with,
the objectives and mandate of ONE JIB. Before taking a new executive position, the Member shall
inform the Chair and the Integrity Commissioner to obtain advice about the new circumstances.
10.2 A Member shall not act as a paid agent of ONE JIB or provide goods, consulting or other services
to ONE JIB directly or indirectly through a partnership, professional or closely -held corporation.
10.3 If a Member becomes aware that an entity in which the Member has a material interest, as a
director, employee or agent, may offer or provide goods, consulting or other services to ONE JIB,
the Member shall:
(a) disclose those circumstances to the Chair; and
(b) seek written advice from the Integrity Commissioner about the application of the
Municipal Conflict of Interest Act and whether, in consideration of the circumstances, the
Member's ongoing membership is in the best interests of ONE JIB.
In providing written advice pursuant to Section 10.3(b), the Integrity Commissioner shall consider
the risk of harm to the reputation of ONE JIB and the Participating Municipalities.
10.4 Unless otherwise agreed to by ONE Investment and a majority of the Members, a Member shall
resign from ONE JIB upon becoming aware of:
(a) any personal circumstances that may have an adverse impact on the reputation of ONE
JIB;
(b) a material change in employment that may have an adverse effect on the Member's
contribution to ONE JIB; or
(c) a conflict of interest as described in Sections 9.0 or 10.0 resulting from the Member
accepting a directorship with a financial institution or other corporation.
11.0 IMPROPER USE OF INFLUENCE
11.1 Members shall not use the influence of their office or appointment for any purpose other than
the exercise of their official duties.
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11.2 Members shall not use the status of their position to influence the decision of another person
which may affect the Pecuniary Interest or Non -pecuniary Interest of themselves, or of any other
person including, without limitation, a Parent, Spouse, Child, grandchild, friend or associate, or
for the purpose of creating a disadvantage to another person.
12.0 GIFTS AND BENEFITS
12.1 Gifts to Members risk the appearance of improper influence. Gifts may appear to induce influence
or create an incentive for Members to make decisions on the basis of relationships rather than in
the best interests of ONE JIB or its Participating Municipalities. Members shall not accept a fee,
advance, gift, gift certificate, cash or personal benefit connected directly or indirectly with the
performance of the Member's duties.
12.2 A gift, benefit or hospitality that is connected directly or indirectly to the performance of the
Member's duties provided with the Member's knowledge to a Member's Spouse, Child, Parent,
grandchild or to a Member's friend or associate is deemed to be a gift to that Member.
12.3 Notwithstanding Section 12.1, Members shall be entitled to accept any gifts or benefits in their
public capacity in the following circumstances:
(a) compensation authorized by law;
(b) gifts or benefits that normally accompany the responsibilities of office and are received
as an incident of protocol or social obligation;
(c) gifts or benefits given in recognition of services provided without compensation by
Members volunteering their time;
(d) a suitable memento at a function honouring the Member;
(e) food, lodging, transportation and entertainment provided by:
(i) provincial, regional or local governments or political subdivisions of them,
(ii) the federal government,
(iii) a foreign government within a foreign country,
(iv) Association of Municipalities of Ontario,
(v) Local Authority Services,
(vi) Municipal Finance Officers' Association of Ontario,
(vii) CHUMS Financing Corporation,
(viii) ONE Investment, or
(ix) a conference, seminar or event organizer where the Member is either speaking
or attending in an official capacity;
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(f) participating in or consuming food and beverages at banquets, receptions, sporting
events or similar functions, if:
(i) attendance serves a legitimate business purpose, or supports a charitable cause
in the community, a board of trade or chamber of commerce;
(ii) the person extending the invitation or a representative of the organizing entity is
in attendance; and
(iii) the value is reasonable and the invitations infrequent;
(g) gifts of nominal value (e.g. a baseball cap, t-shirt, flash drive, book);
(h) any gift or personal benefit, if the Integrity Commissioner is of the opinion, before the gift
or personal benefit has been accepted, that it is unlikely that receipt of the gift or benefit
gives rise to a reasonable presumption that the gift or benefit was given in order to
influence the Member in the performance of the Member's duties.
12.4 The exceptions set forth in Section 12.3 do not apply where the gifts or benefits are provided by
potential administrators, custodians, payment servicers, portfolio managers, investment counsel,
bankers, brokers, dealers or other agents as may be required to implement the Investment Plan
in accordance with a Participating Municipality's Investment Policy Statement.
12.5 In the case of Sections 12.3 (b), (d), (e) and (f) of, if the value of the gift or benefit exceeds $500,
or if the total value of gifts and/or benefits received from any one source during the course of a
calendar year exceeds $500, the Member shall, within thirty (30) days of receipt of the gift or
benefit or reaching the annual limit, file a disclosure statement with the Integrity Commissioner.
The disclosure statement will be a matter of public record. The disclosure statement shall provide
the following information:
(a) the nature of the gift or benefit;
(b) its source and date of receipt;
(c) the circumstances under which it was given or received;
(d) its estimated value;
(e) what the Member intends to do with the gift or benefit; and
(f) whether the gift or benefit will at any point be left with ONE JIB or ONE Investment.
12.6 On receiving a disclosure statement, the Integrity Commissioner shall examine it to ascertain
whether receipt of the gift or benefit might, in her or his opinion, create a conflict between a
private interest and the public duty of the Member. In the event that the Integrity Commissioner
makes this preliminary determination, the Integrity Commissioner shall call upon the Member to
justify receipt of the gift or benefit.
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12.7 Should the Integrity Commissioner determine that receipt was inappropriate, the Integrity
Commissioner may direct the Member to return the gift or benefit, reimburse the donor for the
value of the gift or benefit if already consumed, or forfeit the gift or benefit or remit the value of
the gift or benefit if already consumed to ONE JIB or ONE Investment.
12.8 Except in the cases of Sections 12.3 (a) and (e), a Member may not under any circumstances
accept a gift or benefit worth in excess of $750 or gifts and benefits worth in the aggregate in
excess of $750 from one source during a calendar year.
13.0 COMMUNICATION
13.1 Members shall seek to advance the public interest with honesty and refrain from making any
statement through any medium (including and without limiting the generality of the foregoing,
through any social media platform) to Participating Municipalities, other stakeholder groups, the
media or the public unless such statement is authorized by the Chair of ONE JIB or the Chair's
delegate.
14.0 ELECTION ACTIVITY
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14.1 Members are required to conduct themselves in accordance with elections legislation as may be
amended from time to time, and any ONE JIB policies. The use of ONE JIB resources, including
property and ONE Investment staff time, for any election -related activity is strictly prohibited.
Election -related activity applies to the Member's campaign and any other election campaigns for
municipal, provincial or federal office.
15.0 INTEGRITY COMMISSIONER'S ADVICE
15.1 It is the duty of the Member to seek the Integrity Commissioner's written advice on any potential
situation where the Member might reasonably be expected to be in contravention of this Code of
Conduct.
15.2 Any written advice given to a Member by the Integrity Commissioner binds the Integrity
Commissioner in any subsequent consideration of the conduct of the Member in the same matter
as long as all the relevant facts known to the Member were disclosed to the Integrity
Commissioner and the facts remain unchanged.
16.0 RESPONSIBILITIES
16.1 Members shall:
(a) consult with the Integrity Commissioner if they need any advice or clarification regarding
their obligations under this Code of Conduct; and
(b) adhere to the provisions of this Code of Conduct and ensure compliance with all
applicable legislation as well as all procedures, rules or policies of ONE JIB governing their
ethical behaviour.
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16.2 The Integrity Commissioner shall:
(a) investigate complaints related to a Member's alleged contravention of this Code of
Conduct;
(b) provide written advice to Members with respect to their obligations under the Code of
Conduct and the Municipal Conflict of Interest Act;
(c) provide educational information about the Code of Conduct and the Municipal Conflict of
Interest Act; and
(d) provide such advice and opinions as may be from time to time requested by ONE JIB.
17.0 CONTRAVENTION
17.1 The Integrity Commissioner shall establish a complaint protocol to investigate complaints of
contraventions by Members of this Code of Conduct and sections 5, 5.1 and 5.2 of the Municipal
Conflict of Interest Act.
17.2 Members shall not act in reprisal or threaten reprisal against a person who makes a complaint,
files an application or provides information to the Integrity Commissioner during an investigation.
17.3 Members are expected to cooperate with requests for information during investigations relating
to the Code of Conduct and the Municipal Conflict of Interest Act. Members shall not destroy
documents or erase electronic communications or refuse to respond to the Integrity
Commissioner where a complaint has been lodged under the Code of Conduct, the Municipal
Conflict of Interest Act or any process for complaints adopted by ONE JIB.
17.4 Where a report is received from the Integrity Commissioner that there has been a contravention
of the Code of Conduct, ONE JIB may impose either of the following penalties on the Member as
permitted by the Act:
(a) a reprimand; or
(b) a suspension of the remuneration paid to the Member in respect of the Member's
services on ONE JIB for a period up to 90 days.
17.5 ONE JIB may, on the basis of a recommendation from the Integrity Commissioner, also take any
or all of the following corrective or remedial actions, and require that the Member:
(a) provide a written or verbal apology;
(b) return property or make reimbursement of its value or of money spent;
(c) be removed from or not be appointed to the membership on a Committee;
(d) be removed from or not be appointed as chair of a Committee; and
(e) comply with any other remedial or corrective action or measure deemed appropriate by
the Integrity Commissioner.
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18.0 COMPLAINT PROTOCOL
18.1 The Complaint Protocol is Appendix "A" to this Code of Conduct and applies to Complaints (as
defined in Appendix "A") under this Code of Conduct and the Municipal Conflict of Interest Act.
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APPENDIX A
ONE JOINT INVESTMENT BOARD CODE OF CONDUCT
COMPLAINT PROTOCOL
Defined terms used herein, unless the context otherwise requires, have the meanings ascribed to such
terms in the Code of Conduct. In the event of a discrepancy or inconsistency between the provisions
contained in the Code of Conduct and those contained in this Complaint Protocol, the Code of Conduct
shall prevail.
PART A - INFORMAL COMPLAINT PROCEDURE
1. Any individual who identifies or witnesses behaviour or activity by a Member that they believe
contravenes the Code of Conduct may seek to address the prohibited behaviour or activity
themselves in the following manner by following the Informal Complaint Procedure:
(a) document the incident(s) where the Member may have contravened the Code of Conduct
including dates, times, locations, other persons present, and any other relevant
information;
(b) advise another person about the concerns regarding the Member's actions, to
corroborate the incident;
(c) advise the Member that the behaviour or activity appears to contravene the Code of
Conduct;
(d) identify to the Member the specific provision(s) of the Code of Conduct that may have
been contravened;
(e) encourage the Member to acknowledge and agree to stop the prohibited behaviour or
activity and to undertake to refrain from future occurrences of the prohibited behaviour
or activity;
(f) if applicable:
(i) confirm to the Member that the Member's response is satisfactory, or
(ii) advise the Member that the Member's response is unsatisfactory;
(g) consider the need to pursue the matter in accordance with the Formal Complaint
Procedure set out in Part B, or in accordance with any other applicable judicial or quasi-
judicial process or complaint procedure.
2. Individuals are encouraged to pursue the Informal Complaint Procedure as the first means of
remedying behaviour or activity of a Member that they believe contravenes the Code of Conduct.
3. The Integrity Commissioner may be requested to assist in an attempt to settle or resolve the issue
with the Member and the individual but will participate only if both parties have consented.
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4. The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the Formal
Complaint Procedure related to the Code of Conduct set out in Part B.
PART B - FORMAL COMPLAINT PROCEDURE
Formal Complaints
5.(1) Any individual who identifies or witnesses behaviour or activity by a Member that they reasonably
believe contravenes the Code of Conduct may file a formal complaint ("Complaint") to request an
inquiry by the Integrity Commissioner as to whether a Member has contravened the Code of
Conduct in accordance with the following requirements:
(a) a Complaint shall be in writing on the prescribed form (Formal Complaint Form # 1
attached hereto) and shall be dated and signed by an identifiable individual (the
"complainant");
(b) the Complaint must set out reasonable and probable grounds for the allegation that the
Member has contravened the Code of Conduct and must be accompanied by a supporting
sworn affidavit setting out the evidence in full in support of the allegation; and
(c) Members of ONE JIB may also file a Complaint against any of its Members of an alleged
contravention of the Code of Conduct by passing a resolution requesting the Integrity
Commissioner to undertake an inquiry.
(2) An elector, as defined in section 1 of the Municipal Conflict of Interest Act, or a person
demonstrably acting in the public interest (collectively, a "complainant") may file a formal
application requesting that the Integrity Commissioner carry out an inquiry concerning an alleged
contravention of section 5, 5.1 or 5.2 of that statute by a Member in accordance with the following
requirements:
(a) an application (also referred to as a "Complaint" herein) shall be in writing on the
prescribed form (Complaint Form #2 attached hereto), dated and signed by an identifiable
individual;
(b) the application shall include a statutory declaration attesting to the fact that:
(i) the complainant became aware of the contravention not more than six (6) weeks
before the date of the application, or
(ii) in the case where the complainant became aware of the alleged contravention
during the period of time described in paragraph 1 of subsection 223.4.1(5) of the
Municipal Act, 2001, that the complainant became aware of the alleged
contravention during that period of time;
(c) ONE JIB may also pass a resolution requesting the Integrity Commissioner to undertake
an inquiry respecting an alleged contravention of section 5, 5.1 or 5.2 of the Municipal
Conflict of Interest Act by a Member and provide a statutory declaration as required by
Section 5(2) to be sworn by a Member of ONE JIB.
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(3) Complainants who file a formal Complaint under Sections 5(1) or 5(2) must provide a full and
complete record of evidence to substantiate or support the allegations set out in the Complaint
to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek additional
information.
Filing of Complaint and Classification by Integrity Commissioner
6.(1) The Complaint may be filed with the Integrity Commissioner by hard copy or by e-mail at the
following mailing or email addresses:
John Mascarin
Aird & Berlis LLP
181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Email: jascarin@airdberlis.com ,
Tel: 416-865-7721
(2) The Integrity Commissioner shall initially classify the Complaint to determine if the matter is, on
its face, a Complaint with respect to a contravention of the Code of Conduct and not covered by
other legislation or other ONE JIB procedures, policies or rules as set out in Section 7 or whether
it is a Complaint with respect to an alleged contravention of section 5, 5.1 or 5.2 of the Municipal
Conflict of Interest Act.
Complaints Outside Integrity Commissioner's Jurisdiction or Not for Investigation
7.(1) If the Complaint, including the supporting affidavit or the statutory declaration, is not, on its face,
a Complaint with respect to a contravention of the Code of Conduct or the Complaint relates to
matters addressed by other legislation under another procedure, policy or rule of ONE JIB or
whether it is a Complaint with respect to an alleged contravention of section 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant in
writing as follows:
Criminal Matter V AL
(a) if the Complaint is, on its face, an allegation of a criminal nature consistent with the
Criminal Code, the complainant shall be advised that:
(i) the Integrity Commissioner will refer it to the appropriate police service, or
(ii) the complainant may pursue it with the appropriate police service if the
complainant wishes to pursue any such allegation;
Municipal Freedom of Information and Protection of Privacy Act
(b) if the Complaint is more appropriately addressed under the Municipal Freedom of
Information and Protection of Privacy Act, the complainant shall be advised that the
matter must be referred to the Secretary to deal with under any access and privacy
policies of ONE JIB under that statute;
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Other Procedure, Policy or Rule Applies
(c) if the Complaint appears to fall within the scope of another procedure, policy or rule of
ONE JIB, the complainant shall be advised to pursue the matter under such procedure,
policy or rule with the appropriate official or staff member; and
Lack of Jurisdiction
(d) if the Complaint is, for any other reason not within the jurisdiction of the Integrity
Commissioner (for example, it relates to a decision of ONE JIB as a whole and not one or
more individual Members), the complainant shall be so advised and provided with any
additional reasons and referrals, if any, as the Integrity Commissioner considers
appropriate.
(2) If it becomes apparent to the Integrity Commissioner at any time that the Complaint with respect
to a contravention of the Code of Conduct or with respect to an alleged contravention of section
5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, relates to any of the following matters, the
Integrity Commissioner shall advise the complainant in writing as follows:
Matter Already Pending
(a) if the Complaint is in relation to a matter which is subject to an outstanding complaint
under another process such as a court proceeding, a human rights or workplace
harassment complaint or similar process, or to a civil matter that is pending before the
courts, the Integrity Commissioner may, in his/her sole discretion, suspend any
investigation, in whole or in part, pending the result of the other process;
Similar Matter Already Pending
(b) if the Complaint is in relation to a similar matter which is subject to an outstanding
Complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her
sole discretion, consider the matter in conjunction with the similar matter or deal with it
separately, including not undertaking an inquiry if the matter can be adequately
addressed in any report and/or recommendations made with respect to the Complaint in
the similar matter; and
Other Ethical Code or Policy Applies
(c) if the Complaint is in relation to a matter which is governed by a code of conduct, ethical
code or similar procedure or policy of another body or entity which also governs the
Members (for example, another professional or regulatory body to which the Member
may belong), the Integrity Commissioner shall consider the most appropriate forum for
the Complaint and may, in his/her sole discretion, defer consideration of the matter
pending any determination made by the other body or entity and shall so advise the
complainant and, if necessary, the Member.
(3) Nothing in Section 7 precludes the Integrity Commissioner from reporting to ONE JIB any matter
that is suspended, summarily dismissed, terminated or not otherwise investigated.
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Limitation Period
8.(1) The Integrity Commissioner shall not accept a Complaint under the Code of Conduct for which the
event giving rise to the Complaint occurred or came to the attention of the complainant more
than six (6) months prior to the date of the filing of the Complaint. The complainant must establish
that the event giving rise to the Complaint occurred and/or came to the complainant's attention
within six (6) months of the Complaint being filed in accordance with Section 6.
(2) The Integrity Commissioner shall not accept an application with respect to an alleged
contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act except in accordance
with the requirements of subsections 8(2)-(7) of that statute and section 223.4.1 of the Municipal
Act, 2001.
Refusal to Conduct Investigation
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9.(1) The Integrity Commissioner has a discretion as to whether to carry out an investigation. If the
Integrity Commissioner is satisfied at any time, after considering the information contained in the
Complaint, that the Complaint:
(a) is frivolous or vexatious,
(b) is not made in good faith,
(c) constitutes an abuse of process,
(d) discloses no grounds or insufficient grounds for an investigation,
(e) does not warrant a full investigation, or
(f) is not otherwise in the public interest,
the Integrity Commissioner shall not be required to conduct an investigation and may summarily
dismiss the Complaint, and, where this becomes apparent during the course of an investigation,
the Integrity Commissioner shall terminate the inquiry and provide notice to the complainant and,
if necessary, to the Member. The Integrity Commissioner shall report the refusal to conduct an
investigation to ONE JIB.
Opportunities for Resolution
10. Following receipt and review of a formal Complaint or at any time during an investigation where
the Integrity Commissioner, in the discretion of the Integrity Commissioner, believes that an
opportunity to resolve the matter may be successfully pursued without a formal investigation,
and both the complainant and the Member agree, efforts may be pursued to achieve an informal
resolution.
Investigation
11.(1) The Integrity Commissioner may proceed as follows, except where the Integrity Commissioner
has a full factual record and believes, in the sole discretion of the Integrity Commissioner, that no
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additional information is required, or where otherwise required by the Public Inquiries Act, 2009,
or where the Integrity Commissioner has not otherwise terminated the inquiry:
(a) provide the Member with a copy of the Complaint but not disclose:
(i) the identity of the complainant, or
(ii) the identity of any witnesses set out in the Complaint or persons that are to be
questioned/interviewed by the Integrity Commissioner,
unless it is essential for the Member to adequately respond to the Complaint, which
determination shall be made in the Integrity Commissioner's sole and absolute discretion;
(b) request that the Member provide a written response to the allegations in the Complaint
to the Integrity Commissioner within seven (7) days;
(c) provide a copy of the Member's response to the complainant with a request that any
written reply be provided by the complainant to the Integrity Commissioner within seven
(7) days.
(2) If necessary, after reviewing the submitted materials, the Integrity Commissioner may contact and
speak to or correspond with any other persons, access and examine any other documents or
electronic materials, including any materials on ONE JIB's computers and servers, and may enter
any ONE JIB work location relevant to the Complaint for the purpose of investigation and potential
resolution.
(3) Preliminary or proposed finding(s) may be provided to a Member if the Integrity Commissioner
considers that the Member may have contravened the Code of Conduct.
(4) The Integrity Commissioner may, but is under no obligation, to provide the Member and the
complainant with a draft of the proposed final report on the Complaint.
(5) The Integrity Commissioner may make interim reports to ONE JIB where the Integrity
Commissioner considers it necessary or required to address any instances of interference,
obstruction, intimidation, delay, reprisal or retaliation by the Member or by any other person
encountered during the formal Complaint investigation, and may also disclose such information
as is necessary in the Integrity Commissioner's opinion for the purposes of the interim report(s).
(6) The Integrity Commissioner is entitled to make such additional inquiries and provide such
additional reports to ONE JIB where necessary and as required to address any instances of non-
compliance with any decision of ONE JIB including the failure to comply with any penalties or
corrective measure or actions imposed by ONE JIB.
(7) The Integrity Commissioner shall retain all records related to the Complaint and investigation but
may provide copies of certain records, in confidence, to ONE JIB's administrative staff who are
required to ensure that any such records are securely and confidentially retained.
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No Complaint Prior to Municipal Election
12.(1) Notwithstanding any other provision of this Complaint Protocol, no Complaint may be filed with
the Integrity Commissioner, no report shall be made by the Integrity Commissioner to ONE JIB
during the period of time starting on nomination day for a regular municipal election year, as set
out in section 31 of the Municipal Elections Act, 1996 and ending on the voting day in a regular
election as set out in section 5 of the Municipal Elections Act, 1996.
(2) If the Integrity Commissioner has received a Complaint and has commenced an inquiry but has
not completed the inquiry before nomination day in a regular municipal election year, the
Integrity Commissioner shall terminate the inquiry on nomination day but may commence an
inquiry in respect of the same Complaint if within six (6) weeks after the voting day in a regular
municipal election the individual who made the request makes a written request to the Integrity
Commissioner in accordance with subsection 223.4(8) of the Municipal Act, 2001.
Advice Provided to Member by Integrity Commissioner
13.(1) Subject to Section 13(2), a Member is entitled to rely upon any written advice given by the
Integrity Commissioner to the Member respecting the Code of Conduct in any subsequent
consideration of the conduct of the Member in the same matter provided that the Member fully
disclosed in writing all relevant facts known to the Member to the Integrity Commissioner and
acted in accordance with the written advice provided by the Integrity Commissioner.
(2) If the Integrity Commissioner applies to a judge under section 8 of the Municipal Conflict of
Interest Act for a determination as to whether the Member contravened section 5, 5.1 or 5.2 of
the Municipal Conflict of Interest Act, the Member is entitled to advise the judge of any written
advice given by the Integrity Commissioner provided that the Member fully disclosed in writing
all relevant facts known to the Member to the Integrity Commissioner and acted in accordance
with the written advice provided by the Integrity Commissioner.
(3) A Member under investigation by the Integrity Commissioner shall not request advice from the
Integrity Commissioner as to the Member's rights under the Code of Conduct, the Municipal
Conflict of Interest Act or generally at law with respect to any specific matter that the Integrity
Commissioner is investigating or reviewing with respect to the Member, nor is the Member
entitled to rely upon any statement(s) made by the Integrity Commissioner during the course of
any investigation or review that may impact the Member's rights under the Code of Conduct, the
Municipal Conflict of Interest Act or generally at law.
(4) If a Member under investigation by the Integrity Commissioner requests advice, such request shall
be delegated in writing to any person other than a Member that the Integrity Commissioner, in
consultation with ONE JIB, considers capable of providing informed advice to the Member.
(5) If the Integrity Commissioner applies to a judge under section 8 of the Municipal Conflict of
Interest Act for a determination as to whether the Member contravened section 5, 5.1 or 5.2 of
the Municipal Conflict of Interest Act, the Integrity Commissioner is entitled to recommend and
advocate for penalties to the judge under subsection 9(1) of the Municipal Conflict of Interest Act.
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Authority to Abridge or Extend
14. Notwithstanding any timeline or time limit set out in the Code of Conduct or this Complaint
Protocol, the Integrity Commissioner shall retain the right to abridge or extend any timeline or
time limit therein if the Integrity Commissioner considers it, in the sole and absolute discretion of
the Integrity Commissioner, to be in the public interest.
Investigation Report
15.(1) The Integrity Commissioner shall report to the complainant and the Member no later than ninety
(90) days after the official receipt of any Complaint under the Code of Conduct. If the investigation
process is anticipated to or takes more than ninety (90) days, the Integrity Commissioner shall
provide a brief interim report to ONE JIB and advise the parties of the approximate date the report
will be available. The Integrity Commissioner may also, at the discretion of the Integrity
Commissioner, advise any witnesses or other persons of the approximate date the report will be
available.
(2) Where the Complaint is sustained in whole or in part, the Integrity Commissioner shall report to
ONE JIB outlining the findings, the terms of any settlement and/or any recommended remedial or
corrective measure or action.
(3) The Integrity Commissioner may provide a copy of the report to the complainant and the Member
whose conduct has been investigated in advance of the public release of the report, in strict
confidence until the report is publicly released. The Member shall have the right to address the
report if it is considered appropriate by ONE JIB.
(4) Where the Complaint is not sustained, the Integrity Commissioner is not obligated to report to
ONE JIB on the result of the investigation or any findings but may do so at the discretion of the
Integrity Commissioner and may also include such information as the Integrity Commissioner
deems necessary in a report or as part of an annual or other periodic report by the Integrity
Commissioner.
(5) The Integrity Commissioner shall complete the investigation under the Municipal Conflict of
Interest Act no later than one hundred and eighty (180) days after the official receipt of any
application validly made under Section 5(2).
Findings IL X
16.(1) If the Integrity Commissioner determines that:
(a) there has been no contravention of the Code of Conduct, or section 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act, or
(b) a contravention occurred but:
(i) the Member took all reasonable measures to prevent it, including having sought
and followed the advice of the Integrity Commissioner;
(ii) it was trivial,
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(iii) it was committed through inadvertence, or
(iv) it resulted from an error in judgment made in good faith,
the Integrity Commissioner may so state in the report and may make appropriate
recommendations pursuant to the Municipal Act, 2001, including, but not limited to, a
recommendation of no penalty or remedial measures or corrective actions.
(2) If the Integrity Commissioner:
(a) considers it appropriate, once the Integrity Commissioner has concluded the investigation
under Section 5(2), the Integrity Commissioner may apply to a judge under section 8 of
the Municipal Conflict of Interest Act for a determination as to whether the Member has
contravened section 5, 5.1 or 5.2 of that statute; or
(b) does not proceed with an application to the judge, the Integrity Commissioner shall so
advise the complainant and the Member in writing.
(3) The Integrity Commissioner shall provide a written report to ONE JIB providing the reasons for the
decision of the Integrity Commissioner under Section 16(2).
Report to ONE JIB
17.(1) Upon receipt of a report from the Integrity Commissioner with respect to the Code of Conduct,
the Secretary shall place the report on the next regular meeting agenda of ONE JIB for
consideration by ONE JIB.
(2) A report from the Integrity Commissioner may also be considered by ONE JIB in advance of its
next regular meeting should ONE JIB agree to hold a special or other meeting before its next
regular meeting to consider the report.
Duty of ONE JIB
18. ONE JIB shall consider and make a determination on the Integrity Commissioner's report under
Section 17 at the same meeting at which the report is tabled.
Public Disclosure
19.(1) The Integrity Commissioner and every person acting under instructions of the Integrity
Commissioner shall preserve confidentiality where appropriate and where it does not interfere
with the course of any investigation, except as required by law and as required by this Complaint
Protocol.
(2) The Integrity Commissioner shall retain all records related to the Complaint and investigation
although copies may be provided to ONE JIB's administrative staff, subject to the duty of
confidentiality under subsection 223.5 of the Municipal Act, 2001.
(3) The identity of the Member who is the subject of the Complaint shall not be treated as confidential
information in the Integrity Commissioner's report to ONE JIB. The identity of the complainant
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and of any other person, including any witnesses, may be disclosed if deemed appropriate and
necessary by the Integrity Commissioner, if consented to by the complainant or any other person,
or such information has already been publicly disclosed.
(4) All reports from the Integrity Commissioner to ONE JIB shall be made available to the public by
the Secretary.
Delegation by Integrity Commissioner
20. The Integrity Commissioner, in consultation with ONE JIB, may delegate in writing to any person,
other than a Member of ONE JIB, any of the Integrity Commissioner's powers and duties under
Part VA of the Municipal Act, 2001.
Complaint Protocol Applicable to Committees
21. The provisions of this Complaint Protocol shall apply, with modifications as necessary, to all
committees or sub -committees of ONE JIB and their members.
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Code of Conduct — Formal Complaint Form # 1
AFFIDAVIT
of the
MAKE OATH AND SAY (or AFFIRM):
1. 1 reside at:
may be contacted at telephone:
and email:
2. 1 have reasonable and probable grounds to believe that:
(first and last name),
in the Province of Ontario.
(full address) and
(name of Member),
a member of ONE Joint Investment Board has contravened the following section(s) of the Code of Conduct
of ONE Joint Investment Board: . The particulars of which
are attached hereto.
3. Facts constituting the alleged contravention (use separate page if required)
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This affidavit is made for the purpose of requesting that this matter be reviewed and/or investigated by
ONE Joint Investment Board's Integrity Commissioner and for no other purpose.
SWORN (or AFFIRMED) before me at
the of on
(date)
(Signature)
A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C.
1985, c. C-46 and also to civil liability for defamation.
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Municipal Conflict of Interest Act— Complaint Form # 2
I
I SOLEMNLY DECLARE THAT:
1. 1 reside at:
be contacted at telephone:
STATUTORY DECLARATION
(first and last name), of the
in the Province of Ontario.
and email:
2. 1 have reasonable and probable grounds to believe that:
(full address) and may
(specify name of Member),
a member of ONE Joint Investment Board, has contravened the following section(s) of the Municipal
Conflict of Interest Act, R.S.O. 1990, c. M.50:
3. 1 became aware of the facts constituting the alleged contravention not more than six (6) weeks
ago and they comprise the following: (use separate page if required)
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This declaration is made for the purpose of requesting that this matter be investigated by ONE Joint
Investment Board's Integrity Commissioner and for no other purpose.
DECLARED before me at )
the of on )
(date) )
A Commissioner for taking affidavits etc. )
(Signature)
Please note that signing a false declaration may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code,
R.S.C. 1985, c. C-46 and also to civil liability for defamation
Ll
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EXHIBIT B
CLOSED MEETINGS PERMITTED OR REQUIRED
The provisions of the Act, as amended from time, currently provide that except as provided in section 239
of the Act, all meetings shall be open to the public.
A meeting or part of a meeting may be closed to the public in accordance with section 239 of the Act if
the subject matter being considered is,
• the security of the property of ONE JIB;
• personal matters about an identifiable individual, including ONE JIB employees;
• a proposed or pending acquisition or disposition of land by ONE JIB;
• labour relations or employee negotiations;
• litigation or potential litigation, including matters before administrative tribunals, affecting
ONE JIB;
• advice that is subject to solicitor -client privilege, including communications necessary for
that purpose;
• a matter in respect of which ONE JIB may hold a closed meeting under another Act;
• information explicitly supplied in confidence to ONE JIB by Canada, a province or territory
or a Crown agency of any of them;
• a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to ONE JIB, which, if disclosed, could reasonably be
expected to prejudice significantly the competitive position or interfere significantly with
the contractual or other negotiations of a person, group of persons, or organization;
• a trade secret or scientific, technical, commercial or financial information that belongs to
ONE JIB and has monetary value or potential monetary value;
• a position, plan, procedure, criteria or instruction to be applied to any negotiations carried
on or to be carried on by or on behalf of ONE JIB;
A meeting of ONE JIB or of a committee of ONE JIB may be closed to the public if the meeting is held for
the purpose of educating or training the members provided no member discusses or otherwise deals with
any matter in a way that materially advances the business or decision -making of ONE JIB or committee.
A meeting may be closed to the public during a vote if the meeting is one that is closed to the public in
accordance with this Exhibit B and if the vote is for a procedural matter or for giving instructions to officers,
employees or agents of ONE JIB or a committee of ONE JIB or persons retained by or under a contract with
ONE JIB.
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A meeting or part of a meeting shall be closed to the public in accordance with section 239 of the Act if
the subject matter being considered is,
• a request under the Municipal Freedom of Information and Protection of Privacy Act if
ONE JIB is the head of an institution for the purposes of that Act; or
• an ongoing investigation respecting ONE JIB by the Ombudsman appointed under the
Ombudsman Act, an Ombudsman referred to in subsection 223.13(1) of the Act, or the
investigator referred to in subsection 239.2(1) of the Act.
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EXHIBIT C
ONE JIB MAY REFUSE DISCLOSURE OF A RECORD
The provisions of the Municipal Freedom of Information and Protection of Privacy Act, as amended from
time to time, currently provide that ONE JIB may refuse to disclose a record:
• that reveals the substance of deliberations of a meeting of ONE JIB or a committee of ONE
JIB if a statute authorizes holding that meeting in the absence of the public.
• if the disclosure would reveal advice or recommendations of an officer or employee of an
institution or a consultant retained by an institution.
• that reveals a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence implicitly or explicitly, if the disclosure could
reasonably be expected to,
(a) prejudice significantly the competitive position or interfere significantly with the
contractual or other negotiations of a person, group of persons, or organization;
(b) result in similar information no longer being supplied to ONE JIB where it is in the
public interest that similar information continue to be so supplied;
(c) result in undue loss or gain to any person, group, committee or financial
institution or agency; or
• that contains,
(a) trade secrets or financial, commercial, scientific or technical information that
belongs to an institution and has monetary value or potential monetary value;
(b) information whose disclosure could reasonably be expected to prejudice the
economic interests of an institution or the competitive position of an institution;
(c) information whose disclosure could reasonably be expected to be injurious to the
financial interests of an institution;
(d) positions, plans, procedures, criteria or instructions to be applied to any
negotiations carried on or to be carried on by or on behalf of an institution;
(e) plans relating to the management of personnel or the administration of an
institution that have not yet been put into operation or made public;
(f) information including the proposed plans, policies or projects of an institution if
the disclosure could reasonably be expected to result in premature disclosure of
a pending policy decision or undue financial benefit or loss to a person.
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EXHIBIT D
COMPENSATION FOR ONE JIB MEMBERS
• The Chair of ONE JIB will receive an annual $15,000 retainer and $1,100 per board
meeting.
• The Vice Chair of ONE JIB will receive an annual $10,000 retainer and $1,100 per board
meeting.
• Board members of ONE JIB will receive an annual $5,000 retainer and $1,100 per board
meeting.
• All Board members of ONE JIB will also be remunerated $500 for attending business
meetings of ONE JIB.
• Subject to the member complying with all relevant requirements of the member's
municipality, the Municipal Treasurer members, who are municipal employees, will have
the annual retainer and Board and Business meeting fees paid directly to the municipality
for which they are employed.
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EXHIBIT E
PROCESS TO APPOINT INTEGRITY COMMISSIONER AND CLOSED MEETING INVESTIGATOR
Initial Appointment of Integrity Commissioner and Closed Meeting Investigator
1. Prior to the effective date of the ONE JIB Agreement (July 2, 2020) the Founding Municipalities
directed ONE Investment to conduct a Request for Proposal ("RFP") process to retain the services of an
initial Integrity Commissioner and an initial Closed Meeting Investigator for ONE JIB.
2. The Secretary to ONE JIB worked with a member of ONE Investment staff and two representatives
of the Founding Municipalities' clerks (the "Initial Appointment Subcommittee") on the RFP. The results
of the RFP were shared with the Founding Municipalities.
3. The candidates recommended by the Initial Appointment Subcommittee were submitted to ONE
JIB during its initial meeting on May 19, 2020 and thereafter ONE JIB appointed an initial Integrity
Commissioner in accordance with section 223.3 of the Act and an initial Closed Meeting Investigator in
accordance with section 239.2 of the Act.
Successor Integrity Commissioner and Successor Closed Meeting Investigator
4. In the event that ONE JIB determines that the appointment of a successor Integrity Commissioner
or Closed Meeting Investigator is required it shall direct ONE Investment to conduct an RFP process in
consultation with a committee comprised of the Secretary to ONE JIB, a member of ONE Investment staff
and two representatives of the Participating Municipalities' clerks (the "Successor Appointment
Committee"), to retain the services of a successor Integrity Commissioner and a successor Closed Meeting
Investigator, the results of which RFP shall be shared with the Participating Municipalities.
5. ONE JIB shall consider the candidate(s) recommended by the Successor Appointment Committee
at its first meeting after receipt of such recommendation(s).
6. ONE JIB shall appoint a successor Integrity Commissioner and/or successor Closed Meeting
Investigator and enter into appropriate agreements with each such successor and subsequently notify the
Participating Municipalities of the identity of the successor Integrity Commissioner and/or the successor
Closed Meeting Investigator, as applicable.
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SCHEDULE D
FEES AND EXPENSES
Approach to Fees and Expenses
As a not -for -profit entity, the ONE Investment structures fees so as to recover its operating costs and set
aside appropriate reserves for future investment. Such costs include the design, implementation and
continuing operations of the ONE Prudent Investment Offering made available to Participating
Municipalities. Fees also cover the cost of adherence to legal and regulatory requirements, including most
importantly the proper discharge of the responsibilities of ONE JIB. Neither ONE JIB nor ONE Investment
will charge fees directly to Participating Municipalities. Rather, these fees are charged as management fees
and expenses of the investment products themselves, or are paid out of the Managed Assets, as described
below. The fees indirectly charged by ONE Investment under the ONE Prudent Investment Offering to
recover the foregoing costs, expenses and reserves are called the "Governance Fees."
By entering into the ONE JIB Agreement, a Participating Municipality agrees that the Managed Assets
(subject to exceptions as set out in the Participating Municipality's IPS and Investment Plan) will be
invested in (i) the ONE Pools Offering— meaning investment in ONE Investment Pools as selected by ONE
JIB on the advice and recommendation of ONE Investment; or (ii) the OCIO Offering— meaning investment
in products selected by the ONE Investment OCIO. All Managed Assets, whether in the ONE Pools Offering
or the OCIO Offering, are invested in accordance with, and as set out in, the Participating Municipality's
IPS and Investment Plan.
The "ONE Prudent Investment Offering" currently refers to the ONE Pools Offering and the OCIO Offering.
To provide for consistency of client experience, as well as simplified and streamlined client onboarding
and reporting, ONE Investment intends to transition all Participating Municipalities to the OCIO Offering,
where the OCIO Offering will include investment products substantially similar to the ONE Investment
Pools found in the ONE Pools Offering. Once such transition is complete, the "ONE Prudent Investment
Offering" will mean the OCIO Offering.
ONE Pools Offering
V Mk
Participating Municipalities invest in the ONE Pools Offering and pay a single integrated fee (the "fund
fee"), charged as an expense of the ONE Investment Pools, on the following basis. The ONE Investment
Pools are subject to management fees and other expenses, which are described below. Except for taxes,
ONE Investment expects to bundle such fees and expenses into a single fee, where the rate of such fee will
differ depending on the ONE Investment Pool. In the ONE Pools Offering, fees representing the expenses
associated with the operations of ONE JIB and ONE Investment are not charged separately, but are instead
integrated into the fund fees. Such fees are approved by the ONE Investment Board and are reviewed, at
least annually. The details of the fee structure will be publicly available.
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The following is a representative example of the fund fees as at January 1, 2024:
Single Fund
Fee 35.0 bps 40.0 bps 45.0 bps 75.0 bps 45.0 bps
Management Fee Discounts
Charging fees on a cost recovery basis makes it difficult to offer Participating Municipalities significant
discounts. Any discounts that may apply will be offered solely at the discretion of the ONE Investment
Board of Directors and paid directly by ONE Investment to the Participating Municipality to offset fees
charged to the ONE Investment Pools.
Discount in
Basis
Points
Name of Discount
(bps)
Description
Founding Municipality Discount
4 bps
In effect for 10 years from the ONE JIB establishment
date (July 2, 2020)
Managed Asset Tier $50 million
6 bps
For Participating Municipality with Managed Assets in
excess of $50 million in ONE Investment Pools. This
rebate is cumulative with any other Managed Asset
tier discount.
Managed Asset Tier $100
3 bps
For Participating Municipality with Managed Assets
million
in excess of $100 million in ONE Investment Pools.
This rebate is cumulative with any other Managed
Asset tier discount.
Managed Asset Tier $200
3 bps
For Participating Municipality with Managed Assets in
million
excess of $200 million in ONE Investment Pools. This
rebate is cumulative with any other Managed Asset
tier discount.
Managed Asset Tier $300
3 bps
For Participating Municipality with Managed Assets in
million
excess of $300 million in ONE Investment Pools. This
rebate is cumulative with any other Managed Asset
tier discount.
Understanding Fees and Expenses
The single fund fees outlined above will cover costs associated with External Management Fees and
Operating Expenses as described below. Each ONE Investment Pool incurs certain trading costs and
expenses, as well as HST, and may incur interest charges. These costs are also further explained below.
All fees and expenses reduce the potential returns available from the applicable ONE Investment Pool.
Effectively, the aggregate fees indirectly incurred by each Participating Municipality will be a proportion of
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the amount invested. The aggregate fees indirectly incurred by each Participating Municipality are also
influenced by the allocation of the investments among the ONE Investment Pools.
External Management Fees
External management and performance fees (if any) charged by external portfolio managers are included
in the single fund fee.
The rate of management fees charged by external managers is generally directly related to the total value
of the assets managed by such manager. As assets under management (AUM) increase, the rate of
management fees can be expected to fall. As a result, ONE Investment investors can expect to benefit from
lower management fees in comparison to investing alone.
Operating Expenses
Each ONE Investment Pool is responsible for its own operating expenses. In addition to the services
supplied by ONE Investment to each of the ONE Investment Pools, there are services supplied by third
parties. Third party services include custody, unitholder recordkeeping, fund accounting, trustee services,
legal, audit and other professional services. These operating expenses are generally paid by ONE
Investment on behalf of the ONE Investment Pools and subsequently recovered by ONE Investment
through the ONE administration fee.
ONE Investment charges each ONE Investment Pool a ONE administration fee, which is included in the
single fund fee. The ONE administration fee compensates ONE Investment for its overhead and other
expenses, including recovery of expenses incurred for or on behalf of the ONE Investment Pools. The ONE
administration fee allows ONE Investment to provide compensation to, and pay the expenses of, the
members of ONE JIB.
This ONE administration fee is not applied at the same rate for all ONE Investment Pools.
ONE Investment intends to monitor the amount of the ONE administration fee to ensure that net revenues
remain appropriate, taking into account ONE Investment's not for profit status. Growth of AUM may result
in a reduction in the ONE administration fee rate overtime, and the quantum and rate of such fee will be
evaluated on at least an annual basis.
Trading Costs and Expenses
In the normal course of implementing their investment mandates, the ONE Investment Pools will incur
transaction costs. Such transactions costs include trading commissions, exchange fees and duties, interest,
regulatory fees and similar ancillary expenses that are associated with the implementation, execution and
settlement of portfolio transactions. As is normal industry practice, these transaction costs are borne by
the applicable ONE Investment Pool.
Taxes and Interest
Management fees and expenses normally attract HST/GST. All such taxes are excluded in the above fee
illustrations. Any interest expense incurred or payable by a ONE Investment Pool is charged as an expense
of the applicable ONE Investment Pool.
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All fees and expenses will be accrued daily and paid by the ONE Investment Pools.
OCIO Offering
For the OCIO Offering, Participating Municipalities are charged management fees in the form of the OCIO
Fee and separately, the Governance Fee, as described below. The Managed Assets are held in investments
selected by the OCIO and are subject to management fees and other expenses, which are described below.
The OCIO calculates a single OCIO Fee, where the rate of such fee will differ depending on the asset mix
of the Managed Assets. Both the OCIO Fee and the Governance Fee are paid from the Managed Assets.
The Participating Municipality provides a direction to ONE Investment to apply cash or redeem
investments in order to pay the OCIO Fee and the Governance Fee.
OCIO Fee
Under the OCIO Offering, the ONE Investment OCIO selects the investments which make up the
Participating Municipality's investment portfolio, as set out in the Participating Municipality's IPS and
Investment Plan. It is expected that the Participating Municipality's Managed Assets will be held in pooled
funds and other collective investment vehicles (OCIO Products) managed by the OCIO or one of its
affiliates. OCIO Fees are payable quarterly in arrears based on the market value of the Managed Assets on
the last business day of the quarter. The OCIO calculates the applicable OCIO Fee for each quarter.
The level of fees generally depends on the asset class and investment strategy. Typically, money market
and equivalent products attract the lowest fees, and move higher with short term bond funds and
mortgage funds, then global fixed income products, then North American equities, global equities, and
assets such as real property and infrastructure at the highest end of the fee scale. In addition, the OCIO
Fees are generally tiered, so that the rate of fees declines as assets under management increase.
Operating Expenses
Each OCIO Product is responsible for its own operating expenses, which include regulatory filing fees and
other day-to-day operating expenses, annual fees, meeting fees and reimbursement for expenses to
members of the Independent Review Committee ("IRC"), recordkeeping, accounting and fund valuation
costs, custody fees, audit and legal fees, and the costs of preparing and distributing annual and semi-
annual reports, prospectuses, fund facts and statements and investor communications. These expenses
are charged to the OICO Product in the from of a fixed administrative services fee which is included in, and
forms part of, the OCIO Fee.
An illustrative example for the calculation of the OCIO Fees is available from ONE Investment on request.
Base Governance Fee
As stated, the Governance Fee for the OCIO Offering is charged separately from the OCIO Fee. The base
Governance Fee is 0.25% of the net asset value of the investment portfolio, and will be reduced as
described in "Governance Fee Discounts" below.
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Governance Fee Discounts
The base Governance Fee declines with increases in the net asset value of the Participating Municipality's
Managed Assets, as follows:
Discount
Discount in
Basis Points (bps)
Description
On first $10 million
0 bps
Net assets up to $10,000,000
On next $40 million
2 bps
$10,000,001 to $50,000,000
On next $50 million
6 bps
$50,000,001 to $100,000,000
On next $100 million
15 bps
$100,000,001 to $200,000,000
On next $300 million
19 bps
$200,000,001 to $500,000,000
On next $500 million
20 bps
$500,000,001 to $1,000,000,000
On assets above $1 billion
25 bps
In excess of $1,000,000,000
Trading Costs and Expenses
In the normal course of implementing their investment mandates, the OCIO Products will incur transaction
costs. Such transactions costs include trading commissions, exchange fees and duties, interest, regulatory
fees and similar ancillary expenses that are associated with the implementation, execution and settlement
of portfolio transactions. As is normal industry practice, these transaction costs are borne by the applicable
OCIO Product.
Taxes and Interest
Management fees and expenses normally attract HST/GST. All such taxes are excluded in the above fee
illustrations. Any interest expense incurred or payable by an OCIO Product is charged as an expense of the
applicable OCIO Product.
All fees and expenses will be accrued daily and paid to the OCIO.
All fees and expenses reduce the potential returns available from the applicable OCIO Product. Effectively,
the aggregate fees indirectly incurred by each Participating Municipality will be a proportion of the amount
invested. The aggregate fees indirectly incurred by each Participating Municipality are also influenced by
the investments selected by the OCIO.
Reporting to Participating Municipalities on Fees
As part of the reporting package, Participating Municipalities will be provided with a fee summary.
For investments in any ONE Investment Pool, in the Pools Offering, fees and expenses charged to the Pool
in question are presented as a single fixed charge.
For Participating Municipalities in the OCIO Offering, the OCIO Fees and the Governance Fees will be
calculated separately as indicated above.
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01�
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
The MCQ needs to be updated and reviewed annually in conjunction with your review of your
Investment Policy Statement.
Additionally, update the MCQ within 90 days if you experience any significant changes, including:
a. A significant change in your municipality's financial circumstances, or
b. A significant change in the amount of your municipality's "money that it does not require
immediately"
For changes between annual reviews, provide written notice of changes by using the mid -year MCQ
update form on the last page of this document.
Section 1— Client Information
Name of Municipality:
Address:
Treasurer Information
Name:
Phone Number: Extension:
Email:
Primary Day to Day Contact Information* Check if some information as Treasurer above
Name:
Phone Number:
Email:
Extension:
*Primary day-to-day contact should have a comprehensive understanding of your Municipality's
financial position and investment needs.
1
Revised ONE JIB 11-29-2023 Page 193
01�
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
Section 2 - Investment Knowledge and Experience
1. Which statement best describes the Municipal staff (person most responsible for managing
investments)'s level of investment knowledge and experience with financial markets and products?
Very limited knowledge
Basic knowledge and minimal experience
Good knowledge and some experience
Strong knowledge and experience
Advanced knowledge and extensive experience
2. If Municipal staff have strong or advanced knowledge, please describe where this knowledge was
acquired (e.g., education, designations experience).
3. Please indicate if your municipality has used / held any of the following investment types within the
past five years. [check all that apply]
Canadian money market securities
Locked -in Investments (e.g., GICs, PPNs etc.)
Local Distribution Corporation Securities (LDC securities)
Securities held in third party trusts (i.e., cemetery trust, legacy fund etc.)
Fixed income (government and/or corporate bonds)
Equities
Other— Please Describe
2
Revised ONE JIB 11-29-2023 Page 194
01�
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
Section 3 — Investment Objectives and Risk Tolerance
This section of the MCQ asks about your Municipality's MoneythatitDoes Not Require Immediately (MNRI).
In general, investors can expect a higher annualized rate of return if the investor is also willing to accept
volatility or fluctuation in the market value of their investments. For example, investors can expect that the
average annual rate of return over a five-year period will be higher where the portfolio's returns are varied
when measured on a year -by -year basis, with some years possibly having negative returns.
A portfolio which has a steady return year over year, with little possibility of negative returns in any year, will
most likely have a lower annualized return when measured on a rolling five-year average.
4. In relation to MNRI, which of the following best reflects your Municipality's longer -term investment
objectives (return), risk tolerance (volatility of returns) and shorter -term tolerance for losses (actual
or unrealized)?
Description
Investment Objective
Risk Tolerance
Tolerance for short-
term (3 year) losses*
Lower risk /
Capital preservation is the main
Small chance of loss
Less than 5% decline
return
objective.
of capital over a 5-
year
Willingness to accept
period
lower returns to reduce the likelihood of
losses.
Moderate risk
Balanced growth (combination of growth
Moderate chance of
5-15% decline
/ return
and income) is the main objective.
loss of capital over
a 5-year period
7
Willingness to accept moderate level of
risk to achieve moderate growth
without excessive risk to capital.
Higher risk /
Growth of capital is the main objective.
Higher risk of loss
More than 15%
return
of capital over a 5-
decline
Willingness to accept higher risk,
year
❑
including risk of loss of capital, for
period
potentially higher returns.
* These percentages are for illustrative purposes only, to determine sensitivity to potential capital loss, and do
not represent a guarantee by ONE JIB or ONE Investment.
Revised ONE JIB 11-29-2023 Page 195
o�
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
5. If applicable, is there any other information about your Municipality's investment objectives and risk
tolerance for its MNRI that is relevant to your Investment Policy Statement or Investment Plan?
6. How sensitive is your municipality to recognizing investment gains and losses from portfolio
adjustments and market fluctuations?
Sections 4 and 5 of this MCQ below ask about your Municipality's MNRI, cash flow and other financial assets
that may be applicable. It is intended to assist ONE Investment in obtaining an understanding of your
Municipality's financial circumstances, including its cash flow needs.
Section 4 — Financial Information
7. Please provide your municipality's MNRI (see note below) by reserve (or reserve categories) with
expected investment time horizons. This information can be provided in the template provided, or
in a separate document.
Note: MNRI can be determined by time, source of funds, purpose of funds, or such other means as your
Municipality may decide is appropriate. It is defined for your municipality in the Investment Policy
Statement approved by your Council. For example, the 'less than 3 years' column of MNRI in the template
might not be applicable for all municipalities.
Information has been provided as an attachment to this MCQ
Revised ONE JIB 11-29-2023 Page 196
Attachment 4 to Report FSD-015-24
Summary of Money not Required Immediately for Investment Planning Purposes
Example
Investment Horizon of M N R I
Reserve Name or Brief Description or Purpose
Total MNRI
Less than 3 to 5
5 to 10 10+
Category
Amount
3 years years
years years
Roads Mtnc Reserve Ongoing Maintenance
$8,000,000[
$1,500,000€ $1,500,000.
$3,500,000. $3,500,000.
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Infrastructure Reserve Road Lane Widening
$5,000,000.
$1,000,000€
$4,000,000
o��
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
8. Please provide your Municipality's current Cash Flow Projections for MNRI by year. This information
informs the ONE JIB about potential drawdowns /additions to MNRI that you anticipate in coming years.
Supporting documentation may be provided as needed.
Next Year
2 years
3 to 5 years
5 to 10 years
Greater than
10 years
Anticipated MNRI
Drawdowns
Anticipated MNRI
Contributions
Net change in MNRI
0
0
0
0
0
Other information or comments (if applicable)
9. Does the MNRI drawdown forecasts in Question 8 above reflect:
Drawdowns of current reserve balances
Drawdowns of current reserve balances inclusive of projected future budgetary
contributions
10. What assumptions or factors does your municipality include in the reserve cash flow projections? For
example: inflation assumptions on capital projects, assumptions on future tax -based reserve contributions,
forecasted development charge revenue etc.
6
19721423.2 Page 198
Attachment 4 to Report FSD-0'
OIL
INVESTMENT Municipal Client Questionnaire (MCQ}
11. If your Municipality has completed a capital budget forecast, how many years does this forecast extend?
Less than 3 years 3-5 Years 1:1 5-10 Years 10 years or more
12. If your Municipality has completed an asset management plan, how many years does this forecast extend?
Less than 3 years 1:1 3-5 Years 1:1 5-10 Years ❑ 10 years or more
13. To what extent has your Municipal asset management plan been integrated into the capital budget
process?
Funding/Expenditure Analysis
14. How does your Municipality manage unanticipated requests for funding? What is the probability that
your municipality may unexpectedly need to draw down MNRI to fund unexpected budget shortfalls?
15. Is there a particular year(s) in your Capital Forecast or Asset Management Plan when your Municipality
anticipates unusual or large capital expenditure(s)?
Yes No
19721423.2 Page 199
01��F
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
If yes, please explain the timing and nature of the expenditure(s)
16. Do you anticipate any decisions / factors within the next 24 months that could have a material impact
on your MNRI forecasts —either positive or negative? (e.g., projects contingent on unsecured grants,
potential significant changes to your debt financing strategy, significant acquisitions or
disposals/divestments).
Yes No
If yes, please provide details
8
19721423.2 Page 200
o��
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
Section 5 — Portfolio Information
17. Please provide the breakdown of your MNRI, In -Kind securities and LDC securities by Investment type
Description
As of Date
Value*
(M M/DD/YY)
Invested in ONE JIB Outcomes as of Date (A)
Expected contributions (withdrawals) of MNRI and
Date MNRI to be transferred / received (B)
Total MNRI to be invested in ONE JIB Outcomes (A +
0
B)
In -Kind securities (Bonds, GICs, PPNs etc.) as
of Date (C)
Total Current MNRI, expected contributions
0
to MNRI and In -Kind securities (A + B + C)
LDC securities as of Date (D)
Total Municipal MNRI, In -Kind securities and
0
LDC securities (A + B + C + D)
* The market value of In -Kind securities may change between the date control and management is given to ONE
JIB and the date they mature after which the cash proceeds can be invested by ONE JIB.
Other information or comments (if applicable)
Section 6 — Existing Investments
18. Your Municipality may have given control and management of In -Kind securities and LDC securities to
ONE JIB with its MNRI (refer to Section S above). If applicable, please identify below any details of In -
Kind securities and LDC securities that your municipality may have. A template and sample have been
provided on the next page for your reference, or you may attach a copy of your statement(s). If your
Municipality has no such In -Kind securities/LDC securities proceed to Section 7 of the MCQ.
19721423.2 Page 201
o�
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
The applicable information is provided as an attachment to the MCQ:
Security/Investment
Type
Manager/Institution
Book Value
Market Value
Maturity Date (If
applicable)
SAMPLE CIBC Global
PPN
CIBC
$5,000,OOG
N/A
February 2030
Blue Chip Growth
Deposit Notes, Series
12
SAMPLE London 3.2% May
Bond
N/A
$1/000,000
$1,098,000
May 9, 2026
9, 2026
SAMPLE Canada 21/1 July 2,
Bond
N/A
$2,000,000
$1,945, 000
July 2, 2028
2028
Security/Investment
Type
Manager/Institution
Book Value
Market Value
Maturity Date (If
applicable)
Other information or comments (if applicable)
1C
19721423.2 Page 202
01�
INVESTMENT
Section 7 — Other Information
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
19. If there have been major changes in circumstances since the last MCQ updates (if applicable) that you
would feel would require a reallocation of MNRI for your Municipality. Please advise what has changed
since the last MCQ update.
20. Please provide any additional information or context that you consider relevant to ONE JIB's
understanding of your municipality's MNRI, In -Kind securities and LDC securities.
Section 8 — Investment Restrictions
21. Are your Municipality's investments subject to any prohibited investment or other similar restrictions
that are not fully disclosed in your Municipal Investment Policy Statement?
Yes ❑ No
11
19721423.2 Page 203
o��
INVESTMENT
If yes, please specify
Section 9 —Acknowledgement
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
I confirm that information provided to ONE Investment in this form is complete and accurate to the best
of my knowledge as at the date below.
Dated this day of 120
Name and Signature of Treasurer
Second Signature (if Required)
12
19721423.2 Page 204
OI�1E
INVESTMENT
Attachment 4 to Report FSD-0'
Municipal Client Questionnaire (MCQ}
Appendix 1— Midyear MCQ Updates Form
Please provide details below that explain the nature of your requested change. This should
describe: the money involved, the timing of transactions required, and any other context to
support the change request. This will allow ONE JIB to understand how this update may change
the cashflow characteristics or investment horizons of MNRI and In -Kind securities (and possibly
LDC securities) relative to your current MCQ and Investment Plan.
Acknowledgement
I confirm that information provided to ONE Investment in this form is complete and accurate to the best
of my knowledge as at the date below.
Dated this day of 120.
Name and Signature of Treasurer
Second Signature (if required)
13
19721423.2 Page 205
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-016-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: David Ferguson, Purchasing Manager
File Number: RFP2024-3 By-law Number:
Report Subject: Project Management Services - Operations Depot, Fire Station and Fire
Training Facility
Recommendations:
1. That Report FSD-016-24, and any related delegations or communication items, be
received;
2. That the proposal received from Colliers Project Leaders Inc. being the most
responsive bidder meeting all terms, conditions and specifications of RFP2024-3 be
awarded the contract for the provision of Project Management Services for the new
Operations Depot, Fire Station and Fire Training Facility;
3. That the funds required for this project in the amount of $522,700.42 (Net HST
Rebate) be funded from the approved budget; and
4. That all interested parties listed in Report FSD-016-24, and any delegations be
advised of Council's decision.
Page 206
Municipality of Clarington
Report FSD-016-24
Report Overview
Page 2
To request approval to award RFP2024-3 to the most responsive proponent to provide
Project Management Services for the new Operations Depot, Fire Station and Fire Training
Facility.
1. Background
1.1 The Municipality of Clarington (Municipality) requires the assistance of a qualified firm
for the provision of Project Management Services for the new Operations Depot, Fire
Station and Fire Training Facility.
1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified
Project Management Consultant to assist with the design, bidding process and building
of the new Operations Depot, Fire Station and Fire Training Facility.
1.3 RFP2024-3 was issued by the Purchasing Services Division and advertised
electronically on the Municipality's website. The RFP was structured on a two -envelope
system with price being an evaluated factor.
2. Analysis
2.1 The RFP closed March 12, 2024.
2.2 The RFP stipulated, among other things, that the proponents were to provide a
description of the Firm/Consulting team, key qualifications, firm profile, highlights of past
service and experience of team members with projects of similar size, nature and
complexity, and demonstrate an understanding of the Municipality's requirements.
2.3 Twenty companies downloaded the document, and two proposals were received (refer
to Attachment 1) by the stipulated closing date and time. All proposals received
complied with Phase 1 - Mandatory submission requirements and were distributed to
the evaluation committee for review, evaluation, and scoring.
2.4 The technical proposals were evaluated and scored independently by the members of
the evaluation committee in accordance with the established criteria as outlined in the
RFP. The evaluation committee was comprised of staff from the Emergency and Fire
Services, Public Works and the Community Services Department.
2.5 The evaluation committee met to review and agree upon the overall scores for each
proposal. Some of the areas on which the submissions were evaluated were as follows:
Page 207
Municipality of Clarington
Report FSD-016-24
Page 3
• The Proponent's understanding of the Municipality's requirements;
• Highlights of services provided performing similar work on projects of comparable
nature, size, and scope in a municipality of similar population size;
• A methodology describing the Proponent's project management approach, work
plan, goals, objectives, and methods of communications to be utilized to meet the
requested deadlines; and
• A proposed solution including a detailed work plan indicating the project method,
schedule, Gantt chart, tasks and deliverables showing an estimated overall
timeline of the project.
2.6 Upon completion of the evaluation, both submissions met the established passing
threshold of 80 percent for Phase 2 — Technical Submission and moved to Phase 3 -
Pricing. It was determined by the evaluation committee that a presentation from the
short-listed proponents would not be required.
2.7 The pricing envelopes were opened and evaluated as stipulated in the RFP document.
2.8 The RFP was structured to award using a two -stage approach for the design and
construction of a new Operations Depot and Fire Headquarters and Training Facility, in
Bowmanville.
2.9 The project manager will be responsible for the first stage of the project which includes
project management, concept design, all required studies and investigations and the
development of a project budget.
2.10 The second stage is dependent on Council approval for the tendering for a Contractor
and the construction of the new facility.
2.11 Upon completion of the evaluation scoring, the recommendation is to award the contract
for this work to the highest ranked proponent, Colliers Project Leaders.
2.12 Colliers Project Leaders Inc. is currently providing Project Management services to the
Municipality and as such a reference check was not required.
3. Financial Considerations
3.1 The funding required for this contract award is up to $522,700.42 (Net HST Rebate) and
will be funded from the following account:
Description
Account Number
Amount
Operations Centre Design
110-36-370-83603-7401
$522,700
Page 208
Municipality of Clarington Page 4
Report FSD-016-24
3.2 The Proponents provided pricing for the two stages as noted in item 2.8 above. The
fees are allocated between the stages as follows:
Stage 1 — Lump Sum for Project Management
$149,119 Total net HST rebate
Services including disbursements
Stage 2 — Lump Sum for Project Management
$373,581 Total net HST rebate
Services including disbursements
3.3 Stage 1 is related to the design phase of the project and will be utilizing portions of the
$750,000 budget previously approved for the design of the Operations Depot, Fire
Station and Fire Training Facility. There would remain approximately $600,900 available
for the concept design work expected to be tendered in Q2 2024. Additional funding for
stage 2, including construction, will be budgeted in the 2025 -2027 budget update.
4. Strategic Plan
4.1 This project directly relates to the corporate strategic plan's mission statement;
To enhance the quality of life in our community
■ Both departments provide legislated core services that directly affect the
quality of life of our residents. These new facilities provide the opportunity to
enhance and modernize our services so that we can serve our community as
the demand increases from continued growth.
5. Concurrence
This report has been reviewed by the Deputy CAO of Public Services and the Director
of Emergency and Fire Services who concur with the recommendations.
6. Conclusion
It is respectfully recommended that Colliers Project Leaders Inc. be awarded the
contract for the provision of Project Management Consultant to assist with the design
bid and build of the new Operations Depot, Fire Station and Fire Training Facility.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or
dferguson@clarington.net.
Attachments:
Page 209
Municipality of Clarington
Report FSD-016-24
Page 5
Attachment 1 — Summary of Proposals Received
Interested Parties:
List of Interested Parties available from Department.
Page 210
Municipality of Clarington
Report FSD-016-24
Page 6
Attachment 1 - Summary of Proposals Received
Municipality of Clarington
RFP2024-3— Project Management Consultant
Operations Depot, Fire Station and Fire Training Facility
Proposals Received
Bidder
11 Altus Group Limited 11
11 Colliers Project Leaders Inc. 11
Page 211
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: FSD-017-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
Mary -Anne Dempster, CAO Resolution#:
David Ferguson, Purchasing Manager and Toni Anderson, Buyer
File Number: CL2024-5
By-law Number:
Report Subject: Veteran's Square and Courtyard Revitalization
Recommendations:
1. That Report FSD-017-24, be received;
2. That J. Hoover Ltd with a total bid amount of $1,301,771.41 (Net HST Rebate) being
the lowest compliant bidder meeting all terms, conditions and specifications of
tender CL2024-5 including all provisional items, be awarded the contract for the
landscaping and renovations of the Veteran's Square and Courtyard, as required by
the Community Services Division;
3. That the total funds required for this project is $1,359,672.85 (Net HST Rebate),
which includes construction costs of $1,301,771.41 (Net HST Rebate) and other
related costs such as design, inspection, testing, contract administration and
contingencies of $57,901.44 (Net HST Rebate) is in the approved budget allocation
as provided and be funded from the following accounts:
Description
Account Number
Amount
Veteran's Square Rehabilitation
110-42-421-84232-7401
$1,050,050.00
Building and Property
Improvements
110-42-421-83718-7401
$309,622.85
4. That all interested parties listed in Report FSD-017-24, and any delegations be
advised of Council's decision.
Page 212
Municipality of Clarington
Report FSD-017-24
Report Overview
Page 2
To request authorization from Council to award CL2024-5 for landscaping and renovations of
the Veteran's Square and Courtyard.
1. Background
1.1 Tender specifications and drawings were prepared by Henry Kortekaas & Associates
(HKLA) and Barry Bryan Associates (BBA) and provided by the Community Services
Division to the Purchasing Services Division. The scope of work included full
landscaping services, along with stair, ramp, and building envelope repairs.
1.2 Tender CL2024-5 was issued by the Purchasing Services Division and advertised
electronically on the Municipality's website.
1.3 Twenty-two companies registered as official plan takers. The tender document included
a mandatory site visit and in keeping with the terms and conditions of the tender
document only those plan takers in attendance at the site visit were eligible to submit a
bid. Eight companies attended the mandatory site visit.
2. Analysis
2.1 The tender closed on March 18, 2024.
2.2 Four submissions were received in response to the tender call. The bids were reviewed
and tabulated by the Purchasing Services Division (see attachment 1) and all were
deemed compliant. The submissions were forwarded to the Community Services
Division for review and consideration.
2.3 A staff member from the Community Services Division visited two of the project sites
previously completed by the low bidder to review the finished work. After a review and
evaluation, staff agreed that the work was satisfactory.
2.4 The Purchasing Services Division completed reference checks for the low -compliant
bidder, J. Hoover Ltd. References were deemed satisfactory and provided to the
Community Services Department for consideration.
2.5 After review and analysis of the bids by the Purchasing Services Division and the
Community Services Division, it was mutually agreed that the low bidder, J. Hoover Ltd
be recommended for the award of CL2024-5.
Page 213
Municipality of Clarington
Report FSD-017-24
3. Financial Considerations
Page 3
3.1 The total funds required for this project in the amount of $1,359,672.85 (Net HST
Rebate) which includes construction costs of $1,301,771.41 (Net HST Rebate) and
other related costs such as design, inspection, testing, contract administration and
contingencies of $57,901.44 (Net HST Rebate) is in the approved budget allocation as
provided and be funded by the Municipality as follows:
Description
Account Number
Amount
Veteran's Square Rehabilitation
110-42-421-84232-7401
$1,050,050.00
Building and Property Improvements
110-42-421-83718-7401
$309,622.85
3.2 Queries with respect to the division needs should be referred to the Director of
Community Services.
4. Strategic Plan
4.1 The renovation and building envelope repairs of the courtyard and Municipal
Administrative Centre 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 who concurs with
the recommendations.
6. Conclusion
It is respectfully recommended that J. Hoover Ltd with a total bid price of $1,301,771.41
(Net HST Rebate) being the low compliant bidder be awarded the contract for the
landscaping and renovations of the Veteran's Square and Courtyard, in accordance with
the terms, conditions and specifications of Tender CL2024-5.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 - Summary of Bid Results
Interested Parties:
List of Interested Parties available from Department.
Page 214
Municipality of Clarington
Report FSD-017-24
Attachment #1
Page 4
Municipality of Clarington
C L2024-5
Veteran's Square and Courtyard Revitalization
Bid Summary
Bidder
Total Bid Price
Total Bid Price
(Including HST)
(Net HST Rebate)
J. Hoover Ltd
$1,445,559.85
$1,301,771.41
MVW Construction & Engineering
2,301,188.17
2,072,291.22
Inc.
Pro Lawn Landscaping Ltd
2,515,903.68
2,265,649.19
M & S Architectural Concrete Ltd.
3,211,244.68
2,891,825.30
Page 215
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: LGS-014-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: Pinder DaSilva, IDEA Officer
File Number: By-law Number:
Report Subject: Clarington's 2024-2027 IDEA Strategy
Recommendations:
1. That Report LGS-014-24, and any related delegations or communication items, be
received;
2. That the 2024-2027 Inclusion, Diversity, Equity and Anti -Racism (IDEA) Strategy
attached to Report LGS-014-24, as Attachment 1, be approved; and
3. That all interested parties listed in Report LGS-014-24, and any delegations be
advised of Council's decision.
Page 216
Municipality of Clarington Page 2
Report LGS-014-24
Report Overview
This report provides an overview of Clarington's 2024-2027 Inclusion, Diversity, Equity and
Anti -Racism (IDEA) Strategy for Council's approval.
The report includes an outline of the work plans for the committees that support the overall
IDEA Strategy.
1. Background
1.1 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.
1.2 The Municipality of Clarington's 2024-2027 Inclusion, Diversity, Equity and Anti -Racism
(IDEA) Strategy reflects Clarington's vision to create a connected, dynamic, and
welcoming community, focused on the future while respecting the past.
1.3 The plan recognizes and celebrates the work that has already been undertaken by all
the internal and external diversity and inclusion committees for the past six years and is
a continuation of this foundational work.
2. IDEA Strategy
2.1 The IDEA Strategy, (Attachment 1), re -affirms the Municipality of Clarington's
commitment to diversity, equity, and inclusion. The document outlines the importance of
having an IDEA Strategy that includes actionable and measurable initiatives that
support Clarington's 2024-2027 Strategic Plan.
2.2 The IDEA Strategy includes Guiding Principles and Pillars that support the Municipality's
inclusion journey through staff training, and community initiatives and engagement.
3. Financial Considerations
Not Applicable.
Page 217
Municipality of Clarington
Report LGS-014-24
4. Strategic Plan
Page 3
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.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that the Municipality of Clarington's 2024-2026 Inclusion,
Diversity, Equity and Anti -Racism (IDEA) Strategy be approved by Council.
Staff Contact: Pinder DaSilva, IDEA Officer, 905-623-3379 ext. 2563 or
pdasilva@clarington.net.
Attachments:
Attachment 1 — Clarington's 2024-2027 Inclusion, Diversity, Equity and Anti -Racism (IDEA)
Strategy
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington's Diversity Advisory Committee
Clarington's Anti -Black Racism Task Force
Page 218
I1111\Tf:1III
:1 [Us
liversil
k n t *1 - Pr;
The Corporation of the 1-800-563-1195
Municipality of Clarington Local: 905-623-3379
40 Temperance Street,
info@clarington.net
Bowmanville, ON L1 C 3A6 www.clarington.net
Table of
Contents
04 Commitment to Diversity
04 Why is it important to have IDEA strategy?
05 Guiding Principles
06 IDEA Pillars
06 Diversity
06 Equity
06 Anti -Racism
07 Workplans supporting the IDEA Strategy
07 Internal Priorities
10 External Priorities
14 Feedback
Clarington's 2024-27 IDEA Strategy
Clarington's 2024-2027
IDEA Strategy
The Municipality of Clarington's 2024-2027 Inclusion, Diversity, Equity and
Anti -Racism (IDEA) Strategy reflects Clarington's vision to create a connected,
dynamic and welcoming community focused on the future while respecting
the past.
The Strategy recognizes and celebrates the efforts of Clarington's internal and
external diversity and inclusion committees and is a continuation of their
foundational work.
The Municipality's commitment to meeting the requirements of the Accessibility
for Ontarians with Disabilities Act (AODA) and the Ontario Human Rights Code
are essential components of the IDEA strategy. As per the AODA requirements, a
separate Multi -Year Accessibility Plan for 2024-28 has been created. The plan
informs and supports the execution of the overall Strategy.
CIarington's 2024-27 1DEA Strategy
Commitment to Diversity
The Municipality of Clarington recognizes that ethno-cultural, race, gender
identity, sexual orientation, ability, religious affiliation, age, and other aspects of
identity collectively impact and form our life experiences and how we interact
within our communities. We value the diversity of the people and communities
we serve.
The need to belong is universal and fundamental. Clarington recognizes that
there is work to be done to close the belonging gap and is committed to creating
an inclusive, equitable and safe community.
One of the priorities of Clarington's 2024-27 Strategic Plan is to cultivate a strong,
thriving and connected community where everyone is welcome. The goals and
actions of the "Connect" pillar guide the IDEA strategy. The Municipality
is working to build a diverse and inclusive workforce that has the skills,
education and training needed to develop and implement inclusive, accessible,
and equitable programs and services for our residents. Each of the workplan
activities support a priority from the Strategic Plan.
Why is it important to have an IDEA Strategy?
Simply acknowledging that diversity is important is not enough. As an employer,
and as a municipality that is committed to supporting the health and well-being of
its staff and residents, we must intentionally and continuously identify and break
down systems that prevent equitable access to employment, programs, and
services.
To stay competitive and relevant, we need to prioritize our commitment to equity,
diversity, and inclusion so that we can attract and retain a resilient, talented,
and diverse workforce that is reflective of the community we serve and actively
contributes to our efforts to create a more equitable society.
v
•
Clarington's 2024-27 IDEA Strategy 4
Page 222
Guiding Principles
These guiding principles are intended to support our ability to serve all of
Clarington's residents and implement our Municipality's Strategic Plan.
As employees, leaders
and Council members,
it is our duty to be
aware of our biases
and acknowledge that
individual and institutional
bias have excluded
marginalized members
of our organization and
community, regardless
of the intention of
those excluding.
Measurability
We must set out
actionable and
reasonable goals and
measure our progress
toward those goals.
Sense of
Community
We must recognize
diversity, inclusion, and
equity are critical to
uniting our community
so that we can embrace
and take pride in the
vibrant community that
we all share.
Accountability
We commit to holding
ourselves and each other
responsible for our goals,
including our successes
and failures.
Continuous
Learning
We must provide
training and
educational
opportunities to
support organization -
wide thinking that
challenges systemic
inequities and
promotes healthy
conversations.
Lived Experience
We will listen to the
perspectives and stories
of those who have been
marginalized. We will
not deny their lived
experience; instead,
we will value and learn
from their first-hand
experiences and
acknowledge to do
and be better.
Clarington's 2024-27 IDEA Strategy
Page 223
5
IDEA Pillars
Each of the following IDEA pillars is built on a foundation of inclusion. At
Clarington, we are embracing our inclusion journey. We are learning, creating, and
implementing a work and community culture where everyone feels they belong
— one that embraces, respects, accepts, and values diversity, ensuring that
everyone feels they can contribute and participate to their fullest potential.
We are making a commitment to continued growth in each of the following
three pillars:
Diversity
At Clarington, we strive to ensure that diverse perspectives are heard,
understood, and applied in the decisions we make and the work we do. Diversity
is about the individual and the variety of unique identities, qualities, experiences,
and characteristics that shape who we are and how these impact our daily
interactions in our community.
Equity
At Clarington, we believe that creating equitable access to everything that our
community has to offer starts with analyzing, acknowledging, and removing
barriers and systems that prevent accessibility and inclusion. Equity means
everyone is treated according to their diverse needs in a way that enables all
people to successfully participate and engage in the community.
Anti -Racism # ,
Clarington is taking a stand against racism and fighting for equality through our
anti -racism policies and practices. We are actively taking steps to address the
barriers that are prevalent in our community, including employment, justice, and
social participation among Indigenous Peoples, racialized communities, and
religious minorities. It's our goal to ensure a safe environment by eliminating
racial discrimination and injustice one step at a time.
Clarington's 2024-27 IDEA Strategy
Page 224
0
Workplans supporting the IDEA Strategy
The IDEA priorities and outcomes achieved in the applicable work plans all
connect to support Clarington's commitment to the three pillars.
1. Internal Priorities
1.1 Provide staff with skills, knowledge, and experience through training and
continuous learning opportunities and resources.
Equity & L.1.4, C.3.2 Finalize development and
Inclusion branding of Equity &
Lens Inclusion Lens Guidelines.
Guidelines
Training C.1.3, C.3.1 Identify, and collaborate
Partners with, organizations that
provide training in areas of
gender diversity, Truth and
Reconciliation, and anti -
racism.
Annual L.1.4
The annual training
IDEA
schedule is completed,
Training
highlighting mandatory
Schedule
and continuous IDEA
learning for new and
current staff.
Improvement of inclusion and
diversity for employees and
customers through Municipal
programs, services and initiatives
developed by Human Resources,
Community Services, and
Communications teams.
The Municipality has a list of
highly qualified training vendors
available to support the IDEA
training of staff across all
departments based on current
needs and trends.
The Municipality of Clarington
has a workforce that has the
necessary skills, knowledge,
and resources related to
IDEA, allowing them to be
more engaged, relevant and
competitive.
Clarington's 2024-27 IDEA Strategy
Page 225
7
1.2 Staff engagement through internal Truth and Reconciliation Committee.
Truth and
Reconciliation
Commission
(TRC) Calls to
Action
C.3.3, C.3.4
Analyze which TRC
Calls to Action should
be incorporated into
Clarington's Indigenous
Engagement Plan.
A multi -year plan established,
identifying Clarington's
response to applicable Calls to
Action for the next three years.
1.3 Staff engagement through internal Diversity and Inclusion Committee.
Inclusive
Language
Guide
Satellite
Safe Spaces
Diversity,
Equity and
Inclusion
section on
the Hub
L.1.4, C.3.1 Create a schedule for
sharing the inclusive
language guide with staff
L.1.4, C.3.1 Work with Community
Services to identify safe
spaces for staff who
need a space for prayer,
mediation, or a quiet
space, similar to MAC.
L.1.4, C.3.1, Collaborate with the
C.3.2 Communications Division
to update the DEI section
of the Hub to be more
interactive.
Different sections of the
Inclusive Language Guide
will be published on the Hub
as a resource during specific
celebratory events.
One new satellite safe space
identified and set up.
All staff will be able to
access information on the
work being done by staff
committees, the IDEA strategy,
the IDEA workplans and offer
feedback and join the IDEA
conversation.
Clarington's 2024-27 IDEA Strategy
Page 226
1.4 Provide IDEA -related resources and support to applicable Municipal departments.
Participate in
Public Events
Leading
Equitable and
Accessible
Delivery (LEAD)
Improvement
Plan
Municipal -
hosted
community
events
v
C.1.3, C.3.1,
C.3.2
L.1.4
C.3.1, C.3.2
is
Municipal IDEA resources
and support provided
at job fairs and other
community events.
Work with Human
Resources to support their
Diversity Recruitment Plan
as outlined in the LEAD
Improvement Plan.
Support Community
Services with
increasing diversity
and representation in
community programs and
celebrations.
Community organizations and
residents have understanding
and knowledge of Clarington's
commitment to diversity and
inclusion.
Key IDEA training, activities,
and resources related to
recruitment, onboarding and
retention are identified and
agreed upon for the year.
Community Services has the
resources and support needed
to develop and implement
inclusive and welcoming
programs, services, and
events.
Clarington's 2024-27 IDEA Strategy
Page 227
2. External Priorities
2.1 Advance Community Engagement through Clarington Diversity Advisory
Committee (CDAC)
Clarington C.1.3, C.3.1, CDAC identifies, and meets Increased inclusion and
community C.3.2 with, key community event diversity representation in the
events, organizers to discuss entertainment, food, vendors etc.
festivals & increasing diversity. at community celebratory events
celebrations such as AppleFest & MapleFest.
Presence
C.1.3, C.3.1, CDAC identifies
at local
C.3.2 community events and
community
celebrations to attend
events and
as members of the
committee.
Presence in
C.3.1, C.3.2 Collaborate with the
Clarington
Communications
Connected
Division on the quarterly
community
newsletter.
newsletter
Increased presence and
awareness in the community of
the CDAC, allowing members to
connect with other residents and
discuss the role of CDAC.
Increased knowledge and
understanding for Clarington
residents on the activities that
CDAC has engaged in to increase
inclusion, and diversity in
Clarington.
Student C.1.3, C.3.1, CDAC Sub -Committee
Increased diversity and inclusion
Bursary C.3.2 identifies process and
in schools and community
Program criteria for implementing a
through the actions of young
student bursary program
leaders who are engaged in social
on behalf of CDAC.
impact activities.
CIarington's 2024-27 IDEA Strategy
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10
2.2 Advance Community engagement through Clarington Anti -Black Racism Task -
force (CABRT)
Presence in
Clarington
Connected
community
newsletter
Presence
at local
community
events and
celebrations
Black History
Month
C.1.3, C.3.1,
C.3.2
C.1.3, C.3.1,
C.3.2
C.1.3, C.3.1,
C.3.2
Collaborate with the
Communications
Division on the quarterly
newsletter.
CABRT identifies
community events and
celebrations to attend
as members of the
committee.
Collaborate with
Clarington Municipal
and Library, Museums,
and Archives staff to
implement Black History
Month activities in the
community.
Increased knowledge and
understanding for Clarington
residents on the activities
that CABRT has engaged in
to increase inclusion and
diversity in Clarington.
Increased presence and
awareness in the community
of the CABRT, allowing
members to connect with
other residents and discuss
the role of CABRT.
Increased knowledge
and understanding in the
community on the legacy and
impact of Black people in
Clarington and across Canada.
•
Clarington's 2024-27 IDEA Strategy
Page 229
2.3 Advance Indigenous Engagement Efforts
Community
Partnerships &
Engagement
Moccasin
Identifier
Project
C.3.1,C.3.3,
C.3.4
C.1.3, C.3.1,
C.3.3, C.3.4
Identify key Indigenous
organizations to support
Clarington's Indigenous
Engagement Strategy.
IDEA Officer collaborates
with Planning and
Infrastructure to
consult with Indigenous
community and artist.
Municipality staff regularly
engaged with two to three
Indigenous organizations for
consultations on initiatives,
hosting community events and
celebrations.
Input and engagement with
Indigenous communities
on design and placement /
location completed.
Two locations in Clarington
will be identified for the
Moccasin Identifier Project.
Clarington's 2024-27 IDEA Strategy
Page 230
12
2.4 Implement Anti -Racism and Anti -Discrimination Plan
Re-establish
C.1.3, C.3.1,
Communicate with
Meeting schedule established.
Working Group
C.3.2, C.3.3,
past Working Group
C.3.4
members to determine
interest in continuing with
committee participation.
Anti -Racism
C.1.3, C.3.1,
Working Group utilize
Working Group has agreed
and Anti-
C.3.2, C.3.3,
meetings to identify key
upon the priority areas/pillars
Discrimination
C.3.4
priority areas/pillars for
based on results of community
Work Plan
Anti -Racism action plan.
survey.
Smaller groups formed for
each of the priority pillars;
action items and KPIs for
the applicable priority pillar
identified.
Disseminate C.1.3, C.3.1, Collaborate with the Anti -Racism plan / key pillars
Anti -Racism C.3.2, C.3.3, Communications Division shared on social media, and
and Anti- C.3.4 to highlight the Hub.
Discrimination Municipality's
Work Plan commitment to diversity
and inclusion.
CIarington's 2024-27 IDEA Strategy
Page 231
13
2.5 Implement Intimate Partner Violence (IVP) Actions
Staff Training
Missing and
Murdered
Indigenous
Women and
Girls (MMIWG)
Feedback
L.1.4, C.3.2
L.1.4, C.3.2,
C.3.3, C.3.4
Identify facilitator and
training opportunities on
Intimate Partner Violence
(IPV) and Gender -Based
Violence.
Identify applicable
MMIWG Calls for Justice
as it relates to IVP.
Community Services and
Library Staff have the skills,
knowledge and resources
needed to identify intimate
partner violence and provide
necessary support and
referrals.
Safer community due to
actions and training being
incorporated into MMIWG
Calls for Justice.
We welcome your feedback! Please let us know your thoughts on Clarington's
Multi -Year IDEA Strategy.
By email: diversity@clarington.net
By Phone: 905-623-3379 ext. 2563
TTY: 1-844-790-1599
In writing or in person: 40 Temperance Street, Bowmanville ON L1 C 3A6
If you require this information in an alternative format, please contact the IDEA
Officer at 905-623-3379 ext. 2563 or diversity@clarington.net.
Clarington's 2024-27 IDEA Strategy
Page 232
14
as
The Corporation of the
Municipality of Clarington
40 Temperance Street,
Bowmanville, ON L1 C 3A6
1-800-563-1195
Local: 905-623-3379
info@clarington.net
www.clarington.net
11
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ciff-MOOR
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-015-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Trevor Pinn, Deputy CAO, Finance and Technology Resolution#:
Authored by: Jeannette Whynot, Accessibility Coordinator
File Number: By-law Number:
Report Subject: 2024-2028 Multi -Year Accessibility Plan
Recommendations:
1. That Report LGS-015-24, and any related communication items, be received;
2. That the 2024-2028 Multi -Year Accessibility Plan, attached to Report LGS-015-24,
as Attachment 1, be approved;
3. That the 2024-2028 Multi -Year Accessibility Plan be posted on Clarington's website
in accordance with Regulations; and
4. That all interested parties listed in Report LGS-015-24 be advised of Council's
decision.
Page 234
Municipality of Clarington
Report LGS-015-24
Report Overview
Page 2
As required under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), this
report presents Clarington's 2024-2028 Multi -Year Accessibility Plan (MYAP) for Council's
consideration and endorsement.
1. Background
1.1 In accordance with the AODA, municipalities are required to establish, implement,
maintain, and document a multi -year accessibility plan. This plan outlines the
Municipality's strategy to prevent and remove barriers and meets its requirements under
Ontario. Reg. 191/11, the Integrated Accessibility Standards Regulation.
2. The Plan
2.1 The plan, included with this Report as Attachment 1, outlines how the Municipality will
continue to identify, address, and remove barriers related to accessibility and inclusion
for people with disabilities. The Clarington Accessibility Advisory Committee has
recommended that Council approve the plan as Clarington's 2024-2028 Multi -Year
Accessibility Plan in accordance with the AODA.
3. Financial Considerations
3.1 There are no financial implications associated with the approval of the 2024-2028 Multi -
Year Accessibility Plan.
3.2 Individual actions with financial implications are subject to Council approval and will be
included as part of budgets or other reports for Council's consideration as appropriate.
4. Strategic Plan
4.1 The MYAP supports the Connect Pillar of Clarington's Strategic Plan by working to
create a diverse, equitable and inclusive community. The MYAP advances priority C.3.2
— Reduce Barriers to Municipal programs, services and infrastructure. The initiatives
described in the MYAP will contribute to the achievement of Action 3.2.1 — Evaluate
Municipal programs and services with a view to improving accessibility and promoting
inclusivity based on age, gender, abilities, and socio-economic status.
5. Concurrence
Not Applicable.
Page 235
Municipality of Clarington
Report LGS-015-24
6. Conclusion
Page 3
It is respectfully recommended that the attached plan be endorsed as the Municipality of
Clarington's Multi -Year Accessibility Plan in accordance with Ontario Regulation 191/11
s.4(1).
Staff Contact: Jeannette Whynot, Accessibility Coordinator, net.
Attachments:
Attachment 1 — 2024-2028 Multi -Year Accessibility Plan
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington Accessibility Advisory Committee
Page 236
Cla
Attachment 1 to Report LGS-015-24
Multi -Year Accessibility Plan 2024-2028
Land Acknowledgement
The Municipality of Clarington is situated within the traditional and treaty territory of the
Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties
First Nations. Our work on these lands acknowledges their resilience and their
longstanding contributions to the area now known as the Municipality of Clarington.
We embrace our journey to understanding our treaty relationships and the invaluable
contributions of Indigenous peoples to our community and country. We encourage all
residents to reflect and acknowledge the importance of integrating Truth and
Reconciliation into our communities where we live, learn and work.
Page 237
Page 2
Table of Contents
LandAcknowledgement............................................................................................... 1
Statement of Commitment............................................................................................ 3
2024-2028 Multi -Year Accessibility Plan..................................................................... 4
Overview..................................................................................................................... 4
Community Engagement and Input......................................................................... 5
How is the plan organized?...................................................................................... 5
CustomerService...................................................................................................... 6
KeyOutcomes.......................................................................................................... 6
Employment............................................................................................................... 7
KeyOutcomes.......................................................................................................... 7
Information and Communication.............................................................................. 8
KeyOutcomes.......................................................................................................... 8
Transportation........................................................................................................... 9
KeyOutcomes.......................................................................................................... 9
Design of Public Spaces.........................................................................................
10
KeyOutcomes........................................................................................................
10
LEAD (Leading Equitable and Accessible Delivery) ................................................
11
Implementation............................................................................................................
11
Conclusion...................................................................................................................
12
Feedback......................................................................................................................
12
Page 238
Page 3
Statement of Commitment
Under the Accessibility for Ontarians with Disabilities Act (AODA), all organizations
must share a public statement of commitment to meeting the needs of people with
disabilities. The following is Clarington's statement of commitment:
The Municipality of Clarington is committed to providing our community with goods,
services, and facilities that are accessible and inclusive to all. We are committed to
reducing barriers to municipal programs, services, and infrastructure. We will continue
to work with community members and allocate the appropriate resources toward the
elimination of barriers in our community. Clarington is committed to meeting the
requirements of the AODA and the Ontario Human Rights Code.
Page 239
Page 4
2024-2028 Multi -Year Accessibility Plan
Overview
New findings from the 2022 Canadian Survey on Disability showed that 27% of
Canadians aged 15 and older, or 8.0 million people, had one or more disabilities that
limit their daily activities. This is an increase of 5 percentage points since 2017 when
22% of Canadians or 6.2 million people, had one or more disabilities'. People with
disabilities continue to be the largest minority group in Canada. Disability can affect
anyone, at any time, and is not limited by race, gender, religion, or any other
characteristic. With this information, it is clear that the needs of people with disabilities
cannot be ignored, and we must make a conscious effort to identify and eliminate
barriers for people with disabilities.
Acknowledging the AODA and its Standards is just the beginning, Clarington will
continue to expand on the minimum requirements of this legislation. We will continue to
do better for our residents, visitors, and staff.
This Plan is a roadmap to creating a better Municipality for everyone. The goals and
outcomes laid out in the Plan translate into increased opportunities for people with
disabilities to access employment and to fully participate in the social, cultural, political,
and recreational life of Clarington.
1 The Daily — Canadian Survey on Disability, 2017 to 2022 (statcan.gc.ca)
Page 240
Page 5
Community Engagement and Input
The Municipality launched an online engagement survey during the 2023 National
AccessAbility Week. This online survey provided the community an opportunity to
provide feedback on the updated MYAP (Multi Year Accessibility Plan). The survey
offered feedback on various subjects. There were multiple opportunities for participants
to provide specific and open-ended feedback.
The survey was shared through our social media channels and targeted advertisements
were run to further increase survey engagement. The survey was also shared in
approximately 14 Facebook community groups. Community -based disability
organizations were also contacted to ensure they were aware of the opportunity to
provide feedback.
In total, 125 responses were received and carefully reviewed by the Accessibility
Coordinator and helped inform the updated MYAP. Feedback from the survey was
shared with specific Municipal departments and areas of improvement were identified.
The Clarington Accessibility Advisory Committee (CAAC) was consulted on the updated
MYAP at their June 14, 2023, meeting. Additionally, members of the CAAC were
encouraged to provide their feedback anonymously through the public survey.
How is the plan organized?
The sections below address key areas required by the AODA which include Customer
Service, Employment, Information and Communication, Transportation, and the Design
of Public Spaces. After each area, there is a sub -section on key outcomes which
provides a summary of what we expect to see as a key performance indicator.
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Page 6
Customer Service
Technology and assistive devices are constantly evolving, and Clarington is committed
to ongoing research and investment into accessible customer service. This includes
ongoing training, adding communication aids and embracing the flexibility required to
meet diverse needs.
We want to be proactive, inclusive, and welcoming to all residents. We have a
responsibility to build accessible, responsive, and inclusive spaces. We can do this by:
• Offering accessibility aids to support residents who access municipal services,
programs, and facilities. Aids such as adult change tables, sledge hockey sleds,
skate aids, and personal amplification devices.
• Continuing to incorporate mobility device charging stations into the facilities and
spaces we own/operate.
• Focusing on creating sensory -friendly and wheelchair -accessible activities at
community events, municipal spaces, and community centres to create a more
inclusive experience.
• Continuing to offer on -demand language translation services, including American
Sign Language (ASL).
• Using Clarington's Inclusive Lens Guide when developing programs and services
for the communities we serve.
Key Outcomes
People of all abilities receive seamless, dignified, and equitable access to
services in a timely manner.
Municipal staff have access to resources to support accessible customer service.
Municipality will be able to track, through user feedback and surveys, a decrease
in accessibility barriers and increased satisfaction among people with disabilities.
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Page 7
Employment
• Continue to engage with disability organizations to reach potential employees
with disabilities. Utilize various disability organization job boards to ensure job
postings are being seen by people with disabilities.
• Review job postings through an inclusion lens and remove non -essential
requirements that may limit applicants with disabilities.
• Collaborate with Human Resources to determine different types of training
needed for hiring managers to reduce bias in the recruitment and retention of
employees with disabilities.
• Streamline and integrate employment accommodations for employees with
disabilities.
• Review and update the return -to -work process.
• Continue to offer employees with disabilities individualized emergency response
plans.
• Use Clarington's Inclusive Lens Guide throughout the hiring process and when
developing policies and programs for employees.
Key Outcomes
Job candidates and Municipal staff with disabilities have the support to join, work
effectively, experience career growth, and have opportunities for learning,
development, and progression.
Ensure equitable, clear, and consistent employment and accommodation policies
and procedures that seek to remove systematic barriers.
The Municipality will be able to track, through the employee demographic survey
an increased number of people with disabilities employed.
Page 243
Information and Communication
• Continue creating accessible documents and content and offering alternative
formats upon request.
• Offer staff continuing education opportunities to enhance their ability to create
accessible documents.
• Recognize, and promote, days of significance such as National AccessAbility
Week (NAAW) and International Day of Persons with Disabilities.
• Continue monitoring the accessibility of the Municipality's website and web
applications to ensure they meet, or exceed, the minimum requirements set out
in the AODA.
Key Outcomes
• Residents, visitors, and employees of all abilities are provided with equitable
access to Municipal information.
• Municipal staff have access to training and resources to develop and provide
information in accessible formats.
• During the next Multi -Year Accessibility Plan public survey, the Municipality will
see a decrease in the number of respondents who indicate they've experienced
an information and communication barrier with us.
• Customer feedback surveys will show increased satisfaction with how information
is shared by the Municipality.
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Page 9
Transportation
Public transportation is the responsibility of the Regional Municipality of Durham.
As such, Clarington is not obligated to comply with most of the transportation
requirements in the AODA.
Active transportation initiatives can be found in the Design of Public Spaces
section of this Plan.
The Municipality will, with other lower -tier municipalities in Durham, discuss the
availability and licensing of accessible on -demand taxis. Lower -tier municipalities
in Durham are aware of community concerns about the availability of accessible
on -demand taxis and we will work with our counterparts to work on solutions to
address the barriers.
Key Outcomes
• Residents will have increased access to accessible on -demand taxi service in
Clarington.
• Through the next Multi -Year Accessibility Plan survey, we will see a decrease in
transportation -related complaints.
• The CAAC has the opportunity to provide feedback to Durham Region Transit.
• The Municipality will be able to demonstrate improved access to a range of
accessible transportation and related services in the Municipality that are
accessible, affordable, convenient, and safe for people with disabilities.
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Page 10
Design of Public Spaces
• Complete Rick Hansen Foundation (RHF) accessibility audits of Municipal
facilities and develop an action plan for achieving RHF Gold Level Certification.
• Using a strategic approach, install Alternative and Augmentative Communication
(AAC) picture boards in playgrounds across our communities.
• Utilize alternative accessible ground surfaces over woodchipped grounds at
community parks to improve opportunities and access for those who use mobility
aids or have ambulatory disabilities.
• Incorporate more accessible features at local parks, including sensory activities
in each part of our community, so that children with disabilities and
parents/caregivers with disabilities do not have to travel far to play.
• Continue installing Tactile Walking Surface Indicators (TWSI) and Accessible
Pedestrian Signals as required under the AODA.
• Continue to consult with the Clarington Accessibility Advisory Committee (CAAC)
on new, and re -developed, public spaces such as parks, sidewalks, and other
community spaces.
• Continue to integrate accessibility considerations into multi -use pathways and
recreational trails.
• Continue to consult with the CAAC on the design and location of accessible
parking spaces in both on and off-street locations.
• Review snow -clearing operations and programs using an accessibility and equity
lens to reduce barriers that limit the mobility of people with disabilities.
Key Outcomes
Improved accessibility of facilities and public spaces by incorporating
accessibility into the design of new/redeveloped facilities and public spaces so
that residents, visitors, and employees of all abilities feel welcome.
During the next Multi -Year Accessibility survey, the Municipality will see
increased satisfaction with spaces covered by the AODA Design of Public
Spaces Standard.
Page 246
Page 11
LEAD (Leading Equitable and Accessible Delivery)
In 2021, the Municipality worked with the Abilities Centre and went through a LEAD
Canada assessment. This assessment looked at how accessibility and inclusion is
embedded into our organization. LEAD challenges organizational systems and
processes to create transformational change that enables full and meaningful
participation for people with disabilities.
Through this process, the Municipality was given a LEAD Action Plan with a variety of
short, medium, and long-term changes. Many of the LEAD Action Plan items for the
various departments (Community Services, Communications, Human Resources, etc.)
are reflected throughout the Key Outcomes listed above. The Municipality has made
numerous strides in addressing these changes and will continue to work through the
Improvement Plan.
Implementation
The absence of timelines in this plan reflects the fact that meeting the accessibility
needs of the community must be part of a continuous improvement model. While we are
committed to achieving the goals within this plan throughout the 5-year period, we
recognize that flexibility is required when removing barriers and managing unknown
situations. We will continue to report on our Accessibility Plan progress each year,
keeping ourselves accountable for the goals within this document.
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Page 12
Conclusion
The actions outlined in this Accessibility Plan will help us pave the way to improvement
for all. Accessibility does not belong to one committee, service area, or role. The
Municipality embraces accessibility as an organization -wide movement, and we are fully
committed to creating a more inclusive community.
Feedback
We welcome your feedback. Please let us know what you think about the 2024-2028
Multi -Year Accessibility Plan:
• By email: accessibility@clarington.net
• By Phone: 905-623-3379 x 2131
• TTY: 1-844-790-1599
• In writing: 40 Temperance St, Bowmanville ON L1V 3A6
• In Person: Share your feedback with any Clarington staff member.
If you require this information in an alternative format, please contact the Accessibility
Coordinator at accessibility@clarington.net
Page 248
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: LGS-016-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-185-23
Authored by: Rob Maciver, Deputy CAO/Solicitor
File Number: L1000-11 By-law Number: 2008-114
Report Subject: Site Alteration By-law Update
Recommendations:
1. That Report LGS-016-24, and any related delegations or communication items, be
received;
2. That the Site Alteration By-law included as Attachment 2 to Report LGS-016-24, be
enacted; and
3. That all interested parties listed in Report LGS-016-24, and any delegations, be
advised of Council's decision.
Page 249
Municipality of Clarington
Report LGS-016-24
Report Overview
Page 2
Following a period of public consultation, and in response to a variety of factors, including
changes to provincial regulation, enforcement challenges, and administrative obsolescence,
this report recommends the enactment of a new Site Alteration By-law.
1. Background
Council Direction
1.1 Report LGS-031-23 explained that, due to a variety of factors, including changes to
Provincial regulation, enforcement challenges, and administrative obsolescence, the
Clarington Site Alteration By-law 2008-114 requires updating.
1.2 Accordingly, at the November 6, 2023 General Government Committee meeting,
Resolution #GG-185-23 was passed:
That Report LGS-031-23, and any related delegations or communication items,
be received;
That Staff in the Legislative Services and Planning and Infrastructure Services
Departments conduct a public consultation on proposed changes to the
Clarington Site Alteration By-law, and report back to Council with a new draft by-
law to replace the existing by-law; and
That all interested parties listed in Report LGS-031-23, and any delegations be
advised of Council's decision.
Page 250
Municipality of Clarington
Report LGS-016-24
Legislative Authority and Changes
Page 3
1.3 The legislative authority for the Municipality to regulate site alteration is found in section
142 of the Municipal Act, 2001, which provides that a municipality may:
(a) prohibit or regulate the placing or dumping of fill;
(b) prohibit or regulate the removal of topsoil;
(c) prohibit or regulate the alteration of the grade of the land;
(d) require that a permit be obtained for the placing or dumping of fill, the removal of
topsoil or the alteration of the grade of the land; and
(e) impose conditions to a permit, including requiring the preparation of plans
acceptable to the municipality relating to grading, filling or dumping, the removal
of topsoil and the rehabilitation of the site.
1.4 On January 1, 2023, the On -Site and Excess Soil Management regulation came into
effect. The regulation establishes standards for soil quality imported or exported from a
site, and also enables municipalities to incorporate these standards into their regulatory
by-laws.
Existing By-law
1.5 By-law 2008-114 was approved arising out of Report EGD-022-08 and Report EGD-
030-08. At the time, there was concerns for materials being placed on properties,
concentrated heavy traffic, volume of fill, environmentally protected areas, and
agricultural areas.
1.6 The intent of the original by-law was to "to control significant excavation and/or filling of
property by requiring that a Permit be applied for which outlines and identifies
information which, in turn, will allow the Director to "assess the impact of the fill or
alteration on the area affected." The by-law provides for a comprehensive list of
exceptions to the by-law provisions.
1.7 The 2008 by-law has been amended once, through By-law 2012-022, arising out of
Report EGD-010-12, in order to add sections related to public meetings, permit fees,
permit time limits, restrictions on source sites, new definitions, and a reduction in hours
of operation.
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Municipality of Clarington Page 4
Report LGS-016-24
2. Consultation Process
2.1 In December 2023, Clarington initiated a public consultation process regarding
proposed changes to the Site Alteration By-law. This process entailed the following
activities:
• notice published on the Clarington website on both a dedicated page and on the
site alteration information page;
• Public Information Centre on January 25, 2024;
• a social media campaign;
• notice in the Orono Weekly Times; and
• inclusion on online Durham Region News.
2.2 The input received from the consultation process has been summarised in the Public
Consultation Comment Matrix included as Attachment 1 to this Report.
2.3 Some of the recurrent themes of the input received are also summarized in the section
below.
3. Public Input
Public Input
3.1 Concerns were expressed that tracking and monitoring of site alteration across the
Municipality must be closely followed and that material outside of Clarington should not
be permitted.
3.2 Input was provided to request that tipping fees associated with site alteration in
Clarington should be consistent with adjacent municipalities.
3.3 Oral and written comments were submitted on the theme of appropriate monetary fine
amounts, and that these fine amounts should be clearly identified in the By-law.
3.4 Some commentators emphasized the importance of the role of the Qualified Person
and the need for this person to provide unbiased advice that includes a thorough
analysis of concerns as well as detailed instructions and records about soil testing.
3.5 Fears were expressed that applicants would not abide by approved haul routes and
schedules. There is a need for diligence in the approval and monitoring of these details,
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Municipality of Clarington
Report LGS-016-24
Page 5
and consequences for any infractions. Also, that limits should be imposed on the
number of trucks per day, as well as start and end times.
3.6 Comments were received that applicants should be required to use mitigation
measures to reduce unwanted noise, dust, and other negative impacts.
Local Landscaping and Excavation Business Input
3.7 Requests were submitted that the By-law should be carefully tailored to eliminate the
potential for unforeseen and unintended application of exemptions.
3.8 Additional comments were provided to suggest that at the completion of the site
alteration work, the source site should receive a final inspection to confirm compliance
with the approved Grading Plan provided with the permit.
Other Input
3.9 Regulation of site alteration commonly involves cooperation with the conservation
authority, especially when the area affected is also regulated under the Conservation
Authorities Act. Staff have therefore consulted with and received input from CLOCA to
ensure that their specific concerns are addressed.
4. Proposed By-law Changes
4.1 The objectives of the proposed By-law are:
• to protect the environment;
• to recognize the Municipality's responsibility to support responsible development;
• to recognize a landowner's right to alter land to prepare it for development;
• to protect the natural environment and human health;
• to align Municipal requirements with the Provincial excess soil regulations and
industry best practices;
• to limit adverse impacts to the local community and to Municipal infrastructure;
and
• to effectively monitor and enforce its provisions and to achieved high levels of
compliance.
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Municipality of Clarington
Report LGS-016-24
Page 6
4.2 Below is a summary of the key proposed changes to the By-law, based on the needs
identified by Staff, together with the input received during the consultation process.
4.3 The Ontario government introduced Ontario Regulation 406/19 On -Site and Excess
Soil Management to reduce the amount of soil going into landfills and to further
regulate excess soil management. The regulation includes new requirements for
documentation and soil tracking. Consistent with the regulation, the proposed By-law
requires that a Qualified Professional certify the application to confirm that it meets all
conditions set forth in the regulation for on -site and excess soil management.
4.4 Another key provision is the elimination of the blanket exemption from the permit
requirement for site alteration in connection with the issuance of a building permit. The
proposed By-law provides for a much more scoped opportunity for exemption at the
discretion of the Deputy CAO/Planning and Infrastructure Services, which will curtail
any opportunity for abuse.
4.5 The blanket exemption for contractor's yards has also been eliminated in favour of a
more tailored approach.
4.6 The proposed By-law introduces additional limits on temporary stockpiles of fill to
ensure that they do not become excessive.
4.7 Much more detail has been included in the proposed By-law to enhance and clarify the
permit application requirements and owners' responsibilities. This will provide for much
greater control and certainty about permitted site alteration activities, including more
fulsome background information, and avoidance of disturbances to the surrounding
community.
4.8 The proposed By-law would introduce a limited ability to permit the importation of
topsoil or fill from source sites outside of Clarington in circumstances where a local
source is not available. All imported material would be subject to stringent screening
requirements.
4.9 The proposed By-law provides for increased permit fees and tipping fees to provide a
measure of cost recovery for Staff time involved in the permitting and enforcement
aspects of the regulation.
5. Enhancements to Enforcement
5.1 An important component of the effectiveness of regulation is an appropriate financial
deterrent in the form of fines.
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Municipality of Clarington
Report LGS-016-24
Page 7
5.2 Important concerns were expressed by members of the public that the fine amounts in
the current by-law may not adequately reflect the severity of some of the more serious
offences.
5.3 To reassure Council and residents that the fine amounts will be proportionate, Staff can
indicate that the new by-law has been updated to include the maximum permissible fine
amounts under the Provincial Offences Act. While every offence will warrant the
maximum penalty, it is important that the Municipality have this option available for the
worst offenders.
5.4 Issuance of fines can be a cumbersome task, which in some cases requires Court
approval. As a result, enforcement can sometimes be delayed due to these
requirements. To curb the effect of delays, Staff have also included a provision for set
fines in the new by-law. Set fines are pre -determined fine amounts that are authorized
in advance by the Ministry of the Attorney General. The introduction of set fines will
simplify the process for Municipal Law Enforcement Officers to issue notices of offence,
and Staff are optimistic that this will create a greater deterrence against illegal activity.
6. Public Awareness
6.1 During the public consultation process, the Municipality received valuable input on the
need for publicity surrounding the new by-law.
6.2 Staff routinely discuss site alteration regulations with the Agricultural Advisory
Committee, but further efforts may be needed to raise awareness outside of the
agricultural community.
6.3 To enhance this awareness, Staff are proposing to include messages about site
alteration in the Municipal Law Enforcement communications plan that is currently
under development.
6.4 It is further proposed that as part of our communications, Staff would advertise a "tip
line" that residents can call to report suspicious activity related to the importation or
removal of fill material. In this way we would hope to encourage residents to contact the
Municipality when they witness unusual activity, and to simplify the process for doing
so.
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Municipality of Clarington Page 8
Report LGS-016-24
7. Financial Considerations
The revenue implications of the proposed By-law have been discussed with Financial
Services Staff who are supportive of the changes. Additional accounting updates have
been made to enhance reporting ability on site alteration activities in the Municipality.
8. Concurrence
This report has been reviewed by the Director of Planning and Infrastructure Services
who concurs with the recommendations.
9. Conclusion
It is respectfully recommended that Council approve the proposed new Site Alteration
By-law attached to this report, to better position the Municipality to effectively respond to
the growing challenges associated with the regulation of site alteration.
Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 or rmaciver@clarington.net.
Attachments:
Attachment 1 — Public Consultation Comment Matrix
Attachment 2 — Draft Site Alteration By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
List of Interested Parties available from Department.
Page 256
Attachment 1 to Report LGS-016-24
Source Comment Response Change required
The presentation mentioned exceptions to not allowing fill from outside Clarington. I still think there should be no exceptions.
Current regulations require the movement of fill be uploaded on
the registry and the Municipality will be requiring electronicAcknowledged.
1
But if necessary the exception should be severely monitored and controlled. And the penalty for exceeding the exception
tracking system.
Will be addressed
should be very severe. I'm not sure that Clarington can effectively manage an exception given it is unable to monitor/police
in by-law update.
what's going on today. Why allow an exception that can't be controlled? Just asking for trouble.
You need to advertise that this by-law exists and its purpose. I didn't know about it before. There are many important by-laws
Acknowledged - Develop Communication Plan
in Clarington - maybe look at including a brief summary of a different by-law each time a tax bill is sent out. Everyone reads
their tax bill.
How do you determine if someone is moving fill without a permit? This would include getting a permit but moving more or
The Municipality relies on residents to report movement of fill,
different fill than permitted. Perhaps offer a small reward upon conviction.... maybe free admission to something
typical for any by-law. Staff follow up when they witness
movement.
Fines will continue to be assessed in accordance with the
The fines should be aligned with how much fill has been moved and is it a company or an individual..or both.
severity of the violation, however the addition of set fines willallow
officers to issue immediate offense notices in appropriate
circumstances
Monitoringis going to be tough articular) with ravel its as it might be easy to "hide" fill deepin the it
g g g particularly g p g y p
The Municipality will need to be vigilent in order to detect illegal
filling before it causes environmental damage
Will this bylaw use RPRA to assist in tracking and monitoring?
Acknowledged. Will be addressed
in by-law update.
Also publicize Clarington's target to complete the permitting
The By-law will updated in 2024.
The QP will meet the requirements of the Regulation.
The qualified person
qualified person" means,
1) needs to be unbiased
2) should not be on the contractor's payroll but provided by an outside agency paid for by the applicant
(a) subject to clause (b), a qualified person within the meaning
2
3) strict instructions on how often soil and water are tested (What goes into the soil is reflected in our water. If our water
of section 5 of Ontario Regulation 153/04, and
Acknowledged. Will be addressed
becomes contaminated it is next to impossible to remediate)
in by-law update.
4) immediate stop if any contaminated soil is found and removal of that soil to a proper site for remediation
(b) for the purposes of subsections 5 (2) to (5), 6 (4),
5) astronomically high fines for bringing any contaminated soil into Clarington.
paragraph 7 of subsection 19 (4), section 20 and section 13 of
We are talking about peoples' lives being affected for generations if our soil and water are not kept clean
Schedule 1, a qualified person within the meaning of section 5
or 6 of Ontario Regulation 153/04; ("personne competente")
At this time soil moved in Clarington needs to originate in Clarington. If this is changed the Municipality will need to be even
Current regulations require the movement of fill be uploaded on
more diligent in monitoring where the soil is coming from. This requires enforcement that happens immediately when a concern
the registry and the Municipality will be requiring electronic
Acknowlegded. Will be addressed
3
is raised. Perhaps expanding it to originate only in Durham Region. We need to make sure soil being moved from another
tracking system.
in by-law update.
jurisdiction's dumpsite is not dumped in Clarington. This is what happened with the Morgans Road large fill site. This soil came
from Front Street in Toronto. This should never, ever happen again.
There was talk of exemptions. But no clear picture on how this would work, who qualities, what amount of soil would be
Exemptions will be fully articulated when the by-law is drafted
Acknowlegded. Will be addressed
4
allowed.
in by-law update.
At this time when a complaint is made through the online procedure there is no guarantee that some one is going to attend to
By-law complaints are investigated in priority to the risks posed
this matter immediately. How is this going to be addressed? How are complaints going to be dealt with during off hours i.e.
to safety and human health. Site alteration complaints receive
5
weekends, after 5 p.m. and late at night.
high priorty for response. If illegal filling is suspected outside of
regular hours, officers will be placed on duty to investigate and
respond.
6
Fines for illegal dumping need to extremely high as hauling fill is a very, very lucrative business and unless the fines are high,
Fine amounts are not insignificant, and it is also open to the
Acknowlegded. Will be addressed
contractors just eat the cost of the fine and carry on.
Hauling schedules and routes need to be clearly outlined and adhered to by the applicant. Also, the number of trucks per hour,
Municipality to pursue restoration of the property.
in by-law update.
These concerns will be addressed under the requirement for a
7
day, start and end times. Things like dust and noise (tailgate banging) need to be kept at a Minium.
Fill Control Plan
Acknowlegded. Will be addressed
in by-law update.
11
The trucks doing the hauling need to be road worthy and all drivers qualified. I realize this does not fall under the Municipalities
This issue is governed by the Highway Traffic Act.
jurisdiction but it cannot hurt for it to be known that Clarington will request random inspections.
The source site and destination site need to closely monitored. If fill is coming from a remediation site documentation of where
Currently required under the MECP for brownfield sites.
12
this soil was removed from in the first place and how long it had been on site for remediation before being trucked to its final
Contaminated fill must be directed to an appropriate disposal
destination.
site outside of Clarington.
Page 257
13
Tipping fees need to be consistent with neighbouring communities.
Acknowlegded. Will be addressed
in by-law update.
Grading to the plan presented with the original application must be fulfilled. Consider a reimbursable fee that is returned once
the grading is completed and inspected and signed off by a qualified inspector. This fee needs to high enough that if the
Acknowlegded. Will be addressed
14
grading has not been done as planned then Clarington can hire the necessary people to do this grading and pay for it out of
in by-law update.
these funds.
This note is with regard to the proposed revisions to Clarington's Site Alteration By -Law. In addition to the refinements being
Issues of pre -servicing are regulated within the context of land
considered we feel it is important that additional measures be incorporated which allows for the pre -servicing of development
development legislation and by-laws, and are not wthin the
sites in advance of having a final subdivision / site plan agreement. This has been common practice in many municipalities
scope of the proposed Site Alteration By-law.
which is most beneficial in servicing sites in a timely manner bringing more housing supply to the marketplace. It would be
16
understood that this option would have requirements related to securities, level of engineering approval etc., however, given
the significant amount of restrictions governing the construction period and the challenges of dealing with weather conditions
the ability to be more flexible and allow servicing to proceed sooner has far reaching positive benefits. I anticipate that this
request will be given careful consideration and I would be pleased to discuss at your convenience
17
Item 1.3 (a) — I think this wording needs to be reviewed by an environmental consultant, my understanding was that based on
This would be the responsibility of the QP to determine that the
Acknowlegded. Will be addressed
18
the new regs soil movement was to be easier and new tables were introduced to facilitate this.
Regulation is being adhered to and provide supporting
in by-law update.
documentation.
19
Item 1.9.1 — Would the municipality consider including the volume that considers a large fill operation?
Most tipping fees to not apply to development sites.
Item 5.2 (b) — would the municipality consider removing the $1 cu.m fee for large fill operations? What is the intent of this?
It is proposed that fees would increase, not decrease.
20
Appropriate exemptions are provided for large scale
development related activity.
21
22
What a surprise to learn that this bylaw, protecting our land from the contaminated soil from outside the municipality, is
The by-law requires updating to meet the current regulations
undergoing amendment. Why is this amendment even being considered? The current bylaw was fought for long and hard and
and strengthen the ability of enforcement, to require electronic
has served us well. How is this amendment even close to being consistent with a municipal approach to greener living?
tracking, and to ensure the material is coming from the source
site outlined in the permit. Saying no to this update will
I have read the various feedback articles, but I still feel the best approach is to just say NO
compromise the Municipality's ability to respond to the
challenges of illegal filling.
To this proposal
To increased truck travel on our roads,
To risking the health and safety of our citizens
To the import of contaminated material
To the noise and air pollution
To jeopardizing the health of our soil and water
Municipalities outside Clarington need to take responsibility for their own contaminated landfill.
Just say NO
23
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Attachment 2 to Report LGS-016-24
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2024-XXX
Being a by-law to regulate the placing or dumping of fill, removal of topsoil, and the
alteration of the grade of land
WHEREAS subsection 142(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Municipality of Clarington to prohibit or regulate the placing or dumping of
fill, the removal of topsoil, or the alteration of the grade of land;
AND WHEREAS subsection 142(2) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, further authorizes the Municipality of Clarington to require that a permit be
obtained for the placing or dumping of fill, the removal of topsoil, or the alteration of the
grade of land;
AND WHEREAS the Municipal Council has adopted the recommendations contained in
staff report LGS-XXX-XX;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
DEFINITIONS
1. In this By -law -
"Adversely Effect" has a meaning that includes, but is not limited to:
a) impairment of the quality of the natural environment for any use that can be
made of it;
b) injury or damage to Property or to plant or animal life;
c) harm or material discomfort to any person;
d) detriment to human health;
e) impairment of the safety of any person;
f) rendering any Property or plant or animal life unfit for human use;
g) loss of enjoyment of normal use of Property; or
h) interference with the normal conduct of business;
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Attachment 2 to Report LGS-016-24
"Aggregate" means a collective term for the mineral materials such as
sand, gravel and crushed stone that can be used with a binding
medium to form compounds such as concrete;
"Applicant" means the Owner of a Property and includes a Person authorized
in writing to act on behalf of the Owner to apply for a Permit;
"Application" means a written submission to request or amend a Permit;
"Chief Building Official" means the Chief Building Official appointed by the
Municipality under the Building Code Act, 1992;
"Compost" means a mixture of various decaying organic substances such as
dead leaves or manure;
"Condition(s)" means the mandatory performance requirements outlined in a
Permit or Order and may include the requirement for monetary deposits or
securities in connection with the Application;
"Conservation Authority" means the Central Lake Ontario Conservation Authority,
the Ganaraska Region Conservation Authority, the Kawartha Lakes Conservation
Authority, or the Otonabee Region Conservation Authority as the context
requires;
"Contamination" means any substance or material in a concentration that
exceeds the limits established under any applicable legislation;
"Deputy CAO" means the Deputy CAO of Planning and Infrastructure Services
for the Municipality, or designate, or equivalent;
"Dump" means activity that includes, but is not limited to, stripping, removing,
moving, transporting, importing, exporting or placing of any Fill or Topsoil into,
out of or upon lands within any single or adjacent properties within the
Municipality;
"Enforcement Officer" means an individual whose duties include the enforcement
of this By-law;
"Fill" means any type of material removed from or Placed on lands and includes,
but is not limited to:
a) Aggregate;
b) concrete;
c) Compost;
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Attachment 2 to Report LGS-016-24
d) Flock;
e) sod; or
f) Soil;
"Finished Grade" means the elevation of the ground surface of land upon which
Fill has been Placed or Dumped or after alteration of the Grade has occurred;
"Flock" means an aggregation of one or more naturally occurring minerals that is
2 millimetres or larger in size or that does not permeate the US No. 10 sieve;
"Grade" means the elevation of an existing ground surface, except where the
Placing or Dumping of Fill or the alteration of the then existing ground surface
has occurred in contravention of this By-law in which case Grade means the
elevation of the ground surface as it existed prior to the occurrence of such
Placing or Dumping of Fill on or alteration of the existing ground surface;
"Guidelines" means the Application, supporting documentation and Conditions
applicable to a Permit, as determined by the Deputy CAO, to be used for the
purpose of administrating this By-law;
"Inspector" means the Deputy CAO, or an Enforcement Officer;
"Large Fill Operation" means an operation that involves Placing, Dumping, or
removing more than 500 cubic metres of Fill;
"Liquid Soil" means Soil that has a slump of more than 150 millimetres
using the Test Method for the Determination of "Liquid Waste" (slump
test) set out in Schedule 9 of the Waste Management Regulation, R.R.O. 1990,
Reg. 347;
"Minor Fill Operation" means an operation that involves Placing, Dumping, or
removing less than 100 cubic metres of Fill;
"Municipality" means The Corporation of the Municipality of Clarington, or its
geographical area, as the context requires;
"Owner" means the registered owner of a Property;
"Permit" means a formal written authorization issued by the Municipality pursuant
to this By-law;
"Person" means an individual or a corporation;
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Attachment 2 to Report LGS-016-24
"Place" means the distribution of Fill on lands to establish a Finished Grade
higher or lower than the Existing Grade and "Placement", "Placing", and "Placed"
in relation to Fill have the same meaning;
"Property" means land including any building or structures appurtenant thereto;
"Proposed Grade" means the proposed elevation of the ground surface of land
upon which any Fill is proposed to be Placed;
"Qualified Person" has the same meaning as found in the Ontario Environmental
Protection Act, R.S.O. 1990, c. E.19;
"Retaining Wall" means a wall designed to contain and support Fill which has a
Finished Grade higher or lower than that of adjacent lands;
"Site Alteration" means alteration of the existing Grade of a Property through the
removal, Placement, relocation, or movement of Fill;
"Small Fill Operation" means an operation that involves Placing, Dumping or
removing between 100 and 500 cubic metres of Fill;
"Soil" means unconsolidated naturally occurring mineral particles and other
naturally occurring materials resulting from the natural breakdown of rock or
organic matter by physical, chemical or biological processes that are smaller than
2 millimetres in size or that permeate the US No. 10 sieve;
"Swale" means a shallow depression in the ground sloping to a place for disposal
for the purpose of providing a method of drainage of surface water;
"Topsoil" means those horizons in a Soil profile, commonly known as the "O" and
the "A" horizons, containing organic material and includes deposits of partially
decomposed organic matter such as peat;
"User Fee By-law" means the Clarington User Fee By-law 2023-044, as
amended, or its successor;
"Watercourse" means a natural or man-made channel or swale in which a flow
of water occurs, either continuously or intermittently with some degree of
regularity; and
"Zoning By-law" means any applicable by-law passed by the Municipality
pursuant to section 34 of the Planning Act.
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Attachment 2 to Report LGS-016-24
APPLICATION
2. This By-law applies to all Property within the geographical boundaries of the
Municipality, unless otherwise specified in this By-law.
PROHIBITIONS
3. No Person shall Place or Dump Fill or Topsoil, or cause or permit Fill or Topsoil
to be Placed or Dumped, except in accordance with a Permit issued under this
By-law.
4. No Person shall Place or Dump Fill or Topsoil, or cause or permit Fill or Topsoil
to be Placed or Dumped, if the Fill or Topsoil originates from outside the
boundaries of the Municipality, except in accordance with a Permit issued under
this By-law that expressly provides for the importation of such Fill or Topsoil.
5. No Person shall remove Soil, or cause or permit the removal of Soil, except in
accordance with a Permit issued under this By-law.
6. No Person shall make an alteration to the Grade of land, or cause or permit the
alteration to the Grade of land, except in accordance with a Permit issued under
this By-law.
7. No Person shall fail to comply with the terms and conditions of a Permit.
EXEMPTIONS
8. This By-law does not apply to:
(a) activities or matters undertaken by the Municipality or a local board of the
Municipality;
(b) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land imposed after December 31, 2002 as a condition to the approval of a
site plan, a plan of subdivision or a consent under section 41, 51, or 53
respectively, of the Planning Act or as a requirement of a site plan agreement
or a subdivision agreement executed and in good standing entered into under
those sections;
(c) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land imposed after December 31, 2002 as a condition to a development
permit authorized by regulation made under section 70.2 of the Planning Act
or as a requirement of an agreement entered into under that regulation;
(d) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken by transmitter or distributor, as those terms are defined in
Page 263
Attachment 2 to Report LGS-016-24
section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms
are defined in that section;
(e) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken on land described in a license for a pit or quarry or a
permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act;
(f) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken on land in order to lawfully establish and operate or
enlarge any pit or quarry on land,
(i) that has not been designated under the Aggregate Resources Act
or a predecessor of that Act, and
(ii) on which a pit or quarry is a permitted land use under a by-law
passed under section 34 of the Planning Act;
(g) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken as an incidental part of drain construction under the
Drainage Act or the Tile Drainage Act;
(h) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken in accordance with an order issued pursuant to the
Municipality's Property Standards By-law;
(i) the Placing or Dumping of Fill, removal of Topsoil, or alteration of the Grade
of land undertaken for the purpose of lawn dressing, landscaping, adding to
flower beds or vegetable gardens, provided that:
(i) there is no change in the location, direction, or elevation of any
natural or artificial watercourse, open channel, Swale or ditch used
to drain land; and
(ii) the functionality of any drainage infrastructure is not impeded;
9. Notwithstanding any other provision of the By-law, the Deputy CAO may, in their
sole discretion, exempt an Applicant/Owner from the requirement for a Permit if
there is a concurrent building permit application for the same Property, and if
they are satisfied that the objectives of this By-law would not be unduly
compromised;
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Attachment 2 to Report LGS-016-24
10. Notwithstanding any other provision of this By-law, the temporary storage of Fill
at business locations such as a garden center, contractors' yard, aggregate
distribution yard, or Fill storage yard, or similar facility may be exempted from the
requirement for a Permit at the sole discretion of the Deputy CAO provided the
following conditions are satisfied:
(a) the exemption is in writing from the Deputy CAO, which exemption may at
any time be revoked by the Deputy CAO, acting reasonably;
(b) there are no Adverse Effects;
(c) the business is authorized pursuant to the relevant zoning regulations;
(d) there is no permanent alteration to the existing Grade;
(e) the period of temporary storage is reasonable in relation to the business
activities;
(f) regular movement of Fill is actively occurring;
(g) Soil is not being processed on site;
(h) the Fill is not comprised of Liquid Soil;
(i) the activities comply with Ontario Regulation 406/19 On -Site and Excess Soil
Management;
Q) A site plan is provided that illustrates storage pile locations, type of material,
and volumes; and
(k) Storage piles do not exceed 4 metres in height.
11. This By-law does not apply to the removal of Topsoil as an incidental part of a
normal agricultural practice including such removal as an incidental part of sod -
farming, greenhouse operations, and nurseries for horticultural products provided
it does not include the removal of Topsoil for sale, exchange or other disposition.
DELEGATION
12. The Deputy CAO is authorized to approve all policies, procedures, forms and
other documents and to make such decisions and approvals, and to exercise
such discretion on behalf of the Municipality as necessary to administer this By-
law.
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Attachment 2 to Report LGS-016-24
PERMITS
13.An Owner, or an authorized agent for an Owner, may apply to the Municipality for
a Permit for activities that would otherwise be prohibited by this By-law by
submitting a completed Application in a form required by the Deputy CAO.
14. An Applicant for a Permit under this By-law is subject to the fees contained in the
User Fee By-law. The Deputy CAO is authorized to waive the fees if, in their sole
discretion, it is appropriate and in the public interest to do so.
15. In addition to any other requirement of this By-law, the Deputy CAO may require
an Applicant to submit with an Application, any information, or materials
reasonably required to evaluate the Application, including but not limited to:
(a) details of the Proposed Grade and drainage system to be used upon
completion of the work;
(b) a description of the proposed Fill, including its source location;
(c) geotechnical reports as to content and quality of the proposed Fill,
prepared and certified by a Qualified Person in compliance with the
requirements of Ontario Regulation 406/19 On -Site and Excess Soil
Management;
(d) a written statement from a Qualified Person certifying that the Fill contains
no Contamination;
(e) such other studies and reports as are necessary to properly assess the
application, including studies and reports required under the Clarington
Official Plan and the Oak Ridges Moraine Conservation Plan, and fees to
cover the peer review of such studies and reports;
(f) details as to the species, Grade at base, height, and diameter, of any
shrubs, trees and hedges in the vicinity of the subject Property together
with a tree preservation plan;
(g) an identification and description of any natural heritage features,
hydrologically sensitive features, or related vegetation protection zones, or
lands designated as Environmental Protection situated on the subject
Property;
(h) proof of Conservation Authority approval, if applicable;
(i) a plan showing the design details to proper scale of any Retaining Wall
that may be required and the dimensions of any materials to be used in
construction of such Retaining Wall; or
Page 266
Attachment 2 to Report LGS-016-24
Q) financial security in an amount reasonably required to ensure the Site
Alteration and all work required as a condition of Permit issuance including
erosion and sediment control, signage, mud cleanup, dust control and
road damage, is undertaken in accordance with the requirements of the
Permit.
16. In addition to any other requirement of this By-law, the Deputy CAO may require
an Applicant to submit a Fill control plan that is satisfactory to the Deputy CAO
and that shall include, but not necessarily be limited to, the following:
(a) a key map showing the location of the proposed work, including the
nearest major intersection and north arrow;
(b) the area and dimensions of the subject Property;
(c) information to confirm the existing and proposed land uses of the subject
Property, and the location and use of buildings and other structures on the
subject property or an adjacent property;
(d) the location, dimensions and use of any building and other structures
existing or proposed to be erected on the subject Property;
(e) the location of any lakes, streams, wetlands, channels, ditches, or other
watercourses or bodies of water situated on or near the subject Property;
(f) information to confirm the location of any areas regulated under the
Conservation Authorities Act;
(g) the location and identification of the predominant existing Soil types in the
vicinity of the subject Property;
(h) the location and dimensions of any existing and proposed storm water
drainage systems and natural drainage patterns in the vicinity of the
subject Property;
(i) the location and dimensions of utilities, structures, roads, highways and
paving located in the vicinity of the subject Property;
0) the existing topography in the vicinity of the subject Property;
(k) details of the Proposed Grade;
(1) the location and dimensions of all proposed land disturbance activities,
including construction of access roads;
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Attachment 2 to Report LGS-016-24
(m)the location, dimensions, design details and design calculations of all
construction site erosion control measures that may be necessary to
minimize the impact of the proposal;
(n) the anticipated starting and completion dates of each land disturbance or
land development activity;
(o) provisions for the maintenance of the construction site, erosion control,
vegetation retention or restoration, and dust control measures during and
after construction, as required;
(p) a plan of proposed external haul routes and daily schedule for hauling,
including a plan showing signage;
(q) the scale of drawing, ranging from 1:250 to 1:1000 as deemed appropriate
(each drawing control plan to be in metres);
(r) an indication on the drawing of directions of overland water flow and
overland flow route; or
(s) any information, plans or studies required by Ontario Regulation 140/02.
17. For greater clarity, the Deputy CAO shall refuse any Application in any of the
following circumstances:
(a) the Owner of the subject Property has not consented in writing to the
Placing or Dumping of Fill or to the removal of Topsoil or to alteration of
the Grade;
(b) the Placing or Dumping of Fill is in contravention of any Federal, Provincial
or Municipal laws, by-laws, notices, regulations, permits or agreements;
(c) the Placing or Dumping of Fill or alteration of the Grade will result in a
change to any Grade established by a grading and drainage plan
approved by the Deputy CAO including, without limitation, a grading and
drainage plan in relation to any subdivision, re -zoning, site plan or building
permit approval;
(d) where reasonable grounds exist to believe that the work would result in
any Adverse Effects, including any possible negative impact to Municipal
pavement, ditches, culverts, sidewalks, facilities or other infrastructure or
services; or
(e) the Fill includes demolition materials, toxic or hazardous materials, glass,
raw sewage, Contamination, or construction refuse or debris.
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Attachment 2 to Report LGS-016-24
18.An Application may be deemed abandoned and closed in the sole discretion of
the Deputy CAO, if within 90 days from the date it was submitted to the
Municipality, the Applicant has failed to provide any required information or
materials.
19.A Permit shall expire 90 days after the day on which it is issued pursuant to this
By-law, unless otherwise specified within a Permit.
20.A Permit may be renewed at any time prior to its expiry for an additional 90 day
period subject to payment of the renewal fee in accordance with the User Fee
By-law, provided that no other details of the Application are modified.
21.The Deputy CAO has the discretion to revoke a Permit in circumstances in which
they deem it to be appropriate, including but not limited to:
(a) a Permit obtained on mistaken, false or incorrect information;
(b) a Permit issued in error;
(c) a request for revocation in writing from the Applicant; or
(d) non-compliance with any terms or conditions of the Permit or of this By-
law.
22. The Deputy CAO may attach to any Permit such terms and conditions as
considered by the Deputy CAO to be necessary and appropriate.
23. Without limiting the generality of other Sections of this By-law, as a condition of
issuing a Permit, the Deputy CAO may, in their sole discretion, require an
Applicant to enter into an agreement with the Municipality to ensure that the Site
Alteration is done in accordance with the objectives of this By-law, and the
Deputy CAO is authorized to execute such agreements on behalf of the
Municipality.
ENFORCEMENT
24. Where any Person contravenes any provision of this By-law, an Enforcement
Officer may direct such Person to comply with this By-law and every Person so
directed shall comply with such direction without delay.
25. Where an Enforcement Officer has reasonable grounds to believe that an offence
has been committed by a Person, the Enforcement Officer may require the
name, address, and proof of identity of that Person, and the Person shall supply
the required information.
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Attachment 2 to Report LGS-016-24
26. If an Enforcement Officer is satisfied that a contravention of this By-law has
occurred, the Enforcement Officer may make an order requiring the person who
contravened the By-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to discontinue
the contravening activity, and any person who contravenes an order under this
section is guilty of an offence.
27. If an Enforcement Officer is satisfied that a contravention of this By-law has
occurred, the Enforcement Officer may make an order requiring the person who
contravened the By-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to do work to
correct the contravention, and any person who contravenes an order under this
section is guilty of an offence.
28.An order may be served;
(a) personally to whom it is directed;
(b) by regular mail to the last known address of the Person;
(c) by registered mail to the last known address of the Person; or
(d) by placarding the Order at the pertinent Property.
29. If an order is served personally or by way of placarding at the Property, service is
deemed to have occurred on the date of the personal service or the placarding.
30. If an order is served via regular or registered mail service is deemed to have
occurred 3 business days after the day it was sent.
31. No Person shall fail to comply with an order issued under this By-law.
32. If a Person is directed or required by the Municipality to do a matter or thing
pursuant to the authority of this By-law, in default of it being done by the Person
directed or required to do it, the matter or thing shall be done at the Person's
expense.
PRESUMPTION
33. Where any Site Alteration occurs, is undertaken, caused or permitted on any
Property, the Owner of the Property is presumed to have undertaken, caused, or
permitted the Site Alteration to occur, which presumption may be rebutted by
evidence to the contrary on a balance of probabilities.
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Attachment 2 to Report LGS-016-24
POWERS OF ENTRY
34.An Enforcement Officer, whether alone or accompanied by an individual
possessing special or expert knowledge or skills, may enter on land that is
subject to this By-law 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.
35. For the purposes of an inspection under this By-law, an Inspector 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.
36. 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;
(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.
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Attachment 2 to Report LGS-016-24
OBSTRUCTION
37. 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
38. 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.
39. 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.
40. 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.
41. If any Person is in contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision shall be
deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
42. 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
43. If any section or sections of this By-law, or parts thereof are found by any court of
competent jurisdiction to be illegal or beyond the power of the Municipal Council
to enact, such section or sections or parts thereof shall be deemed to be
severable from this By-law and all remaining sections or parts of this By-law shall
be deemed to be separate and independent therefrom and to be properly
enacted and to be of full force and effect.
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Attachment 2 to Report LGS-016-24
CONFLICT
44. In the event 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
45.The following Schedules are attached to and form an integral part of this By-law:
Schedule "A" — Set Fines
SHORT TITLE
46. This By-law may be referred to as the "Site Alteration By-law".
REPEAL
47. By-law 2008-114, as amended, is repealed on the date this By-law comes into
force and effect.
EFFECTIVE DATE
48. This By-law shall come into force and take effect on the date it is enacted.
Passed in Open Session this day of , 2024
Mayor Adrian Foster
June Gallagher
Municipal Clerk
Page 273
Attachment 2 to Report LGS-016-24
Schedule "A" — Set Fines
Page 274
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Site Alteration By-law
Attachment 2 to Report LGS-016-24
Page 1 of 1
Item
Column 1
Short Form Wording
Column 2
Provision creating or
defining Offence
Column 3
Set Fine
1
Place or Dump Fill/Topsoil not in accordance with a Permit
s. 3.
$ 500.00
2
Cause or permit Fill/Topsoil to be Placed or Dumped not in accordance with a Permit
s. 3.
$ 500.00
3
Place or Dump Fill/Topsoil originating from outside the boundaries of the Municipality not in accordance
with a Permit
s. 4.
$ 500.00
4
Cause or permit Fill/Topsoil to be Placed or Dumped originating from outside the boundaries of the
Municipality not in accordance with a Permit
s. 4.
$ 500.00
5
Remove Soil not in accordance with a Permit
s. 5.
$ 500.00
6
Cause or permit the removal of Soil not in accordance with a Permit
s. 5.
$ 500.00
7
Make alteration to the Grade of land not in accordance with a Permit
s. 6.
$ 500.00
8
Cause or permit alteration to the Grade of land not in accordance with a Permit
s. 6.
$ 500.00
9
Fail to comply with terms and conditions of a Permit
s. 7.
$ 500.00
10
Fail to comply with order
s. 31.
$ 500.00
11
Hinder or obstruct/Attempt to Hinder or obstruct Enforcement Officer/employee/agent
s. 37.
$ 500.00
"NOTE: The general penalty provision for the offences listed above is section 38 of By-law 2024-XX, a certified copy of which has been filed."
Page 275
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: PUB-007-24
Submitted By: Lee -Ann Reck, Deputy CAO, Public Services
Reviewed By:
Authored by:
File Number:
Report Subject:
Mary -Anne Dempster, CAO Resolution#:
Slav Potrykus, Traffic Engineering Supervisor
By-law Number:
Traffic and Parking Bylaw Amendment - Speed Limit Reduction in School
Zones
Recommendations:
1. That Report PUB-007-24, and any related delegations or communication items, be
received;
2. That the By-law attached to Report PUB-007-24, as attachment 1, be approved;
3. That up to $70,000 from the Municipal Capital Works Reserve Fund be used to fund
the additional signage required; and
4. That all interested parties listed in Report PUB-007-24, and any delegations be
advised of Council's decision.
Page 276
Municipality of Clarington
Report PUB-007-24
Report Overview
Page 2
At the General Government Committee meeting held on October 16, 2023, resolution #GG-
177-23 was passed, stating that speed limits in school zones throughout Clarington be
lowered to 30km/h. The purpose of this report is to seek Council approval for the selected
road sections, as included in the amending By-law attached to this report, and to approve
the use of approximately $70,000 from the Municipal Capital Works Reserve Fund for the
signage and hardware required for the project. The report also contains a minor
housekeeping item related to the references to Schedules 20 and 21 of the Traffic and
Parking By-law 2014-059, as amended.
1. Background
1.1 At the General Government Committee meeting held on October 16, 2023, Resolution
#GG-177-23 was passed stating that speed limits in school zones throughout Clarington
be lowered to 30km/h.
1.2 There are several different public and private organizations and school boards which
operate in Clarington. After conducting a review of potential school locations and
information from other municipalities, staff included all publicly recognized facilities for
the project. The following schools located on Clarington roads are included in the speed
limit reduction review:
• 23 public elementary schools
o S. T. Worden
o Courtice North
o Dr. Emily Stowe
o St. Mother Teresa
o Dr. G. J. MacGillivray
o Lydia Trull
o Good Shepherd
o Enniskillen
o Hampton Junior
o Orono
o Newcastle
o St. Francis of Assisi
o Charles Bowman
o St. Elizabeth
o Harold Longworth
o John M. James
o Vincent Massey
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Municipality of Clarington
Report PUB-007-24
o Clarington Central
o Viola Leger
o St. Joseph
o Waverley
o Dr. Ross Tilley
o Holy Family
• 5 public intermediate and high schools
o Courtice North Secondary
o Holy Trinity
o Clarington Central
o St Stephen
o Clarington Centre for Individual Studies
• 3 private schools
o Blaisdale Montessori
o Knox Christian Elementary
o Durham Christian High School
Page 3
1.3 While most of the schools are located along a road under Clarington's jurisdiction,
several schools front a regional or a provincial road. The schools listed below are
located on roads outside of Clarington's jurisdiction, and are not included in the project:
• Monsignor Leo Cleary Separate Elementary school
o Located along the regionally controlled Courtice Rd
• Bowmanville High School and Duke of Cambridge main access
o Accessed from the regionally controlled Liberty St
• The Pines Senior/Clarke High School
o Accessed from the provincially controlled Highway 35/115
2. Project Analysis
School Zones
2.1 Based on the schools selected in section 1.2, staff reviewed the existing road network
and area surrounding the schools and recommend the 40 road sections listed below be
included in the speed limit reduction. The recommendations are based on road
characteristics, surrounding environment, pedestrian and vehicle behavior, upstream,
downstream, and nearby intersection traffic control.
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Municipality of Clarington Page 4
Report PUB-007-24
Courtice (8 road sections)
• Nash Rd between Centerfield Dr and Varcoe Rd
• Nash Road between Trulls Rd and Courtice Rd
• Glenabbey Dr between Auburn Ln and Robert Adams Dr
• Meadowglade Rd between Cale Ave and Prestonvale Rd
• Sandringham Dr between Claret Rd and Strathallan Dr
• Avondale Dr between Farmington Dr and Sandringham Dr
• Farmington Dr between Avondale Dr and southern limit of Farmington Dr
• Fieldcrest Ave between Farmington Dr and Stagemaster Cr
Bowmanville (25 road sections)
• West Side Dr between Baseline Rd and Remmington St
• Green Rd between Aspen Springs Dr and 90m south of McBride Ave
• Aspen Springs Dr between Green Rd and West Side Dr
• Rhonda Blvd between Doreen Cr and Lawrence Gt
• Waverley Rd between Bowmanville Ave and Quinn Dr
• Stevens Rd between Green Rd and Clarington Blvd
• Clarington Blvd between Stevens Rd and Brookhill Blvd
• Parkway Cres between Parkway Ave and Mutton Ct
• Duke St between Albert St and Nelson St
• Ontario St between Albert St and Nelson St
• Church St between Liberty St and St. George St
• St. George St between Church St and King St
• Wellington St between Temperance St and Concession St
• Elgin St between Wellington St and Concession St
• Horsey St between Temperance St and Elgin St
• Mearns Ave between Flaxman Ave and Sprucewood Cr
• Sprucewood Cr between Mearns Ave and Guildwood Dr
• Fourth St between Prospect St and High St
• High St between Fourth St and Meadowview Blvd
• Longworth Ave between Swindells St and Mearns Ave
• Longworth Ave between Argent St and Daley Ave
• North Scugog Ct between West Scugog Ln and western limit of North Scugog Ct
• West Scugog Ln between North Scugog Ct and Scugog St
• Scugog St between west Scugog Ln and Bons Ave
• Bons Ave between Scugog St and Honeyman Dr
Hampton (2 road sections)
• King Ln between Taunton Rd and Millstream Ln
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Municipality of Clarington Page 5
Report PUB-007-24
• Ormiston St between Old Scugog Rd and eastern limit of Ormiston St
Enniskillen (1 road section)
• Old Scugog Rd between Regional Road 3 and Salter Ct
Orono (1 road section)
• Church St between Centreview St and northern limit of Church St
Newcastle (3 road sections)
• Rudell Rd between Edward St and Hart Blvd
• Glass Ct between Edward St and southern limit of Glass Ct
• Beaver St between Edward St and southern limit Beaver St
Signage
2.2 As per the Ontario Highway Traffic Act regulations requiring a local municipality to adopt
a by-law for the speed limits to be enforceable, corresponding regulatory signage will
need to be installed. As per the Act regulations and the Ontario Traffic Manual
guidelines and specifications, the proposed project will require several new signs along
each proposed road section. In many cases, existing posts or utility poles do not meet
current location criteria, and new posts will also need to be installed. Based on the
locations selected, and the corresponding sign requirements, staff have estimated the
following signage and hardware needs:
• 376 new signs
o 30 AHEAD
0 30 BEGINS
0 30 (confirmation signs)
0 30 ENDS
o School Area signs
o Oversize School Area signs
• 231 post or pole locations
o Locates will be required for all new posts.
o Some locations offer the use of existing posts or poles.
o Some locations will require relocations of existing signage.
2.3 Using current average pricing, staff have estimated the costs of the signage and the
installation hardware to be as follows:
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Municipality of Clarington Page 6
Report PUB-007-24
• Signage: $35,000
• Hardware: $35,000
• Total signage and hardware cost: $70,000
Installation
2.4 Given that the project is directly tied to the daily operation of schools, staff propose that
it be completed over the summer break, with all 30km/h school areas installed by the
start of the 2024-2025 school year. Preparation work, including obtaining utility locates,
signs, and installation hardware, is planned to start immediately after obtaining Council
approval for the amending By-law and a source of funding.
2.5 Due to the impact of the speed limit reduction on traffic, Public Works staff will work with
the Communications team to create an awareness campaign targeted towards the
public and school boards. This process will begin as soon as Council approval of the
report and the amending By-law is confirmed.
2.6 Installation of signage will be completed in-house using Public Works staff and
equipment. Staff have already started project planning, including securing equipment
and staff to complete installs, considering vacation schedules.
2.7 It is estimated that the project will require a team of four Public Works staff and relevant
equipment to complete the signage installations.
2.8 The staff and the equipment cost estimate adds to a total of $103,000 of cost avoidance
by outsourcing to an external contractor.
3. Additional Changes to Traffic and Parking By-law 2014-059
3.1 Due to an error found in the existing Traffic and Parking By-law 2014-059 as amended,
staff are requesting Council to approve the following corrections:
• Replace Section 56:
"The highways or portions thereof set out in Column 1 of Schedule 20 between the
limits set out in Column 2 of Schedule 20 and during the times set out in Column 3 of
Schedule 20 are designated as community safety zones."
with the following:
"The highways or portions thereof set out in Column 1 of Schedule 21 between the
limits set out in Column 2 of Schedule 21 and during the times set out in Column 3 of
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Municipality of Clarington
Report PUB-007-24
Page 7
Schedule 21 and during the days and months set out in column 4 of Schedule 21,
are designated as community safety zones."
• Replace Section 57 (2):
"The highways set out in Column 1 of Schedule 21, between the limits set out in
Column 2 of Schedule 21, on the side set out in Column 3 of Schedule 21 and during
the times or days set out in Column 4 of Schedule 21 are designated as municipal
safety zones."
with the following:
"The highways set out in Column 1 of Schedule 20, between the limits set out in
Column 2 of Schedule 20, on the side set out in Column 3 of Schedule 20 and during
the times or days set out in Column 4 of Schedule 20 are designated as municipal
safety zones."
4. Financial Considerations
School Speed Zones
4.1 The estimated cost of the purchase of signage and hardware necessary to complete the
project amounts to approximately $70,000. There is no provision in the current Traffic
Signs budget for an expense of this proportion. There are no other direct external costs
anticipated with this project.
4.2 To fund the necessary signage expenses, a withdrawal of $70,000 is recommended
from the Municipal Capital Works Reserve Fund.
4.3 There are no budget implications associated with the additional changes noted in
Section 3.
5. Strategic Plan
This report coincides with the section C.2 - Residents are safe and healthy — of the
Strategic Plan.
6. Concurrence
This report was reviewed by the Deputy CAO, Finance and Technology/Treasurer and
the Deputy CAO, Legislative Services who concur with the recommendations.
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Municipality of Clarington
Report PUB-007-24
7. Conclusion
Page 8
It is respectfully recommended that Council approve the proposed school zones with
30km/h speed limits, and that Council approve the use of approximately $70,000 from
the Municipal Capital Works Reserve Fund required for the completion of the project. It
is also respectfully requested that Council approve the proposed additional change to
the Traffic and Parking By-law 2014-059 as outlined in Section 3.
Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 or
spotrykus@clarington.net.
Attachments:
Attachment 1 — Amending By-law to the Traffic and Parking By-law 2014-059
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 283
Attachment 1 to Report PUB-007-24
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-XXX
Being a by-law to amend the Traffic and Parking By-law 2014-059, as amended.
WHEREAS Subsection 128(2) of the Ontario Highway Traffic Act, R.S.O. 1990, Chapter
H.B, as amended, provides that the council of a municipality may by by-law prescribe a
rate of speed for motor vehicles driven on a highway or portion of a highway under its
jurisdiction;
AND WHEREAS By-law 2014-059 was enacted by Clarington to regulate traffic and
parking on highways, private property and municipal property;
Now therefore the Council of the Municipality of Clarington enacts as follows:
By-law 2014-059, as amended, is further amended by deleting from Section 5,
the references to "Schedule 20 — Community Safety Zones" and "Schedule 21 —
Municipal Safety Zones" and replacing them with references to "Schedule 20 —
Municipal Safety Zones" and "Schedule 21 — Community Safety Zones",
respectively.
2. By-law 2014-059, as amended, is further amended by deleting Schedule 12 of
the By-law and replacing it with Schedule "A" to this By-law.
3. By-law 2014-059, as amended, is further amended by deleting section 56 and
replacing it with the following:
56. The highways or portions thereof set out in Column 1 of Schedule 21
between the limits set out in Column 2 of Schedule 21 and during the times set
out in Column 3 of Schedule 21 and during the days and months set out in
column 4 of Schedule 21, are designated as community safety zones.
4. By-law 2014-059, as amended, is further amended by deleting subsection 57(2)
and replacing it with the following:
57.(2) The highways set out in Column 1 of Schedule 20, between the limits set
out in Column 2 of Schedule 20, on the side set out in Column 3 of Schedule 20
and during the times or days set out in Column 4 of Schedule 20 are designated
as municipal safety zones.
Page 284
5. The following Schedules are attached to and form an integral part of this By-law:
Schedule "A" — Schedule # 12 — Maximum Rate of Speed on a Highway
Passed in Open Council this XX day of MMMM, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page 285
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Acres Road
Column 2
From
Concession Road 6
Column 3
To
Durham Region Road 4
Column 4
Posted
SpeedColumn
70 km/h
Arthur Street
Concession Road 3
1400 m southerly
70 km/h
Aspen Springs Drive
Green Road
West Side Drive
30 km/h
Avondale Drive
Farmington Drive
Sandringham Drive
30 km/h
Baseline Road
Durham Region Road 34
Solina Road
60 km/h
Baseline Road
Prestonvale Road
Durham Region Road 34
60 km/h
Baseline Road
Solina Road
300 m east of Maple Grove
Road
70 km/h
Beaver Street
Edward Street
southern limit of Beaver Street
30 km/h
Bellamy Road
Concession Road 1
1300 m southerly
60 km/h
Bellwood Drive
Concession Road 3
900 m southerly
60 km/h
Bennett Road
Durham Highway 2
King's Highway 401
70 km/h
Best Road
Skelding Road
Durham Region Road 4
60 km/h
Bethesda Road
Concession Road 6
Mearns Avenue
60 km/h
Bethesda Road
Concession Road 8
Concession Road 6
70 km/h
Bloor St.
Durham Region Road 34
Maple Grove Road
70 km/h
Bons Avenue
Scugog Street
Honeyman Drive
30 km/h
Bragg Road
Concession Road 4
1200 m south of Concession
Road 3
60 km/h
Page 286
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Bragg Road
Column 2
From
Concession Street East
Column 3
To
Durham Highway 2
Column 4
Posted
SpeedColumn
70 km/h
Brown Road
Concession Road 8
Concession Road 7
70 km/h
Carscadden Road
Concession Road 8
Durham Region Road 9
60 km/h
Cedar Crest Beach Road
Cove Road
Watson Crescent
40 km/h
Cedar Park Road
700 m South of Concession
Road 6
Concession Road 6
60 km/h
Church Street
Centreview Street
northern limit of Church Street
30 km/h
Church Street
Liberty Street
St. George Street
30 km/h
Clarington Boulevard
Stevens Road
Brookhill Boulevard
30 km/h
Clemens Road
700 m South of Concession
Road 7
Concession Road 6
70 km/h
Concession Street East
300 m east of Lambs Road
Durham Region Road 42
70 km/h
Concession Road 1
Stephenson Road
East Townline Road
70 km/h
Concession Road 10
Durham Region Road 20
Mosport Road
70 km/h
Concession Road 10
Durham Region Road 57
450 m east of Grasshopper
Park Road
70 km/h
Concession Road 10
Enfield Road
Holt Road
70 km/h
Concession Road 3
Durham Region Road 14
Providence Road
60 km/h
Concession Road 3
Durham Region Road 18
East Townline Road
70 km/h
Page 287
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Concession Road 3
Column 2
From
Durham Region Road 42
Column 3
To
King's Highway 35/115
Column 4
Posted
SpeedColumn
60 km/h
Concession Road 3
King's Highway 35/115
Morgans Road
70 km/h
Concession Road 3
Providence Road
Durham Region Road 42
70 km/h
Concession Road 4
600 m West of Bragg Road
Durham Region Road 42
60 km/h
Concession Road 4
Durham Region Road 14
Bethesda Road
60 km/h
Concession Road 4
Durham Region Road 42
Pollard Rd
70 km/h
Concession Road 4
King's Highway 35/115
East Townline Road
70 km/h
Concession Road 4
Pollard Road
King's Highway 35/115
60 km/h
Concession Road 5
200 m east of Walsh Road
Reid Road
70 km/h
Concession Road 5
Durham Region Road 18
East Townline Road
70 km/h
Concession Road 5
Durham Region Road 42
Ochonski Road
70 km/h
Concession Road 5
Station Street
Jewel Road
60 km/h
Concession Road 6
Durham Region Road 18
Gilmore Road
60 km/h
Concession Road 6
Durham Region Road 57
Darlington -Clarke Townline
Road
70 km/h
Concession Road 6
King's Highway 35/115
Durham Region Road 18
70 km/h
Concession Road 6
Rundle Road
Durham Region Road 57
70 km/h
Concession Road 6
Townline Road North
Werry Road
70 km/h
Concession Road 7
Darlington -Clarke Townline
700 m west of King's Highway
60 km/h
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Column 2
From
Road
Column 3
To
35/115
Column 4
Posted
SpeedColumn
Concession Road 7
Durham Region Road 34
Middle Road
70 km/h
Concession Road 7
Townline Road North
Durham Region Road 34
60 km/h
Concession Road 8
400 m west of Best Road
King's Highway 35/115
60 km/h
Concession Road 8
Durham Region Road 57
Lettner Road
70 km/h
Concession Road 8
King's Highway 35/115
Carscadden Road
60 km/h
Concession Road 8
Middle Road
Darlington -Clarke Townline
Road
70 km/h
Concession Road 8
White Road
The Dell Road
60 km/h
Concession Road 9
Townline Road North
250 m west of Enfield Road
60 km/h
Concession Road 9
Wotten Road
Durham Region Road 57
60 km/h
Cooney Road
Concession Road 8
Concession Road 7
70 km/h
Cove Road
Cedar Crest Beach Road
West Beach Road
40 km/h
Darlington Boulevard
South limit of Durham Highway
2
South limit of Darlington
Boulevard
40 km/h
Darlington -Clarke Townline Road
Concession Road 6 (Darlington)
Durham Region Road 4
70 km/h
Duke Street
Albert Street
Nelson Street
30 km/h
Elgin Street
Wellington Street
Concession Street
30 km/h
Energy Drive
Holt Road
Martin Road
60 km/h
Page 289
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
Column 1
Column 2
Column 3
Column 4
Posted
Highway
From
To
AL
Speed
Energy Drive
Megawatt Drive
Holt Road
60 km/h
Enfield Road
300 m south of Concession
Durham Region Road 3
70 km/h
Road 9
Enfield Road
Concession Road 10
250 m north of Concession
70 km/h
Road 9
Farmington Drive
Avondale Drive
southern limit of Farmington
30km/h
Drive
Fieldcrest Avenue
Farmington Drive
Stagemaster Crescent
30 km/h
Fourth Street
Prospect Street
High Street
30 km/h
Gamsby Road
Concession Road 6
Concession Road 5
70 km/h
Gibson Road
1000 m north of Concession
Concession Road 3
60 km/h
Road 3
Gilmore Road
Concession Road 6
Concession Road 3
60 km/h
Glass Court
Edward Street
southern limit of Glass Court
30 km/h
Glenabbey Drive
Auburn Lane
Robert Adams Drive
30km/h
Golf Course Road
Concession Road 4
Durham Highway 2
60 km/h
Granville Drive
Yorkville Drive
Meadowglade Road
40 km/h
Green Road
Aspen Springs Drive
90m south of McBride Avenue
30 km/h
Green Road
Durham Region Road 4
1000 m North of Durham
70 km/h
Highway 2
Page 290
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Hancock Road
Column 2
From
Durham Highway 2
Column 3
To
4t
Bloor Street
Column 4
Posted
SpeedColumn
60 km/h
High Street
Fourth Street
Meadowview Boulevard
30 km/h
Holt Road
Concession Road 7
Concession Road 6
70 km/h
Holt Road
Durham Region Road 4
Nash Road
70 km/h
Holt Road
Nash Road
South limit of Holt Road
60 km/h
Horsey Street
Temperance Street
Elgin Steet
30 km/h
Jewel Road
Durham Region Road 9
Concession Road 6
70 km/h
King Lane
Regional Road 4
Millstream Lane
30 km/h
Lakeshore Road
400 m West of Newtonville
Road
Lancaster Road
60 km/h
Lakeshore Road
650 m West of Nichols Road
East Townline Road
60 km/h
Lakeshore Road
Stephenson Road
West limit of #4351 Lakeshore
Road
60 km/h
Lambs Road
1000 m south of Concession
Road 4
Durham Hwy 2
60 km/h
Langmaid Road
500 m south of Durham Region
Road 3
Concession Road 6
70 km/h
Langmaid Road
Concession Road 6
Durham Region Road 4
60 km/h
Langstaff Road
McMillan Road
Thertell Road
60 km/h
Langstaff Road
Thertell Road
Durham Region Road 9
70 km/h
Page 291
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Column 2
Column 3
Column 4
Posted
Highway
From
To
SpeedColumn
Lawrence Road
Concession Road 6
Concession Road 4
70 km/h
Leask Road
1000 m south of Concession
Concession Road 6
60 km/h
Road 7
Leskard Road
650 m north of Concession
Durham Region Road 4
60 km/h
Road 7
Liberty Street North
700 m south of Concession Rd
Durham Region Road 4
70 km/h
7
Liberty Street North
Concession Road 8
700 m north of Concession
60 km/h
Road 7
Liberty Street North
Durham Region Road 20
Concession Road 8
60 km/h
Lockhart Road
Concession Road 4
Concession Road 3
60 km/h
Long Sault Road
2400 m north of Durham Region
Durham Region Road 20
60 km/h
Road 20
Longworth Avenue
Argent Street
Daley Avenue
30 km/h
Longworth Avenue
Swindells Street
Mearns Avenue
30 km/h
Maple Grove Road
1000 m north of Nash Road
150 m south of Bloor Street
60 km/h
Maple Grove Road
150 m south of Bloor Street
Baseline Road
70 km/h
Meadowglade Road
Cale Avenue
Prestonvale Road
30 km/h
Mearns Avenue
Bethesda Road
Concession Road 4
60 km/h
Mearns Avenue
Flaxman Avenue
Sprucewood Crescent
30 km/h
Page 292
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Megawatt Drive
Column 2
From
Courtice Road
Column 3
To
iL
Energy Drive
Column 4
Posted
SpeedColumn
60 km/h
Mercer Road
Thertell Road
Durham Region Road 9
60 km/h
Middle Road
Concession Road 4
900 m north of Concession
Road 3
60 km/h
Middle Road
Concession Road 6
Durham Region Road 4
60 km/h
Middle Road
Durham Region Road 20
Concession Road 6
70 km/h
Middle Road
Durham Region Road 4
Concession Road 4
70 km/h
Mill Street in combination with
Boulton Street and Lakeshore
Street
150 m east of Boulton Street
200 m north of Metcalfe Street
40 km/h
Moffat Road
Concession Road 4
Concession Road 3
70 km/h
Morgans Road
Concession Road 4
Lakeshore Road
70 km/h
Mosport Road
Durham Region Road 20
Concession Road 8
70 km/h
Nash Road
400 m west of Holt Road
Green Road
60 km/h
Nash Road
Centerfield Drive
Varcoe Road
30 km/h
Nash Road
Rundle Road
Solina Road
60 km/h
Nash Road
Trulls Road
Durham Region Road 34
30 km/h
Newtonville Road
King's Hwy 401
Lakeshore Road
70 km/h
North Scugog Court
West Scugog Lane
western limit of North Scugog
Court
30 km/h
Page 293
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Column 2
Column 3
Column 4
Posted
Highway
From
To
SpeedColumn
Ochonski Road
Durham Region Road 4
Concession Road 5
60 km/h
Old Scugog Road
150 m south of Concession
800 m south of Concession
70 km/h
Road 10
Road 9
Old Scugog Road
500 m south of Durham Region
Concession Road 4
60 km/h
Road 4
Old Scugog Road
590 m south of Durham Region
280 m north of Concession
70 km/h
Road 3
Road 6
Old Scugog Road
Regional Road 3
Salter Court
30 km/h
Ontario Street
Albert Street
Nelson Street
30 km/h
Ormiston Street
Old Scugog Road
eastern limit of Ormiston Street
30 km/h
Parkway Crescent
Parkway Avenue
Mutton Court
30 km/h
Pebblestone Road
Durham Region Road 55
Durham Region Road 34
60 km/h
Pollard Road
Concession Road 4
Concession Road 3
60 km/h
Prestonvale Road
400 m south of Southfield
Baseline Road
60 km/h
Avenue
Reid Road
1500 m north of Hill Street
Hill Street
60 km/h
Reid Road
Concession Road 5
1700 m south of Concession
60 km/h
Road 4
Rhonda Boulevard
Doreen Crescent
Lawrence Gate
30 km/h
Riley Road
Concession Road 1
Lakeshore Road
60 km/h
Page 294
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Rudell Road
Column 2
From
Edward Street
Column 3
To
Hart Boulevard
Column 4
Posted
SpeedColumn
30 km/h
Rundle Road
620 m north of Nash Road
Nash Road
60 km/h
Rundle Road
Concession Road 6
620 m north of Nash Road
70 km/h
Rundle Road
Durham Highway 2
Bloor Street
60 km/h
Sandringham Drive
Claret Road
Strathallan Drive
30 km/h
Scugog Street
West Scugog Lane
Bons Avenue
30 km/h
Shiloh Road
Durham Region Road 9
Concession Road 5
70 km/h
Solina Road
1100 m north of Nash Road
400 m south of Durham
Highway 2
60 km/h
Solina Road
350 m south of Hockaday Court
1100 m north of Nash Road
70 km/h
Solina Road
Durham Region Road 3
150 m north of Dorset Road
70 km/h
Sprucewood Crescent
Mearns Avenue
Guildwood Drive
30 km/h
Squair Road
Concession Road 5
Concession Road 4
60 km/h
Stapleton Road
600 m south of Concession
Road 3
Durham Highway 2
60 km/h
Stapleton Road
Concession Road 4
200 m north of Concession
Road 3
60 km/h
Stephenson Road
Concession Road 1
900 m Southerly
60 km/h
Stevens Road
Green Road
Clarington Boulevard
30 km/h
Page 295
Schedule "A"
Schedule # 12 — Maximum Rate of Speed on a Highway
1
Highway
Stewart Road
Column 2
From
Concession Road 4
Column 3
To
Concession Road 3
Column 4
Posted
SpeedColumn
60 km/h
St. George Street
Church Street
King Street
30 km/h
The Dell Road
Thertell Road
Thompson Road
60 km/h
Thertell Road
The Dell Road
Cold Springs Camp Road
60 km/h
Thompson Road
Concession Road 8
Durham Region Road 9
60 km/h
Trulls Road
850 m south of Firner Street
200 m north of Daisyfield
Avenue
60 km/h
Vickers Road
Concession Road 6
Concession Road 5
70 km/h
Walsh Road
Concession Road 5
Concession Road 4
60 km/h
Waverley Road
Bowmanville Avenue
Quinn Drive
30 km/h
Wellington Street
Temperance Street
Concession Street
30 km/h
West Beach Road
North limit of #130 West Beach
Road
South limit of Cove Road
40 km/h
West Beach Road
South limit of Cove Road
East limit of West Beach Road
20 km/h
West Scugog Lane
North Scugog Court
Scugog Street
30 km/h
West Side Drive
Baseline Road
Remmington Street
30 km/h
White Road
Concession Road 8
Durham Region Road 9
60 km/h
Woodley Road
Durham Region Road 20
Concession Road 8
70 km/h
Page 296
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024
Submitted By: Mary -Anne Dempster, CAO
File Number:
Report Number: CAO-002-24
Resolution#:
By-law Number:
Report Subject: The Perfect Storm - Impact of Provincial Changes on our Community
Recommendations:
1. That Report CAO-002-24, and any related delegations or communication items, be
received;
2. That Council request the Province stop using CMHC data to validate housing starts,
but as a starting point, and allow Municipalities to identify any inconsistencies with
tangible evidence prior to making a funding decision;
3. That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of
those completed) to understand the full impact of the legislative changes on each, in
particular parkland and DC revenues, and report back to Council prior to any further
approvals (inclusive of development application approvals);
4. That a communications campaign be undertaken to explain the impact of the
changes that are beyond our control, and how they will impact our community — both
now and into the future;
5. That this report be forwarded to all Ontario municipalities with housing targets, the
Province of Ontario, and the Members of Provincial Parliament representing
Clarington; and
6. That all interested parties listed in Report CAO-002-24, and any delegations be
advised of Council's decision.
Page 297
Municipality of Clarington Page 2
Report CAO-002-24
Report Overview
The report expresses significant concerns about the negative impacts of provincial legislative
changes on Clarington's ability to grow responsibly and the impact on the community's
quality of life. It emphasizes that these changes may undermine the Municipality's efforts to
create resilient and sustainable communities, particularly due to lost development charge
revenues and a push by developers to reduce parkland dedication.
The reduction of parkland dedication rates by half, as mandated by Bill 23, threatens the loss
of a minimum of 23 hectares of vital community parkland. This necessitates a reassessment
of the Fiscal Impact Analyses for those Secondary Plans completed based on the
requirements prior to Bill 23 to fully grasp the implications of these changes and guide future
council decisions. Changes to secondary plans are substantial and a re -start may be
warranted to ensure that the public is informed of the changes and staff have an opportunity
to reassess park locations and sizes, which will also cause more required discussion with
the landowners.
Despite meeting our housing target, as set by the province, the government is unwilling to
intervene in our dispute with CMHC, a calculation error on their part, that has not only made
the community ineligible for 2023 funding — but will impact eligibility for remaining years of
the program.
Lastly, there is no evidence to support the current approach as a tool to improve affordability.
Instead, it arguably diverts funds from community development to the developers.
Given these factors, a consultant will be engaged to fully assess the impact, meetings with
landowners will be conducted and a new recommended schedule for both secondary plans
and site -specific applications may be required. This will further impact our ability to meet the
housing pledge.
1. Background
1.1 Housing affordability has become one of the most pressing and challenging issues
impacting communities of all sizes across Ontario. To address the supply side of the
equation, the Government of Ontario committed to building 1.5 million new homes by
2031.
1.2 To date, several major legislative changes have been taken by the Province to combat
the housing crisis and move forward with implementing recommendations from
the Ontario Housina Affordabilitv Task Force Resort.
1.3 At a high-level, changes have included reducing or eliminating the requirement of
development charges for certain development types and reducing parkland dedication
Page 298
Municipality of Clarington
Report CAO-002-24
Page 3
requirements. The following Bills have had the most impact on Clarington's ability to
collect the funds required to responsibly build our community:
Bill 108, the More Homes, More Choice Act, 2019 (Bill 108), enacted on September
3, 2019. Bill 108, in part amended the Planning Act to require municipalities to
increase permissions for ADUs. Bill 108 further amended the Development Charges
Act to remove the requirement for Additional Dwelling Units (ADUs) to pay
development charges and defer development charges for eligible affordable and
purpose-built rental developments.
• Bill 23, the More Homes Built Faster Act, 2022 (Bill 23), enacted on November 28,
2022. Bill 23 decreased Parkland and Cash -in -Lieu (CIL) by half with a cap
imposed that will impact some developments by more than half. Further, Bill 23
reduced the amount of development charges municipalities can collect for
commercial and industrial projects to pay for these essential services.
1.4 These legislative changes continue to impact Clarington' s powers under the Planning
Act, and the Development Charges Act and will have extensive negative impacts on
Clarington's ability to grow responsibly, a central theme in our 2024-2027 Council
approved strategic plan.
2. Financial Impact of Provincial Changes
2.1 Due to Bill 108, on December 13, 2021, Clarington Council adopted amendments to
increase permissions, since then 209 ADU permits have been issued. This has resulted
in a loss of approximately $4.5 million dollars in development charges.
2.2 Due to Bill 23, Watson Economists Ltd. was retained in 2022 to provide the estimated
financial impact to the Municipality (see Attachment 1). The estimated impact on our
ability to collect development charges due to Bill 23 is approximately $74.3 million over
a 10-year period (2020 dollars). This analysis did not include ADUs — the impact of
which is above.
2.3 Bill 23 also introduced a maximum parkland/cash-in-lieu cap for residential development
which results in a parkland dedication reduction, dependant on density, of a minimum of
50 percent. The reduced alternative parkland dedication rates have now been in force
for over a year (since November 28, 2022). Further, ADUs are not required to provide
parkland dedication. The impacts are becoming clearer as development applications are
processed under the new, reduced rates.
2.4 Figure 1 below illustrates three real examples of the approximate difference in CIL of
Parkland revenue for developments subject to the new rates, relative to the alternative
parkland dedication rates in place prior to Bill 23. The loss on these three alone was
Page 299
Municipality of Clarington
Report CAO-002-24
Page 4
over $6 million. A full analysis of the impact, similar to the work undertaken by Watson
Economists Ltd. for Bill 23 is required to fully validate the impact. Despite that, simple
mathematics indicates that the impact will be massive and unaffordable.
2.5 Parks and open green space were indicated recently as the number one priority from
respondents to the Parks Recreation and Culture Master Plan survey. To maintain the
current standard, as set by Council, costs would have to be shifted from the developer
to the municipal taxpayer which would enrich developers and impair the Municipality's
ability to acquire sufficient parkland.
Page 300
Municipality of Clarington
Report CAO-002-24
Before Bill 23
0
After Bill 23
G
Revenue Loss
C6
Developers pay about developers pay about Clarington gets about
344.000 for value of $192.000 for value of $150,000 less from
park land park land developers
3-vmry towrrhn=e
bk cir (43 wits)
® Developers pay about Developers pay about Clarington gets about
SI A80.000 for value S440,000 for value of $1.000,00 less from
of park land park land developers
14-aUorag nod
um, townho r
(184 urdta)
Developers pay about Developers pay about Clarington gets about
S5,7d0,000 for value $830,000 for value of 54,900,000 less from
of park land park land developers
12-storay apartment,
building, 4-store+ stacked
tovmhousas (551 units)
Page 5
Impact if passed on to residents in 2024
E/O� CTAX
Would equate to about
Would equate to a 3,13 mare in property
0.1 % tax levy increase, taxes per household,
for each development on average. for each
development
Would equate to about
Would equate to a S2p 55 more in property
0.4% tax levy increase, taxes per household,
for each development on average, for each
development
Would equate to about
Would equate to a 09,60 more in property
2.2% tax levy increase, taxes per household,
for each development on average, for each
development
Figure 1: Impacts of Bill 23 on Cash -in -Lieu of Parkland
Page 301
Municipality of Clarington Page 6
Report CAO-002-24
3. Clarington's Response to Provincial Changes
Housing Pledge
3.1 On October 25, 2022, the Minister of Municipal Affairs and Housing (MMAH), issued a
Minister's Order for a Housing Pledge to meet the Provincial Government's target of
providing 1.5 million new homes in the next decade (Province ERO bulletin No. 019-
6171). Clarington was assigned 13,000 new units as a target. On February 27, 2023,
Council endorsed Clarington's Housing Pledge to the Province our commitment to
address the housing crisis (see Attachment 2).
Building Faster Fund (BFF)
3.2 On August 21, 2023, Premier Ford announced the new BFF, a three-year program to
help municipalities that meet or exceed their agreed upon annual housing targets. The
BFF is intended to provide up to $400 million over the three -years in financial support
for municipalities that can be directed toward housing -enabling infrastructure and
related costs that support community growth. Municipal performance against the target
is tied to Canadian Mortgage and Housing Corporation (CMHC) data, acting as the
validation tool.
3.3 Staff worked diligently to meet the target, despite being unable to control when a
developer decides to pull a permit. On December 18, 2023, in staff report PDS-069-23
to Council, staff confirmed, and certified by our Chief Building Official, the target had
been met, which made Clarington eligible for approximately $4 million in funding
through the BFF.
3.4 In an attempt to ensure that the eligible funds were allocated to the appropriate
shortfalls, Council passed the following Resolution #C-174-23 that;
That any funds allocated to the Municipality of Clarington for meeting the 2023 Housing
Targets be directed to the Municipality's Capital Works reserve for Infrastructure and
Parks needs identified in the Recreation Parks and Culture Master Plan.
3.5 In a February 14, 2024, letter to Mayor Adrian Foster, the Minister of Municipal Affairs
and Housing (MMAH) stated that Clarington has not met the eligibility criteria for the
BFF in 2023 and will not be receiving funding (See Attachment 3).
3.6 On February 23, 2024, Mayor Adrian Foster sent a response to the Minister including an
attachment with data clearly demonstrating each of the housing unit starts (See
Attachments 4 and 5).
Page 302
Municipality of Clarington
Report CAO-002-24
Advocating for Fairness
Page 7
3.7 On March 7, 2024, Clarington staff met with CMHC staff to discuss the discrepancy and
hopefully address it at a staff level.
3.8 For background, the data used by CMHC to validate housing starts comes from it's
Starts and Completions Survey. The survey is conducted through a drive by survey.
These visits are used to confirm that new residential units have reached set stages in
the construction process.
3.9 A " Start" is defined as the beginning of construction work on a building. This is usually
when the concrete has been poured for the whole of the footing around the structure or
an equivalent stage where a basement will not be part of the structure. CMHC has
indicated a "start" does not include work underground, inclusive of work on underground
parking garage areas.
51 and 55 Clarington Boulevard — 440 Units Miscounted
3.10 As an example of the discrepancy, the province's letter listed only 250 housing starts in
2023 (this excludes conversions and long-term care units). This is clearly inaccurate,
given that two multi -story buildings in Bowmanville, totalling 440 units, were "started"
and inspected by our Chief Building Official in 2023.
3.11 As seen in Attachment 6, the full permits were issued and reported in our August 2023
Monthly Report on Building Permit Activity, sent to CMHC on September 8, 2023. Prior
to the date of the footing inspections by Clarington Staff, the work on both buildings
would have been underground, and not considered a "start" by CMHCs definitions. It is
clear to the Municipality that there is inconsistency and inaccuracy in when CMHC
enumerators are considering units "started" within the Municipality.
55 Clarington Boulevard
3.12 55 Clarington Boulevard is the first example where the 133-unit building was counted as
"started" in November 2022. The aerial imagery seen in Figure 2 of the site from April
2023 shows the work on site was still underground, not eligible for a "start" as defined
by CMHC. Based on the definitions provided by CMHC, it is not possible that the
building located at 55 Clarington Boulevard would have been considered a start in
November 2022.
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Report CAO-002-24
y
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Figure 2: Drone Imagery from April 2023 of 55 Clarington Boulevard
(Construction on Underground Parking)
51 Clarington Boulevard
3.13 51 Clarington Boulevard is the second example where enumerator inaccurately counted
unit "starts" in Clarington. The 307-unit building was counted as "started" in January
2024. The imagery seen in Figure 3 shows the site in July 2023, as an active
construction site with three cranes on site and the building above ground over the
perimeter construction fencing. Based on CMHC definitions, in July 2023, the building
located at 51 Clarington Boulevard would have been considered "started" however was
not until several months later.
3.14 By CMHC's definition, Staff are confident that Clarington met its 2023 target, as the
building permits were issued and the first inspection were completed, as certified by the
Chief Building Official.
3.15 In a March 27, 2024, letter to Mayor Adrian Foster, the MMAH reiterated that Clarington
had not met the eligibility criteria in 2023 and will not be receiving funding after receiving
evidence to the contrary. Despite a request for a meeting with the local Members of
Provincial Parliament and/or Minister Calandra on the issue, no meeting has been
granted (See Attachment 7).
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Municipality of Clarington
Report CAO-002-24
Figure 3: Image from July 2023 of 51 and 55 Clarington Boulevard
(Construction above ground and active construction site)
Page 9
3.16 The province had made commitments to make Municipalities "whole" as part of Bill 23,
however, the denial of funding for a fast-growing municipality like ours reflects the
Provincial path of shifting costs from the developers to the taxpayers. This forces
Clarington to take a closer look at the fiscal impacts of development under Bill 23 on our
community's quality of life. For the next 10 years and beyond, a significant amount of
our development growth will take place in Secondary Plan Areas.
4. Steps to Responsibly Navigate the Storm
Secondary Plan Program
4.1 Clarington, in collaboration with development community, initiated a significant
Secondary Plan program in 2017 — with 12 secondary plans included, to help shape the
future of our community. This bold program has led to Council adopting four Secondary
Plans, with eight others in various stages of progress. All of these plans involve
extensive community engagement events, gathering valuable feedback.
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Page 10
4.2 As outlined PDS-011-24 (within the Background and Existing Conditions Summary
Report, related to the Parks, Recreation, and Culture Master Plan (PRCMP)), there are
approximately 46 hectares of anticipated parkland planned within these Secondary Plan
areas.
4.3 Part of the community engagement related to the ongoing PRCMP included a
municipal -wide Community Survey that garnered over 3,200 responses. Notably,
parkland and open spaces ranked as the most important item to survey respondents.
Parkland Negotiations
4.4 Throughout the process, Planning and Infrastructure Services staff have worked closely
with the landowners' groups and the public to ensure that community engagement was
a central part of shaping how our community will grow. One of the key elements of
engagement has always been the location, sizing and potential facilities located within
park areas.
4.5 Given the recent parkland requirement reductions, some developers within active and
approved Secondary Plans have reached out to staff demanding that their allocations
be reduced accordingly — or have provided the option to purchase. Recent appraisals
suggest the valuation of residential land in Clarington is approximately $5 million per
hectare.
4.6 Staff are not in a position to negotiate away parkland that has been approved by
Council and importantly, reviewed and commented on by the public. As such, any
changes within active development applications in approved Secondary Plans would
need to be re-evaluated and sent back for public consultation. This would be in addition
to the requirement for Council to approve the proposed changes.
Fiscal Impact Analysis
4.7 The Official Plan requires that a Fiscal Impact Analysis (FIA) be undertaken for each
Secondary Plan. The FIAs completed in support of the adopted and active Secondary
Plans include assumptions and estimates which are based on the best information
available at the time of writing. For the four Council approved Secondary Plans, the
FIAs were completed with the assumption that the previous parkland rates would apply
and the land would be transferred to the Municipality through the development
approvals process. The FIAs did not consider a scenario where reductions would be
requested or the Municipality would purchase the lands.
4.8 As outlined PDS-011-24 there are approximately 46 hectares of anticipated parkland
planned within these Secondary Plan areas. It can be assumed, should developers try
to impose the new parkland rates, which they have begun to do on their development
applications, the Municipality stands to lose a minimum of 23 hectares of parkland.
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Page 11
4.9 Given the impact of the legislative changes on these approved and ongoing Secondary
Plans, it is crucial that updated FIAs be undertaken for all Secondary Plans to
understand the full impact of the legislative changes on each, and report back to
Council. Our staff usually conduct the FIAs internally, however due to internal workload
challenges this work would need to be outsourced.
Southeast Courtice Secondary Plan — a Visual of Potential Loss
4.10 The Durham Region Commissioner of Planning and Economic Development issued
final approval of the Southeast Courtice Secondary Plan (SECSP) on March 2, 2022.
4.11 The SECSP will guide development of approximately 295 hectares of land in Courtice.
The Secondary Plan has a planned population of approximately 12,694 residents and
5,036 residential units.
4.12 As seen in Figure 4, the Secondary Plan was approved including a linked system of
parks, trails and green space that supports pedestrian movement throughout the area.
The Secondary Plan was designed to include a total of over 19 hectares of public park
land, that was to be dedicated to the Municipality through the processing of the
subsequent development applications. The size and types of parks were allocated
appropriately to provide the parkland required to support the increased population to the
area and included a total of 13 parks (eight neighbourhood parks and five parkettes).
4.13 As previously mentioned, some developers within active and approved Secondary
Plans have reached out to staff demanding that their allocations be reduced
accordingly. Figure 5 shows the potential loss of parkland within the SECSP area
based on the new parkland rates under the Planning Act. Without intervention, the
Municipality has the potential to lose a minimum of 8.5 hectares of parkland within the
SECSP area, ultimately eliminating all five parkettes and 3 neighbourhood parks.
Alternatively, the Municipality could move to purchase the land from the developers,
totalling approximately $42.5 million dollars at today's rates. The distinction regarding
land values is important given that any purchase would be staggered over several years
and market rates are only likely to increase.
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Report CAO-002-24
Page 12
Figure 4 - Approved Parkland in the Approved Southeast Courtice Secondary Plan Area
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Municipality of Clarington
Report CAO-002-24
Page 13
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Figure 5 — Southeast Courtice Secondary Plan Showing Potential Loss of Parkland
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Municipality of Clarington
Report CAO-002-24
5. Financial Considerations
Page 14
5.1 There are major financial implications for the Municipality as a result of these legislative
changes as well as the most recent correspondence received from the province
announcing our "failure to meet" the 2023 housing targets.
5.2 As a result of Bill 23, the Municipality is set to lose a minimum of $74.3 million in
development charges over a 10-year period — not including $4.5 million related to
ADUs, which came from Bill 108. This is equivalent to an increase to the municipal
budget of 14.9% in 2024, an increase to the average household tax bill of $151 just to
maintain existing service levels for the next 10 years, no net new.
5.3 Calculating the expected impact of the parkland changes is complex and contingent on
several variables and would require appropriate analysis. Despite the complexity it is
clear that the financial impact that would need to be borne by our residents to fill the gap
would be massive. It would be most prudent at this stage to move ahead with the FIAs
immediately to gain a clearer picture of the impacts.
5.4 It is integral to note with all of these legislative changes, the province has on numerous
occasions confirmed that the Ontario government is committed to ensuring that
municipalities are kept "whole" and that they do not encounter shortfalls in funding for
infrastructure previously paid for by development charges and parkland in lieu.
5.5 To date, Clarington has failed to receive any funding put forward by the Province
to offset the deficit resulting from the legislative changes and increased growth
within our community.
6. Strategic Plan
6.1 The 2024-2027 Clarington Strategic Plan was built based on community input and
validation and through each phase of its design it was abundantly clear that enhancing
the quality of life in out community was of critical importance. The assault on municipal
finances and community building from these changes will have a lasting impact and
puts the entire "Grow Responsibly" pillar of our plan in jeopardy.
7. Concurrence
7.1 This report has been reviewed by the Deputy CAOs for Planning and Infrastructure, and
Finance and Technology.
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Municipality of Clarington
Report CAO-002-24
8. Conclusion
Page 15
8.1 This report outlines the significant impacts that the Municipality, both now and into the
future, due to the legislative changes that have been made by the provincial
government.
Staff Contact: Mary -Anne Dempster, Chief Administrative Officer, Mdempster@Clarington.net
Attachments:
Attachment 1
— Watson and Associated Ltd. Assessment of the impacts of More Homes Built
Faster Act
Attachment 2
— Signed Municipal Housing Pledge
Attachment 3
— Letter from Ministry of Municipal Affairs and Housing dated February 14, 2024
Attachment 4
— Letter from Mayor Foster to Minister of Municipal Affairs and Housing dated
February 23, 2024
Attachment 5
— 2023 Data demonstrating each of the housing unit starts in Clarington
Attachment 6
— Table detailing number "start" discrepancies for two high-rise buildings in
Clarington
Attachment 7
— Letter from Ministry of Municipal Affairs and Housing dated March 27, 2024
Interested Parties:
The following interested parties will be notified of Council's decision:
Premier Doug Ford
Hon. Paul Calandra, Minister of Municipal Affairs and Housing
Hon. Todd McCarthy, Minister of Public and Business Service Delivery and MPP for Durham
Hon. David Piccini, Minister of Labour, Immigration, Training and Skills Development and MPP
for Northumberland -Peterborough South
Page 311
Assessment of the More Homes Built
Faster Act
Municipality of Clarington
OWatson
&Associates
ECONOMISTS LTD.
December 16, 2022
Trevor Pinn, CPA, CA
Deputy CAO/Treasurer
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1 C 3A6
Dear Trevor Pinn:
Re: Assessment of the More Homes Built Faster Act
The Municipality of Clarington retained Watson & Associates Economists Ltd. (Watson)
to prepare and assessment of the impacts of the More Homes Built Faster Acton the
Municipality's financial position. The following sections provide an assessment of the
Municipality's 10-Year Housing Target and the associated fiscal impacts associated with
the amendments to the Development Charges Act (D.C.A.) and parkland dedication
requirements under s. 42 of the Planning Act.
Municipality of Clarington Housing Demand by Type,
Tenure, and Affordability, 2021 to 2031
This section provides an analysis of forecast housing demand for the Municipality over
the next 10 years by housing type and tenure (i.e. rental vs. ownership). In accordance
with the affordability definitions established in the More Homes Built Faster Act', these
housing categories are then further broken down by affordable and market -based
dwellings.
1.1 Housing Demand by Tenure
The draft Durham Region Municipal Comprehensive Review (M.C.R.) forecast identifies
a demand of approximately 14,500 households between 2021 and 2031 for the
Municipality'. Accommodating this level of growth requires a range of housing by
Defined as the rent/sale price no greater than 80 per cent of the average market rent/purchase
price. The average market rent/purchase price will be determined by the Minister of Municipal
Affairs as published in the bulletin entitled the "Affordable Residential Units for the Purposes of
the Development Charges Act, 1997 Bulletin".
2 Relative to the Durham Region 2022 M.C.R. forecast, the Ministry of Municipal Affairs and
Housing has identified approximately 1,500 less housing units for the Municipality of Clarington
over the 2021 to 2031 forecast period, representing a total housing forecast of 13,000.
2233 Argentia Rd. Office: 905-272-3600
Suite 301 Fax: 905-272-3602
HAClarington\MHBFA Impacts\Pinn, Dec 16.docx
Mississauga, Ontario www.watsonecon.ca
L5N 2X7 0
Vie Page 313
structure type and tenure. Building on this housing forecast by type, the following
explores the Municipality's housing needs in greater detail by generating a housing
forecast by both type and tenure. A tenure forecast provides greater insight into the
Municipality's rental housing needs between 2021 and 2031 by various structure types.
With affordability concerns increasing across the province, the pressure for primary
rental dwellings will continue to grow. Based on a rental housing propensity analysis
(as shown in Figure 1-1), the percentage of renter households in the Municipality is
forecast to increase from 14% in 2021 to 19% in 2031, which is slightly faster than the
rental housing propensity increases observed between 2011 and 2021.
Figure 1-1
Municipality of Clarington
Rental Housing Propensity Rate Forecast, 2021 to 2031
21%
19%
m
19%
CU
17% 17%
m 15% 14%
n
0
013% 12% 12%
11%
a 11% 10%
_CO9%
m
ry
7%
5%
2001 2006 2011 2016 2021 2026 2031
Year
Historical Forecast
Source: Historical data from Statistics Canada Census. Forecast by Watson & Associates Economists Ltd. 2022.
Based on the above rental housing propensity forecast, rental housing in the
Municipality is expected to increase from 5,150 units in 2021 to 9,640 in 2031. This
represents growth of approximately 4,490 units over the period, accounting for nearly
20% of total housing growth over the forecast period. As shown in Figure 1-2, rental
dwelling growth in the Municipality over the next decade is forecast to be comprised of
27% low -density (single and semi detached), 29% medium -density (townhomes and
duplexes), and 44% high -density households (apartments and secondary units). This
represents a shift away from low -density rental dwellings compared to the previous 20
years.
Watson & Associates Economists Ltd. PAGE 3
H:\Clarington\MHBFA ImpactsTinn, Dec 16.docx Page 314
While the share of rental dwellings is forecast to increase compared to historical trends,
ownership households are still forecast to represent the predominant housing tenure in
the Municipality, representing slightly over 80% of all forecast housing growth between
2021 and 2031. As shown in Figure 1-3, ownership dwellings within the Municipality are
forecast to primarily be low -density housing forms, with remaining housing growth
largely within medium -density dwellings and to a lesser extent, high -density dwellings.
Nearly all forecast high -density housing growth is expected to be in the form of rental
dwellings.
Figure 1-2
Municipality of Clarington
Rental Housing Growth by Structure Type, Historical and Forecast, 2001 to 2031
2,800
N 2,300
v
N 1,800
= 1,300
m
Of 800
75
� 210
300 0 ( 10)
124 /0
(200)
2,240 2,240
i
44% 44%
1,240
1
920 34%
29°/0 29°/0
280
24°/o
2001 to 2006 2006 to 2011 2011 to 2016 2016 to 2021 2021 to 2026 2026 to 2031
Period
■ Low Density ■ Medium Density ■ High Density
Source: Historical data from Statistics Canada Census. Total housing forecast derived from Durham Region M.C.R. Housing forecast bytenure
prepared by Watson & Associates Economists Ltd., 2022.
Watson & Associates Economists Ltd. PAGE 4
H:\Clarington\MHBFA Impacts\Pinn, Dec 16.docx Page 315
Figure 1-3
Municipality of Clarington
Ownership Housing Growth by Structure Type, Historical and Forecast, 2001 to 2031
6.000
5,000 5,000
0 5,000 1 8% 8%
a4,000 I 26% 26%
3,370
0 2 980
= 3,000 13%
2- 15% 2,160 1,870
2,000 16 0
0 1,000
o
2001 to 2006 2006 to 2011 2011 to 2016 2016 to 2021 ' 2021 to 2026 2026 to 2031
(1,000)
Period
■ Low Density ❑ Medium Density ❑High Density
Source: Historical data from Statistics Canada Census. Total housing forecast derived from Durham Region M.C.R. Housing forecast try tenure
prepared by Watson & Associates Economists Ltd., 2022.
1.2 Housing Affordability Analysis
Figure 1-4 summarizes average sales prices in the Municipality for single -detached,
townhouse, and apartment dwelling units between 2017 and 2022. While all housing
types have increased during this period, single -detached dwellings had the greatest
increase since 2020, increasing 49% during this period. The cost of a dwelling in the
Municipality has a direct impact on the type and tenure of housing required to
accommodate the wide range of income groups.
Watson & Associates Economists Ltd. PAGE 5
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Figure 1-4
Municipality of Clarington
Average Sales Price by Dwelling Type, 2017 to 2022
$1, 200, 000
$1, 000, 000
$800,000
$621,900 $601,200
$600,000
$400,000
$200,000
$0
$454,700 $448,300
$319,700 $333,100
2017 2018
Condo Apt
$967,800
$$751,500
714,40
$608,300 $560,00
$462,300 _ -
-,,--'$524,200
$1,061,900
$843,200
$587,700
$355,700 $409,600
2019 2020 2021 2022 YTD
Year
Townhouse Single -Detached
Note: Figures have been rounded.
Source: TRREB Market Watch Archive 2017 to November 2022, summarized by Watson & Associates Economists Ltd.
In accordance with the definition of affordability in the More Homes Built Faster Act, the
housing forecast by tenure and type has been examined from an affordable vs. market -
based perspective. As shown in Figure 1-5, households with an income of less than
$100,000 can afford a maximum rent of $2,500 per month or a maximum purchase
price of $315,0003 4. According to 2022 real estate sale data from the Toronto Regional
Real Estate Board (TRREB), the average sales price of a condominium in Clarington is
$587,700 and a townhouse is $843,200. With a significant number of households
unable to afford a new ownership dwelling, a shift in dwelling tenure and type is required
to provide more affordable rental stock within the Municipality.
3 Affordability in this context was calculated by assuming a maximum of 30% of household
income is spent on shelter costs (property taxes, mortgage payment, monthly
maintenance/fees, property insurance, and a down payment of 10%).
4 The Municipality of Clarington Official Plan (2018) defines ownership affordability as annual
accommodation costs not exceeding 30% of gross low- and moderate -income households or
the purchase price of a resale unit is 10% below the average regional market area purchase
price. Similarly, for rental affordability, the monthly costs do not exceed 30% of gross low and
moderate household incomes or the rent cost is below the average market rent in the regional
market area.
Watson & Associates Economists Ltd. PAGE 6
H1C1arington\MHBFA ImpactsTinn, Dec 16.docx Page 317
44
Figure 1-5
Municipality of Clarington
Housing Affordability Forecast by Tenure, 2021 to 2031
The Municipality's current development application pipeline supports this shift, as 41 %
of all units in development approvals are categorized as apartments5. Accordingly,
under the 10-year forecast for the Municipality, it is assumed that 33% of new housing
units will serve households with an income of $100,000 or less6. Further observations
can also be made:
• To accommodate the lowest income segments of the Municipality's population, it
is assumed that 33% of new rental units will accommodate households with a
household income under $40,000, paying a maximum rent of $1,000 monthly —
rental assistance will likely be required for these households.
• Household incomes less than $150,000 are defined as having limited home
ownership options. These households can afford a dwelling cost up to $475,000.
Based on September 2022 TRREB price data, many of these households would
not be able to afford any dwelling type unless purchasing a dwelling that would
be classified as affordable under the More Homes Built Faster Act or by providing
substantial down payments to significantly reduce the purchase price.
• Households with income between $150,000 and $200,000 would still require
assistance to purchase dwellings within the Municipality but higher household
incomes can support a wider range of dwelling types. Households with income
greater than $200,000 have the widest range of market housing options in the
Municipality. It is assumed that nearly two thirds of new ownership households in
the Municipality will be purchased by this $200,000 and greater household
income group.
5 Including plans that have been submitted but not yet approved. High -density dwellings
represent 27% of units in Draft Approved or Registered Plans.
6 Households with an income of less than $100,000 represent 43% of the housing stock
according to the 2021 Census. Accounting for inflation and intraprovincial migration trends, this
household income category is expected to reduce to 30% of households by 2031.
Watson & Associates Economists Ltd. PAGE 7
H1C1arington\MHBFA ImpactsTinn, Dec 16.docx Page 318
The Municipality's 10-year housing forecast by structure type and tenure has been
further analyzed to determine the number of affordable vs. market -based units in each
category. The affordability of a unit is calculated against the average market rent or the
average purchase price of a unit by structure type within a given year'. As
demonstrated previously in Figure 1-5, nearly all household income groups below
$200,000 within the Municipality would not be able to purchase a dwelling of any
structure type based on income alone. Accordingly, general assumptions have been
made regarding the down payment capabilities by age of primary household maintainer,
household income, and dwelling type. From these assumptions, a need for affordable
dwellings is calculated for both rental and ownership households by structure type.
Figure 1-6 displays the results of this analysis. The following can be observed:
• Only 14% of low -density units are forecast as affordable dwellings. While this is
the least affordable dwelling type, there is still a substantial number of low -
density units forecast in the Municipality through the Durham Region M.C.R.
• Based on the anticipated family structures and household incomes within the
Municipality, it is assumed that 17% of ownership low -density units will need to
be affordable. Increases in the low -density rental housing stock would not qualify
as an affordable rental unit since they would not be purpose-built rental
dwellings$.
• Medium -density units are forecast to account for over a quarter of all new rental
dwellings in the Municipality in the next decade, while still forming a sizeable
component of the ownership housing growth as well. Across ownership and
rental units, 38% of medium -density dwellings are forecast as affordable.
• High -density units are anticipated to form the smallest component of housing
growth in the Municipality. There are approximately 2,500 high -density dwellings
forecast over the next 10 years, with a majority expected within the rental
category. Of these total high -density units, 40% are forecast as affordable over
the next decade.
7 The More Homes Built Faster Act does not currently specify whether affordability will be
calculated against the aggregate average annual housing value across all dwelling types, or the
average annual value within each dwelling type. This analysis assumes the latter. If the
prescribed affordability is calculated in aggregate across all dwelling types, then the percentage
of affordable dwellings captured through this analysis dramatically increases. Similarly, it is
unclear what geography will be used to define market value (i.e. provincial, municipal, sub -
municipal). This could further revise the affordable housing forecast herein.
8 It is assumed that increases in the low -density rental stock are achieved through the
secondary rental market, rather than the primary -built rental market. This implies that the home
purchaser would function as a landlord, by renting the low -density dwelling. Since affordability
would be calculated on the purchase price of the home in this instance, this would not be
captured under the affordable rental category.
Watson & Associates Economists Ltd. PAGE 8
H1C1arington\MHBFA ImpactsTinn, Dec 16.docx Page 319
• Lastly, secondary units are component of the high -density forecast. These units
are already exempt from development charges (D.C.$) and as such, are
considered as affordable.
Figure 1-6
Municipality of Clarington
Annual Housing Growth by Tenure, Historical and Forecast Scenarios, 2021 to 2031
Affordable
•
Market
Based
Total
Affordable
Market
Based
Total
Affordable
..
Market
Based
Total
Density 1,100
7HighDensity
5,450
6,550
-
1,220
1,220
1,100
6,670
7,770
Density 810
1,820
2,630
700
610
1,310
1,510
2,430
3,940
350
460
810
640
1,040
1,680
990
1,500
2,490
Secondary Units -
-
280
280
280
280
Total 2,260
7,730
9,990
1,620
2,870
4,490
3,880
10,600
14,480
Affordable
Market
Based
Total
Affordable
Market
Based
Total
Affordable
Market
Based
Total
Low7Dnsit17%
83%
100%
0%
100%
100%
14%
86%
100%
Me
31%
69%
100%
53%
47%
100%
38%
62%
100%
Hi
43%
57%
100%
38%
62%
100%
40%
60%
100%
Secondary Units
0%
0%
0%
100%
0%
100%
100%
0%
100%
Total
23%
77%
100%
36%
64%
100%
27%
1 73%
100%
2. Development Charges
2.1 More Homes Built Faster Act Amendments to the D.C.A.
The major amendments to the D.C.A. considered herein include:
• Additional statutory exemptions for additional residential units, affordable units
and non-profit housing;
• Discount for rental housing development;
• Mandatory 5-year phase -in for all D.C. by-laws passed after January 1, 2022;
• Extension of the historic level of service calculation period from 10-years to 15-
years;
Watson & Associates Economists Ltd. PAGE 9
H1CIarington\MHBFA Impacts\Pinn, Dec 16.docx Page 320
• Removal of studies from eligible capital costs9; and
• D.C. by-laws would expire ten years after the in -force date.
2.2 Assessment of Additional Statutory Exemptions and Rental
Housing Discount
The assessment of the D.C. revenue impacts related to the additional statutory
exemptions and discounts for rental housing are calculated based on the growth
forecast assumption for the 2021-2031 period, as summarized in Figure 1-6. For the
purposes of this assessment:
• The additional residential units are included in the 10-year forecast as secondary
units.
Affordable units include rental, ownership and inclusionary zoning units. These
units would also include non-profit housing units10
The D.C.A. defines rental housing development as "development of a building or
structure with four or more residential units all of which are intended for use as
rented residential premises". As such, is assumed that only high -density
residential rental development in the forecast would quality for this discount. For
these types of development, the D.C. will be reduced based on the number of
bedrooms in each unit as follows:
o Three or more bedrooms — 25% reduction;
o Two bedrooms — 20% reduction; and
o All other bedroom quantities — 15% reduction.
It should be noted that the statutory exemption for additional residential units and the
discount for rental housing development is in force as of November 28, 2022. The
statutory exemptions for affordable housing will be proclaimed on a future date and are
currently not in force.
As summarized in Figure 1-7, the estimated D.C. revenue for the forecast residential
development in Figure 1-6 would total $314.9 million, based on current Municipal D.C.
rates. The proposed additional statutory exemptions and discounts are anticipated to
9 Land may be excluded as an eligible capital cost, if prescribed for certain services. At the time
of writing no regulation has been filed in this regard, land costs have been maintained.
'o The D.C.A. amendments provide statutory exemptions for attainable units. These units do
not include affordable units and rental units. These units will be defined by regulation. As
regulations have not been filed at the time of writing no units are included herein.
Watson & Associates Economists Ltd. PAGE 10
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Page 321
reduce D.C. revenues by $74.7 million over the period". This represents a reduction of
approximately 24% in total residential D.C. revenues for the period. The composition of
the revenue loss includes:
$72.4 million in lost revenue for affordable unit exemptions, with ownership units
accounting for $49.9 million and rental units $22.5 million.
$2.3 million in discounts for rental housing developments. The distribution of
high -density residential units by bedrooms was taken from the Municipality's
2020 D.C. Background Study, which provides for an overall D.C. discount of
19.1 % for the forecast high -density rental development.
The expansion of the additional residential unit exemption, as forecast for
secondary units, is expected to be minimal. This is due to only an expansion in
the exemption for an additional residential unit in semi-detached and row
dwellings as compared the D.C.A. prior to the recent amendments.
11 Discounted to 2020$ this equates to approximately $62.6 million.
Watson & Associates Economists Ltd. PAGE 11
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Figure 1-7
Municipality of Clarington
Comparison of Residential D.C. Revenue Forecast for Growth Forecast in Figure 1-6,
2021 to 2031
D.C. Treatment
Wide
2021-2031
D.C.
Revenue (2022$)
Dwelling Unit Type
Post
D.C./Unit
Dwelling Unit
Pre MHBFA
Pre MHBFA
Post MHBFA
Difference
Low Density
Ownership
Affordable
Charged
Exempt
$ 25,954
1,100
28,549,400
-
(28,549,400)
Market
Charged
Charged
$ 25,954
5,450
141,449,300
141,449,300
Rental
Affordable
Charged
Exempt
$ 25,954
-
-
-
Market
Charged
Charged
$ 25,954
1,220
31,663,880
1 31,663,880
Medium Density
Ownership
Affordable
Charged
Exempt
$ 21,272
810
17,230,320
-
(17,230,320)
Market
Charged
Charged
$ 21,272
1,820
38,715,040
38,715,040
Rental
Affordable
Charged
Exempt
$ 21,272
700
14,890,400
-
(14,890,400)
Market
Charged
Charged
$ 21,272
610
12,975,920
12,975,920
-
High Density
Ownership
Affordable
Charged
Exempt
$ 11,813
350
4,134,500
-
(4,134,500)
Market
Charged
Charged
$ 11,813
460
5,433,914
5,433,914
Rental
Affordable
Charged
Exempt
$ 11,813
640
7,560,229
-
(7,560,229)
Market
Charged
Reduced'
I $ 11,813
1,040
12,285,371
9,944,092
1 (2,341,279)
Secondary Units
Ownership
Affordable
Partially Exempt2
Exempt
$ 11,813
-
-
-
Market
Partially Exempt2
Exempt
$ 11,813
-
Rental
Affordable
Partially Exempt2
Exempt
$ 11,813
280
Market
Partially Exempt2
Exempt
$ 11,813
-
-
-
Total
14,480
314,888,274
240,182,147
1 (74,706,128)
1 Bill 23 provides for reductions in D.C. of 25%for 3 bedroom and greater units, 20%for 2 bedroom units, and 15%for all other units. Based on
weighting in 2020 D.C. Background Study a reduction of 19.1% is provided.
2 Bill 23 provides for additional exemptions for secondary units within semi-detached and row dwellings. Additional exemptions are anticipated
to be minimal as development is primarily related to single detached dwellings.
3 High Density/Apartment Rate based on weighting of 2 bedroom and greater units of 62% and bachelor and 1 bedroom units of 38%, based on
2020 D.C. Background Study.
Watson & Associates Economists Ltd. PAGE 12
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2.3 Assessment of Mandatory Phase -in, Historic Level of Service
and Removal of Studies
The Municipality's existing D.C. By-law was came into effect on January 19, 2021. The
transition rules with respect to the D.C.A. amendments under the More Homes Built
Faster Act for the mandatory phase -in of the charges, expansion of the historic level of
service, and the removal of studies from the definition of capital costs, suggest these
changes will not affect the Municipality's existing D.C. by-law. The Municipality's
existing D.C. by-law is set to expire January 18, 2026. Assuming the Municipality's
proceeds to pass a new by-law at that time these new provisions would have to be
adhered to. To measure the potential impact on the Municipality's D.C.s, we have
undertaken to assess these changes relative to the Municipality's 2020 D.C.
Background Study. The following addresses each item.
2.3.1 Mandatory Phase -In
If the Municipality was to pass a new D.C. by-law, the charge would have to be phased -
in from the fully calculated rate in the D.C. Background Study as follows:
• Year 1 — 80% of the maximum charge;
• Year 2 — 85% of the maximum charge;
• Year 3 — 90% of the maximum charge;
• Year 4 — 95% of the maximum charge; and
• Year 5 to expiry— 100% of the maximum charge.
To assess the impact of this change, we considered the actual revenue12 collected
under the Municipality's current D.C. by-law for the period 2021-2022. For years 2023
and 2024 revenues were based on a transition to the average post More Homes Built
Faster Act average D.C. revenues provided in Figure 1-7. As summarized in Figure 1-
8, if the Municipality had to apply the mandatory phase -in rules during the 2021 D.C.
By-law process, the loss in revenue would have totalled $7.3 million. This equates to a
loss in revenue of approximately 10.4% over the 4-year phase -in period. In the context
of the total D.C. recoverable costs over the 2020-2029 D.C. forecast period, this lost
revenue would equate to approximately 2.4% of total D.C. eligible capital costs.
12 The Municipality provided a year-end estimate for 2022.
Watson & Associates Economists Ltd. PAGE 13
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Figure 1-8
Municipality of Clarington
Estimated D.C. Revenue Loss for 4-Year Period, 2021 to 2024
Actual D.C. Revenue (2021) &
$ 10,444,068
$ 12,204,193
$ 20,421,234
$ 27,550,724
$ 70,620,219
Forecast (2022-2024)
D.C. Phase -in under MHBFA
80%
85%
90%
95%
Revenue if MHBFA Implemented in
$ 8,355,254
$ 10,373,564
$ 18,379,111
$ 26,173,188
$ 63,281,117
2021
Revenue Loss Related to Phase -in
$ 2,088,814
$ 1,830,629
$ 2,042,123
$ 1,377,536
$ 7,339,102
Provisions under MHBFA
Actual D.C. Revenue (2021) &
$ 10,277,246
$ 11,023,871
$ 15,914,079
$ 20,804,287
$ 58,019,483
Forecast (2022-2024), in 2021$
D.C. Phase -in under MHBFA
80%
85%
90%
95%
Revenue if MHBFA Implemented in
$ 8,221,797
$ 9,370,290
$ 14,322,671
$ 19,764,073
$ 51,678,831
2021
Revenue Loss Related to Phase -in
$ 2,055,449
$ 1,653,581
$ 1,591,408
$ 1,040,214
$ 6,340,652
Provisions under MHBFA
Total DC Recoverable Capital Costs
$ 267,533,323
Lost Revenue as % of Total DC Recoverable
2.4%
2.3.2 Historic Level of Service
At the time of preparing the Municipality's 2020 D.C. Background Study, the increase in
need for service had to be measured relative to the average historic level of service
over the 10-year period preceding the study. This requirement prevents municipalities
from requiring development to pay a charge based on a higher level of service than
provided in the municipality historically on an average cost basis. The calculations in
this regard provide a maximum amount of capital costs that can be included in the
calculation of the charge on a service -by -service basis, or as commonly referred to as
the historic level of service cap.
The More Homes Built Faster Act now extends this period from the 10-year period
preceding the study to the 15-year period. To determine the potential impacts, we
calculated the historic level of service cap using the 15-year period for the D.C. services
included in the 2020 D.C. Background Study. Figure 1-9 compares the cap under the
2020 D.C. Background Study and the recalculated cap for the 15-year historic period.
In total the cap would increase by approximately $7.9 million. As such, these
amendments would be positive for the Municipality, allowing for additional capital needs
unrestricted by the historic level of service cap.
Watson & Associates Economists Ltd. PAGE 14
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Figure 1-9
Municipality of Clarington
Comparison of 2020 D.C. Background Study Historic Level of Service Cap
D.C. Service/Service Component
1.1 Services Related to a Highway
Roads
0.
Year HLOS)
243,895,476
0.
Year HLOS)
248,475,540
4,580,064
Domes and Depots
3,752,401
3,920,266
167,865
Parking Spaces
843,395
880,156
36,761
Services Related to a Highway - Total
248,491,272
253,275,962
4,784,690
1.2 Parks and Recreation Services
Parkland Development
4,811,478
4,768,088
(43,390)
Parkland Trails
1,119,102
1,139,592
20,490
Recreations Vehicles and Equipment
741,549
697,556
(43,993)
Parkland Amenities
9,193,575
8,687,056
(506,519)
Indoor Recreation Facilities
57,761,839
61,612,708
3,850,869
Parks and Recreation Services - Total
73,627,543
76,905,000
3,277,457
1.3 Fire Services
Fire Facilities
6,907,158
7,068,967
161,809
Fire Vehicles
3,708,044
3,742,997
34,953
Fire Small Equipment and Gear
304,634
308,552
3,918
Fire Services - Total
10,919,836
11,120,516
200,680
1.4 Library Services
Library Facilities
8,289,916
7,937,371
(352,545)
Library Collection Materials
2,430,748
2,202,348
(228,400)
Library Services - Total
10,720,664
10,139,719
(580,945)
1.5 Animal Services
Animal Services Facilities
901,248
942,830
41,582
Animal Services - Total
901,248
942,830
41,582
1.6 Operations Services
Operations Fleet
4,856,776
5,030,296
173,520
Operations Facilities
983,810
982,605
(1,205)
Operations Services - Total
5,840,586
6,012,900
172,314
Total Municipal Wide Services
350,501,149
358,396,927
7,895,778
2.3.3 Studies Ineligible Capital Cost
The Municipality's 2020 D.C. Background Study, included $7.8 million in gross capital
costs for studies (excluding study costs within capital projects such as design and EA
studies). The D.C. recoverable share of these costs totalled $5.4 million (2020$). In the
Watson & Associates Economists Ltd. PAGE 15
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context of the total D.C. recoverable costs over the 2020-2031 D.C. forecast period, this
lost revenue would equate to approximately 2.0% of total D.C. eligible capital costs.
3. Parkland Dedication
3.1 More Homes Built Faster Act Amendments to Section 42 of the
Planning Act.
The major amendments to section 42 of the Planning Act regarding parkland dedication
considered herein include:
Additional residential units, affordable units and non-profit housing will be exempt
from parkland dedication;
The determination of parkland dedication for a building permit issued within two
years of a Site Plan and/or Zoning By-law Amendment approval would be subject
to the requirements in the by-law as at the date of planning application
submission;
• Reduction to the alternative requirement provisions, whereby:
o For land conveyance, the alternative requirement of 1 hectare (ha.) per
300 dwelling units is reduced to 1 ha. per 600 dwelling units;
o For payments -in -lieu of land (P.I.L.), the alternative requirement of 1 ha.
per 500 dwelling units is reduced to 1 ha. per 1,000 net residential units;
o Parkland dedication is capped at 10% of the land area, or land value,
where the land proposed for development is 5 ha. or less, and 15% of the
land area or land value where the land proposed for development is
greater than 5 ha.; and
Owners will be allowed to identify lands to meet parkland conveyance
requirements, within regulatory criteria. These lands may include encumbered
lands and privately owned public space (POPs). The suitability of land for parks
and recreational purposes will be appealable to the Ontario Land Tribunal (OLT).
Similar to the amendments to the D.C.A., the statutory exemptions for affordable
housing will be proclaimed at a future date and are not currently in force. Also, the
provisions for owners to identify lands for conveyance will be proclaimed at a future
date.
Watson & Associates Economists Ltd. PAGE 16
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3.2 Assessment of Statutory Exemptions and Changes to the
Alternative Parkland Dedication Requirements
The assessment of the parkland dedication impacts related to the statutory exemptions
and lower of the alternative requirement are calculated based on the growth forecast
assumption for the 2021-2031 period, as summarized in Figure 1-6. Figure 1-10
compares the total amount of parkland dedication (in land conveyance or P.I.L.) under
the standard requirements and alternative requirements prior to the More Homes Built
Faster Act in force date (i.e. November 28, 2022). Figure 1-11 provides the total
amount of parkland dedication after the More Homes Built Faster Act amendments are
fully in force. The figures also provide the parkland dedication forecast in terms of the
parks level of service (i.e. ha. per 1,000 net population) for comparison to the
Municipality's intended standard of 1.8 ha. per 1,000 population.
Figure 1-10
Municipality of Clarington
Comparison of Parkland Dedication and Service Level for the Standard and Alternative
Parkland Dedication Requirements pre More Homes Built Faster Act
Forecast by Dwelling Unit Type
Low .-
7,770
Growth,
Medium
Density
3,940
2021 to 2031
High Density
2,490
DensityHousing
by
Secondary
Units
280
Total
14,480
Density (units per net ha.)
20
48
167
n/a
Net Developable Land Area (ha.)
388.5
82.1
14.9
-
485.5
Average Occupancy (net person per unit)
2.997
2.456
1.364
1.024
Net Population
23,287
9,677
1 3,396
287
36,646
Parkland Dedication - Land Conveyance
19.4
4.1
0.7
-
24.3
Standard Requirement
Ha. of Land (5% of land area)
Level of Service (ha. per 1,000 population)
0.83
0.42
0.22
-
0.66
Alternative Requirement
Ha. of Land (1 ha. per 300 dwelling units)
25.9
13.1
8.3
0.9
48.3
Level of Service (ha. per 1,000 population)
1.11
1.36
2.44
3.26
1.32
Parkland Dedication - Cash -in -Lieu
Standard Requirement
Ha. of Land (5%of land area)
19.4
4.1
0.7
-
24.3
Level of Service (ha. per 1,000 population)
0.83
0.42
0.22
-
0.66
Alternative Requirement
Ha. of Land (1 ha. per 500 dwelling units)
15.5
7.9
5.0
0.6
29.0
Level of Service (ha. per 1,000 population)
0.67
0.81
1.47
1.95
0.79
Watson & Associates Economists Ltd. PAGE 17
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OWatson
&Associates
ECONOMISTS LTD.
Figure 1-11
Municipality of Clarington
Comparison of Parkland Dedication and Service Level for the Standard and Alternative
Parkland Dedication Requirements post More Homes Built Faster Act
Growth,
2021 to 2031
DensityHousing
by
Low Density
Medium
Density 1��
Seconda
Units ArTotal
Housing Forecast by Dwelling Unit Type
7,770
3,940
2,490
280
14,480
Affordable Housing Units
1,100
1,510
990
280
3,880
Housing Forecast net of Affordable Housing
6,670
2,430
1,500
-
10,600
Density (units per net ha.)
20
48
167
n/a
Net Developable Land Area (ha.)
333.5
50.6
9.0
393.1
Average Site Area per Building Permit (ha.)
0.05
0.02
0.90
0.97
Average Units per Building Permit
1
1
150
152
Total Building Permits
7,770
3,940
17
-
11,727
Average Occupancy (person per unit)
2.997
2.456
1.364
1.024
Gross Population (including Affordable Housing)
23,287
9,677
3,396
287
36,646
Parkland Dedication - Land Conveyance
Standard Requirement
Ha. of Land (5% of land area)
16.7
2.5
0.4
19.7
Level of Service (ha. per 1,000 population)
0.72
0.26
0.13
0.54
Alternative Requirement
Ha. of Land per Application (1 ha per 600 dwelling
0.002
0.002
0.250
-
units)
Ha. of Land Cap per Application (cap 10% of land
area <= 5ha.; 15% of land area > 5ha.)
0.008
0.003
0.090
Ha. of Land
13.0
6.6
1.5
21.0
Level of Service (ha. per 1,000 population)
0.56
0.68
0.44
0.57
Parkland Dedication - Cash -in -Lieu
Standard Requirement
Ha. of Land (5% of land area)
16.7
2.5
0.4
19.7
Level of Service (ha. per 1,000 population)
0.72
0.26
0.13
0.54
Alternative Requirement
Ha. of Land
7.8
3.9
1.5
13.2
Level of Service (ha. per 1,000 population)
0.33
0.41
0.44
0.36
Comparing the parkland dedication, applying the standard requirement:
Prior to the amendments, the forecast development would yield 24.3 ha. of
parkland if land was conveyed or P.I.L. taken. This would have resulted in a
service level of 0.66 ha. per 1,000 population.
The amended provisions of s.42 of the Planning Act would yield 19.7 ha. of
parkland. The service level is reduced to 0.54 ha. per 1,000 population. This
reduction is reflective of the exemption of affordable housing developments.
2233 Argentia Rd. Office: 905-272-3600
Suite 301 Fax: 905-272-3602
Mississauga, Ontario www.watsonecon.ca
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Page 329
HACIarington\MHBFA ImpactsTinn, Dec 16.docx
This would result in a reduction in parkland conveyed or P.I.L. of 4.6 ha. over the
forecast period. At an average land value of $2.0 million per ha.13, this would
equate to a shortfall of $9.2 million in parkland funding.
Comparing the parkland dedication, applying the alternative requirement:
Prior to the amendments, the forecast development would yield 48.3 ha. of
parkland if land was conveyed, or 29.0 ha. of land in P.I.L. This would have
resulted in a service level of 0.79-1.32 ha. per 1,000 population.
• The amended provisions would yield 21.0 ha. of parkland if land was conveyed,
or 13.2 ha. of land in P.I.L. The service level achieved is 0.36-0.57 ha. per 1,000
population. This reduction is reflective of both the exemption for affordable
housing development and the reduced alternative requirement standards.
This would result in a reduction in parkland conveyed of 27.3 ha. or $54.6 million
over the forecast period. Reduced P.I.L. of parkland would be 15.8 ha. or $31.6
million.
The amended provisions for parkland dedication would result in a 19% reduction in the
amount of parkland conveyed or P.I.L. when applying the standard requirements, and a
55% reduction when applying the alternative requirements. These reductions would
result in levels of service for parkland under the alternative requirement for land
conveyance (i.e. 0.57 ha. per 1,000 population) that are similar to the standard
requirements (i.e. 0.54 ha. per 1,000 population). However, for P.I.L. the standard
requirements would preferable, achieving a service level of 0.54 ha. per 1,000
population as compared to 0.36 ha. per 1,000 population under the amended alternative
requirements.
4. Conclusions
The Municipality is forecast to experience increasing growth pressures over the next
several decades. Looking forward at the next ten years, housing affordability concerns
will place greater emphasize on providing a wider range of dwelling types to
accommodate households with lower incomes and insufficient down payment
capabilities. Section 1 explored forecast housing trends by structure type, tenure,
household income, age of primary maintainer, and housing prices. Together, this
analysis has informed the number of affordable dwellings that will be required over the
next decade to accommodate a wide range of household incomes within the
Municipality. The Durham Region M.C.R. established the number of forecast dwellings
by structure type in the Municipality, but it is essential that the Municipality consider the
13 Average parkland value provided by Municipal staff.
Watson & Associates Economists Ltd. PAGE 19
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households that can afford these dwellings and how these homes get delivered to
accommodate a diverse pattern of household incomes.
On the basis of the forecast housing development provided in Figure 1-6, and relative to
the 2020 D.C. Background Study, Section 2 measured the impacts on the Municipality's
D.C. revenues. Assuming the current D.C.A. rules were in place in 2020, the total D.C.
implication would be approximately $74.3 million in revenue (2020$). In the context of
the total D.C. recoverable costs over the 2021-2031 D.C. forecast period of $267.5
million, this lost revenue would equate to approximately 27.8% of total D.C. eligible
capital costs.
Total D.C. Revenue
Impact (in 020
D.C. Exemptions and Discounts
$62.6 million
D.C. Phase -In
$6.3 million
Historic Level of Service
No Impact on
Revenues
Studies
$5.4 million
Total
$74.3 million
Section 3, projected the impacts of the amended standard requirement and alternative
requirement rules for parkland dedication under s. 42 of the Planning Act. Based on the
development forecast assumptions in Figure 1-6, these amendments would reduce the
amount of parkland dedication by 19% from previous levels where the standard
requirements are applied. This equates to a loss of approximately 4.6 ha. or $7.7
million in 2020$14 on parkland that would have to be funded by property taxes if prior
standards were to be maintained. Under the alternative requirement, the reduction
would represent a reduction of 55% in parkland dedication. This would result in a
reduction in parkland conveyed/P.I.L. of 15.8-27.3 ha. and a corresponding value of
$26.4-$45.7 million in 2020$. Moreover, this would result in a reduction in the
incremental level of service provided by new development equating to approximately
0.57 ha. per 1,000 population. This compares to the Municipality's intended standard of
1.8 ha. per 1,000 population
Combining the total revenue impacts for the D.C. and parkland dedication analysis
contained herein, the Municipality would lose approximately $82.0 million (2020$)
14 Assuming the same deflation rate as provided for the D.C. impacts above, i.e. 19.3%.
Watson & Associates Economists Ltd. PAGE 20
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applying the standard parkland dedication requirements, and $100.7-$120.0 million
(2020$) applying the alternative parkland dedication requirements.
Yours very truly,
WATSON & ASSOCIATES ECONOMISTS LTD.
Andrew Grunda, MBA, CPA, CMA
Principal
Watson & Associates Economists Ltd. PAGE 21
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Municipal Housing Pledge
Clarington's Municipal Housing Target is 13,000 by 2031
The following represents actions that may be facilitated by the Municipality of Clarington to
implement the Municipal Housing Pledge:
Facilitating Growth
• Official Plan: Completing the Secondary Plans currently in progress by 2026 will
facilitate housing units within Clarington's existing urban areas that will contribute
towards the achievement of the short-term target to 2031. Concurrently, staff will initiate
and complete the Clarington Official Plan Review that will address longer -term growth
and development to 2051.
• Zoning: Develop zoning to implement newly approved and updated Secondary Plans to
provide for zoning that aligns with approved built forms and densities, and complete
new urban area zoning by-law to provide permissions outside of secondary plan areas
that support new housing units and reduce the need for site -specific zoning
amendments, which can be costly and resource consuming. Zoning for the
Bowmanville and Courtice MTSAs will be prioritized to be completed within a year of the
Province's approval of Durham's MTSAs, as required.
• Consider Community Planning Permit System: The Clarington Official Plan provides
for the use of the Community Planning Permit System tool, which combines zoning,
minor variances and site plan into one process. Upon the completion of the necessary
secondary planning and zoning work, staff will explore locations and situations in which
a Community Planning Permit System might be appropriate and support the housing
target commitment, such as for affordable housing or within MTSAs.
• Community Improvement Plans: Clarington's existing CIPs are due to be updated in
2023/2024. Opportunities to support the development of affordable housing units
through CIP programming will be explored as part of the review and update.
• Municipal Heritage Register: Clarington's Municipal Register will be reviewed and
cultural heritage resources list can be updated to better enable staff to proactively
address the conservation of resources on lands subject to residential development
applications.
• Engineering Design Standards: Continue initiative to update Clarington's Engineering
Design Standards to align with current best practices and improve processing timelines
during the detailed engineering review stage of residential subdivision applications.
• Streamlining Development Approvals Processes: A comprehensive set of initiatives
is underway by the Municipality to modernize, streamline, improve accessibility to, and
accelerate processes for managing and approving housing applications, including
maximizing capabilities of new software and technology, implementing an application
prioritization process, hiring of necessary staff resources and consultant expertise,
Page 333
modification of pre -consultation processes, and delegation of additional authorities to
staff.
Supportive Servicing and Infrastructure
Infrastructure Master Planning: Clarington is committed to doing its part to work with
Durham Region to align land use planning and infrastructure planning to maximize the
efficiency of servicing secondary plan areas to support the construction of new homes.
Staff will explore an Infrastructure Master Plan where it would be beneficial to align local
municipal transportation and servicing infrastructure capital projects with secondary
planning to support development.
Enhancing Support for Housing
Encouraging Additional Dwelling Units: Build on recent official plan and zoning
amendments that permit 2Rd and 3rd residential units to incorporate additional Bill 23
direction. Encourage developers to provide additional units in the design of dwellings at
the time of purchase and sale to increase ADUs and affordable housing options. A
citizen -friendly guide to ADUs and promotion on the Municipality's social media site may
be explored.
Affordable Housing Toolkit: Continue to implement initiatives endorsed as part of
Clarington's Affordable Housing Toolkit, including the use of surplus municipal lands for
non-profit housing. An inventory of available lands will be generated and the
requirements of new developments to provide affordable housing, either through
monetary contributions or land.
Prioritize Applications: Clarington will consider criteria that prioritize applications that
achieve the Municipality's affordability and sustainability objectives and which are an
overall benefit to the community. The proposed criteria to prioritize applications is:
o non-profit housing and long term care facilities,
a applications that provide for a minimum ten percent affordable units,
o applications that incorporate significant sustainable and walkable design
features,
o projects that exceed the minimum parkland and open space requirements to the
benefit of the residents and the broader community, and
o applications on the former Greenbelt lands at Nash and Hancock Roads, in
accordance with provincial direction and timelines.
Standardized Terms of Reference: Staff will create or update terms of reference for
studies required in support of development applications to provide a clear expectation of
requirements and minimize processing time and number of submissions.
Collaboration and Partnerships
• Provincial and Federal Partners: Clarington is committed to collaborating with the
Province (including Metrolinx) and Federal partners to support and implement projects
Page 334
and funding initiatives that support affordable and quality housing, including the timely
development of the Bowmanville and Courtice GO Train Stations.
• Development Industry: The Municipality will continue to foster its collaborative
relationship with the development industry, including regular meetings bi-annually with
the development industry to identify opportunities for mutual improvement to facilitate
the achievement of the housing target.
Monitoring and Reporting
• Key Indicators: Key performance indicators will be developed to inform annual
monitoring reports to Council on the delivery of the target, including (i) number of
registered or draft approved units in the pipeline (ii) length of time units have been
approved without proceeding to the next stage of development (iii) which lands are not
proceeding once approved (iv) number of additional dwelling units (v) number of
refunded application fees, and (vi) OLT appeals based on non -decisions.
• Annual Monitoring Report: Staff will provide a yearly monitoring report to update
Council on the status of initiatives, progress towards Clarington's 13,000 housing unit
target, infrastructure availability, influencing market conditions, opportunities and
challenges, staff resources and any amendments to the pledge that may be required.
• Dormant Application Follow-up: Focus staff resources on applications that are
progressively moving forward, close applications that have been dormant, and allow to
expire those approvals for applications that have not proceeded to building permit. Staff
will contact the developer(s) subsequent to the release of staff's annual housing
monitoring report to encourage them to advance execution of the appropriate
agreements and/or build. Consideration will be given to a measurable deadline for
developers to complete their projects within a two -to -three-year time frame.
External Influencing Factors outside of Clarington's Control
The Pledge and Action Items provided herein is a commitment that the Municipality will strive
to do its part to meet the assigned housing target for Clarington. However, housing markets,
rising interest rates, borrowing requirements, senior government policies, cost of materials,
land values, delivery of public services, labour shortages, and ability for the private sector to
construct the units are outside of the Municipality's control and will influence and affect the
achievement of the target.
With the above in mind, the Municipality of Clarington pledges to the Minister of Municipal
Affairs and Housing to facilitate the construction of 13,000 housing units by 2031.
Mayor Adrian Foster
Page 335
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17th Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
Ministere des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17e etage
Toronto (Ontario) M7A 2J3
Tel.: 416 585-7000
234-2024-527
February 14, 2024
Your Worship
Mayor Adrian Foster
Municipality of Clarington
mayor@clarington.net
Dear Mayor Foster,
Subject: 2023 Housing Targets and Performance — Please treat as confidential
To help achieve our shared goal of building at least 1.5 million homes by 2031, our government
has provided 50 of our largest communities with housing targets. As you are aware,
performance against annualized targets is being used to determine allocations under the new
Building Faster Fund and is also being reported on the Ministry of Municipal Affairs and
Housing's website. We ask that these figures be kept confidential until the Province has
announced them publicly.
With year-end data for 2023 now available, the Ministry has tabulated an assessment of your
municipality's 2023 housing performance. A detailed breakdown is included below:
2023 Program Year
Provincial Target
110,000
Municipality of Clarington Target
953
Municipality of Clarington Actual Performance,
of which:
506 (53% of target)
Housing Starts (CMHC)
Conversions (CMHC)
Long -Term Care Beds (Ontario MLTC)
250
32
224
Performance against the annual housing targets is being evaluated based on housing starts, as
defined and published in the Canada Mortgage and Housing Corporation's (CMHC) Starts and
Completions Survey; conversions as defined in the Conversions and Demolitions Survey (which
includes Additional Residential Units such as basement suites add to existing structures); as
well as Long -Term Care (LTC) beds created in a given calendar year (data provided by the
Ministry of Long -Term Care).
J2
Page 336
-2-
As a reminder, eligibility for the Building Faster Fund (which was first announced on August 21,
2023, and is intended to launch early in the 2024-2025 Fiscal Year for 2023 performance), is
contingent on the following pre -requisite conditions:
1. Your municipality meeting or exceeding 80% of the assigned annual housing target for
each program year (2023, 2024, and 2025), as outlined in the table above;
2. Having responded in writing to my request (dated September 15, 2023) to rank your (or
the Head of Council at the time's) top priority recommendations of the Housing
Affordability Task Force; and
3. Having submitted a council -endorsed pledge or a written commitment from you (or the
Head of Council at the time), to meet the municipality's assigned 2031 housing target.
As detailed above, our records show that your municipality did not meet the 80% threshold for
2023. 1 encourage you to work with your council and other stakeholders on additional efforts to
increase housing supply performance in the coming year and beyond.
Our records also show that:
• We are in receipt of your ranking of Housing Affordability Task Force recommendations.
Your commitment and/or council -endorsed pledge to meet the assigned 2031 target
was submitted.
Given the above, I regret to inform you that the Municipality of Clarington has not met the eligibility
criteria for the Building Faster Fund in 2023. 1 encourage you to work towards eligibility for future
program years.
If you have any questions, please contact my Deputy Minister, Martha Greenberg, at
martha.greenberg@ontario.ca.
I look forward to continuing our work together to ensure that more people can afford a place to
call home.
Minister of Municipal Affairs of Housing
c. Mary -Anne Dempster, CAO, mdempster@clarington.net
June Gallagher, Clerk, jallagher@clarington.net
Hon. Rob Flack, Associate Minister of Housing
Michael Klimuntowski, Chief of Staff, Minister's Office
Martha Greenberg, Deputy Minister
Page 337
February 23, 2024
The Honourable Paul Calandra
Minister of Municipal Affairs and Housing
777 Bay Street, 17th Floor
Toronto, ON M7A 2J3
Re: 2023 Housing Targets and Performance
Dear Minister Calandra:
Thank you for your letter of February 14, 2024, regarding Clarington's 2023 housing
starts performance and eligibility for the Building Faster Fund (BFF).
Clarington is committed to working in partnership with the Province to meet our shared
goal of creating more homes in a responsible and sustainable manner.
I was disappointed to receive your letter indicating that Clarington's year-end data for
2023 had us falling short by a significant margin. In December 2023, Clarington sent a
report to your office illustrating our achievement of 955 starts —exceeding our target.
Those starts were confirmed by our Chief Administrative Officer, Chief Building Official,
and Deputy CAO, Planning and Infrastructure. Clarington has met its 2023 targets as
per the commitment letter that I signed.
I asked our Planning and Building officials to attempt to understand the discrepancy,
and I am left deeply concerned. CMHC's Starts and Completions Survey defines a start
as the beginning of construction work on a building. By this definition, I stand firm that
we have exceeded our target, as our 955 units all had permits issued and inspections
completed in 2023.
It is clear to us that CMHC's indicators are not comprehensive. I can appreciate that this
is a significant undertaking on the part of your government and Ministry staff, so I have
attached the data that demonstrates that 955 units were started in Clarington in 2023 as
per your definition.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 mayor@clarington.net I www.clarington.net
Page 338
Page 2
As an example of the discrepancy, your letter listed 250 Housing Starts —this is clearly
inaccurate, given that two multi -story buildings in Bowmanville, totalling 440 units, were
started and inspected by our Chief Building Official in 2023. These permits were issued
and reported in our August 2023 Monthly Report on Building Permit Activity, sent to
CMHC on September 8, 2023. These buildings have been an active construction site for
several months.
I commend the Province for offering municipalities the ability to access these funds to
drive important projects forward. My council colleagues and I —and our community —
are counting on these funds to allocate to our upcoming Parks, Recreation and Culture
Master Plan, which will include significant investments in infrastructure, amenities and
services that residents need and deserve.
Municipal staff are eager to meet with ministry staff to resolve this matter. I request that
the Ministry please follow up with Carlos Salazar, Deputy CAO, Planning and
Infrastructure, at csalazar@clarington.net.
I look forward to continuing our relationship to meet our shared goals in a fair and
collaborative manner.
Sincerely,
Y_
Adrian Foster
Mayor
Attachments:
Report PDS-069-23: Housing Pledge for 13,000 Units by 2031 — Units Issued and
Starts Update, 2023
Building Permit Summary - 2023 - Inspection Passed
cc: Hon. Rob Flack, Associate Minister of Housing
Michael Klimuntowski, Chief of Staff, Minister's Office
Martha Greenberg, Deputy Minister, MMAH
Todd J. McCarthy, MPP, Durham
David Piccini, MPP, Northumberland —Peterborough South
Mary -Anne Dempster, Chief Administrative Officer
Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
June Gallagher, Clerk, Municipality of Clarington
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 mayor@clarington.net I www.clarington.net
Page 339
-
Addre
BLDG-2023-0933
3327 TRULLS ROAD COURTICE
Issued
2023-12-06
Single -Detached Dwelling
New Construction 1
2
1
2023-12-15
BLDG-2023-0912
27 DARLINGTON BOULEVARD COURTICE
Issued
2023-11-30
Single -Detached Dwelling
New Construction 1
5
4
2023-12-04
BLDG-2023-0815
251 FLOOD AVENUE NEWCASTLE
Issued
2023-10-04
Single -Detached Dwelling
New Construction 1
11
7
2023-09-21
BLDG-2023-0814
147 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-10-02
BLDG-2023-0813
143 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
2
2
2023-10-03
BLDG-2023-0812
139 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-10-03
BLDG-2023-0811
135 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-10-03
BLDG-2023-0810
131 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-10-03
BLDG-2023-0809
190 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
7
5
2023-09-21
BLDG-2023-0808
171 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-09-21
BLDG-2023-0807
159 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-09-21
BLDG-2023-0806
155 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-09-21
BLDG-2023-0805
151 FLOOD AVENUE NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
4
4
2023-09-21
BLDG-2023-0804
1 SALMON CRESCENT NEWCASTLE
Issued
2023-09-27
Single -Detached Dwelling
New Construction 1
7
6
2023-10-11
BLDG-2023-0707
2939 RUNDLE ROAD DARLINGTON
Issued
2023-09-01
Single -Detached Dwelling
New Construction 1
9
6
2023-10-04
BLDG-2023-0626
2739 MAPLE GROVE ROAD DARLINGTON
Issued
2023-10-12
Single -Detached Dwelling
New Construction 1
9
2
2023-09-21
BLDG-2023-0624
6765 LOWERY ROAD CLARKE
Issued
2023-11-14
Single -Detached Dwelling
New Construction 1
10
2
2024-01-05
BLDG-2023-0527
4196 CONCESSION RD 4 CLARKE
Issued
2023-08-08
Single -Detached Dwelling
New Construction 1
5
2
2023-08-17
BLDG-2023-0526
39 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
5
5
2023-08-10
BLDG-2023-0525
247 FLOOD AVENUE NEWCASTLE
Issued
2023-07-24
Single -Detached Dwelling
New Construction 1
8
5
2023-08-30
BLDG-2023-0524
243 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
8
4
2023-08-28
BLDG-2023-0523
227 FLOOD AVENUE NEWCASTLE
Issued
2023-09-18
Single -Detached Dwelling
New Construction 1
3
2
2023-08-17
BLDG-2023-0522
63 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
11
10
2023-07-20
BLDG-2023-0521
71 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
10
7
2023-07-20
BLDG-2023-0520
75 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
12
10
2023-07-26
BLDG-2023-0519
79 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
12
9
2023-07-26
BLDG-2023-0518
83 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
9
7
2023-07-26
BLDG-2023-0517
95 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
15
11
2023-08-03
BLDG-2023-0516
99 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
13
10
2023-08-03
BLDG-2023-0515
103 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-24
Single -Detached Dwelling
New Construction 1
12
9
2023-08-03
BLDG-2023-0514
214 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
10
6
2023-08-03
BLDG-2023-0513
15 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
4
3
2023-08-02
BLDG-2023-0512
19 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
12
9
2023-08-02
BLDG-2023-0511
23 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
11
7
2023-08-01
BLDG-2023-0510
142 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
4
4
2023-08-21
BLDG-2023-0509
246 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
5
2023-08-03
BLDG-2023-0508
238 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
6
2023-08-03
BLDG-2023-0507
234 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
4
4
2023-08-03
BLDG-2023-0506
226 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
3
3
2023-08-03
BLDG-2023-0505
222 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
4
4
2023-08-03
BLDG-2023-0504
199 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
2
2
2023-08-15
BLDG-2023-0503
195 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
11
8
2023-08-15
BLDG-2023-0502
187 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
8
6
2023-08-15
BLDG-2023-0501
183 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
11
6
2023-08-14
BLDG-2023-0500
207 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
9
6
2023-08-15
BLDG-2023-0499
215 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
6
2023-08-17
BLDG-2023-0498
50 BELMONT DRIVE NEWCASTLE
Issued
2023-07-24
Single -Detached Dwelling
New Construction 1
7
5
2023-08-09
BLDG-2023-0497
156 BELMONT DRIVE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
6
2023-08-09
BLDG-2023-0496
35 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
6
5
2023-08-11
BLDG-2023-0494
31 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
5
2023-08-11
BLDG-2023-0493
27 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
5
2023-08-09
BLDG-2023-0492
23 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
3
3
2023-08-09
BLDG-2023-0491
19 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
5
5
2023-08-09
BLDG-2023-0490
15 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
6
5
2023-08-09
BLDG-2023-0489
11 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
6
2023-08-09
BLDG-2023-0488
7 SALMON CRESCENT NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
7
6
2023-08-09
BLDG-2023-0487
239 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
8
5
2023-08-28
BLDG-2023-0486
235 FLOOD AVENUE NEWCASTLE
Issued
2023-07-24
Single -Detached Dwelling
New Construction 1
4
4
2023-08-28
BLDG-2023-0485
231 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
4
4
2023-08-25
BLDG-2023-0484
223 FLOOD AVENUE NEWCASTLE
Issued
2023-07-24
Single -Detached Dwelling
New Construction 1
7
6
2023-08-17
BLDG-2023-0483
191 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
9
8
2023-08-14
BLDG-2023-0482
179 FLOOD AVENUE NEWCASTLE
Issued
2023-07-19
Single -Detached Dwelling
New Construction 1
10
7
2023-08-14
BLDG-2023-0479
175 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
10
7
2023-08-14
BLDG-2023-0478
203 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
10
9
2023-08-15
BLDG-2023-0477
211 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
9
7
2023-08-15
BLDG-2023-0476
219 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
6
4
2023-08-17
BLDG-2023-0475
1 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
15
12
2023-08-17
BLDG-2023-0474
7 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
10
7
2023-08-04
BLDG-2023-0473
11 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
9
5
2023-08-04
BLDG-2023-0472
138 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
4
3
2023-08-21
BLDG-2023-0471
146 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
4
4
2023-08-21
BLDG-2023-0470
150 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
4
4
2023-08-22
BLDG-2023-0469
154 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
4
4
2023-08-22
BLDG-2023-0468
158 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached Dwelling
New Construction 1
3
3
2023-08-22
Page 340
BLDG-2023-0467
162 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
3
3
2023-08-22
BLDG-2023-0466
166 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
3
3
2023-08-22
BLDG-2023-0465
170 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
4
4
2023-08-22
BLDG-2023-0464
174 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
6
5
2023-08-25
BLDG-2023-0463
178 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
5
4
2023-08-25
BLDG-2023-0462
182 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
7
4
2023-08-25
BLDG-2023-0461
186 FLOOD AVENUE NEWCASTLE
Issued
2023-07-20
Single -Detached
Dwelling
New
Construction 1
8
6
2023-08-25
BLDG-2023-0426
242 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
7
5
2023-08-03
BLDG-2023-0425
230 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
4
4
2023-08-03
BLDG-2023-0424
58 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
4
4
2023-08-04
BLDG-2023-0423
54 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
7
4
2023-08-04
BLDG-2023-0413
160 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
7
6
2023-08-09
BLDG-2023-0412
62 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
10
9
2023-07-12
BLDG-2023-0411
66 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
12
7
2023-07-12
BLDG-2023-041C
70 BELMONT DRIVE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
11
8
2023-07-12
BLDG-2023-0409
67 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
12
9
2023-07-18
BLDG-2023-0408
87 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
5
4
2023-08-03
BLDG-2023-0407
91 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
12
10
2023-08-03
BLDG-2023-0406
107 NORTHROP AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
23
14
2023-08-10
BLDG-2023-0405
218 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
5
4
2023-08-03
BLDG-2023-0404
210 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
7
7
2023-08-03
BLDG-2023-0403
206 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
10
7
2023-08-03
BLDG-2023-0402
202 FLOOD AVENUE NEWCASTLE
Issued
2023-07-07
Single -Detached
Dwelling
New
Construction 1
17
10
2023-08-03
BLDG-2023-0297
6120 WERRY ROAD DARLINGTON
Issued
2023-07-05
Single -Detached
Dwelling
New
Construction 1
14
12
2023-07-17
BLDG-2023-0272
3201 RUNDLE ROAD DARLINGTON
Issued
2023-10-27
Single -Detached
Dwelling
New
Construction 1
6
2
2023-11-06
BLDG-2023-021C
2033 NASH ROAD DARLINGTON
Issued
2023-04-25
Single -Detached
Dwelling
New
Construction 1
14
4
2023-07-20
BLDG-2023-0193
1800 CONCESSION RD 10 DARLINGTON
Issued
2023-03-09
Single -Detached
Dwelling
New
Construction 1
11
5
2023-04-06
BLDG-2023-0179
42 BROOME AVENUE COURTICE
Closed
2023-04-13
Single -Detached
Dwelling
New
Construction 1
21
13
2023-05-01
BLDG-2023-0178
30 BROOME AVENUE COURTICE
Issued
2023-04-13
Single -Detached
Dwelling
New
Construction 1
23
16
2023-05-01
BLDG-2023-0175
4326 OLD SCUGOG ROAD DARLINGTON
Issued
2023-06-12
Single -Detached
Dwelling
New
Construction 1
13
7
2023-07-24
BLDG-2023-0173
38 BROOME AVENUE COURTICE
Closed
2023-04-13
Single -Detached
Dwelling
New
Construction 1
20
14
2023-05-01
BLDG-2023-0172
34 BROOME AVENUE COURTICE
Issued
2023-04-13
Single -Detached
Dwelling
New
Construction 1
19
13
2023-05-01
BLDG-2023-0107
107 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-12
Single -Detached
Dwelling
New
Construction 1
21
16
2023-05-05
BLDG-2023-008C
17 JONES AVENUE NEWTONVILLE
Closed
2023-03-16
Single -Detached
Dwelling
New
Construction 1
16
9
2023-05-10
BLDG-2023-007C
845 TOWNLINE ROAD N DARLINGTON
Issued
2023-05-16
Single -Detached
Dwelling
New
Construction 1
13
10
2023-05-29
BLDG-2023-0065
74 BELMONT DRIVE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
13
7
2023-05-25
BLDG-2023-0064
78 BELMONT DRIVE NEWCASTLE
Closed
2023-04-27
Single -Detached
Dwelling
New
Construction 1
14
10
2023-05-25
BLDG-2023-0063
82 BELMONT DRIVE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
19
10
2023-05-25
BLDG-2023-0062
106 NORTHROP AVENUE NEWCASTLE
Closed
2023-04-27
Single -Detached
Dwelling
New
Construction 1
23
16
2023-06-15
BLDG-2023-0061
102 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached
Dwelling
New
Construction 1
25
15
2023-05-10
BLDG-2023-006C
98 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
21
17
2023-05-10
BLDG-2023-0059
94 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
23
14
2023-05-10
BLDG-2023-0058
90 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
22
14
2023-05-10
BLDG-2023-0057
86 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-25
Single -Detached
Dwelling
New
Construction 1
7
6
2023-05-01
BLDG-2023-0056
82 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached
Dwelling
New
Construction 1
21
15
2023-05-01
BLDG-2023-0055
78 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached
Dwelling
New
Construction 1
23
15
2023-05-01
BLDG-2023-0054
74 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached
Dwelling
New
Construction 1
15
11
2023-05-01
BLDG-2023-0053
70 NORTHROP AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached
Dwelling
New
Construction 1
21
16
2023-05-01
BLDG-2023-0052
66 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached
Dwelling
New
Construction 1
15
7
2023-05-01
BLDG-2023-0051
62 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached
Dwelling
New
Construction 1
21
11
2023-05-01
BLDG-2023-005C
27 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
11
9
2023-07-05
BLDG-2023-0049
31 ALEX KNOTT DRIVE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
18
11
2023-07-05
BLDG-2023-0048
134 FLOOD AVENUE NEWCASTLE
Issued
2023-05-04
Single -Detached
Dwelling
New
Construction 1
13
7
2023-08-21
BLDG-2023-0047
55 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
5
3
2023-07-05
BLDG-2023-0046
51 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached
Dwelling
New
Construction 1
15
13
2023-07-05
BLDG-2023-0045
47 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
19
13
2023-07-05
BLDG-2023-0044
43 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
15
12
2023-07-05
BLDG-2023-0043
39 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
14
12
2023-07-05
BLDG-2023-0042
35 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
12
10
2023-07-05
BLDG-2023-0041
31 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
12
9
2023-07-05
BLDG-2023-004C
27 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
4
3
2023-07-05
BLDG-2023-0039
23 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-27
Single -Detached
Dwelling
New
Construction 1
10
7
2023-07-05
BLDG-2023-0038
19 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-04
Single -Detached
Dwelling
New
Construction 1
17
11
2023-07-05
BLDG-2023-0037
15 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-04
Single -Detached
Dwelling
New
Construction 1
10
7
2023-07-11
BLDG-2023-0036
11 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached
Dwelling
New
Construction 1
19
16
2023-07-11
BLDG-2023-0035
7 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-04
Single -Detached
Dwelling
New
Construction 1
20
15
2023-07-11
BLDG-2023-0034
1 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached
Dwelling
New
Construction 1
14
12
2023-07-11
BLDG-2023-0033
2 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached
Dwelling
New
Construction 1
12
6
2023-05-31
BLDG-2023-0032
6 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
21
15
2023-05-31
BLDG-2023-0031
10 NORTHROP AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached
Dwelling
New
Construction 1
13
7
2023-05-31
BLDG-2023-003C
14 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
23
14
2023-05-31
BLDG-2023-0029
18 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
20
14
2023-05-31
BLDG-2023-0028
22 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached
Dwelling
New
Construction 1
26
16
2023-05-31
BLDG-2023-0027
26 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-25
Single -Detached
Dwelling
New
Construction 1
5
4
2023-04-26
BLDG-2023-0026
30 NORTHROP AVENUE NEWCASTLE
Closed
2023-04-25
Single -Detached
Dwelling
New
Construction 1
24
15
2023-04-26
Page 341
BLDG-2023-0025
34 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached Dwelling
New Construction
1
26
13
2023-05-31
BLDG-2023-0024
38 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-25
Single -Detached Dwelling
New Construction
1
17
13
2023-04-26
BLDG-2023-0023
42 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached Dwelling
New Construction
1
24
15
2023-05-31
BLDG-2023-0022
46 NORTHROP AVENUE NEWCASTLE
Closed
2023-04-25
Single -Detached Dwelling
New Construction
1
27
17
2023-05-31
BLDG-2023-0021
50 NORTHROP AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached Dwelling
New Construction
1
26
21
2023-05-25
BLDG-2023-0020
54 NORTHROP AVENUE NEWCASTLE
Issued
2023-04-25
Single -Detached Dwelling
New Construction
1
8
5
2023-04-26
BLDG-2022-0935
86 BELMONT DRIVE NEWCASTLE
Issued
2023-04-24
Single -Detached Dwelling
New Construction
1
4
4
2023-05-05
BLDG-2022-0934
1 ED EWERT AVENUE NEWCASTLE
Issued
2023-05-08
Single -Detached Dwelling
New Construction
1
12
10
2023-04-21
BLDG-2022-0933
11 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
18
13
2023-05-17
BLDG-2022-0932
19 ED EWERT AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached Dwelling
New Construction
1
11
9
2023-05-17
BLDG-2022-0931
23 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
19
13
2023-05-17
BLDG-2022-0930
27 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
26
14
2023-05-17
BLDG-2022-0929
31 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
18
13
2023-05-12
BLDG-2022-0928
35 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
18
12
2023-05-12
BLDG-2022-0927
43 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
19
10
2023-05-12
BLDG-2022-0926
47 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
19
13
2023-05-12
BLDG-2022-0925
51 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
20
14
2023-05-12
BLDG-2022-0924
55 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
18
12
2023-05-12
BLDG-2022-0921
63 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
23
16
2023-05-01
BLDG-2022-0920
67 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
24
16
2023-05-01
BLDG-2022-0919
71 ED EWERT AVENUE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
25
15
2023-05-01
BLDG-2022-0918
75 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
19
13
2023-05-01
BLDG-2022-0917
79 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
18
12
2023-05-08
BLDG-2022-0916
83 ED EWERT AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached Dwelling
New Construction
1
20
14
2023-05-03
BLDG-2022-0915
87 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
22
15
2023-05-08
BLDG-2022-0914
91 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
20
15
2023-05-02
BLDG-2022-0913
95 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
20
14
2023-05-05
BLDG-2022-0912
99 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-24
Single -Detached Dwelling
New Construction
1
25
16
2023-05-04
BLDG-2022-0911
103 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
28
18
2023-05-05
BLDG-2022-0910
39 ED EWERT AVENUE NEWCASTLE
Issued
2023-04-24
Single -Detached Dwelling
New Construction
1
22
15
2023-05-12
BLDG-2022-0909
15 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
20
14
2023-05-17
BLDG-2022-0908
7 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
21
16
2023-05-17
BLDG-2022-0893
90 BELMONT DRIVE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
18
13
2023-05-05
BLDG-2022-0892
94 BELMONT DRIVE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
21
17
2023-05-05
BLDG-2022-0891
98 BELMONT DRIVE NEWCASTLE
Issued
2023-05-04
Single -Detached Dwelling
New Construction
1
9
7
2023-05-18
BLDG-2022-0890
102 BELMONT DRIVE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
21
14
2023-05-18
BLDG-2022-0889
106 BELMONT DRIVE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
29
16
2023-05-18
BLDG-2022-0888
110 BELMONT DRIVE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
20
15
2023-05-18
BLDG-2022-0887
106 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
17
14
2023-04-27
BLDG-2022-0886
62 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
16
13
2023-04-24
BLDG-2022-0877
33 ROSE CRESCENT NEWTONVILLE
Closed
2023-02-06
Single -Detached Dwelling
New Construction
1
13
8
2023-03-02
BLDG-2022-0876
34 ROSE CRESCENT NEWTONVILLE
Issued
2023-02-06
Single -Detached Dwelling
New Construction
1
6
2
2023-09-20
BLDG-2022-0850
102 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
21
16
2023-04-13
BLDG-2022-0849
98 ED EWERT AVENUE NEWCASTLE
Issued
2023-02-14
Single -Detached Dwelling
New Construction
1
12
10
2023-04-13
BLDG-2022-OW
94 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
13
12
2023-04-13
BLDG-2022-0847
90 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
17
12
2023-04-13
BLDG-2022-0846
86 ED EWERT AVENUE NEWCASTLE
Issued
2023-02-14
Single -Detached Dwelling
New Construction
1
14
10
2023-04-13
BLDG-2022-OW
82 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
16
13
2023-04-13
BLDG-2022-0844
78 ED EWERT AVENUE NEWCASTLE
Issued
2023-02-14
Single -Detached Dwelling
New Construction
1
12
8
2023-04-13
BLDG-2022-0843
74 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
20
15
2023-04-13
BLDG-2022-0842
70 ED EWERT AVENUE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
17
13
2023-04-27
BLDG-2022-0841
66 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
21
15
2023-04-13
BLDG-2022-0840
2 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
15
12
2023-05-17
BLDG-2022-0839
6 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-14
Single -Detached Dwelling
New Construction
1
13
12
2023-04-11
BLDG-2022-0838
10 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-13
Single -Detached Dwelling
New Construction
1
16
13
2023-04-11
BLDG-2022-0837
14 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
16
12
2023-04-21
BLDG-2022-0835
18 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-13
Single -Detached Dwelling
New Construction
1
23
17
2023-04-11
BLDG-2022-0834
22 ED EWERT AVENUE NEWCASTLE
Closed
2023-02-13
Single -Detached Dwelling
New Construction
1
18
15
2023-04-11
BLDG-2022-0832
26 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
24
15
2023-04-20
BLDG-2022-0831
30 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
19
16
2023-04-24
BLDG-2022-0830
34 ED EWERT AVENUE NEWCASTLE
Closed
2023-12-20
Single -Detached Dwelling
New Construction
1
16
14
2023-04-11
BLDG-2022-0829
38 ED EWERT AVENUE NEWCASTLE
Closed
2023-04-21
Single -Detached Dwelling
New Construction
1
18
13
2023-04-21
BLDG-2022-0827
42 ED EWERTAVENUE NEWCASTLE
Closed
2023-02-13
Single -Detached Dwelling
New Construction
1
18
14
2023-04-11
BLDG-2022-0826
46 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
16
13
2023-05-04
BLDG-2022-0825
50 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-04
Single -Detached Dwelling
New Construction
1
18
13
2023-05-04
BLDG-2022-0824
54 ED EWERT AVENUE NEWCASTLE
Closed
2023-05-08
Single -Detached Dwelling
New Construction
1
21
14
2023-05-04
BLDG-2022-0823
179 GRADY DRIVE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
17
14
2023-04-04
BLDG-2022-0822
175 GRADY DRIVE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
20
14
2023-04-04
BLDG-2022-0821
171 GRADY DRIVE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
19
13
2023-04-04
BLDG-2022-0820
167 GRADY DRIVE NEWCASTLE
Closed
2023-03-23
Single -Detached Dwelling
New Construction
1
18
14
2023-04-04
BLDG-2022-0792
3301 TRULLS ROAD COURTICE
Issued
2023-04-06
Single -Detached Dwelling
New Construction
1
13
10
2023-05-02
BLDG-2022-0710
12 BRADLEY BOULEVARD MITCHELL CORNERS
Issued
2023-03-17
Single -Detached Dwelling
New Construction
1
14
9
2023-05-26
BLDG-2022-0517
270 MILL STREET N NEWCASTLE
Issued
2023-06-14
Single -Detached Dwelling
New Construction
1
5
3
2023-08-30
BLDG-2021-1130
50 CLARKE STREET NEWCASTLE
Issued
2023-04-03
Single -Detached Dwelling
New Construction
1
5
3
2023-07-14
BLDG-2021-1097
51 CLARINGTON BOULEVARD BOWMANVILLE
Issued
2023-08-18
Apartment Building
New Construction
307
4
1
2023-07-11
BLDG-2021-0641
12 FOURTH STREET BOWMANVILLE
Issued
2023-03-24
Single -Detached Dwelling
New Construction
1
22
6
2023-05-30
BLDG-2021-0531
55 CLARINGTON BOULEVARD BOWMANVILLE
Issued
2023-08-18
Apartment Building
New Construction
133
132
2
2023-04-25
3,059
2,060
664
Page 342
BLDG-2023-0930
72 FRED JACKMAN AVENUE BOWMANVILLE
Issued
2023-11-14
Additional Residential Unit
Alteration/Repair
1
17
4
2023-12-11
BLDG-2023-0917
87 SUMERSFORD DRIVE BOWMANVILLE
Issued
2023-10-24
Additional Residential Unit
Alteration/Repair
1
15
3
2023-12-20
BLDG-2023-0863
183 COURTNEY STREET BOWMANVILLE
Issued
2023-11-23
Additional Residential Unit
Alteration/Repair
1
12
6
2023-11-28
BLDG-2023-0859
203 EDWARD STREET W NEWCASTLE
Under Review
2023-12-01
Additional Residential Unit
Alteration/Repair
1
12
2
2024-01-11
BLDG-2023-0844
165 EAST SHORE DRIVE BOWMANVILLE
Issued
2023-11-16
Additional Residential Unit
Alteration/Repair
1
10
3
2024-02-02
BLDG-2023-0842
1429 NASH ROAD COURTICE
Issued
2023-11-14
Additional Residential Unit
New Construction
1
3
3
2023-11-21
BLDG-2023-0819
6 CARLSON PLACE BOWMANVILLE
Issued
2023-10-12
Additional Residential Unit
Alteration/Repair
1
9
6
2023-11-03
BLDG-2023-0742
131 ONTARIO STREET BOWMANVILLE
Under Review
2023-09-27
Additional Residential Unit
Alteration/Repair
1
2
1
2023-11-10
BLDG-2023-0724
7 SECOND STREET BOWMANVILLE
Issued
2023-11-01
Additional Residential Unit
Alteration/Repair
1
18
7
2023-11-15
BLDG-2023-0706
23 KINGSVIEW COURT COURTICE
Closed
2023-09-20
Additional Residential Unit
Alteration/Repair
1
22
9
2023-10-13
BLDG-2023-0670
10 DUKE STREET BOWMANVILLE
Issued
2023-09-14
Additional Residential Unit
Alteration/Repair
1
4
1
2023-12-14
BLDG-2023-0669
14 DUKE STREET BOWMANVILLE
Issued
2023-09-14
Additional Residential Unit
Alteration/Repair
1
4
1
2023-12-14
BLDG-2023-0661
4660 FICES ROAD DARLINGTON
Issued
2023-09-26
Additional Residential Unit
New Construction
1
2
1
2023-11-20
BLDG-2023-0645
138 QUEEN STREET BOWMANVILLE
Issued
2023-08-11
Additional Residential Unit
Alteration/Repair
2
3
1
2023-12-19
BLDG-2023-0638
158 JENNINGS DRIVE BOWMANVILLE
Issued
2023-09-25
Additional Residential Unit
Alteration/Repair
1
6
2
2024-01-15
BLDG-2023-0625
5805 SOLINA ROAD SOLINA
Issued
2023-09-19
Additional Residential Unit
New Construction
1
4
2
2023-09-27
BLDG-2023-0619
1 DUDLEY COURT COURTICE
Issued
2023-08-16
Additional Residential Unit
Alteration/Repair
1
5
2
2023-08-30
BLDG-2023-0604
42 NODEN CRESCENT NEWCASTLE
Under Review
2023-07-26
Additional Residential Unit
Alteration/Repair
1
12
1
2024-01-22
BLDG-2023-0563
139 WOOLACOTT LANE BOWMANVILLE
Issued
2023-07-31
Additional Residential Unit
Alteration/Repair
1
16
9
2023-08-28
BLDG-2023-0542
133 DOUGLAS KEMP CRESCENT BOWMANVILLE
Issued
2023-09-08
Additional Residential Unit
Alteration/Repair
1
26
3
2023-11-07
BLDG-2023-0538
1932 CONCESSION RD 6 SOLINA
Issued
2023-08-17
Additional Residential Unit
New Construction
1
8
3
2023-09-11
BLDG-2023-0537
199 NORTHGLEN BOULEVARD BOWMANVILLE
Closed
2023-07-31
Additional Residential Unit
Alteration/Repair
1
18
9
2023-08-29
BLDG-2023-0535
1580 HIGHWAY 2 COURTICE
Issued
2023-10-17
Additional Residential Unit
Alteration/Repair
1
6
2
2023-11-20
BLDG-2023-0455
239 GLENABBEY DRIVE COURTICE
Issued
2023-07-28
Additional Residential Unit
Alteration/Repair
1
2
1
2023-08-18
BLDG-2023-0421
51 JENNINGS DRIVE BOWMANVILLE
Issued
2023-11-02
Additional Residential Unit
Alteration/Repair
1
3
2
2024-01-29
BLDG-2023-0364
48 JACKMAN ROAD BOWMANVILLE
Issued
2023-06-26
Additional Residential Unit
New Construction
1
17
3
2023-07-03
BLDG-2023-0334
62 IRELAND STREET BOWMANVILLE
Closed
2023-11-17
Additional Residential Unit
Alteration/Repair
1
30
7
2023-09-11
BLDG-2023-0323
8 BURK COURT BOWMANVILLE
Issued
2023-05-11
Additional Residential Unit
Alteration/Repair
1
8
3
2023-09-21
BLDG-2023-0317
3589 TOOLEY ROAD DARLINGTON
Issued
2023-05-24
Additional Residential Unit
Alteration/Repair
1
22
6
2023-09-22
BLDG-2023-0308
218 BRUCE CAMERON DRIVE BOWMANVILLE
Closed
2023-07-12
Additional Residential Unit
Alteration/Repair
1
22
8
2023-08-22
BLDG-2023-0266
5 BRUNTSFIELD STREET COURTICE
Closed
2023-05-01
Additional Residential Unit
Alteration/Repair
1
26
11
2023-06-07
BLDG-2023-0234
1641 TAUNTON ROAD MITCHELL CORNERS
Issued
2023-03-27
Additional Residential Unit
Alteration/Repair
1
7
6
2023-04-06
BLDG-2023-0222
29 RONALD HOOPER AVENUE BOWMANVILLE
Issued
2023-04-14
Additional Residential Unit
Alteration/Repair
1
14
6
2023-06-26
BLDG-2023-0216
132 HIGH STREET BOWMANVILLE
Issued
2023-08-03
Additional Residential Unit
New Construction
1
3
2
2023-08-14
BLDG-2023-0213
59 ARTHUR MCLAUGHLIN STREET BOWMANVILLE
Closed
2023-03-28
Additional Residential Unit
Alteration/Repair
1
13
7
2023-05-29
BLDG-2023-0200
33 FORRESTER DRIVE BOWMANVILLE
Closed
2023-03-20
Additional Residential Unit
Alteration/Repair
1
23
11
2023-08-16
BLDG-2023-0198
26 ARTHUR MCLAUGHLIN STREET BOWMANVILLE
Closed
2023-03-23
Additional Residential Unit
Alteration/Repair
1
15
8
2023-03-31
BLDG-2023-0195
4705 CONCESSION RD 6 CLARKE
Issued
2023-04-03
Additional Residential Unit
Alteration/Repair
1
11
3
2023-06-26
BLDG-2023-0189
605 LONGWORTH AVENUE BOWMANVILLE
Issued
2023-06-02
Additional Residential Unit
Alteration/Repair
1
14
3
2023-07-07
BLDG-2023-0187
7 SUNICREST COURT BOWMANVILLE
Issued
2023-04-11
Additional Residential Unit
Alteration/Repair
1
8
6
2023-05-11
BLDG-2023-0169
59 WHITEHAND DRIVE NEWCASTLE
Closed
2023-03-30
Additional Residential Unit
Alteration/Repair
1
28
7
2023-07-26
BLDG-2023-0163
191 LYLE DRIVE BOWMANVILLE
Issued
2023-03-20
Additional Residential Unit
Alteration/Repair
1
10
4
2023-04-25
BLDG-2023-0106
204 BOTTRELL STREET BOWMANVILLE
Closed
2023-02-27
Additional Residential Unit
Alteration/Repair
1
24
6
2023-05-15
BLDG-2023-0098
15 MCLELLAN DRIVE COURTICE
Issued
2023-02-24
Additional Residential Unit
Alteration/Repair
1
4
4
2023-03-06
BLDG-2023-0088
154 LYLE DRIVE BOWMANVILLE
Issued
2023-02-08
Additional Residential Unit
Alteration/Repair
1
15
1
2024-01-31
BLDG-2023-0074
11 CHURCH STREET BOWMANVILLE
Issued
2023-03-06
Additional Residential Unit
New Construction
1
21
10
2023-05-26
BLDG-2023-0072
1672 NASH ROAD COURTICE
Closed
2023-02-03
Additional Residential Unit
Alteration/Repair
1
17
11
2023-02-17
BLDG-2023-0067
52 QUEEN STREET BOWMANVILLE
Issued
2023-08-15
Additional Residential Unit
Alteration/Repair
1
9
3
2023-09-05
BLDG-2023-0016
39 CORNISH DRIVE COURTICE
Closed
2023-01-26
Additional Residential Unit
Alteration/Repair
1
18
9
2023-02-21
BLDG-2022-0964
14 CALE AVENUE COURTICE
Issued
2023-03-24
Additional Residential Unit
Alteration/Repair
1
2
1
2023-10-10
BLDG-2022-0957
9 DUKE STREET BOWMANVILLE
Closed
2023-01-12
Additional Residential Unit
Alteration/Repair
1
12
8
2023-01-13
BLDG-2022-0956
32 BONATHON CRESCENT BOWMANVILLE
Issued
2023-05-26
Additional Residential Unit
Alteration/Repair
1
18
7
2023-10-13
BLDG-2022-0954
B 11 DUKE STREET BOWMANVILLE
Closed
2023-01-12
Additional Residential Unit
Alteration/Repair
1
16
8
2023-01-13
BLDG-2022-0951
187 COURTNEY STREET BOWMANVILLE
Issued
2023-03-13
Additional Residential Unit
Alteration/Repair
1
3
1
2023-09-06
BLDG-2022-0946
8 PARKWAY CRESCENT BOWMANVILLE
Issued
2023-02-17
Additional Residential Unit
Alteration/Repair
1
9
4
2023-05-16
BLDG-2022-0907
3695 CONCESSION RD 3 CLARKE
Issued
2023-01-13
Additional Residential Unit
New Construction
1
10
5
2023-07-05
BLDG-2022-0903
155 RONALD HOOPER AVENUE BOWMANVILLE
Closed
2023-02-08
Additional Residential Unit
Alteration/Repair
1
23
10
2023-03-15
BLDG-2022-0896
140 COURTNEY STREET BOWMANVILLE
Closed
2023-01-03
Additional Residential Unit
New Construction
1
26
8
2023-05-23
BLDG-2022-0880
127 ONTARIO STREET BOWMANVILLE
Issued
2023-02-07
Additional Residential Unit
Alteration/Repair
1
9
1
2023-06-19
BLDG-2022-0858
152 KENNETH COLE DRIVE BOWMANVILLE
Issued
2023-05-10
Additional Residential Unit
Alteration/Repair
1
10
4
2023-08-14
BLDG-2022-0855
59 PURDY PLACE BOWMANVILLE
Closed
2023-02-03
Additional Residential Unit
Alteration/Repair
1
9
7
2023-03-29
BLDG-2022-0736
23 KILPATRICK COURT BOWMANVILLE
Closed
2023-06-12
Additional Residential Unit
Alteration/Repair
1
15
7
2023-06-13
BLDG-2022-0695
69 SCUGOG STREET BOWMANVILLE
Closed
2023-04-14
Additional Residential Unit
Alteration/Repair
1
28
14
2023-09-05
BLDG-2022-0676
22 FLOOD AVENUE NEWCASTLE
Issued
2023-01-26
Additional Residential Unit
Alteration/Repair
1
13
4
2023-03-03
BLDG-2022-0560
51 SAILORS LANDING BOWMANVILLE
Issued
2023-05-10
Additional Residential Unit
Alteration/Repair
1
11
3
2023-07-07
BLDG-2022-0303
75 DOUGLAS KEMP CRESCENT BOWMANVILLE
Issued
2023-03-20
Additional Residential Unit
Alteration/Repair
1
3
1
2023-07-18
852
322
Page 343
BLDG-2023-0249 285 BOSWELL DRIVE BOWMANVILLE Issued 2023-08-04 Long -Term Care Facility New Construction 224 13 2 2023-11-21
Page 344
Numbers Discrepancy for Clarington High -Rise Buildings
51 and 55 Clarington Boulevard
Address
Units
Foundation Permit
Full Permit Issued
Date of footings
Considered
Issued
inspection by
"started" by CMHC
Clarington
55 Clarington Boulevard
133
August 19, 2022
August 18, 2023,
April 25, 2023
November 2022
51 Clarington Boulevard
307
October 7, 2022
August 18, 2023
July 11, 2023
January 2024
Page 345
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17"' Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
March 27, 2024
Your Worship
Mayor Adrian Foster
Municipality of Clarington
HAnderson clarin ton.net
Dear Mayor Foster:
Ministere desl
Affaires municipales
et du Logement
Bureau du ministre Ontario
777, rue Bay, 171 elage
Toronto (Ontario) M7A 2J3
Tel.: 416 585-7000
234-2024-904
Thank you for your recent correspondence regarding the Building Faster Fund and the
tracking of Clarington's 2023 housing starts. I appreciate the time you have taken to
write, and I appreciate your support for our joint goal of building at least 1.5 million
homes by 2031.
We are focusing on removing red tape for our partners, supporting municipalities, and
making investments in housing -enabling infrastructure so that more homes can be built
faster.
We have heard from many municipalities that your biggest obstacle in building homes is
infrastructure. That is why we are making historic investments in housing- and
community -enabling infrastructure to get more homes built across the province,
including the Building Faster Fund and the Ontario Community Infrastructure Fund. In
addition, Premier Ford recently announced a new $1 billion Municipal Housing
Infrastructure Program as well as a quadrupling of the provincial Housing -Enabling
Water Systems Fund to $825 million. More information about the new program,
including eligibility and application intake details, will be announced later this year.
I know that municipalities, including the Municipality of Clarington, have undertaken
significant initiatives to implement and complement provincial actions and get more
shovels in the ground, faster.
The Building Faster Fund assesses performance against housing targets using new
housing starts, as well as new and upgraded long-term care beds and additional
residential units created by renovating or converting existing residential and non-
residential buildings to residential uses.
Page 346
12
-2-
As communicated in my letter on February 14, 2024, if the municipality does not reach
at least 80 percent of their housing target in a calendar year through these combined
numbers, it is not eligible for a funding allocation through the Building Faster Fund.
Having met approximately 53% of its assigned housing target for 2023 (inclusive of
these three data sources), the Municipality of Clarington is regrettably not eligible to
receive funding for 2023-24.
1 note your concerns with the use of Canada Mortgage and Housing Corporation
(CMHC) data to assess eligibility for the Building Faster Fund. As my ministry measures
progress towards meeting housing targets, we need to use consistent, validated, and
regularly published data for all municipalities across the province. Further, a permit is
not a shovel in the ground or a home to live in.
CMHC uses a consistent methodology nationally and publishes data for starts and
conversions on a monthly basis. CMHC also has a very robust data collection and
verification system that ensures that units counted as a start have actually begun
construction (usually defined by the pouring of a foundation). Potential construction sites
are first identified through building permit data. CMHC staff then visit the sites to confirm
that new residential units have reached set stages in the construction process. Other
approaches are also used (e.g., local sources, other field enumeration procedures)
where there are no building permits.
Given the above, we will continue to use CMHC housing starts and conversions data (in
addition to long-term care data provided by the Ministry of Long -Term Care) to track
progress for the purposes of evaluating performance for the Building Faster Fund. All
municipalities are judged by the same metrics, and we applaud those that are meeting
or exceeding targets.
1 also note your concerns with CMHC's tracking of housing starts data in your
municipality and possible discrepancies with municipal data. My ministry is working with
Association of Municipalities of Ontario and the City of Toronto to develop a coordinated
process to engage CMHC on questions and issues associated with housing starts and
conversions data such as those that you have identified. We will consider the issues
you have identified as part of the process and look forward to working with your
municipality to resolve any outstanding questions or issues you may have.
Once again, thank you for writing and sharing your thoughts with us. We remain ready
and willing to work with municipalities to meet their housing pledges and address
Ontario's housinq'-cwis. Please accept my best wishes.
Si
Hon. Paul Calandra
Minister of Municipal Affairs and Housing
Page 347
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: PUB-009-24
Submitted By:
Reviewed By:
Authored by:
File Number:
Lee -Ann Reck, Deputy CAO, Public Services
Mary -Anne Dempster, CAO Resolution#:
George Acorn, Director Community Services
By-law Number:
Report Subject: Orono Town Hall 125th Anniversary — Funding Request
Recommendations:
1. That Report PUB-009-24, and any related delegations or communication items, be
received;
2. That funds in the amount of $ be approved in response to the funding
request from the Orono Town Hall Board to assist with the events identified as part
of their 125t" anniversary, with funding sources at the discretion of the Deputy CAO,
Finance and Technology/Treasurer as outlined in Report PUB-009-24; and
M
That the funding request from the Orono Town Hall Board to assist with the events
identified as part of their 125t" anniversary be received with thanks; and
3. That all interested parties listed in Report PUB-009-24, and any delegations be
advised of Council's decision.
Page 348
Municipality of Clarington
Report PUB-009-24
Report Overview
Page 2
This report is providing information for Council consideration of a funding request from the
Orono Town Hall Board for events celebrating their 125th year anniversary. Staff have
consulted with the organization to evaluate the request and distinguish between events that
are part of their regular operation versus events that were specifically planned to
commemorate the 125th anniversary.
Also as directed by Council, staff are working to develop a policy for how future requests
pertaining to milestone celebration funding can be best handled. These guidelines will be
included in a Civic Recognition Program that is being prepared and will be before Council
prior to the end of 2024.
1. Background
1.1 At the January 22, 2024, Joint General Government and Planning and Development
Committee meeting, correspondence from Brad Smith, Chair Orono Town Hall was
received (Attachment 1). It included a request for Council to consider assisting with the
funding of the events planned around the milestone anniversary. The original request
included three specific events and multiple community movie nights.
1.2 At the January 29th Council meeting, it was resolved "That the correspondence from the
Orono Town Hall Board be received; That the request for funding be referred to Staff to
gather more information, including the total anticipated cost of the events; and that Staff
create a policy to deal with these types of grant requests.
1.3 During subsequent discussions with Board members, it was discussed what events from
the original request were specific to the 125th anniversary celebrations and what events
were regular and/or annual events. This resulted in a revised request being sent on
March 5, 2024 (Attachment 2).
1.4 The details identified a Women's International Day on March 8 at a budgeted cost of
$3,350 and the 125th Anniversary Dinner on April 6 and a net budgeted cost of $3,510,
not including the in -kind provision of tables from the Municipality.
1.5 Prior to the preparation of this report, Community Services staff did commit to providing
tables for the April 6th Anniversary Dinner, as in -kind support for the event.
2. Future Considerations
2.1 As part of the same request from Council, staff were directed to develop a Policy to
manage future requests for milestone celebrations.
Page 349
Municipality of Clarington
Report PUB-009-24
Page 3
2.2 Currently staff in Public Services are engaged in a project to develop a Civic
Recognition Program. The program will outline a process for the Mayor and Members of
Council to recognize outstanding contributions from individuals and community groups
for the valuable work they do to serve and enhance our community.
2.3 Further, the Civic Recognition Program, will outline which major milestones will be
recognized. This will apply to Anniversary Milestones, like that from Orono in 2024, as
well as personal milestone events such as birthdays and wedding anniversaries. Staff
plan to have this report before Council later in 2024.
3. Financial Considerations
3.1 Due to the timing of this request, the item was not included in the 2024-2027 Operating
Budget. It is planned to include timelines and other criteria in the Civic Recognition
Program that would require requests to be submitted as part of the annual operating
budget update.
3.2 Municipal staff are currently reviewing the applications received for the 2024 Community
Funding Program, and at this time it is not certain if there will remain unallocated funds
from the approved 2024 budget. If Council approves any of the Orono Town Hall
Board's funding request, the unallocated grant funds will be used to support this
initiative. If there are insufficient funds from the Community Funding Program, Staff will
look at existing budgets first, and then appropriate reserves to fund any shortfall.
4. Strategic Plan
This report aligns with the Clarington's 2024-2027 Strategic Plan's Mission: A
connected, dynamic and welcoming community, focused on the future while respecting
our past.
5. Concurrence
This report has been reviewed by the Deputy CAO, Finance and Technology/Treasurer
who concurs with the recommendations.
6. Conclusion
It is respectfully recommended that Council consider the request from the Orono Town
Hall Board seeking funds to support their planned celebrations of the Town Hall 125
years in operation.
Staff Contact: George Acorn, Director Community Services, 905 623-3379 ext. 2502.
Page 350
Municipality of Clarington
Report PUB-009-24
Attachments:
Attachment 1 — Original Funding Request
Attachment 2 — Revised Funding Request (received March 5/24)
Interested Parties:
The following interested parties will be notified of Council's decision:
Brad Smith, Chair
Orono Town Hall Board
5315 Main St, Orono
LOB 1 MO
Page 4
Page 351
Councillor Willie Woo Orono Town Hall
Estoblished 1898
Regional Councillor
Municipality of Clarington
40 Temperance Street, Bowmanville.
Dear Councillor
The Orono Town Hall will be celebrating their 125 anniversary this year. As you know the original hall
was opened in 1898 but a fire destroyed the hall and it was decided to rebuild. The Hall officially
opened on March 1, 1899. The Nall has been a very important part of the community hosting many
events including weddings, art shows, concerts, movie nights, Santa breakfast, spaghetti dinners, and of
course a few movies along the way.
We are excited about our 125"' anniversary and will be celebrating several events throughout this year
Our first event will be our second International Women's Day as we salute the Women in Agriculture.
This is the only event in Clarington that recognizes Women in the Municipality. Last year's event was
standing room only as we recognized the "Women on Main".
Our second event will be the Saturday April 6 our anniversary dinner. Our guest speaker with be
historian Myno Van Dyke on the history of Orono.
Our third event will be our annual July 1 celebrations at the Orono Library gazebo. And finally, movie
nights in October and December.
We are asking Council consideration in helping us with these events with a sponsorship.
Women's International Day March 8 $ 4,000.00
125 Anniversary Dinner $ 5,000.00
Community Movie Nights $ 3,000.00
July 15` Celebrations $ 1,000.00
Total
$ 13,000.00
Your support is appreciated as we celebrate Orono Town Hall , the heart of Orono and its presence in
our beautiful Village.
Page 352
Our anniversary dinner to celebrate 125 of history in our Village will take place Saturday April 6 at 6 p.m.
It would be an honour to host and welcome our Ontario Lieutenant Governor Edith Dumont to our
anniversary dinner.
Brad Smith
Chair, Orono Town Hall Board
5315 Main Street, Orono, Ontario
bsmith@hubbell.ca
Page 353
Attachment 2 to Report PUB-009-24
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Orono Town Fall
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Mr. George Acorn
Director of Community Services
40 Temperance Street, Bowmanville, Ontario
Dear George
Further to our conversation on February 21, 2024 regarding Orono Town Hall request for funding for
activities celebrating their 1251h anniversary, I provide the following information.
Women's International Day Friday March 8, 2024
This event was part of our original 1251h celebrations that started in 2023 and was going to kick off our
anniversary. The event was held and we recognized the Women on Main Street, Orono. It was well
attended and a huge success as Orono Town Hall was the only venue to recognize women as part of
International Women's Day. This year event will feature Women in Agriculture from across Clarington.
Our expenses to stage this free event include:
Refreshments $ 500.00
Flowers $ 500.00
Orono Times Photo $ 250.00
Orono Times Ads $ 300.00
Staples printing $ 150.00
Frames and Sleeves $ 100.00
Display Frames $ 75.00
Table toppers $ 130.00
Napkins/Decorations $ 175.00
Gifts to recipients $ 70.00
Cleaning $ 50.00
Tablecloths $ 100.00
IWD Banners $ 350.00
Page 354
Attachment 2 to Report PUB-009-24
Sound and Screen $ 400.00
Misc. $ 100.00
Total $ 3,350.00
2. 125 Anniversary Dinner Saturday April 6, 2024
Our anniversary dinner will take place on Saturday April 6, 2024. The Hall was officially opened again on
March 1, 1899 after the fire that destroyed the first hall that was opened in 1898.
This is the major event to the historic celebrations and the budget.
Expenditures
Dinner
$ 6,200.00
Tablecloths
$ 260.00
Centerpieces
$ 120.00
Guest speaker dinner, gift
$ 200.00
Special Guest dinner, gift
$ 300.00
Flowers
$ 130.00
1251h souvenir
$ 750.00
Entertainment
$ 600.00
Displays on Lower Level
$ 200.00
Tickets printing
$ 100.00
Round table rentals
$ 400.00
Poster and newspaper ad
$ 200.00
Orono Concert Band
$ 1,000.00
Tota 1
$ 10,460.00
Receipts
82 dinners at $ 75.00 $ 6,150.00
Donations $ 500.00
Page 355
Attachment 2 to Report PUB-009-24
Total $ 6,650.00
I would like to request if the Municipality supply, deliver, pickup with round tables from one of their
buildings which would reduce our budget request by $ 400.00.
The Orono Concert band, a unique band with century old instruments was scheduled to be part of the
evening activities, but due to the possibility of the attendance of a state official, we had to move it to
another date later in the spring.
Finally, we are unaware of any requirements regarding the attendance of the state official. We may be
subject to expenses that we did not anticipate. A budget of $ 1,000 is being requested at this time. We
expect that we will receive confirmation of the visit within the next few weeks.
would like to add that we are working with the Newcastle and District Historical Society and the
Clarington Museums as part of the dinner event. Myno Van Dyke, President of Newcastle Historical
Society will be our guest speaker on the history of Orono.
The two other activities that were included in our request, community movie nights and the annual July
1 celebration on the Wednesday preceding July1, are part of the regular ongoing programming offered
by the Board of Directors and are excluded from our initial request of financial assistance.
On behalf of the Orono Town Hall Board, thank you for your consideration in helping us celebrate the
125 years of the Orono Town Hall.
Brad Smith
Orono Town Hall Board Chair
Page 356
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 8, 2024 Report Number: PUB-008-24
Submitted By: Lee -Ann Reck, Deputy CAO, Public Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: Dave Speed, Fire Chief
File Number: By-law Number:
Report Subject: Hopes Cradle Referral
Recommendations:
1. That Report PUB-008-24, and any related delegations or communication items, be
received;
2. That Council provide a letter of support to Gems for Gems for their pursuit at the
provincial level for the operation of the installed Hope's Cradle safe surrender site at
Fire Station 1 in Bowmanville, and that the site continue to be non -operational until
such time as provincial direction is provided to support its operation; and
3. That all interested parties listed in Report PUB-008-24, and any delegations be
advised of Council's decision.
Page 357
Municipality of Clarington
Report PUB-008-24
Report Overview
Page 2
Following a motion from Council at their March 25th Council meeting, staff have reached out
to Gems for Gems to offer to facilitate further discussions between Hopes Cradle
stakeholders regarding the opening of the infant safe surrender site at Fire Station 1 in
Bowmanville.
Gems for Gems will be pursuing discussions at a provincial level, specifically with the
Ontario Ministry of Children, Community and Social Services, Adoptions Ontario, and the
Ontario Children's Aid Society. It is recommended by staff that Clarington Council provide a
letter of support to Gems for Gems for the operation of the installed Hopes Cradle safe
surrender site at Fire Station 1 in Bowmanville and that the site continue to be non-
operational until provincial direction is provided to support its operation.
1. Background
Council Direction
1.1 At the March 4t" General Government Committee meeting, Council was presented with
a staff report, including recommendations regarding the opening of the installed safe
surrender site at Fire Station 1 in Bowmanville.
https://weblink.clarington. net/weblink/0/edoc/425167/PUB-003-24.pdf
1.2 At the March 25t", 2024 meeting of Council staff were directed to facilitate discussions
between Gems for Gems and Hopes Cradle stakeholders about the opening of the
installed Hopes Cradle infant safe surrender site, and to report back to Council at the
April 8t" General Government Committee meeting.
2. Discussion
Legal Considerations
2.1 Government responsibility for child welfare and child protection falls within the mandate
of the Ontario Ministry of Children, Community and Social Services. Children's aid
societies provide child protection services and are governed by the Child, Youth and
Family Services Act, 2017.
2.2 While the Municipality is authorized to pass by-laws for the health, safety and well-
being of persons, child welfare and child protection is a more specialized field of activity
that falls outside core municipal purposes.
2.3 Any decision of the Municipality is without effect to the extent of any conflict with
Provincial legislation.
Page 358
Municipality of Clarington
Report PUB-008-24
Page 3
2.4 The Durham Children's Aid Society has raised several objections to the Hope's Cradle
proposal that raise serious issues about whether its operation would conflict with
Provincial policy objectives.
2.5 To proceed with an undertaking that is not supported by the governmental agency
responsible for the core service, is generally an ill-advised decision. The situation
would be much more favourable if the Ministry of Children, Community and Social
Services and the local children's aid societies were expressly supportive of this
initiative.
Discussion with Hopes Cradle Stakeholders
2.6 In consideration of Legal comments, and following discussion between staff and Gems
for Gems, there was agreement that further talks should take place, but at a provincial
level rather than local level.
2.7 Pursuing talks at a provincial level is consistent with comments received from Durham
Children's Aid Society in their letter dated January 17, 2024, attached to report PUB-
003-24, which states, "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."
2.8 Staff's recommendations about the opening of the installed Hopes Cradle infant safe
surrender site remain unchanged from report PUB-003-24, with the addition of a
recommendation for the inclusion of a letter from Clarington Council in support of Gems
for Gems efforts with the Province for the site's operation.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Not applicable.
5. Concurrence
This report has been reviewed by the Deputy CAO/Solicitor who concurs with the
recommendations.
Page 359
Municipality of Clarington
Report PUB-008-24
6. Conclusion
Page 4
It is respectfully recommended by staff that Clarington Council provide a letter of
support to Gems for Gems for their pursuit at the provincial level for the operation of the
installed Hopes Cradle safe surrender site at Fire Station #1 in Bowmanville, and that
the site continues to be non -operational until the provincial direction is provided to
support its operation.
Staff Contact: Dave Speed, Fire Chief and Director of Emergency and Fire Services,
dspeed@clarington.net
Attachments:
Attachment 1 — Council letter of support
Interested Parties:
The following interested parties will be notified of Council's decision:
Gems for Gems
Durham Children's Aid Society
Page 360
Clarftwn
Ms. Jordan Guildford
Founder
Gems for Gems
PO Box 11001 Seton PO
Calgary, AB T3M 1 Y6
Dear Ms. Guildford:
Attachment 1 to Report PUB-008-24
Clarington Council supports the efforts of Gems for Gems to pursue discussions with
the Ontario Ministry of Children, Community and Social Services, the Ontario Children's
Aid Society and Adoptions Ontario to enable the operation of the Hope's Cradle infant
safe surrender site installed at Fire Station #1 in Bowmanville.
Clarington recognizes that sometimes a parent may be unsafe or too ashamed to go
through the usual process of putting their child up for adoption. The Hope's Cradle site
would provide a safe option for vulnerable or at -risk parents or guardians who feel they
have no choice but to abandon their infant.
The responsibility for child welfare and child protection falls under the mandate of the
Province of Ontario and is outside municipal jurisdiction. As any decision by the
Municipality of Clarington regarding the operation of the Hope's Cradle site would need
to conform with provincial legislation, the site will remain non -operational until the
Province provides clear direction.
Clarington encourages the Province to come to the table with Gems for Gems to
facilitate discussion on this matter as you work to expand operations into Ontario.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 361
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: April 8, 2024
MOVED BY Councillor Rang
SECONDED BY Councillor
Whereas the homelessness crisis is taking a devastating toll on families and
communities, undermining a healthy and prosperous Ontario, and that Council accepts
that the responsibility to address these challenges rests with community stakeholders,
partners, and residents as well as regional, federal, and provincial governments and
agencies; and
Whereas the Municipality of Clarington recognizes the challenges of mental health,
addictions, and homelessness, which are complex issues that have a significant and
detrimental impact on the residents of the Municipality of Clarington and surrounding
areas within Ontario; and
Whereas addressing and responding to these issues has placed extreme stress on all
levels of regional, municipal, and non -municipal programs and services, including
various not -for -profit organizations and provincially funded health services within the
Municipality of Clarington and surrounding areas;
Now Therefore Be It Resolved That the Municipality of Clarington acknowledge that
homelessness in Ontario is a social, economic and health crisis, including people with
substance use disorders;
That the Municipality of Clarington commits to ending homelessness in the community
in collaboration with the Region, and both the Provincial and Federal governments; and
That the Municipality of Clarington call on the Region, the Province, and Federal
governments to increase action and supports on the following:
• Commit to ending homelessness in Ontario;
• Work with the Association of Municipalities of Ontario (AMO) and a broad
range of community, health, and economic partners to develop, resource, and
implement an action plan to achieve this goal;
• Provide a long-term financial commitment to assist in the creation of more
affordable and supportive housing for people in need, in Durham Region,
including people with substance use disorders; and
Page 362
• Increase investments in evidence informed substance use prevention and
mental health promotion initiatives that provide foundational support for the
health, safety and well-being of individuals, families, and neighbourhoods,
beginning from early childhood; and
That a copy of this motion be sent to the Premier of Ontario; the Minister of Municipal
Affairs and Housing; the Minister of Children, Community and Social Services; the
Minister of Health; the Minister of the Solicitor General; the Minister of Finance; the
Chief Medical Officer of Health; local MPs and MPPs; and the Association of
Municipalities of Ontario.
Page 363