HomeMy WebLinkAbout2025-01-13Clar*wn
General Government Committee
Post-MeetingAgenda
Date: January 13, 2025
Time: 9:30 a.m.
Location: Council Chambers or Electronic Participation
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
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accessibility accommodations for persons attending, please contact: Lindsey Turcotte, Committee
Coordinator, at 905-623-3379, ext. 2106 or by email at Iurcotte@clarington.net.
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Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law,
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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
January 13, 2025
Pages
1. Call to Order
2.
Land Acknowledgement Statement
3.
Declaration of Interest
4.
Announcements
5.
Presentations/Delegations
6.
Consent Agenda
6.1 Correspondence from the City of Guelph, Regarding Enabling
4
Municipalities to Charge Fees for Use of Municipal Property by Gas
Utilities
(Motion by Councillor Zwart Attached)
Link to Item 3.1 of the December 6, 2024 ECCIP
6.2 FSD-001-25 - Reserve and Reserve Fund Reorganization
5
6.3 FSD-002-25 - Alternative Revenue Sources
16
6.4 PUB-001-25 - Respectful Conduct Policy and Customer Service
23
Excellence Related Management Directives
6.5 PDS-001-25 - Whistle Cessation at CN Rail Grade Level Crossings at
41
Bennett Road and Cobbledick Road
6.6 CAO-001-25 - Economic Development Action Plan
46
7.
Items for Separate Discussion
7.1 Correspondence from Hon. Paul Calandra, Minister of Municipal Affairs
76
and Housing, Regarding Municipal Accountability Act 2024
(Mayor Foster intends to introduce the attached motion)
7.2 LGS-001-25 - Appointment to the Public Library Board
79
(Attachment 1 Distributed under Separate Cover)
Page 2
General Government Committee Agenda
January 13, 2025
7.3 Proposed Amendments and/or Shortening the Time Period for the 2025
Budget Update
Link to 2024-27 Budget
*7.3.1 Request for Staff and Creation of Anti -Black Racism Advisory 83
Committee (Councillor Anderson)
*7.3.2 Jury Lands Provision Funds (Councillor Traill)
*7.3.3 Shorten Time Period for the Budget (Councillor Woo)
8. Unfinished Business
8.1 PUB-002-25 - Open Air Burn By-law Addendum
9. New Business
10. Confidential Items
10.1 LGS-002-25 - Potential Property Disposition
Municipal Act, Section 239(2) (c) and (k)
10.2 LGS-003-25 - Proposed Acquisition of Property by the Municipality
Municipal Act, Section 239(2) (c)
11. Adjournment
Page 3
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: January 13, 2025
MOVED BY Councillor Zwart
SECONDED BY Councillor
Whereas, across most of Canada, municipalities charge for -profit gas utilities
fees for the use of municipal property to support municipalities in managing
abandoned gas distribution infrastructure and any conflicts with municipal
infrastructure without increasing the financial burden on property taxpayers;
And whereas, if the charging of these fees is permitted, revenues would provide
much needed funding towards essential municipal services and programs, and
support municipalities in funding any future work associated with gas distribution
infrastructure;
And whereas, in Ontario, Section 9 of O.Reg. 584/06 under the Municipal Act,
2001 prohibits municipalities from charging for -profit gas utilities these fees;
Now therefore be it resolved:
1. That the Province of Ontario be requested to amend Section 9 of O.Reg.
584/06 under the Municipal Act, 2001, to permit municipalities to charge
fees to for -profit gas utilities for their use of public property.
2. That the Municipality of Clarington expresses its support, in principle, for
Bill 219 — the No Free Ride for Fossil Fuels Act, 2024, which would
enshrine the right of municipalities to charge fees under the Municipal Act,
2001, and the City of Toronto Act, 2006.
Page 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: January 13, 2025 Report Number: FSD-001-25
Authored By: Paul Davidson
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO
By-law Number: Resolution Number:
File Number:
Report Subject: Reserve and Reserve Fund Reorganization
Recommendations:
1. That Report FSD-001-25, and any related delegations or communication items, be
received;
2. That staff be authorized to reallocate funds within the Municipality's reserve funds, in
accordance with the proposed consolidations provided within Report FSD-001-25;
and
3. That all interested parties listed in Report FSD-001-25, and any delegations be
advised of Council's decision.
Page 5
Municipality of Clarington
Report FSD-001-25
Report Overview
Page 2
As the Municipality shifts its capital budgeting approach to emphasize asset management, it
is recommended that the composition of the capital reserve funds be reorganized to reflect
this transition. In addition to the capital reserve funds, it is proposed that all the Municipality's
reserve funds be categorized based on their intended use to provide greater clarity on
purpose. This exercise also reduces the number of reserve funds through consolidation and
by eliminating duplication.
1. Background
1.1 Reserve and reserve funds represent municipal funds that have been set aside for
future expenditures. In Clarington, reserves and reserve funds are used to both offset
the costs of unexpected events, and to provide financing for capital projects. In 2023,
the Municipality began funding the entire capital program out of capital reserve funds,
which are supported by annual operating budget contributions.
1.2 Clarington currently has 54 reserve funds and 17 reserves. Reserves are an allocatior
of accumulated net revenue that does not require a segregation of money (i.e.: money
in reserve remains in the general fund). Reserve funds are established by Council or
through legislation and are required to be physically segregated (i.e.: reserve fund
money is held in a separate bank account).
1.3 Both reserves and reserve funds can be invested according to the Municipality's
investment policy. Interest earned on reserve investments flow back into the operating
budget as investment income while interest earned on reserve fund investments goes
back into the reserve fund and forms part of the balance.
1.4 Reserve funds can be categorized as either obligatory or discretionary. Obligatory
reserve funds are established as either a requirement of legislation or a requirement of
an agreement, such as development charge reserve funds. Discretionary reserve funds
are established by Council at their own discretion, such as capital reserve funds.
2. Proposed Reserve Fund Reorganization
Proposed Reserve Fund Composition
2.1 The purpose of the proposed reserve fund reorganization is to align the capital reserve
funds with the Municipal Asset Management Plan and to reduce duplication by
consolidating certain funds. As the Municipality's capital budget transitions toward a
greater focus on asset management, it is important that the transition is reflected in the
reserve fund composition.
Page 6
Municipality of Clarington
Report FSD-001-25
Page 3
2.2 The proposed reorganization includes establishing a separate capital reserve fund for
each of the asset categories included in the asset management plan. This will be done
largely through consolidation and renaming of existing reserve funds. As part of the
process, a limited number of consolidations and renaming's are proposed to occur
outside the capital reserve funds.
2.3 The proposed reorganization also involves the categorization of reserve funds based on
their intended use. The purpose of the categorization is to group reserve funds
according to their intended use, which will provide Council with greater clarity on reserve
fund balances for specific purposes.
2.4 The proposed new composition categorizes the Municipality's reserve funds into the
following four categories:
Capital Asset Rehabilitation and Replacement — reserve funds used for the
rehabilitation and replacement of capital infrastructure assets. Specific reserve
funds have been established for each asset category to easily track investments
in the different asset types. Reserve fund target balances have also been
established in accordance with best practices from the Government Finance
Officers Association (GFOA) of the United States and Canada.
Capital Asset Growth and Expansion — reserve funds established for the
purpose of financing growth -related capital infrastructure. This includes obligatory
development charge (DC) reserve funds, as well as a discretionary reserve fund
established to finance non -DC eligible growth -related projects.
Special Projects and Initiatives —reserve funds established to finance projects
with a specified purpose. This includes obligatory reserve funds with restricted
uses, such as Parkland Cash -in -Lieu and Canada Community Building Fund
Receipts, as well as discretionary reserve funds established for special purposes,
such as Continuous Improvement and Climate Action.
Stabilization and Contingency — reserve funds used to fund future obligations
and to mitigate the financial impacts of both expected and unforeseen events.
This includes the reserve funds established to hold certain types of revenues
used to offset operating costs.
2.5 The proposed new reserve fund composition is provided in Attachment #1 and includes
the estimated year-end balance for 2025, based on the 2025 draft budget update.
Attachment #2 includes the list of proposed consolidations and Attachment #3 includes
the list of proposed reserve funds to be renamed.
2.6 The proposed reorganization reduces the number of reserve funds from 54 to 41.
Page 7
Municipality of Clarington
Report FSD-001-25
Reserve Fund Target Balances
Page 4
2.7 As part of the reorganization exercise, target balances have been established for the
majority of the Capital Asset Rehabilitation and Replacement reserve funds. There has
not been a target balance established for the Library and Museum Capital reserve fund
as the planned expenditures out of this fund have been approved through report FSD-
020-23. This report provides a plan to fully expend the reserve fund by the end of 2027.
2.8 Target balances for the capital reserve funds have been set according to GFOA best
practice, which suggests that asset management reserve funds should have ending
balances equal to a dollar amount or a percentage of the five-year average of the
annual capital budget. The Municipality has set a preliminary ending balance target of
30 per cent of the five-year average capital budget for each reserve fund. This
percentage will be evaluated annually to determine its effectiveness.
2.9 Target balances have also been established for the Miscellaneous Capital and Rate
Stabilization reserve funds. The target balance for Miscellaneous Capital has been set
at $1.5 million to ensure a reasonable balance for unexpected expenses throughout the
year. The target for Rate Stabilization is to maintain a balance between 5-10 per cent of
the annual levy. This target is in line with industry best practice.
2.10 Attachment #4 provides the progress towards achieving these targets, based on the
2025 projected year end balances. Any funds that are significantly above target will be
brought down over time through reduced annual contributions.
3. Financial Considerations
3.1 There are no financial implications associated with the proposed reserve fund
reorganization. The reorganization includes only the reallocation of existing funds and
does not include any request for additional funding. Any additional funding requirements
will be requested through the annual budget process.
4. Strategic Plan
This report supports the following expected result from the strategic plan:
• L.2: Finances and operations are efficiently and responsibly managed.
5. Climate Change
Not Applicable.
Municipality of Clarington Page 5
Report FSD-001-25
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that the proposed reserve fund reorganization be
approved to align the municipality's capital reserve funds with the asset management
plan and to reduce duplication. The proposed categorization will also provide Council
with a clearer indication of each fund's objective. The proposed reorganization does not
require any additional funding as the exercise involves only the reallocation of existing
funds.
Staff Contact: Paul Davidson, Manager of Financial Planning /Deputy Treasurer, 905-623-
3379 x2607 or pdavidson@clarington.net.
Attachments:
Attachment 1 — Estimated Reserve Fund Balances
Attachment 2 — Proposed Reserve Fund Consolidations
Attachment 3 — Proposed Reserve Fund Name Changes
Attachment 4 — Reserve Fund Target Balances
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 9
Attachment 1 to Report FSD-001-25— Estimated Reserve Fund Balances
Capital Asset Rehabilitation and Replacement
2025 Ending
2024 Projected
Balance
Ending Balance
(Estimated)
Facilities Capital
$941,700
$1,070,440
Corporate Fleet Capital
$331,099
$1,992,062
Emergency Services Capital
$625,911
$325,411
Information Technology Capital
$376,056
$280,061
Parking Infrastructure Capital
$837,774
$714,649
Parks and Cemeteries Capital
$938,879
$1,082,888
Transportation Infrastructure Capital
$552,490
$306,996
Library and Museum Capital
1,480,927
$528,927
Roads Capital
$1,497,954
$2,274,954
Bridges and Culvert Capital
$1,104,980
$633,980
Stormwater Capital
$310,489
$251,489
Total
$8,998,259
$9,461,857
Capital Asset Growth and Expansion
2024 Projected 2025 Ending
Ending Balance Balance (Estimated)
DC Growth Studies $69,999
DC Library Services $1,806,899
DC Fire Protection Services $4,927,434
DC Park & Rec Services $2,032,641
DC Services Related to Highways $34,756,977
Miscellaneous Capital $3,591,184
$47,185,134
$228,983
$1,772,728
$4,630,859
$891,578
$31,777,652
$2,034,567
$41,336,367
Page 10
Attachment 1 to Report FSD-001-25— Estimated Reserve Fund Balances
Special Projects and Initiatives
2025 Ending
2024 Projected
Balance
Ending Balance
(Estimated)
Climate Action
$176,875
$351,875
Economic Development
$325,226
$375,226
Strategic Capital
$4,436,078
$4,561,078
Canada Community -Building Fund Receipts
$1,244,524
$377,125
Provincial Infrastructure
$5,566,862
$1,004,906
Port Granby LLRW Agreement
$321,150
$321,150
Community Improvement Plans
$194,269
$194,269
Continuous Improvement
$312,066
$363,566
Beautification / Tree Planting
$68,910
$68,910
Parkland Cash In Lieu
$8,367,189
$8,367,189
General Municipal
$2,757,485
$712,373
Newcastle BIA
$85,276
$85,276
Bowmanville BIA
$15,813
$15,813
Orono BIA
$33,419
$33,419
Total
$23,905,142
$16,832,175
Page 11
Attachment 1 to Report FSD-001-25— Estimated Reserve Fund Balances
Stabilization and Contingency
2025 Ending
2024 Projected
Balance
Ending Balance
(Estimated)
Rate Stabilization
$13,224,939
$8,338,926
Debenture Retirement
$497,395
$497,395
Municipal Government Enterprise
$27,900,036
$27,900,036
Mun Gov't Ent. - Other
$954,874
$984,874
Building Division
($521,230)
$0
Parking Enforcement
$817,160
$536,305
Community Emergency Management
$851,194
$701,194
Future Staffing
$1,023,889
$994,932
Benefits Stabilization
$1,005,635
$504,079
Engineering Review and Inspection
$2,585,332
$1,999,832
$48,339,224 $42,457,573
Page 12
Attachment #2 to Report FSD-001-25 — Reserve Fund Consolidations
2024 Estimated
2024 Estimated
New Reserve Fund
Ending Balance
Old Reserve Fund
Ending Balance
Facilities Capital
$941,700
Communities Services Capital
$901,976
Older Adults Programming
$39,724
Animal Services Capital*
$266,6741
Parks and Cemeteries Capital
$938,879
Facilities / Parks Maintenance
$764,234
Cemeteries Capital
$51,120
Newcastle Waterfront
$5,759
Cemetery - Hampton Union, Orono
$117,766
Library and Museum Capital
$1,480,927
Library Capital
$1,168,286
Library Computer Equipment
$275,808
Museum Capital Bowmanville
$18,416
Museum Capital Clarke
$18,417
Roads Capital
$1,497,954
Roads Capital
$1,212,229
Roads Contribution
$285,725
Stormwater Capital
$310,489
Stormwater Management Pond
$34,244
Maintenance
New (5% Municipal Capital
$276,245
Works)
Transportation Infrastructure
$552,490
New (10% Municipal Capital
$552,490
Capital
Works)
Bridges and Culvert Capital
$1,104,980
New (20% Municipal Capital
$1,104,980
Works)
Miscellaneous Capital
$3,591,184
Municipal Capital Works
$3,591,184
Engineering Review and
$2,585,332
Engineering Review
$1,298,604
Inspection
Engineering Inspection
$1,286,728
Total
$13,003,935
$13,003,935
' Animal Services capital is being earmarked for a new Animal Services facility and does not count
toward
the unallocated balance in the Facilities Capital reserve fund.
Page 13
Attachment 3 to Report FSD-001-25- Proposed Reserve Fund Name Changes
New Reserve Fund
Corporate Fleet Capital
Information Technology Capital
Emergency Services Capital
Parking Infrastructure Capital
Miscellaneous Capital
Benefits Stabilization
Parking Enforcement
Old Reserve Fund
Operations Equipment
Computer Equipment
Fire Equipment
Parking Lot Rehabilitation
Municipal Capital Works
ASO Benefits
Parking Lot
Page 14
Attachment 4 to Report FSD-001-25 — Reserve Fund Target balances
Facilities Capital
Corporate Fleet Capital
Emergency Services Capital
Information Technology
Capital
Parking Infrastructure Capital
Parks and Cemeteries Capital
Transportation Infrastructure
Capital
Roads Capital
Bridges and Culvert Capital
Stormwater Capital
Actual
Target
Percentage
Five -Year
Balance (30%
2025 Ending
of Five -
Average Capital
of 5-year
Balance
Year
Budget
average)
(Estimated)
Average On Target
$2,732,289
$819,687
$1,070,440
39% Yes
$2,789,095
$836,729
$1,992,062
71 % Yes
$237,385
$71,216
$325,411
137% Yes
$603,096
$425,820
$1,654,489
$946,946
$7,551,508
$1,893,520
$478,679
$19,312,827
2025 Ending
Balance
(Estimated)
$180,929 $280,061 46% Yes
$127,746
$496,347
$2,265,452
$568,056
$143,604
$5,793,850
$714,649
168%
Yes
$1,082,888
65%
Yes
$306,996
32%
Yes
$2,274,954
30%
Yes
$633,980
33%
Yes
$251,489
53%
Yes
$8,932,930
46%
Target Balance
Miscellaneous Capital $2,034,567 $1,500,000
Rate Stabilization $8,338,926 $4,107,100 - $8,214,200
On Target
Yes
Yes
Page 15
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: January 13, 2025 Report Number: FSD-002-25
Authored by: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO
By-law Number: Resolution Number:
File Number:
Report Subject: Alternative Revenue Sources
Recommendations:
1. That Report FSD-002-25, and any related delegations or communication items, be
received;
2. That Staff be directed to take the necessary steps to implement a Municipal
Accommodation Tax and report back to Council with the required revenue -sharing
agreements and enabling by-law;
3. That Staff be directed to take the necessary steps to implement a Stormwater
Management Fee by January 1, 2028 and report back to Council with the required
agreements and by-laws as required;
4. That Staff be directed to review User Fees and include additional fees for
consideration in the User Fee Bylaw under the principle that services benefitting
individuals should be funded by the individuals; and
5. That all interested parties listed in Report FSD-002-25, and any delegations be
advised of Council's decision.
Page 16
Municipality of Clarington
Report FSD-002-25
Report Overview
Page 2
This report provides background on the authority and processes required for implementing
non -tax revenue sources within the Municipality of Clarington. This report does not
implement any new sources but provides Council a list of available areas to provide direction
to Staff to pursue.
1. Background
1.1 At its meeting of October 7, 2024, General Government Committee passed a resolution
requesting that Staff report back at the January 13, 2025 meeting on the non -property
tax revenue options available to the Municipality, an overview on the required process
for implementation and required resources.
1.2 The Municipal Act, 2001, sections 9-11 provides municipalities with it powers of a
natural person, and broad authorities. However, section 17 restricts certain financial
powers like imposing taxes, borrowing or investing and provides specified authority in
other places of the Act.
2. Vacant Home Tax
Authority
2.1 Part IX.1 of the Municipal Act, 2001 relates to the Optional Tax on Vacant Residential
Units. It allows that in addition to taxes imposed under Part VIII, a designated
municipality may, by by-law passed in the year to which it relates, impose a tax in the
municipality on the assessed value, as determined by the Assessment Act, of vacant
units that are classified in the residential property class and are taxable under the Act
for municipal purposes.
2.2 Under Section 338.3 the Minister of Finance has the power to make regulations
prescribing matters including the designation of municipalities for which this part applies,
defining "vacant unit" and other provisions.
2.3 Ontario Regulation 458/22 outlines the designated municipalities to include all single -tier
and all upper -tier municipalities. Therefore, the Municipality on its own does not have
the authority to levy a Vacant Home Tax.
2.4 The Region of Durham has included the vacant home tax in its 2024 Strategic Property
Tax Study. Section 8 of the report is dedicated to the Vacant Home Tax. Vacant Home
taxes in a two-tier system are more complex to administer than in a single -tier system;
further, based on water usage rates, there do not appear to be significant vacant
Page 17
Municipality of Clarington
Report FSD-002-25
Page 3
properties in Durham Region. Their recommendation in 2024, and is expected to remain
the same, is that no action be taken on a vacant home tax.
2.5 According to the Province's vacant home tax website, the Cities of Toronto, Ottawa,
Hamilton, Windsor and Sault Ste. Marie all have Vacant Home Taxes, all are single -tier
municipalities. At this time no upper -tier municipality has implemented this tax.
Staff Recommendation
2.6 Staff will continue to work with the Region of Durham to monitor and assess the
appropriateness of adding the vacant home tax to Durham Region, however at this time
it is outside the authority of Council to impose such tax.
3. Transient Accommodation Tax
Provincial Authority
3.1 Part X11.1 of the Municipal Act, 2001 deals with the authority to impose a transient
accommodation tax. Section 400.1 allows a local municipality, by by-law, to impose a
tax in respect of the purchase of transient accommodation in the municipality in
accordance with this part if the tax is a direct tax.
3.2 As the Municipality of Clarington is a local municipality, this optional tax is available to
Council to explore and does not need to include the Region of Durham in the
administration of the tax.
3.3 The by-law must include the subject of the tax to be imposed, the rate or amount to be
paid, and how it is to be collected (which may include designated persons or entities
authorized as agents).
3.4 The tax cannot be imposed on the Crown, education boards, universities or colleges,
hospitals, long-term care homes, or other prescribed parties.
3.5 The collection of the tax can be through a partnership, several municipalities outsource
the collection of accommodation taxes to a third party. As well, companies such as Vrbo
or AirBnB have the reporting infrastructure in place to facilitate this type of taxation.
3.6 The Province has issued Ontario Regulation 435/17: Transient Accommodation Tax that
provides additional information on the requirements of this tax regime.
3.7 There is a requirement under sections 4 and 5 of the regulation to share the revenue
generated from the Transient Accommodation Tax. As there is no destination marketing
program in existence in Clarington, we would fall under the requirements of section 5.
Page 18
Municipality of Clarington
Report FSD-002-25
Page 4
3.8 The revenue sharing requires that we make payments to one or more eligible tourism
entities totalling 50% of the amount collected less reasonable administration costs within
60 days of the fiscal year end.
3.9 There are no requirements in the Act or in regulation for additional public consultation or
other steps than entering into the revenue sharing agreement and passing a by-law.
Durham Municipalities
3.10 In October 2020, the City of Oshawa implemented the Municipal Accommodation Tax.
The current rate is four percent of the purchase price of accommodation provided for a
continuous period of 30 days or less.
3.11 The City of Oshawa uses the Ontario Restaurant and Hotel & Motel Association
(ORHMA) to collect the MAT which is remitted the following month.
3.12 In October 2024, the City of Oshawa amended the rate to five percent and also included
bed and breakfast or short-term rentals (e.g. AirBnB), on a quarterly remittance
schedule.
3.13 In July 2024, the Town of Whitby implemented a four percent Municipal Accommodation
Tax. Similarly to the City of Oshawa they have an agreement with ORHMA to collect
and remit the funds, less 1.8% administration.
3.14 The Town created a Municipal Service Corporation, the Whitby Tourism Development
Corporation and established a specific reserve fund for the use of the funds.
3.15 The Town is phasing in short term rentals once the Short -Term Rental Bylaw is
updated.
3.16 The City of Pickering is in the process of implementing a MAT program, details at this
point are not finalized.
Staff Recommendation
3.17 The Municipal Accommodation Tax will provide additional resources to local tourism
organizations to promote Clarington and increase economic development.
3.18 A Municipal Accommodation Tax provides an additional stream of revenue which can be
used to support the infrastructure that is used, such as roads, parks, recreation facilities,
by those travelling from out of town and staying locally. This transfers the cost of
maintaining the infrastructure solely from the property tax base to those who are utilizing
the services and infrastructure.
Page 19
Municipality of Clarington
Report FSD-002-25
Page 5
3.19 Municipal Accommodation Taxes are becoming an increasingly utilized revenue source
in Ontario municipalities of all sizes. Staff recommend that Council direct staff to begin
the required steps to implement a MAT regime in Clarington similar to those already in
place in Durham municipalities.
3.20 Finance Staff will work with the Economic Development team to facilitate the
implementation of this tax. It has been identified in the Economic Development Action
Plan as outlined in Report CAO-001-25.
4. Stormwater Management Fees
4.1 Stormwater management is becoming increasingly important as a result of climate
change. Significant rain events in the City of Toronto have caused significant damage
over the past decade and one of the contributing factors is the build-up of urban areas.
This build-up reduces the natural ability to control rainwater and directs more water to
the stormwater management system.
4.2 Municipalities in the GTA have started implementing user fees for stormwater
management, which funds the stormwater management system similar to water and
wastewater systems; it is based on user pays based on their usage of the system.
4.3 Stormwater "usage" is in substance, how do you contribute to the redirection of water
from natural drainage systems (i.e.. the ground, watersheds) into the stormwater
management system. Many municipalities use "non -permeable surface" as a way to
measure usage. Others will set a base fee and provide "credits" for mitigating actions
such as rain barrels or permeable surfaces.
4.4 The Municipality of Clarington's stormwater management assets, such as ponds,
sewers, and outfalls, are currently funded through the property tax levy. In 2022, the
Asset Management Plan indicated that we had approximately $188.4 million in
infrastructure costs for stormwater management including $129.0 million in mainline
pipes.
4.5 Since these assets are funded through the tax levy, residential taxpayers support this
infrastructure based on the assessment of their property, which is not reflective of the
stormwater caused by these types of buildings.
Staff Recommendation
4.6 Staff recommend that Council direct Staff to bring back an implementation plan for
Stormwater Management Fees as a non -tax supported service of the Municipality.
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Municipality of Clarington
Report FSD-002-25
Page 6
4.7 This work will require the use of outside consultants to assist in the determination of the
most effective manner to apply the charge, the required revenue generation over time
and establishing billing systems.
4.8 Work for this project would be multiple years and would likely not be fully implemented
until 2027. Work on the pending asset management plan, development charge study,
and secondary plans will form the basis of understanding the future needs of the
stormwater system and customer -base.
5. User Fees
Provincial Authority
5.1 Part XII of the Municipal Act, 2001 relates to the ability of a municipality to impose fees
and charges. Section 391 of the Act allows a municipality to impose fees and charges
on persons,
5.2 for services or activities provided or done by or on behalf of it;
5.3 for costs payable by it for services or activities provided or done by or on behalf of any
other municipality or any local board; and
5.4 for the use of its property including property under its control
5.5 The Municipality already has a User Fee By-law in place for several services. Each year
in May, Staff bring a revised by-law to Council for consideration if there are fees that are
new or need to be adjusted significantly.
Staff Recommendation
5.6 Staff will review the existing user fees to determine if there are other areas that are
currently being funded by tax dollars that should more appropriately be funded by user
fees. The principle that works benefitting an individual should be paid by the individual
will be used to ensure that to the extent reasonable tax -support revenues are used to
fund public services rather than personal services.
6. Financial Considerations
6.1 Financial considerations are indicated above. This report is seeking direction on which
options Council is willing to consider implementing. There are no financial implications
from this report directly.
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Municipality of Clarington Page 7
Report FSD-002-25
7. Strategic Plan
7.1 This report provides for the funding strategy and proposed service levels for assets
identified as an action to priority L.2.5: Maintain, protect and invest in Municipal
Infrastructure and assets.
7.2 The adoption of Stormwater Management Fees also facilitates the operations and
investments in the stormwater management infrastructure. This supports G.4.2 Be a
leader in anticipating and addressing the impacts of climate change.
8. Climate Change
8.1 The adoption of a Stormwater Management Fee has been identified and approved in
the Corporate Climate Action Plan.
8.2 Stormwater management infrastructure mitigates the effects of climate change by
enabling the flow of stormwater through built-up areas. Stormwater assets need to be
sufficient to meet peak demand weather events. Durham is expected to see increased
precipitation events as a result of climate change, assets need to be able to meet these
higher demands.
9. Concurrence
Not Applicable.
10. Conclusion
It is respectfully recommended that Council provide support to the implementation of the
additional non -tax revenue sources identified in this report.
Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 x2602 or
tpinn@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 22
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: January 13, 2025 Report Number: PUB-001-25
Authored by: Christina Bruno, Business Coordinator, Public Services
Submitted By: Lee -Ann Reck, Deputy CAO, Public Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer
By-law Number: Resolution Number:
File Number:
Report Subject: Respectful Conduct Policy and Customer Service Excellence Related
Management Directives
Recommendations:
1. That Report PUB-001-25, and any related delegations or communication items be
received;
2. That Council approve the proposed draft Respectful Conduct Policy, attached as
Attachment 1, to promote a respectful, tolerant and harassment free workplace for
all staff and the public utilizing our services for their personal enjoyment.
3. That all interested parties listed in Report PUB-001-25, and any delegations be
advised of Council's decision.
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Municipality of Clarington
Report PUB-001-25
Report Overview
Page 2
In accordance with the 2024-2027 Strategic Plan L.3 to lead in providing exceptional
municipal services and governance, the Municipality is committed to be a leader in the
delivery of efficient, effective and meaningful municipal services, and L.3.1 to develop and
implement customer service excellence standards. To provide customer service excellence
the Municipality must place a standard or expectation on acceptable conduct from the public
utilizing our services to ensure the Municipality provides a safe and inclusive space for staff
and the public enjoying our services. This report is prepared for Council to approve the
Respectful Conduct Policy to give staff the authority to enforce restrictions against
individuals that display a pattern of disrespectful behaviour (as defined in the attached draft
policy).
1. Background
1.1 The Council -Staff Relations Policy, CP-013 provides staff with guidance on how the
Municipality will promote a respectful, tolerant and harassment -free relationship and
workplace between Members of Council and the officers and employees of the
Corporation.
1.2 The Employee Code of Ethics Polices is in place to provide staff with the standard
conduct for carrying out their work assignments and their relationships with the public,
elected officials and each other.
1.3 There are other internal CAO-approved management directives in place to address
staff -public relations with respect to behaviour, including an employee code of conduct,
harassment and workplace violence.
1.4 The current policies and management directives in Clarington focus on interactions
among staff and how to handle inappropriate behaviour internally. However, they don't
specifically address how to manage inappropriate behaviour from customers toward
staff.
1.5 To address this gap, a policy is required to define inappropriate behaviour and outline
the authority and ability of staff to place restrictions on customers when inappropriate
behaviour is displayed.
1.6 To achieve customer service excellence, recent benchmarking within the GTA
highlights the importance of staff responding to service requests in an equitable, fair,
comprehensive, and timely manner, while promoting a respectful, tolerant, and
harassment -free workplace between the public and municipal employees.
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Municipality of Clarington
Report PUB-001-25
Page 3
1.7 To achieve an inclusive, equitable and positive approach to Customer Service
Excellence, it is becoming increasingly important to provide tools to staff that provide
clear expectations when they are encountered with either frivolous, vexatious, and
unreasonable behaviors or unacceptable behaviours.
2. Recommendations
2.1 Staff recommends that Council approve the attached draft Respectful Conduct Policy.
This policy aims to define and outline responses where customer interactions constitute
disrespectful conduct, or are frivolous, vexatious or unreasonable in nature and the
appropriate restrictions that can be applied as a result.
2.2 The establishment of this new policy provides for a defensible and consistent approach
to dealing with disruptive behaviours when we are excluding persons from our facilities.
2.3 Frivolous, vexatious or unreasonable requests and behaviours, specifically, put a
burden on staff resources by defining both behaviours and actions as a result, ensuring
that staff are providing an efficient service to all customers. Further, providing staff a
framework to deal with unacceptable behaviour as defined in the policy, ensures that
staff and customers can engage in our facilities in an inclusive, safe way free from
harassment.
2.4 If approved, staff will post a copy of the Commitment to Respect, Appendix B in all
municipally owned and operated facilities. Management directives will be developed
and implemented that provides procedures for documenting, investigating and
implementing a restriction for unreasonable behaviour.
2.5 The recommendations both behind the Respectful Conduct Policy and the pending
management directives are geared toward promoting inclusivity and respect and
outlining a clear expectation of acceptable behaviour. By emphasizing and educating
the public and staff about respectful behaviour we aim to deliver customer service in a
proactive way that avoids unnecessary conflict.
3. Future Considerations
3.1 In addition to the management directives specifically geared to the implementation of
the proposed Respectful Conduct Policy, staff identify the need to clearly define service
expectations that help to define what the customer experience entails.
3.2 Management directives will be established to define customer service excellence
standards. This directive will set reliable service level expectations for the public and
measurable standards for staff. This will provide a process to review customer
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Municipality of Clarington Page 4
Report PUB-001-25
experience feedback against the service delivery standards with the goal of continually
improving our services to meet customer expectations.
3.3 Clarington has had a CAO Policy F13 for Public Complaint Handling since 2017. This
policy, combined with the online public portal for submitting complaints, allows the
public to voice their concerns as feedback and provides the steps for public complaint
handling, up to and including escalating to the Ombudsman. The Municipal
Ombudsman investigates concerns about Municipal services and administrative
unfairness. Policy F13 will be reviewed and converted to a management directive.
3.4 The collection of the Respectful Conduct and forthcoming management directives will
lay the foundation for building a Customer Service Excellence model for the
Municipality, with the goal of enhancing the customer experience and clearly
articulating to our residents the service they can expect us to deliver on.
4. Financial Considerations
Not Applicable.
5. Strategic Plan
The recommendations in this report align with Council's objective L.3 Exceptional
program and service delivery. Specifically, these recommendations lay the foundational
work to address L.3.1 — Develop and implement customer service standards.
6. Climate Change
Not Applicable.
7. Concurrence
This report has been reviewed by the Deputy CAO/Solicitor who concurs with the
recommendations.
8. Conclusion
It is respectfully recommended that Council approve the draft policy as in Attachment 1.
This will provide clarity to staff and the public on its commitment to respect and
providing a safe space for all persons utilizing municipal services.
Upon approval of this report, staff will create management directives that outline how to
enforce restrictions on disrespectful behavior, establish measurable customer service
standards, and handle complaints as a valuable form of feedback.
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Municipality of Clarington
Report PUB-001-25
Page 5
Staff Contact: Christina Bruno, Business Coordinator, Public Services, cbruno aj�.clarington.net
Attachments:
Attachment 1 -Draft Respectful Conduct Policy CP-XXX
Interested Parties:
List of Interested Parties available from Department.
Page 27
Attachment 1 to Report PUB-001-25
Council Policy Clar*wji
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
Number:
CP-00#
Title:
Respectful Conduct
Type:
Community Relations
Owner:
Public Services, Customer Service
Approved By:
Council
Approval Date:
Click or tap to enter a date.
Effective Date:
Click or tap to enter a date.
Revised Date:
Click or tap to enter a date.
Applicable to:
All Staff, Department or Division
1. Legislative or Administrative Authority:
1.1. The Municipality of Clarington is committed to providing a safe and respectful
environment for everyone. Municipal Facilities are available to everyone for a
variety of purposes, such as work, recreation, programs, service and learning
and cultural events. Everyone's right to have access and participate on
Municipal Facilities is protected under the Canadian charter of Rights and
Freedoms.
1.2. The Municipality has duty to take care in all reasonable circumstances that all
persons that enter Municipal Facilities are reasonably safe under the
OCCUDierS' Liabilitv Act.
1.3. As the owner or occupier of Municipal Facilities and employer of a workplace,
the Municipality can exclude persons from Municipal Premises by issuing a
Trespass to Property Notice in accordance with the Trespass to Property Act.
1.4. The Municipality has a duty under the Occupational Health and Safety Act to
create policies with respect to workplace violence and harassment.
2. Purpose:
2.1. This Policy is in place to promote a respectful, tolerant environment within
Municipal Facilities, and to provide a framework for Employees to respond
appropriately to instances of Disrespectful Conduct.
Page 1 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wn
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2.2. This Policy provides examples of behaviours that constitute Disrespectful
Conduct and provides Employees with the authority to place a restriction on an
individual that does not comply with the rules of a Facility, Commitment of
Respect and this Policy.
3. Scope:
3.1. This policy applies to all Municipal Facilities and any person at a Municipal
Facility, including customers attending programs conducted by the
Municipality.
4. Definitions:
4.1. Alternative Measures means a restriction identified in section 7.4. that may be
issued against an individual for displaying Disrespectful Behaviour. The
Municipality will consider imposing Alternative Measures before imposing a
Temporary Ban or Trespass to Property Notices.
4.2. Commitment of Respect means the Municipality's commitment to all
Customers for a safe being at Municipal Premises. See Appendix B.
4.3. Disrespectful Conduct means any action or behaviour reasonably deemed by
an Employee to be contrary to the objectives of this Policy, the Commitment of
Respect, or rules of Municipal Premises or the law. It includes, but not limited
to frivolous and vexatious complaints, unreasonable behaviour, harassment,
vandalism and violent behaviours.
4.4. Employee(s) means full-time, part-time, permanent, temporary, seasonal,
volunteers, students and employees hired on a contract basis for a defined
period, including service providers contracted to provide service on behalf of
the Municipality.
4.5. Frivolous means a complaint, or request for service, that has no serious
purpose or merit.
4.6. Harassment means engaging in a course of vexatious comments, which is
intimidating, annoying or malicious and may relate to race, ancestry, place of
origin, colour, ethnic origin, citizenship, religion/creed, sex, sexual orientation,
age, record of offences (provincial offences and pardoned federal offences),
Page 2 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wn
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Coordinator at 905-623-3379 ext. 2131
marital status, family status or handicap that is known or ought reasonably to
be known to be unwelcome whether intended or not.
4.7. Municipality means the Corporation of the Municipality of Clarington.
4.8. Municipal Facilities or Municipal Facility means all property owned and
operated by the Municipality, including but not limited to buildings, facilities,
adjacent municipal property attached to the building, playgrounds, trails,
parking lots, parks and all land owned or occupied by the Municipality.
4.9. Temporary Ban means a 72-hour prohibition of entering a specific Municipal
Facility to allow for an investigation to take place.
4.10. Trespass to Property Notice means as authorized under the Trespass to
Property Act, a written notice prohibiting an individual from entering a specific
Municipal Facility for a specific duration and is issued to an individual by
Municipal Employee or law enforcement.
4.11. Vexatious means a complaint or request for service initiated with the intent to
embarrass or annoy an Employee or a pattern of conduct that amounts to an
abuse of the complaint and/or request for service process.
5. Identifying Disrespectful Conduct
5.1. When responding under this Policy, Employees will be guided by a progressive
approach to the application of restrictions and will escalate a response in
proportion to the persistence and severity of the Disrespectful Conduct.
Employees are to consider the circumstances of each case in its entirety
before determining their actions in response to a potential occurrence of
Disrespectful Conduct.
5.2. Examples of Disrespectful Conduct are provided below to aid
identification of behaviours that should not be tolerated by the
list is not exhaustive of all
Conduct.
Disrespectful Conduct
behaviours that can be classified a
s
Employees in
Municipality. The
Disrespectful
5.3. Examples of Disrespectful Conduct include, but are not limited to the following:
Page 3 of 13
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Attachment 1 to Report PUB-001-25
Council Policy ClaFIR4011
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Coordinator at 905-623-3379 ext. 2131
5.3.1. any activity that obstructs, prevents, or hinders the rights of others to use, and
enjoy Municipal Facilities.
5.3.2. any activity that obstructs, prevents, or hinders the operations of the
Municipality, its Employees in the delivery of a service.
5.3.3. any acts towards any person that are reasonably perceived to be threatening,
intimidating, harmful or harassing.
5.3.4. any use of profanity, obscene or derogatory language.
5.3.5. any racial, ethnic slurs, or slurs related to disability or gender and sexuality.
5.3.6. committing any nuisance, disturbing the peace, or acting contrary to public
order.
5.3.7. vandalism.
5.3.8. intentionally or recklessly damaging Municipal Facilities.
5.3.9. invasions of privacy, including taking photographs, video, or audio recordings
of persons without their consent.
5.3.10. loitering or causing a disturbance.
5.3.11. consumption of alcohol unless it is under the authority of a licensed special
event.
5.3.12. consumption of controlled drugs or substances without a prescription.
5.3.13. drug or alcohol intoxication.
5.3.14. viewing or exhibiting any sexually explicit print or digital imagery.
Frivolous or Vexatious Requests
5.4. Examples of a Frivolous or Vexatious request include, but are not limited to,
the following:
5.4.1. refusing to specify the grounds of a complaint, despite offers of assistance.
Page 4 of 13
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Attachment 1 to Report PUB-001-25
Council Policy ClaFIR4011
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5.4.2. making excessive demands on the time and resources of Employees with
lengthy requests through several service channels every few days and
demanding immediate response.
5.4.3. requests for information that the individual has already seen or has clear intent
to reopen issues that have already been considered and concluded.
5.4.4. refusing to accept the decision of the Municipality, repeatedly arguing points
with no new information.
5.4.5. where the individual states that the request is meant to cause maximum
inconvenience, disruption, or annoyance.
5.4.6. the individual is retaliatory or is initiated with the intent to embarrass or annoy
another member of the public or to use Municipal services or by-laws as a tool
in an ongoing neighbour dispute.
5.5. making unjustified complaints about Employees who are trying to deal with the
issues and threatening to negatively affect their employment status with the
Municipality.
6. Application
6.1. Employees have the discretion to act on this Policy when an incident of
Disrespectful Conduct is encountered through any of our service channels,
including, but not limited to in -person communication, written communication,
public meetings, telephone communication, email communication, social media;
and/or interactions at Municipal Facilities.
7. Restrictions
7.1. In accordance with this Policy, the Municipality may impose a restriction against
an individual displaying Disrespectful Conduct or not adhering to the
Municipality's facility rules, Commitment of Respect. The Municipality takes this
Policy seriously and can impose a restriction in a manner that is clear,
consistent, reasonable, and proportional to the individual's action(s).
7.2. Employees must abide by this Policy and refer to management directive that
outlines the practices and procedures for enforcing a restriction.
Page 5 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wji
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Imposition of Restrictions
7.3. Employees have the discretion to impose restrictions in response to
Disrespectful Conduct, including but not limited to, the following:
7.3.1. limit the individual's correspondence with Employees to a particular format such
as email only, or telephone call at specific times and specific durations.
7.3.2. limit the individual to an established point of contact at the Municipality. The
individual will not be able to interact with any Employee outside of the point of
contact.
7.3.3. require any face-to-face interactions between the individual and the established
point of contact to take place in the presence of an appropriate witness and in a
suitable location.
7.3.4. require that the individual produce full disclosure of documentation or
information before Employees will investigate any new complaints.
7.4. instruct Employees not to investigate any complaints regarding an issue that
has already been investigated, or which is substantially like an issue which has
already been investigated.
7.5. inform the individual that further contact on the matter of the complaint or
request will not be acknowledged or replied to, and,
7.6. in extreme circumstances, instructing Employees to severely reduce or
completely cease responses to further complaints and correspondence from
the individual; or
7.7. limiting or regulating the individual's use of or access to Municipal Property.
Temporary Ban
7.8. Employees have the authority to enforce a 72-hour Temporary Ban against an
individual found to have engaged in Disrespectful Conduct.
Trespass to Property Notice
Page 6 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wn
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Coordinator at 905-623-3379 ext. 2131
7.9. When all other possible measures have been implemented, the Municipality
may impose a Trespass to Property Notice against an individual.
7.10. Appendix A, Enforcement Guidelines have been provided to Employees to
support the decision and consequences for a Trespass to Property Notice. The
examples contained in Appendix A are not exhaustive of all forms of
Disrespectful Conduct. Each incident will be evaluated based on all available
information, and the consequences outlined below may be adjusted to reflect
case -by -case circumstances.
7.11. Any persons issued a Trespass to Property Notice will not be subjected to
undue hardships. The individual may arrange for a third party, such as a friend
or family member to access a service on their behalf through an appointed
Municipal contact.
7.12. These guidelines apply to all customers who breach any Municipal Policy, Code
of Conduct or Commitment of Respect.
8. Request for Reconsideration
8.1. All decisions made under this Policy are final.
9. Roles and Responsibilities:
9.1. Council is responsible for:
9.1.1. Adopting, reviewing and amending this Policy as appropriate.
9.2. Chief Administrative Officer (CAO) is responsible for:
9.2.1. Ensuring staff compliance with this Policy.
9.3. Directors / Managers are responsible for the following within their scope
of authority:
9.3.1. Ensuring that the procedure for enforcement of this Policy is managed in
accordance with the Respectful Conduct Enforcement Practices and
Procedures.
Page 7 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wji
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9.4. All Staff are responsible for:
9.4.1. Following this policy.
10. Appendices
10.1. The following Appendices are attached to and form a part of this policy:
Appendix A — Enforcement Guidelines; and
Appendix B — Commitment of Respect.
11. Related Documents:
11.1. Public Complaint Handling Management Directive.
11.2. Respectful Conduct Enforcement Practices and Procedures Management
Directive.
12. Policy Inquiries:
12.1. The CAO or designate is responsible for inquiries regarding this policy.
13. Revision History:
Date Description of Changes Approved By
Page 8 of 13
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Attachment 1 to Report PUB-001-25
Council Policy CiaFIR4011
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Appendix A Enforcement Guidelines
Disrespectful
Consequence
Consequence
Consequence of
Consequence of any
Conduct
of 1ST
of 2ND
311 Occurrence
Subsequent
Occurrence
Occurrence
Occurrence
Harassment:
Minimum
Minimum
Minimum
Minimum 3-year
Verbal abuse
1-month ban.
3-month ban.
1-year ban.
ban and review to
determine if further
consequences are
warranted.
Harassment:
Minimum 3-
Minimum 6-
Minimum 2-year
Minimum 3-year
Threats and
month ban.
month ban.
ban.
ban and review to
attempts to
determine if further
intimidate.
consequences are
warranted.
Attempts to
provoke or
incite
violence in
others.
Violence:
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year
Throwing of
month ban.
ban.
ban.
ban, and a review
articles in an
to determine if
aggressive
further
manner.
consequences are
warranted.
Violence:
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year
Physical
month ban.
ban.
ban.
ban and a review
striking of
to determine if
another
further
individual
consequences are
warranted.
Page 9 of 13
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Attachment 1 to Report PUB-001-25
Council Policy ClaFIR4011
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Coordinator at 905-623-3379 ext. 2131
Disrespectful
Consequence
Consequence
Consequence of
Consequence of any
Conduct
of 1ST
of 2ND
311 Occurrence
Subsequent
Occurrence
Occurrence
Occurrence
Vandalism:
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year ban
vandalism to
month ban.
ban.
ban.
and review to
City property,
determine if further
vandalism to
consequences are
private
warranted.
property on
City property
or theft.
Discrimination:
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year ban
Racial, ethnic
month ban.
ban.
ban.
and review to
slurs, or slurs
determine if further
related to
consequences are
disability or
warranted.
genderand
sexuality.
Unacceptable
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year ban
Behaviour:
month ban.
ban.
ban.
and review to
Consumption of
determine if further
alcohol or of
consequences are
legal or illegal
warranted.
drugs.
Appearance of
impaired
judgment on
Municipal
property due to
consumption of
alcohol or
drugs.
Page 10 of 13
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Attachment 1 to Report PUB-001-25
Council Policy ClaFIR4011
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Disrespectful
Conduct
Consequence
of 1ST
Occurrence
Ah
Consequence
of 2ND
Occurrence
Consequence of
311 Occurrence
Consequence of any
Subsequent
Occurrence
Inappropriate
Minimum 1-
Minimum 3-
Minimum 1-year
Minimum 3-year ban
Internet Usage
month ban.
month ban.
ban.
and review to
and Abuse of
determine if further
Technology:
consequences are
Use of wireless
warranted.
internet
connectivity to
view, produce or
exhibit lewd or
offensive
materials.
Inappropriate
Minimum 6-
Minimum 1-year
Minimum 3-year
Minimum 3-year ban
Internet Usage
month ban.
ban.
ban.
and review to
and Abuse of
determine if further
Technology:
consequences are
Use of wireless
warranted.
internet
connectivity
to view,
produce or
exhibit illegal
materials, such
as child
pornography or
hate
propaganda.
Page 11 of 13
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Attachment 1 to Report PUB-001-25
Council Policy Clar*wji
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Disrespectful
Conduct
Consequence
of 1ST
Occurrence
Consequence
of 2ND
Occurrence
Consequence of
311 Occurrence
Consequence of any
Subsequent
Occurrence
Inappropriate
Minimum 1-
Minimum 3-
Minimum 1-year
Minimum 3-year ban
Internet Usage
month ban.
month ban.
ban.
and review to
and Abuse of
determine if further
Technology:
consequences are
Use of
warranted.
technology
devices to
photograph
images without
Municipal
authorization in
advance.
Appendix B: Commitment of Respect
Commitment of Respect
The Municipality of Clarington and its employees are committed to providing clean,
safe, welcoming and inclusive facilities to our customers and guests.
If you see a problem, please approach any member of our staff team and they would
be happy to assist.
To support this safe and welcoming environment, customers and guests are expected
to:
Respect Other Customers and Guests
• Respect people's personal space
• Respect people's differences
• Support other customers and guests by identifying challenges to staff.
• Respectful Interactions, free from harassment, bullying, racism or threatening
behaviour.
Page 12 of 13
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Attachment 1 to Report PUB-001-25
Council Policy ClaFIR4011
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Coordinator at 905-623-3379 ext. 2131
• Respect the use of service animals.
Respect Staff
• Respect staff in their role and direction provided
• Respectful interactions, free from harassment, bullying, racism or threatening
behaviour.
Respect the environment.
• Respect the rules of the facility, including but not limited to:
o No smoking By -Law 028-2019
o Prohibited use of recording devices in washrooms and changerooms
• Respect the condition of the facility, assist in keeping it clean and vandalism
free.
Interactions and behaviours that are seen to break this commitment to respect may
lead to your removal and restriction of access to our facilities and services under the
Respectful Conduct Policy.
Page 13 of 13
Page 40
Clarftwn
Staff Report
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Report To: General Government Committee
Date of Meeting: January 13, 2025 Report Number: PDS-001-25
Authored by: Robert Brezina, Capital Works Engineer
Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Mary -Anne Dempster, CAO
By-law Number: Resolution Number:
File Number:
Report Subject: Whistle Cessation at CN Rail Grade Level Crossings at Bennett Road
and Cobbledick Road
Recommendation:
1. That Report PDS-001-25, and any related delegations or communication items, be
received;
2. That staff be directed to continue with work to implement whistle cessation at the
Bennett Road and Cobbledick Road CN Rail grade level crossings;
3. That staff be directed to report back with a draft resolution in Q1 2025 to implement
whistle cessation and to provide notice of intent to the public in accordance with the
applicable Federal legislation; and
4. That all interested parties listed in Report PDS-001-25 and any delegations be advised
of Council's decision.
Page 41
Municipality of Clarington
Report PDS-001-25
Report Overview
Page 2
The purpose of this report is to provide Council with an update on the progress of work to
secure whistle cessation at the Bennett Road and Cobbledick Road CN Rail grade level
crossings and request that Council direct staff to submit formal request to CN Rail for whistle
cessation.
1. Background, Previous Council Resolutions and Budget
Approvals
1.1 Municipal residents have raised concerns about the noise of train whistles at the
Bennett Road and Cobbledick Road CN Rail grade level crossings (the "Crossings"),
particularly those residents within the Wilmot Creek Community that reside within close
proximity of the Crossings, with numerous delegations made to Council throughout the
years.
1.2 From 2018 Council has directed Staff to undertake various actions in support of their
commitment to pursue whistle cessation at the Bennett Road and Cobbledick Road
grade level crossings. These include:
Resolution #C-072-18 (March 2, 2018) directed staff to report back on the
estimated costs associated hiring a consultant to review municipal wide whistle
cessation, to report back on options for low-cost highway rail active warning
systems.
Resolution #GG-389-18 (September 19, 2018) directed that a Municipal Wide
Whistle Cessation Study be referred to the Municipality's 2019 Budget.
1.3 Council subsequently redirected focus specifically for the Bennett Road and Cobbledick
Road grade level crossings:
Resolution #C-066-19 - Special General Government Committee Report to
Council — February 25, 2019
That Capital Project 32-330-19107 — Whistle Cessation Study, in the amount up to
$150,000, be drawn from the Tax Rate Stabilization Reserve Fund to proceed to
the next step, as per the 2018 study (referring to a study undertaken specifically
for Bennett Road and Cobbledick Road), for nighttime Whistle Cessation at
Bennett Road, Cobbledick Road and Lake Road;
Resolution #C-349-20 (July 7, 2020) directed staff to report back at the Joint
Committee meeting of September 14, 2020, with potential funding options and
various data requests pertaining to safety improvements at the Cobbledick Road
and Bennett Road grade level railway crossings in the pursuit of whistle cessation
at these crossings.
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Municipality of Clarington Page 3
Report PDS-001-25
1.4 From 2020 to 2022 Council approved Capital Budget to move forward with the required
safety improvements to support the implementation of whistle cessation.
1.5 The Municipality successfully obtained a commitment for up to $697,000 from Transport
Canada's 2022 Railway Safety Improvement Program (RSIP) for the proposed safety
upgrades at the Cobbledick Road grade level crossing.
2. Road and Grade Level Crossing Characteristics
2.1 Both roadways primarily service traffic movements into and out of the Lakebreeze
Subdivision and the Wilmot Creek Community.
2.2 Bennett Road is ultimately expected to see approximately 3,200 vehicles per day.
2.3 Data received by the Municipality from CN Rail indicates that both grade level crossings
currently see 54 annual daily railway movements comprised of 21 CN freight trains and
33 high speed passenger class VIA Rail trains.
3. Infrastructure Upgrades and Current Status
3.1 During budget preparation, a pre -consultation meeting between Municipal Staff and CN
Rail was held to determine the safety upgrades required to permit whistle cessation.
Further to this, the following safety issues were noted:
The close proximity of Service Road to the grade level crossing contained
partially obstructed sightlines due to CN above ground infrastructure.
The rail corridor carries CN Rail freight in addition to VIA Rail passenger trains
which vary in travel speed. This variance creates a non -uniform warning signal
activation which can result in excessive queues due to slow trains and can lead
to impatient motorists. Replacement of the warning system with a Constant
Warning Time Device would create uniformity and predictability in warning
system activations and deter dangerous movements due to impatience or false
perceptions of a clear rail corridor.
There were several signage and line painting deficiencies that were not in
compliance with current grade crossing standards that needed to be rectified.
3.2 Staff facilitated and coordinated with CN Rail for the installation of the required safety
upgrades at the grade level crossings that would permit whistle cessation to be
implemented at the crossings. Installation of the new safety upgrade infrastructure was
delayed due to CN's competing priorities in addressing mandatory upgrades to grade
level crossings to comply with Transport Canada's requirements and in-service deadline
dates, as well as addressing deficiency orders issued by Transport Canada thereby
occupying much of CN's staff and material resources.
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Municipality of Clarington Page 4
Report PDS-001-25
3.3 The warning system safety upgrades were completed at both grade level crossings with
an in-service date of May 29, 2024. These upgrades included the installation of a
Constant Warning Time Device / Motion Sensor Device warning system, relocation of
the CN Rail communications bungalow at Cobbledick Road, corrections to roadway
signage and line paint, and vegetation removals. Further deficiency corrections on the
road approaches and upgrades to the Bennett Road crossing surface were completed in
September 2024.
3.4 The grade level crossing warning system upgrades at Bennett Road were required as
part of the Conditions of Draft Approval for the Lakebreeze Subdivision and were funded
by the Developer with no Municipal contribution required.
4. Subsequent Steps — Transport Canada Whistle Cessation
Guideline
4.1 Staff are currently preparing to initiate the next steps of the whistle cessation process
outlined by Transport Canada, namely:
The Municipality notifies all relevant associations, organizations, and the public of
its intent to pass a resolution to stop train whistling at the Crossings.
The Municipality passes a resolution stating that it agrees that train whistling
should not be used at the Crossings and subsequently notifies Transport Canada
and all relevant associations and organizations of the resolution.
A full description of Transport Canada's whistle cessation guideline can be found at the
link below:
https://tc.canada.ca/en/rail-transportation/grade-crossings/apply-stop-train-whistling-
public-grade-crossing
5. Financial Considerations
5.1 Each grade level crossing maintains a separate and site -specific Board Order which
outlines the responsibilities and cost share obligations of both the rail authority and
Road Authority (the Municipality) as it relates to the maintenance and replacement of
any grade level crossing infrastructure including the warning system.
5.2 Although the grade level crossing Constant Warning Time Device / Motion Sensor
Device warning system was paid for in full by the Municipality and the external
Developer, the warning system remains an asset under CN's direct ownership and will
maintain a 50% / 50% maintenance cost share split as noted in the current Board
Orders for each grade level crossing.
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Municipality of Clarington Page 5
Report PDS-001-25
5.3 The Municipality pays an annual maintenance fee to the rail authority for the general
operation and upkeep (maintenance, warning system testing, electricity, etc.) of the grade
level crossings and warning system infrastructure. CN has advised that, as the existing
system prior to the upgrades contained a crossing warning system with gates, and that the
upgraded systems reflect the same condition, no annual maintenance increases will result
from the implementation of the Constant Warning Time Device / Motion Sensor Device
warning system above the annual indexation increase regulated by the Canadian
Transportation Agency.
5.4 Further to the above, the Municipality will be required to maintain the grade level crossings
to ensure continued compliance with Transport Canada's Grade Crossing Regulations and
Grade Crossing Standards. This includes the upkeep of the road approach surfaces, the
crossing surface between the rails, road signage, line painting, vegetation removal, etc. If
a crossing falls below compliance, the rail authority may choose to reintroduce whistling at
their discretion.
5.5 At the time of this Report, final invoicing from CN Rail has not been received and the final
cost for the implementation of the safety upgrades has not been determined however final
costs are projected to come in under the allocated budget.
6. Strategic Plan
6.1 Not Applicable.
7. Climate Change
7.1 Not Applicable.
8. Concurrence
8.1 Not Applicable.
9. Conclusion
9.1 It is respectfully requested that Council direct Staff to report back with a draft resolution in
Q1 2025 to implement whistle cessation and to provide notice of intent to the public in
accordance with the applicable Federal legislation.
Staff Contact: Robert Brezina, Capital Works Engineer — Planning and Infrastructure Services,
905 623 3379 ext. 2331 or RBrezina@Clarington.net
Colin Lyon, Associate Solicitor — Legislative Services, 905 623 3379 ext. 2027 or
CLyon@Clarington.net
Interested Parties:
The following interested parties will be notified of Council's decision:
Sandra Moore — President — Wilmot Creek Homeowners' Association
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Clarftwn
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: January 13, 2025 Report Number: CAO-001-25
Authored by: Paul Pirri, Director, Economic Development
Submitted By: Mary -Anne Dempster, CAO
By-law Number: Resolution Number:
File Number:
Report Subject: Economic Development Action Plan
Recommendations:
1. That Report CAO-001-25, and any related delegations or communication items, be
received;
2. That the 2025-2026 Economic Development Action Plan attached to Report CAO-001-
25, as Attachment 3, be endorsed;
3. That deferral of the remaining items in the Economic Development Strategy, be
supported;
4. That the Priority G1.4 of the Clarington Strategic Plan be postponed at this time; and
5. That all interested parties listed in Report CAO-001-25, and any delegations be advised
of Council's decision.
Page 46
Municipality of Clarington
Report CAO-001-25
Report Overview
Page 2
Report CAO-001-25 provides an update on the progress of the implementation of the
Municipality of Clarington's Economic Development Strategy and the action items related to
economic development in the municipalities' Strategic plan. This report prioritizes actions to
be undertaken by the municipality's economic development team.
1. Background
1.1 Economic Development staff undertook a review of both Clarington's Strategic Plan
(2024-2027) and the 2022 Economic Development Strategy. Upon review, it is apparent
staff will not be able to complete all actions contained within both documents during the
specified timeframe. Staff have developed a new action plan which consolidates the
achievable action items into one document. This action plan is proposed to guide the
work of the economic development team in 2025 and 2026. In 2026, staff propose to
complete a new economic development strategy to be approved in early 2027. Below is
an overview of the review, with the full review included as an attachment to this report.
Clarington Strategic Plan Review
1.2 Staff undertook a review of the 2024 Clarington Strategic Plan. Economic Development
is responsible for the implementation of 11 of the 101 action items within the plan.
These are highlighted below here:
Expected Results
Priorities
Number of
Actions
C.2 - Residents are
C.2.1 - Support efforts to improve access to
2
safe and healthy
medical practitioners and health care services
G.1 -A strong local
G.1.1 - Expand Clarington's commercial and
2
economy
industrial tax base
G.1 -A strong local
G.1.2 - Continue to support business and
3
economy
industry to thrive
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Municipality of Clarington
Report CAO-001-25
Page 3
Expected Results
Priorities
Number of
Actions
G.1 -A strong local
G.1.3 - Continue active involvement in clean
2
economy
energy sector
G.1 -A strong local
G.1.4 - Establish a small business incubator
2
economy
1.3 It is expected the action items contained within the Clarington Strategic Plan will be
completed as expected, with the exception of Priority G.1.4 - Establish a small business
incubator.Staff are proposing Strategic Plan Priority G.1.4 - Establish a small business
incubator and its associated Action Items (G.1.4.1 - Launch a small business incubator,
and G.1.4.2 - Take steps to attract businesses for incubation) be postponed. Upon
review, it is not feasible to complete action G.1.4 Establish a small business incubator
during the specified timeframe. There are three primary reasons for this
recommendation:
1.3.1. Lack of space — Economic Development staff have undertaken a review of
potential locations for a small business incubator. There is no suitable municipal
space to house an incubator.
1.3.2. Lack of mandate —No business case has been established demonstrating a need
for an incubator within the municipality. Economic Development staff have
concerns about the long-term viability of a small business incubator, and the cost
required to sustain such a venture.
1.3.3. Lack of community leadership — A key driver of incubator success is the
presence of local companies and champions who take a leadership role in their
development. These endeavors should not be led by municipalities without
identifying a strong private sector team to assume the operations and financial
obligations of the incubator in the medium to long term.
Economic Development Strategy Review
1.4 In June of 2022, the Municipality of Clarington adopted the Municipality of Clarington's
Economic Development Strategy. This strategy identified 61 action items across three
Strategic Priorities. Staff have undertaken a review of the work accomplished to -date.
The full review is included as an attachment to this report. Of the 61 items proposed, 14
Municipality of Clarington Page 4
Report CAO-001-25
items have been completed leaving 47remaining. The distribution of action items within
the strategic priorities and the breakdown of items to be completed are:
Objectives
Number of
Initiatives
Number of
initiatives still
to be complete
Expand inventory of serviced employment land
6
6
Enhance policies and incentives
7
7
Engage local businesses & regional partners
8
5
Implement a formal business retention & expansion
program
8
4
Enhance the development approvals process
4
3
Align target sector opportunities with new growth areas
8
8
Develop an energy -sector value proposition
7
7
Implement proactive marketing
6
3
Build economic development capacity
7
4
Implementation Challenges
1.5 The review identified three primary implementation challenges to the Municipality's
Economic Development Strategy, these are:
1.5.1. Staff Turnover and Economic Development Knowledge
The economic development team has experienced significant change and turnover
since the implementation of the strategy. Further, not all members of the team had
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Municipality of Clarington
Report CAO-001-25
Page 5
direct experience working in the field of economic development. This created knowledge
gaps and a requirement to learn on the job. This delayed the implementation of projects.
1.5.2 Ambiguous Actions and Outcomes
A number of the approved action items lack clarity in what is to be completed or
achieved. An example is Action 1.3.3. "Collaborate to enable the positioning of the
downtowns and rural areas as destinations for residents and visitors." Staff are
recommending modification to some action items, and the removal of others to be clear
about what is to be achieved.
1.5.3 Scope Alignment
The final implementation challenge is related to the inclusion of action items falling
outside of the scope of the Economic Development team. When first established, the
Municipality's Economic Development function reported into the Deputy CAO, Planning
and Infrastructure. The strategy was developed with planning responsibilities intermixed
with economic development responsibilities. Since it's adoption, the economic
development function has been moved to the Office of the CAO. Staff are
recommending moving forward with a pure economic development action plan.
2. Analysis
2.1 Economic Development staff have undertaken a detailed review of Clarington's
Strategic Plan (2024-2027) and the 2022 Economic Development Strategy. These two
documents remain relevant; however, it has become clear staff will not be able to
complete the remaining actions contained within both documents within the next two
years. Staff have developed a new action plan which consolidates the achievable action
items into one document.
2.2 The proposed Action Plan will support the continued implementation of Clarington's
Strategic Plan. Staff have recommended Strategic Plan Priority G.1.4 - Establish a small
business incubator be abandoned at this time. All other economic development related
priorities will be completed by the end of 2026.
2.3 The proposed Action Plan will support the implementation of the Clarington Economic
Development Strategy by prioritizing achievable items over the next two years. A full
review of the action items contained in the Clarington Economic Development Strategy
is attached to this report. A new Economic Development Strategic Plan will be
developed for 2027 to meet the changing needs in the Municipality.
2.4 A new Economic Development action plan is proposed to guide the work of the
municipality over the next two years. This will focus on completing traditional economic
development priorities as a lead up to the development of a new Economic
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Municipality of Clarington Page 6
Report CAO-001-25
Development Strategy in 2027. This action plan will focus on the following categories,
getting investment ready; Strengthening local sectors; and Adopting a best -in -class
mindset. A 23-point action plan is proposed comprised of 16 existing action items, and 7
new action items.
2025-2026 Action Plan
Gettina Investment Read
2.5 The first priority of the action plan will support the Municipality's investment attraction
goals. Increasing the commercial and industrial investment in the municipality will
support a greater taxation balance for residents and make it easier for residents to live
and work in Clarington. The municipality is facing two obstacles in the achievement of
this goal. The lack of serviced industrial land, and the policies, processes and tools to
support the municipality's work. The action plan will support the removal of both
obstacles.
Action Source Description Planned
Completion
Identify
priority
unserviced
areas
Advocate for
increased
water/sewer
and electrical
servicing
capacity for
industrial and
commercial
lands
Develop and
implement a
Clarington Staff will utilize a 3rd party to undertake an 2025
Strategic employment lands study in 2025. This
Plan study will review the supply and demand
of employment land to ensure the
municipality of Clarington is well
positioned to attract new investment in
future years
Clarington Continue to work with the Region of Ongoing
Strategic Durham to advocate for servicing to
Plan unlock existing and new employment
lands. Staff will investigate other servicing
models including front-end agreements to
advance local priorities.
Clarington Staff will Develop and implement a 2025
Strategic Concierge Program in 2025. This program
Page 51
Municipality of Clarington
Report CAO-001-25
concierge Plan and
will streamline and prioritize local and
program Clarington
regionally significant non-residential
Economic
development applications, leading to
Development
employment growth. It will be developed
Strategy
in-house utilizing recognized municipal
best practices as its foundation.
Development New
The Investment Attraction Strategy will
Investment
undertake the following analysis to meet
Attraction
the needs of the Municipality of
Strategy
Clarington: external trend review, local
and regional sector review, value
proposition development.
Develop
Clarington
An Investment Attraction Standard
Investment
Economic
Operating Procedure Document will be
Attraction
Development
established to ensure consistency when
SOP
Strategy
responding to investment inquiries. It will
Document
further proactively track investment
outcomes.
2025
2025
Develop
Clarington
Develop a local business ambassador 2026
formal Local
Economic
program with industry leaders who can
Business
Development
meet potential investors during site -
Ambassador
Strategy
selection visits and/or to whom site
Program
selectors can be confidentially referred for
positive testimonials about Clarington.
Develop New Economic Development Staff, in 2026
Economic collaboration with Communications will
Development develop an outbound marketing plan to
Marketing outline audiences, outreach methods and
Plan develop standardized templates for items
such as newsletters.
Complete New Staff will utilize a 3rd party to develop a
Hotel and Hotel and Banquet Centre Feasibility
Banquet study to support the attraction of a hotel
Centre
2025
Page 7
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Municipality of Clarington
Report CAO-001-25
Feasibility and banquet centre to the municipality of
Study Clarington.
Strengthening Local Sectors
Page 8
2.6 As a result of the existing Economic Development Strategy and Clarington Strategic
Plan, the economic development team will be implementing action items which will grow
and support the clean energy/nuclear sector, the medical sector and the agricultural
sector over 2025-2026. As staff undertake an Investment Attraction Strategy, a
statistical analysis of the strength of local sectors will be undertaken which will influence
the inclusion of other sectors in future strategy updates.
Action Source Description Planned
Completion
Partner with
Clarington
Staff will continue to work with Docs for
Ongoing
Region of
Strategic
Durham to support regional physician
Durham to
Plan
recruitment programs. Staff will also
create a
continue to work on developing a local
Family
family physician recruitment program in
Physician
partnership with local health care
Recruitment
providers.
program
Connect with Clarington Economic Development will undertake Ongoing
local health Strategic meetings with local service providers to
care providers Plan promote Clarington's local family
to advocate for physician recruitment program.
increased
access to
services
Identify and Clarington Economic Development will continue to Ongoing
capitalize on Strategic support the attraction of organizations
economic Plan falling within the nuclear supply chain.
opportunities
from small
modular
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Municipality of Clarington
Report CAO-001-25
reactor
deployment
Explore
opportunities
to advance
clean energy
initiatives and
partnerships
Strengthen
Clarington's
Agricultural
Sector
Collaborate on
the
implementation
of Durham
Region's Local
Food Business
Retention and
Expansion
Strategy Action
Plan.
Connect with
nuclear sector
supply chains
Page 9
Clarington Economic Development will engage Ongoing
Strategic regularly with upper levels of government
Plan and external stakeholders to monitor and
identify programs to support businesses
to incorporate clean energy technology
into their operations. Promote these
opportunities through digital media
marketing and attending events to support
the Clean Energy sector.
Clarington
Economic Development will work with the Ongoing
Economic
agriculture sector to provide targeted
Development
support to develop policies and incentives
Strategy
for on -farm diversification, agribusiness,
agri-tourism, and agri-tech.
Clarington In 2023, the Region of Durham adopted
Economic the Growing Agri -food Durham Plan 202"
Development 2027. Clarington Economic Development
Strategy will partner on relevant initiatives to
support the plan's key themes.
Clarington
Convene an advisory working group to
Economic
support the creation of a high-tech energ
Development
hub in Clarington and to explore new beE
Strategy
practices for a cluster -focused high-tech
energy hub in North America.
2025-2026 1
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Municipality of Clarington
Report CAO-001-25
Adoatina a Best -in -Class Mindset
Page 10
2.7 The final priority undertaken in the action plan will focus on adopting a "best -in -class"
mindset to the work undertaken by the economic development team. The Municipality of
Clarington will aim to create tools, programs and initiatives which will be economic
development industry leaders.
Action Source Description Planned
Completion
Develop tools Clarington Economic development will be launching 2025 - 2026
to support local Strategic tools such as the local vendor directory,
businesses Plan and relevant training programs for local
(large, small businesses.
and home
based)
Undertake a
Clarington
Economic Development staff will be 2025
Community
Economic
engaging a 3rd party to support a review
Improvement
Development
to the municipality's Community
Plans (CIP)
Strategy
Improvement Plan program responsive
review
to the needs of priority property owners,
and to be complementary to the new
Regional CIP.
Report annually Clarington
to Council Economic
Development
Strategy
Economic Development will be 2025-2026
developing a standard reporting template
for annual reports to Council
Develop Clarington Economic Development will work with a 2026
downtown Economic 3rd party to develop downtown
placemaking Development revitalizations plans for each of the urban
and Strategy core communities.
revitalization
plans for urban
core areas
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Municipality of Clarington
Report CAO-001-25
Develop Sector
Profiles that
align with
existing
branding
Integrate
advanced data
tools
New Staff will work to develop sector profiles 2025
aligned to the new Investment Attraction
Strategy.
New
Economic Development has acquired a 12025
new labour force and industry tool. This
platform will allow the municipality to
respond to investment inquiries with
increased professionalism.
Launch new New Economic Development is working with 12025
resident corporate communications to develop a
welcome new resident welcome package which
package will include community information and
event and program marketing materials.
Implement a New
Municipal
Accommodation
Tax
Investigate the feasibility of developing 2026
and implementing a Municipal
Accommodation Tax.
3. Financial Considerations
Page 11
3.1 None. All proposals in this document are expected to be completed within the existing
funding envelope or with planned draws to the Economic Development Reserve Fund.
4. Strategic Plan
4.1 As described in this report, propose implementing a new action plan supportive of the
Municipality of Clarington's Strategic Plan. The report identifies Strategic Plan Priority
G.1.4 - Establish a small business incubator should be abandoned by the Municipality of
Clarington due to overall project feasibility.
5. Climate Change
Not Applicable.
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Municipality of Clarington Page 12
Report CAO-001-25
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that Council receive this report and approved the
adoption of the proposed 2025-2026 Action Plan as described therein. It is further
respectfully recommended that the amendments to the Clarington Strategic Plan (2024-
2027) contained in the report be approved.
Staff Contact: Paul Pirri, Director, Economic Development, ppirri _clarington.net
Attachments:
Attachment 1 — Clarington Strategic Plan Economic Development Review
Attachment 2 — Economic Development Strategy Action Items Review
Attachment 3 — Proposed 2025-2026 Economic Development Action Plan
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 57
Attachment 1 to Report CAO-001-25
Clarington Strategic Plan Review (Economic Development Significance)
C.2 Residents are safe and Healthy
C.2.1 Support efforts to improve access to medical practitioners and health care services
C.2.1.1 - Partner with Region of Durham ' Incorporate into new
to create a Family Physician Recruitment action plan
program
C.2.1.2 - Connect with local health care Incorporate into new
providers to advocate for increased action plan
access to services.
G.1 -A strong local economy
G.1.1 - Expand Clarington's commercial and industrial tax base
This work is ongoing with the region. Staff will continue to support initiatives
identified by the Durham Physician Engagement team, which are bolstered
by the municipality's recently adopted Physician Recruitment Program.
The Economic Development division will conduct corporate calls with
physicians and healthcare related organizations to advocate for increased
services
G.1.1.1 - Identify priority unserviced areas Incorporate into new The development of an employment lands study to be completed in 2024.
action plan Due to staffing changes, this work will be undertaken in 2025.
G.1.1.2 - Advocate for increased Incorporate into new Economic Development will work with the Engineering Division to monitor
water/sewer and electrical servicing action plan and report to Council annually on Regional and Provincial servicing projects
capacity for industrial and commercial in employment lands
lands i
G.1 -A strong local economy
G.1.2 - Continue to support business and industry to thrive
M1010iT .le•%]iitiitanLuF:1tma
G.1.2.1 - Implement actions and tactics Staff will report on the
within Clarington's Economic execution of the 2025-
Development Strategy 2026 action plan
G.1.2.3 - Develop tools to support local Incorporate into new
businesses (large, small and home- action plan
based)
Staff have undertaken a review of the 2022 Economic Development
Strategy, and do not believe that it will be feasible to implement the
remaining action items contained in the 2022 Economic Development 7
Strategy by 2027. The proposed Economic Development Action Plan has
outlined the items which are able to be completed by this deadline.
Staff will be developing and launching a suite of tools and programs to
support local businesses. Examples of these programs include a low value
procurement program and online portals to support CIP and Patio programs. i
Page 58
G.1.2.4 - Implement a concierge program ' Incorporate into new The development and implementation of a municipal concierge program
to streamline and prioritize non-residential action plan was expected to be completed in 2024. Due to staffing changes, this work
development applications, leading to will be undertaken in 2025.
employment growth
G.1 -A strong local economy
G.1.3 - Continue active involvement in clean energy sector
EM or- JI
G.1.3.1 - Identify and capitalize on Incorporate into new Economic Development will work with local and international suppliers who
economic opportunities from small action plan are looking to operate in close proximity to the future SMRs.
modular reactor deployment
G.1.3.2 - Explore opportunities to Incorporate into new Economic Development will work with the private sector, and non -
advance clean energy initiatives and action plan government organizations to advance clean energy initiatives and
partnerships partnerships.
G.1 -A strong local economy
G.1.4 - Establish a small business incubator
G.1.4.1 - Launch a small business Remove from action Economic Development Staff are not recommending the execution of this
incubator plan Priority. It is no longer feasible to complete action G.1.4 Establish a small
business incubator. There are three primary reasons for this recommendation:
• Lack of space — Economic Development staff have undertaken a review
of potential locations for a small business incubator. There is no suitable
municipal spaces to house an incubator.
• Lack of mandate —No business case has been established
demonstrating a need for an incubator within the municipality. Economic
Development staff have concerns about the long-term viability of a small
business incubator, and the cost required to sustain such a venture.
• Lack of community leadership —A key driver of incubator success is the
presence of local companies and champions who take a leadership role
in their development. These endeavors should not be led by
municipalities without identifying a strong private sector team to assume
the operations and financial obligations of the incubator in the medium
to long term.
G.1.4.2 - Take steps to attract Remove from action This item will not be completed as the municipality will not develop a small
businesses for incubation plan business incubator.
Page 59
Economic Development Strategy
Cultivate an innovative land -use framework
Obiective 1.1: Expand Servicing of E
1.1.1 Advocate for a minimum five-year
supply of shovel -ready industrial land is
available, on the market, and in a range
of lot sizes for adequate market choice.
1.1.2 Advocate for increased water/sewer
and electrical servicing capacity for
industrial and commercial land inventories
to accommodate future employment
growth.
1.1.3 Collaborate with commercial real
estate representatives to update the
available land inventory regularly.
1.1.4 Connect the available land inventory
to the municipality's GIS system to
facilitate inquiries about all property
parcels.
ent Land
Remove from action
plan.
Remove from action
plan
Incorporate modified
version in new action
plan
Incorporate modified
version in new action
plan
1.1.5 Share the available land inventory Incorporate modified
on the economic development website version in new action
with permission from landowners and/or plan
agents.
This item will be superseded by action item: "G.1.1.1 - Identify priority
unserviced areas" which is contained in the Clarington Strategic Plan.
This item will be superseded by action item: "G.1.1.2 - Advocate for
increased water/sewer and electrical servicing capacity for industrial and
commercial lands" which is contained in the Clarington Strategic Plan.
Staff will be seeking to simplify the action plan. This item can be
consolidated into a new action plan item:
Develop and implement Investment Attraction Standard Operating
Procedures document.
Staff will be seeking to simplify the action plan. This item can be
consolidated into a new action plan item:
Develop and implement Investment Attraction Standard Operating
Procedures document
Staff will be seeking to simplify the action plan. This item can be
consolidated into a new action plan item:
Develop and implement Investment Attraction Standard Operating
Procedures document
1.1.6 Work with communications Remove from action The work of this action item is being accomplished as part of the
providers to fill broadband gaps and plan Municipality of Clarington's Strategic Plan, specifically Priority C1.1 —
improve cell service with attention to Enhance internet and cellular connectivity across the community. As such it
existing and planned employment lands. will be removed to simplify the plan.
Page 60
Obiective 1.2: Enhance policies and incentives
1.2.1 Modernize Zoning By -Laws so they Incorporate into new Action Plan Item:
are flexible enough to allow desired action plan Modernize Zoning By -Laws so they are flexible enough to allow desired
development in the community's growth development in the community's growth areas.
areas.
1.2.2 Expedite the approval and
Remove from action
As Economic Development has been moved away from Planning and
development of the Courtice Waterfront
plan
Development Services into the CAO's office, this action item should not be
and Energy Park Secondary Plan.
contained in the action plan.
1.2.3 Update municipal land -use policies
Remove from action
As Economic Development has been moved away from Planning and
to ensure farm operators and agri-
plan
Development Services into the CAO's office, this action item should not be
businesses can easily understand the
contained in the action plan.
options available to them and expedite
their business plans.
1.2.4 Update Community Improvement
Incorporate modified
Staff are proposing alternative wording to simplify this action plan item:
Plans (CIP) incentives to be responsive to
version in new action
the needs of priority property owners, and
plan
Undertake a Community Improvement Plans (CIP) review.
to be complementary to the new Regional
CIP.
1.2.5 Fund and promote the Clarington
Remove from action
This action item is redundant. As part of the CIP update process, staff will
CIP incentives to the degree that property
plan
evaluate program funding options.
owners are motivated to apply.
1.2.6 Add parcel -specific land -use
Incorporate modified
Staff will be seeking to simplify the action plan. This item can be
information to the municipality's public
version in new action
consolidated into a new action plan item:
GIS system to inform prospective
plan
developers.
Develop and implement Investment Attraction Standard Operating
Procedures document.
1.2.7 Communicate policy changes and
Incorporate modified
Staff will be seeking to simplify the action plan. This item can be
provide ongoing education about land use
version in new action
consolidated into a new action plan item:
to business organizations and potential
plan
developers, including the creation of an
Develop and implement Investment Attraction Standard Operating
investors tool kit. (See Objective 3.2)
Procedures document.
Page 61
Obiective 1.3: Engage local businesses and regional Qartners
Action Recommendation
1.3.1 Establish a Corporate Calling Completed
Program with performance measurement
targets on outreach, visits, and
engagement activities
The Municipality of Clarington partners with the Clarington Board of Trade
as part of a corporate calling/ business retention and expansion program.
1.3.2 Establish a Clarington Economic
Remove from action
The establishment of an Economic Development Advisory Committee is not
Development Advisory Committee to
plan
recommended to be undertaken by staff. Staff will be prioritizing the
support the implementation of the
implementation of initiatives and programs.
Economic Development Strategy.
1.3.3 Collaborate to enable the positioning
Remove from action
This action item lacks clarity in what is to be achieved. Tourism is not
of the downtowns and rural areas as
plan
currently deemed to be a priority of economic development.
destinations for residents and visitors.
1.3.4 Explore supply chain prospects and
Incorporate modified
This action item could be interpreted in a variety of different ways. Overall
build local capacity to respond by helping
version in new action
sector development is considered to be an industry best practice. The
local businesses become competitive on
plan
Municipality has partnered with the Clarington Board of Trade to deliver
OPG related procurement opportunities.
"Doing Business With" seminars. It is expected these sessions will continue.
In addition, this will be incorporated into the action item:
1.3.5 Develop a local business
ambassador program with industry leaders
who can meet potential investors during
site -selection visits and/or to whom site
selectors can be confidentially referred for
positive testimonials about Clarington.
1.3.6 Meet bi-annually with local business
representatives to share major initiatives
and provide a discussion forum for general
concerns (e.g., Mayor's breakfast
_meeting).
1.3.7 Educate elected representatives and
community groups about the importance of
economic development efforts.
1.3.8 Leverage existing workforce
collaborations among Durham's post-
secondary institutions and private -sector
employers.
Develop and implement Investment Attraction Standard Operating
Procedures document.
Incorporate modified Action plan items:
version in new action
plan Develop formal Local Business Ambassador Program
Completed Examples of events include but are not limited to: Mayor's Annual Breakfast,
Clarington Energy Summit, Clarington Agricultural Summit, CBOT Annual
General Meeting & Business Awards, Clarington Golf Classic, BIA meetings,
CBOT Golf Tournament. Staff will continued attending these events.
Incorporate modified The action item lacks clarity and can be consolidated into a new action item:
version in new action
plan Establish an annual economic development wrap up report which provides
an overview of economic development achievements and Key Performance
Indicators.
Remove from action This action item lacks clarity in what is to be achieved. Staff will continue to
plan work with post -secondary partners and the private sector where
opportunities arise.
Page 62
Strengthen the business innovation support ecosystem
Obiective 2.1: Implement a formal business retention and
2.1.1 Coordinate an active Business Completed
Retention and Expansion (BR+E)
Program, assisted by the deployment of a
Client Relationship Management (CRM)
system to capture local business
intelligence, track employer -specific
obstacles and opportunities
nsion Droaram
This is an activity currently undertaken by the Clarington Board of Trade.
Economic Development staff will continue leveraging this unique partnership
moving forward.
2.1.2 Collaborate on the annual regional
Completed
This activity is undertaken by the Region of Durham, the Municipality of
Business Count program to update
Clarington's staff are happy to collaborate where needed.
Clarington's business directory.
2.1.3 Provide support and referrals to Completed
This is work undertaken by the Business Advisory Centre of Durham.
assist, advise, and mentor start-ups and
Economic Development staff will continue to refer new businesses to this
existing small businesses and business
organization when they require support.
associations.
�`
2.1.4 Report key findings systematically Incorporate modified
and annually to drive policy needs. version in new action
plan
2.1.5 Host target sector -specific (see Completed
Technical Report) workshops to identify
opportunities and challenges for business
arowth and investment in Clarinaton.
2.1.6 Work with the agriculture sector to
Incorporate into new
provide targeted support to develop
action plan
policies and incentives for on -farm
diversification, agribusiness, agri-tourism,
and a ri-tech.
2.1.7 Collaborate on the implementation
Incorporate into new
of Durham Region's Local Food Business
action plan
Retention and Expansion Strategy Action
Plan.
2.1.8 Monitor and evaluate the
Incorporate modified
community's track record on liaising with
version in new action
existing investors.
plan
The action item lacks clarity in what is to be achieved. This action can be
consolidated into a new action item:
Establish an annual economic development wrap up report which provides
an overview of economic development achievements and Key Performance
Indicators.
Clarington Economic Development have partnered with CBOT to deliver
round table which bring together sectoral groups.
Action plan item:
Work with the agriculture sector to provide targeted support to develop
policies and incentives for on -farm diversification, agribusiness, agri-
tourism. and aari-tech.
Action plan item:
Collaborate on the implementation of Durham Region's Local Food
Business Retention and Expansion Strategy Action Plan
This action item lacks clarity as written. This item can be consolidated into a
new action plan item:
Develop and implement Investment Attraction Standard Operating
Procedures document
Page 63
Obiective 2.2: Enhance the development approvals
2.2.1 Design criteria for a customized
permit processing program to prioritize
non-residential development applications
(commercial, industrial, agricultural) and
expedite permitting processes through a
Clarington Development Concierge.
2.2.2 Publish a flow chart or dashboard
outlining the steps and timeframes
associated with local land use planning
and development approvals.
Incorporate modified Staff will be seeking to simplify the action plan. This item can be
version in new action consolidated into a new action plan item:
plan
Implement a concierge program to streamline and prioritize non-residential
development applications, leading to employment growth
Incorporate modified Staff will be seeking to simplify the action plan. This item can be
version in new action consolidated into a new action plan item:
plan
2.2.3 Establish regular information- Completed
sharing sessions between municipal
planning staff and economic development
staff.
2.2.4 Ensure the land -use planning Incorporate modified
approvals process is included in version in new action
municipal customer -service quality plan
assurance audits.
Implement a concierge program to streamline and prioritize non-residential
development applications, leading to employment growth
Economic Development and Planning staff
Staff will be seeking to simplify the action plan. This item can be
consolidated into a new action plan item:
Implement a concierge program to streamline and prioritize non-residential
development applications, leading to employment growth
Page 64
Objective 2.3: Alignn airr et sector opportunities with new qrowth areas
Action Recommendations Update/Rational
2.3.1 Act as trusted advisors to Incorporate modified I Staff will be seeking to simplify the action plan. This item can be
businesses and investors on commercial version in new action consolidated into a new action plan item:
and industrial development and plan
redevelopment transactions. Implement a concierge program to streamline and prioritize non-residential
development applications. leadina to emDlovment arowth
2.3.2 Continually evaluate commercial Incorporate modified
office needs, opportunities and models for version in new action
mixed -use development, particularly in plan
the municipality's new growth areas.
2.3.3 Facilitate renewed downtown
Incorporate modified
revitalization plans for urban core areas in
version in new action
cooperation with regional planning and
plan
place -making efforts for Major Transit
Station Areas.
i
2.3.4 Support talent recruitment initiatives
Remove from action
related to Lakeridge Health Bowmanville
plan
Hospital's expansion.
2.3.5 Explore opportunities to connect to
Remove from action
the proposed Durham Meadoway
plan
sianature destination initiative.
2.3.6 Collaborate with developers on
Incorporate into new
diversifying the potential of Canadian Tire
action plan
Motorsport Park (CTMP), e.g., vehicle
manufacturing research and automotive -
related tourism development.
2.3.7 Undertake a feasibility study to
Remove from action
support the redevelopment of the
plan
Goodyear brownfield site.
2.3.8 Position municipal amenities and
Remove from action
related programming to support resident
plan
attraction and Sports Tourism
development.
i
This action item lacks clarity as written. This item can be consolidated into a
new action plan item:
I
Develop and implement Investment Attraction Standard Operating
Procedures document
A simplified action plan item is recommended for inclusion:
Develop downtown placemaking and revitalization plans for urban core
areas
Other action items will support physician recruitment.
As Economic Development has been moved away from Planning and
Development Services into the CAO's office, this action item should not be
contained in the action plan.
Action plan item:
Collaborate with developers on diversifying the potential of Canadian Tire
Motorsport Park (CTMP), e.g., vehicle manufacturing research and
automotive -related tourism development.
The property is in private ownership, this item is no longer feasible.
Economic Development will not be prioritizing tourism activities in the near
term.
Page 65
Target high Growth business and investment
Obiective 3.1: Develop enerav-sector value proposition
3.1.1 Understand and maximize the
unique value proposition of the
Municipality's target industry sectors: §
Nuclear energy and related engineering,
technical, and environmental sectors §
Knowledge -based employment that would
settle near Major Transit Station Areas
and broader community amenities.
3.1.2 Convene an advisory working group
to support the creation of a high-tech
energy hub in Clarington and to explore
new best practices for a cluster -focused
high-tech energy hub in North America.
3.1.3 Align the distinctive advantages of
specific employment zones to
opportunities related to transportation
links, waterfront development, and
downtown revitalization.
3.1.4 Support the creation of an inventory
of Clarington's tourism and cultural
assets: cultural and recreational
amenities, music, art, food, breweries,
and more.
3.1.5 Align the Municipality of Clarington
economic development branding within
Durham Region's "Clean Energy Capital
of Canada" promotion to leverage
collaboration, resources, and expertise.
3.1.6 Develop an investment attraction
marketing plan identifying specific targets,
tactics, channels, timelines, messages,
and tracking.
3.1.7 Development of lead generation
system for intake of investment inquiries.
Incorporate modified Economic Development staff will be undertaking a review of the proposed
version in new action municipal sectors to determine future sector priority areas. New action item:
plan
Undertake a review of the Municipality of Clarington's Key Sectors.
Incorporate into new Action plan item:
action plan
Convene an advisory working group to support the creation of a high-tech
energy hub in Clarington and to explore new best practices for a cluster -
focused high-tech energy hub in North America.
Remove from action This action item lacks clarity in what is to be achieved. Staff will be seeking
plan to simplify the action plan, and will be removing this action item from the
action plan.
Remove from action Economic Development will be focusing on traditional economic
plan development services, as such this item will be removed from the action
plan.
Incorporate modified This action item is redundant. Staff will be developing new Sector Profiles,
version in new action and this language will be aligned. New action item:
plan
Develop and promote Sector Profiles.
Incorporate modified This item can be consolidated into a new action plan item:
version in new action
plan Develop and implement Investment Attraction Standard Operating
Procedures document
Incorporate modified This item can be consolidated into a new action plan item:
version in new action
plan Develop and implement Investment Attraction Standard Operating
Procedures document
Page 66
Obiective 3.2: Implement proactive marketin
3.2.1 Develop a Clarington brand and
consistent messaging platforms,
implementing economic development
communications tools (e.g., standalone
economic development website, social
media, print materials, etc.) to attract
investors, following best practices in
concept, presentation, and engagement.
3.2.2 Ensure Clarington's economic
development communications efforts are
fully leveraging all local, regional,
provincial, national, and international
collaborations opportunities.
3.2.3 Explore the benefits of joining or
increased collaboration with other
regional marketing alliances, such as
Ontario East Economic Development,
Ontario Food Cluster, RT06, etc.
3.2.4 Develop a library of success stories,
images, videos, and messages to support
promotional campaigns.
3.2.5 Monitor effectiveness of marketing
and communications tools.
3.2.6 Ensure economic development
personnel respond in a substantive way
to inquiries within the same workday as
they are received.
Completed Branding complete:
Community Profile complete
Website soft launched in fall of 2024.
Linkedln profile launched.
Remove from action This action item lacks clarity in what is to be achieved. Staff will continue to
plan launched marketing initiatives which leverage partnerships.
Completed Launched Central and Eastern Ontario Isotopes Alliance. Staff will continue
to explore opportunities for regional collaboration.
Incorporate modified The action item lacks clarity in what is to be achieved. This action can be
version in new action consolidated into a new action item:
plan
Establish an annual economic development wrap up report which provides
an overview of economic development achievements and Key Performance
Indicators.
Incorporate modified The action item lacks clarity in what is to be achieved. This action can be
version in new action consolidated into a new action item:
plan
Establish an annual economic development wrap up report which provides
an overview of economic development achievements and Key Performance
Indicators.
Incorporate modified This item can be consolidated into a new action plan item:
version in new action
plan Develop and implement Investment Attraction Standard Operating
Procedures document
Page 67
Objective 3.3: Build economic development ca
3.3.1 Assess options for an economic Completed
development service delivery model and
recommended structure (e.g., status quo,
full service in-house, arms -length
economic development corporation).
3.3.2 Provide core economic
development services with an
organizational business plan that aligns
with Durham Region's Planning and
Economic Development Department
Business Plan.
3.3.3 Increase per -capita funding for
municipal economic development to
remain competitive with other
communities in terms of investment
readiness and programming.
3.3.4 Ensure core economic development
staff are trained and certified economic
development (Ec.D.) professionals and
participate in professional development.
3.3.5 Maintain and regularly update
datasets of reliable community economic
indicators tailored to respond to investor
inquiries, published in the Community
Profile and on website pages, and shared
with partners.
Completed
The economic development service delivery model has been established by
Council. The current model sees economic development staff supporting a
traditional economic development role (investment attraction, business
expansion) while outsourcing business retention work to
The development of this Economic Development Action Plan completes this
action item.
Remove from action The action item lacks clarity in what is to be achieved. Staff believe there is
plan adequate funding to meet existing program objectives. If the Mandate of the
Municipality of Clarington's Economic Development Department were to
change, this item could be revisited
Remove from action
plan
Incorporate modified
version in new action
plan
Staff will continue to participate in professional development related to
Economic Development. There are other certifications and designations
relevant to the field beyond the Ec.D. designation. Staff propose removing
this from the action plan.
This action item as written can never be market as completed. Economic
Development staff have invested in new data tools, and will be in a position
to report on the figures moving forward. This action can be consolidated into
a new action item:
Establish an annual economic development wrap up report which provides
an overview of economic development achievements and Key Performance
Indicators.
3.3.6 Ensure any municipal staff or Remove from action This action item is not actionable, nor could it ever be marked as complete.
contractor dealing with planning and plan This item will be removed from the action plan.
economic development issues are aware
of current policies and site -selection
3.3.7 Publish an up-to-date and easy -to- Completed
navigate economic development
webpage on the Clarington website or
separate economic development website
for potential investors to reach Economic
Development staff. (Related to Action
3.2.1)
This action is complete.
Page 68
Page 69
Attachment 3 to report CAO-001-25
2025-2026 Action Plan
Gettinq Investment Ready
This priority of the 2025-2026 includes action items that will support the Municipality's
investment attraction goals. Increasing the commercial and industrial investment in the
municipality will support a greater taxation balance for residents and make it easier for
residents to live and work in Clarington. The municipality is facing two obstacles in the
achievement of this goal. The lack of serviced industrial land, and the policies,
processes and tools to support the municipality's work. The action plan will support the
removal of both obstacles.
Action
Identify
priority
unserviced
areas
Advocate for
increased
water/sewer
and electrical
servicing
capacity for
industrial and
commercial
lands
Develop and
implement a
concierge
program
Source
Clarington
Strategic
Plan
Planned
Completion
Staff will utilize a 3rd party to undertake an 2025
employment lands study in 2025. This
study will review the supply and demand of
employment land to ensure the
municipality of Clarington is well positioned
to attract new investment in future years
Description
Clarington Continue to work with the Region of
Strategic Durham to advocate for servicing to unlo
Plan existing and new employment lands. Sta
will investigate other servicing models
including front-end agreements to advan
local priorities.
Clarington
Staff will Develop and implement a
Strategic
Concierge Program in 2025. This progra
Plan and
will streamline and prioritize local and
Clarington
regionally significant non-residential
Economic
development applications, leading to
Development
employment growth. It will be developed
Strategy
Ongoing
Page 70
Development
Investment
Attraction
Strategy
New
Develop
Clarington
Investment
Economic
Attraction
Development
SOP Strategy
Document
in-house utilizing recognized municipal
best practices as its foundation.
The Investment Attraction Strategy will
undertake the following analysis to mee
the needs of the Municipality of Claringt,
external trend review, local and regional
sector review, value proposition
development.
An Investment Attraction Standard
Operating Procedure Document will be
established to ensure consistency when
responding to investment inquiries. It wil
further proactively track investment
outcomes.
Develop
Clarington
Develop a local business ambassador
formal Local
Economic
program with industry leaders who can
Business
Development
meet potential investors during site -
Ambassador
Strategy
selection visits and/or to whom site
Program
selectors can be confidentially referred 1
positive testimonials about Clarington.
Develop New Economic Development Staff, in
Economic collaboration with Communications will
Development develop an outbound marketing plan to
Marketing outline audiences, outreach methods ar
Plan develop standardized templates for iterr
such as newsletters.
Complete
New
Staff will utilize a 3rd party to develop a
Hotel and
Hotel and Banquet Centre Feasibility sty
Banquet
to support the attraction of a hotel and
Centre
banquet centre to the municipality of
Feasibility
Clarington.
Study
Page 71
Strengthening Local Sectors
As a result of the existing Economic Development Strategy and Clarington Strategic
Plan, the economic development team will be implementing action items that will have
the effect of growing and supporting the clean energy/nuclear sector, the medical sector
and the agricultural sector over 2025-2026. As staff undertake an Investment Attraction
Strategy, a statistical analysis of the strength of local sectors will be undertaken which
will influence the inclusion of other sectors in future strategy updates.
Action
Source
Description
Planned
Completion
Partner with
Clarington
Staff will continue to work with Docs for
Ongoing
Region of
Strategic
Durham to support regional physician
Durham to
Plan
recruitment programs. Staff will also
create a
continue to work on developing a local
Family
family physician recruitment program in
Physician
partnership with local health care
Recruitment
providers.
program
Connect with
Clarington
Economic Development will undertake
Ongoing
local health
Strategic
meetings with local service providers to
care providers
Plan
promote Clarington's local family
to advocate for
physician recruitment program.
increased
access to
services
Identify and Clarington Economic Development will continue to I Ongoing
capitalize on Strategic support the attraction of organizations
economic Plan falling within the nuclear supply chain.
opportunities
from small
modular
reactor
deployment
Page 72
Explore
Clarington
Economic Development will engage
Ongoing
opportunities
Strategic
regularly with upper levels of government
to advance
Plan
and external stakeholders to monitor and
clean energy
identify programs to support businesses
initiatives and
to incorporate clean energy technology
partnerships
into their operations. Promote these
opportunities through digital media
marketing and attending events to support
the Clean Energy sector.
Strengthen
Clarington
Economic Development will work with the Ongoing
Clarington's
Economic
agriculture sector to provide targeted
Agricultural
Development
support to develop policies and incentives
Sector
Strategy
for on -farm diversification, agribusiness,
agri-tourism, and agri-tech.
Collaborate on Clarington
the Economic
implementation
of Durham
Region's Local
Food Business
Retention and
Expansion
Strategy Action
Plan.
Development
Strategy
In 2023, the Region of Durham adopted 2025-2026
the Growing Agri -food Durham Plan 2023-
2027. Clarington Economic Development
will partner on relevant initiatives to
support the plan's key themes.
Connect with Clarington Convene an advisory working group to 2026
nuclear sector Economic support the creation of a high-tech energy
supply chains Development hub in Clarington and to explore new best
Strategy practices for a cluster -focused high-tech
energy hub in North America.
Adoptinq a Best in Class Mindset
The final priority undertaken in the 2025-2026 action plan will focus on adopting a best
in class mindset to the work undertaken by the economic development team. The
Municipality of Clarington will aim to create tools, programs and initiatives which will be
economic development industry leaders.
Page 73
Action
Source
Description Planned
Completion
Develop tools
Clarington
Economic development will be launching 2025 - 2026
to support local
Strategic
tools such as the local vendor directory,
businesses
Plan
and relevant training programs for local
(large, small
businesses.
and home -
based)
Undertake a Clarington Economic Development staff will be 2025
Community Economic engaging a 3rd party to support a review
Improvement Development to the municipality's Community
Plans (CIP) Strategy Improvement Plan program responsive
review to the needs of priority property owners,
and to be complementary to the new
Regional CIP.
Report annually Clarington Economic Development will be 2025-2026
to Council Economic developing a standard reporting template
Development for annual reports to Council
Strategy
Develop Clarington Economic Development will work with a 2026
downtown Economic 3rd party to develop downtown
placemaking Development revitalizations plans for each of the urban
and Strategy core communities.
revitalization
plans for urban
core areas
Develop Sector
Profiles that
align with
existing
branding
Integrate
advanced data
tools
New Staff will work to develop sector profiles 2025
aligned to the new Investment Attraction
Strategy.
New Economic Development has acquired a 2025
new labour force and industry tool. This
platform will allow the municipality to
Page 74
respond to investment inquiries with
increased professionalism.
Launch new New Economic Development is working with 2025
resident corporate communications to develop a
welcome new resident welcome package which
package will include community information and
event and program marketing materials.
Implement a New Investigate the feasibility of developing 2026
Municipal and implementing a Municipal
Accommodation Accommodation Tax.
Tax
Page 75
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17t^ Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
December 12, 2024
Dear Head of Council,
Ministere des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 176 etage
Toronto (Ontario) M7A 2J3
Tel.: 416 585-7000
VJM
Ontario
234-2024-5801
I am pleased to inform you of the introduction of the proposed Municipal Accountability
Act, 2024 on December 12, 2024, which, if passed, would make changes to the
Municipal Act, 2001 and City of Toronto Act, 2006 to strengthen the municipal code of
conduct and integrity commissioner framework.
I appreciate the valuable feedback we have received from municipalities and share your
commitment to safe and respectful workplaces. The proposed changes, if passed,
would:
• enable the creation of a standard municipal code of conduct and standard
municipal integrity commissioner investigation processes to help ensure
consistency across all Ontario municipalities;
• create a role for the Integrity Commissioner of Ontario in municipal code of
conduct and integrity commissioner matters, including providing training to
municipal integrity commissioners; and
• establish a mechanism to remove and disqualify members of council and certain
local boards for a period of four years for the most serious code of conduct
violations following a recommendation from the local integrity commissioner, a
concurring report from the Integrity Commissioner of Ontario, and a unanimous
vote of council.
In the coming months, I will want to hear your feedback on the Bill as well as other
matters regarding local accountability regimes. I look forward to seeing many of you at
the upcoming Rural Ontario Municipal Association conference, where we will have the
opportunity to discuss these changes and other matters of importance to your
communities.
If passed, important work to develop the regulations to support this new framework
would lie ahead, and I remain committed to engaging with you throughout that process.
Our intention is to have these changes in effect for the new term of councils beginning
in Fall 2026 to ensure there is adequate opportunity for local implementation.
/2
Page 76
-2-
For more information on these amendments, please see the news release. To share
your comments on the proposed legislation, please see a posting on the Regulatory
Registry that will be open for comments for 60 days.
If you have any questions regarding these new provisions, please contact your local
Municipal Services Office with the Ministry of Municipal Affairs and Housing.
Sincerely,
Hon. Paul Calandra
Minister of Municipal Affairs and Housing
c: Jessica Lippert, Chief of Staff
Owen Macri, Deputy Chief of Staff
Martha Greenberg, Deputy Minister
Caspar Hall, Assistant Deputy Minister, Local Government Division
Sean Fraser, Assistant Deputy Minister, Municipal Services Division
Municipal Clerks and CAOs
Page 77
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: January 13, 2025
MOVED BY Mayor Foster
SECONDED BY Councillor
Whereas in a letter dated December 12, 2024, Minister Paul Calandra, Minister
of Municipal Affairs and Housing, requested feedback from municipalities related
to the proposed Municipal Accountability Act, 2024, Clarington Council submits
the following for consideration:
• The Council endorses the recommendations submitted by AMCTO to the
Ministry on July 14, 2021;
• That, when passed, the Bill be immediately implemented and not be
delayed until the term of the new councils in 2026;
• That the Code of Conduct make reference to and hold Councillors
accountable to policies approved by their local municipal Councils;
• That private phones, e-mails, or other private electronic means not be
used in the conduct of municipal business and that in the event of an
investigation by the Integrity Commissioner, the IC be given access to
those records pertinent to the investigation; and
• That annual attendance records be included on Council agendas.
Page 78
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: January 13, 2025 Report Number: LGS-001-25
Authored By: Lindsey Turcotte, Committee Coordinator
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Appointment to the Public Library Board
Recommendations:
1. That Report LGS-001-25, and any related delegations or communication items, be
received;
2. That the resignation of Steven Cooke be received with thanks;
3. That the Committee consider the applications for appointments to the Public Library
Board, and that the vote be conducted to appoint the citizen representatives, in
accordance with the Board / Committee Management Policy; and
4. That all interested parties listed in Report LGS-001-25, and any delegations be
advised of Council's decision.
Page 79
Municipality of Clarington
Report LGS-001-25
Report Overview
Page 2
This report is intended to provide background information, regarding the vacancies on the
Public Library Board to assist in the appointment process.
1. Public Library Board
1.1 The Public Library Board sets out policies and oversees the operation and programs of
the Library, Museums and Archives. It also determines future goals for the Library,
Museums and Archives and secures the necessary funding to make those happen. The
Board makes sure that the needs of the community are reflected in Library, Museums
and Archives programming. It also makes sure the organization is aware of standards
and trends in Libraries, Museums and Archives.
1.2 The Library Board has direct responsibility to:
• Employ and evaluate a competent and qualified Chief Executive Officer, who may
also be the Secretary -Treasurer of the Board, and who administers the Library;
• Create a link between the community and the Library;
• Determine the mission, purpose, and strategic ends for the Library;
• Actively build relationships with the Clarington community and with the municipal
Council;
• Write governing policies that address the broadest levels of all organizational
decisions and relationships;
• Assure successful organizational and Board performance;
• Secure adequate funds to fulfill the Library's mission; and
• Fulfil legal obligations related to the Public Libraries Act.
1.3 The Board is comprised of 9 voting members (8 citizens, 1 Member of Council).
1.4 Steven Cooke was appointed to the Public Library Board in January 2023, for a term
ending December 31, 2026, or until a successor is appointed. In November 2024, the
Clerk's Division received notification of Steven's resignation. Therefore, Committee may
appoint 1 resident for a term ending December 31, 2026, or until a successor is
appointed.
Municipality of Clarington Page 3
Report LGS-001-25
1.5 The following have put forward an application for consideration:
• Alannah Hamdic
• Amanda (Wong) Eakins
• Deborah Doherty
• Dione Valentine
• Lauren Reyes -Grange
• Terence Hedley
• Vincent Wong
2. Advertising and Applications
2.1 The Municipal Clerk's Division placed an advertisement in local papers and on the
Municipality's website, www.clarington.net/Committees, to fill the vacancy on the Public
Library Board.
2.2 The Clarington Public Library also placed an advertisement on its website,
www.cplma.ca, and released a media advisory regarding the resignation.
2.3 In accordance with the "Board / Committee Management Policy", a confidential
application package has been attached, as Attachment 1.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
L.4.1: Increase opportunities for civic engagement and public participation.
5. Concurrence
Not Applicable.
Page 81
Municipality of Clarington
Report LGS-001-25
6. Conclusion
Page 4
It is respectfully recommended that Committee consider the vote to make the
appointments to Public Library Board for a term ending December 31, 2026, or until a
successor is appointed.
Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or
LTurcotte@clarington.net.
Attachments:
Attachment 1 — Confidential Application Package (Distributed Under Separate Cover)
Interested Parties:
The following interested parties will be notified of Council's decision:
All Applicants
Public Library Board
Page 82
CJajrbgton
Mover:
Seconder:
Budget:
Budget Year:
Department:
Division:
Councillor Anderson
Councillor Rang
2025 Strong Mayor's Budget
Proposed Amendment Form
(Section 284.16 of the Municipal Act)
0 Operating ❑ Capital
02025 ❑ 2026 ❑ 2027
Office of CAO
Proposed Amendment Resolution:
That the Municipality of Clarington, elevate the Anti -Black Racism Task Force from a working
group of the Diversity Advisory Committee to a separate Advisory Committee of Council, to be
called the Anti -Black Racism Advisory Committee;
That all current members of the Anti -Black Racism Task Force be appointed to the Anti -Black
Racism Advisory Committee and have their term extended to the end of this Council term;
That staff review and update the Terms of Reference for both the Diversity Advisory
Committee and newly formed Anti -Black Racism Advisory Committee and bring back to
Council for approval;
That the Terms of Reference for the Anti -Black Racism Advisory Committee include a
Councillor liaison;
That the Terms of Reference for both committees include a staff liaison;
That the 2025 budget be amended to include an additional staff resource for the IDEA portfolio
(Grade 6 — non-affiliated); and
That all interested parties be notified of Council's decision.
b
2025 Strong Mayor's Budget
ciffA"19 Proposed Amendment Form
(Section 284.16 of the Municipal Act)
Reason/Benefits for Proposed Amendment:
Clarington is committed to cultivating a strong, thriving and connected community where
everyone is welcome. We are taking steps to eliminate racism and discrimination by working
collaboratively with the community. The Black community in Clarington has faced unique and
systemic barriers towards achieving equality. Having the opportunity to make
recommendations directly to Council provides a greater profile to this issue. The Diversity
Advisory Committee supports the creation of a separate Committee of Council for Anti -Black
Racism.
Given the increasing workload of the Inclusion, Diversity, Equity and Anti -Racism portfolio with
the Indigenous portfolio, intimate partner violence and departmental support, it is not feasible
to meet all obligations. An additional staff person will provide a resource to act as a liaison to
this Committee as well as support the Indigenous portfolio and other workload pressures.
Consultation:
❑Consulted with Deputy CAO(s) of applicable Department(s)
impacted by the proposed change; and
❑ Consulted with the Deputy CAO/Treasurer.
Tax Levy or Other Financial Impacts:
The proposed amendment requires an additional $100,800 to the salary budget of the
Inclusion Diversity Equity and Anti -racism budget.
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: January 13, 2025 Report Number: PUB-002-25
Authored by: Matt Muirhead, Chief Fire Prevention Officer, Clarington Emergency and
Fire Services
Submitted By: Lee -Ann Reck, Deputy CAO, Public Services
Reviewed By: Mary -Anne Dempster, CAO
By-law Number: Resolution Number: GG-157-24
File Number:
Report Subject: Open Air Bylaw Addendum
Recommendations:
1. That Report PUB-002-25, and any related delegations or communication items, be
received;
2. That Council direct staff to update the by-law to reflect either:
a. Scenario One which allows for both recreational fires and open-air burning
(as contained in Attachment 1); or
b. Scenario Two which provides a reduced sized lot for open air burn and does
not allow for recreational fires (as contained in Attachment 2).
3. That By-law 2012-062, to regulate open air burning, be repealed; and
4. That all interested parties listed in Report PUB-002-25, and any delegations be
advised of Council's decision.
Page 85
Municipality of Clarington
2Report PUB-002-25
Report Overview
Page
Following Council's Resolution #GG-157-24, that the report PUB-015-24, be referred to staff,
to incorporate scenarios two and three, from PUB-015-24, staff have conducted additional
analysis and have provided the two remaining scenarios for Council's consideration.
Scenario One is to allow recreational burning throughout Clarington and reduce the open-air
burning requirements.
• Recreational burning allowed
• No permits required for recreational burning.
• Open air burning property size reduced from 10 acres and above to 4 acres and
above
Scenario Two is toto reduce the minimum size of property to allow open air burning from 10
or more acres to 4 or more acres,
Increase the setback from the fire location to property lines, etc. from 15 meters to 30
meters.
• Continue to not allow recreational burning.
Emergency and Fire Services Staff are recommending Scenario two.
1. Background
1.1 At the May 27, 2024, General Government Committee meeting, Council approved
Recommendation #GG-085-24, directing Staff to prepare a report to review open air
burn by-law 2012-062 and develop mechanisms to consider recreational campfires in
urban areas.
1.2 At the October 28, 2024, General Government Committee meeting, Staff brought
forward Report PUB-015-24. Committee passed Resolution #GG-157-24, directing
Staff to report back following additional analysis on the option of combining scenarios
two and three from the staff report so both urban and rural residents can conduct
recreational burning on their property.
1.3 Staff have conducted additional analysis and are presenting two scenarios in this
report for Council's consideration.
'�
Municipality of Clarington
3Report PUB-002-25
2. Discussion & Data
Page
2.1 While majority of municipalities in Southern Ontario do not allow recreational burning
(none in Durham), staff are aware of 5 municipalities that do allow it.
2.2 Discussion with these municipalities (Barrie, Central York, Kitchener, London,
Mississauga) was conducted regarding recreational burning and the impact it
currently has on their emergency responses.
2.3 The following charts provide each municipality's annual emergency response calls
and burning complaint calls due to open-air and recreational burning. Unfortunately,
municipalities emergency response calls do not distinguish between recreational and
open-air complaints, the charts summarize the overall burning complaints received:
I]- icinalitv of 0 ISM,
Total Emergency Calls 10,054 10,614 9,237 11,128 13,462
Burning Complaints 340 323 708 557 519
Percentage of Calls 3% 8% 5%
Total Emergency Calls
Burning Complaints
Percentage of Calls
5,086
4,882
4,291
4,633
5,461
87
91
145
117
89
2%
2%
3%
3%
2%
Total Emergency Calls 9,192 9,077 t 8,395 9,640 11,173
Burning Complaints 186 204 262 232 219
Percentage of Calls 2% 2% 3% 2%
Page 87
Municipality of Clarington
4Report PUB-002-25
Total Emergency Calls
31,644
27,904
24,662
27,270
29,758
Burning Complaints
166
150
297
223
159
Percentage of Calls
1 %
1 %
1 %
1 %
1 %
Municipality
Total Emergency Calls
3,926
4,238
2,609
2,136
2,402
Burning Complaints
78
80
132
105
78
Percentage of Calls
2%
2%
5%
5%
3%
Page
2.4 An analysis of these emergency response numbers was conducted to reveal themes
and trends.
2.5 A spike in emergency calls for burning complaints amongst all comparators is
observed in a one-year period between 2019 and 2020 of 79% most likely due to the
impacts of covid and people spending more time at home
2.6 In the five-year period between 2018 and 2022, the total emergency response calls
for open air and recreational burning amongst the comparators increased from 861 in
2018 to 1122 in 2022 for a total increase of 30% over that period. This reveals that
despite the return to normalcy post covid, there was not a significant drop off in these
types of emergency calls as many people continued to conduct recreational and
open-air burning.
2.7 While Clarington did see a covid related spike in burning of 65% between 2019 and
2020, the number of these calls dropped back to 2018 levels. This may be due in part
to recreational burning not being permitted in Clarington. As CEFS has continued to
respond to these burning complaints post covid and enforced the by-law, fewer
people have continued to conduct recreational burning.
2.8 Despite returning to 2018 response ratio numbers, Clarington experiences one of the
highest emergency responses/burning to total call volume ratio amongst
comparators. At 3.25% of all emergency calls, only London was higher in 2022 at
3.85%.
2.9 An important distinction between the comparator numbers and Clarington's is that the
comparator responses are generated in communities where recreational burning is
Municipality of Clarington
5Report PUB-002-25
Page
allowed. Fire personnel must still provide full response to these emergency calls.
Simply, allowing recreational burning still generates 911 calls from neighbours
regardless of whether it is a permitted activity or not, and fire response cannot
change even when suspected to be a nuisance call.
2.10 Each time an emergency response call is received, regardless of nature, as
previously stated, the call requires an emergency response involving fire trucks.
Given the comparator municipalities have a larger depth of emergency personnel
coverage, the potential increase of non -emergency calls due to burning complaints
would have a more significant impact on our community versus the larger
comparators. When discussing emergency responses with London, it was confirmed
that the Fire Department deals with high volumes of smoke complaints and residents
leaving fires unattended. The Deputy Chief advised Clarington to evaluate the
potential impacts to response coverage. In London, it has impacted Fire's response
coverage while crews have been tied up at open air and recreational fire responses.
2.11 As well, firefighters will be required to become engaged in neighbour disputes
regarding recreational burning. The responding crew will have to call the complainant
explaining that the owner is burning within the By-law parameters, and the
recreational burning is permitted. Currently, firefighters do not speak with the
complainant, they communicate with the property owner, directing them to extinguish
the fire because the fire is causing a nuisance.
2.12 Based on the analysis of both quantitative and qualitative data, staff have determined
that allowing recreation burning in the Clarington community is likely to lead to an
increase in such activities and associated complaints. This could unnecessarily
occupy emergency personnel and resources, thereby negatively affecting the
community.
3. Considerations and Scenarios
3.1 Clarington's proposed By-law 2012-062 is provided and reflects the difference in two
scenarios (allowing or not allowing Recreational Burning).
Attachment 1 is the By -Law written to support Scenario One By-law: permitting
recreational burning and open-air burning.
Attachment 2 is the By -Law written to support Scenario 2: Open -Air Burn By-
law- changing lot size from 10 to 4 acres, no recreational burning
3.2 Staff completed a review and analysis of two different scenarios. After research and
consideration, staffs' recommendation remains to adopt Scenario Two.
Municipality of Clarington
6Report PUB-002-25
Page
3.3 Scenario One: Allow both Recreational Burning and reduced property size for Open -
Air Burning.
• Introducing recreational burning will provide
residents with the opportunity to enjoy a
recreational fire for personal enjoyment.
• Establishes approved devices and property
setbacks to safely allow Recreational burning
• No recreational burn permits would be
required.
• Open-air burning restrictions reduced from 10
acres to 4 acres and increased property
setbacks from 15 meters to 30 meters (see
further information under scenario two for
advantages).
'Fisadvantages of Scenario One
Allowing residents to conduct recreational
burning has potential to increase the number of
nuisance complaints from neighbours due to
smoke and odor in the community. This will
require fire crews to respond, impacting
response times to subsequent calls.
Exposing more residents to airborne wood
burning pollutants may decrease their enjoyment
of the outdoors and could lead to negative health
effects.
As noted by Clarington's Climate Change
Response Coordinator in Section 7 of this report,
there are negative environmental impacts related
to open air burning. Clarington's sustainability
goals and overall commitment to being a climate
leader differs from this position.
Upon arrival, should fire crews determine that the
recreational burning is within the by-law
restrictions, they will allow the resident to
continue to burn. This could result in increased
resident complaints.
Residents who are not happy with
neighbourhood smoke from residential burning
should be directed to make a formal complaint
through the customer service portal. Any person
who knowingly, repeatedly or spitefully causes
an emergency response to a property where a
recreational or open-air fire is being legally
conducted in accordance with the By -Law may
be liable for costs incurred by the response of
CEFS.
Page 90
Municipality of Clarington
7Report PUB-002-25
Page
3.4 Scenario Two: Revise current open-air burn bylaw 2012-062 to decrease the
minimum acreage size required for open air burning from 10 acres to 4 acres,
increase the setback distance requirements to lot lines to help mitigate the impact to
neighbours from the potential increase in smoke.
4dvantaaes of Scenario Twe
Reducing the minimum lot size from 10 acres
to 4 acres to be eligible to conduct open air
burning allows more property owners to burn
brush from their own property.
• Increasing the property set back from 15
meters to 30 meters from the fire location to
buildings, structures, property lines, fences,
etc., may lessen the neighbourhood impact
from the increase in fires due to the acreage
decrease.
Open air burning will not be permitted in
urban and hamlet areas.
CEFS would provide additional education to
the community about the option of using
propane or natural gas appliances in
residential areas that provides similar
enjoyment to wood burning appliances, while
being more environmentally friendly.
Residents can utilize the yard waste collection
program provided by Durham Region from
April to early December. Securely tie brush in
bundles up to one meter (three feet) long and
76 centimetres (30 inches) wide. No branch
should be more than 10 centimetres (4
inches) in diameter.
F
]isadvantaaes of Scenario Twe
Lowering the open-air burning acreage size
requirements from 10 acres to 4 acres will likely
result in an increase in the number of open-air
fires. It may increase the number of nuisance
complaints received by CEFS.
• Recreational burning would still not be permitted
Page 91
Municipality of Clarington
8Report PUB-002-25
4. Recommendation
Page
4.1 CEFS is recommending Scenario two- Revise current open-air burn By-law 2012-062
to decrease the acreage size of those properties allowed to conduct open air burning
from 10 acres to 4 acres and increase setback distances.
4.2 Allowing open air burning on residential or agricultural properties that have a
minimum lot size of 4 acres and zoned rural under the Clarington Official Plan.
4.3 Setbacks must be at least 30 meters from the fire location to buildings, structures,
property lines, fences, trees or overhead wires, combustible materials, etc.
5. Financial Considerations
0v_1
6. Strategic Plan
N/A
7. Climate Considerations
7.1 Open-air burning produces a mixture of pollutants like carbon dioxide, fine particulate
matter, and volatile organic compounds. These pollutants have adverse impacts on
the local environment as well as human health.
7.2 Smoke from open-air burning contains black carbon (or "soot"), which is a compound
that remains in the atmosphere for a shorter time than other greenhouse gases.
Despite their short-lived nature, these chemicals account for a significant amount of
global warming.
7.3 Smoke does not stay localized to the site of the fire. A USEPA study found that
approximately 70% of black carbon from outdoor smoke ended up inside
neighbouring homes which can have a negative impact on the quality of life in the
community.
7.4 In rural and agricultural areas, there is concern that these pollutants will settle on
crops and local waterbodies or in areas where animals graze. Many of the pollutants
released by open-air burning (e.g., dioxins) can be absorbed by animals and end up
in food products, like meat and dairy.
7.5 The use of chemically treated wood or improper materials in fire pits can further
exacerbate pollution and release toxic chemicals, posing health risks to humans and
Page 92
Municipality of Clarington
9Report PUB-002-25
Page
wildlife. Considering the environmental impact resulting from the burning of treated
wood, or improper materials, the recommendation contained in this report is limited to
the burning of brush and other natural items from the property applying for the burn
permit.
8. Concurrence
Natalie Ratnasingam- Climate Change Response Coordinator, concurs with staff's
recommendation.
9. Conclusion
Staff recommend that Scenario Two be adopted as the approved approach to updating
the current Open -Air By -Law. Once Council has approved either Scenario One or
Scenario Two, the associated by-law will be adopted.
Staff Contact: Matt Muirhead, Chief Fire Prevention Officer, 905-260-0773, x2801 or
mmuirhead@clarington.net.
Attachments:
Attachment 1 — 2024-xxx Scenario One - Open -Air Burn By -Law (Allowing Recreational and
Open -Air Burning)
Attachment 2 - 2024-xxx Scenario Two - Open -Air Burn By -Law (4 Acre allowance and No
Recreational Burning)
Interested Parties:
The following interested parties will be notified of Council's decision:
Brain Sweny, Resident of the Municipality of Clarington
Page 93
Attachment 1 to Report PUB-002-25
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 YYYY-NN
Being a By-law to regulate open-air burning.
Whereas section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
authorizes the council of a municipality to pass by-law regulating the setting of open-air
fires, including establishing the times during which open air fires may be set;
And whereas, part 2 of the Ontario Fire Code, O.Reg. 213/07, subsection 2.4.4.4 (1)
provides that open air burning shall not be permitted unless approved, or unless such
burning consists of a small, confined fire, supervised at all times, used to cook food on a
grill, spit, or barbecue, and commensurate with the type and quantity of food being
cooked;
And whereas, the municipal Act, 2001, S.O 2001, c 25, Section 11 (2), provides that a
council of a lower -tier and upper -tier may pass by-laws with respect to the economic,
social and environmental well-being of the municipality, including respecting climate
change, and the health, safety and well-being of persons;
And whereas, the municipality Act, 2001, S.O 2001 c. 25, Section 391 (1) provides that
a municipality may pass by-laws imposing fees or charges on Persons for services or
activities provided or done by or on behalf of it, including permit fee;
Now therefore, the Council of The Corporation of the Municipality of Clarington enacts
as follows:
Page 94
Open Air Burning By-law
PART 1 — INTERPRETATION
Definitions
1.1. For the purpose of this By-law,
(a) "Agricultural Burn" means a burn permit for agricultural properties that fall
within the normal farm practices as defined in the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1.
(b) "Barbeque" means an appliance that is designed and approved by a
recognized testing agency and intended solely for cooking food by a small,
confined fire. Barbeques must be used in accordance with the manufacturer's
instructions, but it does not include devices predominantly designed for
personal warmth, or recreational fires.
(c) "Burn Ban" means no person shall set a fire within the Municipality of
Clarington while the burn ban is imposed by the Fire Chief.
(d) "Cost recovery" means where section 10 of this By-law is invoked, all costs
associated with the work may be added to the tax roll of the property to which
the offense occurred and shall be collected in the same manner as municipal
taxes pursuant to the municipal Act 2001, c. 25, s. 398 (2).
(e) "Fire Chief" means the Fire Chief of the Municipality or a designate.
(f) "Flying Lantern" means a small hot air balloon or other device designed to
carry an open flame as an airborne light, also known as a Sky Lantern, Chinese
Lantern, Kongming Lantern, Wish Lantern, or other similar devices which are
devices containing a fuel source, which is usually a petroleum or wax based
fuel that when lit causes the lantern to rise.
(g) "Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires.
Page 1 of 13
Page 95
(h) "Nuisance" means smoke or flames, odour, airborne sparks or embers that
inhibits neighbours' ability to enjoy their properties or conduct business without
disruption.
(i) "open-air burn" means the burning of any materials outside of a building,
including without limiting the generality of the foregoing, brush or tree limbs,
agriculture waste, where the flame is not wholly contained and is, thereby, open
to the air.
Q) "Outdoor fireplace" means an manufactured appliance, portable or fixed in
place, constructed of non-combustible materials, which contains a chamber
located within the firebox of the appliance used to contain a combustion flame,
a vent or chimney to control the flow of air or combustion gases from the
appliance, a spark screen located at the end of the vent or chimney to control
disbursement of sparks, and is enclosed on all sides or protected with a spark
screen on all sides. The appliance is intended solely for containing a small
recreational fire that is no larger than 1 m x 1 m x 1 m high.
(k) "Recognized testing agency" means Underwriters Laboratories of Canada,
Canada Standards Association, Warnock Hersey or similar agencies that test,
approve and certify products for use.
(1) "Recreational burning" means a fire that is set and maintained solely for the
purpose of providing warmth or recreational enjoyment which is contained to an
outdoor fireplace.
(m)"refuse" means many articles, thing, matter or any effluent belonging to or
associated with a house or household, any industry, trade or business and
without limiting the foregoing, may include:
i. Accumulation of remains, rubbish or trash.
ii. Litter, including paper, cartons, newspapers, flyers, cardboard, and/or
packing.
iii. Machinery and machinery equipment and/or parts, including but not
limited to vehicular parts and or accessories, tires, furnace and/or furnace
parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic
tanks, tubing, conduit, cable.
(n) "Small, confined fire" means a barbeque appliance that has been approved
by a recognized testing agency for solely cooking food.
(o) "Self-contained residential dwelling unit" means a suite operated as a
housekeeping unit, used or intended to be used by one or more persons that
contains cooking, eating, living, sleeping and sanitary facilities
Page 96
(p) "Spark screen" means a manufactured non -removable metal screen guard,
that keeps the sparks and embers contained within the outdoor fireplace.
(q) "owner" means the person identified in the most recent tax roll as the owner of
a property.
(r) "Permit" means a approved document issued to an owner in accordance with
this by-law.
(s) "Person" includes an individual, association, firm, partnership, corporation,
trust, organization, trustee, or agent, and their heirs, executors, or legal
representatives.
(t) "Urban areas or Hamlet residential properties" are properties as designated
in the Clarington Official Plan.
2. References
2.1. In this by-law, reference to any Act is reference to that Act as it is amended or re-
enacted from time to time.
2.2. Unless otherwise specified, references in this by-law to sections are references
to sections in this by-law.
3. Word Usage
3.1. This by-law shall be read with all changes in gender or number as the context
may require.
3.2. A grammatical variation of a word or expression defined has a corresponding
meaning.
4. Application
4.1. This by-law applies to all land within the Municipality unless otherwise specified.
PART 2- GENERAL CONDITIONS FOR ALL BURNING
5. General conditions for Open -Air Burning:
5.1. No persons shall set an open-air burn in the Municipality of Clarington without an
approved burn permit. Open-air burning is permitted for residential properties that
have 4 acres or more.
Page 97
5.2. Open -Air burning is not permitted in "Urban areas or Hamlet residential
properties".
5.3. Open-air burn permits will be issued to the owner of the property. Occupant
leasing the property can apply for a permit but must obtain written consent from
the owner of the property. Multi -residential properties containing 3 or more self-
contained residential dwelling units are not permitted to burn unless approved by
the Fire Chief or assigned designates.
5.4. The holder of an open-air burn permit shall at all times, have a competent adult
(18 years or older), remain at the burn site for the purpose of tending, controlling
and supervising the fire.
5.5. Every person responsible for tending, controlling and supervising the burn shall
ensure that the fire is completely extinguished before leaving the burn site.
5.6. No burning shall be maintained when weather conditions can cause any or all of
the following:
a) A decrease in visibility on any highway or roadway;
b) A rapid spread of fire through grass or brush area;
c) A public nuisance by creating negative health effects or interference on
neighbouring residents.
5.7. No person shall burn during a Fire Ban or when a smog alert has been declared
by the Ministry of Environment for Ontario with respect to air quality.
5.8. No person shall burn materials other than, brush or tree limbs or dry season
wood.
5.9. No person shall ignite or release any ignited flying lanterns.
5.10. No open-air burn permits are permitted on urban commercial properties,
industrial properties, salvage yards or construction sites, unless approved by the
Fire Chief or assigned designates.
5.11. The holder of the open-air burn permit shall have an effective extinguishing agent
or device of sufficient size and the capability of extinguishing the fire, at the burn
site and readily available for use at all times.
5.12. If there is a nuisance complaint filed for the property and Clarington Emergency
and Fire Services have determined that the open-air burning is in compliance
with the By-law, they will allow the resident to continue to burn.
5.13. The Clarington Emergency and Fire Services shall be exempt from the provision
of this By-law with respect to open-air burning for educational and training
purposes.
5.14. Any person who contravenes any provision of this By-law is guilty of an offense
and upon conviction is liable to a fine as set out in section 10.
5.15. The Fire Chief or appointed designate may approve or refuse any permit
application and may impose any additional conditions to reduce the risk of fire
spreading.
5.16. The Fire Chief or appointed designate may revoke a permit if any or all the
following applies:
a) The permit was issued in error,
b) Any conditions in the By-law are not being compiled with,
c) The permit information was false, incorrect or misleading,
5.17. If a burning permit is revoked due to section (a) (b) (c), the application fee shall
not be returned.
5.18. No permit is required for burning in a barbeque that has been approved by a
recognized testing agencies for cooking food using commercially produced
charcoal, briquettes if they are used safely and in accordance with the
manufacturing instructions.
5.19. No permit is required for commercially designed heating devices that have been
approved by recognized testing agencies that are fueled by natural or propane
gas and used safely in accordance with the manufacturing instructions.
6. General conditions for Agriculture Burning:
6.1. No persons shall set an agricultural burning in the Municipality of Clarington
without an approved burn permit. Agricultural properties must have 4 acres or
more.
Page 99
6.2. Agricultural burns are not permitted in "Urban areas or Hamlet residential
properties".
6.3. Agricultural Burn permits will be issued to the owner of the property. Occupants
leasing the property can apply for a permit but must obtain written consent from
the owner of the property.
6.4. The holder of the agricultural burn permit shall at all times, have a competent
adult (18 years or older), remain at the burn site for the purpose of tending,
controlling and supervising the fire
6.5. Every person responsible for tending, controlling and supervising the burn shall
ensure that the fire is completely extinguished before leaving the burn site
6.6. No burning shall be maintained when weather conditions can cause any or all of
the following:
a) A decrease in visibility on any highway or roadway;
b) A rapid spread of fire through grass or brush area;
c) A public nuisance by creating negative health effects or interference
on neighbouring residents
6.7. No person shall burn during a Fire Ban or when a smog alert has been declared
by the Ministry of Environment for Ontario with respect to air quality.
6.8. No person shall burn materials other than brush, trees, dry seasoned wood
6.9. No person shall ignite or release any ignited flying lanterns
6.10. The holder of the agricultural permit shall have an effective extinguishing agent
or device of sufficient size and the capability of extinguishing the fire, at the burn
site and readily available for use at all times.
6.11. If there is a nuisance complaint filed for the property and Clarington Emergency
and Fire Services have determined that the open-air burning is in compliance
with the By-law, they will allow the resident to continue to burn.
6.12. Any person who contravenes any provision of this By-law is guilty of an offense
and upon conviction is liable to a fine as set out in section 10.
Page100
6.13. The Fire Chief or appointed designate may approve or refuse any permit
application and may impose any additional conditions to reduce the risk of fire
spreading.
6.14. The Fire Chief or appointed designate may revoke a permit if any or all the
following applies:
a) The permit was issued in error,
b) Any conditions in the By-law are not being compiled with,
c) The permit information was false, incorrect or misleading,
6.15. If a burning permit is revoked due to section (a) (b) (c), the application fee shall
not be returned.
6.16. No permit is required for burning in a barbeque that has been approved by a
recognized testing agency for cooking food using commercially produced
charcoal, briquettes, if they are used safely and in accordance with the
manufacturing instructions.
6.17. No permit is required for commercially designed heating devices that have been
approved by recognized testing agencies that are fueled by natural or propane gas
and used safely in accordance with the manufacturing instructions.
7. General conditions for Recreational Burning:
7.1. No permit is required for recreational burning if the; owner adheres to the
following conditions:
7.2. Occupant leasing the property must have written permission from the owner to
recreational burn.
7.3. The owner or occupant has a competent adult (18 years or older), remain at the
burn site for the purpose of tending, controlling and supervising the fire
7.4. No burning shall be maintained when weather conditions can cause any or all of
the following:
a) A decrease in visibility on any highway or roadway;
b) A rapid spread of fire through grass or brush area;
Page 101
c) A public nuisance by creating negative health effects or interference
on neighbouring residents
7.5. No person shall burn during a Fire Ban or when a smog alert has been declared
by the Ministry of Environment for Ontario with respect to air quality.
7.6. No person shall burn materials other than, dry seasoned wood logs
7.7. No person shall ignite or release any ignited flying lanterns
7.8. Recreational burning is not permitted on urban commercial properties, industrial
properties, salvage yards or construction sites, unless approved by the Fire Chief
or assigned designates.
7.9. The owner or occupant of the property shall have a garden hose located in close
proximity to the fire and ensure the water supply valve is fully opened to facilitate
quick and thorough extinguishment of the fire.
7.10. Every person responsible for tending, controlling and supervising the fire shall
ensure that the fire is completely extinguished before leaving the burn site.
7.11. If there is a nuisance complaint filed for the property and Clarington Emergency
and Fire Services have determined that the open-air burning is in compliance
with the By-law, they will allow the resident to continue to burn.
7.12. Any person who contravenes any provision of this By-law is guilty of an offense
and upon conviction is liable to a fine as set out in section 10.
7.13. Owner or occupants of the property are permitted to use a barbeque that has
been approved by a recognized testing agencies for cooking food using
commercially produced charcoal, briquettes, if they are used safely and in
accordance with the manufacturing instructions.
7.14. Owner or occupants of the property are permitted to use commercially designed
heating devices that have been approved by recognized testing agencies that are
fueled by natural or propane gas and used safely in accordance with the
manufacturing instructions.
7.15. The owner or occupant shall:
a) Burn at ground level on a non-combustible surface.
Page102
b) Burn must be contained within an outdoor fireplace, max appliance
size of1mx1mx1m.
c) Burn shall be at least 5m (16ft) from property lines, fences,
street/road/highway, overhead wires, structures, trees and
bush/hedges or other combustible materials.
d) Burning shall be conducted between 10:00 a.m. to 10:00 p.m.
e) No person shall burn any refuse, grass clippings or leaves.
PART 3 — PERMITS for Open -Air & Agricultural Burning
8. Permit Applications
8.1. Any person wishing to set an open-air burn or agricultural burn shall submit a
burn permit application for thirty (30) day or twelve (12) months to Clarington
Emergency and Fire Services for review and approval.
8.2. Open-air burning conditions — The holder of the open-air burn permit shall, in
addition to complying with Part 2 of this By-law, comply with the following:
a) Shall burn at ground level
b) Burn must be contained within a base/pit with a pile no larger than 1 m
x 1 m x 1 m (3.3ft x 3.3ft x 3.3ft).
c) All materials to be burned is, brush or tree limbs from the property
d) Burn shall be at least 30m (100ft) from property lines, fences,
street/road/highway, overhead wires, structures, trees and
bush/hedges or other combustible materials.
e) Burning shall be conducted between 10:00 a.m.to 10:00 p.m.
f) No person shall burn any refuse, grass clippings or leaves.
g) Properties where the burn is occurring must be a minimum of 4 acres
in size.
8.3. Agriculture burn permit Conditions — The holder of the agricultural burn permit
shall, in addition to complying with Part 2 of this By-law, comply with the
following:
Page103
a) Shall burn at ground level,
b) Burn must be contained within a base/pit no larger than 3m x 3m x
3m (9.8ft x 9.8ft x 9.8ft).
c) All materials to be burned are agricultural waste from normal farm
practice as defined in the Farming and Food Production Protection
Act, 1998, S.O. 1998, c. 1.
d) Burn shall be at least 30 m (100ft) from property lines, fences,
street/road/highway, overhead wires, structures, trees and
bush/hedges, or other combustible materials.
e) Burning shall be conducted between 10:00 am to 10:00 pm
f) No person shall burn any refuse, grass clippings or leaves.
g) Properties where the burn is occurring must be a minimum of 4
acres.
PART 4 - ENFORCEMENT
9. Inspections
9.1. In this section, "Officer" means any employee, officer or agent of the Municipality
of Clarington whose duties include the enforcement of this by-law.
9.2. An Officer may, at any reasonable time, enter upon any property for the purpose
of carrying out an inspection to determine whether or not the provisions of this
By-law have been complied with.
9.3. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an Officer.
10. Offences and Penalties
10.1. Any person who contravenes any provision of this by-law is guilty of an offense
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offenses Act, R.S.O. 1990, c. P.33.
10.2. Any person who contravenes the provisions of the By-law is guilty of an offense
and upon conviction shall be liable to the penalties imposed pursuant to the Fire
Page104
Protection and Prevention Act, 1997, S.O. 1997, c 4, as amended for each
offense, exclusive of costs.
10.3. Any person who knowingly, repeatedly or spitefully causes a response from the
Fire Department upon any person having an recreational or open air fire legally
under this By-law is in contravention of the Bylaw and may be liable for costs
incurred by the Fire Department as set out in the Municipality of Clarington fee
schedule By-law in the effect at the time of the incident and authorized by the
Fire Chief or assigned designates.
10.4. Any person who sets an recreational burn , open-air burn or agricultural burn in
the Municipality of Clarington, assumes full responsibility for fire control and may
be liable for cost recovery incurred by Clarington Emergency and Fire Services
and or mutual aid partnering Fire Departments, including but not limited to; costs
of the personnel and equipment as authorized and set out in the Municipality of
Clarington fee schedule By-law in effect at the time of the incident and authorized
by the Fire Chief or assigned designates.
PART 5 - GENERAL
11. Validity
11.1. In the event any court of competent jurisdiction declares any section or provision
of this By-law to be invalid, or be of no force and effect for any cause, such
section or provision thereof shall be deemed severable from the remainder of the
By-law and the remainder of the By-law shall stand to be enforceable to the
same extent as if the offending section or provision thereof had not been
included herein.
12. Short Title
12.1. The short title of this by-law shall be the "Open Air Burning By-law".
13. Repeal
13.1. That By-law No. 2012-062 be repealed.
Page105
14. Effective Date
14.1. This by-law shall be effective on the date that it is passed.
Passed in Open Council this XX day of MMMM, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated
XXXX XX, 2024.
Page106
Attachment 2 to Report PUB-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 YYYY-NN
Being a By-law to regulate open-air burning.
Whereas section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
authorizes the council of a municipality to pass by-law regulating the setting of open-air
fires, including establishing the times during which open air fires may be set;
And whereas, part 2 of the Ontario Fire Code, O.Reg. 213/07, subsection 2.4.4.4 (1)
provides that open air burning shall not be permitted unless approved, or unless such
burning consists of a small, confined fire, supervised at all times, used to cook food on a
grill, spit, or barbecue, and commensurate with the type and quantity of food being
cooked;
And whereas, the municipal Act, 2001, S.O 2001, c 25, Section 11 (2), provides that a
council of a lower -tier and upper -tier may pass by-laws with respect to the economic,
social and environmental well-being of the municipality, including respecting climate
change, and the health, safety and well-being of persons;
And whereas, the municipality Act, 2001, S.O 2001 c. 25, Section 391 (1) provides that
a municipality may pass by-laws imposing fees or charges on Persons for services or
activities provided or done by or on behalf of it, including permit fee;
Now therefore, the Council of The Corporation of the Municipality of Clarington enacts
as follows:
Page107
Open Air Burning By-law
PART 1 — INTERPRETATION
Definitions
1.1. For the purpose of this By-law,
(a) "Agricultural Burn" means a burn permit for agricultural properties that fall
within the normal farm practices as defined in the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1.
(b) "Barbeque" means an appliance that is designed and approved by a
recognized testing agency and intended solely for cooking food by a small,
confined fire. Barbeques must be used in accordance with the manufacturer's
instructions, but it does not include devices predominantly designed for
personal warmth, or recreational fires.
(c) "Burn Ban" means no person shall set a fire within the Municipality of
Clarington while the burn ban is imposed by the Fire Chief.
(d) "Cost recovery" means where section 8 of this By-law is invoked, all costs
associated with the work may be added to the tax roll of the property to which
the offense occurred and shall be collected in the same manner as municipal
taxes pursuant to the municipal Act 2001, c. 25, s. 398 (2).
(e) "Fire Chief" means the Fire Chief of the Municipality or a designate.
(f) "Flying Lantern" means a small hot air balloon or other device designed to
carry an open flame as an airborne light, also known as a Sky Lantern, Chinese
Lantern, Kongming Lantern, Wish Lantern, or other similar devices which are
devices containing a fuel source, which is usually a petroleum or wax based
fuel that when lit causes the lantern to rise.
(g) "Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires.
Page 1 of 9
Page108
(h) "Nuisance" means smoke or flames, odour, airborne sparks or embers that
inhibits neighbours' ability to enjoy their properties or conduct business without
disruption.
(i) "open-air burn" means the burning of any materials outside of a building,
including without limiting the generality of the foregoing, brush or tree limbs,
agriculture waste, where the flame is not wholly contained and is, thereby, open
to the air.
(j) "Outdoor fireplace" means an manufactured appliance, portable or fixed in
place, constructed of non-combustible materials, which contains a chamber
located within the firebox of the appliance used to contain a combustion flame,
a vent or chimney to control the flow of air or combustion gases from the
appliance, a spark screen located at the end of the vent or chimney to control
disbursement of sparks, and is enclosed on all sides or protected with a spark
screen on all sides. The appliance is intended solely for containing a small
recreational fire that is no larger than 1 m x 1 m x 1 m high.
(k) "Recognized testing agency" means Underwriters Laboratories of Canada,
Canada Standards Association, Warnock Hersey or similar agencies that test,
approve and certify products for use.
(1) "Recreational burn" means a fire that is set and maintained solely for the
purpose of providing warmth or recreational enjoyment which is contained to an
outdoor fireplace.
(m)"refuse" means many articles, thing, matter or any effluent belonging to or
associated with a house or household, any industry, trade or business and
without limiting the foregoing, may include:
i. Accumulation of remains, rubbish or trash.
ii. Litter, including paper, cartons, newspapers, flyers, cardboard, and/or
packing.
iii. Machinery and machinery equipment and/or parts, including but not
limited to vehicular parts and or accessories, tires, furnace and/or furnace
parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic
tanks, tubing, conduit, cable.
(n) "Small, confined fire" means a barbeque appliance that has been approved
by a recognized testing agency for solely cooking food.
(o) "Self-contained residential dwelling unit" means a suite operated as a
housekeeping unit, used or intended to be used by one or more persons that
contains cooking, eating, living, sleeping and sanitary facilities
(p) "Spark screen" means a manufactured non -removable metal screen guard,
that keeps the sparks and embers contained within the outdoor fireplace.
Page109
(q) "owner" means the person identified in the most recent tax roll as the owner of
a property.
(r) "Permit" means a approved document issued to an owner in accordance with
this by-law.
(s) "Person" includes an individual, association, firm, partnership, corporation,
trust, organization, trustee, or agent, and their heirs, executors, or legal
representatives.
(t) "Urban areas or Hamlet residential properties" are properties as designated
in the Clarington Official Plan.
2. References
2.1. In this by-law, reference to any Act is reference to that Act as it is amended or re-
enacted from time to time.
2.2. Unless otherwise specified, references in this by-law to sections are references
to sections in this by-law.
3. Word Usage
3.1. This by-law shall be read with all changes in gender or number as the context
may require.
3.2. A grammatical variation of a word or expression defined has a corresponding
meaning.
4. Application
4.1. This by-law applies to all land within the Municipality unless otherwise specified.
PART 2- GENERAL CONDITIONS FOR ALL BURN PERMITS
5. General
5.1. No persons shall set an open-air burn or agricultural burn in the Municipality of
Clarington without an approved burn permit. Open-air burning is permitted for
residential & agricultural properties that have 4 acres or more.
5.2. Recreational burns are not permitted in the Municipality of Clarington and no
burn permits shall be issued for them.
5.3. Open Air burns are not permitted in "Urban areas or Hamlet residential
properties".
Page110
5.4. Burn permits will be issued to the owner of the property. Occupants of the
property can apply for a permit but must obtain written consent from the owner of
the property. Multi -residential properties containing 3 or more self-contained
residential dwelling units are not permitted to burn unless approved by the Fire
Chief or assigned designates.
5.5. The holder of a burn permit shall at all times, have a competent adult (18 years
or older), remain at the burn site for the purpose of tending, controlling and
supervising the fire.
5.6. Every person responsible for tending, controlling and supervising the burn shall
ensure that the fire is completely extinguished before leaving the burn site.
5.7. No burning shall be maintained when weather conditions can cause any or all of
the following:
a) A decrease in visibility on any highway or roadway;
b) A rapid spread of fire through grass or brush area;
c) A public nuisance by creating negative health effects or interference
on neighbouring residents.
5.8. No person shall burn during a Fire Ban or when a smog alert has been declared
by the Ministry of Environment for Ontario with respect to ait quality
5.9. No person shall burn materials other than, commercially produced charcoal,
briquettes, brush or tree limbs or agricultural waste.
5.10. No person shall ignite or release any ignited flying lanterns
5.11. No burn permits are permitted on urban commercial properties, industrial
properties, salvage yards or construction sites, unless approved by the Fire Chief
or assigned designates.
5.12. The holder of the burn permit shall have an effective extinguishing agent or
device of sufficient size and the capability of extinguishing the fire, at the burn
site and readily available for use at all times.
5.13. If there is a nuisance complaint filed for the property, Clarington Emergency and
Fire Services shall direct the fire to be extinguished immediately.
5.14. The Clarington Emergency and Fire Services shall be exempt from the provision
of this By-law with respect to open-air burning for educational and training
purposes.
Page111
5.15. Any person who contravenes any provision of this By-law is guilty of an offense
and upon conviction is liable to a fine as set out in section 8.
5.16. The Fire Chief or appointed designate may approve or refuse any permit
application and may impose any additional conditions to reduce the risk of fire
spreading.
5.17. The Fire Chief or appointed designate may revoke a permit if any or all the
following applies:
a) The permit was issued in error,
b) Any conditions in the By-law are not being compiled with,
c) The permit information was false, incorrect or misleading,
5.18. If a burning permit is revoked due to section (a) (b) (c), the application fee shall
not be returned.
5.19. No permit is required for burning in a barbeque that has been approved by a
recognized testing agencies for cooking food, if they are used safely and in
accordance with the manufacturing instructions.
5.20. No permit is required for commercially designed heating devices that have been
approved by recognized testing agencies that are fueled by natural or propane
gas and used safely in accordance with the manufacturing instructions.
Page112
PART 3 - PERMITS
6. Permit Applications
6.1. Any person wishing to set an open-air burn or agricultural burn shall submit a
burn permit application for thirty (30) day or twelve (12) months to Clarington
Emergency and Fire Services for review and approval.
6.2. Open-air burning conditions — The holder of the open-air burn permit shall, in
addition to complying with Part 2 of this By-law, comply with the following:
a) Shall burn at ground level
b) Burn must be contained within a base/pit with a pile no larger than 1 m x 1 m
x 1 m (3.3ft x 3.3ft x 3.3ft).
c) All materials to be burned is, brush or tree limbs from the property
d) Burn shall be at least 30m (100ft) from property lines, fences,
street/road/highway, overhead wires, structures, trees and bush/hedges or
other combustible materials.
e) Burning shall be conducted between 10am to 8pm.
f) No person shall burn any refuse, grass clippings or leaves.
g) Properties where the burn is occurring must be a minimum of 4 acres in
size.
6.3. Agriculture burn permit Conditions — The holder of the agricultural burn permit
shall, in addition to complying with Part 2 of this By-law, comply with the
following:
a) Shall burn at ground level,
b) Burn must be contained within a base/pit no larger than 3m x 3m x 3m
(9.8ft x 9.8ft x 9.8ft).
c) All materials to be burned are agricultural waste from normal farm
practice as defined in the Farming and Food Production Protection
Act, 1998, S.O. 1998, c. 1.
d) Burn shall be at least 30 m (100ft) from property lines, fences,
street/road/highway, overhead wires, structures, trees and
bush/hedges, or other combustible materials.
Page113
e) Burning shall be conducted between 10:00 a.m. to 8:00 p.m.
f) No person shall burn any refuse, grass clippings or leaves.
g) Properties where the burn is occurring must be a minimum of 4 acres.
PART 4 - ENFORCEMENT
7. Inspections
7.1. In this section, "Officer" means any employee, officer or agent of the Municipality
of Clarington whose duties include the enforcement of this by-law.
7.2. An Officer may, at any reasonable time, enter upon any property for the purpose
of carrying out an inspection to determine whether or not the provisions of this
By-law have been complied with.
7.3. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an Officer.
8. Offences and Penalties
8.1. Any person who contravenes any provision of this by-law is guilty of an offense
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offenses Act, R.S.O. 1990, c. P.33.
8.2. Any person who contravenes the provisions of the By-law is guilty of an offense
and upon conviction shall be liable to the penalties imposed pursuant to the Fire
Protection and Prevention Act, 1997, S.O. 1997, c 4, as amended for each
offense, exclusive of costs.
8.3. Any person who sets an , open-air burn or agricultural burn in the Municipality of
Clarington, assumes full responsibility for fire control and may be liable for cost
recovery incurred by Clarington Emergency and Fire Services and or mutual aid
partnering Fire Departments, including but not limited to; costs of the personnel
and equipment as authorized and set out in the Municipality of Clarington fee
schedule By-law in effect at the time of the incident and authorized by the Fire
Chief or assigned designates.
Page114
PART 5 - GENERAL
9. Validity
9.1. In the event any court of competent jurisdiction declares any section or provision
of this By-law to be invalid, or be of no force and effect for any cause, such
section or provision thereof shall be deemed severable from the remainder of the
By-law and the remainder of the By-law shall stand to be enforceable to the
same extent as if the offending section or provision thereof had not been
included herein.
10. Short Title
10.1. The short title of this by-law shall be the "Open Air Burning By-law".
11. Repeal
11.1. That By-law No. 2012-062 be repealed.
12. Effective Date
12.1. This by-law shall be effective on the date that it is passed.
Passed in Open Council this XX day of MMMM, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated
XXXX XX, 2024.
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