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HomeMy WebLinkAboutPD-186-81 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO L0131,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 23, 1981. REPORT NO: PD-186-81 SUBJECT: The Registration of Group Homes, pursuant to the Municipal Act. Recommendation: It is respectfully recommended: 1. That this report be received by the Committee; and 2. That the draft By-law prepared pursuant to Section 236 of the Municipal Act R.S.O. 1980 be forwarded to Council for approval. Background: At the Council meeting of October 5, 1981, By-law 81-156 was passed pup uant to Section 386 (a) of the Municipal Act, R.S.O. 1970. The effect of this By-law was to require that all Group Homes operating within the Town be registered with the Town's registrar of Group Homes. This "registration By-law" was part of a comprehensive package dixe:Ctedat recognizing existing Group Homes and controlling, through rezoning and registration procedures, the establishment of new Group Homes. i k 503) Report No. PD-186-81 Page 2 / Comments: It has recently come to the attention of Planning Staff that in the preparation of the Revised Statutes of Ontario 1980, the Section of the Municipal Act dealing with the registration of Group Homes was renumbered and a change was made with regard to the enforcement legis- lation. Under Section 386 (a) of the Municipal Act, R.S.O. 1970, the registration requirements were to be enforced under the Summary Convic- tions Act. Under Section 236 of the Municipal Act, R.S.O. 1980, the registration provisions are to be enforced under the Provincial Offences Act. Given that By-law 81-156, by virtue of the Revised Statutes of Ontario 1980 is now "dated" with regard to enforcement, and given that By-law 81-156 has not yet been implemented, staff suggests that Council take this opportunity to repeal By-law 81-156 and replace it with the attached By-law prepared pursuant to Section 236 of the Municipal Act, R.S.O., 1980. Staff suggest that once the attached By-law has been passed, a copy of the By-law and the registration form be sent to all existing Group Home operators. Further to Council resolution 1150-81, staff have met (meeting held in Hampton, Friday October 23rd.) with several Group Home operators in order to explain how and why the Town has responded to Provincial and Regional suggestions to recognize Group Homes. Staff have followed up on this meeting by sending a letter to all existing Group Home operators. The letter (copy attached) outlined the status of existing Group Homes and the status of the registration By-law. Following the meeting held with the Group Home operators on Friday, October 23rd., staff had the impression that there was, general agreement and satisfaction with the need to recognize Group Homes in local by-laws. However the operators were not entirely satisfied with the procedures followed. Staff have assured the operators that future discussions relative to Group Homes and specifically Homes for Special Care will be discussed with their group now that they have made their existence known to staff. In that regard, one point left outstanding was the $10.00 registration fee. Some. of the Group Home operators felt the fee was exorbitant and uncalled for. Our staff position on the imposition of the $10.00 fee to cover office costs remains un- changed. The draft By-law attached contains a provision for an annual fee of $10.00 per home. Respe,ctf :-' ubmi.tted, T. T. Edwards, M.C.I.P. , -cc,- Deputy Director of Planning. November 9, 1981 HIE' CUlti'OhATIoN ()r TllE TOWN OF NEWCASTLE By-law Number 81- 192 being a by-law to appoint a registrar of group homes; provide for the registration and annual renewal of registration of group homes; prohibit the operation of group homes that are not registered as provided for in this By-law; and fix a fee for the registration of group homes, pursuant to Section 236 of the Municipal Act R.S.O. 1980. WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to require the registration of group homes and establish a registration fee. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows:- - 1. By-law 81-56 is hereby repealed in its entirety 2. Definitions - In this By-law, (a) "group home' means a residence that is licenced or funded under an Act of the Parliament of Canada or the Province of Ontario for the accommodation of three to ten persons, exclusive of staff, living under supervision in a single housekeeping unit and who by reason or their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being. (b) "registrar" means the person designated by this By-law as the registrar of group homes. 3. The Clerk of the Corporation of the Town of Newcastle is hereby designated as. the registrar of group homes. 4. All group homes operating within the Town of Newcastle must be registered with the group home registrar. Furthermore, all registered group homes must operate within the licencing or funding provisions set out by the administering Provincial Agency. The application form for registration is attached hereto and identified as Schedule "A" to this By-law. 5. The following annual registration fee hereby applies to all group homes operating within the Town of Newcastle. ANNUAL GROUP HOME REGISTRATION FEE: TEN ($10.00) DOLLARS - I;y-I riw Ntmibu i, r;1 -102 6. As provided for in Section 236 (4) of the Municipal Act, R.S.O. 1980, where the registrar has reasonable and probable grounds to believe that any person is operating a group home is not registered in accordance with this By-law, the registrar or a person acting under his instructions may, under the .authority of a search warrant issued under the Provincial Offences Act, enter and inspect the property for the purposes of determining whether or not the property is being used as a group home. 7. Any person violating any of the provisions of this By-law shall be subject to ,a penalty of not less than one hundred ($100.) dollars and not more than one thousand ($1,000.) dollars, exclusive of costs and all such penalties shall be recoverable under the Ontario Summary Convictions Act. 8. 'Phis by-law shall become effective on the date finally passed. THIS BY-LAW READ a first time this 30th clay of November A.D. ,. 1981 THIS BY-LAW READ a second time this 30th day of November A.D. , 1981. THIS BY-LAW READ a third time and finally passud this 30th day of November A.D. 1981. MAYOR (seal) CLERK ,oaf fi , SCIILDULE "A" TO BY-LAW 140. 81-192 T 0 W N O F N E W C _A S T L E APPLICATION FOR GROUP HOME REGis'rRATION APPLICATION FOPM TO: Town of Newcastle Town Hall 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. D. Oakes, Registrar of Group Homes. Gentlemen: The undersigned Hereby applies to the Towii of Newcastle for registration of a group home. Enclosed herewith is a certified cheque in the amount of $10.00 payable to the Town of Newcastle , covering the annual registration fee required by By-Law Number 81- 1'O BE COATLETED BY APPLICANT OR AGENT 1. Applicant's Name _ -------_-------.-------.-1'el. No. ---- Address ---------------. - - --- --------- ------ -- Agent's Name (if any) -- _ "Tel. No. _ Address 3. Registered Owner's Name —_ _ _ _ Tel. No. — Address - --- ------- -- -- - --- -- ----- ----- ------- --- 4. ' Description of Subject Lands (a) Lot and Concession Number — "OR Lot aid Registered Plan Number kb)_ Lot Frontage (e) Lot Depth — (d) Lot Area 5. Present Official Plan Designation(s) 6. Present Zoning Designation(s) _ 7. Existing Land Uses of 'Surro unding Properties: (give general description) APPLICATION FUR GROUP 1101`11: REGISTRATION. PAGI•: 2. g, Existing Land Uses of Subject Lands:- (Give. detailed description including; type of Group home, administrating Ministry and number of residents. A copy of the Provincial licence on funding provisions must be attached to this application.) 4. Esisiting Land Uses of Subject Lands have been carried on since 10. Statutory declaration: I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . solemnly declare that: all above statements and the information contained in all of the Appendices transmitted herewith are true, and I make this soleimt declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act". DECLARED before me at the . . . . . . . . .) of . . . . . . . . . . . . . . . . . . .in the Region) of . . . . . . . . . . . .this . . . . . . . . . . . .day) SIGNATUPL OF APPLICANT Of . . . . . . . . . . . . . . . . .A.D., 19. . . . .) A Commissioner, etc. r CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON. ONTARIO LOB 1 J0 TEL. (416)263-2231 October 28, 1981 Mrs. A. Boyce Children's Aid Society R.R. #1 P.O. Box 527 Hampton LOB 1JO Newtonville, LOA 1JO Mrs. J. Norton Mr. M. Gust 89 Church Street 138 Queen Street Bowmanville L1C 1S9 Bowmanville Mrs. N. Cook Mr. B. Maxwell R.R. #6 9 Lovers Lane 8th Line East Bowmanville Bowmanville L1C 3K7 Re: Proposed Amendments to Town of Newcastle Zoning By-Laws - Group Homes Our File: 11.1.5 As discussed at our meeting of October 23, 1981, this letter will confirm that those group homes operating prior to the passing of the subject by-laws would be considered as legally non-conforming if they did not at that time comply with the requirements of the by-law. In that respect, group homes which presently exceed the limit of ten residents as per the by-law would be permitted to continue to operate within the restrictions of their license. Subsequent renewals of the license would be recommended for approval insofar as they did riot exceed the number of residents which were legally licensed at the time of the passing of the zoning by-laws. For those group homes which are presently below the limit of ten, expansion to a maximum of ten subject of course to provincial licensing and subject of course to compliance with the applicable zoning and building regulations within the Municipality would be Permitted. I would also note for your information that Section 386(a) of the Municipal Act which was questioned by Mr. Gust at the meeting is in fact approved provincial legislation. However, as Mr. Gust pointed out the Revised Statutes of Ontario 1980 refer to it as Section 236 of the Municipal Act as opposed to 386(a) . This change is strictly the result of renumbering undertaken during preparation of the Revised StatutL-S. There were however one or two minor changes w to the ording of the sections dealing with enforcement of a registration by-law. Staff shall be reporting to Committee and Council