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Report To: Planning and Development Committee
Date of Meeting: April 25, 2022 Report Number: PDS-020-22
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Mary-Anne Dempster, CAO By-law Number:
File Number:
Report Subject: Agreement for Small Sewer Systems Inspection by Durham Region Health
Department
Recommendation:
1.That Report PDS-020-22, and any related delegations or communication items, be
received for information.
2.That the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the
Municipality of Clarington, an agreement with the Regional Municipality of Durham,
allowing for the ongoing administration of the Building Code Act and the Ontario
Building Code, as it relates to the enforcement of small capacity sewage systems;
3.That a copy of Report PDS-020-22, Council's resolution, and the by-law be forwarded to
the Regional Municipality of Durham.
Municipality of Clarington Page 2
Report PDS-020-22
Report Overview
This report requests Council’s authorization to execute an agreement with the Regional
Municipality of Durham for the administration of the Building Code Act and the Ontario
Building Code, as it relates to the enforcement of small capacity sewage system. This
agreement has been in place between the Regional Municipality of Durham and the
Municipality of Clarington since April, 2010 and is merely the formal continuation of a
partnership that has been working well for 12 years.
1. Background
1.1 Since April 2010, the Municipality of Clarington has entered into four agreements, for
the periods of April 26, 2010 to March 31, 2013, April 1, 2013 to March 31, 2016, April 1,
2016 to March 31, 2019, and April 1, 2019 to March 31, 2022 , with the Region of
Durham Health Department for the purpose of delegating to the Region the
responsibility for the administration and enforcement of small capacity sewage systems
(up to 10,000 litres per day) in the Municipality of Clarington. The current agreement
was valid for a period of three years and expired on March 31, 2022.
1.2 During the past twelve years, our arrangement with the Region of Durham has worked
well for the Municipality and it is for this reason that staff would like to continue to
delegate the responsibility of administration and enforcement with respect to small
sewage systems, to the Region of Durham for an additional period of three years.
2. Review and Comment
2.1 The Durham Region Health Department has drafted an agreement (Attachment 1)
which will allow them to continue the enforcement of small sewer systems. The
agreement covers a period of three years, commencing April 1, 2022 and ending March
31, 2024. It should be noted that any party may terminate the agreement for any reason
upon giving 180 days prior written notice to the other party. The agreement also allows
the Region to prescribe fees for sewage system applications and other services that
reflect the actual costs of administering the program.
2.2 A copy of Schedule “A” with the 2022 to 2024 user fees in enclosed (Attachment 2).
These fees are determined on a cost recovery basis and include a 2% annual increase.
2.3 Staff have reviewed the agreement as attached and based on our experience with the
previous agreement, we are confident that it represents the interests of the Municipality
of Clarington.
Municipality of Clarington Page 3
Report PDS-020-22
3. Concurrence
Not Applicable.
4. Conclusion
It is respectfully recommended that the Mayor and Clerk be authorized to execute an
agreement with the Regional Municipality of Durham for the administration of the
Building Code Act and the Ontario Building Code, as it relates to the enforcement of
small capacity sewage system and that Council approve the by-law attached to Report
PDS-020-22.
Staff Contact: Brent Rice, Chief Building Official, 905-623-3379 extension 2303 or
brice@clarington.net.
Attachments:
Attachment 1 – 2022 Sewage System Management Agreement
Attachment 2 – Schedule “A” of 2022 Sewage System Management Agreement
Interested Parties:
The following interested parties will be notified of Council's decision:
The Regional Municipality of Durham
SEWAGE SYSTEM MANAGEMENT AGREEMENT
THIS AGREEMENT is made as of the 1st day of April, 2022 (the “Effective Date”)
B E T W E E N:
THE REGIONAL MUNICIPALITY OF DURHAM
(the “Region”)
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MUNICIPALITY OF CLARINGTON
(the ”Municipality”)
WHEREAS the Building Code Act, 1992, S.O. 1992, c. 23, as amended (the “Act”),
authorizes an upper-tier municipality to enter into an agreement with one or more
municipalities within the upper-tier municipality for the enforcement by the upper-tier
municipality of the provisions of the Act and the Building Code related to sewage
systems in the municipalities and for charging the municipalities the whole or part of the
cost;
AND WHEREAS the Region and the Municipality wish to enter into this Agreement for
the purpose of delegating to the Region the enforcement of certain responsibilities
under the Act and O.Reg. 332/12, as amended (the “Building Code”), relating to sewage
systems pursuant to subsection 6.2(1) of the Act;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
receipt and sufficiency of which is acknowledged, the Parties hereto agree as follows:
ARTICLE ONE
APPLICATION
Section 1.1 Application
This Agreement shall be applicable to all lands where access to municipal sanitary
servicing is unavailable within the Municipality (the “Lands”).
Section 1.2 Duties
The Region’s Health Department, on behalf of the Region, shall faithfully carry out its
duties hereunder in accordance with the Act, the Building Code, this Agreement and
any other legislation contemplated hereunder.
ARTICLE TWO
DEFINITIONS
Section 2.1 Definitions
In this Agreement,
i) “Building Code” means Ontario Regulation 332/12 made under the Act, as
amended;
ii) “Inspector” means an inspector appointed by the Region pursuant to
subsection 6.2(3) of the Act;
iii) “Health Department” means the Region’s Health Department;
iv) “Sewage System” means,
a) a chemical toilet, an incinerating toilet, a recirculating toilet, a self-
contained portable toilet and all forms of privy, including portable
privy, an earth pit privy, a pail privy, a privy vault and a composting
toilet system,
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b) a greywater system,
c) a cesspool,
d) a leaching bed system, or
e) a system that requires or uses a holding tank for the retention of
hauled sewage at the site where it is produced before its collection
by a hauled sewage system,
where these,
i have a design capacity of 10,000 litres per day or less,
ii have, in total, a design capacity of 10,000 litres per day or
less, where more than one of these are located on a lot or
parcel of land, and
iii are located wholly within the boundaries of the lot or parcel
of land on which is located the building or buildings they
serve; and,
v) “Treatment Unit” means a device that, when designed, installed and
operated in accordance with its design specifications, provides a specific
degree of sanitary sewage treatment to reduce the contaminant load from
that of sanitary sewage to a given effluent quality.
ARTICLE THREE
SERVICES OF THE HEALTH DEPARTMENT
Section 3.1 Services
The Health Department shall provide the following services in relation to the Lands:
i) Carry out an inspection of any land which is planned to be divided by
severance, where no municipal sewage services are proposed, to ensure
that each lot will be suitable for the installation of a Sewage System,
including compliance with the Region’s “Drilled Wells and Lot Sizing
Policies as Applied to Consents (Severances) and Draft Plans of
Subdivision” dated October 2010, as amended or replaced;
ii) Inspect properties prior to the issuance of a building permit under the Act
for the construction, installation, establishment, enlargement, extension,
repair or alteration of a Sewage System;
iii) Issue building permits under the Act relating to Sewage Systems;
iv) Following the issuance of a building permit, inspect and re-inspect, when
necessary, Sewage Systems to ascertain compliance with the building
permit and other requirements under the Act and Building Code;
v) Carry out land inspections to determine the acceptability of applications
and provide reports and comments directly to the appropriate authority for
minor variances, site plans, rezoning, official plan amendments,
consents/severances, subdivisions, condominiums and building additions
to ensure compliance with provisions of the Act, Building Code and any
other applicable legislation, policies and guidelines as they relate to
existing and proposed Sewage Systems;
vi) Receive and process building permit applications and inspections within
the timeframes established in Division C of the Building Code related to
activities listed in paragraphs (i) through (v) of this section;
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vii) Review all pertinent documents to ensure compliance with all applicable
legislation, policies and guidelines relating to Sewage Systems;
viii) Attend meetings of Municipal Council and their committees to discuss
matters relating to Sewage Systems;
ix) As an agent for the Municipality, maintain adequate records of all
documents and other materials used in performing the duties required
under this Agreement. Such records to be maintained in accordance with
the Region’s Record Retention Policy as contained in the Region’s by-
laws;
x) Upon reasonable notice by the Municipality, provide reasonable access to
the Municipality of all records kept under subsection 3.01(ix) above;
xi) Consult with various groups regarding compliance with provisions relating
to Sewage Systems;
xii) Respond to inquiries made by any person under the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c. M56. as
amended, or through any other legal channel;
xiii) Investigate complaints and malfunctioning Sewage Systems, undertake
compliance counselling and preparation of reports for abatement action as
they relate to existing and proposed Sewage Systems;
xiv) Issue orders under the Act relating to Sewage Systems;
xv) Prepare documentation necessary for prosecution activities relating to
Sewage Systems under the Act and the Building Code and administer
proceedings relating to Sewage Systems pursuant to the Provincial
Offences Act, R.S.O. 1990, c. P.33;
xvi) Provide all forms necessary for the administration of this Agreement;
xvii) Provide any other matters related to the administration or enforcement of
the Act or Building Code relating to Sewage Systems; and
xviii) Attend hearings of the Ontario Land Tribunal and other tribunals, as
required.
Section 3.2 Maintenance Inspections Not Included
Nothing in this Agreement provides for the provision by the Health Department of any
services related to maintenance inspections, re-inspections or other related services
which may be required under any discretionary or mandatory re-inspection program
which may be undertaken by the Municipality. In the event that such is desired or
required by the Municipality during the term of this Agreement, a separate Agreement
will be required to provide for those services.
Section 3.3 Sampling and Monitoring of Treatment Units Not Included
Nothing in this Agreement provides for the provision by the Health Department of any
services related to the sampling and monitoring of Treatment Units (other than septic
tanks) for maximum concentrations of CBOD5 and suspended solids as referenced in
Section 8.9.2.4 of the Building Code and/or nutrient reduction parameters referred to in
Appendix A of the Building Code.
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ARTICLE FOUR
FEES
Section 4.1 Collection of Fees
The Regional Council agrees to pass a by-law requiring the payment of fees on
applications for and issuance of permits and other services as set out in Schedule “A”.
The fees will be collected by the Health Department at the time of the application. In the
alternative, the Municipality shall collect the fees on behalf of the Region and remit the
fees collected to the Health Department together with the completed application to
which the fees apply.
Section 4.2 Fee Schedule
The Regional Council shall have the sole discretion, acting reasonably, to further amend
the by-law and the fee schedule set out in Schedule “A” from time to time. For clarity, no
amendment of this Agreement shall be required if the Region amends its by-law, and
the fees for applications of permits and other services covered by this Agreement shall
be pursuant to the Regional by-law in force at the time of the application or service, as
applicable.
Section 4.3 Surplus Proceeds
If the revenues collected exceed the expenditures for the services provided under this
Agreement, the surplus shall be remitted to the general revenues of the Region.
ARTICLE FIVE
INSPECTORS
Section 5.1 Qualifications of Inspectors
The Municipality agrees that only Health Department personnel meeting the following
qualifications shall be employed as an Inspector for the purposes of this Agreement:
i) a person qualified to be employed as a full time certified Public Health
Inspector; and
ii) a person qualified as a sewage systems inspector prescribed by the
Building Code.
Section 5.2 Appointment of Inspectors
The Region shall be responsible for the appointment of all Inspectors for the purposes
of this Agreement pursuant to subsection 6.2(3) of the Act. The Regional Clerk shall
issue a certificate of appointment bearing the signature, or reasonable facsimile, of each
inspector appointed by the Region.
ARTICLE SIX
INDEMNIFICATION AND INSURANCE
Section 6.1 Indemnification
The Municipality shall defend, indemnify and save harmless the Region and its
members of Council, officers, employees and agents against any and all costs
(including legal fees and disbursements), expenses, losses, liabilities, claims, demands,
actions or causes of action incurred by the Region (including claims made by third
parties against the Region) as a result of a breach of a term or provision of this
Agreement by the Municipality or otherwise, except to the extent those resulting from
the negligence or wilful misconduct of the Region or those for whom it is in law
responsible.
The Region shall defend, indemnify and save harmless the Municipality and its
members of council, officers, employees and agents against any and all costs (including
legal fees and disbursements), expenses, losses, liabilities, claims, demands, actions or
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causes of action incurred by the Municipality (including claims made by third parties
against the Municipality) as a result of a breach of a term or provision of this Agreement
by the Region or otherwise, except to the extent those resulting from the negligence or
wilful misconduct of the Municipality or those for whom it is in law responsible.
Section 6.2 Insurance
For the term of this Agreement, the Region will, at its expense, maintain commercial
general liability insurance providing coverage for a limit of not less than five million
($5,000,000) dollars for each occurrence.
ARTICLE SEVEN
TERM AND TERMINATION
Section 7.1 Term
This Agreement shall continue in force for an initial term of three years commencing as
of the Effective Date (“Initial Term”). The Agreement shall renew for one subsequent
three-year term, subject to a party providing written notice that the party does not wish
the Agreement to renew 180 days prior to the expiry of the Initial Term.
Section 7.2 Termination
The Municipality may terminate this Agreement on 180 days written notice if the Health
Department does not:
i) adhere to the provisions of the Act and Building Code; or
ii) exercise any discretionary powers of an approval authority, acting
reasonably, in the public interest;
iii) and the Health Department has not taken steps satisfactory to the
Municipality within the 180 day period to remedy the matter complained of
in the written notice.
Section 7.3 General Termination
Either party may terminate this Agreement with not less than 180 days written notice.
Section 7.4 Records on Termination
In the event of the termination of this Agreement or where a Municipality does not renew
or enter into a subsequent Agreement for the provision of the services, the Health
Department shall provide to the Municipality all records kept under subsection 3.01(ix).
ARTICLE EIGHT
MISCELLANEOUS
Section 8.1 Preamble
The preamble hereto shall be deemed to form an integral part hereof.
Section 8.2 Amendments
This Agreement shall not be changed, modified, terminated or discharged in whole or in
part except by instrument in writing signed by the parties hereto, or their respective
successors or permitted assigns, or otherwise as provided herein.
Section 8.3 Assignment
This Agreement shall not be assignable by either party hereto without the consent of the
other party being first obtained.
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Section 8.4 Notices
Any notice, report or other communication required or permitted to be given hereunder
shall be in writing unless some other method of giving such notice, report or other
communication is expressly accepted by the party to whom it is given and shall be given
by being delivered or mailed to the following addresses of the parties respectively:
a) To the Region:
The Regional Municipality of Durham
Health Department
605 Rossland Rd. E
Whitby, Ontario L1N 6A3
Attention: Medical Officer of Health
b) To the Municipality:
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention:
Alternatively, and on an exceptional and case-by-case basis, delivery of any notice,
report or other communication hereunder may be submitted electronically, on the
consent of the accepting party, to the following email addresses respectively:
a) Region: ehl@durham.ca
b) Municipality:
Any notice, report or other written communication, if delivered, shall be deemed to have
been given or made on the date on which it was delivered to any employee of such
party, on the date it was received via email (in exceptional circumstances, as above), or
if mailed, postage prepaid, shall be deemed to have been given or made on the third
business day following the date on which it was mailed (unless at the time of mailing or
within forty-eight hours thereof there shall be a strike, interruption or lock-out in the
Canadian postal service, in which case service shall be by way of delivery only). Either
party may at any time give notice in writing to the other party of the change of its
address for the purpose of this section 8.04.
Section 8.5 Headings
The section headings hereof have been inserted for the convenience of reference only
and shall not be construed to affect the meaning, construction or effect of this
Agreement.
Section 8.6 Binding Effect and Enurement
This Agreement shall be binding upon and enure to the benefit of the parties hereto,
their respective heirs, executors, administrators and successors (including successors
brought about by municipal reorganization or restructuring), and to the extent permitted
hereunder, their permitted assigns.
Section 8.7 Waiver
No party will be deemed to have waived the exercise of any right that it holds under this
Agreement unless such waiver is made in writing. No waiver made with respect to any
instance involving the exercise of any other instance will be deemed to be a waiver with
respect to any other instance involving the exercise of the right of with respect to any
other such right.
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Section 8.8 Governing Law
The provisions of this Agreement shall be construed and interpreted in accordance with
the laws of the Province of Ontario as at the time in effect.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective
Date first written above.
THE REGIONAL MUNICIPALITY OF DURHAM
Per: ______________________________
Dr. Robert Kyle, Commissioner and
Medical Officer of Health
MUNICIPALITY OF CLARINGTON
Per: _____________________________
Per: _____________________________
Schedule “A”
Fee Schedule for a Building Permit Application to Construct a Sewage System and Other
Activities by Durham Region Health Department
OBC ACTIVITIES 2022-2025 USER FEES
2022 2023 2024
Class 4 and 5 systems
(Building Permit for sewage
system)
Residential
Occupancy
$1,003.00 $1,023.00 $1,043.00
Other
Occupancies
(non-residential,
commercial,
industrial,
institutional)
<4,500 L/day
$1,003.00
>4,500- 10,000
L/day
$2,133.00
<4,500 L/day
$1,023.00
>4,500 - 10,000
L/day
$2,176.00
<4,500 L/day
$1,043.00
>4,500 - 10,000
L/day
$2,220.00
Class 2 and 3 systems, and
Building Permit for treatment
unit/tank replacement only
All Occupancies $512.00 $522.00 $532.00
Building Additions per application $243.00 $248.00 $253.00
Building Permit for sewage
system extension (1 year)
per application $188.00 $192.00 $196.00
REGIONAL ACTIVITIES Fees for
2022
Fees for
2023
Fees for
2024
Lot Consents (Severances) per application
(severed parcel
and retained
parcel)
$564.00 $575.00 $587.00
New application-plans of
Subdivision
per lot creation $408.00 $416.00 $424.00
Draft Plans of Subdivision-
had not received draft
approval & application
processed prior to 1998
requiring reassessment
per lot creation $408.00 $416.00 $424.00
Draft Plans of Subdivision-
received draft plan approval
& application processed prior
to 1998 requiring
reassessment (note:
subdivision assessment
involves reviewing geo-
technical, hydro-geological, and
peer review reports)
per lot creation $281.00 $287.00 $293.00
Rezonings, Official Plan
Amendments, Minor
Variances, Site-servicing
Plans
per application $281.00 $287.00 $293.00
Lawyers’ written requests per request $281.00 $287.00 $293.00
Examine Peer Review
reports
per initial report
per follow-up
report(s)
$281.00
$120.00
$287.00
$122.00
$293.00
$124.00
Schedule A
Ontario Building Code (OBC) Activities 20-2 0 User Fees
Activities
Class 4 and 5 systems (Building
Permit for sewage system)
Residential
Occupancy $.00 $.00 $.00
Class 4 and 5 systems (Building
Permit for sewage system) Other
Occupancies
(non-residential,
commercial,
industrial,
institutional)
<4,500 L/day
$.00
>4,500 -10,000
L/day
$.00
<4,500 L/day
$.00
>4,500 -10,000
L/day
$.00
<4,500 L/day
$.00
>4,500 -10,000
L/day
$.00
Class 2 and 3 systems, and
Building Permit for treatment
unit/tank replacement only
All Occupancies $.00 $.00 $.00
Building Additions per application $2.00 $2.00 $2.00
Building Permit for sewage system
extension (1 year) per application $1.00 $1.00 $1.00
Region Activities
Lot Consents (Severances) per pplication $5.00 $5.00 $5.00
New application-plans of
Subdivision per lot creation $.00 $.00 $.00
Draft Plans of Subdivision-had not
received draft approval &
application processed prior to
1998 requiring reassessment
per lot creation $.00 $.00 $.00
Draft Plans of Subdivision-
received draft plan approval &
application processed prior to
1998 requiring reassessment (note:
involves reviewing
geo-technical, hydro-geological, and peer
review reports)
per lot creation $.00 $.00 $.00
Rezonings, Official Plan
Amendments, Minor Variances,
Site-servicing Plans
per application $2.00 $2.00 $2.00
Lawyers’ written requests per request $2.0 $$2.00
Examine Peer Review reports per initial report $2.00 $2.00 $2.00
Examine Peer Review reports per follow-up
report(s) $1.00 $1.00 $1.00