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Staff Report
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Report To: General Government Committee
Date of Meeting: December 4, 2023 Report Number: LGS-033-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-201-23
File Number: L2010-08-57 By-law Number:
Report Subject: OPG Trail Licence Agreement
Recommendations:
1. That Report LGS-033-23, and any related delegations or communication items, be
received;
2. That the Deputy CAO/Solicitor be authorized to execute a Licence Amending
Agreement with Ontario Power Generation on terms and conditions substantially
consistent with the contents of Report LGS-033-23;
3. That the Deputy CAO/Solicitor be authorized to execute any future amendments to
the trail Licence Agreement required to accommodate the operational needs of
either Ontario Power Generation or the Municipality; and
4. That all interested parties listed in Report LGS-033-23, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report LGS-033-23
Report Overview
Page 2
This report provides background on an existing Licence Agreement between Ontario Power
Generation and the Municipality for the establishment of a recreational trail and provides
recommendations pertaining to a requested amendment to that agreement.
1. Background
1.1 In 1995, the Municipality and Ontario Power Generation ("OPG") entered into a 21-year
Licence Agreement for the use of a portion of the OPG Darlington Nuclear Facility
property for the purposes of a recreational trail (the "Original Licence").
1.2 The Original Licence expired in 2016, however at that time a new Licence Agreement
was signed to allow for the continued use of the trail. The new Licence Agreement has a
term expiring in 2024.
1.3 The trail that exists on the OPG property is part of the Clarington segment of the Great
Lakes Waterfront Trail that runs along the northern boundary of the OPG property and
south of Energy Drive.
1.4 Due to the OPG New Nuclear Project to build and operate four small modular reactors
on the site, OPG requires the closure of a portion of the trail as it would interfere with
the project.
1.5 The portion of the trail that is required to be closed is illustrated in Attachment 1.
1.6 As a result of the trail closure, the Waterfront Trail has been rerouted to follow Energy
Drive between Maple Grove Road and Holt Road. This change is already reflected on
the Great Lakes Waterfront Trail website. The balance of the trail situated on the OPG
property will continue unimpeded.
1.7 OPG has indicated that the trail closure is temporary, however the timing is uncertain for
trail reopening.
2. Next Steps
2.1 The Licence Agreement that was signed in 2016 already provides that OPG may
rescind permission for the trail at any time should they require the land for its business
purposes.
2.2 The Municipality does not pay any licence fee to OPG for the use of the lands, although
the Municipality is responsible for trail maintenance.
Municipality of Clarington Page 3
Report LGS-033-23
2.3 OPG has provided a draft Licence Amending Agreement to formalize the trail closure,
which has already been reviewed and deemed acceptable by the Deputy CAO/Solicitor.
2.4 Upon Council approval, the parties will execute the Licence Amending Agreement to
conclude this issue. This report is recommending to delegate authority to the Deputy
CAO/Solicitor to sign any future such amending agreements to simply administration.
3. Financial Considerations
Not Applicable.
4. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that Council authorize the Deputy CAO/Solicitor to enter
into a Licence Amending Agreement for the closure of a portion of the Waterfront Trail
situated on OPG property.
Staff Contact: Robert Maciver, Deputy CAO/Solicitor, 905-623-3379 ext. 2013 or
rmaciver@clarington.net.
Attachments:
Attachment 1 — Illustration of Trail Closure
Interested Parties:
The following interested parties will be notified of Council's decision:
Nick Bryan, Sr. Real Estate Associate, Ontario Power Generation
Izsak Dewar, Real Estate Associate, Ontario Power Generation
681600 682000 682400 682800 683200 683600 684000 684400 Attachment 1 to Report LGS-033-23
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