Regular Council AM - 15 Sep 2015

Transcription

CORPORATION OF THE MUNICIPALITY OF TRENT HILLS
REGULAR COUNCIL MEETING AGENDA
Tuesday, September, 15, 2015 at 9:00 AM
HASTINGS CIVIC CENTRE
6 Albert Street, Hastings
Page
1.
CALL TO ORDER:
2.
ITEMS TO BE ADDED TO THE AGENDA:
BE IT RESOLVED that the following items be added to the agenda:
a)
b)
3.
APPROVAL OF THE AGENDA:
BE IT RESOLVED that Council approve the agenda for this regular
Council meeting of September 15, 2015 as presented/amended.
7
4.
DECLARATIONS OF DIRECT (OR INDIRECT) PECUNIARY
INTEREST:
5.
PRESENTATIONS/DELEGATIONS
a) Northumberland Fire Chiefs Association - Tim Blake, County
coordinator, Gene Thompson, Alternate & Stephen Peacock,
CAO Cobourg
County Resolution - Fire Services Dispatch Initiative
WHEREAS fire services dispatch is currently carried out by a
number of providers throughout the County and;
WHEREAS it has been an important goal to achieve common fire
services dispatch across all Northumberland County Fire
services, providing safe, reliable communications with the best
value for the citizens of Northumberland County and;
WHEREAS County Council has recommended that the
responsibility for County Wide Fire Services Dispatch contract
administration and the related cost of fire dispatch
communications across Northumberland County be transferred to
the County and;
WHEREAS the annual County wide cost estimated at $400,000
will be paid through the County levy;
BE IT RESOLVED that the Municipality of Trent Hills upload the
costs of fire services dispatch to the County of Northumberland
immediately upon implementation of services by the common
service provider and;
FURTHER BE IT RESOLVED that the associated administrative
costs, including contract administration, will also be paid by the
Northumberland County.
Page 2 of 304
6.
STAFF REPORTS
6.1 Planning
8 - 13
PLN-2015-58
Resolution of Support for combined Hydro - TSW FIT
Application
PLN-2015-58, Resolution of Support (OPG/TSW) FIT
Application - Pdf
BE IT RESOLVED that Council receive Staff Report PLN2015-58, regarding a resolution of support for a combined
Hydro - Trent Severn Waterways FIT Application, as
information;
AND FURTHER that Council pass a support resolution for
the two FIT applications by Ontario Power Generation /
Trent Severn Waterways.
6.2 Finance
14 - 18
2015-FIN-004
Tax Write Offs-Section 357 Municipal Act
BE IT RESOLVED that Council receive Staff Report FIN
2015-004 as information;
AND FURTHER that Council approve the adjustment
(write off) of taxes in the amount of $ 58,791.20 in
accordance with Section 357 of the Municipal Act, 2001 for
reference documents Sec-26-13 to Sec-50-13 inclusive
and Sec-01-14 to Sec-39-14, inclusive.
19 - 21
2015-FIN-005
Vesting Properties
Vesting Properties - Pdf
AND FURTHER that Council approve the list of lands to be
vested by the municipality, reference documents VEST01
to VEST08 inclusive, in accordance with Section 379(7.1)
of the Municipal Act;
AND FINALLY that Council authorize Staff to write off
taxes in the amount of $ 29,086.12 on lands vested by the
municipality, reference documents VEST01 to VEST08
inclusive, in accordance with Section 357 (1)(a) of the
Municipal Act.
22 - 23
FIN-2015-006
2015 Budget Amendment-Reallocation
2015 Budget Amendment-Reallocation - Pdf
AND FURTHER that Council authorize the Treasurer to
reallocate the 2015 Budget expense line item in the
amount of $ 20,000 from Seymour Sand Dome-Facility
Repairs to Brickley Sand Dome-Facility Repairs;
AND FINALLY that Council authorize the Treasurer to
reallocate the 2015 Budget revenue line item in the
amount of $ 20,000 from Seymour Sand Dome-Transfer
from Reserve to Brickely Sand Dome-Transfer from
Page 3 of 304
Reserve.
24 - 71
FIN-2015-007
Agreement with OMAFRA Small Communities FundCampbellford Potable Water Supply and Distribution
System Upgrades
System Upgrades - Pdf
AND FURTHER that Council enter into an Agreement with
Her Majesty the Queen as represented by the Minister of
Agriculture, Food and Rural Affairs (OMAFRA) who shall
administer funds for the Campbellford Potable Water
Supply and Distribution System Upgrades on behalf of the
Ministry of Agriculture, Food and Rural Affairs (OMAFRA);
AND FINALLY that a By-Law be considered by Council to
authorize the Mayor and Clerk to execute the agreement
with OMAFRA.
72 - 118
By-law 2015-90 - OMAFRA - Small Communities Fund
(SCF) Agreement
By-law 2015-90 - OMAFRA - (SCF) Agreement
BE IT RESOLVED that By-law 2015-90 being a by-law to
authorize execution of an agreement between Her Majesty
the Queen in Right of Ontario as represented by the
Ministry of Agriculture, Food and Rural Affairs and the
Corporation of the Municipality of Trent Hills under the
New Building Canada Fund- Small Communities Fund
(SCF) for infrastructure upgrades to Campbellford Potable
Water Supply and Distribution Systems, within the
Municipality of Trent Hills, be introduced and deemed to be
read a first, second and third time, passed and properly
signed and sealed this 15th day of September, 2015.
6.3 Public Works
119 - 133
Staff Report - PWK 2015-22 - Update - Class EA Schedule
B Study - Campbellford Potable Water Supply &
Distribution System
Staff Report - PWK 2015-22 - Update Class EA Schedule
B Study
BE IT RESOLVED that Council receive Staff Report PWK
2015-22 as information.
134 - 136
PWK-2015-35
Winter Maintenance Sidewalks - Warkworth
Winter Maintenance Sidewalks - Warkworth - Pdf
BE IT RESOLVED that Council receive Staff Report PKW
AND FURTHER that Council endorse the recommendation
to award the proposal to JA & DA Thomson Construction
Limited in the total amount of $80 per hour for plowing,
salting, sanding sidewalks in Warkworth for year 1, and the
right to extend the contract for year 2 and 3 in the total
amount of $82.00.
137 - 150
PWK-2015-36
2015 May, June, July and August Operational Report for
Water and Warkworth Wastewater
Page 4 of 304
May, June, July and August Monyhly operational Report
for Water and Warkworth Wastewater (SR-0557) - Pdf
151 - 177
PWK-2015-37
2015/16 MOECC Compliance Inspection Report for the
Campbellford Drinking Water System
2015-16 MOECC Compliance Report for the Campbellford
WTP(SR-0559) - Pdf
178 - 205
PWK 2015-38
Warkworth Drinking Water System
2015-16 MOECC Compliance Inspection Report for the
Warkworth WTP (SR-0560) - Pdf
206 - 219
PWK-2015-39
Staff Report PWK 2015-39 - 2015 DWQMS Internal and
External Audit Reports
2015 DWQMS Internal and External Audit Reports (SR0561) - Pdf
BE IT RESOLVED that council receive Staff Report PWK
AND FURTHER that Council accept the 2015 internal and
external audits for the Quality Management Standard for
information purposes.
6.4 Fire
220 - 247
THF 2015-25
Re: July Monthly Report
July Monthly Report (SR-0546) - Pdf
07 July report write up 2015
BE IT RESOLVED that Council receive Staff Report THF2015-25 being the July Monthly Report as information.
248 - 262
THF 2015-27
Re: August Monthly Report
August Monthly Report (SR-0548) - Pdf
BE IT RESOLVED that Council receives Staff Report THF2015-27 being the August Monthly Report as information.
7.
COMMUNICATIONS
7.1 Information Items
263 - 264
Otonabee Region Conservation Authority - Bulletin August 27, 2015
ORCA - Information Bulletin - August 27, 2015
7.2 Endorsement Items
265 - 267
Township of Hamilton - Bill 100 - Supporting Ontario Trails
Act
Page 5 of 304
Twp. of Hamilton - Bill 100 - Supporting Ontario Trails Act
8.
ADOPTION OF MINUTES
8.1 Regular Council Minutes
268 - 278
Regular Meeting of Council - September 1, 2015
Regular Council PM - 01 Sep 2015 - Minutes - Pdf
BE IT RESOLVED that Council adopt the minutes of the
Regular Council meeting held on September 1, 2015 as
presented/amended.
8.2 Minutes to Adopt
279 - 282
Heritage Advisory Committee - August 26,, 2015
Heritage Advisory Minutes - August 26, 2015
283 - 285
Campbellford / Seymour Revitalization Advisory - June 18,
2015
Campbellford Seymour Revitalization Committee - 18 Jun
2015 - Minutes - Pdf
BE IT RESOLVED that Council Heritage Advisory
Committee minutes of August 26, 2015 and the
Campbellford / Seymour Revitalization Advisory
Committee minutes of June 18, 2015, and that all
recommendations and comments contained therein be
adopted as resolutions of Council.
8.3 Minutes to Receive
286 - 291
Committee of Adjustment - September 1, 2015
Committee of Adjustment - 01 Sep 2015 - Minutes - Pdf
BE IT RESOLVED that Council receive the Committee of
Adjustment meeting minutes of September 1, 2015 as
information.
Campbellford BIA -Board of Directors Minutes, June 22,
2015, Waterfront Festival Minutes - July 13 & 20, 2015
Campbelford BIA - Board of Directors Minutes June 22,
2015
Campbellford BIA - Waterfront Festival Minutes - July 13,
2015
Campbellford BIA - Waterfront Festival Minutes - July 20,
2015
292 - 303
BE IT RESOLVED that Council receive the Campbellford
BIA Board of Directors minutes of June 22, 2015, the BIA
Waterfront Festival minutes of July 13 & 20, 2015 as
information.
9.
BY-LAWS
10.
MAYOR'S COMMENTS
11.
GENERAL BUSINESS
12.
NOTICE OF MOTION
Page 6 of 304
13.
PUBLIC QUESTION PERIOD (10 MINUTES)
14.
PRESS QUESTION PERIOD (10 MINUTES)
15.
CLOSED SESSION
a)
BE IT RESOLVED that Council move into closed session
pursuant to Section 239 of the Municipal Act - ______ p.m.
(2)(b) Personal matters about an identifiable individual,
including municipal or local board employees;
(2) (c) A proposed or pending acquisition or disposition of
land by the municipality or local board;
(3.1) The meeting is held for the purpose of educating or
training the members.
BE IT RESOLVED that Council rise from closed session at
__________p.m.
16.
304
CONFIRMATORY BY-LAW
a) By-law 2015-91 - Confirmatory
By-law 2015-91 - Confirmatory
confirm the proceedings of the regular meeting of Council held on
September 15, 2015, be introduced and deemed to be read a
first, second and third time, be passed and properly signed and
sealed this 15th day of September, 2015.
17.
ADJOURNMENT:
Page 7 of 304
2015-08=26=
Northumbeda
county
Reso utIon
Dated: August 269 2015
oved
Seconded By:
Lcvshin
Agenda itern # 4b
"Whereas fire service dispatch services are currently carried out by a number of
providers throughout the County, and;
Whereas it has been an important goal to achieve common fire service dispatch across
all Northumberland County Fire services, providing safe, reliable communications with
best value for the citizens of Northumberland County;
Therefore Be it 'I) solved That Council of the County of Northumberland receive the
Report for information entitled, "County Wide Fire Services Dispatch Initiative."
And Further Be it Resolved That County Council recommends that the County Wide
Fire Services Dispatch and the related cost of fire dispatch communications across
Northumberland County be transferred to the County and a copy of this motion be
forwarded to the Northumberland County Member Municipalities.
Carried
Warden's Signature
Defeated
Warden's Signature
Deferred
Warden's Signature
Page 8 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Jim Peters
Reviewed/Approved By:
Lynn Phillips
Department Report No:
PLN-2015-58
Subject:
Resolution of Support for combined Hydro - TSW FIT
Application
Corporate Strategic Plan:
Communications, Customer Service
Council Recommendation:
BE IT RESOLVED that Council receive Staff Report PLN-2015-58, regarding a resolution of support
for a combined Hydro - Trent Severn Waterways FIT Application, as information;
AND FURTHER that Council pass a support resolution for the two FIT applications by Ontario Power
Generation / Trent Severn Waterways.
1. Purpose/Nature of the Proposal:
The purpose of this proposal is to make use of existing infrastructure operated by Trent Severn
Waterways at Locks 10 and 13, to generate hydro power which would be connected through the
existing generating stations at these locks.
2. Background/Rationale:
OPG has provided background documents explaining the proposal and showing the proposed
locations. Power would be generated by placing small turbines at the existing conduits that bring
water to the locks. As the water passes through the lock chamber, it will also pass through the
submerged compact turbine / generator. The generation of the power will be in conjunction with lock
operation and will be unobtrusive.
OPG will be applying for a FIT contract for these projects under the 4th intake for applications. As
Council is aware, priority points are awarded to FIT applications that have supporting Council
resolutions.
Page 9 of 304
3. Relevant Options/Consultations:
None are required for these projects.
4. Risk/Safety Considerations:
Not applicable.
5. Legal Implications/Legislative Requirements:
Not applicable.
6. Policy/Staff Implications:
Not applicable.
7. Major Benefits:
As noted in the information attached, the proposal uses existing infrastructure to generate clean and
renewable energy. It will also create new jobs and business opportunities during construction and
operation.
8. Financial Analysis:
There is no cost to the Municipality.
9. Means of Communicating Decision:
The decision will be communicated to OPG. The appropriate forms will be signed and returned for
support.
Page 10 of 304
Proposed Lock #10 Generating Station – Project Description
Introduction
Ontario Power Generation (OPG) is proposing to develop a compact, run of river hydroelectric
generating station using existing infrastructure at the Parks Canada Agency (PCA) Lock #10 (Hagues
Reach) at the Trent-Severn Waterway. The proposed Lock #10 Generating Station (GS) or the Project
will have capacity of approximately 445 kW, and is close to the existing OPG Hagues Reach GS. The
Project leverages on the existing lock infrastructure where one of the two conduits is generally not
utilized to pass through water for lock operation, and is well suited to locate a fully submerged compact
turbine/generator. OPG is planning to bid the Project into the upcoming IESO FIT 4 procurement for
projects 10-500 kW. The planned application period is from September 30 to October 23 with the
planned contract award in May 2016. Successfully executing the Project will not only best utilize
existing water and infrastructure at Lock #10 to generate clean and renewable energy for Ontario, but
also benefit the local community by creating new jobs and business opportunities during construction
and operation.
Project Scope
The general layout of the Project is in below Figure 1.
Figure 1: General Layout of Proposed Lock #10 Generating Station
Page | 1
Page 11 of 304
OPG will work with PCA during the development process to ensure the Project is compatible with the
Trent-Severn Waterway management plan and consistent with the PCA Cultural Resource Management
Policy and the Standards and Guidelines for the Conservation of Historic Places in Canada. No existing
or new dam is involved. The Lock #10 is the only existing infrastructure that will be impacted.
Modifications, the addition of generator equipment and visual enhancements to conceal generating
equipment are expected for the Lock.
Operation
The Trent Severn Waterway is the conveyor of water to the Lock. It is expected that the upper gates will
be opened to allow water to fill the lock chamber. The water will then enter through all of some of the
existing diffuser ports, which will be increased in size to reduce head-losses and increase the flows to
the turbine. After passing through the turbine, water rejoins the river.
The maximum quantity of water expected to be utilized through the generating units is the maximum
quantity of water that currently passes through Lock #10 which is approximately 12 cubic meters per
second (cms). As this is a run of river development, the maximum quantity of water expected to be
discharged is also approximately 12 cms.
During times when the lock is being used to transport boats through the canal, the GS will not be
operational. It is expected that the GS will generate electricity when flows are available during the nonnavigation season (late October to mid May) and during navigation season (late May to mid October). If
the units can be safely operated and it makes economic sense to do so, the units may be automated to
run during navigation season when boats are not in the lock.
Permits
OPG is applying for a Survey Permit for this Lock from PCA in order to apply to the IESO’s FIT program
(FIT 4.0). If OPG is offered a FIT contract and executes a FIT contract, OPG would then apply to PCA for a
Priority Permit. Following the completion of an Environmental Impact Analysis and the development of
General Layout Plans, OPG would then apply to PCA for an Interim Licence. If granted, OPG would
finalize the General Construction Plans and proceed to construct the facility with approval from PCA.
Following the completion of construction and the commissioning of the station, OPG will be eligible for a
Final Licence that would be in force for the duration of the FIT contract.
Page | 2
Page 12 of 304
Introduction
Ontario Power Generation (OPG) is proposing to develop a compact, run of river hydroelectric
generating station using existing infrastructure at the Parks Canada Agency (PCA) Lock #13
(Campbellford) at the Trent-Severn Waterway. The proposed Lock #13 Generating Station (GS) or the
Project will have capacity of approximately 414 kW, and is close to the existing OPG Seymour GS. The
Project leverages on the existing lock infrastructure where one of the two conduits is generally not
utilized to pass through water for lock operation, and is well suited to locate a fully submerged compact
turbine/generator. OPG is planning to bid the Project into the upcoming IESO FIT 4 procurement for
projects 10-500 kW. The planned application period is from September 30 to October 23 with the
planned contract award in May 2016. Successfully executing the Project will not only best utilize
existing water and infrastructure at Lock #13 to generate clean and renewable energy for Ontario, but
also benefit the local community by creating new jobs and business opportunities during construction
and operation.
Project Scope
The general layout of the Project is in below Figure 1.
Figure 1: General Layout of Proposed Lock #13 Generating Station
Page | 1
Page 13 of 304
OPG will work with PCA during the development process to ensure the Project is compatible with the
Trent-Severn Waterway management plan and consistent with the PCA Cultural Resource Management
Policy and the Standards and Guidelines for the Conservation of Historic Places in Canada. No existing
or new dam is involved. The Lock #13 is the only existing infrastructure that will be impacted.
Modifications, the addition of generator equipment and visual enhancements to conceal generating
equipment are expected for the Lock.
Operation
The Trent Severn Waterway is the conveyor of water to the Lock. It is expected that the upper gates will
be opened to allow water to fill the lock chamber. The water will then enter through all of some of the
existing diffuser ports, which will be increased in size to reduce head-losses and increase the flows to
the turbine. After passing through the turbine, water rejoins the river.
The maximum quantity of water expected to be utilized through the generating units is the maximum
quantity of water that currently passes through Lock #13 which is approximately 12 cubic meters per
second (cms). As this is a run of river development, the maximum quantity of water expected to be
discharged is also approximately 12 cms.
During times when the lock is being used to transport boats through the canal, the GS will not be
operational. It is expected that the GS will generate electricity when flows are available during the nonnavigation season (late October to mid May) and during navigation season (late May to mid October). If
the units can be safely operated and it makes economic sense to do so, the units may be automated to
run during navigation season when boats are not in the lock.
Permits
OPG is applying for a Survey Permit for this Lock from PCA in order to apply to the IESO’s FIT program
(FIT 4.0). If OPG is offered a FIT contract and executes a FIT contract, OPG would then apply to PCA for a
Priority Permit. Following the completion of an Environmental Impact Analysis and the development of
General Layout Plans, OPG would then apply to PCA for an Interim Licence. If granted, OPG would
finalize the General Construction Plans and proceed to construct the facility with approval from PCA.
Following the completion of construction and the commissioning of the station, OPG will be eligible for a
Final Licence that would be in force for the duration of the FIT contract.
Page | 2
Page 14 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Mayor and Members of Council
Prepared By:
Valerie Nesbitt
Lynn Phillips
2015-FIN-004
Subject:
Customer Service
BE IT RESOLVED THAT Council approve the adjustment (write off) of taxes in the amount of $
58,791.20 in accordance with Section 357 of the Municipal Act for reference documents Sec-26-13 to
Sec-50-13 (inclusive) and Sec-01-14 to Sec-39-14 (inclusive).
The purpose of the Report is to seek Council approval to write off taxes in accordance with Section
357 of the Municipal Act.
Reference documents Sec-26-13 to Sec-50-13 inclusive and Sec-01-14 to Sec-39-14 inclusive relate
to taxation years 2013 and 2014. These applications are for properties that require tax adjustments
(write offs) due to demolitions, change of use, taxable to exempt status and properties that vest with
the municipality. Applications are reviewed by the Municipal Property Assessment Corporation
(MPAC) and are recommended for approval. Subsequent applications for adjustment of taxes under
Section 357 of the Municipal Act will exclude properties that vest with the municipality as a result of
Tax Sale as those properties will be brought forward on a separate report.
None.
Page 15 of 304
Municipal Act, 2001, S.O. 2001, CHAPTER 25, SECTION 357 (1)(a) – Upon application, the
municipality may cancel, reduce or refund taxes as a result of a change of event. A change of event
is defined as an event that during the taxation year, the property or portion of the property is eligible
to be reclassified in a different class of real property.
Municipal Act, 2001, S.O. 2001, CHAPTER 25, SECTION 357 (1)(C)– Upon application, the land
has become exempt from taxation during the year or during the preceding year after the return of the
assessment roll.
Municipal Act, 2001, S.O. 2001, CHAPTER 25, SECTION 357 (1)(D)(i) – Upon application, the
municipality may cancel, reduce or refund taxes levied on land in the year in the application was
made if during the year or during the preceding year after the return of the assessment roll, a building
on the land was razed by fire, demolished or removed
None.
7. Major Benefits:
Not applicable.
Total taxes to be written off $ 58,791.20 which includes amounts from 2013 of $ 10,139.99 and 2014
of $ 48,651.21. Taxes written off are shared proportionately with the County and School Boards and
are funded each year within the Operating Budget.
Staff advise owners of the status of their applications in writing and adjustments to property tax
accounts are completed accordingly.
Page 16 of 304
Department Report Number: Staff Report FIN-2015-004-Appendix A
Subject:
Meeting Date:
September 15, 2015
Application Year 2013
Application #
Roll Number
Effective Date
SEC-26-13
134 050 12611
June 6/13 to Dec 31/13
$16.28
SEC-27-13
134 060 12921
Sept 27/13 to Dec 31/13
$274.87
SEC-28-13
134 080 03048
Apr 22/13 to Dec 31/13
$1,200.61
SEC-29-13
134 100 16001
Oct 8/13 to Dec 31/13
$20.00
SEC-30-13
100 030 08100
Jan 1/13 to Dec 31/13
$1,206.73
Commercial to Residential
SEC-31-13
134 070 11200
Jan 1/13 to Dec 31/13
$1,141.73
Cottage demolished
SEC-32-13
134 080 12100
Apr 1/13 to Dec 31/13
$374.36
House demolished
SEC-33-13
134 100 13400
Oct 11/13 to Dec 31/13
$247.65
House demolished
SEC-34-13
229 030 09200
Nov 11/13 to Dec 31/13
$78.26
SEC-35-13
229 040 13201
Oct 1/13 to Dec 31/13
$140.74
House demolished
SEC-36-13
229 040 13244
Nov 4/13 to Dec 31/13
$850.15
Vested property
SEC-37-13
229 040 13311
Nov 4/13 to Dec 31/13
$15.30
Vested property
SEC-38-13
229 040 13322
Nov 4/13 to Dec 31/13
$14.73
Vested property
SEC-39-13
229 040 13333
Nov 4/13 to Dec 31/13
$15.58
Vested property
SEC-40-13
229 040 13334
Nov 4/13 to Dec 31/13
$15.53
Vested property
SEC-41-13
229 040 13335
Nov 4/13 to Dec 31/13
$15.53
Vested property
SEC-42-13
229 040 13336
Nov 4/13 to Dec 31/13
$15.30
Vested property
SEC-43-13
229 040 13337
Nov 4/13 to Dec 31/13
$15.30
Vested property
SEC-44-13
229 040 13354
Jan 1/13 to Dec 31/13
$98.43
Vested property
SEC-45-13
229 040 13395
Nov 4/13 to Dec 31/13
$850.15
Vested property
SEC-46-13
229 060 04600
Jun 10/13 to Dec 31/13
$2,603.68
SEC-47-13
332 010 02000
Sept 10/13 to Dec 31/13
$365.66
House demolished
SEC-48-13
332 030 04200
July 31/13 to Dec 31/13
$142.70
Property purchased by Trent Hills
SEC-49-13
332 030 20300
Jan 1/13 to Dec 31/13
$404.44
Church exemption
SEC-50-13
134 050 12611
Oct 1/13 to Dec 31/13
$16.28
TOTAL 2013
Write off Amt
$10,139.99
Reason
Trailer Removed
Residence demolished
Cottage demolished by fire
Storage shed demolished
Part of house demolished
Hospice became exempt
Mobile Unit Removed
Page 17 of 304
Subject:
Meeting Date:
September 15, 2015
Application Year 2014
Application #
Roll Number
Effective Date
Write off Amt
SEC-01-14
100 020 02200
Mar 3/14 to Dec 31/114
SEC-02-14
100 030 08100
Jan 1/14 to Dec 31/14
$1,478.76
No longer commercial
SEC-03-14
100 080 11500
Jun 25/14 to Dec 31/14
$14.34
Demolition of sunroom
SEC-04-14
134 020 11500
Sept 1/14 to Dec 31/14
$460.58
SEC-05-14
134 070 11200
Jan 1/14 to Dec 31/14
$1,192.91
Cottage demolished
SEC-06-14
134 080 02100
Mar 1/14 to Dec 31/14
$1,489.35
Vested property
SEC-07-14
134 080 12100
Jan 1/14 to Dec 31/14
$520.60
Demolished by fire
SEC-08-14
134 090 25200
May 1/14 to Dec 31/14
$17.62
Shed demolished
SEC-09-14
134 100 13400
Jan 1/14 to Dec 31/14
$1,384.65
House demolished
SEC-10-14
229 030 09200
Jan 1/14 to Dec 31/14
$562.61
House demolished
SEC-11-14
229 030 11712
Jan 1/14 to Dec 31/14
$3,099.09
Vested property
SEC-12-14
229 040 03400
Jan 1/14 to Dec 31/14
$913.72
Vested property
SEC-13-14
229 040 08502
May 1/14 to Dec 31/14
$661.13
Cottage demolished
SEC-14-14
229 040 13201
Jan 1/14 to Dec 31/14
$556.71
House demolished
SEC-15-14
229 040 13244
Jan 1/14 to Dec 31/14
$103.49
Vested property
SEC-16-14
229 040 13311
Jan 1/14 to Dec 31/14
$885.65
Vested property
SEC-17-14
229 040 13322
Jan 1/14 to Dec 31/14
$1,020.18
Vested property
SEC-18-14
229 040 13333
Jan 1/14 to Dec 31/14
$938.12
Vested property
SEC-19-14
229 040 13334
Jan 1/14 to Dec 31/14
$930.12
Vested property
SEC-20-14
229 040 13335
Jan 1/14 to Dec 31/14
$930.12
Vested property
SEC-21-14
229 040 13336
Jan 1/14 to Dec 31/14
$923.85
Vested property
SEC-22-14
229 040 13337
Jan 1/14 to Dec 31/14
$923.85
Vested property
SEC-23-14
229 040 13354
Jan 1/14 to Dec 31/14
$109.20
Vested property
SEC-24-14
229 040 13395
Jan 1/14 to Dec 31/14
$103.49
Vested property
$23.10
Reason
Demolition of porch roof
Demo house, garage, Boathouse
Page 18 of 304
Subject:
Meeting Date:
September 15, 2015
Application #
Roll Number
Effective Date
SEC-25-14
332 010 02000
Jan 1/14 to Dec 31/14
SEC-26-14
332 010 04800
SEC-27-14
Write off Amt
Reason
$1,177.67
House demolished
July 17/14 to Dec 31/14
$279.24
House demolished
332 030 04200
Jan 1/14 to Dec 31/14
$367.57
Property purchased by Trent Hills
SEC-28-14
332 030 05800
May 30/14 to Dec 31/14
$421.08
Cottage demolished
SEC-29-14
134 050 12611
Jan 1/14 to Dec 31/14
$211.40
Mobile Unit Removed
SEC-30-14
332 030 20300
Jan 1/14 to Dec 31/14
$404.44
Church Exemption
SEC-31-14
134 070 07205
Oct 16/14 to Dec 31/14
$21,361.84
Vested property
SEC-32-14
229 040 13328
Oct 16/14 to Dec 31/14
$917.04
Vested property
SEC-33-14
229 040 13368
Oct 16/14 to Dec 31/14
$652.18
Vested property
SEC-34-14
229 040 13370
Oct 16/14 to Dec 31/14
$448.20
Vested property
SEC-35-14
229 040 13373
Sep 26/14 to Dec 31/14
$448.20
Vested property
SEC-36-14
229 040 13378
Oct 16/14 to Dec 31/14
$868.53
Vested property
SEC-37-14
229 040 13379
Sep 26/14 to Dec 31/14
$631.21
Vested property
SEC-38-14
229 040 13380
Sep 26/14 to Dec 31/14
$641.28
Vested property
SEC-39-14
229 040 13348
Mar 14/14 to Dec 31/14
$578.09
Vested property
TOTAL 2014
TOTAL TAXES TO BE WRITTEN OFF
$
48,651.21
$ 58,791.20
Page 19 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Prepared By:
Valerie Nesbitt
Janice West, Lynn Phillips
2015-FIN-005
Subject:
Vesting Properties
Customer Service
BE IT RESOLVED THAT Council approve the list of lands to be vested by the municipality, reference
documents VEST01 to VEST08 inclusive, in accordance with Section 379(7.1) of the Municipal Act;
AND FURTHER that Council authorize Staff to write off taxes in the amount of $ 29,086.12 on lands
vested by the municipality, reference documents VEST01 to VEST08 inclusive, in accordance with
Section 357 (1)(a) of the Municipal Act.
The purpose of the report is to seek Council approval to vest eligible lands with the municipality and
write off corresponding property taxes.
The affected properties were offered for Tax Sale by Public Tender and no bids were received.
These properties are eligible to vest with the municipality. Council has the authority to proceed with
vesting of the lands and accordingly, approve taxes to be written off. If Council does not approve the
vesting of lands and corresponding tax write off, taxes will remain on the tax roll and increase taxes
receivable as they are difficult to collect. The list of eligible properties is attached as Appendix A to
this report.
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The Director of Planning has been consulted and endorses the vesting of eligible properties.
None.
Municipal Act, 2001, S.O. 2001, SECTION 379 (7.1) – A notice of vesting, when registered, vests in
the municipality an estate in fee simple in the land, together with all rights, privileges and
appurtenances and free from all estates and interest, including all estates and interests of the Crown
in right of Ontario, except, (a) easements and restrictive covenants that run with the land, including
those for the benefit of the Crown in right of Ontario; (b) any estates and interests of the Crown in
right of Canada and (c) an interest or title acquired by adverse possession by abutting landowners,
including the Crown in right of Ontario, before registration of the notice of vesting. 2006, c. 32 Sch. A,
s. 156 (4).
Municipal Act, 2001, S.O. 2001, CHAPTER 25, SECTION 357 (1)(A) – Upon application, the
municipality may cancel, reduce or refund taxes as a result of a change of event. A change of event
is defined as an event that during the taxation year, the property or portion of the property is eligible
to be reclassified in a different class of real property.
None.
7. Major Benefits:
Vested properties may be offered for sale as Surplus Lands at a future date.
Total taxes and penalty to be written off is $29,086.12. This amount is shared proportionately with
the County and School Boards and is funded through the 2015 Municipal Operating Budget.
Not applicable.
Page 21 of 304
Department Report Number:
Subject:
Meeting Date:
Staff Report FIN-2015-005-Appendix A
Property Vesting
September 15, 2015
Document #
Roll Number
Tax/Penalty Write
off Amount
Reason
VEST 01
229 040 13396
$3,032.92
Not sold at Tax Sale
VEST 02
229 040 13408
$2,359.98
VEST 03
229 040 13449
$4,374.11
VEST 04
229 040 13367
$4,435.27
VEST 05
229 040 13466
$3,598.11
VEST 06
134 100 12246
$3,585.28
VEST 07
229 040 13410
$2,359.15
VEST 08
229 010 09127
$5,341.30
$29,086.12
TOTAL
1
Page 22 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Prepared By:
Valerie Nesbitt
Lynn Phillips, Neil Allanson
FIN-2015-006
Subject:
2015 Budget Amendment-Reallocation
Customer Service
BE IT RESOLVED THAT Council authorize the Treasurer to reallocate the 2015 Budget expense line
item in the amount of $ 20,000 from Seymour Sand Dome-Facility Repairs to Brickley Sand DomeFacility Repairs;
AND FURTHER THAT Council authorize the Treasurer to reallocate the 2015 Budget revenue line
item in the amount of $ 20,000 from Seymour Sand Dome-Transfer from Reserve to Brickely Sand
Dome-Transfer from Reserve.
The purpose of the report is to authorize Staff to reallocate 2015 Budget line items as an amendment.
The 2015 Budget was approved by Council on May 5, 2015. The Manager of Roads & Urban
Services identified an administrative error in the 2015 Budget allocation for Sand Domes that requires
an amendment.
Public Works and Finance staff consulted on this issue.
None.
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None.
None.
7. Major Benefits:
Not applicable.
There is no financial impact to the 2015 Budget as a result of these amendments. Total 2015 Budget
amount after amendment for the Brickley Sand Dome is $ 50,000 funded by a Transfer from Reserve
of $ 20,000.
This report serves as communication to Council of the amendment to the 2015 Budget.
Page 24 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Prepared By:
Valerie Nesbitt
Lynn Phillips, Scott White
FIN-2015-007
Subject:
System Upgrades
Long Term Capital Plans
BE IT RESOLVED THAT Council enter into an Agreement with Her Majesty the Queen as
represented by the Minister of Agriculture, Food and Rural Affairs (OMAFRA) who shall administer
funds for the Campbellford Potable Water Supply and Distribution System Upgrades on behalf of the
Ministry of Agriculture, Food and Rural Affairs (OMAFRA);
AND FURTHER THAT a By-Law be considered by Council to authorize the Mayor and Clerk to
execute the agreement with OMAFRA.
The purpose of the report is to authorize the Mayor and Clerk to execute an agreement with
OMAFRA to secure funding for the Campbellford Potable Water Supply and Distribution System
Upgrade.
The Small Communities Fund (SCF) is part of the Federal Governments Building Canada Fund
(BCF). Eligible projects include highways, major roads, bridges, public transit, disaster mitigation,
connectivity or broadband, innovation, wastewater, green energy, drinking water, solid waste
management, brownfield redevelopment, local and regional airports, short line rail, short sea
shipping.
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Municipalities were invited to submit an Expression of Interest (EOI) in September, 2014. Projects
that moved forward from the pre-screening stage of EOI were invited to submit an application for
funding in December, 2014. The municipality of Trent Hills submitted an application for funding for
the Campbellford Potable Water Supply and Distribution System Upgrades.
An environmental assessment was completed prior to the submission of the Expression of Interest
and Application.
None.
Not applicable.
Not applicable.
7. Major Benefits:
The serviced area of Campbellford, approximately 3800 people will benefit from the upgrades.
Total project cost:
$ 5,390,190 (including HST)
Total project eligible cost: $ 4,853,952 (net of applicable HST rebate)
Federal Funding:
$ 1,617,984
Provincial Funding:
$ 1,617,984
Municipal Funding
$ 1,617,984
This project was included in the 2015 Water and Sewer Budget. Proceeds from Debt was indicated
as the source of funding for the municipal portion of the project. Debt to be repaid by user rates.
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New Building Canada Fund – Small Communities Fund Agreement
File Number: SCF-0212
NEW BUILDING CANADA FUND – SMALL COMMUNITIES FUND AGREEMENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
(the “Province”)
– and –
THE CORPORATION OF THE MUNICIPALITY OF TRENT HILLS
(the “Recipient”)
I.
BACKGROUND
The Government of Canada established the Small Communities Fund (the “SCF”) as a component
of the New Building Canada Fund under the Economic Action Plan 2013 as a renewed commitment
to infrastructure priorities across Canada.
The Government of Canada has committed one billion dollars ($1,000,000,000.00) over ten (10)
years towards the SCF for projects in smaller communities that address local priorities while
contributing to national or regional objectives, support economic growth, a clean environment and
stronger communities.
The purpose of the SCF is to improve and renew public infrastructure in Ontario’s communities with
populations under one hundred thousand (100,000) people.
The Government of Ontario has also made a renewed commitment to infrastructure within Ontario.
The Government of Canada and the Government of Ontario entered into the Canada – Ontario
New Building Canada Fund Small Communities Fund Funding Agreement 2014-2024, effective
November 3, 2014, which set out the rights, obligations and requirements with respect to
investments under the SCF.
The Recipient applied to the SCF for funding to assist the Recipient in carrying out the Project, the
Recipient is eligible to receive funding under the SCF and both Ontario and Canada wish to provide
funding for the Project.
II.
CONSIDERATION
In consideration of the mutual covenants and agreements contained in this agreement (the
“Agreement”) and for other good and valuable consideration, the receipt and sufficiency of which
is expressly acknowledged, the Province and the Recipient (the “Parties”) agree as follows:
III.
ENTIRE AGREEMENT
This Agreement, including
Schedule “A” – General Terms And Conditions,
Schedule “B” – Operational Requirements And Additional Terms and Conditions,
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Schedule “C” – Project Description,
Schedule “D” – Project Financial Information,
Schedule “E” – Communications Protocol,
Schedule “F” – Reporting Requirements, and
any amending agreement entered into as provided for below,
constitutes the entire agreement between the Parties with respect to the subject matter contained in
this Agreement and supersedes all prior oral or written representations and agreements.
IV.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
V.
AMENDING AGREEMENT
This Agreement may only be amended by a written agreement duly executed by the Parties.
VI.
ACKNOWLEDGEMENT
The Recipient:
(a)
Acknowledges that it has read and understands the provisions contained in the
entire Agreement; and
(b)
Agrees to be bound by the terms and conditions in the entire Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
______________________________________
Name:
Randy Jackiw
Title:
Assistant Deputy Minister (A)
___________________
Date
I have the authority to bind the Crown pursuant to delegated authority.
AFFIX
CORPORATE
SEAL
Name:
Name:
Title:
Title:
Date:
Date:
I/We have the authority to bind the Recipient.
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SCHEDULE “A”
GENERAL TERMS AND CONDITIONS
ARTICLE 1
INTERPRETATION AND DEFINITIONS
1.1
Interpretation. For the purposes of interpreting this Agreement:
(a)
Words in the singular include the plural and vice versa;
(b)
Words in one gender include all genders;
(c)
The headings do not form part of this Agreement; they are for reference only and will
not affect the interpretation of this Agreement;
(d)
Any reference to dollars or currency will be in Canadian dollars and currency;
(e)
Any reference to a statute means a statute of the Province of Ontario, unless
otherwise indicated;
(f)
Any reference to a statute is to that statute and to the regulations made pursuant to
that statute as that statute and regulations may be amended from time to time and to
any statute or regulations that may be passed that have the effect of supplanting or
superseding that statute or regulation unless a provision of the Agreement provides
otherwise;
(g)
All accounting terms will be interpreted in accordance with the Generally Accepted
Accounting Principles and all calculations will be made and all financial data to be
submitted will be prepared in accordance with the Generally Accepted Accounting
Principles in effect in Canada; and
(h)
The words “include”, “includes” and “including” denote that the subsequent list is not
exhaustive.
1.2
Definitions. In this Agreement, the following terms will have the following meaning
“Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other
group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
“Additional Conditions” means the terms and conditions referred to in section 9.1 of
Schedule “A” of this Agreement and specified in section B.2 of Schedule “B” of this
Agreement.
“Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in
effect on the Effective Date of this Agreement and as treated or defined under Generally
Accepted Accounting Principles.
“Asset” means any moveable or non-moveable real or personal property constructed,
rehabilitated or improved, in whole or in part, with Funds provided under this Agreement.
“Auditor General” means the Auditor General of Ontario and/or the Auditor General of
Canada, depending on the context.
“BPSAA” means the Broader Public Sector Accountability Act, 2010.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory
and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday;
Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance
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Day; Christmas Day; Boxing Day and any other day on which the Province has elected to
be closed for business.
“Canada” means Her Majesty the Queen in Right of Canada.
“Communications Protocol” means the protocol set out under Schedule “E” of this
Agreement.
“Conflict of Interest” includes any and all circumstances where the Recipient or any
Person who has the capacity to influence the Recipient’s decisions has outside
commitments, relationships or financial interests that could, or could be seen to, interfere
with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this
Agreement.
“Contract” means an agreement between the Recipient and a third-party whereby the
third-party agrees to provide a good or service for the Project in return for financial
consideration that may be claimed by the Recipient as an Eligible Cost.
“Effective Date” means the date on which this Agreement is effective, as set out under
section B.1.1 of Schedule “B” of this Agreement.
“Eligible Costs” means those costs set out under section D.3 of Schedule “D” of this
Agreement.
“Event of Default” has the meaning ascribed to it in section 15.1 of Schedule “A” of this
Agreement.
“Expiration Date” means the date on which this Agreement will expire, as set out under
section B.1.2 of Schedule “B” of this Agreement unless amended or terminated prior to this
date in accordance with the terms and conditions of this Agreement.
“FAA” means the Financial Administration Act.
“Failure” means a failure to comply with any term, condition, obligation under any other
agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of
Her agencies.
“FIPPA” means the Freedom of Information and Protection of Privacy Act.
“Funding Year” means:
(a)
In the case of the first Funding Year, the period commencing on the Effective Date
and ending on the following March 31, and
(b)
In the case of Funding Years subsequent to the first Funding Year, the period
commencing on April 1 following the end of the previous Funding Year and ending
on the following March 31.
“Funds” means the money provided to the Recipient pursuant to this Agreement.
“Holdback” means the amount set out under section D.1.2 of Schedule “D” of this
Agreement.
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“Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers,
appointees, officers, employees, servants and agents as well as Her Majesty the Queen in
Right of Canada, Her Ministers, appointees, officers, employees, servants and agents.
“Ineligible Costs” means those costs set out under section D.4 of Schedule “D” of this
Agreement.
“Maximum Funds” means the maximum amount of Funds the Recipient is eligible to
receive under this Agreement, as set out under section D.1.1 of Schedule “D” of this
Agreement.
“Minister” means the Minister of Agriculture, Food and Rural Affairs.
“Notice” means any communication given or required to be given pursuant to this
Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy
an Event of Default, and includes any such period or periods of time by which the Province
considers it reasonable to extend that time.
“Party” means either the Province or the Recipient.
“Project” means the undertaking described in Schedule “C” of this Agreement.
“Project Approval Date” means the date set out in section B.1.3 of Schedule “B” of this
Agreement and is the first date in which the Recipient may incur Eligible Costs for the
Project.
“Project Completion Date” means the date set out in section B.1.4 of Schedule “B” of this
Agreement and is the last date in which the Recipient may incur Eligible Costs for the
Project.
“Project Investment Commitment” means the minimum financial contribution that the
Recipient will provide toward completing the Project, as set out under section D.2.1 of
Schedule “D” of this Agreement.
“PSSDA” means the Public Sector Salary Disclosure Act, 1996.
“Reports” means the reports set out under Schedule “F” of this Agreement.
“Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances,
codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees,
injunctions, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the
generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any
other type of broader public sector accountability legislative provisions, the BPSAA, the
PSSDA and other type of broader public sector accountability legislative provisions are
deemed to be a Requirement of Law.
“Substantial Completion” has the same meaning as “substantially performed”, as defined
under section 2(1) of the Construction Lien Act.
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“Term” means the period of time beginning on the Effective Date of this Agreement and
ending on the Expiration Date or the termination of this Agreement, whichever is shorter.
1.3
Expiration Of Agreement. This Agreement will expire on the Expiration Date, unless
amended or terminated prior to the Expiration Date in accordance with the terms and
conditions of this Agreement.
1.4
Conflict. Subject to section 9.1 of Schedule “A” of this Agreement, in the event of a conflict
between this Schedule “A” of the Agreement and any other Schedule of this Agreement, the
terms and conditions set out under this Schedule “A” of the Agreement will prevail.
ARTICLE 2
REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1
General Representations, Warranties And Covenants. The Recipient represents,
warrants and covenants that:
(a)
It is, and will continue to be for the Term of this Agreement, a validly existing legal
entity with the full power to fulfill its obligations under this Agreement;
(b)
Where applicable, it has passed the requisite by-laws to enter into this Agreement
and undertake the Project;
(c)
It is in compliance with all Requirements of Law and it will remain in compliance with
all Requirements of Law throughout the Term of this Agreement;
(d)
It has, and will continue to have for the Term of this Agreement, the experience and
expertise necessary to carry out the Project;
(e)
It has secured the funds necessary to meet its Project Investment Commitment;
(f)
It has all permits, approvals, licenses, certificates or other similar documents that are
required to carry out any Project or it will apply for all permits, approvals, licenses,
certificates or other similar documents before carrying out the Project; and
(g)
Unless otherwise provided for in this Agreement, any information the Recipient
provided to the Province in support of its request for Funds, including any
information relating to any eligibility requirements, was true, correct and complete at
the time the Recipient provided it.
2.2
Execution Of Agreement. The Recipient represents and warrants that it has:
(a)
The full power and authority to enter into this Agreement; and
(b)
Taken all necessary actions to authorize the execution of this Agreement.
2.3
Governance. The Recipient represents, warrants and covenants that it has in writing and
will maintain for the Term of this Agreement:
(a)
A code of conduct and ethical responsibilities for the Recipient;
(b)
Procedures to ensure the ongoing effective functioning and continuance of the
Recipient until the Expiration Date of this Agreement;
(c)
Decision-making mechanisms;
(d)
Procedures for the prudent and effective management of any Funds being provided
under this Agreement;
(e)
Procedures to enable the timely identification of risks that would interfere with the
Recipient meetings its obligations under this Agreement and strategies to address
the identified risks;
(f)
Procedures to enable the preparation and delivery of all Reports required under this
Agreement; and
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(g)
Procedures to enable the Recipient to deal with such other matters as the Recipient
considers necessary to ensure that the Recipient carries out its obligations under
this Agreement.
2.4
Proof Of Compliance Upon Ontario’s Request. Upon request, and within the time period
indicated in the Notice, the Recipient will provide the Province with proof of the matters
referred to in this Article 2 of the Agreement.
2.5
Additional Covenants. The Recipient undertakes to advise the Province within five (5)
Business Days of:
(a)
Any changes that affect its representations, warranties and covenants under
sections 2.1, 2.2 or 2.3 of Schedule “A” of this Agreement during the Term of this
Agreement; and
(b)
Any actions, suits or other proceedings which could or would reasonably prevent the
Recipient from complying with the terms and conditions of this Agreement.
ARTICLE 3
THE RECIPIENT AND THE PROJECT
3.1
Project Investment Commitment. The Recipient will invest a minimum amount equal to
the Project Investment Commitment for the Project between the Effective Date of this
Agreement and the Project Completion Date or the termination of this Agreement,
whichever is sooner.
3.2
Project Financing. The Recipient acknowledges and agrees that:
(a)
It is solely responsible for making any alternative arrangements that may be required
to obtain additional financing for the Project in the event that its original financing
situation in regards to its Project Investment Commitment changes;
(b)
It is solely responsible for covering any unapproved expenditures and cost overruns;
and
(c)
It is solely responsible for securing any additional financing required to complete the
Project in the event that its Project Investment Commitment is not sufficient to
complete the Project.
3.3
Responsibility For The Project. The Recipient acknowledges and agrees that the
Recipient is solely responsible for the undertaking, implementation, completion, operation
and/or maintenance of the Project. The Recipient further agrees that it will not seek to hold
the Province or Canada responsible for the undertaking, implementation, completion,
operation and/or maintenance of the Project through recourse to a third party, court, tribunal
or arbitrator.
3.4
Project Completion. The Recipient will ensure that the Project is Substantially Completed
by the Project Completion Date in accordance with the terms and conditions of this
Agreement.
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ARTICLE 4
FUNDS AND CARRYING OUT THE PROJECT
4.1
Funds Provided. The Province will:
(a)
Provide the Recipient up to the Maximum Funds for the sole purpose of carrying out
the Project;
(b)
Provide the Funds to the Recipient in accordance with section D.5 of Schedule “D”
of this Agreement;
(c)
Deposit the Funds into an account designated by the Recipient, provided that
account:
(i)
Resides at a Canadian financial institution, and
(ii)
Is in the name of the Recipient.
4.2
Limitation On Payment Of Funds. Despite section 4.1 of Schedule “A” of this Agreement:
(a)
The Province is not obligated to provide any Funds to the Recipient until the
Recipient provides the insurance certificate or other proof as the Province may
request pursuant to section 12.2 of Schedule “A” of this Agreement;
(b)
The Province is not obligated to provide any instalment or payment of Funds until it
is satisfied with the progress of the Project;
(c)
The Province may adjust the amount of Funds it provides to the Recipient without
liability, penalty or costs in any Funding Year based upon the Province’s assessment
of the information provided by the Recipient pursuant to Article 7 of Schedule “A” of
this Agreement;
(d)
If, pursuant to the FAA, the Province does not receive the necessary appropriation
from the Ontario Legislature for payment under this Agreement, the Province is not
obligated to make any such payment, and, as a consequence, the Province may:
(i)
Reduce the amount of Funds and, in consultation with the Recipient, change
the Project without liability, penalty or costs, or
(ii)
Terminate the Agreement pursuant to section 14.1 of Schedule “A” of this
Agreement;
(e)
If the Province does not receive sufficient funds from Canada, the Province is not
obligated to make any payment to the Recipient, and, as a consequence, the
Province may:
(i)
Reduce the amount of Funds being provided under the Agreement and, in
consultation with the Recipient, change the Project without liability, penalty or
costs,
(ii)
Recover Funds already paid to the Recipient, or
(iii)
Terminate the Agreement in the same manner as is set out under section
14.1 of Schedule “A” of this Agreement;
(f)
The Province may impose a Holdback on any instalment of Funds and will not be
obligated to pay that Holdback to the Recipient until forty-five (45) Business Days
after the Province approves the Recipient’s Final Report.
4.3
Use Of Funds And Project. The Recipient will:
(a)
Carry out the Project in accordance with the terms and conditions of this Agreement;
(b)
Use the Funds only for Eligible Costs that are directly related to the Project and are
for the sole purpose of carrying out the Project; and
(c)
Not use the Funds on Ineligible Costs or to cover any specific cost that has or will be
funded or reimbursed by any third party, including other ministries, agencies and
organizations of the Government of Ontario.
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4.4
Province And Canada’s Role Limited To Providing Funds. For greater clarity, the
Province and Canada’s role under this Agreement is strictly limited to providing Funds to the
Recipient for the purposes of the Project and the Province and Canada are not a decisionmaker in regards to the Project nor is the Province or Canada responsible for carrying out
the Project. Without limiting the generality of the foregoing, the fact that the Province or
Canada may conduct reviews and/or audits of the Project as provided for hereinafter or the
Province issues directions, consents to changes to the Project or impose conditions upon
any consents in accordance with the terms and conditions of this Agreement will not be
construed by the Recipient as the Province having a management, decision-making or
advisory role in relation to the Project. The Recipient further agrees that the Recipient will
not seek to name the Province or Canada as a decision-maker, advisor or manager of the
Project in any matter before a third party, court, tribunal or arbitrator.
4.5
Provision Of Funds Does Not Obligate Province Or Canada To Assist Recipient In
Obtaining Approvals, Licences or Permits. The Recipient acknowledges and agrees that
the entering into this Agreement does not in any way obligate any regulatory authority
established under an Act of the Ontario Legislature or Parliament to issue any type of
approval, licence, permit or similar authorization that the Recipient may need or want in
relation to the Project or to meet any terms or conditions under this Agreement.
4.6
No Changes. The Recipient will not make any changes to the Project without providing
Notice to the Province and receiving the Province’s prior written consent before undertaking
any changes to the Project.
4.7
Interest Bearing Account. If the Province provides Funds to the Recipient before the
Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest
bearing account in the name of the Recipient at a Canadian financial institution. The
Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for
the Project.
4.8
Recipient Earning Interest On Funds. If the Recipient earns any interest on the Funds,
the Province may:
(a)
Deduct an amount equal to the interest from any further installment of the Funds; or
(b)
Demand from the Recipient the repayment of an amount equal to the interest.
4.9
No Provincial Payment Of Interest. The Province is not required to pay interest on any
Funds under this Agreement. For greater clarity, this includes interest on any Funds that
the Province has withheld paying to the Recipient.
4.10
Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it
pursuant to this Agreement will not exceed the Maximum Funds.
4.11
Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount
of Funds available to it pursuant to this Agreement is based on the actual costs to the
Recipient, less any costs, including taxes, for which the Recipient has received, will receive
or is eligible to receive, a rebate, credit or refund.
4.12
Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and
agrees that any Funds provided under this Agreement is for the administration of social or
economic programs or the provision of direct or indirect support to members of the public in
connection with social or economic policy.
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ARTICLE 5
RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS
5.1
Acquisition. If the Recipient acquires goods, services or both with the Funds, it will:
(a)
Do so through a process that is transparent, fair and promotes the best value for the
money expended and at competitive prices that are no greater than fair market value
after deducting trade discounts and/or any other discounts available to the Recipient;
and
(b)
Comply with any Requirements of Law and any procurement policies that may be
applicable to how the Recipient acquires goods, services or both.
Without limiting the generality of the foregoing:
(a)
Where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario)
is applicable, the Recipient will follow its procurement policies when procuring
goods, services or both; and
(b)
Where the Recipient is a Local Services Board or any other entity not covered by the
Municipal Act, 2001 (Ontario) and the Recipient is looking to procure goods, services
or both, the estimated costs of which exceed twenty-five thousand dollars
($25,000.00), the Recipient will obtain at least three (3) written quotes when
procuring goods, services or both.
5.2
Contracts. The Recipient will ensure that all Contracts:
(a)
Are consistent with this Agreement;
(b)
Do not conflict with this Agreement;
(c)
Incorporate the relevant provisions of this Agreement to the fullest extent possible;
(d)
Require that any parties to those Contracts comply with all Requirements of Law;
and
(e)
Authorize the Province to perform audits of the parties to those Contracts in relation
to the Project as the Province see fit in connection with Article 7 of Schedule “A” of
this Agreement.
5.3
Revenue From Assets. The Recipient will provide Notice to the Province when an Asset in
any given Funding Year generates revenue that exceed its costs, including operating costs,
alternative financing partnerships or public-private partnership costs and provisions for
future life cycle costs. The Province may, in its sole and absolute discretion, deem the
amount of revenue generated from the Asset in excess of its costs within the first five (5)
years after the Project is Substantially Completed that is proportionate to the Funds
provided under this Agreement to be an overpayment and the Recipient will repay that
overpayment to the Province.
5.4
Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or
otherwise dispose of any Asset purchased or created with the Funds or for which Funds
were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule
“B” of this Agreement at the time of purchase for the time period set out under section B.1.6
of Schedule “B” of this Agreement. In the event the Recipient fails to comply with the
requirements set out under this section 5.3 of Schedule “A” of this Agreement, the Province
may recover its Funds from the Recipient in accordance with section B.1.7 of Schedule “B”
of this Agreement. For greater clarity, the remedy provided under this section 5.3 of
Schedule “A” of this Agreement does not limit any other remedies that the Province may
have under this Agreement.
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ARTICLE 6
CONFLICT OF INTEREST
6.1
No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without
an actual, potential or perceived conflict of interest.
6.2
Disclosure To The Province: The Recipient will:
(a)
Disclose to the Province, without delay, any situation that a reasonable person
would interpret as an actual, potential or perceived conflict of interest; and
(b)
Comply with any terms and conditions that the Province may impose as a result of
the disclosure.
ARTICLE 7
REPORTING, ACCOUNTING AND REVIEW
7.1
Preparation And Submission. The Recipient will:
(a)
Submit to the Province at the address referred to in section B.1.8 of Schedule “B” of
this Agreement all Reports in accordance with the timelines and content
requirements set out in Schedule “F” of this Agreement, or in a form as specified by
the Province from time to time;
(b)
Ensure that all Reports are completed to the satisfaction of the Province; and
(c)
Ensure that all Reports are signed on behalf of the Recipient by an authorized
signing officer and that the accompanying attestation has been completed.
7.2
Records Maintenance. The Recipient will keep and maintain for a period of seven (7)
years from the Expiration Date of this Agreement:
(a)
All financial records, including invoices, relating to the Funds or otherwise to the
Project in a manner consistent with generally acceptable accounting principles; and
(b)
All non-financial documents and records relating to the Funds or otherwise to the
Project.
7.3
Inspection. The Province and Canada, their authorized representatives or an independent
auditor identified by the Province or Canada may, at their own expense, upon twenty-four
(24) hours’ Notice to the Recipient during normal business hours, enter upon the Recipient’s
premises to review the progress of the Project and the Recipient’s allocation and
expenditure of the Funds and, for these purposes, the Province or Canada, their authorized
representatives or an independent auditor identified by the Province or Canada may take
one or more of the following actions:
(a)
Inspect and copy the records and documents referred to in section 7.2 of Schedule
“A” of this Agreement;
(b)
Remove any copies made pursuant to section 7.3(a) of Schedule “A” of this
Agreement from the Recipient’s premises; and
(c)
Conduct an audit or investigation of the Recipient in respect of the expenditure of the
Funds, the Project or both.
7.4
Disclosure. To assist in respect of the rights set out under section 7.3 of Schedule “A” of
this Agreement, the Recipient will disclose any information requested by the Province or
Canada, their authorized representatives or an independent auditor identified by the
Province or Canada and will do so in the form requested by the Province or Canada, their
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authorized representatives or an independent auditor identified by the Province or Canada,
as the case may be.
7.5
No Control Of Records. No provision of this Agreement will be construed so as to give the
Province or Canada any control whatsoever over the Recipient’s records.
7.6
Auditor General. For greater certainty, the Province and Canada’s rights under this Article
of the Agreement are in addition to any rights provided to the Auditor General.
ARTICLE 8
COMMUNICATIONS
8.1
Acknowledgement And Support. The Recipient will follow the Communications Protocol
set out under Schedule “E” of this Agreement.
ARTICLE 9
ADDITIONAL CONDITIONS
9.1
Additional Conditions. The Recipient will comply with any Additional Provisions set out
under section B.2 of Schedule “B” of this Agreement. In the event of a conflict or
inconsistency between any of the requirements of the Additional Conditions and any
requirements of this Schedule “A” of the Agreement, the Additional Conditions will prevail.
ARTICLE 10
ACCESS TO INFORMATION
10.1
Access To Information. The Recipient acknowledges that the Province is bound by the
FIPPA and that Canada is bound by the Access to Information Act (Canada).
10.2
Disclosure Of Information. Any information provided to the Province or Canada in
connection with the Project or otherwise in connection with this Agreement may be subject
to disclosure in accordance with FIPPA, the Access to Information Act (Canada) and any
other Requirements of Law.
ARTICLE 11
INDEMNITY
11.1
Indemnification. The Recipient hereby agrees to indemnify and hold harmless the
Indemnified Parties from and against any and all direct or indirect liability, loss, costs,
damages and expenses (including legal, expert and consultant fees), causes of action,
actions, claims, demands, lawsuits or other proceedings, including claims for infringement of
rights, by whomever made, sustained, incurred, brought or prosecuted, in any way arising
out of or in connection with the Project or otherwise in connection with this Agreement,
unless solely caused by the negligence or wilful misconduct of the Province or Canada, as
the case may be.
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11.2
Recipient’s Participation. The Recipient will, at its expense, to the extent requested by
the Province and/or Canada, participate in or conduct the defence of any proceeding
against any Indemnified Parties and any negotiations for their settlement.
11.3
Election. The Province and/or Canada may elect to participate in or conduct the defence of
any proceeding by providing Notice to the Recipient of such election without prejudice to
any other rights or remedies of the Province and/or Canada under this Agreement, at law or
in equity. Each Party participating in the defence will do so by actively participating with the
other’s counsel.
11.4
Settlement Authority. The Recipient will not enter into a settlement of any proceeding
against any Indemnified Parties unless the Recipient has obtained the prior written approval
of the Province and/or Canada. If the Recipient is requested by the Province and/or
Canada to participate in or conduct the defence of any proceeding, the Province and/or
Canada, as the case may be, will co-operate with and assist the Recipient to the fullest
extent possible in the proceeding and any related settlement negotiations.
11.5
Recipient’s Co-operation. If the Province and/or Canada conducts the defence of any
proceedings, the Recipient will co-operate with and assist the Province and/or Canada, to
the fullest extent possible in the proceedings and any related settlement negotiations.
ARTICLE 12
INSURANCE
12.1
Recipient’s Insurance. The Recipient represents and warrants that it has, and will
maintain until the Project Completion Date, at its own cost and expense, with insurers
having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and
appropriate insurance that a prudent person carrying out a project similar to the Project
would maintain, including commercial general liability insurance on an occurrence basis for
third party bodily injury, personal injury and property damage, to an inclusive limit of not less
than the amount set out under section B.1.9 of Schedule “B” of this Agreement per
occurrence. The policy will include the following:
(a)
The Indemnified Parties as additional insureds with respect to liability arising in the
course or performance of the Recipient’s obligations under, or otherwise in
connection with, the Project or this Agreement;
(b)
A cross-liability clause;
(c)
Contractual liability coverage; and
(d)
A thirty (30) day written notice of cancellation provision.
12.2
Proof Of Insurance. The Recipient will provide the Province with certificates of insurance,
or other proof as the Province may request within the time limit set out in the Notice, that
confirms the insurance coverage as required under section 12.1 of Schedule “A” of this
Agreement.
12.3
Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified
Parties with a right of “first call” or priority over any other person, including the Recipient, to
use or enjoy the benefits of the proceeds from the insurance policy required under this
section 12.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims,
demands, expenses, actions, causes of action and losses (including without limitation,
reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien
Act (Ontario) and for any and all liability, damages to property and injury to persons
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(including death) that may be brought against the Indemnified Parties as a result of this
Agreement.
ARTICLE 13
TERMINATION ON NOTICE
13.1
Termination On Notice. The Province may terminate this Agreement at any time without
liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient.
13.2
Consequences Of Termination On Notice By The Province. If the Province terminates
this Agreement pursuant to section 13.1 of Schedule “A” of this Agreement, the Province
may take one or more of the following actions:
(a)
Cancel any further installments of the Funds;
(b)
Demand the repayment of any Funds remaining in the possession or under the
control of the Recipient; and
(c)
Determine the reasonable costs for the Recipient to wind down the Project, and do
either or both of the following:
(i)
Permit the Recipient to offset such costs against the amount owing pursuant
to section 13.2(b) of Schedule “A” of this Agreement; and
(ii)
Subject to section 4.10 of Schedule “A” of this Agreement, provide Funds to
the Recipient to cover such costs.
ARTICLE 14
TERMINATION WHERE NO APPROPRIATION
14.1
Termination For Insufficient Funds. If, as provided for in sections 4.2(d) or 4.2(e) of
Schedule “A” of this Agreement, the Province does not receive the necessary appropriation
from the Ontario Legislature or from Canada for any payment the Province is to make
pursuant to this Agreement, the Province may terminate the Agreement immediately without
liability, penalty or costs by giving Notice to the Recipient.
14.2
Consequences Of Termination For Insufficient Funds. If the Province terminates this
Agreement pursuant to section 14.1 of Schedule “A” of this Agreement, the Province may
take one or more of the following actions:
(a)
(b)
control of the Recipient;
(c)
Demand the repayment of an amount equal to any Funds provided to the Recipient,
even though the Project is partially completed; and
(d)
Determine the reasonable costs for the Recipient to wind down the Project and
permit the Recipient to offset such costs against the amount owing pursuant to
section 14.2(b) of Schedule “A” of this Agreement.
14.3
No Additional Funds. For greater clarity, if the costs determined pursuant to section
14.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or
under the control of the Recipient, the Province will not provide additional Funds to the
Recipient.
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ARTICLE 15
EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT
15.1
Events Of Default. Each of the following events will constitute an Event of Default:
(a)
In the opinion of the Province, the Recipient breaches any representation, warranty,
covenant or other term of the Agreement, including failing to do any of the following
in accordance with the terms and conditions of this Agreement:
(i)
Carry out the Project;
(ii)
Use or spend the Funds; or
(iii)
Provide any and all Reports required under this Agreement;
(b)
The Recipient’s operations, or its organizational structure, changes such that it no
longer meets one or more of the eligibility requirements of the program under which
the Province provides the Funds;
(c)
The Recipient makes an assignment, proposal, compromise, or arrangement for the
benefit of creditors, or a creditor makes an application or an order adjudging the
Recipient bankrupt, or applies for the appointment of a receiver; or
(d)
The Recipient ceases to operate.
15.2
Consequences Of Events Of Default And Corrective Action. If an Event of Default
occurs, the Province may, at any time, take one or more of the following actions:
(a)
Initiate any action the Province considers necessary in order to facilitate the
successful continuation or completion of the Project;
(b)
Provide the Recipient with an opportunity to remedy the Event of Default;
(c)
Suspend the payment of Funds for such a period as the Province determines
appropriate;
(d)
Reduce the amount of Funds;
(e)
(f)
(g)
Demand the repayment of an amount equal to any Funds the Recipient used, but did
not use in accordance with the terms and conditions of this Agreement;
(h)
Demand the repayment of an amount equal to any Funds provided under this
Agreement to the Recipient, even though the Project is partially completed; and
(i)
Terminate this Agreement at any time, including immediately, without liability,
penalty or costs to the Province upon giving Notice to the Recipient.
15.3
Opportunity To Remedy. If, in accordance with section 15.2(b) of Schedule “A” of this
Agreement, the Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a)
The particulars of the Event of Default; and
(b)
The Notice Period.
15.4
Recipient Not Remedying. If the Province has provided the Recipient with an opportunity
to remedy the Event of Default pursuant to section 15.2(b) of Schedule “A” of this
Agreement, and;
(a)
The Recipient does not remedy the Event of Default within the Notice Period;
(b)
It becomes apparent to the Province that the Recipient cannot completely remedy
the Event of Default within the Notice Period; or
(c)
The Recipient is not proceeding to remedy the Event of Default in a way that is
satisfactory to the Province,
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the Province may extend the Notice Period, or initiate any one or more of the actions
provided for in sections 15.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this
Agreement.
15.5
When Termination Effective. Termination under this Article 15 of Schedule “A” of this
Agreement will take effect as set out in the Notice.
ARTICLE 16
FUNDS AT THE END OF A FUNDING YEAR
16.1
Funds At The End Of A Funding Year. Without limiting any rights of the Province under
Article 15 of Schedule “A” of this Agreement, if the Recipient has not spent all of the Funds
allocated for the Funding Year, the Province may take one or both of the following actions:
(a)
Demand the return of the unspent Funds; and
(b)
Adjust the amount of any further installments of Funds accordingly.
ARTICLE 17
FUNDS UPON EXPIRY
17.1
Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the
Province any Funds remaining in its possession or under its control.
ARTICLE 18
REPAYMENT
18.1
Repayment Of Overpayment. If at any time during the Term of this Agreement the
Province provides Funds in excess of the amount to which the Recipient is eligible to
receive under this Agreement, the Province may:
(a)
Deduct an amount equal to the excess Funds from any further installments of the
Funds; or
(b)
Demand that the Recipient pay an amount equal to the excess Funds to the
Province.
18.2
Debt Due. If, pursuant to this Agreement:
(a)
The Province demands the payment of any Funds or an amount equal to any Funds
from the Recipient; or
(b)
The Recipient owes any Funds or an amount equal to any Funds to the Province,
whether or not their return or repayment has been demanded by the Province, such
Funds or other amount will be deemed to be a debt due and owing to the Province
by the Recipient and the Recipient will pay or return the amount to the Province
immediately, unless the Province directs otherwise. For greater clarity, in the event
that the Recipient makes an assignment, proposal, compromise or arrangement for
the benefit of creditors or a creditor makes an application for an order adjudging the
Recipient bankrupt or applies for the appointment of a receiver, this section will not
affect any Funds that the Recipient is holding in trust for the Province under section
4.7 of Schedule “A” of this Agreement.
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18.3
Interest Rate. The Province may charge the Recipient interest on any money owing by the
Recipient at the then current interest rate charged by the Province of Ontario on accounts
receivable.
18.4
Payment Of Money To Province. The Recipient will pay any money owing to the Province
by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the
address referred to in section 19.1 of Schedule “A” of this Agreement.
18.5
Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does
not repay any amount owing under this Agreement, Her Majesty the Queen in Right of
Ontario may deduct any unpaid amount from any money payable to the Recipient by Her
Majesty the Queen in Right of Ontario.
ARTICLE 19
NOTICE
19.1
Notice In Writing And Addressed. Notice will be in writing and will be delivered by email,
postage-paid mail, personal delivery or fax and will be addressed to the Province and the
Recipient respectively as set out in section B.1.10 of Schedule “B” of this Agreement or as
either Party later designates to the other by Notice.
19.2
Notice Given. Notice will be deemed to have been given:
(a)
In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or
(b)
In the case of email, personal delivery or fax, one (1) Business Day after the Notice
is delivered.
19.3
Postal Disruption. Despite section 19.2(a) of Schedule “A” of this Agreement, in the event
of a postal disruption,
(a)
Notice to the Province by postage-prepaid mail will not be deemed to be received;
and
(b)
The Province will provide Notice by email, personal delivery or fax.
ARTICLE 20
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
20.1
Consent. When the Province provides its consent pursuant to this Agreement, that consent
will not be considered valid unless that consent is in writing and the person providing that
consent indicates in the consent that that person has the specific authority to provide that
consent. The Province may also impose any terms and conditions on such consent and the
Recipient will comply with such terms and conditions.
ARTICLE 21
SEVERABILITY OF PROVISIONS
21.1
Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any
provision in this Agreement will not affect the validity or enforceability of any other provision
of this Agreement. Any invalid or unenforceable provision will be deemed to be severed.
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ARTICLE 22
WAIVER
22.1
Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement
that Party may only rely on a waiver of the other Party if the other Party has provided a
written waiver in accordance with the Notice provisions in Article 19 of Schedule “A” of this
Agreement. Any waiver must refer to a specific failure to comply and will not have the effect
of waiving any subsequent failures to comply. For greater clarity, where the Province
chooses to waive a term or condition of this Agreement, such waiver will only be binding if
provided by a person who indicates in writing that he or she has the specific authority to
provide such a waiver.
ARTICLE 23
INDEPENDENT PARTIES
23.1
Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint
venturer, partner or employee of the Province and the Recipient will not represent itself in
any way that might be taken by a reasonable person to suggest that it is or take any actions
that could establish or imply such a relationship.
ARTICLE 24
ASSIGNMENT OF AGREEMENT OR FUNDS
24.1
No Assignment. The Recipient will not, without the prior written consent of the Province,
assign any of its rights or obligations under this Agreement.
24.2
Agreement Binding. All rights and obligations contained in this Agreement will extend to
and be binding on the Parties’ respective heirs, executors, administrators, successors and
permitted assigns.
ARTICLE 25
GOVERNING LAW
25.1
Governing Law. This Agreement and the rights, obligations and relations of the Parties will
be governed by and construed in accordance with the laws of the Province of Ontario and
the applicable federal laws of Canada. Any actions or proceedings arising in connection
with this Agreement will be conducted in the Courts of Ontario, which will have exclusive
jurisdiction over such proceedings.
ARTICLE 26
FURTHER ASSURANCES
26.1
Agreement Into Effect. The Recipient will provide such further assurances as the Province
may request from time to time with respect to any matter to which the Agreement pertains
and will otherwise do or cause to be done all acts or things necessary to implement and
carry into effect the terms and conditions of this Agreement to their full extent.
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ARTICLE 27
JOINT AND SEVERAL LIABILITY
27.1
Joint And Several Liability. Where the Recipient is comprised of more than one entity, all
such entities will be jointly and severally liable to the Province for the fulfillment of the
obligations of the Recipient under this Agreement.
ARTICLE 28
RIGHTS AND REMEDIES CUMULATIVE
28.1
Rights And Remedies Cumulative. The rights and remedies of the Province under this
Agreement are cumulative and are in addition to, and not in substitution of, any of its rights
and remedies provided by law or in equity.
ARTICLE 29
ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES
29.1
Recipient Acknowledges. The Recipient acknowledges:
(a)
It is receiving Funds from the Province and Canada for the Project and is not
providing goods or services to the Province or Canada;
(b)
That by receiving Funds it may become subject to legislation applicable to
organizations that received funding from the Government of Ontario, including the
BPSAA, the PSSDA and the Auditor General Act (Ontario);
(c)
That the Province has issued expenses, perquisites and procurement directives and
guidelines pursuant to the BPSAA; and
(c)
It will comply with any such legislation, including directives issued thereunder, to the
extent applicable.
ARTICLE 30
JOINT AUTHORSHIP
30.1
Joint Authorship Of Agreement. The Parties will be considered joint authors of this
Agreement and no provision herein will be interpreted against one Party by the other Party
because of authorship. No Party will seek to avoid a provision herein because of its
authorship through recourse to a third party, court, tribunal or arbitrator.
ARTICLE 31
FAILURE TO COMPLY WITH OTHER AGREEMENTS
31.1
Other Agreements. If the Recipient:
(a)
Has committed a Failure;
(b)
Has been provided with notice of such Failure in accordance with the requirements
of such other agreement;
(c)
Has, if applicable, failed to rectify such Failure in accordance with the requirements
of such other agreement; and
(d)
Such Failure is continuing,
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the Province may suspend the payment of Funds under this Agreement without liability,
penalty or costs for such period as the Province determines appropriate.
ARTICLE 32
SURVIVAL
32.1
Survival. The provisions of this Agreement that by their nature survive the expiration or
early termination of this Agreement will so survive for a period of seven (7) years from the
date of expiry or termination. Without limiting the generality of the foregoing, the following
Articles and sections, and all applicable cross-referenced sections, schedules and
appendices will continue in full force and effect for a period of seven (7) years from the date
of expiry or termination: Article 1 and any other applicable definitions, sections 4.2 and 4.8,
section 7.1 (to the extent that the Recipient has not provided the Reports to the satisfaction
of the Province, sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8, Article 11, sections 13.2 and 13.3,
sections 14.2 and 14.3, sections 15.1, 15.2(d), (e), (f), (g) and (h), Article 17, Article 18,
Article 19, Article 21, section 24.2, Article 25, Article 27, Article 28, Article 29, Article 30 and
Article 31.
[Rest Of Page Intentionally Left Blank – Schedule “B” Follows]
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SCHEDULE “B”
OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND
CONDITIONS
B.1 – OPERATIONAL REQUIREMENTS
B.1.1 Effective Date. The Effective Date of this Agreement is the date in which the Province
signs the Agreement.
B.1.2 Expiration Date. The Expiration Date of this Agreement is December 31, 2023.
B.1.3 Project Approval Date. The Project Approval Date is June 19, 2015.
B.1.4 Project Completion Date. The Project Completion Date is March 31, 2020.
B.1.5 Disposal Of Assets. There is no disposal of asset amount requirement for the purposes of
section 5.4 of Schedule “A” of this Agreement.
B.1.6 Asset Retention Period. The Recipient will not sell, lease or otherwise directly or indirectly
dispose of any Asset, other than to Canada, the Province or a Local Government (defined to
mean a “municipality”, as defined in the Municipal Act, 2001 (Ontario) and includes a local
board of a municipality and a board, commission or other local authority constituted
pursuant to provincial legislation whose purpose is to manage municipal affairs or the affairs
of areas without municipal organization) for a period of five (5) years from the Project
Completion Date.
B.1.7 Asset Retention Repayment Requirement. The Province may demand the Recipient
repay to the Province an amount up to the Maximum Funds provided under this Agreement
where the Recipient fails to retain the Asset for the amount of time set out under section
B.1.6 of Schedule “B” of the Agreement. Where the Province makes a demand pursuant to
this section 1.7 of Schedule “B” of the Agreement, the Recipient will pay to the Province the
demanded amount within the time period set out in the Notice.
B.1.8 Submission Of Reports. All Reports under this Agreement will be submitted to:
Name: Rural Programs Branch, Ministry of Agriculture, Food and Rural Affairs
Address: 1 Stone Road West, 4NW, Guelph, ON N1G 4Y2
Attention: Program Manager, SCF
Fax: 519-826-3398
Email: [email protected]
or any other person identified by the Province in writing.
B.1.9 Insurance Amount. The amount of insurance the Recipient will have for the purposes of
section 12.1 of Schedule “A” of this Agreement is two million dollars ($2,000,000.00).
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B.1.10 Providing Notice. All Notices under this Agreement will be provided to:
TO THE PROVINCE
TO THE RECIPIENT
Subject Line:
SCF-0212 Notice Under Agreement
Name: Municipality of Trent Hills
Address:
66 Front Street South, PO Box 1030
Campbellford, ON
K0L 1L0
Attention:Shelley Stedall
Fax: (705) 653-5203
or any other person identified by the Parties in writing through a Notice.
B.2 – ADDITIONAL CONDITIONS
B.2.1 Aboriginal Consultation. The Province and the Recipient agree to the following:
(a)
The provision of Funds under this Agreement is strictly conditional upon the
Province satisfying any obligations that it may have with and, if required,
accommodate any Aboriginal Group with an interest in the Project;
(b)
The Recipient will act as the Province’s delegate for any procedural aspects of any
consultation obligations that the Province may have with any Aboriginal Group in
relation to the Project;
(c)
The Recipient’s obligations as the Province’s delegate will include:
(i)
Following the process set out under the Appendix to this Schedule “B” of the
Agreement as it relates to consulting with any Aboriginal Group that may
have an interest in the Project,
(ii)
Taking directions from the Province in relation to consulting with any
Aboriginal Group with an interest in the Project as well as any other
directions the Province may issue in relation to consultations, including
suspending or terminating the Project, and
(iii)
Providing a detailed description of any actions the Recipient took in relation
to consultation with any Aboriginal Group that has an interest in the Project;
and
(d)
The Recipient will not commence or allow any third party to commence construction
on any aspect of the Project for forty-five (45) Business Days, or such other time as
the Province may direct, after it has provided the Province with written evidence that
the Recipient has sent a notice about the Project to the Aboriginal Groups the
Province has identified in accordance with the Appendix to this Schedule “B” of the
Agreement
B.2.2 Limit On Federal Funding. Despite anything else contained in this Agreement, the
aggregate of all funding originating from Canada for the Project will not exceed thirty-three
percent (33%) of the total Eligible Costs for the Project.
[Rest Of Page Intentionally Left Blank – Appendix To Schedule “B” Follows]
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APPENDIX TO SCHEDULE “B”
ABORIGINAL CONSULTATION REQUIREMENTS
B.1 – PURPOSE AND DEFINITIONS
B.1.1 Purpose. This Appendix sets out the responsibilities of the Province and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects
of consultation from the Province to the Recipient.
B.1.2 Definitions. For the purposes of this Schedule:
“Section 35 Duty” means any duty that the Province may have to consult and, if required,
accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the
Constitution Act, 1982.
B.2 – RESPONSIBILITIES OF THE PROVINCE
B.2.1 The Province’s Responsibilities. The Province is responsible for:
(a)
Determining the Aboriginal Groups to be consulted in relation to the Project, if any,
and advising the Recipient of same;
(b)
The preliminary and ongoing assessment of the depth of consultation required with
the Aboriginal Groups;
(c)
Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d)
Directing the Recipient to take such actions, including without limitation suspension
as well as termination of the Project, as the Province may require;
(e)
Satisfying itself, where it is necessary to do so, that the consultation process in
relation to the Project has been adequate and the Recipient is in compliance with
this Schedule; and
(f)
Satisfying itself, where any Aboriginal or treaty rights and asserted rights of
Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately
accommodated in relation to the Project.
B.3 – RESPONSIBILITIES OF THE RECIPIENT
B.3.1 Recipient’s Responsibilities. The Recipient is responsible for:
(a)
Giving notice to the Aboriginal Groups regarding the Project as directed by the
Province, if such notice has not already been given by the Recipient or the Province;
(b)
Immediately notifying the Province of contact by any Aboriginal Groups regarding
the Project and advising of the details of the same;
(c)
Informing the Aboriginal Groups about the Project and providing to the Aboriginal
Groups a full description of the Project unless such description has been previously
provided to them;
(d)
Following up with the Aboriginal Groups in an appropriate manner to ensure that
Aboriginal Groups are aware of the opportunity to express comments and concerns
about the Project, including any concerns regarding adverse impacts on hunting,
trapping, fishing, plant harvesting or on burial grounds or archaeological sites of
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(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
cultural significance to the Aboriginal Groups, and immediately advising the Province
of the details of the same;
Informing the Aboriginal Groups of the regulatory and approval processes that apply
to the Project of which the Recipient is aware after reasonable inquiry;
Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested
parties for environmental assessment and other purposes and providing to the
Aboriginal Groups all notices and communications that the Recipient provides to
interested parties and any notice of completion;
Making all reasonable efforts to build a positive relationship with the Aboriginal
Groups in relation to the Project;
Providing the Aboriginal Groups with reasonable opportunities to meet with
appropriate representatives of the Recipient and meeting with the Aboriginal Groups
to discuss the Project, if requested;
If appropriate, providing reasonable financial assistance to Aboriginal Groups to
permit effective participation in consultation processes for the Project, but only after
consulting with the Province;
Considering comments provided by the Aboriginal Groups regarding the potential
impacts of the Project on Aboriginal or treaty rights or asserted rights, including
adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds
or archaeological sites of cultural significance to an Aboriginal Group, or on other
interests, or any other concerns or issues regarding the Project;
Answering any reasonable questions to the extent of the Recipient’s ability and
receiving comments from the Aboriginal Groups, notifying the Province of the nature
of the questions or comments received and maintaining a chart showing the issues
raised by the Aboriginal Groups and any responses the Recipient has provided;
Where an Aboriginal Group asks questions regarding the Project directly of the
Province, providing the Province with the information reasonably necessary to
answer the inquiry, upon the Province’s request;
Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal
Groups potential accommodation, including mitigation of potential impacts on
Aboriginal or treaty rights, asserted rights or associated interests regarding the
Project and reporting to the Province any comments or questions from the Aboriginal
Groups that relate to potential accommodation or mitigation of potential impacts;
Consulting regularly with the Province during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to the Province
the results of such discussions prior to implementing any applicable accommodation
measures;
Complying with the Province’s direction to take any actions, including without
limitation, suspension or termination of the Project, as the Province may require; and
Providing in any Contracts for the Recipient’s right and ability to respond to direction
from the Province as the Province may provide.
B.3.2 Acknowledgement By Recipient.
The Recipient hereby acknowledges that,
notwithstanding anything contained in this Agreement, the Province, any provincial ministry
having an approval role in relation to the Project, or any responsible regulatory body, official,
or provincial decision-maker, may participate in the matters and processes enumerated
therein as they deem necessary.
B.3.3 Recipient Will Keep Records And Share Information. The Recipient will carry out the
following functions in relation to record keeping, information sharing and reporting to
Ontario:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Provide to the Province, upon request, complete and accurate copies of all
documents provided to the Aboriginal Groups in relation to the Project;
Keep reasonable business records of all its activities in relation to consultation and
provide the Province with complete and accurate copies of such records upon
request;
Provide the Province with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the Project;
Immediately notify the Province of any contact by any Aboriginal Groups regarding
the Project and provide copies to the Province of any documentation received from
Aboriginal Groups;
Advise the Province in a timely manner of any potential adverse impact of the
Project on Aboriginal or treaty rights or asserted rights of which it becomes aware;
Immediately notify the Province if any Aboriginal archaeological resources are
discovered in the course of the Project;
Provide the Province with summary reports or briefings on all of its activities in
relation to consultation with Aboriginal Groups, as may be requested by the
Province; and
If applicable, advise the Province if the Recipient and an Aboriginal Group propose
to enter into an agreement directed at mitigating or compensating for any impacts of
the Project on Aboriginal or treaty rights or asserted rights.
B.3.4 Recipient Will Assist The Province. The Recipient will, upon request lend assistance to
the Province by filing records and other appropriate evidence of the activities undertaken
both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to
the Project, attending any regulatory or other hearings, and making both written and oral
submissions, as appropriate, regarding the fulfillment of Aboriginal consultation
responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial
decision-makers.
B.4 – NO IMPLICIT ACKNOWLEDGEMENT
B.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule will be
construed as an admission, acknowledgment, agreement or concession by the Province or
the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any
responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory
aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation
referred to in section B.2.1 hereof is an aspect of the Section 35 Duty that could not have
lawfully been delegated to the Recipient had the Parties so agreed.
B.5 – GENERAL
B.5.1 No Substitution. This Schedule will be construed consistently with but does not substitute
for any requirements or procedures in relation to Aboriginal consultation or the Section 35
Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker
acting pursuant to laws and regulations. Such decision-makers may have additional
obligations or requirements. Nonetheless, the intent of the Province is to promote
coordination among provincial ministries, boards and agencies with roles in consulting with
Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled
efficiently and in a manner that avoids, to the extent possible, duplication of effort by
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Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies
and other regulatory decision-makers.
B.6 – NOTICE AND CONTACT
B.6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Appendix
will be in writing and will be sent to the person identified under section B.1.8 of Schedule “B”
of this Agreement.
[Rest Of Page Intentionally Left Blank – Schedule “C” Follows]
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SCHEDULE “C”
PROJECT DESCRIPTION
C.1 – PROJECT DESCRIPTION
The project is for upgrades to the Campbellford Potable Water Supply and Distribution System. The
work includes construction of a new below-grade storage at the water treatment plant and a new
high lift pumping station.
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SCHEDULE “D”
PROJECT FINANCIAL INFORMATION
D.1 – FUNDING INFORMATION
D.1.1 Maximum Funds. The Maximum Funds that may be provided by the Province and Canada
under this Agreement is up to Three Million, Two Hundred Thirty-Five Thousand, Nine
Hundred Sixty-Eight Dollars ($3,235,968.00). This amount consists of the following:
Ontario’s Maximum Contribution
Canada’s Maximum Contribution
$1,617,984.00
$1,617,984.00
Maximum Funds are calculated based on the
Project’s approved Total Eligible Costs
$4,853,952.00
Percentage of Program Support
The Percentage of Program Support is fixed at 33% for the Term of the Agreement.
The percentage noted above is rounded to a whole number. Note that for payment
purposes the percentage is calculated to 10 decimal places and is based on the Maximum
Funds against the Project’s Total Eligible Costs as provided above.
D.1.2 Holdback. There will be a Holdback of ten percent (10%) of the Maximum Funds. The
Holdback will be released upon submission and approval of all required Project
documentation.
D.2 – RECIPIENT’S FUNDING INFORMATION
D.2.1 Project Investment Commitment. The Recipient’s Project Investment Commitment must
be a minimum of ten (10) percent of the final calculated eligible Project costs as noted in the
Final Report.
D.3 – ELIGIBLE COSTS
D.3.1 Eligible Costs. Eligible Costs are those costs that are, in the Province’s sole and absolute
discretion, properly and reasonably incurred, as well as paid or reimbursed by the Recipient, and
are necessary for the successful completion of the Project. For greater clarity, and subject to
section D.5.1 of this Schedule “D” of the Agreement, Eligible Costs are those that are set out
immediately in this section D..3.1 of the Schedule “D” of the Agreement:
(a)
Costs incurred on or after the Project Approval Date and on or before the Project
Completion Date;
(b)
The capital costs for acquiring, constructing, renewing, rehabilitating, materially
enhancing or renovating an Asset;
(c)
Costs directly associated with joint communication activities that are set out in
section E.6 of Schedule “E” of this Agreement with the Province and Canada.
(d)
The costs of Project-related signage, lighting, Project markings and associated utility
adjustments;
(e)
Up to fifteen percent (15%) of the Maximum Funds may be spent on planning,
including plans and specifications, and assessment costs, such as costs associated
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(f)
(g)
(h)
(i)
(j)
with environmental planning, surveying, engineering, architectural supervision,
testing and management consulting services;
Costs for consulting with Aboriginal Groups, provided those costs do not include
accommodation costs and legal costs;
Auditing costs;
The incremental costs for the Recipient’s employees or leasing of equipment for the
Project, provided the Recipient meets the following conditions:
i.
It was not economically feasible to tender a Contract,
ii.
The employee or equipment is directly engaged in the work that would have
been the subject of a Contract, and
iii.
The province has approved the arrangement beforehand;
The costs for leasing/renting equipment directly related to the construction of the
Project; and
Other costs that are, in the Province’s sole and absolute discretion, direct,
incremental and necessary for the successful completion of the Project, provided
those costs have been approved by the Province in writing prior to being incurred.
D.4 – INELIGIBLE COSTS
D.4.1 Ineligible Costs. The following costs are Ineligible Costs under this Agreement:
(a)
Costs incurred prior to the Project Approval Date;
(b)
Costs incurred after the Project Completion Date;
(c)
Costs that have not been claimed for reimbursement by March 31 of the Funding
Year following the Funding Year in which the costs were incurred;
(d)
Costs associated with developing an application, business case or funding proposal
to receive funding under the SCF;
(e)
Costs related to the purchasing of land, buildings and associated real estate as well
as all related fees associated with the purchasing of land, buildings and associated
real estate;
(f)
Financing charges and interest payments on loans;
(g)
The costs for leasing land, buildings and other facilities;
(h)
Except as specified in section D.3.1(i) of this Schedule “D” of the Agreement, the
costs of leasing equipment;
(i)
Furnishings and non-fixed Assets which are not essential to complete the Project;
(j)
General repairs and maintenance of the Project and related structures, unless they
are part of a larger capital expansion;
(k)
Costs of services or works normally provided by the Recipient, incurred in the course
of implementation of the Project, unless they have been specifically set out as being
an Eligible Cost under section D.3.1 of this Schedule “D” of the Agreement;
(l)
Costs related to any goods and services which are received through donations or in
kind;
(m)
Any overhead costs ordinarily incurred, including salaries, per diems and associated
benefits of any employees of the Recipient, direct or indirect operating or
administrative expenditures of the Recipient, and more specifically costs related to
planning, engineering, architecture, supervision, management and other activities
normally carried out by employees of the Recipient, unless those costs are in
accordance with section D.3.1(e) and (h) of this Schedule “D” of the Agreement;
(n)
Taxes for which the Recipient is eligible to receive a tax rebate;
(o)
Any other costs in which the Recipient is able to claim any type of rebate or refund,
irrespective of whether the Recipient makes a claim;
(p)
Legal fees;
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(q)
(r)
Any amount of costs in which the Recipient is eligible to receive or will receive
funding from the Province under another agreement; and
Without limiting the foregoing, any other costs that are not specifically set out as
Eligible Costs under section D.3.1 of this Schedule “D” of the Agreement or the
Province did not approve in writing prior to the Recipient incurring and paying those
costs
Without limiting the foregoing, neither the Recipient nor any person providing goods,
services or both for the Project will obtain those goods, services or both from another
person that is not Arm’s Length from the Recipient or the person providing the goods,
services or both for the Project without the Province’s prior written approval. The
Province may impose terms and conditions on any written approval it provides,
including:
(a)
Whether the costs can include any mark-up for profit, overhead or return on
investment;
(b)
The value that can be included in the costs associated with a mark-up for
profit, overhead or return on investment based on the following:
(i)
Up to thirty percent (30%) of the total costs submitted can be attributable
to profit charged for the goods, services or both,
(ii)
to overheard charged for the goods, services or both,
(iii) Up to ten percent (10%) of the total costs submitted can be attributable
to return on investment for the goods, services or both, and any costs
for profit, overhead or return on investment that are greater than what
the Province approved will be deemed to be an Ineligible Cost under
the Agreement; and
(c)
Any special auditing requirements in addition to the auditing rights the Province
already has under this Agreement to allow the Province to satisfy itself as to
the validity of any costs incurred by the Recipient or any person providing
goods, services or both for the Project from another person that is not Arm’s
Length from the Recipient or the person providing the goods, services or both
for the Project.
D.5 – PAYMENT OF FUNDS
D.5.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province
will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Costs,
up to the Maximum Funds based on a calculation of the Province and Canada’s approved
funding percentages (Maximum Funds divided by the total approved Eligible Costs) and the
total Eligible Costs of the claim as determined by the Province.
D.5.2 Submission Of Claims. The Recipient will submit claims for payment to the Province on a
regular basis ensuring compliance with D.4.1(c). Copies of paid invoices must be included
with the Claims Report set out under Schedule “F” of this Agreement.
D.5.3 Claim Reimbursement. Claims will be reimbursed to the Recipient based on the
Percentage of Program Support up to ninety (90) percent of the project costs. The
remaining holdback percentage will be reimbursed as per D.1.2.
[Rest Of Page Intentionally Left Blank – Schedule “E” Follows]
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SCHEDULE “E”
COMMUNICATIONS PROTOCOL
E.1
PURPOSE OF SCHEDULE
E.1.1 Purpose Of Schedule. This Schedule describes the Recipient’s responsibilities and
financial obligations in the joint communications activities and products for the Project to
recognize the contribution of Funds toward the Project by the Province and Canada.
E.2
GENERAL PRINCIPLES OF SCHEDULE
E.2.1 General Principles. The Recipient acknowledges and agrees that it will work with both the
Province and Canada to undertake communication activities for the Project in an open,
effective and proactive manner, ensuring equal recognition of those that provided a financial
contribution toward the Project. These general principles include the following:
(a)
All financial contributors to the Project will receive equal recognition and prominence
when logos, symbols, flags and other types of identification are incorporated into
events, signs and plaques for the Project, unless the Province and Canada specify
otherwise;
(b)
All events, signs and plaques will follow this Schedule and any other requirements
that the Province or Canada may specify from time to time;
(c)
Both official languages will be used for public information, signs and plaques in
accordance with the Official Languages Act (Canada); and
(d)
The Recipient:
(i)
May produce information kits, brochures, public reports and Internet sites
providing information about the Project and the Agreement for private-sector
interest groups, contractors and members of the Public,
(ii)
Will consult with the Province and Canada in preparing the content and look
of all such materials, and
(iii)
Will get the Province and Canada’s approval for any references to the
Province or Canada before said references are made.
E.3
EVENTS
E.3.1 Events. The Recipient:
(a)
Agrees that all Project-related milestone events, such as groundbreaking and
ribbon-cutting ceremonies, will be organized in cooperation with the Province and
Canada;
(b)
Will coordinate a mutually agreeable venue, date and time for the event in light of
the Province and Canada’s availability and under no circumstances will an event
take place without fifteen (15) Business Days’ notice to the Province and Canada;
(c)
May invite other elected officials as well as other local interested persons, such as
contractors, architects, labour groups and community leaders, provided the
Recipient consults with the Province and Canada before inviting those persons; and
(d)
Will ensure that federal, provincial and municipal flags are on display at any event
for the Project.
E.3.2 Written Communications For Events. All written communications, such as public service
announcements and posters, will indicate that the Project received Funds from the Province
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and Canada under the Building Canada Fund – Small Communities Fund. The Province
and Canada will assist the Recipient in developing written communications for any event.
The Recipient, the Province and Canada will approve of all final copies of any written
communications for events.
E.4
SIGNS
E.4.1 Installation Of Signs. The Recipient will produce via a party acting at Arm’s Length in
order for the production of the sign to be an Eligible Cost and install temporary and
permanent signage for the Project to communicate the nature of the Project and the
involvement of the Province and Canada. The Recipient will ensure that the design,
wording and specifications for signs are in accordance with the Province and Canada’s
visual identity guidelines. The Recipient will ensure that temporary signage is installed at the
Project site(s) thirty (30) days prior to the start of construction and be visible for the duration
of the Project. E.4.2 Removal Of Signs. The Recipient will remove temporary signs within ninety (90) days of
the Project’s Substantial Completion.
E.4.3 Costs Of Signs. The maximum costs for signs will be:
(a)
Two thousand two hundred fifty dollars ($2,250.00) for small signs; and
(b)
Four thousand two hundred fifty dollars ($4,250.00) for large signs.
E.5
PLAQUES
E.5.1 Installation Of Plaque. The Recipient may produce and install a plaque for the Project to
communicate the nature of the Project and the involvement of the Province and Canada.
The Recipient will ensure that the design, wording and specifications of the plaque are in
accordance with the Province and Canada’s visual identity guidelines.
E.5.2 Costs Of Plaques. The maximum cost for a plaque is two thousand five hundred dollars
($2,500.00).
E.6
ELIGIBLE COSTS FOR COMMUNICATIONS ACTIVITIES
E.6.1 Eligible Costs Related To Communications Activities. The Recipient will pay the costs
of preparing and delivering joint communications activities and products (e.g. press
releases, press conferences, translation, etc.), including the organization of special events
and the production of signage. In addition to the costs set out for signs under section E.4.3
of this Schedule “E” of the Agreement and the costs set out for plaques under section E.5.2
of this Schedule “E” of the Agreement, the following communications costs are Eligible
Costs for the purposes of this Agreement:
(a)
Printing and mailing invitations;
(b)
Light refreshments, such as coffee, tea, juice, donuts and muffins;
(c)
Draping for plaque unveiling;
(d)
Project material for display and/or media kit; and
(e)
Rentals, such as flagpoles, stage, chairs, podium and public announcement system.
The costs of certain items, such as alcohol, china, tents, waiters, guest mileage or
transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not
Eligible Costs.
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SCHEDULE “F”
REPORTING REQUIREMENTS
F.1
Reporting Requirements.
The following Reports will be provided in full in the
corresponding formatted provided hereafter and with such content as is satisfactory to the
Province:
1.
NAME OF REPORT
Initial Project Report
2.
Claim Report
3.
Progress Report
4.
Final Report (including the Solemn Declaration
of Substantial Completion)
5.
Other Reports
DUE DATE
Within five (5) Business Days of when
the Recipient signs the Agreement.
In order to avoid invoices being deemed
ineligible due to age (Section D.4.1(c)),
claims will be submitted at least twice a
year.
NOTE:
Costs that have not been
claimed for reimbursement by March 31
of the Funding Year following the
Funding Year in which the costs were
incurred will be deemed ineligible.
May 15 and October 15 of each calendar
year from the Effective Date until the
Project Completion Date.
Within sixty (60) Business Days of when:
 The Project construction is
Substantially Completed; or
 The Project Completion Date.
On or before the date the Province
directs.
[Rest Of Page Intentionally Left Blank – Section F.2 Of Schedule “F” Follows]
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F.2 – INITIAL PROJECT REPORT
New Building Canada Fund – Small Communities Fund INITIAL PROJECT REPORT Name of Recipient Name of Project Project Number Events Forecasted Date Start Date of Project First Construction Tender Awarded Start Date of Construction End Date of Construction End Date of Project Expenditure Forecast Table
The purpose of this table is to show the total eligible costs that have been incurred from the start of the Project until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015 – March 31, 2016) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter
Q1 (April – June)
Q2 (July –
September)
Q3 (October –
December)
Q4 (January –
March)
Total by
Fiscal Year
2015/16 2016/17 2017/18 2018/19 2019/20 Total Eligible Costs (Less HST Rebate)
NOTES: 1. Expenditures are only considered eligible after the Project Approval Date. 2. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). Page 34 of 46
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3.
Please only include Net Eligible Expenditures ‐‐ total eligible costs less HST rebate. Enter the total Eligible Costs expected to be incurred up to when the Project is complete, rather than reporting requested financial assistance (i.e., senior government's share of costs). Expenditure forecasts should not exceed total eligible costs as identified in Schedule D of the Agreement. If the Project cannot be completed within the specified timeframes, please contact the Province. 4.
5.
Funding Sources – List the source(s), and amount from that source, that represents your portion of the project
Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Amount ($) Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.)
Click here to enter funding source. $ Enter dollars.
NOTE: As per Schedule B of the Agreement, for most Recipients all federal funding sources (including SCF funding) cannot exceed one‐third (33.33%) of the total eligible costs of the project. For all public‐private partnerships or for‐
profit private sector bodies, all federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the total eligible costs. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including, but not limited to, commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. Page 35 of 46
F.3 – CLAIMS REPORT
New Building Canada Fund - Small Communities Fund (BCF-SCF) Claim and Progress Statement
Nouveau Fonds Chantiers Canada-Fonds des petites collectivités (NFCC-FPC): Demande et compte rendu des progrès
Part 1 - Project Information / Partie 1 - Renseignements sur le projet
Part 3 - Claim Information / Partie 3 - Renseignements au sujet de la demande
Project # / No de projet
Recipient / Bénéficiaire
Project Claim # /
No de la demande de remboursement pour le projet
Final Claim (Yes/No) /
Demande finale (Oui/Non)
Period Covered by this Claim / Période visée par la demande
From / De
Project Name / Nom du
Project Start Date / Date de début du projet
To / À
Project End Date / Date de fin du projet
Part 4 - Progress Update / Partie 4 - Compte rendu des progrès
Estimated % of Project Completion /
Estimation du pourcentage des travaux réalisés
Part 2 - Authorized Official / Partie 2 Responsable autorisé(e)
Name / Nom
Please attach a separate memo if more space is required (Max 300 characters).
Annexer une note s'il faut plus d'espace (pas plus de 300 caractères).
Description of activities during this period / Description des activités pendant cette période
Telephone # / No de téléphone
Title /Titre
I certify the costs are eligible costs and they are in compliance w ith the provincial legal agreement. / FAX # / No de télécopieur
J'atteste que les dépenses déclarés sont des dépendes admissibles et conformes à l'entente de
financement.
Description of communications requirement fulfillment for this period / Description des besoins en matière de communication durant cette période
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E-mail / Adresse électronique
Issues / Points à souligner
Signature / Signature
By inserting a name in the signature area above, you are attesting to the certification noted / En insérant votre nom dans le champ de
signature ci-dessus, vous attestez de l’exactitude des renseignements indiqués.
Part 5 - New Invoices / Partie 5 - Nouvelles factures
Work Description / Description des travaux
Period of Invoices / Période visée par la facture
Invoice # /
No de facture
Invoice Date /
Date de la facture
From / De
To / À
Vendor Name / Nom du fournisseur
example
03/15/2009
03/01/2009
03/15/2009
name on invoice/nom sur la facture
(A . Engineering/Génie; Design/Co nceptio n; Enviro nmental
A ssessment/Évaluatio n enviro nnemental; P ro ject
M anagement/Gestio n de pro jet; B . Co nstructio n/Co nstructio n; C.
M aterials/M atériaux D. Leasing o f Equipment/Leasing d’ équipement;
E. Co mmunicatio n M aterials/M atériaux de co mmunicatio n;
F. M iscellaneo us/Divers.)
A
design of water treatment plant for XYZ Plant /
conception de la station de traitement XYZ
Invoice Amount /
Montant de la facture
total of invoice /
total de la facture
Total
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HST Rebate /
Remboursement de la
TVH
HST rebate amount/
montant du
remboursement
Net Claim Amount /
Montant net demandé
total less HST rebate /
montant moins la TVH
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
Paid (Yes/No) /
Payé (Oui/Non)
Cheque # /
No de chèque
yes/oui
B105
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F.4 – PROGRESS REPORT
New Building Canada Fund – Small Communities Fund PROGRESS REPORT This report is due twice a year on May 15 and October 15. Name of Recipient Name of Project Project Number Estimated Percent of Project Completion Events Forecasted Date Actual Date Start Date of Project First Construction Tender Awarded Start Date of Construction End Date of Construction End Date of Project Federal Signage Installed Provincial Signage Installed Description of Activities* Design / Engineering Site Preparation Construction Maintenance Holdback Period Activity Status (On, Ahead, or Behind Schedule; Completed or Not Applicable) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity Choose an item. Click here to enter text.
Click here to enter date.
Choose an item. Click here to enter text.
Choose an item. Click here to enter text.
Choose an item. Click here to enter text. Click here to enter date. OVERALL PROJECT Choose an item. STATUS Click here to enter any general project status information not included above. *NOTE: Each phase of the project should be noted in a separate chart.
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Expenditure Forecast Table The purpose of this table is to show the total Eligible Costs that have been incurred from the Project Approval Date until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015 – March 31, 2016) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter Q1 (April – June) 2015/16 2016/17 2017/18 2018/19 2019/20 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. Q2 (July –
September) Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Q3 (October –
Q4 (January – December) March) Enter dollars.
Enter dollars. Enter dollars.
Enter dollars. Total Eligible Costs (Less HST Rebate) Total by Fiscal Year Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
NOTES: 1.
2.
3.
Expenditures are only considered eligible after the Project Approval Date. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). Please only include Net Eligible Expenditures ‐ total eligible costs less HST rebate. Enter the total eligible costs expected to be incurred up to project completion, rather than reporting requested financial assistance (i.e., senior government's share of costs). Expenditure forecasts should not exceed Total Eligible Costs as identified in Schedule D of the Agreement. If the Project cannot be completed within the specified timeframes, please contact the Province. 4.
5.
Claims Claims will be submitted a minimum of twice a year. The amount of claims submitted on the Project should align with the expenditure forecasts noted above. As noted in Section D.4.1(c) of the Agreement, Recipients must claim invoices prior to the Fiscal Year after the year in which they were incurred (i.e., costs incurred between April 1, 2015 and March 31, 2016 must be claimed by March 31, 2017). Any invoices not claimed by this time are referred to as “stale‐dated” and are deemed ineligible. This means in some cases Recipients will need to submit a separate claim for unpaid contractor holdbacks (do not mix with other paid invoices). Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal groups, including dates, where applicable or available. Please include copies of all communication with Aboriginal groups. Variance from original approved project (if any) Do you need to adjust your Project Description based on Project progress? If so, explain why and by when? Note: Inserting a project revision into this form does not constitute requesting permission to change the contracted Project Description or to reduce the number of components completed, a request must be sent through to the Program Manager as specified in Section B.1.8 of the Agreement. Page 38 of 46
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NOTE: If during the course of the construction of your project any archaeological resources are found, other impacts that could affect Aboriginal or treaty rights emerge, or you are contacted by any Aboriginal Community that is expressing concerns about the project and potential impacts on their rights, you must immediately cease construction and notify your project analyst. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including but not limited to that commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. Page 39 of 46
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F.5 – FINAL REPORT
New Building Canada Fund – Small Communities Fund FINAL REPORT Project No.: Enter # Project Title: Click here to enter project title. Date: Click here to enter a date. Recipient Name: Click here to enter Recipient name. Final Reports are to be completed and submitted to the Province within sixty (60) Business Days of the completion of the Project or as otherwise specified in the Agreement. Please contact your Project Analyst should you have any questions filling in this report. Section 1. Project Details Dates Forecasted* Actual Construction Start Date Click here to enter a date. Click here to enter a date. Construction End Date Click here to enter a date. Click here to enter a date. * Forecasted date will be the first date submitted on your Project’s Initial Project Report. Was the Project completed as per your application and Schedule “C” of the Agreement or by any amending agreement? ☐ Yes ☐ No If No, please provide details on any variances below Project Variances (if applicable) In reading the description provided in Schedule “C” of the Agreement or in any subsequent amendments, has the Project experienced any variances either in its scope, budget or schedule? Please identify any other information with respect to the Project that may have changed or may have been altered. Ensure that you provide a rationale for any variances from the approved Project Description. Page 40 of 46
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Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Engineering Design, EA/Permits, Project Management Materials Construction Leasing of Equipment Communication Materials Miscellaneous GROSS ELIGIBLE COST Less HST Rebate TOTAL NET ELIGIBLE COST NOTE: If the actual costs are 20% less or greater than the estimated costs for any of the above categories, please attach an explanation of the variance for each. Funding Sources – List the source(s) and amount from that source that represents your portion of the project
Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Initial Actual Amount Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert Amount** ($) ($) program name), etc.) Click here to enter funding source. $ Enter dollars. $ Enter dollars.
Click here to enter funding source. $ Enter dollars. $ Enter dollars.
** Initial Amounts from your Project’s Initial Project Report. Section 3. Project Benefits and Impact Questions The following questions must be completed with the results of the Project. The questions outlined in sections 3, 4 and 5 will help assess the impact of the Project and client satisfaction with program delivery. Page 41 of 46
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Project Benefits and Impacts 1. What was the primary objective of your Project? ☐Address urgent public health and safety issues. ☐Maintain public health and safety over the long‐term. ☐Address barriers to economic growth. 2. Was this Project (or the need for this Project), identified in one of the following documents? Please check all that apply ☐Asset Management Plan (if you check this box, please see Question 3). ☐Economic Development Plan and/or Strategy. ☐Business or market development plan? ☐Other? Please specify:_____________________________________ 3. FOR MUNICIPAL RECIPIENTS ONLY: As detailed in the asset management plan (AMP), what was the priority of the Project you just completed with this funding? ☐Over due to be completed? ☐Due to be completed this year? ☐Due to be completed in the next year? ☐Due to be completed in the next 2‐5 years? ☐Due to be completed in the next 5+ years? ☐Was not detailed in plan, Please specify:_____________________________________ 4. Did you encounter any barriers to completing your project? ☐Yes ☐No If yes, please describe what they were and how you overcame them. 5. Please indicate which of the following benefits have been experienced or are anticipated to occur as a result of the Project. Provide details where possible. At project Anticipated Details (1‐2 years out) completion Click here to enter text. Addressed urgent public health ☐ Yes ☐ No ☐ Yes ☐ No and safety issues. Click here to enter text. Highest priority items in AMP ☐ Yes ☐ No ☐ Yes ☐ No addressed earlier than planned. Click here to enter text. Improved economic infrastructure ☐ Yes ☐ No ☐ Yes ☐ No that was identified as a barrier to growth. Click here to enter text. Business retention and/or ☐ Yes ☐ No ☐ Yes ☐ No expansion and/or economic growth. Click here to enter text. Other? Please ☐ Yes ☐ No ☐ Yes ☐ No specify:_____________________ Page 42 of 46
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Section 4. Other Benefits / Information Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the province of Ontario. Section 5. Client Satisfaction Survey Based on your Project experience with Ontario, please indicate with an “X” in the appropriate box for your response. 1.
Please indicate the extent to which you agree or disagree with the following statements. a. Once my Project was approved, I received all the information needed to proceed to the next step of the Project. b. The report forms were easy to understand and complete. c. I was able to reach appropriate Ontario staff without difficulty. d. Ontario staff were knowledgeable. e. I received consistent advice from Ontario staff. f.
Ontario staff was courteous. Strongly Agree Agree Neither Agree nor Disagree Disagree Strongly Disagree 1 2 3 4 5 ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ Page 43 of 46
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2. Overall, how satisfied were you with the amount of time it took to get the service that you required? 3. Overall, how satisfied were you with the service you received while implementing your Project? 4. To what extent did the availability of this funding assistance influence your decision to undertake the Project? Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ Very satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ ☐ Very satisfied ☐ To a great extent Somewhat Very little Not at all ☐ ☐ ☐ ☐ Section 6. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under the Appendix to Schedule “B” of the Agreement. Please indicate: Declaration required for the Project: Confirmation provided to the Province indicating that there has been no communication from any Aboriginal Groups and that there were no items of cultural significance to ☐ Yes ☐ No Aboriginal Groups discovered with respect to the Project. Declaration required for Project with additional Duty to Consult requirements, as identified by the Province Notice about the Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to express comments and concerns with respect to the following: ☐ Yes ☐ No  the Project;  adverse impacts on hunting, trapping, fishing and plant harvesting; and  any burial grounds or archaeological sites of cultural significance. A copy of this correspondence to identified Aboriginal Groups was provided to the Province. ☐ Yes ☐ No The Province was made aware of any issue(s) identified by any Aboriginal Groups. ☐ Yes ☐ No A copy of any correspondence/information between the recipient and any Aboriginal ☐ Yes ☐ No Page 44 of 46
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Groups was forwarded to the Province. Section 7. Comments Is there anything else you would like to tell us about your experience related to the Project? Section 8. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to the Province will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement is complete and was completed in accordance with Schedule “C” of the Agreement or amending agreement; 2. The Project was completed in accordance with all terms/conditions of the Agreement and all Requirements of Law; 3. No Funding was spent on Ineligible Costs; 4. The Recipient will provide any remaining Funds to the Province within thirty (30) Business Days of receiving Notice from the Province that the Province has approved the Recipient’s Final Report; 5. The Recipient has all supporting invoices and records available for audit if required; and 6. All information provided in this Final Report as well as all previous Reports submitted to the Province is – to the best of my knowledge, belief and understanding, true and correct in all material aspects. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: TITLE: DATE: Click here to enter name.
Click here to enter title.
Click here to enter a date.
Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement.
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Section 9. Solemn Declaration of Substantial Completion Must be completed by a Registered Engineer or Architect or a Municipal Official. New Building Canada Fund – Small Communities Fund (NBCF-SCF)
Nouveau Fonds Chantiers Canada - Fonds des petites collectivités (NFCC-FPC)
SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
Project Number
Enter #
Recipient Name
Click here to enter Recipient name.
In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as
represented by the Minister of Agriculture, Food and Rural Affairs and the above-noted Recipient,
on _____________, 2015.
I, ___________________ a ___________________ (Registered Engineer or Architect, Municipal
Official) in the Province of Ontario, do solemnly declare as follows:
1. That I am the __________________________(title, department, organization), and as such
have knowledge of the matters set out herein;
2. That the work identified as Project ___________________ in the above-mentioned
Agreement ___________________ (has / has not) been Substantially Completed as
described in Schedule C, dated ___________________ on the _______ day of ______
20___.
3. That the value (dollar amount) of substantially completed work on the Project, by
______________, 20__ (date) is ___________________ (dollars).
4. That the work:
a. was carried out by ___________________ (the prime contractor), between
___________________ (start date) and ___________________ (completion date);
b. was supervised and inspected by qualified staff;
c. conforms with the plans, specifications and other documentation for the work; and
d. conforms with applicable environmental legislation, and appropriate mitigation measures
have been implemented.
Declared at _____________ (city), in the Province of Ontario this _________ day of
______________, 20__.
(Signature)
_____________________________
____________________________
Name:
Witness Name:
Title:
Title:
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BY-LAW 2015-90
Being a by-law to authorize execution of
an agreement between
Her Majesty the Queen in Right of Ontario
as represented by the Ministry of Agriculture, Food and Rural Affairs
(the "Province")
and
The Corporation of the Municipality of Trent Hills
(the "Recipient")
NEW BUILDING CANADA FUND — SMALL COMMUNITIES
FUND (SCF) AGREEMENT
WHEREAS it is deemed expedient for the Corporation of the Municipality of
Trent Hills to enter into a funding agreement with the Ministry of Agriculture,
Food and Rural Affairs (OMAFRA) related to funding provided by the Province
of Ontario to the Municipality under the Small Communities Fund for
infrastructure upgrades to Campbellford Potable Water Supply and Distribution
Systems.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF TRENT HILLS HEREBY ENACTS AS FOLLOWS:
1. That the Mayor and Clerk are hereby authorized and instructed to
enter into the agreement between the Corporation of the Municipality
of Trent Hills and the Minister of Agriculture, Food and Rural Affiars
attached hereto as Schedule '1', and that the Mayor and Clerk are
hereby instructed to perform all acts and to take steps and execute
such documents under the seal of the Corporation as may be
necessary to effect this agreement.
2. That this by-law shall come into force and take effect immediately
upon the final passing thereof.
By-law 2015-90 be introduced and deemed to be read a first, second and third
time, passed and properly signed and sealed this 15th day of September, 2015.
Hector Macmillan (Mayor)
Shari Lang (Clerk)
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Schedule 'I'
New Building Canada Fund — Small Communities Fund Agreement
NEW BUILDING CANADA FUND — SMALL COMMUNITIES FUND AGREEMENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
(the "Province")
—
and —
(the "Recipient")
I.
BACKGROUND
The Government of Canada established the Small Communities Fund (the "SCF") as a component
of the New Building Canada Fund under the Economic Action Plan 2013 as a renewed commitment
to infrastructure priorities across Canada.
The Government of Canada has committed one billion dollars ($1,000,000,000.00) over ten (10)
years towards the SCF for projects in smaller communities that address local priorities while
contributing to national or regional objectives, support economic growth, a clean environment and
stronger communities.
The purpose of the SCF is to improve and renew public infrastructure in Ontario's communities with
populations under one hundred thousand (100,000) people.
The Government of Ontario has also made a renewed commitment to infrastructure within Ontario.
The Government of Canada and the Government of Ontario entered into the Canada — Ontario
New Building Canada Fund Small Communities Fund Funding Agreement 2014-2024, effective
November 3, 2014, which set out the rights, obligations and requirements with respect to
investments under the SCF.
The Recipient applied to the SCF for funding to assist the Recipient in carrying out the Project, the
Recipient is eligible to receive funding under the SCF and both Ontario and Canada wish to provide
funding for the Project.
II.
CONSIDERATION
In consideration of the mutual covenants and agreements contained in this agreement (the
"Agreement") and for other good and valuable consideration, the receipt and sufficiency of which
is expressly acknowledged, the Province and the Recipient (the "Parties") agree as follows:
III.
ENTIRE AGREEMENT
This Agreement, including
Schedule "A" — General Terms And Conditions,
Schedule "B" — Operational Requirements And Additional Terms and Conditions,
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Schedule "C" — Project Description,
Schedule "D" — Project Financial Information,
Schedule "E" — Communications Protocol,
Schedule "F" — Reporting Requirements, and
any amending agreement entered into as provided for below,
constitutes the entire agreement between the Parties with respect to the subject matter contained in
this Agreement and supersedes all prior oral or written representations and agreements.
IV.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
V.
AMENDING AGREEMENT
This Agreement may only be amended by a written agreement duly executed by the Parties.
VI.
ACKNOWLEDGEMENT
The Recipient:
(a)
Acknowledges that it has read and understands the provisions contained in the
entire Agreement; and
(b)
Agrees to be bound by the terms and conditions in the entire Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
Name:
Title:
Randy Jackiw
Assistant Deputy Minister (A)
Date
I have the authority to bind the Crown pursuant to delegated authority.
AFFIX
CORPORATE
SEAL
Name:
Title:
Date:
T-Tctor Macmi Ilan
Maynr
September 15, 2015
Name:
Title:
Date:
qhari Tang
Clerk
September 15, 2015
I/We have the authority to bind the Recipient.
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SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
ARTICLE 1
INTERPRETATION AND DEFINITIONS
1.1
Interpretation. For the purposes of interpreting this Agreement:
(a)
Words in the singular include the plural and vice versa;
(b)
Words in one gender include all genders;
(c)
The headings do not form part of this Agreement; they are for reference only and will
not affect the interpretation of this Agreement;
(d)
Any reference to dollars or currency will be in Canadian dollars and currency;
(e)
Any reference to a statute means a statute of the Province of Ontario, unless
otherwise indicated;
Any reference to a statute is to that statute and to the regulations made pursuant to
(f)
that statute as that statute and regulations may be amended from time to time and to
any statute or regulations that may be passed that have the effect of supplanting or
superseding that statute or regulation unless a provision of the Agreement provides
otherwise;
(g)
All accounting terms will be interpreted in accordance with the Generally Accepted
Accounting Principles and all calculations will be made and all financial data to be
submitted will be prepared in accordance with the Generally Accepted Accounting
Principles in effect in Canada; and
(h)
The words "include", "includes" and "including" denote that the subsequent list is not
exhaustive.
1.2
Definitions. In this Agreement, the following terms will have the following meaning
"Aboriginal Group" includes the Indian, Inuit and Metis peoples of Canada or any other
group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
"Additional Conditions" means the terms and conditions referred to in section 9.1 of
Schedule "A" of this Agreement and specified in section B.2 of Schedule "B" of this
Agreement.
"Arm's Length" has the meaning given to it under the Income Tax Act (Canada) as in
effect on the Effective Date of this Agreement and as treated or defined under Generally
Accepted Accounting Principles.
"Asset" means any moveable or non-moveable real or personal property constructed,
rehabilitated or improved, in whole or in part, with Funds provided under this Agreement.
"Auditor General" means the Auditor General of Ontario and/or the Auditor General of
Canada, depending on the context.
"BPSAA" means the Broader Public Sector Accountability Act, 2010.
"Business Day" means any working day, Monday to Friday inclusive, excluding statutory
and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday;
Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance
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Day; Christmas Day; Boxing Day and any other day on which the Province has elected to
be closed for business.
"Canada" means Her Majesty the Queen in Right of Canada.
"Communications Protocol" means the protocol set out under Schedule "E" of this
Agreement.
"Conflict of Interest" includes any and all circumstances where the Recipient or any
Person who has the capacity to influence the Recipient's decisions has outside
commitments, relationships or financial interests that could, or could be seen to, interfere
with the Recipient's objective, unbiased and impartial judgment relating to the Project or this
Agreement.
"Contract" means an agreement between the Recipient and a third-party whereby the
third-party agrees to provide a good or service for the Project in return for financial
consideration that may be claimed by the Recipient as an Eligible Cost.
"Effective Date" means the date on which this Agreement is effective, as set out under
section B.1.1 of Schedule "B" of this Agreement.
"Eligible Costs" means those costs set out under section D.3 of Schedule "D" of this
Agreement.
"Event of Default" has the meaning ascribed to it in section 15.1 of Schedule "A" of this
Agreement.
"Expiration Date" means the date on which this Agreement will expire, as set out under
section B.1.2 of Schedule "B" of this Agreement unless amended or terminated prior to this
date in accordance with the terms and conditions of this Agreement.
"FAA" means the Financial Administration Act.
"Failure" means a failure to comply with any term, condition, obligation under any other
agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of
Her agencies.
"FIPPA" means the Freedom of Information and Protection of Privacy Act.
"Funding Year" means:
(a)
In the case of the first Funding Year, the period commencing on the Effective Date
and ending on the following March 31, and
(b)
In the case of Funding Years subsequent to the first Funding Year, the period
commencing on April 1 following the end of the previous Funding Year and ending
on the following March 31.
"Funds" means the money provided to the Recipient pursuant to this Agreement.
"Holdback" means the amount set out under section D.1.2 of Schedule "D" of this
Agreement.
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"Indemnified Parties" means Her Majesty the Queen in Right of Ontario, Her Ministers,
appointees, officers, employees, servants and agents as well as Her Majesty the Queen in
Right of Canada, Her Ministers, appointees, officers, employees, servants and agents.
"Ineligible Costs" means those costs set out under section D.4 of Schedule "D" of this
Agreement.
"Maximum Funds" means the maximum amount of Funds the Recipient is eligible to
receive under this Agreement, as set out under section D.1.1 of Schedule "D" of this
Agreement.
"Minister" means the Minister of Agriculture, Food and Rural Affairs.
"Notice" means any communication given or required to be given pursuant to this
Agreement.
"Notice Period" means the period of time within which the Recipient is required to remedy
an Event of Default, and includes any such period or periods of time by which the Province
considers it reasonable to extend that time.
"Party" means either the Province or the Recipient.
"Project" means the undertaking described in Schedule "C" of this Agreement.
"Project Approval Date" means the date set out in section B.1.3 of Schedule "B" of this
Agreement and is the first date in which the Recipient may incur Eligible Costs for the
Project.
"Project Completion Date" means the date set out in section B.1.4 of Schedule "B" of this
Agreement and is the last date in which the Recipient may incur Eligible Costs for the
Project.
"Project Investment Commitment" means the minimum financial contribution that the
Recipient will provide toward completing the Project, as set out under section D.2.1 of
Schedule "D" of this Agreement.
"PSSDA" means the Public Sector Salary Disclosure Act, 1996.
"Reports" means the reports set out under Schedule "F" of this Agreement.
"Requirements of Law" means all applicable statutes, regulations, by-laws, ordinances,
codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees,
injunctions, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the
generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any
other type of broader public sector accountability legislative provisions, the BPSAA, the
PSSDA and other type of broader public sector accountability legislative provisions are
deemed to be a Requirement of Law.
"Substantial Completion" has the same meaning as "substantially performed", as defined
under section 2(1) of the Construction Lien Act.
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"Term" means the period of time beginning on the Effective Date of this Agreement and
ending on the Expiration Date or the termination of this Agreement, whichever is shorter.
1.3
Expiration Of Agreement. This Agreement will expire on the Expiration Date, unless
amended or terminated prior to the Expiration Date in accordance with the terms and
conditions of this Agreement.
1.4
Conflict. Subject to section 9.1 of Schedule "A" of this Agreement, in the event of a conflict
between this Schedule "A" of the Agreement and any other Schedule of this Agreement, the
terms and conditions set out under this Schedule "A" of the Agreement will prevail.
ARTICLE 2
REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1
General Representations, Warranties And Covenants. The Recipient represents,
warrants and covenants that:
(a)
It is, and will continue to be for the Term of this Agreement, a validly existing legal
entity with the full power to fulfill its obligations under this Agreement;
(b)
Where applicable, it has passed the requisite by-laws to enter into this Agreement
and undertake the Project;
(c)
It is in compliance with all Requirements of Law and it will remain in compliance with
all Requirements of Law throughout the Term of this Agreement;
(d)
It has, and will continue to have for the Term of this Agreement, the experience and
expertise necessary to carry out the Project;
(e)
It has secured the funds necessary to meet its Project Investment Commitment;
It has all permits, approvals, licenses, certificates or other similar documents that are
(f)
required to carry out any Project or it will apply for all permits, approvals, licenses,
certificates or other similar documents before carrying out the Project; and
(g)
Unless otherwise provided for in this Agreement, any information the Recipient
provided to the Province in support of its request for Funds, including any
information relating to any eligibility requirements, was true, correct and complete at
the time the Recipient provided it.
2.2
Execution Of Agreement. The Recipient represents and warrants that it has:
(a)
The full power and authority to enter into this Agreement; and
(b)
Taken all necessary actions to authorize the execution of this Agreement.
2.3
Governance. The Recipient represents, warrants and covenants that it has in writing and
will maintain for the Term of this Agreement:
(a)
A code of conduct and ethical responsibilities for the Recipient;
(b)
Procedures to ensure the ongoing effective functioning and continuance of the
Recipient until the Expiration Date of this Agreement;
(c)
Decision-making mechanisms;
(d)
Procedures for the prudent and effective management of any Funds being provided
under this Agreement;
(e)
Procedures to enable the timely identification of risks that would interfere with the
Recipient meetings its obligations under this Agreement and strategies to address
the identified risks;
Procedures to enable the preparation and delivery of all Reports required under this
(f)
Agreement; and
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(g)
Procedures to enable the Recipient to deal with such other matters as the Recipient
considers necessary to ensure that the Recipient carries out its obligations under
this Agreement.
2.4
Proof Of Compliance Upon Ontario's Request. Upon request, and within the time period
indicated in the Notice, the Recipient will provide the Province with proof of the matters
referred to in this Article 2 of the Agreement.
2.5
Additional Covenants. The Recipient undertakes to advise the Province within five (5)
Business Days of:
(a)
Any changes that affect its representations, warranties and covenants under
sections 2.1, 2.2 or 2.3 of Schedule "A" of this Agreement during the Term of this
Agreement; and
(b)
Any actions, suits or other proceedings which could or would reasonably prevent the
Recipient from complying with the terms and conditions of this Agreement.
ARTICLE 3
THE RECIPIENT AND THE PROJECT
3.1
Project Investment Commitment. The Recipient will invest a minimum amount equal to
the Project Investment Commitment for the Project between the Effective Date of this
Agreement and the Project Completion Date or the termination of this Agreement,
whichever is sooner.
3.2
Project Financing. The Recipient acknowledges and agrees that:
(a)
It is solely responsible for making any alternative arrangements that may be required
to obtain additional financing for the Project in the event that its original financing
situation in regards to its Project Investment Commitment changes;
(b)
It is solely responsible for covering any unapproved expenditures and cost overruns;
and
(c)
It is solely responsible for securing any additional financing required to complete the
Project in the event that its Project Investment Commitment is not sufficient to
complete the Project.
3.3
Responsibility For The Project. The Recipient acknowledges and agrees that the
Recipient is solely responsible for the undertaking, implementation, completion, operation
and/or maintenance of the Project. The Recipient further agrees that it will not seek to hold
the Province or Canada responsible for the undertaking, implementation, completion,
operation and/or maintenance of the Project through recourse to a third party, court, tribunal
or arbitrator.
3.4
Project Completion. The Recipient will ensure that the Project is Substantially Completed
by the Project Completion Date in accordance with the terms and conditions of this
Agreement.
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ARTICLE 4
FUNDS AND CARRYING OUT THE PROJECT
4.1
Funds Provided. The Province will:
(a)
Provide the Recipient up to the Maximum Funds for the sole purpose of carrying out
the Project;
(b)
Provide the Funds to the Recipient in accordance with section D.5 of Schedule "D"
of this Agreement;
(c)
Deposit the Funds into an account designated by the Recipient, provided that
account:
Resides at a Canadian financial institution, and
(ii)
Is in the name of the Recipient.
4.2
Limitation On Payment Of Funds. Despite section 4.1 of Schedule "A" of this Agreement:
(a)
The Province is not obligated to provide any Funds to the Recipient until the
Recipient provides the insurance certificate or other proof as the Province may
request pursuant to section 12.2 of Schedule "A" of this Agreement;
(b)
The Province is not obligated to provide any instalment or payment of Funds until it
is satisfied with the progress of the Project;
(c)
The Province may adjust the amount of Funds it provides to the Recipient without
liability, penalty or costs in any Funding Year based upon the Province's assessment
of the information provided by the Recipient pursuant to Article 7 of Schedule "A" of
this Agreement;
(d)
If, pursuant to the FAA, the Province does not receive the necessary appropriation
from the Ontario Legislature for payment under this Agreement, the Province is not
obligated to make any such payment, and, as a consequence, the Province may:
Reduce the amount of Funds and, in consultation with the Recipient, change
the Project without liability, penalty or costs, or
(ii)
Terminate the Agreement pursuant to section 14.1 of Schedule "A" of this
Agreement;
(e)
If the Province does not receive sufficient funds from Canada, the Province is not
obligated to make any payment to the Recipient, and, as a consequence, the
Province may:
Reduce the amount of Funds being provided under the Agreement and, in
consultation with the Recipient, change the Project without liability, penalty or
costs,
(ii)
Recover Funds already paid to the Recipient, or
(iii)
Terminate the Agreement in the same manner as is set out under section
14.1 of Schedule "A" of this Agreement;
The Province may impose a Holdback on any instalment of Funds and will not be
(f)
obligated to pay that Holdback to the Recipient until forty-five (45) Business Days
after the Province approves the Recipient's Final Report.
4.3
Use Of Funds And Project. The Recipient will:
(a)
Carry out the Project in accordance with the terms and conditions of this Agreement;
(b)
Use the Funds only for Eligible Costs that are directly related to the Project and are
for the sole purpose of carrying out the Project; and
(c)
Not use the Funds on Ineligible Costs or to cover any specific cost that has or will be
funded or reimbursed by any third party, including other ministries, agencies and
organizations of the Government of Ontario.
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4.4
Province And Canada's Role Limited To Providing Funds. For greater clarity, the
Province and Canada's role under this Agreement is strictly limited to providing Funds to the
Recipient for the purposes of the Project and the Province and Canada are not a decisionmaker in regards to the Project nor is the Province or Canada responsible for carrying out
the Project. Without limiting the generality of the foregoing, the fact that the Province or
Canada may conduct reviews and/or audits of the Project as provided for hereinafter or the
Province issues directions, consents to changes to the Project or impose conditions upon
any consents in accordance with the terms and conditions of this Agreement will not be
construed by the Recipient as the Province having a management, decision-making or
advisory role in relation to the Project. The Recipient further agrees that the Recipient will
not seek to name the Province or Canada as a decision-maker, advisor or manager of the
Project in any matter before a third party, court, tribunal or arbitrator.
4.5 Provision Of Funds Does Not Obligate Province Or Canada To Assist Recipient In
Obtaining Approvals, Licences or Permits. The Recipient acknowledges and agrees that
the entering into this Agreement does not in any way obligate any regulatory authority
established under an Act of the Ontario Legislature or Parliament to issue any type of
approval, licence, permit or similar authorization that the Recipient may need or want in
relation to the Project or to meet any terms or conditions under this Agreement.
4.6
No Changes. The Recipient will not make any changes to the Project without providing
Notice to the Province and receiving the Province's prior written consent before undertaking
any changes to the Project.
4.7
Interest Bearing Account. If the Province provides Funds to the Recipient before the
Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest
bearing account in the name of the Recipient at a Canadian financial institution. The
Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for
the Project.
4.8
Recipient Earning Interest On Funds. If the Recipient earns any interest on the Funds,
the Province may:
(a)
Deduct an amount equal to the interest from any further installment of the Funds; or
(b)
Demand from the Recipient the repayment of an amount equal to the interest.
4.9
No Provincial Payment Of Interest. The Province is not required to pay interest on any
Funds under this Agreement. For greater clarity, this includes interest on any Funds that
the Province has withheld paying to the Recipient.
4.10 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it
pursuant to this Agreement will not exceed the Maximum Funds.
4.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount
of Funds available to it pursuant to this Agreement is based on the actual costs to the
Recipient, less any costs, including taxes, for which the Recipient has received, will receive
or is eligible to receive, a rebate, credit or refund.
4.12 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and
agrees that any Funds provided under this Agreement is for the administration of social or
economic programs or the provision of direct or indirect support to members of the public in
connection with social or economic policy.
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ARTICLE 5
RECIPIENT'S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS
5.1
Acquisition. If the Recipient acquires goods, services or both with the Funds, it will:
(a)
Do so through a process that is transparent, fair and promotes the best value for the
money expended and at competitive prices that are no greater than fair market value
after deducting trade discounts and/or any other discounts available to the Recipient;
and
(b)
Comply with any Requirements of Law and any procurement policies that may be
applicable to how the Recipient acquires goods, services or both.
Without limiting the generality of the foregoing:
(a)
Where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario)
is applicable, the Recipient will follow its procurement policies when procuring
goods, services or both; and
(b)
Where the Recipient is a Local Services Board or any other entity not covered by the
Municipal Act, 2001 (Ontario) and the Recipient is looking to procure goods, services
or both, the estimated costs of which exceed twenty-five thousand dollars
($25,000.00), the Recipient will obtain at least three (3) written quotes when
procuring goods, services or both.
5.2
Contracts. The Recipient will ensure that all Contracts:
(a)
Are consistent with this Agreement;
(b)
Do not conflict with this Agreement;
Incorporate the relevant provisions of this Agreement to the fullest extent possible;
(c)
(d)
Require that any parties to those Contracts comply with all Requirements of Law;
and
(e)
Authorize the Province to perform audits of the parties to those Contracts in relation
to the Project as the Province see fit in connection with Article 7 of Schedule "A" of
this Agreement.
5.3
Revenue From Assets. The Recipient will provide Notice to the Province when an Asset in
any given Funding Year generates revenue that exceed its costs, including operating costs,
alternative financing partnerships or public-private partnership costs and provisions for
future life cycle costs. The Province may, in its sole and absolute discretion, deem the
amount of revenue generated from the Asset in excess of its costs within the first five (5)
years after the Project is Substantially Completed that is proportionate to the Funds
provided under this Agreement to be an overpayment and the Recipient will repay that
overpayment to the Province.
5.4
Disposal. The Recipient will not, without the Province's prior written consent, sell, lease or
otherwise dispose of any Asset purchased or created with the Funds or for which Funds
were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule
"B" of this Agreement at the time of purchase for the time period set out under section B.1.6
of Schedule "B" of this Agreement. In the event the Recipient fails to comply with the
requirements set out under this section 5.3 of Schedule "A" of this Agreement, the Province
may recover its Funds from the Recipient in accordance with section B.1.7 of Schedule "B"
of this Agreement. For greater clarity, the remedy provided under this section 5.3 of
Schedule "A" of this Agreement does not limit any other remedies that the Province may
have under this Agreement.
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ARTICLE 6
CONFLICT OF INTEREST
6.1
No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without
an actual, potential or perceived conflict of interest.
6.2
Disclosure To The Province: The Recipient will:
(a)
Disclose to the Province, without delay, any situation that a reasonable person
would interpret as an actual, potential or perceived conflict of interest; and
(b)
Comply with any terms and conditions that the Province may impose as a result of
the disclosure.
ARTICLE 7
REPORTING, ACCOUNTING AND REVIEW
7.1
Preparation And Submission. The Recipient will:
(a)
Submit to the Province at the address referred to in section B.1.8 of Schedule "B" of
this Agreement all Reports in accordance with the timelines and content
requirements set out in Schedule "F" of this Agreement, or in a form as specified by
the Province from time to time;
(b)
Ensure that all Reports are completed to the satisfaction of the Province; and
(c)
Ensure that all Reports are signed on behalf of the Recipient by an authorized
signing officer and that the accompanying attestation has been completed.
7.2
Records Maintenance. The Recipient will keep and maintain for a period of seven (7)
years from the Expiration Date of this Agreement:
(a)
All financial records, including invoices, relating to the Funds or otherwise to the
Project in a manner consistent with generally acceptable accounting principles; and
(b)
All non-financial documents and records relating to the Funds or otherwise to the
Project.
7.3
Inspection. The Province and Canada, their authorized representatives or an independent
auditor identified by the Province or Canada may, at their own expense, upon twenty-four
(24) hours' Notice to the Recipient during normal business hours, enter upon the Recipient's
premises to review the progress of the Project and the Recipient's allocation and
expenditure of the Funds and, for these purposes, the Province or Canada, their authorized
representatives or an independent auditor identified by the Province or Canada may take
one or more of the following actions:
(a)
Inspect and copy the records and documents referred to in section 7.2 of Schedule
"A" of this Agreement;
(b)
Remove any copies made pursuant to section 7.3(a) of Schedule "A" of this
Agreement from the Recipient's premises; and
(c)
Conduct an audit or investigation of the Recipient in respect of the expenditure of the
Funds, the Project or both.
7.4
Disclosure. To assist in respect of the rights set out under section 7.3 of Schedule "A" of
this Agreement, the Recipient will disclose any information requested by the Province or
Canada, their authorized representatives or an independent auditor identified by the
Province or Canada and will do so in the form requested by the Province or Canada, their
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authorized representatives or an independent auditor identified by the Province or Canada,
as the case may be.
7.5
No Control Of Records. No provision of this Agreement will be construed so as to give the
Province or Canada any control whatsoever over the Recipient's records.
7.6
Auditor General. For greater certainty, the Province and Canada's rights under this Article
of the Agreement are in addition to any rights provided to the Auditor General.
ARTICLE 8
COMMUNICATIONS
8.1
Acknowledgement And Support. The Recipient will follow the Communications Protocol
set out under Schedule "E" of this Agreement.
ARTICLE 9
ADDITIONAL CONDITIONS
9.1
Additional Conditions. The Recipient will comply with any Additional Provisions set out
under section B.2 of Schedule "B" of this Agreement. In the event of a conflict or
inconsistency between any of the requirements of the Additional Conditions and any
requirements of this Schedule "A" of the Agreement, the Additional Conditions will prevail.
ARTICLE 10
ACCESS TO INFORMATION
10.1 Access To Information. The Recipient acknowledges that the Province is bound by the
FIPPA and that Canada is bound by the Access to Information Act (Canada).
10.2 Disclosure Of information. Any information provided to the Province or Canada in
connection with the Project or otherwise in connection with this Agreement may be subject
to disclosure in accordance with FIPPA, the Access to Information Act (Canada) and any
other Requirements of Law.
ARTICLE 11
INDEMNITY
11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the
Indemnified Parties from and against any and all direct or indirect liability, loss, costs,
damages and expenses (including legal, expert and consultant fees), causes of action,
actions, claims, demands, lawsuits or other proceedings, including claims for infringement of
rights, by whomever made, sustained, incurred, brought or prosecuted, in any way arising
out of or in connection with the Project or otherwise in connection with this Agreement,
unless solely caused by the negligence or wilful misconduct of the Province or Canada, as
the case may be.
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11.2 Recipient's Participation. The Recipient will, at its expense, to the extent requested by
the Province and/or Canada, participate in or conduct the defence of any proceeding
against any Indemnified Parties and any negotiations for their settlement.
11.3 Election. The Province and/or Canada may elect to participate in or conduct the defence of
any proceeding by providing Notice to the Recipient of such election without prejudice to
any other rights or remedies of the Province and/or Canada under this Agreement, at law or
in equity. Each Party participating in the defence will do so by actively participating with the
other's counsel.
11.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding
against any Indemnified Parties unless the Recipient has obtained the prior written approval
of the Province and/or Canada. If the Recipient is requested by the Province and/or
Canada to participate in or conduct the defence of any proceeding, the Province and/or
Canada, as the case may be, will co-operate with and assist the Recipient to the fullest
extent possible in the proceeding and any related settlement negotiations.
11.5 Recipient's Co-operation. If the Province and/or Canada conducts the defence of any
proceedings, the Recipient will co-operate with and assist the Province and/or Canada, to
the fullest extent possible in the proceedings and any related settlement negotiations.
ARTICLE 12
INSURANCE
12.1 Recipient's Insurance. The Recipient represents and warrants that it has, and will
maintain until the Project Completion Date, at its own cost and expense, with insurers
having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and
appropriate insurance that a prudent person carrying out a project similar to the Project
would maintain, including commercial general liability insurance on an occurrence basis for
third party bodily injury, personal injury and property damage, to an inclusive limit of not less
than the amount set out under section B.1.9 of Schedule "B" of this Agreement per
occurrence. The policy will include the following:
(a)
The Indemnified Parties as additional insureds with respect to liability arising in the
course or performance of the Recipient's obligations under, or otherwise in
connection with, the Project or this Agreement;
(b)
A cross-liability clause;
(c)
Contractual liability coverage; and
(d)
A thirty (30) day written notice of cancellation provision.
12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance,
or other proof as the Province may request within the time limit set out in the Notice, that
confirms the insurance coverage as required under section 12.1 of Schedule "A" of this
Agreement.
12.3 Right Of "First Call" On Insurance Proceeds. The Recipient will provide the Indemnified
Parties with a right of "first call" or priority over any other person, including the Recipient, to
use or enjoy the benefits of the proceeds from the insurance policy required under this
section 12.1 of Schedule "A" of this Agreement to pay any suits, judgments, claims,
demands, expenses, actions, causes of action and losses (including without limitation,
reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien
Act (Ontario) and for any and all liability, damages to property and injury to persons
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(including death) that may be brought against the Indemnified Parties as a result of this
Agreement.
ARTICLE 13
TERMINATION ON NOTICE
13.1 Termination On Notice. The Province may terminate this Agreement at any time without
liability, penalty or costs upon giving at least thirty (30) days' Notice to the Recipient.
13.2 Consequences Of Termination On Notice By The Province. If the Province terminates
this Agreement pursuant to section 13.1 of Schedule "A" of this Agreement, the Province
may take one or more of the following actions:
(a)
(b)
control of the Recipient; and
Determine the reasonable costs for the Recipient to wind down the Project, and do
(c)
either or both of the following:
Permit the Recipient to offset such costs against the amount owing pursuant
(I)
to section 13.2(b) of Schedule "A" of this Agreement; and
(ii)
Subject to section 4.10 of Schedule "A" of this Agreement, provide Funds to
the Recipient to cover such costs.
ARTICLE 14
TERMINATION WHERE No APPROPRIATION
14.1 Termination For Insufficient Funds. If, as provided for in sections 4.2(d) or 4.2(e) of
Schedule "A" of this Agreement, the Province does not receive the necessary appropriation
from the Ontario Legislature or from Canada for any payment the Province is to make
pursuant to this Agreement, the Province may terminate the Agreement immediately without
liability, penalty or costs by giving Notice to the Recipient.
14.2 Consequences Of Termination For Insufficient Funds. If the Province terminates this
Agreement pursuant to section 14.1 of Schedule "A" of this Agreement, the Province may
take one or more of the following actions:
(a)
(b)
(c)
Demand the repayment of an amount equal to any Funds provided to the Recipient,
even though the Project is partially completed; and
(d)
Determine the reasonable costs for the Recipient to wind down the Project and
permit the Recipient to offset such costs against the amount owing pursuant to
section 14.2(b) of Schedule "A" of this Agreement.
14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section
14.2(c) of Schedule "A" of this Agreement exceed the Funds remaining in the possession or
under the control of the Recipient, the Province will not provide additional Funds to the
Recipient.
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ARTICLE 15
EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT
15.1 Events Of Default. Each of the following events will constitute an Event of Default:
(a)
In the opinion of the Province, the Recipient breaches any representation, warranty,
covenant or other term of the Agreement, including failing to do any of the following
in accordance with the terms and conditions of this Agreement:
Carry out the Project;
(i)
(ii)
Use or spend the Funds; or
(iii)
Provide any and all Reports required under this Agreement;
(b)
The Recipient's operations, or its organizational structure, changes such that it no
longer meets one or more of the eligibility requirements of the program under which
the Province provides the Funds;
(c)
The Recipient makes an assignment, proposal, compromise, or arrangement for the
benefit of creditors, or a creditor makes an application or an order adjudging the
Recipient bankrupt, or applies for the appointment of a receiver; or
(d)
The Recipient ceases to operate.
15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default
occurs, the Province may, at any time, take one or more of the following actions:
(a)
Initiate any action the Province considers necessary in order to facilitate the
successful continuation or completion of the Project;
(b)
Provide the Recipient with an opportunity to remedy the Event of Default;
(c)
Suspend the payment of Funds for such a period as the Province determines
appropriate;
(d)
Reduce the amount of Funds;
(e)
(f)
(g)
Demand the repayment of an amount equal to any Funds the Recipient used, but did
not use in accordance with the terms and conditions of this Agreement;
(h)
Demand the repayment of an amount equal to any Funds provided under this
Agreement to the Recipient, even though the Project is partially completed; and
Terminate this Agreement at any time, including immediately, without liability,
(i)
penalty or costs to the Province upon giving Notice to the Recipient.
15.3 Opportunity To Remedy. If, in accordance with section 15.2(b) of Schedule "A" of this
Agreement, the Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a)
The particulars of the Event of Default; and
(b)
The Notice Period.
15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity
to remedy the Event of Default pursuant to section 15.2(b) of Schedule "A" of this
Agreement, and;
(a)
The Recipient does not remedy the Event of Default within the Notice Period;
(b)
It becomes apparent to the Province that the Recipient cannot completely remedy
the Event of Default within the Notice Period; or
(c)
The Recipient is not proceeding to remedy the Event of Default in a way that is
satisfactory to the Province,
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the Province may extend the Notice Period, or initiate any one or more of the actions
provided for in sections 15.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule "A" of this
Agreement.
15.5 When Termination Effective. Termination under this Article 15 of Schedule "A" of this
Agreement will take effect as set out in the Notice.
ARTICLE 16
FUNDS AT THE END OF A FUNDING YEAR
16.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under
Article 15 of Schedule "A" of this Agreement, if the Recipient has not spent all of the Funds
allocated for the Funding Year, the Province may take one or both of the following actions:
(a)
Demand the return of the unspent Funds; and
(b)
Adjust the amount of any further installments of Funds accordingly.
ARTICLE 17
FUNDS UPON EXPIRY
17.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the
Province any Funds remaining in its possession or under its control.
ARTICLE 18
REPAYMENT
18.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the
Province provides Funds in excess of the amount to which the Recipient is eligible to
receive under this Agreement, the Province may:
(a)
Deduct an amount equal to the excess Funds from any further installments of the
Funds; or
(b)
Demand that the Recipient pay an amount equal to the excess Funds to the
Province.
18.2 Debt Due. If, pursuant to this Agreement:
(a)
The Province demands the payment of any Funds or an amount equal to any Funds
from the Recipient; or
(b)
The Recipient owes any Funds or an amount equal to any Funds to the Province,
whether or not their return or repayment has been demanded by the Province, such
Funds or other amount will be deemed to be a debt due and owing to the Province
by the Recipient and the Recipient will pay or return the amount to the Province
immediately, unless the Province directs otherwise. For greater clarity, in the event
that the Recipient makes an assignment, proposal, compromise or arrangement for
the benefit of creditors or a creditor makes an application for an order adjudging the
Recipient bankrupt or applies for the appointment of a receiver, this section will not
affect any Funds that the Recipient is holding in trust for the Province under section
4.7 of Schedule "A" of this Agreement.
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18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the
Recipient at the then current interest rate charged by the Province of Ontario on accounts
receivable.
18.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province
by cheque payable to the "Ontario Minister of Finance" and delivered to the Province at the
address referred to in section 19.1 of Schedule "A" of this Agreement.
18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does
not repay any amount owing under this Agreement, Her Majesty the Queen in Right of
Ontario may deduct any unpaid amount from any money payable to the Recipient by Her
Majesty the Queen in Right of Ontario.
ARTICLE 19
NOTICE
19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email,
postage-paid mail, personal delivery or fax and will be addressed to the Province and the
Recipient respectively as set out in section B.1.10 of Schedule "B" of this Agreement or as
either Party later designates to the other by Notice.
19.2 Notice Given. Notice will be deemed to have been given:
(a)
In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or
(b)
In the case of email, personal delivery or fax, one (1) Business Day after the Notice
is delivered.
19.3 Postal Disruption. Despite section 19.2(a) of Schedule "A" of this Agreement, in the event
of a postal disruption,
(a)
Notice to the Province by postage-prepaid mail will not be deemed to be received;
and
(b)
The Province will provide Notice by email, personal delivery or fax.
ARTICLE 20
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent
will not be considered valid unless that consent is in writing and the person providing that
consent indicates in the consent that that person has the specific authority to provide that
consent. The Province may also impose any terms and conditions on such consent and the
Recipient will comply with such terms and conditions.
ARTICLE 21
SEVERABILITY OF PROVISIONS
21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any
provision in this Agreement will not affect the validity or enforceability of any other provision
of this Agreement. Any invalid or unenforceable provision will be deemed to be severed.
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ARTICLE 22
WAIVER
22.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement
that Party may only rely on a waiver of the other Party if the other Party has provided a
written waiver in accordance with the Notice provisions in Article 19 of Schedule "A" of this
Agreement. Any waiver must refer to a specific failure to comply and will not have the effect
of waiving any subsequent failures to comply. For greater clarity, where the Province
chooses to waive a term or condition of this Agreement, such waiver will only be binding if
provided by a person who indicates in writing that he or she has the specific authority to
provide such a waiver.
ARTICLE 23
INDEPENDENT PARTIES
23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint
venturer, partner or employee of the Province and the Recipient will not represent itself in
any way that might be taken by a reasonable person to suggest that it is or take any actions
that could establish or imply such a relationship.
ARTICLE 24
ASSIGNMENT OF AGREEMENT OR FUNDS
24.1 No Assignment. The Recipient will not, without the prior written consent of the Province,
assign any of its rights or obligations under this Agreement.
24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to
and be binding on the Parties' respective heirs, executors, administrators, successors and
permitted assigns.
ARTICLE 25
GOVERNING LAW
25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will
be governed by and construed in accordance with the laws of the Province of Ontario and
the applicable federal laws of Canada. Any actions or proceedings arising in connection
with this Agreement will be conducted in the Courts of Ontario, which will have exclusive
jurisdiction over such proceedings.
ARTICLE 26
FURTHER ASSURANCES
26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province
may request from time to time with respect to any matter to which the Agreement pertains
and will otherwise do or cause to be done all acts or things necessary to implement and
carry into effect the terms and conditions of this Agreement to their full extent.
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ARTICLE 27
JOINT AND SEVERAL LIABILITY
27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all
such entities will be jointly and severally liable to the Province for the fulfillment of the
obligations of the Recipient under this Agreement.
ARTICLE 28
RIGHTS AND REMEDIES CUMULATIVE
28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this
Agreement are cumulative and are in addition to, and not in substitution of, any of its rights
and remedies provided by law or in equity.
ARTICLE 29
ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES
29.1 Recipient Acknowledges. The Recipient acknowledges:
(a)
It is receiving Funds from the Province and Canada for the Project and is not
providing goods or services to the Province or Canada;
(b)
That by receiving Funds it may become subject to legislation applicable to
organizations that received funding from the Government of Ontario, including the
BPSAA, the PSSDA and the Auditor General Act (Ontario);
(c)
That the Province has issued expenses, perquisites and procurement directives and
guidelines pursuant to the BPSAA; and
(c)
It will comply with any such legislation, including directives issued thereunder, to the
extent applicable.
ARTICLE 30
JOINT AUTHORSHIP
30.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this
Agreement and no provision herein will be interpreted against one Party by the other Party
because of authorship. No Party will seek to avoid a provision herein because of its
authorship through recourse to a third party, court, tribunal or arbitrator.
ARTICLE 31
FAILURE To COMPLY WITH OTHER AGREEMENTS
31.1 Other Agreements. If the Recipient:
(a)
Has committed a Failure;
(b)
Has been provided with notice of such Failure in accordance with the requirements
of such other agreement;
(c)
Has, if applicable, failed to rectify such Failure in accordance with the requirements
of such other agreement; and
(d)
Such Failure is continuing,
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the Province may suspend the payment of Funds under this Agreement without liability,
penalty or costs for such period as the Province determines appropriate.
ARTICLE 32
SURVIVAL
32.1 Survival. The provisions of this Agreement that by their nature survive the expiration or
early termination of this Agreement will so survive for a period of seven (7) years from the
date of expiry or termination. Without limiting the generality of the foregoing, the following
Articles and sections, and all applicable cross-referenced sections, schedules and
appendices will continue in full force and effect for a period of seven (7) years from the date
of expiry or termination: Article 1 and any other applicable definitions, sections 4.2 and 4.8,
section 7.1 (to the extent that the Recipient has not provided the Reports to the satisfaction
of the Province, sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8, Article 11, sections 13.2 and 13.3,
sections 14.2 and 14.3, sections 15.1, 15.2(d), (e), (f), (g) and (h), Article 17, Article 18,
Article 19, Article 21, section 24.2, Article 25, Article 27, Article 28, Article 29, Article 30 and
Article 31.
[Rest Of Page Intentionally Left Blank — Schedule "B" Follows]
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SCHEDULE "B"
OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND
CONDITIONS
B.1 — OPERATIONAL REQUIREMENTS
B.1.1 Effective Date. The Effective Date of this Agreement is the date in which the Province
signs the Agreement.
B.1.2 Expiration Date. The Expiration Date of this Agreement is December 31, 2023.
B.1.3 Project Approval Date. The Project Approval Date is June 19, 2015.
B.1.4 Project Completion Date. The Project Completion Date is March 31, 2020.
B.1.5 Disposal Of Assets. There is no disposal of asset amount requirement for the purposes of
section 5.4 of Schedule "A" of this Agreement.
B.1.6 Asset Retention Period. The Recipient will not sell, lease or otherwise directly or indirectly
dispose of any Asset, other than to Canada, the Province or a Local Government (defined to
mean a "municipality", as defined in the Municipal Act, 2001 (Ontario) and includes a local
board of a municipality and a board, commission or other local authority constituted
pursuant to provincial legislation whose purpose is to manage municipal affairs or the affairs
of areas without municipal organization) for a period of five (5) years from the Project
Completion Date.
B.1.7 Asset Retention Repayment Requirement. The Province may demand the Recipient
repay to the Province an amount up to the Maximum Funds provided under this Agreement
where the Recipient fails to retain the Asset for the amount of time set out under section
B.1.6 of Schedule "B" of the Agreement. Where the Province makes a demand pursuant to
this section 1.7 of Schedule "B" of the Agreement, the Recipient will pay to the Province the
demanded amount within the time period set out in the Notice.
B.1.8 Submission Of Reports. All Reports under this Agreement will be submitted to:
Name: Rural Programs Branch, Ministry of Agriculture, Food and Rural Affairs
Address: 1 Stone Road West, 4NW, Guelph, ON N1G 4Y2
Attention: Program Manager, SCF
Fax: 519-826-3398
or any other person identified by the Province in writing.
B.1.9 Insurance Amount. The amount of insurance the Recipient will have for the purposes of
section 12.1 of Schedule "A" of this Agreement is two million dollars ($2,000,000.00).
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B.1.10 Providing Notice. All Notices under this Agreement will be provided to:
TO THE PROVINCE
To THE RECIPIENT
Subject Line:
SCF-0212 Notice Under Agreement
Name: Municipality of Trent Hills
Address:
66 Front Street South, PO Box 1030
Campbellford, ON
KOL 1L0
Attention:Shelley Stedall
Fax: (705) 653-5203
or any other person identified by the Parties in writing through a Notice.
B.2 —ADDITIONAL CONDITIONS
B.2.1 Aboriginal Consultation. The Province and the Recipient agree to the following:
(a)
The provision of Funds under this Agreement is strictly conditional upon the
Province satisfying any obligations that it may have with and, if required,
accommodate any Aboriginal Group with an interest in the Project;
(b)
The Recipient will act as the Province's delegate for any procedural aspects of any
consultation obligations that the Province may have with any Aboriginal Group in
relation to the Project;
(c)
The Recipient's obligations as the Province's delegate will include:
Following the process set out under the Appendix to this Schedule "B" of the
(i)
Agreement as it relates to consulting with any Aboriginal Group that may
have an interest in the Project,
(ii)
Taking directions from the Province in relation to consulting with any
Aboriginal Group with an interest in the Project as well as any other
directions the Province may issue in relation to consultations, including
suspending or terminating the Project, and
(iii)
Providing a detailed description of any actions the Recipient took in relation
to consultation with any Aboriginal Group that has an interest in the Project;
and
(d)
The Recipient will not commence or allow any third party to commence construction
on any aspect of the Project for forty-five (45) Business Days, or such other time as
the Province may direct, after it has provided the Province with written evidence that
the Recipient has sent a notice about the Project to the Aboriginal Groups the
Province has identified in accordance with the Appendix to this Schedule "B" of the
Agreement
B.2.2 Limit On Federal Funding. Despite anything else contained in this Agreement, the
aggregate of all funding originating from Canada for the Project will not exceed thirty-three
percent (33%) of the total Eligible Costs for the Project.
[Rest Of Page Intentionally Left Blank — Appendix To Schedule "B" Follows]
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APPENDIX TO SCHEDULE "B"
ABORIGINAL CONSULTATION REQUIREMENTS
B.1 — PURPOSE AND DEFINITIONS
B.1.1 Purpose. This Appendix sets out the responsibilities of the Province and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects
of consultation from the Province to the Recipient.
B.1.2 Definitions. For the purposes of this Schedule:
"Section 35 Duty" means any duty that the Province may have to consult and, if required,
accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the
Constitution Act, 1982.
B.2 — RESPONSIBILITIES OF THE PROVINCE
B.2.1 The Province's Responsibilities. The Province is responsible for:
(a)
Determining the Aboriginal Groups to be consulted in relation to the Project, if any,
and advising the Recipient of same;
(b)
The preliminary and ongoing assessment of the depth of consultation required with
the Aboriginal Groups;
(c)
Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d)
Directing the Recipient to take such actions, including without limitation suspension
as well as termination of the Project, as the Province may require;
(e)
Satisfying itself, where it is necessary to do so, that the consultation process in
relation to the Project has been adequate and the Recipient is in compliance with
this Schedule; and
Satisfying itself, where any Aboriginal or treaty rights and asserted rights of
(f)
Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately
accommodated in relation to the Project.
B.3 — RESPONSIBILITIES OF THE RECIPIENT
B.3.1 Recipient's Responsibilities. The Recipient is responsible for:
(a)
Giving notice to the Aboriginal Groups regarding the Project as directed by the
Province, if such notice has not already been given by the Recipient or the Province;
(b)
Immediately notifying the Province of contact by any Aboriginal Groups regarding
the Project and advising of the details of the same;
(c)
Informing the Aboriginal Groups about the Project and providing to the Aboriginal
Groups a full description of the Project unless such description has been previously
provided to them;
(d)
Following up with the Aboriginal Groups in an appropriate manner to ensure that
Aboriginal Groups are aware of the opportunity to express comments and concerns
about the Project, including any concerns regarding adverse impacts on hunting,
trapping, fishing, plant harvesting or on burial grounds or archaeological sites of
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(e)
(f)
(g)
(h)
(i)
(k)
(I)
(m)
(n)
(o)
(p)
cultural significance to the Aboriginal Groups, and immediately advising the Province
of the details of the same;
Informing the Aboriginal Groups of the regulatory and approval processes that apply
to the Project of which the Recipient is aware after reasonable inquiry;
Maintaining the Aboriginal Groups on the Recipient's mailing lists of interested
parties for environmental assessment and other purposes and providing to the
Aboriginal Groups all notices and communications that the Recipient provides to
interested parties and any notice of completion;
Making all reasonable efforts to build a positive relationship with the Aboriginal
Groups in relation to the Project;
Providing the Aboriginal Groups with reasonable opportunities to meet with
appropriate representatives of the Recipient and meeting with the Aboriginal Groups
to discuss the Project, if requested;
If appropriate, providing reasonable financial assistance to Aboriginal Groups to
permit effective participation in consultation processes for the Project, but only after
consulting with the Province;
Considering comments provided by the Aboriginal Groups regarding the potential
impacts of the Project on Aboriginal or treaty rights or asserted rights, including
adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds
or archaeological sites of cultural significance to an Aboriginal Group, or on other
interests, or any other concerns or issues regarding the Project;
Answering any reasonable questions to the extent of the Recipient's ability and
receiving comments from the Aboriginal Groups, notifying the Province of the nature
of the questions or comments received and maintaining a chart showing the issues
raised by the Aboriginal Groups and any responses the Recipient has provided;
Where an Aboriginal Group asks questions regarding the Project directly of the
Province, providing the Province with the information reasonably necessary to
answer the inquiry, upon the Province's request;
Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal
Groups potential accommodation, including mitigation of potential impacts on
Aboriginal or treaty rights, asserted rights or associated interests regarding the
Project and reporting to the Province any comments or questions from the Aboriginal
Groups that relate to potential accommodation or mitigation of potential impacts;
Consulting regularly with the Province during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to the Province
the results of such discussions prior to implementing any applicable accommodation
measures;
Complying with the Province's direction to take any actions, including without
limitation, suspension or termination of the Project, as the Province may require; and
Providing in any Contracts for the Recipient's right and ability to respond to direction
from the Province as the Province may provide.
B.3.2 Acknowledgement By Recipient.
The Recipient hereby acknowledges that,
notwithstanding anything contained in this Agreement, the Province, any provincial ministry
having an approval role in relation to the Project, or any responsible regulatory body, official,
or provincial decision-maker, may participate in the matters and processes enumerated
therein as they deem necessary.
B.3.3 Recipient Will Keep Records And Share Information. The Recipient will carry out the
following functions in relation to record keeping, information sharing and reporting to
Ontario:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Provide to the Province, upon request, complete and accurate copies of all
documents provided to the Aboriginal Groups in relation to the Project;
Keep reasonable business records of all its activities in relation to consultation and
provide the Province with complete and accurate copies of such records upon
request;
Provide the Province with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the Project;
Immediately notify the Province of any contact by any Aboriginal Groups regarding
the Project and provide copies to the Province of any documentation received from
Aboriginal Groups;
Advise the Province in a timely manner of any potential adverse impact of the
Project on Aboriginal or treaty rights or asserted rights of which it becomes aware;
Immediately notify the Province if any Aboriginal archaeological resources are
discovered in the course of the Project;
Provide the Province with summary reports or briefings on all of its activities in
relation to consultation with Aboriginal Groups, as may be requested by the
Province; and
If applicable, advise the Province if the Recipient and an Aboriginal Group propose
to enter into an agreement directed at mitigating or compensating for any impacts of
the Project on Aboriginal or treaty rights or asserted rights.
B.3.4 Recipient Will Assist The Province. The Recipient will, upon request lend assistance to
the Province by filing records and other appropriate evidence of the activities undertaken
both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to
the Project, attending any regulatory or other hearings, and making both written and oral
submissions, as appropriate, regarding the fulfillment of Aboriginal consultation
responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial
decision-makers.
B.4 — NO IMPLICIT ACKNOWLEDGEMENT
B.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule will be
construed as an admission, acknowledgment, agreement or concession by the Province or
the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any
responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory
aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation
referred to in section B.2.1 hereof is an aspect of the Section 35 Duty that could not have
lawfully been delegated to the Recipient had the Parties so agreed.
B.5 — GENERAL
B.5.1 No Substitution. This Schedule will be construed consistently with but does not substitute
for any requirements or procedures in relation to Aboriginal consultation or the Section 35
Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker
acting pursuant to laws and regulations. Such decision-makers may have additional
obligations or requirements. Nonetheless, the intent of the Province is to promote
coordination among provincial ministries, boards and agencies with roles in consulting with
Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled
efficiently and in a manner that avoids, to the extent possible, duplication of effort by
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Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies
and other regulatory decision-makers.
B.6 — NOTICE AND CONTACT
B.6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Appendix
will be in writing and will be sent to the person identified under section B.1.8 of Schedule "B"
of this Agreement.
[Rest Of Page Intentionally Left Blank — Schedule "C" Follows]
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SCHEDULE "C"
PROJECT DESCRIPTION
C.1 — PROJECT DESCRIPTION
The project is for upgrades to the Campbellford Potable Water Supply and Distribution System. The
work includes construction of a new below-grade storage at the water treatment plant and a new
high lift pumping station.
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SCHEDULE "D"
PROJECT FINANCIAL INFORMATION
D.1 — FUNDING INFORMATION
D.1.1 Maximum Funds. The Maximum Funds that may be provided by the Province and Canada
under this Agreement is up to Three Million, Two Hundred Thirty-Five Thousand, Nine
Hundred Sixty-Eight Dollars ($3,235,968.00). This amount consists of the following:
Ontario's Maximum Contribution
Canada's Maximum Contribution
$1,617,984.00
$1,617,984.00
Maximum Funds are calculated based on the
Project's approved Total Eligible Costs
$4,853,952.00
Percentage of Program Support
The Percentage of Program Support is fixed at 33% for the Term of the Agreement.
The percentage noted above is rounded to a whole number. Note that for payment
purposes the percentage is calculated to 10 decimal places and is based on the Maximum
Funds against the Project's Total Eligible Costs as provided above.
D.1.2 Holdback. There will be a Holdback of ten percent (10%) of the Maximum Funds. The
Holdback will be released upon submission and approval of all required Project
documentation.
D.2 — RECIPIENT'S FUNDING INFORMATION
D.2.1 Project Investment Commitment. The Recipient's Project Investment Commitment must
be a minimum of ten (10) percent of the final calculated eligible Project costs as noted in the
Final Report.
D.3 — ELIGIBLE COSTS
D.3.1 Eligible Costs. Eligible Costs are those costs that are, in the Province's sole and absolute
discretion, properly and reasonably incurred, as well as paid or reimbursed by the Recipient, and
are necessary for the successful completion of the Project. For greater clarity, and subject to
section D.5.1 of this Schedule "D" of the Agreement, Eligible Costs are those that are set out
immediately in this section D..3.1 of the Schedule "D" of the Agreement:
(a)
Costs incurred on or after the Project Approval Date and on or before the Project
Completion Date;
(b)
The capital costs for acquiring, constructing, renewing, rehabilitating, materially
enhancing or renovating an Asset;
(c)
Costs directly associated with joint communication activities that are set out in
section E.6 of Schedule "E" of this Agreement with the Province and Canada.
(d)
The costs of Project-related signage, lighting, Project markings and associated utility
adjustments;
(e)
Up to fifteen percent (15%) of the Maximum Funds may be spent on planning,
including plans and specifications, and assessment costs, such as costs associated
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(f)
(g)
(h)
(j)
with environmental planning, surveying, engineering, architectural supervision,
testing and management consulting services;
Costs for consulting with Aboriginal Groups, provided those costs do not include
accommodation costs and legal costs;
Auditing costs;
The incremental costs for the Recipient's employees or leasing of equipment for the
Project, provided the Recipient meets the following conditions:
i.
It was not economically feasible to tender a Contract,
The employee or equipment is directly engaged in the work that would have
been the subject of a Contract, and
The province has approved the arrangement beforehand;
The costs for leasing/renting equipment directly related to the construction of the
Project; and
Other costs that are, in the Province's sole and absolute discretion, direct,
incremental and necessary for the successful completion of the Project, provided
those costs have been approved by the Province in writing prior to being incurred.
D.4 — INELIGIBLE COSTS
D.4.1 Ineligible Costs. The following costs are Ineligible Costs under this Agreement:
(a)
Costs incurred prior to the Project Approval Date;
(b)
Costs incurred after the Project Completion Date;
(c)
Costs that have not been claimed for reimbursement by March 31 of the Funding
Year following the Funding Year in which the costs were incurred;
(d)
Costs associated with developing an application, business case or funding proposal
to receive funding under the SCF;
(e)
Costs related to the purchasing of land, buildings and associated real estate as well
as all related fees associated with the purchasing of land, buildings and associated
real estate;
Financing charges and interest payments on loans;
(f)
(g)
The costs for leasing land, buildings and other facilities;
(h)
Except as specified in section D.3.1(i) of this Schedule "D" of the Agreement, the
costs of leasing equipment;
Furnishings and non-fixed Assets which are not essential to complete the Project;
General repairs and maintenance of the Project and related structures, unless they
0)
are part of a larger capital expansion;
(k)
Costs of services or works normally provided by the Recipient, incurred in the course
of implementation of the Project, unless they have been specifically set out as being
an Eligible Cost under section D.3.1 of this Schedule "D" of the Agreement;
Costs related to any goods and services which are received through donations or in
kind;
(m)
Any overhead costs ordinarily incurred, including salaries, per diems and associated
benefits of any employees of the Recipient, direct or indirect operating or
administrative expenditures of the Recipient, and more specifically costs related to
planning, engineering, architecture, supervision, management and other activities
normally carried out by employees of the Recipient, unless those costs are in
accordance with section D.3.1(e) and (h) of this Schedule "D" of the Agreement;
(n)
Taxes for which the Recipient is eligible to receive a tax rebate;
(o)
Any other costs in which the Recipient is able to claim any type of rebate or refund,
irrespective of whether the Recipient makes a claim;
(p)
Legal fees;
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(q)
(r)
Any amount of costs in which the Recipient is eligible to receive or will receive
funding from the Province under another agreement; and
Without limiting the foregoing, any other costs that are not specifically set out as
Eligible Costs under section D.3.1 of this Schedule "D" of the Agreement or the
Province did not approve in writing prior to the Recipient incurring and paying those
costs
Without limiting the foregoing, neither the Recipient nor any person providing goods,
services or both for the Project will obtain those goods, services or both from another
person that is not Arm's Length from the Recipient or the person providing the goods,
services or both for the Project without the Province's prior written approval. The
Province may impose terms and conditions on any written approval it provides,
including:
(a)
Whether the costs can include any mark-up for profit, overhead or return on
investment;
(b)
The value that can be included in the costs associated with a mark-up for
profit, overhead or return on investment based on the following:
(i)
to profit charged for the goods, services or both,
(ii)
to overheard charged for the goods, services or both,
(iii) Up to ten percent (10%) of the total costs submitted can be attributable
to return on investment for the goods, services or both, and any costs
for profit, overhead or return on investment that are greater than what
the Province approved will be deemed to be an Ineligible Cost under
the Agreement; and
(c)
Any special auditing requirements in addition to the auditing rights the Province
already has under this Agreement to allow the Province to satisfy itself as to
the validity of any costs incurred by the Recipient or any person providing
goods, services or both for the Project from another person that is not Arm's
Length from the Recipient or the person providing the goods, services or both
for the Project.
D.5 — PAYMENT OF FUNDS
D.5.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province
will pay Funds to the Recipient based on the Recipient's incurred and paid Eligible Costs,
up to the Maximum Funds based on a calculation of the Province and Canada's approved
funding percentages (Maximum Funds divided by the total approved Eligible Costs) and the
total Eligible Costs of the claim as determined by the Province.
D.5.2 Submission Of Claims. The Recipient will submit claims for payment to the Province on a
regular basis ensuring compliance with D.4.1(c). Copies of paid invoices must be included
with the Claims Report set out under Schedule "F" of this Agreement.
D.5.3 Claim Reimbursement. Claims will be reimbursed to the Recipient based on the
Percentage of Program Support up to ninety (90) percent of the project costs. The
remaining holdback percentage will be reimbursed as per D.1.2.
[Rest Of Page Intentionally Left Blank — Schedule "E" Follows]
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SCHEDULE "E"
COMMUNICATIONS PROTOCOL
E.1
PURPOSE OF SCHEDULE
E.1.1 Purpose Of Schedule. This Schedule describes the Recipient's responsibilities and
financial obligations in the joint communications activities and products for the Project to
recognize the contribution of Funds toward the Project by the Province and Canada.
E.2 GENERAL PRINCIPLES OF SCHEDULE
E.2.1 General Principles. The Recipient acknowledges and agrees that it will work with both the
Province and Canada to undertake communication activities for the Project in an open,
effective and proactive manner, ensuring equal recognition of those that provided a financial
contribution toward the Project. These general principles include the following:
(a)
All financial contributors to the Project will receive equal recognition and prominence
when logos, symbols, flags and other types of identification are incorporated into
events, signs and plaques for the Project, unless the Province and Canada specify
otherwise;
(b)
All events, signs and plaques will follow this Schedule and any other requirements
that the Province or Canada may specify from time to time;
(c)
Both official languages will be used for public information, signs and plaques in
accordance with the Official Languages Act (Canada); and
(d)
The Recipient:
May produce information kits, brochures, public reports and Internet sites
(i)
providing information about the Project and the Agreement for private-sector
interest groups, contractors and members of the Public,
(ii)
Will consult with the Province and Canada in preparing the content and look
of all such materials, and
(iii)
Will get the Province and Canada's approval for any references to the
Province or Canada before said references are made.
E.3 EVENTS
E.3.1 Events. The Recipient:
(a)
Agrees that all Project-related milestone events, such as groundbreaking and
ribbon-cutting ceremonies, will be organized in cooperation with the Province and
Canada;
(b)
Will coordinate a mutually agreeable venue, date and time for the event in light of
the Province and Canada's availability and under no circumstances will an event
take place without fifteen (15) Business Days' notice to the Province and Canada;
(c)
May invite other elected officials as well as other local interested persons, such as
contractors, architects, labour groups and community leaders, provided the
Recipient consults with the Province and Canada before inviting those persons; and
(d)
Will ensure that federal, provincial and municipal flags are on display at any event
for the Project.
E.3.2 Written Communications For Events. All written communications, such as public service
announcements and posters, will indicate that the Project received Funds from the Province
Page 31 of 46
Page 104 of 304
and Canada under the Building Canada Fund — Small Communities Fund. The Province
and Canada will assist the Recipient in developing written communications for any event.
The Recipient, the Province and Canada will approve of all final copies of any written
communications for events.
E.4 SIGNS
E.4.1 Installation Of Signs. The Recipient will produce via a party acting at Arm's Length in
order for the production of the sign to be an Eligible Cost and install temporary and
permanent signage for the Project to communicate the nature of the Project and the
involvement of the Province and Canada. The Recipient will ensure that the design,
wording and specifications for signs are in accordance with the Province and Canada's
visual identity guidelines. The Recipient will ensure that temporary signage is installed at the
Project site(s) thirty (30) days prior to the start of construction and be visible for the duration
of the Project.
E.4.2 Removal Of Signs. The Recipient will remove temporary signs within ninety (90) days of
the Project's Substantial Completion.
E.4.3 Costs Of Signs. The maximum costs for signs will be:
(a)
Two thousand two hundred fifty dollars ($2,250.00) for small signs; and
(b)
Four thousand two hundred fifty dollars ($4,250.00) for large signs.
E.5 PLAQUES
E.5.1 Installation Of Plaque. The Recipient may produce and install a plaque for the Project to
communicate the nature of the Project and the involvement of the Province and Canada.
The Recipient will ensure that the design, wording and specifications of the plaque are in
accordance with the Province and Canada's visual identity guidelines.
E.5.2 Costs Of Plaques. The maximum cost for a plaque is two thousand five hundred dollars
($2,500.00).
E.6
ELIGIBLE COSTS FOR COMMUNICATIONS ACTIVITIES
E.6.1 Eligible Costs Related To Communications Activities. The Recipient will pay the costs
of preparing and delivering joint communications activities and products (e.g. press
releases, press conferences, translation, etc.), including the organization of special events
and the production of signage. In addition to the costs set out for signs under section E.4.3
of this Schedule "E" of the Agreement and the costs set out for plaques under section E.5.2
of this Schedule "E" of the Agreement, the following communications costs are Eligible
Costs for the purposes of this Agreement:
(a)
Printing and mailing invitations;
(b)
Light refreshments, such as coffee, tea, juice, donuts and muffins;
(c)
Draping for plaque unveiling;
(d)
Project material for display and/or media kit; and
(e)
Rentals, such as flagpoles, stage, chairs, podium and public announcement system.
The costs of certain items, such as alcohol, china, tents, waiters, guest mileage or
transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not
Eligible Costs.
Page 32 of 46
Page 105 of 304
SCHEDULE "F"
REPORTING REQUIREMENTS
F.1
Reporting Requirements.
The following Reports will be provided in full in the
corresponding formatted provided hereafter and with such content as is satisfactory to the
Province:
1.
NAME OF REPORT
Initial Project Report
2.
Claim Report
3.
4.
5.
DUE DATE
Within five (5) Business Days of when
the Recipient signs the Agreement.
In order to avoid invoices being deemed
ineligible due to age (Section D.4.1(c)),
claims will be submitted at least twice a
year.
NOTE:
Costs that have not been
claimed for reimbursement by March 31
of the Funding Year following the
Funding Year in which the costs were
incurred will be deemed ineligible.
Progress Report
May 15 and October 15 of each calendar
year from the Effective Date until the
Project Completion Date.
Final Report (including the Solemn Declaration Within sixty (60) Business Days of when:
of Substantial Completion)
• The Project construction is
Substantially Completed; or
• The Project Completion Date.
Other Reports
On or before the date the Province
directs.
[Rest Of Page Intentionally Left Blank — Section F.2 Of Schedule "F" Follows]
Page 33 of 46
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F.2 - INITIAL PROJECT REPORT
Canada.
dist- Ontario
New Building Canada Fund — Small Communities Fund
INITIAL PROJECT REPORT
Name of Recipient
Name of Project
Project Number
Events
Forecasted Date
Start Date of Project
First Construction Tender Awarded
Start Date of Construction
End Date of Construction
End Date of Project
Expenditure Forecast Table
The purpose of this table is to show the total eligible costs that have been incurred from the start of the Project until
the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015— March 31, 2016) all Recipients
must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced
or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value
within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire
value of the work being performed, in the period in which the work was completed, even if you are not paying the
holdback portion of the invoice at that time.
Quarter
Q1 (A pril — June)
Q2 (July —
September)
Q3 (October —
December)
Q4 (January—
Alai-eh)
Total 13)
Fiscal 1 ear
2015/16
2016/17
2017/18
2018/19
2019/20
Total Eligible Costs (Les, HST Rebate)
NOTES:
1.
2.
Expenditures are only considered eligible after the Project Approval Date.
Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in
the quarter that they have been or will be incurred (rather than when they are to be paid).
Page 34 of 46
Page 107 of 304
3.
4.
5.
Please only include Net Eligible Expenditures -- total eligible costs less HST rebate. Enter the total Eligible Costs
expected to be incurred up to when the Project is complete, rather than reporting requested financial assistance
(i.e., senior government's share of costs).
Expenditure forecasts should not exceed total eligible costs as identified in Schedule D of the Agreement.
If the Project cannot be completed within the specified timeframes, please contact the Province.
Funding Sources — List the source(s), and amount from that source, that represents your portion of the project
Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax,
Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.)
Amount ($)
Click here to enter funding source.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
NOTE: As per Schedule B of the Agreement, for most Recipients all federal funding sources (including SCF funding)
cannot exceed one-third (33.33%) of the total eligible costs of the project. For all public-private partnerships or forprofit private sector bodies, federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the
total eligible costs.
Attestation:
I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in
compliance with the terms and conditions found in the Agreement for this Project, including, but not limited to,
commercial general liability insurance of not less than $2 million is in place for the term of the Agreement.
Name: Click here to enter name.
Title:
Date: Click here to enter a date.
Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the
above attestation. This document should be sent in electronically if at all possible and not as a scanned version.
Page 35 of 46
.
F.3 — CLAIMS REPORT
..
..
..
.C
...: -.ati
..."-a
-dg........... -
„...Ontario
Part 1 - Project Inforrnadoe /Pork 1 - Renselonements cur to p Wet
Part 3 -Claim Information / Partie 3 -RenseIgnements au miler de la domande
Recipient/ BenefIclaire 1
Project Claim # /
ND de ki derrende de nirthourserrent pour le projel I
Pariqd Covered by this Claim/ Period° Welk, par la demande
Project VIP de projet
Project Name / Nom du i
Project End tate/tale de in du PrePt
Part 4 -Progress Update / Partle 4 -Comp% rends des megrim
Estimated % of Project Ccrtpletion /
Estlorldon d pourcentage des traveuv reaitirts
Part 2 -Authorized Official! Parlie 2 Responsable autorise(e) 1
Parra / Nom
Title /Vim
Telephone t/ 1 hP de Irdephona
t
t
—
:
ToTNI--
ll/
es
1
• Please attache separate memo If more space s required (Max 300 characters).
Anneser une note ell Taut plus d'espace ( as plus de 300 caracteres).
Description of activities durhg this period / Descriegon des activites pendant cello perioda
Description, of.1:01100,v000tchs requiement 1011
liar this period / Desorption des beschs en rretierocirt corrounhation avant vette perk/do
Page 108 of 304
I certify the costs are eight& costs and they are h carrpfiance w ith the provhcial legal agreerrent. / FAX 11/ 01 do telecopieur
!Mesta qua hs depenses declares sent des &Tondos adrrissIbles et conformes A rentente de
financement
—
it
Rnal Claim (Yes/Ne) /
I
Derrende (hate (C‘Wheon) i
FroM/ De‘i
Poled Start Lhte / Date de debut du prolet
........
,, „ ,„, . „ ..„.. I ,................ ....
. ,._, ..
. —
, -,.. .. New Building Canada• Fund - Small Communities
Fund (BCF-SCF) Claim and Progress Statement
.Nouveau-. . Fonds
Chantiers Canada Fonds des petites collect:W.4es (NFCC-FPC): Demande et compte rendu des progrOs
"
electronique
banes / Points a souigner
Signature / Signature t
E
Ad
By hserthg a rare In the signature area above you are attesting to the cart/Scallop noted/Sr Inserant volre norn dans le charrp de
signature cl-dassus, your attest= de l'exectlude des renseignements Indques.
Part 5 -New Invokes / Pardo 5 -Nouvelles factures
Work Oescriedon/ Descried's des Sevres,
Period of hvolces / Perbde visee per h facture
hvohe # /
hvehe Date /
If de facture
Dale de la facture
From/ De
To / A
exempla
03/15,2008
0351/2009
03452009
--ElePirieweeiGerieriiiiirWanceetiontEnvionmentat
ArvessmetwEveweihnenvitonnemonlaiddroteet
"dm .ntequeettIhn ee emPt: a.cenetmeeeNcommuctient e.
N mammon ahem O. LoasinporEpuipment/Leasingcraquipeenent
E.Communicalkon MatorlaWINDIBrIeuxtlecornminication:
F.MIscelleneous/Olvers.)
Vendor Nene / NOM dU fournisseur
name on Invoice/nom sur la facture
A
design of cater treannent plant for Ala Plant/
conception do le station do Sal fannint XYZ
hvoice Amount /
Montent de la facture
FIST %bate /
Rentoureement de la
1VH
Net Claim AWOUnt 1
Jrontant net derrende
Pald (Yes/No) /
Nye (Oti/Non)
Cheque St /
NP ne cheque
total of !nonce/
total de la facture
^.' .........
...ono
„,,,,,,,,,,,,,„„,
total less HST rebate/
montant molns la TVH
yoshnn
13105
"
$
$
$
5
$
$
Total
Page 36 of 46
$
-
"
-
Page 109 of 304
F.4 — PROGRESS REPORT
Canad
tP ntaio
PROGRESS REPORT
This report is due twice a year on May 15 and October 15.
Name of Recipient
Project Number
Name of Project
Estimated Percent of Project Completion
Forecasted Date
Events
Actual Date
Start Date of Project
First Construction Tender Awarded
Start Date of Construction
End Date of Construction
End Date of Project
Federal Signage Installed
Provincial Signage Installed
ACiiVity'Status
Description of
Activities*
Design / Engineering
Site Preparation
Construction
Maintenance
Holdback Period
OVERALL PROJECT
STATUS
(On, Ahead, or Behind
Schedule; Completed or
Not Applicable)
Issues to Date and
Actions Taken to Resolve Issues
Confirm Expected
Completion Date of
Activity
Choose an item.
Click here to enter text.
Choose an item.
Click here to enter date,
Choose an item.
Choose an item.
Choose an
Click here to enter any general project status information not
included above.
*NOTE: Each phase of the project should be noted in a separate chart.
Page 37 of 46
Page 110 of 304
Expenditure Forecast Table
The purpose of this table is to show the total Eligible Costs that have been incurred from the Project Approval Date
until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015— March 31, 2016) all
Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than
billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the
associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors.
Enter the entire value of the work being performed, in the period in which the work was completed, even if you are
not paying the holdback portion of the invoice at that time.
Quarter
Q1 (April —June)
Q2 (July —
September)
2015/16
2016/17
Enterdollars,
Enter dollars,
Enter dollars.
Enter dollars,
Enter dollars.
Enter dollars.
Enter dollars,
Enter dollars.
Enter dollars.
Enter dollars.
2017/18
2018/19
2019/20
Q3 (October —
Q4 (January—
Decernbr)
March)
ntor dollars.
Enter dollars.
Enter dotdrs
Enter dollars,
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars
Entr dollars.
tqtaJ,.Ebgibteosts Les,fi
ta
, 1::
Total by
Fiscal Year .
Enter dollars,
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
Enter dollars.
NOTES:
1.
2.
3.
4.
5.
Expenditures are only considered eligible after the Project Approval Date.
Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in
the quarter that they have been or will be incurred (rather than when they are to be paid).
Please only include Net Eligible Expenditures - total eligible costs less HST rebate. Enter the total eligible costs
expected to be incurred up to project completion, rather than reporting requested financial assistance (i.e., senior
government's share of costs).
Expenditure forecasts should not exceed Total Eligible Costs as identified in Schedule D of the Agreement.
If the Project cannot be completed within the specified timeframes, please contact the Province.
Claims
Claims will be submitted a minimum of twice a year. The amount of claims submitted on the Project should align
with the expenditure forecasts noted above. As noted in Section D.4.1(c) of the Agreement, Recipients must claim
invoices prior to the Fiscal Year after the year in which they were incurred (i.e., costs incurred between April 1, 2015
and March 31, 2016 must be claimed by March 31, 2017). Any invoices not claimed by this time are referred to as
"stale-dated" and are deemed ineligible. This means in some cases Recipients will need to submit a separate claim
for unpaid contractor holdbacks (do not mix with other paid invoices).
Other Progress to date Include any communications events, and communications
,
ceived (or
from any Aboriginal era ups, including dates, where applicable or available. Please include copies of a,
communication with Aboriginal groups.
)
Variance from original approved project (if any) Do you need to adjust your Project Description based on Project
progress? If so, explain why and by when? Note: Inserting a project revision into this form does not constitute
requesting permission to change the contracted Project Description or to reduce the number of components
completed, a request must be sent through to the Program Manager as specified in Section 8.1.8 of the Agreement.
Page 38 of 46
Page 111 of 304
NOTE: If during the course of the construction of your project any archaeological resources are found, other impacts
that could affect Aboriginal or treaty rights emerge, or you are contacted by any Aboriginal Community that is
expressing concerns about the project and potential impacts on their rights, you must immediately cease
construction and notify your project analyst.
Attestation:
I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in
compliance with the terms and conditions found in the Agreement for this Project, including but not limited to that
commercial general liability insurance of not less than $2 million is in place for the term of the Agreement.
Name: Click here to enter name.
Title:
Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the
above attestation. This document should be sent in electronically if at all possible and not as a scanned version.
Page 39 of 46
Page 112 of 304
F.5 — FINAL REPORT
Canadia
fr
Ontalo
FINAL REPORT
Project No.: Enter #
Project Title: Click here to enter project title.
Recipient Name: Click here to enter Recipient name.
Final Reports are to be completed and submitted to the Province within sixty (60) Business Days of the
completion of the Proiect or as otherwise specified in the Agreement. Please contact your Project Analyst
should you have any questions filling in this report.
Section 1. Project Details
Dates
Forecasted*
Actual
Construction Start Date
Construction End Date
* Forecasted date will be the first date submitted on your Project's Initial Project Report.
Was the Project completed as per your application and Schedule "C" of the Agreement or by any amending
agreement?
0 Yes
0 No
If No, please provide details on any variances below
Project Variances (if applicable)
In reading the description provided in Schedule "C" of the Agreement or in any subsequent amendments,
has the Project experienced any variances either in its scope, budget or schedule? Please identify any other
information with respect to the Project that may have changed or may have been altered. Ensure that you
provide a rationale for any variances from the approved Project Description.
Page 40 of 46
Page 113 of 304
Section 2. Financial Information
Budget Item
Actual Cost
Budgeted Cost
Engineering Design, EA/Permits,
Project Management
Materials
Construction
Leasing of Equipment
Communication Materials
Miscellaneous
GROSS ELIGIBLE COST
Less HST Rebate
TOTAL NET ELIGIBLE COST
NOTE: If the actual costs are 20% less or greater than the estimated costs for any of the above categories, please
attach an explanation of the variance for each.
Funding Sources — List the source(s) and amount from that source that represents your portion of the project
Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas
Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert
program name), etc.)
Initial
Actual Amount
Amount** ($)
WI
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
$ Enter dollars.
** Initial Amounts from your Project's Initial Project Report.
Section 3. Project Benefits and Impact Questions
The following questions must be completed with the results of the Project. The questions outlined in
sections 3, 4 and 5 will help assess the impact of the Project and client satisfaction with program
delivery.
Page 41 of 46
Page 114 of 304
Project Benefits and Impacts
,_.
1. What was the primary objective of your Project?
0Address urgent public health and safety issues.
0Maintain public health and safety over the long-term.
DAddress barriers to economic growth.
2.
Was this Project or the need for this Project), icientifiedin one a
thelaeWitig docurrietiti? 'Please die&
all:thataPPIY
DAsset Management Plan (if you check this box, please see Question 3).
El Economic Development Plan and/or Strategy.
0Business or market development plan?
00ther? Please specify:
3. FOR MUNICIPAL RECIPIENTS ONLY As detailed in the asset management plan (AMP), what
(Atha Prniect,Ydning completed with this funding?
was the priority
0Over due to be completed?
0 Due to be completed this year?
ODue to be completed in the next year?
ODue to be completed in the next 2-5 years?
El Due to be completed in the next 5+ years?
OWas not detailed in plan, Please specify:
4. Did you encounter any barriers to
OYes El No
your project
If yes, please describe what they were and how you overcame them.
5. Please indicate which of the following benefits have been experienced or are anticipated to occur as a
result of the Project. Provide details where possible.
At project
completion
Anticipated
(1-2 years out)
Addressed urgent public health
and safety issues.
O Yes 0 No
10 Yes 0 No
Highest priority items in AMP
addressed earlier than planned.
0 Yes CI No
0 Yes 0 No
Improved economic infrastructure
that was identified as a barrier to
growth.
CI Yes 0 No
CI Yes 0 No
Business retention and/or
expansion and/or economic
growth.
0 Yes 0 No
0 Yes CI No
Other? Please
specify:
0 Yes 0 No
0 Yes El No
Details
Page 42 of 46
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Section 4. Other Benefits / Information
Please provide any other information which demonstrates the success of the Project and its impact on other
stakeholders, rural communities and the province of Ontario.
Section S. Client Satisfaction Survey
Based on your Project experience with Ontario, please indicate with an "X" in the appropriate box for your
response.
Strongly
1.
Please indicate the extent to which you agree or
disagree with the following statements.
Agree
Nelffier
Agree
Agree nor
Disagree
Disagree
Strongly
Disagree
1
2
3
4
5
0
0
0
0
0
b. The report forms were easy to understand and
complete.
C7
0
0
0
0
c.
I was able to reach appropriate Ontario staff
without difficulty.
0
0
0
0
0
d.
Ontario staff were knowledgeable.
0
0
0
0
0
0
0
0
0
0
0
El
0
a.
Once my Project was approved, I received all the
information needed to proceed to the next step of
the Project.
e. I received consistent advice from Ontario staff.
f.
Ontario staff was courteous.
Page 43 of 46
Page 116 of 304
Neither
Very
2.
Overall, how satisfied were you with the
amount of time it took to get the service that
you required?
satisfied
satisfied
Satisfied
nor
Dissatisfied
Very
dissatisfied
dissatisfied
0
0
0
0
0
Neither
Very
3.
Overall, how satisfied were you with the
service you received while implementing your
Project?
satisfied
To a great
To what extent did the availability of this
funding assistance influence your decision to
undertake the Project?
Satisfied
Dissatisfied
nor
Very
dissatisfied
dissatisfied
0
4.
satisfied
extent
0
0
0
0
0
Somewhat
Very little
Not at all
0
0
0
Section 6. Aboriginal Duty to Consult
Please provide particulars as to how the requirements have been met under the Appendix to Schedule "B"
of the Agreement.
Please indicate:
Declaration required for the Project:
Confirmation provided to the Province indicating that there has been no communication
from any Aboriginal Groups and that there were no items of cultural significance to
Aboriginal Groups discovered with respect to the Project.
0 Yes 0 No
Declaration required for Project with additional Duty to Consult requirements, as identified
by the Province
Notice about the Project, as well as a full Project description, was provided to identified
Aboriginal Groups making them aware of the opportunity to express comments and
concerns with respect to the following:
•
the Project;
•
•
adverse impacts on hunting, trapping, fishing and plant harvesting; and
any burial grounds or archaeological sites of cultural significance.
0 Yes 0 No
A copy of this correspondence to identified Aboriginal Groups was provided to the Province.
0 Yes 0 No
The Province was made aware of any issue(s) identified by any Aboriginal Groups.
0 Yes 0 No
A copy of any correspondence/information between the recipient and any Aboriginal
El Yes El No
Page 44 of 46
Page 117 of 304
Groups was forwarded to the Province.
Section 7. Comments
Is there anything else you would like to tell us about your experience related to the Project?
Section 8. Confidentiality, Certification and Signature
Confidentiality
Information submitted in this Final Report to the Province will be subject to the Freedom of Information
and Protection of Privacy Act. Any information submitted in confidence should be clearly marked
"CONFIDENTIAL" by the Recipient. Inquiries about confidentiality should be directed to the Rural
Programs Branch.
Certification
I certify that:
1. The Project as described in the Agreement is complete and was completed in accordance with
Schedule "C" of the Agreement or amending agreement;
2. The Project was completed in accordance with all terms/conditions of the Agreement and all
Requirements of Law;
3. No Funding was spent on Ineligible Costs;
4. The Recipient will provide any remaining Funds to the Province within thirty (30) Business Days of
receiving Notice from the Province that the Province has approved the Recipient's Final Report;
5. The Recipient has all supporting invoices and records available for audit if required; and
6. All information provided in this Final Report as well as all previous Reports submitted to the
Province is — to the best of my knowledge, belief and understanding, true and correct in all material
aspects.
The official noted below warrants that these statements are true as of the date indicated.
NAME OF AUTHORIZED OFFICIAL:
TITLE:
DATE:
Note:
Click here to enter name.
Click h ereo
enter title.
Any capitalized terms used in this Report will have the same meaning as set out in the Agreement.
Page 45 of 46
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Section 9. Solemn Declaration of Substantial Completion
Must be completed by a Registered Engineer or Architect or a Municipal Official.
V Ontario
Canada,
New Building Canada Fund — Small Communities Fund (NBCF-SCF)
Nouveau Fonds Chantiers Canada - Fonds des petites collectivites (NFCC-FPC)
SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
Project Number
Enter #
Recipient Name
Click here to enter Recipient name.
In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as
represented by the Minister of Agriculture, Food and Rural Affairs and the above-noted Recipient,
on
,2015.
a
(Registered Engineer orArchitect, Municipal
Official) in the Province of Ontario, do solemnly declare as follows:
1. That I am the
(title, department, organization), and as such
have knowledge of the matters set out herein;
2. That the work identified as Project
in the above-mentioned
Agreement
(has / has not) been Substantially Completed as
described in Schedule C, dated
on the
day of
20
.
3. That the value (dollar amount) of substantially completed work on the Project, by
, 20 (date) is
(dollars).
4. That the work:
a. was carried out by
(the prime contractor), between
(start date) and
(completion date);
b. was supervised and inspected by qualified staff;
c. conforms with the plans, specifications and other documentation for the work; and
d. conforms with applicable environmental legislation, and appropriate mitigation measures
have been implemented.
Declared at
(city), in the Province of Ontario this
day of
, 20 .
(Signature)
Name:
Witness Name:
Title:
Title:
Page 46 of 46
Page 119 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Scott White
Lynn Phillips
PWK-2015-22
Subject:
Update - Class EA Schedule B Study - Campbellford
Potable Water Supply and Distribution System
Communications, Long Term Capital Plans, Customer
Service
BE IT RESOLVED THAT Council receive this report for information purposes and comment.
The purpose of this report is to provide Council with an update on the Class Environmental
Assessment (EA) for the Campbellford Potable Water Supply and Distribution System completed and
filed in August of 2014 and the subsequent Part II Order filed with the province byll.111111.111 a
resident of Campbellford and user of the system.
In 2012 an internal and external inspection was completed on the Campbellford potable water storage
tank. The subsequent report received identified that the welded steel standpipe, originally
constructed in 1996 is in need of interior and external rehabilitation. In order to complete the required
work, the standpipe will have to be completely removed from service for a period of up to 12 weeks.
As the standpipe provides all storage for the entire drinking water system, removing it from service for
extended periods of time requires storage to be provided in some other form.
In the spring of 2013 DM Wills associates completed an Options Report that looked at potential
means of addressing the needs of the standpipe rehabilitation while still providing suitable storage for
the system. If a suitable temporary means of storage could be realized through completion of the
Options report, than an EA would not be required. The report took a comprehensive look at not only
Page 120 of 304
storage options, but future population projections, the existing Industrial, Commercial and Institutional
customer base and their water needs as well as the Water Treatment Plant (WTP) system. The
conclusion of this report was that any short-term or temporary solution for removal of the standpipe
from service was not a viable option. The report concluded that a permanent means which allowed
the tank to be removed from service for extended periods of time should be sought. The report also
suggested that this could be accomplished by the addition of a second storage standpipe or
construction of storage at or near the WTP. This determined that an Environmental Assessment (EA)
would need to be completed.
In January of 2014, the municipality retained the services of J.L. Richards and Associates Limited
(JLR) to undertake the Schedule 'B' Municipal Class Environmental Assessment. The EA for a
project of this nature includes consideration of impacts on natural, social, and economic
environments; a list of mandatory and interested stakeholders was completed and those groups
consulted throughout the process; a Public Information Centre (PIC) was held; and conclusions of the
study were based on a 20 year design period. The class EA also provides for an opportunity to
address additional constraints within the system regardless of whether the standpipe is in or out of
service. Additional constraints identified are addressed in the study as "Primary" and "Secondary"
constraints. Primary constraints identified that with the standpipe out of service, the existing WTP
capacity and high lift pumping system were not capable of meeting MOE Design Guidelines 2008.
Further, the configuration of the existing primary disinfection UV system cannot provide complete
redundancy in the event of a UV failure with the standpipe out of service. Secondary constraints also
identified that the existing high lift pumping and UV system is in a vulnerable location, being located in
the basement of the WTP. A complete failure to either system due to flooding is a potential risk. The
UV system is also nearing its life expectancy and the configuration of the high lift pumps has created
an ongoing expensive maintenance issue. Other secondary constraints identified included only a
single watermain to the standpipe and a single watermain leaving the WTP.
The EA was completed and filed for the 30 day public review period on August 28, 2014. Due to
opposition and comment from a resident and user of the systema11111.1111. the comment
period was re-opened March 20, 2015 to provide an opportunity for staff and the consultant to meet
with 111111111Wand alleviate his concerns. That meeting was unsuccessful ancIMIIIIIR filed a
Part ll Order with the Ministry of Environment and Climate Change (MOECC) on April 3, 2015.
Correspondence was received from the MOECC dated April 14, 2015 for the municipality to prepare
an individual EA. (Part ll Order)
Following this, the Municipality once again retained the services of JL Richards to complete the
individual EA at a proposed cost of $11,500 (See attached to the report) The individual EA has bebn
completed and all required documents have been sent to the MOECC for review. There are no further
updates as to the status of the Part II Order at this time. Staff have attempted to obtain a timeframe
for the decision from the MOECC, but ministry staff have indicated that they are not able to comment
on this.
Since this time the municipality has received notification that the SCF funding application submitted
has been approved. Unfortunately, the project can not move forward at this time due to the
outstanding Part ll Order as detailed above. Council should be aware that there are timelines on this
project with respect to the funding agreement and the project was to have started in 2014-2015, with
construction commencing in 2015-16 and completion in 2018-19.
letter
Attached to this report are the fee letter from JL Richards for the additional costs,
of opposition to the project, and some applicable correspondence with the MOECC. Due to ffie
amount of correspondence, not all could be included with this report.
Page 121 of 304
The following are the identified solutions as noted in the EA:
Option 1: Do Nothing - Maintain status quo, and Municipality consider investments for the next 510 years, regardless of the outcome of the Class EA (replace existing high lift pumps and UV
disinfection).
Option 2: New Standpipe at the Existing Standpipe Location: - Install a new 5,200 m3 glass-tosteel standpipe immediately adjacent to the existing standpipe, consider potential chlorination
upgrades, and replace highlift pumps and UV disinfection.
Option 3: New Storage at and Alternative Location: - Install a new 4,300 m3 elevated steel tower
across the river from the existing standpipe, new chlorine injection system and replace highlift pumps
and UV disinfection.
Option 4: New Storage at WTP: - Construct a new 1,800 m3 capacity two-cell, below grade
clearwell complete with baffling and a new high lift pumping station building, including high lift pumps,
backwash pumps, and disinfection (if required) on the WTP site.
The above options were consistent with the options identified in the DM Wills report. Option 4 was
determined to be the best option following the EA process.
If the steel standpipe is not regularly rehabilitated and maintained, the entire coating system of the
structure will fail internally and externally causing the steel substrate to rust and oxidize. If not
addressed, it will become an aesthetics issue looking from the outside and internally could impart rust
and lining particles into the water. Either of these issues will lead to non-confidence in the potability
of the town's drinking water. Eventually, the structure could deteriorate to the point of leaking.
The municipality, as a licensed drinking water operating authority in the province of Ontario has an
legislated obligation to ensure that the Campbellford drinking water system is maintained in good
working order and provides a sustainable, potable source of drinking water.
N/A
7. Major Benefits:
Rehabilitation of the Campbellford drinking water storage tank will extend the life of the tank for many
years to come. It is expected that regular maintenance of re-coating and re-lining of the tank every
18-20 years will ensure the tank provides upwards of 75 years of useful service life to the residents of
Campbellford.
The preferred Option 4 has an estimated cost of $5,390,100.00 which includes costs associated with
re-coating and re-lining of the existing standpipe. The municipality submitted a pre-application for
funding of this project through the Small Communities Fund (SCF) and was successful at that level.
Page 122 of 304
A full application was then submitted in December of 2014 and the municipality has received notice of
funding approval in the amount of $3,235,968 from provincial and federal sources. The remaining
$1,617,984 is to be funded by the Municipality.
Notice of the Council resolution will be recorded in the meeting minutes.
Page 123 of 304
Richard
Associates Limited
864 Lady Ellen Place
Ottawa, ON Canada
K12 5M2
Tel: 613 728 3571
Fax: 613 728 6012
tg
.L.Richards
IN RS ARCHITECTS - PLANNERS
April 16, 2015
Our File: 26374
VIA E-MAIL
Scott.White(W.trenthills.ca
Mr. Scott White
Manager of Infrastructure Renewal & Public Works Administration
Municipality of Trent Hills
P.O. Box 1030, 66 Front Street
South Campbellford, Ontario
KOL 1L0
Dear Mr. White:
Re:
Proposal for Services Related to Part II Order
for the Campbellford Water Supply and Distribution System Class EA
Further to related correspondence over the past couple of weeks, we have prepared, for your
review, a brief summary of proposed fees for engineering consulting services related to the
and subsequently, the Ministry of the
recent Part ll Order request by
Environment of Climate Change's (MOECC) request for additional information.
Background
J.L. Richards & Associates Limited (JLR) was retained by the Municipality of Trent Hills
(Municipality) in January 2014, to undertake a Schedule 'B' Class Environmental Assessment
(Class EA) of the Campbellford Water Supply and Distribution System. A Schedule 'B' Report
was filed for public review on August 28, 2014. On April 3, 2015, following a mutually agreed
upon two-week re-opening of the Class EA file,IMINEW/submitted a Part ll Order
Request to the MOECC. On April 13, 2015, the MOECC requested additional information be
submitted by the Municipality for review in assessing the Part ll Order.
Workplan and Budget
including a meeting that
In addition to services incurred to date as it relates to
on March 20, 2015, JLR will proviae re a e services to assist the
was held with
Municipality with the Pa II Order. It is difficult to predict the level of services required to resolve
the Part II Order completely, but we offer the following for budgetary purposes:
BEST
MANAGED
COMPANIES
Page 124 of 304
J.L.Richards
ENGINEERS- ARCHITECTS PLANNERS
-2April 16, 2015
Our File: 26374
Mr. Scott White
Manager of Infrastructure Renewal & Public Works Administration
1.
Preparation for and meeting withe/aMir on
March 20, 2015 (services complete):
$1,575
2.
Compilation of Documentation and Specific
Responses per MOECC's e-mail, dated April 13, 2015:
$4,730
3.
Additional related consultation with the MOECC, as
required (allowance):
$4,600
Subtotal:
$10,905
Miscellaneous Disbursements (5%):
$545.25
Rounded Total:
$11,500
JLR proposes to undertake the tasks noted above on a time-plus-expenses basis, to an upset
limit of $11,500, including disbursements, but excluding value-added taxes (see attached
breakdown). As noted, it is difficult to predict the level of services required to assist the
Municipality with the Part II Order, particularly as it relates to additional related consultation with
the MOECC (o
. Unless approved in writing to do so, JLR will not exceed the
upset limit provided
the Municipality if and when the upset limit is approached.
JLR will compile a draft of related documentation and responses as requested by the MOECC
for the Municipality's review by next Friday, April 24, 2015.
Thank you for the opportunity to submit this proposal. If you have any questions, please do not
hesitate to contact the undersigned at your convenience.
Yours very truly,
J.L. RICHARDS & ASSOCIATES LIMITED
, -./•
17.'0A.... 4.-
/
Sarah Gore, P.Eng.
LS/SG:lb
Attach.
Page 125 of 304
Attachment No. 1
April 16, 2015
Our File: 26374
MUNICIPALITY OF TRENT HILLS
PROPOSAL FOR SERVICES RELATED TO PART II ORDER BUDGET
Project Task
'n March 20, 2015
1.0 Preparation for and Meeting with
2.0 Compilation of Documentation and Specific Responses per MOECC's E-mail, dated April 13, 2015:
3.0 Additional Related Consultation with the MOECC, as Required
SUBTOTAL (Level of Effort)
SUBTOTAL (Fees)
MISCELLANEOUS DISBURSEMENTS (5%)
ROUNDED TOTAL (E dud
' ' HST)
Project
Manager
Senior Peer
Review
Engineering
Support
S. Gore
P. Eng.
$150.00
8.5
B Hein
P. Eng.
$185.00
L. Scanlan
P.Eng.
$120.00
8
8
16
8
8
16
24.5
16
34.5
2
$3,675
$2,960
$4,140
$130
Clerical
Total
SuPP'l Hours
Total Fee
$65.00
2.5
2
11
$1,575.00
34
$4,730.00
32
$4,600.00
77
$10,905.00
$10,905.00
$545.25
$51
w oo
Page 126 of 304
ArpJeff OECC)
Subi
Attadtments:
Request for a Part II Order Cemphe fórdPotable Water Supply and thstdbudon Syst2m
Upgrades
Attachmen iformetion, Standpipe Partli Order RequeSt.final.pdf
Dear Mtilster Murray: Please find attached eRquestfor aPartil Otdbr undertheEnvfrdnmeñfaI Assess
Please advise that this has been received.
Act,
!would note that this request mayseem out of order, but the sequence of correspondence was such that my ori
submission sent on September
14 was not acknowledged or responded to until February 18, 2015.1subsequently met with the proponent and
accept their report,
their oansulting engineer to discuss the project further. Wi111 no mitigation possible except for
submit this request within the time limit they set at the meeting.
I would be pleased to discuss this matter
forward my original comments andintervening corresnondadce if
Page 127 of 304
Request far a Part II Order With Regard to;
Filing of Schedule B Report:
Campheliford Potable Water Stipply and Distributicri SternUpgrades
Submitted by
Hasls of this Request:
The Environmental Assessment Act defines 'environment" as (among other things): 1. (c) the social,
economic and cultural conditions Viet influence the life of humans or a community. The project has not
fully considered the impacts and potential alternative solutions within the breadth of the meaning of the
Act. Specifically there are four issues outlined below involving the economic impacts of this project, its
potential lack of compliance with provincial guidelines for drinking water systems, arid the heritage
impacts of tire chosen alternative.
The Campbeilford WaterTreatment Plant is achieving all required water quality tanclards and:bas
approximately twice the capacity required kr the existing service base. The orlgi al problem Identified
was the need to rehabilitate the water standpipe. During the assessment process this project morphed
from a relatively simple standpipe rehabilitation or replacement into a much more expensive project to
create a new underground reservax and pumping system located in a sensitive environmental and
heritage area of thecommunity and costing many times more than the simple fix Without fixing the
standpipe.
The pro portent shotld be required to re-evaluate the alternatives on the basis the currently
acceptable performance of the plant, the proposed location na heritage area, and keeping cost
increases to the system users down given recent history of a 76%increase hi water/ sewer rates over
the past :Syesrs.
1. The economic and sodl case aithis project will bedetrimental to the residents and cnthiunutyi
Trent Hills by pnaviding improvements to focal uthltiesthstcanbe had for much less cost.
The ctirrantlyprojectedcost of this p roject(not that whichappears in the Environmental Study Report
is over
million. This intludes bob the proposed new clear well/ reservoir and the original issue that
was the origin of this EA: rehabilitation of the Cam obellford Water Standpipe.
According to-the recently released draft 2015 budget -'er Trent i ills the current Debt of the Municipality
Is $17,655,300. While this maybe a modest amount for a municipality of this size, the fact is that
$13,685,491 of this debt (78%) lies within the Water/ Sewersystem budget. The water and sewer
budget is paid for entirely by the users, it is a °user pay system, The "users' comprise about half the
Page 1 of 3
Page 128 of 304
population otTrerst Hilisbut carry 100% of thisdebt, ApproxiniateIyhaiUthls debt isconriected to
capacity that is not use by the uaers, huti Inpieceforfuture development and should be paid for by
tepayers.
The proposed project will increase the debt In the Water/ Sewer system by up to 40% and would have a
lesser but large impact on water/ sewer rates. The current project is not shown as an kem In the 2015
capital budget. One must therefore assume that this projeCt, whether undertaken in 2015 or In a near
future year, would add significantly to this debt. And ties debt is paid for through water and sewer
charges by those Individuals and households and businesses and indus:ries connected to the utility.
Million in the current Water/ Sewer system budget debt rests solely on the accounts of
ter/ sewer customers In the three communities Which have water/ sewer systems: Campbellford,
Narkworth and Hastings, These users pay a Wended rate which averages the cost of the whole system
of 3 water treatmept and distribution apd 3 wastewater collection and treatment systems and bills
accordingly. Current water/ sewer charges in Trent Hills are among if not the highest In Ontario.
The cost of operation of the water and wastewater treatment plants b approximately $3.5 million th:s
year. Payment on the debt is shown as $1,005,713 (principal and Interest) for 2015. Total cost of the
system to users could increase by at least 10% based on this one project in reality costs of operation
Will also increase significantly In management and maintenance of the new facilkles. Presuming grants
are available this could be a lesser amount, but that Is unknown at this time,
Asian example, the writer has been a•customer of this system since 1,994. In the past 8 years living here
full time the experience of this customer Is that water use has decreased (for the same 2 people) from
an average consumption of 16 cubic metres per month to the current 10 cubic metres per month, a
decrease in water usage of 37.5%. Meanwhile the charges for this lesser service have increased by 28%.
In terms of the cost per cubic metre (as metered) the cost has increased from $5.23 per m3 to 59.19 per
cubic metre, an increase of 76%, or 93% per year. Council has already proposed a 2% increase in rates
for 2015. The addleon of the proposed project waled
2. There arequestiersa as to whetherthepraposedireservuirls con1stent with Provincial guidelines
for such structures and thus safe in the proposed location.
The MOECC "Design Guidelines for Drinking Water Systems 2008" refers in Section 8. page 219 to
situations whereas 'buried retervoirehould Ideally be above the around water table": arid that any
opening in the reservoltshould not .be less than 600mm (24 inches) above the original round level or
the level of the 10C year flood (or the highest flood of record).
In any event, this new underground structure is planned to be build adjacent a the almost IflOynar old
structure ctf the Trent Severn Waterway 'core wail". Ibis large concrete structure forms the shoreline of
the Trent River in Cam pbellford, and if it was damaged or breached would presumaby cause significant
flooding in the community as thewatarleveiinthn canal at this point is well above the original water
level of the free flowing river.
Page 2 at 3
Page 129 of 304
The ,Guideline also refers to sewers and simliar so rces of contamination needing to be kept t least 15
m (50 ft) from the reservoir. A major sewer pipe traverses the full length of the intended reservoir site
lying between the new reservoir and the Core Wall structure.
3. The chosen location is adjacentta at least fouratruttures with noted heritage value and is In an
area of the community broadly considered to be of significant heritage and potentially archaeological
value.
The Reservoir site proposed is directly adjacent both 37 Saskatoon Avenue, an 1875 house and now
antique store (across the street) and 58 Saskato Avenue (immediately to the south), the Fire Hall from
1.889, still serving its original 115e. In addition it is within a block of the original Camphellford Music I lel:
of WS, subsequently the Opera House, and now the Masonic Lodge, and the former Past Office (1935)
and Town Office, new the Clock Tower Cultural Centre as well as a municipally designated home at 60
Frank Street, The Provincial Policy Statement under The Planning Act provides: "26,3 Planning
authorities shall not permit development and site alteration on adjacent lands to protected heritage
property except where the proposed aevelopment and site alteration has been evaluated arid it has
been demonstrated that the heritage attributes of the protected heritage property will be
conserved."
Taken together with issue 2. above, It seemiheumbentrni the proponontta re-evaluate the chosen
site and look more closely at alternatives,
4. Rehabilitating or replacing the current standpipe is a practical solution thatmalntblns water
quality atid quantity issues while keeping cost increases to a minimum.
The current role structure for water/ sewer customers in Trent Hills means that being connected to
the system will cost $77,45 per month even if no water is used and no sewage discharged. Thou:
charges total $94940 per year without ever turning an a tap or flusth'igal toilet. For a senior living
on CPP that means one monthly check goes Just for water/ sewer. Increases in these rates is
intolerable.
As long as the system continues tape
within standards, with its ample excess capacity,
upgrades should be made only forserlous identified shortcomings. That Is not the case with this
project. The original project of rehabilitating or replacing the standpipe, vvhle likely not eligible for
cost sharing is amore:direct and economical solution to this issue.
Page 3 of 3
Page 130 of 304
\s
ministry of the Environment
and Climate Change
Minitthre de l'Environnement at
del'Action en matiere de
changement olimatique
F.mironmental Approval$
Branch
Direction des autorications
ahVironnern entaies
2. St Clalr Avenue vest
Floor 12A
Toronto ON Ni4V 115
Tel.: 416.314-8001
Fax 4163148452
2, avenue St Clair Ottet
Etage 12A
Toronto ON M4V 1L5
151:
416 314-8001
TelOc 416 314-8452
Ontario
ENV128 C-2015-868
April 14:01.5
APR 17 2015
Campbellford 0 KL. I LO
• '0 1
-
Thank you for your April 3, 2015 email and attachment to the Minister of the
Environment and Climate Change (Minister) in which you request that the Municipality
of Trent Hills (Municipality) be required to prepare an Individual environmental
assessment (EA) under the Environmental Assessment Act (EM) for the proposed
Carnpbellford Potable Water Supply and Distribution System Upgrades (Project). I am
pleased to respond on behalf of the Minister.
R is the understanding of this ministry that the Project is being planned as a Schedule B
project under the Municipal Engineers Association's Municipal Class Environmental
Assessment (Class EA). The Class EA is an approved planning process that
proponents must follow for projects of this type in order to obtain authorization to
proceed with the project under the EAA. Despite this process, the Class EA includes a
provision whereby any member of the public who has unresolved concerns with a
proposed project can request that the Minister require the proponent of the project to
prepare an individual EA. The Minister's requirement to prepare an individual EA is
referred to by the Class EA as a Part II Order.
Staff at this ministry will review the issues and concerns you have cited as reasons for
which an individual EA should be prepared. Your request will be fonivarded to the
Municipality. The Municipality will be directed to review your request and to provide any
project documentation and other information necessary to assist the ministry in its
review of your request. This information ‘vill be considered by the Minister when making
a decision about the request. Where required, ministry technical staff and staff at other
agencies may also review the matter. All information that may be provided by the
proponent, review agencies and this ministry's technical staff form part of the public
record on the matter of your request to the Minister.
2::0 231YAW
Page 131 of 304
Page 2.
On the basis of this review and other matters required to be considered by the Minister
under the EAA. the Minister will make a final decision on whether or not to refer the
matter to mediation and/or require that an individual EA be prepared by the Municipality.
You will be notified in writing of the Minister's decision once it has been made,
As you have indicated in your :letter, you have been involved in on-going consultation
efforts with the Municipality. The ministry encourages you Co continuo to meet and
discuss your concerns with the Municipality. If you are able to resolve your concerns
and are willing to withdraw your Part It Order request please contact Mr. Trevor Bell,
Project Evaluator, directly at 416-314-0286 or [email protected],
Personal and other information in your letter such as name, address, and telephone
number and your concerns with this Project will form a part of the public record on this
matter required to be maintained pursuant to section 30 of the EAA. If you wish for your
personal information to be excluded from the public file this Branch must be advised.
Notwithstanding the above, this information may still be obtained by members of the
public if the ministry is required to disclose it under the Freedom of Information and
Protection of Privacy Act.
Thank you for taking the time to share your concerns with this Project.
If you have any questions about the ministry's review Of your request,'please contact
Mr. Trevor Bell of this Branch at 416-314-0286 or [email protected].
Yours sincerely,
Annemarie Cross
Manager, Environmental Assessment Services Section
Environmental Approvals Branch
c: Mr. Scott White, General Manager of Infrastructure Renewal and Public Works
Administration, Municiplaity of Trent Hills
EA File No. 1506 Campbeliford Water System Upgrades
0t69 (2.011/01
Page 132 of 304
.L.Richards
ENGINEERS. ARCHTECTS • PLANNERS
J.L. Richards
& Associates Limited
8641 Lady Ellen Place
Ottawa, ON Canada
K1 Z 5M2
Tel: 613 728 3571
fax: 613 72860t2
May 7,2015
Our File: 26374
VIA COURIER
Trevor Bell
Project Evaluator; Project Review Unit
Ministry of the Environment and Climate Change
2 St. Clair Avenue West, Floor 12A
Toronto, ON M4V 1L5
Re:
Schedule S' Class Environmental Assessment
Campbellford Water Supply and Distribution System Upgrades
Part II Order: Request for Information
Further to your e-mail, dated April 10, 2015 to Mr. Scott White of the Municipality of Trent Hills
("Municipality"), please find enclosed the requested information, as it relates to the Part II Order request
for the above noted project. J.L. Richards & Associates Limited ("JLR") was retained by the Municipality to
complete the Schedule B Class Environmental Assessment ("Class EA") for the Campbellford Water
Supply and Distribution System Upgrades, and is providing this information on behalf of the Municipality.
In addition to the attachments noted below, we offer the following summary of key dates as it relates to the
Part ll Order for ease of review:
• June 14, 2014: Public Information Centre held to review proposed servicing alternatives
• August 28, 2014: Schedule B Report Filed for 30-day Public Review
• September 27, 2014: First set of comments received from
• February 27, 2015: Response to comments provided to
during which the Class EA was re-opened for
• March 20, 2015: Meeting held with
review until April 3, 2015
• April 3, 2015: Part II Order issued to the MOECC byall11111111111
The following attachments are enclosed, in both a hard copy as well as a CD:
Attachment No. 1:
Completed Proponent Information Requirements Form
Attachment No. 2:
Completed Table A — Proponent Response to Part II Order
Attachment No. 3:
Schedule B Report and Associated Appendices
(provided under separate cover)
Attachment No. 4:
Record of Consultation withall...11111
Attachment No. 5:
Notice of Completion
Attachment No. 6:
Species at Risk Figure
BEST
MANAGED
COMPANIES
Page 133 of 304
.L.Richards
ENCINEERS ARCI,IrrEcTs -PLANNERS
May 7,2015
Our File: 26374
Trevor Bell
Project Evaluator; Project Review Unit
Ministry of the Environment and Climate Change
Attachment No. 7:
Sanitary Sewer System Figure
We trust the enclosed information satisfies the MOECC's information request. Please contact the
undersigned or Mr. Scott White, should you require additional information.
Yours very truly,
J.L. RICHARDS & ASSOCIATES LIMITED
Sarah Gore, P.Eng.
LS:lb/ap
Enclosures
cc:
Scott White, Municipality of Trent Hills
Page 134 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Neil Allanson
Lynn Phillips, Shari Lang
PWK-2015-35
Subject:
Winter Maintenance Sidewalks - Warkworth
BE IT RESOLVED that, Council endorse the recommendation to award the proposal to JA & DA
Thomson Construction Limited in the total amount of $80 per hour for plowing, salting,sanding
sidewalks in Warkworth for year 1, and the right to extend the contract for year 2 and 3 in the total
amount of $82.00.
The purpose of this report is to award the proposal for winter maintenance as required for sidewalks
in Warkworth. There is approximately 5 km's of sidewalks to maintain. The contractor will be available
from November 1, 2015 to April 15, 2015 for 7 days a week, 24 hours a day to perform duties as
called upon. Works are to commence no later than 1 hour from the time of notification. Sand and salt
will be available from Percy Depot.
On Thursday, September 3, 2015 the request for proposal for Winter Maintenance of Sidewalks for
Warkworth 2015 -2016 were received and opened. Present for the tender opening were Deputy
Mayor Bob Crate, Shari Lang Clerk, Neil Allanson Manager of Roads and Urban Services. One bid
was received and met or exceeded the specifications set out in the Request for Proposal. JA & DA
Thomson Construction Limited submitted the bid.
Not Applicable
Page 135 of 304
Sidewalks will be maintained to meet the requirements of the Trent Hills Winter Maintenance Policy
and legislated Minimum Maintenance Standards.
Failure to meet the Trent Hills Winter Maintenance Policy and/or legislated Minimum Maintenance
Standards will result in an increased potential for exposure to liability.
Not Applicable
7. Major Benefits:
•Contractor available 7 days a week, 24 hours a day to perform duties as called upon;
•Ensure compliance with Trent Hills Winter Maintenance Policy and legislated Minimum Maintenance
Standards;
•Reduced potential for exposure to liability related to winter maintenance of sidewalks in Warkworth;
•Improved safety and convenience for pedestrians traveling on sidewalks within Warkworth.
Contractor
JA & DA Construction Ltd.
Description
1. Snow Plow sidewalks in
Warkworth.
Salt sidewalks in Warkworth.
2. Combination of plowing and
salting/sanding sidewalks in
Warkworth.
3. Assisting with snow removal
if required.
Contractor to meet all Trent
Hills requirements of Winter
Control Policy.
Approximately 5 km of
sidewalks to maintain.
Contractor available 7 days a
week, 24 hours a day to
perform duties as called upon.
Works are to commence no
later than one hour from the
time of notification.
Sand and salt will be available
from the Percy Depot.
The terms of the contract will
be from November1, 2015 to
April 15, 2016. The Municipality
reserves the right to extend the
contract for an additional 2
winter seasons. (November 1
to April 15) commencing upon
Cost
Year 1
$80.00 per hour
plowing/salt/snow removal
Year 2
$82.00 /per hour
Year 3
$82.00 /per hour
Page 136 of 304
the execution of this
agreement.
Taxes on above included.
Check applicable
HST
Yes
NO
If approved by Council, staff will notify JA & DA Thomson Construction Limited and advise them on
the decision.
Page 137 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Scott White
Lynn Phillips
PWK-2015-36
Subject:
2015 May, June, July and August Operational Report for
Water and Warkworth Wastewater
BE IT RESOLVED THAT Council receives this report for information purposes.
May, June, July and August operational report for the Campbellford, Warkworth and Hastings drinking
water systems and the Warkworth Wastewater system.
Operational reports provide important information in relation to the operation of each facility as well as
information on capital projects, staff training, DWQMS and MOECC compliance.
N/A
N/A
N/A
N/A
Page 138 of 304
7. Major Benefits:
N/A
N/A
Acceptance of this report by Council will be communicated through the resolution contained in the
meeting minutes.
Page 139 of 304
PUBLIC WORKS DEPARTMENT
WATER DIVISION
MONTHLY REPORT
MAY 2015
OPERATIONS OVERVIEW
YES
Water Treatment
Staff completed weekly operations, sampling, testing and required system maintenance.
Staff completed weekend plant routines, sampling and inspection.
Staff responded to afterhours alarm conditions as required.
Tested all automatic facility shut-down systems and confirmed proper operation.
Weekly microbiological samples were collected on the raw and treated supply as per
Ontario Regulation 170/03.
Collected monthly process wastewater sample to be analyzed for total suspended solids
as per municipal drinking water license.
Tested critical alarms and confirmed signals with Trent Security Systems weekly.
Drive gears and chains were oiled on clarifier drives at the Hastings WTP.
Cleaned/flushed coagulant injection systems with hot water.
Cleaned clarifier tube settlers. (Campbellford and Hastings)
Received bulk delivery of sodium hypochlorite for Warkworth WTP.
Operated emergency standby generators under full load test conditions at each facility on
a weekly basis.
Staff collected and submitted quarterly samples as per O. Reg. 170
Completed quarterly maintenance at all facilities as per schedule.
CAPITAL EXPENDITURES – Treatment
Nothing to Report.
NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
YES
X
NO
OPERATIONS
YES
Water Distribution
Staff collected microbiological samples in the distribution system as per O. Reg. 170.
Monitored chlorine residuals in the distribution system weekly.
Monitored High Street re-chlorination system daily.
Monitored and calibrated chlorine residual analyzers located at the Hastings and
Campbellford water towers.
Staff completed several locates for other utilities.
Staff completed several water re/disconnects.
Staff flushed 150mm service lines at the Business Park in Campbellford.
Staff inspected any fire hydrants used by municipal fire departments.
Water meters were read and repaired as required.
Staff excavated and replaced water service on County Rd. 50
Staff completed the spring fire hydrant and inspection program in Campbellford.
Staff assisted contractor with pressure test of new watermain in Phase 2 of the Batavia
Homes development in Hastings.
X
X
X
X
X
X
X
X
X
X
X
X
NO
Page 140 of 304
CAPITAL EPENDITURES – Distribution
Nothing to Report
YES
X
NO
COMPLIANCE/NON-COMPLIANCE ISSUES
MOECC Inspector was on-site at the Campbellford drinking water system to complete
the 2015 annual compliance inspection.
There were no items of non-compliance identified for the Campbellford, Hastings and
Warkworth drinking water systems.
YES
X
NO
DRINKING WATER QUALITY MANAGEMENT SYSTEM (DWQMS)
Uploaded Operational Plan and Standard Operating Procedures to the NSF International
portal for review prior to the external audit scheduled for July 16, 2015
YES
X
SAFETY & TRAINING
Monthly workplace safety inspections were completed. There was no safety
concerns/issues noted on the most recent inspection report.
Tested emergency lighting and eyewash stations at all facilities monthly.
Staff inspected all fire extinguishers monthly.
MSDS documents updated as necessary.
Scott White, Scott Campbell, Jody Trottman and Jeremy Hinze attended the MOECC
mandatory license renewal course presented by the Walkerton Clean Water Centre
Course. The course was hosted by the Township of Hamilton.
All staff completed the Workers Health and Safety Awareness Course (Public Services
Health and Safety Association)
YES
X
X
NO
NO
X
X
X
X
X
WARKWORTH WASTEWATER SYSTEM
WASTEWATER FLOWS
Amount
Collected
Total
Average
Minimum
Maximum
May 2015
3
M
5,884
190
131
256
May 2014
3
M
10,831
349
200
534
OPERATIONS OVERVIEW
Collected flow data, pump hours and levels daily at the East St. pump station.
Monitored lagoon levels daily.
Collected pump hours from the George St. pump station.
Operated the stand-by generator at the East St. pump station on a weekly basis.
Collected monthly raw sewage samples for chemistry analysis.
Municipal Utility Monitoring Program monthly data collected and submitted to MOECC
Completed release of West lagoon contents. Staff collected required effluent samples
throughout the release and all sample results were well below limits detailed in the
Certificate of Approval.
There were no items of non-compliance in the Warkworth Wastewater System.
YES
X
X
X
X
X
X
X
NO
YES
X
NO
Page 141 of 304
WATER DIVISION
WATER OPERATIONS
REPORT
CAMPBELLFORD
TREATED WATER
CONSUMPTION - (M 3)
May 2015
WARKWORTH
HASTINGS
2015
2014
2015
2014
2015
2014
Total -month
74,625
68,682
5,311
5,040
15,451
15,494
Ave. - daily
2,407
2,216
171
163
498
500
Min. - daily
1,979
1,833
129
121
376
386
Max. - daily
3,131
2,719
334
286
705
716
95,387
89,216
2014
Total Treated Supplied
Campbellford, Warkworth, Hastings
Notes:
CHEMICAL USAGE - (Kg)
2015
2014
2015
2014
2015
SternPAC
2,970
3,003
427
500
754
704
Silicate
203.3
159.1
101.2
68.5
317.1
248.4
68.5
64.9
2015
2014
4,151
4,207
Polymer
Chlorine
Notes:
Total Chemical Usage Month
SternPAC
Silicate
Polymer
Chlorine
305
228
1.73
1.47
402.3
329.3
1.7
1.47
16.7
16.0
Page 142 of 304
WATER DIVISION
MONTHLY REPORT
JUNE 2015
OPERATIONS OVERVIEW
YES
Water Treatment
a weekly basis.
Staff installed maintenance kits in all gas chlorinators, injectors and vacuum regulators at
the Campbellford facility.
Staff removed High lift pump #3 in Hastings to assess for required repairs or
replacement. Little’s Welding and Machine Services are assessing the pump.
Staff experienced some issues with the SCADA system in Warkworth. The new systems
are to be installed at all facilities in July 2015.
Nothing to Report.
NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
YES
X
NO
OPERATIONS
YES
Water Distribution
X
X
X
X
X
X
X
X
X
NO
Page 143 of 304
Staff installed new tee and valve at the intersection of Princess St. and Homewood Ave.
to complete looping of watermain to Bay St. in Hastings
Staff completed flushing, chlorination and pressure testing of new watermain on Princess
St. in Hastings and new service main to Hastings Field House. All sampling and testing
was completed as per applicable regulation.
Staff excavated and repaired leaking water services on Balaclava St. and Grand Rd. in
Campbellford.
Staff also completed asphalt paving of several areas previously excavated for watermain
and service repairs in Hastings and Campbellford.
Staff excavated and repaired a watermain break on Bridge St. south in Hastings.
X
X
X
X
X
Nothing to Report
YES
X
NO
The MOECC drinking water inspector was on-site this month in Warkworth to complete
the annual compliance inspection.
YES
X
NO
QMS rep is updating Operational Plan and SOP’s to reflect recent changes in Top
Management.
YES
X
SAFETY & TRAINING
YES
X
X
NO
NO
X
X
X
WASTEWATER FLOWS
Amount
Collected
Total
Average
Minimum
Maximum
June 2015
3
M
6,293
210
126
311
June 2014
3
M
7,817
261
200
386
OPERATIONS OVERVIEW
YES
X
X
X
X
X
X
X
NO
Staff completed the annual maintenance program on the sewage transfer pumps.
YES
X
NO
Page 144 of 304
WATER DIVISION
WATER OPERATIONS
REPORT
CAMPBELLFORD
TREATED WATER
CONSUMPTION - (M 3)
June 2015
WARKWORTH
HASTINGS
2015
2014
2015
2014
2015
2014
Total -month
70,193
71,145
4,713
5,009
12,283
14,729
Ave. - daily
2,340
2,371
157
167
409
491
Min. - daily
1,971
2,099
134
134
322
348
Max. - daily
2,673
2,686
206
223
568
621
87,189
90,883
2014
Notes:
2015
2014
2015
2014
2015
SternPAC
2,950
3,081
515
513
579
675
Silicate
198.1
155.3
36.8
53.2
279.5
309.8
56.6
73.0
2015
2014
4,044
4,269
Polymer
Chlorine
Notes:
SternPAC
Silicate
Polymer
Chlorine
235
209
1.48
1.51
353.8
399.7
1.5
1.51
17.7
16.9
Page 145 of 304
WATER DIVISION
MONTHLY REPORT
JULY 2015
OPERATIONS OVERVIEW
YES
Water Treatment
a weekly basis.
Nothing to Report.
NO
X
X
X
X
X
X
X
X
X
X
X
X
YES
X
NO
OPERATIONS
YES
Water Distribution
Staff repaired a watermain break on Pellesier St. at Bridge St. West in Campbellford.
Staff completed the water distribution system mainline and hydrant valve maintenance
program.
Repaired several fire hydrants in Campbellford.
Staff excavated and replaced a curbstop, box and operating rod on Bridge St. south in
Hastings.
X
X
X
X
X
X
X
X
X
X
X
X
X
NO
Page 146 of 304
Nothing to Report
YES
X
NO
The Warkworth Drinking Water system MOECC Compliance Inspection report was
received and the overall rating was 100%.
YES
X
NO
NSF International completed the external audit of the Drinking Water Quality
Management System
YES
X
SAFETY & TRAINING
All staff completed a 2 day confined Space Entry course.
Todd Kerr completed the California State University Course – Water Treatment Vol. 1
YES
X
X
NO
NO
X
X
X
X
X
WASTEWATER FLOWS
Amount
Collected
Total
Average
Minimum
Maximum
July 2015
3
M
5,591
180
130
247
July 2014
3
M
6,359
205
124
277
OPERATIONS OVERVIEW
YES
X
X
X
X
X
X
NO
YES
X
NO
Page 147 of 304
WATER DIVISION
WATER OPERATIONS
REPORT
CAMPBELLFORD
TREATED WATER
CONSUMPTION - (M 3)
July 2015
WARKWORTH
HASTINGS
2015
2014
2015
2014
2015
2014
Total -month
74,328
75,536
5,290
4,976
13,120
13,134
Ave. - daily
2,398
2,437
171
161
423
424
Min. - daily
2,140
2,183
130
132
317
320
Max. - daily
2,768
2,854
218
224
522
594
92,738
93,646
2014
Notes:
2015
2014
2015
2014
2015
SternPAC
3,061
3,074
550
551
623
599
Silicate
227.0
170.2
66.7
50.1
298.3
247.7
68.5
64.3
2015
2014
4,234
4,224
Polymer
Chlorine
Notes:
SternPAC
Silicate
Polymer
Chlorine
294
220
1.60
1.59
384.4
328.6
1.6
1.59
17.6
16.6
Page 148 of 304
WATER DIVISION
MONTHLY REPORT
AUGUST 2015
OPERATIONS OVERVIEW
YES
Water Treatment
a weekly basis.
Staff completed quarterly maintenance on mechanical equipment and on
instrumentation.
Staff collected quarterly samples as per O. Reg 170
Nothing to Report.
NO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
YES
X
NO
OPERATIONS
YES
Water Distribution
Staff excavated and replaced a leaking water service on Church St. in Campbellford.
Staff excavated and installed a new service to a vacnt lot on Cromwell St. being
developed.
X
X
X
X
X
X
X
X
X
X
X
NO
Page 149 of 304
Staff replaced the faulty submersible pump at the Percy Boom meter chamber.
Staff are continuing with the mainline and fire hydrant valve maintenance program.
Staff completed quarterly distribution samples as per O. Reg. 170
X
X
X
Nothing to Report
YES
X
NO
Staff reported 2 Adverse Water Quality Incidents to the MOECC Spills Action Centre that
involved chlorine residuals below the minimum level of 0.05 mg/L. One location was in
Hastings on Bridge St. South and the other was on Saskatoon Ave. in Campbellford.
Bothe areas were immediately flushed and chlorine residuals restored to acceptable
levels. Microbiological samples were collected and results indicated levels were 0 for
coliform’s present. Staffs completed written notification to the MOH and MOECC, as well
as submit the required Notice of Resolution documentation. Staff continues to flush and
monitor these locations.
YES
X
NO
Staff completed the Internal Audit of the DWQMS.
Some minor revisions were completed to the Operational Plan and SOP’s.
YES
X
X
SAFETY & TRAINING
Todd Kerr and Jeremy Hinze attended the 2 day Walkerton Clean Water Centre’s
Maintenance Fest.
YES
X
X
NO
NO
X
X
X
X
WASTEWATER FLOWS
Amount
Collected
Total
Average
Minimum
Maximum
August 2015
3
M
5,026
162
95
213
August 2014
3
M
6,171
199
115
260
OPERATIONS OVERVIEW
YES
X
X
X
X
X
X
NO
YES
X
NO
Page 150 of 304
WATER DIVISION
WATER OPERATIONS
REPORT
CAMPBELLFORD
TREATED WATER
CONSUMPTION - (M 3)
August 2015
WARKWORTH
HASTINGS
2015
2014
2015
2014
2015
2014
Total -month
74,705
73,662
5,072
4,579
13,844
12,812
Ave. - daily
2,410
2,376
178
148
447
413
Min. - daily
2,104
2,074
142
128
352
344
Max. - daily
2,735
2,789
200
209
702
505
93,621
91,053
Notes:
2015
2014
2015
2014
2015
2014
SternPAC
3,107
2,901
492
471
691
610
Silicate
229.3
136.3
78.7
45
73.2
57.4
Polymer
Chlorine
297.5
287.9
2015
2014
4,290
3,982
Notes:
SternPAC
Silicate
Polymer
Chlorine
308
181
1.60
1.49
389.8
362.3
1.6
1.49
19.1
17.0
Page 151 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Scott White
Lynn Phillips
PWK-2015-37
Subject:
Campbellford Drinking Water System
Communications
BE IT RESOLVED THAT Council receive this report for informational purposes.
This is an annual program completed by the Ministry of Environment and Climate Change (MOECC)
to ensure compliance with applicable regulations, legislation drinking water licenses and permits.
A Drinking Water Inspection Officer of the MOECC completed an "announced" inspection of the
Campbellford drinking water system commencing on April 15, 2015. The report was received on June
4, 2015. The inspections include a physical examination of the facility, review of all pertinent data
related to compliance of conditions of the system’s drinking water license and permit and other
related regulations. During these inspections Ministry personnel review sampling records, operations
and maintenance manuals, operator certification and training, process drawings, contingency plans,
operational protocols and procedures, log book entries, water quality notices and all data collection
records. Samples of treated and distribution water are also collected at the time of inspection and
analyzed for a variety of parameters including microbiological.
Included in the report is a summary of the inspection itself, a section detailing any non-compliance
issues and actions required and a section related to best practices and recommended actions. Also
included in the report is a section related to Key Reference and Guidance Materials and the
Inspection Rating Report.
Page 152 of 304
I am pleased to report that the Campbellford Drinking Water System received an Inspection Rating of
100.00 %. The full inspection report has been attached with this report for your review.
Below is a description of the main components of the compliance inspection reports:
Drinking Water System Description and Inspection Summary: (pages 3-13) This section provides a
brief description of the system and includes several aspects related to a drinking water system that
are reviewed by the inspecting officer.
Non Compliance with Regulatory Requirements and Actions Required: (Page 14 of the report) This
section details issues found during the inspection that do not comply with applicable regulations
and/or the Certificate of Approval.
Summary of Best Practice Issues and Recommendations: (Page 15) These are recommendations
made by the inspecting officer based on findings of the inspection, but are not necessary to be
compliant with applicable regulations or the drinking water license.
There were no items identified in the inspection report of non-compliance for the Campbellford
Drinking Water System.
There were no items identified in the inspection report of best practices for the Campbellford Drinking
Water System.
N/A
N/A
This report is being conveyed to council as Owners of the drinking water system and as required by
the Water Works Permit, applicable legislation and the Standard of Care legislation.
N/A
7. Major Benefits:
Inspections ensure that Operating Authorities are operating their drinking water systems in
compliance with related legislation, regulations, operating permits and licenses.
N/A
Council acknowledgment of this report will be communicated in a resolution in the meeting minutes.
The report has been posted on the municipal web-site for public review.
Page 153 of 304
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Page 178 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Scott White
Lynn Phillips
PWK 2015-38
Subject:
Warkworth Drinking Water System
BE IT RESOLVED THAT Council receive this report for information purposes.
This is an annual program completed by the Ministry of Environment and Climate Change (MOECC)
to ensure compliance with applicable regulations, legislation, drinking water licenses and permits.
A Drinking Water Inspection Officer of the MOECC completed an "announced" inspection of the
Warkworth drinking water system commencing on June17, 2015. The final report was received
August 5, 2015. These inspections include a physical examination of the facility, a review of all
pertinent data related to compliance of conditions of the systems drinking water license and permit
and other related regulations. During these inspections, ministry personnel review sampling records,
operations and maintenance manuals, operator certification and training, process drawings,
contingency plans, operational procedures, log book entries, water quality notices and all data
collection records.
Included in the report is a summary of the inspection (pages 3-14), a section detailing any noncompliance issues and actions required (page 15) and summary of best practices (16). There were
no items identified as being in non-compliance during the inspection or best practices noted. Also
included is a section related to Key Reference and Guidance Materials and the Inspection Rating
Report.
Page 179 of 304
I am pleased to report that the Warkworth drinking water system received an Inspection Rating of
100%.
N/A
N/A
This report is being conveyed to council as Owners of the drinking water system and as required by
the Water Works Permit and other applicable legislation.
N/A
7. Major Benefits:
Inspections ensure that operating authorities are operating their drinking water systems in compliance
with applicable legislation, regulations, operating permits and licenses.
N/A
Council's acceptance of this report will be communicated through a resolution contained in the
meeting minutes. The compliance report has also been posted on the municipal web-site for public
review.
Page 180 of 304
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Page 206 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Scott White
Lynn Phillips
PWK-2015-39
Subject:
Staff Report PWK 2015-39 - 2015 DWQMS Internal and
External Audit Reports
Communications
BE IT RESOLVED that council accept the 2015 internal and external audits for the Quality
Management Standard for information purposes.
This purpose of this report is to keep council informed of the municipal Quality Management Standard
(QMS) and if the program is compliant with Ontario's Drinking Water Quality Management Standard
(DWQMS).
Justice O'Connor, in Part Two of the Report of the Walkerton Inquiry, recommended the adoption of
quality management systems for municipal drinking water systems. It was further recommended that
a quality management standard specifically designed for drinking water systems be developed and
implemented in Ontario. This lead to the creation of the DWQMS mandated through the safe
Drinking Water Act (SDWA). Municipalities must develop and operate their drinking water systems in
conformance with their QMS in order to be an Accredited Operating Authority within in the province of
Ontario. Accreditation is one of five (5) elements that must be met in order to be Licensed as an
Operating Authority. The other elements are a Drinking Water Works Permit (DWWP), a Permit to
take Water (PTTW), an Operational Plan and a financial Plan. The Municipality of Trent Hills had
previously met all of these conditions and received its Operating Licenses in 2010.
Page 207 of 304
Annually, an Internal and External audit must be completed on the Trent Hills QMS. Although the
internal audit can be completed in house, not all elements of the standard can be can be audited by
staff. Currently, Trent Hills contracts Peterborough Utilities Services Inc. (PUSI) to complete the
internal audit. The External audit must be completed by an accreditation body recognized by the
province. Our external audits are currently completed by NSF International Strategic Registrations.
Attached to this report are the 2015 Internal Audit completed by PUSI and the External Audit
completed by NSF ISR. The internal audit resulted in three (3) "Opportunities for Improvement". The
external audit resulted in one (1) "Minor Non-conformance" and three (3) "Opportunities for
Improvement". Theses items have all been addressed by staff.
N/A
N/A
Owners of municipal drinking water systems must implement and maintain a Quality Management
Standard that conforms to Ontario's Drinking Water Quality Management Standard to maintain
accreditation as an Operating Authority in the province.
N/A
7. Major Benefits:
N/A
N/A
Acceptance of this report will be detailed in a resolution by council and recorded in the meeting
minutes. The audit reports will be posted on the municipal web-site for the public to view.
Page 208 of 304
TH15-01
PETERBOROUGH UTILITIES SERVICES INC.
INTERNAL AUDIT REPORT #
15-01
AUDITOR
Patricia Skopelianos
AUDIT DATE
PURPOSE
August 18-19th, 2015
The purpose of the internal audit is to obtain objective evidence of the Municipality of
Trent Hills compliance to the Drinking Water Quality Management Standard (DWQMS)
as documented in the Operational Plan.
SCOPE
Elements 1-21
REFERENCE DOCUMENTS
Drinking Water Quality Management Standard - June 2007
Trent Hill Operational Plan –August 13, 2015
Standard Operating Procedures (SOP) as described
Previous Audits Reviewed – TH14-01
External Audit Report NSF #C0121387 Aug 8, 2015
STAFF AUDITED
Lynn Phillips, Chief Administrative Officer (CAO)
Scott White, General Manager of Infrastructure Renewal & Public Works Admin.
Scott Campbell, QMS Representative
Glen Brown, Maintenance Operator
Jeremy Hinze, Operator
SUMMARY
The internal audit conducted on August 18-19th, 2015 was the annual internal audit for
the DWQMS. The Operational Plan and associated SOP were well documented and in
accordance with the Standard. The understanding of the procedures was extensive
throughout the operational staff. The DWQMS is well implemented and used as a
normal part of the business process. The overall compliance is suitable and the
implementation has been effective.
Page 209 of 304
Element 1
Quality Management System
Reference Documents:
Element 2
Element 3
Element 4
Compliant
Operational Plan Section 3.0
Municipal Resolution #512
QMS Representative
Compliant
Commitment and Endorsement
Compliant
Quality Management System Policy
TH15-01
Compliant
The Water Distribution/Treatment Plant Head Operator has been assigned the role of
the QMS Representative as outlined in the Operational Plan.
Element 5
Document & Record Control
SOP-09 Documents and Records Control
Comment: The SOP-09 only requires that the obsolete version of the Operational
Plan be kept; this does not include obsolete SOP’s and form.
Opportunity for Improvement:
The Deputy Clerk, Emergency Planner is listed a
receiving a copy of the Operational Plan, this job has changed and all DWQMS
documents were forwarded to the Fire Chief. It should be determined if this extra set of
DWQMS documentation is required.
Element 6
Drinking Water System
Element 7
Risk Assessment Procedure
Compliant
SOP-01 Risk Assessment
The last Risk Assessment was completed on October 1, 2014
Compliant
Page 210 of 304
TH15-01
3
Element 8
Risk Assessment Outcomes
Element 9
Element 10
Element 12
Element 13
Element 14
Compliant
SOP-08 Communication
Essential Supply & Services
Compliant
SOP-02 Personnel Coverage
Communication
Compliant
SOP-11
Personnel Coverage
Compliant
SOP-02 Personnel Coverage
Competencies
Reference Documents
Element 11
SOP-01 Risk Assessment
SOP-14 CCP – Primary Disinfection
SOP-15 CCP – Secondary Disinfection
SOP-16 CCP – Filter Water Turbidity
SOP-17 CCP – Coagulant
Organizational Structure, Roles, Responsibilities
& Authorities
Compliant
Compliant
SOP-13 Chemical Deliveries to the WTP
SOP-03 Essential Supplier and Services
Review and Provision of Infrastructure
SOP-12 DWQMS Infrastructure
Opportunity For Improvement
The estimates should be incorporated in to the budget
excel spreadsheet and kept current. This would allow the tracking of progress for
infrastructure projects.
Page 211 of 304
TH15-01
4
Element 15
Infrastructure Maintenance, Rehabilitation and
Renewal
Element 16
Element 17
Compliant
SOP-04 Sampling & Monitoring Procedure
Emergency Management
Compliant
SOP-05 Procedure to Respond to Adverse Water Quality
Results
SOP-04 Sampling & Monitoring
Measurement & Recording Equipment Calibration
Maintenance
Element 18
SOP-12 DWQMS Infrastructure
Sampling, Testing and Monitoring
Compliant
Compliant
SOP-13 Sampling & Monitoring Procedure
The last emergency planning and testing was on Oct 2, 2014
Element 19
Internal Audit
Compliant
SOP-07 Internal Audit
Last internal audit was completed on August 26-27, 2014.
Element 20
Management Review
SOP-06 Management Review
Opportunity for Improvement:
The QMS Representative should consider the timing
of the Management Review, the last Management Review was held on September 2,
2014. It was a review of the 2013 calendar year. This long lag time for review and
could impact meaningful Review.
Page 212 of 304
TH15-01
5
Element 21
Continual Improvement
SOP-10 Continual Improvement
CLOSING SUMMARY
Corrective Action Issued
Opportunities for Improvements
Comments
0
3
1
Compliant
Page 213 of 304
The Corporation Of The Municipality Of Trent Hills
66 Front Street South
Campbellford, Ontario K0L 1L0 CAN
C0121387
Audit Type
DWQMS System Audit
Auditor
Rose Johnson
Standard
Ontario's Drinking Water Quality Management Standard
(Exp Date: 22-JUL-2017)
Recommendation
Ontario's Drinking Water Quality Management Standard : DWQMS System Audit Complete No
Change to Certificate
Page 214 of 304
Executive Summary
Ontario's Drinking Water Quality
Management Standard
There is continued strong evidence of commitment to the Ontario DWQMS
Standard at the Municipality of Trent Hills. System strengths include internal
communication / participation, documentation and records management. There
was one minor nonconformance identified during this audit which requires a
response using NSF Online. Opportunities for Improvement (OFIs) do not require
a formal response, but are submitted for your consideration. Thank you for your
support and cooperation during the audit, and for choosing NSF-ISR as your
DWQMS certification body.
Opportunities
Ontario's Drinking Water Quality
Management Standard
See below.
Corrective Action Request Summary By Type
Car Type
MINOR
Car Count
1
Corrective Action Request Summary By Standard Clause
Standard Clause
Management Review
Car Count
1
Corrective Action Requests
CAR No
J0445084-1
Type
MINOR
Standard & Clause
DWQMS, Management Review
Discussed with Scott Campbell
Auditor Name
Rose Johnson
DO - Top Management shall implement and conform to the procedure and shall:... c)
provide a record of any decisions and action items related to the management review
including the personnel responsible for delivering the action items and the proposed
timelines for their implementation...
Statement of Nonconformity The management review process is not fully effective.
Statement of Requirement
Objective Evidence
Location of Finding
There is no evidence available to demonstrate that proposed timelines are recorded for
management review action items.
Management Review Minutes - September 2, 2014
Corrective Action Information and Instructions
See NSF-ISR Policies for Accredited Registration Services for corrective action information and instructions. (Available in
the "Standards and Policies" section of NSFOnline)
Also, submit all corrective actions through NSFOnline. For instructions on how to use NSFOnline, please click "Help" in
the upper right-hand corner. If you require any assistance in accessing your NSFOnline account, please contact your
Registration Specialist (Anastasia Hryciw de Reijke email: [email protected]).
Site Information
Industry Codes
IAF - QMS:27
Scope of Registration
Ontario's Drinking Water Quality Management Standard : Campbellford Drinking Water System, 150-OA1, Entire Full
Scope Accreditation
NSF International Strategic Registrations | www.nsf-isr.org
8/7/2015
2|7
Page 215 of 304
Opportunities for Improvements
Ontario's Drinking Water Quality Management Standard
Opportunity
Opportunities for
Improvements
(DWQMS)-01
Observations / Auditor Notes
Location of OFI
SOP-01 Risk Assessment / Records;
Discussed With
Scott Campbell;
Description
The risk assessment process was found to be effectively implemented.; Consideration
should be given to clarifying the process to ensure reliability and redundancy of equipment
is assessed.
Opportunities for
Improvements
(DWQMS)-02
Location of OFI
Essential Supplier Records;
Discussed With
Scott Campbell;
Description
DWQMS requirements relating to Essential Supplies / Services were found to be
effectively addressed.; Consideration should be given to streamlining documentation to
reduce duplication of essential supplier lists (currently contained in Operational Plan, SOP03 as well as separate listing).
Opportunities for
Improvements
(DWQMS)-03
Location of OFI
Continual Improvement / CAR Process;
Discussed With
Scott Campbell;
Description
The process for continual improvement / corrective action was found to be effectively
implemented.; Consideration should be given to reviewing the Corrective Action Request
form to incorporate step for identification of root cause.
General Information
Operating Authority: Legal Name & Address
Language Preference: Correspondence
Language Preference: Audit
Owner: Legal Name and Address
Owner Language Preference: Correspondence
Owner Language Preference: Audit
Applicant Representative Information; Include Name, Title, Phone,
Fax, Email & Website
Accreditation Option
Date of Previous Systems Audit:
The Corporation of the
66 Front Street South,
Campbellford, ON K0L
1L0
English
English
The Corporation of the
66 Front Street South,
Campbellford, ON K0L
1L0
English
English
Scott Campbell, Senior
Operator / QMS
Representative
Tel: 705-653-2382 / Cell:
705-653-7141;
Scott.Campbell@trenthills.
ca; www.trenthills.ca
Full Scope - Entire
DWQMS
October 28, 2013
8/7/2015
3|7
Page 216 of 304
Date of Previous On-Site Verification Audit:
July 17-18, 2014
Processes
8/7/2015
4|7
Page 217 of 304
Summary of Findings
Requirement
Finding
1. Quality Management System
2. Quality Management System Policy
3. Commitment and Endorsement
4. Quality Management System Representative
5. Document and Record Control
6. Drinking-Water System
7. Risk Assessment
8. Risk Assessment Outcomes
9. Organizational Structure, Roles, Responsibilities, and Authorities
10. Competencies
11. Personnel Coverage
12. Communications
13. Essential Supplies and Services
14. Review and Provision of Infrastructure
15. Infrastructure Maintenance, Rehabilitation & Renewal
16. Sampling, Testing & Monitoring
17. Measurement & Recording Equipment, Calibration & Maintenance
18. Emergency Management
19. Internal Audits
20. Management Review
21. Continual Improvement
C
C
C
C
C
C
OFI
C
C
C
C
C
OFI
C
C
C
C
C
C
Mn
OFI
Major Non-Conformity. The auditor has determined one of the following:
Mj
Mn
OFI
C
*
(a) a required element of the DWQMS has not been incorporated into a QMS:
(b) a systemic problem with a QMS is evidenced by two or more minor conformities; or
(c) a minor non-conformity identified in a corrective action request has not been remedied.
Minor Non-Conformity. In the opinion of the auditor, part of a required element of the DWQMS has not
been incorporated satisfactorily into a QMS.
Opportunity for Improvement. Conforms to requirement, but there is opportunity for improvement.
Conforms to requirement.
Not Applicable to this audit
Additional Comment added by auditor in the body of the report.
8/7/2015
5|7
Page 218 of 304
Process Matrix
8/7/2015
6|7
Page 219 of 304
8/7/2015
7|7
Page 220 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Tim Blake
Lynn Phillips
THF 2015-25
Subject:
Re: July Monthly Report
Business Growth
BE IT RESOVLED That Council receives Staff Report THF-2015-25 as information.
Municipality of Trent Hills Fire Department Monthly Report.
Council has requested a monthly report on Departmental activities.
none
none
none
none
Page 221 of 304
7. Major Benefits:
Council has current information regarding Fire Department activities.
none
Firefighters/Officers will be advised through e-mails, training, and Station Meetings.
Municipality of Trent Hills Fire Department
Monthly Report
July 2015
 There were 37 calls for ambulance assists / vehicle accidents within the month of July 2015; 8 calls for medical assistance to
medical crew, 18 calls for ambulance delay, 1 call canceled en-route to incident, 1 call for assistance not required by ambulance, 1
call for assistance (false alarm) not required by patient from ambulance crew or fire crews, and 8 calls for lift assist to ambulance
crew.
 This month’s training addressed Confined Space.
Confined Space
Training
Page 222 of 304
 A Technical Level Training recertification course was completed at the Alma Works Depot on July 18th 2015. The course was
attended by Firefighters from the Trent Hills Technical Rescue Team as well as Firefighters from Station #1 and #2. The course is
designed to ensure Technical Rescue Teams Members have retained the required knowledge and skills required to be a member of
the Technical Rescue Team. Firefighters in attendance from Station #1 and #2 assisted the Technical Team with ropes, belay,
carabineers, air supply etc. The Firefighters shall be registered in an Operation Course when one becomes available in the area. The
requirements for a Technical Team member is in-house evaluations with their peers each year and every three years with a third
party Instructor to qualify for recertification. The Team Members completed the day course which include Technical recertification of
peers portion on Saturday. The Course tests the Team Member in various scenarios from Incident Commander, Air Supply, Entry
Team, Rapid Intervention Team, Accountability Officer, Entry Control Officer, and Safety Officer etc. Each member shall become
proficient in all areas to obtain certification. The Technical Team will train with the Firefighters who completed the
Awareness/Operation level to ensure their skills are up to current standards. As we move forward with shared services, the Technical
Team will have members from all seven Departments within the County share resources and training costs.
Monthly Report
 Thank you to the Trent Hills Public Works Crew Alma Depot for their assistance in building the training simulator. The Public
Works Crew worked with the Technical Team leaders to construct the simulator. The setup will be utilized for future training which
will involve public works and fire crews in a scenario in which public works is working in a confined space and becomes trapped
and requires rescue from the Fire Department. This will enable us to cross train and ensure rescue equipment is capable with
each department.
Page 223 of 304
Confined
Space
Training
Simulator
Monthly Report
 The Trent Hills Fire Prevention Committee held four Fire Prevention events throughout the month of July. All three Stations participated
in Canada Day events throughout Trent Hills.
 Station 1 Campbellford/Seymour attended the Old Mill Park where Sparky opened the day by leading the Teddy Bear parade.
Pumper/Rescue 670 was on hand to demonstrate the use of extrication equipment and hand out fire safety information.
 Station 2 Hastings along with their spouses held an Open House and vehicle extrication demonstration. Firefighter's performed a
vehicle extrication on a vehicle donated by Browns Auto Wrecker. A special thank you to Station wives, girlfriends and families for
their assistance for this event. Thank you to Browns Auto Wreckers for their continued support of the Trent Hills Fire Department.
Each year Browns donates, and sets up the vehicle to simulate vehicle accidents.
 Station 3 Warkworth held a BBQ and fire safety information session in Warkworth at Mill Creek Park as part of their Communities
events. A portable pump was on hand for kids to operate a hose line.
Station Vehicle
Extrication
Page 224 of 304
Station 1 Old
Mill Park
Canada Day
Parade
Monthly Report
Page 225 of 304
Volunteer firefighters Derek Robertson and Paul Dawson hosted some rather special visitors on Tuesday, July 14, at the Campbellford
historic Fire Station. The old red brick portion of the Station at 58 Saskatoon Avenue, which was built in 1889, is where Helen Meyers
(née Coxwell) was born on August 9, 1915, just 26 years after the hall was constructed. Visiting the fire station on this day was also a
special treat for Helen’s great-granddaughter Anna McGuire of Montreal who was celebrating her third birthday. Apparently Anna loves
fire trucks and was thrilled when she heard she was going to the Campbellford Fire Station with her great-grandmother on her birthday.
Tours of the fire hall for school children and other visitors are often a one-way conversation with firefighters explaining the various uses
of equipment they have on their fire trucks and stored around the hall. In this case these volunteer firefighters especially enjoyed the visit
as Helen recounted many of her memories of their station from close to 100 years ago. A great deal of the history of the hall was
revealed which none of the firefighters had ever heard before.
“Helen's grandmother and grandfather Edward and Elizabeth Plummer lived in the apartment over the Fire Station and I was born in the
station,” said Helen. “That was in the days when children were mostly born at home. Helen's grandfather took care of the Fire Station
and the waterworks for the town and that was why he and grandma lived in the apartment above the Fire Station. Helen's father Hylton
Coxwell and mother Violet had recently moved to Campbellford from Toronto, where Helen's mother had gone to work to be a
pharmacist and met her dad. Helen believe they were living in the stone house just across the street when I was born.” Today the
second floor apartment in the fire hall is much the same as it was 100 years ago except that it is now used as a meeting room with
offices for the firefighters and their computers. The kitchen overlooking the Trent Canal at the back is much the same as Helen recalls it
with high ceilings and a great view of the river out the window. When asked if she would like to go upstairs and see her grandparents’
old apartment Helen was quick to answer “I sure would!” With that Derek and Paul mixed a bit of their training with the extended tour.
Helen was soon secured in a rescue chair and the two volunteer firefighters easily elevated
her safely up the well-worn wooden stairs to the second floor where they toured her from
room to room as she explained to them how the place was laid out when her grandparents
lived there. In the large room facing the street there is also quite a collection of photographs
of the volunteer firefighters and their trucks from the past. When closely examined Helen
could recognize many of the former firefighters like Laurie Nesbitt and Doug Pickering to name
a couple of her contemporaries. The days when horses were housed in the ground floor
portion of the fire hall are long gone but memories of the place of her birth are still very vivid in
Helen’s memory. With several members of her family present she freely shared a glimpse of
the past with them and Derek and Paul, who were very generous with their time on this day.
All of the kids present were given a fire safety kit bag which included a bright red fireman’s
hat so at Anna’s birthday party later that day Helen had a big smile on her face as she was
surrounded by several tiny firemen running around her.
As the tour concluded Derek Robertson assured Helen that since she shared so much of the
history of their station, which was unknown to them until this day, her picture would soon be
added to that historic collection in the fire hall with a record other birth there back in 1915.
Monthly Report
 The Trent Hills Fire Department Station #1 and #2 assisted with the grand open of the Hastings Field House. Firefighters and their
wives assisted with parking and entry into the new facility
Parking
Authority
Ribbon
Cutting
Page 226 of 304
Trent Hills Fire Works setup July 1, 2015
Hastings Fire Works Committee, with assistance from
Trent Hills Firefighters put on another spectacular Fire
Works Display.
Campbellford Volunteer Firefighters Derek Robertson with Helen
Meyers and her family in what was once her apartment above
their Fire Station where Helen was born on August 9, 1915.
Monthly Report
Page 227 of 304
Monthly Report
Northumberland County Paramedics Donate Automated External Defibrillator (AEDs)
Trent Hills July 2015, Northumberland County Paramedics donated an Automated External Defibrillator (AED) to the Forrest Dennis
Centre. The donations are part of an initiative to raise awareness of the importance of CPR knowledge and AED ownership.
“These AED donations demonstrate the Paramedics continued dedication to improving and protecting the lives of Northumberland
County communities. More than 40,000 Canadians die of sudden cardiac arrest each year. Those first minutes for someone suffering a
cardiac event are vital” says William Deltor, Supervisor for the Northumberland County Paramedics Services.
Thank you to the Northumberland County Paramedics for this donation and for the excellent service they provide throughout
Northumberland County each and every day.
Defibrillator
Training
Firefighter/Medic Anthony Langsford attended the Forrest Denis Centre and conducted a training session with the senior club on the use
of the recently donated Automated External Defibrillator (AED). According to Anthony Langsford, “Using an AED coupled with CPR can
considerably improve the chance of survival and quality of life following a sudden cardiac event, which is why we’d like to see more
AEDs in public locations and more people armed with the necessary skills to respond”
Thank you to Anthony for his assistance in the implementation of this AED, and his continued support and training of the Trent Hills Fire
Department First Responder Program.
Page 228 of 304
Defibrillator
Donation
Ceremony
Monthly Report
Keep your family safe with a working smoke alarm in
every bedroom.
Did you know that roughly half of home fire deaths result from
fires reported between 11 p.m. and 7 a.m., when most people
are asleep?
When it comes to smoke alarms, it’s about “location, location,
location”.
Smoke alarms save lives. If there is a fire in your home, smoke
spreads fast and you need smoke alarms to give you time to
get out. In fact, having a working smoke alarm cuts the
chances of dying in a reported fire in half!
The Trent Hills Fire Prevention Team is excited to share this important
information so everyone better understands the life-saving value of home smoke
alarms.
Fire Chief
Tim Blake
Tim Blake
Coming Events
 Warkworth Firefighters association Raffle.
 1st prize - 55" RCA TV (donated by Walmart Trenton)
 2nd prize - Sthil Chain Saw Value $300.00 ($160.00 donated towards the purchase by Thompson Farm Supply)
 3rd prize - Christmas Hamper Value $150.00 (donated by Glover's Farm Market)
 Warkworth Fair September 11, 12, 13, 2015
 Fire Prevention Week 2015 - THEME FOR FIRE PREVENTION WEEK, OCTOBER 4-10, 2015
“HEAR
THE BEEP WHERE YOU SLEEP: EVERY BEDROOM NEEDS A WORKING SMOKE ALARM”
Page 229 of 304
The key message of this year's Fire Prevention Week campaign, October 4-10,
is to install smoke alarms in every bedroom, outside each separate sleeping
area, and on every level of your home, including the basement. Larger homes
may need more alarms.
Monthly Report
2015
226
75
75
Total Station 1
Total Station 2
Total Station 3
2014
210
77
68
2013
263
70
82
2012
279
103
89
2011
264
89
96
2010
262
90
75
Total Station 1
Total Station 2
Total Station 3
Poly. (Total Station 1)
2015
2014
2013
2012
2011
2010
Page 230 of 304
300
290
280
270
260
250
240
230
220
210
200
190
180
170
160
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
0
Monthly Report
Trent Hills Fire Stations
Total Station 1
Total Station 2
Total Station 3
2015
226
75
75
plus/minus
16
-2
7
2014
210
77
68
plus/minus
-53
7
-14
2013
263
70
82
plus/minus
-16
-33
-7
2012
279
103
89
plus/minus
15
14
-7
2011
264
89
96
plus/minus
2
-1
21
2010
262
90
75
Total Station 3, 75, 20%
Total Station 1
Total Station 3
Page 231 of 304
Total Station 2
Monthly Report
2015
2014
2013
Page 232 of 304
235
230
225
220
215
210
205
200
195
190
185
180
175
170
165
160
155
150
145
140
135
130
125
120
115
110
105
100
95
90
85
80
75
70
65
60
55
50
45
40
35
30
25
20
15
10
5
0
Monthly Report
Trent Hills Fire Station All
Incidents 2015
plus/minus
2014
plus/minus
2013
plus/minus
2012
plus/minus
2011
plus/minus
2010
221
6
3
14
8
17
2
0
2
0
204
4
3
12
8
16
-3
1
-5
-42
188
7
2
17
50
-5
4
-2
-6
47
193
3
4
23
3
8
-4
4
13
-38
185
7
0
10
41
-11
0
-5
-11
40
196
7
5
21
1
Pre-Fire
Conditions/includes rekindle
4
-3
7
-1
4
-2
-3
14
0
-5
-23
7
7
2
2
8
2
-7
-11
5
1
1
2
22
2
1
19
21
12
3
7
29
5
0
13
26
5
0
3
2
3
1
-11
-4
8
3
5
8
2
6
42
14
-4
1
5
24
5
2
8
17
1
5
21
3
7
24
21
0
1
2
-3
-4
-4
-6
1
4
19
6
11
28
27
1
-1
2
2
-3
5
0
1
-1
-2
4
2
1
0
5
1
-4
5
21
0
21
-4
20
21
6
2
5
2
-4
0
-11
-4
1
41
11
4
30
4
2
8
1
5
-1
3
2
11
2
9
-6
11
-4
15
5
10
0
0
0
0
76
31
45
11
34
0
-3
3
-2
-7
8
3
21
6
355
1
-60
9
7
0
1
9
376
10
12
449
5
449
-4
22
9
427
Paper or Garbage Fire
Chimney Fire
Vehicle Accidents
Vehicle Fires
Police Assist
Public Assist
Burn Complaints
Drowning, Water
Rescue
Animal Rescue
Automatic Alarms/False
Alarm
Human Perceived
Fuel, Oil Spills etc.
Carbon Monoxide, Gas
Leak
Assist Trent Hills
Department
Automatic Aid
Agreements
Mutual Aid
Total
0
2
25
9
2
15
0
5
5
415
0
-2
-21
-3
6
29
-12
0
-3
-5
5
0
4
-76
-5
-7
-34
Page 233 of 304
Ambulance Assist
Structure Fires
Contents Fire
Grass/Brush Fires
Hydro Pole Fire
Monthly Report
Trent Hills Medical Incidents 2015
Lift Assist, 30, 14%
Medical Assistance
to Ambulance Crew ,
39, 18%
No Assistance
Required False
Report, 3, 1%
Page 234 of 304
No Medical Aid
Required to Patient,
39, 18%
Ambulance Delay,
107, 48%
Call Canceled
Enroute, 3, 1%
Trent Hills Fire Department 2015
Medical Assistance to Ambulance Crew
Ambulance Delay
Call Canceled En-route
No Medical Aid Required to Patient
No Assistance Required False Report
Lift Assist
Total
39
107
3
39
3
30
221
plus/minus
-22
29
-2
5
-1
8
14
2014
61
78
5
34
4
22
207
plus/minus
78
-6
4
3
2
5
20
2013
52
84
1
31
2
17
187
plus/minus
plus/minus
Monthly Report
July 2015
 There were 37 calls for ambulance assists / vehicle accidents within the month of July 2015; 8 calls for medical assistance to
medical crew, 18 calls for ambulance delay, 1 call canceled en-route to incident, 1 call for assistance not required by ambulance, 1
call for assistance (false alarm) not required by patient from ambulance crew or fire crews, and 8 calls for lift assist to ambulance
crew.
 This month’s training addressed Confined Space.
Confined Space
Training
Page 235 of 304
 A Technical Level Training recertification course was completed at the Alma Works Depot on July 18th 2015. The course was
attended by Firefighters from the Trent Hills Technical Rescue Team as well as Firefighters from Station #1 and #2. The course is
designed to ensure Technical Rescue Teams Members have retained the required knowledge and skills required to be a member of
the Technical Rescue Team. Firefighters in attendance from Station #1 and #2 assisted the Technical Team with ropes, belay,
carabineers, air supply etc. The Firefighters shall be registered in an Operation Course when one becomes available in the area. The
requirements for a Technical Team member is in-house evaluations with their peers each year and every three years with a third
party Instructor to qualify for recertification. The Team Members completed the day course which include Technical recertification of
peers portion on Saturday. The Course tests the Team Member in various scenarios from Incident Commander, Air Supply, Entry
Team, Rapid Intervention Team, Accountability Officer, Entry Control Officer, and Safety Officer etc. Each member shall become
proficient in all areas to obtain certification. The Technical Team will train with the Firefighters who completed the
Awareness/Operation level to ensure their skills are up to current standards. As we move forward with shared services, the Technical
Team will have members from all seven Departments within the County share resources and training costs.
Monthly Report
 Thank you to the Trent Hills Public Works Crew Alma Depot for their assistance in building the training simulator. The Public
Works Crew worked with the Technical Team leaders to construct the simulator. The setup will be utilized for future training which
will involve public works and fire crews in a scenario in which public works is working in a confined space and becomes trapped
and requires rescue from the Fire Department. This will enable us to cross train and ensure rescue equipment is capable with
each department.
Page 236 of 304
Confined
Space
Training
Simulator
Monthly Report
 The Trent Hills Fire Prevention Committee held four Fire Prevention events throughout the month of July. All three Stations participated
in Canada Day events throughout Trent Hills.
 Station 1 Campbellford/Seymour attended the Old Mill Park where Sparky opened the day by leading the Teddy Bear parade.
Pumper/Rescue 670 was on hand to demonstrate the use of extrication equipment and hand out fire safety information.
 Station 2 Hastings along with their spouses held an Open House and vehicle extrication demonstration. Firefighter's performed a
vehicle extrication on a vehicle donated by Browns Auto Wrecker. A special thank you to Station wives, girlfriends and families for
their assistance for this event. Thank you to Browns Auto Wreckers for their continued support of the Trent Hills Fire Department.
Each year Browns donates, and sets up the vehicle to simulate vehicle accidents.
 Station 3 Warkworth held a BBQ and fire safety information session in Warkworth at Mill Creek Park as part of their Communities
events. A portable pump was on hand for kids to operate a hose line.
Station Vehicle
Extrication
Page 237 of 304
Station 1 Old
Mill Park
Canada Day
Parade
Monthly Report
Page 238 of 304
Volunteer firefighters Derek Robertson and Paul Dawson hosted some rather special visitors on Tuesday, July 14, at the Campbellford
historic Fire Station. The old red brick portion of the Station at 58 Saskatoon Avenue, which was built in 1889, is where Helen Meyers
(née Coxwell) was born on August 9, 1915, just 26 years after the hall was constructed. Visiting the fire station on this day was also a
special treat for Helen’s great-granddaughter Anna McGuire of Montreal who was celebrating her third birthday. Apparently Anna loves
fire trucks and was thrilled when she heard she was going to the Campbellford Fire Station with her great-grandmother on her birthday.
Tours of the fire hall for school children and other visitors are often a one-way conversation with firefighters explaining the various uses
of equipment they have on their fire trucks and stored around the hall. In this case these volunteer firefighters especially enjoyed the visit
as Helen recounted many of her memories of their station from close to 100 years ago. A great deal of the history of the hall was
revealed which none of the firefighters had ever heard before.
“Helen's grandmother and grandfather Edward and Elizabeth Plummer lived in the apartment over the Fire Station and I was born in the
station,” said Helen. “That was in the days when children were mostly born at home. Helen's grandfather took care of the Fire Station
and the waterworks for the town and that was why he and grandma lived in the apartment above the Fire Station. Helen's father Hylton
Coxwell and mother Violet had recently moved to Campbellford from Toronto, where Helen's mother had gone to work to be a
pharmacist and met her dad. Helen believe they were living in the stone house just across the street when I was born.” Today the
second floor apartment in the fire hall is much the same as it was 100 years ago except that it is now used as a meeting room with
offices for the firefighters and their computers. The kitchen overlooking the Trent Canal at the back is much the same as Helen recalls it
with high ceilings and a great view of the river out the window. When asked if she would like to go upstairs and see her grandparents’
old apartment Helen was quick to answer “I sure would!” With that Derek and Paul mixed a bit of their training with the extended tour.
Helen was soon secured in a rescue chair and the two volunteer firefighters easily elevated
her safely up the well-worn wooden stairs to the second floor where they toured her from
room to room as she explained to them how the place was laid out when her grandparents
lived there. In the large room facing the street there is also quite a collection of photographs
of the volunteer firefighters and their trucks from the past. When closely examined Helen
could recognize many of the former firefighters like Laurie Nesbitt and Doug Pickering to name
a couple of her contemporaries. The days when horses were housed in the ground floor
portion of the fire hall are long gone but memories of the place of her birth are still very vivid in
Helen’s memory. With several members of her family present she freely shared a glimpse of
the past with them and Derek and Paul, who were very generous with their time on this day.
All of the kids present were given a fire safety kit bag which included a bright red fireman’s
hat so at Anna’s birthday party later that day Helen had a big smile on her face as she was
surrounded by several tiny firemen running around her.
As the tour concluded Derek Robertson assured Helen that since she shared so much of the
history of their station, which was unknown to them until this day, her picture would soon be
added to that historic collection in the fire hall with a record other birth there back in 1915.
Monthly Report
 The Trent Hills Fire Department Station #1 and #2 assisted with the grand open of the Hastings Field House. Firefighters and their
wives assisted with parking and entry into the new facility
Parking
Authority
Ribbon
Cutting
Page 239 of 304
Trent Hills Fire Works setup July 1, 2015
Hastings Fire Works Committee, with assistance from
Trent Hills Firefighters put on another spectacular Fire
Works Display.
Campbellford Volunteer Firefighters Derek Robertson with Helen
Meyers and her family in what was once her apartment above
their Fire Station where Helen was born on August 9, 1915.
Monthly Report
Page 240 of 304
Monthly Report
Northumberland County Paramedics Donate Automated External Defibrillator (AEDs)
Trent Hills July 2015, Northumberland County Paramedics donated an Automated External Defibrillator (AED) to the Forrest Dennis
Centre. The donations are part of an initiative to raise awareness of the importance of CPR knowledge and AED ownership.
“These AED donations demonstrate the Paramedics continued dedication to improving and protecting the lives of Northumberland
County communities. More than 40,000 Canadians die of sudden cardiac arrest each year. Those first minutes for someone suffering a
cardiac event are vital” says William Deltor, Supervisor for the Northumberland County Paramedics Services.
Thank you to the Northumberland County Paramedics for this donation and for the excellent service they provide throughout
Northumberland County each and every day.
Defibrillator
Training
Firefighter/Medic Anthony Langsford attended the Forrest Denis Centre and conducted a training session with the senior club on the use
of the recently donated Automated External Defibrillator (AED). According to Anthony Langsford, “Using an AED coupled with CPR can
considerably improve the chance of survival and quality of life following a sudden cardiac event, which is why we’d like to see more
AEDs in public locations and more people armed with the necessary skills to respond”
Thank you to Anthony for his assistance in the implementation of this AED, and his continued support and training of the Trent Hills Fire
Department First Responder Program.
Page 241 of 304
Defibrillator
Donation
Ceremony
Monthly Report
Keep your family safe with a working smoke alarm in
every bedroom.
Did you know that roughly half of home fire deaths result from
fires reported between 11 p.m. and 7 a.m., when most people
are asleep?
When it comes to smoke alarms, it’s about “location, location,
location”.
Smoke alarms save lives. If there is a fire in your home, smoke
spreads fast and you need smoke alarms to give you time to
get out. In fact, having a working smoke alarm cuts the
chances of dying in a reported fire in half!
The Trent Hills Fire Prevention Team is excited to share this important
information so everyone better understands the life-saving value of home smoke
alarms.
Fire Chief
Tim Blake
Tim Blake
Coming Events
 1st prize - 55" RCA TV (donated by Walmart Trenton)
 2nd prize - Sthil Chain Saw Value $300.00 ($160.00 donated towards the purchase by Thompson Farm Supply)
 3rd prize - Christmas Hamper Value $150.00 (donated by Glover's Farm Market)
“HEAR
Page 242 of 304
The key message of this year's Fire Prevention Week campaign, October 4-10,
is to install smoke alarms in every bedroom, outside each separate sleeping
area, and on every level of your home, including the basement. Larger homes
may need more alarms.
Monthly Report
2015
226
75
75
Total Station 1
Total Station 2
Total Station 3
2014
210
77
68
2013
263
70
82
2012
279
103
89
2011
264
89
96
2010
262
90
75
Total Station 1
Total Station 2
Total Station 3
2015
2014
2013
2012
2011
2010
Page 243 of 304
300
290
280
270
260
250
240
230
220
210
200
190
180
170
160
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
0
Monthly Report
Total Station 1
Total Station 2
Total Station 3
2015
226
75
75
plus/minus
16
-2
7
2014
210
77
68
plus/minus
-53
7
-14
2013
263
70
82
plus/minus
-16
-33
-7
2012
279
103
89
plus/minus
15
14
-7
2011
264
89
96
plus/minus
2
-1
21
2010
262
90
75
Total Station 1
Page 244 of 304
Total Station 2
Total Station 3
Monthly Report
2015
2014
2013
Page 245 of 304
235
230
225
220
215
210
205
200
195
190
185
180
175
170
165
160
155
150
145
140
135
130
125
120
115
110
105
100
95
90
85
80
75
70
65
60
55
50
45
40
35
30
25
20
15
10
5
0
Monthly Report
Incidents 2015
plus/minus
2014
plus/minus
2013
plus/minus
2012
plus/minus
2011
plus/minus
2010
221
6
3
14
8
17
2
0
2
0
204
4
3
12
8
16
-3
1
-5
-42
188
7
2
17
50
-5
4
-2
-6
47
193
3
4
23
3
8
-4
4
13
-38
185
7
0
10
41
-11
0
-5
-11
40
196
7
5
21
1
Pre-Fire
4
-3
7
-1
-4
4
1
2
22
2
1
19
21
-2
-3
14
0
-5
-23
7
7
2
2
8
2
-7
-11
5
1
0
3
2
3
1
-11
-4
12
3
7
29
5
0
13
26
5
1
5
24
5
2
8
17
8
3
5
8
2
6
42
14
1
5
21
3
7
24
21
0
1
2
-3
-4
-4
-6
1
4
19
6
11
28
27
1
-1
2
2
-3
5
0
1
-1
-2
4
2
1
0
5
1
-4
5
21
0
21
-4
20
21
6
2
5
2
-4
0
-11
-4
1
41
11
4
30
4
2
8
1
5
-1
3
2
11
2
9
-6
11
-4
15
5
10
0
0
0
0
76
31
45
11
34
0
-3
3
-2
-7
8
3
21
6
355
1
-60
9
7
0
1
9
376
10
12
449
5
449
-4
22
9
427
Chimney Fire
Vehicle Accidents
Vehicle Fires
Police Assist
Public Assist
Burn Complaints
Drowning, Water
Rescue
Animal Rescue
Alarm
Human Perceived
Leak
Assist Trent Hills
Department
Automatic Aid
Agreements
Mutual Aid
Total
0
2
25
9
2
15
0
5
5
415
0
-2
-21
-3
6
29
-12
0
-3
-5
5
0
4
-76
-5
-7
-34
Page 246 of 304
Ambulance Assist
Structure Fires
Contents Fire
Grass/Brush Fires
Hydro Pole Fire
Monthly Report
Medical Assistance
to Ambulance Crew ,
39, 18%
No Assistance
Required False
Report, 3, 1%
Page 247 of 304
No Medical Aid
39, 18%
Ambulance Delay,
107, 48%
Call Canceled
Enroute, 3, 1%
Ambulance Delay
Lift Assist
Total
39
107
3
39
3
30
221
plus/minus
-22
29
-2
5
-1
8
14
2014
61
78
5
34
4
22
207
plus/minus
78
-6
4
3
2
5
20
2013
52
84
1
31
2
17
187
plus/minus
plus/minus
Page 248 of 304
STAFF REPORT
Meeting Date:
15 Sep 2015
To:
Council
Prepared By:
Tim Blake
Lynn Phillips
THF 2015-27
Subject:
Re: August Monthly Report
Business Growth
BE IT RESOVLED That Council receives Staff Report THF-2015-27 as information.
Municipality of Trent Hills Fire Department Monthly Report.
Council has requested a monthly report on Departmental activities.
none
none
none
none
Page 249 of 304
7. Major Benefits:
Council has current information regarding Fire Department activities.
none
Firefighters/Officers will be advised through e-mails, training, and Station Meetings.
Monthly Report
August 2015
 There were 28 calls for ambulance assists within the month of August 2015; 8 calls for medical assistance to medical crew, 12
calls for ambulance delay, 0 calls canceled en-route to incident, 2 calls for assistance not required by ambulance, 0 calls for
assistance (false alarm) not required by patient from ambulance crew or fire crews, and 6 calls for lift assist to ambulance crew.
 This month’s training addressed Water Supply.
This training is designed to demonstrate several methods of applying water in rural applications. It covers the simplest method
(nursing tanker) to the most complex method (multiple pumpers in relay, multiple tankers and the use of multiple portable tanks).
As part of this program, theory presentations on the topics of Water Supply, Portable Pumps, Tankers and Rural Fire Fighting
Techniques were presented over the training sessions. Many of these theory presentations are based on the NFPA Curriculum
requirements. This training covers a review of practical drafting operations, portable pump operations, fire hydrant usage and
application/use of some of the rural water equipment..
Page 250 of 304
Water Supply
Training
 Multiple tanker water shuttles are very popular in Canada, as we have many areas of vast land with plenty of water available for
fire fighting with no pressurized hydrant systems from which to draw. This does not allow for good insurance classifications and
Monthly Report
fire insurance premium reductions because fire Insurance companies give the best rates to areas that are hydrant protected. If we
can establish an uninterrupted water supply that simulates hydrant protection, then most fire Insurance companies will accept this
as being the equivalent of a hydrant protected area.
Page 251 of 304
A brief history of multiple tanker shuttles; the standard used for Fire Department Water Tanker Shuttle Accreditation (sometimes
referred to as Superior Tanker Shuttle) comes from material that has been in existence for many years. The International Fire
Service Training Association (IFSTA) refers to multiple tanker shuttle evaluation (accreditation) as far back as their 1974 Pumper
Operations Training Manual. It is also in IFSTA “Essentials of Fire Fighting”. The Insurance Services Office (ISO), the U.S.
equivalent of the Fire Underwriters’ Survey (FUS) placed it into their Rating Schedule in 1980.
Multiple tanker water shuttles have only become a reality in recent years because most rural Fire Departments have not had the
availability of multiple tankers, with which to carry out a successful water shuttle. Up until the last five years or so, most Fire
Departments have only had 1 or 2 tankers available to them. It takes at least 2 tankers, preferably 3 or more tankers, in order to
do successful multiple tanker water shuttles.
The Fire Department / Municipality being tested pays for the accreditation test to be done. The Accreditation Letter is then issued
to the Fire Department concerned and the results are posted on the Website at www.fps.ca.
Water Shuttles, utilizing multiple tankers and one or more portable water ponds, are used to provide an uninterrupted supply of
water that is of adequate flow capacity to support fire-fighting operations. In Canada, the minimum recognized flow capacity, to
support fire-fighting operations, is 900 litres/minute (200 imperial gallons/minute) for a minimum of two (2) hours without
interruption. This is an Insurance Bureau of Canada (I.B.C.C) standard.
This is a physical evaluation test, which is witnessed by independent third party personnel, is fully trained and qualified and does
not have any vested interest in the evaluation. These personnel who will produce a letter of certificate stating the results of the
evaluation.
Water shall be required to flow from the dump site pumper, within five (5) minutes of its arrival, at a minimum flow rate of 900
litres/minutes (200 imperial gallons/minutes). The minimum flow rate will be provided and maintained for a minimum time period
of two (2) hours. In order to maintain accepted standards for water shuttles, the dump site must be a minimum of five (5)
kilometers (3 miles) by road, from the fill site, and within eight (8) kilometers (5 miles) by road of the responding fire station. The
water supply source or fill site must be available and accessible 365 days a year.
The water shuttle was practiced on four (4) practice nights prior to the actual accreditation test date of August 18, 2015 at 1800
hours.
The route for recertification was from the corner of Centre Street at Cockburn Street hydrant as the fill site and the Empire
Cheese Factory as the dump site. This route was utilized for the tanker shuttle evaluation on August 18, 2015 as it proved to be
the safest for the public and the equipment in 2009. The Route was 5.2 kilometers from the fill site to the dump site and 6.9
kilometers from Station 1. The Trent Hills Crew’s passed the required flows with professionalism and ease as at most times the
tankers were waiting to dump their loads.
Monthly Report
I would like to thank the fire crews for their dedication and professionalism with this project as it was completed on extra practice
nights to not interrupt the regular scheduled practice. Also I would like to thank the Empire Cheese Factory for the use of their
property for the dump site.
Page 252 of 304
Tanker Shuttle Re-Certification
2015
Monthly Report
 Many firefighters have spent countless hours and buckets of sweat preparing for the Firefighter Combat Challenge—a gruelling
test of strength and endurance that few of our citizens would even think of performing, much less in a timed event. The dummy
drag can easily cause us to slip and fall, while the climbing event can make our knees buckle under the weight. The skid seems
to be immovable, while the hose seems unending as we attempt to lift and advance it. This is the Scott Firefighter Combat
Challenge and is performed by the best of the best in competition with fellow firefighters.
In an educational and entertaining attempt to give the children in our communities a small sampling of some of the events we may
be called on to do, The Trent Hills Fire Department hosted a "Junior Firefighters Challenge."
The Trent Hills (on loan from Cobourg Fire Department) Junior Firefighters Challenge is quick and easy to implement, set up, and
tear down; is easy to store; and uses a minimum number of firefighters to run the event.
The kids start out behind a designated starting line marked by a piece of wood "the wood is picked up when kids are advised to
stop and dropped at the stairs. Two lanes can be run concurrently to help move large numbers of kids through the course. A
firefighter holding a stopwatch signals the kids to start.
The participants climb the stairs to the top of the platform to begin the challenge. Spotters are assigned at the top and the bottom
of the fire platform to assist children pull the hose up and lower down, and assist children down the slide. A firefighter at the
bottom helps the children around the course. They must quickly weave around six traffic cones. At the end of the cones, two hose
packs are set on the ground. The children pick up the hose and run towards the target, open the nozzle and knock down the fire.
The children next step up on the Kaiser forcible entry sled, picking up a sledgehammer (rubber mallet) and hitting the sled to the
finish which was yellow caution tape.
When finished with the hammer exercise, the children drop the hammer and continue on to the hose drag. They pick up a hose
connected to the tanker. The pressure is gated down for ease of control and to prevent injuries. They advance the hose 5 to 10
feet before they are allowed to open the smooth bore nozzle and attempt to hit a target—a piece of plywood cut out and painted
to look like fire. Once they hit the target, they are instructed to shut off the nozzle and run back through the pipe and on to the
finish line.
The course is roughly 40 feet long and 30 feet wide. It takes about one to two minutes for the children to complete the course.
Five to six firefighters where required to run the challenge—two on the fire platform to assist the children pull up the hose and
Page 253 of 304
The Trent Hills Fire Department used this program on two occasions in August, first for the Annual Waterfront Festival and then
at the Campbellford/Seymour Agricultural Fair. It targets children between the ages of 5 and 13. A parent must accompany each
child and must sign in before the child can participate in the Junior Firefighter Challenge.
Monthly Report
down the slide, one to two to coach the children through the course, and the rest as runners to reset the course. The course is not
timed, and everyone who participates receives a fire safety prize. Children with the best times received a smoke alarm, sparky
doll and additional fire safety materials.
Page 254 of 304
Waterfront
Festival Junior
Firefighter
Challenge
Monthly Report
 At the annual ducky races in Hastings, firefighters assisted with the collection of the ducks after each race. The event is organized by
St. Georges Church, with the proceeds to the Trent Hills Emergency Disaster Fund, Campbellford Memorial Hospital, and the St.
Georges Church Building Fund. Thank you to the Church for their community service and support, and the firefighters who assisted
with this very worthwhile event.
Finish Line
Page 255 of 304
Pre race duck
counting
Monthly Report
 Over the past two months the Trent Hills Fire Department has responded to two incidents involving dogs left in vehicles.
A vehicle, a hot day and less than 10 minutes is all it takes to give a dog irreversible brain damage.
That’s why officials with the District Humane Society are reminding people to leave their dog at home when running errands in the
summer. Humane Society states once a vehicle is shut off, it takes less than 10 minutes for a car to reach dangerously high
temperatures.
Because dogs don’t sweat, they will pant until exhaustion and unconsciousness.
"Windows down a slight amount doesn’t help enough. Vehicles parked in the shade doesn’t help enough," "On a hot day there is
no acceptable amount of time for an animal to be in a vehicle."
Dog owners can face up to two years in jail, a $60,000 fine and a lifetime ban on owning animals if caught.
If owners can’t leave their dog at home, staying outside of the vehicle with the dog is acceptable, but the dog would probably
rather be somewhere else.
"They’d rather be laying on your couch with the air conditioning,"
If you’re going to be driving with your pet, here are a few tips to keep them safe:
Don’t do errands with your pet in the car: “If you’re taking your dog to the dog park or for a car ride and you also need to stop for
groceries, do it in two separate trips,”
 “Drop your dog off at home and then go get your groceries when your dog’s not with you.”
 Eat with your pet: “If you’re out with your dog and need to eat or get a drink, use the drive-thru,”
 “Or, if you’re not alone, leave someone in the car with your pet and take turns going in.”
 Turn on the air-conditioner: “If you absolutely had to leave a dog or cat in a vehicle, you should have an extra set of keys
so you can leave the air-conditioner on,”
 “And even then you should be checking them regularly.”
 Don’t let pets roam: Your pet should always be in the back seat and in a crate or in pet restraint to keep them from
distracting you on the road.
Page 256 of 304
Not only is it dangerous, it’s also against the law to leave an animal in a vehicle when temperatures are high.
Monthly Report
Page 257 of 304
Fire Chief
Tim Blake
Tim Blake
Coming Events
 1st prize - 55" RCA TV (donated by Walmart Trenton)
 2nd prize - Sthil Chain Saw Value $300.00 ($160.00 donated towards the purchase by Thompson Farm Supply)
 3rd prize - Christmas Hamper Value $150.00 (donated by Glover's Farm Market)
“HEAR
Monthly Report
2015
260
88
82
Total Station 1
Total Station 2
Total Station 3
2014
249
89
73
2013
291
74
88
2012
325
117
102
2011
302
108
105
2010
299
111
80
Total Station 1
Total Station 2
Total Station 3
2015
2014
2013
2012
2011
2010
Page 258 of 304
350
340
330
320
310
300
290
280
270
260
250
240
230
220
210
200
190
180
170
160
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
0
Monthly Report
Total Station 1
Total Station 2
Total Station 3
2015
260
88
82
plus/minus
11
-1
9
2014
249
89
73
plus/minus
-42
15
-15
2013
291
74
88
plus/minus
-34
-43
-14
2012
325
117
102
plus/minus
23
9
-3
2011
302
108
105
2010
299
111
80
plus/minus
3
-3
25
Total Station 1
Total Station 3
Page 259 of 304
Total Station 2
Monthly Report
2015
2014
2013
Page 260 of 304
265
260
255
250
245
240
235
230
225
220
215
210
205
200
195
190
185
180
175
170
165
160
155
150
145
140
135
130
125
120
115
110
105
100
95
90
85
80
75
70
65
60
55
50
45
40
35
30
25
20
15
10
5
0
Monthly Report
Incidents 2015
plus/minus
2014
plus/minus
2013
plus/minus
2012
plus/minus
2011
plus/minus
2010
249
6
4
14
11
16
2
-3
1
2
233
4
7
13
9
23
-4
4
-4
-41
210
8
3
17
50
-16
4
-2
-9
47
226
4
5
26
3
14
-4
5
13
-40
212
8
0
13
43
-13
0
-5
-8
41
225
8
5
21
2
Pre-Fire
4
-3
7
-3
5
-2
-3
16
0
-4
-23
10
7
2
2
9
-1
-7
-13
9
0
1
2
28
2
2
19
25
12
3
7
33
5
0
14
34
5
0
3
0
3
0
-11
-3
10
3
5
12
2
6
42
15
-2
1
5
28
5
2
8
22
1
5
24
6
7
27
25
0
1
-3
0
-5
-5
-6
1
4
27
6
12
32
31
3
1
2
1
-2
5
1
1
-1
-3
4
3
2
0
5
1
-4
5
25
-1
26
-3
16
30
6
2
8
2
-3
0
-14
-6
4
46
14
4
32
4
5
10
1
7
-1
3
2
14
4
10
-5
11
-5
16
4
12
0
0
0
0
91
36
55
19
36
0
-4
4
-1
-7
9
3
19
6
411
1
-42
9
8
0
2
9
430
11
13
515
5
515
-4
25
9
490
Chimney Fire
Vehicle Accidents
Vehicle Fires
Police Assist
Public Assist
Burn Complaints
Drowning, Water
Rescue
Animal Rescue
Alarm
Human Perceived
Leak
Assist Trent Hills
Department
Automatic Aid
Agreements
Mutual Aid
Total
1
2
29
11
2
15
0
5
5
453
0
-2
-21
-3
6
28
-19
1
-3
-3
7
-3
4
-91
-6
-8
-62
Page 261 of 304
Ambulance Assist
Structure Fires
Contents Fire
Grass/Brush Fires
Hydro Pole Fire
Monthly Report
Medical Assistance
to Ambulance Crew ,
47, 19%
No Assistance
Required False
Report, 3, 1%
Page 262 of 304
No Medical Aid
41, 17%
Call Canceled
Enroute, 3, 1%
Ambulance Delay,
119, 48%
Ambulance Delay
Lift Assist
Total
47
119
3
41
3
36
249
plus/minus
-14
41
-2
7
-1
14
41
2014
61
78
5
34
4
22
208
plus/minus
78
-6
4
3
2
5
21
2013
52
84
1
31
2
17
187
plus/minus
0
0
0
0
0
0
0
plus/minus
0
0
0
0
0
0
0
Page 263 of 304
OTONABEE REGION CONSERVATION AUTHORITY
INFORMATION BULLETIN FOR MUNICIPAL COUNCILLORS
OTONABEE
CONSERVATION
.0.01.111.
Our Vision
Otonabee Conservation
providing leadership to achieve healthy
watersheds, where human activity
respects the need to conserve, restore,
develop and manage the natural
environment for current and future
generations.
Board of Directors
Asphodel-Norwood
Terry Low
Cavan Monaghan
Ryan Huntley
Douro-Dummer
Karl Moher
City of Kawartha Lakes
Heather Stauble
Otonabee-South Monaghan
David Nelson
City of Peterborough
Daryl Bennett
Andrew Beamer
Don Vassiliadis
Selwyn
Andy Mitchell, Chair
Sherry Sen is, Vice-Chair
Trent Hills
Bob Crate
Chief Administrative Officer/
Secretary-Treasurer
Dan Marinigh
[email protected]
Tel: 705-745-5791, ext. 222
*4*
—"Noro".3
Conservation
ONTARIO
NaWral Champions
ORCA Board Accepts Offer to Purchase
Needler's Mill
Contact: Dan Marinigh (ext.222)
[email protected]
The Board of Directors of Otonabee
Conservation has accepted the Offer to
Purchase Needler's Mill from the Millbrook
and Cavan Historical Society. The decision
was reached during the Board meeting
held August 20th.
The Millbrook and Cavan Historical
Society plans to relocate the flour mill
on a new foundation- 10m west of its
present site - where it will not impact
the operation of the Millbrook Dam. The
Society is required, as part of the purchase
agreement, to have the necessary permits
and approvals to undertake the work in
place by October 15, 2015 and satisfy
the requirements of the Unsafe Building
Order by October 31, 2015. A land lease
arrangement between ORCA and the
Millbrook and Cavan Historical Society will
allow the Needler's Mill to remain at the
Millbrook Dam site.
Watershed Planning and Regulations
Policy Manual Review
Contact: Jennifer Clinesmith (ext. 215)
[email protected]
Otonabee Conservation is launching a
21-day review period for revisions being
made to the "Watershed Planning and
Regulations Policy Manual". The Manual
details the Authority's provision of
comments under the Planning Act and
decision-making on permit applications
(Ontario Regulation 167/06). Among
the proposed updates to the manual
are the specific requirements for permit
applications involving the placement of
large amounts of fill, as well as policy
additions to address new requirements in
the Provincial Policy Statement (2014).
All stakeholders will be circulated the
updated version of the Manual, which will
also be available on the ORCA website.
Written comments will be received until
September 21, 2015. Results of the public
review period and final version of the
Manual will be presented to the ORCA
Board for approval in October.
Small Communities Fund to Support
Upgrades to Millbrook Dam
Contact: Dan Marinigh (ext. 222)
[email protected]
Residents of Millbrook will benefit from
upgrades to the Millbrook Dam thanks
to joint funding from the Governments
of Canada and Ontario through the Small
Communities Fund.
This project will include the removal and
replacement of the outflow structure, the
installation of impermeable barriers to
prevent seepage, the improvement of the
earthen embankments and refurbishment
of the pedestrian path and bridge over the
dam, to make it accessible to all.
The financial contributions are:
Government of Canada will provide
up to $1,119,363 through the Small
Communities Fund;
Government of Ontario will provide up to
$1,199,362; and,
Otonabee Conservation will be
responsible for all remaining costs.
The project is subject to the approval
of an Addendum to the Environmental
Study Report for the Class Environmental
Assessment of the Millbrook Dam.
Otonabee Conservation has retained the
engineer consulting services of Hatch Ltd.
to complete the addendum process by the
end of 2015.
Page 264 of 304
Conservation Activities and Community
Engagement in the Watershed
COntact: Dan Marinigh (ext.222)
[email protected]
Otonabee Conservation staff have been
very busy providing programs and services
throughout the watershed community.
Here are a few highlights of 2015 so far:
- monthly water quality sampling at 16
sites across the watershed (April- Oct.) as
well as benthic sampling at 20 sites
- 400 youth planted 4,800 trees as part of
the annual spring Scoutrees program
-200 native species of trees planted along
Indian River shoreline at Lang Pioneer
Village Museum with Museum staff,
Seimens Canada Ltd. and Tree Canada
(photo above)
- 1,500 students participated in the Spring
Water Awareness Program through in-class
presentations; this program is supported
by Ontario Power Generation
- 50+ landowners have participated
in the Peterborough Urban Shoreline
Revitalization Project; this program is
supported by Environment Canada
- Wild Weekend of Environmental
Activities held at Beavermead
Campground and Warsaw Caves
Conservation Area and Campground
attracted over 400 participants
- pollinator gardens established at Lock 20
(Ashburnham) and Barnardo Park
- 100+ volunteers participated in the
annual Earth DayJackson Creek Clean-Up
- Butternut scion harvested from
Otonabee Conservation Forest (DouroDummer) for Butternut Recovery Study
- 120 native trees and shrubs planted at
Chemong Park with Selwyn Area Sparks,
Brownies and Guides
- public consultation on floodplain
mapping update for Lower Byersville Creek
(City of Peterborough)
- operation of flood forecasting and
warning service; 4 flood-related messages
have been issued to date
Drinking Water Source Protection
Contact: Meredith Carter (ext. 223)
[email protected]
The Trent Source Protection Plan came
into effect on January 1, 2015. Staff have
been working closely with municipalities
and stakeholders to facilitate implementation and ensure compliance with source
protection plan policies. Highlights of
activities to date include:
* Extension of the Source Protection
Municipal Implementation Fund to 2016
* Development of education and outreach
resource materials
* Assistance provided to municipalities
to ensure integration of policies into
municipal processes and achieve
compliance including development of bylaws and official plan updates
* Establishment of the Risk Management
Office at Otonabee Conservation
* Risk Management Official provides preconsultation and review of development
applications, support to affected
landowners to ensure compliance with
source protection plan policies and
ongoing dialogue with municipal staff.
MEETINGS and EVENTS
Thursday, September 24, 2015
Otonabee-Peterborough Source Protection
Authority Meeting
5:00 pm- Boardroom, followed by
ORCA Board of Directors Meeting
approx. 6:00 p.m.- Boardroom
Otonabee Conservation Centre
Thursday, October 15, 2015
ORCA Board of Directors Meeting
5:00 p.m.- Boardroom
Otonabee Conservation Centre
Tuesday, October 20, 2015
Public Information Centre- Millbrook Dam
1:00 to 4:00 pm
7:00- 10:00 pm
Gymnasium, Cavan Monaghan Municipal
Office, 988 County Rd. 10, Millbrook
Friday, October 23, 2015
Trent Conservation Coalition
Source Water Protection FORUM
Baxter Creek Golf Club- Details to follow
Board Enacts New Policies
Contact: Dan Marinigh (ext. 222)
OTONABEE
[email protected]
The ORCA Board has enacted the
following new policies:
1) Policy on the Management of Water
and Ice Control Structures
2) Policy on the Management of Authority
Owned Lands
The policies are available for review on
the website at http://www.otonabee.com/
about-us/policies/
CONSERVATION
6/1%/11.014.
This issue of currently was published on
August 27, 2015. It highlights a selection of
business items addressed by the Otonabee
Region Conservation Authority Board of
Directors as well as other noteworthy
happenings and topics of interest.
Otonabee Region Conservation Authority
250 Milroy Drive, Peterborough, ON
K9H 7M9
Tel: 705-745-5791
Fax: 705-745-7488
Website: www.otonabee.com
Flood Watch Hotline
Tel: 705-745-5791, ext. 228
Visit us on Facebook & Youtube:
Otonabee Conservation
The 2014 Annual Report and Audited
Financial Statements are available on the
Otonabee Conservation website.
Page 265 of 304
rhe corporation of the Tomiship of Hamilton
REPORT TO:
Members of Council
REPORT No:
CAO 2015-03
SUBMITTED BY:
Arthur Anderson, CAO
DATE:
July 23, 2015
Subject:
Bill 100 - officially titled the "Supporting Ontario Trails Act".
RECOMMENDATION: Requires Action
For Information Only
71In Camera Only
It is recommended that Council:
1. Receive the report on Bill 100 — officially titles the "Supporting Ontario Trails Act."
2. Pass a resolution in overall support of the Bill and recommending concerns of stakeholders,
such as ROMA and OFA with respect to liability and trespassing, be incorporated into the BR
ORTGIN/BACKGROUND/DI CUSSION:
Council will recall receiving information on Bill 100 is officially titled the "Supporting Ontario Trails
Act"
Staff have reviewed the proposed legislation and have the following highlights to report.
Discussion on legislation has been undertaken for some years. Various stakeholder / groups
who have been seeking legislation include private landowners, agriculture, trails groups,
various levels of government, and others.
O Issues raised by stakeholders have included:
O liability concerns
O Trespass
O Protection of property
O Securing land for trails
O Financial concerns (taxation, non-profit status)
O Training
O Policy development
O User conflicts
O A copy of the OFA and ROMA submission on the Bill has been attached to this report for
reference.
Bill 100 is the culmination of input from stakeholder groups and the implementation of the
Ontario Trails Strategy which began in 2005.
Changes to the regulations appear to improve the ability of trails operators to more
independently maintain trails while retaining the requirement that trails maintenance work is
done in a manner that protects the environment.
Page 266 of 304
Changes to various regulations, changes to definitions, improved ability to enforce
Regulations, and increased fines strengthen the ability of trails operators to manage their
trails.
Changes under the Act (and related legislation) offer improved ability to develop agreements
with private landowners for the establishment of trails under easements.
Duty of care appears to be relieved to varying degrees for non-profits.
FINANCIAL IMPLICATIONS:
No specific financial issues are identified for the Township, although fencing, liability and signage
issues may need to be addressed in the future, as more trails are developed and used in the
community.
CO'1CLUSIONS:
It is recommended that Council acknowledges receipt of CAO Report 2015-03 regarding Bill 100 officially titled the "Supporting Ontario Trails Act".
That Council Pass a resolution in overall support of the Bill and recommending concerns of
stakeholders, such as ROMA and OFA with respect to liability and trespassing, be incorporated
into the Bill.
Prepared by: Arthur Anderson
Attachments
Page 267 of 304
Resolution Re: Bill 100 Supporting the Ontario Trails Act
WHEREAS Bill 100, Supporting the Ontario Trails Act has the following purposes:
1.
2.
3.
4.
To increase awareness about and encourage the use of trails.
To enhance trails and the trail experience.
To protect trails for today's generation and future generations.
To recognize the contribution that trails make to quality of life in Ontario.
AND WHEREAS the Association of Municipalities of Ontario has had input into this Bill
looking out for municipal interests
AND WHEREAS the Bill includes stronger penalties for property damage and
trespassing to discourage such actions
AND WHEREAS the Bill will be asking for best practices to be created and will have
participation in these practices be voluntary THEREFORE not creating undue hardship
on the municipality
AND WHEREAS this is complementary to the Hamilton Township Strategic Plan
Health/Recreation/Lifestyle Goal: "To promote healthy lifestyles and to meet the broad
range of community needs."
NOW THEREFORE LET IT BE RESOLVED THAT the Council of the Township of
Hamilton supports the overall direction Bill 100 Supporting the Ontario Trails Act
AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton
encourages the government to continue to work with stakeholder such as ROMA and
OFA to enhance the liability and trespass provisions of the Bill
AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton
forward this resolution for consideration by all other municipalities in the Province of
Ontario.
Page 268 of 304
Regular Council PM Meeting Minutes
September 1, 2015
REGULAR COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 1, 2015
Hastings Civic Centre, 6 Albert St., Hastings
Present: Mayor Hector Macmillan
Deputy Mayor Bob Crate - 7:30
Councillor Rosemary Kelleher-MacLennan
Councillor Catherine Redden
Councillor Rick English
Councillor Ken Tully
Absent:
Councillor Bill Thompson
Staff:
Lynn Phillips, Chief Administrative Officer
Shari Lang, Clerk
Jim Peters, Director of Planning
Press:
John Campbell, Independent
1.
CALL TO ORDER:
a)
2.
The meeting was called to order at 6:00 p.m.
MOVED BY Councillor Rosemary Kelleher-MacLennan
SECONDED BY Councillor Ken Tully
THC 4532015
BE IT RESOLVED that the following items be added to the agenda:
a) By-law 2015-88 - Appoint Treasurer/Director of Finance
b) Queen Elizabeth II - Celebration
“CARRIED”
3.
BE IT RESOLVED that Council approve the agenda for the regular
Council meeting of September 1, 2015 as amended.
“CARRIED”
4.
INTEREST:
a)
Councillor Rosemary Kelleher-MacLennan declared a
perceived conflict with the Sifton Properties and their agents.
THC 4542015
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5.
CLOSED SESSION
MOVED BY Councillor Ken Tully
SECONDED BY Councillor Rick English
THC 4552015
BE IT RESOLVED that Council move into closed session pursuant
to Section 239 of the Municipal Act - 6:00 p.m.
(2)(b) Personal matters about an identifiable individual,
including municipal or local board employees;
(2)(c) A proposed or pending acquisition or disposition of land
by the municipality or local board;
(2)(e) Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local
board;
(3.1) The meeting is held for the purpose of educating or
training the members.
“CARRIED”
SECONDED BY Councillor Catherine Redden
THC 4562015
BE IT RESOLVED that Council rise from closed session at 6:59
p.m.
“CARRIED”
The Regular Council meeting resumed in Open Session with 1
motion.
MOVED BY Councillor Rick English
BE IT RESOLVED that Council declare the property on Concession
1, Part of Lot 21 being property Roll # 1435134050189090000 as
surplus and direct staff to negotiate the sale of the property in
accordance with by-law 2004-38 regulating the disposal of surplus
land.
“CARRIED”
6.
PRESENTATIONS/DELEGATIONS
a)
Jeff Hamilton, Chair of Trent Hills Chamber of Commerce Northumberland County Buy Local Campaign
Jeff Hamilton, Chamber of Commerce provided an overview
of the 'Buy Local Campaign' in an initiative of 'Prosper In
Northumberland' (PIN) which has two broad outcomes;
i) increase awareness about the impacts of buying local
ii) change customer habits whereby residents increase
spending on goods and services available in Northumberland
communities.
The meeting recessed at 7:20 p.m. to hold the Committee of
Adjustment Public Meeting and reconvened at 7:30 p.m. with
all previous Council members in attendance and the arrival of
the Deputy Mayor Robert Crate.
THC 4572015
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September 1, 2015
7.
PUBLIC MEETING
a)
SR-0540
PLN-2015-49
Zoning Amendment Application C09/2015, Susan Thompson
(Adam)
Susan Thompson & Terry Adam were in attendance to
discuss the application.
Notice of the public meeting was given in accordance with the
Planning Act.
Jim Peters, Director of Planning reported an application for a
Zoning By-law Amendment has been received by Susan
Thompson / Terry Adam, with respect to property located in
Concession 15, Part of Lot 24, 352 Friendly Acres Road,
Percy Ward. The purpose of the application is to rezone the
retained portion from Consent Applications B21/2015 and
B22/2015, to conform to the Municipality of Trent Hills Zoning
By-law 2010-105, and to comply with a condition of the
Consent applications. This application has been submitted in
conjunction with Severance Consent Applications B21/2015
and B22/2015. The current zoning of the subject lands is
Rural , Agricultural, Environmental Protection and
Environmentally Sensitive. The Environmental Protection
follows a wetland feature on the property and the Trent River,
while the Environmentally Sensitive Zone follows a wooded
area on the subject lands. The retained portion under
Severance Consent Applications B21/2015 and B22/2015,
being approximately eight acres with the existing residential
dwelling, will be rezoned to Rural Residential. The severed
portions will remain zoned Agricultural, Rural, Environmental
Protection and Environmentally Sensitive. No change in
zoning is required. All existing Environmental Protection and
Environmentally Sensitive Zoning will remain in place.
Planning staff have met with the applicants, to discuss their
submission, and review the requirements. Furthermore, the
Notice of Public Meeting has been circulated to the public in
the appropriate manner, as well as to the required outside
agencies and municipal departments.
The process to consider applications to amend the Zoning Bylaw, is being carried out in accordance with the process as set
out in the Planning Act. It involves pre-consultation, filing of a
complete application, public and agency circulation,
consideration at a public meeting and circulation of the
decision. The application for rezoning is being considered
with regard to the policies contained in the Official Plan,
Zoning By-law and Provincial Policy Statement. Planning staff
have been involved in the review of the application and
preparation of notices and reports. All applicable fees have
been collected, to consider this as a complete application.
The Notice of Decision will be circulated to the applicant and
any agency or individual who has requested a copy.
Written Comments - None were received.
Applicant Comments - None.
Public Comments - No one spoke for or against the
application.
Committee Comments - None.
THC 4582015
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September 1, 2015
BE IT RESOLVED that Council receive Staff Report PLN2015-49, regarding Zoning Amendment Application
C09/2015, Susan Thompson / Terry Adam, for information;
AND FURTHER That Council approve Rezoning Application
C09/2015 by Susan Thompson / Terry Adam, with respect to
property located in Concession 15, Part of Lot 24, 352
Friendly Acres Road, former Township of Percy.
“CARRIED”
b)
By-law 2015-83, Zoning Amendment Application C09/2015
BE IT RESOLVED that By-law 2015-83, being a by-law under
the provisions of Section 34 of the Planning Act, RSO 1990,
C.P. 13, to amend the Municipality of Trent hills Zoning Bylaw 2010-105, as otherwise amended, with regard to certain
lands located in Concession 15, Part of Lot 24, 352 Friendly
Acres Road, former Township of Percy, within the
read a first, second and third time, passed and properly
signed and sealed this 1st day of September, 2015.
“CARRIED”
c)
SR-0541
PLN-2015-50
Zoning Amendment Application C10/2015, Helen Meyers /
Eric Meyers
Helen Myers & Eric Myers were in attendance to discuss the
application.
Notice of the public meeting was given in accordance with the
Planning Act.
Jim Peters, Director of Planning reported that an application
for a Zoning By-law Amendment has been received by Helen
Meyers / Eric Meyers, with respect to property located at 93
Frank Street, former Town of Campbellford. The current
zoning of the subject lands is Residential 1, being used as a
Duplex Dwelling House. The property is currently offered for
sale, and has an offer to purchase pending. The purchaser is
proposing to renovate the existing structure, enabling it to be
used as a Fourplex Dwelling House. In order to conform to the
Municipality of Trent Hills Zoning By-law 2010-105, the
proposed zoning for the subject lands is Residential 2 (R2), to
allow for the modification to a Fourplex Dwelling House.
Planning staff have met with the applicants to discuss their
the appropriate manner, as well as to the required outside
agencies and municipal departments. If Council approves the
Zoning Amendment, the purchaser will require a building
permit to ensure the change of use meets all requirements of
the Building Code, as well as the Fire Code. Staff from the
Building Department as well as the Trent Hills Fire
Department, will be involved during this process. The process
to consider rezoning applications is being carried out in
accordance with the process as set out in the Planning Act. It
involves pre-consultation, filing of a complete application,
public and agency circulation, consideration at a public
meeting and circulation of the decision. The application for
THC 4592015
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September 1, 2015
rezoning is being considered with regard to the policies
contained in the Official Plan, Zoning By-law and Provincial
Policy Statement. Planning staff have been involved in the
review of the application and preparation of notices and
reports. All applicable fees have been collected, in order to
consider the application as complete. The Notice of Decision
will be circulated to the applicant and any agency or individual
who has requested a copy.
Written Comments - Letters were received from Judy & Keith
McLean, Wesley Szudy, Karen Reid, Tracey Reid-Bowes,
Brenda Kotris and Ann Collett. Various concerns of noise,
pollution and traffic congestion, parking and parking for
tenants, exterior appearance (backyards/decks/gazebos) for
tenants, property maintenance responsibility, new bridge
impact, absenteeism of landlord and current vacancy rate in
town..
Applicant Comments - Agreed with Planning Director's
comments.
Public Comments - Judy & Keith McLean, Brenda Kotris,
Larry Meyers and Darlene Bull all spoke in support or against
the application.
Committee Comments - Rosemary Kelleher-MacLennan
requested sq. footage of individual units. Jim Peters noted
that the Zoning By-law sets out requirements. The whole
house is 5,000 + sq. footage.
MOVED BY Deputy Mayor Robert Crate
SECONDED BY Councillor Rosemary KelleherMacLennan
THC 4602015
BE IT RESOLVED that Council receive Staff Report PLN2015-50, regarding Zoning Amendment Application
C10/2015, Helen Meyers / Eric Meyers, as information;
AND FURTHER that Council approve Rezoning Application
C10/2015 by Helen Meyers / Eric Meyers, with respect to
property located at 93 Frank Street, former Town of
Campbellford.
“CARRIED”
d)
By-law 2015-84, Zoning Amendment Application C10/2015
BE IT RESOLVED that By-law 2015-84 being a by-law under
the provisions of Section 34 of the Planning Act, RSO 1990,
C.P. 13, to amend the Municipality of Trent Hills Zoning Bylaw 2010-105, as otherwise amended, with regard to certain
lands located at 93 Frank Street, former Town of
Campbellford, within the Municipality of Trent Hills, be
introduced and deemed to be read a first, second and third
time, passed and properly signed and sealed this 1st day of
September, 2015.
“CARRIED”
Councillor Rosemary Kelleher-MacLennan declared a
potential conflict and left the room at 8:00 p.m.
THC 4612015
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September 1, 2015
8.
STAFF REPORTS
Planning
a)
SR-0531
PLN-2015-51
SB02/2013 - Sifton Properties
THC 4622015
BE IT RESOLVED that Council receive Staff Report PLN2015-51, regarding Subdivision SB02/2013, Sifton Properties,
as information;
AND FURTHER that Council grant draft subdivision approval
to Subdivision Application SB02/2013;
AND FURTHER that Council approve the road name of
"River Trail Drive" for the road serving Phase 1 of the
development.
“CARRIED”
Councillor Rosemary Kelleher-MacLennan returned to the
meeting at 8:10 p.m.
b)
SR-0532
PLN-2015-52
Historical Plaque to Recognize the Percy Portage
THC 4632015
BE IT RESOLVED that Council receive Staff Report PLN2015-52, regarding historical plaques to recognize the Percy
Portage, as information;
AND FURTHER that Council approve the location and
placement of the signs/plaques recognizing the Percy
Portage within Trent Hills.
“CARRIED”
c)
SR-0533
PLN-2015-53
Maple Grove Road
SECONDED BY Deputy Mayor Robert Crate
THC 4642015
BE IT RESOLVED that Council receive Staff Report PLN2015-53, regarding Maple Grove Road, as information;
AND FURTHER that Council authorize the expenditure of
funds to cover the cost of surveys and legal transfers to bring
Maple Grove Road ownership into Municipal ownership.
“CARRIED”
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September 1, 2015
d)
SR-0536
PLN-2015-56
Municipal Agreement Respecting a Large Scale Solar Energy
Project
THC 4652015
BE IT RESOLVED that Council receive Staff Report PLN2015-56, regarding a municipal agreement respecting a large
scale solar energy project, as information;
AND FURTHER that Council approve the attached By-law, to
authorize the Mayor and Clerk to enter into the agreement.
“CARRIED”
e)
By-law 2015-85, Municipal Agreement with Sheerlight LP
THC 4662015
authorize execution of an agreement between the
Corporation of the Municipality of Trent Hills and Sheerlight
LP, by its General Partner, 2256865 Ontario Corp. to
contribute funds annually for the improvement of local
infrastructure, within the Municipality of Trent Hills, be
introduced and deemed to be read a first, second and third
time, passed and property signed and sealed this 1st day of
September, 2015.
“CARRIED”
f)
SR-0542
PLN-2015-57
Assumption of Road into Municipal Road System
THC 4672015
BE IT RESOLVED that Council receive Staff Report PLN2015-57, being a report to assume into the municipal road
system, a portion of Ixl Road, Seymour Ward, as information;
AND FURTHER that Council approve the attached By-law,
allowing Part of Lot 11, Concession 10, being Part 3 on Plan
39R-13235, a portion of Ixl Road, Seymour, to be assumed in
to the Trent Hills municipal road system.
“CARRIED”
g)
By-law 2015-86, Assumption of Road Into Municipal Road
System
MOVED BY Councillor Catherine Redden
BE IT RESOLVED that By-law 2015-86 being a by-law for
establishing and assuming a municipal highway, being Part of
Lot 11, Concession 10, being Part 3 on Plan 39R-13235 a
portion of Ixl Road, former Township of Seymour, within the
THC 4682015
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September 1, 2015
read a first, second and third time, passed and property
“CARRIED”
Administration
a)
SR-0539
CAO-2015-010
Ontario Community Infrastructure Fund (OCIF) - Doxsee
Avenue Infrastructure Renewal Project
THC 4692015
BE IT RESOLVED that Council receive Staff Report CAO
AND FURTHER that Council direct staff to submit an
Expression of Interest to the Ontario Community
Infrastructure Fund (OCIF) for the Doxsee Avenue
infrastructure renewal project;
AND FINALLY that Council direct staff to request 90% of the
estimated cost of the Doxsee Avenue project total from the
Ontario Community Infrastructure Fund.
“CARRIED”
9.
COMMUNICATIONS
Information Items
a)
Municipality of Wawa - Safer Communities - 1,000 Officers
Partnership Program
b)
Port Hope - Office of the Mayor - Reliable, Affordable Internet
Service
THC 4702015
BE IT RESOLVED that Council receive and file the
communication items from the Municipality of Wawa
regarding the 'Safer Communities Partnership Program' and
the communication item from Port Hope - Office of the Mayor
regarding 'Reliable, Affordable Internet Service' as
information.
“CARRIED”
Endorsement Items
a)
Haldimand County - Vacancy Rebate Program Resolution
b)
Havelock-Belmont-Methuen - Opposed to the Sale of Hydro
One Resolution
THC 4712015
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September 1, 2015
BE IT RESOLVED that Council receive the communication
items from Haldimand County regarding 'Vacancy Rebate
Program Resolution' and the item from Havelock-BelmontMethuen regarding 'Opposed to Sale of Hydro One
Resolution' as information.
“CARRIED”
Direction Items
a)
Percy Agricultural Society - Warkworth Fall Fair - Special
Occasion Permit Approval
10.
THC 4722015
BE IT RESOLVED that Council receive the request from
Percy Agricultural Society's requesting designation of their
annual fall fair;
AND FURTHER that the Percy Agricultural Society Fall Fair
being held on September 11, 12 & 13, 2015 be designated as
a 'Event of Municipal Significance' within the Municipality of
Trent Hills.
“CARRIED”
ADOPTION OF MINUTES
Regular Council Minutes
a)
Regular Meeting of Council - August 4, 2015
THC 4732015
BE IT RESOLVED that Council adopt the minutes of the
Regular Council meeting held on August 4, 2015 as
presented.
“CARRIED”
Minutes to Adopt
a)
Warkworth / Percy Betterment Advisory Committee - July 14,
2015
b)
Hastings Downtown Waterfront Improvement Advisory
Committee - August 6, 2015
c)
Hastings Field House Marketing Operations Advisory
Committee - August 10, 2015
d)
Hastings Pisces Park Advisory Committee - August 10, 2015
THC 4742015
BE IT RESOLVED that Council receive the Warkworth /
Percy Betterment Advisory Committee minutes of July 14,
2015, the Hastings Downtown Waterfront Improvement
Advisory Committee minutes of August 6, 2015, the Hastings
Field House Marketing/Operations Advisory Committee
minutes of August 10, 2015, the Hastings Pisces Park
Advisory Committee minutes of August 10, 2015, and that all
recommendations and comments contained therein be
adopted as resolutions of Council.
“CARRIED”
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September 1, 2015
Minutes to Receive
a)
Committee of Adjustment - August 4, 2015
11.
THC 4752015
BE IT RESOLVED that Council receive the Committee of
Adjustment meeting minutes of August 4, 2015 as
information.
“CARRIED”
BY-LAWS
a)
By-law 2015-88 - Appoint Treasurer/Director of Finance
THC 4762015
appoint a Treasurer/Director of Finance for the Municipality of
Trent Hills, be introduced and deemed to be read a first,
second and third time, passed and properly signed and
sealed this 1st day of September.
“CARRIED”
12.
MAYOR'S COMMENTS
13.
GENERAL BUSINESS
a)
Queen Elizabeth II Celebration - Proclamation
14.
NOTICE OF MOTION
15.
PUBLIC QUESTION PERIOD (10 MINUTES)
16.
PRESS QUESTION PERIOD (10 MINUTES)
17.
CONFIRMATORY BY-LAW
a)
By-law 2015 - 87 - Confirmatory
THC 4772015
BE IT RESOLVED that By-law 2015 - 87 being a by-law to
confirm the proceedings of the regular meeting of Council
held on September 1, 2015, be introduced and deemed to be
read a first, second and third time, be passed and properly
“CARRIED”
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September 1, 2015
18.
ADJOURNMENT:
SECONDED BY Councillor Rosemary Kelleher-MacLennan
BE IT RESOLVED that this regular meeting of Council be adjourned
at 8:30 p.m.
“CARRIED”
Hector Macmillan (Mayor)
Shari Lang (Clerk)
THC 4782015
Page 279 of 304
Heritage Advisory Committee Meeting Minutes
August 26, 2015
HERITAGE ADVISORY COMMITTEE MINUTES
Wednesday, August 26, 2015 at 6:30 PM
Records Management Room, Municipal Office
Present:
Donald Buchanan
Cindy Colford
Margaret Elmhirst
Ian Wilkins
Councillor Catherine
Redden
Jim Peters, Director of
Planning
Absent:
Michal Vavro
1.
CALL TO ORDER:
The meeting was called to order at 6:27 pm.
2.
a)
Heritage Awareness Plaques
3. APPROVAL OF THE AGENDA:
4.
INTEREST:
None
5.
PRESENTATIONS/DELEGATIONS:
None
6.
REPORTS:
None
7.
COMMUNICATIONS:
None
8.
ADOPTION OF MINUTES:
a)
Page 280 of 304
August 26, 2015
Heritage Advisory Committee - July 22, 2015
SECONDED BY Councillor Ian Wilkins
HAC182015
BE IT RESOLVED that the minutes of the Heritage Advisory
Committee meeting, July 22, 2015, be approved.
"CARRIED"
9.
GENERAL BUSINESS:
a)
Cultural Heritage Resource Assessment - Trent River Bridge
Crossing
The Committee reviewed the Cultural Heritage Resource
Assessment for the Bridge Crossing.
The Committee was in agreement with the recommendations.
The Committee recommended that Council be made aware of
the recommendation by bringing it forward to the Planning
Advisory Committee.
b)
Update Regarding Percy Portage
The Committee discussed the plaque wording and suggested
additional changes. The members were asked to provide
suggestions as soon as possible.
MOVED BY Cindy Colbert
SECONDED BY Margaret Elmhirst
HAC19- I
2015
BE IT RESOLVED that the project be supported with
changes to the wording as suggested by the Heritage
Committee.
"CARRIED"
c)
Restoration of Campbellford Legion & Heritage Grant
Elgibility
The Committee reviewed the Campbellford Legion restoration
project. There was support for the work being done.
The Committee was concerned that the Campbellford Legion
be provided with information correcting any misconception
about the impact of heritage designation on insurance costs.
The Committee was also supportive of augmenting any
Community Improvement Grant funding that Council might
direct to the project with up to $5,000 from the Heritage
Program budget.
MOVED BY Cindy Colbert
HAC202015
Page 281 of 304
August 26, 2015
BE IT RESOLVED that the Committee encourages Council to
find a way to support the project.
"CARRIED"
d)
Designations - 79 & 80 Frank Street
MOVED BY Ian Wilkins
HAC212015
BE IT RESOLVED that the designations be brought forward
to the Committee in final draft form to be considered before
being recommended to Council.
"CARRIED"
e)
Heritage Awareness Plaques (Addition to the Agenda)
Committee members provided updates on the properties they
were working on:
- 18, 20 & 28 Main Street in Warkworth & 38 Booth
Street, Campbellford
The members working on these properties were encouraged
to create draft plaques for submission to the owner and the
Heritage Committee for consideration.
f)
Heritage Register
Donald Buchanan reported that he had been looking at
additional properties to add to the register. He recommends
that 63 Concession 1 West and 13779 County Rd 29 be
added to the register.
g)
Around the Kitchen Table
Members of the Committee had been admiring architecture in
various parts of Ontario and the United States.
The members identified gingerbread on the homes in
Vankleek Hill near Hawkesbury.
The Agricultural Fair in Dunnville had moved to a former
airport site and incorporated displays in the airport museum.
The opulence of the homes in Bar Harbor, Maine, was
described by another member of the Committee.
Another member had visited the S.S. Keewatin.
h)
Next Meeting:
Wednesday, September 30, 2015
Page 282 of 304
August 26,2015
MOVED BY Cindy Co!ford
SECONDED BY Ian Wilkins
HAC222015
BE IT RESOLVED that the next meeting be held on
Wednesday, September 30, 2015 at 4:00 pm in the Records
Management Room at the Municipal Office.
"CARRIED"
10. ADJOURNMENT:
The meeting adjourned at 8:12 pm.
Page 283 of 304
Campbellford Seymour Revitalization Committee Meeting Minutes
June 18, 2015
Campbellford Seymour Revitalization Committee - 18 Jun 2015
MINUTES
Thursday, June 18, 2015 at 2:00 PM
Clock Tower Cultural Centre - Council Chambers
Present:
Councillor Cathy Redden
Councillor Rosemary
Kelleher-MacLennan
Brad Hilker
Bonnie Wilson
Sarah Lewis
Mark White
Joan Sheppard
Caroline Bingley
Lynn Phillips - Staff
Absent:
Aaron Macanuel
12.
CALL TO ORDER:
a)
13.
Meeting was called to order at 2:05 p.m.
MOVED BY Cathy Redden
SECONDED BY Rosemary Kelleher-MacLennan
12-2015
BE IT RESOLVED that a discussion on the Kawartha Pine Ridge
District School Board accommodation study by added to the
agenda.
“CARRIED”
14.
MOVED BY Joan Sheppard
SECONDED BY Mark White
13-2015
BE IT RESOLVED that the agenda of the June 18 meeting be
approved as amended.
“CARRIED”
15.
INTEREST:
a)
None.
Page 284 of 304
June 18, 2015
16.
PRESENTATIONS/DELEGATIONS:
a)
Phil Pike, Detachment Commander O.P.P.
Rural Crime presentation
An update was provided by Phil Pike, Detachment
Commander of the O.P.P. on rural crime in the local area.
Specifically shop lifting and the process for laying charges
was discussed including the importance of making the police
aware of all incidents as well as having sufficient evidence.
Other areas discussed included police presence on the
streets and in the community, traffic control, vandalism/graffiti,
and importance of community engagement in deterring crime.
It was suggested that local business associations including
the Campbellford BIA and the Trent Hills and District
Chamber of Commerce could circulate information to their
membership on tips to deter shoplifters and how to deal with
theft in their businesses. A representative from the O.P.P.
could even come and speak with members of these
associations at an evening event if they wish to organize one.
17.
ADOPTION OF MINUTES:
a)
Minutes of the May 28, 2015 meeting.
Joan Sheppard provided a correction to the minutes. The
name of the Incredible Edibles Festival guest speaker is Jude
Cohen-Phillips and she is from Todmorden.
MOVED BY Bonnie Wilson
SECONDED BY Rosemary Kelleher-MacLennan
BE IT RESOLVED the minutes of the May 28 meeting be
approved as amended.
“CARRIED”
18.
REPORTS:
a)
Sector / Organization Updates
Brad Hilker, Health Sector - Campbellford Memorial Hospital
recently launched the Geriatric Assessment Intervention
Network (GAIN) at 119 Isabella Street. This program
supports frail older adults living at home or in retirement
residences, allowing them to stay in their homes longer.
Mark White, Trent Hills & District Chamber of Commerce The Connections Committee comprised of representatives
from the Municipal Revitalization Committees and the local
business associations held their first meeting. This group will
meet again in the fall.
Joan Sheppard, Cultural Events - Looking at crosspromotional opportunities between the Incredible Edibles
Festival and Art on Main in Brighton. It was requested that
14-2015
Page 285 of 304
June 18, 2015
the group put forward names of individuals that should be
invited to the breakfast event following the Incredible Edibles
Festival with Jude Cohen-Phillips as the guest speaker.
Caroline Bingley, Campbellford BIA - Plans for the upcoming
Campbellford Waterfront Festival are coming together. There
are a number of new features and improvements this year
including a wine tent and vendors on the east side of the river.
The BIA's Beautification Committee has sent out letters to
those businesses that have expressed interest in the
Municipal C.I.P. program. The BIA is about to hire a new
secretary.
19.
GENERAL BUSINESS:
a)
b)
c)
20.
Goals and objectives - revised
The goals and objectives of the Committee were reviewed
once again. This document will be updated prior to each
meeting and provided with the agenda.
Campbellford Town Square
The proposed Town Square at the corner of Front and Bridge
Street was discussed. The ideas included Christmas trees
and seasonal decorations, a kids/educational component, the
importance of community engagement, and ensuring the any
plans will be consistent with and build upon the beautification
plans of the Campbellford BIA.
KPRDSB School Accommodation Study
A questionnaire is available on the KPRDSB website to
gather information for the accommodation study. The more
input the better. This can be accessed at www.kprschools.ca
ADJOURNMENT:
MOVED BY Joan Sheppard
SECONDED BY Caroline Bingley
15-2015
BE IT RESOLVED the meeting of June 18, 2015 be adjourned at
4:05 p.m.
“CARRIED”
Page 286 of 304
Committee of Adjustment Meeting Minutes
September 1, 2015
COMMITTEE OF ADJUSTMENT MINUTES
TUESDAY, SEPTEMBER 1, 2015
HASTINGS CIVIC CENTRE
6 ALBERT STREET EAST, HASTINGS
Present: Mayor Hector Macmillan
Councillor Rosemary Kelleher-MacLennan
Councillor Catherine Redden
Councillor Rick English
Councillor Ken Tully
Absent:
Deputy Mayor Bob Crate
Staff:
Lynn Phillips, Chief Administrative Officer
Shari Lang, Clerk
Jim Peters, Director of Planning
Press:
John Campbell, Independent
Others:
Darlene Bull, Bryce Bull, Bill Adam, Terry Adam, Paul Smith, Susan
Thompson
1.
CALL TO ORDER:
a)
2.
a)
3.
The meeting was called to order at 7:20 p.m., with Councillor
Rosemary Kelleher-MacLennan as chair.
No items were added to the agenda.
CA47-2015
BE IT RESOLVED that the agenda for the meeting of September 1,
2015, be approved as presented.
“CARRIED”
4.
INTEREST:
a)
None were declared.
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September 1, 2015
5.
MINUTES:
a)
Committee of Adjustment Minutes - August 4, 2015
CA48-2015
BE IT RESOLVED that the minutes from the August 4, 2015
meeting be approved as presented.
“CARRIED”
6.
APPLICATIONS:
a)
SR-0537
COA-2015-23
Severance Consent Applications B21/2015 and B22/2015,
Susan Thompson (Adam)
SECONDED BY Mayor Hector Macmillan
IN THE MATTER of Consent Applications B21/2015 and
B22/2015, by Susan Thompson / Terry Adam, with respect to
property located in Concession 15, Part of Lot 24, 352
Friendly Acres Road, Percy Ward, Roll # 14 35 229 050
17000 0000. Severance Consent Application B21/2015
proposes to create one new parcel being approximately 46
acres in size, with the existing outbuildings. Severance
Consent Application B22/2015, proposes to create one new
parcel being approximately 40 acres in size, of vacant land.
The retained portion is approximately 8 acres, with the
existing residential dwelling. Zoning Amendment Application
C09/2015, has been filed in conjunction with these severance
consent applications.
Paul Smith, Agent, was in attendance to discuss the
application.
Notice of the Public Meeting was given in accordance with
the Planning Act.
Jim Peters, Director of Planning, presented Staff Report
COA-2015-23. Two applications for consent have been
received with respect to property located in Concession 15,
Part of Lot 24, 352 Friendly Acres Road, Percy Ward.
Severance Consent Application B21/2015 proposes to create
one new parcel, being approximately 46 acres in size, with
the existing outbuildings. Severance Consent Application
B22/2015 proposes to create one new parcel, being
approximately 40 acres in size, of vacant land. The retained
portion is approximately 8 acres, with the existing residential
dwelling. This application has been filed in conjunction with
Zoning Amendment Application C09/2015. The application
proposes to create two new parcels, being approximately 46
acres and 40 acres, for residential building purposes. The
retained portion contains the existing residential dwelling. The
lands in question are designated as a combination of Prime
Agricultural, Rural and Greenlands within the Trent Hills
Official Plan. The Prime Agricultural designation follows a
narrow portion of the lands along Friendly Acres Road.
CA49-2015
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September 1, 2015
Zoning is a combination of Agricultural, Rural, Environmental
Protection and Environmentally Sensitive, in the Trent Hills
Zoning By-law. The Environmental Protection follows a
wetland feature on the property, as well as being due to the
proximity of the Trent River. The policies within the Official
Plan permit the consideration of the creation of a limited
number of rural residential lots. Consideration is to be given
to the proposed use of the lot, the topography of the lot and
the general pattern of development in the area. The applicant
has submitted a zoning amendment application in conjunction
with the severance application. The Zoning Amendment
proposes to rezone the retained portion to Rural Residential.
The zoning of the severed portions will remain unchanged.
Planning staff have met with the applicant, to discuss their
the appropriate manner, as well as the required outside
agencies and municipal departments. The process to
consider consent applications is being carried out in
accordance with the process as set out in the Planning Act. It
involves pre-consultation, filing of a complete application,
public and agency circulation, consideration at a public
meeting and circulation of the decision. The application for
consent is being considered with regard to the policies
contained in the Official Plan and the Provincial Policy
Statement. Planning Staff have been involved in the review of
the application and preparation of notices and reports. All
fees have been collected in order to consider the application
as complete. The Notice of Decision will be circulated to the
applicant and any agency or individual who has requested a
copy.
Lower Trent Conservation Authority:
In appears as though an Environmental Protection (EP) Zone
and Environmentally Sensitive (ES) Zone is already in place
for the subject lands and will remain. This will assist in
ensuring there are no negative impacts on the natural hazard
and natural heritage features as well as no impacts on the
control of flooding.
Lower Trent Conservation has no concerns with the approval
of the applications, should the following be addressed:
1. Landowner(s) be advised of the applicability of the
Development, Interference with Wetlands & Alterations to
Shorelines & Watercourses Regulation.
Lower Trent Conservation requests a copy of the decision
regarding this application.
Neil Allanson, Manager of Roads and Urban Services:
Proposed Severance Consent Application B21/2015: the
existing entrance would need to be brought up to Municipal
specifications and any new entrance would have to be within
30 metres of the existing entrance to meet sightline
requirements.
Proposed Severance Consent Application B22/2015: Any
entrance installed will have to be located on the flat portion of
road west of the hill, to meet the sightline requirements.
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September 1, 2015
Written Comments: None were received.
Applicant Comments: Paul Smith, agent for the applicants
confirmed the workable farmland is being kept together and
farming activities will continue. Jim Peters, Director of
Planning, agreed and confirmed the Agent's comments.
Public Comments: No one spoke for or against the
application.
Committee Comments: The Committee enquired about the
potential for road widening if required. Jim Peters confirmed
if lands for road widening are required, it will be determined
by the Ontario Land Surveyor upon the completion of the
survey.
BE IT RESOLVED that the Committee of Adjustment
received Staff Report COA-2015-23, regarding Severance
Consent Applications B21/2015 and B22/2015, as
information;
SEVERANCE CONSENT APPLICATION B21/2015
AND FURTHER that the Committee of Adjustment approve
Consent Application B21/2015, with respect to property
located in Concession 15, Part of Lot 4, 352 Friendly Acres
Road, Percy Ward, Roll # 14 35 229 050 17000 0000, for
application to sever one new parcel, being approximately 46
acres with accessory buildings, for residential building
purposes, from 94 acres, with the following conditions.
1. That $750.00 for each new vacant building lot created, is
paid cash-in-lieu of parkland pursuant to Section 53 of the
Planning Act, RSO 1990, as amended, and the
Municipality of Trent Hills By-law 2001-42.
2. That all outstanding and current taxes on the subject
property are paid in full.
3. That the applicant meet all the requirements of the
Municipality of Trent Hills Building By-law 2001-37, as
amended, for approval for the sewage disposal system.
Municipality of Trent Hills Public Works Department, for
determining an approved location(s) for a residential
entrance.
5. That a parcel of land measuring 33 feet wide along the
frontage of the severed and retained lands (as measured
from the centre line of the travelled road) for road
widening purposes be dedicated (in the form of a
registered deed) in favour of the Municipality and
conveyed at no cost to the Municipality. This requirement
must be addressed to the satisfaction of the Public Works
Department and may be determined to be unnecessary by
an Ontario Land Surveyor.
6. That the applicant rezone the retained parcel of the
property to Rural Residential, to conform to the
Municipality of Trent Hills Zoning By-law 2010-105.
7. That the applicant provide a registerable description under
the requirements of the Registry Act.
8. That the applicant provides two copies of a registered
survey of the subject property, prior to the issuance of the
Certificate of Consent.
9. That the initial deed, due to severance, be prepared in the
name of the current owner(s) of the severed property who
have applied for the consent. Any subsequent transfer
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September 1, 2015
from the original to a third party is to be properly
registered at the Registry Office.
10. If all conditions of this decision have been fulfilled within
one year of the date on the "Notice of Decision" and all
authorities concerned have so notified the Clerk in writing,
the Clerk is authorized to issue the Certificate of Consent.
“CARRIED”
CA50-2015
SEVERANCE CONSENT APPLICATION B22/2015
AND FURTHER that the Committee of Adjustment approve
Consent Application B22/2015, with respect to property
located in Concession 15, Part of Lot 4, 352 Friendly Acres
Road, Percy Ward, Roll # 14 35 229 050 17000 0000, for
application to sever one new parcel, being approximately 40
acres of vacant land for residential building purposes, from 94
acres, with the following conditions.
1. That $750.00 for each new vacant building lot created, is
paid cash-in-lieu of parkland pursuant to Section 53 of the
Planning Act, RSO 1990, as amended, and the
Municipality of Trent Hills By-law 2001-42.
2. That all outstanding and current taxes on the subject
property are paid in full.
Municipality of Trent Hills Building By-law 2001-37, as
amended, for approval for the sewage disposal system.
Municipality of Trent Hills Public Works Department, for
determining an approved location(s) for a residential
entrance.
5. That a parcel of land measuring 33 feet wide along the
frontage of the severed and retained lands (as measured
from the centre line of the travelled road) for road
widening purposes be dedicated (in the form of a
registered deed) in favour of the Municipality and
conveyed at no cost to the Municipality. This requirement
must be addressed to the satisfaction of the Public Works
Department and may be determined to be unnecessary by
an Ontario Land Surveyor.
6. That the applicant provide a registerable description under
the requirements of the Registry Act.
7. That the applicant provides two copies of a registered
survey of the subject property, prior to the issuance of the
Certificate of Consent.
8. That the initial deed, due to severance, be prepared in the
name of the current owner(s) of the severed property who
have applied for the consent. Any subsequent transfer
from the original to a third party is to be properly
registered at the Registry Office.
9. If all conditions of this decision have been fulfilled within
one year of the date on the "Notice of Decision" and all
authorities concerned have so notified the Clerk in writing,
the Clerk is authorized to issue the Certificate of Consent.
“CARRIED”
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September 1, 2015
7.
OTHER BUSINESS:
a)
8.
No further business.
ADJOURNMENT:
CA51-2015
BE IT RESOLVED that this meeting of the Committee of Adjustment
be adjourned at 7:30 p.m.
“CARRIED”
Page 292 of 304
CBIA
Board of Directors Meeting
Monday, June 22 2015
Present:
President:
Caroline Bingley
Vice-President:
Justin Locke
Past President:
Secretary:
Courtenay Masters
Directors present: Dawn Wannamaker, Brooke Allan, Janice Rabethge
Directors absent:
Tanya Orr
1. Call to order
Caroline called the meeting to order at 5:30 p.m.
2. Administrative assistant position
Motion to move into a closed session to discuss and vote on administrative
assistant position.
Moved by: Justin
Seconded by: Janice
Motion carried
3. Motion to Rise
Moved by: Justin
Seconded by: Janice
Motion carried
4. Attending guest
Page 293 of 304
Laura Vickers from Community policing attended the meeting to discuss the
Child ID program that is planned for the festival.
The Board introduced themselves to the guest.
Laura advised that the program is a combination of data such as photographs,
DNA, right ear/left ear photos and fingerprints that will be collected and provided
to parents on a disk for the cost of a donation to the program. They also ask the
children various questions (i.e. where do you go when you are sad) and include
this with the data. They will set up during the waterfront festival in the Forest
Dennis centre and will invite families with young children and potentially seniors
(still to be determined). It was recommended to Laura to contact Island Park for
assistance with this.
What can the BIA do to help? We can offer a portion of the parking lot and
include the program in our advertising. Action: Caroline
Laura will be invited to attend the next meeting; she will need to be advised via
email of the meeting date. Action: Courtenay
Ticket Printing and children's prizing
Justin advised that he had spoken to the municipality about prizing from last year;
the Hastings arena currently holds all materials for the BIA such as prizes and
tents, however there was significant damage to a few things by mice over the
winter. Justin will go to Hastings and bring back the items for sorting. Caroline
has a list of the items being stored and will provide a copy to him. Action:
Caroline
Going forward, bins will need to be provided for better storage of goods.
Caroline confirmed that the Early Years Centre will take responsibility for
running 5 children's events (twice), at 11 am and then again at 3 pm. For prizing,
it was suggested to ask the grocery stores for donations of freezies when asking
for the donation for watermelons. Action: Justin
As the board is new, we have no numbers to count on for how many children will
participate. Brooke will look for prize receipts from previous years to determine
how many children we will need to provide prizes for. Action: Brooke
A lottery license has been obtained for the ducky races. 4% of the profit is due
upon completion of the event. The tickets must have 2 portions, one for the
purchaser and one that we retain. It must also have the lottery license number on
both portions. There will be 2 races, and a prize for both of a $100 gift card to
either No Frills or Sharpes. Tickets are $2 each. It was suggested to pre sell
tickets through both local merchants and board members and all were in
agreement. The design of the tickets is still to be determined; Caroline and
Courtenay will work on that and send an email for approval. If tickets are printed
by July 6, Courtenay can visit merchants to introduce herself as well as place
tickets there for sale. Action: Caroline and Courtenay
In exchange for loaning the ducks to Tweed for an event, they have offered in
payment two (2) tickets to the Elvis Festival, worth $60 per ticket. A discussion
ensued regarding how to use these tickets to add revenue to the festival; it was
decided to hold a silent auction and have the tickets as 1 item. The auction will be
304 limit associated with it so winners can
the day of the festival but will Page
have294a of
time
come back to purchase what they bid on, thus saving the work for the Board to
have to transport the items again. All Board members are to source items for a
silent auction, where possible. Brooke suggested asking a lawyer to donate a free
"Last Will and Testament"; this has been successful at other silent auctions.
Action: Brooke
Security & Emergency Services
The Emergency services budget has decreased from $800 to $400, as there is no
longer a requirement for lifeguards.
There will be a first aid station onsite (Dustin Imperial), and at least 2 of the
volunteers are trained in First Response. It was suggested to provide bright
nametags for all volunteers, so attendees will know who to go to in the event of an
emergency. All volunteers will need to be advised of where to direct them. The
fire department will be onsite, and OPP are available. Calling 911 is
recommended in the event of unknown injury.
The number of volunteers needs to be confirmed; Justin will email the form
required from all volunteers, and everyone will ensure that these are submitted.
Action: Justin
Setup
Rosemary confirmed that Scott Rose would order the sand through Davidsons.
The wine and cheese event space has been confirmed at 40X40 and the liquor
license limits guests to 133 at one time in that space.
Responsibility for the Blue Loos needs to be confirmed. Action: Rosemary
Advertising
Tanya is unable to continue being responsible for the advertising so this will now
be taken over by Caroline and Courtenay. The goal is to promote the downtown in
a consistent format. Signage for the festival needs to be created and it is
recommended to not include dates but rather "the August long weekend" or "the
first Saturday in August". A draft design will be provided at the next meeting.
Action: Caroline and Courtenay
The posters for the festival, which will have the date on them, should include the
names of all sponsors.
The Community portion of radio shows will add the event information for free.
Fireworks
So far we have received $1405 in donations to the fireworks.
A motion was made to approve the spending of $6000 on fireworks, which is the
same as last year.
Moved by: Justin
Seconded by: Janice
Motion carried
Pagewill
295 ofprovide
304
Hector Macmillan, free of charge,
sound and entertainment. He will
provide music and a light show. It was suggested to have a Jazz player outside the
wine and cheese tent. This is a contact of Justin's and he will approach him.
Action: Justin
There is currently room for 12 more vendors.
Wine and Cheese
The following items were discussed:
• A liquor license has been purchased for $75
• Empire will provide the cheese, and may donate a portion, but that is to be
determined. Also need to advise Empire that we are selling it. Action: Dawn
• Need to decide if the cheese will be cut and portioned in advance, which
would be preferred. If Empire does this, we may need to pay for it, as they
will have to pay employees.
• Cookies are being donated (1000) from Sprucewood. We plan to sell them and
will need to advise Sprucewood of this. Action: Caroline
• Fencing needs to be 3.5 feet tall; due to cost, we will settle on the snow
fencing.
• A non-alcoholic option needs to be offered in the tent; suggest sparkling water
or bottled water. Caroline to ask the wholesale about donation the water.
Action: Caroline
• Wine glasses cannot be glass. There are acceptable plastic wine glasses
available; the wholesale may have them and Caroline will ask when she calls
about the water. Action: Caroline
• Tables and chairs are required for outside the tent. Suggested to rent 10
cocktail height tables and then provide 2 or 3 tables with chairs for those who
need to sit in order to eliminate accessibility issues. Action: Dawn
• Caroline will provide lights and linens for the tent and tables. Action:
Caroline
Next Meeting date
Monday, July 13 2015 @ 5:30 p.m. in clock tower building.
Subsequent meeting dates are: July 20 and July 27. Regular board meetings will
resume in August, following the waterfront festival.
It was noted that we are still in need of 2 additional board members; Janice will
assume the position of past president, once ratified by the board.
Schelle has the application form for new board members; Caroline will get a copy
to Brooke so she can provide to the TD Bank as they had an interest in possibly
nominating someone.
The July 13 meeting agenda will include a small amount of time to discuss new
board members. Action: Courtenay
Motion to adjourn at 7:43 p.m.
Moved by: Brooke
Seconded by: Dawn
Motion carried
Page 296 of 304
Action Items
• Include the Child ID program in our advertising. Action: Caroline
• Advise Laura (of Community policing) about the next meeting date. Action:
Courtenay
• Provide Justin with a list of the items in storage. Action: Caroline
• Ask the grocery stores for donations of freezies when asking about watermelons.
Action: Justin
• Look for prize receipts from previous years to determine how many children we
will need to provide prizes for. Action: Brooke
• Ticket design for ducky race created and sent for review to board via email.
• Ask local lawyers to donate a "last will and testament" for a silent auction prize.
Action: Brooke
• Email the application for volunteering at the festival to all board members.
Action: Justin
• Confirm responsibility of the Blue Loos. Action: Rosemary
• Design a draft for the festival signage and the posters Action: Caroline and
Courtenay
• Contact local radio stations re: promoting details for event during community
portion of shows. Action: Caroline and Courtenay
• Jazz player for outside the wine tent. Action: Justin
• Advise Sprucewood that we will be selling the cookies that they donate. Action:
Caroline
• Ask the wholesale about donating the water for a non-alcoholic option in the wine
tent, and about plastic wine glasses. Action: Caroline
• Tables and chairs for outside the wine tent. Action: Dawn
• Lights and linens for the tent and tables. Action: Caroline
• Add to the July 13 meeting agenda to discuss new directors. Action: Courtenay
Page 297 of 304
CBIA
Waterfront Festival Meeting
Monday, July 13 2015
Present:
President:
Caroline Bingley
Vice-President:
Justin Locke
Past President:
Janice Rabethge
Secretary:
Courtenay Masters
Council Rep:
Rosemary Kelleher-MacLennan
Directors present: Dawn Wannamaker, Brooke Allan
Directors absent:
Tanya Orr
Guests:
Brenda Bullock, Laura Vickers
1. Call to order
2. Items to be added to the agenda
There were no items to add
3. Motion to approve the agenda
Moved by: Justin
Seconded by: Dawn
Motion carried
4. Declaration of Pecuniary Interest
None
S. Declaration of number of Volunteer hours
Vt
Page 298 of 304
Justin — 60 hours
Caroline — 150 hours
Janice — 10 hours
Dawn —30 hours
6. Delegations — none at this time
7. Minutes of Previous Meeting
There were no changes to the minutes.
Motion to approve the previous minutes
Moved by: Janice
Seconded by: Justin
Motion carried
8. Treasurer's Report
Brooke reported that as of May 29, 2015 the account balance is $31,928.
There are still donations to the fireworks coming in, and that total currently sits at
$1655.
Motion to approve the Treasurer's report
Moved by: Rosemary
Seconded by: Dawn
Motion carried
9. Committee Reports
The beautification committee has proceeded to distribute the packages and letter
regarding the program. The next phase will be to hit more storefronts once the
initial recipients move on it and talk about it.
Barb Dagmire has purchased where the Country Kitchen was, and she was
unaware of the beautification program. It was suggested that local Realtors be
provided the program information so that they may share with potential
purchasers.
There was discussion about the welcoming of new businesses to town. Although
the Chamber does a welcome, it was decided that the BIA should as well. We will
have Schelle create a scroll to be handed out to new businesses. This is a good
time to also talk about the CIP and accessibility. Action: Caroline
It is unclear if the BIA is always informed of new businesses to the area, so
anyone hearing of it should please let the Board know. Action: all
Page 299 of 304
Nomination Committee
An application for a director position was submitted by Roxanne Flagler of
Roxy's hair design.
A motion to accept Roxanne as a new director was moved by Justin, seconded by
Brooke.
Motion Approved
Justin will approach Roxanne to welcome her to the board
10. Waterfront Festival
Volunteers who have been accepted for the festival are noted as follows:
•
•
•
•
•
•
•
•
•
Gene Wannamaker
Leisa Peacock
Marilyn Linn
Chase McDonald
Roxanne Flagler
Adrianne Towns
Patrick Lee
Bob Bullock
Brenda Bullock
More volunteers are still required. It is recommended that a schedule be made to
keep the hours to 3-hour increments, especially for the younger volunteers.
Lunch should be provided for volunteers who donate more than 4 hours of time.
We will ask Christ's church, plus a food vendor from East Park to negotiate a
ticket for the volunteer to get food. Action: Justin
Laura of Community Policing updated that they will run the Child ID program fro
11 am to 6 pm. They will start at 10 to accommodate seniors, if any attend. The
program will be advertised on the CMHA sign across from Tim Horton's and a
write up in the community newspaper to advertise to the seniors.
Music — The Rebels may not have a band in Old Mill Park anymore so Caroline
has approached 3 other local bands. Roxanne and Phil have agreed to perform for
$600. The Rebels have agreed to pay half. They will play from 8 pm to 10 pm in
Old Mill Park. Island Park is donating the use if their sound speaker to amplify
the band.
A motion was made by Brooke to hire Floxee, seconded by Janice.
Motion Approved
The new music budget is $300.00
Security and Emergency budget is now $0. There was a discussion about the
necessity of police officers for security in the wine tent; Dawn will ask Tracy
Rowe at LCBO if it is required. Action: Dawn
Page 300 of 304
The municipality will cover the portable washrooms and the sand for the
volleyball pit. The communicator ad will run for 2 weeks at no charge.
Banners and posters have been purchased. There is a wine tent banner, a fence
banner, 2 laminated posters, 50 lawn signs with stands, the duck posters, duck
tickets, and schedules. Total is $800.00
Dave Lane has offered to go to all local B&B's and resorts to distribute posters.
$500 for the horse and buggy. The route will be around town and will include a
bit of the canal. Approx. 15 —20 mins each ride. There was some discussion about
how the horse mess will be cleaned up, Caroline will ask — Action: Caroline
Caroline has sent a letter to council requesting that the road be closed off by East
Park. A barrier will be required to block it. Justin will ask the town for 30 pylons
and Rosemary will ask the fair board about cattle barriers. Action: Justin and
Rosemary
Ted Sheppard has offered to sell ducky tickets at Sharpes on a Saturday.
The ducks did not end up being used by Tweed; they told us to keep the Elvis
tickets so we will do a free raffle for them.
The kid's games have $100 left in the budget for prizing. The wholesale is
donating the freezies.
Wine and Cheese tent
The container for the cheese/chocolate/grapes will be medium sized and will have
4 cookies inside as well. Glassware needs to be sourced. Courtenay will check
Party city in Belleville as she is going there this week. Action: Courtenay
Churchkey will be selling beer in the wine tent as well.
Hector requires a schedule for the announcements. Action: Caroline
Dart cup will donate large pieces of cardboard to make the Parking signs.
We will stagger the set up of vendors so there is no congestion. Caroline and
Courtenay will call them to assign times and booth spaces.
Next Meeting date
Motion to adjourn at 8:13 p.m.
Moved by: Janice
Seconded by: Brooke
Motion carried
301 of 304
ActionPage
Items
• If anyone hears information on new businesses coming to town, please share
with the Board for welcoming - All
• Get a scroll from Holmstead to present to new businesses at their welcoming
• Call Christ's church and another food vendor from East Park regarding food
to be supplied to volunteers - Justin
• Ask Tracy Rowe @ LCB0 if security is required for Wine and Cheese tent Dawn
• Posters to be changed to reflect new sponsors, and change Forgrave's logo Caroline
• Ask horse and Buggy attraction how the horse waste will be cleaned up Caroline
• Ask town for 30 pylons - Justin
• Ask fair board for Cattle barriers - Rosemary
• BIA inventory to be picked up from Hastings - Justin
• Source plastic wine glasses in Belleville at the Party Place - Courtenay
• Put together an announcement schedule for Hector - Caroline
• Distribute a list of board members' cell phone Ws for day of event Courtenay
• Email the additions to the sponsor list - Brooke
Page 302 of 304
CBIA
Waterfront Festival Meeting
Monday, July 20 2015
Present:
President:
Caroline Bingley
Vice-President:
Justin Locke
Past President:
Janice Rabethge
Vt
Secretary:
Courtenay Masters
Vt
Council Rep:
Rosemary Kelleher-MacLennan
Directors present: Dawn Wannamaker, Brooke Allan, Roxanne Flagler
Directors absent:
Tanya Orr
Call to order
The issue of the BIA mail was brought up; Justin confirmed that the box is
changing to # 1888. Caroline will advise Schelle.
Justin will ensure the mail is transferred with the post office
Action items were reviewed from previous meeting:
• Security is not required for wine tent - Dawn will have a volunteer to
monitor the door since it is an age of majority event.
• Bob Crate is not donating the wine as previously understood. He will
give us 3 bottles for free per case that we buy. It was decided to buy 2
red and 2 white from Bob and the rosé from the LCBO.
• Our liquor license was approved, but the Rebels' was not. Caroline will
offer some help to Bob Reid with his application.
• Chocolate in the cheese package will be nut free
Page 303 of 304
New Action Items
• Ask horse and Buggy attraction how the horse waste will be cleaned up Caroline - Ongoing
• Put together an announcement schedule for Hector - Caroline
• Purchase prizes for kids games (75 required) - Caroline
• Call Bob Reid and offer assistance with liquor license issues - Caroline
• Determine what the early years centre will do for games so that we can then
purchase required props - Caroline
• Check with the town when someone will be in the park so that they can help
set up the music - Rosemary
• Lighting for inside the gazebo - Roxanne
• Call all vendor to advise of park location and time for unloading - Caroline
and Courtenay
• Determine parking control volunteer requirements - Justin and Courtenay
• Source workhorses for street barricade - Justin
• Ask Lawrence about parking behind masonic hall - Caroline
• Source availability of 20 X 20 tent to add to wine tent and see if it has sides Brooke
• Confirm if rented tent has sides - Justin
• Confirm when the rented table and chairs will be delivered - Dawn
• Determine operation of video cameras by the boat dock which will also cover
the area of the tents - Rosemary
• Floats for booths - $100 for Ducky sales @ Sharpes, $100 each for the 2 BIA
tents and $200 for the Wine tent - Brooke
• Costs determined as follows for wine tent: $6.00 glass of wine, $5.00
container of cheese, Beer not yet known - Dawn to call Churchkey
• Ask Nancy at the Chamber about boats and how the ducky race affects them Courtenay
• Tarps required for ducky race - Justin
• 10 X 10 tent for BIA - Brooke
• Fridges to keep food cold - Justin x2, Rosemary x1, Caroline x1
• Tarp for slip 'n slide - Caroline
• Create vendor schedule- Courtenay and Justin
Caroline adjourned the meeting at 6:46 p.m.
Next Meeting date:
Page 304 of 304
BY-LAW 2015-91
Being a by-law to confirm the proceedings of the regular meeting of
Council held on September 15, 2015
WHEREAS the Municipal Act provides for the adoption of a comprehensive
general by-law dealing with all or any of such matters within its jurisdiction;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE MUNICIPALITY OF TRENT HILLS HEREBY ENACTS AS
FOLLOWS:
1. That the action of Council at its regular meeting of Council held on
Tuesday, September 15, 2015 in respect of each motion, resolution,
and other action taken by Council at its meeting is, except where the
prior approval of the Ontario Municipal Board is required, is hereby
adopted, ratified and confirmed.
2. That the Mayor and proper officers of the Corporation are hereby
authorized and directed to do all things necessary, where required,
and the Mayor and Clerk are hereby directed to execute all
documents necessary in that behalf and the Clerk shall hereby be
authorized to affix the seal of the Corporation to all such documents.
By-law 2015-91 be introduced and deemed to be read a first, second and third
time, passed and properly signed and sealed this 15th day of September,
2015.
______________________________
Hector Macmillan ( Mayor)
___________________________
Shari Lang (Clerk)

Regular Council AM - 15 Sep 2015

Transcription

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