35 Alice Street, Brighton ON K0K 1H0 Council Agenda

35 Alice Street, Brighton ON K0K 1H0

Meeting Date: April 20, 2020

Location: Council Chambers

Time: 2:00 PM

Council Agenda

Page

1. Call to Order

2. Approval of Agenda 2.1. Approval of the April 20, 2020 Special Council meeting

agenda.

That Council approve the April 20, 2020 Special Council meeting agenda as presented or amended.

3. Declarations of Pecuniary Interests and the General Nature Thereof

4. Motions 4.1. Moved by Mayor Brian Ostrander

Seconded by Deputy Mayor Laura Vink

That Council suspend the Rules of Procedure By-law 126-2018 Subsection 4.2 Regular Meeting Schedule of Council and 4.3 Council Planning Meetings to alter the order of business for the month of May to amend meeting schedule to first and third Monday, cancel scheduled planning meeting and incorporate same into one of the other meetings; and further,

That the Rules of Procedure By-law 126-2018 Subsection 12.1 Council Agenda (i) Order of the Day (Special Meeting of Council) be suspended to alter the order of business during the COVID-19 Pandemic to the following:

• Call of order;

• Approval of Agenda;

• Disclosure of Pecuniary Interest;

Page

Agenda: Municipality of BrightonCouncil Meeting Monday, April 20, 2020

• Staff Reports;

• Round Table Discussions;

• Confirmation By-law;

• Adjournment.

4.2. Moved by Mayor Brian Ostrander

Seconded by Deputy Mayor Laura Vink

The province has extended all emergency orders under s.7.0.2 (4) of the Emergency Management and Civil Protection Act until May 12, 2020, including the closure of outdoor amenities in parks and recreational areas, non-essential workplaces, public places and bars and restaurants, along with restrictions on social gatherings. This extension is to help stop the spread of COVID-19 and protect the health and safety of Ontarians.

That as a result of the ongoing COVID-19 issue and the Government of Ontario extending all emergency orders Council feels it prudent to cancel all community events until the end of August, 2020.

5. Staff Reports 5.1. Chief Administrative Officer

2020 Capital Project Update

That Council receive the 2020 Capital Project Update Report for information purposes.

2020 Capital Project Update - Pdf

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5.2. Clerks Department

Appointment of temporary Municipal By-law Enforcement Officers - COVID-19 Pandemic

That Council receive staff report regarding Appointment of temporary Municipal By-law Enforcement Officers during COVID-19 Pandemic; and further

That Council approve the execution of a By-law to appoint temporary Municipal Law Enforcement Officers during the COVID-19 Pandemic.

Appointment of temporary Municipal By-law Enforcement

23 - 24

Page 1 of 28

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Officers - COVID-19 Pandemic - Pdf

6. Round Table Discussions 6.1. Advisory Committee's to meet virtually

6.2. Staff implications concerning COVID-19

7. By-Laws 7.1. By-law - Appointment of temporary Municipal Law

Enforcement Officer (COVID-19 Pandemic)

That Council gives a by-law its first, second and third reading and finally passes on this date:

Being a By-Law to appoint Temporary Law Enforcement Officers during the COVID-19 Pandemic for the Municipality of Brighton

By-Law 000-2020 Appointing Temporary By-Law Enforcement Officers - COVID-19

25

7.2. By-law - Purchase and Sale Agreement - SV Plumbing and

Heating

That Council gives a by-law its first, second and third reading and finally passes on this date:

Being a By-Law to authorize the Chief Administrative Officer to execute the appropriate documents and deeds to transfer title of Municipally owned property, being Municipality of Brighton Lot 7 on Schedule B to the Agreement (the “Lands”) to SV Plumbing and Heating

By-Law 000-2020 Sale of Land to SV Plumbing Brighton Industrial East

26

7.3. By-law - Stop Up, Close and Convey - Casely Lane Road

(Housekeeping item)

That Council gives a by-law its first, second and third reading and finally passes on this

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Page 2 of 28

Page


date:

Being a By-Law to Stop Up, Close and Convey a portion of an unopened road allowance comprising a part of Casey Lane Road allowance known as Part 2, Plan 38R1507, Municipality Of Brighton.

By-law 000-2020 Stop UpClosure and Convey Road Allowance _Casey Lane

8. Closed Session 8.1. Pursuant to the Ontario Municipal Act, 2001 Subsection 239

(2(b)) personal matters about an identifiable individual, including municipal or local board employee; Rent Abatement.

9. Confirmatory By-Law 9.1. Confirmation of the April 20, 2020 Council meeting

That Council gives a by-law its first, second and third reading and finally passes on this date: being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on April 20, 2020.

10. Adjournment 10.1. Adjournment of the April 20, 2020 Council meeting at _______

p.m.

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Municipality of Brighton

Council Meeting

Council Date: 20 Apr 2020

To: Council

Prepared By: Bob Casselman

Reviewed By:

Department: CAO

Subject/Title: 2020 Capital Project Update

Recommendation:

That Council receive the 2020 Capital Project Update Report for information purposes.

Background/Purpose:

The purpose of this report is to provide Council with an update of the 2020 Capital Projects and to consider how they may be impacted by the COVID-19 Pandemic.

Analysis/Comments:

On April 14, 2020, the Province extended the Declaration of Emergency under the Emergency Management and Civil Protection Act for a further 28 days.

The extension of the provincial Declaration of Emergency allows the Province to continue to enforce current Emergency Orders including the following:

1. Closure of outdoor recreational amenities such as sports fields, playgrounds, picnic areas,skateboard parks, marina/boat launches, community gardens and others.

2. Closure of Non-Essential Business List - Schedule 1.

3. Closure of all construction with the exception of "Critical Construction Projects"

The List of Essential Workplaces identifies those businesses that are permitted to continue operating under the Provincial Emergency Declaration. From a Municipal perspective, the following activities are still permitted:

Maintenance:

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20. Maintenance, repair and property management services strictly

necessary to manage and maintain the safety, security, sanitation

and essential operation of institutional, commercial, industrial and

residential properties and buildings.

Construction:

27. Construction projects and services associated with the healthcare

sector, including new facilities, expansions, renovations and

conversion of spaces that could be repurposed for health care space.

Community Services:

34. Businesses that deliver or support the delivery of services including:

i. Sewage treatment and disposal

ii. Collecting, transporting, storing, processing, disposing or recycling

of any type of waste.

iii. Potable drinking water

iv. Critical infrastructure repair and maintenance including roads,

dams, bridges etc.

v. Environmental rehabilitation, management and monitoring, and spill

clean up and response.

vi. Administrative authorities that regulate and inspect businesses.

vii. Professional and social services that support the legal and justice

system.

viii. Government services including but not limited to policing and law

enforcement, fire and emergency services, paramedics, coroner

and patholgy services, corrections and court services, licenses

and permits.

Staff continue to monitor and assess the implications of the various Emergency Orders on the ongoing operations of Municpal Services, including the 2020 Capital Project List.

Attached for Councils review is the the 2020 Capital and Major Operational Project Update. This update includes various projects that have been determined to be of lower priority and/or do not fall within the definition of

being a "Critical Infrastucture Project.

Legal/Legislative:

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Emergency Management and Civil Protection Act along with various Emergency Orders found on the e-Laws website.

Financial Implications:

Nil

Strategic Plan Alignment:

STRATEGIC INITIATIVES:

1. Be a responsible Municipal team.

2. Support Fire and Rescue Services.

3. Repair and Maintain Critical Infrastructure

Attachments:

Closure of Non-Essential Business List - Schedule 1

2020 Capital Project Update

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2020 Captial Project Update

BUDGET STATUS

GENERAL GOVERNMENT:

RECORDS MANAGEMENT SOFTWARE 50,000

COUNCIL CHAMBER TECHNOLOGY 80,000 TENDER AWARDED

COMPUTERS * 3,500

IT MASTER PLAN * 30,000 MOD. FUNDING APPL. PENDING

FLOWER GARDEN SPRINKLER SYSTEM 3,000 INSTALLATION IN MAY

ALICE STREET BRICK REPAIRS * 110,000

ALICE STREET GENERATOR DESIGN * 10,000

ALICE STREET SECURITY INITIATIVES 70,000 RFP UNDER REVIEW

TOTAL ADMINISTRATION 356,500

FIRE DEPARTMENT:

NEW PUMPER TANKER 475,000 TENDER CLOSES - APRIL 30

HOSES AND SUNDRIES 6,000 GAS DETECTOR ORDERED

COMMERCIAL WASHING MACHINE 10,000 INSTALLED

PPE 13,500 BUNKER GEAR PPE -ORDERED

SCBA COMPRESSOR 45,000 TENDERS UNDER REVIEW

WATER PUMP - STATION 2 6,000

COMMUNICATION UPGRADE - 2019 35,000 COUNTY RFP DELAYED-TECH.

TOTAL FIRE DEPARTMENT 590,500

HEALTH SERVICES:

WASHROOM RENOVATIONS - 2019 70,000 TENDER AWARDED

FURNITURE - 2019 11,500 COMPLETED

OUTSTANDING WORK ON ADDITION 14,000 COMPLETED

TOTAL HEALTH SERVICES CENTRE 95,500

PUBLIC WORKS:

67 SHARP- HEATERS,A/C,GARAGE DOORS * 65,000

CHATTEN GARAGE -HVAC * 62,500

ASSET MANAGEMENT SOFTWARE 147,500 RFP COMPLETED

MUNICIPAL FACILITIES CONDITION REPORT 100,000

COMPUTERS AND IPADS 5,000

ASSET MANAGEMENT PLAN 25,000 TENDER BEING REVIEWED

TOTAL PUBLIC WORKS BUILDING 405,000

ELECTRIC SUV 45,000 DELIVERY- AUGUST 15

RUBBER TIRE EXCAVATOR 410,000 DELIVERY- MAY 4

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GPS UNIT 10,000

TOTAL PUBLIC WORKS EQUIPMENT 465,000

GUARD RAILS * 53,000

TOTAL SAFETY CAPITAL 53,000

SANFORD STREET RECONSTRUCTION: ***

PLATT-PRINCESS

STORM WATER 250,000

ROADWORK 609,326

WATER 386,719

WASTEWATER 400,092

TOTAL SANFORD STREET RECONSTRUCTION 1,646,137

ROAD RECONSTRUCTION PROJECTS:

ENGINEERING DESIGN *** 528,000 SANFORD/TELEPHONE/SHARP

SURFACE TREATMENT PROJECTS 999,400 JOINT TENDER- CLOSES APRIL 9

TELEPHONE RD. *** 963,678

STREET LIGHTS 12,824

TRAFFIC LIGHT COORDINATION - 2019 70,000 RFP CLOSES - APRIL 30

TOTAL ROAD CONSTRUCTION PROJECTS 3,183,228

PARKS AND RECREATION:

ARENA

ROOF REPAIRS 15,000 RFQ ISSUED - MARCH 30

BEAMS/TRUSSES RUST INHIBITOR/RECOATING 15,000 MAY-JULY COMPLETION DATE

CHILLER 105,000 OTF GRANT -PENDING

DEHUMIDIFIER 35,000 OTF GRANT -PENDING

REPAVE PARKING LOT 100,000 OTF GRANT -PENDING

TOTAL ARENA 270,000

PARKS

REPLACE UTILITY VEHICLE 17,500 DELIVERY - APRIL 8

REPLACE ASH TREES * 2,000

SKATEBOARD PARK REDEVELOPMENT * 265,000 TENDER CLOSES-MAY 12

DOG PARK * 15,000 PKG LOT/FENCING RFQ ISSUED

MAC'S PROPERTY LANDSCAPING 3,500 OWNER DECLINED PERMISSION

TOTAL PARKS 303,000

MARINAS

CRIB DOCK 20,000 REMOVE IN FALL-STAFF REBLD.

BAY STREET BOAT LAUNCH DOCK 10,000 DOCK SOURCING- APRIL

PAVING ONTARIO ST. BOAT LAUNCH 50,000 CONTRACT AWARD-DRAIN BRO

TOTAL MARINA 80,000

INDUSTRIAL PARK

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HYDRO/GAS/WETLAND RECLAMATION 241,098 POLE/LINE INSTALL-APRIL 15

TOTAL INDUSTRIAL PARK 241,098 JEWEL ENG.- DESIGN OPTIONS

WASTEWATER:

PUMPING STATION DESIGN -2019 * 190,000 DESIGN INCOMPLETE

GARAGE - 2019 * 60,000 ON HOLD UNTIL MBBR BUILT

MOWER ATTACHMENT 6,000

MBBR PROJECT 8,800,000 TENDER ISSUANCE-APRIL 30

AERATORS 150,000 REBUILD 10-12 FREE UNITS

BYPASS CHAMBER AND VALVE * 125,000 SCOPE OF WORK UNDER REVIEW

TOTAL WASTEWATER PLANT 9,143,000

WATER:

WATER PLANT

CHLORINATORS 22,000 FOURTH QUARTER PROJECT

TOTAL WATER PLANT 22,000

WATER DISTRIBUTION

WATER MODEL * 75,000

BOOSTER STATION STUDY * 10,000

SERVICE REPLACEMENT - COUNTY ROAD 30 45,000 TENDER RELEASE - MID APRIL

TOTAL WATER DISTRIBUTION 130,000

* - CONSTRUCTION DEEMED NON-ESSENTIAL

* - PROJECTS OF LOWER PRIORITY

*** ENGINEERING DESIGN:

SANFORD STREET

CONSULTANT - ENGAGE ENGINEERING

PIC- MARCH 11TH

DESIGN STATUS - 90%, (NAPOLEON AND ADDISON - 50%)

TENDER ISSUE - MAY 8TH

TENDER CLOSE AND AWARD - JUNE 8TH

CONSTRUCTION COMMENCEMENT DATE (EST.) - JUNE 22ND

CONSTRUCTION COMPLETION DATE (EST.) - AUGUST 21ST

SHARP ROAD-INDUSTRIAL PARK

CONSULTANT - GEI CONSULTANTS

PIC - WEB PRESENTATION DUE TO COVID-19- DATE TBD.

DESIGN STATUS - 60% (90% SUBMISSION IN 2 WEEKS)

TENDER ISSUE - MAY 14

TENDER CLOSE AND AWARD - JUNE 11

CONSTRUCTION COMMENCEMENT DATE - JUNE 29

CONSTRUCITON COMPLETION DATE - AUGUST 14

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TELEPHONE ROAD -HWY 30 TO COUNTY RD. 26

CONSULTANT - THE GREER GALLOWAY GROUP

PIC - WEB PRESENTATION DUE TO COVID-19 - DATE TBD.

DESIGN STATUS - 60% (90% SUBMISSION BY APRIL 27)

TENDER ISSUE - MAY 8

TENDER CLOSE AND AWARD - JUNE 8

CONSTRUCTION COMMMENCEMENT DATE - JUNE 22

CONSTRUCTION COMPLETION DATE - AUGUST 21

MAJOR OPERATIONAL INITIATIVES:

SIDEWALK IMPROVEMENTS 279,238 RFP TO BE ISSUED - APRIL 17

TREE REMOVAL 245,000 LIST PREPARED-MAY INITIATIVE

BRUSHING 10,000 STAFF TO COMPLETE WORKS

USING - RUBBER TIRE EXCAV.

DITCHING 60,000 STAFF/HIRED EQP. INITIATIVE

BUILDINGS - FIBRE CONNECTIVITY 69,290 SUBJECT TO COGECO FUNDING

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On Friday April 3, 2020 the Government of Ontario released an updated list of essential businesses. This list narrows the field of businesses deemed ‘essential’ in the context of the present COVID-19 pandemic. Please refer to our earlier note which addressed the first “essential business” list published on March 24, 2020 under Regulation 82/20. Any business that is not included on the updated list is required to close its physical location by 11:59 p.m. on Saturday, April 4, 2020. However, the Government has made it clear that the updated list will not preclude:

1. the provision of work and services by entities that are not on the list, either online, or by

telephone or by mail/delivery;

2. delivery of services of any publicly funded agency or organization that delivers or

supports government operations and services, including operations and services in the

health care sector; or

3. teleworking or online commerce (which may continue for all businesses) It is not yet clear whether any further exceptions will be provided. We note that the regulation setting out the original list of essential businesses permitted temporary access to a closed business for certain purposes, including attending at the place of business temporarily to deal with critical matters that cannot be attended to remotely, or to access materials, goods, or supplies that may be necessary for the business to be operated remotely. We have included a chart at the bottom of this note comparing the new essential business list as compared with the list published on March 24, 2020. It is clear from the chart below that:

certain businesses that were previously included in the original essential businesses list

have been omitted;

certain businesses may now only provide services in a particular manner, such as curb

side pick-up and delivery; and

only critical construction projects will be permitted to continue, such as petrochemical

plants and infrastructure projects, such as hospitals, roads, and bridges. What immediate steps should you take? All businesses in Ontario will need to review the current list and make an assessment as to whether they are required to close their physical locations by 11:59 p.m. on April 4, 2020. If you are unclear as to whether your business is reflected on (or has been omitted from) the updated list, contact the Government of Ontario’s “Stop the Spread Business Information Line” at 1-888-444-3659. Please note that the updated list may be subject to change, and as such, please refer directly to the official Government list when determining whether your business qualifies as an “essential business”. What are the consequences for remaining open if your business is not on the list?

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https://www.ontario.ca/page/list-essential-workplaces

https://cswan.com/covid-19-navigating-the-non-essential-business-closure/

We anticipate that this new updated list will be published as a regulation under the Emergency Management and Civil Protection Act (as with the prior list) or as an update to the prior regulation. Assuming that is the case, there are serious consequences under the Emergency Management and Civil Protection Act for failing to comply with the Regulation. Such failure is an ‘offence’ under the Act punishable:

1. In the case of an individual, by a fine of nor more than $100,000 and imprisonment for up

to a year;

2. In the case of a director of officer of a corporation, by a fine of not more than $500,000

and imprisonment for up to a year; and

3. In the case of a corporation, by a fine of not more than $10,000,000. Each day that the offence continues (e.g. the business remains open) is a separate offence that could trigger a new set of penalties. Further, the court may increase any fine imposed on any person in an amount equal to any financial benefit that the offending person received as a result of the offence. What are your options if you are forced to close? If your business does not fall within the scope of the “essential businesses”, and the exceptions (e.g. working remotely) do not provide a viable alternative for your business, then your business will be forced to close. Businesses who are forced to close should consider whether they have any insurance coverage, such as business interruption insurance, which may be responsive to the COVID-19 crisis. In the absence of such coverage, business owners will need to consider a number of options to preserve the viability of their business, including:

1. Labour and employment considerations – such as the potential need to reduce payroll

costs. Please contact our labour and employment group for more information on this

topic;

2. Financing options – including the availability of loans from federal or provincial

governments or banks to assist with immediate cash flow obligations;

3. Contractual relief options – including the availability of any applicable force majeure

provisions, or possible similar arguments at common law. See our recent blogs on force

majeure clauses; and

4. Government relief and subsidies – such as those relating to employee subsidies. Our

labour and employment group would be happy to discuss any questions you may have on

this topic.

Please contact our business team if you have any questions about this article or wish to discuss your business’s options for mitigating its risks in response to the COVID-19 emergency. Our

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https://cswan.com/covid-19-read-latest-from-our-practice-groups-businesses-should-review-force-majeure-clauses-and-take-action-to-preserve-rights-and-limit-liability/)%20and%20the%20doctrine%20of%20frustration%20(https:/cswan.com/covid-19-frustrated-yet-the-doctrine-of-frustration-and-avoiding-further-contractual-performance/);

lawyers are tracking the developments and stand ready to assist as you navigate the shifting business landscape. Please see our webpage for daily updates across all disciplines. We look forward to helping you through this.

COMPARISON OF MARCH 24, 2020 AND APRIL 3, 2020 ESSENTIAL BUSINESSES LISTS

NEW ESSENTIAL BUSINESSES

COMPARABLE PROVISION FROM O.REG.

82/20

SUPPLY CHAINS

1. Businesses that supply other essential businesses or

essential services within Ontario, or that supply

businesses or services that have been declared essential

in a jurisdiction outside of Ontario, with the support,

products, supplies, systems, or services, including

processing, packaging, warehousing, distribution,

delivery, and maintenance necessary to operate.

1. Businesses that supply other essential businesses or

essential services with the support, supplies, systems or

services, including processing, packaging, distribution,

delivery and maintenance necessary to operate;

FOOD

2. Businesses that primarily sell food, beverages and

consumer products necessary to maintain households

and businesses including:

i. Supermarkets and grocery stores.

ii. Convenience stores.

iii. Discount and big box retailers selling

groceries.

iv. Restaurants (take-out, drive-through and

delivery service only).

v. Beer and wine and liquor stores.

2. Businesses engaged in the retail and wholesale sale

of food, pet food and supplies, and household

consumer products necessary to maintain the safety,

sanitation and essential operations of residences and

businesses, including grocery stores, supermarkets,

convenience stores, markets and other similar retailers;

4. Beer, wine and liquor stores and alcohol producers,

and stores that sell beer and wine through

arrangements with authorized providers; cannabis

stores and cannabis producers;

11. Restaurants and other food facilities that prepare

and serve food, but only for delivery or takeaway,

together with food delivery services;

SERVICES

3. Pharmacies. 8. Business providing pharmaceuticals and

pharmaceutical services, including pharmacies and

dispensaries;

4. Gas stations and other fuel suppliers. 5. Gas stations, diesel, propane and heating fuel

providers including providers of motor vehicle, aircraft

and water/marine craft fuels;

5. Laundromats and drycleaners 64. Laundromats, dry cleaners and laundry service

providers;

6. Security services for residences, businesses and

other properties.

68. Businesses providing security services including

private security guards; monitoring or surveillance

equipment and services;

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https://cswan.com/covid-19-resources/

13. Businesses that provide support and maintenance

services, including urgent repair, to maintain the

safety, security, sanitation and essential operation of

institutional, commercial industrial and residential

properties and buildings, including, property

management services, plumbers, electricians,

custodial/janitorial workers, cleaning services, security

services, fire safety and sprinkler systems, building

systems maintenance and repair technicians and

engineers, mechanics, (e.g. HVAC, escalator and

elevator technicians), and other service providers who

provide similar services

7. Vehicle and equipment repair and essential

maintenance and vehicle and equipment rental services.

6. Motor vehicle, auto-supply, auto and motor-vehicle-

repair, including bicycle repair, aircraft repair, heavy

equipment repair, watercraft/marine craft repairs, car

and truck dealerships and related facilities;

62. Rental and leasing services, including automobile,

commercial and light industrial machinery and

equipment rental;

8. Courier, postal, shipping, moving and delivery

services.

63. Businesses providing mailing, shipping, courier

and delivery services, including post office boxes;

9. Funeral and related services. 66. Businesses providing funeral, mortician, cremation,

transfer, and burial services, and any related goods and

products (such as coffins and embalming fluid);

10. Staffing services including providing temporary

help.

69. Businesses providing staffing services, including

temporary help;

11. Veterinary services (urgent care only) and other

businesses that provide for the health and welfare of

animals, including farms, boarding kennels, stables,

animal shelters, zoos, aquariums and research facilities.

24. Businesses that provide veterinary services, and

that supply veterinary and animal control medications

and related supplies and testing kits;

71. Businesses that provide for the health and welfare

of animals, including veterinarians, farms, boarding

kennels, stables, animal shelters, zoos, aquariums,

research facilities and other service providers;

12. Home child care services of up to six children as

permitted under the Child Care and Early Years Act,

2014, and child care centres for essential workers

authorized to operate in accordance with Ontario

Regulation 51/20 (Order Under Subsection 7.0.2 (4) of

the Act - Closure of Establishments) made under the

Act.

72. Child care services for essential workers, and home

child care services of less than six children;

13. Hotels, motels, other shared rental accommodation

including student residences, except for seasonal

campgrounds and any pools, fitness centres, meeting

rooms and other recreational facilities that may be part

of the operations of these businesses.

12. Hotels, motels, shared rental units and similar

facilities, including student residences;

14. Cheque cashing services 73. Businesses providing cheque cashing services;

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SERVICES TO THE PUBLIC THAT ARE RESTRICTED TO ALTERNATIVE METHODS OF SALE

15. Stores that sell any of the following items and

provide them to the customer only through an

alternative method of sale such as curb side pick-up or

delivery, except in exceptional circumstances:

i. Hardware products.

ii. Vehicle parts and supplies.

iii. Pet and animal supplies.

iv. Office supplies and computer products

including computer repair.

v. Safety supplies.

3. Businesses that provide essential items for the health

and welfare of animals, including feed, animal food,

pet food and animal supplies including bedding;

6. Motor vehicle, auto-supply, auto and motor-vehicle-

repair, including bicycle repair, aircraft repair, heavy

equipment repair, watercraft/marine craft repairs, car

and truck dealerships and related facilities;

7. Hardware stores and stores that provide hardware

products necessary to the essential operations of

residences and businesses;

9. Businesses that supply office products and services,

including providing computer products and related

repair and maintenance services, for individuals

working from home and for essential businesses;

10. Safety supply stores (for e.g. work clothes,

Personal Protective Equipment);

FINANCIAL SERVICES

16. Businesses that provide the following financial

services:

i. Capital markets and related securities trading

and advisory services.

ii. Banking/credit union activities including

credit intermediation.

iii. Insurance.

iv. Land registration services.

v. Real estate agent services.

vi. Pension and benefits payment services.

vii. Financial services including payroll and

payment processing and accounting and tax

services.

30. Capital markets (e.g., the TSX);

31. Banking & Activities related to Credit

Intermediation; credit unions;

32. Insurance;

33. Businesses that provide pension services and

employee benefits services;

34. Businesses that provide financial services including

payment processing, the payroll division of any

employer (as defined by the Employment Standards

Act/Occupational Health and Safety Act), any entity

whose operation is the administration of payroll, banks

and credit unions;

67. Land registration services, and real estate agent

services and moving services;

TELECOMMUNICATIONS AND IT INFRASTRUCTURE/SERVICE PROVIDERS

17. Information Technology (IT) services, including

online services, software products and the facilities

necessary for their operation and delivery.

14. Businesses engaged in providing or supporting

Information Technology (IT) including online services,

software products and related services, as well as the

technical facilities such as data centres and other

network facilities necessary for their operation and

delivery;

18. Telecommunications providers and services

(phone, internet, radio, cell phones etc.) and facilities

necessary for their operation and delivery.

15. Businesses providing telecommunications services

(phone, internet, radio, cell phones etc) as well as

support facilities such as call centres necessary for

their operation and delivery;

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45. Telecommunications providers;

19. Newspapers, radio and television broadcasting. 43. Newspaper publishers;

44. Radio & Television Broadcasting;

MAINTENANCE

20. Maintenance, repair and property management

services strictly necessary to manage and maintain the


institutional, commercial, industrial and residential

properties and buildings.

13. Businesses that provide support and maintenance

services, including urgent repair, to maintain the


institutional, commercial industrial and residential

properties and buildings, including, property

management services, plumbers, electricians,

custodial/janitorial workers, cleaning

services, , security services, fire safety and sprinkler

systems, building systems maintenance and repair

technicians and engineers, mechanics, (e.g. HVAC,

escalator and elevator technicians), and other service

providers who provide similar services

TRANSPORTATION SERVICES

21. Businesses and facilities that provide transportation

services, including,

i. transportation services provided by air, water,

road, and rail, including taxis and other

private transportation providers, and

ii. support services for transportation services,

including,

A. logistical support, distribution

services, warehousing and storage,

truck stops and tow operators,

B. services that support the operations

and safety of transportation systems

including maintenance and repairs,

and

C. marinas, but only to the extent that

the marina is necessary to enable

individuals to access their primary

place of residence.

16. Taxis and other private transportation providers

providing transportation services necessary for

activities of daily living;

17. Businesses and facilities that provide transportation

services to businesses and individuals including by air,

water, road, and rail including providing logistical

support, distribution services, warehousing and

storage, including truck stops and tow operators;

18. Businesses that provide materials and services for

the operation, maintenance and safety of transportation

systems (road, transit, rail, air and marine) including

delivery of maintenance services such as clearing

snow, response to collisions, and completing needed

repairs to the transportation systems.

22. Businesses that provide and support online retail,

including by providing warehousing, storage and

distribution of goods that are ordered online.

MANUFACTURING

23. Businesses that extract, manufacture, process and

distribute goods, products, equipment and materials,

including businesses that manufacture inputs to other

manufacturers, (e.g. primary metal/ steel, blow

molding, component manufacturers,

chemicals, etc. that feed the end-product

manufacturer), regardless of whether those other

manufacturers are inside or outside of Ontario, together

with businesses that support and facilitate the

19. Businesses that extract, manufacture, process and

distribute goods, products, equipment and materials,

including businesses that manufacture inputs to other

manufacturers (e.g. primary metal/ steel, blow

molding, component manufacturers, chemicals, etc.

that feed the end-product manufacturer);

20. Businesses, facilities and services that support and

facilitate the two- way movement of essential goods

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movement of goods within integrated North American

and global supply chains.

within integrated North American and Global supply

chains.

AGRICULTURE AND FOOD PRODUCTION

24. Businesses that produce food and beverages, and

agricultural products including plants, including by

farming, harvesting, aquaculture, hunting and fishing. 21. Businesses that farm, harvest, process,

manufacture, produce or distribute food, including

beverages, crops, animal products and by-products,

aquaculture, hunting and fishing; 25. Businesses that process, manufacture or distribute

food, beverages, crops, agricultural products, animal

products and by-products.

26. Businesses that support the food or agricultural

products supply chains and the health and safety of

food, animals and plants.

22. Businesses that support the food supply chain

including assembly yards, livestock auctions, food

distribution hubs, feed mills, farm equipment suppliers,

feed suppliers, food terminals and warehouses, animal

slaughter plants and grain elevators;

23. Business that support the safety of food including

animal and plant health and animal welfare;

CONSTRUCTION

27. Construction projects and services associated with

the healthcare sector, including new facilities,

expansions, renovations and conversion of spaces that

could be repurposed for health care space.

26. Construction projects and services associated with

the healthcare sector, including new facilities,

expansions, renovations and conversion of spaces that

could be repurposed for health care space;

28. Construction projects and services required to

ensure safe and reliable operations of, or to provide

new capacity in, critical provincial infrastructure,

including transit, transportation, energy and justice

sectors beyond the day-to-day maintenance.

27. Construction projects and services required to

ensure safe and reliable operations of critical

provincial infrastructure, including transit,

transportation, energy and justice sectors beyond the

day-to-day maintenance;

70. Businesses that support the safe operations of

residences and essential businesses;

29. Critical industrial construction activities required

for,

i. the maintenance and operations of

petrochemical plants and refineries,

ii. significant industrial petrochemical projects

where preliminary work has already

commenced,

iii. industrial construction and modifications to

existing industrial structures limited solely to

work necessary for the production,

maintenance, and/or enhancement of Personal

Protective Equipment, medical devices (such

as ventilators), and other identified products

directly related to combatting the COVID-19

pandemic.

28. Construction work and services, including

demolition services, in the industrial, commercial,

institutional and residential sectors;

30. Residential construction projects where,

i. a footing permit has been granted for single

family, semi-detached and townhomes

ii. an above grade structural permit has been

granted for condominiums, mixed use and

other buildings, or

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iii. the project involves renovations to residential

properties and construction work was started

before April 4, 2020.

31. Construction and maintenance activities necessary

to temporarily close construction sites that have paused

or are not active and to ensure ongoing public safety.

RESOURCES AND ENERGY

32. Businesses that provide and ensure the domestic

and global continuity of supply of resources, including

mining, forestry, aggregates, petroleum, petroleum by-

products and chemicals.

35. Businesses that ensure global continuity of supply

of mining materials and products (e.g. metals such as

copper, nickel and gold) and that support supply chains

in Northern Ontario including;

a. Mining operations, production and

processing;

b. Mineral exploration and development;

c. Mining Supply and Services that support

supply chains in the mining industry including

maintenance of operations, health and safety.

36. Businesses that provide chemicals and gases to

support the natural resource sector analytical labs and

drinking water and wastewater sectors and other

essential businesses;


of forestry products (e.g. lumber, pulp, paper, wood

fuel, etc.);


of aggregates to support critical infrastructure repairs

and emergency response requirements (e.g. sandbags,

armour stone barriers, etc.);


of petroleum and petroleum by-products;

33. Electricity generation, transmission, distribution

and storage and natural gas distribution, transmission

and storage

41. Utilities, and Businesses that support the provision

of utilities and community services, including by

providing products, materials and services needed for

the delivery of utilities and community services:

c. Electricity Generation, transmission,

distribution and storage;

d. Natural Gas distribution, transmission and

storage,

COMMUNITY SERVICES

34. Businesses that deliver or support the delivery of

services including:

i. Sewage treatment and disposal.

ii. Collecting, transporting, storing, processing,

disposing or recycling of any type of waste.

iii. Potable drinking water.

iv. Critical infrastructure repair and maintenance

including roads, dams, bridges etc.

40. Businesses that support environmental

management/monitoring and spill clean-up and

response, including environmental consulting firms,

professional engineers and geoscientists, septics

haulers, well drillers, pesticides applicators and

exterminators, management of industrial

sewage/effluent (e.g. for mining operations), and

environmental laboratories;

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v. Environmental rehabilitation, management

and monitoring, and spill clean up and

response.

vi. Administrative authorities that regulate and

inspect businesses.

vii. Professional and social services that support

the legal and justice system.

viii. Government services including but not limited

to policing and law enforcement, fire and

emergency services, paramedics, coroner and

pathology services, corrections and court

services, licences and permits.

41. Utilities, and Businesses that support the provision

of utilities and community services, including by

providing products, materials and services needed for

the delivery of utilities and community services:

a. Waste Collection, Waste/Sewage Treatment

and Disposal, operation of landfills, and

Hazardous Waste Disposal;

b. Potable drinking water;

e. Road construction and maintenance;

f. police and other law enforcement, fire and

emergency services including coroner

services and pathology;

g. corrections and courts services;

h. other government services including licenses

and permits;

42. Businesses engaged in or supporting the operation,

maintenance and repair of critical infrastructure

(railways, dams, bridges, highways, erosion control

structures, etc.);

61. Professional and social services that support the

legal and justice system;

65. Professional services including lawyers and para-

legals, engineers, accountants, translators;

74. Organizations, including Administrative

Authorities, that regulate and inspect businesses.

RESEARCH

35. Businesses and organizations that maintain research

facilities and engage in research, including medical

research and other research and development activities.

46. Businesses and organizations that maintain

research facilities and engage in research, including

medical research and other research and development

activities;

47. Businesses that provide products and services that

support research activities;

HEALTH CARE AND SOCIAL SERVICES

36. Organizations and providers that deliver home care

services or personal support services to seniors and

persons with disabilities.

48. Organizations and providers that deliver home care

services;

57. Businesses that provide personal support

services to seniors and persons with disabilities, to

assist with the activities of daily living);

37. Businesses that sell, rent or repair

assistive/mobility/medical devices, aids and/or

supplies.

56. Businesses that sell, rent or repair

assistive/mobility/medical devices, aids and/or

supplies;

38. Regulated health professionals (urgent care only)

including dentists, optometrists, chiropractic services,

ophthalmologists, physical and occupational therapists

and podiatrists.

58. Health care professionals providing emergency

care including dentists optometrists and physio-

therapists;

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39. Organizations that provide health care including

retirement homes, hospitals, clinics, long-term care

facilities, independent health facilities and mental

health and addictions counselling supports.

49. Retirement homes;

50. Long-term Care Facilities;

51. Independent health facilities;

55. Businesses that provide products and/or services

that support the health sector or that provide health

services, including mental health and addictions and

counselling supports;

40. Laboratories and specimen collection centres.

52. Laboratories and specimen collection centres;

41. Manufacturers, wholesalers, distributors and

retailers of pharmaceutical products and medical

supplies, including medications, medical isotopes,

vaccines and antivirals, medical devices and medical

supplies.

53. Manufacturers, wholesalers, distributors and

retailers of pharmaceutical products and medical

supplies, including medications, medical isotopes,

vaccines and antivirals; medical devices and medical

supplies;

42. Manufacturers, distributors and businesses that

provide logistical support of or for products and/or

services that support the delivery of health care in all

locations.

54. Manufacturers, logistics and distributors of

products and/or services that support the delivery of

health care in all locations (including but not limited to

hospitals, labs, long-term care homes, other residential

health care, physicians, nurse practitioners and

midwives, and home care services);

43. Not-for-profit organizations that provide critical

personal support services in home or residential

services for individuals with physical disabilities.

59. Not-for-profit organizations that provide critical

personal support services in home and also provide

residential services for individuals with physical

disabilities (such as the Centre for Independent Living

and March of Dimes);

44. Not-for profit organizations that support the

provision of food, shelter, safety or protection, and/or

social services and other necessities of life to

economically disadvantaged and other vulnerable

individuals.

60. Businesses and all other organizations that support

the provision of food, shelter, safety or protection,

and/or social services and other necessities of life to

economically disadvantaged and other vulnerable

individuals, including but not limited to food banks,

violence against women emergency shelters, homeless

shelters, community housing, supportive housing,

children’s aid societies, residential services for adults

with developmental disabilities and for children, and

custody and detention programs for young persons in

conflict with the law;

This update is provided as a courtesy for your general information and does not constitute legal advice. Every organization is unique and may also be subject to other laws not contemplated in this update. This update should not be relied on as a substitute for legal advice which necessarily must be specific to your organization, your objects, your operations, and your structure. If you have any questions about this information please contact one of the lawyers listed above.

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Council Meeting

Council Date: 20 Apr 2020

To: Mayor and Members of Council

Prepared By: Candice Doiron

Reviewed By: Bob Casselman

Department: Clerks

Subject/Title: Appointment of temporary Municipal By-law Enforcement Officers - COVID-19 Pandemic

Recommendation:

That Council receive staff report regarding Appointment of temporary Municipal By-law Enforcement Officers during COVID-19 Pandemic; and further

That Council approve the execution of a By-law to appoint temporary Municipal Law Enforcement Officers during the COVID-19 Pandemic.

Background/Purpose:

On March 17, 2020, our government declared a provincial emergency through the authority granted under the Emergency Management and Civil Protection Act (EMCPA). Since this declaration, several emergency orders have been made under the Act to contain the spread of COVID-19 and to ensure that essential services continue to be provided and Ontarian's are supported.

Analysis/Comments:

Previously, only police officers and constables who have been appointed under an Act have the ability to enforce orders made under the EMCPA. Due to COVID-19, police resources are being stretched and police services have made requests to have other enforcement personnel assist with enforcing the emergency orders being made by the province. As a result, our government signed a ministerial designation under the Provincial Offences Act to authorize the following personnel to enforce EMCPA orders:

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• All persons or classes of persons designated in writing by a minister of the Crown as provincial offences officers, notwithstanding the offence or class of offences of that designation;

• All municipal law enforcement officers referred to in subsection 101 (4) of the Municipal Act, 2001;

• All by-law enforcement officers of any municipality, or of any local board of any municipality; and

• All officers, employees or agents of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

The Province has acknowledged that are no further provincial approvals or authorizations needed for municipal law enforcement officers to enforce orders under the EMCPA.

Municipalities should continue to consider the severity of each infraction in relation to the potential risk to public health and the spread of COVID-19 when taking enforcement action. Consistent with existing enforcement approaches, consideration should continue to be given to taking a graduated approach to compliance. This could include providing educational messaging or warnings to members of the public around the emergency orders and, if compliance is not obtained, the issuance of a ticket under the Provincial Offences Act or a summons under Part 3 of the Act.

To assist Municipal Law Enforcement Officers, there is a dedicated 1-800 hot line for staff to respond to questions related to enforcing these orders.

Staff’s recommendation is to pass a temporary by-law to appoint additional Municipal Law Enforcement Officers during the COVID-19 Pandemic.

Legal/Legislative:

Subsection 101 (4) of the Municipal Act, 2001

Emergency Management and Civil Protection Act (EMCPA)

Financial Implications:

Strategic Plan Alignment:

Attachments:

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The Corporation of the Municipality of Brighton

By-Law No. 000-2020

Being a By-Law to appoint Temporary Law Enforcement Officers during the

COVID-19 Pandemic for the Municipality of Brighton

Whereas subsection 3 of Section 1 of the Provincial Offences Act, R.S.O., 1990, c. P-33, as amended, provides that a Minister of the Crown may designate in writing any persons or class of persons as Provincial Offences Officers for the purposes of all or any class of offence; And Whereas, the Council of the Corporation of the Municipality of Brighton deems it expedient to appoint temporary Municipal Law Enforcement Officers to perform such duties as may be required to enforce the provisions of the Ontario's Emergency Management and Civil Protection Act during the COVID-19 pandemic for the Corporation of the Municipality of Brighton;

Now therefore, the Council for the Corporation of the Municipality of Brighton enacts as follows:

1. That Rick Caddick, Fire Chief and Jeff Ogden, Deputy Fire Chief are

hereby appointed as a temporary Municipal Law Enforcement Officers of the Corporation of the Municipality of Brighton.

2. That Rick Caddick and Jeff Ogden shall perform all duties that are required regarding the enforcement of the Emergency Order under the Emergency Management and Civil Protection Act to prohibit organized public events and social gatherings during the COVID-19 Pandemic.

3. That this By-Law shall come into force and effect on the date of passing hereof.

Read a first, second and third time and finally passed this 20 day of April, 2020.

Brian Ostrander, Mayor Candice Doiron, Clerk

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The Corporation of the Municipality of Brighton

By-Law No. 000-2020

Being a By-Law to authorize the Chief Administrative Officer to execute the appropriate documents and deeds to transfer title of Municipally owned property, being Municipality of Brighton Lot 7 on Schedule B to the Agreement (the “Lands”) to SV Plumbing and Heating

Whereas, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; And Whereas, Section 8 of the Municipal Act 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; And Whereas Section 11 (2) of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction that the Municipality may pass By-Laws respecting matters in those Spheres of Jurisdiction; And Whereas the Council of the Corporation of the Municipality of Brighton has determined that the Lands are surplus to the needs of the Corporation and should be sold. Now therefore the Council of the Corporation of the Municipality of Brighton enacts as follows: 1. That The Corporation of the Municipality of Brighton sell the Lands to SV

Plumbing and Heating or assignee. 2. That the Council authorizes the Chief Administrative Officer to execute the

appropriate documents and deeds under the seal of the Corporation as may be necessary to Lot 7 on Schedule B to the Agreement, Sharp Rd, Brighton.

This By-Law will come into force and effect with the final reading and passing of the By-Law. Read a first and second time and read a third time and finally passed this 20th day of April 2020.

________________________ ________________________ Brian Ostrander, Mayor Candice Doiron, Clerk

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Corporation of the Municipality of Brighton

By-Law No. 000-2020

Being a By-Law to Stop Up, Close and Convey a portion of an unopened

road allowance comprising a part of Casey Lane Road allowance known

as Part 2, Plan 38R1507, Municipality Of Brighton

Whereas, Section 5 of the Municipal Act, 2001, as amended, specifies that a

Municipal Council shall exercise its powers by By-Law;

And Whereas, Section 8 and 9 of the Municipal Act, 2001, as amended, provides

that a Municipality has the capacity, rights, powers and privileges of a natural

person for the purpose of exercising its authority under the Municipal Act or any

other Act;

And Whereas, Section 11 (2) of the Municipal Act, 2001, as amended, specifies

the Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters

in those Spheres of Jurisdiction;

And Whereas, by virtue of Section 27 (1) of the Municipal Act, S.O 2001, as

amended, a Municipality may pass By-Laws in respect of stopping up, closing and

leasing or selling the soil and freehold of a highway or part of a highway;

And Whereas, the Council of the Corporation of the Municipality of Brighton

deems it expedient to stop up, close and convey a portion of the road allowance

known Part 2, Plan 38R1507 Municipality of Brighton

And Whereas, pursuant to Section 34(1) of the Municipal Act, S.O. 2001, as amended, and municipal policy, notice of this by-law has been published in the prescribed manner;

And Whereas, the Council of the Corporation of the Municipality of Brighton has

determined that no person’s land will be prejudicially affected by the By-Law;

Now therefore the Municipal Council of the Corporation of the

Municipality of Brighton enacts as follows:

1. That the portion of the original road allowance known as Part 2, Plan

38R1507, Municipality of Brighton is hereby stopped up and closed.

2. That those lands stopped up and closed are located in the area as indicated

on Schedule “A”, attached hereto and by this reference forming part of this

By-law.

3. That the soil and freehold of parts of the road allowance so closed and

stopped up shall be conveyed to the adjacent land owners on the east and

west of road allowances.

4. That the soil and freehold of parts of the road allowance so closed and

stopped up shall be conveyed to the adjacent land owner to the east of the

road allowance, being 13 – 15 Main Street.

5. That the value of the property to be conveyed $1.00 (One Dollar).

6. That the purchaser shall be responsible for any associated legal, planning

and transfer fees for this property transaction.

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7. That the Mayor and Deputy Clerk are hereby authorized to execute any

and all agreements and deeds and to do any other acts to convey the said

land to the adjacent land owners and;

8. That this By-Law is to come in force and take effect on the date of

registration in the Northumberland County Land Registry Office.

Read a first, second and third time and finally passed this 20th day of

April, 2020.

_____________________________ __________________________

Brian Ostrander – Mayor Candice Doiron – Clerk

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35 Alice Street, Brighton ON K0K 1H0 Council Agenda

Documents

Transcript of 35 Alice Street, Brighton ON K0K 1H0 Council Agenda