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AGENDA

June 10, 2020 1:00 p.m.

1. Opening of the Meeting

2. Declaration of Pecuniary Interest

3. Adoption of Draft Minutes • Draft Council Meeting Minutes – May 27, 2020

4. Review of Items not Listed on the Agenda • Drainage Reapportionment Request for E76/19 • Drainage Reapportionment Request for E77/19 • CLOSED – Third-party information supplied in confidence to the

municipality – s.239(2)(i) of the Municipal Act • CLOSED – Personal matter about an identifiable individual – s.

239(2)(b) of the Municipal Act • CLOSED – Personal matter about an identifiable individual – s.

239(2)(b) of the Municipal Act

5. Public Works Department • Manager of Roads and Facilities Monthly Report – May 2020

6. Water Department a) Water Operation Manager’s Monthly Report – May 2020 b) Water Department Monthly Safety Minutes – May 2020

7. Wastewater Department • Wastewater Operator’s Monthly Report – May 2020

8. Building Department • Building Activity Report – May 2020

9. Fire Department • Fire Chief’s Monthly Report – May 2020

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10. Drainage Department a) Drainage Superintendent Monthly Report – May 2020 b) Council Proceedings with Meetings Under the Drainage Act c) Receive the A.D. McFarlane Drain Engineer’s Report d) A. McCallum Drain Petition – Durham e) Drainage Reapportionment Request for E76/19 f) Drainage Reapportionment Request for E77/19

11. Planning • Renewable Energy Interim Control By-law – 1 Year Extension

12. Correspondence a) UMayor Joe PrestonU – “Go Gold for Grad” Campaign b) UCity of BrantfordU – Essential Workers Day – March 17 c) UKaren Vecchio, MPU – Good News Alert: Request for Local Stories d) UMinistry of Municipal Affairs and HousingU – Reliable Broadband

Across Ontario e) UAMOU – AMO Conference 2020 Delegation Request Form

13. Consent Agenda

Consent Correspondence a) UUnited Way Elgin MiddlesexU – The #LocalLove Letter b) UMinistry of Environment, Conservation and ParksU – Thank You

– Day of Action on Litter c) UCounty of ElginU – Council Highlights May 26, 2020

Committee Reports • By-Law Enforcement • Community Policing Committee • Cultural Heritage Committee

o April 15, 2020 meeting minutes • Dutton Dunwich Senior’s • Elgin Area Primary Water Supply System

o March 5, 2020 meeting minutes • Economic Development Committee • Elgin Phragmites Working Group • Elgin-St. Thomas Municipal Association • Emergency Management • Fire Department • Healthy Communities Partnership

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• Lower Thames Valley Conservation Authority • Occupational Health and Safety • Recreation Committee • Shoreline Management Report • Source Protection Authority • Trans Canada Trail • Tri County Committee • West Elgin Community Centre Board of Management

14. Treasurer’s Report a) Grant Updates b) Financial Policies

15. Unfinished Business • COVID-19 Pandemic

o MECG meeting #9 held on May 28, 2020 o MECG meeting #10 held on June 4, 2020

16. New Business • Recreation Update – May 2020 • Canada Day Fireworks

17. Announcements

18. Closed Session a) Personal matter about an identifiable individual – s. 239(2)(b) of the

Municipal Act b) Personal matter about an identifiable individual – s. 239(2)(b) of the

Municipal Act c) Personal matter about an identifiable individual – s. 239(2)(b) of the

Municipal Act d) Third-party information supplied in confidence to the municipality –

s. 239(2)(i) of the Municipal Act e) Personal matter about an identifiable individual – s. 239(2)(b) of the

Municipal Act f) Personal matter about an identifiable individual – s. 239(2)(b) of the

Municipal Act

19. Proposed By-Laws • By-law #2020-38 Agreement with County for FTO/CEMC

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• By-law #2020-39 Interim Control By-law – Renewable Energy Facilities

• By-law #2020-40 Animal Control By-law • By-law #2020-41 Confirm Proceedings

20. Date for Future Meetings • June 18, 2020 Special Meeting #5 – OP 5 Year Review -

1:00 p.m. • June 24, 2020 Regular Meeting – 1:00 p.m.

21. Adjournment THIS DOCUMENT IS AVAILABLE IN AN ACCESSIBLE FORMAT OR WITH APPROPRIATE COMMUNICATION SUPPORTS UPON REQUEST. Green indicates hard copy to follow.

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Council Minutes

Held via web conference 199 Currie Road, Dutton, Ontario

May 27, 2020 - 1:00 p.m.

Present: Mayor Bob Purcell Deputy Mayor Mike Hentz Councillor Patricia Corneil Councillor Amarilis Drouillard Councillor Ken Loveland Clerk Heather Bouw Treasurer Joe McMillan Archival, Records and Clerk’s Assistant Tara Kretschmer

Opening of the Meeting

2020.13.01 MOVED by Hentz and SECONDED by Loveland THAT the meeting of the Council of the Municipality of Dutton Dunwich opens at 1:00p.m.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

A quorum was present.

Declaration of Pecuniary Interest

None declared.

Adoption of Minutes

2020.13.02 MOVED by Corneil and SECONDED by Drouillard THAT the Council of the Municipality of Dutton Dunwich approves the draft minutes of the May 13, 2020 meeting forwarded to Council Members, and the Mayor and the Clerk are authorized to sign same.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

REVIEW OF ITEMS NOT LISTED ON AGENDA

a) NEW BUSINESS – Community Garden Verbal Update – Councillor Drouillard b) NEW BUSINESS – Multi-purpose Pad Verbal Update c) NEW BUSINESS – Economic Development Committee Verbal Update – Councillor

Corneil d) NEW BUSINESS – Youth Task Team Verbal Update – Councillor Corneil

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PLANNING

ZBA 08/20 - Boyd

2020.13.03 MOVED by Corneil and SECONDED by Hentz THAT the Public Meeting to consider Zoning By-law Amendment File No. ZBA 08/20 filed by Travis Hunter Boyd, situated in Concession 1, Part Lot 7, Municipality of Dutton Dunwich, municipally known as 14034 Coyne Road, opens at 1:08 pm

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

The Planner presented this report to Council. The Planner asked if anyone was in attendance for this public meeting. Dan McKillop was in attendance on behalf of Mr. Boyd.

2020.13.04 MOVED by Drouillard and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled “Application for Zoning By-law Amendment ZBA 08/20 – Part Lot 7, 14034 Coyne Road (E92/19), Municipality of Dutton Dunwich – Travis Hunter Boyd”, dated May 27, 2020 for information.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.05 MOVED by Hentz and SECONDED by Loveland THAT the Council of the Municipality of Dutton Dunwich approve Zoning By-law Amendment ZBA 08/20, filed by Travis Hunter Boyd, in accordance with the site-specific by-law #2020-33.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.06 MOVED by Corneil and SECONDED by Drouillard THAT the Public Meeting to Consider Zoning By-law Amendment File No. ZBA 08/20, filed by Travis hunter Boyd closes at 1:15 p.m. and the regular meeting reconvenes.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

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ZBA 07/20 – Argyle Hills Inc. and Argyle Farms Brookwood Inc.

2020.13.07 MOVED by Drouillard and SECONDED by Loveland THAT the Public meeting to consider Zoning By-law Amendment File No. ZBA 07/20 filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., situated in Concession 5 South of A, Part Lots 19 and 20, Municipality of Dutton Dunwich, municipally known as 10238 Willey Road, opens at 1:16 p.m.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

The Planner presented this report to Council. The Planner asked if anyone was in attendance for this public meeting. Dan McKillop was in attendance on behalf of Argyle Hills Inc. and Argyle Farms Brookwood Inc.

2020.13.08 MOVED by Loveland and SECONDED by Corneil THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled “Application for Zoning By-law Amendment ZBA 07/20 – Concession 5 South of A, Part Lots 19 and 20, 10238 Willey Road (E77/19), Municipality of Dutton Dunwich – Argyle Hills Inc. and Argyle Farms Brookwood Inc.”, dated May 27, 2020 for information.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.09 MOVED by Drouillard and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich approve Zoning By-law Amendment ZBA 07/20, filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., in accordance with the site-specific by-law #2020-35.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.10 MOVED by Hentz and SECONDED by Loveland THAT the Public Meeting to consider Zoning by-law Amendment file No. ZBA 07/20, filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc. closes at 1:21 p.m. and the regular meeting reconvenes.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

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CONSENT AGENDA

Consent Correspondence

a) UElgin CountyU – Council Highlights May 12, 2020

2020.13.11 MOVED by Drouillard and SECONDED by Corneil THAT the items on the Consent Agenda be approved.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

CORRESPONDENCE

a) UTownship of North FrontenacU – Request for Support re: Framework for Reopening our Province – Residential Construction in Rural Areas – received and filed

b) UOakville Economic Task ForceU – Rent Relief Advocacy Letter – received and filed

2020.13.12 MOVED by Hentz and SECONDED Corneil THAT relevant correspondence was reviewed.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

ZBA 06/20 – Argyle Hills Inc. and Argyle Farms Brookwood Inc.

2020.13.13 MOVED by Corneil and SECONDED by Hentz THAT the Public Meeting to consider Zoning By-law Amendment File No. 06/20 filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., situated in Concession 6, Part Lot 18, Municipality of Dutton Dunwich, municipally known as 9549 Willey Road opens at 1:29 p.m.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

The Planner presented this report to Council. The Planner asked if anyone was in attendance for this public meeting. Dan McKillop was in attendance on behalf of Argyle Hills Inc. and Argyle Farms Brookwood Inc. No comments from Council.

2020.13.14 MOVED by Hentz and SECONDED by Loveland THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled “Application for Zoning by-law Amendment ZBA 06/20 – Concession 6, Part Lot 18, 9549 Willey Road (E76/19), Municipality of Dutton Dunwich – Argyle Hills Inc. and Argyle Farms Brookwood Inc.”, dated May 27, 2020 for information.

Corneil – Yes Loveland – Yes

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Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.15 MOVED by Hentz and SECONDED by Drouillard THAT the Council of the Municipality of Dutton Dunwich approve Zoning by-law Amendment ZBA 06/20, filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., in accordance with the site-specific by-law #2020-34.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.16 MOVED by Corneil and SECONDED by Loveland THAT the Public Meeting to Consider Zoning by-law Amendment File No. ZBA 06/20 filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc. closes at 1:34 p.m. and the regular meeting reconvenes.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

DRAINAGE

Ontario Regulation 73/20 and the Drainage Act

Council discussed that this issue needs direction from the Provincial government. The Drainage Superintendent expressed his concern for how appeals to the Court of Revision would be handled. Council directs staff to present a procedure for electronic drainage meetings at the June 10P

thP regular Council meeting.

2020.13.17 MOVED by Loveland and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled “Ontario Regulation 73/20 and the Drainage Act”, dated May 27, 2020 for information.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

TREASURER’S REPORT

Landfill Fee Update

The Treasurer presented this report to Council.

2020.13.18 MOVED by Drouillard and SECONDED by Corneil THAT the Council of the Municipality of Dutton Dunwich receives the report of

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the Treasurer titled “Landfill Fees Update”, dated May 27, 2020 for information; and

THAT Council approve the deferral of the Large Item Dumping Fee to the 2021 fiscal year.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

NEW BUSINESS

Community Garden Verbal Update – Councillor Drouillard

Councillor Drouillard reported that the garden beds are planted and the pollinator garden has begun. Vegetables will be planted next week. A watering schedule will be established using their list of volunteers.

Multi-purpose Pad Verbal Update

Mayor Purcell reported that the project can move forward following social distancing rules. The project could be completed by this Fall.

Economic Development Committee Verbal Update

Councillor Corneil reported that the surveys have been received and reviewed and will be sent to the consultant. 42 surveys were received back from businesses to compile a business directory.

Youth Task Team Verbal Update

Councillor Corneil reported that the Team received confirmation that timelines are extended due to COVID-19. Their social media platform will be live Friday and a virtual scavenger hunt is planned. 25 care packages have been made for youth in need in Dutton Dunwich.

ZBA 09/20 - Lacey

2020.13.19 MOVED by Loveland and SECONDED by Hentz THAT the Public Meeting to consider Zoning By-law Amendment File no. ZBA 09/20 filed by Garr and Courtney Lacey, situated in Concession 7, Lot 13, Municipality of Dutton Dunwich, municipally known as 29860 Talbot Line, opens at 2:00 p.m.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

The Planner presented this report to Council. The Planner asked if anyone was in attendance for this public meeting. Jody Lacey was in attendance on behalf of Garr and Courtney Lacey.

2020.13.20 MOVED by Hentz and SECONDED by Loveland THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled “Application for Temporary Use (Garden Suite) Zoning By-law Amendment ZBA 09/20 – 29860 Talbot Line, Municipality of

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Dutton Dunwich – Garr and Courtney Lacey”, dated May 27, 2020 for information.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.21 MOVED by Drouillard and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich approve the Temporary Use Zoning by-law Amendment ZBA 09/20 to temporarily rezone the parcel of land known as 29860 Talbot Line from Hamlet Residential Zone (HR) to Hamlet Residential Zone with Temporary 4 Zone (HR-T4) to permit a garden suite, filed by Garr and Courtney Lacey, in accordance with the site-specific by-law #2020-36; and

THAT Council authorize the Mayor and Clerk to execute the associated agreement.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.22 MOVED by Loveland and SECONDED by Corneil THAT the Public Meeting to Consider Zoning By-law Amendment File No. ZBA 09/20, filed by Garr and Courtney Lacey closes at2:08 p.m. and the regular meeting reconvenes.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

Enbridge Natural Gas Project – 2:15 p.m.

Brian Lennie, Senior Advisor, Darryl Arnold, Manager of Operations and James Whittaker, Manager of Regional Construction attended the meeting. Mr. Lennie and Mr. Arnold presented the proposed Natural Gas Expansion Project. Enbridge has determined that our application will encompass the Duttona Beach and Tyrconnell area. The OEB will review all submitted projects and provide a report to the Ministry of Energy, Northern Development and Mines recommending specific expansion projects that the Ontario Government could consider as candidates for financial support. Council directed staff to share this information with MPP Jeff Yurek and request that our proposal receives careful consideration at the provincial level.

DELEGATION REQUEST –Dutton & District Lions Non-Profit Housing Inc. – 2:45 p.m.

Duncan McCallum attended the meeting and explained that this project will consist of a 30 unit three storey building with a large common room on the main floor. He added that there is potential for the Dutton Dunwich Seniors and Daffodil Society to access this building. He noted that a concern was raised by the Fire Chief respecting the fire department’s ability to service a three storey building. Councillor Drouillard inquired if

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there would be space at the proposed facility for people with intellectual and physical disabilities who do not meet the age requirement. Mr. McCallum replied that at this time, the minimum 65 year age requirement is mandatory.

2020.13.23 MOVED by Hentz and SECONDED by Drouillard THAT the Council of the Municipality of Dutton Dunwich agrees to waive the building permit fees for the Dutton & District Lions Non-Profit Housing Inc. Caledonia Gardens Phase 2 project to be located West of the current Caledonia Gardens.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

UNFINISHED BUSINESS

West Elgin Arena Report – Councillor Loveland

Councillor Loveland presented this report to Council.

2020.13.24 MOVED by Drouillard and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich receives the report by Councillor Loveland titled “West Elgin Arena Report”, for information.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

COVID-19 Pandemic

2020.13.25 MOVED by Corneil and SECONDED by Loveland THAT the Council of the Municipality of Dutton Dunwich receives the following Municipal Emergency Control Group (MECG) meeting minutes for the COVID-19 Pandemic, for information:

MECG meeting #7 held on May 14, 2020 MECG meeting #8 held on May 21, 2020

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

ANNOUNCEMENTS

None.

CLOSED SESSION

2020.13.26 MOVED by Loveland and SECONDED by Hentz THAT the Council for the Municipality of Dutton Dunwich now moves into a session of the meeting that shall be closed to the public at 3:23 pm, in

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accordance with Section 239 (2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters:

1. Personnel matter about an identifiable individual – s. 239(2)(b) of the Municipal Act

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

2020.13.27 MOVED by Corneil and SECONDED by Drouillard THAT the Council for the Municipality of Dutton Dunwich hereby comes out of the closed session of the meeting at 3:29 p.m., and the regular meeting reconvenes.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

RISE AND REPORT - OPEN

2020.13.28 MOVED by Corneil and SECONDED by Loveland THAT the Council of the Municipality of Dutton Dunwich adopt the confidential resolution CL 2020-13 moved in the closed session.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

Personal matter about an identifiable individual

2020.13.29 MOVED by Hentz and SECONDED by Corneil THAT regarding closed session item personal matter about an identifiable individual – s. 239(2)(b) of the Municipal Act, that staff proceed as directed by Council.

Corneil – Yes Loveland – Yes Drouillard – Yes Hentz – Yes Purcell - Yes

CARRIED

PROPOSED BY-LAWS

2020.13.30 MOVED by Loveland and SECONDED by Hentz THAT By-Law #2020-33, being a by-law to amend by-law 2004-24, as it effects a parcel of land situated in Concession 1, Part Lot 7, municipally known as 14034 Coyne Road, Municipality of Dutton Dunwich, filed by Travis Hunter Boyd, be read a first, second and third time and passed.

CARRIED

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2020.13.31 MOVED by Drouillard and SECONDED by Hentz THAT By-Law #2020-34, being a by-law to amend by-law #2004-24, as it effects a parcel of land situated in Concession 6, Part Lot 18, municipally known as 9549 Willey Road, Municipality of Dutton Dunwich, filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., be read a first, second and third time and passed.

CARRIED

2020.13.32 MOVED by Corneil and SECONDED by Loveland THAT By-Law #2020-35, being a by-law to amend by-law #2004-24, as it effects a parcel of land situated in Concession 5 South of A, Part Lots 19 and 20, municipally known as 10238 Willey Road, Municipality of Dutton Dunwich, filed by Argyle Hills Inc. and Argyle Farms Brookwood Inc., be read a first, second and third time and passed.

CARRIED

2020.13.33 MOVED by Loveland and SECONDED by Hentz THAT By-Law #2020-36, being a by-law to amend by-law #2004-24, as it effects a parcel of land situated in Concession 7, Lot 13, municipally known as 29860 Talbot Line, Municipality of Dutton Dunwich, filed by Garr and Courtney Lacey, be read a first, second and third time and passed.

CARRIED

2020.13.34 MOVED by Drouillard and SECONDED by Loveland THAT By-Law #2020-37, being a by-law to confirm the proceedings of the Municipal Council of the Municipality of Dutton Dunwich, be read a first, second and third time and passed.

CARRIED

NEXT MEETING SCHEDULE

June 10, 2020 – 1:00 p.m.

June 18, 2020 – Special Meeting #5 – Official Plan Review - 5:00 p.m.

ADJOURNMENT

2020.13.35 MOVED by Hentz and SECONDED by Drouillard THAT the meeting of the Council of the Municipality of Dutton Dunwich closes at 3:39 p.m.

CARRIED

__________________________________

Robert (Bob) Purcell, Mayor

__________________________________ Heather Bouw, Clerk

This document is available in an accessible format or with appropriate communication supports upon request.

TO: Mayor and Members of Council

FROM: Murray Wickerson, Manager Roads and Facilities

DATE: June 10, 2020

SUBJECT: Public Works Monthly Report - May 2020

FOR INFORMATION:

Municipal Roads Maintenance

Gravel roads are being graded shaped in preparation for the 2020 brine season. Municipal streets have been swept.

Marsh Line

The Marsh Line rebuilding process is progressing well. New culverts and catch basins are being installed where required. Ditching to improve drainage has been completed. The surface was pulverized in preparation to add gravel to lower areas and create a more uniform roadway.

County Roads Maintenance

Patching and guardrail repairs have been completed. Regular patrols were performed. Roadkill was removed, as found or reported.

Landfill Operations

Landfill operations have continued with an increase in volume of resident use. A new landfill operator has been hired starting June 1, 2020. Ditching material has been added to the retired scrap steel area and requires additional levelling in preparation for seeding.

Building Maintenance

Minor repairs, painting and general maintenance have been required.

Parks and Recreation

The grass has been growing quite quickly with some areas requiring 2 cuts per week. Two summer students were hired to assist in Parks and Recreation duties.

Municipal Drain Repairs

Repairs of municipal drains has been carried out when weather and ground conditions permit. The majority of the received repair requests have been resolved.

Main Street

Trees have been planted in the downtown business section. and are currently receiving daily watering to encourage their growth. Hanging flower baskets have been placed on poles and planter boxes were placed on the sidewalks.

Iona Greenspace

GHD has been contacted to proceed with soil testing in the area of the future Iona greenspace.

John Street

John Street has been surveyed and we are currently awaiting the drawings from Spriet and Associates to proceed with the rebuild of this street. Drawings are expected to be available mid-June.

Respectfully Submitted: Approved for Submission:

Murray Wickerson Heather Bouw Manager Roads and Facilities Clerk

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TO: Mayor and Members of Council

FROM: Tim Hansen, Water Operations Manager

DATE: June 10, 2020

SUBJECT: Water Operations Report – May 2020

19T URECOMMENDATIONU:

THAT the Council of the Municipality of Dutton Dunwich directs staff to draft a letter to the owner of Grandview Cottages explaining waterline infrastructure and responsibilities of the municipality.

FOR INFORMATION:

During the month of May the water department repaired two water service leaks on Pioneer Line and completed one new water service install on Iona Road which consisted of a road bore. Everything went well and social distancing procedures were followed with proper PPE being worn when required.

Monthly blow offs of dead end watermains were completed in May with chlorine residuals consistent throughout the Municipality.

Grandview Cottages Waterline

Approximately 20 years ago a waterline was installed down Grandview Line about half way to the cottages, at this point a water meter pit and backflow device was installed. This is the point where municipal infrastructure stops. Beyond this point is private property with a small community of private cottages. The waterlines from the meter pit feeding these cottages are private waterlines purchased and installed by the previous owner. It is my understanding that there was a verbal agreement between the Municipality and the owner at that time that our water operators would run the blow offs on this private system which staff have been doing up to this point. New and stringent rules, regulations, policies and procedures have been implemented over the years creating additional responsibility for the operators and owner of the municipal water system. Last year the owner discovered leaks in their system and requested water department assistance to find them by shutting valves off and isolating different sections. Our operator spent almost a full day turning valves on and off. Once the owner had hired a private contractor to do repairs our operator returned again to shut valves off again. Shortly after, staff began receiving multiple calls from the cottagers complaining of air in their water lines. Staff then spent additional hours blowing lines off to get rid of the air. There seems to be some confusion on the owner’s part that municipal staff are not responsible for finding leaks or doing repairs on private lines.

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For this reason, it is recommended that a letter be sent to the owner of Grandview cottages explaining in detail that municipal infrastructure and responsibilities stop at the meter pit on Grandview Line, and that responsibility for purchasing water keys and hiring private contractors to service these private lines to the cottages rests with the owner of Grandview.

Respectfully Submitted Approved for Submission

Tim Hansen Heather Bouw Water Operations Manager Clerk

WATER DEPARTMENT SAFETY MEETING – JUNE 2, 2020

UTILITY SHOP - 0700 HRS

In attendance:

Tim Hansen, Ryan McGahan, Archie Leitch, Andy Davie Topics Covered:

Safety During Repairs and Installation

In May the water department completed two water service leak repairs and one new water service install which included a road bore. Discussed how to complete these tasks in a safe and timely manner. Most often operators are unable to maintain social distancing in these situations therefore need to wear proper PPE (masks and gloves). Operators maintained 6ft of distancing when possible. Discussed the importance of continuing to work together to provide safe drinking water to customers in Dutton Dunwich, but also how important it is for operators to remain safe and healthy while doing so.

Adjourned at 0800 hrs

TO: Mayor and Members of Council

FROM: Archie Leitch, Operator Wastewater Treatment Plant

DATE: June 10, 2020

SUBJECT: Monthly Report - May 2020

FOR INFORMATION:

All maintenance, alarm and safety checks were performed as required.

The annual toxicity test was submitted and the results are attached to this report. We achieved a 0% mortality and immobility rate. The toxicity test is comprised of sending 20L of effluent from the Plant to Aquatox, which is a lab in Puslinch, Ontario. A number of Daphnia magna and Rainbow trout are placed in the sample and monitored for mobility and replication at 24, 48 and 96 hours. This testing determines whether aquatic life is able to survive in the effluent which enters streams and waterways. Our test results indicate no species died or became immobile.

Capital Project Funder Description $$ Progress Complete

Respectfully Submitted Approved for Submission

Archie Leitch, Heather Bouw Wastewater Operator Clerk

TO: Mayor and Members of Council FROM: Jackie Morgan-Beunen, Chief Building Official DATE: June 10, 2020 SUBJECT: Building Activity Report – May 2020 FOR INFORMATION: A department update on its activities and meetings(s) since last reported. BACKGROUND: Time allocation was spent on new applications, plans examinations,

correspondence and inspections.

• Total Number of Building Permits Issued in the month of May: 17 • Total Number of those being Demolition Permits Issued: 3 • Number of New Residence Building permits within: 8

SUMMARY OF PERMITS ISSUED YEAR-TO-DATE:

• 2020: Number of Permits Issued to end of May: 45 • 2019: Number of Permits Issued to end of May: 41 • 2020 Total Construction Value to end of May: $6,132,433.96 • 2019 Total Construction Value to end of May: $4,159,630.00 • 2020: Total Permit Fees to end of May: $43,542.84 • 2019: Total Permit Fees to end of May: $20,505.92

Respectfully submitted by: Approved by: Jackie Morgan-Beunen Heather Bouw Chief Building Official Clerk

Permit Summary Report

Grouped by Structure TypePermits By Issued Date - Between: MAY 1,2020 and MAY 31,2020

MunicipalityPhoneBldg. Dept. PhoneBldg. Dept. Fax

Municipality Of Dutton/Dunwich(519) 762-2204

(519) 762-2278

$75.00Septic Fees $0.00

1Sq. FeetGross Area:

Number

Structure Type: N/A Value $4,000.00Code: Fees

$14,361.08Septic Fees $1,168.35

14Sq. Feet23,847.00Gross Area:

Number

Structure Type: SINGLE FAMILY DETACHED Value $2,112,000.00301Code: Fees

$150.00Septic Fees $0.00

2Sq. FeetGross Area:

Number

Structure Type: SWIMMING POOL ENCLOSURE Value $5,075.00107Code: Fees

Total ValueTotal Fees

$2,121,075.00$14,586.08

Total Number 17Sq. Fee23,847.00Total Area:

Page 1

Permit Summary Report

Grouped by Structure TypePermits By Issued Date - Between: MAY 1,2019 and MAY 31,2019

MunicipalityPhoneBldg. Dept. PhoneBldg. Dept. Fax

Municipality Of Dutton/Dunwich(519) 762-2204

(519) 762-2278

$851.40Septic Fees $0.00

3Sq. Feet4,648.00Gross Area:

Number

Structure Type: DETACHED GARAGE TYPES 1-5 Value $165,000.00101Code: Fees

$342.52Septic Fees $0.00

1Sq. Feet2,688.00Gross Area:

Number

Structure Type: SHED TYPE 1 WOOD TYPE 2 METAL Value $38,000.00102Code: Fees

$7,897.79Septic Fees $500.00

10Sq. Feet20,104.00Gross Area:

Number

Structure Type: SINGLE FAMILY DETACHED Value $1,487,250.00301Code: Fees

$787.14Septic Fees $0.00

2Sq. Feet3,124.00Gross Area:

Number

Structure Type: STEEL GRAIN BIN Value $435,000.00230Code: Fees

Total ValueTotal Fees

$2,125,250.00$9,878.85

Total Number 16Sq. Fee30,564.00Total Area:

Page 1

Permit Summary Report

Grouped by Structure TypePermits By Issued Date - Between: JAN 1,2019 and MAY 31,2019

MunicipalityPhoneBldg. Dept. PhoneBldg. Dept. Fax

Municipality Of Dutton/Dunwich(519) 762-2204

(519) 762-2278

$171.34Septic Fees $0.00

1Sq. Feet1,318.00Gross Area:

Number

Structure Type: ATTACHED GARAGE Value $30,000.00116Code: Fees

$982.80Septic Fees $0.00

4Sq. Feet5,080.00Gross Area:

Number

Structure Type: DETACHED GARAGE TYPES 1-5 Value $180,000.00101Code: Fees

$663.92Septic Fees $0.00

4Sq. Feet3,988.00Gross Area:

Number

Structure Type: SHED TYPE 1 WOOD TYPE 2 METAL Value $58,000.00102Code: Fees

$15,118.40Septic Fees $1,895.00

24Sq. Feet46,201.00Gross Area:

Number

Structure Type: SINGLE FAMILY DETACHED Value $2,872,630.00301Code: Fees

$787.14Septic Fees $0.00

2Sq. Feet3,124.00Gross Area:

Number

Structure Type: STEEL GRAIN BIN Value $435,000.00230Code: Fees

$150.00Septic Fees $0.00

2Sq. Feet486.00Gross Area:

Number

Structure Type: SWIMMING POOL ENCLOSURE Value $41,500.00107Code: Fees

$1,225.00Septic Fees $0.00

1Sq. Feet14,230.00Gross Area:

Number

Structure Type: TYPE I BARN Value $225,000.00201Code: Fees

$1,407.32Septic Fees $0.00

3Sq. Feet20,848.00Gross Area:

Number

Structure Type: TYPE III UNINSULATED BARN Value $317,500.00203Code: Fees

Total ValueTotal Fees

$4,159,630.00$20,505.92

Total Number 41Sq. Fee95,275.00Total Area:

Page 1

Permit Summary Report

Grouped by Structure TypePermits By Issued Date - Between: JAN 1,2020 and MAY 31,2020

MunicipalityPhoneBldg. Dept. PhoneBldg. Dept. Fax

Municipality Of Dutton/Dunwich(519) 762-2204

(519) 762-2278

$292.88Septic Fees $0.00

1Sq. Feet1,536.00Gross Area:

Number

Structure Type: DETACHED GARAGE TYPES 1-5 Value $20,000.00101Code: Fees

$1,378.60Septic Fees $0.00

1Sq. Feet3,072.00Gross Area:

Number

Structure Type: EXHIBIT BUILDING/MUSEUM/GALLERY Value $137,860.00790Code: Fees

$2,318.75Septic Fees $500.00

2Sq. Feet4,975.00Gross Area:

Number

Structure Type: MILKING PARLOURS INBARN Value $295,000.00212Code: Fees

$75.00Septic Fees $0.00

1Sq. FeetGross Area:

Number

Structure Type: N/A Value $4,000.00Code: Fees

$125.00Septic Fees $0.00

1Sq. FeetGross Area:

Number

Structure Type: OTHER SECONDARY STRUCTURE Value $37,968.00199Code: Fees

$75.00Septic Fees $0.00

1Sq. Feet1,281.00Gross Area:

Number

Structure Type: SHED TYPE 1 WOOD TYPE 2 METAL Value $250.00102Code: Fees

$22,230.07Septic Fees $4,568.35

31Sq. Feet37,095.00Gross Area:

Number

Structure Type: SINGLE FAMILY DETACHED Value $2,948,780.96301Code: Fees

$150.00Septic Fees $0.00

2Sq. FeetGross Area:

Number

Structure Type: SWIMMING POOL ENCLOSURE Value $5,075.00107Code: Fees

$150.00Septic Fees $0.00

1Sq. Feet194.00Gross Area:

Number

Structure Type: TRADITIONAL CHURCH Value $15,000.00730Code: Fees

Page 1

Permit Summary Report

Grouped by Structure TypePermits By Issued Date - Between: JAN 1,2020 and MAY 31,2020

MunicipalityPhoneBldg. Dept. PhoneBldg. Dept. Fax

Municipality Of Dutton/Dunwich(519) 762-2204

(519) 762-2278

$10,897.54Septic Fees $0.00

2Sq. Feet75,548.00Gross Area:

Number

Structure Type: TYPE III UNINSULATED BARN Value $1,765,000.00203Code: Fees

$5,725.00Septic Fees $0.00

1Sq. Feet78,417.00Gross Area:

Number

Structure Type: TYPE IV INSULATED BARN Value $900,000.00204Code: Fees

$125.00Septic Fees $0.00

1Sq. Feet124.00Gross Area:

Number

Structure Type: UNSPECIFIED INDUSTRIAL STRUCTURE Value $3,500.00599Code: Fees

Total ValueTotal Fees

$6,132,433.96$43,542.84

Total Number 45Sq. Fee202,242.00Total Area:

Page 2

TO: Mayor and Members of Council FROM: Fire Chief, Dan Lundy DATE: June 10, 2020 SUBJECT: Monthly Report – May 2020 UTrainingU: All live training is suspended. UOccurrencesU: 1 chimney fire, 1 natural gas leak, 1 tractor fire, 1 hydro wire blocking a road, 1 barn fire (Mutual Aid to Southwold), 1 401 MVC (false alarm), 1 structure fire (false alarm). During these 7 occurrences there was an average of 11 firefighters per call. UOtherU: During the annual safety inspection on Rescue 1, it was discovered that the frame rails are in bad shape. It will not pass a safety inspection next year. This unit is 30 years old, well past the 20 year lifespan. Options for replacing this unit include: 1) Replace it with a “mini rescue”. This is a 4 door, 1 ton pickup with a specialized rescue body. Preliminary prices are approximately $200,000 to $250,000. These units can carry 4 firefighters. 2) Purchase a new frontline Pumper and relegate Pumper 2 to rescue/backup pumper status. A new pumper similar to Pumper 2 would cost approximately $625,000 to $725,000. These units carry 6 firefighters. The current backup pumper (Pumper 4) is already 21 years old. It only carries 2 firefighters. 3) Remove the body from Rescue 1 and put a new truck and chassis under it. This would be complicated and involve much reconfiguration. A new chassis would cost approximately $150,000 to $200,000. These units typically carry 2 firefighters. Respectfully Submitted Approved for Submission Dan Lundy Heather Bouw Fire Chief Clerk

1 | P a g e

TO: Mayor and Members of Council

FROM: Brent Clutterbuck, Drainage Superintendent

DATE: June 10, 2020

SUBJECT: Monthly Activity Report - May 2020

FOR INFORMATION:

Drains before Council

• 20TC. McCallum Drain (Feb 2018): Council has received report, we are waiting to hold the meeting to consider the report.

• 20TCameron Graham Drain – Con 6 (Mar 2019): Council has received report, we are waiting to hold the meeting to consider the report.

• 20THamilton Drain (Oct 15) (Section 4&78): Report to come back to Council for consideration.

USection 4 and 78 Drains: Drains waiting to be constructed • 20TMcCann McWilliam Drain (Feb 2018): By-law passed. • 20TCameron Graham Drain – Con 5 S of A (Jan 17): Engineer preparing final

assessments and grant applications.

Drains in the Hands of the Engineer

USection 4 • 20TWatterworth Petition, Con 2 North part Lot 6 (Jul 17): I am looking to obtain some

GPS mapping of the farm from the petitioner. • 20TMcCaffrey Drain Extension (Sholdice Sept 17 and Watterworth Feb 2018):

Meeting with landowners and the Lower Thames Valley Conservation Authority was held August 26P

thP. Awaiting guidance from the petitioners on how they wish to

proceed. • 20TMcCallum Petition (Feb 2020): Onsite meeting held June 2P

ndP.

USection 78 • 20TDuncan McPherson Drain (Feb 2018), Mac Lilley Drain (Feb 2018), Bruce

McCann Drain (Feb 2018): These three drains have been combined into one because the proposed work is on a common outlet for all three drains. The Engineer was asked to investigate extending the tile portion farther downstream than what was proposed at the proposal meeting. There is more field investigation required.

2 | P a g e

• 20TBennet Drain (Jun 2018): Meetings to review this proposal with the affected landowners have been delayed due to numbers and Covid-19 assembly restrictions.

• 20TBrown Drain (Aug 2018): Meetings to review this proposal with the affected landowners have been delayed due to numbers and Covid-19 assembly restrictions.

• 20TA.D. McFarlane Drain (Jan 2019): Investigative digs have been completed with follow up meeting with the affected landowner. The Engineer is completing his report.

• 20TRivers Trojek Drain and Rivers Moore Branch (Aug 2019): Survey has been completed. Will be doing some investigative digs for waterline and existing drain elevations.

• 20TEaton Drain/Bennett Drain – Dutton Land Holdings (Jan 2020): Onsite meeting held June 2P

ndP.

• 20TKeith Drain (April 2020): Engineer has completed his draft plan. Will meet with owner to review the proposal.

Drain Maintenance

• Municipal tile drains maintenance being sent to Public Works when received for completion. Public Works has worked on approximately 30 different municipal drains this spring so far. Some of those drains had multiple holes to repair.

Respectfully Submitted Approved for Submission

Brent Clutterbuck Heather Bouw Drainage Superintendent Clerk

\\

1

TO: Mayor and Members of Council

FROM: Brent Clutterbuck, Drainage Superintendent

DATE: June 10, 2020

SUBJECT: Council Proceeding with meetings under the Drainage Act

RECOMMENDATION:

If Council wishes to proceed with virtual Drainage Act meetings that they do so by authorizing such meetings to occur by resolution. I also recommend that Council instruct staff to send correspondence to our local MPP Jeff Yurek and the Minister of Agriculture and Rural Affairs asking for their consideration of exemptions to O. Reg 73/20 to allow for Drainage Act activities to proceed in a timely manner, similar to what has been provided for Planning Act activities.

Summary:

In reading Section 2 of Ontario Regulation 73/20 I interpret this as Council being the decision maker regarding whether to hold a Meeting to Consider the Report of the Engineer, and the Court of Revision is the decision maker for their meeting. If Council agrees with this interpretation I would suggest that we could hold these two meetings and be ready to proceed with third and final reading of the provisional by-law when allowed which will be after the lifting of the State of Emergency as the Ontario Drainage Tribunal and the Drainage Referee are the respective decision makers in Section 2 of O. Reg 73/20

Tenders should not be awarded, and construction of a drain cannot start until 10 days after the third and final reading of a by-law to construct a drain.

FOR INFORMATION:

I received a request from Council asking me to investigate the feasibility of holding the Meeting to Consider the Report and the Court of Revision as prescribed under the Drainage Act. I contacted Mr. Tim Brook, Ontario Drainage Co-Ordinator with the Ontario Ministry of Agriculture and Food and Rural Affairs (OMAFRA). He informed me in a telephone conversation on May 27P

thP that there are a few municipal councils that are proceeding with

virtual Drainage Act meetings for simple drains that are low risk for appeals to the Court of Revision, Tribunal or the Drainage Referee. As previously reported the Tribunal has suspended in person hearings and the office is closed with staff working remotely. The Tribunal website at the time of writing of this report had no new Covid19 updates.

If Council wishes to proceed with virtual Drainage Act meetings before Council and the Court of Revision, they should weigh the risks associated with doing so. Council can go through

2

the whole process of meetings and hearings with no appeals to Court of Revision, Tribunal or the Drainage Referee being filed with the Clerk. Council could consider giving third and final reading of the by-law prior to the end of the State of Emergency and Regulation 73/20 but that comes with potential risk.

The risk I feel comes from finally passing a by-law that all appeal periods may have been suspended under Ontario Regulation 73/20. The risk I am concerned about may come from a landowner who interprets Ontario Regulation 73/20 to provide them with the right to not be required to file an appeal to the Court of Revision, Tribunal or the Referee until the Emergency Order has been rescinded or amended. This is even so after through all the processes we inform affected parties multiple times of the appeals available under the Drainage Act and the applicable time frames specified in the Drainage Act and that the Clerk will available to receive all appeals in any in the usual manner.

To hold virtual meetings, I would recommend that every step taken by Council and the Court of Revision needs to be clearly documented and authorized by resolution of Council and the Court of Revision. The purpose of this would be to show that Council and the Court are acting with diligence to ensure that all landowners are effectively notified. I would suggest that if Council wishes to proceed with Meetings to Consider the Engineers Report under The Drainage Act should authorize such meetings by passing a resolution stating that they intend to and authorize the proceeding with those meetings virtually until the Covid-19 emergency order is lifted. Similarly, the Court of Revision should convene to discuss this issue and if they wish to proceed should pass a resolution to proceed with virtual meetings until the Covid-19 emergency order is lifted. The Court of Revision then should also consider passing a resolution stating that they will only accept appeals to the Clerk in writing 10 days prior to the first sitting of the court as specified in Section 52(2) of the Drainage Act and that no late in person appeals that are available at the discretion of the Court under Section 52(4) will be accepted.

In all correspondence with assessed landowners we should make them clearly aware that all appeals to the Court of Revision, Tribunal and the Referee are to be served on the Clerk of the Municipality and what the time frames are within the Drainage Act. They also need to be made aware that the Clerk will be available to accept all appeals within the time frames specified in the Drainage Act. Once an appeal is served the Clerk is responsible to forward all appeals to the applicable appeal body. If an appeal is served final passing of the by-law cannot occur until all appeals have been ruled on.

If Council is wishing to proceed with Drainage Act meetings, that notice be sent to all assessed landowners of their intention to do so with the regulated form along with a cover letter similar to what I have provided below:

The Council of the Municipality of Dutton Dunwich will hold a Virtual Meeting to Consider the Report of the ____________ Municipal Drain on UDate/TimeU. The purpose of this Virtual Public Meeting is to afford any assessed landowner that attends either electronically or by phone, an opportunity to make representation with respect to the _____ Municipal Drain.

3

This virtual Public meeting is being held in this format due to the prohibition of the gathering of more than five (5) people due to the COVID-19 provincial emergency order.

If you plan to attend, please contact the Clerk as soon as possible by telephone or email to receive the appropriate information on how to attend this meeting.

If you have any questions or concerns about being able to attend a virtual meeting, please contact the Clerk as soon as possible by telephone at 519-762-2204 so that we can try provide you with the needed assistance

A similar letter should be drafted from the Chair of the Court of Revision to go with the mailing of the provisional by-law and Notice of the First siting of the Court of Revision.

Respectfully Submitted: Approved for Submission:

Brent Clutterbuck Heather Bouw Drainage Superintendent Clerk

A.D. McFARLANE DRAINMunicipality ofDutton Dunwich

1

TO: Mayor and Members of Council

FROM: Tracey Pillon-Abbs, MCIP, RPP, Planner

DATE: June 10, 2020

SUBJECT: Renewable Energy Interim Control By-law - 1 Year Extension

URECOMMENDATION:

THAT Council of the Municipality of Dutton Dunwich RECEIVE information pertaining to the Renewable Energy Interim Control By-law – 1 Year Extension;

AND THAT Council AMEND Interim Control By-law 2019-26 to extend the period for 1 additional year, being from July 24, 2020 to July 24, 2021, temporarily prohibiting all development pertaining to “New Large Scale Renewable Energy Facilities”;

AND THAT the required Notice of Extension be POSTED in the local newspaper and on the municipal website. UBACKGROUNDU:

Under the Environmental Protection Act, Ontario Regulation 359/09 was passed on June 1, 2019, which amended the renewable energy approvals in the Province. Proponents now need approval from municipal councils for large wind, solar or bio-energy projects.

Regulation 359/09 outlines criteria to get a renewable energy approval, which includes requiring the proponents to submit written confirmation from local municipal authorities indicating that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under the Planning Act.

Given the new municipal powers, Official Plans and Zoning By-laws need to be updated. Only zoning bylaws are considered by the new regulation, but zoning by-laws need to be consistent with the Official Plan.

Planning provisions cannot prohibit wind turbines, only regulate their location within the municipality. Renewable energy undertakings would be subject to municipal planning instruments, in addition to any environmental and other approvals that may be required. In the absence of any transitional provisions, renewable energy facilities would be subject to municipal planning documents, and may not be in compliance with local zoning by-law requirements, triggering the need for planning amendments.

It is necessary for the Municipality to review/study its land use policies and regulations in order to mitigate the potential impact associated with renewable energy facilities. A comprehensive review/study and the resultant changes to planning documents. Council passed an Interim Control Bylaw 2019-62 on July 24, 2019, under Section 38 (1) of the Planning Act, which prohibited “New Large Scale Renewable Energy Facilities” for 1 year,

2

in order to study land use policies and regulations. There were no appeals to the Local Planning Appeal Tribunal (LPAT) of the original Interim Control By-law. UCOMMENTS

An extension of the Interim Control By-law is required in order to provide additional time to complete the review of the Official Plan and Zoning By-law. Section 38 (2) of the Planning Act states that the Council may amend an Interim Control

By-law to extend the period of time during which it will be in effect, provided the total period of time does not exceed two years from the date of the passing of the Interim Control By-law.

Public consultation will be scheduled in 2020 as part of the review of the Official Plan. The Zoning By-Law will be reviewed shortly after. To date, there have been no inquiries for new projects in the Municipality of Dutton Dunwich.

It should be also noted that April 21, 2020 through the enactment of Bill 189 (titled the Coronavirus (COVID-19) Support and Protection Act, 2020) and the passage of new Ontario Regulation 149/20, the Province has retroactively exempted the Planning Act from legislation suspended limitation periods and procedural timelines (Ontario Reg. 73/20) and created a new set of rules to govern the timelines for decision making and appeals under the Planning Act.

Section 6 of O. Reg. 149/20 extends the duration of Interim Control By-laws that were in effect on March 17, 2020. These will remain in effect until the termination of the Emergency, unless the municipality chooses to amend or repeal the by-law. Thereafter, Interim Control By-laws that would have expired before the termination of the Emergency will remain in effect for a period equivalent to the number of days between March 17, 2020 and the day the by-law would have expired. For Interim Control By-laws that will expire after the termination of the Emergency, they will remain in effect for an additional period equivalent to the number of days between March 17, 2020 and the termination of the Emergency. UCONCLUSION

It is recommended that the Interim Control By-law be amended to extend prohibiting “New Large Scale Renewable Energy Facilities” for 1 year, until July 24, 2021, to provide additional time to complete the review of the Official Plan and Zoning By-law.

No notice or hearing is required prior to the extension of the By-law, but the Clerk shall give notice of its passage afterwards as prescribed by the Planning Act.

Only the Minister may within 60 days from after the date of the passing of the initial by-law appeal to the LPAT. Any person or public body may appeal the amendment to extend the By-law.

As a reminder, where an interim control by-law ceases to be in effect, Council may not for a period of three years pass a further By-law that applies to any lands to which the original By-law applied.

Respectfully Submitted Approved for Submission

Tracey Pillon-Abbs, MCIP, RPP Heather Bouw Planner Clerk

From: Welsh, Heather <30TUhwelsh@stthomas.caU30T> Sent: May 25, 2020 3:17 PM To: Bob Purcell <30Tbpurcell@duttondunwich.on.ca30T> Subject: Go Gold for Grad Campaign May 25, 2020 Mayor Bob Purcell Municipality of Dutton Dunwich RE: “Go Gold for Grad” Campaign Dear Mayor Purcell, The City of St. Thomas has received a request from the Thames Valley Council of Home and School Associations regarding a “Go Gold for Grad” campaign. The campaign is asking municipalities within the Thames Valley District School Board to light public buildings or art gold on June 25P

thP as this would have been the last day of school. The City of London

has already approved the lighting of its public buildings for the occasion. Since Grade 8 and Grade 12 Graduation and Commencement Ceremonies have been postponed, we are asking you to join us as we recognize these graduates for their accomplishments. The City of St. Thomas will be receiving the correspondence on the June 8P

thP agenda and I anticipate

that we will approve the lighting of Jumbo for this occasion. We hope that we can count on you for your support. Let’s show these young people that they are not forgotten in this time of unprecedented events. Sincerely,

Mayor Joe Preston

May 28, 2020 Will Bouma, MPP 96 Nelson Street Suite 101 Brantford, ON N3T 2X1 Sent via email will.bouma@pc.ola.org Phil McColeman, MP 108 St. George Street Suite 3 Brantford, ON N3R 1V6 Sent via email phil.mccoleman@parl.gc.ca Re: Essential Workers Day – March 17 Please be advised that Brantford City Council at its meeting held May 26, 2020 adopted the following:

10.1 Essential Workers Day – Councillor Wall

WHEREAS the Province of Ontario enacted a Declaration of Emergency on March 17th, 2020 in response to the COVID-19 Worldwide Pandemic; and WHEREAS during the state of emergency certain services have been deemed essential services by the Government of Ontario; and WHEREAS citizens are asked to isolate at home to reduce the spread of COVID-19 as essential workers continue to work and provide an essential service to their community; and WHEREAS essential workers across the country are risking their lives; and WHEREAS some essential workers have been stricken with illness, suffered trauma or injury, or lost their lives as a result of providing an essential service; and WHEREAS without this dedicated workforce, essential services, including but not limited to, healthcare, police, fire, paramedics, military, social services, community services, food distribution, agriculture, postal and delivery services, education, security, transit, financial services, hospitality, commerce, manufacturing, construction, maintenance and repair, waste management, sanitation services, government, and administrative services would fail to function; and

2

WHEREAS our community owes a profound debt of gratitude to every single essential worker who ensured our community could continue to operate; NOW THEREFORE, the Municipal Council of The Corporation of the City of Brantford HEREBY RESOLVES as follows: A. THAT March 17 BE PROCLAIMED by the Council for The Corporation of the City of

Brantford to be Essential Workers Day in the City of Brantford; and B. THAT the Clerk BE DIRECTED to provide a copy of this resolution, with a covering

letter, to MPP Will Bouma and MP Phil McColeman to respectfully request that the Government of Ontario and the Government of Canada formally declare March 17 to be Essential Workers Day to honour all of the essential workers who sacrificed so much during the COVID-19 pandemic; and

C. THAT all municipalities across Ontario and Canada BE INVITED to proclaim March

17 to be Essential Workers Day in their respective municipalities, and that a copy of this resolution be provided to AMO, LUMCO, FCM, and ROMA for that purpose.

Tanya Daniels City Clerk tdaniels@brantford.ca cc All Ontario municipalities Association of Municipalities of Ontario (AMO) Large Urban Mayor’s Caucus of Ontario (LUMCO) Federation of Canadian Municipalities Rural Ontario Municipal Association (ROMA)

From: 30TUKaren.Vecchio.C1C@parl.gc.caU30T <30TKaren.Vecchio.C1C@parl.gc.ca30T> Sent: June 2, 2020 11:54 AM To: 30TKaren.Vecchio.C1C@parl.gc.ca30T Subject: Good News Alert: Request for Local Stories Dear Friends, I have firsthand seen the incredible community spirit in 30T#EML30T during the COVID-19 pandemic, where our neighbours, family and friends are working tirelessly to help others who may be in need. If you know of a heart-warming story or have photos of this amazing community participation please forward it to my office via email at 30TKaren.Vecchio.c1c@parl.gc.ca30T. Thank you to everyone who has helped our community in this unprecedented time! Sincerely, Karen Vecchio Member of Parliament Elgin-Middlesex-London

234-2020-2264 June 4, 2020 The Honourable Navdeep Bains Minister of Innovation, Science and Industry 25T UNavdeep.Bains@parl.gc.ca The Honourable Catherine McKenna Minister of Infrastructure and Communities 25T UCatherine.McKenna@parl.gc.caU25T The Honourable Maryam Monsef Minister of Rural Economic Development Minister for Women and Gender Equality 25TMaryam.Monsef@parl.gc.ca25T Dear Ministers:

I am writing today to add my voice, and those of Ontario’s municipalities, to the call for urgent federal action to provide immediate funding for reliable broadband access across Ontario.

I have the privilege of meeting regularly with Mayors and council members from across Ontario. From the first day I took office, I have heard that lack of access to reliable high-speed internet service is holding communities, people, and businesses back.

We have worked together to partner with our local governments through our Broadband and Cellular Action Plan to support major investments in under-serviced areas in Eastern and Southwestern Ontario. To support this commitment, we have targeted $315 million over five years to expand broadband and cellular infrastructure.

Now, as Ontario and our towns and cities are working together to respond to the COVID-19 outbreak, there is even more urgency to address gaps in service and high costs. However, we cannot do this alone - urgent investment from the federal government is required.

While in more northern and rural parts of Ontario internet availability can be limited at best, gaps in coverage persist in southern and urban parts of our province. For many in Ontario, the costs to access service are also prohibitively high.

…/2

Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17P

thP Floor

Toronto ON M7A 2J3 Tel.: 416 585-7000

Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17P

eP étage

Toronto ON M7A 2J3 Tél. : 416 585-7000

-2-

The lack of broadband access in rural Ontario puts everyone in unserved or under-serviced areas at a disadvantage – students seeking help on homework while learning remotely, seniors and other vulnerable individuals looking to access critical services, and business owners working hard to keep afloat and compete during challenging times.

Broadband limitations also restrict the services that rural and northern municipalities can provide to their residents. Ontario’s municipal leaders and the citizens they serve must be able to embrace digital service delivery now to respond to the pandemic and to deliver public services efficiently and equitably over the long term.

I know that Ontario, our local governments and Canada all share the same goal: that we can bring our full potential to the task at hand to recover from the COVID-19 outbreak and the resulting impacts on our economy. Our Mayors, councils, community groups and citizens are already developing recovery plans and strategies. Broadband infrastructure is an essential building block, and we will need your commitment to invest, without delay, in the future of Ontario’s towns and cities.

I have taken the liberty of copying the Minister of Families, Children and Social Development as I know Minister Hussen also has a strong interest in supporting and strengthening communities. As well, I have copied my colleague, the Honourable Laurie Scott, Minister of Infrastructure, under whose purview broadband falls.

Sincerely,

The Honourable Steve Clark Minister of Municipal Affairs and Housing Ontario

c. The Honourable Ahmed Hussen Minister of Families, Children and Social Development

25TAhmed.Hussen@parl.gc.ca25T The Honourable Laurie Scott Minister of Infrastructure, Ontario Heads of Municipal Council (Ontario)

From: Delegations (MMA) <30TUDelegations@ontario.caU30T> Sent: June 5, 2020 8:59 AM Subject: Association of Municipalities of Ontario (AMO) 2020 Delegation Form Hello/ Bonjour, Please be advised that the Municipal Delegation Request Form for the Association of Municipalities of Ontario (AMO) 2020 Annual Conference is available online. Information about delegations and a link to the form are available here: 30Thttps://ontario.ca/page/2020-association-municipalities-ontario-conference30T .The deadline to submit requests is Friday June 26, 2020.

Le formulaire pour demander une rencontre avec le ministères pour le Congrès annuel 2020 de l’Association des Municipalités de l’Ontario (AMO) est disponible en ligne. Pour plus d’information sur les délégations et le formulaire, veuillez suivre le lien suivant : 30Thttps://ontario.ca/fr/page/conference-2020-de-lassociation-des-municipalites-de-lontario-amo30T . Date limite pour présenter une demande: vendredi 26 juin 2020. Thank you/ Merci

From: Kelly Ziegner <30TUceo@unitedwayem.caU30T> Sent: May 22, 2020 5:05 PM To: Bob Purcell <30Tbpurcell@duttondunwich.on.ca30T> Subject: Bob, we're putting your generosity to work Our #LocalLove letter to you

Dear Bob,

As Canadians, we’re known for being caring and compassionate, especially here at home in Elgin-

Middlesex. We love where we live, we’re good to our neighbours, and we look out for each other.

Ensuring we have a strong social safety net has never been more important, and it’s work United Way

takes to heart. We’ve been so fortunate to have received over $1.4M in funding from the Government of

Canada that will be distributed to local frontline social services support our community’s most

vulnerable during this challenging time. This is in addition to more than $400,000 in local grants made

possible by local donors! Thank you!

You can read about the new funding here, and learn about new ways United Way is helping people--

from Big and Little Sisters to seniors--keep connected in this physically distanced world.

Bob, stories like these give me hope and are a powerful reminder that united, we are a strong and

resilient community.

Kelly Ziegner,

President & CEO, United Way Elgin Middlesex

39TUnited Way issues open call for $1.3M Emergency Community Support Fund39T

Local frontline social service agencies can get grants of up to $150,000 to help them meet high

priority needs related to COVID-19...30Tread more30T

39TBig Brothers Big Sisters find ways to connect39T

When the pandemic put a stop to hanging out IRL, Jayia and Camilla turned to technology to

get together, apart...30Tread more30T

39TFriendly Callers reaches out to isolated seniors39T

Many seniors are feeling lonely, vulnerable and isolated since the pandemic hit. CMHA’s new

Friendly Callers program is just the antidote...30Tread more30T

United Way Elgin Middlesex | 409 King St, London, ON N6B 1S5 | 519-438-1721 | 30TPrivacy Policy30T

If you do not wish to receive The #LocalLove Letter please unsubscribe 30There.30T

From: Minister, MECP (MECP) <Minister.MECP@ontario.ca> Sent: Monday, May 25, 2020 11:23 AM Subject: Thank You – Day of Action on Litter

35TGood morning, 16T35T 16T 16TOn May 12, 2020, we celebrated Ontario’s first Provincial Day of Action on Litter and I want to thank you for your participation and support that helped make it such a great success. 16T 16TWe saw an overwhelming amount of participation through Twitter, Instagram and other social media platforms. It was an incredible demonstration of how people across the province can come together in support of 16T35Tcreating a cleaner Ontario for today and for future generations. 16T 35TThank you for taking the time to recognize the Day of Action on Litter and help spread the word through your channels. On the first day alone, there were over 500 downloads of the participation guide and social assets, with a digital audience reach of nearly 2 million people. Our hashtag #actONlitter was also a top-10 trending topic on Twitter in Ontario, and #13 in Canada. 35T 35TWhile we have postponed public and corporate cleanups until later this year to support physical distancing efforts, our hope is that these events can take place during Waste Reduction Week, from October 19 to 25, 2020. We look forward to working with you again closer to the fall in preparation for these cleanups. 35T 35TIn the meantime, if you have any questions, please email 35T31TUActONLitter@ontario.caU31T 35T. 35T 35TThank you again for your support. 16T 35TJeff Yurek16T35T 35TMinister of the Environment, Conservation and Parks16T35T 16T 35TAndrea Khanjin16T35T 35TParliamentary Assistant to the Minister of the Environment, Conservation and Parks16T35T

Council Highlights

May 26, 2020

In This Issue

• Warden’s Activity Update

• Grant and Festival Events Partnership Allocations

• Tree Commissioner/Weed Inspector Year End Report for 2019

• Elgin-St. Thomas Economic Resiliency and Recovery Taskforce

• Emergency Communications Summary

• April 2020 Budget Performance

• Centennial Road / Elm Line Intersection Improvements – Online Public Information Centre

• Contract Awards - Culvert Sliplining and Culvert Replacement

• Addressing Elgin County’s Connectivity Challenges

• Rural Connectivity Conference

• Electronic Meeting Provisions: Post-Pandemic

Contact Us County of Elgin (519) 631-1460 ckrahn@elgin.ca www.elgincounty.ca

Warden’s Activity Update

The Warden thanked the many organizations and individuals who have very generously donated supplies, food, and gifts to the County’s Long-Term Care Homes during the pandemic. Although plans are being made to gradually re-open the economy and society, the Warden emphasized that everyone must remain diligent and remember that we are all part of the solution.

Grant and Festival Events Partnership Allocations Councillor Ketchabaw, Chair of the Rural Initiatives and Planning Advisory Committee, provided an overview of the Committee’s most recent meeting, held on May 12, 2020. Several events and programs have been cancelled as a result of the COVID-19 pandemic. Eat2Learn submitted a revised grant proposal. With the closure of schools, this organization has partnered with several local food banks to assist families who need food at this time. Elgin County Council granted $6250 in funding to Eat2Learn and $150 in funding to support tourism signage for the Aylmer-Malahide Museum through the 2020 Elgin County Tourism Directional Signage Grant Program.

Tree Commissioner/Weed Inspector Year End Report for 2019 The Tree Commissioner/Weed Inspector presented a summary of activity related to the Elgin Woodlands Conservation By-Law for the period of November 1, 2018 to October 31, 2019 and weed inspection activity for the 2019 season. The report can be accessed here.

Elgin-St. Thomas Economic Resiliency and Recovery Taskforce An Elgin-St. Thomas Economic Resiliency and Recovery Taskforce has been formed as a collaboration between stakeholders within the Elgin-St. Thomas area and the Economic Development Department. The goal of the taskforce is to help

In This Issue

• Warden’s Activity Update

• Grant and Festival Events Partnership Allocations

• Tree Commissioner/Weed Inspector Year End Report for 2019

• Elgin-St. Thomas Economic Resiliency and Recovery Taskforce

• Emergency Communications Summary

• April 2020 Budget Performance

• Centennial Road / Elm Line Intersection Improvements – Online Public Information Centre

• Contract Awards - Culvert Sliplining and Culvert Replacement

• Addressing Elgin County’s Connectivity Challenges

• Rural Connectivity Conference

• Electronic Meeting Provisions: Post-Pandemic

Contact Us County of Elgin (519) 631-1460 ckrahn@elgin.ca www.elgincounty.ca

Elgin-St. Thomas return to a strong, vibrant economy, and it will provide feedback to local government on how best to respond to the economic crisis that is currently impacting the local business community.

Emergency Communications Summary

The Community and Cultural Services Department has spearheaded COVID-19 related communications under the leadership of the Director of Community and Cultural Services. The team implemented a new Live Chat service to respond to resident questions given the closure of County offices. They also continue to post regular updates on the County’s COVID-19 site and through social media. The communications team will remain active throughout the emergency response and recovery period.

April 2020 Budget Performance The budget comparison for the County shows a favourable performance of $87,000 for the month of April, primarily the result of favourable wage performance stemming from the COVID-19 shortage-of-work, bringing year-to-date performance to $294,000.

Centennial Road / Elm Line Intersection Improvements – Online Public Information Centre The Director of Engineering Services provided an overview of the ongoing online Public Information Centre, which presents background information, evaluation of alternatives, and a Technically Preferred Alternative for intersection improvements at Centennial Road and Elm Line. The intersection is a four-way intersection currently only controlled at its north and south approaches with stop conditions. Existing conditions require significant driver concentration to navigate the intersection during peak vehicular periods, and improvements of this intersection are required prior to full subdivision build-out. The online Public Information Centre is now available on the County’s study webpage https://www.elgincounty.ca/centennial-elm/.

Contract Awards - Culvert Sliplining and Culvert Replacement Gary D. Robinson Contracting submitted the lowest compliant bid for the project at a total price of $399,900.00 inclusive of a $25,000 contingency allowance and exclusive of HST. The submitted bid is within budget estimates.

In This Issue

• Warden’s Activity Update

• Grant and Festival Events Partnership Allocations

• Tree Commissioner/Weed Inspector Year End Report for 2019

• Elgin-St. Thomas Economic Resiliency and Recovery Taskforce

• Emergency Communications Summary

• April 2020 Budget Performance

• Centennial Road / Elm Line Intersection Improvements – Online Public Information Centre

• Contract Awards - Culvert Sliplining and Culvert Replacement

• Addressing Elgin County’s Connectivity Challenges

• Rural Connectivity Conference

• Electronic Meeting Provisions: Post-Pandemic

Addressing Elgin County’s Connectivity Challenges The Chief Administrative Officer addressed the connectivity challenges in Elgin County. Accessible high-speed internet is no longer a luxury, but a basic requirement for everyday economic, social and cultural activities, and effective implementation can result in new and improved online services, including commerce, government, health and education. Through their support of equitable access initiatives and collaborative efforts, including private sector investments, Council is dedicated to helping stimulate a healthy, competitive market.

Rural Connectivity Conference Information Technology and Economic Development staff will host a rural connectivity conference in the fall. The conference will be part of the Economic Development Department’s yearly conference series. Although still in the early planning stages, a key component of this conference would be to have Internet Service Providers (ISPs) present various ideas or solutions for rural communities struggling to provide high speed internet to their residents.

Electronic Meeting Provisions: Post-Pandemic In light of the pandemic, municipalities were expected to adopt a virtual format for the majority of their meetings and services, to minimize travel and gathering of large crowds. The flexibility afforded to Council through the changes to the Municipal Act during a declared state of emergency would be helpful on a go-forward basis. Council directed the Warden to send a letter to the Minister of Municipal Affairs and Housing, Hon. Steve Clark, requesting that the Province of Ontario amend Section 238 (3.1) of the Municipal Act, to allow Members to participate electronically in a meeting either in full or in part on an ongoing basis as is currently happening during the Provincial and Municipal Declarations.

Contact Us County of Elgin (519) 631-1460 ckrahn@elgin.ca www.elgincounty.ca

The complete May 26, 2020 County Council Agenda package can be found here.

CULTURAL HERITAGE COMMITTEE MINUTES

April 15, 2020 – via ZOOM – 5pm Present: Deputy Mayor Mike Hentz, Delany Leitch, Elaine Brown, Angela Bobier, Laurence Grant, Blair Ferguson, Ron Ross Staff Resources: Tracey Pillon-Abbs, Planner, Kate Morreau, Executive Assistant Laurence chaired, and called the meeting to order at 5:05pm. Adoption of the Minutes – January 16, 2020 Laurence asked if there were any errors or omissions in the minutes. None. Motion to adopt the minutes by Angela and Seconded by Delaney CARRIED. Heritage Designation Updates

• 29436 Talbot Line, Sifton House Tracey sent a letter to thank the owners for wanting to designate their property and to determine if they were interested in a plaque for their property. Permission was granted and when appropriate Tracey will arrange the manufacturing of the plaque.

• 32272 Talbot Line, Nick Hubert A report went to Council which supported the notice of withdrawal. Tracey will notify Ontario Heritage Trust. The notice has already been advertised in the newspaper. If the property owner wishes to pursue designation in the future they can. The property will remain on the Heritage Registry.

Heritage Committee Appointments – Update As the last Heritage meeting was cancelled Tracey proceeded with a report to Council recommending the applications received to sit on the Heritage Committee be approved by proxy. The committee members welcomed new members Blair Ferguson and Ron Ross. Both new member expressed their gratitude for being a part of the committee and are eager to start their new roles. Heritage Committee New Member Orientation Package Tracey stated the orientation package is forthcoming for both new members. The package will include the Heritage Registry, basic information on the Heritage Act and the toolbox the committee currently use to designate properties. Tracey will send electronically for now and will provide a paper copy at a later date.

Community Heritage Membership Tracey stated the membership is paid for and active. Tracey will begin to receive monthly brochures which will provide to the members at the next meeting. Any electronic information Tracey receive will be forwarded to everyone. Ongoing Matters • Iona Park Naming Recommendation – Lumley Park Deputy Mayor Hentz stated this recommendation did go to Councillor’s Drouillard and

Loveland who are working with the Iona community committee. Some feedback was received however this appears to be a contentious issue which was unknown. Deputy Mayor Hentz recommended reaching out the community and ask for their input.

• Ontario Heritage Act Tracey stated the proposed changes come into effect effective date is July 1, 2020. As

the new information is received Tracey will share with the committee members. Laurence referred to a blog on the University of Waterloos website which highlights the

changes to the Ontario Heritage Act. Laurence stated if committee members are interested they can subscribe to the blog.

New Business • Committee Training and Proposed Dates Tracey circulated a flyer to committee members Bert Duclos. Bert is a former Ministry of

Culture and Tourism employee who is now retired and now provides various kinds of heritage training. Tracey stated in light of the proposed training to the Ontario Heritage Act it would be helpful to invite Bert to a committee meeting to review the changes with committee members. The committee members agreed this would be beneficial and schedule for the fall. Tracey will reach out to Bert to enquire as to a time he can provide training. Angela requested this training be any other day but Wednesday as that his Backus-Page Museum’s Board Meeting night.

• Town of Ajax Designated Heritage Properties Elaine provided a copy of a Heritage brochure from the Town of Ajax. The committee discussed and review the content and determined information could be condensed and used by the committee. Elaine stated she felt it was a good source of information. Laurence stated the committee already has a brochure with typical questions and answers however, offered to review for Dutton Duwnich.

• Backus-Page House Museum Events Angela stated the Board to cancel or postpone all museum events until June 14, 2020. Also, the entirety of John E. Pearce Provincial Park including Wetlands and Spicer trails, south side of Lakeview Line and the museum area are completely closed to the public. Grass cutting has also been postponed until May 12 at the earliest. Laurence enquired about the Battle of Culloden, Angela stated she had spoken with the group and they cannot see it is going to happen.

Any Other Business Tracey asked if the members had any other business. • Deputy Mayor Hentz stated this may be an ideal time to do research for the Largie, Cowal,

Tyrconnell and Coynes Corner interpretive signs. • Angela requested Delany forward the sign template to her. Angela stated she did not get

any photos from residents during the current shutdown therefore will put out a request on lined to ask residents to go through their photos and see if they find anything suitable for these areas.

• Ron Ross stated Ron Sutton may have some interesting photos that could be used. Ron

has also provided Delany with information. • Blair stated he is looking forward to contributing to the committee. Blair stated he has a

couple of Sifton photos for Coynes Corner. Blair suggested contacting Charlene Davidson whose husband is John Davidson (Jessie’s Journey mother). Charlene is an official Sifton historian of the family and everyone sent all their photos to Charlene. Blair will try to make contact with Charlene to get a good photo of the Sifton house.

• Laurence stated someone in Iona has created a FaceBook page and a resident (Al Kirk)

encouraged Laurence to post the Iona photos he owns. • Delany confirmed Angela and herself are Administrators for the Municipal Heritage

Committee FaceBook page. As the Iona Facebook page are a private group you cannot access the photos however Delany will capture them and post them with Laurence’s approval. Delany had received a quote of $240 to manufacture the interpretative signs. The signs would be a digitally printed decal attached to a 6mm aluminum panel.

• Deputy Mayor Hentz stated the Iona and Iona Station signs are same as the other four

community installed last fall and stated those signs could be interpretive signs too. Laurence stated he can draft signs for these two areas. Delany will send the sign template to the committee members.

Upcoming Events None

Next Meeting The next meeting will be held on Wednesday, May 20 (tentative) at 5:00p.m., in Dutton Dunwich Council Chambers or via Webconference. Next Meeting Chair TBD. Meeting Adjournment Motion to adjourn by Ron and Seconded by Delany. CARRIED. The meeting adjourned at 5:36pm.

1

Elgin Area Primary Water Supply System

Report

The 2nd Meeting of the Elgin Area Primary Water Supply System Joint Board of Management March 5, 2020 Attendance: Meeting held on Thursday, March 5, 2020 at the London City

Hall, commencing at 11:00 AM. PRESENT: M. van Holst (Chair), P. Barbour, D. Crevits, S. Hillier, R. Monteith and E. Peloza and J. Bunn (Committee Clerk) ALSO PRESENT: S. Flanagan (OCWA), D. Gibson (OCWA), B. Haklander (RWS), A. Henry, E. McLeod (RWS), L. McVittie (RWS), C. Murchland (OCWA), B. Tully (OCWA), J. Walker (RWS)

1. Call to Order

1.1 Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2. Adoption of Minutes

2.1 Minutes of the 1st Meeting held on Thursday, December 5, 2019

MONTEITH AND HILLIER

That the minutes of the 1st meeting of the Elgin Area Primary Water Supply System Joint Board of Management, from the meeting held on December 5, 2019, BE NOTED AND FILED. CARRIED

Motion Passed

3. Consent Items

3.1 Quarterly Compliance Report (4th Quarter 2019: October - December)

PELOZA AND HILLIER

That, on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to the general, regulatory and contractual obligations of the Elgin Area Primary Water Supply System, for October to December 2019, BE RECEIVED. CARRIED

3

2

Motion Passed

3.2 Environmental Management System and Quality Management System

PELOZA AND HILLER

That, on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to the Environmental Management System and Quality Management System for the Elgin Area Primary Water Supply System, BE RECEIVED. CARRIED

Motion Passed

3.3 Quarterly Operating Financial Status Report - 4th Quarter 2019

PELOZA AND HILLIER

That, on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to the Quarterly Operating Financial Status of the Elgin Area Water Supply System, BE RECEIVED. CARRIED

Motion Passed

3.4 Capital Status Report

PELOZA AND HILLIER

That, on the recommendation of the Chief Administrative Officer, the following actions be taken with respect to Elgin Area Primary Water Supply System capital projects:

a) the revised attached report, dated March 5, 2020, with respect to this matter BE RECEIVED;

b) projects EA4126 Filter Room HVAC Modifications, EA4145 Fluoride System Assessment, EA4174 Lighting Motion Sensors (RMF) and EA4182 LLP#3 Repair BE CLOSED, with the surplus finds in the approximate amount of $34,793 released to the Board’s Reserve Fund;

c) project EA2180 Elgin Terminal Reservoir Emergency Repairs BE CLOSED, with additional funds in the approximate amount of $73,645 being drawn from the Emergency Reserve Fund; and,

4

3

d) project EA4133 Coagulation Optimization Study BE CLOSED, with additional funds in the approximate amount of $9.00 being drawn from the Asset Replacement Reserve Fund. CARRIED

Motion Passed

3.5 Municipal Act- Board Structure

PELOZA AND HILLIER

That, on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to the Municipal Act and Board Structure, BE RECEIVED. CARRIED

Motion Passed

4. Items for Discussion

4.1 EA2172 Terminal Reservoir Isolation Valve Replacement

BARBOUR AND HILLIER

That, on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to project EA2172 Terminal Reservoir Isolation Valve Replacement, BE RECEIVED. CARRIED

Motion Passed

4.2 Residuals Management Facility

BARBOUR AND HILLIER

That on the recommendation of the Chief Administrative Officer, the report dated March 5, 2020, with respect to the status of the Elgin Residuals Management Facility project at the Elgin Area Water Treatment Plant, BE RECEIVED. CARRIED

Motion Passed

4.3 Performance Incentive - Operations and Maintenance Agreement

That, on the recommendation of the Chief Administrative Officer, the following actions be taken with respect to the Incentive Payment, pursuant

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4

to Article 7.2(b) of the Operations and Maintenance Agreement with the Ontario Clean Water Agency (OCWA):

a) the payment of a portion of the Incentive Payment to a charitable organization, as directed by OCWA on behalf of its retained employees at the Board’s facilities BE APPROVED, in principle; and,

b) the Civic Administration BE DIRECTED to seek a legal opinion from the Board’s solicitor on the applicability of the payment and to provide guidance as appropriate. CARRIED

Motion Passed

5. Deferred Matters/Additional Business

None.

6. Confidential

PELOZA AND HILLIER

That the Elgin Area Primary Water Supply System Joint Board of Management convene, In Closed Session, for the purpose of considering the following:

6.1. Security of Property

A matter pertaining to the security of the property of the municipality or local board.

6.2. (ADDED) Labour Relations

A matter pertaining to personal matters about an identifiable individual, including municipal or local board employees.

Motion Passed

The Elgin Area Primary Water Supply System Joint Board of Management convened, In Closed Session, from 11:48 AM to 12:34 PM.

6.1 Security of Property

6.2 (ADDED) Labour Relations

7. Next Meeting Date

June 4, 2020

8. Adjournment

The meeting adjourned at 12:36 PM.

6

P a g e 1 | 2

TO: Mayor and Members of Council

FROM: Joe McMillan, Treasurer

DATE: June 10, 2020

SUBJECT: Grant Updates FOR INFORMATION: The purpose of this report is to provide an update on recent grant opportunities and applications.

Main Street Revitalization

The Main Street Revitalization Initiative was introduced in 2018. The approved project for this initiative is the installation of an electronic sign beside the municipal office at 199 Currie Road, Dutton. The project is now complete.

Rural Economic Development (RED)

An application to the RED program was submitted on February 24, 2020. The project submitted was for the rehabilitation of 199 Currie Road including the front entrance, window replacement, and flooring repairs. The Rural Programs Branch of the Ministry of Agriculture, Food and Rural Affairs notified the Municipality May 29, 2020 that the project would not be funded. The notice of declined funding is attached to this report.

Investing in Canadian Infrastructure Program (ICIP): Rural and Northern Stream

On August 8, 2019, MPP for Elgin-Middlesex-London MPP Karen Vecchio announced that the ICIP application submitted by the Municipality of Dutton Dunwich for the Ash Line Culvert Project has been approved by the Province of Ontario. Federal approval for the project was announced March 18, 2020. A Transfer Payment Agreement, which is attached to the report, must be signed to formalize the funding agreement.

Total funding for the project is anticipated to be $1,117,846.

Investing in Canadian Infrastructure Program (ICIP): Green Stream

An application to fund the expansion of the wastewater treatment plan was submitted to the ICIP: Green Stream prior to the deadline on January 22, 2020. Dillon Consulting aided in the application process by completing the technical schedule and providing an estimated project cost.

The estimated cost of the project is as follows:

Plant Upgrades 1,700,000$ Engineering 515,000$ Contingency 510,000$

Total Cost 2,725,000$

P a g e 2 | 2

The funding distribution is as follows:

Based on program guidelines, a provincial decision is anticipated by winter 2020, while a federal decision is anticipated by spring 2021.

Investing in Canadian Infrastructure Program (ICIP): Recreation and Culture Stream

An application to fund the Dutton Dunwich Community Pool Rehabilitation was submitted December 10, 2019. This project will:

- Improve pool safety by replacing existing ladders with stainless steel, and installing a new safety cover

- Ensure sustainability and functionality of pool by replacing plumbing lines which are starting to fail

- Improve accessibility to the pool by altering the entrance from pool building to the pool area

The estimated project cost is $156,981.25 of which $115,114 will be funded by ICIP if successful.

Based on program guidelines, a provincial decision is anticipated by summer 2020, while a federal decision is anticipated by winter 2021.

Celebrate Canada

Canadian Heritage has approved the application for funding of Canada Day Celebrations 2020 in the amount of $6,000. Due to delays/cancellations resulting from the pandemic, the funds are eligible for expenditures up to March 31, 2020. Staff has notified Canadian Heritage that the majority of the expenditures are tentatively scheduled for Family Day, February 15, 2021.

New Horizons for Seniors

As announced in February 2020, the application for the Just Older Youth (JOY) Program which is a monthly program that will include a catered meal, education session and entertainment, was successful. Due to the pandemic, an extension has been granted until March 2022.

Respectfully Submitted

Joe McMillan, CPA, CGA Treasurer/Deputy Clerk

Federal 40% 1,090,000$ Provincial 33.33% 908,243$ Municipal 26.67% 726,758$

Total 2,725,000$

Ministry of Agriculture, Food and Rural Affairs

Ministère de l’Agriculture, de l’Alimentation et des Affaires rurales

4th Floor 1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: 1-877-424-1300 Email: RED@ontario.ca

4e étage 1 Stone Road West Guelph (Ontario) N1G 4Y2 Tél.: 1-877-424-1300 Courriel: RED@ontario.ca

Rural Programs Branch May 29, 2020 File Number: RED5-09247

Email: jmcmillan@duttondunwich.on.ca Joe McMillan, Treasurer/Deputy Clerk Municipality of Dutton Dunwich 199 Currie Road, P.O. Box 329 Dutton, ON N0L 1J0 Dear Joe McMillan: Thank you for submitting your application entitled “Cultural Centre (Theatre) Rehabilitation” to the Rural Economic Development program. Funding decisions are based on the merits of each individual application using the program assessment criteria. Only those projects with the highest alignment to the program outcomes are approved for funding. I regret to inform you that your application will not be funded under the Rural Economic Development program. Should you have any questions or require additional information, please do not hesitate to contact OMAFRA at red@ontario.ca or 1-877-424-1300. Please visit www.Ontario.ca/redprogram for Rural Economic Development program information and updates. Sincerely, Original Signed By

Jane Widdecombe, Manager Agriculture and Rural Programs

Case #2019-03-1-1296843727

Dutton-Dunwich and Ontario ICIP RNS TPA Page 1 of 59

TRANSFER PAYMENT AGREEMENT

FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): RURAL AND NORTHERN STREAM

THIS TRANSFER PAYMENT AGREEMENT for an Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream Project (the “Agreement”) is effective as of the Effective Date. B E T W E E N:

Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Agriculture, Food and Rural Affairs

(“Ontario” or the “Province”)

- and - Municipality Of Dutton/dunwich Otherwise known as The Corporation of the Municipality of Dutton Dunwich (CRA#870786936)

(the “Recipient”) BACKGROUND The Investing in Canada Infrastructure Program (“ICIP”) is a federal infrastructure program designed to create long-term economic growth, build inclusive, sustainable and resilient communities, and support a low-carbon economy. The Government of Canada (“Canada”) announced, in its Budget 2016 and Budget 2017, over $180 billion for the ICIP to support sustainable and inclusive communities, while driving economic growth. The federal Minister of Infrastructure, Communities and Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for Canada to provide financial support to the Province. Under the Bilateral Agreement, Canada agreed, amongst other things, to provide contribution funding to the Province under the rural and northern communities infrastructure funding stream of ICIP. This stream supports projects that improve the quality of life in rural and northern

Case #2019-03-1-1296843727

Dutton-Dunwich and Ontario ICIP RNS TPA Page 2 of 59

communities by responding to their specific needs. Also, under the Bilateral Agreement, Ontario agrees to identify projects and be responsible for the transfer of ICIP and provincial funds to eligible recipients pursuant to transfer payment agreements. The Recipient has applied to the Province for ICIP funds to assist the Recipient in carrying out a rural and northern stream project. The Province has submitted to Canada for approval and the Province and Canada have approved, in accordance with the terms and conditions set out in the Bilateral Agreement, the Project as defined in Schedule “C”. The Agreement sets out the terms and conditions upon which ICIP funds, up to the Maximum Funds, will be provided to the Recipient for carrying out the Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules and their sub-schedules, if any,

form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Specific Information Schedule “C” - Project Description, Financial Information, Timelines and Project Standards Schedule “D” - Reports Schedule “E” - Eligible Expenditures and Ineligible Expenditures Schedule “F” - Evaluation Schedule “G” - Communications Protocol Schedule “H” - Disposal of Assets Schedule “I” - Aboriginal Consultation Protocol Schedule “J” - Requests for Payment and Payment Procedures Schedule “K” - Committee

1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties in respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements.

Case #2019-03-1-1296843727

Dutton-Dunwich and Ontario ICIP RNS TPA Page 3 of 59

2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of

the requirements of:

(a) the Bilateral Agreement and the Agreement, the Bilateral Agreement will prevail to the extent of the conflict or inconsistency;

(b) the main body of the Agreement and any of the requirements of a schedule or a sub-schedule, the main body of the Agreement will prevail to the extent of the conflict or inconsistency;

(b) Schedule “A” (General Terms and Conditions) and any of the requirements of

another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the conflict or inconsistency;

(c) a schedule and any of the requirements of a sub-schedule, the schedule will

prevail to the extent of the conflict or inconsistency; or (d) The Agreement and the Rural and Northern Communities Funding Stream Ontario

Program Guidelines of March 2019 (“the Guidelines”), the Agreement will prevail. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The 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.

4.0 AMENDING THE AGREEMENT AND AGREEMENT REVIEW 4.1 Amending the Agreement. Subject to sections C.5.3 (Amending the Agreement for

Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) and D.2.2 (Amending the Agreement for Minor Changes to the Reporting), the Agreement may only be amended by a written agreement duly executed by the representatives of the Parties listed on the signature page below.

4.2 Agreement Review. If, pursuant to section 25.10 (Review of Agreement) of the Bilateral

Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and in a manner that is consistent with such changes.

Case #2019-03-1-1296843727

Dutton-Dunwich and Ontario ICIP RNS TPA Page 4 of 59

5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement from Recipient. The Recipient acknowledges, in respect of the

Project, that:

(a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada;

(b) the Province and Canada are not responsible for carrying out the Project; (c) the Province’s and Canada’s role in respect of the Project is limited to making a

financial contribution to the Recipient for the Project, and the Province and Canada are not involved in the Project or its operation;

(d) the Province and Canada are neither decision-makers nor administrators in

respect of the Project;

(e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act;

(f) Canada is bound by the Access to Information Act (Canada) and any information

provided to Canada by either the Province or the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act;

(g) the Recipient has read and understood the Bilateral Agreement;

(h) changes to the Project will require the Province’s and Canada’s approval, which may be subject to the terms and conditions of the Bilateral Agreement;

(i) entering into of the 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 the Agreement; and

(j) that complete, diligent and timely implementation of this Agreement within the funding limits and deadlines specified herein is imperative.

5.2 Acknowledgement from Province. The Province acknowledges that the Recipient

may be bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act.

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6.0 CANADA’S RIGHTS AND INFORMATION SHARING WITH CANADA 6.1 Third Party Beneficiary. The Recipient agrees that, although the Agreement is

between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities, and benefits (together referred to as “Rights”) undertaken or given to Canada in the Agreement, a third party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement.

6.2 Sharing of Information with the Province and Canada. The Recipient agrees that,

consistent with section 6.1 (Third Party Beneficiary) and for the implementation of the Bilateral Agreement:

(a) the Province or Canada, or both, and in respect of Canada either directly or

through the Province, may, upon Notice to the Recipient, request additional information from the Recipient including, without limitation, information for any determination under Article A.27.0 (Environmental Requirements and Assessments) and Article A.28.0 (Aboriginal Consultation);

(b) if the Province or Canada, or both, provide the Recipient with Notice under paragraph 6.2(a), the Recipient will, within the timelines set out in the Notice, deliver the information to either the Province or Canada, or both, as required; and

(c) the Province or Canada, or both, may share any information received from the

Recipient pursuant to the Agreement with each other.

[SIGNATURE PAGE FOLLOWS]

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The Parties have executed the Agreement on the dates set out below.

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Agriculture, Food and Rural Affairs

_________________ ____________________________________ Date Name: Ernie Hardeman

Title: Minister of Agriculture, Food and Rural Affairs Municipality Of Dutton/dunwich

_________________ ____________________________________ Date Name:

Title: I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Title:

I have authority to bind the Recipient.

[SCHEDULE “A” – GENERAL TERMS AND CONDITIONS FOLLOWS]

AFFIX CORPORATE 

SEAL

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SCHEDULE “A” GENERAL TERMS AND CONDITIONS

A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 Interpretation. For the purposes of interpretation:

(a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders;

(c) the background and headings do not form part of the Agreement; they are for

information and reference only and will not affect the interpretation of the Agreement;

(d) any reference to dollars or currency will be in Canadian dollars and currency;

(e) all accounting terms not otherwise defined in the Agreement have their ordinary

meanings; and

(f) “include”, “includes”, and “including” denote that the subsequent list is not exhaustive.

A.1.2 Definitions. In the Agreement, the following terms have the following meanings:

“Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions). “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules and Sub-schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement).

“Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated, or improved, in whole or in part, with any of the Funds. “Authorities” means any government authority, agency, body or department having or claiming jurisdiction over the Agreement or the Project, or both.

“Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018. “Business Day” means any working day the Province is open for business, 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;

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Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is not open for business. “Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Committee” refers to a Committee established pursuant to section A.29.1 (Establishment of Committee). “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of the Project in return for financial consideration. “Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of the Project that the Recipient has incurred and paid and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures).

“Environmental Laws” means all applicable governmental, regulations, by-laws, orders, rules, policies, or guidelines respecting the protection of the natural environment or the public, and the manufacture, importation, handling, transportation, storage, disposal, and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada), Fisheries Act (Canada), and Navigation Protection Act (Canada). “Evaluation” means an evaluation in respect of the Project or the ICIP as described in Article F.1.0 (Project and ICIP Evaluations). “Event of Default” has the meaning ascribed to it in section A.12.1 (Events of Default). “Expiry Date” means the expiry date set out in Schedule “B” (Specific Information). “Federal Approval Date” means the date on which Canada has approved the Project

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identified in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “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 or the Expiry Date, whichever comes first.

“Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback). “ICIP” means the Investing in Canada Infrastructure Program, a federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her Majesty the Queen in right of Canada, and includes their respective ministers, officers, servants, agents, appointees and employees. “Ineligible Expenditures” means the costs that are ineligible for payment under the terms and conditions of the Agreement, and that are described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert, and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Maximum Funds” means the maximum Funds amount set out Schedule “B” (Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or

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agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Project” means the undertaking described in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Records Review” means any assessment the Province conducts pursuant to

section A.7.4 (Records Review). “Remedial Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.12.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying). “Reports” means the reports described in Schedule “D” (Reports). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities, and includes the Environmental Laws. “Substantial Completion” or “Substantially Completed” means that the Project can be used for the purpose for which it was intended. “Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. “Timelines” means the Project schedule described in Schedule “C” (Project Description, Financial Information, Timelines and Project Standards).

“Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in-kind contributions.

A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of the

Project:

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(a) it has, and will continue to have, the experience and expertise necessary to carry

out the Project;

(b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both;

(c) unless otherwise provided for in the Agreement, any information the Recipient

provided to the Province in support of its request for Funds (including, without limitation, any information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete;

(d) the Project will be situated within, and will be for the direct benefit of, rural and or

northern community with a population of 100,000 people or less based on 2016 Statistics Canada Census Data;

(e) the Project meets and will continue to meet all of the program’s eligibility criteria,

construction conditions and the Recipient will abide by all of the Province’s and Canada’s respective requirements set out in the Guidelines, including the financial, contractual and reporting requirements; and

(f) any Funds received have not displaced, and will continue to not displace, the

Recipient’s own funding and spending on public transit.

A.2.2 Execution of Agreement. The Recipient represents and warrants that it has:

(a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, in a

manner that is satisfactory to the Province. A.2.3 Governance. The Recipient represents, warrants, and covenants that it has, will

maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively;

(b) procedures to enable the Recipient to complete the Project successfully;

(c) procedures to enable the Recipient to identify risks to the completion of the

Project and strategies to address the identified risks, all in a timely manner;

(d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and

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(e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement.

A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the

Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants).

A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION A.3.1 Term. The term of the Agreement will commence on the Effective Date and will expire

on the Expiry Date, unless it is extended by a written agreement pursuant to section 4.1 or terminated earlier pursuant to Article A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default).

A.3.2 Substantial Completion. The Recipient will ensure that the Project is Substantially

Completed on or before October 31, 2026. A.4.0 FUNDS AND CARRYING OUT THE PROJECT

A.4.1 Funds Provided. Subject to the terms and conditions of this Agreement and only after

the Effective Date, the Province will: (a) provide the Recipient funding up to the Maximum Funds for the sole purpose of

carrying out the Project;

(b) provide the Funds to the Recipient in accordance with Schedule “J” (Requests for Payment and Payment Procedures); and

(c) deposit the Funds into an account the Recipient designates, provided that the

account:

(i) is at a branch of a Canadian financial institution in Ontario; and

(ii) is solely in the name of the Recipient.

A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided):

(a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions

listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with

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the progress of the Project;

(b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and

(c) any payment of Funds is subject to:

(i) the requirements of the Financial Administration Act (Ontario), including the

availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment;

(ii) federal and provincial ministerial funding levels in respect of transfer

payments, the program under which the Agreement was made, or otherwise that are sufficient; and

(iii) Canada’s payment of funds to the Province, pursuant to the Bilateral

Agreement, that are sufficient for the payment. The Province may reduce the amount of Funds or terminate the Agreement in response to a reduction or absence of an appropriation federally or provincially, reduction to ministerial funding levels, or Canada’s failure to make payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or termination of Funds. If any changes to the Agreement are required as a result, the Parties agree to amend the Agreement accordingly.

A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of the

Project, do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project;

(c) spend the Funds only on Eligible Expenditures that are necessary to carry out the

Project on and after the Federal Approval Date; (d) not use the Funds to cover any Ineligible Expenditure; and

(e) not use the Funds to cover any Eligible Expenditure that has or will be funded or

reimbursed by one or more of any third party, or ministry, department, agency, or organization of the Government of Ontario or of the Government of Canada.

A.4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s

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immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account solely in the name of the Recipient at a branch of a Canadian financial institution in Ontario.

A.4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either

or both of the following: (a) deduct an amount equal to the interest from the Funds;

(b) demand from the Recipient the payment of an amount equal to the Interest

Earned.

A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that:

(a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds;

(b) if Canada’s total contribution from all federal sources in respect of the Project

exceeds sixty percent of Total Eligible Expenditures (as identified in Schedule “C”), the Province or Canada may demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or Province or Canada may reduce their respective contributions under the Agreement by an amount equal to the excess; and

(c) if the Total Financial Assistance received in respect of any Project exceeds the

one-hundred percent (100%) of Total Eligible Expenditures, the Province may, up to the Maximum Funds, demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province may reduce its contribution under the Agreement by an amount equal to the excess.

A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province

promptly of any financial assistance received in respect of the Project. A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of the Project, calculate

Funds based on the actual costs to the Recipient to carry out the Project, less any costs for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund.

A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in

respect of the Project, assume full responsibility for the Project, including, without limitation:

(a) complete, diligent, and timely Project implementation within the costs and

timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement;

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(b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any;

(c) subsequent operation, maintenance, repair, rehabilitation, construction,

demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and

(d) the engineering work being undertaken in accordance with industry standards.

A.4.10 Increase in Project Costs. If, at any time during the Term the Recipient determines

that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying).

A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees

to submit its requests for payment in accordance with the payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures).

A.4.12 Retention of Contribution. The Province will retain a maximum of 10% of the

provincial funding in respect of the Project (“Holdback”) up until the Recipient has fulfilled all of its obligations under the Agreement for the Project.

A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS

A.5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will

do so through a process that:

(a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to the Province and Canada; and

(b) if applicable, is in accordance with the Canadian Free Trade Agreement and

international agreements.

A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure.

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A.5.3 Exemptions to Competitive Awarding. The Province and Canada may consent to

the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, in their sole and absolute discretion, if the Recipient provides a written request indicating the business case rationale for the exemption, in advance of the Contract being awarded to the satisfaction of Canada and the Province.

A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with

and incorporate the relevant provisions of the Agreement, including its insurance provisions. More specifically, but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure:

(a) that proper and accurate accounts and records are kept and maintained as

described in the Agreement including, but not limited to, in paragraph A.7.3(a);

(b) that all applicable Requirements of Law including, without limitation, labour and human rights legislation, are complied with; and

(c) that the Contract secures the respective rights of the Province and Canada, and

any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to: (i) inspect and audit the terms of any Contract, record or account in respect of

the Project; and (ii) have free and timely access to the Project sites and facilities, and any

records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal).

A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and

conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset during the Asset Disposal Period.

A.6.0 CONFLICT OF INTEREST A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of

Interest), a conflict of interest includes any circumstances where: (a) 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 by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of the Project or the use of the Funds, or both; or

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(b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or codes.

A.6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds

without an actual, potential, or perceived conflict of interest unless:

(a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential,

or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual,

potential, or perceived conflict of interest;

(b) the Province consents in writing to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and

(c) the Recipient complies with any terms and conditions the Province may prescribe in its consent.

A.7.0 REPORTING, ACCOUNTING, AND REVIEW A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review),

A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify.

A.7.2 Preparation and Submission. The Recipient will:

(a) submit to the Province at the address referred to in section A.15.1 (Notice in

Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements

provided for in Schedule “D” (Reports); and (ii) any other reports in accordance with any timelines and content

requirements the Province may specify from time to time; and

(b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient.

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A.7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven

years after the Expiry Date:

(a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; and

(b) all non-financial records and documents relating to the Funds or otherwise to the

Project.

A.7.4 Records Review. The Province may, at its own expense, upon 24 hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following:

(a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds.

A.7.5 Inspection and Removal. For the purposes of any Records Review, the Province

may take one or more of the following actions:

(a) inspect and copy any records or documents referred to in section A.7.3 (Record Maintenance);

(b) remove any copies the Province makes pursuant to section A.7.5(a); and

(c) share any documents, records and findings with Canada.

A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section

A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by:

(a) ensuring that the Province has access to the records and documents wherever they are located;

(b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents;

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(d) providing to the Province, in the form the Province specifies, any information the Province identifies; and

(e) carrying out any other activities the Province requests.

A.7.7 No Control of Records. No provision of the Agreement will be construed so as to

give the Province or Canada, or both, any control whatsoever over the Recipient’s records.

A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario) and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada).

A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada

and the Province may:

(a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and

(b) share the findings of any audit or investigation, including any ensuing report, with

each other and any of their respective authorized representatives and auditors. A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the

requirements for such Evaluation that are set out in Schedule “F” (Evaluation). A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to

be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any successor institute, applied on a consistent basis.

A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact

or event of which it is aware that has or will compromise, wholly or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and

conditions of the communications protocol provided for in Schedule “G” (Communications Protocol).

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A.9.0 LIMITATION OF LIABILITY AND INDEMNITY A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified

Parties be held liable for any damages, including direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for:

(a) any injury to any Person, including, but not limited to, death, economic loss, or

infringement of rights;

(b) any damage to or loss or destruction of property of, any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising

from a loan, capital lease, or other long-term obligation in relation to the Agreement, the Bilateral Agreement, or the Project.

A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold

harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by:

(a) any injury to any Person, including, but not limited to, death, economic loss, or

any infringement of rights;

(b) any damage to, or loss or destruction of, property of any Person; or

(c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation,

except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties.

A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement.

A.9.4 Province’s Election. The Province or Canada, or both, 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 under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in equity. If the Province, Canada, or the Recipient, as applicable, participates in the defence, it will do so by actively participating with the other’s counsel.

A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any

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Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations.

A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any

Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations.

A.10.0 INSURANCE A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it

has, and will maintain at its own cost and expense for a period extending at least 90 Business Days beyond the Term, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the 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 $2,000,000.00 per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds in respect of liability arising in the

course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement;

(b) a cross-liability clause;

(c) contractual liability coverage; and

(d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. At the Province’s request, the Recipient will:

(a) provide to the Province, either:

(i) annually, certificates of insurance that confirm the insurance coverage as provided in section A.10.1 (Recipient’s Insurance); or

(ii) other proof that confirms the insurance coverage as provided for in section

A.10.1 (Recipient’s Insurance); and

(b) at the Province’s request, the Recipient will provide to the Province a copy of any

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of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both.

A.11.0 TERMINATION ON NOTICE A.11.1 Termination on Notice. The Province may terminate the Agreement at any time

without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient.

A.11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) Direct the Recipient not to incur any costs for the Project without the Province’s

prior written consent;

(b) cancel all further instalments of Funds;

(c) demand the payment of any Funds plus Interest Earned remaining in the possession or under the control of the Recipient; and

(d) Subject to the limits of the Bilateral Agreement, 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 the Recipient owes pursuant to paragraph A.11.2(c); and

(ii) subject to paragraph A.4.1(a), provide Funds to the Recipient to cover such

costs. A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR

DEFAULT A.12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the

Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement:

(a) carry out the Project in whole or in part; (b) use or spend Funds; or (c) provide, in accordance with section A.7.2 (Preparation and Submission), Reports

or such other reports as the Province may have requested pursuant to paragraph A.7.2(b).

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A.12.2 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 or to discontinue the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default;

(c) suspend the payment of Funds for such period as the Province determines

appropriate; (d) reduce the amount of the Funds;

(e) cancel all further instalments of Funds;

(f) demand from the Recipient the payment of any Funds remaining in the

possession or under the control of the Recipient plus Interest Earned;

(g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used plus Interest Earned, but did not use in accordance with the Agreement;

(h) demand from the Recipient the repayment of an amount equal to any Funds the

Province provided to the Recipient plus Interest Earned; (i) demand from the Recipient an amount equal to the costs the Province incurred or

incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and

(j) terminate the Agreement at any time, including immediately, without liability,

penalty, or costs to the Province upon giving Notice to the Recipient. A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), 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 Remedial Period.

A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity

to remedy the Event of Default pursuant to paragraph A.12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Remedial Period;

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(b) it becomes apparent to the Province that the Recipient cannot completely remedy

the Event of Default within the Remedial Period; or

(c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province,

the Province may extend the Remedial Period or initiate any one or more of the actions provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).

A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice.

A.13.0 FUNDS UPON EXPIRY A.13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the

Province any Funds plus Interest Earned remaining in its possession, under its control, or both.

A.14.0 DEBT DUE AND PAYMENT A.14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of

the amount the Recipient is entitled to under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds plus Interest Earned from any

further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess

Funds plus Interest Earned. A.14.2 Debt Due. If, pursuant to the Agreement:

(a) the Province demands from the Recipient the payment of any Funds, an amount

equal to any Funds, or any other amounts under the Agreement; or

(b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts under the Agreement, whether or not the Province has demanded their payment,

such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.

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A.14.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable.

A.14.4 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 set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province.

A.14.5 Failure to Repay. Without limiting the application of section 43 of the Financial

Administration Act (Ontario), if the Recipient fails to pay any amount owing under the 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.

A.14.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social, health or economic programs or the provision of direct or indirect support to members of the public in connection with social, health or economic policy.

A.15.0 NOTICE A.15.1 Notice in Writing and Addressed. Notice will be:

(a) in writing;

(b) delivered by email, postage-prepaid mail, personal delivery, or courier; and

(c) addressed to the Province and the Recipient as set out in Schedule “B” (Specific Information), or as either Party later designates to the other by Notice.

A.15.2 Notice Given. Notice will be deemed to have been given:

(a) in the case of postage-prepaid mail, five Business Days after the Notice is

delivered; and (b) in the case of email, personal delivery, or courier, on the date on which the Notice

is delivered. A.15.3 Postal Disruption. Despite paragraph A.15.2(a), in the event of a postal disruption:

(a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery, or courier.

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A.16.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT A.16.1 Consent. When the Province or Canada provides its consent pursuant to the

Agreement:

(a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any

terms and conditions the Province or Canada may have attached to the consent. A.17.0 SEVERABILITY OF PROVISIONS A.17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of

any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement.

A.18.0 WAIVER A.18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an

obligation under the Agreement. A.18.2 Waiver Applies. If in response to a request made pursuant to section A.18.1 (Waiver

Request) a Party consents to a waiver, the waiver will:

(a) be valid only if the Party that consents to the waiver provides the consent by Notice; and

(b) apply only to the specific obligation referred to in the waiver.

A.18.3 Waivers in Writing. If a Party fails to comply with any term of the 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 A.15.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply.

A.19.0 INDEPENDENT PARTIES A.19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or

employee of either the Province or Canada, 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.

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A.19.2 No Authority to Represent. Nothing in the Agreement is to be construed as

authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and a Third Party contains a provision to that effect.

A.20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.20.1 No Assignment. The Recipient will not, without the prior written consent of the

Province, assign any of its rights or obligations under the Agreement. A.20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend

to and be binding on:

(a) the Recipient’s successors and permitted assigns; and

(b) the successors to Her Majesty the Queen in right of Ontario. A.21.0 GOVERNING LAW A.21.1 Governing Law. The 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 the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.

A.22.0 FURTHER ASSURANCES A.22.1 Agreement into Effect. The Recipient will:

(a) provide such further assurances as the Province may request from time to time in respect to any matter to which the Agreement pertains; and

(b) do or cause to be done all acts or things necessary to implement and carry into

effect the terms and conditions of the Agreement to their full extent. A.23.0 JOINT AND SEVERAL LIABILITY A.23.1 Joint and Several Liability. Where the Recipient is comprised of more than one

entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement.

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A.24.0 RIGHTS AND REMEDIES CUMULATIVE & JOINT AUTHORSHIP A.24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under

the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.

A.24.2 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.

A.25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A.25.1 Other Agreements. If the Recipient:

(a) has failed to comply with any term, condition, or obligation under any other

agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (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,

the Province may suspend the payment of Funds for such period as the Province determines appropriate and may deduct amounts owing as a result of such Failure from the funds owing under this Agreement.

A.26.0 SURVIVAL A.26.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond

the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving provisions include, without limitation, the following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub-schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.1 (Acknowledgement from Recipient), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A.2.1(a), A.4.2(c), sections A.4.4 (Interest-Bearing Account), A.4.5

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(Interest), A.4.6 (Maximum Funds and Recovery of Excesses), A.4.8 (Rebates, Credits, and Refunds), A.4.9 (Recipient’s Acknowledgement of Responsibility for Project), A.5.5 (Disposal of Assets), A.7.1 (Province and Canada Include), A.7.2 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h) and (i), A.13.0 (Funds Upon Expiry), A.14.0 (Debt Due and Payment), A.15.0 (Notice), and A.17.0 (Severability of Provisions), section A.20.2 (Agreement Binding), and Articles A.21.0 (Governing Law), A.23.0 (Joint and Several Liability), A.24.0 (Rights and Remedies Cumulative), A.26.0 (Survival), A.27.0 (Environmental Requirements and Assessments), A.28.0 (Aboriginal Consultation), and A.31.0 (Special Conditions).

A.27.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS A.27.1 Federal Environmental Requirements. Without limitation to the Recipient’s

obligations to comply with Environmental Laws and for greater clarity:

(a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and

(b) the Province will have no obligation to pay any Eligible Expenditures that are

capital costs, as determined by the Province, until Canada is satisfied that federal requirements are met, and continue to be met, under the following:

(i) Canadian Environmental Assessment Act, 2012;

(ii) other applicable environmental assessment legislation that is or may come

into force during the term of the Agreement; and

(iii) other applicable agreements between Canada and Aboriginal Communities. A.28.0 ABORIGINAL CONSULTATION

A.28.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and

conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol).

A.28.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that

any legal duty to consult and, where appropriate, to accommodate Aboriginal

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Communities, or any other federal consultation requirement, has been, and continues to be met:

(a) no site preparation, removal of vegetation or construction will occur in respect of

the Project; and (b) despite section A.4.1, the Province has no obligation to pay any Eligible

Expenditures that are capital costs, as determined by the Province and Canada; and, for the Project requiring consultation, Canada and, if applicable, the Province must be satisfied that:

(i) Aboriginal Communities have been notified and, if applicable, consulted;

(ii) where consultation has occurred, the Recipient has provided a summary of

consultation or engagement activities, including a list of Aboriginal Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not;

(iii) the Recipient is carrying out accommodation measures, where appropriate;

and

(iv) any other information has been provided which Canada or the Province, or both, may deem appropriate.

A.28.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No

Funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community with an interest in the Project.

A.29.0 COMMITTEE A.29.1 Establishment of Committee. The Province may, at its sole discretion, require the

establishment of a committee to oversee the Agreement (the “Committee”). A.29.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties

will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.29.1 (Establishment of Committee).

A.30.0 DISPUTE RESOLUTION A.30.1 Contentious Issues. The Parties will keep each other informed of any issues that

could be contentious.

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A.30.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.29.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for examination. In the absence of a Committee, the Parties will examine the contentious issue.

A.30.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the

case may be, will attempt, reasonably and in good faith, to resolve disputes as soon as possible and, in any event, within, for the Committee, 30 days, or, for the Parties, 90 days of receiving Notice of a contentious issue.

A.30.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution,

the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice.

A.30.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree

on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue.

A.30.6 Suspension of Payments. The Province may suspend any payments related to any

contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution.

A.31.0 SPECIAL CONDITIONS

A.31.1 Special Conditions. The Province’s funding under the Agreement is conditional upon,

(a) on or before the Effective Date, the Recipient having provided the Province with:

(i) a copy of the by-law(s), council resolution(s) or both or any other necessary

instrument applicable to the Recipient authorizing its entry into the Agreement;

(ii) the certificates of insurance or any other proof the Province may request

pursuant to section A.10.2 (Proof of Insurance); (iii) banking information, such as a void cheque or a bank letter, for an interest-

bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and

(iv) any other Reports requested by the Province in the format specified.

(b) prior to submitting a request for payment in respect of the Project under the Agreement,

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(i) the Recipient having provided the Province with written confirmation that:

a. the Recipient is in compliance with all Environmental Laws, including the Recipient’s obligations under section A.27.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits;

b. the Recipient has met any requirements under Article A.28.0 (Aboriginal Consultation) that may apply to the Project; and

c. the Recipient has title to and ownership of any real property necessary for the completion of the Project; and

(ii) the Recipient having provided the Province with any required assessments

pursuant to Article A.27.0 (Environmental Requirements and Assessments); and

(c) the Recipient having submitted, in a form and at an address supplied by the

Province, an asset management self-assessment on or before the Effective Date, and, thereafter, on or before February 1 in each of the years 2021, 2023 and 2024, unless the Project have reached Substantial Completion before such date.

For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.31.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.12.2 (Consequences of Event of Default and Corrective Action).

[SCHEDULE “B” – SPECIFIC INFORMATION FOLLOWS]

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SCHEDULE “B” SPECIFIC INFORMATION

B.1.0 EXPIRATION DATE B.1.1 Expiration date. The Expiration Date is March 31, 2028. B.2.0 MAXIMUM FUNDS B.2.1 Maximum Funds. Maximum Funds means the sum of Canada’s Maximum Contribution

and Ontario’s Maximum Contribution. B.3.0 ONTARIO’S MAXIMUM CONTRIBUTION B.3.1 Ontario’s Maximum Contribution. Ontario’s Maximum Contribution means

$399,205.08, rounded to two decimal places. B.4.0 CANADA’S MAXIMUM CONTRIBUTION B.4.1 Canada’s Maximum Contribution. Canada’s Maximum Contribution means

$718,641.00, rounded to two decimal places. B.5.0 ADDRESSEES B.5.1 Addressees. All Reports and Notices under the Agreement will be submitted to the

Province at the address listed below: Contact information for the purposes of Notice to the Province

Address: Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal

Programs Email: ICIPRural@ontario.ca

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Contact information for the purposes of Notice to the Recipient

Address: Municipality of Dutton Dunwich

199 Currie Road, PO Box 329 Dutton, Ontario N0L 1J0 Attention: Joe McMillan, Treasurer/Deputy Clerk

Email: jmcmillan@duttondunwich.on.ca

[SCHEDULE “C” - PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS FOLLOWS]

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SCHEDULE “C” PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT

STANDARDS C.1.0 PROJECT DESCRIPTION

This Project is for the rehabilitation of approximately 800m of Ash Line involving the replacement of two culverts and the installation of a new culvert with an approximate 4.2m - 6.0m span. Existing pipes and headwalls will be removed, and fill will be installed on existing roadway and slopes to raise the road height by approximately 3m. The roadway will be reconstructed and realigned (where required) with recommended geotechnical base, erosion control measures will be applied (e.g. hydro seed) and guide rails will be installed.

C.2.0 FINANCIAL INFORMATION C.2.1 Total Eligible Expenditures. Total Eligible Expenditures means $1,197,735.00,

rounded to two decimal places. C.2.2 Percentage of Provincial Support. Percentage of Provincial Support means 33.33%,

rounded to two decimal places. C.2.3 Percentage of Federal Support. Percentage of Federal Support means 60%, rounded

to two decimal places.

C.3.0 TIMELINES C.3.1 Federal Approval Date. Federal approval date means February 12, 2020. C.4.0 PROJECT STANDARDS C.4.1 Canada’s Requirements. In addition to any other standards that the Recipient must

meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following:

(a) any applicable energy efficiency standards for buildings outlined in Canada’s

Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan-canadian-framework.html, or at any other location the Province may provide; and

(b) the accessibility requirements of the highest accessibility standards published in

Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws.

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C.5.0 CHANGES TO THE PROJECT DESCRIPTION, FINANCIAL INFORMATION,

TIMELINES, AND PROJECT STANDARDS C.5.1 Province’s and Canada’s Consent. Any change to the Project will require the

Province’s and Canada’s consent. When seeking to make a change in respect of the Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province.

C.5.2 Minor Changes to the Project Description, Financial Information, Timelines and

Project Standards. Subject to sections C.5.1 (Province’s and Canada’s Consent) and C.5.3 (Amending the Agreement for Minor Changes to the Project Description, Financial Information, Timelines, and Standards), changes that, in the opinion of the Province, are minor may be made, in respect of the Project, to Schedule “C” (Project Description, Financial Information, Timelines and Project Standards).

C.5.3 Amending the Agreement for Minor Changes to the Project Description, Budget,

Timelines and Project Standards. Any change made pursuant to section C.5.2 (Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) must be documented through a written agreement duly executed by the respective representatives of the Parties.

[SCHEDULE “D” – REPORTS FOLLOWS]

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SCHEDULE “D” REPORTS

D.1.0 REPORTING REQUIREMENTS D.1.1 Reporting Requirements. Reports shall be submitted in a manner, format

acceptable to the Province, by the due date specified by the Province. Electronic formats or further direction on how to complete the forms will be supplied to the Recipient of all Reports. The Reports will require the Recipient to provide the Province with an attestation as to the accuracy of the information contained therein. The Recipient acknowledges and agrees it will provide such attestation in the applicable Report prior to submitting the Report to the Province.

Reports shall include the following:

(a) Initial Report. The Initial Report will provide the Recipient’s forecast of the

timelines and costs (Expenditure forecast) to completion. It also outlines the sources of Recipient funds and confirms other pertinent information regarding the Project.

(b) Claim and Progress Report. The Claim and Progress Report provides an update on the Project’s status, as well as a breakdown of amounts that are being claimed for reimbursement.

Claims may be submitted as frequently as needed, but no less than twice a year (if costs have been incurred). If no costs have been incurred in the previous six months, the Recipient will notify the Province that no claim is being submitted for that period. When submitting claims, the report must include a detailed breakdown of invoices that are being claimed for reimbursement. Note that copies of invoices and any associated backup must be provided at the time of claim submission, as directed by the Province.

The Recipient will include an updated record documenting its consultation with Aboriginal Groups, if consultation with any Aboriginal Community is required, in its Progress Report or upon request by the Province or Canada.

If requested by the Province, the Recipient will provide further details on the risk assessment the Recipient provides in respect of any Progress Report.

(c) Final Report. The Final Report summarizes the Project’s final timelines, costs, and outcomes. It may also include a Declaration of Substantial Completion and a Declaration of Completion.

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The Final Report will be submitted to the Province within sixty (60) Business Days of Substantial Completion or December 31, 2026, whichever is earlier.

(d) Other Reports. On or before such date and with such content as the Province directs, the Recipient must provide the Province with other Reports, including but not limited to:

(i) Climate Change Resilience Assessments;

(ii) Greenhouse Gas Emissions Assessments; and

(iii) Community Employment Benefit Assessments.

D.2.0 CHANGES TO SCHEDULE “D” (REPORTS) D.2.1 Minor Changes to the Reporting. Subject to section D.2.2 (Amending the

Agreement for Minor Changes to the Reporting), the Parties may make changes to this Schedule “D” (Reports) that, in the opinion of the Province, are minor.

D.2.2 Amending the Agreement for Minor Changes to the Reporting. Any change

made to this Schedule “D” (Reports) pursuant to section D.2.1 (Minor Changes to the Reporting) must be documented through a written agreement duly executed by the respective representatives of the Parties listed in Schedule “B” (Project Specific Information).

D.3.0 COMPLIANCE AUDIT(S) D.3.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records

Review), the Recipient may be required by the Province, at its own expense, to retain an independent third party auditor to conduct one or more compliance audits of the Recipient. If applicable, the audit will be conducted in accordance with Canadian Generally Accepted Auditing Standards, as adopted by the Canadian Institute of Chartered Accountants, applicable as of the date on which a record is kept or required to be kept under such standards. The audit will assess the Recipient’s compliance with the terms of the Agreement and will address, without limitation, the following:

(a) whether the Funds were spent in accordance with the Agreement and with

due regard to economy, efficiency, and effectiveness;

(b) the Project’s progress or state of completion; (c) whether the financial information the Recipient provided is complete,

accurate, and timely, and in accordance with the Agreement;

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(d) whether the Recipient’s information and monitoring processes and systems

are adequate to identify, capture, validate, and monitor the achievement of intended benefits of the Project;

(e) the overall management and administration of the Project;

(f) recommendations for improvement or redress; and

(g) whether prompt and timely corrective action is taken on prior audit findings.

[SCHEDULE “E” - ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES FOLLOWS]

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SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES

E.1.0 ELIGIBLE EXPENDITURES E.1.1 Subject to the terms and conditions of this Agreement, Eligible Expenditures shall

only include all direct and necessary costs for the successful completion of the Project, and that are in the Province’s and Canada’s sole and absolute discretion, properly and reasonably incurred and paid to an arm’s length party as evidenced by invoices, receipts or other records that are acceptable to the Province and Canada, and that are associated with the acquisition, planning, environmental assessments, design and engineering, project management, materials and construction or renovation of the Project. Eligible Expenditures exclude costs set out as Ineligible Expenditures in section E.2.1 below, but include:

a) Costs directly associated with joint communication activities that are set out

in Schedule “G” (Communications Protocol) of this Agreement, including the costs of communications support and logistics;

b) Costs of Aboriginal consultation and engagement on matters pertaining to the Project, including the costs associated with translating of documents into languages spoken by an affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by the Province in writing prior to being incurred;

c) The incremental costs of the Recipient’s staff or employees provided that: i. The Recipient is able to demonstrate that it is not economically

feasible to tender a Contract that ensures the acquisition of the required goods or services at the best value for money; and

ii. The arrangement is approved in advance in writing by the Province and Canada.

d) Any costs that are determined by the Province and Canada, in their sole discretion, to be Eligible Expenditures; and

e) Notwithstanding section E.2.1(a) of this Schedule, expenditures related to the Project associated with completing climate lens assessments or associated with the conduct and participation in consultation and engagement activities with Aboriginal Groups, if applicable, that were incurred after February 15, 2018.

E.2.0 INELIGIBLE EXPENDITURES E.2.1 The following costs are Ineligible Expenditures and are therefore ineligible to be

paid from the Funds:

a) Costs incurred prior to the Federal Approval Date; b) Costs incurred after October 31, 2026; c) All expenditures related to Contracts awarded or executed prior to the

Federal Approval Date;

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d) Costs incurred for terminated or cancelled Projects; e) Costs related to developing a business case or proposal or application for

funding; f) Costs associated with the acquisition, expropriation or leasing of:

i. Land, ii. Buildings, or iii. Other facilities

g) Costs associated with the acquisition or leasing of equipment other than equipment directly related to the construction, improvement, repair, rehabilitation or reconstruction of the Project where the Province has not provided its prior written approval;

h) Costs that have not been claimed for reimbursement by March 31st of the year following the year in which the costs were incurred;

i) Capital costs, including site preparation and construction costs, incurred before the Recipient has been notified in writing that environmental assessment and Aboriginal consultation obligations have been fully met and continue to be fully met;

j) Costs related to any component of the Project other than its approved scope; k) Costs related to any underground infrastructure; l) Costs related to recreational trails; m) Real estate fees and related costs; n) Costs incurred for the general operation, repair and regularly scheduled

maintenance of the Project; o) Services or works normally provided by the Recipient, incurred in the course

of implementation of the Project, except those specified as Eligible Expenditures;

p) Expenditures related to any goods and services which are received through donations or in-kind Contributions;

q) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with the list of Eligible Expenditures above;

r) Unreasonable meal, hospitality or incidental costs or expenses of Third Parties;

s) Any amount for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund, in full or in part;

t) Taxes of any kind; u) Costs of relocating entire communities; v) In the Province’s sole discretion, the costs of communication activities

undertaken by the Recipient that did not conform with the requirements of the Communications Protocol in Schedule “G”;

w) Any amounts incurred or paid by the Recipient to an entity that is not at arm’s length from the Recipient, except in accordance with the list of Eligible Expenditures above;

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x) Costs incurred contrary to Article 5 of Schedule “A” (Recipient’s Acquisition of Goods and Services and Disposal of Assets);

y) The costs, charges, penalties or fees incurred or paid by the Recipient in the process of having a cost determined to be an Ineligible Cost.

z) Legal fees, financing charges and loan interest payments, including those related to easements (e.g., surveys);

aa) Costs of furnishings and non-fixed assets which are not essential for the operation of the funded Asset or Project, as well as all costs associated with moveable assets or rolling stock; and

bb) Any costs associated with projects which are determined by the Province and Canada, in their sole discretion, to be:

(i) Housing; (ii) An early learning and childcare facility; (iii) A health facility, or an education facility; (iv) A health facility, or an education facility, except to benefit Indigenous

peoples by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada; (v) A highway or trade corridor infrastructure, except for portions that connect communities that do not already have year-round access; or

(vi) Resource development infrastructure, notably industrial resource development access roads.

[SCHEDULE “F” – EVALUATION FOLLOWS]

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SCHEDULE “F” EVALUATION

F.1.0 PROJECT AND ICIP EVALUATIONS F.1.1 Recipient’s Participation in Projects and ICIP Evaluations. The Recipient

understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of the Project or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation.

F.1.2 Results of Project and ICIP Evaluations. The result of any evaluation carried

under section F.1.1 (Recipient’s Participation in Project and ICIP Evaluations) will be made available to the public, subject to all applicable laws and policy requirements.

[SCHEDULE “G” – COMMUNICATIONS PROTOCOL FOLLOWS]

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SCHEDULE “G” COMMUNICATIONS PROTOCOL

G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol):

“Joint Communications” means events, news releases, and signage that relate to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the

Recipient; and

(b) in the case of the Agreement, the Province and the Recipient.

G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of

each of the Parties to the Agreement in respect of Communications Activities related to the Project.

G.2.2 Guidance. This communications protocol will guide all planning, development and

implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public.

G.2.3 Application to Communications Activities. The provisions of this

communications protocol apply to all Communications Activities related to the Agreement and the Project.

G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this

communications protocol should ensure that Canadians are informed about the Project’s benefits, including the ways in which the Project helps improve their quality of life.

G.3.2 Factors to Consider. The scale and scope of Communications Activities

undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such Communications Activities.

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G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee.

G.3.4 Approval of Communications Material. The announcement or publication of

the Project must be approved by the Parties and Canada prior to being carried out.

G.3.5 Costs of Communication Activities. With the exception of advertising

campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures).

G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about

the funding and status of the Project.

G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of the Project should not occur without the prior knowledge and agreement of the Parties and Canada.

G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint

Communications material must be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution or the Total Financial Assistance, or both, received in respect of the Project.

G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of

Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada.

G.4.5 Participation and Representatives. The Party requesting a Joint

Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event).

G.4.6 English and French. Canada has an obligation to communicate in English and

French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products.

G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at

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https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special-event/table-precedence-canada.html, or at any other location as the Province may provide.

G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the

Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities.

G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview

in respect of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the Bilateral Agreement, to the above.

G.5.3 Publication. The Recipient will indicate, in respect of the Project-related

publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of Canada and the Province.

G.5.4 Canada’s Recognition in Documents. In respect of the Project where the

deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly recognize Canada’s and the Province’s respective financial contribution for the Project.

G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do

otherwise, the Recipient will, in respect of the Project-related publications, whether written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project.

G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational

communications in respect of the Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada.

G.7.0 MEDIA RELATIONS

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G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or the ICIP.

G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the

Province and the Recipient may each have signage recognizing their funding contribution in respect of the Project.

G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or

both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at the Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada. Provincial sign design, content, and installation guidelines will be provided by the Province.

G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or

another suitable marker in respect of the Project, the Recipient will:

(a) on the marker, recognize the Province’s and Canada’s contributions; and

(b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation.

G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign

installations, including providing the Province with photographs of the sign, once the sign has been installed.

G.8.5 Timing for Erection of Sign. If erected, signage recognizing Canada’s and the

Province’s respective contributions will be installed at the Project site(s) 30 days prior to the start of construction, be visible for the duration of the Project, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use.

G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s

respective contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility.

G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and

installation of Project signage, or as otherwise agreed upon.

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G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required,

communications between Canada and the Recipient for Communications Activities.

G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an

effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign in respect of the Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch.

[SCHEDULE “H” – DISPOSAL OF ASSETS FOLLOWS]

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SCHEDULE “H” DISPOSAL OF ASSETS

H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets):

“Asset Disposal Period” means the period commencing on the Effective Date and ending five (5) years after the Expiration Date.

H.2.0 DISPOSAL OF ASSETS H.2.1 Asset Disposal Period. Unless otherwise agreed to by the Province, the Recipient

will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of the Project for the Asset Disposal Period.

H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period,

the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly, of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province for any Funds received for the Project

[SCHEDULE “I” – ABORIGINAL CONSULTATION PROTOCOL FOLLOWS]

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SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL

I.1.0 DEFINITIONS

I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol):

“Aboriginal Community”, also known as “Aboriginal Group”, includes First Nations, Métis, and Inuit communities or peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Section 35 Duty” means any duty the Province and Canada may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982.

I.2.0 PURPOSE

This Schedule sets out the respective roles and responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project and serves to specify the procedural aspects of consultation delegated from the Province and Canada to the Recipient.

I.3.0 PROVINCE’S ROLES AND 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.

I.4.0 RECIPIENT’S ROLES AND RESPONSIBILITIES.

The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by

the Province and Canada, if such notice has not already been given by the Recipient or the Province or Canada. Such notice must include language

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specifying that the Province and Canada are providing funding for the Project and that the Recipient is acting as the Province’s and Canada’s delegate for the purposes of the procedural aspects of consultation;

(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 cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same;

(e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry;

(f) 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;

(g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project;

(h) 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;

(i) 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;

(j) 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;

(k) 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;

(l) Where an Aboriginal Group asks questions regarding the Project directly of the Province or Canada, providing the Province or Canada with the information reasonably necessary to answer the inquiry, upon the Province’s request;

(m) Where directed by the Province or Canada, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding

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the Project and reporting to the Province and Canada any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts;

(n) Consulting regularly with the Province and Canada during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province and Canada the results of such discussions prior to implementing any applicable accommodation measures;

(o) Complying with the Province’s or Canada’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province or Canada or both may require; and

(p) In Contracts, expressly securing the Recipient’s right to respond to directions from the Province or Canada or both as the Province or Canada or both may provide.

I.5.0 RECIPIENT KEEPING RECORDS AND SHARING INFORMATION.

The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province: (a) Provide to the Province and Canada, upon request, complete and accurate

copies of all documents provided to the Aboriginal Groups in relation to the Project;

(b) Keep reasonable business records of all its activities in relation to consultation and provide the Province and Canada with complete and accurate copies of such records upon request;

(c) Provide the Province and Canada with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project;

(d) Immediately notify the Province and Canada of any contact by any Aboriginal Groups regarding the Project of any nature and provide copies to the Province and Canada of any documentation received from Aboriginal Groups;

(e) Advise the Province and Canada immediately of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes so aware;

(f) Immediately notify the Province and Canada if any Aboriginal archaeological resources are discovered in the course of the Project;

(g) Provide the Province and Canada with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province or Canada; and

(h) If applicable, advise the Province and Canada 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.

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I.6.0 ASSISTING THE PROVINCE AND CANADA.

The Recipient shall, upon request, lend assistance to the Province and Canada by filing records and other appropriate evidence of the activities undertaken both by the Province, Canada and 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 or Canada and by the Recipient, to the relevant regulatory or judicial decision-makers.

I.7.0 NO ACKNOWLEDGEMENT OF DUTY TO CONSULT OBLIGATIONS

The Parties agree that nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or Canada or the Recipient that a Section 35 Duty applies in relation to the Project, nor that any role or 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 this Agreement is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed.

I.8.0 NO SUBSTITUTION

This Schedule shall 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 and Canada 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 Aboriginal Groups, the Recipient, the Province, Canada and provincial and federal ministries, boards, agencies and other regulatory decision-makers.

I.9.0 NOTICES IN RELATION TO THIS SCHEDULE

All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under Schedule “B” of this Agreement.

[SCHEDULE “J” – REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES FOLLOWS]

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SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES

J.1.0 DEFINITION

J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and

Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient in respect of the Project as described in and to be paid in accordance with Article J.8.0 of Schedule “A” (Final Payment).

J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The procedures provided for in Article J.3.0 of this Schedule “J”

(Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the Agreement.

J.2.2 Diligent and Timely Manner. The Recipient will submit its requests for payment to

the Province in a diligent and timely manner, and no less frequently than twice a year if costs have been incurred. If no costs have been incurred in the previous six months, the recipient will notify the Province that no claim is being submitted for that period.

J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE

EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient will submit each request for

payment for Eligible Expenditures in respect of the Project to the Province on a date and frequency as indicated in Schedule “D” (Reports) and, if the Province so requested pursuant to paragraph K.4.1(f), after review by the Committee. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the Final Payment, a Report in a

format prescribed by the Province; (b) a report on the progress of the project, at least twice per year by the

deadlines specified by the Province in a Notice; (c) for each request for Final Payment, a Final Report, acceptable to the

Province; and (d) such other information as the Province may request.

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J.4.0 PAYMENTS J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement,

upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Expenditures up to the Maximum Funds. Claims will be reimbursed based on the Percentage of Provincial Support and the Percentage of Federal Support as set out in Schedule “C”.

J.4.2 For greater certainty and without limitation, before the Province makes a payment to

the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both:

(a) the conditions set out in paragraph A.4.2(c) of Schedule “A”;

(b) the special conditions listed in Article A.31.0 of Schedule “A” (Special

Conditions);

(c) receipt and acceptance by the Province of all required Reports and other reports, as applicable;

(d) compliance with all applicable audit requirements under the Agreement; and (e) applicable communications requirements, as set out Schedule “G”

(Communications Protocol).

J.4.3 The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 of this Schedule “J” (Payments).

J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment on or before December

31, 2026.

J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for a request for payment submitted after

(i.) December 31, 2026; or (ii) March 31st of the year following the Funding Year in which the Eligible

Expenditures were incurred.

J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS

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J.6.1 Final Reconciliation and Adjustments. For the Project, following the submission of both the Declaration of Project Substantial Completion and the final Progress Report, the Province may carry out a final reconciliation of all requests for payments and payments in respect of the Project and make any adjustments required in the circumstances.

J.7.0 HOLDBACK J.7.1 Holdback. For the Project, the Province may hold back funding in accordance with

section A.4.12 (Retention of Contribution).

J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2(c), the Province will pay to the

Recipient the remainder of its contribution under the Agreement, including the Holdback, after all of the conditions under section A.4.12 (Retention of Contribution) have been met.

[SCHEDULE “K” – COMMITTEE FOLLOWS]

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SCHEDULE “K” COMMITTEE

K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of

a Committee to oversee the Agreement, pursuant to section A.29.1 (Establishment of Committee), the Parties will, within 60 days of the Province providing Notice, hold an initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiry Date of the Agreement.

K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS K.2.1 Appointments by the Province. The Province will appoint two persons as members of

the Committee.

K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members of the Committee.

K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co-chair is absent or otherwise unable to act, the member of the Committee duly authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place.

K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in Committee meetings. The Province may invite up to two representatives from Canada to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote.

K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will:

(a) meet at least two times a year, and at other times at the request of a co-chair; and

(b) keep minutes of meetings approved and signed by the co-chairs as a true record

of the Committee meetings. K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co-chairs

are present.

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K.4.0 COMMITTEE MANDATE

K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of the Parties under the Agreement, the mandate of the Committee will include, but not be limited to:

(a) monitoring the implementation of the Agreement including, without limitation, the

implementation of Schedule “G” (Communications Protocol), for compliance with the terms and conditions of the Agreement;

(b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the

Agreement; (d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed; (f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring

project risk and mitigation measures, or as mutually directed by the Parties. K.4.2 Committee Decisions. Decisions of the Committee will be made as follows:

(a) the co-chairs will be the only voting members on the Committee; and (b) decisions of the Committee must be unanimous and recorded in writing.

K.5.0 ROLE OF THE RECIPIENT K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements

provided for in this Schedule “K” (Committee), the following:

(a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required, establish a new location;

(b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work of the Committee, including payment request forms, approval documents, contracts, and agendas and minutes of meetings of the Committee and its subcommittees;

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(c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee;

(d) ensure that administrative and financial systems are developed and implemented for the Project and the work of the Committee;

(e) promptly inform the Committee of all proposed changes in respect of the Project;

and

(f) provide the Committee, as requested and within the timelines set by the Committee, and to the Committee’s satisfaction, project status information related to Schedule “D” (Reports).

\\

TO: Mayor and Members of Council

FROM: Joe McMillan, Treasurer

DATE: June 10, 2020

SUBJECT: Financial Policies

21T URECOMMENDATION

THAT Council adopt Policy F&A 12-2020 Tangible Capital Assets Policy, Policy F&A 13-2020 Operating and Capital Budget Policy, and Policy F&A 14-2020 Reserve and Reserve Fund Policy.

BACKGROUND

As part of the annual Gas Tax Reporting requirements, a questionnaire must be filled out identifying whether municipalities have various standard operating procedures (SOPs) and policies. These policies and SOPs are recommended as part of the management of Gas Tax Funds and, also, as best practices for overall fiscal management of the Municipality. Although processes were in place for budgeting, tangible capital asset management, and reserve allocations, no formal policies were approved by Council. These policies, once passed, should be reviewed once per term of Council or more frequently if necessary.

Tangible Capital Assets Policy

The purpose of this policy is to help guide staff in identifying which type of expenses, and at what level, are deemed capital and therefore should be capitalized and amortized. In addition, this policy aids readers of the Financial Statements so that when they see the Tangible capital assets of $34,745,054 (2018) on the Municipality’s Statement of Financial Position, they have an understanding of what makes up that number.

Operating and Capital Budget Policy

The Municipal Budget process is the most important one undertaken by Council and staff as it sets the fiscal priorities and levels of service for the Municipality. Implementing a policy to formalize the budgetary process ensures consistent application of budget fundamentals. The policy establishes a framework linking the budget decisions to planning and asset management, a description of the budget process, and instructions pertaining to duties and responsibilities.

2

Reserve and Reserve Fund Policy

Reserves and reserve funds are an important financial indicator in a Municipality’s overall financial health. By maintaining reserves the Municipality has the capability to fund future liabilities; a key link to long-term financial planning practices. They also provide a cushion to absorb unexpected shifts in revenue and expenditures. The availability of reserves also reduces the cost of financing capital as it allows a municipality to avoid debt interest payments.

The effective use and management of reserves and reserve funds is a critical aspect of an organizations strategic financial plan and continued long-term financial sustainability. It is crucial that the municipality have principles, programs and policies formally approved by Council that serve as a framework to make important financial decisions.

Respectfully Submitted

Joe McMillan, CPA, CGA Treasurer/Deputy Clerk

Treasury Department

Content Updated: NEW

Section: Finance & Accounting Supersedes Policy:

Policy No: F&A 12-2020 Approved by Council: June XX, 2020 Resolution: 2020.XX.XX Pages: 1 of 10

TANGIBLE CAPITAL ASSETS POLICY POLICY STATEMENT

Tangible Capital Assets are the single largest investment made by the Municipality and need to be handled in accordance with Public Sector Accounting Board Section 3150 on the annual Financial Statements. This policy will outline the treatment of Tangible Capital Assets by the Finance Department and Municipality staff.

PURPOSE The purpose of this policy is to establish the guidelines around the treatment of Tangible Capital Assets as it relates to PSAB 3150 and the Municipality’s Financial Statements.

a. Outline the accounting treatment of Tangible Capital Assets to assist users of the Municipality’s Financial Statements as it pertains to the investment made in property, plant and equipment.

b. c. Criteria as to the recognition of a Tangible Capital Asset, the carrying

amount, annual Amortization, and any impairment losses as per PSAB 3150.

d. e. As per the Canadian Institute of Chartered Accountants section 1508,

establish criteria for accounting estimates when measurement uncertainty exists.

f. g. Establish roles and responsibilities for Municipality staff. h. i. Ensure consistent and transparent treatment of all Tangible Capital

Assets. APPLICATION This policy applies to all Municipality staff as well as all other staff or

officials whose financial information is included in the Municipality’s consolidated Financial Statements.

DEFINITIONS

Accumulated Amortization – represents the total to date of the annual amortization expense relating to the Tangible Capital Asset since it was placed in use. Acquisition Cost – the amount of consideration given up to: acquire, construct, develop or better a Tangible Capital Asset. This includes but is not limited to installation costs, delivery and duty costs, and staffing costs.

TANGIBLE CAPITAL ASSETS POLICY Amortization – process of annually expensing the cost of the Tangible Capital Asset, less any Residual Value, over the Tangible Capital Asset’s Estimated Useful Life. Betterment – costs incurred to enhance the service potential of a Tangible Capital Asset. One of the following criteria must exist in order to capitalize these costs:

• Significant reduction in operating cost • Estimated Useful Life is extended • Quality of the output is improved Disposals – this occurs when the Municipality releases ownership of the Tangible Capital Asset. This can happen through sale, destruction, loss or abandonment. Estimated Useful Life – estimate of the period over which a Tangible Capital Asset is expected to be used. This can be in years or units (hours or kilometers). This period is the amount of time or units that the Tangible Capital Asset will be amortized over. Fair Market Value - amount of consideration given for a Tangible Capital Asset between two unrelated parties in an arms-length transition where all parties are knowledgeable and willing. Gain on Disposal – the amount of proceeds that exceed the Net Book Value of the Tangible Capital Asset when the Tangible Capital Asset is disposed of. Gains will be allocated to the department that was responsible for the Tangible Capital Asset and transferred to the appropriate reserve (fund). This is a cash transaction. Generally Accepted Accounting Principles – generally referred to as GAAP. This is a combination of authoritative standards and the commonly accepted ways of recording and reporting accounting information. Loss on Disposal – the amount that the Net Book Value exceeds the proceeds realized when the Tangible Capital Asset is disposed. The loss will be allocated to the department that was responsible for the Tangible Capital Asset. This is a non-cash transaction. Net Book Value – difference between the Tangible Capital Asset Acquisition Cost and the Accumulated Amortization. Public Sector Accounting Board – generally referred to as PSAB, this board was created to serve the public interest by establishing accounting standards for the public sector in addition to providing guidance for financial and other performance information.

TANGIBLE CAPITAL ASSETS POLICY Repairs and Maintenance – costs incurred to keep the Tangible Capital Asset in working condition. These costs are expensed annually and shown on the Municipality’s Statement of Operations. Residual Value – the estimated net realizable value of a Tangible Capital Asset at the end of the Tangible Capital Asset’s useful life. The Municipality generally assumes a Residual Value of $0. Tangible Capital Asset – non-financial Tangible Capital Assets having physical substance that include all of the following criteria: • Are held for use and intended to be used on a continuous basis

by the Municipality in the delivery of the goods and services provided to the citizens, businesses and visitors of the Municipality

• Have useful life greater than one year • Are not intended for sale • The ownership and control clearly rest with the Municipality

PROCEDURES

Tangible Capital Assets PSAB 3150 This accounting standard outlines that all Tangible Capital Assets be held at historical cost and shown on the Municipality’s Statement of Financial Position. In addition, the Municipality has a Tangible Capital Asset Note to the Financial Statement, which includes the following information:

• The Tangible Capital Assets recorded at cost • The Net Book Value of all Tangible Capital Assets • The Accumulated Amortization • The annual Amortization that is expensed on the Statement of

Operations • The Disposals that occurred in the given year This note allows the reader of the Financial Statements the ability to see what changed during the year in the Tangible Capital Assets owned by the Municipality.

Capital Leases The Municipality may enter into an agreement with a third party to lease a Tangible Capital Asset. The lease is deemed a capital lease and will be treated as all other Tangible Capital Assets, if the Municipality receives substantially all the benefits and risks associated with the Tangible Capital Asset. At least one of the following criteria must exist for a lease to be capitalized:

TANGIBLE CAPITAL ASSETS POLICY • There is a reasonable chance that the Municipality will assume

ownership of the Tangible Capital Asset at the end of the lease. This can be achieved if there is bargain purchasing (75% of the Fair Market Value of the Tangible Capital Asset) option for the Municipality.

• The lease term is for more than 75% of the Estimated Useful Life of the Tangible Capital Asset.

• The present value of the minimum lease payments is equal to 90% or more of the Fair Market Value of the Tangible Capital Asset at the inception of the lease.

If the thresholds are met, then a Tangible Capital Asset will be recorded with an offsetting capital lease liability for the present value of the minimum lease payment.

Tangible Capital Asset Classification For the purpose of reporting, Tangible Capital Assets need to be classified. Tangible Capital Assets will be classified in the following groups for the Financial Statements:

• Land • Land Improvements • Buildings • Machinery, Equipment and Vehicles • Linear

• Water • Sewer System • Roads

• Work in Progress. In addition, each Tangible Capital Asset will be assigned to the department to which is responsible for the Tangible Capital Asset. This will allow annual amortization to be expensed to the correct department as well as it ties the Tangible Capital Assets in the annual Financial Information Return.

Recording and Valuing Tangible Capital Assets When recording Tangible Capital Assets, the Municipality has two approaches that are both accepted under GAAP, Whole Tangible Capital Asset and component.

TANGIBLE CAPITAL ASSETS POLICY Whole Tangible Capital Asset – this approach would see the entire Tangible Capital Assets and all components recorded and amortized as one Tangible Capital Asset. An example would be a snow plow truck. Component Approach – under this approach, major components of a Tangible Capital Asset are recorded and amortized as separate pieces. An example of this would be a building that would be recorded as structure, roof, electrical, plumbing, and HVAC. The Component approach is more appropriate for large scale Tangible Capital Assets that can easily be broken down into smaller Tangible Capital Assets, which can have different values and estimated useful lives. Additional factors to consider when choosing an approach:

• Significance of the amounts • Quantity of individual Tangible Capital Assets • Availability/reliability of the information with respect to the

specific components • Information needs to make future decisions

Segments Linear Tangible Capital Assets (roads, water, wastewater and stormwater pipes) will be broken down into logical segments as determined by the department responsible for the Tangible Capital Asset.

Recording a Tangible Capital Asset A Tangible Capital Asset should be recorded and recognized on the Financial Statements when both of the following criteria exist:

• It is probable that a future benefit to the Municipality will be obtained from the Tangible Capital Asset

• There is a reliable/appropriate base of measurement The acquisition date of the Tangible Capital Asset is the earlier of:

• The date that the legal ownership of the Tangible Capital Asset is transferred to the Municipality

• The date that the construction of the Tangible Capital Asset is completed and ready for use

Determining when a Tangible Capital Asset is complete and ready for use requires situation specific considerations. These considerations

TANGIBLE CAPITAL ASSETS POLICY will be made with the responsible department in conjunction with the Finance Department.

Capitalization Threshold The threshold represents the minimum cost that an individual (or pooled) Tangible Capital Asset must have before being capitalized and shown on the Statement of Financial Position. Costs must meet the criteria to be considered a Tangible Capital Asset and meets or exceeds the following capitalization threshold.

Tangible Capital Asset Threshold Land All Land purchases are capitalized Land Improvements $5,000 Buildings $5,000 Vehicles, Machinery and Equipment

$5,000 Linear (Water, Wastewater, Roads)

$10,000 Betterment versus Maintenance

Costs of Betterment are considered to be part of the Tangible Capital Asset and therefore capitalized whereas maintenance costs are expensed annually on the Statement of Operations. Major Betterments should be included in the annual Capital Budgets whereas repairs and maintenance should be included in the annual Operating Budgets of the respective department. To be considered a Betterment, the cost must be equal to or greater than 20% of the historical cost for both individual and pooled Tangible Capital Assets. In addition to criterion, one of the following must also exist:

• The Estimated Useful Life is extended by 25% • The costs result in an increased capacity of at least 25% • The efficiency of the Tangible Capital Asset is increased by

15% • The operational costs decreased by 15%

When a cost cannot be differentiated between a Betterment and maintenance, the cost will be considered an expense and shown on the annual Statement of Operations.

Valuing Tangible Capital Assets Tangible Capital Assets are considered non-financial Tangible Capital Assets and are included on the Statement of Financial Position. In

TANGIBLE CAPITAL ASSETS POLICY accordance with GAAP, the historical cost of the Tangible Capital Asset must be used when capitalizing the expenditures. Costs can include:

• Purchase price of the Tangible Capital Asset • Direct construction costs including labour (external) and

materials • Installation costs • Design and engineering fees • Legal and surveying fees • Site preparation • Freight and duty costs • Insurance costs related to the transportation of the Tangible

Capital Asset For projects that result in multiple Tangible Capital Assets, for example a building, the general costs will be distributed based on the percentage of the individual Tangible Capital Assets. Municipality staffing costs (salaries and benefits) can be allocated to the capital project, however the staff member’s time must be clearly attributable to the project and not include hours working on other items. Whether staffing costs can be capitalized is at the sole discretion of the Director of Finance and IT Services. Interest costs related to the financing of a Tangible Capital Asset will not be capitalized, rather expensed through the annual Statement of Operations.

Contributed or Donated Tangible Capital Assets The Municipality can have Tangible Capital Assets either donated or contributed for the delivery of the services provided by the Municipality. A donated Tangible Capital Asset could be a piece of land given for the purposes of a park and a contributed Tangible Capital Asset could be linear works received during the assumption of a subdivision. These Tangible Capital Assets need to be capitalized at the Fair Market Value on the date of contribution and included on the Statement of Financial Position. For donated Tangible Capital Assets, the department receiving the Tangible Capital Asset should obtain an independent valuation from a third-party, such as an appraisal or engineering professional opinion. This third-party valuation will be the Fair Market Value assigned to the donated Tangible Capital Asset.

TANGIBLE CAPITAL ASSETS POLICY For contributed Tangible Capital Assets, the department receiving the Tangible Capital Assets will obtain the Fair Market Value of the Tangible Capital Assets through the development contract or agreement. If a Fair Market Value cannot be determined by the process outlined above, then a nominal value will be used and a note to disclose this information will be included with the Statement of Financial Position.

Amortization Amortization reflects the annual cost to the Municipality of the Tangible Capital Assets. As the Tangible Capital Asset is consumed (through the Estimated Useful Life) a portion is allocated as an operating expense through amortization. The Municipality will utilize the straight-line method of amortization which includes the Half Year Rule. This rule states that only 50% of the annual amortization will be booked in year one. Land is the only category of Tangible Capital Assets that will not be amortized. As per section PSAB 3150.29, the amortization method of Estimated Useful Life of a Tangible Capital Asset should be adjusted if one of the following events occurs:

• A change in how the Tangible Capital Asset is used • Removal of the Tangible Capital Asset out of service for an

extended period of time (one year) • Physical damage to the Tangible Capital Asset • Significant technological advancements • Change in the demand of the service (that the Tangible Capital

Asset provides) • Change in legislation that affecting the period of time over

which a Tangible Capital Asset can be used. Amortization is reviewed on an annual basis through the completion of the Financial Statements.

Estimated Useful Life The estimated useful life (included in Appendix A) is the shorter of either the physical, technological, commercial or legal life. Using professional judgement, staff have assigned an estimated useful life for the various Tangible Capital Assets that are owned and operated by the Municipality. Although the physical life of the Tangible Capital Asset may differ, the intent is to try and make these two useful lives

TANGIBLE CAPITAL ASSETS POLICY the same. Factors that go into setting the estimated useful life include:

• Experience with similar Tangible Capital Assets • Third party knowledge of the Tangible Capital Assets • Expected usage of the Tangible Capital Asset in conjunction

with the maintenance program

Impairment of a Tangible Capital Asset When a Tangible Capital Asset is no longer able to provide the good and or service that it was purchased to perform, the Net Book Value of that Tangible Capital Asset needs to be reduced to reflect the new Fair Market Value of the Tangible Capital Asset to the Municipality. Any impairments will be expensed to the responsible department and will be shown on the annual Statement of Operations. Indications of an impairment include:

• A change in how the Tangible Capital Asset is used • A change in the manner to which a Tangible Capital Asset is

used • Physical damage to the Tangible Capital Asset • Significant technological advancements • Change in the demand of the service (that the Tangible Capital

Asset provides) • A decision to halt construction before the Tangible Capital

Asset is in a useable condition

Disposals

On disposal, the historical cost and accumulated amortization is removed from the Statement of Financial Position. As per PSAB 3150, the difference between the net proceeds on disposal and the Net Book Value of the Tangible Capital Asset is accounted for as either a revenue (Gain on Disposal) or expense (Loss on Disposal) through the Statement of Operations. Disposals of a Tangible Capital Asset may occur by sale, trade-in, destruction, loss or abandonment.

Tangible Capital Assets under Construction (Work In Progress) During construction or the ordering process of a Tangible Capital Asset the costs will be recorded to the Work In Progress inventory account. Once the Tangible Capital Asset is completed and ready to

TANGIBLE CAPITAL ASSETS POLICY be transferred into use, the Tangible Capital Asset is then transferred to the correct Tangible Capital Asset classification. Tangible Capital Assets included in the Work In Progress account are not amortized until they are considered in service. All costs included in Work In Progress must be written off if construction of the Tangible Capital Asset is terminated or deferred indefinitely, or have been in Work In Progress for five years, whichever is earlier.

EXCLUSIONS

There are no exclusions from this policy.

Treasury Department

Content Updated: NEW

Section: Finance & Accounting Supersedes Policy:

Policy No: F&A 13-2020 Approved by Council: June XX, 2020 Resolution: 2020.XX.XX Pages: 1 of 10

OPERATING AND CAPITAL BUDGETING POLICY PURPOSE

Budgets are powerful management tools. They help the Municipality define levels of municipal services and identify how revenues will fund expenses. Budgeting involves prioritizing projects, programs and service levels in light of the available and potential financial resources. This Policy will ensure the budget process is performed in a structured, effective manner.

SCOPE This policy applies to all Municipal departments, boards, committees, and other organizations falling within the reporting requirements of the Municipal of Dutton Dunwich.

DEFINITIONS The following definitions pertain throughout this policy: "Base Level Budget" means that the base level for the budget for the current year will be the prior year's cost of providing all of the services approved in the prior year budget except for one-time projects. The base level is set by taking the inputs approved in the prior year's budget and costing them, adjusting them for annualized costs, capital impacts on operations (growth), and inflation where inflation increases; "Annualized Costs" means any costs approved in the prior year's budget that were included for only part of the year are converted to a twelve-month period and included in the Base Level Budget. Annualized costs would normally apply to personnel and related costs and those costs related to municipal service contracts that had price escalations part way through the year or any that began part way through the year. These costs must be clearly identified in the Base Level Budget; "Multi-Year Budget" refers to a budget that covers more than one fiscal year; "Capital Impacts" means the additional operating costs that relate to operating or maintaining a capital project that has been completed and is now "in use". This term is used synonymously with Growth Adjustment; "Growth Adjustment" allows for growth that will occur in the Municipal in the current year. For example, new roads completed in the prior year will require upkeep in the current year and will form part of the growth adjustment. In order to obtain new growth dollars, there must be a comprehensive business plan and program

OPERATING AND CAPITAL BUDGETING POLICY or service level justification report including an exit strategy if the program or service enhancement does not meet the goals established for a successful outcome;

"Treasurer" means The Treasurer/Deputy Clerk, or any person appointed by the Corporation to fulfill the statutory requirements of the Treasurer under the Municipal Act, 2001.

OPERATING BUDGET

Operating Budget and Business Plan Preparation Each Director shall prepare and submit annually to the Treasurer their Operating Budget Requests on the forms and format prescribed by the Treasurer.

Direction in terms of corporate wide assumptions and conditions will be defined in the "Budget Report" prepared by the Treasurer.

Operating Budget Process All Operating budget estimates will be reviewed and approved for presentation to Council as follows:

• Guidelines are set by Council based on staff

recommendations in a report prepared by the Treasurer and the Senior Leadership Team;

• Finance staff shall prepare detailed instructions to be followed in the preparation of all operating estimates;

• Departments shall prepare budget estimates to identify the Base Level Budget requirements at existing service levels;

• Departments shall identify new programs and/or service levels and provide costs and justifications for the changes;

• Departments shall provide estimates of the number of full-time equivalent requirements and provide costs and justification for any increases from the Base Level;

• The percent increase for wage increases for the year, notwithstanding step movements on the salary grid, will be:

o At the low end: 75% of The Consumer Price Index year

over year change for the Province of Ontario as at September 30 for the year prior to the budget year (e.g. September 30, 2020 for the taxation year 2021); and

o At the high end:125% of The Consumer Price Index year over year change for the Province of Ontario as at September 30 for the year prior to the budget year.

• Departments shall identify goals and objectives for the upcoming year that integrate the operating and capital budget request with the Strategic Plan, the Asset Management Plan and other studies/reports adopted by Council;

OPERATING AND CAPITAL BUDGETING POLICY

• Revenues/Expenditures are to be calculated based on known commodity trends, approved studies/reports including user fee reports/by-laws and master plan reports, etc;

• The Treasurer will meet with each department to verify timing, costs (including review of the source documents that formed the basis for the cost estimates), and identify external funding sources: grants and subsidies, fundraising, and donations;

• The Senior Leadership Team shall evaluate each new program and/or service enhancement on the basis of immediacy and need in the following order: o Legislative requirement; o Capital impacts; o Growth adjustments; o Cost savings or inherent efficiencies; o Identified need with self-sustaining revenues available; and o Identified need with no corresponding revenue possibilities.

• The Senior Leadership Team shall review all program and or

service levels for potential cuts or rationalization; • Finance staff will compile appropriate operating budgets and

summaries to be incorporated into the budget document; • The Senior Leadership Team will review the compiled operating

budget and supplementary information for accuracy, completeness, and adherence to Budget Guidelines;

• Operating budgets will be presented to Council for approval with their associated capital estimates and business plans.

Operating Budget Spending Before Budget Approval • Departments are authorized to expend funds at the previous

year's service levels, unless specifically directed otherwise by Council until the current year's operating budget has been approved.

• No new programs or service enhancements are to be initiated before the operating budget is established without the prior approval of Council.

Emergency Spending • In accordance with the Municipal's Procurement Policy, where

authority has not been given in the Operating Budget for a particular expenditure or line item, no department shall expend funds unless: o Approval was granted by Council through a report

outside the budget process prepared by the Director requiring the expenditure;

OPERATING AND CAPITAL BUDGETING POLICY

o An emergency occurs requiring immediate spending and the Senior Leadership Team approved such emergency spending in accordance with the Municipal's Procurement Policy.

Operating Budget Reporting • A monthly financial detail of the operating budget will be provided

to Council beginning in the second month after approval of the operating budget which shall include a variance analysis for accounts in a format prescribed by the Treasurer.

• A detailed current monthly financial statement for the Operating Budget be provided to all Department, no later than the second Friday of the following month.

• The Treasurer will review financial statements quarterly with all Departments and provide assistance in analysis of accounts and preparing forecast changes to the budget as required.

Authority for Budget Changes

• Where authority has been given in the Operating Budget and an increase to the approved amount is needed the approval amount is authorized provided any such increase is to be offset by a corresponding decrease(s) in other line items or through enhanced revenues to be realized from the additional expenditure;

• A summary of budget changes to the approved amount, in accordance with section 12 above, will be provided to Council with the quarterly variance report.

• Exceptions to the above approvals will occur when Section 275 of the Municipal Act regarding Restricted Acts after nomination day is in effect. The upper limit for any approvals shall be as stated in the Act.

Operating Budget Principals The principles for operating, planning and funding are: • The operating budget will be balanced as per the legislative

requirements outlined in the Municipal Act. Any shortfall in budgeted revenues versus expenditures for a budget period will be offset by tax levies equal to the shortfall thereby resulting in a balanced budget.

• The Municipality shall not utilize one-time revenues for ongoing expenditures. However, one-time revenues may be used to fund non-recurring expenditures or services that can be completed

OPERATING AND CAPITAL BUDGETING POLICY within a specific amount of time without significant disruption to the Municipality provided it is duly approved by Council. At year-end, unallocated one-time revenues will form part of the Municipality’s surplus.

• One-time revenues include, but are not limited to, grants or subsidies from other levels of government or municipalities that are not legislated to recur annually, transfers from Reserves and Reserve Funds, and proceeds on sale of property.

• Certain municipal revenues can be termed "unpredictable" as they fluctuate year to year and are not under the direct control of the Municipal. The budget amount for unpredictable revenues shall be conservative in nature and represents management's "best" estimate at the time of the budget.

CAPITAL BUDGET Capital Expenditure

• A capital expenditure is defined as a significant expenditure

incurred for the improvement, acquisition or major rehabilitation of buildings, equipment, rolling stock and infrastructure used in providing municipal services (including studies undertaken related to such expenditure).

• A capital expenditure includes Capital Assets as defined and detailed in the Municipal's Tangible Capital Asset Policy.

• A capital expenditure will have benefits lasting beyond one year and have a minimum threshold of $5,000 or as otherwise stipulated in the Municipal's Tangible Capital Asset Policy.

• A repair or maintenance expenditure designed to maintain an asset in its original state is not a capital expenditure, unless it will extend the useful life of the asset. Such repairs or maintenance expenditures shall be included in the Operating Budget.

Capital Budget Preparation • Each Department shall prepare and submit annually to the

Treasurer their Capital Budget requests and 5-year forecasts on the forms and in the format prescribed by the Treasurer.

• Each Capital Budget and Forecast shall include:

o The project ID number (to be set by Finance Department); o The responsible department;

o The service or program within the department to which the project applies;

o The year of initiation of the project;

OPERATING AND CAPITAL BUDGETING POLICY

o The flexibility in the timing of the project (e.g. if there is a reason that it must go forward in a certain year due to legislated requirements, development or safety);

o An indication of whether the project is growth related and will have growth funding;

o A project name which shall be consistent throughout all studies and Municipal documents;

o A brief description of the project which should identify the objectives of the project and a describe how the objectives are achieved, including the need for the project;

o Identification of the project in the Asset Management Plan as a priority;

o Priority comment that provides the rationale for the assigned ranking;

) A detailed estimate of each project's costs net of HST rebates, including a breakdown by year for multi-year projects;

a) The financing of each project, including any known information regarding grants/subsidies, direct developer contributions, external contributions or other. The Finance Department will complete the remaining financing breakdown;

b) An identification of operating impacts/expenditures that result from the capital project, including any additional transfers to reserves required due to increased need for replacement of new equipment and/or new facility components that will be required in the future. At least one full year of operating costs/revenues will need to be estimated. Any savings due to upgrades should be identified.

Capital Budget Priority Ranking Process • Capital budgeting requires Staff and Council to allocate the

scarce financial resources of the Municipal to meet the needs of the Municipal in the present and future. As a principle, the "best interests" of the community as a whole should be at the core of all capital budgeting decisions.

• Staff will rank projects to assist in the determination of which

projects should be recommended to be included in the Capital Budget. Any new capital project, that is a capital project that is not replacing or rehabilitating an existing capital asset, should be accompanied by a business case report which will form part of the capital budget document and will be in the form prescribed by the Treasurer.

OPERATING AND CAPITAL BUDGETING POLICY • The following rankings shall be used to prioritize capital projects:

"5 Star"

o Legislative requirements. The projects must be completed to meet statutory or mandated initiatives and are the highest priority for funding. Items included in this ranking are mandated accessibility requirements, minimum maintenance standard requirements;

"4 Star" –

o Committed projects. Projects that have already commenced and are simply a continuation from a prior year(s);

o Serious threat to Public Health and Safety. There is a recognized health and safety issue that could place the Municipal in a situation of high risk if not for immediate corrective action;

o Phased project. A project, that if not completed, would preclude continuation of another project, result in the loss of external funding opportunities or is a corollary project that is fiscally efficient (e.g. replacement of sewer at same time as road reconstruction);

o Dependent project. A project that would preclude growth if not completed; a project that is tied to one in another jurisdiction and will minimize public disruption or be fiscally efficient;

o Critical lifecycle maintenance items. These are projects that can no longer be put off;

"3 Star" o Serious lifecycle maintenance items. These are

projects where there may be a one or two-year period before it becomes critical;

"2 Star" o Lifecycle maintenance items. These are projects where

there may be three to four budgetary periods before it becomes critical;

o Operating cost reduction or efficiency. The project will reduce net current and future operating or maintenance costs. The payback period must be less than five years;

"1 Star" o General benefit to the Municipal. These projects would

have general benefit to the community as a whole but may not have any funding. These are "nice to have" items;

o Lifecycle maintenance items. These are projects where there is a period of more than four years before they would be deemed critical;

OPERATING AND CAPITAL BUDGETING POLICY

"No Stars" o These projects would be recommended for postponement or

elimination because they require further development of the justification of benefit, need, proper timing or adequate funding;

Capital Budget Process Capital budget project requests will be reviewed and approved for presentation to Council as follows:

• Staff will identify the projects and submit their capital project sheets to the Treasurer;

• The Treasurer will meet with each department to verify timing, costs and identify external funding sources (grants, subsidies, fundraising, donations);

• Finance staff will review for internal funding sources such as transfer from operating and reserves, development charges, reserve funds and debentures;

• The Senior Leadership Team will meet to rank each project; • All projects submitted will be included in the capital budget

document; • Finance staff will compile the appropriate continuity and cash

flow schedules and annual capital budget summaries to be incorporated into the budget document;

• The Senior Leadership Team will review the compiled capital budget and schedules for accuracy and completeness;

• Capital budgets will be presented to Council for approval with the associated operating estimates and business plans.

Capital Spending Before the Budget Approval Until the Capital Budget has been approved by Council, no department will begin any capital project that was not authorized in prior years unless:

• Approval was granted by council through a report outside of the budget process prepared by the Director requiring the expenditure or the Treasurer;

• An emergency occurs requiring capital repairs and the purchase was approved through the processes outlined in the Municipal's Procurement Policy.

Capital Budget Reporting • A monthly financial detail of the capital budget will be provided to

council beginning the second month after the approval of the Capital Budget.

OPERATING AND CAPITAL BUDGETING POLICY • A summary listing of capital budgets will be provided to

Directors with the monthly operating statements. • Any capital project that has a variance in excess of 5% or

$10,000 (whichever is more) shall have an explanation as part of the monthly reporting to Council.

Authority for Budget Changes • Where authority has been given in the Capital Budget for a

particular project, and an increase to the approved amount is needed, the approval amount is authorized to reallocate funds from one project to another as detailed below:

c) The Treasurer may approve, including the source of financing:

o Up to $25,000 for all projects; o If no other capital projects for the affected department have

been approved, the amount may be transferred from the operating budget of that department;

o If an operating transfer is required and the department does not have sufficient operating budget available, the Treasurer may request other departments to review their capital and operating budgets to determine if there are any amounts that could be transferred.

d) Council approval is required, including the source of financing for:

o Project over expenditures in excess of $100,000 of budget. o Any capital project to be added or cancelled.

• A summary of budget changes to the amount, in accordance with

sections 30 and 31 above, will be provided to Council with the monthly financial report.

Project Completion

• No later than 60 days after the completion of the project, the

Director, or designate, is to advise the Treasurer that the project is complete.

Municipal Policy - Tax Rate Increases

• The Municipality faces fiscal pressures from increasing costs

of operating while relatively limited revenue sources are available legislatively. The primary source of sustainable revenue is through the collection of property taxes.

• The Municipality will budget to ensure that tax rate increases are reasonable and affordable, while still

OPERATING AND CAPITAL BUDGETING POLICY maintaining the level of service that Council and residents expect.

• The annual tax rate increase shall be within a range set by:

o At the low end, 75% of The Consumer Price Index year over year change for the Province of Ontario as at September 30 for the year prior to the budget year (e.g. September 30, 2020 for the taxation year 2021); and

o At the high end, 150% of The Consumer Price Index year over year change for the Province of Ontario as at September 30 for the year prior to the budget year.

POLICY REVIEW This policy shall be reviewed prior to the initiation of the budget process of the first year of each term of Council, or if deemed necessary by Council.

Treasury Department

Content Updated: NEW

Section: Finance & Accounting Supersedes Policy:

Policy No: F&A 14-2020 Approved by Council: June XX, 2020 Resolution: 2020.XX.XX Pages: 1 of 11

RESERVE AND RESERVE FUNDS POLICY PURPOSE

The purpose of this policy is to establish consistent principles, standards and guidelines for the maintenance, management and accounting of reserves and reserve funds.

SCOPE The Reserves and Reserve Funds Policy applies to all reserves and reserve funds established by the Municipality of Dutton Dunwich.

OBJECTIVES The primary objectives for reserves and reserve funds shall be: • Adherence to statutory requirements • Promotion of financial stability and flexibility • Provision for major capital expenditures • Smooth expenditures which would otherwise cause

fluctuations in the operating budget; and • To take advantage of financial opportunities that may arise.

This policy establishes the objectives for reserves and reserve funds, standard of care, as well as it delineates the responsibilities for their management and administration. Under section 417(1) of the Municipal Act, municipalities have the authority to provide for reserve funds in annual budgets for any purpose for which it has the authority to spend money.

DEFINITIONS

a) “Deferred Revenue” means revenue that is considered a liability on the Municipality’s financial statements until, over time, it becomes relevant to current operations, such as prepayment received for something that has not yet been provided. Deferred revenue is set aside in an obligatory reserve fund for a specific purpose by legislation, regulation, or agreement. Development charges and federal gasoline tax are examples of deferred revenue.

b) “Discretionary Reserve Fund” means reserve funds created at

the discretion of Council whenever revenues are earmarked to finance future expenditures of a purpose designated by Council. Revenues set aside for acquisition of fixed assets is an example of discretionary reserve funds.

c) “Obligatory Reserve Fund” means reserve funds that are required by legislation or agreement to be segregated from the Municipality’s general revenues for a special purpose or for works to be undertaken on behalf of the contributors. These funds are classified

RESERVE AND RESERVE FUNDS POLICY in the financial statements as “Deferred Revenue”. Development Charges and Cash-Lieu-of Parkland are examples of obligatory reserve funds.

d) “Reserve” means an allocation from net revenue at the discretion

of council, after the provision for all known expenditures, as part of an overall strategy for funding programs and projects that are set out in the annual budgets or budget forecasts, and is authorized under the provisions set out in the Municipal Act. It has no reference to any specific assets and does not require the physical segregation of money or assets. Reserves are part of a revenue fund and therefore, do not earn interest on their own. Any earnings derived from the investment of reserves’ money are reported as revenue in the operating fund. Revenues set aside for working funds is an example of reserves.

e) “Reserve Fund” means a fund with assets which are segregated

and restricted to meet the purpose of the reserve fund. It is based on a statutory requirement or defined liability payable in the future and is usually prescriptive as to the basis for collection and used of monies in the fund. All interest earnings derived from such funds must form part of the reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds.

ROLES AND RESPONSIBILITIES

Municipal Council a) In accordance with the Municipal Act 2001, Section 224 develop

and evaluate policies, ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place and maintain the financial integrity of the municipality.

b) Approve transactions to and from reserves and reserve funds

through the budget process or by specific resolution and/or by-laws. Treasurer a) Develop and update this policy as necessary and present changes

to Council; b) The Treasurer will retain the overall authority for establishing

and managing reserves and reserve funds and may delegate this authority in writing when applicable.

c) Ensure that the principles and requirements contained in this policy are applied consistently across all departments;

d) Perform the transfers to and from reserves and reserve funds as authorized by Council;

e) Recommend strategies for the adequacy of reserve levels; f) Report to Council the reserve balances and forecast as part of the

RESERVE AND RESERVE FUNDS POLICY annual budget approval process.

g) Develop long range fiscal planning strategy to effectively meet the Corporation’s capital financing and capital asset replacement requirements.

h) Monitors and reconciles all receipts to and disbursements from reserve and reserve fund accounts to ensure compliance with provincial regulations, PSAB and this Policy;

i) Determines need for reserves and reserve funds for operating and capital operation;

j) Ensures a review and report to Council of the adequacy and continuing need for reserves and reserve funds is undertaken when deemed necessary;

k) Adherence to the Federal Gas Tax Agreement and the Ontario Community Infrastructure Fund Agreement;

l) Arranges for the preparation and presentations of required reports and/or bylaws for the creation or termination of any new or obsolete reserve or reserve funds; and

m) Develops appropriate strategies, procedures and processes for the investment of reserves and reserve funds;

Department Heads a) Provide the Treasurer with the most current capital asset

information to be used in the assessment of the adequacy of capital lifecycle reserves;

b) Inform the Treasurer when reserve or reserve funds transfers are required; and

c) Consult with the Treasurer when reserve funds are required for unbudgeted transactions.

PROCEDURES Establishment of Reserves and Reserve Funds

Reserves will be maintained in the following categories:

1. Working Funds 2. Operating 3. Capital

Reserves can be established through the following processes:

1. Inclusion in the annual budget which is approved by Council; or 2. Through resolution of Council.

The budget document or resolution will clearly identify the name of the reserve being created and the purpose for the reserve. A reserve may be amended through resolution. Reserve Funds will be maintained in the following categories:

1. Discretionary a) Capital b) Operating

2. Obligatory a) Statutory b) Trusts c) Contractual

Council, on the recommendation of the Treasurer, may establish a discretionary reserve fund and shall establish an obligatory reserve fund. A reserve fund can be recommended only if at least one of the following applies:

a) A mandatory obligation exists, either pursuant to legislation or contract;

b) The funds are intended for purchasing or maintaining capital assets;

c) The funds are donated for a specific purpose; and/or d) The funds are intended to fund a future liability.

A report which recommends the establishment of a reserve fund must include the following:

a) Statement of purpose; b) Rationale for the appropriate level to be maintained or

targeted in the reserve; c) Initial contribution; and d) Contribution policy.

A Discretionary Reserve Fund will be established through by-law. The by-law will clearly identify the name of the reserve fund, the funding method and the purpose for the reserve fund. A reserve fund can only be used for the identified purpose, unless the Council amends or repeals the establishing by-law. An Obligatory Reserve Fund is established through either terms of an agreement which is entered into by the Municipality or through legislation from a higher level of government. Obligatory Reserve Funds will be added to the summary of Reserve Funds. Approval Approval of funding to and from the reserves and reserve funds will be in accordance with the Municipality’s budgets and reports to Council as referred to above.

Investment of Reserves and Reserve Funds Reserves and reserve funds may be invested for a term that will not exceed its expected date of need. The related investment income will be credited monthly to the specific reserve or reserve fund according to its proportionate share of the investment portfolio and based on the weighted average return for realized income during the month. Investments shall be further governed by the Corporation’s Investment Policy. Contributions to/withdrawals from Reserves and Reserve Funds All contributions to and/or withdrawals from reserves and reserve funds shall be approved by Council, normally as part of the annual budget approval process or specifically by resolution with the following exceptions:

a) Direct contribution to reserve and reserve fund such as settlement in account of prior year events;

b) Transfers that are the direct result of the year end surplus/deficit;

All contributions to and/or withdrawals from reserve and reserve funds will be clearly identified and segregated within the Corporation’s accounting system and accounted for by either an entry or to or from an operating cost center or a capital project. Funding strategies developed for reserves and reserve funds will take into account fairness to current and future tax/rate payers.

Timing of Contributions to and Transfers from Reserve and Reserve Funds Contributions to reserves and reserve funds as approved in budgets will be transferred to the reserves on an annual basis in September. Transfers to capital projects as approved in budgets will be done in September, December and during the year end process to ensure actual reserve allocation equals actual expenses incurred. Transfers from a reserve fund will not occur if the transfer will put the reserve in a negative balance. Final reserve and reserve fund transfers will be based on actual expenditure costs rather than budgeted amounts. Transfers to operating jobs as approved in the budgets will be done during the year end process to ensure actual reserve allocation equals actual expenses incurred. Closing Reserves and Reserve Funds If the purpose or purposes for which the reserve or reserve fund was created have been accomplished and the reserve or reserve fund is determined to be no longer necessary, the Treasurer, in consultation with the Department Head and, shall report to Council with the recommendation on:

a) The closure of the reserve or reserve funds b) The disposition of any remaining funds c) The necessary Amendment to the Reserve by-law

A resolution of Council to close a reserve. The By-law establishing the reserve fund will be required to be repealed in order to close a reserve fund. Allocation of Operating Surplus/Deficit 1. The Treasurer shall transfer year-end operating surpluses to the

working fund reserve, departmental capital projects carry forward reserve or operating projects carryforward reserve unless a recommendation is made to Council for an alternative reserve fund. The Treasurer shall recommend to Council an appropriate reserve allocation of any ear-end operating deficit.

2. Year-end water and wastewater surplus will be allocated to the appropriate water and wastewater reserve. Deficits will be funded from the water and wastewater reserve.

Interest Allocation 1. Reserve funds will be invested in accordance with the

Municipality’s approved investment policy. Earnings shall be credited to each separate reserve bank account that invested the funds.

2. Where multiple reserve funds are included in one bank account, interest shall be allocated to reserve funds on a monthly basis based on the actual balance of the reserve fund.

3. Reserves shall not be invested and are not allocated interest. Temporary Borrowing Temporary borrowing from reserves and reserve funds is permitted to cover a reserve short-term deficit, to temporarily finance capital fund expenditures or operating cash flow deficiencies to avoid external temporary borrowing cost provided that the following conditions must be met:

a) Borrowing must not adversely affect the intended purpose of the reserve;

b) A plan to repay the reserve within a reasonable timeframe is required;

c) Interest, equivalent to the Municipality’s interest of reserve fund bank accounts, will be applied to outstanding amounts borrowed.

d) Where applicable, legislative requirement may apply. For example, the Development Charges Act permits inter-fund borrowing only between development charge reserve funds and prescribes a minimum interest rate (i.e. Bank of Canada prime rate).

Annual Reporting

1. An annual continuity schedule will be included in the budget package created and provided to Council each year.

2. Year-end audit and financial statements - balances of reserves, both obligatory and discretionary reserves and reserve funds will be presented with note disclosure and comparative figures as required to meet PSAB reporting standards.

3. When required, reporting to Council or other agencies may exist for reserved residual balances related to grants or other contributed funds e.g. Federal and Provincial Grants.

Classification/Categories and list of Reserves and Reserve Funds Schedule A: Classification and Categories Schedule B: Listing of the Municipality Reserves\

Schedule A: Classification and Categories of Reserves

Schedule B: Listing of Reserves

Reserves Categories Purpose Funding Source Notes

Working Capital Working Fund To assist in periods throughout the year when cash balances are low and there is a requirement to cover payments and expenses, before tax levies, grants and other revenues become available

Allocation of Year End surpluses

The use of these funds are general in nature and this balance is intended to act as cash float. Capital projects and transfer do not occur for these funds

Fire Purposes Capital

To fund replacement of fire vehicles and equipment

Established annual operating contribution

Road Purposes Capital To fund refurbishment, rehabilitation and replacement costs associated with Bridges, culverts and roads infrastructure

Funding through budgeted contribution plus surplus if applicable

Medical Centre Capital and Operating

To fund major capital repairs or rehabilitation expenses

Funding through annual departmental surplus if applicable

Components include roof, HVAC, electrical, etc.

Sewer Purposes Capital and Operating

To fund maintenance and replacement of wastewater facilities and linear assets. It is also used to finance the non- growth component of new wastewater assets and has provided wastewater rate stabilization from year to year.

Funding is a result of surcharges on the wastewater user rate. In addition, any surplus in the wastewater annual operating budget has been contributed to supplement the reserve balanc

Reserves Categories Purpose Funding Source Notes

Water Purposes Capital and Operating

To fund maintenance and replacement of water facilities and linear assets. It is also used to finance the non- growth component of new water assets and has provided water rate stabilization from year to year

Funding is a result of surcharges on the water user rate. In addition, any surplus in the water annual operating budget has been contributed to supplement the reserve balance

Landfill Purposes Capital To fund major maintenance and replacement of waste management facilities and landfill rehabilitation

Funding through Landfill surplus

Recreation Purposes

Operating and Capital

To fund major capital repairs or rehabilitation expenses

Funding through annual departmental surplus if applicable

Components include roof, HVAC, electrical, etc.

Tri County Operating and Capital

To fund Dutton Dunwich share of major capital repairs or rehabilitation at the Tri County system

Funded through Tri County surpluses

Tree Planting Operating To fund tree planting operations

Funding through annual departmental surplus if applicable

Trans Canada Trail

Operating Funded through donations

South Dunwich Hall

Operating and Capital

To fund major capital repairs or rehabilitation expenses

Funding through annual departmental surplus if applicable

Components include roof, HVAC, electrical, etc.

Reserves Categories Purpose Funding Source Notes

Library Operating and Capital

To fund major capital repairs or rehabilitation expenses

Funding through annual departmental surplus if applicable

Components include roof, HVAC, electrical, etc.

Dutton Recreation

Capital To finance capital recreation projects in the former Village of Dutton.

Established from the sale of the former Dutton Hydro.

Election Operating To finance expenses related to elections avoiding disproportionate burden on levy in an election year

Established annual operating budget contribution

The transfer to operating in an election year should deplete this reserve. Any unexpected balance is carried forward in the reserve

Contingency Operating To fund tax revenue shortfalls, one time expenditures, as well as other contingencies such as MPAC appeals

Established annual operating budget contribution.

This reserve represents a non-sustainable source of annual funding and not recommended for use on a routine basis to reduce annual tax rate.

Parkland Statutory: Planning Act

This reserve is dedicated for the purchase and development of parkland in developing areas and redeveloping areas and/or support the upgrading of existing parks/facilities provided the need to upgrade is due to intensification of the surrounding neighborhood

Developer contributions received in lieu of land being conveyed to the Municipality for parkland requirements as per Planning Act

Dependent on overall development and re- development

COVID-19 Pandemic MECG Meeting #9 May 28, 2020 – 2:00 p.m.

In Attendance: Bob Purcell – Mayor Tara Kretschmer – CEMC Heather Bouw – Clerk/Alternate CEMC Katie Morreau – EIO Jenn Babcock – Alternate EIO Joe McMillan – Treasurer Chief Bill Menzie – Municipal Enforcement Unit Regrets: Mike Hentz – Deputy Mayor

Opening of Meeting The CEMC welcomed everyone.

Status Update Canada: 87,891 cases

Ontario: 26,866 cases, 20,673 resolved

Southwestern Public Health: 73 cases, 60 resolved cases, 0 active cases in Dutton Dunwich

Provincial updates include:

• Ontario Tools Grant available to help eligible apprentices purchase equipment needed to start their careers and they are forgiving $10 million in outstanding loans

• Announced an investigation into the worst hit Long Term Care Homes • Emergency Orders extended to June 9P

th

MECG Member Update None.

Discussion Items SWIONA MX Park Chief Menzie explained that they are currently only allowing 10 people at a time to be on the track while other tracks are allowing a lot more than that. The owner of provided a guideline from Motorsport Racing Canada. Chief Menzie recommended raising the number of riders to 20-25, and requesting that riders bring their own supplies and only allow spectators in the pits if they are there for parental supervision.

Service Ontario Reopening The Clerk reported that West Elgin and McNaughton’s will require additional time to re-open Service Ontario. The new proposed opening date will be June 15P

thP.

Municipal Office Reopening Layout The Committee reviewed the draft layout of the Municipal Office reopening. Kate Morreau stated that concerns are being addressed and supplies have been ordered. The Clerk noted that Elgin County and lower tier municipalities are anticipating a coordinated reopening date and is not expected prior to July.

Permanent Signage The Committee discussed the purchase of permanent signage as the Pandemic will likely be ongoing for a long period of time. Staff are directed to install permanent signage as needed.

Cooling Centres The CEMC explained that with this week’s heat wave cooling centres or an alternative might be needed in the future with the pool closed and splash pad possibly closed. The Committee members decided not to open any cooling centres at this time.

Q & A None.

Adjournment The meeting adjourned at 2:30 p.m.

COVID-19 Pandemic MECG Meeting #10 June 4, 2020 – 2:00 p.m.

In Attendance: Bob Purcell – Mayor Mike Hentz – Deputy Mayor Tara Kretschmer – CEMC Katie Morreau – EIO Jenn Babcock – Alternate EIO Joe McMillan – Treasurer Regrets: Heather Bouw – Clerk/Alternate CEMC

Opening of Meeting The CEMC welcomed everyone.

Status Update Canada: 93,441 cases

Ontario: 29,403 cases, 23,208 resolved

Southwestern Public Health: 75 cases, 6 active cases, 0 active cases in Dutton Dunwich

Federal updates include:

• Announced that gas tax funding for 2020 and 2021 will be issued to municipalities in one lump sum

• Funding for seniors will be available the week of July 6th

Provincial updates include:

• Backcountry camping is allowed at Ontario Parks and on Crown Lands starting June 1, includes the expansion of day activities to include picnicking and off-leash pet areas

• Fixed electricity price has been extended to October 31 • Infectious Disease Emergency Leave has been extended – will expire 6 weeks

after the termination of the declared emergency • Emergency declaration extended to June 30P

th

MECG Member Update Mayor Reported that even though penalties have been deferred until September 1P

stP many

residents were still able to pay their taxes. A press release thanking residents will be composed.

Discussion Items Medical Centre Reopening Plans Tenants at the Medical Centre, County Care Massage, FYI Eye Doctors and Listen Up have begun plans for reopening. Staff will review the proposed plans as well as send to Medical Centre staff for review. Tenants requested that municipal staff purchase PPE for them and then reimburse the municipality. Staff will make a starting amount of PPE available and provide a supplier list from Southwestern Public Health so tenants may purchase their own supplies. The MECG agreed that rent could be waived for the month of June for medical centre tenants and that waiving of July rent would be discussed at a later date. Staff are directed to look into solutions to the air conditioning issues.

Summer Camps Update The CEMC reported that summer camps will be allowed to open the months of July and August with no overnight stays. The MECG discussed offering summer camp and will defer any decisions until August.

Splash Pad Reopening In preparation for possible splash pad opening the MECG discussed opening of public washrooms in the Sons of Scotland Park. If the splash pad opens, washrooms will also open with the appropriate signage regarding sanitization of the facilities. At this time they will remain closed.

Service Ontario Reopening The Treasurer reported that changes have been made to the reopening layout due to an accessibility concern. The date of opening remains June 15P

thP in coordination

with West Elgin.

Library Reopening The CEMC reported that Elgin County will begin their Library reopening which includes: limited hours of operation, curbside pickup, walk-up pickup, contactless home delivery and mail by Canada Post.

Q & A Mayor Purcell applauded the Recreation department for their continued effort. The Canada Day Lawn decorating contest is trending with other municipalities.

Adjournment The meeting adjourned at 2:40 p.m.

TO: Mayor and Members of Council

FROM: Jenn Babcock, Recreation and Administrative Assistant

DATE: June 10, 2020

SUBJECT: Recreation Update – May 2020

FOR INFORMATION:

Multi-purpose Pad

Locate flags have been placed in the Sons of Scotland Park marking the location of the multi-purpose pad.

New Horizons for Seniors Grant

The monthly Joy Club has been approved and additional planning has begun. With the current emergency restrictions in place an extension has been granted until March 2022 for this program and events may look different from the previous plan.

Canada Day

This event will be virtual in 2020. The event will include crafts, trivia, flag raising, O Canada, Greetings and Canadian treats. The “You Might be Canadian” Canada Day lawn decorating contest has launched and details added to Facebook and the municipal website.

Kid’s Korner Recreation

A web page is being designed for the municipal website that will include theme based activities. Once the web page is live it will be linked for Facebook.

Going Gold for Grad

Parents of grads can register their child to have a small gift delivered. Parents will be asked to submit photos to be used in a slideshow on Facebook. The gazebo at Centennial Park will be decorated for photo sessions. Photo sessions will be registered to make sure that physical distancing and gathering requirements are being followed. Katie Hunter of Love in My Jar photography is interested in being a part of this project.

Respectfully Submitted Approved for Submission

Jenn Babcock Heather Bouw Recreation and Administrative Assistant Clerk

By-Law No. 2020-38

A BY-LAW TO AUTHORIZE THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH TO ENTER INTO AN AGREEMENT WITH THE

CORPORATION OF THE COUNTY OF ELGIN FOR SHARED SERVICES OF A FIRE TRAINING OFFICER/COMMUNITY EMERGENCY MANAGEMENT

COORDINATOR

WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25 the powers of a municipality shall be exercised by by-law; and

WHEREAS the Corporation of the Municipality of Dutton Dunwich wishes to enter into an agreement for shared services for a Fire Training Officer/Community Emergency Management Coordinator;

NOW THEREFORE the Municipal Council of the Corporation of the Municipality of Dutton Dunwich enacts as follows:

1. THAT the Municipality of Dutton Dunwich enters into an agreement for shared services of a Fire Training Officer/Community emergency Management Coordinator; and

2. THAT the Mayor and Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the Municipality of Dutton Dunwich; and

3. THAT a copy of said agreement, marked as Schedule “A”, shall remain attached to and form part of this by-law; and

4. THAT By-law #2020-10 to Authorizing the Corporation of the Municipality of Dutton Dunwich to Enter into an Agreement with the Corporation of the County of Elgin for Shared Services of a Fire Training Officer/Community Emergency Management Coordinator be rescinded; and

5. THAT this by-law shall come into force and effect on the final passing thereof.

READ a first and second time this 10P

thP day of June, 2020.

READ a third time and finally passed this 10P

thP day of June, 2020.

__________________________________ Robert (Bob) Purcell, Mayor

__________________________________ Heather Bouw, Clerk

This Agreement made effective this 1st day of June, 2020.

BETWEEN:

CORPORATION OF THE COUNTY OF ELGIN (hereinafter “Elgin”)

Of The First Part

AND:

THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter “Bayham”)

Of the Second Part

AND:

THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH (hereinafter “Dutton Dunwich”)

Of the Third Part

AND: THE CORPORATION OF THE TOWNSHIP OF MALAHIDE

(hereinafter “Malahide”) Of the Fourth Part

AND:

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD (hereinafter “Southwold”)

Of the Fifth Part

AND:

THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN (hereinafter “West Elgin”)

Of the Sixth Part

WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, (hereinaf-ter “FPPA” or “Act”) sets forth the obligations of, among others, local municipalities for the pro-vision of, among other things, fire protection services;

AND WHEREAS fire protection services includes, by definition, fire prevention and fire safety education as well as the training of persons involved in provision of such services;

AND WHEREAS the Act, by section 2(2), contemplates that, in discharging its statutory responsi-bilities, a local municipality shall establish fire departments;

AND WHEREAS the local municipalities within the territorial limits of the County of Elgin (here-inafter “local municipalities” and “Elgin”, respectively) have established fire departments as contemplated by the Act, which fire departments operate under the leadership, guidance, and supervision of a Fire Chief appointed by each such local municipality (hereinafter “local Fire Chief” or, collectively, “local Fire Chiefs”;

AND WHEREAS the Act, by section 9(2), provides that it is the duty of the Fire Marshal to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection ser-vices;

Schedule "A" to By-law #2020-38

AND WHEREAS the Act, by section 10(1), provides that the Fire Marshal may delegate any power or duty that is granted to or were vested in the said Fire Marshal under the Act to any person or class of persons, subject to such limitations, restrictions, conditions, and require-ments as may be set forth in such delegation; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, contemplates and provides for agreements between municipalities for the provision of services which each such municipality is required to deliver and provide within its own territorial limits; AND WHEREAS Elgin proposes to employ and appoint a Fire Training Officer/Community Emer-gency Management Coordinator (hereinafter “Officer”) as a resource person qualified and able, among other things, to assist in the development, co-ordination and delivery of required train-ing and education programs for fire service personnel, including special teams, in support of and associated with local fire training programs implemented under the direction and authority of local Fire Chiefs; AND WHEREAS the contracting local municipalities have agreed, to the extent each such munic-ipality may, in its unfettered discretion may determine, to utilize the services of such Officer to assist in the development, coordination, and delivery of required training and education pro-grams for local fire service personnel, including special teams, in support of and associated with local fire training programs implemented under the direction and authority of local Fire Chiefs; AND WHEREAS Elgin and the contracting local municipalities identified above have reached consensus and agreement as the terms and conditions by which the Officer, as a resource per-son only and to the extent that each such local municipality shall, in its unfettered discretion may determine, shall provide assistance to local Municipal Fire Chiefs in development, coordi-nation, and delivery of required training and education programs in support of and associated with local fire training programs implemented under the direction and authority of such local Fire Chiefs; NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by the Parties hereto each to the other and the mutual promises and covenants hereinafter con-tained, the receipt and/or sufficiency of which is hereby acknowledged, the Parties hereto agree and covenant as follows: 1.0 Definitions 1.1 “Officer” means the Fire Training Officer/Community Emergency Management Coordinator employed by Elgin and thereafter utilized from time to time by the local municipalities identi-fied above through provision of resource assistance to a local Fire Chief in the development, co-ordination, and delivery of required training and education programs for local fire service per-sonnel. 1.2 “Fire Chief” means the local Fire Chief for each of the local municipalities who are Parties to this Agreement, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin. 1.3 “Contracting local municipalities” means, collectively, the Parties to this Agreement other than Elgin and, as individually named, Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin. 2.0 Appointment and General Statement of Services 2.1 During the indefinite term that this Agreement is in effect, but at all times in its unfettered discretion, Elgin will employ and appoint the Officer, whose express duties shall include render-ing of assistance to any local Fire Chief for any of the Parties hereto for the purpose of the de-velopment, coordination, and delivery of required training and education programs for local Fire Service personnel, including special teams.

2.2 For purpose of clarity and with respect to the statement of services set forth and described in section 2.1 above, the Parties hereto acknowledge and agree both that:

(i) the services available from an provided by the Officer shall be in the nature of a re-source only, particularly and specifically to any local Fire Chief; and,

(ii) the nature and extent of use of such services and/or reliance thereon, if any, shall be

in the discretion of the local municipality and/or the local Fire Chief. 3.0 Services 3.1 For purposes of this Agreement, the Officer shall be available to provide the services set forth in Schedule ”A” hereto to each and every local municipality through its local Fire Chief. 4.0 Limitation on Service Hours 4.1 Subject to contrary direction from the Chief Administrative Officer for Elgin for reason of, among other things, statutory holidays, authorized vacation, and/or competing service priori-ties, the Officer shall be available to provide services to the local municipalities, including but not necessarily limited to a local Fire Chief, for up to twenty (20) hours per week, between the hours of 8:30 AM and 4:30 PM, daily. 5.0 Monitoring of and Reporting by the Officer 5.1 Subject to that set forth in section 5.2 below, the Parties hereto specifically acknowledge and agree that, as an employee of Elgin, the primary reporting function and supervision re-quirement for the Officer is to the Chief Administrative Officer for Elgin. 5.2 Notwithstanding that set forth in section 5.1 above, the Parties hereto specifically agree that, for purposes of this Agreement and the provision of services as contemplated hereunder, the relevant activities of the Officer shall be monitored by each involved local Fire Chief and the results of which monitoring shall be reported, in writing, by such local Fire Chief to the Chief Ad-ministrative Officer of the local municipality or, if none, the Clerk of such local municipality and which written report, without revision, shall then be forwarded to the Chief Administrative Of-ficer for Elgin, following which the said Chief Administrative Officers (or Clerk) shall be at liberty to discuss the contents of such written report. 6.0 Records 6.1 The Officer shall create and maintain records detailing his or her activities as contemplated by this Agreement, including but not limited to those required by FPPA or any other statute, regulation, or by-law and/or as otherwise detailing the hours of resource work devoted to the benefit of, or on behalf of, each local municipality during any specific workday. 6.2 The records referred to in section 6.1 above shall be maintained by Elgin in accordance with its retention policies and protocols and, furthermore and upon reasonable notice, each of the Parties hereto shall have access to such records upon demand and during normal business hours of Elgin and, further thereto, each such other Party shall be permitted to photocopy any such record relating to the services rendered by the Officer to the Municipality through its local Fire Chief. 6.3 In addition to the creation and maintenance of records by the Officer and Elgin as set forth in sections 6.1 and 6.2 above, the contracting local municipalities, through its local Fire Chief, shall each maintain its own records of training and education programs delivered to its local Fire Service personnel and for which the Officer provided assistance as contemplated by this Agreement, including but not limited to the results of such training and education programs and any certification achieved or earned by any individual member of the said local Fire Service.

7.0 Payment for Services Through Levy to Local Municipalities 7.1 The Parties hereto acknowledge and agree that all costs and expenses associated with em-ployment of the Officer for purposes of delivery of services as contemplated by this Agreement shall be borne, in the first instance, by Elgin. 7.2 The Parties hereto further acknowledge, agree, and understand that, notwithstanding the financial responsibility borne by Elgin for the costs and expenses of the Officer as set forth in section 7.1 above, the said costs and expenses associated with employment of the Officer for purposes of delivery of services as contemplated by this Agreement shall be reimbursed to Elgin by the local municipalities through inclusion of an equal share of such costs and expenses in the annual municipal levy by Elgin, as the upper tier municipality, to each such other Party, as lower tier municipalities, as well as the Corporation of The Town of Aylmer and The Corporation of the Municipality of Central Elgin, as non-contracting local municipalities. 7.3 The Parties hereto further agree that, other than reimbursement of costs and expenses as set forth in section 7.2 above, Elgin shall not charge the contracting local municipalities for de-livery of services as contemplated by this Agreement by the Officer; provided at all times that Elgin shall be entitled to charge and shall invoice any contracting local municipality, or combina-tion thereof, for any external cost or expense incurred by Elgin, through the Officer, as associ-ated with the delivery of a service or services to any contracting local municipality or municipal-ities, as the case may be, including but not limited to any cost or expense incurred for an out-side consultant or service provider, but at all times which cost or expense had been authorized by the involved local Fire Chief or Fire Chiefs before such cost or expense has been incurred by Elgin through the Officer. 7.4 In the event that Elgin shall incur an external cost or expense as set forth in section 7.3 above,

(i) Elgin shall deliver an invoice to each involved contracting local municipality, which invoice shall include a photocopy of any documentation supporting the nature and amount of such external cost or expense, and each such local municipality shall pay the amount of such invoice to Elgin within thirty (30) days of its delivery; and,

(ii) In the event that the external cost or expense invoiced by Elgin is associated with de-

livery of a service to more than one contracting local municipality, then the amount of such external cost or expense shall be shared proportionally based upon partici-pation by each of the involved local municipalities and the principal amount of any invoice issued by Elgin shall be in the amount of such proportional share.

8.0 Term 8.1 The Parties hereto specifically acknowledge and agree that, in light of the unique circum-stances and subject matter of this Agreement, including but not limited to reimbursement of all costs and expenses associated with the employment of the Officer through the annual munici-pal levy by and the absence of mandatory requirement for any contracting local municipality to utilize the services of the Officer, this Agreement shall commence on the 1st day of June, 2020, but shall have no specific end date and, as such but subject to section 9.0 below, shall be of an indefinite term. 9.0 Termination/Suspension 9.1 Elgin shall be at liberty to terminate this Agreement at any time and without notice to any other Party hereto in the event that it no longer employs the Officer, which such termination shall be without compensation payable by or liability against Elgin, save and except for credit for any unused share of the municipal levy paid by any other Party hereto in accordance with section 7.0 above as based upon number of days of any calendar year during which the Officer was no longer employed by Elgin.

9.2 Any Party hereto, other than Elgin, shall have no right to terminate or withdraw from this Agreement. 9.3 In addition to that set forth above and without compensation payable to or liability against Elgin, Elgin shall be at liberty to suspend the availability of the Officer to provide services as contemplated herein to any other one or combination of contracting local municipalities hereto if Elgin, in its unfettered discretion, determines that the Officer has been the victim of harass-ment, unfair treatment, discrimination, or conduct constituting a violation of any term of em-ployment or employment policy applicable to the Officer’s employment by Elgin by any such one or combination of local municipalities, which suspension shall be continued and/or termi-nated only in the discretion of Elgin. 9.4 Notwithstanding the rights and terms of termination and/or suspension as set forth in sec-tions 9.1 and 9.3 above, Elgin agrees and commits to use reasonable effort to provide prior no-tification of its decision to terminate and/or suspend the within Agreement to any involved lo-cal municipality or municipalities adversely affected by such decision. 10.0 Insurance/Save Harmless 10.1 Throughout the indefinite term that the within Agreement is in effect, Elgin shall ensure that the activities of the Officer as contemplated herein shall be insured in accordance with its practices for insuring its employees, including but not limited to liability coverage to a limit of not less than $5,000,000.00 per occurrence. 10.2 Throughout the indefinite term that the within Agreement is in effect and without preju-dice to the obligations of insurance as set forth in section 10.1 above, Elgin agrees to hold harmless and indemnify each of the other Parties hereto, as a contracting local municipality and including but not limited to their respective Mayors, Councillors, administration, staff, employ-ees, consultants, servants, agents, and contractors and further including those persons’ heirs, executors, successors, and assigns, against and in respect of any and all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or entity, or combination thereof, as arising from or in any way connected with or related to any activity of the Officer as taken in bad faith or otherwise not in accordance with the provisions of this Agreement. 10.3 Throughout the indefinite term that the within Agreement is in effect and in relation to the activities of the Officer as contemplated herein, each local municipality as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin, shall, at its own ex-pense, obtain and maintain insurance coverages, including but not limited to liability insurance coverage, in accordance with its insuring practices for its own employees, servants, agents, con-sultants, and contractors but at no time to a limit of less than $5,000,000.00 per occurrence, including but not limited as to perils covered, policy limits, deductibles, and exclusions, at all times providing that both Elgin and the individual Officer shall be named as additional insureds under the terms of such policy or policies. 10.4 Throughout the indefinite term that the within Agreement is in effect and without preju-dice to the obligations of insurance as set forth in section 10.3 above, each local municipality as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin, also agrees to hold harmless and indemnify Elgin, including but not limited to its Warden, Council-lors, administration, staff, employees, consultants, agents, contractors and servants, and the individual Officer acting as the Elgin Fire Training Officer/Community Emergency Management Coordinator and further including their respective heirs, executors, administrators, successors, and assigns, as the case may be, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such entity or person or combination thereof as arising from or in any way connected with or related to any activity by the Officer while performing services as contemplated by and in accordance with this

Agreement, providing at all times that the Officer was performing those services in good faith and in accordance with his or her abilities, experience, and education. 11.0 Release 11.1 Each local municipality, as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin, hereby releases and forever discharges Elgin, including but not lim-ited to its Warden, Councillors, administration, staff, employees, consultants, agents, contrac-tors, and servants and further including their respective heirs, executors, administrators, suc-cessors, and assigns, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such entity or individual or any combination thereof as arising from or in any way connected with or related to any activity by the Officer while performing services as contemplated by this Agreement, providing at all times that the Officer was performing those services in good faith, in accordance with his or her abilities, experience, and education, and in accordance with the provisions of this Agreement. 11.2 Each local municipality, as a Party hereto, namely, Bayham, Dutton Dunwich, Malahide, Southwold, West Elgin, hereby releases and forever discharges the Officer, including his or her heirs, executors, administrators, successors, and assigns, as the case may be, against and in re-spect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or persons or combination thereof as arising from or in any way connected with or related to any activity by the said Officer while perform-ing services as contemplated by this Agreement, providing at all times that the Officer was per-forming those services in good faith, in accordance with his or her abilities, experience, and ed-ucation, and in accordance with the provisions of this Agreement. 12.0 Miscellaneous 12.1 If any notice is required to be given pursuant to this Agreement, such notice shall be deliv-ered by mail, hand, or facsimile transmission to the following addresses: Elgin: Corporation of the County of Elgin

c/o Chief Administrative Officer 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 Fax (519)-633-7661

To Bayham at: 56169 Heritage Line P.O. Box 160 Straffordville, Ontario N0J 1Y0 Fax (519)866-3884 To Dutton/Dunwich at: 199 Currie Road Dutton, Ontario, N0L 1J0 Fax (519)762-2278 To Malahide at: 87 John Street South Aylmer, Ontario, N5H 2C3 Fax (519)773-5334 To Southwold at: 35663 Fingal Line Fingal, Ontario, N0L 1K0 Fax (519)769-2837 To West Elgin at: 22413 Hoskins Line Rodney, Ontario N0L 2C0 Fax (519)785-0644

12.2 Nothing in this Agreement shall relieve the Parties from compliance with all applicable municipal by-laws, laws, and/or regulations having jurisdiction over any matter relevant to this Agreement. 12.3 This Agreement, including any Schedule annexed hereto and forming a part hereof, sets forth all the covenants, promises, agreements, conditions, and understandings between the Parties hereto and there are no other covenants, promises, agreements, conditions, or under-standings, either oral or in writing, between them with respect to the matters herein addressed other than as set forth herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties hereto un-less reduced to writing and signed by all of them. It is further understood and agreed that all of the agreements and provisions contained in this Agreement are to be construed as covenants on the part of all Parties hereto. 12.4 The failure of any Party at any time to require performance by another Party in respect of any matter addressed in this Agreement shall in no way affect its right thereafter to enforce that or any other obligation nor shall the waiver by any Party for the performance of any obliga-tion hereunder by any Party hereto be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at a later time. All Parties hereto retain their re-spective rights at law to enforce this Agreement. 12.5 Time shall be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of all Parties, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and the time shall be determined to remain of the essence of this Agreement notwithstanding any extension of any time limit. 12.6 This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. 12.7 The headings, subheadings, and section, subsection, clause and paragraph numbers are inserted for convenience and reference only and shall not affect the construction or interpreta-tion of this Agreement. 12.8 This Agreement shall be construed with all changes in number and gender as may be re-quired by the context. 12.9 All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 12.10 The Parties agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining conditions and covenants and the remainder of the Agreement shall remain valid and not terminated thereby. 12.11 This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 13.0 Fundamental Conditions 13.1 This Agreement, and all terms, conditions, rights and entitlements, and/or duties and obli-gations hereunder, shall be subject to the following fundamental conditions:

(a) prior to commencement of and throughout the indefinite term of this Agreement, Elgin shall secure and maintain any and all required delegations of power or duty from the Of-fice of the Fire Marshal so as to permit the Officer to legally provide the services con-templated by this Agreement; and,

(b) during the indefinite term of this Agreement but subject to that set forth in section 9.1 above, all signing Parties hereto, including any successor municipal corporation or en-tity, shall be and remain a Party to this Agreement,

failing which, this Agreement shall be deemed to be null and void and at an end without any claim or entitlement to compensation by or against any Party hereto, save and except for the right of Elgin to seek and require reimbursement by each of the other Parties hereto of their re-spective equal and proportionate shares of any costs and expenses incurred by Elgin as a result of a required termination of employment of the Officer. 14.0 Signature in Counterparts 14.1 This Agreement, including any associated agreements or documents required in connec-tion herewith, may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly attested by their authorized signing officials or representatives this day of , 2020. SIGNED, SEALED & DELIVERED ) Corporation of the County of Elgin ) in the presence of ) ) per:______________________________

) Name: David Mennill ) Position: Warden ) ) ) per:______________________________ ) Name: Julie Gonyou ) Position: CAO/Clerk ) ) We have authority to bind the Corporation

) ) ) The Corporation of the Municipality of Bayham ) ) ) per:______________________________ ) Name: Edward Ketchabaw ) Position: Mayor ) ) ) per:______________________________ ) Name: Paul Shipway ) Position: CAO/Clerk ) ) We have authority to bind the Corporation ) ) ) ) ) ) ) ) ) )

) The Corporation of the Municipality of ) Dutton/Dunwich ) ) ) per:______________________________ ) Name: Robert Purcell ) Position: Mayor ) ) ) per:______________________________ ) Name: Heather Bouw ) Position: Clerk ) ) We have authority to bind the Corporation ) ) The Corporation of the Township of Malahide ) ) ) per:______________________________ ) Name: David Mennill ) Position: Mayor ) ) ) per:______________________________ ) Name: Michelle Casavecchia-Somers ) Position: CAO/Clerk ) ) We have authority to bind the Corporation ) ) The Corporation of the Township of Southwold ) ) ) per:______________________________ ) Name: Grant Jones ) Position: Mayor ) ) ) per:______________________________ ) Name: ) Position: ) ) We have authority to bind the Corporation ) ) The Corporation of the Municipality of ) West Elgin ) ) ) per:______________________________ ) Name: Duncan McPhail ) Position: Mayor ) ) ) per:______________________________ ) Name: Magda Badura ) Position: CAO/Treasurer ) ) We have authority to bind the Corporation

SCHEDULE “A”

1. Responsible for the development, coordination and delivery of all mandatory NFPA/provin-cial training and education programs for fire service personnel, including special teams. 2. Meets regularly with the Fire Chiefs and/or local volunteer training officers for the contract-ing local municipalities to coordinate and plan the development of required training and educa-tion programs. 3. Assists local fire services with development of individualized annual training plans to be de-livered at local training nights by qualified instructors. 4. Monitors and evaluates the impact of training and educational programs in conjunction with Fire Chiefs and/or local volunteer training officers for the contracting local municipalities. 5. Prepares and manages budget associated with training and education of fire service person-nel. Works with Finance to ensure appropriate invoicing to respective contracting local munici-palities. 6. Receives and/or maintains accurate training records on all fire service personnel, including records of special teams. 7. Provides regular training status updates, including compliance and re-certification status.

Date: June 1, 2020

Corporation of the County of Elgin

The Corporation of the Municipality of Bayham

The Corporation of the

Municipality of Dutton/Dunwich

The Corporation of the Township of Malahide

The Corporation of the Township of Southwold

The Corporation of the

Municipality of West Elgin

Fire Training Officer/ Community Emergency

Management Coordinator Agreement

Stephen H. Gibson 450 Sunset Drive

St. Thomas, ON N5R 5V1

County Solicitor

By-Law No. 2020-39 BEING A BY-LAW PASSED PURSUANT TO THE PROVISIONS OF SECTION 38 OF THE PLANNING ACT, R.S.O. 1990, AS AMENDED TO ESTABLISH INTERIM CONTROL PROVISIONS FOR THE ENTIRETY OF THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH TO PROHIBIT THE ESTABLISHMENT OF NEW LARGE SCALE RENEWABLE ENERGY FACILITIES UNTIL JULY 24,

2021 IN ORDER TO ALLOW FOR THE APPROPRIATE COMPLETION OF FURTHER RESEARCH AND CONSULTATION.

WHEREAS, Section 38(1) of The Planning Act, R.S.O. 1990, as amended, permits the Council of a municipality to pass an Interim Control By-law where Council has directed that a review or study be undertaken in respect of land use planning policies and regulations within the municipality or and defined area or areas thereof;

AND WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich passed a resolution directing that the necessary research and consultation be undertaken with respect to developing land use planning polices and regulations concerning new large scale “renewable energy facilities” on all lands located within the Official Plan for the Municipality of Dutton Dunwich;

AND WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich deems it appropriate to now enact such an Interim Control By-law, in order to ensure that any new large scale “renewable energy facilities” are appropriately situated and regulated within the Municipality;

NOW THEREFORE the Council of The Corporation of the Municipality of Dutton Dunwich enacts as follows:

1. That in this By-law the following definitions shall apply:

“renewable energy facility” means a new large scale generation facility that generate electricity from a renewable energy source and that meets such criteria as may be prescribed by regulation and includes associated or ancillary equipment, systems and technologies as may be prescribed by regulation, but does not include an associated waste disposal site, unless the site is prescribed by regulation, but does not include an associated waste disposal site, unless the site is prescribed by regulation for the purposes of this definition; and

“renewable energy project” means the construction, installation, use, operation, changing or retiring of a new large scale renewable energy generation facility.

2. That no new large scale renewable energy facility shall be permitted on any lands within the Municipality of Dutton Dunwich until July 24, 2021.

READ a first and second time this 10P

thP day of June, 2020.

READ a third time and finally passed this 10P

th Pday of June, 2020.

__________________________________ Robert (Bob) Purcell, Mayor

__________________________________ Heather Bouw, Clerk

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By-Law No. 2020-40

BEING A BY-LAW TO PROVIDE REGULATION, RESTRICTION AND PROHIBITION OF DOGS, ANIMALS AND EXOTIC ANIMALS IN THE

MUNICIPALITY OF DUTTON DUNWICH

Short form title: “Animal Control By-law” WHEREAS paragraphs 1, 8, 9, 11 and 13 of Section 210 of the Municipal Act, R.S.O. 1990, c. M. 45, as amended from time to time, provide that all by-laws may be passed by councils of municipalities for the licensing, keeping and regulating of dogs and exotic animals; NOW THEREFORE the Municipal Council of the Corporation of the Municipality of Dutton Dunwich enacts as follows: Part 1 – Definitions

1.1. Definitions in this by-law:

1) “Animal” shall include any domestic animal and/or agricultural animal within the boundaries of the Municipality of Dutton Dunwich.

2) “Animal Control Officer” shall mean a person(s) appointed by the municipality, whose duties include the enforcement of this by-law.

3) “Council” shall mean the Council of the Municipality of Dutton Dunwich.

4) “Dangerous Dog” means any dog:

a) That has bitten or injured a human being or domestic animal; or

b) That has been threatening or aggressive towards a human being or domestic animal.

5) “Dog” shall mean a male or female dog over the age of three (3) months.

6) “Dwelling Unit” shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which occupants have access to all the habitable areas and facilities of the unit.

7) “Guard Dog” shall mean a dog used for security purposes on land legally used for industrial or commercial purposes.

8) “Hunting” shall mean lying and waiting for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, and does not include trapping.

9) “Kennel” shall mean a lot, building, structure or establishment in which four (4) or more dogs are housed, boarded or bred.

10) “License Agent” shall mean a person appointed by Council to issue dog licenses.

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11) “License Issuer” shall mean the Licensing Officer for the Municipality of Dutton Dunwich.

12) “Municipality” shall mean the Municipality of Dutton Dunwich.

13) “Owner” includes a person who keeps, possesses or harbours a dog and where the owner is a minor the person responsible for the custody of the minor.

14) “Person” includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply.

15) “Pet Shop” shall mean an establishment engaged in the retail sale of animals.

16) “Pet Shopkeeper” shall mean a person who has the charge, care or ownership of a pet shop.

17) “Pound” means premises, regulated under the Animals for Research Act, that are used for the confinement maintenance or disposal of animals that have to be impounded pursuant to this by-law.

18) “Pound Keeper” shall mean a person appointed by the Municipality of Dutton Dunwich to act in the capacity of Pound Keeper.

19) “Premises” includes the entire lot on which a building may or may not be situated.

20) “Restrained” (Dangerous Dog) means being kept inside a building or house or in an enclosed pen of sufficient dimension and strength to be humane and secure so as to prevent a dog from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the dog, or invitee of the owner, and includes keeping such dog securely on a leash of not more than 2 meters in length when outside of such building, house or enclosed pen.

21) “Running at Large” shall mean to be found in any place other than the premises of the owner of the dog and or animal not either under the physical control of any person, or on a leash or in a properly fenced in area.

22) “Exotic Animal” (Reptile or Wild Animal) shall mean a wild or non domesticated animal whether or not kept in captivity and includes but is not limited to: bear, wolf, coyote, lion, bobcat, cougar, tiger, jaguar, raccoon, crocodile, alligator, venomous snake, constricting snake, venomous lizard or venomous spider. The term “Exotic Animal” does not include cats, dogs, deer, elk, rabbits, llama, bison, rodents, horses, cattle, mules, donkeys, ponies, sheep, goats, swine, chicken, geese, turkey, duck, emu, ostrich, homing pigeon, powder pigeon, tumbler pigeon, turtle, chinchilla, non-venomous snake, non-constricting snake, non-venomous lizard, non-venomous spider, cardinal, pheasants, finch, budgie, bulbul, canary, tanagers, amazons, cockatoos, conjures, macaws, parakeets, cockatiels, lorikeet, touraco, toucans, oriels, mynahs, magpies, barbets, ascaris, pied harebells, and cock-of-the-rocks. Where an exotic animal has been bred with a non-exotic animal, the resulting offspring shall be deemed to be an exotic animal for the purposes of this definition.

23) “Municipal Law Enforcement Officer” means any person employed as By-law Enforcement Officer, OPP or by the Humane Society of Ontario.

Part 2 – Exemptions

2.1. Animal Hospital-Clinic-Kennel-Registered

This by-law shall not apply to an animal hospital, clinic or kennel, lawfully operated for the exclusive purpose of treating sick or injured animals and supervised by a veterinarian who is a registered member of the Ontario Veterinary Association.

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2.2. Pound

This by-law shall not apply to a pound.

2.3. Pet Shop

This by-law shall not apply to pet shops.

2.4. Zoos-Fair-Exhibitions-Circuses-Authorized

This by-law shall not apply to dogs maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority.

2.5. Service Dogs

This by-law shall not apply to dogs maintained in a zoo, fair exhibition, dog show or circus operated or licensed by a municipal or other governmental authority.

2.6. Research Facility – registered

This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act.

Part 3 – Keeping of Dogs

3.1. Maximum – 3 Per Premises

No person shall keep more than 3 dogs in any one dwelling unit or on any premises.

3.2. Kennels – Registered

No kennels are permitted within the urban areas of Dutton Dunwich – Dutton, Wallacetown and Iona. (see attached Schedule B, C, D & E – Maps for defined areas)

3.3. Guard Dogs – Industrial-Commercial Premises

Notwithstanding section 3.1 of this by-law, more than three (3) guard dogs may be licensed for lawfully used industrial or commercial premises.

3.4. Excrement-Removal-Disposal-Sanitary-Immediate

Every owner of a dog shall remove forthwith and sanitarily dispose of excrement left by the dog anywhere in the Municipality.

3.5. Trespassing Without Consent by Dog Prohibited

No person shall permit a dog to enter upon the private property of another person or to remain on the private property of another person without the property owner’s consent.

3.6. Running at Large Prohibited

No owner of a dog shall permit the dog and/or animal to run at large or to fail to prohibit the dog and/or animal from running at large.

3.7. Keeping of Dangerous Dogs

1) When a dangerous dog is off its owner’s property the owner shall:

a) Ensure the dog is muzzled in a humane manner at all times; b) Ensure the dog is on a leash not longer than one (1) meter;

and c) Ensure the dog is under the control of a person over the age

of eighteen.

2) When a dangerous dog is on its owner’s property the owner shall:

a) Ensure the dog is securely confined indoors or in a locked pen that meets the following standards:

i. The pen shall be suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog.

ii. The pen must have minimum dimensions of two (2) meters and must have secure sides and secure top.

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iii. If the pen has no bottom secured to the sides, the side must be embedded into the ground no less than thirty (30) centimeters deep.

iv. The pen shall also provide protection from the elements for the dog.

v. The pen shall not be within three (3) meters of the property line or within three (3) meters of a neighbouring dwelling unit.

3.8. Dangerous Dogs 1) Any dog that has bitten a person or domestic animal must be kept

in quarantine for 14 days at the Veterinarian, Humane Society or the Animal Control Shelter in Glencoe, all at the owner’s expense.

2) The Municipality may humanely destroy the impounded dangerous dog if it is determined by an official/veterinarian to be in the interest of public safety and health.

3) The dog in question that was involved in the biting incident, and it is determined by an official investigation to have bitten, will not be returned to the municipality.

3.9. Owner’s Responsibilities

1) No owner of a dog shall fail to prevent her or her dog from:

a) Threatening, biting or attacking any person; b) Threatening, biting or attacking any domestic animal; or c) Damaging public or private property.

2) No owner of a dog shall use a chain as a means of confinement.

Part 4 – Licensing

4.1. Licensing Agent – Appointed-Authorized

The Council shall appoint, if required, a licensing agent or agents for the Municipality and every such license shall be executed on behalf of the Municipality.

4.2. Registration Information Requirements

The license agent shall keep a record showing the following dog license registration information:

1) Name and address of dog owner;

2) Serial number of tag;

3) Date of registration;

4) Description of dog;

5) Amount of fee paid upon registration.

4.3. Application License Description Fee

Every license application shall be accompanied by the following:

1) Description of dog including the colour, breed and name;

2) Applicable fee.

4.4. License Annually

Every owner shall cause his/her dog to be licensed annually and every owner shall re-new the license annually.

4.5. Expiry-Annual-December 31

Every license issued by the license agent shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly.

4.6. 1) Tag serial umber issued upon payment of fee

Upon Payment of the applicable fee(s), the owner shall be furnished with a dog tag bearing the serial number, the year for which it was issued.

2) Tag affixed securely to dog at all times

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When the dog is not on the owner’s premises, the tag shall be fixed securely on the dog for which it was issued at all times until such time as the tag is renewed or replaced.

3) Tag replacement where lost

Where a tag has been lost, an application shall be made to the license agent for a replacement tag.

4) Tag replacement proof of payment plus fee

The application shall be accompanied by proof that the current year’s license fee has been paid and the applicable replacement tag fee.

5) Tag removal

No person shall, within the Municipality, unlawfully remove a dog tag from a licensed dog.

6) Ownership change in failure to notify

Every owner shall notify the license agent upon the change of ownership of a licensed dog.

Part 5 – Kennels 5.1. No person shall keep a dog kennel within the Municipality unless that use

is allowed in the appropriate section of the Municipality’s zoning by-law.

Part 6 – Reptile and Wild Animals (Exotic) – Keeping

6.1. No person shall keep any venomous snake or venomous reptile, wild animal or exotic pet outline below within the limits of the Municipality: (not limited to, but including the following) Bear Lion Tiger Crocodile Constricting snake Wolf Bobcat Jaguar

Alligator Venomous lizard Coyote Cougar Raccoon Venomous snake Venomous spider

Part 7 – Fees

7.1. Fees

The license fees to be paid to the Municipality shall be as set out in the Municipal Fees By-law.

7.2. Service Dogs–Police Service Dogs Exempted

Service dogs and police service dogs are exempt from the payment of all license fees applicable pursuant to this by-law.

7.3. Pound Fees – Payment Proof of Ownership Required

Where a dog is claimed from the Pound keeper, the owner shall provide proof of ownership of the dog, as well as proof of payment for a current dog license, and pay the Pound keeper the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law.

Part 8 – Impounding

8.1. Seizure – Impounding

The Pound keeper shall impound any dog seized by him or delivered to him by a police officer, municipal enforcement officer or Animal Control Officer.

8.2. Claim – within 5 days – release

The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog within 5 days of impoundment, upon paying

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the Pound keeper the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law.

8.3. Owner to Claim Dog Before Disposal

The owner of a dog that has been impounded may, upon application to the Pound keeper, claim the dog before the Pound keeper is entitled to dispose of the dog according to the provisions of Section 8.4 of this by-law.

8.4. Disposal – Dog Not Claimed – Pound keeper Discretion

Where a dog is impounded and is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound keeper may retain the dog for such further time as he/she may consider proper and during that time the Pound keeper may:

1) Sell the dog for such price as he/she may consider proper;

2) Euthanize the dog;

3) Dispose of the dog in accordance with the Animals for Research Act.

8.5. Euthanasia – For Humane/Safety Reasons

Where a dog that is captured or taken into custody is injured and in the opinion of the Pound keeper should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer, or other trained person appointed by the Pound keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale.

8.6. Euthanasia – Dangerous Dog Running at Large

In the opinion of an Animal Control Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, the Animal Control Officer may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction.

8.7. Veterinary Services – Required Payable by Owner

Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound keeper, the Owner shall pay to the Pound keeper all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this by-law, whether the dog is alive, dies or is euthanized.

8.8. Compensation – to Dog Owner Prohibited

No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanasia or other disposal of the impounded dog in the course of the administration and enforcement of this by-law shall be:

1) Recovered by any owner or other person; or

2) Paid by the Municipality.

Part 9 – Enforcement

9.1. Penalty

Any person who contravenes any provisions of this by-law is guilty of an offence and is liable, upon conviction, to the maximum penalty as prescribed by the Provincial Offences Act, as amended from time to time, and all such penalties and costs may be recovered under the Provincial Offences Act, as per Schedule “A” attached hereto this By-law.

9.2. Investigation

The Animal Control Officer, Municipal Enforcement Officer and or Member of the Ontario Provincial police may enter onto private property to determine a violation of this by-law.

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Part 10 – Transition

10.1. Every license issued pursuant to By-law #2020-40 shall be deemed to be a license issued under this by-law and every such license shall continue to be valid until its normal date of expiry.

10.2. Every act taken pursuant to the predecessor to this by-law shall, as necessary, be deemed to have been taken pursuant to this by-law and every such act may be carried to its conclusion pursuant to the authority granted by this by-law.

10.3. If an act has been validly commenced pursuant to the predecessor to this by-law and authority for such act does not exist pursuant to this by-law then such act may be continued to its conclusion and the portions of the predecessor to this by-law necessary to permit such act to be concluded shall be deemed to remain in effect for the purposes of bringing such act to a conclusion.

Part 11 – Repeal-Enactment

11.1. Where the provision of any other by-law, resolution or action of Council are inconsistent with provisions of this by-law, the provisions of this by-law shall prevail.

Part 12 – Effective Date

12.1. This By-law shall come into force and effect upon approval of the set fine schedule (Schedule “A”) by the Office of the Regional Senior Justice Ontario Court of Justice West Region.

READ a first and second time this 10P

thP day of June, 2020.

READ a third time and finally passed this 10P

thP day of June, 2020.

__________________________________ Robert (Bob) Purcell, Mayor __________________________________ Heather Bouw, Clerk

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Schedule “A” Municipality of Dutton Dunwich

By-law #2020-40

Set Fine Schedule

Part 1 Provincial Offences Act

Being a By-law to Provide Regulation, Restriction and Prohibition of Dogs and Animals in the Municipality of Dutton Dunwich

Item Short Form Wording Provision Creating or

Defining Offence Set Fine

1 Having more than three dogs per residence

Section 3.1 $250.00

2 Failure to remove dog excrement from

municipal/private property

Section 3.4 $150.00

3 Permitting a dog and or animal to run at large

Section 3.6 $250.00

4 Failure to ensure a dangerous dog is muzzled in a humane manner at all

times

Section 3.7 1) a) $500.00

5 Failure to ensure dog is on a leash not longer than one

(1) meter

Section 3.7 1) b) $250.00

6 Failure to ensure dog is under the control of a person over the age or

eighteen

Section 3.7 1) c) $250.00

7 Failure to ensure the dog when on its owner’s

property is confined indoors or in a locked pen

Section 3.7 2) a) $500.00

8 Failure to prevent or allow a dog to bite or attack a

person

Section 3.9 1) a) $500.00

9 Failure to prevent or allow a dog to bite or attack and

animal

Section 3.9 1) b) $500.00

10 Failure to renew dog license Section 4.4 $250.00 11 Failure to register a dog for

a license Section 4.4 $350.00

12 Keep Kennel in the Urban are of Dutton Dunwich

Section 5.1 $500.00

13 Keep reptile and/or Wild Animal

Section 6.1 $500.00

Penalty provision for the offences indicated above as s. 9.1 of By-law #2020-40;

a certified copy of which has been filed.

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Schedule “B” Municipality of Dutton Dunwich

By-law #2020-40

Urban Area Within the Municipality of Dutton Dunwich

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Schedule “C” Municipality of Dutton Dunwich

By-law #2020-40

Urban Area Within the Municipality of Dutton Dunwich

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Schedule “D” Municipality of Dutton Dunwich

By-law #2020-40

Urban Area Within the Municipality of Dutton Dunwich

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Schedule “D” Municipality of Dutton Dunwich

By-law #2020-40

Urban Area Within the Municipality of Dutton Dunwich

By-Law No. 2020-41

A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF

THE MUNICIPALITY OF DUTTON DUNWICH

June 10, 2020 WHEREAS pursuant to Section 5.1 of the Municipal Act, 2001, S.O. 2001, c.25, the powers of a municipality shall be exercised by its council; and WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, the powers of every Council shall be exercised by by-law; and WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the Municipality of Dutton Dunwich at this meeting and previous meeting be confirmed and adopted by by-law. NOW THEREFORE the Municipal Council of the Corporation of the Municipality of Dutton Dunwich enacts as follows: 1. THAT action of the Municipal Council of the Corporation of the Municipality of

Dutton Dunwich in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the Municipality of Dutton Dunwich at its meeting held June 10, 2020 be hereby adopted and confirmed as if all such proceedings were expressly embodied by the By-law.

2. THAT the Mayor and proper officials of the Corporation of the Municipality of

Dutton Dunwich are hereby authorized and directed to do all things necessary to give effect to the action of the Municipal Council of the Corporation of Municipality of Dutton Dunwich referred to in the preceding section hereof.

3. THAT the Mayor and the Clerk or alternate are authorized and directed to

execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the Municipality of Dutton Dunwich.

READ a first and second time this 10P

thP day of June, 2020.

READ a third time and finally passed this 10P

thP day of June, 2020.

__________________________________ Robert (Bob) Purcell, Mayor __________________________________ Heather Bouw, Clerk