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05 21 2014 SpCouncil Agenda The Township of Oro-Medonte Special Council Meeting Agenda Council Chambers Wednesday, May 21, 2014 9:00 a.m. - Closed Session Open Session Immediately Following Closed Session Page 1.Call to Order - Private Prayer/Moment of Reflection: 2.Adoption of Agenda: a) Motion to Adopt the Agenda. 3.Disclosure of Pecuniary Interest: 4.Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO re: Acquisition/disposition of land (Water/Waste Water Servicing). 5.By-Laws: 3 - 15a) By-Law No. 2014-075 A By-law to authorize an agreement between The Corporation of the Township of Oro-Medonte and Skyline Utility Services Inc. with respect to the Horseshoe Valley Resort Waste Water Treatment Plant as a municipal capital facility (Horseshoe Valley Resort Waste Water Treatment Plant Municipal Capital Facility By-law). 6.Reports of Municipal Officers: 16 - 62 a) John Mascarin, Aird & Berlis LLP, presentation re: Regulating Councillor Conduct. \[Addenda\] 7.Questions from the Public Clarifying an Agenda Item: 8.Confirmation By-Law: 63 a) By-Law No. 2014-069 Being a by-law to confirm the proceedings of the Page 1 of 63 Council Meeting Agenda - May 21, 2014 Special Council meeting held on Wednesday, May 21, 2014. 9.Adjournment: a) Motion to Adjourn. Page 2 of 63 5.a) A By-law to authorize an agreement between The Corporat... The Corporation of the Township of Oro-Medonte By-law No. 2014-075 A By-law to authorize an agreement between The Corporation of the Township of Oro-Medonte and Skyline Utility Services Inc. with respect to the Horseshoe Valley Resort Waste Water Treatment Plant as a municipal capital facility (Horseshoe Valley Resort Waste Water Treatment Plant Municipal Capital Facility By-law) Whereas Municipal Act, 2001 section 110 of the , S.O. 2001, c. 25, as amended, provides that the council of a municipality may enter into agreements for the provision of municipal capital facilities by any person and may pass by-laws to enter into agreement relating thereto; And Whereas paragraph 6 of subsection 2(1) of Ontario Regulation 603/06, as amended, prescribes municipal capital facilities for water, sewers, sewage, drainage and flood control; And Whereas the Horseshoe Valley Resort Waste Water Treatment Plant (“WWTP”)is a facility that is owned and operated by Skyline Utility Services Inc. and provides waste water treatment services to lands and users within the Township of Oro-Medonte; And Whereas Skyline Utilities Inc. proposes to transfer the WWTP to the Township as Municipal Act, 2001 a municipal capital facility pursuant to section 110 of the ; And Whereas the Council of The Corporation of the Township of Oro-Medonte is desirous of entering into an agreement to accept the WWTP as a municipal capital facility in order to be authorized to impose a fee or charge upon persons that derive or will derive a benefit from waste water services provided by the WWTP that will ensure the continued operation of the WWTP and the improvement and upgrade of the facility by Skyline Utility Services Inc.; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. The Township is authorized to enter into an agreement pursuant to section 110 of Municipal Act, 2001 the with Skyline Utility Services Inc. for the provision of a municipal capital facility for a sewage facility, being the WWTP, in accordance with Ontario Regulation 603/06, as amended (the “Agreement”) in substantially the form and substance as set out in Schedule “A” to this by-law. 2. That the Mayor and Chief Administrative Officer are authorized to execute the Agreement. 3. That the Township shall be authorized to take such additional actions and execute such additional documents in furtherance of the requirements and authorities set out in the Agreement. 4. This by-law shall take effect on the final passing thereof. st day of May, 2014. By-law read a First, Second and Third time, and Passed this 21 The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 3 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 4 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 5 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 6 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 7 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 8 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 9 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 10 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 11 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 12 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 13 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 14 of 63 5.a) A By-law to authorize an agreement between The Corporat... Page 15 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... CouncillorConduct Conference and Trade Show Regulating Annual OSUM John Mascarin May 2, 2014 st 61 Page 16 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... invested with power is apt to abuse it, and to carry “Constant experience shows us that every man (1748) The Spirit of Laws Introduction his authority as far as it will go…” Montesquieu, Page 17 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... to hold office until their successors are elected and the newly , beginning on December 1 to which this Act Municipal Elections Act, 1996 elected council or local board is organized. continue in the year of a regular election. Four-year term term of all offices (3) The holders of offices is four years (1) The applies … 6 Page 18 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... Mayors Who Have Recently Some Recognizable Been in the News Page 19 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... “Raise Your Hand if You Would Spend $16 on a Glass of Orange Juice” Page 20 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... My Son Does for a Living?” “Why Would I Know What Page 21 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... “I’m Just a Normal Guy Who Likes Hamburgers and Taking Money from Charities” Page 22 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... “I’m Not Perfect” Page 23 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... Councillorin the News Former Perhaps a Not-So- Recognizable Page 24 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... “I Want to Apologize for Not Knowing the Law” Page 25 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... Regulating Councillors Municipal Conflict of Interest Act Workplace Harassment •Codes of Conduct •Judicial Inquiries •Illegal Meetings Criminal Code •Common Law ••• Page 26 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... (ii)being an official, demands, accepts or offers or agrees to accept from any person for himself or another (iii)the transaction of business with or any matter of consideration for cooperation, assistance, exercise of benefit of any kind as influence or an act or omission in connection with business relating to the government Criminal Code (1)Every one commits an offence who a loan, reward, advantage or )directly or indirectly frauds on the government person, a … ( 121 Page 27 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... trust would be an offence if it were committed in relation to a Every official who, in connection with the duties of his indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of office, commits fraud or a breach of trust is guilty of an Criminal Code . breach of trust private person 122 Page 28 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... )to vote in favour of or against a measure, motion or resolution; being a municipal official, directly or indirectly demands, accepts or )to abstain from voting at a meeting of the municipal council or another person —a loan, reward, advantage or benefit of any kind ing the adoption of a measure, imprisonment for a term not exceeding five years who directly or (1)Every one is guilty of an indictable offence and liable to official or to anyone for the benefit of a municipal official —or, to give or offer to a municipal any person for themselves or )to perform or fail to perform an official act. Criminal Code )to aid in procuring or prevent indirectly gives, offers or agrees a committee of the council; as consideration for the official offers or agrees to accept from motion or resolution; or municipal corruption 123 abcd (((( Page 29 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... imprisonment for a term not exceeding five years who influences (2)Every one is guilty of an indictable offence and liable to )suppression of the truth, in the case of a person who is or attempts to influence a municipal official to do anything Criminal Code ) by under a duty to disclose the truth; d ) to ( a mentioned in paragraphs (1)( influencing municipal official )any unlawful means. )threats or deceit; or 123 abc ((( Page 30 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •Bill 168 amendments –all employers in Ontario must develop ought reasonably to be known to •employers must take precautions and implement safeguards policies and programs to deal with workplace violence and •workplace harassment defined as engaging in a course of vexatious comment or conduct against a worker, in a Workplace Harassment •applies to the municipal workplace, i.e. town hall Occupational Heath and Safety Act workplace, that is known or be, unwelcome harassment Page 31 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •workplace investigation concluded councillor “created a poisoned •sanctions –councillorrequired to attend anti-harassment training •excessive and unnecessary time spent at complainant’s desk session; councillornot permitted to access public areas of town •councillor recently reprimanded and sanctioned under the OHSA •worker complained of harassment by councillor at Town Hall: hall without being accompanied by senior municipal officials work environment for the complainant with his behaviour” Workplace Harassment Occupational Heath and Safety Act •use of inappropriate and vulgar language •referring to complainant by nickname or on the phone Page 32 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •applicable to members of a municipal council and to members in previous versions of the in s. 1 of the MCIA); not (“MCIA”) was •legislation has received substantial judicial consideration Municipal Conflict of Interest applicable to municipal staff or administration Municipal Conflict of Interest Act Background , dating back to 1849 of “local boards” (broadly defined •MCIA codifies provisions found originally enacted in 1972 Municipal Act •Ontario’s Page 33 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •intent –to prohibit any member from having any “involvement” in any matter being considered by their council or local board dual concepts of disclosure and abstention by members on a century principle of disqualification replaced by the •MCIA sets out a framework for when participation in local Municipal Conflict of Interest in the matter government decision-making is appropriate pecuniary interest Purpose if the member has a case-by-case basis th •the 19 Page 34 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... 3.I will disclose any pecuniary interest, direct or indirect, Municipal Conflict of Interest expressly provides that a person cannot take a seat on council until the person makes a Municipal Conflict of Interest personal Member’s Declaration of Office •requirement to abide by the declaration is a obligation of every member of council in accordance with the Municipal Act, 2001 declaration of office •third declaration: . Act •the Page 35 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... is “concerning or consisting interest sufficient to appear to influence the objective exercise (2010), 79 M.P.L.R. of money…an interest that has a monetary or financial “a situation in which a person has a private or personal Municipal Conflict of Interest interest Mondouxv. Tuchenhagen pecuniary •a pecuniary interest is one that direct, indirect or deemed of his or her official duties” (4th) 1 (Ont. S.C.J.) •pecuniary = financial : common meaning : meaning value”: •MCIA • Page 36 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... in any way whether before, during or after and the general nature thereof; on any (1) Where a member, either on his or her own behalf or while on any such question. board at which the matter is the matter and is present at a deration of the matter at the Municipal Conflict of Interest pecuniary not take part in the discussion of, or vote Member’s Requirements acting for, by, with or through another, has any question in respect of the matter; and influence the voting subject of consideration, the member, disclose the interest , direct or indirect, in any meeting of the council or local (a)shall, prior to any consi not attempt the meeting to meeting,(b) shall (c) shall interest 5 Page 37 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... in its nature that it cannot (j)by reason of the member having a pecuniary interest following two general exemptions where s. 5 does not apply (k)by reason only of an interest of the member which is reasonably be regarded as likely to influence the specific exemptions and two •the preponderance of the case law has focused on the with electors Municipal Conflict of Interest to a pecuniary interest that a member has: interest in common remote or insignificant Exceptions •s. 4 of MCIA sets out nine general exemptions which is an member. generally so Page 38 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •application can be brought against current or former members of the conflict having •an elector must bring an application before a judge of the application by an Municipal Conflict of Interest from the date of Alleged Contraventions within 6 weeks private come into his or her knowledge \[s. 9\] contravention to bring an application 6 years •enforcement of MCIA is only by •ultimate limitation period of Superior Court of Justice elector Page 39 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... if breach of MCIA is found to have •disqualification from holding office as a councillorfor up to •under s. 10(1) of the MCIA a member who has been found to be subject to the following Municipal Conflict of Interest Penalties for Contravention occurred and no saving provisions apply) •restitution of financial gain, if applicable have contravened the MCIA may •a member cannotbe suspended automatic •seat vacated ( 7 years sanctions: Page 40 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... ontravention of the statute by a •restitution may be ordered if gain resulted to member or Municipal Conflict of Interest be disqualified Saving Provisions not member if the contravention is due to: former member from contravention be vacated •saving provisions will apply so that: •member or former member will •s. 10(2) of MCIA will excuse a c •“an error in judgment” not •“inadvertence” or •member’s seat will Page 41 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... made under section 10 (2) The Divisional Court may give any judgment that ought purpose of taking evidence or additional evidence and may to the Divisional Court in accordance with the rules of court. subject to any directions of the Divisional Court, the case , or the Divisional Court may grant a new trial for the shall be proceeded with as if there had been no appeal. decision is •s. 11 of MCIA contains a narrow as-of-right appeal to the remit the case to the trial judge or another judge and, Municipal Conflict of Interest under s. 10: to have been pronounced, in which case its any order order Appeals Ontario Divisional Court from an (1) An appeal lies from final 11 Page 42 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... must be established to ensure accountability and transparency set out integrity systems that may or Accountability & Transparency •closed meeting investigations •Integrity Commissioner in local governmental operations: •Auditor General Municipal Act, 2001 •Ombudsman •codes of conduct •integrity officers •lobbyist registry •the Page 43 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... conduct for members of the council of the municipality and ity to establish codes of ions 9, 10 and 11, those t is guilty of an offence. (2) A by-law cannot provide that a member who Ethical Conduct Code of Conduct (2) of local boards of the municipality. sections authorize the municipal (1) Without limiting sect contravenes a code of conduc 223.2 Page 44 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in (b)the application of any procedures, rules and policies of of conduct for members of the municipality…governing the ethical behaviourof an independent manner the functions assigned by the Integrity Commissioner Ethical Conduct (1) Without limiting sections (a)the application of the code (c)both of clauses (a) and (b). municipality with respect to, members of council; or council …; 223.3 Page 45 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... as a member of council or 2. Suspension of the remuneration paid to the member in (1) The municipality may impose either of the following se may be, for a period of Commissioner reports to the municipality that, in his or her ontravened the code of conduct: penalties on a member of council or of a local board if the Ethical Conduct Penalties respect of his or her services of the local board, as the ca opinion, the member has c up to 90 days. 1. A reprimand. 223.4 Page 46 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... nullity –Ford therefore did not have a “real” pecuniary interest nor a suspension of pay so Ford Football Foundation” in contravention of code of conduct ordered that Rob Ford personally repay $3,150 in donations when he spoke to and voted on the motion to rescind penalty hority under s. 160(5) of the that he improperly solicited from city lobbyists for the “Rob •lack of jurisdiction meant that city council’s decision was a (2013), 7 M.P.L.R. (5th) 1 (Div. Ct.)•Integrity Commissioner recommended and city council Ethical Conduct •the “penalty” was not a reprimand Penalties it was imposed without legal aut City of Toronto Act, 2006 Magderv. Ford Page 47 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... deliberative and legislative meetings (including committees of •municipal councils and local boards (and committees) must (1) Except as provided in this section, allmeetings municipal conduct their meetings in an open public forum all •the open meeting rule is a requirement for Closed Meetings Open Meeting Rule be open to the public. shall council) 239 Page 48 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •limited exceptions to the open meeting rule depending upon (except for MFIPPA) •personal matters about an identifiable individual •training and education purposes \[s. 239(3.1)\] Closed Meetings •advice subject to solicitor-client privilege are set out in s. 239(2): •consideration of MFIPPA request Exceptions •labour relations and employment •security of municipal property discretionary •potential litigation matters •sale or acquisition of land •allexceptions are subject matter Page 49 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... , if the municipality has not appointed an investigator whether a municipality or local board has complied with s. 239 or a procedure by-law under s. 238(2) in respect of a meeting Ombudsman (1) A person may request that an investigation of or part of a meeting that was closed to the public be (a) by an investigator referred to in s. 239.2(1); or Closed Meetings Investigations (b) by the Ombudsman appointed under the Closed Meetings referred to in s. 239.2(1). undertaken, Act 239.1 Page 50 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... (1991), 10 M.P.L.R. (2d) 76 (Div. Ct.): •whether those matters are dealt with in such a way as to •whether the matters discussed would ordinarily form the •whether council members (or a majority of them) are What is a Meeting? –Established Jurisprudence along the way in the overall Closed Meetings spectrum of an ultimate decision basis of council’s business; and materially SouthamInc. v. Ottawa (City) invited to attend; move them three-part test: Page 51 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... Closed Meetings Page 52 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... 18…After a review of the relevant case law and principles of openness, transparency, and accountability, I formulated a working definition. To constitute a meeting covered by together for the purpose of exercising the power or Members of council (or a committee) must come authority of the council (or committee), or for the What is a Meeting? –Ontario Ombudsman purpose of doing the groundwork necessary to Closed Meetings “In the Back Room” exercise that power or authority. : Municipal Act the Page 53 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... (c) inquire into the conduct of any part of the public business (1) If a municipality so requests by resolution, a judge of the municipality in relation to the duties or obligations of that council, an employee of the commission appointed by the council or elected by the of the municipality, including business conducted by a municipality or a person having a contract with the (a) investigate any supposed breach of trust or other (b) inquire into any matter connected with the good Judicial Inquiry Municipal Act, 2001 government of the municipality; or misconduct of a member of person to the municipality; Superior Court of Justice shall, electors. 274 Page 54 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •judicial inquiry requested by Mississauga City Council pursuant was released on October 4, of his company to acquire 8.5 acres of land in Mississauga •conflict of interest involving Mayor’s son and failed attempt elop a hotel, convention centre •EnersourceHydro Mississauga shareholder agreement Mississauga Judicial Inquiry Judicial Inquiry •two broad areas to be investigated: and condominium development Updating the Ethical Infrastructure Municipal Act, 2001 city centrein order to dev to s. 274 of 2011 • Page 55 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... deliberative and legislative contexts but the common law is much broader and recognizes conflicts of interest involving bers of municipal council. The •Mayor McCalliondid not breach her statutory duties under sonal conflict of interest (MCIA) does not constitute a complete codification of the law governing common law also applies. The MCIAis restricted to pecuniary interests of members of council in the obligations Mississauga Judicial Inquiry Municipal Conflict of interest Act Judicial Inquiry MCIAbut she did have a real per common law conflicts of interest for mem •Justice Cunningham’s report: non-pecuniary interests.” and breached her •“…the Page 56 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... and organizations demonstrably acting in the public interest –including suspensions of members –electors as well as individuals –extend to “private interests”, not just –set out broad overarching principles Municipal Act, 2001 –beyond deliberative and legislative functions of council pecuniary interests (with materiality threshold) Mississauga Judicial Inquiry clarify types of meetings captured by Act Judicial Inquiry •recommended amendments to MCIA: •also recommended amendments to standing to pursue claims allow lesser sanctions clarify scope of Act create a preamble ••••• Page 57 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... (1904), 3 O.W.R.230 (Div. Ct.) tters over which he, as one of ty from control, if the taint of community, and he is not so to vote or deal as to gain or appear councillor should not be able to invoke the political or legislative the benefit of the public. The “An elected official stands in a fiduciary relationship with the (1996), 36 M.P.L.R. (2d) 294 (Gen. Div.) “The member of a council stands as trustee for the local personal interest sufficiently appears therein.” Fiduciary Duty character of his act to secure immuni to gain private advantage out of ma L’Abbev. Blind River (Village) the council, has supervision for Sims v. Fratesi electorate.” Page 58 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... reimburse the councillor\[s\], its actions could be subject to a penses to two city councillors •council nevertheless voted to enact a by-law purporting to •two Toronto councillorssought to be reimbursed for their Holyday v. •City Solicitor cautioned that “\[s\]houldCouncil choose to Toronto Party for a Better City v. Toronto (City) affirmed (2013), 11 M.P.L.R. (5th) 1 (Ont. C.A.) (2011), 84 M.P.L.R. (4th) 335 (Ont. S.C.J.); legal challenge … and would be vulnerable” in ultra vires Fiduciary Duty •reimbursement by-law declared authorize the repayment of ex compliance audit expenses Toronto (City) Page 59 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... •Toronto Party for a Better City applied for an order that the 21 •HaineyJ.: while municipal councillors owe a fiduciary duty to law be found jointly and severally liable for the amounts paid vour of the reimbursement by- that duty does not result in •Toronto Party for a Better City appealed dismissal of claim on the grounds they breached their fiduciary duty Fiduciary Duty damages unless there is evidence of: municipal taxpayers, a breach of city councillors who voted in fa (b)conflict, and/or (c)misfeasance (a)malice, Page 60 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... ate director cannot be equated to immunizes a member of council absolute -requires proof •applicant did not meet the onus required to prove malice or the expense of the beneficiary •the avoidance of a conflict of duty and interest; and the fiduciary duty imposed on a municipal councillor •fiduciary duty is a duty of loyalty encompassing: Fiduciary Duty not •personal liability of councillors is •Ont. C.A.: dismissed the appeal Municipal Act, 2001 good faith •the fiduciary duty of a corpor misfeasance –high standard •a duty not to profit at for any act done in •s. 448 of of malice Page 61 of 63 6.a) John Mascarin, Aird & Berlis LLP, presentation re: Regu... 17806989.2 jmascarin@airdberlis.com ~ John Mascarin 1.416.863.1515 1.416.865.7721 fin ~ Partner E T F Page 62 of 63 8.a) Being a by-law to confirm the proceedings of the Specia... The Corporation of the Township of Oro-Medonte By-Law No. 2014-069 Being a By-Law to Confirm the Proceedings of the Special Council Meeting held on Wednesday, May 21, 2014 Whereas Municipal Act, 2001, S.O. 2001, C. 25, as amended Section 5 of the provides that the powers of the Municipal Council shall be exercised by By-Law, unless the municipality is specifically authorized to do otherwise; And Whereas The Council of The Corporation of the Township of Oro-Medonte deems it expedient that the proceedings at this Special Council Meeting be confirmed and adopted by By-Law; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the actions of the Council at its Special Council Meeting held on Wednesday, May 21, 2014, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. 3. That the Mayor/Chair and Clerk/Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect on the final passing thereof. st By-Law Read a First, Second and Third time, and Passed this 21 day of May, 2014. The Corporation of the Township of Oro-Medonte __________________________ Mayor, H.S. Hughes __________________________ Deputy Clerk, Janette Teeter Page 63 of 63