07 13 2005 SpCouncil Agenda
TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, JULY 13, 2005
TIME: IMMEDIATELY FOLLOWING
COMMITTEE OF THE WHOLE
MEETING
1. OPENING OF MEETING BY THE MAYOR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Special Council Meeting of June 22, 2005.
5. REPORTS OF COMMITTEES:
a) Minutes of Committee of the Whole meeting held on June 22, 2005.
b) Recommendations of Committee of the Whole meeting held July 13, 2005.
6. BY-LAWS:
a) By-law No. 2005-077 Being a By-law to Amend By-law No. 2004-071 , "Being a By-
law to Designate Community Safety Zones"
b) By-law No. 2005-078 Being a By-law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the Township
of Oro-Medonte and John and Henrietta Houston, described as
lands as follows: Part Lot 39, Concession 1, Part 1, 51 R-25982
(Formerly Vespra), Being all of PIN #58364-0070 (U), Roll
#4346-040-001-21100-0000, Township of Oro-Medonte,
County Simcoe
c) By-law No. 2005-079 Being a By-law to Amend By-law No. 2003-083, Being a By-
law to Appoint Building Inspectors/By-law Enforcement
Officers And to Repeal By-law Nos. 2004-054 and 2004-107
d) By-law No. 2005-080 Being a By-law to Authorize the Execution of an Agreement
between The Corporation of the Township of Oro-Medonte and
Her Majesty the Queen in Right of the Province of Ontario as
represented by the Minister of Transportation
e) By-law No. 2005-081 Being a By-law to Adopt Amendment No. 21 to the Official
Plan (Moon Point Corporation, Roll #43-46-030-012-42700-
0000)
f) By-law No. 2005-082 Being a By-law to Amend By-law 97-95 by changing the zoning
on lands within Concession 3, Part of Lots 15 and 16 (Orillia)
now in the Township of Oro-Medonte (Moon Point Corporation,
Roll #43-46-030-012-42700-0000)
7. CONFIRMATION BY-LAW NO. 2005-076
8. ADJOURNMENT
. .>~
0(2- !
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-077
Being a By-Law to Amend By-law No. 2004-071,
"Being a By-Law To Designate Community Safety Zones"
WHEREAS Section 214,1 (1) of the Highway Traffic Act, R.S,O. 1990, c.H.S, as
amended. authorizes municipalities to pass by-laws to designate a part of a highway
under its jurisdiction as a Community Safety Zone;
AND WHEREAS Section 214.1 (3) of the Highway Traffic Act, R.S.O. 1990, c.H.S, as
amended, requires that a by-law designating a Community Safety Zone shall specify the
hours, days and months when the designation is in effect;
AND WHEREAS the Councii of The Township of Oro-Medonte did, on the 23'd day of
June, 2004 enact By-law No. 2004-071 to designate community safety zones on certain
roads within the Township of Oro-Medonte;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That Schedule "A" of By-law No, 2004-071 be replaced in its entirety with
Schedule "A" of By-law No. 2005-077, attached hereto and forming part of this
by-law.
2. That Section 2 of By-law No. 2004-071 be amended by striking the works "at all
times" and replaced with "as identified in the Schedule".
3. That this By-law shall come into force and take effect on its final passing thereof.
READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2005.
READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF
,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
.
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Schedule "Au
to By-law No. 2005-077 for
The Corporation of the Township of Oro-Medonte
Name of Hiqhwav From To Duration
Warminster Sideroad Highway 12 westerly 1020 metres at all times ~ 24 hours
per day, seven days per
week
Line 13 North Warminster Sideroad southerly 560 metres at all times - 24 hours
per day, seven days per
week
line 11 North 15/16 Sideroad northerly 400 metres at all times - 24 hours
per day, seven days per
week
Line 11 North 15/16 Side road southerly 400 metres at all times - 24 hours
per day, seven days per
week
Line 5 South Highway No. 11 southerly 200 metres at all times - 24 hours
per day, seven days per
week
Line 15 North Highway 12 Bass Lake 81deroad May 1 to October 1
each year, 24 hours per
day, seven days per
week
"
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-078
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and John and Henrietta Houston
described as lands as follows:
Part Lot 39, Concession 1
Part 1,51 R-25982 (Formerly Vespra)
Being all of PIN #58364-0070 (Lt)
Roll #4346-040-001-21100-0000
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the iands described
herein;
AND WHEREAS By-Law No, 98-97, a By-Law to Designate Areas of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 98-97, as amended;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2, THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Conlrol
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
fo6 -d,
Appendix A to By-law 2005-078
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
JOHN FRANCIS HOUSTON AND
HENRIETTA SOESJE KERSTENS HOUSTON
(AS JOINT TENANTS)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Pari Lot 39, Concession 1,
Pari 1, 51 R-25982 (Formerly Vespra)
Being all of PIN #58364-0070 (L1)
Roll #4346-040-001-21100-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
June, 2005
By-Law No. 2005-
. ,
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owners
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2005, in
BETWEEN:
JOHN FRANCIS HOUSTON AND
HENRIETTA SOESJE KERSTENS HOUSTON
(AS JOINT TENANTS)
Hereinafter called the "Owners"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owners have applied to the Township of Oro-Medonte to permit a bed
and breakfast on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owners intend to develop the lands in accordance with the Site Plan
attached hereto as Schedule "BOO;
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1. COVENANTS BY THE OWNERS
The Owners covenant and agree as follows:
a) The Owners own the subject lands described in Schedule "A", attached hereto,
and have provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owners shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Minislries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owners shall, prior to the execution of this Agreement. pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owners shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owners acknowledge and
agree Ihat the Owners shall be responsible for the cost of performance of all the
Owners' obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owners are obligated in any way, shall
be deemed to include the words "at the expense of the Owners", unless
specifically stated otherwise. The refundable deposit for expenses and actual cost
shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full
amount, when the expenses and actual costs are submitted by the Township.
g) The Owners shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owners' solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permil a bed and breakfast described
on the Site Plan.
b) That the Township agrees that subject to compliance by the Owners with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein,
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owners shall be on and subject to the following terms and conditions:
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a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan, attached hereto as Schedule "Boo.
b) Liqhtinq
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkinq Areas and Drivewavs
All parking areas and driveways shall be constructed in conformity with Sections
5,19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owners agree to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaqe
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B".
e) Garbaqe Storaqe
The Owners agree to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Landscapinq
The Owners shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
g) Erosion and Siltation Control
The Owners must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owners agree to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
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5. SECURITY
Prior to signing the Agreement, the Owners will deposit, with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owners arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank. issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owners'
Engineer shall submit an estimate of the cost of the works 10 the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owners, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owners. under the terms of this
Agreement.
e) Upon written notification by the Owners' agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owners' obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owners under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6, COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owners hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to ulilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owners consent to the regislration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owners and agrees to execute such further
and other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
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8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid,
10. SAVE HARMLESS
The Owners, on behalf of themselves, their successors and assigns, agree to indemnify
and save harmless, the Township from and against any and all claims, suits, actions and
demands whatsoever, which may arise either directly or indirectly by reason of any work
or service performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this Agreement, provided
the subject matter of such action, suits, claims or demands was not caused intentionally
or through gross negligence on the part of the Township, its servants or agents or sub-
contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)0
) /"--;--.
,~~JE:~le"
)Owner: Henrietta Soesje
) Kerstens Houston
)
) AS JOINT TENANTS
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, John Francis Houston
and Henrietta Soesje Kerstens Houston,
LEGAL DESCRIPTION OF LANDS
Part Lot 39, Concession 1, Part 1,51 R-25982, (formerly Vespra), being all of PIN
#58364-0070 (Lt), Township of Oro-Medonte, County of Simcoe, Roll #4346-040-001-
21100-0000.
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, John Francis Houston
and Henrietta Soesje Kerstens Houston.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, John Francis Houston
and Henrietta Soesje Kerstens Houston,
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owners.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Sile Plan
Agreement between the Township of Oro-Medonte, John Francis Houston
and Henrietta Soesje Kerstens Houston.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1,
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owners
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 5 and 1 f) herein.
$1,000.00
(refundable
deposit)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-079
A By-law to Amend By-law No. 2003-083,
Being a By-law to Appoint Building Inspectors/By-law Enforcement Officers
And to Repeal By-law Nos. 2004-054 and 2004-107
WHEREAS the Building Code Act. S.O. 1992, Chapter c.23 provides that Councils shall
by By-law appoint such inspectors as are necessary for the purposes of the
enforcement of the Act;
AND WHEREAS the Municipal Act 2001. S.O. 2001, c. 25, Section 224, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS the Councii of the Corporation of the Township of Oro-Medonte did,
on the 131h day of August, 2003, enact By-law No. 2003-083 to appoint employees of
the Corporation as Building Inspeclors/By-Iaw Enforcement Officers;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That Section 1 of By-law No. 2003-083 be amended to read:
1a) That the employees of the Corporation of the Township of Oro-Medonte
outlined on Schedule "A", attached hereto and forming part of this by-law,
be appointed Building Inspeclor / By-law Enforcement Officer;
1b) That the employees of the Corporation of the Township of Oro-Medonte
outlined on Schedule "B", attached hereto and forming part of this by-law,
be appointed By-law Enforcement Officer.
2. That Schedules "A" and "B" attached hereto and forming part of By-law No. 2005-
079. be attached as Schedules "A" and "B" to By-law No. 2003-083.
3. That By-law Nos. 2004-054 and 2004-107 be repealed in their entirety.
4. This by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
0C-:;}
Schedule "A"
to By-law No. 2005-079
for
The Corporation of the Township of Oro-Medonte
BuildinQ Inspector I By-law Enforcement Officer
Ronald M. Kolbe
Michael P. Diver
Kim Allen
Brian Bell
Leo Chaloux
Randy Dunsmore
Bobbi Lovering
Sherri-Lynn Moore
Bobbi Van Wagner
Joe Casey
Jerry Bruce
Bernie Mayer
,
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Schedule "B"
to By-law No. 2005-079
for
The Corporation of the Township of Oro-Medonte
Bv-Iaw Enforcement Officer
Michael Dunn
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-080
Being a By-law to Authorize the Execution of an Agreement
between The Corporation of the Township of Oro-Medonte
and Her Majesty the Queen in Right of the Province of Ontario
as represented by the Minister of Transportation
WHEREAS Section 11 (1) of the Municipal Act 2001, R.S.O. 2001, c.25, authorizes a
municipality to pass by-laws respecting matters pertaining to highways, including
parking and traffic on highways;
AND WHEREAS the Corporation of the Township of Oro-Medonte does, pursuant to
municipal by-laws, issue tickets to persons committing a parking infraction in
contravention of such municipal by-laws;
AND WHEREAS the Ministry of Transportation maintains computer databases
containing residential address informalion pertaining to the registered holders of motor
vehicle licence plates;
AND WHEREAS the Municipality requires access to the information for the purpose of
commencing a legal proceeding against a registered licence plate holder who has
committed a parking infraction in contravention of a municipal parking by-law;
AND WHEREAS the Ministry shall permit the Municipality access to the Ministry's
information subject to the terms and conditions of Ihe Agreement;
AND WHEREAS it is deemed expedient to enter into an Agreement between the
Township of Oro-Medonte and Her Majesty the Queen in Right of the Province of
Ontario as represented by the Minister of Transportation;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That the Mayor be authorized to execute the Authorized Requester Agreement
(Municipal Parking Tag Program) between the Township of Oro-Medonte and Her
Majesty the Queen in Right of the Province of Ontario as represented by the
Minister of Transportation, attached hereto as Schedule "A";
2. That this By-law shall come inlo full force and effect on its final passing thereof.
READ A FIRST AND SECOND TIME THIS 13th DAY OF JULY, 2005.
READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF
,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
I ,
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Schedule "A" to By-Law 2005-080
AUTHORIZED REQUESTER
AGREEMENT
(MUNICIPAL PARKING TAG PROGRAM)
BETWEEN
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO, as represented by the
Minister of Transportation
AND
The Corporation of the Township of
Oro-Medonte
'[
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AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made as of the 6th day of June, 2005 (the "Effective Date").
BE TW E E N:
HER MAJESTY THE QUEEN in right of Ontario, as represented
by the Minister of Transportation
("MTO")
. and ~
The Corporation of the Township of Oro-Medonte
(the "Municipality").
WHEREAS:
A. MTO maintains computer databases containing information pertaining to driver, vehicle
and motor carrier records;
B. The Municipality requires access to such information for the purpose of corrunencing
legal proceedings against registered licence plate holders who have committed parking
infractions lll1der Part n of the Provincial Offences Act (Ontario), and/or in contravention
of a municipal parking by-law; and
C. MTO is prepared to pennit the Municipality to obtain such access, subject to the
provisions of this Agreement.
NOW THEREFORE MTO and the Municipality agree as follows:
ARTICLE 1
DEFINITIONS AND SCHEDULES
1.] Definitions.
In this Authorized Requester Agreement, unless the context requires a different meaning, the
following terms shall have the following meanings:
"Agreement" means this agreement entitled "Authorized Requester Agreement", including the
attached Schedules, any documents or instruments incorporated by reference in this agreement,
and any amendments to any of the foregoing that may be agreed to in writing by MTO and the
Municipality or that are otherwise provided for in this agreement.
"Application" means the application, in the form approved by MTO, submitted by the
Requestor to become an Authorized Requester.
"ARlS" means the Authorized Requester Information System of MTO, which is an electronic
system used by MTO to receive Licensed Information Requests from Authorized Requesters, and
to send Licensed Information Responses to Authorized Requestors and to maintain client profiles,
as such system may be modified by MTO from time to time.
"Audit" and similar expressions mean the performance by, or on behalf ofMTO, of such audits,
reviews, investigations, inspections, confirmations, certifications, tests, studies and
determinations of, or relating to, any matter or thing pertaining to this Agreement.
"Authorized Requester" means any person or other organization (including other
municipalities) to whom MTO has, pursuant to an agreement, granted a non~exclusive, non~
assignable and non-transferable licence to access and use the Licensed Information solely for
Authorized Uses.
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"Authorized Staff' means:
(a) employees of the Municipality, and
(b) individual third party contractors (but not corporations, partnerships or other
legal entities) engaged by the Municipality to perform employee-like functions,
who need to access such Licensed Information or Passwords, in order for the Municipality to use
the Licensed Information for Authorized Uses in accordance with this Agreement, and who are
listed in Part A-2 ofScbeduJe "A".
"Authorized Uses" has the meaning set out in section 4.1.
"Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public
service holiday observed in the Province of Ontario.
"Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or
damages (including indirect, special, incidental, consequential or punitive damages), losses,
liabilities or obligations of MTO, or ofMTO's employees, agents or contractors.
"Confidential Information" has the meaning set out in section 5.1.
"Contractor Security Agreement" means a privacy and confidentiality agreement between the
Municipality and Authorized Staff who are individual third party contractors engaged by the
Municipality, in the form specified by MTO.
"Damages" means losses, compensation, damages (including indirect, special, incidental,
consequential and punitive damages), expenditures, costs (including reasonable administrative
costs and reasonable legal fees and costs), expenses, interest, liabilities, judgements, awards,
taxes, fines, penalties, charges and amounts paid in settlement.
"Declaration" has the meaning set out in section 10.2.
"Delivery Channel" means the method or system by which a Licensed Information Request is
transmitted or delivered from the Municipality to MTO or by which a Licensed Information
Response is transmitted or delivered from MTO to the Municipality.
"Disclose" means directly or indirectly disclose, provide, distribute, exchange, sell, license,
lease, give, make available or permit access to or use of; and "Disclosed", "Disclosing" and
"Disclosure" have corresponding meanings.
"Driver, Vehicle and Carrier Databases" means the computer databases maintained by MTO
that contain the Licensed Information.
"Effective Date" means the effective date of this Agreement, as set out at the beginning of this
Agreement.
"Employee Security Statement" means a privacy and confidentiality statement in the form
attached as Schedule "B", as may be modified by MTO from time to time.
"Fees" means those fees set out in Schedule "C".
"FOIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario), as
amended from time to time
"Fiscal Year" means a twelve (12) month period beginning on April 1 and ending on March 31 of
the following year.
"Government of Ontario" means Her Majesty the Queen in right of Ontario or any ministry,
agency, board, commission, department, corporation or other legal entity of or owned by the
Government of Ontario.
"Grant" has the meaning set out in section 2.1.
"Initial Term" has the meaning set out in section 3.1(a),
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"Licensed Information" has the meaning set out in Part A-I of Schedule "'A":
"Licensed Information Request" means one request for Licensed Information contained in
one collection of Licensed Information and pertaining to one driver, which request is in the
format stipulated by MTO from time to time, and which request is transmitted or delivered by
the Municipality to MTO using a Delivery Channel specified in Part A-I of Schedule "A".
"Licensed Information Response" means the Licensed Information (or other response such as
"no information available") transmitted or delivered by MTO to the Municipality, using a
Delivery Channel specified in Part A-I of Schedule "A", in response to a Licensed Information
Request.
"Licensed Personal Information" means any Licensed Information that is Personal
Information,
"MFOIPPA" means the Municipal Freedom of Information and Protection oj Privacy Act
(Ontario), as amended from time to time.
"Non-disclosure Agreement" has the meaning set out in section 5.3(c).
"Password" means any password, key, code or identifier assigned to a user in connection with
making Licensed Infonnation Requests or receiving or accessing Licensed Information Responses.
"Permitted Recipient" has the meaning set out in Part A-I of Schedule itA".
"Personal Information" means personal information as defined in FOIPPA.
"Personal Information Records" means all Records of, or containing, Personal Information
that is Processed by the Municipality in connection with the performance by the Municipality of
the Municipality's obligations under this Agreement or the exercise by the Municipality of the
Municipality's rights under this Agreement.
"Privacy Default" means a breach of: (I) any Privacy Laws; or (ii) any of the provisions of this
Agreement relating to the Municipality's compliance with the Privacy Laws, including
Schedule >lD"; or (iii) any other provision of this Agreement where such breach involves or
results in any Processing of (or failure to Process) Personal Information that is not strictly in
accordance with this Agreement.
"Privacy Laws" means (a) FOIPPA (b) MFOIPPA and (c) the provisions of any other law from
time to time that address any Processing of (or failure to Process) Personal Information.
"Process" means directly or indirectly create, access, collect, process, receive, hold, store, use
or Disclose; and "Processed" and "Processing" have corresponding meanings.
"POA" means the Provincial Offences Act (Ontario) as amended from time to time.
"Records" means the records of the Municipality in any format or medium, including any
"record" as defined in FOIPP A.
"Records Custodian" has the meaning set out in section 9.5.
~~Supporting Document" means any of the documents which
(a) support or verify information contained in the Application (as such information
may subsequently have been changed in accordance with section 12.2 (a)); and
(b) are listed in Part A-I ofSchednle ~'A" .
"Term" means the Initial Term and any renewal(s) of this Agreement made in accordance with
section 3.1(b).
"\Yarranty" means any representation, warranty or condition, express, implied, collateral or
statutory.
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1.2 Schedules.
The following attached Schedules form part of this Agreement:
Schedule "A"
Schedule HE"
Schedule "C"
Schedule "D"
Schedule "E"
Specifications (Part A~l and Part A~2)
Employee Security Statement
Fee Schedule
Audit, Inspection and Review
Form of Monthly Report
Schedule "F"
Form of Annual Report
Schedule "G"
Form ofMTO Report
ARTICLE 2
GRANT OF LICENCE
2.1 Grant.
Subject to the provisions of this Agreement, MTO hereby grants to the Municipality a nonH
exclusive, non~assignable and non-transferable licence (the "Grant") to access and use the
Licensed Information solely for the Authorized Uses.
2.2 Title.
The Municipality acknowledges and agrees that MTO (or the Government of Ontario) is and
shall at all times remain the sole owner of all right, title and interest in the Licensed
Information, including all intellectual property rights (such as copyright) and other proprietary
rights and trade secrets. Accordingly, the Grant is not, and shall not be deemed to be, a transfer,
sale or disposition of any or all of MTO's right, title or interest of any kind in the Licensed
Information.
2.3 Changes in Licensed lnformation.
(a) Despite any other provision of this Agreement, the Municipality acknowledges
and agrees that MTO reserves the right in its absolute discretion to add to,
withdraw from, or change the content or structure of, or subject matter covered
by, or cease to make available, any or all of the Licensed Information at any
time.
(b) Upon implementation by MTO of any of the changes contemplated in section
2.3(a) above, all references to "Licensed Information" in this Agreement shall
be deemed to be amended to reflect such changes.
2.4 No Guarantees or Warranties
The Municipality acknowledges and agrees that MTO does not walTant or guarantee the
accuracy of the Licensed Information.
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ARTICLE 3
TERM
3.1 Term.
Subject to the provisions of this Agreement:
(a) This Agreement shall be effective on the Effective Date and shall continue in
force for an initial term of twelve months (the "Initial Term").
(b) This Agreement shall be automatically renewed for subsequent terms of twelve
(12) months each, provided that:
(i) neither party provides to the other, at least thirty (30) days before the
expiry of the then current term, written notice of that party's intention
not to renew;
(ii) if requested by MTO, prior to such renewal the Municipality signs the
form of authorized requester agreement that MTO then requires to be
signed by Authorized Requesters;
(iii) the Municipality has updated the list of Authorized Staff contained in
Part A-I and Part A-2 of Schedule "A" and has reviewed and
affirmed such list in accordance with section 8.1;
(iv) the Municipality has updated the information contained in the
Application and has reviewed and affirmed such information in
accordance with section 12.2; and
(v) prior to such renewal the Municipality has satisfied any other
conditions that may be stipulated by MTO for the renewal of the Grant
3.2 Early Termination.
This Agreement shall automatically terminate in the event that MTO ceases to make available
any Licensed Information to third parties outside of the Government of Ontario.
3.3 Termination Without Cause.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated
without liability by either party giving to the other party thirty (30) calendar days prior written
notice of termination.
ARTICLE 4
AUTHORIZED USES
4.1 Authorized Uses.
The Municipality shall access and use the Licensed Information solely for the following uses
(the "Authorized Uses"):
(a) to send to registered licence plate holders notices that are prescribed by law where
a legal proceeding has been corrrrnenced by the Municipality against the
registered licence plate holder alleging that the registered licence plate holder has
corrrrnitted an infraction against Part II of the Provincial Offence Act (Ontario)
and/oLa parking by-law enacted by the Municipality; and
(b) to have Licensed Information certified by MTO for legal proceedings where it is
alleged that the registered licence plate holder has committed an infraction against
a parking by-law enacted by the Municipality.
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4.2 Changes to Authorized Uses.
Despite section 4.1, the Municipality acknowledges and agrees that MTO shall have the right
unilaterally to amend or delete any or all of the Authorized Uses at any time, effective upon
written notice to the Municipality setting out the applicable amendment(s) or deletion(s).
4.3 Informed Consent.
Despite section 4.1, if required by MTO, the Municipality shall, prior to requesting, accessing
or using any Licensed Information under this Agreement, obtain the informed consent of the
individual to whom the Licensed Information is referable.
4.4 Demonstration that Uses Authorized
Upon MTO's request from time to time, the Municipality shall reasonably demonstrate that the
Municipality's use of any particular Licensed Information (as specified by MTO) has been
strictly in accordance with this Agreement. For avoidance of doubt, any breach of the
requirements of this section 4.4 shall constitute a Privacy Default
4.5 Data Matching and Data Profiling.
(a) Subject to the Authorized Uses, the Municipality shall not develop, or derive
for any purpose whatsoever, any other product, work or database in human-
readable or machine-readable form or otherwise, that incorporates, modifies, or
uses in any manner whatsoever, any Personal Information contained in, or
obtained from, the Licensed Information. This section shall not, however,
apply with respect to any specific Personal Information which the Municipality
had in its possession prior to receiving the Licensed Information.
(b) Subject to the Authorized Uses, the Municipality shall not place any data which
was not obtained under this Agreement, into a database containing Personal
Information obtained under this Agreement, other than as first authorized by
MTO in writing.
4.6 Individuals Not to be Contacted.
The Municipality shall not use the Licensed Information directly or indirectly to locate or
contact any individual to whom the Licensed Information is directly or indirectly referable,
other than as expressly stated in the Authorized Uses.
4.7 Survival
For the avoidance of doubt, the obligations of the Municipality contained in this Article 4 shall
survive the expiry or termination of this Agreement.
ARTICLE 5
CONFIDENTIALITY
5.1 Confidential Information. Subject to section 5.3, the Municipality shall hold in strict
confidence all Licensed Information and any other confidential information or materials
of MTO, or of third parties and in the possession or control of MTO, and any
information derived from any of the foregoing (collectively, the "Confidential
Information").
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5.2
Maintain Confidentiality. Without limitation to section 5.1, the Municipality shall
not directly or indirectly:
(a) disclose, make available, or provide or permit access to or use of, any
Confidential Information for any purpose (other than to its Authorized Staff
who need to know such Confidential Information in order to carry out the
Municipality's business, and who are permitted access to such Confidential
Information strictly in accordance with Article 8);
(b) reproduce or make copies, or permit any third party to reproduce or make
copies, of any Confidentiallnformation, in whole or in part (other than copies
of Confidential Information made by the Authorized Staff contemplated in
section 5.2 (a) in the normal course of the Municipality's business).
5.3 Disclosure of Licensed Information to Permitted Recipients.
(a) Despite section 5.2, but subject to the provisions of sections 5.3 (b), 5.3 (c)
and 5.3 (d), the Municipality shall have the right to disclose particular
Licensed Information (but not Passwords or any other Confidential
Information) to Permitted Recip1ents solely for the purpose specified in Part A-
I of Schedule "A". For avoidance of doubt, nothing in this section 5.3 (a)
permits the Municipality to give a Permitted Recipient general access to the
Licensed Information in the Municipality's possession or control, nor shall a
Permitted Recipient be entitled to make copies of Licensed Information.
(b) The Municipality shall record (in such form and format as from time to time
may be required by MTO) each disclosure to a Permitted Recipient. Such
record shall include the particular Licensed Information disclosed, the
Permitted Recipient to whom such Licensed Information was disclosed, the
business purpose for such disclosure, and the date of disclosure. The
Municipality shall maintain such records throughout the Term and for a period
of three (3) years after the expiry or termination of this Agreement.
(c) Prior to making any disclosure to a Permitted Recipient, the Municipality shall
enter into a privacy and non-disclosure agreement with that Permitted
Recipient, in the form specified by MTO in writing from time to time (the
"Non-disclosure Agreement"),
(d) The Requester shall ensure that each Permitted Recipient fully complies with
the Non-disclosure Agreement. The Municipality shall be fully liable to MTO
for any breach of the Non-disclosure Agreement by a Permitted Recipient, and
any such breach shall constitute a breach by the Municipality of this
Agreement.
(e) The Municipality shall retain an original copy of each Non-Disclosure
Agreement from the time it is executed until at least three (3) years after the
date the Permitted Recipient who signed that Non-Disclosure Agreement ceases
to be a Permitted Recipient. Upon MTO's request from time to time. the
Requester shall provide MTO with copies of all executed Non-Disclosure
Agreements.
5.4 Disclosures Required by Applicable Law.
(a)
Despite section 5.1, the Municipality may, subject to sections 5.4 (b), 5,4 (c)
and 5,4 (d), disclose Confidential Information to the extent required by
applicable law.
(b)
If the Municipality becomes compelled by applicable law to disclose
Confidential Information, or if the Municipality becomes aware that any other
party has become compelled by applicable law to disclose Confidential
Information, the Municipality shall irrunediately provide MTO with notice by
telephone and by facsimile transmission, so that MTO may seek a protective
order or other appropriate relief.
(c)
If the Municipality becomes compelled by applicable law to disclose
Confidential Information, the Municipality may only disclose that part of the
Confidential Information that it is compelled by applicable law to disclose, and
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may only disclose such Confidential Infonnation in the manner and to the
extent so compelled by applicable law,
(d) If the Municipality becomes compelled by applicable Jaw to disclose
Confidential Information in connection with legal proceedings to which the
Municipality is a named party, then at the request of MTO, the Municipality
shall immediately take all reasonable steps to attempt to obtain a protective
order or judgement or other appropriate relief or other written assurances that
the confidentiality of the Confidential Information disclosed or to be disclosed
will be maintained.
5.5 Survival
For the avoidance of doubt, this Article 5 shall survive the expiry or termination of this
Agreement for any reason.
ARTICLE 6
PRIVACY LAWS
6.1 Privacy Laws.
(a) This Agreement and the rights granted to the Municipality under this
Agreement are subject to any restrictions, limitations or provisions of any
applicable law, including the Privacy Laws or any other legislation or
regulations enacted by the Government of Ontario or by the Canadian federal
government, whether enacted prior to or after the date of signing this
Agreement.
(b) Without limiting the generality of section 6.1(a), this Agreement is subject to
any provisions of any applicable law that may restrict or limit:
(i) the information included in the Licensed Information; or
(ii) the information that may be provided in response to a Licensed
Information Request.
6.2 Compliance by Municipality.
The Municipality represents and warrants that it is, and at all times throughout the Term will
remain, in full compliance with all applicable laws (including the Privacy Laws) relating to its
Processing of Licensed Personallnfonnation pursuant to this Agreement. Without limiting the
generality of the foregoing, the Municipality shall comply with any written instructions or
directions from MTO from time to time concerning Licensed Personal Information or Personal
Information Records (including the Processing of such Licensed Personal Information or
Personal Information Records).
6.3 Survival
For the avoidance of doubt, this Article 6 shall survive the expiry or termination of this
Agreement for any reason.
ARTICLE 7
PROTECTION OF CONFIDENTIAL INFORMATION
7.1 Security of Confidential Information.
The Municipality shall maintain the security and integrity of the Confidential Information.
Without limitation to the foregoing, the Municipality shall
(a) keep all copies or partial copies of the Confidential Information in a physically
secure location to which access is restricted;
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(b) ensure that access to any Confidential Information stored on a computer is
password-protected and that the passwords are treated as Confidential
Information and are changed on a frequent basis;
(c) comply with the security provisions and standards set out in Part A-I of
Schedule '''A''; and
(d) comply with such security requirements as are from time to time specified by
MTO.
7.2 Security Products.
The Municipality shall be responsible for the selection, implementation and maintenance of
appropriate security products, tools and procedures sufficient to meet MTO's requirements for
protecting the Confidential Information from improper access, loss, alteration or destruction.
The Municipality shall be responsible for establishing, monitoring and testing the
Municipality's own security products, tools and procedures to ensure their adequacy.
7.3 Passwords.
(a) Deemed to be Confidential Information. Any Passwords shall be deemed to
be "Confidential Information" for the purposes of this Agreement.
(b) No Disclosure to Third Parties. For the avoidance of doubt, the Municipality
shall not disclose any Passwords to, or permit any access to, or use of, any
Passwords by any third party, provided that nothing in this section shall prevent
the Municipality from disclosing Passwords to its Authorized Staff who:
(i) need to know such Passwords in order for the Municipality to
obtain and use the Licensed Information for Authorized Uses,
and
(ii) are authorized to access to such Passwords strictly in
accordance with Article 8.
7.4 Restricted Access.
The Municipality shall at all times restrict access to the Confidential Information solely to
Authorized Staff, in accordance with the requirements set out in this Agreement The
Municipality shall be responsible to MTO for any unauthorized access to Confidential
Information resulting from the Municipality's failure to meet the Municipality's obligations in
this Agreement (including this section).
7.5 No Exposure.
Subject to the Authorized Uses set out in section 4.1, and without limiting the generality of the
restrictions or obligations placed upon the Municipality in Articles 4, 5, 6 and 7, no
Confidential Information shall be exposed or placed so that it can be viewed by the public
and/or any non-authorized persons.
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7.6 Destruction of Confidential Information.
(a) Subject to sections 7.6{b) and 7.6(c) and 7.6(d), the Municipality shall destroy
all copies of Confidential Information in its possession or control, upon or
before the earlier of:
(i) the expiration or tennination of this Agreement for any reason;
(ii) thirty (30) days following completion or fulfilment of the applicable
Authorized Uses as set out in section 4.1; or
(iii) the third Business Day after the date of suspension, cancellation,
revocation, or voluntary closure or cancellation of the Municipality's
account with MTO or any of the Municipality's rights or privileges
under this Agreement.
(b) Despite section 7.6(a), if this Agreement expires and no Event of Default has
occurred and then remains outstanding, the Municipality shall not be required
to destroy the Confidential Information and records referred to in that section
for so long as there remains in full force and effect a separate mitten agreement
entered into by the Municipality with MTO under which the Municipality is
authorized to possess and use that Confidential Information and those records
for the purposes for which they are then being possessed and used by the
Municipality.
(c) Despite section 7.6(a), the Municipality shall not be required to destroy the
Confidential Information and records referred to in that section to the extent (if
any) that
(i) the Confidential lnfonnation was also separately obtained by the
Municipality from a third party that was not at that time under any
obligation to keep such Confidential Information confidential; or
(ii) the Confidential lnfonnation pertains to an individual who has
consented to having the Municipality keep that Confidential
Information (provided that such consent is given in accordance with
applicable law), or
(iii) the Municipality is required by applicable law to retain for any period
of time any of the Confidential Information. The Municipality shall be
permitted to retain such of that Confidential Information or those
records, in such form and for such period of time, as is so required by
applicable law, subject to the Municipality's confidentiality, non-
disclosure and security obligations in this Agreement (including all of
the Municipality's obligations in Articles 4, 5, 6 and 7.).
(d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the
Municipality from the security, confidentiality and non-disclosure provisions of
this Agreement, which provisions shall survive any termination or expiration of
this Agreement and shall remain in full force and effect until such time as they
are satisfied or by their nature expire.
7.7 Retention of Licensed Information Within Canada.
The Municipality shall ensure that
(a) no Licensed Information Requests will be made, and
(b) no Licensed Information Responses or Licensed Information will be received,
transmitted, stored or retained by or on behalf of the Municipality or by or on
behalf of the Municipality outside Canada
for any time period, no matter how short.
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ARTICLE 8
AUTHORIZED STAFF
8.1 Listed in Part A-2 of Schedule "A",
The Municipality covenants and warrants that all Authorized Staff as of the date of this
Agreement have been listed in Part A-2 of Schedule "A". The Municipality shall, within ten
(10) days of any change in the list of Authorized Staff, advise MTO of such change in writing
or other format acceptable to MTO. Notwithstanding any other provision of this Agreement,
MTO reserves the right in its absolute discretion:
(a) to reject any employee or contractor of the Municipality as an Authorized Staff
member; and
(b) to prohibit an Authorized Staff member from accessing any Licensed
Information.
8.2 Security Statements and Security Agreements.
The Municipality shall require all Authorized Staff:
(a) who are Municipality employees, to enter into and comply with the Employee
Security Statement; and
(b) who are individual third party contractors engaged by the Municipality, to enter
into and comply with a Contractor Security Agreement.
8.3 Authorized Staff Compliance.
The Municipality shall be solely responsible for ensuring that its Authorized Staff fully comply
with the Municipality's confidentiality and security obligations contained in this Agreement.
Without limiting the generality of the foregoing, or of section 8.2, the Municipality shall be
solely responsible for ensuring full compliance with the Security Statement and Contractor
Security Agreement by Authorized Staff. The Municipality shall indemnify and hold harmless
MTO from and against any Damages that occur as a result of any non~compliance with the
Security Statement or Contractor Security Agreement by such Authorized Staff.
8.4 Retention of Original Copies.
The Municipality shall retain an original copy of each Security Statement and Contractor
Security Agreement from the time it is executed until at least three (3) years after the date the
Authorized Staff who signed that Security Statement or the Contractor Security Agreement (as
the case may be) ceases to be an employee or contractor of the Municipality, Upon MTO's
request from time to time, the Municipality shall provide MTO with copies of all executed
Security Statements and Contractor Security Agreements.
ARTICLE 9
REPORTING AND RECORDS
9.1 Monthly Report
The Municipality shall duly complete and remit to MTO a monthly report which is contained in
Schedule "E". The signature of the Treasurer or Chief Financial Officer of the Municipality shall
be affixed to the monthly report. The monthly report shall be remitted to and received by MTO
within fifteen days after the end of each calendar month to which the monthly report corresponds,
Where the Municipality owes MTO payment under Article 16 herein, the monthly report shall be
remitted along with the payment that is owing to MTO. Where no payment is owing to MTO
under Article 16 herein, the monthly report that is remitted shall indicate as such.
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9.2
Annual Report
The Municipality shall duly complete and remit to MTO an annual report as prescribed in
Schedule "F". The first annual report shall be remitted to, and received by MTO on or before
April 15, 2005, and shall contain data corresponding to the period from the Effective Date to
March 31, 2005. Subsequent annual reports shall be remitted to, and received by MTO on or
before April 15 for each year that the Agreement is in effect, and shall contain data corresponding
to the previous Fiscal Year.
9.3 MTO Reports
MTO shall duly complete and send an annual report to the Municipality as prescribed in Schedule
"G". The report shall be remitted and received by the Municipality on or before May 1 st of each
year that the Agreement is in effect, and the data contained in each report shall correspond to the
previous Fiscal Year, except for the first annual report which shall correspond to the period from
Apri11, 2004, to March 31. 2005.
9.4 Records
MTO and the Municipality shall maintain written records, which shall be sufficient to enable
both parties to produce the reports that are prescribed in Schedules "E", "F" and "G". The
Municipality shall retain the records contemplated in this section 9.4. throughout the Term and
for three (3) years thereafter.
9.5 Records Custodian
Each party shall designate one or more individuals with appropriate authority as the persons
responsible for the compilation and custody of the written records of that party prescribed in
section 9.4 (a "Records Custodian"). The Records Custodian(s) designated by a party shall be
competent to certify the accuracy and completeness of the written records that such party is
required to maintain and produce. The Records Custodian(s) designated by each party is (are) set
out in Part A-2 of Schedule "'A", provided that either party may change the designation upon
notice to the other party given in accordance with section 21.4.
ARTICLE 10
AUDIT AND ANNUAL DECLARATIONS
10.1 Audit of Municipality.
The Municipality shall accommodate Audits of the Municipality in accordance with the
provisions of Schedule "D". For the avoidance of doubt, this section 10.1 and Schedule "D"
shall survive the expiry or termination of this Agreement for any reason.
1 0.2 Audit of Permitted Recipients
The Requester shall ensure that each Permitted Recipient accommodates Audits of that
Permitted Recipient in accordance with the provisions of Schedule '''D'' (as if that
Permitted Recipient were the "Requester" as specified in Schedule "D"), and that such
Permitted Recipient fully co.operates with and assists MTO in carrying out such Audits
in accordance with such provisions. The Requester shall be fully liable to MTO for any
failure by a Permitted Recipient to fulfil the requirements contemplated by this section
10.2, and any such failure shall constitute a breach by the Requester of this Agreement
The Requester agrees to indemnify and hold harmless the MIO from and against any
Damages that occur as a result of any such failure.
10.3 Annual Declaration.
On or before each anniversary date of this Agreement, the Municipality shall complete, sign and
submit to MTO a declaration (the "Declaration") relating to the Municipality's compliance with
the obligations under this Agreement during the previous twelve (12) months. The Declaration
shall be in such form and format as may be specified by MTO from time to time, and shall be
executed by such officer of the Municipality, or other responsible person, as may be specified
by MTO in the fonn of the Declaration.
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ARTICLE 11
INFORMATION TRANSMISSION
11.] "As Requested" Basis.
Licensed Information shall be provided by MTO to the Municipality through the Delivery
Channels and on an "as requested" basis in response to Licensed Information Requests, all in
accordance with the procedures specified by MTO from time to time. The Municipality
acknowledges that, owing to the complexity and diversity of technologies utilized in the
provision of Licensed Information Responses, MTO does not guarantee that it will transmit or
deliver Licensed Information within a stipulated time after receipt of the applicable Licensed
Information Request.
11.2 Incomplete, Inaccurate or Corrupted Documents.
(a) IfMTO reasonably suspects that a Licensed Information Request received from
the Municipality was incompletely or inaccurately transmitted, or corrupted in
transmission, or not intended for MTO, MTO shall so notify the Municipality.
MTO shall not respond to such Licensed Information Request until MTO has
received confirmation from the Municipality of the validity and completeness
of the Licensed Information Request.
(b) If the Municipality reasonably suspects that a Licensed Information Response
received from MTO was incompletely or inaccurately transmitted, or corrupted
in transmission, or not intended for the Municipality, the Municipality shall so
notify MTO. The Municipality shall not rely upon any information until the
Municipality has received confirmation from MTO of the validity and
completeness of the Licensed Information Response. If requested by MTO, the
Municipality shall return or destroy an invalid or incomplete Licensed
Information Response.
11.3 Deemed Authorization.
The Municipality shall establish reasonable and appropriate systems, methods and procedures to
control the transmission or delivery of Licensed Information Requests and the receipt of
Licensed Information Responses. Subject to section 11.2, each Licensed Information Request
sent by the Municipality to MTO under this Agreement shall be deemed to have been duly
authorized by the Municipality and shall be binding upon the Municipality, unless the
Municipality otherwise notifies MTO before MTO responds to or makes any use of that Licensed
Information Request.
ARTICLE 12
APPLICATION INFORMATION
12.1 Warranty.
The Municipality represents and warrants that all information contained in the Application is
true, correct and complete as of the date of the Application.
12.2 Updates.
(a) Within ten (10) Business Days after the occurrence of any change in any of the
information contained in the Application, or any change to any of the
information previously provided pursuant to this section 12.2 (a), the
Municipality shall notify MTO (in miting or other format acceptable to MTO)
of such change.
(b) Prior to the expiry of any of the Supporting Documents, and no later than ten
(10) days of the date of an amendment to any of the Supporting Documents, the
Municipality shall provide MTO with a copy of the replacement Supporting
Document, or of the amended Supporting Document, as the case may be. Upon
the request of MTO, the Municipality shall provide MTO with an original or
certified copy of any Supporting Document. MTO reserves the right, upon
notice to the Municipality, to add additional documents to the list of
Supporting Documents contained in Part A-I of Schedule "A".
hcl- /0
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ARTICLE 13
ANNUAL REVIEW AND RE-VERlFICATION
13.1 Annual Review and Re-Verification.
At least thirty (30) days prior to the expiry of each current term, the Municipality will review
and re-verify (in such form and fonnat as may be specified by MTO from time to time) the
infonnation contained in the Application, as such information may subsequently have been
changed in accordance with section 12.2 (a).
ARTICLE 14
AUTHORIZED REQUESTER INFORMATION SYSTEM
14.1 Electronic Requests.
If the internet has been included as a Delivery Channel in Part A-I of Schedule "A", MTO
will accept Licensed Information Requests from the Municipality, and will provide Licensed
Information Responses in accordance with specifications set out in Part A-I of Schedule '''A''
utilizing ARIS.
14.2 Password Assignment
(a) The Municipality shall (in writing or other format acceptable to MTD), advise
MID of those members of the Authorized Staff whom the Municipality wishes
to have access to ARIS.
(b) MTO, at its discretion, shall assign user identification and passwords to
members of the Authorized Staff in accordance with security policies and
procedures of MTO. Notwithstanding the foregoing, MTD reserves the right
not to issue user identification or a password to any individual or individuals
regardless of their designation as Authorized Staff.
(c) The Municipality shall ensure that only Authorized Staff who log onto ARIS
using the user identification and password assigned to them by MTD (as such
password may be changed from time to time) can gain access to the Passwords
or make Licensed Information Requests or receive Licensed Information
Responses through ARIS.
143 Municipality Systems.
In order to access Licensed Information utilizing ARIS, the Municipality shall obtain, install
and test, at the Municipality's O\Vl1 expense, the following computer equipment, software and
services, with the following minimum specifications:
. Pentium computer or higher;
. Internet Explorer, Netscape or higher; and
. Internet service.
The Municipality acknowledges and agrees that MID shall have no responsibility for providing
technical support, or maintenance, for any of the Municipality's 0\Vl1 systems required to access
ARlS.
ARTICLE 15
CERTIFICATION OF RECORDS
15.1 Certification by Registrar
The Municipality shall only request that Licensed Information be certified by the Registrar of
Motor Vehicles (MTO) when the Municipality is required to do so for the purpose of legal
proceedings or for some other purpose required by law.
0c1- /7
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]5.2 Transmission of Certified Licensed Information
MTO shall transmit to the Municipality, by mail or such other method as may be agreed to by both
parties, all Licensed Information which it has certified in paper format
ARTICLE 16
FEES AND PAYMENT METHODOLOGY
16.1 Fees and Payment Schedule.
For obtaining Licensed Information from MTO under this Agreement, the Municipality shall
pay the Fees, and comply with the payment methodology, as set out in Schedule "C".
ARTICLE 17
INDEMNITY AND LIMITATION OF LIABILITY
17.1 Indemnity.
(a) The Municipality agrees to defend, inderrmify and hold harmless the
Government of Ontario and its officers, employees, agents or contractors, from
and against any and all Claims and Damages that may occur, by reason of:
(i) any breach or deemed breach of this Agreement by the Municipality, or
(ii) any non-compliance with Employee Security Statements or Contractor
Security Agreements by any of the Authorized Staff; or
(iii) any non-compliance with Non-Disclosure Agreements by any Permitted
Recipient; or
(iv) any negligent, improper, or unauthorized use or dissemination of
Confidential Information by the Municipality or by the officers,
employees, contractors (including Authorized Staff) or agents of the
Municipality; or by Permitted Recipients; or
(v) inaccurate or out-of-date information contained in Licensed Information
furnished to the Municipality by MTO,
17.2 Limitation of Liability.
(a) The Government of Ontario makes no Warranties with respect to the Licensed
Information, including any Warranties that any Licensed Information (or any
information contained in the Licensed Information) will be accurate, complete
or up~to-date, or free of errors or omissions, in whole or in part, or that any
Licensed Information will be fit for any purpose.
(b) In no event will the Government of Ontario be liable for any Damages or
Claims, including any Claims for loss of profits or other incidental or
consequential damages, arising out of the Municipality's use of, or inability to
use or access, any Licensed Information, or delays by MTO, or from failure to
supply Licensed Information, or from inaccurate, incomplete or out-of-date
information contained in any Licensed Information.
(c) The Municipality releases and forever discharges the Government of Ontario
(and the Government of Ontario's officers, employees, agents and contractors)
from any Claims relating to any Warranties contemplated in section 17.2(a)
and from any Damages or Claims contemplated in section 17.2(b).
17.3 Survival
The provisions of this Article 17 shall survive the expiry or termination of this Agreement for
any reason.
I[
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ARTICLE 18
DEFAULT AND REMEDIES
18.1 Events of Default.
"Events of Dc fault" shall include anyone or morc of the following:
] 8.2 Remedies.
(a)
the Municipality is merged with, or annexed by, another municipality;
(b)
the Municipality has submitted false or misleading information to MTO
(including false or misleading information in the Application) or makes a false
representation in this Agreement or the Application;
(c)
the Municipality has failed to update the information contained in the
Application or has failed to review and fe-verify such information in
accordance with section 12.2;
(d)
there is a material degradation in the security measures (including security
products, tools or procedures) that the Municipality has in place to protect the
Licensed Information from improper access, loss, alteration or destruction;
(e)
the Municipality commits a Privacy Default and such Privacy Default is not
curable or such Privacy Default is curable but the Municipality fails to cure it
as expeditiously as possible and in any event within twenty four (24) hours of
receiving notice of such Privacy Default from MTO;
(f)
The Municipality fails to make any payment as required under this Agreement,
or if payment is in the form of a cheque or other negotiable instrument, such
payment is rejected for not sufficient funds;
(g)
the Municipality fails to meet any other term or condition of this Agreement
(excluding any other default expressly referred to in this section 18.1) and such
default is not curable or such default is curable but the Municipality fails to
cure it within ten (10) days of receiving notice of such default from MTO; or
(b)
the Municipality is, or is deemed to be, in default under any other agreement(s)
with MTO relating to access or use of any Confidential Information.
(a) Upon the occurrence of an Event of Default, MTO shall have the right,
effective immediately without notice, to:
(i) terminate this Agreement;
(ii) suspend, cancel or revoke the Municipality's account with MTO or any
or all of the rights or privileges of the Municipality under this
Agreement (including suspending or revoking any Password issued by
MTO to the Municipality); or
(iii) refuse to accept any Licensed Information Requests from the
Municipality, or refuse to provide any Licensed Information Responses
to the Municipality,
(b) MTO may also pursue any appropriate administrative, civil and/or criminal
remedies for default of any of the provisions of this Agreement.
I
I
I
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ARTICLE 19
AMENDMENTS TO THE AGREEMENT
19.1 Amendments.
The Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend
this Agreement from time to time. Such amendments shall become effective ten (10) days after
the Municipality's receipt of written notice of such amendments (or at any later time specified
in such notice). Notwithstanding the foregoing, MTO shall have the right unilaterally to amend
the Fees set out in Schedule "C'\ without notice to the Municipality.
19.2 Termination.
If the Municipality receives a notice of any amendments under section .19.1, the Municipality
shall have the right to terminate this Agreement effective upon VIlitten notice to MTO.
ARTICLE 20
PROMOTIONAL MATERIAL
20.1 Accuracy.
Any promotional or informational material disseminated by the Municipality in connection with
the Licensed Information or access to the Licensed Information shall be accurate and shall be
consistent with the terms and provisions of this Agreement, and shall contain only factual
statements relating to the Licensed Information and the purpose and conditions of access as set
forth in this Agreement. For the avoidance of doubt, nothing in this section 20.1 shall be
deemed to limit or release the Municipality from any of the confidentiality, security or privacy
provisions of this Agreement.
20.2 MTO Trade-Marks and Logo
Neither MTO's name nor any MTO trade-mark or logo may be used by the Municipality without
the prior written consent ofMTO.
ARTICLE 21
GENERAL PROVISONS
21.1 Force Majeure.
Neither party shall be liable for delay or failure in performance resulting from acts beyond the
control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes,
walkouts, lockouts, communication line or power failure, or failure, inoperability or destruction
of computer hardware, software or firmware (unless caused by the negligence of that party), or
any negligence, wilful misconduct or breach of this Agreement by the other party.
21.2 Non-Assignability.
The Municipality may not assign or transfer this Agreement, or any right under this Agreement,
either in whole or in part. Subject to this restriction, this Agreement shall enure to the benefit
of, and bind, the parties and their respective successors and assigns.
21.3 Notification of Breach.
The Municipality shall notify MTO in writing immediately upon becoming aware that any of
the provisions of this Agreement have been breached.
(d- ell)
- 18-
21.4 Notices.
(a) Any notification or other communication to be given under the provisions of
this Agreement shall be in writing and shall be given by personal delivery, or
sent by electronic facsimile, or mailed by a prepaid registered mail or delivered
by courier service. Subject to change by either pariy with written notice in
accordance with this section 21.4, notices shall be addressed in accordance
with the addresses set out in Part A-2 of Schedule" A".
(b) Notices shall be deemed to have been effectively given on the date of personal
delivery, the date of electronic facsimile transmission or the date of delivery by
courier service, or in the case of service by registered mail five (5) days after
the date of mailing.
21.5 Waiver.
Failure of MTO to complain of any act or failure to act of the Municipality, or to declare the
Municipality in default, shall not constitute a waiver by MTO of its rights under this
Agreement. No waiver of any rights under this Agreement shall be effective unless in 'Writing,
duly executed by MTO.
21.6 Entire Agreement.
This Agreement constitutes the entire agreement and understanding of the parties relating to the
subject matter of this Agreement and supersedes all prior understandings, discussions,
negotiations, commitments, warranties and agreements, 'Written or oral, express or implied,
between them. Notwithstanding the foregoing, this section 21.6 shall not serve to terminate or
cancel any outstanding liability or payment arising out of any prior agreements or arrangements
of the parties with respect to access to, and use of, the Licensed Information. Except as
expressly provided in this Agreement, this Agreement may be amended or modified only by an
instrument in \VTiting executed by each of the parties.
21.7 Survival of Provisions.
Obligations under this Agreement which expressly or by their nature survive the termination or
expiry of the Term will continue in force subsequent to, and in spite of, such termination or
expiry until they are satisfied or by their nature expire.
21.8 Governing Law.
This Agreement shall be deemed to have been formed in the Province of Ontario and shall be
governed by the laws in force in Ontario (and the laws of Canada applicable in Ontario). Each
party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario
with respect to any matter arising under, or related to, this Agreement.
21.9 Interpretation.
(a) Headings are not to be considered part of this Agreement, and are included
solely for convenience and are not intended to be full or accurate descriptions
of the content of the paragraph.
(b) In this Agreement, words importing the singular number include the plural and
vice versa, words importing the masculine gender include the feminine and
neuter genders; words importing persons include individuals, sole proprietors,
corporations, partnerships, trust and unincorporated associations.
(c) Unless specified othenvise in this Agreement, a reference in this Agreement to
a statute refers to that statute as in force at the Effective Date and as the same
may be amended, re-enacted, consolidated and/or replaced from time to time,
and any successor statute. A reference to a statute shall be deemed to include
any regulations made under that statute.
(d) For purposes of this Agreement, unless othenvise provided in this Agreement, a
period of days or Business Days shall be deemed to:
&:}- ;:2/
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(i) begin on the first day after the event that began that period, and
(ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings
Time, as the case may be) on the last day or Business Day, as the case
may be, of that period.
(e) In this Agreement the words "include", "includes" or "including" mean
"include without limitation", "includes without limitation" and "including
without limitation", respectively, and the words following "include", "includes"
or "including" shall not be considered to set forth an exhaustive list.
IN WITNESS WHEREOF, each of the parties have executed and delivered this Agreement as
of the date first above written.
HER MAJESTY THE QUEEN in right of
Ontario, as represented by the Minister of
Transportation
For Karen Tilford, Director,
Licensing Services
By:
Wilma Piovesan
Manager, Licensing Administration Office
Date:
MUNICIPALITY:
By:
Print Name:
Title:
Date:
II
&d- ;;2~
SCHEDULE" A It
SPFf'IFlt:A TlONS
V~rt A_l
A. Licensed Information:
PLDABS ~ Plate by date Abstract with Address
PLCABS ~ Certified Plate by Date Abstract with Address
B. Permitted Recipient(s);
Third party providers of parking ticket program software who may access Licensed
Information solely for the purpose of supporting such software on behalf of the
Municipality.
C. Delivery Channels:
(a) For Licensed Information Requests: Internet
(b) For Licensed Information Responses: Internet
D. List of Supporting Documents:
Security Statement
Authorized Application Signor Data & Signature
E. Security Provisions and Standards:
Security Provisions: Pass codes and password on our computers fire walls. Building
is securely Jocked. We have locked filing cabinets & office.
0c!- dc3
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P:lrt A_2
A. Addresses for Notice:
(a) For MTO
Licensing Administration Office
Main Floor, Building "At!
2680 Keele Street
Downsview ON M3M 3E6
Attention:
Coordinator, Business Information Services Unit
Telephone:
Facsimile:
(4]6) 246-7]]2
(4]6) 235-4465
(b) For the Municipality
The Corporation of the Township ofOro-Medonte
148 Line 7 South W,
Ora Station, ON LOL 1 TO
Attention: Mr. Ronald M. Kolbe,
Director ofBuildinglPlanning Development
Telephone:
Facsimile:
(705) 487-2171 X222
(705) 487-0133
B. List of Authorized Staff:
IBy-Law Enforcement
Mr. Ronald M. Kolbe, Director of Building~RiX!g f)xxcl:opo:x:->>'K
C. Records Custodians:
(a) MTO:
(Title) Supervisor, Data Access Unit
(Telephone Number) (416) 246-7214
(b) The Municipality:
(Title) Harold Daynard, Information Technology
(Telephone Number) (05) 487 -2171
001- c:::1
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SCHEDULE "B"
MUNICIPALITY EMPLOYEE SECURITY STATEMENT
Employee Name:
Division:
Position #:
1. The Corporation of the Township of Oro~Medonte (the "Municipality") is licensed to
receive confidential and personal information (the "Information") from files and data bases
administered by the Ontario Ministry of Transportation ("MTO"). MTO is committed to
protecting this Information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees' responsibilities for handling and protecting this
Information.
2. As an employee of the Municipality, you may access this Information only when
necessary to perform your duties as such employee in the course of your employment. You
must not access or use this Information for personal reasons. (Examples of inappropriate access
or misuse of Information include, but are not limited to; making inquiries for personal use or
processing transactions on your own records or those of your friends or relatives; accessing
Information about another person, including locating their residence address, for any reason not
related to your work responsibilities or not authorized by the Municipality.)
3. You may disclose Information only to individuals who have been authorized to receive
it through appropriate procedures which have been authorized by MTO. (Examples of
unauthorized disclosures include but are not limited to: looking up someone's address for a
friend.)
4. You must take reasonable precautions to mamtain the secrecy of any password you use
to access Information electronically. Reasonable precautions include, but are not limited to: not
telling others your password or knowingly allowing them to observe while you enter it at a
terminal; and frequently changing your password (and, if you suspect your password has been
used by someone else, changing it immediately and notifying the Municipality); and selecting
random passwords that are not easy for others to guess.
5. You must take reasonable precautions to protect data entry terminals and equipment
from unauthorized access. Reasonable precautions include, but are not limited to: not leaving
your terminal unattended while you are logged onto the system; exiting the database which
contains any Information when you leave your workstation; securing your terminal with a
locking device if one has been provided; storing in a secure place any user documentation to
programs through which electronic access to any Information may be gained; and reporting any
suspicious circumstances or unauthorized individuals you have observed in the work area to the
Municipality.
I hayc read and I understand the security policies stated aboye, and will comply with them
and any other security policies issued in the future by the Municipality, MTO. I
understand that failure to comply with these policies may result in disciplinary action by
the Municipality and/or ciyU or criminal prosecution in accordance with applicable
statutes.
Signature of Employee
Date:
Witnessed By
Date:
0c!- 025
SCHEDULE "C"
FEFS A NO P A YMFNT SrHFOT 11 F
I. Payment of Amounts
(1) The Municipality shall pay MTO the following amounts for accessing the
Licensed Information:
(a) $8.25 of every allowance of $11 that the Municipality receives for each
notice of impending conviction that the Municipality issues where a
conviction is subsequently obtained under subsection 18.2(6) of the POA
(the allowance is authorized by subsections 12(1), (3), O. Reg. 949 made
under the POA);
(b) subject to clause 1(2) ofthi5 Schedule, $8.25 of every allowance of $9.00
that the Municipality receives for each fine that it collects in connection
with a conviction under section 18.4 of the POA (deemed not to dispute
charge due to failure to appear at the time and place appointed for the
hearing) (the allowance is authorized by subsection 12.1(1), O. Reg. 949
made under the POA).
(2) Vlhere the Municipality receives an allowance of less than $9.00 as authorized by
subsection 12.1(1) ofO. Reg. 949, it shall not remit the amount specified in clause (b), but
instead it shall remit to MTO any amount it receives in excess of $0.75, up to the amount
of$8.25.
2. Method and Timing of Payment
Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque
which shall be received by MTO on or before the fifteenth day of each month for the
amount prescribed in clause 1 above. The payment that is remitted to MTO shall be the
amount owing to MTO from the previous calendar month and shall be accompanied by
the corresponding monthly report (in accordance with section 9.1 of the Agreement).
3. Back Payment
Between July 1, 1998 and the first day of the month in which this Agreement is executed,
if the Municipality has accessed and used Licensed Information for which payment
remains due and owing to MTO, the Municipality shall remit such payment by cheque to
MTO within (30) days after the date of execution of this Agreement. Such payment shall
be accompanied by monthly reports (in accordance with section 9.1 of the Agreement)
containing the corresponding data for any month for which payment is outstanding.
4. Payment Information
Any payments owing to MTO under this Agreement or the Schedules made hereunder
shall be made payable to the Minister of FinancelMTO. All payments and any reports that
are required to be sent to MTO under this Agreement or the Schedules made thereunder
shall be sent to:
Ministry of Transportation
Licensing Administration Office
Attention: Supervisor, Data Access Unit
2680 Keele St., Building "A"
Downsview ON M3M 3E6
~ cl- c::2 to
- 5-
SCHEDULE "D"
AnOTT TNSPF,CTION ANnUFVlF\V
1. Right of Audit.S
MTO shall each have the right, from time to time, to Audit such of the Municipality's
operations as relate to or are involved in the performance of the Municipality's obligations
under this Agreement, including:
(a) the Municipality's security arrangements (including the Security Statements
and Contractor Security Agreements), and the Municipality's books and
records; and
(b) any media of, or in the possession of, the Municipality that contain any
Confidentiallnformation.
2. Timing of Audits.
The Audits contemplated in this Schedule "D" may be conducted at any time during the
Municipality's normal business hours upon 24 hours' prior written notice (or, in the case of
Audits relating to possible Privacy Defaults, without prior notice).
3. Authorized MTO Representatives.
MTO shall have the right to engage third party representatives to perform Audits contemplated
in this Schedule "D".
4. Privacy Compliance.
(a) Privacy-related Audits. Without limitation to the generality of this Schedule
~"D", the Audit rights of MTO shall include the right to measure the
Municipality's compliance with: (A) the Privacy Laws; (B) the provisions of
this Agreement relating to the Municipality's compliance with the Privacy
Laws; (C) the provisions of Articles 4 to 8 inclusive; and (D) any other
provisions of this Agreement that relate to Personal Information or the
Processing of Personal Information.
(b) Privacy Compliance Meetings. In addition to performing the Audits
contemplated in section 4 (a), MTO may require the Municipality to meet with
MTO to review the results of such Audits as they relate to the matters referred
to in section 4 (a), Such meetings shall be held at such times and places as
MTO may mutually agree upon with the Municipality from time to time, acting
reasonably, However, if as a result of any such Audit MTO has reason to
believe that the Municipality has committed a Privacy Default, MTO may
require such meeting to be held within one (1) Business Day of MTO's
notifying the Municipality in writing that MTO wishes to hold such meeting.
5. Performance Reviews.
(a) Audits Relating to Overall Performance. Without limitation to the generality
of this Schedule ."D", the Audit rights of MTO shall include the right to
measure the Municipality's overall performance of its obligations under this
Agreement.
(b) Meetings to Review Overall Performance. In addition to performing the
Audits contemplated under section 5 (a), MTO may require the Municipality to
meet with MTO to review the results of such Audits as they relate to the
matters referred to in section 5 (a). Such meetings shall be held at such times
and places as MTO (as the case may be) may mutually agree upon with the
Municipality from time to time acting reasonably.
tdj-
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6. Location and Manner of Audits.
The Audits contemplated in this Schedule "D" may be conducted on-site at the location(s) of
any of the Municipality's businesses or operations that relate to, or are involved in, the
performance of the Municipality's obligations under this Agreement or the exercise of the
Municipality's rights under this Agreement, including the location(s) of any of the following:
(a) the Security Statements or Contractor Security Agreements, or the
Municipality's books and records; or
(b) any media of, or in the possession of, the Municipality that contain any
Confidential Information.
Such Audits may be conducted in whole or in part by remote electronic means if the
Municipality's electronic systems have the functional capability of facilitating such remote
Audits.
7. Municipality Co-operation.
The Municipality shall fully co-operate with MTO in facilitating the conduct of any Audits
contemplated in this Schedule "D", including providing such access, documentation,
information, copies of documentation and information, and assistance as MTO may reasonably
request for the purpose of such Audits.
8. Duration of Audit Rights.
The audit rights of MTO shall continue in effect for a period of three (3) years after the
expiration or termination of the Agreement.
9. Correction of Defaults.
Without limiting or restricting any other obligations of the Municipality, or rights or remedies
ofMTO, under this Agreement or at law or in equity:
(a) the Municipality shall, at its sole cost, correct any breaches by the Municipality
of this Agreement (including any Privacy Defaults) identified through an Audit
(and in respect of which MTO has provided written notification to the
Municipality). Such corrections shall be done as expeditiously as reasonably
possible and in any event within the applicable cure period (if any) provided in
section 16.1 of the Agreement.
(b) the Municipality shall notify MTO in writing upon such breaches having being
corrected.
(c) After receiving such notification from the Municipality, MTO may conduct a
follow up Audit to confirm that all such breaches have been corrected.
(d) Ifrequested by MTO in the notification referred to in section 9 (a):
(i) the Municipality shall provide to MTO, within ten (10) days of
receiving the notification referred to in section 9 (a) (or within five (5)
days of receiving such notification, where such breaches constitute
Privacy Defaults), a reasonable written plan outlining the steps the
Municipality will take to ensure that such breaches do not occur again;
and
(ii) the Municipality shall implement the plan provided under section 9
(d)(i).
(-d - c:2 f?
-7 -
10. Costs of Audit.
(a) All costs incurred by the Municipality in connection with the Audits
contemplated in this Schedule I'D" shall remain solely the responsibility of the
Municipality.
(b) Except as provided in section 10 (c), all costs incurred by MTO in connection
with the Audits contemplated in this Schedule "D" shall remain solely the
responsibility of MTO.
(c) Despite section 10 (b), if any Audit contemplated in this Schedule "D"
discloses a material default by the Municipality under this Agreement, then the
Municipality shall reimburse MTO for MTO's reasonable and verifiable costs
of conducting such Audit.
11. Without Prejudice.
For the avoidance of doubt, nothing in Schedule "D" shall be deemed to limit or
prejudice the rights of MTO or the obligations of the Municipality under any other
provision of this Agreement or at law or in equity.
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0d-3;J
NON_nISC'l OSliRF A(;RFFMFNT
PFRM1TTFD RFrlPTFNT
Permitted Recipient: ("you" or "your")
[Insert Name of Permitted Recipient]
Municipality Name: The Corporation of the Township of (the
Oro-Medonte "Municipality")
Permitted Supply and/or support of software and/or
Purpose(s): hardware andlor programming related to the
Municipality's Municipal Parking Tag Program
and the data received by the municipality from
the Ministry of Transportation in relation to the
municipality's Municipal Parking Tag Program
For sufficient valuable consideration you acknowledge having received (and as a condition of
receiving Confidential Information from the Municipality), you understand and agree as
follows:
I. Under an agreement (the "Requester Agreement") with the Ontario Ministry of
Transportation ("MTO"), the Municipality is licensed to receive confidential and
personal information (the "Licensed Information") from files and databases
administered by MTO.
II. The Municipality and MTO are committed to protecting all of this Licensed
Information and any information derived from the Licensed Information, (all of which
is together referred to as the "Confidential Information") from unauthorized access,
use or disclosure.
ill, The following policies, and any future policies issued by MTO and the Municipality and
provided to you in writing, (the "Policies") set out your responsibilities for handling and
protecting this Confidential Information. As a permitted recipient of the Confidential
Information (a "Permitted Recipient") you are bound by these Policies:
I. Ownership: You acknowledge and agree that the Confidential Information is and will
at all times remain solely the property ofMTO.
2. Confidentiality and Use: You must hold all of the Confidential Information in strict
confidence. Without limiting the generality of this obligation, you must NOT directly
or indirectly do any of the following:
(a) disclose, make available, or provide or permit access to or use of, any
Confidential Information to ANY other party (including, but not limited to, any
third party contractor) for any purpose, The ONLY exception is that you may
permit those of your employees who need to know that Confidential
Information for the Permitted Purpose(s) indicated above. This exception only
applies after you have fully informed those employees of, and required those
employees to fully comply with, the Policies, and have obtained from each of
the employees a signed Employee Security Statement in the fonn appended to
this Agreement as Schedule "A"). You will be fully liable to the Municipality
and MTO for any failure of your employees to fully comply with the Policies.
Future Policies will be considered to have been "issued" by MTO or the
Municipality when you are notified in writing of those Policies;
(b) make any full or partial copies (in any format or media) of any of the
Confidential Information (other than copies necessary to carry out the
Permitted Purpose(s)).
0c1-~3
- 2 -
(c) use any of the Confidential Information for any purpose other than the
Permitted Purpose(s). To avoid any doubt, you must never access, use or
disclose any of the Confidential Information for any reasons that do not meet
both of the above requirements, such as for personal reasons (e.g. looking up
someone's address for a friend).
3. MTO Audit: You must accommodate audits by MTO in accordance with the MTO
Audit Policy (a copy of which is appended to this Agreement as Schedule "B", and
which you acknowledge having, read and understood), and fully co-operate with and
assist MTO in carrying out such audits in accordance with such MTO Audit Policy.
4. Access and Use Only From Premises Approved by Municipality: You may only
access and use the Confidential Information from premises approved by the
Municipality. You must never copy or remove any Confidential Information from such
premises.
5. Data Matching or Profiling: Subject to the Permitted Purposes referred to above, you
must not:
(a) develop or derive for any purpose whatsoever, any other product, work or
database, in human-readable or machine-readable form or otherwise, that
incorporates, modifies, or uses in any manner whatsoever, any personal
information contained in or obtained from the Confidential Information. (This
does not, however, apply to any specific personal information that you had in
your possession prior to receiving the Confidential Information); or
(b) place any data which was not obtained directly or indirectly from the
Municipality, into a database containing personal information obtained
directly or indirectly from the Municipality.
6. No Contacting Indiyiduals: You must not use the Confidential Information directly or
indirectly to locate or contact any individual to whom the Confidential Information is
directly or indirectly referable.
(a) To avoid any doubt, nothing in this Policy 9 will limit or release you from any
of your other obligations under this Agreement, which obligations will remain
in full force and effect.
7. Comply with Law: You must at all times remain in full compliance with all applicable
laws relating to any access, use or disclosure of any personal information contained in
the Confidential Information. You must also comply with any written instructions or
directions from MTO from time to time concerning such personal information (to the
extent that the Municipality notifies you of such instructions or directions).
8. Secrecy of Passwords: You must take reasonable precautions to maintain the secrecy
of any password you use to access Confidential Information electronically. Reasonable
precautions include, but are not limited to; not telling others your password or
knowingly allowing them to observe while it is entered at a terminal; frequently
changing your password (and, if you suspect your password has been used by someone
else, changing it immediately); and selecting random passwords that are not easy for
others to guess.
9. Access to Terminals: You must take reasonable precautions to protect data entry
terminals and equipment from unauthorized access. Reasonable precautions include,
but are not limited to: not leaving your terminal unattended while logged onto the
system; exiting the database which contains any Confidential Information when leaving
the workstation; securing your terminal with a locking device if one has been provided;
and storing in a secure place any user documentation to programs through which
electronic access to any Confidential Information may be gained.
fod- 31
- 3 -
IV. All of your obligations in this Agreement will survive the expiry or any termination of
your relationship with the Municipality, and will continue in full force and effect
subsequently until they are satisfied or by their nature expire.
V. If any provision of this Agreement is illegal, invalid or unenforceable, it will be
severed. No waiver of any provision of this Agreement by the Municipality will
constitute a waiver of any other provisions (whether or not similar) or a continuing
waiver. This Agreement will be governed by Ontario law and the laws of Canada
applicable in Ontario. You and the Municipality agree to attorn to the non-exclusive
jurisdiction of the courts of Ontario for the resolution of any disputes arising out of, or
in connection with, this Agreement. This Agreement may not be assigned by you, but
otherwise will be binding upon and enure to the benefit of you and the Municipality and
the respective heirs, executors, administrators, successors and permitted assigns of you
and the Municipality.
VI. MTO Right to Enforce this Agreement: You and the Municipality acknowledge and
agree that:
(a) While MTO is not a party to this Agreement and has no obligations under this
Agreement, MTO will have the right to directly enforce your obligations in
clause III above as if MTO were a party to this Agreement;
(b) In furtherance of clause (a) above, the Municipality will be a trustee of MTO
(and MTO's successors and assigns) for the limited purpose of holding your
obligations in clause III above in trust for MTO (and MTO's successors and
assigns). (And to the extent that clause III incorporates any defined terms, the
definitions of such terms as provided in this Agreement will be considered to be
incorporated into clause III for the purposes of this clause VI);
(c) To avoid any doubt, this means that in addition to the Municipality enforcing
your obligations under this Agreement (in the Municipality's capacity as a
party to this Agreement), MTO (and MTO's successors and assigns) may also
enforce your obligations in clause III above in MTO's own right (and MTO will
not be required to add the Municipality as a party to any proceedings for such
enforcement); and
(d) The trust created in favour of MTO (and its successors and assigns), as
contemplated above, being coupled with an interest, may not be revised or
revoked without the prior written consent of MTO (or such successors and
assigns, as the case may be).
VII. You acknowledge that you have read and understand the prOVISIOns of this
Agreement (including, but not limited to, the Policies set out or referred to above),
and wiU comply with them and with any other Policies issued in the future by MTO
or the Municipality. You understand that failure to comply with the Policies or any
such other Policies or changes wiU be a breach of this Agreement and (among other
things) ma)' result in civil or criminal prosecution in accordance with applicable
statutes.
Insert Name of Permitted Recipient
Authorized Signature of Permitted Recipient
Date:
Insert Name of Municipality
Authorized Signature of Municipality
Date:
~d-3S
-4-
SCHRDTH F. "'A" of
NON_nISCI OSTTRF A.~RFF.MF.NT
PFRMTTTFn RFrlPlFNT
FMPT OVFF SFrllRTTV STATFMFNT
(Permitted Recipient)
Permitted Recipient
Name:
Employee Name:
Division:
Position #:
The Corporation of the Township of Oro-Medonte (the "Municipality") is licensed to receive
confidential and personal information (the "Information") from files and databases
administered by the Ontario Ministry of Transportation ("MTO"). Under an agreement with
the Municipality, (the "Permitted Recipient") has
been authorized to access the Information. The Municipality and MTO are committed to
protecting this Information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees' responsibilities for handling and protecting this
Information.
1. As an employee of the Permitted Recipient, you may access this Information
only when necessary to perform your duties as such employee in the course of your
employment. You must not access or use this Information for personal reasons.
(Examples of inappropriate access or misuse of Information include, but are not limited
to: making inquiries for personal use or processing transactions on your own records or
those of your friends or relatives; accessing Information about another person,
including locating their residence address, for any reason not related to your work
responsibilities or not authorized by the Permitted Recipient.)
2. You may disclose Information only to individuals who have been authorized to
receive it through appropriate procedures which have been authorized by MTO.
(Examples of unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
3. You must take reasonable precautions to maintain the secrecy of any password
you use to access Information electronically. Reasonable precautions include, but are
not limited to: not telling others your password or knowingly allowing them to observe
while you enter it at a terminal; and frequently changing your password (and, if you
suspect your password has been used by someone else, changing it immediately and
notifying the Permitted Recipient); and selecting random passwords that are not easy
for others to guess.
4. You must take reasonable precautions to protect data entry terminals and
equipment from unauthorized access. Reasonable precautions include, but are not
limited to: not leaving your terminal unattended while you are logged onto the system;
exiting the database which contains any Information when you leave your workstation;
securing your terminal with a locking device if one has been provided; storing in a
secure place any user documentation to programs through which electronic access to
any Information may be gained; and reporting any suspicious circumstances or
unauthorized individuals you have observed in the work area to the Permitted
Recipient.
W-36
- 5 -
I have read and I understand the security policies stated above, and ,,,,ill comply with
them and any other security policies (or changes to policies) issued in the future by the
Permitted Recipient, Municipality or MTO. ] understand that failure to comply with
these policies (or any such other policies or changes to policies) may result in disciplinary
action by the Permitted Recipient and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee
Date:
Witnessed By
Date:
foci- 37
- 6-
S('HFnlH F. "R" of
NON_nIseI OSTJRF. A~RFF.MFNT
PERMITTED RECIPIENT
MTO AUDIT POLICY
(Permitted Recipient)
Permitted Recipient: Kolbe, ~you" or "your")
Ron Director of Building/ y-Law ~nfor
[Insert Name of Permitted Recipient]
Municipality Name: The Corporation of the Township of (the
Oro~Medonte "Municipality")
erne
This is the MTD Audit Policy referred to in the Permitted Recipient Non~disc1osure Agreement
that you signed with the Municipality (the "Permitted Recipient Non-disclosure
Agreement").
Capitalized terms that are used in this MTD Audit Policy, but not defined in this MTO Audit
Policy, have the meanings given to them in the Permitted Recipient Non-disclosure Agreement.
In this MTO Audit Policy, the following defined tenus have the following meanings:
"Audit" and similar expressions means the performance by, on behalf of or for MTO of
such audits, reviews, investigations, inspections, confirmations, certifications, tests, studies
and determinations of or relating to any matter or thing pertaining to what is contemplated
in clause (i) or (ii) of section 1 below.
"Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public
service holiday observed in the Province of Ontario.
"include", "includes" or "including" mean "include without limitation", "includes without
limitation" and "including without limitation", respectively, and the words following
"include", "includes" or "including" will not be considered to set out an exhaustive list.
"Privacy Default" means a breach of: (i) any Privacy Laws, or Oi) any of the provisions of
the Permitted Recipient Non-disclosure Agreement.
"Privacy Laws" means the Freedom of Information and Protection of Privacy Act
(Ontario), and the provisions of any other law from time that are applicable to you and that
address the collection, use or disclosure of personal information.
1. Right of Audit.
MTO will have the right, from time to time, to Audit such of your businesses and operations as
relate to, or are involved in, the your possession or control of Confidential Information.
Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy
Laws and the provisions of any other law from time that are applicable to MTO and that address
the collection, use or disclosure of personal information) from time to time (including any
disclosures that may be required by such laws), and subject to any agreements between MTO
and its employees from time to time, MTO will (and will require any third party representatives
referred to in section 3 to) hold in confidence any of your confidential information which is
disclosed or made available to MTO (or such third party representatives) in connection with an
Audit carried out under this MTO Audit Policy.
2. Timing of Audits.
The Audits contemplated in section 1 may be conducted at any time during your normal
business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible
Privacy Defaults, without prior notice).
tod- 3f?
- 7-
3. Authorized MTO Representatives.
MTO will have the right to engage third party representatives to perfonn Audits contemplated
in section 1.
4. Privacy Compliance.
(a) Privacy-related Audits. Without limiting the generality of section 1, MTO
will have the right to conduct the Audits contemplated in section 1, to measure
your compliance with: (A) the Privacy Laws; or (B) the provisions of the
Permitted Recipient Non-disclosure Agreement.
(b) Privacy Compliance Meetings. In addition to performing the Audits
contemplated under section 1.4(a), MTO may require you to meet with MTO to
review the results of such Audits as they relate to the matters referred to in
section 4(a). Such meetings will be held at such times and places as MTO may
mutually agree upon with you from time to time acting reasonably. However, if
as a result of any such Audit MTO has reason to believe that you have
committed a Privacy Default, MTO may require such meeting to be held within
one (1) Business Day of MTO notifying you in writing that MTO wishes to
hold such meeting.
5. Performance Reviews.
(c) Audits Relating to Overall Performance. Without limiting the generality of
section 1, MTO will have the right to conduct the Audits contemplated in
section 1, to measure your overall performance of your obligations under the
Permitted Recipient Non-disclosure Agreement.
(d) Meetings to Review Overall Performance. In addition to performing the
Audits contemplated under section 5(a), MTO may require you to meet with
MTO to review the results of such Audits as they relate to the matters referred
to in section 5(a). Such meetings will be held at such times and places as MTO
may mutually agree upon with you from time to time acting reasonably.
6. Location and Manner of Audits.
The Audits contemplated in section 1 may be conducted on-site at the location(s) of: (i) any of
your businesses or operations that relate to or are involved in the performance of your
obligations to the Municipality, or (ii) any media in your possession or control that contains
Confidential Information.
Such Audits may be conducted in whole or in part by remote electronic means ifyoUT computer
systems have the functional capability of facilitating such remote Audits.
7. Co-operation.
You must fully co-operate with MTO in facilitating the conduct of any Audits contemplated in
section 1, including providing such access, documentation, information, copies of
documentation and information, and assistance as MTO may reasonably request for the purpose
of such Audits.
8. Duration of Audit Rights.
MTO's Audit rights as contemplated in section 1 will be in force from the date you receive a
copy of this MTO Audit Policy to the date which is three years after you cease to be a Permitted
Recipient.
9. Correction of Defaults.
Without limiting or restricting any other obligations you may have, or rights or remedies MTO
may have, under this MTO Audit Policy or at law or in equity:
(a) You will, at your sole cost, correct any Privacy Defaults (including any
breaches of the Permitted Recipient Non-disclosure Agreement)
~d- 39
- 8 -
identified through an Audit (and in respect of which MTO provides
written notification to you), and will do so as expeditiously as
reasonably possible and in any event within four (24) hours of
receiving notice of such Privacy Default from MTO.
(b) You will notify MTO in writing upon such breaches having being
corrected.
(c) After receiving such notification from you, MTO may conduct a follow
up Audit to confirm that all such breaches have been corrected.
(d) Ifrequested by MTO in the notification referred to in section 9(a):
(i) you will provide to MTO, within five (5) days of receiving the
notification referred to in section 9(a), a reasonable written plan
outlining the steps you will take to ensure that such Privacy Defaults do
not occur again; and
(ii) you will implement the plan provided under section 9(d)(i).
10. Costs of Audit.
(a) All costs incurred by you in connection with the Audits contemplated
in section 1 will remain sole1yyourresponsibility.
(b) Except as provided in section lO(c), all costs incurred by MTO in
connection with the Audits contemplated in section 1 will remain
solely the responsibility of MTO.
(c) Despite section 1.I0(b):
(i) if any Audit contemplated in section 1 discloses a material
uncured default by you under the Permitted Recipient Non-
disclosure Agreement, then you must reimburse MTO for
MTO's reasonable and verifiable costs of conducting such
Audit;
(ii) if any Confidential Information is in your possession or control
at a location outside of Ontario, then you must reimburse MTO
for MTO's reasonable and verifiable costs of conducting
Audits (as contemplated in section 1) at such location(s)
outside of Ontario. However, MTO shall only have the right to
obtain reimbursement under this section lO(c)(ii) in respect of
one such Audit in each calendar year. (Note: to avoid any
doubt, nothing in this section lO(c)(ii) will be considered to in
any way reduce or waive your obligations under section 4 of
the Permitted Recipient Non~disc1osure Agreement.)
11. Without Prejudice.
To avoid any doubt, nothing in this MTO Audit Policy will be deemed to limit or prejudice
MTO's rights or your obligations under the Permitted Recipient Non~disc1osure Agreement or
at law or in equity.
{; e-(
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-081
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
(Moon Point Corporation, Roll # 43-46-030-012-42700-0000)
WHEREAS The Council of the Corporation of the Township of Oro-Medonte did on the
5'h day of February 1997 enact By-law No. 97-12 being a By-law to adopt the Official
Plan of the Township ot Oro-Medonte;
AND WHEREAS The Corporation ot the Township of Oro-Medonte is empowered to
Amend its Official Plan as required;
AND WHEREAS the process for considering such an Amendment is in accordance with
Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13;
AND WHEREAS is amendment to the Official Plan is deemed to be appropriate and in
the public interest;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows;
1. Amendment Number 21 to the Official Plan, attached hereto and forming part of this
By-law, is hereby adopted and;
2. This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, c.P. 13
BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
0e-C2
Schedule IA.i1 to
Official Plan Amendment
No.2i
This is Schedule 'A.1' to
Official Plan Amendment No.21
passed the
day of
Mayor
J. Neil Craig
Clerk
Marilyn pennycook
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~ Subject lands to be redesignated from Agricultural to Shoreline Residential and subject to
section 010.9.1
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OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO-MEDONTE
Township Application # 2004-0PA-02
Prepared by
MERIDIAN
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Township Planning Consultants
June 6, 2005
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TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
2
PART I:
THE INTRODUCTION
3
1.0
PURPOSE
3
2.0
LOCATION
3
3.0
BASIS
3
PART II
THE AMENDMENT
5
PART III
THE APPENDICES
6
Appendix 1:
Planning Report prepared by Meridian Planning Consultants
(Township Planning consultant)
0e-
BY-LAW 2005-081
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
(Moon Point Corporation, Roll # 43-46-030-012-42700-0000)
WHEREAS The Council of the Corporation of the Township of Oro-Medonte did on the 5th day of
February 1997 enact By-law No. 97-12 being a By-law to adopt the Official Plan of the Township
of Oro-Medonte
AND WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its
Official Plan as required;
AND WHEREAS the process for considering such an Amendment is in accordance with Section
17 and 21 of the Planning Act, R.S.O. 1990 c.P 13.
AND WHEREAS is amendment to the Official Plan is deemed to be appropriate and in the public
interest:
NOW THEREFORE it is resolved that:
1.
Amendment Number 21 to the Official Plan, attached hereto and forming part of
this By-law, is hereby adopted and;
2.
This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, C.P. 13
Read a first and second time on the 13TH day of July, 2005
Read a third time and finally passed this _ day of _' 2005
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
Page 1
June 6, 2005
fp
CONSTITUTIONAL STATEMENT
Part I: The Introduction, provides general information regarding the general policy
update. Part I: The Introduction does not constitute an operative part of
Amendment No. 21 to the Official Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No. 21 to the Official Plan.
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No. 21 to the
Official Plan.
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
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Page 2
June 6, 2005
0e~::;-
PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No. 21)
1.0 PURPOSE
The purpose of this Amendment is to change the land use designation applying to a parcel of
land along the Lake Simcoe shoreline to provide for the development of a 14 lot Plan of
Subdivision.
2.0 LOCATION
The Amendment applies to lands within Part of Lots 15 and 16 in Concession 3 of the former
Township of Orillia, now in the Township of Oro-Medonte, as shown on Schedule 'A-1', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached to this Amendment as Appendix
'A'. The Planning Report reviews the application in detail and its conformity with the Township of
Oro-Medonte Official Plan.
Section D10.3.8 of the in effect Official Plan contains a policy that is intended to be considered
when applications for shoreline development are submitted. This policy is reproduced below:
'The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan. Exceptions may be granted through
the approval of an Official Plan Amendment if the expansion is small in scale, and is
either focused on the shoreline or is considered to be infilling. Infilling is defined as
development that abuts a developed area on two sides and/or is located within a parcel
of land that abuts public roads on at least three sides. The creation of strip development
across from existing development on existing public roads is not contemplated by this
Plan.
Councif may consider such minor amendments to the Official Plan to redesignate lands
for such limited shoreline development, provided Councif is satisfied that:
a) The lots will have a minimum area of 0.6 hectares to a maximum area of
approximately 1.0 hectare, except where larger sizes may be suitable because of
environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
c) The development s compatible, in terms of scale, density and character, with
existing development;
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
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Page 3
June 6, 2005
to
d) The proposed lots, if located on the shoreline, have a water frontage of no less
than 45 metres; and,
e) The lots would conform to the general subdivision and consent policies of this
Plan.
For Plans of Subdivision that involve the creal/on of lots with water frontage, only a single
I/er of lots shall be created, all with water frontage as set out in Section 010.3.6 of this
Plan. In addition, no new lots with direct access to County Roads are permitted.
If major development is proposed (which is defined as development that does not meet
the above criteria), a detailed review of the entire shoreline area shall be carried out to
determine if the proposed local/on is suitable and appropriate from a growth management
perspecl/ve. "
The Amendment to the Official Plan will conform to the policy set out in Section D10.3.8 in every
respect. Specifically:
. Each of the proposed lots will have an area of 0.6 hectares or greater;
. The majority of the existing tree cover on the proposed lots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot to ensure that the majority of forest cover is maintained;
. The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character with existing development;
. Each of the proposed lots will have a water frontage of no less than 45 metres; and,
. The general criteria in the Official Plan respecting subdivisions are met.
Council has also had careful regard to the environmental impact of the proposed development.
The Lake Simcoe Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning matters, has confirmed that the site does not
support significant natural features and has recommended that development can proceed
provided certain conditions are satisfied. These conditions will be included in the implementing
documents. The Lake Simcoe Region Conservation Authority letter is attached to the Planning
Report in Appendix 'A'.
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Ora-Medonte
Prepared by
MERIDIAN
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Page 4
June 6, 2005
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PART II: THE AMENDMENT
(This is the operative part of Official Plan Amendment No. 21)
ITEM # 1
Section D10 of the Official Plan is amended by adding in a new Section D10.9 as set out below:
"010.9
EXCEPTIONS
010.9.1
Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule 'A l' to this Plan:
a) No more than 14 lots by way of Plan of Subdivision shall be developed.
b) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent of the site plans
is to insure that the majority of the tree cover within the 20 metre setback
area from lake Simcoe and on the remainder of each lot is maintained
as development occurs, These site plans are to be approved by the
Township and the lake Simcoe Region Conservation Authority as part of
the approval process.
c) In order to ensure that individual lot owners and future lot owners are
aware of the site planning process, each of the 14 lots shall be subject to
Site Plan Control pursuant to the Planning Act. These Site Plan
Agreements shall include appropriate provisions that provide for
maximum tree retention on the property.
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
Page 5
June 6, 2005
Schedule IA.11 to
Official Plan Amendment
No.21
This is Schedule 'A.i' to
Official Plan Amendment No.2i
passed the
day of
Mayor
J. Neil Craig
Clerk
Marilyn pennycook
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~ Subject lands to be redesignated from Agricultural to Shoreline Residential and subject to
section D10.9.1
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PART III: THE APPENDICES
Appendix 1
Planning Report prepared by Meridian Planning Consultants (Township Planning
Consultant)
Official Plan Amendment 21
(Moon Point Corporation Appl ication)
Township of Oro-Medonte
Prepared by
MERIDIAN
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Page 6
June 6, 2005
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Committee of the Prepared By:
PD2005-036 Whole Nick McDonald, RPP
Subject: Moon Point Department:
Development Planning
Applications
Council
File No: 2004-Sub-01,
C. of 2004-0PA-02 and Date: June 22, 2005
W. 2004-ZBA-09
Motion R.M. File #:
# 012013640
Date: Roll #:
030-012-42700
INTRODUCTION
The intent of this report is to review the comments made by agencies and members of the public
with respect to the applications for development submitted by the Moon Point Corporation. A
further intent of this report is to provide Planning Advisory Committee and Council with
recommendations on the applications for development.
As Planning Advisory Committee/Council will recall, the Moon Point Corporation is seeking
approval for an Official Plan Amendment which places a portion of the lands in the Shoreline
designation, a Zoning By-law Amendment that places a portion of the lands In the Shoreline
Residential zone, and a Plan of Subdivision application that would allow for the creation of 14
new shoreline lots.
Each of the 14 lots will front on a new public road that extends from Moon Point Drive. Each of
the lots will also have direct water frontage as well. The minimum lot frontage on the road is 21.8
metres (Lot 4) and the highest lot frontage on the road is approximately 50 metres (Lot 1). The
average lot frontage along the road is 27.9 metres. The minimum lot frontage on the water is
47.6 metres (Lot 11). The highest lot frontage along the water Is 61 metres (Lot 14). The
average lot frontage along the water Is 49 metres. Each of the lots will have a minimum lot area
(0 e- 13
010.60 hectares. An 8-1/2 x 11 reduction 01 the Plan 01 Subdivision is attached to this report as
Attachment #1.
Each of the proposed lols will be serviced by private wells and seplic systems. A dry hydrant
accessible to pumper trucks will be installed at the end of the Moon Point Road unopened road
allowance, at Lake Simcoe. It is proposed that the dry hydrant be provided as a suitable
substitute to an on-site fire well and fire storage as required by the Township's engineering
standards.
The homes on the lot will be set back a minimum of 20 metres from the average high water mark
as per the requirements of the Township's Zoning By-law. A detailed Concept Plan prepared by
the applicant shows the location of each of the homes, the driveways, the septic systems and
proposed access corridors to Lake Simcoe. These access corridors will be no wider than 12
metres. The proponent has indicaled Ihat based on the sizes of the lots and Ihe setbacks
proposed, 60% 01 each 01 the lols will remain in forest cover. The detailed Concept Plan is
attached to this report as Attachment #2.
In order 10 deal with issues respecting building location, septic system location, driveway location
and access corridor siting, each 01 the lots will be subject to Sile Plan Control. It is also proposed
as a condition 01 draft plan approval that a detailed site plan for Ihe entire subdivision be
prepared. This detailed site plan would provide the basis for the individual Site Plan Agreements
thaI would be entered into following the registration 01 the Plan of Subdivision. This was Ihe
same process recently followed for a 13 lot Plan of Subdivision on Highland Drive in Ihe
Horseshoe Resort community.
Adjacent land uses include the Columbus Boys Camp located 10 the west and south of the
proposed 101S. This camp will be retained by the owner (the Moon Point Corporation) and is not
part of the Plan of Subdivision. Lands to the south of the proposed Plan of Subdivision are the
site of a registered Plan of Subdivision (Plan 940) located on the east side of Moon Point Drive.
There are 18 lots within this Plan of Subdivision. The average lot frontage on the street is 34.8
metres. The average lot area is 0.18 hectares. Each of these lots is developed with a home.
The first home in Plan 940 was built in 1955 (lot 4). The remaining homes were developed slowly
over a period of 45 years.
LAKE SIMCOE REGION CONSERVATION AUTHORITY COMMENTS
The Township of Oro-Medonte relies upon the Lake Simcoe Region Conservation Authority
(LSRCA) to provide advice and recommendations on environmental matters. As part 01 their role,
the LSRCA reviews the majority of applications submitted pursuant to Ihe Planning Act
In this case, the applications and the supporting documentation were sent to the LSRCA in mid
2004. Prior 10 the submission of the initial reports, the LSRCA met with the proponents in 2003 to
discuss Environmental Impact Study requirements.
On September 17, 2004, the LSRCA indicated in writing that they required some additional
information Irom the proponent to complete their review 01 the applications. Following the
submission of a revised Environmenlal Impact Statement in October 2004 and a meeting on site
on October 28, 2004, the LSRCA sent an additional letter dated January 12, 2005 requesting
some additional information to complete their review.
2
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Following the submission of a further revised EnVIronmental Impact Statement in May 2005, the
LSRCA provided a commenting letter to the Township of Oro-Medonte dated June 2, 2005, This
LSRCA letter is attached to this report as Attachment #3, Below are a number of quotes from the
June 2, 2005 LSRCA letter:
. 'The study meets the intent of our Terms of Reference at that time (2003) as well as our
current Terms of Reference, The tield survey program was scoped based on the site
characteristics, The technical information presented in the report is satisfactory",
. "Based on the additional technical information provided, we do not consider this to be a
significant wildlife area based on breeding birds, as such, all potential naturat heritage
features have now been addressed through the EtS,"
. 'We have no concerns with potential impacts tram natural hazards,"
. 'We recommend that the Township require the following aspects to be addressed as part
of the subdivision conditions as the design of the development should be reviewed on a
comprehensive basis for the property rather than through future individual owners,
Measures to preserve the integrity of the shoreline and tree cover are acceptable
provided that the following aspects are included,"
On the basis of the above, the LSRCA is supportive of the approval of the requested Official Plan
Amendment, Draft Plan of Subdivision and Zoning By-law Amendment. However, they have
made a number of detailed requests regarding each ot the documents that will be under
consideration by Council. Specifically, it is requested that:
1, The Official Plan Amendment (OP A) contain some policies that provide some direction on
the nature of vegetation removal in the 20 metre shoreline setback area, the need tor
further approvals regarding shoreline works and vegetation retention on the property;
2. The Draft Plan Approval contain conditions that deal with grading, drainage, erosion and
siltation, the need for LSRCA approvals, the need to prepare a Tree Preservation Plan
and Shoreline Access Plan, and the need to prepare a Natural Environment Stewardship
Manual;
3, The Subdivision Agreement include requirements in the Notice of Offers of Purchase and
Sale that indicate that water access and views of Lake Simcoe are restricted through the
Zoning By-law, Tree Preservation Plan and Shoreline Access Plan, and that a Natural
Environment Stewardship Manual has been prepared; and,
4, The Township Zoning By-law Amendment applying to the property includes specific
provisions restricting development within 20 metres of the shoreline and which also
restricts the width of the shoreline access area to 12 metres.
One of the more important conditions requires the preparation of a Tree Preservation Plan and
Shoreline Access Plan to the satisfaction of the LSRCA, Such a Plan must have input from a
registered professional forester. It is the intent of such a Plan to identify development envelopes
that alter no more than 40% of each lot, thereby retaining approximately 60% of each lot in a non-
manicured vegetative state,
3
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11 is my opinion that the LSRCA has made every etfort to respond to the concerns expressed by
residents regarding the impacts ot development on the environment. On the basis of the LSRCA
comments and their recommendations respecting the Official Plan Amendment, the Draft Plan of
Subdivision and the Zoning By-law Amendment, it is my opinion that development can proceed
as proposed. All of the conditions discussed above are reviewed later in this report and have
been included within the Official Plan Amendment, the Draft Plan Conditions and the Zoning By-
law Amendment, as required.
PUBLIC SUBMISSIONS
The public meeting was held on March 21, 2005. Approximately 45 members of the public were
in attendance. During the public meeting, and following the public meeting written submissions
were received from:
NAME DATE
Janet Bumstead April 1, 11 and 15,2005
Jim Woodford March 30 and 31, 2005
Anna Arnold April 7, 2005
Bob and Dodi Weill Amil 8, 2005
Donna Gowland Amil 11, 2005
Kirsten Burlinq Ami110, 2005
Lvnne and Lionel Walters Aoril 7, 2005
William Moore Aori112,2005
John and Carolvne Macdonald Aoril 13, 2005
Mark Rosati and Maraaret Burohardt ADri111, 2005
Les and Paula Kirsh i ADril 29, 2005
Teresa Reckret April 13, 2005
Anne Green April 15, 2005
I Jessie Alexander March 21,2005
Sheila Wood April 15, 2005
Francis Bowers and Marv O'Farrell-Bowers Amil 29, 2005
Brian and Heather Crate Aori I 4, 2005
Garv and Isabelle Thiess Aoril14, 2005
Gerrv and Pam Murfitt Aoril 29, 2005
Moon Point Resident's Association Aori112, 2005
A summary of the main points raised in the submissions and our responses are below:
1. Submission - The Township shoutd consider acquiring the property for public use,
Response - The acquisition of the lands for public use is a Council decision. However,
given the opinion and recommendations of the LSRCA and the current policy framework
respecting shoreline development, it is my opinion that Council should focus more on
acquiring property that is the site of significant natural heritage features, such as lands on
the Oro Moraine.
2. Submission - The proposed development will have a negative impact on the
natural heritage features and functions on the site and beyond.
4
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-
Ib
Response. The LSRCA has carefully reviewed the proposal in accordance with the
Provincial Policy Statement, the County of Simcoe Official Plan and the Township Officiat
Plan to determine what impact the proposal will have on the environment, The LSRCA
has concluded that there are no significant features or functions on the site.
On this basis, they have clearly indicated that they have no opposition to the
development of the site, provided a number of detailed conditions are incorporated into
the approvals to ensure that development occurs as planned. Specifically, conditions will
require that a certain percentage of the tree cover on the property be retained during and
after construction and that an access/view corridor to the lake having a maximum width of
12 metres be permitted.
3. Submission. The proponent's environmental impact statement has not complied
with the standards set out by the LSRCA regarding the preparation of such
studies.
Response - In their June 2, 2005 letter, the LSRCA has indicated that the work
completed by the proponents was completed in accordance with their requirements.
4, Submission . The Township does not have the staff or consulting expertise to
carry out an environmental analysis 01 the property.
Response - The Township relies upon the LSRCA to carry out reviews of Environmental
Impact Studies on behalf of the Township of Oro-Medonte. It is my opinion and the
opinion of the Township that the LSRCA has the staff expertise to properly assess and
consider applications for development on behalf 01 the Municipality.
In the carrying out of their duties, they typically work with a proponent to determine
exactly what needs to be studied and what their requirements will be prior to making a
final recommendation. Throughout this process, the LSRCA has met with residents, staff
and the proponent on numerous occasions to ensure that it had a complete
understanding of the issues and was able to provide objective advice to the Township
with respect to this application.
5, Submission - The reports prepared by the proponent do not address the fisheries
resources on Lake Simcoe. In addition, extremely long docks would be required as
a result 01 the shallowness of the water and these docks would have a negative
impact on the lisheries.
Response _ The final Environmental Impact Statement prepared by the proponents
contains a review of the fisheries resources on this part of Lake Simcoe. It is concluded
that the "nearshore fish community is dominated by forage species, primarity shiners,
minnows and allies. with a seasonal habitat use by yellow perch and smallmouth bass.
This community type is common to Lake Simcoe and to other adjacent waterbodies in
southern Ontario. There is no evidence of coldwater fish community production. for
example lake whitefish, using nearshore habitat in this vicinity for either spawning or
nursery habitat."
The LSRCA has not indicated that they have a concern with the proponenl's submission
in this regard. However, it is recommended that conditions be included within the
5
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approvals that would require the approval of the LSRCA. the Ministry of Natural
Resources (MNR) and/or the Department of Fisheries and Oceans (DFO) for any works
in the shoreline. This is the approach typically followed by the LSRCA for small-scale
developments where individual docking facilities may be proposed. There is no guarantee
that a permit will be issued by the LSRCA for a dock on fhe site.
6. Submission - The approvals for the proposed development should either be
refused or deferred given that an Assimilative Capacity Study of Lake Simcoe is
currently underway.
Response _ The Assimilative Capacity Study currently being undertaken by the Province
and the LSRCA will be completed in 2006. Generally. the LSRCA is concerned about the
amount of phosphorous leaching into the lake from sewage disposal systems, farming
activities and general runoli from roads. Both the Province and the County have
indicated that planning applications in process need not be delayed until the study has
been completed. In addition, one of the primary focuses of the Assimilative Capacity
Study and the work emanating from that study will be an assessment of sewage
treatment options for large-scale urban development within the Lake Simcoe Watershed.
Given the limited amount of shoreline available in the Township of Oro-Medonte for low.
density residential development on private septic systems, no concern has been
expressed by the LSRCA about the added impact of developing 14 homes on the
property on the lake. However, it is my opinion that it would be appropriate to further
study private sewage disposal options on the property to ensure that only systems that
have minimal to non-existent impacts on the environment in terms of nutrients and
phosphorous are developed. In addition, retaining about 60% of the tree cover on the
property will assist in minimizing the amount of phosphorous that enters into the lake
from the proposed development.
7. Submission' The introduction of 14 property owners will have an Impact on the
seasonal birds and other animals that make use of the shoreline.
Response _ The proponents have indicated that the breeding birds using the property
are likely to adapt to habitat changes on the site. In addition, it proposed to ensure that
all construction on site take place in accordance with the Migratory Bird Convention Act.
Lastly, the retention of the majority of the trees on the site will ensure that there are
minimal impacts on habitat. It should be noted that the LSRCA has indicated that "we do
not consider this to be a significant wildlife habitat based on breeding birds...."
8. Submission' The lands are unsuitable for development as a result of the depth of
the water table.
Response. It is agreed that the water table is elevated on the lands. As a result, the
proposed leaching beds will have to be raised approximately 1,0 metre above grade and
the homes will be elevated. This is a typical response to elevated water table conditions
and has been considered acceptable in other locations. In addition, the detailed
stormwater management report prepared as a condition of draft plan approval will also
address this issue.
6
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9. Submission _ The mitigation measures proposed by the developer will not work (or
are unlikely to work).
Response _ A number of conditions are required to be fulfilled as a condition of Draft
Plan Approval. In addition, individual Site Plan Agreemenls entered into pursuant to the
Planning Act are also required. The Site Plan Agreement will contain a number of
provisions that will require the property owner to ensure that the mitigation measures
recommended by the LSRCA are implemented. However, there is always the possibility
that an individual lot owner will not comply with the agreement. As a result, the Site Plan
Agreement will contain provisions that provide the Township with the ability to order
remedial works and/or carry out the remedial works and bill the individual lot owner. The
Township can aiso prosecute a breach of the Site Plan Agreement through the courts.
With respect to tree loss, many of the older developments in the Township were not
subject to any specific controls regarding the retention of trees on their properties. As a
result, many of the trees on existing lots on the shorelines of Lake Simcoe and Bass Lake
have been lost. It is for this reason that the Official Plan requires minimum lot sizes of
0.6 hectares to maximize the amount of trees retained on a property. This minimum lots
size, coupled with subdivision agreements and site plan conditions will go along way to
ensuring that the maximum number of trees are retained on each lot.
10. Submission _ The proposed development will not be consistent with the Provincial
Policy Statement (PPS) and will not be in conformity with the Township's Official
Plan.
Response _ The PPS (March 2005) states in Section 2.1.3 thai development shall not be
permitted in significanl habitat of endangered and threatened species, in significant
wetlands and in significant coastal wetlands. These features do not exist on the property,
or within 120 metres of the lands to be subdivided.
Section 2.1.4 of the PPS states that development may be permitted in significant
woodlands, significant valleylands, significant wildlife habitat areas and in significant
areas of natural and scientific interest provided it "has been demonstrated that there wit!
be no negative impacts on the naturalleatures or their ecological functions." The LSRCA
has confirmed that none of the above features exist on the lands to be subdivided and
have indicated that they have no objection to the approval of the applications.
With respect to the Township Official Plan, Council did adopt an Amendment to the
Township of Oro-Medonte Official Plan that included very specific criteria in the Official
Plan to deal with applications within the shoreline area. These criteria were subsequently
approved by the County of Simcoe in February 2005 with no appeals. These criteria are
considered later in this report, however, it should be noted that the proposed
development wifl conform with these criteria in every respect.
11. Submission _ Construction will have an impact on the flow of ground water in the
area, particularly with respect to flooding.
7
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Response - Shallow groundwater flow on the site is expected 10 be primarily eastwards
and northwards towards Lake Simcoe. As a result of the elevated water table on the site,
both the homes and the septic systems will be raised, which should minimize impacts.
The construction 01 the road may also have impacts on fhe llow 01 groundwater. The
storm water management report prepared as a condilion 01 draft plan approval will
address this issue.
12. Submission - The property is one of the last remaining natural areas along the
shoreline and therefore should be preserved.
Response - It is agreed that the subject property is one of the last remaining properties
along the Lake Simcoe shoreline in Oro-Medonte that has not been developed.
However, there is no policy framework in place at the provincial, county or local level that
is intended to preclude development lrom occurring for this reason alone. Instead, the
policies require the careful consideration of the impacts of development and the suitability
of the lands for development It is on this basis that the LSRCA was asked to review the
site and the supporting studies.
It is also agreed that there is some benefit in retaining these natural areas over the long
term. However, this benelit must also be balanced against the aspirations of a
landowner. the policies of the Township's Olficial Plan and the presence/absence of
significant wildlife habitat or other natural heritage features on the lands.
13. Submission - The reduced lot frontage on the road for the majority of the lots is
inappropriate.
Response - It is agreed that the lots will have reduced lrontages at the road. However,
all of the lots will have larger than required lrontages on the water. Given the lot sizes
involved (minimum lot size 0.6 hectares) and the depth of the lots, a reduced lotlrontage
at the road is considered to be appropriate. The large minimum lot size of 0.6 hectares is
considerably larger than the existing lots that are located to the south of the subject
property along Moon Point Drive. This larger lot area allows lor the nesting of the
proposed development in the existing environment
14. Submission - The proposed development will act as a precedent for future
development in the area.
Response - With respect to precedent, fhe policies of the Official Plan currently prohibit
the development of new residential lots on the fringe of the City of Orillia. The exception
is along the shoreline where such development can be designed to blend in and be
compatible with existing shoreline development. Given the location of the property and
the policies of the current Official Plan. it is my opinion that the development will not set a
precedent for additional development along Woodland Drive leading to Memorial Road in
the City of Orlllia.
15. Submission - The lands are currently environmentally protected and should be
maintained as such.
Response - The lands are not designated Environmental Protection 1 or Environmental
Protection 2 by the Township of Oro.Medonte Official Plan. The Environmental
8
~ ~c2~
Protection 1 designation applies to those features that are considered to be significanf
according to the Provincial Policy Statement. The Environmental Protection 2
designation is intended to apply to lands which are not considered to be significant, but
which contribute to the integrity of the Township's Natural Heritage system.
Notwithstanding the above there is small area of land on the Moon Point property that is
zoned Environmental Protection. However, this zoning has been deemed to be incorrect
by both the Township and the LSRCA, since it was intended to apply to a watercourse.
Such a watercourse, while appearing on old base maps of the area, does not exist on the
site.
16. Submission - The proposat will have a negative impact on the wetlands in the area,
Response - The development is located further than 120 metres from the closest
wetland. On this basis, the LSRCA does not have any concerns about the impact on the
proposed development on wetlands in the area.
17. Submission - The construction traffic, in addition to the traffic generated from the
new homes, will have an impact on the area.
Response - It is agreed that there will be additional traffic to the site during the
construction. However, local Township roads are designed to accommodate up to 1000
to 2000 vehicles per day. At the present time, Moon Point Drive does not support that
amount of traffic. As a result, the impact of the additional traffic will be minimal to non-
existent.
18. Submission - Locating a cul-de-sac on the property is not good planning.
Response - The plan for a cul-de-sac on the property is the most appropriate solution for
development on the site. Creating a through street on the site would result in more
property being utilized for development and more disturbance and tree loss.
19. Submission - The approvals woutd create a precedent with respect to the
remainder of the camp property.
Response - Wilh respect to the remainder of the camp property, we are not aware of any
plans on the part of the camp to develop the remainder of their property. These plans
would have to be supported by an additional amendment to the Official Plan and Zoning
By-law and a new Plan of Subdivision application. In addition, Council would have to
consent to the lifting of 0.3 metre reserve that will be placed on the end of the cul-de-sac.
20. Submission - The development will have an impact on the private wells in the area.
Response - It is my opinion that the assessment has clearly established that the principle
of developing 14 lots on the basis of private wells and septic systems is supportable.
However, more detailed work will be completed as part of the draft approval process and
such work will have to be to the Township's satisfaction before any final approvals are
given.
9
?e-
"
ANALYSIS
Description and Rationale of Existing Official Plan Policy
In August 2003, Council adopted Official Plan Amendment No, 17, OPA 17 deleted the last
sentence of Section D10,3,a which states:
'~ny amendment to this Plan that has the effect of permitting additional
residential development adjacent to the Shoreline designation will only be
considered as part of a review of the appropriateness of the extent and limits of
the entire Shoreline designation that is carried out and is part of an Official Plan
review. "
OPA 17 replaced the above sentence with the following:
'~mendments to this Plan that have the effect of permitting additional residential
development adjacent to the Shoreline designation will be discouraged, If such
an application is submitted, the appropriateness of the immediate area for
development from an environmental, servicing, character and traffic perspective
shall be assessed If major development is proposed, a detailed review of the
entire Shoreline Area shall be carried out to determine if the proposed location is
suitable and appropriate from a growth management perspective, "
It was my initial recommendation during the Official Plan review that the Shoreline policies be
modified, since there were a limited number of circumstances under which it was felt that
development could occur, under the right conditions, As a result, initial drafts of the proposed
policy change included a number ot conditions that would have provided the basis for considering
such requests, These conditions dealt with servicing, traffic, location, size of lots and
environmental impact However, the criteria were not incorporated in the final draft of OPA 17
adopted by Council and instead, the policy only referenced the issues that needed to be
considered by Council in a review and an application in the future,
In order to provide some time to review the wording of this Section, Council requested the County
of Simcoe to not make a decision on the modification to Section D10,3,a, The intent of the
request was to ensure that the original intent of Council as articulated in the adopted version of
OPA 17 was more clearly articulated, The result was the preparation of a more detailed policy to
provide and appropriate basis for the consideration of applications for development in the
Shoreline Area in the future, This revised policy, as modified by the County of Simcoe, is below,
'The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permilted by this Plan. Exceptions may be granted
through the approval of an Official Plan Amendment if the expansion is small in
scale, and is either focused on the shoreline or is considered to be infilling,
Infilling is defined as development that abuts a developed area on two sides
and/or is located within a parcel of land that abuts public roads on at least three
sides, The creation of strip development across from existing development on
existing public roads is not contemplated by this Plan.
Council may consider such minor amendments to the Official Plan to redesignate
lands for such limited shoreiine development, provided Council is satisfied that:
10
f:X~
a) The lots will have a minimum area of 0,6 hectares to a maximum area of
approximately 1.0 hectare, except where larger sizes may be suitable
because of environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained
and protected as part 01 the approvals process;
c) The development s compatible, in terms 01 scale, density and character,
with existing development;
d) The proposed lots, if located on the shoreline, have a water Irontage of
no less than 45 metres; and,
e) The lots would conform to the general subdivision and consent policies
01 this Plan
For Plans of Subdivision that involve the creation of lots with water Irontage, only
a single tier 01 lots shall be created, all with water frontage as set out in Section
010,3,6 of this Plan, tn addition, no new lots with direct access to County Roads
are permitted,
tf major development is proposed (which is defined as development that does not
meet the above criteria), a detaited review of the entire shoreline area shall be
carried out to determine if the proposed location is suitable and appropriate from
a growth management perspective, "
Conformity of Proposal with the Township Official Plan
The subject lands are designated Restricted Rural in the Oro.Medonte Official Plan. It is
proposed that the lands be designated Shoreline,
The vision of the Official Plan recognizes that the Township's open, relatively natural and rural
character is the quality that residents value most about their community, Section A2,3 of the
Officiat Plan states that one of the primary principles of the Plan is to consolidate rural
devetopment in existing Settlement Areas to protect the character of rural areas. In addition, it
adds "to ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas
and the rural and agriculturat area of Oro-Medonte, new development adjacent to either City shall
be restricted to agriculturat and agriculturat.related uses",
Although the proposed residential development is located close to the Oro-Medonte/City of Orillia
border, the two areas would most likely never be joined by residential development To the
northeast of the property are low swampy lands that are unsuited for development and which are
part of the Bluffs Creek wetland, which is considered to be a Provincially Significant Wetland,
The presence of these lowlands within the City of Orillia and in Oro-Medonte will ensure that a
clear spatial delineation is maintained between the built form of Orillia and Oro-Medonte,
With respect to Section D10.3,8, as modified, below is my opinion on how the proposed
development conforms with the criteria set out in that Section,
1. The policy indicates that "exceptions may be granted through the approval of an Of Ii cia I
Plan Amendment il the expansion is small in scale, and is either focused on the shorefine
or is considered to be infilting", Given that the 14 lots proposed are focused on the
shoreline, the consideration of an Official Plan Amendment by Council is permitted by the
policy.
11
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2. The policy reqUires that lots have a minimum area of 0.6 hectares and a maximum area
of 1 hectare. All of fhe lots will have a minimum lot area of 0.6 hectares.
3. The policy requires that the "majority of the existing tree cover on the proposed lots is
retained and protected as part of the approvals process". The proponent has indicated
that 60% of the vegetation on each lot will be retained. This percentage will be
incorporated within the Subdivision Agreement and the Site Plan Agreements that will be
registered on title. As a result, this policy has been satisfied.
4. The policy requires that the development be "compatible, in terms of scale, density and
character, with existing development". The proposed shoreline residential lots will have
lot areas that are much larger than the majority of existing lots along the shoreline. The
larger lot size will provide opportunities for the retention of the majority of vegetation on
each lot. In addition, given the location of the lots and the limited amount of land
available for shoreline development around Lake Simcoe, it is anticipated that the homes
will be relatively upscale in nature and well maintained. Lastly, each of the 14 lots will be
accessed by a new public road that intersects with Moon Point Road at an appropriate
location. It is not anticipated that the traffic generated from the 14 lots will have a
measurable impact on the character of the area.
5. The policy requires that each of the proposed lots with water frontage have a water
frontage of no less than 45 metres. Each of the lots will conform with this policy.
6. The policy also requires that the proposal conform with the general subdivision and
consent policies of the Official Plan. On the basis of a review of those policies contained
in the Official Plan, as amended by OPA 17 (Section 02.3), and on the basis of a review
of Section 51 (24) of the Planning Act, as amended, it is my opinion that the proposed
development conforms with those policies in every respect.
ft is on the basis of the above that if is recommended that Planning Advisory Committee/Council
adopf the Official Plan Amendment, grant Draft Plan of Subdivision Approval and pass the
Implementing Zoning By-law with a Hofding provision.
DOCUMENTATION
The applicant has applied to amend the Official Plan, the Zoning By-law and to obtain approval
for a draft Plan of Subdivision. Given that this report recommends that the applications be
approved, below is a brief discussion on the form of each of the documents that will provide for
the development.
Official Plan
It is proposed to include site-specific policies in the Shoreline Section of the Official Plan that
would provide very clear guidance on how development on the property is to proceed.
Specifically, the policies will require that detailed site plans be prepared for each lot prior to final
approval and that each lot be the subject of Site Plan Control following final approval of the Plan
of Subdivision. In addition, the policies clearly articulate the intent of the Township with respect to
maintaining forest cover on each of the lots through the site planning process. The proposed
OPA is attached to this report as Attachment #4.
Zoning By-law
It is proposed to place the property in the Shoreline Residential zone. The only exception
required to the zone standards is for the minimum lot trontage. However, it is also appropriate to
12
(Pe- :21
include a restriction on the number of lots to be developed as well. As a result, the exception will
limit the number of lots permitted on the property to 14 and will provide for a minimum lot frontage
of 22 metres. The Zoning By-law will include a Holding provision that shall not be lifted until Site
Plan agreements have been entered into between the Township of Oro-Medonte and individual
lot owners. The draft Zoning By-law is attached to this report as Attachment #5.
Plan of Subdivision
A comprehensive review of all of the supporting reports and the agency comments has been
undertaken as part of the process of developing a series of draft plan conditions that would apply
to the property. While many of the draft plan conditions are standard conditions that would apply
to any subdivision in the Township, there are a number of unique conditions that are intended to
ensure that the specific recommendations of the LSRCA are implemented. A brief description of
these unique conditions is below.
1. Condition 6 requires the preparation of detailed plans showing:
a) storm water management measures;
b) general lot grading including existing and proposed elevations;
c) building envelopes;
d) septic system locations;
e) driveway locations;
f) erosion control measures;
g) site servicing including water, hydro, telephone, cable tv and gas services, as
well as main line utilities and appurtenances in the road allowance; and,
h) areas where existing vegetation is to be retained.
2. Condition 12 requires that the Subdivision Agreement contain provisions notifying
prospective purchasers that a Site Plan Agreement between individuatlot owners and the
Township will be required before building permits can be issued.
3. Condition 19 requires that a common drainage swale system be designed at the rear of
the septic systems and primarily along the 20 metre shoreline setback limit to ensure that
there is some level of water ftow to the ponding area locations adjacent to the berm.
4. Condition 20 indicates that the Subdivision Agreement will include provisions that notify
prospective purchasers that specific approvals will be required for any dock construction
on the property.
5. Condition 29 requires that a Tree Preservation and Shoreline Access Plan be prepared.
It is within this Plan that 60% of each lot will be shown as being retained in a non-
manicured vegetative state.
6. Condition 30 requires that a Natural Environment Stewardship manuat be prepared. This
manual is intended to educate lot owners on the value otthe woodlands and ephemeral
pools on the property.
The suggested draft plan conditions are attached to this report as Altachment #6. It should be
noled that the conditions require either a 5% land dedication for parkland or cash-in-lieu ot
parkland. The draft plan does not show a parkland block, It is my opinion that it would be more
appropriate for the Township to collect cash-in-Iieu of parkland in this case since the siting of a
13
(p
park tor public use on the lands to be subdivided is not necessary or in the public interest, since
the potential public use may have an impact on the character ot the area.
RECOMMENDATION
It is recommended to Council that
1. Report No. PD 2005-036, Nick McDonald, Planning Consultant, reo Moon Point
Development Application, Part ot Lots 15 and 16, Concession 3 (Orillia), Township ot
Oro-Medonte, File No's: 2004-Sub-01, 2004-0PA-02 and 2004-ZBA-09 be received and
adopted;
2. That Ofticial Plan Amendment No. 21 as set out in Attachment #4 to Report No. PD 2005-
036 be adopted;
3. That Zoning By-Law as set out in Attachment #5 to Report No. PD 2005-036 be passed;
4. That Draft Plan Approval to the lands proposed to be subdivided by the Moon Point
Corporation and application of the draft plan conditions as set out in Attachment #6 to
Report No. PD 2005-036 be granted;
5. And Further That cash-in-lieu ot parkland as part ot the subdivision approval process be
authorized.
~"'"'" ,"'m'''',
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Planning Consultant
C.A.O. Comments:
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Date: O~
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,/::JJ nUJil,
C.A.O.V
Dept. Head
f:\PLANNIHG\O.Oevelopmem &. Planning\D12 SUbdillision PlansI.2004.SUB.0l, 2004-IBA-09, 2004.0PA.02 Moon Point (orporation\Report PO 2005-036 Moon Point
re<:ommeodatiOfl to PA(.doc
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FIGURE 6
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Moon Point Concept Plan
Prop<?~~d Vegetation Retention
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;~UN. 2. 2005 4: 3SPM
L S RC~,
foe -
NO. 60
r-. 'i,i ~
-rei: 90S ~S95.Ugl
1~SOo..46s..0437
FIl%; 9OS_g5J..SUl
E,J.b.i~ iD(o(il}sl'(2,.on..ca
Web: 9._'lstc:~.on.~
120 B",,'ViC"tl. P:u~y
Box 252
Ncwrn:).rke~ Ono.rio
WY 4X1
A
Watershed
for Lik
Se1It by Facsimile 1_705_487-0133
June 2, 2005
File i'ios.: 2004-SUB-01, 2004-0PA-02 & 2004-ZBA-09
IMS i'ios.: 1'SDC114C24, POFC234, PZOC465
Mr Bruce Hoppe, Director of Planning
Tov,'nship of Oro_Medonte
P.O. Box 100
Ore, ON LOL 2XO
Dear Mr Hoppe:
RE: Proposed Official Plan and Z<>ning By-law Amendments
Proposed Draft Plan of Subdivision
Columbus Club of Toronto
purt Lots 15 and 16, Concession 3
Township'of Oro I"'Jedonte
The staff of the Lake Simcoe Region Conservation Authority (LSRCA) have reviewed the
Environmental Impact Statement & SWM and Natural Hazard Study Final Study Report
(Greenland Consulting Engineers and Watershed Management Ecology, May 2005) prepared to
address our comments May 3, 2005, Please note that only the main document has been revised.
The two appendices remaiIJ the same.
In preparing the Environmental Irnpact Study, the consultants contacted the LSRCA at the start
of the project in 2003 and we reviewed the terms of reference for this project. The Study meets
the intent of our T<rJU' ofRcfcrcn<e ot that time, as wel1:.s our cement Term;; of Reference. The
field survey program was scoped based on the site characteristics. The technical infOlmation
presented in the report is satisfactory.
We note that the concept plan illustrates woodland cover remaining on the lots in relatively large
contiguous blocks acrosS the front of the lot. Twelve metre wide access points to the water are
illustrated on the plan and located to ret:ll.'1 as narurally appearing ShOldul" as po.sible. The
report indicates that 62% vegetation coverage will remain. We recognize that the concept plan
is illustrative and will be refined through detail design through the subdivision conditions and
site pl:ll1 approvaL
B:.sea on the additional technical information provided, we do not consider this to be 11
significant wildlife area based on breeding birds, as such, all potenrial natural heritage features
have now been addressed through the EIS. As well, the concept plan illustrates development
outside the flood plain ond ero.ion prone areas. Therefore. we have no concerns with potenrial
impacts from natural hazards. The illustrated vegetation coverage will assist in providing the
anticipated stormwater quality control.
A number of the comultant's recommendations propose further work at the site plan control
stage. We recommend that the Tov.'l1Ship require the following aspects to be addressed as part
of subdivision conditions' as the design of the development should to be reviewed on a
comprehensive basis for the property rather than through future individual owners. Measures
to preserve the integrity ofthe shoreline and tree cover are acceptable provided that the following
aspects are included.
Page I of4
It 2,>2005
L35PM
(p
NO. 60 'I
2 4
June 2, 2005
File Nos.: 2004-StlBcOl, 2004.0PA-02 & 2004-ZBA-09
IMS Nos.: PSDCl14C24, POFC234, PZOC465
Mr Broce Hoppe, Director of Planning
Township of OrocMedonte
Page 2 of 4
",
1. A tr,,"preservation plan and shoreline access plan be prepared by the developer. This
will ensure that development envelopes are located to maximize the woodlot coverage
. in Jarge cOlltiguousblocks, while accounting for engineering requirements;vith lot
grading, water well and tile bed locations. Funher, the location of suitable access points
williake into consideration shoreline vegelation as well as the 10calioIl "fUle ephemeral
pools... The preparation of these plans . willrequire the expertise of a registered
profess{onaiforei'ier (RP'fTioideriiiijsignifrcant IT"es oiitliesite worthy of protection.
Prior to preparation of these plans, the applicant should consult with LSRCA staff to
establish the criteria for identifying significant and specimen trees. We believe it is more
appropriate to recognize these species at the beginning of detail design.
2. We WOl.lld llot recomtnend clearing of the water access areas by the developer, although
the general criteria for water aceos.' needs to be defmed by the developer. The future lot
owner should be given the opportunity to leave the shoreline vegetation intact. Limited
shared access should be considered and is recommended by the LSRCA.
3. We would recommend that if the replacement tile bed location is required in the future,
that an equivalent area be replanted ",'ith woody vegetation.
4. We also recommend that a Natural Environment Stewardship Manual (refered to as
Homeowner's Manual in the EIS) be prepared as a condition of draft plan approval and
be made available to prospedive lot purchaser'S. This manual will need to be prepared
by a qualified landscape architect.
We have no objection tothe Official Plan amendment provided that it includes the following:
l. Vegetation removal within the 20 metre water setback area shall be limited to provide
for viev.'ing, access to the shoreline and any shoreline structures. Removal ofa minimum
number of trees to provideviews of the water will be encouraged along with other less
invasi,,'e measures such a.c pruning-
2. Shoreline works may require a permit from the Lake Simcoe Region Conservation
Authority, Ministry of Natural Resources, or the Department of Fisheries "nd Oceans.
3. Every effort will be made to retain tree cover with this development. lVleasures such as
ma.ximizingtbecontiguous area-of tree cover and re.taining shoreline vegetation, except
to pro,'idewater accesS or views, in the siting of development envelopes will be used.
Generally the site will be designed such that approximately 60% non-manicured
vegetative cover will be retained,
dllN. 2.2005 4:35PM
LSRCA
"
NO, 601
June 2, 2005
File Nos.: 2004-S1.JB-Ol, 2004-0P A-02 & 2004-ZBA-09
IMS Nos.: PSDCll4C24, POFC234, PZOC465
Mr Bruce Hoppe, Director of Planning
Township ofOro-Medonte
Page 3 of 4
We have nO objection to draft plan approval with the following conditions:
I. That this approval relates to a draft plan of subdivision prepared by Jones Consulting,
dated April 5,1004.
2. Prior !6fifialapjlrovalandto any grading taJd11g place on the site, a Stormwater
Management Report incorporating Enhanced Protection (MOE, 2003) be prepared to the
satisfaction ofthe Lake Simcoe Region Conservation Authority. Provision must be made
to locate detention facilities above the elevation of the 1: I 00 year storm floodline if
applicable.
3. That a lot grading and drainage plan be prepared to the satisfaction of the Lake Simcoe
Region Conservation Authority.
4. That a report bepcepared to the satisfaction of the AuthoritY detailing the means whereby
erosion and siltation win be minimized and contained on the site both during and
subsequenl to the construction period.
5. That the owner agree in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a mannet satisfactory to
the Lake Simcoe Region Conservation Authority.
6. That the owner obtain all necessary Authority permits.
7. That the owner prepare a trec preservation plan and shoreline access plan to the
satisfaction of the Lake Simcoe Region Conservation Authority. The preparation of
these plans must include the expertise of a registered professional forester (RPF).
Development envelope liroits, including building, septic system, driveway access,
shoreline access. and outdoor living space, "ill be defi.ned. Development envelopes wHl
alter a.pproximately 40% of each lot, retaining approximately 60% in a non-manicured
vegetated state. Vegetation removal within the 20 metre water setback area will be a
maximum of 12 metres of shoreline length for each 10L
8. That the owner prepare a Natural Environment Stewardship Manual for prospective
purchasers that will educate the landowner on the value of the woodl:md. and ephemeral
pools as part ofthe Lake Simcoe watershed, as well as suggestions to maintain the health
of the ecosystem. This would cover such aspects, but not be limited to, the value of
native vegetation, control of nuisance plant and animal species, identify appropriate
species for restoration or ='1ancement planting's suitable to the area, and limiting
pesticide, herbicide, and fertilizer use. The manual will be prepared to the satisfaction
of the Lake Simcoe Region Conservation Authority.
:
JUN. 2.2005 4:35PM
L f; FC.L
NO. 60!
P. 4i4
~ 3(
June 2, 2005
File Nos.: 2004-SOO-OI, 2004-0PA-02 & 2004-ZBA-09
IMS Nos.: PSDClI4C24, POFC234, PZOC465
Mr Brllce Hoppe. Director of Planning
Township ofOro-Medonte
Page 4 of 4
9. That the ,ubdi,~sion agreement include requirements in the Notice of Offers of purchase
and Sale for prospective purchasers to the satisfaction of the L*e Simcoe Region
Conservation Authority:
:water access and views ofLa}<e Simcoe are restricted through the Zoning By-law,
tree preserVation l'la.ii,andshoreli!leaccess pIal).
b) aN atural Environment Stewardship Manual as prepared under condition 8 will
be provided to the prospective purchaser.
c) that permits may be required from the Lake Simcoe Region Conservation
Authority, Ministry orN atura] Resources or Depanment of Fisheries and Oceans
for shorelme works.
We hove nO objection to approval of the zoning hy-law amendment with the following
provisions included:
1. TIle To'\vllship ZorungBy-law Tetnm 0. minimum development setbackof20 metres from
the shoreline. This would include buildings and strJctures including septic systems, but
excluding docks, boathouses and oth.,,- shoreline related structures.
2. A maximum of 12 metres maybe used for shoreline related structures and access.
Please contact me if you have any questlons. Please reference the above file numbers in future
correspondence.
Yours truly,
JW/ph
c. Kevin Anderson, The TayJak Group, 1-905-665-203] -Fax
Jim Hartman. Green]and International Consultmg Ltd., 1_705-444-5482 - Fax
Geza Gaspardy, Watershoo Management. Ecology - 1-416-850-5181 - Fax
S :\):an~t\l,l\Lettrr!"'l.lb~;,romedonte.mtlon point 4. \\'i'd
~, '. .'
d3;l
,tJlrf,1: tJ1tP/1 f d Y
\ i
OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO.MEDONTE
Township Application # 2004-0PA-02
Prepared by
/..-.,
( ~ t!FJJ1>JA,~
\...../f
Township Planning Consultants
June 6, 2005
(p - ~J
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
2
PART I:
THE INTRODUCTION
3
3
1.0
PURPOSE
3
2.0
LOCATION
3
3.0
BASIS
PART II
THE AMENDMENT
5
PART III
THE APPENDICES
6
Appendix 1:
Planning Report prepared by Meridian Planning Consultants
(Township Planning consultant)
'-
BY.LAW
The Corporation of the
Township of Oro-Medonte
Being a By.law to Adopt
Amendment No. 21 to the Official Plan
WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its Omcial
Plan as required;
~, ~1
AND WHEREAS the process lor considering such an Amendment was in accordance with
Section 17 and 21 of the Pianning Act, R.S.O. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the
public interest
NOW THEREFORE it is resolved that
1.
Amendment number 21 to the Official Plan, attached hereto, is hereby adopted
and;
2.
This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, c.P. 13
Read a iirst and second time on the _day of June, 2005
Read a third time and finally passed this _ day of June, 2005
Mayor
Clerk
Official Pian Amendment 21 I'M"
(Moon Point Corporation Application) f..'. MER IDIAN
Township of Oro-Medonte \' ~_o::-AllJH<n,..c..
, I
Prepared by '-'"
Page 1
June 6, 2005
{p -35
CONSTITUTIONAL STATEMENT
Part I: The Introduction, provideS general information regarding the general policy
update. Part I: The Introduction does not constitute an operative part of
Amendment No, 21 to the Official Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No. 21 to the Official Plan.
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No. 21 to the
Official Plan,
Official Plan Amendment 21 ,r'""'I"
(Moon Point Corporation Application) ( i,MERlDlAN
Township of Oro~Medonte \. . IVW<~COO*.J'-'''''':;'
, .f
Prepared by "--'
Page 2
June 6, 2005
#30
PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No. 21)
1.0 PURPOSE
The purpose of this Amendment is to change the land use designation applying to a parcel of
land along the Lake Simcoe shoreline to provide for the development of a 14 lot Plan of
Subdivision.
2.0 LOCATION
The Amendment applies to lands within Part of Lots 15 and 16 in Concession 3 01 the 10rmer
Township 01 Orillia, now in the Township 01 Oro-Medonte, as shown on Schedule 'A', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached to this Amendment as Appendix
'A'. The Planning Report reviews the application in detail and its conformity with the Township of
Oro-Medonte Ofiicial Plan.
Section 010.3.8 01 the in eifect Official Plan contains a policy tha1 is intended to be considered
when applications tor shoreline development are submitted. This policy is reproduced below:
"The lurther expansion 01 Ihe shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan. Exceptions may be granted through
the approval 01 an Ollicial Plan Amendmenl il the expansion is small in scale, and is
either locused on the shoreline or is considered to be inlilling. Inlilling is delined as
developmenl that abuts a developed area on two sides and/or is located within a parcel
01 land that abuts public roads on al least three sides. The creation 01 strip developmenl
across lrom existing development on existing public roads is not contemplated by this
Plan.
Council may consider such minor amendments to the Ollicial Plan to redesignate lands
lor such limited shoreline development, provided Council is satislied that:
a) The lots will have a minimum area 01 0.6 hectares to a maximum area 01
approximately 1.0 hectare, except where larger sizes may be suitable because of
environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
c) The development s compatible, in terms 01 scale, density and character, with
existing development;
Official Plan Amendment 21 /"1'\
(Moon Point Corporation Application) ( A.MERIDIAN
Township of Oro-Medonte \ pj ~_~__n,_
Prepared by '-./
Page 3
June 6, 2005
~
-31
r
d) The proposed lots, if located on the shoreline, have a water frontage of no less
than 45 metres; and,
e) The lots would conform to the general subdivision and consent policies of this
Plan.
For Plans of Subdivision Ihat involve Ihe crealion of lots with waler frontage, ontya single
fier of 10lS shall be created, all wilh waler frontage as set out in Section Dl0.3.6 of this
Plan. In addition, no new lots with direct access to County Roads are permitted,
II major development is proposed (which is defined as development that does not meet
the above criteria), a detailed review 01 the entire shoreline area shall be carried out to
determine il the proposed location is suitable and appropriate Irom a growth management
perspective. "
The Amendment to the Official Plan will conform to the policy set out in Section D10.3.8 in every
respect. Specifically:
. Each of the proposed lots will have an area of 0.6 hectares or greater;
. The majority of the existing tree cover on the proposed lots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot to ensure that the majority of forest cover is maintained;
. The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character with existing development;
. Each of the proposed lots will have a water frontage of no less than 45 metres; and,
. The general criteria in the Official Plan respecting subdivisions are met.
Council has also had caretul regard to the environmental impact of the proposed development.
The Lake Simcoe Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning matters, has confirmed that the site does not
support significant natural teatures and has recommended that development can proceed
provided certain conditions are satisfied, These conditions will be included in the implementing
documents, The Lake Simcoe Region Conservation Authority letter is attached to the Planning
Report in Appendix 'A'.
Official Plan Amendment 21 ,r_-.
(Moon Point Corporation Application) / ME R IDIAN
Township of Oro-Medonte \.. ,__r;oo.a.l.-n,oo::.
Prepared by ~
Page 4
June 6, 2005
(pe- :zg
.
PART II: THE AMENDMENT
(ThiS is the operative part of Official Plan Amendment No. 21)
ITEM # 1
Section D10 of the Official Plan is amended by adding in a new Section D1 0.9 as set out below:
"010.9
EXCEPTIONS
010.9.1
Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule '_' to this Plan:
a) No more than 14 lots by way of Plan at Subdivision shall be developed.
b) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent ot the site plans
is to insure that the majority of the tree cover within the 20 metre setback
area from Lake Simcoe and on the remainder of each lot is maintained
as development occurs. These site plans are to be approved by the
Township and the Lake Simcoe Region Conservation Authority as part of
the approval process.
c) In order to ensure that individual lot owners and future lot owners are
aware of the site planning process, each of the 14 tots shall be subject to
Site Plan Cant rot pursuant to the Planning Act. These Site ptan
Agreements shall include appropriate provisions that provide for
maximum tree retention on the property.
Official Plan Amendment 21 (~fi
(Moon Point Corporation Application) !.I .J ME R IDIAN
Township of Oro~Medonte \.. .. ....._"'O~..-Tl,O<'
Prepared by '-./
Page 5
June 6, 2005
fpe-3j
.
PART III: THE APPENDICES
Appendix 1
Planning Report prepared by Meridian Planning Consultants (Township Planning
Consultant)
~
Official Plan Amendment 21 / _\
(Moon Point Corporation Application) I . ME R IDIAN
Township of Oro~Medonte \ :_~~._Q'o<.
Prepared by ''-.,./
Page 6
June 6. 2005
Co
~t(f)
/lilac-A ml'F11 ;:;T 5
~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-_
Being a By-law to amend By-law 97-95 to change the zoning of lands owned
by the Moon Point Corporation in Part of Lots 15 and 16, Concession 3
(Orillia)
WHEREAS it is deemed expedient by Council to amend By-law 97-95 to implement Official Plan
Amendment No. 21 to permit a 14 lot Plan of Subdivision.
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. Schedule 'A8' is hereby amended as set out on Schedule 'A-1' to this By-law,
2, Section 7,0 (Exceptions) is hereby amended by adding the following sub-section:
"7.162 Notwithstanding any other provision in this By-law, the following provisions apply
to the lands denoted by the symbol '162 on the schedules to this By-law:
a) A maximum of 14 lots are permitted.
b) The minimum lot frontage is 21.8 metres,
c) The maximum width of an accesslview corridor extending from the
shoreline to the 20 metre setback line from the average high water mark
is 12 metres,
3. The Holding provision shall only be lifted once a Site Plan Agreement has been entered
into.
Read a First and Second time on
Read a Third and Final time on
Mayor
Clerk
&e~'-/J
411cxc:4melle """&;
Applicant: Moon Point Corporalioll
File No.: 2004-Sub-0]
J\1unicipalit)': Township of Oro-J\1edonte
Subject L.nds: Concession 3, Pan of Lots ]5 & ] 6 (Orilli.)
Date of Decision: June 22,2005
D.te of Notice: ..- --, 2005
Last Dale of Appe.l: ..- --, 2005
TIle Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
1. That this draft plan approval applies to the draft plan prepared by Jones Consulting dated April 2,
2005, showing 14 lots in Part of Lots 15 and 16, Concession 3 in the fonner City of Orillia, now the
Township of Oro-Medonte.
2. That 0.3 metre reserves be included on the final Plan of Subdivision along Street 'A', which shall be
conveyed to the Township of Oro-Medonte without monetary consideration and free of all
encumbrances.
3. That the Owner agrees that the road allowance shown as Street 'A' on the draft plan shall be built,
dedicated as a public highway and named to the satisfaction of the Township ofOro-Medonte.
4. That the Owner enter into a Subdivision Agreement with the municipality, agreeing to satisfy all
conditions, financial and otherwise, of the Township ofOro-Medonte.
5. That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided as
public parkland or pay cash-in-lieu of parkland to the satisfaction of Council.
6. That prior to any site alteration or final approval. a plan or plans shall be prepared to the satisfaction
of the Township Engineer and the Lake Simcoe Region Conservation Authority showing:
3. stomlwater management measures;
b. general lot grading including existing and proposed elevations;
c. building envelopes;
d. septic system locations;
e. driveway locations;
f. erosion control measures;
g. site servicing including water, hydro, telephone, cable TV, and gas services; as well as mainline
utilities and appurtenances in the road allowance; and,
h. areas where existing vegetation is to be retained.
These approved plan(s) will form part of the Subdivision Agreement with the Township of Oro-
Medonte.
7. That the Owner prepare site plans for each lot depicting the information prescribed in Condition 6
as required.
8. That the Owner undertake soil suitability testing on lands proposed for private septic systems to the
satisfaction of the Township ofOro-Medonte.
0-t:! - 462
Applicant: /\'100n Point Corporation
File No.: 2004-Sub-0]
Municipality: Township of Oro-Medonte
Subject Lands: Concession 3, Port of Lots IS & 16 (Odilia)
Dote of Decision: Juoe 22, 2005
Dote of Notice: --- --, 2005
Lost Dote uf Appeal: -- --, 2005
9. That prior to final approval, the appropriate zoning shall be in effect for this subdivision, In
accordance with the provisions of the Planning Act R.S.O. 1990, c. P. 13. Such zoning shall
include a holding provision that shall not be lifted by Council until an appropriate Site Plan
Agreement pursuant to Section 41 of the Planning Act has been entered into between the Township
ofOro-Medonte and the owner of the lot for which a building permit is requested.
10. That such easements as may be required for utility or drainage purposes shall be granted to the
appropriate authority.
1 l. That the Subdivision Agreement contain a clause to the effect that individual lot owners will be
required to obtain the services of a professional engineer registered with the Association of
Professional Engineers of Ontario experienced in private sewage system design to prepare a detailed
site development plan for approval by the Township Engineer prior to the issuance of a Sewage
System Permit. This site plan will be in conformity with the plan or plans described above, and will
contain the following:
a) The location of all buildings and stmctures existing or proposed on the lot.
b) The location, size and header invert elevation of the sewage system including existing and
proposed finished grades.
c) Drainage control measures.
12. That the Subdivision Agreement contain a clause 10 the effect that individual lot owners will be
required to enter into a Site Plan Agreement with the Township ofOro-Medonte pursuant to Section
41 of the Planning Act R.S.O. 1990 c.P.13 before a building permit can be issued. The Site Plan
Agreement shall deal with the items listed in Conditions 6, 19,24,29 and 30.
13. That the Subdivision Agreement contain the following clause:
"The Owner shall include in all offers of Purchose and Sale a clause advising perspective
purchasers that a Site Plan Agreement between individual lor owners and the Township of Oro-
Medonre pursuant 10 Section 41 of the Planning Act, R.S.O. 1990 c.P 13 is required before a
building permit can be issuedfor the lot. "
14. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Township
Engineer, to ensure that all storm water management facilities and sediment and erosion control
measures will be in place prior to any site alteration.
15. That the Owner shall agree in the Subdivision Agreement to engage a qualified professional to
certify in writing that the works referred to in Item 14 were constructed in accordance with the
plans, reports and specifications, as approved by the Township Engineer.
16. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
Muskoka Catholic District School Board:
(P{2 - C;3
Date of Decision: June. 22,2005
Date of Notice: - --, 2005
Last Date of Appeal: --- --, 2005
A,pplicant: 1\1000 Poin. COl"porHtion
File No.: 2004-Sub-0]
l\1unicipality: Township of Oro-l\1edonte
Subject Lands: Concession 3, Part of Lots]5 & ]6 (Orillia)
"The owner sholl include in 01/ offers of purchose and sale a clause advising prospective
purchasers that pupils ji-om this development attending educational facilities operated
by the Simcoe Muskoka Catholic District School Board may. be transported
to/accommadated in temporary facilities out of the neighbourhood school's area. "
17. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
County District School Board:
"Purchasers. renters, lessees are warned that there are no schools planned within this
subdivision, or within walking distance of it and thot pupils may be accommodated in
temporaryfacilities and or be directed tofacilities outside of the area."
] 8. That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the
construction of a mail facility, if required, to the satisfaction of the Township of Oro-Medonte with
confirmation received from Canada Post.
19. That the Owner ensure in the final grading plan that a common drainage swale system is designed at
the lakeside of the septic systems and primarily along the 20 metre shoreline setback limit. To
minimize impacts on the moisture regime, pervious connections from the drainage swale along the
20 metre setback at the ponding area locations will be required to ensure some level of waterllow to
these areas.
20. That the Owner agree to include provisions within the Subdivision Agreement which states the
following:
"Purchasers are notified that there were no permissions at the time this subdivision plan was
registeredfor the construction of docks on the property. All works along the shoreline require the
opproval of the Lake Simcoe Region Conservation Authority and/or the Ministry of Notural
Resources and/or the Department of Fisheries and Oceans. ..
21. That the Owner secure appropriate authorization from the Lake Simcoe Region Conservation
Authority or other agency as appropriate pursuant to the Fisheries Act for the outfall design and
construction to eliminate or mitigate Hannful Alteration, Disruption or Destruction of fish habitat.
22. That the Owner agree in the Subdivision Agreement that construction activities on the site are to be
carried out in accordance with the Migratory Bird Convention Act.
23. That the Owner agree in the Subdivision Agreement to satisfy the Township ofOro-Medonte with
respect to lot numbering and to display the lot number and corresponding municipal address in a
prominent location on each lot.
24. That the Owner agree in the Subdivision Agreement to permanently stake the limits of the 20 metre
setback from Lake Simcoe to the satisfaction of the Township ofOro-Medonte.
&e~ c.j f
DUll' of Decision: June 22, 2005
I)ate of Notice: --- --, 2005
Last Date of Appeal: --- --, 2005
Applicant: MoolI Point Corporation
File No,: 2004-Sub-01
Municipality: Township of Oro-J\1edonte
Subject Lands: Concession 3, Part of Lots 15 & 16 (Orillia)
25. Prior to final approval and to any grading taking place on the site, a stonnwater management report
incotporating enhanced protection (MOE 2003) be prepared to the satisfaction of the Lake Simcoe
Region Conservation Authority. Provision must be made to locate detention facilities above the
elevation of the ]:100 year storm tloodline if applicable and if required.
26. That a report be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority
detailing the means whereby erosion and siltation will be minimized and contained on the site both
during and subsequent to the construction period.
27. That the Owner agree in the Subdivision Agreement to maintain all erosion and siltation control
devices in good repair in a manner satisfactory to the Lake Simcoe Region Conservation Authority.
28. That the Owner agree in the Subdivision Agreement to obtain all necessary Lake Simcoe Region
Conservation Authority permits.
29. That the Owner prepare a Tree Preservation and Shoreline Access Plan to the satisfaction of the
Lake Simcoe Region Conservation Authority and tbe Township of Oro-Medonte. The preparation
of these plans must include the expertise of a registered professional forester. Development
envelope limits, including, septic system, driveway access, shoreline access and outdoor living
space will be defined and assessed. Development envelopes will alter approximately 40% of each
lot, retaining approximately 60% in a non-manicured vegetated state. Vegetation removal within
the 20 metre setback area from the shoreline will be a maximum of 12 metres of shoreline width for
each lot.
30. That the Owner prepare a Natural Environment Stewardship Manual for prospective purchasers that
will educate the landowner on the value of the woodlands and ephemeral pools as part of the Lake
Simcoe watershed as well as suggestions to maintain the health of the eco-system. This would
cover such aspects, but not be limited to, the value of native vegetation, control of nuisance plant
and animal species, the identification of appropriate species for restoration or enhancement
plantings suitable to the area, and limiting pesticide, herbicide and fertilizer use. The manual will
be prepared to the satisfaction of both the Lake Simcoe Region Conservation Authority and the
Township ofOro-Medonte.
31. That the Owner agree in the Subdivision Agreement to include requirements in the Notice of Offers
of purchase and Sale for prospective purchasers to the satisfaction of the Lake Simcoe Region
Conservation Authority and the Township ofOro-Medonte that indicate that:
a. Water access and views of Lake Simcoe are restricted through the Zoning By-law, Tree
Preservation Plan and Shoreline Access Plan;
b. A Natural Heritage Stewardship Manual as prepared under Condltion 30 will be provided to the
perspective purchaser; and,
c. That permits will be required from the Lake Simcoe Region Conservation Authority, Ministry
of Natural Resources and/or Department of Fisheries and Oceans for shoreline works.
?>e-cj5
Applicant: .Moon Point Corpon)tion
File No.: 2004-Sub-O]
Municipality: Township of Oro-Medonle
Subject Lands: Concession 3, Part nfLots]5 & ]6 (Orillia)
Dale of Decision: June 22, 2005
Dale of Notice: -- --, 2005
Lasl Date of Appeal: --- --, 2005
32. That an appropriate number of test wells be drilled on the site to demonstrate the quality and
quantity of water available to the proposed lots.
33. That an evaluation of individual private sewage disposal options be carried out to the satisfaction of
the Township of Oro-Medonte. The intent of the review would be to identify which private sewage
disposal option is the most appropriate in tenns of:
.
Land area required;
Ability to treat nitrate; and
Ability to reduce the amount of phosphorous produced.
.
.
34. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the
Ministry of Citizenship, Culture and Recreation.
35. That the Owner prepare a sample site plan and agreement for each lot to the satisfaction of the
Township ofOro-Medonte.
36. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
Muskoka Catholic Separate School Board how Condition 16 has been satisfied.
37. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
County District School Board how Condition 17 has been satisfied.
38. That prior to the final approval of this plan, the Township is advised in writing by the Lake Simcoe
Region Conservation Authority how Conditions 6, 21, 25, 26, 27, 28, 29, 30 and 31 have been
satisfied.
39. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of
Citizenship, Culture and Recreation how Condition 34 has been satisfied.
NOTES TO DRAFT APPROVAL
1. It is the applicant's responsibility to fulfil the conditions of Council's approval and to ensure that the
required clearance letters are forwarded by the appropriate agencies to the Township of Oro-
Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL
2XO, quoting Township file number 2004-sub-Ol.
2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is
situated in a land titles division and there arc certain exceptions.
3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that access to the
Municipal highway will not be granted across the reserve. 11 should be shown as a block on the
final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation
of the Township of Oro-Medonte together with the proposed final plan should be sent to the
municipal Clerk.
he-~b
Applicant: Moon Point Corporation
File No.: 2004-Sub-01
Municipality: Township of Oro~J\'lt'dont('
Subject Lands: Concession 3. Part of Lots 15 & 16 (Odilia)
Date of Decision: ,June 22, 2005
Date of NoHce: --- --, 2005
Last Date of Appeal: --. --, 2005
4. Inauguration, or extension of a piped water supply, or a storm drainage system, is subject to the
approval of tbe Ministry of Environment under sections 23 and 24 of the Ontario Water Resources
Act, R.S.O. 1980.
5. Hydro One wisbes to advise tbe developer of the following:
(a) the costs of any relocations or revisions to Hydro One facilities wbich are necessary to
accommodate tbis subdivision will be borne by the developer
(b) any easement rigbts of Hydro One are to be respected
(c) the developer should contact the local Hydro One Area Office to verify if any low voltage
distribution lines may be affected by the proposal
6. The final plan approved by tbe Township must be registered witbin 30 days or the Township may
withdraw the approval under Section 51(59) of the Planning Act, R.S.O. 1990
7. All measurements in the subdivision final plan must be presented in metric units.
8. Clearances are required from the following agencies:
Corporation of the Township ofOro-Medonte
Box 100
Oro Station, Ontario
LOL2XO
Simcoe County District School Board
1170 Highway 26
Midhurst,ON
LOL lXO
Simcoe Muskoka Catholic District School Board
46 Alliance Blvd.
Barrie,ON
L4M 5K3
Lake Simcoe Region Conservation Authority
120 Bayview Parkway
Box 282
Newmarket, Ontario
L3Y 4XI
Ministry of Culture
400 University Ave. 4th Floor
Toronto, ON M7A 2R9
0(2 -11f:
Dote of Decision: June 22, 2005
Dale of Notice: --- --, 2005
Lasl Dote of Appeal: --- --,2005
Applicant: Moon Point Corporation
File No.: 2004-Sub-OJ
Municipality: Township of Oro-Medonle
Subject Lands: Cuncession 3, Part of Lots 15 & 16 (Orillia)
If the agency conditions concern condilions in the Subdivision Agreement, a copy of the relevant
section of the agreement should be sent to them, This will expedite clearance ofthe final plan,
9. If final approval is not given to this plan within three years of the draft approval date, and no
extensions have been granted, draft approval shall lapse under subsection 51(32) of the Planning
Act, R.S.O. 1990, as amended, If the Owner wishes to reguest and extension to draft approval. a
written explanation, must be received by the Township of Oro-Medonte Prior to the lapsing date.
Please note that an updated review of the plan, and revisions to the conditions of approval, may be
necessary if an extension is to be granted,
] 0, When the Zoning By-law is being prepared, reference to this subdivision application OM-file
number should be included in the explanatory note, This will expedite the Township's and other
agencies' consideration of the by-law,
bfJ
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-082
Being a By-law to Amend By-law 97-95 by changing the zoning on
lands within Concession 3 Part of Lots 15 and 16 (Orillia) now in the
Township of Oro-Medonte
(Moon Point Corporation, Roll # 43-46-030-012-42700-0000)
WHEREAS The Council oi the Corporaiion oi the Township of Oro-Medonte is
empowered to pass By-laws to regulate the use of lands pursuant to Section 34 of the
Planning ct, R.S.O 1990, C.P.13;
AND WHEREAS Council deems it appropriate to place the subject lands in a zone with
yard requirements that are better suited for the subject lots;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Schedule 'AS' to Zoning By-law No. 97-95 as amended, is hereby further
amended by changing the zone symbol applying to the lands located in
Concession 3, Lots 15 and 16, In the former geographic Township of Oriiiia, now
in the Township of Oro-Medonte, as shown on Schedule 'A-l' attached hereto
and forming part of this By-law.
2. Section 7.0 (Exceptions) is hereby amended by adding the following sub-
sections:
"7.162 Notwithstanding any other provision in this By-law, the following
provisions apply to the lands denoted by the symbol '162 on the schedules to
this By-law:
A) A maximum of 14 lots are permitted.
B) The maximum lot frontage is 21.S metres.
C) The maximum width of an access/view corridor extending from the
shoreline to the 20 metre setback line from the average high water
mark is 12 metres.
3. The Holding provision shall only be lifted once a Site Plan Agreement has been
entered into.
4. This By-law shall come into effect upon that date of passage hereof, subject to
provisions of the Planning Act, as amended.
BY-LAW READ A FtRST AND SECOND TIME THIS 13TH DAY OF JULY, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THfS
2005.
DAY OF
THE CORPORATtON OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J, Neil Craig
Clerk, Marityn pennycook
rot-e2
Schedule IA_11 to By-Law 2005 - 082
This is Schedule 'A-1' to By-Law 2005- 082
passed the day of [J
Mayor
J. Neil Craig
~
N
Clerk
Marilyn pennycook
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Township of Oro-Medonte
1
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-076
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL
COUNCIL MEETING HELD ON WEDNESDAY, JULY 13, 2005.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOllOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, July 13, 2005, 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. And,
the Clerk is hereby authorized and directed to affix the corporate seal to all said
documents.
BY-lAW READ A FIRST AND SECOND TIME THIS 13'h DAY OF JULY, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF JULY,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook