06 08 2011 Council AgendaTownship oc�
Proud Heritage, Exciting Future
THE TOWNSHIP OF ORO- MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Wednesday, June 8, 2011
6:00 p.m. - Closed Session
7:00 p.m. - Open Session
Page
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Andria Leigh, Director of Development Services, re: Acquisition /disposition of
land (Affordable Housing) [from June 1, 2011].
d) Robin Dunn, Chief Administrative Officer, re: Solicitor - client privilege (Legal
Opinion) [from June 1 meeting].
e) Robin Dunn, Chief Administrative Officer re: Personal matters about an
identifiable individual (Performance Management Update).
f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of
land (Ingram Road Lands).
g) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of
land (Foxmead Road Lands).
5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
6. MINUTES OF COUNCIL AND COMMITTEES:
5 -17 a) Minutes of Council meeting held on June 1, 2011.
18 -19 b) Minutes of Oro - Medonte History Association meeting held on April 13, 2011.
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
Page 1 of 190
Council Meeting Agenda - June 8, 2011.
Page
9. DEPUTATIONS:
20 -27 a) 7:00 p.m. Robert Venton, re: Jazz in the Park Events at Bayview Memorial
Park, Summer 2011 [subject to Council's approval].
[Addenda]
10. REPORTS OF MUNICIPAL OFFICERS:
28 a) Hugh Murray, Deputy Fire Chief, memorandum correspondence dated June 1,
2011 re: CMT Music Festival, Burl's Creek Family Event Park, August 26 -28,
2011.
29 -32 b) Report No. RC 2011 -11, Shawn Binns, Director of Recreation and Community
Services re: Administration Centre Walkways [to be distributed at meeting].
33 c) Robin Dunn, Chief Administrative Officer, correspondence from Ministry of
Municipal Affairs and Housing re: Notice to AMO 2011 Conference
Delegates.
34 -39 d) Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk,
re: Common Interest Committee — Terms of Reference [deferred from May 18,
2011 meeting].
e) Doug Irwin, Director of Corporate Services /Clerk re: Council
Representation for:
• Recreation Technical Support Group,
• Accessibility Advisory Committee,
• Environmental Roundtable.
11. REPORTS OF MEMBERS OF COUNCIL:
None.
12. CONSENT AGENDA:
40 a) Announcements of Interest to the Public.
1. Correspondence from The Ontario Family Fishing Weekend Steering
Committee, re: Ontario Family Fishing Week, July 2 -10, 2011.
41 -47 b) Minutes of Nottawasaga Valley Conservation Authority meeting held on April
29, 2011.
Staff Recommendation: Receive.
48 -68 c) Nottawasaga Valley Conservation Authority, re: Financial Statements for the
Year ended December 31, 2010.
Staff Recommendation: Receive.
69 -78 d) Lake Simcoe Region Conservation Authority, minutes of meeting held on April
29, 2011 and highlights of meeting held on May 27, 2011.
Staff Recommendation: Receive.
79 -127 e) Correspondence dated May 26, 2011 from Gayle Wood, CAO, Lake Simcoe
Region Conservation Authority re: LSRCA's Natural Heritage System Land
Securement Project 2011 -2015.
Page 2 of 190
Page
Council Meeting Agenda - June 8, 2011.
12. CONSENT AGENDA:
Staff Recommendation: Receive.
128 -130 f) Correspondence dated May 24, 2011 from Dalton McGuinty, Premier, re: City
of Oshawa Resolution, School Board's Declaration of Voting Day as a
Professional Activity Day.
Staff Recommendation: Receive.
131 -133 g) Correspondence dated May 27, 2011 from Andrea Samad, Technical
Standards & Safety Authority (TSSA) re: Hazard Distance Information for
Filling /Plan /Container Refill Centre at 1490 Hwy 11, Shanty Bay, The Hitch
House Inc.
Staff Recommendation: Receive.
13. COMMUNICATIONS:
134 -143 a) Correspondence dated May 18, 2011 from Information and Privacy
Commissioner of Ontario re: Notice of Order MO -2624.
144 b) Correspondence dated May 16, 2011 from Kevin Toth, President & Chief
Operating Officer, Skyline Hotels & Resorts, Horseshoe Resort, re: Canada
Day Weekend Celebrations, 2011.
145 c) Correspondence dated April 27, 2011 from Slawko Borys, President,
Ukrainian National Federation of Canada, Toronto Branch, re: Request for
Noise By -Law Exemption - Summer 2011.
146 d) Correspondence dated April 27, 2011 from Slawko Borys, President,
Ukrainian National Federation of Canada re: Sokil Subdivision - Hawkestone.
147 -157 e) Correspondence dated May 13 and 31, 2011 from Bratty and Partners LLP re:
Modco Investments Ltd., Part of Block D, Plan M -8, designated as Part 1 on
Plan 51 R -37175 and Part of Block A, Plan M -9, designated as Part 1 on Plan
51 R- 37479, Township of Oro - Medonte.
158 -163 f) Correspondence dated June 2, 2011 from Michelle MacFarlane, on behalf of
the West Oro Baptist Church Cemetery Board re: Request for Resolution
for Cemeteries Regulation Unit of the Ministry of Consumer Services, By -Law
No. 2008 -018, Concession 5, West Part of Lot 5 (Oro), 2815 Line 4 North.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS:
164 a) By -Law No. 2011 -089 A By -law to Appoint Representatives to the Oro -
Medonte Accessibility Advisory Committee (AAC).
165 b) By -Law No. 2011 -090 A By -law to Appoint Representatives to the Oro -
Medonte Recreation Technical Support Group
(RTSG).
Page 3 of 190
Council Meeting Agenda - June 8, 2011.
Page
15. BY -LAWS:
166 -189 c) By -Law No. 2011 -091 A By -law to Authorize the Execution of an
Agreement 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 (Agreement #11459).
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
190 a) By -Law No. 2011 -088 Being a By -Law to Confirm the Proceedings of the
Council Meeting Held on Wednesday, June 8,
2011.
19. ADJOURNMENT:
a) Motion to Adjourn.
Page 4 of 190
6a) - Minutes of Council meeting held on J...
THE TOWNSHIP OF ORO- MEDONTE
0 Tvtrmslripof REGULAR COUNCIL MEETING MINUTES
4;�
Council Chambers
Proud Heritage, Exririirg Furrre
Wednesday, June 1, 2011
2010 - 2014 COUNCI',
Present: Mayor H.S. Hughes
Deputy Mayor Ralph Hough
Councillor Kelly Meyer
Councillor Marty Lancastf
Councillor John Crawford
Councillor Dwight Evans
Regrets: Councillor Mel l . __. =ache
TIME: 9:05 a.m.
Staff Present: Robin Dunn, Chief, 1ministretive Officer; Paul Gravelle, Director of
1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION:
Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a
private prayer /moment of reflection.
Page 1 of 13
Page 5 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. C110601 -1
Moved by Crawford, Seconded by Evans
None declared.
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
Motion No. C110601 -2
Moved by Meyer, Seconded by
Page 2 of 13
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6a) - Minutes of Council meeting held on J...
Page 3of13
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6a) - Minutes of Council meeting held on J...
The following staff were present: Robin Dunn, CAO; Doug Irwin, Director of Corporate
Services /Clerk; Tamara Obee, Manager of Health and Safety, Human Resources.
Motion No. C11060VO ,
Moved by Crawford, Seconded by Meyer
Be it resolved
1. That the confidential verbal information presented by Robin Dunn, CAO, and
Tamara Obee, Manager of Health & Safety, Human Resources, re: Personal matters
about an identifiable individual (Staffing Update) be received.
2. And That the CAO be authorized to exceed the 2011 Human Resources Legal
budget allocation.
Carried.
Page 4 of 13
Page 8 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST:
6. MINUTES OF COUNCIL AND COMMITTEES:
a) Minutes of Council meeting held on May 25, 2011.
Motion No. C110601 -7
Moved by Crawford, Seconded by Meyer
Be it resolved that the draft minutes of Common Interest Committee meeting held on
April 15, 2011 be received.
Carried.
Page 5 of 13
Page 9 of 190
6a) - Minutes of Council meeting held on J...
Moved by Crawford, Seconded by Evans
Be it resolved that the Certificate of Appreciation to the Township of Oro - Medonte from
the Simcoe County District School Board be received.
Carried.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
Page 6of13
Page 10 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
10. REPORTS OF MUNICIPAL OFFICERS:
a) 10:00 a.m. Gail O'Brien, Accommodation Review Committee (ARC) Member re: Simcoe
County District School Board, ARC, Final Report, Review Area: Barrie Central Collegiate
Institute, Barrie North Collegiate Institute, Bear Creek Secondary School, Eastview
Secondary School, Innisdale Secondary School [binder available in Clerk's office].
Motion No. C110601 -13
Moved by Evans, Seconded by Meyer
Page 7of13
Page 11 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
c) Memorandum dated June 1, 2011 from Andria Leigh, Director of Development Services,
re: On -Site Sewage System Maintenance Inspection Program and Report DS2011 -019
Mandatory Septic Maintenance Inspection Program [deferred from May 25, 2011
meeting].
Motion No. C110601 -16
Moved by Meyer, Seconded by Crawford
Be it resolved
1. That Report No. DS 2011 -019, Andria Leigh, Director of Development Services, re:
Mandatory Septic Maintenance Inspection Program be received and adopted.
2. That staff be authorized to proceed as outlined in Report No. DS2011 -019.
3. That staff liaise with local sewage haulage companies with respect to the
implementation of the program.
4. And That the Clerk bring forward the appropriate By -law for Council's consideration
with respect to Township wide septic maintenance re- inspection program.
Defeated.
Motion No. C110601 -17
Motion No. C110601 -18
1W Al
Moved by Crawford, Seconded by Meyer
Be it resolved
1. That Memorandum dated June 1, 2011, Andria Leigh, Director of Development
Services, re: On -Site Sewage System Maintenance Inspection Program be received
and adopted.
2. And That Council endorses the recommendations contained in Report DS 2011 -019,
Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance
Inspection Program to proceed with Option 1 and the utilization of the existing staff
complement to perform the inspections and administer the program for 2011.
Deferred.
Page 8of13
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6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
11. REPORTS OF MEMBERS OF COUNCIL:
Be it resolved
1. That the information presented by Mayor H.S. Hughes and correspondence dated
April 27, 2011 from Janis Medysky, Associate Director, Simcoe County District
School Board, re: Invitation for Accommodation Review Committee (ARC) -
Community Representation for:
• Coldwater Public School, Moonstone Elementary School and Warminster Public
School; and
• Port McNicoll Public School, Victoria Harbour Elementary School and Waubaushene
Elementary School
be received.
2. That Lila Osborne be appointed as the Oro - Medonte Community Representative on
the ARC for the Coldwater Public School, Moonstone Elementary School and
Warminster Public School accommodation review.
3. And That the Simcoe County District School Board be advised of Council's decision
under the Mayor's signature.
Carried.
Page 9 of 13
Page 13 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
b) Mayor H.S. Hughes, correspondence dated May 26, 2011 from Doug Reycraft, Chair,
Community Schools Alliance, re: Request for Participation on Community Schools
Alliance Committee.
Motion No. C110601 -21
Moved by Evans, Seconded by Crawford
Be it resolved that the verbal information presented by Mayor H.S. Hughes, re:
Community Feedback be received.
Carried.
Page 10 of 13
Page 14 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes —June 1, 2011
12. CONSENT AGENDA:
a) Announcements of Interest to the Public -
1) Eady Yard Sale, Eady Hall, 73 Eady Station Road, June 11, 2011 8:00 a.m. — 12:00
p.m.
b) Minutes of Midland Public Library Board meeting held on April 7, 2011.
Staff Recommendation: Receive.
C)
d)
e)
Motion No. C110601 -24
Moved by Crawford, Seconded P b . Meyer
Be it resolved that the staff recommendations with respect to the items listed under
"Consent Agenda Correspondence" be adopted as printed:
a) Announcements of Interest to the Public -
Eady Yard Sale, Eady Hall, 73 Eady Station Road, June 11, 2011 8:00 a.m. — 12:00
p.m.
b) Minutes of Midland Public Library Board meeting held on April 7, 2011. Received.
c) Correspondence dated May 19, 2011 from Dalton McGuinty, Premier, re: Green
Energy Act. Received.
d) Correspondence dated May 20, 2011 from Michelle Hudolin, Severn Sound
Environmental Association, re: Letter of Appreciation for Tree Seeding Distribution
Program. Received.
e) Correspondence dated May 26, 2011 from J. W. Tiernay, Executive Director, Ontario
Good Roads Association, re: Minimum Maintenance Standards Litigation — Status
Report. Received.
Carried.
Page 11 of 13
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6a) - Minutes of Council meeting held on J...
Council Meeting Minutes — June 1, 2011
13. COMMUNICATIONS:
None.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS:
a) By -Law No. 2011 -086 A By -Law to Amend By -Law Number 2009 -105, "A by -law for
the imposition of development charges ".
b) By -Law No. 2011 -087 A By -Law to Repeal By -Law No. 2007 -100, as amended, "A
By -law to Establish a Technical Support Group entitled Oro -
Medonte Environmental Group Advisors (OMEGA)"
Motion No. C110601 -25
Moved by Evans, Seconded by Crawford
Be it resolved that the following by -laws: Mh. -
By -Law No. 2011 -086: A By -Law to Amend By -Law Number 2009 -105, "A by -law for
the imposition of development charges ".
By -Law No. 2011 -087: A By -Law to Repeal By -Law No. 2007 -100, as amended, "A By-
law to Establish a Technical Support Group entitled Oro - Medonte Environmental Group
Advisors (OMEGA) ".
be read a first, second and third time, passed, be engrossed by the Clerk, signed and
sealed by the Mayor.
446. x Carried.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
INf
Page 12 of 13
Page 16 of 190
6a) - Minutes of Council meeting held on J...
Council Meeting Minutes — June 1, 2011
%CONFIRMATION BY -LAW:
a) By -Law No. 2011 -085 By -Law No. 2011 -085, Being a By -Law to Confirm the
Proceedings of the Council Meeting Held on Wednesday, June
1, 2011.
Motion No. C110601 -26
Moved by Meyer, Seconded by Crawford
Be it resolved that By -Law No. 2011 -085, being a by -law to confirm the proceedings of
the Council meeting held on Wednesday, June 1, 2011 be read a first, second and third
time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
Moved by Crawford, Seconded by Evans:
Be it resolved that we do now adjourn at 12:30 p.m'
4%;
Mayor, H.S. Hughes
Douglas Irwin
Carried.
Page 13 of 13
Page 17 of 190
6b) - Minutes of Oro - Medonte History Assoc...
April 13, 2011 Minutes
Oro - Medonte History Association
Attendance: Geoffrey Booth, Chair; Bruce Wiggins, Vice - chair;
Sheila Kirkland, secretary
Absent: Jadeen Henderson, Allan Howard
Invited: Dave Kirkland
Minutes of March 16, 2011 were moved by Bruce and seconded by
Geoff to be approved as circulated. PASSED
Old Business
1. Moved by Bruce and seconded by Sheila that the Provincial
sign be retuned to it's original position and that a small
supplementaa sign directing to the location be placed at
Thunder Bridge on the rail trail. PASSED
2. Rail Trail signage was pre- viewed by the History Association
and it is done well and good to go.
3. Calvary Church —defer until Jadeen here to report.
New Business
1. Tractor Rally /Heritage Day is August 6, 2011. The tractor
pull starts at 5pm, the rally both tractor and car starts at noon
and the banquet follows at 4pm. See Bruce to register your
tractor or car.
2. Geoff who represented the History Association attended the
dedication of a Provincial plaque at the gravesite of E.C.
Drury.
3. The S.W.O.T. analysis meeting is now scheduled for May 4,
2011 at 6:30 p.m. at the Northway Restaurant.
4. Bruce asked Geoff to contact Laura Maguire for her
volunteer assistance for Heritage Days. Geoff will give
Bruce's contact information and forward the original email to
Bruce.
Page 18 of 190
6b) - Minutes of Oro - Medonte History Assoc...
Correspondence
1. Book launch for Jane Cooper - Wilson circulated.
2. African church booking request for August 13/11 is during
our normal open time at the church. Geoff will tell them that
Bruce will be at the church that day. Also a reminder that the
African church site will be closed August 6 for Heritage Day.
3. Next meeting we will book the African church open dates.
4. Letter from OMHA to County of Simcoe re: Rail Trail
cheque. Geoff and Paul Marshall settled this issue.
Next meeting is May 16, 2011 at 6:30 p.m. at the Northway
Restaurant.
Adjourned at 7:15 p.m.
Respectfully submitted,
Sheila Kirkland, secretary
Page 19 of 190
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
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Page 20 of 190
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
artspace
l' Dunlop Street East.
Barrie Ontario L4M IA')
Undertakinla
for proposed
Jazz in Memorial Park
Oro/Medonte
by
1719468 Ontario Inc. Operating as artspace
hereafter called artspace
GOAL: to increase mid week nsage and awareness .for residents and tourist alike to come to
�!9
Memorial Park in Oro/Medonte by producing a Jazz at Memorial Park concert series with an
overall projected attendance of 4,000 phis.
Obligations of artspice
- to produce 8 weekly.jazz shows - Thursdays '7 to ()p.ni to be held throughout July and August conninencing July 7".
- Fo raise 100 percent of production funds in order to produce the concert series through sales of the cornpany's
uniquely designed ad-pack prograrn.
- to give the Company's advertising sponsors lor Jazz at Memorial Park signage and booth space at the concerts events
- to allow local artists to show their paintings during the concert series at no rental cost.
Obligations of Oro/Medonte
-to give artspace until Jame 225".
2011, to rneet budget reouirements ror the e,,,,ent
-to provide usage of Memorial Park, for all 8 shows front 6 to 930pill.
-To consider purchasing an ad pack proorarn frorn artspace (optiortal) in order to "kickstaxt" the campaign
- details of
ad pack have already been submitted to the Oro/Medonte Parks and Recreation department,
[Jability Insurance
artspace is not sure how this end works and which party is responsible
Thank you for your consideration
at i . Si n arit g the Vision
s
Robefr-Y�—nwn—�>
President
artspace
Page 21 of 190
.. The Daiinnerlazz Experience
As an MC and Jazz vocalist for Indigo
Dinner& jazz, I would like to Invite you
to a swingin' night of fun every
Tuesday of the month commencing in
June.
For those of you who love the styles of
Frank Sinatra, Tony Bennett and
Michael Buble (carrying on the
tradition) or would like to experience
the romance of it all for the first time,
Dinner& Jazz is sure to be your" Ticket
to Fun"!
Set in our very elegant 80 seat club,
you can join Us for a full course
the very hip sounding findigo house
band,
Tickets are available at the local
businesses listed below and are
reasonably priced at only $25 for
dinner AND show and when
purchased, you will receive a FREE
$10 Gift Certificate from that business.
What a great wayto do some shopping
and get a great deal all at the same
time!
See you atthe Club, and remember....
"It don't mean a thing if it ain't got that
swing"
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
$25
per
pai
DINNER &
SHOW
sm
------
i.r a
d ori
ante -Ve
1 M-
D r
A weekly series of Dinner and Jazz featuring
the smooth sounds of the Indigo Jazz House band
with a VarlotY Of guest artist appearances
playing all of your favorite swing standards.
Join us EVERY TUESDAY for Indigo Dinner & jazz
Starting in June, 2011
6PM - 9:30 PM
Dinner Buffet
oy Delicious 3 Course Cuisine
prepared fresh for your di ning pleasure
A Perfect Way to Spend an Evenin;g?
Purchase two $25 indigo Dinner Jazz tickets
from any of these participating advertisers
and receive... A
3 A
I FREE $10 G;FT CERTIFICN-1E FROM THEIR TO 2 I
, r
��-i I FREE ICKET TO FUN" JAZZ CD
The Italian Bakery C --
andyi1and F-Npress
200 NelhnWton owe. A� Cafe
Barrie, One 40 Bai 51 Barre,Ont.
705 737'1;3 705-812-1799 or Be sure to drop into our gallery
waw-fludaitallai I bikei 705-796-7193
Arvm,cand1landexpfGss.ca Monday through Saturday 1D - 5PM
Andy's Plare to enjoy an eclectic atmosphere of art and jazz in an elegantly
1U HErt Drive second Cup rest Brad historical building y conven!i entl located in the heart of
Barrie . Cint Georgian Wall
Barrie's Arts & Entertainment district.
705-721-9537 509 5avniiii1d Street, Barrili Orn,
Le Petit Chapeau 705-7A-7783
Lakeshore Mei Si Sinor
Bame, Ont, 2 A'Uunlop St West, Barrie, On'.
(705)111 P
all M- — G
14111111110—
On My Gourd
Catering by Rose liandde—miliud gourds
(705) 722-7753 Linda Mhvr5poun
Barrie, ont (7G5) 720-257-4 ninn Qt ==i;m+ hnrrla
Page 22 of 190
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
Page 23 of 190
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
Attention Artists
How would you like to have
a retail presence in a prestigious
location in downtown Barrie?
Introducing
an exciting new concept art gallery
in the heart of Barrie's art's $ entertainment district
Find out how you can enjoy a comprehensive
marketing package that includes a FREE mini store
its P12 unlop st. ce
barrie ontario
Contact us at (705)792 -4807 for details
Page 24 of 190
9a) - 7:00 p.m. Robert Venton, re: Jazz i...
rts P ce
art gallery gift boutique
meeting rooms
seminar and sales presentation centre
80 seat dinner jazz & cabaret
housed in a 6,200 square foot elegantly restored historical building at 12
Dunlop Street East, in the heart of Barrie's Downtown Cultural and
Entertainment District, artspace is located at the historic "five points", one
of Barrie's busiest intersections and one block away from the City's
picturesque Kempenfelt Bay - the home of Kempenfest, Barrie Jazz &
Blues Festival and Promenade Days.
12 dunlop st. east barrie on L4M 1A3
(705)792 -4807 (705)792 ®4489 (fax)
Page 25 of 190
n
$25
per
person
DINNER &
SHOW
INDIGO
DINNER AND JAZZ
-mw artspace
9a) - 7:00 p.m. Robert Venton, re: Jazz i
enjoy
the smooth sounds
of the
Indigo Jazz House Band
featuring
guest artist appearances
playing all of your
favorite swing standards
and
a delicious
3 course Dinner Buffet
prepared fresh
for your dining pleasure!
park otthe ...
guaQuOtA�kNVY - "I
e
a�ln um
enterk -A
Be sure to drop into our gallery
Monday through Saturday I OAM - 5PM
to enjoy an eclectic atmosphere of art and jazz in an elegantly
restored historical building conveniently located in the heart of
Barrie's Arts & Entertainment district.
fts p2d u ace
nlop st. east Barrie on
Page 26 of 190
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call 705 792=4807 �
MEMORANDUM
10a) - Hugh Murray, Deputy Fire Chief, mem...
� TC wn�a, f
Proud Heritage, Exciting Future
To: Council
cc: Robin Dunn, CAO; SMT
From: Hugh Murray, Deputy Fire Chief R.M. File #:
Date: June 1, 2011 Roll #:
Subject: CMT Music Festival
A meeting was held on May 10, 2011 at the Barrie OPP detachment to discuss the upcoming Music
festival planned to be held at Burls Creek on August 26, 27& 28. In attendance were members from
Barrie OPP, Burls Creek, AGCO, Simcoe County Paramedics, Oro - Medonte Fire and the promoter of
the event.
The promoter discussed what their plans were around the event with a projected attendance of
around 12,000 to 15,000 per day. The promoter is currently working on their operational plans which
will be provided to all involved parties. Discussion took place around each of the agencies concerns
and requirements. A number of items were discussed including parking and traffic which will be
addressed. A planned town hall meeting with the local residents was also discussed.
More details will be provided to council and staff as we move forward working with the promoters of
the event.
Hugh Murray
Deputy Fire Chief
Page 28 of 190
10b) - Report No. RC 2011 -11, Shawn Binns,...
T6 hip of
REPORT
Proud Heritage, Exciting Future
Report No.
RC2011 -12
To:
Council
Prepared By:
Shawn Binns
Meeting Date:
Subject:
Tender RC2011 -01
Administration Centre
Walkway
Motion #
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. Report No. RC2011 -12 be received and adopted.
2. That tender contract RC2011 -01 be awarded to Morris Shelswell and Sons in the
amount of $32,555.30.
3. That the additional funding requirement of $41,455 to complete the walkways and
landscaping be approved and financed through the accessibility reserve fund
($8,250) and $33,205 through budget stabilization.
4. That the clerk bring forward the agreement for Council's ratification.
BACKGROUND:
Funding in the amount of $18,000 has been approved in the 2011 budget to redevelop
the front entrance to the Township Administration Office to address accessibility and
safety. Upon the completion of the concept plans, an update was presented to Council
and the scope expanded to include the walkway to staff entrances (side and rear of
building) to realize economy of scale discounts and to complete the required additional
accessibility upgrades. The landscape plan was also presented for Council's
consideration.
The concept plan also included renewal of the landscaping along the front (east side)
and southern portion of the Township office. The landscaping plan will greatly improve
the aesthetics of the building and grounds while reducing annual maintenance
requirements.
Recreation and Community Services
Report No. RC2011 -12
June 8, 2011
Page 1 of 3
Page 29 of 190
1Ob) - Report No. RC 2011 -11, Shawn Binns,...
ANALYSIS:
Record of Tenders Submitted for the Municipal Office Sidewalk /Curb Replacement
(Tender Bid Number RC2011- 01)
Date of Opening: June 6th, 2011
Number
Submitted By
Bid Amount (Including HST)
1
Morris Shelswell
32,555.30
2
Bennington Construction
39,121.73
3
Construction Techniques
55,878.50
4
Pencon Construction
57,519.26
5
Aloia Brothers
63,256.27
6
Con -Mar Group
72,924.55
The chart presented above are the tender submission results in order of lowest to
highest bids received and opened on June 6, 2011.
The estimated cost to complete the landscaping with internal sources is $23,000 ($5 ft2
@4600ft2 total).
FINANCIAL:
Entranceway and Curbs $32,555
Landscaping $23,000
Engineering and Inspection $ 3,900
Total $59,455
"Inclusive of HST
Recommended financing
2011 Budget Allocation (Accessibility Reserve) $18,000
Accessibility Reserve $ 8,250
Budget Stabilization $33,205
Total $59,455
Recreation and Community
Report No. RC2011 -12
June 8, 2011
Page 2 of 3
Page 30 of 190
10b) - Report No. RC 2011 -11, Shawn Binns,...
POLICIES /LEGISLATION:
• Procurement By -Law 2004 -112
ATTACHMENTS:
1. Tender RC2011 -01
2. Concept Plan
CONSULTATION:
• Director of Finance
• Steenhoff Engineering
CONCLUSION:
Based on the review of the feasibility of phasing the project and the pricing received in
Tender RC2011 -01 it is recommended that Council award the contract to Morris
Shelswell and Sons in the amount of $32,555.30 (inclusive of HST). It is also
recommended that the landscaping be completed simultaneously through internal
forces to complete the exterior renovation of the Township administration offices.
Respectfully Submitted:
Shawn Binns
Director, Recreation and Community Services
SMT Approval / Comments: I C.A.O. Approval / Comments:
`
r
Recreation and Community Services
Report No. RC2011 -12
une 8, 2011
Page 3 of 3
Page 31 of 190
10b) - Report No. RC 2011 -11, Shawn Binns,...
SJNI.3.NV"Id �I
IVfINNV 2IOd SVAIV
IV.LNHIVN2IO
Z[:)NV -i LNH NIV W
Page 32 of 190
10c) - Robin Dunn, Chief Administrative Of...
Ministry of Ministere des f
Municipal Affairs es municipales
et du m
�r• - Ontario
and Housing et du Logeent
NOTICE TO AMO 2011
CONFERENCE DELEGATES
THE DELEGATION REQUEST FORM HAS BEEN POSTED
ONLINE AT http: / /www.mah.gov.on.ca/ or www.amo.on.ca
The Ontario ministers' meetings with municipal delegates will be
held from Sunday, August 21 to Tuesday, August 23, 2010 at the
Hilton Hotel in London.
If your municipality wishes to meet with a minister or parliamentary
assistant, we ask that you submit your delegation request form as
soon as possible, due to summer vacation scheduling, statutory
holidays, etc., to avoid missing the July 18 submission
deadline.
Please complete an online request form or fax your request to the
contact below. To request a delegation meeting with a Minister,
please include all the issues that you wish to discuss with that
Minister on a single form. If you are requesting delegation meetings
with more than one Minister, each meeting request should be made
on a separate form.
Municipalities will be contacted by the respective ministries about
their requests and, if applicable, the meeting time and location,
approximately one week before the conference.
Thank you.
Contact:
Suzan Krepostman
Ministry of Municipal Affairs and Housing
Telephone: 416- 585 -6280
Suzan.krepostman @ontario.ca
Page 33 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
Township of �
REPORT U1`OL-
Proud Heritage, Exciting Future
Report No.
CS 2011 -011
To:
Council
Prepared By:
Doug Irwin
Meeting Date:
May 18, 2011
Subject:
Common Interest Committee —
Terms of Reference
Motion #
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. Report No. CS 2011 -011 be received and adopted.
2. That the Township of Oro - Medonte's representatives on the Common Interest
Committee convey Council's preferred option with respect to the operation of the
Committee.
BACKGROUND:
In 2000, the municipalities of Orillia, Oro - Medonte, Ramara and Severn, along with the
now Chippewas of Rama First Nation established a Common Interest Committee. All
parties agreed upon and established the Terms of Reference for the Committee. The
Terms of Reference outlined the purpose and the parameters that the Committee would
operate under.
ANALYSIS: 71
With the new term of Council, 2010 -2014, and the appointment of some new members
to the Common Interest Committee, the Clerks of the municipalities undertook a review
of the Terms of Reference to ensure that the Terms were still applicable and met with
any legislative changes which have occurred since the inception of the Common
Interest Committee.
Corporate Services May 18, 2011
Report No. CS2011 -11 Page 1 of 6
Page 34 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
An updated Terms of Reference was presented at the April 15, 2011, Common Interest
Committee. At this meeting, the Committee requested that the Clerks compose terms
that would reflect a "Discussion Group ".
Based on the Committee's request, the Clerks have prepared the attached report which
will be presented to the Common Interest Committee at its June meeting.
The Clerks have concurred that the attached report be presented to our respective
Councils to enable the representatives on the Common Interest Committee to have an
understanding of each Councils preferred option prior to the next Common Interest
Committee meeting.
FINANCIAL:
• Not applicable
POLICIES /LEGISLATION:
• Municipal Act, 2001, as amended
• Municipal Conflict of Interest Act
• Municipal Freedom of Information and Protection of Privacy Act
CONSULTATIONS:
• Clerks of the municipalities participating in the Common Interest Committee
• Ministry of Municipal Affairs & Housing
ATTACHMENTS:
• Draft Report dated May 9, 2011 re: Common Interest Committee — Terms of
Reference
Corporate Services May 18, 2011
Report No. CS2011 -11 Page 2 of 6
Page 35 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
CONCLUSION:
It is recommended that the Township of Oro - Medonte representatives on the Common
Interest Committee convey Council's preferred option with respect to the operation of
the Committee.
ARespectf itted:
iorporate Services /Clerk
C.A.O. Approval / Comments
Pvv�
Corporate Services
Report No. CS2011 -11
May 18, 2011
Page 3 of 6
Page 36 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
REPORT FROM OFFICIALS
TO: Chair & Members
Common Interest Committee
FROM: Gayle Jackson, Clerk — City of Orillia
Janice McKinnon, Clerk — Township of Ramara
Doug Irwin, Clerk — Township of Oro- Medonte
Sharon R. Goerke, Deputy Clerk — Township of Severn
DATE: May 9, 2011
SUBJECT: Common Interest Committee - Terms of Reference
Recommendation
That the Report from the Municipal Clerks, dated May 9, 2011, with respect to the
Terms of Reference for the Common Interest Committee be received;
And further that the members of the Common Interest Committee solicit the preference
of their respective Councils and report back accordingly.
Background
At a meeting of the Common Interest Committee held April 15, 2011, area Municipal
Clerks were in attendance to assist with amendments required to the Terms of
Reference for this Committee. At that meeting, a comprehensive review was undertaken
of the Terms of Reference resulting in the Committee requesting the Clerks to compose
terms that would reflect a "Common Interest Discussion Group" only to resolve the
issues of public meetings, notice and requirements under the Municipal Act. It is
important to note, that the Municipal Act has been amended since the original adoption
of the Terms of Reference in 2000 for increased accountability and transparency,
including the new definition of a "Committee ".
Staff was also requested to obtain an opinion on whether or not this Discussion Group
would still need to meet the requirements of the Municipal Act. The following opinion
has been received from the Ministry of Municipal Affairs on behalf of the Committee:
Corporate Services
Report No. CS2011 -11
May 18, 2011
Page 4 of 6
Page 37 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
Section 238 of the Municipal Act defines a Committee as:
Procedure By -law — Definitions
238.(1) In this section and in sections 239 to 239.2, "Committee" means
any advisory or other committee, subcommittee or similar entity of
which at least 50 per cent of the members are also members of
one or more Councils or Local Boards.
It would appear that if all Mayors of four elected Councils sit on this Committee
(as well as one of the Chippewas of Rama), it would meet the 50% rule and
therefore be subject to the provisions of the Act (eg. Procedure By -law, open
meetings, etc.) "
The Clerks have also reviewed Section 238 of the Municipal Act and agreed that any
Committee established and approved by Municipal Councils which have at least 50% of
the members from one or more Councils would be required to meet all provisions of the
Municipal Act. Therefore, the meetings would need to follow procedures for each
meeting including regular meeting dates, notice of the meetings (agendas), minutes
taken and forwarded to each Council for adoption and the public be allowed to attend if
interested in the subject matters to be discussed. It is also the opinion of the Clerks that
the establishment of a "Discussion Group" would not alter the need to follow proper
procedures and allow the public to attend.
In view of the requirements of the Municipal Act, the Common Interest Committee now
has two options to consider:
Continue with the present Committee, review and amend the Terms of Reference
to reflect the current Committee's mandate and relocate the meetings to a venue
which can accommodate public attendance. If the Terms of Reference are
amended, each participating municipality is required to adopt the new terms in
order to continue.
2. Recommend to the participating municipalities that the Common Interest
Committee be dissolved at this time.
2
Corporate Services
Report No. CS2011 -11
May 18, 2011
Page 5 of 6
Page 38 of 190
10d) - Report No. CS 2011 -011, Doug Irwin,...
Until the above -noted matters have been resolved, the Common Interest Committee is
still mandated by the participating municipalities to operate under the current Terms of
Reference, including:
✓ Conduct of the meetings are pursuant to the Municipal Act and governed by the
same legislation as Council (eg. Municipal Act Municipal Conflict of Interest Act
& Municipal Freedom of Information & Protection of Privacy Act)
✓ An agenda issued to all members of the Councils at least five (5) working days
prior to the date of the meeting
✓ Minutes forwarded to the Clerk of each municipality within ten (10) business days
✓ No action shall be taken until each municipality has adopted the
recommendations from the Committee
In lieu of the foregoing, it is recommended that until this matter is resolved, notice of the
meetings be given by each municipality under their notice provisions when the agenda
is circulated to the Clerks and the meetings be relocated to accommodate public
attendance.
Respectfully submitted,
Sharon R. Goerke, CMO
Deputy Clerk, Township of Severn
on behalf of Municipal Clerks from
City of Orillia, Township of Oro - Medonte
& Township of Ramara
3
Corporate Services May 16, 2011
Report No. CS2011 -11 Page 6 of 6
Page 39 of 190
12a) - Announcements of Interest to the Pu
1.
The Ontario Family Fishing Weekend
Steering Committee
G�dian Nation
ing Fouri�a�1oc
(C—SIA
canaeran 5poal;:hing rMuary AIIO[10,10n
�o rrui:
s
t- Ontario
Fisheries and Oceans Neches et Oceans
Canada Canada
OFAH FILE: 422FFW [1
May 17, 2011 MAY :i n 7011
ORO- iviErC)ONTE
TO: All Ontario Municipalities
XT�0�
SUBJECT: Ontario Family Fishing Week is back this summer for a full nine
days!
For years, the Ontario Family Fishing Weekend Committee has been asking the
Province of Ontario to increase this popular event to a full week to run in
conjunction with the National Fishing Week. Last year was the first year we
had nine days of licence -free fishing. Thanks to partnerships with many
nongovernment organizations, such as the Ontario Federation of Anglers and
Hunters, this is the second year that Canadian residents have the opportunity
to fish licence -free in Ontario for a full week.
This summer, Ontario Family Fishing Week is scheduled from Saturday, July 2
to Sunday, July 10, 2011. During this week many fish festivals, clinics, or
conservation and educational activities may be held in your area.
Would you please help us publicize the 2011 Ontario Family Fishing Week in
any calendar of summer events in which you may participate or publish
yourself? In addition, please consider "declaring" these dates as Ontario
Family Fishing Week.
As a reminder, there will again be an Ontario Family Fishing Winter Weekend
in February 2012. There will be more details available on this later in the year.
For further information, please contact the following during business hours:
Ontario Federation of Anglers and Hunters
Ontario Ministry of Natural Resources
Yours in Conservation,
Alesha Caldwell
Conservation Outreach Programs Coordinator
Ontario Federation of Anglers and Hunters
4601 Guthrie Drive
Peterborough, Ontario K9J 81_5
/ac
(705) 748 -6324 Ext 254
(705) 755 -1902
Page 40 of 190
12b) - Minutes of Nottawasaga Valley Conse...
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
z BOARD OF DIRECTORS 04/11
MINUTES
'ZING {�P Date: Friday April 29, 2011
�so-za
Location: John L. Jose Learning Centre, Tiffin Conservation Area, Utopia, On
PRESENT:
Chair: Walter Benotto
Town of Shelburne
Vice Chair: Joan Sutherland
Town of New Tecumseth
Past Chair: Fred Nix
Town of Mono
Members:
Gail Ardiel
Town of the Blue Mountains
Nina Bifolchi
Town of Wasaga Beach
Mary Brett
Township of Adjala - Tosorontio (left at 11:00 a.m.)
John Crawford
Township of Oro - Medonte
Daniel Davidson
Town of Innisfil
Mike Edwards
Town of Collingwood
Earl Hawkins
Township of Mulmur
Brian Jackson
City of Barrie
Rob Keffer
Township of Bradford West Gwillimbury
Kevin Lloyd
Town of Collingwood
Bob Marrs
Town of New Tecumseth
Brent Preston
Township of Clearview
Perry Ritchie
Township of Springwater
Michael Smith
Township of Essa
Percy Way
Township of Amaranth
Rick Webster
Township of Springwater
Darren White
Township of Melancthon
Keith White
Township of Essa
Regrets:
Ralph Hough
Township of Oro - Medonte (J.Crawford attended for R.Hough)
Paul McQueen
Municipality of Grey Highlands
Alicia Savage
Township of Clearview
STAFF PRESENT:
Wayne R. Wilson, CAO /Secretary Treasurer
Susan Richards, Manager of Administration and Human Resources
Caleigh Culbine, Communications /PR Coordinator
Glenn Switzer, Director, Engineering and Technical Services
Ryan Post, Hydrogeologist /Source Protection Coordinator
Tina DesRoches, Manager of IT
Dave Featherstone, Manager, Watershed Monitoring Program
Brian Smith, Water Resource Technologist
Chris Hibberd, Director of Planning
Barb Parreault, Senior Environmental Officer
Byron Wesson, Director of Land Operations and Stewardship Services
Fredd Dobbs, Manager of Stewardship Services
Recorder: Laurie Barron, Executive Assistant
Page 41 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 2 of 7
1. CALL TO ORDER
Chair Benotto called the meeting to order at 10:00 a.m.
2. MOTION TO ADOPT AGENDA
Additional item added on table:
Item #14(u) NVCA letter to the Ministry of Natural Resources dated Apr 21/11 re:
Aggregate Resources Act Application, Township of Melancthon, (Highland
Companies)
RES. #1 MOVED BY: Percy Way SECONDED BY: Mary Brett
RESOLVED THAT: the agenda for the Board of Directors Meeting No. 04/11 dated 29,
April, 2011 be adopted.
Carried;
3. PECUNIARY INTEREST DECLARATION
Nina Bifolchi, member representing the Town of Wasaga Beach declared a pecuniary
interest with respect to Item 7.1 Permits for Ratification.
4. MINUTES
4.1 Minutes of the Board of Directors Meeting 03/11 dated 25 March, 2011.
RES. #2 MOVED BY: Mary Brett SECONDED BY: Percy Way
RESOLVED THAT: The Minutes of the Board of Directors Meeting 03/11 dated 25
March, 2011 be approved.
Carried;
5. BUSINESS ARISING FROM MINUTES
John Crawford, member representing Oro - Medonte questioned Resolution #7 of the
03/11 BOD Minutes with respect to the members on the newly formed Audit Committee.
Staff were requested to bring back a terms of reference for this committee to the Board
of Directors.
STAFF REPORTS
6. REPORT OF THE DIRECTOR OF LAND OPERATION AND STEWARDSHIP
SERVICES
6.1 Provincial Enforcement Officer Designation
RES. #3 MOVED BY: Rob Keffer SECONDED BY: Percy Way
RESOLVED THAT: Mike McQuade, NVCA staff member, be appointed as a
Provincial Offences Officer for the NVCA as per R.R.O. 1990 Regulation 127; Section 29
of the Conservation Authorities Act.
Carried;
Page 42 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 3 of 7
REPORT OF THE DIRECTOR OF PLANNING
Nina Bifolchi, member representing the Town of Wasaga Beach declared a pecuniary
interest with respect to Item 7.1 Permits for Ratification. Ms. Bifolchi did not vote or
participate in the discussion on this agenda item.
7.1 Permits for Ratification for the period March 5, 2011 to April 19, 2011.
RES. #4 MOVED BY: Percy Way SECONDED BY: Rob Keffer
RESOLVED THAT: The Permits /Approvals issued by staff for the period March 5, 2011
to April 19, 2011 be approved.
Carried;
REPORT OF THE DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES AND
THE HYDROGEOLOGIST /SOURCE WATER PROTECTION COORDINATOR.
8.1 Ontario Ministry of Agriculture, Food, and Rural Affairs project entitled
"Multi- Functional Shelterbelts and Windbreaks Project, South Simcoe
County"
Staff will ensure that board members are notified as soon as possible when, due to time
constraints, the Chair, Vice Chair and Past Chair authorize staff to proceed with a project
agreement outside of the normal monthly board meeting schedule. It was noted that
only projects consistent with the approved budget will be approved in this manner.
RES. #5 MOVED BY: Darren White SECONDED BY: Brent Preston
WHEREAS: staff have entered into agreement with Ontario Ministry of Agriculture,
Food, and Rural Affairs to deliver the project entitled Multi- Functional Shelterbelts and
Windbreaks Project, South Simcoe County; therefore
BE IT RESOLVED: that the Board of Directors receive for information the report of the
Hyrdorogelogist /Source Water Protection Coordinator.
Carried;
8.2 NVCA Groundwater Management Plan
Staff were directed to bring back the proposed Groundwater Management Plan to a
future board meeting, providing the members additional time to review the draft plan.
RES. #6 MOVED BY: Gail Ardiel SECONDED BY: Darren White
RESOLVED THAT: the Board receives the information on the Groundwater
Management Plan and the presentation of the Hydrogeologist /Source Water Protection
Coordinator presented at the April 29/11 NVCA Board meeting.
Carried;
Mary Brett, member representing Adjala - Tosorontio left the meeting at 11:00 a.m.
Page 43 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 4 of 7
8.3 Project Outline and Update on the Ontario Geological Survey:
3- Dimensional Mapping of Surficial Deposits in South Simcoe County
RES. #7 MOVED BY: Darren White SECONDED BY: Perry Ritchie
RESOLVED THAT: the Ontario Geological Survey program update report be received
for information.
Carried;
REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES
AND THE COMMUNICATION /PR COORDINATOR
9.1 Communications Report — Jan -Mar 2010
RES. #8 MOVED BY: Bob Marrs SECONDED BY: Nina Bifolchi
RESOLVED THAT: The Communications report Jan -Mar 2011, be received.
Carried;
Rick Webster, member representing the Township of Springwater noted his objection to having
the communications report included on the Board of Directors Agenda.
10. REPORT OF THE CAO /SECRETARY- TREASURER AND FINANCE
ADMINISTRATIVE COORDINATOR
10.1 Financial Activity Report Summary:
a) Accounts Receivable Summary - Jan to March 31, 2011
RES. #9 MOVED BY: Bob Marrs SECONDED BY: Nina Bifolchi
RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at
March 31, 2011 in the amount of $2,393,582.60 including Planning items of
$324,721.07.
Carried;
b) Summary of Disbursements - January to March, 2011
RES. #10 MOVED BY: Bob Marrs SECONDED BY: Daniel Davidson
RESOLVED THAT: The Chair be authorized to approve disbursements — January to
March 31, 2011 in the sum of $907,978.42, including wages of $300,331.72.
Carried;
c) Statement of Operations for Period Ending 31 March, 2011
RES. #11 MOVED BY: Daniel Davidson SECONDED BY: Bob Marrs
RESOLVED THAT: The Combined Statement of Operations Program Summary as at 31
March, 2011 be received.
Carried;
i1 :1:11i]:4 Ire] ad:I:K9F T67&1x@10:11If 1:rd10*11,3110:1V
11.1 2011 First Quarter Budget Report
RES. #12 MOVED BY: Daniel Davidson SECONDED BY: Bob Marrs
RESOLVED THAT: the Board of Directors receive the 2011 First Quarter Budget
Report; and,
THAT: staff continue to monitor budget activities, including the preparation of a 6 month
budget status report.
Carried;
Page 44 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 5 of 7
11.2 NVCA Weighted Votes
RES. #13 MOVED BY: Gail Ardiel SECONDED BY: Bob Marrs
RESOLVED THAT: the staff report including the NVCA solicitor direction
regarding NVCA weighted votes be received; and,
THAT: the NVCA continue to encourage its larger municipalities to send one board
member on a voluntary basis; and
THAT: this matter be reviewed in one year for further action /consideration.
Carried;
11.3 Board Member Orientation /Business Plan Update
RES. #14 MOVED BY: Nina Bifolchi SECONDED BY: Gail Ardiel
RESOLVED THAT: the Board members receive for information the CAO /Secretary-
Treasurers report dated April 291h regarding Board Member Orientation and Business
Plan update.
Carried;
12. NEW OR UNFINISHED BUSINESS
None Noted
13. NOTICE OF MOTION
None presented
14. CORRESPONDENCE
(a) Conservation Ontario dated Feb 15/11 re: letter in response to the Director of
Toronto Wind Action.
Conservation Ontario (CO) Council reports /correspondence
(b) Feb 16/11 re: Natural Heritage Assessment Guide.
(c) Feb 16/11 re: CO representation on the Norfolk Alternative Land Use
Services Public Advisory Committee.
(d) Feb 21/11 re: Draft MOU — Conservation and Hydro One.
(e) Feb 23/11 re: Proposed WECI program guidelines and proposed WECI
Terms of Reference.
(f) Feb 24/11 re: 2009 Statistical Survey Results — Summary
(g) Feb 24/11 re: Environmental Commissioner Annual Report 2009 -2010
Highlights.
(h) Feb 24/11 re: Second extension of the 2007 Canada - Ontario agreement
respecting the Great Lakes Basin Ecosystem (EBR #011 -1929)
Page 45 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 6 of 7
(i) Feb 24/11 re: Consideration and next steps for conducting wetland
environmental impact studies.
Q) The Township of Springwater dated Mar 14/11 re: donation to the Friends of
Fort Willow.
(k) Ministry of Natural Resources dated Mar 28/11 re: Compliance Reporting
2011 - Public Sector Compensation Restraint.
(1) Ministry of Infrastructure dated Mar 30/11 re: comments on the proposed
amendment to the Growth Plan for the Greater Golden Horseshoe, 2006.
(m) Email from Conservation Ontario dated Apr 4/11 re: amendments to the
Building Code respecting on -site sewage maintenance inspection programs.
(n) Township of Amaranth dated Apr 8/11 re: 2011 municipal levy.
(o) Ministry of the Environment dated March 11/11 re: letter sent to the Director
of Public works, Township of Springwater regarding provincial groundwater
monitoring.
(p) Township of Melancthon dated Mar 7/11 re: letter sent from the Township to
Premier McGuinty regarding the quarry application, The Highland
Companies, in the Township of Melancthon. (with copy of original letter and
attached sent to MNR Minister Jeffrey on Feb 22/11)
(q) Town of Shelburne dated Mar 30/11 re: letter sent from the Town to MNR
Minister Jeffrey regarding the quarry application, The Highland Companies,
in the Township of Melancthon.
(r) Township of Adjala - Tosorontio dated Apr 11/11 re: letter sent from the Town
to the Aggregate Resources Officer, MNR regarding the quarry application,
The Highland Companies, in the Township of Melancthon.
(s) NVCA letter to the Minister of Natural Resources dated April 21, 2011 re:
Highland Companies quarry application in the Township of Melancthon.
(t) Township of Melancthon letter to Premier Dalton McGuinty dated Apr 19/11
re: Minister Jeffrey not granting the extension for comments to the Highland
Companies quarry application.
Note: on table item added:
(u) NVCA letter to the Ministry of Natural Resources dated April 21/11 re:
Aggregate Resources Act Application (Highland Companies) in the Township
of Melancthon.
Page 46 of 190
12b) - Minutes of Nottawasaga Valley Conse...
BOARD OF DIRECTORS MINUTES MEETING No: 04/11 29 April, 2011 Page 7 of 7
Darren White, member representing the Township of Melanchton thanked the
member municipalities for their support in requesting the Minister of Natural
Resources to grant an extension for comments to the Aggregate Resources Act
Application. Mr. White advised that the extension was not granted by the Minister.
RES. #15 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd
RESOLVED THAT: Correspondence not specifically dealt with be placed on file.
Carried;
FUTURE MEETINGS
Board of Directors — May 27, 2011
ADJOURN
RES. #16 MOVED BY: Kevin Lloyd SECONDED BY: Mike Edwards
RESOLVED THAT: This meeting adjourn at 11:15 a.m. to meet again at the call
of the Chair.
Carried;
Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO /Secretary- Treasurer
Approved this 20th day of May, 2011
BOARD MEMBER ORIENTATION
• Wayne Wilson, CAO /Secretary- Treasurer
• Glenn Switzer, Director of Engineering and Technical Services
The orientation session was conducted following the regular scheduled meeting.
The following members were present for the Orientation:
Gail Ardiel
Town of the Blue Mountains
Nina Bifolchi
Town of Wasaga Beach
John Crawford
Township of Oro - Medonte
Daniel Davidson
Town of Innisfil
Earl Hawkins
Township of Mulmur
Rob Keffer
Township of Bradford West Gwillimbury
Bob Marrs
Town of New Tecumseth
Fred Nix
Town of Mono
Brent Preston
Township of Clearview
Perry Ritchie
Township of Springwater
Michael Smith
Township of Essa
Rick Webster
Township of Springwater
Darren White
Township of Melancthon
Keith White
Township of Essa
Page 47 of 190
Independent Auditor's Report
Financial Statements
Statement of Financial Position
Statement of Net Assets
Statement of Operations
Statement of Cash Flows
Summary of Significant Accounting Policies
Notes to the Financial Statements
Schedule of Revenues
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley
Conservation Authority
Financiat Statements
For the year ended December 31, 2010
Contents
7 -9
10 -20
21
Page 48 of 190
12c) - Nottawasaga Valley Conservation Aut...
Tel: 705 726 6331 300 Canada
BDO
Fax: 705 722 6588 300 Lakeshore e Drive, Suite 300
www.bdo.ca Barrie ON AN OB4 Canada
Independent Auditor's Report
To the Members of the Nottawasaga Valley Conservation Authority
We have audited the accompanying financial statements of the Nottawasaga Valley Conservation
Authority, which comprise the statement of financial position as at December 31, 2010, and the
statement of operations, statement of net assets, and statement of cash flows for the year then ended,
and a summary of significant accounting policies and other explanatory information.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with Canadian generally accepted accounting principles, and for such internal control as
management determines is necessary to enable the preparation of financial statements that are free
from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We
conducted our audit in accordance with Canadian generally accepted auditing standards. Those
standards require that we comply with ethical requirements and plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statements. The procedures selected depend on the auditor's judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the entity's
preparation and fair presentation of the financial statements in order to design audit procedures that
are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of
accounting policies used and the reasonableness of accounting estimates made by management, as well
as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
Opinion
In our opinion, the financial statements present fairly, in all material respects, the financial position of
the Nottawasaga Valley Conservation Authority as at December 31, 2010 and the results of its
operations and its cash flows for the year then ended in accordance with Canadian generally accepted
accounting principles.
Chartered Accountants, Licensed Public Accountants
Barrie, Ontario
March 25, 2011
BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO
network of independent member firms. 2
Page 49 of 190
December 31
Assets
Current
Cash (note 1)
Accounts receivable
Prepaid expenses
Investments (note 2)
Capital Assets (note 3)
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Statement of Financial Position
2010 2009
(note 14)
$ 583,595 $ 499,686
458,291
610,943
29,742
32,112
1,071,628
1,142,741
705,921
695,776
351,567 8,219,094
$10,129,116 $ 10,057,611
Liabilities and Net Assets
Current Liabilities
Accounts payable and accrued liabilities $ 265,244 $ 154,811
Deferred revenue 456,527 850,832
721,771 1,005, 643
Deferred Contributions Related to Capital Assets (note 5) 696,856 735,181
Commitments (note 6)
Contingent Liabilities (note 11)
Net Assets
Internally restricted
Invested in capital assets (note 8)
Internally restricted reserve funds (note 7)
Unrestricted
7,646,092 7,468,575
1,064,397 848,212
8,710,489 8,316,787
$10,129,116 $ 10,057,611
Oh behalf of the Authority:
Director
Director
The accompanying summary of significant accounting policies and notes are an integral part of these financial statements
3
Page 50 of 190
12c) - Nottawasaga Valley Conservation Aut...
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Page 51 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Statement of Operations
For the year ended December 31
2010 Budget
2010
2009
federal grants (schedule)
(Unaudited - note 9)
42,521
65,358
Revenues
809,415
878,393
707,563
Municipal government grants
205,605
158,610
237,416
Municipal levies
-
18,975
12,510
general matching
$ 183,960
$ 183,960 $
183,960
general non - matching
1,633,937
1,641,143
1,583,534
special
4,530
6,797
4,494
Municipal grants
35,185
55,381
29,080
Total municipal funding
1,857,612 1,887,281 1,801,068
Government provincial grants (schedule)
823,840
1,380,641
942,117
federal grants (schedule)
17,000
42,521
65,358
User fees (schedule)
809,415
878,393
707,563
Contributions and donations
205,605
158,610
237,416
Interest income
-
18,975
12,510
Miscellaneous
-
1,867
2,801
Amortization of deferred contributions
-
40,825
41,284
Expenses
Wages and benefits
Materials and supplies expense
Amortization of capital assets
Trees and planting
Consulting expenses
Vehicle expense
Insurance expense
Legal and accounting
Office expense
Staff expenses and mileage
Bad debts (recovery)
Maintenance
Telephone and fax
Utilities
Membership expenses
Minor equipment purchases and rentals
Interest and bank charges
Loss on disposal of capital assets
Property taxes (recovery)
3,713,472 4,409,113 3,810,117
2,372,272
2,355,198
2,469,884
564,135
974,295
435,952
165,000
196,774
185,934
131,000
130,412
108,963
68,500
130,181
103,481
86,650
76,611
83,351
68,315
60,070
65,075
47,300
47,583
35,058
67,570
44,283
44,806
47,125
41,394
38,107
38,500
(3,000)
39,200
36,311
27,276
36,350
28,287
25,319
23,020
26,533
25,635
30,130
21,925
20,668
10,400
7,661
15,314
5,000
9,870
5,436
-
2,500
-
13,805
(2,977)
12,492
3,775,772 4,225,411 3,699,751
Excess of revenues over expenses
(expenses over revenues) for the year $ (62,300) $ 183,702 $ 110,366
The accompanying summary of significant accounting policies and notes are an integral part of these financial statements
Page 52 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Statement of Cash Flows
For the year ended December 31 2010 2009
Cash flows from operating activities
Excess of revenues over expenses for the year
$ 183,702 $
110,366
Adjustments for
Amortization of capital assets
196,774
185,934
Amortization of investment bond premium
8,585
691
Unrealized loss (gain) on investments
(562)
5,035
Amortization of deferred contributions related to
capital assets
(40,825)
(41,284)
Loss on disposal of capital assets
2,500
-
350,174
260,742
Changes in non =cash working capital balances
Accrued investment income
411
(2,181)
Accounts receivable
152,652
(216,675)
Prepaid expenses
2,370
(3,908)
Accounts payable and accrued charges
110,433
(53,414)
Deferred revenue
(394,305)
243,554
221,735
228,118
Cash flows from investing activities
Purchase of investments
(271,580)
(699,321)
Purchase of capital assets
(121,746)
(186,143)
Proceeds on disposal of investments
253,000
(140,326)
(885,464)
Cash flows from financing activities
Increase in deferred contributions related to capital assets
2,500
4,581
Increase (decrease) in cash during the year
83,909
(652,765)
Cash, beginning of year
499,686
1,152,451
Cash, end of year
$ 583,595 $
499,686
The accompanying summary of significant accounting policies and notes are an integral part of these financial statements
6
Page 53 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Summary of Significant Accounting Policies
For the year ended December 31, 2010
Nature and Purpose of
Organization The Nottawasaga Valley Conservation Authority is a land and water
management agency established under the provisions of the Conservation
Authorities Act of Ontario.
Basis of Accounting These financial statements have been prepared and are presented in
accordance with the accrual basis of accounting.
Revenue Recognition The Authority follows the deferral method of accounting for contributions
which includes grants and government subsidies.
Operating revenue, including grants and subsidies are recorded as revenue
in the period to which they relate. Revenue earned but not received at
the end of an accounting period is accrued. Where a portion of revenue
relates to a future period, it is deferred and recognized in that future
period.
Unrestricted contributions are recognized as revenue when received or
receivable if the amount to be received can be reasonably estimated and
collection is reasonably assured.
Externally restricted contributions are recognized as revenue in the year in
which the related expenditures are recognized.
Use of Estimates The preparation of financial statements in accordance with Canadian
generally accepted accounting principles requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities at the date of the financial statements, and the reported
amounts of revenues and expenses during the reporting period. The
principal estimates used in the preparation of these financial statements
are the useful life of capital assets, the allowance for doubtful accounts,
deferred revenue amounts and fair values of financial instruments. Actual
results could differ from management's best estimates as additional
information becomes available in the future.
Capital Assets Purchased capital assets are recorded at cost. Contributed capital
assets are recorded at fair value at the date of contribution. Amortization
is being provided for using the following rates and methods:
Buildings
Dams and structures
Site utilities
Equipment and vehicles
Small equipment
Computer equipment
Furniture and fixtures
50 years straight -line
50 years straight -line
15 years straight -line
25% declining balance
20% declining balance
30% declining balance
10 years straight -line
Page 54 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Summary of Significant Accounting Policies
For the year ended December 31, 2010
Capital Assets (continued) Assets with an original cost of less than $1,000 are charged to the
statement of operations in the year of acquisition.
Maintenance and repairs of capital assets are charged to expenses as
incurred. Renewals and betterments are charged to capital assets and
amortized as part of the annual amortization provision.
Capital assets sold or retired and the corresponding accumulated
amortization are removed from the accounts as at the date of sale or
retirement. Any gain or loss on sale or retirement is credited or charged
to operations as appropriate.
Financial Instruments The Authority classifies its financial instruments into one of the following
categories based on the purpose for which the financial instrument was
acquired. The Authority's accounting policy for each category is as
follows:
Assets or liabilities held - for - trading
Financial instruments classified as assets or liabilities held - for - trading are
reported at fair value at each statement of financial position date, and
any change in fair value is recognized in the statement of operations in
the period during which the change occurs. Transaction costs are
expensed when incurred.
Unrestricted and restricted cash resources, short-term deposits and
investments have been classified as held - for - trading.
Loans and receivables and other financial liabilities
Financial instruments classified as loans and receivables and other
financial liabilities are carried at amortized cost using the effective
interest method. Interest income or expense is included in the statement
of operations over the expected life of the instrument. Transaction costs
are expensed when incurred.
Accounts receivable has been classified as loans and receivables.
Accounts payable and accrued liabilities have been classified as other
financial liabilities.
The following methods were used to estimate the fair value of the
financial instruments at the statement of financial position date.
Investments in securities with an active market are valued at quoted
market prices.
All transactions related to financial instruments are recorded on a
settlement date basis.
8
Page 55 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Summary of Significant Accounting Policies
For the year ended December 31, 2010
Income Taxes The Authority is not subject to federal or provincial income taxes pursuant
to exemptions accorded to registered charities in the income tax
legislation.
Impairment of Long
Lived Assets Assets are tested for recoverability whenever events or changes in
circumstances indicate that its carrying amount may not be fully
recoverable. The Authority monitors the recoverability of long -lived
assets, based on factors such as current market value, future asset
utilization, business climate and future undiscounted cash flows expected
to result from the use of the related assets. The Authority's policy is to
record an impairment loss in the period when it is determined that the
carrying amount of the asset may not be recoverable. The impairment loss
is calculated as the amount by which the carrying amount of the asset
exceeds the undiscounted estimate of future cash flows from the asset.
Pension Plan The Authority is is an employer member of the Ontario Municipal
Employees Retirement System (OMERS), which is a multi - employer, defined
benefit pension plan. The Board of Trustees, representing plan members
and employers, is responsible for overseeing the management of the
pension plan, including investment of the assets and administration of the
benefits. The Authority has adopted defined contribution plan accounting
principles for this Plan because insufficient information is available to
apply defined benefit plan accounting principles. The Authority records as
pension expense the current service cost, amortization of past service
costs and interest costs related to the future employer contributions to the
Plan for past employee service.
Page 56 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
1. Cash
The Authority's bank accounts are held at one chartered bank. The bank accounts earn interest at
a rate of prime less 3% and at the bank's treasury rate.
2. Investments
2010 2009
Market Cost Market Cost
Cash held with investment company $
2,196 $
2,196 $
5,885 $
5,885
Short -term note
79,960
79,946
24,991
24,985
Bonds
621,995
621,447
662,719
667,760
Accrued interest
1,770
1,770
2,181
2,181
$ 705,921 $ 705,359 $ 695,776 $ 700,811
Cash held with the investment company earns interest at 0.25% (2009 - 0 %).
Investments in securities with an active market have been included at market value based on
quoted bid prices at December 31.
The short -term note bears a fixed rate of interest of 0.87% (2009 - 0.2 %) and has a maturity date
of January 20, 2011 (2009 - March 18, 2010).
Bonds bear stated fixed rates of interest ranging from 1.25% to 4.896% (2009 - 1.25% to 4.896 %)
and have maturity dates ranging from May 2, 2011 to December 3, 2015 (2009 - December 1, 2010
to December 3, 2015).
The investments have been designated as held - for - trading, and as a result an unrealized gain of
$562 (2009 - loss of $5,035), representing the amount of change in fair values during the year, has
been included in interest income reported for the year.
01
Page 57 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
3. Capital Assets
4. Credit Facilities
The Authority has a demand loan facility with Scotia Bank. This credit facility has an authorized
credit limit of $450,000 and bears interest at the bank's prime rate. There is no balance
outstanding as at December 31, 2010.
1E
Page 58 of 190
2010
2009
Accumulated
Accumulated
Cost
Amortization
Cost
Amortization
(note 14)
Land $
5,207,557
$ - $
4,984,603 $
-
Buildings
1,821,885
475,527
1,821,885
439,102
Dams and structures
3,006,310
1,646,332
3,006,310
1,586,205
Site utilities
514,809
316,958
504,902
297,339
Equipment and vehicles
256,356
185,774
209,412
162,247
Small equipment
167,940
114,235
147,967
100,809
Computer equipment
245,472
182,448
251,030
190,464
Furniture and fixtures
192,641
140,129
192,641
123,490
$11,412,970
$ 3,061,403 $ 11,118,750 $
2,899,656
Net book value
$ 8,351,567
$
8,219,094
During the year, property, plant and equipment were acquired at an aggregate cost
of $331,746
(2009 - $836,143). Of this total, $210,000
(2009 -
$650,000) were donated with the remaining
$121,746 (2009 - $186,143) paid in cash.
4. Credit Facilities
The Authority has a demand loan facility with Scotia Bank. This credit facility has an authorized
credit limit of $450,000 and bears interest at the bank's prime rate. There is no balance
outstanding as at December 31, 2010.
1E
Page 58 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
5. Deferred Contributions Related to Capital Assets
Deferred contributions represent the unamortized amount of donations and levy received to be
used for the purchase of certain capital assets. The amortization of these contributions is
recorded as revenue in the statement of operations.
The John Hix Administration Centre Reserve was established from the donation from John Hix and
may only be used for capital expenses related to the administration and education centres as
specified by the donor.
Deferred Contributions
Balance, beginning of year
Allocation from reserve (below) related to covered boardwalk
expenses
Contributions for memorial stone
Contributions for sprayer
Contribution for the washroom in Minesing Wetlands
Amounts amortized to revenue
Balance, end of year
John Hix Administration Centre Reserve
Balance, beginning of year
Transferred to deferred contributions (above)
Interest earned
Balance, end of year
Total Deferred Contributions
2010 2009
$ 735,181 $ 719,056
52,850
3,559
- 1,000
2,500
(40,825) (41,284)
696,856 735,181
52,828
(52,850)
22
$ 696,856 $ 735,181
]2
Page 59 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
6. Commitments
a) Lease obligations:
The Authority is presently leasing equipment and vehicles with various monthly rentals and
maturity dates. The minimum lease payments required over the next five years are as follows:
2011
$ 11,805
2012
11,805
2013
11,805
2014
11,805
2015
5,903
b) The Authority leases four pieces of property to two local municipalities and one not - for - profit
organization for no financial consideration. Under the terms of the agreements the
municipalities and the not - for - profit organization are responsible for all costs associated with
their respective properties. The leases may be terminated by either party with written notice.
One of the agreements extends to 2023, a second agreement extends to 2019 and a third
agreement extends to 2013. The fourth agreement, with the not - for - profit organization,
extends to 2012.
c) The Authority leases the New Lowell Campground and Conservation Park to two individuals who
manage the park. Under the terms of the agreement which extends to May 14, 2013, the
managers will pay the Authority a lease amount equal to $14,000 per year with an additional 3%
increase every year. The lease has a five year renewal option with the understanding that one
years notice must be given by either party to terminate the lease. The Authority is responsible
for property taxes and property insurance while the managers are responsible for operational
costs. Capital projects are paid for by the managers and become the property of the Authority.
d) The Authority leases various agricultural lands to farmers for minimal financial consideration
under the terms of agreements which expire in 2011 to 2015. The minimum future rental
income to be received related to these leases is $5,944 per year.
e) The Authority teases property to a wildlife veterinary and rehabilitation organization which
operate on the premises. Under the terms of the agreement which extends to December 31,
2013, the organization will pay the Authority a lease amount equal to $3,000 per year plus
utilities. The organization is responsible for property taxes, property insurance and operational
costs. The rental monies are to be allocated to the capital repair and replacement reserve of
the Authority to cover future capital projects.
13
Page 60 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
7. Internally Restricted Reserve Funds
Appropriations are made from unrestricted net assets to various reserve funds upon approval of the
Board of Directors.
Operational Reserve:
The operational reserve was established to provide funds to purchase equipment as required.
Vehicle Reserve:
The vehicle reserve was established to provide funds to purchase vehicles.
Environmental Education Reserve:
The Environmental Education reserve was established to cover future environmental equipment
and material purchases.
Human Resources Reserve:
The Human Resources reserve was established to provide funds to cover human resource issues.
New Lowell Reserve Fund:
The New Lowell reserve fund was established to cover future capital expenses for the New Lowell
campground.
Minesing Wetlands Reserve:
The Minesing Wetlands reserve was established to provide funds for the management of Minesing
Swamp.
Capital Repair and Replacement Reserve:
The Capital Repair and Replacement reserve was established to cover future capital expenses.
Healthy Waters Reserve:
The Healthy Waters reserve was established to cover future expenses for the Healthy Waters
program.
Land Management Acquisition Reserve:
The Land Management Acquisition reserve was established to assist with acquisitions of significant
or environmentally sensitive lands. The reserve would compliment the ongoing acquisition program
and partnership arrangements with Nature Conservancy Canada and Ministry of Natural Resources
for Minesing Swamp and Niagara Escarpment lands.
Planning /Legal Reserve:
The Planning /Legal reserve was established to cover legal activities and unexpected variations in
planning revenue.
14
Page 61 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
7. Internally Restricted Reserve Funds (continued)
New Lowell Reserve Fund
Balance, beginning of year
2010
2009
Operational Reserve Fund
(3,075)
-
Balance, beginning of year
$ 37,321 $
41,321
Transfer to unrestricted net assets
(18,833)
(4,000)
Balance, end of year
18,488
37,321
Balance, beginning of year and end of year
Vehicle Reserve Fund
10,354
Balance, beginning of year
6,055
28,615
Transfer to unrestricted net assets
(6,055)
(22,560)
Balance, end of year
-
6,055
Environmental Education Reserve Fund
Balance, beginning of year and end of year
1,008
1,008
Human Resources Reserve Fund
Balance, beginning of year
147,634
109,960
Transfer from unrestricted net assets
69,348
37,674
Balance, end of year
216,982
147,634
New Lowell Reserve Fund
Balance, beginning of year
42,033
33,366
Transfer to unrestricted net assets
(3,075)
-
Transfer from unrestricted net assets
9,605
8,667
Balance, end of year
48,563
42,033
Minesing Wetlands Reserve Fund
Balance, beginning of year and end of year
10,354
10,354
15
Page 62 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
7. Internally Restricted Reserve Funds (continued)
2010 2009
Capital Repair and Replacement Reserve
Balance, beginning of year
579,992
455,537
Transfer to unrestricted net assets
(146,022)
(63,912)
Transfer from unrestricted net assets
137,393
188,367
Balance, end of year
571,363
579,992
Healt,hy Waters Reserve Fund
Balance, beginning of year and end of year
13,936
13,936
Land Management Acquisition Reserve
Balance, beginning of year 9,879 12,495
Transfer to unrestricted net assets (9,879) (7,251)
Transfer from unrestricted net assets 15,000 4,635
Balance, end of year 15,000 9,879
Planning /Legal Reserve Fund
Balance, beginning of year and end of year -
Transfer to Planning /Legal reserve fund 168,703
Balance, end of year 168,703
Total Internally Restricted Reserve Funds $ 1,064,397 $ 848,212
IN
Page 63 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
8. Investment in Capital Assets
(a) Investment in capital assets is calculated as follows:
Capital assets
Amounts financed by restricted contributions
Deferred contributions related to capital assets
Accounts payable related to capital assets
(b) Changes in net assets invested in capital assets
is calculated as follows:
2010
2009
(note 14)
$ 8,351,567 $
8,219,094
(696,856)
(735,181)
(8,619)
(15,338)
$ 7,646,092 $
7,468,575
Excess of expenses over revenues:
Amortization of capital assets $ (196,774) $ (185,934)
Loss on disposal of capital assets (2,500)
Amortization of deferred contributions related to capital assets 40,825 41,284
$ (158,449) $ (144,650)
Net change in investment in capital assets:
Additions to capital assets $ 121,746 $ 186,143
Increase in deferred contributions related to capital assets (2,500) (4,581)
Decrease (increase) in accounts payable related to capital assets 6,720 (15,338)
Decrease in restricted cash related to capital assets - (52,828)
$ 125,966 $ 113,396
9. Budget
The budget figures as presented for comparison purposes are unaudited and are those approved by
the Board of Directors on February 12, 2010.
17
Page 64 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
10. Pension Plan
OMERS provides pension services to more than 400,000 active and retired members and
approximately 921 employers. Each year an independent actuary determines the funding status of
OMERS Primary Pension Plan (the Plan) by comparing the actuarial value of invested assets to the
estimated present value of all pension benefits that members have earned to date. The most
recent actuarial valuation of the Plan was conducted at December 31, 2010. The results of this
valuation disclosed total actuarial liabilities of $60,035 million (2009 - $54,253 million) in respect
of benefits accrued for service with actuarial assets at that date of $55,568 million (2009 - $52,734
million) indicating an actuarial deficit of $4,467 million (2009 - $1,519 million). Because OMERS is
a multi- employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario
municipal organizations and their employees. As a result, the Authority does not recognize any
share of the OMERS pension surplus or deficit.
The amount contributed to OMERS for 2010 was $124,652 (2009 - $126,067) and is included as an
expense in the statement of operations.
11. Contingent Liabilities
From time to time the Authority is subject to claims and legal actions arising in the normal course
of operations. In the opinion of management, the ultimate resolution of such pending legal
proceedings will not have a material adverse effect on the financial position of the Authority.
18
Page 65 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
12. Capital Disclosures
The Authority considers its capital to be its total restricted and unrestricted net assets. Its
internally restricted net assets consists of amounts invested in capital assets and reserve funds
restricted for specific purposes.
The Authority's objectives when managing capital are to safeguard the Authority's ability to
continue as a going concern and to provide delivery of its services to the public and its members.
Management maintains its capital by ensuring that annual operating and capital budgets are
developed and approved by the Board of Directors and the participating municipalities based on
known or estimated sources of funding available each year. These budgets are shared with all
management of the Authority to ensure that the capital of the Authority is maintained.
13. Economic Dependence
The Authority received 43% (2009 - 47 %) of its revenues from participating municipalities and 31%
(2009 - 25 %) from the Province of Ontario.
14. Prior Period Adjustment
During the year, the Authority was notified that a donation of land with a fair market value of
$650,000 had been made to the Authority with an effective date of December 18, 2009 for the
transfer of title. As a result, the comparative figures presented for 2009 have been restated to
reflect this 2009 transaction. Specifically, capital assets and the amount of net assets invested in
capital assets have both increased by $650,000.
19
Page 66 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Notes to the Financial Statements
For the year ended December 31, 2010
15. Financial Instruments
a) Fair value
The fair value of a financial instrument is the amount of consideration that would be agreed upon
in an arm's length transaction between knowledgeable, willing parties who are under no
compulsion to act. Fair values are determined by reference to quoted bid or asking prices as
appropriate, in the most advantageous active market for that instrument to which the Authority
has immediate access.
The Authority's financial instruments are comprised of cash, accounts receivable, investments and
accounts payable and accrued liabilities. Unless otherwise noted, it is management's opinion that
the Authority is not exposed to significant interest, currency or credit risks arising from these
financial instruments.
Cash, accounts receivable and accounts payable and accrued liabilities are reported at their fair
values on the statement of financial position. The fair values approximate their carrying values
due to their short -term nature.
The fair values of investments are detailed in note 2.
b) Risks Arising From Financial Instruments
i) Credit Risk
The Authority's cash is held at a major financial institution in excess of the amount insured by
agencies of the federal government. The Authority's accounts receivable is made up of a large
number of small balances from government agencies and individuals and entities in the real estate
development and construction business.
ii) Interest Rate Risk
The Authority manages its investments based on its cash flow needs and with a view to optimizing
its interest income. See note 2 for details on interest rate yields and maturity dates of its
investments.
The Authority is not exposed to significant interest rate risk due to the short -term maturity of its
monetary assets and current liabilities.
20
Page 67 of 190
12c) - Nottawasaga Valley Conservation Aut...
Nottawasaga Valley Conservation Authority
Schedule of Revenues
For the year ended December 31 2010 2009
Provincial government grants
65,358
User fees
Early Action Landowner Grants
$ 867,363 $
241,506
Ministry of Natural Resources - Flood operations
188,490
186,779
Source Water Protection Planning
175,816
291,451
Dufferin Headwaters
47,827
conservation lands
Nottawasaga Watershed Improvement Program
33,485
19,740
Agricultural Resource Inventory Layer
27,781
-
COA
12,678
46,276
Species at Risk
10,187
17,904
OMAFRA Nutrient Management
6,931
31,069
Low Water Response
5,033
22,964
Other
2,861
10,340
Ministry of Environment - Groundwater Study
2,189
7,659
Geodetic Survey
64,429
Nottawasaga Futures /Trillium
-
2,000
Total provincial funding
$ 1,380,641 $
942,117
Federal government grants
$ 42,521 $
65,358
User fees
planning
$ 692,917 $
506,194
environmental education
90,921
77,904
stewardship services
42,200
77,398
conservation lands
33,483
30,950
Tiffin outreach
17,589
14,252
engineering and technical services
1,283
865
$ 878,393 $
707,563
21
Page 68 of 190
12d) - Lake Simcoe Region Conservation Aut...
0 Region egion aoe BOARD OF DIRECTORS' MEETING
R
Authority
ttion NO. BOD -04 -11 - Friday April 29th, 2011
autho
LSRCA Boardroom
NEWMARKET, ON
Board Members Present:
Mayor V. Hackson, Chair
Councillor M. Baier
Mr. E. Bull
Councillor M. Coutanche
Councillor P. Craig
Mayor G. Dawe
Councillor A. Eek
Councillor K. Ferdinands
Mayor R. Grossi
Councillor B. Haire
Councillor D. Kerwin
Councillor J. O'Donnell
Councillor B. Ward
Regrets:
Regional Councillor J. Ballinger
Regional Councillor D. Bath
Regional Councillor B. Drew, Vice -Chair
Councillor G. Campbell
Councillor D. Crake
Mayor A. Orsi
MINUTES
Staff Present:
D. G. Wood, Chief Administrative Officer
B. Kemp, General Manager, Conservation Lands
J. Lee, General Manager, Corporate & Financial Services
M. Walters, General Manager, Watershed Management
R. Jarrett, General Manager, Communications & Education
R. Baldwin, Director, Planning & Development Services
B. Booth, Manager, Planning, Regulations and Enforcement
K. Christensen, Manager, Human Resources
P. Davies, Manager, Watershed Stewardship
B. Thompson, Conservation Lands Planner
G. Casey, Coordinator, Board /CAO, Projects and Services
Guests:
Mr. M. Jones, BDO Canada
Mr. J. Holland, Resident of the City of Barrie
I. DECLARATION OF PECUNIARY INTEREST
None indicated for the record of this meeting.
II. APPROVAL OF THE AGENDA
Moved by: B. Haire Seconded by: R. Grossi
BOD -55 -11 RESOLVED THAT the content of the Agenda for the April 29`h, 2011,
meeting of the Board of Directors be approved as printed and
circulated. CARRIED
III. ADOPTION OF THE MINUTES
(a) Board of Directors
Moved by: J. O'Donnell
Seconded by: P. Craig
BOD -56 -11 RESOLVED THAT the minutes of the Board of Directors Meeting No.
BOD -03 -11 held on March 25`h, 2011, be adopted and approved as
printed and circulated. CARRIED
Page 69 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 2 of 7
IV. ANNOUNCEMENTS
(a) Conservation Foundation Dinner
The Board Members were reminded that the Annual Conservation Dinner will be held on Friday,
May 13th, 2011, at Riviera Parque, Concord and encouraged to attend.
(b) Conservation Ontario — Publications
The Board received, for information, a copy of Conservation Ontario's 2010 Annual Report
and Strategic Direction 2011 to 2015.
V. PRESENTATIONS
(a) Draft Unaudited Financial Statements & Report on Reserves — 2010
The General Manager, Corporate and Financial Services presented Staff Report No. 24-11 -
BOD which provides an update on the Authority's draft unaudited financial statements and
report on reserves.
Mr. Michael Jones, CGA /Partner, BDO Canada LLP was in attendance and reviewed the
financial statements circulated with the Agenda advising that the audit process went very
well and there are no issues to report.
Moved by: E. Bull Seconded by: M. Coutanche
BOD- 57 -11: RESOLVED THAT Staff Report No. 24- 11 -BOD entitled, "2010 Draft
Audited Financial Statements ", be received and approved; and
THAT the Appropriations to Reserve from operations as outlined in
Schedule 5 of the 2010 Draft Audited Financial Statements be approved;
and
FURTHER THAT the pending 2010 Audited Financial Statements be
distributed to the Ministry of Natural Resources and the Authority's
banker. CARRIED
VI. DEPUTATIONS
There were no Deputations scheduled for this meeting.
VII. HEARINGS
There were no Hearings scheduled for this meeting.
Page 70 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 3 of 7
VIII. CLOSED SESSION
Moved by: A. Eek Seconded by: D. Kerwin
BOD -58 -11 RESOLVED THAT the LSRCA's Board of Directors move to Closed Session
to deal with confidential legal and human resource matters.
FURTHER THAT the LSRCA's Executive Management Team and the
Manager, Enforcement, Regulations and Planning remain in the
meeting for Item VIII(a) of the agenda and that only the members of the
Executive Management Team and the Manager, Human Resources
remain in the meeting to deal with Item VIII(b). CARRIED
Moved by: D. Kerwin Seconded by: K. Ferdinands
BOD -59 -11 RESOLVED THAT the LSRCA's Board of Directors rise from Closed
Session. CARRIED
(a) Enforcement Activities Review — January— March 2011
Confidential Staff Report No. 31- 11 -BOD was provided at the meeting.
Moved by: G. Dawe Seconded by: B. Haire
BOD -60 -11 RESOLVED THAT Confidential Staff Report No. 31- 11 -BOD regarding the
status of the enforcement matters for the period January 1, 2011
through March 31, 2011 be received for information. CARRIED
(b) Communications & Education
Confidential Staff Report No. 23- 11 -BOD was provided at the meeting.
Moved by: G. Dawe Seconded by: E. Bull
BOD -61 -11 RESOLVED THAT Confidential Staff Report No. 23- 11 -BOD which
provides a review of the 2011 operational changes to Scanlon Creek
Outdoor Education Program be approved. CARRIED
IX. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 6 and 8 were identified for separate discussion.
Page 71 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 4 of 7
X. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by: R. Grossi
Seconded by: P. Craig
BOD -62 -11 RESOLVED THAT the following recommendations respecting the matters
listed as "Items Not Requiring Separate Discussion" be adopted as
submitted to the Board and staff be authorized to take all necessary
action required to give effect to same. CARRIED
1. Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation 179/06
BOD -63 -11 RESOLVED THAT applications under Section 28 of the Conservation
Authorities Act and Ontario Regulation 179/06 be received.
2. Correspondence
BOD -64 -11 RESOLVED THAT the correspondence listed in the April 29`h, 2011,
agenda as items 2 (a) be received for information.
3. Monthly Communications Update
BOD -65 -11 RESOLVED THAT the Monthly Communications Update — Summary, for
the period March 1 to 31, 2011, be received for information.
4. Chair's Quarterly Activity Report
BOD -66 -11 RESOLVED THAT Chair's Report 02 -10 -Chair which provides an overview
of the Chair's Activities for the period January 1 to March 31, 2011, be
received.
5. 2010 Landowners Environmental Assistance Program (LEAP) Progress Report
BOD- 67 -11: RESOLVED THAT Staff Report No. 26- 11 -BOD regarding the Landowner
Environmental Assistance Program - 2010 Progress Report be received
for information.
7. Planning and Services Consultation Program - 2011
BOD- 68 -11: RESOLVED THAT Staff Report 28- 11 -BOD regarding the Planning and
Development Services Consultation program to be implemented in
2011, be received.
9. Monitoring Report — Planning and Development Applications January through March
BOD- 69 -11: RESOLVED THAT Staff Report 30- 11 -BOD regarding the monitoring of
planning and development applications for the period January 1, 2011
through March 31, 2011 be received for information.
Page 72 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 5 of 7
10. Conservation Ontario — Statistical Survey
BOD- 70 -11: RESOLVED THAT Staff Report 32- 10 -BOD regarding the LSRCA's
response to the Annual Conservation Ontario Statistical Survey (2010)
be received.
11. Strategic Planning Workshop — Results and Next Steps
BOD- 71 -11: RESOLVED THAT Staff Report No. 33- 11 -BOD be received for
information; and
FURTHER THAT staff be directed to revise the Strategic Plan goal and
objective statements based on the feedback received at the April 13,
2011 workshop; and
FURTHER THAT revised goals and objectives be presented to the Board
of Directors at the May 27, 2011 meeting.
IX. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
6. Scanlon Creek Reservoir Class Environmental Assessment
The Board dealt with Staff Report No. 27- 11 -BOD regarding the Class Environmental
Assessment for Scanlon Creek reservoir.
The General Manager, Conservation Lands, in response to questions regarding the
associated costs, reviewed the advantages of removing the dam structure from the
Conservation Area which will improve the water quality and will also reduce the liability
associated with having such a structure in a conservation area.
Moved by: A. Eek Seconded by: P. Craig
BOD- 73 -11: RESOLVED THAT Staff Report 27- 11 -BOD regarding the Scanlon Creek
reservoir Class Environmental Assessment be received; and
FURTHER THAT Conservation Authority staff proceed with
recommendations to implement stewardship projects in the Scanlon
Creek watershed, including the decommissioning of the dam in Scanlon
Creek Conservation Area, pending the availability of funds. CARRIED
8. Big Bay Point — Draft Approved Plan of Subdivision - Update
The Board dealt with an approved Staff Report No. 29- 11 -BOD regarding the Big Bay Point
Development in the Town of Innisfil.
The Director, Planning and Development Services provided an overview of the Staff Report
and advised that staff continue to meet regularly with the developer's project team
regarding this application.
Page 73 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 6 of 7
The Board inquired that given the amount of time LSRCA staff have spent on this
application /file and the associated fees, $38,800 (not including legal fees), are staff looking
at defining permit fees relative to the size of the development. In this particular case, the
cost bore by the Authority are more than what the applicant has been charged. Fees need
to be brought in line with the amount of work required by staff.
The General Manager, Watershed Management responded that will be reviewed in 2011
and a report will be presented to the Board for consideration and approval.
Moved by: M. Coutanche Seconded by: J. O'Donnell
BOD- 74 -11: RESOLVED THAT Staff Report 29- 11 -BOD which provides an overview of
the Big Bay Point development in the Town of Innisfil be received for
information. CARRIED
XI. OTHER BUSINESS
(a) 2011 Budget
The Board dealt with and approved Staff Report No. 25- 11 -BOD entitled 2011 Proposed
Budget and received a brief overview from the General Manager, Corporate & Financial
Services regarding the 2011 Budget.
Councillor O'Donnell advised that he could not support, in principle, the overall 7.9%
increase to levy. However, since the Township of Ramara approved their portion of the
LSRCA's budget, he will vote in favour of the budget.
Moved by: E. Bull Seconded by: M. Baier
BOD- 72 -11: THAT Staff Report No. 25- 11 -BOD entitled 2011 Proposed Budget be
received; and THAT the 2011 Budget Estimates, with projected revenues
in the amount of $13,759,625, as presented in the 2011 Budget book be
approved; and THAT the net reserve appropriations in the amount of
$41,217 as outlined in the 2011 Budget book be approved; and THAT
copies of the approved budget be circulated to the Lake Simcoe Region
Conservation Authority watershed member municipalities; and
FURTHER THAT each watershed member municipality be formally
advised of their respective share of the general levy and special capital
levy.
Page 74 of 190
12d) - Lake Simcoe Region Conservation Aut...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD -04 -11
April 29th, 2011 — Minutes
Page 7 of 7
Representative
Partner Municipality
YEA
NAY
CVA
Councillor Maria Baier
Town of Innisfil
x
5.67%
Reg'I Councillor Jack Ballinger ABSENT
Durham Region (Uxbridge)
3.02%
Reg'I Councillor Debbie Bath ABSENT
Durham Region (Brock)
3.02%
Mr. Eric Bull
City of Barrie
x
12.80%
Councillor Glenn Campbell ABSENT
City of Kawartha Lakes
0.62%
Councillor Mel Coutanche
Township of Oro - Medonte
x
1.54%
Councillor Phil Craig
York Region (Georgina)
x
7.14%
Councillor Del Crake ABSENT
Town of Bradford -West Gwillimbury
5.27%
Mayor Geoffrey Dawe
York Region (Aurora)
x
7.14%
Reg'I Councillor Bobbie Drew ABSENT
Durham Region (Scugog)
3.02%
Councillor Avia Eek
York Region (King)
x
7.14%
Councillor Ken Ferdinands
ABSENT (LEFT MEETING EARLY)
York Region (Whitchurch- Stouffville)
7.14%
Mayor Robert Grossi
York Region (at Large)
x
7.14%
Mayor Virginia Hackson, Chair
York Region (East Gwillimbury)
x
7.14%
Councillor Bruce Haire
Town of New Tecumseth
x
0.61%
Councillor Dave Kerwin
York Region (Newmarket)
x
7.14%
Councillor John O'Donnell
Township of Ramara
x
1.65%
Councillor Barry Ward
City of Barrie
x
12.80%
TOTAL
77.91%
100.0%
The Authority's 2011 Budget was approved with a weighted recorded vote of 77.91%
representing 100% of those in attendance at the meeting.
The CAO extended thanks to the Board Members for their support of this budget and further
thanked staff for their continued hard work and support in pulling together the Authority's
budget.
(b) The Board inquired if LSRCA staff will be addressing the Upper York Sewage Solutions to
which staff responded a presentation will be on the June BOD meeting agenda on this
matter.
(c) Councillor O'Donnell extended thanks to the General Manager, Watershed Management
for attending the meeting of Council to discuss municipal drains.
(a) ADJOURN
Meeting adjourned at 12:10 p.m. on a motion by R. Grossi.
Original signed by:
Original signed by:
Mayor V. Hackson D. Gayle Wood, CMM III
Chair Chief Administrative Officer
Page 75 of 190
Conservation
Authority
Announcements:
12d) - Lake Simcoe Region Conservation Aut...
May 271h 2011 - Page 1
Commemorative Artwork — LSRCA's 60th Anniversary
• The CAO advised that the Lake Simcoe Conservation Foundation commissioned artist Nigel Shaw who
painted a stunning original of a Northern Saw -whet Owl. A framed print was shown to the Board.
• The CAO advised that to commemorate the LSRCA's 60th Anniversary and in recognition and thanks to
all our watershed partners, one print will be presented to each of our watershed municipalities at a
Council meeting during 2011.
• Board members will be advised when the presentation will take place before their Council.
Presentations:
Neighbourhood Network
• Mr. Tom Taylor, Mr. Tim Jones and Mr. John Crowell of Neighbourhood Network were in attendance.
• Mr. Taylor, on behalf of Neighbourhood Network, presented the Authority with a certificate of
appreciation in recognition of the assistance provided at their second annual tree planting event on
May 17th in Aurora, Newmarket and East Gwillimbury.
• In particular, thanks was extended to LSRCA staff Phil Davies, Christa Sharp, Paul Cottenden and Dave
Price all who were very instrumental in the successful organizing and planting of approximately 2,600
trees with volunteers from area schools.
• The target for their 2012 event is to plant 3,000 trees.
• Mr. Jones added that this is a great collaborative effort which involved many area students who will
see their efforts in years to come watching these trees grow.
• On behalf of Magna Corporation, Mr. Crowell advised they are very proud to be involved in this
partnership and are very supportive of the LSRCA. In addition, Mr. Crowell presented a $10,000
donation to the Lake Simcoe Conservation Foundation.
L -R —John Crowell, Tim Jones, Tom Taylor, Mayor Virginia Hackson, LSRCA Chair,
Regional Councillor Bobbie Drew, LSRCA Vice Chair, Brian Kemp, General Manager,
Conservation Lands.
120 Bayview Parkway 44�'9�51 Box 282 Newmarket Ontario L3Y 4X1 .2077
Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881
E -Mail: Info@lsrca.on.ca Web: www.lsrca.on.ca Proud Past • Focused Future
Page 76 of 190
12d) - Lake Simcoe Region Conservation Aut...
LSRCA Board of Directors
Meeting Highlights — May 27th, 2011
Page 2 of 3
LSRCA GIS /IT Team — Innovation Award Recipients
• The CAO announced that the LSRCA's GIS /IT Team were the recipients of the Innovation Award. This
is an award which is presented by their peers from other Conservation Authorities in Ontario. This
award is in recognition of the work done on the Property Information database which is utilized by
the Authority's Planning and Regulations staff.
• Chair Hackson, on behalf of the Board, congratulated the team for their great work on this very
useful and impressive tool.
f �
■■■■
L -R Darren Campbell, Jocelyn Lee, Regional Councillor Bobbie Drew, Mayor Virginia Hackson, Michael Dennis, Janice Bennett,
Sam Hirji, Geoff Peat, Gayle Wood.
Hearings
• The Hearings scheduled for this meeting were deferred at the request of the applicants.
Staff Reports
• The Board dealt with and received Staff Report No. 41- 11 -BOD related to the Canadian Heritage Lake
— Lake Simcoe Proposal.
• The CAO, in response to questions from the Board Members, advised that letters have been sent to
all watershed municipalities and that the individuals coordinating this event are, at this time, only
asking that the correspondence be received by municipal Councils.
• The CAO reviewed the background related to having Lake Simcoe designated as a Heritage Lake.
• Some Board Members expressed concern with having Lake Simcoe designated as a Heritage Lake.
Page 77 of 190
12d) - Lake Simcoe Region Conservation Aut...
LSRCA Board of Directors
Meeting Highlights — May 27th, 2011
Page 3 of 3
Other Business
Golf Club - Newmarket
• The Board received an update on a violation notice issued to a golf club located in Newmarket and
were advised that a representative from this golf club may be contacting Board Members to discuss
this matter.
Members were cautioned to refrain from discussing the matter with the applicant to avoid a
potential bias /conflict should this matter come before the Board to be resolved.
Peat Farmers of Ontario
• In response to an inquiry from a Member of the Board, the CAO reviewed the issues and concerns
related to the Peat Farmers of Ontario in correlation with the protection of Provincially Significant
Wetlands.
• Staff will provide a detailed Staff Report at a future meeting of the Board.
Town of Aurora — Aurora Historical Society
• Mayor Geoff Dawe extended thanks to Authority staff for meeting with himself and members of the
Aurora Historical Society (AHS).
• This was a very productive meeting and the concerns of the AHS were addressed and resolved.
Tentative Agreement Between Canada and First Nations Over Coldwater Narrows
• Mayor Grossi advised that a tentative agreement between Canada and the First Nations over the
Coldwater Narrows has been reached.
• Four First Nations have agreed to vote on an offer from the Canadian Government for the Coldwater
Narrows Land Claim. Canada tabled a settlement offer to the Chippewas of Rama, the Chippewas of
Georgina Island, the Beausoleil First Nation and the Chippewas of Nawash. The proposed settlement
includes about $307 million (M) in compensation to resolve the claim and it will take the approval of
members from all four First Nations to resolve. The claim stems from events that occurred over 170
years ago. (from website of Moose FM — Parry Sound)
• Staff will prepare a Staff Report on this issue identifying if this has any impact on Lake Simcoe.
Source Protection Planning — Workshop
• Chair Hackson advised that she attended the workshop held in Orillia and advised it was an
exceptional event and very informative.
• If you were not able to attend, the session is now available via webinar at
http:// www .ourwatershed.ca /workshops.php and Chair Hackson encouraged members to view
the site.
Upper York Sewage Solutions (UYSS)
• The CAO advised the Board that they will be receiving a presentation from York Region's
Consultant in relation to the UYSS at the June 24th Board meeting.
• In response to the speculation that the LSRCA has taken a position on this issue, the CAO advised
that the LSRCA has not taken a position. Staff have not as yet seen /reviewed the technical reports
on this initiative and, until such time as this is done and the Board receives all information along
with a detailed Staff Report, the LSRCA will not be taking a position.
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May 26`h, 2011
Mr. Doug Irwin
Director Corporate Services /Clerk
Township of Oro - Medonte
Box 100
Oro, ON LOL 2X0
Dear Mr. Irwin:
12e) - Correspondence dated May 26, 2011 f...
14
JUN 0 2 2011
ORO- MEDONTE
Subject: LSRCA's Natural Heritage System Land Securement Project 2011 -2015
.International
Riverfoundation
Proud Winner
of the 2009
International
Thiess Riverprize
At meeting No. BOD -02 -11 of the Lake Simcoe Region Conservation Authority's Board of Directors held on February 25`h,
2011, the following resolution was passed:
BOD -19 -11 THAT Staff Report No. 03- 11 -BOD regarding the Natural Heritage System Land Securement
Project 2011 -2015 be received and the recommendations identified within the Report as 11.1,
11.2, 11.3, 11.4, 11.5, 11.6 be approved; and
THAT staff be directed to request the Minister of Natural Resources to approve the project
pursuant to Section 24 of the Conservation Authorities Act; and
THAT the project be circulated to the watershed municipalities as the basis for funding and land
securement opportunities; and
THAT the project be circulated to the Toronto and Region Conservation Authority, Central Lake
Ontario Conservation Authority, Nottawasaga Valley Conservation Authority and Kawartha
Conservation as the basis for any joint funding and land securement opportunities; and
FURTHER THAT staff be directed to seek funding for the project from the funding partners
outlined in the project report.
In accordance with Section 24 of the Conservation Authorities Act, this project document must be approved by the Minister of
Natural Resources prior to our proceeding further. The document has been forwarded to the Ministry's Integration Branch
for approval.
Enclosed with this letter is a copy of the Authority's Natural Heritage System Land Securement Project 2011 -2015 and it
would be appreciated if this could be shared with Council and the appropriate staff within your municipality.
Yours truly,
D. Gayle oo
Chief Administrative Officer
:wcb
enclosure
C. B. Kemp, General Manager, Conservation Lands, LSRCA
K. Kennedy, Land Securement Officer, LSRCA
120 Bayview Parkway
Box 282, Newmarket, Ontario L3Y 4X1
Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881
E -Mail: infoL)Lsrca.on.ca Website: www.lsrca.on.ca
A Watershed for Life
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December 2010
12e) - Correspondence dated May 26, 2011 f...
AUTHORITY RESOLUTION
Natural Heritage System, Land Securement Project: 2011 -2015
At meeting No. BOD -02 -11 of the Lake Simcoe Region Conservation Authority held on February
25, 2011 the following was adopted by the Board of Directors by Resolution BOD- 19 -11.
THAT Staff Report No. 03- 11 -BOD regarding the Natural Heritage System Land Securement
Project 2011 -2015 be received and the recommendations identified within the Report as 11.1,
11.2, 11.3, 11.4, 11.5, 11.6 be approved; and
THAT staff be directed to request the Minister of Natural Resources to approve the project
pursuant to Section 24 of the Conservation Authorities Act; and
THAT the project be circulated to the watershed municipalities as the basis for funding and land
securement opportunities; and
THAT the project be circulated to the Toronto and Region Conservation Authority, Central Lake
Ontario Conservation Authority, Nottawasaga Valley Conservation Authority, and Kawartha
Conservation as the basis for any joint funding and land securement opportunities; and
FURTHER THAT staff be directed to seek funding for the project from the funding partners
outlined in the project report.
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LIST OF FIGURES
Figure 1 Conservation Authority Context Map .................................................. ............................... 7
Figure 2 LSRCA Land Holdings ............................................................................ ............................... 9
Figure 3 Natural Heritage Features ................................................................. ............................... 17
Figure 4 Feature Occurrence ........................................................................... ............................... 19
Figure 5 Land Securement Target Areas .......................................................... ............................... 20
LIST OF TABLES
Table 1 Potential Funding Partnerships .......................................................... ............................... 31
LIST OF APPENDICES
APPENDIX 1 Environment Canada — Ecological Gifts Program ......................... ............................... 36
APPENDIX 2 Conservation Land Tax Incentive Program .................................. ............................... 41
APPENDIX 3 LSRCA Land Securement Criteria ................................................. ............................... 44
REFERENCES................................................................................................................. ............................... 48
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EXECUTIVE SUMMARY
The purpose of the Natural Heritage System Land Securement Project 2011 -2015 is to provide
background and direction for the Lake Simcoe Region Conservation Authority's (LSRCA) land securement
program. It outlines target land securement areas and implementation tools for the securement and
disposition of natural heritage or other lands by the LSRCA.
Since 2005, LSRCA has secured over 577 hectares of ecologically significant lands through fee simple
purchase and donation and through LSRCA's first conservation easements. The total appraised land
value of these lands is over $3.1 million with total acquisition costs of over $1 million. Funding has been
provided by various sources including; a bequest by Ms. Katharine Symons ($300,000) through the
Nature Conservancy of Canada as well as partner funding from Ducks Unlimited Canada, Durham
Region, York Region, The Lake Simcoe Conservation Foundation, the Ontario Heritage Trust (NSLSP), and
the Ontario Ministry of Natural Resources / Nature Conservancy of Canada Greenlands Funding
Program.
The LSRCA currently owns 1,440 hectares of ecologically significant land, conservation areas and park
space. Through the protection of natural heritage features and ecological functions, the LSRCA is
working to preserve the intrinsic values associated with flora and fauna, improving air quality and safe
drinking water in order to maintain a better quality of life for those living, working and /or recreating in
the Lake Simcoe watershed.
Based on a target area analysis, the Conservation Lands Division has set a goal to secure 500 to 750
hectares of ecologically sensitive land by 2015. This goal will also be identified in various LSRCA
corporate documents including the; Strategic Plan, Business Plan and Divisional Work Plans. The land
securement program will continue to utilize technical support by the Watershed Management Division
to refine the natural heritage system and identify priority areas for land securement that will further the
LSRCA's mission to restore and protect the environmental health and quality of the Lake Simcoe
Watershed.
The report provides detail on the financial strategy for securement including potential funding partners.
It is estimated that the land securement goal would require between $350,000 to $500,000 /year in
order to secure between 500 and 750 hectares of ecologically significant lands. Finally, the report
updates the LSRCA's land disposition policies to reflect recent changes to the Conservation Authorities
Act through the passing of the Open for Business Act, October 25, 2010.
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1.0 INTRODUCTION
Over the past five years the Lake Simcoe Region Conservation Authority's (LSRCA) Land Securement
Program has been operating under the policies and procedures set out in the Natural Heritage System
Land Securement Project 2006 -2010. Over this period the LSRCA has acquired over 575 hectares of
ecologically significant lands through fee simple purchase, donation and conservation easements. These
lands have been secured with support from a wide range of funding partnerships including municipal,
provincial, non government organizations and the Lake Simcoe Conservation Foundation.
The mandate of the Conservation Authority under Section 20 of the Conservation Authorities Act is "to
establish and undertake, in the area under which it has jurisdiction, a program designed to further the
conservation, restoration, development and management of natural resources other than gas, oil, coal
and minerals ". Based on this mandate, the Lake Simcoe Region Conservation Authority has defined its
mission:
' ?o provide leadership in the restoration and protection of the environmental health
and quality of Lake Simcoe and its watershed with our community, municipal and
other government partners ".
The Lake Simcoe Region Conservation Authority strives to achieve its mission based on the
following goals:
*To advance our understanding of the watershed ecosystem in order to predict, assess and adapt
to change,
•To provide a healthier watershed where people and property are protected from flooding and
erosion, and where land and water are conserved and restored,
-To inform and engage our communities and partners for a healthier watershed.
This Natural Heritage System Land Securement Project 2011 - 2015 furthers the Conservation
Authority's mission and goals by providing the basis and direction for securing interests in land,
through purchases, donations, conservation easements and other methods to protect the
watershed's natural heritage features. Where possible, the rehabilitation and restoration of land
that has or is experiencing degradation will be implemented by the LSRCA and other partner
organizations.
In the LSRCA's Business Plan 2009 -2013, the Conservation Lands Division has set a goal to
ultimately secure 1,000 hectares of ecologically sensitive land through the various securement
mechanisms. The revised target is to secure between 500 and 750 hectares of land by 2015. The
land securement program will continue to utilize the technical support from the Watershed
Management Division to refine the natural heritage system and identify priority areas for land
securement that will further the LSRCA's mission to restore and protect the environmental health
and quality of the Lake Simcoe watershed.
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2.0 REGIONAL CONTEXT
2.1 Jurisdictional Area
The LSRCA is situated within the Greater Toronto Area (GTA) and is bordered by four Conservation
Authorities including: The Toronto and Region, Nottawasaga Valley, Kawartha Region and Central
Lake Ontario Conservation Authorities. The LSRCA's watershed contains portions of the Oak Ridges
Moraine Conservation Plan and the Greenbelt Plan areas (Figure 1).
2.2 Provincial Land Use Plans
The province of Ontario has prepared various planning initiatives that identify the need and
desirability of public ownership of more greenspace for recreational purposes and for the
protection of sensitive environmental features. The LSRCA's jurisdiction includes areas which fall
under the Oak Ridges Moraine Conservation Plan (ORMCP, 2002), The Greenbelt Plan (2005), the
Provincial Policy Statements (2005), Places to Grow (2006), and the Lake Simcoe Protection Plan
(2009). The ORMCP's Natural Core and Linkage and Greenbelt Natural Heritage System are shown
on Figure 1.
Through various goals and objectives, these plans provide the framework for implementing the
Government of Ontario's vision for building stronger, prosperous communities by better managing
growth and protecting the environment. Each of these plans also incorporates, in various aspects,
the objectives of identifying, maintaining, improving and restoring the ecological and hydrological
integrity of the natural systems within these regions not only for ecological but also human health.
The many goals and objectives of these plans as well as the identified natural heritage and
hydrologic features play an integral part in the LSRCA's Land Securement Program by identifying
the significant Key Natural Heritage Features within its jurisdiction.
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Natural Heritage System Land Securement Project
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2.3 Lake Simcoe Conservation Authority Plans / Reports
Several reports have been prepared by the LSRCA including subwatershed plans, conservation area
management plans, The Natural Heritage System for the Lake Simcoe Watershed (2007), and the
LSRCA Integrated Watershed Management Plan (2008). Together these studies have identified
various components of the natural heritage system including those of provincial significance which
have provided direction for the protection and rehabilitation of the Lake Simcoe watershed.
Protection of the natural heritage features and ecological functions not only preserve the intrinsic
value associated with flora and fauna but also aid in improving air quality, provide safe drinking
water and maintain a better quality of life for those living working and /or recreating in the Lake
Simcoe watershed. Further research is also emerging that is attempting to place an economic
value on the Ecological Goods and Services (EG &S) provided by natural systems.
The EG &S studies examine the services provided to the public by the natural heritage system.
These services include carbon storage, water quality supply and filtration, flood control, waste
treatment and clean air to name a few. A study of the "Lake Simcoe Basin's Natural Capital: The
value of the Watershed Ecosystem Services" June 2008, estimated that at a minimum the total
value of these services to Ontario for the Lake Simcoe watershed is $975 million annually. The
study identified the non - market ecosystem service values provided by land cover type (based on
the Ecological Land Classification System). The estimated values range from $824 /hectare /year
for urban parks and up to $11,172 /hectare /year for wetlands. The benefit from forests was
estimated to be $4,798 /hectare /year. Understanding these values helps to identify land
securement target areas and support priority acquisition decisions within the Lake Simcoe
watershed.
3.0 EXISTING LAND HOLDINGS
The LSRCA currently has twenty -four (24) conservation areas with a total of 1,440 hectares (3,558
acres) of land, (Figure 2). These include lands for flood control, wetland protection, managed
woodlots, day use parks, passive recreation and outdoor education, and undeveloped natural and
environmentally significant areas.
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Figure 2 - LSRCA Land Holdings
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Since its beginning through to the mid 1990's, the LSRCA had acquired approximately 1,000
hectares of land for flood control, the creation of conservation areas and natural heritage
protection (i.e., wetlands, woodlands, environmentally significant areas). Through most of the
1990's, the LSRCA did not have funding to continue to acquire conservation lands. In 2001, the
LSRCA was the recipient of a bequest of $300,000 by Ms. Katharine Symons to acquire and protect
conservation lands within the Provincially Significant Beaver River Wetland.
In October 2005, the Conservation Authority submitted a proposal to the Minister of Natural
Resources (MNR) for the "Beaver River Wetland Land Project" as a separate project for land
securement. This report outlined the land securement objectives for this area and allows for the
direct conveyance (partial taking) of lands containing environmentally significant features such as
wetlands by the LSRCA, under Section 50 (3)(e) of the Planning Act. This project was approved by
the Minister of Natural Resources in October 2005. The Symons bequest funds associated with
the Beaver River Wetland acquisition are administered through the Nature Conservancy of Canada
(NCC). To date the majority of these funds have been utilized and the LSRCA is only 15 hectares
away from achieving Ms. Symons goal of 404 hectares (1,000 acres) of protected land in the
Beaver River Wetland. With current initiatives, it is projected that this will be exceeded in 2011.
Since 2005, sixteen properties totaling 347.7 ha (860 ac) have been added to the Beaver River
Wetland Conservation Area through fee simple purchase and donation. The total appraised value
of this land is over $775,000 with total project costs exceeding $918,000. To date, the LSRCA has
used approximately $240,000 of the bequest to leverage an additional $678,000 through various
partnerships with Ducks Unlimited Canada (DUC), Durham Region, the province of Ontario, The
Nature Conservancy of Canada (NCC) and the Lake Simcoe Conservation Foundation. An
additional 190.38 hectares of land has been secured through three conservation easements in
other priority areas within the Lake Simcoe watershed.
Beaver River Wetland Photo by Lou Wise
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4.0 FORMS OF LAND SECUREMENT
Under this project there are two primary ways of protecting environmentally sensitive and
significant lands; holding title (fee simple) or holding rights on the land (easements, covenants,
lease agreements). The following provides a brief overview of the various tools utilized for land
securement.
4.1 Fee Simple
This method is the purchase or donation of the total interest in a property. Full ownership is the
most effective way for the protection of greenspace as the owner has full property rights over the
land.
4.2 Conservation Easements
Conservation easements are specific or limited rights of use granted by the owner. Such rights are
registered on title and are binding on future owners. Easements can provide for the protection of
a resource, trail construction, and rehabilitation works.
In 1994 the provincial government passed Bill 175 amending the Statutes of Ontario including the
Conservation Land Act. This amendment allows landowners to grant easements or enter into
covenants for the protection and conservation of land. The owners may grant easements or enter
into covenants with "conservation bodies" (such as the Crown, conservation authorities, municipal
councils, bands, or registered charities) which may be registered on title and binding on future
owners. A further amendment to the Conservation Land Act, Bill 16 was passed in 2006 which
introduced new requirements that:
• The owner of the land shall not amend an easement or covenant without the written consent
of the Minister of Natural Resources;
• The conservation body cannot release the easement or covenant without the written consent
of the Minister of Natural Resources; and
• No person shall commence legal proceedings to amend or release an easement or covenant
without giving notice to the Minister. Where there are changes to an easement donated
under the federal Ecological gifts program, approval from Environment Canada may also be
required.
4.3 Covenants
Traditionally, covenants have been used to restrict an owner from undertaking specific activities
on all or a portion of their property. Typically, these covenants would not permit the alteration
or destruction of a resource, placing fill, or the building of structures. Amendments to the
Conservation Lands Act in 1994 permit a landowner to grant or sell a positive covenant to
'conservation bodies' (such as the Crown, conservation authorities, municipal councils, bands or
registered charities) for the protection and conservation of land.
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4.4 Leases and Agreements
Leases and agreements, depending on their terms, can range from more than a right to occupy to
almost an equivalent of fee simple interest. The benefits and costs associated with the interests
obtained, varies accordingly.
4.5 Summary
There are benefits and limitations associated with each form of land securement. A case by case
assessment will be undertaken by the LSRCA's Land Securement Committee to determine the
quality and significance of the resources or function of each property. Based on the individual
property assessment, landowner preferences and resources available, the Conservation Authority
would determine the most appropriate form of securement for a given property to ensure the
protection of the features and functions of the land.
Where the securement of a parcel of land or an interest in land is unable to be negotiated
between the LSRCA and an individual property owner(s), staff would continue to work with
interested landowners to foster land stewardship as an alternative non - binding approach to
natural heritage protection.
5.0 METHODS OF LAND SECUREMENT
The following outlines the various methods which could be employed in the securement of
environmentally sensitive or significant lands.
5.1 Property Purchase
Purchase of full title and rights to a property, these are arms length transactions with a willing
buyer and a willing seller. These can be properties listed on the open real estate market or
property transactions based on appraised property values identified through landowner contacts
or specific landowner inquiries. For small properties or low value lands, the property value may be
based on an appraisal letter of opinion or best offer from the LSRCA.
5.1.1 Option to Purchase
An Option to Purchase is a contract that allows the LSRCA to buy a property at a set price for a
stipulated period of time. It is a written contract by the landowner to sell the property and not to
withdraw this offer during the stipulated period of time. The LSRCA would pay a fee for this
option. This mechanism is often used by a conservation group as a means of "buying time" in its
attempts to acquire a specific piece of land and is the perfect time to fundraise for the purchase
costs.
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5.1.2 Right of First Refusal
This is an agreement between a landowner and the LSRCA, or other prospective buyer that gives
the LSRCA a chance to match any third party offer to buy a specific piece of property before it is
sold. It sets out the conditions of sale and is registered on title to the property. There is a fee
associated with the Right of First Refusal.
5.2 Donation
The LSRCA encourages donations of land or property rights. These gifts, at appraised value, may
qualify as charitable donations under the Federal Income Tax Act through the Ecological Gifts
Program which is administered by Environment Canada (Appendix 1). The LSRCA, in pursuing
donations of land or property rights, will work with municipalities, environmental organizations
and the Lake Simcoe Conservation Foundation and other potential funding partners in order to
secure environmentally significant /sensitive lands.
Several changes by the Canadian Revenue Agency (CRA) have provided more tax incentives to
landowners willing to donate ecologically sensitive lands. The 1995 federal budget provided for
amendments to the Income Tax Act to increase the 20% limitation in respect of charitable
donations to 100% for certified donations made after February 27, 1995, to Canadian
Municipalities and registered charities designated by the Minister of the Environment.
In May 2006, further changes were announced by the CRA that made all donations of ecologically
sensitive lands through the federal Ecological Gifts (Ecogifts) Program subject to 0% capital gains
tax as opposed to the previous amount of 25 %. All lands donated outside of this program are still
subject to 50% capital gains. In addition, as part of the Ecogifts Program, all appraisals are
reviewed by Environment Canada's expert panel of appraisers, therefore, landowners and LSRCA
can be assured that the appraisal is accurate and legitimate. The advantages of the Ecological
Gifts program are outlined in Appendix 1. The LSRCA has been designated by the Minister of the
Environment to accept donations through the Ecogifts Program.
5.3 Partial Takings / Direct Conveyance
This is an acquisition of part of a property in either a fee simple purchase or donation scenario.
For example, if a landowner has a residence he /she may be willing to dispose of the majority of
the property containing significant ecological features while retaining the residence and amenity
area (i.e., landowner retains 5 acres, LSRCA receives 95 acres through purchase or donation).
Through approval of the Natural Heritage System Land Securement Project 2011 -2015 by the
Minister of the Ministry of Natural Resources, the LSRCA can prepare a two part reference plan
and have it deposited in the land registry office and transfer ownership of the subject lands to the
Conservation Authority.
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5.4 Split Receipt
This can be viewed as either a donation of land or easement with cash consideration back to the
donor or a purchase of land with a donation of land value in cash back to the purchaser. Once the
land value is determined by a qualified appraiser the percentage of the fair market value of the
land to be donated versus what is to be accepted in cash will be negotiated. Through the Ecogifts
Program, the donated portion must be a minimum of 20% of the value to qualify for a split receipt.
Conversely, the landowner cannot receive more than 80% cash for the appraised value.
5.5 Life Interest Agreement /Lease Back Arrangements
When the vendor /donor wishes to retain an interest in the property he /she can enter into either a
life interest agreement or lease back arrangement. In either case, the land can be donated,
purchased or split receipted. The value of the retained interest would be determined by a
qualified appraiser and deducted from the purchase price or donation value. The agreement
would specify a set term or would continue as long as the vendor resides on the subject property.
S.6 The Planning Process
As part of the LSRCA's involvement in the Plan Review process under the Planning Act, (i.e., Official
Plan Amendments, Draft Plans of Subdivision, re- zoning and land severance applications)
environmentally significant areas may be identified through supporting studies and where
appropriate designated open space, environmental protection or other designation that would
restrict future development. The opportunity to acquire some of these lands may occur from time
to time, LSRCA staff will review and consider these opportunities when they arise.
S.7 Trade Lands
Trade lands are similar to donations where a landowner wishes to donate or bequeath property to
the LSRCA. However, in these instances the property may not contain any significant
environmental features. Where the LSRCA accepts these donations these properties would be
sold with the proceeds being directed into land securement or other program areas as directed by
the donor. Lands disposed of by the LSRCA will follow the procedures outlined in Section 10.0.
S.8 Exchanges
Landowners who own property within a valley system, flood plain or environmentally sensitive
feature may exchange their parcels for surplus tableland owned by the LSRCA. These
arrangements may bring to the LSRCA funds which can be used to acquire additional conservation
lands. While these transactions traditionally consist of the exchange of fee simple interests, they
can consist of any combination of property interests. Note that land exchanges are not necessarily
acre for acre, any exchange would be based on appraised value as valley lands would not be
valued the same as developable tableland.
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5.9 Project Requirements
When lands are part of an approved LSRCA project, they may be purchased outright or a limited
interest obtained directly from the owner at market value. Where the project is mutually
beneficial, i.e., erosion works situated on all or part of private land, landowners may be required
to deed property rights to the LSRCA for a nominal value to ensure access for future maintenance.
5.10 Municipal Lands
The LSRCA may acquire property interests in municipally owned land, at a nominal cost, when the
lands are located within the boundaries of an approved LSRCA project (i.e., flood control
structure), target area or contains significant ecological features.
5.11 Joint Ownership
Where there is a partnership between the LSRCA and one or more other organizations to co -own a
property.
5.12 Agreement Lands
Lands owned by a public agency or non - government organization that are managed by the LSRCA
under an agreement (i.e. Durham Regional Forest).
6.0 LAND SECUREMENT TARGET AREAS
Governments at various levels have recognized the importance of protecting natural heritage
systems throughout the Province of Ontario. The Official Plans for the Regional Municipalities of
Durham and York, County of Simcoe and various municipal official plans have all recognized the
important role the environment plays in the quality of life within the watershed and have adopted
various policies that identify and protect the natural heritage /open space system. The following
sections outline the development of LSRCA's target area for 2011 -2015.
"York Region's natural environment is one of our greatest assets. The GreenLincludes
of the Region's land area. It contributes to the quality of life of our residentnew business to the Region. Our goal is to not only protect, but to enhance a
natural heritage."
Vision 2026 —York Region's Strategic Plan
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6.1 Criteria for Land Acquisition
The Lake Simcoe watershed is 330,300 hectares with a land base of approximately 258,100
hectares. It is widely believed that a minimum of 30% of the natural heritage system (forests,
wetlands, streams etc.) should be protected to ensure a healthy functioning ecosystem. The Lake
Simcoe Protection Plan sets a target to achieve a minimum of 40% high quality natural vegetative
cover in the watershed. This would equate to protection of between 77,430 - 103,240 hectares of
ecologically sensitive lands within the LSRCA watershed. The LSRCA's Natural Heritage System
study identified Level 1 & 2 protection areas representing features of provincial significance where
development should not occur or should be restricted; this area contains 82,400 hectares of land.
It is the LSRCA's approach to maintain no net loss in regard to these features through the review of
permit and development applications.
It is very unlikely that this amount of land would be possible to secure in public ownership given
the cost and "willing -buyer willing - seller" philosophy of land securement. Long term protection
will need to be undertaken primarily through provincial and upper tier municipal official plans.
The focus of the LSRCA's land securment program will be directed to those areas where there is a
high concentration of significant ecological and hydrological features, rare species or rare habitats.
The LSRCA has mapped many components of the natural heritage system within its jurisdiction
including; provincially significant wetlands, areas of natural and scientific interest, interior forest
resources (200 metres), watercourses and shoreline features. Through the target area analysis
additional criteria were identified and mapped to further refine and prioritize the target areas.
These included; County and Regional Forests, municipal parks, provincial parks, parcel size,
environmentally significant areas (outdated information 1982) and proximity to other public lands,
however, these criteria did not help to refine the securement areas and therefore were not
retained for the final analysis. This data will however be useful for identifying areas for landowner
contacts and as screening criteria to evaluate specific land securement initiatives.
The criteria used to refine the Target Land Securement Areas include those outlined below and are
shown on (Figure 3 — Natural Heritage Features);
• Provincially Significant Wetlands (PSW),
• Areas of Natural and Scientific Interest (ANSI — Life Science — provincial and regional)
• Rare Habitat (Includes; open alvar, open tall grass, open fen, shrub bog, shrub fen, treed
bog and treed fen)
• Waterfowl Habitat (Includes; marsh dwelling waterfowl, forest dwelling waterfowl and
cultural meadow waterfowl)
• Wellhead Protection Zones (from Source Water Protection Studies)
• Interior forest (200 metres)
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3 - Natural Heritage Features
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The Natural Heritage System for the Lake Simcoe Watershed, Phase 1: Components and Policy
Templates report identified the natural heritage system components based on significant natural
heritage features identified in the Provincial Policy Statement 2005. Phase 2 of this program is to
identify restoration and enhancement areas and to help refine the land securement strategy. To
date this work has not been completed due to budget and staff constraints. It is anticipated that
this work will be completed within 2 -3 years and will provide further refinement and direction for
the LSRCA's land securement project update in 2015.
6.2 Land Securement Priorities
For the purposes of the LSRCA's securement program, land securement initiatives can be grouped
into two categories, first priority lands which contain features which would be eligible for the
Ministry of Natural Resources Conservation Land Tax Incentive Program (Appendix 2 & 3). For
lands where full title to a property is acquired, this program will allow the LSRCA to significantly
reduce or eliminate the tax burden associated with the long term management of these lands.
Where securement is through conservation easements this is not an issue as the landowner is
responsible forthe property taxes.
Lands which fall into secondary priority areas for securement include other ecological and
strategic lands that meet the federal Ecological Gift Program requirements (refer to Appendix 1 &
3). Typically, these lands would require greater long term funding to address the higher
maintenance costs associated with land ownership to elevate specific projects to a securement
priority. Once identified and evaluated, these securement opportunities would be discussed with
various funding partners to obtain the resources to acquire full or partial rights to lands for natural
heritage protection.
To refine these areas a feature occurrence map was prepared showing there were concentrations
of natural heritage features identified above (Figure 4). Based on these feature concentrations
nine land securement target areas were identified (Figure 5) and are described in more detail
below.
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Figure 5 - Land Securement Target Areas
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Legend
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Many of the other priority features considered and highlighted in Appendix 3 will be used as part
of the property evaluation process. These criteria would also apply to land securement
opportunity sites located outside of the designated target areas that meet at least one of the
priority or secondary criteria. As opportunities are identified through landowner or municipal
inquiries they will be subject to review by the Land Securement Committee (refer to Section 7.1
below) and ultimately reviewed and approved by the CAO and Board of Directors prior to the
initiation of further securement activities.
Given the land securement transactions over the past five years (average 115 ha. year), the
Conservation Lands Division has set a goal to secure between 500 to 750 hectares of ecologically
sensitive land by 2015. This goal will be incorporated in future corporate documents including;
Strategic Plan, Business Plan and Divisional Work Plans.
The land securement program will continue to utilize the technical support from the Watershed
Management Division to refine the natural heritage system and identify priority areas for land
securement that will further the LSRCA's mission to restore and protect the environmental health
and quality of the Lake Simcoe Watershed. The following is a brief description of each target area:
6.2.1 Beaver River Wetlands - contains areas of up to three significant ecological features
comprising the Beaver River Wetland Complex (PSW), Beaver River Wetlands ANSI (Life Science -
Regional), Significant Waterfowl Habitat and areas of interior forest. This target area is
approximately 6,000 hectares in size. The area is relatively undisturbed, containing a river -swamp
complex, extensive wetlands, swamp forests, submerged and emergent aquatic vegetation. It
contains over 2,400 hectares of land situated in Brock and Scugog Townships.
The LSRCA currently owns 399 hectares of land in this area as part of the Beaver River Wetland
Conservation Area. The Beaver River Wetland Conservation Area Management Plan 2010 includes
the securement of additional lands as part of the management goals and objectives.
Beaver River Wetlands; Photo by K. Kennedy
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6.2.2 Zephyr Creek Wetlands — contains areas of up to three significant ecological features
comprising the Zephyr -Egypt Wetland Complex (PSW), Zephyr Creek Swamp ANSI (Life Science -
Regional), Significant Waterfowl Habitat and areas of interior forest. This target area is
approximately 4,300 hectares in size and is primarily comprised of marsh with some swamp.
The LSRCA currently owns 185 hectares of land in this area as part of the Zephyr Wetland
Conservation Area property.
Zephyr Creek Wetlands; Photo: APS Digital Photographic Portfolio
6.2.3 Derryville Wetlands - contains areas of up to three significant ecological features
including the Derryville Bog ANSI (Life Science — Provincial), the Derryville East Wetland Complex
(PSW), Rare Habitat including rare threatened and endangered species. This target area is
approximately 560 hectares in size and contains all four wetland types; bog, fen, swamp, and
marsh.
The Derryville Bog is one of the twelve largest bogs in Ontario south of the Canadian Shield.
While many wetlands are called "bogs" there are probably fewer than a handful of true
ombrotrophic bogs of this nature in southern Ontario (examples would be Mer Bleu in Ottawa and
Tobermory Bog on the Bruce Peninsula). The rarity of the wetland type, its geographic location
and the sheer size make it an important element of biodiversity at the local, regional and
provincial level. It ranks high as a priority area due to its representation of uncommon habitat
(open bog and treed fen) and abundance of significant species and many provincially rare plants.
This is one of the most unique natural heritage features within LSRCA's watershed.
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Derryville Wetlands; Photo by K. Kennedy
62.4 Ramara Wetlands - contains areas of up to four significant ecological features including
the Barnstable Bay Swamp Wetland Complex (PSW), McGinnis Point ANSI (Life Science - Regional),
Significant Waterfowl Habitat, areas of interior forest, and Wellhead Protection Area. This target
area is approximately 3,000 hectares in size. The provincially significant wetland is 752 ha and is
composed of swamp and marsh, the ANSI consists of a 200 ha shoreline swamp on north shore of
Lake Simcoe in Barnstable Bay with two creek outlets.
6.2.5 Kawartha Lakes Wetlands - contains areas of up to two significant ecological features
including the Grass Creek and Corben Creek Wetlands, the Beaverton Alvar and Wetland ANSI (Life
Science - Provincial). This target area is approximately 2,600 hectares in size. The Grass Creek
Wetland is 1,304 hectares with approximately 1/3 within the LSRCA watershed. It is composed of
swamp and marsh. The Corban Creek Wetland contains an area of 107 ha.
6.2.6 Uxbridge Wetlands — contains areas of up to three significant ecological features
including the Pefferlaw -Udora Wetland Complex (PSW), Pefferlaw Brook Swamp ANSI (Life Science
— Regional) and Significant Waterfowl Habitat and areas of interior forest. This target area is
approximately 1,800 hectares in size and is comprised of swamp and marsh habitats. The
Pefferlaw Brook Swamp ANSI is 700 ha. in size.
6.2.7 Holland Marsh Wetlands - contains areas of up to four significant ecological features
including the Holland Marsh Wetland Complex (PSW), Holland River Marsh ANSI (Life Science —
Provincial), Rare Habitat, areas of interior forest and Well Head Protection Area. This target area
is approximately 6,000 hectares in size. The provincially significant wetland area is made up of
seven individual wetlands composed of bog, fen, swamp and marsh.
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The LSRCA currently owns 300.5 hectares of land in this area as part of the Scanlon Creek
Conservation Area.
Holland Marsh Wetlands; Photo: APS Digital Photographic Portfolio
6.2.8 Oro - Medonte Wetlands - contains areas of up to three significant ecological features
including the Hawkestone Wetland Complex (PSW), the Martin Farm South ANSI (Life Science -
Regional), Significant Waterfowl Habitat and interior forest area. This target area is approximately
1,300 hectares in size. The provincially significant wetland complex is 843 ha and is made up of
eleven individual wetlands, composed of swamp and marsh. The ANSI is comprised of 130
hectares of gently to moderately rolling kame hills.
6.2.9 Pottageville Swamp / Happy Valley Forest - contains areas of up to three significant
ecological features including the Pottageville Swamp ANSI (Life Science — Provincial), Pottageville
Wetland Complex Happy Valley Forest ANSI and interior forest. This target area is approximately
1700 hectares in size. The provincially significant wetland is composed of fen, swamp, marsh and
supports waterfowl breeding, fish spawning, nursery, staging and migration.
The Happy Valley Forest is dominated by deciduous forest on kame moraine. The rolling
topography creates an array of microclimates supporting different forest types within a relatively
small area. These are mainly rich Sugar Maple and Sugar Maple— American Beech stands in
association with Red Oak, Red Maple, Eastern Hemlock, Large -tooth Aspen, Trembling Aspen and
White Birch. These woodlands are interspersed with some kettle ponds and wetlands, riparian
lands and a small amount of mixed conifer forest.
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Pottageville Swamp; Photo: APS Digital Photographic Portfolio
This list of target areas encompasses a very large area (approximately 28,000 hectares) of land
within the LSRCA's watershed. The Beaver River Wetland area will remain a key focus of this land
securement project given funding availability, interest and momentum within this target area. As
opportunities diminish in the northern area of the Beaver River Wetland, focus will turn to other
areas where prospects and funding opportunities emerge. The ongoing focus of land securement
initiatives will be based on priority areas identified by staff and reviewed by the Land Securement
Committee. As part of the annual budget process, priority areas will be identified within this
program area.
7.0 PROPERTY EVALUATION PROCEDURES
7.1 Land Securement Committee
In order to evaluate potential securement opportunities in an efficient manner, the existing Land
Securement Committee (LSC) will continue to review the securement initiatives. The purpose of
this committee is to screen the potential land securement initiatives and focus efforts on the most
ecologically significant securement opportunities. The Committee is comprised of internal staff
members including, the Land Securement Officer, the General Manager, Conservation Lands, the
LSRCA's, conservation lands planner, ecologist, hydrogeologist, and biologist(s) and other staff as
needed. This committee is chaired by the Land Securement Officer and would meet as required to
review and recommend securement opportunities.
Once a candidate property has been identified, a desk top analysis will be undertaken and where
possible, field investigation will be conducted. This will provide an assessment of the ecological
significance of the property in the context of the target securement areas and establish the
LSRCA's desire to acquire the property through fee simple purchase, donation, or easement.
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Depending on the property history and preliminary site evaluation, additional environmental
studies may also be recommended (i.e., Phase 1 Environmental Assessment).
Properties that meet the securement criteria will then be pursued for securement upon review
and recommendation by the CAO and approval of the Board. This will involve identifying the
funding source or program to secure the property. Once funding is confirmed and /or funding
applications submitted, and securement approach identified (purchase, donation, easement) the
Land Securement Officer will proceed to negotiate with the landowner(s) to secure the property
(including; obtain property appraisal, negotiate agreement, commission survey, environmental
review and property transfer).
When assessing the suitability of land for securement, consideration will be given to the annual
property taxes, potential improvements or site remediation requirements and long -term
maintenance requirements for the property. Where it is desirable to have a municipality help
manage a property, arrangements would be made in advance with the respective municipality to
have an agreement in principle for long term management. If an arrangement cannot be made,
the decision to proceed with the initiative may need to be re- evaluated.
7.2 Property Appraisal Procedures
Over the past few years, an issue has arisen associated with property appraisals. In a few
instances there have been landowner initiated donations where the landowners ultimately
decided not to proceed with the donation leaving the entire cost of the appraisal to the LSRCA and
funding partners.
As a result, it is recommended that for land donations the appraisal costs be covered entirely by
the donor(s) or shared by the donor(s) and the LSRCA. If the donation proceeds and the
ownership is transferred to the LSRCA, the landowner will be reimbursed for their portion of the
costs of the appraisal. In the event that the donation does not proceed due to a change of heart by
the landowner there is no reimbursement for the appraisal. The appraisal report must meet the
requirements for appraisals set out by Environment Canada. The LSRCA will provide the
landowner with a list of acceptable appraisers. If the landowner requests to use an appraiser that
the LSRCA does not endorse, the landowner will be responsible for the full costs of the appraisal
and will be reimbursed only if the donation is completed. The Board has the discretion to waive
this requirement in special circumstances.
8.0 LANDOWNER CONTACT
The initial steps associated with landowner contact include developing a landowner contact list for
a specific area within one of the Land securement Target Areas, preparing landowner information
packages and individual property mapping for properties of interest to the LSRCA. These activities
will be undertaken by the Land Securement Officer. The contact program will include some or all
of the following activities:
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8.1 Mailing
This involves sending out a letter to a specific landowner outlining a specific project area in the
context of the LSRCA's Land Securement Program. The letter will also include a photo mosaic map
of the subject property, appropriate LSRCA program brochures and other Ecological Gifts Program
material as determined to be appropriate.
8.2 Telephone Solicitation
This involves calling target landowners to introduce them to the LSRCA's program and the LSRCA's
interest in securing all or a portion of a subject property, to explain the land securement program
and to identify other program information they may be interested in and attempt to arrange a
meeting with staff to discuss the program, their land holdings and landowner options. This could
be undertaken as a cold call or more effectively as follow -up to landowner mailing. If the
landowner is not interested in any long -term securement options, then the Land Securement
Officer can help educate /inform them on the various LSRCA stewardship programs that may be of
interest to them and arrange follow -up discussions if desired.
8.3 Drop -Ins
On occasion staff may visit target areas and drop in on properties for sale or properties that are
ecologically significant in order to engage the landowner in the securement or stewardship
program. This is a necessary action for landowners who are unreachable via the telephone or who
have unlisted contact information.
8.4 Scheduled Site Visits
Once a landowner is contacted and they express some interest in the program, a site visit or
landowner visit can be scheduled. This may not include a site walk of the property but would
involve a detailed discussion of the initial landowner package that was sent to them. At this time,
more information can be provided to the landowner about the potential options available to
them. It is always stressed to the landowner that they need to seek personal legal and financial
advice before making any decisions related to the sale or donation of all or a portion of their
property.
8.5 Landowner Leads
This involves taking leads provided by landowners, various conservation organizations and
municipalities. These will be followed up after discussion with the hand off individual or agency on
the appropriate follow -up steps as outlined above.
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9.0 PROGRAM FUNDING
In the past five years there have been various funding opportunities that the LSRCA has been able
to utilize. Given the current economical outlook, these funding opportunities are anticipated to be
significantly reduced over the next several years. Previous funding sources have included the
Symons bequest (almost fully utilized), Lake Simcoe Conservation Foundation (limited given
current fund raising priorities), the Ontario Heritage Trust Natural Spaces Land Acquisition
Program (October 2010 last funding round - LSRCA 1 application), Ontario Ministry of Natural
Resources — Greenland Program (No longer available), Ducks Unlimited Canada (funds significantly
utilized, primarily for waterfowl habit), Durham and York Regions funds are still available
(40 %/50% respectively) however, these are budget dependant and are available to other
organizations as well (i.e., TRCA, CLOCA, KRCA).
The purchase of fee simple interests, easements and receiving land donations is dependent on the
LSRCA's ability to raise funds and requires that only the most suitable lands available through
donation, purchase, easement or other arrangement may be secured in any given year.
9.1 Costs
Over the past 5 years the LSRCA has acquired 387 hectares of land (fee simple) and 190.38
hectares in conservation easements. For the fee simple acquisitions the average property size was
approximately 20 ha (50 ac.), with average acquisition costs of about $60,000 including; land and
all other associated costs. For the conservation easements the costs have been nominal as one
was completed by the Oak Ridges Moraine Land Trust and two were initiated by the Nature
Conservancy of Canada and completed by the LSRCA and therefore the LSRCA was only partially
responsible for the project costs. The average cost to complete these easements was
approximately $10,000 each. Note the project costs do not include LSRCA staff time.
Based on the actual land securement funding over the past five years and the Natural Heritage
System Land Securement Project goal of 500 to 750 hectares, it is anticipated that a budget
allocation of between $350,000.00 to $500,000.00 /year would be required to achieve this goal
over the next five years for a total of budget of between $1,750,000 and $2,500,000 for the
project period.
The costs associated with the land securement program include; land costs, legal, appraisal,
survey, environmental audits, demolition and property clean up, land transfer tax, interest
charges, fencing, site securement, administration, other related costs and applicable taxes. These
expenditures will be supported based on the funding opportunities available through the various
programs and partnerships outlined below.
9.2 Funding Alternatives
The following outlines a variety of potential funding sources for land securement. Table 1 lists
various agencies and project parameters.
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9.2.1 Municipal Funding
The conservation of lands benefits all municipalities within the jurisdiction of the LSRCA by
maintaining their ability to accommodate the natural functions and features of the ecosystem and
providing open space for the enjoyment, health, and well being of all residents. The conservation
of the natural heritage system including issues related to the quantity and quality of water is of
benefit to the people of the entire region and will contribute positively to the quality of life for
future generations.
Where appropriate, as land securement opportunities present themselves, upper and lower tier
municipalities would be consulted to determine if there is any funding available to support the
securement initiative.
Currently, the Region of York has in place a Land Securement Working Group that provides an
opportunity for area municipal, agency and other key stakeholders to network and discuss land
securement activities and priorities. This is an important forum for sharing approaches and
avoiding duplication of efforts and resource utilization. The LSRCA is a member of this working
group. York Region also provides funding for land securement initiatives within York Region
through their Greenlands Property Securement Strategy and initiatives are reviewed on a case by
case basis given annual funding allocation.
The Region of Durham has created a land acquisition policy titled "Durham Region Land
Acquisition Policy for Conservation Authorities, 2007" for the acquisition of greenlands in the
Region of Durham. It sets out environmental and financial criteria and is only available to
Conservation Authorities subject to project approval and annual funding allocation.
9.2.2 Provincial Funding
Over the past 5 years the LSRCA has been successful in obtaining funding from provincial programs
that have been made available to Conservation Authorities and the land trust community for the
securement of natural heritage lands. These have involved funding through the Natural Spaces
Land Acquisition and Stewardship Program (ending 2011, funding applications October 2010) and
the Ontario Ministry of Natural Resources Greenlands Program in conjunction with the Nature
Conservancy of Canada (Involved two rounds of funding opportunities in 2007, program closed).
These programs provided up to 50% funding for securement and stewardship projects.
The LSRCA will continue to participate in provincial funding programs as they are available.
9.2.3 Land Sale Funding
Generally, the LSRCA does not endorse selling off conservation lands and currently does not have
any plans to do so. Where revenues are realized through the sale of any surplus lands or land
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required by municipal or other government agency for infrastructure or other public projects, and
where the LSRCA received the necessary approvals to allocate the funds to land securement, these
monies will be applied to properties identified as suitable for securement through the land
securement project. In the case of trade lands, properties that do not contain environmental
features would typically be sold with the proceeds being directed to the land securement
program.
9.2.4 Federal Funding
In the 1960's under the Plan for Flood Control the LSRCA received funding from the Federal
Government for the acquisition and construction of flood control structures. This project was
funded 37.5% by the Federal Government, 37.5% by the Province and 25% by the Municipality. It
is proposed that the LSRCA approach the Federal Government for support and funding of this
project.
Over the past several years the LSRCA has been successful in obtaining funding for land
securement through DUC, a portion of these funds are dollars that were provided by the Federal
Government ($250 million - $225 million to the NCC and $25 million to DUC) for the securement
of ecologically significant lands in Canada. The NCC had limited project areas in the LSRCA's
watershed that could utilize these funds, however, NCC has recently expanded their Happy Valley
Project area to include the Pottageville Swamp area which would allow the LSRCA to access these
NCC federal funds (maximum 50 %). DUC has been the LSRCA's largest financial supporter over the
past five years followed closely by Durham Region.
9.2.5 Partner Funding Support
The Lake Simcoe Conservation Foundation (LSCF) provided $50,000.00 in 2005 towards land
securement within the Beaver River Wetland Project area. As securement opportunities arise the
LSCF will be approached to provide funding for individual and specific opportunities for the
securement of natural heritage lands within LSRCA's jurisdiction.
In addition to the LSCF, other potential funding agencies include the NCC, Oak Ridges Moraine
Land Trust, Ontario Nature (formerly the Federation of Ontario Naturalists), Ontario Heritage
Trust, Ontario Ministry of Natural Resources and our municipal partners. Some of these programs
are currently inactive but could be resurrected in the future. With the assistance of the
Foundation and other potential funding partners it is anticipated that the solicitation of donations
of money and land can be maintained or significantly increased.
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Table 1: Potential Funding Partnerships
Organization
Project Parameters
Lake Simcoe Conservation Foundation (LSCF)
Potential funding for specific projects on a case by
case basis subject to individual funding requests.
OMNR /NCC — Greenlands Program
Based on projects that support biodiversity and
species at risk.
Potential funding 1:1 matching for specific projects
on a case by case basis.
OMNR /OHT— Natural Spaces Land Acquisition
Potential 1:1 matched funding for specific projects
and Stewardship Program (NSLASP)
on a case by case basis - focus provincially
significant feature protection.
Wildlife Habitat Fund
Potential 1:1 match funding for specific projects on
a case by case basis — focus on wetland habitat
acquisition /securement for waterfowl species.
Oak Ridges Moraine Foundation (ORMF)
Specific projects within the ORM Plan Area.
(Provincial)
Friends of the Greenbelt Foundation (Provincial)
Potential funding for activities that have multiple
benefits that link ecological enhancements with
economic, educational or cultural components.
Ontario Land Trust Alliance (OLTA)
Through the Environment Canada stream of
Ontario Land Trust Assistance Program (OLTAP)
funding CA's can access $1 -61K for securement
related costs.
Upper Tier Municipalities (York, Durham and
Potential funding for specific projects on a case by
Simcoe County)
case basis (i.e., York Region - focus on tree cover
restoration, linkages).
Local Municipalities
Potential funding for specific projects on a case by
case basis (i.e., focus public access, community
related projects).
Private Sector Funding
TD Canada Trust - Friends of the Environment.
Industry (i.e., Aggregate Producers)
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90.0 LAND DISPOSITION POLICY
Generally, the LSRCA does not endorse the sale of lands containing provincially significant
features. However, through the process of securing lands through fee simple purchase, donation
or bequest, the LSRCA may receive lands that contain none or only portions of ecologically
significant features. Also, through the ongoing refinement of the natural heritage system to be
undertaken by the Watershed Development Division and updated master plans for the LSRCA's
existing land holdings (where funding permits), lands may be identified as surplus due to limited or
no ecological significance. Further, some dispositions may be initiated at the request of a
municipality or other government agency as part of specific project requirements (i.e. roads, road
widening, water and sewer lines).
Note that on October 25, 2010, Bill 68; - the Open for Business Act — received Royal Assent. The
Ministry of Natural Resources had proposed changes to four statutes administered by the Ministry
through Bill 68 including amendments to the Conservation Authorities Act. The amendments to
the Conservation Authorities Act were to add clarity and streamline the approvals process for
certain land dispositions among other matters.
a) Previously, any disposition of land by a Conservation Authority where the property was
acquired with funding under Section 39 of the Conservation Authorities Act, Ministerial
approval was required prior to the transfer of rights (fee simple /easement) to the recipient
municipal or government agency. Under the recently adopted changes, the authority shall not
sell, lease or otherwise dispose of the land under Clause 21(1)(c) under the Authority's objects
without the approval of the Minister (Section 21(2)) except if,the disposition is for provincial
or municipal infrastructure and utility purposes;
b) the province, the provincial agency, board or commission affected by the disposition or the
municipal government, agency, board or commission affected by the disposition has approved
it; and
c) the authority informs the Minister of the disposition.
In circumstances where a land disposition is initiated by a municipal or provincial agency for
infrastructure and utility purposes, the LSRCA as directed by the MNR, will continue to submit the
standard information package as per MNR's current Policies and Procedures for the Disposition of
Conservation Authority Property to the Director, Integration Branch. This information will be
reviewed by MNR staff and the Director will confirm in writing whether it meets the requirements
of Subsection 21(2) and does not require Minister's approval.
If accepted, no further information will be required and the LSRCA will be notified by MNR that
Minister's approval is not required. If it is determined that Ministers approval is required, then
Ministry staff will use the information submitted by the CA as the basis for preparing the request
for approval to the Minister.
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In the event that lands are recommended for disposition, the following requirements would apply:
10.1 That all surplus lands be offered "as is ".
10.2 That land proposed for use for transportation, infrastructure, utilities or other routine
public purposes identified by a municipality or lands identified through an individual
Environmental Assessment or Class Environmental Assessment will be disposed of at fair market
values. Where a municipality or public agency requests the disposition of Conservation Authority
lands, all costs associated with the transfer of title or easement (i.e., legal, appraisal, survey and
administration costs) will be the responsibility of the requesting agency. If a property appraisal is
required, it will be commissioned by the Conservation Authority and paid for by the requesting
agency.
10.3 That a staff report be prepared detailing the technical concerns of the disposition, the
environmental significance of the lands, potential impacts of the disposition, any mitigation
requirements associated with the lands and remaining Conservation Authority land holdings. The
proponent may be required to prepare an environmental review documenting the above noted
matters. The scope of this assessment will be determined in consultation with LSRCA staff, agency
staff and /or their consultants prior to any work being undertaken.
10.4 That the proposed disposition of land first be offered to the local municipality and the
region or county within which the lands are located for either purchase or lease. Where lands
have been acquired through a donation or bequest of lands that do not contain environmentally
significant lands and the owner has given permission for the Conservation Authority to use or
dispose of the lands as the Conservation Authority desires, the staff report outlined in 10.3 may
not be required. This will be determined at the discretion of the Board.
10.5 When the disposition involves any lands where the Ministry of Natural Resources (MNR)
provided funding for the acquisition of the subject lands, that the proposed disposition be
circulated to the Ministry for approval as outlined in MNR's Policies and Procedures for the
Disposition of Conservation Authority Lands unless as exempt under Section 21 (2) of the
Conservation Authorities Act as amended (October, 2010), in which case the Minister will be
informed of the disposition.
10.6 That all land sales generally be appraised at market value by an Accredited Appraiser
Canadian Institute (AACI). The sale may be subject to conditions to ensure that the Conservation
Authority's objectives are met (i.e., site restoration, replacement of site infrastructure such as
fencing, gates or signage). Where an appraisal of land value is required, the appraisal will be
commissioned by the Conservation Authority. Lands with an anticipated value of less than
$25,000.00 may not require a full appraisal at the discretion of the Board.
10.7 Generally, where lands are donated to the Conservation Authority, the donor (i.e., family
or municipality) who donated the property will be given first right of refusal for the property or
requested for consent to sell unless otherwise stated in the terms of the donation or bequest.
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11.0 RECOMMENDATIONS
11.1 That the Conservation Lands Division set a goal to secure 500 to 750 hectares of
ecologically sensitive land by 2015. This goal will also be identified in subsequent updates to
various LSRCA corporate documents including the; Strategic Plan, Business Plan and Divisional
Work Plans.
11.2 That the existing Land Securement Committee continues to review the land securement
initiatives and obtain approval from the CAO and Board of Directors prior to proceeding with
securement initiatives.
11.3 That staff implement the new appraisal report procedures requiring land donors to pay
all or part of the upfront costs of the appraisal report. The landowner will be reimbursed in the
event that the transfer of the property is completed. The Board has the discretion to waive this
requirement in special circumstances.
11.4 That staff continue to work with our funding partners to secure financial support for the
LSRCA's Land Securement Program and to work with government and non - government agencies
to identify and foster new funding partnerships.
11.5 That staff follow the revised land disposition policies as set out in Section 10.0 of the
report which, under certain circumstances, eliminates the requirement to obtain Ministers
approval for a disposition of land obtained with MNR funding under Section 39 of the
Conservation Authorities Act.
11.6 That the Conservation Lands Division request that Watershed Management undertake
Phase 2 of the Natural Heritage System to identify restoration, enhancement areas and refine the
land securement strategy prior to the next update to the Land Securement Project in 2015.
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APPENDICES
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APPENDIX 1
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APPENDIX 1
ENVIRONMENT CANADA - ECOLOGICAL GIFTS PROGRAM
The Ecological Gifts Program enables owners of property with sensitive natural features to
preserve wildlife habitat. Ecological Gifts are qualified charitable land donations that generate
enhanced income tax benefits. Donations of fee simple title and partial interests, including
conservation easements, are eligible. In many scenarios the landowner can continue to hold title
and /or live on the land.
In Ontario, to qualify as Ecological Sensitive, land must satisfy at least one criteria from an 'A' List
of Specific Categories of Qualified Lands and one or more from a 'B' List of General Criteria for
Other Ecologically Sensitive Lands (see below).
Gift recipients include land trusts and other conservation charities, and government agencies
chosen by donors and approved by the federal government. Donors of ecogifts receive a donation
receipt for the fair market value of the gift.
Ecological gifts (ecogifts) receive tax treatment that is superior to most other charitable gifts.
Ecogift tax advantages include:
• eliminated taxable capital gain on the disposition of the property
• no income limit for calculating the tax credit /deduction
• donation value certified by the Government of Canada
• tax liability for donees that do not protect the gifted land
The process of making an ecological gift is relatively straightforward. The donor will basically have
two steps to complete that include providing: (i) information to support the evaluation of the land
as ecologically sensitive, and (ii) an appraisal of Fair Market Value by a qualified appraiser along
with a signed Application for Appraisal Review and Determination. The donor and recipient will
generally cooperate on the application to confirm that the property is qualified as ecologically
sensitive. The recipient will also often help the donor arrange for the appraisal of fair market
value.
For more information you can visit the Ecological Gift website at:
http://www.on.ec.gc.ca/wildlife/ecogifts/ecogifts-e.htmi
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Provincial Ecosensitivity Criteria — Ontario
A) Specific Categories of Qualified Lands
Lands, easements or covenants relative to such lands, which fall into one or more of the following
categories shall be deemed to be ecologically sensitive lands in Ontario. This is provided terms of
easements or covenants regard and protect the ecologically sensitive features of the land.
Al. Significant portions of the habitat of federally or provincially listed species at risk,
including endangered or threatened species, or species of special concern;
A2. Areas designated as Provincially Significant Wetlands;
A3. Provincial or regional Areas of Natural and Scientific Interest;
A4. Designated Areas of Concern for biodiversity purposes as identified in Forest Management
Plans;
AS. Lands that are registered under the Conservation Land Tax Incentive Program;
A6. Areas that are registered under the Managed Forest Tax Incentive Program that are
managed for wildlife habitat conservation purposes under an approved Managed Forest
Plan;
A7. Areas promoting the conservation of natural heritage and biodiversity that are identified
within a regional or watershed plan or strategy developed by a recognized conservation
organization;
A8. Areas designated as a World Heritage Site for biodiversity conservation purposes, a core
area of a UNESCO Biosphere Reserve, or a Wetland of International Importance under the
Ramsar Convention;
A9. Areas of biodiversity significance identified in a Canadian Heritage Rivers Management
Plan or Strategy;
A10. Areas designated in the Niagara Escarpment Plan as an Escarpment Protection Area or an
Escarpment Natural Area;
A11. Areas designated as Natural Core, Natural Linkage, Sensitive Hydrological Feature, High
Aquifer Vulnerability, Significant Landform, Minimum Areas of Influence or Minimum
Vegetation Protection Zones within the Oak Ridges Moraine Conservation Plan;
Al2. Areas designated Core Area, Corridor or Restoration Area in the Lake Ontario Greenway
Strategy. Criterion Deleted from the Ecological Gifts Program 2009.
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A13. Areas designated for biodiversity conservation purposes within Management Plans or
Strategies for the Trent - Severn or Rideau Waterways;
A14. Areas within a municipal official plan or zoning by -law under the Planning Act (Ontario)
designated as an Environmentally Sensitive Area, Environmentally Significant Area,
Environmental Protection Area, Restoration Area, Natural Heritage System or other
designation for similar purposes that are compatible with the conservation of the
biodiversity, ecological features and functions of the site;
A15. Areas within or adjacent to a Provincial Park, Provincial Park Reserve, Conservation
Reserve, Conservation Area, Wilderness Area, Provincial Wildlife Area, National Wildlife
Area,Migratory Bird Sanctuary, National Park, National Park Reserve or Ecological or
Nature Reserve managed by a government or non - government agency;
A 16, Municipal Parks or other protected areas designated or managed for biodiversity
conservation purposes. Criterion Deleted from the Ecological Gifts Program 2009.
A17. Areas identified as Carolinian Canada sites or Carolinian core natural areas and corridors
as designated by the Big Picture, natural area mapping program;
A18. Areas designated as Core Natural Area, Natural Area Buffer, Natural Area Link, or Valued
Ecosystem Component in the National Capital Greenbelt Master Plan by the National
Capital Commission; and
A19. Areas designated for biodiversity purposes by regional agencies such as the Niagara Parks
Commission, St. Clair Parkway Commission, St. Lawrence Parks Commission and the
Waterfront Regeneration Trust,
B. General Criteria for Other Ecologically Sensitive Lands
Lands, easements or covenants relative to such lands, that meet one or more of the following
general criteria may also be considered to be ecologically sensitive lands in Ontario — subject to
the approval of the federal Minister of the Environment or a person delegated by the Minister for
this purpose (the term "significant" for the purposes below refers to definitions provided in
Provincial Policy Statements): This is provided terms of easements or covenants regard and
protect the ecologically sensitive features of the land.
B1. Significant habitats such as alvars, prairies, cliffs, Great Lakes coastal habitats, old growth
forest areas, glacial relic communities and sites with enduring geological features that
contribute to biodiversity;
62. Areas of wildlife concentration such as bat caves, snake hibernacula, heronries, deer
wintering yards and sites used by migratory water birds and other species for seasonal
staging, feeding, breeding and like purposes;
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B3. Areas identified, designated or protected as ecologically significant or ecologically
important by a government or non - government local, provincial, national or international
system or body;
B4. Significant water bodies, rivers, streams, shorelines, valleys, wetlands, groundwater
recharge areas, headwaters and aquifers;
B5. Significant wildlife or fish habitats;
B6. Significant woodlands;
B7. Areas that have significant current or potential for enhanced ecological values through
restoration, remediation, management or geographic proximity to other ecologically
significant properties;
B8. Natural buffers and adjacent lands around areas identified under other ecologically
sensitive lands categories or criteria that contribute to the conservation of biodiversity;
B9. Natural links or corridors between areas identified under other ecologically sensitive lands
categories or criteria that contribute to the conservation of biodiversity;
B10. Areas used for long -term scientific study or baseline and benchmark monitoring of
biodiversity; and
B11. Areas that contribute to Canada's environmental heritage through the maintenance of the
genetic diversity of species, ecosystem health, or landscape biodiversity, and other natural
spaces of significance to the environment in which they are located.
The categories and criteria listed above, for the purposes of implementation of provisions in the
Income Tax Act for ecological gifts, have been agreed to by representatives of the Governments of
Ontario and Canada. This list and criteria may be further elaborated and amended by agreement
between Environment Canada and the Ontario Ministry of Natural Resources.
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APPENDIX 2
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APPENDIX 2
CONSERVATION LAND TAX INCENTIVE PROGRAM (CLTIP)
The Conservation Land Tax Incentive Program (CLTIP) was established in 1998. It is designed to
recognize, encourage and support the long -term private stewardship of Ontario's provincially
significant conservation lands. It provides property tax relief to those landowners who agree to
protect the natural heritage values of their property. The current tax relief offered is a 100 per
cent tax exemption on the eligible portion of a property.
Eligible Lands
While large areas of Ontario are still in a natural state, only lands identified by the Ministry of
Natural Resources as provincially significant are eligible for this program. The eligible types of land
are:
1. Provincially Significant Wetlands
2. Provincially Significant Areas of Natural and Scientific Interest (ANSI - Earth and Life
Science)
3. Habitat of Endangered Species
4. Land designated as Escarpment Natural Area in the Niagara Escarpment Plan
5. Community Conservation Lands as specified under Section 25(3) of Ontario Regulation
282/98 of the Assessment Act, 1990.
5.1 The land is designated as an escarpment protection area in the Niagara
Escarpment Plan under the Niagara Escarpment Planning and Development Act
R.S.O. 1990.
5.2 The land is located within a Featured Area and contributed to the natural heritage
protection objectives established for the Featured Area as set out in the "Ontario
Living Legacy Land Use Strategy, July 1999 ", published by the Queen's Printer.
5.3 The land is a natural heritage feature or area that meets the criteria of the natural
heritage provisions of the Provincial Policy Statement as issued and re- issued
under section 3 of the Planning Act. R.S.O. 1990
5.4 The land is identified by the Minister of Natural Resources as a regionally
significant area of natural and scientific interest using the criteria set out in the
Ministry of Natural Resources document entitled "A Framework for the
Conservation of Ontario's Biological Heritage ", dated May, 1980, or in the Ministry
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of Natural Resources document entitled "A Framework for the Conservation of
Ontario's Earth Science Features ", dated October, 1981.
5.5 It is a habitat of species that is listed as a special concern Species in Schedule 4 to
Ontario Regulation230 /08 (Species at Risk in Ontario List) made under the
Endangered Species Act 2007.
5.6 The land is identified as having species occurrences or ecological communities
with an S -Rank designation of S1 -S3, as determined by the Natural Heritage
Information Centre of the Ministry of Natural Resources.
5.7 The land is designated as a natural core area, natural linkage area or countryside
in the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine
Conservation Act 2001.
5.8 The land is a natural heritage area identified within a regional or watershed plan
or strategy developed by a conservation authority under the Conservation
Authorities Act R.S.O. 1990 or by another public agency under another provincial
or federal statute.
5.9 The land is designated as an environmentally sensitive area, environmentally
significant area, environmental protection area, natural heritage system or
another area with an equivalent designation within a municipal official plan or
zoning by -law under the Planning Act R.S.D. 1990.
5.10 (a) The land is within, abuts or abuts a road allowance that abuts a provincial
park, national park, conservation reserve or provincial wildlife area and
contributes significantly to the natural heritage objectives of the park, reserve or
wildlife area.
(b) Despite paragraph 5.10 (a), no part of the land that is more than 1,000 metres
from the boundary of the park, reserve or wildlife area is eligible to be classified as
eligible conservation land.
5.11 The land is an area identified under the Great Lakes Wetlands Conservation
Action Plan described in the "Great Lakes Wetlands Conservation Action Plan
Highlights Report (2000- 2003) ", published by Environment Canada.
CLTIP does not provide tax relief for buildings or other improvements and associated land.
CLTIP is not a land acquisition program. Participating landowners retain full ownership and
property rights.
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APPENDIX 3
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APPENDIX 3
LSRCA Land Securement Criteria
Criteria
Tax Exempt
Meets Ecogift
LSRCA
(i.e., CLTIP)
Requirement
Potential
Securement
Priority Areas:
Provincially Significant Wetlands
Yes
Yes
Yes
Areas of Natural and Scientific Interest
(Earth Science - Provincial)
Yes
Yes
Yes
Areas of Natural and Scientific Interest (Life
Science - Provincial)
Yes
Yes
Yes
Habitat of Endangered Species (Ontario
Endangered Species Act)
Yes
Yes
Yes
Community Conservation Lands:
Natural Heritage Features or Areas
Yes
identified in the Provincial Policy Statement
If appropriately
(PPS).
designated in
Yes
municipal
Yes
side in the ORMCP
Official Plans
Yes
Yes
Designated Escarpment Natural or
and Zoning By-
Escarpment Protection in the Niagara
Escarpment Plan
laws.
Yes
Yes
Regionally Significant ANSI's.
Yes
Yes
Yes
Habitats of species of special concern
designated by MNR (species at risk).
Yes
Yes
Yes
NHIC species occurrences or ecological
communities (51, S2, 53).
Yes
Yes
Yes
Designated Natural Core, Natural Linkage or
Country
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side in the ORMCP
Yes
Yes
Yes
Designated Escarpment Natural or
Escarpment Protection in the Niagara
Escarpment Plan
Yes
Yes
Yes
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Criteria
Tax Exempt
Meets Ecogift
LSRCA
(i.e., CLTIP)
Requirement
Potential
Securement
Natural heritage areas identified within a
regional or watershed plan or strategy by a
Yes
Yes
Yes
CA under the CAA
Lands designated environmental protection
or equivalent in municipal Official Plans.
Yes
Yes
Yes
Areas within or adjacent to protected areas
(i.e., provincial park) that contribute to the
natural heritage objectives of the protected
Yes
Yes
Yes
area.
Other criteria as may apply under the CLTIP
program requirements.
Subject to
Yes
Yes
Certification
Lands adjacent to existing LSRCA holdings
Subject to
Yes
Yes
Certification
Previously identified LSRCA property
acquisitions
Subject to
Yes
Yes
Certification
Secondary Priority Areas:
Lake Simcoe Waterfront
Subject to
Subject to
Yes
Certification
Certification
Wetlands
(Not of Provincial Significance)
Subject to
Yes
Yes
Certification
Significant water bodies, rivers, streams,
shorelines and valleys
Subject to
Yes (PPS)
Yes
Certification
Groundwater recharge and discharge areas
Subject to
Yes
Yes
Certification
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Criteria
Tax Exempt
Meets Ecogift
LSRCA
(i.e., CLTIP)
Requirement
Potential
Securement
Significant wildlife or fish habitats
Subject to
Subject to
Certification
Certification
Yes
Regional Flood Plain
(flood and erosion risk)
Subject to
No
Yes
Certification
Significant Woodlands
Subject to
Yes (PPS)
Yes
Certification
Areas with enhanced ecological values
through restoration and /or remediation
Subject to
(i.e., forest, stream, wetland)
Certification
Yes
Yes
Natural buffers adjacent to lands that
contribute to other ecologically sensitive
Subject to
Yes
Yes
lands
Certification
Connections /Corridors /Features identified
by Natural Heritage Programs or Watershed
Plans that contribute to conservation or
Subject to
Yes
Yes
biodiversity
Certification
Lands under Forest Management Plans
(designated areas of concern for
Subject to
Yes
Yes
biodiversity)
Certification
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Criteria
Tax Exempt
Meets Ecogift
LSRCA
(i.e., CLTIP)
Requirement
Potential
Securement
Significant wildlife or fish habitats
Subject to
Subject to
Certification
Certification
Yes
Regional Flood Plain
(flood and erosion risk)
Subject to
No
Yes
Certification
Significant Woodlands
Subject to
Yes (PPS)
Yes
Certification
Areas with enhanced ecological values
through restoration and /or remediation
Subject to
(i.e., forest, stream, wetland)
Certification
Yes
Yes
Natural buffers adjacent to lands that
contribute to other ecologically sensitive
Subject to
Yes
Yes
lands
Certification
Connections /Corridors /Features identified
by Natural Heritage Programs or Watershed
Plans that contribute to conservation or
Subject to
Yes
Yes
biodiversity
Certification
Lands under Forest Management Plans
(designated areas of concern for
Subject to
Yes
Yes
biodiversity)
Certification
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REFERENCES
Friends of the Greenbelt Foundation Occasional Paper Series, Sara J. Wilson, 2008, Lake Simcoe
Basin's Natural Capital: The value of the Watershed Ecosystem Services.
Government of Ontario, Conservation Authorities Act, R.S.O. 1990, c. C27.
Government of Ontario, Conservation Land Act, R.S.O. 1990, c. C28.
Government of Ontario, 2002, Oak Ridges Moraine Conservation Plan.
Government of Ontario, 2005, Greenbelt Plan.
Government of Ontario, 2006, Places to Grow: Growth Plan for the Greater Golden Horseshoe.
Government of Ontario, 2007, Provincial Policy Statements.
Government of Ontario, 2009, Simcoe Protection Plan.
Government of Ontario, 2010, Open for Business Act.
Lake Simcoe Region Conservation Authority, 2007, Natural Heritage System for the Lake Simcoe
Watershed, Phase 1: Components and Policy Templates.
Lake Simcoe Region Conservation Authority, 2008, Integrated Watershed Management Plan.
Lake Simcoe Region Conservation Authority, 2009, LSRCA's Business Plan 2009 -2013.
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The Premier
of Ontario
Legislative Building
Queen's Park
Toronto, Ontario
M7A 1A1
May 24, 2011
12f) - Correspondence dated May 24, 2011 f...
Le Premier ministre
de I'Ontario
Edifice de I'Assemblee legislative
Queen's Park
Toronto (Ontario)
M7A 1 Al
His Worship H.S. Hughes
Mayor
Township of Oro - Medonte
148 Line 7 South
PO Box 100
Oro, Ontario
LO L 2X0
Dear Mayor Hughes:
MAY 2 7 2p11
07 -1 7--MFD`s:?,N—F'.'
Ontario
Thank you for your letter of May 9, informing me of the Council of the Township of Oro -
Medonte's decision to support the resolution of the City of Oshawa. I appreciate your
keeping me apprised of the council's activities.
I note that you have sent a copy of your letter to my colleague the Honourable Leona
Dombrowsky, Minister of Education. I trust the minister will also take council's views into
consideration.
Mayor Hughes, thank you again for the information. I welcome council's input on this or
any other issue of provincial concern.
Yours truly,
Dalton McGuinty
Premier
c: The Honourable Leona Dombrowsky
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Proud Heritage, Exciting Future
May 9, 2011
The Honourable Dalton McGuinty
Premier of Ontario
Room 281, Main Legislative Building
Toronto, ON
M7A 1A4
Re: School Boards' Declaration of Voting Day as a Professional Activity Day
Dear Mr. McGuinty,
At its meeting on April 27, 2011 the Council of the Township of Oro - Medonte received correspondence
from the City of Oshawa regarding the above -noted matter. Council is in support of the City of
Oshawa's motion and adopted the following motion with respect to the above -noted matter:
"Be it resolved
1. That the correspondence dated April 15, 2011 from Sandra Kranc, City Clerk, City of Oshawa, re:
School Board's Declaration of Voting Day as a Professional Activity Day be received.
2. That the Township of Oro - Medonte supports the City of Oshawa's resolution, re: School Board's
Declaration of Voting Day as a Professional Activity Day which reads:
Whereas Ontario municipalities historically use schools as voting places during municipal elections; and
Whereas the Municipal Elections Act states that school boards must provide space to be used as voting
places free of any charge when requested for use by a municipality; and,
Whereas school boards are requesting municipalities provide security at schools being used on Voting
Day to ensure the safety of students throughout the entire school when only a small portion of the
school is being used as a voting place; and,
Whereas concerns regarding student safety at the school during voting hours can be eliminated if the
students are not in the school on Voting Day;
Therefore Oshawa City Council requests that the Minister of Education amend the Education Act to
declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day.
3. And That Dalton McGuinty, Premier, the Minister of Education, Garfield Dunlop, MPP Simcoe North,
Simcoe County municipalities, the Cities of Barrie, Orillia and Oshawa and the school boards operating in
the Township of Oro - Medonte be advised of Council's decision, under the Mayor's signature. "
148 Line 7 South, Box 100 P: (705) 487 -2171
Oro, Ontario LOL 2X0 F: (705) 487 -0133 www oro- medonte.ca
Page 129 of 190
12f) - Correspondence dated May 24, 2011 f...
Township of
Proud Heritage, Exciting Future
We respectfully request your consideration of Council's resolution of this matter and thank you in
advance for your time.
Sincerely,
Mayor H.S. hes
/dbb
Cc: Members of Council
The Honourable Leona Dombrowsky, Minister of Education
Garfield Dunlop, MPP, Simcoe North
County of Simcoe Member Municipalities
City of Barrie
City of Orillia
City of Oshawa
Simcoe County District School Board
Simcoe Muskoka Catholic District School Board
148 Line 7 South, Box 100 P: (705) 487 -2171
WwWOr0- medorite.Ca
Oro, Ontario LOL 2X0 F: (705) 487 -0133
Page 130 of 190
12g) - Correspondence dated May 27, 2011 f...
`G„t sr44 14th Fbor, Centre Tower
.v4r�9a 3300 Bioar Street Wast
Twont% Ontario
T S S A Canada M8X 2X4
Tel.: 416.734.3300
`ETy nuts`° Fart 416231.1626
Toll Free: 1.877.682.8772
www.tssa.org
MAY 3 0 2011
May 27, 2011
OH0- i` ✓IEi70NTE
TOWNSHIP OF ORO- MEDONTE TOWNSHIP
148 LINE 7 SOUTH
ORO ON
LOL 2X0
ATTN: ROBIN DUNN, CAO
Hazard Distance Information for Filling Plant/Container Refill Centre at 1490 HWY 11 SHANTY BAY ON
LOL 21-0 CA
THE HITCH HOUSE INC
Licence Number: 0023569001 -C
Reference Number: 507804
Dear Robin Dunn,
In accordance with the changes made to the rules under the Planning Act, filed December 15, 2009, and
the Technical Standards and Safety Authority's (TSSA) Advisory FS- 162 -09, we are enclosing an aerial
map showing the hazard distance information that has been submitted as part of the propane operator's
Risk and Safety Management Plan (RSMP). The RSMP has been accepted by TSSA.
Should you have any questions or require further assistance, please contact a Customer Service
Advisor at 1.877.682.TSSA (8772) or e-mail customerservices @tssa.org. We will be happy to assist you.
When contacting TSSA regarding this file, please refer to the Reference number provided above.
Yours truly,
Andrea Samad
TSSA Intake and Licensing
Tel: 416.734.3587
Email: propanel!censing @tssa.org
ENCLOSURES
Putting Public Safety First
Page 131 of 190
12g) - Correspondence dated May 27, 2011 f...
Location: Con 2 PT Lot 11
Prepared: April 19, 2011
1000 USWG Horizontal Tank
Tank Setbacks: Front setback — 144m (Hwy 11)
Right setback — 119m
Back setback — 59m
Left setback — 146m
Radius: 198m
GPS Coordinates: Latitude — 44.446272
Longitude — 79.616743
Municipality: Municipality of Oro - Medonte
Municipal Contact: Robin Dunn CAO
Address: PO BOX 100, Oro, ON LOL 2L0
Page 132 of 190
12g) - Correspondence dated May 27, 2011 f
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Page 133 of 190
13a) - Correspondence dated May 18, 2011 f...
0
PInformation and Privacy
Commissioner of Ontario
Commissaire a ('information
at a la protection de la vie privee de I'Ontario
May 18, 2011
Mr, Doug Irwin
Director of Corporate Services
Township of Oro - Medonte
P.O. Box 100
148 Line 7 South
Oro, ON LOL 2X0
Dear Mr. Doug Irwin:
Re: Notice of Order MO -2624
Appeal Number MA10 -267
Your File A17 -40116 v -002
My inquiry into the above -noted appeal has been completed.
Enclosed please find the order which disposes of the issues raised by this appeal.
Thank you for your co- operation in this matter.
Yours truly,
Frank DeVries
Adjudicator
Enclosure
Tribunal Services Department Services de tribunal administratif Tel: 416- 326 -3333
2 Bloor Street East 2, rue Bloor Est 1 -800- 387 -0073
w��w'/jJ1l Suite 14DO Bureau 1400 Fax/Te1ec:416- 325 -9188
Toronto, Ontario Toronto (Ontario) TTY: 416 - 325 -7539
;® Canada M4W 1A8 Canada M4W 1A8 www.ipc.on.ca
Page 134 of 190
P
t a *s
MGM
13a) - Correspondence dated May 18, 2011 f...
Information and Privacy
Commissioner of Ontario
Commissaire a ['information
et a la protection de la vie privee de I'Ontario
ORDER MO -2624
Appeal MA10 -267
Township of Oro- Medonte
Tribunal Services Department Services de tribunal administratif
2 Bloor Street East 2, rue Bloor Est
Suite 1400 Bureau 1400
Toronto, Ontario Toronto (Ontario)
Canada M4W 1A8 Canada M4W 1A8
Tel: 416- 326 -3333
1 -800- 387 -0073
Fax/Te I ec: 416- 325 -9188
TTY: 416- 325 -7539
www.ipc.on.ca
Page 135 of 190
13a) - Correspondence dated May 18, 2011 f...
NATURE OF THE APPEAL:
The Township of Oro - Medonte (the Township) received a request under the Municipal Freedom
of Information and Protection of Privacy Act (the Act) for access to a specified mediation
briefing package relating to the Township and the Nottawasaga Valley Conservation Authority
(NVCA). The request indicated that the package was submitted by the Township to the Mining
and Lands Commissioner in preparation for a mediation meeting held on a specific date in 2009.
In response to the request, the Township located and granted partial access to the responsive
records. The Township then stated:
Access is denied to the "Executive Summary" portion of the document pursuant
to section 12 [solicitor- client privilege] of the Act....
The appellant appealed the Township's decision.
Mediation did not resolve this appeal and it was transferred to the inquiry stage of the process,
where an adjudicator conducts an inquiry under the Act. I initially sent a Notice of Inquiry
identifying the facts and issues in this appeal to the Township, and received representations in
response. I then sent the Notice of Inquiry, along with a complete copy of the representations of
the Township, to the appellant, who also provided representations in response.
The appellant's representations set out the reasons why, in his view, the document at issue ought
to be disclosed. As a result, I decided to send a Reply Notice of Inquiry, along with a complete
copy of the representations of the appellant, to the Township. The Township was invited to
address the issues raised in this appeal, in light of the appellant's representations. In addition,
the Township was asked to specifically address the issue of whether it properly. exercised its
discretion to claim the section 12 exemption in this appeal. In response, the Township provided
reply representations to me.
RECORD:
The record at issue in this appeal consists of a 19 -page "Executive Summary" document.
DISCUSSION:
SOLICITOR- CLIENT PRIVILEGE
The Township submits that section 12 of the Act applies to the record. Section 12 reads:
A head may refuse to disclose a record that is subject to solicitor - client privilege
or that was prepared by or for counsel employed or retained by an institution for
use in giving legal advice or in contemplation of or for use in litigation.
Section 12 contains two branches as described below. To rely on this exemption, the Township
must establish that one or the other (or both) branches apply.
[IPC Order MO- 2624/May 18, 20111
Page 136 of 190
13a) - Correspondence dated May 18, 2011 f...
-2-
Branch 1 derives from the first part of section 12, which permits the Township to refuse to
disclose "a record that is subject to solicitor - client privilege ".
Branch 2 derives from the .second part of section 12 and it is a statutory exemption that is
available in the context of institution counsel giving legal advice or conducting litigation. The
statutory exemption and common law privilege, although not necessarily identical, exist for
similar reasons.
The Township takes the position that the record qualifies for exemption under the litigation
privilege aspect of branch 2 of the exemption in section 12.
Branch 2: statutory privileges
General Principles
Branch 2 is a statutory exemption that is available in the context of counsel employed or retained
by an institution giving legal advice or conducting litigation.
Statutory litigation privilege
Branch 2 applies to a record that was prepared by or for counsel employed or retained by an
institution "in contemplation of or for use in litigation."
Termination of litigation does not affect the application of statutory litigation privilege under
branch 2. [Ontario (Attorney General) v. Ontario (Information and Privacy Commission, Inquiry
Officer) (cited above]
Branch 2 includes records prepared for use in the mediation or settlement of actual or
contemplated litigation. [Liquor Control Board of Ontario v. Magnotta Winery Corporation,
2010 ONCA 681.]
Loss of Privilege
The application of branch 2 has been limited on the following common law grounds as stated or
upheld by the Ontario courts:
• waiver of privilege by the head of an institution (see Ontario (Attorney
General) v. Big Canoe, [2006] O.J. No. 1812 (Div. Ct.)) and
• the lack of a "zone of privacy" in connection with records prepared for use in
or in contemplation of litigation (see Ontario (Attorney General) v. Big
Canoe, [2006] O.J. No. 1812 (Div. Ct.)).
IIPC Order MO- 2624/May 18, 20111
Page 137 of 190
13a) - Correspondence dated May 18, 2011 f...
-3 -
Representations
The Township takes the position that the record qualifies for exemption under the litigation
privilege aspect of branch 2 of the exemption in section 12. It relies on the recent decision of
Magnotta, cited above, in which the Ontario Court of Appeal found that branch 2 includes
records prepared for use in the mediation or settlement of actual or contemplated litigation. The
Township reviews both the Court of Appeal decision and the earlier Divisional Court decision in
some detail, and then reviews the requirements for the application of the section 12 exemption as
it pertains to the record at issue. The Township argues that (i) the record was prepared by
counsel employed or retained by the institution, and (ii) that the record was prepared "in
contemplation of or for use in litigation." The Township states:
First, the Township submits that the Disputed Record was prepared largely by the
[named] law firm as counsel retained by the Township ... [and] the first
component of branch 2 is satisfied.
The Township argues that second component of branch 2, regarding whether the
Disputed Record was prepared in contemplation of or for use in litigation, is also
satisfied on the basis of the Ontario Court of Appeal's decision in Magnotta.
The Township then reviews the Magnotta decision, and argues that although that decision dealt
with section 19 of the provincial Freedom of Information and Protection of Privacy Act, that
section is similar to section 12 at issue in this appeal, and the principles of the Magnotta decision
apply to the fact situation in this appeal as well. The Township then states:
The Magnotta case involved a request under [the provincial act] for the complete
record of a mediated settlement between the LCBO and Magnotta Winery
Corporation, The LCBO granted partial access to the requested information but
claimed it was exempt from producing certain records based on section 19 of [the
provincial act]....
... The Court of Appeal confirmed that documents prepared for mediation
constitute records prepared for use in litigation and that settlement privilege is
included in the second branch of the exemption.
The Township then refers to the specific record at issue in this appeal, and states:
In [this appeal], the Disputed Record was created for use in a consensual
mediation between the Township and the NVCA that was administered by the
Mining and Lands Commissioner (MLC). This arose as a result of the statutory
avenue of appeal found in Section 8 of the Conservation Authorities Act R.S.O.
1990, c. C.27, which permits a municipality against which a levy is made to
appeal, in certain circumstances, to the MLC.
[IPC Order MO- 2624/May 18, 20111
Page 138 of 190
13a) - Correspondence dated May 18, 2011 f...
-4-
While the mediation between the Township and the NVCA arose in the course of
a statutory appeal, rather than in the course of civil litigation, the Township
submits that the underlying rationale for including mediation in the meaning of
litigation remains relevant....
The Township also provides representations supporting its position that the privilege under
branch 2 of section 12 has neither been lost nor waived. With respect to the issue of the possible
loss of privilege by termination of litigation, the Township refers to the fact that termination of
litigation does not affect the application of statutory litigation privilege under branch 2. [Ontario
(Attorney General) v. Ontario (Information and Privacy Commission, Inquiry Officer) (cited
above], and states:
On this basis the Township maintains that the exemption under branch 2 of
section 12 of [the Act] endures despite the fact that the litigation, i.e. the appeal of
NVCA levy, for which the Disputed Record was created to be used in, has come
to an end. We note that though the Township's appeals to the MLC have been
withdrawn, the parties are attempting to implement the settlement reached at the
mediation for which the Disputed Record was prepared.
The Township also provides representations in support of its position that privilege under branch
2 of section 12 has not been lost through waiver. It reviews the differences between the common
law privilege and branch 2 privilege, and also states:
In addition ... the Township relies upon the decision in Magnotta to support its
claim that it has not lost privilege by providing the Disputed Documents to either
the NVCA or the mediator during the course. of the mediation process. In
Magnotta, the parties shared documents prepared for mediation, including briefs,
with the mediator and 'each other without any subsequent loss of privilege. The
Township asserts that it is not logical in this instance that the mere exchange of
documents in the course of a mediation before the MLC would constitute waiver
of privilege by either of the parties.
Lastly, the Township argues that the privilege is not lost due to a lack of a "zone of privacy" in
connection with the record. The Township states:
... the Disputed Record falls within a reasonable "zone of privacy" as required by
Ontario (Attorney General) v. Big Canoe, [2006 80 OR (3d) 761] .... In [that]
case, the Divisional Court found that simple correspondence between counsel
during the course of litigation did not fall within this zone and that it was
reasonable in the circumstances for the adjudicator to require their release.
However, in Magnotta the Ontario Court of Appeal contrasted such
correspondence with documents prepared by, or delivered to, counsel to assist
with mediation and settlement discussions as part of the litigation process. The
Court subsequently identified the mediation documents as clearly falling within
the reasonable zone of privacy.
[IPC Order MO- 2624/May 18, 2011]
Page 139 of 190
13a) - Correspondence dated May 18, 2011 f...
-5-
The appellant provides representations in which he argues that section 12 does not apply to the
record. With respect to whether litigation privilege applies, the appellant states:
There is no longer any litigation as the Township has withdrawn its appeal. Staff
of [the Township] and the [NVCA] are co- operating on a Memorandum of
Understanding to define their continuing working agreement.
Analysis and Findings
I have carefully reviewed the record at issue and the representations of the parties. For the
reasons that follow, I find that the record is exempt under branch 2, which is a statutory
exemption that is available in the context of counsel employed or retained by an institution
giving legal advice or conducting litigation.
The Ontario Court of Appeal decision Magnotta, cited above, found that records prepared for use
in the mediation or settlement 'of litigation are exempt under the statutory litigation privilege
aspect of branch 2 contained in the provincial equivalent to section 12 (section 19 of the
provincial act). More particularly, the Court of Appeal found that the word "litigation" in the
second branch encompasses mediation and settlement discussions. The Court stated.
Once litigation is understood to include mediation and settlement discussions, it
is apparent that the Disputed Records — both those prepared by Crown counsel
and those prepared by Magnotta — fall within the second branch and are exempt
from disclosure.
In the specific circumstances of this appeal, I am satisfied that litigation existed at the time the
record was prepared. The Township has indicated that the record was created for use in a
consensual mediation between it and the NVCA which arose as part of the statutory avenue of
appeal found in the Conservation Authorities Act. On my review of section 8 of that Act, I am
satisfied that an appeal under that section constitutes "litigation" for the purpose of branch 2 of
section 12. 1 am also satisfied that the record at issue was prepared for the purpose of
settlement of this litigation, and was prepared by, or delivered to, counsel employed or retained
by the Township to deal with the litigation.
In addition, the fact that the litigation is terminated does not affect the application of statutory
litigation privilege under branch 2. [See Ontario (Attorney General) v. Ontario (Information and
Privacy Commission, Inquiry Officer) (cited above)]
Furthermore, I am satisfied that the privilege has not been lost through either waiver or a lack of
a "zone of privacy" as a result of the record having been provided to either the NVCA or the
MLC. I agree with the position taken by the Township that Magnotta stands for the proposition
that privilege is not lost by providing the record to opposing counsel or the mediator to assist
with mediation and settlement discussions as part of the litigation process.
[IPC Order MO- 2624/May 18, 2011]
Page 140 of 190
13a) - Correspondence dated May 18, 2011 f...
-6-
Accordingly, like the records in Magnotta, I find that that the record was prepared by or for
counsel for the institution in contemplation of or for use in litigation, and is, therefore, subject to
branch 2 statutory litigation privilege. On this basis, I find the record is exempt under the section
12 solicitor - client exemption. As this exemption is discretionary, I will now consider whether
the Township properly exercised its discretion under section 12 of the Act.
EXERCISE OF DISCRETION
The section 12 exemption is discretionary, and permits an institution to disclose information,
despite the fact that it could withhold it. An institution must exercise its discretion. On appeal,
the Commissioner may determine whether the institution failed to do so.
In addition, the Commissioner may find that the institution erred in exercising its discretion
where, for example,
• it does so in bad faith or for an improper purpose
• it takes into account irrelevant considerations
• it fails to take into account relevant considerations.
In either case this office may send the matter back to the institution for an exercise of discretion
based on proper considerations (Order MO- 1573). This office may not, however, substitute its
own discretion for that of the institution (section 43(2)).
Relevant considerations
Relevant considerations may include those listed below. However, not all those listed will
necessarily be relevant, and additional unlisted considerations may be relevant (Orders P -344,
MO- 1573):
• the purposes of the Act, including the principles that
o information should be available to the.public
o individuals should have a right of access to their own personal
information
o exemptions from the right of access should be limited and specific
o the privacy of individuals should be protected
• the wording of the exemption and the interests it seeks to protect
• whether the requester is seeking his or her own personal information
[IPC Order MO- 2624/May 18, 20111
Page 141 of 190
13a) - Correspondence dated May 18, 2011 f...
-7-
• whether the requester has a sympathetic or compelling need to receive the
information
• whether the requester is an individual or an organization
• the "relationship between the requester and affected persons
• whether disclosure will increase public confidence in the operation of the
institution
• the nature of the information and the extent to which it is significant and /or
sensitive to the institution, the requester or any affected person
• the age of the information
• the historic practice of the institution with respect to similar information.
Representations
In his representations, the appellant identifies a number of factors which he believes should have
been considered by the Township in exercising its discretion in this appeal. One of the factors
referred to by the appellant is the fact that there is no longer any ongoing litigation, as the
Township has withdrawn its appeal. The appellant also points out that the Township and the
NVCA are co- operating on a Memorandum of Understanding to define their continuing working
agreement and that, given the nature of the parties involved in this matter, disclosure would serve
to provide transparency in government. The appellant states:
The Township and the NVCA are publically funded bodies and all of the monies
being spent in this dispute are public funds. Accordingly, the public has a right to
all information which illustrates how public funds are spent, as well as the goals
and objectives of these organizations in protecting our lives, property, and the
environment.
In the Township's representations on the exercise of discretion, it states that it considered the
factors set out above, including the general principles of the Act, and that information should be
accessible to the public and that exemptions from the right of access should be limited and
specific. In addition, the Township refers to the Divisional Court decision in Magnotta (above),
which discussed the difference between litigation privilege and settlement privilege as it pertains
to the duration of the privilege. The Township refers to that court's statement that an important
consideration in determining common law settlement privilege is "where discussions have led to
a settlement, the litigation has resolved, but an argument arises over the terms of the settlement."
The Township then states:
In regard to the matter the [record at issue] applies to, .the parties involved have
not yet resolved their disputes regarding the terms of the settlement reached at the
mediation for which the [record at issue] was prepared (contained in a
[IPC Order MO- 2624/May 18, 20111
Page 142 of 190
13a) - Correspondence dated May 18, 2011 f...
-8-
Memorandum of Understanding) or its implementation. The heart of the dispute
between the parties is not yet resolved ....
... the resolution of the matters at issue between the parties involved in the
mediation for which the Disputed Record was prepared is not complete. It is not
appropriate that the Disputed records, subject to solicitor - client and settlement
privilege, be released.
In addition, the Township states that it considered the principle of the Act that information should
be accessible to the public, and exemptions should be limited and specific. It refers to the fact
that certain records were supplied to the appellant, but not the record at issue, and states:
The Township supplied the contents of the mediation brief itself, which were all
public records — it appropriately exercised its discretion and only withheld access
to that part of the document which contained confidential and privileged
information.
On my review of all the circumstances in this appeal, I am satisfied that the Township has not
erred in exercising its discretion not to disclose the record, as it has not done so in bad faith or
for an improper purpose, nor has it taken into account irrelevant considerations or failed to take
into account relevant ones. I also find that a particularly relevant factor is that, although the
litigation is resolved, the resolution of certain issues addressed in the mediation for which the
record was prepared is not complete.
Accordingly, I find that the record is exempt under section 12 of the Act.
I uphold the decision of the Township, and dismiss the appeal.
May 18, 2011
Frank DeVries
Adjudicator
[IPC Order MO- 2624/May l8, 2011]
Page 143 of 190
13b) - Correspondence dated May 16, 2011 f...
HORSESHOE
RESORT
May 16, 2011
The Honourable Harry Hughes
Mayor, Township of Oro - Medonte
147 Line 7 South
Oro, Ontario
LOL 2X0
RE: Canada Day Weekend Celebrations N 2011
Dear Mayor Hughes,
j IUN 0 1 2011
j ORC)- MEDONTE
Please accept this as an invitation to you, your staff and their families to join us at
Horseshoe Resort to celebrate the birthday of our great nation on Friday July 15t
Canada Day festivities begin at 9:00 a.m. on July 1St and continue throughout Canada
day weekend. The singing of our national anthem and a gala fireworks display will take
place at approximately 10:00 p.m. on Canada Day. We would be honoured to have you
attend and say a few words and assist us with the cutting of Canada's birthday cake at
7:30 p.m. on July 1St
As in the past, the Township of Oro - Medonte has generously contributed to our Canada
Day celebrations. I respectfully inquire as to the availability of funds this year to help
with this enormous venture, which in past years has brought approximately 5,000 local
residents and guests to our great area. We would be presenting and advertising this
event jointly with the Township to over 10,000 homes in the local area. A response at
your earliest convenience would be greatly appreciated.
We are looking forward to this annual celebration and hope you will attend and
participate in the fun!
Sincerely,
Kevin Toth
President & Chief Operating Officer,
Skyline Hotels & Resorts
C.C. Gil Blutrich, President & CEO, Skyline Investments
1101 HORSESHOE VALLEY ROAD -COMP 10, RR #1, BARRIE, ONTARIO, CANADA L4M 4Y8
TORONTO DIRECT: (416) 283 -2988 BARRIE, ORILLIA, MIDLAND: (705) 835 -2790
EMAIL: moil @HorseshoeResort.com FAX #: (705) 835 -6352 WEBSITE: www.HorseshoeResort.com
Page 144 of 190
13c) - Correspondence dated April 27, 2011
Ukrainian National
Federation of Canada
Toronto Branch
Members of Council
Township of Oro - Medonte
148 Line 7 South
Oro, ON
LOL 2X0
RE: Request for Noise By -Law Exemption - Summer 2011
Dear Members of Council:
YKpalHCbKe Hagi0HaJ1bHe
06'EA,HaHHFI KaHaA"
Oin1A TopoHmo
Wednesday, April 27, 2011
1 N�
JUN 0 ? 2011
")PC) CiJNTE
On behalf of the Ukrainian National Federation - Toronto Branch we are writing to request the following
exemptions to the township's noise by -law during the summer of 2011. This year, as in the past we will
be organizing three celebrations which will include an evening dance at our Lake Side Pavilion. As is our
current policy, the OPP will be engaged for "Paid- Duty" security at each of these events.
Event Details
1) July 2nd 2011, Ivana Kupala (St. John The Baptist) Celebration
a. Exemption Requested to 1AM
b. Band will be instructed to reduce volume at 11:30PM
c. All set up will be facing away from the lake towards UNF Forested Lands.
2) August 6`h 2011, Sports Weekend
a. Exemption Requested to 1AM
b. Band will be instructed to reduce volume at 11:30PM
c. All set up will be facing away from the lake towards UNF Forested Lands.
3) September 3rd 2011, Back To School Dance
a. Exemption Requested to 1AM
b. Band will be instructed to reduce volume at 11:30PM
c. All set up will be facing away from the lake towards UNF Forested Lands.
Should you have any questions or concerns to please feel free to contact us at any time via the contact
information provided at the bottom of this letter. We hope that you can move in favour of the above
requested exemptions, and we look forward to hearing from you at your earliest convenience.
Sincerely,
Slawko Borys
President, UNF Toronto Branch
145 EVANS AVENUE - TORONTO, ONTARIO - M8Z 5X8
www.unftoronto.com - infoCunftoronto.com
PHONE: 416- 253 -6002 - FAX: 416 -253 -1609
Page 145 of 190
Ukrainian National
Federation of Canada
Toronto Branch
Members of Council
Township of Oro - Medonte
148 Line 7 South
Oro, ON
LOL 2X0
RE: Sokil Subdivision - Hawkestone Ontario
Dear Members of Council:
13d) - Correspondence dated April 27, 2011
YKpaYHCbKe HaLkioHanbHe
06'EAHaHHA KaHaA"
Viffiq TopoHmo
JUN o 2 2011
Wednesday, April 27, 2011
The following letter is submitted to you without prejudice on behalf of Ukrainian National Federation - Toronto Branch.
The organization and its members were very disappointed about the way in which the township's decision to pave the
roads within the Sokil Subdivision was taken, and the process by which notification was (or more appropriately, was not
given to the organization or the other property owners of the subdivision).
While we do not agree with the paving of the roads, we do accept township's decision and we do not contest it. What we
take issue with is the fact that the township did not, in our opinion, effectively notify the residents/ property owners of
the subdivision of it's intention. 95% percent of the Sokil Subdivision and 100% of the UNF Lands are occupied seasonally,
do not receive local mail to local mail boxes, and do not subscribe to local newspapers. This is the reality of being part of
a "Cottage" community. It is therefore unreasonable for the township to use these methods as an effective way of
notifying, residents (tax payers) of intended changes to their neighbourhood, especially changes which are as significant
as road paving.
Furthermore, the property owners of Sokil are all part of a Property Owners Association, it is a condition of residence in
the subdivision, and the organization communicates with it's members effectively. Up until this point, the UNF and the
Property Owners Association were of the opinion that both organizations had a good working relationship with the
township, council and township staff. It is therefore unfortunate that neither of the organizations were contact, advised
of the changes, if for not other reason then to coordinate the work with the residents to minimize disruption, but also,
more importantly to keep the members abreast of the changes pending in their community.
It is our hope that in future, Council can instruct Township Staff to keep the communication likes with the UNF and the
Property Owners Association open, and that all of us can work together towards the common betterment of our
community.
For the information of council the organizations can be contacted by the following means:
Sokil Property Owners Association
145 Evans Ave
Toronto, Ontario
M8Z5X8
Dmytro Badiwsky - President
416 - 918 -2411
tushavC@hotmail.com
Sincerely,
lawko Borys - President
UNF Toronto Branch
Ukrainian National Federation - Toronto Branch
145 Evans Ave
Toronto, Ontario
M8Z5X8
Camp Sokil Management Committee
416- 253 -6002 Ext 2
info@unftoronto.corn
145 EVANS AVENUE - TORONTO, ONTARIO - M8Z 5X8
www.unftoronto.com - info@unftoronto.com
PHONE: 416 - 253 -6002 - FAX: 416 - 253 -1609
Page 146 of 190
13e) - Correspondence dated May 13 and 31,...
BRATTY AND PARTNERS, LLP
rid !i A K K E ti l" 1': I7, ti AN" ti (�> t..l (; 1 ' ➢' l) If .';
PLILASF. RF:;I ERA 10
rlirnrt Lind.
[� ax NIIMLUi'.
May 13, 2011
VIA FAX NO. 1- 705 -487 -0133
Andria Lee
Director of Planning
Township of Oro- Medontcl
10,O. Box 100
Ora, Ontario
LOL 2X0
Dear Madam:
PAU1_ MILRRICK
(905) 760 -7.600 Ext,231
TF;;RESA URSOMARZU
(94 ) 7601 -2600 F. A-3GS
(906) 764 - 2900
Re: Modco Investments Ltd.
'Part of Block D, Plain M -8, designated as fart 1 on Plan 51R -37175 and
(Part of Block A, Plan M -9, designated as Part 1 on Flan 51 R -37479
Township of Oro-Medonte
our Pile No. 203166 — .. -.1111,11 ......
We are the solicitors for Modco Investments Ltd., who is purchasing the above -noted properties from
Indian Park Association.
"The Township of Oro- Medonte (the "Township,) has registered a blanket easement over all of the above
lands, a copy of which is enclosed. As you know, our client will be building houses on he above two lots
which the "Township has approved.
We understand that the Township does not have any interest since these lands were subdivided. As such,
would the Township be propared to execute a Release and Abandonment of Easement , which we will
prepare and register at our cost?
Wn enclose herewith copy of an authorization from Indian Park association authorizing the removal of the
easements on the above lots,
Your early reply would be appreciated.
Yo ors very, rul
BF ND RTNPRS, LLP
r
PM1tu
Enclosures
....
7551 Kode,StftOt, Suite 700 vaugharl, Ontario L4K 1Y2 1' 94!;- 7GU- :7Ci0] 1 945 -7GO 2900 www fA y. corn
Page 147 of 190
13e) - Correspondence dated May 13 and 31,...
INDIAN PARK ASSOCIATION
c/o 4570 Penetanyui5hene Road
Hillsdale, Ontario LOL 9VO
Office: (705)835 -3000
email: indparkassoc „ xlalgrraetcram
March 16, 2O11
llndria I,.e }igf7, M ,IP, RPP
Director of Buifd ng & Planning
Township of Or - Merdonte
148 Liner 7 south
Oro, Ontario
LOL 1X0
Dear Ms, Leigh-,
Re. Indian Park Association w "Lot #2” & "Lot #14"
Please accept tTs IetWr as authorization for Modco Homes, car 'lny one of their
representatives try act as our agent, to deal with the r8mov al of the easements on
the above -noted Lots,
ResDectfu
Michel - ,, 'sulliva 1
P esidont for the
Indian Park Asso iation
Page 148 of 190
13e) - Correspondence dated May 13 and 31 1...
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Page 149 of 190
13e) - Correspondence dated May 13 and 31 ....
05/1312011 09:40 FAX BRATTY & PARTNERS IA005/008
I. A[ -t
. ... .. ....
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Page 150 of 190
13e) - Correspondence dated May 13 and 31,...
Scheduie
r+n�rn XVY,'„r'r
fbr,., s —Lund Itn;Y'�t.aunn Ilelo.rt. rune ..
r,�u¢rrtY Idc nlf:M.(nl anN�r 4tna1' 1.1lo�rYlnlWn
hnx- l,'.Gr'.,L.- ._.Nrrw r:?s�,cnmrnp:
The 'Crnn..fcxrnr dcla:a hurcby r3te..nt, c❑nvuy ra,rd trn.a:ater Unto
tIle Trltn!efvrec, :it,; ,uc:rreaer❑r:,: and au:ai.gnu, the right and
tL2SWtternt in, ovC.d,,, dl,oizg, upoil, undo iana thxoui�h the ianda
lftorf *. partirlilarl,y dc:scr.i.bcd in not: `; hereof (-th(- 'Tract')
lax rk wnFex styatcro incl:zdlftg t.bu right, to lay dawn,
cnrlatrtict' QFe7':ede, :n:11Y1:'= L1.i.h, i.nipact, .al,t"g,
�;-esvove, rc'#PI1YCi:, t4Cnn {:,ta uct, ZCP81V oi- UtC U !;UCli wgtCr
3y3tcm as may bQ nxc u,i,.rod. by the: Tran:F£erea, including
without limitation all', ouch structures, egvipment and
tyF,1S�.r, to >_ty:znr.C:: a.,I lnzly I-x, rA1 ,+,=eonary, Uf,,,.f _ Qr COnvL °nannnt 1_n
ronix,cr -ion taa,th or incidental. to Lhc right granted. heezr : in.
2. Fti,_tlhtt�n�- .��gYnatet nnflmF'.cjrra: =',rt
Wo5etber With the a_�,ght; Of ?.ngrc:s:l and rngrm' -: to, from, in
and ov €9r the Tract for itnelf, its 2AC:Zv llt:l, agent3,
contxactr5zs, l;ub -Coll tractors with or without va:h;Lc1e3,
macltihcry and equipulunt for all purpoucu, UZQ�Ul or
convene ent; i,rt enrltlt- eticazl with or i.ne:i,denrril to tba exe=.x*L
and enjoyment of the right and ca:aetnent i�crein rITanted and
trannferred mn and Liam the date Hereof and continulnrj in
p(axptty ity _
3. '�'rttn�t {. C._?SY�d;f_•riC7n3
T7101 niorPna;i.d ria jlht 4;l4t +,a;;reAWlt iu hQECin grazrttcd rand
granZ f CrrCd Oft Sthr` f;03„1,OW5.E19 t"E'X.MD
The Trall•SfnraXr u2l�_11,1 haVC;, th(f right Wly 'Lo u:9 t: held
enjoy V_Ltu 7'raC;t inQlluding, without llinitatio{t_
ri.gilt t:.p eri7st TUCt :,iurh wn,r'j4:, {a3 thL
TYtxn:s.'c:ror may be- Qbl, gated to coTwtzumt pursuant
to any F+ zcerr it oz- Undertaking � vc.,n to the
(2} provided, howcvcr, that withtout t,hn prior w,t>,ttieji
consent of the TransfeFCe Lhe Trrinsfezoz :shall
not rafter comtxuction of tho- workc�, ma,movc or
pCIZ —Mi, C. to hQ rnOoVr_ld, ally Uuii 'roM thO TZELCt,
Ilor shall the_. Tr mufcror cn^ mdvate, drill,
iWita'll, ert,•.Ct or rzcrriit to bua excavabvd,
dYil7cad, inz;tnk.lE,d nr orQCcted oat, aver, Upon,
under, or th-' ugh the Sweet, call pit, well,
iollndaticrr, pav(117cnt, buildiYtn, tre:u,
other ntructur {e or inntrallptx,on.
b}
The rlyl;antw t 'ri2f- pnrtonA q and o b:iLrvY .ng' rho cotroY a;vt;;
and caxtdit an:s on :i.tss. Part to be czbnerverci artd
pertozx od, .!loll and may perracc;aba,y hold and cinjoy the
righ.'t, Glad L'aael4e?i1t herrJ,n granted. and tk.ansfe trod
Without 3ilndranre, molentation OF in LF`Z'i>•1F ?T..LOn on rbe
part of the Tzttnui'rror nr of any pezoon claint.tng by,
t3ssnvgh, under ar zn lot: tFxc. Trant{�'rrnr.
c)
LOA, ln:l tlnru,:nr yyh:s
Thf, 'I.'za' =1'.r`rcar w;.1..i, .i.L ,,o rugllentcd by 'tranu,(eg4=e,
rlunit fUrt1'u:r and vthcy- dumllTlrnt3 ol' tL'ztlu and
n €tuus_cinc -cr: in reul]tct U;" Tract n.: may he x:egni, z.ite
:hod such docuracnt� trrnl,2. ,, px:mpr�t,cca
at thin 1^>c tcn�sc of
Page 151 of 190
13e) - Correspondence dated May 13 and 31,...
Scvledule
I�rSrtn 5 -.., f_pf+d Pi�loxfnPgn Isair,rm ASS 11jj
Ay[U714nn1 I'rv{wrtr Ida Ml(lar {R7 end/.r oil-, InlwrnlNlnn
d) [ on[li.7::l,On
The Trnnn erCe COv": rI' nt:s ;rttcr the rrr:MZS',arn{rnnce at ally
wnrk tan tho �`rdct, t0 3 c03tory t2ie axiriacc aS thr: 'CZa t
ag far a:: practacat3,t to :ho rfmme condition ds it ways
prier to th(." ewrunnnaemt -Sit of anx work. �>Crfornluj by 'Lho
Ak1 Nati.cc3 to be r .5ivon hartio,nde *^ mny bo rli,vc A by
xerdistercd gutter ndd;co3nCjd t:Q:
Transtc^ror at: R.R. #4, Coldwater., Ont., S.Px 2?Q
Tran;;fOrda tit. p•o. nox 100, oro, Orltaxxa, LDL
7xQ
or ;'such oche *A t;ddresr: a3 thc-r Transfezez° azid this
Tran9£eroC MAY zcespcctivcly irnm ti= to t-im� de-:lignate
in wrztirig, and any such Notice .:hall bt: deRMCed to have
been 9 ,von to and rocuivQd by the addre330e threo (3)
days niter V_bf � thane -of, poo tncje pzapuid and
re-g i.1tczed .
P f nvrtnnnT•s Rvnnzn. W, r q T r^ 7.nn,_
aj Th<2 tight lxnd r.txacincnt hr- .=c-in grained and trnnsl:arrud,
and tha burden horo.ilx ::rot forthr vhrz]_Z brx v�- the ntxms:
orcc: and offact: to a],l, i,31'tcxlt8 =d plirpoac.3 &a a
cavonant rumling with the * -- Tract •
5. }wntcl_rr'xOY;s Arid 3sa a_n_..
inderrtnre, inc].cid:,ng all the^ cove *_nantu and CQridi.t3.vrl5
hr3zuin c01:tdkYSCd, -shaaJ. Qat' end tQ, 3se'bindirrq ut7p:x and, ezxrx,rc
to Lhu bandit nt each and all QS the heirs, executara,
( rtS]ni- ri�'3tx't:l'k;;[']:L':r, ;3uOCe_:5:50r:J ^iTh- tktj -c, A"d a,`.Y:#ir 71.S.i 01: -GAEL'
p.lrti43 h()rc;tQ rFSUPE.7CtiVL" "wj` APd WhC:r( -_VQr 'the Si.nguJ.a.r Or
Inaticul -ine i3 x7. +e "4 in thin Indelix-ure, it 3ha. l be cony Mzucd
$.f the plurdl or the iCrn,in.iT.f_ a.- tho rrelrrtOr, 4 :3 tht C:aSu
may be, had been u2ud, Whore tho ctantcxt or tho party or
Zarrir3 hi're -tC ;ro rcguise, axtd r..ho rut -t n zent:cnce
ahAlZ 3pc3 ccnr,trncri d`u i£ th(a grammei t ica-L and tc- rm%no] ogi Cn1
changea thvlrcby rerrdcrcd I1UCLtl;] 77;]7 had bbCn Made-
�k.% tlrmc�ir ^�•,u�t.,�ad.r+%murn�r.,wa� m�, em, x�, ntzeralu; ��sv� :�rreusc.,rur:.iY:l,,'.;rl,�s :�e-u^e��:'e.7�:li8A[9ii":7�"
Page 152 of 190
13e) - Correspondence dated May 13 and 31 5...
Affidivit of Rcsidcrlcel und of VafuL of tha Ci 1puidemlbn5,
Form I — Land Tr1ra;hm 'Fax k-1
Iu 'jJJ i-vocn." 4,0.- 1. A, I, I: j C.m M-31 [Q ,,-k A, FL-N, M-11
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1,ii VfLuF7 OF 'Lt. [Wk7fZ :L, , 4�,,7s01 t-gilil, p--1 ;,rly M-.
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Page 153 of 190
13e) - Correspondence dated May 13 and 31,...
B RATTY A N D PA RTN E RS, LLP
BAKItI,SI'1:Ra' AIN11 SO LC:;I "I0R"
SOLICITOR:
Direct Lne:
PI „EAST REFER TO
Direct Llne:
E".ix Nuffib0f:
May 31, 2011
VIA FAX No. 1- 705 - 487 -0133
Andria Lee
Director of Planning
Township of Oro- Medonte
P'0. Box 100
Oro, Ontario
LOL 2X0
Dear Madam:
PAUL MERRICK
(905) 760.2600 Ext.231
TERE5A URSOMARLb
(9175) 760 -2600 E=xt.368
(905) 760 2900
Re: Modco Investments Ltd.
Part of Block D, Plan M °8, designated as Part 1 on Plan 51R- 37175 and
Part of Block A, Plan M »9, designated as Part 1 on Plan 51R -37479
Township of Oro- Medonte
Our File No. 203166
Further to our letter to you of May 13, 2011, we have prepared a Transfer Release and Abandonment with
respect to the Easement registered as Instrument No. LT354320, insofar as same affects the above -noted
lands,
We enclose herewith Acknowledgement and Direction with Transfer, Release & Abandonment attached
which we would ask you to present at the next Council meeting,
Once the Acknowledgement and Direction has been executed, would you kindly provide us with a copy of
the Acknowledgement and Direction with Transfer, Release & Abandonment attached so that we may
attend to the registration of same.
We thank you in advance for your assistance in this matter.
Yours very truly
SRATT`( q�i rN
l] P E S, LLP
Per: �:[ I
Paul Mdrtick
PMltu
Enclosure
7501 Keele Sheet, Suite 200 Ontario L4K 4Y2 T 905.760.2600 F 905.760.2900 www.bratty,corn
Page 154 of 190
13e) - Correspondence dated May 13 and 31,...
ACKNOWLEDGEMENT AND DIRECTION
TO; All lawycrc within the firm of Bratty and Partnr_rs, LLP
(Inyed l awyar' n, n )
AND TO; Any and all dc5ignees of the above
(Insert firm nnmr.)
RE: Transfer Release and Abandonrneerlt of L1-354320 IrorTa I he Corporation of the ('the transaction ")
Township of Oro- Medonte to Mcdco Investments Ltd.
._._.._ ...... ........_ ... _...._..
(Insert brief description of transaction)
This will confirm that:
0 INVe, have reviewed the information ;et out thi:i Acknowledpemon! and Direction and in the documents described below
(the "Documents"), and that this information is accurate;
You your agent or employee are ::authorized rand directod to sign, 6-.liver, andlor register electronically, on my /our behalf
the Documents in the fdrm attached.
* You are hereby ,authorized and directed to enter into an esctow ctosing sarrangement substantially in the form attached
heroin heinq ra copy of the version of the Document Registration Agreement, which appears on the wcrsbsito of the Law
Society of Upper Canada as of the dale of the Agreement of Purchase and sale herein. Me hereby acknowledge the said
Agreement has been reviowed by mr* /us and that Me ::hall be bound by its torms;
® The effect of the Documents has peen fully explained to me /us, .and I /wo undestand that IMe are parties to and bound by
the terms and provisions of the Documents to the carne extei it as; if Uyve had signed thorn; and
a /wo are in f u:t the parties named in the Documents and 11we lravo not tmi;reprrr„ented our identities to you.
® I, Not _ am the spouse of --- .. ........... , the
(Transferor /Chrargor), arid hereby consent to the transeartien described in the Acknowledgment and Direction. I authorize
you to indicate my consent on ail the Documents for which it i:.; required,
DESCRIPTION OF ELECTRONIC 00C9M NTS
The Dorumomt(s) described in tho Acknowledgernent find Direclion are the documont(s) selected below which are
attached hereto as "Document in preparation" and erg;:
Ll A Transfer of file land described above.
171 A Charge of the land described above.
EI Other documents set out in Schedule "A" attache ;dfacuc : ^.tn-- "1•ran :aLer Rau ;_case+ and Abandonnitant
Dated at Oro , this day of
WITNESS
(AS to all signatures, if required) THE CORPORATION Or Tail°. TOWNSHIP
OF ORO —MEDONTE
PUc':
Varna.:
Title:
Cr:
uamo :
Tit.1e:
/We have authority to bind the Corpor,at :i.on.
Page 155 of 190
13e) - Correspondence dated May 13 and 31,...
05/31/2011 14:58 FAX JKAIIY � FAKINLK�; 19004/005
1 RQ # :51 Transfor Rcleaase & Abandonment In preparation on 2011 05 11 at 15:32
it tits docurent hers not boon suhmillred rind may he incornplele. yyyy mm dd f age 1 of 1
Properties
PIN 74057 • 0571 LT Interr!st /[idtaaln La,ornerht ✓'. Remove Easement
Dcscnption SI;;i.1'2VI['.N'I LANDS: Pf BILK U PL M& BEINC3 PT 1 5113371 75 SUBJECT TO AN
:'ASF:MEN.I. AS IN LT354320 TOWNSI IIP 0i ()R()- Mt,UONTE
Address COLDWAI ER
PIN 74057 , 0573 L1 dert tit /FtJtllt r Easement ✓ Remove Easement
Oe ;r..nptinn PT' BLK A I "L M9 BEING PT 1 51837479 SUBJECT— TO AN EASEMENT AS IN LT354320
TOWNSHIP OF 0130- MI- DONI`51 :
CASE MEN I IN GROSS
Address COLDWATER
Consideration
Consideration $ 0,00
Transferor(s)
'The trans ;teror(,) hereby trunsfers, releases and abandon;; the onsterhenl to the Iron force(n).
Name THE CORPORATION Or THE TOWNSHIP OF ORO- MED(7NI E
Adinq as a company
Address ror Sotvies P.O. Box 100
Oro, Otario LOL 2X0
This document i, riot aaulharized under Powr;r of Atturriey by this party .
this doC.uulunt i5 boing authorized by a mumcipol corpgralion
Transferees) Capacity Share
Narne MODCOINVI: %.SIMENTSLTD.
Acting as,",] cornpariy
Addnra:7nr Snrviro ',Al Ironwood frail, R.R. #4
Goldwoter, Ontario LOK 1F0
statements
All the parties having an interest have conscntod to this r( ?IL'! ? "e of ensemerlt.
Schcdulr,: I, L ;aul Merrwk, Solicitor, stale that all partion haw g on Inlo ;t h..rve consented to this relea 5 c of r. a sorrient. This is a
romplete release of casrment LT354320 is to the above pirls.
'I H5 document r6itor, to registration no.(5)LT354320
Calculated Taxes
Provinciall,alld "J'ran:7te;r iax $0.00
Rctoil Sake; rax $0.00
Page 156 of 190
13e) - Correspondence dated May 13 and 31,...
LAND TRANSFER TAX STATEMENTS
n lire rn.attcr o(the conveyanrr. nf: 74057 0571 SERVIFNT LANDS P f lit -K D i'L MH F3[SINC3 P'T' 1 51 R37175 SUF3JECl' TO AN
L'. AS F M I:.i NT A`i IN I,., 1354.320 TOWNSHII' Of- OKO•MI- DON rl;:.i
74057 - 0573 PT RLK A I'L M9 P.3E::ING PT 1 F1 R37479 SUBJECT TO AN EASEMENT A$ IN
I.T354320 TOWNSHIP OI' ORO- MEDONTE
E.ASkMI:!:N "I" IN (..ROSS
By THE CORPORATION OF IFIL. TOWNSHIP OF ORO- MEDONTCI.
TO MODOO INVESTMENTS L7 D. %(all PINS)
1. RENE DEMART'INI
I drat
([a) A person in trust for whom the land conveyed in lire above- doscrlboti auivey ance is being conveyed;
(b) A trustee named in the above described ronw,.yanro to whom the land is being conveyed;
(c) A transferee married in the above- doscritied cony- .yarlce:
(d) r he authorized agent or solicitor acting in this lransachon for described in paragraph(c) U above.
✓' (e) i'he President, Vice - President, Manager, Socrclrary, Director, of Treasurer authorized to act for MODCO
INVESIMI'NTS LTD. described in paragraph(s) (c) above.
(f) A transferee described in paragraph ()and are, making these ,,tatrmrnnnts on my own behalf and on behalf of
who is any spouse described in paragraph (,.) and ❑s such, I have personal knowledge of Inc, facts herein
deposed lo.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
OOP
(b) Mortgjgcs (i) assumod (show principal and intereM to be credited agairist purchase price.)
0.00
(ii) Given Dack to Vendor
0.00
(c) Property transferred in exchange (detail below)
0,00
(d) Fair market value of the land(s)
0.00
(c) Licns, legacies, annuities and rnainlenance chtuqes to which transfer it; subject
coo
(Q Other valuable consideration subject to land transfer trax (dc:toil bellow)
0,00
(0) Value of land, building, fixtures and goodwill subject to land trrtnsft:r tax (total of (a) to (f))
0.00
(h) VALUE OF AIJ., CHAT'Tri.s - items of tangible personal property
0.013
(i) Other considerations for tfcttl S3Cllon not included in (g) or (h) 51bovu
0100
0) Total consideration
0.00
4.
s) other: Transfer release and abandonment for no consideration.
(7. The land is not subject la Ate cncumbranre:
PROPERTY Information Record
A. Nature of Int3tfurilen{: Treansfw Rcdeas,e & Abondoonw,d
LRO 51 Registration No. I)atr.:
B. Proporly(s): PIN 74057 -0511 Addosss Assossrnenl
COL.DWATER !Roll No
PIN 74057 - 0573 Address Assessment
(CULDWA..I ER Roll No
C. Addr(7ss for Service: 31 Ironwood Trail, IR.R. #4
Coldwater, Ontario I..OK 71:0
(i) Last Conveyance(s). PIN 74057 -0,571 Registration No.
PIN 74057 - 0573 (Registration No
(ii) Legal Description for Property Conveyed : Same are, in yes'. No ' Not known
Page 157 of 190
2- Jun -11
Mr. J. Douglas Irwin
Director, Corporate Services /Clerk
Township of Oro - Medonte
148 Line 7 south
Box 100
Oro, ON LOL2XO
Dear Mr. Irwin:
13f) - Correspondence dated June 2, 2011 f...
West Oro Baptist Church
1827 Line 4 North, RR #1
Shanty Bay, ON
LOL 21_0
(705) 726 -2366
RE: West Oro Baptist Church Cemetery - 1058 Bass Lake Side Road West
The West Oro Baptist Church Cemetery Board is seeking your assistance in order to
comply with a request from the Cemeteries Regulation Unit of the Ministry of Consumer
Services. Refer to attachment 1, letter from the Cemeteries Regulation Unit, item #1
listed in the letter.
On February 28, 2008 the Township of Oro - Medonte approved a boundary adjustment
to increase the size of the existing West Oro Baptist Church Cemetery by 0.04 ha and
re -zoned the 0.04 ha land to institutional use to permit the lands to be used for cemetery
purposes. Refer to attachment #2, Township of Oro - Medonte By -law 2008 -08,
attachment #3 Notice of Passing of a Zoning By -law and attachment #4 Declaration
letter from the Township.
By way of this letter the West Oro Baptist Church Cemetery Board is requesting a
resolution pursuant to the above -noted attachment #1, item #1 (Cemeteries Regulations
Unit) stating that the Township of Oro - Medonte approved the 0.04 ha boundary
adjustment to increase the existing size of the West Oro Baptist Church Cemetery
located at 1058 Bass Lake Side Road West, to allow for 70 new lot/graves in the
cemetery.
Please call me at 705 - 627 -4240 if you require any additional information.
Thank you for your assistance in this matter,
Michelle Mauradane
on behalf of the West Oro Baptist Church Cemetery Board
Page 158 of 190
13f) - Correspondence dated June 2, 2011 f...
Ministry of Ministere des
Consumer Services Services aux consommateurs
Consumer Protection Branch Direction de la protection du consommateur
Cemeteries Regulation Unit Unite de la reglementation des cimetieres
Ontario
5775 Yonge Street, Suite 1500
Toronto ON M7A 2E5
5775, rue Yonge, bureau 1500
Tel.: 416 326 -8393
'�'Toll-free: 1 800 889 -9768
Fax: 416 326 -8406
Toronto ON M7A 2E5
Te1.: 416 326 -8393 A
Sans frais : 1 800 889 -9768 r-1-1 04 r h
lll��' ►►►
required documentation in order for the Registrar to grant Consent. The following is
required in order to proceed with the application:
Telec.: 416 326 -8406
09 May 2011
1C�12S1 1) unicipal approval must come in the form of a by -law or-resolution passed by
Council that will specifically
Licence# 3301176
West Oro Baptist Church Cemetery Board
C/o Mrs. June Key
1440 Line 2 North
Act does not meet this requirement. The municipality must publish a "Notice of
R.R. #2
Shanty Bay ON LOL 2LO
Dear Mrs. Key:
Re: West Oro Baptist Cemetery /Consent Application Deficiencies
1, ti
Page 159 of 190
The Consent Application is being returned because our office did not receive all of the
required documentation in order for the Registrar to grant Consent. The following is
required in order to proceed with the application:
1C�12S1 1) unicipal approval must come in the form of a by -law or-resolution passed by
Council that will specifically
give the name and address of the cemetery and the
specifics of the expansion (e.g. by 0.04 ha). A zoning by -law under the Planning
Act does not meet this requirement. The municipality must publish a "Notice of
Decision" in a local newspaper with general circulation after the by -law has been
passed. A sample "Notice of Decision" is attached. Our office will require the
newspaper tear sheet for this notice to be sent in with the application.
2) The cemetery by -laws must be submitted with
all required documentation.
Attached is the procedure for submitting cemetery by -laws. Also, the following
clause or similar clause is to be inserted in the by -laws: "A burial permit or
F,-, AC',L,3
certificate of cremation must be submitted prior to an interment. "
3) A contract is to be submitted in duplicate. A sample contract was previously
he a1,*:Crlc4e � provided. The "restrictions" are to be entered on the reverse side of the contract
based on file cemetery by laws.
4) There
are foundation prices on the cemetery Price List. These fees must be sent
}�
to any monument dealer who has serviced the cemetery within the last year. Our�,,,,,
office will require the names and addresses of the
cp
monument dealers who
received the foundation fees to be sent back with the Price List. wl +I-+: le"
5)
S�n.icea
Highlight the new area on the surveyor's plan of the cemetery._v'
v�L
6) When there is less than 30 feet between the new proposed cemetery and
existing in- ground graves; the Board must place a sign that is clearly visible to
interment rights holders in the area in regard to the proposed expansion. Our
office requires a photo of the sign with the four week period of posting written on
the reverse side. Two newspaper notices must be published in the notice section
1, ti
Page 159 of 190
13f) - Correspondence dated June 2, 2011 f...
of a local newspaper with general circulation once a week for two consecutive
weeks. The newspaper notices and sign will be identical.
A sample notice for the sign and newspaper:
West Oro Baptist Cemetery
West Oro Baptist Cemetery located at 1058 Bass Lake Side Road West in Oro -
Medonte is expanding by 0.04 hectares to the northwest of the existing cemetery.
For further information, contact XXXX at (705) XXX -XXXX .
Our records indicate that the licensed owner of the cemetery is the West Oro Baptist
Church Cemetery Board and the cemetery is the West Oro Baptist Cemetery. The
application has "church" written in with the name of the cemetery. The Board will have
to give our office written direction that the name has now been changed to the West Oro
Baptist Church Cemetery in order to revise our records. The name in our records
remains West Oro Baptist Cemetery until such time that written direction is provided to
our office by the Board.
The entire Consent Application is being returned for re- submission with all remaining
documentation. Contact me directly if you have any questions.
Yours truly,
Don Fleming
Compliance Officer
Enclosures
Page 160 of 190
13f) - Correspondence dated June 2, 2011 f...
rage i of i
ARc
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDQNT'E
BY- LAW NO, 2008- 018
A By4aw to amend the zoning provisions which apply to lands within
Concession 5, West Part of Lot 5, (Former Township of tiro),
2815 lane 4 North, Township of. Oro- Medonte
(Gray 2007- ZBA -09)
WHEREAS the Council of the corporation of the Township of Oro- Madonte is
empowered to paSS By -laws to regulate the use of land psursuant to Section 34 -of the
Planning Act. R.S:C}. 1990, c.P.13;
AND WHEREAS Council deems it appropriate to rezone the lands to permit the
development of in!55tulipnal uses, in acoordarice with Section C2 of the Official Plan:
NOW THEREFORE the Council of the Corporation of the Township of Oro- Medante
h+ reby enacts as follows:
1. Schell le 'A15' to Zoaning y -la. w 97-95, as amended, is hereby further
amended by clinging the vane symbol applyiN to the land located in
Concession 5, g'u'est Part of Lot 5, in the former geograph -lc Township of Ciro,
now in the Township of Orri-Madonte, from Mineral Aggregate resource Two
(M,AR2) Zone to the InOtutional (I) Zone as shown on Schedulo 'A' attached
hereto and forming part of this 8,14aw.
2. This Sy -law shall carne into effect upon the date of passage hereof, su4ject to
the pro ^Asions of the Planning Act, as amended.
C BY -LAW READ A FIRST AND SECOND TIME THIS 27_n" DAY OF FEBRUARY,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27T" DAY OF
FEBRUARY. 200.8.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
htayrlsr, H.S. Hu has
Ctefkf d. Douglas Irwin:
http:// lf. oro- medonte .calweblink7 /ImageDisplay.aspx ?cache= yes &sessionkey =WLImage... 02/04/2008
Page 161 of 190
13f) - Correspondence dated June 2, 2011 f...
THE PLANNING ACT, R.S.O., 1990
NOTICE OF PASSING OF A ZONING BY -LAW
BY THE TOWNSHIP OF ORO- MEDONTE
TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte passed
By -law No. 2008 -018 on the 27" day of February, 2008 under Section 34 of the Planning Act,
R.S.O.. 1990 c. P. 13.
AN EXPLANATION of the purpose and effect of the By -law, describing the lands to which the
By -law applies is provided below. The complete By -law is available for inspection in the
Township office, in the Planning Department, dur'.ag regular office hours.
AND TAKE.NOTICE THAT any persc n or agency may appeal to the Ontario Municipal Board
with respect to this By -law by filing with the Clerk of the Township of Oro - Medonte, not later
than the 25"' DAY OF MARCH, 2008 a Notice of Appeal setting out the objection to the By-law
and the reasons in support of the objection, with he appropriate fee of $125.00 payable to the
Minister of Finance. Only individuals, corporations and public bodies may appeal a Zoning By-
law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated
association or group. However, a notice of appeal may be filed in the name of an individual who
is a member of the association or the group on its behalf.
DATED AT THE TOWNSHIP OF ORO- MEDOtNTE, THIS 5" DAY OF MARCH, 2008.
J. uglas Irwin
Clerk
EX?LANATORY NOTE
BY -LAW NO. 2008 -018 affects lands described as West Part of Lot 5, Concession 5, 2815 Line
4 North, Township of Oro - Medonte (formerly Township of Oro), County of Simcoe.
THE PURPOSE AND EFFECT of By -law 2008 -018 would rezone the subject lands from the order to
from Mineral permit the lands to be Agate
used for cemetery purposes that currently ex exist on Institutional 1058 Bass in
ass1Lake, Side
Road.
Page 162 of 190
13f) - Correspondence dated June 2, 2011 f...
148 Line 7 5., Box 100
Oro, Ontario LOL 2X0
Phone (705)487-2171
Fax (705) 487 -0133
www. oro -m edo nte. ca
4 "-nV_A+ 4 +
DECLARATION UNDER SECTION 34 (22) OF THE PLANNING ACT, R.S.O. 1990
I, Steven Farquharson, hereby certify that the Notice of Passing of By -law No. 2008 -018
of the Corporation of the Township of Oro - Medonte, passed by the Council of the
Corporation on the 27th day of February, 2003, was given in the manner and form and
to the persons prescribed by O.Reg. 199/96.
I also certify that the 20 day appeal period expired on the 25th day of March 2008 and
no notice of objection or request for a change in the provisions of the By -law 11,1s been
filed by any person in the Offices of the Township of Oro - Medonte.
Declared before me at the
Township of Oro - Medonte in the
County of Simcoe this 10th day of
April, 2007.
Glenn White, MCIP, RPP
A Commissioner etc.
Glenn Allen White, a Commissioner, etc,, Coun# of
Simcoe, for the Corporation of the Township of
Oro-Medonle, Expires September 25, 2010.
Steven arquharson, Junior Planner
ENV
Page 163 of 190
15a) - A By -law to Appoint Representatives...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -089
A By -law to Appoint Representatives to the
Oro - Medonte Accessibility Advisory Committee (AAC)
WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, 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 Council of the Township of Oro - Medonte appoints representatives to
various committees /organizations and technical support groups;
AND WHEREAS Council of the Township of Oro - Medonte did, on February 23, 2011,
enact By -Law No. 2011 -027, "A By -law to Continue an Accessibility Advisory
Committee ".
AND WHEREAS Council of the Township of Oro - Medonte did, on May 25, 2011, adopt
Motion No. C110525 -5 to appoint members to the Accessibility Advisory Committee.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the following public representatives be appointed to the Oro - Medonte
Accessibility Advisory Committee:
• Andrew Brierley
• Randy Hazlett
• Glen Taber
That the continued appointment of the public representatives is subject to on-
going adherence of the Township's Procedural By -law, at the sole discretion of
Council.
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF JUNE, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 164 of 190
15b) - A By -law to Appoint Representatives...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -090
A By -law to Appoint Representatives to the
Oro - Medonte Recreation Technical Support Group (RTSG)
WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, 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 Council of the Township of Oro - Medonte appoints representatives to
various committees /organizations and technical support groups;
AND WHEREAS Council of the Township of Oro - Medonte did, on March 9, 2011, enact
By -Law No. 2011 -028, "A By -law to Continue a Recreation Technical Support Group ".
AND WHEREAS Council of the Township of Oro - Medonte did, on June 1, 2011, adopt
Motion No. C110601 -4 to appoint members to the Recreation Technical Support Group.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the following public representatives be appointed to the Oro - Medonte
Recreation Technical Support Group:
• Tim Crawford
• Rick Madden
• Reta Regelink
• Tracey Rynard
• Nancy Stoddart
That the continued appointment of the public representatives is subject to on-
going adherence of the Township's Procedural By -law, at the sole discretion of
Council.
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF JUNE, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 165 of 190
15c) - A By -law to Authorize the Execution...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -091
A By -law to Authorize the Execution of an Agreement 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
(Agreement #11459)
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, the Planning Act, R.S.O. 1990, c.
P.13, the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L.24, the
Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. 1990, c. P.17,
the Dog Owners' Liability Act, R.S.O. 1990, c. D.16, the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7, contain provisions enabling municipalities to pass
by -laws;
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 states that the
powers of a municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its affairs
as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues;
AND WHEREAS the Council of the Township of Oro - Medonte have enacted by -laws to
regulate permitted activities within the boundaries of the municipality;
AND WHEREAS the Ministry of Transportation maintains computer databases
containing residential address information 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 an infraction in contravention of a municipal by -law;
AND WHEREAS the Ministry of Transportation shall permit the municipality access to
the Ministry's information subject to the terms and conditions of the Agreement;
AND WHEREAS it is deemed expedient to enter into an Agreement 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;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the Clerk be authorized to execute the Authorized Requester Agreement
(Agreement #11459) 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, attached hereto as Schedule "A" and forming part of
this by -law;
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF JUNE, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 166 of 190
15c) - A By -law to Authorize the Execution...
11459
AUTHORIZED REQUESTER
AGREEMENT
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
Page 167 of 190
15c) - A By -law to Authorize the Execution...
AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made as of the 3rd day of May, 2011 (the "Effective Date ").
BETWEEN:
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 "Requester ").
WHEREAS:
A. MTO maintains computer databases containing information pertaining to driver, vehicle and
commercial motor carrier records;
B. The Requester has submitted to MTO an application to access and use certain information
contained in such databases; and
C. MTO is prepared to permit the Requester to obtain such access, subject to the provisions of
this Agreement.
NOW THEREFORE MTO and the Requester agree as follows:
ARTICLE 1
DEFINITIONS AND SCHEDULES
1.1 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 Requester
or that are otherwise provided for in this agreement.
"Application" means the application, in the form approved by MTO, submitted by the Requester to
become an Authorized Requester.
"ARIS" 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 Requesters 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 of MTO, 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 Premises" means the premises of the Requester at which are located any of the
Requester's businesses or operations that relate to, or are involved in, the performance of the
Requester's obligations under this Agreement or the exercise of the Requester's rights under this
Agreement and which are listed in Part A -2 of Schedule "A"
"Authorized Requester" means any person or other organization 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 Use(s).
"Authorized Staff" means:
(a) employees of the Requester, and
(b) individual third party contractors (but not corporations, partnerships or other legal
entities) engaged by the Requester to perform employee -like functions,
Page 168 of 190
15c) - A By -law to Authorize the Execution...
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who need to access such Licensed Information or Passwords, in order for the Requester to use the
Licensed Information for Authorized Use(s) in accordance with this Agreement, and who are listed in
Part A -2 of Schedule "A ".
"Authorized Use" has the meaning set out in Part A -1 of Schedule "A"
"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 of MTO'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
Requester and Authorized Staff who are individual third party contractors engaged by the Requester, 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 9.2.
"Delivery Channel" means the method or system by which a Licensed Information Request is
transmitted or delivered from the Requester to MTO or by which a Licensed Information Response is
transmitted or delivered from MTO to the Requester.
"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.
"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
"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.
"Licensed Information" has the meaning set out in Part A -1 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 Requester
to MTO using a Delivery Channel specified in Part A -1 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 Requester, using a Delivery Channel
specified in Part A -1 of Schedule "A ", in response to a Licensed Information Request.
"Licensed Personal Information" means any Licensed Information that is Personal Information.
"Password" means any password, key, code or identifier assigned to a user in connection with making
Licensed Information Requests or receiving or accessing Licensed Information Responses.
"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 Requester in connection with the performance by the Requester of the Requester's
obligations under this Agreement or the exercise by the Requester of the Requester's rights tinder this
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Agreement.
"PIPEDA" means the Personal Information Protection and Electronic Documents Act (Canada).
"Pre -paid Account" has the meaning set out in section 14.2.
"Privacy Default" means a breach of: (i) any Privacy Laws; or (ii) any of the provisions of this
Agreement relating to the Requester's compliance with the Privacy Laws, including Schedule "D "; 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) PIPEDA 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.
"Records" means the records of the Requester in any format or medium, including any "record" as
defined in FOIPPA.
"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 11.2 (a)); and
(b) are listed in Part A -1 of Schedule "A ".
"Term" means the initial term of this Agreement as provided in section 3.1(a), and any renewal(s) of
this Agreement made in accordance with section 11(b).
"Warranty" means any representation, warranty or condition, express, implied, collateral or statutory.
1.2 Schedules.
The following attached Schedules form part of this Agreement:
Schedule A Specifications (Part A -1 and Part A -2)
Schedule B Employee Security Statement
Schedule C Fee Schedule
Schedule D Audit, Inspection and Review
ARTICLE 2
GRANT OF LICENCE
2.1 Grant.
Subject to the provisions of this Agreement, MTO hereby grants to the Requester a non - exclusive,
non - assignable and non - transferable licence (the "Grant ") to access and use the Licensed Information
solely for the Authorized Use(s).
2.2 Title.
The Requester acknowledges and agrees that MTO (or the Govemment 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 Information.
(a) Despite any other provision of this Agreement, the Requester 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 o£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.
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The Requester acknowledges and agrees that MTO does not warrant or guarantee the accuracy of the
Licensed Information.
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 (12) months.
(b) This Agreement shall be automatically renewed for subsequent terms of twelve (12)
months each, provided that:
(i) neither parry 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 Requester signs the form of
authorized requester agreement that MTO then requires to be signed by
Authorized Requesters;
(iii) the Requester has updated the lists of Authorized Premises and Authorized
Staff contained in Part A -2 of Schedule "A" and has reviewed and
affirmed such lists in accordance with sections 7.10 and 8.1;
(iv) the Requester has updated the information contained in the Application and
has reviewed and affirmed such information in accordance with section
12.1; and
(v) prior to such renewal the Requester 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
Inihats
4.1 Authorized Use(s).
The Requester shall access and use the Licensed Information solely for the Authorized Use(s) set out
in Part A -1 of Schedule "A ".
4.2 Changes to Authorized Use(s).
Despite Part A -1 of Schedule "A ", the Requester acknowledges and agrees that MTO shall have the
right unilaterally to amend or delete any or all of the Authorized Use(s) at any time, effective upon
written notice to the Requester setting out the applicable amendment(s) or deletion(s).
4.3 Informed Consent.
Despite the Authorized Use(s) set out in Part A -1 of Schedule "A ", if required by MTO, the
Requester 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 Records of Licensed Information Requests.
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The Requester shall maintain records that specify the following information in respect of the Licensed
Information received in response to each Licensed Information Request:
(a) date of Licensed Information Request;
(b) the identifying information used to request Licensed Information; and
(c) the business reason for requesting such Licensed Information.
4.5 Retention of Records
The Requester shall retain the records contemplated in section 4.4 throughout the Tenn and for three
(3) years thereafter.
4.6 Demonstration that Uses Authorized
Upon MTO's request from time to time, the Requester shall reasonably demonstrate that the
Requester'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 4.6 shall constitute a Privacy Default.
4.7 Data Matching and Data Profiling.
(a) Subject to the Authorized Use(s), the Requester 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
[Wanner 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 Requester had in its possession prior to
receiving the Licensed Information.
(b) Subject to the Authorized Use(s), the Requester 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.
4.8 Individuals Not to be Contacted.
The Requester 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 Use(s).
4.9 Survival.
For the avoidance of doubt, the obligations of the Requester contained in this Article 4 shall survive
the expiry or termination of this Agreement.
ARTICLE 5
CONFIDENTIALITY
Initials
5.1 Confidential Information.
Subject to sections 5.2 and 5.3, the Requester 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 ")
5.2 Maintain Confidentiality.
Without limitation to section 5.1, the Requester 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 Requester's business, and
who arc 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 Confidential Information, in whole or in part (other than Copies of Confidential
Information made by the Authorized Staff contemplated in section 5.2 (a) in the
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normal course of the Requester's business), other than as expressly stated in the
Authorized Use(s),
5.3 Disclosures Required by Applicable Law.
(a) Despite section 5.1, the Requester may, subject to sections 5.3 (b) and 5.3 (c),
disclose Confidential Information to the extent required by applicable law.
(b) If the Requester becomes compelled by applicable law to disclose Confidential
Information, the Requester may only disclose that part of the Confidential
Information that it is compelled by applicable law to disclose, and may only disclose
such Confidential Information in the manner and to the extent so compelled by
applicable law.
(c) If the Requester becomes compelled by applicable law to disclose Confidential
Information, the Requester shall notify MTO of the disclosure as soon as reasonably
possible.
5.4 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
Initials
6.1 Privacy Laws.
(a) This Agreement and the rights granted to the Requester 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 Requester Compliance,
The Requester 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 Personal Information pursuant to this Agreement. Without limiting the generality of the
foregoing, the Requester 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
Initials
7.1 Security of Confidential Information.
The Requester shall maintain the security and integrity of the Confidential Information. Without
limitation to the foregoing, the Requester shall
(a) keep all copies or partial copies of the Confidential Infomlation in a physically
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secure location to which access is restricted;
(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 -1 of Schedule
"A "; and
(d) comply with such security requirements as are from time to time specified by MTO.
7.2 Security Products.
The Requester 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 Requester shall be
responsible for establishing, monitoring and testing the Requester's own security products, tools and
procedures to ensure their adequacy.
7.3 Password Protection.
(a) Deemed to he 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 Requester 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 Requester from
disclosing Passwords to its Authorized Staffwho:
(i) need to know such Passwords in order for the Requester to obtain and use
the Licensed Information for Authorized Use(s), and
(ii) are authorized to access to such Passwords strictly in accordance with
Article 9.
7.4 Restricted Access
The Requester 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 Requester shall be
responsible to MTO for any unauthorized access to Confidential Information resulting from the
Requester's failure to meet the Requester's obligations in this Agreement (including this section).
7.5 No Exposure.
Subject to the Authorized Use(s) set out in Part A -1 of Schedule "A ", and without limiting the
generality of the restrictions or obligations placed upon the Requester 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.
7.6 Destruction of Confidential Information.
(a) Subject to sections 7.6(b) and 7.6(c) and 7.6(d), the Requester shall destroy all
copies of Confidential Information in its possession or control, upon or before the
earlier of:
(i) the expiration or termination of this Agreement for any reason;
(ii) thirty (30) days following completion or fulfilment of the applicable
Authorized Use(s) as set out in Part A -1 of Schedule "A "; or
(iii) the third Business Day after the date of suspension, cancellation or
voluntary cancellation of any or all of the Requester's accounts with MTO
or any or all of the Requester'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 Requester 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 written agreement entered into by the
Requester with MTO under which the Requester is authorized to possess and use that
Confidential Information and those records for the purposes for which they are then
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being possessed and used by the Requester.
(c) Despite section 7.6(a), the Requester 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 Information was also separately obtained by the Requester
from a third party that was not at that time under any obligation to keep
such Confidential Information confidential; or
(ii) the Confidential Information pertains to an individual who has consented to
having the Requester keep that Confidential Information (provided that
such consent is given in accordance with (and in any manner or form
required by) applicable law), or
(iii) the Requester is required by applicable law to retain for any period of time
any of the Confidential Information. The Requester 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 Requester's confidentiality, non - disclosure and security obligations in
this Agreement (including all of the Requester'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
Requester 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.
Subject to section 7.8, the Requester 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 the Requester or on behalf of the Requester
outside Canada for any time period, no matter how short.
7.8 Licensed Information That Does Not Contain Residential Addresses.
Notwithstanding section 7.7, the Requester may
(a) make Licensed Information Requests that do not contain any residential addresses
from premises of the Requester within the United States; and/or
(b) receive, store or retain Licensed Information Responses that do not contain any
residential addresses or Licensed Information that does not contain any residential
addresses at premises of the Requester within the United States.
For the avoidance of doubt, nothing in this section 7.8 shall limit the application of the Requester's
security and confidentiality obligations under this Agreement.
7.9 Authorized Premises.
Initials
The Requester shall ensure that Licensed Information Responses are received, stored and retained only
in the Authorized Premises and that all of the security and confidentiality obligations of this Article 7
are met in all Authorized Premises.
7.10 Authorized Premises Listed in Part A -2 of Schedule "A ".
The Requester covenants and wan-ants that all Authorized Premises as of the Effective Date have been
listed in Part A -2 of Schedule "A ". The Requester shall, within ten (10) days of any change in the list
of Authorized Premises, advise MTO of such change in writing or other format acceptable to MTO.
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ARTICLE 8
AUTHORIZED STAFF
8.1 Listed in Part A -2 or Schedule "A ".
The Requester 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 Requester 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 Requester as an Authorized Staff
member; and
(b) to prohibit an Authorized Staff member from accessing any Licensed Information.
8.2 Employee Training, Security Statements and Contractor Security Agreements.
The Requester shall require all Authorized Staff:
(a) when and as required by MTO, to take such training in the handling and protection
of the Licensed Information as is made available to the Requester by MTO;
(b) who are Requester employees, to enter into and comply with the Employee Security
Statement; and
(c) who are individual third party contractors engaged by the Requester, to enter into
and comply with a Contractor Security Agreement.
8.3 Authorized Staff Compliance
'rho Requester shall be solely responsible for ensuring that its Authorized Staff fully comply with the
Requester's confidentiality and security obligations contained in this Agreement. Without limiting the
generality of the foregoing, or of section 8.2, the Requester shall be solely responsible for ensuring full
compliance with the Employee Security Statement and Contractor Security Agreement by Authorized
Staff. The Requester shall indemnify and hold harmless MTO from and against any Damages that
occur as a result of any non - compliance with the Employee Security Statement or Contractor Security
Agreement by such Authorized Staff.
8.4 Retention of Original Copies
The Requester shall retain an original copy of each Employee 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 Employee Security Statement or the Contractor Security Agreement
(as the case may be) ceases to be an employee or contractor of the Requester. Upon MTO's request
from time to time, the Requester shall provide MTO with copies of all executed Employee Security
Statements and Contractor Security Agreements.
ARTICLE 9
AUDIT AND ANNUAL DECLARATIONS
taiais
9.1 Audit of Requester.
The Requester shall accommodate Audits of the Requester in accordance with the provisions of
Schedule "D ". For the avoidance of doubt, this section 9.1 and Schedule "D" shall survive the expiry
or termination of this Agreement for any reason.
9.2 Annual Declaration.
Prior to the expiry of each current Term, the Requester shall complete, sign and submit to MTO a
declaration (the "Declaration ") relating to the Requesters compliance with the obligations under this
Agreement during the previous twelve (12) months. The Declaration shall be in such form as may be
specified by MTO from time to time, and shall be executed by such officer of the Requester, or other
responsible person, as may be specified by MTO in the form of the Declaration.
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ARTICLE 10
INFORMATION TRANSMISSION
10.1 "As Requested" Basis.
Licensed Information shall be provided by MTO to the Requester 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 Requester 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.
10.2 Incomplete, Inaccurate or Corrupted Documents.
(a) If MTO reasonably suspects that a Licensed Information Request received from the
Requester was incompletely or inaccurately transmitted, or corrupted in
transmission, or not intended for MTO, MTO shall so notify the Requester. MTO
shall not respond to such Licensed Information Request until MTO has received
confirmation from the Requester of the validity and completeness of the Licensed
Information Request.
(b) If the Requester reasonably suspects that a Licensed Information Response received
from MTO was incompletely or inaccurately transmitted, or corrupted in
transmission, or not intended for the Requester, the Requester shall so notify MTO.
The Requester shall not rely upon any information until the Requester has received
confirmation from MTO of the validity and completeness of the Licensed
Information Response. If requested by MTO, the Requester shall return or destroy an
invalid or incomplete Licensed Information Response.
10.3 Deemed Authorization.
The Requester 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 10.2, each Licensed Information Request sent by the Requester to MTO
under this Agreement shall be deemed to have been duly authorized by the Requester and shall be
binding upon the Requester, unless the Requester otherwise notifies MTO before MTO responds to or
makes any use of that Licensed Information Request.
ARTICLE 11
APPLICATION INFORMATION
11.1 Warranty.
The Requester represents and warrants that all information contained in the Application is true, correct
and complete as of the date of the Application.
11.2 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 11.2 (a), the Requester shall notify
MTO (in writing 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 after the date of an amendment to any of the Supporting Documents, the
Requester 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 Requester shall provide MTO with an original or certified copy of any
Supporting Document. MTO reserves the right, upon notice to the Requester, to add
additional documents to the list of Supporting Documents contained in Part A -1 of
Schedule "A ".
ARTICLE 12
REVIEW AND RE- VERIFICATION
initials
12.1 Review and Re- Verification Annually and as Required by MTO.
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At least thirty (30) days prior to the expiry of each current Term, and at such other times during each
Term as may be required by MTO, the Requester will review and re- verify (in writing or other format
acceptable to MTO) the information contained in the Application, as such information may
subsequently have been changed in accordance with section 11.2 (a).
ARTICLE 13
AUTHORIZED REQUESTER INFORMATION SYSTEM
13.1 Electronic Requests.
If the interact has been included as a Delivery Channel in Part A -1 of Schedule "A ", MTO will
accept Licensed Information Requests from the Requester, and will provide Licensed Information
Responses in accordance with specifications set out in Part A -1 of Schedule "A" utilizing ARTS.
13.2 Password Assignment,
(a) The Requester shall, (in writing or other format acceptable to MTO), advise MTO of
those members of the Authorized Staff whom the Requester 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, MTO 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 Requester shall ensure that only Authorized Staff who log onto ARIS using the
user identification and password assigned to them by MTO (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.
13.3 Requester Equipment.
In order to access Licensed Information utilizing ARIS, the Requester shall obtain, install and test, at
the Requester's own 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 Requester acknowledges and agrees that MTO shall have no responsibility for providing technical
support, or maintenance, for any of the Requester's own systems required to access ARIS.
ARTICLE 14
FEES
14.1 Fee Schedule.
The Requester shall pay the Fees set out in the attached Schedule "C ", for obtaining Licensed
Information from MTO under this Agreement.
14.2 Pre -paid Account.
The provisions of this section 14.2 shall be applicable if the Requester has indicated in Part A -1 of
Schedule "A" that the Requester wishes to establish a pre-paid account (a "Pre -paid Account ") from
which MTO may debit all amounts owing from time to time under this Agreement, or if the Requester
is authorized under Part A -1 of Schedule "A" to obtain Licensed Information over the telephone or
through the intemet utilizing ARIS.
(a) The Requester shall complete and sign such document(s) as may be required to allow
MTO to debit the Pre -paid Account.
(b) The Requester acknowledges and agrees that MTO may only process a Licensed
Information Request where the amount remaining in the Pre -paid Account at the
time of the Licensed Information Request is sufficient to cover all of the Fees
payable for such Licensed Information Request.
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(c) The parties acknowledge and agree that the monies in the Pre -paid Account from
time to time will not be designated, earmarked or credited in favour of any Licensed
Information Request. Accordingly, at the time MTO receives a Licensed Information
Request, so long as the balance in the Pre -paid Account is sufficient to cover the
Fees payable for that Licensed Information Request, MTO may debit the Pre -paid
Account by the amount of those Fees.
(d) Upon the expiration or termination of this Agreement for any reason,. MTO shall
release to the Requester any balance remaining in the Pre -paid Account after
debiting from the Pre -paid Account all Fees and other amounts owed by the
Requester to MTO under this Agreement.
14.3 Remittance of Fees.
(a) The Requester shall remit all Fee payments under section 14.1 to MTO at the
following address:
Ministry of Transportation, Information Management Services Oversight Office,
Data Access Unit,
2680 Keele Street,
Downsview, Ontario, M3M 3E6.
(b) Fee payments shall include agreement/account numbers, and may be made by
cheque, credit card, money order or cash.
ARTICLE 15
INDEMNITY AND LIMITATION OF LIABILPPY
15.1 Indemnity.
(a) The Requester agrees to defend, indemnify 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 Requester, or
(ii) any non - compliance with Employee Security Statements or Contractor
Security Agreements by any of the Authorized Staff; or
(iii) any negligent, improper, or unauthorized use or dissemination of
Confidential Information by the Requester or by the directors, officers,
partners, employees, contractors (including Authorized Staff) or agents of
the Requester; or
(iv) inaccurate or out -of -date information contained in Licensed Information
famished to the Requester by MTO.
15.2 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) THE GOVERNMENT OF ONTARIO SHALL HAVE NO LIABILITY OF ANY
KIND TO THE REQUESTER UNDER ANY LEGAL THEORY (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR BREACH OF CONTRACT
WHETHER OR NOT A FUNDAMENTAL BREACH OR BREACH OF A
FUNDAMENTAL TERM). THIS LIMITATION OF LIABILITY IS INTENDED
TO BE, AND WILL BE CONSIDERED TO BE, EXHAUSTIVE IN SCOPE, AND
THE REQUESTER ACKNOWLEDGES THAT THIS IS THE ONLY BASIS ON
WHICH MTO HAS APPROVED THE APPLICATION AND AUTHORIZED
MTO TO ENTER INTO THIS AGREEMENT WITH THE REQUESTER.
(c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO
EVENT WILL THE GOVERNMENT OF ONTARIO BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES OR LOSSES, INCLUDING LOST PROFITS, EVEN IF THE
GOVERNMENT OF ONTARIO HAS KNOWLEDGE OF THE POTENTIAL
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DAMAGES OR LOSSES.
15c) - A By -law to Authorize the Execution...
(d) 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 Requester'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.
(e) The Requester 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 15.2(a), from any liability
contemplated in sections 15.2(b) and 15.2(e) and from any Damages or Claims
contemplated in section 15.2(d).
15.3 Survival.
The provisions of this Article 15 shall survive the expiry or termination of this Agreement for any
reason.
ARTICLE 16
DEFAULT AND REMEDIES
16.1 Events of Default.
"Events of Default" shall include any one or more of the following:
(a) the Requester becomes bankrupt or insolvent, goes into receivership, or takes the
benefit of any statute from time to time in force relating to bankrupt or insolvent
debtors;
(b) if the Requester is a corporation, an order is made or resolution passed for the
winding up of the Requester, or the Requester is dissolved;
(c) the Requester ceases to carry on business in the normal course;
(d) the Requester 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;
(e) the Requester has failed to update the information contained in the Application or
has failed to review and re- verify such information in accordance with section 12.1;
(t) there is a material degradation in the security measures (including security products,
tools or procedures) that the Requester has in place to protect the Licensed
Information from improper access, loss, alteration or destruction;
(g) the Requester commits a Privacy Default and such Privacy Default is not curable or
such Privacy Default is curable but the Requester 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;
(h) the Requester 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;
(i) the Requester fails to meet any other term or condition of this Agreement (excluding
any other default expressly referred to in this section 16.1) and such default is not
curable or such default is curable but the Requester fails to cure it within ten (10)
days of receiving notice of such default from MTO; or
(j) the Requester is, or is deemed to be, in default under any other agreement(s) with
MTO relating to access or use of any Confidential Information.
16.2 Remedies.
(a) Upon the occurrence of an Event of Default, MTO shall have the right, effective
immediately without notice, to:
(i) terminate this Agreement;
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(ii) suspend or cancel any or all of the Requester's accounts with MTO;
(iii) suspend or cancel any or all of the rights or privileges of the Requester
under this Agreement; and/or
(iv) suspend or cancel any or all of the Passwords issued by MTO to the
Requester.
(b) MTO may also pursue any appropriate administrative, civil and/or criminal remedies
for default of any of the provisions of this Agreement.
16.3 Notification of Default.
The Requester shall notify MTO in writing immediately upon becoming aware that an Event of
Default has occurred, or that any other provisions of this Agreement have been breached.
ARTICLE 17
AMENDMENTS TO THE AGREEMENT
17.1 Amendments.
The Requester acknowledges and agrees that MTO shall have the right unilaterally to amend this
Agreement from time to time including, without limitation, any of the Fees set out in Schedule "C ".
Such amendments shall become effective ten (10) days after the Requester's receipt of written notice of
such amendments (or at any later time specified in such notice).
17.2 Termination
If the Requester receives a notice of any amendments under section 17.1, the Requester shall have the
right to terminate this Agreement effective upon written notice to MTO.
ARTICLE 18
PROMOTIONAL MATERIAL
1811 Accuracy.
Any promotional or informational material disseminated by the Requester 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 18.1 shall be deemed to limit or release the Requester
from any of the confidentiality, security or privacy provisions of this Agreement.
18.2 MTO Trade -Marks and Logo.
Neither MTO's name nor any MTO trade -mark or logo may be used by the Requester without the prior
written consent of MTO.
ARTICLE 19
GENERAL PROVISIONS
19.1 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,
19.2 Non - Assignability.
The Requester 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.
19.3 Notices.
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(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 party with written notice in accordance with this
section 19.3, 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.
19.4 Waiver.
Failure of MTO to complain of any act or failure to act of the Requester, or to declare the Requester 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.
19.5 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. Except
as expressly provided in this Agreement an_d subject to section 17.1, this Agreement may be amended
or modified only by an instrument in writing executed by each of the parties.
19.6 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.
19.7 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.
19.8 French Language Clause (Quebec).
The parties hereto confirm that it is their wish that this Agreement as well as other documents relating
hereto, including notices, have been and shall be drawn up in the English language only. Les parties
aux presentes confirment leur Monte que cette convention de m @me que tons let documents, y
compris tons avis, s'y rattachant, soient rediges en langue anglaise seulement.
19.9 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 otherwise 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 otherwise provided in this Agreement, a
period of days or Business Days shall be deemed to:
(1) 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.
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orlm
(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 Paul Brown, Director, Licensing Services Branch
By:
Wilma Piovesan
Manager, Information Management Services Oversight
Office
REQUESTER:
By:
Print Name:_
I have the authority to bind the organization.
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SCHEDULE "A"
SPECIFICATIONS
Part A -1
A. Licensed Information:
PLT004 - PlateNIN by Date Abstract with Address
B. Authorized Use(s):
AU15 - Government use for program delivery where authorized by statute.
The by -laws being; Section 5.25 of By -law No. 1997 -095 - Comprehensive
Zoning By -law as amended. 2008 -030, as amended - A By -law to Regulate,
License and control animals within the Township of Oro - Medonte. 2009 -024 -
Being a By -law prohibiting or regulating within the Municipality of the
Township of Oro - Medonte the Making of Noises Likely to Disturb the
inhabitants of the said Township. 2010 -075 - Being a By -law to Regulate Signs
and other Advertising devices. 2010 -076 - A By -law to provide for maintaining
land in a clean and clear condition. Note this agreement excludes "Parking
infractions under Part 2" of the Provincial Offences Act. By -laws are enforced
only when a vehicle is used in the commission of the offence.
C. Delivery Channels:
(a) For Licensed Information Requests: Internet
(b) For Licensed Information Responses: Internet
D. List of Supporting Documents:
Security Statement, 9999 -12 -31
Reference to Legislation/By -Laws, 9999 -12 -31
Authorized Application Signor Data & Signature, 9999 -12 -31
E. Prepaid Account: Yes ( )
No (x)
F. Security Provisions and Standards:
Security Provisions: The administration offices are locked and monitored by an externally
monitored security system at night and weekends. All access doors are kept locked during
business hours with the exception of the front doors. All visitors enter through the front doors
and if they will be going beyond the main foyer they are asked to sign in and wear a visitors
tag. They are then escorted to the area of the building they are visiting and escorted out of the
building when they are finished. All hard files are kept in locked drawers. All computers with
Access to ARIS are usemame and Password protected.
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Part A -2
A. Addresses for Notice:
(a) For MTO
Information Management Services Oversight Office
Main Floor, Building "A"
2680 Keele Street
Downsview ONTARIO M3M 3E6
Attention: Coordinator, Business Information Services Unit
Telephone: (416) 246-7112
Facsimile: (416) 235 -4465
(b) For the Requester
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Physical Address:
148 Line 7 S
Oro, ONTARIO
LOL 2X0
CANADA
Mailing Address:
148 Line 7 South, P.O. Box 100 S
Oro, ONTARIO
LOL 2X0
CANADA
Attention: Mr. Douglas Irwin, Clerk
Telephone: (705) 487 -2171 x0
Facsimile: (705) 487-5569
B. List of Authorized Staff:
Mr. Robert Belsey, Municipal Law Enforcement
Mr. Douglas Irwin, Clerk
Ms. Jennifer Jermey, Records Clerk
C. List of Authorized Premises:
Account: 11459 -001
Account Contact: Irwin, Douglas (Mr.)
Physical Address:
148 Line 7 S
Oro, ONTARIO
LOL 2X0
CANADA
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SCHEDULE "B"
REQUESTER EMPLOYEE SECURITY STATEMENT 11459
Employee Name:
Division:
Position #:
1. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Requester ") 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 Requester, you may access this Information only when necessary to
perform your duties as such employee in the course of your employment, and only for the following
purposes:
AU15 - Government use for program delivery where authorized by statute.
3. 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 Requester.)
4. 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.)
5. 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 Requester); and selecting random passwords that are not
easy for others to guess.
6. 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 Requester.
I have read and I understand the security policies stated above, and will comply with them and
any other security policies issued in the future by the Requester, MTO. I understand that failure
to comply with these policies may result in disciplinary action by the Requester and /or civil or
criminal prosecution in accordance with applicable statutes.
Signature of Employee Date
Witnessed By Date
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Page 187 of 190
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Page 187 of 190
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SCHEDULE "D"
AUDIT, INSPECTION AND REVIEW
1. Right of Audit.
MTO shall each have the right, from time to time, to Audit such of the Requester's businesses and
operations as relate to or are involved in the performance of the Requester's obligations under this
Agreement, including:
(a) the Requester's security arrangements (including the Security Statements and
Contractor Security Agreements), and the Requester's books and records; and
(b) any media of, or in the possession of, the Requester that contain any Confidential
Information.
2. Timing of Audits.
The Audits contemplated in section 1 may be conducted at any time during the Requester'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
section 1.
4. Privacy Compliance.
(a) Privacy - related Audits. Without limiting the generality of section 1, MTO shall
have the right to conduct the Audits contemplated in section 1, to measure the
Requester's compliance with: (A) the Privacy Laws; (B) the provisions of this
Agreement relating to the Requesters compliance with the Privacy Laws; (C) the
provisions of Articles 4 to 8 inclusive; or (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 Requester 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 Requester from time to time, acting reasonably. However, if as a result of
any such Audit MTO has reason to believe that the Requester has committed a
Privacy Default, MTO may require such meeting to be held within one (1) Business
Day of MTO's notifying the Requester in writing that MTO wishes to hold such
meeting.
5. Performance Reviews.
(a) Audits Relating to Overall Performance. Without limiting the generality of
section 1, MTO shall have the right to conduct the Audits contemplated in section 1,
to measure the Requester'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 Requester 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 Requester 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 any of the
Requester's Authorized Premises, including the location(s) of any of the following:
(a) the Security Statements or Contractor Security Agreements, or the Requester's books
and records; or
(b) any media of, or in the possession of, the Requester that contain any Confidential
Information.
Such Audits may be conducted in whole or in part by remote electronic means if the Requester's
electronic systems have the functional capability of facilitating such remote Audits.
7. Requester Co- operation.
The Requester shall fully co- operate with MTO in facilitating the conduct of any Audits contemplated
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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 shall be in force from the Effective Date to the date
which is three (3) years after the expiration or termination of the Agreement.
9. Correction of Defaults.
Without limiting or restricting any other obligations of the Requester, or rights or remedies of MTO,
under this Agreement or at Law or in equity:
(a) the Requester shall, at its sole cost, correct any breaches by the Requester of this
Agreement (including any Privacy Defaults) identified through an Audit (and in
respect of which MTO has provided written notification to the Requester). 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 Requester shall notify MTO in writing upon such breaches having being
corrected.
(c) After receiving such notification from the Requester, MTO may conduct a follow up
Audit to confirm that all such breaches have been corrected.
(d) If requested by MTO in the notification referred to in section 9 (a)
(i) the Requester shall provide to MTO, within ten (10) days of receiving the
notification referred to in section 9 (a) (or within live (5) days of receiving
such notification, where such breaches constitute Privacy Defaults), a
reasonable written plan outlining the steps the Requester will take to ensure
that such breaches do not occur again; and
(ii) the Requester shall implement the plan provided under section 9 (d)(i).
10. Costs of Audit.
(a) All costs incurred by the Requester in connection with the Audits contemplated in
section 1 shall remain solely the responsibility of the Requester.
(b) Except as provided in section 10 (e), all costs incurred by MTO in connection with
the Audits contemplated in section 1 shall remain solely the responsibility of MTO.
(c) Despite section 10 (b), if any Audit contemplated in section I discloses a material
uncured default by the Requester under this Agreement, then the Requester shall
reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit.
11. Without Prejudice.
For the avoidance of doubt, nothing in this Schedule "D" shall be deemed to limit or prejudice the
rights of MTO or the obligations of the Requester under any other provision of this Agreement or at
law or in equity.
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -088
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, June 8, 2011
WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended
provides that the powers of the Municipal Council shall be exercised by By -Law,
unless the municipality is specifically authorized to do otherwise;
AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte
deems it expedient that the proceedings at this Council Meeting be confirmed and
adopted by By -Law;
NOW THEREFORE the Council of The Corporation of the Township of Oro -
Medonte hereby enacts as follows:
1. That the actions of the Council at its Council Meeting held on Wednesday, June
8, 2011, and in respect to each Motion, Resolution and other actions passed and
taken by the Council at its said Meeting is, except where prior approval of the
Ontario Municipal Board is required, hereby adopted, ratified and confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte.
3. That the Mayor and Clerk are hereby authorized and directed to execute and
affix the corporate seal to all necessary documents.
4. And That this by -law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T"
DAY OF JUNE, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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