10 02 2013 Council AgendaPage
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Bill
168).
d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Update).
e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of
land (Unopened Section of Bay Street).
5. MINUTES OF COUNCIL AND COMMITTEES:
4-20 a) Minutes of Council meeting held on Wednesday, September 25, 2013.
21 -24 b) Minutes of Human Resources Committee meeting held on Monday,
September 23, 2013.
6. RECOGNITION OF ACHIEVEMENTS:
None.
7. PUBLIC MEETINGS:
None.
8. DEPUTATIONS:
25-41 a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Trails & Greenways,
Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail.
Page 1 of 102
THE TOWNSHIP OF ORO- MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Toutnship of
Wednesday, October 2, 2013
Proud Heritage, Exciting Future
9:00 a.m. - Closed Session
10:00 a.m. - Open Session
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Bill
168).
d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Update).
e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of
land (Unopened Section of Bay Street).
5. MINUTES OF COUNCIL AND COMMITTEES:
4-20 a) Minutes of Council meeting held on Wednesday, September 25, 2013.
21 -24 b) Minutes of Human Resources Committee meeting held on Monday,
September 23, 2013.
6. RECOGNITION OF ACHIEVEMENTS:
None.
7. PUBLIC MEETINGS:
None.
8. DEPUTATIONS:
25-41 a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Trails & Greenways,
Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail.
Page 1 of 102
42-45
46-50
51 -62
63-65
69-70
71 -73
Council Meeting Agenda - October 02, 2013
9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
10. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. TES2013 -17, re: Jerry Ball, Director of Transportation and
Environmental Services, re: Replacement of Existing Sidewalks in
Hawkestone.
b) Report No. DS2013 -059, Glenn White, Manager, Planning Special Projects,
re: General Amendment to Zoning By -law 97 -95 (Township of Oro - Medonte)
[Refer to Item 15a)].
c) Report No. CS2013 -19, Doug Irwin, Director of Corporate Services /Clerk,
re: 2014 Municipal Election.
d) Robin Dunn, CAO, re: Request to Re- schedule the October 9, 2013 Council
meeting to October 16, 2013.
[Addenda]
11. REPORTS OF MEMBERS OF COUNCIL:
None.
12. CONSENT AGENDA:
a) Announcements of Interest to the Public:
1. Thanksgiving Holiday Office Closure, Monday, October 14, 2013.
2. Third Annual Mayor & Council's Business Breakfast, Wednesday,
October 23, 2013, 7:30am- 9:30am, Trinity Community Church, 110 Line 7
South.
3. Huronia Nurse Practitioner -LED Clinic Accepting Patients, 3331 Line 4
North.
13. COMMUNICATIONS:
a) Correspondence dated September, 2013 from Dennis Purcell, DRC Chair,
Bancroft & Hastings Highlands Disaster Relief Committee re: Request to
Support Fundraising Efforts.
b) Invitation from the Orillia Soldiers' Memorial Hospital, re: Information
Session, Thursday, October 10, 2013, 7:00 p.m. - Hawk Ridge Golf Club,
Orillia.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS:
a) By -Law No. 2013 -179 A By -Law To Amend Zoning By -Law 97 -95, As
Amended.
Page 2 of 102
Council Meeting Agenda - October 02, 2013
74-99 b) By -Law No. 2013 -181 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)
And to Repeal By -law No. 2011 -091.
100-101 c) By -Law No. 2013 -182 A By -law to Amend By -law No. 2011 -013, Being a
By -law to Govern the Proceedings of the
Committee of Adjustment in the Township of Oro -
Medonte.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
102 a) By -Law No. 2013 -180 Being A By -Law to Confirm the Proceedings of the
Council meeting held on Wednesday, October 2,
2013.
19. ADJOURNMENT:
a) Motion to Adjourn.
Page 3 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
THE TOWNSHIP OF ORO- MEDONTE
REGULAR COUNCIL MEETING MINUTES
Council Chambers
lyr��xrai Hrrirrr�rr, Cx.rirFu� Fx�rurr
Wednesday, September 25, 2013
2010 - 2014 COUNCIL
TIME: 5:31 p.m.
Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of
Present: Corporate Services /Clerk; Jerry Ball, Director of Transportation and
Environmental Services; Donna Hewitt, Director of Corporate & Strategic
Initiatives; Shawn Binns, Director of Recreation and Community Services;
Hugh Murray, Fire Chief; Derrek Witlib, Manager, Planning Services;
Chris Williams, Tom Fenton, Aird & Berlis LLP (via teleconference call)
V%
Also Ann Truyens, Sue Roehner_
Present:
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 17
Page 4 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. C130925 -1
Moved by Crawford, Seconded by Lancaster
Be it resolved that the agenda for the Council meeting of Wednesday, September 25,
2013 be received and adopted, as amended, to add Items 4
g) Robin Dunn, Chief Administrative Officer re: Staffing Update (Development Services)
and
h) Hugh Murray, Fire Chief and Derek Witlib, Manager, Planning Services re: Litigation
affecting the municipality (Assembly Occupancy).
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
lb�' x
Motion No. C130925 -2'
0 N
Carried.
Carried.
Page 2 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
b) Motion to Rise and Report.
Motion No. C130925 -3
Moved by Lancaster, Seconded by Crawford
Be it resolved that we do now Rise at 7:01 p.m. and Report on the Closed Session
Items 4
Moved by Coutanche, Seconded by Meyer
Be it resolved that the confidential correspondence dated June 20 and September 17,
2013 and presented by Robin Dunn, Chief Administrative Officer and Tom Fenton, Aird
& Berlis LLP, re: Solicitor - client privilege (Lake Simcoe Regional Airport) be received.
Carried.
Page 3of17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
d) Jerry Ball, Director of Transportation and Environmental Services re: Acquisition /disposition
of land (Water/Waste Water Servicing).
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental
Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Derek Witlib, Manager,
Planning Services; Chris Williams, Aird & Berlis LLP (via teleconference call).
Motion No. C130925 -5
Moved by Crawford, Seconded by Lancaster
Be it resolved that the confidential verbal information presented by Jerry Ball, Director of
Transportation and Environmental Services; Robin Dunn, Chief Administrative Officer and
Chris Williams, Aird & Berlis LLP and confidential correspondence dated August 26, 2013
re: Acquisition /disposition of land (Water /Waste Water Servicing) be received and that staff
proceed as outlined.
Carried.
e) Doug Irwin, Director of Corporate Services/Clerk're: Acquisition /dispostion of land (portion of
land abutting 1505 15/16 Sideroad East and the travelled road).
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk.
Motion No. C130925 -6
Moved by Meyer, Seconded by Coutan
no
Be it resolved
1. That Confidential Report No. CS2013 -17, Dougj Irwin, Director of Corporate
Services /Clerk re: Acquisition /disposition of land (portion of land abutting 1505 15/16
Sideroad East and the travelled road) be received and adopted.
2. That Part 6, Plan 51 R- 18508, Part of West Half Lot 16, Concession 12, (Oro), Township of
Oro - Medonte be permanently closed and declared surplus to the needs of the municipality.
3. That the subject lands be conveyed by direct sale to the abutting property owner.
4. That the benefitting owner provide the applicable deposit as stipulated in the Township's
Fees and Charges By -law.
5. That the respective owner be advised that the lands to be conveyed are to merge on
title, with their respective property and that the owner will be required to bring an
Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the
parcel to one Property Identifier Number, at his expense upon transfer.
6. That the recommended land value outlined in Confidential Report No. CS2013 -17 be
approved.
7. And that the owner be advised of Council's decision under the Director of Corporate
Services /Clerks' signature.
Carried.
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013
b) Minutes of Committee of Adjustment meeting held on Thursday, September 19, 2013.
Motion No. C130925 -11
Moved by Crawford, Seconded by Evans
Be it resolved that the draft minutes of the Committee of Adjustment meeting held on
Thursday, September 19, 2013 be received.
Carried.
6. RECOGNITION OF ACHIEVEMENTS:
None.
Page 6of17
Page 9 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
7. PUBLIC MEETINGS:
None.
8. DEPUTATIONS:
None.
9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST:
10. REPORTS OF MUNICIPAL OFFICERS:
Motion No. C130925 -13
Moved by Meyer, Seconded by Coutanche
Be it resolved
1. That Report No. FD2013 -01, Hugh Murray, Fire Chief re: Results for 2013 Vehicle
Quotation: 1 -1/2 Ton Pickup, Extended Cab - 4 Wheel Drive be received and
adopted.
2. That the 2013 Vehicle Quotation be awarded to the following dealer:
• Thor Motors, Orillia in the amount of $23,781.00 plus applicable taxes
3. And That the dealerships that submitted a Quotation be advised of Council's
decision, under the Fire Chief's signature.
Carried.
Page 7of17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
Be it resolved
1. That Report No. DS2013 -058, Derek Witlib, Manager, Planning Services re: Site
Plan Agreements (Democrat Maplewood Limited), 2013- SPA -18 — 2013 - SPA -25,
Plan 51 M -957, (Former Township of Oro), Lots 100, 101, 102, 104, 107, 108, 112,
116 be received and adopted;
2. That the Township of Oro - Medonte enters into Site Plan Agreements with Democrat
Maplewood Limited thereby permitting the removal of the Holding Provision applying
to the subject Lots for the construction of single detached dwellings by way of model
home permits granted by the Committee of Adjustment as part of Minor Variance
Application 2013 -A -39;
3. That the Clerk brings forward the by -laws for Council's consideration to enter into
Site Plan Agreements with Democrat Maplewood Limited and to remove the Holding
Provision applying to the lands described as Lots 100, 101, 102, 104, 107, 108, 112,
and 116 of Plan 51M-957, respectively; and
4. And That the owner be notified of Council's decision under the Manager, Planning
Services' signature.
Carried.
Page 8of17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
e) Report No. RC2013 -19, Shawn Binns, Director of Recreation and Community Services,
re: Oro African Church Assessment [To be distributed at the meeting].
Motion No. C130925 -16
Moved by Lancaster, Seconded by Crawford
Motion No. C130925 -17
Page 9 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
g) Report No. CS2013 -18, Doug Irwin, Director of Corporate Services /Clerk re: Microsoft
Licensing.
Motion No. C130925 -18
Moved by Crawford, Seconded by Lancaster
a) Mayor H.S. Hughes, correspondence dated September 9, 2013 from Leslie Kirsh, Harris
& Partners LLP re: Margolian,Property.
Motion No. C130925 -19
Moved by Meyer, Seconded b Coutanche
Be it resolved
1. That the correspondence dated September 9, 2013 from Leslie Kirsh, Harris &
Partners LLP and presented by Mayor H.S. Hughes and Councillor Evans, re:
Margolian Property be received.
2. And That the Township's Council representative be authorized to liaise with Lake
Simcoe Region Conservation Authority on this matter.
Page 10 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
12. CONSENT AGENDA:
a) Announcements of Interest to the Public:
1. Huronia Nurse Practitioner -LED Clinic Now Accepting Patients.
2. Nottawasaga Valley Conservation Authority, Notice of Public Open House,
Thursday, October 10, 2013.
b) Nottawasaga Valley Conservation Authority, minutes of meeting held on June 28,
2013 and highlights of meeting held on August 30, 2013.
Received.
c) Midland Public Library minutes of meeting held on July 11, 2013.
Received.
d) Simcoe County District School Board and Simcoe Muskoka District Catholic District
School Board, Education Development Charges, Simcoe County, Notice of Public
Meetings.
Received.
ISO Carried.
13. COMMUNICATIONS:
None.
Page 11 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS:
a) By -Law No. 2013 -162: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 100, Plan 51 M -957,
as in 58533 -0324 LT, ROLL # 4346- 010 - 003 - 26600, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
b) By -Law No. 2013 -163: A By -law to remove the Holding symbol on lands described
as follows: Lot 100, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26600.
c) By -Law No. 2013 -164: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 101, Plan 51 M -957,
as in 58533 -0325 LT, ROLL # 4346- 010 - 003 - 26601, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOEz.
d) By -Law No. 2013 -165: A By -law to remove the Holding symbol on lands described
as follows: Lot 101, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26601.
e) By -Law No. 2013 -166: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 102, Plan 51 M -957,
as in 58533 -0326 LT, ROLL # 4346- 010 - 003 - 26602, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
f) By -Law No. 2013 -167: A By -law to remove the Holding symbol on lands described as
follows: Lot 102, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll #
4346- 010- 003 - 26602.
g) By -Law No. 2013 -168: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 104, Plan 51 M -957,
as in 58533 -0328 LT, ROLL # 4346- 010 - 003 - 26604, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
h) By -Law No. 2013 -169: A By -law to remove the Holding symbol on lands described
as follows: Lot 104, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26604.
Page 12 of 17
Page 15 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
i) By -Law No. 2013 -170: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 107, Plan 51 M -957,
as in 58533 -0331 LT, ROLL # 4346- 010 - 003 - 26607, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
j) By -Law No. 2013 -171: A By -law to remove the Holding symbol on lands described as
follows: Lot 107, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll #
4346- 010- 003 - 26607.
k) By -Law No. 2013 -172: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 108, Plan 51 M -957,
as in 58533 -0332 LT, ROLL # 4346- 010 - 003 - 26608, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
1) By -Law No. 2013 -173: A By -law to remove the Holding symbol on lands described
as follows: Lot 108, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26608.
m) By -Law No. 2013 -174: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 112, Plan 51 M -957,
as in 58533 -0336 LT, ROLL # 4346- 010 - 003 - 26612, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
n) By -Law No. 2013 -175: A By -law to remove the Holding symbol on lands described
as follows: Lot 112, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26612.
o) By -Law No. 2013 -176: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 116, Plan 51 M -957,
as in 58533 -0340 LT, ROLL # 4346- 010 - 003 - 26616, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
p) By -Law No. 2013 -177: A By -law to remove the Holding symbol on lands described
as follows: Lot 116, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26616.
q) By -Law No. 2013 -178: A By -law to Adopt Engineering Standards and Drawings And
to Repeal By -law No. 1995 -104.
Page 13 of 17
Page 16 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
Motion No. C130925 -21
Moved by Coutanche, Seconded by Meyer
Be it resolved that
a) By -Law No. 2013 -162: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 100, Plan 51 M -957,
as in 58533 -0324 LT, ROLL # 4346- 010 - 003 - 26600, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
b) By -Law No. 2013 -163: A By -law to remove the Holding symbol on lands described
as follows: Lot 100, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26600.
c) By -Law No. 2013 -164: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 101, Plan 51 M -957,
as in 58533 -0325 LT, ROLL # 4346- 010 - 003 - 26601, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
d) By -Law No. 2013 -165: A By -law to remove the Holding symbol on lands described
as follows: Lot 101, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26601.
e) By -Law No. 2013 -166: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 102, Plan 51 M -957,
as in 58533 -0326 LT, ROLL # 4346- 010 - 003 - 26602, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
f) By -Law No. 2013 -167: A By -law to remove the Holding symbol on lands described as
follows: Lot 102, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll #
4346- 010- 003 - 26602.
g) By -Law No. 2013 -168: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 104, Plan 51 M -957,
as in 58533 -0328 LT, ROLL # 4346- 010 - 003 - 26604, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
h) By -Law No. 2013 -169: A By -law to remove the Holding symbol on lands described
as follows: Lot 104, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26604.
Page 14 of 17
Page 17 of 102
5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
i) By -Law No. 2013 -170: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 107, Plan 51 M -957,
as in 58533 -0331 LT, ROLL # 4346- 010 - 003 - 26607, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
j) By -Law No. 2013 -171: A By -law to remove the Holding symbol on lands described as
follows: Lot 107, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll #
4346- 010- 003 - 26607.
k) By -Law No. 2013 -172: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 108, Plan 51 M -957,
as in 58533 -0332 LT, ROLL # 4346- 010 - 003 - 26608, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
1) By -Law No. 2013 -173: A By -law to remove the Holding symbol on lands described
as follows: Lot 108, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26608.
m) By -Law No. 2013 -174: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 112, Plan 51 M -957,
as in 58533 -0336 LT, ROLL # 4346- 010 - 003 - 26612, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
n) By -Law No. 2013 -175: A By -law to remove the Holding symbol on lands described
as follows: Lot 112, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26612.
o) By -Law No. 2013 -176: A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro - Medonte and
Democrat Maplewood Limited described as lands as follows: Lot 116, Plan 51 M -957,
as in 58533 -0340 LT, ROLL # 4346- 010 - 003 - 26616, TOWNSHIP OF ORO-
MEDONTE, COUNTY OF SIMCOE.
p) By -Law No. 2013 -177: A By -law to remove the Holding symbol on lands described
as follows: Lot 116, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe,
Roll # 4346- 010 - 003 - 26616.
be read a first, second and third time, passed, be engrossed by the Clerk, signed and
sealed by the Mayor
Carried.
Page 15 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
Motion No. C130925 -22
Moved by Evans, Seconded by Crawford
Be it resolved that
q) By -Law No. 2013 -178: A By -law to Adopt Engineering Standards and Drawings And
to Repeal By -law No. 1995 -104,
a) Motion to go In Closed Session.
Motion No. C130925 -23
Moved by Evans, Seconded by Cra
Be it resolved that we do now go in Closed Se's
ion at 7:40 p.m. to discuss
Be it resolved that we do now Rise at 7:51 p.m. and Report on the Closed Session
Items 4
e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(portion of land abutting 1505 15/16 Sideroad East and the travelled road).
f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(Shanty Bay Boat House).
Refer to Items 4 e) and f).
Page 16 of 17
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5.a) Minutes of Council meeting held on Wednesday, September...
Council Meeting Minutes — September 25, 2013.
18. CONFIRMATION BY -LAW:
a) By -Law No. 2013 -160: Being a By -Law to Confirm the Proceedings of the Council
Meeting held on Wednesday, September 25, 2013.
Motion No. C130925 -25
Moved by Meyer, Seconded by Coutanche
Be it resolved that By -Law No. 2013 -160: Being a by -law to confirm the proceedings of
the Council meeting held on Wednesday, September 25, 2013 be read a first, second
and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
Carried.
Page 17 of 17
Page 20 of 102
5.b) Minutes of Human Resources Committee meeting held on Mo...
7n lrip fl
Prond Heritrjge, Exerting Firlure
Monday, September 23, 2013
2010 -
Present: Mayor H.S. Hughes
Councillor Crawford, Chair
Councillor Meyer
THE TOWNSHIP OF ORO- MEDONTE
HUMAN RESOURCES COMMITTEE
Neufeld Room
13
Staff: Robin Dunn, Chief Administrative Officer
1W A#
TIME: 9:32 a.m.
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
Motion No. HR130923
Moved by Hughes, Seconded by Meyer
It is recommended that the agenda for the Human Resources Committee meeting
of Monday, September 23, 2013 be received and adopted.
",%W Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
Page 1 of 4
Page 21 of 102
5.b) Minutes of Human Resources Committee meeting held on Mo...
Human Resources Committee Minutes — September 23, 2013.
4. MINUTES OF COMMITTEE:
a) Minutes of Human Resources Committee meeting held on Monday, June 20, 2013.
Motion No. HR130923 -2
Moved by Meyer, Seconded by Hughes
It is recommended that the minutes of the Human Resources Committee meeting held
on Monday, June 20, 2013 be adopted as printed and circulated.
...n .._ . Carried.
5. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
Motion No. HR130923 -3
Moved by Hughes, Seconded by
It is recommended that we do now go in Closed Session at 9:38 a.m. to discuss
• personal matter affecting an identifiable individual;
• labour relations /employee negotiations.
Moved by Hughes, Seconded by Meyer
It is recommended that we do now Rise and Report at 11:57 a.m. on items 5:
c) Robin Dunn, CAO, re: Personal matters about an identifiable individual
(Performance Management).
d) Robin Dunn, CAO, re: Labour relations / employee negotiations (Labour Relations).
e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (2014
Compensation).
f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Corporate
Strategic Planning - Department Business Plan).
Carried.
Page 2 of 4
Page 22 of 102
5.b) Minutes of Human Resources Committee meeting held on Mo...
Human Resources Committee Minutes — September 23, 2013.
It is recommended that the confidential verbal information / confidential correspondence
dated September 23, 2013, presented by Robin Dunn, CAO, re: Personal matters about
an identifiable individual (2014 Compensation) be received.
Carried
Page 3 of 4
Page 23 of 102
5.b) Minutes of Human Resources Committee meeting held on Mo...
Human Resources Committee Minutes — September 23, 2013.
f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Corporate
Strategic Planning - Department Business Plans).
Motion No. HR130923 -8
Moved by Meyer, Seconded by Hughes
It is recommended that the confidential verbal information presented by Robin Dunn,
CAO, re: Personal matters about an identifiable individual (Corporate Strategic Planning
- Department Business Plans) be received. A& Carried.
6. REPORTS OF MUNICIPAL OFFICERS:
None.
7. NOTICE OF MOTIONS:
None.
8. ADJOURNMENT'
a) Motion to Adjourn.
Motion No. HR130923 -9
Moved by Hughes,
It is recommended that we do now
ourn at 12:01 p.m.
Councillor Crawford, Chair Robin Dunn, CAO
Carried.
Page 4 of 4
Page 24 of 102
8.a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Tra...
09 -23- 13;14:43 ;Fro :U,ieys — Baldwin To:170S4870133 ;6472583096
# 1/ 1
W lip vf UESTFOR`DEPUTATiON BEFORE.COUNCIL!
OMMITTEE
P"I'd Hrrifn�e, %.rriltit( 7'11l11Yr
Any written or electronic submissions and background information for consideration by Council /Committee must be su
Clerk by 4:30 pm on the Wednesday of the week prior to the
mitted to the
preferred meeting. Electronic submissions should be sub
Microsoft PowerPoint /Microsoft Word format.
fitted in
Preferred Meeting and Date: re t c I(e! AC—C— (QGr — U ® U 1
I am requesting deputation to speak:
a) ❑ on my own behalf, or
b) Y on behalf of a group / organization / association, if b), please state name of group/ organization /association belo
v.
i would like to use: 101---
rojector P /laptop
Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than t
with a total speaking time of not more than ten (10) minutes.
o (2) speakers
Subject of Presentation
Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Towns
determine its content and to assess its relative priority to other
ip a means to
requests for presentation. Weight will be given to those
provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns
Mandate.
requests that
with Council's
Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of
presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to
any electronic
the
accordance with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -few.
Clerk's Office in
Ir rrn ek- v,\ e 11 � 4 s
r {��V ].
I i
Reason why this presentation is important to Council and to the municipality:
rn ee tr �.�. E }r �h 'rc) M
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nwru5l^n p dV,,e_ C�Ire..�_ a• .� cv c _r ._ 4- ! °
Date of Request:
Signature(s) of Speaker(s):
Address: f22 ce_ +...7 � �, n.,(? �ro A ta-,
Telephone: 1O ;7
Fax: rf e ca 5 : vv c o2 (fir
Email: � � � +��(S
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Note: Additional material may be circulated / presented at the time of the deputation. Scheduling will be at the discretion
and will be confirmed. There are no guarantees that by requesting a certain date(s) deputation be
of the Clerk,
your will accepted, as
commitments may make it necessary to schedule an alternate date suggested by the Clerk.
Prior
PersonaV information on this fomiSis collected under:the legal authority of the Municipal Act, S.O. 2001, c.25 as amended. The inform
and maintained for the purpose of creating. a'record that Is available to the general Public pursuant to Section 27 of the Municipal Freedo
tion is coll]t,,
of is colt
and Protection of Privacy Act. ,Questions about this collection should be directed to the Clerk's Office, The Corporation of the_Township
148 Line 7 South, Box 100, Oro, Ontario, L0L 2X0.
f Oro- Med
01/2011
Page 25 of 102
Martyrs Shrine
NationaZShrine of the Canadian Martyrs
HTSIAICOF COUNTY Tmu,s
mumiiia eta f9 & Gmenwa3s 7Z4 4 -FY4,�W!
Permanent
Pilgrimage Routes
in Simcoe County
To the Marivrs'Shrine
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iairnrtiaH"r SIMCOE COUNTY TRAIDS
Tr�i�� � �reernuays ,� ��
Simcoe County Trails has a Trillium grant until
June 2014 to pay salary of a project manager to:
• Establish permanent pilgrimage routes to the
Martyrs' Shrine in Midland from various locations
in Simcoe County.
— Negotiate creation of routes with the Trail owners.
— Research accommodation along the routes.
— Hire summer students to mark the route (and maintain
as needed).
— Create maps and promotional brochure of the routes.
— Promote the pilgrimage routes.
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Martyrs Shrine
• Martyr's Shrine:
— is THE National Shrine of Canada
— Already organize pilgrimages annually to Midland from Burlington,
Guelph, Toronto, etc.
— Very enthusiastic about concept of permanent pilgrimage routes,
preferably off -road
• Provided letter of support for route negotiations with landowners
• Agreed to:
— develop a design for the logo and wayfinding
— help with promotion & fundraising
— identify suitable accommodations
— track pilgrim arrivals
— issue Certificate of Completion
— celebrate arrival mass
Oo
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Advantages of a Permanent
Pilgrimage Route
• Anyone can do the pilgrimage:
— any time of the year
— on their own, with family or friends, or as a
parish or group
• Provides a safer off -road alternative vs.
busy roads
• Bring tourism $$ to the region
• And provide a quieter environment for
meditation, reflection, prayer, etc.
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N
Modern -day pilgrimages
• Thousands of pilgrims and other travellers set out each
year to make their way to a pilgrimage destination like
Santiago de Compostela (El Camino, in Spain).
• They complete the entire route, or just a section.
• Most travel by foot, some by bicycle, a few travel on
horseback or by donkey (as they did in the middle ages).
• People undertake a pilgrimage for:
— religious reasons,
— non - religious reasons: to travel, learn about culture, meet other
people or for the challenge of traversing a foreign land for many
days or weeks.
• The pilgrimage can also act as a retreat from the hustle
and bustle of modern life.
0
0
0
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N
A Canadian Camino,
built in the image of the
Spanish "El Camino"
• Long distance route,
preferably off -road
• Marked along the way
with a permanent trail
marker (perhaps
similar to the
Camino's sea shell)
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Wayfinding on the Camino
Mai&
The Scallop shell, often found on the shores in Galicia, has long been the
symbol of the Camino de Santiago. Over the centuries the scallop shell
has taken on mythical, metaphorical and practical meanings, even if its
relevance may actually derive from the desire of pilgrims to take home a
souvenir. In addition to the shells, yellow arrows indicate the Way of St.
James (El Camino de Compostella)
160
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Accommodations
• Pilgrims require overnight accommodation
every 25 — 35 km along the way
— Hostels (refugios or albergues)
— Bed & breakfasts
— Parishes
— Hotels
— Camping
• Pilgrims must have a stamped passport to access accommodations
• Fee has to be affordable: in Spain between $7.50 and $10 per night
per bed in a dormitory, or voluntary donation (North American fee
may be slightly higher)
• One night limit and leave by 8 AM.
• Hostels may be run by the local parish, the local council, private
owners, pilgrims' associations, women's league, etc.
0
6
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Pilgrim's Passport
• can be purchased for a few $$ from a parish, church or
tourist agency
• provides access to inexpensive, sometimes free, overnight
accommodation in hostels and parishes along the way
• stamped with an official stamp by official hostels, church,
municipality, tourism office, or alternatively, at a self - service
station
• serves as a record of where the pilgrim ate or slept
• proof to the Martyr's Shrine staff
that the journey was accomplished
along an official route
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Certificate of Accomplishment
• Given to pilgrims on completing the pilgrimage.
• To earn it, in Spain, one needs to walk a minimum of 100
km or cycle at least 200 km.
• The pilgrim passport is examined for stamps and dates.
• If a key stamp is missing, the certificate may be refused.
• The pilgrim can state whether the goal was:
— 'religious', 'religious and other`: certificate issued in Latin
— 'other`: certificate issued in English
The Pilgrim Office of Santiago awards more than 100,000
Certificates, called Compostelas, a year to pilgrims from
over 100 countries.
00
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0
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Pilgrim's Mass
• Held at the Martyr's Shrine, upon
arrival of the pilgrims.
• Pilgrims have the starting location
of their pilgrimage (and possibly
country of origin) announced at the
Mass.
• In Spain, the musical and visual
highlight of the Mass is the
synchronisation of the beautiful
"Hymn to Santiago" with the
spectacular swinging of the huge
Botafumeiro, the famous thurible
kept in the cathedral. Incense is
burned in this swinging "incensory"
May be we can come up with a
similar spectacle?
• Priests administer confession
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Pilgrimage Routes for Tourism
• Pilgrims also bring tourism
benefits to the area (local
shopping, eating,
accommodations,
souvenirs, etc.)
• Tourism Simcoe County is
supporting this initiative.
• Adjacent table details
numbers of pilgrims
arriving at the cathedral at
Santiago each year as per
the cathedral's records.
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15
10c"
Pilgrims finishing the Camino 1985 -2011
Green bars are holy years
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Proposed Pilgrimage Route
Westerly Route
Midland, Penetanguishene, Elmvale, Barrie
• 87 km, 9 landowners
• 99% off road using existing railtrails (Midland and Penetanguishene
Waterfront Trails, Tiny Trail, North Simcoe Railtrail, Nine Mile
Portage)
• SCT can provide $5 million liability Insurance Certificate to
landowner as Named Insured.
• So far, negotiated successful landowner permissions with Town of
Midland, Georgian Bay Islands National Park, and expect
permission from Huronia Historical Parks next
• Contacting Twp of Tiny & Springwater, and City of Barrie next
• Should have off -road extension to Tottenham by 2014
0
6
0
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O
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CD
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Proposed Pilgrimage Routes
Easterly Route: Midland, St. Louis, St. Ignace II,
Waubaushene, Coldwater, Orillia, Barrie
• 99% off road:
— Tay Shore Trail
— snowmobile trail on abandoned railway
— Severn's new and existing sections of Uhthoff Trail
— City of Orillia Trails
— Lake Country Oro Medonte Railtrail
— Barrie's Waterfront Trail
— with possible spur to Ramara and to
— Chippewas of Rama First Nation.
• approx. 100 km
• St. Louis and St. Ignage II are also pilgrimage sites
0
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Next steps for the
Canadian Camino
— Confirm routes, initially in Simcoe County only
— Naming of the route(s): Canadian Camino?
— Provide design for logo and wayfinding
— Provide input into brochure content
— Promote routes to church communities
— Set up tracking mechanism and admin process to
track pilgrims arriving via pilgrimage route and issuing
of passports, stamps and certificates
— Locate overnight accommodations (parishes, B &B,
camping, etc.)
— Fundraise for signage
— Promote to adjacent regions
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For more information contact
Frieda Baldwin, SCT Project Manager, infoC@simcoecountytrails.net
John Zurakowski, Martyrs' Shrine, Asst. Director, izurakowski(c�rogers.com
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10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra...
REPORT
n�f ot�
Proud Heritage, Exciting Future
Report No.
TES2013 -17
To:
COUNCIL
Prepared By:
Lisa McNiven
Meeting Date:
October 2, 2013
Subject:
REPLACEMENT OF EXISTING
SIDEWALKS IN HAWKESTONE
Motion #
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action For Information Only
1. THAT Report No. TES2013 -17 be received and adopted.
2. THAT Transportation Services remove the existing sidewalks, then top soil and sod,
on Line 11 South and on Mill Street, in 2013.
3. THAT Transportation Services install a Concrete Sidewalk on the East side of Line
11 South in the same location as the existing sidewalk in 2014, under Capital
projects.
4. THAT Transportation Services provide winter maintenance of the sidewalk in
Hawkestone, starting in the fall of 2014.
5. AND THAT the Director of Transportation and Environmental Services notify the
residents, whose properties abutting the existing sidewalks, of Council's decision.
BACKGROUND:
The Township of Oro - Medonte has numerous sections of sidewalk sporadically located
in hamlets across the Municipality. The usage of each sidewalk is different; they vary in
widths, and are either constructed of asphalt or concrete.
An inventory, and condition, was given to the existing sidewalks throughout the
municipality.
Report TES2011 -06 outlined the existing condition of the sidewalk in Hawkestone as
very poor. The report also outlined the Municipalities responsibilities as required by
O.Reg 239/02, Minimum Maintenance Standards, under the Municipal Act.
One June 12, 2013 a public open house was held in the village of Hawkestone to
outline what options the Township was considering with regards to the existing
sidewalk. The four options were as follows:
A) Concrete Sidewalk on the East side of Line 11 South only
Transportation and Environmental Services October 2, 2013
Report No. TES2013 -17 Page 1 of 4
Page 42 of 102
10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra...
B) Asphalt Sidewalk on the East side of Line 11 South only
C) Asphalt Sidewalk on both sides of Line 11 South
D) Concrete Sidewalks on both sides of Line 11 South
As a result of the open house, seven (7) surveys were received from residents in
Hawkestone. The results were as follows:
Three (3)
in favor of Concrete sidewalk on both sides
One (1)
in favor of Asphalt sidewalk on both sides
Two (2)
in favor of Asphalt sidewalk on the East Side of Line 11 S. only
One (1)
in favor of Concrete sidewalk on the East Side of Line 11 S. only
ANALYSIS:
Minimum Maintenance Standards for Municipal Highways, section 16.1 states:
Sidewalk Surface Discontinuities
16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check
for surface discontinuity is once per calendar year, with each inspection taking place
not more than 16 months from the previous inspection. O. Reg. 23/10, s. 10; O. Reg.
47/13, s. 16 (1).
(1.1) A sidewalk that has been inspected in accordance with subsection (1) is
deemed to be in a state of repair with respect to any surface discontinuity until the
next inspection in accordance with that subsection, provided that the municipality
does not acquire actual knowledge of the presence of a surface discontinuity in
excess of two centimeters. O. Reg. 47/13, s. 16 (2).
(2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum
standard is to treat the surface discontinuity within 14 days after acquiring actual
knowledge of the fact. O. Reg. 23/10, s. 10; O. Reg. 47/13, s. 16 (3).
(2.1) A surface discontinuity on a sidewalk is deemed to be in a state of repair if it is
less than or equal to two centimeters. O. Reg. 47/13, s. 16 (4).
(3) For the purpose of subsection (2), treating a surface discontinuity on a sidewalk
means taking reasonable measures to protect users of the sidewalk from the
discontinuity, including making permanent or temporary repairs, alerting users'
attention to the discontinuity or preventing access to the area of discontinuity.
O. Reg. 23/10, s. 10.
(4) In this section, "surface discontinuity" means a vertical discontinuity creating a
step formation at joints or cracks in the surface of the sidewalk. O. Reg. 23/10, s. 10.
As addressed in Report TES2011 -06, the Municipality needs to allocate funding as soon
as possible to correct any surface discontinuities in the Hawkestone sidewalks. Failure
to do so could result in a liability risk to the Municipality.
Transportation and Environmental Services October 2, 2013
Report No. TES2013 -17 Page 2 of 4
Page 43 of 102
10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra...
Staff recommends that at a minimum, the sidewalk be removed in 2013 and be replaced
with topsoil and sod until the new sidewalk can be installed, during the 2014
construction season.
Staff recommends placing concrete sidewalks which can have a lifecycle of up to 75
years, as opposed to asphalt, which has a lifecycle of between 10 -20 years.
The cost to replace the existing concrete sidewalks, on both sides of Line 11 South, and
remove the existing sidewalk on Mill Street, is estimated at $110,000.00. The cost for
the same option in Asphalt is estimated at $55,000.
The cost estimate for concrete or asphalt, only on the East side, is $$60,000 and
$36,000 respectively.
There is currently no summer or winter maintenance on the sidewalks in Hawkestone.
There is currently both summer and winter maintenance provided by the Township on
sidewalks in the villages of Shanty Bay, Moonstone, and Craighurst.
During the public meeting the issue of snowmobiles on the sidewalks was noted, which
may be addressed through a by -law prohibiting the use of sidewalks by snowmobiles.
The residents also expressed concern about the option of having residents provide
snow clearing along their property frontage. In discussion with other Municipalities —
having residents clear the sidewalks has some difficult enforcement issues, and in
cases where there is negligence by the home owner with respect to winter
maintenance, the Municipality will still be held liable as the sidewalk is part of the
Municipal infrastructure.
I FINANCIAL. I
Capital funds would be required for the removal and replacement of the existing
sidewalks in Hawkestone.
Operational funds would also need to be included for 2014. The estimate is $8,500 per
year for snow removal.
POLICIES /LEGISLATION:
Municipal Act Regulation 23/10, Minimum Maintenance Standards,
CONSULTATIONS:
Jerry Ball — Director, Transportation & Environmental Services
ATTACHMENTS:
Transportation and Environmental Services October 2, 2013
Report No. TES2013 -17 Page 3 of 4
Page 44 of 102
10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra...
None
CONCLUSION:
Sidewalks within the Municipality have become an issue due to increased usage and
little maintenance.
It is recommended to provide a concrete sidewalk on the East side of Line 11 South
where the existing sidewalk is located, and that the existing portions of sidewalk on the
West side of Line 11 South, and on Mill Street, be removed and re- seeded with grass.
Respectfully submitted:
Lisa McNiven, C.E.T., B.Sc.,
Manager of Transportation Services
SMT Approval / Comments: I C.A.O. Approval l Comments:
CA,(� I I I ��
Transportation and Environmental Services
Report No. TES2013 -17
,ber 2, 2013
Page 4 of 4
Page 45 of 102
10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ...
7vwnship of
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2013 -059
Council
Glenn White, Manager,
Planning Special Projects
Meeting Date:
Subject:
Motion #
October 2, 2013
General Amendment to Zoning
By -law 97 -95 (Township of
Oro - Medonte)
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. Report No. DS2013 -059 be received and adopted.
2. THAT Zoning By -law Amendment By -law 2013 -179 for Township of Oro -
Medonte, being a By -law to amend Zoning By -law 97 -95, as amended, is hereby
further amended by providing general changes and updates to Sections
5.20.2.2, 5.32, 5.35, Section 6.0 "Structure ", Table A3, Table A4, remove the
Holding (H) symbol from a number of roads now maintained by the Township
and editorial text changes attached hereto and forming part of this By -law.
3. THAT the Clerk bring forward the appropriate By -law for Council's consideration.
BACKGROUND:
The purpose of this report is to consider a draft Zoning By -law proposed by the
Township of Oro - Medonte to amend its By -law 97 -95, as amended. The draft amending
Zoning By -law 2013 -179 will make minor changes and updates to sections of By -law
97 -95, as amended, regarding driveway width, setbacks from slopes, location of
swimming pools, definition for structure, industrial permitted uses listed in Table A3,
removing Home Industries use from Agricultural /Rural (A/RU) and Mineral Aggregate
Resource Zones in Table A4, removing the Holding (H) symbol from properties located
on roads which are now maintained by the Township, and also perform a number of
editorial text changes including numbering and typographical changes necessary to
update By -law 97 -95, as amended. Given this By -law will amend By -law 97 -95; the
general provisions of this by -law will affect the whole Township of Oro - Medonte.
DEVELOPMENT SERVICES October 2, 2013
Report No. DS2013 -059 Page 1 of
Page 46 of 102
10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ...
ANALYSIS:
The original public meeting was held on June 26, 2006 to receive comments from
members of the public and relevant agencies. Since that date and during the day to
day usage of By -law 97 -95, planning staff have identified and confirmed that a number
of general updates and changes were necessary to different Sections of the By -law 97-
95. Errors in tables which did not match text contained in the By -law were identified and
minor spelling errors and numbering changes were also noted.
The draft general changes and updates were determined necessary by planning staff to
avoid mistakes in interpretation and provide consistent delivery of the Zoning By -law 97-
95. The draft By -law will correct errors and provide clearer interpretation to make the
Zoning By -law more effective and easier to work with. The items proposed by the draft
By -law will provide a concise Zoning By -law to better serve the citizens of Oro - Medonte.
The draft By -law still meets the intent and spirit of the original Public meeting. The draft
By -law is not to be confused with a conformity exercise.
FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT:
Potential financial and legal implications should the decision of Council be appealed to
the Ontario Municipal Board.
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan:
The draft By -law is intended to amend Zoning By -law 97 -95, as amended. By -law 97-
95 is a zoning by -law which is an implementation tool that implements the policies of the
Official Plan. The draft By -law proposes minor changes to By -law 97 -95 and will still
conform to the policies of the Official Plan.
Zoning BV -law 97 -95:
In June of 2006, the original Public meeting dealt with ten items of By -law 97 -95 which
warranted consideration of change and update. One of the items discussed during the
Public meeting was kennels. The kennel issue has since been considered by Council
by the passing of By -law 2012 -164. Another item considered was wind generation
which is now regulated by the Province of Ontario and not by the Township of Oro -
Medonte. The other eight original items are now further considered by the draft By -law
2013 -179 and are reviewed below.
Fences: Originally, staff noted that a fence was not clearly addressed by the
Zoning By -law. By -law 97 -95 contains no separate section for fencing and was only
addressed in the definition of structure. If a fence had a height of 1.8 metres (5.9 feet)
or less it was deemed not to be a structure. Therefore, a fence higher than 1.8 metres
DEVELOPMENT SERVICES October 2, 2013
Report No. DS2013 -059 Page 2 of g'
Page 47 of 102
10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ...
was considered to be a structure and had to comply with the setback for an accessory
structure (2.0m from rear and interior side yard). The 1.8 metre height did not meet the
normal 6.0 foot height fence landowners want to build. Staff is now proposing to delete
the reference to a fence in the definition of structure so landowners can build a 6 foot
high fence on their property without a setback being applied.
Accessory Outdoor Storaae: The existing Table A3 — Industrial Zones Permitted
Use does not list "Accessory Outdoor Storage" as a permitted despite Section 5.3
containing criteria for its location. The draft by -law adds "Accessory Outdoor Storage"
as a permitted use in Rural Industrial (IR) and Economic Development (ED) zones as
indicated in Section 5.3 of By -law 97 -95.
Swimming Pools: Swimming pools are permitted in any Zone provided they are not
located in the required front or exterior side yards. However, this provision does not
accommodate properties zoned Agricultural /Rural (A/RU) Zone with large front yards
and a dwelling setback several hundred metres from the road with farming activity to the
rear of the dwelling. The farming activity in the rear yard does not provide the proper
atmosphere to have a family pool in this location. The draft By -law proposes to permit
swimming pools in the front yard of an Agricultural /Rural (A/RU) Zone provided the pool
is located on a lot which has a minimum lot area of 2.0 ha and minimum setback of
8.0m. The lot area and setback provides a sufficient sized yard for the pool activity to
occur in and sufficient distance and separation away from the road and travelling public.
Residential Limited Service (RLS) Zone: The Residential Limited Service (RLS)
Zone applies to lands that are not directly accessed by a municipal road. By -law 97 -95
placed a Holding (H) Zone on properties which front onto private roads. Since By -law
97 -95 was passed by Council a number of private roads are now maintained by the
Township but the Zoning schedules have not removed the Holding (H) Zone from these
properties. The draft By -law contain a list of roads which are now maintained by the
Township of Oro - Medonte and Holding (H) Zone symbol are proposed to be removed.
At a future public meeting, these properties will be proposed to be zoned the same as
the surrounding properties (i.e. Shoreline Residential (SR) Zone) and a zone that is
consistent with fronting onto a maintained Township road. The rezoning of these
properties at this time, without a new public meeting, would go beyond the intent of the
original public meeting held in 2006.
Home Industries: The Township's Official Plan has policies to deal with proposed
Home Industries on a site - specific basis by individual Zoning By -law Amendment
applications. The Official Plan gives Council criteria to assess the proposed home
industrial on its own merits and locational impact on abutting properties. By -law 97 -95
presently permits home industries in an Agricultural /Rural (A/RU) Zone and a Mineral
Aggregate Resource Two (MAR2) Zone. The draft By -law proposes to remove home
industries as a permitted use in these zones. This would then conform to the policies of
the Official Plan.
Setback from Slopes: By -law 97 -95 requires a structure to be setback 23 metres
(75ft) of a slope or embankment that exceeds 33% or 3 to 1. In the past, planning staff
had concerns regarding consistent interpretation of this zoning provision. The draft By-
law proposes to add the words "of the top -of -bank after 23 metres and deleting the "3 to
ill.
DEVELOPMENT SERVICES October 2, 2013
Report No. DS2013 -059 Page 3 of
Page 48 of 102
10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ...
The draft By -law also added the following "Be advised that if the slope is located in a
registered Plan of Subdivision where the overall lot grading of the subdivision was
approved by the Township Engineer, the 23 metre setback from the top -of -bank of a
slope or embankment that exceeds 33% does not apply." Since the grading would be
reviewed by the Township Engineer, any concerns with grading on or abutting a slope
would be addressed at the grading review stage and not be necessary in the Zoning By-
law.
Width of driveways leading to a parking area or a lot: By -law 97 -95 presently requires a
minimum driveway width of 6.0 metres for one -way traffic and a minimum of 12.0
metres width for two -way traffic. This is the requirement for driveways leading to
commercial or industrial parking areas. This is not an up -to -date standard for these
types of driveways. The draft by -law proposes 3.6 metres in width for one -way and 6.7
metres in width for two -way traffic. This new proposed standard is similar to standards
contained in surrounding municipal zoning by -laws.
Editorial Changes: There are a number of minor editorial /text mistakes
contained in the existing By -law 97 -95. The draft by -law proposes a number of
changes /corrections which would not impact or change the intent or meaning of the
Zoning By -law.
County Official Plan
The draft By -law proposes minor changes and updates to By -law 97 -95 which
implements the policies of the Official Plan and therefore is consistent with the County
of Simcoe Official Plan. It is the opinion of planning staff that the draft By -law conforms
to the policies of the County's Official Plan.
Provincial Policy Statement
The intent of the Provincial Policy Statement (PPS) is to build strong and healthy
communities while at the same time promoting efficient land use and development
patterns. The draft By -law proposes minor changes and updates to By -law 97 -95 which
implements the policies of the Official Plan and therefore is consistent with the
Provincial Policy Statement, 2005.
Places to Grow
The proposed By -law changes are considered to conform to the intent of the Official
Plan for the Township and maintained the general intent of the Township's Zoning By-
law. The draft By -law is therefore considered to maintain the general intent of the
Province's Growth Plan.
CORPORATE STRATEGIC GOALS:
Quality of Life — To contribute to an enriched quality of life for residents by maintaining
Oro - Medonte's natural beauty and county -like character
DEVELOPMENT SERVICES October 2, 2013
Report No. DS2013 -059 Page 4 of
Page 49 of 102
10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ...
Safe & Healthy Community — To ensure that Oro - Medonte policies and programs
promote a safe and secure environment while encouraging healthy lifestyles
Service Excellence — To provide a welcoming, courteous and professional culture of
service excellence on the part of Council and Township staff
Sustainability — To build an increasingly sustainable community with regard for and
sensitivity to the needs of future generations.
CONSULTATIONS:
Director, Transportation and Environmental Services
ATTACHMENTS:
N/A
I CONCLUSION: I
The draft By -law 2013 -179 will correct errors and provide clearer provisions to make the
Zoning By -law 97 -95 more effective and easier to work with. The items proposed by the
draft By -law will provide a concise Zoning By -law to better serve the citizens of Oro -
Medonte. The draft By -law still meets the intent and sprit of the original Public meeting.
The draft By -law is not to be confused with a conformity exercise. In the future, there
will be other items /provisions of By -law 97 -95 that Planning staff will be proposing to
address and recommend changes too. These additional zoning provisions will require a
future Public meeting as they were not part of the above noted June 26, 2006 public
meeting.
The changes proposed by draft By -law 2013 -179 will be in the spirit of minor changes to
make a Zoning By -law that is more effective and easier to work with. On this basis, it is
recommended that draft Zoning By -law Amendment By -law 2013 -179 be approved by
Council.
Respectfully submitted:
Glenn White, MCIP, RPP
Manager, Planning Special Projects
SMT Approval / Comments: I C.A.O. Approval / Comments:
DEVELOPMENT SERVICES October 2, 2013
Report No. DS2013 -059 Page 5 of tj
Page 50 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
Township of
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
CS2013 -19
Council
Doug Irwin, Janette
Teeter, Marie Brissette,
Jen Jerme
Meeting Date:
Subject:
Motion #
October 2, 2013
2014 Municipal Election
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action X For Information Only
It is recommended that:
1. Report No. 2013 -19 be received and adopted.
2. That the 2014 Municipal Election be conducted utilizing a "vote anywhere" principle
with a traditional paper ballot and vote tabulation equipment.
3. That staff proceed to select an appropriate vendor.
4. And That the necessary by -laws for Vote Tabulation Equipment be brought forward
for Council's consideration.
BACKGROUND:
Municipal Clerks must ensure that elections are established which adhere to the
following principles of the Municipal Elections Act
• The secrecy and confidentiality of the voting process is paramount;
• The election shall be fair and non - biased;
• The election shall be accessible to the voters;
• The integrity of the process shall be maintained throughout the election;
• There is certainty that the results of the election reflect the votes cast;
• Voters and candidates shall be treated fairly and consistently; and
• The proper majority vote governs by ensuring that valid votes be counted and invalid
votes be rejected so far as reasonably possible.
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 1 of 7
Page 51 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
Since the Municipal Elections Act, 1996 was enacted, a variety of "alternative" voting
methods have been deployed by many municipalities within Ontario. In many cases,
multiple "alternative methods" are used in the same election. The reasons for this are
strongly based on improved convenience, greater accessibility and the opportunity for
increased voter turnout.
This report will present Council with an examination of the Township's election process,
identify current alternative methods of voting and vote counting used throughout the
Province and outline proposed enhancements for the Township's 2014 Municipal
Election.
F; ____1
A very brief explanation of the various types of voting and vote counting methods being
utilized by municipalities in Ontario are outlined below. The voting and vote counting
methods can be used independently or a combination of methods can be implemented
for Advance Votes and /or on Election Day.
Relative to each method, attached, is an excerpt from the 2013 AMCTO Annual
Conference -2014 Election Preparation Workshop outlining some of the most common
pros /cons and comments.
Traditional Paper Ballot - This method is the traditional method of voting which has
been utilized to -date in the Township of Oro - Medonte. Each eligible voter attends the
voting location, they are provided a paper ballot which he /she marks, the ballot is folded
and placed in a ballot box to be counted at the close of voting on Election Day.
Traditional Manual Count - At the conclusion of voting on Election Day, the ballot
boxes are opened by the respective DRO and the ballots are manually counted.
Vote Tabulation Equipment - This equipment is an enhancement of the manual
counting method. At the voting location, each voter is given a paper ballot to mark in
the traditional manner. After marking the ballot, the elector places their ballot in a
secrecy folder /envelope and returns it to an election official who feeds the ballot into the
tabulator. The tabulator counts and records all valid marks on the ballot, then the ballot
is secured in a sealed ballot box. The equipment can be programmed to return a ballot
to the elector if they have incorrectly marked their ballot or under /over voted a race.
This gives the elector the opportunity to correct their ballot, if they so desire.
Vote by Mail - All eligible voters are mailed a "vote -by- mail" kit which includes voting
instruction sheet, composite ballot, ballot secrecy envelope, voter declaration form,
outer return envelope (prepaid postage) and additional material as the Clerk
determines. The vote -by -mail kit is completed and returned to the Clerk's Office for
processing, either manual or tabulator count, on Election night.
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 2 of 7
Page 52 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
Vote by Telephone — The vendor providing the telephone voting system to the
municipality generates and provides the municipality with a list of identification numbers
that are matched to the names and addresses of the eligible electors on the Voters' List.
All eligible electors receive a voter information package in the mail containing their
respective identification number and confirmation number, the phone number to call to
place their vote, voting instructions, a list of the candidates and the Help Centre phone
number should they require assistance. Results are tabulated electronically through the
vendor, at the conclusion of voting.
Internet Voting — Voting via the internet is the most recent alternative method of voting
available. There is a preliminary registration process by which the elector must enlist or
register. An ID number is sent to every elector on the Voter Notification Cards and must
be used to register prior to Internet Voting. The voting process requires the registered
voter to log on to the designated site, use the ID number sent to them in a second mail
out as well as answer a personal question selected during the registration process.
Results are tabulated electronically through the vendor, at the conclusion of voting.
Touch Screen Voting — With this method, the ballots are electronic and are only
displayed on the touch screen voting unit. The results are stored electronically on a
memory card and then transferred either by modem or uploaded from the memory card
to the central processing unit. Results are tabulated electronically by election staff.
Due to the cost, significant change in process and historic demographics of the
communities throughout the Township, staff, at this time, recommend that Vote by Mail,
Vote by Telephone, Internet Voting and Touch Screen Voting not be considered for the
2014 Municipal Election.
Election Process
The Township of Oro - Medonte has continued to use a traditional paper ballot and
manual count for Municipal Elections.
The Advance Vote Days have been held using a "vote anywhere" principle, wherein a
voter could attend one of the Advance Vote locations and cast their ballot for their
applicable ward and the other races on the ballot. On Election Day, voters must attend
a specified vote location within their ward in order to cast their ballots, and the ballots
are limited to the ward that the vote location is in.
In the 2003 and 2006 municipal Elections, one Advance Vote Day was held at two
locations on the same day, being a Saturday. This provided two locations on one day.
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 3 of 7
Page 53 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
For the 2010 Election, Advance Vote Days were expanded and included two locations
per day (one in the northern and one in the southern portions of the Township) for three
consecutive days. This provided a "vote anywhere" in the municipality at any of the six
locations throughout the Township from 10:00 a.m. to 8:00 p.m. during two week days
and one weekend day. Each Advance Vote Day location was rotated to a different
venue in order to provide increased convenience to electors. The electors had the
option to utilize the Advance Vote locations if they had concerns regarding the use of
religious venues on Election Day. Enhancing the number of Advance Vote Days was
deemed to be successful.
For the 2010 Municipal Election, staff implemented the use of an electronic Voters' List,
using laptops at each vote location. This enabled election staff to electronically
add /amend /strike off electors. Accordingly, there were three workers per vote location:
one worker was dedicated for additions /amendments/ printing voter notification cards,
one worker was dedicated to striking off the elector's name by using barcode scanners
and assisting the DRO, and the DRO was dedicated to the management of the vote
location. In the event of a lost connection with the Internet, offline Voters' List
management was available. The entire process allowed for quicker processing of
electors with voter notification cards, increased accuracy of the Voters' List, and for staff
at the Administration Office to view the voter turnout and amendments to the Voters' List
in real time.
From the comments received from voters and election staff, the community positively
embraced the increased use of technology during the 2010 Municipal Election.
The following election statistics are provided for Council's information:
Year
Eligible Electors
Voted
Turnout
2010
16,972
5,667
33.39 %
2006
16,806
6,336
37%
2003
17,668
4,574
24%
Voter turnout can be affected by a number of issues:
- Lack of a full ballot— some members acclaimed
- Controversial issues of the day
- Inclement weather
- Voter apathy
In 2003, both the Mayor and Deputy Mayor were acclaimed. The decrease in Eligible
Electors in 2006 was due to the removal of the Unconfirmed Citizenship electors that
had previously been included on the Voters' List.
Section 12.1(1) of the Municipal Elections Act identifies that a clerk who is responsible
for conducting an election shall have regard to the needs of electors and candidates
with disabilities. Section 45 of the Act states that the clerk shall establish the number
and location of voting places for an election as he or she considers most convenient for
the electors, and in establishing the locations of voting places, the clerk shall ensure
that each voting place is accessible to electors with disabilities.
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 4 of 7
Page 54 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
In Report No. CS2010 -28, received by Council at its meeting of December 8, 2010, staff
indicated that they were mindful that additional accessibility requirements will be
identified /legislated prior to the 2014 Municipal Election. At this time, staff are awaiting
identification of additional accessibility requirements that may be necessary for the
Election. The report also noted that the 2010 voter notification cards stated that "some
locations may not be fully accessible. Should you have questions regarding the vote
location you are planning to attend, please contact the Clerk's Department." There are
a limited number of suitable facilities within the Township which can be utilized for
election purposes and would be deemed to be fully accessible.
Staff will be reporting back to Council in the first half of 2014 with respect to Advance
Vote dates and times, pursuant to Section 43(1) of the Municipal Elections Act. Staff
will also be reporting back to identify the vote locations established by the Clerk for the
2014 Election.
2014 Election Process
Recognizing the social aspects of a traditional vote location and the community's
familiarity with the Township's past Municipal Elections, the Clerk will be using a
traditional paper ballot for the 2014 Municipal Election.
To provide greater convenience to the electors, to address concerns over the use of
certain types of buildings as vote locations, and to continue to enhance the Township's
process, the Clerk will be implementing a "vote anywhere" principle on Election Day.
In order to implement a "vote anywhere" principle on Election Day, it is necessary for
Council to enact a by -law authorizing the use of vote tabulators, in accordance with the
Municipal Elections Act.
Section 42(1) of the Municipal Elections Act identifies that the council of a local
municipality may pass by -laws authorizing the use of voting and vote - counting
equipment such as voting machines, voting records or optical scanning vote tabulators.
The benefits of tabulators are as follows:
• Tabulators read and count each and every ballot in the same manner, either
accepting or rejecting the ballots based on their markings and maintains the same
level of accuracy. This is an "unbiased" method of counting.
• Reduced staff hours for counting the ballots.
• Security of the vote ensured /continued monitoring by election staff.
• Early results on election night.
• Reduced paperwork at the voting locations /Administration Office.
• Less stress for election staff after a long day of voting.
• In the event of a recount, administration staff would conduct the recount with the
tabulators.
Corporate Services — Clerk's Office
Report No. CS2013 -19
October 2, 2013
Page 5 of 7
Page 55 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
Section 42(3) of the Municipal Elections Act provides that the Clerk shall establish
procedures and forms for the use of any voting and vote - counting equipment authorized
by by -law and any alternative voting method authorized by by -law.
The move to a "vote anywhere" principle, with the use of tabulators, will assist in
ensuring that the Township is able to accommodate electors with a disability the
opportunity to attend a vote location that meets their accessibility requirements, while
allowing electors who have concerns of entering a religious facility for voting, the
opportunity to attend another vote location. This change may increase the community
spirit in the democratic process by enabling the elector to attend a vote location that is
of their choosing and convenient to them.
FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT:
An annual allocation is made to a reserve for elections costs so that the financial impact
of holding the election is level from year to year.
The allocation for the 2014 Municipal Election is $60,000.00.
Staff will be reviewing options in an effort to accommodate the cost of vote tabulators
within the existing allocation.
There are implications and risks of moving to alternative voting methods in subsequent
elections.
POLICIES /LEGISLATION:
• Municipal Elections Act, 1996, as amended
• Accessibility for Ontarians with Disabilities Act, 2005 — Regulation 429/07 —
Accessibility Standards for Customer Service
• Township of Oro - Medonte's Customer Service — Visions and Values
• Township Policy #POL- AODA -01, Accessibility Standards for Customer Service
CORPORATE STRATEGIC GOALS:
• Quality of Life
o Providing opportunities that encourage community participation
• Service Excellence
o Enhance communication with residents
o Assess each department's delivery of services and identify any requirements for
improvements
• Financial Stewardship
o Find savings and efficiencies
• Employer of Choice
o Enhance internal communication and team - building practices
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 6 of 7
Page 56 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
CONSULTATIONS:
• Area municipalities
ATTACHMENTS:
a Vote Method Comparison Chart
CONCLUSION:
The implementation of a "vote anywhere" principle on Election Day, as well as
Advanced Vote Days, with the use of vote tabulators will provide voters with a number
of options and opportunities to cast their ballot, assist the Township in meeting
accessibility requirements, and is the next enhancement in the use of technology for the
Municipal Election in the Township.
Staff are committed to an efficient, transparent and secure method of voting and believe
that a "vote anywhere" principle with vote tabulators is the next logical step in improving
the Township's voting process.
Staff believe that enhancements to be made to the Election process will result in
promoting accessible voting opportunities and the supply of timely election night results.
Respectfully submitted:
G7 q
I Janette Teeter Marie Brissette Jen Jermey
of Corporate Deputy Committee Records
/Clerk Clerk Co- ordinator Clerk
SMT Approval / Comments: I C.A.O. Approval / Comments:
Corporate Services — Clerk's Office October 2, 2013
Report No. CS2013 -19 Page 7 of 7
Page 57 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
2M
1sas zou TRADITIONAL PAPER COUNT
nNsnrev
Pros
Cons
Comments
-Traditional voting
• Electors required to go to voting
-Accuracy of count -
•AII ballots counted
location
(subjective)
at 1 location
• Labour intensive - additional
-Slow/Late results
-Audit
volume of voting locations /support
-Scrutinizing of voting and
trail /provision for
staff
counting
recount
• Ballots cannot be counted until 8
• Can be difficult to staff
• Fewer voting
p.m.
purchase or lease
locations /election workers
-Votes counted by hand - accuracy
• Secrecy folders
• Earlier election night results
may be questioned
provided to elector for
-Audit trail for recount
-Training on counting of ballots
privacy of the vote
isaz — zm.:
AMCTO 75th AGM - June 2013
VOTE TABULATION EQUIPMENT-
__ CENTRAL COUNT
Pros
Cons
Comments
-No manual counting
-Electors attend voting location
•Check /Test ballots
• Permits scrutinizing of
to cast votes
provided by vendor
voting location processes -
• Uncounted ballots transported
carefully
not the counting except
to central count
• Mark with special
duplication process (re -mark
• More labour intensive than
type of pen /marker?
of ballots)
voting location count, less than
-Available for either
• Fewer voting
a paper ballot
purchase or lease
locations /election workers
• Results not available at voting
• Secrecy folders
• Earlier election night results
location
provided to elector for
-Audit trail for recount
• Space to store machines
privacy of the vote
• Similar to traditional voting
• Election Day - large secure
• Settings - vote mark
-All ballots counted at 1
space required to tabulate
tolerance, accept or
location
ballots/ accommodate election
reject an undervote
staff, ballots and scrutineers
/overvote /blank ballot.
AMCTO 75th AGM - June 2013
Page 58 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
r VOTE TABULATION EQUIPMENT-
1938 - 20U VOTING PLACE
Pros
Cons
Comments
• Eliminates manual counting
• Electors must go
• Check/Test ballots
• Permits scrutinizing of voting location
to the voting
provided by vendor
processes - not the counting
location to cast
carefully
-Voting location results can be printed for
votes
-Available for either
scrutineers
• Require space to
purchase or lease
• Fewer voting locations /election workers
store /prepare
• Secrecy folders
• Early election night results
equipment for
provided to elector
• System can be programmed to tell elector
Election Day
for privacy of vote
about over /under voted /cast a blank ballot -
time
• Settings - vote
opportunity to re -mark a new ballot - no
-Labour intensive
mark tolerance,
spoiled ballots
-Roles of candidates/
accept or reject an
-Audit trail /provision for recount
scrutineers change
undervote
-Similar to traditional voting
•S oiling of ballots
/overvote /blank
ballot
AMCTO 75th AGM - June 2013
aWf MAIL IN WITH MANUAL COUNT
Pros
Cons
Comments
*Anytime, anywhere voting
-Unsupervised voting
• Need accurate VL & revision
during the voting period
-Voting kit may be stolen
process
(longer period)
-Ballots counted after 8
• Exposure to mail disruption
• No traditional advance
p.m. by hand - final results
-Potential increase in turnout
voting/ proxies
late, accuracy concerns
-Voting kit components, Kits
-Audit trail for recount
•CP mail out with ballot
sent 1st class & business reply
-No voting locations -
must be accurate &
for return ballots
reduced staffing
returned ballots rec'd on
-Require program to remove
-Elector may drop off ballot
time
names from VL as returns rec'd
to central location
-Labour intensive
-Discuss timely delivery of
-Roles of candidates/
envelopes with CP
scrutineers change
-Kits produced by system
•S oiling of ballots
provider
AMCTO 75th AGM - June 2013
Page 59 of 102
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
MAIL IN WITH TABULATION
Pros
Cons
Comments
-Accurate count
-Unsupervised voting
•Need accurate VL & revision
-No voting locations -
-Voting kit may be
process
reduced staffing
stolen
• Exposure to mail disruption
• Elector may drop off ballot to
• CP mail out with
• Potential increase voter turnout
central location
ballot must be
• Kits sent 1 st class & business
-Anytime, anywhere voting
accurate & returned
reply for return ballots
during voting period (longer)
ballots rec'd on time
. Discuss timely delivery of
• No advance voting /proxies
• Ballot marked with a
envelopes with CP
-Audit trail for recount
pen /pencil tabulator
-Require program to remove
• Feed ballots as rec'd -
will read
names from VL as returns rec'd
tabulation in central location,
*Roles of candidates/
.Consider receiving locations on
but no totals til after 8 - quick
scrutineers change
Election Day
results
-Spoiling of ballots
-Kits produced by rovider
AMCTO 75th AGM - June 2013
INTERNET
Pros
Cons
Comments
.Accurate count
-Perception of vulnerability
-Access to computers -alt.
• No voting locations -
- hacking
voting location
reduced staffing
• Unsupervised voting
• If VL networked at the
-Anytime, anywhere voting
-Voter card may be stolen
voting locations, internet
during the voting period -
• Roles of candidates /
could be used right up to &
longer
scrutineers change
including Election Day
• No traditional advance
-Not everybody will be
•VL must be accurate
voting /proxies
able to vote over the
• Due diligence - security,
• Results 10 -20 min. after 8
Internet - computer
use of technology may be
p.m.
speed & security level
required
• No over votes
• Exposure to mail disruption
-Audit trail
(PINs)?
AMCTO 75th AGM - June 2013
Page 60 of 102
N+nmasrW
99'8 -2013
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
TELEPHONE
Pros
Cons
Comments
-Accurate count
• System maybe perceived
• Due diligence— call volume on
-Easier access
as vulnerable to hackers
Election Day, hacking
-Anytime, anywhere
-Unsupervised voting —
•VL must be accurate
voting during the
dependent upon voters'
-Avg time to vote is impacted by
voting period
list accuracy
# of races /candidates /question
• No traditional advance
• Voter card maybe stolen
• Elector cannot see names of
voting /proxies
and get into another
candidates — electors
• Results within 10 -20
person's hand (mail fraud)
encouraged to keep voter info.
min. on Election Day
• Long distance charges —
pkg /list of candidates
after 8p.m.
(1 -800)
-Exposure to mail disruption
• No subjectivity relating
• Roles of candidates /
(PINs)?
to count/recount
scrutineers change
-Elector cannot see names of
• No overvote
candidates — electors encouraged
AMCTO 75th AGM - June 2013
COMBINED - INTERNET AND
f',93-8-2013Y TELEPHONE
Pros
Cons
Comments
-Accurate count
-System may be
-Access to computers
-Anytime, anywhere
perceived as
• Due diligence — call volume,
voting during the voting
vulnerable to hackers
security of system
period
• Unsupervised voting
• If VL networked at voting location,
-No advance
-Voter card may be
internet could be used Election
voting /proxies
stolen
Day
• Quick results after
• Long distance charges
• List must be accurate
8p.m.
(1 -800) number
-Provide alternate locations for
• No voting locations -
• Role of the candidates
electors to vote
staffing requirements
/ scrutineers change
•Avg time to vote is impacted by #
• No over votes
of races /candidates /question
-No subjectivity relating
-Elector cannot see names of
to count/recount
candidates — electors encouraged
to keep voter info. pkg /list of
candidates
AMCTO 75th AGM - June 2013
Page 61 of 102
,938 -2013
10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat...
TOUCH SCREEN
Pros
Cons
Comments
-Accurate count
-Costly to provide enough
-Test equipment /programming
-No over votes (rejected
touch screens to eliminate
carefully
ballots) /warns on
voting line -ups
• Set up of the voting location
undervote or blank ballot
• Need to sufficient backup
- outlets, trip hazards,
• Larger ballot text
equipment or other voting
screen glare /reflection
size /audio ballot/ easier to
options
• Conduct a voter awareness
mark a ballot
• Electors may leave voting
campaign - pre - election
• Early election night results
screen before casting vote -
demos on use of equipment
• Election results available
process management is vital
-Available to purchase or
at the voting locations
• Pre - voting day prep
lease
• Reduce election staff
- May generate negative media
• Concerns re paper trail
-Convenience for electors if
attention, potentially
combined with vote
discouraging voters
anywhere
,ssa -2013
AMCTO 75th AGM - June 2013
ON -LINE VOTERS' LIST
Pros
Cons
Comments
• Facilitates vote anywhere
-Training of staff
• Lends itself well to
• Identifies potential
• Amendments to VL -
revision submission to
duplicates, address errors
paper transcribed into
MPAC
-Speeds up voter
database
• Request increased
processing, if used with
-Could be viewed as VL
frequency of back up if
scanner /bar code of VNC
after election if
used live/ availability of
• Utilized to record returned
maintained between
paper in case of loss of
declaration forms for mail
elections
power
in
-Adequate power
-Facilitates voter look up
supply /internet
(on VL or not)
connection - if live
AMCTO 75th AGM - June 2013
Page 62 of 102
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0 Township of
Prond HerittWe, Excithig Future
THANKSGIVING HOLIDAY OFFICE CLOSURE
The Township of Oro - Medonte offices will be closed on
Monday, October 14th
in recognition of the Thanksgiving Holiday.
The offices will re -open on Tuesday, October 15th
for regular business hours.
We wish all residents and visitors a safe and
happy long weekend.
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12.a) Announcements of Interest to the Public:Thanksgiving H...
WEDNESDAY. OCTOBER
COMMUNITY CHURCH
� 7:30AM .-9:3OA4--
SUCCESs AHEAD! MAP YOUR FUTURE GROWTH
Learn from business service organizations:
- Financing for your business
- Employee training opportunities
- Planning for growth
Find out about the Township's Official Plan Update process
and how businesses can play a role
N/ Network with other small business owners and enjoy a
free continental breakfast
RSVP to Donna Hewitt at 705 - 487 -2171 or dhewittworo- medonte.ea by October lath
IN SUPPORT OF:
BDC SMALL BUSINESS WEEKTM #SBW2013
Page 64 of 102
12.a) Announcements of Interest to the Public:Thanksgiving H...
Huronia
Nurse Practitioner -Led Clinic
NOW ACCEPTING
PATIENTS
The Huronia Nurse Practitioner -Led Clinic
provides primary health care services
and preventive care to people of all ages.
Whether you need to have a complete
physical or need to visit us with a minor
illness or to manage a chronic or complex
illness, the clinic is here for you or your
family.
Call the clinic directly to begin the
registration process at 705 - 835 -7545
or visit our website at www.huronianplc.ca
for more information.
•
r
We are located in
Horseshoe Valley, Oro - Medonte
3331 Line 4 North, RR. #1
Shanty Bay, ON LOL 2L0
c .
Page 65 of 102
13.a) Correspondence dated September, 2013 from Dennis Purce...
Bancroft & Hastings Highlands Disaster Relief Committee
Hastings Highlands Municipal Office
33011 Hwy 62 North, Maynooth, On KOL 2s0
M ' .
�osx�[ea�,��;
September 2013
Dear Council Head and Members of Council
On May 16, 2013, the Minister of Municipal Affairs and Housing, in response to local council motions,
declared the Town of Bancroft and the Municipality of Hastings Highlands as disaster areas for the
purpose of the Ontario Disaster Relief Assistance Program (ODRAP)
The Town of Bancroft and the Municipality of Hastings Highlands experienced flood conditions during the
last weekend of April, caused by heavy rain falls in addition to the spring thaw. This flood led to severe
infrastructure damage to homes and small businesses, as well as the temporary closure of schools and
businesses in both municipalities.
A Disaster Relief Committee has been appointed in accordance with the requirements of ODRAP in order
to coordinate both fund - raising efforts and to adjudicate claims from private residents, farmers and small
businesses that were impacted by the flood.
The Committee has set a financial goal of $87,500 and is making measurable gains towards meeting it by
the fundraising campaign deadline of October 31, 2013. This $87,500 goal was established following
preliminary assessments by the Provincial Disaster Assessment Team. Under ODRAP, the province will
top up funds raised to the amount that is needed to pay eligible claims at 90 per cent up to a maximum of
$2:$1 ratio. Claims for financial support will continue to be submitted until August 30, 2013.
The Bancroft and Hastings Highlands area is predominately rural in nature and is not densely populated.
For that reason, we know that the $87,500 goal is a challenging one but we are working extremely hard
towards that end and are confident we can reach it. Our fundraising campaign began less than a month
ago and early results are encouraging. For your information, I am enclosing a copy of our brochure which
is a living document and will evolve as events are completed and new initiatives roll out.
On behalf of the Bancroft and Hastings Highlands Disaster Relief Committee, I am asking municipal
councils across the province to support our fundraising efforts by making a donation to this worthy cause.
Contributions in any amount will be gratefully received.
Cheques should be made out to Bancroft and Hastings Highlands Disaster Relief Committee and mailed to
the Municipality of Hastings Highlands at 33011 Highway 62 N, PO Box 130, Maynooth, ON KOL 250.
Yours truly
en�u6 rrr�e�i
Dennis Purcell
DRC Chair
SEP 17 201$
ORO- iViEDC)iv E
7'OWi�i�t-iIP
Page 66 of 102
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Disaster Relief
The Bancroft and Hastings Highlands
Disaster Relief Committee has been
established to respond to community
need after severe flooding in April
caused significant damage in Bancroft
and Hastings Highlands.
This is a joint effort between The Town
of Bancroft and The Municipality
Hastings Highlands which has been
appointed in accordance with the
Ministry of Municipal Housing and
Affairs.
Following an assessment by the
Ministry of Municipal Housing and
Affairs, the Bancroft and Hastings
Highlands Disaster Relief Committee has
set a financial goal of $87 Soo which we
are seeking to raise by October 31, 2013.
The province tops up private funds
raised to the amount that is needed to
pay eligible claims at go per cent, up to a
maximum of $2:$t ratio.
REQUEST FOR SUPPORT
The Bancroft and Hastings Highlands Disaster
Relief Committee is
appealing to businesses,
municipalities, and
community organizations
to provide financial
assistance in support of
2013 flood victims. The
needs in our region
continue to be on -going
and substantial.
COMMUNITY EFFORTS
Many fundraising efforts have occurred and
together the cemmnunity has raised over $1i,000
for flood victims in our region.
Notable donations include $5000 from the
Insurance Bureau of Canada; $yoo from the
Bancroft & Area Community Policing Advisory
Committee; and $300 from the Papi ueaa Lake
Community Association.
The financial needs in Bancroft and Hastings
Highlands, however, continue to be greater than
the funds raised.
Tax receipts are available upon request.
PRODUCT SALES
Two styles oft- '
shirts are
available for
B2o at the
Hastings
Highlands All
Public Library.
These use images created by local artists Arne
Roosman and Ren Lonechild.
ED ROBERTSON CONCERT
Ed Robertson of Barenaked Ladies will be joined
by Mary Milne, at
the Village
Playhouse in
Bancroft for a
conceit in support
of flood relief, on
September 27.
2013. Tickets for
this concert have sold out and the committee is
actively seeking in -kind gifts to support a silent
auction. donations of products and services are
being received by the Municipality of Hastings
Highlands.
—Photo credits : Diane Hannah
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CLAIMS APPROVALS
MAKE A DONATION
Applications for funding assistance have been avail-
Bancroft &
able, over the course of the summer, through the
Donations are eligible for a tax receipt, issued
Ontario Disaster Assistance Relief Program
Hastings
by the Municipality of Hastings Highlands.
(ODRAP).
Highlands
Applicants were able to acquire these forms, in per-
► ► I would like to make a donation:
son and on -line, from both municipal offices. The
Disaster Relief
deadline to submit applications was August 30,
20$_ 5o$ _$loo Other
2013•
Multiple applications, from both municipalities, have
_
Name:
been adjudicated and multiple approvals for advance
fundinghave occurred.
Address
!
This advance funding is critical for residents, who
f
continue to live with the consequences of the flood
-
today.
Telephone a
Bancroft and Hastings Highlands
A,
Disaster Relief Committee
Email:
Municipality of Hastings
Highlands 33011 Hwy 62 N
Date:
P.O. Box 130, Maynooth, ON
KOL 2SO
Please make cheque payable to the Bancroft &
iii.
Hastings Highlands Disaster Relief Committee
and send to the Municipality of Hastings
Highlands.
❑ I require a tax receipt.
Thank you for your support!
- - - - - 0 ---------------- - - - - --
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You are invited to join us on Thursday, October 10, 2013 to hear
from physicians, staff and patients about what makes OSMH an
outstanding regional hospital and valued resource in our community.
i
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SOLDIERS' I9
4.
4.
osnnpFOUNDATION
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Greg Gee, Chair of the Board of Directors
and Elisabeth Riley, President & CEO
cordially invite you to a special evening that
will enlighten and inform with insight from
patients, physicians and staff,
Thursday, October 10, 2013
Hawk Ridge Golf Club,
1151 Hurlwood Lane, Orillia, ON
7:00 pm - Mix & Mingle
(Complimentary Refreshments)
7:30 pm - Presentations
8:45 pm - Informal dialogue
with OSMH staff, physicians
& Board members
Not a fundraising event.
Please R.S.V.P. to: info@osmh.on.ca
by Friday, October 4, 2013
*L pola��aDo osm[n
SOLDIERS' MEMORIAL FOUNnATioN
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15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -179
A BY -LAW TO AMEND ZONING BY -LAW 97 -95, AS AMENDED
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is
empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the
Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to amend the zoning provisions of By-
law 97 -95, in accordance with the policies of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
enacts as follows:
1. Section 5.20.2.2 — Width of driveways leading to a parking area or a lot, is hereby
amended by deleting "shall be a minimum of 6.0 metres (19.6 feet) in width for one -
way traffic and a minimum of 12.0 metres (39.4 feet) in width for two -way traffic" and
replaced with the following "shall be a minimum of 3.6 metres (11.8 feet) in width for
one -way traffic and a minimum of 6.7 metres (22.9 feet) in width for two -way traffic ".
2. Section 5.32 — SETBACK FROM SLOPES, is hereby amended be adding the words
"of the top -of- bank" after "23 metres (75 feet)" and deleting the words "or 3 to 1." at
the end of the sentence.
Add the following sentence after the first sentence of Section 5.32: "Be advised that
if the slope is located in a registered Plan of Subdivision where the overall lot
grading of the subdivision was approved by the Township Engineer, the 23 metre
setback from the top -of -bank of a slope or embankment that exceeds 33% does not
apply."
3. Section 5.35 — SWIMMING POOLS, is hereby amended by adding the following new
sentence at the end of Section 5.35, "Notwithstanding the above, swimming pools
are permitted in the front yard of a Agricultural /Rural Zone provided the pool is
located on a lot which has a minimum lot area of 2.0 ha and the pool has a minimum
required front yard of 8.0 metres.
4. Section 6.0 — Definition for "STRUCTURE" is hereby amended by deleting the
following words from the definition: "a fence that has a height of 1.8 metres (5.9 feet)
or less, ".
5. Table A3 — INDUSTRIAL ZONES PERMITTED USE is amended by adding
"Accessory Outdoor Storage" as the new "A use" in the Zone — Use column.
Accessory Outdoor Storage will be added as a Permitted Use in the Rural Industrial
(IR) and Economic Development (ED) zones as identified in Section 5.3. The
remanding alphabetical order of uses will be re- ordered after the introduction of the
new use "Accessory Outdoor Storage ".
TABLE A3 — INDUSTRIAL ZONES
PERMITTED USES
Page 71 of 102
Zone
IR
LI
ED
AP
WD
RURAL
LOCAL
ECONOMIC
AIRPORT
WASTE
INDUSTRIAL
INDUSTRIAL
DEVELOPMET
DISPOSAL
USE
A
Accessory
Outdoor
Storage
B
Agricultural
♦(3)
(new
support
alphabetical
uses
order for the
rest of the
uses )
Page 71 of 102
15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended.
6. Table A4 - THE AGRICULTURAL /RURAL ZONE AND THE MINERAL AGGREGATE
RESOURCE ZONE PERMITTED USES is amended by deleting "K Home industries"
as a permitted use in the A/RU Agricultural /Rural Zone column and the MAR2 Mineral
Aggregate Resource Two Zone column. The remanding alphabetical order of uses
will be re- ordered after the deletion of "Home industries ".
7. Remove the Holding (H) symbol from the following properties zoned Residential
Limited Services (RLS) Zone, Residential Limited Services (RLS *2) Zone and
Residential One (R1) Zone located on the following Schedules:
1) Properties on Barrie Terrace located on Schedule Al
2) Properties on Trafalgar Drive located on Schedule Al
3) Properties on Balsam Lane located on Schedule A3
4) Properties on Forrester Road located on Schedule A3
5) Properties on O'Connell Lane on Schedule A5
6) Property on Sophia Avenue located on Schedule A5
7) Properties on Orr Road located on Schedule A5
8) Properties on Orillia Road located on Schedule A5
9) Properties on Grandview Crescent located on Schedule A5
10) Properties on Mitchell Road located on Schedule A5
11) Properties on Poplar Crescent located on Schedule A5
12) Properties on Shewchenko Road located on Schedule A6
13) Properties on Karpatian Place located on Schedule A6
14) Properties on Bassarab Place located on Schedule A6
15) Properties on Franko Street located on Schedule A6
16) Properties on Hlynka Place located on Schedule A6
17) Properties on Sokil Road located on Schedule A6
18) Properties on Mazepa Place located on Schedule A6
19) Properties on Taras Boulevard located on Schedule A6
8. The following is a list of editorial text changes including numbering and typographical
changes which are necessary, however do not impact or change the intent of the By-
law.
1) Page 3, Sentence 7, third bullet, after the word "Authority" add "and Lake
Simcoe Region Conservation Authority, ".
2) Page 4, second sentence of "Minimum required front yard ", after the word
"front" delete "tot" and replace it with the word "lot ".
3) Page 4, second sentence of "Minimum required rear yard ", after the word
"rear" delete "tot" and replace it with the word "lot ". Third sentence of
"Minimum required rear yard ", after the word "front" delete "tot" and replace it
with the word "lot ".
4) Page 6, NON COMPLYING BUILDINGS AND STRUCTURES, end of the
third paragraph, after the words "Committee of add the word "Adjustment."
5) Page 8, OTHER ZONES, sentence 1, after Agricultural /Rural delete "(AIRU)
and replace it with "(A/RU) ".
6) Page 11, TABLE OF CONTENTS, SECTION 2 — ESTABLISHMENT OF
ZONES, subsection 2.1, after the word "Zones" delete the number "3 ".
7) Page 11, TABLE OF CONTENTS, SECTION 3 — PERMITTED USES,
subsection 3.1, after the word "Zones" delete the number "5 ".
8) Page 12, APPENDICES, Appendix 1, delete "BS" and replace it with "135 ".
9) Page 12, APPENDICES, Appendix 6, delete "tot" after the words "corner and
parallel" and replace it with the word "lot ".
10)Page 12, APPENDICES, Appendix 7, delete "tot" after the word "curved" and
replace it with the word "lot ".
11)Page 12, APPENDICES, Appendix 8, delete "tot" after the words "irregular
and rear" and replace it with the word "lot ".
12)Page 16, SECTION 3.0 PERMITTED USES, Subsection 3.1 ZONES, in the
wording for the title of Table A5, add the words "Private Recreation," in
between "Open Space" and "Institutional ".
13)Page 16, SECTION 3.0 PERMITTED USES, Subsection 3.1 ZONES,
paragraph at the end of the page, delete "letter `X' in the first sentence and
delete "symbol `X' " in the second sentence and replace both of them with the
"symbol ♦'.
Page 72 of 102
15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended.
14)Page 17, Table Al and Page 19, Table A3, delete all the symbols in the
Tables and replace them with the "symbol ♦ ".
15)Page 21, add the words "Private Recreation," in between "Open Space" and
"Institutional" in the title of Table A5.
16) Page 26, add the title "TABLE 133" above "STANDARDS FOR INDUSTRIAL
ZONES ".
17) Page 73, Section 7.20, Exception *20, delete "PLAN 381" and replace it with
"PLAN 51 M- 381, ".
18) Page 74, Section 7.28, Exception *28, delete "LOT 12," and replace it with
"PLAN M- 174, ".
19)Page 83, Section 7.59, Exception *59, delete "LOT 12," and replace it with
"PLAN M- 174, ".
20)Page 88, Section 7.88, Exception *88, delete "PART 20, PLAN M -381" and
replace it with "LOT 20, PLAN 51 M- 381, ".
9. This By -law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY
OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 73 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -181
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)
And to Repeal By -law No. 2011 -091
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:
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. That the Clerk, or his /her designate, is authorized to revise the attached
Schedule `A' as deemed appropriate. Such revisions shall be documented
accordingly, and the revised document shall be publicly available;
Page 74 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
That By -law No. 2011 -091 is hereby repealed in its entirety;
4. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY
OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 75 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
11459
AUTHORIZED REQUESTER
AGREEMENT
BETWEEN
HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO, as represented
by the Minister of Transportation
AND 4
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
Page 76 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-1-
AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made as of the 22nd day of August, 2013 (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.
"ARTS" 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:
Page 77 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-2-
(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,
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 cost's 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 -I of Schedule "A ".
"Licensed Information Response" means the Licensed Information (or other response such as "no
information available ") transmitted or delivered by MTO to the 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.
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"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 under this
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 3.1(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 Government of Ontario) is and shall at all times
remain the sole owner of all right, title and interest in the Licensed Information, including all intellectual
property rights (such as copyright) and other proprietary rights and trade secrets. Accordingly, the Grant
is not, and shall not be deemed to be, a transfer, sale or disposition of any or all of MTO's right, title or
interest of any kind in the Licensed Information.
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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 of the Licensed Information at any time.
(b) Upon implementation by MTO of any of the changes contemplated in section 2.3(a)
above, all references to "Licensed Information" in this Agreement shall be deemed to
be amended to reflect such changes.
2.4 No Guarantees or Warranties.
The 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 party provides to the other, at least thirty (30) days before the expiry
of the then current term, written notice of that party's intention not to renew;
(ii) if requested by MTO, prior to such renewal the 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
itta
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 ".
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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.
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 Term 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 manner
whatsoever, any Personal Information contained in, or obtained from, the Licensed
Information. This section shall not, however, apply with respect to any specific
Personal Information which the 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
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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 are
permitted access to such Confidential Information strictly in accordance with Article
8);
(b) reproduce or make Copies, or permit any third party to reproduce or make Copies, of
any 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 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
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.
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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
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 Information in a physically 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 be Confidential Information. Any Passwords shall be deemed to be
"Confidential Information" for the purposes of this Agreement.
(b) No Disclosure to Third Parties. For the avoidance of doubt, the 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 Staff who:
(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
8.
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).
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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
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:
W 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.
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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.
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 warrants 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.
ARTICLE 8
AUTHORIZED STAFF
8.1 Listed in Part A -2 of 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.
The 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.
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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
415
„
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 Requester's 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.
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
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upon the Requester, unless the Requester otherwise notifies MTO before MTO responds to or makes any
use of that Licensed Information Request.
ARTICLE I1
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 o v
nrs
12.1 Review and Re- Verification Annually and as Required by MTO.
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 internet 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 ARIS.
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.
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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:
Pentiutn 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.
(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.
Page 88 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
ME
ARTICLE 15
INDEMNITY AND LIMITATION OF LIABILITY
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
furnished 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
DAMAGES OR LOSSES.
(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(c) 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.
Page 89 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-14-
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;
(f) 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;
W 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:
W terminate this Agreement;
(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.
Page 90 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-15-
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
18.1 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, nothingiin 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.
(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.
Page 91 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-16-
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 Agreemenf,
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 and 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 volontd que cette convention de m @me que tons let documents, y compris tons
avis, s'y rattachant, soient xejg4s.; 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) _ J 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:
(i) begin on the first day after the event that began that period, and
(ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings Time,
#s the case may be) on the last day or Business Day, as the case may be, of
t�triod.
(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.
Page 92 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
-17-
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, Directo , 'c using Services ranch
By:
Wilma Piovesan
Manager, Information Management Services Oversight
Office
Date
20 1-3
REQUES
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By:
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Title,
Date-,
I have the authority to bind the organization.
Page 93 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
SCREDULE "A"
SPECIFICATIONS
Part A -1
A. Licensed Information:
PLT004 - Plate/VIN by Date Abstract with Address
Authorized Use(s)
AU15 - Government use for program delivery where authorized by statute.
To enforce the following By -laws: 1997 -095, Section 5.25 of Comprehensive
Zoning By -law; 2010 -075, Regulate Signs and other Advertising Devices;
2010 -076, Land in a Clean and Clear Condition; 2011 -030, Regulation of the Place
and Use of Elections Signs; 2010 -189, Off Road Vehicles; 2013 -126, License
and Regulate Refreshment Vendor; 2008 -159, Removal and Piling of Snow;
2005 -133, Smoking in Public Places; 2011 -177, Appendix A of License and
Control of Canines; 2012 -143, Towing By -law as amended; 2012 -167, Noise By-
law; 2012 -180, Prohibit Heavy Truck Traffic on Certain Highways; 2012 -067,
Fireworks By -law; 2012 -183 Municipal Parkland By -law; where a vehicle is used
in the commission of the offence and excluding parking offences under POA Part
II.
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)
Security Provisions and Standards:
Security Provisions: The administration offices are locked and monitored by an extemally
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 username and Password protected.
Page 94 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
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
Oro, ONTARIO
LOL 2X0
CANADA
Attention: Mr. Douglas Irwin, Clerk
Telephone: (705) 487 -2171 x0
Facsimile: (705) 487 -0133
B. List of Authorized Staff.
Mr. Robert Belsey, Municipal Law Enforcement Officer
Mr. Douglas Irwin, Clerk
Mr. Curtis Shelswell, Chief Municipal Law Enforcement Officer
Ms. Jennifer Jermey, Records Clerk
C. List of Authorized Premises:
Account: 11459 -001
Account Contact: Irwin, Douglas (Mr.), Jermey, Jennifer (Ms.)
Physical Address:
148 Line 7 S
Oro, ONTARIO
LOL 2X0
CANADA
Page 95 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
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:
AU 15 - Government use for program delivery where authorized by statute.
To enforce the following By -laws 1997 -095, Section 5.25 of Comprehensive
Zoning By -Law; 2010 -075, Regulate Signs and other Advertising Devices;
2010 -076, Land in a Clean and Clear Condition; 2011 -030, Regulation of the
Place and Use of Elections Signs; 2010 -089, Off Road Vehicles; 2013 -126
License and Regulate Refreshment Vendor; 2008 -159, Removal and Piling of
Snow; 2005 -133, Smoking in Public Places; 2011 -177, Appendix A of License
and Control of Cannies; 2012 -143, Towing By -law as amended; 2012 -167,
Noise By -law; 2012 -180, Prohibit Heavy Truck Traffic on Certain Highway;
2012 -067, Fireworks By -law; 2012 -183 Municipal Parkland By -law; where a
vehicle is used in the commission of the offence and excluding parking
Offences under POA Part II.
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
Page 96 of 102
SCHEDULE "C"
FEESCHEDULE
Subject to Licensed Information product(s) and Authorized Use(s) specified in Part A -1 of Schedule "A ".
Fees subject to change without notice.
Connectivity:
The connectivity costs will include a one time set -up fee of $250.00 for a Personal Computer (PC) connection. In addition, there will be recurring and usage charges for all hardware, software,
and services required to connect to and use ARTS.
Government Price Schedule
No per - transaction fees apply.
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15.b) A By -law to Authorize the Execution of an Agreement be
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 Requester's 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.
Page 98 of 102
15.b) A By -law to Authorize the Execution of an Agreement be
7. Requester Co- operation.
The Requester shall fully co- operate with MTO in facilitating the conduct of any Audits contemplated
in section 1, including providing such access, documentation, information, copies of documentation and
information, and assistance as MTO may reasonably request for the purpose of such Audits.
8. Duration of Audit Rights.
MTO's Audit rights as contemplated in section 1 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 five (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 (c), 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 1 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.
Page 99 of 102
15.c) A By -law to Amend By -law No. 2011 -013, Being a By -law ...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -182
A By -law to Amend By -law No. 2011 -013,
Being a By -law to Govern the Proceedings of the
Committee of Adjustment in the
Township of Oro - Medonte
WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that every municipality and local board shall pass a procedure by -law for
governing the calling, place and proceedings of meetings;
AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, states that the procedure by -law shall provide for public notice of meetings;
AND WHEREAS pursuant to subsection 54(2) of the Planning Act, R.S.O., 1990, c.P.
13, as amended, the authority for the giving of consents as defined in Section 50 of the
Act may be delegated by the Council to a Committee of Adjustment;
AND WHEREAS pursuant to subsection 54(2.1) of the Planning Act, R.S.O. 1990, c.P.
13, as amended, the delegation of authority for the giving of consents is deemed to
include authority to give approvals under subsection 50(18) and to issue certificates of
validation under section 57 of the Act;
AND WHEREAS Section 45 of the Planning Act, R.S.O. 1990, c.P. 13, as amended,
establishes the authority of the Committee of Adjustment to authorize Minor Variances
from a by -law in effect under Section 34 and passed under Section 38;
AND WHEREAS pursuant to subsection 54(7) of the Planning Act, R.S.O. 1990, c.P.
13, as amended, a delegation of authority made by the Council may be subject to such
conditions as the Council by by -law provides;
AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to
Constitute a Committee of Adjustment.
AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to
Govern the Proceedings of Council and Committees /Technical Support Groups of
Council in the Township of Oro - Medonte under the authority of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, Section 238(2);
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did
on the 2611 day of January 2011, adopt By -law No. 2011 -013, being a by -law to govern
the proceeds of the Committee of Adjustment in the Township of Oro - Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte does
not deem it expedient to amend the commencement hour of the Committee of
Adjustment meetings;
Page 100 of 102
15.c) A By -law to Amend By -law No. 2011 -013, Being a By -law ...
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Section 3.0 b) of Schedule "A" to By -law No. 2011 -013 be deleted in its
entirety and replaced with:
"b) The regular schedule of meetings for the Committee shall be on the third
Thursday of each month commencing at 9:30 a.m. or on such other day and /or
time as may be determined from time to time."
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY
OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 101 of 102
18.a) Being A By -Law to Confirm the Proceedings of the Counc...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -180
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, October 2, 2013
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,
October 2, 2013, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte.
3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to
execute and affix the corporate seal to all necessary documents.
4. And That this by -law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND
DAY OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 102 of 102