1994-143 To authorize the Execution of a Site Plan Control Agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEOONTE
Site Plan Control
BY-LAW NO. 94-143
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
REAS By-Law No. 90-32, a By-Law to Designate Parts of the
owns hip as Site Plan Control Areas was passed by Council for
he Township of Oro pursuant to the provisions of the Planning
ct, R.S.O. 1990 c. P. 13 as amended;
WHEREAS the lands referred to in this By-Law are subject
o Site Plan Control pursuant to By-Law No. 90-32;
WHEREAS authority to enter into Site Plan Control
greements is provided for in Section 41 of The Planning Act,
.s.o. 1990 c. P. 13, as amended and Council deems it
ecessary to enter into a Site Plan Control Agreement on the
ands described herein;
ow THEREFORE the Council for the Corporation of the Township
f Oro-Medonte hereby enact as follows:
1. That the Township enter into the Site Plan Control
Agreement attached hereto as Schedule "B" on lands
described on the attached Schedule "A";
2. That the Mayor and Clerk be authorized to execute
the Site Plan Control Agreement on behalf of the
Corporation of the Township of Oro-Medonte;
3. That the attached Schedules "A" and "B" shall form
part of this By-Law.
4. That this By-Law shall come into force and take
effect upon being enacted by Council.
a first and second time this 19th day of
October , 1994
a third time and finally passed this 19th
day of
I October
, 1994
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEOONTE
Drury
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Clerk, Darlene Shoebridge
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of ccr:
19 in accordance with Section 41 of the Planning Act.
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BETWEEN:
STANFRED HOLDINGS LTD.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
-and-
THE BANK OF NOVA SCOTIA
Hereinafter called the "Mortgagee"
PARTY OF THE THIRD PART
WHEREAS the owner has applied to the Township of Oro to permit
on lands described in Appendix "1" attached hereto:
AND WHEREAS the Township has enacted a By-law to provide for the
designation of the lands as a "Site Plan Control Area";
AND WHEREAS the owner intends to develop the lands in ~
with the Site Plan attached as "Appendix 2" attached hereto;
NOW THEREFORE This Agreement Witnesseth THAT in consideration of
the mutual covenants hereinafter contained, the parties hereto
hereby covenant and agree as follows:
I. COVENANTS BY THE OWNER
The owner covenants and agrees as follows:
a) The owner owns the subject lands described-in
Appendix "1" attached hereto.
b) This Agreement may be registered against title to this
subject lands and shall take priority over any
subsequent registrations against the title to the
subject lands.
c) No work shall be performed on the lands nor any use
made of the subject lands with respect to the
proposed development except in conformity with all the
provisions of the Agreement.
d)
The owner shall obtain all necessary permits and
approvals from the Township and from all Ministries
and Agencies, including, but not limited to the
County of Simcoe District Health Unit.
e) The Owner shall, prior to the execution of the
Agreement, pay all Municipal taxes and charges
related to obtaining the approval of these lands for
the intended use. .
e
g)
f)
The owner shall pay such reasonable costs as may be
involved to the Township in having its Solicitor,
Engineer, and Planner perform any work in connection
with this Agreement, including the preparation,
drafting, execution, and registration of this
Agreement. The Owner acknowledges and agrees that
the Owner shall be responsible for the cost of
performance of all the Owner's obligations hereunder
unless the context otherwise requires.
That there is presently one
registered against the title
in favour of the Mortgagee.
mortgage
to the subject property
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the
described on the site Plan.
b) That the Township agrees that subject to compliance
by the Owner with all relevant Municipal By-laws and
Provincial Statutes and Regulations, the Owner may
proceed to develop the subject lands as indicated on
the site Plan attached hereto as Appendix "2", subject
to the development restrictions contained herein.
3. COVENANTS BY THE MORTGAGEE
The mortgagee covenants and agrees as follows:
a) That registration of this Agreement against the title
to the subject property shall be made and the
Mortgagee agrees to postpone its mortgage interest in
the property to this Agreement.
4. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of
the subject lands by the Owner shall be on and subject to
the following terms and conditions:
a) site Plan
The use and development of the subject lands shall be
in accordance with and as set out on the site Plan
attached hereto as Appendix "2".
b) Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c)
/1 (IV
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Parkinq Areas and Drivewavs
All parking areas and driveways shall be
constructed, in conformity with Section 4.33 of By-law
No. P88-05, as amended and the ontario Building Code
Regulations 419/86 and such parking areas, loading and
access areas shall be kept free and clear of snow and
ice and kept adequately drained. All entrances shall
be constructed as in Appendix "2" attached. The
owner agrees to obtain all necessary approvals from
the Ministry of Transportation.
d) Outside Storaqe
No outside storage shall be permitted between any
buildings on the premises and any street. Any other
outside storage shall be contained in the fenced
compound as identified on Appendix "2".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for
garbage and waste and to install and maintain litter
containers in and around development on the lands.
All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f)
.
Landscapinq
The Owner shall complete all landscaping and
landscaped areas shown on the site Plan, attached as
Appendix "2" as soon as weather permits and all
grading and sOdding required according to any
Engineering drawings submitted, shall be done on all
lawn areas.
s. DEVELOPMENT CHANGES
6.
/1/1/
7.
.
The parties acknowledge and agree that there shall be
no changes to this Agreement or the Appendices
attached hereto unless and until such changes have
been approved in writing by all Parties.
SECURITY
As evidence of the good faith of the Owner and as
security for the performance by the Owner of its
obligations hereunder, the Owner undertakes and agrees
to post an irrevocable Letter of Credit and/or
certified Cheque issued by a Chartered Bank with the
Township of Oro being named as beneficiary for the sum
of ONE HUNDRED AND FORTY SEVEN THOUSAND SEVEN HUNDRED
AND SIXTY SEVEN ($ 147,767.00) DOLLARS. The Letter of
Credit must contain the following phrase: "It is a
condition of this irrevocable Letter of Credit that it
shall be deemed to be automatically extended, without
amendment for one year from the present or any future
expiration date." The amount covering the site Works
can be released upon inspection by the Municipality.
The cost of the landscaping shall be held for 3 years
from the date of the agreement. The Township
undertakes and agrees to release the Letter of Credit
three (3) years from the date of registration of this
Agreement, provided that there have been no violations
py the Owner of any of the Substantive terms of this
Agreement. This does not prohibit the Township from
releasing the Letter of Credit after the expiration
date of one (1) year from the date of the agreement
providing Council is satisfied that the terms of the
agreement have been satisfied.
COMPLIANCE
Any action taken by the Township or on its behalf,
pursuant to this Agreement shall be in addition to and
without prejudice to any security or other guarantee
given on behalf of the Owner for the performance of
its covenants and agreements herein and upon default
on the part of the Owner hereunder, the Township
shall, in addition to any other remedy available to
it, be at liberty to utilize the provisions of section
325 of the Municipal Act, R.S.O. 1980, Chapter 302,
as amended.
8.
CO-OPERATION
The Parties consent to the registration of this
Agreement by the Township upon the title of the
subject lands at the expense of the Owner and agree
to execute such further and other documents, consents
or applications as required for the purpose of
securing
registration and giving effect to the provisions of
this Agreement.
.
The Parties undertake and agree to co-operate with one
another with respect to the implementation of this
Site Plan Control Agreement.
9. BINDING EFFECT
This Agreement and everything contained herein shall
be binding upon the successors and assigns of the
Parties hereto and upon the lands described in
Appendix "I" attached hereto, such Appendix being a
legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved
and registered on title.
IO. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or
provision of this Agreement be declared by a Court of
competent jurisdiction to be invalid, the same shall
not affect the validity of the Agreement as a whole or
any part thereof, other than the provision so declared
to be invalid.
IN WITNESS WHEREOF, the Parties hereunto have a
respective seals under the hands of their pr
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L,QGM"''It' \
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Corporation of the
Township of Oro per:
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APPENDIX HI H
LEGAL DESCRIPTION OF LANDS
Concession 1, Part of Lot 41, Township of Oro-Medonte (former
Township of Flos), in the County of Simcoe
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APPENDIX "2"
TO THE SITE PLAN AGREEMENT
Site Plan is not in a registerable form and is available from
the Township of Oro offices.
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PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT
THIS AGREEMENT made this 13 th day of September, 1994,
.
BETWEEN:
HER MAJESTY THE QUEEN, in right of the
Province of Ontario as represented by the
Minister of Municipal Affairs,
referred to below as the "province",
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
referred to below as the "Municipality",
WHEREAS on January 24, 1994, the Province and
Canada entered into the Canada-Ontario Infrastructure Program
Agreement, which is appended to this Agreement as Schedule "An;
AND WHEREAS Canada and the Province are committed
to the renewal and enhancement of Canada's physical
infrastructure;
AND WHEREAS it is agreed that Canada and the
Province should invest in the renewal and enhancement of
infrastructure at the local community level;
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AND WHEREAS Canada and the Province agree that
sound investments in infrastructure can promote a competitive and
productive economy, generate valuable short and long-term
~ employment and accelerate economic recovery;
AND WHEREAS the Municipality is also committed to
working toward this shared goal of investing to improve public
infrastructure and the creation of employment;
AND WHEREAS the Municipality, by By-law 9~/-/Ljv!
dated (Jf~ /'1 ,199f and appended hereto as Schedule "B"
authorizes the Mayor, Reeve, Warden or Chair and the Clerk to
enter into this Agreement on behalf of the Municipality;
THEREFORE the Province and the Municipality agree
as follows:
1. Definitions
1.1 In this Agreement:
(a) "Canada" means Her Majesty the Queen in right of
Canada;
(b) "eligible costs" means those costs defined in section
4.1 of this Agreement;
(c) "fiscal year" means the period commencing April 1 of
any year and terminating on March 31 of the
immediately following year;
(d) "Management Committee" means the Management Committee
established pursuant to section 3.1 of Schedule "A";
- 3 -
(e) "Minister" means Minister of Municipal Affairs;
(f) "Parties" means Canada and the Province; and
(g)
"Project" means a project or projects approved by
Management Committee pursuant to section 3.5 of
Schedule "A" and as further described in Schedule
of this Agreement.
the
--
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2. Implementation
2.1 The Municipality shall implement and complete actual
construction of the Project described in Schedule "C" in
accordance with the terms and conditions set out in
Schedule "C" and in the body of this Agreement on or
before March 31, 1997.
2.2 (a) If at any time after this Agreement is entered into,
the Municipality becomes aware that it is or may be
in default on either the commencement date or the
completion date for the Project or the projected cash
flows for the project as set out in Schedule "C", the
Municipality shall give written notice immediately to
the Province, by registered mail, of the actual or
possible default.
(b) The notice shall contain the following information:
(1) detailed reasons and justification for the actual
or possible default; and
(2) the revised Schedule "C" setting out the new
commencement or completion dates, and projected cash
flows.
(c) The notice, upon receipt by the Province, shall be
deemed to be accepted unless the Province notifies
the Municipality immediately that further Management
Committee approval is required in order for the
Project to continue as a Project under this
Agreement.
2.3 The Municipality is solely and fully responsible for the
implementation of the Project including but not limited
to, the capital costs of the Project and the acquisition
of all land and interests in lands that are required for
the implementation of the Project.
2.4 The Municipality shall be responsible for obtaining all
approvals, permits and licences required by all statutes,
regulations and by-laws necessary for the implementation
of the Project.
- 4 -
2.5 The Municipality shall implement the project in compliance
with the laws of the Province of Ontario, including but
not limited to, labour, environmental, human rights and
occupational health and safety statutes and regulations.
. 2.6
3.
3.1
Upon completion of the implementation of the Project the
Municipality shall be responsible for all on-going costs
associated with the operation, maintenance and repair of
the project.
Tenders
The Municipality shall let all contracts relating to the
implementation of the Project in accordance with
purchasing policies of the Municipality or as otherwise
approved by the Council of the Municipality.
3.2 To the extent permitted by law the Municipality shall
ensure that when selecting a bid or proposal for work to
be done in respect of the implementation of the project
that a bid or proposal price preference of up to 10
percent on the Canadian content (all values added in
Canada) of the supplies, equipment and services will be
applied when comparing bids and proposals of Fifteen
Thousand ($15,000) or more, with the exception of cement.
4. Financial provisions
4.1 For purposes of this Agreement, "eligible costs" means all
direct costs properly and reasonably incurred and paid
solely and specifically in relation to this Project and
for greater certainty means:
(a) costs invoiced against a contract for goods and
services necessary for the implementation of the
Project;
(b) any other costs which are incurred and paid in the
course of implementation of the Project that are
recognized and determined as relevant by the
Management Committee;
(c) the salaries and wages of any employee of the
Municipality and other employment benefits of any
employee engaged solely and specifically for the
purpose of implementing the Project which costs have
been determined and approved by the Management
Committee, including the salaries and other
employment benefits of any municipal employee in
proportion to the employee's time solely and
specifically devoted to the Project;
- 5 -
(d) costs related to Project signage;
(e) contributions in kind which are recorded at the
lesser of fair market value or cost; and
.
(f) any other administrative costs not otherwise covered
in (a), (b), (c), (d) and (e) above, which have been
determined and approved by the Management Committee;
but shall not include costs which are for:
(g) services or works normally provided by the
Municipality or an agency thereof; and
(h) the cost of any lands or any interest in land.
4.2 (a) The Province shall contribute an amount not exceeding
one third (1/3) of the eligible costs of the Project,
and on behalf of Canada, shall contribute an amount
not exceeding a further one third (1/3) of the
eligible costs of the Project, and the final one
third (1/3) of the eligible costs of the Project
shall be contributed by the Municipality.
(b) If the Municipality receives grants or other
funding from Canada in addition to the funding set
out in this Agreement the Municipality may apply
those other funds to the Project however the
aggregate funding received from Canada from all
sources shall not exceed one third (1/3) of the
eligible costs of the Project.
(c) A Project is not eligible for funding under this
Agreement if the Project receives funding from the
Province under any provincial capital program.
- 6 -
5. Payment provisions
5.1
The Municipality shall submit to the Province its claims
for payment of the eligible costs of the Project which it
has paid or which it has been billed for but has not paid.
In all instances claims for payment shall be submitted on
or before March 31 of the year following the fiscal year
in which the cost was incurred, but no claim for payment
shall be submitted after March 31, 1998.
.
5.2 Where the Municipality in accordance with section 5.1
submits a claim to the Province for payment of eligible
costs for which it has been billed but has not paid, the
Municipality agrees to supply the Province with proof of
payment of that bill within 90 days of submitting the
claim to the Province.
5.3 In the event that the Municipality does not file the proof
of payment required by section 5.2, the Province may
withhold or reduce future payments to the Municipality;
5.4 The Province shall not be responsible for the payment of
any costs incurred before January 24, 1994 in relation to
the implementation of the Project regardless of when such
costs are billed to the Municipality.
5.5 The Municipality shall submit its claims for payment of
eligible costs to the Province on claim forms which will
be provided by the Province.
5.6 Subject to satisfactory review and approval of the claim
by the Province, the Province shall pay to the
Municipality the Parties' share of the eligible costs.
5.7 The Municipality shall submit with its final claim for
payment of eligible costs a Project Completion Report for
the project and the said Report shall be submitted on
forms which will be provided by the Province.
5.8 In the event that the Municipality does not submit a
Project Completion Report as required by section 5.7, the
Province shall withhold payment of the final claim.
- 7 -
6.
6.1
. 6.2
Financial Records
The Municipality shall keep separate financial records for
all amounts incurred, claimed, paid and received with
respect to the implementation of the Project.
The Municipality shall retain and preserve all documents,
contracts, records, claims and accounts that relate to the
implementation of the Project until March 31, 1999.
7. Public Information
7.1 The Municipality shall not make any public announcements
with respect to the approved Project without the prior
written consent of the Management Committee;
7.2 The public information described in section 10 of Schedule
"A", public announcements and official ceremonies
concerning the Project shall be developed and organized by
a joint federal-provincial communications committee in
consultation with the Municipality. Costs associated with
the public information, public announcement or official
ceremony shall be shared equally by Canada and the
Province.
7.3(a) At the request of Management Committee the Municipality
shall install at the appropriate location, and maintain
throughout the duration of the Project, one or more signs
indicating that the Project is an Infrastructure Project
undertaken under the auspices of the Canada-Ontario .
Infrastructure Program Agreement or bearing any other such
message approved by the Management Committee.
(b) The cost of the signage referred to in paragraph (a) is
considered an eligible cost for the purposes of section
4.1(d) of this Agreement.
7.4(a) At the request of Management Committee the Municipality
shall install, upon completion of the Project, where
feasible, a plaque or permanent sign bearing an
inscription approved by the Management Committee.
(b) The cost of the plaque or permanent sign referred to in
paragraph (a) shall be shared equally by Canada and the
Province.
- 8 -
7.5
All public information material related to calls and
tenders for the Project, including Project signage, shall
clearly and prominently indicate that funding was provided
under the terms of Schedule "A", and non-compliance by the
Municipality may result in the termination of such
funding.
87.6
(a) All public information material approved by the
Management Committee in relation to this Project shall be
in both English and French.
(b) Paragraph (a) does not apply to public information
material related to calls and tenders for the Project
unless the Municipality has passed a by-law pursuant to
section 14 of the French Language Services Act R.S.O.
1990, c.F.32, as amended or re-enacted from time to time.
8. Audit and Inspection
8.1 Upon reasonable notice from either or both Parties the
Municipality shall make available to either or both
Parties, and their respective auditors, all documents,
contracts, records, claims and accounts associated with
the implementation of this Project, for inspection.
8.2 Each of the Parties may inspect the amounts of all claims
in respect of the implementation of the Project, and all
documents, contracts, records and accounts, related to the
claims.
8.3 After completion of the implementation of the Project, the
Province may undertake a final accounting and audit of the
actual costs and may make appropriate adjustments in
accordance with the permitted eligible costs. The
Municipality shall immediately refund any overpayment upon
the Province's written request regardless of when the
overpayment is discovered.
8.4 If the Province, during its inspection of any of the
documents, contracts, records, claims and accounts
determines that any payment made by the Province has been
used by the Municipality for any purpose other than
implementation of the Project the Municipality shall,
immediately upon written request from the Province, remit
the amounts requested to the Province.
8.5 Upon written request from the Management Committee, the
Municipality shall provide the Committee with any
information which is available to the Municipality with
respect to the Project and which the Committee requires
for any purpose.
- 9 -
9. Indemnification
9.1
II
9.2
10.
10.1
11.
11.1
12.
12.1
The Municipality shall indemnify and save harmless the
Parties, their Ministers, officers, employees and agents
from and against all claims, demands, losses, costs,
damages, actions, suits or other proceedings by whomsoever
made, sustained, brought or prosecuted, in any manner
arising from any wilful or negligent act, or attributable
to anything done or omitted to be done in the
implementation, operation, maintenance and repair of the
Project.
If the Municipality enters into an agreement with a Third
Party for the purpose of implementing the Project, the
Municipality shall ensure that it is a term of that
agreement that the Third Party shall indemnify and save
harmless the Parties, their Ministers, officers, employees
and agents from and against all claims, demands, losses,
damages and costs of any kind based upon any injury or
loss of property arising from any wilful or negligent act,
omission or delay on the part of the Third Party, its
directors, officers, employees or agents in carrying out
the contract.
Insurance
The Municipality shall maintain comprehensive policies of
public liability and property damage insurance, insuring
the Municipality for all sums which the Municipality may
become obliged to pay as damages by reason of injury to
persons (including death) or damage to or destruction of
property in the course of any activity carried out under
this Agreement.
Time is of the Essence
Time is of the essence in this Agreement and any dates or
deadlines are to be strictly adhered to.
Priority
In the event of conflict between the body of this
Agreement and Schedule "A", Schedule "A" shall prevail. In
the event of a conflict between the body of this agreement
and Schedule "C" this Agreement shall prevail.
.
13.
13 .1
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Notice
Any notices, invoices, reports or communications under
this Agreement shall be given by personal delivery or by
regular mail, posted in Canada, delivered or addressed as
follows:
to the Ministry:
MINISTRY OF MUNICIPAL AFFAIRS
CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE
(COIW)
13TH FLOOR
777 BAY STREET
TORONTO, ONTARIO
M5G 2E5
to the Municipality:
The Corporation of the
Township of Oro-Medonte
P.O. Box 100
Oro, Ontario LOL 2X0
Attn:
Darlene Shoebridge, Clerk
- 11 -
14. Schedules
14.1
It
15.
15.1
16.
16.1
17 .
17. 1
18.
18.1
18.2
19.
19.1
Schedules "A", "B" and "C" of this Agreement and the
provisions contained in those Schedules form part of this
Agreement.
Alteration or Addition
No change or modification to this Agreement and Schedules
hereto shall be valid unless authorized in writing by both
the Municipality and the Province.
Bindinq
This Agreement binds the Province and the Municipality to
it and their respective successors and permitted assigns.
Financial Administration Act
Notwithstanding any other provision in this Agreement all
obligations on the part of the Province and the
Municipality are subject to the Financial Administration
Act R.S.O. 1990, c.F.12, as amended or re-enacted from
time to time.
Failure to Comply
Where, in the opinion of the Province, the Municipality
has failed to comply with any of the terms of this
Agreement, the Province shall give the Municipality
written notice, by registered mail, of the Municipality's
failure to comply.
If the Municipality upon receipt of the notice referred to
in section 18.1 fails to comply with the terms of this
Agreement within fourteen (14) days of receiving the
notice, the Province may recommend to the Management
Committee that it revoke the Project and where the
approval is revoked, the Province may recover any and all
funds paid to the Municipality under this Agreement.
Dispute Resolution
Any dispute arising out of the Agreement shall be
submitted to and determined by a court having jurisdiction
in the Province to hear and determine such dispute.
- 12 -
IN WITNESS WHEREOF this Agreement has been
executed on behalf of the Province by the Minister of Municipal
Affairs, and on behalf of the Municipality by the Mayor, Reeve,
Warden or Chair and the Clerk.
It GOVERNMENT OF T
rvV~
PROVINCE OF
ONTARI:~
Minister of Municipal Affairs
and Housing
t?r %1 d9~
D e
THE CORPORATION OF THE
~~fl
- ~tness
~rlt~// 9)~
.~
rtkf lie ) 9<(
Da r
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7 U'-'-'/1S/"-/If" ~ OrcC' - Ht.:"t:;;>.Y17kC
~~ /.J~
Mayor Reeve/Warden7Chair
~ /l-(o....-p.
IJ~/no/ ~~t' .
/ Clerk
- 13 -
PLEASE ATTACH SCHEDULE nBn HERE (MUNICIPAL BY-LAW)
It
'~,1
rt~1'
~~~
- -<,". ...
Executive Council
C.onseil des
ministres
.
SCHEDULE A
O.C.1Decret 105/94
I hereby certify that the attached is a true copy of an Order made on
January 19th, 1994, by His Honour the Honourable Henry Newton
Rowell Jackman, B.A.. LL.B, Lieutenant Governor of the Province of
Ontario in Council.
Dated at Toronto,
January 20, 1994.
_"','"1.......-::..-:1-?-
. . . / 4... ,/
.: ::' .&c. ~~->. ,,-
/
Deputy Clerk, Executive Council of Ontario
.
.IM
~~~
~
Ontarro
Execuflve CouncIl
Consell aes m'fll5tr8$
Order In Councli
Decret
On tne recommendatlan of the undersIgned. the
lieutenant Governor, oy and with the advice and
concurrence of the ExecutIve Council, orders that
Sur la recommandatlon du sousslgne. Ie
!jeutenant~gouverneur. sur !'avI$ et avec Ie con~
sentement du Conseil des mtnlstres. decrete ce
qUI SUIt:
WHEREAS the Government of C~n~d~ (,"C~n~d~") ~nd the Government of the
Province of Ont~rio ("Ontario") ~gree that there is a need to renew ~nd enhance C~n~da's ~nd
Ontano's physical infrastructure, notably in local communities;
AND WHEREAS Canada ~nd Ontario ~gree that sound investments In
infr~structure can promote a competitive and productive economy, gener~te valu~ble short ~nd iong-
term employment ~nd accelerate economic recovery;
AND WHEREAS C~nada and Ontario agree that it is opportune to invest In needed
infr~structure in periods of high national or regional unemployment;
AND WHEREAS Canada and Ontario are committed to en v ironmentaJ sustaJna bili ty
and recognize that infrastructure investments can enhance the quality of the environment;
THEREFORE the Minister of Economic Development and Trade ~nd the \1inlster
of \1unicipal Affairs are authorized on behalf of Ontario to enter into an ~greement with the
Government of Can~da in English and in French in substantially the form of the ~greement att~ched
hereto,
Recommended
r
Ih/~1s-z
I
Premier and President
of the Council
Concurred
QL~~~
Chair of blnet
Approved
~nd Ordered
JAN 1 9 1994
Date
O.C./Decret 105/94
.
-'1!-
.
.-
"'
P.C. 2.993-7/2:82
Dece~er 22, 1993
CAN~O~
>=;:{IVY :::~UNC!L
C;:)NSEiL PR\vE
(~.B. RaC. 820960)
.,
HIS EXCEL~NCY 7EE GOVERNOR GENERAL
.
IN COUNCIL, on the recocmendation of the
Minister of Indus~ry, Science and Technology
and the Treasury Board, is pleased hereby to
approve ~~e entry by the Minister of Indus~~jf
Science and Technology and ~~e President of the
~reasury Board and Ministar respons~le for
Infrastructure, on behalf of the Government of
Canada, into a Contribution Agreement on
Infrastructure ~ith ~~e Government of the
Province of ontario, substantially in
accordance ~ith the draft agreement annexed
hereto.
-:;:~T!F"IE:C TO ae: .6. TRUE. coPy - CO~IE e;SRTJF"IEE C::)NJ:'or
~2;
;
,......,,, ~ - .-.
::- "';}'::>..."....''::"~ ~u --
.
C.P. 1993-i/2132
22 dee6mere 1993
CANAOA
PRIVY COUNCJi,.
CONSE!L PRIVE.
(Ree. du C.~. 820960)
Sur reeommandation du ministre de
.
l'Industrie, des Sciences et da la Tech~alogie
et du Consei1 du Traser, i1 plait a Son
Excellence Ie Gouverneur general en ccnseiI
d'approuver que le ministre de l'Industrie, des
Sciences et de Ia Technologie at Ie President
du Conseil du Tresor et ministre responsable de
l'Infrastructure concluent, au nom du
gouvernement du Canada, une entente de
contribution sur l'infrastructure avecle
gouvernement de la province de l'Ontario,
laquelle entente est conforme en substance au
projet d'entente ci-joint.
C;(~ilrlt.C TO 6E A TRut COP'" - COPIE CEi<TIF"'1tt C::H'.,jI='ORM
~2J)
CANAD~-ONTARIO
INFR~STRUCTw~~ PROGRAM AGREEMENT
~his Agreement made this
day ot January ~994.
BETWEEN
THE GOVERNMENT OF CANADA (~erein
re~ erred to as .. canada If )
represented by the Minister
responsible for Infrastru-c't.ure and
the Minister of Industry, Science
and. Te.chno~ogy
.
AND
THE GOVERNMENT OF THE PROVINCE OF
ONTAR:IO (.hereil1 referr~d 'to as "the
prov~nceU) represented by t:.hQ
Minister o~ Economic Development
and Trade and the Minister or
Municipal Affairs_. '
wHEREAS CaMada and the Province agree that there is a
need to renew and enhance Canada's and Ontario's
phys1cal inrras~ructure. notab~y in local communities;
AND WHEREAS canada and on~ario agree that sound
inves~~ents in infrastruc~urQ can promote a competitive
and productive economy, generate valua~le short and
long-term employment and accelerate economic recovery;
AND WHEREAS Canada and. Ontario agree that it ~s
opportune to invest in needed Infrastructure in
periods of high national or regional unemployment;
AND WHEREAS Canada and Ontario agree that such
investmen~s need to be unde~taken in an e~:icient and
timely manner;
AND WHEREAS Canada and ontario are committed to
environmental sustainabiiity and recognize th~t
in!rastructure inves~ments can enhance the quality or
t.he. environment;
AND WHEREAS the Governor in Council by Order ~n Counc~~
P.C.~993-7/2~S2 dated, December 22, :993 has authorized
the Minister of Infrastructure. together with the
Minister of Industry, Science and Technology to execute
this Agreement on behalf of Canada;
AND WHEREAS the Lieutenant Governor in Council, by
order in Councilor the d.ay of ~99 , has
authorized the Minister of Economic Development and.
Trade and the Minister of Municipal Affairs to enter
into this Agreement on behalf of the Province of
Ontario;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
considera~ion of the premises, covenants and agreements
herein contained, the parties hereto- covenant and agree
as follows:
- 2 -
~.o D1i:F:IN:I'l':IONS
~.~ In this Agreemen~, unless the context requ~res
o't.herwise,
(a) I'Canada" means Her Majesty the Queen in R~ght
of Canada;
(b)
"Contributors" includes
ana any body corporate,
pr~vate, sharing in the
project;
any local government
whether public or
Eligible Costs of a
.
(b~l.)ttEligi..ble Costs" means those c:os~s defined ':':1
;.1 of this Agreement;
(C)
"Federal Minister" means the Minister
responsible for Infrast~ucture and lncludes
anyone authorized to act on the M~n~ster)s
behalf;
,
Cd) "Federal Implementing Minister" means the
Minister o~ Industry, Science and Technology
and includes anyone authorized to act on the
Mknis~er's behalf;
(e) "'Federal Minis~ers" means the Federal
M~n~ster and the Federal Implement~~g
Minist:.eri
(f) "F~scal Year" means ~he period commencing on
April ~ of any year and terminating Oh
March 3~ of the immediately rollowing year;
(c;,r) tI'In.!rast.ruc~ur.e1l means physical capit<:3.1.
asse~s in Canada instrumental in the
provision of public se~vices;
(h) "Local governments" means villages; .towns;
townshipsi c~t~es; coun~ies; regional,
district and metropolitan municipalities; the
County of oxford and school boards;
(i) "Management Committee" means the Comm~t1:.ee
eS1:.ab1ished pursuant to Section 3.1 of this
Agreement responsib~e for manaqlng and
administering this Agreement;
(j) "Mi.nisters" means the Federal Minist.ers and
the Provincial Ministers;
(k) uMinis:ter responsible for In.tras't:ructurelf
~eans the President of the Treasury Board of
Canada in h~s capacity as Minister
responsible for Infrastructure and includes
anyone author~zed to act Qn the Minister's
behalf;
(1) "P.arties" means CANADA and the Province or
ONTARIO;
(m) "Projec~" means a proposea Infra.structure
projec~ that. receives approval :or
implementa~~on by the Management Comm~t~ee as
per sec~ion 3.5 of this Agreement;
(rn.l) "Provil1ceu means the Province of Ontario;
- 3 -
en) "Provinc~al Implementing Min~ster" me~ns the
Minister of Economic Development and Trade
and includes anyone authorized to ac~ on the
Minister's behalt:
(0) "Provinc~al Minister" means the Minister of
Municipal Affairs and includes anyone
authorized to ~ct on the M~nigter's behalf;
.
(p)
"Provincial Minister(s)" means the Provincial
Minister and the Provincial Implementing
Minister; and
(q)
"Third Par'ty" means any person, ?ther '":.han. a
Par~y to this Agreemen~ or a con~r~cutor,
~ith whom an agreernen~ is signed for the
completion of a project.
~.2 Words in the singular include the plural, and
words in the plural include the singular.
,
2.0 Plrn.POS!!:
2.~ The purpose of this Agreement is to enable CANADA
and the Province or ONTARIO, in co-operation,
where and as appropriate, with Contributors to
undertake a program of investment in order to:
. renew and enhance the quality of Canada's
and Ontario's infras~ructure which ~s
instru~ental in ~he provision of public
services, notably in local commun1tiesi and,
. provide for ti~elY and effective employment
c.reation.
3.0 MANAGEMENT AND COOnD~NATION
Establ~shment and Internal ~ulas
3~~ A Management Comm~t~ee shall be establis~ed to
administer and manage this Agreement. It shall
cons~st of tour members, two ~o be jointly
appointed by the Federal Minis~ers and two to be
appointed by the Provincial M~nister(s). In
addition, the Federal Minister and the Provincial
Minister may each appoint one representative as an
ex-o~ficio member of the Management Committee.
The Management committee shall continue to exist
and operate for as long as necessary to meet the
requirements of the Agreement.
J~2 The Management committee shall be headed by two
Co-chairs, one fro~ the two federal members, to
be known as ~he rederal Co-chair, and one from the
two provincial members, to be known as ~he
provincial Co-chair. The federal and provincial
members not appointed as Co-Chairs shall act, in
absence of the~r co-Cha~r, as ~he subs~itute.
3.3 The Management committee Shall meet on a timely
basis at such places and on such dates as may be
agreed by the co-chairs. A quorum for all
meetings of the Manaqemsnt Committee sha~l be made
of the Canada Co-chair or substitute member and
the Provincial Co-chair o. substitute member;
3.4 Decisions of the Management Committee can only be
- 4
acted upon if agreed by the Co-chairs or their
respective substit~tes duly acting for them.
?-o1ect Review and sele~ion
( a)
3.5 The Management Committee shall:
(b)
(c)
assess all nominated proJects, make an
approval dete~1nat~on but ensure that no
nominated project is approved a~ter March Jl,
1996.
develop, where appropriate and in a timely
manngr, guidelines for the elig~bility,
assessment and approval or nominated projec~s
having due rega.rd to the followl.,ng c::-iteria:
. incrementality and/or accele:ation of
investmen't:;
. short and long-term job .creation;
. enhancing Canada's and Ontario's
economic competi~iveness;
. use of innovative technologies;
. bringing infrast=ucture up to cOwmun~~y
standards. codes -and by laws;
. enhancing long-te=m skills ~n ~he
workforce;
. enhancing envi=onmental quality and
sustainabili"t.Yi
. U$e of sound innovative financing
techniques which may include pr~vate
ca"pital; and
. dis~ribution of pro9~am benefits ~ithin
OntariOe
ensure. that
any pro] ect is
. consistant with provincial capital
planning practices, guidelines and any
overall infrastructure development
plan(s) a~tec~ing the particular reg~on
or area of the Province; and,
. structured as to ensure that any
ongoing additional opera~inq cos~s are
Darne by the project proponent and tha~
satisfac~ary financial arrangemen~s are
in p~ace or have been approved by the
provincae
(d) ensure that a~~ con~rac~s awarded ror ~he
implementation of a project incorporate the
relevant provLsions of this Agreement.
3.6
(a)
I~ is unders~ood and agreed by Canada and ~he
Provi'1ca tha't:. the project:. approval process
sha~l be ini~iated by the Provincial Co-chair
who shall nominate projectse The Province
shal~ promp~~y inform ~he federa~ Co-Chair of
a~l projec~ proposals or reques~s as ~hey are
received from potential CQntribu~orSe
(b) I~ is understood and agreed by ~he Par~ies
that the Province will consu~t with local
governmen~s and others, wi~h ~he purpose of
advising the Province on project
id=ntif~cation and management of this
In~rastructure program.
.
- 5 -
Ad~inistra~ion
3.' The Management committee shall be resDonsible for
~he administration and rnanagemen~ of this
Agreement, and without limiting the generality of
che foregoing, sha~l:
.
(a)
ensure that the expected completion date of a
project sha~l not be later than March 3~,
~997;
(b)
ensure the implementation of the management
information and evaluation provisions of this
Agreement and ensure a free flow of
intormation becween the Parties;
(c) adopt such standards, procedures, forms (eg.
Project Authorization form), reports and
guidelines cons15tent with this Agreement as
it deems expedient and appropriate to achieve
its purpose;
(d) establish Sub-Committees as may be req~ired
trom time to time to assist in the management
of this Agreement, delegate to them all
necessary authority to carry out their
mandate and. establish all procedures with
respect to its own meetings and those of the
Sup-committees, including rules for the
conduct of meetings and the making of
decisions where the members are not
physically present; and
(e) carry OU~ any other duties, powers ahd
~unctions specified elsewhere in this
Agreement or as may be assigned to the
Management Committee by the Minis~ers to
accomplish the Purpose of the Agreement.
4.0 XHPLEHENTATXON
4.1 Subject to the terms of. this Agreement, ~he
Province shall under~ake or shall cause to be
undertaken the implementation of all projects.
4.2 The review, approval and implementation of any
projects sha~~ be undertaken in mutual respect of
applicable federal and provincial environmen~al
legislation.
5.0 CONTRACT PROCEDURES
5.1 All contracts to be entered into by the Province
or by any Contributor with a Third ~arty for the
due im~lementation or a project shall be awarded
and administered in ~ccQrdance with the
administrative, management and contract procedures
within the Province.
5~2 A~l contracts ent~red into pursuan~ to section 5.~
shall incorporate the relevant provisions of this
Agreement and in par~icular, that
. any of the members of the Management
Committee sha~~ be permitted, at all
- 6 -
reasonable times, to inspec~ the terms o~ the
contract and any records and accounts
maintained thereu~der;
. all applicable labour, environmental and
human rights legislation a~d standards shall
be respecteai
.
the ThirQ party ~hall indemnify and save
harmless the Parties to this Agreement anQ
their Ministers, officers and employees from
and against all c~aims, demands, losses,
damages. costs of any kind based upon any
injury. or death of a person or damage to or
loss of proper~y a~i$ing trom any will~ul or
negligen~ act, omission or delay on the par~
of the Third party or its servantp or agents
~n carrying oU~ the contract;
.
5.3 The Province and, where appli:able and at the
demand of the ProvincQ, the Con~ributors or any
Third party shall indemnify and save harmless
Canada, its Minis~e~s, officers and employees from
and aaains~ a~l cla~ms and demands ar~s~ng out of
the implementation. operation, maintenancQ and
repair of such project excep~ to the extent that
claims and demands relate ~c the act of negligence
or breach of duty of any officar, employee or
agen~ of C~nada.
5.4 Upon the comple~ion or any project, the Province
or , where applicable, the Contributor or any
Thira party to whom is assigned the on-going
responsibili~y for such project shall take over
full respons~bi~ity for that project's operation,
main~enance and repair, except in cases where
other arrangemen~s ~etween Parties hereto
specifically apply.
6.0 F~NANC~AL PROVISIONS
6.1
(a)
Notwithstanding anything in this Agreement
but subject to the express condition that
there be an appropriacion by the Parliament
of canada for the funds necessary for the
Fiscal Year in which they are required, the
total contribution by Canada under this
Aqreement shall not exceed $722.370 million.
,
- 7 -
(b) Except with the wr~tte~ agreement of the
Federal Minister,
( i)
should the federal share of direct costs
referred 'to in Subsections 7.J. (a). (b),
(e) and Cd) that are incurred but not
necessarily paid for projects approved
account for less than $252.829 million
by March 31, 1995, the maximum total
contribut~on by Canada under this
Agreement shall be reduced by the amount
corresponding to the short~all; and
(ii) ~o more than SlOB.J56 mill~on o~ the
federal share or direct costs referred
to in Subsections 7.l (a), (b), (c) and
Cd) may be incurred after March 3J.,
~996 which, in any case, shall be
incurred on or before M~rch 3J., J.997.
.
6.2
(a)
The contribution~bY Canada trom all sources,
including this Agreement, with respect to any
one Project sha~l no~ excQed one-third (1/3)
of the total Eligible Costs approved for that
project, excep~ as Qther~ise provided in
subsect~on 6.2 (b) Qf th~s Agreement.
(b) Canada may, at the request of the Province
but subject to the agreement of the federal
Co-chair, fund more than Qne third (~/3) o~
the Eligible costs of a specific project
provided that Canada's share of Eligible
costs for a~l projects approved under this
Agreement, at any given time, by the
Management Committee dQes not exceed one
third (lf3).
(c) Eligible Costs referred to in Subsection 7.l
(d) shall be shared equally by the Parties.
7.0 PAYMENT PROCEDURES
7.l For the purposes of this Agreement, "Eligible
Costs" incJ.uds .al~ d.iract costs properly and
reasonably incurred and paid solely and
specifically in relation to this Agreement that
are:
(a) invoiced against a contract for goods and
services necessary for the implementation of
a Project;
(b) any other costs Which are incurred and paid
in the course of implementation of the
Project that are recognized and determined as
re~evant by tn. Management CQmmittee; and
(c) the salaries and other employment benefits of
any employee Qf Canada, the Province or the
Contributor engaged solely and specifically
for the purpose ot implementing a Project
under this Agreement which costs have been
determined and approved by the Management
Committee;
- 8 -
(d) any ather administrative casts not otherwise
covered in (a), [b) and Ie) above, includ~ng
those referred to in sec~ions 9.1 and kO.l of
this Agreement, Which have been de~ermined
and approved by the Management Cornmi~tee;
but shall not include costs wh~ch are for:
(e)
services or works normally prov~ded by either
Party or Contributor or any other agency of
either Party or Contributor; and,
.'
(f)
the costs of any lands or any interest
therein.
7.2 Subject to this Aqreement, each Party and~ where
applicable and at tha demand of the Province, the
Contributors shall be responsible for cantribut~ng
to the Eligible Costs of projects implemented
under th~s Aqreement.
?J Payments by Canada shall be promptly made to the
Prov~nce on the basis of progress claims setting
out the cos~s actually incurred and paid fer the
Projec~, submitted in a farm and verified in a
man"e~ satisfactory to Canada.
.7.4 In order to assist with the interim financing of
any project, Canada may make interim payments to
the Province of up to one hundred percent (1.0.0%)
of Canada's share of claims supmitted, basad on
estLmates, certi~ied by a senior officer of ~he
Province, of cos~s ac~ually incurred,
7.5 The Province shall account for each interim
payment by submittin9 to Can~da, within ninety
(90) days after such payment by Canada, a de~ailed
statement o~ the actual expenditures incurred and
paid, vQ~ified in a manner satisfac~ory to Canada.
Any discrepancy between the amoun~s paid by Canada
by way or ~ntarim payments and the amounts
ac~ually paid by the Province shall be promptly
adjusted petween the Par~ies.
7.6 Notwithstanding any"thing.in section 7.4, the
Province sha~l not be enti~led to any interim
payment in a subsaqu.n~ tiscal year until a~l such
payments' received by the Province in a previous
fiscal year have b..n repaid or accoun~ed for in a
manner satisfactory to Canada.
.
7.7 No claim sha~l be paid by the Parties unless it is
received on or betore March 31 ot the year
following the Fiscal Year in which ~he Eligible
Cos~ is incurred and, in all circums~anceSt no
la~er than March ~1, 1998.
7.8 The Management Committee shall not normally
consider cost overruns on projects approved under
this A9reement un~ess, and only in exceptional
circums~ances:
(a> the party implementing the Project informs
~he Management Committee immediately when it
became aware that a ccs~ overrun was
probable.; a.nd,
~
,"
- 9 -
(b) the Management Committee approved, as bein9
justi!ied, the inclusion of the cost
overruns; and
(c) funds are 3vailable to cover said costs
overruns.
8.0 AUDXT AND INSPECTION
.
8.~ Canada and the Province shall ensure that proper
and accurate accounts and records are maintained
with respect to each Project undertaken pursuan~
to th~s Agreement and shall, upon reasonable
no~ice~ make such accounts and records available
for inspectlon.
8.2 Accounts shall be maintained for a period of three
years beyond March 3~, ~996.
8.3 Each of the Parties may inspect the amounts of all
c1aims in respect of any project implemente~ under
this Aqreement and the aCCQunts and records
re1ated thereto. Any discrepancy between the
amounts paid by any of ~he Part~es and the amount
payable under ~his Agreement shall be promp~~y
adjus~ed between the Parties.
8.4 Each of the Par~ies hereto will provide to any
member of the Managemen~ committee on request all
informa~ion ~ha~ would indicate ~hat a Project
hereunder has been undertaken or completed a~d the
costs 1ncurred with respect thereto.
9.0 PROGRAM EVALUATION
9.~ The Management CQmm~~tee shall approve a pl~n and
budget for the evaluation of the program of
Infrastructure within six months of ~he signing of
~he Aqreemen~. costs associated with th~
evaluation shal~ be sha:ed equa~ly ~y the Parties.
9.2 The evaluation plan shall identifY:
responsibilities for evaluation activity and data
collection; evaluation issues; and, ~he character
and timing of data col~ection.
9.3 The Management Committee shal~ approve the terms
of re~.rence for the evaluation before it is
underta~en.
9.4 The Management Committee sha~l submit to the
Ministers ~n eva~uation report no later than
twelve months after March 3~, 1996.
9.5 ~ach Party will provide the other with all
relevant information as may reasonably be required
ror such evaluatiQn~
,
- ~D -
..
10.0 PUBLIC INFORMATION
lO.~ Canada and the Province hereby agree to undertake,
and where appropriate, in cooperation with any
Contributor, the development and de~ivery of a
public inrormation Plan tor the term of th~s
Agreement which will enhance opportunities
forappropriate, continuous and consistent
recognition far federal-provincial co-operation
activities under this Agreement. The mechanisms
thereo~ shall be determined by the Management
Committee. Costs assoc~ated with the development
and delivery of the Plan shall be shared equally
by the Part~es.
.
~O.2 No pub1ic announcement of an activity under th~s
Agreement shall be made by a Contributor without
the prior consent of the Management Committee.
~O.3 Pub~ic announcements and official ceremonies
concerning measures covered and projects approved
under this Agreement shall be made and organized
jo~nt~y by the Parties and they each shal~ have an
equal opportunity to participate. CoSts
assoc1a~ed with any pUQlic announcement and
o~~icial ceremony by the Parties and/or
Contributors shall be E~~gible Costs.
10.4 A~l pub~ic information material joint~y approved
by the Parties in relation to this Agreement
shall ba in both Eng~ish and French and indicate
that the project is being implemented pursuant to.
this Agreement and shall ~airly reflect the
contribution o~ the Parties and the Cont~ibutors.
~D.5 All pUblic information material related to calls
and tenders ~or projects produced for or by Third
parties, including project signage, receiving
funding under this Agreement sha~l clearly and
prominently indicate that such rundinq was
prov~ded under the terms of this Agreement and it
shall be a condit~on o~ such runding tha~ the
recipient con~orm to this clause.
~D.6 (a)
Canada and ontario may provide, insta~l at
the appropriate ~ocation, and maintain
throughout the duration of each project, one
or more signs indicating that the Project is
an In~rastructure Project undertaken under
the auspices of this Aqreement or bearing any
other such message approved by the Management
Commit~ee; ana,
(b) Canada and Ontario may provide and ~nstall.
upon completion of any Project, where
feasib1e, a plaque or permanent sign bearing
an appropria~e ~nscription.
..
- ~~ -
J.1..0 GENERAL
.
11.1 This Agreement may be amended from time to time on
written agreernen~ of the Federal Ministars and
Provincial Ministers. It is expressly agreed and
understood, however. that any amendment to
Section 2.0 dealing with PURPOSE, ~o the part of
SUbsection 3_5(a) dealing with the last approval
da~e, ~o Subsections 6.1 (a) and 6.2 (a) dealing
with the financ~al participation o~ Canada must be
approved by the Governor in Counc~l or must obtain
any other approval that may be otherw.is&
s~atu~orily required.
.
11.2 No member of ~he House or Commons of Canada O~ of
the Senate of canada or or the Legislative
Assembly of ontario shall be admitted.to any share
or part of any contract, agreement or commission
made pursuan~ ~o this Agreement or ~o any benefit
arising therefrom.
.
11.3 Nothing in this Agreement is to be construed as
author~zing one Party or, a~ the demand of the
Province, any Contributor to contract tor or to
incur any obligation on behalf of the other or to
act as agent for the other.
~~.4 A~~ property including patents, copyrights and
other in~ellec~ual property and any revenue
acqu~red as a result of the work performed under
any approved projec~s shall be disposed of,
licensed or otherwise dealt with as the Management
Committee may from time to time de~ermine.
~~.5 Notwithstanding any o~her provision of this
Agreement, all obligations of Canada incurred by
virtue of this Agreement shall be subject to the
Financial Administration Act,
11.6 (a)
Any.dispute between Canada and Ontario hereto
or any ques~ion of law or fact arising ou~ of
this Agreement shall be submitted to and
determined by the Federal Court of canada
pursuant to the Federa~ Court Act of Canada.
(b) Any dispute arising from contracts entered
into pursuant to Section 5.~ ot this
Agreement shall be submitted to and
determined by the court having jurisdic~ion
and qoverning said contracts.
- 1.2 -
IN WITNESS WHEREOF this Agreemen~ has been executed on
behalf of canada by the Minister or Infrastructure and
the Minister of Industry, Science and TeChnology and on
behal~ of the Province of Ontario by the Min~s~er or
Economic Development and Trade and the Minister of
Municipal A~~airs.
In ~he presence of
GOVERNMENT OF CANADA
)
Witness
President of Treasury
Board in his capacity as
Minister responsible for
Infras,,::ructure
Witness
Minister of Indus~ry,
Sc~ence and Technology
GOVERNMENT OF PROVINCE OF
ONTARIO
Witness
Minis~er of Eco~arnic
Development and Trade
Wi~ness
Minister of Municipal
A:f:fairs
I, Lynda Aiken, Deputy Clerk of the
Corporation of the Township of
Oro-Medonte do hereby certify under my
hand and the corporate seal that the
foregoing is a true and correct copy of
the Provincial-Municipal Infrastructure
Agreement which was duly authorized for
signature in Council on October 19, 1994"
Dated: July 19, 1995
Ora Station, Ontario 4~
/.~.
"
.
SCHEDULE 'I C I ,
---------------
~. MUNICIPALITY:
TOWNSHIP OF
ORO-MEDONTE
2. PROJECT NAME:
CONSTRUCTION OF RESERVOIR FOR HARBOURWOOD WATER SYSTEM
3. PROJECT NUMBER:
M7062101
4. LOCATION OF PROJECT:
PLAN 118, PART LOT 27, CON 7, BLOCK F
5. ELIGIBLE PROJECT COSTS:
$215,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/09/01
7. PROJECT COMPLETION DATE:
1995/03/31