2024-067 By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and The Association of Municipalities of Ontario and to Repeal By-laws Nos. 2005-120, 2010-052 and 2014-067The Corporation of the Township of Oro-Medonte
By -Law No. 2024-067
A By-law to Authorize the Execution of an Agreement Between
The Township of Oro-Medonte and
The Association of Municipalities of Ontario
and to Repeal By -Law Nos. 2005-120, 2010-052 and 2014-067
Whereas the Government of Canada, the Government of Ontario, AMO, and the City of
Toronto are signatories to the Administrative Agreement on the Canada Community -
Building Fund effective April 1, 2024 (the "Administrative Agreement"), which governs
the transfer and use of the Canada Community -Building Fund ("CCBF") in Ontario;
And Whereas the Government of Canada, the Government of Ontario, AMO, and the
City of Toronto Agreement outlines a framework for the transfer of funds to Ontario
municipalities, represented by AMO and Toronto with stable reliable and predictable
funding for environmentally sustainable infrastructure purposes;
And Whereas AMO is responsible for the administration of CCBF funding made
available to all Municipalities in Ontario — except the City of Toronto — under the
Administrative Agreement, and will therefore undertake (and require the Recipient to
undertake) certain activities as set out in this Agreement;
And Whereas The Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 11,
authorizes a municipality to pass by-laws with respect to the health, safety and well-
being of persons;
And Whereas the Council of The Corporation of the Township of Oro-Medonte passed
By -Law No. 2005-120 on November 16, 2005, amending By -Law No. 2010-052 on
March 10, 2010 and By -Law No. 2014-067 on May 7, 2014 applicable to agreements
with the Township of Oro-Medonte and The Association of Municipalities of Ontario.
And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it
necessary and desirable to pass a By-law to authorize the Mayor and Clerk to execute
an agreement with The Association of Municipalities of Ontario effective as of April 1,
2024 up to and including March 31, 2034;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Mayor and Clerk are hereby authorized to sign the agreement between
The Corporation of the Township of Oro-Medonte and The Association of
Municipalities of Ontario, said agreement attached hereto as Schedule "A" and
forming part of this by-law.
2. That this By-law shall come into force and shall take effect on April 1, 2024.
3. That By-law Nos. 2005-120, 2010-052 and 2014-067 are hereby repealed in their
entirety.
By -Law Read a First, Second and Third time, and Passed this 26th day of June,
2024.
The Corporation of the Township of Oro-Medonte
ayor, Randy Greenlaw
jrv.
Cle, Yvonne Aubichon
MUNICIPAL FUNDING AGREEMENT
ON THE CANADA COMMUNITY -BUILDING FUND
BETWEEN:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AMO")
AND:
THE TOWNSHIP OF ORO-MEDONTE
(a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the
"Recipient")
WHEREAS the Government of Canada, the Government of Ontario, AMO, and the City of Toronto
are signatories to the Administrative Agreement on the Canada Community -Building Fund
effective April 1, 2024 (the "Administrative Agreement"), which governs the transfer and use of
the Canada Community -Building Fund ("CCBF") in Ontario;
AND WHEREAS AMO is responsible for the administration of CCBF funding made available to
all Municipalities in Ontario — except the City of Toronto — under the Administrative Agreement,
and will therefore undertake (and require the Recipient to undertake) certain activities as set out
in this Agreement;
AND WHEREAS the Recipient wishes to enter into this Agreement to access CCBF funding;
NOW THEREFORE the Parties agree as follows:
Municipal Funding Agreement on the Canada Community -Building Fund
1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions. For the purposes of this Agreement, the following terms shall have the
meanings ascribed to them below:
"Annual Report" means the duly completed report to be prepared and delivered to
AMO as described in Section 6.1.
"Asset Management" is a principle/practice that includes planning processes,
approaches, plans, or related documents that support an integrated lifecycle approach
to the effective stewardship of infrastructure assets to maximize benefits and
effectively manage risk.
"Canada" means the Government of Canada, as represented by the Minister of
Housing, Infrastructure and Communities.
"Canada Community -Building Fund" or "CCBF" means the program established
under section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C.
2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1,
S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community -Building
Fund in section 199 of Budget Implementation Act, 2021, No. 1.
"Contract" means an agreement between the Recipient and a Third Party whereby
the latter agrees to supply a product or service to an Eligible Project in return for
financial consideration.
"Eligible Expenditure" means an expenditure described as eligible in Schedule B or
deemed eligible by Canada in accordance with Section 4.2.
"Eligible Investment Category" means an investment category listed in Schedule A
or deemed eligible by Canada in accordance with Section 3.2.
"Eligible Project" means a project that fits within an Eligible Investment Category.
"Event of Default" has the meaning given to it in Section 13.1 of this Agreement.
"Funds" mean the funds made available to the Recipient through the CCBF or any
other source of funding as determined by Canada. Funds are made available pursuant
to this Agreement and includes any interest earned on the said Funds. Funds
transferred to another Municipality in accordance with Section 5.3 of this Agreement
are to be treated as Funds by the Municipality to which the Funds are transferred; and
Funds transferred to a non -municipal entity in accordance with Section 5.4 of this
Agreement shall remain as Funds under this Agreement for all purposes and the
Recipient shall continue to be bound by all provisions of this Agreement with respect
to such transferred Funds.
"Housing Needs Assessment" or "HNA" means a report informed by data and
research describing the current and future housing needs of a Municipality or
community according to guidance provided by Canada.
"Ineligible Expenditures" means those expenditures described as ineligible in
Schedule C or deemed ineligible by Canada in accordance with Section 4.2.
"Infrastructure" means tangible capital assets that are primarily for public use or
benefit in Ontario — whether municipal or regional, and whether publicly or privately
owned.
"Lower -Tier Municipality" means a Municipality that forms part of an Upper -Tier
Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O.
2001, c. 25.
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Municipal Funding Agreement on the Canada Community -Building Fund
"Municipal Fiscal Year" means the period beginning January 1st of a year and
ending December 31st of the same year.
"Municipality" and "Municipalities" means every municipality as defined under the
Municipal Act, 2001, S.O. 2001, c. 25.
"Non -Municipal Transfer By-law" means a by-law passed by Council of the
Recipient pursuant to Section 5.4 of this Agreement.
"Parties" means AMO and the Recipient.
"Prior Agreement" means the municipal funding agreement for the transfer of federal
gas tax funds entered into by AMO and the Recipient, effective April 2014 and with an
expiry date of March 31, 2024.
"Single -Tier Municipality" means a Municipality, other than an Upper -Tier
Municipality, that does not form part of an Upper -Tier Municipality for municipal
purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25.
"Third Party" means any person or legal entity, other than the Parties to this
Agreement, who participates in the implementation of an Eligible Project by means of
a Contract.
"Transfer By-law" means a by-law passed by Council of the Recipient pursuant to
Section 5.3 of this Agreement.
"Unspent Funds" means the amount reported as unspent by the Recipient as of
December 31, 2023 in the Recipient's 2023 Annual Report (as defined under the Prior
Agreement).
"Upper -Tier Municipality" means a Municipality of which two or more Lower -Tier
Municipalities form part for municipal purposes, as defined under the Municipal Act,
2001, S.O. 2001 c. 25.
1.2 Interpretations
a) "Agreement" refers to this agreement as a whole, including the cover and
execution pages and all of the schedules hereto, and all amendments made
hereto in accordance with the provisions hereof.
b) The words "herein", "hereof' and "hereunder" and other words of similar
import refer to this Agreement as a whole and not any particular schedule,
article, section, paragraph or other subdivision of this Agreement.
c) The term "including" or "includes" means including or includes (as
applicable) without limitation or restriction.
d) Any reference to a federal or provincial statute is to such statute and to the
regulations made pursuant to such statute as such statute and regulations may
at any time be amended or modified and in effect and to any statute or
regulations that may be passed that have the effect of supplementing or
superseding such statute or regulations.
2. TERM OF THE AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall come into effect as of April 1, 2024 up to and including March 31,
2034.
2.2 Review. This Agreement will be reviewed by AMO by June 30, 2027.
Municipal Funding Agreement on the Canada Community -Building Fund
2.3 Amendment. This Agreement may be amended at any time in writing as agreed to
by AMO and the Recipient.
2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written
notice.
2.5 Prior Agreement. The Parties agree that the Prior Agreement, including Section 15.5
thereof, is hereby terminated. Notwithstanding the termination of the Prior Agreement,
including Section 15.5, the reporting and indemnity obligations of the Recipient
thereunder with respect to expended Funds governed by the Prior Agreement as set
forth in Sections 5, 7, 10.3, 10.4 and 10.5 of the Prior Agreement shall survive the
said termination.
3. ELIGIBLE PROJECTS
3.1 Eligible Projects. Eligible Projects are those that fit within an Eligible Investment
Category. Eligible Investment Categories are listed in Schedule A.
3.2 Discretion of Canada. The eligibility of any investment category not listed in
Schedule A is solely at the discretion of Canada.
3.3 Recipient Fully Responsible. The Recipient is fully responsible for the completion
of each Eligible Project in accordance with Schedule A and Schedule B.
4. ELIGIBLE EXPENDITURES
4.1 Eligible Expenditures and Ineligible Expenditures. Eligible Expenditures are
described in Schedule B. Ineligible Expenditures are described in Schedule C.
4.2 Discretion of Canada. The eligibility of any item not listed in Schedule B or Schedule
C to this Agreement is solely at the discretion of Canada.
4.3 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and
timely access to all documentation, records and accounts and those of their respective
agents or Third Parties related to the receipt, deposit and use of Funds and Unspent
Funds, and any interest earned thereon, and all other relevant information and
documentation requested by AMO or Canada or their respective designated
representatives for the purposes of audit, evaluation, and ensuring compliance with
this Agreement.
4.4 Retention of Receipts. The Recipient will keep proper and accurate accounts and
records of all Eligible Projects including invoices and receipts for Eligible Expenditures
for at least six (6) years after the completion of the project.
4.5 Contracts. The Recipient will award and manage all Contracts in accordance with its
relevant policies and procedures and, if applicable, in accordance with any domestic
or international trade agreements, and all other applicable laws. The Recipient will
ensure any of its Contracts for the supply of services or materials to implement its
responsibilities under this Agreement will be awarded in a way that is transparent,
competitive, consistent with value for money principles and pursuant to its adopted
procurement policy.
5. FUNDS
5.1 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for
and shall be used only for Eligible Expenditures in respect of Eligible Projects.
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Municipal Funding Agreement on the Canada Community -Building Fund
5.2 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject
to the terms and conditions of this Agreement, and will no longer be governed by the
terms and conditions of the Prior Agreement.
5.3 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and
transfer Funds to another Municipality (the "Transferee Municipality"):
a) The allocation and transfer shall be authorized by a Transfer By-law. The
Transfer By-law shall be passed by the Recipient's council and submitted to
AMO as soon thereafter as practicable. The Transfer By-law shall identify the
Transferee Municipality and the amount of Funds the Transferee Municipality
is to receive for the Municipal Fiscal Year(s) specified in the Transfer By-law.
b) The Recipient is still required to submit an Annual Report in accordance with
Section 6.1 hereof with respect to the Funds transferred.
c) No transfer of Funds pursuant to this Section 5.3 shall be effected unless and
until the Transferee Municipality has either (i) entered into an agreement with
AMO on substantially the same terms as this Agreement, or (ii) has executed
and delivered to AMO a written undertaking to assume all of the Recipient's
obligations under this Agreement with respect to the Funds transferred, such
as undertaking in a form satisfactory to AMO.
5.4 Transfer of Funds to a Non -Municipal Entity. Where a Recipient decides to support
an Eligible Project undertaken by a non -municipal entity (whether a for profit, non-
governmental, or not -for profit organization):
a) The provision of such support shall be authorized by a Transfer By-law (a
"Non -Municipal Transfer By-law"). The Non -Municipal Transfer By-law shall be
passed by the Recipient's council and submitted to AMO as soon as
practicable thereafter. The Non -Municipal Transfer By-law shall identify the
non -municipal entity, and the amount of Funds the non -municipal entity is to
receive for that Eligible Project.
b) The Recipient shall continue to be bound by all the provisions of this
Agreement notwithstanding any such transfer.
c) No transfer of Funds pursuant to this Section 5.4 shall be effected unless and
until the non -municipal entity receiving the Funds has executed and delivered
to AMO a written undertaking to assume all of the Recipient's obligations under
this Agreement with respect to the Funds transferred, in a form exclusively
satisfactory to AMO.
5.5 Payout of Funds. Subject to Sections 5.14 and 5.15, AMO will transfer Funds twice
yearly, on or before the dates agreed upon by Canada and AMO.
5.6 Deposit of Funds. The Recipient will deposit the Funds in:
a) An interest -bearing bank account; or
b) An investment permitted under:
i. The Recipient's investment policy; and
ii. Provincial legislation and regulation.
5.7 Interest Earnings and Investment Gains. Interest earnings and investment gains
will be:
• Proportionately allocated to the CCBF when applicable; and
• Applied to Eligible Expenditures for Eligible Projects.
Municipal Funding Agreement on the Canada Community -Building Fund
5.8 Funds Advanced. Funds shall be spent (in accordance with Sections 3 and 4) or
transferred (in accordance with Sections 5.3 or 5.4) within five (5) years after the end
of the year in which Funds were received. Unexpended Funds shall not be retained
beyond such five (5) year period without the documented consent of AMO. AMO
reserves the right to declare that unexpended Funds after five (5) years become a
debt to Canada which the Recipient will reimburse forthwith on demand to AMO for
transmission to Canada.
5.9 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2038.
5.10 HST. The use of Funds is based on the net amount of harmonized sales tax to be
paid by the Recipient net of any applicable tax rebates.
5.11 Limit on Canada's Financial Commitments. The Recipient may use Funds to pay
up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project.
5.12 Federal Funds. The Recipient agrees that any Funds received will be treated as
"federal funds" for the purpose of other federal infrastructure programs.
5.13 Stacking. If the Recipient is receiving federal funds under other federal infrastructure
programs in respect of an Eligible Project to which the Recipient wishes to apply
Funds, the maximum federal contribution limitation set out in any other federal
infrastructure program agreement made in respect of that Eligible Project shall
continue to apply.
5.14 Withholding Payment. AMO may, in its exclusive discretion, withhold Funds where
the Recipient is in default of compliance with any provisions of this Agreement.
5.15 Insufficient Funds Provided by Canada. Notwithstanding the provisions of Section
2, if Canada does not provide sufficient funds to continue the Funds for any Municipal
Fiscal Year during which this Agreement is in effect, AMO may immediately terminate
this Agreement on written notice to the Recipient.
6. REPORTING REQUIREMENTS
6.1 Annual Report. The Recipient shall submit a report to AMO by April 30th each year,
or as otherwise notified by AMO. The report shall be submitted in an electronic format
deemed acceptable by AMO and shall contain the information described in Schedule
D.
6.2 Project List. The Recipient shall ensure that projects are reported in advance of
construction. Information required is as noted in Section 2.3 of Schedule E.
7. ASSET MANAGEMENT
7.1 Implementation of Asset Management. The Recipient will develop and implement
an Asset Management plan, culture, and methodology in accordance with legislation
and regulation established by the Government of Ontario (e.g., O. Reg. 588/17).
7.2 Asset Data. The Recipient will continue to improve data describing the condition of,
Tong -term cost of, levels of service provided by, and risks associated with
infrastructure assets.
8. HOUSING NEEDS ASSESSMENT
8.1 Requirement. While an HNA is encouraged for all Municipalities, the Recipient must
complete a HNA if it had a population of 30,000 or more on the 2021 Census of
Canada and is a Single -Tier Municipality or a Lower -Tier Municipality.
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Municipal Funding Agreement on the Canada Community -Building Fund
8.2 Content of the HNA. The Recipient will prepare the HNA in accordance with the
guidance provided from time to time by Canada.
8.3 Use of HNA. The Recipient is expected to prioritize projects that support the growth
of the housing supply. The HNA is to be used by Municipalities to prioritize, where
possible, Infrastructure or capacity building projects that support increased housing
supply where it makes sense to do so.
8.4 Publication of the HNA. The Recipient will publish the HNA on its website.
8.5 HNA reporting requirements. The Recipient will send to AMO by March 31, 2025,
unless otherwise agreed upon:
a) A copy of any HNA it is required to complete in accordance with Section 8.1;
and
b) The URL to the published HNA on the Recipient's website.
9. COMMUNICATIONS REQUIREMENTS
9.1 The Recipient will comply with all communication requirements outlined in Schedule
E.
10. RECORDS AND AUDIT
10.1 Accounting Principles. All accounting terms not otherwise defined herein have the
meanings assigned to them; all calculations will be made and all financial data to be
submitted will be prepared in accordance with generally accepted accounting
principles ("GAAP") in effect in Ontario. GAAP will include, without limitation, those
principles approved or recommended for local governments from time to time by the
Public Sector Accounting Board or the Chartered Professional Accountants of Canada
or any successor institute, applied on a consistent basis.
10.2 Separate Records. The Recipient shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts, and vouchers in respect of Funds expended on Eligible Projects in
accordance with the Recipient's municipal records retention by-law. Upon reasonable
notice by AMO or Canada, the Recipient shall submit all records and documentation
relating to the Funds for inspection or audit.
10.3 External Auditor. AMO or Canada may request, upon written notice to Recipient, an
audit of Eligible Project(s) or Annual Report(s). AMO shall retain an external auditor
to carry out an audit and ensure that any auditor who conducts an audit pursuant to
this Agreement or otherwise, provides a copy of the audit report to the Recipient.
11. INSURANCE AND INDEMNITY
11.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or
cause to be put into effect and maintained for the term of this Agreement all the
necessary insurance with respect to each Eligible Project, including any Eligible
Projects with respect to which the Recipient has transferred Funds pursuant to
Section 5 of this Agreement, that would be considered appropriate for a prudent
Municipality undertaking similar Eligible Projects, including, where appropriate and
without limitation, property, construction, and liability insurance, which insurance
coverage shall identify Canada and AMO as additional insureds for the purposes of
the Eligible Projects.
11.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall
have a valid certificate of insurance that confirms compliance with the requirements
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Municipal Funding Agreement on the Canada Community -Building Fund
of Section 11.1. The Recipient shall produce such certificate of insurance on request,
including as part of any AMO or Canada audit.
11.3 AMO Not Liable. In no event shall Canada or AMO be liable for:
• Any bodily injury, death or property damages to the Recipient, its employees,
agents, or consultants or for any claim, demand or action by any Third Party
against the Recipient, its employees, agents, or consultants, arising out of or
in any way related to this Agreement; or
• Any incidental, indirect, special, or consequential damages, or any loss of use,
revenue or profit to the Recipient, its employees, agents, or consultants arising
out of any or in any way related to this Agreement.
11.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any
time, hold the Government of Canada, its officers, servants, employees or agents
responsible for any claims or losses of any kind that the Recipient, Third Parties or
any other person or entity may suffer in relation to any matter related to the Funds or
an Eligible Project and that the Recipient will, at all times, compensate Canada, its
officers, servants, employees and agents for any claims or losses of any kind that any
of them may suffer in relation to any matter related to CCBF funding or an Eligible
Project.
11.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold
harmless AMO, its officers, servants, employees or agents (each of which is called an
"Indemnitee"), from and against all claims, losses, damages, liabilities and related
expenses including the fees, charges and disbursements of any counsel for any
Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by
whomsoever brought or prosecuted in any manner based upon, or occasioned by,
any injury to persons, damage to or loss or destruction of property, economic Toss or
infringement of rights caused by or arising directly or indirectly from:
• The Funds;
• The Recipient's Eligible Projects, including the design, construction, operation,
maintenance, and repair of any part or all of the Eligible Projects;
• The performance of this Agreement or the breach of any term or condition of
this Agreement by the Recipient, its officers, servants, employees, and agents,
or by a Third Party, its officers, servants, employees, or agents; and
• Any omission or other wilful or negligent act of the Recipient or Third Party and
their respective officers, servants, employees, or agents.
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Municipal Funding Agreement on the Canada Community -Building Fund
12. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE
12.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is
generated from the sale, lease, encumbrance, or other disposal of an asset resulting
from an Eligible Project where such disposal takes place within five (5) years of the
date of completion of the Eligible Project.
12.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time
during the five (5) years following the date of completion of an Eligible Project if it is
sold, leased, encumbered, or otherwise disposed of.
12.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible
Project that is not sold, leased, encumbered, or otherwise disposed of, remains
primarily for public use or benefit.
13. DEFAULT AND TERMINATION
13.1 Event of Default. AMO may declare in writing that an Event of Default has occurred
when the Recipient has not complied with any condition, undertaking or term in this
Agreement. AMO will not declare in writing that an Event of Default has occurred
unless it has first consulted with the Recipient. For the purposes of this Agreement,
each of the following events shall constitute an "Event of Default":
• Failure by the Recipient to deliver in a timely manner an Annual Report or
respond to questionnaires or reports as required;
• Delivery of an Annual Report that discloses non-compliance with any
condition, undertaking or material term in this Agreement;
• Failure by the Recipient to co-operate in an external audit undertaken by
Canada, AMO or their agents;
• Delivery of an external audit report that discloses non-compliance with any
condition, undertaking or term in this Agreement; and
• Failure by the Recipient to expend Funds in accordance with the terms of this
Agreement, including Section 5.8.
13.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within
thirty (30) calendar days of receipt of the notice, either corrects the default or
demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such
steps as are necessary to correct the default.
13.3 Remedies on Default. If AMO declares that an Event of Default has occurred under
Section 13.1, after thirty (30) calendar days from the Recipient's receipt of the notice
of an Event of Default, it may immediately terminate this Agreement or suspend its
obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds
if AMO is satisfied that the default has been cured.
13.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured
to its exclusive satisfaction, AMO reserves the right to declare that prior payments of
Funds become a debt to Canada which the Recipient will reimburse forthwith on
demand to AMO for transmission to Canada.
14. CONFLICT OF INTEREST
14.1 No Conflict of Interest. The Recipient will ensure that no current member of the AMO
Board of Directors and no current or former public servant or office holder to whom
any post -employment, ethics and conflict of interest legislation, guidelines, codes or
policies of Canada applies will derive direct benefit from the Funds, the Unspent
Municipal Funding Agreement on the Canada Community -Building Fund
Funds, and any interest earned thereon, unless the provision of receipt of such
benefits is in compliance with such legislation, guidelines, policies or codes.
15. NOTICE
15.1 Notice. Any notice, information or document provided for under this Agreement will
be effectively given if in writing and if delivered by hand, or overnight courier, mailed,
postage or other charges prepaid, or sent by email to the addresses in Section 15.3.
Any notice that is sent by hand or overnight courier service shall be deemed to have
been given when received; any notice mailed shall be deemed to have been received
on the eighth (8) calendar day following the day on which it was mailed; any notice
sent by email shall be deemed to have been received on the sender's receipt of an
acknowledgment from the intended recipient (such as by the "return receipt
requested" function, as available, return email or other written acknowledgment),
provided that in the case of a notice sent by email, if it is not given on a business day
before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at
8:30 a.m. on the next business day for the recipient.
15.2 Representatives. The individuals identified in Section 15.3 of this Agreement, in the
first instance, act as AMO's or the Recipient's, as the case may be, representative for
the purpose of implementing this Agreement.
15.3 Addresses for Notice. Further to Section 15.1 of this Agreement, notice can be given
at the following addresses:
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• If to AMO:
Executive Director
Canada Community -Building Fund Agreement
Association of Municipalities of Ontario
155 University Avenue, Suite 800
Toronto, ON M5H 3B7
Telephone: 416-971-9856
Email: ccbf@amo.on.ca
• If to the Recipient:
Treasurer
The Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2E0
16. MISCELLANEOUS
16.1 Counterpart Signature. This Agreement may be signed (including by electronic
signature) and delivered (including by facsimile transmission, by email in PDF or
similar format or using an online contracting service designated by AMO) in
counterparts, and each signed and delivered counterpart will be deemed an original
and both counterparts will together constitute one and the same document.
16.2 Severability. If for any reason a provision of this Agreement that is not a fundamental
term is found to be or becomes invalid or unenforceable, in whole or in part, it will be
deemed to be severable and will be deleted from this Agreement, but all the other
terms and conditions of this Agreement will continue to be valid and enforceable.
16.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance
or indulgence demonstrated by AMO will not constitute waiver of rights in this
Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any
remedy that it may have under this Agreement or under the law.
16.4 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
16.5 Survival. The Recipient agrees that the following sections and provisions of this
Agreement shall extend for seven (7) years beyond the expiration or termination of
this Agreement: Sections 4, 5.8, 5.9, 6.1, 11.4, 11.5, 12, 13.4 and 16.8.
16.6 AMO, Canada and Recipient Independent. The Recipient will ensure its actions do
not establish or will not be deemed to establish a partnership, joint venture, principal -
agent relationship, or employer -employee relationship in any way or for any purpose
whatsoever between Canada and the Recipient, between AMO and the Recipient,
between Canada and a Third Party or between AMO and a Third Party.
16.7 No Authority to Represent. The Recipient will ensure that it does not represent itself,
including in any agreement with a Third Party, as a partner, employee, or agent of
Canada or AMO.
16.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt
due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO.
16.9 Priority. In the event of a conflict, the part of this Agreement that precedes the
signature of the Parties will take precedence over the Schedules.
16.10 Complementarity. The Recipient is to use the CCBF to complement, without
replacing or displacing, other sources of funding for municipal infrastructure.
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Municipal Funding Agreement on the Canada Community -Building Fund
16.11 Equity. The Recipient is to consider Gender Based Analysis Plus ("GBA+") lenses
when undertaking a project.
17. SCHEDULES
17.1 This Agreement, including:
Schedule A Eligible Investment Categories
Schedule B Eligible Expenditures
Schedule C Ineligible Expenditures
Schedule D The Annual Report
Schedule E Communications Requirements
constitute the entire agreement between the Parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations
and agreements.
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Municipal Funding Agreement on the Canada Community -Building Fund
18. SIGNATURES
IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, and delivered
this Agreement, effective April 1, 2024.
By:
By:
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THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
Name: Date
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Date
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Municipal Funding Agreement on the Canada Community -Building Fund
SCHEDULE A:
ELIGIBLE INVESTMENT CATEGORIES
1. Broadband connectivity — investments in the construction, material enhancement, or
renewal of infrastructure that provides internet access to residents, businesses, and/or
institutions in Canadian communities.
2. Brownfield redevelopment — investments in the remediation or decontamination of a
brownfield site within municipal boundaries — provided that the site is being redeveloped
to construct a public park for municipal use, publicly owned social housing, or
Infrastructure eligible under another investment category listed in this schedule.
3. Capacity -building — investments that strengthen the Recipient's ability to develop long-
term planning practices as described in Schedule B, item 2.
4. Community energy systems — investments in the construction, material enhancement,
or renewal of infrastructure that generates energy or increases energy efficiency.
5. Cultural infrastructure — investments in the construction, material enhancement, or
renewal of infrastructure that supports the arts, humanities, or heritage.
6. Drinking water — investments in the construction, material enhancement, or renewal of
infrastructure that supports drinking water conservation, collection, treatment, and
distribution systems.
7. Fire halls — investments in the construction, material enhancement, or renewal of fire halls
and fire station infrastructure.
8. Local roads and bridges — investments in the construction, material enhancement, or
renewal of roads, bridges, tunnels, highways, and active transportation infrastructure.
9. Public transit — investments in the construction, material enhancement, or renewal of
infrastructure that supports a shared passenger transport system that is available for
public use.
10. Recreational infrastructure — investments in the construction, material enhancement, or
renewal of recreational facilities or networks.
11. Regional and local airports — investments in the construction, material enhancement, or
renewal of airport -related infrastructure (excluding infrastructure in the National Airports
System).
12. Resilience — investments in the construction, material enhancement, or renewal of built
and natural infrastructure assets and systems that protect and strengthen the resilience
of communities and withstand and sustain service in the face of climate change, natural
disasters, and extreme weather events.
13. Short -line rail — investments in the construction, material enhancement, or renewal of
railway -related infrastructure for carriage of passengers or freight.
14. Short -sea shipping — investments in the construction, material enhancement, or renewal
of infrastructure related to the movement of cargo and passengers around the coast and
on inland waterways, without directly crossing an ocean.
15. Solid waste — investments in the construction, material enhancement, or renewal of
infrastructure that supports solid waste management systems (including the collection,
diversion, and disposal of recyclables, compostable materials, and garbage).
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Municipal Funding Agreement on the Canada Community -Building Fund
16. Sport infrastructure — investments in the construction, material enhancement, or renewal
of amateur sport infrastructure (facilities housing professional or semi-professional sports
teams are ineligible).
17. Tourism infrastructure — investments in the construction, material enhancement, or
renewal of infrastructure that attracts travelers for recreation, leisure, business, or other
purposes.
18. Wastewater — investments in the construction, material enhancement, or renewal of
infrastructure that supports wastewater and storm water collection, treatment, and
management systems.
Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent
centres, and senior centres) are not eligible.
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Municipal Funding Agreement on the Canada Community -Building Fund
SCHEDULE B:
ELIGIBLE EXPENDITURES
Eligible Expenditures will be limited to the following:
1. Infrastructure investments — expenditures associated with acquiring, planning,
designing, constructing, or renovating a tangible capital asset and any related debt
financing charges specifically identified with that asset.
2. Capacity -building costs — for projects eligible under the capacity -building category only,
expenditures associated with the development and implementation of:
• Capital investment plans, integrated community sustainability plans, integrated
regional plans, housing needs assessments, or asset management plans;
• Studies, strategies, systems, software, third -party assessments, plans, or training
related to asset management;
• Studies, strategies, systems, or plans related to housing or land use;
• Studies, strategies, or plans related to the long-term management of infrastructure;
and
• Other initiatives that strengthen the Recipient's ability to improve local and regional
planning.
3. Joint communications and signage costs — expenditures directly associated with joint
federal communication activities and with federal project signage.
4. Employee costs — the costs of the Recipient's employees for projects eligible under the
capacity -building category only — provided that the costs, on an annual basis, do not
exceed the lesser of:
• 40% of the Recipient's annual allocation (i.e., the amount of CCBF funding made
available to the Recipient by AMO under Section 5.5 of this Agreement); or
• $80,000.
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SCHEDULE C:
INELIGIBLE EXPENDITURES
The following are deemed Ineligible Expenditures:
1. Costs incurred before the Fund was established — project expenditures incurred before
April 1, 2005.
2. Costs incurred before categories were eligible — project expenditures incurred:
• Before April 1, 2014 — under the broadband connectivity, brownfield
redevelopment, cultural infrastructure, disaster mitigation (now resilience),
recreational infrastructure, regional and local airports, short -line rail, short -sea
shipping, sport infrastructure, and tourism infrastructure categories; and.
• Before April 1, 2021 — under the fire halls category.
3. Internal costs — the Recipient's overhead costs (including salaries and other employment
benefits), operating or administrative costs (related to planning, engineering, architecture,
supervision, management, and other activities normally carried out by the Recipient's
staff), and equipment leasing costs — except in accordance with Eligible Expenditures
described in Schedule B.
4. Rebated costs — taxes for which the Recipient is eligible for a tax rebate and all other
costs eligible for rebates.
5. Land costs — the purchase of land or any interest therein and related costs.
6. Legal fees.
7. Routine repair or maintenance costs — costs that do not result in the construction,
material enhancement, or renewal of a tangible capital asset.
8. Investments in health infrastructure — costs associated with health infrastructure or
assets (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres).
9. Investments in professional or semi-professional sports facilities — costs associated
with facilities used by professional or semi-professional sports teams.
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SCHEDULE D:
ANNUAL REPORT
The Annual Report may include — but is not necessarily limited to — the following information
pertaining to the previous fiscal year:
1. Financial information — and particularly:
• Interest earnings and investment gains — in accordance with Section 5.7;
• Proceeds from the disposal of assets — in accordance with Section 12.1;
• Outgoing transfers — in accordance with Sections 5.3 and 5.4;
• Incoming transfers — in accordance with Section 5.3; and
• Amounts paid — in aggregate for Eligible Expenditures on each Eligible Project.
2. Project information — describing each Eligible Project that started, ended, or was
ongoing in the reporting year.
3. Results — and particularly:
• Expected outputs and outcomes for each ongoing Eligible Project;
• Outputs generated and outcomes achieved for each Eligible Project that ended
construction in the reporting year; and
• Housing outcomes resulting from each Eligible Project that ended construction in
the reporting year, and specifically:
i. The number of housing units enabled, supported, or preserved; and
ii. The number of affordable housing units enabled, supported, or preserved.
4. Other information — such as:
• Progress made in the development and implementation of asset management
plans and systems; and
• The impact of the CCBF on housing pressures tied to infrastructure gaps, the
housing supply, and housing affordability.
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SCHEDULE E:
COMMUNICATIONS REQUIREMENTS
1. COMMUNICATIONS ACTIVITIES
1.1 Scope. The provisions of this Schedule apply to all communications activities related
to any Funds and Eligible Projects.
1.2 Definition. Communications activities may include (but are not limited to) public or
media events, news releases, reports, web articles, blogs, project signs, digital signs,
publications, success stories and vignettes, photo compilations, videos, advertising
campaigns, awareness campaigns, editorials, award programs, and multi -media
products.
2. INFORMATION SHARING REQUIREMENTS
2.1 Notification requirements. The Recipient must report all active Eligible Projects to
AMO in advance of construction each year. Reports must be submitted in an
electronic format deemed acceptable by AMO.
2.2 Active Eligible Projects. Active Eligible Projects are those Eligible Projects that
either begin in the current calendar year or are ongoing in the current calendar year.
2.3 Information required. The report must include, at a minimum, the name, category,
description, expected outcomes, anticipated CCBF contribution, anticipated start
date, and anticipated end date of each active Eligible Project.
3. PROJECT SIGNAGE REQUIREMENTS
3.1 Installation requirements. Unless otherwise approved by Canada, the Recipient
must install a federal sign to recognize federal funding for each Eligible Project in
accordance with design, content, and installation guidelines provided by Canada.
3.2 Permanent signs, plaques, and markers. Permanent signage, plaques, and
markers recognizing municipal or provincial contributions to an Eligible Project must
also recognize the federal contribution and must be approved by Canada.
3.3 Responsibilities. The Recipient is responsible for the production and installation of
Eligible Project signage in accordance with Section 3 of this Schedule E, except as
otherwise agreed upon.
3.4 Reporting requirements. The Recipient must inform AMO of signage installations in
a manner determined by AMO.
4. DIGITAL COMMUNICATIONS REQUIREMENTS
4.1 Social media. AMO maintains accounts dedicated to the CCBF on several social
media networks. The Recipient must @mention the relevant account when producing
content that promotes or communicates progress on one or more Eligible Projects.
AMO's CCBF-dedicated social media accounts are identified on
www.buildinacommunities.ca.
4.2 Websites and webpages. Websites and webpages created to promote or
communicate progress on one or more Eligible Projects must recognize federal
funding using either:
a) A digital sign; or
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b) The Canada wordmark and the following wording (as applicable):
i. "This project is funded in part by the Government of Canada"; or
ii. "This project is funded by the Government of Canada".
The Canada wordmark or digital sign must link to www.infrastructure.ac.ca.
Guidelines describing how this recognition is to appear and language requirements
are posted at htto://www.infrastructure.ac.ca/pub/sianaae-oanneaux/intro-ena.html.
5. REQUIREMENTS FOR MEDIA EVENTS AND ANNOUNCEMENTS
5.1 Definitions. Media events and announcements include, but are not limited to, news
conferences, public announcements, and the issuing of news releases to
communicate the funding of Eligible Projects or achievement of key milestones (such
as groundbreaking ceremonies, grand openings, and completions).
5.2 Authority. Canada, AMO, or the Recipient may request a media event or
announcement.
5.3 Notification requirements. Media events and announcements must not proceed
without the prior knowledge and agreement of AMO, Canada, and the Recipient.
5.4 Notice. The requester of a media event or announcement must provide at least fifteen
(15) business days' notice to other parties of their intention to undertake such an event
or announcement. If communications are proposed through a news release with no
supporting event, Canada additionally requires five (5) business days with the draft
news release to secure approvals and confirm the federal representative's quote.
5.5 Date and location. Media events and announcements must take place at a date and
location that is mutually agreed to by the Recipient, AMO and Canada.
5.6 Representatives. The Recipient, AMO, and Canada will have the opportunity to
participate in media events and announcements through a designated representative.
Each Party will choose its own designated representative.
5.7 Responsibilities. AMO and the Recipient are responsible for coordinating all onsite
logistics for media events and announcements unless otherwise agreed on.
5.8 No unreasonable delay. The Recipient must not unreasonably delay media events
and announcements.
5.9 Precedence. The conduct of all joint media events, announcements, and supporting
communications materials (e.g., news releases, media advisories) will follow the Table
of Precedence for Canada.
5.10 Federal approval. All joint communications material related to media events and
announcements must be approved by Canada and recognize the funding of all
contributors.
5.11 Federal policies. All joint communications material must reflect Canada's Policy on
Official Languages and the Policy on Communications and Federal Identity.
5.12 Equal visibility. The Recipient, Canada, and AMO will have equal visibility in all
communications activities.
6. PROGRAM COMMUNICATIONS
6.1 Own communications activities. The Recipient may include messaging in its own
communications products and activities with regards to the use of Funds.
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6.2 Funding acknowledgements. The Recipient must recognize the funding of all
contributors when undertaking such activities.
7. OPERATIONAL COMMUNICATIONS
7.1 Responsibilities. The Recipient is solely responsible for operational communications
with respect to the Eligible Projects, including but not limited to, calls for tender,
construction, and public safety notices. Operational communications as described
above are not subject to the federal official languages policy.
7.2 Federal funding acknowledgement. Operational communications should include,
where appropriate, the following statement (as appropriate):
a) "This project is funded in part by the Government of Canada"; or
b) "This project is funded by the Government of Canada".
7.3 Notification requirements. The Recipient must share information promptly with AMO
should significant emerging media or stakeholder issues relating to an Eligible Project
arise. AMO will advise the Recipient, when appropriate, about media inquiries
received concerning an Eligible Project.
8. COMMUNICATING SUCCESS STORIES
8.1 Participation requirements. The Recipient must work with Canada and AMO when
asked to collaborate on communications activities — including, but not limited to,
Eligible Project success stories (including positive impacts on housing), Eligible
Project vignettes, and Eligible Project start -to -finish features.
9. ADVERTISING CAMPAIGNS
9.1 Responsibilities. The Recipient may, at its own cost, organize an advertising or
public information campaign related to the use of the Funds or Eligible Projects,
provided that the campaign respects the provisions of this Agreement.
9.2 Notice. The Recipient must inform Canada and AMO of its intention to organize a
campaign no Tess than twenty-one (21) working days prior to the launch of the
campaign.
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